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HomeMy WebLinkAbout138-10 RESOLUTIONRESOLUTION NO. 138-10 A RESOLUTION AWARDING RFP #10-10 AND APPROVING A CONTRACT IN AN AMOUNT NOT TO EXCEED $55,000.00 WITH TREADWELL INSTITUTE TO PROVIDE ADMINISTRATOR SERVICES FOR AN ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT COMMUNITY REVOLVING LOAN FUND, AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #10-10 and approves a contract in an amount not to exceed $55,000.00, a copy of which is attached as Exhibit "A," with Treadwell Institute to provide administrator services for an energy efficiency and conservation block grant community revolving loan fund. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "B." PASSED and APPROVED this 3`d day of August, 2010. APPROVED: B ATTEST: By: e- SONDRA E. SMITH, City Clerk/Treasurer 41r7 1494 G °G1S Y OP." `0, caS 2[}� X73 F. :FAYETTEVILLE: Ti •}-a'' /,�,�.• AN•a.Je City of Fayetteville RFP 10-10, Administrator for Community Revolving Loan Fund Agreement This contract executed this /V day of [� , 2010, between the City of Fayetteville, Arkansas, and Treadwell Institute. In consideration of the mutual covenants contained herein, the parties agree as follows. WITNESSETH: WHEREAS, City has previously determined that it has a need for AN ADMINISTRATOR FOR A COMMUNITY REVOLVING LOAN FUND; and WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of Fayetteville RFP 10-10 (herein after referred to as Request for Proposal or RFP), City has awarded this contract to Treadwell Institute; and WHEREAS, Treadwell Institute has represented that it is able to satisfactorily provide these services according to the terms and conditions of the RFP, which are incorporated herein by reference, and the terms and conditions are contained herein; and WHEREAS, The City of Fayetteville has received a grant for such funding and Treadwell Institute agrees to follow all conditions, regulations, and rules of such grant, and NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed: Treadwell Institute hereby agrees to provide the City with ADMINISTRATOR SERVICES FOR A COMMUNITY REVOLVING LOAN FUND, as requested and more specifically outlined in the RFP, this agreement, and all subsequent official documents that form the Contract Documents for this Agreement. 2. Pricing: Treadwell Institute at its own cost and expense shall furnish all labor, services, materials, marketing, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per RFP 10-10 as stated in Treadwell Institute's City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 1 of 5 proposal, and in accordance with specifications attached hereto and made a part hereof under RFP # 10-10, all included herein as if spelled out word for word. 3. Time of Service: Services shall be performed in a timely manner, as specified in the RFP. 4. Term of Agreement: Services performed pursuant to this Contract shall commence upon execution of this agreement and continue for a period of ONE (1) year, unless canceled or terminated within thirty (30) days written notice by either party. This contract may be automatically renewed for FOUR (4) additional one (1) year terms after the initial contract period. This option shall be exercised only if all discounts, prices, terms and conditions remain the same, and approval is granted by the Fayetteville City Council. 5. Amendment of Contract: This Contract may be amended only by mutual agreement of the parties. 6. Assignment and Subcontracting: Treadwell Institute shall perform this contract. No assignment or subcontracting shall be allowed without the prior written consent of the City. In the event of a corporate acquisition and/or merger, Treadwell Institute shall provide written notice to the City within thirty (30) business days of such notice of action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a Proposer, which has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purposes of this Agreement. 7. Cancellation: The City of Fayetteville reserves the right to cancel this Contract, without cause, by giving thirty (30) days notice to Treadwell Institute of the intent to cancel, or with cause if at any time Treadwell Institute fails to fulfill or abide by any of the terms or conditions specified. Failure of the Treadwell Institute to comply with any of the provisions of this 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. hi 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 services which have not been provided within the period of time City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 2 of 5 stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order or request, as determined by the City. In the event that sufficient budgeted funds are not available for a fiscal period, the City shall notify Treadwell Institute of such occurrence and the Contract shall terminate on the last day of the then current fiscal period without penalty or expense to the City. The City reserves the right to terminate within the thirty (30) day notice because of budgetary issues. 8. Compensation: As compensation for Treadwell Institute providing services to the City as described herein, the City shall pay Treadwell Institute in arrears, based on the submission of invoices for work completed and properly authorized. 9. Permits & Licenses: Treadwell Institute shall secure and maintain any and all permits and licenses required to complete this contract. 10. Minimum Insurance Requirements: Treadwell Institute shall maintain insurance in at least the amounts required in the RFP throughout the term of this contract. Treadwell Institute must provide a Certificate of Insurance in accordance with the insurance requirements listed within the RFP, evidencing such coverage prior to issuance of a purchase order or commencement of any work under this contract. Treadwell Institute shall ensure that any subcontractors or persons hired by subcontractors maintain the same level of insurance coverage as Treadwell Institute. 