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2022-08-16 - Agendas - Archive
Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting August 16, 2022 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on August 16, 2022 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. Pledge of Allegiance: Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report: Agenda Additions: A. Consent: 1. Approval of the August 2, 2022 City Council Meeting Minutes. APPROVED 2. 2022-0719 University of Arkansas Athletic Department: A resolution to congratulate the University of Arkansas Athletic Department for being selected by CBS Sports as the fifth best in the nation. THIS AGENDA ITEM WAS PULLED FOR FURTHER DISCUSSION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 186-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 3. 2022-0632 Amendment No. 2, Burns & McDonnell Engineering Company, Inc.: A resolution to approve Amendment No. 2 to the Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc. in the amount of $33,880.00 for a hydraulic analysis and survey associated with a project to address scour at the South Armstrong Avenue Bridge over Town Branch. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 177-22. 4. 2022-0686 Change Order No. 5 Tri Star Contractors, LLC: A resolution to approve Change Order No. 5 to the contract with Tri Star Contractors, LLC for additional work associated with the Zion Road - Vantage Drive to Crossover Road Project in the amount of $264,597.22, to approve a project contingency in the amount of $120,000.00, and to approve a budget adjustment — 2019 Transportation Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 178-22. 5. 2022-0690 RFQ 22-07 Crossland Heavy Contractors, Inc.: A resolution to authorize a contract with Crossland Heavy Contractors, Inc., pursuant to RFQ 22-07, in the initial amount of $78,550.00, to provide construction manager at risk services for the Midtown Corridor Project, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 179-22. 6. 2022-0684 Amendment 1, Boston Mountain Solid Waste District: A resolution to approve a contract amendment with the Boston Mountain Solid Waste District for Environmental Education and Outreach Services through the end of 2022 in the amount of $9,500.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 180-22. 7. 2022-0692 Commercial Electronics Corp: A resolution to approve the purchase of a phone system recorder from Commercial Electronics Corp in the amount of $139,125.90 plus any applicable taxes and shipping charges, pursuant to a Houston -Galveston Area Council cooperative purchasing contract. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 181-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 8. 2022-0694 Thermal Dryer at the Biosolids Management Site: A resolution to approve a budget adjustment in the amount of $346,580.00 to fund site preparation work prior to the installation of the thermal dryer at the Biosolids Management Site PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 182-22. 9. 2022-0681 Amendment No. 1, Miller Boskus Lack Architects, P.A.: A resolution to approve Amendment No. 1 to the Professional Architectural Services Agreement with Miller Boskus Lack Architects, P.A in the amount of $754,200.00 for architectural Services associated with the Yvonne Richardson Community Center Expansion, and to approve a budget adjustment - 2022 Park Improvement Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 183-22. 10. 2022-0682 Change Order No. 5 JBZ, Inc. DB/A Ellingson Contracting: A resolution to approve change order no. 5 to the contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $148,038.00 for additional construction associated with the Woolsey Farmstead Restoration Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 184-22. 11. 2022-0683 Nabholz Construction Change Order 11, Cultural Arts Corridor: A resolution to approve Change Order No. 11 to the contract with Nabholz Construction Corporation in the amount of $4,984,952.00 for West Avenue Improvements and the Greenway Trail Improvements related to the Cultural Arts Corridor Project, and to approve a budget adjustment - 2022 Cultural Arts Corridor Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 485-22. B. Unfinished Business: 1. 2022-0595 RZN 22-025 (507 S. Church Ave.): An ordinance to rezone that property described in rezoning petition RZN 22-025 located at 507 South Church Avenue in Ward 1 for approximately 0.17 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. This Agenda Item Was Tabled to The July 19, 2022 City Council Meeting and Left on A First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6594 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov C. New Business: 1. 2022-0689 Walton Family Foundation Grant Acceptance: a resolution to authorize the acceptance of a 50150 Matching Grant of up to $1,400,000.00 from the Walton Family Foundation to construct an expansion of the Yvonne Richardson Community Center and support public engagement and programming, and to approve a budget adjustment - 2019 Park Improvement Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 187-22 2. 2022-0631 2022 Community Development Block Grant (CDBG) Action Plan: A resolution to approve the 2022 Community Development Block Grant (CDBG) Action Plan, to authorize Mayor Jordan to execute the CDBG Agreement for 2022 in the amount of $725,638.00 when received. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 188-22. 3. 2022-0644 Griffin Residuals, LLC: An ordinance to waive competitive bidding and approve the Griffin Residuals Drying as a Service Agreement with the City of Fayetteville, to approve a contingency amount of $81,250.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6595 4. 2022-0693 West End Apartments: A resolution to authorize Mayor Jordan to sign an offer to purchase approximately 1.74 acres of land located at 1125, 1137, 1153, and 1189 North West End Avenue for the amount of $1,390,000.00 plus closing costs, to approve a project contingency in the amount of $10,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 189-22. 5. 2022-0707 School Resource Officer: A resolution to approve the addition of a new full time equivalent police officer position to be assigned to the Fayetteville Public School District as a school resource officer beginning in the 2022-2023 school year, to express the intent of the City Council to add two new school resource officer positions each year thereafter until every school in the district is able to have an officer on site each school day, and to approve a budget adjustment. THIS AGENDA ITEM WAS AMENDED TO ADD $3000.00 FOR EACH SRO FOR SOCIAL WORK OR COUNCELING EDUCATION. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 190-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 6. 2022-0691 RZN 22-028 (1466 N. Gregg Ave./Reynolds): An ordinance to rezone that property described in rezoning petition RZN 22-028 located at 1466 North Gregg Avenue in Ward 2 for approximately 0.43 acres from RSF-4, Residential Single -Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6596. 7. 2022-0695 Appeal RZN 22-029 (1678 W. Palmer Pl./Rich): An ordinance to rezone that property described in rezoning petition RZN 22-029 located at 1678 West Palmer Place in Ward 1 for approximately 0.35 acres from RSF-4, Residential Single -Family, 4 units per acre to RI-U, Residential Intermediate -Urban. THIS AGENDA ITEM FAILED. 8. 2022-0718 Johnson Controls Inc.: A resolution to authorize Mayor Jordan to sign an Energy Savings Performance Contract with Johnson Controls Inc., pursuant to RFQ 20-06, in the amount of $4,448,399.00, to authorize Mayor Jordan to negotiate and sign agreements with the Advertising & Promotion Commission and the Fayetteville Public Library for the payment of their respective project costs, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 191-22. Announcements: City Council Agenda Session Presentations: 1. 2022-0724 Agenda Session Presentation - Time to Acknowledge A Different History, Council Member Jones and Dr. Banton City Council Tour: Rich Rezoning Appeal Tour (Agenda Item 2022-0695) Date: August 15, 2022, Time: 4:00 PM, Address: 1678 W. Palmer Place, Parking: Parking is available on -street along Hartman Avenue, Request: An appeal to the Planning Commission's denial to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre, to RI-U, Residential Intermediate -Urban. Adjournment: 11:13 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting: August 16, 2022 Adjourn: Res.177-?2 1 -15 LO. M , �Ord.6594 Subject: Roll Jones (W1P2) Kinion W2P1) "PA 1,6 L, Wiederkehr (W2P2) Scroggin (W3P1) Bunch P, (W3P2) Turk n (W4P1) Hertzberg (W4P2) Harvey n (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 Resolutions Subject: Consent Motion To: Motion By: Seconded - A. 1 A.2-& Jones (W1P2) A.317?-ai+ A.4 AR Kinion (W2P1) A.5IN-a2 A. 6 _ Wiederkehr (W2P2) A.7 t4i-94 A. S _ Scroggin (W3P1) % J A. 9 lq-g, A.10 .;[ Bunch (W3P2) A.11Igr Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan 7-a Subject:All _ O _D �dL� Motion To: P?fif� Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) ` 1 Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan WIMP] City Council Meeting: August 16, 2022 ORDINANCE Subject: RZN 22-025 (507 S. CHURCH AVE.): 2022-0595 Motion To: AAJ _ Motion By: Seconded:. Jones f Unfinished (W1P2) Business Kinion (W2P1) Wiederkehr / ✓ B.1 (W2P2) Scroggin % (W3P1) ✓ ✓ Bunch (W3P2) CA Turk (W4P1 Hertzberg / J (W4P2) Harvey f J (W1P1) Mayor Jordan '? _0 12-0 b Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 Resolution Subject: WALTON FAMILY FOUNDATION GRANT ACCEPTANCE: 2022-0689 Motion To: Motion By: A2W"4::� Seconded: Jones / New (W02) Kinion Business (W2P1) Wiederkehr CA (W2P2) Scrogginl w (� (W3P1) ��. Bunch j (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan 1 v—C) Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 Resolution 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION Subject: PLAN:2022-0631 Motion To: qe� Motion By: ` Seconded: Jones New (W1P2) Kinion / Business (W2P1) ✓ Wiederkehr C.2 (W2P2) Scroggin (W3P1) Bunch / �-��C„(VV (W3P2) J Turk (W4P1) ✓ Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan WE Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 Ordinance Subject: GRIFFIN RESIDUALS, LLC: 2022-0644 Motion To: a-d# /-4 �[(� Motion By: Seconded:A�v �-99 New Jones (W1P2) Kinion ✓ Business (W2P1) Wiederkehr C.3 W2P2) Scroggin j (W3P1) � Bunch / (W3P2) �/ �/ ✓ Turk ✓ (W4P1) Hertzberg ✓ ✓ (W4P2) Harvey (Wiri) ✓ J ✓ Mayor Jordan 4�K - o Z5- a es- 0 Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 RESOLUTION Subject: WEST END APARTMENTS: 2022-0693 Motion To: Motion By: Seconded: New Business C.4 Jones (W02) Kinion (W2P1) Wiederkehr (W2P2) A el 4C(" Scroggin (W3P1) Bunch (W3P2) / ✓ Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) % ✓ Mayor Jordan -0 Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 RESOLUTION Subject: SCHOOL RESOURCE OFFICER: 2022-0707 Motion To:01 3 OCJ Motion By: Seconded: Jones New (W1P2) Kinion / ✓ �/ Business (W2P1) Wiederkehr / ✓ C.5 (W2P2) Scroggin (W3P1) f .1� Bunch / ✓ (W3P2) V/ Turk (W4P1) Hertzberg ✓ (W4P2) Harvey (W1P1) ✓ �/ Mayor Jordan e6-0 Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 Ordinance Subject: RZN 22-028 (1466 N. GREGG AVE./REYNOLDS): 2022-0691 Motion To: •/ Motion By: Seconded:—� New Jones (W1P2) / Business Kinion/ (W2P1P1) ✓ C.6 Wiederkehr (W2P2) Scroggin (W3P1) / ✓ / ✓ / ✓ Bunch (W3P2) / ✓ Turk (W4P1) / ✓ ✓ Hertzberg (W4P2) ✓ �/ ✓ Harvey (W1P1) ✓ ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones W1P2) Kinion W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 Ordinance Subject: APPEAL RZN 22-029 (1678 W. PALMER PL./RICH): 2022-0695 Motion To: Motion By: Seconded:sdd Jones New (W1P2) Kinion ✓ Business (W2P1) Wiederkehr C.7 (W2P2) Scroggin ✓ ✓ (W3P1) Bunch ✓ (W3P2)✓ Turk (W4P1) Hertzberg j (W4P2) Harvey (W1P1) �/ ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: August 16, 2022 RESOLUTION Subject: JOHNSON CONTROLS INC.: 2022-0718 Motion To: aee"� Motion By: Seconded: („ Jones New (W1P2) Kinion / Business (W2P1) Wiederkehr C.8 (W2P2) Scroggin r� r (W3P1) Bunch (W3P2) Turk / (W4P1) ✓ Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan 4-0 Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, August 9, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin 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 Agenda Session Tentative Agenda Zoom Information: Public Registration Link: https://us06web.zoom.us/webinar/register/WN_-t61 MK9URx6J89BX6Irv3 g Webinar ID: 8271022 9384 jCall To Order fRoll Call /Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: ✓ A. Consent: A.l 2021-1056 APPROVAL OF THE AUGUST 2, 2022 CITY COUNCIL MEETING MINUTES 2022-0632 ■ ����� A ,3 AMENDMENT NO. 2, BURNS & MCDONNELL ENGINEERING COMPANY, INC.: August 9, 2022 A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $33,880.00 FOR A HYDRAULIC ANALYSIS AND SURVEY ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH City of Fayetteville, Arkansas Page 2 Printed on 8/9/2022 City Council Agenda Session Tentative Agenda August 9, 2022 2022-0686 MCHANGE ORDER NO. 5 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH TRI STAR CONTRACTORS, LLC FOR ADDITIONAL WORK ASSOCIATED WITH THE ZION ROAD - VANTAGE DRIVE TO CROSSOVER ROAD PROJECT IN THE AMOUNT OF $264,597.22, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT 2022-0690 " RFQ 22-07 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR -PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT i>C� 2022-0684 A . b AMENDMENT 1, BOSTON MOUNTAIN SOLID WASTE DISTRICT: A RESOLUTION TO APPROVE A CONTRACT AMENDMENT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES THROUGH THE END OF 2022 IN THE AMOUNT OF $9,500.00 I)< 2022-0692 A,? COMMERCIAL ELECTRONICS CORP: A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER FROM COMMERCIAL ELECTRONICS CORP IN THE AMOUNT OF $139,125.90 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT City of Fayetteville, Arkansas Page 3 Printed on 8/9/2022 City Council Agenda Session Tentative Agenda August 9, 2022 '1'114� 2022-0694 to . THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF S346,580.00 TO FUND SITE PREPARATION WORK PRIOR TO THE INSTALLATION OF THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE 2022-0681 %q AMENDMENT NO. 1, MILLER BOSKUS LACK ARCHITECTS, P.A.: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $754,200.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 PARK IMPROVEMENT BOND PROJECT Ix 2022-0682 A.10 CHANGE ORDER NO.5 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF S148,038.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WOOLSEY FARMSTEAD RESTORATION PROJECT jj>59 2022-0683 A ` NABHOLZ CONSTRUCTION CHANGE ORDER 11, CULTURAL ARTS CORRIDOR: A RESOLUTION TO APPROVE CHANGE ORDER NO. 11 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $4,984,952.00 FOR WEST AVENUE IMPROVEMENTS AND THE GREENWAY TRAIL IMPROVEMENTS RELATED TO THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 CULTURAL ARTS CORRIDOR BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 8/9/2022 City Council Agenda Session Tentative Agenda August 9, 2022 AUnfinished Business: B.1 2022-0595 RZN 22-025 (507 S. CHURCH AVE.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD 1 FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN This agenda item was tabled to the August 16, 2022 City Council Meeting. C. New Business: C.1 2022-0689 WALTON FAMILY FOUNDATION GRANT ACCEPTANCE: A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 50150 MATCHING GRANT OF UP TO $1,400,000.00 FROM THE WALTON FAMILY FOUNDATION TO CONSTRUCT AN EXPANSION OF THE YVONNE RICHARDSON COMMUNITY CENTER AND SUPPORT PUBLIC ENGAGEMENT AND PROGRAMMING, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT C.2 2022-0631 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: A RESOLUTION TO APPROVE THE 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2022 IN THE AMOUNT OF $725,638.00 WHEN RECEIVED City of Fayetteville, Arkansas Page 5 Printed on 8/9/2022 City Council Agenda Session Tentative Agenda August 9, 2022 C.3 2022-0644 GRIFFIN RESIDUALS, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE, TO APPROVE A CONTINGENCY AMOUNT OF AND TO APPROVE A BUDGET ADJUSTMENT I� 2;0. oa /C. 4 2022-0693 WEST END APARTMENTS: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT C.5 2022-0707 SCHOOL RESOURCE OFFICER: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 6 Printed on 8/9/2022 City Council Agenda Session Tentative Agenda August 9, 2022 "'/C.6 2022-0691 RZN 22-028 (1466 N. GREGG AVE./REYNOLDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-028 LOCATED AT 1466 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE C.7 2022-0695 APPEAL RZN 22-029 (1678 W. PALMER PL./RICH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-029 LOCATED AT 1678 WEST PALMER PLACE IN WARD 1 FOR APPROXIMATELY 0.35 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN /Proposed Agenda Additions 1// 2022-07I8 ■� JOHNSON CONTROLS INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $4,448,399.00, TO AUTHORIZE MAYOR JORDAN TO NEGOTIATE AND SIGN AGREEMENTS WITH THE ADVERTISING & PROMOTION COMMISSION AND THE FAYETTEVILLE PUBLIC LIBRARY FOR THE PAYMENT OF THEIR RESPECTIVE PROJECT COSTS, AND TO APPROVE A BUDGET ADJUSTMENT 2022-0719 UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT: A RESOLUTION TO CONGRATULATE THE UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT FOR BEING SELECTED BY CBS SPORTS AS THE FIFTH BEST IN THE NATION City of Fayetteville, Arkansas Page 7 Printed on 8/9/2022 City Council Agenda Session Tentative Agenda August 9, 2022 J 2022-0721{,"� RENAME ARCHIBALD YELL BOULEVARD TO NELSON HACKETT BOULEVARD: A RESOLUTION TO RENAME ARCHIBALD YELL BOULEVARD TO NELSON HACKETT BOULEVARD aaa � / . 2022-0722f" NELSON HACKETT HISTORICAL MARKER: A RESOLUTION TO ALLOW THE INSTALLATION OF AN HISTORICAL MARKER IN HONOR OF NELSON HACKETT IN THE CITY FLOWER BED IN FRONT OF THE BANK OF FAYETTEVILLE City Council Agenda Session Presentations: '/D. D.1 2022-0724 AGENDA SESSION PRESENTATION - TIME TO ACKNOWLEDGE A DIFFERENT HISTORY, COUNCIL MEMBER JONES AND DR. BANTON E. CityCouncil Tour: aaaa' o 5(c.9) - S1 1 5Aaa �t �< <ao F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 8192022 rmw City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, August 9, 2022 4:30 PM City Hall Room 219 Citv Council Members Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin 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 Agenda Session Tentative Agenda August 9, 2022 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Proposed Agenda Additions A. Consent: A.1 2021-1056 APPROVAL OF THE AUGUST 2, 2022 CITY COUNCIL MEETING MINUTES 2022-0631 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: A RESOLUTION TO APPROVE THE FIVE YEAR CONSOLIDATED 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2022 IN THE AMOUNT OF $725,638.00 WHEN RECEIVED Yolanda Fields 2022-0632 �J AMENDMENT NO.2, BURNS & MCDONNELL ENGINEERING COMPANY, f , INC.: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $33,880.00 FOR A HYDRAULIC ANALYSIS AND SURVEY ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH Chris Brown City of Fayetteville, Arkansas Page 2 Printed on 8/3/2022 City Council Agenda Session Tentative Agenda August 9, 2022 AA 2022-0686 CHANGE ORDER NO. 5 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH TRI STAR CONTRACTORS, LLC FOR ADDITIONAL WORK ASSOCIATED WITH THE ZION ROAD - VANTAGE DRIVE TO CROSSOVER ROAD PROJECT IN THE AMOUNT OF $264,597.22, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT Chris Brown *.S 2022-0690 A-4 RFQ 22-07 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT Chris Brown '" - 2022-0684 A• ✓ AMENDMENT 1, BOSTON MOUNTAIN SOLID WASTE DISTRICT: A RESOLUTION TO APPROVE A CONTRACT AMENDMENT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES THROUGH THE END OF 2022 IN THE AMOUNT OF $9,500.00 Brian Pugh City of Fayetteville, Arkansas Page 3 Printed on 81312022 City Council Agenda Session Tentative Agenda August 9, 2022 ?r 2022-0689 c, WALTON FAMILY FOUNDATION GRANT ACCEPTANCE: A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 50150 MATCHING GRANT OF UP TO $1,400,000.00 FROM THE WALTON FAMILY FOUNDATION TO CONSTRUCT AN EXPANSION OF THE YVONNE RICHARDSON COMMUNITY CENTER AND SUPPORT PUBLIC ENGAGEMENT AND PROGRAMMING, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT Alison Jumper 2022-0692 AlW COMMERCIAL ELECTRONICS CORP: A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER FROM COMMERCIAL ELECTRONICS CORP IN THE AMOUNT OF $139,125.90 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT Keith Macedo ,r9 2022-0694 A.q THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $346,580.00 TO FUND SITE PREPARATION WORK PRIOR TO THE INSTALLATION OF THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE Tim Nyander City of Fayetteville, Arkansas Page 4 Printed on 8/3/2022 City Council Agenda Session Tentative Agenda August 9, 2022 A'"` 2022-0687 'A RFQ 20-06, JOHNSON CONTROLS INC.: (1a 14ef P(c-Ayd& r e 4u wed pu,U -ems A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $5,398,577.00, TO ENTER INTO AGREEMENTS WITH THE ADVERTISING & PROMOTION COMMISSION AND THE FAYETTEVILLE PUBLIC LIBRARY FOR THE PAYMENT OF THEIR RESPECTIVE PROJECT COSTS, AND TO APPROVE A BUDGET ADJUSTMENT Chi [cNamara A l 2022-0681 AlAMENDMENT NO.1, MILLER BOSKUS LACK ARCHITECTS, P.A.: ('AUBI I M* 4erlt. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $754,200.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 PARK IMPROVEMENT BOND PROJECT Wade Abernathy A 2022-0682 A,q CHANGE ORDER NO. 5 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $148,038.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WOOLSEY FARMSTEAD RESTORATION PROJECT Wade Abernathy City of Fayetteville, Arkansas Page 5 Printed on 8/3/2022 City Council Agenda Session Tentative Agenda August 9, 2022 >13 2022-0683 A/�, . I 0 NABHOLZ CONSTRUCTION CHANGE ORDER 11, CULTURAL ARTS . l CORRIDOR: A RESOLUTION TO APPROVE CHANGE ORDER NO. I 1 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $4,984,952.00 FOR WEST AVENUE IMPROVEMENTS AND THE GREENWAY TRAIL IMPROVEMENTS RELATED TO THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT Wade Abernathy B. Unfinished Business: BA 2022-0595 RZN 22-025 (507 S. CHURCH AVE.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD 1 FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN Jonathan Curth This agenda item was tabled to the August 16, 2022 City Council Meeting. C. New Business: ,el 2022-0644 j } GRIFFIN RESIDUALS, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE, TO APPROVE A CONTINGENCY AMOUNT OF $87,250.00, AND TO APPROVE A BUDGET ADJUSTMENT Tim Nyander City of Fayetteville, Arkansas Page 6 Printed on 8/312022 City Council Agenda Session Tentative Agenda August 9, 2022 2022-0693 l WEST END APARTMENTS: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT Chris Brown tea- 2022-0707 V , SCHOOL RESOURCE OFFICER: w QI,Y1(�l �J��tL-txO. A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, AND TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY Council Member Hertzberg 2022-0691 RZN 22-028 (1466 N. GREGG AVE./REYNOLDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-028 LOCATED AT 1466 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE Jonathan Curth City of Fayetteville, Arkansas Page 7 Printed on 81312022 City Council Agenda Session Tentative Agenda August 9, 2022 2022-0695 a. q APPEAL RZN 22-029 (1678 W. PALMER PL./RICH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-029 LOCATED AT 1678 WEST PALMER PLACE IN WARD 1 FOR APPROXIMATELY 0.35 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN Jonathan Curth D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 8/3/2022 L14� DEPARTMENTAL CORRESPONDENCE ia OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Jodi Ratker THRU: Kara Paxton, City Clerk Paralegal FROM: Kit Williams, City Attorney DATE: August 17, 2022 RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of August 16, 2022 1. A RESOLUTION TO CONGRATULATE THE UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT FOR BEING SELECTED BY CBS SPORTS AS THE FIFTH BEST IN THE NATION 2. A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $33,880.00 FOR A HYDRAULIC ANALYSIS AND SURVEY ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH TRI STAR CONTRACTORS, LLC FOR ADDITIONAL WORK ASSOCIATED WITH THE ZION ROAD - VANTAGE DRIVE TO CROSSOVER ROAD PROJECT IN THE AMOUNT OF $264,597.22, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT 4. A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT 5. A RESOLUTION TO APPROVE A CONTRACT AMENDMENT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES THROUGH THE END OF 2022 IN THE AMOUNT OF $9,500.00 6. A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER FROM COMMERCIAL ELECTRONICS CORP IN THE AMOUNT OF $139,125.90 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT 7. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $346,580.00 TO FUND SITE PREPARATION WORK PRIOR TO THE INSTALLATION OF THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE 8. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $754,200.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 PARK IMPROVEMENT BOND PROJECT 9. A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH JBZ, INC. DB/A ELLINGSON CONTRACTING IN THE AMOUNT OF $148,038.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WOOLSEY FARMSTEAD RESTORATION PROJECT 10.A RESOLUTION TO APPROVE CHANGE ORDER NO. 11 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $4,984,952.00 FOR WEST AVENUE IMPROVEMENTS AND THE GREENWAY TRAIL IMPROVEMENTS RELATED TO THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 CULTURAL ARTS CORRIDOR BOND PROJECT ILAN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD I FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 12.A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 50/50 MATCHING GRANT OF UP TO $1,400,000.00 FROM THE WALTON FAMILY FOUNDATION TO CONSTRUCT AN EXPANSION OF THE YVONNE RICHARDSON COMMUNITY CENTER AND SUPPORT PUBLIC ENGAGEMENT AND PROGRAMMING, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT 13.A RESOLUTION TO APPROVE THE 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2022 IN THE AMOUNT OF $725,638.00 WHEN RECEIVED 14.AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE, TO APPROVE A CONTINGENCY AMOUNT OF $81,250.00, AND TO APPROVE A BUDGET ADJUSTMENT 15.A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 16.A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, TO APPROVE UP TO $3,000.00 FOR EACH SCHOOL RESOURCE OFFICER FOR SOCIAL WORK OR COUNSELING EDUCATION FOR THE 2022-2023 SCHOOL YEAR, TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY, AND TO APPROVE A BUDGET ADJUSTMENT 1ZAN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-028 LOCATED AT 1466 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 18.A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $4,448,399.00, TO AUTHORIZE MAYOR JORDAN TO NEGOTIATE AND SIGN AGREEMENTS WITH THE ADVERTISING & PROMOTION COMMISSION AND THE FAYETTEVILLE PUBLIC LIBRARY FOR THE PAYMENT OF THEIR RESPECTIVE PROJECT COSTS, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, August 16, 2022 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin 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 August 16, 2022 Zoom Information: Public Registration Link: https://us06web.zoom.us/webinar/register/WN_w9xNGhaiRZgR9bxCPNXaIA Webinar ID: 818 4889 5709 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Proposed Agenda Additions A. Consent A.1 2021-1056 APPROVAL OF THE AUGUST 2, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0719 UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT: A RESOLUTION TO CONGRATULATE THE UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT FOR BEING SELECTED BY CBS SPORTS AS THE FIFTH BEST IN THE NATION City of Fayetteville, Arkansas Page 2 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 A.3 2022-0632 AMENDMENT NO.2, BURNS & MCDONNELL ENGINEERING COMPANY, INC.: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $33,880.00 FOR A HYDRAULIC ANALYSIS AND SURVEY ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH A.4 2022-0686 CHANGE ORDER NO.5 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH TRI STAR CONTRACTORS, LLC FOR ADDITIONAL WORK ASSOCIATED WITH THE ZION ROAD - VANTAGE DRIVE TO CROSSOVER ROAD PROJECT IN THE AMOUNT OF $264,597.22, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT A.5 2022-0690 RFQ 22-07 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT A.6 2022-0684 AMENDMENT 1, BOSTON MOUNTAIN SOLID WASTE DISTRICT: A RESOLUTION TO APPROVE A CONTRACT AMENDMENT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES THROUGH THE END OF 2022 IN THE AMOUNT OF $9,500.00 City of Fayetteville, Arkansas Page 3 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 A.7 A.8 A.9 A.10 2022-0692 COMMERCIAL ELECTRONICS CORP: A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER FROM COMMERCIAL ELECTRONICS CORP IN THE AMOUNT OF $139,125.90 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT 2022-0694 THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $346,580.00 TO FUND SITE PREPARATION WORK PRIOR TO THE INSTALLATION OF THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE 2022-0681 AMENDMENT NO. 1, MILLER BOSKUS LACK ARCHITECTS, P.A.: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $754,200.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 PARK IMPROVEMENT BOND PROJECT 2022-0682 CHANGE ORDER NO. 5 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH JBZ, INC. DB/A ELLINGSON CONTRACTING IN THE AMOUNT OF $148,038.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WOOLSEY FARMSTEAD RESTORATION PROJECT City of Fayetteville, Arkansas Page 4 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 A.11 2022-0683 NABHOLZ CONSTRUCTION CHANGE ORDER 11, CULTURAL ARTS CORRIDOR: A RESOLUTION TO APPROVE CHANGE ORDER NO. 11 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $4,984,952.00 FOR WEST AVENUE IMPROVEMENTS AND THE GREENWAY TRAIL IMPROVEMENTS RELATED TO THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 CULTURAL ARTS CORRIDOR BOND PROJECT B. Unfinished Business BA 2022-0595 RZN 22-025 (507 S. CHURCH AVE.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD 1 FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN This agenda item was tabled to the August 16, 2022 City Council Meeting. C. New Business CA 2022-0689 WALTON FAMILY FOUNDATION GRANT ACCEPTANCE: A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 50150 MATCHING GRANT OF UP TO $1,400,000.00 FROM THE WALTON FAMILY FOUNDATION TO CONSTRUCT AN EXPANSION OF THE YVONNE RICHARDSON COMMUNITY CENTER AND SUPPORT PUBLIC ENGAGEMENT AND PROGRAMMING, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT City of Fayetteville, Arkansas Page 5 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 C.2 C.3 CA 2022-0631 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: A RESOLUTION TO APPROVE THE 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2022 IN THE AMOUNT OF $725,638.00 WHEN RECEIVED 2022-0644 GRIFFIN RESIDUALS, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE, TO APPROVE A CONTINGENCY AMOUNT OF $81,250.00, AND TO APPROVE A BUDGET ADJUSTMENT 2022-0693 WEST END APARTMENTS: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 6 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 C.5 C.6 C.7 2022-0707 SCHOOL RESOURCE OFFICER: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY, AND TO APPROVE A BUDGET ADJUSTMENT 2022-0691 RZN 22-028 (1466 N. GREGG AVE./REYNOLDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-028 LOCATED AT 1466 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 2022-0695 APPEAL RZN 22-029 (1678 W. PALMER PL./RICH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-029 LOCATED AT 1678 WEST PALMER PLACE IN WARD 1 FOR APPROXIMATELY 0.35 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN City of Fayetteville, Arkansas Page 7 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 C.8 2022-0718 JOHNSON CONTROLS INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $4,448,399.00, TO AUTHORIZE MAYOR JORDAN TO NEGOTIATE AND SIGN AGREEMENTS WITH THE ADVERTISING & PROMOTION COMMISSION AND THE FAYETTEVILLE PUBLIC LIBRARY FOR THE PAYMENT OF THEIR RESPECTIVE PROJECT COSTS, AND TO APPROVE A BUDGET ADJUSTMENT D. City Council Agenda Session Presentations D.1 2022-0724 AGENDA SESSION PRESENTATION - TIME TO ACKNOWLEDGE A DIFFERENT HISTORY, COUNCIL MEMBER JONES AND DR. BANTON E. City Council Tour Rich Rezoning Appeal Tour (Agenda Item 2022-0695) Date: August 15, 2022, Time: 4:00 PM, Address: 1678 W. Palmer Place, Parking: Parking is available on -street along Hartman Avenue, Request: An appeal to the Planning Commission's denial to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre, to RI-U, Residential Intermediate -Urban. F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 8 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 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 of Fayetteville, Arkansas Page 9 Printed on 811112022 City Council Meeting Final Agenda August 16, 2022 Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to discuss the agenda item being considered by the City Council. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. As part of a person's public comments allowed above, the speaker may use electronic visual aids during their five (5) minutes presentation period concerning the agenda item being considered by the City Council. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from comments that are harassing or amount to a personal attack against any identifiable individual including abusive comments and derogatory remarks about integrity or offer any other comments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 10 Printed on 811112022 Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting August 2, 2022 City Council Meeting Minutes August 2, 2022 Page 1 of 19 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on August 2, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Lioneld Jordan called the meeting to order. PRESENT: Council Members Sonia Harvey, D'Andre Jones, Mark Kinion, Mike Wiederkehr, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Staff, Press, and Audience. Council Member Bunch arrived at 5:56 PM after roll call had been taken. Pledte of Allegiance Mayor's Announcements, Proclamations and Recotnitions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report/Sales Tax Update Paul Becker, Chief Financial Officer: Good evening Mayor and Council. This is the report through May, which is simply half the year of this fiscal year of 2022. Since I didn't give you an update on sales tax at the agenda session, since I was out of town, I'll give you a little update on that right now. When we compare it to budget, we are up about 8% for the City one penny, we're 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 2 of 19 up 18% for the amount we received from the county for sales tax, so we're up a combined 12% for the period. For comparison to last year, that was up roughly 20% for the county and 9% for the City. So, did very well through last year, we did better than budget, so sales tax are still hanging in there very well. When we look and analyze sales tax what was strong this time retail sales were up 10%. Again, food services and accommodations were up 20% so that's one of the primary drivers. Again, retail sales were up 9% and the Internet sales, which had been off a bit, were up 13% for the period, so it was very strong. So, again we're up in the sales tax totally compared to budget for just in general fund was up by 12% by franchise fees they were up again about 10% and building permits were up 26% so they're coming in very strong. Charges for services, which is a lot of the park programs, they were up in excess to 20%. Courts fees and fines are down and interest on investments are down. But for the period, all in all, we were up by 11% in the general fund when we compare this to the budget. So, we're doing very strong through the first half a year. Streets were up about 16% compared to last year. Again we're looking at a lot of that's driven on cost of gasoline. Motor fuel taxes were up that we get from turn back from the state. The half cent penny for sales tax was up roughly 10% for the period for the month and about 23% for the year so far. So, street fund is doing very strong, that is driven a lot by the increase in gasoline. The parking fees were up about 22% to budget, so they are starting to come back. We are starting to see activity downtown, in the downtown area, and the entertainment district. HMR taxes were up 15% year to date. We are seeing that being driven by hotel and motel taxes and again from some of our restaurant venues. Water and sewer are up about 6%, that is going very strong this year. Driven a little more by sewer than water and one of the primary reasons for that is we do some sewer averaging. A lot of people aren't out of town for the winter as they used to be for long periods of time. So we are seeing a little more in the revenue side on the water and sewer. We are up about 6% for billings. Still working with customers as far as back charges and delinquencies. Our concern, we're working as much as possible. We are starting to cut back and pick up on some of the back log and reduce some of those back charges. Trash and recycling is up and this is the first time as compared to budget. We are only up 1 % but we have been down in trash and recycling all of the years. That's starting to level off and we are looking pretty good there. Airport fuel sales are up. We're about 50% more per month than we were last year. All of the revenue looks pretty solid and hanging in there for the year. I hope it continues. We haven't seen a lot of the expenditure side. We are going to start seeing some of those, for example, I will be coming forward, probably first meeting in September, and talk about some additional money we will need in fuel. Fuel costs are way up, we are going to be looking at almost all of the funds. Trash and recycling especially because those are all diesel vehicles. What we want to do, what the administration's primary policy is, and I am sure you agree with this, is we are not going to cancel services based on fuel. We are going to find a way to meet the fuel needs and we are going to continue those services going forward. I did give an interview with the television stations saying just that. I spoke on behalf of the Council and the Mayor. Going forward we are looking at good revenue income. Again, we are looking at a push up on the expenditure side but right now we are looking pretty good going into next year. We are in the budget session season so we will be working on that. Generally, at the second meeting in September going to our work session in November. I am happy to answer any questions. Council Member Harvey: I would like to pull A.5 from Consent and move it onto New Business. Mayor Jordan: I will pull A.S. Do we need to take a vote on that Kit? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 3 of 19 Kit Williams, City Attorney: No, a single Council Member can pull it. Agenda Additions: None Consent: Approval of the July 19, 2022 City Council Meeting Minutes. Arkansas Municipal League Vehicle Program: A resolution to approve a budget adjustment in the total amount of $16,466.00 recognizing reimbursements from the Arkansas Municipal League Vehicle Program for damage to city vehicles. Resolution 166-22 as recorded in the office of the City Clerk Nabholz Construction Corporation Change Order No. 10: A resolution to approve Change Order No. 10 to the contract with Nabholz Construction Corporation in the amount of $505,652.42 for paving on Gregg Avenue and West Avenue, street work on West Avenue and reconciliation of contingency for additional items related to the Cultural Arts Corridor Project, and to approve a budget adjustment - 2019 Cultural Arts Corridor Bond Project. Resolution 167-22 as recorded in the office of the City Clerk Flintco, LLC Change Order No. 2: A resolution to approve Change Order No. 2 to the contract with Flintco, LLC for the construction of Fire Station No. 8 in the amount of $233,625.22, and to approve a budget adjustment — 2019 Firefighting Facilities Improvements Bond Project. Resolution 168-22 as recorded in the office of the City Clerk RFQ 22-04, Stantec Consulting Services, Inc.: A resolution to authorize a contract with Stantec Consulting Services, Inc., pursuant to RFQ 22-04, in the amount of $69,610.00, to develop a citywide Heritage and Historic Preservation Master Plan. Resolution 169-22 as recorded in the office of the City Clerk RFQ 22-01, Selection 9, Ecological Design Group, Inc.: A resolution to authorize a contract with Ecological Design Group, Inc., pursuant to RFQ 22-01, Selection 9, in the amount of $65,000.00, for services related to the development of a master plan for Underwood Community Park, and to approve a project contingency in the amount of $5,000.00. Resolution 170-22 as recorded in the office of the City Clerk Bid 22-38 Hampton Equipment, LLC: A resolution to award bid 22-38 and authorize the purchase of a dryer feed conveyor for the Biosolids Management Site from Hampton Equipment, LLC in the amount of $42,340.00 plus applicable taxes and freight charges. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 4 of 19 Resolution 171-22 as recorded in the office of the City Clerk Bid 22-40, Jack Tyler Engineering, Inc.: A resolution to award bid 22-40 and authorize the purchase of a submersible pump for the Farmington Sewer Lift Station from Jack Tyler Engineering, Inc. in the amount of $108,621.00 plus applicable taxes and freight charges. Resolution 172-22 as recorded in the office of the City Clerk Christopher Alderson Sewer Overflow Damage At 727 N. Rockcliff Road: A resolution pursuant to §39.10(c)(4) of the Fayetteville City Code to authorize the mayor to pay the amount of $23,749.14 to Christopher Alderson for sewer overflow damage at 727 North Rockcliff Road. Resolution 173-22 as recorded in the office of the City Clerk Council Member Kinion moved to accept the Consent Agenda as read. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Jones, Kinion, Wiederkehr, Scroggin, Turk and Hertzberg voted yes. Council Member Bunch was absent. Special Needs Assistance Program Grant Agreements: A resolution to approve the renewal of three Special Needs Assistance Program Grant Agreements with the U.S. Department of Housing and Urban Development in the total amount of $270,193.00 for the City to administer programs to assist homeless Fayetteville residents. Yolanda Fields, Community Resources Director/Equity Officer, spoke and explained that the grants listed in this resolution are renewal grants. The purpose of these renewal grants is to continue to provide rental assistance, and rental deposits for individuals who were formerly homeless. Ms. Fields went on to explain that these grants will be used to provide continued wraparound case management for individuals who qualify. She further explained that these funds cannot be used for anything other than what is listed in the grant agreement written by HUD. Council Member Harvey, spoke and explained that she had received a request for this item to be pulled from the Consent Agenda for a separate discussion to see if this item needed to be sent to the Community Development and Assistance Programs Advisory Board. Yolanda Fields, spoke and explained that the resolution is for renewal grants only. She went on to explain that these are guaranteed grants by HUD to continue to aid individuals who qualify. HUD writes these renewal contracts each year and provides the deadline to the City of when the agreement must be signed and returned. Council Member Harvey: Thank you Yolanda. I am going to do my best to keep you on time with that. I did want to give these individuals an opportunity to speak. So hopefully we can get it resolved. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 5 of 19 The City Council received 2 public comments regarding this resolution. Mayor Jordan, spoke to the person who make the first public comment. He clarified her request. The request that is being made is asking to have the grant agreements sent to the CDAP Committee for review before approval by the City Council. Council Member Harvey: I think it would be great for Yolanda to answer the questions that Kyle Smith had. I think that is a great place to start. I want to be sensitive to the timelines as well. Yolanda if you could let us know the dates of everything that needs to be due. We don't want to miss any deadlines. Yolanda Fields: Well, first of all let me just say that we've already had advances from the city to meet the rental payments, so we've got to reimburse the City for that for July and August, with one of the grants. So, what we're bringing to you they're not applications, I just want to make sure, because that has been referenced, they're not request for funding these are agreements, they are renewal agreements. HUD pretty much dictates how many units that are covered by each that that was set, and I want to remind everybody that these were grants that we took over, because our nonprofit could not execute. So those were already set by that nonprofit so those remained constant. There's nothing we can change; we couldn't change anything that was already spent. By that the only thing that we've been allowed to do is to is to tweak it so that we could buy groceries for our folks that was it. The number of units was set by the nonprofit that could not execute. So, they actually did the application piece what we got was just the actual document, the agreement to continue. So every year we renew like you would renew a contract, so there's no decisions to be made, I want to make sure that everybody understands that. I could take to CDAP the agreements and they can look at them, but nothing that is there can be changed. I just want to make sure everybody understands that this is not an application or new applicant or anything like that. So I would be seeking an advanced another advanced from the city to depending on how many months, we want to hold this the city would be looking at advancing us funding to pay the rents so we don't have anybody miss a rental payment. Council Member Scroggin: When did we know that we needed to reapply for this? Yolanda Fields: It is not a reapplication. We're renewing the grant; we're just signing a new grant agreement to continue the funding. It is not a new application. Council Member Scroggin: Is there a window? Can we ask, two months ago, hey we're going to ask for this in two months? Yolanda Fields: I want to make clear; we didn't ask for anything. As soon as HUD gets those grant agreements to us, we process them. So, we've communicated with HUD to help them understand we have a timeframe. We have to get it our City Clerk, we have to get it to Council, so they try their best to get these documents to us, so we meet the timeline to get it to the next Council meeting. I have another one that is going to be coming forward and I have already indicated that the first meeting we could get it to is the first meeting of September. So, they are working on getting that paperwork to me. So, it is all driven by HUD. It is not an application, let's say an extension, we are renewing the grant agreement. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 6 of 19 Council Member Scroggin: This is not directed at specifically this, this is just in general. We get, almost every other every third meeting, we've got to approve this today, or the money's gone. Yolanda Fields: No, no, no, the money's not gone on this one. Council Member Scroggin: Well we hear that a lot, that we have to do it now, have to do it now, you can't even really have time to think about it, and this isn't directed at just this one department it's a lot of them. These federal grants are gone the state grants are gone. Our packet is like 1000 pages, so when citizens come to us and say hey I don't like this can you look at it? Well we got to go read hundreds of pages and sometimes then we got to go and look at other places, and then we basically have to tell citizens no, I guess, we don't have time to actually look at this. So I'm hoping just cross the board. When these grants are coming that we're given a little more time so that we can actually look at them and if there's citizens and residents that are concerned that they can get their questions answered. beforehand and then we vote. Because I'm going to be honest, a lot of times we answer questions after we vote, and I don't really like that and I'm sorry it sounds like I'm picking on you. There's a lot of departments that do that and we don't get time to review and it's basically either a you have to prove this without having time to review it or we lose money and that's not a good place. Thank you. Council Member Kinion, spoke and explained his involvement with Ms. Fields and HUD. He went on and reiterated what Ms. Fields had previously explained. He stressed the fact that the City of Fayetteville has no authority to change the points that are in the grant agreement. Yolanda Fields, spoke and agreed with the statements made by Council Member Kinion. Council Member Kinion, spoke and thanked Ms. Fields for her work. Council Member Harvey, spoke and thanked Council Member Kinion for his statements. She went on to explain that she appreciated his work alongside Ms. Fields over the years. Council Member Harvey went on to ask questions about the amount of money received. She wanted to know what the specific uses of the funds. Yolanda Fields, spoke and provided a history of how the City of Fayetteville took over administering the grant funds from the non-profit. It was either the City of Fayetteville take over the process or the community would lose access to the grant funds. Mayor Jordan, spoke and verified the history that Ms. Fields provided. Council Member Harvey: The general vibe or feeling that I'm getting from the constituents is maybe it is more like if there is a certain amount of money that we have for a certain amount of tasks is there still time to think about it? Yolanda Fields: What you have before you are the grant agreements to continue services. It took HUD awhile to get these to us. The City was gracious enough to advance some funding so that we could pay rents. A lot of this is driven by HUD. The person who actually signs the documents 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 7 of 19 is not in Arkansas they are in Oklahoma. They are having to coordinate getting that to me, me make sure I meet the timeframes for meetings, so all of that has to come into play and there is nothing that we can change in this document. We can say we do not want the funding and return it, but we can't change it. Everything is dictated by HUD. Council Member Harvey, spoke and summarized what Ms. Fields had previously explained regarding the funding already being allocated. Yolanda Fields: We have guaranteed funding. We will get it every year, and every year I will come back to you with the agreements to continue the grant. HUD's big push on these funds is that we need to protect the renewal funds because those are guaranteed. These are renewed every year with the idea being we are housing people; you cannot run the risk of not having that funding to pay rent. Council Member Harvey, spoke and explained that the CDAP Committee is wanting to have feedback regarding how the funds are being used. Yolanda Fields: There is no feedback, HUD is dictating these funds can only be used to house the homeless. In each specific one they dictate how many units they expect us to house with the funding and what services need to be provided to go along with that. They're running the show. HUD is telling us what to do. Council Member Kinion, spoke and asked that education be provided to the CDAP Committee, so they understand the history of this specific funding. Yolanda Fields, spoke and explained that her department is working on creating and developing training for the CDAP Committee. She went on to explain the orientation process for committee members. Council Member Harvey, spoke and explained she felt that would help answer a lot of questions. Council Member Turk: In terms of the number of people that you can assist, you mentioned that was dictated by HUD. Can you expand on that a little bit? Yolanda Fields, spoke and explained the process of providing numbers of the individuals who have received assistance. She also explained the guidelines of the program and where the names are pulled from in order to determine if they can receive assistance. Ms. Fields offered to provide a list of how many individuals have been helped over the lifetime of the grants. Council Member Turk: That would be really helpful. I also don't want to hold you up because it sounds like there is a limited time window. I would like to have that for informational purposes in case this discussion came up again, it would help me fill in the gaps of this HUD federal program that I really don't know much about other than yes, the Federal Government can be extremely rigid and it's either take it or leave it. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 8 of 19 Council Member Wiederkehr, spoke and commended Ms. Fields on her work. He also went on to talk about increasing education, communication, and providing a calendar of events for grants for the CDAP Committee. Yolanda Fields, spoke and reiterated her earlier comments regarding providing education for the CDAP Committee. Council Member Harvey moved to approve the resolution. Council Member Kinion seconded the motion. Upon roll call the resolution passed unanimously. Resolution 174-22 as recorded in the office of the City Clerk Unfinished Business: Raze And Removal of Structure At 2860 E. Wyman Rd.: A resolution to order the Razing and Removal of a dilapidated and unsafe structure on property owned by Leroy H. Scharfenberg located at 2860 East Wyman Road in the City of Fayetteville, Arkansas, and to approve a budget adjustment in the amount of $17,800.00. This Agenda Item Was Tabled to the August 2, 2022 City Council Meeting. Billy Bryant, Senior Code Compliance Officer spoke and provided an update regarding the property. No permits have been applied for and no work has been attempted on the property. Council Member Hertzberg: Do you know if the resident was able to obtain accommodations or housing in Colorado? Billy Bryant: I did speak with Mr. Scharfenberg this morning on the phone. He did say he plans on moving to Colorado with his son. Council Member Hertzberg: Did he give a timeframe? Billy Brant: He said they are leaving this afternoon. Mya Scharfenberg, spoke and gave a statement. She explained the history of the property and the contributions that Mr. Scharfenberg has given to the community. She went on to explain she has been able to obtain help from outside sources. Council Member Scroggin: Hopefully we can give them the 60 days to do that. I just want to ask is there a risk of having them take it down on their own. I am a general contractor and I have hurt myself before. Billy Bryant: There is potential risk depending on the tools they choose to use. I will note that there is no demo permit on file that has been applied for. To answer your question, yes, there is a potential risk. Council Member Scroggin, spoke and explained that there was another house in the area that needed to be demolished. He went on to explain that he would not want it to fall in on anyone. He proposed a question to the City Attorney Kit Williams to see if he had anything to add regarding safety of removing the structure. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 9 of 19 Kit Williams, City Attorney, spoke and explained that it is up to the City Council. He then proposed a question to Code Compliance on if the structure was secure when it came to preventing anyone from entering the structures that was not authorized. Billy Bryant: I do not know if it is secure. can reinspect it tomorrow and find out. I don't know if the homeowner might be able to speak to that. Kit Williams: I know in the past; City Councils have given owners additional time when the house was no longer occupied. Council Member Scroggin: I am hoping that is something that we can do. Council Member Bunch, spoke and asked if the utilities were still on. Billy Bryant: As far as I know they still are. Council Member Bunch, spoke and explained her concern that the utilities are remaining on during the demolition process. Council Member Harvey, spoke and asked that the daughter of the owner return to the microphone. Council Member Harvey asked if Mya was planning on applying for a demolition permit. Mya Scharfenberg, spoke and explained that she would apply for the demolition permit. She also explained that the utilities would be turned off the next day. She also explained that she had close friends and family that would be helping with the demolition process. She went on to say that these individuals had experience in the demolition business. Council Member Wiederkehr: So, what you are asking is, please allow us to do the demolition and your father is planning to come back and preferably live on site in a pre-fab home. Mya Scharfenberg, spoke and explained that the family is planning on placing a double wide on the property. Jonathan Curth, Development Services Director spoke and explained that depending on what kind of structure they are putting on the property it may or may not be permitted under the current zoning. He went on to say that the current zoning is RSF-4, Residential Four Units per Acre. That does not allow by right manufactured homes. Mr. Curth encouraged the family to reach to reach out to the building safety department to obtain additional information. Council Member Wiederkehr, spoke and explained that since Mya's father was no longer living in the home he felt this gave the Council more flexibility. Council Member Harvey, spoke and asked Mr. Curth what would the appropriate zoning be if the family wanted to put a double wide trailer on the property. Jonathan Curth, spoke and explained it would probably need to be residential agricultural zoning. Council Member Hertzberg, spoke and asked if the family could apply for a conditional use permit or would the zoning have to be down zoned. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 10 of 19 Jonathan Curth, spoke and explained the property would have to be down zoned. The City Council received 2 public comments regarding this resolution. Council Member Kinion, spoke about the location of the property and explained that this area used to be in the rural part of Fayetteville. He also explained that he agreed with giving the family more time to take care of things on this property and agreed with the timeframe of 60 days. Mayor Jordan: I take it that the Council is considering 60 extra days? Council Member Harvey moved to table the resolution until the 10/04/2022 City Council meeting. Council Member Scroggin seconded the motion. Upon roll call the motion to tabled passed unanimously. This resolution was tabled until the 101412022 City Council meeting. RZN 22-022 (3061 East Skillern Rd./Bearden): An ordinance to rezone that property described in rezoning petition RZN 22-022 located at 3061 East Skillern Road in Ward 3 for approximately 2.99 acres from R-A, Residential -Agricultural to RSF-4, Residential Single Family, 4 units per acre. This agenda item was left on a first reading at the July S, 2022 City Council Meeting. This agenda item was left on a second reading at the July 19, 2022 City Council Meeting. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Jones, Kinion, Wiederkehr, Scroggin, Turk, and Hertzberg voted yes. Council Member Bunch was absent. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director, spoke and explained that he had no additional updates to provide. He went on to explain that additional public comment had been received for the item. He went on to explain that the public comments were in opposition of the applicant's request. Mr. Curth explained that staff felt that this request is compatible with the existing uniformity of the area. Daniel Bearden, Applicant: I'm here tonight to ask you for your vote to rezone the property to RSF-4, I did speak with Robert Rhoads and heard his pitch. My wife and I do not wish to offer a bill of assurance at this time. As you already know, most of the surrounding properties are zoned RSF-4, so we are not asking for anything out of the norm. Thank you, Mayor and Council, for your time throughout this process. We hope we can move forward after tonight with our plans to build our family home. Council Member Hertzberg: Could you give us a number or percentage of what properties around that proposed property are zoned RSF-4? 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 11 of 19 Jonathan Curth, spoke and explained that the property is adjacent to 13 parcels and about half of those are zoned RSF-4. One larger one zoned RA and one PZD to the west of the property. Council Member Scroggin: I did receive several emails on this. I think people are concerned that it's going to be developed bigger than the one home. Which I think is reasonable to look at. Usually RSF-4 is developed 2.5 sometimes 3 units per acre. This one would actually be pretty difficult to even do that. In my mind if this was built as a development, it would be several single- family houses. I am thinking about 7 to 9. There is not even the acreage to go up to 12 even if they wanted to. I think this is a reasonable request. It matches basically what is around it. It is still single-family. I will be voting for this. Council Member Hertzberg, spoke and agreed with Council Member Scroggin's statements. Council Member Scroggin: Would building 7 houses kick in the need for a large scale development? Jonathan Curth: If they wanted to plat it, build a public street, and build it in a lot and block pattern, this would require a full tree preservation standards and drainage criteria manual standards. Council Member Scroggin: I believe that would take care of a lot of the concerns. If they weren't platting it, I don't think they have the street frontage to add very many houses if they were going that route. I think this is reasonable. Council Member Harvey: Is this your ward Sloan? Council Member Scroggin: It is. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6588 as Recorded in the office of the City Clerk New Business: Dedication of Reduced Right of Way of East Sparrow Circle: A resolution pursuant to § 166.04(b)(2) of the Fayetteville Unified Development Code to approve the dedication of a reduced amount of right of way on East Sparrow Circle of the Creekside Meadows Subdivision in Ward 1 to 44 feet from the centerline of East Sparrow Circle, and to reduce the Master Street Plan right of way dedication requirement to 44 feet from the centerline of this portion of East Sparrow Circle. Kit Williams, City Attorney, spoke and explained that the resolution needed to be amended from 44 feet to 22 feet. He went on to explain this correction needed to be made due to a typo. Council Member Hertzberg moved to amend the resolution from 44 feet to 22 feet. Council Member Bunch seconded the motion. Upon roll call the resolution passed 7-0. Council 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 12 of 19 Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk and Hertzberg voted yes. Council Member Jones was absent. Jonathan Curth, Development Services Director, spoke and explained that the request was to dedicate the right-of-way as previously dedicated. Staff recommended approval of this request and had received zero public comment on this item. Council Member Scroggin moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. Resolution 175-22 as recorded in the office of the City Clerk 2023 Employee Benefits Package: A resolution to approve the 2023 Employee Benefits Package. Missy Cole, Human Resources Director: Thank you Mayor and Council last week we presented the renewal data from 2022 and our utilization information, and that should also be included in your packet. It is staff s recommendation, along with Gallagher our benefits consultants, that we approve the employee benefits packet using the same vendors and plan designs that we have currently in 2022. The only exception to that is we are recommending a move on our vision plan to VSP which is going to give staff a couple of additional options that they've not had in the past. It also helps with reducing our premium increase that we're going to be seeing as a result of utilization. I'm happy to answer any questions that you might have, and I have Christy I think on the Gallagher on zoom. Council Member Bunch: Did any of my fellow Council Members receive any calls? I did not get any. Council Member Kinion: I would like to say from my personal situation of leaving my job I went and signed up for City benefits. I think it is an incredible option that they have put together. I am certainly supportive. Council Member Harvey moved to approve the resolution. Council Member Hertzberg seconded the motion. Upon roll call the resolution passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. Resolution 176-22 as recorded in the office of the City Clerk Amend §72.15 Parking Restrictions on City Street in General and for Large Trucks, Tractors and Trailers and Non -Emergency Repairs: An ordinance to amend §72.15 Parking Restrictions on City Street in General and for Large Trucks, Tractors and Trailers and Non- 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 13 of 19 Emergency Repairs to also prohibit overnight parking of motorhomes, recreational vehicles (RV's), fifth wheel trailers and camper trailers. City Attorney Kit Williams read the ordinance. Chief Reynolds, spoke and explained the reasons why this ordinance had been created. The Police Department had received numerous calls from a citizen regarding her neighbor parking a 40-foot motorhome in front of her house. Chief Reynolds went on to explain that after talking to the owner of the motorhome it was discovered that the owner was parking the motorhome in front of his neighbors house out of spite. Chief Reynolds explained that if this ordinance is passed it would give the Police Department the ability to address and resolve complaints of this nature. Council Member Turk, spoke and asked if school buses would be included in this ordinance. Chief Reynolds, spoke and explained that if the school bus had been converted to recreational vehicle then it would fall under this ordinance. He went on to explain that the biggest issue is safety, it makes it very difficult to pull in and out of a driveway when these recreational vehicles are parked along the street. Council Member Turk: Have you had any complaints about school busses parked in the road like you have with motorhomes. Chief Reynolds: I do not recall any school busses converted over, any vans converted over, anything like that. Particularly it has been these large motorhomes being parked on city streets within the city. Council Member Turk: Do you think you have enough discretion with the way the ordinance is written right now that if there was a school bus blocking the way, and it is a safety issue that you would have the authority to ask them to move it? If it became contentious do you have the authority to do something about it? Chief Reynolds, spoke and reiterated what he had said earlier regarding if it was a school bus that had been converted for recreational use. Council Member Kinion, spoke and provided an additional comment regarding some businesses in the area that go around and pick up citizens. Chief Reynolds, spoke and explained that he had not heard any complaints regarding businesses using buses to transport citizens. Chief Reynolds went on to explain that all the complaints received have been for rvs and motorhomes that are being parked on the street for a long period of time. Kit Williams, City Attorney, spoke and explained that when he drafted the ordinance, he worked with the police chief. He went on to explain that this ordinance addresses current problems that the Police Department is receiving complaints for. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 14 of 19 Chief Reynolds, spoke and provided additional information regarding an upcoming amendment regarding alleyways. Council Member Bunch: I feel comfortable enough with the way it is written that we don't need to include anything for school buses that people might be living in. Council Member Harvey: About how many calls or complaints have been received, generally, on the issue? Chief Reynolds, spoke and provided an estimated number of half dozen on an annual basis. He went on to explain that when these vehicles park on the street it causes issues for safety vehicles like firetrucks to pass through. Jonathan Curth, Development Services Director, spoke and explained that the Planning Department receives a lot of complaints regarding the motorhomes, rvs and other recreational vehicles. Chief Reynolds, spoke and explained that before any enforcement takes place the Police Department always tries to reason with individuals who are parked along the street. The City Council received 2 public comments regarding this ordinance. Council Member Scroggin: Are people allowed to park rvs on their own property. Chief Reynolds: Yes, absolutely. Council Member Scroggin: So, if somebody needs to live at one of these single-family home houses, they can park the ry there. I have a concern that if we have people living in these where is there waste going. I don't think they are going to go down to one of the ry parks. There is concerns there. I do realize that people do live temporarily in these. If this removed that ability, I would hesitate on this. We are not taking that away. Would this be something that is complaint driven or would you direct your officers to look for this? Chief Reynolds: No, this would be complaint driven. Our officers don't have the time to drive around and look specifically for parking complaints. Usually anything that is minor violation like this is complaint driven by the neighbors. We heard Mr. Smith talk in his neighborhood he wouldn't have a problem with it. If he didn't complain then we wouldn't go in there and proactively enforce something like that. Council Member Hertzberg moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Minion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 15 of 19 Council Member Hertzberg moved to suspend the rules and go to the third and final reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Harvey, spoke and thanked the Chief of Police for bringing this item forward. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. Ordinance 6589 as Recorded in the office of the City Clerk Amend §51.170 Standard Specifications for Water and Sewer Lines: An ordinance to amend §51.170 Standard Specifications for Water and Sewer Lines and adopt the Standard Specifications for Design and Construction of Water Lines and Sewer Lines, 2022 Edition. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director spoke and explained the standardized construction of water and sewer lines in the jurisdiction of the city. He went on to explain the history of this ordinance and explained that this ordinance provides a better understanding of best practices. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. Ordinance 6590 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 16 of 19 J.A. Riggs Tractor Company D/B/A Riggs Rental Services: An ordinance to waive competitive bidding and accept a quote in the amount of $150,671.03 plus applicable taxes and freight charges from J.A. Riggs Tractor Company DB/A Riggs Rental Services for the emergency rental of a 2,000 Kilowatt Generator for the Noland Water Resource Recovery Facility, and to approve a project contingency in the amount of $30,134.21. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director spoke and explained the history of the generator. He went on to say that the generator failed that is housed at the plant and will need to be rebuilt. Council Member Harvey, spoke and asked if the photos provided in the packet photos of the new generator or the old generator. Tim Nyander, spoke and explained that the photos are of the rental generator that the plant must have in order to keep up with the load. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. Ordinance 6591 as Recorded in the office of the City Clerk J.A. Riggs Tractor Company D/B/A Riggs Cat: An ordinance to waive competitive bidding and accept a quote in the amount of $251,509.00 plus applicable taxes and freight charges, from J.A. Riggs Tractor Company DB/A Riggs Cat for the rebuild of a generator for the Noland Water Resource Recovery Facility, to approve the purchase of a 5-year warranty in the amount of $15,181.00, and to approve a project contingency in the amount of $50,301.80. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 17 of 19 City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director, spoke and explained that the City of Fayetteville requested J.A. Rigs Tractor Company to evaluate the generator that failed. Rigs determined that the generator needed to be rebuilt. This rebuild comes with a five-year warranty. If the City were to purchase a new generator it would cost around $2.2 million dollars and take up to a year to receive. Council Member Hertzberg: Typically, how long does the rebuild take? Tim Nyander: They have estimated 4 months. If it takes less than that they will not charge us for using the rental generator. The City Council received l public comment regarding this ordinance. Council Member Scroggin, spoke and asked if staff would like to respond to the person who made the public comment. Tim Nyander: As I said before, Rigs is the only authorized dealer in our area. You get into territorial conflicts when you try to bring in from outside our area. That is why we went with Rigs. Council Member Scroggin moved to suspend the rules and go to the second reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Scroggin moved to suspend the rules and go to the third and final reading. Council Member Harvey seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. Ordinance 6592 as Recorded in the office of the City Clerk VAC 22-017: (9 S. Block Ave./Holcomb): An ordinance to approve VAC 22-017 for property located at 9 South Block Avenue in Ward 2 to vacate a 30 square foot portion of an alley right-of- way. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 18 of 19 Jonathan Curth, Development Services Director, spoke and explained that the location of this alley right-of-way is in between two business in the downtown square. The request is to vacate approximately 30 square feet along the western edge of the property from the existing alley. The applicant would like to vacant in order to use the staircase to access the roof and the rest of the building. He went on to explain that this change would not affect connectivity or access. No public comment was received regarding this item. Joe Holcomb, Applicant, spoke and explained that he is available to answer any questions. Council Member Harvey moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Harvey moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Harvey, Kinion, Wiederkehr, Scroggin, Bunch, Turk, and Hertzberg voted yes. Council Member Jones was absent. Ordinance 6593 as Recorded in the office of the City Clerk Announcements: Susan Norton, Chief of Staff, spoke and explained that the ARPA workshop would be held on August 6, 2022 from 9:00 AM to Noon in room 219. She went on to explain the format for the meeting. City Council Agenda Session Presentations: Agenda Session Presentation - Economic Vitality Contract Services Semi -Annual Update, Devin Howland City Council Tour: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes August 2, 2022 Page 19 of 19 Adjournment: 7:49 PM Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, August 9, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin 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 Agenda Session Tentative Agenda August 9, 2022 Zoom Information: Public Registration Link: https://us06web.zoom.us/webinar/register/WN_-t61 MK9URx6J89BX6Irv3g Webinar ID: 827 1022 9384 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: A. Consent: A.1 2021-1056 APPROVAL OF THE AUGUST 2, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0632 AMENDMENT NO.2, BURNS & MCDONNELL ENGINEERING COMPANY, INC.: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $33,880.00 FOR A HYDRAULIC ANALYSIS AND SURVEY ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER TOWN BRANCH City of Fayetteville, Arkansas Page 2 Printed on 811012022 City Council Agenda Session Tentative Agenda August 9, 2022 A.3 2022-0686 CHANGE ORDER NO.5 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH TRI STAR CONTRACTORS, LLC FOR ADDITIONAL WORK ASSOCIATED WITH THE ZION ROAD - VANTAGE DRIVE TO CROSSOVER ROAD PROJECT IN THE AMOUNT OF $264,597.22, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT A.4 2022-0690 RFQ 22-07 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT A.5 2022-0684 AMENDMENT 1, BOSTON MOUNTAIN SOLID WASTE DISTRICT: A RESOLUTION TO APPROVE A CONTRACT AMENDMENT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES THROUGH THE END OF 2022 IN THE AMOUNT OF $9,500.00 A.6 2022-0692 COMMERCIAL ELECTRONICS CORP: A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER FROM COMMERCIAL ELECTRONICS CORP IN THE AMOUNT OF $139,125.90 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT City of Fayetteville, Arkansas Page 3 Printed on 811012022 City Council Agenda Session Tentative Agenda August 9, 2022 A.7 A.8 A.9 A.10 2022-0694 THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $346,580.00 TO FUND SITE PREPARATION WORK PRIOR TO THE INSTALLATION OF THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE 2022-0681 AMENDMENT NO. 1, MILLER BOSKUS LACK ARCHITECTS, P.A.: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $754,200.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 PARK IMPROVEMENT BOND PROJECT 2022-0682 CHANGE ORDER NO.5 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH JBZ, INC. D/B/A ELLINGSON CONTRACTING IN THE AMOUNT OF $148,038.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WOOLSEY FARMSTEAD RESTORATION PROJECT 2022-0683 NABHOLZ CONSTRUCTION CHANGE ORDER 11, CULTURAL ARTS CORRIDOR: A RESOLUTION TO APPROVE CHANGE ORDER NO. 11 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $4,984,952.00 FOR WEST AVENUE IMPROVEMENTS AND THE GREENWAY TRAIL IMPROVEMENTS RELATED TO THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 CULTURAL ARTS CORRIDOR BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 811012022 City Council Agenda Session Tentative Agenda August 9, 2022 B. Unfinished Business: B.1 2022-0595 RZN 22-025 (507 S. CHURCH AVE.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD I FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN This agenda item was tabled to the August 16, 2022 City Council Meeting. C. New Business: C.1 2022-0689 WALTON FAMILY FOUNDATION GRANT ACCEPTANCE: A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 50150 MATCHING GRANT OF UP TO $1,400,000.00 FROM THE WALTON FAMILY FOUNDATION TO CONSTRUCT AN EXPANSION OF THE YVONNE RICHARDSON COMMUNITY CENTER AND SUPPORT PUBLIC ENGAGEMENT AND PROGRAMMING, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT C.2 2022-0631 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: A RESOLUTION TO APPROVE THE 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2022 IN THE AMOUNT OF $725,638.00 WHEN RECEIVED City of Fayetteville, Arkansas Page 5 Printed on 811012022 City Council Agenda Session Tentative Agenda August 9, 2022 C.3 2022-0644 GRIFFIN RESIDUALS, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE, TO APPROVE A CONTINGENCY AMOUNT OF $81,250.00, AND TO APPROVE A BUDGET ADJUSTMENT CA 2022-0693 WEST END APARTMENTS: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT C.5 2022-0707 SCHOOL RESOURCE OFFICER: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 6 Printed on 811012022 City Council Agenda Session Tentative Agenda August 9, 2022 C.6 2022-0691 RZN 22-028 (1466 N. GREGG AVE./REYNOLDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-028 LOCATED AT 1466 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE C.7 2022-0695 APPEAL RZN 22-029 (1678 W. PALMER PL./RICH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-029 LOCATED AT 1678 WEST PALMER PLACE IN WARD 1 FOR APPROXIMATELY 0.35 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN Proposed Agenda Additions 1. 2022-0718 JOHNSON CONTROLS INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $4,448,399.00, TO AUTHORIZE MAYOR JORDAN TO NEGOTIATE AND SIGN AGREEMENTS WITH THE ADVERTISING & PROMOTION COMMISSION AND THE FAYETTEVILLE PUBLIC LIBRARY FOR THE PAYMENT OF THEIR RESPECTIVE PROJECT COSTS, AND TO APPROVE A BUDGET ADJUSTMENT 2. 2022-0719 UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT: A RESOLUTION TO CONGRATULATE THE UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT FOR BEING SELECTED BY CBS SPORTS AS THE FIFTH BEST IN THE NATION City of Fayetteville, Arkansas Page 7 Printed on 811012022 City Council Agenda Session Tentative Agenda August 9, 2022 3. 2022-0721 RENAME ARCHIBALD YELL BOULEVARD TO NELSON HACKETT BOULEVARD: A RESOLUTION TO RENAME ARCHIBALD YELL BOULEVARD TO NELSON HACKETT BOULEVARD 4. 2022-0722 NELSON HACKETT HISTORICAL MARKER: A RESOLUTION TO ALLOW THE INSTALLATION OF AN HISTORICAL MARKER IN HONOR OF NELSON HACKETT IN THE CITY FLOWER BED IN FRONT OF THE BANK OF FAYETTEVILLE D. City Council Agenda Session Presentations: Al 2022-0724 AGENDA SESSION PRESENTATION - TIME TO ACKNOWLEDGE A DIFFERENT HISTORY, COUNCIL MEMBER JONES AND DR. BANTON E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 811012022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1056 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE AUGUST 2, 2022 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 811012022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0632 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 AMENDMENT NO.2, BURNS & MCDONNELL ENGINEERING COMPANY, INC.: A RESOLUTION TO APPROVE AMENDMENT NO.2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. IN THE AMOUNT OF $33,880.00 FOR A HYDRAULIC ANALYSIS AND SURVEY ASSOCIATED WITH A PROJECT TO ADDRESS SCOUR AT THE SOUTH ARMSTRONG AVENUE BRIDGE OVER II111WATH iHAQ goo BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 2 to the Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc. in the amount of $33,880.00 for a hydraulic analysis and survey associated with a project to address excessive scour at the South Armstrong Avenue bridge over Town Branch. City of Fayetteville, Arkansas Page 1 Printed on 811012022 City of Fayetteville Staff Review Form 2022-0632 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 7/26/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of contract amendment #2 with Burns and McDonnell Engineering Company, Inc. in the amount of $33,880 (total contract amount $96,634) for engineering design services to address excessive scour associated with Town Branch Bridge at S Armstrong Ave pursuant to selection RFQ 21-01 selection 10. 4470.621.8810-5314.00 Account Number 02108.2101 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 02108 Other Drainage Improvements Fund Town Branch at Armstrong Bridge Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 100,154.00 $ 42,764.00 57,390.00 $ 33,880.00 23,510.00 V20210527 2021-343 Previous Ordinance or Resolution # 2021-000030 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: July 26, 2022 CITY COUNCIL MEMO SUBJECT: Approval of contract amendment #2 with Burns and McDonnell Engineering Company, Inc. in the amount of $33,880 (total contract amount $96,634) for engineering design services to address excessive scour associated with Town Branch Bridge at S Armstrong Ave pursuant to selection RFQ 21-01 selection 10 RECOMMENDATION: Staff recommends approval of contract amendment #2 with Burns and McDonnell Engineering Company, Inc. in the amount of $33,880 (total contract amount $96,634) for engineering design services to address excessive scour associated with Town Branch Bridge at S Armstrong Ave pursuant to selection RFQ 21-01 selection 10. BACKGROUND: The bridge in question appears to have been in place since at least 1978 according to aerial photography. This bridge receives annual inspections from ARDOT similarly to all bridges within the area. The bridge has been experiencing scour for quite some time; however, recent rains seem to have accelerated this scour. DISCUSSION: Due to the increase in scour under the bridge over the past few years, ARDOT has placed the bridge on their scour critical list. This requires the City to perform an inspection of the scour after every rain event that causes the stream gauge to exceed 10.83 feet in height. This is obviously a short-term monitoring program with the need of a more permanent solution to address the scour that has occurred and prevent further scour in the future. During the initial investigation and design, it was determined that the cost to rehabilitate the bridge would likely be much greater than originally anticipated. As such, staff began to research the potential for state/federal aid to replace the bridge. As the potential replacement moves forward, it is necessary to do some hydraulic analysis to determine the height and length of a new bridge. Amendment #2 includes survey work necessary to complete the hydraulic design and the hydraulic design itself. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 In the interim, staff is having discussions with Transportation to determine if we can address the scour issues with a temporary solution while the replacement is pursued. BUDGET/STAFF IMPACT: The design for this project is proposed to be paid for with CIP funds, project 02108 Other Drainage projects. Attachments: Contract Amendment 2 N BURNS *KMSDONNELL AMENDMENT No. 2 AMENDMENT TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT Date: 06/24/2022 THIS AMENDMENT modifies the Agreement dated May 12, 2021 made by and between Burns & McDonnell Engineering Company, Inc., (hereinafter called ENGINEER), and City of Fayetteville, Arkansas acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) for the following Project: Armstrong Ave Bridge over Town Branch. For good and valuable consideration, the sufficiency of which is acknowledged, the parties agree to make the following changes to their Agreement. 1. The parties agree that the ENGINEER's Scope of Services is amended as follows: The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2. The following adjustments are made to the ENGINEER's compensation: The lump sum authorized for this Amendment No. 2 is $33,880. Justification of costs and fees is included in Appendix B attached hereto and made part of this Agreement. 3. The time for completion of ENGINEER's Services is adjusted as follows: The provisions of this Amendment have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Amendment. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is described in Appendix A. 4. Other changes to the Agreement, if any, are stated below: None 5. The terms of this AMENDMENT supersede any contrary terms of the Agreement. This AMENDMENT will be deemed a part of, and be subject to, all other terms and conditions of the Agreement. Except as modified above, the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT the day and year first written above. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES. AE-6 FORM CITY OF FAYETTEVILLE, ARKANSAS By: Name: Lioneld Jordan Title: Mayor ATTEST: By: Name: Title: Citv Clerk BURNS & MCDONNELL ENGINEERING COMPANY, INC. By: Name: Steven Beam Title: Business Manager AE-6 FORM N BURNS *KMSDONNELL APPENDIX A TO AMENDMENT NO.2 PROFESSIONAL ENGINEERING SERVICES AGREEMENT SCOPE OF SERVICES PROJECT DESCRIPTION The City of Fayetteville (Owner) plans to conduct engineering for the rehabilitation of the embankment slopes and structural steel pile for the intermediate bents on the Armstrong Road bridge over Town Branch. Bridge inspection reports performed by ARDOT has listed these items as Priority C-Important. The proposed project amendment will be to provide support for the hydraulic analysis and will include a topographic survey of the site as shown in Appendix C. This will provide a better understanding of the flows through the existing structure and assist with the direction of the project. Phase IIA: Hydraulic Analysis and Survey Items not included in this Phase are: A. Geotechnical investigation B. FEMA model request C. CLOMR/LOMR Task 1— Project Management/Administration Provide the management functions required to complete the scope of work. Tasks include: A. Correspondence with the City. B. Quality control and quality assurance reviews. C. Scheduling and assignment of personnel resources. D. Monitoring of work progress. E. Invoicing for work performed. F. Providing project status updates to the City outlining work performed during the invoicing period, upcoming work activities, and outstanding actions required by the City. Task 2 — Hydraulic Analysis and Survey Perform hydraulic analysis of existing and proposed structures. Tasks include: A. Field survey. B. Hydraulic analysis using a 25-year design storm event (4% annual chance). Deliverables The deliverable for the project will be a brief report capturing the following: A. Comparison table between existing and proposed hydraulic data points such as flows, water surface elevations, velocities, freeboard etc. B. Conceptual bridge design identifying proposed bridge width and length, potential grade raise and estimated project length. Schedule Survey will begin within two to three (2-3) weeks from Notice To Proceed (NTP) and the hydraulic analysis will begin once the survey is received. Estimated deliverable date is August 19, 2022. Appendix B - Justification of Costs and Fees June 24, 2022 Armstrong Ave Bridge over Town Branch City of Fayetteville Phase IIA: Hydraulic Analysis and Survey MANHOURS TASK PM SE ASTE TECH ADMIN TOTAL Task 1 - Project Management/Administration 0 Covered under Phase II as 2 -Hydraulic Analysis and Survey 110 Hydraulic analysis 2 100 102 Report / Memo 8 8 TOTAL MH - Phase IIA: 0 10 100 0 0 110 LABOR COSTS Category - Description Rate MH Amount PM - Project Manager $241.00 0 $0 SE - Senior Engineer $228.00 10 $2,280 ASTE - Assistant Engineer $126.00 100 $12,600 TECH - Technician $169.00 0 $0 ADMIN - Administrative Assistant $126.00 0 $0 Subtotal Labor Costs $14,880 SUBCONSULTANTS Subconsultant Amount McClelland Consulting Engineers $19,000 Subtotal Subconsultants $19,000 EXPENSES ITEM Quantity Unit Rate Amount Printing (8 1/2 x 11) 0 each $0.08 $0 Printing (11 x 17) 0 each $0.35 $0 Plotting (22 x 34) 0 each $1.35 $0 Mileage (1 trip @ 40 miles) 0 1 mile $0.560 $0 Lodging 0 each $88.00 $0 Meals (per day) 0 each $25.00 $0 $0.00 $0 Subtotal Expenses $0 TOTAL COSTS - Phase IIA: Hydraulic Analysis and Survey $33,880 BASIS OF ESTIMATE Description 1 of 1 � BURNS *KMSDONNELL APPENDIX C TO AMENDMENT NO.2 PROFESSIONAL ENGINEERING SERVICES AGREEMENT TOPOGRAPHIC SURVEY LIMITS City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0686 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 CHANGE ORDER NO.5 TRI STAR CONTRACTORS, LLC: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH TRI STAR CONTRACTORS, LLC FOR ADDITIONAL WORK ASSOCIATED WITH THE ZION ROAD - VANTAGE DRIVE TO CROSSOVER ROAD PROJECT IN THE AMOUNT OF $264,597.22, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $120,000.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT WHEREAS, on June 24, 2020, the City Council passed Resolution 194-20 to approve a Contract with Tri Star Contractors, LLC for the construction of the Zion Road - Vantage Drive to Crossover Road Project; and WHEREAS, Change Order No. 5 includes the addition of quantities and bid items necessary for roadway repair due to poor soil conditions. 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 No. 5 to the Contract with Tri Star Contractors, LLC in the amount of $264,597.22 for additional work associated with the Zion Road - Vantage Drive to Crossover Road Project, and further approves a project contingency in the amount of $120,000.00. 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. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0686 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/26/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Change Order 5 with Tri-Star Contractors in the amount of $264,597.22 for the Zion Road - Vantage to Crossover project, approval of $120,000 additional project contingency (Water/Sewer = $85,000, Transportation = $35,000), and approval of a budget adjustment. 5400.860.5700-5815.00 Account Number 11011.2019.7212 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: 5400 - Water & Sewer Fund Zion Rd. Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 1,083,701.00 $ 1,083,668.28 $ 32.72 $ 264,597.22 $ 349,598.00 85,033.50 V20210527 Purchase Order Number: 2020-00000589 Previous Ordinance or Resolution # 194-20 Change Order Number: 4 Approval Date: Original Contract Number: 2020-00000043 Comments: Item Cost is equal to the change order amount; Budget Adjustment is equal to change order amount plus W/S contingency —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Tim Nyander, Utilities Director FROM: Matt Casey, Engineering Design Manager DATE: July 27, 2022 CITY COUNCIL MEMO SUBJECT: Approval of Change Order 5 with Tri-Star Contractors in the amount of $264,597.22 for the Zion Road — Vantage to Crossover project, approval of $120,000 additional project contingency and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of Change Order 5 with Tri-Star Contractors in the amount of $264,597.22 for the Zion Road - Vantage to Crossover project, approval of $120,000 additional project contingency (Water/Sewer = $85,000, Transportation = $35,000), and approval of a budget adjustment. BACKGROUND: On June 24, 2020 the City Council approved a contract with Tri Star Contractors, LLC for the construction of this project. Construction began in September of 2020 and is expected to be complete in the Fall of 2022. DISCUSSION: As part of this roadway project, the Utilities Department added the construction of a 15" diameter sanitary sewer main that extends from Old Missouri Road to the east side of Crossover Road. This sewer main will serve areas of the city east of Crossover Road and will remove the need for future lift stations in this area. The sanitary sewer main was designed to be installed under the existing asphalt pavement along Zion Road. The sewer trench was planned to be patched with concrete and then covered with the asphalt overlay from the roadway project. During installation of the sanitary sewer main under the existing pavement, the contractor experienced very poor soil conditions under the roadway. The contractor is taking every precaution to protect the existing pavement and is using standard trenching practices, however the soils are so poor that the roadway adjacent to the sewer trenching is failing as soon as the trenches are dug, not allowing time for the contractor to install the shoring used to hold the soils in place. Given the size of the sewer trench and the additional area of failure, there will be only a few feet of asphalt pavement left to salvage. The City Engineering staff evaluated the options and recommended that the full depth roadway reconstruction continue in this area similar to what is included in the roadway portion of the project directly west of this location. This change order includes that addition of the quantities and bid items Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 necessary for this roadway repair. In addition to the roadway repair items, certain bid item prices are being adjusted to account for inflation and fuel increases. The City Council usually approves project contingency with projects of this nature. The contingency provides additional funds beyond the contract amount to account for unexpected items that are discovered during construction. City staff typically requests 10% contingency for approval. Given the total cost of this project a project contingency of 5% was requested. Unfortunately, the changes encountered in this project were more than expected and will exceed the approved 5% contingency. For that reason, staff is requesting an approval of additional contingency of $85,000 for the water and sewer portion and $35,000 for the transportation portion of the project. BUDGET/STAFF IMPACT: Roadway and drainage improvements are funded by the Transportation Bond Program, and water/sewer relocations in this project are funded by the Water and Sewer Fund Capital Improvement project appropriation. The Water and Sewer Fund will fund the additional costs of this change order. Tri Star Contractors Original (Legistar 2020-0528) CO 1 (Legistar 2021-0213) CO 2 (Legistar 2021-0495) CO 3 (Legistar 2021-1015) CO 4 (Legistar 2022-0685) CO 5 (Legistar 2022-0686) CONTRACT CONTINGENCY Transportation water/Sewer Transportation water/Sewer Bond Bond $ 4,395,109.35 61,737.50 $ 4,456,846.85 PURCHASE ORDER DETAIL $ 2,424,965.85 13,000.00 98,966.00 9,000.00 145,334.87 $ 220,000.00 (61,737.50) (145,334.87) $ 121,000.00 (13,000.00) (98,966.00) (9,000.00) 264,597.22 35,000.00 85,000.00 $ 2,955,863.94 $ 47,927.63 $ 85,034.00 GL ACCOUNT PROJECT AMOUNT 5400.860.5700-5815.00 11011.2019.7212 $ 264,597.22 Attachments: Change Order 5 CITY OF FAYETTEVILLE ARKANS ARNANSAS CHANGE ORDER Contract Title: Zion Road Phase H Improvements Change Order No. 5 Date of Issuance September 1, 2022 To Contractor: TRI-STAR CONTRACTORS LLC ORDINANCE/RESOLUTION:194-20 The Contract is changed as follows: Effective September 1, 2022 Bid Bid Previous Unit Contract Revised Revised Original Revised Contract Item Item Estimated of Unit Estimated Unit Estimated Estimated Changes No. Description Quantity Measure Price Quantity Price Cost Cost ACHM Superpave Binder 3-43 Course CO-2 500.00 TON $115.00 795.00 $139.86 57,500.00 $111,188.70 Demolition of Existing Asphalt 3-45 CO-4 0.00 SY $0.00 2650.00 $10.00 $26,500.00 Unclassified Excavation-Sewer- 3-46 CO-4 0.00 CY $0.00 3300.00 $8.75 $28,875.00 Select Embankment-Sewer- 3-47 CO-4 0.00 CY $0.00 2800.00 $11.75 $32,900.00 8" Class 7 Aggregate Base 3-48 Course-Sewer-CO-4 0.00 SY $0.00 3230.00 $13.21 $42,668.30 Subgrade Preparation-Sewer- CO-4CO-4 0.00 SY $0.00 3230.00 $2.00 $6,460.00 Undercut and Backfill 3-50 (Allowance)-Sewer-CO-4 0.00 CY $0.00 1000.00 $22.00 - $22,000.00 15-inch PVC SDR-26 Gravity 161 Sewer Main 2430.00 LF $65.00 1133.00 $65.00 157,950.00 $73,645.00 15-inch PVC SDR-26 Gravity 3-51 Sewer Main-CO-4 0.00 LF $0.00 1297.00 $67.53 $87,586.41 8-inch PVC SDR-26 Sewer 163 Main 1000.00 LF $55.00 538.00 $55.00 55,000.00 $29,590.00 8-inch PVC SDR-26 Sewer 3-52 Main-CO-4 0.00 LF $0.00 462.00 $57.06 - $26,361.72 16-Inch D.I., Expoxy Lined 166 w/Polywrap, Sewer Main 670.00 LF $140.00 670.00 $142.58 93,800.00 $95,528.60 Sewer Main Trenching & 172 Backfill, 10-14 Feet Deep 1365.00 LF $15.00 1921.00 $15.00 20,475.00 $28,815.00 Sewer Main Trenching & 173 Backfill, 14-18 Feet Deep 350.00 LF $19.00 430.00 $19.00 6,650.00 $8,170.00 Full Depth Class 7 Aggregate 192 Base Course Backfill (Sewer) 3775.00 LF $15.00 2004.00 $15.00 56,625.00 $30,060.00 Full Depth Class 7 Aggregate 3-53 Base Course Backfill (Sewer)- 0.00 LF $0.00 2281.00 $27.29 - $62,248.49 CO-4 Summation of Cost 448,000.00 $712,597.22 Net Cost for this Change Order $264,597.22 Not valid until signed by the Owner The original Contract Price was $ 6,820,075.20 Net change by previously authorized change orders $ 328,038.37 The Contract Price prior to this Change Order was $ 7,148,113.57 The Contract Price will be adjusted by The new Contract Price including this Change Order will be The Contract Time(s) will be increased by Required dates of Completion as of the date of this Change Order therefore are: Substantial Completion -------------------------- Final Completion -------------------------- $ 264,597.22 $ 7,412,710.79 U calendar days NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. TRI-STAR CONSTRACTORS LLC CITY OF FAYETTEVILLE BY DATE 21-Feb-22 23-Mar-22 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2022 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of Change Order 5 with Tri-Star Contractors in the amount of $264,597.22 for the Zion Road - Vantage to Crossover project, approval of $120,000 additional project contingency (Water/Sewer = $85,000, Transportation = $35,000), and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE LEGISTAR FILE ID# 8/16/2022 2022-0686 }f oil y 31ac1� 7/27/2022 12:15 PM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date D - (City Council) 8/16/2022 TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220718 Account Name 5400.860.5700-5815.00 264,598 - 11011 2019.7212 EX Improvements - Sewer 5400.860.5700-5911.99 5400.720.5600-5808.00 85,032 - (349,598) - 11011 11011 2019.7212 1 EX EX Contingency - Capital Project Improvements - Water Line 5400.860.5600-5911.99 4602.860.7212-5911.99 (32) - 35,000 - 11011 46020 2019.7212 7212 EX EX Contingency - Capital Project Contingency - Capital Project 4602.860.7999-5899.00 (35,000) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0686 BA Zion C05 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0690 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 RFQ 22-07 CROSSLAND HEAVY CONTRACTORS, INC.: A RESOLUTION TO AUTHORIZE A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., PURSUANT TO RFQ 22-07, IN THE INITIAL AMOUNT OF $78,550.00, TO PROVIDE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Contract with Crossland Heavy Contractors, Inc., pursuant to RFQ 22-07, in the initial amount of $78,550.00 to provide construction manager at risk services for the Midtown Corridor Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0690 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc who was selected by RFQ 22-07 to provide Construction Manager at Risk (CMAR) services for the Midtown Corridor Project in the not to exceed amount of $78,550.00 and approval of a budget adjustment. Budget Impact: 4602.860.7218-5809.00 Streets Projects - 2019 Bonds Account Number Fund 46020.7218.1020 Midtown Corridor - Deane and Sycamore Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 5,399,102.00 $ 5,054,192.56 344, 909.44 $ 78,550.00 $ 78,550.00 344,909.44 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: July 27, 2022 CITY COUNCIL MEMO SUBJECT: Midtown Corridor — Construction Manager at Risk Contract RECOMMENDATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc who was selected by RFQ 22-07 to provide Construction Manager at Risk (CMAR) services for the Midtown Corridor Project in the not to exceed amount of $78,550.00 and approval of a budget adjustment. BACKGROUND: The Midtown Corridor is a project in the 2019 Transportation Bond Program and includes several different components. The corridor is 2.3 miles in length and runs in an east -west direction through a flat part of the middle of the city from 1-49 at Porter to College Avenue at Poplar Street. The project includes vehicular improvements to the intersection of Porter Road and 1-49 with a roundabout to improve the traffic flow for the large volume of traffic from the west of 1-49 turning onto the interstate heading north. Along Porter Road and Deane Street from the interstate to Garland Avenue the project includes street improvements with new turn lanes and drainage as well as separated pedestrian and bicycle facilities. The street, drainage pedestrian, and bicycle improvements will continue along Sycamore Street from Garland Avenue to the Razorback Greenway. From the Greenway to College Avenue, the project will include multi -use trail construction along the Poplar Street alignment. Finally, a connection to the south from Poplar Street to Gregory Park was included in the design. The first phase of this corridor included the improvements to Porter Road and Deane Street from 1-49 to the east side of the new fire station. The design for this phase was completed in January of 2022. In February of 2022, the City Council approved a change order with Flintco to include this phase in the Police Headquarters Project. Construction is currently underway and is expected to be complete in early 2023. DISCUSSION: The design for the remaining phases of the project is nearing completion by Olsson Associates. To prepare for the construction phase it is necessary to have a construction manager at risk on board to evaluate the final design, recommend localized construction methods and materials and to develop the construction costs. A request for qualifications was advertised and Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 qualifications were received from two construction management companies. On July 7, 2022 a selection committee composed of staff representatives from the City of Fayetteville along with one City Council member selected Crossland Heavy Contractors, Inc. for the construction management of the Midtown Corridor. The contract for consideration with this proposal consists of pre -construction services including working closely with Olsson to provide cost estimating and potential savings for a variety of construction methods, practices and material selections. The estimate will be used to establish the construction budget for possible grant requests and to proceed into the bidding phase of the project. The City will then negotiate the final construction cost which will be reflected in the Guaranteed Maximum Price (GMP). The GMP proposal will include all costs associated with the construction of the Midtown Corridor for approval by the City Council. BUDGET/STAFF IMPACT: The corridor improvements are funded by the 2019 Transportation Bond Program. The current design contract with Olsson Associates is $1,332,971.40 of which $410,000 was paid by the Walton Family Foundation, $29,316.00 from the Police Headquarters Bond Fund and $893,655.40 from the Transportation Bond Fund. The current construction contract with Flintco for phase 1 is $4,169,565.00. This CMAR contract for $78,550.00 will be paid for from the Transportation Bond Fund. Attachments: CMAR Contract Site Exhibit AAE1vftpF- CITY OF FAYETTEVILLE ARKAN A CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 22-07, CMAR — Midtown Corridor between City of Fayetteville, Arkansas and Crossland Heavy Contractors, Inc. THIS AGREEMENT is made this day of , 2022, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Crossland Heavy Contractors, Inc. (construction manager at risk, hereinafter called CMAR, Construction Manager, or Crossland Heavy OR VENDOR), and CITY OF FAYETTEVILLE from time to time requires professional CMAR services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and CMAR in consideration of their mutual covenants agree as follows: CMAR shall serve as CITY OF FAYETTEVILLE's professional CMAR consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a CMAR registered in the State of Arkansas and licensed by the Arkansas Contractor's Licensing Board. 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees for CMAR services shall be provided as identified in appendices. i. Crossland Heavy's Tax identification number (TIN) ending in 1853 ii. Crossland Heavy's Arkansas Contractor License No. 0067301122 iii. Crossland Heavy's Secretary of State Filing No. 100205582 b. Parties agree to act on the basis of mutual trust, good faith, and fair dealing, and perform in a fiscally responsible and timely manner. Parties shall each endeavor to promote harmony and cooperation among all Project participants. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: i. Appendix A: Scope of Services RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 1 of 25 Last Revised 07.27.22 ii. Appendix B: CMAR Fee Schedule iii. Appendix C: RFQ 22-07, Construction Manager at Risk for Midtown Corridor iv. Appendix D: Crossland Heavy's Response to RFQ 22-07 v. Appendix E: Crossland Heavy's current Certificate of Insurance b. This agreement may be modified only by a duly executed written instrument signed by the CITY and CMAR. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFQ 22-07 (d) City's published RFQ 22-07 and associated Addenda and attachments. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Crossland Heavy Contractors, Inc.: Attention: Dan Thompson, 501 S. East Ave., Columbus, KS 66725 4. General Provisions: i. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer's employers, Subcontractors, Subsubcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. ii. When the Construction Documents, Guaranteed Maximum Price (GMP), and other descriptive documents defining the work are complete, they shall be identified and included in this Agreement by mutually agreed upon amendment to this Agreement. iii. Workmanship: The Work shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. iv. MATERIALS FURNISHED BY OWNER OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of Construction Manager to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of Construction Manager shall be the responsibility of Construction Manager and may be deducted from any amounts due or to become due Construction Manager. Any defects discovered in such materials or equipment shall be reported at once to the City and the City's contracted third -party Design Professional. Following receipt of written notice from Construction Manager of defects, City and Design Professional shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defects. v. WORKSITE VISIT: Construction Manager acknowledges that it has visited, or has had the opportunity to visit, the Worksite to visually inspect the general and local conditions which could affect the Work. vi. Construction Manager shall perform cutting, fitting, and patching necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 2 of 25 Last Revised 07.27.22 1. Cutting, patching, or altering the work of City or Others shall be done with the prior written approval of City and Design Professional. Such approval shall not be unreasonably withheld. vii. COMPLIANCE WITH LAWS: Construction Manager shall comply with all the Law at its own cost. Construction Manager shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by Construction Manager, its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. 1. CHANGES IN THE LAW: The GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services shall be equitably adjusted for additional costs or time needed resulting from Laws enacted after the date of this Agreement, including taxes. viii. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to Construction Manager, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If Construction Manager incurs costs or is delayed due to such loss or damage, Construction Manager may seek an equitable adjustment in the GMP, estimated Cost of the Work, Construction Manager's Fee, Date of Substantial Completion or Date of Final Completion, and, if appropriate, the Compensation for Preconstruction Services under this Agreement. Any equitable adjustment shall be approved by all parties. ix. Taxes and Permits: Construction Manager shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. Construction Manager shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. 1. Construction Manager shall pay applicable taxes and permit fees associated with the entire project. x. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. xi. City may occupy or use completed or partially completed portions of the Work when (a) the portion of the Work is designated in a Certificate of Substantial Completion, (b) appropriate insurer(s) consent to the occupancy or use, and (c) public authorities authorize the occupancy or use. Construction Manager shall not unreasonably withhold consent to partial occupancy or use. xii. JOINT DRAFTING: All Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms before execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party but shall be construed in a neutral manner. xiii. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 3 of 25 Last Revised 07.27.22 and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. xiv. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. xv. Where figures are given, they shall be preferred to scaled dimensions. xvi. The drawings and specifications are complementary. If Work is shown only on one but not on the other, Construction Manager shall perform the Work as though fully described on both. CMAR shall seek clarification from Design Professional for any discrepancies. xvii. In case of conflicts between the drawings and specifications, the specifications shall govern. In any case of omissions or errors in figures, drawings, or specifications, Construction Manager shall immediately submit the matter to City and Design Professional for clarification. Design Professional's clarifications are final and binding. xviii. DEBARMENT AND SUSPENSION: By execution of this agreement, CMAR certifies that to the best of its knowledge and belief that the CMAR and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and 4. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 5. CMAR understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. 6. Certifications for subcontracts executed under this agreement shall include all language in this section. 5. Definitions: a. Unless otherwise specifically defined in this Agreement, any terms that have well-known technical or trade meanings shall be interpreted in accordance with their well-known meanings. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 4 of 25 Last Revised 07.27.22 b. "Business Day' means all Days, except weekends and official federal or state holidays where the Project is located. c. A "Change Order' is a written order signed by all Parties after execution of this Agreement, indicating changes in the scope of the Work, the GMP and Date of Substantial Completion or Date of Final Completion. d. "Contract Time" is the period between the Date of Notice to Proceed and the total time authorized to achieve Final Completion. e. "Cost of the Work" means the total costs and discounts charged to the City. f. The "Construction Manager at Risk" (CMAR or CM) is the person or entity identified in this contract and includes Construction Manager's Representative. g. "Day' means a calendar day unless otherwise specified. h. "Defective Work" is any portion of the Work that that does not conform with the requirements of the Contract Documents. i. "Design Professional" means the licensed architect retained by the City and its subconsultants, to perform design services for the Project. j. "Final Completion" occurs on the date when CMAR's obligations under this Agreement are complete and accepted by City and final payment becomes due and payable. This date shall be confirmed by a Certificate of Final Completion signed by all Parties. k. "Hazardous Material" is any substance or material identified now or in the future as hazardous under the Law, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal, or cleanup. I. "Interim Directive" is a written order containing change to the Work directed by and in consultation with City and Design Professional after execution of this Agreement and before Substantial Completion. Interim Directives shall be consolidated and formalized in a change order to be signed by all parties. m. "Law" means federal, state, or local laws, ordinances, codes, rules, and regulations applicable to the Work with which Construction Manager must comply that are enacted as of the Agreement date. n. "Others" means City's other: (a) contractors/constructors, (b) suppliers, (c) subcontractors, subsubcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of CMAR's employees in CMAR's principal and branch offices for work associated with this project. p. "Owner' is the City of Fayetteville, Arkansas (City). q. The "Owner's Program" is an initial description of Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, site requirements, and any requirements for phased occupancy. r. The "Parties" are collectively City and CMAR. s. The "Project," is the building, facility, or other improvements for which CMAR is to perform Work under this Agreement. It may also include construction by Owner or Others. t. The "Schedule of the Work" is the document prepared by CMAR that specifies the dates on which CMAR plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 5 of 25 Last Revised 07.27.22 u. "Subcontractor" is a person or entity retained by CMAR as an independent contractor to provide the labor, materials, equipment, or services necessary to complete a specific portion of the Work. The term Subcontractor does not include Design Professional or Others. v. "Substantial Completion" of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that City may occupy or utilize the Work, or a designated portion, for the use for which it is intended, without unapproved disruption. This date shall be confirmed by a certificate of Substantial Completion signed by all Parties. w. A "Subsubcontractor" is a person or entity who has an agreement with a Subcontractor or another subsubcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by CMAR to provide material or equipment for the Work. y. "Terrorism" means a violent act, or an act that is dangerous to human life, property, or infrastructure, that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. Terrorism includes, but is not limited to, any act certified by the United States government as an act of terrorism pursuant to the Terrorism Risk Insurance Act, as amended. z. "Work" means the construction and administrative and management services necessary or incidental to fulfill Construction Manager's obligations for the Project in accordance with and reasonably inferable from the Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by Owner or Others. aa. "Worksite" means the area of the Project where the Work is to be performed. bb. "Bi-monthly basis" means every fourteen to sixteen calendar days. 6. Contract Document Review and Administration a. Before commencing the Work, Construction Manager shall examine and compare the drawings and specifications with information furnished by the City and Design Professional that are considered Contract Documents, relevant field measurements made by Construction Manager, and any visible conditions at the Worksite affecting the Work. b. Should Construction Manager discover any errors, omissions, or inconsistencies in the Contract Documents, Construction Manager shall promptly report them to the City and Design Professional. Following receipt of written notice from Construction Manager of defects, City shall promptly inform Construction Manager what action, if any, Construction Manager shall take with regard to the defect. c. Nothing in this section shall relieve CMAR of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: Construction Manager shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. Construction Manager shall maintain a complete set of all books and records prepared or used by Construction Manager with respect to the Project. City shall be afforded access to all of Construction Manager's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. Construction Manager shall preserve all such records for a period of three years after the final payment or longer where required by Law. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 6 of 25 Last Revised 07.27.22 7. Warranty a. Construction Manager warrants all materials and equipment furnished under the Construction Phase of this Agreement will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. At City or Design Professional request, Construction Manager shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Construction Manager further warrants all Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Construction Manager's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage beyond the warranty period, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by the City or others, or abuse. Construction Manager's warranty shall commence on the Date of Final Completion of the Project. b. To the extent products, equipment, systems, or materials incorporated in the Work are specified and purchased by the City, they shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face of any such warranty. For such incorporated items, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. c. Construction Manager shall obtain from its Subcontractors and Suppliers any special or extended warranties required by the Contract Documents. Construction Manager's liability for such warranties shall be limited to the one-year correction period, as further defined in this Agreement. After that period Construction Manager shall provide full and comprehensive assistance to the City in enforcing the obligations of Subcontractors or Suppliers for such extended warranties. d. Correction of Work within Two Years If before Substantial Completion or within two -years after the date of Final Completion of the Work any Defective Work is found, City shall promptly notify Construction Manager in writing. Unless City provides written acceptance of the condition, Construction Manager shall promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the two-year correction period City discovers and does not promptly notify Construction Manager or give Construction Manager an opportunity to test or correct Defective Work as reasonably requested by Construction Manager, City waives Construction Manager's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work. ii. If Construction Manager fails to correct Defective Work within a reasonable time after receipt of written notice from City before final payment, City may correct it in accordance with Owner's right to carry out the Work. In such case, an appropriate Change Order shall be issued deducting the cost of correcting the Defective Work from payments then or thereafter due Construction Manager. If payments then or thereafter due Construction Manager are not sufficient to cover such amounts, Construction Manager shall pay the difference to City. iii. Construction Manager's obligations and liability, if any, with respect to any Defective Work discovered after the two-year correction period shall be determined by the Law. If, after the two- year correction period but before the applicable limitation period has expired, City discovers any Work which City considers Defective Work, City shall, unless the Defective Work requires emergency correction, promptly notify Construction Manager and allow Construction Manager an opportunity to correct the Work if Construction Manager elects to do so. If Construction RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 7 of 25 Last Revised 07.27.22 Manager elects to correct the Work it shall provide written notice of such intent within fourteen (14) Days of its receipt of notice from City and shall complete the correction of Work within a mutually agreed timeframe. If Construction Manager does not elect to correct the Work, City may have the Work corrected by itself or Others, and, if City intends to seek recovery of those costs from Construction Manager, City shall promptly provide Construction Manager with an accounting of the actual correction costs. iv. If Construction Manager's correction or removal of Defective Work causes damage to or destroys other completed or partially completed work or existing building, Construction Manager shall be responsible for the cost of correcting the destroyed or damaged property. v. The two-year period for correction of Defective Work does not constitute a limitation period with respect to the enforcement of Construction Manager's other obligations under the Contract Documents. vi. Before final payment, at City option and with Construction Manager's agreement, City may elect to accept Defective Work rather than require its removal and correction. In such cases the GMP shall be equitably adjusted for any diminution in the value, as determined by City, of the Project caused by such Defective Work. 8. Safety of Persons and Property a. SAFETY PROGRAMS: Construction Manager holds overall responsibility for safety programs. However, such obligation does not relieve Subcontractors of their safety responsibilities and to comply with the Law. Construction Manager shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect: (a) its employees and other persons at the Worksite; (b) materials and equipment stored at onsite or offsite locations for use in performing the Work; and (c) property located at the Worksite and adjacent to work areas, whether or not the property is part of the Worksite. b. CONSTRUCTION MANAGER'S SAFETY REPRESENTATIVE: Construction Manager shall designate an individual at the Worksite in its employ as its safety representative. Unless otherwise identified by Construction Manager in writing to City, Construction Manager's project superintendent shall serve as its safety representative. Construction Manager shall report promptly in writing all recordable accidents and injuries occurring at the Worksite. When Construction Manager is required to file an accident report with a public authority, Construction Manager shall furnish a copy of the report to City. c. Construction Manager shall provide City with copies of all notices required of Construction Manager by the Law. Construction Manager's safety program shall comply with the requirements of governmental and quasi -governmental authorities having jurisdiction. i. Damage or loss not insured under property insurance that may arise from the Work, to the extent caused by negligent or intentionally wrongful acts or omissions of Construction Manager, or anyone for whose acts Construction Manager may be liable, shall be promptly remedied by Construction Manager. d. If City deems any part of the Work or Worksite unsafe, City, without assuming responsibility for Construction Manager's safety program, may require Construction Manager to stop performance of the Work, take corrective measures satisfactory to City. If Construction Manager does not adopt corrective measures, City may perform them and deduct their cost from the GMP. Construction Manager agrees to RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 8 of 25 Last Revised 07.27.22 make no claim for damages, or an increase in the GMP, or for a change in the Dates of Substantial or Final Completion based on Construction Manager's compliance with City's reasonable request. 9. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: Construction Manager agrees to bind every Subcontractor and Supplier, and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. Construction Manager agrees not to subcontract construction manager at risk related services without prior written consent from the City. 10. Fees, Expenses, and Payments: a. The maximum not -to -exceed amount authorized for this agreement is included in the breakdown shown below. Fees shall be paid to the CMAR as described in Appendix B. f b. Phase 1: Pre -Construction Services l i. The maximum not -to -exceed amount authorized for this phase is $78,550.00 USD. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase z: Guaranteed Maximum Price Guaranteed Maximum (GMP) i. If this Agreement is executed before establishment of the Guaranteed Maximum Price and its acceptance by the City, then the GMP and its basis shall be set forth in a GMP Change Order. ii. In the event all Parties agree the drawings and specifications are sufficiently complete after bids are received, Construction Manager shall prepare and submit to the City in writing a GMP. The GMP proposal shall include the cost of the Work, Construction Manager's Fee, the clarifications upon which it is based, but shall not include compensation for Preconstruction Services (Phase 1). iii. FAILURE TO ACCEPT THE GMP PROPOSAL: Unless the City accepts the GMP Proposal in writing the GMP Proposal shall not be effective. If City fails to accept the GMP Proposal, or rejects the GMP Proposal, City shall have the right to: 1. suggest modifications to the GMP Proposal 2. terminate the Agreement for convenience iv. PRE-GMP WORK: Before City acceptance of the GMP Proposal, Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as provided in this Agreement or as City may specifically authorize in advanced writing. v. GMP shall include an itemized cost items from the CMAR, including but not limited to: 1. Labor wages directly employed by Construction Manager in performing of the Work. 2. Salaries of Construction Manager's employees when stationed at the field office, in whatever capacity employed, employees engaged on the road expediting the production or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 9 of 25 Last Revised 07.27.22 or transportation of material and equipment, and employees from the principal or branch office as mutually agreed by the Parties in writing. 3. Cost of all employee benefits and taxes, including but not limited to, workers' compensation, unemployment compensation, social security, health, welfare, retirement, and other fringe benefits as required by law, labor agreements, or paid under Construction Manager's standard personnel policy, insofar as such costs are paid to employees of Construction Manager who are included in the Cost of the Work. 4. Transportation, travel, hotel, and moving expenses of Construction Manager's personnel incurred in connection with the Work. 5. Cost of all materials, supplies, and equipment incorporated in the Work, including costs of inspection and testing if not provided by City, transportation, storage, and handling. 6. Payments made by Construction Manager to Subcontractors for work performed under this Agreement. 7. Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities, and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value or residual value; and cost less salvage value on such items used, but not consumed that remain the property of Construction Manager. 8. Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the Worksite, whether rented from Construction Manager or others, including installation, repair, and replacement, dismantling, removal, maintenance, transportation, and delivery costs at competitive market rates. 9. Cost of the premiums for all insurance and surety, performance or payment bonds which Construction Manager is required to procure or deems necessary and approved by City including any additional premium incurred as a result of any increase in the GMP at fixed rates approved by the City. 10. Sales, use, gross receipts, or other taxes, tariffs, or duties related to the Work for which Construction Manager is liable. 11. Permits, taxes, fees, licenses, tests, royalties. 12. Losses, expenses, or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for the warranty period. 13. Costs associated with establishing, equipping, operating, maintaining, mobilizing and demobilizing the field office. 14. Water, power, and fuel costs necessary for the Work. 15. Cost of removal of all nonhazardous substances, debris, and waste materials. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 10 of 25 Last Revised 07.27.22 16. Costs incurred due to an emergency affecting the safety of persons or property. 17. Costs directly incurred in the performance of the Work or in connection with the Project, and not included in Construction Manager's Fee, which are reasonably inferable from the Contract Documents. Fees set for the construction of this project are intended to be executed upon agreement of all parties in a not to exceed form via change order. Due to the bond funding nature of this project, all parties agree payment to the CMAR shall be made as follows: i. The City shall be responsible for a not to exceed cap. ii. Final amounts shall be identified with a Change Order, pursuant to agreement of all parties of a Guaranteed Maximum Price. CMAR shall track, log and report expenses directly related to this Agreement along with invoice which shall include schedule of values for payment for each month. Invoices shall be itemized. Invoice and payment requests shall not exceed the percentage for work completed as defined. Payment Terms: All invoices are payable upon approval and due within thirty (30) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise CMAR in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within 30 calendar days of date the invoice is approved. STORED MATERIALS AND EQUIPMENT: Unless otherwise provided in the contract documents, applications for payment may include materials and equipment not yet incorporated into the Work but delivered to and suitably stored onsite or offsite including applicable insurance, storage, and costs incurred transporting the materials to an offsite storage facility. Approval of payment applications for stored materials and equipment stored offsite shall be conditioned on a submission by Construction Manager of bills of sale and proof of required insurance, or such other documentation satisfactory to City to establish the proper valuation of the stored materials and equipment, City's title to such materials and equipment, and to otherwise protect City's interests therein, including transportation to the Worksite. Materials and equipment stored offsite shall be in a bonded and insured secure facility. Monthly invoices for each calendar month shall be submitted to City or such parties as City may designate for professional services consistent with CMAR's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by CMAR and approved by City. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the Project. i. Retainage in the amount of five percent (5%) will be withheld from each payment until project final completion. ii. Upon Substantial Completion, the City may release retainage on that portion of the Work a Subcontractor has completed in whole or in part, and which City have accepted. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, CMAR RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 11 of 25 Last Revised 07.27.22 shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by CMAR to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against CMAR or sureties under this Agreement. 11. Project Bonding: Performance and payment bonding. After execution of this contract by all parties, CMAR shall provide a 100% separate performance and payment bond from a bonding company, licensed to do business in the state of Arkansas, to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. Bonds shall be provided within ten (10) calendar days after GMP change order has been executed and approved by all parties. Construction contracts for the project shall not be entered into between the CMAR and sub -contractor without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties prior to the start of work. b. A maintenance bond shall be provided for the duration of the entire warranty period. c. All bonds shall be listed with the U.S. Treasury Department listing of approved surety's (T-List) and shall be rated A+ minimum by A. M. Best. 12. Time: SUBSTANTIAL and FINAL COMPLETION: Date of Substantial Completion and the Date of Final Completion shall be established in a GMP Change Order to this Agreement (GMP) as a hard not to exceed date. If such dates are not established upon the execution of this Agreement, at such time as GMP is accepted a Date of Substantial Completion and Date of Final Completion of the Work shall be established in a GMP Change Order. b. Time is of the essence with regard to the obligations of the Contract Documents. c. Unless instructed by City in writing, Construction Manager shall not knowingly commence the Work before the effective date of Construction Manager's required insurance and bonds. Schedule of Work: Before submitting its first application for payment, Construction Manager shall submit to City and, if directed, Design Professional a Schedule of the Work showing the dates on which Construction Manager plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, Construction Manager shall comply with the approved Schedule of the Work or Construction Manager. i. Unless otherwise agreed, the Schedule of the Work shall be formatted in a detailed precedence - style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work, and (b) identifies dates that are critical to ensure timely and orderly completion of the Work. ii. Construction Manager shall update the Schedule of the Work on a bi-monthly basis or as mutually agreed by all Parties. iii. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require Construction RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 12 of 25 Last Revised 07.27.22 Manager to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. If Construction Manager consequently incurs costs or is delayed, the GMP or the Dates of Substantial or Final Completion, or both, Construction Manager may seek equitable adjustment. e. NOTICE OF DELAY CLAIMS: If Construction Manager requests an equitable extension of the Contract Time or an equitable adjustment in the GMP as a result of a delay described, Construction Manager shall give City written notice of the claim. If Construction Manager causes delay in the completion of the Work, City shall be entitled to recover its additional costs. MONITORING PROGRESS AND COSTS: Following acceptance by City of the GMP, Construction Manager shall establish a process for monitoring actual costs against the GMP and actual progress against the Schedule of Work. Construction Manager shall provide written reports to City at intervals as agreed to by all Parties on the status of the Work, showing variances between actual costs and the GMP and actual progress as compared to the Schedule of Work, including estimates of future costs and recovery programs if actual progress indicates that the Dates of Substantial Completion or Final Completion may not be met. 13. Determination of Contract Time: a. General. The time allowed for the completion of the Work included in the Contract will be stated in the Proposal and Contract and will be known as the "Contract Time". The contract time will be specified as a fixed completion date or as calendar days. ii. The CMAR shall take into consideration all normal conditions considered unfavorable to the normal progress of the Work and place a sufficient work force and equipment on the project to ensure completion of the Work within the contract time. iii. The Engineer/City Engineer will determine the date upon which the Contract is substantially complete and time assessment will cease. In the event cleanup is necessary or items found at the final inspection are to be corrected, the CMAR shall complete this work in a timely manner, or the Engineer/City Engineer will resume time charges. b. Fixed Completion Date. When the contract time is specified as a fixed date, it will be the date on which all work on the project shall be substantially complete. c. Calendar Day. Calendar day contract time includes delays for normal weather -related events, such as rain, snow, and freezing temperatures that may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the CMAR. Days included in the Contract Times for Normal Weather -Related Events, on a monthly basis, include: Mouth Days J-UaLy 11 FebmHy 9 March E ril E hLv & June 8 Juh1 7 August 7 September 7 October 7 November 7 December 8 RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 13 of 25 Last Revised 07.27.22 No changes in contract times will be allowed for any reason without a request in writing from the CMAR. This request shall include reasons for the request with supporting documentation as proof of extraordinary delays beyond the CMAR's control. Normal rainfall amounts and soil conditions will not be considered as reasons for extensions of time, nor will workload of the Contractor. The request must be submitted for to the Engineer/City Engineer within 5 days of the end of the month to be considered. No compensation will be made for monetary damages due to weather delay(s). d. Working Day. Working Day. Only when the contract time is specified in working days, the provisions of Section 109.08(d) shall apply. i. Time will be assessed for each day on which, in the judgment of the Engineer/City Engineer and subject to the limitations below, conditions allow the Contractor to effectively utilize 60% of normal forces and equipment to prosecute the work required at that time, for at least 60% of the Contractor's normal working hours, regardless of whether the CMAR actually works. ii. The Engineer/City Engineer will not assess a working day when conditions exist beyond the control and without the fault of the CMAR that prevent the utilization of forces and equipment as defined above. Also, for the purpose of assessment of working days, inaccessibility to a portion of the work due to utility conflict or utility work, either of which prevents utilization of forces and equipment as defined above, will be considered as an adverse working condition for the time exceeding that specified in the Contract for the utility adjustment. The ability of vendors, suppliers, and subcontractors to provide materials and/or services is considered within the CMAR's control for the purpose of assessment of working days. Time from December 21 through January 15, inclusive, will not be assessed against the contract time. i. Saturdays and City recognized holidays, other than those designated above, which may be declared by the City for certain special or unusual circumstances, will be optional to the CMAR as working days, and time will not be assessed unless work is performed that requires inspection. If work is performed, contract time assessment will be based upon the same conditions as a normal working day. ii. Contract time will not be assessed during a full suspension of the work as ordered by the Engineer/City Engineer. During a partial suspension of the work as ordered by the Engineer/City Engineer, the contract time will be assessed in direct proportion to the ratio of the money value of the items not suspended to the total contract amount. iii. Each pay estimate will state the each working day charged during the preceding period and the total number of working days charged to date. If the CMAR disagrees with the working days charged by the Engineer/City Engineer, then the Contractor shall, within 10 calendar days of signing the pay estimate, give the Engineer/City Engineer written notice of such disagreement and the reasons, therefore. If the CMAR does not provide written notice within 10 calendar days of signing the pay estimate, no subsequent request for review will be considered. 14. Substantial Completion: a. Construction Manager shall notify City and, if directed, Design Professional when it considers Substantial Completion of the Work or a designated portion to have been achieved. City, with the assistance of its Design Professional, shall promptly conduct an inspection to determine whether the Work or designated portion can be occupied or used for its intended use by City without excessive interference in completing any remaining unfinished Work. If City determines the Work or designated portion has not reached Substantial Completion, City, with the assistance of its Design Professional, shall promptly compile a list of items to be completed or corrected so City may occupy or use the Work or designated portion for its intended use. Construction Manager shall promptly and accurately complete all items on the list. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 14 of 25 Last Revised 07.27.22 b. When Substantial Completion of the Work or a designated portion is achieved, Construction Manager shall prepare a Certificate of Substantial Completion establishing the date of Substantial Completion and the respective responsibilities of each Party for interim items such as security, maintenance, utilities, insurance, and damage to the Work, and fixing the time for completion of all items on the list accompanying the Certificate. The Certificate of Substantial Completion shall be submitted by Construction Manager to City and, if directed, to Design Professional for written acceptance of responsibilities assigned in the Certificate of Substantial Completion. c. Unless otherwise provided in the Certificate of Substantial Completion, warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or a designated portion. d. Upon City's written acceptance of the Certificate of Substantial Completion, City shall pay to Construction Manager the remaining retainage held by City for the Work described in the Certificate of Substantial Completion less a sum equal to one hundred and fifty percent (150%) of the estimated cost of completing or correcting remaining items on that part of the Work, as agreed to by the Parties as necessary to achieve Final Completion, including all close outs. Uncompleted items shall be completed by Construction Manager in a mutually agreed upon timeframe. 15. Final Completion: i. Upon notification from Construction Manager that the Work is complete and ready for final inspection and acceptance, City, with the assistance of its Design Professional shall promptly conduct an inspection to determine if the Work has been completed and is acceptable under the Contract Documents. ii. When the Work is complete, Construction Manager shall prepare for City's written acceptance a final application for payment stating that to the best of Construction Manager's knowledge, and based on City's inspections, the Work has reached Final Completion in accordance with the Contract Documents. iii. Final payment of the balance of the GMP shall be made to Construction Manager within thirty (30) Days after Construction Manager has submitted an application for final payment, pending the application has been approved by the City, including submissions required, and a Certificate of Final Completion has been executed by all Parties. iv. Final payment shall be due on Construction Manager's submission of the following to the City: 1. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; 2. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; 3. release of any liens, conditioned on final payment being received; 4. consent of any surety; and RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 15 of 25 Last Revised 07.27.22 5. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. v. If, after Substantial Completion of the Work, the Final Completion of a portion of the Work is materially delayed through no fault of Construction Manager. If approved by City, they shall pay the balance due for any portion of the Work fully completed and accepted. If the remaining contract balance for Work not fully completed and accepted is less than the retained amount before payment, Construction Manager shall submit to City and, if directed, Design Professional the written consent of any surety to payment of the balance due for portions of the Work that are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. vi. ACCEPTANCE OF FINAL PAYMENT: Unless Construction Manager provides written identification of unsettled claims with an application for final payment, its acceptance of final payment constitutes a waiver of such claims. b. CMAR shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub -subcontractors and before work begins on the project. The contractor shall give written notice to the material suppliers, subcontractors and sub -subcontractors providing work on the project that states the following: i. 'According to Arkansas law, it is understood that no liens can be filed against public property if valid and enforceable payment and performance bond is in place. Regarding this Project and Agreement, the valid and enforceable bonds are with ( name of surety ).' ii. CMAR shall direct its subcontractors to obtain a written receipt evidencing acknowledgment of this statement from sub -subcontractors. 16. Liquidated Damages: a. SUBSTANTIAL COMPLETION: Liquidated damages based on the Substantial Completion date, to be determined in a GMP Change Order, shall apply. i. City will suffer damages which are difficult to determine and accurately specify if the Substantial Completion date, which may be amended by Change Order, is not attained. Construction Manager shall pay City seven hundred fifty US dollars ($750.00 USD) per calendar day as liquidated damages and not as a penalty for each Day that Substantial Completion extends beyond the Substantial Completion date. 17. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 18. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 19. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 20. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing 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 CMAR shall do everything possible to provide the documents in a prompt RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 16 of 25 Last Revised 07.27.22 and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 21. 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. 22. Insurance: a. Before starting the Work and as a condition precedent to payment, Construction Manager shall procure and maintain in force Workers' Compensation Insurance, Employers' Liability Insurance, Business Automobile Liability Insurance, and Commercial General Liability Insurance ("CGL"). The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury, contractual liability, pollution coverage, and broad form property damage. Construction Manager shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by the Contract Documents, whichever is longer. Construction Manager's Employers' Liability, Business Automobile Liability and CGL policies shall be written with at least the limits of liability presented in Appendix E. b. Employers' Liability, Business Automobile Liability, and CGL coverages required may be provided by a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella liability policies. c. Construction Manager shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Project is located. If Construction Manager fails to obtain or maintain any insurance coverage required under this Agreement, City may purchase such coverage and charge the expense to Construction Manager, or terminate this Agreement. d. To the extent commercially available to Construction Manager from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee shall give City written notice transmitted in paper and electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Construction Manager shall furnish City with certificates of insurance until one year after Substantial Completion or longer if required by the Contract Documents. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Construction Manager shall give City prompt written notice upon actual or constructive knowledge of such condition. e. Certificates of Insurance shall list the City as Additional Insured Parties. f. PROPERTY INSURANCE: i. At no time shall any policy be covered by self-insurance or in a self -insured format. All policies shall be covered by an approved commercial insurance professional properly licensed to do business in Arkansas. ii. Unless otherwise directed in writing by City, before starting the Work, CMAR shall obtain and maintain a Builder's Risk Policy upon the entire Project for the full cost of replacement at the time of loss, including existing structures. This insurance shall also (a) name Construction Manager, Subcontractors, Subsubcontractors, and Design Professional as named insureds; (b) be written in such form to cover all risks of physical loss except those specifically excluded by the policy; and (c) insure at least against and not exclude: RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 17 of 25 Last Revised 07.27.22 1. the perils of fire, lightning, explosion, windstorm, hail, smoke, aircraft (except aircraft, including helicopter, operated by or on behalf of Construction Manager) and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind damage, testing if applicable, collapse, however caused; 2. damage resulting from defective design, workmanship, or material; 3. coverage extension for damage to existing buildings, plant, or other structures at the Worksite, when the Project is contained within or attached to such existing buildings, plant or structures. Coverage shall be to the extent loss or damage arises out of Constructor's activities or operations at the Project; 4. equipment breakdown, including mechanical breakdown, electrical injury to electrical devices, explosion of steam equipment, and damage to steam equipment caused by a condition within the equipment; 5. testing coverage for running newly installed machinery and equipment at or beyond the specified limits of their capacity to determine whether they are fit for their intended use; and 6. physical loss resulting from Terrorism. iii. The Party that is the primary cause of a Builder's Risk Policy claim shall be responsible for any deductible amounts or coinsurance payments. If no Party is the primary cause of a claim, then the Party obtaining and maintaining the Builder's Risk Policy shall be responsible for the deductible amounts or coinsurance payments. This policy shall provide for a waiver of subrogation. This insurance shall remain in effect until final payment has been made or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. Partial occupancy or use of the Work shall not commence until City has secured the consent of the insurance company or companies providing the coverage required in this subsection. Before commencing the Work, City shall provide a copy of the property policy or policies obtained. iv. If City elects to purchase the property insurance required by this Agreement, including all of the coverages and deductibles for the same durations specified, City shall give written notice to Construction Manager before the Work is commenced and provide a copy of the property policy or policies obtained in compliance with this agreement. City may then provide insurance to protect its interests and the interests of the Constructor, Subcontractors, Suppliers, and Subsubcontractors. The cost of this insurance shall be paid by City in a Change Order. If City gives written notice of its intent to purchase property insurance required by this Agreement and fails to purchase or maintain such insurance, City shall be responsible for costs reasonably attributed to such failure. v. The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, subsubcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 18 of 25 Last Revised 07.27.22 1. To the extent of the limits of Construction Manager's Commercial General Liability Insurance, Construction Manager shall indemnify and hold harmless City against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of City's existing adjacent property, including personal property, that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Construction Manager, Subcontractor, Supplier, Subsubcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. g. RISK OF LOSS: Except to the extent a loss is covered by applicable insurance, risk of loss from damage to the Work shall be upon the Party obtaining and maintaining the Builder's Risk until the Date of Final Completion. h. ADDITIONAL GENERAL LIABILITY COVERAGE: City shall require Construction Manager to purchase and maintain additional liability coverage. Construction Manager shall provide: Additional Insured. City shall be named as an additional insured on Construction Manager's Commercial General Liability (CGL) specified, for on -going operations and completed operations, excess/umbrella liability, commercial automobile liability, and any required pollution liability, but only with respect to liability for bodily injury, property damage, or personal and advertising injury to the extent caused by the negligent acts or omissions of Construction Manager, or those acting on Construction Manager's behalf, in the performance of Construction Manager's work for Owner at the Worksite. The insurance of the Construction Manager and its Subcontractors (both primary and excess) shall be primary to any insurance available to the Additional Insureds. Any insurance available to the Additional Insureds shall be excess and non-contributory. ii. OCP. Construction Manager shall provide an Owners' and Contractors' Protective Liability Insurance ("OCP") policy with limits equal to the limits on CGL specified, or limits as otherwise required by Owner. i. Any documented additional cost in the form of a surcharge associated with procuring the additional liability coverage in accordance with this subsection shall be paid by CMAR. Before commencing the Work, Construction Manager shall provide either a copy of the OCP policy, or a certificate and endorsement evidencing that City has been named as an additional insured, as applicable. ROYALTIES, PATENTS, AND COPYRIGHTS: Construction Manager shall pay all royalties and license fees , unless otherwise specified in the Contract Documents, which may be due on the inclusion of any patented or copyrighted materials, methods, or systems selected by Construction Manager and incorporated in the Work. Construction Manager shall defend, indemnify, and hold City harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection unless such design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in documents prepared by the Owner. j. PROFESSIONAL LIABILITY INSURANCE: To the extent Construction Manager is required to procure design services, Construction Manager shall require its design professionals to obtain a commercial professional liability insurance for claims arising from the negligent performance of professional services under this Agreement, with a company reasonably satisfactory to City, including coverage for all professional liability RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 19 of 25 Last Revised 07.27.22 caused by any consultants to Construction Manager's design professional, written for not less than one million US dollars ($1,000,000) per claim and in the aggregate. Construction Manager's design professional shall pay the deductible. The Professional Liability Insurance shall contain a retroactive date providing prior acts coverage sufficient to cover all Services performed by the Constructor's design professional for this Project. Coverage shall be continued in effect for the entire warranty period. 23. Professional Responsibility: CMAR will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to CMAR any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so CMAR can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of CMAR. 24. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of CMAR: i. Provide full information as to the requirements for the Project. ii. Assist CMAR by placing at CMAR's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist CMAR in obtaining access to property reasonably necessary for CMAR to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by CMAR and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to CMAR in a timely manner. vi. The City of Fayetteville Public Works Director, or his or her designee, is the project representatives with respect to the services to be performed under this Agreement. The Public Works Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 25. Cost Opinions and Projections: Cost opinions and projections prepared by the CMAR relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, cost estimating, and operating results are based on CMAR's experience, qualifications, and judgment as a CMAR professional. 26. Period of Service: This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. a. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. CMAR shall proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included with Appendix B. 27. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 20 of 25 Last Revised 07.27.22 ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that CMAR is given: i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to CMAR at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of CMAR's default. d. If termination for default is effected by CMAR, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to CMAR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by CMAR relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action under Paragraphs above, CMAR shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by CMAR in performing this Agreement, whether completed or in process. f. Upon termination under sections above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of CMAR to fulfill contractual obligations, it is determined that CMAR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 28. Delays a. In the event the services of CMAR are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond CMAR's reasonable control, CMAR shall be entitled to additional compensation and time for reasonable documented costs incurred by CMAR in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by CMAR, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 29. Rights and Benefits a. CMAR's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 30. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and CMAR which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 21 of 25 Last Revised 07.27.22 omissions of CITY OF FAYETTEVILLE or CMAR in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give CMAR written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and CMAR shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of CMAR, and the Mayor of CITY OF FAYETTEVILLE or his or her designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 31. Sufficient Funds: The CITY represents to have sufficient funds or the means of obtaining funds to remit payment to CMAR for services rendered by CMAR. All parties agree if funding should become insufficient to complete the project, CMAR shall be notified in a timely manner. 32. Publications: a. Recognizing the importance of professional services on the part of CMAR's employees and the importance of CMAR's public relations, CMAR may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to CMAR's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to CMAR, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of CMAR's activities pertaining to any such publication shall be for CMAR's account. 33. Indemnification: a. To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the City from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death or injury to or destruction of tangible property (other than the Work itself) but only to the extent caused by the negligent acts or omissions of the CMAR, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 22 of 25 Last Revised 07.27.22 liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Agreement. 34. Ownership of Documents: a. All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. CMAR may retain reproduced copies of drawings and copies of other documents. b. Engineering and architectural documents, computer models, drawings, specifications and other hard copy or electronic media prepared by CMAR as part of the Services shall become the property of CITY OF FAYETTEVILLE when CMAR has been compensated for all Services rendered, provided, however, that CMAR shall have the unrestricted right to their use. CMAR shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of CMAR. c. Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. CMAR makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 35. Additional Responsibilities of CMAR: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve CMAR of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. CMAR shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by CMAR's negligent performance, except beyond the CMAR's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. CMAR's obligations under this clause are in addition to CMAR's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against CMAR for faulty materials, equipment, or work. 36. Audit and Access to Records: a. CMAR shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. CMAR shall also maintain the financial information and data used by CMAR in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CMAR will provide proper facilities for such access and inspection. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 23 of 25 Last Revised 07.27.22 c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of CMAR; 2. If there is any indication that fraud, collusion, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 37. Covenant Against Contingent Fees: a. CMAR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CMAR for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 38. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that CMAR or any of CMAR agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to CMAR terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against CMAR as it could pursue in the event of a breach of the Agreement by CMAR. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs CMAR incurs in providing any such gratuities to any such officer or employee. RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 24 of 25 Last Revised 07.27.22 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and VENDOR by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVf LLE, ARKANSAS By: Lioneld Jordan, Mayor ATTEST: By: Kara Paxton, City Clerk Date Signed: CROSSLAND HEAVY CONTRACTORS. INC W/Zz�/ By:ZZ Signature Printed Name and Title Date Signed: 7 Z END OF AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGER AT RISK SERVICES RFQ 22-07, Construction Manager at Risk for Midtown Corridor Page 25 of 25 Last Revised 07.27.22 APPENDIX A — SCOPE OF WORK for CONTRACT FOR PROFESSIONAL SERVICES — CONSTRUCTION MANAGER AT RISK RFQ 22-07, CMAR — Midtown Corridor 1. PROJECTSUMMARY a. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, street widening with the addition of turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases to include the following: i. Package A: Deane Street — Fire Department to Garland Ave. 1. Street widened from 2 to 3 lanes to include a center turn lane 2. Connected Sidewalks on the south side from Porter Road to Lynn's Place 3. A 12-foot wide trail on the north side along the UofA Agricultural Experiment Station 4. Enhanced trail crossing at Lynn's Place, connecting through Tri-cycle Farm to Sycamore St. ii. Package B: Sycamore Street from Garland Ave. to the Razorback Greenway 1. Street widened from 2 to 3 lanes to include a center turn lane 2. 12-foot wide shared use paved trail on south side 3. Sidewalks on the north side iii. Package C: Poplar Street from Razorback Greenway to N. Woodland Avenue 1. 10-foot wide shared use paved trail the north side from Razorback Greenway to Gregg Ave 2. 10-foot wide shared use paved trail on the south side of street from Yates Ave. to Woodland 3. Pavement markings designating a on street bike route on Woodland Ave. that is shared with vehicles (no bike lanes or trail) 4. Enhanced crossing of Sycamore St to access Gregory Park b. Olsson, Inc. is serving as the lead design professional for this project. c. Protect funding: The total project funding is to be provided by the City of Fayetteville and other funding sources. 2. SCOPE OF WORK a. Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. CMAR shall coordinate with the design team composed of Olsson Inc. and the City of Fayetteville in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination with design team is critical for all phases. b. PHASE 1: Design Development and Construction Drawings from the current plans to final plans i. Construction Documents Phase 1. Review Construction Documents/Plans and Specifications. Olsson will submit construction document sets to the design team and the Construction Manager, and electronic versions as necessary, for review, cost analysis and approval. (100% plan review). RFQ 22-07, CMAR — Midtown Corridor APPENDIXA — SCOPE OF WOR Page 1 of 3 — Last Revised: 07.27.22 2. Attend follow up meetings with the design team. 3. Provide guidance to Olsson to find efficient solutions to the plans to reflect issues noted the design team, inclusive of any necessary redesign prompted from the permit process. 4. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville for required approvals. 5. Assist Olsson in responding in writing to all Design Team comments on plans. 6. Assist Olsson and the City with the bid form and identify all separate trade packages. 7. Facilitate with Olsson and the Design Team in conducting cost -benefit analyses to understand construction costs, life -cycle cost impacts and long-term maintenance costs. 8. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. 9. Review and provide comments to Olsson's opinion of probable cost and after value engineer work with Olsson to provide a finial opinion of probable cost. 10. Provide initial CPM schedule for the project. ii. Bid Phase 1. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. 2. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. 3. Provide distribution of plans to all interested parties. a. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. b. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. c. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. d. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. 4. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend the Bid Opening. 5. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). 6. Any addenda shall be provided to the Purchasing Division for review and approval in advance of issuance. Bidders, interested parties, and plan holders shall receive all information included in addenda at the time addenda is issued. 7. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. 8. Assist with the design of all Bid Proposals. 9. Review Olsson's Recommendation of Award Letter that includes the following required content (and assist with): a. Check for math errors and reconcile any mathematical discrepancies, b. Review for unbalance bid items, c. Coordinate with the City Purchasing Division in finalizing a Certified Bid Tabulation including Engineer's estimate, d. Review of contractor's financial standing and references provided, RFQ 22-07, CMAR — Midtown Corridor APPENDIXA — SCOPE OF WOR Page 2 of 3 — Last Revised: 07.27.22 e. Explanation of discrepancies between the Engineer's estimate and bids, and f. Meet with the City to provide a formal written recommendation of award. 10. Attend City Council meeting(s) for the recommendation for award of Contract(s) for Construction. 11. c. PHASE 2 —Guaranteed Maximum Price and Construction Administration Phase i. Construction Administration Phase 1. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. 2. Attend Pre -Construction meeting and conduct regular update meetings as jointly determined by the Design Team and contracted construction companies. 3. Coordinate with Olsson and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. 4. The City of Fayetteville intends to provide regular construction administration services. Olsson will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. 5. Review site visit report from the Olsson, and City of Fayetteville staff team at least twice (2) per month. 6. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with Engineer to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. 7. The Design Team shall be notified to attend all on -site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. 8. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. City shall be responsible for material testing. ii. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. Olsson to issue Warranty Reports and review items after the CM has notified the City that these items are complete. 2. Provide support services as needed during the project close out process. 3. Provide close out submittal to Olsson for completeness before transmitting to the City which include but are not limited to: a. Contractor's red lines and as -built notes b. Provide as -Built record drawings noting any changes to the plans prepared by Olsson (in hard copy and digital format) c. Produce a project narrative that provides a comprehensive review of the construction activities for the project with a project narrative submitted for City approval at the completion of each contract phase. RFQ 22-07, CMAR — Midtown Corridor APPENDIXA — SCOPE OF WOR Page 3 of 3 — Last Revised: 07.27.22 RFQ 22-07, Appendix B - Fee Proposal CROSSLAND HEAVY CONTRACTORS 501 S. East Ave, P.O. Box 350 Columbus, KS 66725 Tel: 620.429.1410 Fax: 620.429.2977 July 26, 2022 Andrea Foren Purchasing Manager City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 RE: — Midtown Corridor RFQ 22-07 - CMAR Preconstruction Services Fee Proposal Ms. Foren, Crossland Heavy Contractors is pleased to present to you our Preconstruction phase services fee proposal for the above referenced project. - The Construction Manager's Fee for Preconstruction Phase Services shall be a not -to - exceed lump sum of $78,550.00. This includes an amount of $68,550.00 for the Phase 1 Services listed in Appendix A— Scope of Work along with an allowance of $10,000.00 for potholing with a Hydro —Excavator for up to 40 hours. - The Fee for Preconstruction phase services shall be invoiced as follows: ■ 50% upon completion of Phase 1.i - Construction Documents Phase ■ 50% upon completion of Phase 1.ii - Bid Phase - Personnel Billing Rates are as follows: i. Project Principal ii. Superintendent/Construction Manager iii. Design Manager iv. CM Project Manager V. Pre -Construction Manager vi. Lead Project Estimator vii. Procurement Manager viii. Safety Director ix. Assistant Superintendent X. Office Engineer A. Estimator xii. Field Engineer xiii. Admin xiv. Operated Hydro -Excavator $125.00/hr $120.00/hr $115.00/hr $110.00/hr $110.00/hr $90.00/hr $85.00/hr $85.00/hr $85.00/hr $75.00/hr $75.00/hr $75.00/hr $55.00/hr $250.00/hr (4-hour min.) - The Construction Manager's Fee for Phase 2 Guaranteed Maximum Price and Construction Administration Phase listed in Appendix A — Scope of Work is to be Page 1 of 2 RFQ 22-07, Appendix B - Fee Proposal determined upon issuance of change order for this phase of services. Please call or email with questions or concerns Respectfully, Ryan Adler Ryan Adler Director of Pre -Construction Services 479-721-5082 radler(cOeavycontractors.com Crossland Heavy Contractors Page 2 of 2 ►7 FAYETTE ILLE AR KA N SAS Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street RFQ 22-07, Construction Manager at Risk for Midtown Corridor DEADLINE: Tuesday, June 28, 2022 prior to 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Wednesday 6/8/22 at 2 PM — via Zoom DELIVERY LOCATION: Electronic via the City's Pre -Proposal Conference PURCHASING CONTACT: Andrea Foren, aforen@fayetteviIle-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 06/05/22, 06/06/22 & 06/07/22 Late qualifications will not be accepted. .( N .0 RFQ's shall be submitted in accordance with the att �11�ety ;o�TN tteville sja�sations and RFQ documents attached hereto. Each Proposer is required to f' I n��very bd slily all information requested; failure to do so may be used as basis of rejectio !� I `" The undersigned hereby offers to furnish & iv �►e artleNr service aellof ied, at the prices & terms stated herein, and in strict accordance with the specifications a gen I cc Pc,i submittin which are made a part of this offer. This offer is not subject to withdrawal unless upo mutual n agree n the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: Title: E-Mail: ` Phone: Business Address: City Signature: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 1 of 22 State: Date: Zip: City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 22-07, Construction Manager at Risk (CMAR) for Midtown Corridor The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the Midtown Corridor Project. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases to include the following: • Deane Street — Fire Department to Garland Ave. o Street widened from 2 to 3 lanes to include a nter turn lane o Connected Sidewalks on the south side from or r Road to Lynn's PI o A 12-foot wide trail on the north side 40 e U Agricultur • �iment Station o Enhanced trail crossingat Lynn's Pla� T�nect -u h Farm to Sycamore St. V" � g • Y • Sycamore Street from Garland Ave. to t a orbaerveenway &41* o Street widened from 2 to 3 AIW incIfT a Ohter t 0 12-foot wide shared use rail ou sid O o Sidewalks on the nort / _ • Poplar Street from Razorback GreedvN N 0 10-foot wide shared use pav trail V 0 10-foot wide shared use paved tra-4 644 Avenue OF side from Razorback Greenway to Gregg Ave south side of street from Yates Ave. to Woodland. ■ Pavement markings diki ting a on street bike route on Woodland Ave. that is shared with vehicles (no bike n or trail). ■ Enhanced crossi amore St to access Gregory Park Cj Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arkansas Procurement laws 2. Guaranteed maximum price construction 3. Estimating 4. Sub -contractor bidding 5. Project and change order pricing 6. Schedule control 7. Management of demolition and reconstruction 8. Cost reduction and control 9. Project coordination with the design engineer and the City of Fayetteville. 10. Project close out City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 2 of 22 11. Warranty To be considered, statements of qualification shall be received electronically through the City of Fayetteville, Purchasing Division's online bidding platform by Tuesday, June 28, 2022 before 2:00:00 PM, local time. A non -mandatory pre -proposal conference will be held on Wednesday, June 08, 2022 at 2:00 PM via Zoom. Meeting information can be found on the City's online bidding platform. The solicitation RFQ & addendums can be downloaded from the City's web site at http://favetteville- ar.gov/bids. All questions regarding the process should be directed to Andrea Foren at aforen@fayetteville- ar.gov Statements of qualification submitted shall be qualified o business and licensed in accordance with all applicable laws of the state and local governments where tto 16 ject is located. e`O Pursuant to Arkansas Code Annotated §22-9-203 "ty of Fa t ville urges all qualified small, minority and women business enterprises to bid on aeceiv `ortcts f �s, services, and construction. Also, City of Fayetteville encourages all gen ntr s tllsu rr portions of their contract to qualified small, minority and women business yr- ris The City of Fayetteville reserves the right to rejec In o II proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall�wi out liability on the part of the City of Fayetteville for any damage or claim brought by any Propos ruse of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayet it ruse of such rejections. The filing of any Proposal in response to this invitation shall constitute an agre ent of the Proposer to these conditions. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, NIGP-CPP, CPPO, CPPB Title: Purchasing Manager Ad dates: 06.05.2022, 06.06.2022, and 06.07.2022 City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 3 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor Table of Contents SECTION: Cover Page Advertisement SECTION A: General Terms & Conditions SECTION B: Vendor References SECTION C: Signature Submittal SECTION D: Project Summary and Scope of Work City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 4 of 22 PAGE NUMBER 01 02 05 12 13 16 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION A: General Terms & Conditions 1. SUBMISSION OF A STATEMENT OF QUALIFICATION SHALL INCLUDE: a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFQ in the most cost-effective manner. The term Proposer shall be in reference to a firm or individual responding to this solicitation. The term proposal is used in these documents as equal to statement of qualification. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFQ. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFQ. a. Electronic Submittal: Proposers are required to go to www.fayetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. Physical submittals are not allowed for this RFQ. i. SO(Xs shall be prepared simply and economically, providing a straightforward, concise description of its ability to meet the requirements r the project. Fancy bindings, colored displays, and promotional material are not requirelErrfhasis should be on ^Ieteness and clarity of content. All submittals shall be formate standard 8 %" x 11' cumentation. Exceptions would be schematics, exhibits, - res s, and City forms. Proposals shall be limited to twenty- five (25) pa less, u ng one am resumes, references, and forms required by the City fo etion. AN bposalS e uploaded in a PDF format to the City's electronic platform NO the s t AdeadIirW. b. Proposals will be reviewed followin ted a d ril ea s �he cover sheet of this document. Only the names of Proposer's will be av e th dea . e unti Fact has been awarded by the Fayetteville City Council. All interested parties uVe?Tt�n r do en ill not be available until after a valid contract has been executed and at that time oNy f tende le n. c. Proposers shall submit a statement o qualif" based on documentation published by the Fayetteville Purchasing Division. d. Proposals shall be uploaded as a singl` VBF document to the City of Fayetteville's online electronic bidding platform e. Proposals must follow the format a Ae Q. Proposers should structure their responses to follow the sequence of the RFQ, if provided. ci f. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. g. Proposer is advised that exceptions to any of the terms contained in this RFQ or the attached service agreement must be identified in its response to the RFQ. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. h. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline, per the online bidding platform being utilized by the City of Fayetteville Purchasing Division. Documents shall be received before the deadline. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 5 of 22 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e- mail to the Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFQ made or given prior to the award of the contract. 3. RIGHTS OF CITY OF FAYETTEVILLE IN THIS PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: 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 that 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. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for statements of qualification or resulting submittal. f. The City of Fayetteville reserves the right to request w necessary clarific$ti I�dditional information, or proposal data without changing the terms of the g. The City of Fayetteville reserves the right to ma e ectioni Prop�oi�eerform the services required on the basis of the original proposals without no ion. 4. EVALUATION CRITERIA: The evaluation criteria define the fa at e wed *t �ection committee to evaluate and score responsive, responsible and qualifi �sals o rs sha c de sufficient information to allow the selection committee to thoroughly evaluate al, score osa s. E roposal submitted shall be evaluated and ranked by a selection committee. The contract will be r to t o alified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparatior4 submission of proposals to the City, or any work performed in connection therewith, shall be borne solely t Proposer(s). No payment will be made for any responses received, or for any other effort required of, or na the Proposer(s) prior to contract commencement. 6. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 7. 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". The Proposer shall promptly notify Andrea Foren, City Purchasing Manager, 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 City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 6 of 22 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. 8. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn at anytime. LATE PROPOSAL OR MODIFICATIONS: a. Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Proposers should refer to their submission status in the online electronic bidding platform to ensure submission confirmation. 10. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Arkansas apply to any purchase made under this request for statements of qualification. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to su ontract portions of their contract to qualified small, minority and women business enterprises. 'Q� 11. COLLUSION: ' O The Proposer, by affixing his or her signature to this I, ag the folio 'i'�Proposer certifies that his proposal is made without previous understanding ment, or ectiorty person, firm or corporation making a proposal for the same item(s) and/or,-gfcc3s and s '1II respect a"'Without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT FOIA AND JURISDICIT ,, O a. The City of Fayetteville reserve ivil e�itin a `eM6r's records as such records relate to purchases between the City and said vendor. it b. Freedom of Information Act: City conlQs and d ents prepared while performing City contractual work are subject to the Arkansas Freedom of Informati f a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do eve hing possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas�rlpm of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant o tl�tee FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any i IN s all be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: 6 The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for statements of qualification apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 7 of 22 Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFQ. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFQ. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 17. CANCELLATION: 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. 1 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 ter * tion of the contract at the discretion of the City of Fayetteville. G In addition to all other legal remedies available to4h ity of Fa tteville, theVit�ves the right to cancel and obtain from another source, any items and/ors \? whic a not beered within the period of time from the date of order as determined by the C' ayette e. In the event sufficient budgeted funds a Aft, 11O such occurrence and contract shall t� expense to the City. ^ 18. ASSIGNMENT. SUBCONTRACTING The CMAR shall perform this contract. consent of the City. If a Proposer inX intent in the proposal submitted as a res I new fijc p d, the City shall notify the vendor of day o 9rrent fiscal period without penalty or qOOR MERGERS: yibcontracting shall be allowed without prior written portion of this work, the Proposer shall disclose such In the event of a corporate acquisition and/or Nrger, the CMAR shall provide written notice to the City within thirty (30) calendar days of Contractor's of such action or upon the occurrence of said action, whichever occurs first. The right to terminati contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instwhich a corporate acquisition and/or merger represent a conflict of interest or are contrary to anyocak.Vate, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assisubcontract in its response to the RFQ without exception shall constitute approval for purpose of this Agreement. 19. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFQ from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 8 of 22 21. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the Fayetteville City Council for approval and signature of the Mayor. 22. INTEGRITY OF STATEMENT OF QUALIFICATION (RFQ) DOCUMENTS: Proposers shall use the original RFQ form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFQ form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFQ documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFQ response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposer's RFQ response and presented in the form of an addendum to the original RFQ documents. 23. LOBBYING: Lobbying or communicating with selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bid der's/propose r's/protector'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 quA cation, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a da e ablished by the City yetteville and shall be prohibited until either an award is final or the protest is fi allolved by the City of y ville; provided, however, nothing herein shall prohibit a prospective/bidder r fro ontacting t hasing Division to address situations such as clarification and/or questions rel the ,,s�,�ent r For purposes of this provision lobbying activities or communication shall includ of be lim;N�to, infl or attempting to influence action or non -action in connection with any request posal{re t for a�u i i ion, bid or contract through direct or indirect oral or written communication or mpt t� btVn good persons and/or entities specified in this provision. Such actions may cause any r for asaeq t qualification, bid or contract to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of quali cati e or st 't sitting entity is not a debarred company with the federal, any state, or local government. 25. OTHER GENERAL CONDITIONS: a. Proposers shall provide the City with prgpge�s si ned by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cod o eparing and providing responses shall be borne by the Proposer. b. The City reserves the right to re \-NS7 additional information it deems necessary from any or all Proposers after the submission deadline. c. The request for statement of qua i ication 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 statements of qualification is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. 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 Andrea Foren immediately via e-mail at (aforen@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 9 of 22 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. No oral interpretation or clarifications will be given as to the meaning of any part of this request for statements of qualification. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. 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 RFQ. The RFQ 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 RFQ'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. k. 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. case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, th Ins um of assignments ntain a clause substan- tially to the effect that is agreed that the right of the ssi e in and to any mo�pi<N or to become due to the successful Proposer shall be subject to prior lien erso arms, and co�� ons for services rendered or materials supplied for the performance of the se r Iled f t "s con a& The successful Proposer's attention is direc thefactj all�appGi Federal and State laws, municipal ordinances, and the rules and regulationsI autM-tie ?-e avingi risdion over the services shall apply to the contract throughout, and they will be e ed to be i ingTMtract as though written out in full herein. The successful Proposer shall kee i s If/hOfrul in all laws, ordinances and regulations of the Federal, State, and municipal gAnts rities in a anner affecting those engaged or employed in providing these services or in an ay a g the co u of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or t over many discrepancy or inconsistency should be discovered in these Contract Documents or in the ecificapi herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewitAepo* e same in writing to City of Fayetteville. 26. INSURANCE: ` a. Any project selected under this RF require professional liability insurance in the amount of $5 million US ,A dollars, at minimum. Such Certiff surance shall list the City as an additional insured and not be required unless firm is awarded a contr ct.tificate of insurance shall be provided within 10 (ten) calendar days after contract award. The City reser e right to provide builder's risk insurance in the event it results in a cost savings to the overall project. i. Professional/Comprehensive General Liability Insurance: Minimum $5 million ii. Builder's Risk iii. Worker's Compensation: Statutory amount iv. General Automotive Insurance as required by state law 27. SELECTION CRITERIA: The evaluation criterion below defines the factors which will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. The evaluation factors are as follows: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 10 of 22 1. 30 Points — Specialized experience and technical competence of the firm with respect to the type of professional services required 2. 25 Points — Capacity and capability of the firm to perform the work in question including specialized services, within the time limitations fixed for the completion of the project 3. 25 Points — Past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules and deadlines 4. 20 Points — Firm's proximity to and familiarity with the area in which the project is located ****NOTE: Fees shall NOT be included with any statement of qualification. Price shall not be a considered a factor used to select a vendor. Price and fees will not be considered until the negotiating process and will be a factor in the award of any proposed contract. In the event the City is not able to negotiate a successful contract with the selected vendor, the City reserves the right to cease negotiations with such selected vendor and proceed on to the next selected vendor. G c� a,+ �C� r oQ� C3 City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 11 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: NUMBER OF YEARS IN BUSINESS: HOW LONG IN PRESENT LOCATION: TOTAL NUMBER OF CURRENT EMPLOYEES: NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT FULLTIME PART TIME FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1. 2. COMPANY NAME COMPANY NAME CITY, STATE, ZIP STATE, ZIP 'Q� CONTACT PERSON •` CONT ERSON • V O • �/ TELEPHONE L PHONE* FAX NUMBER FA 'r or E-MAILADDRESS - AIL ADDRESS 3. 4. COMPANY NAME COMPANY NAME .1C —✓ CITY, STATE, ZIP (�j` CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 12 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, 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): • I certify that; as an officer of this organization, or pert ' 1l�ked let ii o iz if authorizar� am duly authorized to certify the information provided herein is accurate and true; orga o% shall with all State and Federal Equal Opportunity and Non -Discrimination requirements diti sploym ' W 2. Additional Information v `� At the discretion of the City, one or more r q ay a ed for r tailed information before final ranking of the firms, which may also include oral int ANO :roposer submit to the City a primary contact name, e- mail address, and phone number (pref ably hone nu be where the City selection committee can call for clarification or interview via telephone. Name of Firm: 'qQ Lo Name of Primary Contact: Title of Primary Contact: C Phone#1 (cell preferred): E-Mail Address: Phone#2: 3. Please 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 RFQ 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 vendor to disqualification. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 13 of 22 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. 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. 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. 5. 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. 6. Pursuant to Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during anytime in w they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during c tra t the contractor decid&Sboycott Israel, the contractor must notify the contracted public entity in wriAg- 7.O�` SUB CONSULTANTS AND TEAM INFORMATION: /� O Proposer hereby certifies that proposals from the M%ing c uull a is we d . the preparation of this statement of qualification. Proposer shall attach additional Rwnece a is sec Ty applies if CMAR is proposing a sub consultant for estimating, scheduling, accou ayr d -co r ti n trade services. Type of Work: Subcontractor's Name: Arkansas License No: Address: G Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 14 of 22 NAME: COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID#: SAM UEI#: PHONE: FAX: E-MAIL: ARKANSAS CONTRACTOR'S LICENSE NO: ARKANSAS SECRETARY OF STATE FILING NO: Signed by : C) 'Q� SIGNATURE: • O PRINTED NAME : V` • TITLE: �, • G DATE: c0i ♦ CO Cj� City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 15 of 22 City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION D: PROJECT SUMMARY AND SCOPE OF WORK A). PROJECT SUMMARY I. The City of Fayetteville is accepting statements of qualifications from licensed professionals to provide construction management at risk (CMAR) services for the Midtown Corridor Project. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases to include the following: A. Package A: Deane Street — Fire Department to Garland Ave. 1. Street widened from 2 to 3 lanes to include a center turn lane 2. Connected Sidewalks on the south side from Porter Road to Lynn's Place 3. A 12-foot wide trail on the north side along the UofA Agricultural Experiment Station 4. Enhanced trail crossing at Lynn's Place, connecting through Tri-cycle Farm to Sycamore St. B. Package B: Svcamore Street from Garland Ave. to thc)orback Greenwa l 1. Street widened from 2 to 3 lanes to i 2. 12-foot wide shared use paved trA 3. Sidewalks on the north side C. Package C: POolar Street fror�Ra alk G �O a ce 6rn la e out i� to P(.^Mland Avenue 1. 10-foot wide shared A paveed"i t7e- no de7rom Razorback Greenway to Gregg Ave 2. 10-foot wide shared use pa6ed'trai on side of street from Yates Ave. to Woodland 3. Pavement markings designating a e bike route on Woodland Ave. that is shared with vehicles (no bike lanes or trail) 4. Enhanced crossing of Sycamo �Vllo access Gregory Park II. Olsson, Inc. is serving as th a sign professional for this project. III. ProjectProlect funding: The total project funding is to be provided by the City of Fayetteville and other funding sources. B). PROJECT INFORMATION & REQUIREMENTS I. Request for Qualifications (RFQ) responses shall be submitted from one single primary construction manager firm with each additional contracted third party as a subcontractor to the primary. The primary firm in addition to any contracted third party shall be disclosed with the RFQ response and be considered the project team for the overall construction scope of the project. This requirement to provide sub - consultant professionals does not include subcontractor trades for the actual construction items (Electrical, Masonry etc.) as those items will be bid after contract award. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 16 of 22 I. Responses shall not include price or hourly rates, or any pricing structure. Pricing shall be negotiated with the top ranked selected firm only and is not considered part of this selection. The City intends to negotiate each phase as a not to exceed fee with the selected firm. II. It is the intent of this solicitation to enter into a mutually beneficial agreement indicated by the draft provided with this RFQ. III.The Primary responding firm shall be experienced in constructing a wide variety of streetscape elements such as; street reconstruction, shared -use paved trails, sidewalks, stormwater infrastructure, lighting, signalization, landscaping, irrigation and specific pavement materials. Respondents to this RFQ shall submit at least three (3) similar type projects within the past 10 years that demonstrates successful street projects. Q. SCOPE OF WORK I. Overview: Anticipated phases are identified below with associated scope of work. Scope of work is not limited to any additional industry standard scope of work necessary to complete each phase. Selected Primary firm shall coordinate with the design team composed of Olsson Inc. and the City of Fayetteville in order to achieve best value for the overall success of the project, including working to achieve maximum cost savings. Coordination wicsign team is critical foI phases. II. PHASE 1: Design Development and Constructipr wings m the cur • s to final plans a. Construction Documents Phase �J" O • i. Review Construction ( 'iments r�s and, �fications. Olsson will submit construction docum its to t�A�sign t and the Construction Manager, and electronic versio ec y, F6r r 'ems!' st analysis and approval. (100% plan review). ii. Attend follow t meeti it th n team. iii. Provide guidance t to f' dent solutions to the plans to reflect issues noted the design team, inclu ' e of ecessary redesign prompted from the permit process. iv. Construction Documents/specifications and Project Drawings shall be routed through the City of Fayevilllfor required approvals. v. Assist Olsson in respoi g�n writing to all Design Team comments on plans. vi. Assist Olsson and. y with the bid form and identify all separate trade packages. vii. Facilitate wit nd the Design Team in conducting cost -benefit analyses to understand cd1 *ction costs, life -cycle cost impacts and long-term maintenance costs. viii. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. b. Bid Phase i. Coordinate with City Purchasing Division to ensure all procedures followed for this phase meet state laws and City of Fayetteville Purchasing Policies. ii. Provide services for reproduction and dissemination of bid sets (project manual and stamped drawings) to the City Design Team [PM (1), Purchasing (1) and interested bidders]. Documents should be made available to any interested party electronically at no cost. iii. Provide distribution of plans to all interested parties. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 17 of 22 1. Maintain open communication with the City of Fayetteville Purchasing Division throughout the bidding process. 2. Distribution of all documents shall be done in a fair and unbiased manner while keeping all interested parties on equal terms. 3. Document and keep an updated accurate record of plan holder's and provide updated listings to all interested parties in a timely manner. 4. Answers to questions and inquiries shall be made in the form of an addendum and shall be provided to all interested parties at the same time. iv. Coordinate with City Purchasing Division during pre -bid meeting, facilitate and attend the Bid Opening. v. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). vi. Any addenda shall be provided to the Purchasing Division for review and approval in advance of issuance. Bidders, interested parties, and plan holders shall receive all information included in addenda at the time addenda is issued. vii. In the event the CMAR desires to self -perform a portion of the work or a trade package, the CMAR shall submit a bid package in the same time and manner as other interested parties. viii. Assist with the design of all Bid Prop s� ix. Review Olsson's Recommendation o rd Letter that incl t e following required content (and assist with): , •`` 1. Check for math errors �+ont',Aamathe &$discrepancies, 2. Review for unbalan ISi�Yitems, • 3. Coordinate with i y Pu fh ssrg DivigsiQ in��Finalizing a Certified Bid Tabulation including En esti a , V ��/ 4. Review of ctor' ar�fal s `d references provided, 5. Expla dis ar s be the Engineer's estimate and bids, and 6. Meet h the o provi ormal written recommendation of award. x. Attend City Councig(s o recommendation for award of Contract(s) for Construction. `� III. Phase 2 Guaranteed Maximum Price an,�I.Con truction Administration Phase ♦ %V a. Construction AdminZo se i. Put forth dilically responsible efforts to ensure the project will be completed on time and et. ii. AttendPre-Construction meeting and conduct regular update meetings as jointly determined by the Design Team and contracted construction companies. iii. Coordinate with Olsson and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. iv. The City of Fayetteville intends to provide regular construction administration services. Olsson will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. v. Review site visit report from the Olsson, and City of Fayetteville staff team at least twice (2) per month. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 18 of 22 vi. Coordinate with the Design Team to conduct Substantial Completion Inspection, coordinate with architect to create punch list, substantiate that items noted are completed, and issue Substantial Completion Certificate. vii. The Design Team shall be notified to attend all on -site meetings, review and approve all pay requests, and change order review prior to Mayor's approval. viii. Coordinate with the design team to create plans for closure and detour of both pedestrian and street zones based on construction phasing. b. Project Close Out i. Provide Warranty Services during the entire Warranty Period. Olsson to issue Warranty Reports and review items after the CM has notified the City that these items are complete. ii. Provide support services as needed during the project close out process. iii. Provide close out submittal to Olsson for completeness before transmitting to the City which include but are not limited to: 1. Contractor's red lines and as -built notes 2. Provide as -Built record drawings noting any changes to the plans prepared by Olsson (in hard copy and digital format) 3. Produce a project narrativymjt provides a compr ensive review of the construction activities for the ect with a project t ve submitted for City approval at the complet 04Leach tract phasa+` '�\,, D . PROFESSIONAL SERVICES AND ADDITIONAL R MENTK� • �� 1. Professional Services: NA a. Any entity respondi iA RF s II e c licensed contractor with the State of Arkansas Contractor' n Fail re t Id a current contractor's license shall result in submittal rejection. II su actors n t roject shall be properly licensed by the State of Arkansas Contractor's Licen ' and b. Any industry standard cost share ngs incentive practices desired for discussion during contract negotiations should be osed with RFQ response. Cost sharing practice shall be presented in the format of aI A0al best practices approach and contract terms and shall not include pricing related figSLs Pricing and fees are not part of the selection criteria and shall not be include with RFQ sybnlwt. c. The resulting contrg%Af this solicitation shall be a Guaranteed Maximum Price (GMP) construction contract; however, price itself shall not be considered until a firm has been selected based on qualifications. Price will be negotiated with the most qualified firm, as evaluated and voted on by the selection committee. d. Estimating e. Performance and payment bonding. After a contract has been awarded to the selected construction manager (CM) and within ten (10) calendar days of the final construction contract being finalized, provide a 100% separate performance and payment bond to the City of Fayetteville after being file marked at the Washington County Circuit Clerk's Office. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 19 of 22 f. Construction contracts for the project shall not be entered into without a 100% payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised. Bonds shall be valid and exchanged between all parties. The CMAR shall hold all trade contracts and purchase orders and shall bond and guarantee the project. g. After contract award, the awarded CM shall furnish a certificate of insurance showing that insurance policies are carried in amounts acceptable to the City. Forms of insurance shall be, Comprehensive General Liability, Builder's Risk, Property Damage Insurance, Worker's Compensation, and Automobile coverage. Such insurance shall be kept in full force and in effect until all work has been satisfactorily completed and accepted. All certificates of insurance shall list the City of Fayetteville as an additional insured. h. Ensure all funds spent are in accordance with State of Arkansas procurement laws, including but not limited to • Ensuring CMAR maintaining a proper license with the Arkansas Contractors Licensing Board • Ensuring all subcontractors on the project are properly licensed by the Arkansas Contractors Licensing Board • Compliance with Arkansas state la(cluding but not lim' sections: o A.C.A. § 14-58-10 �`+ o A.C.A. § 19-11- • O o A.C.A. § 17- ' G` o A.C.A. -10 O o A. -3 o A.C. . § - 3 1 o A.C.A. § 12 0-10 o A.C.A. § 22-9-101 o A.C.A. § 22N9-CO o A.C.A! 104 o A. A. 2-9-213 o A.C.A. § 22-9-401 o A.C.A. § 22-9-501 o A.C.A. § 22-9-601 o A.C.A. § 22-9-701 o And all competitive bidding statutes shall remain in full force and effect and not be affected hereby o This project shall not authorize a design -build project contract or sub- contracts City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 20 of 22 i. Project and change order pricing j. Schedule control k. Cost reduction and control I. Project coordination m. Project close out n. Warranty 2. Submittal Requirements: The RFQ submittal should contain the following response items arranged in order, tabbed, and with a table of contents. In order to issue a uniform review process and to obtain the maximum degree of comparability, it is required that the submittal be organized in the manner specified. a. Title Page: Show the name of agency/firm, address, and telephone number, name of contact person, date, and subject: RFQ 22-07. b. Table of Contents: Include a clear identification of the material by section and by page number. c. Letter of Interest: Name, address, brief history of firm and Submitter's interest in the proposed project. Briefly state the agency/firm understands the work to be done and makes a positive commitment to perform the work. Give th me of the person(s) who will be authorized to make representation for the Submitter, thei(titalris,addresses and tele"e numbers. Describe the perceived strengths to carry out the Ject. ••`O d. Project Team Organization: Provide •I aniz n chart irolhOng the relationship between the Submitter's staff members w res o ities r o this project. Indicate on the chart the names of key pers and h it titles.* u it professional qualifications and resumes of staff to be assi o this pr ' t, sho where they have performed work on similar projects includin uct' afflge P projects. e. Specialized and Past i nc e i rm n gp regarding past experience in relation the g services requested in t is R i udin i for tion pertaining to customer satisfaction, timely completion, and meeting b e on rojects executed under a GMP contracting format. Actual price and fees shall not e i e in submittal. f. Schedule: Submitter shall provi- a eneral schedule for the completion of the scope of the specified project. g. Additional Background:* emitters are invited to include a maximum of two pages of information not inclu ed I ove which may be useful and applicable to this project. 3. Items to Specifically Include with esponse: Responses shall include the following in addition to other requirements specified. a. Prior experience constructing streetscape and similar project types. b. Statement regarding understanding of pre -construction services and approach to billing for pre - construction services. Included as part of this statement should include a clear definition of understanding for what a Guaranteed Maximum Price (GMP) means. c. Records of management teams on similar projects with timely completion, and high -quality workmanship. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 21 of 22 d. Records of previous similar projects with owner verification and contact information. Please provide contact information including reference contacts of the owner and architect on at least 3 projects. These projects should be within the past five years. e. Current and projected workload f. Current maximum bonding capacity and rate g. Proof of licensure from the State of Arkansas Contractor's Licensing Board E). ANTICIPATED PROJECT TIMELINE: Date Time Description Monday 6/5/22, 6/6/22, and 6/7/22 N/A Advertisement for RFQ in local newspaper, 3 consecutive days Wednesday, June 08, 2022 2:00 PM Pre -Proposal Conference —open to all interested parties Tuesday, June 28, 2022 2:00 PM Deadline to submit a Statement of Qualification — electronic only TBD TBD Selection Committee Meeting — short list firms TBD TBD Interviews with short listed firms All interested parties are advised, per City Policy, that all contact between interestedi�ahies and the City shall be through the City of Fayetteville Purchasing Divisio restgd�arties are &NONy forbidden to discuss this project with any City Staff member or Elected Offici O �� O 000p 'Q O P O- .CO G♦ City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 22 of 22 RFQ22-07, Addendum 1(File 02) Date: Wednesday, June 22, 2022 To: All Prospective Vendors From: Andrea Foren — 479.575.8289 — aforen@favetteviIle-ar.gov RE: RFQ 22-07, CMAR — Midtown Corridor CITY OF FAYETTEVILLE . ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Bidders should indicate their receipt of same in the appropriate blank of the Signature Submittal Form. 1. Is there currently an estimated timeline for mobilization or completion? a. The timeline will be developed and coordinated after the CMAR is selected and has completed phase 1 for design review services. b. City anticipates the work being phased; howev e final timelineoi �Ginalized later with coordination with the selected CMAR, desi earn. �§ " 2. Is there current) an estimated value for w �pn th i n Cora Y dr a. The overall and final not to exce for s r tion �' eveloped by the selected CMAR; however, the City estimates roject to b' the r $7-8 million for all 3 scopes of work. 3. The plans for the Midtown Co o o' cJS% and are included with this addendum via File p �p &ill 03 —Project Drawings, 95% complet pla finalized after consulting with the selected CMAR. a. This file is available in the City's onlirl ing portal under RFQ 22-07. 4. Interested parties are reminded not tole pricing with RFQ response, including percentage fees, hourly rates, etc. G� City of Fayetteville, AR RFQ 22-07, Addendum 1 Page111 Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal CITY OF V FAYETTEVILLE ARKANSA RFQ 22-07 Addendum 1 Crossland Heavy Contractors, Inc. Supplier Response Event Information Number: RFQ 22-07 Addendum 1 Title: RFQ 22-07, CMAR for Midtown Corridor Type: Request for Qualifications Issue Date: 6/5/2022 Deadline: 6/28/2022 02:00 PM (CT) Notes: The City of Fayetteville is accepting statements of qualifications from construction management firms properly licensed to provide, construction management / general contractor (CM/GC) services as a construction management at risk (CMAR) / guaranteed maximum (GMP) project for the Midtown Corridor Project. The project includes storm drainage, trail, sidewalks, enhanced crosswalks, turn lanes, new traffic signals, street lighting and landscaping. The project will include up to three separate phases. Contact Information Contact: Andrea Foren Purchasing Manager Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Phone: 479 (575) 8289 Email: aforen@fayetteville-ar.gov Page 1 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 22-07 Addendum I RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal Crossland Heavy Contractors, Inc. Information Contact: Kaylee Mann Address: 501 S. East Ave Columbus, KS 66725 Phone: (620) 429-1410 Email: kmann@heavycontractors.com By submitting your response, you certify that you are authorized to represent and bind your company. Dan Thompson Signature Submitted at 612812022 01:01:47 PM (CT) Requested Attachments dthompson@heavycontractors.com Email RFQ 22-07, Response Submittal Crossland Heavy_MidtownCorridor RFQ 22-07.pdf Please upload your completed response, including all required forms. Page 2 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 22-07 Addendum I RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal PREPARED FOR: City of Fayetteville, Arkansas Purchasing Division, Room 306 113 W Mountain Street, Fayetteville, AR 72701 i RFQ 22-07 Construction Management at Risk i Midtown Corridor PREPARED BY: Crossland Heavy Contractors Dan Thompson 705 S Lincoln Lowell, AR 72745 t. 479-347-7960 RFQ 22-01, Appendix D - Crosslan Q Submittal 01 pg 3 n Letter of Interest 02pg 4 Project Team Organization 03pgii Specialized + Past Experience 04 pg 17 Schedule 05pg 19 Additional Background 06pg 21 Supplementary Items 07pg 28 Required Documentation x 1 \,. IWM J RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 01 - Letter of Interest June 28, 2022 City of Fayetteville, AR Purchasing Division, Room 306 113 W Mountain Street Fayetteville, AR 72701 RE: RFQ 22-07 Construction Manager at Risk for Midtown Corridor Great streets are walkable, accessible, interesting, comfortable, safe, and memorable. More than anything else, streets define a community's character. Poplar, Sycamore, and Deane are all essential to the function of midtown Fayetteville and essential to the atmosphere of the community. As Community Builders, it is our mission to help our communities to grow, improve, and prepare for all that the future may bring. Our people have been rooted in Northwest Arkansas for 25 years and have loved seeing all the growth that has come to our region. Part of the pride we take in our Northwest Arkansas Community has come from our work — we have built the parks our families play in, constructed the water treatment plants that supply our homes, widened the roads which improve our commutes, laid miles of trails that we walk and bike, and developed beautiful streetscapes which enhance our Friday nights on the town. We love Northwest Arkansas, and we eagerly anticipate every opportunity to help our community grow and thrive. Our story began performing hard -bid work, and we continue to perform and win more and more hard -bid projects every year. We've developed relationships with countless subcontractors and suppliers through the years which has enabled us to stay competitive in a market which seems to grow daily. As the procurement laws changed, we also grew our Collaborative Delivery capabilities. We have guided several Northwest Arkansas communities through their first CMAR and Design Build projects and have since received more opportunities to work with these clients on additional collaborative jobs. To us, each client is our partner. We focus on establishing trust through a completely open and honest policy and a client -first mentality. We work for your community, and we work for your bottom line. Throughout our submission you will find highlights of our experience, our team, and our intentions for your project. As an experienced heavy civil contractor, we understand the resources, expertise, safety precautions, and manpower required for your project. Our hand -selected team members will be acutely focused on cost control, quality workmanship, coordination with University events, collaboration amongst the project team, and fast -track scheduling throughout the course of your project, starting with an effective Pre -Construction phase. We understand the market, we understand the needs of your community, and we are the team you can trust to bring this project to reach its highest potential. Our team's commitment, experience, and values will ensure that your project runs smoothly and is successful. Our client -first approach means we are here for you, and we will do whatever it takes to help you succeed. Respectfully, Dan Thompson Vice President/Arkansas Division Manager dthompson@heavycontractors.com Crossland Heavy Contractors 1 3 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization Org Chart + Resumes PROJECT EXECUTIVE Dan Thompson ,elt Crossland Heavy Contractors 1 4 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization DAN THOMPSON Project Executive CONTACT 0 dthompson@heavycontractors.com 0 479-366-1637 YEARS OF EXPERIENCE 27 Years EDUCATION Bachelor of Science Construction Engineering & Technology Pittsburg State University CERTIFICATIONS OSHA 10 Hour Smith Driving Certified INDUSTRIAL + CIVIC INVOLVEMENT Springdale Rotary Club As Vice President of the Company and Manager of the Arkansas Division, Dan Thompson is responsible for supervising all management personnel based and operating within the Arkansas Division. He directly oversees all projects in his region, providing input and executive authorization. Dan is an extremely active and involved Project Executive and will offer guidance and direction throughout the life of your project. During the Pre -Construction Phase, Dan will oversee your project's budget and schedule creation. During the Construction Phase, he will observe your project's production rates and progression, offering input and guidance as necessary to help your project reach a timely and cost-efficient completion. A known problem solver, Dan maintains a keen focus on your project's schedule and budget. Dan Thompson will serve as your primary contact for this submission. PROJECT EXPERIENCE partial list ■ Decatur MBR Expansion, Decatur, AR, $9.31M (Design -Build) ■ Davidson WWTP, Hot Springs, AR, $4.5M (Design -Build) ■ Maple & Lafayette Bridge Rehab, Fayetteville, AR, $1.7M ■ Rogers Handling Facility, Rogers, AR, $8M (CMAR) ■ Tyson Green Forest WWTP, Green Forest, AR $3.3M (Design -Build) ■ Gene George Boulevard Improvements, Springdale, AR, $5.1 M ■ Bellview Road North, Rogers, AR, $11.51M ■ North Rupple Road, Fayetteville, AR, $5.5M ■ Monte Ne Road Realignment, Rogers, AR, $9.31M ■ Middle Fork White River Bridge, Fayetteville, AR, $8M ■ Kessler Mountain Regional Park Phase 2, Fayetteville, AR, $6.4M ■ Razorback Greenway Improvements, Bentonville, AR, $369K Crossland Heavy Contractors 1 5 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization RYAN ADLER, DBIA Preconstruction Lead Ryan will serve as Preconstruction Lead for this project. Ryan will engage with the project team to champion the Pre -Construction effort and will assist the project team in budget and schedule development, value analysis, and overall management. Ryan has cutting -edge knowledge regarding the development and implementation of best practices for collaborative delivery projects, including Construction Manager at Risk and Design -Build. Ryan brings over 14 years of experience in the Construction Industry and will contribute greatly to the collaborative efforts required to make this project a success. Ryan has recently completed an $8M CMAR project at the Rogers Pollution Control Facility in Rogers, Arkansas, and a $9M+ Progressive Design -Build Project at the Decatur MBR Expansion Project in Decatur, Arkansas. Ryan led an outstanding collaborative effort on these projects to bring them to a timely completion within budget. CONTACT Ryan is actively involved in the Water Design Build Council, and is the past President of the Ozarks Chapter of the Design Build Institute radler@heavycontractors.com 0 of America. Ryan's vast project experience and his knowledge gained 479-721-5082 O through his active involvement in these two organizations will bring a wealth of value to this City of Fayetteville Midtown CMAR project. YEARS OF EXPERIENCE PROJECT EXPERIENCE partial list 14Years ■ Rogers Water Utilities Train 2 Basin Rehab, Rogers, AR, $2M EDUCATION (Progressive Design -Build) Bachelor of Science ■ WOKA Whitewater Park, Watts, OK, $30M (CMAR) Construction Engineering & Technology Pittsburg State University ■ Rogers Solids Handling Facility, Rogers, AR, $7.8M (CMAR) ■ Monte Ne Road Realignment, Rogers, AR, $9.3M CERTIFICATIONS ■ Decatur MBR Expansion, Decatur, AR, $9.6M (Design -Build) DBIA Professional OSHA 30 Hour ■ Davidson Wastewater Treatment Plant, Hot Springs, AR, $9M Associate Constructor (AC) ■ Tyson Green Forest WWTP, Green Forest, AR $3.3M (Design -Build) Trenching/Excavation Training ■ Broken Arrow Water Supply Improv, Broken Arrow, OK, $57M Rigging & Signaling Certified ACI Concrete Field Testing Tech Grade 1 HAZCOM-GHS Training General Fall Protection Training INDUSTRIAL + CIVIC INVOLVEMENT Riverton Youth Sports WDBC Advisor Member DBIA Member Crossland Heavy Contractors 1 6 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization BILL HAGENBURGER, PE Engineering Lead CONTACT 0 bhagenburger@heavycontractors.com 0 479-903-0532 YEARS OF EXPERIENCE 31 Years EDUCATION Master of Science Civil Engineering Virginia Polytechnic Institute and State University Bachelor of Science Civil Engineering Villanova University AFFILIATIONS Trustee, American Water Works Association (AWWA) Engineering and Construction Division 2017-2020 Member, AWWA Standards Committee on Concrete Pressure Pipe Member, American Water Works Association Past Chair Southwest Section AWWA Water Environment Federation Springdale Rotary Club For this project Bill will provide Engineering support and coordination for the project team. He has over 31 years' experience in the design, construction, startup and operations of water and wastewater treatment facilities. He started his career working for an Environmental Engineering Firm where he conducted master planning, preliminary design, detailed design, and construction management. He then spent the next 20 years working for Beaver Water District as the Plant Engineer and then COO. He provided engineering support to the Operations, Maintenance, Electrical, and Instrumentation departments along with managing the District's pilot facility. He also managed the construction of over $110 million dollars of the District's expansion and improvement projects. Bill's engineering, construction and Owner experience will provide valuable insight to the project team to ensure an efficient design, and construction process. He will consistently communicate with the project team to ensure the design and construction are completed in a way that will provide the best possible product to you, the owner. PROJECT EXPERIENCE partial list ■ Joe M Steele Water Treatment Plant, Lowell, AR, $26.2M ■ Beaver Water Surge Tank, Lowell, AR, $264K ■ BWD Filter -to -Waste and Solids Processing Improvements, Lowell, AR, $4.5M (CMAR) ■ Master Planning Study for the Joe M Steele and Hardy Croxton WTPs, Lowell, AR ■ Mohawk Water Treatment Plant, Tulsa, Oklahoma, $47.8M ■ Jack H. Wilson and Ozark Point WTPs Improvements, Little Rock, AR ■ Steele/Croxton Water Treatment Plants Phase 1A Improvements, Lowell, AR ■ Headworks Facility for the South County Regional WTP Expansion, Hillsborough County, Florida Tri-County Ozone Project, NJ ■ St. Vrain Supply Canal and Carter Lake Outlet Works Diversion Structure, Northern CO ■ Hardy Croxton Water Treatment Plant, Lowell, AR ■ City of Roseville Wastewater Treatment Plant Expansion ■ Charlotte County Utility Acquisition, Charlotte County, FL Crossland Heavy Contractors 1 7 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization COLE RINK Lead Estimator CONTACT 0 crink@heavycontractors.com 0 620-202-0264 YEARS OF EXPERIENCE 17 Years EDUCATION Bachelor of Science Technology Construction Management Pittsburg State University CERTIFICATIONS OSHA 30 Hour Smith Driving Certification As your Lead Estimator, Cole Rink will accurately analyze your project's scope. He'll craft effective bid packages that descriptively communicate and cover all scopes of work. He makes sure subs are comfortable with what they are bidding by offering clarifications, communicating addenda, or, if necessary, additional transmittals. He will take local and regional sub and supplier markets into consideration when advertising. On bid day, he will gather and analyze all bids to make sure they are complete. Then, Cole and the rest of the preconstruction team will make their recommendations to you on which subs and suppliers bring maximum value. PROJECT EXPERIENCE partial list ■ Gene George Boulevard Improvements, Springdale, AR, $5.1 M ■ Bellview Road North, Rogers, AR, $11.5M ■ North Rupple Road, Fayetteville, AR, $5.5M ■ Maple & Lafayette Bridge Rehab, Fayetteville, AR, $1.7M ■ Monte Ne Road Realignment, Rogers,AR, $9.3M ■ Emma Avenue Streetscape Improvements, Springdale, AR, $1.2M ■ 61st + Memorial Arterial Street, Tulsa, OK, $6.7M ■ MoDOT 554 Statewide Safe & Sound Bridge, $500M+ ■ Hwy 264 Interchange, Lowell, AR, $6.1 M ■ Fort Smith Interstate 540 Project, Fort Smith, AR, $78M ■ Middle Fork White River Bridge, Fayetteville, AR, $8M ■ War Eagle Bridge, Rogers, AR, $1.4M ■ Kessler Mountain Regional Park Phase 2, Fayetteville, AR, $6.4M ■ Razorback Greenway Improvements, Bentonville, AR, $369K ■ Rogersville Freeway, Rogersville, MO, $25M (Design -Build) ■ Manchester Parkway/Bridge, Kansas City, MO, $60M (Design -Build) ■ Lake Sequoyah Twin Bridges, Fayetteville, AR Crossland Heavy Contractors 1 8 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization I JASON NECESSARY Project Manager CONTACT 0 jnecessary@heavycontractors.com 0 479-282-6570 YEARS OF EXPERIENCE 12 Years EDUCATION Bachelor of Science Organizational Management John Brown University CERTIFICATIONS OSHA 10 Hour Smith Driving Certification As Project Manager, Jason will be responsible for the overall planning and administrative management of your project. During the Pre -Construction Phase, Jason will be an active participant in subcontractor bidding and bid analysis, as well as the development of your project's budget and schedule. Throughout the course of your project, Jason will manage all cost accounting and contract administration activities. Jason will also serve as your project's document control manager, maintaining a descriptive project log and database that archives all associated documents associated with your project. Jason is an excellent communicator and will be in constant contact with Crossland's Superintendent. He will work alongside the Superintendent to ensure all productivity standards are being met and communicate progress to all project stakeholders. Jason will also be a valuable asset and communicator to both Owners and Designers, both of whom he will dialogue with on a weekly basis. Jason will also be responsible for conducting bi-monthly Owner, Engineer and Contractor Progress Meetings so all parties are fully apprised of your project's standing. PROJECT EXPERIENCE partial list ■ North Rupple Road + Bridge, Fayetteville, AR, $5.5M ■ Centennial Park Improvements, Fayetteville, AR, $3.1 M ■ Sain Street Extension, Fayetteville, AR, $4.4M ■ ARDot 012007 Randall Wobbe Ln Utilities, Springdale, AR, $0.8M ■ 1st Street Water Sewer Improvements, Rogers, AR, $1.4M* ■ Branchwood Park Trail, Bella Vista, AR, $0.85M* ■ Tyson Plant Earthwork + Utilities, Humboldt, TN, $9.9M ■ Fitness One Site Package, Fayetteville, AR, $0.8M* • Washington Regional Medical Offices Site Package, Fayetteville, AR, $0.75M* ■ Fellowship Bible Site Package, Fayetteville, AR, $0.65M* ■ Morningside Subdivision Ph II Utilities & Storm Drain, $0.3M* *previous employer experience Crossland Heavy Contractors 1 9 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 02 - Project Team Organization WILL ROSTECK Superintendent CONTACT 0 wrosteck@crossland.com 0 479-841-3544 YEARS OF EXPERIENCE 7 Years EDUCATION Bachelors of Science Technology Construction Management Pittsburg State University CERTIFICATIONS OSHA 30 Hour ATSSA Certified BNSF Walmart SWPPP Certification Certified Forklift Operator CPR/First Aid Certified As the Project Superintendent, Will will serve as a vested field manager, equipped with the skills and authority to advise and task subcontractors and tradespersons with confidence. Will will drive the schedule and overall quality of your project as it progresses through the construction phase. He will communicate daily with subcontractors, suppliers, and Crossland Heavy's self - performing teams so your project maintains optimum efficiency. Each week he will develop and implement detailed production schedules and hold safety and pre -task planning meetings with site personnel. He will also communicate with Crossland Heavy's Project Manager daily and participate in project team meetings with the Owner and Engineer. Production schedules, quality control, and safety are some of Will's primary responsibilities. Will is committed to creating a safe work environment by developing a culture of safety on site and holding each individual accountable for safe behavior. PROJECT EXPERIENCE partial list ■ Hwy 62/102 Improvements + 8th Street Widening, Bentonville, AR, $28.8M ■ Hwy 45/Old Wire Road, Fayetteville, AR, $1.2M ■ 56th Street Improvements, Springdale, AR, $3M ■ Fulbright Ramp N Shiloah Drive, Fayetteville, AR, $1.7M ■ Fayetteville Regional Park Phase I, Fayetteville, AR, $9.5M ■ Crossmar Industrial #4, Bentonville, AR, $6.7M ■ Crossmar Industrial Park Building #6, Bentonville, AR, $7M ■ Hog Wild, Bentonville, AR, $5.7M ■ Hog Wild II Office Infill, Bentonville, AR, $6M Crossland Heavy Contractors I 10 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience WOKA WHITE WATER PARK O PROJECT LOCATION ENGINEER Watts, Oklahoma Merrick Dan Shea 303-800-9066 L�CLIENT J Grand River Dam Authority Holly Moore DELIVERY METHOD 918-610-9707 CMAR © CONTRACT AMOUNT $30,000,000 Collaborating to construct a state-of-the-art park for NWA Crossland Heavy constructed the WOKA Whitewater Park in the Illinois River around the existing Lake Frances Dam. The project consisted of an approximately 1200-foot long whitewater recreation course, a new potable water line, wastewater lift station and pipeline, automated park entrance with payment kiosk, improved and new access roads, parking lot with lighting, changing/restroom building, a harvested rock berm along existing bedrock, dam hazard mitigation structure, and offsite wetland mitigation. The CMAR delivery method allowed the project team to work together collaboratively and to develop the best solutions to mitigate the hazards that come with working in a river. It also allowed for the team to develop value engineering ideas to ensure the project would fit into the owner's budget without sacrificing functionality. Crossland Heavy Contractors I 11 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience 1 ST STREET WATER SEWER IMPROVEMENTS 0 PROJECT LOCATION ENGINEER Rogers, AR CEI Engineering Associates Brent Massey r 1 CLIENT 479-273-9472 City of Rogers Lance Jobe CONTRACT 479-621-1140 COMPLETION DATE 9/22/20 © CONTRACT AMOUNT ACTUAL COMPLETION $1,361,000 DATE 8/21/20 Revitalizing downtown Rogers one street at a time The City of Rogers embarked on a series of projects to revitalize their downtown. These projects included improvements to pedestrian safety and accessibility, utility piping replacements, beautification of the streets, and traffic flow improvements. Crossland Heavy Contractors worked as a subcontractor on this project to complete the utility and sidewalk scopes of work. Altogether we replaced about 1,100 LF of 8" water main and extended the sewer main by 150 LF. We poured new curb and sidewalk, creating a beautiful, safe path for pedestrians enjoying all downtown Rogers has to offer. Crossland Heavy worked on a tight timeline and maintained constant communication with the contractor to keep downtown businesses operational and open to the public. Crossland Heavy Contractors 1 12 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience S ARKANSAS STREET GATEWAY 0 PROJECT LOCATION ENGINEER Rogers, AR CEI Engineering Associates Brent Massey r 1 CLIENT 479-273-9472 City of Rogers Lance Jobe CONTRACT 479-621-1140 COMPLETION DATE 10/31 /22 © CONTRACT AMOUNT ACTUAL COMPLETION $9,650,000 DATE On track Helping the City of Rogers to bring more pedestrians and fewer vehicles to their beautiful downtown The City of Rogers started this project as a part of their downtown revitalization effort with the goal of increasing pedestrian traffic and decreasing vehicle traffic. The South Arkansas Street Gateway project included 2,400 linear feet (LF) of street reconstruction including multi -use trail, 3,480 LF of cross street work, 4,950 LF of waterline, 3,045 LF of sanitary sewer, and storm drainage system. The project included both functional and aesthetic improvements to serve the local businesses, pedestrians, and bikers. Crossland Heavy ensured local businesses could remain operable throughout the construction process. We also put many safety measures into place that would not only keep traffic flowing, but would also keep both workers and residents safe. Overall the improvements have made this area of downtown Rogers a peaceful, beautiful, and safe area to walk, bike, and conduct business. Crossland Heavy Contractors 1 13 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience 14 BELLVIEW ROAD NORTH 0 PROJECT LOCATION ENGINEER Rogers, AR McClelland Consulting Engineers 479-443-2377 L�CLIENT J City of Rogers CONTRACT Lance Jobe COMPLETION DATE 479-621-1186 2/1/17 © CONTRACT AMOUNT ACTUAL COMPLETION DATE $11,500,000 11 / 18/16 Working as a team to deliver this project 75 days early Crossland Heavy and our subcontractors were responsible for complete reconstruction of Bellview Road from Ajax Avenue to Pleasant Grove Road. This included roadway widening and turn lane additions, grade changes/ embankments, construction of a 4 span precast concrete arch bridge over Blossom Way Creek, construction and renovation of the 1-49 overpass bridge, installation of a triple 8'X7'X900' box culvert, sidewalk and trail improvements, and asphalt paving operations. The newly constructed roadway allows a streamline flow of traffic for the city of Rogers, drainage improvements, and a public trail access for the Northwest Arkansas Greenway Trail. Crossland Heavy worked with the City to sequence the work in a way that would allow traffic to continue running in all areas. The walking and biking trial that previously ran under the bridge would not have been safe to access during construction, so Crossland Heavy re-routed the trail so that Arkansas hikers and bikers were able to continue using it throughout the entirety of the project. Crossland Heavy Contractors 1 14 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience BENTONVILLE BIKEWAYS DESIGNS O PROJECT LOCATION Bentonville, AR L�CLIENT J City of Bentonville Dennis Birge 479-271-6840 © CONTRACT AMOUNT $1,596,231 ENGINEER Toole Design Group Sagar Onta 864-336-2276 CONTRACT COMPLETION DATE 2/9/23 ACTUAL COMPLETION DATE On track for July '22 Implementing a new technology to enhance biker safety This project was the City of Bentonville's pilot project to trial a new technology to enhance biker safety on their many popular biking routes. Phase 1 of the project included the construction of concrete shared use path and included the addition of directional separated bikes lanes on NW 3rd Street and a two-way separated bike lane on the north side of NW 3rd Street. Phase 2 included the addition of a two-way separated bike lane on the south side of SW 8th Street. It also incorporated the extension of a shared use path on SW 8th Street to connect to the existing Applegate Trail. The project has repurposed the existing streets to reduce vehicle traffic and increase bike traffic by constructing an on -street bikeway with a high-tech bike buffer that contains both horizontal and vertical elements to protect the bikers who are so essential to the Northwest Arkansas Community. The project has been so successful that the City plans to implement the same process and technology on their other bike routes. Crossland Heavy Contractors 1 15 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 03 - Specialized + Past Experience GENE GEORGE BOULEVARD IMPROVEMENTS 0 PROJECT LOCATION ENGINEER Springdale, AR Engineering Services Jonathan Strain r 1 CLIENT L�J City of Springdale Brad Baldwin 479-750-8105 © CONTRACT AMOUNT $6,540,193 479-751-8733 CONTRACT COMPLETION DATE 8/21/20 ACTUAL COMPLETION DATE 7/22/20 Providing alternatives to save 30 days and $200k for the Owner Crossland Heavy Contractors completed street improvements to approximately 1,955 LF of four -lane Gene George Blvd., including a 200' structural steel bridge over Brush Creek and 2,000 LF of 24" ductile iron water main utility construction and storm drain. When preparing to construct the bridge foundation, CHC noticed that a small design change could be made to the end bent foundations to improve constructability and also save money for the owner. After proposing the alternative, we worked with the design team to gain approval and begin the construction. Ultimately we were able to generate enough savings for the City to fund additional improvements they had originally wanted in the project but could not afford. CHC thoroughly tracked all work activity productions and costs, keeping the project budget on track throughout the project. The quality of the product constructed by our team was noted and appreciated by the City of Springdale and Springdale Water Utilities and ultimately the commuters who drive on the improved roadway every day. Crossland Heavy Contractors 1 16 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 04 - Schedule Pre -Construction Phase Duration = 2-3 months Phase 1 - Poplar Street from Razorback Greenway to N Woodland Ave Duration = 4 months West Poplar a- 3msn[M1s — West Poplar 1 months Phase 2 - Sycamore Street from Garland Ave to Razorback Greenway Duration = 6 months - W- s—a�el Weal r sael .Y, heal Sycamore 6-8 MontM Phase 3 - Deane Street from Fire Dept to Garland Ave Duration = 12-14 months (includes new trail from Lynn's Place to Garland) Z W. Deane Street 12-14 Months Crossland Heavy Contractors 1 17 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 04 - Schedule Phasing Plan Phase 1 Poplar Street from Razorback Greenway to N. Woodland Ave • Work on Poplar Street can commence early in the overall project schedule, as franchise utility impacts should be minimal, allowing the construction of the trails & drives. • We will complete this work using temporary lane closures. Phase 2 - 6 months Sycamore Street from Garland Ave to Razorback Greenway We propose splitting the Sycamore Street work into two sub -phases: Phase 2A — From Scull Creek Trail to Leverett Ave • Work on this portion of Sycamore Street can commence early in the overall project schedule, as franchise utility impacts should be minimal, allowing the construction of the trails, sidewalks, and & drives. • We will complete this work using temporary lane closures. Phase 2B — From Leverett Ave to Garland Ave We will complete the work in two stages for this sub - phase: 1. Complete trail work and road work on the south side of the road - Completion of this sub -phase would fully connect the Razorback Greenway Trail to the Garland Avenue location on the trail, giving cyclists and pedestrians full access to the greenway trail up to that point. 2. Complete roadway & sidewalk work on the north side of road. • We will also consider complete closure of Sycamore Street. If we do pursue this option, CHC will develop a full Maintenance of Traffic Plan/Detour, as well as a communication plan for the traveling public and residents along this route. • Access for residents and businesses will be prioritized during this phase, and we will ensure that access is always available throughout. Phase 3 - 12-14 months Deane Street - Fire Department to Garland Ave • We have designated Deane Street as Phase 3 because we anticipate franchise utility impacts and/or relocations. We also believe there could be a potential design modification for storm sewer routing that may be able to mitigate franchise utility conflicts and/ or reduce utility relocations. If we move the storm drain to the north side of the road within the roadway and use combination drop inlets, we can reduce utility conflicts. • If we choose not to utilize full road closures, we intend to construct Deane Street modifications in sub -phases, constructing the north side of the roadway first, followed by the south side of the road and mill/overlay portion. • Completing the portion of the work where the Greenway Trail is located first, gives earlier access to cyclists and pedestrians to utilize the Greenway Trail system to its fullest extent. Approach for all phases to maintain traffic flows and prioritize safety: • To reduce workers' exposure to traffic hazards & to keep the public safe on their commute, we can utilize temporary traffic lights. • We will construct all driveways with the property owner at the top of our minds, providing temporary access and limiting as many impacts as possible. • Access for businesses will also be prioritized during throughout the project, and we will ensure that access is always available throughout. Crossland Heavy Contractors 1 18 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 05 - Additional Background BY THE NUMBERS: 220+ STREET + TRAIL IMPROVEMENT PROJECTS S80M+ OF CROSSLAND- OWNED EQUIPMENT 237+ PROJECTS IN NORTHWEST ARKANSAS S500M OF WORK PUT INTO OUR ARKANSAS COMMUNITIES EMPLOYEES RESIDING IN NORTHWEST ARKANSAS GMP CHANGE ORDERS ON ANY COLLABORATIVE DELIVERY PROJECT What Sets us Apart We own and operate a Vac Truck, which means we can pothole all utilities in the corridor to provide as - built utility information without paying a premium to subcontract the work. Crossland Companies is rapidly growing our collaborative delivery resume while we continue to hard bid and win more and more work every year. We feel that having recent experience in all the current construction project delivery methods makes us a well-rounded, competitive contractor who can pass our experience onto our owners in the form of time and money savings: • Developing Value Engineering options with Engineers & Owners in all stages of the project • Getting the best price from the most qualified subcontractors and suppliers through out longstanding relationships in the NWA market Ensuring confidence that our GMPs are accurate and competitive Competitively and efficiently self -performing work Crossland Heavy is a long-standing local NWA contractor that has built its success on the foundation of Reputation, Relationships & putting our clients needs at the forefront of every project. Crossland Heavy Contractors 1 19 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 05 - Additional Background How We will Work with You • We will lead the charge with Franchise Utilities and coordinate with the Utility companies before, during, and after construction to ensure a streamlined process for utility conflicts/resolutions and relocations. • We will assist the City in coordinating with the Railroad when necessary to develop a Grade Separation Agreement for work along the Railroad Right of Way. • We will consistently communicate with Key Stakeholders & Residents along the project corridor - CHC will implement a communication system (in conjunction with the City) as a means of keeping the traveling public, stakeholders, and residents in -the -know for progress updates, lane & street closures, driveway construction, and Razorback Greenway trail progress • A website or mobile app can be utilized for this project communication • We will also provide information to the City for updates to your project website • We consider this project a partnership with the City of Fayetteville, Olsson, & all trade contractors and will operate as team players with the goals of the City at the top of our minds. • We will coordinate with the design team to analyze all design changes, modifications, and traffic control plans. These analytic efforts will prioritize cost savings, safety of workers and the public, reduction of impacts to the traveling public, and expediting the use of the Razorback Greenway Trail system. • We bring extensive experience to the table for cost estimates and CMAR project management. • We will develop a detailed project schedule which will account for input from Key Stakeholders and will be shared across the entire project team. What's important to our clients and their stakeholders is important to us. • We will utilize phased construction sequencing where full shutdowns and detours cannot be utilized while consistently mitigating impacts to the public. • We will provide specialized bid packages to bring qualified trade contractors to the table at a cost savings in lieu of contracting to a sole contractor. • We will bring key trade contractors to the table that may otherwise not pursue this job in a hard bid environment. We bring key relationships with local experts in Traffic Control, Roadway/Paving, & Utility Work which will aid in delivering a streamlined project with the following priorities: 1. Schedule & Cost Control - Get it right the first time 2. Pedestrian & bicycle traffic flow & management 3. Vehicle traffic flow & management 4. Reduced impacts to residents, businesses, and project stakeholders Controlling Costs 1. Execute intended scopes within their budgets 2. Hold subs and suppliers accountable 3. Manage and track contingency usage 4. Continue Value Engineering efforts through completion 5. Minimize cost overruns through thorough quantity takeoffs for bid packages 6. Manage the project as a partnership Crossland Heavy Contractors 1 20 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Pre -construction Services + Approach to Billing The Crossland Heavy Contractors CM/GC Team has • Risk Analysis — Record all risks and develop an innovative management approach to maintain an mitigation procedures exceptionally honest and open relationship with the City of Fayetteville throughout the lifecycle of the project. Our team is committed to meeting all of the City's requirements from the Pre -Construction Phase, through Construction, Street Opening, Warranty, and beyond. We believe quality Pre -Construction services set a tone that continues throughout the entirety of the project. Crossland Heavy has worked closely with both Olsson and the City of Fayetteville in the past, and we intend to continue to grow our relationships with both entities as well as across the project team and to deliver a project the entire community can be proud of. Pre -Construction Strategy Crossland Heavy approaches each of our collaborative delivery projects with an Owner -first mindset. Our goal is always to exceed your expectations, to finish early, to keep the dollars in your pocket, and to make so much room in the budget that we can bring items that were only on your wish list into scope. Our proven Pre -Construction Management Plan is how we achieve both our goals and your goals on each of our collaborative projects: 1. Begin the project with Team Building — no project can be successful with a disjointed team 2. Learn and record your goals and post them in a place where they will be top of mind for every team member throughout the project 3. Discuss the GMP Approach as a Team and choose your desired path forward 4. Design Review & Target Pricing Cycle — at 95% & 100% • Review the Design for Constructability • Begin detailed Estimate — this is always open - book • Involve local subcontractors and suppliers to get accurate pricing • Value Engineering — find cost -saving ideas that promote safety and simplify maintenance • Develop and update the project schedule • Allocate Contingencies based on each individual line item's risk, not a percentage of the total project • Review Target Pricing as a Team 5. Prepare for and post the bid(s) publicly when the GMP is ready and approved Estimating & Cost Control Crossland Heavy utilizes an open book approach to the development of target pricing during the Pre - Construction phase and is committed to providing a level of transparency to the City of Fayetteville to demonstrate our cost management best practices. Our team will begin developing target pricing at the very beginning of the Pre -Construction Phase, following our kickoff meeting. We will collaborate with potential subcontractors and suppliers to develop accurate estimates so that we are providing the most realistic budgets for the various scopes on this project. For each target price at each design interval, we will provide a detailed schedule of values line -item breakdown to allow the entire project team to understand how each line item was developed. Each target price deliverable will be a working document until the GMP is established. Value Analysis Value analysis is perhaps one of the most important services a Construction Manager can offer their clients. In this process a thorough analysis is conducted of the design, products, and materials and their application, installation, and execution to determine whether the proposed design solutions are really the best solutions relative to their cost. With the Crossland Heavy team this doesn't stop at Pre -Construction —our team is prepared to look for and offer ideas and solutions throughout the Construction Phase as well. A project team that can propose creative and cost-effective solutions can add tremendous value to the overall project. Crossland Heavy Contractors 1 21 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Establishing the Guaranteed Maximum Price The GMP is the contract value agreed upon by the Construction Manager and the Owner that the project will not exceed; it includes contingency and the Construction Manager's fee and can only be changed when an item that was not originally scoped is added to the project. The GMP should be established after all scopes of work have been reviewed and bids from the public bid have been accepted by the entire project team. CHC takes an approach to establishing GMPs that maintain an open book methodology and that account for the true market condition. Our team will only execute our GMPs after the project goes to public bid. This approach limits the risk for potential GMP changes and ensures you pay exactly what the project costs, and not a penny more. To date our team has executed 100% of our Collaborative Delivery projects without executing a GMP change. CHC's approach to contingency development and management is that contingency should be quantified by an individual activity within a scope of work and never just an overall percentage of the project. With this approach, we keep contingency within manageable and realistic sums, and on every one of our projects thus far, we've closed the project with unused contingency that we've put back into our owners' pockets. The project owns the contingency. Our approach to utilizing contingency during construction is with approval by the City through a contingency allocation request (CAR). CARS will be tracked by the CM Project Manager Jason Necessary and reviewed during monthly progress meetings. Bidding Process As we near the time to issue your project for public bid, our team will develop a complete list of anticipated bid packages. Each bid package will include a narrative of each scope, the relevant construction documents, and prequalification metrics to ensure that each bidder can perform their scope of work. Given the uncertainty of the market today and our commitment to you to complete the project on time and on budget, we will include our project schedule as non-negotiable in each bid package and require a lead time for all material and equipment bids. Our goal is to create a competitive bidding environment while ensuring our entire team feels comfortable with the companies that will be awarded each scope of work. Attracting Qualified Bidders Our extensive experience in hard bidding jobs in Northwest Arkansas will ensure we have qualified bidders at the best price. We will use our extensive internal database as well as public platforms to attract as many qualified bidders as possible. Crossland Heavy seeks a minimum of three bids per trade to gain multiple options for our clients to consider. We also understand the City of Fayetteville may have requirements for its subcontractor base, such as local firms, minority owned businesses, etc. We take each of those terms into consideration during the bidding process and submit them alongside all applicable bids by trade contractors. Curbing Uncertainty in Today's Market CHC understands that today's market is a cause for concern when it comes to construction projects. Price escalations, unavailability of materials and equipment, labor uncertainties, and long lead times are expected in this volatile market. CHC will stay abreast of market fluctuations, maintaining constant communication with our trusted subcontractors and suppliers so that we're aware of any muttering of price increases as soon as they occur. We will utilize bid validity durations within our bid packages, providing pricing assurance post -bid and post-GMP execution. If the team decides, we'll lock in pricing of certain items at various GMP stages so that you don't have to worry about changes in the market affecting your final cost down the road. CHC will provide the City of Fayetteville with stability and transparency through all the twists and turns the market sends our way. Pre -Construction Services Billing We will provide a Pre -Construction Fee which will utilize hourly rates for each of our personnel. The total hours will be based on our experience from similarly sized past projects. This fee will be a not -to -exceed amount that will be billed based on actual hours each month during the Pre -Construction Phase. Crossland Heavy Contractors 1 22 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Records of management teams on similar projects with timely completion and high -quality workmanship Below is a chart which demonstrates the experience our proposed project team has had working on similar projects together. Crossland Heavy prides itself on the ability of our team to work well together in a way that ensures the success of each and every one of our projects, and especially on collaborative delivery projects where the success is extremely dependent on the trust and camaraderie of the project team. ea �`` �`` 3� 49 � PROJECT TEAM MEMBER �oIV yy� 5Q 4Fo��Qg c o oJv Qe Q <v�' 40 4,���' �v=J�a� Z� oQ ; Dan Thompson Nunn unman ME am Bill HagenBurger ■am Jason Crossland Heavy Contractors 1 23 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Current + Projected Workload Arcadia Lake WTP Residuals Handling & Imps Edmond Public Works Authority $38,174,538.00 8/22 ADA Main Street Improvements City of Ada, OK $7,491,316.38 6/22 Owasso WWTP & Main Lift Station Owasso Public Works Authority $21,187,879.00 2/23 COT Citywide LS Improvements Tulsa Metropolitan Utility Authority $598,796.00 4/22 71 st ST Dewatering- Sludge Tank Repair Tulsa Metropolitan Utility Authority $1,067,695.00 2/22 2ND &Bryant City of Edmond $7,478,800.00 6/22 BAMA Battle Creek Irrigation PS Broken Arrow Municipal Authority $996,200.00 2/22 Caney River Raw Water Intkae Improvements City of Bartlesville $1,232,010.00 5/22 COT 2 Waterline 31 st to Howard Tulsa Metropolitan Utility Authority $2,162,000.00 7/22 COT MLK Blvd. & Reconcilitation Way City of Tulsa $1,592,000.00 2/22 COT Citywide ADA Transition Plan City of Tulsa $1,247,000.00 5/22 AB Jewell Clarifier No. 2 Imps Tulsa Metropolitan Utility Authority $8,922,000.00 7/22 Tulsa County Posey Creek Bridge Tulsa County $2,005,506.00 5/22 Penn TX U-Turn 210255 Oklahoma Department of Transportation $826,000.00 5/22 Kaw Point & Plant 20 WWTP Electrical Imps Unified Government of Wyandotte County $351,675.00 2/22 Owasso 116th and Garnett Intersection City of Owasso $4,284,000.00 6/22 WRWA Landside Wayfinding Oklahoma City Airport Trust $5,570,110.00 11 /22 IDO CBP II 140K Building Storm Sewer Anadarkko Dozer & Trucking $167,394.00 2/22 WPC 22-5 Tulsa Metropolitan Utility Authority $301,000.00 2/22 Bartlesville Effluent Pump Station City of Bartlesville $1,738,000.00 11/22 LLWWTP UV Disinfection Improvements Broken Arrow Municipal Authority $5,841,000.00 8/22 Osage Pawhuska - Site Concrete 32A Crossland Construction Company, Inc. $851,100.00 10/22 Warner WTP Filter Medial Replacement Warner Utilities Authority $48,610.00 5/22 Owasso 116th Widening Garnett to 129th City of Oswasso $8,603,000.00 6/23 Osage Bartlesville Crossland Construction Company $1,702,000.00 12/22 COT NA 8063 City of Tulsa $3,870,000.00 6/23 Hefner WTP Ozone Expansion City of Oklahoma City Water Utilities Trust $44,432,000.00 7/25 Lynn Lane Blower Replacement Broken Arrow Municipal Authority $259,000.00 9/22 RMUA WPC 22-2 Regional Metropolitian Utility Authority $484,000.00 8/23 COT 7th and 8th St Aerterial Rehab City of Tulsa $4,146,000.00 5/23 NSWWTP Digester Improvements Project Tulsa Metropolitan Utility Authority $2,392,000.00 6/23 South Canadian WWTP Improvements City of Oklahoma City Water Utilities Trust $213,851,000.00 1 /27 Junction City WTP Improvements Phase 2 City of Junction City $12,210,000.00 12/22 Cedar Lake Lift Station Improvements City of Olathe $2,209,500.00 7/22 CDR J Gladstone Site Utilities AutoSmart, LLC $276,789.00 2/22 Kaw WTP Electrical & Mechaincal Imps Contract City of Lawrence $4,457,000.00 4/22 Little Cedar Creek Stabilization City of Olathe $484,500.00 5/22 Turkey Creek WWTF Miscellaneous Improv Johnson County Wastewater $2,145,500.00 5/23 Kaw Point Control Room Stairs Replacement Unified Government of Wyandotte County $63,759.00 12/22 Blue River Influent Floor Drain Johnson County Wastewater $93,818.00 7/22 2022 Wastewater Treatment Facility Improv City of Osawatomie $2,538,564.00 12/22 Pump Station No. 66 Emergency Phase I United Government of Wyandotte County $75,000.00 8/22 Main Lift Station & Forcemain Improvements City of Eudora $26,066,450.00 12/22 Topeka WTP West Plain Basin Rehab City of Topeka $10,249,300.00 5/23 Missouri River Intake HVAC Improvements Water District No. 1 of Johnson County $1,560,000.00 6/23 Wyss Pumping Station Engine Generator WaterOne $5,776,500.00 12/23 Middle Basin Misc Electrical Improvement Johnson County Wastewater $203,459.00 5/23 Olathe WTP 1 Demolition City of Olathe $743,000.00 10/22 Contracto 4 High Service Pump Station City of Lexington $1,304,114.00 9/22 Joplin High Service PS Replacement Missouri American Water Company $6,402,100.00 12/22 Kessler Moutain Regional Park Ph 2 City of Fayetteville, AR $6,387,494.47 4/22 Crossland Heavy Contractors 1 24 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items Current + Projected Workload Madison County Booster Pump Station Rehab Madison County Water Facilities $669,940.00 2/22 Kessler Mountain Regional Park Ph 2 City of Fayetteville $6,387,494.00 4/22 Park Street Intersection Improvements City of Springdale, AR $2,804,692.00 4/22 WMHO MLK Storm Sewer Ph 1 Nabholz Construction Company $2,382,334.00 2/22 Oak Street & Uptown Overpass Imps City of Rogers $20,701,114.00 4/23 Fulbright Ramp- N. Shiloh Drive City of Fayetteville $1,680,751.00 8/22 Prairie Grove WWTP Lift Station City of Prairie Grove $1,235,200.00 10/22 Slaughter Pen West Parking Lot NWA Trailblazers $789,856.00 5/22 WMHO 10th Street Pedestrian Tunnel Retainage APAC-Central, Inc. $240,413.00 6/22 Clear Creek Lift Station Upgrades City of Springdale $3,144,900.00 2/23 Butterfield Coach Lift Station Upgrades City of Springdale $3,438,550.00 3/23 Alpena Wastewater System Improvements Town of Alpena, Arkansas $4,321,600.00 5/23 NEO CM North Groove - North Lake WNP Pump Nabholz Construction Corporation $792,169.00 12/22 NEO CM South Lake and Green Groove - Outfall Nabholz Construction Corporation $347,118.00 4/23 War Eagle Bridge Repair Benton County $9,353.00 4/22 8th St Corridor Improvements City of Bentonville $27,802,588.00 7/24 Via Emma Waterline Extension Blue Crane $44,463.00 5/22 Slaughter Pen East Emergency Access Trail Trailblazers + ETHIC $432,080.00 10/22 Har-Ber Ave. Ext. - 40th St. to Gutensohn Rd. City of Springdale $11,386,350.00 7/23 Springdale Water Utilities WW TF Phase 1 Impr City of Springdale Water and Sewer $51,394,137.00 2/25 Crossland Heavy Contractors 1 25 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items ( e I IAA PROTECTING ASSETS, MAKING A DIFFERENCE. June 24, 2022 City of Fayetteville, Arkansas Attn: Andrea Foren Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Re: Crossland Heavy Contractors, Inc. Project: RFQ 22-07, Construction Manager at Risk for Midtown Corridor Dear Ms. Foren, Our agency manages the surety bond program for Crossland Heavy Contractors, Inc., we have been asked to write this letter to you on their behalf. The IMA team has known and worked with Crossland for more than 30 years and we hold them in the highest regard. We have watched Crossland, time and time again, earn their outstanding reputation as a company and as individuals of high integrity with an exceptional knowledge of the construction industry. The Crossland team consistently delivers quality projects in a timely and cost-effective manner for their clients; they truly area company who values relationships and doing the job right. It is for these reasons and so many more that I am pleased to write this letter on their behalf. Surety bonds for Crossland are underwritten by Zurich American Insurance Company and Federal Insurance Company. Bonds are typically written by Fidelity and Deposit Company of Maryland (a company of Zurich American Insurance Company) and Federal Insurance Company. Zurich American Insurance Company and Fidelity and Deposit Company of Maryland maintain "A+ (Superior)", "XV ($2 Billion or greater)" ratings by the A.M. Best Company and a combined U.S. Treasury listing exceeding $664,000,000. Federal Insurance Company is a member of the Chubb Group of Companies, which carries an A.M. Best Rating of "A++ (Superior)", "XV ($2 Billion or greater)"; Federal enjoys a Treasury listing exceeding $414,000,000, when including the full Chubb family of companies this Treasury listing exceeds $1 Billion. Zurich American Insurance Company and Federal Insurance Company would positively consider approval of surety bonds for Crossland on individual contracts of $500 Million and an aggregate cost -to -complete total company backlog of $3 Billion. These numbers are guidelines and not limits of surety support. Crossland's sureties would positively consider larger projects or program on a project -by -project basis. Premium for surety bonds is calculated based upon unique factors for each individual contract. Typically, Crossland's surety bond premiums average between 0.4% and 0.9% of the total contract value. Please note these rates are subject to change and are not guaranteed. Crossland's surety partners are favorable to executing surety bonds upon acceptable review of all contract terms, bond forms and financing for any project as well as other pertinent underwriting information that may be deemed necessary. The arrangement for performance and payment bonds is a matter between Crossland and their sureties; neither the sureties, IMA, Inc., Crossland or any affiliates assume any liability to you or any parties if for any reason bonds are not written. I am proud to recommend Crossland Heavy Contractors, Inc. to you. If you should have any questions, or require additional information, please do not hesitate to contact myself or Crossland. Sincerely, „- Monica F. Dbnatelli Vice President, Surety Department Manager 913-982-3657 / monica.donatelli@imacorp.com IMA, Inc. 1 9393 W. 110th St., Suite 600 1 Overland Park, KS 66210 1 913.982.36501 imacorp.com Insurance I Employee Benefits I Surety I Risk Management Crossland Heavy Contractors 1 26 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 06 - Supplementary Items License No. 0067301122 ID #8600 State of Arkansas Commercial Contractors Licensing Board CROSSLAND HEAVY CONTRACTORS, INC. PO BOX 350 COLUMBUS, KS 66725 CROSSLAND HEAVY CONTRACTORS, INC. This is to Certify That is duly liccriscd under the provisions of Ark. Cod- z knn. § t.7-25-1011 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: HEAVY CONSTRUCTION MUNICIPAL & UTILITY CONSTRUCTION i h►'s contractor has an t!►rlimited st!gge0ed bid limit. from October 22, 2021 until November 30, 2022 When this Certificate expires. Witness our hands of the Board, dates! at Norlh Little Rock, Arkansas: CHAIRMAN SECRETARY October 22, 2021 - dsa Crossland Heavy Contractors 1 27 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation City of Fayetteville, AR JTY OP Purchasing Division, Room 306 IVFAYETTEVILLE 113 W. Mountain Street ARKANSAS Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 22-07, Construction Manager at Risk for Midtown Corridor DEADLINE: Tuesday, June 28, 2022 prior to 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Wednesday 6/8/22 at 2 PM — via Zoom DELIVERY LOCATION: Electronic via the City's Pre -Proposal Conference PURCHASING CONTACT: Andrea Foren, aforen@fayetteviIle-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 06/05/22, 06/06/22 & 06/07/22 Late qualifications will not be accepted. RFQs shall be submitted in accordance with the attached City of Fayetteville specifications and RFQ 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 submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Crossland Heavy Contractors, Inc. Contact Person: Dan Thompson E-Mail: dthompson@heavycontractors.com Business Address: 705 S Lincoln Title: Vice President + Division Manager Phone: 479-366-1637 City: Lowell State: AR Signature: Date: City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 1 of 22 Zip: 72745 06/28/2022 Crossland Heavy Contractors 1 28 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Crossland Heavy Contractors, Inc. NUMBER OF YEARS IN BUSINESS: 27 years HOW LONG IN PRESENT LOCATION: 19 years in Arkansas TOTAL NUMBER OF CURRENT EMPLOYEES: 337 FULLTIME 21 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 20 FULLTIME 0 PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE (All fields must be completed): 1 Springdale Water Utilities 2 Rogers Water Utilities COMPANY NAME COMPANY NAME Rogers, AR, 72756 Rogers, AR 72758 CITY, STATE, ZIP CITY, STATE, ZIP Brad Baldwin Brian Sartain CONTACT PERSON CONTACT PERSON 479-750-8105 479-621-1142 TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER bbaldwin@springdalear.gov briansartain@rwu.org E-MAIL ADDRESS E-MAIL ADDRESS B City of Bentonville 4 Grand River Dam Authority COMPANY NAME COMPANY NAME Bentonville, AR 72712 Tulsa, OK 74128 CITY, STATE, ZIP CITY, STATE, ZIP Dennis Birge, PE Holly Moore CONTACT PERSON CONTACT PERSON 479-271-6840 918-256-5545 TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER dbirge@bentonvillear.com holly.moore@grda.com E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 12 of 22 Crossland Heavy Contractors 1 29 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation EMMA AVE STREETSCAPE IMPROVEMENTS � SPRINGDALE, ARKANSAS O$1,330,450 O Springdale Water Utilities, Rick Pulvirenti, 479.751.5751 This project consisted of the demo and removal of the existing sidewalks and asphalt pavement. Also included was the installation of approximately 21,500 square feet of stamped and colored concrete, 11,217 square feet of full depth roadway, 9,156 square feet of asphalt overlay, installation of drainage system, and decorative street lighting. ROGERS SOLIDS HANDLING FACILITY ROGERS, ARKANSAS O$7,577,932 Rogers Water Utilities, Brian Sartain, 479.936.5426 This project is the first phase of 3 allowing for improvements to the plant's existing Class A bio-solids system. The phase 1 improvements include the addition of a new lab and controls building, an added centrifuge and dryer feed conveyance for redundancy, along with a tubular drag system and storage silos. This project serves as one of the first collaborative delivery projects for a municipality in the State of Arkansas. 3RD TO 8TH STREET GREENWAY TRAIL � BENTONVILLE, ARKANSAS O$1,380,000 O NWA Trailblazers, Erin Rushing, 479-231-1365 This project includes, but is not limited to, construction of approximately 4,350 LF of 12' concrete greenway trail with two (2) prefab bridges, segmental block retaining walls, two (2) parking lots, drainage, and landscaping. Crossland Heavy Contractors 1 30 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation City of Fayetteville RFQ 22-07, CMAR for Midtown Corridor SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest or disclose any financial interest with the City of Fayetteville, including, but not limited to, City of Fayetteville employees. Proposer response shall disclose if a known relationship exists between any principal or employee of submitting firm or its team members or sub -consultants, and any City of Fayetteville employee, or elected City of Fayetteville Official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, I 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. 2. Additional 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. Name of Firm: Crossland Heavy Contractors, Inc. Name of Primary Contact: Dan Thom Title of Primary Contact: Vice President + Division Manager Phone#1 (cell preferred): 479-366-1637 Phone#2: 479-347-7960 E-Mail Address: dthompson@heavycontractors.com 3. Please 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 RFQ 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 vendor to disqualification. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 13 of 22 Crossland Heavy Contractors 1 31 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED Addendum 1 Dan Thompson 6/28/2022 4. 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. 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. 5. 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. 6. Pursuant to 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. 7. SUB CONSULTANTS AND TEAM INFORMATION: Proposer hereby certifies that proposals from the following consultants were used in the preparation of this statement of qualification. Proposer shall attach additional pages if necessary. This section only applies if CMAR is proposing a sub consultant for estimating, scheduling, accounting/payroll and non -construction trade services. Type of Work: N/A Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Type of Work: N/A Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 14 of 22 Crossland Heavy Contractors 1 32 RFQ 22-01, Appendix D - Crossland Heavy RFQ Submittal 07 - Required Documentation NAME: Dan Thompson COMPANY: Crossland Heavy Contractors, Inc. PHYSICAL ADDRESS: 705 S Lincoln, Lowell, AR 72745 MAILING ADDRESS: 705 S Lincoln, Lowell, AR 72745 TAX ID#: 48-1131853 SAM UEI#: XLWJNERE6ER3 PHONE: 479-366-1637 FAX: 479-347-7960 E-MAIL: dthompson@heavycontractors.com ARKANSAS CONTRACTOR'S LICENSE NO: 0067301122 ARKANSAS SECRETARY OF STATE FILING NO: 100205582 Signed by: SIGNATURE: / PRINTED NAME : Dan Thompson TITLE: Vice President + Division Manager DATE: 06/28/2022 City of Fayetteville, AR RFQ 22-07, CMAR for Midtown Corridor Page 15 of 22 Crossland Heavy Contractors 1 33 CROSSLAND HEAVY CONTRACTORS www.heavycontractors.com V q �Omvwvc vu.pUt- N > L Apartments W E Village Lake Dr v V S Wash. Co. f Fairgrounds Sunbridge Dr 49 Y •• i .4v '•SC Meadow Valley Trail G napp Townshi r yr - Arkansas Agricultural cu Research & Proposed Roundabout �o 0 G E x r e n s o n Center C� % Proposed separated Bicycle & Pedestrian u / ; Proposed Bicycle, Facilities a Future Police Headquarters Pedestrian, Drainage o & Street improvements S v L Proposed separated L s Po ar St. Poplar St. Bicycle & Pedestrian faclities M C9 m elms f ii o Bel C' Deane St Ai Existing Trail Q Deane St. a� a� Proposed Proposed turn lanes at ` Sycam ire St. ore St On -street �j intersections Lewis Bikeway Soccer ,�: u Sys Complex Q `:.... h Mount Comfort " Proposed Gre Park 0. y Rn < Signalized Crossing ✓ereit�ns a ,, :. i g Evety , 112 v v Health C ►re Hill,:e > S ystem of Legend Q .,narks �•... t�i i=.4 INC vt Proposed Midtown Trail aton Or 0 Existing Shared -Use Paved ..� Trails City of Fayetteville, AR CITY OF Midtown Trail Corridor - 2.5 Miles October 2019 _ FAYETTEVILLE r� ARKANSAS Porter Rd./Deane St./Sycamore St./Poplar St./Woodland Ave. 0 0.125 0.25 0. Miles City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2022 Requestor: Matt Casey BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc who was selected by RFQ 22-07 to provide Construction Manager at Risk (CMAR) services for the Midtown Corridor Project in the not to exceed amount of $78,550.00 and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: LEGISTAR FILE ID#: 8/16/2022 2022-0690 HoV y 31ack� 712712022 2:48 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL - - v.20220718 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4602.860.7218-5809.00 78,550 - 46020 7218.1020 EX Improvements - Street 4602.860.7999-5899.00 (78,550) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0690 BA Crossland Heavy Midtown Corr 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0684 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 AMENDMENT 1, BOSTON MOUNTAIN SOLID WASTE DISTRICT: A RESOLUTION TO APPROVE A CONTRACT AMENDMENT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES THROUGH THE END OF 2022 IN THE AMOUNT OF $9,500.00 WHEREAS, the City has contracted with the Boston Mountain Solid Waste District for several years to partially fund a Recycling Educator position that provides the community with waste reduction, recycling, and compost information to improve the public's knowledge and participation in the City's waste diversion efforts which is set to expire in September 2022; and WHEREAS, Staff would like to amend the existing contract with BMSWD to account for an additional 20 hours per week for an educator position making it a full-time position for the rest of 2022, with an option to extend for additional terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment 1 to the Contract for Environmental Education and Outreach Services with the Boston Mountain Solid Waste District, a copy of which is attached to this Resolution, in the amount of $9,500.00 for the provision of an environmental and recycling education program for the citizens of Fayetteville until December 31, 2022, and further authorizes extensions to the term as defined in the amended contract. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Brian Pugh Submitted By City of Fayetteville Staff Review Form 2022-0684 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/28/2022 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: Resolution authorizing an amendment to the Contract for Service with the Boston Mountain Solid Waste District for an education position utilized in the Recycling and Trash Collection Division and approving an option to renew for an additional 3 months. Budget Impact: 5500.750.5060-5342.00 Recycling and Trash Collection Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ 139,578.00 Funds Obligated $ 116,876.87 Current Balance $ 22,701.13 Does item have a cost? Yes Item Cost $ 9,500.