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2023-03-21 - Agendas - Final
City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, March 21, 2023 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Page 1 of 486 City Council Meeting Final Agenda March 21, 2023 ZOOM INFORMATION: 1. WEBINAR: 830 4376 0393 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/ WN BOQPNCQST4WGZEDLKNZVOW CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS 1. NOMINATING COMMITTEE REPORT (2023-577) PROPOSED AGENDA ADDITIONS A. CONSENT A.1. APPROVAL OF THE MARCH 7, 2023 CITY COUNCIL MEETING MINUTES (2022-316) A.2. TREE ESCROW PAYMENTS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $101,992.00 TO TRANSFER A TREE ESCROW BALANCE FOR THE PLANTING OF MITIGATION TREES IN VARIOUS LOCATIONS THROUGHOUT THE CITY OF FAYETTEVILLE (2023-438) A RESOLUTION TO AUTHORIZE THE PURCHASE OF A STREET SWEEPER/BROOM FROM G.W. VAN KEPPEL COMPANY FOR THE AMOUNT OF $66,877.00 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (2023-474) A.4. LEWIS FORD OF FAYETTEVILLE: /_\VX: to] &I]IIto] ►rto] _1w,:Ze1vial71aall 0s]SMF_ 4.1we] 0aWaa01V91kvi21.Ius] 12 6i City of'Fayetteville, Arkansas page 2 Page 2 of 486 City Council Meeting Final Agenda March 21, 2023 FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $191,058.00, PURSUANT TO A STATE PROCUREMENT CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-426) A.S. PETROLEUM TRADERS CORPORATION: A RESOLUTION TO AWARD BID #23-18 AND APPROVE A ONE YEAR CONTRACT WITH PETROLEUM TRADERS CORPORATION FOR BULK FUEL PURCHASES WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS (2023-495) A.6. DONATION REVENUE FROM FRIENDS OF YRCC: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,126.00 REPRESENTING DONATION REVENUE FROM FRIENDS OF YRCC TO FUND THE 2023 PROGRAMS OFFERED AT THE YVONNE RICHARDSON COMMUNITY CENTER (2023-501) A.7. RFP 22-11, RAY KLEIN, INC: A RESOLUTION TO AWARD RFP 22-11 AND AUTHORIZE A ONE YEAR CONTRACT WITH RAY KLEIN, INC. D/B/A PROFESSIONAL CREDIT SERVICE FOR ACCOUNT COLLECTION SERVICES WITH AUTOMATIC RENEWALS FOR UP TO FOUR (4) ADDITIONAL ONE YEAR TERMS (2023-510) A.B. SURFCO RESTORATION & CONSTRUCTION, LLC: A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH SURFCO RESTORATION AND CONSTRUCTION, LLC FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 PER MONTH (2023-481) A.9. AMENDMENT 3, HAWKINS WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $80,660.00 FOR ADDITIONAL SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION, AND TO APPROVE A BUDGET ADJUSTMENT- 2019 DRAINAGE BOND PROJECT (2023-497) A.10. CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH CROSSLAND HEAVY CONTRACTORS: A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., IN AN AMOUNT NOT TO EXCEED $38,950.00, PURSUANT TO RFQ 23-02, FOR THE LAKE FAYETTEVILLE SOFTBALL IMPROVEMENT PROJECT (2023-507) City of'Fayetteville, Arkansas page 3 Page 3 of 486 City Council Meeting Final Agenda March 21, 2023 A.11. 2023 JUSTICE ASSISTANCE GRANT (JAG) AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT AWARD IN THE AMOUNT OF $124,499.00 TO PROVIDE FUNDING FOR THE FOURTH JUDICIAL DISTRICT DRUG TASK FORCE (2023-435) A.12. FAYETTEVILLE ADVERTISING & PROMOTION COMMISSION: A RESOLUTION TO APPROVE A 10 YEAR LEASE AGREEMENT WITH THE FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION FOR THE TOWN CENTER AND TOWN CENTER PARKING DECK (2023-499) A.13. TITAN LAWN AND LANDSCAPE CONTRACT AMENDMENT: A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH TITAN LAWN AND LANDSCAPE, LLC IN AN ADDITIONAL AMOUNT NOT TO EXCEED $150,000.00 TO PROVIDE TRASH AND REMOVAL SERVICES FROM UNSANCTIONED CAMP SITES ON CITY PROPERTY ALONG THE TRAIL SYSTEM AND ADJACENT PROPERTIES AS NEEDED, AND TO APPROVE A BUDGET ADJUSTMENT. (2023-545) B. UNFINISHED BUSINESS B.1. RZN 23-002: (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-002 LOCATED SOUTHEAST OF NORTH GREGG AVENUE AND WEST ELM STREET IN WARD 