11. Indemnification: Treadwell Institute shall indemnify, pay the cost of defense, including but not limited to attorneys' fees, and hold harmless the City from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said Treadwell Institute; or by, or m consequence of any neglect in safeguarding the work; or on account of any act or omission, neglect or misconduct of Treadwell Institute; or by, or on account of, any claim or amounts recovered under the Workers' Compensation Law or of any other laws, by-laws, ordinances, order of decree, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Fayetteville. The first ten dollars ($10.00) of compensation received by Treadwell Institute represents specific consideration for this indemnification obligation. City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 3 of 5 12. Governing Law & Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 13. Severability:, The terms and conditions of this agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity of legality of the remaining terms and conditions, and notwithstanding any such determination, this agreement shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the agreement impossible to perform. 14. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 15. Freedom of Information Act: 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, Treadwell Institute 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. 16. Documents Comprising Contract: The contract shall include this Agreement for AN ADMINISTRATOR FOR COMMUNITY REVOLVING LOAN FUND, as well as the following documents, which are incorporated herein by reference. a. Appendix A: City of Fayetteville's Request for Proposal and all of its addenda and attachments issued on or around May 24, 2010; b. Appendix B: Treadwell Institute's Proposal. c. Appendix C: Treadwell Institute's Certificate of Insurance as required, listing the City as an additional insured; If there is a conflict between the terms of this Agreement and the above referenced documents, the conflict shall be resolved as follows: the terms of this Agreement shall prevail over the other documents, and the terms of the remaining documents shall be given preference in their above listed order. City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 4 of 5 17. Protect Approval: The City of Fayetteville Mayor, or Project Manager shall authorize all projects for final approval. 18. Procurement Process & City Procedures: Treadwell Institute shall follow all state, local, and federal laws. All City policies and state laws shall be followed at all times. Treadwell Institute shall coordinate with the City of Fayetteville Purchasing Division for all bidding and quoting requirements, procedures, etc. City of Fayetteville Purchasing Division or Project Manager shall approve all work between Treadwell Institute and selected parties. 19. Reporting Requirements: Treadwell Institute shall follow all reporting requirements required by the Department of Energy and the City of Fayetteville. At a minimum, the deadlines listed below will apply to reporting and invoicing. a. January — March: Due April 1st b. April — June: Due July 1st c. July — September: Due October 1st d. October — December: Due January 1st WITNESS OUR HANDS THIS 3)14 DAY OF ATTEST: COMPANY SECRETARY BUSINESS ADDRESS 2010. CITY OF FAYETTEVILLE, AYETTE 1 LE, ARKANSAS ONELD J Attest: , ayor OlatiuC.� . Sondra Smith, City Clerk BYLtJ? L Ln NAME AND TI 'a .� GSE R4S/�si FAYE7TEV1U..1r; %tit.; .4.7ros; ye - City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 5 of 5 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www. acc sfayetteviite.org - City of Fayetteville — Purchasing Division RFP 10-10. Addendum 1 113 w.Mountain — Room Fayettevlle, AR 72701 Phone: 479.575.8220 E -Mail: aforen@ci.fayetteville.ar.us RFP 10-10, Administrator for Community Revolving Loan Fund Date: Monday, June 7, 2010 To: All interested parties From: Andrea Foren, CPPB, Purchasing Agent Notice: This addendum is hereby made a part of the proposal documents to the same extent as though it were originally included therein. Proposers should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. Addendum shall be attached to the inside cover of the bidding documents, signed, and dated. 1. This contract will be for a total of five (5) years, subject to annually to funding. 2. The City does not have a listing of non-profit organizations in the area; however, approximately 8-10 non-profit organizations have expressed an interest in the project. Page 1 of 1 Acknowledge Addendum #1: Printed Name: TAPrommunications Device for the Deaf TOD(479) 521-1316 113 West Mountain - Fayetteville, AR 72701 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2010 Department: Project Accounting Division: Citywide Program: Energy Block Grant Request Date 7/15/2010 Adjustment Number JUSTIFICATION TO INCREASE PROJECT / ITEM: Move Administrative Costs to Community Revolving Loan Fund sub -project as vendor will provide these services JUSTIFICATION TO DECREASE PROJECT / ITEM (OR RECOGNIZING REVENUE): Administrative costs will not be internal, but provided by the vendor. Increase Decrease Account Name Account Number Budget Budget Personnel Services - Contra Project.Sub Number 2240.9240.5120.00 25,000 09011 0060 Professional Services 2240.9240.5314.00 25,000 09011 0020 • • TOTAL 25,000 25,000 Division Head ▪ B�Rire Rep rtment Director Date at ZpiLalo Date Fina a Director f Staff Mayor Date Date te Requested By ksprirrger Budget & Research Use Only Type: A B C D C rTh Description: General Ledger Date Posted to General Ledger Posted to Project Accounting C:IDOCUME-11EHUTCH-11LOCALS-11Temp\XPgrpwiselTreadweil BA 07152010.xls 0 Initial Date Initial Date John Coleman Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/3/2010 City Council Meeting Date Agenda Items Only Division Action Required: Sustainability Department RFP 10-10: Administrator for Community Revolving Loan Fund -- This RFP is to hire an administrative firm for the Energy Efficiency and Conservation Block Grant Community Revolving Loan fund. The Fund was developed to provide funding to Fayetteville non -profits for the purposes of energy efficiency and renewable energy projects. 55,000.00 Cost of this request 2240.9240.5314.00 Account Number 09011.0020 Project Number Budgeted Item 275,000.00 Category / Project Budget $ Administrative Community RLF Program Category / Project Name Community RLF Funds Used to Date Program 1 Project Category Name 220,000.00 Energy Block Grant Remaining Balance Fund Name Budget Adjustment Attached x de Director cry Attorney Finance and Internal Services Director Da e 7.