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 13,201.13 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16T", 2022 TO: Mayor and City Council THRU: Peter Nierengarten, Environmental Director FROM: Brian Pugh, Waste Reduction Coordinator DATE: July 28th, 2022 CITY COUNCIL MEMO SUBJECT: Resolution authorizing an amendment to the Contract for Service with the Boston Mountain Solid Waste District for an education position utilized in the Recycling and Trash Collection Division and approving an option to renew for an additional 3 months. RECOMMENDATION: Recycling and Trash Collection Division staff recommends approval of a resolution authorizing an amendment to the Contract for Service with the Boston Mountain Solid Waste District for an education position utilized in the Recycling and Trash Collection Division and approving an option to renew for an additional 3 months. BACKGROUND: The City has had an ongoing contract with the BMSWD since 2013 to fund a Recycling Educator position for 20 hours per week that provides the community with waste reduction, recycling and compost information to improve the public's knowledge and participation in the City's waste diversion efforts. DISCUSSION: In September 2022 a U.S. Department of Agriculture Community Compost and Food Waste Reduction Program grant will expire. The grant, approved with Resolution 235-20, also provided for 20 hours of an educator position which will no longer be available. Staff would like to amend an existing contract with BMSWD, Resolution 265-20, to account for an additional 20 hours per week for an educator position making it a full-time position for the rest of 2022. BUDGET/STAFF IMPACT: The City shall pay $9,500 for the remaining three months of 2022 (October through December) with funds available in 5500.750.5060-5342.00. Attachments: Contract for Service amendment proposal from BMSWD Boston Mountain Educator Contract Amendment #1 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 tvm VM1 Boston Mountain SOLID WASTE DISTRICT CONTRACT AMENDMENT FOR SERVICE Background: The Boston Mountain Regional Solid Waste Management District (District) and the City of Fayetteville, Arkansas currently have a Contract for Service for a part-time educator for the full 2022 calendar year. Additionally, this educator is providing additional education and outreach focused on Food Waste Composting for the first three quarters of 2022 in relation to USDA Grant received by the City. The City would like to continue the education and outreach program related to composting for the remainder of 2022. The Boston Mountain Regional Solid Waste Management District (District) and the City of Fayetteville, Arkansas agree to enter into the following agreement to provide a continuation of environmental education and outreach in the City of Fayetteville for the fourth quarter of 2022 (October- December). The Environmental Educator is to be provided by the District. The District has the resources available to provide public education and community outreach relating to solid waste management and waste minimization education in Fayetteville. It is agreed by the District and the City of Fayetteville as follows: The District shall: 1. Provide waste reduction and waste minimization education to citizens of the City of Fayetteville. 2. Prepare and present education programs to Fayetteville's citizens on services and programs available to them related to solid waste management, including recycling and composting. 3. Provide an environmental educator that will perform at least 150 additional hours of environmental education for the City. 4. The environmental educator will be an employee of Boston Mountain Solid Waste District. The District agrees to indemnify and hold harmless, to the extent such is not in conflict with immunities provided for by state law, the City of Fayetteville and all its officers and officials from any claims, of whatever nature, relating to the employment of the environmental educator. 5. Continue education services set forth in Appendix A of USDA Composting Grant. The City of Fayetteville shall: 1. Pay for this service will be the sum of $9,500. Page 1 of 2 Boston Mountain SOLI❑ WASTE DISTRICT This contract shall be in effect for October- December 2022 only. All provisions of this agreement are contingent on annual budget authority granted by the City Council of the City of Fayetteville, Arkansas. Signatures: BOSTON MOUNTAIN REGIONAL SOLID WASTE MANAGEMENT DISTRICT MAYOR DOUG SPROUSE BOARD CHAIRMAN DATE CITY OF FAYETTEVILLE, ARKANSAS MAYOR LIONELD JORDAN DATE Page 2 of 2 AMENDMENT # 1 TO CONTRACT FOR ENVIRONMENTAL EDUCATION AND OUTREACH SERVICES On this day of , 2022, Boston Mountain Regional Solid Waste Management District ( "District") and the City of Fayetteville, Arkansas ("City") agree to amend their contract for environmental education and outreach services in the City of Fayetteville. WHEREAS, on October 20, 2020, the District and the City entered into a contract for the provision of environmental education and outreach services; and WHEREAS, the grant the City received from the United States Department of Agriculture to fund a portion of the cost of the educator position will expire on September 30, 2022; and WHEREAS, the Parties wish to amend the contract and provide for payment to the District for a full-time educator through December 31, 2022, with an option to extend for an additional three months at which time the Parties may further extend the contract through the full term of the original agreement. IT IS, THEREFORE, agreed by the Boston Mountain Regional Solid Waste Management District and the City of Fayetteville, Arkansas, as follows: 1. Term. This amended contract shall begin on October 1, 2022 and shall end on December 31, 2022. The City shall have the option to renew the contract for an additional three month period through March 31, 2023 by providing written notice to the district on or before November 30, 2022. The Parties shall have the option to extend the contract by mutual agreement entered into at least thirty (30) days prior to the expiration of the then current term for the following additional terms: • April 1, 2023 — December 31, 2023 • January 1, 2024 — December 31, 2024 • January 1, 2025-December 31, 2025 2. Scope of Services and Schedule of Deliverables. The District shall provide the services set forth in Appendix A for the initial two terms of the amended contract (October 1, 2022 — December 31, 2022 and January 1, 2023 — March 31, 2023). The scope of services for any term beyond March 31, 2023 shall be determined by written agreement of the City and District at least thirty (30) days prior to the end of the then current term. 3. Consideration The City shall pay the sum of $9,500.00 for the October 1, 2022 — December 31, 2022 term of the amended contract (as well as the January 1, 2023 — March 31, 2023 term if the City exercises its option to extend) as consideration for the District's provision of services set forth in Appendix A. Thereafter, the Parties shall determine by written agreement the consideration for services provided for any term after March 31, 2023. All provisions of this agreement are contingent on annual budget authority granted by the City Council of the City of Fayetteville, Arkansas. 4. Amendments Changes, modifications or amendments to the scope, price or fees dictated by this Contract shall not be allowed without a written Contract amendment approved by the City and the district in advance of the change. IN WITNESS WHEREOF, the parties hereto have caused their signatures to be set by their authorized representative effective the date set forth hereinabove. CITY OF FAYETTEVILLE, ARKANSAS M. LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk Treasurer BOSTON MOUNTAIN REGIONAL SOLID WASTE MANAGEMENT DISTRICT LIZA Mayor Doug Sprouse, Board Chairman WITNESS: LOW City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0692 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 COMMERCIAL ELECTRONICS CORP: A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER FROM COMMERCIAL ELECTRONICS CORP IN THE AMOUNT OF $139,125.90 PLUS ANY APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a phone system recorder from Commercial Electronics Corp in the amount of $139,125.90 plus any applicable taxes and shipping charges, pursuant to a Houston -Galveston Area Council cooperative purchasing contract, for use at the Police Department and City Hall. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Keith Macedo Submitted By City of Fayetteville Staff Review Form 2022-0692 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2022 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of a phone system recorder from Commercial Electronics Corp utilizing the Houston Galveston Area Council (H-GAC) contract #RP07-20 in the amount of $139,125.90 plus applicable taxes. Budget Impact: 4470.170.8170-5209.00 CIP Account Number Fund 04001.1 Telecommunication Systems Upgrades Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 275,577.00 $ 98,367.25 $ 177,209.75 $ 152,690.68 24,519.07 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, IT Director DATE: July 27, 2022 SUBJECT: Phone System Recorder Contract CITY COUNCIL MEMO RECOMMENDATION: A resolution to authorize the purchase of a phone system recorder from Commercial Electronics Corp utilizing the Houston Galveston Area Council (H-GAC) contract #RP07-20 in the amount of $139,125.90 plus applicable taxes. BACKGROUND: The current phone system recorder was purchased in 2012 and is no longer supported by the manufacturer. The recorder is used to record 9-1-1 calls, public safety radio traffic, phone lines for the Police Department, phone lines for the Utility Billing Call Center in City Hall and various administrative lines throughout the city as an "on demand" type recording. DISCUSSION: City staff reviewed a number of vendors to provide a complete recording solution that will fulfill the needs for recording Utility Billing Call Center phone recordings, and requirements of the Arkansas Public Safety Act for recording of Public Safety radio and phone calls. This review included multiple demos from various phone system recorder systems and reference checks from other cities. The selected product is from Higher Ground, who has been in business for over 40 years and is used by Bella Vista, Rogers, and Bentonville. H-GAC is a cooperative purchasing entity that competitively bids out various products and services for state and local government agencies. H-GAC holds hundreds of competitively solicited cooperative contracts that allow agencies to benefit from the shared purchasing power of a cooperative and reduces procurement overhead. Commercial Electronics Corp was awarded an H-GAC contract and is the current vendor for the City of Rogers and they are happy with their quality of support. BUDGET/STAFF IMPACT: The phone system recorder one-time cost $139,125.90, plus applicable taxes, and is budgeted within the Telecommunication System Upgrades capital improvements project #04001.1. The initial purchase includes one (1) year of software maintenance, future annual maintenance is estimated at $10,000 per year and is be budgeted within the annual Police operating budget. Attachments: Staff Review form, H-GAC contract, Commercial Electronics quote, SOW Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F H-GAC Houston -Galveston Area Council P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 Cooperative Agreement - HigherGround, Inc. - Public Services - - 20-00476 GENERAL PROVISIONS This Agreement is made and entered into, by and between the Houston -Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and HigherGround, Inc., hereinafter referred to as the Contractor, having its principal place of business at 21201 Victory Blvd., Suite 105, Canoga Park, CA 91303. WITNESSETH: WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Agreement, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith. ARTICLE 3: INDEPENDENT CONTRACTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H- GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 4: WHOLE AGREEMENT The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the complete Agreement ("Agreement") between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5: SCOPE OF SERVICES Page 1 of 7 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F The services to be performed by the Contractor are outlined in an Attachment to this Agreement. ARTICLE 6: PERFORMANCE PERIOD This Agreement shall be performed during the period which begins Jul 012020 and ends Jun 30 2023. All services under this Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 14, which shall be fully executed by both parties to this Agreement. ARTICLE 7: PAYMENT OR FUNDING Payment provisions under this Agreement are outlined in the Special Provisions. ARTICLE 8: REPORTING REQUIREMENTS If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this agreement for failure to perform may affect Contractor's ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement. ARTICLE 9: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as outlined and defined in the attached Special Provisions. ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor's subcontractors, with any laws or regulations. ARTICLE 11: AUDIT Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC. ARTICLE 12: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement. H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or Page 2 of 7 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F off the premises by authorized representatives of its own or any public accounting firm selected by H- GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third -party agreements. ARTICLE 13: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 14: CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Agreement, both parties agree that any amendment that affects the performance under this Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Agreement and shall be binding upon the parties as if written herein. ARTICLE 15: TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default. A. Convenience H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H- GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC. B. Default Page 3 of 7 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement, in any one of the following circumstances: (1) if the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof, or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreements that completion of services herein specified within the Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC. ARTICLE 16: SEVERABILITY H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 17: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE 18: CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. ARTICLE 19: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in any specific statute(s) Page 4 of 7 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to perform services under this Agreement. ARTICLE 21: INDEMNIFICATION AND RECOVERY H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement. ARTICLE 22: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to Page 5 of 7 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement. ARTICLE 23: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 24: JOINT WORK PRODUCT This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 25: DISPUTES All disputes concerning questions of fact or of law arising under this Agreement, which are not addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H- GAC's final decision. ARTICLE 26: CHOICE OF LAW: VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes. ARTICLE 27: ORDER OF PRIORITY In the case of any conflict between or within this Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments. Page 6 of 7 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F SIGNATURES: H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first written above, as accepted by: Higher uaao§6 % c. G, ram« 2 Signature 77EB4B3B5A114CA... Name Terrance Ryan Title President & CEO Date 7/7/2020 H-GAC / by: SignaturCDocuSigned " 82EC270D5D61423... Name Chuck Wemple Title Executive Director Date 6/24/2020 Page 7 of 7 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F H-GAC Houston -Galveston Area Council P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 Cooperative Agreement - HigherGround, Inc. - Public Services - 20-00476 SPECIAL PROVISIONS Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Agreement, the following documents listed in order of priority are incorporated into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal. ARTICLE 2: END USER AGREEMENTS ("EUA") H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Agreement between H-GAC and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement, Contractor develops a regularly followed standard procedure of entering into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, Page 1 of 4 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F benefits, or terms to H-GAC and the END USER. EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder, Proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H- GAC of such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Page 2 of 4 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F Aggregate limit of at least two times the Single Occurrence limit. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC. b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order. ARTICLE 10: CHANGE OF STATUS Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Agreement. ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle Page 3 of 4 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. Page 4 of 4 DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F Attachment A HigherGround, Inc. Record & Playback Systems Contract No.: RP07-20 Offeror HigherGround, Inc. Name: H-GAC Item Description Offered Product (Offeror may not change any description or add items) Price Code DA-0004-007K-RO-V5 Solid -State Collector Device with Windows 10 and 40GB storage S 1,236.88 DA-0048-OOOK-R5-V8 HG2U - Dual 2.4 GHz 6-Core E5-2620 processor, 64GB RAM, W2016, no Drives S 7,491.54 DA-0048-155K-R1-V8 HG2U - 3.5 GHz Quad -Core E5-1620 processor, 32GB RAM, 1 TB RAID1, W2016 S 5,341.06 DA-C l20-OOOK-R5-V8 HG4U - Dual 2.4 GHz 6-Core E5-2620 processor, 64GB RAM, W2016, no Drives $ 7,491.54 DA-C120-155K-R1-V8 HG4U - 3.5 GHz Quad -Core E5-1620 processor, 32GB RAM, 1 TB RAID1, W2016 S 5,341.06 4RUAID AP Chassis, 3.3GHz Intel Pentium G4400 Sklake, 16GB RAM, Windows 2016 Server, 1TB DA-P048-155K-R1-V8 $ 2,623.68 DA-CLBR-SWCR Calibre Core Software $ 2,392.95 DA-NG911-CORE NG Capture911 Core Software $ 2,345.09 Page 1 of 1 *0 �.Commercial E_L.E_CTR0 NICEa DATA -VOICE -VUEO REWRI]ING & MANAGEMEMTSOLUYM Commercial Electronics Corp 1318 N Brazos San Antonio, Texas 78207 (210) 736-3119 (800) 933-4077 FID 74-1504166 Bill To City of Fayetteville 100 West Rock Street City of Fayetteville, AR 72701 Ship To City of Fayetteville 100 West Rock Street City of Fayetteville, 72701 AR Phase I - Cisco full time recording All Cisco recording 1 DA-NG91 1 -CORE NG Capture911 Core Software 2 DA-NG91 1 -SWRL NG Capture911 Channel license. 3 DA-CISC-CUCM Cisco UCM License Fee 4 DA-NG91 1 -CDMS Cisco Dual Media Stream Recording Integration Vesta IP recording 5 DA-META-VESTA Vesta Metadata Integration 6 DA-NG91 1 -SWRL NG Capture911 Channel license. Support Software 7 DA-FSAR-0001 ACID Free Seating - Auto Record Quote Estimate# EST-1143 Estimate Date : 26 Apr 2022 Expiry Date : 31 Aug 2022 Reference# : HGAC Contract # RP07- 20 Sales person : Bill Behar 1.00 2,345.14 2,345.14 EA 20.00 311.09 6,221.80 EA 1.00 143.58 143.58 EA 2.00 2,866.81 5,733.62 EA 1.00 2,388.21 2,388.21 EA 8.00 311.09 2,488.72 EA 1.00 2,388.16 EA 8 DA-NGSC-SEAT 8.00 143.58 Screen Capture Workstation License EA 2,388.16 1,148.64 9 DA-REPL-0128 1.00 1,550.63 1,550.63 Replicate 128 Ports To Remote Server EA Phase I invoice amount 10 PRICE INCLUDES INSTALLATION AND TAXES OF $3,387.55 0.00 50,768.70 0.00 Phase II - Motorola p25 recording 11 DA-TRAD-MP25 1.00 80,404.80 80,404.80 Motorola P25 w/ 1 AIS EA 12 DA-P25-SWRL 28.00 325.45 9,112.60 P25 Talk Group Recording License - First 250 Talk Groups, each EA Phase II invoice amount 13 PHASE II 0.00 102,572.87 0.00 PRICE INCLUDES INSTALLATION AND TAXES OF $9,054.57. Total for Section "A" 14 Total for section "A" 0.00 114,513.34 0.00 Section "B" Cisco Concurrent recording - Phase 1 15 NG91 1 -SWRL-CON 25.00 500.00 12,500.00 NG911 Concurrent Channel Recording License - requires Cisco BiB EA included in Phase 1 16 VOIP-PORT 53.00 0.00 0.00 VoIP Per Port Interface EA Total For Section "B" 17 Total for Section "B" 0.00 12,500.00 0.00 C. Other Allowances, Discounts, Trade -Ins, Freight, Make Ready or Miscellaneous Charges 18 INSTALLCEC 1.00 9,350.00 9,350.00 Phase I EA Installation, software configuration and training 19 INSTALLCEC - 3rd party API 1.00 3,350.00 3,350.00 PHASEII EA Installation - API Integration Items in Total 152.00 Sub Total 139,125.90 Total Taxable Amount 139,125.90 Arkansas (9.75%) (9.75%) 13,564.78 Total $152,690.68 Notes Pricing by HGAC - Contract # RP07-20 We are looking forward to your business. Terms & Conditions Terms: 50% down / 50% on delivery We have been experiencing as much as a 6-week shipping delay on hardware items for existing orders. As such, our normal delivery expectation of 'A to 6 weeks after receipt of order" is adversely affected. We appreciate your understanding while we all adjust to our new economy. All new parts and labor are warranted for one year from delivery and installation. All hardware refresh ("HWRF-xxxx") parts must covered under separate maintenance unless otherwise noted. All repair parts and services are covered for 90 days. Commercial Electronics Corp. Recording Systems Offered Post -warranty Services Summary Tier I - The Software Only option is a 24-hour remote maintenance and software update plan. Most problems can be corrected quickly through remote access into the voice logging server. The system will also automatically report any malfunction directly to HigherGround and Commercial Electronics technical personnel who will then correct the problem perhaps even before it becomes evident to you. As new software features come available, they will be automatically downloaded to the system. (15% of list price of the system recording software and licensing or $1,350.00 minimum) Tier II - Exchange service includes the software maintenance above and defective board / module exchange of otherwise warrantable parts. Parts identified by the customer as defective will be pre -shipped by Commercial Electronics for immediate replacement. On -site labor required to replace parts is provided by the customer. (15% of list price of the entire recording system or $1,800.00 minimum) Tier lilt - Standard service continues the same service as that provided during the warranty period; i.e. 24-hour monitoring*, remote* software updates and covers all system hardware as well. Most malfunctions are typically not hard equipment failures, and can be corrected by re -initializing programs remotely. However, should an otherwise warrantable failure occur to the hardware, this plan covers all parts, labor and mileage during normal business hours. On -Site service does not apply to peripheral equipment, including keyboard, monitor, mouse, UPS or other easily replaceable external modules. (Approx. 20% of list price of the recording system or $2,100.00 minimum). Should after-hours service be required, the customer would be responsible for additional labor charges of $217.50 per hour. Tier IVt - 24-Hour service option (NOT AVAILABLE IN ALL AREAS) extends the standard service to full 24-hour response for equipment failures or other situations requiring an on -site technical presence. Standard repair service is provided from 8: 00 a.m. to 4:30 p.m., Monday through Friday. 24-hour service covers repair actions necessary to restore primary operation after normal business hours. ($750 + 25% of list price of the recording system or $3,300.00 minimum). * Hi -speed remote access is required for all Maintenance Agreements. tCEC may use a third -party service provider for certain on -site services under Tier III and IV. If no pre -paid maintenance coverage is chosen, Commercial Electronics will continue to provide service on a Time -and - Materials basis. Our current labor rate is $225.00 per hour plus parts; applicable mileage for on -site service is $1.50 per mile round-trip, from point of departure; after-hours service is billed at time and one half, $337.50. Customers under maintenance coverage receive a 10% discount on all out -of -warranty service parts and accessories. j/�►w� CONTRACT PRICING WORKSHEET 77`ill�1 For Catalog & Price Sheet Type Purchases Contract E RPQ7—ZQ No,: Date July 26, 2022 Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying :City of Faycttvillc Agency: Contractor: :Commercial Electronics Corp Contact Natisha Claypool, RPL Person: Prepared :Bill Behar Be: Phone: €479.587.3562 Phone: €210-547-2131 Fax: €479.587.3563 Fax: €210-737-1240 Email: €nclaypool(a.fayetteville-argov Email: bill@comelectronics.com Catalog / Price Sheet Name: General Description of Product: IF A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Quan Description Unit Pr Total SEE ATTACHED PROPOSAL FOR PRICING Total From Other Sheets, If Any: $ 114,513.34 Subtotal A: $ 114,513.34 B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total SEE ATTACHED PROPOSAL FOR PRICING $ Total From Other Sheets, If Any: $ 12,500.00 Subtotal B: $ 12,500.00 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction the percentage is: 10.9% C. Other Allowances, Discounts, Trade -Ins, Freight, Make Ready or Miscellaneous Charges Installation Phase I $ 9,350.00 Installation Phase II $ 3,350.00 Subtotal C: $ 12,700.00 AR TAX rate 9.75% 1 $ 13,564.78 Deliver Date:: 4-6 wks D. Total Purchase Price A+B+C : $ 153,278.12 •• to CECommercial ELECTRONICS STATEMENT OF WORK For City of Fayetteville AR HigherGround Recording Solution This Statement of Work identifies the general responsibilities of City of Fayetteville and Commercial Electronics Corp. (CEC) to ensure a successful installation of the HigherGround Voice Recording System. Please note that due to liability reasons, CEC personnel are not authorized to install, relocate, make connections to, troubleshoot, or adjust any equipment which is not purchased from, or otherwise supplied by CEC. CEC will contact the City of Fayetteville one week after receipt of the order to discuss the installation. CEC will provide a Pre -Installation Checklist (PIC), which provides specific site -preparation detail. The PIC must be signed and returned to CEC. The installation will be scheduled after the completed checklists are received to allow sufficient time to coordinate shipping, travel, and other commitments. Overview: The HigherGround recording system installation will consist of the following: • All new hardware and software for both chassis will be installed at the same time. • Existing software licenses will be moved from existing system to the new hardware. • Existing recordings will be moved to new hardware as City of Fayetteville requests. • The remote installation should take no more than two (2) days, however we will assist longer if needed. There may be additional remote installation required to complete the installation. DELIVERABLES: CEC will deliver the following: HARDWARE: - none SYSTEM SOFTWARE: Phase I- Cisco IP Built -in -bridge recording 20 full time IP recording 25 concurrent IP recording 8 Vesta IP recording Support Software Free seating Screen Capture Replication Phase II — Motorola RoIP 28 Talkgroup RoIP recording 1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077 San Antonio, Texas 78207 .:'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119 •• to CECommericial ELECTRONICS The following software modules and functionality are included as a part of all HigherGround recording solutions: NG 911 Voice Recorder: Digitally stores voice recordings in standard WAV format. Configurable to record continually, on a schedule, or record -on -demand. Real -Time -Monitor: Authorized users can monitor telephone calls real-time. Control Tower: A core component of all HigherGround solutions that allows you to monitor your system, manage recordings, retrieve data and delegate access from a single point of control. Control Tower also gives the ability to grant full or limited access based on individuals and/or departments with usage audits. ANIIALI Integration: The capture of ANI (Automatic Number Identification) and/or ALI (Automatic Location Information) data for greater detail in reports. I'm Alive TM: We monitor your systems, even when you don't. Our unique system is designed to let us know if your system is down. I'm Alive also monitors your network connections, PBX, servers or applications. Dashboard - SMS Capture, Adjustable docking window framework that enable authorized users and dispatchers to customize layouts containing various categories of information. Stand -Alone CD: Records incidents and playback software that can be burned onto portable CD securely locking recordings on the CD with pass code permissions ACID Free -Seating Integration: Allows recordings to be associated to agents in a free - seating environment regardless of which station they are working from. NG 911 Dispatcher Evaluator: Customizable agent grading forms for voice and screen evaluation during playback, or in real-time. Replication: Makes a second copy of recordings to a recorder or a second server, either onsite or remote, through a WAN connection. Redaction: Allows the user to redact certain parts of the recording while keeping the original recording in tack and .save as a wav file and/or save to the database for later retrieval. HigherGround` Authorized Reseller 1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077 San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119 •• to CECommercial ELECTRONICS STAGING: City of Fayetteville will designate the hardware to stage the recording software. The hardware must be suitable to house the HigherGround software. CEC technical personnel will install the recording software on provided hardware. See attached Hardware specifications. A physical network port will need to be provide for each IP recording solution. AUDIO CONNECTIVITY: City of Fayetteville will ensure all audio sources to be recorded are available prior to installation by terminating them within sufficient proximity of the recorder location to accommodate placement and serviceability. A variety of standard termination methods are available and will be discussed during the site preparation phase. City of Fayetteville will provide labeling/documentation of which station is terminated on each cable pair. DATA INTEGRATION: City of Fayetteville will provide a live data feed via IP to the system along with documentation of the connection details (speed, data bits, stop bits and parity or IP address and port #) for each data source being integrated. In all cases, City of Fayetteville will provide working access to the required data. Neither CEC nor HigherGround are responsible for delivery of data related functionality until working connections are established and proper data is delivered. City of Fayetteville will provide via email a sample data stream with documentation for all data that will be used within the HigherGround system as soon as possible for evaluation prior to installation. Lack of a sample data stream may result in a delay of full implementation of the recording system functionality. CEC will connect the data feed to the system and configure the system to populate the data in replay software GUI. NETWORK ACCESS: City of Fayetteville will provide a single LAN connection within sufficient proximity to the recorder location to accommodate placement and serviceability, if network operation is desired; i.e. replay, live monitoring, etc. The City of Fayetteville must establish network communications between, and provide proper permissions for, administrators, users groups and the central archive with the recording system. CEC will ensure the system is accessible through the LAN and install shortcut icons on up to four workstations. HigherGround` Authorized Reseller 1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077 San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119 •• to CECommericial ELECTRONICS VERIFICIATION 1 ACCEPTANCE: CEC will verify that all functionality of the recording system, as listed in the DELIVERY section, is fully operational — ref. Remote Installation Checklist. CEC will note any discrepancies preventing verification, such as audio or data sources, network access or permissions, or other environmental factors outside the control of CEC. City of Fayetteville will accept the system upon verification of all primary recording system functions. If certain functions cannot be verified due to connectivity issues outside the control of CEC which prevent full installation, the system will be deemed "Delivered and Accepted" at the time of initial installation for billing purposes. Payment terms of the original order will not be affected. Incomplete site preparation, including audio source wiring, and data delivery are examples of connectivity issues. TRAINING: CEC will provide three general levels of on-line training at the time of the installation. A brief overview of each is provided below. If necessary, multiple training sessions may be scheduled to accommodate shift personnel. System Administrator- training will be done during installation and setup. Setup includes configuring channels, assigning usernames and passwords, installing desktop short cuts, establishing network access, and set up of alarm notifications, etc. City of Fayetteville's IT personnel should be involved in this to the greatest extent possible. Agent —training is provided immediately upon system set up. Training is generally very quick; most people already familiar with Windows will become expert users on retrieving, replaying, and saving calls in a matter of minutes. Training can be done at the individual desktops, or in a classroom environment, depending on the number of users. Supervisor - training covers the reporting capabilities of the recording system. The level of data integration and the specific reporting modules ordered, (i.e. Agent Evaluator, ANUALI, Screen Capture, etc.) with the system will greatly affect when training is done and how long training will take. Agent Evaluator- training modules require one- to two-hour sessions each. Agent Evaluator training mainly focuses on customization to meet your specific grading criteria and performance parameters, possibly incorporating any existing City of Fayetteville evaluation material. This training will take place 3-4 weeks after installation. This gives personnel time to use the system and become familiar with the basics. CEC will provide refresher, specialized, and advanced training, as may be required after system installation, via remote webinars. HigherGround` Authorized Reseller 1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077 San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119 •• to CECommercial ELECTRONICS MAINTENANCE: City of Fayetteville will maintain an environment conducive to computer equipment operation. City of Fayetteville will bear sole responsibility for ensuring the recording system is protected against infiltration by malicious software programs known as "viruses" or "worms". City of Fayetteville will be responsible for eradication of same, and any cost associated with recovering lost or damaged data due to such malicious software programs. During the first -year warranty period, CEC will provide 24-hour remote alarm monitoring, as well as recording software updates as available. City of Fayetteville will make the recording system accessible to the service representative via remote access for scheduled updates and maintenance at times acceptable to both parties. Remote access may be provided by City of Fayetteville via modem line, TCP/IP connection or other method mutually acceptable to both parties. For any reported problem with the recording system, City of Fayetteville will assist the technician by providing a complete and accurate description of the trouble symptoms over the phone, performing any routine front panel functions, including removing and reapplying main power to the unit as instructed, prior to CEC dispatching a technician for remote service. All our technicians have been background checked by numerous other agencies by providing driver license number, address, date of birth., etc., and we can do likewise for City of Fayetteville if they want to perform background check too. Additionally, we have individually and collectively signed Nondisclosure agreement for specific agencies when requested. However, CEC personnel do not handle Criminal Justice information. 1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077 San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0694 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $346,580.00 TO FUND SITE PREPARATION WORK PRIOR TO THE INSTALLATION OF THE THERMAL DRYER AT THE BIOSOLIDS MANAGEMENT SITE 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 in the amount of $346,580.00 to fund site preparation work prior to the installation of the thermal dryer at the Biosolids Management Site, contingent upon approval of the Drying as a Service Agreement with Griffin Residuals. City of Fayetteville, Arkansas Page 1 Printed on 811012022 City of Fayetteville Staff Review Form 2022-0694 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 7/28/2022 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends a budget adjustment in the amount of $346,580.00 to allow the City to purchase materials for preparation work before the thermal dryer at the Biosolids Management Site can be installed. Budget Impact: 5400.730.5800-5400.00 Water and Sewer Account Number Fund 02032.1 WWTP Building Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 3,792,448.00 Funds Obligated $ 825,277.15 Current Balance $ 2,967,170.85 Does item have a cost? Yes Item Cost $ 346,580.00 Budget Adjustment Attached? Yes Budget Adjustment $ 346,580.00 Remaining Budget S 2,967,170.85 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: July 28, 2022 CITY COUNCIL MEMO SUBJECT: Budget Adjustment for Preparation Work for the Thermal Dryer at the Biosolids Management Site RECOMMENDATION: Staff recommends a budget adjustment in the amount of $346,580.00 to allow the City to purchase materials for preparation work before the thermal dryer at the Biosolids Management Site can be installed. BACKGROUND: Griffin Residuals, LLC will be providing equipment and biosolids drying services pending the approval of the Drying as a Service Agreement (DaaS) at the August 16, 2022, City Council Meeting. Per the Agreement the City needs to do some preparation work at the Biosolids Management Site (BMS) before the thermal dryer can be installed by Griffin Residuals. DISCUSSION: The preparation work required before the dryer can be installed includes running new water lines, upsizing the electrical capacity, building firewalls, pouring concrete, and other improvements to the designated dryer building at the BMS. The City will purchase the materials and Jacobs will provide the labor under the existing Operations contract. The materials and labor are estimated at $346,580.00 and includes a 20% contingency of $53,320.00. This budget adjustment request is contingent on City Council approval of the DaaS agreement with Griffin Residuals, LLC. Staff recommends approval of a budget adjustment to allow the City to complete the required work before Griffin Residuals installs the thermal dryer at the BMS. This item will be presented to the Water & Sewer Committee at its regularly scheduled meeting on August 9th, 2022. BUDGET/STAFF IMPACT: The budget adjustment will move funds from the Lake Sequoyah Dredging account to the WWTP Building Improvements account to cover the costs of the preparation work. Attachments: Cost Estimates Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY INSTALLATION COSTS FOR DRYING AS A SERVICE Item Cost Notes Install Electrical Service $ 150,000 Jacobs will install Scale $ 6,000 Includes shipping, 4-20 milliamp output for input to SCADA. Jacobs will install Drywall $ 1,500 Jacobs will install Drywall Hardware $ 150 Jacobs will install Cooling Tower slab $ 1,000 Jacobs will form, set rebar and finish concrete. Est. 6 CY Velocity Stack slab $ 1,000 Jacobs will form, set rebar and finish concrete. Est. 6 CY Concrete Delivery from APAC $ 600 Might be 2x $150 if they cannot fit 12 CY on a roller truck Barrier Blocks- 50 blocks at $60 per $ 3,000 Jacobs will install Metal- Framing for Drywall $ 1,000 Jacobs will install Estimate for electric gear boxes and motors $ 75,000 Jacobs will install Lumber- framing above divider wall $ 500 Jacobs will install. Use existing polycarbonate for barrier. Machine Skate Rental 1 week $ 350 Natural Gas Installation $ 6,000 In -House Water & Sewer Installations $ 20,500 Subtotal $ 266,600 Contingency (20%) $ 53,320 Estimated Taxes (10%) $ 26,660 Total $ 346,580 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2022 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Griffin Residuals, LLC will be providing equipment and biosolids drying services pending the approval of the Drying as a Service Agreement (DaaS) at the August 16, 2022, City Council Meeting. Per the Agreement the City needs to do some preparation work at the Biosolids Management Site (BMS) before the thermal dryer can be installed by Griffin Residuals. RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0694 Hovy 3lack� 712812022 11:25 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220718 Account Name 5400.730.5800-5400.00 346,580 - 02032 1 EX Building & Grounds - Maintenance 5400.720.5600-5808.00 (346,580) - 17004 1 EX Improvements - Water Line H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0694 Prep Work for Biosolids Thermal Dryer 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0681 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.8 AMENDMENT NO. 1, MILLER BOSKUS LACK ARCHITECTS, P.A.: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH MILLER BOSKUS LACK ARCHITECTS, P.A IN THE AMOUNT OF $754,200.00 FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE YVONNE RICHARDSON COMMUNITY CENTER EXPANSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 PARK IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 1 to the Professional Architectural Services Agreement with Miller Boskus Lack Architects, P.A., in the amount of $754,200.00 for architectural services associated with the Yvonne Richardson Community Center Expansion. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Wade Abernathy City of Fayetteville Staff Review Form 2022-0681 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: 7/27/2022 Staff recommends approval of amendment #1 to RFQ 19-01 contract with Miller Boskus, Lack Architects, P.A. in the amount of $754,200.00 for architectural services for the YRCC Expansion project and approval of a budget adjustment. Budget Impact: 4705.860.7540-5860.02 Parks Projects 2022 Bonds Account Number 46050.7540 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Park Projects - YRCC Enhancements Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 19,173.00 $ 19,173.00 $ 754, 200.00 $ 754, 200.00 $ V20210527 2020-00000798 Previous Ordinance or Resolution # #247-20 1 Approval Date: #2020-00000068 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Allison Jumper, Director Parks, Natural Resources and Cultural Affairs FROM: Wade Abernathy, Director Bond and Construction Projects DATE: July 27, 2022 SUBJECT: Approval of amendment #1 to RFQ 19-01 contract with Miller, Boskus, Lack Architects, P.A. in the amount of $754,200.00 for architectural services for the YRCC Expansion project and approval a budget adjustment. RECOMMENDATION: Staff recommends approval of amendment #1 to RFQ 19-01 contract with Miller Boskus, Lack Architects, P.A. in the amount of $754,200.00 for architectural services for the YRCC Expansion project and approval of a budget adjustment. BACKGROUND: In October of 2020, Council passed resolution 247-20 approving a contract with MBL for architectural services for the YRCC expansion project. The contract identified fees associated with all phases of services, however only appropriated funds for phase 1 which included master planning and schematic design based on a projected budget of $1,000,000. DISCUSSION: This amendment is for an increase in schematic design, as well as the remaining architectural services of design development, construction documents, and contract administration. The revised fee includes Buddy Hayes Park and an increased construction budget that resulted from a $1.4M Walton Family Foundation Grant. BUDGET/STAFF IMPACT: Unallocated Bond Funds will be used for this amendment. Attachments: Amendment #1. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARCHITECTURE Proposal for Architectural Services Project: Additions and Renovations For: Yvonne Richardson Center 240 E Rock St Fayetteville, Arkansas Date: June 3, 2020 (Revised June 19,2022) (Revised July 26, 2022) Scope of the Work: Boundary Survey (optional) MBL will hire Olsson Engineers to perform a boundary survey of the property +1 Topographic Survey (Optional) MBL will hire Olsson Engineers to perform a topographic survey if the property Phase I Programming / Marketing Materials MBL will hold up to three programming meetings with City and Richardson Center representatives. Through the programming sessions we will determine the size and location of the multi -purpose room and kitchen and the use and configuration of the rooms. The deliverable in this phase will be a spreadsheet with a listing of rooms and functional diagrams of the spaces. Phase I is complete as of the June 19, 2022 revision. Schematic Design Through the Schematic Design process MBL will generate design ideas relative to form and materiality of the spaces. Through this process we will generate floor plans and three dimensional images of the building and addition. We will hire Alli Quinlan to provide Landscape Architecture services for the site parking and parks portions of the project. We will provide marketing materials for the project and budget the project for prioritization. One portion of the marketing material to be provided will be an illustrative master plan. Phase II Design Development Upon approval of the Schematic Design MBL will proceed with further detail in the Architectural, MEP Engineering, Civil Engineering, Landscape Architecture, and Structural Engineering Design. In this phase MBL and their consultants will work with the Owner to further define site drainage and grading schemes, planting schemes, building finish materials, HVAC equipment type, and specialty lighting for the spaces. The Phase 11 work will be targeted only on the portion of work from the phase I analysis that fits into the budget at the time of commencement of Phase II. Construction Documents MBL will Produce drawings and specifications of a detailed nature for the permitting, bidding, and construction of the work. Construction Contract Administration As an advocate of the Owner's contract with the General Contractor the Architect will: Attend semi- monthly progress meetings, Review the completion of the work to verify that it is in general compliance with the Construction Documents, Review submittals and shop drawings to verify that they are in general compliance with the Construction Documents, Interpret and amend the Construction Documents, Administer change orders, review and certify the contractor's monthly Applications for Payment, and review and deliver to the owner the close out documents package (including as -built drawings) which will be compiled by the contractor in accordance with the requirements of the project specifications. 2397 Green Acres Road, Fayettevi I le, Arkansas 72703 Phone: 479.443.7121 E-mail: audy@mbl-arch.com Fax: 479.443.7139 Basic Services: Architecture, Landscape Architecture, Civil Engineering, MEP Engineering, and Structural Engineering for the above referenced project. Basic Services Compensation: We propose to serve this project for the fixed fee structure listed below. Basic Services: Pregrromminn/SGhernatin Design (Already Paid), $27,390. Survey Building Expansion $9,000.00 Park $3,000.00 Street Improvements $4,000.00 $16,000.00 Schematic Design Building Expansion $57,237.50 Park $19,687.50 Street Improvements $57,750.00 $134,67500 Design Development Building Expansion $53,750.00 Park $20,000.00 Street Improvements $56,937.50 $130,687.50 Construction Documents Building Expansion $125,625.00 Park $46,625.00 Street Improvements $135,000.00 $307,250.00 Contract Administration Building Expansion $74,637.50 Park $24,287.50 Street Improvements $66,662.50 $165,587.50 Total Building Expansion $320,250.00 Total Park $113,600.00 Total Street Improvements $320,350.00 Total Proposal $754,200.00 Additional Services: If the scope of work changes appreciably during the project a request will be issued for increase of the fee amount. Additional Services Compensation: Compensation for additional services shall be billed at our hourly rates or at an agreed upon fixed fee. (see attachment for hourly rates) Reimbursable Expenses: Shall be billed at a rate of 1.1 times the cost incurred. Schedule: As mutually agreed upon. Assumptions: A written book of specifications will be provided for this project. Soils investigation will be by others, under direct contract with Owner. Architect Miller Boskus Lack Architects, P.A. 2397 Green Acres Dr. Fayetteville, Arkansas 72703 Audy G. Lack, AIA Date: Client City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Authorized Representative Date: Rate Schedule updated July 19, 2022 MBL Principal $225 per hour Senior Project Architect $195 per hour Specification Writer $195 per hour Director of Urban Design $195 per hour Interior Architect $175 per hour Project Architects III $175 per hour Project Architects II $165 per hour Project Architects 1 $145 per hour Interior Designer $155 per hour Project Managers $165 per hour 3-D Modeler $165 per hour Administrative $ 80 per hour Flintlock Principal Architect $250 per hour Project Landscape Architect $145 per hour Landscape Designer/Drafter $ 95 per hour Reduced Hourly Entitlement, Town Meetings, and Exhibits $200 per hour Reduced Hourly CA Rate $160 per hour Administration $ 70 per hour Olsson Office Leader $235 per hour Team Leader $210 per hour Senior Engineer $175 per hour Project Engineer $145 per hour Assistant Engineer $100 per hour Senior Landscape Architect $168 per hour Associate Landscape Architect $98 per hour Senior Technician $108 per hour CA Senior Technician (Inspector) $98 per hour Senior Surveyor $110 per hour Survey Team (2-Person) $160 per hour Admin/Clerical $95 per hour City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 PARKS &RECREATION (520) 2022 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of amendment #1 to RFQ 19-01 contract with Miller Boskus, Lack Architects, P.A. in the amount of $754,200.00 for architectural services for the YRCC Expansion project and approval of a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0681 H auy 31ar1 712 712 02 2 1:36 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL - - Increase / (Decrease) Account Number Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220718 Account Name 4705.860.7540-5860.02 754,200 - 46050 7540 EX Capital Prof Svcs - Engineering/Architectu 4705.860.7999-5899.00 (754,200) - 46050 7999 EX Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0681 BA CAI MBL YRCC Exp 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0682 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.9 CHANGE ORDER NO.5 JBZ, INC. D/B/A ELLINGSON CONTRACTING: A RESOLUTION TO APPROVE CHANGE ORDER NO. 5 TO THE CONTRACT WITH JBZ, INC. DB/A ELLINGSON CONTRACTING IN THE AMOUNT OF $148,038.00 FOR ADDITIONAL CONSTRUCTION ASSOCIATED WITH THE WOOLSEY FARMSTEAD RESTORATION PROJECT WHEREAS, on November 5, 2019, the City Council passed Resolution 245-19 to approve a contract with JBZ, Inc. d/b/a Ellingson Contracting for Phase 1 of the restoration and reconstruction of the Woolsey Farmstead; and WHEREAS, Change Order No. 5 authorizes interior restoration work including wood trim, floors, fireplace mantels, interior doors and hardware, and exterior ramps. 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 Change Order No. 5 to the contract with JBZ, Inc. d/b/a Ellingson Contracting in the amount of $148,038.00 for interior restoration work and exterior ramps associated with the Woolsey Farmstead Restoration Project. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Quin Thompson Submitted By City of Fayetteville Staff Review Form 2022-0682 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2022 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of Change Order #5 to Bid 19-39 with JBZ inc., for the restoration of the Woolsey Historic Farmhouse in the amount of $148,038.00. 4470.090.8900-5400.00 Account Number 15008.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 4470-Sales Tax Capital Fund Woolsey Homesterad Historic Restoration Project Title Current Budget $ 310,603.00 Funds Obligated $ 140,694.80 Current Balance 15 169,908.20 Item Cost $ 148,038.00 Budget Adjustment $ - Remaining Budget $ 21,870.20 V20210527 2019-00000782 Previous Ordinance or Resolution # 253-21 5 Approval Date: 2019-00000052 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Wade Abernathy, Director Bond and Construction Projects FROM: Quin Thompson, Manager Facilities and Building Maintenance DATE: 7/27/2022 SUBJECT: Approval of Change Order #5 with JBZ, Inc. for Restoration of the Woolsey Historic Farmhouse RECOMMENDATION: Staff recommends approval of Change Order #5 with JBZ, Inc. for the restoration of the Woolsey Historic Farmhouse in the amount of $148,038.00, BACKGROUND: This has been a multi -phased restoration contract started in late 2019. Administration with City Council approval has appropriated Capital Improvement funds each year thru 2024. To date, the house restored back to its 1850's structure with porch, siding, shingles and windows. DISCUSSION: The scope of this change order will allow interior restorations to begin to include wood trim, floors, fireplace mantels, interior doors and hardware, and exterior ramps. Future improvements will include Chimneys, pathways, gravel parking, and potato house restorations. BUDGET/STAFF IMPACT: This change order is funded by the 4470 Sales Tac Capital Improvement Fund previously approved by council in the 2022 Budget. Attachments: Change Order #5. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 C ellingson contracting CHANGE ORDER REQUEST #5 Date: 7/1/2022 To: Aaron Ruby Revival Architecture Re: Woolsey Historic Farmhouse Renovation 535 S. Broyles Ave, Fayetteville, AR Fayetteville, AR 72701 Description of Proposed Change: Ellingson Contracting PO Box 7202 Siloam Springs, AR 72761 PR #4 - Complete House Scope of Work: - Complete buillding interior, exterior ramp, and topsoil/seeding in the yards per PR #4 drawing set including sheets A-1.1, A- 2.0, A-3.0, A-4.1, & A-5.1 with revisions dated 2/10/2022, and ramp details from sheet A-1.1 dated 6/28/2019. Exclusions: ADA parking or paths. Chimney's Line Item Breakout Description Total General Conditions $ 28,633 Mezzanine Handrail & Framing $ 5,431 Wood Trim $ 6,592 Fireplace Mantles $ 10,832 Shiplap Siding & Wall $ 20,232 Shutters $ 9,950 Newel Post $ 3,358 Interior Door $ 6,505 Hardware Allowance $ 3,600 Flooring $ 16,397 Exterior Ramp, Rail, and Topsoil $ 13,889 Subtotal $ 125,419 Sales Tax (10%) $ 6,334 Insurance (1.5%) $ 1,976 Bond (2.5%) $ 3,343 Fee (8%) $ 10,966 Lump Sum Total $ 148,038 Upon your approval, we intend to make this change/addition immediately. If you have any questions please feel free to contact me. Sincerely, o�� e , g4� Chris Hobby Ellingson Contracting Director of Preconstruction Name Signature Date Acceptance of Change City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0683 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.10 NABHOLZ CONSTRUCTION CHANGE ORDER 11, CULTURAL ARTS CORRIDOR: A RESOLUTION TO APPROVE CHANGE ORDER NO. 11 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $4,984,952.00 FOR WEST AVENUE IMPROVEMENTS AND THE GREENWAY TRAIL IMPROVEMENTS RELATED TO THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2022 CULTURAL ARTS CORRIDOR BOND PROJECT WHEREAS, on October 2, 2018, the City Council passed Resolution 217-18 to approve a Construction Manager at Risk Services Contract with Nabholz Construction Corporation for services related to Phase 1 of the Cultural Arts Corridor Project; and WHEREAS, Change Order No. 11 will include work on West Avenue from Meadow Street to Dickson Street and the Greenway Trail Improvements from Meadow Street to Spring Street. 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 No. 11 to the Construction Manager at Risk Services Contract with Nabholz Construction Corporation, a copy of which is attached to this Resolution, in the amount of $4,984,952.00 for the work on West Avenue from Meadow Street to Dickson Street and the Greenway Trail Improvements from Meadow Street to Spring Street, related to Phase 1 of the Cultural Arts Corridor Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2022-0683 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2022 Submitted Date Action Recommendation: FACILITIES MANAGEMENT (140) Division / Department Approval of Change Order #11 to RFQ 18-11 with Nabholz Construction for the Arts Corridor project in the amount of $4,984,952.00 for West Avenue improvements from Meadow Street to Dickson Street and the Greenway Trail improvements from Meadow Street to Spring Street, and approval of a budget adjustment. Budget Impact: 4708.860.7800-5809.00 Arts Corridor Bond Projects 4470.170.8170-5315.00 Sales Tax Capital Improvements Account Number 46080.7800 09028.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Fund Arts Corridor Improvements Fiber Optic Cable Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 4,194,708.00 $ 3,706,480.84 $ 488,227.16 $ 4,984,952.00 $ 4,949,772.00 453,047.16 V20210527 Purchase Order Number: Previous Ordinance or Resolution # 309-321 Change Order Number: 11 Approval Date: Original Contract Number: 2018-00000042 Comments: A new Purchase Order will be established for Phase 11 Bond Projects. CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Construction Projects DATE: 7/27/2022 SUBJECT: Approval of change order #11 to RFQ 18-11 with Nabholz Construction for the Arts Corridor project and approve a budget adjustment. RECOMMENDATION: Staff recommends approval of change order #11 with Nabholz Construction on the Arts Corridor project in the amount of $4,984,952.00 for the West Avenue Street Improvements from Meadow Street to Dickson Street and Greenway Trail Improvements from Meadow Street to Spring Street. BACKGROUND: With the Phase 1 Arts Corridor Bond Project nearing completion, staff recommends moving forward with this portion of the project to avoid any remobilization charges and future escalations as we await the completion of the replacement parking deck. Allowing the early start of this phase will also help maintain the completion schedule of the overall Arts Corridor project. DISCUSSION: This change order includes West Avenue Improvements from Meadow Street to Dickson Street and Greenway Trail Improvements from Meadow Street to Spring Street. BUDGET/STAFF IMPACT: Unallocated Bond funds will be used for this change order. This BA will also reverse the General Fund loan approved on 05/17/22 with resolution 123-22. Purchase Order Detail GLACCOUNT PROJECT AMOUNT 4708.860.7800-5809.00 46080.7800 $ 4,949,772 4470.170.8170-5315.00 09028.1 $ 35,180 TOTAL $ 4,984,952 Attachments: Change Order #11 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 �NTE6BIrY 1� City of Fayetteville Upper Ramble Phase Fayetteville, AR Exhibit A: Guaranteed Maximum Price July 27, 2022 Executive Summary Pricing Nabholz presents this Guaranteed Maximum Price dated July 27, 2022 for the Upper Ramble Phase 1. Based on the Construction Documents provided by Nelson Byrd Woltz, we propose a Guaranteed Maximum Price of $4,984,952. A more detailed estimate is enclosed for your review. Scope of Work The following allowances have been included in the GMP: 1. An allowance of $10,000 for unsuitable soils. 2. An allowance of $25,500 for restoration of the laydown area to the south of the library. The following are the accepted alternates that were requested and have been incorporated into the GMP: 1. DEDUCT - $229,886 to eliminate the streets work from the intersection of Spring St. to Meadow St. 2. DEDUCT - $293,921 to remove relocating the overhead lines to underground. The following are items which have been excluded from the GMP: 1. A Building Permit has not been included. Bid Documents The Guaranteed Maximum Price is based upon the following Construction Bid Documents. Drawings and specifications provided by Nelson Byrd Woltz, dated April 22, 2022. 0 Addendum #1 issued July 14, 2022. 111S�17ilr � I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 GMP PROJECT NAME Upper Ramble Phase 1 PROJECT LOCATION Fayetteville , AR REVIEW DATE 7/27/2022 ARCHITECT Nelson Byrd Woltz ESTIMATED DURATION 10 Mo ob Phase Nabholz Description Grand Total Amount 01 Upper Ramble Phase 1 01-7423 Final Cleaning Speedy Cleaners 3,638 01-7423 Final Cleaning 3,638 05-1205 Metal Fabrications (Supply & Install) STI 19,509 STI Street Deductive Alt. (1,219) 05-1205 Metal Fabrications (Supply & Install) 18,289 06-2000 Carpentry Nabholz Carpentry 9,908 06-2000 Carpentry 9,908 07-1000 Joint Sealants Crum & Marshall 3,493 Crum & Marshall Street Deductive Alt. (182) 07-1000 Joint Sealants 3,311 26-1000 Electrical Original scope allownace 1,237,394 Laydown Area Restoration Electrical Allowance 5,080 Street Deductive Alt. (46,231) OH Electric Line Deductive Alt. (30,482) Conduit for IT Connectivity Project 35,180 26-1000 Electrical Allowance: contractor to be selected 1,200,941 31-0000 Earthwork, Storm Drainage and Asphalt Oelke 1,409,724 Unsuitable Soils Allowance 10,161 Oelke Street Deductive Alt. (98,559) Oelke Asphalt Scope VE (215,407) 31-0000 Earthwork, Storm Drainage and Asphalt 1,105,918 32-1723 Pavement Markings and Signage Marking Systems 21,222 Marking Systems Street Deductive Alt. (652) 32-1723 Pavement Markings and Signage 20,569 32-4750 Site Concrete Nabholz Concrete 615,190 Nabholz Concrete Street Deductive Alt. (58,735) 32-4750 Site Concrete 556,455 32-9323 Landscaping & Irrigation Sharum 164,952 Laydown Area Restoration Sod Allowance 18,289 Laydown Area Restoration Irrigation Allowance 2,540 Sharum Street Deductive Alt. (10,669) Permeable Pavers VE (90,540) 32-9323 Landscaping & Irrigation 84,573 01 Upper Ramble Phase 1 3,003,602 GMP PROJECT NAME Upper Ramble Phase 1 NACT LOCATION Fayetteville , AR 22 001Z PROJ REVIEW ARCHI ECT Nelson Byrd Woltz ESTIMATED DURATION 10 Mo Estimate Totals Cost of Work 3,003,602 3,003,602 Building Permit Fee NIC Building Permit NIC 3,003,602 General Liability 35,997 Builder's Risk 4,235 Performance Payment Bond 21,175 Insurance & Bonds 61,407 3,065,009 GCs & GRs 959,899 Entenrity Sustainability, Consulting 5,660 GCs & GRs 965,559 4,030,568 Preconstruction Services Fee 10,000 Proiect Fee 194,384 Contractors Fee 204,384 4,234,952 Owner Contingency 750.000 Construction Contingency 750,000 4,984,952 Total 4,984,952 4.590 PROJECT CONFIDENTIAL Property of Nabholz Construction Corporation Not for Duplication or Distribution This document includes data that is deemed trade secret or proprietary to Nabholz and prepared in conjunction with the Project. This document is shared with the Project team solely for use on this Project consistent with the responsibilities of the Project team. The Recipients shall not duplicate, use, or disclose, in whole or in part, to any person, entity, or party outside the Project team without Nabholz' prior written authorization. FCAC Phase II NA01Z Early Streetscape Package Activity ID Activity Name Original Duration Start Finish 2023 Q3 Q4 Q1 Q2 Q3 A1000 A1010 A1020 A1030 A1040 A1050 A1150 . , Gose West Ave. from Meadow St. to Dickson St. • . •�. Od 10d • . • . 9-6-22* 9-6-22 9-19-22 5-29-23, FCAC Phase III —Civic Plaza 5-29-23, West Ave. from Meadow St. to Dickson ♦ Gose West Ave. from Meadow St. to Dickson St. 01ma Install SWPPP BMPs 1 Install Temp. Traffic Control Signage . ......... Demo Asphalt, Sidewalk, and Curb & Gutter Demo Existing Storm Drainage Install Storm Drainage Pipes and Structures Install Water Line Install Underground Electrical' Rough Grading Install Curb & Gutter Adjust SS Manholes InstallApproaches O Install Storm Drainage Box Tops ......... ......... __..... O Install Paverdrain System Install Driveways Install Sidewalks Final Grading O Adjust Existing Storm Drainage Grates to Grade O Install Furnishings 0 Install Light Pole Bases E� Tree Wells and Top Soil 0 Asphalt: Binder Course IMI Asphalt Paving .......... Install Landscaping O Install Light Poles O Install Pavement Markings & Signage M Remove SWPPP BMPs 0 Remove Temp. Traffic Control Signage ♦ Open West Ave. from Meadow St. to Dickson St. 11-25-22, Greenway from Center St. to Meadow St. ♦ Gose Greenway from Center St. to Spring St. 1 Install SWPPP BMPs I Install Temp. Traffic Control Signage ......... :....... I Install Tree Protection 1 Protect Existing Block Retaining Walls to Remain 1 Demo Existing Block Retaining Walls to be Demolished ■ Demo Trail Install Underground Electrical IMI Install Concrete Retaining Walls O Install Handrail Install SWPPP BMPs Install Temp. Traffic Control Signage 2d 9-6-22 9-7-22 Demo Asphalt, Sidewalk, and Curb & Gutter 10d 9-20-22 10-3-22 Demo Existing Storm Drainage 10d 10-4-22 10-17-22 Install Storm Drainage Pipes and Structures 30d 10-18-22 11-28-22 Install Water Line 30d 11-1-22 12-12-22 A1170 A1060 A1070 A1240 A1080 A1210 A1280 A1090 A1100 A1110 A1260 A1220 A1180 A1160 A1120 A1130 A1230 A1270 A1140 A1410 A1420 A1430 A1440 A1450 A1460 A1470 A1480 A1490 A1510 A1540 A1560 A1570 Install Underground Electrical 30d 11-15-22 12-26-22 Rough Grading 10d 12-20-22 1-2-23 Install Curb & Gutter 25d 1-3-23 2-6-23 Adjust SS Manholes 15d 1-17-23 2-6-23 Install Approaches 10d 131-23 2-13-23 Install Storm Drainage Box Tops 25d 2-7-23 3-13-23 Install Paverdrain System 15d 2-7-23 2-27-23 Install Driveways 10d 2-14-23 2-27-23 Install Sidewalks 20d 2-28-23 3-27-23 Final Grading 15d 2-28-23 3-20-23 Adjust Existing Storm Drainage Grates to Grade 15d 3-14-23 4-3-23 Install Furnishings 5d 3-21-23 3-27-23 Install Light Pole Bases 15d 3-28-23 4-17-23 Tree Wells and Top Soil 10d 3-28-23 4-10-23 Asphalt Binder Course 5d 4-4-23 4-10-23 Asphalt Paving 5d 4-11-23 4-17-23 Install Landscaping 30d 4-11-23 5-22-23 Install Light Poles 5d 4-11-23 4-17-23 Install Pavement Markings &Signage 5d 4-18-23 4-24-23 Remove SWPPP BMPs 5d 5-23-23 5-29 23 Remove Temp. Traffic Control Signage 2d 5-23-23 5-24-23 Open West Ave. from Meadow St. to Dickson St. Gose Greenway from Center St. to Spring St. Od 10-3-22* 5-29-23 Od Install SWPPP BMPs 1d 10-3-22 10-3-22 Install Temp. Traffic Control Signage 1 d 10-3-22 10-3-22 Install Tree Protection 1d 10-3-22 10-3-22 Protect Existing Block Retaining Walls to Remain 2d 10-4-22 10-5-22 Demo Existing Block Retaining Walls to be Demolished 2d 10-6-22 10-7-22 Demo Trail 4d 10-10-22 10-13-22 Install Underground Electrical 10d 10-14-22 10-27-22 Install Concrete Retaining Walls 7d 10-14-22 10-24-22 Install Handrail 5d 10-25-22 10-31-22 Actual Work Critical Remaining Work VmmmmmI Summary Printed 7-26-22 0 Remaining Work ♦ ♦ Milestone Page 1 of 2 Activity ID Activity Name Original Duration Start Finish A1520 Grade Trail 2d 10-28-22 10d 11-1-22 10-31-22 A1580 Install Concrete Trail 11-14-22 A1530 Install Light Pole Bases 3d 11-11-22 11-15-22 A1650 Install Landscaping 5d 11-16-22 11-22-22 A1670 Install Light Poles 5d 11-16-22 11-22-22 A1630 Install Pavement Markings 1d 11-23-22 11-23-22 A1640 Install Passive Detection Bollards 2d 11-23-22 11-24-22 A1680 Remove SWPPP BMPs 1d 11-25-22 11-25-22 A2340 Remove Temp. Traffic Control Signage 1d 11-25-22 11-25-22 A1610 I Open Greenway from Center St. to Spring St. Od 11-25-22 Actual Work Critical Remaining Work VmmmmmI Summary Printed 7-26-22 O Remaining Work ♦ ♦ Milestone Page 2 of 2 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2022 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of Change Order #11 to RFQ 18-11 with Nabholz Construction for the Arts Corridor project in the amount of $4,984,952.00 for West Avenue improvements from Meadow Street to Dickson Street and the Greenway Trail improvements from Meadow Street to Spring Street RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0683 }f o-ll y 31ac1� 712812022 10:13 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL Account Number (988,070) (988,070) Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220718 Account Name 4708.860.7800-5809.00 4,949,772 - 46080 7800 EX Improvements - Street 4708.860.7999-5899.00 (4,949,772) - 46080 7999 EX Unallocated - Budget 4708.860.7999-5899.00 4708.860.7000-4999.99 (988,070) - - (988,070) 46080 7999 EX RE Unallocated - Budget Use Fund Balance - Current H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0683 BA C01 1 Nabholz CAC 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0595 Agenda Date: 8/16/2022 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN 22-025 (507 S. CHURCH AVE.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD 1 FOR APPROXIMATELY 0.17 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 811012022 City of Fayetteville Staff Review Form 2022-0595 Legistar File ID 7/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 7/1/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-0025: Rezone (507 S. CHURCH AVE./EDA, 523): Submitted by EARTHPLAN DESIGN ALTERNATIVES for property located at 507 S. CHURCH AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.17 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JULY 19, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: July 1, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0025: Rezone (507 S. CHURCH AVE./EDA, 523): Submitted by EARTHPLAN DESIGN ALTERNATIVES for property located at 507 S. CHURCH AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.17 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: City Planning staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and 'B'. The Planning Commission recommend approval to rezone the subject property to RI-U, Residential Intermediate -Urban. BACKGROUND: The subject property is in south Fayetteville on the west side of Church Avenue, roughly halfway between the street's intersections with Martin Luther King Jr. Boulevard and Archibald Yell Boulevard. The property contains one parcel totaling 0.17 acres which is currently developed with one single-family dwelling which Washington County records indicate was built in 1940. The property lies within 71 B Corridor Plan and Walker Park Master Plan areas, and it received its current zoning designation of NC, Neighborhood Conservation, as a result of the latter plan. Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to DG, Downtown General. The applicant shared in their request letter that the rezoning will allow for a fourplex development that will be linked with the property to the west. Public Comment: Staff received no public comment on this item. Land Use Compatibility: Staff finds the proposed zoning to be compatible with the existing nearby land uses. The DG, Downtown General zoning district is intended to provide a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. Properties zoned DG are typically not identifiable centers yet are more intense than properties that are zoned NC, Neighborhood Conservation. The subject property is currently zoned NC and situated in a residential neighborhood that primarily consists of single-family dwellings, though there are some multi -family dwellings and commercial uses nearby. While the property is primarily oriented towards single-family dwellings, a rezoning to DG could allow for higher density residential development or small-scale nonresidential development that would Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 serve as an incremental transition between surrounding land uses. The property itself is relatively small and located mid -block with public right-of-way platted to the north of it. Essential City services like water and sewer are available to the site, and other public amenities are located close by. Given the size of the site, its proximity to public services and amenities, and the availability of public right-of-way, staff finds the proposed rezoning to be appropriate in this instance. Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the City's land use plans and policies. The proposed zoning complements the property's Future Land Use Map designation as a Residential Neighborhood area since it would support a wide variety of housing types of appropriate scale and context, incorporating low -intensity nonresidential uses intended to serve the surrounding neighborhood. Regarding City Plan 2040, rezoning to DG could support several goals within the plan by encouraging appropriate infill development. While the current NC zoning is intended to encourage low -density, single-family residential development, DG allows higher -density development that could bridge the gap between 5th Street through the platted alley right-of-way north of the property, which would support Goal 3 of City Plan 2040. The subject property is located in the Mill Subdistrict of the 71 B Corridor Plan. Establishing a commercial/residential edge between School and Locust Avenue and encouraging moderate - density attainable urban housing between Locust and Church Avenue were guiding principles identified for the Mill Subdistrict. The subject property is also located within the Walker Park Neighborhood Plan area. Adopting zoning that preserves established single-family neighborhoods while encouraging additional housing types and a mix of uses was one of the primary goals identified in the Walker Park Neighborhood plan. Since the property is in an established single-family residential neighborhood, the proposed DG zoning may run afoul with the goals of the Walker Park Neighborhood Plan when compared to the current NC zoning, since it would allow nonresidential and higher density uses. While the property's current NC zoning may better suit the goals of the neighborhood plan, staff finds the proposed DG zoning to be suitable in this instance since it would allow for incremental infill which is largely consistent with the City's long-range plans. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this site. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Water Main (six-inch main, S. Church Ave.) • Near Sewer Main (eight -inch main, S. Church Ave.) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Walker Park, Jefferson Park, Fay Jones Woods) Near Paved Trail (Razorback Greenway, W. 7th St.) • Near ORT Bus Stop (Route 10, Route 20) • Within Master Plan Area (Walker Park Neighborhood Master Plan) • Near 71 B Corridor • Sufficient Intersection Density DISCUSSION: At the June 27, 2022 Planning Commission meeting, a vote of 8-1-0 forwarded this request to City Council with a recommendation to rezone the property to RI-U, Residential Intermediate - Urban. Commissioner Johnson made the motion and Commissioner Winston seconded. Commissioners expressed concerns about the nonresidential uses and building height maximum permitted in DG zoning. Given the established residential character of the neighborhood and the applicant's expressed desire to construct townhomes, the Commission forwarded the item with a recommendation of RI-U. Commissioner Sparkman, voting in opposition, found the current zoning of NC, Neighborhood Conservation to be most appropriate for this site. The applicant verbally supported altering the request to RI-U at the meeting, though they have since expressed a desire to maintain their request for DG and inquired about offering a Bill of Assurance. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-0025 Close Up View coma O ARCHI O 9`F PRAIRIE ST w 5TH ST—P- I — - c, = I V O w Q O 2 507 S CHURCH AVE Neighborhood Link Regional Link - High Activity Urban Center Residential Link Design Overlay District r _ _i Planning Area r _ _1 Fayetteville City Limits MARTIN LUTHER KING JR BLVD I I I I 1 Feet 0 75 150 300 450 600 1:2,482 RZN-2022-0025 EXHIBIT 'A' 4TH STD Y U w P-1 Q m w a F- 00 Q w 7TH S AA NORTH Zoning Acres DG 0.17 Total 0.17 RZN-2022-0025 EXHIBIT `B' REZONE DESCRIPTION: LOT 1 OF BLOCK 27 OF THE JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE AS RECORDED IN PLAT BOOK 4 AT PAGE 204 OF THE PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. ALSO DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND AT THE SE CORNER OF SAID LOT 1 OF BLOCK 27 OF THE JENNINGS ADDITION, BEING ON THE WEST RIGHT-OF-WAY LINE OF S. CHURCH AVENUE (40'R/W); THENCE ALONG THE SOUTH LINE OF SAID LOT 27 N87°40'34"W 140.66 FEET TO AN IRON PIN FOUND AT THE SW CORNER OF SAID LOT 27; THENCE NO2°20'30"E 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF W. 5TH STREET (40'R/W); THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S87'40'34"E 140.78 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID S. CHURCH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE S02'29'06"W 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 7036 SQUARE FEET OR 0.16 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: June 27, 2022 (Updated with PC hearing results) SUBJECT: RZN-2022-0025: Rezone (507 S. CHURCH AVEJEDA, 523): Submitted by EARTHPLAN DESIGN ALTERNATIVES for property located at 507 S. CHURCH AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.17 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2022-0025 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-0025 to the City Council with a recommendation of approval. " BACKGROUND: The subject property is in south Fayetteville on the west side of Church Avenue, roughly halfway between the street's intersections with Martin Luther King Jr. Boulevard and Archibald Yell Boulevard. The property contains one parcel totaling 0.17 acres which is currently developed with one single-family dwelling which Washington County records indicate was built in 1940. The property lies within 71 B Corridor Plan and Walker Park Master Plan areas, and it received its current zoning designation of NC, Neighborhood Conservation, as a result of the latter plan. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential NC, Neighborhood Conservation South Single -Family Residential NC, Neighborhood Conservation East Single -Family Residential NC, Neighborhood Conservation West Walker Park DG, Downtown General Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to DG, Downtown General. The applicant shared in their request letter that the rezoning will allow for a fourplex development that will be linked with the property to the west. Public Comment: Staff has not received any public comment regarding this request. INFRASTRUCTURE: Streets: The subject property has frontage along S. Church Avenue, a partially improved Urban Center street with curb and gutter. Any street improvements required in this area will be determined at the time of development proposal. Water: Public water is available to the subject property. An existing six-inch water main is present along Church Avenue. Sewer: Sanitary sewer is available to the subject property. An eight -inch sewer main is present along Church Avenue. Drainage: No portion of the subject property lies within a FEMA designated 100-year floodplain, the Hillside -Hilltop Overlay District (HHOD), or a Streamside Protection Zone. Additionally, no hydric soils are present on property. Any additional improvements or requirements for drainage would be determined at the time of development. Fire: Station 1, located at 303 W. Center Street, protects this site. The property is located approximately 0.7 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Protection Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district of DG, Downtown General, requires 10% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood area. The property is also located within the boundary of the 71 B Corridor Plan and the Walker Park Neighborhood Master Plan. 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. The 71 B Corridor Plan is an ongoing project that launched in 2018. A critical goal of the plan is to develop strategies to improve the corridor's economic vitality, address congestion issues, increase affordable housing, make it safe for all modes of travel, encourage active and healthy living, and create an attractive "front door" to Fayetteville's downtown and adjacent neighborhoods. The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in the plan which include maintaining a balance of uses and housing, emphasizing connectivity and walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible greenspace throughout the neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this site with a weighted score of 10.5. The following elements of the matrix contribute to the score: • Four -Minute Fire Response (Station #1, 303 W. Center St.) • Near Water Main (six-inch main, S. Church Ave.) • Near Sewer Main (eight -inch main, S. Church Ave.) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Walker Park, Jefferson Park, Fay Jones Woods) • Near Paved Trail (Razorback Greenway, W. 7t" St.) • Near ORT Bus Stop (Route 10, Route 20) • Within Master Plan Area (Walker Park Neighborhood Master Plan) • Near 71 B Corridor • Sufficient Intersection Density FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed zoning to be compatible with the existing nearby land uses. The DG, Downtown General zoning district is intended to provide a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. Properties zoned DG are typically not identifiable centers yet are more intense than properties that are zoned NC, Neighborhood Conservation. The subject property is currently zoned NC and situated in a residential neighborhood that primarily consists of single-family dwellings, though there are some multi -family dwellings and commercial uses nearby. While the property is primarily oriented towards single-family dwellings, a rezoning to DG could allow for higher density residential development or small-scale nonresidential development that would serve as an incremental transition between surrounding land uses. The property itself is relatively small and located mid -block with public right-of-way platted to the north of it. Essential City services like water and sewer are available to the site, and other public amenities are located close by. Given the size of the site, its proximity to public services and amenities, and the availability of public right-of-way, staff finds the proposed rezoning to be appropriate in this instance. Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the City's land use plans and policies. The proposed zoning complements the property's Future Land Use Map designation as a Residential Neighborhood area since it would support a wide variety of housing types of appropriate scale and context, incorporating low -intensity nonresidential uses intended to serve the surrounding neighborhood. Regarding City Plan 2040, rezoning to DG could support several goals within the plan by encouraging appropriate infill development. While the current NC zoning is intended to encourage low -density, single-family residential development, DG allows higher -density development that could bridge the gap between 5th Street through the platted alley right-of-way north of the property, which would support Goal 3 of City Plan 2040. The subject property is located in the Mill Subdistrict within the Research Center/South Fayetteville segment of the 71 B Corridor Plan. Establishing a commercial/residential edge between School and Locust Avenue and encouraging moderate -density attainable urban housing between Locust and Church Avenue were guiding principles identified for the Mill Subdistrict. The subject property is also located within the Walker Park Neighborhood Plan area. Adopting zoning that preserves established single- family neighborhoods while encouraging additional housing types and a mix of uses was one of the primary goals identified in the Walker Park Neighborhood plan. Since the property is in an established single-family residential neighborhood, the proposed DG zoning may run afoul with the goals of the Walker Park Neighborhood Plan when compared to the current NC zoning, since it would allow nonresidential and higher density uses. While the property's current NC zoning may better suit the goals of the neighborhood plan, staff finds the proposed DG zoning to be suitable in this instance since it would allow for incremental infill which is largely consistent with the City's long-range plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning is justified at this time. The subject property has a high infill score of 10, suggesting that an increase in density and uses is warranted at this time. DG zoning would preserve the urban character of the lot and allow for contextually sensitive residential and nonresidential development in the future. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property has the potential to increase traffic along Church Avenue. However, the property's location next to undeveloped right-of-way and in an area with a high intersection density suggests that vehicle trips to and from this property will be evenly dispersed, limiting impacts on traffic danger and safety. Also, the number of vehicle trips to and from this site would be limited by its proximity to public trails and bus stops. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from NC to DG has the potential to increase population density and thereby increase the load on public services. However, since the property has access to City water and sewer and has an appropriate anticipated fire response time, staff finds that the site would be able to handle an increase load on public services resulting from future 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 recommends forwarding RZN-2022-0025 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: June 27, 2022 O Tabled © Forwarded O Denied with a recommendation to Motion: Johnson rezone to RI-U, Residential Intermediate -Urban Second: Winston Vote: 8-1-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.28 — Downtown General o §161.29 — Neighborhood Conservation • Request Letter • Walker Park Neighborhood Illustrative Plan • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 1 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (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 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 1 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories i !EDA Earthplan Design Alternatives, PA Civil Engineering / Landscape Architecture May 18, 2022 Fayetteville Planning Department 125 W. Mountain St Fayetteville, AR 72701 RE: Church Avenue Rezone Cover letter/Explanation Letter To whom it concerns, We respectfully request a rezone of parcel 765-07132-000 from its current Neighborhood Conservation (NC) zoning to Downtown General (DG) zoning. The property is accessed off S. Church Ave. and consists of approximately 0.16 acres. The reason for this rezone request is for a fourplex development to span from this parcel to the west to encompass the adjacent parcel 765-08251-000. This western parcel is already zoned DG. In order to continue the fourplexes and their density across to the subject parcel, a rezone to DG of the subject parcel is needed. We feel that this property is compatible with the requested DG zoning and would not unreasonably adversely affect or conflict surrounding land uses because: 1. Connection to existing DG zoning. The subject parcel would be connected with the parcel to the west and the two parcels will be treated as one development when the fourplexes are built -out. 2. Fourplexes currently allowed. Both the current zoning (NC) and the requested zoning (DG) allow quadplexes. However, NC zoning only allows 10 units per acre; DG zoning would allow our client's desired density. 3. High Infill Rating: The subject area has a very high infill prioritization of around the yellow -green end of the Infill Prioritization spectrum. Since there is commercial to the west (Walgreens and others), and because of the close proximity of W. Martin Luther King Jr. Blvd and Archibald Yell 134 W. Emma Ave. Springdale, AR 72764 Phone: 479-756-1266 www.eda-pa.com 1 Streets, encouraging slightly higher density in this area would make good use of land adjacent to higher traffic -designed roads. 4. Surrounding Uses: We feel that this proposed rezoning would not unreasonably adversely affect or conflict surrounding land uses an because in close proximity (-260 ft to the west) to our rezone request are quadplexes located off W. 5t" St and because there are apartments located immediately southeast of this property. 5. Roads: The roads in this area sufficiently and quickly direct traffic onto the surrounding larger roads. 6. Residential Use: The proposed residential use of this property would be in -line with the surrounding residential use of this area of town. 7. Utilities: Water and sewer lines are already available along this property's street frontage. In summarization, we feel that our proposed storage business is well -suited for DG zoning based off the intent to join/link this parcel with the western DG-zoned parcel, the fact that fourplexes are already allowed but at a lower density, this property's high infill ratio, surrounding fourplex and apartment uses, the existing road and utility infrastructure, and because the having the two adjacent parcels the same zoning category would make for a cohesive development. Please contact us if additional documentation is needed to process this Rezone request. We look forward to working with your staff to complete the review of this proposed rezone. Respectfully, Sarah Geurtz, PLA sdg@eda-pa.com 134 W. Emma Ave. Springdale, AR 72764 Phone: 479-756-1266 www.eda-pa.com 2 Subject Property J 0 zi T f �� t� cf rTayve e;iile ARKANSAS � � r .s!r°,"'ot4a . U� tom« O <. in I r� 3J ��• k � � � V 1r t. 7s T' / 'J rn�.�. ;� �"� y^ 3�' �.MT�h�c� f eo 94 ,�J�a� c rJ WALKER PARK NEIGHBORHOOD I_ LLUSTRATIVE MASTER PLAN FAYETTEVILLE, ARKANSAS SEPTEMBER 2007 O Existing Building N ® Proposed Building Existing Civic Building ..... Study Area Boundary Lam�� s RZN-2022-0025 507 S CHURCH AVE One Mile View N 0 RT H 0 0.13 0.25 0.5 Miles W RMF-40 Q • LLJ � J �% M�� ■ ■ , ■ RMF-24 -MIN N 0 ROCK�ST is 09 ' JW ` Subject Property ' R R-O -HI --- %� a RSF-8 C-2 � J MARTIN LU_THER O - KING JR4BLVD' 0 c-I y ■ - I-1 MSC RPZD , .. NC RI-U • , CS p_I ■ ■� DG i ' zoning � I-z General maaamal Regional Link - - - RESIDENTIALSINGLE-FAMILY EXTRACTION Neighborhood Link _ _ _ _ _ _ NS-G M e-1 RI-u COMMERCIAL Institutional Master Plan 11I-12 ResltlentiaFOfice MINRegional Link - High Activity �Ns-L _ �ResltleMlal-�nalWral MC-2 Urban Center L, _ RSFn FORM BASED DISTRICTS Undiisslfetl _ RSF-2 Oown—nCore Alley RSF4 Uman Thomaghrare RSF-] M ..in street Center Reslden1181 Link I ❑ RSF-a 1—re-r, General Shared -Use Paved Trail IIII�eOmmanlry services RESIDENTIAL MULTI -FAMILY � Neighborhood services Q RMF-5 III NeighborM1ootl Conservation — Trail (Proposed) Itt� RMF-12 PLANNED ZONING DISTRICTS Design Overlay District I - i RMF-15 III RMF-20 Commercial, Intl stoat, Resltlentlal I I u ` Fayetteville City Limits I I Planning Area I--- �I- -- 2 IIII�RMF-a0 INSTITUTIONAL P-t r= Planning Area INDUSTRIAL Fayetteville City Limits - - - -U I-1 HeavyCommevlalardLight India- RZN-2022-0025 Close Up View coma O ARCHI O 9`F PRAIRIE ST w 5TH ST—p- I — - c, = I V O w Q O 2 507 S CHURCH AVE Neighborhood Link Regional Link - High Activity Urban Center Residential Link Design Overlay District r _ _i Planning Area r _ _1 Fayetteville City Limits MARTIN LUTHER KING JR BLVD I I I I 1 Feet 0 75 150 300 450 600 1:2,482 4TH STD Y U w P-1 Q m w a F- 00 Q w 7TH S AA NORTH Zoning Acres DG 0.17 Total 0.17 RZN-2022-0025 Current Land Use o -�rrrpppf� �� R G u Neighborhood Link Regional Link - High Activity Urban Center Alley Residential Link — — Trail (Proposed) r Planning Area Fayetteville City Limits I Design Overlay District 507 S CHURCH AVE Subject Property LIUTHE Z BLVD Commercial/Residential Ulm Feet 0 112.5 225 450 1:3,600 RTH L-_I LI It it 675 900 Residential .� I FEMA Flood Hazard Data 100-Year Floodplain Floodway RZN-2022-0025 Future Land Use • Q W ' G +_ I � I � � I• t - - ,\ PRAIRIE W • • a 0 • • 0 • w 507 S CHURCH AVE w i WL � - a ■ V V > J H O O w C=� ■ '■ "a 1■ SOUTHST ORTH W WI `Q.7,+ '.... o a , I �- # j I j - Residential + JI. Le RC Neighborhood .a Subject Property 4TH ST > LU ■ ;T �� > w W �- J O Mal 1 �■ > a w �- =-5TH,ST�c�- wIr - �----- - v-5TWST v j `* ■ O. ■F i. * f ff � MARTIN R LUTHE R I■� WE EM •d� IN ■S ■- • a KING JR iLVD ■ �- w = ■ � 7TH -ST ** IL in �r"m — — v �• City a ' f Neighborhood W ■ LLI ■, W a Q • • `' ■ �Civic * `1 V - .' Institutional i Civic and , - - • , '� Private Open Space - 9TH•ST 9TH,_ST ' I Neighborhood Link City Neighborhood Regional Link - High Activity Civic Institutional Urban Center Civic and Private Open Space Unclassified Industrial — Alley Feet Natural Residential Link Non -Municipal Government 1 Planning Area 1 Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood — — Trail (Proposed) Rural Residential 1:4,800 _ __I Design Overlay District Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0689 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.1 WALTON FAMILY FOUNDATION GRANT ACCEPTANCE: A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A 50150 MATCHING GRANT OF UP TO $1,400,000.00 FROM THE WALTON FAMILY FOUNDATION TO CONSTRUCT AN EXPANSION OF THE YVONNE RICHARDSON COMMUNITY CENTER AND SUPPORT PUBLIC ENGAGEMENT AND PROGRAMMING, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 PARK IMPROVEMENT BOND PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the acceptance of a 50150 Matching Grant in the amount of up to $1,400,000.00 from the Walton Family Foundation that will be used to expand the Yvonne Richardson Community Center and support public engagement and programming, and further authorizes Mayor Jordan to execute any documents necessary to accept the grant funds. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Alison Jumper Submitted By City of Fayetteville Staff Review Form 2022-0689 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/26/2022 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval to accept for a 50/50 matching grant of up to $1.41VI to support the construction of the Yvonne Richardson Community Center expansion and community outreach and approval of a budget adjustment. Budget Impact: 2250.520.9255-5804.00 Parks Development Account Number Fund 46050.7540 Parks Projects (2019 Bonds) - YRCC Enhancements Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 1,400,000.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # 150-22 Change Order Number: Original Contract Number: Comments: Approval Date: 7/5/2022 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff CITY COUNCIL MEMO FROM: Alison Jumper, Parks, Natural Resources and Cultural Affairs Director DATE: July 22, 2022 SUBJECT: Request to accept a grant from the Walton Family Foundation to support the expansion of the Yvonne Richardson Community Center RECOMMENDATION: Staff recommends City Council accept a 50/50 matching grant of up to $1.4M to support the construction of the Yvonne Richardson Community Center expansion and community outreach and approval of a budget adjustment. BACKGROUND: The Yvonne Richardson Community Center (YRCC), located in central Fayetteville provides critical programming for Fayetteville residents. The facility has served the community in its current building since 1996 with the support of Friends of the YRCC, an independent non-profit partner that advises and provides support for programming at the Center. The YRCC has undergone minor modifications to keep it updated over the years, but otherwise has not seen significant change. In effort to better serve the needs of the community and expand programming opportunities, an expansion of the YRCC was identified as a priority project in 2018 as part of the bond measure. Initial funding has been used to create a master plan for the facility, which included working closely with Friends of the YRCC on a robust online and in person public input process that has resulted in a master plan for the building and property. On July 5th the City Council granted permission to apply for the grant to fund construction. DISCUSSION: The top priorities from public input included adding flexible classroom space, a teaching kitchen and flexible multipurpose rooms for youth and adult programming. The master plan includes these priorities as well as additional storage, new entry, restrooms, updated gym flooring, welcoming front porch facing the street for community gathering, on -street parking and improvements to Buddy Hayes Park directly to the south of the facility. A second level is envisioned that adds a small fitness area, classroom space and additional restrooms to further the Center's impact. Grant funds will enable the construction of an upper Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 shell for future programming and improvements to Buddy Hayes Park. Finish out of the second floor will be dependent on fundraising efforts. Grant funding may also support additional community outreach and engagement. A draft grant letter is attached. Pending Council approval, a final grant letter will be issued to the City for signature via electronic document. BUDGET/STAFF IMPACT: The City has identified $1.3M in bond funds for the YRCC expansion. This grant will add up to $1.3M in matching construction funds and up to $100,000 for additional community outreach during the grant period. The additional $100,000 does not require a grant match. A budget adjustment is attached to recognize the grant revenue. Attachments: SRF YRCC Expansion concept images Draft Grant Letter Budget Adjustment der .g WILLOW a t � I 1 1 1 1 1 7 f 1 1 I _ __ 1 • • 1' 5 ��. • I • l _ lit9 I I , r I I I i• I I i ❑ p W ; I 1 1 N� ICJ j 1 I 1 In Y 4 �� I 1 1 WASHINGTON I I { I � i i I , � 1 11 I I I I I T Q ' r I J I 1+ I I 1 f I I 1 1 I a i I I I 1 1 1 _ u p r m O U z O O � � z U O l7 } x p 2 Z a C,? L7A a > z az _ a n Q � U p O p a w �yi fu w o Ln p w z z p W ✓'i 0 V `^ p 1 1' { MILL � I f I 1 1 1 I 1 I ! I 1 1 {• I 1 1 I 1 1 1 1 1 I 1 1 1 1 a AAAM .�• �.` '�� '1:+9 �' fir' ,` � ? .! '� � Iw ,r fr,. •}T. •f� ��F� 'fit � r f� 61 � + � � ram' yr. • � � • F • � 'h�:� R.�� � r� 1• � r .. �e .'+C���yy� T �r'w rr•�� i 1 .. • �•I.ir •q 7 i r� .7. 4 1 7 1 F�'^• r.`�. .• ^fit. � ��r. 3 �r. 't 7 •`*14 1 r `• rt��R, 1 i, 4 •�i�lr � 1 .� f4 Ilk M W, JAI WALTON FAMILY F D U N D A T 10 N July 25, 2022 Lioneld Jordan City of Fayetteville 113 W. Mountain Street Fayetteville, AR, 72701 RE: Grant 00107338 Dear Lioneld, At the Walton Family Foundation, we work to tackle tough social and environmental problems with urgency and a long-term approach to create access to opportunity for people and communities. To do this, we know we must work with individuals and groups closest to these challenges because they often have the most thoughtful, insightful solutions. As we support efforts to improve education, protect our rivers and oceans and the livelihoods they support, and promote quality of life in our Home Region, we look to groups like yours. I am pleased to inform you that your grant request has been approved in the amount of up to $1,400,000.00 to construct an expansion to the Yvonne Richardson Community Center and sustain public engagement and programming for residents in southeast Fayetteville. The attached grant agreement outlines the details. On behalf of the Walton Family Foundation, I express my appreciation for what your organization has accomplished so far and my optimism for your future success. Together, we can have an impact that improves lives today and that will last to benefit future generations. Sincerely, Caryl M. Stern Executive Director PO Box 2030 44 Cook Street, Suite 255 111 Town Square Place, Suite 420 919 IP Street, NW, Suite 400 Bentonville, AR 72712 Denver, CD 80206 Jersey City, NJ 07310 Washington, D.C. 20006 Grant Agreement July 25, 2022 Grant 00107338 The Walton Family Foundation, Inc. ("Foundation" or "WFF") has approved a grant in the amount of up to $1,400,000.00 to City of Fayetteville ("Grantee" or "City"). The project term will be August 01, 2022 to December 01, 2025. This grant is subject to the following terms and conditions: 1. Purpose: The purpose of the grant is to construct an expansion to the Yvonne Richardson Community Center (YRCC) and sustain public engagement and programming for residents in southeast Fayetteville. This grant is more fully described in Grantee's proposal dated July 06, 2022. Grantee agrees to use all grant funds exclusively for the grant's purposes. Any changes in these purposes must be authorized in advance by the Foundation in writing. 2. Amount Up To: $1,400,000.00 USD Grant payments will be made as follows: Installment Amount Match Ratio Requirement Date • Signed Grant Agreement 1 Up to 1:1 Documentation and approval of September $750,000.00 1:1 match of up to $750,000.00 15, 2022 committed by 09/01/2022 • Documentation and approval of 2 Up to 1'1 1:1 match of up to $650,000.00 September $650,000.00 committed by 09/01/2023 15, 2023 • Approval of progress report 3. Matching Grant Payable: The Foundation will match revenue committed by Grantee according to the conditions outlined below: Installment 1: One dollar for every one dollar of revenue committed from all sources by 09/01/2022, up to $750,000.00. This payment shall be initiated upon receipt of this completed agreement from Grantee acknowledging the terms and conditions set forth herein, and the Foundation's approval of the written documentation of matching funds committed. Expiration: Qualifying matching contributions for Installment 1 must be committed and documented for the Foundation by September 15, 2022. In the event all matching contributions are not documented by this deadline, the Foundation will pay only an amount equal to the qualifying matching contributions documented by the deadline, and the Foundation will have no obligation at any time to pay any portion of this installment that exceeds such amount. Funds committed and applied to other Foundation match requirements may not be used to satisfy this match requirement. 4 Installment 2: One dollar for every one dollar of revenue committed from all sources by 09/01/2023, up to $650,000.00. This payment shall be contingent upon the Foundation's approval of Grantee's activities as evidenced by the reports described in Reporting and Evaluation paragraph below and other information the Foundation may gather, as well as approval of the written documentation of matching funds committed. Expiration: Qualifying matching contributions for Installment 2 must be committed and documented for the Foundation by September 15, 2023. In the event all matching contributions are not documented by this deadline, the Foundation will pay only an amount equal to the qualifying matching contributions documented by the deadline, and the Foundation will have no obligation at any time to pay any portion of this installment that exceeds such amount. Funds committed and applied to other Foundation match requirements may not be used to satisfy this match requirement. 4. Accounting: a. The Foundation encourages, whenever feasible, the deposit of grant funds in an interest -bearing account. For purposes of this letter, the term "grant funds" includes the grant and any income earned thereon. b. Grantee will maintain records of receipts and expenditures made in connection with the grant funds and will keep these records during the period covered by the Grantee's reporting obligations specified in the Reporting and Evaluation paragraph and for at least four years thereafter ("Maintenance Period"). Grantee will make its books and records in connection with the grant funds available for inspection by the Foundation during normal business hours as the Foundation may request at any time during the Maintenance Period. 5. Reporting and Evaluation: Grantee will provide the Foundation with financial and narrative reports by the due dates listed in the report schedule below. Each report shall include an account of expenditures of grant funds, and a brief narrative of what was accomplished (including a description of progress made in fulfilling the purposes of the grant and a confirmation of Grantee's compliance with the terms of the grant). Report Type Report Date Payment Requirement: September 01, 2022 1:1 Match Documentation Progress Report September 01, 2023 Payment Requirement: September 01, 2023 1:1 Match Documentation Progress Report December 01, 2024 Final Report December 01, 2025 Success will be measured against the outputs and outcomes described in Appendix A. All reports will be submitted electronically using the Foundation's online grants management system. Any questions regarding this process should be addressed to your contact listed in the Contact paragraph of this document, or by emailing smartsimplehelp@wffmail.com. Please 3 reference Grant 00107338 on all communication. Grantee payments are always contingent upon the Foundation's approval of Grantee's operations based on the above reports and the Foundation's satisfaction with such information as it chooses to obtain from other sources. 6. Representations: Grantee represents and warrants to the Foundation that: a. Grantee is an organization in good standing, is either an organization described in section 501(c)(3) of the Internal Revenue Code ("Code") or a governmental unit, and is not a "private foundation" described in section 509(a) of the Code. Grantee will promptly notify the Foundation of any change in Grantee's tax status under the Code. b. In no event will Grantee use any grant funds: i. to carry on propaganda, or otherwise to attempt, to influence legislation; ii. to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive; or iii. to undertake any activity other than for a charitable, educational or other exempt purpose specified in section 170(c)(2)(B) of the Code. c. Grantee will comply with all applicable laws and regulations. d. Grantee does not support, directly or indirectly, terrorist activities or violence of any kind, and takes reasonable steps to ensure that: i. Grantee's board, staff and volunteers have no dealings with, and do not support, terrorist activities or violence of any kind, and ii. grant funds will not ultimately be used to support terrorist activities or violence of any kind. 7. Anti -Discrimination: It is the Foundation's expectation that, in the application of Foundation's funds, Grantee will encourage equal opportunities for all and will not use the Foundation's funds to promote or engage in: exploitation, abuse, bullying, harassment, criminal acts of violence, terrorism, hate crimes, or any behavior which would be considered a violation of federal anti -discrimination laws, which prohibit discrimination on the basis of age, race, national origin, religious beliefs, sex (including gender, pregnancy, sexual orientation, and gender identity), disability, and veteran status. It is also the Foundation's expectation that Grantee has established appropriate policies and procedures for training staff and receiving and addressing complaints regarding violence, exploitation, abuse, harassment, and discrimination, and other forms of misconduct. 8. Repayment, Rescission, and/or Termination: The Foundation, in its sole discretion, may discontinue or suspend funding, rescind payments made, require the return of any unspent funds, or terminate this agreement if any of the following events occur: a. Grantee ceases to maintain its tax-exempt status as described in paragraph 6(a) above; b. Grantee fails to comply with the terms of this agreement, including, but not limited to, failure to submit any required reports on a timely basis; c. There is a material change in Grantee's key personnel that in the sole opinion of the Foundation adversely affects Grantee's management of the grant; d. Grantee does not use funds for the purpose of this grant; e. The Foundation is not satisfied with the progress of the activities funded by this grant as measured in the performance measures in Appendix A; f. The Foundation determines that Grantee will be unable to achieve the purposes for which the grant was made; g. The Foundation becomes aware of actual or alleged acts or omissions to act by Grantee or one or more of Grantee's directors, officers, employees, volunteers, sub- 4 grantees or contractors which the Foundation believes pose a reputational risk to the Foundation, and for which the Foundation determines Grantee has not taken immediate and effective remedial measures; h. There is an investigation or allegation of unlawful action or gross misconduct by Grantee, any officer, director, trustee, employee, or agent of Grantee, or any organization affiliated with Grantee, and the Foundation, in its sole discretion, determines such investigation or allegation to be credible; or i. The Foundation determines that making any payment, in the judgment of the Foundation, might expose the Foundation to liability, adverse tax consequences, or constitute a taxable expenditure. The Foundation will provide notice of any determinations made under this paragraph and, in its sole discretion, may provide Grantee up to 30 days to respond to and resolve the issues identified in the Foundation's notice. However, the determination to suspend funding, terminate, or continue the grant will remain in the Foundation's sole discretion. 9. Grant Publicity: Grant publicity related to this grant consistent with Grantee's normal practice is permitted, subject to the following provisions. The Foundation expects any announcements and other publicity to focus on Grantee's work and the project or issue funded by the grant. Recognition of the Foundation's role in funding the project is permitted, provided that the timing, content and strategic focus of such publicity should be approved by the Foundation contact listed in Contact paragraph. Publicizing the grant and the Foundation in Grantee's publications and communications in a manner consistent with similar grants obtained by Grantee is permitted. If publicized or recognized, the grant should be listed as from the "Walton Family Foundation." The Foundation may ask Grantee to provide illustrations, photographs, videos, recordings, information or other materials related to the grant (collectively "Grant Work Product") for use in Foundation communications including the Foundation's website, annual report, newsletters, board materials, presentations, communications and other publications. Grantee agrees to provide the Foundation with such items upon the Foundation's reasonable request and hereby grants to the Foundation and anyone acting under the authority of the Foundation a fully paid - up, world-wide, right and license to use, reproduce, display and distribute the Grant Work Product in connection with the Foundation's charitable operations and activities. In connection therewith, Grantee shall be responsible for obtaining all necessary rights and permissions from third parties for the Foundation to use the Grant Work Product for these purposes. By signing this Agreement, Grantee also acknowledges and agrees to use by the Foundation of historical, programmatic and other information relating to Grantee and the grant hereunder. 10. Gratuities: The Foundation desires that all of Grantee's resources be dedicated to accomplishing its philanthropic purposes. Therefore, Grantee agrees that it will not furnish the Foundation or its Board of Directors, officers, staff or affiliates with any type of benefit related to this grant including tickets, tables, memberships, commemorative items, recognition items, or any other benefit or gratuity of any kind. 11. Contact: For all communications regarding this grant, please contact the Foundation by email at HomeRegion@wffmail.com. Please reference Grant 00107338 in your communication. [SIGNATURE PAGE AS FOLLOWS] 5 By electronically signing this agreement the Grantee acknowledges and agrees to the terms and conditions herein. A copy of the completed document will be emailed to the Grantee through DocuSign. If the electronic signing is not completed by August 19, 2022 the Foundation will consider the Grantee to have declined the grant. Walton Family Foundation, Inc. IN Caryl M. Stern Executive Director City of Fayetteville IN Lioneld Jordan Mayor X Appendix A: City of Fayetteville Performance Measures Improve the quality of life of underserved youth and all residents of Fayetteville through expansionGoal: ..Community Outputs And Outcomes Category Who will do what and how much? By when? Measured or evaluated by? The City will add approximately 8,300 sf to the Yvonne Community Richardson Center facility and make improvements to adjacent Buddy Output Hayes Park. Improvements will include a teaching 12/01/2024 Certificate of Occupancy kitchen, flexible classroom space, fitness area and inspection and community gathering spaces as well as seating areas and sidewalk additions to Buddy Hayes Park. The City will increase the number and diversity of program offerings provided at YRCC, including: - hosting at least three six -week healthy eating programs including lessons focused on access to and preparing healthy foods Program records and - hosting on average 8-12 fitness classes per shared Output week 12/01/2025 marketing/communication - hosting on average 1.25 sessions per week efforts to advertise dedicated to teen engagement (once a week with programming a monthly event) - hosting at least ten programmed social events to promote social cohesion and networking for neighboring residents Participation in YRCC programs will increase by/to the following amounts: - At least 96 more participants per year in healthy eating and cooking programs. Baseline:107 participants in 2022 thus far - At least 5,000 more participants per year in Attendance of group classes. Baseline: 15 participants per class new/expanded Outcome in 2022 thus far 12/01/2025 programming will be - At least 700 teens will participate in compared to existing programming focused on education, socialization program. and career development. Baseline: 69 (through summer camp program) in 2022 thus far - At least 500 attendees at programmed social events. Baseline: 214 (over 2 events) in 2022 thus far In addition to attendance records, a pre - The percentage of participants in YRCC construction and post - occupancy qualitative programming and events that indicate the Center survey comparing the has increased their sense of belonging (e.g. perception of the existing Outcome enhanced attachment to community, neighborhood and one another through 12/01/2025 Center and the improved friendships, civic engagement and social Center will be conducted with program participants engagement) will increase following the and Center guests. WFF improvements to the Center. will provide resources to assist in survey design/questions. City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 PARKS &RECREATION (520) 2022 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Request to receive/recognize commercial grant funds from Walton Family Foundation of $1,400,000. This grant is to be used for the construction of the Yvonne Richardson Community Center expansion and community outreach. The grant will require a match of $1,300,000 by the City which has been identified in bond funds for YRCC. RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0689 712712022 1:56 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL Account Number 1,400,000 1,400,000 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220718 Account Name 2250.520.9255-4305.00 - 1,400,000 46050 7540 RE Grants - Commercial 2250.520.9255-5804.00 1,400,000 - 46050 7540 EX Building Costs H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0689 BA WFF YRCC Grant 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0631 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.2 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN: A RESOLUTION TO APPROVE THE 2022 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN, TO AUTHORIZE MAYOR JORDAN TO EXECUTE THE CDBG AGREEMENT FOR 2022 IN THE AMOUNT OF $725,638.00 WHEN RECEIVED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute the 2022 Community Development Block Grant (CDBG) Agreement in the amount of $725,638.00 when received, and approves the 2022 Action Plan, a full copy of which is attached to this Resolution, proposed as follows: Administration Housing Program Court Appointed Special Advocates of NWA OneCommunity Magdalene Serenity House Redevelopment Program Partners for Better Housing $101,423.00 $501,554.00 $10,000.00 $15,300.00 $11,900.00 $74,576.00 $10,885.00 City of Fayetteville, Arkansas Page 1 Printed on 811012022 City of Fayetteville Staff Review Form 2022-0631 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Yolanda Fields 7/27/2022 COMMUNITY RESOURCES (642) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of the CDBG 2022 Action Plan and the Mayor's authority to execute the 2022 Community Development Block Grant (CDBG) Agreement upon receipt. N/A Account Number N/A Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: N/A Fund N/A Project Title Current Budget $ Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 CITY COUNCIL MEMO TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Yolanda Fields, Community Resources Director/Equity fi DATE: July 27, 2022 SUBJECT: CDBG 2022 Action Plan and Budget Reconciliation RECOMMENDATION: Staff recommends approval of the CDBG 2022 Action Plan and the Mayor's authority to execute the 2022 Community Development Block Grant (CDBG) Agreement upon receipt. BACKGROUND: Fayetteville has been a CDBG Entitlement City since 1975. Funding is based on a formula allocation process that takes into account such factors as population, percent of low/moderate income persons, and number of housing units. This formula allocation process awards CDBG funding to the City of Fayetteville. Each year, the Community Resources Department submits an Action Plan to the U.S. Department of Housing and Urban Development (HUD) outlining the proposed uses of CDBG funding. The Community Development and Assistance Programs (CDAP) Advisory Board voted at the September 15, 2021 meeting and recommended the following nonprofit subrecipients be included in the 2022 Action Plan: CASA of NWA, Magdalene Serenity House, OneCommunity, and Partners for Better Housing. If HUD approves the Action Plan, a CDBG Agreement for that year is received. This agreement must be executed, returned to the HUD Field Office in Little Rock, and then sent to HUD in Washington D.C. for the release of funds. DISCUSSION: Grant amounts vary each year based upon the funding levels authorized by Congress through the annual federal budget process. The award for 2022 is $ 725,638. The grant funding detail submitted to HUD in the 2022 Action Plan is as follows: Administration $ 101,423 Housing Rehabilitation $ 501,554 Redevelopment $ 74,576 CASA of NWA $ 10,000 Magdalene Serenity House $ 11,900 OneCommunity $ 15,300 Partners for Better Housing 10,885 $ 725,638 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Approving the 2022 Action Plan and the Mayor's authority to execute the 2022 CDBG Agreement upon receipt will reduce the waiting time for HUD to release the funds. This will allow for a faster start to both internal and external programs which assist low -and -moderate income residents in Fayetteville. BUDGET/STAFF IMPACT: None Attachments: CDBG 2022 Action Plan City of Fayetteville logo elf I 6 001 1 1 CDBG Year 2 Action Plan (2022) Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The Annual Action Plan (AAP) is one of the requirements for the City of Fayetteville to receive funds through the Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program for entitlement cities. This AAP was developed from the 2021-2025 Consolidated Plan (Con Plan) needs assessment for low - and moderate -income residents. While the needs identified in the Con Plan exceed the funding available to address all of them; the City of Fayetteville addresses the identified needs as fully as possible. The 2022 AAP will detail how the City of Fayetteville plans to address the identified needs during the current grant year. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The 2021-2025 Con Plan documents the needs assessment, market analysis, consultation with community stake holders, and past performance that were all utilized to develop the priority needs for the City of Fayetteville. The priority needs are housing, redevelopment, public services, and public facilities. Housing will focus on maintaining the affordable housing stock through rehabilitation and repair of LMI owner -occupied homes. Redevelopment provides code compliance assistance for LMI homeowners who are financially and/or physically unable to correct code violations. Public services and public facilities are funded through a competitive grant process with the Community Development and Assistance Programs (CDAP) Advisory Board recommending which projects will be included in the annual action plan, if requests exceed available funding. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Annual Action Plan 2022 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Each year, the City is required to submit a Consolidated Annual Performance Evaluation Report (CAPER) to HUD, reporting on the activities that were funded with CDBG, the amount spent and the beneficiaries assisted. The City submits the required reports annually and HUD has accepted the reports each year. In addition to meeting HUD requirements, the CAPER provides the City with an opportunity to review past performance and utilize the information as a component of determining future needs. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City of Fayetteville CDBG activities are designed and carried out based on local needs. Through public meetings, consultation with area public and non-profit service agencies, informal discussion with citizens, studies, city staff and special purpose committees; input from community stakeholders is sought and integrated into designating action priorities. In addition, a Community Development Outreach Quarterly publication serves to inform the community of current and future program projects and services. The Outreach Quarterly is distributed electronically to those who sign up. We realize that even in our connected age not everyone has access to the internet; therefore, the Outreach Quarterly is also distributed in printed form to more than 50 locations throughout our community. The Outreach Quarterly also provides the community with program contact information so that community members can get more information as well as provide feedback/input. We host and participate in community events to both provide information about the programs we offer and to receive input from citizens regarding our programs and community needs. A summary of the Action Plan and Budget were published, in conjunction with announcing the public comment period and a public hearing, in the Northwest Arkansas Democrat Gazette on June 19, 2022 and June 26, 2022. It was also published in the June 23rd issue of La Prensa Libre (Spanish weekly). Finally, the information was posted to the City's website at https://www.fayetteville- ar.gov/648/Community-Development-Block-Grant-CDBG throughout the public comment period. The public comment period ran from June 20, 2022 to July 19, 2022. A public hearing was held on July 14, 2022 at 5:30 pm. A draft of the Year 2 Action Plan was made available to the public on-line at https://www.fayetteville-ar.gov/648/Community-Development-Block-Grant-CDBG, in the Community Resources Office, and emailed by request throughout the public comment period. S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. A public comment period for the GY2022 Action Plan was held from June 20, 2022 to July 19, 2022. A Public Hearing was held at 5:30 p.m. on Thursday July 14, 2022. There were no public comments received by the deadline. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments or views submitted that were not accepted. 7. Summary The City of Fayetteville has completed the 2022 Action Plan according to HUD requirements. The funding decisions have been guided by the needs assessment, market analysis, census data, consultation and partnership with service providers, public input, and past performance data as detailed in the 2021- 2025 Con Plan and the 2021 CAPER. Annual Action Plan 2022 4 OMB Control No: 2506-0117 (exp. 09/30/2021) ++ C m L OD L u m aJ O C O m N E ..a L _cu C O C_ O C m � a o -o � c -p co •O cco w C U � QJ � r � a+ _ do O C GJ O H U •� au L O 'a N m L 14 = C_ 'L L, m C. CL L L a0 z Q r %I.. N Q as c o 0J in 72 C a) O N y O � c OOC ( c �Y a v W T OD u f° m a s J 4A Q � Ln L O u � N a %4 o aJ u O M dA c c m E oz O Q �o C '+ a O V a m i m z Ln a1 u L 7 O CA a1 cc C 7 E E O U aJ a 4- N m LL O U v r F- C 4-0 E 0 u m 4a C O U 7 a m a ar m •O Ul C O u C yC, u Q L C N aJ C E m L d m Q (u 0 41 m Ln aj u OLn j O O LA U a >. t 4- 4- .� W v E m E GD 0 a) U w � +J - c aj a E + E j. O m U- -- L a, 0 cr O U c ' N 'm > 2 a, u O SU C O m � u N L 00 aj Ln u Ln O a � 07 C w i 0 -CO 0 d U _aj O O dD L N m u a) O i O N v w a m 4- C 7 E E a, 0 U LL m U w LL aj m t u c fO m v ai c-I O n N Q a1 aJ aJ m LL m 4- 0 G cn r-I ii m c co O V1 c m E c O u N N a O _ N m 7 c C a AP-10 Consultation — 91.100, 91.200(b), 91.215(I) 1. Introduction The City of Fayetteville strives to connect with all entities in our community; especially those that work with the LMI population. Community Resources recognizes that it takes input from throughout the community to identify community needs and determine areas where services can be enhanced. While the City currently uses a variety of methods to reach out to the community, such as the outreach quarterly, community events, outreach activities, participation in area boards/committees, etc.; we also continue to explore new ways of increasing participation with individuals, organizations, and businesses. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City of Fayetteville Community Resources Department uses a variety of methods/activities to enhance coordination. Over the past couple of years some of these activities were limited and/or paused due to COVID-19 but as the restrictions have been lifted activity levels are increasing toward pre- COVID levels. Community Resources organizes community events throughout the year to both provide information about our programs and receive feedback from the community. One example is the annual CDBG in the Park event which brings together community members, local agencies, and the City's CDBG programs. We encourage local service providers to participate in these events, as they are free of charge to them and thus an effective way to reach out to the community. Community Resources also participates in community events put on by other organizations. Community events serve multiple purposes including; enhancing coordination between agencies, getting information out to the community, and providing the community opportunities to ask questions and provide input on community needs. Outreach presentations are another way to enhance coordination and Community Resources does presentations at a variety of organizations and is always looking for new locations to expand to. We do presentations to organization staff, clientele, or both; depending upon the needs of the organization. These presentations ensure that local organizations and/or the organization's clients know the resources that are offered through CDBG and provide an opportunity for organizations/individuals to share what their needs are. The subrecipient grant process brings many of the local service providers to the table through the grant workshop and subsequent application process. Discussion at the grant workshop and the grant applications provide information on what the current needs of various providers in the community Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) are. Technical assistance is provided throughout the year to current and potential subrecipients and is another method of finding out what the needs of the community are. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City of Fayetteville is an active member of the Northwest Arkansas Continuum of Care (CoC). We attend CoC board meetings, membership meetings, and participate with the other members in local efforts address the needs of the homeless and potential homeless in our community and NWA as a whole. We participate in the CoC led annual Point In Time and Homeless Inventory counts. The NWA CoC is the lead agency for the NWA application for HUD Continuum of Care funds which the City of Fayetteville receives for the Hearth Program which provides Permanent Supportive Housing to the homeless and chronically homeless in Fayetteville. We also consult with the CoC and member agencies whenever requested to address specific community needs. A recent example was in Fall 2020 when we met with other CoC members to develop a COVID-19 cold weather response plan for the upcoming winter. That process led to the City of Fayetteville reallocating some CDBG funds to a local agency to implement that plan in response to an identified community need. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Fayetteville provides input to the NWA Continuum of Care (CoC) at the CoC meetings. We attend board meetings, membership meetings, and participate in subcommittees where decisions are made regarding the development and implementation of performance standards, policies and procedures, and other areas related to addressing the needs of homeless persons in NWA. We also participate in the development of the NWA CoC strategic plan. 2. 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C ++ O 3 0 m C C aJ O E i +w O O N u +' 'c c -a O tD -0 > aJ a a CL 3 y O ,O aJ M w M d d +' M aJ m ¢ 0 0 G M N M tw O a 7 O u u C aJ a 0 M Ln !n aJ C LJ � a1 E O = L u L C Y C m U •� N aJ aJ +.. a) (n Ln L L U m LL N a1 m snLn Q aiL Z ci Z Z Z c � Ln a"J (A aJ en N w N E E E E O 2 O = O = O _ O = 'O aJ W M N M 3 C M .15 aJ s 4- 0 C O O V M M FA f0 C L 3 u° (A ++ C aJ a) V, a u m c E O u C C (U E aJ O > c L tip 7 O L M s O 3 C y) O u u t C N ad O 3 0 m jA c C aJ O E .1.0 O O oha O > a, O a a E u d Li EM y- � � M a) M m Q M O ry O N O m rn 0 ci v 0 0 k6 O O z C O u m 0 LA N i.+ (D 0 c '3 v CA E c >- O Ln O D- E a w U U = V) V) O c +- += c bD E v a > O L 4J C L - Y L L OO Op = = O O L i L L +' Y -� OD c C m > VI J aj Y U c O � L 0_ V) C -a v N D_ N N Z -0 c V _ J O .a c kA U J E ' N N N `= E °' >_ O L .Y u ++ 4., to 3 E m c ' to > 4- O O c Q = O U E cu` O Z Q a, H O .0 m VA m 3 c m a a, s 0 = M1. O = r, u m H ++ ++ 3 M r = 3 u0 0 N .E m tkQ a m O u c a GJ a 0 N 'c m NO O a 7 O C7 u u c O a a, IA IA O m IA m 3 C m a a s a+ O C r O = u +' d M M O m Ul t = 3 u L 4j M c s O 3 FA FAo u O C 1 +L+ O 30m J c _ � a O E 41 O O t N u u +� E c •o otw L. O O CL a7 Q. 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C -O •L 'V E E E> E a o N O O U E (u U u U vOi 4- vwi C m ai Y Q O U 0 m aj m o ar m +. O_ E a�i " c ° c E c o aj a' E �n a L +� o a v L E r X m L � ++ L m 0LA L O � ` (6 �p O u o0 c 00 c 0 w O_ c O *' w m N 'c m "' >. E 00 C m W c> N > to m C Y a1 m C 00 E m O z Q in OL in c a� Ln a v 3 O L z ° m Q 7 O L aj t O u m 0 O_ '0 O aj z E O� t O N � 14 0 O O a n O ID N O z 0 c 0 U m 2 0 / \ k 0 E J « 2 k 2 0CL ° k k / C > \ > 9 » m » % o / \ § _ ■ ° o g k ° 0 0 'a c � e f � m 2 2 R ƒ E- ru aj E R 2. § 2 R § 0 e u m 2 7 0 u / k E u f _a / = E § ° aj % 7 E ' E cL .g § / / � \ % k . .0 m m c _ ¥ / 0 ~ c O � 2 f % $ 2 /// f M M M / 2 M o E� f c � ° : m \ a % \ cu$ 3 \ § « S o $ \ w � f _ . E k J� k§ f 0 W 0 c� 2 R£/ %« 8 E i{ 2 g / k J E §/ -0/ k E u 2 E u �$/ u M c E > C _ E L. 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O H M a O o +, C: Q O C: v 3 a a aj E 3 a a E } a fp O U U OA C_ C � • � a > 0 " v a L O + M N U L -0 'C = M E ,> M -0 o E E a auj E a u u " LA 4- L C GD O a m_0 U 0 aj O+ `^ LA o '� v 3 c a v M a 4 +r v c fO O O m -0 a O_ a E o L o d a L o to v L s +� a > r 3 E cr C C Cu = a o Q in aj o m s ++ °; o '^ ° C C a L L > `^ o_ +' v 4, o L 0 0 Q E u ,n a _c a c U a a v� Y a O_ a +� U C O *' C +' p +' ro 0 3 of Oi -D E E •5, O Q Q U a_ O 10 w o a v-o a c �, O a ' U i c> a E a '^ a a° }' O o° �>-, a c -Ua E a` ro m c •` 3+ T l0 v co L F- a O C C Q- U ro L +, a C m O U L � o E a 7 7 O 7 (7 U ° o a c to �, O a E U ro ++ .E U o eD o c O ,- =3 a O -0 =: v +_ v M c a cco v c L 4. E a U c '^ E c to E �, N z° z a a = v u c m a c O N U N Q O N m c C Q 0 00 N u u m d O c 0 m�o a 'u m a c a N M u I d a m H N O N O m rn 0 x x v n ti ti 0 U3 0 Ln N O Z O C O U [G 0 N i-i v O N N i-1 M I rA GJ V L 7 O IA GJ cu GJ = CL O W u LA 3 e-1 13 1 O a 4a a c O O m c +. O cu E +• m O u U C +' • O E c c t`o v bD L O 3 CL v O coo C E O 4- E v m E aJ N m v c -0 `0 -0 c C C 0 4- 0 3 ft `- c m v a`, R 0 aL+ R `+- C O c C +' (C O a) n ++ dA N u (U N 0 ro o m Y U 7 m C aJ M 4� aU 41 c 3 -C E a � Vi W 0 :3 vi +, - 3 m _ :3 0 U c ar C L N 0 M (U m4-1LE J m t •E O 4- v .E m _. O +L. rp L � � H aJ C on :3 > O O 'v v � arL- ai m Ln 0_ . C CL)v O Q• +. aJ U M 0 L o io m 4 4- U c U C m a m v L .__ w c v f0 two c a a! O a E ro ° W ¢ Q - m O v y M as u O O � �0 rn a CL c o' E ci E ¢ o c +� y� c .. a C 3 } N N tco "O aj s 3 0 o a t c In OA L W N C C) vl CO ,� +' O O 1 � V U V a cJ •� L aO+ 0 - ai E v +- m — ami c L c 4- E m = c o 'N N Oc O a1 a1 u L No m m v �_ L _ fV u CID �- L m N N " O O m 4 ON O L w +• m 4- 01 } m aJ I ai c m 0 0 v 0 c 1 d N c m ,E Ln C)C N C M N O 7 +J N m O m " +• O u c c} E v c E Q o m m o m TT r-I rn W r" N � H O n O O) 'C M d ai u O j n O 0 O N a, o °' O ux.1 o I p Ln a, a 00 t0 Lr' N n (A In LA M C 4 , c +. c Qj u Li O u v E a� E w +, m bD O_ tw aJ N to 0 •N O u v E c o> 0-0 ,u a m N u O IA u U i W d 3 O L aJ {n LL d 'O - E -W CL pa m 'V O C a U a -- rn N 3 E c aj E GJ O' GJ t U fC E m v co L 0 c N O E f0 on O CL m 0 U v r CA E f6 tw O CLL.. cu L O C tw C C 4-- 0 m O M If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Fayetteville has four properties that were purchased with CDBG funds and are utilized in our CDBG Public Facility Lease Program. When one of the four buildings become available they are offered through a competitive application process to local non -profits that benefit exclusively or primarily LMI residents of Fayetteville. Applicants must show that their utilization of the property fits within HUD Guidelines and will benefit the LMI population. Upon being awarded a CDBG Public Facility Lease the non-profit signs an agreement leasing the property for $1/year with the understanding that they are responsible for utilities, insurance, and routine maintenance/upkeep on the property. Annual Action Plan 2022 31 OMB Control No: 2506-0117 (exp. 09/30/2021) 2-1 a o a, t bo } n O c +� L c A } a UD t +i '� a a N o x w L]D c vai o o °; a E a a E L7D C N U _ O C O u � 70 7 L1 > ++ C p o o = = LL t a a O O a 4. a a +� a O C u O O -0 c7 3 i a; E = a o N o a O c •N a i ,n . u +� E s o v 3 ai ai 2 2 LL u a m Ln c °o O co u Ln co O Ln co 0 C V O V ri O u -1 N u u 00 1* 3 Ln vi- q^ M I N +- O tw a cu U +1 _c 'C E !Z a N •E C � O a Ln > ej U v Z E -0O 0 Q m oai a c 0 c° v to LA a b M a a v N a u E a m m wv o = E° a = E-0 o M `o E c w c E> a m a= a= = Z Ln z u° a of Ln Ln Ln Ln GiM d N N N N W O O O O N N N N V - a+ m m N N N N .0 H} O O O O O N N N N C O m � O C C Ln aj E E - UO a U +� c E 0 a0 Z " C Q = O C C a Vf a •N > u C E C7 Q m = aj a C a O H w N �^ LA a, 0m ° a - N M L. L vi O +� U u 3 > cu cu m +, aJ U O aj C L th E 0 m Q � � O cr (A > � O 0 c `v O L � E o 0 E m Ucco O v � J L a) O .> +' m O C c � a) O O (U c 2 m m i U i m O m U- m a N E � C 0 v n iL+ v1 4- N +, 0 O in Cp Ln C O p LAO U c t' _C vi Y Q .0 cu Q .1 > ai O -0 V `� C m v -0 maj ++ aj 7 > N a L1 a U- m a+ O of W a p .O > L1 c aJ ,� on a o W > .c c c '^ m c c U = c E 0 a a 0 E ° +1 LA m m N O j C C O C O O > O Ln +- - ++ ++ N m M e••I N V N 00 c E 'C •C c E E 'E 'E Q Q m m m a � Z r m li Vol 0 0 as c7 c7 c �40i rn M to c .N 0 E Z m 0 N a a v v a maj �0 u 0 > a) 0 V) OL L aL) f O C L X 3 a, O O L O_ a E 'u c C m m O O Q _ a) O U Q c c fO a) O o a E U a v u0 M .c� aj U O N 0 m 0 C .V, m L a) >- m Ln v a L v L '> O Q a-+ Q a) E O c E a �O_ a LLI +1 m aJ a vi 4! am on a ) LAO C m Ln ra U 0 m 4- c m c o M 00 J � O_ C- O + O vi v O c 2 C O O a) >, O C: m E t += C O on U O 4- � 0 O_ m m U f° E a) U +- a U +M m m a) a) N C v o a c tw ai 3 'm vi '^ Ln Mc a 'L 0 u aC+ _m v a a) E E v .0 of 0 a O .0 -0 O 0 + L E m E a, m 0 a E O N OL L u L L m c a bD s E m a) U ~ m C " O i1D U L L L O L 0 C L Ou v Q FA a C m C v E a) tw m c m E O O u L v > C a m on O O_ a c m m m Ln a 7 U L u L 3 Ln 111 Ln ri O Ln a a 0 u _O m H a C 7 4- 00 p U C a) C O 0- O u L 3 a v cu a L O a 0 L a) LA 7 O L C vi a) OD m C m E a) Ln m u E m OD O 0- -C L m a) M a) L OD U E m OD O Q W C 7 O L m 4- O L OD a) O v 0 L a a) Q u U 0 v C 0 O O_ a) c 0 m L a L 4- a) L OD L a) 0 0 v a a) L L m a, 0 tw C a O u u m a a) N O Q a) c`o c m U Q O_ m Ln tw c m 3 m (U L c a) L v a U E O m U 0 _1 C (U m n v bD c a) m LA 0 1 v a a) a) 0 u 0 a) > a) a 7 u C m ai U 4 'L O a` v u cu Ln 4- 0 a a) v C C O a) 0 L O L O Q m a) N to 4-1 a) L C a aJ m u 0 v E 0 L a c m v 0 L N a m N m L C Q a a) m a m a) O L a) 0 L C a) E O_ O a) > () a a) 1 a; u c m .Q E 0 U v a O u v a u m a Q 4- ai tw m I — a) L C .N .m L O_ E a) L 3 a) v a) m z Li- L OD 0 L a a) U a C O u Ln a) U m m bD O a a! C Z a V 0 0 aJ M do c LA O O L a1 L m C .