2 FOR APPROXIMATELY 1.71 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2023-450) AT THE MARCH 7, 2023 CITY COUNCIL MEETING, THIS ORDINANCE WAS LEFT ON THE FIRST READING. C. NEW BUSINESS C.1. FAYETTEVILLE FIRE DEPARTMENT INCENTIVE PLAN: A RESOLUTION TO APPROVE THE FIRE DEPARTMENT INCENTIVE PLAN, AND TO APPROVE A BUDGET ADJUSTMENT (2023-503) C.2. RZN 23-003 (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2.24 ACRES FROM RMF-24, RESIDENTIAL City of'Fayetteville, Arkansas page 4 Page 4 of 486 City Council Meeting Final Agenda March 21, 2023 MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40, RESIDENTIAL MULTI- FAMILY, 40 UNITS PER ACRE (2023-500) C.3. RZN 23-004 (2910 N. OLD WIRE RD. / VAN SCYOC, 255): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-004 LOCATED AT 2910 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY 14.70 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURE TO R-A, RESIDENTIAL AGRICULTURE AND NC, NEIGHBORHOOD CONSERVATION (2023-502) D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.1. DEPARTMENT OF ECONOMIC VITALITY UPDATE - DEVIN HOWLAND (2023-407) D.2. UPDATE ON THE ARPA CHILDCARE PROGRAM - YOLANDA FIELDS (2023-536) =111111111581kV991611111►I:N1 110111:7 E.1. TOUR OF PROPERTIES THAT ARE SUBJECTS OF AGENDA ITEMS (2023- 450 AND 2023-502) DATE: MARCH 17TH, 2023 TIME: 4:00 PM (BEGINNING AT LEGACY VENTURES) - 4:30 PM TENTATIVELY (VAN SCYOC) ADDRESS: SOUTHEAST OF GREGG AND ELM (LEGACY VENTURES) - 2910 NORTH OLD WIRE ROAD (SCYOC) PARKING: PARKING VARIES BY LOCATION. REQUEST: REZONING REQUESTS FORWARDED FROM THE PLANNING COMMISSION. (2023-576) F. ANNOUNCEMENTS G. ADJOURNMENT NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the City of Fayetteville, Arkansas page 5 Page 5 of 486 City Council Meeting Final Agenda March 21, 2023 Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staffs 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. City of Fayetteville, Arkansas page 6 Page 6 of 486 City Council Meeting Final Agenda March 21, 2023 Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville- ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575- 8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas page 7 Page 7 of 486 Chair Sonia Harvey Council Member Ward 1 Position 1 Vice Chair Mike Wiederkehr Council Member Ward 2 Position 2 Nominating Committee Report March 21, 2023 Sarah Bunch Council Member Ward 3 Position 2 Teresa Turk Council Member Ward 4 Position 1 Council Members Present — Chair Sonia Harvey, Vice -Chair Mike Wiederkehr, Sarah Bunch and Teresa Turk. The Nominating Committee recommends the following candidates for appointment: BLACK HERITAGE PRESERVATION COMMISSION Veronica Huff— One Unexpired Member -at -Large Term Ending (12/31/25) Wendell Huggins — One Unexpired Member -at -Large Term Ending (12/31/25) CIVIL SERVICE COMMISSION Stanley Adelman — One Citizen -at -Large Term Ending (03/31/29) Warren McDonald — One Citizen -at -Large Term Ending (03/31/29) COMMUNITY DEVELOPMENT AND ASSISTANCE PROGRAMS ADVISORY BOARD Natasha Coleman — One Resident -at -Large Term Ending (12/31/26) Vacant — One Member Involved in Housing Services Term Ending (12/31/26) CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS Vacant — One Member -at -Large Term Ending (03/31/28) ENERGY IMPROVEMENT DISTRICT NO. 1 Vacant — One Unexpired Term Ending (12/31/24) FAYETTEVILLE ARTS COUNCIL Taylor Johnson — One Unexpired Working Artist Term Ending (06/30/23) FAYETTEVILLE PUBLIC LIBRARY Sallie Overbey — One Public -at -Large Term Ending (04/01/28) Bret Parks — One Public -at -Large Term Ending (04/01/28) HOUSING AUTHORITY BOARD OF COMMISSIONERS Debra Humphrey — One Unexpired Resident Representative Term Ending (12/28/23) Vacant — One Unexpired Public -at -Large Term Ending (12/28/26) PLANNING COMMISSION Jimm Garlock — One Citizen -at -Large Term Ending (03/31/26) Fred Gulley — One Citizen -at -Large Term Ending (03/31/26) Brad Payne — One Citizen -at -Large Term Ending (03/31/26) 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Page 8 of 486 PUBLIC FACILITIES BOARD Marlee Stark — One Unexpired Public -at -Large Term Ending (12/31/27) URBAN FORESTRY ADVISORY BOARD Vacant — One Unexpired Tree Service Community Representative Term Ending (12/31/24) TOWN AND GOWN ADVISORY COMMITTEE Brandon Gibbins — One Unexpired University of Arkansas Student Living Off Campus Term Ending (09/30/23) 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Page 9 of 486 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Ted Jack, Park Planning Superintendent Jessica Masters, Development Review Manager FROM: John Scott, Urban Forester Melissa Evans, Urban Forester DATE: SUBJECT: Recognize Tree Escrow Payments for the 2023 Urban Forestry Budget RECOMMENDATION: 2023-438 Urban Forestry recommends the recognition of $101,992.00 in tree escrow payments and interest received in the escrow — Tree Ordinance Account, which is to be used for tree planting projects at various locations throughout the City of Fayetteville, and approval of a budget adjustment. BACKGROUND: Our unified development code, chapter 167.04 J4 allows developers to pay into a tree escrow account as a last option for planting trees. From 2015 to 2020, staff collected no escrow funds, and developers planted the trees. In 2021, staff received funds from projects on Freshwater Lane, and off Old Wire Road. In 2022, Weddington Place subdivision, Stonebrook, and Crain Kia paid into the tree escrow fund instead of planting the required trees. DISCUSSION: The money collected into the tree escrow account was paid as a last resort for developers. These funds will help Urban Forestry plant trees throughout the City. BUDGET/STAFF IMPACT: $101,992.00 to be recognized and available in the escrow account. ATTACHMENTS: 2023-438 SRF Tree Escrow, 2023-438 BA Tree Escrow Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 10 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-438 Recognize Tree Escrow Payments for the 2023 Urban Forestry Budget A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $101,992.00 TO TRANSFER A TREE ESCROW BALANCE FOR THE PLANTING OF MITIGATION TREES IN VARIOUS LOCATIONS THROUGHOUT THE CITY OF FAYETTEVILLE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the total amount of $101,992.00 to transfer a balance of funds held in the tree escrow account for the planting of mitigation trees in various locations throughout the City of Fayetteville. Page 1 Page 11 of 486 City of Fayetteville Staff Review Form 2023-438 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item John Scott 2/24/2023 PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: Urban Forestry recommends the recognition of $101,992.00 in tree escrow payments and interest received in the escrow Tree Ordinance account, which is to be used for tree planting projects at various locations throughout the City of Fayetteville, and approval of a budget adjustment. 4470.520.8520-4409.04 Account Number 08001.1 Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Tree Escrow Fund Tree Escrow Project Title $ 26,235.00 26,235.00 $ 101,992.00 128,227.00 Previous Ordinance or Resolution # Approval Date: V20221130 Page 12 of 486 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division PARKS & RECREATION (520) Adjustment Number /Org2 2023 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget adjustment to recognize and allocate payments & interest received into the Escrow - Tree Ordinance GL Account (4470-2535.00), which is to be used for tree planting projects at various locations throughout the City of Fayetteville. Project spending activity related to the Escrow - Tree Ordinance is tracked in the Tree Escrow project (08001.1). RESOLUTION/ORDINANCE COUNCIL DATE: 3/21/2023 ITEM ID#: 2023-438 Noll y Black 212712023 S:07 ANI Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL Account Number 101,992 101,992 increase/ (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2023117 Account Name 4470.520.8520-4409.04 - 101,992 08001 1 RE Planning Fees - Tree Ordinance 4470.520.8520-5220.00 4470.520.8520-5806.00 60,942 - 50,996 - 08001 08001 1 EX 1 EX Landscape Materials Improvements - Park 4470.520.8520-5400.00 4470.520.8520-5415.00 (2,639) - (7,307) - 08001 08001 1 EX 1 EX Building & Grounds - Maintenance Maintenance - Landscape 1 of 1 Page 13 of 486 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: Purchase of one (1) Sweeper / Broom from The GW Van Keppel Co. RECOMMENDATION: 2023-474 COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) BROCE RCT350 SWEEPER / BROOM FOR A TOTAL PRICE OF $66,877 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM THE G.W. VAN KEPPAL COMPANY OFF STATE CONTRACT. BACKGROUND: Unit 88 is a 1998 Broce RJ350 Street Sweeper / Broom with 15/15 points. DISCUSSION: Fleet is able to purchase a 2023 Broce RCT350 Street Sweeper / Broom for $66,877. We currently own another Broce RJ350 Sweeper / Broom and would like to replace it with a like unit. One is available off the state contract and can be delivered in a timely manner. BUDGET/STAFF IMPACT: The purchase of this equipment has been sufficiently budgeted for within the project and the replacement costs for the old unit have been fully collected. Broce Broom / Sweeper was approved in the February 14th Equipment Committee. ATTACHMENTS: SRF-Broce Broom (5), Quote Broce Broom Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 14 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-474 Purchase of one (1) Sweeper / Broom from The GW Van Keppel Co. A RESOLUTION TO AUTHORIZE THE PURCHASE OF A STREET SWEEPER/BROOM FROM G.W. VAN KEPPEL COMPANY FOR THE AMOUNT OF $66,877.00 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL 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 authorizes the purchase of a Broce Street Sweeper/Broom from G.W. Van Keppel Company of Van Buren for the total amount of $66,877.00 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Page 1 Page 15 of 486 City of Fayetteville Staff Review Form 2023-474 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ross Jackson 2/27/2023 FLEET OPERATIONS (770) Submitted By Submitted Date Division / Department Action Recommendation: A RESOLUTION TO PURCHASE ONE (1) BROCE RCT350 SWEEPER / BROOM FOR A TOTAL PRICE OF $66,877 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM THE G.W. VAN KEPPAL COMPANY OFF STATE CONTRACT. 9700.770.1920-5802.00 Account Number 02080.2015 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Shop Fund Other Vehicles / Equipment Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 837, 346.00 $ 13,588.00 823,758.00 $ 66,877.00 756,881.00 Previous Ordinance or Resolution # Approval Date: V20221130 Page 16 of 486 2( THE G. W. VAN KEPPEL COMPANY MAMMa 6455 W. Independence Drive, Springfield, MO 65802 417-865-3550 Fax 417-865-1044 SINCE 9926 2.7.23 City of Fayetteville Arkansas Attn: Ross Jackson Fayetteville, AR 72701 Mr. Jackson, The GW Van Keppel Company is pleased to present the following for your review. Pursuant to State of Arkansas Bid and Subsequent Award H-22-306R allows for any Tax Supported entity in the State of Arkansas to buy pursuant to this Bid Dated 6/7/22 for a period of 1 year. With that in Mind below are the Same Specifications that the State of Arkansas Purchases. NEW 2023 BROCE RCT350 BROOM (to include the following options) - CUMMINS 74HP DIESEL ENGINE TIER IV - 8 FT POLY TUBE BRUSH (96" BRUSH SURFACE) - EXTENSION AIR STACK - SUSPENSION SEAT - 150 GAL WATER SPRINKLER SYSTEM W/LOW PROFILE POLY TANK (BLACK) - HEATER & DEFROSTER SYSTEM - PRESSURIZED AIR CONDITIONER-HEPA FILTRATION - LIGHT GROUP -LED - WINDSHIELD WASHER (FRONT AND REAR) - WEST COAST MIRRORS - SOUND SUPPRESSED CAB (2 DOORS) W/FRONT WIPER - CERTIFIED ROLL-OVER PROTECTION STRUCTURE - 8' STEEL CORE WITH 10"X32" POLY WAFER FILLER - FULL GAUGE PACKAGE