--/G .- /o Date -15`-2018 Date 7i1 -/b Date !cb Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: ,?:4fitd Received in Cit15 Clerk's Office 7-15-10P03:51 RCVD Comments: Revised January 15, 2009 aye evi ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS CORRESPONDENCE TO: Lioneld Jordan, Mayor FROM: John Coleman, Sustainability Director'" Thru: Don Marr, Chief of Staff DATE: July 15, 2010 SUBJECT:. Community Revolving Loan Fund - RFP 10-10 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8272 Description Using funds from the Energy Efficiency and Conservation Block Grant as part of the American Recovery and Reinvestment Act (ARRA), the City is hiring Treadwell Institute at a flat 20% fee of the total project cost, not to exceed $55,000, to administer the Community Revolving Loan Fund. The Community RLF will provide funding to non -profits to perform energy efficiency upgrades on their facilities while using the energy dollar savings to pay back the loan. Treadwell Institute will identify projects, provide energy audit services, and assist non -profits in developing the full project. Treadwell will also pursue other funding sources through grants, foundations, etc. to bolster the Community RLF program. Selection Process The City issued a Request for Proposal 10-10 soliciting firms to administer the Community RLF fund. Treadwell Institute was selected by a committee. Budget Impact Contract costs will be paid for exclusively by Energy Efficiency and Conservation Block Grant funding as obtained by the City of Fayetteville in September 2009. RESOLUTION NO. A RESOLUTION AWARDING RFP #10-10 AND APPROVING A CONTRACT IN AN AMOUNT NOT TO EXCEED $55,000.00 WITH TREADWELL INSTITUTE TO PROVIDE ADMINISTRATOR SERVICES FOR AN ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT COMMUNITY REVOLVING LOAN FUND, AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #10-10 and approves a contract in an amount not to exceed $55,000.00, a copy of which is attached as Exhibit "A," with Treadwell Institute to provide administrator services for an energy efficiency and conservation block grant community revolving loan fund. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "B." PASSED and APPROVED this 3'd day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer TREADELL INS TIT U TE Response to Request for Proposal City of Fayetteville RFP 10-10, Administrator for Community Revolving Loan Fund Submitted to: City of Fayetteville 113 W. Mountain, Room 306 Fayetteville, AR 72701 Attn: Andrea Foren, CPPB aforen@ci.fayetteville.ar.us 479.575.8220 Submitted by: Treadwell Institute 706 W. Treadwell Fayetteville, AR 72701 Mikel C Lolley Mikel.lolley@gmail.com 479.841.7801 TREADIVE LL INS T IT U TE Table of Contents I. Business Organization and Experience. .1 a. Company Overview. II. Organizational Chart. 1 III. Recent History. 1 IV. Description of similar work in past five years. 1 V. Four Client References. .1 VI. Program- .1 a. Strategy b. Approach. c. List of Services. VII. Cost Proposal- „1 a. All-inclusive flat annual fee. VIII. Other Documents. 3 a. Resume. • TAPWELL .1 E I. Business Organization and Experience. Treadwell Institute is a non profit devoted to finding sustainable solutions to the built environment. Mikel C Lolley is the Founding Executive Director with over 15 years experience as a Design / Builder, quietly performing his own Greenovation experiments on his own projects -- self performing all aspects as Owner / Developer / Specifier / Builder, and most importantly, as the on-going Facility Manager. This practical experience has allowed Mikel to be a much better predictor of how design and construction decisions endure over time. What decisions will fail? When will they fail? How they will fail? And, where they will fail? Every design decision and every construction detail needs to be run through this framework. Predicting what those decisions and details will look like after the one year warranty period, after 5 years, 10 years, and even to the end of a 39 year depreciation schedule is the GREENEST contribution that a design/builder can provide for any owner on any project and for any building. Predicting the future of how gracefully materials, equipment and technology will endure over time is like looking into a crystal ball, and is the filter that is often conspicuously missing from the conversations of the design professionals, and the subsequent builders. These same building owners and facilities managers are left to contend with those short sided decisions for the next 20 plus years, and at tremendous add cost and energy over the lifecycle of the building. This can and should be avoided thru more due diligence up front, more practical experience informing the design decisions, more hands-on experience for informing the actual execution, all aimed at fostering less embedded energy consumed repairing and maintaining design and construction errors that cannot endure the test time. II. Organizational Chart. a. Executive Director: (primary contact) i. Mikel C Lolley. b. Board of Directors: i. Chair — Leslie Bennoch. ii. Vice Chair — Matthew Petty. iii. Secretary/Treasurer — Daniel McCormick CPA. • TREADWELL INST ITU TE III. Recent History. Treadwell Institute the non-profit has been performing Energy Evaluations and Energy Efficiency Recommendations on residential, small commercial, non-profit, and schools over the past year and a half. Treadwell LLC has been self performing similar services on their own buildings since 1995. Neither entity has performed services for any governmental agency in the past. IV. Description of similar work in past five years. Treadwell has been calling upon non -profits over the past year and conducting the initial Energy Survey Walk-thru's. From these survey's, Treadwell has been running Energy Analysis software to predict the most appropriate interventions that would be most effective in reducing energy consumption and corresponding cost saving back to the owner's. This same software then calculates the ROl's and SIR' s for each line item of intervention