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2024-12-17 - Agendas - Archive
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting December 17, 2024 A meeting of the Fayetteville City Council was held on December 17, 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. Roll Call. Pledge of Allegiance. Mayor' s Announcements, Proclamations and Recognitions. 1. Fayetteville High School Dance Team Recognition - Presented by Mayor Lioneld Jordan. City Council Meeting Presentations, Reports and Discussion Items. 1. Mayor Jordan Service Award - Presented by Vice Mayor Bunch. 2. Nominating Committee Report - Presented by Committee Chair. APPROVED. AT THE DECEMBER 17, 2024 CITY COUNCIL MEETING, THE CITY COUNCIL REJECTED THE FAYETTEVILLE HOUSING AUTHORITY’S RECOMMENDED APPOINTMENT – MELISSA TERRY. 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 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Council Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D’Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Proposed Agenda Additions. 1. An Ordinance to Repeal Ordinance 6800: Ordinance 6800 was passed on October 15, 2024 but was determined to not take effect until 90 days from passage and approval. This restriction on how much landlords could charge prospective tenants for rental application reviews and for possible background checks may violate A.C.A. § 14-43-608 regulation of prices. (2024-01076) AT THE DECEMBER 17, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS APPROVED TO BE ADDED TO THE AGENDA. AT THE DECEMBER 17, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS AMENDED TO READ “AMENDS ORDINANCE 6800 TO EXTEND AND DELAY ITS EFFECTIVE DATE UNTIL MARCH 31, 2025”. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6824. A. Consent. 1. Approval of the November 19, 2024 City Council Meeting Minutes. APPROVED. 2. Seven Hills Homeless Center (ARPA Reallocation #2): A Resolution to Commit ARPA Funds in the amount of $23,719.80.00 to the Seven Hills Homeless Center, and to Approve a Budget Adjustment. (2024-0935) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 302-24. 3. Area Agency on Aging of Northwest Arkansas (Amendment #2): A Resolution to Approve Amendment No. 2 to the Contract with the Area Agency on Aging of Northwest Arkansas in the amount of $160,759.00 to Provide Public Recreation Services for Senior Residents of Fayetteville, Contingent on Approval of the 2025 Annual City Budget. (2024-0795) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 303-24. 4. Purchased Water Account (Budget Adjustment): A Resolution to Approve a Budget Adjustment in the amount of $1,326,000.00 for the Purchased Water Account due to increased water usage. (2024-0771) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 304-24. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 5. I3 Verticals, LLC. (Service Agreement): A Resolution to Waive Competitive Bidding and Approve an Agreement with I3 Verticals LLC to Provide Citation Payment Processing for the Fayetteville District Court. (2024-0899) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 305-24. 6. Porter Warehouse Stabilization (Change Order #1): A Resolution to Approve Change Order #1 to the Contract with IBZ INC. D/B/A Ellingson Contracting in the amount of $178,526.13 for the Porter Warehouse Stabilization Project. (2024-0901) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 306-24. 7. Central United Methodist Church (Shared Parking Lease Agreement): A Resolution to Authorize Mayor Jordan to Sign a Limited License Agreement with Central United Methodist Church for Operation of the Church Parking Deck as a Revenue-Producing Parking Facility. (2024-0902) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 307-24. 8. Animal Services - Donation Revenue (Budget Adjustment): A Resolution to Approve a Budget Adjustment in the amount of $41,174.00 representing Donation Revenue to the Animal Services Division. (2024-0903) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 308.24 9. Eco-Vista, LLC. (Service Contract): A Resolution to Approve an Agreement with Eco-Vista, LLC for the Hauling and Disposal of Solid Waste in the City of Fayetteville for a period of 3 years with automatic renewals for four additional 3 year terms. (2024-0934) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 309-24. 10. Natural State Streams (Service Contract): A Resolution to Approve a Contract with Natural State Streams, LLC in the amount of $169,645.95 for the Restoration of Niokaska Creek Downstream of North Azalea Terrace, to Approve a Project Contingency in the amount of $20,000.00, and to Approve a Budget Adjustment. (2024-0761) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 310-24. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 11. Benchmark Construction of NWA, INC. (Construction Contract): A Resolution to Approve a Contract with Benchmark Construction Company of NWA, INC. In the amount of $8,693,634.49 for the College Avenue Improvements Project, to Approve a Project Contingency in the amount of $870,000.00, and to Approve a Budget Adjustment – 2022 Street Improvement Bond Project. (2024-0904) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 311-24. 12. Police Department Donations (Budget Adjustment): A Resolution to Approve a Budget Adjustment in the amount of $148.00 Recognizing Donation Revenue to the Fayetteville Police Department. (2024-0882) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 312-24. 13. State Forfeitures (Budget Adjustment): A Resolution to Approve a Budget Adjustment in the amount of $28,463.00 Recognizing Revenue Associated with Federal and State Law Enforcement Forfeitures. (2024-0881) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 313-24. B. Unfinished Business. 1. Stormwater Management and Water Quality Funding (Adoption): An Ordinance to Enact Chapter 52: Stormwater Management Utility Fee into the Fayetteville Code of Ordinances. At the December 4, 2024 City Council Meeting this Ordinance was left on the First Reading. (2024-0687) AT THE DECEMBER 17, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS AMENDED TO ACCEPT THE REVISED VERSION OF EXHIBIT A. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6825. C. New Business. 1. National Day of Racial Healing (Recognition - January 21, 2025): A Resolution for the City of Fayetteville to Recognize the National Day of Racial Healing on January 21, 2025. (2024-0913) PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 314-24. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. Upper Ramble Park Hours (Ordinance): An Ordinance to Amend § 97.015 operating hours in Chapter 97, Article II Park Operations; Administration and Enforcement of the Code of Fayetteville to provide for extended hours in the Upper Ramble. (2024-0905) AT THE DECEMBER 17, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS AMENDED TO ADD AN EMERGY CLAUSE. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6826. 3. Rezoning-2024-0055: (West of 3296 E. Huntsville Rd/Pair, 528): An Ordinance to Rezone the property described in Rezoning Petition RZN 2024-55 for approximately 0.60 acres located West of 3296 East Huntsville Road in Ward 1 from R-A, Residential-Agricultural to RSF-4, Residential Single-Family, four units per acre. (2024-0908) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6827. 4. Authorize Payment of Survival Spousal Benefits (Ordinance): An Ordinance to Authorize Payment of Survival Spousal Benefits of 50% of Mayor Jordan’s Statutory Retirement Benefits to Mrs. Diana Jordan and to Grant an Annual Cost-of-Living Benefit increase up to 3%. (2024-0963) PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6828. D. City Council Agenda Session Presentations. E. City Council Tour. F. Announcements. G. Adjournment: 9:35 PM City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, December 17, 2024 5:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. 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 December 17, 2024 City of Fayetteville, Arkansas page 2 MEETING INFORMATION: 1. WEBINAR ID: 874 2292 3249 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/ REGISTER/WN_NHAT2K2NRKS1PRRTVCSZNW AGENDAITEMCOMMENT@FAYETTEVILLE-AR.GOV CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR' S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS 1. FAYETTEVILLE HIGH SCHOOL DANCE TEAM RECOGNITION - PRESENTED BY MAYOR LIONELD JORDAN CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS 1. MAYOR JORDAN SERVICE AWARD - PRESENTED BY VICE MAYOR BUNCH 2. NOMINATING COMMITTEE REPORT - PRESENTED BY COMMITTEE CHAIR PROPOSED AGENDA ADDITIONS 1. AN ORDINANCE TO REPEAL ORDINANCE 6800: A. CONSENT A.1. APPROVAL OF THE NOVEMBER 19, 2024 CITY COUNCIL MEETING MINUTES A.2. SEVEN HILLS HOMELESS CENTER (ARPA REALLOCATION #2): A RESOLUTION TO COMMIT ARPA FUNDS IN THE AMOUNT OF $23,719.80.00 TO THE SEVEN HILLS HOMELESS CENTER, AND TO APPROVE A BUDGET ADJUSTMENT (2024-935) A.3. AREA AGENCY ON AGING OF NORTHWEST ARKANSAS (AMENDMENT #2): A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE City Council Meeting Final Agenda December 17, 2024 City of Fayetteville, Arkansas page 3 AMOUNT OF $160,759.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR SENIOR RESIDENTS OF FAYETTEVILLE, CONTINGENT ON APPROVAL OF THE 2025 ANNUAL CITY BUDGET (2024-795) A.4. PURCHASED WATER ACCOUNT (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,326,000.00 FOR THE PURCHASED WATER ACCOUNT DUE TO INCREASED WATER USAGE (2024-771) A.5. I3 VERTICALS, LLC. (SERVICE AGREEMENT): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE AN AGREEMENT WITH I3 VERTICALS LLC TO PROVIDE CITATION PAYMENT PROCESSING FOR THE FAYETTEVILLE DISTRICT COURT (2024-899) A.6. PORTER WAREHOUSE STABILIZATION (CHANGE ORDER #1): A RESOLUTION TO APPROVE CHANGE ORDER #1 TO THE CONTRACT WITH JBZ INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $178,526.13 FOR THE PORTER WAREHOUSE STABILIZATION PROJECT (2024-901) A.7. CENTRAL UNITED METHODIST CHURCH (SHARED PARKING LEASE AGREEMENT): A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LIMITED LICENSE AGREEMENT WITH CENTRAL UNITED METHODIST CHURCH FOR OPERATION OF THE CHURCH PARKING DECK AS A REVENUE- PRODUCING PARKING FACILITY (2024-902) A.8. ANIMAL SERVICES - DONATION REVENUE (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $41,174.00 REPRESENTING DONATION REVENUE TO THE ANIMAL SERVICES DIVISION (2024-903) A.9. ECO-VISTA, LLC. (SERVICE CONTRACT): A RESOLUTION TO APPROVE AN AGREEMENT WITH ECO-VISTA, LLC FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE FOR A PERIOD OF 3 YEARS WITH AUTOMATIC RENEWALS FOR FOUR ADDITIONAL 3 YEAR TERMS (2024-934) A.10. NATURAL STATE STREAMS (SERVICE CONTRACT): A RESOLUTION TO APPROVE A CONTRACT WITH NATURAL STATE STREAMS, LLC IN THE AMOUNT OF $169,645.95 FOR THE RESTORATION OF NIOKASKA CREEK DOWNSTREAM OF NORTH AZALEA TERRACE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, City Council Meeting Final Agenda December 17, 2024 City of Fayetteville, Arkansas page 4 AND TO APPROVE A BUDGET ADJUSTMENT (2024-761) A.11. BENCHMARK CONSTRUCTION OF NWA, INC. (CONSTRUCTION CONTRACT): A RESOLUTION TO APPROVE A CONTRACT WITH BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. IN THE AMOUNT OF $8,693,634.49 FOR THE COLLEGE AVENUE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $870,000.00, AND TO APPROVE A BUDGET ADJUSTMENT – 2022 STREET IMPROVEMENT BOND PROJECT (2024-904) A.12. POLICE DEPARTMENT DONATIONS (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $148.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT (2024-882) A.13. STATE FORFEITURES (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $28,463.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES (2024-881) B. UNFINISHED BUSINESS B.1. STORMWATER MANAGEMENT AND WATER QUALITY FUNDING (ADOPTION): AN ORDINANCE TO ENACT CHAPTER 52: STORMWATER MANAGEMENT UTILITY FEE INTO THE FAYETTEVILLE CODE OF ORDINANCES (2024-687) AT THE DECEMBER 4, 2024 CITY COUNCIL MEETING THIS ORDINANCE WAS LEFT ON THE FIRST READING. C. NEW BUSINESS C.1. NATIONAL DAY OF RACIAL HEALING (RECOGNITION - JANUARY 21, 2025): A RESOLUTION FOR THE CITY OF FAYETTEVILLE TO RECOGNIZE THE NATIONAL DAY OF RACIAL HEALING ON JANUARY 21, 2025 (2024-913) C.2. UPPER RAMBLE PARK HOURS (ORDINANCE): AN ORDINANCE TO AMEND § 97.015 OPERATING HOURS IN CHAPTER 97, ARTICLE II PARK OPERATIONS; ADMINISTRATION AND ENFORCEMENT OF THE CODE OF FAYETTEVILLE TO PROVIDE FOR EXTENDED HOURS IN THE UPPER RAMBLE (2024-905) City Council Meeting Final Agenda December 17, 2024 City of Fayetteville, Arkansas page 5 C.3. REZONING-2024-0055: (WEST OF 3296 E. HUNTSVILLE RD/PAIR, 528): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-55 FOR APPROXIMATELY 0.60 ACRES LOCATED WEST OF 3296 EAST HUNTSVILLE ROAD IN WARD 1 FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE (2024-908) C.4. AN ORDINANCE TO AUTHORIZE PAYMENT OF SURVIVAL SPOUSAL BENEFITS AN ORDINANCE TO AUTHORIZE PAYMENT OF SURVIVAL SPOUSAL BENEFITS OF 50% OF MAYOR JORDAN’S STATUTORY RETIREMENT BENEFITS TO MRS. DIANA JORDAN AND TO GRANT AN ANNUAL COST-OF- LIVING BENEFIT INCREASE UP TO 3% (2024-963) D. CITY COUNCIL AGENDA SESSION PRESENTATIONS E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT NOTICE TO MEMBERS OF THE AUDIENCE 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. City Council Meeting Final Agenda December 17, 2024 City of Fayetteville, Arkansas page 6 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, appellant from a final decision of the Planning Commission or City Staff, etc.) may present its proposal only during this presentation period but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff’s presentation and an Applicant’s presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed on all items of unfinished and new business and subjects of public hearings. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. Speakers present in the City Council Chambers shall be recognized before speakers participating by electronic means. Speakers shall be limited to a maximum of three (3) minutes to discuss the agenda item or amendment being considered by the City Council. The City Council may allow a speaker additional time 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 three (3) 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 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. Cell Phones and Pagers: Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions. Smoking Prohibited: There will be no smoking allowed in the City Council Chambers during City Council meetings. Virtual City Council Meetings Authorized: After proper notice has been provided to the public, City Council Members are authorized to assemble, gather, meet, and conduct open public meetings (including speaking, voting and passing ordinances and resolutions) through appropriate electronic means which ensure the public’s right to attend by being able to listen to the proceedings and discussions. These open public meetings include City Council meetings and agenda sessions as well as City Council Member Committee meetings. Interpreters or Telecommunications Devices 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. Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-1076 AN ORDINANCE TO REPEAL ORDINANCE 6800 AN ORDINANCE TO REPEAL ORDINANCE 6800 WHICH WAS TO ENACT § 120.03 LIMITATIONS ON RENTAL APPLICATIONS AND BACKGROUND CHECK FEES WHEREAS, Ordinance 6800 was passed on October 15, 2024, but was determined to not take effect until 90 days from passage and approval; and WHEREAS, this restriction on how much landlords could charge prospective tenants for rental application reviews and for possible background checks may violate A.C.A. § 14-43-608 Regulation of prices. 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 Ordinance 6800 to prevent any possible violation of state law. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-935 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Steven Dotson, Internal Auditor SUBJECT: Additional ARPA budget reallocation to 7hills RECOMMENDATION: Recommend Council approve a commitment of $23,719.80 in ARPA funds to the Seven Hills Homeless Center and approval of a budget adjustment. BACKGROUND: In 2023, Council requested that the City prepare an RFP to solicit proposals to address housing instability within the City of Fayetteville. On October 17, 2023 the City Council selected a proposal by the Seven Hills Homeless Center for a comprehensive solution from concept to execution to address housing instability using the remaining $1.63 million of the City's American Rescue Plan Act funds. This is a collaborative effort, which includes ARPA funding to these local nonprofit organizations: Seven Hills Homeless Center, Divaology Inc. / Diva and Dude Community Outreach, NWA Continuum of Care, The Salvation Army, and Serve Northwest Arkansas, Inc. / New Beginnings NWA. DISCUSSION: The City was notified on 11/26/24 that Divaology Inc. / Diva and Dude would be returning their remaining unspent funding from the ARPA program to the City, and the funding now needs to be reallocated. Per the US Department of Treasury Coronavirus State and Local Fiscal Recovery Fund (SLFRF) regulations, the City must obligate all ARPA funds by December 31, 2024. With approval of this resolution and budget adjustment, the full $1.63 million would remain allocated to the overall housing instability project that the Council had initially approved in October of 2023. The new total ARPA award to be allocated to Seven Hills Homeless Center would be as follows: Original allocation $480,232.00 Reallocation #1 $71,411.00 New allocation $23,719.80 = Total ARPA allocation of $575,362.80 This ARPA commitment will be used (1) to provide additional funding for overnight shelter staffing and security, and (2) to pay for overnight shelter expenses related to providing services for the unsheltered/homeless population in Fayetteville. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Funding would be allocated from Divaology, Inc. to Seven Hills Homeless Center through the attached budget adjustment. ATTACHMENTS: SRF (#3) , SRF (#4) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-935 Additional ARPA budget reallocation to 7hills A RESOLUTION TO COMMIT ARPA FUNDS IN THE AMOUNT OF $23,719.80.00 TO THE SEVEN HILLS HOMELESS CENTER, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville was awarded $17.9 million in American Rescue Plan Act funding to assist in responding to the negative effects of the COVID-19 pandemic; and WHEREAS, beginning in 2021, the City established a number of projects to address the effects of the COVID-19 pandemic throughout the City including assistance to nonprofit organizations, vaccine incentives, workforce training, development programs, floodplain conservation, a childcare assistance program, funding to provide new ambulances to the regional ambulance authority, and programs to address housing instability in Fayetteville; and WHEREAS, the City was notified that Divaology, Inc. is returning the remaining unspent funds allocated to their projects that needs to be reallocated; and WHEREAS, staff recommends that the funds be reallocated to Seven Hills Homeless Center to provide additional funding for overnight shelter staffing and security, and to pay for overnight shelter expenses related to providing services for the unsheltered/homeless population. 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 commits ARPA funds in the amount of $23,719.80 to the Seven Hills Homeless Center to provide additional funding for overnight shelter staffing and security, and to pay for overnight shelter expenses related to providing services for the unsheltered/homeless population. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville Staff Review Form 2024-935 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Steven Dotson 11/27/2024 CHIEF FINANCIAL OFFICER (110) Submitted By Submitted Date Division / Department Action Recommendation: Recommend Council approve a commitment of a second increase in ARPA funds to the Seven Hills Homeless Center and approval of a budget adjustment. Budget Impact: 2246.800.9730-5315.00 ARPA Account Number Fund 20023.2021 Seven Hills Project Number Project Title Budgeted Item?Yes Total Amended Budget $551,643.00 Expenses (Actual+Encum)$219,594.02 Available Budget $332,048.98 Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?Yes Budget Adjustment $23,720.00 $128.00 Remaining Budget $355,768.98 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 CHIEF FINANCIAL OFFICER (110) Adjustment Number 2024 Requestor:Steven Dotson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Recommend Council approve the commitment of a second increase in ARPA funds to the Seven Hills Homeless Center and approval of a budget adjustment. COUNCIL DATE:12/17/2024 ITEM ID#:2024-935 Holly Black 11/27/2024 12:05 PM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241029TOTAL11 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 2246.800.9730-5315.00 23,720 -20023 2021 EX Contract Services 2246.800.9731-5315.00 (23,719)20023 2021 EX Contract Services 2246.800.9246-4999.99 1 RE Use Fund Balance - Current -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-795 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Lee Farmer, Recreation Superintendent SUBJECT: Amendment #2 to Area Agency of Northwest Arkansas RECOMMENDATION: Approval of Amendment #2 between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas (AAA) in the amount of $160,759 to provide public recreation services for senior residents of Fayetteville. BACKGROUND: On December 20, 2022, the City entered into an agreement with AAA to provide public recreation services for senior residents of Fayetteville. In 2023, the City Council approved an amendment to the agreement to reflect increased funding from the City. DISCUSSION: AAA provides recreational programs for senior residents at the Fayetteville Senior Activity and Wellness Center and transportation services for the residents of Hillcrest Towers. Those activities include 17 weekly activity and wellness classes,4 instructor-led line dancing sessions per week, daily pool play and a weekly pool tournament, an open exercise equipment area, ping pong, and other activities. Transportation services include 4 separate services that provide 31 round trips per day and offer front door pick-up and assistance. Due to the rising cost of these services, AAA requested an increase in funding provided by the City from $145,804 annually to $160,759 annually. BUDGET/STAFF IMPACT: The 2025 budget includes this funding request of $160,759, pending City Council approval of the budget. ATTACHMENTS: SRF (#3), Walker Senior Center - Amendment #2 (#4), Area Agency on Aging Funding Request (#5) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-795 Amendment #2 to Area Agency of Northwest Arkansas A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE CONTRACT WITH THE AREA AGENCY ON AGING OF NORTHWEST ARKANSAS IN THE AMOUNT OF $160,759.00 TO PROVIDE PUBLIC RECREATION SERVICES FOR SENIOR RESIDENTS OF FAYETTEVILLE, CONTINGENT ON APPROVAL OF THE 2025 ANNUAL CITY BUDGET WHEREAS, on December 20, 2022, the City entered into an agreement with the Area Agency on Aging of Northwest Arkansas (AAA) to provide recreation programs for senior residents at the Fayetteville Senior Activity and Wellness Center and transportation services for the residents of Hillcrest Towers in 2023 at a cost of $145,804.00 with automatic renewals for four additional years; and WHEREAS, due to the rising cost of services, AAA has requested an increase in funding from $145,804.00 to $160,759.00 to provide these services in 2025. 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 Amendment No. 2 to the contract with the Area Agency on Aging of Northwest Arkansas with an increase in funding to the amount of $160,759.00 to provide public recreation programs and transportation services for senior residents of Fayetteville, contingent on approval of the 2025 annual city budget. City of Fayetteville Staff Review Form 2024-795 Item ID 12/12/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Lee Farmer 11/22/2024 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Approval of Amendment #2 between the City of Fayetteville and the Area Agency on Aging of Northwest Arkansas (AAA) in the amount of $160,759 to provide public recreation services for senior residents of Fayetteville. Budget Impact: 1010.090.6600.5718.01 General Account Number Fund 40901.4004 AAANWA (Senior Center) Project Number Project Title Budgeted Item?Yes Total Amended Budget $160,759.00 Expenses (Actual+Encum)$- Available Budget $160,759.00 Does item have a direct cost?Yes Item Cost $160,759.00 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution #320-22 Change Order Number:Approval Date: Original Contract Number: Comments: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-771 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: SUBJECT: Budget Adjustment for Purchased Water Account RECOMMENDATION: Staff recommends approval of a budget adjustment in the amount of $1,326,000.00 in the Purchased Water account due to increased water usage, which is purchased from Beaver Water District. BACKGROUND: At the beginning of each budget cycle, the Utilities Department calculates the amount of money needed to purchase water from Beaver Water District for the entire year. This is accomplished by looking into the water usage history of the City in the previous year or years, and make some changes based on growth, climate and non-revenue water loss. DISCUSSION: The amount of water purchased by the end of September 2024 is up by 17% compared to water purchased by the end of September 2023. This increase in water usage is due to several factors but most notably is due to increases in the cost of water above what was originally budgeted, and water loss due to leaks. The cost of water increased by 8.5% in the latter part of 2024 rather than the customary 3% as it has been in the past. Additionally, the number of leaks in the City’s water distribution system have remained high at the end of September 2024 and is comparable to what was seen at the end of September 2023. BUDGET/STAFF IMPACT: The funds for this Budget Adjustment ($1,326,000.00) will be withdrawn from the Utility’s fund balance. ATTACHMENTS: SRF (#3), BA (#4), 2024 Beaver Water Purchased Water Projections (#5) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-771 Budget Adjustment for Purchased Water Account A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $1,326,000.00 FOR THE PURCHASED WATER ACCOUNT DUE TO INCREASED WATER USAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $1,326,000.00 for the purchased water account due to increased water usage. City of Fayetteville Staff Review Form 2024-771 Item ID 12/4/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Tim Nyander 12/4/2024 UTILITIES DIRECTOR (700) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a budget adjustment in the amount of $1,326,000.00 in the Purchased Water account due to increased water usage, which is purchased from Beaver Water District. Budget Impact: 5400.720.3800-5312.00 Water & Sewer Account Number Fund Project Number Project Title Budgeted Item?Yes Total Amended Budget $13,000,000.00 Expenses (Actual+Encum)$11,857,105.00 Available Budget $1,142,895.00 Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?Yes Budget Adjustment $1,326,000.00 $32.00 Remaining Budget $2,468,895.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 UTILITIES DIRECTOR (700) Adjustment Number 2024 Requestor:Tim Nyander BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a budget adjustment in the amount of $1,326,000.00 in the Purchased Water account due to increased water usage, which is purchased from Beaver Water District. COUNCIL DATE:12/4/2024 ITEM ID#:2024-771 Kevin Springer 11/14/2024 5:49 PM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241029TOTAL1,326,000 1,326,000 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 5400.720.3800-5312.00 1,326,000 -EX Purchased Water 5400.720.4000-4999.99 -1,326,000 RE Use Fund Balance - Current -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 2025 Budget Data - Projected Water Purchases Indicates projected amounts Gallons Rate Expense Gallons Est %Est Rate Expense 01 - January 596,398 $1.46 870,741 5.34%703,939 $1.54 1,084,066 18.03% 02 - February 556,988 $1.46 813,202 6.66%639,070 $1.54 984,168 14.74% 03 - March 578,527 $1.46 844,649 4.82%650,931 $1.54 1,002,434 12.52% 04 - April 571,452 $1.46 834,320 4.67%659,872 $1.54 1,016,203 15.47% 05 - May 625,768 $1.46 913,621 5.28%696,017 $1.54 1,071,866 11.23% 06 - June 697,512 $1.46 1,018,368 4.17%790,507 $1.54 1,217,381 13.33% 07 - July 785,904 $1.46 1,147,420 -9.93%845,333 $1.54 1,301,813 7.56% 08 - August 860,955 $1.46 1,256,994 9.94%909,864 $1.54 1,401,191 5.68% 09 - September 789,032 $1.46 1,151,987 6.71%858,244 $1.54 1,321,696 8.77% 10 - October 726,212 $1.54 1,118,366 4.68%872,029 $1.67 1,456,288 20.08% 11 - November 647,131 $1.54 996,582 14.33%744,300 15.00%Est $1.67 1,243,000 15.02% 12 - December 637,920 $1.54 982,397 8.08%733,700 15.00%Est $1.67 1,225,300 15.01% TOTALS 8,073,799 $1.48 11,948,648 4.92%9,103,806 $1.57 14,325,405 12.76% YTD October 6,788,748 9,969,669 7,625,806 11,857,105 12.33% BUDGET 13,000,000 PROJECTED 14,326,000 UNDER / (OVER)(1,326,000) 2023 % Chg Gals 2024 % Chg Gals H:\Reference Manual\Beaver Water Purchased Water History & projections.xlsx 11/13/2024 / 10:18 AM Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-899 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, IT Director SUBJECT: Staff recommends approving a resolution waiving competitive bidding and approving an agreement with i3 Verticals LLC to provide citation payment processing for the Fayetteville District Court. RECOMMENDATION: Staff recommends approving a resolution waiving competitive bidding and approving an agreement with i3 Verticals LLC to provide citation payment processing for the Fayetteville District Court. BACKGROUND: The District Court utilizes Virtual Justice software, provided by i3 Verticals, to support daily operations and currently utilizes eCourt Pay to process in-person and online citation payments. The city implemented eCourt Pay in 2020, via ordinance 6351, to provide in-person and online credit card citation payments due to eCourt Pay integration with Virtual Justice. DISCUSSION: Staff reviewed the new i3 Verticals payment system and recommend approval of the agreement to provide credit card citation payments for the Fayetteville District Court. After acquiring Virtual Justice, i3 Verticals began transitioning all customers to its proprietary payment system. Rogers and Springdale have already adopted the new system, with Siloam Springs transitioning soon. As i3 Verticals exclusively supports its payment system for integration with Virtual Justice, competitive bidding is impractical and infeasible, prompting a request to waive the City’s bidding requirements. BUDGET/STAFF IMPACT: There is no direct cost to the City or Fayetteville District Court, all fees for the service will be paid by the customers. ATTACHMENTS: SRF (#3), i3 Verticals LLC - Fayetteville Agreement (#4), i3 Verticals Letter (#5), Washington County-Fayetteville Sub-Merchant Agreement (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-899 Staff recommends approving a resolution waiving competitive bidding and approving an agreement with i3 Verticals LLC to provide citation payment processing for the Fayetteville District Court. A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND APPROVE AN AGREEMENT WITH i3 VERTICALS LLC TO PROVIDE CITATION PAYMENT PROCESSING FOR THE FAYETTEVILLE DISTRICT COURT WHEREAS, the District Court utilizes Virtual Justice software, provided by i3 Verticals, to support daily operations and currently utilizes eCourt Pay to process in-person and online credit card citation payments; and WHEREAS, after acquiring Virtual Justice, i3 Verticals began transitioning all customers to its proprietary payment system, the cost of which is paid by the customers making payments and not the City; and WHEREAS, as i3 Verticals exclusively supports its payment system for integration with Virtual Justice, competitive bidding is impractical and infeasible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes an agreement with i3 Verticals LLC to provide citation payment processing for the Fayetteville District Court. Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #Ord 6351 Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2024‐0899 Item ID 12/17/2024 City Council Meeting Date ‐ Agenda Item Only Staff recommends approving an ordinance waiving competitive bidding and approve an agreement with i3 Verticals LLC to provide citation payment processing for the Fayetteville District Court. N/A for Non‐Agenda Item Action Recommendation: Submitted By Keith Macedo INFORMATION TECHNOLOGY (170) Division / Department 11/21/2024 Submitted Date No ‐$ ‐$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget ‐$ ‐$ No No ‐$ ‐$ SERVICE AGREEMENT THIS IS A LEGALLY BINDING AGREEMENT between i3 Verticals, LLC dba Court Solutions, a Delaware limited liability company (“i3”), and you (“Agreement”). BY SIGNING AN ORDER SHEET, SIGNING UP FOR AN ACCOUNT, OR BY ACCESSING OR USING THE SERVICES (DEFINED BELOW), YOU ARE ENTERING INTO THIS SERVICES AGREEMENT (THIS “AGREEMENT”) AND YOU (“You” or “Client”) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. You and we are each individually referred to in this Agreement as a “Party,” and collectively referred to as the “Parties.” WHEREAS, i3 is a provider of software and web-based services and a call-in support center (“Services”) that enables certain users who have been granted remote access (“Authorized Payment Users”) to make credit or debit card payments to utility companies, courts or other government agencies; and WHEREAS, Client is a court, utility company or government agency that desires to utilize the Services to facilitate payments owed to Client (“Payments”). NOW THEREFORE, in consideration of the foregoing, the promises, mutual covenants and restrictions contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, i3 and Client agree as f ollows: 1.LICENSE. In consideration for payment by an Authorized Payment User to i3 of an applicable license or service fee, i3 grants to Client a non-exclusive, non-transferable License to access and use Services in accordance with the terms and conditions of this Agreement. 2. FEES. i3 will facilitate the payment of fines and fees from Authorized Payment Users to Client, and i3 will collect from Authorized Payment Users an applicable service fee connection with the Payment for its Services. 3. CLIENT RESPONSIBILITIES AND PERMITTED USE. Client is responsible for understanding the legal and regulatory requirements applicable to it and for selecting and using the Services and for procuring and using the Services in a manner that complies with the applicable legal and regulatory requirements. Court shall comply with all laws and regulations applicable to Client. Client permits i3 to disclose Client Data to third party for purposes of performing Services. i3 reserves the right to use one or more subcontractors to perform all or part of the Services (each a "Subcontractor") and to change Subcontractors from time to time without notice to Client. i3 agrees to share the name (or names) of subcontractors with Client upon written request. All subcontractors of i3 will be subject to terms and conditions that are consistent with i3’s obligations under the Agreement. Client shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this Agreement. In addition, Client shall implement commercially reasonable physical, administrative and technical controls, and security procedures and other safeguards that are reasonably necessary to prevent unauthorized access to and use of the Services. Client will promptly notify i3 of any unauthorized access and use of Client’s account and is solely responsible for keeping its passwords and account information secret and for all acts that occur if it fails to do so. No rights, other than those expressly granted herein, in or to the Service are granted to Client. Client may not modify, copy (except for disaster recovery purposes), provide to any non-Affiliate third party (except for contractors), sell or transfer, the Service and any Service Content, in whole or in part. Client shall not decompile, disassemble, reverse engineer, or in any way derive source code from the Service or Service Content. 4. INTELLECTUAL PROPERTY RIGHTS OF I3. The IP Rights in and to the Services and Service Content are and shall remain the property of i3 and its licensors. “IP Rights” means all intellectual and industrial property rights of any kind whatsoever including patents, supplementary protection certificates, rights in know-how, trademarks, designs, models, design rights, rights to prevent passing off or unfair competition and copyright (whether in drawings, plans, specifications, designs and computer software or otherwise), database rights, any rights in any invention, discovery or process, and applications for and rights to apply for any of the foregoing. “Service Content” means the computer code, operating instructions, graphics, designs, proprietary scripts, underlying technology, third party content, information and/or other material (whether in written, graphical, or other form) comprised in the Services. 5. INTELLECTUAL PROPERTY RIGHTS OF CLIENT. Client retains all rights, title and interest in and to any data, logos, trademarks, trade name, service marks, or any other graphics, designs or pictures input into the Service by Client, an Affiliate, their employees and contractors (or by i3 on their behalf), or incorporated as part of a Service (collectively, “Client Data”). 6. CONFIDENTIALITY. The parties acknowledge that by reason of their relationship under this Agreement, they may receive or have access to (such party being a “Recipient”) certain information and materials concerning the other party’s (such party being a “Discloser”) business, technology, and/or products (including the Services and all terms and conditions and pricing set forth in this Agreement) that is confidential and of substantial value to the other party, which value would be impaired if such information were disclosed to third parties (“Confidential Information”). Except as provided herein, the Recipient agrees that it will not use in any way for its own account or the account of any third party, nor disclose to any third party, any such Confidential Information, except as authorized under this Agreement, and will protect the confidentiality of such information with the same degree of care which it uses to protect its own confidential information, using no less than a reasonable degree of care. Such use and non-disclosure obligations shall not apply to information which (a) was already rightfully known to Recipient prior to the Discloser disclosing it; (b) is in or has entered the public domain through no breach of this Agreement or other wrongful act of Recipient; (c) has been rightfully received from a third party not under obligation of confidentiality; (d) has been approved for release by Discloser’s written authorization; (e) is required to be disclosed by law; or (f) was independently developed by Recipient, as evidenced by documentation, without ref to or reliance on Discloser’s Confidential Information. Upon request, Recipient shall promptly destroy all documents and information, however recorded, which contain Discloser’s Confidential Information; provided that Recipient shall be permitted to maintain one (1) copy in an encrypted archived computer system backup that was made in accordance with its corporate business continuity or disaster recovery procedures. 7. I3 WARRANTIES. i3 warrants to Client that: (a) it will provide Services with reasonable skill and care; (b) it has full power and authority to enter into this Agreement; (c) the Services, when used in accordance with the terms and conditions of this Agreement, do not infringe the IP Rights of any third party; and (d) it will comply with all applicable laws and regulations in the performance of its obligations hereunder. i3 does not warrant that: (a) the Services provided pursuant to this Agreement will be uninterrupted or error free; or (b) that Client will obtain any specific results by using the Services. i3 MAKES NO WARRANTY, GUARANTEE OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES. 8.CLIENT WARRANTIES. Client warrants that: (a) it has full power and authority to enter into this Agreement; (b) it will comply with all applicable laws and regulations in the performance of its obligations hereunder; (c) it is authorized under such laws to provide i3 with any personal data and has obtained any necessary consent or other requirements for i3 to process such personal data; (d) Client Data and materials provided to i3 by or on behalf of Client (“Client Materials”), do not infringe the IP Rights of any third party. 9.LIMITATION OF LIABILITY. Nothing in this Agreement shall operate to limit or exclude i3’s liability for personal injury or death resulting from our negligence, for fraud and fraudulent misrepresentation, or for any matter for which it would be illegal for to exclude or to attempt to limit or exclude liability. In no event shall i3 be liable for any loss of profits, sales, business (in each case whether direct or indirect) or any indirect, special, exemplary, incidental, or consequential damages, or any claims or demands brought against Client, even if i3 has been advised of the possibility of such claims or demands. The aggregate liability of i3 to Client for all claims related to the Services and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the fees paid by Authorized Payment Users to i3 in the twelve (12) months preceding the claim. 10.INDEMNIFICATION. i3 shall indemnify Client and its Affiliates, and their respective directors, officers, employees and agents for any and all claims, damages or liability whatsoever, including payment of reasonable attorneys’ fees and costs, suffered or incurred by Client in connection with any claim that the Services infringe the IP Rights of any third party (“IP Claim”). This indemnity obligation is subject to Client promptly notifying i3 of any IP Claim, granting i3 the authority to defend, compromise or settle the claim, and providing i3 with any information relevant to such claim. i3 shall have no liability for any IP Claims that are based on (i) Client’s modification of the Service where the same was not pre-authorized in writing by i3 or (ii) use of the Service in a manner not permitted by this Agreement. This Clause constitutes i3’s entire obligation to Client with respect to any IP Claim. Client shall indemnify i3 and its Affiliates, and their respective directors, officers, employees and agents for any and all claims, damages or liability whatsoever, including payment of reasonable attorneys’ fees and costs, suffered or incurred by i3 in connection with: (i)any claim that the Client Data and/or Client Materials infringe the IP Rights of any third party; and (ii) any claims or actions brought by third parties arising out of, or related to, Client’s programs initiatives with regard to the payment of fines or fees owed to Client. 11.TERM AND TERMINATION. This Agreement shall commence on the Effective Date and shall continue in full force and effect for a period of one year (the “Initial Term”) unless earlier terminated as set forth below. Upon the expiration of the Initial Term or any subsequent Renewal Term, this Agreement will renew for additional one-year periods (each a “Renewal Term”), and, together with the Initial Term, collectively the “Term” unless either party notifies the other party inwriting of its intent not to renew this Agreement at least 60 days prior to the end of the Term. 12. TERMINATION CONSEQUENCES. On termination of the Agreement, all rights licenses and authorizations granted to Client hereunder will immediately terminate and Client shall: (i) immediately cease all use of and other activities related to the Services unless otherwise mutually agreed upon by the parties. Notwithstanding the foregoing, upon termination of the Agreement, I3 will continue to process any existing payments that were submitted prior to the date of termination. 13. ENTIRE AGREEMENT. This Agreement (as amended or varied from time to time) embodies the entire understanding between I3 and Client with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto. Under no circumstances will any preprinted, additional, or different terms or conditions in requests for proposals, requests for quotations, purchase orders or other business documents govern any Services, this Agreement. No use of trade or other regular practice or method of dealing between the parties shall be used to modify, interpret, supplement, or alter in any manner the terms of this Agreement. 14. NOTICES. Client’s routine communications regarding the Licensed Software and Services as well as any legal notices to I3 relating to this Agreement and its terms should be sent by either first class United States Mail to: i3 Verticals, LLC, 40 Burton Hills Blvd., Suite 415, Nashville, TN 37215, Attn: Legal or by email to legal@i3verticals.com. i3 routine communications regarding the Services as well as any legal notices to Client will be sent to the individuals that Client designates as contacts on its account either by electronic mail, United States mail, or overnight courier. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a Business Day, as of the beginning of the first Business Day following the time posted or delivered. 15. DISPUTE RESOLUTION AND GOVERNING LAW. This Agreement is governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Arkansas. Any legal suit, action or proceeding arising out of or in any way related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arkansas in each case located in the City of Fayetteville and County of Washington, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. 16. ASSIGNMENT. This Agreement may not be assigned or transferred by either party (by operation of law or otherwise) without the prior written consent of the other party; provided, however, that either party may, without the prior consent of the other, assign all of its rights under this Agreement to (i) an Affiliate,(ii) a purchaser of all or substantially all of its stock or assets, or (iii) a third party participating in a merger or other corporate reorganization in which the assigning party is a constituent corporation. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. 17. MISCELLANEOUS. I3 is an independent contractor and is not an employee, partner, joint author or joint venturer of Client or its Affiliates. The rights and remedies under this Agreement may not be enforced by anyone other than the parties hereto. The failure of a party to enforce any right or claim under, or provision of, this Agreement shall not be deemed to be a waiver of such right, claim, or provision. This Agreement may not be modified except by a writing signed by authorized representatives of both parties. If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is illegal, unenforceable or void and does not relate to the payments to be made to I3. If the remainder of this Agreement is not affected by such declaration or finding and is capable of substantial performance, then each provision not so affected shall be enforced to the extent permitted by law. Neither party shall be liable to the other for any delay or failure to perform due to acts of god or causes beyond its reasonable control. Performance times shall be considered extended for a period of time equivalent to the time lost because of any such delay. In this Agreement: (a) where an agreement or consent of a party is required, such agreement or consent shall not be unreasonably withheld or delayed; and (b) words denoting the singular include the plural and vice versa. 18. COUNTERPARTS; SIGNATURES. This Agreement may be executed in counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. Facsimile or electronic transmissions of counterparts displaying facsimile or electronic, or electronically reproduced copies, of signatures shall be accepted and binding with the same force and effect as “wet signed” originals of the counterpart. Client: i3: By: By: Signature Signature Name: Name: Title: Title: Date: Date: EVP 11/14/2024 David Graves Mayor Lioneld Jordan i3-MSI Consulting, LLC 641 Hwy 71 North, Suite 3, Alma, AR 72921 November 14, 2024 Washington Co. District Court - Fayetteville Dept. 176 South Church, Suite 1 Fayetteville, AR 72701 Ms. Stockalper, This letter is a more detailed explanation concerning our Virtual Justice Case Management System interface with Court Solutions online payments moving forward. Currently you are using eCourtPay for your online payments interface with VJ. All our courts in Arkansas, that are not already using Court Solutions, are being asked to switch. Court Solutions provides everything eCourtPay provides and more. MSI & Court Solutions are both owned by i3 Verticals. MSI has worked with Court Solutions since 2009 and have 124 courts that are interfacing with Court Solutions for online payments. We will no longer be interfacing with any other online payment company except Court Solutions moving forward. It is our goal to have all of our courts migrated over to Court Solutions by the end of 2024. Here are a few specific details: • The rates for all online card payment companies are very similar and based on fees charged by the credit card companies. The base fee for Court Solutions is 11%. However, because MSI and Court Solutions are both owned by i3 Verticals, I’m able to offer reduced prices specifically for MSI courts. ▪ Court Solutions rates for MSI Courts: 9.5% for payments made on the website and by phone. 4.7% for payments made at the court pay window using the Court Solutions clerk portal. • If needed, Court Solutions will provide Credit Card readers, free of charge, for on-site payments. • We will also be providing new features with Court Solutions moving forward that are specific to our partnership, including automated receipt posting from online payments instead of manual posting from email notifications. Finally, because of any inconvenience in switching, MSI is offering to keep your VJ License Price the same in 2025 as it was in 2024. But rest assured, we will handle all the heavy lifting for you during the transition. Sincerely, Bryan D. Smith i3-MSI Consulting 1 Rev. 07.23 PAYMENT PROCESSING AGREEMENT FOR SUB-MERCHANTS This Payment Processing Agreement for Sub-merchants (“Agreement”) sets forth the terms and conditions that govern the services to be provided by i3 Verticals, LLC and its affiliates including _____________ (““Provider”, “us” or “we”) to its registered sub-merchants (“Sub- merchant”, or “you”) which include electronic payment gateway and payment processing services provided by Provider and as an agent of WorldPay, LLC, 8500 Governors Hill Dr. Cincinnati, OH 45249 (“Processor”) and Fifth Third Bank (as such bank may change from time to time, the “Member Bank”) pursuant to a Payment Facilitator Merchant Agreement (“Processing Agreement”). Processor and Member Bank are collectively referred to as “Acquirer.” Provider is required to enter into this Agreement with its customers, who are “Sub-merchants” for purposes of this Agreement and the Processing Agreement. Sub-merchant has registered to receive the Merchant Services more fully described at www.i3verticals.com/verticals/public-sector (the “Website”). Sub-merchant has submitted an Application, the terms of which are incorporated herein. By its acceptance of the Application, Provider agrees to provide Sub-merchant with certain payment processing services (“Services”) in accordance with the terms of this Agreement to facilitate Sub-merchant’s acceptance of credit and debit card payments for goods and services provided to Cardholders. In consideration of Sub-merchant’s receipt of credit or debit card funded payments, and participation in programs affiliated with MasterCard International Inc. (“MasterCard”), VISA U.S.A. Inc. (“VISA”), Discover Financial Services, LLC (“Discover”), and Other Networks (defined below) (collectively, “Associations”), Sub-merchant is required to comply with the Operating Regulations (defined below) as they pertain to applicable credit and debit card payments. Provider and Sub-merchant agree as follows: 1. Definitions. Unless otherwise defined above, all capitalized terms used in this Agreement shall have the meanings given to them herein or in Appendix A attached to this Agreement. 2. The Services. Provider is a payment Gateway and registered PSP and Payment Facilitator as provided for in the Operating Regulations. Pursuant to the Processing Agreement, Provider has arranged for Processor to acquire, process and settle payment for transactions initiated by Sub-merchant’s Payors, by means of Instruction Based Funding. Such acquiring, processing, and settlement shall be made in accordance with the Operating Regulations using the channels set forth in the Application, which include: credit/debit card and EFT (electronic funds transfer) payments through the Website, (collectively “Payments”). Subject to processing delays and risk holds, Provider has made arrangements as a Payment Facilitator to cause Payments to be made to Sub-merchant. Processor will periodically transfer Payments to Sub-merchant’s Bank Account based upon instructions provided by Provider via Instruction Based Funding (‘Services” or “Merchant Services).” 3. Authorization. You authorize us to perform underwriting and screening of your Application and acknowledge that we have ultimate discretion regarding our underwriting, risk and compliance decisions (“Underwriting Policies”), including any decision of whether to provide Services to you. Sub-merchant authorizes Provider to conduct checks of Sub- merchant’s background, credit, or banking information, as necessary, and agrees that all information obtained under this Agreement may be shared with an Association. While assessing your Application, we may grant you preliminary access to the Services. We require a holding period before making an initial payment to you, which will not exceed three (3) business days. We reserve the right to suspend or terminate provision of Services to you at any time if we determine that your activities (a) violate our Underwriting Policies or this Agreement; (b) are listed on the Restricted Businesses List; or (c)otherwise reflect negatively on the brand or reputation of Provider, Processor or Member Bank. Sub-merchant hereby authorizes Provider to facilitate the debiting and crediting of the bank account described in its Application (“Bank Account”), for purposes of depositing Payments to Sub-merchant’s Bank Account, debiting from Sub-merchant’s Bank Account any chargebacks, refunds, or reversals, and debiting any fees or charges owed to Provider. Sub-merchant agrees to keep this bank information current with Provider at all times. Failure to do so may result in Payments being misdirected, withheld, or returned to its Payors. Provider shall in no event be liable for any damages directly or indirectly resulting from incorrect bank information you provide. 4. Sub-merchant Responsibilities. 4.1. Sub-merchant agrees to execute a direct processing agreement with Processor, in the form of the Merchant Services Agreement for Sub-merchants provided by Processor, as a supplement to this Agreement, and will provide Provider with a copy of such agreement upon request. In the event that more than $50,000,000 in Visa transactions and/or $50,000,000 in MasterCard transactions (or such other amount provided by the Operating Regulations) is processed through and on behalf of Sub-merchant in any 12-month period, Sub- merchant will automatically be deemed to have accepted, and will be bound by, the Merchant Services Agreement for Sub-merchants. 4.2. Sub-merchant will permit Provider to perform risk monitoring functions as required by the Operating Regulations and Rules Summary. 4.3. Sub-merchant will notify Provider immediately of any Payor disputes or other matters that require WorldPa Received From Keith Macedo 12/10/2024 12:14 PM 2 Rev. 07.23 escalation to Processor and immediately forward any notices received by Sub-merchant concerning a disputed payment transaction. 4.4. Sub-merchant will ensure that only sales transactions produced as the direct result of bona fide sales to Payors for such identified products and/or services are completed and delivered to Provider for processing. 4.5. Sub-merchant will restrict access to ID’s and passwords to access the Services and will disclose such IDs and passwords to its employees and agents on an as-needed basis, only as necessary for the use of the Services. 4.6. Sub-merchant is solely responsible for the security of data residing on the servers owned, controlled or operated by Sub-merchant. Sub-merchant will comply with all state and federal laws, including without limitation laws regarding disclosure to customers on how and why personal information and financial information is collected and used. Sub-merchant agrees not to use, disclose, sell or disseminate any cardholder information obtained in a card transaction except for purposes of authorizing, completing and settling card transactions and resolving chargebacks, retrieval requests or similar issues involving card transactions. Sub-merchant acknowledges that neither Provider nor Processor shall be liable for any improperly processed transaction or illegal or fraudulent access to Sub- merchant’s account, Sub-merchant’s IDs and passwords, any end-user data or transaction data . 4.7 Sub-merchant acknowledges and agrees that it is responsible for its employees’ actions, it will notify Provider of any third party that will have access to cardholder data, and it will immediately report all instances of a data breach to Provider immediately after it identifies an incident. 5. Sub-merchant Prohibitions. Sub-merchant acknowledges and agrees that the prohibited actions described below (“Prohibited Actions”) are actions which may mislead, disadvantage, defraud or damage a ny, or all of, the following entities: (a) a Payor; (b) the issuing bank; (c) the settlement bank; (d) the Associations; (e) Provider; (f) Processor; or (f) the Member Bank. Sub-merchant agrees that it must take all available steps and precautions to prevent fraud, theft, or misappropriation of Payor data. Sub-merchant agrees that it will not take any of the following Prohibited Actions and it will not permit a third party under its control to take the actions described in this Section 5 in any situation where it has knowledge of such actions. Sub-merchant is deemed to be responsible for and to control the conduct of its employees, contractors, customers, and representatives and ensure their compliance with applicable laws and the Operating Regulations, including the ownership and use of Association Marks. 5.1. Sale Transactions. Sub-merchant will not submit any sales transaction to Processor: (a) that adds any surcharge to the transaction, except to the extent authorized by the Operating Regulations or Applicable Law; (b) that adds any tax to the transaction, unless Applicable Law expressly allows for the customer to impose a tax. Any tax amount, if allowed, must be included in the transaction amount and not collected separately; (c) that represents the refinancing or transfer of an existing Payor obligation that is deemed to be uncollectible or arises from the dishonor of a Payor’s personal check or from the acceptance of a Card at a terminal that dispenses scrip; (d) that Sub-merchant knows or should have known to be fraudulent or not authorized by the Payor, or that it knows or should have known to be authorized by a customer colluding with Sub-merchant for a fraudulent purpose; (e) until after the services are performed, and/or Sub-merchant has completed the transaction, unless Sub-merchant has obtained Payor consent for a recurring transaction; (f) where a valid authorization was required but not obtained; (g) where multiple authorizations for amounts less than the total sale amount have been obtained; (h) which results in a disbursement of cash or cash equivalent to a Payor; (i) that establishes a maximum dollar sale transaction amount, except to the extent authorized by the Operating Regulations; (j) for any purposes related to pornography or any activity that is illegal in either the Sub-Merchant’s or Provider’s jurisdiction, including but not limited to money -laundering or financing of terrorist activities; (k) that was previously charged back to the Acquirer and subsequently returned to the Sub-merchant, irrespective of Cardholder approval; (l) that requests a Card Verification Value 2 (“CVV2”) for a card-present transaction, nor retains or stores any portion of the magnetic-stripe data subsequent to the authorization of a sales transaction, nor any other data prohibited by the Operating Regulations and/or the Payment Facilitator Agreement between Processor and Provider, including CVV2. 5.2. Minimum and Maximum Transaction Amounts. (a) A Sub-merchant may set a minimum transaction amount to accept a Card that provides access to a credit account, provided the minimum transaction amount does not (i) differentiate between Issuers, (ii) differentiate between Mastercard and another acceptance brand; and (iii) exceed USD 10 (or any higher amount established by the Federal Reserve by regulation). (b) A Sub-merchant may set a maximum transaction amount to accept a Card that provides access to a credit account, under the following conditions: (i) the Sub-merchant is a department, agency or instrumentality of the U.S. Government, a corporation owned or controlled by the U.S. Government, or whose primary business is reflected by MCC 8220 (Colleges, Universities, Professional Schools, Junior Colleges), 8244 (Schools, Business and Secretarial) or 8249 (Schools, Trade and Vocational); and (ii) the maximum transaction amount does not differentiate between Issuers or between Mastercard and another acceptance brand. 5.3. Refund Transactions. Sub-merchant will not submit any refund transaction to Processor: (a) that does not correlate to an original sales transaction from the Payor; (b) that exceeds the amount shown as the total on the 3 Rev. 07.23 original sale transaction; or (c) more than three (3) business days following either: (i) a regulatory requirement granting a Payor’s right to a refund; or (ii) a non-disputed Payor request. 5.4. Other Prohibited Activities. Sub-merchant will not: (a) use any Payor data or other transaction data for any purpose not authorized by this Agreement; (b) disclose any Payor data or other transaction data to any entity except for necessary disclosures to affected Payors, and through Processor to affected Association entities (c) provide to Processor or Provider any inaccurate, incomplete, or misleading information; (d) fail to provide Provider with timely notification of events that have caused or could cause material changes in the Sub-merchant’s ability to fulfill its obligations under this Agreement, including but not limited to (i) adverse changes in Sub-merchant’s financial health; (ii) adverse changes in Sub-merchant’s business conditions or environment; (iii) actions by governmental or non - governmental agencies; (e) transfer or attempt to transfer its financial liability by asking or requiring Payors to waive their dispute rights; (f) submit transactions on behalf of another entity that the Associations would consider a sub-ISO, Payment Service Provider (PSP), Provider, or any third party payment provider; (g) submit transactions for entities that do not have their principal places of business in the United States; (h) require a Cardholder to complete a postcard or similar device that includes the Cardholder’s Account Number, Card expiration date, signature, or any other Card account data in plain view when mailed; (i) request or use an Account Number for any purpose other than as payment for its goods or services; (j) disburse funds in the form of travelers cheques, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from the Sub-merchant; (k) disburse funds in the form of cash, unless (i) the Sub-merchant is participating in full compliance with a program supported by an Association for such cash disbursements or such disbursement is in the form of travelers cheque, TravelMoney cards, or foreign currency, in which case, the Transaction amount is limited to the value of the travelers cheques, TravelMoney cards, or foreign currency plus any commission or fee charged by the Sub-merchant or (ii) the Sub-merchant is participating in the Cash Back service; (l) deposit an electronic or paper record of a transaction (or a copy), generated at the point-of-transaction that does not result from an act between the Cardholder and the Sub-merchant; (m) interchange any transaction receipt for a transaction that was previously charged back to the Acquirer and subsequently returned to the Sub-merchant, irrespective of Cardholder approval. 6. Parties to the Agreement; Entire Agreement. This Agreement constitutes the agreement required by the Processing Agreement between Provider, as a Payment Facilitator under the Processing Agreement, and its sub-merchants. In addition, the Sub-merchant may be required under the Processing Agreement to enter into a direct processing agreement with Processor (“Direct Processing Agreement”) if it processes transactions in excess of a certain dollar amount as required by the Operating Regulations. Provider and Sub-merchant acknowledge and agree that Processor and Member Bank are hereby made parties to this Agreement for that purpose, and each shall have the right to enforce against Sub- merchant all terms and conditions of this Agreement, and any future amendments or addenda to which they are a party, as set forth therein. This Agreement and the Direct Processing Agreement, if applicable, shall constitute the entire agreement between the parties concerning the subject matter hereof. This Agreement shall not be superseded or replaced by the Direct Processing Agreement. In the event of a conflict between the terms of this Agreement and the Direct Processing Agreement, the terms of the Direct Processing Agreement shall control. 7. Breach Notifications; Investigations. Sub-merchant will promptly notify Provider in the event Sub-merchant becomes aware of any unusual or suspicious activity regarding its customers or any alleged breach by Processor of this Agreement, which notice will specifically detail such alleged breach, within thirty (30) days of the date on which the alleged breach becomes known to Sub-merchant and will cooperate with Processor, Provider, Member Bank and the Associations, as applicable, in connection with any investigation thereof. Failure to provide notice shall be deemed an acceptance by Sub- merchant and a waiver of any and all rights to dispute such breach. Sub-merchant hereby authorizes Provider to assert any such claim against Processor on its behalf, and to take all steps deemed necessary or appropriate in connection with such claim. 8. Representations and Warranties; Authorization. Sub-merchant hereby represents and warrants that the execution, delivery and performance of this Agreement has been duly authorized by all necessary appropriate authorizing actions of Sub-merchant; that the execution, delivery and performance of this Agreement will not contravene any applicable by- law, corporate charter, partnership or joint venture agreement, law, regulation, order or judgment involving Sub-merchant; that the execution, delivery and performance of the Agreement will not contravene any provision or constitute a default under any other agreement, license or contract which Sub-merchant is bound; that the Agreement is valid and enforceable in accordance with its terms against Sub-merchant as if each Sub-merchant had signed the Agreement; and that Sub- merchant will be bound by any amendments and modifications to the Agreement agreed to by Provider and Sub- merchant. 4 Rev. 07.23 9. Data Security and Privacy. Sub-merchant agrees to comply, and to cause third parties acting as Sub-merchant’s agent (“Agents”) to comply, with the Operating Regulations, the Payment Card Industry Data Security Standards (“PCI -DSS”), the VISA Cardholder Information Security Program (“CISP”), the MasterCard Site Data Protection Program(“SDP”), and (where applicable), the PCI Security Standards Council, Visa, and MasterCard PA-DSS (“Payment Application Data Security Standards”) (collectively, the "Security Guidelines"). Sub-merchant may review the VISA, MasterCard, American Express and Discover websites for a copy of the Visa, MasterCard and Discover regulations. The websites are: http://usa.visa.com/customers/ and http://www.mastercard.com/us/Sub-merchant/ and http://www.americanexpress.com/merchantopguide and http://www.discovernetwork.com/customers/. Sub-merchant will comply with the Card acceptance and website requirements set forth in the Operating Regulations. Without limiting the foregoing, Sub-merchant agrees that it will fully comply with any and all anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act, the US Treasury’s Office of foreign Assets control (“OFAC”) and the Federal Trade Commission. For purposes of this section, Agents include, but are not limited to, Sub-merchant’s software providers and/or equipment providers. Sub-merchant represents to Provider that it does not have access to Card information (such as the Cardholder’s account number, expiration date, and CVV2) and will not request access to such Card information from Provider. In the event that Sub-merchant receives such Card or other personal information of its customers in connection with the processing services provided under this Agreement, Sub-merchant agrees that it will not use it for any fraudulent purpose or in violation of any Card Organization Rules, including but not limited to PCI-DSS or Applicable Laws. If at any time Sub-merchant believes that customer personal information has been compromised, Sub-merchant must notify us promptly and assist in providing notification to the proper parties. Sub-merchant must ensure compliance by itself, and any third-party service provider utilized by Sub-merchant, with all security standards and guidelines that are applicable to Sub-merchant and published from time to time. Provider will not be responsible for unauthorized use or access to customer’s personal information or financial data by Sub-merchant, Sub-merchant’s employees, or any other party associated with Sub-merchant, except to the extent such use or access is due to Provider’s fault or negligence. If any Card Organization requires an audit of Sub-merchant due to a data security compromise event or suspected event, Sub-merchant agrees to cooperate with such audit. Sub-merchant may not use any Card information other than for the sole purpose of completing the transaction authorized by the customer for which the information was provided to Sub- merchant, or as specifically allowed by Card Organization Rules, Operating Regulations, or as required by law. Provider may use any and all information gathered in the performance of the Services in accordance with its privacy policy found at www.i3verticals.com/PrivacyPolicy (“Privacy Policy”). In addition, Sub-merchant agrees that Provider may use such information for any lawful purpose and in accordance with its Privacy Policy. 10. Modification of this Agreement or the Services. Provider may from time to time without prior notice amend or modify this Agreement or the Services, including without limitation a change to the pricing, terms or products offered; provided, however, that Provider will not modify the Services in a manner that would, in its sole discretion, significantly adversely affect Sub-merchant’s use thereof, without providing at least ten days’ prior notice to Sub-merchant of any such modification. Such notice may be made by means of email. Sub-merchant’s continued use of the Services following notification of any change or amendment to this Agreement or the Services shall be evidence of its consent and agreement to the modification and/or amendment. 11. Fees. Payors making online payments to Sub-merchant utilizing the Services hereunder may be required to pay fees in order to make such online Payments, if provided for in the Application for the Services. Sub-merchant is responsible for disclosing all Payor-paid fees to Payors. Provider may grant or deny to Payors the ability to use the Provider Services for any reason in its sole discretion. Provider reserves the right to modify and amend all fees payable for the Services upon ten days’ notice to Sub- merchant. 12. Termination. 12.1. Either party may terminate this agreement by providing written notice with the termination date no less than thirty (30) days prior to the termination date. 12.2. Provider may immediately cease providing Services and/or terminate this Agreement without notice if: (i) Sub-merchant fails to pay any amount to Provider or Processor when due, (ii) Provider has received a request from Processor, Member Bank, or the Associations to terminate this Agreement; (iii) Provider believes that the provision of a service to Sub-merchant may be a violation of the Operating Regulations or any Applicable Laws; (iv) Provider believes that Sub-merchant has violated or is likely to violate the Operating Regulations or Applicable Law; (v) Provider determines that Sub-merchant poses a financial or regulatory risk to Provider or an Association, (vi) the Processing Agreement is terminated for any reason; (vii) any Association deregisters Provider; (viii) Processor or Member Bank ceases to be a member of or to participate in programs affiliated with the Associations that permit them to offer the Services;(ix) Provider fails to have the required licenses or registrations, or is the subject of any regulatory enforcement action in connection with any Applicable Law. 5 Rev. 07.23 13.Miscellaneous. ProvidermayamendthisAgreementuponnoticetoSub-merchantinaccordancewith Provider’sstandard operating procedures. This Agreement is entered into, governed by, and construed pursuant to the laws of the State of Sub-merchant’s domicile without regard to conflicts of law provisions. This Agreement may not be assigned by Sub - merchant without the prior written consent of Provider and may not be assigned by Provider without the prior written consent of Sub-merchant. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees and assignees. This Agreement is for the benefit of, and may be enforced only by Provider and Sub-merchant and is not for the benefit of, and may not be enforced by, any other party except the Associations as set forth in Attachment A. If any provision of this Agreement is determined to beillegal or invalid, such illegality or invalidity of that provision will not affect any of the remaining provisions and this Agreement and will be construed as if such provision is not contained intheAgreement.“MemberBank”asusedinthisAgreementshallmeana memberofVISA,MasterCardand/orDiscover, as applicable, that provides sponsorship services in connection with this Agreement. As of the commencement of this Agreement, Member Bank shall be Fifth Third Bank, an Ohio banking corporation, located in Cincinnati, Ohio. The Member Bank may be changed, and its rights and obligations assigned to anotherpartybyProcessoratanytimewithout notice to Provider orSub-merchant. By signing below, I indicate that I am authorized by the Sub-merchant to execute this Agreement and any other documentation required for the Merchant Services Sub-merchant: i3: By: By: Signature Signature Name:Name: Title:Title: Date:Date: Dave Graves EVPMayor Lioneld Jordan ϭ Rev. 04.23 V ATTACHMENT A PAYMENT PROCESSING A. Sub-merchant agrees that it will take all steps necessary to assist Provider in complying with its obligations under the Operating Regulations and Applicable Laws related to the settlement of sales transactions, including but not limited to filing of quarterly or other reports required under the Operating Regulations and the payment of assessments, chargebacks and fees in connection with transactions processed under this Agreement. The Associations make excerpts of their Operating Regulations available online, including via: https://www.mastercard.us/en-us/business/overview/support/rules.html; https://usa.visa.com/support/consumer/visa-rules.html https://www.americanexpress.com/merchantopguide https://www.discoverglobalnetwork.com/content/dam/discover/en_us/dgn/pdfs/MIT- Implementation-Guide.pdf Each applicable Association’s complete Operating Regulations are incorporated by reference into this Agreement and will control with respect to any conflict in terms between this Agreement and such Operating Regulations. Sub-merchant will not discriminate against Cards or Issuers (e.g., limited acceptance options) except in full compliance with the Operating Regulations and will comply with all Operating Regulations, applicable laws, and regulations related to its business operations, PCI- DSS obligations, the use of an Association’s marks, and each transaction acquired hereunder. Sub- merchant expressly agrees that it will accept Cards and protect, utilize, or restrict transaction data, including the magnetic stripe and CVV2, in accordance with the terms of this Agreement, applicable law or regulation, and the Operating Regulations and will cooperate with any audit requested by an Association until such audit is completed. In addition to complying with each Association’s obligations or prohibitions related to acceptance, disbursement, or resubmission of a transaction, Sub-merchant may not submit any illegal, fraudulent, or unauthorized transaction and shall only submit transactions for the sale of its own goods or services, and not any other person or company, and may not receive payment on behalf of or, unless authorized by law, redirect payments to any other party. Sub- merchant covenants that it is not a third-party beneficiary under any agreement with an Association, however, an Association may be a third-party beneficiary of this Agreement and shall have the rights, but not any obligation, necessary to fully enforce the terms of this Agreement against the Sub-merchant. B. Sub-merchant will establish and maintain its Bank Account with a financial institution to credit the payments and fees Sub-merchant charges its customers. Sub-merchant authorizes Processor and Member Bank to initiate and make transfers to and from the Bank Account to affect the transactions contemplated by this Agreement (“Payments”). Any deficit in the Bank Account owing shall be paid by Sub -merchant into the Bank Account or directly to Provider to cover any deficit. Sub-merchant agrees to reimburse Provider, on demand, for any losses incurred as a result of insufficient funds in the Bank Account. Sub- merchant and Provider will mutually agree upon the provision of reporting and exchange of data as may be required by Provider to monitor and manage the activity relative to the Bank Account including any transfers to and from the Bank Account. C. Each time Sub-merchant transmits any ACH entry (“Entry”) to Processor or Member Bank, Sub-merchant represents and warrants to Processor and Member Bank that: (1) The Originator has authorized Sub-merchant to transmit Entries to Processor and Member Bank on behalf of Sub-merchant, in a manner that complies with the NACHA Operating Regulations, for processing and transmittal by Processor and Member Bank through the ACH system, which authorization has not been terminated and is in full force and effect, and Sub-merchant has agreed to make payment for any credit Entries originated and for any debit Entries returned by the receiving depository financial institution “ RDFI”; (2) Sub-merchant agrees to be bound by the NACHA Operating Regulations and to not initiate transactions in violation of United States law, and agrees to assume the responsibilities and perform the obligations of an Originator under the NACHA Operating Regulations; (3) Each Receiver of an Entry has authorized, in a manner that complies with the requirements of the Operating Regulations, Sub-merchant, or an agent of Sub-merchant, to initiate the Entry, and no such authorization has been revoked; (4) Sub-merchant has no knowledge of the revocation of the Receiver’s authorization or the termination of the agreement between the RDFI and the Receiver concerning the Entry; and (5) The Entry accurately reflects the entry data furnished to Sub-merchant and does not violate any agreement between Originator and Sub-merchant. D. In the event the Sub-merchant accepts American Express, Sub-merchant agrees: (1) To comply with, and accept Cards in accordance with, the terms of this Agreement and the American Express Merchant Operating Guide, as such terms may be amended from time to time. Ϯ Rev. 04.23 V (2) That the American Express Merchant Operating Guide is incorporated by reference into the Provider Merchant Agreement. (available here: https://icm.aexp- static.com/content/dam/gms/en_us/optblue/us-mog.pdf). Sub-merchant expressly authorizes Payment Facilitator to submit transactions to, and receive settlement from, American Express on behalf of the Sub-merchant. (3) That the American Express disclosures and consents necessary for (i) Provider to collect and disclose Transaction Data, Sub-merchant Data, and other information about the Sub-merchant to American Express; and (ii) American Express to use such information to perform its responsibilities in connection with the electronic payment processing services provided by American Express (“Program”), promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including commercial marketing communication purposes within the parameters of the Program, and important transactional or relationship communications from American Express. (4) To provide a marketing opt-out mechanism for Sub-merchants. Such mechanism should contain a clear disclosure to Sub- merchant that opting-out of marketing messages will not preclude them from receiving important transactional or relationship communications from American Express. (5) It may be converted from the Program to a direct Card acceptance relationship with American Express if and when it becomes a High CV Merchant in accordance with Section 10.5, “High CV Merchant Conversions.” (6) That, upon conversion, (i) the Sub-merchant will be bound by American Express’ then-current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by the Sub- merchant for Card acceptance. (7) It shall not assign to any third party any payments due to it under their respective Provider Merchant Agreement, and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at its Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that the Sub-merchant may sell and assign future Transaction receivables to payment facilitator, its affiliated entities and/ or any other cash advance funding source that partners with payment facilitator or its affiliated entities, without consent of American Express. (8) American Express is an intended third-party beneficiary of the rights, but not obligations, of the Provider Merchant Agreement and that American Express may directly enforce the terms of the Provider Merchant Agreement against the Sub-merchant. (9) Sub-merchant may opt out of accepting Cards at any time without directly or indirectly affecting its rights to accept Other Payment Products. (10) Provider has the right to terminate the Sub-merchant’s right to accept Cards if it breaches any of the provisions in this Section or the American Express Merchant Operating Guide. (11) Provider has the right to immediately terminate a Sub-merchant for cause or fraudulent or other activity, or upon American Express’ request. (12) To maintain refund policies for purchases on the Card that are at least as favorable as its refund policy for purchases on any methods of payment, and the refund policy must be disclosed to Payors at the time of purchase and in compliance with Applicable Law. x NOTE: American Express may use the information obtained in the Sub-merchant application at the time of setup to screen, communicate, and/or monitor Sub-merchant in connection with Card marketing and administrative purposes. 1 Rev. 04.23 APPENDIX A DEFINITIONS As used in this Agreement, the following terms mean as follows: “Application” means the application for the Services, Credit Card Processing Form, or other documentation required by Provider and completed and delivered by Sub-merchant as a prerequisite for participating in the Services. “Applicable Laws” shall mean all applicable state, federal, and local laws, rules and regulations, including without limitation, the Bank Secrecy Act, the implementing regulations issued by the U.S. Treasury’s Office of Foreign Assets Control (OFAC) and the Federal Trade Commission, as well as any and all other federal and state anti- money laundering laws and regulations. “Association Marks” means Card Organization’s trademarks, service marks, or other logos. “Sub-merchant’s Bank” shall mean the bank that provides the Bank Account. “Bank Account” or “Account” shall mean the Sub-merchant’s deposit account (also known as a Demand Deposit Account, DDA or checking account) at a bank or other financial institution and identified in its Application or other documentation provided to Provider to set up the Services. “Cardholder” shall mean any person authorized to use a Card or the accounts established in connection with a Card. “Cards” shall mean MasterCard, VISA, Discover and Other Network cards, account numbers assigned to a Cardholder or other forms of payment accepted by Processor, for which pricing is set forth in the account opening documentation. “Card Organization” means MasterCard, VISA, Discover and Other Network cards, account numbers assigned to a Cardholder or other forms of payment accepted by Processor, for which pricing is set forth in the account opening documentation. “Card Organization Rules” means the rules, regulations, releases, interpretations and other requirements (whether contractual or otherwise) imposed or adopted by any Card Organization and related authorities, including without limitation, those of the PCI Security Standards Council, LLC and the National Automated Clearing House Association. “Charge”” means a payment or purchase made on a Card by a Cardholder. “Force Majeure Event” shall mean errors in data provided by Sub -merchant or others, labor disputes, fire, weather or other casualty, power outages, and funding delays, however caused, governmental orders or regulations, or any other cause, whether similar or dissimilar to the foregoing, beyond Processor's, Member Bank’s, or Provider’s reasonable control. “Gateway Services” means the delivery of payment transaction authorization and settlement data to and from Merchants and transaction processors, and related services provided by Reseller. “Instruction Based Funding” shall mean the process for funding Sub -merchant’s transactions, including the funding rules provided electronically by Provider to Processor that control timing and that instruct Provider how to distribute funds to Sub-merchant, including retention and disbursement of fees if applicable, as set forth in this Agreement and the Application. “Issuer” means any entity, including Visa, Mastercard and American Express, licensed to issue Cards and to engage in the Card issuing business. 2 Rev. 04.23 “Operating Regulations” shall mean the by-laws, operating regulations and/or all other rules, guidelines, policies and procedures of VISA, MasterCard, Discover, and/or Other Networks, and all other applicable rules, regulations and requirements of Processor, Member Bank, Provider, banks, institutions, organizations, associations, or networks which govern or affect any services provided under this Agreement, and all state and federal laws, rules and regulations which govern or otherwise affect the activities of Provider, including, but not limited to, those of the National Automated Clearing House Association (“NACHA”) and the Federal Trade Commission (“FTC”), as any or all of the foregoing may be amended and in effect from time to time. “Originator” means the entity or company that agrees to initiate ACH entries into the payment system according to an arrangement with a Receiver. The Originator is usually a company directing a transfer of funds to or from a consumer or another company’s account. “Other Network” shall mean any funds transfer network, including without limitation the network operated by NACHA, or card association other than VISA, MasterCard, or Discover that is identified in this Agreement or any subsequent amendment to this Agreement and in which Provider participates pursuant to the Processing Agreement. “Payments” shall mean payments initiated by Payors using a Card or by means of ACH transfer. “Payment Facilitator” shall have the meaning given that term in the Operating Regulations. “Receiver” means the intended recipient of an ACH transaction. “Transaction Data” Typical data elements include; merchant identifiers, method of entry, transaction total, card number, card expiry date, card CVV code, billing zip code, currency code, plus a few others. For multi-factor authenticated transactions (i.e. PIN Debit), the consumer’s PIN is passed in a securely encrypted field. For EMV transactions there are additional data elements passed which include a unique identifier for each transaction to validate the card is not counterfeit. “Payment Processing” shall mean the process for funding Sub-merchant’s customer’s sales transactions, as more fully described in Attachment A. “Payor” shall mean any customer of Sub-merchant who authorizes a payment to Sub-merchant, or who authorizes Sub- merchant to initiate a payment to the credit of Sub-merchant’s account, and for purposes hereof, “Payor” shall include a Cardholder. “PSP” shall mean Payment Service Provider, as defined in the Operating Regulations. “Rules Summary” shall mean the Processor’s Bank Card Sub-merchant Rules and Regulations, as amended from time to time, which are at all times consistent with the Operating Regulations. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-901 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir SUBJECT: Change Order #1 to Bid 23-47 Construction Contract with JBZ Inc., dba Ellingson Contracting for Porter Warehouse Stabilization. RECOMMENDATION: Approval of Change Order #1 to Bid 23-47 Construction Contract with JBZ Inc. for Porter Warehouse Stabilization in the amount of $178,526.13. Contingent on approval of 2025 Capital Budget. BACKGROUND: 2019, Revial Architetecture provided a building condition assessment, historical report, and temporary stabilization drawings. 2020, Placed on the Historical Register. 2023 Revival Architectural Contract for Bid Documents and Construction Administration 2024 Resolution 70-24 Authorized a construction contract for the stabilization. DISCUSSION: There was concern of the weight associated with the many number of layers of roofing, and the current metal had signs of leaking. It was determined that with this investment, it was best to replace the roof system with TPO, and R-38 ISO insulation to meet the current code. Research shows that originally, there was a platform for loading rail cars. The new entry platform will mimic that. Rotten decking was replaced, along with additional framing, and added columns @ footings to take some weight off of the exterior walls. BUDGET/STAFF IMPACT: Funding for the Change Order will be from 2024 Sales Tax Capital Improvements 4470.090.8900-5400.00 Porter Warehouse Stabilization Project, contingency funds, and 2025 Sales Tax Capital Improvements. This change is contingent on approval 2025 capital. Budget. ATTACHMENTS: SRF (#3), Prime Change Order #1 - Signed (#4) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-901 Change Order #1 to Bid 23-47 Construction Contract with JBZ Inc., dba Ellingson Contracting for Porter Warehouse Stabilization. A RESOLUTION TO APPROVE CHANGE ORDER #1 TO THE CONTRACT WITH JBZ INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $178,526.13 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, on February 20, 2024, City Council approved Resolution 70-24 authorizing a construction contract with JBZ Inc. d/b/a Ellingson Contracting for the stabilization project; and WHEREAS, Change Order #1 authorizes additional work on the project, including the construction of a new roof, interior framing improvements, roof decking replacement, increased insulation thickness, and new entry deck, stairs, and railing. 