WITH TACH & HOUR METER - POWER STEERING & TRAFFIC HORN - BRAKES- FOUR WHEEL HYDRAULIC SELF ADJUSTING ON REAR AND DISC ON FRONT - RADIAL TIRES - HYDROSTATIC TRANSMISSION - DUAL ELEMENT AIR CLEANER/ENGINAIRE PRECLEANER -112DBA REVERSE ALARM - JOY STICK CONTROL - ENCLOSED ENGINE COVER - FRONT AND REAR FENDERS Sale Price $66,877.00 Each (plus any applicable taxes) FOB Fayetteville, AR. Additional Option Available: Front Dozer Blade $3,995.00 additional THE G W VAN KEPPEL COMPANY BUD EARP TERRITORY MANAGER QUOTE COMPLETED BY MATT PETTIT ROAD GROUP MANAGER Page 17 of 486 Page 18 of 486 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: Purchase of five (5) vehicles from Lewis Ford RECOMMENDATION: CITY COUNCIL MEMO 2023-426 Council approves the purchase of five (5) vehicles for the state contract total price of $191,058.00 from Lewis Ford of Fayetteville, AR and to approve a budget adjustment. BACKGROUND: Unit 2160 is a 2013 Ford F250 with 13.2/15 points. Unit 2152 is a 2012 Chevy Colorado with 13.7/15 points. Unit 2165 is a 2013 F150 with 15/15 points. There were also two expansion vehicles approved for 2023, a SUV for Animal Services and a truck for Parks Maintenance. DISCUSSION: Fleet is able to purchase a Ford Escape for $29,296, Ford Explorer for $34,231, Ford Ranger for $29,737, and two Ford F250's for $48,897 each. All of these are state contract prices, for a total of $191,058.00. BUDGET/STAFF IMPACT: The three replacement units all have sufficient funds budgeted and collected for these replacement vehicles. Due to increases in industry prices, there was not enough budgeted for the expansion units. A Budget Adjustment is being presented to council for this increase. These purchases were approved at the February 14, 2023 Equipment Committee. ATTACHMENTS: SRF-Lewis Ford, 2023-426 BA Fleet PRKS_F080, Item #40 Ford Escape, Item #44 Ford Explorer, Item #6 Ford Ranger, Item #20 Ford F250 Crew Cab Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 19 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-426 Purchase of five (5) vehicles from Lewis Ford A RESOLUTION TO APPROVE THE PURCHASE OF FIVE FORD VEHICLES FROM LEWIS FORD OF FAYETTEVILLE IN THE TOTAL AMOUNT OF $191,058.00, PURSUANT TO A STATE PROCUREMENT CONTRACT, 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 approves the purchase of a Ford Escape, Ford Explorer, Ford Ranger and two Ford F250 trucks from Lewis Ford of Fayetteville in the total amount of $191,058.00, pursuant to a state procurement contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 20 of 486 City of Fayetteville Staff Review Form 2023-426 Item ID 3/21/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Ross Jackson 2/27/2023 FLEET OPERATIONS (770) Submitted By Submitted Date Division / Department Action Recommendation: A RESOLUTION TO APPROVE THE PURCHASE OF FIVE(5) VEHICLES FOR THE STATE CONTRACTTOTAL PRICE OF $191,058.00 FROM LEWIS FORD OF FAYETTEVILLE, AR AND TO APPROVE A BUDGET ADJUSTMENT. 9700.770.1920-5802.00 Account Number 02078.2023 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Budget Impact: Shop Fund Light/Medium Trucks Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,141, 310.00 $ 339,813.09 801,496.91 $ 191,058.00 $ 4,000.00 614,438.91 V20221130 Previous Ordinance or Resolution # Approval Date: Comments: The "item cost" and "current budget" boxes have been left blank because these items will vary depending upon the Fleet Department's fluctuating needs based on the requirements of that vehicle. Page 21 of 486 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FLEET OPERATIONS (770) /Org2 2023 Requestor: Ross Jackson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Project 02078 is in need of additional budget to purchase expansion PRKS_F080/unit # 2284. Project 02082 has ample funds to cover this shortage that is not tied to any vehicle and will not affect any future purchases. COUNCIL DATE: 3/7/2023 ITEM ID#: 2023-426 Noll