or action taken. Treadwell has been sitting on these potential projects until the incentives that have been looming on the horizon could be collected and included in the proposals. These incentives include the City RLF, Federal Tax Credits, Utility Company Credits, as well as Arkansas Energy Office Tax Credits. Together these incentives are exactly what we need given the current fragile US economy to push building owner to commit to the energy efficiency upgrades now while these opportunities last. Treadwell has been practicing Greenovation since the mid 90's on their own projects and has been a pioneer in the industry of sustainability as it pertains to energy efficiency and weatherization. It is challenging to extrapolate where the line between a conventional project and a green project exists when employing the same intellectual property, knowledge and experience to all projects. T13!APWUEft V. Four Client References. i. Client: Pamela and RJ Candler (Current Residential Project) Address: 1109 Ranch Drive, Springdale AR 72762-2135 Phone: 479.283.1212 ii. Client: Angey Lyons, Interior Designer w/ Arvest Bank Operations Address: 75 N. East Av., Ste 503, Fayetteville AR 72701 Phone: 479.973.4163 iii. Client: Rachel McArtor, Property Manager w/ Arvest Bank, Tulsa Address: 502 S. Main Mall, Tulsa OK 74103 Phone: 918.631.1013 iiii. Client Luke Wigley, President w/ Security BankCard Center, Inc. Address: 225 East Eufaula, Norman OK 73069 Phone: 405.366.3910 TAPWUELL T E VI. Program: i. Bulk purchasing thru pre vetted and preferred suppliers for best price for most regularly used materials such as caulk, weather stripping, insulation(s), doors and windows etc. Regularly used materials to be maintained in a revolving inventory to mitigate unnecessary lead time and performance issues. Pre -vetted and preferred subcontractors for best price, (fully licensed and insured) subcontractors for HVAC, Plumbing, and Electrical, and Insulation. Pre -vetted and preferred subcontractors for Caulk, Paint, Carpentry etc. ii. Identify potential facilities, contact directly their building owner's and educate them on the City of Fayetteville Revolving Loan Fund and Energy Efficiency Program. Conduct an Energy Survey for the existing building. Identify potential interventions that could save energy and corresponding cost savings in their utilities for Gas, Electric, Water, Sewer and Trash. Plug interventions into Energy Modeling Program and rank interventions upon ROI (return on investment) and SIR, (savings investment ratio). iii. Direct marketing and solicitation for Non -profits to participate in this program. Conduct a thorough Energy Survey Walk thru. Identify and rank projects with the City that demonstrate highest potentials for energy efficiency interventions, corresponding energy savings and corresponding cost savings to the building owner that would go toward repaying the borrowed amount to RLF. Perform Certified Energy Audit and develop detailed scope of work. Solicit bid proposals from subcontractors for materials and labor. Manage closely in the field that the implementation for the scope of work meets the prescribed specifications to completion and final inspections prior to releasing of any money's to subcontractors. Work closely with non -profits to establish the payment program and reporting requirements. Solicit fundraising to enhance the Community RLF. • TREAPWUELL TE VII. Cost Proposal: Treadwell Institute will perform the services listed above at a flat 20% fee, of the total RLF of $275,000, for a maximum annual fee of $55,000. Any loan amount of the RLF not allocated towards projects within the 1 -year contract duration will be refunded at that same 20%. END Miket C. Lolley 20 South HW Avenue • Fayetteville, AR 72701 • Mikel.lolley@gmail.com • 479.841.7801 Objective To grow a program, or a company devoted to Green Building, Green Jobs, and Green Jobs Training that can make "Rear measurable contributions toward a greater sustainability of energy and of our natural resources. Qualifications Summary • A uniquely broad perspective of expanded scope of services and unorthodox delivery methods for building design and construction to meet the unique demands of project types and building owners. = Creative entrepreneurial mind that is able to identify opportunities to expand scope of service to clients, able to identify opportunities to solve delivery problems thru non traditional methods. • Excellent team building and communication skills that foster trust and cooperation among the various share holders invested in designing and constructing buildings. Education University of Arkansas at Fayetteville, School of Architecture Bachelor of Architecture, Class of 1995 Work Experience Construction Manager 1 2003 - 2008 Arvest Bank Operations, inc. /Architectural Management/Fayetteville, AR Responsible for representing owners interest for a regional bank with branch locations in a (4) four state area. Responsible for managing 30 million annually in a wide range of bank branch facilities, expansions and construction: • Provide expertise in Site Selection for New Bank Branch Locations, including ATM sites. • Review Real Estate Contracts for Site Purchase and/or Land Lease. • Provide Due Diligence items such as - Soils Testing, Phase 1, Environmental for informing Real Estate Contracts. • Production of Schematic Site Plan Drawings for New Sites. • Production of Schematic Floor Plans for Remodels and/or Additions on existing facilities. • Participate in Selection Process for Consultant Teams (Architects, and Engineers), responsible for producing quality sets of Construction Documents. • Any further Design Development necessary during Construction Document phase. • Distribution of final construction documents to owner vendors for coordination. • Actively engaged in the Selection Process for General Contractor, either thru competitive bid, negotiated contract, or pre -qualification criteria, based upon project type. • Review of Construction Contracts between Owner and General Contractor. • Representing owner's interest during all phases of actual construction. = Representing owner's interest for any warranty issues, or ongoing facilities issues after substantial completion. • Co-authored