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 Change Order #1 to the contract with JBZ Inc. d/b/a Ellingson Contracting in the amount of $178,526.13 for the Porter Warehouse Stabilization Project, contingent upon approval of the 2025 Capital Budget. City of Fayetteville Staff Review Form 2024-901 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Wade Abernathy 11/25/2024 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Approval of Change Order #2 Bid 23-47 Construction Contract with JBZ Inc. dba Ellingson in the amount of $178,526.13 for the stabilization of the Porter warehouse, contingent on approval of 2025 capital budget. Budget Impact: 4470.090.8900-5400.00 Building Grounds and Maintenance Account Number Fund 20001.1 Porter Warehouse Stabilization Project Number Project Title Budgeted Item?Yes Total Amended Budget $985,600.00 Expenses (Actual+Encum)$779,196.00 Available Budget $206,404.00 Does item have a direct cost?Yes Item Cost $178,526.13 Is a Budget Adjustment attached?No Budget Adjustment $- $204.00 Remaining Budget $27,877.87 V20221130 Purchase Order Number:2024-638 Previous Ordinance or Resolution #70-24 Change Order Number:1 Approval Date:2/20/2024 Original Contract Number:2024-14 Comments:Total amended budget amount includes $150,000 in the 2025 budget. Ellingson Contracting PO Box 7202 Siloam Springs, AR 72761 Date:11/25/2024 To:Wade Abernathy City of Fayetteville Re:Porter Warehouse Stabilization 406 W Spring St Fayetteville, AR 72701 Description of Proposed Change: Line Item Breakout Description Material Labor Equipment Sub/Other Total PCO-01 - New Roof 74,508.00$ 74,508.00$ PCO-01 - Framing Improvements 29,750.00$ 29,750.00$ PCO-01 - Roof Decking Replacement 2,536.00$ 2,536.00$ PCO-02 - R-38 Insulation 11,177.95$ 11,177.95$ PCO-05 - Entry Deck 18,344.69$ 18,344.69$ PCO-07 - Columns & Footings 2,425.86$ 2,425.86$ PCO-12 - Extended GCs (2mo)39,783.63$ 39,783.63$ -$ -$ Subtotal -$ -$ -$ 178,526.13$ Previous Contract Value 733,746.00$ Lump Sum Total with Proposed Revisions 912,272.13$ Time Extension Requested:63 Days New Contract Completion Date:2/17/2025 If you have any questions please feel free to contact me. Sincerely, Name Nathan Greathouse Signature Ellingson Contracting Project Manager Date Porter Warehouse | Prime Change Order #1 Acceptance of Change Increase contract value by $178,526.13 for the following additional work: - Provide new roof - Provide interior framing improvements - Provide roof decking replacement - Provide increased insulation thickness to achieve R-38 - Provide new entry deck, stairs, and railing - Provide (2) new columns and footings on West end of building - Extended general conditions for added work (2mo) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-902 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Justin Clay, Parking Manager SUBJECT: A resolution approving a shared parking lease agreement with Central United Methodist Church for operation of the church parking deck as a revenue-producing parking facility. RECOMMENDATION: Staff recommends approval of a shared parking lease agreement with Central United Methodist Church (CUMC) authorizing the City to operate the CUMC parking deck located at 61 W. Lafayette Street as a revenue-producing off-street parking facility. This parking deck contains 214 parking spaces. BACKGROUND: This agreement is the result of ongoing discussions between CUMC representatives and City staff about the prospect of City management of the CUMC parking deck located at 61 W. Lafayette Street. This agreement would authorize the City to institute a managed paid parking program and would allow for CUMC to generate revenue from their parking facility and for the City to share in the revenue. Currently, the parking deck is unregulated and open to the public throughout the week and is available only for church patrons on Sundays. DISCUSSION: The terms of this agreement authorize the City to operate and manage the CUMC parking deck Monday through Saturday for both transient (hourly or daily) and permit (monthly) parking using its existing parking management system. Parking revenue generated from hourly/daily and permit parking fees will be split 50/50 between the City and CUMC. The City will retain 100% of revenue for any citations issued. The City will be responsible for any and all parking equipment, systems, and associated signage. CUMC will be responsible for maintenance of the facility, any signage indicating when parking is available for church use only, and enforcement during Sundays and any other times when the facility is reserved for church use only. Staff feels that this shared parking agreement serves the public interest as it creates a managed parking environment consistent with other City-managed parking facilities within the Entertainment District. Parking regulations and a consistent enforcement presence, coupled with nearby transit service, will make the CUMC deck an attractive option, particularly for daily parking and for monthly permit parking for tenants of nearby multi-housing units. BUDGET/STAFF IMPACT: Staff anticipates minimal staff impact as this location is within our existing parking district. The budget impact will be positive since no parking revenue is currently generated from the facility. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: SRF (#3) , Limited License Agreement 2 (#4), CUMC Deck Mapped Location (#5) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-902 A resolution approving a shared parking lease agreement with Central United Methodist Church for operation of the church parking deck as a revenue-producing parking facility. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LIMITED LICENSE AGREEMENT WITH CENTRAL UNITED METHODIST CHURCH FOR OPERATION OF THE CHURCH PARKING DECK AS A REVENUE-PRODUCING PARKING FACILITY WHEREAS, Central United Methodist Church (CUMC) and City staff have discussed the prospect of City management of the CUMC parking deck located at 61 W. Lafayette Street that contains 214 parking spaces; and WHEREAS, this agreement would authorize the City to institute a managed paid parking program that would allow for CUMC to generate revenue from its parking facility and for the City to share in the revenue; and WHEREAS, currently, the parking deck is unregulated and open to the public throughout the week and is available only for church patrons on Sundays; and WHEREAS, the terms of this agreement authorize the City to operate and manage the CUMC parking deck Monday through Saturday for both transient (hourly or daily) and permit (monthly) parking using its existing parking management system; and WHEREAS, parking revenue generated from parking fees will be split evenly between the City and CUMC, while the City will retain 100% of revenue from any citations issued; and WHEREAS, the City will be responsible for any and all parking equipment, systems, and associated signage; and WHEREAS, CUMC will be responsible for maintenance of the facility, any signage indicating when parking is available for church use only, and enforcement during Sundays and any other times when the facility is reserved for church use only. 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 limited license agreement with Central United Methodist Church for operation of the church parking deck as a revenue-producing parking facility. Resolution: File Number: 2024-902 Page 2 Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2024-902 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SHARED PARKING LEASE AGREEMENT WITH CENTRAL UNITED METHODIST CHURCH FOR OPERATION OF THE CHURCH PARKING DECK AS A REVENUE-PRODUCING PARKING FACILITY N/A for Non-Agenda Item Action Recommendation: Submitted By Justin Clay PARKING MANAGEMENT (430) Division / Department 11/26/2024 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-903 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Yolanda Fields, Comm. Resources Dir./Equity Off. FROM: Justine Lentz, Animal Services Superintendent SUBJECT: Approval of a resolution to approve a budget adjust for Animal Services RECOMMENDATION: Staff recommends approval of a budget adjustment to recognize and allocate the Animal Services donation revenue from January 1 through November 21, 2024, in the amount of $41,174.00. BACKGROUND: Animal Services would like to recognize donation revenue from citizens and businesses made from January through November 21, 2024. These funds are donated by our generous community to benefit the animals cared for by the Animal Services department of the city of Fayetteville. We appreciate their support. DISCUSSION: n/a BUDGET/STAFF IMPACT: Recognize and allocate animal services donations in the amount of $41,174.00 ATTACHMENTS: SRF (#3), BA (#4), City Council Memo - Animal Services Donation (#5) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-903 Approval of a resolution to approve a budget adjust for Animal Services A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $41,174.00 REPRESENTING DONATION REVENUE TO THE ANIMAL SERVICES DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $41,174.00 representing donation revenue to the Animal Services Division from January 1, 2024 through November 21, 2024. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations. City of Fayetteville Staff Review Form Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Brianna Curry 11/21/2024 ANIMAL SERVICES (671) Submitted By Submitted Date Division / Department Action Recommendation: Approve a budget adjustment in the amount of $41,174.00, representing donation revenue to Animal Services received from January 1 to November 21, 2024. Budget Impact: see attached detail General Fund Account Number Fund 33048-1 Animal Services Donations Project Number Project Title Budgeted Item?Yes Total Amended Budget $130,131.00 Expenses (Actual+Encum)$23,233.00 Available Budget $106,898.00 Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?Yes Budget Adjustment $41,174.00 $11.00 Remaining Budget $148,072.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 ANIMAL SERVICES (671) Adjustment Number 2024 Requestor:Brianna Curry BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Recognizing and allocating donation revenue from citizens and businesses to Fayetteville Animal Services from January 1, 2024 to November 21, 2024 in the amount of $41, 174.00. COUNCIL DATE:12/17/2024 ITEM ID#:2024-903 Holly Black 11/25/2024 11:32 AM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241029TOTAL41,174 41,174 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.671.2740-4809.00 -41,174 RE Donations 1010.671.2740-5200.03 10,000 -33048 1 EX Supplies - Veterinary 1010.671.2740-5205.00 5,000 -33048 1 EX Dog Food And Supplies 1010.671.2740-5203.00 3,000 -33048 1 EX Cleaning Supplies 1010.671.2740-5210.00 5,000 -33048 1 EX Minor Equipment 1010.671.2740-5315.00 5,000 -33048 1 EX Contract Services 1010.671.2740-5342.01 7,000 -33048 1 EX Promotionals - Special projects 1010.671.2740-5400.00 6,174 -33048 1 EX Building & Grounds - Maintenance -- -- -- -- -- -- -- -- -- -- 1 of 1 MEETING OF DECEMBER 17, 2024 Mayor and City Council Yolanda Fields, Director of Community Resources Brianna Curry, Animal Services Tech. November 21, 2024 Staff recommends approval of a budget adjustment to recognize and allocate the Animal Services donation revenue from January 1 through November 21, 2024, in the amount of $41,174.00. Animal Services would like to recognize donation revenue from citizens and businesses made from January through November 21, 2024. These funds are donated by our generous community to benefit the animals cared for by the Animal Services department of the city of Fayetteville. We appreciate their support. n/a Recognize and allocate animal services donations in the amount of $41,174.00 Budget Adjustment Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-934 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Peter Nierengarten, Environmental Director SUBJECT: Waste Transfer and Disposal Services RECOMMENDATION: Staff recommends the approval of a 3-year contract with EcoVista, LLC for hauling and disposal of municipal solid waste. BACKGROUND: The City of Fayetteville Recycling and Trash Collections Division collects all residential and commercial trash for City of Fayetteville residents and businesses and delivers that trash to the City’s Transfer Station at 1560 S. Happy Hollow Rd. Additionally, private waste haulers as well as city and county residents pay to disposal of trash at the City’s Transfer Station. Since 2009, the City has had a contract with Waste Management for the hauling and disposal of all trash at the City’s Transfer Station to the EcoVista Landfill in Tontitown. That contract expires on December 31, 2024. DISCUSSION: In May 2024, the City issued RFP 24-09 for Waste Transfer and Disposal Service from the City’s Transfer Station to a properly permitted disposal location. Two responses were received in June and a selection committee chose EcoVista, LLC (formerly Waste Management) as the most qualified bidder. The contract requires that all solid waste delivered to the City’s Transfer Station be removed and disposed of by EcoVista, LLC by the end of each day. All loads will be covered and contained to prevent leakage and blowing of waste and shall be disposed into a permitted disposal site. The base rate for hauling and disposal of waste will be $52.22 per ton. Additionally, the contract contains terms to adjust that base rate monthly according to the wholesale cost of diesel fuel, quarterly based on the average weight of trailers leaving the City transfer Station and annually based on the Consumer Price Index (CPI). The new contract term is for three years with options for four successive three-year renewals. BUDGET/STAFF IMPACT: Funds for hauling and disposal services are budgeted in the Recycling and Trash Collections Fund. ATTACHMENTS: SRF (#3) , Eco-Vista, LLC. Contract (OLD VERSION) (#4), RFP 24-09, Submittal - Waste Management of Arkansas Inc. (#5), Secretary of State - EcoVista - Waste Management (#6), Appendix A - RFP 24-09 (#7), Appendix B - Waste Management Contract - Fayetteville Fuel surcharge Calculator (#8), Appendix C - Waste Management Exceptions to RFP (#9), Eco-Vista, LLC. Replacement Contract (#10) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-934 Waste Transfer and Disposal Services A RESOLUTION TO APPROVE AN AGREEMENT WITH ECO-VISTA, LLC FOR THE HAULING AND DISPOSAL OF SOLID WASTE IN THE CITY OF FAYETTEVILLE FOR A PERIOD OF 3 YEARS WITH AUTOMATIC RENEWALS FOR FOUR ADDITIONAL 3 YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement with Eco-Vista, LLC, a copy of which is attached to this Resolution, for the hauling and disposal of solid waste in the City of Fayetteville for a period of 3 years with automatic renewals for four additional 3 year terms. Comments:Total Amended Budget amount is the proposed 2025 budgeted amount. The Item Cost amount is left blank due to the fact that the amount will vary depending on tonnage. Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Budget Impact: Recycling and Trash Collections5500.750.XXXX-5316.00 City of Fayetteville Staff Review Form 2024-934 12/17/2024 Staff recommends the approval of a 3-year contract with EcoVista, LLC for hauling and disposal of municipal solid waste. N/A for Non-Agenda Item Action Recommendation: Peter Nierengarten RECYCLING/TRASH COLLECTION (750) Division / Department 11/27/2024 Submitted Date No 3,495,403.00$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 3,495,403.00$ -$ Yes No -$ 3,495,403.00$ RFP 24-09 Addendum 2 Waste Management of Arkansas Inc Supplier Response Event Information Number:RFP 24-09 Addendum 2 Title:Waste Transfer and Disposal Services Type:Request for Proposal Issue Date:5/12/2024 Deadline:6/11/2024 02:00 PM (CT) Notes:The City of Fayetteville, Arkansas, is now accepting proposals from properly licensed professionals for the daily transport and disposal of all solid waste received at the Fayetteville Solid Waste Transfer Station. Any questions regarding this solicitation process shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. Contact Information Contact:Amanda Beilfuss Address:Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email:abeilfuss@fayetteville-ar.gov Vendor: Waste Management of Arkansas Inc RFP 24-09 Addendum 2Page 1 of 2 pages Waste Management of Arkansas Inc Information Address:1041 Arbor Acres Ave Springdale, AR 72762 Phone:(479) 213-3650 Email:jvernon@wm.com By submitting your response, you certify that you are authorized to represent and bind your company. Jamie Vernon jvernon@wm.com Signature Email Submitted at 6/11/2024 09:01:31 AM (CT) Requested Attachments RFP 24-09, Waste Transfer and Disposal Services Fayetteville AR RFP 24-09 Waste Transfer and Disposal Services Response 06112024.pdf Please attach the signed and completed RFP form, located in the 'Attachments' tab, along with proposal. Bid Attributes 1 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this solicitation, if applicable. I agree Vendor: Waste Management of Arkansas Inc RFP 24-09 Addendum 2Page 2 of 2 pages RFP: 24-09 Proposal for Waste Transfer and Disposal Services City of Fayetteville Arkansas Response Deadline 6/11/2024 2PM Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Submitted by Waste Management of Arkansas, Inc. 88 Joyce Lane Russellville, AR 72801 Jamie Vernon Public Sector Manager - Arkansas jvernon@wm.com T: 479.213.3650 88 Joyce Ln Russellville AR 72802 1 RFP: 24-09 Proposal for Waste Transfer and Disposal Services City of Fayetteville Arkansas Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Dear Mayor and Council Members: The team at WM of Arkansas and Mr. Built Inc. is pleased t o present the attached proposal for providing Transfer and Disposal services to the City of Fayetteville. Our bid is subject to finalizing a contract with mutually acceptable terms. Our customers are not just clients but also our neighbors, colleagues, family, and friends. The schools, businesses, hospitals, police departments, governments, and civic organizations we serve are essential parts of our community. As a result, we are committed to contributing to the improvement of these communities. In recent years, WM Landfills have improved on-site operations and simplified processes to ensure the safe transportation and disposal of non-hazardous municipal solid waste for the residents of Fayetteville. The WM Eco Vista landfill is fully compliant with environmental regulations and has not received any notice of violations from state, federal, or local agencies in the past decade. WM takes pride in offering local control with national resources, enabling us to make decisions at the local level, catering to the specific needs of each community, addressing local environmental concerns, and upholding corporate citizenship. By creating local jobs and supporting local charities, schools, and service organizations, we contribute to the local economy. We have supported the city through challenging times, whether stemming from economic, environmental, or governmental regulations, and we are committed to providing the same seamless waste disposal and transportation services to the city in the future. WM has not only achieved national recognition but has also set the industry standard in safety, environmental responsibility, and service performance, surpassing all competitors. We are eager to continue serving the city of Fayetteville and working towards a more sustainable future, leveraging our proven track record to inspire confidence and trust in our services. Respectfully, Jamie Vernon Public Sector Manager - Arkansas jvernon@wm.com 2 TDD (Telecommu City of Fayetteville, Arkansas Purchasing Division – Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 nication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 24‐09, Waste Transfer and Disposal Services DEADLINE: Thursday, June 6, 2024 before 2:00 PM, local time PRE‐PROPOSAL CONFERENCE: Wednesday, May 22, 2024 at 3:00 PM, in person at the RTC Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701 SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville‐ar.gov DATE OF ISSUE AND ADVERTISEMENT: 05/12/2024 REQUEST FOR PROPOSAL RFP 24‐09, Waste Transfer and Disposal Services No late proposals shall be accepted. RFP’s shall be submitted through the City’s third‐ party electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division at the below location. City of Fayetteville Purchasing Division – Room 306 113 West Mountain Street Fayetteville, AR 72701 All proposals 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. 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 Director. City of Fayetteville, AR RFP 24‐09, Waste Transfer and Disposal Services 3 City of Fayetteville RFP 24‐09, Waste Transfer and Disposal Services Advertisement City of Fayetteville, AR Request for Proposal RFP 24‐09, Waste Transfer and Disposal Services The City of Fayetteville, Arkansas, is now accepting proposals from properly licensed professionals for the daily transport and disposal of all solid waste received at the Fayetteville Solid Waste Transfer Station. Any questions regarding this RFP shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville‐ar.gov or (479) 575‐8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division’s electronic bidding platform at www.fayetteville‐ar.gov/bids. All proposals shall be received by Thursday, June 6, 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated. No late proposals shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposer’s technical equipment. A non‐mandatory pre‐proposal conference will be held Wednesday, May 22, 2024 at 3:00 PM in the Conference Room at the Recycling Trash Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701. Information regarding the pre‐proposal conference is available on the project page on the City’s electronic bidding platform. All interested parties are strongly encouraged to attend. A one hundred percent (100%) performance bond is required with the contract award. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Proposers shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. 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: 05/12/2024 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $204.10 4 City of Fayetteville RFP 24‐09, Waste Transfer and Disposal Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost‐effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer’s experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty‐five (25) pages; single sided, standard, readable, print on standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the twenty‐five‐page limitation: appendix, cover sheet, 3‐page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. i. Submitting and responding to this RFP: Proposals shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents physically submitted should be typewritten on standard 8 ½” x 11” white papers and bound in one volume. Exceptions would be schematics, exhibits, one‐page resumes, and City required forms. Limit proposal to twenty‐five (25) pages or less, excluding one‐page team resumes, references, and forms required by the City for completion. All proposals shall be sealed upon delivery to the City of Fayetteville. 1. Option 1 –Electronic Submittal (strongly encouraged): Proposers can go to www.fayetteville‐ ar.gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. 2. Option 2 – Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or electronic media shall not be restricted against saving or printing. Electronic copies shall not be submitted via e‐mail to City employees by the Proposer and shall be provided to the City in a sealed manner. FedEx, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailing package. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer’s will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. 5 g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non‐negotiable. Proposer’s desire to take exception to a non‐negotiable term will not disqualify it from consideration for award. j. 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 or electronic clock located in the City’s third‐party bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e‐mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer’s names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right to the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest‐ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to 6 thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee’s discretion. 8. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled “Limited Authority of City Employee to Provide Services to the City”. b. The Proposer shall promptly notify 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. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575‐ 8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all constitutional, 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. 12. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 7 13. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: “Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.” 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor’s records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25‐19‐ 101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 18. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker’s Compensation, and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable, throughout project completion. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer’s acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. 8 b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. 22. NON‐EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City’s best interest. In the case of multiple‐ phase contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’s staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non‐action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer’s RFP response and presented in the form of an addendum to the original RFP documents. 9 27. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to 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 provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. f. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to 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 proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFP’s content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way 10 affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville RFP 24‐09, Waste Transfer and Disposal Services SECTION B: Scope of Services and General Information 11 1. INTRODUCTION: The City of Fayetteville (City) has one facility that contains both the Fayetteville Transfer Station and the Fayetteville Recycling Center (Fayetteville Transfer Station/Recycling Center), located at 1560 S. Happy Hollow Rd. The Transfer portion of this facility utilizes loose‐fill technology and is capable of satisfying the present and future solid waste disposal needs of the City of Fayetteville. Design is expandable to allow the Fayetteville Transfer Station to serve Washington County as necessary. During the term of this contract, the City shall deliver all of the municipal, residential, and commercial solid waste streams collected by the City to the City of Fayetteville’s Transfer Station. Current annual tonnage hauled from the Transfer Station is approximately 80,000. The City of Fayetteville’s Transfer Station is currently permitted to allow up to 100,000 tons per year. The average outbound tonnage is 21 tons per truck and is normally between 10‐16 truckloads per day. 2. SCOPE OF WORK: a. The awarded Proposer (Contractor) shall be responsible for the performance of all services reasonably necessary to provide for the proper disposal of all residential and commercial waste generated within the City of Fayetteville. Proposer shall provide a narrative describing the proposed operations plan for ensuring that Proposer has the resources and equipment necessary to provide timely, efficient, and cost‐ effective disposal of the City’s solid waste. b. The Contractor shall perform the following under this contract: i. All solid waste received at the Fayetteville Transfer Station shall be transported to a permitted and approved disposal site. ii. All solid waste shall be removed from the Transfer Station by the end of each day (Monday through Saturday), including all holidays except New Year’s Day, Thanksgiving Day, and Christmas Day. The first transport truck shall be at the City’s Transfer Station by 5:30 AM and the last truck leaves approximately between 2:00 PM – 3:00 PM (M‐F) and by 11:00 AM on Saturdays. iii. The City of Fayetteville, as the Transfer Station Operator, will be responsible for loading transport trailers with solid waste (payload weights no greater than that required to reach gross vehicle weight limitation set by law). However, in the interest of efficiency, the City is responsible for loading solid waste in such a way that a standard trailer with a capacity of 115 cubic yards will contain a minimum of 20 tons of solid waste. iv. Transporting of all solid waste shall be contained, tied, or enclosed, so that leaking, spilling, or blowing of waste is prevented. v. Proposer shall provide detailed inventory of assets illustrating that there is an adequate number of vehicles, trailers, and backup equipment, maintained in good physical condition. Information on all proposed labor, supervisors, maintenance, fuel, and necessary supplies to ensure the daily systematic and satisfactory performance of all services specified in this scope of work shall also be provided. 3. PROPOSAL REQUIREMENTS: In addition to submitting the completed and signed RFP form, Proposers shall also include the following with Proposal: a. An itemized list of Proposer’s equipment available for use on this Contract, or an itemized list of proposed equipment with proof of financial strength to procure proposed equipment upon Contract award. Contractor shall provide trucks, trailers, and any necessary equipment to dump at landfill or disposal site. b. A copy of most recent, certified financial statement of Proposer, (or its parent corporation if individual subsidiary or division financial statements are not prepared and/or available) certified by a certified public accountant (CPA) firm. c. Evidence, in form and substance satisfactory to the City of Fayetteville, that Proposer (or Proposer’s subsidiary or affiliate) has been in business at least five (5) years and possesses not less than three (3) years actual operating experience in solid waste transport and/or disposal handling no less than 50,000 tons per year. d. Name and location of landfill or disposal site, including evidence, in form and substance satisfactory to the City of Fayetteville, that the landfill or disposal site shall have a life in excess of the Contract length and that proposed disposal site meets the requirements of EPA subtitle D, when applicable, and documentation from disposal site owner that any further district, state, and federal requirements will be met through the duration of the Contract. If disposal site other than a landfill is proposed, a copy of disposal site’s permit for operation shall be included with Proposal. e. A copy of the Proposer’s Environmental Policy Statement as well as any records of past environmental issues. f. A letter from a corporate surety satisfactory to the City stating that the Performance Bond(s) will be furnished by it to the person submitting the proposal in the event it is the successful proposer. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of the power of attorney attached thereto. The Contractor responsible for the transportation and disposal of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of the Contract. This surety bond shall be in the amount of one hundred percent (100%) of the total negotiated price approved by Fayetteville City Council for the first year of the contract. Contractor will have ten (10) business days from Contract approval by Fayetteville City Council to provide the bond. A one hundred (100%) surety bond will be required annually with contract renewal at the estimated tonnage of the 80,000 tons. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an “A” rated bonding company. 4. PRICING a. Proposals shall include all‐inclusive pricing for the hauling and disposal of all solid waste received at the Fayetteville Transfer Station at a properly licensed and permitted disposal facility and for the daily transport of all solid waste received at the Fayetteville Transfer Station. The price and rates proposed shall remain firm for the first two (2) years of the contract. If there are any price increases/changes during the remainder of the Contract, this information shall be included in the Proposal as well. 5. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for approval by the City of Fayetteville City Council. If negotiations with the highest‐ranking Proposer fail, negotiations may be initiated with the next highest‐ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. 6. CONTRACT TERMS: The City of Fayetteville intends to enter a three (3) year contract with the awarded Proposer with the option to renew for four (4) additional three (3) year terms. 7. PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 ½” x 11” white pages and bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville’s ability to accurately evaluate the proposal. Limit proposal to twenty‐five (25) pages or less, excluding one‐page team resumes, references, and forms required by the City for completion. 8. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request that the top‐ ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the consultant, partners, and project team. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 30% Proposed Method of Doing Work: A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. 4) 10% Past Performance: Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom the City can contact for information. 5) 20% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized. City of Fayetteville RFP 24‐09, Waste Transfer and Disposal Services SECTION C: Proposer References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Waste Management of Arkansas, Inc. NUMBER OF YEARS IN BUSINESS: Since 1983 HOW LONG IN PRESENT LOCATION: Over 40 years TOTAL NUMBER OF CURRENT EMPLOYEES: 100+ FULL TIME PART TIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 15+ FULL TIME PART TIME 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. City of Dardanelle 2. City of Siloam Springs COMPANY NAME COMPANY NAME Dardanelle AR Siloam Springs, AR 72761 CITY, STATE, ZIP CITY, STATE, ZIP Jimmy Witt, Mayor Steve Gorsczvzk, Public Works Director CONTACT PERSON CONTACT PERSON 479-477-0401 479-238-0921 TELEPHONE TELEPHONE n/a n/a FAX NUMBER FAX NUMBER Jwitt.mayor@dardanelle.com water@siloamsprings.com E‐MAIL ADDRESS E‐MAIL ADDRESS 3. Boston Mountain Solid Waste District 4. Marck Recycling and Waste COMPANY NAME COMPANY NAME Prairie Grove, AR 72753 Rogers, AR 72756 CITY, STATE, ZIP CITY, STATE, ZIP Robin Reed, Director Wes Dougherty CONTACT PERSON CONTACT PERSON 479-846-3005 479-831-8940 TELEPHONE TELEPHONE n/a 479-831-8940 FAX NUMBER FAX NUMBER reed@bmswd.com wdougherty@marck.net E‐MAIL ADDRESS E‐MAIL ADDRESS City of Fayetteville RFP 24‐09, Waste Transfer and Disposal Services SECTION D: Signature Submittal 1. DISCLOSURE INFORMATION a. 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. i. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: x 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): b. I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non‐Discrimination requirements and conditions of employment. c. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. d. 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. e. 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. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e‐mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Waste Management of Arkansas, Inc. Primary Contact: James Vernon Title of Primary Contact: Public Sector Manager Phone#1 (cell preferred): 479-213-3650 E‐Mail Address: jvernon@wm.com 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 RFP 24-09 Addendum 1 , James Vernon 5/31/2024 RFP 24-09 Addendum 2 (Waste Transfer and Disposal Services) , James Vernon 6/04/2024 4. DEBARMENT CERTIFICATION: a. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. b. 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. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 5. SIGNATURE SUBMITTAL: NAME OF COMPANY: Waste Management of Arkansas, Inc. PHYSICAL ADDRESS: 1041 Arbor Acres Avenue, Springdale, AR 72762 MAILING ADDRESS: Same TAX ID #: 04-2814811 AR. SECRETARY OF STATE FILING #: 100067636 PHONE: 479-213-3650 FAX: E‐MAIL: jvernon@wm.com By submitting your response, you certify that you are authorized to represent and bind your company : SIGNATURE: PRINTED NAME: James Vernon TITLE: Public Sector Manager DATE: 5/30/2024 END OF RFP DOCUMENT ‐ ‐ Unit Shop Description License Year Make Model Serial #Activity Cost Code Util Base Last Reading Meter Date 1830 210 2016 Kenworth T880 P862327 2016 KNWRT T-880 1X5KZD49X0GJ470525 FAIRING ONLY 20 ODOMETER 607200 4/16/2024 1903 210 2016 Kenworth T880 P898726 2016 KNWRT T-880 1X5KZD49X5GJ470598 FAIRING ONLY 20 ODOMETER 414436 4/16/2024 1927 210 2017 Kenworth T880 P904785 2017 KNWRT T-880 1X5KZD49X4HJ126682 FAIRING ONLY 20 ODOMETER 400169 4/16/2024 2601 210 2020 Kenworth T880 P1056099 2020 KNWRT T-880 1X5KZD49X8LJ306644 FAIRING ONLY 20 ODOMETER 134883 5/27/2024 2603 210 2020 Kenworth T880 P1056101 2020 KNWRT T-880 1X5KZD49X1HJ306646 FAIRING ONLY 20 ODOMETER 256952 5/8/2024 2655 210 2021 Freightliner P1086688 2021 FRGHT CASCADIA 3AKJHTFM7MSMV3395 FAIRING ONLY 20 ODOMETER 274734 3/18/2024 2671 210 2022 Freightliner P1114660 2022 FRGHT CASCADIA 3AKJHTFM2NDNH3445 FAIRING ONLY 20 ODOMETER 152179 5/23/2024 2667 210 2022 Freightliner P1120793 2022 FRGHT CASCADIA 3AKJHTFM8NDNH3465 FAIRING ONLY 20 ODOMETER 150996 5/27/2024 2688 210 2022 Freightliner P1120794 2022 FRGHT CASCADIA 3AKJHTFM3NDNH3468 FAIRING ONLY 20 ODOMETER 191238 4/11/2024 2806 210 2023 Freightliner P1180866 2023 FRGHT CASCADIA 3AKJHTFM4PSNW7374 FAIRING ONLY 20 ODOMETER 80012 5/24/2024 2844 210 2024 Freightliner P1196700 2024 FRGHT CASCADIA 3AKJHTFM3RDUZ3128 FAIRING ONLY 20 ODOMETER 79344 5/27/2024 3095 210 2012 Phelps Tipping 2012 PHELPS L39FBS63 12-3736-D-01 LF TIPPER 23 HOUR 560 5/13/2024 3273 210 1967 Alllis Chalmers 1967 ALLCH ACC30LPS AMD101653 FORKLIFT 29 3328 210 2017 Toyota Forklift 2017 TOYOT 8FGU25 82883 FORKLIFT 29 HOUR 1922 4/30/2024 336 210 2000 Kenworth T800B P902977 2000 KNWRT T-880 1NKDLU9X8YR835835 WETKIT/FAIR 20 ODOMETER 313006 4/23/2024 3460 210 2009 Volvo L150F 2009 VOLVO L150F L150FV14527 LOADING 22 HOUR 22348 4/2/2024 3720 210 2015 Dodge 3500 136621F 2015 DODGE 3500 3C7WRSAL5FG545753 SRV TRK 24 ODOMETER 255100 5/27/2024 4000 210 2021 Dodge 1500 3246504B 2021 DODGE 1500 3C6JR6DG3MG692879 STD PICKUP 24 ODOMETER 56900 5/27/2024 T1210 210 2006 Titan Tipper 584674ST 2006 TITAN TIP48F2AXL 2K9TP1L246H035373 TIPP 21 DAYS 0 4/8/2024 T1860 210 2009 Titan Tipper 586608ST 2009 TITAN TIP48F2AXL 2TVTP1L2990000005 TIPP 21 DAYS 0 4/8/2024 T1922 210 2007 Titan Tipper 360143ST 2007 TITAN TIP48F2AXL 2TVTP1L2270000294 TIPP 21 DAYS 0 4/8/2024 T2446 210 2006 Titan Tipper 445906ST 2006 TITAN TIP48F2AXL 2TVTP1L2960000565 TIPP 21 DAYS 0 3/15/2024 T2463 210 2006 Titan Tipper 445957ST 2006 TITAN TIP48F2AXL 2TVTP1L2960000582 TIPP 21 DAYS 0 3/15/2024 T3342 210 2015 Titan Tipper 540427ST 2015 TITAN TIP48F2AXL 2TVTP4827FD000493 TIPP 21 DAYS 0 3/18/2024 T3423 210 2015 Titan Tipper 554316St 2015 TITAN TIP48F2AXL 2TVTP4821FD000781 TIPP 21 DAYS 0 4/3/2024 T3602 210 2016 Titan Tipper 575077ST 2016 TITAN TIP48F2AXL 2TVTP4828GD000536 TIPP 21 DAYS 0 4/16/2024 T4041 210 2019 Titan Tipper 694378ST 2019 TITAN TIP48F2AXL 2TVTP4826KD000706 TIPP 21 DAYS 0 4/3/2024 T4312 210 2009 Wabash Van 711578ST 2009 WABSH VAN53F2A 1JJV532W59L317866 VAN 21 DAYS 0 3/14/2024 T4313 210 2009 Wabash Van 711577ST 2009 WABSH VAN53F2A 1JJV532W69L318203 VAN 21 DAYS 0 4/8/2024 T867 210 2004 Titan Tipper 238642ST 2004 TITAN TIP48F2AXL 2K9TIF1L284H035020 TIPP 21 DAYS 0 4/16/2024 T994 210 2005 Titan Tipper 261936ST 2005 TITAN TIP48F2AXL 2K9TIF1L285H035049 TIPP 21 DAYS 0 4/16/2024 REPORT TOTALS: 31 0 0 TOTAL NUMBER OF UNITS: TOTAL RPT ONLY UNITS: TOTAL MISC. UNITS: Unit Inventory Report Mr. Bults Inc. Full financial results are available on our website at investors.wm.com. • • • City of Fayetteville Account History - Tons Received at Eco Vista Year Annual Tons 2009 12793.29 2010 50728.74 2011 54668.1 2012 58910.91 2013 62252.11 2014 60837.31 2015 72826.39 2016 76166.64 2017 76052.36 2018 79453.49 2019 82447.59 2020 81101.1 2021 77137.28 2022 77676.64 2023 46013.73 • • • • • • ‐ • $52.22 T&D* - $14.67 Transport and $38.55 Disposal (23 ton minimum) • $55.22 T&D* - $16.77 Transport and $38.55 Disposal (20 Ton Minimum) (*Pricing is subject to 20 or 23 ton minimum and a per load fuel surcharge-See exceptions.) • $42.00 Disposal Only- this requires a 2-ton minimum. • $20.00 per cubic yard – Disposal Only of C&D Recycled Materials: Monthly reporting available of recycled or repurposed materials. • • • • ◼ ◼ ◼ ◼ ▪ ▪ ▪ ▪ Bachelors: Environmental Sciences and Chemistry • • • • • • • • • • • Project Management: Provide oversight, guidance, and development of project worksheets for clients to ensure the correct documentation of projects is provided to FEMA. • Facilitated procurement processes to secure contracts for disaster recovery relief services and/or federal grants management. June 6, 2024 WM’s proposal in response to the City’s RFP is conditioned on the following exceptions: 1. These exceptions are part of WM’s bid proposal package and are intended to become part of the final negotiated contract between the parties and/or these exceptions should be included in the services agreement and contract documents (hereinafter the “Contract”) referenced in Section 25 of the General Terms and Conditions (hereinafter the “Terms”) on page 9 of the RFP. 2. WM takes exception to certain language in Section 1 2 of the Terms on page 6 of the RFP that states the bidder agrees to make the proposed prices for this RFP available to all government entities. WM objects to this stipulation and requires individual governmental entities to bid separately for disposal services because service routes and equipment may be unique. 3. WM wishes to clarify certain language in Section 14(a) of Terms on page 7 of the RFP concerning the right to audit WM’s records. WM will maintain accurate records whereby the City may inspect any books, records and/or accounts, which shall be limited to information concerning WM’s bonds, insurance, services provided, and rates charged per the final contract. Beyond that, WM takes exception. The City shall not have the right to audit WM’s records or books to determine profits or gener al administrative and overhead expenses. Additionally, WM requires prior reasonable written notice to audit such records at WM’s corporate headquarters in Houston, TX. 4. WM agrees to defend and indemnify the City against damages, claims, costs, and lawsuits to the extent arising out of WM’s negligent acts or omissions and willful misconduct or its violation of any applicable law. WM takes exception to the indemnification language in Section 15 of the Terms on page 7 of the RFP, which is overbroad and would make WM responsible for potential claims or damages it did not cause. WM reserves the right to negotiate mutually agreeable language regarding its indemnification obligations. 5. WM has sufficient insurance to meet the City’s insurance policy limit requiremen ts in Section 18 of the Terms on page 7 of the RFP; however, WM takes exception certain language in Section 18 regarding the City’s additional insured status on grounds that additional insured status is not allowed on WM’s workers’ compensation nor its employer’s liability policies. 6. WM takes exception to the language in Section 20(a) of the Terms on page 8 of the RFP that allows the City to terminate the Contract without cause on 30 days’ notice. WM is committing equipment and labor to provide its services and cannot agree to a termination without cause provision. Furthermore, WM requires the right to cure any alleged failures or deficiencies within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. 7. WM objects to the language in Section 20(b) of the Terms on page 8 of the RFP pertaining to the City’s right to immediately cancel the Contract in the event of an alleged breach of contract. WM requires the right to cure any alleged failures, deficiencies or breaches within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. 8. Regarding the language in Section 20(c) of the Terms on page 8 of the RFP pertaining to the City’s right to cancel the Contact and obtain services from another source, WM requires that if its services are not satisfactory or are determined to be inconsist ent with the Contract or the City’s order that the City provide WM with written notice of the failure or alleged inconsistency and allow WM at least 30 days from receipt of such notice to cure the failure(s) or refute the inconsistency before the City has the right to terminate the Contract. Such notice to WM should normally be made close in time to the service date in question. 9. WM’s proposal is based on being exclusively awarded all the transportation and disposal services encompassed within the RFP and included in WM’s proposal. WM takes exception to the language in Section 22 of the Terms on page 8 of the RFP that allows the City to concurrently contract with other companies for similar work if the City deems such action to be in the Cit’s best interest. 10. WM wishes to clarify the language in Section 24 of the Terms on page 9 of the RFP regarding the right of the City to request additional services under this RFP. WM requires that any such additional services shall be mutually agreed upon by WM and memorialized in a written amendment to the Contract that is been executed by both parties. To the extent otherwise, WM takes exception. 