y Black 212712023 3:70 P/71 Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.2023117 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1920-5802.00 (4,000) - 02082 2023 EX Vehicles & Equipment - base 9700.770.1920-5802.00 4,000 - 02078 2023 EX Vehicles & Equipment - base 1 of 1 Page 22 of 486 Vehicle Specifications & Pricing Dealer Name: SMART FORD MALVERN TYPE VHB 10128187 Vehicle Make/Model: 2023 Ford Escape 5 passenger Small Sport Utility Model Code: U9F Vehicle as classified in the latest City MPG Estimate: 26 MPG EPA Fuel Economy Guide, 4WD Highway MPG Estimate: 31 MPG CO-OP Purchasing One Way Delivery Charge Per Mile: $3.85 Back to Table of Contents VEHICLE BID PRICE: $29,296.00 Body & Chassis Base Vehicle Minimum Requirements Enter Vehicle Specification and Manufacturer Codes (Fill-in Unshaded Blanks Only) Sub -Compact or Compact Utility Vehicle 5 Passenger . . . . . . . . . . . . . . . . . . . . . Interior Volume EPA interior volume equal to or less than 135 cubic feet Engine Engine Size 150hp - List HP, Liters & Cylinders 181 HP 4 CYL Fuel Type Gasoline Transmission/Drivetrain Automatic Transmission Automatic or CVT - List Type, Speeds etc. 8 SPEED AUTOMATIC 4x4 or AW D 4x4 or AW D Hubs Automatic Locking if 4x4 List Type AWD Stability Control Stability Control System Differential Type/Ratio Mfg.Std. - List Ratio & Type STD. Electrical Alternator Mfg. Std. Battery Mfg. Std. Fuel Tank Fuel Capacity (Gals) Mfg. Std. - List Amount in Gallons 14.79 GALS Exterior Paint One Color Paint Bumpers Mfg.Std Front & Rear License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer & Multi -Speed Wipers Doors & Mirrors Doors 4-Door Mirrors Two Outside, Right & Left, One inside Interior Air Conditioning AC Factory Installed Radio Audio system with AM/FM Stereo Cruise Cruise Control, Factory Installed Tilt Steering Tilt Steering Wheel Steering Power Steering . . . . . . . . . . . . . . . . . . . . . Windows Mfg. Standard Power Windows & Door Locks Power Windows & Door Locks Tinted Glass Mfg. Std. Tint on All Windows Floor Mats Front & Rear, Color to Match Interior Seats Seats Mfg. Std., Colors Must Blend With Interior & Exterior Color Safety Brakes Anti -Lock Brake System (ABS) - List Disc/Drums 4 DISC ABS Restraint System All Pass Required Page ZJ OT 4010 Dealer Name: SMART FORD MALVERN Air Bags, Front, Both Sides Required Tires & Wheels Tires & Wheels Mfg. Std. - List Size 225/65R17 Spare Mfg. Std. - List Type STD. Warranty Bumper to Bumper Warranty 3 Years or 36,000 miles, whichever comes first Drive Train Warranty List Warranty 5YR OR 60,000 MILES Page 24 of 486 Vehicle Specifications & Pricing Dealer Name: SMART FORD MALVERN TYPE VIB 10128191 Vehicle Make/Model: 4WD, 7 Passenger Standard Sport Utility Vehicle as classified Model Code: in the latest EPA Fuel Economy City MPG Estimate: Guide Highway MPG Estimate: CO-OP Purchasing One Way Delivery Charge Per Mile: Back to Table of Contents VEHICLE BID PRICE: 2023 FORD EXPLORER K8B 20 MPG 27 MPG $3.85 $34,231.00 Body & Chassis Base Vehicle Minimum Requirements Enter Vehicle Specification and Manufacturer Codes (Fill-in Unshaded Blanks Only) Standard Sport Utility Vehicle 7 Passenger Wheelbase Minimum 112 inches Engine Engine Size 290 hp - List HP, Liters & Cylinders 300 HP 2.3L 1-4 Fuel Type Gasoline Transmission/Drivetrain Automatic Transmission Automatic or CVT - List Type, Speeds etc. 10 SPEED AUTOMATIC 4x4 or AW D 4x4 or AW D Hubs Automatic Locking If 4x4 Stability Control Stability Control System Differential Type/Ratio Mfg.Std. - List Ratio & Type 3.5 4-WHEEL DRIVE Electrical Alternator Mfg. Std. Battery Mfg. Std. Fuel Tank Fuel Capacity (Gals) Mfg. Std. - List Amount in Gallons 17 GAL Exterior Paint One Color Paint Bumpers Mfg.Std Front & Rear License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer & Multi -Speed Wipers Doors & Mirrors Doors 4-Door Mirrors Two Outside, Right & Left, One inside Interior Air Conditioning