revised bank building prototype standards and construction guidelines. • Ensure that prototype standards were implemented bank wide on all projects where applicable. Accomplished the development of expanded owner famished vendor list with national material suppliers in order to maintain off-site warehousing, maintain prototype continuity, eliminate lead time delays, and reduce product quality variables, as well as, pooling purchasing power for best price and service. Accomplished in the Development of first LEED Certified (Silver) freestanding bank branch in the state of Arkansas. Director 1 Marketing 2002 — 2003 Resource Design /Rogers, AR 72756 Responsible for New Client Development, and Existing Client Business Development. Non- traditional Project Manager for national retail clients, as well as, several regional bank clients. • Developed complete brand and prototype packages for new retail stores, mall application, tenant finish and remodel projects. • Developed opportunities with owners to expand scope of service toward design/build. • Developed relationships with local owners and developers toward expanding local presence for projects within the Northwest Arkansas Region. • Project Manager for several national retailers, and several regional banks — All aspects from initial design, thru to expanded service of construction management. Accomplished negotiating initial contracts among key partners for full-service design/build projects between the, (Owners, Contractors, Consultants, and Employer) whereby, 1 would serve as single point of contact thru-out projects duration, from initial thoughts to handing them the keys to their new facility. Director of Architectural Production and Design 1 2001 -- 2003 Southwind Group, Inc. /Arkansas Once /Rogers, AR 72756 Responsible for all design, the production and distribution of the construction documents, as well as expanded scope of construction management services. Responsible as qualifying party to obtain State License for General Contractor in states where we had projects under contract. • Honor re -assigned, Wal-Mart In-store bank branch construction contracts that had yet to be fulfilled when Wal-Mart Financial Services dissolved Wal-Mart Realty In-store bank leasing and construction program, (15 projects, valued at 3 million in construction, built -out in 6 months). • Developed branding, prototype architectural design, and construction packages for new retail stores, primarily big box, dark store, tenant divide, and tenant finish. • Developed opportunities and expanded scope of services for existing clients for other project types. • Developed turn -key design/build services, single contract, from initial design thru construction. • Developed opportunities with potential big box owners and developers interested in tum -key design/build scope of service for build -out within Wal-Mart dark stores. • Director of production for all architectural drawings, from schematic conceptual sketches, to full sets of construction documents. Accomplished the development of expanded contractor vendors list between national material suppliers for onsite warehousing, thereby, eliminating lead-time delays, product quality variables, as well as, pooling purchasing resources for best price and service. Accomplished the role of Qualifying Party for General Contractor, whereby, 1 took the States Licensing Exams in states where we had projects needing licensing. Accomplished the brokering of partners necessary to establish the Northwest Arkansas Office, and then be able to obtain the outstanding Wal-Mart Realty, In-store bank construction contracts. Project Manager 1 1998 — 2001 Harrison French Architecture /Bentonville, AR 72712 Responsible for all design, production, and distribution for the construction documents, as well as expanded scope of construction management service for Wal-Mart Realty Construction. Accomplished in the development of expanded owner furnished, contractor installed items in an effort to meet stringent timelines for a 4 week tenant build -out on approx. 40 tenant finish, €n -store Bank Branch projects per year. Accomplished the development of the parallel program, Harrison French Banks, to provide similar service to bank clients building In-store retail bank branches in locations outside of Wal- Mart Supercenters. Project Manager I Principle Designer 11995 —1998 Great Southern Metals Company / Fayetteville, AR Responsible for sales and design of custom ironwork. Provided hands-on coordination from design thru to the fabrication of the finished product, and including installation. Worked closely with owners, interior designers and architects for producing unique custom pieces ranging from furniture and light fixtures, to driveway gates and fencing, to elaborate interior handrails and door pulls, to complete metal stair cases and custom handrails for large commercial spaces, such as, hotel lobbies and restaurants, etc. Accomplished establishing an inventory and catalogue of rejected custom scrolls from our lighting shop to be used on these unique custom designed pieces, and at considerable savings to the owners. This generated a new revenue stream from rejected lighting fixture parts that would have previously been only worth their weight in recycling. Owner I Developer I Specifier! Contractor Treadwell Institute /Fayetteville, AR Facilities Manager! 