11. WM objects to the language in Section 4 of the Scope of Services and General Information (hereinafter the “Scope”) on page 12 of the RFP requiring WM’s rates to remain firm for the first two years of the Contract. WM requires a base rate for its services as set forth in the proposal, which the rate can be kept firm for only the first two years of the Contract. Thereafter, the base rate shall be adjusted annually based on the average monthly increase during the applicable 12-month period in the Consumer Price Index for Water, Sewer, and Trash. This methodology will be used annually during the initial and any renewal terms. The following is a representation of the annual rate adjustments calculation: Annual Adjustments. The parties agree that beginning on XXX and on each XXXX thereafter, the Base Rates will be adjusted by the percentage increase equal to the annual percentage change in the average Consumer Price Index, US City Average for All Urban Consumers, Water, Sewer Trash, Not Seasonally Adjusted, (published by the United States Bureau of Labor Statistics, Consumer Price Index (the “CPI”) over the 12 most recently published months compared to the average CPI for the previous 12 -month period. The CPI published on the first Monday prior to the end of the month (or the first business day thereafter if such Monday is a Federal Holiday) shall be used to determine the monthly change. The annual percentage change shall be calculated by subtracting the average CPI value for the previous 12-months from the average CPI value for the most recent 12-month period, the result of which shall be divided by the prior 12-month period average. An example of the CPI annual increase calculation follows: January 2020 through December 2020 compared to January 2021 to December 2021 Index 2020 12-Month Average 2021 12- Month Average Change Applied Percentage Change CPI – Water, Sewer, Trash 252.46 261.47 9.01 3.6% (9.01/252.46) The calculated change shall be carried to three places to the right of the decimal and rounded to the nearest thousandths. The percentage adjustment will be applied to the then current rates for services, as adjusted hereunder. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. 12. WM takes exception to the language in Section 6 of the Scope on page 13 of the RFP that says the City has the option to renew or extend the Contract. WM requires that any renewal options must be mutually agreed to by both parties in writing. 13. WM requires the final contract between the parties to include language that accurately reflects the scope of services and rights and obligations agreed to by the parties, as well as, necessary definitions, including but not limited to, the following: a. WM requires a definition for “Disposal Facility” to mean the landfill known as the Eco -Vista Landfill, located at 2210 WM Drive, Springdale, AR 72762, which is which is utilized, owned, and operated by WM and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. b.WM requires a definition for “Transfer Station” to mean the Fayetteville Solid Waste Transfer Station, located at 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701, which is utilized, owned and operated by the City and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. c. WM requires a definition for “Solid Waste” or “Waste” to mean all non-hazardous Garbage, Rubbish, Yard Waste and/or C&D that can legally be received at the Transfer Station and Disposal Facility. The term “Solid Waste” or “Waste” specifically excludes Unacceptable Waste. d.WM requires a definition for “Acceptable Waste” to mean Waste that may be legally received and accepted at the Transfer Station and the Disposal Facility. Acceptable Waste shall not include any Hazardous Waste, toxic wastes, Special Waste that has not been profiled and pre -approved in by WM in writing, as defined below and by Federal, State or local law or regulations, or any other waste, which is not acceptable under Federal, State or local law, regulations, or permit at the Transfer Station or Disposal Facility. e. WM requires a definition “Garbage” to mean Waste consisting of putrescible or animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other food products, and all dead animals of less than ten pounds (10 lbs) in weight, except those slaughtered for human consumption. f. WM requires a definition of “Yard Waste” to mean any vegetative matter resulting from private landscaping or regular yard maintenance, including, but not limited to, tree limbs, branches, yard debris, bagged grass clippings and bagged leaves, excluding items over six (6) feet long and four (4) inches in diameter. g. WM requires a definition of “Rubbish” to mean nonputrescible Solid Waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics or similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, a nd similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). h.WM requires a definition of “Medical Waste” to mean Waste generated by health care related facilities and associated with health care activities, not including Garbage or Rubbish generated from offices, kitchens, or other non-health-care activities. The term includes Special Waste from health care- related facilities which is comprised of animal waste, bulk blood and blood pr oducts, microbiological waste, pathological waste, and sharps as those terms are defined in in Ark. Code Ann. §20-32-101 (relating to Definitions). i. WM requires a definition for “Construction and Demolition Debris” or “C&D” to mean materials resulting from construction, remodeling, repair, or demolition operations. Such materials include, but are not limited to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and packaging. With the exception of soil, concrete and asphalt, Construction and Demolition Debris does not include Unacceptable Waste. j. WM requires a definition for “Special Waste” to mean waste materials that require special handling and management due to the nature of the waste, including, but not limited to, the following: (i.) containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (ii.) waste transported in bulk tanker, (iii.) liquid waste, (iv.) sludge waste, (v.) waste from an industrial process, (vi.) waste from a pollution control process, (vii.) residue and debris from the cleanup of a spill or release of chemical(s), or (viii.) any other waste defined by applicable law, rule or regulation as "Special Waste." k.WM requires a definition for “Unacceptable Waste” to mean any waste or material that (i) the acceptance and handling of which by WM would cause a violation of any permit, condition, legal or regulatory requirement, (ii) can cause substantial damage to WM’s equipment or facilities, (iii) presents a danger to the health or safety of the public or WM’s employees, (iv) is or contai ns Hazardous Waste, industrial waste, liquid waste, Special Waste that has not been profiled and pre -approved by WM, untreated Medical Waste, dead animals weighing ten pounds (10 lbs.) or greater, (v) is or contains solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, or (vi) results from activities associated with the exploration, development, or production of oil or gas or geothermal resources, (vii) is or contains fuels, (viii) is or contains motor oil or paint, (ix) is or contains televisions, (x) is or contains batteries, (xi) is or contains florescent light bulbs, (xii) is or contains white goods (household appliances), (xiii) is or contains treated/de-characterized wastes, (xiv) is or contains any waste tires, (xivi) is or contains sludge, (xivii) is or contains waste or materials that may adversely affect the operations of the disposal facility or transfer station regardless if such waste or materials could be legally received, and/or (xiviii) is or contains other solid or liquid waste specifically prohibited for disposal at the Disposal Facility or Transfer Station by Arkansas Department of Environmental Quality (ADEQ) or any other regulatory agency having jurisdiction over such landfill, in accordance with applicable law. Title to and liability for Unacceptable Waste shall remain with the generator all times. WM has no obligation to accept, transport, process or dispose of any Unacceptable Waste. l. If the City tenders Unacceptable Waste in breach of the final negotiated contract between the parties, WM may in its sole discretion either remove, manage, handle, store, treat, and/or dispose of that Unacceptable Waste and charge the City for the costs, expenses, damages, fines, and penalties arising out of such activities or require the City to promptly remove, manage, handle, or dispose of the Unacceptable Waste from the Disposal Facility at the City’s sole cost. The City shall pay or reimburse WM for any and all costs, damages and/or fines incurred as a result of or relating to the City’s tender or delivery of Unacceptable Waste, including costs of inspection, testing, analysis, legal fees, professional consulting fees, or removal costs. m. A force majeure” clause providing that neither party shall be in default for its failure to perform or suspend performance, in whole or in part, due to events or threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, fires, floods, tornadoes, hurricanes, ice storms, acts of war or terrorism, riots, epidemics, pandemics, imposition of new or modified domestic or foreign laws, governmental orders, acts of God, and the inability to obtain labor, materials or equipment due to the foregoing circumstances. The affected party shall be excused from performance during the occurrence of such events. n.If the City fails to timely pay WM’s invoices, WM shall have the right to assess a late fee or late charge to the extent allowed by law. WM also shall have, upon providing written notice to City, the right to suspend its services if payment is more than 60 days’ past due. o.WM is entitled to an increase in its rates to offset changes in conditions that WM does not control, but which increase WM’s costs, such as changes in or new governmental laws, ordinances, rules, regulations or the enforcement thereof, changes in landfill disposal rates, and other conditions that increase WM’s costs. WM agrees to give the City thirty (30) days' written notice of such increase, and to provide documentation substantiating such increase. p.WM requires the City to pay a Quarterly True Up payment to WM if the City is performing the loading of Solid Waste at the Transfer Station. If the City does not achieve a twenty (20) or twenty-three (23) tons per load quarterly average(City selects 20 or 23 ton price structure), then the City shall pay to WM the difference for any short falls as set forth per the following example below (“Quarterl y True Up”). q. WM requires the City to pay a fuel surcharge in addition to the base rates for transportation, disposal and any Quarterly True Up payment. The City shall pay a fuel surcharge as follows (“Fuel Surcharge”): In the event that the price of fuel deviates from the threshold price per gallon, a mileage ba sed fuel surcharge (or discount) shall be applied on a per haul basis. The surcharge will increase or decrease by one cent ($.01) per mile for every 5 -cent increase or decrease in the price of diesel fuel above or below the threshold price of $3.00 per gallon, as determined by the corresponding per mile surcharge shown in the table below. Calculations shall be made the first week of each month based upon the United States Energy Information Administration’s (EIA) U.S. On -Highway Diesel Fuel Price Index for PADD 2 (Midwest) price as reported on their website at http://www.eia.gov/petroleum/gasdiesel/ or phone no. (202) 586 -6966, will be used as typically announced each Monday, or on Tuesday when Monday is a federal holiday*. Quarterly True up Example: Fayetteville to ECO at 23 tpl Minimum TPL: 23 Rate Per Ton: $14.67 Quarterly Total Tons: 1,000 Quarterly Total Loads: 45 Quarterly Average TPL (Total Tons/Total Loads): 22.22 Missed Average TPL (Minimum TPL-Quarterly Average TPL): 0.78 Missed Tons (Quarterly Total Loads x Missed Average TPL): 35 WM Pays MBI For Minimum Charges (Missed Tons x Rate Per Ton): $513.45 r. Definitions of terms and other language that accurately reflects the scope of services and the parties agreed upon obligations and rights. WM’s prices and submission in response to this RFP is conditioned upon the parties’ entry into a contract that is appropriate for the services being requested and that contains mutually acceptable terms to both parties. Neither WM nor the City has any obligation to sign a final contract without negotiation of the terms and each party’s agreement to the final language. WM looks forward to working with City to reach mutually agreeable contract terms. Details For service of process contact the Secretary of State's office. LLC Member information is now confidential per Act 865 of 2007 For access to our corporations bulk data download service click here. • Corporation Name ECO-VISTA, LLC • Fictitious Names WASTE MANAGEMENT - TONTITOWN LANDFILL • Filing # 100186302 • Filing Type Limited Liability Company • Filed Under Act Domestic LLC; 1003 of 1993 • Status Good Standing • Principal Address • Reg. Agent C T CORPORATION SYSTEM • Agent Address 320 S. IZARD STREET LITTLE ROCK, AR 72201 • Date Filed 06/13/2000 • Officers WASTE MANAGEMENT OF ARKANSAS, INC., Manager MARK A. LOCKETT, Tax Preparer SEE FILE, Incorporator/Organizer • Foreign Name Document about:srcdoc 1 of 2 11/27/2024, 11:44 AM • Foreign Address • State of Origin Purchase a Certificate of Good Standing for this Entity Pay Franchise Tax for this corporation Document about:srcdoc 2 of 2 11/27/2024, 11:44 AM City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 1 of 18 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 Wednesday, May 22, 2024 at 3:00 PM, in person at the RTC Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701 Amanda Beilfuss, abeilfuss@fayetteville-ar.gov 05/12/2024 RFP’s shall be submitted through the City’s third-party electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division at the below location. City of Fayetteville Purchasing Division – Room 306 113 West Mountain Street Fayetteville, AR 72701 All proposals 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. 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 Director. RFP (REQUEST FOR PROPOSAL) APPENDIX A City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 2 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services Advertisement The City of Fayetteville, Arkansas, is now accepting proposals from properly licensed professionals for the daily transport and disposal of all solid waste received at the Fayetteville Solid Waste Transfer Station. Any questions regarding this RFP shall be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220. Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division’s electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by , utilizing the electronic bidding software or by submitting a sealed physical proposal to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated. No late proposals shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be responsible for lost or misdirected proposals, or for failure of proposer’s technical equipment. A non-mandatory pre-proposal conference will be held in the Conference Room at the Recycling Trash Division, 1560 S. Happy Hollow Rd., Fayetteville, AR 72701. Information regarding the pre-proposal conference is available on the project page on the City’s electronic bidding platform. All interested parties are strongly encouraged to attend. A one hundred percent (100%) performance bond is required with the contract award. All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Proposers shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to this invitation shall constitute an agreement of the interested party to these conditions. 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: 05/12/2024 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $204.10 City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 3 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION A: General Terms & Conditions SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner.The term Proposer shall be in reference to a firm or individual responding to this solicitation. b. A description of the Proposer’s experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print on standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the twenty-five-page limitation: appendix, cover sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. i. Submitting and responding to this RFP: Proposals shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents physically submitted should be typewritten on standard 8 ½” x 11” white papers and bound in one volume. Exceptions would be schematics, exhibits, one-page resumes, and City required forms. Limit proposal to twenty-five (25) pages or less, excluding one-page team resumes, references, and forms required by the City for completion. All proposals shall be sealed upon delivery to the City of Fayetteville. 1. Option 1 –Electronic Submittal (): Proposers can go to www.fayetteville-ar.gov/bids and follow the prompts to submit a proposal within the electronic bidding platform. If a proposal is submitted electronically, a physical submission is not necessary. All Proposers must register in order to be able to submit. There is no fee for registration. 2. Option 2 – Physical Submittal: All Proposers shall submit one (1) original copy of their proposal as well as one (1) electronic copy on a properly labeled USB or other electronic media device. The electronic copy submitted shall be contained into one single electronic file and shall be identical to the hard copies provided. The use of Adobe PDF documents is strongly recommended. Files contained on an USB or electronic media shall not be restricted against saving or printing. Electronic copies shall not be submitted via e-mail to City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 4 of 18 City employees by the Proposer and shall be provided to the City in a sealed manner. FedEx, UPS, USPS, or other packages should be clearly marked with the RFP number on the outside of the mailing package. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer’s will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. h. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. j. 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 or electronic clock located in the City’s third-party bidding software. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer’s names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for any items. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right to the following: City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 5 of 18 a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee’s discretion. CONFLICT OF INTEREST: a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled “Limited Authority of City Employee to Provide Services to the City”. b. The Proposer shall promptly notify 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 City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 6 of 18 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. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers refer to their submission status in the online bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all constitutional, 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. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: “Proposer certifies that their proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.” City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 7 of 18 RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor’s records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19- 101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 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. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 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), no later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker’s Compensation, and General Automotive, if applicable. SUCH CERTIFICATE SHALL LIST THE CITY OF FAYETTEVILLE AS AN ADDITIONAL INSURED. LISTING THE CITY OF FAYETTEVILLE AS A CERTIFICATE HOLDER ONLY IS NOT AN ACCEPTABLE SUBSTITUTE. CERTIFICATE OF INSURANCE MUST INCLUDE THE ENDORSEMENT SHOWING THE CITY OF FAYETTEVILLE LISTED AS AN ADDITIONAL INSURED. Insurance shall remain valid, when applicable, throughout project completion. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 8 of 18 penalty for untimely payments. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the Contractor 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. 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 City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 9 of 18 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. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer’s RFP response and presented in the form of an addendum to the original RFP documents. OTHER GENERAL CONDITIONS: a. Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. b. The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. c. This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 10 of 18 f. 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 proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. h. Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a RFP’s content or to exclude any relevant or essential data. i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 11 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION B: Scope of Services and General Information INTRODUCTION: The City of Fayetteville (City) has one facility that contains both the Fayetteville Transfer Station and the Fayetteville Recycling Center (Fayetteville Transfer Station/Recycling Center), located at 1560 S. Happy Hollow Rd. The Transfer portion of this facility utilizes loose-fill technology and is capable of satisfying the present and future solid waste disposal needs of the City of Fayetteville. Design is expandable to allow the Fayetteville Transfer Station to serve Washington County as necessary. During the term of this contract, the City shall deliver all of the municipal, residential, and commercial solid waste streams collected by the City to the City of Fayetteville’s Transfer Station. Current annual tonnage hauled from the Transfer Station is approximately 80,000. The City of Fayetteville’s Transfer Station is currently permitted to allow up to 100,000 tons per year. The average outbound tonnage is 21 tons per truck and is normally between 10-16 truckloads per day. SCOPE OF WORK: a. The awarded Proposer (Contractor) shall be responsible for the performance of all services reasonably necessary to provide for the proper disposal of all residential and commercial waste generated within the City of Fayetteville. Proposer shall provide a narrative describing the proposed operations plan for ensuring that Proposer has the resources and equipment necessary to provide timely, efficient, and cost- effective disposal of the City’s solid waste. b. The Contractor shall perform the following under this contract: i. All solid waste received at the Fayetteville Transfer Station shall be transported to a permitted and approved disposal site. ii. All solid waste shall be removed from the Transfer Station by the end of each day (Monday through Saturday), including all holidays except New Year’s Day, Thanksgiving Day, and Christmas Day. The first transport truck shall be at the City’s Transfer Station by 5:30 AM and the last truck leaves approximately between 2:00 PM – 3:00 PM (M-F) and by 11:00 AM on Saturdays. iii. The City of Fayetteville, as the Transfer Station Operator, will be responsible for loading transport trailers with solid waste (payload weights no greater than that required to reach gross vehicle weight limitation set by law). However, in the interest of efficiency, the City is responsible for loading solid waste in such a way that a standard trailer with a capacity of 115 cubic yards will contain a minimum of 20 tons of solid waste. iv. Transporting of all solid waste shall be contained, tied, or enclosed, so that leaking, spilling, or blowing of waste is prevented. v. Proposer shall provide detailed inventory of assets illustrating that there is an adequate number of vehicles, trailers, and backup equipment, maintained in good physical condition. Information on all proposed labor, supervisors, maintenance, fuel, and necessary supplies to ensure the daily systematic and satisfactory performance of all services specified in this scope of work shall also be provided. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 12 of 18 PROPOSAL REQUIREMENTS: In addition to submitting the completed and signed RFP form, Proposers shall also include the following with Proposal: a. An itemized list of Proposer’s equipment available for use on this Contract, or an itemized list of proposed equipment with proof of financial strength to procure proposed equipment upon Contract award. Contractor shall provide trucks, trailers, and any necessary equipment to dump at landfill or disposal site. b. A copy of most recent, certified financial statement of Proposer, (or its parent corporation if individual subsidiary or division financial statements are not prepared and/or available) certified by a certified public accountant (CPA) firm. c. Evidence, in form and substance satisfactory to the City of Fayetteville, that Proposer (or Proposer’s subsidiary or affiliate) has been in business at least five (5) years and possesses not less than three (3) years actual operating experience in solid waste transport and/or disposal handling no less than 50,000 tons per year. d. Name and location of landfill or disposal site, including evidence, in form and substance satisfactory to the City of Fayetteville, that the landfill or disposal site shall have a life in excess of the Contract length and that proposed disposal site meets the requirements of EPA subtitle D, when applicable, and documentation from disposal site owner that any further district, state, and federal requirements will be met through the duration of the Contract. If disposal site other than a landfill is proposed, a copy of disposal site’s permit for operation shall be included with Proposal. e. A copy of the Proposer’s Environmental Policy Statement as well as any records of past environmental issues. f. A letter from a corporate surety satisfactory to the City stating that the Performance Bond(s) will be furnished by it to the person submitting the proposal in the event it is the successful proposer. Such letter is to be signed by an authorized representative of the surety together with a certified and effectively dated copy of the power of attorney attached thereto. The Contractor responsible for the transportation and disposal of solid waste received at the Fayetteville Transfer Station will be required to furnish a corporate surety bond as security for the performance of the Contract. This surety bond shall be in the amount of one hundred percent (100%) of the total negotiated price approved by Fayetteville City Council for the first year of the contract. Contractor will have ten (10) business days from Contract approval by Fayetteville City Council to provide the bond. A one hundred (100%) surety bond will be required annually with contract renewal at the estimated tonnage of the 80,000 tons. The premium for the bond(s) described above shall be paid by the Contractor. A certificate from the surety showing that the bond premium(s) is/are paid in full shall accompany the bond. The surety on the bond shall be from corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an “A” rated bonding company. PRICING a. Proposals shall include all-inclusive pricing for the hauling and disposal of all solid waste received at the Fayetteville Transfer Station at a properly licensed and permitted disposal facility and for the daily transport of all solid waste received at the Fayetteville Transfer Station. The price and rates proposed shall City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 13 of 18 remain firm for the first two (2) years of the contract. If there are any price increases/changes during the remainder of the Contract, this information shall be included in the Proposal as well. CONTRACT FORMATION: If the negotiation produces mutual agreement, a contract will be considered for approval by the City of Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be initiated with the next highest-ranking Proposer until an agreement is reached. The City reserves the right to reject all offers and end the process without executing a contract. CONTRACT TERMS: The City of Fayetteville intends to enter a three (3) year contract with the awarded Proposer with the option to renew for four (4) additional three (3) year terms. PROPOSAL CONTENT: Proposals shall be prepared simply and economically, providing a straightforward, concise description its ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material are not required. Emphasis should be on completeness and clarity of content. All documents should be typewritten on standard 8 ½” x 11” white pages and bound in one volume. Exceptions would be schematics, exhibits, or other information necessary to facilitate the City of Fayetteville’s ability to accurately evaluate the proposal. Limit proposal to twenty-five (25) pages or less, excluding one-page team resumes, references, and forms required by the City for completion. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection committee. Following the evaluation of the proposals, the Selection Committee may request that the top- ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. 1) 20% Information reflecting qualifications of the consultant, partners, and project team. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 20% Information reflecting the names, titles, and qualifications (including experience and technical competence) of the major personnel assigned to this specific project. 3) 30% A proposed work plan (description of how the project would be conducted as well as other facts concerning approach to scope) indicating methods and schedules for accomplishing scope of work. Include with this the amount of work presently underway. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 14 of 18 4) 10% Previous evaluations shall be considered a significant factor. If previous evaluations with the City are not available, the professional firm's past performance records with City and others will be used, including quality of work, timely performance, diligence, and any other pertinent information. Firm will provide a list of similar jobs performed and person whom the City can contact for information. 5) 20% Complete costs and fees as described in this RFP and for delivery of the proposal including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP response and be itemized. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 15 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION C: Proposer 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: _________________ FULL TIME _______________ PART TIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: ____________ FULL TIME ______________ PART TIME PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (All fields must be completed): ___________________________________________ . __________________________________________ COMPANY NAME COMPANY NAME _____________________________________________ __________________________________________ CITY, STATE, ZIP CITY, STATE, ZIP _____________________________________________ _____________________________________________ CONTACT PERSON CONTACT PERSON _____________________________________________ _____________________________________________ TELEPHONE TELEPHONE _____________________________________________ _____________________________________________ FAX NUMBER FAX NUMBER _____________________________________________ _____________________________________________ E-MAIL ADDRESS E-MAIL ADDRESS ___________________________________________ __________________________________________ COMPANY NAME COMPANY NAME _____________________________________________ __________________________________________ CITY, STATE, ZIP CITY, STATE, ZIP _____________________________________________ _____________________________________________ CONTACT PERSON CONTACT PERSON _____________________________________________ _____________________________________________ TELEPHONE TELEPHONE _____________________________________________ _____________________________________________ FAX NUMBER FAX NUMBER _____________________________________________ _____________________________________________ E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 16 of 18 City of Fayetteville RFP 24-09, Waste Transfer and Disposal Services SECTION D: Signature Submittal a. 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. i. 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. ___________1) NO KNOWN RELATIONSHIP EXISTS ___________2) RELATIONSHIP EXISTS (Please explain): __________________________________ _______________________________________________________________________________ _______________________________________________________________________________ b. I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non-Discrimination requirements and conditions of employment. c. Proposer agrees that they shall have a current, valid registration with the Arkansas Secretary of State at time of RFP deadline OR be able to provide proof of registration before recommendation of award to Fayetteville City Council. d. 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. e. 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. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 17 of 18 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. Corporate Name of Firm: ___________________________________________________________________ Primary Contact: _____________________________ Title of Primary Contact: ________________________ Phone#1 (cell preferred): _____________________________Phone#2: _____________________________ E-Mail Address: __________________________________________________________________________ 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. : a. As an interested party on this project, you are required to provide debarment/suspension certification indicating compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. b. 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. c. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR RFP 24-09, Waste Transfer and Disposal Services Page 18 of 18 NAME OF COMPANY: ___________________________________________________________________ PHYSICAL ADDRESS: ____________________________________________________________________ MAILING ADDRESS: _____________________________________________________________________ TAX ID #: __________________________ AR. SECRETARY OF STATE FILING #: ______________________ PHONE: _______________________________________ FAX: ___________________________________ E-MAIL: _______________________________________________________________________________ SIGNATURE: ___________________________________________________________________________ PRINTED NAME: ________________________________________________________________________ TITLE: ______________________________________ DATE: ____________________________________ $ 3.50 Destination ECO VISTA Average Fuel Price based on: Round Trip Miles 44 EIA Padd 2 Middwest Surcharge/Mile Surcharge/Load $ 2.1501 to $ 2.20 (0.26)$ (11.44)$ $ 2.2001 to $ 2.25 (0.25)$ (11.00)$ $ 2.2501 to $ 2.30 (0.24)$ (10.56)$ $ 2.3001 to $ 2.35 (0.23)$ (10.12)$ $ 2.3501 to $ 2.40 (0.22)$ (9.68)$ $ 2.4001 to $ 2.45 (0.21)$ (9.24)$ $ 2.4501 to $ 2.50 (0.20)$ (8.80)$ $ 2.5001 to $ 2.55 (0.19)$ (8.36)$ $ 2.5501 to $ 2.60 (0.18)$ (7.92)$ $ 2.6001 to $ 2.65 (0.17)$ (7.48)$ $ 2.6501 to $ 2.70 (0.16)$ (7.04)$ $ 2.7001 to $ 2.75 (0.15)$ (6.60)$ $ 2.7501 to $ 2.80 (0.14)$ (6.16)$ $ 2.8001 to $ 2.85 (0.13)$ (5.72)$ $ 2.8501 to $ 2.90 (0.12)$ (5.28)$ $ 2.9001 to $ 2.95 (0.11)$ (4.84)$ $ 3.00 to $ 3.0499 (0.10)$ (4.40)$ $ 3.05 to $ 3.0999 (0.09)$ (3.96)$ $ 3.10 to $ 3.1499 (0.08)$ (3.52)$ $ 3.15 to $ 3.1999 (0.07)$ (3.08)$ $ 3.20 to $ 3.2499 (0.06)$ (2.64)$ $ 3.25 to $ 3.2999 (0.05)$ (2.20)$ $ 3.30 to $ 3.3499 (0.04)$ (1.76)$ $ 3.35 to $ 3.3999 (0.03)$ (1.32)$ $ 3.40 to $ 3.4499 (0.02)$ (0.88)$ $ 3.45 to $ 3.4999 (0.01)$ (0.44)$ $ 3.50 to $ 3.5499 ‐$ ‐$ $ 3.55 to $ 3.5999 0.01$ 0.44$ $ 3.60 to $ 3.6499 0.02$ 0.88$ $ 3.65 to $ 3.6999 0.03$ 1.32$ $ 3.70 to $ 3.7499 0.04$ 1.76$ $ 3.75 to $ 3.7999 0.05$ 2.20$ $ 3.80 to $ 3.8499 0.06$ 2.64$ $ 3.85 to $ 3.8999 0.07$ 3.08$ $ 3.90 to $ 3.9499 0.08$ 3.52$ $ 3.95 to $ 3.9999 0.09$ 3.96$ $ 4.00 to $ 4.0499 0.10$ 4.40$ $ 4.05 to $ 4.0999 0.11$ 4.84$ $ 4.10 to $ 4.1499 0.12$ 5.28$ $ 4.15 to $ 4.1999 0.13$ 5.72$ APPENDIX B: Fuel Surcharge Calculator Fuel Base $ 4.20 to $ 4.2499 0.14$ 6.16$ $ 4.25 to $ 4.2999 0.15$ 6.60$ $ 4.30 to $ 4.3499 0.16$ 7.04$ $ 4.35 to $ 4.3999 0.17$ 7.48$ $ 4.40 to $ 4.4499 0.18$ 7.92$ $ 4.45 to $ 4.4999 0.19$ 8.36$ $ 4.50 to $ 4.5499 0.20$ 8.80$ $ 4.55 to $ 4.5999 0.21$ 9.24$ $ 4.60 to $ 4.6499 0.22$ 9.68$ $ 4.65 to $ 4.6999 0.23$ 10.12$ $ 4.70 to $ 4.7499 0.24$ 10.56$ $ 4.75 to $ 4.7999 0.25$ 11.00$ $ 4.80 to $ 4.8499 0.26$ 11.44$ $ 4.85 to $ 4.8999 0.27$ 11.88$ $ 4.90 to $ 4.9499 0.28$ 12.32$ $ 4.95 to $ 4.9999 0.29$ 12.76$ $ 5.00 to $ 5.0499 0.30$ 13.20$ $ 5.05 to $ 5.0999 0.31$ 13.64$ $ 5.10 to $ 5.1499 0.32$ 14.08$ $ 5.15 to $ 5.1999 0.33$ 14.52$ $ 5.20 to $ 5.2499 0.34$ 14.96$ $ 5.25 to $ 5.2999 0.35$ 15.40$ $ 5.30 to $ 5.3499 0.36$ 15.84$ $ 5.35 to $ 5.3999 0.37$ 16.28$ $ 5.40 to $ 5.4499 0.38$ 16.72$ $ 5.45 to $ 5.4999 0.39$ 17.16$ $ 5.50 to $ 5.5499 0.40$ 17.60$ $ 5.55 to $ 5.5999 0.41$ 18.04$ $ 5.60 to $ 5.6499 0.42$ 18.48$ $ 5.65 to $ 5.6999 0.43$ 18.92$ $ 5.70 to $ 5.7499 0.44$ 19.36$ $ 5.75 to $ 5.7999 0.45$ 19.80$ $ 5.80 to $ 5.8499 0.46$ 20.24$ $ 5.85 to $ 5.8999 0.47$ 20.68$ $ 5.90 to $ 5.9499 0.48$ 21.12$ $ 5.95 to $ 5.9999 0.49$ 21.56$ $ 6.00 to $ 6.0499 0.50$ 22.00$ $ 6.05 to $ 6.0999 0.51$ 22.44$ $ 6.10 to $ 6.1499 0.52$ 22.88$ $ 6.15 to $ 6.1999 0.53$ 23.32$ $ 6.20 to $ 6.2499 0.54$ 23.76$ $ 6.25 to $ 6.2999 0.55$ 24.20$ $ 6.30 to $ 6.3499 0.56$ 24.64$ $ 6.35 to $ 6.3999 0.57$ 25.08$ $ 6.40 to $ 6.4499 0.58$ 25.52$ $ 6.45 to $ 6.4999 0.59$ 25.96$ $ 6.50 to $ 6.5499 0.60$ 26.40$ $ 6.55 to $ 6.5999 0.61$ 26.84$ $ 6.60 to $ 6.6499 0.62$ 27.28$ June 6, 2024 WM’s proposal in response to the City’s RFP is conditioned on the following exceptions: 1.These exceptions are part of WM’s bid proposal package and are intended to become part of the final negotiated contract between the parties and/or these exceptions should be included in the services agreement and contract documents (hereinafter the “Contract”) referenced in Section 25 of the General Terms and Conditions (hereinafter the “Terms”) on page 9 of the RFP. 2.WM takes exception to certain language in Section 1 2 of the Terms on page 6 of the RFP that states the bidder agrees to make the proposed prices for this RFP available to all government entities. WM objects to this stipulation and requires individual governmental entities to bid separately for disposal services because service routes and equipment may be unique. 3.WM wishes to clarify certain language in Section 14(a) of Terms on page 7 of the RFP concerning the right to audit WM’s records. WM will maintain accurate records whereby the City may inspect any books, records and/or accounts, which shall be limited to information concerning WM’s bonds, insurance, services provided, and rates charged per the final contract. Beyond that, WM takes exception. The City shall not have the right to audit WM’s records or books to determine profits or gener al administrative and overhead expenses. Additionally, WM requires prior reasonable written notice to audit such records at WM’s corporate headquarters in Houston, TX. 4.WM agrees to defend and indemnify the City against damages, claims, costs, and lawsuits to the extent arising out of WM’s negligent acts or omissions and willful misconduct or its violation of any applicable law. WM takes exception to the indemnification language in Section 15 of the Terms on page 7 of the RFP, which is overbroad and would make WM responsible for potential claims or damages it did not cause. WM reserves the right to negotiate mutually agreeable language regarding its indemnification obligations. 5.WM has sufficient insurance to meet the City’s insurance policy limit requiremen ts in Section 18 of the Terms on page 7 of the RFP; however, WM takes exception certain language in Section 18 regarding the City’s additional insured status on grounds that additional insured status is not allowed on WM’s workers’ compensation nor its employer’s liability policies. 6.WM takes exception to the language in Section 20(a) of the Terms on page 8 of the RFP that allows the City to terminate the Contract without cause on 30 days’ notice. WM is committing equipment and labor to provide its services and cannot agree to a termination without cause provision. Furthermore, WM requires the right to cure any alleged failures or deficiencies within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. 7.WM objects to the language in Section 20(b) of the Terms on page 8 of the RFP pertaining to the City’s right to immediately cancel the Contract in the event of an alleged breach of contract. WM requires the right to cure any alleged failures, deficiencies or breaches within 30 days after receipt of notice from the City before the City can terminate the Contract for cause. WM takes exception to the language that allows the City to immediately terminate the Contract for cause without a right for WM to cure. 8.Regarding the language in Section 20(c) of the Terms on page 8 of the RFP pertaining to the City’s right to cancel the Contact and obtain services from another source, WM requires that if its services are not satisfactory or are determined to be inconsist ent with the Contract or the City’s order that the City provide WM with written notice of the failure or alleged inconsistency and allow WM at least 30 days APPENDIX C from receipt of such notice to cure the failure(s) or refute the inconsistency before the City has the right to terminate the Contract. Such notice to WM should normally be made close in time to the service date in question. 9. WM’s proposal is based on being exclusively awarded all the transportation and disposal services encompassed within the RFP and included in WM’s proposal. WM takes exception to the language in Section 22 of the Terms on page 8 of the RFP that allows the City to concurrently contract with other companies for similar work if the City deems such action to be in the Cit’s best interest. 10. WM wishes to clarify the language in Section 24 of the Terms on page 9 of the RFP regarding the right of the City to request additional services under this RFP. WM requires that any such additional services shall be mutually agreed upon by WM and memorialized in a written amendment to the Contract that is been executed by both parties. To the extent otherwise, WM takes exception. 11. WM objects to the language in Section 4 of the Scope of Services and General Information (hereinafter the “Scope”) on page 12 of the RFP requiring WM’s rates to remain firm for the first two years of the Contract. WM requires a base rate for its services as set forth in the proposal, which the rate can be kept firm for only the first two years of the Contract. Thereafter, the base rate shall be adjusted annually based on the average monthly increase during the applicable 12-month period in the Consumer Price Index for Water, Sewer, and Trash. This methodology will be used annually during the initial and any renewal terms. The following is a representation of the annual rate adjustments calculation: Annual Adjustments. The parties agree that beginning on XXX and on each XXXX thereafter, the Base Rates will be adjusted by the percentage increase equal to the annual percentage change in the average Consumer Price Index, US City Average for All Urban Consumers, Water, Sewer Trash, Not Seasonally Adjusted, (published by the United States Bureau of Labor Statistics, Consumer Price Index (the “CPI”) over the 12 most recently published months compared to the average CPI for the previous 12 -month period. The CPI published on the first Monday prior to the end of the month (or the first business day thereafter if such Monday is a Federal Holiday) shall be used to determine the monthly change. The annual percentage change shall be calculated by subtracting the average CPI value for the previous 12-months from the average CPI value for the most recent 12-month period, the result of which shall be divided by the prior 12-month period average. An example of the CPI annual increase calculation follows: January 2020 through December 2020 compared to January 2021 to December 2021 Index 2020 12-Month Average 2021 12- Month Average Change Applied Percentage Change CPI – Water, Sewer, Trash 252.46 261.47 9.01 3.6% (9.01/252.46) The calculated change shall be carried to three places to the right of the decimal and rounded to the nearest thousandths. The percentage adjustment will be applied to the then current rates for services, as adjusted hereunder. In the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. 12. WM takes exception to the language in Section 6 of the Scope on page 13 of the RFP that says the City has the option to renew or extend the Contract. WM requires that any renewal options must be mutually agreed to by both parties in writing. 