AC Factory Installed Radio Audio system with AM/FM Stereo Cruise Cruise Control, Factory Installed Tilt Steering Tilt Steering Wheel Steering Power Steering Windows Mfg. Standard Power Windows & Door Locks Power Windows & Door Locks Tinted Glass Mfg. Std. Tint on All Windows Floor Mats Front & Rear, Color to Match Interior Seats Seats Mfg. Std., Colors Must Blend With Interior & Exterior Color Safety Brakes Anti -Lock Brake System (ABS) - List Disc/Drums 4 WHEEL DISC ABS Page 25 of 486 Dealer Name: SMART FORD MALVERN Restraint System All Pass Required Air Bags, Front, Both Sides Required Tires & Wheels Tires & Wheels Mfg. Std. - List Size P255 / 65R 18 A/S Spare Mfg. Std. - List Type COMPACT Warranty Bumper to Bumper Warranty 3 Years or 36,000 miles, whichever comes first Drive Train Warranty 1 List Warranty 5 YR OR 60,000 MILES Page 26 of 486 Vehicle Specifications & Pricing Dealer Name: SMART FORD MALVERN TYPE PAB 10011620 Vehicle Make/Model 2023 Ford Ranger Small Pickup Extended Cab Model Code: R1 E 2 Wheel Drive City MPG Estimate 21 MPG Highway MPG Estimate 26 MPG CO-OP Purchasing One Way Delivery Charge Per Mile $3.85 Total with Back to Table of Contents VEHICLE BID PRICE $27,082.00 Optivilb t'9a 7'17 nn Body & Chassis Base Vehicle Minimum Requirements Enter Vehicle Specification and Manufacturer Codes (Fill-in Unshaded Blanks Only) Extended Cab Pickup Truck EPA Classified as Small Pickup Truck Gross Vehicle Weight Rating 4500 lbs. Wheelbase/CA Mfg. Std. - List Size 126.8 WB Bed Short Bed Engine Engine Size 250hp - List HP, Liters & Cylinders 370HP 4 CYL Fuel Type Gasoline Transmission .. .. .. .. Automatic/CVT Transmission Automatic or CVT - List Type, Speeds etc. 10 SPEED AUTOMATIC Drive Axle Primary Drive Axle Mfg. Std.- List Axle Ratio 3.73 Differential Type/Ratio Mfg.Std. - List Ratio & Type RWD Electrical Alternator Mfg. Std. Battery Mfg. Std. Fuel Tank . . . . . . . . . . . . . . . . . . . Fuel Capacity (Gals) Mfg. Std. - List Amount in Gallons 17.99 GAL Exterior Paint One Color Paint . . . . . . . . . . . . . . . . . . . Bumpers Mfg.Std Front, Step -Type Rear License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer & Multi -Speed Wipers Doors & Mirrors .. .. .. Doors 4 Doors Mirrors Two Outside, Right & Left. One Interior Interior Air Conditioning AC Factory Installed ` Radio Audio System with AM/FM Stereo Tilt Steering Tilt Steering Wheel Steering Power Steering Tinted Glass Mfg. Std. Gauges/Indicators Mfg. Std. - List Gauges and Indicators FUEL -OIL -ENGINE TEMP.- ETC. Seats Seats Mfg. Std., Colors Must Blend With Interior & Exterior Color Safety Brakes Anti -Lock Brake System (ABS) - List Disc/Drums 4 WHEEL DISC. ABS Restraint System All Pass Required Air Bags, Front, Both Sides Required Tires & Wheels Tires & Wheels Mfg. Std. - List Size 225/70R16 A/S Page 27 of 486 Vehicle Specifications & Pricing Spare Mfg. Std. - List Size (Full or Space Saver) FULL SIZE SPARE Warranty Bumper to Bumper Warranty 3 Years or 36,000 miles, whichever comes first Drive Train Warranty List Warranty 5 YR OR 60,000 MILES Page 28 of 486 VEHICLE OPTIONS Dealer Name: SMART FORD MALVERN TYPE PAB Small Pickup Ext. Cab 2 Wheel Drive Back to Table of Contents 2023 Ford Ranger Body & Chassis Code Option Minimum Requirement Enter Optional Equip. Desc. & Mfg. Option Codes Price Bed QH Long Bed N/A $0.00 Engine Gasoline Engine Upgrade CC List Horsepower, Liters & Cylinders N/A $0.00 Flex Fuel FFV Add Flex Fuel N/A $0.00 Engine Block Heater HB Add Block Heater 41 H $135.00 Transmission/Drivetrain 4X4 AO Add 4X4 With Auto Locking Hubs R1F $4,055.32 Skid Plate KO Add Skid Plate N/A $0.00 Limited Slip Differential LS Limited Slip Differential X73 $520.00 Electrical Daytime Running Lights DL Add Daytime Running Lights STD. $0.00 Doors & Windows Deep Tinted Windows TG Add Deep Tinted Glass N/A $0.00 Power Windows & Door Locks XX Power Windows & Door Locks 67F $555.00 Keyless Entry KE Keyless Entry