1991 — Present Responsible for the purchase of multiple blighted properties located in downtown Fayetteville over the past fifteen years and redeveloping them into higher -end apartments. Accomplished transforming a wide range of building types, including two 6000 square foot Victorian single family homes, as well as, two 8-plexes, and six townhouses with a vacancy rate of over 60%, doubling existing rent roles and reducing the vacancy rate to no more than 5%. Sole Proprietor 11985- 1988 Eclectlques Antique and Curio Shop Little Rock, AR 72205 • Charter Member / Architectural Advisor, Washington County F • Chair of Fayetteville, Historic District Commission. • Member for Fayetteville Forward, Green Economy Group. = Member for Fayetteville Forward, Historical & Heritage Group. • Founder and Director of Treadwell Institute. • Steering Committee Board Member of the USGBC, West Chapter. • Competitive Runner. Preservation Ie City of Fayetteville, Arkansas Purchasing Division -- Room 306 113W. Mountain Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 TDD (Telecommunication Device forthe Deaf): 479.521.1316 REQUEST FOR PROPOSAL: RFP 10-10, Administrator for Community Revolving Loan Fund DEADLINE: Wednesday, June 16, 2010 at 3:00 PM, Central Standard Time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforen ci.fa etteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Monday, May 24, 2010 REQUEST FOR PROPOSAL RFP 10-10. Administrator for Community Revolving Loan Fund No late proposals will be accepted, RFP's shall be submitted in sealed envelopes labeled "RFP 10-10, Administrator for Community Revolving Loan Fund" with the name and address of the bidder. All Proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, ail 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 Contact Person: M Title: ctrflvtr E -Mail: Aif!L iL. Lo Q Cox. ii.. C'r4 Phone: f4! 7S0 Business Address: 2042. l LL - City: State: ,r2_ Zip: 7Z5ziO I Signature: Date: - OIo,"fd /1O City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 1 of 24 City of Fayetteville RFP 10-10, Administrator for Community Revolving Loan Fund SECTION D: Vendor References The following information is required from all Proposers so all proposals may be reviewed and properly evaluated COMPANY NAME: e2717u7E BUSINESS ADDRESS: 2. Ll.- - - NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: i1s TOTAL NUMBER OF CURRENT EMPLOYEES: -L_ _ FULL TIME 0 PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: 1- FULL TIME -a PART TIME PLEASE LIST PERFORMED 1.tta��� COMPANY NAME 4 - CITY, STATE, ZIP ONTACT PERSON • Z. - fZIZ TELEPHONE FAX NUMBER LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY SIMILAR CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS (Al! fields must be oomoleted): • oj ITY, STATE, ZIP CONTACT PE SON TELEPHONE FAX NUMBER �/ mil. •i' / �' "�,� t _ /Y4M±wdz?1 3. COMPANY NAME CITY, STATE, ZIP 7 U -2 4e CONTACT PERSON TELEPHONE FAX NUMBER .` E-MAIL ADDRESS 4. r COMPANY NAME CITY, STATE, ZIP C TAC PERSON . TEL PHONE FAX NUMBER E-MAIL ADDRESS City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 16of24 City of Fayetteville RFP 10-10, Administrator for Community Revolving Loan Fund SECTION E: Statement of Disclosure -- To Be Submitted With ALL Proposals This page does not count towards page limitations set forth in this request for proposal or bid. Proposer must disclose any possible conflict o₹ interest with- the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee_ Your response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration, PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR BID OR PROPOSAL: 1.) 1, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and 2.) My' organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. Prm d ame Signature p4A Date City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 17 of 24 City of Fayetteville RFP 10-10, Administrator for Community Revolving Loan Fund SECTION F: Authorized Negotiator Information — To Be Submitted Wlth ALL Proposals 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. Name of Firm: ./Pas.r7r41.-7 / r7-JL= Name of Primary Contact: Is the primary contact (listed in Part I) able to legally bind contracts? Es No (circle one) If no, please list contact that can legally bind a contract for the firm: Name: Title; Phone#1 (cell preferred): E -Mail Address: Signed: A4a- Lo Phone#2: City of Fayetteville, AR RFP 10-10, Administrator for Community Revolving Loan Fund Page 18 of 24 FAYETTEVI THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL 1)N PARTMI NT MEMORANDUM TO: ANDREA FOREN, PURCHASING AGENT FROM: JASON B. KELLEY, ASST. CITY ATTORNEY /C DATE: JUNE 22, 2010 RE: TREAD WELL INSTITUTE/CONFLICTS ISSUE I have reviewed the information you provided concerning a proposal submitted pursuant to RFP 10-10 by Treadwell Institute. It appears that Alderman Matthew Petty is Vice -Chairman of the Board of Directors of Treadwell, and you asked whether or to what extent this relationship may pose a conflict of interest prohibiting the City from entering into an agreement with Treadwell. State law prohibits city officials and employees from having any "interest" in contracts entered with the City. Specifically, state law states that "[n]o alderman, council member, official, or municipal employee shall be interested, directly or indirectly, in the profits of any contract for furnishing supplies, equipment, or services to the municipality unless the governing body of the city has enacted an ordinance specifically permitting aldermen, council members, officials, or municipal employees to conduct business with the city and prescribing the extent of this authority." Ark. Code Ann. § 14-42-107(b)(1). The City of Fayetteville has enacted an ordinance defining the authority of a city employee to contract with the City.' "An employee of the city shall be permitted to conduct business with the city, provided the contract or job is for services, is submitted as a competitive bid, is approved by the City Council following disclosure of the direct or indirect financial interest of the individual employee, and the total sum payable under the contract does not exceed $500.00." Fayetteville, Ark. Code § 34.26. The contract at issue with Treadwell would exceed $500.00, and as a member of the Board of Directors of Treadwell, Alderman Petty could have at least an indirect benefit from an agreement with the City. Since this is the case, I believe the City is not permitted to enter into an agreement with Treadwell pursuant to RFP 10-10. I am attaching copies of the applicable statutes for your reference. Should further questions arise, please contact me. FAYEITEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION procedure is deemed not feasible or practical; (A) Municipally owned real property shall not be offered for sale without the express authorization, (Code 1965, §2-67; Ord. No. 1215, 9-14-59; Ord. No. 1687, by resolution, of the City Council. The City 7-21-69; Ord. No. 2259, 8-3-76; Ord. No. 3400, 1.3-89; Ord. Council shall determine whether the property No. 3453, 9-5-89; Ord. No. 3676, 2-17-93; Ord. No. 3719, 7- should be rezoned prior to offering it for sale. 6-93; Codel991, §34.23; Ord. No. 4722, 7-19-05; Ord. No. 4901, 7-18-06; Ord 4963, 12-19-06; Ord, 52913, 12-15-09) (B) Such resolutions shall contain a specific finding 34.24 Repealed by the City Council that the subject real property no longer serves a municipal purpose. 