13. WM requires the final contract between the parties to include language that accurately reflects the scope of services and rights and obligations agreed to by the parties, as well as, necessary definitions, including but not limited to, the following: a. WM requires a definition for “Disposal Facility” to mean the landfill known as the Eco -Vista Landfill, located at 2210 WM Drive, Springdale, AR 72762, which is which is utilized, owned, and operated by WM and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. b.WM requires a definition for “Transfer Station” to mean the Fayetteville Solid Waste Transfer Station, located at 1560 S. Happy Hollow Road, Fayetteville, Arkansas 72701, which is utilized, owned and operated by the City and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. c. WM requires a definition for “Solid Waste” or “Waste” to mean all non-hazardous Garbage, Rubbish, Yard Waste and/or C&D that can legally be received at the Transfer Station and Disposal Facility. The term “Solid Waste” or “Waste” specifically excludes Unacceptable Waste. d.WM requires a definition for “Acceptable Waste” to mean Waste that may be legally received and accepted at the Transfer Station and the Disposal Facility. Acceptable Waste shall not include any Hazardous Waste, toxic wastes, Special Waste that has not been profiled and pre -approved in by WM in writing, as defined below and by Federal, State or local law or regulations, or any other waste, which is not acceptable under Federal, State or local law, regulations, or permit at the Transfer Station or Disposal Facility. e. WM requires a definition “Garbage” to mean Waste consisting of putrescible or animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other food products, and all dead animals of less than ten pounds (10 lbs) in weight, except those slaughtered for human consumption. f. WM requires a definition of “Yard Waste” to mean any vegetative matter resulting from private landscaping or regular yard maintenance, including, but not limited to, tree limbs, branches, yard debris, bagged grass clippings and bagged leaves, excluding items over six (6) feet long and four (4) inches in diameter. g. WM requires a definition of “Rubbish” to mean nonputrescible Solid Waste (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics or similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, a nd similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). h.WM requires a definition of “Medical Waste” to mean Waste generated by health care related facilities and associated with health care activities, not including Garbage or Rubbish generated from offices, kitchens, or other non-health-care activities. The term includes Special Waste from health care- related facilities which is comprised of animal waste, bulk blood and blood pr oducts, microbiological waste, pathological waste, and sharps as those terms are defined in in Ark. Code Ann. §20-32-101 (relating to Definitions). i. WM requires a definition for “Construction and Demolition Debris” or “C&D” to mean materials resulting from construction, remodeling, repair, or demolition operations. Such materials include, but are not limited to, dirt, sand, rock, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastic pipe, roofing material, carpeting, concrete, wood, masonry, trees, remnants of new construction materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, and packaging. With the exception of soil, concrete and asphalt, Construction and Demolition Debris does not include Unacceptable Waste. j. WM requires a definition for “Special Waste” to mean waste materials that require special handling and management due to the nature of the waste, including, but not limited to, the following: (i.) containerized waste (e.g. a drum, barrel, portable tank, box, pail, etc.), (ii.) waste transported in bulk tanker, (iii.) liquid waste, (iv.) sludge waste, (v.) waste from an industrial process, (vi.) waste from a pollution control process, (vii.) residue and debris from the cleanup of a spill or release of chemical(s), or (viii.) any other waste defined by applicable law, rule or regulation as "Special Waste." k.WM requires a definition for “Unacceptable Waste” to mean any waste or material that (i) the acceptance and handling of which by WM would cause a violation of any permit, condition, legal or regulatory requirement, (ii) can cause substantial damage to WM’s equipment or facilities, (iii) presents a danger to the health or safety of the public or WM’s employees, (iv) is or contai ns Hazardous Waste, industrial waste, liquid waste, Special Waste that has not been profiled and pre -approved by WM, untreated Medical Waste, dead animals weighing ten pounds (10 lbs.) or greater, (v) is or contains solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit, or (vi) results from activities associated with the exploration, development, or production of oil or gas or geothermal resources, (vii) is or contains fuels, (viii) is or contains motor oil or paint, (ix) is or contains televisions, (x) is or contains batteries, (xi) is or contains florescent light bulbs, (xii) is or contains white goods (household appliances), (xiii) is or contains treated/de-characterized wastes, (xiv) is or contains any waste tires, (xivi) is or contains sludge, (xivii) is or contains waste or materials that may adversely affect the operations of the disposal facility or transfer station regardless if such waste or materials could be legally received, and/or (xiviii) is or contains other solid or liquid waste specifically prohibited for disposal at the Disposal Facility or Transfer Station by Arkansas Department of Environmental Quality (ADEQ) or any other regulatory agency having jurisdiction over such landfill, in accordance with applicable law. Title to and liability for Unacceptable Waste shall remain with the generator all times. WM has no obligation to accept, transport, process or dispose of any Unacceptable Waste. l. If the City tenders Unacceptable Waste in breach of the final negotiated contract between the parties, WM may in its sole discretion either remove, manage, handle, store, treat, and/or dispose of that Unacceptable Waste and charge the City for the costs, expenses, damages, fines, and penalties arising out of such activities or require the City to promptly remove, manage, handle, or dispose of the Unacceptable Waste from the Disposal Facility at the City’s sole cost. The City shall pay or reimburse WM for any and all costs, damages and/or fines incurred as a result of or relating to the City’s tender or delivery of Unacceptable Waste, including costs of inspection, testing, analysis, legal fees, professional consulting fees, or removal costs. m. A force majeure” clause providing that neither party shall be in default for its failure to perform or suspend performance, in whole or in part, due to events or threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, fires, floods, tornadoes, hurricanes, ice storms, acts of war or terrorism, riots, epidemics, pandemics, imposition of new or modified domestic or foreign laws, governmental orders, acts of God, and the inability to obtain labor, materials or equipment due to the foregoing circumstances. The affected party shall be excused from performance during the occurrence of such events. n.If the City fails to timely pay WM’s invoices, WM shall have the right to assess a late fee or late charge to the extent allowed by law. WM also shall have, upon providing written notice to City, the right to suspend its services if payment is more than 60 days’ past due. o.WM is entitled to an increase in its rates to offset changes in conditions that WM does not control, but which increase WM’s costs, such as changes in or new governmental laws, ordinances, rules, regulations or the enforcement thereof, changes in landfill disposal rates, and other conditions that increase WM’s costs. WM agrees to give the City thirty (30) days' written notice of such increase, and to provide documentation substantiating such increase. p.WM requires the City to pay a Quarterly True Up payment to WM if the City is performing the loading of Solid Waste at the Transfer Station. If the City does not achieve a twenty (20) or twenty-three (23) tons per load quarterly average(City selects 20 or 23 ton price structure), then the City shall pay to WM the difference for any short falls as set forth per the following example below (“Quarterl y True Up”). q. WM requires the City to pay a fuel surcharge in addition to the base rates for transportation, disposal and any Quarterly True Up payment. The City shall pay a fuel surcharge as follows (“Fuel Surcharge”): In the event that the price of fuel deviates from the threshold price per gallon, a mileage ba sed fuel surcharge (or discount) shall be applied on a per haul basis. The surcharge will increase or decrease by one cent ($.01) per mile for every 5 -cent increase or decrease in the price of diesel fuel above or below the threshold price of $3.00 per gallon, as determined by the corresponding per mile surcharge shown in the table below. Calculations shall be made the first week of each month based upon the United States Energy Information Administration’s (EIA) U.S. On -Highway Diesel Fuel Price Index for PADD 2 (Midwest) price as reported on their website at http://www.eia.gov/petroleum/gasdiesel/ or phone no. (202) 586 -6966, will be used as typically announced each Monday, or on Tuesday when Monday is a federal holiday*. Quarterly True up Example: Fayetteville to ECO at 23 tpl Minimum TPL: 23 Rate Per Ton: $14.67 Quarterly Total Tons: 1,000 Quarterly Total Loads: 45 Quarterly Average TPL (Total Tons/Total Loads): 22.22 Missed Average TPL (Minimum TPL-Quarterly Average TPL): 0.78 Missed Tons (Quarterly Total Loads x Missed Average TPL): 35 WM Pays MBI For Minimum Charges (Missed Tons x Rate Per Ton): $513.45 r. Definitions of terms and other language that accurately reflects the scope of services and the parties agreed upon obligations and rights. WM’s prices and submission in response to this RFP is conditioned upon the parties’ entry into a contract that is appropriate for the services being requested and that contains mutually acceptable terms to both parties. Neither WM nor the City has any obligation to sign a final contract without negotiation of the terms and each party’s agreement to the final language. WM looks forward to working with City to reach mutually agreeable contract terms. CONTRACT FOR WASTE TRANSFER AND DISPOSAL SERVICES This Contract for Waste Transfer and Disposal Services (the "Contract"), is made and entered into this _________________________, by and between the City of Fayetteville, Arkansas, a municipal corporation, ("the City") and Eco-Vista, LLC ("Waste Management" or "Contractor") IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: I.DEFINITIONS: As used herein this Contract, the following terms shall have the following meanings: a."Disposal Facility" -means the landfill known as the Eco-Vista Landfill, located at 2210 WM Drive, Springdale, AR 72762, which is which is utilized, owned, and operated by Contractor and permitted to receive Solid Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency, or another duly permitted landfill operated in compliance with the regulations stipulated by the applicable state agency and/or the U.S. Environmental Protection Agency. b."Transfer Station" -means the Fayetteville Solid Waste Transfer Station, located at 1560 S. Happy Hollow Road, Fayetteville, Arkansas 7270 l, which is utilized, owned and operated by the City and permitted to receive Solid Waste, Yard Waste, C&D and/or Special Waste by the applicable federal, state, and/or local agency. c."Solid Waste" -means all non-hazardous Garbage, Rubbish, and/or C&D that can legally be received at the Transfer Station and Disposal Facility. The term "Solid Waste" specifically excludes Unacceptable Waste. d."Garbage" -means waste materials consisting of putrescible or animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other food products, and all dead animals of less than ten pounds (l 0 lbs) in weight, except those slaughtered for human consumption. e."Rubbish" -means nonputrescible waste materials (excluding ashes), consisting of both combustible and noncombustible waste materials. Combustible rubbish includes paper, rags, cartons, wood, excelsior, furniture, rubber, plastics or similar materials; noncombustible rubbish includes glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that will not burn at ordinary incinerator temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). f."Medical Waste" -means waste materials generated by health care related facilities and associated with health care activities, not including Garbage or Rubbish generated from offices, kitchens, or other non-health-care activities. The term includes Special Waste from health care-related facilities which is comprised of animal waste, bulk blood and blood products, microbiological waste, pathological waste, and sharps as those terms are defined in in Ark. Code Ann. §20-32-101 (relating to Definitions). Recieved From: Nierengarten, Peter 12/09/2024 8:19 AM Contractor shall receive and accept the City's Solid Waste from the Transfer Station and transport and dispose of such Waste at the Disposal Facility, all in compliance with applicable laws and regulations. This Contract excludes and Contractor has no obligations to accept Unacceptable Waste for transport or disposal. d.All Solid Waste shall be removed from the Transfer Station by the end of each day(Monday through Saturday), including all holidays except New Year's Day,Thanksgiving Day, and Christmas Day. The first transport truck shall be at the City'sTransfer Station by 5:30 AM and the last truck leaves approximately between 2:00 PM-3:00 PM (M-F) and by 11 :00 AM on Saturdays.e.Transporting of all Solid Waste shall be contained, tied, or enclosed, so that leaking,spilling, or blowing of waste is prevented.f.Contractor shall provide detailed inventory of assets illustrating that there is anadequate number of vehicles, trailers, and backup equipment, maintained in goodphysical condition. Information on all proposed labor, supervisors, maintenance, fuel,and necessary supplies to ensure the daily systematic and satisfactory performance ofall services specified in this scope of work shall also be provided.g.Contractor shall prepare any required reports to all government agencies for the Workhereunder this Contract, if applicable, and will provide copies of said reports to City.h.Contractor shall provide to the City documented proof of disposal for each load. Suchdocumentation shall be provided to the City with each invoice.6.FEES:a.Base Rate. The City agrees to pay Contractor the current rate of $52.22 ($14.67 for transportation and $38.55 for disposal) per ton (the "Base Rate") through December 31, 2026, for Contractor's receipt and handling of the City's Solid Waste from the Transfer Station and the transportation and disposal of such Solid Waste at the Disposal Facility. An additional fuel surcharge shall be added to the Base Rates based on the surcharge further defined below during the term of this Contract.b.CPI Increase. Beginning on January I, 2027 and on each January I thereafter (including in any renewal or extension terms), the Base Rate shall be automatically adjusted by the annual percentage change in the average that the Consumer Price Index, US City Average for All Urban Consumers (current series), Water, Sewer, Trash Collection, Not Seasonally Adjusted, Series ID CUUR0000SEHG ("CPI")(https://beta.bls.gov/dataViewer/view/timeseries/CUUR0000SEHG) has increased over the 12 most recently published months compared to the average CPI for the preceding twelve-month period for which the data has been published. If the above CPI ceases to be published, the parties agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision.1.The CPI published on the first Monday prior to the end of the month (or the first business day thereafter if such Monday is a Federal Holiday) shall be used to determine the monthly change. The annual percentage change shall be calculated by subtracting the average CPI value for the Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-761 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, pursuant to Bid 24-46, and approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. BACKGROUND: On December 15, 2020, the City council approved resolution number 308-20 authorizing the acceptance of a Wetland Program Development Grant in the amount of $300,000. The city matched this grant with $100,000 from the 2019 Bond Program and the Illinois River Watershed Partnership provided $30,000 for a total project amount of $430,000. The potential stream restoration projects identified within the grant were as follows: • Scull Creek just north of Van Asche Drive: includes damage to private property from large cut banks. • Niokaska Creek downstream of Azalea Terrace: Includes an “s” turn in which a large amount of erosion is taking place and beginning to threaten private structures • Within existing park land on a tributary to Flynn Creek near N Brookbury Crossing which also includes damage to private property • Clear Creek directly downstream of Lake Fayetteville: includes damage to both public and private property DISCUSSION: As such the City has proceeded with the analysis and design of two of these projects as required by the grant. The first of these projects is located on Niokaska Creek and includes the “s” turn downstream of Azalea Terrace. The City received bids for Bid 24-46 on October 31, 2024 for the proposed project. The bid identified Natural State Streams LLC as the lowest responsive bidder on the project with a total bid of $169,645.95 and staff is recommending the award of this contract. BUDGET/STAFF IMPACT: Funding for this construction project will be taken from 2022 Bond Funds. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: SRF (#3), BA (#4), C-520 Agreement Stipulated Price - Niokaska Final NSS Signature (#5), Bid 24-46, Bid Tab - Signed (#6), Bid 24-46, Submittal - Natural State Streams LLC - E (#7) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-761 Approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. A RESOLUTION TO APPROVE A CONTRACT WITH NATURAL STATE STREAMS, LLC IN THE AMOUNT OF $169,645.95 FOR THE RESTORATION OF NIOKASKA CREEK DOWNSTREAM OF NORTH AZALEA TERRACE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $20,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on December 15, 2020, the City Council approved Resolution 308-20 authorizing the acceptance of a Wetland Program Development Grant in the amount of $300,000.00; and WHEREAS, the City matched that grant with $100,000.00 from the 2019 Bond Program and the Illinois River Watershed Partnership provided $30,000.00 for a total amount of $430,000.00; and WHEREAS, the restoration of Niokaska Creek downstream of North Azalea Terrace is the first of two projects required by the grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Natural State Streams, LLC in the amount of $169,645.95 for the restoration of Niokaska Creek downstream of North Azalea Terrace, and further approves a project contingency in the amount of $20,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. 11/13/2024 Submitted Date Yes 11,575.00$ 169,645.95$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 98,425.00$ 86,850.00$ Yes Yes 189,646.00$ 31,575.05$ 46040.7426 Project Number Budget Impact: Stream Restoration-EPA Grant Fund Drainage Projects 2022 Bonds4704.860.7426-5817.00 Account Number Project Title City of Fayetteville Staff Review Form 2024-761 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only Approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. N/A for Non-Agenda Item Action Recommendation: Submitted By Chris Brown ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #308-20 Approval Date: Original Contract Number: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 ENGINEERING (621) Adjustment Number 2024 Requestor:Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract in the amount of $169,645.95 with Natural State Streams for the restoration of Niokaska Creek downstream of N Azalea Terrace, approval of a project contingency of $20,000 (12%) and approval of a budget adjustment. COUNCIL DATE:12/17/2024 ITEM ID#:2024-761 Holly Black 11/13/2024 8:28 AM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241029TOTAL-- Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4704.860.7426-5817.00 169,646 -46040 7426 EX Improvements - Bridge & Drainage 4704.860.7426-5911.99 20,000 -46040 7426 EX Contingency - Capital Project 4704.860.7999-5899.00 (189,646)-46040 7999 EX Unallocated - Budget -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Fayetteville (“Owner”) and Natural State Streams LLC (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: RESTORATION OF APPROXIMATELY 300 FT SECTION OF NIOKASKA CREEK THAT WILL REDUCE STREAMBANK EROSION AND IMPROVE AQUATIC AND TERRESTRIAL HABITAT. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Work includes building stacked rock walls, installing boulder riffle grade control structures, and enhancing the adjacent native riparian area. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by __Watershed Conservation Resource Center_________. 3.02 The Owner has retained _Watershed Conservation Resource Center__ (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $__250__ for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 3.02.A above for Substantial Completion until the Work is substantially complete. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item) as shown in the Bid Form, a sum of: Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities) $169,645.95 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage).; and EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 b. 100 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). c. Retainage shall be 5% of the earned progress payments per Arkansas Code 22-9- 604. B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 100 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 0 percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. E. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. G. Contractor has given the Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by the Purchasing Division is acceptable to Contractor. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 H. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (Current Section, inclusive). 2. Performance bond (Section: Performance Bond, inclusive). 3. Payment bond (Section: Payment Bond, inclusive). 4. Other bonds. a. Maintenance and Warranty Bond (to be provided following Substantial Completion) (If required). 5. General Conditions (Section: General Conditions, inclusive). 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings (not attached but incorporated by reference) consisting of 10 sheets with each sheet bearing the following general title: Restoration of Niokaska Creek near Magnolia Drive 8. Addenda (numbers _1__ to _1_, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid (pages _1_ to 25_, inclusive). 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 10.06 Other Provisions A. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.” B. This contract is subject to applicable labor laws, non-discrimination provisions, wage rate laws and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of 1962, Title VI of the Civil Rights Act of 1964, and The Clean Water Act also apply. C. Build America, Buy America provisions apply to this project. D. This project is a Federal-Aid contract. This project requires wage rates to be paid according to Davis-Bacon Federal Wage Rates. The percentage goal for Disadvantaged Business Enterprise (DBE) Participation in the project is 11.0%. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on ___December 17, 2024_____ (which is the Effective Date of the Contract). OWNER: City of Fayetteville CONTRACTOR: Natural State Streams LLC By: Lioneld Jordan By: Josh Duzan Title: Mayor Title: Owner (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: City of Fayetteville Natural State Streams 113 W Mountain St 613 N Pierce St Fayetteville, AR 72701 Little Rock, AR 72205 License No.: 0242470325 (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. Henry Duzan, Restoration Technician Bid 24-46 Addendum 1 Natural State Streams LLC Supplier Response Event Information Number:Bid 24-46 Addendum 1 Title:Construction - Niokaska Stream Restoration (Magnolia Drive) Rebid Type:Invitation to Bid Issue Date:10/6/2024 Deadline:10/31/2024 02:00 PM (CT) Notes:The City of The City of Fayetteville is accepting sealed bids from properly licensed firms for the restoration of an approximately 300-foot section of Niokaska Creek near Magnolia Drive in Fayetteville, Arkansas, to help reduce streambank erosion and improve aquatic and terrestrial habitat. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov. Contact Information Contact:Amanda Beilfuss - Sr. Purchasing Agent Address:Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email:abeilfuss@fayetteville-ar.gov Vendor: Natural State Streams LLC Bid 24-46 Addendum 1Page 1 of 4 pages Natural State Streams LLC Information Contact:ZACHARY HAYS Address:613 N Pierce St Little Rock, AR 72205 Phone:(479) 430-0593 Email:zach@naturalstatestreams.com Web Address:naturalstatestreams.com By submitting your response, you certify that you are authorized to represent and bind your company. Zachary Hays zach@naturalstatestreams.com Signature Email Submitted at 10/31/2024 12:06:58 PM (CT) Requested Attachments Bid 24-46 Signature Forms Bid Form Bid 24-40, FILE #01 - PROJECT MANUAL-2.pdf Please attach your completed forms. These documents can be found in the Project Manual. Bid 24-46, Qualification Information Qualifications (Statement and Resumes).pdf Please attach the required bidder qualifications information as stated in the Project Manual. Bid 24-46 Bid Bond Natural State Streams Bid Bond.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Response Attachments NSS Authority to Sign.pdf Authority to Sign Letter NSS Contractors License.pdf Contractors License GoodStanding_NSS_2024.pdf Certificate of Good Standing Bid Attributes 1 Arkansas Secretary of State Filing Number: 800199084 2 Arkansas Contractor License Number: 0242470325 3 SAM.gov Unique Entity Identifier Number: HAS5AHW2KQ23 Vendor: Natural State Streams LLC Bid 24-46 Addendum 1Page 2 of 4 pages 4 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 5 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, I agree No, I don't agree 6 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. I agree Bid Lines 1 Package Header Work Items Quantity:1 UOM:EA Total:$129,140.95 Package Items 1.1 Mobilization (Not to Exceed 5% of TOTAL BASE BID, not including bonds and insurance) Quantity:1 UOM:LS Price:$7,600.00 Total:$7,600.00 1.2 Bonds and Insurance Quantity:1 UOM:LS Price:$7,690.95 Total:$7,690.95 1.3 Multi-Level Rock Revetment Quantity:180 UOM:LF Price:$240.00 Total:$43,200.00 1.4 J-Hook Vane with Step Quantity:1 UOM:EA Price:$11,500.00 Total:$11,500.00 1.5 Riffle Grade Control Structure Quantity:3 UOM:EA Price:$7,000.00 Total:$21,000.00 1.6 Channel Excavation Quantity:280 UOM:CY Price:$10.00 Total:$2,800.00 1.7 Floodplain Grading Quantity:220 UOM:CY Price:$10.00 Total:$2,200.00 Vendor: Natural State Streams LLC Bid 24-46 Addendum 1Page 3 of 4 pages 1.8 Filling and Grading of Bio-D Block Soil Mattresses Quantity:180 UOM:LF Price:$10.00 Total:$1,800.00 1.9 General Excavation: Excavator (16,000 lbs.) - Work outside scope of specific bid items (equipment, fuel, and operator)(based on equipment hours) Quantity:40 UOM:Hour Price:$275.00 Total:$11,000.00 1.10 General Labor Quantity:40 UOM:Hour Price:$65.00 Total:$2,600.00 1.11 Site clean-up including debris removal, grading and mechanical raking of storage areas, loading of excess construction materials on 3rd party trucks Quantity:1 UOM:LS Price:$10,000.00 Total:$10,000.00 1.12 Removal of Project Spoils Quantity:75 UOM:CY Price:$70.00 Total:$5,250.00 1.13 Deck Removal Quantity:1 UOM:LS Price:$2,500.00 Total:$2,500.00 2 Package Header Rock and Earthwork Materials Quantity:1 UOM:EA Total:$40,505.00 Package Items 2.1 Top Soil Quantity:85 UOM:CY Price:$25.00 Total:$2,125.00 2.2 Clay Quantity:40 UOM:CY Price:$25.00 Total:$1,000.00 2.3 Structure Boulders Quantity:150 UOM:Ton Price:$115.00 Total:$17,250.00 2.4 Stacked Revetment Beam Rock Quantity:150 UOM:Ton Price:$115.00 Total:$17,250.00 2.5 River Cobble Quantity:48 UOM:Ton Price:$60.00 Total:$2,880.00 Response Total: $169,645.95 Vendor: Natural State Streams LLC Bid 24-46 Addendum 1Page 4 of 4 pages EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i BID FORM Restoration at Niokaska Creek near Magnolia Drive Fayetteville, Arkansas 2024 TABLE OF CONTENTS Page Article 1 – Bid Recipient ................................................................................................................................ 1 Article 2 – Bidder’s Acknowledgements ....................................................................................................... 1 Article 3 – Bidder’s Representations ............................................................................................................. 1 Article 4 – Bidder’s Certification ................................................................................................................... 2 Article 5 – Basis of Bid ................................................................................................................................... 3 Article 6 – Time of Completion ..................................................................................................................... 3 Article 7 – Attachments to this Bid ............................................................................................................... 3 Article 8 – Defined Terms.............................................................................................................................. 3 Article 9 – Bid Submittal................................................................................................................................ 4 EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ARTICLE 1 – BID RECIPIENT 1.01 This Bid is submitted to: The City of Fayetteville, AR Purchasing Division – Suite 306 113 W. Mountain St Fayetteville, AR 72702 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 – BIDDER’S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A.Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B.Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C.Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D.Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. Bid 24-46, Adddemdum #1 10/21/2024 EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 E.Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs. F.Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G.Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H.Bidder has given the Purchasing Division written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by the Purchasing Division is acceptable to Bidder. I.The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J.The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 – BIDDER’S CERTIFICATION 4.01 Bidder certifies that: A.This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C.Bidder has not solicited or induced any individual or entity to refrain from bidding; and D.Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1.“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2.“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3.“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 4.“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. ARTICLE 5 – BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): See online Project Manual for most up to date bid form. 5.02 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 – TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete within __60__ calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within _90_ calendar days after the date when the Contract Times commence to run. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 – ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A.Required Bid security; B.List of Proposed Subcontractors and qualifications; C.List of Proposed Suppliers (N/A); D.List of Project References; E.Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F.Contractor’s License No.: __________ G.Required Bidder Qualification Statement with supporting data; and H.[List other documents and edit above as pertinent] ARTICLE 8 – DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 0242470325 EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 ARTICLE 9 – BID SUBMITTAL BIDDER: [Indicate legal name of bidding entity] [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) [Signature] [Printed name] Natural State Streams, LLC Joshua Duzan Henry Duzan Restoration Technician 10/31/2024 100 2nd Ave SE Gravette, AR 72736 45-2138255 501-804-5004 N/A Joshua Duzan josh@naturalstatestreams.com 0242470325 HAS5AHW2KQ23 Summary Of Qualifications Natural State Streams, LLC (NSS) is a leader in stream and river restoration in Arkansas. We have been trusted by many state agencies, municipalities, and non-profit organizations in and around the state. We specialize in restoring the natural beauty and functionality of freshwater ecosystems and protecting lands and structures using eco- friendly materials and sustainable practices. As a trusted and respected leader in stream restoration in Arkansas, we are committed to preserving and enhancing the state's natural waterways. With our expertise and dedication, we strive to create healthy habitats for aquatic life while mitigating erosion and improving water quality. Our Team at NSS has completed many projects over the last five years, all of which display our talents, expertise, and attention to detail when carrying out each unique project. Per the bid requirements, three projects in particular display our skills in implementing various in-channel structures. These three projects are Osage Creek Natural Area Stream Restoration, Sager’s Crossing Stream and Wetland Restoration, and Cloud Creek Stream and Wetland Mitigation. These three projects have demonstrated the ability to utilize cross-vanes, j-hooks, or similar structures to stabilize the channel and prevent further erosion. Project Name: Osage Creek Natural Area Stream Restoration Project Description: Working alongside project engineers, NSS completed the construction of stream and riparian Natural Channel Design restoration along approximately ¾ of a mile of Ozark stream, building structures in a deep-water environment. Four stone cross vanes, four j-hook structures, step pools, several log features were all built to engineered specifications, withstanding multiple large flood events since project completion. Client: City of Rogers Project Lead Engineer & Permitting: Matt Van Eps, P.E. Organization: Watershed Conservation Resource Center (WCRC) Phone: (479)444-1916 Email: vaneps@watershedconservation.org Project Manager: Matt Van Eps Construction Costs: $175,000 Project Location: Osage Creek Natural Area Rogers, AR 72758 (36.3111157 N, -94.1980866 W) Project Photos: Photo 1. Osage Creek during construction. Overhead view shows multiple stone vanes and wood toe protection shorty after installation. Photo 2. Osage Creek cross vane during construction. Photo 4. Osage Creek Cross vane 3 years post construction Photo 5. Osage Creek Cross vave 3 years post construction Project Name: Sager’s Crossing Stream & Wetland Project (Design & Build) Project Description: Utilizing Natural Channel Design methodologies, NSS developed the restoration plan, managed permitting, and constructed around ½ mile of stream and riparian restoration along Sager Creek at the City of Siloam Springs’ Sager’s Crossing public golf course. Various streambank stabilization techniques were utilized, including stabilizing the waterway around cart path bridges using stone, native plantings, and bioengineering techniques. One J-hook structure, one cross-vane structure, and step- pools were constructed along with wood toe and stone toe protection and extensive native plantings. Client: Illinois River Watershed Partnership Project Ecologist/ Restoration Planner & Permitting: Joshua Duzan Organization: Natural State Streams Phone: (501)804-5004 Email: josh@naturalstatestreams.com Project Manager: Travis Chaney (formerly Illinois River Watershed Partnership) City of Siloam Springs Parks & Recreation Manager Phone: (479)531-7707 Email: tchaney@siloamsprings.com Construction Costs: $335,000 Project Location: Siloam Springs Golf Course 801 N Country Club Rd Siloam Springs, AR 72761 Project Photos: Photo 3. Sager Creek stone toe protection during construction. NSS employed a pump-around technique during construction to preserve water quality and manage water onsite. Photo 4. Sager Creek stone toe protection and j-hook structure with step-pools 1 year post construction. Project Name: Cloud Creek Stream & Wetland Mitigation (Design & Build) Project Description: NSS completed this expansive design-build floodplain and stream restoration project on Cloud Creek near Eufaula, OK. Extensive bank stabilization efforts were implemented including longitudinal peak stone protection, stone cross vane riffles, step pools, and wood toe with vegetated bank-full bench establishment. Inter- connected wooded floodplain wetlands were established along with stabilization and boulder grade control constructed upstream of and protecting a county road bridge. Client: Terra Foundation Project Ecologist/ Restoration Planner & Permitting: Craig Gump Organization: Terra Foundation, Inc. Phone: (913)217-5808 Email: cgump@theterrafoundation.com Project Manager: Joshua Duzan Construction Costs: $550,000 Project Location: EO940 Rd. Muskogee, OK 74401 (35.6532246 N, -95.6356193 W) Project Photos: Photo 5. Cloud Creek stone toe protection after first major flood, several months post-construction. Photo 6. Above view of Cloud Creek stone toe protection after first major flood, several months post- construction. References Jake Owens Illinois River Watershed Partnership Phone: (501)-206-7365 Email: jake@irwp.org Craig Gump Organization: Terra Foundation, Inc. Phone: (913)217-5808 Email: cgump@theterrafoundation.com Sean Saunders Organization: Arkansas Game and Fish Commision Phone: (501)-765-9208 Email: sean.saunders@agfc.ar.gov Years of Experience 16 Education BA, Biology, Hendrix College, Conway, Arkansas Certifications & Training River Assessment and Monitoring, Wildland Hydrology, Lubrecht Forest, Montana, 2007 River Restoration and Natural Channel Design, Wildland Hydrology, Gunnison, Colorada, 2007 Applied Fluvial Geomorphology, Wildland Hydrology, Asheville, North Carolina, 2006 River Morphology and Applications, Wildland Hydrology, Asheville, North Carolina, 2006 As the owner and founder of Natural State Streams, LLC, Josh has constructed more than 30 natural channel design stream restoration projects. He is a skilled heavy equipment operator and project manager, but also brings a unique perspective to the build, having personally designed more than half of the projects he has built. Josh started his career in river restoration while working for The Nature Conservancy- Arkansas Chapter as the Cache River Project Manager and then statewide Biohydrologist. Josh, who designed and built his first stream restoration project in Cotton Plant, Arkansas in 2006, has since developed extensive experience in the implementation of stream restoration projects across the state of Arkansas and beyond. He is Level IV Rosgen-certified in Natural Channel Design and specializes in restoration planning, design, surveying, and construction as well as GIS modeling, mitigation, and geomorphic monitoring. Relevant Experience TNC-Missouri Elk River Stream Bank Stabilization, McDonald County, MO Restored approximately 1,500 linear feet of cut bank along the Elk River. Moved approximately 40,000 cubic yards of gravel to temporarily divert and reshape the river channel. Built out the bank approximately 120 feet back into the channel to improve the river planform and reduce shear stress. Installed boulder and toe-wood bench utilizing 6,000 tons of boulders and hundreds of root wad/trees in deep water environment. Constructed approximately 8,000 feet of soil lifts interspersed with 50,000 live brush layer cuttings. Graded and replanted floodplain with 1,300 seedlings and native seed. Over three years post construction, and through multiple overbank flood events, the project is still meeting its design objectives and serves as a model for other projects in the Ozarks. IRWP-The Course at Sager’s Crossing Stream and Wetland Restoration, Benton County, AR Restored approximately 2,500 linear feet of Sager Creek and constructed off-channel wetlands in the floodplain. Utilized stacked limestone boulders, wood-toe, soil lifts with live branch layering, in-stream rock structures, in-stream habitat enhancement, and riparian plantings. Construction was just completed on this project in April 2021, and within a week of completion there was a major over-bank flood on Sager Creek which inundated the golf course where the project is located. Despite the vegetation not yet being established, all seven banks targeted for restoration activities held and performed as designed. This project is ongoing with plantings anticipated to be completed in May 2021. Avon-White Lick Creek Streambank Restoration, Hendricks County, IN Restored approximately 340 feet linear feet of cut bank along White Lick Creek to enhance stream and riparian habitat and protect an eroding municipal pedestrian and biking trail. Built out bank approximately 30 feet back into the channel. Installed boulder toe utilizing 750 tons of limestone. Built approximately 2,600 linear feet of soil lifts interspersed with black willow live stakes and planted with native seed. Josh Duzan Team Lead; Assessment & Design Support; Construction Cost Estimating Support; Construction Support; Monitoring and Maintenance Plan Support Ben Reynolds – Restoration Ecologist, Natural State Streams, LLC Construction Lead; Surveying; Construction Cost Estimating Support; Monitoring and Invasives Management As a restoration ecologist for Natural State Streams, LLC, Ben has worked on more than 10 stream and wetland restoration projects. He is a skilled heavy equipment operator and project manager, but also brings a unique perspective to the build. Ben started his career as a private bat biologist conducting Section 7 ESA surveys for Indiana Myotis throughout Arkansas and West Virginia. After seven years in the wildlife ecology field, Ben went on to work for the Arkansas Natural Resources Commission as a Program Manager. Ben specialized in non-riparian permitting and stream restoration tax credits. At this time, Ben found his love for water resource management and ecological restoration. Ben began working for NSS in 2021 as a restoration technician where he has assisted in the construction of wetland and stream restoration projects in Oklahoma and Oklahoma. In his three years at NSS, Ben has since developed extensive experience in the implementation of restoration and mitigation projects and specializes in restoration implementation, surveying, native planting, invasive species management and construction. Relevant Experience Cane Creek Mitigation Site, Terra Foundation, Boynton, OK This project was the largest restoration project to date for NSS. The project consisted of over 2,000 linear feet of stream restoration and the creation of over 22 acres of emergent wetlands within the floodplain. This project reconnected the floodplain to Cane Creek after many years of agricultural use. NSS installed 4 large grade control structures within Cane Creek and planted over 15,000 bare root seedlings along the restored riparian corridor. Ben’s primary role was as a wetland construction operator and led the team in invasive management and native seed establishment. This project was completed in 2022. Illinois River Watershed Partnership-Simmons Foods-Sager Creek Stream Restoration and Wetland Project, Siloam Springs, AR This project along Sager creek restored approximately 100 linear feet of Sager Creek and constructed an off-channel retention wetland within the floodplain. Utilized stacked limestone boulders, soil lifts with native riparian plantings. The one-acre retention wetland was constructed to help filter storm water before entering Sager Creek and was planted with over 4,000 native plugs. Construction was completed on this project in 2023 Years of Experience 15 Education MS, Wildlife Ecology, Arkansas Tech University, Russellville, Arkansas, 2008 Certifications & Training Hydric Soils Identification, 2016, ANRC. Watershed Management Best Management Practices, ANRC, 2017. Herbicide Application for Non-Agriculture, Arkansas Plant Board, 2023 Bat Conservation Management, Bat Conservation International, 2007 Zachary Hays – Restoration Program Manager, Natural State Streams, LLC Project Manager; Surveying; Construction Cost Estimating; Quality Assurance As a restoration ecologist for Natural State Streams, LLC, Zachary has worked on over 10 stream and wetland restoration projects. He is a skilled heavy equipment operator and project manager, but also brings a unique perspective to the build. Zachary started his career as a Soil Fertility Research Technician . After two years in the agriculture field, Zachary began working for NSS in 2021 as a restoration technician, where he assisted in constructing wetland and stream restoration projects in Oklahoma and Arkansas . In his three years at NSS, Zachary has since developed extensive experience in the implementation of restoration and mitigation projects and specializes in restoration implementation, surveying, and project management. Relevant Experience Cane Creek Mitigation Site, Terra Foundation, Boynton, OK This project was the largest restoration project to date for NSS. The project consisted of over 2,000 linear feet of stream restoration and creation of over 22 acres of emergent wetlands within the floodplain. After many years of agricultural use, this project reconnected the floodplain to Cane Creek. NSS installed 4 large grade control structures within Cane Creek and planted over 15,000 bare root seedlings along the restored riparian corridor. Zachary’s primary role was as a streambank restoration operator, and they led the team in the construction of bank stabilization structures, as well as install of erosion control measures. Illinois River Watershed Partnership-Simmons Foods-Sager Creek Stream Restoration and Wetland Project, Siloam Springs, AR This project along Sager Creek restored approximately 100 linear feet of Sager Creek and constructed an off-channel retention wetland within the floodplain. Utilized stacked limestone boulders and soil lifts with native riparian plantings. The one-acre retention wetland was constructed to help filter stormwater before entering Sager Creek and was planted with over 4,000 native plugs. Construction was completed on this project in 2023. Zachary acted as project manager and team lead for the entire project, while also being lead operator for the streambank stabilization. Years of Experience 5 Education B S , Wildlife Ecology and Management, Arkansas State University, J onesboro, Arkansas , 20 17 Certificate of Good Standing I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show NATURAL STATE STREAMS, LLC authorized to transact business in the State of Arkansas as a Limited Liability Company, filed Articles of Organization in this office May 5, 2011. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 30th day of July 2024. Online Certificate Authorization Code: 1452645d6f188fc To verify the Authorization Code, visit sos.arkansas.gov City of Fayetteville Arkansas 113 W. Mountain Fayetteville, AR 72701 Joshua Duzan Natural State Streams, LLC 100 2nd Ave SE Gravette, AR 72736 Phone: 501-804-5004 AFFADAVIT VERIFYING CORPORATE SIGNING AUTHOTITY I Joshua Duzan. MAKE OATH AND SAY 1.That I am an officer and owner of Natural State Streams, LLC, named in the Operating Agreement of the company. 