� m O C 0 CA .5 cr u m a C m C M C > O m v m M U M O a c � � n 4_ Ln c ; C 3 � > a -o m m m m U aLL' O 0 VI 0 'n L E a +� c 7 4- vi O a (D c I' C Co '� u u Q U U N cca a 4-1 u L — m b �aj � m u CA H d aJ m Z O Re a) L H O Lj 00 O O U_ 00 Ln 0 413 0 0 O a a v v) a +J ofO L 3 O_ m C N C m O � l� v E N N O OD O C a a a) C a m c IL^ V � C c O C Q Lu U .0 v u L ai a) L �0 + c L � bjD a) 7 +1 O X L a � c C O C v � •3 J N O N 4- L N a) U C c In C u -D Q aJ OD > C C O 4, O >, L a LL a 'L u VI d 0 O i _ a C U :3 bo E c E -CO 0 v C C 0 +I O bA O c rn Y ci C a m v E O C = 3 4 .E c ai O 4- aj Ln U O O c � 0 v On U m C U O O O O a i-i 00 a 00 3 O Z a c U 0 L m 4- IN L m m L C O N N CIJ O C m • a a c O c .0 N m m Q " u O a curn 2 N � O ti 0 N m CL aJ n O In 0 Ln z O O U m 2 0 N �U m LL U 7 a Ln L O 0 m c " O u ro N N Oo m O- OA > L ++ O = O L. Y CL C L O 3 r_ a co C U m O N L cu N O aj aj 7 0 N N }, C - f0 U O_ o L O � C } QJ v E N O_ Ij O ON GJ � v "O N -O L C ~ M C +�+ O C +� N ro > O v C L CD Qf Al L '> 3 z a m LL V J GJ O L 1/1 QQ Q: U U N f0 Ln G1 U -0 > N 7 Lo- C C d Q Ln c'n 0 Projects AP-35 Projects — 91.220(d) Introduction The City of Fayetteville Priority Needs and the Subrecipient Grant Process determined the projects to be included in the Annual Action Plan for GY2022 (Year 2). The projects listed below are the City of Fayetteville and Subrecipient projects that will be undertaken in GY2022. Projects # Project Name 1 Administration and Planning 2022 2 Housing Program 2022 3 Redevelopment Program 2021 4 CASA of NWA PS 2022 5 Magdalene Serenity House PS 2022 6 OneCommunity PS 2022 7 Partners for Better Housing PS 2022 Table 7 - Project Information Annual Action Plan 2022 36 OMB Control No: 2506-0117 (exp. 09/30/2021) rl M c m a c O N u N a0 c c a N _C N m m m E E O L Q d 3 tA }� W a X � N L O 0 Ln N E 6 in Z 00 enGJ 0 u 0 a •� u o m 0 1 2 Project Name Administration and Planning 2022 Target Area Goals Supported Administration and Planning Needs Addressed Administration and Planning Funding CDBG: $101,423 Description Administration and Planning funds are used for a portion of the salary and benefits of the Community Resources Director, administrative staff, office supplies, travel and training costs, some Fair Housing activities and other costs associated with administration of community development activities. Target Date 12/31/2022 Estimate the number Funding for administration and planning costs of the grant are allowed and type of families for CDBG. CDBG rules do not require that beneficiaries be reported for that will benefit from administration and planning activities; therefore, there is not a goal the proposed activities outcome indicator selected. Location Description Administration and planning activities occur at the Community Resources office located at 125 W Mountain Street, Fayetteville AR 172701. Planned Activities Administration and planning activities necessary to provide program oversight, implementation, and planning. Project Name Housing Program 2022 Target Area Goals Supported I Housing Needs Addressed Funding Description Housing CDBG: $501,554 The Housing Program does rehabilitation and repair to bring low- and moderate- income owner occupied residences in Fayetteville up to city code, increase energy efficiency, and address lead -based paint issues. Target Date _ 112/31/2022 Estimate the number and type of families that will benefit from the proposed activities We estimate that 10 housing rehabilitation/repair projects will be completed on LMI owner -occupied homes. Annual Action Plan 2022 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Citywide, when there is a waiting list, applicants are prioritized according to established criteria to give highest priority to those most in need of services. Priority criteria include: very low income, elderly, disabled, single -parent household, lead -based paint hazards in home and homes located in the Target Area. Planned Activities The Housing Program will provide housing rehabilitation/repair to qualified applicants. The program provides labor, materials, project management, Lead Based Paint (LBP) Hazard Control, and other associated costs to bring a home into compliance with State and City Housing Codes. Emphasis is placed on repairs that improve energy efficiency, alleviate deferred maintenance conditions, provide safety devices, and/or replace principal fixtures and components. 3 I Project Name I Redevelopment Program 2021 Target Area Redevelopment Redevelopment CDBG: $74,576 Code compliance assistance provided to low- and moderate- income Goals Supported Needs Addressed Funding Description owner -occupied properties in the City of Fayetteville. 12/31/2022 We estimate providing redevelopment to 5 LMI owner -occupied Target Date Estimate the number and type of families households. that will benefit from the proposed activities Location Description Citywide with emphasis in the identified Target Area in southeast Fayetteville. The Redevelopment Program will provide code compliance assistance Planned Activities to qualified applicants. The program provides labor, project management, and other associated costs to bring a property into compliance with City codes. 4 Project Name l CASA of NWA PS 2022 Target Area Goals Supported I Public Services Needs Addressed ' Public Services Funding CDBG: $10,000 Annual Action Plan 2022 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Description The CASA (Court Appointed Special Advocate) of Northwest Arkansas program will be provided with a portion of the costs to provide advocacy to foster children in Fayetteville. Children in this program have experienced potentially life -threatening abuse or neglect which lled to removal from the home and placement into foster care. Target Date 12/31/2022 Estimate the number and type of families that will benefit from the proposed activities Location Description CASA of NWA projects serving 25 foster children in Fayetteville Citywide; the child is visited at the foster home they have been placed in. Foster homes are located throughout the community. Planned Activities Each child will be visited in their foster home at least once per month. In addition, each child will receive 5-10 hours of advocacy each month to ensure the child is safe, happy and receiving the appropriate medical, psychological, and educational services. This advocacy also reduces the number of placements (and subsequent trauma) a foster child experiences prior to finding a permanent home. 5 Project Name Target Area Goals Supported Needs Addressed Funding Magdalene Serenity House PS 2022 Public Services Public Services CDBG: $11,900 Description Magdalene Serenity House will utilize CDBG funds to cover a portion of the salary of the full-time Resident Support Specialist. Target Date 12/31/2022 Estimate the number Magdalene Serenity House projects serving 15 individuals. and type of families that will benefit from the proposed activities Location Description Services will be provided at Magdalene Serenity House located at 624 W Adams Street, Fayetteville AR. Annual Action Plan 2022 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Magdalene Serenity House supports survivors of trauma, addiction, and incarceration. The Resident Support Specialist provides essential supportive services including: crisis support, peer support, recovery services, workforce preparation, group facilitation, and connection with community resources. 6 Project Name 1 OneCommunity PS 2022 Target Area Goals Supported Needs Addressed Funding Description Public Services Public Services CDBG: $15,300 OneCommunity will provide a family literacy program Feed Your Brain/Alimenta Tu Cerebro that promotes reading through fun, interactive reading experiences and encourages parents to be involved in their children's reading and education. Target Date 12/31/2022 Estimate the number OneCommunity estimates that 70 children (30 households) will and type of families participate in the family literacy program. that will benefit from the proposed activities Location Description The Feed Your Brain/Alimenta Tu Cerebro summer reading program will be offered at Fayetteville Housing Authority properties. Willow Heights - 10 S Willow Ave, Morgan Manor - 302 E 12th St, and Lewis Plaza - 401 S Lewis Ave. Planned Activities OneCommunity will implement a family literacy program that promotes reading through fun, interactive reading experiences and encourages parents to be involved in their children's reading and education. The program involves a weekly curriculum. The sessions focus on literacy themes and strategies to teach parents how to read to their children at home. The program incorporates music, dance and singing to encourage participation. There are also take-home activities to encourage parents and children to interact. 2 � Project Name I Partners for Better Housing PS 2022 Target Area Goals Supported I Public Services Needs Addressed I Public Services Annual Action Plan 2022 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities CDBG: $10,885 Partners for Better Housing will provide lunch and learn events to help potential LMI home buyers learn about the Partners for Better Housing Pay it Forward program, learn about accessing financial programs to help them prepare to become homeowners, and assist with cost of accessing those programs. 12/31/2022 Partners for Better Housing estimates that 125 individuals who wish to become home buyers will participate. Partners for Better Housing plans to provide these events at various locations throughout Fayetteville to make participation opportunities accessible. Partners for Better Housing (PfBH) will provide lunch and learn events partnering with organizations with LMI staff and/or clients interested in becoming homebuyers. Each event will focus on home buying tips, accessing education resources for homeownership preparedness, and determining viable homeownership options. PfBH will be working with Credit Counseling of Arkansas (CCOA) to assist participants in accessing the services that CCOA offers. Annual Action Plan 2022 42 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Funding for all projects is citywide as the LMI population of Fayetteville can be found throughout the city. The Redevelopment Program is available citywide with a focus on the self -identified Target Area. Geographic Distribution Target Area Percentage of Funds I Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City of Fayetteville feels that it is important to reach as much of the LMI population as possible through the projects funded with CDBG funds. Allocations to projects that are available to all LMI residents meet this goal. Discussion There have been projects in the past that have targeted specific areas of the community and could be again in the future. The current needs of the community are best met by the projects included in the Action Plan and they are available to LMI residents throughout the City. Annual Action Plan 2022 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction As detailed in the Con Plan maintaining the affordable housing stock is a priority for the City of Fayetteville. This is accomplished through housing rehabilitation/repair to LMI owner -occupied homes. Emphasis is placed on bringing homes into compliance with State and City Codes, improving energy efficiency, alleviating deferred maintenance conditions, providing safety devices, and when needed addressing lead -based paint issues. One Year Goals for the Number of Households to be Supported Homeless 0 Non -Homeless 10 Special -Needs 0 Total 10 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 10 Acquisition of Existing Units 0 Total 10 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The one-year goals for households to be provided housing rehabilitation/repair was determined by looking at prior years' project numbers. Annual Action Plan 2022 44 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing — 91.220(h) Introduction The Fayetteville Housing Authority is the public housing provider in Fayetteville. The Fayetteville Housing Authority has the following programs: Public Housing, Project Based Rental Assistance, Housing Choice Vouchers (Section 8), and HUD/VASH. Actions planned during the next year to address the needs to public housing The City of Fayetteville Annual Plan does not have actions specific to public housing in GY2022. The actions planned by the Fayetteville Housing Authority are delineated in the Public Housing sections of the Con Plan. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City of Fayetteville CDBG is not directly involved with these activities; however, through consultation with the Fayetteville Housing Authority and access to their 5-year plan we are aware of activities designed to increase resident involvement. Hillcrest Tower (elderly and disabled) has an active Resident Council that meets regularly. CDBG staff does periodic presentations to this council to provide information about programs we provide and to give residents an opportunity to share information/thoughts/needs with us. The two family complexes (Willow Heights and Lewis Plaza) are implementing neighborhood watch programs in cooperation with the Fayetteville Police Department which will increase resident involvement in keeping their complexes safe. FHA also plans to conduct regular "Love Where You Live" community meetings to receive feedback from residents of Willow Heights and Lewis Plaza. The FHA 5-year plan indicates they have a goal to implement homeownership programs. The Partners for Better Housing subrecipient project has public housing participants among the groups they plan to reach out to regarding homeownership. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Fayetteville Housing Authority is not designated as troubled. Discussion The Fayetteville Housing Authority is an important component of meeting the housing needs of Fayetteville. The City of Fayetteville will continue to support and work with the Fayetteville Housing Authority, including FHA having the option to apply for assistance through the competitive Subrecipient Grant Application process. Annual Action Plan 2022 45 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The City of Fayetteville recognizes the need for homeless and other special needs activities in our community. Participation in the NWA Continuum of Care, consultation/partnership with local service providers, and hosting/participation in community events keep us apprised of the needs in our community. The Subrecipient Grant Program and the provision of staff for the Hearth Program are the primary ways the City addresses homeless and other special needs activities. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City's active participation in the NWA Continuum of Care (membership, board, committees, coordinated entry, and case conferencing) and ongoing consultation/partnership with local service providers is our primary method of reaching out to homeless persons and assessing their needs. Hosting and participating in community events is another method utilized to reach the homeless. For example, our annual CDBG in the Park event is widely attended by homeless persons who in addition to receiving lunch have an opportunity to learn more about our programs and programs offered by other organizations/agencies in our community. When Fayetteville Animal Services offers vaccination/microchip clinics for the homeless, Community Resources staff attends to provide information about Ranger's Pantry Pet Food Bank. These community events and activities also provide homeless persons the opportunity to share with us what their needs are. Addressing the emergency shelter and transitional housing needs of homeless persons The Subrecipient Grant Program which provides funds for public services and public facilities has been the primary method that the City has to address emergency and transitional housing needs in our community. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The Subrecipient Grant Program which provides funds for public services and public facilities is one method that the City has to help homeless persons. The City of Fayetteville will, during the period of Annual Action Plan 2022 46 OMB Control No: 2506-0117 (exp. 09/30/2021) this action plan, help homeless persons make the transition to permanent supportive housing through the provision of CDBG funded staff to provide oversight and case management for the City of Fayetteville Hearth Program. In addition, the City partners with local service providers and participates in the NWA Continuum of Care to address the issues homeless persons face. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Subrecipient Grant Program, which provides funds for public services and public facilities, is the method that the City has to help low-income individuals and families receive assistance from other agencies. This action plan includes funding for programs that will address LMI youth needs in our community. The youth centered programs will be offered by CASA of NWA (advocacy for abused and neglected children), and OneCommunity (family literacy program). Survivors of trauma, addiction, and incarceration will be assisted by Magdalene Serenity House (residential support services. In addition, the City partners with local service providers and participates in the NWA Continuum of Care to address the issues those at risk of homelessness face. Discussion The City of Fayetteville through the processes described throughout the Con Plan strives to identify and provide support for those in our community who need it most. Funding levels do not allow all of the organizations/agencies that address homeless and special needs activities to receive support in a given year, we utilize the assessment tools available to us to determine the best projects to implement annually. Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) 47 AP-75 Barriers to affordable housing — 91.220(j) Introduction: In February of 2016 an Analysis of Impediments to Fair Housing Choice (AI) was completed by J-Quad Planning Group, LLC for the City of Fayetteville. A public policy review was a component of the Al. The Al determined that the City of Fayetteville's land development codes and zoning regulations address affordable housing and offer the provision of making allowances through the code to allow the construction of a variety of types of housing including single family and multifamily housing. Regulations allow unrelated persons to reside in a single-family structure and have adequate provisions for group homes and special needs populations. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The Al did not identify any public policy barriers to affordable housing. Discussion: Community Resources is cognizant of the importance of being aware of and responding to any proposed public policy changes that could create a barrier to affordable housing. Annual Action Plan 2022 48 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions — 91.220(k) Introduction: The areas listed below are explored in greater detail in other sections of the Con Plan, this section broadly describes the actions planned to address the various areas. Actions planned to address obstacles to meeting underserved needs The City of Fayetteville will continue to consult with local organizations/agencies, seek public input, and participate in the NWA Continuum of Care to stay aware of the needs of the community, identify obstacles to meeting underserved needs and provide assistance in addressing them. Actions planned to foster and maintain affordable housing Maintaining the affordable housing stock is a priority for the City of Fayetteville. This is accomplished through housing rehabilitation/repair to LMI owner -occupied homes. Emphasis is placed on bringing homes into compliance with State and City Codes, improving energy efficiency, alleviating deferred maintenance conditions, providing safety devices, and when needed addressing lead -based paint issues. Actions planned to reduce lead -based paint hazards All housing rehabilitation/repair projects the City does adhere to HUD's lead -based paint regulations. Lead -based paint testing is done as required, determined by the age of the home and type/cost of work being performed. When lead -based paint is found lead -based paint hazards are remediated as appropriate according to the LBP regulations. In all rehabilitation projects, lead safe work practices are used at all times when lead is present. Actions planned to reduce the number of poverty -level families The City of Fayetteville partners with local agencies and participates in the NWA Continuum of Care in local efforts to develop goals, programs and policies for reducing the number of poverty -level families. The City of Fayetteville allocates CDBG funds to activities that assist poverty level families in Fayetteville. Specific activities are identified in each year's Action Plan. Examples of activities we have funded that assist poverty level families include the City's transportation program for LMI individuals and public service activities that support mentoring, literacy, after school, and summer programs for LMI children. Actions planned to develop institutional structure The Community Resources Department (CR) of the City of Fayetteville oversees the CDBG programming for our community. CR administers the internal housing, redevelopment and transportation programs Annual Action Plan 2022 49 OMB Control No: 2506-0117 (exp. 09/30/2021) that are funded through CDBG. CR also administers and monitors the CDBG funds allocated to public services and public facilities in our community. We ensure that internal and external programs follow HUD guidelines and benefit the LMI population. The City has not identified any gaps in the institutional delivery system. The City of Fayetteville will continue to consult with local organizations/agencies, seek public input, and participate in the NWA Continuum of Care to stay aware of the needs of the community and provide assistance in addressing them. The Subrecipient Grant Program will remain the primary way that we will provide assistance to organizations/agencies in the community that benefit LMI Fayetteville residents. Actions planned to enhance coordination between public and private housing and social service agencies The City of Fayetteville will continue to partner and consult with local organizations/agencies, seek public input, and participate in the NWA Continuum of Care to stay aware of the needs of the community and provide assistance in addressing them. Discussion: The City recognizes the importance of collaboration/partnership as well as combining the information available from others in our community with the information we have internally to develop actions that will benefit Fayetteville. Annual Action Plan 2022 50 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2022 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments Annual Action Plan 2022 52 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Comments W' f il[itiA_S Dmra aapax AFF DAVIT OF PUBLICATION 1, BritWiV Smith, do solemnly swear that 1 am the Awnamd,7g Legal CJ,-rk of the Nortltwem Arkansas Drmocrat-Ciazen. a daily w*spaper primed rind published in mid C:ottttty. State of Arkansas; that 1 was so rciated in this publicati(w gt and during 1ha pvt lei eiiar of the WrL xcd legal adycAisement the mattes of:, Nortic-c pending in the Court, i n said County_ and at the dates of ahr- sc%re JJ ptrbiiaations of-xiid Mvertiseawn'_ sleeted below, rend that cluHT g said pModt ar►d w said [fates, a�,Rd uev F►rlacr was prin[ad atnt had a bona tide circl. d iurl in raid C:otutly; that said nowrpaperhad beet le;u Hdy Ontcd and published in paid County, and laud a bores fidc circuladon therein fior the period of otrc month hcfine the date of Eha first Publication of said adWrli sema:ni_ and Thal said sd❑rrtisement was publiAod in the negdw daily issum of said newspaper ab 4f,%K,d helow. oily of 17sycttcVdic Public Comment Wm inserted in the Regular Edititm On; .Tune 19 & 26, 202.2 Publication Chwgasr: fi766A8 Winany Mith Suhcerilaed and sw�ra�n"�t'o Before ue s This ZI day of , 2022, Ndary Public My t'•1,lrLMi88ioraExpirWs: di-114 "NOTE' • Please " mA pay from Affidavit_ imvim will N WDL ATTACTFED COPY .•J t.rllY Annual Action Plan 2022 53 OMB Control No: 2506-0117 (exp. 09/30/2021) .. iQ-O. =1)J Ft. hl..u<.� nl,l•.u: �I, f.ual_ Fr,,: 19Jncrr• _J'.a ,I; :I'175I '•J.nl r.,llxl 41k,1 A�� 17r; ., I,I ..,.. .. 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':I Annual Action Plan 2022 54 OMB Control No: 2506-0117 (exp. 09/30/2021) AFFIDAVIT OF PUBLICATION 1, Mtlany -Smilh, Solemnly swear that] am the Accounting Legx( CICTk fvr the Noillkwesl a rkuttsm Newspapers. LW, and I do solettWy kkvcarr that the a=cljed advortis$alent 0,t . of kaycttcvitic 2022 Publ is C'oQnnmcnt was Published in the fallowing wcckty papcKs); X . La Prensa Libre Dakf s) of Publicad4 m: Jame 23, 2022 Publication Churga; S10.01) Brittany Smitl, Swart, ro and subscribed before me This day of ---,2022. ua'o Notary Public My Camrnisaion Expires: ! t enR'u ; � r MOTMY F UAL, r`.. KANSAS Md CD[rrrli �hltt ca C2-2U 2� Commim vi hto 123�711tI ""NOTE" Plcass do not pay ham Affidavit Invoice will be gent Annual Action Plan 2022 55 OMB Control No: 2506-0117 (exp. 09/30/2021) As i'772 AA 1 w-crac I ith^. 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Application for Foderal Assistance S P424 1. -yw. nr SI.NAr,xhl 2 Tyu e 13rApuiumik-T H Rc�193i sek,:L apnripin:c Lier'%) P-t50PPIiLLItbI- 1 NFW I r-harp&IGnTr.drm Arpic,6-.k-,fl Rev 010-1 .1. 1 X;rLi HpfjAkR.,l 4. A*:4Jk - :m -11 jdej-fifi!7 5L ;:Ldual Entr'y ldcnbfi--.i sh ruL;,4jIA-pLyJIdcri6=r ONO Ua00 lly: ei Upir. �rrrkr..I �.y FilRtr j - Swe Aj-.,iL;..,: ui ova ier: E. APPLICANT IMFQIRMATION: -egai Nam: L I -L Er-()cqenTaK--1a5-�e WtTIAI�. LI- VjirktTiEIq.T N. r.. r),T.,A?a.nA ni iK5 d. Address: 51,wl: FA Cow kyf'a 6 1. SW.d: PT.vircn,: Z 1; � FL'Ad D. CrSainizutianal Unit: CmpmImun, Narw raoalor Nalre T. iiiFurirsaW- nLpripewn to be contacted an mah"L IrreDWIng thft 2loplIUR110"; Phr .W%le L;3,t �bmv. FF riwi Nw-ie -?Je: Tcxr.1-o-kn. Nwnhu- :3A Ku-mnr- I A I. Annual Action Plan 2022 59 OMB Control No: 2506-0117 (exp. 09/30/2021) 10. Name of Fadem, Agency: CMA TAW Annual Action Plan 2022 Me OMB Control No: zsoo*1o(exp. 09/30/2021) Application for Federal Pmsistance SF-424 16. Canglrasswrial Districts OI: �CGlkxr[ -� •J; ' h Pragrrun- 4nirl a1:L I'ra•wh Y..a! PiuSralti"-jpc. :;ugro. s n-ial 7k-al:lx 11 nrArkol hddAitacl•rncnt Dr:4M4Arnnhriv:r(.. 1h0�+'A.itECYlTbr! I Pmpi;sod Proj9Ct; re i11'LUN": .l ;,r;:Csl `L 2_1'ADULy. 12. Esiimatcd Funding (fi): 9 fedFra .....::i1!.;rn f'FI-`Heart -- -c "I Llild-1I 111L'J111e IS 1A Appilcallnn gumjrCt 1a RWIOW By SL49W Ih1uk•r Eu_•eutire Order 12372 Process? I_J a Thix aiplirnho•11vaS "a-, pe• ilabla ID M Z VE), L Icer 1Ye :Ei2CUN!i OrCef 12372 FYMe9s f".r vg-Amv ur - %_ 1: 1�•i: I I c Prze-QT 1: sunj-s M F 0 11:'7 O,rthm nCtbebn selactoo Cy'.he SLdLb fur Ixvien. ❑ : r° oarwi I& no: (:C�ered by r 0 12572 ` U. In Ilw AtWli". ift DelirlyunuL 4n Airy Rxd=ral bebO (If -Yes;' prooldn arpLalwtlgn In atI;ChM OrYt) Yes '\].U. Ir' YeY , fJIUUkJL exp anajian xne otaon Ayd1k7ELC imirL DalueA4a.hnvenl VirwAnarhnl_ir 21.'By signing this appllyppnn; I Cerlllf 11) le IRS blofirrlania eorit6misd in the fat df eertifisallonsr' and 121 thal the slaiomon&; herela rib told, Comlpi5be adtl aeeurety bo the bast of my knaeAodge. I also prrwirla Um roanlmd' asmlrranr:aa•' and pgrQg to curnply with erry resu king terms If I acrr_•pl an award. I am avrar4lhat Pny fial5v, rlellUous, of rrdudulent elelrrmerdu ar cblime tray suhjectmoto crimlmal, r.Iv11, oradminla-mrlue Pangllles (U.g Ctrt16, TAILL210v.3cufiLn 10DI) ® "IALGREE ,'The I al rr ceriiiealla 1: and nr rn Iyxyna xlla e•adre y6d n ep WA f . 14 1e1, ia'JJ-nei•Ieu iu If a 91111LLI'Lelrerl 11• zgeucr 5ML; ie i .zu_:errs. Mlkorld.Q iepf6ea11LuLivo: 1rlx Fig.. I r r15t %JUM l:.mc LC row6 rlel-x r -1 'Lo. Name Inrcn_I -- S1 1!, 1 'Ter r Y11- _ 'eleaha•e Vumter S _14-', T'i_s s L 1 R Kllnl x r. — 'rlrail: rlayarp fn yarc a Vk 0 ar, .5lglokmathLtFuzed 99pesentod ^� 'Dene-Sgred:MAO • r��� ° ►JJIF�r� Annual Action Plan 2022 61 OMB Control No: 2506-0117 (exp. 09/30/2021) ASSJP.gNCES - CONSTRUCTION PROGRAMS 131r18-Nu•r6nn 404r._ nNA Publi;: - wnin3 buroen For this oclleclian 3f l lfanr•aliun in bst irntkxl t4 cvcragc 15 'ninutas ocr mgponsa, indum ^g t!rne forreriewim; G4 roll nr.l;cn4 Kr!wcl• imi (;,xisiing data soures, gather rig and maints r rig the d;sl , needed; and couple[ -g and reuiawing the eollaet c) of r ^tarrnatlD,. ISe.^d cnnimznitS 't�&wcon; tic., burden estenste, or -v c' he' asre:Y 01 this ca'ecllen 01 Wirm irrn including su;lgea6cnafor reo-icing t-is i3.'cen, to I. k 011icxe, d Kirn,gtrpei d dnd Du aW, Paperwork Reduuion P•o,ect (0, 7(144, VVashlncgkcn i ,0 MCC PLEASE DO NOT RETURN YOUR [:OMPI FTED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Ce'tarn of lhese Qasuriinr.en nuy IrLx:?C eVPlii;ADIv Lo n .r prDinr.; c- prvg rem. V you have r;,,wslimrs. p*asn:rnta<:1 Ihr; Awarding Agency. Further, certain I edexe, -1 s111;lnro� a,tia-oing ::iena4s may require apphcs+rds to cert•.iy to additiralrjl assurances .f such .s 1he case, yo, will tie notiled. As the duly autrorlzed repre4,-,,Iakvc orclre upOicant:, I mAify chat re apolirart: 1 I la¢ Ile. ILAi;a I auchority io aoply for Federal a8&,itenee. a"d the IrSWIUDI AI, rid.• _ ,.,K ria' and finarmai czN;rabi ily { -eluding knoa 3urlic:ienrI Iv poy k',c lion-fcttcrai share eprajeo core) to erasure-.Yoner rdannirxl, mariKemer4 and comDletiol of proles de:s:rT.V.d in H, N aWicailon 2 ',4 I give 'he awarding agenrg -h:_ Co-ripVulcr is oneral of the United Stalea ana, f anprnaf 91p t'10 fiL lu. Inc rig--. Ilo axarrire all reccr,7a trophy, pads, n• :Amkirr,,:rsv rcli&c to thD eas.stalce; anLI wl'I eatablah a Proper:]cr:curn;ing system in accordance with ypnr-ra ly anm.epled ac:rx,unlina s:andards cr agency ., irective9. 3 ','dill not dispeee of. niodlly the usr. tar, un chat I.qu Ihu .crms of the reel property title or other r .br.'s in t nr gOW a-d facilibee wit -out perm ae of and inairucl W3 -rnm Ihr,;iwariin;7 agan:.y W.I recard the =ederal akvarc'ng -59v1'ocy di cxavus arc will include a cnrenan-. in the .Itle a1 rer I ru pr rly ouuuh vJ in wholo cr in pan w 1h =atlers aaalalarice Inrldx to assure 'rcr.- diecriminateti during the useful we m Ihr! pr*,,cj dl. TAII ;ornply wtth IN' rP.quirr%rnrrnts of -.he assistarca ea'rarding agencyi,vtlh ragprq Lo ;he draNrr9• mvicar and apprsn'al c' cDn9crumion plank arld `,Ijt:Lj- Wtlk7nlF 5. Valli W.Wi .4 8hd 0110 r;uirl L;urrlpctr,nt and adequate erglneenng 3uprrviwcx•n ol. the eansklLK;tK;r stir, to e naure Mal the camptele, nark nxirrfQrn-js s+,th .ho a,Tra%,Ed plena and wecif eatlans arcs ve 11 IWrn' h progressive reports and such other inform ;lien ae rriii) ix; ruciuirud kfy the aasistanm awar: rg agerKy or stale. 'rbl!I Initlai8 and ODMoletrq Ulu v!ulk wthin re appficabla L rie frame afLer nY.ceilil Wf ;,p;) twin u: klx: ukr�-.rding age -icy f V'hll e91eoc in satraguardg to f:rahiH-. Gmpeyyoos From using their xsaltlong for a pi, rppse that 40n5G'ukCs or prosents the appearance of pHsFonnl un cxgur rfUti�l,:a' ccnflict of intereat, o• pelaonal gain. Z1 Will comply vritt the Intargmenimenca I lereornm {x:l a I 1 TT) (42 U 5 C. 4-W28-7031 rarat 1g b3 prascloed smrid. rn s 01 inrn it }Y.vtcrrlb kS r pro5ra Tm funded under one of IhP. 19:$Wules of rogi-aliuns Kmaiad in Append x A of 0I1b1's 41811dan LIN tun a Mrr , 9rik4 n o' Par.Dnnel Adminat'a on ;8 C.f.l4. Ntl:), 9. W I comply with the Laad flntNwd Pain) Klisoning Pra%;"on Pxt f42 U.ri r; %4,K)1 nt snarl.) wiffli h Prohibits the use o' ead-based oelra Ir onrsrr,ncuon el, rwhabilitaiian of 'csidenca strurturar.. 10. 'o4fll ca,'Ilply 6vilh all hedei al sl a{rn Ins i vlolir:g ki ,vil- discrimnralion. 7tese inauoe but are.- nol tin i;r_ r t,- (a) Title VI o', the Civil Righta Act of I%i (RL ed 352'. which kvrtiluhiis discimindcm on the baste of race c01or of nOtipllal 01 ipilr, (bi Title IX of the Education A,neodn)rnlx ur 1977, px ;Urns: 'r&YJ (20 U. S.C. §y 1661 1 E8•S, ald 1885-1 sm1 . -hirh prg•riUiL% dl5.rirri tat Oft cn 1re baea ofaex. (o} Secllon 50f al Ihr. Rehabilitation Act Df ' 073. as erneroed (29) J.S. ,. 9794). which prohibils diserirrinaticr on !he Nero ,:l tna idicaus; ;al Ih.' As0c 0 strininaJon Act of iumr-. as armed d AP U S.C. �i$6'01-,G'07i, which prahibits dieWminalirn nn I-, hpulu V OZ.C; (o) the Drrtg.kbu3e Office and Treatmenr;-.:Y o1 107 (3 1 . 97,2.551 as en`2rzled re18tlrrg ro nnrilic:'.rim r)s111nn Cyr• t••,:� hasis of drug aorse: (-"� t-e Comprshen9lvP. Ak nhnl ANse rllyd Alrr,hQism Prei i;tior,Treatmei"anc hAha;tiblr.liuri AV. cf 1970 (P• L 01.616). as amended, releb 1g Io nondimrimr-Minn on the basis cf s. cohol ahiae or al:r;hf1eW :!0 §0 3 and W c'the Putlic Hesth t�Mra AC( or 1917 f42 U.5.0. §�290 dd-3 and 290 se 3,, as sriHided ir.lal ricl ti; w-i bdt.i llAllLy rJ- dl431al a^c drug abuse pfilenl reocrasi (h) —rlt; ,f I of ha Civ R.ichts Act of 1968 f42'_.3.C, §j;6rT,71 nt scq 1, es amended. relating to nDndi9crirri ralicrl ntn: P11c rur:.al or `irariang a housing; (r) arn}criher nuricIzx '!ninath7�i ProviriDns m the spa-,fic siAtue(a, crrldcC ce--ch avo icAan fcr Federal awls-anne is teing made, and {.7 t'•c rUt 0arilts of nny olrar nondischIilnatM Slalura:5) Midi rrayarplytDthe applicat nr Pre.kunjc Fe: -01 Uaaula AL!hwiand for Lncm Knpr)IPmlivi Stardam Frr-rn4'141) (R@V i-b7; PreeuiLtn; ;:y OUGO•rcularA <02 Annual Action Plan 2022 62 OMB Control No: 2506-0117 (exp. 09/30/2021) '.' . Yi' I co-iGly, or nas alrtisCy complied, vnth the requilemeilb- ;irTiL'cs 11 and 11 cfthe Uni=orr Relocation Ass lance and 1 ie!a, Prurt-Ay Rr;luis.iiorr Policcs e)d of 1910 (�.L. 91-&161, ova ch s'cvide (of lair and equirh!A! treatment of persols aiaplaced or who5e property is aWuiicd im a icsul' Y =odara, and federaly-emis.ed pi.'xjia-res.—I-r-!ie•. itgUIIClriurltu vpvy f4 all Ar,-rcyds In -cal prope".y acquired for prge.e.l pnfNnxrs r-i3aidlrss A Federal oanccipst or in ou'chsaea. 12. 10AII CUrrlply %v f1 Illu proryisbrs of 1he Ha1Lh ALL (S U.S.C. 5§1511 1.906 eiuj 7324--7020) Ntlir;-1 limit thi, politi.;al aurdit as of empl3Yees kvlxrse P"-16FRi1 en•p (ATM-1 a€tioibea are funded in wrote of Ir pan +n'Idh I Me'a 1.1 ir15. 3 ',4 ' comply, os applicabla, with the provieic -a cf the 6emia- rlaran Aral f40 U 5,C M276a to 2713a-7). the Copeland Act (4I1 L l.S.t., §"Rfl.. and 'A tl R C; §074) wid IFo Contract Y1c k Hours and Salk.V Stnia,9Mg rW. r40 U S.'w. 55327- 333} regain mg A 3Q' Elsndaf. 4 for Ie:f1Pi 9 ly-a-ssiNlMl consiruchor subagrearnente. 14. VV I co'nply wilt 'Ixxf irinira r[x py Vi-15c Y7q.1 rOm4nb- d SecClon 'r 02(a) of the Flood Udsastlef Nro:ecdiun furl ur 1973 (P. L. 93- which requires rearm A,, in a sper:v. tlrcd hazard area tc part cipate- in the prcg an and to oirchase Fccd nsu-ancc if thc total cast of irsurable carstructicn ni xf ;jv:jiji% :lrin i!r S10,CCO ur from. 15. 4'hll comply%vilh BrMrcnrnerlal star-dards which may be prescri aed ft.. •suant to ;he fo-lowing: (M inslituticn of onvii onrinnUk quality wrive' rreasures i, mar Ile N alionel F•-vin,nn,enld Puliuy.+k of 1969 ;p.L 9 1 - 1%- A Slid Lxerulive 0-cte- (r-0) 115' 4; (b) notifiealicr r viofstiig fain tiee pumu yr Lo _t: 11718; (,<l crcteu on cf v etlands pursr.ant rp !:D 11990. (d) evaluaiicr of flaad hazarde in ftondplalna In aormrdSnw. wilh CO 1190L; (o) assu:ance arprelect consistency widh the approved 5.aic nanagcmont program dew&cxxaclwic<nILuCaa;talZvr ManagomcntAct ar 19r2 (16 u.S.C. 5 145' e1 s Y!.1; (I: r:gnr!+•-nity (j anions io Siete erlean ry','r) inplen sntatior, Plan rnrflPf neit:inri ' 7g(e`) al Lie! 11.10 n Ar k-j c! I U05 as amended 1,42 1—b. G_ �g7AC.1 &1 seq) (g) prot3u cr of underg olw sources of drinking water tindrr the Safe Grirking 'v o,*C, Act of 1 D7A as mne—oed (P.L. 91-529); arid, (h) W:Ilrrjun of en7angerK.. s-erles untlerlhe F110-0p.1-nfl ti!Pt iPk Act of IG,12. sE smandea (I'.L. 93,-Z! if. I E 'N,111 +comas y wdh :he LMld and 1;GPnIr RI ftiCl of '969 (16 :1-S-C. %1271 el seq ) ialateo In prale.Uliny comoonarts o• pater.isl ecmporignts of the rralional wild a-d sc9ric river's sysism. 17 Will am;i-IIheAw,nding :r.3 ir.:yin;v; rngrpmJloIr with Sete for 1 Oki of'.he Na iona, Hlstcr r. Pi P. w-vahon Act of Ikj:s, as amended 116 U.S. g4r,],, FO 11Fiy,i (iden'itication and protect or of hisiario p•ooe7ie5) anc tho Axha(xlcgica and H stcrc F'asorvatbri 4z: of 1974 (109 U C $$ 4$ a 1 c. seq) 18 V All cause to be perfa•med we requirec f roncial and comol {rce audits i r scccrdance witln the Single Audit Putt An c:ldnx:'•1s of 1008 and OV B C cular No. A.-135, "Aix;ilS ur Slrtas, I vua! Gvdunin-v!IN and Nor-Pruh: Orga-izalions.' 19. Will ""ply :.i'.li nil appli" 1) e, requirements V all ott-vr Federal laws, execL9ive o-ne.ys, regulalions, and pulirr,•s gaverning tHa program. 211. W 1 rpnpl'r -.rite- frc roquircmarrts ofSamion 1005g) of t-e I fill caking `JChuix Pirdrdinn f•wl rr11Pk; of 2000 as arrwnoera (1'L U.S.C. 71 Dal which r7mhihilS gr.iril awrarij rea;,e"e or a sub-reojoenl mom (1) t^gsrglnrg;r seyeoe Ferns of lraRciing ! i parsons yuring the perms of lime that :hc awa-a is in affect (2) P rovrring a xrrmam al Sox art Jor"ic' the period of tirre that the swarc is in Plffer.• rN' (xj Uxing rni:l!d Iiihor i•• th4 porforrrance of the svram nr.R.M-v, fdg Under the a+rrard. SIGNATURE 9F AUT-♦ORZED OER'rI-YINOOF-I-L-IAL I flF kPPOCAW ❑RGAIN N — DATE SUB'dIT-ED x e'r : t rxe-:rtar Annual Action Plan 2022 63 OMB Control No: 2506-0117 (exp. 09/30/2021) C'FRTTF1C,17'1CllS 113 u x;u-dant::a With the applk,ab.c Rtatutcg and tllc raSulatin 1R gmerning the onrl;olidatcd plan r. gpILItiL�n;>, t113jlari5tli;,li:-Io cerlifrs L_•nd: Affirmatixrlq Further Fair Housing--7llC,jUTi1idicLion %will affo•rnAtivcly finthcr fair 110115i _k Unironn ltrincatiun Act and Ami-displa¢ementand RelocallanFbIll -1-*,ill Com313- wiffi(Lie alCgLliS[litm and relutalion rcyuirullmbL ol'Ihe.I:nilirrm lielora,tic•u1 AG4 MIleC and (teal rmprlty AcrL kirinll Pnlir.ic. ACL rll' 19"0. �15;¢ucl:tlrLl, (42 U.S.C. 4 01-c6�5)nki implurnmLiur rcKula6cirs aL-14t CUK Fnrt 24. It hag in rMer and is Jnl cimnq a 3rc;;iricn7i.31 anti difplgC Trignk aild r,�IoCxLio1L 4i,2,Ulalica phai rMILIM4.1 vaduT 24 CT1Z Part, 42 in connection a --di any actiidty aiRlStcd witil fllndlast llndc, tl•e Coillnlunity fly; elo_•IlWILL [ lvA GruuL ur ll0ME pru mirrrs. Anti-Lobbying--1'o Lhc hMLcif the iurisdiatinn'£ knowlcdQc and hclicF: - N:1 Fcdc,-Tal .rppmpri ftcd funds have bmi raid o: ni:l be paid- b3- ur ulL brlrtir,rk, lu alllr ])--faun fa- illfluerlci:LR L7allwrlpling.10 influence an 1fficcr orQU-Pl(Tym nfAnyagou,.y. a Mornlwr ('nn,,rrzg, an affix p 01, eL1131u_lrer V1 CUtLglrGS:i, yr LLn rrrlplMCC of a Mamh ;r al' [: ongress u . imccum with the aursnling of xr� Fed,�af Cttnt�Att, rlrz �r1,yf ink .,rait} rudxlnl groin, (he:rwkiLg. of rmy Ccdend loon, lht• CnLering inu) Of MY UL1opeextivc AgrcclnUt, MY! 1`1112 tX11VI 011I port{ il) till Ti;trj, me;ray ,'tU1mi(Llerll, ur rFpdil1cigLit.m3,JTa:ty FUdmll uu:llrazl- ;grunt 1um1, ctr ccx rcrati ac a>•tocrrlcnt; '. If mly fu•ids other thr-n Fc&-ml apprnprivoiCd Fu ids hart b ct. paid ur gill lx auid (U apy persur. G+r iullue[ltiueoraut II])LI[LgltrIILnLIC[IuCFJ[I[SfliM-rL`rUMT,111CenI`anynWW-•,a Mcntherof(:;1.1gr,*g,ail orfiCcl (Lr;liplt7v OJ COI1gL�:S. yr,ulcwplLt,reufa !tir[rLbrralf(,nnprc.xln csmltcxli:ln Wilk LF..iR 11clMI ec)mmt. putt, lresn, nr znollrrlltiiir it ivilLC3_11plete and eubuli: S-AwhiM Furrn-L11L, "Disullosumvixrn tv 1(-opon Lobby-'1Ajq," in au'ellydar-x with it,, i` n-net-cm, and 3- lc will rrgnitu rhst A a Lan9VAge 0(')a;u;gW;rp]L I and 2 UCII16 unli-lubb,,inr ecttiGoolitrn be iuclud; d in the anard dllcurlpnnc for all anhewAM.r, nt 011 tier, (inCltldllLg sub4�rrtrx[s. aubucaws. uaki ea:amwis un:ler ,.ra(1ts, LULn1.5. zltld CM.Teruli:e mpreemcnti)and [hat all suhrceiaiarlrs s?IaII cerrity allyl :ii-.;olCSC Aulhut'iLV 0f,1uriWiclii3n=1'hccnrT.+nlidrrt;xl plan is autll,)ri;rcd mde'r % y Anti 'r.:., IA1.e (a: 3f;)11ic�L111e� 1,1d the..jllruas iiJifli011 pasa:cs llir LoWil lnlilimiLL Lo:sLrry LnIL Lktm:L)acams fur which IL is Rmktny tending: in xocr dlnne lL ilh appfi4a-Me IK:D,cglll;aliu}_s. CUn3i8t6tie+, with plan -- the hnusir.g activities to bcurldcrtr-kcn withCLwimnjmij% Doycl1-pin;.ilt 13:LVck C-railli, llf)ME LnlLxpeucy Salulions Grain, and llous_ne Op-nnrtunities fnr F'cecn1s %Vitk r�IDS'r-nds ale crosincllr Willi1hC itra Weit: plait in Ule jurisidk;kion's ct?nxllidided plurl. $Laken 3 -- It will uxmply Frith 40DIi0n I nftllc Hn.Lsing All, I.l'hAll DOVC1nlMmrnt Aet of 1968 I C..S C. 1 l(0 uIIJ ' crrlerlli c regululious at 24 C'FR ParL 75. g,1 ere Il l . i.cLl Of iuial IJa>tc Mayor Title, Annual Action Plan 2022 64 OMB Control No: 2506-0117 (exp. 09/30/2021) Specific CoituuuiLilyDrvriupmBird1f14 kbruntC:cAificaliunm I'hv LnlitJcni nt C;onli-nunih cettitics C.int! (.'Ll ME-31 P31rficipsliOn It is in full r..;wllipIhgmv Lind Io]I owiJ_p LL JtrUJiIrd uiLiLeva PLI.Tk.iputian pllln that SaLislirs Lhe LL plittnrlanLa ol'�: C: FR 4' .105. COM Ilk LO v Dc►v-1LJpiuL;lr.t ]'`iun -- ILs;A1I1 LrlidaLU'. Than And rnL I9irE. TVD:IA Alld 91VCMCF,INVI'r 9lrnII r%rltl ;104 IQLrtg.Ltrill C,41_Llritphilycrve_L+puLL.rll GbjeL:I:Vcs that LhaL haw burn rjr'eL ll:'prd ]:L accordmicc u'1-,Ll Lho primamy Obj CCtj1LT' 0-1hc (A)H'f i prolzranl (i.e„ Oi ti deve1L)pnlerlt Cif ,, it ble tlrf>,13L cQ[urnu kl.ie -1}t- pox-idi ng, ilG+"'ML houNinA and cxpanding annontie oppnrrunitic3, prininfily fLiT Iicrsons of Jow in d ntndom-e irlC4xly O 3.nl re[1 u irrmru1s of 24 C.FR Farts 9 L and 570- YuJIMing a Plan -- ]t ii r011uwing t current cgngnlidat?o plan that hats Lwev approved �y 111D, (19e of F MIS - ]t hv;; conrrlir�d witli [Ile fullo-ing ;.rilrriu: L. h'iaxirTLLI111 i'cttxihlc priisrit%. 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S. Spc3ial AssessistunLs-, IL will nut aWmpI. Lo rccavvi-any wpirnil cTc3t nt IlalrliC. iniprovc:rr.cnt9 AR91F,tC+j tv ith ('DR(t'tlrlds, Jr'.C1url lltg Sr4i iorL 108 lours LrtIMI:I.I.Wd fLL'LLiS- 17.Y aSSC4!.ing ally amount J1I2aill-d p1gCI11C5 ov ned and nccup ied by pa-, ,w� of I,jt; a II d LTl CJ&vM t J:2M.1l'tr. ju-J LJdj rag may foc clwr;_ad or aWSV-;omeut rwvlo ns a condi-ii.m of ohLd-ung acccs4 to :uch ruhsic iinllir,-cmi;i , L IoWercr, if C:I Y V i hLlld9 arc used tO l-My th4 pIOp lli0li of y Liu: ur xsstst ii ruL t:Lal. rulaWN Lu LILe vdvilul iV1,i L, IF public JrrlproveirICILL:- (Mfd LL'd i:l Tmrl Av:di L:IW f i 1:Ilc*) tina,nCcd t'rcgi othcl' 1L:kMLIe SOLINeS, all bktn,irnrnl or uha- l-gn n'.av be madc againrL the pnsperly wi!h :•cslrtict ill roe. plj:),ic inllrfii l,-voincntz nallccd 1w A S4UI�? Caller 11'la[t CDBG funds. In udLiiljLirl, iu Lhc C)M, Of rr TCI'Lics ,,wrn;d and r'coup:cd by rnMcratc-income (nnt low itl,)(n@,t flnliIie,,, 3R Bs,eSSI)ivid ❑r;Awq e. rrmy by uiailu a u_nsL Lbo propDrLy for auhlic im•orovcmcm.; fills -1ced I)r A .gijur" L)tliC.r ll:iln C'DDG lilnd3 if dw iL rixli-Ail?n uci-LiFieti LItLLL it lacl43 i, [Ici fi.inds Lo cot-cr the Ai.4C.95111Cfrr- F.trces9ive Fovoe • It 11L S, Lido pled Lind is r_<'tlrL;i rig: 1. A Poli;.y Lhi Llsr CraLceasitie Ii.IrcL-by 1X&enfiar4L:menLaeencicswithin its •huTi.�dlicdon against any indiVidullly (:IlE9g4i• ill norl-4i0k.JLL tij4'_] riu Ls . lwrLv1Ukni LiorlS: Will tpal isvOfellsmiugapl:IicaAtJ SLULt.. and lt"Ilanesapaisl�rt}h!xi�vLluhxrrilvcnrr:�nccirror u:xit frnm A tavilitk• nr lraatinll whicli i; the rLIL}� w 1 1?I ELI41L III II-t [VILtIL { 14'Jl rI Ili drr114�nStrilLlUllr: within its_j-iri:dic-ion, Annual Action Plan 2022 65 OMB Control No: 2506-0117 (exp. 09/30/2021) Complla.aCe wITh Ami-diaaorimiva tiun lum — I"hr Want %viLl he unndLuuxl and admini#a mr in cnnfnrmil' with -itic VT c)t thi. 4=;vi1 10e1113 ACl 4f 196; (42 U-S-C. 2Q00d) and 'lie Tait 1bouairLgA;A (d2 L.S.C. 3601-3619) and implcmrntinjt rcMulaticuls. Lend-Baaated Faint -- Its activities concerning lead -lased paint will ecmmply with [he egLliremenl3 of 24 CFR Pan 35. 5ubpnrLs A:13, J, K and R. Complia a With 1 x -- It will Comply wRll appll,�le law$, f sp tare,ofA o AM u;al� - LMIL --- title Annual Action Plan 2022 OMB Control No: 2506-0117 (exp. 09/30/2021) Q1Y'I' 1{ l NA I, C:ommuniiy ilevelnrment Slnrk Gront Ce.rfl IIrB dell 94bmir the Coltt)wing vertificali»n valy when me or morn of tho aetividm in he actian plan am desiSmed to moct other wmmun!W dettti npmanr flees in 24 CFK 570.208f v}: 'I'hc grantac hcrchy certifies Girt tlic .Anntial Plan Il_Cludcs una ut• ruu_e spet:ilicrily idrrntilied C DBCi- Mt,i url activities IVILicb are designer bi med other cmm unity *wclrypm.M ncods havi tg partict lar urgency bocatl5e t xistirtg caiydiii��ns pose a serious uad immediatt: threat In the health or we lfaw aftlic unul). mid nh iIinnc•-ia�l _ro-x-nueca Air, nrrimilaobFlezto meet3ach needf. ct[Tieial )atc,t Lim a ill I A•1*'-w Tide Annual Action Plan 2022 RVA OMB Control No: 2506-0117 (exp. 09/30/2021) APPENDIX TO (= F:RIIFICATIONS 1NS'L Rl!C:'1'R )\S ( 0Nr.RRNIN{i [.f1RRYTNr, CRRTIFICA,110-v Lobb3Ing CeRirraliao Thih cettifiralinn iK a material representation of facr upna Whi4h reliam was plawd -hero this IYimusncl:cn was made orewerad intu. Submission of this uwtifioalian is u prcrcgoisitc for roakirg or cnt^ring into this transaction irnlxiscd bs SQUion 1352, title 31, US, Cudu. Any prrbon who fuila Lo file the required c:cltificnlicm shall be s Epct to a civil pcnaltY of nat Icss than $10,1100 and ilor ai= 11m $100,00 for WACIL suG11 fidlura, Annual Action Plan 2022 68 OMB Control No: 2506-0117 (exp. 09/30/2021) City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0644 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 GRIFFIN RESIDUALS, LLC: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE, TO APPROVE A CONTINGENCY AMOUNT OF $81,250.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, drying sludge from a wastewater plant to reduce its weight prior to placing it in a landfill or converting it into fertilizer or other useful product requires highly specialized equipment and processes often protected as trade secrets; and WHEREAS, Utilities staff has investigated numerous industry options and determined that Griffin Residuals' equipment and processes to dry sludge is the best and unique option to best serve the Wastewater plants; and WHEREAS, the City of Fayetteville would like to hire Griffin Residuals, LLC to install, operate and train our staff to operate a Biosolids (sludge) dryer to replace the previous Biosolids dryer that suffered a catastrophic failure on December 13, 2021; and WHEREAS, the machinery owned by Griffin Residuals, LLC will be installed and initially operated and maintained by Griffin Residuals, LLC who will receive a per ton sludge processing rate of $65.00 per ton with an estimated monthly sludge processed amount of 1,250 tons; and WHEREAS, after an initial three-year operation to confirm the quality and ability of Griffin Residual's machinery and operation, the City of Fayetteville will have the option to exercise a Buy -Out of this sludge processing equipment for a set price of One Million Nine Hundred Ninety -Five Thousand Dollars ($1,995,000.00); and WHEREAS, the unique and proprietary equipment and process offered by Griffin Residuals to the City make competitive bidding neither feasible nor practical, so that the City Council should waive the requirements of competitive bidding in this case. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: City of Fayetteville, Arkansas Page 1 Printed on 811012022 File Number: 2022-0644 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves the Drying as a Service Agreement with Griffin Residuals, LLC with a contingency amount of $81,250.00 together with Appendix A, Appendix B and Appendix C and authorizes Mayor Jordan to sign this Agreement. 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 Ordinance. City of Fayetteville, Arkansas Page 2 Printed on 811012022 City of Fayetteville Staff Review Form 2022-0644 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 7/27/2022 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a Drying as a Service Agreement with Griffin Residuals, LLC for the drying of biosolids at the Biosolids Management Site, approval of a contingency in the amount of $87,250.00, and approval of a budget adjustment. Budget Impact: 5400.730.5110-5315.00 Water and Sewer Account Number Fund N/A N/A Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 360,600.00 $ 360,600.00 $ 487,500.00 $ 487,500.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: July 27, 2022 CITY COUNCIL MEMO SUBJECT: Griffin Residuals — Biosolids Drying as a Service Agreement RECOMMENDATION: Staff recommends the approval of a Drying as a Service Agreement with Griffin Residuals, LLC for the drying of biosolids at the Biosolids Management Site at an estimated cost of $406,250.00 for the remainder of 2022, approval of a contingency in the amount of $81,250.00, and approval of a budget adjustment. BACKGROUND: The DaaS Agreement is an agreement between Griffin Residuals and The City of Fayetteville to pursue a business relationship in drying the City's biosolids. Griffin Residuals' will invest the capital equipment and services at the City's Biosolids Management site (BMS) to enable the receiving and drying of the City's biosolids following transport from the Paul R. Noland (East) and West Side (West) wastewater treatment plants. The business relationship is anticipated to include the use of property and/or buildings at the BMS and a fee -per -ton for biosolids dried at the Drying as a Service (DaaS) facility. DISCUSSION: Griffin Residuals, LLC will install, operate, and train city staff to operate a Biosolids dryer to replace the previous biosolids dryer that suffered a catastrophic failure on December 13, 2021. The machinery owned by Griffin Residuals, LLC will be installed and initially operated and fully maintained by Griffin Residuals, LLC, who will also pay for the electricity and natural gas used to operate the dryer. Griffin Residuals will receive a per ton sludge processing rate of $65.00 per ton with an estimated monthly sludge feed amount of 1,250 tons. After an initial three year operation to confirm the quality and ability of the machinery and operation, the City will have the option to exercise a Buy -Out of this sludge processing equipment for a set price of $1,995,000.00. Biosolids drying is a very specialized service. The City's options after the catastrophic failure of the current dryer was to purchase a new dryer, send solids to the landfill indefinitely in a partially dried form, or search for a service to dry solids. The Drying as a Service program that was selected provides the City with the opportunity to temporarily utilize a cutting -edge technology Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 with minimal capital investment. If this drying technology is viable, this agreement allows the City to purchase the dryer that is in place and continue operating with in-house staff. If we decide that this drying technology is not what is best for the City, it will be removed at no additional cost. A bid waiver is requested because in our research this is the only Drying as a Service that best fits the current configuration of our facilities. Drying as a Service is difficult to find. Other drying services are structured toward regional drying operations, which is drying solids from several municipalities together. By drying dedicated solids from Fayetteville, we can continue to market the finished product as fertilizer for sale, offsetting in part the drying operation. This item was presented to the Water & Sewer Committee on July 12, 2022 with a unanimous vote to forward it to the City Council for consideration. Approval of this agreement by the City Council will set into motion the installation of the necessary piping, electrical components, conveyors, and other equipment by the City in preparation for installing the Griffin Residuals dryer. BUDGET/STAFF IMPACT: A budget adjustment is requested to move funds from the Lake Sequoyah Dredging account to the Contract Services account to cover the costs of drying biosolids. The rate of $65.00 will be charged on an estimated 1,250 tons per month. The estimated cost for the remainder of 2022 is $406,250.00. A 20% contingency is also requested. Attachments: Drying as a Service Agreement Budget Adjustment GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS This Griffin Residuals Drying As A Service Agreement ("Agreement") is executed as of the last date set forth on this Agreement's signature page below (the "Execution Date"), by and between Griffin Residuals, LLC, a Kentucky limited liability company (the "Company") with offices located at 5872 Highway 1389, Owensboro, KY 42303, and the City of Fayetteville, AR, a municipal corporation in the State of Arkansas (the "City") with offices located at 113 West Mountain Street, Fayetteville, AR 72701 and 2435 S Industrial Drive, Fayetteville, AR 72701. The Company and the City are each individually a "Party" and collectively are the "Parties". RECITALS WHEREAS, Company, among other things, builds, owns, and operates advanced biosolid facilities; WHEREAS, the City is responsible for providing wastewater treatment and disposal services for the municipality of Fayetteville, AR. As part of its obligations, the City operates two wastewater treatment plants, the Paul R. Roland Wastewater Treatment Facility (the "East Plant") and the West Side Wastewater Treatment Facility (the "West Plant"); WHEREAS, the City transfers dewatered biosolids (the `Biosolids") from the East Plant and the West Plant to the City's Biosolids Management Site located at 16464 East Wyman Road, Fayetteville, AR 72701 (the "BMS", and, with the East Plant and the West Plant, the "City Facilities") for further processing. The BMS utilizes six (6) solar green houses to partially dry the Biosolids prior to further processing; WHEREAS, certain equipment located at the BMS used to dry Biosolids suffered a catastrophic failure on December 13, 2021 and is currently inoperable; WHEREAS, the City and the Company entered into a non -binding letter of intent on or about February 1, 2022, to investigate the possibility of the Company assisting the City in the implementation of Biosolids drying operations at the BMS; WHEREAS, the City and the Company now desire to enter into a binding contract whereby the Company will provide the City with certain services and equipment (collectively, the "Project") to be located in "Solar House F" (as hereinafter defined) of the BMS for use in drying Biosolids in exchange for the City's payment to the Company of certain compensation and other consideration, all as more specifically set forth in this Agreement; NOW THEREFORE, in consideration of the mutual covenants, undertakings, conditions, and consideration set forth below, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: ARTICLE I OVERVIEW OF TRANSACTION 1.1. Contract Documents. This Agreement consists of the terms and conditions set forth in the sections ("Sections") captioned by numbered article designations ("Articles") and the following appendices (each, an "Appendix" and collectively, the "Appendices") which are incorporated and made part this Agreement by this reference and are included in any reference to this Agreement. The Recitals in this Agreement are hereby incorporated into the Agreement, are material terms of this Agreement, and are being relied up by the Parties in executing this Agreement. A. Appendix A — Scope of Work: Appendix A sets forth the scope of the respective work to be respectively performed by the City and Company in furtherance of the Project. B. Appendix B - Compensation: Appendix B sets forth the compensation to be paid to the Company pursuant to this Agreement. C. Appendix C — Buy -Out Agreement: Appendix C sets forth the form of the agreement the Parties will enter if the City exercises its "Buy -Out" rights pursuant to Section 8.7 of this Agreement. D. Appendix D — Company Insurance: Appendix C sets forth the types and amounts of insurance coverage (the "Company Insurance") that the Company shall and will maintain in place during the Term; however, the Parties acknowledge and agree that the Company can change the insurer that provides the Company Insurance so long as any such change does not reduce the amounts of the Company Insurance. E. Appendix E — City Insurance: Appendix E sets forth the types and amounts of insurance coverage (the "City Insurance") that the City shall and will maintain in place during the Term; however, the Parties acknowledge and agree that the City can change the insurer that provides the City Insurance so long as any such change does not reduce the amounts of the City Insurance. 1.2. Hierarchy of Documents. If the terms and conditions of the Articles of this Agreement vary or are inconsistent with any portion of the Appendices, the terms of this Agreement shall control and be given priority. This Agreement contains the entire agreement between the parties and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. Neither party will be bound by or be deemed to have made any representations, warranties, commitments, or other undertakings with respect to the subject matter of this Agreement that are not contained in this Agreement. In this regard, neither Party may rely on any representation, warranty, collateral contract, or other assurance (except those set out in this Agreement and the documents referred to in it) made by or on behalf of the other Party before the Execution Date, and each Party waives all rights and remedies which, but for this Section 1.2, might otherwise be available to it in regard to any such representation, warranty, collateral contract, or other assurance. -2- 1.3. Project Term and Commencement of the Project. The term of this Agreement and the Project shall commence on the Execution Date and shall continue for a term of three (3) years (the "Term") following issuance of the Performance Test Certificate (as defined below) on the Certification Date (as defined in Appendix A) unless terminated earlier by mutual Agreement or in accordance with the express terms of any other provision of this Agreement. The Term shall be automatically extended by: A. Any period of extension granted to the Company pursuant to this Agreement or otherwise by the City; B. Pursuant to Section 6.7 in the event of any Force Majeure Event (as defined in Article VI); C. Any period during which the Company was unable to carry out its obligations due to a default, delay, or interruption by the City or other Competent Authority (including delays in obtaining, issuing, or renewing a Required Consent); or D. As agreed by the Parties in writing. The timelines and deadlines for the performance of the Parties respective duties under this Agreement are more specifically set forth in Appendix A. 1.4. Parties' Relationship. The City has retained the Company as an independent contractor to provide the goods and services necessary to complete the Project pursuant to the terms of this Agreement. The Parties are independent from one another, and nothing in this Agreement creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the Parties. Neither Party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. 1.5. Designated Representatives. The City and the Company shall each designate a representative ("Designated Representative") to act on each Party's respective behalf in overseeing the performance of the Project and this Agreement. The City and the Company each may change their respective Designated Representatives upon written notice to the other Party given as specified in this Agreement. The Parties agree that the Designated Representatives shall be the primary means for communication and all other interactions between the City and the Company that are required or needed under this Agreement. ARTICLE II DEFINITIONS & RULES FOR INTERPRETATION 2.1. Definitions. Terms that are specifically defined elsewhere in this Agreement, including in other Articles or in the Appendices, shall have the meanings given to them in those other portions of this Agreement. The Parties further acknowledge and agree that certain of the defined term set forth in this Section 2.1 may only be included in this Agreement in anticipation that those defined terms may be relevant to future amendments or modifications to this Agreement and, as such, such terms might not be used elsewhere in this Agreement as of the Execution Date. -3- Unless otherwise required by the context in which a defined term appears, the following terms shall have the meanings specified in this Section 2.1: A. "City Consents" means the Required Consents that the City is obligated to provide pursuant to this Agreement; B. "City Representative" means the City's Designated Representative and is Tim Nyander; C. "Company Assets" means all goods, supplies, parts, equipment (inclusive of the TDE), two dried solids stainless steel conveyors, Tooling, and other property that the Company provides to the City in furtherance of the Project. The City acknowledge and agrees that the Company has sole title to the Company Assets and that title to the Company Assets shall remain in the Company unless and until the City properly consummates a "Buy -Out" (as that term is defined in Section 8.7); D. "Company Representative" means the Company's Designated Representative and is Tid Griffin, the Company's CEO; E. "Competent Authority" means the Washington County Circuit Court or Federal District Court of the Western District of Arkansas, or state or federal regulatory agency; F. "Contract Payments" means all amounts payable by the City to the Company in connection with this Agreement, including the compensation set forth in Appendix B; G. "Design Documentation" means the Design Documentation as well as all other drawings, diagrams, details, documents, specifications, samples, models, or information (including calculations, logic or sequence overview diagrams and functional design specifications for computer software) currently existing or hereinafter created related to the Project and all amendments and revisions thereto prepared by the Parties after the Execution Date in connection with the Project; H. "Directive" includes any present or future directive, requirement, instruction, condition of or limitation in any necessary consent, license, authorization, permission, approval, permit, direction, code of practice, or rule of any Competent Authority having the force of law, and includes any modification, extension, or replacement thereof then in force; I. "Fees" means the charges, fees, and rates of payment shown in Appendix B (as amended from time to time in accordance with this Agreement); J. "Insolvency Event" means (i) the making by a Parry of any general assignment for the benefit of creditors; (b) the filing by or against a Party of a petition to have that Parry adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy or insolvency (unless, in the case of a petition filed against a Party, the same is dismissed within sixty (60) days); (c) the appointment of a trustee or me receiver to take possession of substantially all of a Party's assets or of a Party's interest in this Agreement, where possession is not restored to a Party within sixty (60) days; (d) the attachment, execution, or other judicial seizure of substantially all of a Party's assets or of a Party's interest in this Agreement where such seizure is not discharged within sixty (60) days; (e) any change in the incorporation status of the City; or (f) any other events which constitute insolvency events under relevant Legal Requirements. The Parties acknowledge and agree that a Party who has suffered an Insolvency Event has committed a Default (as defined in Article VIII) of this Agreement; K. "Intellectual Property Rights" means all ownership and rights in inventions, drawings, Tooling, patents, copyrights, design rights, trademarks, trade dress, trade names, service marks, trade secrets, know-how, and other intellectual property rights (whether registered or unregistered) and all applications for any of them, anywhere in the world; L. "Land Documents" means the leases, sub -leases, and other agreements validly granting the Company all necessary rights needed to be executed by the Parties in order for the Company to perform the work and provide the services necessary to undertake and perform the Project; M. "Legal Requirements" means all applicable statutory and common laws, ordinances, regulations, and Directives having binding legal effect; N. "Performance Test Certificate" means a certificate issued by the Company certifying that all or a part of the Project has met the Project Specifications; O. "Project Specifications" means the design and construction specification for the Project, including any construction timetables, milestones, work, designs, specifications, construction and/or commissioning plans, other plans, and testing necessary for the completion of the Project in accordance with the provisions of this Agreement, in each case, to the extent expressly agreed and set forth by the Parties in Appendix A; P. "Representatives" collectively means the City Representative and the Company Representative. Q. "Required Consents" means all consents, licenses, authorizations, permissions, approvals, and permits of any Competent Authority which are necessary for the construction or operation of the Project or for the performance of any of the Company's obligations or rights under this Agreement, including the City Consents; R. "Services" means the services, labor, resources, and work that the Company is providing to the City pursuant to this Agreement; S. "Sludge" means a mixture of solids and water produced as a result of the collection or treatment of wastewater; T. "Sludge Delivery Point" means each of the points for the delivery of Sludge into the Project, including those expressly described in the Project Specifications; -5- U. "Solar House F" is physically located within the BMS and is the northern most of the six (6) solar greenhouses located at the BMS and is the same greenhouse sometimes referred to as solar greenhouse F or solar greenhouse #6; V. "Subject Output" means dried Biosolids meeting the Class A requirements as set forth in 40 C.F.R. § 503.32; W. "TDE" means the thermal drying equipment to be supplied by Company pursuant to this Agreement and consists of a Gryphon Model 1050 thermal belt dryer with ancillary equipment, including its electrical control cabinets and cooling tower. Title to the TDE shall at all times remain in the Company unless and until the City purchases the TDE from the Company pursuant to certain "Buy -Out" rights being granted to the City pursuant to Article VIII. X. "Tooling" means, collectively, all tooling, dyes, test and assembly fixtures, gauges, jigs, patterns, casting patterns, cavities, molds, and documentation (including engineering specifications and test reports) used by Company in connection with the Project, together with any accessions, attachments, parts, accessories, substitutions, replacements and appurtenances thereto; and Y. "Wastewater Treatment Plant" or "WWTP" means any works, facility, or plant used for the treatment or disposal of wastewater. 2.2. Rules for Interpretation. In interpreting this Agreement, the following rules shall be applied: A. Where the context requires words importing the singular shall include the plural and vice versa; B. Where the context requires words importing "persons" or "Persons", such terms shall include individuals, firms, corporations, associations, and all other forms of entity or organization, municipalities, utilities, or other legal entities; C. A reference in this Agreement to any Article, Section, Appendix, clause, sub -clause, paragraph, schedule, part, or annex is, except where it is expressly stated to the contrary, a reference to such Article, section, Appendix clause, sub -clause, paragraph, schedule, part, or annex of this Agreement; D. Headings are for convenience of reference only; E. Each reference to this Agreement or to any other document, contract, or agreement shall include a reference to each permitted variation of, or supplement to, this Agreement and such document, contract, or agreement as amended, varied, or supplemented from time to time; F. Each reference to this Agreement refers to this Agreement together with the Appendices; 0I G. References to any Legal Requirements shall include any statute or statutory provision which amends or replaces or has amended or replaced it and shall include any subordinate legislation made under any such Legal Requirements; H. A Person includes its successors and permitted assignees or transferees; and I. The words "include," "includes" and "including" are deemed to be followed by the words "without limitation." The word "or" is not exclusive. ARTICLE III THE COMPANY'S SERVICES AND WARRANTIES 3.1 Scope of Company's Services. The Company shall provide the Services in accordance with the schedules, requirements, and timelines set forth in Appendix A. In this regard, the Company shall have the right and obligation at its cost to install, own, operate, finance, and maintain the TDE and other Company Assets subject to City's performance of its obligations (including making all required Contract Payments) under this Agreement. The Company's ongoing operation and maintenance of the TDE and other Company Assets as specified in Appendix A, in whole or in part, is subject to the City's compliance with the terms of this Agreement. 3.2 Standards for Performance of the Services. The Company represents and warrants that it shall perform the Services required under this Agreement in a professional and good and workmanlike manner and in accordance with the terms of this Agreement, good engineering and operating practices, any applicable Legal Requirements, and any vendor warranties. Further, the Company's employees, subcontractors, or agents assigned to perform any Services under the terms of this Agreement shall have the requisite skills, training, and knowledge reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform the Service in a competent and professional manner. The Company agrees that it is performing Services at the direction of City and will heed the City's instructions regarding the timing, conditions, and scope of such Services provided that those instructions are not in conflict with the terms and provisions of this Agreement or with applicable Legal Requirements. Further, the Company shall not be required to carry out any Services except to the extent the Company has received all required information and cooperation from the City, and the City agrees to promptly provide all requested approvals, information, and authorizations to enable the Company to perform the Services and complete the Project in accordance with this Agreement. 3.3 The Company's Personnel Standards. The Company shall provide as reasonably necessary all labor and professional, supervisory, and managerial personnel as are required to perform the Services. All individuals employed by the Company to perform the Services shall be employees of the Company or of the Company's contractors, and their working hours, rates of compensation and all other matters shall be determined solely by the Company. 3.4 Operating Records and Reports. The Company shall develop and maintain equipment logs, records, and reports that document the performance of the Services, including the installation of the TDE in Solar House F, all in form and substance as may be reasonably required -7- by the City. The Company shall maintain current revisions of drawings, specifications, lists, clarifications, and other materials related to the Services and the installation of the TDE. 3.5 Non -Exclusivity. Nothing in this Agreement shall preclude the Company from engaging in other business similar or identical to the Project with third parties. 3.6 The Company's Additional Representations and Warranties. The Company further represents and warrants to the City that: A. The Company has complied with all Legal Requirements and Required Consents such that the Company has the full right, power, and authority to enter into this Agreement and to perform its obligations under this Agreement; B. The execution of this Agreement by the Company Representative, whose signature is set forth on the signature page of this Agreement, and the delivery of this Agreement by the Company has been duly authorized by all necessary action on the part of the Company; C. The execution, delivery, and performance of this Agreement by the Company will not violate, conflict with, require consent under, or result in any breach or default under any Legal Requirements or Required Consent, with or without notice or lapse of time or both, or the provisions of any contract or agreement with third parties; D. This Agreement constitutes the legal, valid, and binding obligation of the Company and is enforceable against the Company in accordance with its terms; E. Except for Required Consents to be obtained by the City, the Company has obtained all Required Consents required by the Legal Requirements to perform its obligations under this Agreement; F. All information that the Company has provided to the City is true and accurate and fairly represents the facts to which such information relates; and G. The Company Representative has and is deemed to have full power and authority to act on behalf of the Company. Any notice given to the Company Representative or consent given by the Company Representative to the City under this Agreement shall bind the Company (for whom the Company Representative shall be deemed to act as agent) as though it had been given by the Company. The City may rely on the Company Representative as having full authority to act on behalf of the Company, including with regard to any Required Consents, Directives, requests, notices, or agreements given to the City. The Company may remove and replace the Company Representative at any time but shall give the City prior written notice of any such intended removal or replacement and provided always that no such removal or replacement of any Person as the Company Representative shall invalidate or otherwise affect any actions or decisions of such Person in his capacity as the Company Representative prior to such removal or replacement. If the Company notifies the City of the removal of the Company Representative, then, until the Company appoints a replacement, any notification to be made by the City to the Company Representative shall be made to the Company. ARTICLE IV CITY RESPONSIBILITIES, REPRESENTATIONS, AND WARRANTIES 4.1. Information. At the Company's request, the City shall provide the Company with all assistance and information reasonably necessary for the Company to discharge its obligations under this Agreement. The Company shall be entitled to rely upon such information provided by the City in the Company's performance of the Services. 4.2. Reasonable Access. At all times during the Term and following Termination until such time as the City has made the Termination Payment, the Company may enter upon the immediate site of the Project and all related areas, premises, and facilities in the vicinity of the Project or otherwise to the extent they affect the construction, operation, and maintenance of the Project. The City agrees to obtain all Required Consents to ensure the Company's access to the foregoing. 4.3. Testing. The Company shall be entitled to conduct tests and take samples related to the Project, and the City hereby grants the Company access to test results and samples taken by or on behalf of the City related to the Project. 4.4. Alterations to Sewerage Systems. The City shall keep the Company informed of all desired, proposed, or required physical alterations to the City's sewerage systems which may impact the Project in any way, including the volume of Biosolids to be processed through the Project, and the City shall not make any such alterations unless all possible impact to the Project (including, increases in the Fees) have been discussed and any necessary alterations to the Project have been agreed to between the City and the Company. In any event, the Company shall have no less than a reasonable period of time in which to make any alterations to the Project which are required prior to the commencement of any proposed alterations by the City to its sewerage systems. 4.5. Legalquirements and Required Consents. The City shall at its cost carry out its obligations under this Agreement so as to comply at all times with all Legal Requirements and Required Consents (including those introduced after the Execution Date). The City shall be deemed to have satisfied itself as of the Execution Date as to the sufficiency and adequacy of the City Consents for the purpose of the Company discharging its obligations under this Agreement. The Company is not and shall not be liable for any errors or omissions made in obtaining any Required Consents for purposes of this Agreement or for any costs of rectifying any such errors or omissions. The City shall give the Company all reasonable assistance in rectifying any such errors or omissions in the Required Consents. The City shall take full responsibility as if it had applied for and obtained the Required Consents on its own behalf. In this regard: A. The City shall be responsible for obtaining all Required Consents (including the City Consents). The City shall at all times comply with all laws (including Legal Requirements, Required Consents, and Directives) applicable to this Agreement, the City's performance of its obligations under this Agreement, and the City's use or sale of any product or Subject Output relating to the Project. Without limiting the generality of the foregoing, the City shall (i) at its own expense, maintain all Required Consents and (ii) not engage in any activity or transaction involving the Project that violates any law. M B. The City shall notify the Company immediately in the event that any Required Consent is proposed to be amended or replaced by the relevant Competent Authority, or in the event that a new Required Consent is to be issued by a Competent Authority, and shall from time to time, at its own cost, provide to the Company such other information in relation to the progress of such amendment, replacement, or issue as the Company may require, and the City shall copy the Company on all correspondence the City has with such Competent Authority. The City agrees to take account of the Company's comments and input in relation to any matter concerning such amendment, replacement, or issue. C. If, following an amendment or replacement of a Required Consent or the issuance of a new Required Consent, the Company requests that the City appeal a decision of a Competent Authority, the City shall use its best efforts to appeal that decision. D. Without limiting the City's obligations, the Company shall have the right and authorization, but not the obligation, to undertake any process, application, or otherwise to obtain any Required Consent for the Project on behalf of the City and the Project in the event that the City fails to do so. The City shall provide the Company with all information within the City's possession or control reasonably required by the Company in relation to or for the purpose of so obtaining any Required Consent. E. If the City fails to pay any fee or other amount due pursuant to a Legal Requirement or Required Consent when it is due, the Company may (at its sole discretion) pay such fee and the amount so paid shall be immediately due and payable by the City to the Company. F. The City shall comply with any decree, declaration, order, judgement, Directive, stipulation, or requirement given, made, or issued by any Competent Authority against or in relation to the City as a result of a breach by the City of any Legal Requirement or Required Consent. G. The City shall provide the Company with all information reasonably requested by the Company in relation to the Required Consents (including, if so requested, copies of applications and copies of Required Consents) and shall consult with the Company in connection with such matters. H. The City acknowledges and agrees that, if the Required Consents are withheld from the City for any reason whatsoever, the City shall nevertheless remain liable for and pay to the Company the Minimum Fees specified in Appendix B as if the Required Consents had been issued for a period of up to sixty ("60") days. 4.6. Information Regarding _ Construction Work. The City shall promptly provide the Company with all accurate and complete information requested by the Company which is necessary (A) to enable the Company to perform any construction work that the Company is obligated to perform pursuant to this Agreement or (B) for the Company to exercise its rights under this Agreement. The City shall immediately notify the Company in writing of all incidents of whatsoever nature affecting or likely to affect the progress of any construction work. -10- 4.7. Performance Testing. The City agrees to fully cooperate with the Company in any performance tests related to the Project required by the Company, including any set forth in the Project Specifications. The Company shall have the right to cure any issues detected during a performance test, and the City agrees to cooperate in such cure efforts. Upon the Company's determination that the Project has passed all such performance tests, the Company shall issue a Performance Test Certificate. 4.8. Operation and Maintenance. If applicable, the City shall execute and deliver to the Company any required operation and/or maintenance agreements for the Company's operation of the Project. 4.9. City Representations and Warranties. The City represents and warrants to the Company that: A. The City has complied with all Legal Requirements and Required Consents such that the City has the full right, power, and authority to enter into this Agreement and to perform its obligations under this Agreement; B. The execution of this Agreement by the City Representative, whose signature is set forth on the signature page of this Agreement, and the delivery of this Agreement by the City have been duly authorized by all necessary action on the part of the City; C. The execution, delivery, and performance of this Agreement by the City will not violate, conflict with, require consent under, or result in any breach or default under any Legal Requirements of Required Consent, with or without notice or lapse of time or both, of the provisions of any contract with third parties; D. This Agreement constitutes the legal, valid, and binding obligation of the City and is enforceable against the City in accordance with its terms; E. The City has obtained all Required Consents required by the Legal Requirements to perform its obligations under this Agreement; F. All information that the City has provided to the Company is true and accurate and fairly represents the facts to which such information relates; and G. The City Representative shall be the primary point of conduct between the City and the Company. The Company may rely on the representations, directions, and instructions (the "Authorized Directions") issued to it by the City Representative provided that the Authorized Directions do not contradict or conflict with any terms of this Agreement, including the terms of the Appendices. The City may remove and replace the City Representative at any time but shall give the Company prompt written notice of any such removal or replacement and provided that no such removal or replacement of any Person as the City Representative shall invalidate or otherwise affect any prior Authorized Directions given by the City Representative to the Company. If the role of City Representative is vacant, then, until the City appoints a replacement, any notification to be made by the Company to the City Representative shall be made to the City's Mayor. -11- H. The City Mayor has and is deemed to have full power and authority to act on behalf of the City if the Fayetteville City Council (the "Council") has passed a Resolution agreeing to this Agreement. The Council must expressly by resolution agree to any consents or changes to this Agreement with respect to its scope and costs. The Company Representative shall have the power and authority to bind the Company pursuant to this Agreement. 4.10. No Waiver of Sovereign ImmunitX. The City agrees that its statutory sovereign immunity (which is not waived) is primarily applicable to negligence and unintentional torts but is not applicable to breach of contract claims. 4.11. Non -Solicitation of Company Employees. During the Term and for a period of one (1) year following the expiration of the Term or the termination of this Agreement (whichever first occurs), the City will not solicit, hire, or otherwise employ any of the Company's employees. ARTICLE V COMPENSATION, PAYMENT, AND TITLE TO OUTPUT AND ASSETS 5.1. The Fees. As compensation to the Company for performance of the Services and the delivery of the Project, the City shall pay the Company the Fees specified in Appendix B, with such payments being made without retention, set off, withholding, or deductions of any sums due and owing to the Company. 5.2. Billing, Payment, Default, and Termination. Each month, the Company shall issue and deliver to the City a written or electronic invoice itemizing the Services that the Company provided to the City during the prior month. The City shall pay the Company the sums specified in each invoice within thirty (30) days of receipt. 5.3. Title to Subject Output. Title to the Subject Output will remain with the City throughout the Term and thereafter. The City bears all risk and responsibility for disposing the Subject Output and all other products and output generated or processed by the City Facilities, and the Company has no responsibility whatsoever for the Subject Output or any of the other products or output generated or processed by the City Facilities. 5.4. Title to Company Assets. At all times during the Term, all ownership rights and title in and to the Company Assets shall remain exclusively with the Company. The City shall not offer for sale, transfer, assign, pledge, lien, or otherwise encumber the Company Assets absent the Company's prior express written consent. ARTICLE VI FORCE MAJEURE 6.1. As used in this Agreement, the phrase "Force Majeure Event" means any one or more acts, events, or occurrences that are unforeseeable and not caused by the negligence or willful misconduct of the affected Party that are beyond the reasonable control of such Party, including, without limitation: -12- A. an act of war (whether war is declared or not), hostilities, invasion, act of foreign enemies, terrorism, or civil disorder; B. tempest, earthquake, epidemic, pandemic, biological outbreak, viral outbreak, pathogenic outbreak, or any other natural disaster of overwhelming proportions; C. ionizing radiations or contamination by radio -activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, D. unusually severe or inclement weather, severe drought, court or governmental orders or injunctions, inability to obtain permits despite the Party's due diligence, shortage or unavailability of materials or labor, which alone or in combination prevents a Party from complying with its obligations under this Agreement (each an "Event"), unless, in relation to the City: E. the Event was within the control of the City or any other Competent Authority; F. the Event could have been foreseen or avoided by the City or Competent Authority; G. the City or Competent Authority has not used all reasonable efforts at all times to overcome the applicable Event; or H. the Event was caused by any Directive. 6.2. Notice of a Force Majeure Event. If a Force Majeure Event occurs, a Party whose performance under this Agreement may be affected by the Event shall immediately provide written notice of the existence of the Force Majeure Event to the other Party. Within a reasonable time following the date of termination of a Force Majeure Event, the Parry which invoked it shall submit to the other Party reasonable proof of the nature and effect of the Force Majeure Event upon the invoking Party's performance under this Agreement. 6.3. Effect of a Force Majeure Event. Neither Party (the "First Party") shall be in breach of its obligations under this Agreement or liable to the other Parry (the "Second Party") for any losses or damages of any nature whatsoever incurred or suffered by the Second Party if and to the extent that: (A) the First Party is prevented from discharging those obligations as a result of a Force Majeure Event; or (B) such losses or damages are caused by a Force Majeure Event. 6.4. Reasonable Efforts. The Parties shall use all reasonable efforts to prevent and mitigate the effects of any Force Majeure Event, including taking all commercially reasonable steps to overcome or minimize the actual or anticipated delay or impact caused by a Force Majeure Event. -13- 6.5. Delays and Extension of Term. The Term of this Agreement shall be extended at the request of either Party by the amount of time lost because of a Force Majeure Event, provided that, if a single Force Majeure Event continues for a period longer than twelve (12) months, then the Parties shall act in good faith to negotiate any modifications to this Agreement. ARTICLE VII TIME FOR COMPLETION 7.1. Project Schedule. The Project shall be completed within the time and in accordance with the schedules and deadlines set forth in Appendix A. 7.2. Delays. If by reason of - A. Any change to the Project Specification whether by addition, modification, omission, or otherwise made in accordance with this Agreement; B. A change in any Legal Requirements; C. A Force Majeure Event; D. A City Default; E. The discovery of any archaeological find or materially different site conditions from those expected as of the Execution Date; or F. Any other event not caused by the Company; (each of the foregoing being a "Delay Event"), the Company has been delayed in the achievement of any construction timetable, milestone, time of completion, or other Project Specification, the corresponding time for such construction, milestone, completion, or other Project Specification shall be automatically extended accordingly by the length of delay caused by the Delay Event(s). 7.3. Additional Compensation. In addition to all other rights and remedies of the Company, the Company shall be entitled to an equitable adjustment to the Fees if a City Default (whether cured or not) increases the costs incurred by the Company in performing the Services or in furtherance of the Project. ARTICLE VIII TERMINATION AND BUY-OUT RIGHTS 8.1. Definitions Regarding Termination. The following definitions apply to this Agreement: A. "Cure" means the actions taken by or through a Party to resolve, remedy, cure, correct, or otherwise satisfy a Default. B. "Cure Period" means the period within which a Party has to Cure a Default and it commences upon a Party's receipt of a Default Notice from the other Party. The -14- Cure Period shall be thirty (30) days (or such other period of time as may be specified in this Agreement as to the specific circumstances) unless the nature of the Default is such that more than thirty (30) days (or such other period of time as may be specified in this Lease as to the specific circumstances) are reasonably required for its Cure. C. "Default" occurs when a Party materially defaults in performing or is otherwise in material breach of any of the terms of this Agreement. D. "Default Notice" means the written notice sent by a Party who claims that the other Party is in Default and that specifically details the facts and circumstances of the alleged Default. E. "Termination Notice" means the written notice sent by the Parry claiming that the other Party has failed to Cure its Default within the Cure Period. The Termination Notice shall specify the Termination Date and shall be delivered in the manner set forth in Section 15.5. F. "Termination Date" means the date upon which any termination of this Agreement becomes effective. Except as expressly specified in this Agreement as to the specific circumstances providing for different timing (see, e.g., Section 5.2), the Termination Date will be a date no earlier than thirty (30) days following the date of issuance of the Termination Notice. 8.2. Default by the Company. If the Company commits a Default (a "Company Default") and fails to Cure the Company Default within the Cure Period, the City shall have the right to terminate this Agreement by sending its Termination Notice to the Company. The Parties further agree that: A. If the Company Default consists of the Company failing to provide the Services because of a mechanical issue, maintenance issue, performance issue, defect, or other significant problem in or with the Company Assets (collectively, a "Services Breach") with the repair or remedying of the Services Breach being commercially unreasonable, the City's sole remedy for damages shall be the right to withhold and deduct from the Fees (that otherwise would have been due and payable to the Company during the period of time in which the Company Default was in existence (the "Services Default Period") an amount equal to the actual direct damages suffered by the City during that Services Default Period. If the City's actual damages exceed the Fees that otherwise would be owed during the Services Default Period (the "Default Period Fees"), then the City's damages shall be capped at the Default Period Fees, and in no event shall the Company have to pay the City any damages or compensation because of a Services Breach. B. If the Default consists of the Company having abandoned the Project or the Company's willful, wanton, and unjustified refusal to provide the Services, then, the City shall have all remedies allowed by law, including the right to seek direct and consequential damages. -15- Upon termination due a Company Default, the Company shall bear all costs associated with its withdrawal and demobilization for the Project, including the costs of repossessing the Company Assets. 8.3. Default by the City. If the City commits a Default (a "City Default") and fails to Cure the City Default within the Cure Period, the Company shall have the right to terminate this Agreement by sending a Termination Notice to the City. 8.4. Termination for Convenience. At any time and on terms mutually agreed to in writing by the Parties, the Parties may jointly elect by way of a written agreement to terminate this Agreement for their mutual convenience. 8.5. Termination Compensation. Upon termination due to a City Default or due to the expiration of the Term, the City shall pay the Company: A. All sums accrued and owing as of the Termination Date; B. The costs and expenses reasonably incurred by the Company related to its withdrawal and demobilization from the Project, including the costs of repossessing the Company Assets; and C. In the case of a City Default, a capital sum reasonably agreed by the Parties as compensation for the damages suffered by the Company as a result of the termination (collectively, all such sums in this Section 8.5 comprise the "Termination Payment"). Within sixty (60) days of the Termination Date, the Company shall issue an invoice (the "Termination Invoice") for the Termination Payment, and the City shall make the Termination Payment within thirty (30) days of its receipt of the Termination Invoice. 8.6. Consequences of Termination. Upon termination of this Agreement because of a City Default or because of the expiration of the Term: A. The City shall immediately relinquish possession of the Company Assets, and the Company shall have the right to retake possession of all Company Assets, free and clear from all liens, charges, and encumbrance; and B. The City shall provide the Company with copies of all documents, books, and records related to the Project within thirty (30) days of the Termination Date. 8.7. Cit Option to Buy -Out the Company Assets. The City shall have the option to purchase the Company Assets, including the TDE, (the "Buy -Out") at the End of the Term. The City must provide a minimum of ninety (90) days' advance written notice to the Company prior to the end of the Term of the City's intent to exercise its Buy -Out rights. The Buy -Out of the Company Assets shall be completed by way of a separate written agreement between the Parties in the form attached hereto as Appendix C, and the consummation of the Buyout shall act as a termination of this Agreement. A. The price of the Buy -Out is set forth in Appendix B. -16- B. The Company Assets to be included in the Buy -Out are set forth in Appendix A (as may be amended from time to time by the Parties) or as may be otherwise agreed to in writing by the Parties. ARTICLE IX WARRANTY LIMITATIONS AND NON -RELIANCE 9.1. Not a Contract for the Sale of Goods. The Parties acknowledge and agree that this Agreement is in the nature of a contract for the delivery of services, and not a contract for the sale of goods, such that the provisions of Chapters 2 (Sales) and 2A (Leases) of Subtitle 1 (Uniform Commercial Code) of Title 4 of the Arkansas Code of 1987 Annotated are inapplicable to the interpretation or enforcement of this Agreement. 9.2. No Other Warranties. Except as expressly provided in this Agreement, including but not limited to the warranties issued by the Company pursuant to Article III of this Agreement, the Parties acknowledge and agree that the Company has not made and makes no other express or implied representation or warranty whatsoever, either oral or written, including any warranties of merchantability, fitness for a particular purpose, or performance of goods or products to specific standards different from those set forth in this Agreement, whether arising by law, course of dealing, course of performance, usage of trade or otherwise, all of which are expressly disclaimed by the Company. The City acknowledges that it has not relied upon any representation or warranty made by the Company not expressly stated in this Agreement. 9.3. No Consequential Damages. Except as expressly provided for in this Agreement, in no event shall the company or its representatives be liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues, or diminution in value arising out of or relating to any breach of this agreement. ARTICLE X INTELLECTUAL PROPERTY RIGHTS 10.1. Ownership of Intellectual Property Rights. All Intellectual Property Rights relating to the Project, the Services, and/or this Agreement, shall (as between the City and the Company) vest in the Company. The Company hereby grants to the City a limited, non -transferable, revocable, non-exclusive license to use the Intellectual Property Rights only to the extent required in furtherance of the Project and provided that City shall not and shall not permit any other Person to: A. Copy, modify, or create derivative works or improvements on or to the Project or the Intellectual Property Rights; B. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Intellectual Property Rights to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; -17- C. Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Intellectual Property Rights, in whole or in part; D. Bypass or breach any security device or protection used by the Intellectual Property Rights; E. Remove, delete, alter, or obscure any trademarks, specifications, end user license agreements, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Intellectual Property Rights; F. Access or use the Intellectual Property Rights in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other right of the Company or in violation of Legal Requirements; G. Access or use the Intellectual Property Rights for purposes of competitive analysis of the Intellectual Property Rights, the development, provision, or use of a competing services or products, or any other purpose that is to the Company's detriment or commercial disadvantage; H. Access or use the Intellectual Property Rights in, or in association with, the design, construction, maintenance, or operation of any hazardous environments in which the use or failure of the Intellectual Property Rights could lead to personal injury or severe physical or property damage; or I. Otherwise access or use the Intellectual Property Rights beyond the scope of the authorization granted under this Agreement. 10.2. Limitation on Use. Drawings, Tooling, or other information or Intellectual Property Rights supplied by the Company shall not without the Company's consent be used, copied, or communicated to any third party otherwise than as strictly necessary for the purposes of, or otherwise expressly permitted by, this Agreement. 10.3. No Dissemination. All Intellectual Property Rights (inclusive of information supplied by of to the City and the City Representative to or from the Company for the purposes of this Agreement) shall remain the property of the Company. The City shall not, without prior express written consent of the Company, use, copy, or communicate to a third party the Intellectual Property Rights otherwise than as strictly necessary for the purposes of, or otherwise permitted by, this Agreement. 10.4. New Intellectual Property Rights. All Intellectual Property Rights developed by the Parties in furtherance of this Agreement shall be and remain the property of the Company. The City shall execute any and all documents reasonable or necessary in order to evidence the Company's ownership of such new Intellectual Property Rights. If the City performs any of its obligations under this Agreement through vendors or third parties, any Intellectual Property Rights generated in furtherance of the Project shall be and remain the property of the Company. The City agrees that it shall not remove any notices or legends pertaining to protection of the Company's Intellectual Property Rights from materials provided to the City by the Company. M. 10.5. Additional Actions. Each Party agrees to do whatever may be necessary to give effect to or confirm the rights of the Company in and to the Intellectual Property Rights. The Company shall have the sole right to prepare, file, prosecute, and maintain patent, copyright, trademark, trade dress, service mark, or other legal applications or registrations of any nature or kind with respect to the Intellectual Property Rights. All such applications and registrations shall be at Company's sole expense, and the City shall cooperate with the Company at the Company's expense, if Contractor desires, to obtain such legal protections for all or any part of the Intellectual Property Rights. The City shall execute all documents reasonable or necessary for the Company to acquire such legal protections. 10.6. Survival. The provisions and obligations set forth in this Article shall survive the termination of this Agreement and remain in force upon and following the termination of this Agreement. ARTICLE XI CONFIDENTIALITY 11.1. "Confidential Information" means non-public confidential information which would be exempt pursuant to the Freedom of Information Act and which might include Intellectual Property Rights, trade secrets, know-how, research and development, training, software, programs, hardware configuration information, price lists, data, manuals, handbooks, sponsors, investors, business strategies and plans, marketing, sales records, drawings, specifications, designs, materials, parts lists, customer lists, consumer information, suppliers, contract terms, test criteria, vendor lists, financial information, or other information or data relating to the business of the Company, whether or not reduced to writing. However, Confidential Information shall not include: A. Any information which a Party can demonstrate is already generally available and in the public domain otherwise than as a result of a breach of this Article; B. Any disclosure which may reasonably be required for the performance of that Party's obligations under this Agreement; C. Disclosure of information which is required by the Freedom of Information Act or any other Legal Requirement or regulatory authority; D. Disclosure of any information which is already lawfully in the possession of the receiving Parry prior to its disclosure by the disclosing Party; E. The provision of information to owners, creditors, suppliers, or subcontractors of the Company for purposes connected with the Project; F. Provision of information to the Company's lenders or their professional advisers or insurance advisers or, where it is proposed that a person should or may provide funds (whether directly or indirectly and whether by loan, equity participation, or otherwise) to the Company to enable it to carry out its obligations under this Agreement; -19- G. Disclosure of information by the City or the Company to the any Person or body who has statutory responsibilities in relation to the treatment or disposal of Sludge; and H. Registration or recording of the Required Consents and the Land Documents (or any of them) in any public register. 11.2. Commitment. As a condition to entering into the Agreement and furnishing its Confidential Information, the City hereby agrees to refrain from disclosing Confidential Information provided that such Confidential Information is either marked "Confidential". Notwithstanding the foregoing, Confidential Information may be disclosed to: A. Fayetteville's Council Members, directors, officers, employees, agents, advisors, and representatives of such advisors (the persons to whom such disclosure is permissible being collectively called "Permitted Recipients") who need to know such information; B. Third -party contractors providing services relating to this Agreement who have been bound by confidentiality restrictions at least as protective as those in this Article XI; and C. A Competent Authority or others as may be required by Legal Requirements. ARTICLE XII INDEMNITY 12.1. Duty to Indemnify. Neither Party shall have a contractual duty to indemnify the other Party from third -party claims. ARTICLE XIII INSURANCE REQUIREMENTS 13.1. Company Insurance. See the attached Certificate of Liability Insurance contained at Appendix D. ARTICLE XIV DISPUTE RESOLUTION 14.1. Choice of Law. This Agreement shall be governed by and construed under and in accordance with the laws of the State of Arkansas without regard to conflicts of law principles that would require application of any other law. 14.2. Good Faith Negotiation. In the event of any dispute, claim, question, or disagreement (any of which is a "Dispute") arising from or relating to the Project, the Services, this Agreement, or an alleged Default, the Parties shall use their best good faith efforts to settle the dispute by normal business discussions between the Representatives and/or their respective -20- superiors having authority to resolve the Dispute or through mediation between the Parties conducted by a mutually agreeable third -party neutral. 14.3. Equitable Relief. Each Party acknowledges and agrees that: i. A Default or expressly threatened Default by it of this Agreement would give rise to irreparable harm to the other Party for which monetary damages would not be an adequate remedy; and ii. In the event of a Default or threatened Default, the other Parry shall, in addition to any and all other rights and remedies that may be available to it under the Legal Requirements or otherwise, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a Competent Authority, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. 14.4. Continued Performance. During the pendency of any litigation, the City and the Company shall continue to perform their obligations under this Agreement unless to do so would be commercially unreasonable in light of the circumstances. ARTICLE XV MISCELLANEOUS PROVISIONS 15.1. Assignment. Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Parry; however, the Company may assign this Agreement or an interest in this Agreement in connection with the sale or reorganization of its business and additionally may grant a security interest in this Agreement and in the Company Assets in connection with any Company financing arrangements relating to or in furtherance of the Project. 15.2. Amendments and Changes. No amendments or modifications of this Agreement, including, but not limited to, changes to the Project Specifications and changes to the Services, shall be valid unless evidenced in a writing that is signed by the Representatives. The Fayetteville City Council must approve any amendment to this contact that would affect its scope or price beyond any contingent amount previously approved by the City Council. 15.3. Survival. Notwithstanding any provisions in this Agreement to the contrary, the obligations set forth in this Agreement shall survive in full force and remain in effect for a period of two years after the expiration or termination of this Agreement. 15.4. No Waiver. The Parties acknowledge and agree that any delay, waiver, or omission by a Party with respect to the enforcement of any right under this Agreement shall not be construed to be a waiver by such Party of any subsequent breach or Default of the same or other required right under this Agreement. 15.5. Notices. All notices and other communications (collectively "Notices") required or permitted under this Agreement shall be in writing and shall be given to each party at its address -21- and email address set forth in this Section 15.5 or at such other address and email as the Parties may in the future specify in writing. A. All Notices shall be sent both: (i) via electronic mail and (ii) either via (a) first class mail, (b) registered or certified mail (return receipt requested and postage prepaid), or (c) by a nationally recognized overnight courier service. B. Notices shall be deemed to be given and received on the date that the Party who is giving the Notice transmits the electronic mail specified in Section 15.5.A.(i) provided that said Party also sends the Notice via the methods set forth in Section 15.5.A.(ii) on the same date that the electronic mail is sent. C. Notices shall be sent to the following addresses: To the Company Tid Griffin tid& griffinresiduals. com Griffin Residuals, LLC 5872 Highway 1389 Owensboro, KY 42303 With a copy to: William C, Buhay wbuhay(a),wwhg com Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC 3344 Peachtree Road NE Suite 2400 Atlanta, GA 30326 To the City: Fayetteville Mayor City Hall, Mayor's suite 113 West Mountain Street Fayetteville, AR 72701 mayorkfayetteville-ar. gov and Utilities Director (Tim Nyander) City of Fayetteville, AR 2435 S Industrial Drive Fayetteville, AR 72701 tn. ander&fayetteville-ar.gov 15.6. Counterparts. The Parties may execute this Agreement in counterparts, which shall, in the aggregate, when signed by both Parties constitute one instrument. Thereafter, each counterpart shall be deemed an original instrument as against any Party who has signed it. The parties acknowledge and agree that execution of this Agreement may be evidenced by facsimile, electronic, or digital transmission. -22- 15.7. Partial Invalidity. If any term, provision, covenant, or condition of this Agreement is held by a Competent Authority to be invalid, void, or unenforceable, the rest of this Agreement shall remain in full force and effect and in no way be affected, impaired or invalidated. 15.8_ Vendor's / Subcontractor's Warranties. For the City's benefit, the Company shall transfer and assign any warranties it obtains from third parties relating to the Services, the Company Assets, or the Project to the City, including any warranties against defects in materials and workmanship to the extent such warranties are reasonably obtainable, and,. to the extent of any such warranties actually obtained, the City agrees to first pursue relief from such vendor. The Company itself shall .not be liable for any such warranties_ Upon the City's request, the Company agrees to assist the City in the enforcement of any such warranties. Each such warranty shall be enforceable by the Company for the Company's benefit or assignable by the Company to the City without any further action or consent by or on the part of any third party. Unless otherwise requested, the Company shall administer such warranties and immediately notify the City of any defects discovered or suspected that may be covered by such warranties_ 15.9. Mutual Cooperation. Each Party agrees, upon the reasonable request of the other Party, to execute any documents and take any further steps as may be reasonably necessary in order to implement and give full effect to this Agreement. 15.10. Costs and Expenses. Each Party shall bear its own costs and expenses (including attorney's fees and expenses) in connection with the preparation, negotiation, and completion of this Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly authorized officers as of the date set forth in the preamble to this Agreement. For the City By: Name: Lioneld Jordan Title: Mayor, City of Fayetteville Date: For toe Company By: Name: �n i fi Title: 0 Date: 7. 1/ Ih0') I— -23- APPENDIX A SCOPE OF WORK PURSUANT TO THE GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT BETWEEN GRIFFIN RESIDUALS, LLC AND THE CITY OF FAYETTEVILLE, ARKANSAS The following terms and conditions set forth the scope of work of the Parties and the Project Specifications for the performance of the Project. Project Construction. A. Acknowledgment of Receipt of Project Specifications. The City acknowledges, affirms, and agrees that Company has provided to City and City agrees to the contents of the Project Specifications existing as of the Execution Date, including the Design Documentation (and all other details of design or engineering standards to be employed by the Company) and all drawings of the general arrangement and details of the Project. A request by the City for a change to the Project Specifications or the Services shall not and does not relieve or excuse the City from discharging all of its obligations under this Agreement. The City acknowledges and understands that the Company may condition any changes to the Product Specifications or Services on the payment of additional Fees by the City to the Company. B. Coordination of Engineering Plans. As soon as practicable following the Execution Date, the Parties shall work together and coordinate in good faith to develop all additional Design Documentation including the additional engineering plans and drawings (the "Facility Plans") necessary for the delivery and installation of the Company Assets and the implementation of the Project. C. Mobilization, Installation, and Training. City Utilities. The City shall bear and be solely responsible for the design, installation, and proper supply of all utilities and utility lines (the "City Utilities"), including natural gas, potable water, effluent wash water, sewer connections, electricity, and compressed air to service the Company Assets. The City shall provide City Utilities pursuant to the Design Documentation and Facility Plans. 2. Delivery of the Company Assets. The Company shall deliver the Company Assets, inclusive of the TDE, to the City at Solar House F upon the Company's receipt from the City of all of the following: a) The Design Documentation, including the Facility Plans, as well as all other existing building design and engineering/planning for the installation of the Company Assets in Solar Green House F, including detailed and accurate information identifying and denoting: i) The electrical connections for all current and future uses of the TDE; ii) Condensate drainage and return to the City's Facilities; iii) Wash water drainage and return to the City's Facilities; and iv) The availability of and specifications for the delivery of fresh water and natural gas to service the Project; b) The granting by the City to the Company of reasonable access to the City's Facilities for the Company's inspections, assessments, and preparatory work; c) Validly executed State of Arkansas, Division of Environmental Quality (AR-DEQ), Office of Water Quality (OWQ) permits or statements of "no objection to use of existing permits" under permits AR0020010, AFIN 72- 00781 and AR0050288, AFIN 72-01033 for the installation and operation of the Company Assets; d) All other Required Consents; e) A fully executed copy of this Agreement and all other documents or instruments reasonably requested by the Company that are required to be validly executed and delivered by City; f) Validly executed financing agreements (if any); and g) Certified copies of the insurance policies that the City is required to have in place under this Agreement. 3. Installation of the Company Assets. Upon notice from the City that Solar House F is ready for the installation of the Company Assets and agreement between the Parties as to the Facility Plans, the Company shall install the Company Assets in Solar House F pursuant to the Facility Plans. a) Electrical Connections. Following the City's installation of the City's Utilities, the Company shall perform the final electrical terminations to the TDE's controls/electrical cabinet and junction boxes. i) Company Supplied Conveyors. As part of the Company Assets, the Company shall supply at Solar House F one (1) dried solids conveyor (the "Company Conveyor"), consisting of a side discharge conveyor located at the end of the TDE. b) City Supplied Convey. The City shall provide and install an inclined conveyor adjacent to the Company Conveyor. The City, with coordination and input from the Company, shall design and install all conveyance equipment to and from the TDE (the "City Conveyors"). Appendix A Page - 2 i) The City Conveyors will be electronically connected to and controlled by the TDE's controls cabinet. ii) The City Conveyors shall have electric motors and controls and shall have low voltage control cabling run and connected to the TDE's controls cabinet. iii) If the Parties mutually agree in a writing executed by the Representatives, the City may continue operation of the City - supplied hopper (the "Hopper") and conveyance equipment with hydraulic motors. In that event, the Company's PLC control of the hydraulic motors shall be approved and coordinated between the Parties. iv) The City shall be solely responsible for the operation, maintenance, and repair of the Hopper and the elevated conveyor. 4. Responsibilities During Mobilization and Installation. The Parties have agreed to mobilize and install (collectively, the "Commissioning") the Project in accordance with the provisions of this Appendix A. a) For purposes of clarity, during the Commissioning, the City shall: i) Operate and maintain all of the City Facilities in accordance with the standards, practices, methods, and procedures conforming to the Legal Requirements and with that degree of skill, diligence, prudence, and foresight which would reasonably be expected from a utility (whether public or private) in the same type of industry; and ii) Ensure that all City employees, contractors, or other persons act in accordance with any training provided by or otherwise directed by the Company. b) The City shall provide the Company with all required assistance to enable the Company to commission the Project in accordance with this Appendix A. c) The Company may retain or set off amounts due to it from the City against amounts due (if any) by the Company to the City under this Agreement. 5. Certification Date, Operational Support, and Training. Following the completion of the installation of the Company Assets (the "Certification Date"), the Company shall issue the Performance Test Certificate certifying that the Company Assets, inclusive of the TDE, have been properly installed and are functioning as intended. Further, the Company shall provide operational support and classroom training to the City and its employees for a three (3) week period (the "Training Period") following the Certification Date. During the Training Period, the Company shall be responsible for the operation of the Company Appendix A Page - 3 Assets. Upon the conclusion of the Training Period, the City shall assume the operation of the Company Assets; however, the Company shall have full access to the Company Assets at all times during the Term, including for the purpose of making any adjustments for the efficient operation of the Company Assets. D. Construction Timetable. The following is the Parties' projected "Construction Timetable" as of the Execution Date (which both Parties acknowledge and agree is subject to change): 1. The Company shall deliver the TDE within thirty (30) days of the Execution Date or such other time as the Parties agree is commercially reasonable. The Company will require ten (10) business days to set and install the TDE. The Parties shall coordinate in good faith the final determination of the specific dates for the shipment, delivery, and offloading of the TDE. 2. The City shall have forty-five (45) days or such other time as the Parties agree is commercially reasonable following delivery of the TDE to complete the utility connections and building modifications to Solar House F (the "City's Construction Work"). 3. Following the City's written notice to the Company that that the City has properly completed the structural and other modifications to Solar House F, the Company shall deliver the Company Conveyor to Solar House F for the City's installation and complete field assembly of the TDE and the City's Utilities (collectively, the "City's Assembly"). 4. Following the City's Assembly, the Company shall perform the final electrical connections to the TDE's control cabinet and junction boxes. For purposes of clarity, Table 1 to this Appendix A sets forth the Parties' respective responsibility for the supply and installation of the utilities serving the Project. 5. The start-up of the operations of the TDE and the training of the City's staff by the Company shall begin within seventy-five (75) days of the initial delivery of the TDE, unless an alternate schedule is agreed to in writing by the Parties. 6. As of the Execution Date, and based on the Parties' belief that they will need thirty (30) days following the Execution Date to complete their planning for and coordination of the construction work, but subject to supply chain issues and the delivery of materials and services by third parties, the schedule for the construction work is tentatively as follows: a) On a date to be mutually agreed to by the Parties: The Company shall begin the delivery of the TDE to the BMS; b) Approximately two (2) weeks after the Company's delivery of the TDE: The completion of the Company's placement and installation of the TDE; Appendix A Page - 4 c) Approximately six and one-half (6'/2) weeks after the completion of the Company's placement and installation of the TDE: The completion of the City's Construction Work; d) Approximately four (4) weeks after the completion of the City's Construction Work: The Company's delivery of the Company Conveyor and the City's completion of the City's Assembly; and e) December 31, 2022: The target date by which the Parties intend to have met the Certification Date. f) Approximately three (3) weeks following the Certification Date: The City shall assume the day-to-day responsibility of operating the Company Assets. The Parties acknowledge and agree that meeting the scheduled dates set forth in this Construction Timetable is contingent upon both Parties' proper and timely compliance with and discharge of their respective obligations under this Agreement, including the obligations set forth in this Appendix A, as well as the delivery of materials and services from third parties. The Parties each agree to use commercially reasonable efforts to meet the targeted timeframes set forth above. Each Party agrees to give the other prompt written notice if the notifying Party determines in its reasonable opinion that any delays are expected. In that event, the Parties shall cooperate in good faith to amend or revise the Construction Timetable to account for such delay. This is a schedule not a binding obligation but rather is a good faith estimate of the tasks to be completed by the Parties to meet the Certification Date on or before December 31, 2022, and the Parties shall cooperate in good faith to meet that goal. 2. Project Operation A. City's 's Responsibility for the Management and Delivery of Wastewater and Sludge. Delivery of Wastewater to the Project. The City shall receive, treat, and dispose of all wastewater discharged into and from the Project, including receiving, treating, and disposing of all wastewater discharged into and from the Project, and shall treat and dispose of it in accordance with all Legal Requirements and in a manner which will mitigate, so far as reasonably practicable, the extent to which any pollutant or contaminant prevents the treatment or disposal of wastewater in the Project. 2. Sludge Standards. The City shall ensure, on a continuing basis throughout the Term, that the composition and intake by the City of all Sludge to be treated and disposed of by the Company in accordance with this Agreement is at all times, including at the Sludge Delivery Point, compliant with all Legal Requirements, industry standards, and the Company's specifications. The City shall maintain records of compliance with each of the foregoing and shall make such records available for the Company's review and inspection upon reasonable notice given by the Company to the City. Appendix A Page - 5 3. Connections. The City shall promptly upon request by Company: a) make or permit the Company to make connections to or disconnections from (free of expense to the Company in each case) any part of the Project with any drain or any public or private sewer; and b) take, treat, and dispose of wastewater and condensate discharged from the Project. B. Input Weighing and Calculation of TDE Volumes. The weight of the input into the TDE will be calculated with a belt scale located at the furthermost point of the conveyor system before the elevated conveyor, which point shall be the "Sludge Delivery Point", located in Solar Green House E located in the City Facilities. The belt scale will provide an accurate measure of the wet tons of biosolids feeding the TDE. The scale will allow precise measurement of product of different percent solids without the burden of complicated and inaccurate calculations based on sampling and assumptions. C. Volume Limits and Standards. The City acknowledges, understands, and agrees that: a) the Project will process not less than Fourteen Thousand (14,000) wet tons of Sludge annually (the "Sludge Supply"), subject to adjustment by Company; b) it will, on a weekly basis, shall calculate the volumes processed during the preceding week by the Project and report those volumes in writing to the Company; c) The minimum amount invoiced by the Company each month will be computed based on the Project having processed at least One Thousand (1,000) wet tons during the preceding month; d) If the daily influent to the Project exceeds Fifty -Five (55) wet tons of Sludge, the TDE's production limits may be exceeded and the Subject Output may exit the TDE at less than Class A standards. D. Class A Requirements. The following requirements must be met for the Subject Output to meet Class A pathogen alternatives: Either: a) The density of fecal coliform in the Biosolids must be less than 1,000 most probable numbers per gram total solids (dry -weight basis); or b) The density of Salmonella sp. Bacteria in the Biosolids must be less than 3 MPN per 4 grams of total solids (dry weight basis). Either of these requirements must be met at one of the following times: Appendix A Page - 6 c) When the Biosolids are used or disposed; d) When the Biosolids are prepared for sale or give-away in a bag or other container for land application; or e) When the Biosolids or derived materials are prepared to meet the requirements for exceptional quality ("EQ") Biosolids. EQ standards are subject to the Biosolids quality received at the dryer, and meeting Class A standards with the dryer does not guaranty that EQ standards will be met. Pathogen reduction must take place before or at the same time as vector attraction reduction, except when the pH adjustment, percent solids vector attraction, injection, or incorporation options are met. Biosolids are dried by direct or indirect contact with hot gases to reduce the moisture content of the biosolids to 10 percent or lower. Either the temperature of the Biosolids particles exceed 80 degrees C or the wet bulb temperature of the gas in contact with the Biosolids as the Biosolids leave the TDE exceeds 80 degrees C. E. The City's Obligations Regarding Discharge Consents. The City shall ensure that all influent levels are maintained to not exceed the standards set forth in the Project Specifications, including the specifications contained in the Sludge Content Specification Sheet set forth below: Sludge Content Specification Sheet Item parameter Unit Min. I Max. No. 1 Dry solids cake * % -Feed 18 45 2 Volatile Solids % -DS 40 80 3 j Ash content % -DS 0 50 4 Total fiber content (sum of medium and % -DS N/A N/A coarse articles 5 Coarse fibers (>1.2mm) % -DS N/A N/A 6 Medium sized fibers (0.3 — 1.2mm) % -DS N/A N/A 7 pH — of sludge prior to dewatering PH 5 8 8 Oil & Grease - Hexane Extractable mg/kg-DS 0 1100 Material 9 Chloride — total (liquid and solid phase of mg/kg-DS 0 1000 dewatered cake 10Idewatered Fluoride — total (liquid and solid phase of mg/kg-DS 0 100 cake Appendix A Page - 7 11 Sulphur - total (liquid and solid phase of mg/kg-DS 0 5000 dewatered cake 12 BTX (benzene, toluene and xylene) mg/kg-DS 0 50 13 PCB's — total mg/kg-DS 0 0.5 14 Total Petroleum Hydrocarbons mg/kg-DS 0 500 15 1 Sludge cake temperature Deg. F 30 125 16 1 Dry Sludge Ignition Point Deg. F 300 N/A Legend: • Unit Description mg/kg -DS Milligrams of Parameter Substance per kilogram of Dried Solids. o % -DS Percentage of Parameter Substance per unit quantity of Dried solids. o % -ash Percentage of Parameter Substance per unit quantity ash content. • Under no circumstances shall waste containing petroleum products or related chemicals be treated. • Septic wastes streams, Fats/Oils/Greases (Oils & Greases — HEM) that have not been subjected to thorough digestion may result in the client exceeding the limits of the above sludge specifications chart. • All sewage sludge foreign substances (such as stones, pieces of wood or metal etc.) must not be processed in the supplied dryer. 2. To the extent any discharges from industry are licensed by the jurisdiction in which the City is located, any new license or consent granted to any industry discharge shall not materially impact the Project. The Company shall have no obligation, duty, or liability to the extent that any quantities of influent exceed those specified in the Project Specification such that they negatively impact the Project or the Company's performance under this Agreement, and the Company shall have no obligation to treat any such quantities. 3. Prior to issuing or granting consent to any third party thereby allowing that third parry to make any discharges (whether from industry or otherwise) ("Discharge Consent"), the City shall provide written notice to the Company containing all relevant information regarding the proposed Discharge Consent, including: a) The extent to which such Discharge Consent will impact any portion of the Project; b) The quantity, quality, location, and other characteristics of the proposed discharge; and Appendix A Page - 8 c) The identity of the discharger. Further, the City shall give the Company a reasonable opportunity to comment on the effects that the proposed discharge may have on the ability of the Company to meet its obligations under this Agreement and any additional compensation required by Company as a result of the proposed Discharge Consent. 4. The City shall assume and bear all obligation, liability, and responsibility for the costs, delays, and other impacts of any Discharge Consent, including the levels of concentration of any contaminants or pollutants or otherwise, to be permitted under any such Discharge Consent as if the City itself was operating the Project as a sewerage authority. In determining the date on which the new discharge will commence, the City shall provide the Company a reasonable period of time in which to make any alterations (if any are agreed to by Company in writing) to the Project which are required to accommodate the new discharge. 5. Among all other information as may be requested by the Company, the City shall provide the Company with extracts of the Discharge Consents issued or entered into showing details of the quantity, quality, location, and other characteristics of the discharge permitted and the identity of the discharger. 6. The City shall take all reasonable steps to monitor the Discharge Consents in order to ensure full compliance by the applicable discharger with the Discharge Consents and Legal Requirement so as to prevent the receipt at the Project of any contaminants or pollutants. 7. The City shall bear and pay to Company all costs, expenses, and compensation incurred by the Company with respect to any Discharge Consent including: a) Variations that need to be made at the Project to accommodate the new or increased discharge; b) Required adjustments or variations to the time or times at which any changes must be made, having regard to the used/unused capacity of the Project, and likely future changes in flows and loads arising; c) Any amendments or changes to the provisions of this Agreement that are necessary to enable the Company to perform its obligations under this Agreement in light of the new or increased discharge; and d) The estimated increase or reduction in the annual operating costs for each year remaining in the Term due to, and the estimated capital cost of, any variations caused by the Discharge Consent. For the avoidance of doubt, the Company is and shall not be responsible for any additional costs, changes, or delays caused by any Discharge Consent. Appendix A Page - 9 F. The Company's Obligations for Operation of the Project. Sludge Drying. Subject to City's performance of obligations (including timely and properly making the Contract Payment) under this Agreement and subject to the volume limits set out in the Project Specifications, the Company shall receive and dry all Sludge delivered from the City Facilities by the City -supplied conveyance equipment to the Hopper located in Solar House F. a) The Company shall receive, dry, and return to the City dried solids and condensate of the commensurate amounts of sludge delivered by or on behalf of the City at the Sludge Delivery Point. b) If the City exceeds the volume limits set forth in this Agreement or receives off -spec Biosolids at the Sludge Delivery Point, the Company shall receive from the City increased Fees. c) The City may from time to time submit to the Company proposed amendments to the Project Specification relating to the treatment and disposal of sludge, provided no such proposed amendment shall take effect except as approved in a writing mutually executed by the Representatives. d) For the avoidance of doubt, the Company shall have no obligation to take and treat sludge delivered by any third parry at the Sludge Delivery Point, except as agreed to in a writing executed by the Company Representative. e) The Company shall provide the Company Assets necessary for the Company to discharge its obligations under this Agreement. 2. UtilityOperating Costs. The Company shall be responsible for the costs of any natural gas and electricity supplied to the Company Assets and associated with the drying of the sludge delivered by or on behalf of the City to the Company at the Sludge Delivery Point; provided, however, the cost of natural gas shall include the charges billed to the City by the City's natural gas provider, including the Primary Gas Charge (Cost of Gas Rider), Secondary Gas Charge (Cost of Gas Unscheduled), Act 310 Surcharge, Energy Efficiency Charge and County and State Taxes. The Parties agree that the cost of natural gas charged to the Company by the City or its natural gas provider shall not exceed $10.00 per dekatherm and that the cost of electrical power charged to the Company by the City or its electricity provider shall not exceed $73.50 per megawatt (or $0.7353/kWh), unless the Company agrees in writing with the City to pay higher charges. G. Maintenance of the Company Assets. During the Term, the Parties shall have the following maintenance obligations: The City's Maintenance Obligations. _ For the avoidance of doubt, the City shall have the sole obligation to maintain in good working order all the City Facilities outside and apart from the Company Assets. Appendix A Page - 10 a) With regard to the Company Assets, following the Training Period, the City shall be responsible for the providing routine maintenance needed for the Company Assets. Further, if the Company Assets need advanced maintenance, the City, when requested by the Company, shall assist the Company with conducting that maintenance. b) The City shall be liable to the Company for the reasonable cost of repairing any damage to the Company Assets caused the City's abuse, misuse, negligence, or failure to perform require routine maintenance. This right and remedy shall be in addition to any and all other rights or remedies of the Company. 