34.25 Sales (A) The purchasing agent may sell or exchange any city -owned supplies, equipment, or materials if such have a fair market value of less than $2,500.00 through a quote process. Vehicles and heavy equipment are excluded from this process, (B) Such supplies, equipment, or materials which have a fair market value of $2,500.00 or more may be sold by the purchasing agent by public auction or by contract sale after formal competitive bids for the purchase therefore have been solicited by advertisement and by other means and such bids have been received and opened. (C) The City Council may waive the requirements for public auction or formal competitive bids for sales of personal property in exceptional situations where such procedures are deemed not feasible nor practical. (Code 1965, §2-69; Ord. No, 1215, 9-14-59; Ord. No. 1827, 10.4-71; Ord. No. 2006. 5-7-74; Ord. No. 3545, 4-16.91; Code 1991, §34.25; Ord. 4553, 04-06-04; Ord. 4723, 7-19- 05) 34.26 Authority Of City Employee To Contract With The City An employee of the city shall be permitted to conduct business with the city, provided the contract or job is for services, is submitted as a competitive bid, is approved by the City Council following disclosure of the direct or indirect financial interest of the individual employee, and the total sum payable under the contract does not exceed $5O0,00. (Code 1955, §2-70; Ord. No, 3013, 6-5-84; Code 1991, §34.26) State law reference(s)—Purchase, lease and sale authorized, A.C.A. §14-42-107, 34.27 Sale Of Municipally Owned Real Property CD34:5 (C) Two simultaneous and independent appraisals of the real property shall be obtained by the city for the City Council's consideration, dated within six months of the proposed sale. (D) Public notice shall be given not less than thirty calendar days before the first City Council meeting at which such a resolution is introduced, by all of the following means: (1) A conspicuous display advertisement placed in a newspaper of general circulation in the city, on at least four separate occasions; (2) Certified mail, return receipt requested, to all adjacent property owners; and (3) Signs, prominently displayed, and at all approaches to the subject real property, announcing that the City Council will be considering the sale of the real property, the date on which the sale is to be debated, as well as the telephone number of the mayors office. (E) Upon an affirmative vote of the City Council, the city shall solicit sealed bids, at a minimum price set by the City Council, from all interested parties. Bids must equal or exceed the minimum price set by the City Council and the appraised value of the property. (F) The city shall sell the subject real property to the highest qualified bidder. In the event none of the bids from a qualified bidder equals the minimum price set by the City Council, the city shall reject all bids, and may reopen the bidding, upon City Council approval. (G) Upon receipt of an acceptable bid, and authorization by a separate resolution of the City Council, the conveyance of the real property shall be performed by the mayor and city clerk. (H) Exemptions from the requirements of this ordinance; Page 2 of 5 Westlaw A.C.A. § 14-42-107 Page 1 C West's Arkansas Code Annotated Currentness Title 1,4. Local Government Subtitle 3. Municipal Government (Chapters 36 to 69) '�® Chapter 42. Government of Municipalities Generally KW Subchapter 1. General Provisions - § 14-42-107. Interest in offices or contracts prohibited (a)(1) No alderman, member of any council, or elected official of a municipal corporation, during the term for which he or she has been elected or one (1) year thereafter, shall be appointed to any municipal office that was created or the emoluments of which have been increased during the time for which he or she has been elected except to fill a vacancy in the office of mayor, alderman, clerk, clerk-treasurer,recorder, or recorder -treasurer. (2) No alderman or council member shall be appointed to any municipal office, except in cases provided for in §§ 14-37-101 et seq. -- 14-61-101 et seq., during the time for which he or she may have been elected. (b)(1) No alderman, council member, official, or municipal employee shall be interested, directly or indirectly, in the profits of any contract for furnishing supplies, equipment, or services to the municipality unless the gov- erning body of the city has enacted an ordinance specifically permitting aldermen, council members, officials, or municipal employees to conduct business with the city and prescribing the extent of this authority. (2) The prohibition prescribed in this subsection shall not apply to contracts for furnishing supplies, equip- ment, or services to be performed for a municipality by a corporation in which no alderman, council member, official, or municipal employee holds any executive or managerial office or by a corporation in which a con- trolling interest is held by stockholders who are not aldermen or council members. CREDIT(S) Acts of 1875, Act 1, § 86, p. 1; Acts of 1963, Act 182, § 1; Acts of 1981, Act 485, § 1; Acts of 2003, Act 1299, § 1, eff. July 16, 2003; Acts of 2009, Act 403, § 1, eff, July 31, 2009. Formerly C. & M. Dig., § 7520; Pope's Dig., § 9580; A.S.A. 1947, § 19-909. HISTORICAL AND STATUTORY NOTES Arkansas Code Revision Commission Technical changes were made in 2003, 2007, and 2009 to conform with the official Arkansas Code of 1987 as O 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?sv--Split&prft=-HTMLE&fn=top&mt=W... 6/22/2010 June 22, 2010 To whom in may concern: Effective immediately, I am resigning from the Board of Directors of the Treadwell Institute, I have enjoyed serving on the Board of an organization performing such important work, but potential conflicts of interest which may arise from my elected position with the City of