2.I am Authorized by the Corporation to sign bids and legal documents without affixing a corporate seal. 3.Natural State Streams, LLC is incorporated in the state of Arkansas. The state of formation is Arkansas. The official address is listed above. Thank you, Joshua Duzan Owner & Manager Natural State Streams, LLC 10/29/2024 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-904 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager SUBJECT: Approval of a contract in the amount of $8,693,634.49 with Benchmark Construction Company of NWA, Inc. for the construction of the College Ave. Improvements Project (North to Sycamore), and approval of a project contingency of $870,000.00 (10%). RECOMMENDATION: Staff recommends approval of a contract in the amount of $8,693,634.49 with Benchmark Construction Company of NWA, Inc. for the construction of the College Ave. Improvements Project (North to Sycamore), approval of a project contingency of $870,000.00 (10%) and approval of a budget adjustment. BACKGROUND: The School Avenue and College Avenue Corridors serve as the major north-south route through the central part of the City and are major commercial and retail destination. Maintaining and improving the corridors will allow them to continue to serve mobility needs, and to continue to develop/redevelop as commercial corridors. Improvements to these corridors will include striping, widening and/or narrowing of the roadway, utility relocation, sidewalk/trail installation, accommodations for transit systems, elimination or reconfiguration of driveways, modification to traffic signals, medians, and other corridor improvements identified in the design process. The starting point for corridor designs was the 71B Corridor Plan completed by RDG Planning. Goals and aspirations of the Plan will be implemented to the greatest extent possible through the limits of the project segments selected for design and construction, which include College Ave. between North Street and Township Street, and School Ave. between Martin Luther King Jr. Blvd. and Cato Springs Road. In December of 2021, the City Council approved a design contract with Garver, LLC for the detailed design of this project from North Street to Sycamore Street. In addition to the Transportation Improvements, a new water main along this corridor is included in this construction contract. Plans were prepared by McClelland Consulting Engineers for the water main. On August 25, 2021, the Northwest Arkansas Regional Planning Commission (NWARPC) awarded this project $1,500,000.00 from the FFY 2022 STBGP-A (Surface Transportation Block Grant Program-Attributable. This Federal-aid program is administered through the NWARPC. In November of 2021, The City of Fayetteville and ARDOT signed a supplemental agreement of understanding Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov combining the $1,500,000.00 in STBGP-A funds with the funds from the 2019 agreement of understanding for Job 040746 Truckers Dr. – Howard Nickell Rd. and Highway 71B Improvements which allocated $1,500,000.00 for improvements to Highway 71B. On August 24, 2022, the NWARPC awarded this project and additional $1,800,000.00 from the FFY 2022 STBGP-A (Surface Transportation Block Grant Program-Attributable). This brings the total Federal Aid to $4,800,000.00. At the August 6, 2024 City Council meeting, the Council approved a contract with Benchmark Construction for this same project. Unfortunately, we were not able to receive concurrence of award from ARDOT for the contract. The previous bid did not meet the Disadvantaged Business Enterprise (DBE) goal for the project. ARDOT has since reevaluated the goal and has reduced the goal from 11% to 6% for this re-bid. DISCUSSION: On November 19, 2024, the City received three (3) construction bids for this project. Benchmark Construction Company of NWA, Inc. submitted a complete bid of $8,693,634.49. Engineering staff recommends awarding this contract to Benchmark Construction Company of NWA, Inc. The contract time is 300 days (10 months) for substantial completion. Please note that as part of the Federal-aid process, the Mayor will be submitting the required Certification Letter to the Arkansas Department of Transportation (ARDOT) requesting their review of the bid tabulations and concurrence in award of the contract to Benchmark Construction Company of NWA, Inc. The actual execution of the construction agreement will occur after receipt of ARDOT concurrence. BUDGET/STAFF IMPACT: This project is based on an Agreement of Understanding with ARDOT in which Federal-aid money will pay 80% of the contract amount and the City will pay a 20% match. The City will have to make payments to the Contractor and the Consultant, and then submit the required paperwork to ARDOT requesting 80% reimbursement. The City matching funds for the roadway improvements will be paid from the Streets Project 2022 Bond Funds. The total Federal-aid amount of $4,800,000 was recognized in the previous Budget Adjustment brought to council on August 6, 2024. The budget adjustment attached to this council item is an update of the previous BA to modify the contract amount. Water and Sewer Line Improvement Funds will be used for the new water main portion of this contract. ACCOUNT PROJECT AMOUNT 4702.860.7221-5809.00 46020.7221.1020 $2,046,271.59 4601.860.7221-5809.00 46010.7221.1020 $4,800,000.00 5400.860.5600-5808.00 11011.2019.7221 $1,847,362.90 ATTACHMENTS: SRF (#3), BA (#4), Contract (#5), Bid 24-48, Submittal - Benchmark Construction Company - E (#6), Bid 24-48, Bid Tab (#7), 2024-11-22 College Avenue (North Street to Sycamore Street) - Recommendation to Award-Signed (#8), Letter from Mayor to ARDOT (#9) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-904 Approval of a contract in the amount of $8,693,634.49 with Benchmark Construction Company of NWA, Inc. for the construction of the College Ave. Improvements Project (North to Sycamore), and approval of a project contingency of $870,000.00 (10%). A RESOLUTION TO APPROVE A CONTRACT WITH BENCHMARK CONSTRUCTION COMPANY OF NWA, INC. IN THE AMOUNT OF $8,693,634.49 FOR THE COLLEGE AVENUE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $870,000.00, AND TO APPROVE A BUDGET ADJUSTMENT – 2022 STREET IMPROVEMENT BOND PROJECT WHEREAS, on August 25, 2021, the Northwest Arkansas Regional Planning Commission (NWARPC) awarded $1,500,000.00 from the Surface Transportation Block Grant Program-Attributable for the College Avenue Improvements Project; and WHEREAS, in November 2021, the City of Fayetteville and ARDOT signed a supplemental agreement of understanding combing the $1,500,000.00 in STBGP-A funds with the funds from the 2019 agreement of understanding for Job 040746 Truckers Dr. – Howard Nickell Rd. and Highway 71B Improvements which allocated $1,500,000.00 for improvements to Highway 71B; and WHEREAS, in December 2021, the City Council approved a design contract with Garver, LLC for the detailed design of this project from North Street to Sycamore Street; and WHEREAS, on August 24, 2022, the NWARPC awarded this project an additional $1,800,000.00 from the FFY 2022 STBGP-A (Surface Transportation Block Grant Program-Attributable) which brings the total amount of Federal Aid to $4,800,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with Benchmark Construction Company of NWA, Inc. in the amount of $8,693,634.49 for the College Avenue Improvements Project, and further approves a project contingency in the amount of $870,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. 11/25/2024 Submitted Date Yes 10,180,563.42$ 9,563,634.49$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Item Cost Budget Adjustment Remaining Budget 10,451,901.00$ 271,337.58$ Yes Yes (572,502.00)$ 44,426.93$ 46020.7221.1020 11011.2019.7221 Budget Impact: Hwy 71B Corridor - North to Township Water & Sewer Relocations - Bond Projects Street Projects 2022 Bonds Water and Sewer 4702.860.7221-5809.00 5400.860.5600-5808.00 City of Fayetteville Staff Review Form 2024-904 12/17/2024 Approval of a contract in the amount of $8,693,634.49 with Benchmark Construction Company of NWA, Inc. for the construction of the College Ave. Improvements Project (North to Sycamore), approval of a project contingency of $870,000.00 (10%), and approval of a budget adjustment. N/A for Non-Agenda Item Action Recommendation: Matt Casey ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year 12/17/2024 2024-904 D - (City Council) TOTAL - - Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 4702.860.7221-5809.00 215,014 - 46020 7221.1020 EX Improvements - Street (36,725) - 46020 7221.1020 EX Contingency - Capital Project (178,289) - 46020 7999 EX Unallocated - Budget - - (736,049) - 11011 2019.7221 EX Improvements - Water Line (14,742) - 11011 2019.7221 EX Contingency - Capital Project 750,791 - 10007 1 EX Improvements - Water Line - - - - - - - - - - - - - - - - - - - - BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: construction of the College Ave. Improvements Project (North to Sycamore), and approval of a project contingency of $870,000.00 (10%). COUNCIL DATE: ITEM ID#: Adjustment Number 2024 Matt Casey ENGINEERING (621)Division /Org2 GLDATE: Budget Division Date Holly Black 11/25/2024 8:09 AM TYPE: JOURNAL #: G:\Divs\Engineering\Engineering Design Services\Projects\BOND PROGRAM\2019 Bond Program\Hwy 71B Corridor 040887\Council and Committee Items\Construction Contract\2024-904 BA Benchmark Const College Ave 1 of 1 Bid 24-48 Addendum 4 Benchmark Construction Company Benchmark Construction Company of NWA, Inc. Supplier Response Event Information Number:Bid 24-48 Addendum 4 Title:Construction - College Ave. Improvements (North to Sycamore) Rebid #2 Type:Invitation to Bid Issue Date:10/13/2024 Deadline:11/19/2024 02:00 PM (CT) Notes:The City of The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction of the College Ave (North St. to Sycamore St.) project. Improvements consist of, but are not limited to, roadway signing and striping, curb and gutter, driveway, sidewalk, and curb ramp reconstruction, parking lot reconstruction, intersection improvements, retaining walls, enhancements to pedestrian and bicycle infrastructure, landscaping, signalization, and drainage improvements. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov. Contact Information Contact:Amanda Beilfuss - Sr. Purchasing Agent Address:Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email:abeilfuss@fayetteville-ar.gov Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 1 of 13 pages Benchmark Construction Company Information Contact:Steve Smith Address:333 W. POPLAR ST., STE A Fayetteville, AR 72703 Phone:(479) 251-1316 Email:benchmarkconst@att.net Web Address:None By submitting your response, you certify that you are authorized to represent and bind your company. Stephen Smith benchmarkconst@att.net Signature Email Submitted at 11/19/2024 01:53:20 PM (CT) Requested Attachments Bid 24-48, Required Signature Forms Required Signature Pages.pdf Please attach ALL required, completed bid forms and federal forms. These documents can be found in the Project Manual. Bid 24-48, Bid Bond Bid Bond.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Arkansas Secretary of State Filing Number: 5381670002 2 Arkansas Contractor License Number: 0033500525 3 SAM.gov Unique Entity Identifier Number: 900R2 4 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 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 2 of 13 pages 5 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, I agree No, I don't agree 6 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. I agree Bid Lines 1 Package Header PACKAGE A - STREET SCOPE The City intends to award whole Bid to single Contractor. Bidders shall submit a bid for ALL line items. Quantity:1 Total:$6,846,271.59 Package Items 1.1 Mobilization (Not to Exceed 5% of TOTAL BASE BID, not including Trench and Excavation Safety or Bonds and Insurance) Quantity:1 UOM:LS Price:$417,758.00 Total:$417,758.00 1.2 Insurance and Bonding Quantity:1 UOM:LS Price:$231,838.00 Total:$231,838.00 1.3 Roadway Construction Control Quantity:1 UOM:LS Price:$197,390.00 Total:$197,390.00 1.4 Trench and Excavation Safety Systems Quantity:1 UOM:LS Price:$1,700.00 Total:$1,700.00 1.5 Clearing, Grubbing, and Demolition Quantity:1 UOM:LS Price:$861,791.00 Total:$861,791.00 1.6 Unclassified Excavation (Plan Quantity) Quantity:2100 UOM:CY Price:$34.37 Total:$72,177.00 1.7 Embankment (Plan Quantity) Quantity:1300 UOM:CY Price:$42.98 Total:$55,874.00 1.8 Undercut and Backfill Quantity:250 UOM:CY Price:$68.60 Total:$17,150.00 1.9 Rock Excavation Quantity:10 UOM:CY Price:$400.00 Total:$4,000.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 3 of 13 pages 1.10 Subgrade Preparation (Plan Quantity) Quantity:2109 UOM:SY Price:$4.96 Total:$10,460.64 1.11 4" Topsoil Placement (Yard Areas) Quantity:5175 UOM:SY Price:$27.00 Total:$139,725.00 1.12 12" Class III R.C. Pipe Quantity:7 UOM:LF Price:$57.14 Total:$399.98 1.13 18" Class III R.C. Pipe Quantity:22 UOM:LF Price:$99.55 Total:$2,190.10 1.14 24" Class III R.C. Pipe Quantity:21 UOM:LF Price:$150.95 Total:$3,169.95 1.15 18" Class III R.C. Flared End Section Quantity:1 UOM:EA Price:$1,500.00 Total:$1,500.00 1.16 24" Class III R.C. Flared End Section Quantity:1 UOM:EA Price:$2,080.00 Total:$2,080.00 1.17 Pipe Collar Quantity:5 UOM:EA Price:$864.00 Total:$4,320.00 1.18 Sidewalk Underdrain Quantity:1 UOM:EA Price:$2,020.00 Total:$2,020.00 1.19 4' Curb Inlet (Circular) Quantity:3 UOM:EA Price:$6,856.00 Total:$20,568.00 1.20 5' Curb Inlet (Circular) Quantity:2 UOM:EA Price:$8,315.00 Total:$16,630.00 1.21 4'x6' Curb Inlet (Rectangular) Quantity:2 UOM:EA Price:$12,087.00 Total:$24,174.00 1.22 4'x7' Curb Inlet (Rectangular) Quantity:2 UOM:EA Price:$12,220.00 Total:$24,440.00 1.23 Reconstruct Inlet Top with Extended Throat Quantity:4 UOM:EA Price:$4,961.00 Total:$19,844.00 1.24 4' Junction Box (Circular) Quantity:1 UOM:EA Price:$9,448.00 Total:$9,448.00 1.25 4'x6' Junction Box Quantity:1 UOM:EA Price:$15,238.00 Total:$15,238.00 1.26 4' Drop Inlet Extension Quantity:6 UOM:EA Price:$1,878.00 Total:$11,268.00 1.27 8' Drop Inlet Extension Quantity:6 UOM:EA Price:$3,757.00 Total:$22,542.00 1.28 Concrete Channel Paving Quantity:6 UOM:SY Price:$207.00 Total:$1,242.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 4 of 13 pages 1.29 Erosion Control Fabric (Scourstop) Quantity:25 UOM:SY Price:$98.00 Total:$2,450.00 1.30 6" Aggregate Base Course Quantity:2109 UOM:SY Price:$29.78 Total:$62,806.02 1.31 Asphalt Concrete Hot Mix Surface Course (ACHMSC) Quantity:2300 UOM:Ton Price:$186.86 Total:$429,778.00 1.32 Concrete Curb and Gutter (Type D) (1'-6") Quantity:7444 UOM:LF Price:$36.63 Total:$272,673.72 1.33 4" Thick Concrete Sidewalk Quantity:1559 UOM:SY Price:$106.47 Total:$165,986.73 1.34 4" Thick Concrete Sidewalk with Thickened Edge Quantity:444 UOM:SY Price:$138.11 Total:$61,320.84 1.35 6" Thick Concrete Sidewalk Quantity:390 UOM:SY Price:$138.24 Total:$53,913.60 1.36 Concrete Driveway Aprons Quantity:858 UOM:SY Price:$120.60 Total:$103,474.80 1.37 Asphalt Parking Lot Quantity:1452 UOM:SY Price:$75.88 Total:$110,177.76 1.38 Concrete Parking Lot Quantity:454 UOM:SY Price:$114.99 Total:$52,205.46 1.39 Concrete Retaining Wall Quantity:42 UOM:LF Price:$504.73 Total:$21,198.66 1.40 Modular Block Retaining Wall Quantity:304 UOM:SF Price:$123.76 Total:$37,623.04 1.41 Solid Sod Quantity:4915 UOM:SY Price:$4.70 Total:$23,100.50 1.42 Solid Sod (Zoysia) Quantity:260 UOM:SY Price:$14.33 Total:$3,725.80 1.43 Additional Watering Quantity:52 UOM:MG Price:$157.17 Total:$8,172.84 1.44 Remove and Replace Mailboxes Quantity:2 UOM:EA Price:$453.00 Total:$906.00 1.45 4" Pavement Marking (Paint) Quantity:705 UOM:LF Price:$3.40 Total:$2,397.00 1.46 6" Pavement Marking (Thermoplastic) Quantity:8324 UOM:LF Price:$1.64 Total:$13,651.36 1.47 12" Pavement Marking (Thermoplastic) Quantity:274 UOM:LF Price:$7.93 Total:$2,172.82 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 5 of 13 pages 1.48 24" Pavement Marking (Thermoplastic) Quantity:1120 UOM:LF Price:$16.99 Total:$19,028.80 1.49 Yield Lines (Thermoplastic) Quantity:9 UOM:LF Price:$28.31 Total:$254.79 1.50 Pavement Symbols (Arrows - Thermoplastic) Quantity:17 UOM:EA Price:$424.69 Total:$7,219.73 1.51 Pavement Symbols (ONLY - Thermoplastic) Quantity:6 UOM:EA Price:$509.63 Total:$3,057.78 1.52 Pavement Symbols (Handicap Symbol - Thermoplastic) Quantity:1 UOM:EA Price:$453.00 Total:$453.00 1.53 Pavement Symbols (Helmeted Bicyclist - Thermoplastic) Quantity:1 UOM:EA Price:$368.00 Total:$368.00 1.54 Preformed Brick Pattern (Thermoplastic) Quantity:2880 UOM:SF Price:$22.65 Total:$65,232.00 1.55 Standard Street Sign Installation Quantity:9 UOM:EA Price:$424.69 Total:$3,822.21 1.56 Erosion Control Quantity:1 UOM:LS Price:$29,126.00 Total:$29,126.00 1.57 Traffic Control and Maintenance (Phase 1) Quantity:1 UOM:LS Price:$208,823.00 Total:$208,823.00 1.58 Traffic Control and Maintenance (Phase 2) Quantity:1 UOM:LS Price:$10,758.00 Total:$10,758.00 1.59 Traffic Control and Maintenance (Phase 3) Quantity:1 UOM:LS Price:$5,662.00 Total:$5,662.00 1.60 Traffic Control and Maintenance (Phase 4) Quantity:1 UOM:LS Price:$10,758.00 Total:$10,758.00 1.61 Portable Changeable Message Sign Quantity:412 UOM:Day Price:$136.72 Total:$56,328.64 1.62 Aggregate Base for Roadway Maintenance Quantity:100 UOM:Ton Price:$86.73 Total:$8,673.00 1.63 Handicap Ramp Concrete Quantity:148 UOM:SY Price:$130.85 Total:$19,365.80 1.64 Project Signs Quantity:2 UOM:EA Price:$1,104.00 Total:$2,208.00 1.65 Cold Milling Asphalt Pavement Quantity:17254 UOM:SY Price:$6.51 Total:$112,323.54 1.66 Tree Protection Fencing Quantity:1200 UOM:LF Price:$4.35 Total:$5,220.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 6 of 13 pages 1.67 Portland Cement Concrete Base (6" U.T,) Quantity:51 UOM:SY Price:$137.84 Total:$7,029.84 1.68 8" Thick Colored Concrete Crosswalk (Apple Red) Quantity:320 UOM:SY Price:$223.14 Total:$71,404.80 1.69 6" Thick Stamped (Cobblestone) & Colored Concrete (Dark Granite) Quantity:145 UOM:SY Price:$415.82 Total:$60,293.90 1.70 8" Thick Portland Cement Concrete Pavement Quantity:4 UOM:SY Price:$193.09 Total:$772.36 1.71 4" Thick Colored Concrete (Dark Granite) Quantity:72 UOM:SY Price:$402.00 Total:$28,944.00 1.72 Decorative Fence Quantity:795 UOM:LF Price:$147.23 Total:$117,047.85 1.73 Decorative Fence (Custom) Quantity:460 UOM:LF Price:$226.50 Total:$104,190.00 1.74 Drop Inlet Adjusted to Grade Quantity:5 UOM:EA Price:$2,418.00 Total:$12,090.00 1.75 Junction Box Adjusted to Grade Quantity:1 UOM:EA Price:$3,670.00 Total:$3,670.00 1.76 Gravity Block Retaining Wall Quantity:1837 UOM:SF Price:$92.32 Total:$169,591.84 1.77 Concrete Wheel Stop Quantity:5 UOM:EA Price:$248.00 Total:$1,240.00 1.78 Detectable Warning Brick Paver Quantity:788 UOM:SF Price:$48.64 Total:$38,328.32 1.79 Seal Coat Quantity:452 UOM:SY Price:$10.19 Total:$4,605.88 1.80 System Local Controller TS2-Type 2, E-Net (8 Phases) Quantity:1 UOM:EA Price:$46,998.00 Total:$46,998.00 1.81 Traffic Signal Controller (Modification) Quantity:14 UOM:EA Price:$1,075.88 Total:$15,062.32 1.82 Ethernet Switch, T100 Hardened (8-Port) Quantity:1 UOM:EA Price:$2,378.00 Total:$2,378.00 1.83 E-Net Cable (Exterior Cat 5E) Quantity:62 UOM:LF Price:$3.40 Total:$210.80 1.84 Local Radio (E-Net 5.8) With Antenna Quantity:1 UOM:EA Price:$1,359.00 Total:$1,359.00 1.85 Battery Backup System Quantity:2 UOM:EA Price:$22,366.00 Total:$44,732.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 7 of 13 pages 1.86 Traffic Signal Head, LED, (3 Section, 1 Way) Quantity:8 UOM:EA Price:$1,642.00 Total:$13,136.00 1.87 Traffic Signal Head, LED, (4 Section, 1 Way) Quantity:5 UOM:EA Price:$1,936.00 Total:$9,680.00 1.88 Central Control Unit Quantity:2 UOM:EA Price:$7,021.00 Total:$14,042.00 1.89 Pole Mounted Assembly Quantity:16 UOM:EA Price:$1,868.00 Total:$29,888.00 1.90 Countdown Pedestrian Signal Head, LED Quantity:16 UOM:EA Price:$1,257.00 Total:$20,112.00 1.91 Traffic Signal Cable (5C/12 A.W.G.) Quantity:2033 UOM:LF Price:$4.53 Total:$9,209.49 1.92 Traffic Signal Cable (5C/14 A.W.G.) Quantity:1651 UOM:LF Price:$5.10 Total:$8,420.10 1.93 Traffic Signal Cable (7C/14 A.W.G.) Quantity:252 UOM:LF Price:$7.93 Total:$1,998.36 1.94 Traffic Signal Cable (20C/14 A.W.G.) Quantity:776 UOM:LF Price:$12.46 Total:$9,668.96 1.95 Electrical Conductors-In-Conduit (1C/8 A.W.G., E.G.C.) Quantity:1336 UOM:LF Price:$2.27 Total:$3,032.72 1.96 Electrical Conductors-In-Conduit (2C/6 A.W.G.) Quantity:87 UOM:LF Price:$6.00 Total:$522.00 1.97 Galvanized Steel Conduit (2") Quantity:14 UOM:LF Price:$62.14 Total:$869.96 1.98 Non-Metallic Conduit (2") Quantity:71 UOM:LF Price:$31.13 Total:$2,210.23 1.99 Non-Metallic Conduit (3") Quantity:1069 UOM:LF Price:$47.57 Total:$50,852.33 1.100 Concrete Pull Box (Type 2) Quantity:7 UOM:EA Price:$1,981.00 Total:$13,867.00 1.101 Concrete Pull Box (Type 1 HD) Quantity:1 UOM:EA Price:$1,810.00 Total:$1,810.00 1.102 Concrete Pull Box (Type 2 HD) Quantity:4 UOM:EA Price:$2,070.00 Total:$8,280.00 1.103 Traffic Signal Mast Arm And Pole With Foundation (50') Quantity:1 UOM:EA Price:$46,998.00 Total:$46,998.00 1.104 Traffic Signal Pedestal Pole With Foundation Quantity:14 UOM:EA Price:$5,060.00 Total:$70,840.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 8 of 13 pages 1.105 Service Point Assembly (2 Circuits) Quantity:1 UOM:EA Price:$6,850.00 Total:$6,850.00 1.106 Removal Of Traffic Signal Equipment Quantity:1 UOM:LS Price:$8,490.00 Total:$8,490.00 1.107 18" Street Name Sign (Install Only) Quantity:1 UOM:EA Price:$700.00 Total:$700.00 1.108 Video Cable Quantity:424 UOM:LF Price:$2.88 Total:$1,221.12 1.109 Video Detector (IP) Quantity:4 UOM:LF Price:$5,520.00 Total:$22,080.00 1.110 Video Cable (Exterior CAT 5E) Quantity:686 UOM:EA Price:$3.45 Total:$2,366.70 1.111 Video Monitor (CLR) Quantity:1 UOM:EA Price:$290.00 Total:$290.00 1.112 Central Control Unit (8 Channel) Quantity:1 UOM:EA Price:$63,250.00 Total:$63,250.00 1.113 Adjust Water Valve to Grade Quantity:1 UOM:EA Price:$860.00 Total:$860.00 1.114 Adjust Sanitary Sewer Manhole to Grade Quantity:8 UOM:EA Price:$1,747.00 Total:$13,976.00 1.115 Remove, Salvage, and Reinstall Monument Sign Quantity:1 UOM:EA Price:$10,833.00 Total:$10,833.00 1.116 Reinforced Concrete Wall System with Native Stone Veneer Quantity:460 UOM:LF Price:$436.78 Total:$200,918.80 1.117 Benches, Installed Quantity:3 UOM:EA Price:$3,183.00 Total:$9,549.00 1.118 Trash Receptacles, Installed Quantity:3 UOM:EA Price:$3,577.00 Total:$10,731.00 1.119 Bus Shelters, Installed Quantity:1 UOM:EA Price:$87,285.00 Total:$87,285.00 1.120 Placemaking Elements Quantity:2 UOM:EA Price:$25,126.00 Total:$50,252.00 1.121 Precast Monument Base Quantity:6 UOM:EA Price:$5,700.00 Total:$34,200.00 1.122 Trees Quantity:24 UOM:EA Price:$497.00 Total:$11,928.00 1.123 Plantings Quantity:360 UOM:SF Price:$20.10 Total:$7,236.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 9 of 13 pages 1.124 Irrigation Quantity:1 UOM:LS Price:$3,873.00 Total:$3,873.00 1.125 Street Lighting Assembly & Associated Hardware (Standard Foundation), Installed Quantity:8 UOM:EA Price:$33,408.00 Total:$267,264.00 1.126 Street Lighting Assembly & Associated Hardware (Shallow Foundation), Installed Quantity:3 UOM:EA Price:$34,088.00 Total:$102,264.00 1.127 Pedestrian Lighting Assembly & Associated Hardware (Standard Foundation), Installed Quantity:29 UOM:EA Price:$13,306.00 Total:$385,874.00 1.128 Pedestrian Lighting Assembly & Associated Hardware (Shallow Foundation), Installed Quantity:9 UOM:EA Price:$13,873.00 Total:$124,857.00 1.129 ACHM Pavement Permanent Repair Quantity:150 UOM:SY Price:$304.00 Total:$45,600.00 1.130 Electrical Service Connection Quantity:1 UOM:LS Price:$39,637.00 Total:$39,637.00 1.131 Irrigation and Landscape Repairs (Allowance) Quantity:1 UOM:LS Price:$12,000.00 Total:$12,000.00 1.132 Concrete Steps Quantity:7 UOM:SY Price:$667.00 Total:$4,669.00 1.133 Stockpiling and Testing of Excess Material Quantity:1 UOM:LS Price:$27,730.00 Total:$27,730.00 1.134 Disposal of Hazardous Material Quantity:100 UOM:CY Price:$517.46 Total:$51,746.00 1.135 Inlet/Junction Box Backopening Quantity:2 UOM:EA Price:$2,500.00 Total:$5,000.00 2 Package Header PACKAGE B - WATER SCOPE The City intends to award whole Bid to single Contractor. Bidders shall submit a bid for ALL line items. Quantity:1 Total:$1,847,362.90 Package Items 2.1 12-Inch DR-14 PVC C900 Water Main Quantity:3000 UOM:LF Price:$104.42 Total:$313,260.00 2.2 8-Inch DR-14 PVC C900 Water Main Quantity:700 UOM:LF Price:$90.60 Total:$63,420.00 2.3 6-Inch DIP CL350 Water Main Quantity:60 UOM:LF Price:$84.94 Total:$5,096.40 2.4 4-Inch DR-14 PVC C900 Water Main Quantity:20 UOM:LF Price:$73.61 Total:$1,472.20 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 10 of 13 pages 2.5 2" SIDR-7 HDPE Service Line Quantity:360 UOM:LF Price:$50.96 Total:$18,345.60 2.6 1" CTS Coated Copper Tubing Service Line Quantity:200 UOM:LF Price:$56.63 Total:$11,326.00 2.7 1" HDPE Service Line Quantity:625 UOM:LF Price:$39.64 Total:$24,775.00 2.8 12"X12" Tapping Sleeve Quantity:1 UOM:EA Price:$11,325.00 Total:$11,325.00 2.9 8"X8" Tapping Sleeve Quantity:4 UOM:EA Price:$10,192.00 Total:$40,768.00 2.10 6"X6" Tapping Sleeve Quantity:1 UOM:EA Price:$8,494.00 Total:$8,494.00 2.11 4"X4" Tapping Sleeve Quantity:1 UOM:EA Price:$5,096.00 Total:$5,096.00 2.12 2"X2" Tapping Saddle Quantity:2 UOM:EA Price:$3,964.00 Total:$7,928.00 2.13 12"X2" Service Saddle and 2" Ball Valve w/Box Quantity:10 UOM:EA Price:$2,378.00 Total:$23,780.00 2.14 8"X2" Service Saddle Quantity:1 UOM:EA Price:$1,698.00 Total:$1,698.00 2.15 8"X1" Service Saddle Quantity:6 UOM:EA Price:$1,245.75 Total:$7,474.50 2.16 12" Butterfly Valve w/Box Quantity:7 UOM:EA Price:$14,722.00 Total:$103,054.00 2.17 12" Gate Valve Quantity:1 UOM:EA Price:$9,626.00 Total:$9,626.00 2.18 8" Gate Valve w/Box Quantity:18 UOM:EA Price:$7,361.00 Total:$132,498.00 2.19 6" Gate Valve w/Box Quantity:8 UOM:EA Price:$6,228.00 Total:$49,824.00 2.20 4" Gate Valve w/Box Quantity:1 UOM:EA Price:$5,096.00 Total:$5,096.00 2.21 2" Gate Valve w/Box Quantity:1 UOM:EA Price:$3,963.00 Total:$3,963.00 2.22 16-Inch Min. Diameter Steel Encasement by Direct Bury Quantity:70 UOM:LF Price:$509.63 Total:$35,674.10 2.23 Cut and Cap Existing Water Main Quantity:13 UOM:EA Price:$3,964.00 Total:$51,532.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 11 of 13 pages 2.24 Connect New Water Main To Existing Water Main Quantity:9 UOM:EA Price:$5,379.00 Total:$48,411.00 2.25 Salvage Existing Fire Hydrant Quantity:1 UOM:EA Price:$1,019.00 Total:$1,019.00 2.26 Abandon Existing Valve Quantity:9 UOM:EA Price:$962.00 Total:$8,658.00 2.27 Abandon Existing Meter Setting and Service Line Quantity:18 UOM:EA Price:$1,245.00 Total:$22,410.00 2.28 New Single Water Meter Setting Quantity:15 UOM:EA Price:$3,964.00 Total:$59,460.00 2.29 Reconnect Existing Meter (Single) Quantity:2 UOM:EA Price:$3,125.00 Total:$6,250.00 2.30 Reconnect Existing Meter (Double) Quantity:2 UOM:EA Price:$3,510.00 Total:$7,020.00 2.31 Connect New Water Service Line to Existing Service Line Quantity:16 UOM:EA Price:$2,038.00 Total:$32,608.00 2.32 Three-Way Fire Hydrant Assembly Quantity:7 UOM:EA Price:$10,758.00 Total:$75,306.00 2.33 Ductile Iron Fittings Quantity:3750 UOM:LB Price:$17.00 Total:$63,750.00 2.34 12" Anchor Collar Quantity:1 UOM:EA Price:$5,322.00 Total:$5,322.00 2.35 8" Anchor Collar Quantity:4 UOM:EA Price:$4,190.00 Total:$16,760.00 2.36 Temporary Asphalt Pavement Repair Quantity:2000 UOM:SY Price:$53.22 Total:$106,440.00 2.37 Permanent Pavement Repair Quantity:350 UOM:SY Price:$170.52 Total:$59,682.00 2.38 Full Depth Class 7 ABC Backfill Quantity:5000 UOM:LF Price:$32.73 Total:$163,650.00 2.39 Flowable Fill To Fill Existing Water and Sewer Mains Quantity:3600 UOM:LF Price:$33.98 Total:$122,328.00 2.40 8-Inch PVC SDR-26 PVC Sanitary Sewer Quantity:360 UOM:LF Price:$96.26 Total:$34,653.60 2.41 6-Inch PVC SDR-26 PVC Sanitary Sewer Quantity:25 UOM:LF Price:$84.94 Total:$2,123.50 2.42 Abandon Existing Manhole Quantity:2 UOM:EA Price:$3,737.00 Total:$7,474.00 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 12 of 13 pages 2.43 Remove Existing Manhole Quantity:3 UOM:EA Price:$5,096.00 Total:$15,288.00 2.44 Cut and Plug Existing Santiary Sewer Quantity:2 UOM:EA Price:$3,114.00 Total:$6,228.00 2.45 4' Diameter Manhole with Standard Frame and Cover Quantity:2 UOM:EA Price:$8,493.00 Total:$16,986.00 2.46 4' Diameter Drop Manhole with Standard Frame and Cover Quantity:2 UOM:EA Price:$9,626.00 Total:$19,252.00 2.47 4' Diameter Flat-Top Manhole Quantity:1 UOM:EA Price:$10,758.00 Total:$10,758.00 3 Package Header DEDUCTIVE ALTERNATE #1 Quantity:1 Total:$-68,980.00 Package Items 3.1 Traffic Control and Maintenance (Phase 3) - Line Item #59 Quantity:1 UOM:LS Price:$-5,000.00 Total:$-5,000.00 3.2 8" Thick Colored Concrete Crosswalk (Apple Red) - Line Item #68 Quantity:320 UOM:SY Price:$-194.00 Total:$-62,080.00 3.3 Traffic Signal Controller (Modification) - Line Item #81 Quantity:2 UOM:EA Price:$-950.00 Total:$-1,900.00 Response Total: $8,624,654.49 Vendor: Benchmark Construction Company Bid 24-48 Addendum 4Page 13 of 13 pages I N S U R A N C E 5500 Euper Lane PO Box 3529 Ft. Smith, AR 72913 (479) 452-4000 www.bhca.com KNOW ALL MEN BY THESE PRE"ENTS. that we Bid Bond (Here insert full name and addreJs or legal title of Contracror) Benchmark Construction of NWA, Inc. 333 West Poplar, Ste A Fayetteville, AR 72703 ac Principal, berein3fter called the Principal, and ( HPTP in.�Prt fi,U nmnP onrl mldr,,.u /'JT fpgnl titlP nf SurPty) Westfield Insurance Company P.0. Box 5001 Westfield Center, OH 44251-5001 a corporation duly organized under tJ1c: law!> of 1hc Slate of Ohio as Surety, hereinafter called the Surety, arc held and firmly bound unto fH1Jr11 i,,s11r1 full nam11 nnd addr11s.r or ill9al tit/11 of Owm,r) City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 as ObJigee. hereinafter c.illed the 01:iligec. in the -;um of FIVE PERCENT OF THE TOTAL AMOUNT BID T>ulhm; (S 5% ), ior lht: pc1ymc:m of which i:um well imd truly to be M:>Je, the s:.id Principal and the &aid Surety, bind ouc£clves, our heirs, executors, administrators, successors and assigns, joinc1y and severally, firmly by these presents. WHERF.AS, the Principal has submitted a bid for College Ave North St to Sycamore Improvements (Here insert full name, addre.u ,wd dr.u:r-iption nf p1oject) NOW, THEREFORE. if 1he Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the OhlieP.e in :icr.nrcfanrP with tht>. rermi; of i.11c-h bid, :ind give s:uch bond o,- bonds !lS m:iy be -'pecified in the bidding or Concract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt paymen1 of labor and ma�rial furnished in the prosecution thereof, or in che event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligce the difference not to exceed the penalty hereof between tbe amou:ll specified in said bid and such larger amount for which the Obligee may in good faith contr4ct with i:.nothcr p4rty io perform the Work covered by .)aid bid, then thi.) obligation :;hall be null 411d void, otherwise to remain in full force and effect. Signed and seak<l lhis �� �o. m e!CtuJ\.L (WiUU!.Sl) 19th day of November �, �n�h�ark Construction of NWA, Inc. -..- -.... �nc1pal) { !f 2 :s: -21> �;.;.?(Title) " J 2024 {Seal) c;,£0 Westfield Insurance Company --�-�-------(Surety) '\. (SPnlj ice , Attorney-In-Fact AJA Oocument A3101'11 -1970. CopyrlghtC 1963 and 1970 by T"l8 American lns�tute of Arc."litec'.s. General Power of Attorney CERTIFIED COPY POWER NO. 0320052 05 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by n1ese Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELO NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations. hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existlng under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint SCOTT R. CLARK, MARTY C. CLARK, SHANNON C. SCHMIDLY, ELIZABETH A. SOLOMON, MARY ANN JUSTICE, USA MCCLURE, PAXTON CLARK, GRAVES SCHMIOLY, SUZANNE NIEDZWIEDZ, JOINTLY OR SEVERALLY of FORT SMITH and State of AR its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts ofsuretyship in any penal limit. -- - - -- - -- - -- - - . . - - - - . . . . - - - - . - . . - - - • . . . - - - - - . - -- - - - - . -. LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS.and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed. with the corporate seal of.the applicable Company and duly attested by its Secretary, hereby ratifying and connrming all that the said Attorney(s)-in-Fact may do in tl1e premises. Said appointment is made under and by authority of th·e following resolution adopted by the Boar.d of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President. any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company suqject to the following provisions: The Attorney-in-Fact may be given full power and authority For and in the name of and on behalf or the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of lnd�mnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved. that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which ft is attached." (Each· adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed .this 27th day of JANUARY AD., 2023 . ".,.u••ua,,.,, ,H1UU114,, Corporate �,·�,�II ft,4 ,;•-.,, ,,,•'' 1oNAL. ''•,,, Seals /.,..."' ,,.. ••••••••• "'C'�'"' ,•'_.._� ........ IJ\/., ', ....,.... ••v .... .. .. ,... . •• u.,.' .... Afr• ed "r 'lllla,o " ..'Q ,• •.�•, IX J !Jfi,/ \� \ • • • ,- • i i-�··'. s?!·AL �:1 liif/ -...�?. • L j:': :ii:: SEAL :n: \�\··, .. ��/ !) \�>···············<��} , ........ _.,,., , * ' -..., ........... ,,.,,, •• ,11111111'' 1 � State of Ohio County of Medina ss.: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY L 7: 1 ·� By: c·i 1 Ga,y W. tumpe,, NaHona(u,ety Leade, and · Senior Executive On this 27th day of JANUARY A.D., 2023 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn. did depose and say. that he resides In Medina, OH; that he Is National Surety Leader and S. enior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPAl')IY and OHIO FARMERS [NSURANCE COMPANY. the companies described in and whichexecuted the above instrument; that he knows the seals or said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed State of Ohio County of Medina ss.: David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary Qf WESTFIELD INSU�NCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and fore.going is a true and correct copy of a Power of Attorney. executed by said Companies, whfch is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wil'nl·ss W.heregf,_, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 19th day of November A.o.2u.::A · ........... no ... .,.,, 1''�IIIUh1,f • � ....... ,,,,, ;·· �,�IIJI.(,.. ..... •'' oNAl ,,,, •·•·•·· \t!iS. u11:�,,,, I<)'..":-··-·····"!.('�·�.. ··'�\'-�.\ ....... ft\1/-,, �/:e.\ ...... -� ... --.,,, I �f/ ...,. -. .. Cl\ lo / ···.<.t;·-.:: �--r.:- - ··!''°" � �· . � [..::tsE·AL \.1.QJ tt/ \i\ t�ftf.WE1tifi.l r;;i Ai ..... -. f-' SEAL · =-· : = s _.... ; °"\. 1'}:,, :c • . •m: t:::;\ :i:i i'1.r••"'Y -'\�·.. ,- S \�\ /r,j \�•. l84B /�1 .,. ·,. / � �--;,·.. t •••• o ..... � � • ·· ... ·· T_-F k A c · s t ..., •••• ,_. .. / - •. • , -i., ••••••••• • •• -ran . arrmo, ecre ary,, ,, ... ,., . . . . . . . . ..... ,. ...... "' ,, .. ,, .......... , �J� ''•1,,,,11.!n•"'''"'" ,,,,,.,;,1111n'''.,," BPOAC2 (combined) (03-22) Rev. 11-29-99 Rev. 1-14-15 Rev. 12-13-16 ARKANSAS DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION JOB 040887 NOTE: PROPOSED PARTICIPATION BY DBEs MAY BE SHOWN BELOW AND SUBMITTED WITH BIDDER’S PROPOSAL, OR THE REQUIRED INFORMATION MAY BE SUBMITTED IN KEEPING WITH THE STANDARD SPECIFICATIONS AND THE SPECIAL PROVISIONS “GOALS FOR DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION” AND “DISADVANTAGED BUSINESS ENTERPRISE BIDDER’S RESPONSIBILITIES”. As provided in the Special Provision “Goals for Disadvantaged Business Enterprise Participation”, the undersigned bidder proposes to use the certified DISADVANTAGED BUSINESS ENTERPRISE (DBE) subcontractors listed below to meet the goal of 6.00% of the total contract by DBEs. Only work or services that will actually be provided by the DBE firm(s) should be shown. NAME & ADDRESS LINE # ITEM DESCRIPTION AMOUNT $ If any firm listed above is a regular dealer, but not a manufacturer, the total amount of the agreement and the amount to be credited (60%) should be recorded on this form. Total for DBEs - $ or % of bid. By: (Contractor) Title: The named DBE subcontractors confirm their participation in the contract as provided in the commitment. DBE Firm: DBE Owner or Authorized Representative’s Signature: 1. 2. 3. 4. BENCHMARK CONSTRUCTION DBE PARTICIPATION SUMMARY CREATIVE DESIGN CONCEPTS CONCRETE BARRICADES 78,200.00 APAC ASPHALT ASPHALT HAULING 45,420.00 TIME STRIPING TRAFFIC CONTROL, STRIPING 232,472.00 EMS CONSTRUCTION FENCING 205,117.50 561,209.50 6.5 See attached See attached See attached See attached Benchmark Construction Company of NWA, Inc. CEO 205,117.5 DISADVANTAGED BUSINESS EN TERPRISE (DBE) PARTICIPATION College Avenue Improvements NOTE: PROPOSED PARTICIPATION BY DBEs MAY BE SHOWN BELOW AND SUBMITTED WITH BIDDER'S PROPOSAL, OR THE REQUIRED INFORMATION MAY BE SUBMITTED IN KEEPING WITH THE STANDARD SPECIFICATIONS AND THE SPECIAL PROVISIONS "GOALS FOR DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION" AND "DISADVANTAGED BUSINESS ENTERPRISE BIDDER'S RESPONSIBILITIES". As provided in the Special Provision "Goals for Disadvantaged Busi ness Enterprise Participation", the undersigned bidder proposes to use the ce1iified DISADVANTAGED BUSINESS ENTERPRISE (DBE) subcontractors listed below to meet the goal of 6.004% of the total contract by DBEs. Only work or services that will actually be provided by the DBE firm(s) should be shown. NAME & ADDRESS LINE# ITEM DESCRIPTION AMOUNT APAC Central 1.31 PG 70-22 Oil & Hauling $ 45,420 755 E. Millsap Rd Fayetteville, AR 72703 If any firm listed above is a regular dealer, but not a manufacturer, the total amount of the agreement and the amount to be credited (60%) should be recorded on this form. Total for DB Es - $ ____ 4 _5.._,4_2_0 _____ or _____ % of bid. APAC Central By: Doug Luetjen (Contractor) Title: Operations Manager of Construction & Estimating The named DBE subcontractors confirm their participation in the contract as provided in the commitment. DBE Firm: 1.EMS Hauling Inc -DBE Certified 2.PO Box 1808 Van Buren Arkansas 3.4 79-652-7 44 4.Amanda ems-hauling.com DBE Owner or uthc1rized Representarive·s Si,mun,re: Rev. 11-29-99 Rev. 1-14-15 Rev. 12-13-16 ARKANSAS DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION JOB 040887 NOTE: PROPOSED PARTICIPATION BY DBEs MAY BE SHOWN BELOW AND SUBMITTED WITH BIDDER’S PROPOSAL, OR THE REQUIRED INFORMATION MAY BE SUBMITTED IN KEEPING WITH THE STANDARD SPECIFICATIONS AND THE SPECIAL PROVISIONS “GOALS FOR DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION” AND “DISADVANTAGED BUSINESS ENTERPRISE BIDDER’S RESPONSIBILITIES”. As provided in the Special Provision “Goals for Disadvantaged Business Enterprise Participation”, the undersigned bidder proposes to use the certified DISADVANTAGED BUSINESS ENTERPRISE (DBE) subcontractors listed below to meet the goal of 6.00% of the total contract by DBEs. Only work or services that will actually be provided by the DBE firm(s) should be shown. NAME & ADDRESS LINE # ITEM DESCRIPTION AMOUNT $ If any firm listed above is a regular dealer, but not a manufacturer, the total amount of the agreement and the amount to be credited (60%) should be recorded on this form. Total for DBEs - $ or % of bid. By: (Contractor) Title: The named DBE subcontractors confirm their participation in the contract as provided in the commitment. DBE Firm: DBE Owner or Authorized Representative’s Signature: 1. 2. 3. 4. 57 PH 1 TRAFFIC CONTROL PRE CAST CONCRETE BARRICADES 78,200.00 CREATIVE DESIGN CONCEPTS 78,200.00 PO BOX 429 VAN BUREN, AR 72957 Creative Design Concepts, Inc. 2049 E. Joyce Blvd. Suite 105 Fayetteville, AR 72703 TEL 479.527.9100 FAX 479.527.9101 www.GarverUSA.com November 22, 2024 Matt Casey, PE Engineering Design Manager City of Fayetteville 113 W Mountain St. Fayetteville, AR 72701 Re: City of Fayetteville Bid 24-48, Construction – College Avenue Improvements (North to Sycamore) ARDOT Job 040887 Recommendation of Award Dear Matt: Bids were received for the “North St. – Sycamore St. (College Ave.) (Fayetteville) (S) " project in the online bid interface at 2:00 p.m. on November 19, 2024. The bids have been checked for accuracy and for compliance with the contract documents. A total of 3 bids were received on the project. Benchmark Construction Company of NWA, Inc. submitted the low bid for the project in the amount of $8,624,654.49. The Engineer’s Opinion of Probable Cost was $10,245,000.00 for this project. We recommend that the construction contract for "North St. – Sycamore St. (College Ave.) (Fayetteville) (S)" be awarded to Benchmark Construction Company of NWA, Inc. We believe that the award of this project to Benchmark Construction Company of NWA, Inc. represents the best value for the City. Please call me if you have any questions. Sincerely, GARVER, LLC Zach Moore, P.E. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-882 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: FROM: Mike Reynolds, Police Chief SUBJECT: 2024 Police Department Donations RECOMMENDATION: Staff recommends approval of a resolution and budget adjustment in the amount of $148 for the acceptance of donations received by the Fayetteville Police Department. BACKGROUND: Periodically, businesses, organizations, and/or citizens will make monetary donations to the Police Department. DISCUSSION: Victoria Crance has made monthly donations for police recognition totaling $148 in 2024. All donations were deposited into the City’s General Fund and are tracked through the City’s Project Accounting System. All purchases utilizing these funds must follow the City of Fayetteville Purchasing Policy. BUDGET/STAFF IMPACT: The budget impact will consist of an increase in expense budgets equal to the Police Department Donations received. There is no impact on staffing related to this agenda item. ATTACHMENTS: SRF (#3), BA (#4), SRM (#5), PAR (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-882 2024 Police Department Donations A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $148.00 RECOGNIZING DONATION REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $148.00 recognizing donation revenue to the Fayetteville Police Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations. City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 POLICE (200) Adjustment Number 2024 Requestor:Willie Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a budget adjustment in the amount of $148 for the acceptance of donations received by the Fayetteville Police Department. COUNCIL DATE:12/17/2024 ITEM ID#:2024-882 Holly Black 11/25/2024 11:19 AM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241029TOTAL148148 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.200.2920-4809.00 -148 33044 6 RE Donations 1010.200.2920-5329.00 148 -33044 6 EX Recognition - Employee -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-881 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: FROM: Mike Reynolds, Police Chief SUBJECT: Budget Adjustment to Recognize State Forfeitures RECOMMENDATION: Staff recommends the approval of a resolution and a budget adjustment of $28,463 to recognize state forfeitures received through October 31, 2024. BACKGROUND: The Fayetteville Police Department receives forfeitures because of civil proceedings concerning currency or property seized during a criminal investigation. By policy of prosecution, civil proceedings of seized currency or property are adjudicated separately from the criminal case associated with seized assets, and civil proceedings of seizures follow the conviction of criminal charges unless a failure to appear or failure to answer occurs. Forfeitures received in the past are a direct result of the efforts of the officers assigned to the 4th Judicial District Drug Task Force (4th JDDTF), the local office of the Federal Drug Enforcement Administration (DEA), and the Financial Crimes Task Force of the Internal Revenue Service. By statute, federal and state forfeitures are to be spent for law enforcement purposes only and tracked within our project accounting system. All purchases utilizing these funds must follow the City of Fayetteville Purchasing Policy. DISCUSSION: Funds within this budget adjustment consist of state asset forfeiture funds resulting from civil proceedings of the 4th JDDTF. The 4th JDDTF received $63,201 in state asset forfeitures since December 2023. The 4th JDDTF retains 15% of the state asset forfeitures received, while the remaining 85% is allocated to member agencies based on their assigned staffing within the task force. The requested budget adjustment consists of the following forfeitures: State asset forfeitures to the 4th JDDTF in the amount of $9,481; and State asset forfeitures to the Fayetteville Police Department in the amount of $18,982. All funds received through asset forfeitures have restricted use for law enforcement purposes only. BUDGET/STAFF IMPACT: The expense budget will increase equal to the revenue received. There is no staffing impact related to this budget adjustment. ATTACHMENTS: SRF (#3), BA (#4), SRM (#5), PAR (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-881 Budget Adjustment to Recognize State Forfeitures A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $28,463.00 RECOGNIZING REVENUE ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $28,463.00 recognizing revenue associated with federal and state law enforcement forfeitures received from January 1, 2024 through October 31, 2024. City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division /Org2 POLICE (200) Adjustment Number 2024 Requestor:Willie Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Recognize and establish revenue and expense budgets for state and federal forfeitures received through October 31, 2024. COUNCIL DATE:12/17/2024 ITEM ID#:2024-881 Holly Black 11/25/2024 1:41 PM Budget Division Date TYPE:D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.20241029TOTAL28,463 28,463 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 2930.200.2960-4503.00 -9,481 33043 1 RE Forfeitures - DTF 2930.200.2960-5802.00 9,481 -33043 1 EX Vehicles & Equipment - base 1010.200.2920-4308.02 -18,982 33045 1 RE Public Safety Acts - Police Law Enforcement Trust 1010.200.2920-5802.00 18,982 -33045 1 EX Vehicles & Equipment - base -- -- -- -- -- -- -- -- -- -- -- -- -- -- 1 of 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-687 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Adoption of Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund. RECOMMENDATION: Staff recommends adoption of Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund BACKGROUND: Like many cities throughout the state and nation, the City of Fayetteville experiences issues with management of its stormwater utility system. These issues stem from many sources including, but not limited to, compliance with the mandated Municipal Separate Stormwater System (MS4) requirements, aging infrastructure, maintenance of system capacity, personnel to perform systematic inspections and the lack of formal drainage systems in many older areas of the City. To address these concerns, the City has historically funded the stormwater program through the Sales Tax Capital Improvement Program (CIP) and the Street Fund for capital and operational/maintenance functions, respectively. However, there are many needs within the City that require funding from these sources and, at least in recent years, the funding for stormwater has been inadequate to comprehensively address stormwater management within the City. To develop a comprehensive solution, additional funding is required for personnel and equipment as well as multiple capital projects, many of which will require more than $1 million dollars for each project. Given the current levels, it would take many years to address just one of those projects. In June 2018, the City Council recognized these needs and approved a consultant contract for a feasibility study (Resolution 131-18) and amended that agreement on two occasions (Resolutions 209-19 and 250-19) to provide additional investigation and details. That study was completed in August 2019 and updated in 2022 with more recent program costs, impervious area and associated fees. The Council also passed a resolution of intent to establish a stormwater utility in July 2022 (Resolution 157-22). DISCUSSION: The study recognized several areas that are currently underfunded, with the gap between the funding and actual costs to provide the services increasing every year. These needs include categories such as: • operation and maintenance • engineering and planning • regulatory compliance Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov • capital improvement projects The costs associated with these categories were based on a level and extent of service agreed upon by council early in the program discussions as well as estimates of future regulatory compliance costs and expansion of the stormwater system as Fayetteville continues to grow. The costs associated with the recommended stormwater utility program can be found below. Program Costs Current Budget Additional Needs Total Program Operation and Maintenance $998,441 $1,508,000 $2,506,441 Engineering and Planning $67,000 $122,000 $189,000 Regulatory Compliance $193,000 $274,000 $467,000 Stormwater CIP $200,000 $913,400 $1,113,400 Administrative $0 $324,000 $324,000 Total $1,458,441 $3,141,400 $4,599,841 In response to the completed study and the need to find a sustainable funding source for the stormwater management program, City staff has drafted Chapter 52, Stormwater Management and Water Quality Utility, for consideration by City Council. The proposed ordinance would establish an equitable funding source based on impervious areas, which can be directly correlated to the impact of any given property to the stormwater system. The fee is proposed to be billed to sewer users with the City limits in a tiered system. Properties with greater impervious areas would have a higher fee than smaller properties due to the increased impact to the system. If there are multiple sewer customers on a single property, the total impervious area would be allocated across those customers and the appropriate portion of the total fee billed to each customer. The proposed fee would provide funding, in addition to that already being allocated from existing sources, to operate and maintain as well as improve and expand the stormwater system. The fee tiers are as shown below. Tier Tier Range (by square footage of impervious area on a property) Billing Units Initial Monthly Fee ($1.35 per unit) 1 0≤2,000 1.25 $1.69 2 >2,000 to ≤ 3,500 2.75 $3.71 3 >3,500 to ≤ 5,000 4.25 $5.73 4 >5,000 to ≤ 6,500 5.75 $7.76 5 >6,500 to ≤ 8,000 7.25 $9.79 6 >8,000 Per Calc Billing Unit x Rate This fee will close the existing funding gap and will fund a program to adequately manage stormwater within the City of Fayetteville. The proposed program presents a sustainable and equitable method of funding. Staff have worked closely with the City Attorney’s office throughout the process and has modified the program to address the concerns that have been raised. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Staff have also worked to clarify the impact of this ordinance on the residents of Fayetteville. With the previous resolution of intent to implement the stormwater utility, the council also approved additional funding to complete the utility billing database and billing tool that would allow residents to search for their address and determine the proposed fee. This tool was made available on November 7, 2024, and the sanitary sewer account holders were notified by email if one was on file with the City or post card if no email was available. This process also allowed staff to take a closer look at the previously identified approximately 13% of the impervious area that was not previously allocated to a property with a sanitary sewer account. Each property was looked at individually during this process and the majority were able to be linked to an adjacent parcel. Currently, 7% of properties with impervious area have not been linked to a parcel with sanitary sewer service. These can be attributed to properties on the fringes of the City that may have a water service but be on septic, stand-alone parking areas and those properties that are exempted at the advice of the City Attorney. BUDGET/STAFF IMPACT: The proposal would initially generate approximately $3 million in additional funding to be allocated to the Stormwater Management and Water Quality program. ATTACHMENTS: SRF (#3), Exhibit A - Stormwater Management and Water Quality (#4), Letter of Support Stormwater Utility BWA (#5), Stormwater Article from Source (#6), IRWP Letter of Support Fayetteville Stormwater Utility (#7), Resolution of Intent to Enact Stormwater Fee – May 21, 2024 (#8), FYAC - Letter of Support (#9), City Attorney Memo 12-04-24 (#10) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-687 Adoption of Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund. AN ORDINANCE TO ENACT CHAPTER 52: STORMWATER MANAGEMENT UTILITY FEE INTO THE FAYETTEVILLE CODE OF ORDINANCES WHEREAS, during the last two decades, the frequency and intensity of major rain storms striking Fayetteville has continued to increase dramatically; and WHEREAS, the City of Fayetteville has worked diligently with our available revenues to improve and enhance our stormwater management facilities, but unfortunately flooding problems have continued as global warming has increased and created ever larger rain storms threatening to overwhelm our existing stormwater management facilities; and WHEREAS, the City Council of Fayetteville has enacted improved stormwater management requirements for new developments, but yet even larger and continual investments into the City’s stormwater management facilities are necessary to better handle the increasing rain storms that continue to intensify in number and in the amount of rainfall they deliver to Fayetteville; and WHEREAS, state law now authorizes cities to enact Stormwater Management Utilities to equitability, fairly, and efficiently raise revenue needed to fund necessary stormwater management facilities to better protect citizens’ homes, businesses, and institutions from the increasing dangers of flooding that we face now and which is likely to continue increasing in the future; and WHEREAS, the proposed Stormwater Management Utility Fee Chapter has been carefully crafted to ensure it is fair and reasonable and bears a reasonable relationship to the benefits conferred on those paying for and receiving its services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines and finds that Chapter 52: Stormwater Management Utility Fee with its Sustainable Credit Framework provision is fair and reasonable and bears a reasonable relationship to the benefits conferred on those paying for and receiving its services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts Chapter 52: Ordinance: File Number: 2024-687 Page 2 Stormwater Management Utility Fee into the Fayetteville Code of Ordinances. Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2024-687 Item ID 11/19/2024 City Council Meeting Date - Agenda Item Only Adoption of Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund. N/A for Non-Agenda Item Action Recommendation: Submitted By Chris Brown ENGINEERING (621) Division / Department 10/30/2024 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY -1- CHAPTER 52: STORMWATER MANAGEMENT UTILITY FEE ARTICLE I – GENERAL PROVISIONS 52.01 - Purpose The Stormwater Management Utility Fee is hereby established to create an equitable, efficient, and dedicated funding source for stormwater management services in the City of Fayetteville and provide for the safety, preserve the health and promote the prosperity of Fayetteville residents, businesses and institutions. The purposes for the Stormwater Management Fee further include: (A) To establish an equitable, fair, efficient and dedicated funding source for stormwater management services in the City of Fayetteville, Arkansas in addition to other taxpayer funds so that better long- range planning can be achieved. (B) To lessen or deter hazards to persons, property and the environment caused by increased runoff, obstructions to drainage and introduction of excessive silts, debris and pollutants into the drainage system, lakes, ponds, streams, rivers and other water bodies in the City of Fayetteville, and to otherwise promote the public health, safety and welfare of the public . (C) To fund the City’s MS4 Stormwater Management Program for which it is expected to require a series of minimum control measures and report on their progress annually. In addition to new measures with each 5-year permit renewal, the City is projected to meet the population threshold of 100,000 by no later than 2030 and would be designated a medium MS4 community, triggering additional mandated activities. (D) To administer the National Flood Insurance Program and its Community Rating System which provides property owners with credits to reduce their flood insurance premiums, (E) To equitably and legally address drainage needs, also known as stormwater management, to protect public health, safety, and welfare and to reduce flooding on city streets thereby ensuring access of emergency vehicles to all properties within the City during flood events, by providing resources for construction, maintenance, and operation of stormwater facilities. (F) To implement additional watershed improvements of the City’s waters in general, and specifically, that of Beaver Lake, the City’s drinking water source, and the Illinois River. 52.02 - Definitions The following definitions shall apply to this chapter: Billing Unit shall mean the unit by which stormwater utility bills are calculated. A single billing unit shall be equal to 1,000 square feet of impervious area. Customer shall mean all persons or entities to whom the Stormwater Management Utility Fee is properly billed. A customer is further defined as a person or an entity billed for sanitary sewer services within the City limits. Credit shall mean a conditional, renewable reduction in the amount of the fee owed by a customer in accordance with the Sustainable Credit Framework. EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY -2- Public customer shall mean a local public agency including property of a school district within the City of Fayetteville. Public Stormwater System shall mean all stormwater conveyance systems located within the City of Fayetteville right-of-way or public drainage easements. All other stormwater conveyance systems shall be considered Private Stormwater Systems. Stormwater Management Utility Fee is the utility fee authorized by state law to provide necessary funds for a city to adequately address stormwater problems and needs through an equitable and fair utility fee derived from an expert analysis of the amount of impervious surface of each property which causes increased stormwater runoff that needs to be managed by the city to reduce or prevent flooding problems for our citizens and businesses. 52.03 - Applicability (A) The stormwater utility fee shall apply to all real property within the territorial jurisdiction of the City of Fayetteville for which sanitary sewer is provided by the City and upon which the City may constitutionally and legally assess such stormwater uti lity fee. (B) City-owned real property constituting the municipal drainage system, including public streets, public rights-of-way, drainage facilities, and related infrastructure is not served by a sanitary sewer and thus is not subject to a stormwater utility fee. (C) The requirements of this chapter do not relieve landowners, developers, other individuals, and entities from their responsibility for complying with the obligations of other po rtions of the Unified Development Code. 52.04—52.05 - Reserved ARTICLE II – STORMWATER MANAGEMENT UTILITY FUND 52.06 - Establishment of a Stormwater Management Utility Fund Pursuant to A.C.A. § 14-235-201 and other state law, the City of Fayetteville hereby creates a fund entitled the “Stormwater Management Utility Fund” for the purpose of segregating, identifying, and controlling revenues and expenses for operation of the City of Fayetteville Stormwater Management Program and other storm-related equipment, construction, materials, supplies or services attributable to these functions. The following revenue sources shall be deposited in said fund: (A) All revenue collected by or on behalf of the Stormwater Management Utility Fee. (B) Revenue from contributions in-lieu of onsite detention or from developers as contributions for required off-site drainage improvements, which may include bridge assessments. (C) Any interest earned on monies held in the Stormwater Management Utility Fund. (D) Any other revenue as may be determined appropriate by the City Council, including but not limited to general revenue, bond and grant proceeds. These revenues shall be used exclusively for the purposes listed in Article I – General Provisions. EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY -3- 52.07 – Authorization of a Stormwater Management Utility Fee The Stormwater Management Utility Fee is a utility fee that is hereby authorized to be charged on most real property within the City of Fayetteville, Arkansas. The fee shall be billable to the City’s Sewer Utility customers. The rate structure for the utility fee shall: (A) Be based on the square footage of impervious area on a property, (B) Be owner / customer type (residential, commercial, etc..)-neutral, (C) Use a billing unit of 1,000 square feet of impervious area, (D) Slot property within the following six-tier billing unit structure: Tier Tier Range (by square footage of impervious area on a property) Billing Units Initial Monthly Fee (Billing Unit times Billing Rate) 1 Less than 2,000 1.25 $1.69 2 2,001 to 3,500 2.75 $3.71 3 3,501 to 5,000 4.25 $5.73 4 5,001 to 6,500 5.75 $7.76 5 6,501 to 8,000 7.25 $9.79 6 More than 8,000 See (F) See (F) (E) For Tiers 1 through 5, the billing unit in the chart shall be multiplied by the billing rate per unit rounded down to the nearest cent. (F) For Tier 6, properties with impervious area greater than 8,000 square feet, the actual impervious area is divided by 1,000 and multiplied by the monthly rate per billing unit. (G) The initial rate per billing unit shall be $1.35. This rate shall be increased by 3% per year beginning in the January 2026 billing period. No rates shall increase after 203 1 without a further rate study. (H) Fees for sewer customers on properties with multiple sewer accounts shall be based on the individual sewer customer’s percentage of total impervious area of the property or properties that may be attributed to the customer’s account, included any areas of parking, common use areas, or other impervious area on the attributable properties. (I) Sewer customers or property owners may apply to have the fee for their property mitigated or reduced by the Sustainable Credit Framework. 52.08 – Initial Charge for the Stormwater Management Utility Fee The initial assessment of the Stormwater Management Utility Fee established shall be charged beginning one year after the effective date of the ordinance. 52.09 – Level and Extent of Service Policies The level of services funded by the Stormwater Management Utility Fees are dependent upon the amount of revenue generated by this Utility Fee, as well as possible general fund, sales tax bond, grants and other sources. These revenues shall fund the operation and maintenance, engineering and planning, regulatory compliance, stormwater capital improvements and administration of the City of Fayetteville’s MS4 Program. The most recently adopted version of the City of Fayetteville Drainage Criteria Manual and Green Stormwater Practices will serve as the basis for the extent of stormwater service related to: (A) Public roads, public rights of way and public detention ponds (detention pond maintenance limited to activities necessary for proper functionality), EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY -4- (B) Drainage features within existing dedicated public easements (excluding private commercial detention ponds). (C) These services extend to the downstream end of the first private infrastructure connected to the City of Fayetteville’s drainage system. (D) Prior to City accepting responsibility for any private stormwater system, its owner must dedicate a drainage easement to the City of sufficient size as determined by the City to allow access to and work on the drainage facilities with appropriate equipment. The City Engineer shall determine the sufficiency of the width and extent of easements. 52.10 - Reserved ARTICLE III – ADMINISTRATION 52.11 – Administration and Appeals (A) The City Engineer is responsible for the interpretation and administration of this chapter. (B) Owners may appeal the initial amount of the Stormwater Management Utility Fee credit allowed denial of exemption or other dispute to the City Engineer, who shall determine the validity of any such appeal. The City Engineer shall set forth the requirements of any such appeal in the Drainage Criteria Manual. The City Engineer shall report the amount of any requested credit to be allowed in writing to the appellant and maintain such record by the Engineering Department for at least one year. (C) After exhausting administrative means with the City Engineer, customers desiring to further appeal of an impervious area estimate, fee or credit can be heard by The City Water and Sewer Committee pursuant to Chapter 155: Appeals." 52.12 – Sustainable Credit Framework (A) A Sustainable Credit Framework will be established by the City Council that provides all Stormwater Management Utility customers with an opportunity to reduce their normal fees. Customers may qualify for renewable fee reductions by demonstrating activities or stormwater practices that increase the water quality and thereby reduce the water quality and quantity burden imposed on the City of Fayetteville’s drainage system. Activities eligible for credit include the following: (1) Compliance with an industrial stormwater permit. (2) Public customers that establish contracts, or Interlocal Cooperation Agreements, with the City under § 25-20-104 will receive a credit recognizing the value of their public efforts to reduce stormwater runoff, in accordance with the terms of the interlocal agreement. (3) Using shared parking lots to minimize the creation of new impervious area (4) Property retrofits using Water Quality, Flood, and Tree Mitigation Measures from the Drainage Criteria Manual. (5) Attendance at approved Stormwater Education Program and Stormwater Stewardship Activities. (6) Demonstration of no direct discharge of stormwater. EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY -5- (B) The final Sustainable Credit Framework , including appropriate application forms and instructions, will be developed and available to customers a minimum of 6 months in advance of the effective date of the initial collection of the Stormwater Management Utility Fee. 52.13 - Billing and collection The Stormwater Management and Fee shall be administered and collected in the same manner as the City’s sewer utility. 52.14—52.15 - Reserved Becky Roark Executive Director, Beaver Watershed Alliance PO Box 762 Elkins, AR 72727 Becky@beaverwatershedalliance.org 479-305-9701 April 10, 2024 City of Fayetteville Council Members 113 West Mountain St. Fayetteville, AR 72701 RE: Support for Stormwater Utility Dear City of Fayetteville Council Members, I am writing to express strong support for the implementation of a stormwater utility in Fayetteville and its positive impact on the Beaver Lake watershed. Beaver Watershed Alliance is a 501c3 nonprofit watershed group, formed in 2011, working to protect, enhance and sustain Beaver Lake and the integrity of its watershed. We work closely with the City of Fayetteville and residents to engage the public in conservation stewardship, work alongside city staff to install green infrastructure and have celebrated many success stories in water quality achievements over the past decade. However, with the growth outpacing the resources for water quality protection and restoration needs, we believe that this initiative is crucial for the future of water quality in the Town Branch watershed and West Fork watershed, which are major tributaries to Beaver Lake, and an additional safeguard to keep high-quality drinking water rates low for residents. Increased urbanization and land development have led to a rise in stormwater runoff, which poses significant threats to water quality and ecosystem health. Pollution from sediment, nutrients, and contaminants can degrade water quality, harm aquatic life, and jeopardize public health. Sediments are costly to the drinking water utilities to remove and dispose. By implementing a stormwater utility, Fayetteville can take proactive measures to mitigate the adverse effects of stormwater runoff and protect the integrity of the Beaver Lake watershed. The revenue generated from a stormwater utility fee could be invested in critical infrastructure projects, including green infrastructure, detention pond management, and erosion control measures, which help to reduce runoff volume and pollutant loads. Additionally, funding can support educational programs and outreach efforts to raise awareness about the importance of watershed stewardship and encourage sustainable practices among residents and businesses. We urge you, as members of the City of Fayetteville Council, to consider the positive outcomes from the implementation of a stormwater utility as a critical step towards safeguarding the Beaver Lake watershed and ensuring a sustainable future for generations to come. Your leadership and commitment to environmental stewardship will not only benefit our community and watersheds today but leave a legacy of conservation and responsible resource management in our region. Thank you for your attention to this matter, and we look forward to seeing the City of Fayetteville continue as a leader in stormwater management and water quality protection. Sincerely, Becky Roark Executive Director Beaver Watershed Alliance becky@beaverwatershedalliance.org PO Box 205, Cave Springs, AR 72718 www.irwp.org May 7, 2024 Dear Fayetteville City Council, I am writing to express support of the Illinois River Watershed Partnership (IRWP) for the implementation of the stormwater utility fee as proposed by the city to support stormwater infrastructure maintenance, operations, water quality monitoring, and other stormwater infrastructure investment needs. Our region’s water quality is increasingly impacted by land cover and land use changes, increasing precipitation, and inadequate stormwater management functionality. Addressing stormwater volume and quality has become increasingly crucial not only for our communities and the region’s economy but also for our neighbors downstream. City staff have dedicated many hours to researching the proposed stormwater utility fee, including consulting with IRWP and other partners, that aims to raise necessary funds dedicated to stormwater management, a vital tool for addressing stormwater impacts. Most of the City of Fayetteville’s stormwater infrastructure is designed to manage floods. However, this stormwater utility will enable the city to maintain existing stormwater infrastructure, retrofit detention ponds, upgrade surface materials, stabilize streambanks, enhance riparian areas, and add vegetated strips and ditches, bioswales, and other proven best management practices. These types of investments are effective at managing stormwater by simultaneously protecting water quality and downstream property owners located throughout the City and on Clear Creek, Goose Creek, and other tributaries that convey stormwater away from Fayetteville. By developing a sustainable source of funds to invest in stormwater infrastructure, the city is also committing to progress toward meeting the Environmental Protection Agency (EPA) water quality standards, addressing flooding risks caused to downstream property owners and communities. The City of Fayetteville added 464 acres of impervious area within city limits between 2018 and 2022. With these rates of growth, a modest 1-inch storm is resulting in approximately 5.6 million gallons of additional stormwater runoff in Fayetteville (Table 1). Table 1: Gallons of Runoff in 1-inch Rain in Natural vs. Urbanized Land Cover Evapotranspiration Infiltration Runoff Natural Ground Cover 40% (5,039,782.4) 50% (6,299,728) 10% (1,259,945.60) Impervious Land Cover (75%-100%) 30% (3,779,836.8) 15% (1,889,918.4) 55% (6,929,700.8) -1,259,945.60 gallons -4,409,809.60 gallons +5,669,755.20 gallons Note: 1 inch rain, 1 acre = 27,154 gallons, 464 acres x 27,154 gallons, 12,599,456 gallons of water. PO Box 205, Cave Springs, AR 72718 www.irwp.org By funding stormwater practices that improve evapotranspiration, infiltration, and reduce runoff, downstream flooding can be significantly reduced and water quality can be improved. Reductions in nutrients and pollutants can be achieved through the implementation of various green infrastructure BMPs. A summary of estimated reductions are below. Table 2: Summary of Nutrient and Pollutant Reductions by BMP1 Nutrient Reductions: Nitrogen (N): Green roofs: 50-60% Bioretention cells: 40-70% Vegetated swales: 20-70% Phosphorus (P): Green roofs: 50-60% Bioretention cells: 40-70% Vegetated filter strips: 30-90% Pollutant Reductions: Sediment: Vegetated filter strips: 37-95% Permeable pavement: 60-90% Heavy Metals (e.g., copper, lead, zinc): Bioretention cells: 50-80% Infiltration trenches: 50-90% E. coli Wetland basin 64-86% These estimates can vary depending on factors such as design, climate, soil conditions, and maintenance practices. However, green infrastructure BMPs consistently demonstrate significant reductions in nutrients and pollutants compared to traditional stormwater management techniques, making them valuable tools for improving water quality in urban areas. We commend the city for thoroughly considering the equity in development of this fee. Currently, it is evident that the burden of stormwater falls disproportionately on lower-income residents who may lack the means to address stormwater issues on their properties. By establishing a stormwater utility fee, we can ensure that the costs are shared more fairly among all residents, thus promoting equity within our community. Furthermore, we commend the efforts to implement a modest annual increase to the fee. This approach provides stability while allowing for adjustments to keep pace with evolving needs and inflation. I also want to emphasize the potential for partnerships in addressing stormwater management with the many robust conservation organizations servicing Fayetteville. Since a credit system for reduction of impervious surface area is outlined, there are ways IRWP, the city, and others can work together to decrease runoff, educate citizens, and achieve other benefits like ecosystem services, cultural heritage perpetuation, add social infrastructure, and increase biodiversity and resilience in the urban landscape. By involving property owners and developers, we can collectively work towards reducing impervious surface areas where unnecessary and implement green infrastructure solutions that enhance community benefits, reduce heat island effects, and improve surface and groundwater quality. Initiatives such as loan programs for low or no-interest stormwater funds can incentivize developers to incorporate low-impact practices into their projects, reducing maintenance costs and benefiting both the environment and the community. Homeowners can take advantage of educational opportunities 1Sources: International Stormwater BMP Database: 2020 Summary Statistics; Minnesota Stormwater Manual, Median pollutant removal percentages for several BMPs; Barnstable/Yarmouth, United States Environmental Protection Agency (EPA), Nitrogen-reducing Green Infrastructure in Environmental Justice Communities; Abimbola, O. et al, (2021), Modeling and Prioritizing Interventions Using Pollution Hotspots for Reducing Nutrients, Atrazine and E. coli Concentrations in a Watershed; and other sources. PO Box 205, Cave Springs, AR 72718 www.irwp.org and cost-share programs through IRWP and other partners to install practices that qualify for credit. Program opportunities, for example, like through a partnership with the Arkansas Department of Agriculture - Natural Resources Division utilizing Clean Water State Revolving Funds. In conclusion, I urge the Fayetteville City Council to move forward with the implementation of a stormwater utility fee. As with Hot Springs, it will take a few years to implement and begin realizing the benefits to residents. However, there are many deferred stormwater projects that need to be addressed before the next rainfall. By taking proactive steps now, the city can better protect our community, enhance quality of life, and sustainably manage stormwater for the benefit of all. Thank you for considering our perspective on this important matter. Sincerely, Leif Kindberg Executive Director Illinois River Watershed Partnership (IRWP) Ph. 479.422.5676 leif@irwp.org Page 1 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 143-24 File Number: 2024-1836 INTENT TO ENACT STORMWATER UTILITY FEE (RESOLUTION OF INTENT): A RESOLUTION OF INTENT TO ENACT A STORMWATER UTILITY ORDINANCE AND ESTABLISH A STORMWATER MANAGEMENT AND WATER QUALITY FUND, AUTHORIZE ADDITIONAL SERVICES RELATED TO IMPLEMENTATION AND PUBLIC OUTREACH, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Engineering Division, the City Council Stormwater Committee, and the City Council Water & Sewer Committee have studied our community’s growing need to improve our stormwater management services; and WHEREAS, with the help of a professional consultant with extensive experience in creating Stormwater Utilities supported by appropriate and fair utility fees, these City Council committees and Engineering staff have devised the fairest Stormwater Management Utility Fee possible and recommend this ordinance to the full City Council for passage; and WHEREAS, the City Council has determined that the Stormwater Utility Fee is necessary to equitably and efficiently fund stormwater management services in order to provide for the safety, preserve the health, and promote the prosperity of Fayetteville residents, businesses, and institutions; and WHEREAS, the City Council also agrees with and adopts all the purposes explained in § 52.01 – Purpose of the proposed new code section; and WHEREAS, additional services authorized with this resolution of intent include development of the billing database and billing tool that would allow property owners and residents to view their proposed fee as a portion of the continued public outreach efforts, which could include engaging a consultant or additional temporary staff. 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 expresses its intent to enact Chapter 52 Stormwater Management Utility Fee as shown in Exhibit A attached hereto and made a part hereof. 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, to appropriate funds for additional services including development of the billing database and a billing tool to allow property owners and residents to view their proposed fees. Resolution: 143-24 File Number: 2024-1836 PASSED and APPROVED on May 21 , 2024 Page2 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-1836 MEETING OF MAY 21, 2024 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: Approval of a resolution of intent to adopt Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund, authorization to perform additional services and approval of a budget adjustment RECOMMENDATION: Staff recommends approval of a resolution of intent to adopt Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund, authorization to perform additional services and approval of a budget adjustment. BACKGROUND: Like many cities throughout the state and nation, the City of Fayetteville experiences issues with management of its stormwater utility system. These issues stem from many sources including, but not limited to, compliance with the mandated Municipal Separate Stormwater System (MS4) requirements, aging infrastructure, maintenance of system capacity, personnel to perform systematic inspections and the lack of formal drainage systems in many older areas of the City. To address these concerns, the City has historically funded the stormwater program through the Sales Tax Capital Improvement Program (CIP) and the Street Fund for capital and operational/maintenance functions, respectively. However, there are many needs within the City that require funding from these sources and, at least in recent years, the funding for stormwater has been inadequate to comprehensively address stormwater management within the City. To develop a comprehensive solution, additional funding is required for personnel and equipment as well as multiple capital projects, many of which will require more than $1 million dollars for each project. Given the current levels, it would take many years to address just one of those projects. In June, 2018, the City Council recognized these needs and approved with a consultant contract for a feasibility study (Resolution 131-18) and amended that agreement on two occasions (Resolutions 209-19 and 250-19) to provide additional investigation and details. That study was completed in August of 2019 and updated in 2022 with more recent program costs, impervious area and associated fees. The Council also passed a resolution of intent to establish a stormwater utility in July of 2022 (Resolution 157-22) DISCUSSION: The study recognized several areas that are currently underfunded, with the gap between the funding and actual costs to provide the services increasing every year. These needs include categories such as: Operation and Maintenance Engineering and Planning Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Regulatory Compliance Capital Improvement Projects The costs associated with these categories were based on a level and extent of service agreed upon by council early in the program discussions as well as estimates of future regulatory compliance costs and expansion of the stormwater system as Fayetteville continues to grow. The costs associated with the recommended stormwater utility program can be found below. Program Costs Current Budget Additional Needs Total Program Operation and Maintenance 998,441 $1,508,000 $2,506,441 Engineering and Planning 67,000 $122,000 $189,000 Regulatory Compliance 193,000 $274,000 $467,000 Stormwater CIP $200,000 $913,400 $1,113,400 Administrative $0 $324,000 $324,000 Total $1,458,441 $3,141,400 $4,599,841 In response to the completed study and the need to find a sustainable funding source for the stormwater management program, City staff has drafted Chapter 52, Stormwater Management and Water Quality Utility, for consideration by City Council. The proposed ordinance would establish an equitable funding source based on impervious areas, which can be directly correlated to the impact of any given property to the stormwater system. The fee is proposed to be billed to sewer users with the City limits in a tiered system. Properties with greater impervious areas would have a higher fee than smaller properties due to the increased impact to the system. If there are multiple sewer customers on a single property, the total impervious area would be allocated between those customers and the appropriate portion of the total fee billed to each customer. Staff have worked closely with the City Attorney’s office throughout the process and has modified the program to address the concerns that have been raised. The City Attorney has expressed concern over the legality of billing federal, state and county governments, and recommended that they be exempted. Staff has included a revised monthly fee that reflects this recommendation. The monthly fee is estimated to go to $1.35 per billing unit with those exemptions, which is a slight increase from the $1.30 per billing unit discussed previously. That change is reflected in the table below and in the attached draft of Chapter 52. The proposed fee would provide funding, in addition to that already being allocated from existing sources, to operate and maintain as well as improve and expand the stormwater system. The fee tiers are as shown below. Tier Tier Range (by square footage of impervious area on a property) Billing Units Initial Monthly Fee 1.35 per unit) 1 0 2,000 1.25 $1.69 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov 2 >2,000 to 3,500 2.75 $3.71 3 >3,500 to 5,000 4.25 $5.73 4 >5,000 to 6,500 5.75 $7.76 5 >6,500 to 8,000 7.25 $9.79 6 >8,000 Per Calc Billing Unit x Rate This fee will close the existing funding gap and will fully fund a program to adequately manage stormwater within the City of Fayetteville. The proposed program presents a sustainable and equitable method of funding. The additional services authorized with this proposal would include development of the billing database and billing tool that would allow property owners and residents to view their proposed fee as a portion of the continued public outreach efforts. This could include engaging a consultant and/or additional temporary staff. If a consultant is engaged, the contract for the services will be brought back to the council. However, council would be authorizing and to authorize the addition of up to 3.0 temporary full- time equivalent positions for the GIS and utility financial services to backfill existing employees related with the implementation of a Stormwater Utility with this resolution. This would bring the City one step closer to implementing the program. The anticipated schedule moving forward would be for the billing tool to be available to the public by October of this year and for the council to consider the ordinance adopting the program prior to the end of the year with the goal of the fee being included on sanitary sewer bills by August of 2025. Additional funding is anticipated to be necessary at the time of adoption of Chapter 52 for aerial imagery and impervious data in order to establish the baseline of impervious area for the program. BUDGET/STAFF IMPACT: The proposal would initially generate approximately $3 million in additional funding to be allocated to the Stormwater Management and Water Quality program. ATTACHMENTS: SRF (#3), BA (#4), Exhibit A - Stormwater Management and Water Quality - Final Draft (#5), 2024-4 Letter of Support_Stormwater Utility_BWA (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 File #: 2024-1836 Approval of a resolution of intent to adopt Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund, authorization to perform additional services and approval of a budget adjustment A RESOLUTION OF INTENT TO ENACT A STORMWATER UTILITY ORDINANCE AND ESTABLISH A STORMWATER MANAGEMENT AND WATER QUALITY FUND, AUTHORIZE ADDITIONAL SERVICES RELATED TO IMPLEMENTATION AND PUBLIC OUTREACH, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Engineering Division, the City Council Stormwater Committee, and the City Council Water & Sewer Committee have studied our community’s growing need to improve our stormwater management services; and WHEREAS, with the help of a professional consultant with extensive experience in creating Stormwater Utilities supported by appropriate and fair utility fees, these City Council committees and Engineering staff have devised the fairest Stormwater Management Utility Fee possible and recommend this ordinance to the full City Council for passage; and WHEREAS, the City Council has determined that the Stormwater Utility Fee is necessary to equitably and efficiently fund stormwater management services in order to provide for the safety, preserve the health, and promote the prosperity of Fayetteville residents, businesses, and institutions; and WHEREAS, the City Council also agrees with and adopts all the purposes explained in § 52.01 – Purpose of the proposed new code section; and WHEREAS, additional services authorized with this resolution of intent include development of the billing database and billing tool that would allow property owners and residents to view their proposed fee as a portion of the continued public outreach efforts, which could include engaging a consultant or additional temporary staff. 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 expresses its intent to enact Chapter 52 Stormwater Management Utility Fee as shown in Exhibit A attached hereto and made a part hereof. Resolution: 143-24 File Number: 2024-1836 Page 2 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, to appropriate funds for additional services including development of the billing database and a billing tool to allow property owners and residents to view their proposed fees. 5/2/2024 Submitted Date No 0.36$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 52,685.00$ 52,684.64$ Yes Yes 150,000.00$ 150,000.36$ 17008.1 Project Number Budget Impact: Stormwater Feasability Study Fund GeneralFund1010.090.6600-5314.00 Account Number Project Title City of Fayetteville Staff Review Form 2024-1836 Item ID 5/21/2024 City Council Meeting Date - Agenda Item Only Approval of a resolution of intent to adopt Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund, authorization to perform additional services and approval of a budget adjustment N/A for Non-Agenda Item Action Recommendation: Submitted By Chris Brown ENGINEERING (621) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # 131-18, 209-19, 250-19, 157-22 Approval Date: Original Contract Number: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Org2 ENGINEERING (621) Adjustment Number 2024 Requestor:Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a resolution of intent to adopt of Chapter 52, Stormwater Management and Water Quality Utility, of the City of Fayetteville Code or Ordinances establishing a Stormwater Management and Water Quality Fund, authorization to perform additional services and approval of a budget adjustment COUNCIL DATE:5/21/2024 ITEM ID#:2024-1836 Holly Black 5/3/2024 11:11 AM Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED:/ v.2024422TOTAL150,000 150,000 Increase / (Decrease)Project.Sub# Account Number Expense Revenue Project Sub.Detl AT AccountNameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X 1010.090.6600-5314.00 150,000 -17008 1 EX Professional Services 1010.001.0001-4999.99 -150,000 RE Use Fund Balance - Current 1 of 1 EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY 1- CHAPTER 52: STORMWATER MANAGEMENT UTILITY FEE ARTICLE I – GENERAL PROVISIONS 52.01 - Purpose The Stormwater Management Utility Fee is hereby established to create an equitable, efficient, and dedicated funding source for stormwater management services in the City of Fayetteville and provide for the safety, preserve the health and promote the prosperity of Fayetteville residents, businesses and institutions. The purposes for the Stormwater Management Fee further include: A) To establish an equitable, fair, efficient and dedicated funding source for stormwater management services in the City of Fayetteville, Arkansas in addition to other taxpayer funds so that better long- range planning can be achieved. B) To lessen or deter hazards to persons, property and the environment caused by increased runoff, obstructions to drainage and introduction of excessive silts, debris and pollutants into the drainage system, lakes, ponds, streams, rivers and other water bodies in the City of Fayetteville, and to otherwise promote the public health, safety and welfare of the public . C) To fund the City’s MS4 Stormwater Management Program for which it is expected to require a series of minimum control measures and report on their progress annually. In addition to new measures with each 5-year permit renewal, the City is projected to meet the population threshold of 100,000 by no later than 2030 and would be designated a medium MS4 community, triggering additional mandated activities. D) To administer the National Flood Insurance Program and its Community Rating System which provides property owners with credits to reduce their flood insurance premiums, E) To equitably and legally address drainage needs, also known as stormwater management, to protect public health, safety, and welfare and to reduce flooding on city streets thereby ensuring access of emergency vehicles to all properties within the City during flood events, by providing resources for construction, maintenance, and operation of stormwater facilities. F) To implement additional watershed improvements of the City’s waters in general, and specifically, that of Beaver Lake, the City’s drinking water source, and the Illinois River. 