2. The Company's Maintenance Obligations. _ Prior to the expiration of the Training Period, the Company shall be solely responsible for the maintenance of the Company Assets. Following the Training Period, the Company shall be responsible for any advanced maintenance or replacement parts needed for the Company Assets. Table 1 to Appendix A is on the Following Pages Appendix A Page - 11 TABLE I TO APPENDIX A 1. SITE UTILITIES 1.1 HOOK-UP RESPONSIBILITIES UTILITY AMPS/VOLUME IN ATTACHMENTS VOLTAGE OR PRESSURE CONNECTION FED FROM FED TO HOOK-UP RESPONSIBLE POWER TO COMPANY CABINET 3-PHASE TO COMPANY VFD CABINET 600A 480V CONDUIT The City MCC GE VFD CAB The City LOW VOLTAGE (120 VOLT) 20A 120V CONDUIT The City MCC GE PLC CAB The City NATURAL GAS SUPPLY PIPING TO The City VALVE AT BURNER BURNER (15% RESERVE AT MAX. BLOWER SPEC.) 7.5 MM/BTU 5-7 PSI 2" FNPT Supply Line Burner The City BURNER POWER 20A 120V CONDUIT The City MCC Burner Cabinet The City BURNER AIR INLET 1440 cfm Ambient Room Air Burner None EXHAUST GAS PIPING TO SCRUBBER SYSTEM EXHAUST 1440 cfm 5-1 psi 6" 150# FLANGE Blower Exhaust Scrubber The City COOLING TOWER COOLING TOWER MAKEUP WATER 12 gpm (max) 40psi Minimum 2" FNPT The City DOMESTIC Supply Cooling Tower The City COOLING TOWER OVERFLOW AND DRAIN INTERMITTENT 2" FNPT Cooling Tower sewer or drain The City COOLING TOWER PUMP - SUCTION 1200 GPM 100 Ft H2O Max 6" 150LB FLANGE U19 U15 The City COOLING TOWER PUMP - PRESSURE 1200 GPM 100 Ft H2O Max 5" 150LB FLANGE U14 U16 The City CONDENSER - COLD WATER IN 1200 GPM 100 Ft H2O Max 6" 150LB FLANGE U15 U17 The City CONDENSER - HOT WATER OUT 1200 GPM 100 Ft H2O Max 6" 150LB FLANGE U16 U18 The City COOLING TOWER - HOT WATER IN 1200 GPM 100 Ft H2O Max 8" 150LB FLANGE U17 U19 The City COOLING TOWER - COLD WATER OUT 1200 GPM 100 Ft H2O Max 8" 150LB FLANGE U18 U14 The City COOLING TOWER HEAT TRACE 480V/20Amp 480V/20 amp AWG 12 The City panel JBOX 6 The City NETWORK CONNECTION NETWORK CONNECTION TO CONTROL CABINET Cat 6 2 cables 2 cables PLANT Router Company PLC CAB The City Table 1 to Appendix A Page - 1 COMPRESSED AIR DELIVERED SYSTEM COMPRESSED AIR Non -Flowing 100 PSI 1/2" FNPT Air Compressor Dryer Lid Lift The Company SYSTEM COMPRESSED AIR (removed item) Dried Solids Conveyor 3 - Gate removed item SEWER LINE CONDENSATE REMOVED 4600 Gal/Day Intermittent 1-1/2" FNPT Condenser Pump sewer or drain The Company BELT/CHAMBER WASH 90 gpm 3" FNPT Griffin - Wash Drain sewer or drain The Company WATER SUPPLY CHAMBER & BELT WASH SOLENOID STAND 90 gpm 40psi Minimum 7 3" 1501b FLANGE W3 - Supply Line Solenoid Stand The City CONTROL CONDUIT CONDUIT CONDUIT CABLING REQUIREMENTS MATERIAL FED FROM FED TO RESPONSIBLE PARTY CONTROLS CONDUIT #8 1.25" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 8 The Company CONTROLS CONDUIT #9 1.25" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 9 The Company CONTROLS CONDUIT #7 1" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 7 The Company CONTROLS CONDUIT #6 1" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 6 The Company CONTROLS CONDUIT #11 3/4" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 11 The Company CONTROLS CONDUIT #10 3/4" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 10 The Company Table 1 to Appendix A Page - 2 FOR CONSIDERATION To Dryer PLC or The City Hopper Control Conveyance Cabinet Feed Conveyor Control DSC 1 Control DSC 2 Control DSC 3 Control 1.2 MOTORS PROVIDED BY COMPANY Wiring & Quantity Of COMPONENT VOLTAGE HIP FED FROM FED TO Conduit Motors RESPONSIBLE 1 480 300 CONTROL CAB MOTOR The Company M01 - PROCESS BLOWER 1 480 30 CONTROL CAB MOTOR The Company M02 - COMBUSTION BLOWER 1 480 2 CONTROL CAB MOTOR The Company M03 - SIFTER BRUSH 1 480 1 CONTROL CAB MOTOR The Company M04 - LEVELING AUGER/BRUSH 1 480 3 CONTROL CAB MOTOR The Company M05 - SYSTEM BELT DRIVE 1 480 3 CONTROL CAB MOTOR The Company M06 - EXIT CONVEYANCE 01 1 480 2 CONTROL CAB MOTOR The Company M07 - LID LIFT 01 1 480 2 CONTROL CAB MOTOR The Company M08 - LID LIFT 02 1 480 40 CONTROL CAB MOTOR The City M09 -COOLING TOWER PUMP 01 Table 1 to Appendix A Page - 3 M10 - COOLING TOWER FAN 1 480 15 CONTROL CAB MOTOR The City M11 - CONDENSATE PUMP 1 480 1 CONTROL CAB MOTOR The Company M12 - CHAMBER RINSE PUMP 1 480 10 CONTROL CAB MOTOR The Company M13 -BELT WASH PUMP 1 480 10 CONTROL CAB MOTOR The Company 1.3 CONVEYANCE MOTORS AND LINES COMPONENT Quantity Of Motors VOLTAGE HP FED FROM FED TO Pipe / Wiring & Conduit RESPONSIBLE POWER and HYDRAULICS M14 - HOPPER FEED Inclined Conveyor 1 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City M15 - HOPPER LEVELING PADDLE 1 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City M16 - HOPPER LEVELING PADDLE 2 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City M17 - HOPPER DISCHARGE SCREW 1 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City M18 - HOPPER DISCHARGE SCREW 2 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City M19 - DRYER FEED Inclined Conveyor 2 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City M20 - Dried Solids Screw 1 (DSC 1) 1 480 TBD CONTROL CAB MOTOR The Company M21 - INCLINED EXIT Screw (DSC 2) 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City M22 - Dried Solids Screw 3 (DSC 3) 1 480 15-20 HP HOPP PANEL MOTOR The City M30 - Solar Green House Conveyor (WSC) 1 480 20 Range CONTROL CAB MOTOR The City CONTROLS Power to Hydraulics Cabinet 2" conduit 480 / 100 amp CONTROL CAB HOPP PANEL The City Controls to Hydraulics Cabinet 1" conduit 20 16ga CONTROL CAB HOPP PANEL The City Table 1 to Appendix A Page - 4 INSTRUMENTATION 2" conduit 6-7 T/S CONTROL CAB HOPP PANEL The City To Hydraulics Cabinet 3/4" Conduit 4 to 20 CONTROL CAB Load Cells The City To Load Cells 1" conduit 14ga THWN CONTROL CAB SGH J-Box The City SGH Conveyor E-Stop To Incline Conveyor 1/2" Conduit CONTROL CAB Incline Feed Conv. The City 3/4" Conduit CONTROL CAB Hopper J-Box The City To Hopper 3/4" Conduit CONTROL CAB Hopper J-Box The City To Incline Conveyor and SGH Conveyor Table 1 to Appendix A Page - 5 APPENDIX B COMPENSATION The City shall pay the Company the following Fees for the Project: Fee Rate: Company shall be paid for each ton of Sludge processed at the rate ("Fee Rate") of Sixty -Five and no/100 Dollars ($65.00) per ton based on a wet tons basis, as received at the Project at the Sludge Delivery Point, for a three (3) year period (the "Operational Period") commencing on the Certification Date specified in Appendix A. For the avoidance of doubt the last day of the Term shall correspond to and be the same as the last day of the Operational Period. 2. Minimum Fees and Invoice Reconciliation. The minimum amount that the Company will invoice the City each month (the "Minimum Fees") shall be and is the sum of Eighty -One Thousand Two -Hundred Fifty and no/100 Dollars ($81,250.00). A. Processing Target. The Minimum Fees are based on the fact that the Parties have agreed that the Company's monthly invoices will be based on the Parties' target (the "Processing Target") for the Project to process Fifteen Thousand (15,000) tons of Sludge on an annual basis, which is equal to the Project processing One Thousand Two Hundred Fifty (1,250) tons of Sludge per month. B. Invoice Reconciliation. At the end of each twelve (12) month period during the Operational Period, the Parties will reconcile the Fees that have been billed against the actual amounts of Sludge processed (the "Actual Results") during the past twelve (12) month period as follows: If the Actual Results exceed the Processing Target, the City shall pay the Company the additional Fees owed to the Company which shall be computed by multiplying the amount of tons processed in excess of the Processing Target by the Fee Rate; and 2. If the Actual Results are below the Processing Target, the Company shall pay the City for the shortfall which shall be computed by multiplying the amount of tons processed below the Processing Target by the Fee Rate. However, if the City's ability to utilize the Project is hampered or hindered due to the withholding of the Required Consents, then, for the period when such Required Consents are withheld (the "Withheld Consent Period"), the Parties stipulate and agree that the Project shall be deemed to have met the Processing Target, and the Company shall have no liability, duty, or obligation to pay or refund to the City any sums paid to the Company which relate to the Withheld Consent Period. 3. The Parties have agreed that the minimum annual sludge volume shall be Fourteen Thousand (14,000) wet tons of sludge annually. The parties have further agreed that the maximum payment by the Company to the City if the Actual Results are below the Processing Target, shall be $65,000, equal to One Appendix B Page - 1 Thousand (1,000) tons of sludge during the twelve (12) month Operational Period. C. Sludge Volume Limits. Total sludge delivered to the Project for processing at the Sludge Delivery Point shall not exceed fifty (50) wet tons per day, on a seven (7) day per week operating schedule. 3. Buy -Out Price. The price the City must pay to the Company to exercise the Buy -Out is One Million Nine -Hundred Ninety -Five Thousand and no/100 Dollars ($1,995,000). Appendix B Page - 2 APPENDIX C BUY-OUT AGREEMENT This Buy -Out Agreement (the "Sale Agreement") is executed as of this day of , 2025 (the "Execution Date"), by and between Griffin Residuals, LLC, a Kentucky limited liability company (the "Company") with offices located at 5872 Highway 1389, Owensboro, KY 42303, and the City of Fayetteville, AR, a municipal corporation in the State of Arkansas (the "City") with offices located at 2435 S Industrial Drive, Fayetteville, AR 72701. The Company and the City are each individually a "Party" and collectively are the "Parties". RECITALS WHEREAS, the Parties entered that certain Griffin Residuals Drying As A Service Agreement ("Agreement") on ; WHEREAS, pursuant to the Agreement, the City has the right to Buy -Out the Company Assets for the Buy -Out Price (as all of those capitalized terms are defined in the Agreement) for the sum of One Million Nine -Hundred Ninety -Five Thousand and no/100 Dollars ($1,995,000); WHEREAS, the City has exercised its Buy -Out right and, pursuant to this Sale Agreement, intends to and shall purchase the Company Assets; NOW THEREFORE, in consideration of the mutual covenants, undertakings, conditions, and consideration set forth below, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: TERMS OF SALE AGREEMENT 1. Recitals. The Recitals in this Sale Agreement are hereby incorporated into the Sale Agreement, are material terms of this Sale Agreement, and are being relied up by the Parties in executing this Sale Agreement. 2. Definitions. All capitalized terms which are not defined in this Sale Agreement shall have the meanings ascribed to them in the Agreement. 3. Payment of the Buy -Out Price and Sale of the Company Assets. Upon the Company's successful receipt and deposit of the payment of the Buy -Out Price by the City, the Company shall execute and deliver (the "Closing") a bill of sale to the Company Assets to the City transferring and conveying all of the Company's rights, title, and interest in and to the Company Assets to the City. 4. The Company's Disclaimer of All Warranties. The Company is selling, and the City is taking ownership of, the Company Assets AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, AND WITH NO WARRANTIES WHATSOEVER. THE CITY UNDERSTANDS AND AGREES THAT THE COMPANY HAS DISCLAIMED AND IS DISCLAIMING ANY WARRANTY, GUARANTY, OR REPRESENTATION, ORAL OR WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, AS TO TITLE, CONDITION, Appendix C Page - 1 FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER WARRANTY. THE CITY IS ACCEPTING THE COMPANY ASSETS BASED SOLELY ON ITS OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF THE COMPANY ASSETS AND NOT IN RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY OF THE COMPANY'S AGENTS OR CONTRACTORS. THE COMPANY HAS MADE NO AGREEMENT AND HAD NO DUTY TO ALTER, REPAIR OR IMPROVE THE COMPANY ASSETS. THE CITY AGREES TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ASSERTED AGAINST OR INCURRED BY THE COMPANY AS A RESULT OF ANY ACTS OR OMISSIONS WITH RESPECT TO THE COMPANY ASSETS FROM AND AFTER THE EXECUTION DATE AND ANY FAILURE BY THE CITY TO COMPLY WITH ALL OBLIGATIONS UNDER THIS SALE AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH 4 SHALL SURVIVE CLOSING. 5. The City's Release of the Company. The City, for itself and its respective citizens, heirs, beneficiaries, and assigns, hereby fully and finally forgives, releases, remises, and forever discharges the Company and the Company's employees, servants, representatives, agents, subcontractors, insurers, attorneys, heirs, successors, and assigns from any and all claims, demands, causes of action, disputes, fees, expenses (including attorney's fees and litigation expenses), costs, suits, and damages, of whatever kind or nature, known or unknown, at law or in equity, contingent or not, past or present, concerning the Company Assets, the Agreement, an any transactions that occurred between the Parties that arose on or before the Execution Date. 6. Investigation. Each Parry represents, warrants, and agrees that it has made an investigation of the facts related to the subject matter of this Sale Agreement and the effect of this Sale Agreement, seeking advice from others, including counsel, to the extent they believe necessary. 7. Severability. Should any provision of this Sale Agreement be declared illegal or unenforceable by any court of competent jurisdiction, such that it cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Sale Agreement in full force and effect. 8. Entire Agreement and Merger. The Parties acknowledge and agree that this Sale Agreement contains the entire and complete agreement between the Parties with respect to the Company Assets and that the terms and conditions stated in this Sale Agreement shall bind and inure to the benefit of the Parties hereto and their respective heirs, successors, representatives, and assigns. This Sale Agreement is intended to supersede all prior oral and/or written representations and promises discussed between the Parties and such prior oral and/or written representations and promises are merged and integrated herein. 9. Representation by Counsel. The Parties acknowledge that they have been represented by or had the option to be represented and have had access to independent legal counsel of their own choosing in connection with entering into this Sale Agreement, and the Parties hereby acknowledge that their respective legal counsel has reviewed this Sale Agreement and has Appendix C Page - 2 participated in the drafting of this Sale Agreement. Each Party fully understands the terms and conditions of this Sale Agreement and agrees to be fully bound by and subject thereto. 10. Authority. Each of the undersigned warrants that he or she is legally authorized to execute this Sale Agreement on behalf of the Party for which he or she executes this Sale Agreement. 11. Governing Law. This Sale Agreement shall be interpreted, governed, and enforced by and under the laws of the State of Arkansas. 12. Counterparts. This Sale Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes and all of which constitute, collectively, one Agreement. Each counterpart may consist of a number of copies hereof, each signed by less than all, but together signed by all of the Parties hereto. To facilitate execution of this Sale Agreement, the Parties may execute and exchange counterparts of the signature pages by facsimile or electronic means. 13. Joint Agreement. The parties acknowledge that this Sale Agreement was jointly drafted and shall not be presumptively construed in favor for against any party. 14. Expenses and Attorney's Fees. In the event of any dispute or litigation between any of the Parties hereto as to any matter arising under this Sale Agreement or relating to the subject matter hereof, the prevailing Party shall be entitled to recover from the non -prevailing Party all of the prevailing Party's reasonable costs and expenses, including, without limitation, reasonable attorney's fees, incurred in such litigation (including in any appellate or bankruptcy litigation). 15. Time is of the Essence. Time is of the essence in the performance by the various Parties of their obligations under this Sale Agreement. IN WITNESS WHEREOF, the Parties have executed this Sale Agreement through their duly authorized officers as of the date set forth in the preamble to this Sale Agreement and acknowledge their full understanding and acceptance of this Sale Agreement's terms. For the City For the Company By: By: Name: Name: Title: Title: Date: Date: Appendix C Page - 3 APPENDIX D COMPANY INSURANCE (See Attached) nc. oirn CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 04/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NC ONTCT ABrandon House PHONE 270 927-8841 FAX 270 927-8897 House Insurance Service LLC EA -MIL brandon@houseinsurancesvc.com PO Box 339 INSURERS AFFORDING COVERAGE NAIC # Hawesville KY 42348 INSURER A: Auto Owners Insurance Co. 524210 INSURED INSURER B : INSURERC: Griffin Residuals LLC INSURER D : 5872 State Route 1389 INSURER E : Owensboro KY 42303 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR la POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS -MADE FX I OCCUR DAMAGE TO RENTED $ 300,000 MED EXP (Any oneperson) $ 10,000 Y 53-271005-00 04/27/2022 04/27/2023 PERSONAL & ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS Y 53-271005-00 04/27/2022 07/27/2023 X PROPERTY DAMAGE $ HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION PER�TATUTF OTH- ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insureds: Water Environment Federation, SMG, The Franklin County Convention Facilities Authority and Levy Premium Foodservice Limited Partnership, the Greater Columbus Convention Center, the City of Columbus, and their agents, trustees, officers, board members and employees. CERTIFICATE HOLDER CANCELLATION Water Environement Federation 601 Wythe St. Alexandria, VA 22314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE <BAH> © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD APPENDIX E CITY INSURANCE City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2022 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed in the Water/Sewer - Wastewater Treatment Plant Operational budget to cover the cost of a service agreement for the drying of biosolids at the Biosolids Management Site. Griffin Residuals, LLC will install, operate, and train City staff to operate a Biosolids dryer to replace the previous biosolids dryer that suffered a catastrophic failure on December 13, 2021. Budgeted funds will be transferred from the Lake Sequoyah Sediment Removal/Dredging project to cover the cost of this service agreement for 2022. Cost savings in the project is being trancfPrrPr1 to rnvar tha rnct of thic i inavnartari nnarntinnni rnct COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0644 Hovy 3lack� 712812022 3:53 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.20220718 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.730.5110-5315.00 487,500 - EX Contract Services 5400.720.5600-5808.00 (487,500) - 17004 1 EX Improvements - Water Line H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0644 BA Griffin Residuals Biosolids Contract 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0693 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: CA WEST END APARTMENTS: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN OFFER TO PURCHASE APPROXIMATELY 1.74 ACRES OF LAND LOCATED AT 1125, 1137, 1153, AND 1189 NORTH WEST END AVENUE FOR THE AMOUNT OF $1,390,000.00 PLUS CLOSING COSTS, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the structures located at 1125, 1137, 1153 and 1189 N West End Ave (commonly referred to as the West End Apartments) have flooded multiple times according to city records; and WHEREAS, this flooding has led to significant loss of property for the residents and created a life safety issue in both the 2017 and 2022 flooding events; and WHEREAS, this flooding puts both the residents and the City of Fayetteville Emergency Services at risk when these flooding events occur; and WHEREAS, as a service to our residents, the City of Fayetteville participates in the Federal Emergency Management Agency (FEMA) Community Rating System (CRS). This provides for discounts (currently 5%) on most flood insurance policies within the City limits; and WHEREAS, as of November 30, 2018, the City of Fayetteville contained 532 flood insurance policies resulting in approximately $522,224 in annual premiums paid. The total insurance coverage in force was just over $122 million and the total paid losses since entering the program in 1982 was approximately $3.2 million; and WHEREAS, CRS regires the participating community to develop and implement a plan to deal with structures that continually flood. In many instances, including this one, the only economically feasible option is to purchase the property; and WHEREAS, it will increase Fayetteville's overall flood resiliency and will reduce the overall flood loss to the community during large rain events affirming one goal of the Washington County Pre -Hazard Mitigation plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF City of Fayetteville, Arkansas Page 1 Printed on 811012022 File Number: 2022-0693 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an offer to purchase approximately 1.74 acres of land located at 1125, 1137, 1153, and 1189 North West End Avenue for the amount of $1,390,000.00 plus closing costs as well as any other documents necessary to effectuate the purchase of this property, and further approves a project contingency in the amount of $10,000.00. 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. City of Fayetteville, Arkansas Page 2 Printed on 811012022 City of Fayetteville Staff Review Form 2022-0693 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 7/27/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and to approve a budget adjustment Budget Impact: 4704.860.7405-5805.00 4704 - Drainage Bond Projects Account Number Fund 46040.7405 Drainage Projects - Floodplain Buyout/Elevation Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 5,586,277.00 $ 5,261,669.87 324,607.13 $ 1,390,000.00 $ 1,390,000.00 324,607.13 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: July 27, 2022 CITY COUNCIL MEMO SUBJECT: Approval of a resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and to approve a budget adjustment. RECOMMENDATION: Staff recommends approval of a resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and to approve a budget adjustment. This recommendation is based on the following: 1. The structures located at 1125, 1137, 1153 and 1189 N West End Ave (Commonly referred to as the West End Apartments) have flooded multiple times according to city records. 2. This flooding has left to significant loss of property for the residents and created a life safety issue in both the 2017 and 2022 flooding events. 3. This flooding puts both the residents and the City of Fayetteville Emergency Services at risk when these flooding events occur. 4. As a service to our residents, the City of Fayetteville participates in the Federal Emergency Management Agency (FEMA) Community Rating System (CRS). This provides for discounts (currently 5%) on most flood insurance policies within the City limits. 5. As of November 30, 2018, the City of Fayetteville contained 532 flood insurance policies resulting in approximately $522,224 in annual premiums paid. The total insurance coverage in force was just over $122 million and the total paid losses since entering the program in 1982 was approximately $3.2 million. 6. CRS requires the participating community to develop and implement a plan to deal with structures that continually flood. In many instances, including this one, the only economically feasible option is to purchase the property. 7. It will increase Fayetteville's overall flood resiliency 8. It will reduce the overall flood loss to the community during large rain events affirming one goal of the Washington County Pre -Hazard Mitigation plan. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BACKGROUND: The subject property and structures are located within Zone AE according to flood insurance rate map 05143CO220F with portions of the structures and the property located within the floodway. For those not familiar, the Special Flood Hazard Area (SFHA) is made up of multiple "zones." These zones identify the various risks as well as the applicable regulations for development. Zone AE is commonly referred to as the 100-year floodplain and is made up of both floodplain and floodway. The floodway is the area designated by the Federal Emergency Management Agency, FEMA, for flood water conveyance. This is often relatively high velocity flood waters and the regulations are very restrictive as the intent is for this area to remain open space in order to preserve that conveyance. It is also the intent of the regulation to restrict developments in these areas which are the most susceptible to flooding. Unfortunately, these structures were located within a high -risk area prior to the maps being adopted by the City and as such have a long history of flooding. DISCUSSION: The West End Apartments contain approximately 50 total units spread over 4 structures. As stated previously, this apartment complex has flooded multiple times with the most recent occurring in April of 2017 and May of 2022. During those events, water entered all 4 of the buildings located on the property and impacted all of the residents. In each event, residents suffered the loss of much of their property including in some instances the vehicles they own that were in the parking area. Due to the velocity of the floodwater, emergency services also had to perform swiftwater rescues for many of the residents located in the facility endangering both the residents and the emergency crews. As an increase in the danger, the May 2022 event occurred in the early morning hours with little warning to the residents of the facility. As a response to the flooding that occurred in 2017, City staff brought forward a proposal for a flood study to be completed to look at potential solutions to the flooding for the Hamestring Creek area upstream of 1-49. This included several tributaries of Hamestring Creek including the tributary that flows next to the West End Apartments. As a result of that study, there was no real action with regard to upsizing culverts and channels that would reduce or eliminate the flooding to these structures. Left with no other feasible solutions, staff began to research the potential to purchase the structures. While we do understand the impact it would have to the residents of the West End Apartments, staff feels that the life safety issues and continual flood losses experienced by the owner and residents warrant the purchase of these faculties by the City and removal of those residents from harm's way. After the May 2022 event, the apartment complex was offered for sale. At that time, staff began working with the administration on the potential to purchase the apartments while there was a willing seller. As such, this proposal is brought forward for council's consideration to purchase the facility. After the purchase, there are potential grant options that could help cover at least a portion of the demolition costs and restoration of the riparian area. Due to the urgency associated with the purchase, these items will be brought forward at a later date for council's consideration. It should be noted that this property is currently under contract to purchase. The attached draft offer letter would be contingent on the current offer to purchase not being completed for any reason. Upon approval from council, the offer letter will be signed and forwarded to the owner and the Land Sale Agreement which is also attached would be completed. If the offer is accepted and the current land sale is not completed for some reason, the City would proceed with preparing all necessary documents and scheduling a closing date. BUDGET/STAFF IMPACT: As a part of the process, engineering staff had the property appraised to get a general idea of the market value. As of July 2022, the market value of the property was indicated to be $1,390,000 based on that appraisal. The proposed source for the funding would be the 2019 Drainage Bond Funds as portions of the funding were originally planned for floodplain buyout opportunities. Attachments: See photos on following pages Draft offer letter Draft Land Sale Agreement May 2022 Flood: High water mark located on a door at 1125 N West End Ave. Debris and some items lost in the flood by residents 4 High water mark on door at 1189 N West End. Depth from sidewalk grade approximately 18 inches. 6" 1" IVV) wedinwoll PI Amd"I 9 .LArM" - q W40 W I/ Map of the flood pl ai n/f loodway July 29, 2022 WERP, LLC 418 E Huntsville Road Fayetteville, AR 72701 lum CITY OF FAYETTEVILLE ARKANSAS RE: West End Apartments Parcel #765-13695-000 Offer to Purchase Dear Ladies and Gentlemen: As you may be aware, the City of Fayetteville is working diligently to gain approval to purchase a property you own known as West End Apartments. You are fully aware that there have been flooding issues at this location and our purchase of the property would prevent someone else purchasing it and having the same issues you and your tenants have. Based on a recent appraisal, the City offers to purchase this property for the amount of $1,390,000.00, contingent upon execution of a final Land Sale Agreement and the property being completely vacant of all tenants at the time the Land Sale Agreement is executed. A copy of the appraisal can be provided if you wish to see it. Below are the general terms of the City's offer: A. Purchase Price of $1,390,000.00 B. Closing to occur within 90 days following the date of the Land Sale Agreement C. Title Insurance to be provided by Seller D. Taxes to be prorated as of the date of closing E. Both parties shall equally share closing fees. F. Buyer shall be responsible for any revenue stamps and recording fees The full details of the sale will be memorialized in a final Land Sale Agreement negotiated between you and the City at a future date. A draft Land Sale Agreement is included for your reference. A City Land Agent will be glad to meet with you or your representatives at your convenience and discuss this offer and there will be an official closing handled by a title company within 90 days of all approvals and signatures. Please contact Holly Jones at (479) 444-3414 (hiones(abfayetteville-ar.gov) or Brandi Samuels at 479-444-3421 (bsamuels(o�fayetteville-ar.gov) regarding the closing. For any other questions or concerns, please contact Alan Pugh, Stormwater Engineer at (479) 575-8208 (apugh(c)-fayetteville-ar.gov), or Chris Brown, Public Works Director/City Engineer, can be reached at (cbrown fayetteville- ar.gov). If the general terms above meet with your approval, please indicate your acceptance by signing below and we will work with you to finalize the Land Sale Agreement. Sincerely, Lioneld Jordan Mayor LJ/hj Accepted: WERP, LLC By: Title: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LAND SALE AGREEMENT This Land Sale Agreement is made and entered into by and between the City of Fayetteville, Arkansas, an Arkansas municipal corporation (hereinafter "City" or "Fayetteville") and WERP, LLC, an Arkansas Limited Liability Company (hereinafter "the Sellers"). TERMS AND CONDITIONS PURCHASE AND SALE Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City of Fayetteville agrees to purchase, and the Sellers agree to sell, the following described property (the "Property"): SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION 2. PURCHASE PRICE Subject to the terms and conditions, mutual promises and covenants of this Agreement, the City agrees to purchase the Property for One Million, Three Hundred Ninety Thousand Dollars and No/100 ($1,390,000) to be paid to the Sellers by the City on or before the Closing Date. 3. CONTINGENCIES This sale shall be contingent upon the property being vacant of all tenants at the time this Agreement is signed by the Seller and Seller is responsible for maintaining that vacancy until closing. 4. CLOSING DATE AND PLACE Closing shall occur within 90 days following the date this Agreement has been executed by the parties. The Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas in a room supplied by the City of Fayetteville or at another location agreed upon by the parties. The Closing Date may be extended upon the mutual agreement of the parties. 5. DATE OF POSSESSION Possession of the Property shall be delivered to the City of Fayetteville on the Closing Date free of any tenancies or other third -party possessory rights. 6. TITLE INSURANCE The Sellers shall order a title commitment on the Property, as soon as practicable following the full execution of this Agreement, through a title insurance company selected by the Sellers and acceptable to the City. If the report on title, binder or commitment discloses any defects in title (other than liens or encumbrances of a definite or ascertainable amount which may be paid at closing), The Sellers shall have thirty (30) days from the date of the City notice of such defects to make a good faith effort to cure such defects and to furnish a report showing the defects cured or removed. If such defects are not cured within thirty (30) days, the City may terminate this agreement or may, at its election, take title subject to any such defects. The cost of the title commitment and the cost of the owner's title policy shall be borne by the Sellers. 7. DEED, TAXES, CLOSING COSTS, AND OTHER DOCUMENTS On the Closing date, the Sellers shall convey marketable and insurable title to the premises by general warranty deed, free and clear of all liens, restrictions, and encumbrances except easements and rights -of -way of record, or as provided in this Agreement Taxes and special assessments due on or before the date of closing shall be paid by Sellers. Ad valorem taxes shall be prorated as of the date of closing. The City and the Sellers shall equally share the cost of a reasonable closing fee imposed by the closing agent employed by parties provided however that the City shall be responsible for any revenue stamps resulting from this transaction and all recordings fees for the deed and other documents that need to be filed. 8. RISK OF LOSS Risk of loss as to the Property shall remain with the Sellers until the Closing date. 9. THE CITY OF FAYETTEVILLE'S DUE DILIGENCE The City may enter upon the Property to conduct any surveying, testing or inspection it deems necessary to ensure the Property will be appropriate and safe. If the City discovers any problems that would adversely impact its development and use of the Property for its facilities, the City shall notify the Sellers who shall be granted sixty (60) days to remediate any problem. The Sellers may also terminate this Agreement without penalty rather than remediating any problem or issue discovered by the City. 10. NOTICES Notices required by this Agreement shall be in writing and shall be delivered to City of Fayetteville WERP, LLC, an Arkansas Limited Liability Company ATTN: Mayor's Office c/o John C. Cloyed, Jr. 113 W. Mountain Street 418 E Huntsville Road Fayetteville, AR 72701 Fayetteville, AR 72701 11. AUTHORITY Each of the undersigned individuals represent and warrant that they are authorized to enter into this Agreement on behalf of themselves or their respective entities and that execution hereof will bind all parties to this Agreement. 12. COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. 13. FACSIMILE For purposes of executing this Agreement, a scanned or facsimile signature shall be as effective an as actual signature. 14. APPLICABLE LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Arkansas with venue in Washington County, Arkansas. 15. SURVIVAL The representations, warranties, and agreements of the parties contained herein shall survive the closing date. 16. NO WAIVERS The waiver by either party hereto of any condition or the breach of any term, covenant or conditions herein contained shall not be- deemed to be a waiver of any other condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. 17. TIME OF ESSENCE N Time is of the essence in this Agreement. 18. INVALIDITY If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity, it shall only affect such particular term or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. 19. COMPLETE AGREEMENT All understandings and agreements heretofore existing between the parties are merged into this Agreement that alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by all of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to the City at closing. IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement and after being properly authorized by the Fayetteville City Council, the Mayor and City -Clerk Treasurer of the City of Fayetteville, Arkansas, Purchaser, sign their names below: PURCHASER: CITY OF FAYETTEVILLE, ARKANSAS By: ATTEST: Lioneld Jordan, Mayor Kara Paxton, City Clerk -Treasurer Date: IN AGREEMENT WITH ALL OF THE TERMS AND CONDITIONS of this Land Sale Agreement, Sellers sign below: SELLER: WERP, LLC, an Arkansas Limited Liability Company By: By: By: John C. Cloyed, Jr., Manager John F. Cloyed, Member Ellen Cloyed, Member Legal Description from Warranty Deed: 2015-13714 Date: A part of the of SE '/4 of the NE '/ of Section 7, T-16-N, R-30W, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is 1,029.00 feet west and 62.55 feet north of the SE 3 corner of said 40 acre tract and running thence N 76 degrees 56'27" W along the north right of way of Wedington Drive 92.29 feet; thence N 89 degrees 44'02" W along said right of way 60 feet to the centerline of a creek; thence along said creek centerline N00 degrees 36'11" W, 70.93 feet; thence N01 degrees 31'24"W, 124.97 feet; thence N17 degrees 57'03" W, 87.21 feet, thence N00 degrees 20'43"E, 55.04 feet; thence N01 degrees 05'58" W, 91.44 feet; thence NO3 degrees 20'10"W 101.23 feet; thence leaving said creek centerline N89 degrees 57'55" E 161.95 feet to the west right of way line of West end drive thence along said right of way south 547.45 feet to the point of beginning. Containing 1.74 acres, more or less. Subject to the portion of utility restrictions and rights of way of record. Subject to any easements, rights of way, restrictive covenants and/or bills of assurance of record, if any. C! City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2022 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a resolution authorizing the purchase of property and structures located at 1125, 1137, 1153 and 1189 N West End Ave, in the amount of $1,390,000 plus a $10,000 contingency for the associated closing costs and approval of a budget adjustment RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0693 }f o-�Ly 3lack� 712812022 8:35 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL Account Number - - Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220718 Account Name 4704.860.7405-5805.00 1,390,000 - 46040 7405 EX Land - Acquisition 4704.860.7405-5911.99 4704.860.7999-5899.00 10,000 - (1,400,000) - 46040 7405 EX 46040 7999 EX Contingency -Capital Project Unallocated - Budget H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0693 BA West End Apartments 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0707 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.5 SCHOOL RESOURCE OFFICER: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, pursuant to Ark. Code Ann. § 6-10-128, the City of Fayetteville and the Fayetteville Public School District must enter into a memorandum of understanding regarding the assignment of school resource officers (SROs) to the Fayetteville Public School District including the financial responsibilities of each party, chain of command, the roles and responsibilities of the school resource officers, training requirements, hours of assignment, the provision of benefits, and other matters; and WHEREAS, the City currently has six school resource officers assigned to the Fayetteville Public School District which has fifteen schools in operation and a sixteenth under construction; and WHEREAS, the District has requested that the City assign another school resource officer to the District beginning in the 2022-2023 school year; and WHEREAS, the District has also requested that the City assign additional officers in the future to ensure that each school is able to have a school resource officer on site; and WHEREAS, the additional school resource officer positions will be new full time equivalent officers and will not reduce the Police Department's current staffing levels; and WHEREAS, on August 2, 2022, the Arkansas School Safety Commission released its Interim Report with findings and recommendations including the following from the Law Enforcement and Security Subcommittee which is chaired by Washington County Sheriff Tim Helder: Recommendation 1: No campus should ever be without an armed presence "AT ALL TIMES" when staff and children are attending class or a major extracurricular activity. City of Fayetteville, Arkansas Page 1 Printed on 811012022 File Number: 2022-0707 • Recommendation 2: If financially practicable, school should ideally have at least one SRO for each campus. • Recommendation 3: School districts should execute a Memorandum of Understanding (MOU) with their partnering law -enforcement agencies that identify the roles and responsibilities of SROs and other critical elements. • Recommendation 4: SROs whose primary assignment is within the school should receive specialized training. 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 the addition of a new full time equivalent officer position for the Police Department to be assigned to the Fayetteville Public School District in accordance with the memorandum of understanding required by Ark. Code Ann. § 6-10-128. 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 fund the new position. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby expresses its intent to approve the addition of two new full time equivalent officer positions every year beginning in 2023 and authorize those positions to be assigned to the Fayetteville Public School District as school resource officers until each school is able to have an officer on site. City of Fayetteville, Arkansas Page 2 Printed on 811012022 Legistar ID No.: 2022-0707 AGENDA REQUEST FORM FOR: Council Meeting of August 16, 2022 FROM: Council Member Holly Hertzberg ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022-2023 SCHOOL YEAR, AND TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY APPROVED FOR AGENDA: A&Oa6-4 .r I f ZI ZZ City Council Member 0Date Holl Hertzberg L/ 2 Asst. City Attorney Blake Pennington Date Approved as to form Pennington, Blake From: Hertzberg, Holly Sent: Tuesday, August 2, 2022 1:12 PM To: Pennington, Blake Subject: Re: Agenda Request - SROs Thank you Blake! I am attaching my memo below. Let me know if you would prefer this as a word pdf on letterhead. I am bringing forward this ordinance in order to ensure the safety and security of students, faculty, and staff within the Fayetteville Public Schools. As we were tragically reminded on May 24th, school violence is a prominent threat that needs to be taken seriously; the City of Fayetteville has a responsibility to ensure all possible measures are in place to prevent and defend against this type of evil. According to the Arkansas School Safety Commission, "No campus should ever be without an armed presence "AT ALL TIMES" when staff and children are attending class or a major extracurricular activity." Fayetteville Public School District has six school resource officers covering fifteen schools which means we are severely behind in meeting the recommendations of the Arkansas School Safety Commission; this ordinance will bring us one step closer to meeting these important safety goals. Thank you for all your work on this! Holly Hertzberg From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Tuesday, August 2, 2022 9:03 AM To: Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Subject: RE: Agenda Request - SROs Holly, I meant to send the draft recommendations to you as well in case it will help with your email/memo. Thanks, Blake Blake .E. Pennington Assistant City Attorney Tele: (479) 575-8313 bpennin (oilg@1 etteville-ir_&) From: Pennington, Blake Sent: Monday, August 1, 2022 1:41 PM To: Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Subject: Agenda Request - SROs Holly, Attached is a revised draft of the resolution for your review. I'll have an agenda request form for you once we finalize everything. Please let me know if you need anything else in the meantime. Thanks, Blake Blake E. Pennington Assistant City Attorney 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 is )elm lilil loll.<<'ii� ll�VV�jc-E13.°l)V •l QFpICE OF THE CITY ATTOIXIVEY Facebook I Twitter I Instagram I YouTube Law Enforcement and Security Subcommittee Interim Report: Recommenda#ion is No campus should ever be without an armed presence "AT ALL TIMES" when staff and children are attending class or a major extracurricular activity. We anticipate recommending the addition, "AT ALL TIMES", to the full Commission. While 84% of school districts indicated they have armed presence on all campuses in the 2019 School Safety Assessment, discussion pertaining to the accuracy of this survey question generated the need to clarify what a "campus" is. In 2018, the intent of our subcommittee was to have armed security within each building, i.e. Elementary School, Middle School, Junior High School and High Schools. This subcommittee is of the opinion school districts did not fully understand our intent. Consequently, a more descriptive question was included in the 2022 School Safety Assessment and the results will provide more meaningful information. With initial reports and anecdotal evidence, we believe that most school districts do not have an armed presence in every school. Either districts could not afford the cost of School Resource Officers (SROs) or Commissioned School Security Officers (CSSOs) or the district was opposed to arming additional personnel (SROs or CSSOs). In the 2019 School Safety Assessment, while 79% of districts indicated having at least one SRO, only 20% of the districts indicated they had an SRO on all campuses. Only 20 districts indicated that they have established CSSO programs. Compounding this issue further, if there is an armed presence, it is periodically interrupted due to the SRO (if only one) having responsibilities elsewhere in the district, or other responsibilities within the community that remove them from the school. There will be questions on the 2022 School Safety Assessment that will provide additional data to better determine the scope of this issue and help direct any additional recommendations. When reflecting upon the Uvalde, Texas school shooting, it is possible that had armed security been inside the school when the attack began, the shooter may have been thwarted, perhaps before ever entering the school. This subcommittee believes very strongly that an armed presence in every school within a district is a must. The committee gave several options for school districts to explore in their efforts to provide their students with armed security. These options will be reviewed in this report. Recommendation 2: If financially practicable, schools should ideally have at least one SRO for each campus. Progress Made. Based on data from the Arkansas Center for School Safety, there are now 460 SROs throughout the state, with 223 total districts using SROs. The number of SROs (315) has increased significantly since the initial survey conducted by the Commission. However, at the time of the initial school safety assessment, only 20% of districts indicated they had SROs on all campuses. The financial practicability of having an SRO on each -24- "campus" should be better answered in upcoming survey after the definition of "campus" was clarified. This recommendation dovetails with the first requiring armed security on every school campus within a district. Because this recommendation states, if financially practicable, the committee is signaling that this is an important goal, but it is not as crucial as having some form of armed security in every school. Obviously having a school resource officer on a campus does provide armed security, but it also provides the campus with a valuable tool. When properly trained a SRO can build bridges between students and the police that can be incredibly beneficial in helping to provide and increase the level of security for the school. We recognize that a SRO can be a powerful mentor and role model for the students they serve. They can also play an important role when schools are training staff to recognize and react to security threats. If funding can be found, placing a SRO in every school is recommended. Recommendation 3: School districts should execute a Memorandum of Understanding (MOU) with their partnering law -enforcement agencies that identify the roles and responsibilities of SROs and other critical elements. This recommendation became law with the passing of Acts 551 and 622 of the 2021 regular session and requires a school district that accepts a SRO to enter into a memorandum of understanding with the law enforcement agency having jurisdiction. The University of Arkansas System's Criminal Justice Institute and Arkansas Center for School Safety (the Center) in collaboration with other key stakeholders including DESE's Safe Schools Committee developed a model MOU that must be used by school districts when obtaining the services of a SRO from a local or county law enforcement agency. School districts that form an institutional police department must use this model MOU to develop mirroring policies and procedures for any sworn police officers on campus during the instructional day (SROs). A copy of the model SRO MOU can be found at www.arsafeschools.com. Recommendation 4: SROs whose primary assignment is within the school should receive specialized training. Acts 551 and 622 also include training requirement for all SROs. These include, a 40-hour basic SRO course, Youth Mental Health First Aid certification every four years, a SRO refresher course every five years after completing the basic SRO course and 12 hours of continuing education in school safety annually. In addition, superintendents and administrators with direct supervision responsibilities of a SRO must take a course on SRO roles and responsibilities. The Arkansas Center for School Safety (the Center) provides all needed courses (in -person and online) for SROs or administrators www.arsafeschools.com) to meet these requirements. The Center is responsible for ensuring compliance in these laws and a district can lose the ability to use a SRO if these training requirements are not met. -25- We anticipate recommending a requirement that at least all SROs and CSSOs participate in regular Active Shooter training (i.e. ALERRT). Advanced Law Enforcement Rapid Response Training (ALERRT) The ALERRT Center at Texas State University is one of the most widely accepted active attack programs in the nation. ALERRT was created at Texas State University in 2002 as a partnership between Texas State University, the San Marcos, Texas Police Department and Hays County, Texas. BY 2013, ALLERT at Texas State was named as the National Standard in Active Shooter Response Training by the FBI. Since 2002, ALERRT has been awarded more than $72 million in state and federal grant funding. The program has trained more than 130,000 law enforcement and fire personnel nationwide in force -on -force scenario -based training. The ALERRT program is also responsible for training over 200,000 in the Civilian Response to Active Shooter Events (CRASE) Avoid -Deny -Defend awareness program. Please note many schools in Arkansas have received CRASE training from the Arkansas Center for School Safety and local and county law enforcement personnel across the state. The ALERRT program is data driven and research based. The staff uses in-depth after -action lessons learned through partnerships with agencies who have been involved in some of the most highly published events related to active shooter situations. ALERRT established a criminal justice research department to evaluate and enhance the overall understanding of active attack events and assist in improving best practices. Numerous state and federal agencies have accepted the ALERRT curriculum as their standard active shooter training. These states include, Texas, Mississippi, Alabama, Oklahoma, Iowa, Louisiana, Maryland, Georgia and Virginia. In addition, the New York Police Department, San Antonio Police Department, Miami Police Department, Memphis Police Department and the Atlanta Police Department are some of the major cities to adopt ALERRT as their standard. (Information obtained from the ALERRT gyve site.) Based on the Uvalde event as described in the Robb School Report, the ALERRT training program addresses most of the leadership and tactical failures identified. The Level 1 basic course is the backbone of the law enforcement instruction and designed to prepare the law enforcement officer to isolate, distract and neutralize an active shooter. The course covers shooting and moving, threshold evaluation, concepts and principles on team movement, setting up for and conducting room entries, approach and breaching areas, improvised explosive devices, and post engagement priorities of work. The course utilizes force -on -force scenarios as proof of instruction concepts. If these principles had been used in the Robb Elementary School shooting incident the outcome may have been much different. In 2018, ALERRT merged the three primary first responder disciplines (Police, Fire, and EMS), and developed an integrated response that includes emergency medicine, -26- coordinated command centers, stronger local, regional, state and national response preparedness and processes. With the addition of the integrated response system the ALERRT program is now a three -prong approach in providing active shooter event survival skills. They teach law enforcement the approach of stop the threat prior to anything else, they provide a civilian response course that teaches our civilian populace the skills to survive from the time the active attack starts until law enforcement officers neutralize the threat and the integrated response system that allows for immediate on -site lifesaving procedures. Additionally, ALERRT provides specific training in the following areas: 1. Active Shooter Incident Management: The course provides an overview of the incident command systems and the specific way to use the processes to integrate various stakeholders in the first hour of response to an active attack. 2. CRASE: This training platform focuses on civilians and is frequently requested by schools, businesses and hospitals. The civilian response to active shooter events provides resources in how to act if they are confronted with an active shooter event. 3. Civilian Response and Casualty Care: This course combines the civilian response to an active shooter with the Stop the Bleed Campaign, which empowers civilians to provide life saving medical aid before first responders ever arrive. 4. Breaching: The training provides hands on training to aid the first responder in approaching and breaching crisis site using traditional and non-traditional methods. The class discusses manual and ballistic breaching tools to gain immediate entry into a structure under extreme circumstances that demand immediate entry to save and protect lives. 5. Exterior Response to Active Shooters Events: The course is designed to prepare law enforcement for an open-air active attack encounter. It addresses tactics and techniques to be used in an exterior environment with an armed aggressor. 6. First Responder Medical: This is a train the trainer course that delivers a Tactical Medical for Patrol Officers course of study. This is a critical component in immediate life saving measures. 7. Solo Officer Rapid Deployment: The course provides the solo officer with knowledge, skills and mind set on how to isolate, distract, or neutralize an armed threat like an active shooter. ALERRT provides the most comprehensive instructional approach to the active attack event as any program in the nation. ALERRT is funded through the Department of Justice Bureau of Justice Assistance and is the most widely accepted active shooter program in our region and on a national platform. The State of Arkansas currently has over 400 certified ALERRT trainers who can provide immediate instruction in the majority of the eight ALERRT platforms. Furthermore, ALERRT is the active shooter standard curriculum for Arkansas -27- Commission on Law Enforcement Standards and Training academies in NW and Central Arkansas and ALETA in Camden. Recommendation-6.- If a school district authorizes the use of the CSSO program, that policies, protocols, training, and selection go above the minimum standards required, to Include standard psychological exams, random drug screening, extensive firearms handling training, and regular training with local law -enforcement. The CSSO program was authorized legislatively through Act 393 of 2015. We believe since the 2018 Commission's recommendation there has been a significant increase in the use of these programs. We are hopeful the latest survey will give us a much clearer picture. It will also let us know how many districts utilize enhanced requirements (such as psychological testing and random drug screening, etc.) that are above the Arkansas State Police (ASP) certification. The ASP is the regulatory agency that manages the Commission School Security Officer (CSSO) program. The ASP require new CSSOs to complete 60 hours of training encompassing active shooter training, live fire training, medical, and weapon retention. The ASP requires CSSOs to receive 24 hours of annual training encompassing the same curriculum as required in the initial 60-hour training. A background check is required every other year because CSSOs are required to renew their credentials on a biannual basis. The survey will ask districts if they are psychologically testing their new CSSOs and if they are using random drug testing. The subcommittee believes it is important for local law enforcement agencies to train with their public school and the school's CSSOs. We hope to gain a better understating through the survey, but based on anecdotal information it appears the CSSO program is being used by more districts every year. The subcommittee believes the Commission's CSSO model with enhanced requirements is an economical way of placing armed security within every school, in all of Arkansas's school districts and urges school leaders to consider a hybrid approach using CSSOs and SROs in order to provide every school with armed security redundancy. Recommendation 6: Schools should consider strategies that layer and build redundancy for optimal security. Much discussion has taken place as to the intent of this recommendation. Our subcommittee will likely recommend changing the word "consider" to "implement". We further believe, as it pertains to our mission, layering and redundancy are critical. This recommendation is meant to stress the importance of designing into a district's plan for armed security, a method of insuring that, in the event the individual(s) providing armed security are absent, there is another person available to provide the armed security detail for the day. The original Commission's reason for Recommendation 6 was also to point out that, when possible, a school should have multiple people assigned to armed security on any given day. For our subcommittee, layering and redundancy speak to the critical need to -28- not only have armed, trained personnel (SROs and/or CSSOs) present in each building, but to have multiple in each building for "layering". When utilizing SROs redundancy means having plans in place to have "substitutes" step in when they are absent, just like when a teacher calls in sick. The subcommittee believes schools are best served with law enforcement providing security, but this may be a struggle to accomplish given the level of funding necessary to provide every school with a resource officer and the current retention and recruitment issues facing law enforcement agencies across the state. We anticipate recommending additional training for CSSOs, primarily Active Shooter (similar to SROs). This serves two purposes. One, it provides for redundancy; two, it assists the responders in a psychological way. Knowing others on the scene are going to react consistently. Recommendation 7: Arkansas's Commission on Law Enforcement Standards and Training (CLEST) should study the feasibility of school districts being allowed to establish their own law enforcement agencies. Act 629 of the 2019 regular session gave school districts the ability to appoint an institutional law enforcement officer, thereby creating a school police department. Since that time, at least 16 school districts have developed their own police departments. When the commission was gathering information to develop the 2018 report, Commission members heard from several school leaders that believed this model would best serve their districts. The 2022 Commission will use the 2022 School Safety Assessment to determine the number of districts that have since adopted this method of providing SROs for their schools. There have been several successful agencies thus far that have been established in larger school districts throughout the state. The survey will determine how many (SROs and CSSOs) are furnished "Go Bag" and if so, what equipment is furnished. We anticipate recommending the Commission add this vital equipment as a recommendation to our overall report. -29- City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 POLICE (200) 2022 Requestor: April Melton BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO APPROVE THE ADDITION OF A NEW FULL TIME EQUIVALENT POLICE OFFICER POSITION TO BE ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT AS A SCHOOL RESOURCE OFFICER BEGINNING IN THE 2022 2023 SCHOOL YEAR, AND TO EXPRESS THE INTENT OF THE CITY COUNCIL TO ADD TWO NEW SCHOOL RESOURCE OFFICER POSITIONS EACH YEAR THEREAFTER UNTIL EVERY SCHOOL IN THE DISTRICT IS ABLE TO HAVE AN OFFICER ON SITE EACH SCHOOL DAY. AND APPROVAL OF A BUDGET ADJUSTMENT. RESOLUTION/ORDINANCE COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0707 KP,vLwSpv'i+� 8/4/2022 12:06 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 8/16/2022 CHKD/POSTED: TOTAL 40,000 40,000 v.20220718 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.200.2940-5102.10 14,715 - EX Uniformed Salaries - Uniformed 1010.200.2940-5103.10 337 - EX Uniformed Overtime - Uniformed 1010.200.2940-5105.01 219 - EX Payroll Taxes - Medicare 1010.200.2940-5108.00 2,842 - EX Emp Insurance - Health 1010.200.2940-5108.01 47 - EX Emp Insurance - LTD 1010.200.2940-5108.02 3 - EX Emp Insurance - ADD 1010.200.2940-5108.03 51 - EX Emp Insurance - Life 1010.200.2940-5109.03 3,914 - EX Pension - LOPFI Police 1010.200.2940-5302.00 17,872 - EX Uniforms/Personal - Equipment 1010.200.2940-4401.05 - 23,400 RE Reimbursements - SRO Salary 1010.001.0001-4999.99 - 16,600 RE Use Fund Balance - Current H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0707 BA School Resource OfficerAsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0691 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 RZN 22-028 (1466 N. GREGG AVE./REYNOLDS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-028 LOCATED AT 1466 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, 4 Units Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 811012022 City of Fayetteville Staff Review Form 2022-0691 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 7/29/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-0028: Rezoning (1466 N. GREGG AVE./REYNOLDS,406): Submitted by JS FENWICK PROPERTIES for property located at 1466 N. GREGG AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - FOUR UNITS PER ACRE and contains approximately 0.43 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE - TWELVE UNITS PER ACRE. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: July 29, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0028: Rezoning (1466 N. GREGG AVE./REYNOLDS,406): Submitted by JS FENWICK PROPERTIES for property located at 1466 N. GREGG AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - FOUR UNITS PER ACRE and contains approximately 0.43 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE - TWELVE 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 located roughly 150 feet northeast of the intersection of N. Gregg Avenue and W. Lawson Street. Two lots on the east side of N. Gregg Avenue encompass approximately 0.43 acres and make up the site. The properties are zoned RSF-4, Residential Single -Family, 4 Units per Acre, currently undeveloped, and covered by tree canopy. The property slopes from the east, down towards N. Gregg Avenue on its west at a consistent, approximately 15% grade. Duly, '/4 acre of the eastern extent of the property lies within the Hillside -Hilltop Overlay District. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility. Staff finds the request to be compatible with the surrounding mix of uses. The surrounding area includes a broad mix of residential densities and lot configurations. Rezoning to RI-12 expands the variety of housing types, ranging from single- up to four -family dwellings by -right. Cluster housing developments are also permitted by -right in RI-12 zoning where they are a conditional use in RSF-4. Staff finds the permitted increase in density is incremental and justified given the property's proximity to non-residential services and employment centers as well as its location along a prominent thoroughfare. Staff also finds that the bulk and area regulations are suitable and not out of context with the surrounding properties. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Single family developments are permitted the smallest lot size with 50-foot minimum widths and 5,000 square foot minimum areas. Two-family dwellings have the same minimum lot width but require an additional 2,260 square feet in area, and three-family dwellings and above require 90- foot lot widths and 10,890 square foot lots. Likely due, in part, to steep topography, nearby properties do not have a common lot and block configuration. Given the slope to the east, staff does not find that 3-story buildings would be out of scale with the surrounding context, nor would the rezoning allow structures to be built at a greater height than what is allowed in the current RSF-4 zoning district. The inclusion of a build -to -zone with the RI-12 zoning district also requires that buildings address N. Gregg Avenue which promotes walkability and pedestrian friendliness along a street lacking comfortable amenities. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RSF-4 to RI-12 serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6 — Create Opportunities for Attainable Housing. The site scores moderate to high on the Infill Scoring Matrix. The proposed rezoning would locate additional residential density on a property with ready access to basic development needs such as water and sewer. The property is also proximate to groceries and two City parks. RI-12 aligns with Goal #4 in that it is situated between two significant employers, the veteran's hospital to the east and the University of Arkansas main campus less than a mile south, as well as the nearby transit route and trail. The proposed zoning district also allows a range of single- to four -family dwellings. Allowing diverse housing options may provide more affordable options than a strictly single-family development. The future land use map designates the site as a City Neighborhood Area on the west along N. Gregg Avenue and a Residential Neighborhood area towards the eastern extents. Increased density along a Neighborhood Link Street reflects the urban transect where added density along N. Gregg Avenue transitions to predominantly single family uses up the hill and to the east towards N. Woolsey Avenue. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 6-8 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #2, 708 N. Garland Avenue) • Near Sewer Main (8" sewer main, N. Gregg Avenue) • Near Water Main (8" water main, N. Gregg Avenue) • Near Grocery Store (Harps, 1189 N. Garland Avenue) • Near City Park (Wilson Park, Gregory Park) • Near Paved Trail (Scull Creek Trail) • Near Razorback Bus Stop (Route 26 Non Peak, N. Leverett Avenue) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the July 25, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner Brink seconded. Commissioner Madden mentioned support for the rezoning though wished to have clearer distinction between RI-12 and RI-U. Commissioner Johnson agreed. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-0028 Close Up View MARTHA DR 1-1 Neighborhood Link Residential Link Hillside -Hilltop Overlay District r _ Planning Area _ Fayetteville City Limits 1466 N GREGG AVE 0 a W C9 0 75 150 Subject Property 12 Feet 300 1:2,400 E' :AWSOWS 450 600 'J& NORTH Zoning Acres RI-12 0.4 Total 0.4 EXHIBIT 'B' RZN-2022-0028 Part of Lot 1, Seamster Place, to the City of Fayetteville, Arkansas, as shown in Plat Record Book 4 at Page 151 on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, described as: Beginning at a point which is 15.26 feet East of the NW corner of said Lot 1; and running thence South 06°00' West along the East right of way of Gregg Street 108.59 feet; thence Ease 96.10 feet; thence North 58.00 feet; thence East 170.00 feet; thence North 50.00 feet; thence West 254.74 feet to the Point of Beginning, containing 0.42 acres, more or less. Subject to easements, rights -of -ways, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases, if any. CITY OF I FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: July 25, 2022 (Updated with Planning Commission Results) SUBJECT: RZN-2022-0028: Rezoning (1466 N. GREGG AVE./REYNOLDS,406): Submitted by JS FENWICK PROPERTIES for property located at 1466 N. GREGG AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - FOUR UNITS PER ACRE and contains approximately 0.43 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE - TWELVE UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2022-0028 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-0028 to City Council with a recommendation of approval." BACKGROUND: The subject property is located roughly 150 feet northeast of the intersection of N. Gregg Avenue and W. Lawson Street. Two lots on the east side of N. Gregg Avenue encompass approximately 0.43 acres and make up the site. The properties are zoned RSF-4, Residential Single -Family, 4 Units per Acre, currently undeveloped, and covered by tree canopy. The property slopes from the east, down towards N. Gregg Avenue on its west at a consistent, approximatly 15% grade. Duly, 114 acre of the eastern extent of the property lies within the Hillside -Hilltop Overlay District. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Two -Family Residential RI-U, Residential Intermediate -Urban/ RMF-24, Residential Multi -Family, 24 Units per Acre South Single- and Two -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre/RI- 12, Residential Intermediate, 12 Units per Acre East Single -Family Residential/Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre West Single- and Two -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: Staff has not received any public comment on this item. Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 1 of 14 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Gregg Avenue. N. Gregg Avenue is a partially -improved Neighborhood Link Street with asphalt paving, curb and gutter, and sidewalk located at the back of curb. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present on the west side of N. Gregg Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present in the center of N. Gregg Avenue. Fire: Station 2, located at 708 N. Garland Avenue protects this site. The property is located approximately one mile from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 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 expressed no concerns with this request. Drainage: A portion of the property is within the Hillside -Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. There are no protected streams present in the subject area, not does any of the subject property lie within a FEMA floodplain, nor are there any hydric soils present on the site. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RI-1 2, Residential Intermediate, 12 Units per Acre requires 20% minimum canopy preservation. The current zoning district of RSF- 4, Residential Single -Family, 4 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 a Residential Neighborhood Area and City Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 2 of 14 the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non- residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6=8 for this site, with a weighted score of 9_5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #2, 708 N. Garland Avenue) • Near Sewer Main (8" sewer main, N. Gregg Avenue) • Near Water Main (8" water main, N. Gregg Avenue) • Near Grocery Store (Harps, 1189 N. Garland Avenue) • Near City Park (Wilson Park, Gregory Park) • Near Paved Trail (Scull Creek Trail) • Near Razorback Bus Stop (Route 26 Non Peak, N. Leverett Avenue) • Appropriate Future Land Use (City Neighborhood Area) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the request to be compatible with the surrounding mix of uses. The surrounding area includes a broad mix of residential densities and lot configurations. Rezoning to RI-12 expands the variety of housing types, ranging from single- up to four -family dwellings by - right. Cluster housing developments are also permitted by -right in RI-12 zoning where they are a conditional use in RSF-4. Staff finds the permitted increase in density is incremental and justified given the property's proximity to non-residential services and employment centers as well as its location along a prominent thoroughfare. Staff also finds that the bulk and area regulations are suitable and not out of context with the surrounding properties. Single family developments are permitted the smallest lot size with 50-foot minimum widths and 5,000 square foot minimum areas. Two- family dwellings have the same minimum lot width but require an additional 2,260 square feet in area, and three-family dwellings and above require 90- foot lot widths and 10,890 square foot lots. Likely due, in part, to steep topography, nearby properties do not have a common lot and block configuration. Given the slope to the east, staff does not find that 3-story buildings would be out of scale with the surrounding context, nor would the Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 3 of 14 rezoning allow structures to be built at a greater height than what is allowed in the current RSF-4 zoning district. The inclusion of a build -to -zone with the RI-12 zoning district also requires that buildings address N. Gregg Avenue which promotes walkability and pedestrian friendliness along a street lacking comfortable amenities. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RSF-4 to RI-12 serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6 — Create Opportunities for Attainable Housing. The site scores moderate to high on the Infill Scoring Matrix. The proposed rezoning would locate additional residential density on a property with ready access to basic development needs such as water and sewer. The property is also proximate to groceries and two City parks. RI-12 aligns with Goal #4 in that it is situated between two significant employers, the veteran's hospital to the east and the University of Arkansas main campus less than a mile south, as well as the nearby transit route and trail. The proposed zoning district also allows a range of single- to four -family dwellings. Allowing diverse housing options may provide more affordable options than a strictly single-family development. The future land use map designates the site as a City Neighborhood Area on the west along N. Gregg Avenue and a Residential Neighborhood area towards the eastern extents. Increased density along a Neighborhood Link Street reflects the urban transect where added density along N. Gregg Avenue transitions to predominantly single family uses up the hill and to the east towards N. Woolsey Avenue. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to RI-12; including diversifying the mix of residential uses along a Neighborhood Link Street, allowing varied lot sizes, and bringing incremental density to the site while aligning with the future land use map. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-12 has an associated potential to increase traffic at this location above the potential of the current zoning district, though the impact is not expected to be detrimental to danger and congestion. Staff finds the 0.43 acre lot area will serve to limit the amount of additional traffic to a level that is safe and appropriate for a property that will likely have a single access point onto N. Gregg Avenue. Nearby access to trails and transit stops also offer alternative modes that would help to offset traffic effects associated with an increase to the number of dwelling units at this location. Any new development would also be required to improve the property's frontage to the 2040 Master Street Plan requirements, including 10-foot greenspaces and 8-foot sidewalks, which staff finds would complement the non -motorized transportation network by incrementally improving pedestrian comfortability. Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 4 of 14 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RI-12 would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2022-0028. PLANNING COMMISSION ACTION: Required YES Date: July 25, 2022 Motion: Winston Second: Brink Vote: 7-0-0 BUDGET/STAFF IMPACT: None O Tabled [A Forwarded recommending approval O Denied Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre o §161.11 District RI-12, Residential Intermediate — 12 Units per Acre • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 5 of 14 161.07 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 Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 6 of 14 Building Height Maximum 1 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. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 7 of 14 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development 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 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 square 7,260 square 10,890 square minimum feet feet feet. (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 8 of 14 * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 9 of 14 JS Fenwick Properties LLC. 1901 Boston St. Fort Smith, AR 72901 May 24, 2022 Dear, City of Fayetteville I, Matthew Scott, on behalf of JS Fenwick Properties intend to adjust parcel numbers 765-10592-000 and 765-10593-000 located on N Gregg Ave from current zoning of RSF-4 (Residential Single -Family) to RI-12 (Residential Intermediate). This zoning is compatible and consistent with the surrounding zoning of said location. The zoning of the neighboring properties located directly south (RI-12) and the land located directly north (RI-U) are both high -density and therefore compatible with the proposed zoning. The location is also complementary with the future land use plan of Fayetteville as a City Neighborhood. This rezone will not negatively affect the surrounding neighborhoods or areas as the intended use is consistent with the surrounding location. Sincerely, Matthew Scott Planning Commission July 25, 2022 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 10 of 14 RZN-2022-0028 1466 N GREGG AVE One Mile View N 0 RT H I 0 0.13 0.25 0.5 Miles R-O R-A — — — — — — L — — — — — I_AML CS Z Qa � RPZD 0 z aQ - SYCAMORE�ST� Subject Propert� w ' Q I RSF-4 - 10 � a � � ■� C-1 �� V -G NORTH, T u1 . - Q NC W J UT p' W I I CLEVELAND ST t Zoning General lntluatriel iiiiiiiii Neighborhood Link --- RESIDENTIAL SINGLE-FAMILY EXTRACTION NS-G 11 Regional Link - High Activity _ _ _ _ - - - - - - RI-u COMMERCIAL RI-12 ResltleniiaFOfice Unclassified DNS-L Gi _ �ResltleMlal-�rialW21 ��-2 Alley --- Elr- RSF-s Ica RSF-1 FORM BASED DISTRICTS Residential Link - Rs11 �Go —ncare RSF-0 ukan Tnamugnrara Shared -Use Paved Trail RSF-] ..in Si —Center RSF-S Gowniown General RSF-18 �Communiry Services — — Trail (Proposed) ' RESIDENTIAL MULTI -FAMILY NeigbborM1ooa services Q RMF-S NeigM1borM1ootl _ Canse m— _ I Design Overlay District _ _ _ - RMF-12 PLANNED ZONING DISTRICTS r r Intluslnal, Resltlentlal Fayetteville City Limits ; Planning Area — _ RMF-2a INSTITUTIONAL RMF-00 _P1 Planning Area No p Fayetteville City Limits _ _ _ Commissi n OQ12 Agenda Item 14 RZN-2022-0028(REYN O LDS ) Page 11 of 14 RZN-2022-0028 Close Up View MARTHA DR 1-1 Neighborhood Link Residential Link Hillside -Hilltop Overlay District r _ Planning Area _ Fayetteville City Limits 1466 N GREGG AVE 0 a W C9 0 75 150 Subject Property 12 Feet 300 1:2,400 E' :AWSOWS 450 600 z 'J& NORTH Zoning Acres RI-12 0.4 Total 0.4 Planning Comm Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 12 of 14 Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 13 of 14 RZN-2022-0028 Future Land Use 1466 N GREGG AVE 1� 1a I zIFi,�r-M P IL I vl i E � --- - - - - -- SYCAMORE ST W a 4 40 a = F ' v 41 Z t MU,�J J ■ MOANQ 1 > > ff O a i L z i ct-— CE ST J �., MARTHA DR Subject Property 1 , M N I i - i L ORTH R�� IF •. TROUT -DR \' ; �V W = I • ° �► �' ' �� ■ o RAINBOWS ,; m �IV � A I 0 L-AWSON LST BREEZE CV .'OJLBECK-DR V X, N DR LU ' �� • i ■ ■ O z Residential W W F- Neighborhood W'Q a z z > ' HOLLY-ST City Neighbor h�d ; � 1 Q 7 p w 1b Z W W J PATRICIA,LN--,z °■ _LU i �� > _ W � Z , • Q Non -Municipal Of 1 _' �' .�. Government Civic and Private Open Space Neighborhood Link ■ City Neighborhood Regional Link -High Activity Civic Institutional Civic and Private Open Space Unclassified Industrial Residential Link Feet Natural Ir Planning Area 0 145 290 580 870 1,160 Non -Municipal Government Residential Neighborhood Fayetteville City Limits Rural Residential - - - Trail (Proposed) 1:4,800 Urban Center Planning Commis Agenda Item 14 RZN-2022-0028(REYNOLDS) Page 14 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0695 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.7 APPEAL RZN 22-029 (1678 W. PALMER PL./RICH): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-029 LOCATED AT 1678 WEST PALMER PLACE IN WARD 1 FOR APPROXIMATELY 0.35 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, 4 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 811012022 ECEIIVED WILLIAM P. WATKINS, III, P.A. RONALD L. BOYER, P.A. JENNIFER E. GRAY, P.A.' ANDREW T. CURRY, P.A. WILLIAM A. KELLSTROM JOHN E. JENNINGS (OF COUNSEL) * ALSO LICENSED IN MISSOURI Fayetteville City Clerk 113 W Mountain Street Room 308 Fayetteville, Arkansas 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW 4 � 0 WRITER'S DIRECT E-MAIL wkcllstrom@watkinslawofficc.com July 27, 2022 RE: Appeal of Planning Commission Denial of RZN-2022-0029 Dear Ms. Paxton: JUL 27 2022 CITY C= ,FAWETilE`1UZ CITE' C.LFRASU CE DELYNN HALE, SECRETARY AMY BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER My name is Will Kellstrom and I have been retained by Jeff Rich ("Applicant") to represent him with respect to the abovementioned rezone project in Fayetteville. The rezoning request was a request to rezone Washington County Parcel No. 765-07422-000 from RSF-4 to RI-U. The request was heard at the July 251h, 2022 Planning Commission meeting. At that meeting, a motion to recommend the rezoning to City Council received a 2-6 vote, and therefore, was denied. The purpose of this letter is to appeal that decision. The grounds of appeal are set forth below: (1) Compatibility of RI-U With Singly Family Development The Planning Commission denied the rezoning request primarily on grounds that the density and housing types allowed by RI-U would be potentially incompatible with the single-family homes on W. Palmer Place. However, the RI-U zoning designation is defined in the Fayetteville UDC as follows: "(A)Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living." Fayetteville UDC § 161-12 (emphasis added). The stated purpose of RI-U is to provide housing that is compatible in scale with single-family homes. In other words, the RI-U zoning designation, by its very definition, is designed to be compatible with single-family homes, and for that reason, is compatible with single family homes. The Planning Commission failed to consider this in their decision. 1106 WEST POPLAR STREET REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY PH: 479-636-2168 CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT FX: 479-636-6098 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION WWW.WATKINSLAWOFFICE.COM CIVIL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION Appeal of RZN-2022-0029 Page 2 (2) Potential Density In addition, the Planning Commission based their decision, at least in part, on the fact that RI- U has a density limit of "none". When considering required parking, tree preservation, drainage, and right-of-way dedication, it becomes a mathematical and physical impossibility to exceed a certain number of units. In other words, the density is not unlimited —there is a real, physical and practical cap on the number of units which could be built. The fact that there are practical limitations on density was stated by the Applicant at the meeting, and was noted in the staff report, but was not considered by the members of the Planning Commission who voted against the item. Thank you for considering this appeal. If you have any questions please feel free to contact me at 479-636-2168 or at wkellstrom &watkinslawoffice.com. Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC /s/ Will A. Kellstrom Will A. Kellstrom WK: PC: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: July 29, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0029: Rezoning (1678 W. PALMER PL./RICH,521): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 1678 W. PALMER PL in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY - FOUR UNITS PER ACRE and contains approx. 0.35 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE URBAN. RECOMMENDATION: City Planning staff recommends approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. Planning Commission recommends denial of the request. BACKGROUND: The subject property is in south Fayetteville, situated between the University of Arkansas campus and the south slope of Markham Hill. It is roughly '/4 mile southwest of the intersection of W. Center Street and S. Razorback Road. The property is zoned RSF-4, Residential Single -Family 4 Units per Acre and contains approximately 0.35 acres. An approximately 1,300 square foot single-family dwelling built in 1976 currently occupies the property. The site slopes from a high point near the northwest corner, down to the southeast corner at a consistent, approximately 14% grade. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-U, Residential Intermediate -Urban. Public Comment: One member of the public spoke in opposition to the request at the Planning Commission meeting on July 251". Their comments suggested the rezoning is out of scale with the surrounding uses and thereby degrade the character of the established neighborhood, lessen tree preservation requirements, and that the quality of the street infrastructure was not prepared to handle the intensity of development. Land Use Compatibility. Staff finds the request to be mostly compatible with the surrounding mix of uses. The surrounding area includes a mix of residential dwelling types and a variety of lot configurations. Rezoning to RI-U expands the variety of permitted housing types, ranging from Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 single- up to four -family dwellings by -right. Cluster housing developments are also permitted by - right in RI-U zoning where they are a conditional use in RSF-4. Immediately surrounding properties are developed with single-family, townhouse, and multi -family dwellings. Staff finds an increase in density to be appropriate at this location, though recognizes the unlimited density maximum associated with RI-U zoning may present issues. The property is situated near the University of Arkansas campus, proximate to the Markham Hill walking trails, restaurants, and retail along W. Martin Luther King Jr. Boulevard, less than '/z mile to the south. Rezoning would require structures to be built at the same, or lesser height than what is currently allowed in the RSF-4 zoning district. The inclusion of a build -to -zone with the RI-U zoning district also requires that buildings address the public street which promotes walkability and pedestrian friendliness. On the other hand, staff finds the bulk and area regulations in RI-U zoning represent a considerable increase in the development potential of the site. Staff finds the requested zoning district may be out of character with the lot and block configuration on the surrounding properties, especially in the established neighborhood to the north. To the south and east many lots range from 30 to 40 feet, are .10 to .15 acres in size and developed with townhomes. Single-family lots in the neighborhood to the north generally have roughly 100-foot widths and are about 1/3 of an acre in size. Dwellings in RI-U require a minimum lot width of 18 feet and have no minimum lot area. The property is a corner lot with nearly 250 feet of street frontage. Development on the property would be limited by required parking, tree preservation, and stormwater drainage. On the balance of considerations staff is supportive of the rezoning request. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RSF-4 to RI-U serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Grow a Livable Transportation Network, and 6 — Create Opportunities for Attainable Housing. The site has a moderate infill score of 7 which indicates the current RSF-4 zoning may no longer represent the property's highest and best use. The proposed rezoning would locate additional residential density on a property with ready access to basic development needs such as water, sewer, and fire access. Nearby access to other non-residential uses supports the site being characterized as infill. The University of Arkansas campus within walking distance to the east in addition to nearby transit route and trail amenities offer opportunities for non -motorized transportation. Allowing a range of single- to four - family dwellings may also contribute towards more affordable housing options beyond what is allowed with a strictly single-family neighborhood. The future land use map designates the site as a Residential Neighborhood area. Increased density and diversity in housing types align directly with what the designation is intended to encourage. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 7 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: Adequate Fire Response (Station #6, 990 S. Hollywood Avenue) Near Sewer Main (8" sewer main, W. Palmer Place) Near Water Main (12" water main, S. Hartman Avenue; 2.25" water main, W. Palmer Place) • Near Public School (Ramay Junior High School) • Near City Park (Hotz Park) • Near Paved Trail (Mitchell Street Marked Shared Roadway; Razorback Road Marked Shared Roadway; Razorback Road Side -Path Trail) • Near Razorback Bus Stop (Route 44 Non Peak, W. Nolan Richardson Drive; Route 48 Non Peak, S. Garland Avenue) DISCUSSION: At the July 25, 2022, Planning Commission meeting, a motion to forward the item with a recommendation of approval failed by a vote of 2-5-0. Commissioner Canada made the motion and Commissioner Brink seconded. Commissioner Canada and Brink were in favor of the request. Commissioner Canada supported the opportunity to introduce a variety of housing types and felt the density was appropriate. Commissioner Brink said he was inclined to support missing middle housing and felt other development regulations would serve to limit intensity to an appropriate level. Commissioner Madden was opposed to the rezoning. She questioned if the development pattern under RI-U aligned with what was intended for the area and worried about compatibility if future development attracted non -owner -occupied residents. Commissioner Johnson agreed and felt the request would be more appropriate one block to the south where the development pattern is appreciably different. One member of the public spoke at the meeting. Their comments are summarized above. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-0029 Close Up View G z Q 1678 W PALMER PL CENTER-ST I W a W J Subject Property a NETTLESHIP,ST RMF-24 no BEDFORD LOOP Institutional Master Plan Unclassified Residential Link Hillside -Hilltop Overlay District r _ Planning Area _ Fayetteville City Limits > MAINE•ST Q fn W J Feet 0 75 150 300 1:2,400 W a Z d' W IH U) Q W 450 600 W a Q x Q 0 Zoning Acres RW 0.3 Total 0.3 ST LEGAL DESCRIPTION Lot 1, Block 2, Leflar's Addition to the City of Fayetteville, Arkansas as per Plat on file in the office of the Circuit Clerk and Ex-Officio Recorded of Washington County CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: July 25, 2022 SUBJECT: RZN-2022-0029: Rezoning (1678 W. PALMER PL./RICH,521): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 1678 W. PALMER PL. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY - FOUR UNITS PER ACRE and contains approx. 0.35 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2022-0029 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-0029 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville, situated between the University of Arkansas campus and the south slope of Markham Hill. It is roughly '/4 mile southwest of the intersection of W. Center Street and S. Razorback Road. The property is zoned RSF-4, Residential Single -Family 4 Units per Acre and contains approximately 0.35 acres. An approximately 1,300 square foot single-family dwelling built in 1976 currently occupies the property. The site slopes from a high point near the northwest corner, down to the southeast corner at a consistent, approximately 14% grade. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-FamilyResidential RSF-4, Residential Single -Family, 4 Units per Acre Single -Family Residential/Multi-family RSF-4, Residential Single -Family, 4 Units per South Residential Acre/RMF-24, Residential Multi -family, 24 Units per Acre East Sinqle-Family Residential RSF-4, Residential Single -Family, 4 Units er Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment on this item. Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along the south side of W. Palmer Place and the east side of S. Hartman Avenue. Both are partially improved Residential Link Streets. S. Hartman Avenue has a roughly 24-foot asphalt paved width, curb and gutter, and no sidewalks. W. Palmer Place has a roughly 20-foot asphalt paved width, open ditches, and no sidewalks. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 12-inch water main is present on the north side of S. Hartman Avenue and a 2.25-inch water main is present on the north side of W. Palmer Place. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present in the center of W. Palmer Place. Fire: Station 6, located at 990 S. Hollywood Avenue protects this site. The property is located approximately 0.8 miles from the fire station with an anticipated drive time of approximately four minutes using existing streets. The anticipated response time would be approximately 6.2 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 expressed no concerns with this request. Drainage: A small portion of the property in the northwest corner is within the Hillside -Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. There are no protected streams present in the subject area, not does any of the subject property lie within a FEMA floodplain, nor are there any hydric soils present on the site. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, 4 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 a Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 2 of 15 neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #6, 990 S. Hollywood Avenue) • Near Sewer Main (8" sewer main, W. Palmer Place) • Near Water Main (12" water main, S. Hartman Avenue; 2.25" water main, W. Palmer Place) • Near Public School (Ramay Junior High School) • Near City Park (Hotz Park) • Near Paved Trail (Mitchell Street Marked Shared Shared Roadway; Razorback Road Side -Path Trail) • Near Razorback Bus Stop (Route 44 Non Peak, W Non Peak, S. Garland Avenue) FINDINGS OF THE STAFF Roadway; Razorback Road Marked Nolan Richardson Drive; Route 48 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 request to be mostly compatible with the surrounding mix of uses. The surrounding area includes a mix of residential dwelling types and a variety of lot configurations. Rezoning to RI- U expands the variety of permitted housing types, ranging from single- up to four -family dwellings by -right. Cluster housing developments are also permitted by -right in RI-U zoning where they are a conditional use in RSF-4. Immediately surrounding properties are developed with single-family, townhouse, and multi -family dwellings. Staff finds an increase in density to be appropriate at this location, though recognizes the unlimited density maximum associated with RI-U zoning may present issues. The property is situated near the University of Arkansas campus, proximate to the Markham Hill walking trails, restaurants, and retail along W. Martin Luther King Jr. Boulevard, less than % mile to the south. Rezoning would require structures to be built at the same, or lesser height than what is currently allowed in the RSF-4 zoning district. The inclusion of a build -to -zone with the RI-U zoning district also requires that buildings address the public street which promotes walkability and pedestrian friendliness. On the other hand, staff finds the bulk and area regulations in RI-U zoning represent a considerable increase in the development potential of the site. Staff finds the requested zoning district may be out of character with the lot and block configuration on the surrounding properties, especially in the established neighborhood to the north. To the south and east many lots range from 30 to 40 feet, are .10 to .15 acres in size and developed with Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 3 of 15 townhomes. Single-family lots in the neighborhood to the north generally have roughly 100-foot widths and are about 1/3 of an acre in size. Dwellings in RI-U require a minimum lot width of 18 feet and have no minimum lot area. The property is a corner lot with nearly 250 feet of street frontage. Development on the property would be limited by required parking, tree preservation, and stormwater drainage. On the balance of considerations staff is supportive of the rezoning request. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RSF-4 to RI-U serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Grow a Livable Transportation Network, and 6 — Create Opportunities for Attainable Housing. The site has a moderate infill score of 7 which indicates the current RSF-4 zoning may no longer represent the property's highest and best use. The proposed rezoning would locate additional residential density on a property with ready access to basic development needs such as water, sewer, and fire access. Nearby access to other non-residential uses supports the site being characterized as infill. The University of Arkansas campus within walking distance to the east in addition to nearby transit route and trail amenities offer opportunities for non -motorized transportation. Allowing a range of single- to four -family dwellings may also contribute towards more affordable housing options beyond what is allowed with a strictly single-family neighborhood. The future land use map designates the site as a Residential Neighborhood area. Increased density and diversity in housing types align directly with what the designation is intended to encourage. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to RI-U. Consistency with the Future Land Use Map and City Plan 2040's goals suggest a rezoning to a district that allows limited development at this location is suitable and justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds rezoning the property to RI-U carries an associated potential to increase traffic at this location. The impact, though is not expected to be detrimental in terms of danger and congestion. Staff finds the 0.35 acre lot area will serve to limit the amount of additional traffic to a level that is safe and appropriate. Nearby access to trails and transit stops also offer alternative modes that would help to offset traffic effects associated with an increase to the number of dwelling units at this location. Any new development would also be required to improve the property's frontage to the 2040 Master Street Plan requirements, including 6-foot-wide greenspaces and sidewalks, which staff finds would complement the non - motorized transportation network. 4. A determination as to whether the proposed zoning would alter the population density and Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 4 of 15 thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RI-U would increase the load on public services above the potential of the current zoning district. Staff finds that limitations such as residential parking, tree preservation, and stormwater drainage requirements would prevent the increase in density from becoming undesirable. Water and sewer are also available at this location, though extensions and improvement of services may be necessary if the lot were to be subdivided. Fayetteville Police and the Public School District did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2022-0029. PLANNING COMMISSION ACTION: Required YES Date: July 25, 2022 Motion: Second: Vote: O Tabled O Forwarded O Denied Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 5 of 15 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre o §161.12 District RI-U, Residential Intermediate — Urban • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 6 of 15 161.07 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 Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 7 of 15 Building Height Maximum 1 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. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 8 of 15 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development 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 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 9 of 15 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission July 25, 2022 Agenda Item 15 RZN-2022-0029(RICH) Page 10 of 15 WILLIAM P. WATKINS, IH, P.A. RONALD L. BOYER, P.A. JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WILLIAM A. KELLSTROM JOHN E. JENNINGS (OF COUNSEL) * ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com June 14, 2022 DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-07422-000 from SF4—Residential Single Family, Four (4) Units Per Acre to RI-U, Residential Intermediate —Urban Dear Planning Staff: My name is Will Kellstrom and I represent the applicant, Jeff Rich, with respect to this rezoning request. The applicant is requesting that Parcel No. 765-07422-000 (hereinafter "the Property"), be rezoned from S174—Residential Single Family, Four (4) Units Per Acre to RI-U, Residential Intermediate —Urban. The proposed rezoning will not unreasonably adversely conflict or affect the surrounding land uses. Currently, the property is bordered by RSF-4 to the East, West and North, and is adjacent to RMF- 24 zoning to the Southeast. Although it is only adjacent to RMF-24 on one side, nearly all properties on nearby Nettleship St. and Graham Ave. are zoned RMF-24. Rezoning the Property to RI-U would create a good transition from the higher density zoning and developments near Palmer Place into the lower - density neighborhood East of the football stadium. Moreover, because of the Property's proximity to the University, a gentle increase in density is appropriate. Lastly, re -zoning the Property to RI-U would allow for a greater variety of housing types within the neighborhood. Thank you for considering this request for rezoning. If you have any questions, please contact me at 479-636-2168 or at wkellstromna,watkinslawoffice.com. WK: PC: 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W. WATKrNSLAWOFFICE.COM Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC ls/ Will A. Kellstrom Will A. Kellstrom REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANK'R'FUPPTTCCY: CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, �.gl�InlO OMfT1155 on ESTATE PLANNING, ELDER LAW, PROBATE, UST I�yI TIM22 CIVIL LITIGATION, COMMERCIAL & CONSUMER DEB'G OLj,.ECTI9I5 RZN-20A222-0029(RICH ) Page 11 of 15 RZN-2022-0029 One Mile View 1678 W PALMER PL ORTH STrW 0 0.13 0.25 0.5 Miles ) D \ L R-A m RI-U \ \ \ \ RSF-4 I I I I RMF CZ Neighborhood Link Institutional Master Plan Regional Link - High Activity Freeway/Expressway Unclassified — Alley — Residential Link Shared -Use Paved Trail Trail (Proposed) i Design Overlay District Fayetteville City Limits Z Z Planning Area Subject Property ARTIN,LI UTHER KING JR BLVD Y / ITT R-O , � _ � / Q Pla<Lits _ _ _ Fay I-1 Zoning �I-2 General lnauatriel RESIDENTIAL SINGLE-FAMILY EXTRACTION RI-u COMMERCIAL ResltleniiaFOfice S-L li Ns-L � Gi �ResltleMlal-�aWIW21 g�G-2 RSF-.8 g�C3 RSF-1 FORM BASED DISTRICTS RSF-2 Gow—Core RSF4 uman-r—ghram RSF-] ..in... Center RSF-8 Osxniown General RSF-18 g�wmmanlry Services RESIDENTIAL MULTI -FAMILY Neighborhood services RMF-8 g� NeigM1borhootl Conservation �RMF-12 PLANNEDZONING DISTRICTS ii RMF-18 ii Commercial, Intloslnal, Resldentlal ii RMF-2a INSTITUTIONAL RMF-0o _P1 INDUSTRIAL Running Commissi I-1 Heavy Commevial-d Light Indus n 2 Agenda Item 15 RZN-2022-0029(RICH) Page 12 of 15 RZN-2022-0029 Close Up View G z Q 1678 W PALMER PL CENTER-ST I W a W J Subject Property a NETTLESHIP,ST RMF-24 no BEDFORD LOOP Institutional Master Plan Unclassified Residential Link Hillside -Hilltop Overlay District r _ Planning Area _ Fayetteville City Limits > MAINE•ST Q fn W J Feet 0 75 150 300 1:2,400 W a Z d' W H U) Q W 450 600 ST W a Q x Q 0 ,A& I NORTH Zoning Acres RW 0.3 Total 0.3 Planning Comm Agenda Item 15 RZN-2022-0029(RICH) Page 13 of 15 RZN-2022-0029 1678 W PALMER PL Current Land Use NORTH r F f K NrM Single -Family Residential FL a ' — fhfl if IflFllBfflrlFHCF4F!! a �, aM 1 s f ! W Subject Property ' . Y Single -Family Residential r N ;� F Single -Family Residential �F / fF 1 _ErF l�FM _ EticR�•. aF Ir J( it a I nst utional , t +t E a r yi F,r ^ r r Institutional Master Plan FEMA Flood Hazard Data Regional Link - High Activity 100-Year Floodplain Unclassified Feet Floodway Residential Link 0 112.5 225 450 675 900 r 'Planning Area Fayetteville City Limits 1:3,600 + Planning Corr n 2 Agenda Item 15 RZN-2022-0029(RICH) Page 14 of 15 RZN-2022-0029 1678 W PALMER PL Future Land Use A& N 0 RT H CO J� p' �S Cn LU -PRATT-OR q�„^ FR = ~ Q LN HOTZ-DR Residential a ' Neighborhood z M > f Q WAL-TON ST ' •I � � `, w _ ta MEADOW ST 1p D I z a 7 i ■ HASKELL-HTS— Subject Property CENTER ST ' ■ E PALM .P i � ■� � Q. m, .■ ,R row O' N' NETTLESHIP ST ' Q —HENSON HL--0 o ; IIIII. �. ■ MAINE ST v P■ ■r y'4N1 AVE ti NOLAN City i MAINE ST RICHARDSON DR Neighborhood , T R' FORD L� m w L z > W ' , 1 I STONE STD- j'Q w Non-MunicipalCn Government , ' z I, w Q J W ' '9S HVILLEE � TER J II NEPTUNE'ST ' a O— OCARLSON` (FIELD JpOP DR z— O MITCHELL-ST Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link r Planning Area Fayetteville City Limits — — — Trail (Proposed) Feet 0 145 290 580 :11 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 870 1,160 Residential Neighborhood Rural Residential Urban CenterPlanning Commis Agenda Item 15 RZN-2022-0029(RICH) Page 15 of 15 CityClerk From: CityClerk Sent: Tuesday, August 02, 2022 5:08 PM To: Will Kellstrom Cc: Pennington, Blake; Curth, Jonathan; Masters, Jessica; CityClerk Subject: RE: Appeal of RZN-2022-0029--Bill of Assurance Mr. Kellstrom, I will make sure to attach the Bill of Assurance you submitted to the packet for the City Council Agenda. Have a nice day. Thank you, Kim Johnson Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk(cDfayetteville-ar.gov Website I Facebook I Twitter I YouTube CITY OP quANNANIAN PAYETr■VILL■ From: Will Kellstrom <wkellstrom@watkinslawoffice.com> Sent: Tuesday, August 02, 2022 3:12 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Appeal of RZN-2022-0029--Bill of Assurance 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. Kara, Please find attached a proposed bill of assurance to go along with the appeal of RZN-2022-0029 to the City Council. I was hoping that this could be submitted with the packet to go to City Council for their August 16th Meeting, or at least emailed to them in advance of the meeting so that they can consider it along with the appeal. Please let me know if you need anything else on this. Thanks, Will A. Kellstrom Watkins, Boyer, Gray & Curry, PLLC 1106 W. Poplar Rogers, AR 72756 479.636.2168 You are advised that (1) communication via e-mail is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers as it is sent from sender to recipient, (3) persons not participating in our communication may intercept our communications by improperly accessing your or my computer or some computer unconnected to either of us which the e-mail passes through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you do not want communication by e-mail, please advise me. CONFIDENTIALITY NOTICE: THIS ELECTRONIC MAIL TRANSMISSION AND ANY DOCUMENTS ACCOMPANYING IT CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER THAT IS PROTECTED BY THE ATTORNEY CLIENT PRIVILEGE. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR THE RETURN OF THE MESSAGE AND ANY ATTACHED DOCUMENTS BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, Jefferey David Rich and Amy Lynn Farmer (hereinafter "Petitioner"), and hereby voluntarily offer this Bill of Assurance and enter into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following Use Units under the Fayetteville Unified Development Code: Unit 8 —Single-family dwellings Unit 9 —Two (2) family dwellings 2. Other restrictions including number and type of structures upon the property are limited as follows: The Petitioner shall not construct more than four (4) dwelling units on the Property, nor shall petitioner subdivide the Property into more than four individual lots. 3. Specific activities which will not be allowed upon petitioner's property include the following: The Petitioner shall not construct any Accessory Dwelling Units on the Property as would be allowed under Fayetteville Unified Development Code § 164.19. 4. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, we, Jeffery David Rich and Amy Lynn Farmer, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. [SIGNATURE PAGES TO FOLLOW] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Date .a 1-13 W. 4�F,. � S� Address F� � v1' le, 42 STATE OF ARKANSAS COUNTY OF GARLAND Je ey avid Rieh Signature NOTARY OATH And now on this the . day of , 2022, appeared before me, Jeffery David Rich, a Notary Public, and after being placed upon his oath swore or affirmed that he agreed with the terms of the above Bill of Assurance and signed his naive above. My Commission Expires: e NOTARY PUBLIC _A WILL KELLSTROM Notary Public - Arkansas Garland County Commission # 12704949 My Commission Expires Aug 29, J2028 ,kfl t zz- Date 2413 Address Amy Lynn Farmer Signature NOTARY OATH STATE OF ARKANSAS } COUNTY OF GARLAND } s� And now on this the day of v2022, appeared before me, Amy Lynn Farmer, a Notary Public, and after being placed upon her oath swore or affirmed that she agreed with the terms of the above Bill of Assurance and signed her name above. My Commission Expires ��- otgr--;� NOTARY PUBLIC WILL KELLSTROM Notary Public - Arkansas Garland County Commission # 12704949 My Commission Expires Aug 29,J2028 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0718 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: 1. JOHNSON CONTROLS INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $4,448,399.00, TO AUTHORIZE MAYOR JORDAN TO NEGOTIATE AND SIGN AGREEMENTS WITH THE ADVERTISING & PROMOTION COMMISSION AND THE FAYETTEVILLE PUBLIC LIBRARY FOR THE PAYMENT OF THEIR RESPECTIVE PROJECT COSTS, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on January 2, 2018, the City Council adopted an Energy Action Plan by Resolution 25-18 to build a policy, program, and project framework and initiate action for Fayetteville's efforts to be a resource and energy efficient community; and WHEREAS, Ark. Code Ann. § 14-164-801, et seq, provides the authority for cities to enter into guaranteed energy cost savings contracts in order to reduce energy consumption or operating costs of government facilities; and WHEREAS, on February 18, 2021 the City Council approved Resolution 64-21 authorizing Mayor Jordan to sign a Project Development Agreement with Johnson Controls, Inc. to conduct an Energy Audit and to identify potential energy and cost saving measures for City facilities; and WHEREAS, approval of the Energy Savings Performance Contract will authorize Johnson Controls to begin executing 84 energy efficiency upgrades across 47 City -owned buildings as well as the Fayetteville Public Library and Fayetteville Advertising & Promotion Commission; and WHEREAS, the fully scoped Energy Savings Performance Contract price is $8,087,014; however, the City has elected to remove certain projects at City Hall, the Police Headquarters, the Town Center, and the Fayetteville Public Library at this time for a revised project cost of $4,448,399.00; and WHEREAS, the upgrades are expected to produce $3,990,724.00 in savings over 20 years, reduce energy consumption by 27%, and increase the city's clean energy percentage to 75%; and WHEREAS, the contract scope of work may be expanded upon City Council approval of a change order to include improvements to the Town Center and Fayetteville Public Library, contingent on the successful City of Fayetteville, Arkansas Page 1 Printed on 811012022 File Number: 2022-0718 negotiation of reimbursement terms with the A&P Commission and the Fayetteville Public Library Board of Trustees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign an Energy Savings Performance Contract with Johnson Controls Inc., a copy of which is attached to this Resolution, in the amount of $4,448,399.00 to implement energy efficiency upgrades in City facilities. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to negotiate and sign agreements with the Fayetteville Advertising & Promotion Commission and the Fayetteville Public Library to provide for the payment of costs associated with energy efficiency upgrades at properties under the control of those governing bodies. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 2 Printed on 811012022 Chris McNamara City of Fayetteville Staff Review Form 2022-0718 Legistar File ID 8/16/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item SUSTAINABILITY/RESILIENCE (631) Submitted By Submitted Date Division / Department Action Recommendation: 7/28/2022 Staff recommends approval of an Energy Savings Performance Contract (RFQ 20-06) with Johnson Controls Inc. (JCI) in the amount of $4,448,399.00 and approval of budget adjustment. Budget Impact: Various Various Account Number Fund 15009.2022.xxxx Bldg Efficiency Improvements / Energy Savings Performance Contract (ESPC) Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 235,411.00 235,411.00 $ 4,448,399.00 $ 4,212,988.00 5 V20210527 Previous Ordinance or Resolution # Res #64-21 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 16T", 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Wade Abernathy, Director of Bond Projects and Facilities Peter Nierengarten, Environmental Director FROM: Chris McNamara, Sustainability Project Manager DATE: August 8th, 2022 SUBJECT: Energy Savings Performance Contract with Johnson Controls Inc. RECOMMENDATION: Staff recommends approval of an Energy Savings Performance Contract (RFQ 20-06) with Johnson Controls Inc. (JCI) in the amount of 4 448 399, approval of budget adjustments relevant to this project, and approval to enter into agreements with the Advertising & Promotion Commission and the Fayetteville Public Library for energy improvements. Approval of this contract will begin the implementation phase of the Energy Savings Performance Contract (ESPC). In this phase, JCI will execute 84 energy efficiency upgrades across 47 City -owned buildings. The ESPC will cost $4,448,399, produce $3,990,724 in savings over 20 years and reduce energy consumption by 27%. The completion of these energy upgrades in City -owned buildings will increase the city's clean energy percentage to 75%. BACKGROUND: In 2018 City Council passed the Energy Action Plan which detailed goals and actions to reduce the City's greenhouse gas (GHG) emissions and improve resilience to climate change impacts. Two goals established in the plan were achievement of 3% annual reduction in overall energy usage by total building stock, and achievement of 100% local government clean energy by 2030. Since the passage of the Energy Action Plan the energy use at City government buildings has increased an average of 5% annually while the City's clean energy portfolio has increased from 16% to 72%. In the fall of 2019 City staff identified Energy Savings Performance Contracts (ESPC) as a cost- effective funding mechanism that includes legally binding performance guarantees. Through this State of Arkansas legislatively enabled program, local governments can fund energy savings improvements through the future cost savings generated by the improvements. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 In May 2020 the City advertised RFQ 20-06, Guaranteed Savings Performance Contracting Services, to solicit responses from companies interested in using the ESPC funding mechanism to implement energy efficiency projects and received four responses. Johnson Controls, Inc (JCI) was the selected respondent and in February of 2021 the City Council approved the Project Development Agreement with JCI which began the energy audit of 250 buildings, parks, lights, and other assets. In November 2021, JCI presented the initial findings of its energy audit and over the next six months City staff narrowed the scope of projects to 84 viable energy efficiency improvements. DISCUSSION: The fully scoped ESPC contract price is $8,087,014. However, the City has elected to take deductions by eliminating projects at City Hall, existing Police HQ, Town Center and Library. The project cost after exercising these deductive alternatives will be 4 448 399. Details of the total project cost and the deductive alternatives are found in Schedule 4 of the contract. The City, A&P Commission and Library are negotiating reimbursement terms for the costs of projects at their respective buildings. If a reimbursement agreement is made, then those projects will be brought forward for inclusion and for City Council approval via a change order. JCI is extending a 60 day cost containment period in which the Town Center and Library projects can be included at the current pricing listed in the contract. Ultimately, the ESPC will generate $3,990,724 in savings over 20 years with $2,801,844 of those savings legally guaranteed and tracked through a 10 year measurement and verification agreement with JCI. The ESPC will also address deferred maintenance projects, such as 45 HVAC system improvements. This will reduce staff time and department budgets required for repairs and maintenance. The 84 energy efficiency upgrades detailed in this contract will reduce energy consumption at city buildings by 27%. If all four rooftop solar arrays are included in this project it will add over half a megawatt of solar production and (3%) to City's cleaning energy portfolio, bringing it from 72% to 75%. The reduction in energy consumption and additional clean energy generation will reduce City government greenhouse gas emissions by 1,404 metric tons annually. This is equal to 1,663 acres of US forest persevered annually. The energy efficiency improvements included in this contract will include upgrades to: • LED lighting upgrades, • Replacement of aging HVAC systems, • Installation of building automation controls for monitoring and management of building HVAC systems, • Application of building weatherization measures like insulation and weather stripping, • Installation of water conservation through low -flow faucets and toilets, and • Installation of rooftop solar arrays. The full list of buildings and their improvements in the contract are detailed in Attachment 10: Rooftop solar arrays will be located on the Recycling and Trash Center, New Police Headquarters, and possibly the Town Center, and Fayetteville Public Library. The solar arrays on the Town Center and Library are contingent upon negotiations between the City, A&P Commission and Fayetteville Public Library and subsequent board approvals from the A&P Commission and Fayetteville Public Library Board. The attached Performance Contract details the legal agreements between the City and JCI including; the scope of work, performance guarantees, City responsibilities, and price and payment terms. Attachments 1 through 4 detail the process for initiation, change, and completion of the project. Attachments 5 through 9 detail the energy savings models for each individual improvement measure. Attachment 10 is the list of all City buildings that will receive improvement measures and Attachment 11 is summary page of the ESPC project. BUDGET/STAFF IMPACT: The Administration recommends internally financing this project using Fayetteville fund reserves. This will allow the City to begin realizing the energy saving projects quickly, thereby avoiding inflationary cost increases. It will also avoid the interest and administrative costs associated with debt financing. Below is the breakdown of department/division fund reserves that will be used to pay for the ESPC: Johnson Controls- Energy Savings Performance Contracts (ESPC) Funding PROJECTAREA TOTAL COST Project.Sub GLACCOUNT'S General/Other 1,805,104 15409.2422.14DD 4479.531.3940-5&44.44 General/M&V 407,092 15009.2022.1010 4470.631.9900-5904.00 Police 603,542 15409.2022.1244 4470.631.3940-5&44.44 Fire 436,167 15009.2022.1300 4470.631.9900-5904.00 Transportation 104,676 15409.2022.2144 2100.410.5500-59M.44 Water & Sewer 577,379 15009.2022.5400 5400.720.1840-5804.00 Recycling& Trash 432,204 15DD9.2D22.55DD 5500.750.5DS0-5904.0D Fleet 92,245 15009.2022.9700 9700.770.1-920-5804.00 4,449, 399 The A&P Commission and the Fayetteville Public Library will reimburse the General Fund for their respective project costs, contingent on reimbursement agreement and approval by their respective boards. Attachments: Energy Savings Performance Contract - JCI Attachment 1 — Notice to Proceed Attachment 2 — Change Order Attachment 3 — Certificate of Substantial Completion Attachment 4 — Certificate of Final Completion Attachment 5 — Lighting Scope and Savings Calculations Attachment 6 — Water Conservation Domestic Fixture Line -by -Line Attachment 7 — Building Envelope Scope Line -by -Line Attachment 8 — Detailed Savings Calculations (FIMs 2, 3, 5, & 6*) Attachment 9 — Solar Helioscope Models Attachment 10 — ESPC - Selected Facilities for FIMS Attachment 11 — ESPC - Summary Page Attachment 12 — 64-21 RESOLUTION 4 PERFORMANCE CONTRACT This Performance Contract (this "Agreement") is made this day of 120 between: Johnson Controls, Inc. ("JCI") 10600 Colonel Glenn Road, Ste. 200 Little Rock, AR 72204 and City of Fayetteville Arkansas ("City") 113 West Mountain Street Fayetteville, AR 72701 PARTIES RECITALS WHEREAS, City desires to retain JCI to perform the work specified in Schedule 1 (Scope of Work) hereto (the "Work") relating to the installation of the improvement measures (the "Improvement Measures") described therein; and WHEREAS, City is authorized and empowered under applicable Laws (as defined below) to enter into this Agreement, and has taken all necessary action under applicable Laws to enter into this Agreement; and WHEREAS, City has selected JCI to perform the Work after it determined JCI's proposal was the most advantageous to City in accordance with all applicable procurement and other Laws. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: AGREEMENT 1. SCOPE OF THE AGREEMENT. JCI shall perform the Work set forth in Schedule 1. After the Work is Substantially Complete (as defined below) and the Certificate of Substantial Completion is executed by City and JCI, JCI shall provide the assured performance guarantee (the "Assured Performance Guarantee") and the Measurement and Verification Services (the "M&V Services") set forth in Schedule 2 (Assured Performance Guarantee). City shall make payments to JCI for the Work and the M&V Services in accordance with Schedule 4 (Price and Payment Terms). 2. AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Agreement, the following Schedules are incorporated into and shall be deemed an integral part of this Agreement: Schedule 1 — Scope of Work' Schedule 2 — Assured Performance Guarantee Schedule 3 — City Responsibilities Schedule 4 — Price and Payment Terms Attachment 1 — Notice to Proceed Attachment 2 — Change Order Attachment 3 — Certificate of Substantial Completion Attachment 4 — Certificate of Final Completion Attachment 5 — Lighting Scope and Savings Calculations Attachment 6 — Water Conservation Domestic Fixture Line -by -Line Attachment 7 — Building Envelope Scope Line -by -Line Attachment 8 — Detailed Savings Calculations (FIMs 2, 3, 5, & 6*) ' Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 2 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 1 © 2022 Johnson Controls, Inc. Attachment 9 — Solar Helioscope Models *excel format 3. NOTICE TO PROCEED; SUBSTANTIAL COMPLETION; M&V SERVICES. This Agreement shall become effective on the date of the last signature on the signature page below. JCI shall commence performance of the Work within ten (10) business days of receipt of City's Notice to Proceed, a form of which is attached hereto as Attachment 1 and shall achieve Substantial Completion of the Work by the Substantial Completion date, which shall be 20 months from the date JCI receives the Notice to Proceed (Attachment 1) or the date on which City executes a Certificate of Substantial Completion substantially in the form attached hereto as Attachment 3. For purposes of this Agreement, "Substantial Completion" means that JCI has provided sufficient materials and services to permit City to operate the Improvement Measures. The M&V Services shall commence on the first day of the month following the month in which City executes a Certificate of Substantial Completion and shall continue throughout the Guarantee Term, subject to earlier termination of the Assured Performance Guarantee as provided herein. City acknowledges and agrees that if, for any reason, it (i) cancels or terminates receipt of M&V Services, (ii) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of City's responsibilities necessary to enable JCI to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability thereunder. The Parties acknowledge that this Agreement does not specify liquidated damages for Substantial Completion delay, however, as specified in Schedule 2, the Guarantee Term of the Assured Performance Guarantee shall commence the first day of the month next following the Substantial Completion date specified in this Clause 3. 4. DELAYS AND IMPACTS. If JCI is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by City in the bid documents or otherwise disclosed by City to JCI prior to the commencement of the Work; a Force Majeure (as defined below) condition; failure by City to perform its obligations under this Agreement; or failure by City to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to City of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made. 5. ACCESS. City shall provide JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties in City's control that are subject to the Work and M&V Services. City further agrees to assist JCI, its subcontractors, and its agents to gain access to facilities and properties that are not controlled by City but are necessary for JCI to complete the Work and provide the M&V Services. An equitable adjustment in the time for performance, price and payment terms, and Assured Performance Guarantee shall be made as a result of any failure to grant such access. 6. PERMITS, TAXES, AND FEES. Unless otherwise specified in Schedule 3 (City Responsibilities), JCI shall be responsible for obtaining all building permits required for it to perform the Work. Fees associated with City of Fayetteville building permits for the Work will be waived by the City. Unless otherwise specified in Schedule 1 (Scope of Work), City shall be responsible for obtaining all other permits, licenses, approvals, permissions and certifications, including but not limited to, all zoning and land use changes or exceptions required for the provision of the Work or the ownership and use of the Improvement Measures. JCI shall not be obligated to provide any changes to or improvement of the facilities or any portion thereof required under any applicable building, fire, safety, sprinkler or other applicable code, standard, law, regulation, ordinance or other requirement unless the same expressly regulates the installation of the Improvement Measures. Without limiting the foregoing, JCI's obligations with respect to the Work is not intended to encompass any changes or improvements that relate to any compliance matters (whether known or unknown) that are not directly related to the installation of the Improvement Measures or which have been imposed or enforced because of the occasion or opportunity of review by any governmental authority. City shall be responsible for and shall pay when due all assessments, charges and sales, use, property, excise, or other taxes now or hereafter imposed by any governmental body or agency upon the provision of the Work or the M&V Services, implementation or presence of the Improvement Measures, the use of the Improvement Measures or payments due to JCI under this Agreement, other than taxes upon the net income of JCI. City shall also be responsible for real or personal Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 2 © 2022 Johnson Controls, Inc. property taxes relating to equipment or material included in the Improvement Measures. Any fees, taxes, or other lawful charges paid by JCI on account of City shall become immediately due from City to JCI. 7. WARRANTY. JCI will perform the Work in a professional, workman -like manner. JCI will promptly re -perform any non -conforming Work for no charge, as long as City provides written notice to JCI within one (1) year following Substantial Completion or such other period identified in Schedule 1. If JCI installs or furnishes goods or equipment under this Agreement, and such goods or equipment are covered by an end -user warranty from their manufacturer, JCI will identify those in writing to the City and will transfer the benefits of such warranty to City. The foregoing remedy with respect to the Work, together with any remedy provided by goods or equipment manufacturers, shall be City's sole and exclusive remedies for warranty claims. City agrees that the one (1) year period following Substantial Completion, or such other period identified in Schedule 1, shall be a reasonable time for purposes of submitting valid warranty claims with respect to the Work. These exclusive remedies shall not have failed of their essential purpose so long as JCI transfers the benefits of any goods or equipment end -user warranty to City and remains willing to re -perform any non -conforming Work for no charge within the one (1) year period described above or such other period identified in Schedule 1. NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE PROVIDED BY JCI. JCI does not guaranty that any Improvement Measures will perform in accordance with the manufacturer's specifications over the term of this Agreement, other than with respect to the limited warranty applicable to equipment actually manufactured by JCI, or if the performance failure is related to JCI's workmanship, each as described above. City's sole remedy for failed or non -performing Improvement Measures not related to JCI's workmanship is to pursue claims under any manufacturer's warranty claims then in effect. This warranty does not extend to any Work that has been abused, altered, or misused, or repaired by City or third parties without the supervision or prior written approval of JCI. Except with respect to goods or equipment manufactured by JCI and furnished to City hereunder, for which JCI shall provide its express written manufacturer's warranty, JCI shall not be considered a merchant or vendor of goods or equipment. 8. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials or rubbish caused by the Work and, upon completion of the Work, JCI shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials. 9. SAFETY; COMPLIANCE WITH LAWS. JCI shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work and M&V Services. Each of JCI and City shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities (collectively, "Laws") in connection with its performance hereunder. 10. ASBESTOS -CONTAINING MATERIALS AND OTHER HAZARDOUS MATERIALS. Asbestos -Containing Materials: Neither party desires to or is licensed to undertake direct obligations relating to the identification, abatement, cleanup, control, removal or disposal of asbestos -containing materials ("ACM"). Consistent with applicable Laws, City shall supply JCI with any information in its possession relating to the presence of ACM in areas where JCI undertakes any Work or M&V Services that may result in the disturbance of ACM. It is JCI's policy to seek certification for facilities constructed prior to 1982 that no ACM is present, and City shall provide such certification for buildings it owns, or aid JCI in obtaining such certification from facility owners in the case of buildings that City does not own, if JCI will undertake Work or M&V Services in the facility that could disturb ACM. If either City or JCI becomes aware of or suspects the presence of ACM that may be disturbed by JCI's Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify the other. As between City and JCI, City shall be responsible at its sole expense for addressing the potential for or the presence of ACM in conformance with all applicable Laws and addressing the impact of its disturbance before JCI continues with its Work or M&V Services, unless JCI had actual knowledge that ACM was present and acted with intentional disregard of that knowledge, in which case (i) JCI shall be responsible at is sole expense for remediating areas impacted by the disturbance of the ACM, and (ii) City shall resume its responsibilities for the ACM after JCI's remediation has been completed. Other Hazardous Materials: JCI shall be responsible for removing or disposing of any Hazardous Materials (as defined below) that it uses in providing Work or M&V Services ("JCI Hazardous Materials") and for the remediation of any areas impacted by the release of JCI Hazardous Materials. For other Hazardous Materials that may be otherwise present at City's facilities ("Non-JCI Hazardous Materials"), City shall supply JCI with any Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 3 © 2022 Johnson Controls, Inc. information in its possession relating to the presence of such materials if their presence may affect JCI's performance of the Work or M&V Services. If either City or JCI becomes aware of or suspects the presence of Non-JCI Hazardous Materials that may interfere with JCI's Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify the other. As between City and JCI, City shall be responsible at its sole expense for removing and disposing of Non-JCI Hazardous Materials from its facilities and the remediation of any areas impacted by the release of Non-JCI Hazardous Materials, unless JCI had actual knowledge that Non-JCI Hazardous Materials were present and acted with intentional disregard of that knowledge, in which case (i) JCI shall be responsible at its sole expense for the remediation of any areas impacted by its release of such Non-JCI Hazardous Materials, and (ii) City shall remain responsible at its sole expense for the removal of Non-JCI Hazardous Materials that have not been released and for releases not resulting from JCI's performance of the Work or M&V Services. For purposes of this Agreement, "Hazardous Materials" means any material or substance that, whether by its nature or use, is now or hereafter defined or regulated as a hazardous waste, hazardous substance, pollutant or contaminant under applicable Law relating to or addressing public or employee health and safety and protection of the environment, or which is toxic, explosive, corrosive, flammable, radioactive, carcinogenic, mutagenic or otherwise hazardous or which is or contains petroleum, gasoline, diesel, fuel, another petroleum hydrocarbon product, or polychlorinated biphenyls. "Hazardous Materials" specifically includes mold and lead -based paint and specifically excludes ACM. JCI shall have no obligations relating to the identification, abatement, cleanup, control, removal, or disposal of mold, regardless of the cause of the mold. Environmental Indemnity: To the fullest extent permitted by Law, and without waiving its sovereign immunity, City shall indemnify and hold harmless JCI and JCI's subcontractors, and their respective directors, officers, employees, agents, representatives, shareholders, affiliates, and assigns and successors, from and against any and all losses, costs, damages, expenses (including reasonable legal fees and defense costs), claims, causes of action or liability, directly or indirectly, relating to or arising from the City's use, or the storage, release, discharge, handling or presence of ACM, mold (actual or alleged and regardless of the cause of such condition) or Non-JCI Hazardous Materials on, under or about the facilities, or City's failure to comply with this Section 10. 11. CHANGE ORDERS. The parties, without invalidating this Agreement, may request changes in the Work to be performed under this Agreement, consisting of additions, deletions, or other revisions to the Work ("Change Orders"). The price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted in accordance with the Change Order. Such adjustments shall be determined by mutual agreement of the parties. JCI may delay performance until adjustments arising out of the Change Order are clarified and agreed upon. Any Change Order must be signed by an authorized representative of each party. If concealed or unknown conditions are encountered at the project, differing from the conditions represented by City in the bid documents or otherwise disclosed by City to JCI prior to the commencement of the Work, price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted. Claims for equitable adjustment may be asserted in writing within a reasonable time from the date a party becomes aware of a change to the Work by written notification. Failure to promptly assert a request for equitable adjustment, however, shall not constitute a waiver of any rights to seek any equitable adjustment with respect to such change. 12. CITY FINANCING; TREATMENT; TAXES. The parties acknowledge and agree that JCI is not making any representation or warranty to City with respect to matters not expressly addressed in this Agreement, including, but not limited to: a. City's ability to obtain or make payments on any financing associated with paying for the Improvement Measures, related services, or otherwise; b. City's proper legal, tax, accounting, or credit rating agency treatment relating to this Agreement; and c. the necessity of City to raise taxes or seek additional funding for any purpose. City is solely responsible for its obligations and determinations with respect to the foregoing matters. In addition, the parties acknowledge and agree that City shall be responsible to comply, at its cost and expense, with all Laws that may be applicable to it relating to performance contracting, including, without limitation, any Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 4 © 2022 Johnson Controls, Inc. requirements relating to the procurement of goods and/or services and any legal, accounting, or engineering opinions or reviews required or obtained in connection with this Agreement. JCI acknowledges that it has included all applicable sales taxes in its cost proposal. 13. INSURANCE. JCI shall maintain insurance in amounts no less than those set forth below in full force and effect at all times until the Work has been completed, and shall provide a certificate evidencing such coverage promptly following City's request therefor. COVERAGES Workmen's Compensation Insurance or self-insurance, including Employer's Liability Commercial General Liability Insurance Comprehensive Automobile Liability Insurance LIMITS OF LIABILITY Statutory $5,000,000 Per Occurrence $5,000,000 Aggregate $5,000,000 Combined Single Limit The above limits may be obtained through primary and excess policies, and may be subject to self - insured retentions. JCI shall provide a quote to the City for a builder's risk insurance policy covering the Improvement Measures. The City may choose to make payment to JCI for the costs of obtaining such policy or the City may obtain builder's risk insurance coverage for the Improvement Measures on its own. City shall maintain insurance coverage, of the types and in the amounts customary for the conduct of its business, throughout the term of this Agreement. 