Fayetteville may prevent the organization from performing important work in coordination with our local government. Sincerely, I' t' 7:/ `; r � r ''r A l i Matthew Petty THE CITY OF FAYETTEVILLE, ARKANSAS CORRESPONDENCE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8272 TO: Lioneld Jordan, Mayor FROM: John Coleman, Sustainabiiity Director �C- Thru: Don Marr, Chief of Staff DATE: August 3, 2010 SUBJECT: RE: Memo from Assistant City Attorney -- Treadwell Institute/Conflicts Purpose Following the July 27, 2010 City Council Agenda Session there were questions from City Council members regarding the relationship between Alderman Matthew Petty and the Treadwell Institute due to a memo from Assistant City Attorney, Jason Kelley that was included in the agenda packet. The purpose of this memo is to clarify the terms of that relationship and to describe the decision - making process for how the Treadwell Institute was selected for this contract. Description The deadline for RFP 10-10 Community Revolving Loan Fund was June 16, 2010. Treadwell Institute, a local non-profit, was the only submittal for this RFP. On June 22, 2010 it was determined that Alderman Matthew Petty was an active board member for Treadwell Institute. For clarification this information was presented to Jason Kelley, Assistant City Attorney. Jason responded with a memo (see City Council Agenda Packet) outlining the state law that "prohibits city officials and employees from having any'interest' in contracts entered with the city." Mikel Lolley, Treadwell Institute, was notified of the violation. Since Treadwell Institute was the only submittal Mr. Lolleywas given the opportunity to address the issue. A short time later on June 22, 2010, Alderman Matthew Petty submitted a letter of resignation to the Treadwell Institute which was then given to city staff. Based on this letter and the Treadwell Institute's position as the only applicant, city staff determined that the Treadwell Institute remained a viable alternative for this project. On June 25, 2010, the proposal from Treadwell Institute was sent via email to the RI=P selection committee (see attached email). The committee determined that Treadwell met all of the criteria required of the RFP and was officially selected. omments: John Coleman Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements n/a City Council Meeting Date Agenda Items Only Sustainability & Strategic Planning Division Department t Action i equirea: A change order for Resolution 138-10 amending the contract with Treadwell Institute to provide project management services for the Community Revolving Loan Fund. $ 11,083.27 $ 55,000.00 Cost of this request Category / Project Budget 2240.9240.5314.00 $ 41,250.06 Account Number Funds Used to Date 09011.0020 $ 13,749.94 Project Number Remaining Balance Budgeted Item I ^ r Budget Adjustment Attached Department Director ate Ci rney Date �Pcu1J a Date Energy Block Grant Program Category I Project Name Energy Block Grant Program 1 Project Category Name Energy Block Grant Fund Name n Previous Ordinance or Resolution # 1 Original Contract Date: Original Contract Number: Received in Cityj g_? 7._ 1 1 P01:53 R C V D Clerk's Office -I, Date ENY ED Received in 40P/& Mayor's Office_Da a Revised January 15, 2009 a ettvIlle -ARKANSAS TO: Lioneld Jordan, Mayor FROM: John Coleman, Sustainability & Strategic Planning 5C_, DATE: September 7, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE SUBJECT: Change Order - Resolution 138-10 — Contract with Treadwell Institute On August 24, 2010 the City of Fayetteville entered into an agreement with Treadwell Institute to serve as project manager for the City's Community Revolving Loan Fund. The contract stated that Treadwell Institute would perform the services for a flat 20% fee, of the total RLF of $275,000, for a maximum annual fee of $55,000. On July 15, 2011, City of Fayetteville staff, including project team members, Andrea Foren, Peggy Bell, and myself along with Paul Becker and Marsha Hertweck decided to reduce the project total amount from $275,000 to approximately $170,000 and a maximum of three contracts. This decision was made because of the extended amount of time it had already taken to develop this new lending program, and the anticipated time of implementation of the three contracts with Mt Sequoyah, Chamber of Commerce, and Botanical Gardens of the Ozarks. This change limits the total one year contract between August 24, 2010 and August 24, 2011 to $34,000. Because the project implementation period has extended beyond the one year contract date of August,24, 2011, the RLF project team has agreed to extend the contract with Treadwell Institute until January 10, 2012 at a fee of $18,333.33. This extended period will allow for the completed construction of the three contracts as well as sufficient time to complete reporting requirements to the Department of Energy. To date the City has paid $41,250.06 on the contract and will spread the remaining $11,083.27 over five payments. All funding for this project comes from the Energy Efficiency and Conservation Block Grant program through the United States Department of Energy. Amendment to Contract for Services Executed between The City of Fayetteville, Arkansas and Treadwell Institute The City of Fayetteville and Treadwell Institute agree to extend the service contract for the Community Revolving Loan Fund as identified in the contract for services executed between the City of Fayetteville, Arkansas and Treadwell Institute and approved by Resolution No. 138-10 of the City Council of the City of Fayetteville, Arkansas, for a period ending January 10, 2012. The City of Fayetteville will pay a total of $11,083.27 in five payments of $2,216.65 each to perform project management services for this additional period. The City of Fayetteville and Treadwell Institute specifically agree that In no event shall Treadwell Institute's compensation pursuant to the agreement exceed a total of $55,000.00 for all services rendered. All other terms and conditions of the existing agreement between the parties, and not inconsistent with this amendment, shall remain in full force and effect. By: L LIO ELD JORD ayor MIKEL OLLEY, T dwell Institute �6 l Date Date