52.02 - Definitions The following definitions shall apply to this chapter: Billing Unit shall mean the unit by which stormwater utility bills are calculated. A single billing unit shall be equal to 1,000 square feet of impervious area. Customer shall mean all persons or entities to whom the Stormwater Management Utility Fee is properly billed. A customer is further defined as a person or an entity billed for sanitary sewer services within the City limits. Credit shall mean a conditional, renewable reduction in the amount of the fee owed by a customer in accordance with the Sustainable Credit Framework. EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY 2- Public customer shall mean a local public agency including property of a school district within the City of Fayetteville. Public Stormwater System shall mean all stormwater conveyance systems located within the City of Fayetteville right-of-way or public drainage easements. All other stormwater conveyance systems shall be considered Private Stormwater Systems. Stormwater Management Utility Fee is the utility fee authorized by state law to provide necessary funds for a city to adequately address stormwater problems and needs through an equitable and fair utility fee derived from an expert analysis of the amount of impervious surface of each property which causes increased stormwater runoff that needs to be managed by the city to reduce or prevent flooding problems for our citizens and businesses. 52.03 - Applicability A) The stormwater utility fee shall apply to all real property within the territorial jurisdiction of the City of Fayetteville for which sanitary sewer is provided by the City and upon which the City may constitutionally and legally assess such stormwater uti lity fee. B) City-owned real property constituting the municipal drainage system, including public streets, public rights-of-way, drainage facilities, and related infrastructure is not served by a sanitary sewer and thus is not subject to a stormwater utility fee. C) The requirements of this chapter do not relieve landowners, developers, other individuals, and entities from their responsibility for complying with the obligations of other portions of the Unified Development Code. 52.04—52.05 - Reserved ARTICLE II – STORMWATER MANAGEMENT UTILITY FUND 52.06 - Establishment of a Stormwater Management Utility Fund Pursuant to A.C.A. § 14-235-201 and other state law, the City of Fayetteville hereby creates a fund entitled the “Stormwater Management Utility Fund” for the purpose of segregating, identifying, and controlling revenues and expenses for operation of the City of Fayetteville Stormwater Management Program and other storm-related equipment, construction, materials, supplies or services attributable to these functions. The following revenue sources shall be deposited in said fund: A) All revenue collected by or on behalf of the Stormwater Management Utility Fee. B) Revenue from contributions in-lieu of onsite detention or from developers as contributions for required off-site drainage improvements, which may include bridge assessments. C) Any interest earned on monies held in the Stormwater Management Utility Fund. D) Any other revenue as may be determined appropriate by the City Council, including but not limited to general revenue, bond and grant proceeds. These revenues shall be used exclusively for the purposes listed in Article I – General Provisions. EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY 3- 52.07 – Authorization of a Stormwater Management Utility Fee The Stormwater Management Utility Fee is a utility fee that is hereby authorized to be charged on most real property within the City of Fayetteville, Arkansas. The fee shall be billable to the City’s Sewer Utility customers. The rate structure for the utility fee shall: A) Be based on the square footage of impervious area on a property, B) Be owner / customer type (residential, commercial, etc..)-neutral, C) Use a billing unit of 1,000 square feet of impervious area, D) Slot property within the following six-tier billing unit structure: Tier Tier Range (by square footage of impervious area on a property) Billing Units Initial Monthly Fee (Billing Unit times Billing Rate) 1 Less than 2,000 1.25 $1.69 2 2,001 to 3,500 2.75 $3.71 3 3,501 to 5,000 4.25 $5.73 4 5,001 to 6,500 5.75 $7.76 5 6,501 to 8,000 7.25 $9.79 6 More than 8,000 See (F) See (F) E) For Tiers 1 through 5, the billing unit in the chart shall be multiplied by the billing rate per unit rounded down to the nearest cent. F) For Tier 6, properties with impervious area greater than 8,000 square feet, the actual impervious area is divided by 1,000 and multiplied by the monthly rate per billing unit. G) The initial rate per billing unit shall be $1.35. This rate shall be increased by 3% per year beginning in the January 2026 billing period. No rates shall increase after 203 1 without a further rate study. H) Fees for sewer customers on properties with multiple sewer accounts shall be based on the individual sewer customer’s percentage of total impervious area of the property or properties that may be attributed to the customer’s account, included any areas of parking, common use areas, or other impervious area on the attributable properties. I) Sewer customers or property owners may apply to have the fee for their property mitigated or reduced by the Sustainable Credit Framework. 52.08 – Initial Charge for the Stormwater Management Utility Fee The initial assessment of the Stormwater Management Utility Fee established shall be charged beginning one year after the effective date of the ordinance. 52.09 – Level and Extent of Service Policies The level of services funded by the Stormwater Management Utility Fees are dependent upon the amount of revenue generated by this Utility Fee, as well as possible general fund, sales tax bond, grants and other sources. These revenues shall fund the operation and maintenance, engineering and planning, regulatory compliance, stormwater capital improvements and administration of the City of Fayetteville’s MS4 Program. The most recently adopted version of the City of Fayetteville Drainage Criteria Manual and Green Stormwater Practices will serve as the basis for the extent of stormwater service related to: A) Public roads, public rights of way and public detention ponds (detention pond maintenance limited to activities necessary for proper functionality), EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY 4- B) Drainage features within existing dedicated public easements (excluding private commercial detention ponds). C) These services extend to the downstream end of the first private infrastructure connected to the City of Fayetteville’s drainage system. D) Prior to City accepting responsibility for any private stormwater system, its owner must dedicate a drainage easement to the City of sufficient size as determined by the City to allow access to and work on the drainage facilities with appropriate equipment. The City Engineer shall determine the sufficiency of the width and extent of easements. 52.10 - Reserved ARTICLE III – ADMINISTRATION 52.11 – Administration and Appeals A) The City Engineer is responsible for the interpretation and administration of this chapter. B) Owners may appeal the initial amount of the Stormwater Management Utility Fee credit allowed denial of exemption or other dispute to the City Engineer, who shall determine the validity of any such appeal. The City Engineer shall set forth the requirements of any such appeal in the Drainage Criteria Manual. The City Engineer shall report the amount of any requested credit to be allowed in writing to the appellant and maintain such record by the Engineering Department for at least one year. C) After exhausting administrative means with the City Engineer, customers desiring to further appeal of an impervious area estimate, fee or credit can be heard by The City Water and Sewer Committee pursuant to Chapter 155: Appeals." 52.12 – Sustainable Credit Framework A) A Sustainable Credit Framework will be established by the City Council that provides all Stormwater Management Utility customers with an opportunity to reduce their normal fees. Customers may qualify for renewable fee reductions by demonstrating activities or stormwater practices that increase the water quality and thereby reduce the water quality and quantity burden imposed on the City of Fayetteville’s drainage system. Activities eligible for credit include the following: 1) Compliance with an industrial stormwater permit. 2) Public customers that establish contracts, or Interlocal Cooperation Agreements, with the City under § 25-20-104 will receive a credit recognizing the value of their public efforts to reduce stormwater runoff, in accordance with the terms of the interlocal agreement. 3) Using shared parking lots to minimize the creation of new impervious area 4) Property retrofits using Water Quality, Flood, and Tree Mitigation Measures from the Drainage Criteria Manual. 5) Attendance at approved Stormwater Education Program and Stormwater Stewardship Activities. 6) Demonstration of no direct discharge of stormwater. EXHIBIT A CHAPTER 52. STORMWATER, FLOOD MANAGEMENT UTILITY 5- B) The final Sustainable Credit Framework , including appropriate application forms and instructions, will be developed and available to customers a minimum of 6 months in advance of the effective date of the initial collection of the Stormwater Management Utility Fee. 52.13 - Billing and collection The Stormwater Management and Fee shall be administered and collected in the same manner as the City’s sewer utility. 52.14—52.15 - Reserved Becky Roark Executive Director, Beaver Watershed Alliance PO Box 762 Elkins, AR 72727 Becky@beaverwatershedalliance.org 479-305-9701 April 10, 2024 City of Fayetteville Council Members 113 West Mountain St. Fayetteville, AR 72701 RE: Support for Stormwater Utility Dear City of Fayetteville Council Members, I am writing to express strong support for the implementation of a stormwater utility in Fayetteville and its positive impact on the Beaver Lake watershed. Beaver Watershed Alliance is a 501c3 nonprofit watershed group, formed in 2011, working to protect, enhance and sustain Beaver Lake and the integrity of its watershed. We work closely with the City of Fayetteville and residents to engage the public in conservation stewardship, work alongside city staff to install green infrastructure and have celebrated many success stories in water quality achievements over the past decade. However, with the growth outpacing the resources for water quality protection and restoration needs, we believe that this initiative is crucial for the future of water quality in the Town Branch watershed and West Fork watershed, which are major tributaries to Beaver Lake, and an additional safeguard to keep high-quality drinking water rates low for residents. Increased urbanization and land development have led to a rise in stormwater runoff, which poses significant threats to water quality and ecosystem health. Pollution from sediment, nutrients, and contaminants can degrade water quality, harm aquatic life, and jeopardize public health. Sediments are costly to the drinking water utilities to remove and dispose. By implementing a stormwater utility, Fayetteville can take proactive measures to mitigate the adverse effects of stormwater runoff and protect the integrity of the Beaver Lake watershed. The revenue generated from a stormwater utility fee could be invested in critical infrastructure projects, including green infrastructure, detention pond management, and erosion control measures, which help to reduce runoff volume and pollutant loads. Additionally, funding can support educational programs and outreach efforts to raise awareness about the importance of watershed stewardship and encourage sustainable practices among residents and businesses. We urge you, as members of the City of Fayetteville Council, to consider the positive outcomes from the implementation of a stormwater utility as a critical step towards safeguarding the Beaver Lake watershed and ensuring a sustainable future for generations to come. Your leadership and commitment to environmental stewardship will not only benefit our community and watersheds today but leave a legacy of conservation and responsible resource management in our region. Received By: Alan Pugh 05/14/2024 3:05 P.M. Thank you for your attention to this matter, and we look forward to seeing the City of Fayetteville continue as a leader in stormwater management and water quality protection. Sincerely, Becky Roark Executive Director Beaver Watershed Alliance becky@beaverwatershedalliance.org Good evening Mayor and City Council, my name is Mia Alansari and I live in Ward 3 and I am the Environmental Action and Sustainability Chair for the Fayetteville Youth Advisory Council. If you have lived in Fayetteville, you have seen how it floods. These floods create runoff that carry pollutants that affect our drinking water. It affects the water we drink so it affects us all. On April 23rd, I had a meeting with Leif Olson and Chris McNamara, two members of the sustainability department for the City of Fayetteville. Our meeting was to discuss and for me to become familiar with the environmental needs of Fayetteville as the inaugural Environmental Action and Sustainability Chair for the Fayetteville Youth Advisory Council. They brought the stormwater management plan to my attention. After that meeting, I felt it was important to share this with my fellow youth council members. On April 25th, we had our monthly Youth Advisory Council Meeting. I presented a presentation on the information discussed at my earlier meeting. At the meeting, the Fayetteville Youth Advisory Council made a unanimous vote for a motion to recommend that the City Council support and vote in favor of the Stormwater Management Utility Plan. I understand that on May 21st, The City Council approved a resolution of intent for this plan. The Fayetteville Youth Advisory Council encourages The City Council to vote in favor of this plan. As representatives of the youth of Fayetteville, we believe your decision affects our future and the residents of Fayetteville’s quality of life. We hope this plan can pave the way for areas around us. Thank you on the behalf of the Fayetteville Youth Advisory Council for your time and have a good evening. Received from Courtney Spohn on 11/27/2024 at 12:43 pm on behalf of the Fayetteville Youth Advisory Council Received From: Stacy Barnes: 12/04/2024 2:52 PM Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-913 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: FROM: D'Andre Jones, Ward 1, Position 2 SUBJECT: Recognize National Day of Racial Healing on January 21, 2025 RECOMMENDATION: Councilmember Jones is sponsoring a resolution for the City Council to recognize the National Day of Racial Healing on January 21, 2025 BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Dr. Jones Agenda Request - (#3) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-913 Recognize National Day of Racial Healing on January 21, 2025 A RESOLUTION FOR THE CITY OF FAYETTEVILLE TO RECOGNIZE THE NATIONAL DAY OF RACIAL HEALING ON JANUARY 21, 2025 WHEREAS, Truth, Racial Healing Transformation (THRT) is a comprehensive, multi-year national and community-based process to bring about transformational and sustainable change; and WHEREAS, through TRHT, partners address the historic and contemporary effects of racism in their communities and institutions and work to replace the deeply held belief system that fuels racism with one that sees the inherent value of all people; and WHEREAS, this holistic approach addresses mind and heart, the interpersonal and systemic, and places the power of authentic, trust-based solidarity at the center; and WHEREAS, racism impacts all of us, whether we are aware of it or not and the effects of racism are evident everywhere: in the places where we live, learn, work and play, in our social interactions and in our systems and policies; and WHEREAS, people experience these effects when they take their children to school, apply for jobs, rent or buy a home, visit a doctor, try to access healthy food, in interactions with the police and more; and WHEREAS, systemically, racism is one of the biggest obstacles to solving the challenges we face in our communities; and WHEREAS, through TRHT, participants build relationships, trust and collective power at the community and institutional level and relationships lay the groundwork for powerful systemic change, as community partners re-envision and reshape their institutions, policies and practices; and WHEREAS, racial healing is at the heart of racial equity and is about: the people work that leads to the transformation of systems; the telling of hard truths about past wrongs and present consequences; repairing the harm of racism; replacing the deeply held system that fuels racism with one that sees the inherent value of all people; and authentic relationship-building across real and perceived differences; and WHEREAS, without racial healing and building trust, changes in policies or practices are short-lived; and Resolution: File Number: 2024-913 Page 2 WHEREAS, through healing and relationship-building, we can collectively develop new values that affect our everyday decisions in areas of policy making, hiring, education and housing – to name just a few. 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 recognizes that January 21, 2025, is and should be recognized in Fayetteville as the National Day of Racial Healing. Civic Clerk Item No.: 2024-913 AGENDA REQUEST FORM FOR: Council Meeting of December 17, 2024 FROM: Council Member D’Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION FOR THE CITY OF FAYETTEVILLE TO RECOGNIZE THE NATIONAL DAY OF RACIAL HEALING ON JANUARY 21, 2025 APPROVED FOR AGENDA: ____________________________________ _______________ D’Andre Jones Date City Council Member ____________________________________ _______________ Blake Pennington Date Senior Assistant City Attorney Approved as to form Approved by email 12/5/2024 12/5/2024 1 Pennington, Blake From:D'Andre Jones <dre91732000@gmail.com> Sent:Thursday, December 5, 2024 9:14 AM To:Pennington, Blake Subject:Re: Resolution for the City of Fayetteville to join other cities across the country and proclaim January 21st National Day of Racial Healing Truth, 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. Looks good Sent from my iPhone On Dec 5, 2024, at 9:07 AM, Pennington, Blake <bpennington@fayetteville‐ar.gov> wrote: Council Member Jones, I just wanted to follow up on my email from last week. I am attaching the draft resolution and agenda request form again. If you approve please let me know so we can get this item on the next agenda. Thank you, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington@fayetteville-ar.gov Direct: 479.575.8312 www.fayetteville-ar.gov <image001.png> From: Pennington, Blake Sent: Tuesday, November 26, 2024 11:54 AM To: D'Andre Jones <dre91732000@gmail.com> Cc: Williams, Kit <kwilliams@fayetteville‐ar.gov>; CityClerk <cityclerk@fayetteville‐ar.gov> Subject: RE: Resolution for the City of Fayetteville to join other cities across the country and proclaim January 21st National Day of Racial Healing Truth, Attached is the draft resolution and agenda request form. I did make some stylistic edits to the language in what you sent below but it was mostly combining some of the shorter sentences so we wouldn’t have so many Whereas clauses. If you approve you can either sign and return the agenda request form or indicate your approval by email and I’ll get it added to the Dec. 17 agenda. Thanks! Blake 2 Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington@fayetteville-ar.gov Direct: 479.575.8312 www.fayetteville-ar.gov <image001.png> From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, November 26, 2024 10:10 AM To: Pennington, Blake <bpennington@fayetteville‐ar.gov> Subject: Re: Resolution for the City of Fayetteville to join other cities across the country and proclaim January 21st National Day of Racial Healing Truth, 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. No we can wait until the next agenda session Sent from my iPhone On Nov 26, 2024, at 9:44 AM, Pennington, Blake <bpennington@fayetteville‐ar.gov> wrote: D’Andre, are you wanting to walk this onto the agenda today? Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington@fayetteville-ar.gov Direct: 479.575.8312 www.fayetteville-ar.gov <image001.png> From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, November 26, 2024 9:42 AM To: Williams, Kit <kwilliams@fayetteville‐ar.gov>; Paxton, Kara <kapaxton@fayetteville‐ ar.gov>; Pennington, Blake <bpennington@fayetteville‐ar.gov> Subject: Fwd: Resolution for the City of Fayetteville to join other cities across the country and proclaim January 21st National Day of Racial Healing Truth, 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. 3 Resolution for the City of Fayetteville to join other cities across the country and proclaim January 21st National Day of Racial Healing Truth, an annual event sponsored by W.K. Kellogg Foundation's Truth, Racial Healing Transformation efforts. (TRHT) is a comprehensive, multi‐year national and community‐based process to bring about transformational and sustainable change. Through TRHT, partners address the historic and contemporary effects of racism in their communities and institutions. They work to replace the deeply held belief system that fuels racism with one that sees the inherent value of all people. This holistic approach addresses mind and heart, the interpersonal and systemic, and places the power of authentic, trust‐based solidarity at the center. Racism impacts all of us, whether we are aware of it or not. The effects of racism are evident everywhere: in the places where we live, learn, work and play, in our social interactions and in our systems and policies. People experience these effects when they take their children to school, apply for jobs, rent or buy a home, visit a doctor, try to access healthy food, in interactions with the police and more. Systemically, racism is one of the biggest obstacles to solving the challenges we face in our communities. Through TRHT, participants build relationships, trust and collective power at the community and institutional level. These relationships lay the groundwork for powerful systemic change, as community partners re‐envision and reshape their institutions, policies and practices. Racial healing is at the heart of racial equity. Racial healing is about: the people work that leads to the transformation of systems; the telling of hard truths about past wrongs and present consequences; repairing the harm of racism; replacing the deeply held system that fuels racism with one that sees the inherent value of all people; authentic relationship‐building across real and perceived differences. Without racial healing and building trust, changes in policies or practices are short‐lived. Through healing and relationship‐building, we can collectively develop new values that affect our everyday decisions in areas of policy making, hiring, education and housing – to name just a few. " <Agenda Request ‐ Jones ‐ National Day of Racial Healing.pdf> 4 <Res ‐ National Day of Racial Healing ‐ Jan. 21, 2025 ‐ Councilmember Jones.docx> Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-905 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs SUBJECT: Establishing Park Hours for the Upper Ramble RECOMMENDATION: Approval of an ordinance to establish hours for the Upper Ramble. BACKGROUND: The City's newest park, The Ramble, is nearing completion. This park is unique to the park system, located in the entertainment district, a very active part of town, and adjacent to the Razorback Regional Greenway. With this in mind, special operating hours were considered to allow for safe use and maintenance and management of the space. Typical park hours are from daylight until 11pm, with the exception of the lakes, which close at sunset. DISCUSSION: Park staff consulted with the Police Department, the Operations Division of Public Works in determining the most appropriate hours for the park understanding its unique location. After several discussions, the hours from daylight to 3am are being proposed for the Upper Ramble. Acknowledging that many businesses in the area close on the weekends at 2am and people may travel through the park at that time, a 3am closing time seemed appropriate. This timeframe also coincides with the ability for the Dickson Street Police substation to check the park at shift change, and, will allow maintenance staff to address any pressing issues prior to the park reopening at daylight. The proposed hours were presented to the Parks Natural Resources and Cultural Affairs Advisory Board and approved at the November meeting. BUDGET/STAFF IMPACT: ATTACHMENTS: SRF (#3), Chapter 97.015 Operating Hours Clean (#4), Chapter 97.015 Operating Hours Redline (#5) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-905 Establishing Park Hours for the Upper Ramble AN ORDINANCE TO AMEND § 97.015 OPERATING HOURS IN CHAPTER 97, ARTICLE II PARK OPERATIONS; ADMINISTRATION AND ENFORCEMENT OF THE CODE OF FAYETTEVILLE TO PROVIDE FOR EXTENDED HOURS IN THE UPPER RAMBLE WHEREAS, the City’s newest park, The Ramble, is located in the entertainment district, a very active part of town, and adjacent to the Razorback Regional Greenway; and WHEREAS, typical park hours are from daylight until 11:00 pm except for the lakes, which close at sunset; and WHEREAS, after consulting with the Police Department, the Operations Division of the Public Works Department determined the most appropriate hours for the Upper Ramble are from daylight to 3:00 am; and WHEREAS, this time frame acknowledges that many businesses in the area close on the weekends at 2:00 am and people may travel through the park at that time; and WHEREAS, this time frame also coincides with the ability for the Dickson Street Police substation to check the park at shift change and will allow maintenance staff to address any pressing issues prior to the park reopening at daylight. 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 § 97.015 Operating Hours in Chapter 97, Article II Park Operations; Administration and Enforcement and enacts a replacement § 97.015 as follows: “97.015 Operating Hours (A) City parks shall be open to the public every day of the year from daylight until 11:00 pm. (B) Exceptions. 1. Shared Use Paved Trails as designated on the Parks and Trails Interactive Map shall be open to Ordinance: File Number: 2024-905 Page 2 the public twenty-four (24) hours every day. 2. The Upper Ramble shall be open to the public every day from daylight until 3:00 am. 3. Operating hours for City lakes are governed by § 97.070. 4. City Staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event. 5. Any park or portion of a park may be declared closed to the public by the City at any time and for any interval of time.” City of Fayetteville Staff Review Form 2024-905 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Alison Jumper 11/25/2024 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Ordinance to approve park hours for the Upper Ramble. 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: Created: 2024-08-27 12:27:32 [EST] (Supp. No. 34) Page 1 of 1 97.015 Operating Hours (A) Except for those instances described in subsection (B) below, City parks shall be open to the public every day of the year from daylight until 11:00 p.m. (B) Exceptions. 1. Shared Use Paved Trails as designated on the Parks and Trails Interactive Map shall be open to the public twenty-four (24) hours every day. 2. The Upper Ramble shall be open to the public every day from daylight until 3:00 a.m. 3. Operating hours for City lakes are governed by § 97.070 4. City staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event. 5. Any park or portion of a park may be declared closed to the public by the City at any time and for any interval of time. Created: 2024‐08‐27 12:27:32 [EST] (Supp. No. 34) Page 1 of 1 97.015 Operating Hours (A) Except for unusual emergencies, cExcept for those instances described in subsection (B) below, City parks shall be open to the public every day of the year from daylight until 11:00 p.m. except Shared Use Paved Trails as designated on the Parks and Trails Interactive Map which are open twenty‐four (24) hours every day. Any section or part of any park may be declared closed to the public by the city or its duly authorized representative at any time and for any interval of time. (B) Exceptions. 1. Shared Use Paved Trails as designated on the Parks and Trails Interactive Map shall be open to the public twenty‐four (24) hours every day. 2. The Upper Ramble shall be open to the public every day from daylight until 3:00 a.m. 3. Operating hours for City lakes are governed by § 97.070 4. City staff is authorized to extend the operating hours of a park when reasonable and necessary to accommodate a tournament or special event. 1.5. Any park or portion of a park may be declared closed to the public by the City at any time and for any interval of time. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-908 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Jessica Masters, Development Review Manager Jonathan Curth, Development Services Director Susan Norton, Chief of Staff FROM: Wesley Frank, Planner SUBJECT: RZN-2024-0055: Rezoning (WEST OF 3296 E. HUNTSVILLE RD/PAIR, 528): Submitted by DAVID PAIR for property located WEST OF 3296 E. HUNTSVILLE RD., in WARD 1. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 0.60 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is in southeast Fayetteville approximately 0.4 miles east of the intersection of S. Stone Bridge Rd and E. Huntsville Rd. The property contains approximately 0.6 acres and is undeveloped. Request: The request is to rezone the subject property from R-A, Residential-Agricultural to RSF-4, Residential Single-Family, Four Units per Acre. Public Comment: To date, staff have received no public comment. Land Use Compatibility: Staff finds the proposed rezoning from R-A to RSF-4 to be compatible with the surrounding area. The subject property is adjacent to RSF-4-zoned single-family property across E. Huntsville Rd. to the north and east. A rezoning to RSF-4 would allow for the by-right development of single-family dwellings with a density of up to four units per acre. Additional housing options providing increased density are available through conditional use, such as two-family dwellings and cluster housing. R-A and RSF-4 have significantly different bulk and area requirements. Lot width minimum in R-A is 200 feet, but in RSF-4 is only 70 feet. Lot area in R-A is a minimum of 2 acres, but in RSF-4 is 8,000 square feet (.18 acres). Staff finds the requested rezoning to be compatible with surrounding land uses and provides opportunities for increased housing opportunities. 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 Residential Neighborhood area. A rezoning to RSF-4 could allow for the creation, or maintenance, of residential properties with reduced lot sizes and offer some flexibility in housing types. Staff finds that the requested rezoning could allow for the creation of missing middle housing that meets City Goals 1: We Will Make Appropriate Infill and Revitalization our Highest Priority and 6: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov We Will Create Opportunities for Attainable Housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 3 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 3, 1050 S. Happy Hollow Rd.) • Near Sewer Main (8-inch main, E. Huntsville Rd.) • Near Water Main (18-inch main, E. Huntsville Rd.) DISCUSSION: At the November 25, 2024 Planning Commission meeting, a motion to forward with a recommendation of approval passed with a unanimous vote of 7-0-0. Commissioners did not have any comment on the item. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Staff Report (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-908 RZN-2024-0055: Rezoning (WEST OF 3296 E. HUNTSVILLE RD/PAIR, 528): Submitted by DAVID PAIR for property located WEST OF 3296 E. HUNTSVILLE RD., in WARD 1. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 0.60 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-55 FOR APPROXIMATELY 0.60 ACRES LOCATED WEST OF 3296 EAST HUNTSVILLE ROAD IN WARD 1 FROM R-A, RESIDENTIAL-AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from R-A, Residential-Agricultural to RSF-4, Residential Single-Family, Four Units per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville Staff Review Form 2024-908 Item ID 12/17/2024 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Jonathan Curth 11/27/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2024-0055: Rezoning (WEST OF 3296 E. HUNTSVILLE RD/PAIR, 528): Submitted by DAVID PAIR for property located WEST OF 3296 E. HUNTSVILLE RD., in Ward 1. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 0.60 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: R-A RMF-24 R-O RSF-4 RSF-1 Proposed RSF-4 WYMAN RD HUNTSVILLE RD Regional Link Residential Link Planned Residential Link Hillside-Hilltop Overlay District Planning Area Fayetteville City Limits Close Up View RZN-2024-0055 RZN-2024-0055 N 0 150 300 450 60075 Feet Subject Property Zone Proposed R-A RSF-4 0.0 0.7 Total 0.7 ac1:2,400 Current 0.7 0.0 Exhibit A Exhibit ‘B’ RZN-2024-0055 COMMENCING AT A FOUND ALUMINUM STATE MONUMENT, MARKING THE SOUTH QUARTER CORNER OF SAID SECTION 13; THENCE ALONG THE SOUTH LINE OF SAID SECTION 13, N87°17'10"W 636.12 FEET; THENCE LEAVING SAID SOUTH LINE, N03°10'05"E 520.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N03°10'05"E 299.52 FEET TO A FOUND 1/2" REBAR; THENCE S87°25'49"E 98.02 FEET TO A FOUND 5/8" REBAR WITH CAP "PLS 1118"; THENCE S03°08'00"W 286.10 FEET; THENCE S84°48'00"W 99.25 FEET TO THE POINT OF BEGINNING. CONTAINING 28,727 SQUARE FEET OR 0.659 ACRES, MORE OR LESS. TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Wesley Frank, Planner MEETING DATE: November 25, 2024 Updated with results from November 25, 2024 PC Meeting SUBJECT: RZN-2024-0055: Rezoning (WEST OF 3296 E. HUNTSVILLE RD/PAIR, 528): Submitted by DAVID PAIR for property located WEST OF 3296 E. HUNTSVILLE RD. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 0.60 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. RECOMMENDATION: Staff recommend forwarding RZN-2024-0055 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2024-0055 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in southeast Fayetteville approximately 0.4 miles east of the intersection of S. Stone Bridge Rd and E. Huntsville Rd. The property contains approximately 0.6 acres and is undeveloped. The property is zoned R-A, Residential-Agricultural which it received in 2003 with the adoption of the new city zoning map. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre South Residential/Undeveloped R-A, Residential-Agricultural East Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre West Residential/Undeveloped R-A, Residential-Agricultural Request: The request is to rezone the subject property from R-A, Residential-Agricultural to RSF- 4, Residential Single-Family, Four Units per Acre. Public Comment: To date, staff have received no public comment. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: This property has frontage to East Huntsville Road (Arkansas Highway 16), a regional link street with asphalt paving. Currently, the street has one lane in each direction with paved shoulders and open ditches. The Arkansas Department of the street and providing other infrastructure improvements, including sidewalk, along the property’s frontage. Any street improvements required in these areas would be determined at the time of 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. There is an 18-inch water main on the north side of East Huntsville Road that can provide water to this property. Sewer: Sanitary Sewer is available to the subject area. There is an 8-inch sewer main present at the southwest corner of the property. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District and a small portion of the southern property lies in a FEMA-designated 500-year floodplain. No protected streams or hydric soils are present. Any improvements or requirements for drainage would be determined at the time of development submittal. Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately 3.0 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. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The current zoning district of R-A, Residential-Agricultural requires 25% minimum canopy preservation. The proposed zoning district of RSF-4, Residential Single- Family, Four Units per Acre, 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 Residential Neighborhood. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 3 for this site with a weighted score of 2.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 3, 1050 S. Happy Hollow Rd.) • Near Sewer Main (8-inch main, E. Huntsville Rd.) • Near Water Main (18-inch main, E. Huntsville Rd.) Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 2 of 11 FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed rezoning from R-A to RSF- 4 to be compatible with the surrounding area. The subject property is adjacent to RSF-4-zoned single-family property across E. Huntsville Rd. to the north and east. A rezoning to RSF-4 would allow for the by-right development of single-family dwellings with a density of up to four units per acre. Additional housing options providing increased density are available through conditional use, such as two-family dwellings and cluster housing. R-A and RSF-4 have significantly different bulk and area requirements. Lot width minimum in R-A is 200 feet, but in RSF-4 is only 70 feet. Lot area in R-A is a minimum of 2 acres, but in RSF-4 is 8,000 square feet (.18 acres). Staff finds the requested rezoning to be compatible with surrounding land uses and provides opportunities for increased housing opportunities. 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 Residential Neighborhood area. A rezoning to RSF-4 could allow for the creation, or maintenance, of residential properties with reduced lot sizes and offer some flexibility in housing types. Staff finds that the requested rezoning could allow for the creation of missing middle housing that meets City Goals 1: We Will Make Appropriate Infill and Revitalization our Highest Priority and 6: We Will Create Opportunities for Attainable Housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that there is sufficient justification to rezone the property from R- A to RSF-4 since the proposed rezoning would be consistent with the property’s future land use designation and supports several goals of City Plan 2040. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from R-A to RSF-4 does have the potential to increase traffic danger and congestion due to increased density and additional curb cuts. Courts have established a precedent that properties with frontage to a public street have a legal right to access the street, therefore additional curb cuts could be added and increase traffic danger and congestion along E. Huntsville Rd. However, 166.08(F)(3)(b) does discourage individual curb cuts and states “curb cuts along regional and neighborhood link streets shall be shared between two (2) or more lots.” Access management will be reviewed at the time of development. Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 3 of 11 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, the property currently has access to public streets, water, and sewers, and any necessary improvements would be determined at the time of development. 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 recommend forwarding RZN-2024-0055 to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: November 25, 2024 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Garlock Second: Werner Vote: 7-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.03 District R-A, Residential-Agricultural o §161.07 District RSF-4, Residential Single-Family, Four (4) Units Per Acre • Request Letter • One Mile Map • Current Map • Close-Up Map • Current Land Use Map • Future Land Use Map 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (½) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 5 of 11 161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot minimum width 60 feet 70 feet Hillside Overlay District Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 6 of 11 City of Fayetteville Planning Division 125 West Mountain Street Fayetteville,AR 72701 479.575.8267 Reference Parcel ID#-765-02282-000 To Whom it may Concern, This letter is to ask for a rezoning of the above referenced parcel from Residential/Agricultural (R-A)to Residential Single Family 4 (RSF-4).This parcel is surrounded by RSF-4 zoned area and would not impact development whatsoever if re-zoned.We are currently in the process of selling the parcel,but potential clients would like the ability to build a house on this lot.Please take this into consideration when making a decision to rezone this parcel.Thanks David Pair paircpa@yahoo.com (303)905-1583 Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 7 of 11 C-1 C-2 RMF-24 R-O R-A RSF-4 RSF-1 STONE BRIDGE RD HUNTSVILLERD DEAD HORSE MOUNTAIN RD WYMAN RD Regional Link Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planned Neighborhood Link Planned Residential Link Trail (Proposed) Fayetteville City Limits Planning Area Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI-U RI-12 NS-L Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RMF-6 RMF-12 RMF-18 RMF-24 RMF-40 INDUSTRIAL I-1 Heavy Commercial and Light Industrial I-2 General Industrial EXTRACTION E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation PLANNED ZONING DISTRICTS Commercial, Industrial, Residential INSTITUTIONAL P-1 One Mile View RZN-2024-0055 RZN-2024-0055 N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 8 of 11 HUNTSVILLE RD WYMAN RD Regional Link Regional Link - High Activity Unclassified Residential Link Planned Residential Link Planning Area Fayetteville City Limits Current Land Use RZN-2024-0055 RZN-2024-0055 N 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential and Manufactured Home Park Undeveloped and Institutional Single-Family Residential 1:3,600 Single-Family Residential Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 9 of 11 0 150 300 Feet Legend Fayetteville City Limits N HUNTSVILLE RD RZN-2024-0055 The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE. Subject Property Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 10 of 11 City Neighborhood Natural Residential Neighborhood Rural Residential STONE BRIDGERD HUNTSVILLE RD DEADHORSEMOUNTAIN RD WYMAN RD Regional Link Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planned Neighborhood Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2024-0055 RZN-2024-0055 N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission November 25, 2024 RZN-2024-0055 (PAIR) Page 11 of 11 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-963 MEETING OF DECEMBER 17, 2024 TO: Mayor Jordan and City Council THRU: Kit Williams, City Attorney FROM: Scott Berna, City Council Member - Ward 3 Position 1 SUBJECT: AN ORDINANCE TO AUTHORIZE PAYMENT OF SURVIVAL SPOUSAL BENEFITS RECOMMENDATION: BACKGROUND: Lioneld Jordan was first elected to the City Council in 2000 and began his service in January of 2001. Council Member Jordan was reelected to a second term which began in 2005. Mayor Jordan was elected Mayor and began his first term in 2009. Mayor Jordan was reelected three more times and will end his service to Fayetteville as by far the longest serving mayor in Fayetteville’s history with sixteen (16) years of continued service as Mayor. Mayor Jordan’s continued service as either Council Member or Mayor totals twenty-four (24) years. Mayor Jordan’s wife, Diana, has faithfully assisted him throughout those 24 years of his service and has also accompanied him to an amazing number of banquets, receptions, and other City functions. DISCUSSION: It is proper and appropriate to authorize and grant the right to the spousal survival benefits of 50% of the Mayor’s retirement benefits pursuant to A.C.A. § 24-12-123 (b) to Mrs. Diana Jordan. It is also proper and appropriate to authorize the statutorily authorized cost-of-living benefit increase not to exceed three percent (3%). BUDGET/STAFF IMPACT: ATTACHMENTS: Retirement Benefit for Mayors - Memo (#3), A.C.A. 14-42-117 (#4), A.C.A. 24-12-123 (#5), Agenda Request (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-963 AN ORDINANCE TO AUTHORIZE PAYMENT OF SURVIVAL SPOUSAL BENEFITS AN ORDINANCE TO AUTHORIZE PAYMENT OF SURVIVAL SPOUSAL BENEFITS OF 50% OF MAYOR JORDAN’S STATUTORY RETIREMENT BENEFITS TO MRS. DIANA JORDAN AND TO GRANT AN ANNUAL COST-OF-LIVING BENEFIT INCREASE UP TO 3% WHEREAS, Lioneld Jordan was first elected to the City Council in 2000 and began his service in January of 2001; and WHEREAS, Council Member Jordan was reelected to a second term which began in 2005; and WHEREAS, Mayor Jordan was elected Mayor and began his first term in 2009; and WHEREAS, Mayor Jordan was reelected three more times and will end his service to Fayetteville as by far the longest serving mayor in Fayetteville’s history with sixteen (16) years of continued service as Mayor; and WHEREAS, Mayor Jordan’s continued service as either Council Member or Mayor totals twenty-four (24) years; and WHEREAS, Mayor Jordan’s wife, Diana, has faithfully assisted him throughout those 24 years of his service and has also accompanied him to an amazing number of banquets, receptions, and other City functions; and WHEREAS, it is proper and appropriate to authorize and grant the right to the spousal survival benefits of 50% of the Mayor’s retirement benefits pursuant to A.C.A. § 24-12-123 (b) to Mrs. Diana Jordan; and WHEREAS, it is also proper and appropriate to authorize the statutorily authorized cost-of-living benefit increase not to exceed three percent (3%). 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 the right to surviving spousal benefits to Mrs. Diana Jordan in accordance with the requirements of A.C.A. § 24-12- 123 (b). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes an annual cost- Ordinance: File Number: 2024-963 Page 2 of-living increase in Mayor Jordan’s retirement benefits of up to three percent (3%) or the Consumer Price Index (whichever is lower) pursuant to § 24-12-123 (b)(5).