14. INDEMNIFICATION. To the fullest extent permitted by applicable Law, each party shall indemnify the other with respect to any third party claim alleging bodily injury, including death, or property damage to the extent such injury or damage is caused by the negligence or willful misconduct of the indemnifying party. A condition precedent to any obligation of a party to indemnify the other pursuant to this Section 14 shall be for the indemnified party to promptly advise the indemnifying party of the claim pursuant to the notice provision of this Agreement. JCI agrees and understands that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville, Arkansas under the Constitution and Statutes of the State of Arkansas. 15. LIMITATION OF LIABILITY. Neither JCI nor City will be responsible to the other for any special, indirect, consequential, remote, punitive, exemplary, loss of profits or revenue, loss of use, or similar damages, regardless of how characterized and regardless of a party having been advised of the possibility of such potential losses or relief, arising in any manner from this Agreement, the Work, the Improvement Measures, the premises, the M&V Services, or otherwise. WITHOUT LIMITING JCI'S EXPRESS OBLIGATIONS UNDER THE ASSURED PERFORMANCE GUARANTEE, JCI'S liability under this agreement, regardless of the form of action, shall in no event exceed the amount of the payments actually received by JCI under schedule 4. If this Agreement covers fire safety or security equipment, City understands that JCI is not an insurer regarding those services, and that JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to prevent a casualty loss. The foregoing waivers and limitations are fundamental elements of the basis for this Agreement between JCI and City, and each party acknowledges that JCI would not be able to provide the work and services contemplated by this Agreement on an economic basis in the absence of such waivers and limitations, and would not have entered into this Agreement without such waivers and limitations. 16. FORCE MAJEURE. Neither party will be responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence of that party. Such conditions (each, a "Force Majeure") include, but are not limited to: acts of God; acts of government agencies; strikes; labor disputes; fires; explosions or other casualties; thefts; vandalism; riots or war; acts of Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 5 © 2022 Johnson Controls, Inc. terrorism; electrical power outages; interruptions or degradations in telecommunications, computer, or electronic communications systems; changes in Laws; or unavailability of parts, materials or supplies. 17. JlCI'S PROPERTY. All materials furnished or used by JCI personnel and/or JCI subcontractors or agents at the installation site, including documentation, schematics, test equipment, software and associated media remain the exclusive property of JCI or such other third party. City agrees not to use such materials for any purpose at any time without the express authorization of JCI. City agrees to allow JCI personnel and/or JCI subcontractors or agents to retrieve and to remove all such materials remaining after installation or maintenance operations have been completed. City acknowledges that any software furnished in connection with the Work and/or M&V Services is proprietary and subject to the provisions of any software license agreement associated with such software. 18. OWNERSHIP OF DATA. Subject to Clause 30 (Software and Digital Services), City owns all of the data provided by the City as well as any data acquired by JCI as a result of this Agreement, including that data received from agents or third -party contractors of the City, or data generated by the Software provided by JCI pursuant to this Agreement. JCI shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of City's data, subject to JCI or Software data retention policies. At the City's request, within sixty (60) days of the expiration or termination of this Agreement for any reason, JCI agrees to provide the data in its possession to the City in a format agreed upon by City and JCI. 19. DISPUTES. JCI and City will attempt to settle any controversy, dispute, difference, or claim between them concerning the performance, enforcement, or interpretation of this Agreement (collectively, "Dispute") through direct discussion in good faith, and pre -litigation mediation at the parties' election. Neither JCI nor City will file a lawsuit against the other until not less than sixty (60) days after a notice of Dispute is delivered to the other Party, unless one or both parties is genuinely and reasonably concerned that any applicable statute of limitations is on the verge of expiring. JCI AND CITY HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL AS TO ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT, INCLUDING CONTRACT, TORT AND STATUTORY CLAIMS, AND EACH OF THE PARTIES HERETO ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS RELIED ON THIS WAIVER IN ENTERING INTO THIS AGREEMENT, AND THAT EACH WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS UNDER THIS AGREEMENT. 20. GOVERNING LAW AND VENUE. This Agreement and the construction and enforceability thereof shall be interpreted in accordance with the laws of the state where the Work is conducted. Venue for any state court litigation will be the Circuit Court of Washington County, Arkansas. 21. CONSENTS; APPROVALS; COOPERATION. Whenever City's consent, approval, satisfaction or determination shall be required or permitted under this Agreement, and this Agreement does not expressly state that City may act in its sole discretion, such consent, approval, satisfaction or determination shall not be unreasonably withheld, qualified, conditioned or delayed, whether or not such a "reasonableness" standard is expressly stated in this Agreement. Whenever City's cooperation is required by JCI in order to carry out JCI's obligations hereunder, City agrees that it shall act in good faith and reasonably in so cooperating with JCI and/or JCI's designated representatives or assignees or subcontractors. City shall furnish decisions, information, and approvals required by this Agreement in a timely manner so as not to delay the performance of the Work or M&V Services. 22. FURTHER ASSURANCES. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement. 23. INDEPENDENT CONTRACTOR. The relationship of the parties hereunder shall be that of independent contractors. Nothing in this Agreement shall be deemed to create a partnership, joint venture, fiduciary, or similar relationship between the parties. 24. POWER AND AUTHORITY. Each party represents and warrants to the other that (i) it has all requisite power and authority to execute and deliver this Agreement and perform its obligations hereunder, (ii) all corporate, board, body politic, or other approvals necessary for its execution, delivery, and performance of this Agreement have been or will be obtained, and (iii) this Agreement constitutes its legal, valid, and binding obligation. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 6 © 2022 Johnson Controls, Inc. 26. COMPLETE AGREEMENT. It is understood and agreed that this Agreement contains the entire agreement between the parties relating to all issues involving the subject matter of this Agreement. No binding understandings, statements, promises or inducements contrary to this Agreement exist. This Agreement supersedes and cancels all previous agreements, negotiations, communications, commitments and understandings with respect to the subject matter hereof, whether made orally or in writing. Each of the parties to this Agreement expressly warrants and represents to the other that no promise or agreement which is not herein expressed has been made to the other, and that neither party is relying upon any statement or representation of the other that is not expressly set forth in this Agreement. Each party hereto is relying exclusively on the terms of this Agreement, its own judgment, and the advice of its own legal counsel and/or other advisors in entering into this Agreement. City acknowledges and agrees that any purchase order issued by City associated with this Agreement is intended only to establish payment authority for City's internal accounting purposes. No purchase order shall be considered a counteroffer, amendment, modification, or other revision to the terms of this Agreement. 27. HEADINGS. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or meaning of this Agreement. 28. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one single agreement between the parties. 29. NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if and when sent by facsimile or mailed by certified or registered mail: to Johnson Controls, Inc. at the address listed on the first page of this Agreement, ATTN: Regional Solutions Manager, with a copy to Johnson Controls, Inc., ATTN: General Counsel — Building Efficiency Americas, 507 East Michigan Street, Milwaukee, Wisconsin, 53202: and to City at the address listed on the first page of this Agreement. 30. SOFTWARE AND DIGITAL SERVICES. Use, implementation, and deployment of software and hosted software products proprietary to JCI ("Software") offered under this Agreement shall be subject to, and governed by, JCI's standard terms for such Software and Software related professional services in effect from time to time at https://www.johnsoncontrols.com/techterms (collectively, the "Software Terms"). Applicable Software Terms are incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, JCI and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take precedence and govern with respect to rights and responsibilities relating to the Software, its implementation and deployment and any improvements thereto. JOHNSON CONTROLS, INC. Signature: �Y Printed Name: P. I4 ��L 5Ay0k/ Title: A>i �n/s7 �C-R�?a� ►-r►W,(l pA Date: 7 ' 7 Z Z- CITY OF FAYETTEVILLE, AR Signature:_ Printed Na Title: Date: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary © 2022 Johnson Controls, Inc. Schedule 1 SCOPE OF WORK JCI will provide the City with the scope of work (Work) identified on this Schedule. JCI shall supervise and direct the Work and shall be responsible for construction means, methods, techniques, sequences, and procedures and for coordinating the Work under this Agreement. JCI shall be responsible to pay for labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for the execution and completion of the Work. Completed work will be functional and installed and inspected in accordance with local governing codes at the time of execution of this Agreement. General Work: • Final engineering work for each Facility Improvement Measure (FIM) shall be provided as described within this scope of work. Once final engineering work is complete, some modifications to outlined scope of work may be required. No modifications shall be made to the Work without prior approval of City. • City agrees to review and approve all equipment and product submittals within five (5) working days after receipt from JCI. • One (1) each electronic copy of the Operations and Maintenance (O&M) manuals of equipment shall be submitted to City at completion of the construction phase of the project. • One (1) each electronic copy of as -built construction drawings for applicable FIMs will be submitted to the City at completion of the construction phase. • JCI shall provide an as -built lighting table with updated fixture counts to reflect actual lamps/ballasts/fixtures installed. • With Prior Notification to JCI, a minimum of five (5) business days prior to the scheduled start of demolition, City retains the right to keep any removed equipment or material, unless specified differently in other areas of this scope of work. • Work will be coordinated with City personnel to minimize interruptions and delays. • Materials being installed shall be new unless otherwise specified in this scope of work. • Necessary protection will be provided to avoid damage to adjacent services in the surrounding work areas. • The Johnson Controls Safety Specifications will be followed at all times. Any safety violations will be addressed immediately. Work will not continue until any unsafe conditions are corrected. • JCI shall be given ample notice for security clearance procedures required for access to any facility included in this scope of work. • City to provide adequate personnel for escort(s) in, and access to, correctional facilities and city buildings for multiple installation trades so not to impede the construction work and schedule. • JCI shall provide training to designated City staff for the Work. • JCI will provide the City a schedule of all included test and balance of all equipment and systems, in accordance with FIM 2 HVAC Upgrades schedule, as found in attachment 10. • JCI will support City of Fayetteville in procuring any applicable scope related utility rebates General Exclusions • HAZARDOUS MATERIALS: Unless specifically noted in this scope of work, JCI's obligations expressly exclude any Work or Services of any nature associated or connected with the identification, abatement, cleanup, control, removal, or disposal of hazardous materials or substances, including but not limited to asbestos, in or on the premises. • Any structural modifications to existing equipment and infrastructure that is required due to previously unknown deficient structural conditions. • Code upgrades for existing infrastructure and equipment scheduled to remain. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 8 © 2022 Johnson Controls, Inc. Schedule 1 • Repair or replacement of defective mechanical, electrical or controls equipment, and the electrical distribution system, except the equipment described to be replaced in the scope of work (JCI will identify the location of defective equipment and notify City personnel). • Test and Balance of existing systems, unless specified in the scope of work. • Existing building ventilation conditions and indoor air quality issues not included in this scope of work are excluded. • Engineering services, studies, and analysis associated with any exclusions or work clearly outside of the scope definition. • Repairs or upgrades to bring the existing systems up to code, including egress and American's with Disabilities Act (ADA) code compliance issues. • Resolution of existing design, service, and or distribution conditions known or unknown. • Correction of any existing applicable building code violations and Federal ADA violations identified by JCI during the execution of the Work. Such violations will be brought to the attention of the City for remedy. • Temporary space conditioning unless otherwise identified in a FIM scope of work. • Repairs/replacement of insulation, piping, electrical or ductwork found to be corroded or rusted or otherwise unacceptable for installation of components or fittings required for installation other than what is specified in the scope of work. The following table summarizes the FIMs to be implemented for this project. Lighting Upgrades 2 I HVAC Upgrades 3 BAS Control Upgrade 4 Solar PV — Roof Mount 5 Water Conservation 6 Building Envelope Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 9 © 2022 Johnson Controls, Inc. Schedule 1 FIM 1.0: Lighting Upgrades This FIM will install new LED lamps or retrofit kits in existing fixtures, and/or replace the fixtures according to the lighting retrofit detailed in Attachment 5. Retrofitting the fixture improves the quality of light produced by the fixture and reduces electrical power (kW) consumption, resulting in both comfort improvement and electrical energy savings. The following definitions expand on the type of solution proposed in Attachment 5: • (NR) No Retrofit: No upgrade solution proposed. Existing fixture is likely already LED. • (RET) Retrofit: Installation of LED lamps or tubes. Includes removal and disposal of existing lamps and ballasts. LED lamps or tubes will be direct -wired or installed with a LED driver. Existing fixture to remain "as -is." • (LAMP) Relamp: Replacement of non -ballasted lamps with LED replacements (Typically screw -in). Includes removal and disposal of existing lamps. • (KIT) Retrofit with Kit or Reflector: Installation of LED kit designed to fit in existing fixture. Includes removal and disposal of existing lamps and ballasts. LED kits typically alter the appearance of the existing fixture, and after installation fixtures look "new." Reflectors allow for installation of LED lamps or tubes. • (IN) New/Replacement Fixture: Removal and disposal of existing fixture and installation of new LED fixture. Area ID Gary Hampton - EXTERIOR No Retrofit 4 Retrofit 11 Retrofit with or, New/ 0 Relamp a Kit or Replacement Reflector Fixture 0 0 0 1 0 0 1 1 Total Count 15 Gary Hampton 1 16 18 Wilson Park - Office / Shop 7 2 2 0 0 11 Fire ARFF Station 0 24 0 1 4 29 Fire Station - 6 4 23 7 21 6 61 Fire Station - 6- EXTERIOR 4 0 0 3 7 14 Fire Station - 3- EXTERIOR 8 0 0 0 2 10 Fire Station - 3 2 31 0 42 12 87 Fire Station - 4 8 23 3 21 6 61 Fire Station - 4- EXTERIOR I 3 0 2 3 I 10 18 Fire Station - 5 - EXTERIOR 0 0 0 0 12 12 Fire Station - 5 I 8 21 0 23 I 8 60 Fire Station - Storage (Crossover) 13 7 7 0 0 27 Fire Station - Storage (Crossover) - EXTERIOR 2 0 1 0 1 4 Fire Station - 2- EXTERIOR 4 0 0 2 0 6 Fire Station - 2 2 6 0 0 4 12 Fire Station - 7 6 67 10 27 0 110 Fire Station - 7- EXTERIOR 5 0 1 0 0 8 13 Walker Park & Splash Pad - EXTERIOR 2 0 2 0 7 11 Mt Sequoyah Greenhouse & Office I 1 25 12 0 I 1 39 Veterans Memorial Park - Restroom I 0 8 0 0 I 0 8 Veterans Memorial Park - Restroom - EXTERIOR 6 0 0 0 0 6 Lake Sequoyah Bait Shop - EXTERIOR I 12 0 18 0 I 2 32 Lake Fayetteville Marina Office - EXTERIOR 0 0 0 0 2 2 Lake Sequoyah Bait Shop I 8 0 8 2 I 0 18 Yvonne Richardson Community Center 20 20 3 0 0 43 Yvonne Richardson Community Center - EXTERIOR 10 0 0 0 0 10 Senior Center 56 123 36 27 0 1 242 Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 10 © 2022 Johnson Controls, Inc. Schedule 1 Area ID Senior Center - EXTERIOR No Retrofit 0 Retrofit Relamp 36 0 Retrofit with New/ a Kit or Replacement Reflector Fixture 0 9 1 0 Total Count 45 Animal Shelter 10 63 0 74 Animal Shelter - EXTERIOR 6 0 0 6 0 12 Animal Clinic I 0 36 0 0 I 0 36 Animal Clinic - EXTERIOR I 0 2 3 0 0 5 Animal Shelter Kennel 26 8 0 3 0 37 Animal Shelter Kennel - EXTERIOR I 8 0 0 0 I 0 8 Happy Hollow Complex - Fleet/Transportation 124 279 2 0 15 420 Happy Hollow Complex - Fleet/Transportation - EXTERIOR 14 1 0 0 19 34 Police Headquarters I 40 225 0 30 I 0 295 Police Headquarters - EXTERIOR 30 0 0 0 0 30 City Hall 708 109 1 50 0 868 City Hall - EXTERIOR 11 0 0 0 0 11 Existing Conditions Interior General Overview • Spaces throughout the city contain primarily 32w fluorescent lamps, installed in troffers, strips, or wrap fixtures. There are also a notable number of recessed can fixtures with both incandescent and compact fluorescent lamps. • The City has performed LED interior upgrades, through scheduled upgrades or maintenance replacements, resulting in LED mixed in with other lighting technology. • Exterior General Overview • The city is roughly 50% complete with their own LED exterior upgrades. Fixtures that have not been replaced consist of HID and fluorescent technology. Wall mounted exterior fixtures are the predominant fixture type. Proposed Conditions Interior General Overview • The proposed lighting retrofit, for buildings in scope, consists primarily of LED ULB direct wire tubes. The existing fluorescent lamps and ballasts are to be removed. There are also LED replacement screw -in lamps, and LED retrofit can kits in the proposed upgrade. Please refer to Attachment 5 for additional details. • Exterior Overview • The exterior LED upgrade will consist primarily of replacement LED fixtures. Decorative exterior fixtures will receive LED lamp replacements. Please refer to Attachment 5 for additional details. • Exterior athletic facility lighting is not part of the project scope. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 11 © 2022 Johnson Controls, Inc. Schedule 1 Interior and Exterior Scope The following locations are included in the proposed interior and exterior scope, unless noted otherwise in the Line by Line (LxL) in Attachment 5. Name Animal Clinic Animal Clinic — EXTERIOR Animal Shelter AddressFacility . 1634 Armstrong Rd. 2,345 1640 S ARMSTRONG AVE 6,000 Animal Shelter— EXTERIOR Animal Shelter Kennel 1630 Armstrong Rd. 2,730 Animal Shelter Kennel - EXTERIOR City Hall 113 W MOUNTAIN ST 36,140 City Hall — EXTERIOR Fire ARFF Station 385 W Ernest Lancaster Dr. N/A Fire ARFF Station - EXTERIOR Fire Station — 2 708 N GARLAND AVE 2,646 Fire Station - 2 — EXTERIOR Fire Station — 3 1050 S HAPPY HOLLOW RD 6,775 Fire Station - 3 — EXTERIOR Fire Station — 4 3385 N PLAINVIEW AVE 2,254 Fire Station - 4 — EXTERIOR Fire Station — 5 2979 N CROSSOVER RD 5,500 Fire Station - 5 — EXTERIOR Fire Station — 6 900 S HOLLYWOOD AVE 2,265 Fire Station - 6 — EXTERIOR Fire Station — 7 835 N RUPPLE RD 7,668 Fire Station - 7 — EXTERIOR Fire Station - Storage (Crossover) 833 N CROSSOVER RD I 2,805 Fire Station - Storage (Crossover) - EXTERIOR Gary Hampton 2790 N SALEM RD I 530 Gary Hampton — EXTERIOR Happy Hollow Complex - Fleet/Transportation 1525 S. Happy Hollow Rd. 31,250 Happy Hollow Complex - Fleet/Transportation - EXTERIOR Lake Sequoyah Bait Shop 6608 E LAKE SEQUOYAH DR 584 Lake Sequoyah Bait Shop - EXTERIOR Lake Fayetteville Marina Office - EXTERIOR Mt Sequoyah Greenhouse & Office 100 N SUMMIT AVE 2,160 Mt Sequoyah Greenhouse & Office - EXTERIOR Police Headquarters 100 W ROCK ST I 24,555 Senior Center 945 S College Ave. 25,000 Senior Center — EXTERIOR Veterans Memorial Park - Restroom 4451 N VANTAGE DR 680 Veterans Memorial Park - Restroom - EXTERIOR Walker Park & Splash Pad 10 W 15TH ST 1,200 Walker Park & Splash Pad - EXTERIOR Wilson Park - Office / Shop 675 N PARK AVE 1,955 Wilson Park - Office / Shop - EXTERIOR Yvonne Richardson Community Center 240 E ROCK ST 9,000 Yvonne Richardson Community Center - EXTERIOR Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 12 © 2022 Johnson Controls, Inc. Schedule 1 The following locations are excluded in the proposed interior and exterior scope, unless noted otherwise in the Line by Line (LxL) in Attachment 5. AddressFacility 4578 S SCHOOL AVE 18,750 Name Airport City Hanger (FBO) Airport City Hanger (FBO) - EXTERIOR Airport Terminal/Administration 4500 S. School Ave. 28,500 Airport Terminal/Administration - EXTERIOR Airways Facilities 4370 South School 2,894 Airways Facilities - EXTERIOR Arkansas Air Museum 4290 S SCHOOL AVE 21,372 Arkansas Air Museum - EXTERIOR Blair Library 401 W. Mountain St. 80,000 Blair Library — EXTERIOR Bryce Davis Park & Restrooms 1595 N DARTMOUTH AVE N/A Bryce Davis Park & Restrooms - EXTERIOR Bryce Davis Restroom & two Pavilions 1595 N DARTMOUTH AVE N/A Bryce Davis Restroom & two Pavilions - EXTERIOR Compost Facility 1708 S ARMSTRONG AVE 3,900 Compost Facility - EXTERIOR District Court 176 South Church AVE 9,000 District Court — EXTERIOR Fire Marshall Office 4140 S SCHOOL AVE 2,254 Fire Marshall Office - EXTERIOR Fire Station - Training Facility 2505 E BORICK DR I 4,000 Fire Station - Training Facility - EXTERIOR Fire Station -Mobile Fire Training Apparatus (FEMA Grant) Fire Station -Mobile Fire Training Apparatus (FEMA Grant) — EXTERIOR Gary Hampton Park Softball Complex 2505 E. Borick I 5,800 2790 N SALEM RD 395 Gary Hampton Park Softball Complex - EXTERIOR Gordon Long Park & Restrooms 2800 N GREGG AVE 507 Gordon Long Park & Restrooms - EXTERIOR Lake Fayetteville Concessions 4732 N. College 400 Lake Fayetteville Concessions - EXTERIOR Lake Fayetteville Marina 1330 E LAKE FAYETTEVILLE RD 11,660 Lake Fayetteville Marina - EXTERIOR Lake Fayetteville Marina Office Lake Fayetteville Park - 4780 N. College 760 Lake Fayetteville Softball 1153 E LAKE FAYETTEVILLE RD 400 Lake Fayetteville Softball - EXTERIOR Lake Sequoyah - Restroom 6608 E LAKE SEQUOYAH DR 100 Lake Sequoyah - Restroom - EXTERIOR Lewis Soccer Complex - Concessions/Restrooms 1542 N LEWIS AVE 1,014 Lewis Soccer Complex - Concessions/Restrooms - EXTERIOR Ozark Military Museum 4360 S SCHOOL AVE I 3,429 Ozark Military Museum - EXTERIOR Police Headquarters - EXTERIOR Rangers Pantry Pet Food Bank 818 N SANG AVE 6,800 Rangers Pantry Pet Food Bank - EXTERIOR Recycling & Trash Complex 1560 S HAPPY HOLLOW RD 19,230 Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 13 © 2022 Johnson Controls, Inc. Schedule 1 Name Recycling & Trash Complex - EXTERIOR AddressFacility Recycling Drop Off - Happy Hollow 1420 S HAPPY HOLLOW RD N/A Recycling Drop Off - Happy Hollow - EXTERIOR Recycling Drop Off - Marion Orton 735 W NORTH ST N/A Recycling Drop Off - Marion Orton - EXTERIOR T-Hanger A 367 W Ernest Lancaster Dr 16,470 T-Hanger A - EXTERIOR T-Hanger B 349 W Ernest Lancaster Dr 16,420 T-Hanger B - EXTERIOR T-Hanger C 331 W Ernest Lancaster Dr 16,100 T-Hanger C - EXTERIOR T-Hanger D 311 W Ernest Lancaster Dr 16,100 T-Hanger D - EXTERIOR T-Hanger E 307 W Ernest Lancaster Dr I 13,900 T-Hanger E - EXTERIOR T-Hanger F 325 W Ernest Lancaster Dr I 14,200 T-Hanger F - EXTERIOR T-Hanger G 341 W Ernest Lancaster Dr 13,300 T-Hanger G - EXTERIOR T-Hanger H 363 W Ernest Lancaster Dr 13,600 T-Hanger H - EXTERIOR Town Center 15 W. Mountain St. 83,000 Town Center - EXTERIOR Traffic Shop - Parks 1455 South Happy Hollow 8,940 Traffic Shop - Parks - EXTERIOR Veterans Park 4451 N VANTAGE DR N/A Veterans Park - EXTERIOR Walker Park - Concessions/Restroom 10 W 15TH ST 1,200 Walker Park - Concessions/Restroom - EXTERIOR Walker Park Restroom #1 10 W 15TH ST 560 Walker Park Restroom #1 - EXTERIOR Walker Park Restroom #2 10 W 15TH ST 360 Walker Park Restroom #2 - EXTERIOR Water & Sewer Office - S Industrial Dr 2435 S INDUSTRIAL DR 26,481 Water & Sewer Office - S Industrial Dr - EXTERIOR Water & Sewer Vehicle Storage Building 2435 S Industrial Drive (veh storage bldg) 10,369 Water & Sewer Vehicle Storage Building - EXTERIOR West Shop 1455 S. Happy Hollow Rd 7,250�_j West Shop - EXTERIOR White River Park - Concessions/Restroom - EXTERIOR White River Park Baseball 2080 S ARMSTRONG AVE 769 White River Park Baseball - EXTERIOR Wilson Park - Concessions 675 N PARK AVE 320 Wilson Park - Concessions - EXTERIOR Wilson Park/Tennis Courts 675 N PARK AVE N/A Wilson Park/Tennis Courts - EXTERIOR Wilson Pool Equip Bldg 675 N PARK AVE 576 Wilson Pool Equip Bldg - EXTERIOR Wilson Restroom 675 N PARK AVE 560 Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 14 © 2022 Johnson Controls, Inc. Schedule 1 Wilson Restroom - EXTERIOR WWTP - West Side WWTP - West Side - EXTERIOR INTERSECTION AREA LIGHTING White River Park - Concessions/Restroom Wilson Pool Change Shelter Wilson Pool Change Shelter - EXTERIOR WWTP — Noland WWTP - Noland — EXTERIOR Final Engineering 15 S BROYLES AVE 1 4,700 Various N/A 2080 S ARMSTRONG AVE I 769 675 N PARK AVE 2,592 1400 N FOX HUNTER RD 1 4,700 • Development of material and equipment submittals included in Attachment 5. Demolition and Removal • Existing lamps and ballasts associated with the referenced scope of work will be removed and properly disposed of according to local codes regulations in force at the time of contract signing. Installation Work • JCI will furnish materials, labor, and necessary equipment to complete the detailed scope of work shown in Attachment 5, room by room description. Inclusions and Assumptions • Furnish and install the detailed scope of work shown in Attachment 5. • This Work includes material, labor, engineering, design and recycling/disposal costs. • Pricing assumes one hundred percent (100%) access will be granted to all facilities during the construction schedule. Keys, escorts, and security clearance requirements will be provided in a timely manner. • Work shall be performed in accordance with industry standards and approved safety practices. Professional performance by licensed, ensured and certified personnel skilled in lighting retrofit services. • Existing lamps, ballasts and other materials will be removed from the site by JCI in accordance with Federal, State, and local regulations in effect at the time of contract execution. It is also the responsibility of JCI, acting as an agent for the City, to ensure the proper disposal of hazardous waste in accordance with the Federal, State and local laws and regulations in effect at the time of contract execution. If PCB light ballasts are found, they will be disposed of accordingly listing the City as the "Generator" of the ballast waste. • All circuit breakers, contactors, switches/controls, existing fixtures, and the electrical system in general are assumed to be operational working order and compliant with electrical code requirements in effect at the time of contract execution. • JCI shall be given ample notice for security clearance procedures required for access to any facility included in Attachment 5, room by room description of work. • Maintenance stock of one and a half percent (1.5%) is included in this proposal (LED tubes & LED lamps only). • If specified materials become either temporarily or permanently unavailable for reasons beyond the control of JCI, then the expected time for performance of the work will be extended. JCI reserves the right to provide equivalent substitutions at no price increase. • Where ULC listed tubular LED lamp (TILED) retrofits are proposed, external drivers will be utilized where noted in the line -by-line scope of work. Existing ballasts will be removed. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 15 © 2022 Johnson Controls, Inc. Schedule 1 • Where ULB listed tubular LED lamp (TILED) retrofits are proposed, the tubes will be direct -wired and the existing ballast will be removed. • Where retrofits of existing fixtures are proposed, the scope includes wiping down prismatic lenses with dry cloth. • Design illumination levels: In the absence of code -mandated lighting requirements, industry standards have been used as a guide, primarily the most recent edition of the Illuminating Engineering Society of North America (IESNA), IESNA Recommended Practice documents and IESNA Design Guides. • Existing lighting systems were presumed to be designed based on IESNA recommended practices. In the event current light levels are above IESNA recommendations for the space type (i.e., over -lit), light levels will be reduced. In the event light levels are below IESNA recommendations for the space type, JCI will meet or exceed current light levels. If the space is under -lit due to an inadequate spacing or quantity of fixtures from initial design, which requires adding fixtures, adding circuits, reconfiguration or new construction, this will be brought to the attention of the City. LED fixtures or components specified for the project are based on comparable original lumen outputs of existing equipment rather than depreciated light output values. • Existing and post -installation illumination levels have been/will be measured in accordance with procedures recommended by IESNA using a calibrated light meter. Exclusions • Exterior athletic facility lighting. • Electrical permits and fees. • Replacement or repair of concrete pole footings or rusted bolts on footings. • Existing light poles will be re -used. Repair of wiring to poles, if required, is not included. • Pole mounted lighting is reusing existing poles. City is responsible for pole maintenance, repair and replacement throughout the term of the guarantee. • Lighting Poles will be checked for contact voltage. If any hazardous voltage is noted, work on that pole will be stopped and the City and/or the utility company be notified immediately to correct the fault before any work will be performed. • Exterior lighting replacements proposed are designed for 277v. 480v exterior lighting replacements are excluded, unless a change order is issued. • Existing task lighting and table type light fixtures unless specified in Attachment 5, room by room description of work. • Removal or replacement of ceiling tiles unless specified in Attachment 5, room by room description of work. • Existing decorative and stage light fixtures unless noted in Attachment 5, room by room description of work. • The addition of lighting fixtures in areas with existing illumination deficiencies is not covered under this scope of work unless otherwise noted in Attachment 5, room by room description of work. If foot-candle levels do not meet minimum standards, the City will be notified. • Existing fluorescent dimming systems or fixtures will remain "as is" unless otherwise noted in Attachment 5, room by room description of work. • Reconfiguration of existing fixture layout unless otherwise noted in Attachment 5, room by room description of work. • Replacement of existing wiring and/or electrical issues in exterior fixtures. • Existing fixtures that are not in a well -maintained condition including, but not limited to, rusted or derogated in a manner which would impede retrofit. • Any electrical wiring other than that required for the retrofit or replacement within the existing lighting fixtures, the installation of new fixtures as scheduled, the installation of occupancy sensors and other controls. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 16 © 2022 Johnson Controls, Inc. Schedule 1 • Double or bi-level switching of in -board and out -board sockets is not included unless specified in Attachment 5, room by room description of work. • Repair, replacement and adjustments of existing sensors, time clocks, switches or energy management systems unless otherwise noted in Attachment 5, room by room description of work. • Calibration or adjustment of the lighting control devices post -installation. JCI will set controls to the agreed upon settings at time of installation one-time only. • Repair or replacement of louvers or other components unless denoted in Attachment 5, room by room description of work. • Repair or replacement of yellowed, cracked, damaged or missing fixture lenses, louvers or other components unless denoted on the JCI line -by-line scope of work. • Repair or replacement of the existing Emergency and Egress Lighting Systems unless otherwise noted in Attachment 5, room by room description of work. • Replacement of defective emergency battery back-up ballast unless otherwise noted in Attachment 5, room by room description of work. • No work can be performed in asbestos contaminated areas. If asbestos is present, the scope of work may have to be adjusted unless the asbestos is abated by the City. • Unless specified in the scope of work, no provisions are made to ensure that the light levels will comply with existing surveillance camera requirements. Proposed light levels will meet or exceed the current light levels of the exterior fixtures. • Replacement of existing lighting sockets and ballast unless otherwise noted. • Correction or repair of electrical system deficiencies or any NFPA, NEC, or local code deficiencies unless provided for in the scope. • Painting, plastering or any other type of repair to existing mounting surfaces after the removal or replacement of fixtures, unless otherwise noted. • Situations that could not be reasonably documented during the audit (i.e. concealed locations or hidden conditions). • Work in buildings or areas not specifically indicated on the line -by-line scope of work is excluded. • Stamped engineered drawings are not included as part of this scope of work. Training • No training shall be provided for this FIM. Rebates/Grants and Incentives • JCI researched available utility rebate incentive programs with the City's utility providers. SWEPCO is the only utility provider that offers rebate incentives for the City. • The provided rebate incentive values are estimates based on proposed scope only and subject to the utility's rebate program terms and conditions. Therefore, they are not guaranteed. Warranty • City shall be responsible for installation of warranted lamps beginning at the date of Substantial Completion. • Johnson Controls workmanship will be warranted for a period of one (1) year from substantial completion. • Material Warranties - Manufacturer warranties of retrofit kits, and fixtures installed as part of the project are covered by the individual manufacturer's published documentation. JCI will furnish contact information for each manufacturer. Alleged defective product may be required for return to factory for analysis. • Material Warranties - The warranty period begins on the date of installation. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 17 © 2022 Johnson Controls, Inc. Schedule 1 • Material Warranties - Non -workmanship material failures associated with newly installed equipment shall be warranted by the respective manufacturers as indicated in the warranty table below. Closeout JCI shall provide the following closeout documents: • Product data for new equipment installed. • Warranty information for new equipment installed including any extended warranties. End of FIM 1.0: Lighting Upgrade Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 18 © 2022 Johnson Controls, Inc. Schedule 1 FIM 2.0: HVAC Upgrades The intent of this scope of work is to perform "like for like" replacement of existing HVAC units specified. This work will include replacing condensing units, air handling units, package units, wall pack units, energy recovery ventilators and dedicated outside air systems. Refer to below Equipment List and Site List at end of document. Electronic versions of the existing HVAC drawing are available for reference. Final Engineering • Provide material and equipment submittals for RTUs and Split Systems Demolition and Removal JCI will remove and properly dispose of existing HVAC systems (both indoor and outdoor units). Demolition of existing equipment will include the following: Electrical • Safely disconnect and secure existing unit electrical connections. • Safely disconnect and secure for reuse existing thermostat and/or Building Automation System (BAS) connections. • Safely disconnect and secure for reuse smoke alarms and other life safety devices connected to the unit. Mechanical • Recover and dispose of refrigerant according to state and local codes in effect at the time of contract signing. • Remove existing HVAC Units and dispose of properly. (City has right of first refusal) • Safely disconnect and secure for reuse equipment from existing ducting, condensate drain piping and natural gas piping, as applicable. • Temporarily seal or cap disconnected utilities. • City shall indicate and mark any equipment or parts to be retained at least five (5) business days before scheduled removal. It shall be the City's responsibility to remove parts from existing equipment prior to demolition. Additionally, any equipment to be retained by City shall be placed by JCI in a designated location on each site for City removal. Installation Work • JCI will ensure the equipment complies with the existing site conditions, utilities, and space restrictions. Electrical • Reconnect equipment to existing electrical power wiring, reusing equipment starter. Provide labor, conduit, fittings, gauges, and insulation. • Replace 460/3/60, 208-230/3/60 and 208-230/1/60 service disconnect switches serving existing condensing units and packaged units with new NEMA 4 rated disconnect switches. Provide new flex connections from disconnect to condenser. Wiring shall be in accordance with the National Electric Code (NEC) and local codes in effect at the time of contract signing. • Re -install smoke detectors and life safety devices as applicable. • Re -connect existing thermostat conductors. Mechanical • Receive, store, and install new HVAC equipment identified herein. • Installation to be performed in accordance with mechanical, electrical, fire, local, state and national installation and operational codes in effect at the time of contract signing. • Modify existing equipment pads as required to support new HVAC split systems equipment. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 19 © 2022 Johnson Controls, Inc. Schedule 1 • Provide and install new curb adapters for RTUs. • Reconnect equipment to existing ducting, installing transition ductwork as required. New ductwork to be insulated. • For horizontal AHUs, provide and install secondary condensate drain pan (if existing pan requires replacement), and spring vibration isolators, if deemed necessary by JCI. • Provide new condensate drain traps if none is existing. • Provide new liquid/suction line sets if existing lines sizes are not in compliance with manufacturer's requirements. If existing liquid/suction line set are in compliance with manufacturer's requirements, flush existing liquid/suction lines in order to remove existing R-22 refrigerant oil. Flush the existing line sets with an approved solvent (e.g., Rx11-Flush or equal.) Once the existing line sets have been flushed, purge the line sets with nitrogen per recommended procedure of the solvent used (Rx11-Flush or equal). • Provide new liquid/suction line sections (approx. 3-6 feet) at the condenser and evaporator units, where necessary to provide for installation • After refrigerant liquid/suction line have been soldered to evaporator and condenser sections, evacuate and dehydrate system by pulling a vacuum to as close to 30" Hg as possible. Vacuum pressure shall be recorded and maintained for a minimum of ten (10) minutes. • Provide necessary modifications to the existing duct work to accommodate new AHU/furnace dimensions, including transitions, flange sets, and connections for installation. Seal duct connections (per SMACNA Standards) so that no leaks are detected. • Provide and/or connect necessary piping, electrical conduit and wiring, controls, ductwork, condensate, insulations and necessary appurtenances. Install new liquid line filter drier and site -glass (if not included with unit and/or required by manufacturer) and re -insulate suction line piping. • Flush existing condensate drain lines with dry nitrogen, CO2, or equal gas. • Install new plastic engraved identification tags, to match existing • Reconnect equipment to existing natural gas piping, as applicable. • Any required flashing and roof work to be performed by the roofing bond holder, under this project. • Reinstall insulation, if it can be reused. Insulation damaged during installation of this FIM will be replaced. • Provide required cranes and rigging, including traffic control and coordination • Obtain licenses, permits and required inspections • Work and any shutdowns shall be coordinated with City of Fayetteville. • Start Up of new HVAC units in accordance with Manufacturer's recommendations. Complete equipment manufacturer's start-up checklist and submit to City upon completion of equipment start-up. • Project completion: The project site shall be protected and/or restored to a condition equal to that existing prior to the commencement of work. Upon completion of project, deliver work complete and undamaged. Existing work (e.g. lawns, shrubs, paving, roads, walks) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition, or better, as existed before commencing work. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 20 © 2022 Johnson Controls, Inc. Schedule 1 Refer to the table below for unit details. Animal Shelter Development Services Facilities Management Senior Center Fire Station 1 Fire Station 7 Fleet Transportation HP 1 2 �_ R-22 R-22 208-230/1/60 208-230/1/60 DX SS 1 4 RTU 1 7.5 R-22 208-230/1/60 DX -SS 1 3.5 R-22 208-230/1/60 DX -SS 1 2.5 R-22 208-230/1/60 DX -SS 1 4 R-22 208-230/1/60 ERV 1 n/a 208-230/1/60 RTU-X 1 4 R-22 208-230/3/60 RTU-X 1 4 R-22 208-230/3/60 RTU-X 1 4 R-22 208-230/3/60 RTU-X 1 2.5 R-22 208-230/1/60 RTU-X 2 3 R-22 208-230/3/60 DX SS 1 2.5 R-22 208-230/1/60 DX SS 1 3 R-22 208-230/1/60 DX SS 1 3 R-22 208-230/1/60 DX SS 1 2 R-22 208-230/1/60 DX SS 1 4 R-22 208-230/1/60 DX SS 1 3 R-22 208-230/3/60 DX SS 1 5 R-22 208-230/3/60 DX SS 2 7.5 R-22 208-230/3/60 DX SS 1 2 R-22 208-230/3/60 DX SS 1 20 R-22 208-230/3/60 RTU-2 1 4 R-22 208-230/1/60 RTU-3 1 2 R-22 208-230/1/60 DX SS 1 5 R-22 208-230/1/60 DX SS 1 5 R-22 208-230/1/60 DX SS 1 5 R-22 208-230/1/60 ERV 1 N/A N/A 208-230/1/60 PKG 1 10 R-22 208-230/3/60 DX SS 1 4 R-22 208-230/1/60 Media Center DX SS 1 5 R-22 208-230/1/60 Parks and Recreation RTU HP 1 2 R-22 208-230/3/60 Police Headquarters.3 DX SS 1 3 R-22 208-230/3/60 RTU-X nis 20 R-22 208-230/3/60 DX SS nis 3 R-22 208-230/1/60 DX SS nis 3 R-22 208-230/1/60 RTU-X 1 4 R-22 208-230/1/60 RTU-6 1 2 R-22 208-230/1/60 DX SS 1 5 R-22 208-230/3/60 DX SS 1 25 R-22 208-230/3/60 Richardson Community Center DX SS 1 4 R-22 208-230/1/60 Water -Sewer Offices RTU 1 60 R-22 208-230/3/60 Town Center.4 RTU 2 1 15 R-22 460/3/60 RTU 3 1 30 R-22 460/3/60 3 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 4 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 21 © 2022 Johnson Controls, Inc. Schedule 1 RTU 5 1 1 15 1 R-22 460/3/60 HP 1 1 5 1 R-22 460/3/60 Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 22 © 2022 Johnson Controls, Inc. Schedule 1 FIM 2.4 City Hall HVAC Upgrades.' The intent of this scope of work is to replace the existing water-cooled DX cooling system with "like -for -like" system replacements. The existing AC units would be replaced with variable air volume (VAV) self-contained water cooled DX air handling units (AHUs) which will supply 55°F air to the existing fan powered VAV terminal boxes. The existing fluid cooler would be replaced with a new, equal capacity. The existing condenser water pumping/piping system will be reused, and pumps replaced with new, same capacity (GPM/TDH/HP). The following is a listing of the scope items. Note: Please see following for reference information Attachment FIM 2.4 — 1 — City Hall HVAC Drawings (like -for -like scope) Attachment FIM 2.4 — 2 — City Hall Renovation S-Sheets Attachment FIM 2.4 — 3 — City of Fayetteville DOAS - Greenheck Submittal Attachment FIM 2.4 — 4 — Daikin_CAT_865-7—LR—SWT_Modular_S-C_AC_Systems_Catalog Attachment FIM 2.4 — 5 — Daikin IM 988-1 LR SWT-C Self -Contained 18-40 Manual Attachment FIM 2.4 — 6 — HHW Boiler Dimensional Drawing Attachment FIM 2.4 — 7 — HHW Boiler Performance Data Attachment FIM 2.4 — 8 — Roof Layout 1 Attachment FIM 2.4 — 9 — Roof Layout 2 Attachment FIM 2.4 — 10 — Existing Fluid Cooler Weights Demolition and Removal Work Electrical • Safely disconnect and secure existing electrical connections. • Safely disconnect and secure for reuse existing temperature controls and Building Automation System (BAS) connections. • Safely disconnect and secure for reuse smoke alarms and other life safety devices connected to the units. Mechanical • Before removing AHUs, take an existing AHU airflow test and record existing AHU airflow with VFDs at 100%. • Recover and dispose of refrigerant according to state and local codes in effect at the time of contract signing. • Remove existing water-cooled AC units (Qty. 3) and dispose of properly. • Remove existing fluid cooler and dispose of properly. • Remove existing HHW boiler and dispose of properly. • Remove existing CW pumps and dispose of properly. • Temporarily seal or cap disconnected utilities. New Installation Work Field verify and coordinate HVAC equipment submittals with existing site conditions. Ensure the equipment complies with the existing site conditions, utilities, and space restrictions. 5 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 23 © 2022 Johnson Controls, Inc. Schedule 1 Electrical • Relocate existing electric service disconnects for AHUs to comply with NEC and local codes in effect at the time of contract signing. • Replace service disconnects for Fluid Cooler, HHW Boiler and Dedicated Outside Air System (DOAS), located on roof, for the new equipment. • Disconnect, reconnect existing electric service disconnects for two (2) Condenser Water (CW) and two (2) Heating Hot Water (HHW) circulating pumps. • Disconnect, reconnect existing electric service for sixteen (16) water-cooled heat pumps serving the Ground Floor. Mechanical • Replace existing water-cooled AC units with new "like -for -like" VAV AHUs (3 x 349 MBH). The new AHUs will supply air to the existing fan powered VAV terminal boxes. • Replace existing Fluid Cooler with new "like -for -like" Fluid Cooler of the same capacity. If needed, modify existing roof support structure to support new Fluid Cooler weight and dimensions. • Replace existing HHW boiler with new condensing HHW boiler, rated for 1200 MBH output, 180 EWT, 160 LWT, 120 GPM. Provide required venting and condensate drainage for new system. • Replace in kind two (2) existing CW pumps rated for 280 GPM, 120' TDH, 15 HP, 208-460/3/60. • Replace in kind two (2) existing HHW pumps rated for 120 GPM, 110' TDH, 7,5HP 208-460/3/60. • Replace existing MAU with new Dedicated Outside Air System (DOAS). DOAS will provide conditioned ventilation air to the Ground Floor. • DOAS will be 3000 CFM, 221 MBH. Provide new curb adapter to accommodate new unit dimensions. • Replace fourteen (14) existing WSHP units on Ground Floor with new WSHP Fan Coil Units (FCUs) of the same capacity. See drawing for location in Attachment FIM 2.1 - 1. • Replace two (2) existing WSHP AHUs with new WSHP AHU of the same capacity. See drawing for location in Attachment FIM 2.1 - 1. • BAS Controls: Replace thirty-five (35) HHW 3-way control valves serving fan powered VAV terminal boxes with new 2-way control. • New AHUs will be balanced to the original AHU airflows as tested before demolition. Complete air distribution system balancing will not be performed. • Provide functional performance testing of new installed equipment to verify operation per manufacturer's requirements. Provide equipment manufacturer's start-up checklist and submit to City upon completion of equipment start-up. • Include required cranes and rigging, including traffic control and coordination • Obtain licenses, permits, and required inspections • Coordinate any shutdowns with City. • Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to City before it is disturbed. Material and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 24 © 2022 Johnson Controls, Inc. Schedule 1 Refer to the table below for unit details. DX-AHU Fluid Cooler HHW Boiler CW Pump 2.4 City Hall HHW Pump L WC HP Pump VFD DOAS 3 30 R-22 208-230/1/60 1 120 NA 208-230/1/60 1 1200 MBH NA 208-230/1/60 2 I 280 GPM NA 208-230/1/60 2 120 GPM NA 208-230/1/60 16 NA NA 208-230/1/60 4 NA NA 208-230/1/60 1 221 MBH NA 208-230/1/60 FIM 2.0 Inclusions and Assumptions • Required cranes and rigging in included, with coordination of street or parking lot traffic control and closures. • Installation to be performed to mechanical, electrical, and local, state, national installation and operational codes in effect at the time of contract execution. • Start-up, checkout and verify operation and control features per manufacturers' start-up and checkout procedures. FIM 2.0 Exclusions • Repair or replacement of defective equipment, other than the equipment specifically described above. JCI will identify the location of defective equipment and notify the City. • Repairs or upgrades required due to bring adjacent controls, electrical, and mechanical and gas systems up to code. • Repairs to existing damaged areas, such as retiling and painting of floors, ceilings, and walls, unless specifically identified above. • Repairs/replacement of insulation, piping or ductwork found to be corroded or rusted and unacceptable for installation of components or fittings required for installation other than what is specified in the scope of work. • Complete Air and Water Distribution System Test, Adjust, Balance (TAB) • Existing building ventilation conditions and indoor air quality issues are excluded from the scope and cost of this project. • Temporary space conditioning. • Engineering services, studies or analysis associated with any exclusions or work clearly outside of the scope definition. • Duct cleaning and coil cleaning. • Resolution of existing design, service, and or distribution conditions known or unknown. • Roof repairs other than those directly associated with this scope of work. • Roof structural upgrades. Not required for increased weight of less than 20%. • The warranty on materials installed as part of this FIM does not include labor beyond the 1-Year workmanship guarantee. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 25 © 2022 Johnson Controls, Inc. Schedule 1 Training • No training shall be provided for this FIM Warranty • 1-Year workmanship guarantee beginning upon final acceptance of this FIM. • Manufacturer's stated warranties on equipment installed as part of this FIM. Closeout JCI shall provide the following closeout documents: • Product data for new equipment installed. • Warranty information for new equipment installed including any extended warranties. End of FIM 2: HVAC Upgrades Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 26 © 2022 Johnson Controls, Inc. Schedule 1 FIM 3.0: BAS Control Upgrade The intent of this scope of work is to upgrade and/or replace (like for like unless otherwise noted) the HVAC Controls at selected locations. In addition to the buildings with existing systems, more buildings will be added to the system as listed below, enabling the City of Fayetteville Buildings to be more efficient and consume less energy. The scope of work will include the following buildings: FIM 3.1 Animal Shelter FIM 3.2 City Hall.6 FIM 3.3 Development Services Building FIM 3.4 Facilities & Bldg. Maintenance Mgt. Office FIM 3.15 Fleet/Transportation Building FIM 3.17 Media Services/ Television Center FIM 3.18 Parks & Recreation Office FIM 3.20 Washington County District Courthouse FIM 3.21 Water & Sewer Office FIM 3.22 Yvonne Richardson Community Center FIM 3.23 Existing Police Headquarters .' Final Engineering • Controls drawings. • Development of equipment submittals. Demolition and Removal 1640 S Armstrong Ave 113 W Mountain St 125 W Mountain St 115 S Church St 1525 S. Happy Hollow 101 W Rock St 1455 S Happy Hollow 176 S Church St 2435 S Industrial Drive 240 E Rock St 100 Rock Street JCI will remove and properly dispose of existing control equipment as described below. Demolition of existing equipment will include the following (for details refer to each FIM section below): • Remove existing controllers impacted by this scope of work. • Remove existing supervisory controllers impacted by this scope of work. • Remove existing sensors, transmitters, control valves, and dampers impacted by this scope of work. • Remove existing control panels impacted by this scope of work. • Remove existing visible pneumatic tubing back to the nearest main and cap for areas impacted by this scope of work. Unexposed pneumatic tubing within walls will remain. Demolish pneumatic sensors and caulk holes that may be left in sheet metal due to demolition of pneumatic sensors. • Removal and proper disposal of existing units in accordance with all local, state, and Federal laws in effect at the time of contract execution, unless the City choses to keep the equipment. • City shall indicate and mark any equipment or parts to be retained at least five (5) business days before scheduled removal. It shall be the City's responsibility to remove parts from existing equipment prior to demolition. Additionally, any equipment to be retained by City shall be placed by JCI in a designated location on each site for City removal. 6 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 151 Johnson Controls, Inc. — Proprietary 27 © 2022 Johnson Controls, Inc. Schedule 1 Installation Work FIM 3.0 — Scope Narrative Metasys Network Infrastructure with clarifications — Global • Metasys (ADS) Application Data Server Software (5 simultaneous users) and Programming (Qty-1) based on the following understandings: Installed as a virtual server on the customer network. Communication (BACnet IP) via customer intranet over Virtual Private Network (VPN). Server to use customer SQL Database License Customer I.T. department to allow remote access for JCI M&V (Measurement & Verification) and service techs for troubleshooting. • Use of City Existing Operator Workstations Metasys data server to be accessed via internet browser using existing notebooks and/or desktop computers. BAS can be accessed using tablets and mobile smart phone via Metasys UI (User Interface) included in the Metasys server software package Lot System Graphics (Global — Listed Buildings) Includes floor plan graphics with HVAC equipment locations Includes dynamic system graphics for connected equipment FIM 3.1 Animal Shelter Main Building • Network Infrastructure Provide and install one (1) BACnet router panel complete with internet connection and 120V power to the panel. Field devices and controllers will be connected to this panel via a BACnet MS/TP communication cable. • DX Split System units (Qty-4) Install new TECs to replace the existing thermostats. Install new communication cabling to the TEC for each split DX unit and RTU. Install remote supply air temperature sensor and a new communication cabling to the TEC for each unit. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. Kennel • Network Infrastructure Provide and install one (1) BACnet router panel complete with internet connection and 120V power to the panel. All field devices and controllers will be connect to this panel via a BACnet MS/TP communication cable. • New DOAS/ERV: BACNet Integration • DX Split System units (Qty-2) Install new TECs to replace the existing thermostats. Install remote supply air temperature sensor and a new communication cabling to the TEC for each unit. • PTACs, Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 28 © 2022 Johnson Controls, Inc. Schedule 1 Clinic • Network Infrastructure Provide and install one (1) BACnet router panel complete with internet connection and 120V power to the panel. Field devices and controllers will be connected to this panel via a BACnet MS/TP communication cable. • Install new TECs to replace the existing thermostats for the two (2) split DX units. Install remote supply air temperature sensor and a new communication cabling to the TEC for each split DX unit. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. FIM 3.2 City Hall' City Hall — Building to be unoccupied during the renovation (4-10 workdays allowed) • Network Infrastructure Install one (1) BAS supervisory network engine (SNE) panel in mechanical room 229. Install power to the panel, connect BACnet IP to the SNE/SNC and a BACnet MS/TP cable that communicates to the new controllers. Install (JC-WRGKIT-0) Gateways, as required, complete with 120V power to the panel. Install wireless repeaters, as required. BAS Scope Roof Overview: • Install BACnet MS/TP communication cables from VFD to the SNE with the following additional 1/0, as follows: Supply fan VFD Status via Current Sensor Relay Supply fan VFD speed feedback status Supply fan VFD Fault/Alarm status Supply fan speed control signal • New heat pump fluid cooler to replace the existing heat pump fluid cooler located on roof. Disconnect the old cooling tower controls and connect new controls to the new Fluid Cooler Install a new communication cabling new Fluid Cooler VFD Hardwire Start/Stop/Status and speed control to Fluid Cooler VFD • New package boiler with factory controls (BACnet). Install package Boiler field control devices, as required Disconnect old boiler controls and connect new controls to the new package Boiler Install new BACnet communication cabling to package Boiler control panel • New package (DOAS) with factory BACnet controls Disconnect old Make-up Air Unit controls and connect/wire new controls to the new Make-up Air Unit Install new BACnet communication cabling to package DOAS factory control panel Install new combination supply temperature and humidity sensor Install new combination supply IAQ sensor 8 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 29 © 2022 Johnson Controls, Inc. Schedule 1 Ground Floor Mechanical Pump Room Equipment Overview: • Install new factory assembled control panel (120V) • Heat pump fluid cooler Fluid cooler supply and return temperature sensors ■ CWS-T ■ CWR-T Fluid cooler by-pass valve • Condenser water pumps (Qty-4) controls Install new pumps. Wire and install the VFDs Disconnect old controls and connect new controls to the new condenser pumps Provide VFDs ■ VFD (208-230V) 15 HP (Qty-2) ■ VFD (208-230V) 7.5 HP (Qty-2) Condenser Differential Pressure Transmitters (Qty-1) Hot Water Differential Pressure Transmitters (Qty-1) BAS to install BACnet MS/TP communication cables from VFDs (Qty-4) to the SNE with the following additional 1/0, as follows: ■ Pump VFD Status via Current Sensor Relay ■ Pump VFD speed feedback status ■ Pump VFD Fault/Alarm status • Heat Exchanger Install new hot water side entering and leaving temperature sensors ■ HWS-T ■ H W R-T Install condenser side loop supply and return temperature sensors ■ LCWS-T ■ LCWR-T Install Mixing valve (3-way) Building Interior HVAC Equipment Overview: • Heat Pump Air Conditioning Variable Volume units (Qty-3): New package Heat Pump Air Conditioning Units Variable Volume (AC-1, 2 & 3) with factory controls (BACnet). ■ Disconnect old Heat Pump controls and connect/wire new controls to the new Heat Pump Unit ■ Install BACnet communication cabling to Heat Pump Air Conditioning Unit control panels and connect to SNE ■ Install new duct pressure sensor (2/3 of the distance of duct run) ■ Install new duct high pressure high limit sensor ■ Install new supply temperature sensors ■ Install new combination return temperature & humidity sensors • Fan Powered VAV units (Qty-35) Metasys Wireless: Replace existing controls for the existing Fan Powered VAV units: ■ New 2-way reheat control valves ■ Replace space temperature sensor for each terminal unit. ■ Install supply air temperature in each terminal unit. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 30 © 2022 Johnson Controls, Inc. Schedule 1 ■ Install new fan relay for each terminal unit. ■ Reuse existing control transformer • Ground Level Cabinet Wall Mount Heat Pumps (Qty-19) Wireless TEC. Replace existing controls for the existing Wall Mounted Heat Pumps units: ■ Install TEC network thermostats to wall mounted cabinet Heat Pumps. • Ground Level Cabinet Computer Room Split System (Qty-1) Wireless TEC. • Install TEC to replace the existing thermostat for the one (1) split system DX unit serving the computer room. Install a new communication cabling to the TEC • Ground & First Floor Water Source Heat Pumps - East Side Bump -out expansion areas (Qty-2) Wireless TEC: Install TEC to replace the existing thermostat for two (2) split system DX Heat Pumps units serving IT areas. Install a new communication cabling to the TEC FIM 3.3 Development Services Building (BACnet Wireless TEC) • Network Infrastructure Install one (1) BAS supervisory network engine (SNC) panel copy room #104 where BAS panel is shown or Mech Drawings. Install power to the panel, connect BACnet IP to the SNC and a BACnet MS/TP cable that communicates to the new controllers. Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway in Elec/Mech Roon#124. Install 120V power to the panel Gateway. Install wireless repeaters, as required. • RTU VVT to be controlled by SNC: Install BACnet MS/TP communication cables from RTU-1 factory controller to the SNC and the following additional 1/0, as follows: ■ Supply fan Start/Stop/Status via combination current Sensor Relay • Supply air temperature sensor ■ Install new Duct Static Pressure Transmitter ■ Install new Duct Static Pressure High Limit. • Install new hardwired VVT TECs to replace the existing controls for the three (3) VVT boxes with discharge air temp sensors. Install damper actuator, 24 VAC power and a new communication cabling to the TEC for each VVT box. • Install new BACnet Wireless TECs to replace the existing thermostats for the seven (7) RTUs. Provide with a supply air temperature sensor for each unit. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. FIM 3.4 Facilities & Bldg. Maintenance Mgt. Office (BACnet Wireless TEC) • Network Infrastructure Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway panel in upper mezzanine I.T. room access via pull down stairs. Install 120V power to the panel. Install wireless repeaters, as required. • Provide and install new BACnet Wireless TEC thermostats to replace the existing thermostats for the five (5) DX split systems complete with a supply air temperature sensor for each unit. • Provide and install new BACnet Wireless TEC thermostats to replace the existing thermostat for the one (1) RTU package unit complete with a supply air temperature sensor. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 31 © 2022 Johnson Controls, Inc. Schedule 1 FIM 3.15 Fleet/Transportation Building (BACnet Wireless TEC) • Network Infrastructure Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway in first floor I.T. room. Install 120V power to the panel Gateway. Install wireless repeaters, as required. • Provide and install new BACnet Wireless TEC thermostats to replace the existing thermostats for the four (4) package units complete with a supply air temperature sensor for each unit. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. FIM 3.17 Media Services/Television Building (BACnet Wireless TEC) • Network Infrastructure Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway in first floor I.T. room. Install 120V power to the panel Gateway. Install wireless repeaters, as required. • Provide and install new BACnet Wireless TEC thermostats to replace the existing thermostats for the five (5) DX split systems complete with a supply air temperature sensor for each unit. • Provide and install new BACnet Wireless TEC thermostats to replace the existing thermostats for the two (2) package units complete with a supply air temperature sensor for each unit. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. FIM 3.18 Parks & Recreation Office (BACnet Wireless TEC) • Network Infrastructure Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway in first floor I.T. room. Install 120V power to the panel Gateway. Install wireless repeaters, as required. • HVAC Package Units Provide and install new BACnet Wireless TEC thermostats to replace the existing thermostats for the two (2) package units complete with a supply air temperature sensor for each unit. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. FIM 3.20 Washington County Court House (Metasys Wireless Terminals) • Network Infrastructure Provide and install one (1) BAS supervisory network controller (SNC) panel in 1 st Floor AHU-1 equipment room complete with internet connection and 120V power to the panel. Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway in AHU-1 equipment room. Install 120V power to the panel Gateway. Install wireless repeaters, as required • Dual Duct System: Existing Package Hot Water Boiler (Qty-1) ■ Install 1/0 cables from SNC to the AERCO MLX 606 H MODULEX E8 CONTROLLER terminals (Metasys 1/0), as follows: B-1-ENA Install new RIB relay at boiler B-1-ALM E8 dry contact output Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 32 © 2022 Johnson Controls, Inc. Schedule 1 B-1 Setpoint E8 4-20 ma Input ■ Install (Metasys 1/0), as follows: HWS-T Strap -on sensor HWR-T Strap -on sensor RTU-1 Package Roof Top Unit (Qty-1 — Cool Deck) Install 1/0 cables from RTU factory controller to the SNC and additional 1/0, as follows: • Supply fan VFD Status via Current Sensor Relay ■ Supply fan VFD speed feedback status ■ Supply fan VFD Fault/Alarm status • Supply fan VFD speed control signal ■ Supply Air Temperature (Qty-4 — one per zone) Install from RTU-1 Exhaust Fan VFD to the SNC complete with: ■ Exhaust Fan Status Current Sensor Relay ■ Exhaust Fan speed feedback status ■ Exhaust Fault/Alarm status Install from AHU-1 Supply Fan VFD to the SNC and additional 1/0: ■ Reuse Hot Deck Hot Water Mixing Valve (Belimo) control. • Supply Fan Status Current Sensor Relay ■ Supply Fan speed feedback status ■ Supply Fault/Alarm status Supply Air Temperature (Qty-4 — one per zone). Install new Building Static Pressure Transmitter Install new Duct Static Pressure Transmitter (Qty-4) 2/3 of duct run. Install new Duct Static Pressure High Limit (Qty-2) • Dual Duct Terminal Units (Qty-23) Metasys Wireless Install new Metasys wireless controls for twenty-three (23) dual duct VAV boxes to replace the existing controls. ■ Includes DDC Controller with integral actuator. Re -terminate existing airflow sample tubing to controller. Install remote actuator on the heating and CVM controller on cooling duct dampers. ■ Replace existing zone sensor with new sensor ■ New Discharge Air Duct temperature ■ Reuse existing control transformer • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. FIM 3.21 Water & Sewer Office - Main Building (Metasys Wireless Terminals) • Network Infrastructure Provide and install one (1) BAS supervisory network controller (SNC) panel in the boiler mechanical room complete with internet connection and 120V power to the panel. Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway in AHU-1 equipment room. Install 120V power to the panel Gateway. Install wireless repeaters, as required • Hot Water System DDC Control Retrofit Controlled by (SNC) supervisory network controller ■ Re -terminate existing Input/Output control cabling: Replace Hot Water Supply/Return Temperature (reuse wells) (Qty-2) Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 33 © 2022 Johnson Controls, Inc. Schedule 1 Boiler Status — reuse contact (Qty-1) Boiler Alarm — reuse contact (Qty-1) Boiler Enable Relay (Qty-1) Hot Water Pump Start/Stop/Status via Current Sensor Relay (Qty-2) Hot Water Pump Status via existing differential pressure switches (Qty-2) • RTU-1 Package Roof Top Unit (Qty-1) Install BACnet MS/TP communication cables from RTU-1 factory controller to the SNC and the following additional 1/0, as follows: ■ Install from RTU-1 Supply Fan VFD to the SNC complete with: Supply fan Start/Stop/Status Current Sensor Relay Supply fan speed feedback status Fault/Alarm status ■ Install from RTU-1 Relief Fan VFD to the SNC complete with: Relief fan Start/Stop/Status Current Sensor Relay Relief fan speed feedback status Fault/Alarm status ■ Install new Building Static Pressure transmitter. ■ Install new Duct Static Pressure Transmitter ■ Install new Duct Static Pressure High Limit. • Variable Volume Terminal Units (Qty-19) New Metasys wireless controls to replace the existing controls. Includes DDC Controller with integral actuator. Re -terminate existing airflow sample tubing to controller Replace existing zone sensor with new sensor New discharge Air Duct temperature sensor New Hot water re -heat control valves Reuse existing control transformer • Reuse existing 24VAC control transformers • Unit heaters, exhaust fans, fin tube radiators and ventilation fans will remain in service unchanged and not connected to the Metasys system. FIM 3.22 Yvonne Richardson Community Center (Metasys Wireless Terminals) • Network Infrastructure Install one (1) WRG 1830 (JC-WRGKIT-0) Gateway in first floor mechanical room. Install 120V power to the Gateway. Install wireless repeaters, as required • Package Units (Qty-1) Provide and install new BACnet Wireless TEC thermostat (locate in Mechanical Room with flat wall plate sensor in the Gym area) to replace the existing thermostats for the one (1) package units complete with a supply air temperature sensor for each unit. • Split System Units (Qty-1) Provide and install new BACnet Wireless TEC thermostats to replace the existing thermostats for the one (1) DX split systems complete with a supply air temperature sensor for each unit. • Unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 34 © 2022 Johnson Controls, Inc. Schedule 1 FIM 3.23 Existing Police Headquarters' • Network Infrastructure Provide and install one (1) BAS supervisory network controller (SNC) panel in mechanical room #254 complete with internet connection and 120V power to the panel. Install two (2) WRG 1830 (JC-WRGKIT-0) Gateway. Proposed locations: ■ One in AHU-1 equipment room #254. ■ One in I.T. room #108 ■ Install 120V power to each Gateway. ■ Install wireless repeaters, as required • HVAC AHU-1 Package Unit (Qty-1) DX cooling and Gas Heat Unit controlled by the SNC with the following 1/0, as follows: ■ Supply fan Start/Stop/Status Current Sensor Relay • Space Temperature Sensor ■ Supply air temp sensor ■ Return air temperature sensor • HVAC AHU-2 Package Unit (Qty-1) Metasys Wireless Provide and install new one (1) control panel in roof top unit control panel or AHU-2 mechanical room. Roof top AHU-2 package Unit with DX cooling and Gas Heat complete controls with supply air temp sensor, mixed air sensor, and return air temperature sensor. • Roof Top Units (RTU-1,2,3,4,5 & 6 - Qty-6) TEC Wireless Provide and install new BACnet Wireless TEC thermostat to replace the existing thermostats for the six (6) package units complete with a supply air temperature sensor for each unit. • Liebert computer room unit controls will remain in service un-changed. • Cabinet Heaters, duct furnaces, unit heaters, exhaust fans, and ventilation fans will remain in service unchanged and not connected to the Metasys system. Inclusions and Assumptions • Start-up and test impacted systems to document devices are functioning. Non-functioning devices will be brought to the attention of the owner for correction. • Program new controllers. • New controls will be programmed using the newly defined control strategies and sequences of operation, as per Schedule 2, Section V. • BAS programming and front-end graphics. Exclusions • Repair or replacement of defective mechanical, electrical and/or controls equipment, and the electrical distribution system, other than the equipment specifically described in the FIM description. JCI will identify the location of defective equipment and notify the owner. • Engineering services, studies and analysis associated with any exclusions or work clearly outside of the scope definition. Resolution of existing HVAC design, service and or distribution conditions known or unknown. • Engineered drawings. • Test and balance of any air or water system. 9 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 35 © 2022 Johnson Controls, Inc. Schedule 1 • Repairs or upgrades required due to bring adjacent controls, electrical, and mechanical systems up to code. • Repairs to existing damaged areas, such as retiling and painting of floors, ceilings, and walls, unless specifically identified above. • Existing building ventilation conditions and indoor air quality issues are excluded from the scope and cost of this project. • Temporary space conditioning. • Resolution of existing design, service, and or distribution conditions known or unknown. Training • Up to (40) forty hours of BAS system training shall be provided during construction. Warranty • 1-Year workmanship guarantee beginning upon final acceptance of this FIM. • Manufacturer's stated warranties on equipment installed as part of this FIM. Closeout JCI shall provide the following closeout documents: • Product data for new equipment installed. • Warranty information for new equipment installed including any extended warranties. End of FIM 3.0: BAS Control Upgrades Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 36 © 2022 Johnson Controls, Inc. Schedule 1 FIM 4.0: Solar PV - Roof Mount This FIM includes the installation of new solar photovoltaic (PV) systems which will be located at the sites listed below. The systems will be connected via a net -metering agreement to the facility's meters. The new PV systems will reduce the net consumption of the City's facilities by producing electricity using solar energy. Blair Library10 401 West Mountain Street, Fayetteville, AR Roof Mount Recycling & Trash Complex 1560 S Happy Hollow Road, Fayetteville, AR Roof Mount Town Center" 15 West Mountain Street, Fayetteville, AR Roof Mount* New Police Head Quarters TBD, Fayetteville, AR Roof Mount *Does not include roof replacement cost. City to replace roof prior to Johnson Controls beginning installation of PV. Delays caused by the roof not being replaced may result in additional costs to the City. Final Engineering • Development of material and equipment submittals included in the Attachment 9 - Helioscopes. Demolition and Removal • Not applicable for this FIM. Installation Work • Furnish and install a Primary and Secondary Global Horizontal Pyranometers. • Provide connections to the Data Acquisition System. Blair Library 12 Furnish and install a flush roof mount solar array • Power capacity (kW -DC) measured at the inverter(s) input: 176.4 kW -DC • Power capacity (kW -AC) measured at the electrical interconnection point: 133.2 kW -AC • (392) — Boviet Solar, 450-watt bifacial modules or equivalent • (2) - SolarEdge 133.2kW 480V inverters or equivalent • Unirac roof mount system with S-5 Standing Seam A or equivalent • Description of the point of interconnection with the electricity distribution system: The proposed point of interconnection is to be 480V within the existing switchgear. • Description of the mounting and structural support systems for the system: The racking system will be a flush mounted racking system with an azimuth of 190 degrees. Attachment method is to be non -penetrating S-5 Clamps on the standing seams of the roof. Recycling & Trash Complex Furnish and install a flush roof mount solar array • Power capacity (kW -DC) measured at the inverter(s) input: 100.8 kW -DC • Power capacity (kW -AC) measured at the electrical interconnection point: 100.0 kW -AC • (224) — Boviet Solar, 450-watt bifacial modules or equivalent 10 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 11 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 12 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 37 © 2022 Johnson Controls, Inc. Schedule 1 • (1) - SolarEdge 100.OkW 480V inverters or equivalent • Unirac roof mount system with S-5 Standing Seam attachments or equivalent • Description of the point of interconnection with the electricity distribution system: The proposed point of interconnection is to be 480V within the existing switchgear. • Description of the mounting and structural support systems for the system: The racking system will be a flush mounted racking system with an azimuth of 190 degrees. Attachment method is to be non -penetrating S-5 Clamps on the standing seams of the roof. Town Center" Furnish and install a flush roof mount solar array • Power capacity (kW -DC) measured at the inverter(s) input: 148.5 kW -DC • Power capacity (kW -AC) measured at the electrical interconnection point: 133.2 kW -AC • (330) — Boviet Solar, 450-watt bifacial modules or equivalent • (2) - SolarEdge 133.2kW 480V inverters or equivalent • Unirac roof mount system with S-5 Standing Seam attachments or equivalent • Description of the point of interconnection with the electricity distribution system: The proposed point of interconnection is to be 480V within the existing switchgear. • Description of the mounting and structural support systems for the system: The racking system will be a flush mounted racking system with an azimuth of 190 degrees. Attachment method is to be non -penetrating S-5 Clamps on the standing seams of the roof. New Police Headquarters Furnish and install a flush roof mount solar array • Power capacity (kW -DC) measured at the inverter(s) input: 134.1 kW -DC • Power capacity (kW -AC) measured at the electrical interconnection point: 100.0 kW -AC • (298) — Boviet Solar, 450-watt bifacial modules or equivalent • (1) - SolarEdge 100.OkW 480V inverters or equivalent • Unirac roof mount system with S-5 Standing Seam attachments or equivalent • Description of the point of interconnection with the electricity distribution system: The proposed point of interconnection is to be 480V within the existing switchgear. • Description of the mounting and structural support systems for the system: The racking system will be a flush mounted racking system with an azimuth of 190 degrees. Attachment method is to be non -penetrating S-5 Clamps on the standing seams of the roof. Inclusions and Assumptions • Required cranes and rigging in included, with coordination of street or parking lot traffic control and closures. • Installation to be performed to mechanical, electrical, and local, state, national installation and operational codes in effect at the time of contract execution. • Start-up, checkout, and verify operation and features per manufacturers' start-up and checkout procedures. 13 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 38 © 2022 Johnson Controls, Inc. Schedule 1 Exclusions • Repair or replacement of defective equipment, other than the equipment specifically described above. JCI will identify the location of defective equipment and notify the City. • Repairs or upgrades required due to bring adjacent controls, electrical, and mechanical and gas systems up to code. • Repairs to existing damaged areas, such as retiling and painting of floors, ceilings, and walls, unless specifically identified above. • Repairs/replacement of wiring or other electrical system components found to be corroded or rusted and unacceptable for installation of components or fittings required for installation other than what is specified in the scope of work. • Existing building ventilation conditions and indoor air quality issues are excluded from the scope and cost of this project. • Temporary power during tie in. • Engineering services, studies or analysis associated with any exclusions or work clearly outside of the scope definition. • Resolution of existing design, service, and or distribution conditions known or unknown. • Roof repairs other than those directly associated with this scope of work. • Roof structural upgrades not required for increased weight of less than 20%. • The warranty on materials installed as part of this FIM does not include labor beyond the 1-Year workmanship guarantee. Training • No training shall be provided for this FIM Warranty • 1-Year workmanship guarantee beginning upon final acceptance of this FIM. • Manufacturer's stated warranties on equipment installed as part of this FIM. Closeout JCI shall provide the following closeout documents: • Product data for new equipment installed. • Warranty information for new equipment installed including any extended warranties. End of FIM 4.0: Solar PV — Roof Mount Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 39 © 2022 Johnson Controls, Inc. Schedule 1 FIM 5.0: Water Conservation This FIM will replace the existing fixtures with new water -efficient fixtures. The intent of this measure is to reduce water consumption and wastewater production, as well as reduce heating energy used to produce hot water. The scope of work includes the one -for -one replacement of existing sanitary fixtures in restrooms, or the retrofit of existing fixtures and valves, to decrease water usage. Water fixtures will operate as before but consume less water. This measure includes retrofitting the following equipment to the corresponding flow rates: • Domestic plumbing retrofits. Toilets - replace and retrofit with 1.28 gallons per flush (gpf) fixtures. Sink faucets - replace and retrofit aerators to 1.5 and 0.5 gallons per minute (gpm) flow rates. Urinal flush valves - replace or retrofit with 1.0 gpf fixtures. Showerheads - replace or retrofit with 2.0 gpm showerheads. Building included in scope is provided in the table below. Detailed scope provided in Attachment 6 — Water Conversation Domestic Line -by -Line. Buildings Bryce Davis Park & Restrooms City Hall Development Services Gary Hampton Gordon Long Park & Restrooms Happy Hollow Complex - Fleet/Transportation Lake Fayetteville Lake Sequoyah Lewis Soccer Complex Mt Sequoyah Greenhouse & Office Police Headquarters Recycling & Trash Complex Senior Center Traffic Shop - Parks Veterans Memorial Park - Restroom Water & Sewer Office - S Industrial Dr West Shop White River Park Wilson Park Yvonne Richardson Community Center Final Engineering • Development of equipment submittals. Demolition and Removal • Removal and disposal of the existing domestic fixtures. Installation Work • Refer to Attachment 6 - Domestic Fixture Line -by -Line spreadsheet for comprehensive list of domestic plumbing fixture scope. Inclusions and Assumptions • Angle stop valves shall be re -used unless existing equipment has failed. Pricing includes up to 10% angle stop replacements. Performance Contract [Rev 151 Johnson Controls, Inc. — Proprietary 40 © 2022 Johnson Controls, Inc. Schedule 1 • Price includes the repair of up to 5% of broken flanges. • Shelf stock is included at 2% of domestic plumbing wear parts. Exclusions • Broken toilet flanges beyond 5% • Failed angle stop valves beyond 10%. • Broken carriers (for wall mount toilets and urinals) are not included in this price. • It is the owner's responsibility to provide water pressure to all plumbing fixtures in the range of 25 to 85 psi. Deviations from this range will require installation of booster pumps or pressure reducing valves external to the scope of work provided. • It is the owner's responsibility to ensure that plumbing infrastructure flow capacity (i.e. the ability for the water supply to meet peak demands of water use) is adequate to support a high -efficiency plumbing fixture retrofit. Additionally, liability for water hammer and other infrastructure related conditions are excluded from this scope of work. Should such conditions be identified or arise, JCI will work with City to provide potential solutions that would require a change order to this scope of work. • Painting, tile work, and wall repair outside of footprint related patching are excluded from our price. Pre- existing damage to walls or flooring will be brought to the attention of City and the best course of action will be determined. JCI will repair any damages caused by the installations. JCI will attempt to match the existing conditions, but where unique tile or paint is present it may require the owner to supply material. • Hazardous material removal or abatement (including asbestos, lead paint, etc.) is not included in the cost of this project and will be the financial responsibility of the City. • Does not include labor and materials to replace shutoff valves or repair main water valves that do not close completely or that will not fully reopen. • Does not include labor and materials to repair previously deteriorated plumbing not associated with the work defined in this scope. • Repair of existing faucets, sinks, shower handles, valves and sink basins or leaks. • JCI will not repair or replace corroded wall -hung toilet drain pipes unless specified. • Any and all ADA bathroom partitions, grab bars, extensions, sink faucet actuators, piping insulation, or other ADA requirements are hereby excluded from this proposal. JCI does not take responsibility for any existing or future ADA compliance issues and if required to modify bathrooms or fixtures to meet an ADA code this will be completed for an additional cost. Training • One (1) hour of on -site training for the irrigation controllers shall be performed during construction Warranty • 1-Year workmanship guarantee beginning upon final acceptance of this FIM. • Manufacturer's stated warranties on equipment installed as part of this FIM. Closeout JCI shall provide the following closeout documents: • Product data for new equipment installed. • Warranty information for new equipment installed including any extended warranties. End of FIM 5.0: Water Conservation Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 41 © 2022 Johnson Controls, Inc. Schedule 1 FIM 6.0: Building Envelope This FIM will install/repair weather-stripping and building sealing such as caulking, spray foam, etc. detailed in Attachment 7. Buildings included in scope is provided in the table below. Detailed scope provided in Attachment 7 — Building Envelope Scope Line -by -Line. Animal Shelter Building Maintenance and Facilities Management City Hall District Court Fayetteville Television Center Fire Marshall Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Fire Station #6 Fire Station #7 Marion Orton Recycling Drop Off Rangers Pantry Pet Food Bank Town Center 14 Final Engineering Development of material and equipment submittals included in the Attachment 7. Demolition and Removal Not applicable for this FIM. Installation Work Refer to Attachment 7 for line -by-line scope of work. Inclusions and Assumptions Weatherstripping The Weatherstripping, door sweeps, vertical sweeps on exterior doors, and in some locations, overhead doors are damaged and in disrepair allowing air infiltration into the space between the door and the frame. Over time this Weatherstripping develops gaps due to normal wear and tear. By replacing worn out Weatherstripping, energy savings can be realized due to reduced infiltration and thus, reduced load on the building HVAC equipment. In some cases, the Weatherstripping appears to be in good condition, but it is still not preventing air leakage as it is intended. We will repair or replace the Weatherstripping, door sweeps, and vertical sweeps as identified to minimize the amount of air leakage. Air Leakage/Penetrations Air leakage through the building envelope most often occurs where building envelope elements are connected. Leakage is typically a result of either improper design or construction, lack of maintenance, or normal degradation over the life of the building. We were able to identify numerous penetrations in the building envelope that consist mainly of cracks or openings at building connection points, holes, and pipe/mechanical penetrations. These openings in the building envelope need to be sealed to stop significant amounts of air leakage and energy losses. We propose to insulate, drywall if appropriate, and seal all identified penetrations and openings with the appropriate 14 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 42 © 2022 Johnson Controls, Inc. Schedule 1 polyurethane spray foam product and or premium urethanized elastomeric sealants to minimize or eliminate these sources of air leakage. Air Leakage/Windows Windows may be identified as a source of air leakage. Windows may have gasket seals that are failing and pulling away at the corners leaving in some cases a void. This may occur on the exterior and interior sides of the windows. Or there may be openings around the window frame or in the window frame itself. We seal all identified penetrations and openings with premium urethanized elastomeric sealants, and potentially wet seal the exterior (in some instances the interior) of the windows with DOWSILTm 795 Silicone Building Sealant. Conduction/Insulation Conduction is the transfer of heat through a material. Heat is transferred directly in and through a material. Conduction occurs as adjacent molecules pass thermal energy between them and requires that surfaces touch to transfer energy. Conduction is minimized by adding layers to trap air spaces and putting low -conductivity materials (such as insulation) in those spaces. We install various insulation types and or appropriate polyurethane spray foam product in areas where it is identified to be missing and or add insulation to areas that are identified to require an additional R-value (when warranted by payback). Areas may include vertical walls, ceilings, and foundation framing. Exclusions • Removal of Caulking, Coatings, Mastics, Flashings, Insulation or any other materials unless clearly specified. • Repair or replacement of existing exterior doors and windows is excluded in this scope of work other than as described in scope. If any doors are found to be inoperable, or windows are found to be broken, JCI will report the deficiency to the City for repair or replacement prior to JCI retrofitting the seals. • Repair or replacement of existing brick, masonry block or split face block. • Repair or replacement of existing attic space including rafters, ceiling or roof areas • Modifications required to due to existing code violations, including but not limited to the Americans with Disabilities Act (ADA) and egress, are the responsibility of the City. • Cutting, patching, sealing, and painting is excluded. • The scope of work does not include the repair or installation of windows or doors except as described above. • The scope of work does not include the repair or installation of any structural systems. Training • No training shall be provided for this FIM Warranty • 1-Year workmanship guarantee beginning upon final acceptance of this FIM. • Manufacturer's stated warranties on equipment installed as part of this FIM. Closeout JCI shall provide the following closeout documents: • Product data for new equipment installed. • Warranty information for new equipment installed including any extended warranties. End of FIM 6.0: Building Envelope Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 43 © 2022 Johnson Controls, Inc. Schedule 2 ASSURED PERFORMANCE GUARANTEE I. PROJECT BENEFITS A. Certain Definitions. For purposes of this Agreement, the following terms have the meanings set forth below: Annual Project Benefits are the portion of the projected Total Project Benefits to be achieved in any one year of the Guarantee Term. Annual Project Benefits Realized are the Project Benefits actually realized for any one year of the Guarantee Term. Annual Project Benefits Shortfall is the amount by which the Annual Project Benefits exceed the Annual Project Benefits Realized in any one year of the Guarantee Term. Annual Project Benefits Surplus is the amount by which the Annual Project Benefits Realized exceed the Annual Project Benefits in any one year of the Guarantee Term. Baseline is the mutually agreed upon data and/or usage amounts that reflect conditions prior to the installation of the Improvement Measures as set forth in Section IV below. Guarantee Term will be 20 years from the date which is the first day of the month next following the Substantial Completion date, subject to earlier termination as provided in this Agreement. Installation Period is the period beginning on JCI's receipt of City's Notice to Proceed and ending on the commencement of the Guarantee Term. Measured Project Benefits are the utility savings and cost avoidance calculated in accordance with the methodologies set forth in Section III below. Non -Measured Project Benefits are identified in Section II below. The Non -Measured Project Benefits have been agreed to by City and will be deemed achieved in accordance with the schedule set forth in the Total Project Benefits table below. City and JCI agree that: (i) the Non -Measured Project Benefits may include, but are not limited to, future capital and operational costs avoided as a result of the Work and implementation of the Improvement Measures, (ii) achievement of the Non -Measured Project Benefits is outside of JCI's control, and (iii) City has evaluated sufficient information to conclude that the Non - Measured Project Benefits will occur and bears sole responsibility for ensuring that the Non -Measured Project Benefits will be realized. Accordingly, the Non -Measured Project Benefits shall not be measured or monitored by JCI at any time during the Guarantee Term, but rather shall be deemed achieved in accordance with the schedule set forth in the Total Project Benefits table below. Project Benefits are the Measured Project Benefits plus the Non -Measured Project Benefits to be achieved for a particular period during the term of this Agreement. Total Project Benefits are the projected Project Benefits to be achieved during the entire term of this Agreement. B. Project Benefits Summary. Subject to the terms and conditions of this Agreement, JCI and Customer agree that Customer will be deemed to achieve a total of $4,653,344 in Non -Measured Project Benefits and JCI guarantees that Customer will achieve a total of $3,841,218 in Measured Project Benefits during the term of this Agreement, for Total Project Benefits of $8,494,562, as set forth in the Total Project Benefits table below. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 44 © 2022 Johnson Controls, Inc. Schedule 2 Total Project Benefits 15 0 Measured Utility Non -Measured Non -Measured Cost Avoidance* Utility Cost Avoidance" O&M Cost Avoidance" $24,737 $7,400 $0 Capital Cost Avoidance $2,721,006 Annual Project Benefits I $2,753,143 1 $147,542 $43,634 $28,535 $219,711 2 $151,403 $44,890 $29,391 $225,684 3 $155,367 $46,183 $30,273 $231,823 4 $159,437 $47,512 $31,181 $238,130 5 $163,615 $48,880 $50,288 $51,735 $32,117 $244,612 6 $167,905 $33,080 $251,273 7 $172,309 $34,072 $258,117 8 $176,831 $53,225 $35,095 $265,151 9 $181,473 $54,758 $36,147 $272,379 10 $186,240 $56,335 $37,232 $279,806 11 $191,134 $57,957 $38,349 $287,439 12 $196,158 $59,626 $39,499 $295,283 13 $201,317 $61,343 $40,684 $303,344 14 $206,614 $63,109 $41,905 $311,628 15 $212,053 $64,927 $43,162 $320,142 16 $217,637 $66,797 $44,457 $328,891 17 $223,371 $68,721 $45,790 $337,883 18 $229,259 $70,700 $47,164 $347,123 19 $235,304 $72,737 $48,579 $356,620 20 $241,512 $74,832 $50,037 $366,380 Total $3,841,218 $1,165,589 I $766,749 I $2,721,006 $8,494,562 * Utility Cost Avoidance figures in the table above are based on anticipated increases in unit energy costs as set forth in the table in Section IV below. Operations & Maintenance Cost Avoidance are Non -Measured Project Benefits. Operations & Maintenance Cost Avoidance figures in the table above are based on a mutually agreed fixed annual escalation rate of three (3%). *' Capital Cost Avoidance is as described elsewhere and reflects funds allocated by the City to pay for these improvements. Within sixty (60) days of the commencement of the Guarantee Term, JCI will calculate the Measured Project Benefits achieved during the Installation Period plus any Non -Measured Project Benefits applicable to such period on a prorated basis and advise City of same. Any Project Benefits achieved during the Installation Period may, at JCI's discretion, be allocated to the Annual Project Benefits for the first year of the Guarantee Term. For the first 10 years of the Guarantee Term, within sixty (60) days of the anniversary of the commencement of the Guarantee Term, JCI will calculate the Measured Project Benefits achieved for the applicable year plus any Non -Measured Project Benefits applicable to such period and advise City of same. Because there are no annual M&V Services included beyond Year 10 of the Guarantee Term, the final M&V report at the conclusion of Year 10 will also summarize Total Project Benefits to be achieved through the Guarantee Term. As such, JCI will calculate Project Benefits for each year of the Performance Period from years 11 through 20 by applying Year 10 measurements to the annual base rates, escalated by mutually agreed escalation rates listed in Section IV below. JCI reserves the 15 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 45 © 2022 Johnson Controls, Inc. Schedule 2 right to recalculate Project Benefits achieved in any Year after Year 10 in lieu of using Year 10 results as the basis for benefits for the remainder of the Guarantee Term at no cost to City. City acknowledges and agrees that if, for any reason, it (i) cancels or terminates receipt of M&V Services, (H) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of its responsibilities necessary to enable JCI to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability hereunder. C. Project Benefits Shortfalls or Surpluses. Project Benefits Shortfalls. If an Annual Project Benefits Shortfall occurs for any one year of the Guarantee Term during the first 10 years, JCI shall, in collaboration and faithful negotiation with City and in any combination, (a) set off the amount of such shortfall against any unpaid balance City then owes to JCI, (b) pay to City the amount of such shortfall, or (c) subject to City's agreement, provide to City additional products or services, in the value of such shortfall, at no additional cost to City. Because there are no required future annual measurements after Year 10 of the Guarantee term, if a Project Benefits Shortfall occurs at the conclusion of the Year 10 M&V, the measurements performed during Year 10 will establish the projected performance for each year of the Guarantee Term from Years 11 through 20. As such, JCI will also calculate the shortfall for each year of the Performance Period from years 11 through 20 by applying Year 10 measurements to the annual base rates, escalated by mutually agreed escalation rates listed in Section IV below. Unless JCI and the City agree to additional improvements per section (iii) below, this payment will be due within 60 days of each anniversary of the commencement of the Guarantee Term. ii. Project Benefits Surpluses. Any annual Project Benefit Surplus will be retained by Customer. iii. Additional Improvements. Where an Annual Project Benefits Shortfall has occurred, JCI may, subject to City's approval (which approval shall not be unreasonably withheld, conditioned, or delayed), implement additional Improvement Measures, at no cost to City, which may generate additional Project Benefits in future years of the Guarantee Term. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 46 © 2022 Johnson Controls, Inc. Schedule 2 II. NON -MEASURED PROJECT BENEFITS Non -measured project benefits from the following Improvement Measures are detailed below: Year 1 Non -Measured Benefits Lighting Upgrades $1,240 HVAC Upgrades 16 $32,642 $27,295 Building Envelope $10,627 Total $43,269 $28,535 $185,385 FIM 1.0: Lighting Upgrade Material Savings Non -measured savings associated with LED Lighting Upgrades include material savings for replacement bulbs and ballasts. The new lamps and drivers are expected to fail at a lesser rate than the existing lamps and ballasts, as the rated life of the new lamps and fixtures (in most cases) is greater than the rated life of the existing equipment. Material warranties of the proposed equipment are also factored into the savings calculations. Below are the equations used to calculate the annual material savings for each type of fixture. Lamp Unit Cost per Hour = Average Lamp Cost + Average Lamp Life. Ballast Unit Cost per Hour = Average Ballast Cost + Average Ballast Life. Driver Unit Cost per Hour = Average Driver Cost + Average Driver Life. Existing Annual Lamp Material Cost = Existing Burn Hours x Quantity of Lamps x Lamp Unit Cost per Hour. Existing Annual Ballast Material Cost = Existing Burn Hours x Quantity of Ballasts x Ballast Unit Cost per Hour. Proposed Annual Lamp Material Cost = Existing Burn Hours x Quantity of Lamps x Lamp Unit Cost per Hour. Proposed Annual Driver Material Cost = Existing Burn Hours x Quantity of Drivers x Driver Unit Cost per Hour. Proposed Annual Material Cost = Proposed Burn Hours x ((Quantity of Lamps x Lamp Unit Cost per Hour) + (Quantity of Drivers x Driver Unit Cost per Hour)). Annualized Project Term Material Savings = ((Project Term x (Existing Annual Lamp Material Cost + Existing Annual Ballast Material Cost)) - ((Project Term - Proposed Lamp Warranty Period) x Proposed Annual Lamp Material Cost) + ((Project Term - Proposed Driver Warranty Period) x Proposed Annual Drier Material Cost))) = Project Term. $1,240 16 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 47 © 2022 Johnson Controls, Inc. Schedule 2 FIM 2.0: HVAC Upgrades Utility Savings The savings for this FIM will be verified through operational verification. The savings for this FIM are generated through a reduction in energy consumption for the installed HVAC system; therefore, the measurement boundary is the HVAC system itself. JCI will install high -efficiency HVAC systems listed in Schedule 1. Buildings included as part of this FIM, and the number of units are summarized below: Animal Shelter City Hall" Development Services Facilities Management Fayetteville Senior Center Fire Station 1 Fire Station 7 Fleet Transportation Media Center Parks and Recreation Police HQ 1a Richardson Community Center Town Center 19 Water -Sewer Offices I 6 I 18 6 5 6 3 2 2 1 1 8 I 1 4 1 The pre -retrofit cooling efficiencies of each unit are based on product data, age, observed conditions, and engineering judgment. This value was not measured due to the cost associated with taking accurate field measurements, and measurement cost would not be feasible for the small amount of savings associated with this FIM. The values are detailed in the calculation in Attachment 8 and are agreed to by the City and JCI for the term of the contract. Cooling Efficiency See Attachment 8 (EER)The post -retrofit cooling efficiencies for each unit will be verified by utilizing the manufacturer's EER rating for each new unit. This value will not be measured due to the cost associated with taking accurate field measurements, and measurement cost would not be feasible for the small amount of savings related to this FIM. However, JCI is not responsible for the loss of savings resulting from City -directed changes in operation, system overrides, or lack of maintenance. The savings will be updated based on the post -retrofit efficiencies for the installed units. The pre -retrofit heating efficiencies of each unit are based on product data, age, Heating Efficiency See Attachment 8 observed conditions, and engineering judgment. This value was not measured due to the cost associated with taking accurate field measurements, and measurement cost would not be feasible for the small amount of savings 17 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 18 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 19 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 48 © 2022 Johnson Controls, Inc. Schedule 2 associated with this FIM. The values are detailed in the calculation in Attachment 8 and are agreed to by the City and JCI for the term of the contract. The post -retrofit heating efficiencies for each unit will be verified by utilizing the manufacturer's efficiency rating for each new unit. This value will not be measured due to the cost associated with taking accurate field measurements, and measurement cost would not be feasible for the small amount of savings related to this FIM. However, JCI is not responsible for the loss of savings resulting from City -directed changes in operation, system overrides, or lack of maintenance. The savings will be updated based on the post -retrofit efficiencies for the installed units. The cooling demand diversity factor accounts for loads being less than the Cooling Demand installed capacity on an annual basis. The diversity factor is based on Diversity Factor See Attachment 8 engineering judgment and is used to ensure baseline energy is not greater than utility bills. These values are agreed to by the City and JCI; and will not be measured. The heating diversity factor accounts for loads being less than the installed Heat Diversity See Attachment 8 capacity on an annual basis. The diversity factor is based on engineering Factor judgment and is used to ensure baseline energy is not greater than utility bills. These values are agreed to by the City and JCI; and will not be measured. Cooling and Heating The cooling and heating EFLH hours are determined by building. The run hours Equivalent Full Load See table below are based on an energy balance with the utility bills; conducting staff interviews; Hours (EFLH) and site observations. The values are shown in the table below and are agreed to by the City and JCI for the term of the Agreement. Savings Methodology for the Unitary Equipment Replacements The table below shows the cooling and heating Equivalent Full Load Hours (EFLH) used to determine kWh savings. These values are based on the documented operating hours for the facilities and local weather data. Pre and Post -Retrofit Equivalent Full Load Hours (EFLH) 1501 2181 7Aniaelter 1501 2181 1070 1549 Development Services 1501 1185 Facilities Management 1501 2181 Fayetteville Senior Center 1501 1791 Fayetteville Town Center Exhibition Hall 1501 I 1791 Fire Station 1 1732 2181 Fire Station 7 1732 I 2181 Fleet Transportation 1561 1791 Greenhouse and Office 1501 2181 Media Center 1501 1185 Parks and Recreation 1501 1791 Police HQ 1501 1185 Richardson Community Center 1274 1791 Water -Sewer Offices 1501 1791 Demand (kW) Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 49 © 2022 Johnson Controls, Inc. Schedule 2 Annual kW Saving = Design Capacity x Cooling Demand Diversity Factor x {1 / Exist. EER — 1 / Prop. EER} x 12 x 8 months/year Energy (kWh) Existing Cooling kWh = Design Capacity x 12000 x (1 / Exist. EER) x (1 / 1000) x Cooling EFLH Future Cooling kwh = Design Capacity x 12000 x (1 /Prop. EER) x (1 / 1000) x Cooling EFLH Total kWh Saved = (Existing Cooling kWh - Future Cooling kwh) Pre -Retrofit Elec Heating kwh = Electric Heat kW x Heat Diversity Factor x Pre -Retrofit Heating FLH Post -Retrofit Elec Heating kwh = Electric Heat kW x Heat Diversity Factor x Post -Retrofit Heating FLH Pre -Retrofit Heat Pump Heating kwh = Heat Pump kBtu Cap x 0.293 x Diversity Factor/Heat Pump COP * Pre - Retrofit Heating FLH Post -Retrofit Heat Pump Heating kwh = Heat Pump kBtu Cap x 0.293 x Diversity Factor/Heat Pump COP Post -Retrofit Heating FLH Total kWh Saved = (Pre -Retrofit Cooling kWh - Post -Retrofit Cooling kwh) + (Pre -Retrofit Elec Heating kwh - Post -Retrofit Elec Heating kwh) + (Pre -Retrofit Heat Pump Heating kwh - Post -Retrofit Heat Pump Heating kwh) where: Design Capacity = Total cooling capacity in tons Cooling EFLH = Cooling equivalent full -load hours shown in table above. Heating EFLH = Heating equivalent full -load hours shown in table above. Energy (CCF) Existing Heating CCF = Gas Heating Input x (1 / Exist. Gas Heating EM x Heating EFLH x (111030000) Future Heating CCF = 0 Total CCF Saved = Existing Heating CCF - Future Heating CCF where: Gas Heating Input = Gas heating capacity in Btu/hr Heating EFLH = Heating equivalent full -load hours shown in Table above. Non -measured benefits associated with FIM include utility savings for replacing the unitary equipment. The savings are based on the high efficiency of the newly installed HVAC equipment. There will be a 3% escalation of the Non - measured benefits annually over the term that the avoided costs are reported. JCI Responsibilities Installation Period M&V Activities During installation period, the post -retrofit M&V activities will consist of a visual inspection of the equipment installation, operational verification of the equipment, and verifying the efficiency rating of the installed equipment. For the DX units, the post -retrofit efficiencies for each unit will be verified by reviewing the manufacturer's performance sheet from the actual submittal for the installed new unit. It is agreed that the performance measurements taken at the factory for certification and sound manufacturing procedures are sufficient to prove that the installed equipment is capable of performing at published performance levels. The verified post -retrofit efficiencies based on the manufacturer's performance sheet will be utilized to update the savings calculations. City's Responsibilities City assumes all operational and maintenance responsibilities for this FIM. City is responsible for performing preventative maintenance on the equipment as per the manufacturer's guidelines. In the event that the units fails or needs repairs, City is responsible for repairing/replacing the equipment, either by use of its own maintenance staff or through a separate contract with either JCI, or a third -party mechanical repair contractor. City is also responsible for ensuring all strategies and sequences established during the installation of this FIM remain in place. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 50 © 2022 Johnson Controls, Inc. Schedule 2 FIM 2.0: HVAC Upgrades Operational Savings20 As part of the HVAC upgrades included in this Agreement, new HVAC equipment will be installed to replace units that require constant maintenance to maintain thermal comfort standards at several City buildings. The City has acknowledged and agreed that replacing these units will save them the non -measured project benefits as associated with FIM 2.0 HVAC Upgrades shown in the tables below escalated at 3% annually. These values are based on historic annual expenditures and accepted avoided annual service costs from 2019. The City has acknowledged and agreed that replacing these units will save them the non -measured project benefits as associated with FIM 2.0 shown in the table below. 2.0 HVAC Upgrades $27,295 FIM 6.0: Building Envelope Utility Savings21 The savings for this FIM will be verified through operational verification. JCI will seal envelope cracks and wall penetrations to reduce the amount of air leakage through these openings. This measure will be verified by performing visual inspections to verify that the penetrations have been sealed. The heating degree days for Fayetteville, AR based on TMY3 data ! HDD 3,666 for that location and a balance temperature of 65°F. This value is Il agreed to by the City and JCI and will not be measured. The cooling degree days for Fayetteville, AR based on TMY3 data CDD 1,687 for that location and a balance temperature of 651F. This value is agreed to by the City and JCI and will not be measured. 0.8 (gas) I The total average efficiency of the heating systems serving the r Heat 3.17 (Heat pump spaces. This value is agreed to by the City and JCI and will not be COP) measured. The coefficient of performance of the cooling systems serving the COP 2.5 spaces. This value is agreed to by the City and JCI and will not be I measured. The baseline air leakage rate in cubic feet per minute. This value is cfmloss See Attachment 8 estimated based on existing leakage areas. This value is agreed to by the City and JCI and will not be measured. Savings Methodology for Building Envelope Air Infiltration 24 ExistinglnfiltrationHeatingLoss(Therms) = 1.08 x cfml,,, x HDD x x 100000 ?%Heat Existinglnf iltrationCoo ling Loss (kWh) = 1.08 x cfmloss x CDD x Futurein f iltrationHeatingLoss (Therms) 24 x 0.00029307107 COP = ExistinglnfiltrationHeatingLoss x (1 — InfiltrationReduction) Futurelnf iltrationCoolingLoss(kWh) = ExistinglnfiltrationCoolingLoss x (1 — InfiltrationPctReduction) ThermsSaving = ExistinglnfiltrationHeatingLoss — Futurelnf iltrationHeatingLoss WhSavings = ExistinglnfiltrationCoolingLoss — Futurelnf iltrationCoolingLoss 20 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 21 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 51 © 2022 Johnson Controls, Inc. Schedule 2 where cfmlossis the air leakage rate in cubic feet per minute, Non -measured benefits associated with FIM include utility savings for reducing building air leaks. The savings are based on the sealing envelope cracks and wall penetrations to reduce the amount of load on the HVAC system. There will be a 3% escalation of the Non -measured benefits annually over the term that the avoided costs are reported. JCI Responsibilities Installation Period M&V Activities During installation period, the post -retrofit M&V activities will consist of a visual inspection. It is agreed that the verification through visual inspections is sufficient to prove that the scope of work executed in Schedule 1 is performing. City's Responsibilities City assumes all maintenance responsibilities related to this FIM. Capital Cost Avoidance" The City had appropriated funds to update the infrastructure for the buildings included as part of this project. The City has agreed to make a one time cash payment toward the total project cost. This payment is outlined in the Total Project Benefits table above. $2,721,006 City agrees that the Non -Measured Project Benefits and Capital Cost Avoidance are reasonable and that the installation of the Improvement Measures will enable City to take actions that will result in the achievement of such Non -Measured Project Benefits and Capital Cost Avoidance. 22 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 52 © 2022 Johnson Controls, Inc. Schedule 2 III. MEASUREMENT AND VERIFICATION METHODOLOGIES The following is a brief overview of the measurement and verification methodologies applicable to the Improvement Measures set forth below. JCI shall apply these methodologies, as more fully detailed in the guidelines and standards of the International Measurement and Verification Protocol (IPMVP), in connection with the provision of M&V Services hereunder. Option A: Retrofit Isolation: Key Parameter(s) Measurement Measured Project Benefits are determined by partial field measurement of the energy use of the system(s) to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Partial measurement means that some but not all parameters will be measured. Careful review of the design and installation of Improvement Measures is intended to demonstrate that the stipulated values fairly represent the probable actual values. Agreed -upon values will be shown in the measurement and verification plan. Engineering calculations using measurements and stipulations are used to calculate Measured Project Benefits for the duration of the Guarantee Term. Measured Project Benefits from the following Improvement Measures will be calculated using Option A: M&V Plan Option A Summary Lighting Upgrades I A I One-time BAS Control Upgrade A Annual (Year 1 — 10) Water Conservation A One-time Option B: Retrofit Isolation: All Parameter Measurement Measured Project Benefits are determined by field measurement of the energy use of the systems to which an Improvement Measure was applied separate from the energy use of the rest of the facility. Short-term, long-term or continuous measurements are taken throughout the pre and post -retrofit periods. Engineering calculations using short term, long-term or continuous pre and post -retrofit measurements are used to calculate the Measured Project Benefits for the duration of the Guarantee Term. Measured Project Benefits from the following Improvement Measures will be calculated using Option B: 4 M&V Plan Option B Summary Solar PV — Roof Mount Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 53 © 2022 Johnson Controls, Inc. B Annual (Year 1 - 10) Schedule 2 Changes in Use or Condition; Adjustment to Baseline and/or Annual Project Benefits City agrees to notify JCI, within fourteen (30) days, of (i) any actual or intended change, whether before or during the Guarantee Term, in the use of any facility, equipment, or Improvement Measure to which this Schedule applies; (ii) any proposed or actual expansions or additions to the premises or any building or facility at the premises; (iii) a change to utility services to all or any portion of the premises; or (iv) any other change or condition arising before or during the Guarantee Term that reasonably could be expected to change the amount of Project Benefits realized under this Agreement. Such a change, expansion, addition, or condition would include, but is not limited to: (a) changes in the primary use of any facility, Improvement Measure, or portion of the premises; (b) changes to the hours of operation of any facility, Improvement Measure, or portion of the premises; (c) changes or modifications to the Improvement Measures or any related equipment; (d) changes to the M&V Services provided under this Agreement; (e) failure of any portion of the premises to meet building codes; (f) changes in utility suppliers, utility rates, method of utility billing, or method of utility purchasing; (g) insufficient or improper maintenance or unsound usage of the Improvement Measures or any related equipment at any facility or portion of the premises (other than by JCI); (h) changes to the Improvement Measures or any related equipment or to any facility or portion of the premises required by building codes or any governmental or quasi -governmental entity; or (i) additions or deletions of Improvement Measures or any related equipment at any facility or portion of the premises. Such a change or condition need not be identified in the Baseline in order to permit JCI to make an adjustment to the Baseline and/or the Annual Project Benefits. If JCI does not receive the notice within the time period specified above or travels to either City's location or the project site to determine the nature and scope of such changes, City agrees to pay JCI, in addition to any other amounts due under this Agreement, the applicable hourly consulting rate for the time it took to determine the changes and to make any adjustments and/or corrections to the project as a result of the changes, plus all reasonable and documented out-of-pocket expenses, including travel costs. Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI shall calculate and send to City a notice of adjustment to the Baseline and/or Annual Project Benefits to reflect the impact of such change or condition, and the adjustment shall become effective as of the date the change or condition first arose. Should City fail to promptly provide JCI with notice of any such change or condition, JCI may make reasonable estimates as to the impact of such change or condition and as to the date on which such change or condition first arose in calculating the impact of such change or condition, and such estimates shall be conclusive. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 54 © 2022 Johnson Controls, Inc. Schedule 2 FIM 1: LED Lighting Upgrades (Option A; One -Time) The savings for this FIM will be verified using IPMVP Option A, Retrofit Isolation with Key Parameter Measurement. The savings for this FIM are generated through a reduction in energy used by the lighting system; therefore, the measurement boundary is the lighting system itself. Key Parameter Fixture Power Draw One-time Pre; One - (kW) time Post The pre -retrofit power draws on a sample of fixtures and meeting the 80/20 sampling plan — assuming a coefficient of variance of 0.5 —will be measured using a true RMS meter during the development period. Fixtures with similar lamps and ballasts, counts and types were grouped with a lamp/ballast code. In some situations, such as when a certain type of lighting fixture was not available by itself on a switch, typical wattages as published by ANSI (American National Standards Institute) or manufacturer's specifications were used. The savings will be updated based on pre measurements. The post -retrofit wattage of the impacted fixtures will be measured one-time on a sample of fixtures meeting the same sampling criteria and methodology. The savings will be updated based on post measurements. The lighting system annual run hours by space type are agreed to be as shown in the table below. These run hours are based on the operating hours for the Burn Hours See Tables Below facilities and interviews conducted during development. These values will not be measured again. In cases where no controls are being installed the proposed burn hours will match the existing burn hours. The coincidence factor is estimated based on the number of fixtures in a space type expected to be operating at the same time during the on -peak period and is 0.1 — 1.0 agreed to remain at the same value after the retrofit. The factor is based on its Coincidence Factor (see table below) respective usage group type and can be found in Attachment 5. This factor is agreed upon and will only be lowered in the post -retrofit with sensor application. This estimate is based on overall operation and studies from similar area types. This value will not be measured. Proposed Lighting Burn Hours BuildingMaster Schedule Name Per List EXTERIOR Animal Clinic Animal Clinic Areas Usage Group Code E ProposedAll Description Burn Hours Controlled Assigned Burn Hours Exterior 4,380 4,380 Hours Reduction 0% 30% KEN Kennel 2,414 Mechanical/Electrical Rooms 302 1,690 ME 211 30% Animal Clinic PO Private Office 2,414 1,690 30% Animal Clinic RR Restroom 2,414 1,690 30% Animal Clinic ST Storage 603 422 30% Animal Shelter BR Break room 2,414 1,690 30% Animal Shelter HW Hallway 2,414 1,690 30% Animal Shelter KEN Kennel 2,414 1,690 30% Animal Shelter ME Mechanical/Electrical Rooms 302 211 30% Animal Shelter 00 Open Office 2,414 1,690 30% Animal Shelter PO Private Office 2,414 1,690 30% Animal Shelter RR I Restroom 1 2,414 1 1,690 30% Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 55 © 2022 Johnson Controls, Inc. Schedule 2 Master Schedule Name Per Building All Areas List Usage Group Description Code Animal Shelter ST Storage Existing Burn Hours Assigned 603 Proposed % Hours Controlled Reduction Burn Hours 422 30% Animal Shelter Kennel KEN Kennel 2,414 1,690 30% Animal Shelter Kennel ME Mechanical/Electrical Rooms 302 211 30% Animal Shelter Kennel RR Restroom 2,414 1,690 30% Animal Shelter Kennel ST Storage 2,414 1,690 30% City Hall BR Break room 3,470 2,429 30% City Hall BRAS Break room - Already Sensored 2,429 2,429 0% City Hall CL Classroom 1,760 1,232 30% City Hall CR Conference Room 2,011 1,408 30% City Hall CT Court Room/Trial Areas 1,207 845 30% City Hall HW Hallway 3,470 2,429 30% City Hall HWAS Hallway - Already Sensored 2,429 2,429 0% City Hall LO Lobby/Entry Vestibule 3,470 2,429 30% City Hall ME Mechanical/Electrical Rooms 503 352 30% City Hall 00 Open Office 3,470 2,429 30% City Hall WAS Open Office - Already Sensored 2,429 2,429 0% City Hall OS Office Support (copy room, coffee room, etc.) 3,470 2,429 30% City Hall PO Private Office 3,470 2,429 30% City Hall POAS Private Office - Already Sensored 2,429 2,429 0% City Hall RR Restroom 3,470 2,429 30% City Hall RRAS Restroom - Already Sensored 2,429 2,429 0% City Hall ST Storage 503 352 30% City Hall SW Stairwell 3,470 2,429 30% Fire ARFF Station GA Garage/Parking Decks 4,380 3,066 30% Fire ARFF Station HW Hallway 2,190 1,533 30% Fire ARFF Station KT Kitchen 4,380 3,066 30% Fire ARFF Station LQ Living Quarters/Bunk Rooms 730 511 30% Fire ARFF Station ME Mechanical/Electrical Rooms 365 256 30% Fire ARFF Station MP Multipurpose 1,095 767 30% Fire ARFF Station MPAS Multipurpose - Already Sensored 767 767 0% Fire ARFF Station RR Restroom 2,190 1,533 30% Fire ARFF Station ST Storage 730 511 30% Fire ARFF Station SW Stairwell 8,760 6,132 30% Fire Station GA Garage/Parking Decks 4,380 3,066 30% Fire Station KT Kitchen 4,380 3,066 30% Fire Station LQ Living Quarters/Bunk Rooms 730 511 30% Fire Station RR Restroom 2,190 1,533 30% Fire Station CIF Cafeteria 2,920 2,044 30% Fire Station HW Hallway 2,190 1,533 30% Fire Station ME Mechanical/Electrical Rooms 365 256 30% Fire Station MP Multipurpose 1,095 767 30% Fire Station MPAS Multipurpose - Already Sensored 767 767 0% Fire Station 00 Open Office 2,868 2,008 30% Fire Station POAS Private Office - Already Sensored 2,008 2,008 0% Fire Station RRAS Restroom - Already Sensored 1,533 1,533 0% Fire Station STAS Storage - Already Sensored 511 511 0% Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 56 © 2022 Johnson Controls, Inc. Schedule 2 Master Schedule Name Per Building All Areas Existing Proposed % Hours List Usage Group Code Description Burn Hours Assigned Controlled Reduction Burn Hours Fire Station SW Stairwell 8,760 6,132 30% Fire Station WS Workshop 3,024 2,117 30% Fire Station HWAS Hallway - Already Sensored 1,533 1,533 0% Fire Station LO Lobby/Entry Vestibule 2,190 1,533 30% Fire Station OOAS Open Office - Already Sensored 2,008 2,008 0% Fire Station ST Storage 730 511 30% Fire Station - Storage (Crossover) GA Garage/Parking Decks 4,380 3,066 30% Fire Station - Storage (Crossover) HW Hallway 2,190 1,533 30% Fire Station - Storage (Crossover) KT Kitchen 4,380 3,066 30% Fire Station - Storage (Crossover) LQ Living Quarters/Bunk Rooms 1,095 767 30% Fire Station - Storage (Crossover) 00 Open Office 2,868 2,008 30% Fire Station - Storage (Crossover) RR Restroom 2,190 1,533 30% Fire Station - Storage (Crossover) ST Storage 730 511 30% Gary Hampton ME Mechanical/Electrical Rooms 78 55 30% Gary Hampton RR Restroom 3,845 2,692 30% Gary Hampton ST Storage 313 219 1 30% Gary Hampton UT Utility/Janitor Closets 209 146 30% Happy Hollow Complex - BR Break room 2,011 1,408 30% F I e et/T ra n s p o rtat i o n CR 1,509 1,056 30% Happy Hollow Complex - Conference Room Fleet/Transportation Hallway Happy Hollow Complex - HW 3,017 2,112 30% Fleet/Transportation LR 1,006 704 30% Happy Hollow Complex - Locker Room Fleet/Transportation Happy Hollow Complex - ME Mechanical/Electrical Rooms 251 176 30% F I e et/T ra n s p o rta t i o n 00 Open Office 2,263 1,584 30% Happy Hollow Complex- Fleet/Transportation Happy Hollow Complex - PO Private Office 2,263 1,584 30% Fleet/Transportation RR Restroom 2,514 1,760 30% Happy Hollow Complex - F I e et/T ra n s p o rtat i o n Happy Hollow Complex - ST Storage 377 264 30% Fleet/Transportation SW 1,509 1,056 30% Happy Hollow Complex- Stairwell Fleet/Transportation Utility/Janitor Closets Happy Hollow Complex - UT 503 352 30% Fleet/Transportation WS 2,263 1,584 30% Happy Hollow Complex - Workshop F I e et/T ra n s p o rtat i o n INTERSECTION AREA LIGHITNG E Exterior 4,380 4,380 0% Lake Sequoyah Bait Shop RT Retail 2,112 1,478 30% Mt Sequoyah Greenhouse & Office HW Hallway 2,263 1,584 30% Mt Sequoyah Greenhouse & Office 00 Open Office 2,263 1,584 30% Mt Sequoyah Greenhouse & Office RR Restroom 2,263 1,584 30% Mt Sequoyah Greenhouse & Office ST Storage 503 352 30% Police Headquarters 24 24 Hours 1 8,760 1 6,132 30% Police Headquarters BR Break room 1 2,555 1 1,789 30% Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 57 © 2022 Johnson Controls, Inc. Schedule 2 Master Schedule Name Per Building All Areas List Usage Group Code Police Headquarters CR Existing Description Burn Hours Assigned Conference Room 1,877 Proposed % Hours Controlled Reduction Burn Hours 1,314 30% Police Headquarters HW Hallway 2,920 2,044 30% Police Headquarters LAB Laboratory 1,825 1,278 30% Police Headquarters LO Lobby/Entry Vestibule 5,110 3,577 30% Police Headquarters LR Locker Room 3,285 2,300 30% Police Headquarters ME Mechanical/Electrical Rooms 417 292 30% Police Headquarters 00 Open Office 4,015 2,811 30% Police Headquarters OS Office Support (copy room, coffee room, etc.) 3,285 2,300 30% Police Headquarters PO Private Office 3,650 2,555 30% Police Headquarters RR Restroom 4,015 2,811 30% Police Headquarters ST Storage 548 383 30% Police Headquarters SW Stairwell 2,190 1,533 30% Police Headquarters UT Utility/Janitor Closets 626 438 30% Police Headquarters X Exit Signs 8,760 8,760 0% Senior center DN Dining/Cafe 1,509 1,056 30% Senior center GYM Gymnasium 1,006 704 30% Senior center HW Hallway 2,263 1,584 30% Senior center KT Kitchen 1,760 1,232 30% Senior center LO Lobby/Entry Vestibule 2,263 1,584 30% Senior center ME Mechanical/Electrical Rooms 251 176 30% Senior center MP Multipurpose 1,896 1,327 30% Senior center OS Office Support (copy room, coffee room, etc.) 1,006 704 30% Senior center PO Private Office 2,011 1,408 30% Senior center RR Restroom 2,263 1,584 30% Senior center ST Storage 126 88 30% Veterans Memorial Park - Restroom RRAS Restroom - Already Sensored 2,692 2,692 0% Veterans Memorial Park - Restroom UT Utility/Janitor Closets 209 146 30% White River Park - Concessions/Restroom White River Park - Concessions/Restroom HW Hallway 2,891 2,024 30% RR Restroom 3,708 2,596 30% White River Park - Con cessions/Restroom ST Storage 302 211 30% Wilson Park - Office / Shop 00 Open Office 2,263 1,584 30% Wilson Park - Office / Shop PO Private Office 2,011 1,408 30% Wilson Park - Office / Shop RR Restroom 2,650 1,855 3006 Wilson Park - Office / Shop ST Storage 251 176 30% Wilson Pool Change Shelter BR Break room 1,207 845 30% Wilson Pool Change Shelter HW Hallway 2,816 1,971 30% Wilson Pool Change Shelter LRAS Locker Room 2,816 2,816 0% Wilson Pool Change Shelter ME Mechanical/Electrical Rooms 251 176 30% Wilson Pool Change Shelter 00 Open Office 2,263 1,584 30% Wilson Pool Change Shelter ST Storage 503 352 30% WWTP 24 24 Hours 8,760 1 6,132 30% WWTP LOW Low Hours - Less Than 5hr/Mo 52 37 30% WWTP BR Break room 1,460 1,022 30% Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 58 © 2022 Johnson Controls, Inc. Schedule 2 Master Schedule Name Per Building All Areas Existing Proposed % Hours List Usage Group Code Description Burn Hours Assigned Controlled Reduction Burn Hours WWTP CR Conference Room 521 365 30% WWTP HW Hallway 3,285 2,300 30% WWTP LAB Laboratory 2,190 1,533 30% WWTP ME Mechanical/Electrical Rooms 1,095 767 30% WWTP 00 Open Office 2,555 1,789 30% WWTP PO Private Office 1,929 1,351 30% WWTP POAS Private Office - Already Sensored 1,351 1,351 0% WWTP RR Restroom 2,190 1,533 30% WWTP RRAS Restroom - Already Sensored 1,533 1,533 0% WWTP ST Storage 365 256 30% WWTP SW Stairwell 1,460 1,022 30% WWTP UT Utility/Janitor Closets 391 274 30% WWTP WS Workshop 2,555 1,789 30% WWTP CL Classroom 521 365 30% WWTP DISP Display Case 261 183 30% WWTP LO Lobby/Entry Vestibule 1,043 730 30% WWTP LR Locker Room 1,825 1,278 30% Yvonne Richardson Community GYM Gymnasium 834 584 30% Center Yvonne Richardson Community HW Hallway 2,263 1,584 30% Center Yvonne Richardson Community LO Lobby/Entry Vestibule 2,263 1,584 30% Center ME 126 88 30% Yvonne Richardson Community Mechanical/Electrical Rooms Center Private Office Yvonne Richardson Community PO 2,263 1,584 30% Center RR 503 352 30% Yvonne Richardson Community Restroom Center Yvonne Richardson Community ST Storage 251 176 30% Center UT Utility/Janitor Closets 251 176 30% Yvonne Richardson Community Center Fire Station LQ-DIM Living Quarters/Bunk Rooms — 730 730 0% Existing Dimmer Police Headquarters CR-DIM Conference Room — Existing Dimmer 1,877 1,877 CL-DIM I Classroom — Existing Dimmer 521 521 0% WWTP 0% In cases where no controls are being installed the proposed burn hours will match the existing burn hours. Coincidence Factor Table Annual Lighting Runtime Less than 100 hrs/yr Coincidence Factor I 0% 50% Between 100 and 999 hrs/yr Between 1000 and 5999 hrs/yr 6000 hrs or greater Exterior (4380 hrs/yr) 90% 100% 10% Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 59 © 2022 Johnson Controls, Inc. Schedule 2 Equations for Calculating Lighting Retrofit Savings Demand (kW) kW Savings = Y_ [ (kW/Fixturepre x Quantitypre x Coincidence Factorpre - kW/Fixturepost x Quantitypost x Coincidence Factorpost)]u where: kW/fixturepre = lighting baseline demand per fixture for usage group u kW/fixturepost= lighting demand per fixture during post -retrofit period for usage group (measured) Quantitypre = quantity of affected fixtures before the lighting retrofit for usage group u Quantitypost = quantity of affected fixtures after the lighting retrofit for usage group u Coincidence Factoru = Coincidence Factor is a multiplier to account for peak demand of each specific usage group u Energy (kWh) kWh SavingsLightin9 = Y-o [kW/Fixturebaseline x Quantitybaseline x burn_hourspre- kW/Fixturepost x Quantitypost x burn_hourspost],U where: kW Savings = kilowatt savings realized during the post -retrofit time for usage group u Burn Hours = number of operating hours during the time period t for the usage group u JCI Responsibilities Installation Period M&V Activities Measurements for this FIM consist of pre and post -retrofit fixture wattages of a sample of impacted lighting fixtures, based on an 80% level of confidence with a 20% level of precision (80/20) and an assumed coefficient of variation of 0.5. Sample populations will be chosen by fixture type. Pre -Retrofit measurements will be conducted before installation. Post -Retrofit measurements will be conducted after installation of the fixtures is complete. A visual inspection of the occupancy sensors will be conducted to verify installation. Once the pre -retrofit and post -retrofit measurements have been conducted, JCI will update the savings tables with the actual measured data to calculate the actual energy savings for this FIM. No annual measurements will be conducted for this FIM. The pre -retrofit and post -retrofit burn hours for this FIM have been determined based on building occupancy and interviews with City Staff, and observations made during the lighting audits. It is agreed upon that these burn hours are reasonable and accurately reflect each facility's lighting system operation. The coincident factor is estimated based on the number of fixtures in a given space type assumed to be operating at the same time during the on -peak period and is agreed to remain at the same value after the retrofit. City's Responsibilities The City assumes all operational and maintenance requirements for this FIM. City will maintain the new fixtures as per manufacturer's guidelines. City will also ensure that all replacement ballasts and bulbs are like -for -like replacements. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 60 © 2022 Johnson Controls, Inc. Schedule 2 FIM 3.0: BAS Control Upgrade (Option A; Year 1 - 10) The electricity and natural gas savings for this FIM will be verified using IPMVP Option A, Retrofit Isolation with Key Parameter Measurement. The savings for this FIM are generated through a reduction in energy consumption for the HVAC system; therefore, the measurement boundary is the HVAC system itself. JCI will set the control schedules for HVAC equipment based on the temperature setpoints agreed upon with the City as shown in Section V. The pre -retrofit run hours are based on staff interviews, site observations of programs in thermostats, and an energy balance with the utility bills. The values are detailed in this calculation in Attachment 8 and are agreed to by the City and JCI for the term of the contract. The post -retrofit run hours are determined by conformance to the building occupancy schedules as listed in Section V below. Individual total run hours and associated EFLH for each building are shown in the calculation Pre and Post Unit One-time Pre, Attachment 8. Run Hours (as Annually Post scheduled) JCI will verify the contractual schedules are being implemented and operating properly using instantaneous observations and short-term trending reports provided in the annual report. JCI will review and identify variances in the schedule in comparison with contractual agreements. However, JCI is not responsible for loss of savings resulting from City -directed changes in schedules, system overrides, or lack of maintenance that result in schedules run hours beyond contract agreed upon values. The EFLH and associated Savings will be updated to reflect Post Retrofit measurements only if non- conformance in HVAC schedules is JCI responsibility. Estimated Parameters Assumed Value Justification, Source and Description Cooling and Heating The cooling and heating efficiency will be set equal for the Pre and Post Efficiency See Attachment 8 Retrofit conditions. Efficiencies are based on product data, observed conditions, and engineering judgment. The diversity factor accounts for loads being less than the installed capacity Cooling Diversity See Attachment 8 on an annual basis. The diversity factor is based on engineering judgment Factor and is used to ensure baseline energy is not greater than utility bills. These values are agreed to by the City and JCI; and will not be measured. The diversity factor accounts for loads being less than the installed capacity Heat Diversity Factor See Attachment 8 on an annual basis. The diversity factor is based on engineering judgment and is used to ensure baseline energy is not greater than utility bills. These values are agreed to by the City and JCI; and will not be measured. Heating and Cooling The Heating and Cooling (EFLH) are determined by building. The run hours Equivalent Full Load See Attachment 8 are based on an energy balance with the utility bills; conducting staff Hours (EFLH) interviews; and site observations. The values are shown in the table below and are agreed to by the City and JCI for the term of the Agreement. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 61 © 2022 Johnson Controls, Inc. Schedule 2 Control strategies are included as part of this FIM and their key parameters are list in the table below. Trended Points for Verification -. Occupancy Command Fan Status Runtimes Zone Temperature Schedule Occupied Zone Temperature Cooling Setpoint Occupied Zone Temperature Heating Setpoint Unoccupied Zone Temperature Cooling Setpoint Unoccupied Zone Temperature Heating Setpoint Equations for Calculating Energy Savings: Metasys BAS Controls savings were calculated using a spreadsheet model included in the Attachment 8 of baseline and post -installation conditions. BAS Controls savings were calculated based on the existing equipment being controlled, the type of HVAC system (cooling/heating), system efficiency, and the proposed run time for the previously listed equipment. The existing system run time was determined using staff interviews and existing programmed schedules in existing thermostats. A spreadsheet model (PDF included in the Attachment 8) was used to determine the anticipated loading during an 8,760-hour period using TMY3 weather data for Springfield, MO. Pre and Post EFLH Building Animal Shelter • Cooling.. 1,501 2,181 •. 764 Post -Retrofit 723 City Hall23 1,070 1,549 738 1,090 Development Services 1,501 1,185 625 364 District Courts Building 1,584 1,185 672 387 Facilities Management 1,501 2,181 636 710 Fayetteville Senior Center Fleet Transportation Media Center 1,501 1,791 625 548 1,561 1,791 662 583 1,501 1,185 625 364 Parks and Recreation I 1,501 I 1,791 625 548 Police HQ24 1,501 1,185 625 364 Recycling Trash Center 1,501 1,791 625 548 Richardson Community Center 1,274 1,791 555 471 Water -Sewer Offices 1,501 1,791 625 548 23 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 24 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 62 © 2022 Johnson Controls, Inc. Schedule 2 Equations for Calculating HVAC Controls Savings Energy (kWh) EER = 12 / {Unit kW / Design Capacity} Pre -Retrofit Cooling kWh = Design Capacity x 12000 x Cooling Diversity Factor x (1 / EER) x (1 / 1000) x Pre - Retrofit Cooling EFLH Post -Retrofit Cooling kwh = Design Capacity x 12000 x Cooling Diversity Factor x (1 / EER) x (1 / 1000) x Post - Retrofit Cooling EFLH Pre -Retrofit Elec Heating kwh = Electric Heat kW x Heat Diversity Factor x Pre -Retrofit Heating EFLH Post -Retrofit Elec Heating kwh = Electric Heat kW x Heat Diversity Factor x Post -Retrofit Heating EFLH Pre -Retrofit Heat Pump Heating kwh = Heat Pump kBtu Cap x 0.293 x Diversity Factor/Heat Pump COP * Pre - Retrofit Heating EFLH Post -Retrofit Heat Pump Heating kwh = Heat Pump kBtu Cap x 0.293 x Diversity Factor/Heat Pump COP Post -Retrofit Heating EFLH Total kWh Saved = (Pre -Retrofit Cooling kWh - Post -Retrofit Cooling kwh) + (Pre -Retrofit Elec Heating kwh - Post -Retrofit Elec Heating kwh) + (Pre -Retrofit Heat Pump Heating kwh - Post -Retrofit Heat Pump Heating kwh) where: Cooling Diversity Factor = Heat Diversity Factor= Design Capacity= Pre -Retrofit Cooling EFLH = Post -Retrofit Cooling EFLH = Pre -Retrofit Heating EFLH = Post -Retrofit Heating EFLH = Energy (Therms) Described in table above. Described in table above. Total cooling capacity in tons found in Attachment 8 Described in table above. Described in table above. Described in table above. Described in table above. Pre -Retrofit Therms = Gas Heating Capacity x 0.01 x Heating Diversity Factor/(Heating Efficiency) x Pre -Retrofit Heating EFLH Post -Retrofit Therms = Gas Heating Capacity x 0.01 x Heating Diversity Factor/(Heating Efficiency) * Post - Retrofit Heating FLH Total Therms Saved = (Pre -Retrofit Therms - Post -Retrofit Therms) where: Heating Diversity Factor = Gas Heating Capacity = Pre -Retrofit Heating EFLH = Post -Retrofit Heating EFLH = Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary © 2022 Johnson Controls, Inc. Described in table above. Gas heating capacity in kBtu/hr Described in table above. Described in table above. 63 Schedule 2 JCI Responsibilities Installation Period M&V Activities Following the installation of this FIM, programming of control strategies will be verified by reviewing information through the control system workstation through the use of applicable graphics, setpoint review, and trend/totalization of data points. Trends and totalizations will be setup (15-minute interval on analog points and binary points, totalizations will be on a daily/monthly basis) on the key variables. All the setpoints, control strategies, and other relevant values are outlined above as part of the key parameters. Any deviation from the proposed control strategies will be documented and reported in the post -install report. Once the control strategies are proven operational within the BAS, the City will assume full responsibility for maintaining the control system and keeping schedules and setpoints within agreed upon contract parameters. However, JCI is not responsible for the loss of savings resulting from City -directed changes in schedules, system overrides, or lack of maintenance that results in schedules run hours beyond contract agreed upon values. JCI will update the savings calculations for equipment scheduling based on actual schedules only if non-conformance in HVAC schedules is JCI responsibility. Performance Period M&V Activities Control strategies will be verified by reviewing information through the control system workstation through the use of applicable graphics, setpoint review, and trend/totalization of data points on a sample (10%) of systems affected by the scope of work. Trends and totalizations setup on key variables during the post -installation period will be periodically used during the performance period to verify the proper operation of control strategies. (15-minute interval on analog points and binary points, totalizations will be on daily/monthly basis). Data will be trended and/or totalized throughout the performance period but reviewed quarterly and reported annually of each performance period. Any performance deficiencies in the control strategies observed during the performance period will be reported to the City. City Responsibilities City assumes all operational and maintenance responsibilities for this FIM. They are responsible for ensuring all strategies, schedules (per Schedule 2 Section V), setpoints (per Schedule 2 Section V), and sequences established during the installation of this FIM remain in place. JCI will not be responsible for City -driven changes to schedules and setpoints, overrides, or lack of maintenance affecting controls performance. City understands it is their responsibility to operate under these parameters and maintain the system. JCI is not responsible for the loss of savings resulting from City -directed changes in schedules, system overrides, or lack of maintenance that result in operation beyond the contract agreed upon amounts. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 64 © 2022 Johnson Controls, Inc. Schedule 2 FIM 4.0: Solar PV — Roof Mount (Option B; Year 1 - 10) The electrical generation for this FIM will be verified using IPMVP Option B, Retrofit Isolation with All Parameter Measurement. The electrical generation for this FIM is generated through the solar photovoltaic arrays; therefore, the measurement boundary are the solar photovoltaic arrays themselves. Global Horizontal Solar Irradiance (kWh/m2) II I AC Electrical Energy (kWh) Global horizontal solar irradiance will be measured using two pyranometers. The value will be totalized, and the totalized value On -going will be recorded on an hourly basis using the system software. o The primary pyranometers will have a rated accuracy of +/- 2.0 /o and the secondary pyranometers will have a rated accuracy of +/- 5.0% The AC electrical energy will be measured using a City -owned On -going revenue -grade AC electric meter installed with each array. The AC electrical energy of the array will be measured individually. Equations for Calculating Energy Production Below are tables showing the baseline monthly and total annual solar irradiance for Springfield, MO, based on the NREL TMY3 weather data for Springfield Regional Airport. Also shown in each table is the estimated Baseline Year Energy production for the output of each PV system. Solar Irradiance and Estimated Energy Production: Blair Library (Roof Mount) 25 Month January Global Solar.. 69.7 Output 6,941 February 83.5 8,067 March 126.4 11,335 April 153.6 13,068 May 182.1 15,146 June 193.8 15,499 July 207.8 16,447 August 182.6 14,843 September 137.8 11,739 October I 113.3 10,244 November 74.3 7,117 December 61.6 6,077 Annual Total 1,586.4 136,524 25 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 65 © 2022 Johnson Controls, Inc. Schedule 2 Solar Irradiance and Estimated Energy Production: Recycling & Trash Complex (Roof Mount) Baseline Global Solar.. January 69.7 Output 13,707 February 83.5 15,416 March 126.4 21,321 April 153.6 24,057 May 182.1 27,430 June 193.8 28,149 July 207.8 30,188 August 182.6 27,614 September 137.8 22,256 October 113.3 19,913 November 74.3 13,978 December 61.6 11,800 Annual Total 1586.4 255,828 Solar Irradiance and Estimated Energy Production: Town Center (Roof Mount)21 January GlobalBaseline Solar Irradiance (kWh/M2) 69.7 Output 11,454 February 83.5 12,967 March 126.4 18,166 April 153.6 20,661 May 182.1 23,604 June 193.8 24,144 July 207.8 25,819 August 182.6 23,470 September 137.8 18,792 October 113.3 16,693 November 74.3 11,684 December 61.6 9,930 Annual Total 1586.4 217,385 26 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 66 © 2022 Johnson Controls, Inc. Schedule 2 Solar Irradiance and Estimated Energy Production: New Police Head Quarters (Roof Mount) January GlobalMonth Baseline Solar.. 76.5 Output 10,185 February 81.3 11,538 March 127.2 15,940 April 159.5 18,060 May 179.7 20,668 June 194.9 21,291 July 203.6 22,822 August 192.1 20,828 September 145.4 16,716 October 124.6 14,847 November 82.4 10,382 8,850 199 197 December 70.0 Annual Tntal 1 R37 3 The table below shows the Baseline AC Energy Output for each PV system by Project Year. These values incorporate an assumed a 2.5% degradation the first year and 0.6% PV module annual degradation rate for Years 2 through 20. This annual degradation rate is the slight reduction of efficiency and energy production of the overall PV system each year due to the glass faces of the PV modules being exposed to prolonged sunlight. Estimated 20-Year PV System AC Energy Output for Total Array: Project Year Year 1 EnergyBlair Library Baseline AC output 21 (kWh) 133,111 F-Recycling & Trash Complex Baseline AC Energy • 249,432 Town Center Baseline AC Energy OUtpUt28 211,950 New Police Head Quarters Output _ 187,324 186,200 Year 2 132,312 247,936 210,679 Year 3 131,519 246,448 209,415 185,083 Year 4 130,729 244,970 208,158 183,972 Year 5 129,945 243,500 206,909 182,868 Year 6 129,165 242,039 205,668 181,771 Year 7 128,390 240,587 204,434 180,681 Year 8 127,620 239,143 203,207 179,596 Year 9 126,854 237,708 201,988 178,519 Year 10 126,093 236,282 200,776 177,448 Year 11 125,337 234,864 199,571 176,383 Year 12 124,585 233,455 198,374 175,325 Year 13 123,837 232,054 197,184 174,273 Year 14 123,094 230,662 196,000 173,227 Year 15 122,356 229,278 194,824 172,188 Year 16 121,621 227,902 193,655 171,155 Year 17 120,892 226,535 192,494 170,128 27 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 28 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 67 © 2022 Johnson Controls, Inc. Schedule 2 Year 18 120,166 Year 19 119,445 Year 20 118,729 Energy (kWh) 225,176 191,339 169,107 223,825 190,191 168,092 222,482 189,049 167,084 The energy production guarantee shall assume the monthly baseline (reference) solar irradiance as shown above. On an annual basis (recorded monthly), the total measured AC Energy output of the PV systems will be adjusted based on the actual measured global horizontal solar irradiance received compared to the baseline (reference) solar irradiance (of the same type), as per the following formula: Qreference PAdjusted — (PMeasured) Qactual Where P is energy measured in kWh and Q is solar irradiance measured in kWh/m2, either the actual measured or the reference as shown. If the adjusted amount of measured energy produced is less than the baseline energy for a given Project Year, the amount of kWh shortfall will be multiplied by the applicable $/kWh electricity rate for each account for that Performance Year, and the result will be the PV FIM Project Benefit Shortfall for that year. The estimated energy production for this FIM is based on a computer simulation performed using the HelioScope software. This simulation incorporated the NREL TMY weather data for Springfield, MO. The PV system model used in the simulation used the Boviet Solar PV modules and SolarEdge Energy PV inverters proposed for this FIM. Loss factors such as wiring losses, inverter efficiency, module efficiency at array operating temperature, dust soiling, and all other estimated applicable losses were taken into account in the computer simulation. Refer Attachment 9 — Solar Calculations for the detailed energy savings. Any future utility grid charges are excluded. JCI Responsibilities Installation Period M&V Activities JCI will verify proper installation and operation of the new PV systems after system startup and report findings to the City. JCI will provide system startup according to manufacturer's recommendations. The savings for this FIM are based on AC energy produced by the Solar PV systems as detailed above and shown in the calculation in Attachment 9. Performance Period M&V Activities (Year 1 - 10) There will be annual M&V activities conducted for this FIM. The meter data will be collected and analyzed monthly and the data will be used to calculate the energy production annually. The monthly consumption will be reported in the annual report. The verified post -retrofit savings will serve as annual verified savings for this FIM and will be subjected to the applicable year's utility rates. JCI is not responsible for lack of savings due to inefficiencies arising from improper operation or lack of maintenance of the solar PV systems or the finalized order of the electrical accounts. Remote monitoring services will be provided from Years 1 — 10. JCI Ongoing Monitoring Services (Year 11 - 20) There will be no annual M&V activities conducted for this FIM starting Year 11. The meter data will be collected and analyzed monthly and the data will be used to calculate the energy production annually. The monthly consumption will be reported in an annual report. The energy production will be subjected to the applicable year's utility rates. Remote monitoring services will be provided from Years 11 — 20. City Responsibilities City assumes all operational and maintenance responsibilities for this FIM. City is responsible for performing preventative maintenance on the PV systems as per manufacturer's guidelines. The City is recommended to budget for additional cost related to the preventative maintenance which is estimated to be in the range of (approx.) $5,000 — $15,000 with additional escalation over time. In the event that the PV systems fail or need repairs; City is Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 68 © 2022 Johnson Controls, Inc. Schedule 2 responsible for repairing/replacing the PV system components by use of its own maintenance staff, a separate contract with JCI, or a third -party solar contractor. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 69 © 2022 Johnson Controls, Inc. Schedule 2 FIM 7: Water Conservation (Option A; One -Time) The savings for this FIM will be verified using IPMVP Option A, Retrofit Isolation with Key Parameter Measurement, and operation verification. The savings for this FIM are generated through a reduction in water/sewer due to more efficient fixtures; therefore, the measurement boundary is the water fixtures themselves. JCI created a spreadsheet model, Attachment 6, to determine the savings for the following facilities: Buildings Bryce Davis Park & Restrooms City Hall Development Services Domestic Plumbing I x I x x Gary Hampton x Gordon Long Park & Restrooms x Happy Hollow Complex - Fleet/Transportation x Lake Fayetteville x Lake Sequoyah x x Lewis Soccer Complex Mt Sequoyah Greenhouse & Office x Police Headquarters x Recycling & Trash Complex x Senior Center x Traffic Shop - Parks x Veterans Memorial Park - Restroom x Water & Sewer Office - S Industrial Dr West Shop White River Park x x x Wilson Park x Yvonne Richardson Community Center x Toilet/Urinal Gallons per Flush One-time Post The post -retrofit gallons per flush on a sample of toilets and urinals meeting the 80/20 sampling plan will be measured post -installation. The Savings will be updated to reflect actual post -retrofit measurements. Faucets, & Shower will be measured by the use of a graduated flow rate bag. For a faucet, this was accomplished by turning the water off and then turning it on for five seconds and filling the flow rate bag. For each fixture, the procedure was repeated at least two times to calculate an average Faucet & Showers Gallons One-time Post flow for that fixture. per Minute The post -retrofit gallons per minute on a sample of fixtures meeting the 80/20 sampling plan will be measured post -installation. The Savings will be updated to reflect actual pre- and post -retrofit measurements. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 70 © 2022 Johnson Controls, Inc. Schedule 2 Pre -Retrofit Faucet and The existing flowrates are based on on -site surveys, City interviews, and Showers Gallons per See Table below nameplate performance data. Fixtures with similar counts and types will be Minute grouped together. These values will be measured prior to installation. The pre -retrofit flush rates are based on on -site surveys, City interviews, Pre -Retrofit Toilet/Urinal See Table below and nameplate performance data. Fixtures with similar counts and types Gallons per Flush will be grouped together. These values will be measured prior to installation. Average Usage factors are based flushes/day/person, seconds/handwashing/usage, etc. are provided in the attachment. Usage rates were determined using engineering judgment and tuned to the utility Average Usage Factors bills. Sources also include: Mills, Evan et al. 2008. Documentation of per Fixture (AAUF) See Attachment 8 Calculation Methodology, Input Data, and Infrastructure. Energy Analysis Department, Environmental Energy Technologies Division, Lawrence Berkeley National Laboratory. University of California, Berkley. Additional details or sources are provided in Attachment 8. These values are agreed upon. Number of Flushes per See Table Below Pre- and Post -retrofit toilet/urinal flushes per person are based on industry Person standards. Faucet Minutes Usage per See Table Below Pre- and Post -retrofit sinks, kitchen sinks, and showers usage per person Person is based on industry standards. Staff/Visitor Count See Table Below Staff/Visitor count based on City interviews. Number of Days per Year See Table Below Number of Days per year. TempFauc 720F The hot water temperature is the typical temperature people wash their hands and will not be measured. The cold water temperature is the average annual groundwater Tempcold 62°F temperature. This value is agreed upon and will not be measured during the term of the agreement. Tempkit 850F The water temperature is the typical temperature people use in kitchen sink applications and will not be measured. Tempshower 1060F The water temperature is the typical temperature people use in shower applications and will not be measured. Natural Gas - Heating Efficiency 78% The gas heating efficiency of the domestic hot water heater and will not be measured. Electric — 98% Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 71 © 2022 Johnson Controls, Inc. Schedule 2 The flow rates shown in the table below are weighted averages of all the fixtures on a by building basis by fixture type. The timed method is used to get an idea of what toilets and urinals are flushing while conducting on -site inspections. Faucets and showers come in a wide range of flowrates and are coded as such while on -site. Spot measurements of faucets and showerheads were conducted using the flow bag method. Estimated Pre -Retrofit Flowrates Building Bryce Davis Park & Restrooms Toilet .. 4.00 Urinal gpf 3.50 flowrate - 2.50 PurposeLavatory Kitchen/Gener al Faucet .. n/a Shower n/a City Hall 2.05 1.00 0.99 2.20 n/a Development Services 3.20 1.00 1.35 2.20 n/a Gary Hampton 3.21 2.00 3.00 n/a n/a Gordon Long Park & Restrooms 3.50 1.00 2.35 n/a n/a Happy Hollow Complex - Fleet/Transportation 2.83 1.10 1.72 1.25 2.50 Lake Fayetteville 3.05 n/a 2.18 1.80 2.50 Lake Sequoyah 1.60 1.28 2.20 n/a n/a Lewis Soccer Complex 1.60 1.00 2.20 2.20 n/a Mt Sequoyah Greenhouse & Office 1.60 n/a 3.00 2.20 n/a Police Headquarters 2.35 1.50 1.09 2.20 2.50 Rangers Pantry Pet Food Bank n/a n/a 2.20 n/a n/a Recycling & Trash Complex I 1.60 1.00 2.20 1.50 2.50 Senior Center 3.02 1.00 0.97 1.85 2.50 Traffic Shop - Parks 3.00 1.00 1.80 1.50 2.50 Veterans Memorial Park - Restroom 2.40 1.50 0.50 n/a 2.50 Water & Sewer Office - S Industrial Dr 2.92 1.00 2.20 1.00 2.50 West Shop 1.60 n/a 1.00 n/a n/a White River Park 6.50 1.00 2.67 2.75 n/a Wilson Park 2.38 1.00 1.55 2.10 2.50 Yvonne Richardson Community Center 3.00 1.00 2.20 2.20 2.50 Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 72 © 2022 Johnson Controls, Inc. Schedule 2 The following tables describe the population and usage statistics for each facility. The data was provided by the City during the development period. Population Data (Full Time Equivalent) Building Bryce Davis Park & Restrooms Female population 5 Male population 5 City Hall 145 145 Development Services 14 14 Gary Hampton 17.5 17.5 Gordon Long Park & Restrooms 19.5 19.5 Happy Hollow Complex - Fleet/Transportation 39.5 39.5 Lake Fayetteville Lake Sequoyah Lewis Soccer Complex 12.5 12.5 5 5 12.5 12.5 Mt Sequoyah Greenhouse & Office 2.5 2.5 Police Headquarters 88 88 Rangers Pantry Pet Food Bank 0.125 0.125 Recycling & Trash Complex 33 33 Senior Center I 31.5 I 31.5 Traffic Shop - Parks Veterans Memorial Park - Restroom Water & Sewer Office - S Industrial Dr 12.5 12.5 31.5 31.5 38 38 West Shop 32.5 32.5 White River Park 2.5 2.5 Wilson Park 62.5 62.5 Yvonne Richardson Community Center I 8 I 8 Assumed Number of Urinal Flushes Used in Calculations Bryce Davis Park & Restrooms I 3 3 City Hall Development Services 3 Gary Hampton 3 Gordon Long Park & Restrooms 3 Happy Hollow Complex - Fleet/Transportation 3 Lake Fayetteville 3 Lake Sequoyah I 3 Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 73 © 2022 Johnson Controls, Inc. Schedule 2 *Note: Variatio Male number of .urinal flushes per day per person Lewis Soccer Complex 3 Mt Sequoyah Greenhouse & Office 0 Police Headquarters 3 Rangers Pantry Pet Food Bank 3 Recycling & Trash Complex 3 Senior Center 3 Traffic Shop - Parks 3 Veterans Memorial Park - Restroom 3 Water & Sewer Office - S Industrial Dr 3 West Shop 0 3 White River Park Wilson Park 3 Yvonne Richardson Community Center 3 n in flushes due to availability of urinals and tuning to billed consumption. Assumed Number of Toilet Flushes Used in Calculations .toilet Bryce Davis Park & Restrooms City Hall numberFemale flushes per day per person 4 . toilet flushes per day per person 1 4 1 Development Services 4 1 Gary Hampton 4 1 Gordon Long Park & Restrooms 4 1 Happy Hollow Complex - Fleet/Transportation 4 1 Lake Fayetteville 4 1 Lake Sequoyah Lewis Soccer Complex Mt Sequoyah Greenhouse & Office Police Headquarters 4 1 4 1 4 4 4 1 Rangers Pantry Pet Food Bank 4 1 Recycling & Trash Complex 4 1 Senior Center 4 1 Traffic Shop - Parks 4 1 Veterans Memorial Park - Restroom 4 1 Water & Sewer Office - S Industrial Dr 4 1 West Shop 4 4 Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 74 © 2022 Johnson Controls, Inc. Schedule 2 White River Park 4 1 Wilson Park 4 1 Yvonne Richardson Community Center 4 1 *Note: Variation in flushes due to availability of toilets and tuning to billed consumption. Number of Lavatory Sinks Used in Calculations Lavatory number of day per uses per okam person Bryce Davis Park & Restrooms 4 City Hall 4 Development Services 4 Gary Hampton 4 Gordon Long Park & Restrooms 4 Happy Hollow Complex - Fleet/Transportation 4 Lake Fayetteville 4 Lake Sequoyah 4 Lewis Soccer Complex 4 Mt Sequoyah Greenhouse & Office Police Headquarters 4 4 4 Rangers Pantry Pet Food Bank Recycling & Trash Complex 4 Senior Center 4 Traffic Shop - Parks 4 Veterans Memorial Park - Restroom 4 Water & Sewer Office - S Industrial Dr 4 West Shop 4 White River Park 4 Wilson Park 4 Yvonne Richardson Community Center 4 *Note: Variation in usage due to availability of lavatories and tuning to billed consumption. Assumed 6 seconds per use. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 75 © 2022 Johnson Controls, Inc. Schedule 2 Assumed Number of Kitchen/General Purpose Faucets Used in Calculations uIlding Mwnumberof Bryce Davis Park & Restrooms Purpose uses per day per person 0 City Hall Development Services Gary Hampton 1 1 0 Gordon Long Park & Restrooms 0 Happy Hollow Complex - Fleet/Transportation 1 Lake Fayetteville 0 Lake Sequoyah 0 Lewis Soccer Complex 0 Mt Sequoyah Greenhouse & Office 1 Police Headquarters 0 Rangers Pantry Pet Food Bank 0 Recycling & Trash Complex 0 Senior Center 0 Traffic Shop - Parks 0 Veterans Memorial Park - Restroom 0 Water & Sewer Office - S Industrial Dr 0 West Shop 0 White River Park 0 Wilson Park 0 Yvonne Richardson Community Center 0 in uses due to availability of Kitchen/General Purpose Faucet and tunina to *Note: Variation Assumed 120 seconds per use. Number of Days Used in Calculations Building Annual Days of O. .. All Buildings 260 The savings will then be calculated according to the following formulas: gilled consumption. The water/sewer savings associated with the sink include water and sewer savings, along with a reduction in hot water heating fuel. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 76 © 2022 Johnson Controls, Inc. Schedule 2 Equations for Calculating Water/Sewer Savings Sinks and Showers Water Project Benefits = type [ (Usage Ratebaserne - Usage Ratepost) x AAUFtype x Quantitytype] / 1000 where: Water Project Benefits = water savings realized in kilogallons (kgal). These savings will result in water and sewer dollars saved Usage Ratebaserne = baseline fixture use rate in gpm Usage Ratepost = post -installation fixture use rate in gpm (measured) AAUF = average annual use per fixture; faucets or showers in minutes per year=average people using x minutes/use x number of days occupied Quantity = quantity of affected fixtures Equations for Calculating Hot Water Heating Fuel Savings Sinks Energy Project Benefits = Water savings x (Temphot - Tempcold) x Specific Heat x 1,000 /(3413 x Efficiency) where: Energy Project Benefits = Fuel savings realized in kWh WaterProject Benefitst = water savings for faucets in kgal Temphot = average hot water temperature Tempcold = average cold water temperature Specific Heat = 8.34 Btu / (kgal) (OF) for water Efficiency = Water heater efficiency expressed as a fraction Water savings x (Temphot - Tempcold) x Specific Heat x 1,000 /(100,000 x Efficiency) where: Energy Project Benefits = Fuel savings realized in therms WaterProject Benefitsf = water savings for faucets in kgal Temphot = average hot water temperature Tempcoid = average cold water temperature Specific Heat = 8.34 Btu / (kgal) (OF) for water Efficiency = Water heater efficiency expressed as a fraction The Project Benefits associated with the toilet and urinal upgrades include water and sewer savings. Water/Sewer Project Benefits Toilets & Urinals Water Project Benefits = type [ (Usage Ratebaserne - Usage Ratepost) x AAUFtype x Quantitytype] / 1000 where: Water Project Benefits = water savings realized in kilogallons (kgal). These savings will result in water and sewer dollars saved Usage Ratebaseline = baseline fixture use rate in gpf Usage Ratepost = post -installation fixture use rate in gpf (measured) AAUF = average annual flushes per fixture per year = average people using x use/day x days/year Quantity = quantity of affected fixtures A detailed list of fixture counts and locations is shown in Attachment 8. The measured savings are applied to the rates and escalations as shown in Section IV of this Schedule. Refer to Attachment 8 for the calculations. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 77 © 2022 Johnson Controls, Inc. Schedule 2 JCI Responsibilities Installation Period M&V Activities The M&V methodology will consist of a combination of Option A. As part of the Option A M&V activities, JCI will verify the proper installation of the water fixtures installed as part of this FIM. JCI will also conduct flow measurements of the installed fixtures. The M&V activities will be performed one-time during the installation period. Measurements for this FIM consist of post -retrofit fixture flowrates for a sample of fixtures meeting 80% level of confidence with a 20% level of precision (80/20) and an assumed coefficient of variation of 0.5. Sample populations will be chosen by the fixture type. Pre -retrofit measurements will be conducted during the installation phase of this project, prior to the demolition of the existing fixtures. Post -retrofit measurements will be conducted after the installation of the fixtures is complete. Once the pre -retrofit and post -retrofit measurements have been conducted, JCI will update the water usage and domestic hot water -related savings with the actual measured data to calculate the actual energy savings for this FIM. Each annual report will reflect water savings, with the rates detailed in Section IV. JCI is not responsible for lack of savings due to inefficiencies arising from improper operation or lack of maintenance of the system. The average annual use per fixture (AAUF) were extrapolated based on the industry standard data, on -site survey, and City interview for each usage group. The AAUF will not be measured and are agreed upon by the City. It is agreed upon that the post -retrofit AAUF for each usage group be the same as the pre -retrofit AAUF as part of this FIM. City Responsibilities City assumes all operational and maintenance requirements for this FIM. City will maintain the new plumbing fixtures installed under the scope of this FIM as per manufacturer's guidelines. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 78 © 2022 Johnson Controls, Inc. Schedule 2 IV. BASELINE CALCULATIONS AND UTILITY RATES The unit utility costs for the Baseline period are set forth below as "Base Utility Cost' and shall be used for all calculations made under this Schedule. The Base Utility Cost shall be escalated annually by the actual utility cost escalation, but such escalation shall be no less than the mutually agreed "floor" escalation. The escalation rates can be found in the table below, and there will be (2) two annual escalations prior to Year 1 of the Performance period. The Base Utility Cost for each type of utility represents the 12-month average utility costs from January 2019 through December 2019. Building Airport City Hanger (FBO) Electric Consumption kWh $0.058 Electric Demand kW I $6.67 Natural Gas Therms Water/Sewer .. Airport Terminal/Administration $0.058 $6.67 $0.819 Animal Clinic $0.080 $1.84 Animal Shelter $0.080 $1.84 $0.852 $9.90 Animal Shelter Kennel Arkansas Air Museum $0.080 $1.84 $0.127 $10.95 Blair Library $0.070 Bryce Davis Park & Restrooms $0.160 $10.95 Bryce Davis Restroom & two Pavilions $0.160 City Hall $0.057 $6.77 $0.820 $8.65 Compost Facility $0.085 Development Services $0.075 $4.20 $0.918 $11.09 Facilities/Buildings Maintenance Management Office Fire ARFF Station Fire Marshall Office $0.075 $4.20 $0.855 $0.089 $0.089 $1.029 Fire Station - 1 $0.057 $6.71 $0.873 $8.82 Fire Station - 2 $0.080 $4.20 $0.937 $13.17 Fire Station - 3 $0.129 $0.936 $13.16 Fire Station - 4 $0.076 $4.20 $0.908 $10.68 Fire Station - 5 $0.124 $0.893 $15.85 Fire Station - 6 $0.076 $4.17 $0.881 $14.10 Fire Station - 7 $0.122 $0.883 $17.45 Fire Station - Storage (Crossover) $0.089 Fire Station Training Facility $0.089 Gary Hampton $0.080 $3.44 $10.95 Gary Hampton Park Softball Complex $0.080 $3.44 Gordon Long Park & Restrooms $0.087 $10.95 Happy Hollow Complex - Fleet/Transportation Kessler Mountain Regional Park - Ball Fields Lake Fayetteville Concessions $0.056 I $6.76 I $10.95 $0.153 $3.00 $6.68 $0.070 $10.95 Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 79 © 2022 Johnson Controls, Inc. Schedule 2 Building Electric Electric Natural Gas Water/Sewer Consumption kWh Demand kW Therms ,. Lake Fayetteville Marina I $0.070 � $1.52� Lake Fayetteville Marina Office $0.070 Lake Fayetteville North Shore -Pavilion/Restroom $0.070 Lake Fayetteville Park - Restroom $0.070 Lake Fayetteville Softball Field $0.074 Lake Sequoyah - Restroom Lake Sequoyah Bait Shop Lewis Soccer Complex - Concessions/Restrooms Media Services/Television Center Mt. Sequoyah Greenhouse & Office $0.070 $0.109 $8.05 $0.124 $0.079 $4.20 $10.95 $0.087 $1.096 $0.083 $0.866 $7.19 Ozark Military Museum $0.070 Parks and Recreation Offices $0.070 Police Headquarters $0.058 $6.77 $10.95 Recycling Drop Off - Happy Hollow $0.077 $5.30 Recycling Drop Off - Marion Orton Senior Center $0.060 $6.63 $0.837 $0.070 $10.95 T-Hanger A $0.089 T-Hanger A Yard Service (water) $0.089 T-Hanger B $0.089 T-Hanger C $0.089 T-Hanger D $0.089 T-Hanger E $0.089 T-Hanger F $0.089 T-Hanger G $0.089 T-Hanger H $0.089 Town Center $0.077 $0.891 $10.95 Traffic Shop - Parks $0.080 $10.95 Veterans Memorial Park - Restroom $0.184 $0.816 $6.68 Walker Park - Concessions/Restroom $0.096 $9.44 Walker Park & Splash Pad $0.096 Walker Park Restroom #1 Washington County District Court $0.096 $0.057 $6.75 $0.884 Water & Sewer Office - S Industrial Dr $0.057 $6.78 $0.817 West Shop $0.080 $10.95 White River Park - Concessions/Restroom $0.070 $10.95 Wilson Park - Concessions $0.070 $0.878 $14.73 Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 80 © 2022 Johnson Controls, Inc. Schedule 2 1 Building Electric Electric Natural Gas Water/Sewer Wilson Park -Office /Shop I $0.070 Wilson Pool Change Shelter $0.070 Wilson Pool Equip Bldg $0.070 Wilson Park Restroom $0.070 Wilson Park Tennis Courts (Exterior) $0.070 WWTP - Noland $0.040 WWTP - West Side Yvonne Richardson Community Center Intersection Area Lighting $0.040 $0.075 I $4.20 I $0.891 I $10.95 $0.094 Effective Electric Consumption Rate - Solar FIM 4.2 Solar PV 176.4 kW Roof Mount - Blair Library $0.070 FIM 4.3 Solar PV 101 kW Roof Mount - Recycling & Trash Complex $0.070 FIM 4.4 Solar PV 149 kW Roof Mount - Town Center $0.070 FIM 4.9 Solar PV 134 kW Roof Mount - (NEW) Police HQ $0.070 Utility Cost Escalation Rates Electric Consumption 2.8% Electric Demand 3.0% Natural Gas Consumption 3.0% Water/Sewer Consumption 3.0% Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 81 © 2022 Johnson Controls, Inc. Schedule 2 V. PRIMARY OPERATIONS SCHEDULE PRE & POST -RETROFIT The pre -retrofit schedules and set -points used in FIM 2 and FIM 3 savings calculations are detailed in the table below. The post -retrofit schedules and set - points ranges for these buildings affected in FIM 2 and FIM 3 are detailed in the table below. Pre -Retrofit Schedules GroupHour Airport T�e Stop "Start'FStop Start 24 hrs None 24 hrs None I Wed or Start Stop Star 24 hrs one 24 hrs Fri Start Stop None 24 hrs None I Sun 24 hrs None 24 hrs Stop None Animal Shelter City Hall 29 Development Services District Courts Building 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 1:30 24 None 24 hrs 24 hrs None None None 24 hrs None 24 hrs None 24 hrs 24 hrs None None 24 hrs 24 hrs None None None None 24 hrs 24 hrs None 24 hrs 24 hrs None 24 hrs 24 hrs None 24 hrs None None 24 hrs None Facilities Management 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fayetteville Senior Center 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fayetteville Town Center Exhibition Hall 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 1 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 2 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 3 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 4 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 5 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 6 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 7 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Training Facility 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fleet Transportation 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Greenhouse and Office Media Center 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 29 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 82 © 2022 Johnson Controls, Inc. Schedule 2 Parks and Recreation 24 hrs None 24 hrs None 24 hrs None 24 hrs I None 24 hrs None 24 hrs None 24 hrs None Police HQ*30 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Recycling Trash Center 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 1 14 None None Richardson Community Center Sustainability Office Water -Sewer Offices 24 hrs None 24 hrs None 24 hrs None 24 hrs one 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Pre -Retrofit Zone Temperature Setpoints Occupied Set -point Range: 70 deg F to 72 deg F Unoccupied Heating Set -point: 70 deg F or less Unoccupied Cooling Set -point: 72 deg F or greater Post -Retrofit Schedules The following table(s) and corresponding information represent the operating conditions City must maintain at its facilities, once the Work is complete, in order to achieve the Project Benefits described in Schedule 1 above. GroupHour Mon Start Airport 24 hrs Stop None Tue Start 24 hrs Stop None 24 hrs None top Start 24 hrs None 24 hrs r Stop None Sat Start 24 hrs Stop None Sun Start 24 hrs Stop None Animal Shelter (Office Areas 8 19 8 19 8 19 8 19 8 19 8 19 None None Animal Shelter (Animal Areas) 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None City Hall31 1:30 18 1:30 18 1:30 18 1:30 18 1:30 18 None None None None Development Services 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None District Courts Building 6 18 6 18 6 18 6 18 6 18 None None None None Facilities Management 6 18 6 18 6 18 6 18 6 18 None None None None Fayetteville Senior Center 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None Fayetteville Town Center Exhibition Hall 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 30 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. 31 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 83 © 2022 Johnson Controls, Inc. Schedule 2 Hour Group Fire Station 1 Mon Start 24 hrs Stop None Tue Start 24 hrs Stop None Wed Start 24 hrs Stop None 7:Thu Sta rt 24 hrs Stop None Fri Start 24 hrs Stop None Saw= Start Stop Start 24 hrs None 24 hrs None Fire Station 2 Fire Station 3 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 4 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 5 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 6 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Station 7 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None 24 hrs None Fire Training Facility 6 18 6 18 6 18 6 18 6 18 None None None None Fleet Transportation 6 18 6 18 6 18 6 18 6 18 None None None None Greenhouse and Office I 6 18 6 18 6 18 6 I 18 6 I 18 None None None None Media Center 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None Parks and Recreation 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None Police HQ* 32 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None Recycling Trash Center 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None Richardson Community Center 9 20 9 20 9 20 9 20 9 20 None None None None Sustainability Office 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None Water -Sewer Offices 6:30 18 6:30 18 6:30 18 6:30 18 6:30 18 None None None None *Police HO is beina converted to an office buildina and these are the Future Office Buildina Hours. Post -Retrofit Zone Temperature Setpoints Occupied Cooling Set -point: 74 deg F Occupied Heating Set -point: 70 deg F (+/-2 deg F) Unoccupied Cooling Set -point: 78 deg F or greater (+/-2 deg F) Unoccupied Heating Set -point: 65 deg F or less City understands it is their responsibility to operate the system per the post -retrofit schedules and set -points listed above. 32 Refer to scope alternate deduct table in Schedule 4, Item/bullet 1. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 84 © 2022 Johnson Controls, Inc. Schedule 2 VI. MEASUREMENT & VERIFICATION SERVICES JCI will provide the M&V Services set forth below in connection with the Assured Performance Guarantee. 1. During the Installation Period, a JCI Performance Assurance Specialist will track Measured Project Benefits. JCI will report the Measured Project Benefits achieved during the Installation Period, as well as any Non -Measured Project Benefits applicable to the Installation Period on a prorated basis, to City within 60 days of the commencement of the Guarantee Term. 2. For the first 10 years, within 60 days of each anniversary of the commencement of the Guarantee Term, JCI will provide City with an annual report containing: a. an executive overview of the project's performance and Project Benefits achieved to date; b. a summary analysis of the Measured Project Benefits accounting; and c. depending on the M&V Option, a detailed analysis of the Measured Project Benefits calculations. 3. During the first 10 years of the Guarantee Term, a JCI Performance Assurance Specialist will monitor the on -going performance of the Improvement Measures, as specified in this Agreement, to determine whether anticipated Measured Project Benefits are being achieved. In this regard, the Performance Assurance Specialist will periodically assist City, on -site or remotely, with respect to the following activities: a. review of information furnished by City from the facility management system to confirm that control strategies are in place and functioning; b. advise City's designated personnel of any performance deficiencies based on such information; c. coordinate with City's designated personnel to address any performance deficiencies that affect the realization of Measured Project Benefits; and d. inform City of opportunities to further enhance project performance and of opportunities for the implementation of additional Improvement Measures. 4. For specified Improvement Measures utilizing an "Option A" M&V protocol, JCI will: a. conduct pre and post installation measurements required under this Agreement; b. confirm the building management system employs the control strategies and set points specified in this Agreement; and c. analyze actual as -built information and adjust the Baseline and/or Measured Project Benefits to conform to actual installation conditions (e.g., final lighting and water benefits calculations will be determined from the as -built information to reflect the actual mix of retrofits encountered during installation). d. Confirm that the building management system employs the control strategies and set points specified in this Agreement; and e. trend data records maintained in the ordinary course of system operation may be used and relied upon by JCI in connection with Project Benefit calculations, as well as in other commercial uses relating to building system performance. JCI will use commercially reasonable efforts to ensure the integrity of the data collected to calculate the required metrics. In the event data is lost due to equipment failure, power failure or other interruption in data collection, transmission or storage, JCI will use reasonable engineering methods to estimate the impact of or replace the lost data. 5. For specified Improvement Measures utilizing an "Option B" M&V protocol, JCI will: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 85 © 2022 Johnson Controls, Inc. Schedule 2 a. confirm that the appropriate metering and data points required to track the variables associated with the applicable Improvement Measures' benefits calculation formulas are established; b. set up appropriate data capture systems (e.g., trend and totalization data on the data acquisition system) necessary to track and report Measured Project Benefits for the applicable Improvement Measure; c. perform periodic calibrations of the sensors and/or transmitters required to track the variables associated with the applicable Improvement Measures' benefits; and d. trend data records maintained in the ordinary course of system operation may be used and relied upon by JCI in connection with Project Benefit calculations, as well as in other commercial uses relating to building system performance. JCI will use commercially reasonable efforts to ensure the integrity of the data collected to calculate the required metrics. In the event data is lost due to equipment failure, power failure or other interruption in data collection, transmission or storage, JCI will use reasonable engineering methods to estimate the impact of or replace the lost data. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 86 © 2022 Johnson Controls, Inc. Schedule 3 CITY RESPONSIBILITIES In order for JCI to perform its obligations under this Agreement with respect to the Work, the Assured Performance Guarantee, and the M&V Services, City shall be responsible for: 1. Providing JCI, its subcontractors, and its agents reasonable and safe access to all facilities and properties that are subject to the Work and/or M&V Services; 2. Providing for shut down and scheduling of affected locations during installation, including timely shutdowns of chilled water and hot water systems as needed to accomplish the Work and/or M&V Services; 3. Providing timely reviews and approvals of design submissions, proposed change orders, and other project documents; 4. Providing the following information with respect to the project and project site as soon as practicable following JCI's request: a. surveys describing the property, boundaries, topography and reference points for use during construction, including existing service and utility lines; b. geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the project site; c. temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the project and enable JCI to perform the Work; d. a legal description of the project site; e. as -built and record drawings of any existing structures at the project site; and f. environmental studies, reports and impact statement describing the environmental conditions, including hazardous conditions or materials, in existence at the project site. 5. Securing and executing all necessary agreements with adjacent land or property owners that are necessary to enable JCI to perform the Work; 6. Providing assistance to JCI in obtaining any permits, approvals, and licenses that are JCI's responsibility to obtain as set forth in Schedule 1; 7. Obtaining any permits, approvals, and licenses that are necessary for the performance of the Work and are not JCI's responsibility to obtain as set forth in Schedule 1; 8. Properly maintaining, and performing appropriate preventative maintenance on, all equipment and building systems affecting the Assured Performance Guarantee in accordance with manufacturers' standards and specifications; 9. Providing the utility bills, reports, and similar information reasonably necessary for administering JCI's obligations under the Assured Performance Guarantee within five (5) days of City receipt and/or generation or JCI's request therefor; 10. Providing all records relating to energy and/or water usage and related maintenance of the premises and relevant equipment requested by JCI; 11. Providing and installing utility sub -meters on all new construction and/or additions built during the Guarantee Term as recommended by JCI or, alternatively, paying JCI's applicable fees for calculating necessary adjustments to the Assured Performance Guarantee as a result of the new construction. In the event the City provides and installs the sub -meters, JCI shall provide an estimated number of sub -meters required for the Project. 12. Providing and maintaining a dedicated telephone line and/or TCP/IP remote connection to facilitate remote monitoring of relevant equipment; Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 87 © 2022 Johnson Controls, Inc. Schedule 3 13. Promptly notifying JCI of any change in use or condition described in Section III of Schedule 2 or any other matter that may impact the Assured Performance Guarantee; 14. Taking all actions reasonably necessary to achieve the Non -Measured Project Benefits; 15. If any equipment under control is changed out it is the responsibility of the City to move the controls and the controls programming to the new equipment. 16. Properly maintaining set -points and schedules for control sequences detailed in Schedule 2 that may impact the achievement of Project Benefits, and shall be responsible for City -driven changes to schedules and setpoints, overrides, or lack of maintenance affecting controls performance; 17. Maintaining On- Site Building Automation System Log of short/long term Operational Control overrides for manually bypassing programmed control or override within programming changes to control system parameters and operations. City will work with JCI to define adjustment(s) where this procedure and or operation is not maintained as it affects M&V and Assured Performance Guarantee. The Control Log shall be kept at and maintained at site, providing the following information; a. Entry by Date and Time b. Building, System and Equipment / TU / Space / affected by change, override or modification c. Influencing what equipment, system component, equipment process and or space d. Existing Schedule or Control and Existing Controlled result e. Operational control criteria amended or overridden, reason for override, simple narrative f. Schedule for return to agreed -upon design criteria g. Operator name. 18. Providing documentation showing that operation and maintenance is being performed and that any replacement materials meet or exceed the original equipment efficiencies that will impact the achievement of Project Benefits. 19. City shall agree to sign and return to JCI, there indication of annual performance report acceptance (acceptance form) and or comment to JCI within 30 days of performance report submission and receipt. If this signed acceptance form is not received by JCI within 30 days after the date of acceptance form submission as dated, it will be deemed that City has accepted the values within the annual performance report. 20. For M&V Services, a cancellation notice of 60 days will be needed prior to the commencement of the next performance period during the Guarantee Term. 21. Provide room for construction trailers, dumpsters, laydown areas, parking, and other spaces as requested by JCI. Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 88 © 2022 Johnson Controls, Inc. Schedule 4 PRICE AND PAYMENT TERMS City shall make payments to JCI pursuant to this Schedule 4. 1. Work. The price to be paid by City for the Work shall be $8,087,014. Payments (including payment for materials delivered to JCI and work performed on and off -site) shall be based on the proportional percentage of the Work that has been completed and materials stored. Payments shall be made to JCI in accordance with the Schedule of Values as shown in Attachment 11. 5% shall be held from payment of each invoice as retainage until Substantial Completion of each individual FIM. Once the City has certified the Substantial Completion of the FIM, the City shall release partial retention associated with the substantially completed FIM, in the amounts identified in the Schedule of Values, included in whole as Attachment 11. The City may elect, at the time of Agreement execution only, to deduct the city hall or police headquarters scope specified below by checking the appropriate box(es) and affixing its signature. The Agreement price, scope, and the savings guarantee shall be adjusted accordingly. ❑ OPTIONAL SCOPE DEDUCTION CITY HALL AND POLICE HEADQUARTERS: $2,688,437 ❑ OPTIONAL SCOPE DEDUCTION TOWN CENTER: $489,556 ❑ OPTIONAL SCOPE DEDUCTION BLAIR LIBRARY: $460,622 City Signature: The table below defines the details of the Optional Deduct scope of work cost and savings deductions related to the optional scope deductions for City Hall -Police Headquarters, Town Center, and Blair Library. The Parties acknowledge that if the City desires, after execution of this Agreement, to include or otherwise contract for deducted scope, the Parties must mutually agree to that addition, and the scope of work cost, savings and capital cost avoidance amounts shown in the table below will require updating for then -current pricing and calculations. The overall project schedule also must be modified to account for the additional scope. 2.4 — City Hall City Hall $1,651,706 $0 $4,983 $4,120 HVAC Upgrades I I $0 $3,830 $4,635 2.14 — HVAC Police $532,732 Upgrades Headquarters 3.2 — BAS i Controls I City Hall $436,880 $3,274 $0 $0 Upgrades 3.23 — BAS Police Controls $67,119 $5,206 $0 $0 Upgrades Headquarters I $0 $8,579 $1,500 2.16 — HVAC Town Center $76,617 Upgrades I $15,104 $0 I $0 4.4—Solar Town Center $407,185 6.28 — Building Town Center $5,753 I $0 $422 I $0 Envelope Performance Contract [Rev 15] Johnson Controls, Inc. - Proprietary 89 © 2022 Johnson Controls, Inc. Schedule 4 Scope of Measured Non -Measured O&M Capital Cos� DeductionsBuilding Work Cost Utility Savings Utility Savings Savings Avoidance Deductions (Year 1) (Year 1) (Year 1) Deduction 0 . .Deductions 4.2 - Solar Blair Library I $460,622 I $17,880 $0 $0 Total $3,638,615 $41,464 $17,814 $10,255 1 $1,855,006 2. M&V Services. The price for JCI's M&V Services, as detailed on Schedule 2, of this Agreement will be paid to JCI in annual installments. These payments will be due and payable when City receives JCI's invoice and in advance of the services JCI is to provide and shall be made through Year 1 - 10 as per the table below. Year $ Year 1 $20,243 Year 2 $20,851 Year 3 $33,821 Year $22,120 Year 5 $22,783 Year 6 $36,958 Year 7 $24,172 Year 8 $24,896 Year 9--F—$40,385 Year 10 ' $26,412 3. JCI On -Going Services. The price for JCI's On -Going Services, as detailed on Schedule 2, of this Agreement will be paid to JCI in annual installments. These payments will be due and payable when City receives JCI's invoice and in advance of the services JCI is to provide and shall be made through Year 11 - 20 as per the table below. i Year 11 $8,524 Year 12 $19,952 Year 13 $9,044 Year 14 $9,315 Year 15 $21,801 Year 16 $9,883 Year 17 $10,179 Year 18 $23,823 Year 19 $10,798 Year 20 $11,122 Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 90 © 2022 Johnson Controls, Inc. Attachment 1 NOTICE TO PROCEED Johnson Controls, Inc. 10600 Colonel Glenn Road, Ste. 200 Little Rock, AR 72204 ATTN: Chip Moore Re: Notice to Proceed for City of Fayetteville Dear Mr. Moore: This Notice to Proceed is being issued by City of Fayetteville ("City") to Johnson Controls, Inc. ("JCI") pursuant to that certain Performance Contract entered into between City and JCI for the purpose of notifying JCI to commence work under such contract. In the event that this Notice to Proceed is delivered by City prior to the execution of the Performance Contract by City and JCI, City understands and expects JCI will incur significant costs and expenses in complying with this Notice to Proceed. In the event the Performance Contract is not executed by the parties, for any reason, City agrees to pay JCI for its costs and fees incurred in complying with this Notice to Proceed on a time and material basis. City also agrees JCI shall be entitled to a reasonable mark-up thereon for profit and overhead. City agrees to pay amounts billed by JCI no later than five (5) days after City receives JCI's payment application. JCI will continue to submit payment applications to City until the Performance Contract is executed. Once the Performance Contract is executed, JCI will begin submitting its payment applications to City in accordance with the terms and conditions set forth therein. Any amounts already paid by City will be credited towards the Performance Contract price. By signing and dating this Notice to Proceed, the parties hereto agree to these terms and represent and warrant they have the authority to execute this Notice to Proceed on behalf of their respective organizations. The parties mutually agree that, subject to the terms of the Performance Contract, Substantial Completion of the project shall be on or before 20 months from the day this Notice is delivered to JCI. CITY OF FAYETTEVILLE Signature: Printed Name: Title: Date ACKNOWLEDGED & AGREED TO: JOHNSON CONTROLS, INC. Signature:_ Printed Name: Title: Date: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 91 © 2022 Johnson Controls, Inc. Attachment 2 CHANGE ORDER Performance Contract dated 20 between Johnson Controls, Inc. and City Change Order No. Date (mo/day/yr) City [Insert City Name] The above referenced Performance Contract is hereby modified to the extent described below in accordance with the Terms and Conditions of the CHANGE ORDERS section thereof. Scope of Work changed as follows: Total amount of this Change Order $ Total Performance Contract amount as revised by this Change Order $ The time for completion is: ❑ increased, ❑ decreased, ❑ unchanged. The new completion date resulting from this Change Order is: (mo, day, yr) [check if applicable] Assured Performance Guarantee changed as follows: Unless specifically changed by this Change Order, all terms, conditions and provisions of the above referenced Performance Contract remain unchanged and in full effect. JOHNSON CONTROLS, INC. CITY Signature: Signature: Printed Name: Printed Name: Title: Title: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary 92 © 2022 Johnson Controls, Inc. Attachment 3 CERTIFICATE OF SUBSTANTIAL COMPLETION PARTIES: JOHNSON CONTROLS, INC. ("JCI") 10600 Colonel Glenn Road, Ste. 200 Little Rock, AR 72204 CITY OF FAYETTEVILLE ARKANSAS ("City") 113 West Mountain Street Fayetteville, AR 72701 PROJECT: City of Fayetteville; Performance Contract dated _, 20_ between JCI and City By executing this Certificate of Substantial Completion, City acknowledges the following: a. The work set forth in the Performance Contract is substantially complete. b. City has received the manuals, warranty information, and training required under the Performance Contract. c. The following punch list items must be completed by JCI (check as applicable): ❑ punch list attached ❑ punch list complete d. Upon completion of the punch list items, or if such punch list items are complete, JCI and City shall sign the Certificate of Final Completion attached hereto. Dated 120 City of Fayetteville Arkansas: Johnson Controls, Inc. Signature: Printed Name: Title Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary © 2022 Johnson Controls, Inc. Signature: Printed Name: Title: 93 Attachment 4 CERTIFICATE OF FINAL COMPLETION PARTIES: JOHNSON CONTROLS, INC. ("JCI") 10600 Colonel Glenn Road, Ste. 200 Little Rock, AR 72204 CITY OF FAYETTEVILLE ARKANSAS ("City") 113 West Mountain Street Fayetteville, AR 72701 PROJECT: City of Fayetteville; Performance Contract dated _, 20_ between JCI and City By executing this Certificate of Final Completion, Customer acknowledges the following: a. The work set forth in the Performance Contract has been reviewed and determined by City to be fully complete. b. City accepts the work as complete and hereby releases JCI's obligations under any performance and payment bonds posted for the project as of the date set forth below. Dated ,20 City of Fayetteville Arkansas: Signature: Printed Name: Title: Performance Contract [Rev 15] Johnson Controls, Inc. — Proprietary © 2022 Johnson Controls, Inc. Johnson Controls, Inc. Signature: Printed Name: Title: 94 Attachment 5 FIM 1- Lighting Upgrade Scope and Savings Calculation -p- fxw-� ---T— T—h-I kWI-LN. Uiml-- P, -h 1R.A.Ij o d. 80 0 w 000 0.. , jz. — 0,11 01 —11-- d 1 1—.2' 1-111, —11M —.—d. 0 1-111_—11M M.---d. 0 1-111� —11M I IOLIIL 1-111� —11M I IOLIIL —.—d. 0 1-111� —11M I IOLIIL 1-111� —11M I IIOLIIL Pr000sM a2R—L fKBMSWa E—L nkt- A=d Mj. f�. E-1 E—d E.-IA F.— T I—z —ToV wanave favor Fartol L--j I -IL -1-1 I IMIL —11M --L IMIL —11M --L IMIL —11M --L z EBL —11M --L z EBL --L z EBL --L IMIL 1.1-L I IMIL --L IMIL -I.- --L IMIL f9tom -,I� I A...., I� d f�. 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E-1 E—d Pr000sM a2R—L Etlstina E—L nkt- E.-IA A=d F.— -ToV T Fattol L--j 9-' 222 2 .2 L Attachment 6 Water Conservation Domestic Fixture Line -by -Line Water Conservation Scopes R— ofW,,k (SOW) - B,Ildi,a Breakout aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa 0000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000 Attachment 7 Building Envelope Scope Line -by -Line Facility Name Location in Facility Building Weatherization Scopes Upgraded Code Description Quantity (Existing) Length (ft) Height (ft) Total Air Leakage Area (in2)_(cfm) Total Infiltration_H Total Infiltration _C _(cfm) Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 18.54 0.0013 3.48 4.3915 4.4575 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 16.92 0.0026 6.34 8.0133 8.1337 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 18.54 0.0013 3.48 4.3915 4.4575 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 16.92 0.0026 6.34 8.0133 8.1337 Happy Hollow Recycling and Trash 1 Remove Re -Caulk -Window -Frame -Floor -Exterior 1 27.33 0.0013 5.13 6.4738 6.5711 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 18.54 0.0013 3.48 4.3915 4.4575 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 16.92 0.0026 6.34 8.0133 8.1337 Happy Hollow Recycling and Trash 1 Remove Re-Caulk-Thershold-Floor-Exterior 1 3.23 0.0013 0.61 0.7648 0.7763 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 18.54 0.0013 3.48 4.3915 4.4575 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 16.92 0.0026 6.34 8.0133 8.1337 Happy Hollow Recycling and Trash 1 Remove Re-Caulk-Thershold-Floor-Exterior 1 6.42 0.0013 1.20 1.5198 1.5426 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 18.54 0.0013 3.48 4.3915 4.4575 Happy Hollow Recycling and Trash 1 Clear Caulk Door 1 16.92 0.0026 6.34 8.0133 8.1337 Happy Hollow Recycling and Trash 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Happy Hollow Recycling and Trash 1 Insulate Sprayfoam-Pipe- Ceiling 2 0.25 0.01 0.38 0.4737 0.4808 Happy Hollow Recycling and Trash 1 Insulate Sprayfoam-Pipe- Ceiling 2 0.58 0.01 1.75 2.2106 2.2438 Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 19.83 0.01 14.88 18.7899 19.0722 Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 19.83 0.01 14.88 18.7899 19.0722 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 25.00 0.01 37.50 47.3695 48.0811 Animal Shelter 1 No Cost Wall -Ceiling 1 25.00 5.00 - - - Animal Shelter 1 No Cost Wall -Ceiling 1 12.70 5.00 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 12.70 0.01 19.05 24.0637 24.4252 Animal Shelter 1 No Cost Wall -Ceiling 1 18.70 5.00 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 18.70 0.01 28.05 35.4324 35.9646 Animal Shelter 1 Caulk Black Door 1 19.08 0.0013 3.58 4.5198 4.5877 Animal Shelter 1 Caulk Black Door 1 19.08 0.0013 3.58 4.5198 4.5877 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 1 1.42 0.25 51.00 64.4225 65.3903 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 1 1.42 0.25 51.00 64.4225 65.3903 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 1 95.00 0.01 71.25 90.0020 91.3540 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 1 95.00 0.01 71.25 90.0020 91.3540 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 1 1.42 0.17 34.00 42.9483 43.5935 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 - - - Animal Shelter 1 Insulate Sprayfoam-Wall-Beam-Ceiling 1 60.00 0.0052 45.00 56.8433 57.6973 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Ceiling 1 5.23 0.26 197.19 249.0901 252.8321 Animal Shelter 1 No Cost Penetration Vent -Ceiling 1 1.67 1.67 - - - Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 20.00 0.01 30.00 37.8956 38.4649 Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 20.00 0.01 30.00 37.8956 38.4649 Animal Shelter 1 Clear Caulk Door Frame -Wall 1 7.00 0.01 5.25 6.6317 6.7314 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 1 1.42 0.17 34.00 42.9483 43.5935 Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 20.001 0.011 15.00 1 18.9478 19.2324 Animal Shelter 11 ICaulk Black Door 11 19.081 0.00131 3.58 1 4.5198 4.5877 06-16-2021- BE - City of Fayetteville_JCI (swh)1 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 1 1.42 0.17 34.00 42.9483 43.5935 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 - - - Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 1 1.42 0.17 34.00 42.9483 43.5935 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 1 1.42 0.17 34.00 42.9483 43.5935 Fire Marshall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Marshall 1 Clear Caulk Door 1 19.25 0.0013 3.61 4.5593 4.6278 Fire Marshall 1 Replace Weatherstripping -Door Sweep 1 18.17 0.01 13.63 17.2109 17.4695 Fire Marshall 1 Insulate Sprayfoam-Penetration 4 0.67 0.01 2.00 2.5264 2.5643 Fire Marshall 1 Insulate Sprayfoam-Penetration 15 0.67 0.01 7.50 9.4739 9.6162 Fire Marshall 1 Insulate Sprayfoam-Pipe- Wall 1 1.67 0.0026 0.63 0.7895 0.8014 Fire Marshall 1 Insulate Sprayfoam-Wall-Ceiling 1 38.00 0.01 28.50 36.0008 36.5416 Fire Marshall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Marshall 1 Add Cap -Caulk -Penetration Vent 1 1.57 0.26 59.16 74.7270 75.8496 Fire Marshall 1 Insulate Sprayfoam-Pipe- Ceiling 3 0.25 0.01 0.56 0.7105 0.7212 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 13.91 17.5714 17.8354 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 1.84 2.3274 2.3624 City Hall 1 Caulk Black Door 2 19.33 0.0026 14.50 18.3162 18.5913 City Hall 1 Add Dow -Window -Corner -Exterior 16 0.04 0.0026 0.25 0.3158 0.3205 City Hall 1 Add Dow -Window -Corner -Exterior 16 0.04 0.0026 0.25 0.3158 0.3205 City Hall 0 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 City Hall 0 No Cost Box -Sill -Perimeter 1 417.00 1.17 - - - City Hall 0 Insulate Sprayfoam-Box-Sill-Perimeter 1 417.00 0.01 312.75 395.0612 400.9962 City Hall 0 Caulk Black Door 2 19.33 0.0026 14.50 18.3162 18.5913 City Hall 0 Replace -Astragal-Door Sweep 1 13.00 0.01 9.75 12.3161 12.5011 City Hall 0 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 1.84 2.3274 2.3624 City Hall 0 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 City Hall 1 Add Dow -Window -Corner -Exterior 4 0.04 0.0026 0.06 0.0789 0.0801 City Hall 1 Add Dow -Window -Corner -Exterior 4 0.04 0.0026 0.06 0.0789 0.0801 City Hall 1 Caulk Black Door 1 19.33 0.0026 7.25 9.1581 9.2957 City Hall 0 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 City Hall 0 Caulk Black Door 1 19.33 0.0026 7.25 9.1581 9.2957 City Hall 1 Caulk Black Door 1 19.33 0.0026 7.25 9.1581 9.2957 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 City Hall 1 Caulk Black Door 1 19.33 0.0026 7.25 9.1581 9.2957 City Hall 1 Add Backer Rod -Dow -Penetration Wall -Exterior 1 3.83 0.01 2.88 3.6317 3.6862 City Hall 1 Replace -Door Sweep -Automatic 1 42.00 0.01 31.50 39.7903 40.3881 City Hall 1 Caulk Black Door 2 29.29 0.0013 10.98 13.8753 14.0837 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Building Maintenance and Facilities Management 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Building Maintenance and Facilities Management 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 9.00 0.01 13.50 17.0530 17.3092 Building Maintenance and Facilities Management 1 Insulate Sprayfoam-Wall-Beam-Ceiling 1 37.46 0.01 56.19 70.9784 72.0447 Building Maintenance and Facilities Management 1 Clear Caulk - Window - Frame - Wall -Perimeter 1 36.67 0.00 13.75 17.3688 17.6297 Building Maintenance and Facilities Management 1 Add Gasket -Electrical Receptacle 7 0.00 0.00 6.73 8.4975 8.6251 Building Maintenance and Facilities Management 1 jAdd Gasket -Electrical Receptacle 1 11 0.001 0.001 0.96 1.2139 1 1.2322 06-16-2021 - BE - City of Fayetteville_JCI (swh)2 Building Maintenance and Facilities Management 1 Clear Caulk - Window - Frame - Wall -Perimeter 1 25.25 0.00 4.73 5.9804 6.0702 Building Maintenance and Facilities Management 1 Insulate Sprayfoam-Penetration Wall 1 142.00 0.01 106.50 134.5292 136.5503 Building Maintenance and Facilities Management 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling -Perimeter 1 80.00 0.01 60.00 75.7911 76.9297 Building Maintenance and Facilities Management 1 Replace Weatherstripping -Overhead Garage Door 1 33.60 0.01 50.40 63.6645 64.6210 Building Maintenance and Facilities Management 1 Replace Weatherstripping -Astragal -Door Sweep 1 31.75 0.01 47.63 60.1592 61.0630 Building Maintenance and Facilities Management 1 Insulate Sprayfoam-Door-Frame-Wall 2 6.92 0.01 10.38 13.1055 13.3024 Building Maintenance and Facilities Management 1 Add Rigid Insulation -Spray Foam -Penetration Vent 1 6.42 0.02 14.44 18.2372 18.5112 Building Maintenance and Facilities Management 1 Insulate Sprayfoam-Wall-Beam-Ceiling-Perimeter 1 33.30 0.01 24.98 31.5481 32.0220 Building Maintenance and Facilities Management 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Building Maintenance and Facilities Management 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Building Maintenance and Facilities Management 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 1 79.00 0.01 59.25 74.8437 75.9681 Building Maintenance and Facilities Management 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Building Maintenance and Facilities Management 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 26.32 0.01 39.48 49.8706 50.6198 Building Maintenance and Facilities Management 1 Add Metal -Frame -Drywall -Spray Foam 2 1.57 0.26 118.32 149.4540 151.6993 Building Maintenance and Facilities Management 1 Replace Weatherstripping -Astragal -Door Sweep 2 24.58 0.01 36.88 46.5800 47.2797 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 1 14.13 0.01 10.59 13.3819 13.5829 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 1 14.13 0.01 10.59 13.3819 13.5829 Town Center 1 Clear Caulk Door 2 36.50 0.0013 13.69 17.2899 17.5496 Town Center 1 Clear Caulk Door 2 43.96 0.0013 16.48 20.8228 21.1356 Town Center 1 Clear Caulk Door 2 36.50 0.0013 13.69 17.2899 17.5496 Town Center 1 Clear Caulk Door 2 43.96 0.0013 16.48 20.8228 21.1356 Town Center 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Town Center 1 Replace -Door Sweep 2 3.00 0.01 4.50 5.6843 5.7697 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Replace -Door Sweep 2 3.00 0.01 4.50 5.6843 5.7697 Town Center 1 Replace -Door Sweep 2 3.00 0.01 4.50 5.6843 5.7697 Town Center 1 Replace -Door Sweep 2 3.00 0.01 4.50 5.6843 5.7697 Town Center 1 Replace -Door Sweep 2 3.00 0.01 4.50 5.6843 5.7697 Town Center 1 Replace -Door Sweep 2 3.00 0.01 4.50 5.6843 5.7697 Town Center 1 Replace -Door Sweep 2 3.00 0.01 4.50 5.6843 5.7697 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Replace Vertical Sweep -Door Sweep 1 14.00 0.01 10.50 13.2634 13.4627 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Clear Caulk Door 2 20.79 0.0013 7.80 9.8489 9.9969 Town Center 1 Replace Vertical Sweep -Door Sweep 1 14.00 0.01 10.50 13.2634 13.4627 Town Center 1 Replace -Door Sweep 1 3.00 0.01 2.25 2.8422 2.8849 Town Center 1 Clear Caulk Door 1 20.79 0.0013 3.90 4.9244 4.9984 Town Center 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Town Center 1 Replace -Door Sweep 1 3.00 0.01 2.25 2.8422 2.8849 Town Center 1 Clear Caulk Door 1 20.79 0.0013 3.90 4.9244 4.9984 Town Center 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 District Court 11 Replace -Astragal-Door Sweep 11 13.331 0.011 10.00 1 12.6319 1 12.8216 06-16-2021 - BE - City of Fayetteville_JCI (swh)3 District Court 1 Clear Caulk Door 2 19.46 0.0013 7.30 9.2173 9.3558 District Court 1 Replace -Astragal-Door Sweep 1 6.00 7.33 1.89 2.3871 2.4230 District Court 1 Clear Caulk Door 1 19.46 0.0013 3.65 4.6087 4.6779 District Court 1 Replace -Door Sweep 1 3.00 0.01 2.25 2.8422 2.8849 District Court 1 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 13.91 17.5714 17.8354 District Court 1 Replace Weatherstripping -Door Sweep 1 19.33 0.01 14.50 18.3162 18.5913 District Court 1 Clear Caulk Door 2 19.46 0.0013 7.30 9.2173 9.3558 District Court 1 Replace -Astragal-Door Sweep 1 13.00 0.01 9.75 12.3161 12.5011 District Court 1 Replace -Astragal-Door Sweep 1 6.00 7.00 1.84 2.3274 2.3624 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #7 1 Clear Caulk Door 1 18.96 0.0013 3.55 4.4902 4.5577 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 6.92 4.19 5.2864 5.3659 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #7 2 Replace -Door Sweep 1 3.00 0.01 2.25 2.8422 2.8849 Fire Station #7 2 Clear Caulk Door 1 18.96 0.0013 3.55 4.4902 4.5577 Fire Station #7 2 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #7 2 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 District Court 1 Add Fiberglass Insulation -Spray Foam -Wall -Beam - Ceiling 1 1265.50 0.01 949.13 1,198.9208 1,216.9320 Fire Station #3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #3 Replace Weatherstripping -Door Sweep 1 3.00 6.92 4.19 5.2864 5.3659 Fire Station #3 Replace -Door Sweep 1 3.00 0.01 2.25 2.8422 2.8849 Fire Station #3 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #3 Replace Weatherstripping -Door Sweep 1 3.00 6.92 4.19 5.2864 - Fire Station #3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #3 Replace Weatherstripping -Door Sweep 1 3.00 6.92 4.19 5.2864 5.3659 Fire Station #3 Clear Caulk - Window 6 26.67 0.0052 120.00 151.5822 153.8594 Fire Station #3 Clear Caulk - Window 2 26.67 0.0052 40.00 50.5274 51.2865 Fire Station #3 Clear Caulk - Window 4 26.67 0.0052 80.00 101.0548 102.5730 Fire Station #3 Clear Caulk Door 1 18.96 0.0013 3.55 4.4902 4.5577 Fire Station #3 Clear Caulk - Window 1 26.67 0.0052 20.00 25.2637 25.6432 Fire Station #3 Clear Caulk - Window 1 47.33 0.0052 35.50 44.8431 45.5168 Fire Station #3 Clear Caulk - Window 1 26.67 0.0052 20.00 25.2637 25.6432 Fire Station #3 Clear Caulk - Window 1 47.33 0.0052 35.50 44.8431 45.5168 Fire Station #3 Clear Caulk - Window 1 47.33 0.0052 35.50 44.8431 45.5168 Fire Station #3 Clear Caulk - Window 1 26.67 0.0052 20.00 25.2637 25.6432 Fire Station #3 Clear Caulk - Window 1 26.67 0.0052 20.00 25.2637 25.6432 Fire Station #3 Clear Caulk - Window 1 26.67 0.0052 20.00 25.2637 25.6432 Fire Station #3 Clear Caulk - Window 1 26.67 0.0052 20.00 25.2637 25.6432 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #5 1 Replace Weatherstripping -Door Sweep 11 3.001 7.00 4.19 1 5.2864 I- 06-16-2021 - BE - City of Fayetteville_JCI (swh)4 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 - Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #5 1 Clear Caulk Door 1 18.96 0.0013 3.55 4.4902 4.5577 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 6.92 4.19 5.2864 - Fire Station #4 1 Clear Caulk Door 1 18.96 0.00 3.55 4.4902 4.5577 Fire Station #4 1 Clear Caulk Door 1 17.00 0.00 6.38 8.0528 8.1738 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #4 1 Clear Caulk Door 1 18.96 0.00 3.55 4.4902 4.5577 Fire Station #4 1 Clear Caulk Door 1 17.00 0.00 6.38 8.0528 8.1738 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 6.92 4.19 5.2864 5.3659 Fire Station #6 1 Clear Caulk Door 1 18.96 0.0013 3.55 4.4902 4.5577 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #6 1 Clear Caulk Door 1 18.96 0.0013 3.55 4.4902 4.5577 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 6.92 4.19 5.2864 - Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 63.00 79.5807 - Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 4.19 5.2864 5.3659 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 4.19 5.2864 5.3659 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 1.32 1.6635 1.6885 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 1.42 1.7903 1.8172 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 1.32 1.6635 1.6885 Fire Station #1 11 IReplace Weatherstripping -Door Sweep 11 3.001 7.001 4.19 1 5.2864 1 5.3659 06-16-2021- BE - City of Fayetteville_JCI (swh)5 Fire Station #1 1 Clear Caulk Door 1 18.96 0.00 3.55 4.4902 4.5577 Fire Station #1 1 Clear Caulk Door 1 17.00 0.00 6.38 8.0528 8.1738 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 4.19 5.2864 5.3659 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 4.19 5.2864 5.3659 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.50 6.58 4.19 5.2864 5.3659 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 54.00 68.2120 - Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 3.00 6.67 4.19 5.2864 5.3659 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.67 6.67 1.32 1.6710 1.6961 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.67 6.67 1.32 1.6710 1.6961 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.67 6.67 1.32 1.6710 1.6961 06-16-2021 - BE - City of Fayetteville_JCI (swh)6 Attachment 8 FIM 2.0 - HVAC Upgrades - Unitary HVAC Savings FIM 3.0 - BAS Upgrades - BAS Upgrade Savings FIM 5 - Water Conservation Savings Calculations FIM 6 - Building Envelope Savings Calculations Hour Groups Summary Site EXISTING Cooling FLH Heating FLH Airport 1501 2181 Animal Shelter 1501 2181 City Hall 1061 1537 Development Services 1501 1185 District Courts Building 1584 1185 Facilities Management 1501 2181 Fayetteville Senior Center 1501 1791 Fayetteville Town Center Exhibition Hall 1501 1791 Fire Station 1 1732 2181 Fire Station 2 1732 1 2181 Fire Station 3 1732 2181 Fire Station 4 1732 2181 Fire Station 5 1732 2181 Fire Station 6 1732 2181 Fire Station 7 1732 2181 Fire Training Facility 1501 2181 Fleet Transportation 1561 1791 Greenhouse and Office 1501 2181 Media Center 1501 1185 Parks and Recreation 1501 1791 Police HQ 1501 1185 Recycling Trash Center 1501 1791 Richardson Community Center 1274 1791 Sustainability Office 1501 1791 Water -Sewer Offices 1501 1791 Hour Groups Summary Site EXISTING POST RETROFIT Cooling FLH Heating FLH Cooling FLH Heating FLH Airport 1501 2181 1501 2181 Animal Shelter 1501 2181 764 723 City Hall 1061 1537 738 1090 Development Services 1501 1185 625 364 District Courts Building 1584 1185 672 387 Facilities Management 1501 2181 636 710 Fayetteville Senior Center 1501 1791 625 548 Fayetteville Town Center Exhibition Hall 1501 1791 613 513 Fire Station 1 1732 2181 1732 2181 Fire Station 2 1732 2181 1732 2181 Fire Station 3 1732 2181 1732 2181 Fire Station 4 1732 2181 1732 2181 Fire Station 5 1732 2181 1732 2181 Fire Station 6 1732 2181 1732 2181 Fire Station 7 1732 2181 1732 2181 Fire Training Facility 1501 2181 636 710 Fleet Transportation 1561 1791 662 583 Greenhouse and Office 1501 2181 636 710 Media Center 1501 1185 625 364 Parks and Recreation 1501 1791 625 548 Police HQ 1501 1185 625 364 Recycling Trash Center 1501 1791 625 548 Richardson Community Center 1274 1791 555 471 Sustainability Office 1501 1791 625 548 Water -Sewer Offices 1501 1791 625 548 GENERALDATA POST -RETROFIT Richardso . Sustainability .tyO_ NOTES 1: SS=Split System PU = Packaged Unit 2: Heat Cap in units of kW for electric heat (EH) and kBtu/hr for all other types. 3: Heating Eff as COP for heat pump heat (HP) and as %for all other types. DOMESTIC PLUMBING FIXTURE WATER SAVINGS CALCULATION SHEET Building Names: Bryce Davis Park City Hall Developm Gary Hampton Gordon HappV Hollow Complex- Fleet ran Lake Favettevill a Lake Sequovah Lewis Soccer Complex Mt Sequovah Greenhous Police Headauart Recycling Senior Center Lone Park ent Services &Trash & Restrooms & Restrooms ers Complex e & Office sportation Population Demographics Variable Name Formula or explanation Population Categories: Estimated FTE Estimated FTE Estimated FTE Estimated I FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE PD1 Total cat e o o ulation Average hourly population 10 290 28 35 39 79 25 10 25 5 176 66 63 PD2 Percent of total population that is male Population %that is male 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% 50% PD3 = PD1 x (100%- P132) Female population 5 145 14 18 20 40 13 5 13 3 88 33 32 PD4 = PD1 x PD2 Male population 5 145 14 18 20 40 13 5 13 3 88 33 32 PDS Average hours per day of occupation Average hours per day occupied 8 8 8 8 8 8 8 8 8 8 8R25%215% 8 PD6 Average days per year of occupation Average days per year occupied 260 260 260 260 260 260 260 260 260 260 260260 PD7 Domestic Input Yes or No to vary calculation for shower, lav, and kitchen faucet Residential (Yes or No) No No No No No No No No No No N0No Use UF1 Factors The % of time toilets are flushed after use Flush Factor 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%00% UF2 This factor will decrease urinal use if appropriate %of Urinals Available to Males 100% 100% 100% 100% 100% 100% 100% 100% 100% 0% 100%00% UF3 This factor will decrease lavatory use ifappropriate Lavatory Use Factor 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% UF4 This factor will decrease kitchen/general purpose faucet use if ro riateUF5 Kitchen/General Purpose Faucet Use Factor 0% 50% 50% 0% 0% 75% 0% 0% 10% 50% 25%a D. This factor will decrease shower use if a ro riate Shower Use Factor 0% 0% 0% 0% 0% 5% 0% 0% 0% 0% 5% 1% TFPre Weighted averages obtained from investment grade water audit inspections. Toiletflowrate -gpf 4.00 2.05 3.20 3.21 3.50 2.83 3.05 1.60 1.60 1.60 2.35 1.60 3.02 UFPre Urinalflowrate -gpf 3.50 1.00 1.00 2.00 1.00 1.10 0.00 1.28 1.00 0.00 1.50 1.00 1.00 LFPre Lavatory flowrate -gpm 2.50 0.99 1.35 3.00 2.35 1.72 2.18 2.20 2.20 3.00 1.09 2.20 0.97 KFPre Kitchen/General Purpose Faucet flowrate -gpm 0.00 2.20 2.20 0.00 0.00 1.25 1.80 0.00 2.20 2.20 2.20 1.50 1.85 SFPre Showerflowrate -gpm 0.00 0.00 0.00 0.00 0.00 2.50 2.50 0.00 0.00 0.00 2.50 2.50 2.50 Domestic Average TFPost Flowrates - Proposed Weighted averages based on proposed installations/ retrofits obtained from investment grade audit inspections. Toiletflowrate -gpf 1.60 1.23 1 1.28 1.60 1.28 1.24 1 1.12 1 0.96 1.60 0.96 1.28 0.96 1.24 UFPost Urinalflowrate -gpf 0.500 0.250 1 0.250 1 0.250 1 0.500 1 0.250 1 0.000 1 0.250 0.500 1 0.000 1 0.250 1 0.250 0.500 LFPost Lavatory flowrate -gpm 0.50 0.50 1 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 KFPost Kitchen/General Purpose Faucet flowrate - gpm 0.00 1.00 1.00 0.00 0.00 1.00 1.80 0.00 1.00 1.00 1.60 1.5o 1.00 1 SFPost Showerflowrate -gpm 0.00 0.00 1 0.00 1 0.00 1 0.00 1 2.50 1 2.50 1 0.00 0.00 1 0.00 1 2.50 1 2.50 2.50 DOMESTIC PLUMBING FIXTURE WATER SAVINGS CALCULATION SHEET Building Names: DomesticBuilding DCPrel =sum of categories forACPre1 Toilet consumption per year (gal/yr) Bryce Davis Park City Hall Developm Gary Hampton Gordon HappV Hollow Complex- Fleet ran Lake Favettevill a 49,563 Lake Sequovah Lewis Soccer Complex Mt Sequovah Greenhous Police Headauart Recycling Senior Center 1123,760 Lone Park ent Services &Trash & Restrooms 386,425 & Restrooms ers 1 268,840 Complex 73,125 10,400 e & Office 26,000 58,240 88,725 sportation 26,000 1 8,320 1 68,640 1 145,064 DCPre2 =sum of categories forACPre2 Uri nalconsumption per year (gal/yr) 13,650 113,100 10,920 27,300 15,210 33,891 0 4,992 9,750 1 0 1 102,960 1 25,740 1 24,570 DCPre3 = sum of categories for ACPre3 Lavatory consumption per year (gal/yr) 2,600 30,001 3,931 10,920 9,532 14,150 5,655 2,288 5,720 1,560 19,890 15,101 6,355 DCPre4 = sum of categories for ACPre4 Kitchen/General Purpose faucet consumption per year (gal, 0 165,880 16,016 0 0 38,513 0 0 2,860 2,860 50,336 12,870 15,152 DCPre5 = sum of categories for ACPreS IShower consumption per year (gal/yr) 0 0 0 0 0 20,540 0 0 0 0 45,760 3,432 3,276 DCPreTotal Building Domestic DCPostl =DCPrel+DCPre2+DCPre3+DCPre4+DCPre5 Subtotals - Consumption (Post -Program =sum of categories forACPost1 TOTAL DOMESTIC CONSUMPTION PRE-PROGRAM(gal/yr) 42,250 17 Toilet consumption per year (gal/yr) 10,400 695,406 1 231,227 89,107 1 23,296 111,345 36,400 113,467 -11 32,448 252,157 63,674 55,218 11 18,200 17,680 6,240 44,330 26,000 12,740 4,992 487,786 146,432 1 125.783 A 41,184 173,113 50,960 DCPostl = sum of categories for ACPost2 Urinal consumption per year (gal/yr) 1,950 28,275 2,730 3,413 7,605 7,703 0 975 4,875 0 17,160 6,435 12,285 DCPost3 = sum of categories for ACPost3 Lavatory consumption per year (gal/yr) 520 15,080 1,456 1,820 2,028 4,108 1,300 520 1,300 260 9,152 3,432 3,276 DCPost4 = sum of categories for ACPost4 Kitchen/General Purpose faucet consumption per year (gal, 0 75,400 7,280 0 0 30,810 0 0 1,300 1,300 36,608 12,870 8,190 DCPost5 = sum of categories for ACPostS Shower consumption per year (gal/yr) 0 0 0 0 0 20,540 0 0 0 0 45,760 3,432 3,276 DCPostTotal DomesticBuildina DCSavl =DCPostl+DCPostl+DCPost3 +DCPost4 +DCPost5 = DCPrel- DCPostl TOTAL DOMESTIC CONSUMPTION POST-PROGRAM(gal/yi 12,870 Toilet savings per year(gal/yr) 15,600 349,982 155,198 34,762 34,944 41,633 36,725 42,081 56,277 126,835 81,390 19,500 31,363 7,735 4,160 33,475 0 6,552 3,328 255,112 122,408 67,353 27,456 77,987 72,800 DCSavl = DCPre2- DCPostl Urinal savings per year(gal/yr) 11,700 84,825 8,190 23,888 7,605 26,189 0 4,017 4,875 0 85,800 19,305 12,285 DCSav3 = DCPre3 - DCPost3 Lavatory savings per year (gal/yr) 2,080 14,921 2,475 9,100 7,504 10,042 4,355 1,768 4,420 1,300 10,738 11,669 3,079 DCSav4 = DCPre4 - DCPost4 Kitchen/General Purpose faucet savings per year (gal/yr; 0 90,480 8,736 0 0 7,703 0 0 1,560 1,560 13,728 0 6,962 DCSav5 = DCPre5 - DCPost5 Shower savings per year (gal/yr) 0 0 0 0 0 0 0 0 0 0 0 0 0 DCSavTotal =DCSav1+DCSav2+DCSav3+DCSav4+DCSav5 TOTAL DOMESTIC SAVINGS(gal/yr) 29,380 345,425 54,345 69,713 71,386 125,323 35,718 9,945 10,855 6,188 232,674 58,430 95,126 DOMESTIC PLUMBING FIXTURE WATER SAVINGS CALCULATION SHEET Building Names: Traffic Shop _ Parks Veterans Water & West Shop White River Park Wilson Park Yvonne Sewer Office - $ Richardso Memorial Communit Park- Restroom Industrial Dr v CentePopulation Demographics Variable Name Formula or explanation Population Categories: Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE Estimated FTE PD1 Total cat egory population Average hourly population 25 63 76 65 5 125 16 PD2 Percent of total population that is male Population %that is male 50% 50% 50% 50% 50% 50% 50% PD3 = PD1 x (100%- P132) Female population 13 32 38 33 3 63 8 PD4 = PD1 x PD2 Male population 13 32 38 33 3 63 8 PD5 Average hours per day of occupation Average hours per day occupied 8 8 8 8 8 8 8 PD6 Average days per year of occupation Average days per year occupied 260 260 260 260 260 260 260 PD7 Domestic Input Yes or No to vary calculation for shower, lav, and kitchen faucet Residential (Yes or No) No No No No No No No Use UF1 Factors The %of time toilets are flushed after use Flush Factor 100% 100% 100% 100% 100% 100% 100% UF2 This factor will decrease urinal use if appropriate %of Urinals Available to Males 100% 100% 100% 0% 100% 100% 100% UF3 This factor will decrease lavatory use if appropriate Lavatory Use Factor 100% 100% 100% 100% 100% 100% 100% UF4 This factor will decrease kitchen/general purpose faucet use if appropriate Kitchen/General Purpose Faucet Use Factor 10% 0% 25% 0% 10% 5% 25% UF5 This factor will decrease shower use if appropriate Shower Use Factor 1% 1% 1% 0% 0% 25% 1% D. TFPre Weighted averages obtained from investment grade water audit inspections. Toiletflowrate -gpf 3.00 2.40 2.92 1.60 6.50 2.38 3.00 UFPre Urinalflowrate -gpf 1.00 1.50 1.00 0.00 1.00 1.00 1.00 UFPre Lavatory flowrate -gpm 1.80 0.50 2.20 1.00 2.67 1.55 2.20 KFPre Kitchen/General Purpose Faucet flowrate -gpm 1.50 0.00 1.00 0.00 2.75 2.10 2.20 SFPre Showerflowrate -gpm 2.50 2.50 2.50 0.00 0.00 2.50 2.50 Domestic Average TFPost Flowrates - Proposed Weighted averages based on proposed installations/ retrofits obtained from investment grade audit inspections. Toiletflowrate -gpf 1.28 2.40 1.28 0.96 1.28 1.75 1 1.28 UFPost Urinalflowrate -gpf 0.250 0.500 0.250 0.000 0.250 0.375 0.250 UFPost Lavatory flowrate -gpm 0.50 0.50 1 0.50 0.50 0.50 0.50 0.50 1 KFPost Kitchen/General Purpose Faucet flowrate -gpm 1.50 0.00 1.00 0.00 1.00 1.00 1.00 SFPost Showerflowrate -gpm 2.50 2.50 1 2.50 1 0.00 1 0.00 1 2.50 2.50 DOMESTIC PLUMBING FIXTURE WATER SAVINGS CALCULATION SHEET Building Names: Building Domestic Subtotals - Consumption (Pre -Program DCPrel =sum of categories for ACPre1 Toilet consumption per year (gal/yr) Traffic Shop _ Parks 48,750 Veterans Water & West Shop White River Park Wilson Park 192,969 Yvonne Sewer Office - $ Richardso Memorial Communit Park- Restroom Industrial 108,160 J6 21,125 Dr 144,083 v Center 98,280 31,200 DCPre2 = sum of categories for ACPre2 Urinal consumption per year (gal/yr) 9,750 36,855 29,640 0 1,950 48,750 6,240 DCPre3 = sum of categories for ACPre3 Lavatory consumption per year (gal/yr) 4,680 3,276 17,389 6,760 1,387 20,100 3,661 DCPre4 = sum of categories for ACPre4 Kitchen/General Purpose faucet consumption per year (gal, 1,950 0 9,880 0 715 6,825 4,576 DCPre5 = sum of categories for ACPreS IShower consumption per year (gal/yr) 1,300 3,276 3,952 0 0 162,500 832 DCPreTotal =DCPrel+DCPre2+DCPre3+DCPre4+DCPre5 Building Domestic Subtotals - Consumption (Post -Program DCPostl = sum of categories for ACPost1 TOTALDOMESTICCONSUMPTIONPRE-PROGRAM (gal/yr) 66,430 Toilet consumption per year (gal/yr) 20,800 141,687 98,280 204,944 A 1 63,232 114,920 64,896 25,177 I 4,160 411,144 I 141,917 46,509 13,312 DCPostl = sum of categories for ACPost2 Urinal consumption per year (gal/yr) 2,438 12,285 7,410 0 488 18,281 1,560 DCPost3 = sum of categories for ACPost3 Lavatory consumption per year (gal/yr) 1,300 3,276 3,952 3,380 260 6,500 832 DCPost4 = sum of categories for ACPost4 Kitchen/General Purpose faucet consumption per year (gal, 1,950 0 9,880 0 260 3,250 2,080 DCPost5 = sum of categories for ACPostS Shower consumption per year (gal/yr) 1,300 3,276 3,952 0 0 162,500 832 DCPostTotal =DCPostl+DCPostl+DCPost3 +DCPost4 +DCPost5 DomesticBuildina DCSavl = DCPrel- DCPostl TOTAL DOMESTIC CONSUMPTION POST-PROGRAM(gal/yi 27,788 Toilet savings per year(gal/yr) 27,950 117,117 0 88,426 80,851 68,276 43,264 5,168 16,965 332,448 51,052 18,616 17,888 DCSavl = DCPre2 - DCPost2 Urinal savings per year (gal/yr) 7,313 24,570 22,230 0 1,463 30,469 4,680 DCSav3 = DCPre3 - DCPost3 Lavatory savings per year (gal/yr) 3,380 0 13,437 3,380 1,127 13,600 2,829 DCSav4 = DCPre4- DCPost4 Kitchen/General Purpose faucet savings per year(gal/yr; 0 0 0 0 455 3,575 2,496 DCSav5 = DCPre5 - DCPost5 Shower savings per year (gal/yr) 0 0 0 0 0 0 0 DCSavTotal =DCSav1+DCSav2+DCSav3+DCSav4+DCSav5 TOTAL DOMESTIC SAVINGS(gal/yr) 38,643 24,570 116,518 46,644 20,009 98,696 27,893 DOMESTIC HOT WATER CALCULATION SHEET ROM 6L Overall DHW Efficiency Lavatory (GAMA Percentage of Faucet Hot Energy Building Water Design DHW Fuel Factor Under this Temperature Building Name Type Rating) DHW Profile (°F) Kitchen / General Purpose Faucet Hot Water Design Temperature (°F) Shower Hot Water Design Temperature (°F) Existing Kitchen / Existing General Existing Lavatory Purpose Shower Faucet Annual Faucet Annual Annual Total Total Water Total Water Water Consumption Consumption Consumption (gal/yr) (gal/yr) (gal/yr) In let Water Temp. (°F) Baseline Annual Baseline Annual Electric Natural Gas Consumption Consumption (kW(therm/yr) Proposed Kitchen / Proposed General Proposed Lavatory Purpose Shower Faucet Annual Faucet Annual Annual Total Total Water Total Water Water Consumption Consumption Consumption (gal/yr) (gal/yr) (gal/yr) Proposed Annual Proposed Annual Natural Gas Electric Consumption Consumption (kWh/yr) (therm/yr) Annual Electric Savings (kWh/yr) Annual Natural Gas Savings (therm/yr) City Hall Electric 98% 100% 72 85 106 30,001 165,880 0 60 11,213 0 15,080 75,400 0 5,140 0 6,073 0 Development Services Electric 98% 100% 72 85 306 3,931 16,016 0 60 1,114 0 1,456 7,280 0 496 0 617 0 Gary Hampton Electric 98% 100% 72 85 106 10,920 0 0 60 326 0 1,820 0 0 54 0 272 0 Gordon Long Park & Restrooms Electric 98% 300% 72 85 106 9,532 0 0 60 285 0 2,028 0 0 61 0 224 0 Happy Hollow Complex- Fleet/Trans ortation Electric 98% 100% 72 85 106 14,150 38,513 20,540 60 5,169 0 4,108 30,810 20,540 4,390 0 779 0 Lake Fayetteville Electric 98% 100% 72 85 106 5,655 0 0 60 169 0 1,300 0 0 39 0 230 0 Lake Sequoyah Electric 98% 100% 72 85 106 2,288 0 0 60 68 0 520 0 0 16 0 53 0 Lewis Soccer Complex Electric 98% 100% 72 85 106 5,720 2,860 0 60 349 0 1,300 11300 0 120 0 229 0 Mt Sequoyah Greenhouse &Office Electric 98% 100% 72 85 106 1,560 2,860 0 60 224 0 260 1,300 0 89 0 136 0 Police Headquarters Electric 98% 100% 72 85 106 19,890 50,336 45,760 60 8,962 0 9,152 36,608 45,760 7,787 0 1,174 0 Recycling &Trash Complex Electric 98% 100% 72 85 106 15,101 12,870 3,432 60 1,644 0 3,432 12,870 3,432 1,296 0 348 0 Senior Center Electric 98% 100% 72 85 106 6,355 15,152 31276 60 11507 0 3,276 8,190 3,276 992 0 525 0 Traffic Shop - Parks Electric 98% 100% 72 85 106 4,680 1,950 1,300 60 410 0 1,300 1,950 1,300 309 0 101 0 Veterans Memorial Park - Restroom Electric 98% 100% 72 85 106 3,276 0 3,276 60 473 0 3,276 0 3,276 473 0 0 0 Water &Sewer Office -S Industrial Or Electric 98% 100% 72 85 106 17,389 9,880 3,952 60 1,586 0 3,952 9,880 3,952 1,185 0 401 0 West Shop Electric 98% 100% 72 85 106 6,760 0 0 60 202 0 3,380 0 0 1 101 0 101 0 White River Park Electric 98% 1 100% 72 85 106 1,387 715 0 60 86 0 260 260 0 24 0 62 0 Wilson Park Electric 98% 100% 72 85 306 20,300 6,825 162,500 60 19,622 0 6,500 3,250 162,500 18,994 0 628 0 Yvonne Richardson Community Center Electric 98% 300% 72 85 106 3,661 4,176 832 60 489 0 832 2,080 832 249 0 240 0 Buildings Add Backer Rod -Dow- Penetrati on Wall- Add Cap- Caulk- Penetrati on Vent Add Dow- Window- Corner- Exterior Add Fiberglas s Insulatio n-Spray Add Gasket- Electrical Receptacl e Add Metal Cover- Spray Foam- Add Metal- Frame- Drywall- Spray Add Rigid Insulatio n-Spray Foam- Wall- Add Rigid Insulatio n-Spray Foam- Wall- Add Rigid Insulatio n-Spray Foam- Wall- Add Rigid Insulatio n-Spray Foam- Penetrati Add Rigid Insulatio n-Spray Foam - Penetrati Animal Shelter 2 2 3 1 Building Maintenance and Facilities Management 2 1 1 1 2 1 City Hall 1 4 District Court 1 Fayetteville Television Center 1 Fire Marshall 1 Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Fire Station #6 Fire Station #7 Marion Orton Recycling Drop Off Rangers Pantry Pet Food Bank 1 1 Town Center Sub Total 1 1 5 11 2 2 1 4 1 6 1 1 Buildings Add Rigid Insulatio n-Spray Foam- Penetrati Add Rigid Insulatio n-Spray Foam- Penetrati Caulk Black Door Clear Caulk - Window Clear Caulk - Window- Frame - Wall- Clear Caulk Door Clear Caulk Door Frame- Wall Don't Do Insulate Sprayfoa m-Box- Sill- Perimete Insulate Sprayfoa m-Door- Frame- Wall Insulate Sprayfoa m- Penetrati on Insulate Sprayfoa m- Penetrati on Wall Animal Shelter 3 2 3 1 Building Maintenance and Facilities Management 2 1 1 City Hall 7 1 District Court 3 Fayetteville Television Center 1 Fire Marshall 1 2 Fire Station #1 2 Fire Station #2 Fire Station #3 12 1 Fire Station #4 4 Fire Station #5 1 Fire Station #6 2 Fire Station #7 2 Marion Orton Recycling Drop Off 1 Rangers Pantry Pet Food Bank 1 Town Center 15 Sub Total 3 2 12 121 2 31 1 1 1 1 21 1 Buildings Insulate Sprayfoa m-Pipe- Ceiling Insulate Sprayfoa m-Pipe- Wall Insulate Sprayfoa m-Wall- Beam- Ceiling Insulate Sprayfoa m-Wall- Beam- Ceiling- Insulate Sprayfoa m-Wall- Ceiling No Cost Attic No Cost Box -Sill- Perimete r No Cost Penetrati on Vent- Ceiling No Cost Penetrati on Vent- Wall No Cost Wall- Ceiling Replace - Astragal- Door Sweep Replace Vertical Sweep - Door Sweep Animal Shelter 1 1 5 3 Building Maintenance and Facilities Management 1 1 City Hall 1 1 District Court 4 Fayetteville Television Center 4 2 1 1 Fire Marshall 1 1 1 Fire Station #1 Fire Station #2 Fire Station #3 Fire Station #4 Fire Station #5 Fire Station #6 Fire Station #7 Marion Orton Recycling Drop Off Rangers Pantry Pet Food Bank 1 Town Center 2 Sub Total 11 51 21 1 31 01 1 11 51 41 6 2 Buildings Replace Vertical Sweep- Door Sweep- Replace Weathers tripping- Astragal- Door Replace Weathers tripping- Door Sweep Replace Weathers tripping- Overhea d Garage Replace- Door Sweep Replace- Door Sweep - Automati c Grand Total Animal Shelter 5 32 Building Maintenance and Facilities Management 2 4 1 21 City Hall 3 8 1 27 District Court 1 1 1 11 Fayetteville Television Center 2 1 12 Fire Marshall 3 10 Fire Station #1 18 20 Fire Station #2 8 8 Fire Station #3 8 1 22 Fire Station #4 10 14 Fire Station #5 9 10 Fire Station #6 10 12 Fire Station #7 13 1 16 Marion Orton Recycling Drop Off 1 Rangers Pantry Pet Food Bank 5 1 10 Town Center 2 3 9 31 Sub Total 2 8 1061 1 13 1 257 Facility Name Location in Facility Upgraded Code Description Quantity (Existing) Length (ft) Height (ft) Dimensions (Existing) Existing Area Calculation Quantity (Upgraded) Upgraded Area Calculation Dimensions (Upgraded) D-Air Leakage Z Area (in ) Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 19.83 0.01 in2/in2 14.88 1 1 QUANTITY 1.00 Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 19.83 0.01 in2/in2 14.88 1 1 QUANTITY 1.00 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 25.00 0.01 in2/in2 37.50 1 25 LENGTH 1.00 Animal Shelter 1 No Cost Wall -Ceiling 1 25.00 5.00 in2/in2 18000.00 1 125 AREA - Animal Shelter 1 No Cost Wall -Ceiling 1 12.70 5.00 in2/in2 9144.00 1 63.5 AREA - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 12.70 0.01 in2/in2 19.05 1 12.7 LENGTH 1.00 Animal Shelter 1 No Cost Wall -Ceiling 11 18.70 5.00 in2/in2 13464.00 1 93.5 AREA - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 18.70 0.01 in2/in2 28.05 1 18.7 LENGTH 1.00 Animal Shelter 1 Caulk Black Door 1 19.08 0.0013 in2/in2 3.58 1 19.08333333 LENGTH 1.00 Animal Shelter 1 Caulk Black Door 1 19.08 0.0013 in2/in2 3.58 1 19.08333333 LENGTH 1.00 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 1 1.42 0.25 in2/in2 51.00 1 1 QUANTITY 1.00 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 1 1.42 0.25 in2/in2 51.00 1 1 QUANTITY 1.00 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 1 95.00 0.01 in2/in2 71.25 1 95 LENGTH 1.00 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 1 95.00 0.01 in2/in2 71.25 1 95 LENGTH 1.00 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 1 1.42 0.17 in2/in2 34.00 1 1 QUANTITY 1.00 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 in2/in2 136.00 1 0.944444444 AREA - Animal Shelter 1 Insulate Sprayfoam-Wall-Beam-Ceiling 1 60.00 0.0052 in2/in2 45.00 1 60 LENGTH 1.00 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Ceiling 1 5.23 0.26 in2/in2 197.19 1 5.233333333 LENGTH 1.00 Animal Shelter 1 No Cost Penetration Vent -Ceiling 1 1.67 1.67 in2/in2 400.00 1 2.777777778 AREA - Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 20.00 0.01 in2/in2 30.00 1 1 QUANTITY 1.00 Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 20.00 0.01 in2/in2 30.00 1 1 QUANTITY 1.00 Animal Shelter 1 Clear Caulk Door Frame -Wall 1 7.00 0.01 in2/in2 5.25 1 7 LENGTH 1.00 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 in2/in2 136.00 1 0.944444444 AREA - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 1 1.42 0.17 in2/in2 34.00 1 1 QUANTITY 1.00 Animal Shelter 1 Replace Weatherstripping -Door Sweep 1 20.00 0.01 in2/in2 15.00 1 1 QUANTITY 1.00 Animal Shelter 1 Caulk Black Door 1 19.08 0.0013 in2/in2 3.58 1 19.08333333 LENGTH 1.00 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 1 1.42 0.17 in2/in2 34.00 1 1 QUANTITY 1.00 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 in2/in2 136.00 1 0.944444444 AREA - Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 in2/in2 136.00 1 0.944444444 AREA - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 1 1.42 0.17 in2/in2 34.00 1 1 QUANTITY 1.00 Animal Shelter 1 No Cost Penetration Vent -Wall 1 1.42 0.67 in2/in2 136.00 1 0.944444444 AREA - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 1 1.42 0.17 in2/in2 34.00 1 1 QUANTITY 1.00 Fire Marshall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Marshall 1 Clear Caulk Door 1 19.25 0.0013 in2/in2 3.61 1 19.25 LENGTH 1.00 Fire Marshall 1 Replace Weatherstripping -Door Sweep 1 18.17 0.01 in2/in2 13.63 1 1 QUANTITY 1.00 Fire Marshall 1 Insulate Sprayfoam-Penetration 4 0.67 0.01 in2/in2 2.00 4 4 QUANTITY 1.00 Fire Marshall 1 Insulate Sprayfoam-Penetration 15 0.67 0.01 in2/in2 7.50 15 15 QUANTITY 1.00 Fire Marshall 1 Insulate Sprayfoam-Pipe- Wall 1 1.67 0.0026 in2/in2 0.63 1 1 QUANTITY 1.00 Fire Marshall 1 Insulate Sprayfoam-Wall-Ceiling 1 38.00 0.01 in2/in2 28.50 1 38 LENGTH 1.00 Fire Marshall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Marshall 1 Add Cap -Caulk -Penetration Vent 1 1.57 0.26 in2/in2 59.16 1 1 QUANTITY 1.00 Fire Marshall 1 Insulate Sprayfoam-Pipe-Ceiling 3 0.25 0.01 in2/in2 0.56 3 3 QUANTITY 1.00 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 in2/ft2 42.00 1 1 QUANTITY 0.33 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 in2/Iftc 26.00 1 1 QUANTITY 0.07 City Hall 1 Caulk Black Door 2 19.33 0.0026 in2/in2 14.50 2 38.66666667 LENGTH 1.00 City Hall 1 Add Dow -Window -Corner -Exterior 16 0.04 0.0026 in2/in2 0.25 16 16 QUANTITY 1.00 City Hall 1 Add Dow -Window -Corner -Exterior 16 0.04 0.0026 in2/in2 0.25 16 16 QUANTITY 1.00 City Hall 0 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Facility Name Location in Facility Upgraded Code Description Quantity (Existing) Length (ft) Height (ft) Dimensions (Existing) Existing Area Calculation Quantity (Upgraded) Upgraded Area Calculation Dimensions (Upgraded) D-Air Leakage z Area (in ) City Hall 0 No Cost Box -Sill -Perimeter 1 417.00 1.17 in2/in2 70056.00 1 486.5 AREA - City Hall 0 Insulate Sprayfoam-Box-Sill-Perimeter 1 417.00 0.01 in2/in2 312.75 1 417 LENGTH 1.00 City Hall 0 Caulk Black Door 2 19.33 0.0026 in2/in2 14.50 2 38.66666667 LENGTH 1.00 City Hall 0 Replace -Astragal -Door Sweep 1 13.00 0.01 in2/in2 9.75 1 1 QUANTITY 1.00 City Hall 0 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 in2/Iftc 26.00 1 1 QUANTITY 0.07 City Hall 0 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 City Hall 1 lReplace Weatherstripping -Door Sweep 1 3.001 7.00 in2/each 1.001 1 1 QUANTITY 1 4.19 City Hall 1 Add Dow -Window -Corner -Exterior 4 0.04 0.0026 in2/in2 0.06 4 4 QUANTITY 1.00 City Hall 1 Add Dow -Window -Corner -Exterior 4 0.04 0.0026 in2/in2 0.06 4 4 QUANTITY 1.00 City Hall 1 Caulk Black Door 1 19.33 0.0026 in2/in2 7.25 1 19.33333333 LENGTH 1.00 City Hall 0 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 City Hall 0 Caulk Black Door 1 19.33 0.0026 in2/in2 7.25 1 19.33333333 LENGTH 1.00 City Hall 1 Caulk Black Door 1 19.33 0.0026 in2/in2 7.25 1 19.33333333 LENGTH 1.00 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 City Hall 1 Caulk Black Door 1 19.33 0.0026 in2/in2 7.25 1 19.33333333 LENGTH 1.00 City Hall 1 Add Backer Rod -Dow -Penetration Wall -Exterior 1 3.83 0.01 in2/in2 2.88 1 3.833333333 LENGTH 1.00 City Hall 1 Replace -Door Sweep -Automatic 1 42.00 0.01 in2/in2 31.50 1 1 QUANTITY 1.00 City Hall 1 Caulk Black Door 2 29.29 0.0013 in2/in2 10.98 2 58.58333333 LENGTH 1.00 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 City Hall 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.001 1 1 QUANTITY 4.19 Building Maintenance and Facilities IV 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 9.00 0.01 in2/in2 13.50 1 9 LENGTH 1.00 Building Maintenance and Facilities N 1 Insulate Sprayfoam-Wall-Beam-Ceiling 1 37.46 0.01 in2/in2 56.19 1 37.46 LENGTH 1.00 Building Maintenance and Facilities IV 1 Clear Caulk- Window- Frame - Wall -Perimeter 1 36.67 0.00 in2/in2 13.75 1 36.66666667 LENGTH 1.00 Building Maintenance and Facilities N 1 Add Gasket -Electrical Receptacle 7 0.00 0.00 in2/each 7.00 7 7 QUANTITY 0.96 Building Maintenance and Facilities IV 1 Add Gasket -Electrical Receptacle 1 0.00 0.00 in2/each 1.00 1 1 QUANTITY 0.96 Building Maintenance and Facilities N 1 Clear Caulk- Window- Frame - Wall -Perimeter 1 25.25 0.00 in2/in2 4.73 1 25.25 LENGTH 1.00 Building Maintenance and Facilities IV 1 Insulate Sprayfoam-Penetration Wall 1 142.00 0.01 in2/in2 106.50 1 142 LENGTH 1.00 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling -Perimeter 1 80.00 0.01 in2/in2 60.00 1 80 LENGTH 1.00 Building Maintenance and Facilities IV 1 Replace Weatherstripping -Overhead Garage Door 1 33.60 0.01 in2/in2 50.40 1 1 QUANTITY 1.00 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep 1 31.75 0.01 in2/in2 47.63 1 1 QUANTITY 1.00 Building Maintenance and Facilities IV 1 Insulate Sprayfoam-Door-Frame-Wall 2 6.92 0.01 in2/in2 10.38 2 13.83333333 LENGTH 1.00 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam -Penetration Vent 1 6.42 0.02 in2/in2 14.44 1 6.416666667 LENGTH 1.00 Building Maintenance and Facilities IV 1 Insulate Sprayfoam-Wall-Beam-Ceiling-Perimeter 1 33.30 0.01 in2/in2 24.98 1 33.3 LENGTH 1.00 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Building Maintenance and Facilities IV 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 1 79.00 0.01 in2/in2 59.25 1 79 LENGTH 1.00 Building Maintenance and Facilities IV 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 26.32 0.01 in2/in2 39.48 1 26.32 LENGTH 1.00 Building Maintenance and Facilities IV 1 Add Metal -Frame -Drywall -Spray Foam 2 1.57 0.26 in2/in2 118.32 2 2 QUANTITY 1.00 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep 2 24.58 0.01 in2/in2 36.88 2 2 QUANTITY 1.00 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 1 14.13 0.01 in2/in2 10.59 1 1 QUANTITY 1.00 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 1 14.13 0.01 in2/in2 10.59 1 1 QUANTITY 1.00 Town Center 1 Clear Caulk Door 2 36.50 0.0013 in2/in2 13.691 2 73 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 43.96 0.0013 in2/in2 16.48 2 87.91666667 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 36.50 0.0013 in2/in2 13.69 2 73 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 43.96 0.0013 in2/in2 16.48 2 87.91666667 LENGTH 1.00 Town Center 11 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Facility Name Location in Facility Upgraded Code Description Quantity (Existing) Length (ft) Height (ft) Dimensions (Existing) Existing Area Calculation Quantity (Upgraded) Upgraded Area Calculation Dimensions (Upgraded) D-Air Leakage z Area (in ) Town Center 1 Replace -Door Sweep 2 3.00 0.01 in2/in2 4.50 2 2 QUANTITY 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Replace -Door Sweep 2 3.00 0.01 in2/in2 4.50 2 2 QUANTITY 1.00 Town Center 1 Replace -Door Sweep 2 3.00 0.01 in2/in2 4.50 2 2 QUANTITY 1.00 Town Center 1 Replace -Door Sweep 2 3.00 0.01 in2/in2 4.50 2 2 QUANTITY 1.00 Town Center 1 Replace -Door Sweep 2 3.00 0.01 in2/in2 4.50 2 2 QUANTITY 1.00 Town Center 1 Replace -Door Sweep 21 3.00 0.01 in2/in2 4.50 2 2 QUANTITY 1.00 Town Center 1 Replace -Door Sweep 2 3.00 0.01 in2/in2 4.50 2 2 QUANTITY 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Replace Vertical Sweep -Door Sweep 1 14.00 0.01 in2/in2 10.50 1 1 QUANTITY 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Clear Caulk Door 2 20.79 0.0013 in2/in2 7.80 2 41.58333333 LENGTH 1.00 Town Center 1 Replace Vertical Sweep -Door Sweep 1 14.00 0.01 in2/in2 10.50 1 1 QUANTITY 1.00 Town Center 1 Replace -Door Sweep 1 3.00 0.01 in2/in2 2.25 1 1 QUANTITY 1.00 Town Center 1 Clear Caulk Door 1 20.79 0.0013 in2/in2 3.90 1 20.79166667 LENGTH 1.00 Town Center 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Town Center 1 Replace -Door Sweep 1 3.00 0.01 in2/in2 2.25 1 1 QUANTITY 1.00 Town Center 1 Clear Caulk Door 1 20.79 0.0013 in2/in2 3.90 1 20.79166667 LENGTH 1.00 Town Center 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 1 0.33 0.01 in2/in2 0.50 1 1 QUANTITY 1.00 Fayetteville Television Center 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 1 50.00 0.01 in2/in2 75.00 1 50 LENGTH 1.00 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe-Wall 1 0.92 0.01 in2/in2 0.69 1 1 QUANTITY 1.00 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe-Wall 2 0.42 0.01 in2/in2 1.25 2 2 QUANTITY 1.00 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 2 0.25 0.00 in2/in2 0.19 2 2 QUANTITY 1.00 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling 1 25.50 0.01 in2/in2 19.13 1 25.5 LENGTH 1.00 Fayetteville Television Center 1 Replace Weatherstripping -Door Sweep 1 19.17 0.01 in2/in2 14.38 1 1 QUANTITY 1.00 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep 1 32.00 0.01 in2/in2 24.00 1 1 QUANTITY 1.00 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling 1 13.50 0.01 in2/in2 10.13 1 13.5 LENGTH 1.00 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep 1 31.21 0.01 in2/in2 23.41 1 1 QUANTITY 1.00 Fayetteville Television Center 1 Replace -Astragal -Door Sweep 1 13.00 0.01 in2/in2 9.75 1 1 QUANTITY 1.00 Fayetteville Television Center 1 Caulk Black Door 2 23.67 0.0013 in2/in2 8.88 2 47.33333333 LENGTH 1.00 District Court 1 Replace -Astragal -Door Sweep 1 13.33 0.01 in2/in2 10.00 1 1 QUANTITY 1.00 District Court 1 Clear Caulk Door 2 19.46 0.0013 in2/in2 7.30 2 38.91666667 LENGTH 1.00 District Court 1 Replace -Astragal -Door Sweep 1 6.00 7.33 in2/Iftc 26.67 1 1 QUANTITY 0.07 District Court 1 Clear Caulk Door 1 19.46 0.0013 in2/in2 3.65 1 19.45833333 LENGTH 1.00 District Court 1 Replace -Door Sweep 1 3.00 0.01 in2/in2 2.25 1 1 QUANTITY 1.00 District Court 1 Replace Weatherstripping -Astragal -Door Sweep 1 6.00 7.00 in2/ft2 42.00 1 1 QUANTITY 0.33 District Court 1 Replace Weatherstripping -Door Sweep 1 19.33 0.01 in2/in2 14.50 1 1 QUANTITY 1.00 District Court 1 Clear Caulk Door 2 19.46 0.0013 in2/in2 7.30 2 38.91666667 LENGTH 1.00 District Court 1 Replace -Astragal -Door Sweep 1 13.00 0.01 in2/in2 9.751 1 1 QUANTITY 1.00 District Court 1 Replace -Astragal -Door Sweep 1 6.00 7.00 in2/Iftc 26.00 1 1 QUANTITY 0.07 Rangers Pantry Pet Food Bank 1 Replace -Door Sweep 1 3.00 0.01 in2/in2 2.251 1 1 QUANTITY 1 1.00 Facility Name Location in Facility Upgraded Code Description Quantity (Existing) Length (ft) Height (ft) Dimensions (Existing) Existing Area Calculation Quantity (Upgraded) Upgraded Area Calculation Dimensions (Upgraded) D-Air Leakage z Area (in ) Rangers Pantry Pet Food Bank 1 Caulk Black Door 1 18.71 0.0013 in2/in2 3.51 1 18.70833333 LENGTH 1.00 Rangers Pantry Pet Food Bank 1 Add Dow -Window -Corner -Exterior 8 0.04 0.0026 in2/in2 0.13 8 8 QUANTITY 1.00 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 1 3.50 6.71 in2/each 1.00 1 1 QUANTITY 4.19 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 1 2.96 6.58 in2/each 1.00 1 1 QUANTITY 4.19 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 1 2.96 6.58 in2/each 1.00 1 1 QUANTITY 4.19 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 11 2.96 6.67 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #7 1 Clear Caulk Door 1 18.96 0.0013 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station#7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station#7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 6.92 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station#7 2 Replace -Door Sweep 1 3.00 0.01 in2/in2 2.25 1 1 QUANTITY 1.00 Fire Station#7 2 Clear Caulk Door 1 18.96 0.0013 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station#7 2 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #7 2 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 District Court 1 Add Fiberglass Insulation -Spray Foam -Wall -Beam - Ceiling 1 1265.50 0.01 in2/in2 949.13 1 1265.5 LENGTH 1.00 Fire Station#3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #3 Replace Weatherstripping -Door Sweep 1 3.00 6.92 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #3 Replace -Door Sweep 1 3.00 0.01 in2/in2 2.25 1 1 QUANTITY 1.00 Fire Station #3 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #3 Replace Weatherstripping -Door Sweep 1 3.00 6.92 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #3 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station#3 Replace Weatherstripping -Door Sweep 1 3.00 6.92 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station#3 ClearCaulk- Window 6 26.67 0.0052 in2/in2 120.00 6 160 LENGTH 1.00 Fire Station#3 ClearCaulk- Window 2 26.67 0.0052 in2/in2 40.00 2 53.33333333 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 4 26.67 0.0052 in2/in2 80.00 4 106.6666667 LENGTH 1.00 Fire Station #3 Clear Caulk Door 1 18.96 0.0013 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 26.67 0.0052 in2/in2 20.00 1 26.66666667 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 47.33 0.0052 in2/in2 35.50 1 47.33333333 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 26.67 0.0052 in2/in2 20.00 1 26.66666667 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 47.33 0.0052 in2/in2 35.50 1 47.33333333 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 47.33 0.0052 in2/in2 35.50 1 47.33333333 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 26.67 0.0052 in2/in2 20.00 1 26.66666667 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 26.67 0.0052 in2/in2 20.00 1 26.66666667 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 26.67 0.0052 in2/in2 20.00 1 26.66666667 LENGTH 1.00 Fire Station #3 Clear Caulk- Window 1 26.67 0.0052 in2/in2 20.00 1 26.66666667 LENGTH 1.00 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Facility Name Location in Facility Upgraded Code Description Quantity (Existing) Length (ft) Height (ft) Dimensions (Existing) Existing Area Calculation Quantity (Upgraded) Upgraded Area Calculation Dimensions (Upgraded) D-Air Leakage z Area (in ) Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #5 1 Clear Caulk Door 1 18.96 0.0013 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #5 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #4 1 Replace Weatherstripping -Door Sweep 11 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station#4 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station#4 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 6.92 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #4 1 Clear Caulk Door 1 18.96 0.00 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station #4 1 Clear Caulk Door 1 17.00 0.00 in2/in2 6.38 1 17 LENGTH 1.00 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #4 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #4 1 Clear Caulk Door 1 18.96 0.00 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station #4 1 Clear Caulk Door 1 17.00 0.00 in2/in2 6.38 1 17 LENGTH 1.00 Fire Station #4 1 Replace Weatherstripping -Door sweep 1 3.00 6.92 in2/each 1.00 1 1 QUANTITY 4.19 Rangers Pantry Pet Food Bank 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1 298.00 0.01 in2/in2 223.50 1 298 LENGTH 1.00 Rangers Pantry Pet Food Bank 1 No Cost Wall -Ceiling 1 298.00 1.00 in2/in2 42912.00 1 298 AREA - Fire Station #6 1 Clear Caulk Door 1 18.96 0.0013 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station#6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #6 1 Clear Caulk Door 1 18.96 0.0013 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station#6 1 Replace Weatherstripping -Door Sweep 1 3.00 6.92 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station#6 1 Replace Weatherstripping -Door Sweep 1 42.00 0.01 in2/in2 63.00 1 1 QUANTITY 1.00 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #6 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station#1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station#1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station#1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 in2/Iftc 18.58 1 1 QUANTITY 0.07 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/Iftc 20.00 1 1 QUANTITY 0.07 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 2.67 6.63 in2/Iftc 18.58 1 1 QUANTITY 0.07 Fire Station#1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Facility Name Location in Facility Upgraded Code Description Quantity (Existing) Length (ft) Height (ft) Dimensions (Existing) Existing Area Calculation Quantity (Upgraded) Upgraded Area Calculation Dimensions (Upgraded) D-Air Leakage z Area (in ) Fire Station #1 1 Clear Caulk Door 1 18.96 0.00 in2/in2 3.55 1 18.95833333 LENGTH 1.00 Fire Station #1 1 Clear Caulk Door 1 17.00 0.00 in2/in2 6.38 1 17 LENGTH 1.00 Fire Station #1 1 Replace Weatherstripping -Door sweep 1 2.67 6.63 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #1 1 Replace Weatherstripping -Door Sweep 1 3.00 7.00 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.50 6.58 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #2 1 Replace Weatherstripping -Door Sweep 11 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station#2 1 Replace Weatherstripping -Door Sweep 1 36.00 0.01 in2/in2 54.00 1 1 QUANTITY 1.00 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 3.00 6.67 in2/each 1.00 1 1 QUANTITY 4.19 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.67 6.67 in2/Iftc 18.67 1 1 QUANTITY 0.07 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.67 6.67 in2/Iftc 18.67 1 1 QUANTITY 0.07 Fire Station #2 1 Replace Weatherstripping -Door Sweep 1 2.67 6.67 in2/Iftc 18.67 1 1 QUANTITY 0.07 Losses Facility Name Location in Facility Upgraded Code Description Total Air Leakage 2 Area (in) Total Infiltration_H _(cfm) Total Infiltration_C _(cfm) Existing Heating Loss from Infiltration (Therms) Existing Cooling Loss from Infiltration (kWh) Total Existing Energy Loss from Infiltration (kWh) Existing U- Value Existing Heating Loss from Conduction (Therms) Animal Shelter 1 Replace Weatherstripping -Door Sweep 14.88 18.7899 19.0722 22.32 97.78 97.78 - - Animal Shelter 1 Replace Weatherstripping -Door Sweep 14.88 18.7899 19.0722 22.32 97.78 97.78 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 37.50 47.3695 48.0811 56.27 246.52 246.52 - - Animal Shelter 1 No Cost Wall -Ceiling - - - - - - 0.50 68.74 Animal Shelter 1 No Cost Wall -Ceiling - - - - - - 0.50 34.92 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 19.05 24.0637 24.4252 28.58 125.23 125.23 - - Animal Shelter 1 No Cost Wall -Ceiling - I - - - I - - 0.50 51.42 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 28.05 35.4324 35.9646 42.09 184.39 184.39 - - Animal Shelter 1 Caulk Black Door 3.58 4.5198 4.5877 5.37 23.52 23.52 - - Animal Shelter 1 Caulk Black Door 3.58 4.5198 4.5877 5.37 23.52 23.52 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 51.00 64.4225 65.3903 76.52 335.26 335.26 - - Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 51.00 64.4225 65.3903 76.52 335.26 335.26 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 71.25 90.0020 91.3540 106.91 468.38 468.38 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 71.25 90.0020 91.3540 106.91 468.38 468.38 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 34.00 42.9483 43.5935 51.02 223.51 223.51 - - Animal Shelter 1 No Cost Penetration Vent -Wall - - - - - - 0.5o 0.52 Animal Shelter 1 Insulate Sprayfoam-Wall-Beam-Ceiling 45.00 56.8433 57.6973 67.52 295.82 295.82 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Ceiling 197.19 249.0901 252.8321 295.88 1,296.29 1,296.29 - - Animal Shelter 1 No Cost Penetration Vent -Ceiling - - - - - - 0.50 1.53 Animal Shelter 1 Replace Weatherstripping -Door Sweep 30.00 37.8956 38.4649 45.01 197.21 197.21 - - Animal Shelter 1 Replace Weatherstripping -Door Sweep 30.00 37.8956 38.4649 45.01 197.21 197.21 - - Animal Shelter 1 Clear Caulk Door Frame -Wall 5.25 6.6317 6.7314 7.88 34.51 34.51 - - Animal Shelter 1 No Cost Penetration Vent -Wall - - - - - - 0.50 0.52 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 34.00 42.9483 43.5935 51.02 223.51 223.51 - - Animal Shelter 1 Replace Weatherstripping -Door Sweep 15.00 18.9478 19.2324 22.51 98.61 98.61 - - Animal Shelter 1 Caulk Black Door 3.58 4.5198 4.5877 5.37 23.52 23.52 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 34.00 42.9483 43.5935 51.02 223.51 223.51 - - Animal Shelter 1 No Cost Penetration Vent -Wall - - - - - - 0.50 0.52 Animal Shelter 1 No Cost Penetration Vent -Wall - - - - - - 0.50 0.52 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 34.00 42.9483 43.5935 51.02 223.51 223.51 - - Animal Shelter 1 No Cost Penetration Vent -Wall - - - - - - 0.50 0.52 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 34.00 42.9483 43.5935 51.02 223.51 223.51 - - Fire Marshall 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Marshall 1 Clear Caulk Door 3.61 4.5593 4.6278 5.42 23.73 23.73 Fire Marshall 1 Replace Weatherstripping -Door Sweep 13.63 17.2109 17.4695 20.44 89.57 89.57 - Fire Marshall 1 Insulate Sprayfoam-Penetration 2.00 2.5264 2.5643 3.00 13.15 13.15 - Fire Marshall 1 Insulate Sprayfoam-Penetration 7.50 9.4739 9.6162 11.25 49.30 49.30 - - Fire Marshall 1 Insulate Sprayfoam-Pipe- Wall 0.63 0.7895 0.8014 0.94 4.11 4.11 - Fire Marshall 1 Insulate Sprayfoam-Wall-Ceiling 28.50 36.0008 36.5416 42.76 187.35 187.35 - - Fire Marshall 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Marshall 1 Add Cap -Caulk -Penetration Vent 59.16 74.7270 75.8496 88.76 388.89 388.89 - - Fire Marshall 1 Insulate Sprayfoam-Pipe- Ceiling 0.56 0.7105 0.7212 0.84 3.70 3.70 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 13.91 17.5714 17.8354 20.87 91.44 91.44 - - City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 1.84 2.3274 2.3624 2.76 12.11 12.11 - - City Hall 1 Caulk Black Door 14.50 18.3162 18.5913 21.76 95.32 95.32 - - City Hall 1 Add Dow -Window -Corner -Exterior 0.25 0.3158 0.3205 0.38 1.64 1.64 - - City Hall 1 Add Dow -Window -Corner -Exterior 0.25 0.3158 0.3205 0.38 1.64 1.64 - - City Hall 0 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Losses Facility Name Location in Facility Upgraded Code Description Total Air Leakage 2 Area (in) Total Infiltration_H _(cfm) Total Infiltration_C _(cfm) Existing Heating Loss from Infiltration (Therms) Existing Cooling Loss from Infiltration (kWh) Total Existing Energy Loss from Infiltration (kWh) Existing U- Value Existing Heating Loss from Conduction (Therms) City Hall 0 No Cost Box -Sill -Perimeter - - - - - - 0.50 267.54 City Hall 0 Insulate Sprayfoam-Box-Sill-Perimeter 312.75 395.0612 400.9962 469.27 2,055.94 2,055.94 - - City Hall 0 Caulk Black Door 14.50 18.3162 18.5913 21.76 95.32 95.32 - - City Hall 0 Replace -Astragal-Door Sweep 9.75 12.3161 12.5011 14.63 64.09 64.09 - - City Hall 0 Replace Weatherstripping -Astragal -Door Sweep 1.84 2.3274 2.3624 2.76 12.11 12.11 - - City Hall 0 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - City Hall 1 lReplace Weatherstripping -Door Sweep 4.19 1 5.2864 5.3659 6.28 27.51 1 27.51 - - City Hall 1 Add Dow -Window -Corner -Exterior 0.06 0.0789 0.0801 0.09 0.41 0.41 - - City Hall 1 Add Dow -Window -Corner -Exterior 0.06 0.0789 0.0801 0.09 0.41 0.41 - - City Hall 1 Caulk Black Door 7.25 9.1581 9.2957 10.88 47.66 47.66 - - City Hall 0 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - City Hall 0 Caulk Black Door 7.25 9.1581 9.2957 10.88 47.66 47.66 City Hall 1 Caulk Black Door 7.25 9.1581 9.2957 10.88 47.66 47.66 - - City Hall 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - City Hall 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - City Hall 1 Caulk Black Door 7.25 9.1581 9.2957 10.88 47.66 47.66 - - City Hall 1 Add Backer Rod -Dow -Penetration Wall -Exterior 2.88 3.6317 3.6862 4.31 18.90 18.90 - - City Hall 1 Replace -Door Sweep -Automatic 31.50 39.7903 40.3881 47.26 207.07 207.07 - - City Hall 1 Caulk Black Door 10.98 13.8753 14.0837 16.48 72.21 72.21 - - City Hall 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - City Hall 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 13.50 17.0530 17.3092 20.26 88.75 88.75 - - Building Maintenance and Facilities N 1 Insulate Sprayfoam-Wall-Beam-Ceiling 56.19 70.9784 72.0447 84.31 369.38 369.38 Building Maintenance and Facilities N 1 Clear Caulk- Window- Frame - Wall -Perimeter 13.75 17.3688 17.6297 20.63 90.39 90.39 - - Building Maintenance and Facilities N 1 Add Gasket -Electrical Receptacle 6.73 8.4975 8.6251 10.09 44.22 44.22 - - Building Maintenance and Facilities N 1 jAdd Gasket -Electrical Receptacle 0.96 1.2139 1.2322 1.44 6.32 6.32 - - Building Maintenance and Facilities N 1 Clear Caulk- Window- Frame - Wall -Perimeter 4.73 5.9804 6.0702 7.10 31.12 31.12 - - Building Maintenance and Facilities N 1 Insulate Sprayfoam-Penetration Wall 106.50 134.5292 136.5503 159.80 700.10 700.10 - - Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling -Perimeter 60.00 75.7911 76.9297 90.03 394.42 394.42 - - Building Maintenance and Facilities N 1 Replace Weatherstripping -Overhead Garage Door 50.40 63.6645 64.6210 75.62 331.32 331.32 - - Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep 47.63 60.1592 61.0630 71.46 313.07 313.07 - - Building Maintenance and Facilities N 1 Insulate Sprayfoam-Door-Frame-Wall 10.38 13.1055 13.3024 15.57 68.20 68.20 - - Building Maintenance and Facilities N 1 jAdd Rigid Insulation -Spray Foam -Penetration Vent 14.44 18.2372 18.5112 21.66 94.91 94.91 - - Building Maintenance and Facilities N 1 Insulate Sprayfoam-Wall-Beam-Ceiling-Perimeter 24.98 31.5481 32.0220 37.47 164.18 164.18 - - Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 59.25 74.8437 75.9681 88.90 389.49 389.49 - - Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 39.48 49.8706 50.6198 59.24 259.53 259.53 - - Building Maintenance and Facilities N 1 Add Metal -Frame -Drywall -Spray Foam 118.32 149.4540 151.6993 177.53 777.77 777.77 - - Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep 36.88 46.5800 47.2797 55.33 242.41 242.41 - - Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 10.59 13.3819 13.5829 15.90 69.64 69.64 - - Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 10.59 13.3819 13.5829 15.90 69.64 69.64 Town Center 1 Clear Caulk Door 13.69 17.2899 17.5496 20.54 89.98 89.98 - - Town Center 1 Clear Caulk Door 16.48 20.8228 21.1356 24.73 108.36 108.36 Town Center 1 Clear Caulk Door 13.69 17.2899 17.5496 20.54 89.98 89.98 - - Town Center 1 Clear Caulk Door 16.48 20.8228 21.1356 24.73 108.36 108.36 - - Town Center 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.511 27.51 - - Losses Facility Name Location in Facility Upgraded Code Description Total Air Leakage 2 Area (in) Total Infiltration_H _(cfm) Total Infiltration_C _(cfm) Existing Heating Loss from Infiltration (Therms) Existing Cooling Loss from Infiltration (kWh) Total Existing Energy Loss from Infiltration (kWh) Existing U- Value Existing Heating Loss from Conduction (Therms) Town Center 1 Replace -Door Sweep 4.50 5.6843 5.7697 6.75 29.58 29.58 - - Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 Town Center 1 Replace -Door Sweep 4.50 5.6843 5.7697 6.75 29.58 29.58 - - Town Center 1 Replace -Door Sweep 4.50 5.6843 5.7697 6.75 29.58 29.58 Town Center 1 Replace -Door Sweep 4.50 5.6843 5.7697 6.75 29.58 29.58 - - Town Center 1 Replace -Door Sweep 4.50 5.6843 5.7697 6.75 29.58 29.58 Town Center 1 Replace -Door Sweep 4.50 5.6843 5.7697 6.75 29.58 1 29.58 - - Town Center 1 Replace -Door Sweep 4.50 5.6843 5.7697 6.75 29.58 29.58 - - Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 - - Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 - - Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 - - Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 - - Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 Town Center 1 Replace Vertical Sweep -Door Sweep 10.50 13.2634 13.4627 15.75 69.02 69.02 - - Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 Town Center 1 Clear Caulk Door 7.80 9.8489 9.9969 11.70 51.25 51.25 - - Town Center 1 Replace Vertical Sweep -Door Sweep 10.50 13.2634 13.4627 15.75 69.02 69.02 - - Town Center 1 Replace -Door Sweep 2.25 2.8422 2.8849 3.38 14.79 14.79 - - Town Center 1 Clear Caulk Door 3.90 4.9244 4.9984 5.85 25.63 25.63 - - Town Center 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - Town Center 1 Replace -Door Sweep 2.25 2.8422 2.8849 3.38 14.79 14.79 - - Town Center 1 Clear Caulk Door 3.90 4.9244 4.9984 5.85 25.63 25.63 - - Town Center 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 Fire Station #7 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #i7 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 0.50 0.6316 0.6411 0.75 3.29 3.29 - - Fayetteville Television Center 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 75.00 94.7389 96.1622 112.53 493.03 493.03 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 0.69 0.8684 0.8815 1.03 4.52 4.52 - - Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 1.25 1.5790 1.6027 1.88 8.22 8.22 - - Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 0.19 0.2368 0.2404 0.28 1.23 1.23 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling 19.13 24.1584 24.5213 1 28.70 125.72 125.72 - - Fayetteville Television Center 1 Replace Weatherstripping -Door Sweep 14.38 18.1583 18.4311 21.57 94.50 94.50 - - FayettevilleTelevisionCenter 1 Replace Weatherstripping -Astragal -Door Sweep 24.00 30.3164 30.7719 36.01 157.77 157.77 - - FayettevilleTelevisionCenter 1 Insulate Sprayfoam-Wall-Ceiling 10.13 12.7898 12.9819 15.19 66.56 66.56 - - FayettevilleTelevisionCenter 1 Replace Weatherstripping -Astragal -Door Sweep 23.41 29.5664 30.0106 35.12 153.87 153.87 Fayetteville Television Center 1 Replace-Astragal-DoorSweep 9.75 12.3161 12.5011 14.63 64.09 64.09 - - Fayetteville Television Center 1 Caulk Black Door 8.88 11.2108 11.3792 13.32 58.34 58.34 District Court 1 Replace -Astragal-Door Sweep 10.00 12.6319 12.8216 15.00 65.74 65.74 - - District Court 1 Clear Caulk Door 7.30 9.2173 9.3558 10.95 47.97 47.97 - - District Court 1 Replace -Astragal-Door Sweep 1.89 2.3871 2.4230 2.84 12.42 12.42 - - District Court 1 Clear Caulk Door 3.65 4.6087 4.6779 5.47 23.98 23.98 District Court 1 Replace -Door Sweep 2.25 2.8422 2.8849 3.38 14.79 14.79 - District Court 1 Replace Weatherstripping -Astragal -Door Sweep 13.91 17.5714 17.8354 20.87 91.44 91.44 - District Court 1 Replace Weatherstripping -Door Sweep 14.50 18.3162 18.5913 21.76 95.32 95.32 District Court 1 Clear Caulk Door 7.30 9.2173 9.3558 10.95 47.97 47.97 - - District Court 1 Replace -Astragal-Door Sweep 9.75 12.3161 12.5011 14.63 64.09 64.09 - - District Court 1 Replace -Astragal-Door Sweep 1.84 2.3274 2.3624 2.76 12.11 12.11 - - Rangers Pantry Pet Food Bank 1 Replace -Door Sweep 2.25 2.8422 2.8849 3.38 14.79 14.79 - - Losses Facility Name Location in Facility Upgraded Code Description Total Air Leakage 2 Area (in) Total Infiltration_H _(cfm) Total Infiltration_C _(cfm) Existing Heating Loss from Infiltration (Therms) Existing Cooling Loss from Infiltration (kWh) Total Existing Energy Loss from Infiltration (kWh) Existing U- Value Existing Heating Loss from Conduction (Therms) Rangers Pantry Pet Food Bank 1 Caulk Black Door 3.51 4.4310 4.4976 5.26 23.06 23.06 - - Rangers Pantry Pet Food Bank 1 Add Dow -Window -Corner -Exterior 0.13 0.1579 0.1603 0.19 0.82 0.82 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #7 1 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #7 2 Replace -Door Sweep 2.25 2.8422 2.8849 3.38 14.79 14.79 - - Fire Station #7 2 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #7 2 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #7 2 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - District Court 1 Add Fiberglass Insulation -Spray Foam -Wall -Beam - Ceiling 949.13 1,198.9208 1,216.9320 1,424.12 6,239.30 6,239.30 - - Fire Station #3 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #3 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - Fire Station #3 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #3 Replace -Door Sweep 2.25 2.8422 2.8849 3.38 14.79 14.79 - - Fire Station #3 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #3 Replace Weatherstripping -Door Sweep 4.19 5.2864 - 6.28 - - - - Fire Station #3 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #3 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #3 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 Fire Station #3 Clear Caulk - Window 120.00 151.5822 153.8594 180.05 788.85 788.85 Fire Station #3 Clear Caulk -Window 40.00 50.5274 51.2865 60.02 262.95 262.95 - - Fire Station #3 Clear Caulk - Window 80.00 101.0548 102.5730 120.04 525.90 525.90 Fire Station #3 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #3 Clear Caulk -Window 20.00 25.2637 25.6432 30.01 131.47 131.47 - - Fire Station #3 Clear Caulk -Window 35.50 44.8431 45.5168 53.27 233.37 233.37 - - Fire Station #3 Clear Caulk -Window 20.00 25.2637 25.6432 30.01 131.47 131.47 - - Fire Station #3 Clear Caulk -Window 35.50 44.8431 45.5168 53.27 233.37 233.37 - - Fire Station #3 Clear Caulk -Window 35.50 44.8431 45.5168 53.27 233.37 233.37 - - Fire Station #3 Clear Caulk -Window 20.00 25.2637 25.6432 30.01 131.47 131.47 - - Fire Station #3 Clear Caulk -Window 20.00 25.2637 25.6432 30.01 131.47 131.47 - - Fire Station #3 Clear Caulk -Window 20.00 25.2637 25.6432 30.01 131.47 131.47 - - Fire Station #3 Clear Caulk -Window 20.00 25.2637 25.6432 30.01 131.47 131.47 - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 94.53 Fire Station #5 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 - 6.28 - - - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 - 6.28 - - - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Losses Facility Name Location in Facility Upgraded Code Description Total Air Leakage 2 Area (in) Total Infiltration_H _(cfm) Total Infiltration_C _(cfm) Existing Heating Loss from Infiltration (Therms) Existing Cooling Loss from Infiltration (kWh) Total Existing Energy Loss from Infiltration (kWh) Existing U- Value Existing Heating Loss from Conduction (Therms) Fire Station #5 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #5 1 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 Fire Station #5 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 63.00 1 79.5807 - 94.53 - - - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 - 6.28 - - - - Fire Station #4 1 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #4 1 Clear Caulk Door 6.38 8.0528 8.1738 9.57 41.91 41.91 Fire Station #4 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #4 1 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #4 1 Clear Caulk Door 6.38 8.0528 8.1738 9.57 41.91 41.91 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Rangers Pantry Pet Food Bank 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 223.50 282.3219 286.5632 335.35 1,469.23 1,469.23 - - Rangers Pantry Pet Food Bank 1 No Cost Wall -Ceiling - - - - - - 0.50 163.88 Fire Station #6 1 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #6 1 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 - 6.28 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 - 94.53 - - - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 63.00 79.5807 94.53 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 54.00 68.2120 - 81.02 - - - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 54.00 68.2120 - 81.02 - - - - Fire Station #1 1 Replace Weatherstripping -Door sweep 54.00 68.2120 - 81.02 - - - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 54.00 68.2120 - 81.02 - - - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 54.00 68.2120 - 81.02 - - - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 54.00 68.2120 - 81.02 - - - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1.32 1.6635 1.6885 1.98 8.66 8.66 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1.42 1.7903 1.8172 2.13 9.32 9.32 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 1.32 1.6635 1.6885 1.98 8.66 8.66 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Losses Facility Name Location in Facility Upgraded Code Description Total Air Leakage 2 Area (in) Total Infiltration_H _(cfm) Total Infiltration_C _(cfm) Existing Heating Loss from Infiltration (Therms) Existing Cooling Loss from Infiltration (kWh) Total Existing Energy Loss from Infiltration (kWh) Existing U- Value Existing Heating Loss from Conduction (Therms) Fire Station #1 1 Clear Caulk Door 3.55 4.4902 4.5577 5.33 23.37 23.37 - - Fire Station #1 1 Clear Caulk Door 6.38 8.0528 8.1738 9.57 41.91 41.91 Fire Station #1 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 54.00 68.2120 - 81.02 - - - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 54.00 1 68.2120 - 81.02 - - - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 54.00 68.2120 - 81.02 - - - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 4.19 5.2864 5.3659 6.28 27.51 27.51 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 1.32 1.6710 1.6961 1.98 8.70 8.70 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 1.32 1.6710 1.6961 1.98 8.70 8.70 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep 1.32 1.6710 1.6961 1.98 8.70 8.70 - - 9,420.12 29,241.60 29,241.60 590.62 Losses Facility Name Location in Facility Upgraded Code Description Existing Cooling Loss from Conduction (kWh) Total Existing Energy loss from Conduction (kWh) Total Energy Loss (kWh) Total Energy Loss (Therms) Infiltration Reduction Upgraded Heating Loss from Infiltration (Therms) Upgraded Cooling Loss from Infiltration (kWh) Total Upgraded Energy Loss from Infiltration (kWh) Animal Shelter 1 Replace Weatherstripping -Door Sweep - - 97.78 22.32 0.92 1.79 7.82 7.82 Animal Shelter 1 Replace Weatherstripping -Door Sweep - - 97.78 22.32 0.92 1.79 7.82 7.82 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - 246.52 56.27 0.95 2.81 12.33 12.33 Animal Shelter 1 No Cost Wall -Ceiling 296.71 296.71 296.71 68.74 0 - - - Animal Shelter 1 No Cost Wall -Ceiling 150.73 150.73 150.73 34.92 0 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - 125.23 28.58 0.95 1.43 6.26 6.26 Animal Shelter 1 No Cost Wall -Ceiling 221.94 1 221.94 221.94 51.42 0 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - 184.39 42.09 0.95 2.10 9.22 9.22 Animal Shelter 1 Caulk Black Door - - 23.52 5.37 0.95 0.27 1.18 1.18 Animal Shelter 1 Caulk Black Door 23.52 5.37 0.95 0.27 1.18 1.18 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit - - 335.26 76.52 0.95 3.83 16.76 16.76 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 335.26 76.52 0.95 3.83 16.76 16.76 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling - - 468.38 106.91 0.95 5.35 23.42 23.42 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling - - 468.38 106.91 0.95 5.35 23.42 23.42 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall - - 223.51 51.02 0.95 2.55 11.18 11.18 Animal Shelter 1 No Cost Penetration Vent -Wall 2.24 2.24 2.24 0.52 0 - - - Animal Shelter 1 Insulate Sprayfoam-Wall-Beam-Ceiling - - 295.82 67.52 0.95 3.38 14.79 14.79 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Ceiling - - 1,296.29 295.88 0.95 14.79 64.81 64.81 Animal Shelter 1 No Cost Penetration Vent -Ceiling 6.59 6.59 6.59 1.53 0 - - - Animal Shelter 1 Replace Weatherstripping -Door Sweep - - 197.21 45.01 0.92 3.60 15.78 15.78 Animal Shelter 1 Replace Weatherstripping -Door Sweep - - 197.21 45.01 0.92 3.60 15.78 15.78 Animal Shelter 1 Clear Caulk Door Frame -Wall - - 34.51 7.88 0.95 0.39 1.73 1.73 Animal Shelter 1 No Cost Penetration Vent -Wall 2.24 2.24 2.24 0.52 0 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall - - 223.51 51.02 0.95 2.55 11.18 11.18 Animal Shelter 1 Replace Weatherstripping -Door Sweep - - 98.61 22.51 0.92 1.80 7.89 7.89 Animal Shelter 1 Caulk Black Door - - 23.52 5.37 0.95 0.27 1.18 1.18 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall - - 223.51 51.02 0.95 2.55 11.18 11.18 Animal Shelter 1 No Cost Penetration Vent -Wall 2.24 2.24 2.24 0.52 0 - - - Animal Shelter 1 No Cost Penetration Vent -Wall 2.24 2.24 2.24 0.52 0 - - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall - - 223.51 51.02 0.95 2.55 11.18 11.18 Animal Shelter 1 No Cost Penetration Vent -Wall 2.24 2.24 2.24 0.52 0 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall - - 223.51 51.02 0.95 2.55 11.18 11.18 Fire Marshall 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Marshall 1 Clear Caulk Door - - 23.73 5.42 0.95 0.27 1.19 1.19 Fire Marshall 1 Replace Weatherstripping -Door Sweep - - 89.57 20.44 0.92 1.64 7.17 7.17 Fire Marshall 1 Insulate Sprayfoam-Penetration - - 13.15 3.00 0.95 0.15 0.66 0.66 Fire Marshall 1 Insulate Sprayfoam-Penetration - - 49.30 11.25 0.95 0.56 2.47 2.47 Fire Marshall 1 Insulate Sprayfoam-Pipe- Wall - - 4.11 0.94 0.95 0.05 0.21 0.21 Fire Marshall 1 Insulate Sprayfoam-Wall-Ceiling - - 187.35 42.76 0.95 2.14 9.37 9.37 Fire Marshall 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Marshall 1 Add Cap -Caulk -Penetration Vent - - 388.89 88.76 0.95 4.44 19.44 19.44 Fire Marshall 1 Insulate Sprayfoam-Pipe- Ceiling 3.70 0.84 0.95 0.04 0.18 0.18 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep - - 91.44 20.87 0.92 1.67 7.32 7.32 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep - - 12.11 2.76 0.92 0.22 0.97 0.97 City Hall 1 Caulk Black Door - - 95.32 21.76 0.95 1.09 4.77 4.77 City Hall 1 Add Dow -Window -Corner -Exterior 1.64 0.38 0.95 0.02 0.08 0.08 City Hall 1 Add Dow -Window -Corner -Exterior - - 1.64 0.38 0.95 0.02 0.08 0.08 City Hall 0 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Losses Facility Name Location in Facility Upgraded Code Description Existing Cooling Loss from Conduction (kWh) Total Existing Energy loss from Conduction (kWh) Total Energy Loss (kWh) Total Energy Loss (Therms) Infiltration Reduction Upgraded Heating Loss from Infiltration (Therms) Upgraded Cooling Loss from Infiltration (kWh) Total Upgraded Energy Loss from Infiltration (kWh) City Hall 0 No Cost Box -Sill -Perimeter 1,154.78 1,154.78 1,154.78 267.54 0 - - City Hall 0 Insulate Sprayfoam-Box-Sill-Perimeter - - 2,055.94 469.27 0.95 23.46 102.80 102.80 City Hall 0 Caulk Black Door - - 95.32 21.76 0.95 1.09 4.77 4.77 City Hall 0 Replace -Astragal-Door Sweep - - 64.09 14.63 0.92 1.17 5.13 5.13 City Hall 0 Replace Weatherstripping -Astragal -Door Sweep - - 12.11 2.76 0.92 0.22 0.97 0.97 City Hall 0 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 City Hall 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 City Hall 1 Add Dow -Window -Corner -Exterior - - 0.41 0.09 0.95 0.00 0.02 0.02 City Hall 1 Add Dow -Window -Corner -Exterior - - 0.41 0.09 0.95 0.00 0.02 0.02 City Hall 1 Caulk Black Door - - 47.66 10.88 0.95 0.54 2.38 2.38 City Hall 0 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 City Hall 0 Caulk Black Door 47.66 10.88 0.95 0.54 2.38 2.38 City Hall 1 Caulk Black Door - - 47.66 10.88 0.95 0.54 2.38 2.38 City Hall 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 City Hall 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 City Hall 1 Caulk Black Door 47.66 10.88 0.95 0.54 2.38 2.38 City Hall 1 Add Backer Rod -Dow -Penetration Wall -Exterior - - 18.90 4.31 0.95 0.22 0.94 0.94 City Hall 1 Replace -Door Sweep -Automatic - - 207.07 47.26 0.92 3.78 16.57 16.57 City Hall 1 Caulk Black Door - - 72.21 16.48 0.95 0.82 3.61 3.61 City Hall 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 City Hall 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Building Maintenance and Facilities iv 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - 88.75 20.26 0.95 1.01 4.44 4.44 Building Maintenance and Facilities N 1 Insulate Sprayfoam-Wall-Beam-Ceiling - - 369.38 84.31 0.95 4.22 18.47 18.47 Building Maintenance and Facilities iv 1 Clear Caulk- Window- Frame - Wall -Perimeter - - 90.39 20.63 0.95 1.03 4.52 4.52 Building Maintenance and Facilities N 1 Add Gasket -Electrical Receptacle - - 44.22 10.09 0.95 0.50 2.21 2.21 Building Maintenance and Facilities iv 1 Add Gasket -Electrical Receptacle - - 6.32 1.44 0.95 0.07 0.32 0.32 Building Maintenance and Facilities N 1 Clear Caulk- Window- Frame - Wall -Perimeter - - 31.12 7.10 0.95 0.36 1.56 1.56 Building Maintenance and Facilities iv 1 Insulate Sprayfoam-Penetration Wall - - 700.10 159.80 0.95 7.99 35.01 35.01 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling -Perimeter - - 394.42 90.03 0.95 4.50 19.72 19.72 Building Maintenance and Facilities iv 1 Replace Weatherstripping -Overhead Garage Door - - 331.32 75.62 0.92 6.05 26.51 26.51 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep - - 313.07 71.46 0.92 5.72 25.05 25.05 Building Maintenance and Facilities iv 1 Insulate Sprayfoam-Door-Frame-Wall - - 68.20 15.57 0.95 0.78 3.41 3.41 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam -Penetration Vent - - 94.91 21.66 0.95 1.08 4.75 4.75 Building Maintenance and Facilities iv 1 Insulate Sprayfoam-Wall-Beam-Ceiling-Perimeter - - 164.18 37.47 0.95 1.87 8.21 8.21 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Building Maintenance and Facilities iv 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling - - 389.49 88.90 0.95 4.45 19.47 19.47 Building Maintenance and Facilities iv 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - 259.53 59.24 0.95 2.96 12.98 12.98 Building Maintenance and Facilities iv 1 JAM Metal -Frame -Drywall -Spray Foam - - 777.77 177.53 0.95 8.88 38.89 38.89 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep - - 242.41 55.33 0.92 4.43 19.39 19.39 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic - - 69.64 15.90 0.92 1.27 5.57 5.57 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic - - 69.64 15.90 0.92 1.27 5.57 5.57 Town Center 1 Clear Caulk Door - - 89.98 20.54 0.95 1.03 4.50 4.50 Town Center 1 Clear Caulk Door - - 108.36 24.73 0.95 1.24 5.42 5.42 Town Center 1 Clear Caulk Door - - 89.98 20.54 0.951 1.03 1 4.50 4.50 Town Center 1 Clear Caulk Door - - 108.36 24.73 0.951 1.24 1 5.42 5.42 Town Center 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.921 0.50 1 2.20 2.20 Losses Facility Name Location in Facility Upgraded Code Description Existing Cooling Loss from Conduction (kWh) Total Existing Energy loss from Conduction (kWh) Total Energy Loss (kWh) Total Energy Loss (Therms) Infiltration Reduction Upgraded Heating Loss from Infiltration (Therms) Upgraded Cooling Loss from Infiltration (kWh) Total Upgraded Energy Loss from Infiltration (kWh) Town Center 1 Replace -Door Sweep - - 29.58 6.75 0.92 0.54 2.37 2.37 Town Center 1 Clear Caulk Door 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Replace -Door Sweep - - 29.58 6.75 0.92 0.54 2.37 2.37 Town Center 1 Replace -Door Sweep - - 29.58 6.75 0.92 0.54 2.37 2.37 Town Center 1 Replace -Door Sweep - - 29.58 6.75 0.92 0.54 2.37 2.37 Town Center 1 Replace -Door Sweep - - 29.58 6.75 0.92 0.54 2.37 2.37 Town Center 1 Replace -Door Sweep - - 29.58 6.75 0.92 0.54 2.37 2.37 Town Center 1 Replace -Door Sweep - - 29.58 6.75 0.92 0.54 2.37 2.37 Town Center 1 Clear Caulk Door - - 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Clear Caulk Door - - 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Clear Caulk Door - - 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Clear Caulk Door 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Clear Caulk Door - - 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Clear Caulk Door 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Replace Vertical Sweep -Door Sweep - - 69.02 15.75 0.92 1.26 5.52 5.52 Town Center 1 Clear Caulk Door 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Clear Caulk Door - - 51.25 11.70 0.95 0.58 2.56 2.56 Town Center 1 Replace Vertical Sweep -Door Sweep - - 69.02 15.75 0.92 1.26 5.52 5.52 Town Center 1 Replace -Door Sweep - - 14.79 3.38 0.92 0.27 1.18 1.18 Town Center 1 Clear Caulk Door - - 25.63 5.85 0.95 0.29 1.28 1.28 Town Center 1 Replace Weatherstripping -Door Sweep 27.51 6.28 0.92 0.50 2.20 2.20 Town Center 1 Replace -Door Sweep - - 14.79 3.38 0.92 0.27 1.18 1.18 Town Center 1 Clear Caulk Door - - 25.63 5.85 0.95 0.29 1.28 1.28 Town Center 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #i7 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - 3.29 0.75 0.95 0.04 0.16 0.16 Fayetteville Television Center 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 493.03 112.53 0.95 5.63 24.65 24.65 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - 4.52 1.03 0.95 0.05 0.23 0.23 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - 8.22 1.88 0.95 0.09 0.41 0.41 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - 1.23 0.28 0.95 0.01 0.06 0.06 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling - - 125.72 28.70 0.95 1.43 6.29 6.29 Fayetteville Television Center 1 Replace Weatherstripping -Door Sweep - - 94.50 21.57 0.92 1.73 7.56 7.56 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep 157.77 36.01 0.92 2.88 12.62 12.62 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling - - 66.56 15.19 0.95 0.76 3.33 3.33 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep - - 153.87 35.12 0.92 2.81 12.31 12.31 Fayetteville Television Center 1 Replace-Astragal-DoorSweep - - 64.09 14.63 0.92 1.17 5.13 5.13 Fayetteville Television Center 1 Caulk Black Door - - 58.34 13.32 0.95 0.67 2.92 2.92 District Court 1 Replace -Astragal-Door Sweep - - 65.74 15.00 0.92 1.20 5.26 5.26 District Court 1 Clear Caulk Door - - 47.97 10.95 0.95 0.55 2.40 2.40 District Court 1 Replace -Astragal-Door Sweep - - 12.42 2.84 0.92 0.23 0.99 0.99 District Court 1 Clear Caulk Door - - 23.98 5.47 0.95 0.27 1.20 1.20 District Court 1 Replace -Door Sweep - - 14.79 3.38 0.92 0.27 1.18 1.18 District Court 1 Replace Weatherstripping -Astragal -Door Sweep - - 91.44 20.87 0.92 1.67 7.32 7.32 District Court 1 Replace Weatherstripping -Door Sweep 95.32 21.76 0.92 1.74 7.63 7.63 District Court 1 Clear Caulk Door - - 47.97 10.95 0.95 0.55 2.40 2.40 District Court 1 Replace -Astragal-Door Sweep - - 64.09 14.63 0.921 1.17 5.13 5.13 District Court 1 Replace -Astragal-Door Sweep - - 12.11 2.76 0.921 0.22 0.97 0.97 Rangers Pantry Pet Food Bank 1 Replace -Door Sweep - - 14.79 3.38 0.921 0.27 1.18 1.18 Losses Facility Name Location in Facility Upgraded Code Description Existing Cooling Loss from Conduction (kWh) Total Existing Energy loss from Conduction (kWh) Total Energy Loss (kWh) Total Energy Loss (Therms) Infiltration Reduction Upgraded Heating Loss from Infiltration (Therms) Upgraded Cooling Loss from Infiltration (kWh) Total Upgraded Energy Loss from Infiltration (kWh) Rangers Pantry Pet Food Bank 1 Caulk Black Door - - 23.06 5.26 0.95 0.26 1.15 1.15 Rangers Pantry Pet Food Bank 1 Add Dow -Window -Corner -Exterior - - 0.82 0.19 0.95 0.01 0.04 0.04 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #7 1 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #7 2 Replace -Door Sweep - - 14.79 3.38 0.92 0.27 1.18 1.18 Fire Station #7 2 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #7 2 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #7 2 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 District Court 1 Add Fiberglass Insulation -Spray Foam -Wall -Beam - Ceiling - - 6,239.30 1,424.12 0.95 71.21 311.96 311.96 Fire Station #3 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #3 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #3 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #3 Replace -Door Sweep - - 14.79 3.38 0.92 0.27 1.18 1.18 Fire Station #3 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #3 Replace Weatherstripping -Door Sweep - - - 6.28 0.92 0.50 - - Fire Station #3 Replace Weatherstripping -Door Sweep 94.53 0.92 7.56 Fire Station #3 Replace Weatherstripping -Door Sweep - 94.53 0.92 7.56 - - Fire Station #3 Replace Weatherstripping -Door Sweep 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #3 Clear Caulk - Window - - 788.85 180.05 0.95 9.00 39.44 39.44 Fire Station #3 Clear Caulk -Window - - 262.95 60.02 0.95 3.00 13.15 13.15 Fire Station #3 Clear Caulk - Window 525.90 120.04 0.95 6.00 26.29 26.29 Fire Station #3 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #3 Clear Caulk -Window 131.47 30.01 0.95 1.50 6.57 6.57 Fire Station #3 Clear Caulk -Window - - 233.37 53.27 0.95 2.66 11.67 11.67 Fire Station #3 Clear Caulk -Window 131.47 30.01 0.95 1.50 6.57 6.57 Fire Station #3 Clear Caulk -Window - - 233.37 53.27 0.95 2.66 11.67 11.67 Fire Station #3 Clear Caulk -Window - - 233.37 53.27 0.95 2.66 11.67 11.67 Fire Station #3 Clear Caulk -Window - - 131.47 30.01 0.95 1.50 6.57 6.57 Fire Station #3 Clear Caulk -Window - - 131.47 30.01 0.95 1.50 6.57 6.57 Fire Station #3 Clear Caulk -Window - - 131.47 30.01 0.95 1.50 6.57 6.57 Fire Station #3 Clear Caulk -Window 131.47 30.01 0.95 1.50 6.57 6.57 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 94.53 0.92 7.56 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - 6.28 0.92 0.50 - - Fire Station #5 1 Replace Weatherstripping -Door Sweep 6.28 0.92 0.50 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Losses Facility Name Location in Facility Upgraded Code Description Existing Cooling Loss from Conduction (kWh) Total Existing Energy loss from Conduction (kWh) Total Energy Loss (kWh) Total Energy Loss (Therms) Infiltration Reduction Upgraded Heating Loss from Infiltration (Therms) Upgraded Cooling Loss from Infiltration (kWh) Total Upgraded Energy Loss from Infiltration (kWh) Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #5 1 Clear Caulk Door 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station#4 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - 6.28 0.92 0.50 - - Fire Station #4 1 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #4 1 Clear Caulk Door - - 41.91 9.57 0.95 0.48 2.10 2.10 Fire Station#4 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #4 1 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #4 1 Clear Caulk Door - - 41.91 9.57 0.95 0.48 2.10 2.10 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Rangers Pantry Pet Food Bank 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - 1,469.23 335.35 0.951 16.77 73.46 73.46 Rangers Pantry Pet Food Bank 1 No Cost Wall -Ceiling 707.35 707.35 707.35 163.88 0 - - - Fire Station #6 1 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - 94.53 0.92 7.56 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #6 1 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - 6.28 0.92 0.50 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep 94.53 0.92 7.56 Fire Station #6 1 Replace Weatherstripping -Door Sweep - 94.53 0.92 7.56 - - Fire Station #6 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #1 1 Replace Weatherstripping -Door Sweep - 81.02 0.92 6.48 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - 81.02 0.92 6.48 - - Fire Station #1 1 Replace Weatherstripping -Door sweep - - - 81.02 0.92 6.48 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - 81.02 0.92 6.48 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - 81.02 0.92 6.48 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - 81.02 0.92 6.48 - - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #1 1 Replace Weatherstripping -Door Sweep 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #1 1 Replace Weatherstripping -Door Sweep 8.66 1.98 0.92 0.16 0.69 0.69 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 9.32 2.13 0.92 0.17 0.75 0.75 Fire Station #1 1 Replace Weatherstripping -Door Sweep 8.66 1.98 0.92 0.16 0.69 0.69 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Losses Total Upgraded Upgraded Existing Cooling Total Existing Upgraded Heating Loss Cooling Loss Location in Loss from Energy loss from Total Energy Total Energy Infiltration Energy Loss Facility Name Upgraded Code Description from from Facility Conduction Conduction Loss (kWh) Loss (Therms) Reduction from (kWh) (kWh) Infiltration Infiltration Infiltration (Therms) (kWh) (kWh) Fire Station #1 1 Clear Caulk Door - - 23.37 5.33 0.95 0.27 1.17 1.17 Fire Station #1 1 Clear Caulk Door 41.91 9.57 0.95 0.48 2.10 2.10 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - 81.02 0.92 6.48 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - 81.02 0.92 6.48 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - 81.02 0.92 6.48 - - Fire Station #2 1 Replace Weatherstripping -Door Sweep - - 27.51 6.28 0.92 0.50 2.20 2.20 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - 8.70 1.98 0.92 0.16 0.70 0.70 Fire Station#2 1 Replace Weatherstripping -Door Sweep - - 8.70 1.98 0.92 0.16 0.70 0.70 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - 8.70 1.98 0.92 0.16 0.70 0.70 2,549.29 2,549.29 31,790.89 10,010.74 585.27 1,601.79 1,601.79 Facility Name Location in Facility Upgraded Code Description UpgradedU- Value Upgraded Heating Loss from Conduction (Therms) Upgraded Cooling Loss from Conduction (kWh) Total Upgraded Energy loss from Conduction (kWh) Total pgraded ergy Loss (kWh) Total Upgraded Energy Loss (Therms) Heating Savings from Infiltration (Therms) Cooling Savings from Infiltration (kWh) Animal Shelter 1 Replace Weatherstripping -Door Sweep - - - - 7.82 1.79 20.53 89.96 Animal Shelter 1 Replace Weatherstripping -Door Sweep - - - - 7.82 1.79 20.53 89.96 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - - - 12.33 2.81 53.45 234.19 Animal Shelter 1 No Cost Wall -Ceiling 0.11 15.28 65.93 65.93 65.93 15.28 - - Animal Shelter 1 No Cost Wall -Ceiling 0.11 7.76 33.49 33.49 33.49 7.76 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - - - 6.26 1.43 27.15 118.97 Animal Shelter 1 No Cost Wall -Ceiling 0.11 1 11.43 49.32 49.32 1 49.32 11.43 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - - - 9.22 2.10 39.98 175.17 Animal Shelter 1 Caulk Black Door - - - - 1.18 0.27 5.10 22.35 Animal Shelter 1 Caulk Black Door 1.18 0.27 5.10 22.35 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit - - - - 16.76 3.83 72.70 318.50 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit - - - - 16.76 3.83 72.70 318.50 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling - - - - 23.42 5.35 101.56 444.96 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling - - - - 23.42 5.35 101.56 444.96 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall - - - - 11.18 2.55 48.46 212.33 Animal Shelter 1 No Cost Penetration Vent -Wall 0.11 0.12 0.50 0.50 0.S0 0.12 - - Animal Shelter 1 Insulate Sprayfoam-Wall-Beam-Ceiling - - - - 14.79 3.38 64.14 281.03 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Ceiling - - - - 64.81 14.79 281.08 1,231.47 Animal Shelter 1 No Cost Penetration Vent -Ceiling 0.11 0.34 1.47 1.47 1.47 0.34 - - Animal Shelter 1 Replace Weatherstripping -Door Sweep - - - - 15.78 3.60 41.41 181.44 Animal Shelter 1 Replace Weatherstripping -Door Sweep - - - - 15.78 3.60 41.41 181.44 Animal Shelter 1 Clear Caulk Door Frame -Wall - - - - 1.73 0.39 7.48 32.79 Animal Shelter 1 No Cost Penetration Vent -Wall 0.11 0.12 0.50 0.50 0.50 0.12 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall - - - - 11.18 2.55 48.46 212.33 Animal Shelter 1 Replace Weatherstripping -Door Sweep - - - - 7.89 1.80 20.71 90.72 Animal Shelter 1 Caulk Black Door - - - - 1.18 0.27 5.10 22.35 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall - - - - 11.18 2.55 48.46 212.33 Animal Shelter 1 No Cost Penetration Vent -Wall 0.11 0.12 0.50 0.50 0.S0 0.12 - - Animal Shelter 1 No Cost Penetration Vent -Wall 0.11 0.12 0.50 0.50 0.50 0.12 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall - - - - 11.18 2.55 48.46 212.33 Animal Shelter 1 No Cost Penetration Vent -Wall 0.11 0.12 0.50 0.50 0.50 0.12 - - Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall - - - - 11.18 2.55 48.46 212.33 Fire Marshall 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Marshall 1 Clear Caulk Door - - - - 1.19 0.27 5.14 22.54 Fire Marshall 1 Replace Weatherstripping -Door Sweep - - - - 7.17 1.64 18.81 82.40 Fire Marshall 1 Insulate Sprayfoam-Penetration - - - - 0.66 0.15 2.85 12.49 Fire Marshall 1 Insulate Sprayfoam-Penetration 2.47 0.56 10.69 46.84 Fire Marshall 1 Insulate Sprayfoam-Pipe- Wall 0.21 0.05 0.89 3.90 Fire Marshall 1 Insulate Sprayfoam-Wall-Ceiling - - - - 9.37 2.14 40.62 177.98 Fire Marshall 1 Replace Weatherstripping -Door Sweep 0.75 0.17 1.96 8.57 Fire Marshall 1 Add Cap -Caulk -Penetration Vent - - - - 19.44 4.44 84.33 369.44 Fire Marshall 1 Insulate Sprayfoam-Pipe- Ceiling 0.18 0.04 0.80 3.51 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep - - - - 7.32 1.67 19.20 84.13 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep - - - - 0.97 0.22 2.54 11.14 City Hall 1 Caulk Black Door - - - - 4.77 1.09 20.67 90.55 City Hall 1 Add Dow -Window -Corner -Exterior - - - - 0.08 0.02 0.36 1.56 City Hall 1 Add Dow -Window -Corner -Exterior - - - - 0.08 0.02 0.36 1.56 City Hall 0 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Facility Name Location in Facility Upgraded Code Description UpgradedU- Value Upgraded Heating Loss from Conduction (Therms) Upgraded Cooling Loss from Conduction (kWh) Total Upgraded Energy loss from Conduction (kWh) Total pgraded ergy Loss (kWh) Total Upgraded Energy Loss (Therms) Heating Savings from Infiltration (Therms) Cooling Savings from Infiltration (kWh) City Hall 0 No Cost Box -Sill -Perimeter 0.11 59.45 256.62 256.62 256.62 59.45 - City Hall 0 Insulate Sprayfoam-Box-Sill-Perimeter - - - - 102.80 23.46 445.80 1,953.14 City Hall 0 Caulk Black Door - - - - 4.77 1.09 20.67 90.55 City Hall 0 Replace -Astragal-Door Sweep - - - - 5.13 1.17 13.46 58.97 City Hall 0 Replace Weatherstripping -Astragal -Door Sweep - - - - 0.97 0.22 2.54 11.14 City Hall 0 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 City Hall 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 City Hall 1 Add Dow -Window -Corner -Exterior - - - - 0.02 0.00 0.09 0.39 City Hall 1 Add Dow -Window -Corner -Exterior - - - - 0.02 0.00 0.09 0.39 City Hall 1 Caulk Black Door - - - - 2.38 0.54 10.33 45.28 City Hall 0 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 City Hall 0 Caulk Black Door 2.38 0.54 10.33 45.28 City Hall 1 Caulk Black Door - - - - 2.38 0.54 10.33 45.28 City Hall 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 City Hall 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 City Hall 1 Caulk Black Door 2.38 0.54 10.33 45.28 City Hall 1 Add Backer Rod -Dow -Penetration Wall -Exterior - - - - 0.94 0.22 4.10 17.95 City Hall 1 Replace -Door Sweep -Automatic - - - - 16.57 3.78 43.48 190.51 City Hall 1 Caulk Black Door - - - - 3.61 0.82 15.66 68.60 City Hall 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 City Hall 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Building Maintenance and Facilities iv 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - - - 4.44 1.01 19.24 84.31 Building Maintenance and Facilities N 1 Insulate Sprayfoam-Wall-Beam-Ceiling - - - - 18.47 4.22 80.10 350.91 Building Maintenance and Facilities iv 1 Clear Caulk- Window- Frame - Wall -Perimeter - - - - 4.52 1.03 19.60 85.87 Building Maintenance and Facilities N 1 JAM Gasket -Electrical Receptacle - - - - 2.21 0.50 9.59 42.01 Building Maintenance and Facilities iv 1 jAdd Gasket -Electrical Receptacle - - - - 0.32 0.07 1.37 6.00 Building Maintenance and Facilities N 1 IClear Caulk- Window- Frame - Wall -Perimeter 1.56 0.36 6.75 29.57 Building Maintenance and Facilities iv 1 1 Insulate Sprayfoam-Penetration Wall - - - - 35.01 7.99 151.81 665.10 Building Maintenance and Facilities N 1 JAM Rigid Insulation -Spray Foam- Wall -Beam -Ceiling -Perimeter - - - - 19.72 4.50 85.53 374.70 Building Maintenance and Facilities iv 1 Replace Weatherstripping -Overhead Garage Door - - - - 26.51 6.05 69.57 304.81 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep - - - - 25.05 5.72 65.74 288.03 Building Maintenance and Facilities iv 1 Insulate Sprayfoam-Door-Frame-Wall - - - - 3.41 0.78 14.79 64.79 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam -Penetration Vent - - - - 4.75 1.08 20.58 90.16 Building Maintenance and Facilities iv 1 Insulate Sprayfoam-Wall-Beam-Ceiling-Perimeter - - - - 8.21 1.87 35.60 155.97 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Building Maintenance and Facilities iv 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Building Maintenance and Facilities N 1 JAM Rigid Insulation -Spray Foam- Wall -Beam -Ceiling - - - - 19.47 4.45 84.46 370.02 Building Maintenance and Facilities iv 1 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Building Maintenance and Facilities N 1 jAdd Rigid Insulation -Spray Foam- Wall -Ceiling - - - - 12.98 2.96 56.28 246.55 Building Maintenance and Facilities iv 1 JAM Metal -Frame -Drywall -Spray Foam - - - - 38.89 8.88 168.65 738.88 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep - - - - 19.39 4.43 50.90 223.01 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic - - - - 5.57 1.27 14.62 64.07 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic - - - - 5.57 1.27 14.62 64.07 Town Center 1 Clear Caulk Door - - - - 4.50 1.03 19.51 85.48 Town Center 1 Clear Caulk Door - - - - 5.42 1.24 23.50 102.95 Town Center 1 Clear Caulk Door - - - - 4.50 1.03 19.51 85.48 Town Center 1 Clear Caulk Door - - - - 5.42 1.24 23.50 102.95 Town Center 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Facility Name Location in Facility Upgraded Code Description UpgradedU- Value Upgraded Heating Loss from Conduction (Therms) Upgraded Cooling Loss from Conduction (kWh) Total Upgraded Energy loss from Conduction (kWh) Total pgraded ergy Loss (kWh) Total Upgraded Energy Loss (Therms) Heating Savings from Infiltration (Therms) Cooling Savings from Infiltration (kWh) Town Center 1 Replace -Door Sweep - - - - 2.37 0.54 6.21 27.22 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Replace -Door Sweep - - - - 2.37 0.54 6.21 27.22 Town Center 1 Replace -Door Sweep - - - - 2.37 0.54 6.21 27.22 Town Center 1 Replace -Door Sweep - - - - 2.37 0.54 6.21 27.22 Town Center 1 Replace -Door Sweep - - - - 2.37 0.54 6.21 27.22 Town Center 1 Replace -Door Sweep - - - - 2.37 0.54 6.21 27.22 Town Center 1 Replace -Door Sweep - - - - 2.37 0.54 6.21 27.22 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Replace Vertical Sweep -Door Sweep - - - - 5.52 1.26 14.49 63.50 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Clear Caulk Door - - - - 2.56 0.58 11.11 48.69 Town Center 1 Replace Vertical Sweep -Door Sweep - - - - 5.52 1.26 14.49 63.50 Town Center 1 Replace -Door Sweep - - - - 1.18 0.27 3.11 13.61 Town Center 1 Clear Caulk Door - - - - 1.28 0.29 5.56 24.35 Town Center 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Town Center 1 Replace -Door Sweep - - - - 1.18 0.27 3.11 13.61 Town Center 1 Clear Caulk Door - - - - 1.28 0.29 5.56 24.35 Town Center 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #i7 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - - - 0.16 0.04 0.71 3.12 Fayetteville Television Center 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling - - - - 24.65 5.63 106.91 468.38 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - - - 0.23 0.05 0.98 4.29 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - - - 0.41 0.09 1.78 7.81 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall - - - - 0.06 0.01 0.27 1.17 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling - - - - 6.29 1.43 27.26 119.44 Fayetteville Television Center 1 Replace Weatherstripping -Door Sweep - - - - 7.56 1.73 19.84 86.94 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep - - - - 12.62 2.88 33.13 145.15 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling - - - - 3.33 0.76 14.43 63.23 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep - - - - 12.31 2.81 32.31 141.56 Fayetteville Television Center 1 Replace -Astragal -Door Sweep - - - - 5.13 1.17 13.46 58.97 Fayetteville Television Center 1 Caulk Black Door - - - - 2.92 0.67 12.65 55.42 District Court 1 Replace -Astragal-Door Sweep - - - - 5.26 1.20 13.80 60.48 District Court 1 Clear Caulk Door - - - - 2.40 0.55 10.40 45.57 District Court 1 Replace -Astragal-Door Sweep - - - - 0.99 0.23 2.61 11.43 District Court 1 Clear Caulk Door - - - - 1.20 0.27 5.20 22.78 District Court 1 Replace -Door Sweep - - - - 1.18 0.27 3.11 13.61 District Court 1 Replace Weatherstripping -Astragal -Door Sweep - - - - 7.32 1.67 19.20 84.13 District Court 1 Replace Weatherstripping -Door Sweep 7.63 1.74 20.02 87.69 District Court 1 Clear Caulk Door - - - - 2.40 0.55 10.40 45.57 District Court 1 Replace -Astragal-Door Sweep - - - - 5.13 1.17 13.46 58.97 District Court 1 Replace -Astragal-Door Sweep - - - - 0.97 0.22 2.54 11.14 Rangers Pantry Pet Food Bank 1 Replace -Door Sweep - - - - 1.18 0.27 3.11 13.61 Facility Name Location in Facility Upgraded Code Description UpgradedU- Value Upgraded Heating Loss from Conduction (Therms) Upgraded Cooling Loss from Conduction (kWh) Total Upgraded Energy loss from Conduction (kWh) Total pgraded ergy Loss (kWh) Total Upgraded Energy Loss (Therms) Heating Savings from Infiltration (Therms) Cooling Savings from Infiltration (kWh) Rangers Pantry Pet Food Bank 1 Caulk Black Door - - - - 1.15 0.26 5.00 21.91 Rangers Pantry Pet Food Bank 1 Add Dow -Window -Corner -Exterior - - - - 0.04 0.01 0.18 0.78 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #7 1 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #7 1 Replace Weatherstripping -Door Sweep 7.56 86.97 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #7 2 Replace -Door Sweep - - - - 1.18 0.27 3.11 13.61 Fire Station #7 2 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #7 2 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #7 2 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 District Court 1 Add Fiberglass Insulation -Spray Foam -Wall -Beam - Ceiling - - - - 311.96 71.21 1,352.91 5,927.33 Fire Station #3 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #3 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #3 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #3 Replace -Door Sweep - - - - 1.18 0.27 3.11 13.61 Fire Station #3 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #3 Replace Weatherstripping -Door Sweep - 0.50 5.78 - Fire Station #3 Replace Weatherstripping -Door Sweep 7.56 86.97 Fire Station #3 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #3 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #3 Clear Caulk - Window - - - - 39.44 9.00 171.05 749.41 Fire Station #3 Clear Caulk -Window - - - - 13.15 3.00 57.02 249.80 Fire Station #3 Clear Caulk - Window - - - - 26.29 6.00 114.03 499.60 Fire Station #3 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #3 Clear Caulk -Window - - - - 6.57 1.50 28.51 124.90 Fire Station #3 Clear Caulk -Window - - - - 11.67 2.66 50.60 221.70 Fire Station #3 Clear Caulk -Window - - - - 6.57 1.50 28.51 124.90 Fire Station #3 Clear Caulk -Window 11.67 2.66 50.60 221.70 Fire Station #3 Clear Caulk -Window - - - - 11.67 2.66 50.60 221.70 Fire Station #3 Clear Caulk -Window - - - - 6.57 1.50 28.51 124.90 Fire Station #3 Clear Caulk -Window - - - - 6.57 1.50 28.51 124.90 Fire Station #3 Clear Caulk -Window - - - - 6.57 1.50 28.51 124.90 Fire Station #3 Clear Caulk -Window - - - - 6.57 1.50 28.51 124.90 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #5 1 Replace Weatherstripping -Door Sweep 7.56 86.97 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 0.50 5.78 - Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 0.50 5.78 - Fire Station #5 1 Replace Weatherstripping -Door Sweep 7.56 86.97 Facility Name Location in Facility Upgraded Code Description UpgradedU- Value Upgraded Heating Loss from Conduction (Therms) Upgraded Cooling Loss from Conduction (kWh) Total Upgraded Energy loss from Conduction (kWh) Total pgraded ergy Loss (kWh) Total Upgraded Energy Loss (Therms) Heating Savings from Infiltration (Therms) Cooling Savings from Infiltration (kWh) Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #5 1 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station#4 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 0.50 5.78 - Fire Station #4 1 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #4 1 Clear Caulk Door - - - - 2.10 0.48 9.09 39.81 Fire Station#4 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #4 1 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #4 1 Clear Caulk Door - - - - 2.10 0.48 9.09 39.81 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Rangers Pantry Pet Food Bank 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling - - - - 73.46 16.77 318.58 1,395.77 Rangers Pantry Pet Food Bank 1 No Cost Wall -Ceiling 0.11 36.42 157.19 157.19 157.19 36.42 - - Fire Station #6 1 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #6 1 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - - 0.50 5.78 - Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - - 7.56 86.97 - Fire Station #6 1 Replace Weatherstripping -Door Sweep 7.56 86.97 - Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #1 1 Replace Weatherstripping -Door Sweep 0.75 0.17 1.96 8.57 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #1 1 Replace Weatherstripping -Door Sweep 0.75 0.17 1.96 8.57 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 0.69 0.16 1.82 7.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 0.75 0.17 1.96 8.57 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 0.69 0.16 1.82 7.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Total Upgraded Upgraded Upgraded Total Total Heating Cooling Heating Loss Cooling Loss Location in UpgradedU- Energy loss pgraded Upgraded Savings from Savings from Facility Name Upgraded Code Description from from Facility Value from ergy Loss Energy Loss Infiltration Infiltration Conduction Conduction Conduction (kWh) (Therms) (Therms) (kWh) (Therms) (kWh) (kWh) Fire Station #1 1 Clear Caulk Door - - - - 1.17 0.27 5.07 22.20 Fire Station #1 1 Clear Caulk Door 2.10 0.48 9.09 39.81 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - - 6.48 74.54 - Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - 2.20 0.50 5.78 25.31 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - 0.70 0.16 1.83 8.00 Fire Station#2 1 Replace Weatherstripping -Door Sweep 0.70 0.16 1.83 8.00 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - 0.70 0.16 1.83 8.00 131.25 566.51 566.51 2,168.30 716.51 8,834.86 27,639.81 Facility Name Location in Facility Upgraded Code Description Total Energy Savings from Infiltration (kWh) Heating Savings from Conduction (Therms) Cooling Savings from Conduction (kWh) Total Energy Savings from Conduction (kWh) Total Energy Savings (kWh) Total Energ Savings (Therms) Animal Shelter 1 Replace Weatherstripping -Door Sweep 89.96 - - - 89.96 20.53 Animal Shelter 1 Replace Weatherstripping -Door Sweep 89.96 89.96 20.53 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 234.19 - - - 234.19 53.45 Animal Shelter 1 No Cost Wall -Ceiling - 53.46 230.77 230.77 230.77 53.46 Animal Shelter 1 No Cost Wall -Ceiling - 27.16 117.23 117.23 117.23 27.16 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 118.97 - - - 118.97 27.15 Animal Shelter 1 No Cost Wall -Ceiling - 39.99 172.62 172.62 172.62 39.99 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 175.17 - - - 175.17 39.98 Animal Shelter 1 Caulk Black Door 22.35 - - - 22.35 5.10 Animal Shelter 1 Caulk Black Door 22.35 22.35 5.10 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 318.50 - - - 318.50 72.70 Animal Shelter 1 Add Metal Cover -Spray Foam -Penetration Vent -Soffit 318.50 - - - 318.50 72.70 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 444.96 - - - 444.96 101.56 Animal Shelter 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 444.96 - - - 444.96 101.56 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 212.33 - - - 212.33 48.46 Animal Shelter 1 No Cost Penetration Vent -Wall - 0.40 1.74 1.74 1.74 0.40 Animal Shelter 1 Insulate Sprayfoam-Wall-Beam-Ceiling 281.03 - - - 281.03 64.14 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Ceiling 1,231.47 - - - 1,231.47 281.08 Animal Shelter 1 No Cost Penetration Vent -Ceiling - 1.19 5.13 5.13 5.13 1.19 Animal Shelter 1 Replace Weatherstripping -Door Sweep 181.44 - - - 181.44 41.41 Animal Shelter 1 Replace Weatherstripping -Door Sweep 181.44 - - - 181.44 41.41 Animal Shelter 1 Clear Caulk Door Frame -Wall 32.79 - - - 32.79 7.48 Animal Shelter 1 No Cost Penetration Vent -Wall - 0.40 1.74 1.74 1.74 0.40 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 212.33 - - - 212.33 48.46 Animal Shelter 1 Replace Weatherstripping -Door Sweep 90.72 90.72 20.71 Animal Shelter 1 Caulk Black Door 22.35 22.35 5.10 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 212.33 - - - 212.33 48.46 Animal Shelter 1 No Cost Penetration Vent -Wall - 0.40 1.74 1.74 1.74 0.40 Animal Shelter 1 No Cost Penetration Vent -Wall - 0.40 1.74 1.74 1.74 0.40 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Vent -Wall 212.33 - - - 212.33 48.46 Animal Shelter 1 No Cost Penetration Vent -Wall - 0.40 1.74 1.74 1.74 0.40 Animal Shelter 1 Add Rigid Insulation -Spray Foam -Penetration Wall 212.33 - - - 212.33 48.46 Fire Marshall 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Marshall 1 Clear Caulk Door 22.54 - - - 22.54 5.14 Fire Marshall 1 Replace Weatherstripping -Door Sweep 82.40 - - - 82.40 18.81 Fire Marshall 1 Insulate Sprayfoam-Penetration 12.49 - - - 12.49 2.85 Fire Marshall 1 Insulate Sprayfoam-Penetration 46.84 - - - 46.84 10.69 Fire Marshall 1 Insulate Sprayfoam-Pipe- Wall 3.90 3.90 0.89 Fire Marshall 1 Insulate Sprayfoam-Wall-Ceiling 177.98 177.98 40.62 Fire Marshall 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Marshall 1 Add Cap -Caulk -Penetration Vent 369.44 - - - 369.44 84.33 Fire Marshall 1 Insulate Sprayfoam-Pipe- Ceiling 3.51 3.51 0.80 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 84.13 - - - 84.13 19.20 City Hall 1 Replace Weatherstripping -Astragal -Door Sweep 11.14 - - - 11.14 2.54 City Hall 1 Caulk Black Door 90.55 - - - 90.55 20.67 City Hall 1 Add Dow -Window -Corner -Exterior 1.56 - - - 1.56 0.36 City Hall 1 Add Dow -Window -Corner -Exterior 1.56 - - - 1.56 0.36 City Hall 0 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Facility Name Location in Facility Upgraded Code Description Total Energy Savings from Infiltration (kWh) Heating Savings from Conduction (Therms) Cooling Savings from Conduction (kWh) Total Energy Savings from Conduction (kWh) Total Energy Savings (kWh) Total Energ Savings (Therms) City Hall 0 No Cost Box -Sill -Perimeter - 208.08 898.16 898.16 898.16 208.08 City Hall 0 Insulate Sprayfoam-Box-Sill-Perimeter 1,953.14 - - 1,953.14 445.80 City Hall 0 Caulk Black Door 90.55 - - - 90.55 20.67 City Hall 0 Replace -Astragal-Door Sweep 58.97 - - - 58.97 13.46 City Hall 0 Replace Weatherstripping -Astragal -Door Sweep 11.14 - - - 11.14 2.54 City Hall 0 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 City Hall 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 City Hall 1 Add Dow -Window -Corner -Exterior 0.39 0.39 0.09 City Hall 1 Add Dow -Window -Corner -Exterior 0.39 - - - 0.39 0.09 City Hall 1 Caulk Black Door 45.28 - - - 45.28 10.33 City Hall 0 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 City Hall 0 Caulk Black Door 45.28 - - - 45.28 10.33 City Hall 1 Caulk Black Door 45.28 - - - 45.28 10.33 City Hall 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 City Hall 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 City Hall 1 Caulk Black Door 45.28 45.28 10.33 City Hall 1 Add Backer Rod -Dow -Penetration Wall -Exterior 17.95 - - - 17.95 4.10 City Hall 1 Replace -Door Sweep -Automatic 190.51 - - - 190.51 43.48 City Hall 1 Caulk Black Door 68.60 - - - 68.60 15.66 City Hall 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 City Hall 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 84.31 - - - 84.31 19.24 Building Maintenance and Facilities N 1 Insulate Sprayfoam-Wall-Beam-Ceiling 350.91 - - - 350.91 80.10 Building Maintenance and Facilities N 1 Clear Caulk- Window- Frame - Wall -Perimeter 85.87 - - - 85.87 19.60 Building Maintenance and Facilities N 1 JAM Gasket -Electrical Receptacle 42.01 - - - 42.01 9.59 Building Maintenance and Facilities N 1 jAdd Gasket -Electrical Receptacle 6.00 - - - 6.00 1.37 Building Maintenance and Facilities N 1 IClear Caulk- Window- Frame - Wall -Perimeter 29.57 - - - 29.57 6.75 Building Maintenance and Facilities N 1 Insulate Sprayfoam-Penetration Wall 665.10 - - - 665.10 151.81 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling -Perimeter 374.70 - - - 374.70 85.53 Building Maintenance and Facilities N 1 Replace Weatherstripping -Overhead Garage Door 304.81 - - - 304.81 69.57 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep 288.03 - - - 288.03 65.74 Building Maintenance and Facilities N 1 Insulate Sprayfoam-Door-Frame-Wall 64.79 - - - 64.79 14.79 Building Maintenance and Facilities N 1 Add Rigid Insulation -Spray Foam -Penetration Vent 90.16 - - - 90.16 20.58 Building Maintenance and Facilities N 1 Insulate Sprayfoam-Wall-Beam-Ceiling-Perimeter 155.97 - - - 155.97 35.60 Building Maintenance and Facilities N 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Building Maintenance and Facilities N 1 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Building Maintenance and Facilities N 1 JAM Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 370.02 - - - 370.02 84.46 Building Maintenance and Facilities N 1 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Building Maintenance and Facilities N 1 jAdd Rigid Insulation -Spray Foam- Wall -Ceiling 246.55 - - - 246.55 56.28 Building Maintenance and Facilities N 1 JAM Metal -Frame -Drywall -Spray Foam 738.88 738.88 168.65 Building Maintenance and Facilities N 1 Replace Weatherstripping -Astragal -Door Sweep 223.01 - - - 223.01 50.90 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 64.07 - - - 64.07 14.62 Town Center 1 Replace Vertical Sweep -Door Sweep -Automatic 64.07 - - - 64.07 14.62 Town Center 1 Clear Caulk Door 85.48 - - - 85.48 19.51 Town Center 1 Clear Caulk Door 102.95 102.95 23.50 Town Center 1 Clear Caulk Door 85.48 - - - 85.48 19.51 Town Center 1 Clear Caulk Door 102.95 - - - 102.95 23.50 Town Center 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Facility Name Location in Facility Upgraded Code Description Total Energy Savings from Infiltration (kWh) Heating Savings from Conduction (Therms) Cooling Savings from Conduction (kWh) Total Energy Savings from Conduction (kWh) Total Energy Savings (kWh) TotalEnerg Savings (Therms) Town Center 1 Replace -Door Sweep 27.22 - - - 27.22 6.21 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Replace -Door Sweep 27.22 - - - 27.22 6.21 Town Center 1 Replace -Door Sweep 27.22 - - - 27.22 6.21 Town Center 1 Replace -Door Sweep 27.22 - - - 27.22 6.21 Town Center 1 Replace -Door Sweep 27.22 - - - 27.22 6.21 Town Center 1 Replace -Door Sweep 27.22 1 27.22 6.21 Town Center 1 Replace -Door Sweep 27.22 - - - 27.22 6.21 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Replace Vertical Sweep -Door Sweep 63.50 - - - 63.50 14.49 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Clear Caulk Door 48.69 - - - 48.69 11.11 Town Center 1 Replace Vertical Sweep -Door Sweep 63.50 - - - 63.50 14.49 Town Center 1 Replace -Door Sweep 13.61 - - - 13.61 3.11 Town Center 1 Clear Caulk Door 24.35 - - - 24.35 5.56 Town Center 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Town Center 1 Replace -Door Sweep 13.61 - - - 13.61 3.11 Town Center 1 Clear Caulk Door 24.35 - - - 24.35 5.56 Town Center 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #7 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #i7 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 3.12 3.12 0.71 Fayetteville Television Center 1 Add Rigid Insulation -Spray Foam- Wall -Beam -Ceiling 468.38 468.38 106.91 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 4.29 - - - 4.29 0.98 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 7.81 - - - 7.81 1.78 Fayetteville Television Center 1 Insulate Sprayfoam-Pipe- Wall 1.17 - - - 1.17 0.27 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling 119.44 - - - 119.44 27.26 Fayetteville Television Center 1 Replace Weatherstripping -Door Sweep 86.94 - - - 86.94 19.84 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep 145.15 - - - 145.15 33.13 Fayetteville Television Center 1 Insulate Sprayfoam-Wall-Ceiling 63.23 - - - 63.23 14.43 Fayetteville Television Center 1 Replace Weatherstripping -Astragal -Door Sweep 141.56 - - - 141.56 32.31 Fayetteville Television Center 1 Replace-Astragal-DoorSweep 58.97 58.97 13.46 Fayetteville Television Center 1 Caulk Black Door 55.42 - - - 55.42 12.65 District Court 1 Replace -Astragal-Door Sweep 60.48 60.48 13.80 District Court 1 Clear Caulk Door 45.57 - - - 45.57 10.40 District Court 1 Replace -Astragal-Door Sweep 11.43 - - - 11.43 2.61 District Court 1 Clear Caulk Door 22.78 - - - 22.78 5.20 District Court 1 Replace -Door Sweep 13.61 - - - 13.61 3.11 District Court 1 Replace Weatherstripping -Astragal -Door Sweep 84.13 84.13 19.20 District Court 1 Replace Weatherstripping -Door Sweep 87.69 87.69 20.02 District Court 1 Clear Caulk Door 45.57 - - - 45.57 10.40 District Court 1 Replace -Astragal-Door Sweep 58.97 - - - 58.97 13.46 District Court 1 Replace -Astragal-Door Sweep 11.14 - - - 11.14 2.54 Rangers Pantry Pet Food Bank 1 Replace -Door Sweep 13.61 - - - 13.61 3.11 Facility Name Location in Facility Upgraded Code Description Total Energy Savings from Infiltration (kWh) Heating Savings from Conduction (Therms) Cooling Savings from Conduction (kWh) Total Energy Savings from Conduction (kWh) Total Energy Savings (kWh) Total Energ Savings (Therms) Rangers Pantry Pet Food Bank 1 Caulk Black Door 21.91 - - - 21.91 5.00 Rangers Pantry Pet Food Bank 1 Add Dow -Window -Corner -Exterior 0.78 - - - 0.78 0.18 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Rangers Pantry Pet Food Bank 1 Replace Weatherstripping -Door Sweep 25.31 1 25.31 5.78 Fire Station #7 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #7 1 Clear Caulk Door 22.20 - - - 22.20 5.07 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station#7 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #7 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station#7 1 Replace Weatherstripping -Door Sweep 86.97 Fire Station#7 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station#7 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #7 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #7 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #7 2 Replace -Door Sweep 13.61 - - - 13.61 3.11 Fire Station #7 2 Clear Caulk Door 22.20 - - - 22.20 5.07 Fire Station #7 2 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #7 2 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 District Court 1 Add Fiberglass Insulation -Spray Foam -Wall -Beam - Ceiling 5,927.33 - - - 5,927.33 1,352.91 Fire Station #3 Replace Weatherstripping -Door Sweep - - 86.97 Fire Station #3 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #3 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #3 Replace -Door Sweep 13.61 - - - 13.61 3.11 Fire Station #3 Replace Weatherstripping -Door Sweep 8.57 8.57 1.96 Fire Station #3 Replace Weatherstripping -Door Sweep - - 5.78 Fire Station #3 Replace Weatherstripping -Door Sweep 86.97 Fire Station #3 Replace Weatherstripping -Door Sweep - - 86.97 Fire Station #3 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #3 Clear Caulk - Window 749.41 - - - 749.41 171.05 Fire Station #3 Clear Caulk -Window 249.80 - - - 249.80 57.02 Fire Station #3 Clear Caulk - Window 499.60 - - - 499.60 114.03 Fire Station #3 Clear Caulk Door 22.20 - - - 22.20 5.07 Fire Station #3 Clear Caulk -Window 124.90 - - - 124.90 28.51 Fire Station #3 Clear Caulk -Window 221.70 - - - 221.70 50.60 Fire Station #3 Clear Caulk -Window 124.90 - - - 124.90 28.51 Fire Station #3 Clear Caulk -Window 221.70 221.70 50.60 Fire Station #3 Clear Caulk -Window 221.70 - - - 221.70 50.60 Fire Station #3 Clear Caulk -Window 124.90 124.90 28.51 Fire Station #3 Clear Caulk -Window 124.90 - - - 124.90 28.51 Fire Station #3 Clear Caulk -Window 124.90 - - - 124.90 28.51 Fire Station #3 Clear Caulk -Window 124.90 - - - 124.90 28.51 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #5 1 Replace Weatherstripping -Door Sweep 86.97 Fire Station #5 1 Replace Weatherstripping -Door Sweep 5.78 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 5.78 Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Facility Name Location in Facility Upgraded Code Description Total Energy Savings from Infiltration (kWh) Heating Savings from Conduction (Therms) Cooling Savings from Conduction (kWh) Total Energy Savings from Conduction (kWh) Total Energy Savings (kWh) Total Energ Savings (Therms) Fire Station #5 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #5 1 Clear Caulk Door 22.20 22.20 5.07 Fire Station #5 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #5 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #5 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #4 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station#4 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #4 1 Replace Weatherstripping -Door Sweep - - - - - 5.78 Fire Station #4 1 Clear Caulk Door 22.20 - - - 22.20 5.07 Fire Station #4 1 Clear Caulk Door 39.81 - - - 39.81 9.09 Fire Station#4 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #4 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #4 1 Clear Caulk Door 22.20 - - - 22.20 5.07 Fire Station #4 1 Clear Caulk Door 39.81 39.81 9.09 Fire Station #4 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Rangers Pantry Pet Food Bank 1 Add Rigid Insulation -Spray Foam- Wall -Ceiling 1,395.77 - - - 1,395.77 318.58 Rangers Pantry Pet Food Bank 1 No Cost Wall -Ceiling - 127.46 550.16 550.16 550.16 127.46 Fire Station #6 1 Clear Caulk Door 22.20 - - - 22.20 5.07 Fire Station #6 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - - 86.97 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - 86.97 Fire Station #6 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #6 1 Clear Caulk Door 22.20 22.20 5.07 Fire Station #6 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - - - - 5.78 Fire Station#6 1 Replace Weatherstripping -Door Sweep 86.97 Fire Station #6 1 Replace Weatherstripping -Door Sweep - - 86.97 Fire Station #6 1 Replace Weatherstripping -Door Sweep 8.57 8.57 1.96 Fire Station #6 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #1 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #1 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #1 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #1 1 Replace Weatherstripping -Door Sweep 8.57 8.57 1.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep 8.57 8.57 1.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep 7.96 - - - 7.96 1.82 Fire Station #1 1 Replace Weatherstripping -Door Sweep 8.57 - - - 8.57 1.96 Fire Station #1 1 Replace Weatherstripping -Door Sweep 7.96 - - - 7.96 1.82 Fire Station #1 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Facility Name Location in Facility Upgraded Code Description Total Energy Savings from Infiltration (kWh) Heating Savings from Conduction (Therms) Cooling Savings from Conduction (kWh) Total Energy Savings from Conduction (kWh) Total Energy Savings (kWh) Total Energ Savings (Therms) Fire Station #1 1 Clear Caulk Door 22.20 - - - 22.20 5.07 Fire Station #1 1 Clear Caulk Door 39.81 39.81 9.09 Fire Station #1 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #1 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #2 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #2 1 Replace Weatherstripping -Door Sweep - I- - - - 74.54 Fire Station #2 1 Replace Weatherstripping -Door Sweep - - - - - 74.54 Fire Station #2 1 Replace Weatherstripping -Door Sweep 25.31 - - - 25.31 5.78 Fire Station #2 1 Replace Weatherstripping -Door Sweep 8.00 - - - 8.00 1.83 Fire Station#2 1 Replace Weatherstripping -Door Sweep 8.00 8.00 1.83 Fire Station #2 1 Replace Weatherstripping -Door Sweep 8.00 - - - 8.00 1.83 27,639.81 459.37 1,982.78 1,982.78 29,622.60 9,294.23 Attachment 9 FIM 4 - Solar Calculation Models (Helioscopes) Design 1 COF- Fayetteville Police Department, Fayetteville Police Department f Report 1.1d System Metrics Project Name COF- Fayetteville Police Department Design Design 1 Project Address Fayetteville Police Department Module DC 134.1 kW Nameplate Prepared B Cody Wilson P y cwilson@sealsolar.com Inverter AC 100.OkW Nameplate Load Ratio: 1.34 Annual 192.7 MWh Production Performance 84.6% Ratio kWh/kWp 1,436.8 Weather Dataset TMY, SPRINGFIELD REGIONAL ARPT, NSRDB (tmy3, 1) Simulator Version de7219c6cd-16a4103c89-1a188dc459- e0f52f71ff .Id Monthly Production 30k 20k >L 10k 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec f Annual Production Description Output %Delta Annual Global Horizontal Irradiance 1,586.4 PDA Irradiance 1,697.9 7.0% Irradiance Shaded Irradiance 1,668.9 -1.7% (kWh/mz) Irradiance after Reflection 1,617.0 -3.1% Irradiance after Soiling 1,584.6 -2.0% Total Collector Irradiance 1,584.7 0.0% Nameplate 212,873.5 Output at Irradiance Levels 211,547.0 -0.6% Output at Cell Temperature Derate 204,726.2 -3.2% Output After Mismatch 204,725.9 0.0% Energy Optimizer Output 201,858.6 -1.4% (kWh) Optimal DC Output 201,636.5 -0.1% Constrained DC Output 198,503.2 -1.6% Inverter Output 195,492.2 -1.5% Energy to Grid 192,673.1 -1.4% Temperature Metrics Avg. Operating Ambient Temp 16.5 °C Avg. Operating Cell Temp 24.4 °C Simulation Metrics Operating Hours 4623 Solved Hours 4623 V Proiect Location 0 Sources of System Loss AC System: 1.4% \ / Shading: 1.7 % Inverters: 1.6% \ 1 pi. Reflection: 3.1 % Clipping: l.6% � Wiring: 0.1% Optimizers: 1.4 % ` \ Soiling: 2.0% Mismatch: 0.0% / \ Irradiance: 0.6% Temperature: 3.2% • Condition Set Description Condition Set 2 Weather Dataset TMY, SPRINGFIELD REGIONAL ARPT, NSRDB (tmy3, 1) Solar Angle Location Meteo Lat/Lng Transposition Model Perez Model Temperature Model Sandia Model Rack Type a b Temperature Delta Fixed Tilt -3.56 -0.075 3°C Temperature Model Parameters Flush Mount -2.81 -0.0455 0°C East-West -3.56 -0.075 3°C Carport -3.56 -0.075 3°C J I F I M A I M J I J A I S O N D Soiling (%) 2 2 2 2 2 2 2 2 2 2 2 2 Irradiation Variance 5% Cell Temperature 4° C Spread Module Binning Range -2.5% to 2.5% AC System Derate 0.50% Module Uploaded Characterization Module By Characterizations BVM6612M-450S-H-HC-BF-DG Folsom Spec Sheet (1000V) (Boviet) Labs Characterization, PAN Component Device Uploaded By Characterization Characterizations Component Name Count Inverters SE100KUS (SolarEdge) 1 (100.0 kW) AC Home 4AWG (Aluminum) 1 (270.9 Runs ft) Strings 10 AWG (Copper) 9(2,118.7 ft) 298 Optimizers P960 NA (SolarEdge) (286.1 kW) Module Boviet, BVM6612M-4505-H-HC-BF- 298 (13(13 4.1 DG (1000V) (450W) ch Wiring Zones Description Combiner Poles String Size Stringing Strategy Wiring Zone 13-34 Along Racking . 2 Field Segments Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 1 Fixed Tilt Landscape (Horizontal) 10' 180' 1.6 ft 1x1 162 162 72.9 kW Field Segment 2 Fixed Tilt Landscape (Horizontal) 10. 180' 1.6 ft 1x1 136 136 61.2 kW Annual Production Report oduced by Cody Wilson © 2021 Folsom Labs 3/3 August 24, 2021 City of Fayetteville- Fayetteville Public Library JPP COF- Public Library, 401 W Mountain St, Fayetteville, AR 72701 .* Report Project Name COF- Public Library Project Address 401 W Mountain St, Fayetteville, AR 72701 Prepared By J P Plumlee jplumlee@lightwavesolar.com dd Monthly Production 40k 30k L x 20k 10k 0 rld System Metrics City of Fayetteville- Fayetteville Public Design LibraryJPP Module DC 176.4 kW Nameplate Inverter AC 133.2kW Nameplate Load Ratio: 1.32 Annual 257.3 MWh Production Performance 85.3% Ratio kWh/kWp 1,458.9 Weather Dataset TMY, SPRINGFIELD REGIONAL ARPT, NSRDB (tmy3, 1) 8e8a737557-8c574f6450-f3f5464605- Simulator Version b7bOb7fOe1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Month GHI (kWh/mz) PDA (kWh/mz) Shaded (kWh/m2) Nameplate (kWh) Grid (kWh) January 69.7 86.3 84.0 13,921.8 13,782.1 February 83.5 95.7 94.4 15,706.5 15,542.7 March 126.4 139.4 138.1 23,158.2 21,411.7 April 153.6 161.7 160.2 26,858.2 24,156.9 May 182.1 185.1 183.3 30,755.9 27,522.5 June 193.8 194.2 192.5 32,328.7 28,315.1 July 207.8 210.2 208.4 35,018.3 30,380.1 August 182.6 190.3 188.6 31,647.9 27,809.0 September 137.8 150.1 148.7 24,915.9 22,439.4 October 113.3 130.6 129.2 21,580.0 20,062.2 November 74.3 90.1 88.0 14,593.9 14,054.4 December 61.6 76.0 73.0 12,073.4 11,867.4 O Sources of System Loss AC System: 0.9 Inverters: 1.5% \ Clipping: 1.2% Wiring: 0. Optimizers: 1.2% Mismatch: 0.0% / / Temperature: 3.6% Shading: 1.3% Reflection: 3.2 % Soiling: 2.0% nce: 0.6 f Annual Production Description Output % Delta Annual Global Horizontal Irradiance 1,586.4 POA Irradiance 1,709.8 7.8% Irradiance Shaded Irradiance 1,688.3 -1.3% (kWh/mz) Irradiance after Reflection 1,634.3 -3.2% Irradiance after Soiling 1,601.6 -2.0% Total Collector Irradiance 1,601.7 0.0% Nameplate 282,558.7 Output at Irradiance Levels 280,817.5 -0.6% Output at Cell Temperature Derate 270,627.0 -3.6% Output After Mismatch 270,627.0 0.0% Energy Optimizer Output 267,359.9 -1.2% (kWh) Optimal DC Output 266,704.1 -0.2% Constrained DC Output 263,593.5 -1.2% Inverter Output 259,614.3 -1.5% Energy to Grid 257,343.4 -0.9% Temperature Metrics Avg. Operating Ambient Temp 16.5 °C Avg. Operating Cell Temp 25.1 °C Simulation Metrics Operating Hours 4623 Solved Hours 4623 Component Name Count Inverters SE66.61K(SolarEdge) 2(133.2 kW) AC Panels 2 input AC Panel 1 AC Home 3 AWG (Copper) 2 (108.7 ft) Runs AC Home 250 MCM (Aluminum) 1 (553.9 ft) Runs Strings 10 AWG (Copper) 14(4,131.6ft) — Optimizers P370 (SolarEdge) 392 (145.0kW) Module Boviet Solar, BVM6612M-450S-H- HC-BF (450W) 392 (176.4 kW) ch Wiring Zones • Condition Set Description Condition Set 3 JPP Weather Dataset TMY, SPRINGFIELD REGIONAL ARPT, NSRDB (tmy3, 1) Solar Angle Location Meteo Lat/Lng Transposition Model Perez Model Temperature Model Diffusion Model Rack Type Uconn Uwind Fixed Tilt 29 0 Temperature Model Parameters Flush Mount 15 0 East-West 29 0 Carport 29 0 J F M A M J J A S O N D Soiling (%) 2 2 2 2 2 2 2 2 2 2 2 2 Irradiation Variance 5% Cell Temperature Spread 4° C Module Binning Range -2.5%to 2.5% AC System Derate 2.00% Module Uploaded Characterization Module BY Characterizations BVM6612M-450S-H-HC-BF Folsom Spec Sheet (Boviet Solar) Labs Characterization, PAN Component Characterizations Device Uploaded By Characterization Description Combiner Poles String Size Stringing Strategy Wiring Zone 17-28 Along Racking 2 Field Segments Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 1 Fixed Tilt Landscape (Horizontal) 10' 181' 1.6 ft 1x1 214 214 96.3 kW Field Segment 3 Fixed Tilt Landscape (Horizontal) 13° 1810 1.6 ft 1x1 52 52 23.4 kW Field Segment 4 Fixed Tilt Landscape (Horizontal) 13° 181° 1.6 ft 1x1 126 126 56.7 kW Im City of Fayetteville- Recycling Center jPP COF-recycling center,1560South Happy Hollow St. f Report lild System Metrics V Project Location Project Name COF- recycling center Design City of Fayetteville- Recycling CenterjPP Project Address 1560 South Happy Hollow St. Module DC 100.8 kW I ! Nameplate Prepared B j P Plumlee P Y Inverter AC 100.0kW jplumlee@lightwavesolar.com .III Monthly Production 20k 15k 3 10k 5k 0 Nameplate Load Ratio: 1.01 Annual 136.5 MWh Production Performance 82 3% Ratio kWh/kWp 1,354.4 TMY, SPRINGFIELD REGIONAL ARPT, Weather Dataset NSRDB (tmy3, 1) 62dd272022-d8ed2458fe-909ef760ca- Simulator Version 121645d5d9 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t Annual Production Description Output %Delta Annual Global Horizontal Irradiance 1,586.4 POA Irradiance 1,646.3 3.8% Irradiance Shaded Irradiance 1,642.8 -0.2%I (kWh/mz) Irradiance after Reflection 1,582.1 -3.7% Irradiance after Soiling 1,550.5 -2.0% Total Collector Irradiance 1,550.3 0.0% Nameplate 156,284.2 Output at Irradiance Levels 155,248.2 -0.7% Output at Cell Temperature Derate 141,846.5 -8.6% Output After Mismatch 141,846.3 0.0% Energy Optimizer Output 139,860.3 -1.4% (kWh) Optimal DC Output 139,759.2 -0.1% Constrained DC Output 139,425.1 -0.2% Inverter Output 137,333.7 -1.5% Energy to Grid 136,524.2 -0.6% Temperature Metrics Avg. Operating Ambient Temp 16.5 °C Avg. Operating Cell Temp 32.6 Simulation Metrics Operating Hours 4623 Solved Hours 4623 0 Sources of System Loss AC System: 0.6% \1 Shading: 0.2% Inverters: 1.5% I Reflection: 3.7% Clipping: 0.2% Wiring: 0.1 Optimizers: 1.4% `- Soiling: 2.0% \ Irradiance: 0.7% Temperature: 8.6% • Condition Set Description Condition Set 2 JPP Weather Dataset TMY, SPRINGFIELD REGIONAL ARPT, NSRDB (tmy3, 1) Solar Angle Location Meteo Lat/Lng Transposition Model Perez Model Temperature Model Diffusion Model Rack Type Uconst Uwind Fixed Tilt 29 0 Temperature Model Parameters Flush Mount 15 0 East-West 29 0 Carport 29 0 J F M A M J J A S O N D Soiling (%) 2 2 2 2 2 2 2 2 2 2 2 2 Irradiation Variance 5% Cell Temperature 4° C Spread Module Binning Range -2.5% to 2.5% AC System Derate 2.00% Module Uploaded Characterization Module By Characterizations BVM6612M-4505-H-HC-BF Folsom Spec Sheet (Boviet Solar) Labs Characterization, PAN Component Device Uploaded By Characterization Characterizations Component Name Count Inverters SE100KUS (SolarEdge) 1 1 (1(1 00.0 AC Home 12 AWG (Copper) 1 (41.5 ft) Runs 8 (2,320. 4 Strings 10 AWG (Copper) — ft) J Optimizers P505 NA (SolarEdge) 224 (113.1kW) Module Boviet Solar, BVM6612M-450S-H- 224 (100.8 HC-BF (450W) kW) ch Wiring Zones Description Combiner Poles String Size Stringing Strategy Wiring Zone 12-28 Along Racking . 2 Field Segments Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 1 Flush Mount Portrait (Vertical) 5° 179.4117° 0.0 ft 1x1 226 224 100.8 kW LIGHTwme Annual Production Report produced by J P Plumlee iME yMIN Ion loss �. rV�i LIGHTWMX. © 2021 Folsom Labs 3/3 July 20, 2021 City of Fayetteville- Fayetteville Town Center JPP COF-Town center, 15 W. Mountain St. f Report rld System Metrics V Project Location Project Name COF - Town Center Design City of Fayetteville- Fayetteville Town Center JPP Project Address 15 W. Mountain St. Prepared By J P Plumlee jplumlee@lightwavesolar.com rail Monthly Production 30k 20k >L 10k 0 Module DC 148.5 kW Nameplate Inverter AC 133.2kW Nameplate Load Ratio: 1.11 Annual 217.4 MWh Production Performance 86 2% Ratio kWh/kWp 1,463.9 Weather Dataset TMY, SPRINGFIELD REGIONAL ARPT, NSRDB (tmy3, 1) Simulator Version 8e8a737557-8c574f6450-f3f5464605- b7bOb7fOe1 0 Sources of System Loss Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec t Annual Production Description Output % Delta Annual Global Horizontal Irradiance 1,586.4 POA Irradiance 1,697.9 7.0% Irradiance Shaded Irradiance 1,685.8 -0.7%I (kWh/mz) Irradiance after Reflection 1,630.3 -3.3% Irradiance after Soiling 1,597.7 -2.0%I Total Collector Irradiance 1,597.7 0.0% Nameplate 237,292.6 Output at Irradiance Levels 235,823.2 -0.6% Output at Cell Temperature Derate 227,329.3 -3.6% Output After Mismatch 227,329.1 0.0% Energy Optimizer Output 224,146.1 -1.4% (kWh) Optimal DC Output 223,943.6 -0.1% Constrained DC Output 223,311.2 -0.3% Inverter Output 219,961.5 -1.5% Energy to Grid 217,384.9 -1.2% Temperature Metrics Avg. Operating Ambient Temp 16.5 °C Avg. Operating Cell Temp 25.1 °Cl Simulation Metrics Operating Hours 4623 Solved Hours 1 4623 AC System: 1.2% \ Shading: 0.7% Inv1.% Clipping:ng: 0. 0.3 %5 \ Reflection: 3.3% / Wiring: 0.1 % Optimizers: 1.4% Mismatch: 0.0% \ Soiling: 2.0% Temperature: 3.6% Irradiance: 0.6% • Condition Set Description Condition Set 3 JPP Weather Dataset TMY, SPRINGFIELD REGIONAL ARPT, NSRDB (tmy3, 1) Solar Angle Location Meteo Lat/Lng Transposition Model Perez Model Temperature Model Diffusion Model Rack Type Uconst Uwind Fixed Tilt 29 0 Temperature Model Parameters Flush Mount 15 0 East-West 29 0 Carport 29 0 J F M A M J J A S O N D Soiling (%) 2 2 2 2 2 2 2 2 2 2 2 2 Irradiation Variance 5% Cell Temperature 4° C Spread Module Binning Range -2.5% to 2.5% AC System Derate 2.00% Module Uploaded Characterization Module By Characterizations BVM6612M-4505-H-HC-BF Folsom Spec Sheet (Boviet Solar) Labs Characterization, PAN Component Device Uploaded By Characterization Characterizations Component Name Count Inverters SE66.6KU5 (SolarEdge) 2(133.2 AC Panels 2 input AC Panel 1 AC Home 6 AWG (Copper) 2 (419.8 ft) Runs AC Home 2/0 AWG (Aluminum) 1 (258.7 ft) Runs Strings 10 AWG (Copper) 12 (2,198.9ft) — Optimizers P505 NA (SolarEdge) 330 (166.7kW) Module Boviet Solar, BVM6612M-450S-H- 330 (148.5 HC-BF (450W) kW) ch Wiring Zones Description Wiring Zone Combiner Poles . 2 Field Segments Description Racking Orientation String Size Stringing Strategy 12-28 Along Racking Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 1 Fixed Tilt Landscape (Horizontal) 10o 181.50 1.6 ft 1x1 330 330 148.5 kW ® Detailed Layout - 1k. b # Energy Savings Performance Contract LED Lighting Building Automation Controls Water Conservation Animal Clinic Animal Shelter Bryce Davis Park& Restrooms Animal Shelter Development Services City Hall Animal Shelter Kennel Facilities Maintenance Management Office Development Services City Hall Happy Hollow Complex - Fleet/Transportation Gary Hampton Fire ARFF Station BAS Controls -Media Services/Television Center Gordon Long Park & Restrooms Fire Station2 Parks and Recreation Offices Happy Hollow Complex - Fleet/Transportation Fire Station3 Washington County District Court Lake Fayetteville Concessions Fire Station4 Yvonne Richardson Community Center Lake Sequoyah - Restroom Fire Stations Existing Police HQ Lewis Soccer Complex - Concessions/Restrooms Fire Station6 Mt. Sequoyah Greenhouse & Office Fire Station 7 Building Weatherization Police Headquarters Fire Station Storage (Crossover) Bryce Davis Park& Restrooms Recycling & Trash Complex Gary Hampton City Hall Senior Center Happy Hollow Complex Fleet/Transportation Development Services Traffic Shop - Parks Lake Fayetteville Marina Office (Exterior only) Gary Hampton Veterans Memorial Park - Restroom Lake Sequoyah Bait Shop Gordon Long Park & Restrooms Water & Sewer Office - S Industrial Dr Mt. Sequoyah Greenhouse & Office Happy Hollow Complex - Fleet/Transportation West Shop Existing Police HQ Lake Fayetteville Concessions White River Park- Concessions/Restroom Senior Center Lake Sequoyah - Restroom Wilson Park - Concessions Veterans Memorial Park Restroom Lewis Soccer Complex - Concessions/Restrooms Yvonne Richardson Community Center Walker Park & Splash Pad Mt. Sequoyah Greenhouse & Office Wilson Park Office / Shop Police Headquarters Rooftop Solar Yvonne Richardson Community Center Recycling & Trash Complex New Police HQ Senior Center Recycling & Trash Center HVAC Traffic Shop - Parks Town Center Animal Shelter Veterans Memorial Park- Restroom Fayetteville Public Library Animal Clinic ERV Replacement Water & Sewer Office - S Industrial Dr Development Services West Shop Facilities Maintenance Management Office White River Park - Concessions/Restroom Fire Station -1 Wilson Park - Concessions Fire Station - 7 Yvonne Richardson Community Center Happy Hollow Complex - Fleet/Transportation Media Services/Television Center Parks and Recreation Offices Senior Center Town Center Water & Sewer Office Yvonne Richardson Community Center CITY OF FAYETTEVILLE ARKANSAS Economic Impact: o Guaranteed 20yr Utility Savings: $3,622,835 o Total Term Projected Economic Savings to the City: $5,091,675 Environmental Impact: o Electricity Consumption Reduction: 29% o Electricity Demand Reduction: 7.1 % o Natural Gas Consumption reduction: 25% o Water Consumption Reduction: 10% o Total Energy Reduction: 27% o Avoided Electricity and Natural Gas consumption represents 1,405 metric tons of annual Co2 sequestration, equal to 1,663 acres of US forest, annually. *All data compares to a 2019 utility baseline. City of Fayetteville Johnson Controls Performance Contract Summary Savings come from: o Utilities —Electricity, Gas, & Water o Operations —Maintenance, Repairs, Emergency Replacements Improvements Across Fayetteville Facilities 0 1,681 LED Lighting Fixture Upgrades (Interior & Exterior) across 23 Facilites/Parks 0 45 HVAC Systems Replaced & Improved o Energy Management Control Systems Upgraded and installed across 11 facilities o Building Weatherization & Envelope Upgrades across 16 facilities (sealing/caulking windows, doors, weatherstripping, insulation, etc.) o Water conservation initiatives across 20 facilites (restroom hardware, kitchen equipment, HVAC mechanical equipment, irrigation, etc.) o 560.4 kW of roof mounted solar across 4 rooftop facilites Summary Benefits: o $5.39MM worth of City upgrades and improvements paid for thru energy savings o Provides long-term budget certainty around increasing operations & maintenance expenses o Provides long-term solution to impending capital equipment upgrades o Solar modules warrantied to produce energy/savings AFTER the project is paid off at year 20 (30-year energy output guarantee) Johnson 0)1(0 Controls 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 64-21 File Number: 2020-1000 RFQ 20-06 JOHNSON CONTROLS INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A PROJECT DEVELOPMENT AGREEMENT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $70,450.00 TO CONDUCT AN ENERGY AUDIT AND IDENTIFY POTENTIAL ENERGY AND COST SAVING MEASURES FOR CITY FACILITIES WHEREAS, on January 2, 2018, the city Council adopted an Energy Action Plan by Resolution 25-18 to build a policy, program, and project framework and initiate action for Fayetteville's efforts to be a resource and energy efficient community; and WHEREAS, Ark. Code Ann. § 14-164-801, et seq, provides the authority for cities to enter into guaranteed energy cost savings contracts in order to reduce energy consumption or operating costs of government facilities; and WHEREAS, the proposed Project Development Agreement will authorize Johnson Controls, Inc. to perform an energy audit and identify potential energy and cost savings measures that can be implemented by the City. 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 Project Development Agreement with Johnson Controls Inc., in the amount of $70,450.00 to conduct an energy audit and identify potential energy and cost savings measures that can be implemented in City facilities. Page 1 Printed on 2119121 Resolution. 64-21 File Number 2020-1000 PASSED and APPROVED on 2/18/2021 Attest: ``���rrrrrrrrr,, • AYE�EVLLE Kara Paxton, City Clerk Treasu r '. Page 2 Printed on 2119121 City of Fayetteville, Arkansas 113 West Mountain Street _ Fayetteville, AR 72701 (479) 575-8323 �i Text File File Number: 2020-1000 Agenda Date: 2/16/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.11 RFQ 20-06 JOHNSON CONTROLS INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A PROJECT DEVELOPMENT AGREEMENT WITH JOHNSON CONTROLS INC., PURSUANT TO RFQ 20-06, IN THE AMOUNT OF $70,450.00 TO CONDUCT AN ENERGY AUDIT AND IDENTIFY POTENTIAL ENERGY AND COST SAVING MEASURES FOR CITY FACILITIES WHEREAS, on January 2, 2018, the city Council adopted an Energy Action Plan by Resolution 25-18 to build a policy, program, and project framework and initiate action for Fayetteville's efforts to be a resource and energy efficient community; and WHEREAS, Ark. Code Ann. § 14-164-801, et seq, provides the authority for cities to enter into guaranteed energy cost savings contracts in order to reduce energy consumption or operating costs of government facilities; and WHEREAS, the proposed Project Development Agreement will authorize Johnson Controls, Inc. to perform an energy audit and identify potential energy and cost savings measures that can be implemented by the City. 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 Project Development Agreement with Johnson Controls Inc., in the amount of $70,450.00 to conduct an energy audit and identify potential energy and cost savings measures that can be implemented in City facilities. City of Fayetteville, Arkansas Page 1 Printed on 211812021 Peter Nierengarten Submitted By City of Fayetteville Staff Review Form 2020-1000 Legistar File ID 2/16/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/26/2021 SUSTAINABILITY/RESILIENCE (631) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the Project Development Agreement (PDA) with Johnson Controls Incorporated (JCI). This is the first step toward executing an Energy Savings Performance Contract designed to reduce energy consumption, reduce energy costs, and offset 100% of City government electricity use with clean power. PDA deliverables will cost $70,450.00. PDA costs can be paid outright or if the City elects to enter into an Implementation Agreement with JCI, costs can be transferred to total cost of the Implementation Agreement. 4470.140.8900-5 315.00 Account Number 15009.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Budget Impact: 4470 Fund Building Efficiency Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 185,000.00 $ 185,000.00 $ 70,450.00 $ 114,550.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 16, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Peter Nierengarten, Environmental Director Paul Becker, Chief Financial Officer FROM: Chris McNamara, Sustainability Project Manager DATE: January 26th, 2021 CITY COUNCIL MEMO SUBJECT: Project Development Agreement with Johnson Controls Incorporated. RECOMMENDATION: Staff recommends approval of the Project Development Agreement (PDA) with Johnson Controls Incorporated (JCI). This is the first step toward executing an Energy Savings Performance Contract designed to reduce energy consumption, reduce energy costs, and offset 100% of City government electricity use with clean power. PDA deliverables will cost $70,450.00. PDA costs can be paid outright or if the City elects to enter into an Implementation Agreement with JCI, costs can be transferred to total cost of the Implementation Agreement. BACKGROUND: On January 2, 2018, the City Council adopted an Energy Action Plan by Resolution 25-18. The Energy Action Plan was created to build a policy, program, and project framework and initiate action for Fayetteville's efforts to be a resource and energy efficient community. Included among the Energy Action Plan's high-level goals was a City government specific goal of utilizing 100% clean energy in City -owned facilities by 2030 and make all new and existing city -owned facilities and assets more energy efficient. Since 2012, City staff have managed multiple energy efficiency upgrades on City facilities including: HVAC upgrades, window replacement, low flow plumbing fixtures and LED lighting upgrades on City building, street lights and trail lights. In 2019 the City entered into a solar services agreement with Today's Power to build two 5MW solar arrays at our two Wastewater Treatment Plants. These projects brought the City's clean energy consumption from 16% to 72% of our total electricity and are projected to save the City $6 million over the 20-year life of the project. Looking to offset the last 28% of City electricity consumption with clean energy and to conduct more thorough facility energy efficiency assessments, staff identified the Energy Savings Performance Contract (ESPC) as the best pathway to meet these goals. Enabled by Act 1275 of the 90' State of Arkansas General Assembly, a guaranteed energy savings contract allows municipalities to enter into a contract in order to reduce energy consumption or operating costs Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of government facilities and mandates "the energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project." This allows local governments and agencies to finance energy conservation measures through the savings those projects generate. In addition, an ESPC guarantees that "if the annual energy or operating cost savings fail to meet or exceed the annual costs of the energy efficiency project as required by the guaranteed energy cost savings contract, the qualified provider shall reimburse the issuer for any shortfall of guaranteed energy cost savings over the term of the guaranteed energy cost savings contract." There are two steps to execute a guaranteed energy savings contract. First, the City must enter into a contract to complete facility energy audits which will review utility energy consumption, facility operations and mechanical equipment. These audits create a benchmark from which all future savings will be referenced, and identify the potential cost saving energy improvements for specific facilities. The City can then select which specific facility improvements it would like to implement. Signing the JCI Performance Contract Development Agreement will initiate this first step. Step two, the City must enter into a later contract to execute identified facility improvements and energy conservation measures. Common improvements include LED lighting retrofits, HVAC systems, building insulation, water conservation and solar energy generation. Another contract will be submitted to the City Council for review and agreement to initiate step two. The City can choose to complete an energy audit but not agree to any facility improvements or energy conservations measure but will need to pay for the audit when completed. If the City enters into a contract for facility improvements and conservation measures, then the energy audit costs may be wrapped into total the contract costs. In June 2020 the City announced a request for qualifications (RFQ 20-06) from all qualified energy service companies to execute a guaranteed energy savings contract. Four companies submitted responses and were reviewed by the selection committee. Johnson Controls Inc. (JCI) was awarded the selection. JCI has extensive experience with solar projects at airports across the country and brings a depth of technical expertise suited for enterprise -wide improvements like the City is proposing. City staff compiled an extensive list of City energy using assets and facilities. Large energy users were identified by reviewing a year of utility consumption data. Another round of assets were identified through interviews with department and facility managers. Assets in the list were then ranked into a three-tier system based upon energy consumption, costs, equipment upgrade potential and department needs. The list of assets to review for an energy audit include many departments and operations; hangers at the airport, administrative and community service buildings, emergency service and operations facilities, parking lots, parks, sport fields, restrooms, and street and traffic signal lighting. The complied facility list looks for many cost savings measures but also acts as a benchmark for data collection and reporting across a breadth of City owned or operated assets. Establishing this benchmark will help the City track and improve operations for many years to follow. Data collection, integrity and performance tracking are essential elements to addressing climate change through strategic actions. This energy audit will serve as a keystone for a decade of sustainability reporting in the City. 2 DISCUSSION: In order to enter into a guaranteed energy savings performance contract with Johnson Controls Inc. the City Council must approve the Project Development Agreement (PDA). The PDA outlines the scope of the project, the obligations of both parties, the financial metrics to be met, the intended outcomes and timeline for the project. Included in the development agreement as Attachment A is the List of Selected Facilities the City of Fayetteville identified for improvement measures. Scope of Services include development of facility improvement measures for facilities identified by the City, provision of information on available project financing and collection of 24 months of utility consumption data. Development Timeline identifies key milestones to advance the project that include signing the Project Development Agreement, completing an energy audit and providing firm costs for facility improvement measures, finalizing an implementation agreement and beginning implementation of engineering services. Project Development Agreement Deliverables include: a. A written description of each Facility Improvement Measure (FIM) proposed to be implemented; b. A financial pro forma cash flow documenting the proposed project. The pro forma will include applicable annual costs and savings that affect the project outcome such as financing, energy, water, sewer, and maintenance costs; C. A preliminary schedule for implementation of the project; d. A summary of the Measurement & Verification plan, including proposed IPMV protocols, such as Option A, B, C, or D that will be used for each FIM; e. A firm offer by JCI to implement the project with a positive to neutral cash flow, based on the project Determinants Project Determinants include success criteria that comply with Act 1275 as Enacted by the Arkansas General Assembly and a table of determinants that include utility rates and projected rate escalation trends, interest rates, City capital contributions, incentives or rebates and operational savings. The project determinants will be populated during execution of the Project Development Agreement and energy audit. Customer Priority FIMS provide a list of Facility Improvement Measures (FIMs) the City can select to create a project that meet City goals. FIMS include lighting upgrades, mechanical improvements, energy management control systems, water conservation, building envelope upgrades and other facility improvement measures, which include solar power generation. Records and Data detail City obligations to furnish utility consumption, building construction drawings, equipment performance records, maintenance and repair costs related to identified FIMs, operational requirements and relevant agreements. Project Cost and Payment Terms lists the costs associated with the executing the Project Development Agreement and Energy Audit. This cost is $70,450.00 and payment is required 60 days after JCI provides deliverables identified above. The City reserves the right to pay for the PDA and energy audit outright or enter into an Implementation Agreement for energy services identified the PDA deliverables. If the City enters into an Implementation Agreement, PDA costs will be transferred to the Implementation Agreement and be subject to the payment terms outlined in the Implementation Agreement. BUDGET/STAFF IMPACT: The cost of the Project Development Agreement is $70,450.00. PDA costs will be paid for using the Building Efficiency Improvement Fund or rolled into the total costs of an Implementation Agreement. After reviewing findings of the PDA and selecting Facility Improvement Measures, staff anticipate returning to City Council with a request to execute an Implementation Agreement with JCI. The City anticipates there will be staff time required to support data collection for the Performance Development Agreement. Staff requirements will largely be limited to the Sustainability & Facilities Management Departments. Attachments: Performance Contract Project Development Agreement - JCI Act 1275 of the 9011 State of Arkansas General Assembly 4 UVI.UolyI I CI Ivcluyc IU. V V I4l I V4-/ LUO-4r V/1'OCVV-V / C'V V'U I' I / Johnson '/��� Controls PROJECT DEVELOPMENT AGREEMENT BETWEEN City of Fayetteville, Arkansas Johnson Controls, Inc. 113 West Mountain Street AND 10600 Colonel Glenn Road, Suite 200 Fayetteville, AR 72701 Little Rock, AR 72204 The purpose of this Project Development Agreement (PDA) is to confirm the intent of Johnson Controls, Inc. (JCI) and the Customer named above to develop a performance contract. This agreement will provide the basis of the scope of the PDA, the obligations of both parties, the financial metrics to be met, the intended outcomes and timeline. 1. Scope of Services It is the Parties' mutual understanding this Project Development Agreement will: a. Provide for the development of Facility Improvement Measures (FIMs) at the Customer's facilities (Attachment A) that will fund themselves out of energy and/or operational savings; where possible assist the Customer by providing additional improvements to reduce a Customer's deferred maintenance backlog or desired facility improvement measures not affordable otherwise; b. Provide information on available financing options relative to Customer's project pro forma; c. Utilize the Customer's most recent 24 months of utility consumption data, generally covering the time period of 2018 through 2020. 2. Development Timeline It is the intent and commitment of all parties identified in this Agreement to work diligently, and cause others to work diligently under their direction to achieve the Milestone Schedule identified herein: • Signed Project Development Agreement (PDA) — March 2021 • JCI to complete Project Development, and provide firm costs — 120 days after signing PDA • Finalize Agreements and begin Implementation —180 days after signing PDA • Anticipated Completion and begin System Operation — 12 months after contract execution 3. Deliverables Upon completion of the project development, JCI shall deliver to the Customer: a. A written description of each FIM proposed to be implemented; b. A financial pro forma cash flow documenting the proposed project. The pro forma will include applicable annual costs and savings that affect the project outcome such as financing, energy, water, sewer, and maintenance costs; c. A preliminary schedule for implementation of the project; d. A summary of the Measurement & Verification plan, including proposed IPMV protocols, such as Option A, 6, C, or D that will be used for each FIM; This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely page 1 of 6 prohibited without the express written permission of Johnson Controls, Inc. © 2014 Johnson Controls, Inc. All rights reserved. u uk'uolyII CI I VCIUpr IV. Ju IYl1/UY-14L O-Mr Ur%-OGUU-UI CJJJ,IJ I J I Johnson Controls A firm offer by 1C1 to implement the project with a positive to neutral cash flow, based on the project Determinants indicated in Paragraph 4; 4. Project Determinants Success Criteria: • JCI shall develop a project in compliance with Act 1275 of 2015 as Enacted by the Arkansas General Assembly Regular Session. • JCI shall develop a project where the energy cost savings and operating cost savings to be realized over the term of the guaranteed energy cost savings contract meet or exceed the costs of the energy efficiency project with a maximum term of 20 years. • Project Determinants in the table below will be used by JCI and the Customer to determine the economic merit of the project, the values can change at any time throughout development as better information is made known. Each party has a duty to inform the other of changes to any of the values indicated in a timely manner that may affect the success of the project. Determinant Value Unit 1 Project Term 20 years 2 Interest rate TBD % per year 4 Customer capital contribution TBD $ per year 5 Electric escalation TBD % per year 6 Natural gas escalation TBD % per year 10 Electric demand TBD $/kw -month 11 Electric energy on -peak TBD $/kwh 12 Electric energy off-peak TBD $/kwh 13 Natural gas TBD $/mmbtu 14 Water TBD $/k-gal 15 Sewer TBD $/k-gal 16 Non -guaranteed incentives and rebates TBD $ one time 27 Capital Cost Avoidance TBD $ per year 21 Operational Savings TBD $ per year {Paragraph 5 Next Page} This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 2 of 6 prohibited without the express written permission of Johnson Controls, Inc. © 2014 Johnson Controls, Inc. All rights reserved. L/ul.0 JllylI GI I VCIuYC IL). JU I"MI uY-1 eU0-"Fu/1'0Cuu-ul GV:1JZ1U IV 1 I Johnson /$(Jo Controls S. Customer Priority FIMs JCI will provide some Facility Improvement Measures (FIMs) that are essential to creating a project that meets the Customer's financial buying criteria. Examples of such FIMs may include but not be limited to FIMs such as lighting modifications, water saving fixture modifications and control system modifications. Normally, in addition to those FIMs which are essential creating a project that provides a positive cash flow, JCI can include other FIMs that help the Customer to achieve certain other desired results, such as building improvements or implementing improvements from the Customer's deferred maintenance budget. Listed herein is a list of Customer Priority FIMs. JCI and the Customer acknowledge that JCI will provide as many of the Customer Priority FIMs listed as possible while still meeting the criteria listed in the Deliverables paragraph. The Customer acknowledges that the project may or may not include all of the Customer Priority FIMs listed. 1. Lighting Upgrades a. Interior & Exterior LED Conversions & Intelligent Lighting Upgrades (as possible) b. Interior & Exterior Lighting Controls c. Street Lighting: Provide electric rate review and comment on previous Electric Utility provided audit 2. Mechanical Improvements a. Upgrades to High -Efficiency HVAC equipment (including potential recently completed City HVAC upgrades) b. Retro-commissioning of select HVAC systems 3. Energy Management Control System 6. Records and Data 4. Water Conservation a. Domestic high efficiency plumbing upgrades 5. Building Envelope Upgrades a. Windows b. Roofs Insulation I Building Sealing & Weatherization 6. Other Facility Improvement Measures: a. Waste Management b. Renewable Energy Systems —Solar Thermal & Solar PV, Distributed Energy Storage c. Streetlights, Athletic Field Lighting, Pathway trail lighting, other special lighting During the project development, the Customer will use best efforts to furnish JCI upon its request, accurate and complete data concerning: 1. Most recent 24 months of utility consumption data, generally covering the time period of 2018 through 2020 (electricity, natural gas, waste management and water and sewer user) 2. Building construction drawings (architectural, mechanical, electrical, plumbing, structural) if available 3. Equipment performance data and equipment lists if available 4. Most recent 24 months of Maintenance and Repair budgets and invoices related to the FIMs; 5. Future projected heating/cooling loads; facility operating requirements; collective bargaining agreements; etc. JCI will provide a separate document with a formal request for the required information shortly after touring the Customer facilities. The Customer shall make every effort to provide that information within 10 days of request. This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 3 of 6 prohibited without the express written permission of Johnson Controls, Inc. C 2014 Johnson Controls, Inc. All rights reserved. UVVUJIIJ. 11 CI IvCIVpC IL . JV IYf1/ I U I I Johnson Controls 7. Preparation of Implementation Contract JCI will develop the framework of the subsequent Implementation Agreement and the Financing Agreement if applicable. JCI and Customer shall work diligently during the project development to complete and populate contract documents. The form of the documents will vary depending on Customer requirements, state statute where applicable and JCI requirements, but where prudent shall utilize JCI standard documents. 8. Project Development Cost and Payment Terms The price for JCI to provide project development services identified herein is $70,450.00 and Customer shall pay this amount to JCI within 60 days after JCI provides the Deliverables identified herein. However, Customer will have no obligation to pay this amount if: a. JCI and the Customer enter into the Implementation Agreement (outlined in Paragraph 7) within 60 days after JCI provides the Deliverables. In such case, costs for project development will be transferred to the total cost of the Implementation Agreement and be subject to the payment terms outlined in the Implementation Agreement; b. The project fails to meet the Project Determinants described in Paragraph 4; in which case the Customer is not obligated to pay JCI for the development services; Obligation to pay if JCI satisfies requirements - Customer shall pay the amount indicated if JCI satisfies the requirements set forth in Paragraph 3 "Deliverables" and the Customer elects not to implement a project with JCI. 9. Indemnity JCI and the Customer agree that JCI shall be responsible only to the extent that City's injury, loss, or damage was caused by the intentional misconduct or the negligent act or omission of JCI in providing the services required under this Agreement. JCI agrees to indemnify and to hold City, including its officers, agents, directors, and employees, harmless from all third party claims, demands, or suits of any kind, including all legal costs and attorney's fees, resulting from the intentional misconduct of JCI's employees or any negligent act or omission by JCI's employees or agents in providing the services required under this Agreement. Neither JCI nor the Customer will be responsible to the other for any special, indirect, or consequential damages. Nothing herein shall constitute a waiver of any of the Customer's statutory or common law immunity. 10. Disputes If a dispute arises under this Agreement, the parties shall promptly attempt in good faith to resolve the dispute by negotiation. All disputes not resolved by negotiation shall be resolved in the Circuit Court of Washington County, Arkansas or the closest U.S. District Court in or to Washington County, Arkansas, with Arkansas law applying to the case. 11. Confidentiality This agreement creates a confidential relationship between JCI and Customer. Both parties acknowledge that while performing this Agreement, each will have access to confidential information, including but not limited to systems, services or planned services, suppliers, data, financial information, computer software, processes, methods, knowledge, This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 4 of 6 prohibited without the express written permission of Johnson Controls, Inc. © 2014 Johnson Controls, Inc. All rights reserved. L/Ul.0 Jlljll CI I VCI UPC IL/. Ju IY/11 uY-I LLloWruP -OFUU-U/ CJJJZ7" I U I I Johnson '/�j�� Controls ideas, marketing promotions, current or planned activities, research, development, and other information relating to the other party ("Proprietary Information"). Except as authorized in writing, or as required by law, both parties agree to keep all Proprietary Information confidential. JCI may only make copies of Proprietary Information necessary for performing its services. Upon cessation of services, termination, or expiration of this Agreement, or upon either party's request, whichever is earlier, both parties will return all such information and all documents, data and other materials in their control that contain or relate to such Proprietary Information. JCI and Customer understand that this is a confidential project and agree to keep and maintain confidentiality to the extent permitted by law regarding its undertaking of this project. JCI shall coordinate its services only through the designated Customer representative and shall provide information regarding this project to only those persons approved by Customer. JCI will be notified in writing of any changes in the designated Customer representative. JCI agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such documents, JCI 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. 12. Miscellaneous Provisions This Agreement cannot be assigned by either party without the prior written consent of the other party. This Agreement is the entire Agreement between JCI and the Customer and supersedes any prior oral understandings, written agreements, proposals, or other communications between JCI and the Customer. Any change or modification to this Agreement will not be effective unless made in writing. This written instrument must specifically indicate that it is an amendment, change, or modification to this Agreement. This document represents the business intent of both parties and should be executed by the parties who would ultimately be signatory to a final agreement. JOHNSON CONTROLS, INC. CITY OF FAYETTEVILLE, AR By Justin surratt BY Lioneld Jordan stned by: Signature L-V�V,SUWA SiQJQ gn 71,14 I L � Title Area General Manager Title - Mayo��/ Date 1/26/2021 Date I �' This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 5 of 6 prohibited without the express written permission of Johnson Controls, Inc. © 2014 Johnson Controls, Inc. All rights reserved. L UI.UJIYII CI I VCIUPC IV. JU 1'f/1/ VY-/LVO-YFuP -o Cvu-uI F-Vjovu IV I I Johnson Controls ATTACHMENT -A • Attached Selected Facilities for Audit, as provided to JCI. Selected Facilities for Improvements Assets with, Cost I 1 AIIet_ Included witflout C-0;<s Roll Audi Airport T-Hangers Town Center Fire Marshall Offie & Fire Stations 1-7 City Hall Happy Hollow Complex Airport Terminal/Administration Water & Sewer Office Senior Center Police Headquarters 26 Park Restroom, Consession & Misc Buildings Arkansas Air Museum Recycling & Trash Complex Development Services Animal Shelter Complex Yvonne Rictardson Community Center Traffic Shop - Parks Facilities Maintenance Office West Shop Rangers Pantry Pet Food Bank Media Services/Television Center WWTP - Noland WWTP - West Side Compost Faclity T-Hanger A Yard Service Recycling Drop Off - Happy Hollow ing Drop Off - Mai for Ortc n Management Systems 16 Parking I-= Area Area (ft2) Sport Field Lighting or Irrigation Area (W) 120,090 Lake Fayetteville Softball N/A 83,000 Gary Hampton Softball N/A 55,485 Kessler Mountain Regional Park Ball Fk N/A 36,140 White River Park Baseball N/A 31,250 Lewis Soccer Complex N/A 28,500 Wilson Park Pool N/A 26,481 Wilson Park/Tennis Courts N/A 2-5,000 Walker Park Splash Pad N/A 24,555 Veterans Park N/A 2-3,709 Lighting Only Area (ft2) 21,372 150 Traffic Signal Area Light n= 19,230 11,588 Blair Library 11,075 Review Street Light Audit & Rates Area Ift2) 9,000 12,660 SVVEPCO coned Street Light-7 N/A 8,940 8,220 7,250 AEO Sq. Ft. 1GA Guidelines - Total Area 6,800 01-250,000 $ 0.20 5,116 4,700 250,000-500,000 5 0.1E 4,700 500,000+ $ 0.15 3,900 N/A "Lighting Onty" rate subject to ESCo 5 - N/A I TOTAL 673,398 1 This document contains trade secrets and proprietary information of Johnson Controls, Inc. Disclosure of this publication is absolutely Page 6 of 6 prohibited without the express written permission of Johnson Controls, Inc. © 2014 Johnson Controls, Inc. All rights reserved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Stricken language would be deleted from and underlined language would be added to present law. Act 1275 of the Regular Session State of Arkansas As Engrossed: S33124115 90th General Assembly A Bill Regular Session. 2015 SENATE BILL 869 By: Senator D. Johnson By: Representative Sabin For An Act To Be Entitled AN ACT TO PROVIDE ENABLING LEGISLATION FOR ENERGY EFFICIENCY PROJECT BONDS ISSUED BY A MUNICIPALITY OR COUNTY UNDER ARKANSAS CONSTITUTION, AMENDMENT 89; TO CREATE THE LOCAL GOVERNMENT ENERGY EFFICIENCY PROJECT BOND ACT; AND FOR OTHER PURPOSES. Subtitle TO PROVIDE ENABLING LEGISLATION FOR ENERGY EFFICIENCY PROJECT BONDS ISSUED BY A MUNICIPALITY OR COUNTY; AND TO CREATE THE LOCAL GOVERNMENT ENERGY EFFICIENCY PROJECT BOND ACT. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code Title 14, Chapter 164, is amended to add an additional subchapter to read as follows: Subchapter 8 — Local Government Energy Efficiency Project Bond Act 14-164-801. Title. This subchapter shall be known and may be cited as the "Local Government Energy Efficiency Project Bond Act". 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 14-164-802. Purpose — Legislative findings. 2 (a) The purpose of this subchapter is to provide financing for energy 3 efficiency projects for municipalities and counties under Arkansas 4 Constitution, Amendment 89. 5 (b) The General Assembly finds that: 6 (1) This subchapter is in furtherance of a public purpose; and 7 (2) The duties imposed upon and authority granted to 8 municipalities and counties in this subchapter are in furtherance of the 9 conservation of the environment, efficient government spending, and the 10 protection of the public health, welfare, and safety. 11 12 14-164-803. Definitions. 13 As used in this subchapter: 14 (1) "Bonds" means bonds, notes, certificates, financing leases, 15 or other interest -bearing instruments or evidences of indebtedness that are 16 issued under this subchapter; 17 (2) "Chief executive officer" means the chief executive officer 18 of a municipality or the county judge of a county; 19 (3) "County" means a county in the State of Arkansas; 20 (4) "Energy efficiency project" means: 21 (A) A new facility that is designed to reduce the 22 consumption of energy or natural resources or result in operating cost 23 savings as a result of changes that: 24 (i) Do not degrade the level of service or working 25 conditions; 26 (11) Are measurable and verifiable under the 27 International Performance Measurement and Verification Protocol, as adopted 28 by the Arkansas Energy Office in the rules required under § 19-11-1207; and 29 (iii) Are measured and verified by an audit 30 performed by an independent engineer or by a qualified provider, including 31 the vendor providing the energy efficiency project; or 32 (B) An existing facility alteration that is designed to 33 reduce the consumption of energy or natural resources or result in operating 34 cost savings as a result of changes that conform with subdivisions (4)(A)(i) 35 and (ii) of this section; 36 L1 "Guaranteed energy cost savings contract" means a contract 2 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 for the implementation of one (1) or more energy efficiency projects and 2 services provided by a qualified provider in which the energy and cost 3 savings achieved by the installed energy efficiency project cover all energy 4 efficiency project costs, including financing, over a specified contract 5 term; 6 (6) "Issuer" means a municipality or a county; 7 (7) "Legislative body" means the quorum court of a county or the 8 council, board of directors, board of commissioners, or similar elected 9 governing body of a city or town; 10 (8) "Municipality" means a city or incorporated town in the 11 State of Arkansas; 12 (9) "Operating cost savings" means expenses eliminated and 13 future replacement expenditures avoided as a result of new equipment 14 installed or services performed; 15 (10) "Ordinance" means an ordinance, resolution, or other 16 appropriate legislative enactment of a legislative body; and 17 (11) "Qualified provider" means the same as defined in § 19-11- 18 1202. 19 20 14-164-804. Energy efficiency projects authorized. 21 (a)(1) A municipality or county may enter into a guaranteed energy 22 cost savings contract in order to reduce energy consumption or operating 23 costs of government facilities under this subchapter. 24 (2) A municipality or county may enter into an installment 25 payment contract or lease purchase agreement with a qualified provider for 26 the purchase and installation of an energy efficiency project in accordance 27 with this subchapter. 28 (b) An energy efficiency project shall comply with current local, 29 state, and federal construction and environmental codes and regulations. 30 31 14-164-805. Method of solicitation. 32 A solicitation of a guaranteed energy cost savings contract by a county 33 or municipality shall be consistent with applicable procurement laws. 34 35 14-164-806. Evaluation of responses to solicitations. 36 (a) In a municipality's or county's evaluation of each qualified 3 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 provider's response to a solicitation under § 14-164-805, the municipality or 2 county shall include an analysis of: 3 (1) Whether the qualified provider meets the objectives of the 4 solicitation, including without limitation a reduction in the municipality's 5 or county's energy consumption or operating costs resulting from a guaranteed 6 energy cost savings contract with the qualified provider; 7 (2) The qualifications and experience of the qualified provider; 8 (3) The technical approach to the energy efficiency project; 9 (4) The financial aspects of the energy efficiency project; 10 (5) The overall benefit to the municipality or county; and 11 (6) Any other relevant factors. 12 (b) After evaluating a response to a solicitation as required under 13 subsection (a) of this section, a municipality or county may: 14 (1) Reject the response; or 15 (2) Award a contract to a qualified provider to conduct an 16 energy audit to be used in developing the guaranteed energy cost savings 17 contract. 18 19 14-164-807. Guaranteed energy cost savings contract requirements. 20 (a) The following provisions are required in a guaranteed energy cost 21 savings contract: 22 (1) A statement that the municipality or county shall maintain 23 and operate the energy efficiency project as defined in the guaranteed energy 24 cost savings contract: and 25 (2) A guarantee by the qualified provider that: 26 (A) The energy cost savings and operating cost savings to 27 be realized over the term of the guaranteed energy cost savings contract meet 28 or exceed the costs of the energy efficiency project; and 29 (B) If the annual energy or operating cost savings fail to 30 meet or exceed the annual costs of the energy efficiency project as required 31 by the guaranteed energy cost savings contract, the qualified provider shall 32 reimburse the municipality or county for any shortfall of guaranteed energy 33 cost savings over the term of the guaranteed energy cost savings contract. 34 (b) The maximum term for a guaranteed energy cost savings contract is 35 twenty (20) years after the implementation of the energy efficiency project. 36 (c) Before entering into a guaranteed energy cost savings contract, 4 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 the municipality or county shall require the qualified provider to file with 2 the municipality or county a payment and performance bond or similar 3 assurance. 4 5 14-164-808. Bonds — Issuance ,generally. 6 (a)(1) A municipality or county may issue bonds for an energy 7 efficiency project within, near, or within and near the municipality or 8 county. 9 (2) Bonds shall be issued pursuant to an ordinance adopted by 10 the legislative body specifying: 11 (A) The principal amount of bonds to be issued; 12 (B) The purpose or purposes for which the bonds are to be 13 issued: and 14 (C) Any other provisions deemed important with respect to 15 the bonds. 16 (b) A legislative body shall not adopt an ordinance regarding the 17 issuance of bonds unless the legislative body has determined that: 18 (1) All of the work on the energy efficiency project will be 19 performed by a qualified provider; and 20 (2) The qualified provider has provided a guarantee of the 21 operating cost savings to be realized from the energy efficiency project 22 that: 23 (A) The energy cost savings and operating cost savings to 24 be realized over the term of the guaranteed energy cost savings contract meet 25 or exceed the costs of the energy efficiency project; and 26 (B) If the annual energy or operating cost savings fail to 27 meet or exceed the annual costs of the energy efficiency project as required 28 by the guaranteed energy cost savings contract, the qualified provider shall 29 reimburse the issuer for any shortfall of guaranteed energy cost savings over 30 the term of the guaranteed energy cost savings contract. 31 (c) The maximum term of the bonds may not exceed the shorter of: 32 (1) The useful life of the energy efficiency project; or 33 (2) Twenty (20) years. 34 35 14-164-809. Bonds — Terms and conditions. 36 (a) As provided by an ordinance or trust indenture authorized under 5 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 this subchapter. bonds ma 2 (1) Be in registered or other form; 3 (2) Be in such denominations as determined by the legislative 4 body; 5 (3) Be exchangeable for bonds of another denomination; 6 (4) Be made payable at places within or without the state; 7 (5) Be issued in one (1) or more series; 8 (6) Bear the date or dates determined by the legislative body of 9 the issuer; 10 (7) Mature at the time or times determined by the legislative 11 bodv of the issuer: 12 (8) Be payable in such medium of payment determined by the 13 legislative body of the issuer; 14 (9) Be subject to the terms of redemption determined by the 15 legislative body of the issuer; and 16 (10) Contain other terms, covenants, and conditions determined 17 by the legislative body of the issuer, including without limitation terms, 18 covenants, and conditions pertaining to: 19 (A) The custody and application of the proceeds of the 20 bonds; 21 (B) The maintenance of various funds and reserves; 22 (C) The nature and extent of the pledge and security; 23 (D) The remedies on default; and 24 (E) The rights, duties, and obligations of the legislative 25 body of the issuer and the trustee, if any, for the owners of the bonds, and 26 the rights of the owners of the bonds. 27 (b) All bonds are negotiable instruments within the meaning of the 28 negotiable instruments law of the state. 29 30 14-164-810. Bonds — Trust indenture. 31 (a) The ordinance authorizing bonds may provide for the execution by 32 the chief executive officer of the issuer of a trust indenture that: 33 (1) Defines the rights of the owners of the bonds; and 34 (2) Provides for the appointment of a trustee for the owners of 35 the bonds. 36 (b) A trust indenture executed under this section may: 6 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 ►::.• 1 (1) Provide for the priority between and among successive 2 issues; and 3 (2) Contain one (1) or more of the provisions stated in § 14- 4 164-809 and any other terms, covenants, and conditions that are deemed 5 desirable. 6 7 14-164-811. Bonds — Sale. 8 (a) Bonds may be sold at a public or private sale for the price and in 9 the manner determined by the legislative body of the issuer. 10 (b) Bonds sold under this subchapter may be sold at a discount or a 11 premium. 12 13 14-164-812. Bonds — Execution. 14 Bonds shall be executed in the manner provided by the Registered Public 15 Obligations Act of Arkansas, § 19-9-401 et seq. 16 17 14-164-813. Bonds — Payment — Security. 18 (a) The principal of and interest on the bonds may be secured by a 19 pledge of the operating cost savings derived from the energy efficiency 20 project, and a municipality or county may pledge or assign a guaranteed 21 energy cost savings contract to secure the bonds. 22 (b) The total annual principal and interest payments in each fiscal 23 year on bonds shall be charged against and paid from general revenues, 24 special revenues, revenues derived from taxes, or any other revenues 25 available to the municipality or county if the special revenues, revenues 26 derived from taxes, or other revenues have not been previously restricted to 27 another purpose. 28 (c) Notwithstanding any law to the contrary, a municipality or county 29 may use money budgeted for maintenance and operations to pay the principal of 30 and interest on bonds issued for an energy efficiency project under this 31 subchapter. 32 (d)(1) Bonds are not revenue bonds for purposes of any statute. 33 (2) The legislative body is not required to hold a public 34 hearing on the issuance of the bonds. 35 7 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 14-164-814 Bonds — Energy efficiency project liens. 2 (a) An ordinance or trust indenture authorized under § 14-164-808 or -I 3 14-164-810 may impose a financing lien on an energy efficiency project 4 financed or refinanced, in whole or in part, with the proceeds of bonds. 5 (b) The nature and extent of a lien imposed under this section may be 6 controlled by the ordinance or trust indenture, including without limitation 7 provisions pertaining to: 8 (1) The release of all or part of the land, buildings, or 9 facilities from the lien; 10 (2) The priority of the lien in the event of successive bond 11 issues; and 12 (3) The authorization of any owner of bonds, or a trustee on 13 behalf of all owners, to enforce the lien and, by proper suit, compel the 14 performance of the duties of the officials of the issuer stated in this 15 subchapter or in the ordinance or trust indenture authorizing or securing the 16 bonds. 17 (c) As used in this section, "lien" includes a security interest in 18 any personal property constituting an energy efficiency project and any part 19 of an energy efficiency project financed or refinanced, in whole or in part, 20 with the proceeds of bonds issued under this subchapter. 21 22 14-164-815. Liability of legislative body's officers, employees, and 23 members. 24 An officer, employee, or member of the legislative body of an issuer 25 under this subchapter shall not be personally liable on bonds or for damages 26 sustained by a person in connection with a guaranteed energy cost savings 27 contract entered into to carry out the purposes and intent of this subchapter 28 unless the person has acted with a corrupt intent. 29 30 14-164-816. Tax exemption. 31 Bonds and the income on the bonds are exempt from all state, county, 32 and municipal taxes, including without limitation income, property, and 33 inheritance taxes. 34 35 14-164-817. Refunding bonds. 36 (a) Bonds may be issued to refund any outstanding bonds or to refund 8 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 any outstanding bonds issued under any other law for the purpose of financin 2 energy efficiency projects. 3 (b)(1) Refunding bonds may be sold for cash or delivered in exchange 4 for the outstanding obligations under subsection (a) of this section. 5 (2) If refunding bonds are sold for cash under subdivision 6 (b)(1) of this section, the proceeds may be applied to the payment of the 7 obligations refunded or deposited into an irrevocable trust for the 8 retirement of the refunding bonds either at maturity or on an authorized 9 redemption date. 10 (c) Refunding bonds shall in all respects be authorized, issued, and 11 secured in the manner provided in this subchapter. 12 (d) The ordinance under which refunding bonds are issued may provide 13 that any refunding bonds shall have the same priority of lien on revenues as 14 originally pledged for payment of the obligation refunded by the refunding 15 bonds. 16 17 14-164-818. Applicability. 18 This subchapter: 19 (1) Applies only to municipalities and counties; and 20 (2) Does not apply to the following governmental units: 21 (A) The state and any agency, board, commission, or 22 instrumentality of the state; 23 (B) A school district; or 24 (C) A special assessment or taxing district established 25 under the laws of the state. 26 27 14-164-819. Subchapter supplemental to other laws. 28 This subchapter is: 29 (1) Supplemental to other laws, and municipalities and counties 30 may use other applicable laws in the issuance of bonds and other obligations 31 under this subchapter; and 32 (2) Sufficient authority for the issuance of bonds and the 33 performance of all other acts and procedures authorized by this subchapter. 34 35 14-164-820. Construction. 36 This subchapter shall be construed liberally to effectuate the 9 03-07-2015 14:32:10 JLL333 As Engrossed: S3/24/15 SB869 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 legislative intent and the purposes of this subchapter as a complete and independent authority for the performance of the acts authorized under this subchapter, and the powers ,granted under this subchapter shall be broadly interpreted to effectuate the intent and purposes and shall not be interpreted as a limitation of powers. 14-164-821. Rules. A municipality or county may provide by ordinance that the municipality or county shall comply with the rules promulgated by the Arkansas Energy Office under § 19-11-1207. Is/D. Johnson APPROVED: 0410812015 10 03-07-2015 14:32:10 JLL333 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division SUSTAINABILITY/RESILIENCE (631) 2022 /Org2 Adjustment Number Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of an Energy Savings Performance Contract (RFQ 20-06) with Johnson Controls Inc. (JCI) in the amount of $4,448,399.00 and approval of budget adjustment. COUNCIL DATE: 8/1 6/2022 LEGISTAR FILE ID#: 2022-0718 Hovy 3lack� 712812022 11:13 AM Budget Director Date D - (City Council) TYPE: JOURNAL #: 8/16/2022 GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 7,229,472 7,229,472 v.20220718 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4470.631.8900-5804.00 1,805,104 - 15009 2022.1000 EX Building Costs 4470.631.8900-5804.00 407,082 - 15009 2022.1010 EX Building Costs 4470.631.8900-5804.00 603,542 - 15009 2022.1200 EX Building Costs 4470.631.8900-5804.00 436,167 - 15009 2022.1300 EX Building Costs 2100.410.5500-5804.00 104,676 - 15009 2022.2100 EX Building Costs 5400.720.1840-5804.00 577,379 - 15009 2022.5400 EX Building Costs 5500.750.5080-5804.00 432,204 - 15009 2022.5500 EX Building Costs 9700.770.1920-5804.00 82,245 15009 2022.9700 EX Building Costs 4470.631.8900-6602.92 - 224,732 15009 2022.1000 RE Transfer from Fund - Energy Block Grant 1 2240.800.9240-7602.47 224,732 - 09011 2201 EX Transfers To Funds - Capital Improvemen 2240.800.9240-4999.99 - 224,732 RE Use Fund Balance - Current 4470.140.8900-5315.00 (235,411) - 15009 1 EX Contract Services 4470.631.8900-6602.01 - 2,791,752 15009 2022.1000 RE Transfer from Fund - General 1010.090.6600-7602.47 2,791,752 - 57039 2201 EX Transfers To Funds - Capital Improvemen 1010.001.0001-4999.99 - 2,791,752 RE Use Fund Balance - Current 5500.750.5000-4999.99 - 432,204 RE Use Fund Balance - Current 5400.720.4000-4999.99 - 577,379 RE Use Fund Balance - Current 2100.410.4100-4999.99 - 104,676 RE Use Fund Balance - Current 9700.770.1910-4999.99 82,245 RE Use Fund Balance - Current H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0718 - BA Johnson Control Energy Improvements.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0719 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: 2. UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT: A RESOLUTION TO CONGRATULATE THE UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT FOR BEING SELECTED BY CBS SPORTS AS THE FIFTH BEST IN THE NATION WHEREAS, CBS Sports recently ranked the Arkansas Razorback Athletic Department as best in the Southeastern Conference and fifth best nationally; and WHEREAS, the University of Arkansas and its Razorbacks are outstanding contributors to the quality of life and economic health of Fayetteville and our citizens. 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 acknowledges and congratulates the University of Arkansas Athletic Department and all Razorbacks for being selected by CBS Sports as best in the Southeastern Conference and fifth best nationally. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Legistar ID No.: 2022- 0-7 l q AGENDA REQUEST FORM FOR: Council Meeting of August 16, 2022 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO CONGRATULATE THE UNIVERSITY OF ARKANSAS ATHLETIC DEPARTMENT FOR BEING SELECTED BY CBS SPORTS AS THE FIFTH BEST IN THE NATION APPROVED FOR AGENDA: -lam 2LOF,I � ewAl City Council Member D'AndreJones City Attorney K t Williams Approved as to form �F- 6 - zz Date J t J ( Zp Zz Date Williams, Kit From: D'Andre Jones <dre9l732000@gmail.com> Sent: Monday, August 08, 2022 4:30 PM To: Williams, Kit Subject: Re: Recognizing the Razorback Athletics Attachments: scan.pdf r;,.. UN. 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. Soundsgood Sent from my iPhone On Aug 8, 2022, at 4:06 PM, Williams, Kit <kwilliams@fayetteville-ar.gov> wrote: D'Andre, Attached is your proposed ordinance for your approval. Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Saturday, August 06, 2022 10:26 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: Recognizing the Razorback Athletics 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. Resolution for Mayor Jordan and the City Council to recognize the University of Arkansas Athletic Department and proclaim August 16`h as Razorback Athletics Day in the City of Fayetteville The University of Arkansas' remarkable athletics success continues to garner national recognition. The Razorbacks ranked first in the Southeastern Conference and fifth nationally in the recently released CBS Sports' Best in College Sports Rankings. Arkansas was the top performing athletics program in the SEC and one of three conference programs in the top 10 of the rankings. Razorback athletics has contributed to the quality of life for Fayetteville economically and entertainment annually. This Resolution for the City of Fayetteville to recognize the University of Arkansas Athletic Department as a contributing partner and helps make Fayetteville one of the best places to live and perhaps declare August 161h Razorback Athletics Day in Fayetteville. Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 "Everybody can be great ... because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love. Dr. Martin Luther King Jr. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0721 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: 3. RENAME ARCHIBALD YELL BOULEVARD TO NELSON HACKETT BOULEVARD: A RESOLUTION TO RENAME ARCHIBALD YELL BOULEVARD TO NELSON HACKETT BOULEVARD WHEREAS, the Black Heritage Preservation Commission has requested that the City Council rename Archibald Yell Boulevard to Nelson Hackett Boulevard to honor Mr. Hackett who as an enslaved person in Fayetteville in 1841 took a horse with saddle, a gold watch and beaver coat and fled to Canada, but was apprehended there on a charge of theft; and WHEREAS, abolitionists struggled to prevent Nelson Hackett's extradition to Fayetteville, but failed, and Mr. Hackett was returned to slavery in 1842, publicly whipped and sold to Texas slavers; and WHEREAS, Nelson Hackett's sad case caused the British Government to ensure such extraditions of enslaved person would not happen again in their Canadian territories. 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 renames Archibald Yell Boulevard to Nelson Hackett Boulevard. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Legistar ID No.: 2022- 0—/a, AGENDA REQUEST FORM FOR: Council Meeting of August 16, 2022 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO RENAME ARCHIBALD YELL BOULEVARD TO NELSON HACKETT BOULEVARD APPROVED FOR AGENDA: f Pr ,r}4,l,-jQCA �j 4fj"& City Council Member D'Andre Jones City Attorney Kit Williams Approved as to form L j -'j jrE u �z Date Date Williams, Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, August 09, 2022 11:28 AM To: Williams, Kit Subject: Re: FW: Nelson Hackett 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. All good On Tue, Aug 9, 2022 at 11:21 AM Williams, Kit <kwilliams@fayetteville-ar.gov> wrote: D'Andre, I need to remind you that you must approve these potential resolutions before I can place them into Legistar and get them on the Agenda. If you would like any changes, I will make them for you. Otherwise please confirm that you want these added to the agenda. Thanks, Kit From: Williams, Kit Sent: Friday, August 05, 2022 4:43 PM To: 'D'Andre Jones' <dre91732000 mail.com> Subject: RE: Nelson Hackett D'Andre, Since there are two actual requests, one of the historical market on the Square and the second for the renaming of Archibald Yell Boulevard, I drafted two Resolutions for your approval. They are attached here for your review and approval. Please let me know if any changes are needed. Have a good weekend, Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Friday, August 05, 2022 1:11 PM To: Paxton, Kara<icapaxton@favettevilie-ar.go_v>; Williams, Kit <kwilliams@favetteville-ar.Rov> Cc: Bostick, Britin <bbostick fa etteville-ar. ov> Subject: Fwd: Nelson Hackett 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. Hello Kit and Kara I would like to add this item to the agenda for the August 16th meeting!! Sent from my Phone The Black Heritage Preservation Commission was established by the Fayetteville City Council in 2021 to recognize, acknowledge, protect, and preserve historical Black structures and cemeteries in honor of the vision, accomplishment, and perseverance of Fayetteville's early Black families and individuals and the churches and other structures they built. Another purpose of this Commission is the creation of Black historical markers to recognize the struggles and achievements of our Black citizens to promote diversity and equality for all Fayetteville residents and to oppose discrimination against any person in Fayetteville. The Commission should research and investigate sites of important struggles and achievements of our Black residents and their supporters to promote diversity and equality and to oppose discrimination in Fayetteville. The Commission may recommend to the City Council that a Black historical marker memorializing such an important site be created and installed at such a location. In their meeting on July 21, 2022, the Black Heritage Preservation Commission voted to recommend two items to the City Council: • The first item is a historic marker in honor of Nelson Hackett, an enslaved man who was in Fayetteville around 1840. The marker language is proposed to read: "Nelson Hackett was an enslaved man whose escape to Canada and subsequent extradition set off an international dispute that ensured Canada remained a safe refuge for those escaping bondage from the United States. He labored near this spot as a personal servant to Alfred Wallace. Hackett fled Fayetteville in July 1841, leaving with a horse, saddle, beaver coat, and gold watch with chain. He traveled 360 miles across Missouri and another 600 miles through the free states before crossing into Canada in late August. Wallace tracked Hackett to the town of Chatham, Ontario, Canada (near Detroit), and had him arrested for stealing the horse and other goods. The Canadian colonial governor's decision to extradite Hackett back to Arkansas made Hackett's first fugitive from Canada return to slavery. In early summer 1842, a shackled Hackett arrived back in Fayetteville. He was publicly whipped on several occasions, serving as an example to other enslaved people, before being sold to Texas slavers. He then escaped again, and his fate remains unknown. Black and white abolitionists throughout the Atlantic world fought to prevent Hackett's extradition from setting a precedent. They secured a commitment from the British government, which still had many territories under colonial rule, to make extradition of those fleeing slavery nearly impossible." More information on Nelson Hackett is available online at https.-/Inelsonhackettproject.uark.edu/. The Commission's recommendation is for an 18" wide x 22" tall bronze, post -mounted marker with the possibility of other, more cost-effective options. This marker is recommended to be installed in the flower bed in front of the Bank of Fayetteville on the northwest corner of the Square, , being at the corner of S. Block Ave. and W. Center Streets. To fund the marker, the Commission is recommending an application for the whole of the cost of the marker for the Curtis H. Sykes Memorial Grant Program, which is administered by the Arkansas State Archives. More information is available about the Sykes Grant at htt s: www.arkansaslierita e.com arkansas- state-archiveslarkansas-state-archives-aboutlavailable- rants. The second item is the renaming of Archibald Yell Boulevard to Nelson Hackett Boulevard. The City of Fayetteville is currently undertaking street lane restriping and crossing improvements to Archibald Yell Blvd. More information is available online at htt s: www.fa etteville-ar. ov 3584 Archibald - Yell -Blvd -Safety -Improvements. Both a historic marker honoring Nelson Hackett and the renaming of Archibald Yell Blvd. have been topics of discussion for some months. The Black Heritage Preservation Commission received a presentation on the Nelson Hackett Project from Dr. Michael Pierce with the University of Arkansas in their meeting on March 17, 2022, and discussed a marker honoring Mr. Hackett in that meeting and in following meetings. After discussion and deliberation, as well as consideration of the marker text and different location and design options, the Commission moved forward with a recommendation at the July meeting. Following a staff presentation of the Archibald Yell Blvd. improvements to the City Council in May, the renaming of Archibald Yell Blvd. was placed on the Commission's agenda for discussion, and the recommendation was made at the July meeting. In discussion and in approving the motions to recommend the items to the City Council, the Commissioners noted that the renaming of Archibald Yell Blvd. has been on the minds of many community members for a while now. This is not about canceling or removing history but rather about acknowledging individuals that have not previously been acknowledged. They additionally noted the importance of sharing Nelson Hackett's story with the community, collaborating with other African American Heritage groups, and recognizing the historical context of Black Fayetteville so that a different type of history is being told. The Commission acknowledged this is a bold step in recognizing African American history, however long overdue. This proposed resolution is important because it shows Fayetteville's involvement in the slave trade, which is important to acknowledge in our history. By recognizing this history, Fayetteville would also be showing a commitment to inclusion. The Commissioners would like to request the community's support for these recommendations and a resolution from the City Council to enact these recommendations and hope to have community groups and individuals endorse the resolution presented to the City Council. Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 "Everybody can be great ... because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love. Dr. Martin Luther King Jr. Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 "Everybody can be great... because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love. Dr. Martin Luther King Jr. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0722 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: 4. NELSON HACKETT HISTORICAL MARKER: A RESOLUTION TO ALLOW THE INSTALLATION OF AN HISTORICAL MARKER IN HONOR OF NELSON HACKETT IN THE CITY FLOWER BED IN FRONT OF THE BANK OF FAYETTEVILLE WHEREAS, the Black Heritage Preservation Commission has voted to request the City Council to authorize a bronze historical marker measuring about 18 inches wide and 22 inches tall in the City flower garden in front of the Bank of Fayetteville on the Square to honor Nelson Hackett ; and WHEREAS, the historical marker's cost can probably be paid by the Curtis H. Sykes Memorial Grant Program. 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 the recommendation of the Black Heritage Commission to install a bronze (price permitting) historical marker honoring Nelson Hackett about 18 inches wide and 22 inches tall with the inscription shown within the quotation marks in Council Member Jones' email of August 5, 2022. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby joins with the Black Heritage Commission to apply to the Curtis H. Sykes Memorial Grant Program to fund the production of the historical marker and asks Mayor Jordan to provide for its installation in the flower garden in front of the Bank of Fayetteville on the City Square. City of Fayetteville, Arkansas Page 1 Printed on 811012022 Legistar ID No.: 2022- ©-V 9 - AGENDA REQUEST FORM FOR: Council Meeting of August 16, 2022 FROM: Council Member D'Andre Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO ALLOW THE INSTALLATION OF AN HISTORICAL MARKER IN HONOR OF NELSON HACKETT IN THE CITY FLOWER BED IN FRONT OF THE BANK OF FAYETTEVILLE APPROVED FOR AGENDA: 4r, ,, �, -e-04a,l City Council Member D'Andre Jones City Attorney Kit Williams Approved as to form vI V c y ZL Date �tJz�ufL S zuZZ_ Date Williams, Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, August 09, 2022 11:28 AM To: Williams, Kit Subject: Re: FW: Nelson Hackett 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. All good On Tue, Aug 9, 2022 at 11:21 AM Williams, Kit <kwilliams fa etteville-ar. ov> wrote: D'Andre, I need to remind you that you must approve these potential resolutions before I can place them into Legistar and get them on the Agenda. If you would like any changes, I will make them for you. Otherwise please confirm that you want these added to the agenda. Thanks, Kit From: Williams, Kit Sent: Friday, August 05, 2022 4:43 PM To:'D'Andre Jones' <dre91732000@gmail.com> Subject: RE: Nelson Hackett D'Andre, Since there are two actual requests, one of the historical market on the Square and the second for the renaming of Archibald Yell Boulevard, I drafted two Resolutions for your approval. They are attached here for your review and approval. Please let me know if any changes are needed. Have a good weekend, Kit From: D'Andre Jones <dre91732000@gmail.com> Sent: Friday, August 05, 2022 1:11 PM To: Paxton, Kara <kapaxton@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Bostick, Britin <bbostick@fayetteville-ar.gov> Subject: Fwd: Nelson Hackett 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. Hello Kit and Kara I would like to add this item to the agenda for the August 16th meeting!! Sent from my Whone The Black Heritage Preservation Commission was established by the Fayetteville City Council in 2021 to recognize, acknowledge, protect, and preserve historical Black structures and cemeteries in honor of the vision, accomplishment, and perseverance of Fayetteville's early Black families and individuals and the churches and other structures they built. Another purpose of this Commission is the creation of Black historical markers to recognize the struggles and achievements of our Black citizens to promote diversity and equality for all Fayetteville residents and to oppose discrimination against any person in Fayetteville. The Commission should research and investigate sites of important struggles and achievements of our Black residents and their supporters to promote diversity and equality and to oppose discrimination in Fayetteville. The Commission may recommend to the City Council that a Black historical marker memorializing such an important site be created and installed at such a location. In their meeting on July 21, 2022, the Black Heritage Preservation Commission voted to recommend two items to the City Council: • The first item is a historic marker in honor of Nelson Hackett, an enslaved man who was in Fayetteville around 1840. The marker language is proposed to read: "Nelson Hackett was an enslaved man whose escape to Canada and subsequent extradition set off an international dispute that ensured Canada remained a safe refuge for those escaping bondage from the United States. He labored near this spot as a personal servant to Alfred Wallace. Hackett fled Fayetteville in July 1841, leaving with a horse, saddle, beaver coat, and gold watch with chain. He traveled 360 miles across Missouri and another 600 miles through the free states before crossing into Canada in late August. Wallace tracked Hackett to the town of Chatham, Ontario, Canada (near Detroit), and had him arrested for stealing the horse and other goods. The Canadian colonial governor's decision to extradite Hackett back to Arkansas made Hackett's first fugitive from Canada return to slavery. In early summer 1842, a shackled Hackett arrived back in Fayetteville. He was publicly whipped on several occasions, serving as an example to other enslaved people, before being sold to Texas slavers. He then escaped again, and his fate remains unknown. Black and white abolitionists throughout the Atlantic world fought to prevent Hackett's extradition from setting a precedent. They secured a commitment from the British government, which still had many territories under colonial rule, to make extradition of those fleeing slavery nearly impossible." More information on Nelson Hackett is available online at htt s: nelsonhackettproject.uark.edu/. The Commission's recommendation is for an 18" wide x 22" tall bronze, post -mounted marker with the possibility of other, more cost-effective options. This marker is recommended to be installed in the flower bed in front of the Bank of Fayetteville on the northwest corner of the Square, , being at the corner of S. Block Ave. and W. Center Streets. To fund the marker, the Commission is recommending an application for the whole of the cost of the marker for the Curtis H. Sykes Memorial Grant Program, which is administered by the Arkansas State Archives. More information is available about the Sykes Grant at https://www.arkansasheritage.com/arkansas- state -archives arkansas-state-archives-about available- rants. The second item is the renaming of Archibald Yell Boulevard to Nelson Hackett Boulevard. The City of Fayetteville is currently undertaking street lane restriping and crossing improvements to Archibald Yell Blvd. More information is available online at htt�s:f Jwww.fayetteville-ar.gov/35g41Archibald- Yell-Blvd-Safet -Im rovements. Both a historic marker honoring Nelson Hackett and the renaming of Archibald Yell Blvd. have been topics of discussion for some months. The Black Heritage Preservation Commission received a presentation on the Nelson Hackett Project from Dr. Michael Pierce with the University of Arkansas in their meeting on March 17, 2022, and discussed a marker honoring Mr. Hackett in that meeting and in following meetings. After discussion and deliberation, as well as consideration of the marker text and different location and design options, the Commission moved forward with a recommendation at the July meeting. Following a staff presentation of the Archibald Yell Blvd. improvements to the City Council in May, the renaming of Archibald Yell Blvd. was placed on the Commission's agenda for discussion, and the recommendation was made at the July meeting. In discussion and in approving the motions to recommend the items to the City Council, the Commissioners noted that the renaming of Archibald Yell Blvd. has been on the minds of many community members for a while now. This is not about canceling or removing history but rather about acknowledging individuals that have not previously been acknowledged. They additionally noted the importance of sharing Nelson Hackett's story with the community, collaborating with other African American Heritage groups, and recognizing the historical context of Black Fayetteville so that a different type of history is being told. The Commission acknowledged this is a bold step in recognizing African American history, however long overdue. This proposed resolution is important because it shows Fayetteville's involvement in the slave trade, which is important to acknowledge in our history. By recognizing this history, Fayetteville would also be showing a commitment to inclusion. The Commissioners would like to request the community's support for these recommendations and a resolution from the City Council to enact these recommendations and hope to have community groups and individuals endorse the resolution presented to the City Council. Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 "Everybody can be great ... because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love. Dr. Martin Luther King Jr. Best Regards, D'Andre L. Jones - MSW, MA Fayetteville City Council Ward 1 Position 2 "Everybody can be great ... because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love. Dr. Martin Luther King Jr. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0724 Agenda Date: 8/16/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D.1 File Type: Report AGENDA SESSION PRESENTATION - TIME TO ACKNOWLEDGE A DIFFERENT HISTORY, COUNCIL MEMBER JONES AND DR. BANTON City of Fayetteville, Arkansas Page 1 Printed on 811012022