STD W/67F $0.00 Interior Radio Upgrade RU Premium Audio System with AM/FM Stereo & MP3 Capability 58E $985.00 Cruise PO Cruise Control, Factory Installed 52B $375.00 Cloth Seats CS Cloth Seats QH $225.00 Vinyl Floor VF Rubber/Vinyl Flooring STD. $0.00 Backup Camera BR Backup Camera STD. $0.00 Backup Sensor BS Backup Sensor N/A $0.00 Tires & Wheels All Terrain Tires AT All Terrain Tires N/A STD. W-4X4 R1 F PKG. $0.00 Spare WL Mounted Full Size Spare STD. $0.00 Towing Towing XO Towing Package Including: Hitch, Wiring Harness, Upgraded Radiator, Transmission Oil Cooler 53R $595.00 Electric Brake Controller BC Add Electric Brake Controller N/A $0.00 Towing Differential BO Differential for Extra Towing Capability X73 $520.00 Page 29 of 486 Vehicle Specifications & Pricing Dealer Name: SMART FORD MALVERN TYPE PED 10111950 Vehicle Make/Model: 2023 FORD F-250 3/4 Ton Crew Cab Model Code: W213 4X4 Wheel Drive City MPG Estimate: N/A Highway MPG Estimate: N/A With Ontoons CO-OP Purchasing One Way Delivery Charge Per Mile: $4.25 $48,897.00 Back to Table of Contents VEHICLE BID PRICE: $45,392.00 Body & Chassis Base Vehicle Minimum Enter Vehicle Specification and Manufacturer _ Requirements Codes (Fill-in Unshaded Blanks Only) Crew Cab Pickup Truck Crew Cab Gross Vehicle Weight Rating 8,500 lbs. 3/4 Ton 3/4 Ton Pickup Wheelbase/CA Mfg. Std. - List Size 176 W/B Bed Long Wide Bed Engin : _ 91- Engine Size 350hp - List HP, Liters & Cylinders 385 HP V-8 Fuel Type Gasoline Transmission/Drivetrai - - Autorriatic Transmission Automatic - List Type, Speeds etc. 6-SPEED AUTOMATIC 4X4 4X4 with Auto Locking Hubs Differential Type/Ratio Mfg.Std. - List Ratio & Type RWD 3.73 REG. AXLE Electrical Alternator Mfg- Std. Battery Mfg Std Fuel Tank Fuel Capacity (Gals) Mfg Std - List Amount in Gallons 34 GAL. Exterior Paint One Color Paint Bumpers Mfg.Std Front, Step -Type Rear License Plate Brackets Front and Rear Brackets Windshield Washer Windshield Washer & Multi -Speed Wipers rror Doors 4 Full Doors Mirrors Two Outside, Right & Left. One Interior Air Conditioning AC Factory Installed Radio Audio System with AM/FM Stereo Tilt Steering Tilt Steering Wheel Steering Power Steering Tinted Glass Mfg. Std. Gauges/Indicators Mfg- Std. List Gauges/Indicators _ FUEL -OIL -TEMP -ETC. Seats Mfg. Std., Colors Must Blend With Interior & Seats Exterior Color Brakes Anti -Lock Brake System (ABS) - List Disc/Drums 4-WHEEL DISC ABS Restraint System All Pass Required Air Bags, Front. Both Sides Required Page 30 of 486 Vehicle Specifications & Pricine Page 31 of 486 ITEM F TYPE PED 3/4 Ton Crew Cab 4X4 Wheel Drive Back to Table of Contents Code VEHICLE OPTIONS Option Minimum Requirement Dealer Name: 2023 FORD F-250 Enter Optional Equip. Desc. SMART FORD MALVERN W213 Price Body & Chassis & Mfg. Option Codes Bed pH Short Bed (deduct) 160" WIB $125.00 Engine Gasoline Engine Upgrade CC List Horsepower, Liters & Cylinders 7.3L V-8 430HP $2,585.00 Flex Fuel FFV Add Flex Fuel STD 6 2L $0.00 Engine Block Heater HB Add Block Heater 41 H $145.00 Diesel Engine CA .350 hp Diesel Engine Factory Installed 99T X3J-3.55L/S $10,995.00 Bio Diesel BD :350 hp Bio Diesel with OEM Warranty STD DIESEL ONLY $0.00 PTO PTO Power Take Off 62R DIESEL ONLY $336.00 Alternative Fuel: CNG system shall include all components necessary to power vehicle with CNG. 98F 6.2L ONLY $415.00 CNG system CNG Tra nsm issio nlDrivetrain Skid Plate KO Add Skid Plate 41 P $135.00 Limited Slip Differential LS Limited Slip Differential (X3E 6 2L) X3J 7 3L $625.00 Electrical Daytime Running Lights DL Add Daytime Running Lights 942 $75.00 .Alternator HA Heavy Duty Alternator - List Amps 240 AMP 67E $325.00 Batteries DB Dual Batteries 86M $226.00 Power Outlet EP Add 12-Volt Power Outlet 66S $225.00 Doors & Windows 924 RREOUIRES REAR Deep Tinted Windows TG Add Deep Tinted Glass DEFROSTER -POWER GROUP 4313- $1,440.00 90L Power Windows & Door Locks Power Windows & IIoor Lacks 90L $1,300.00 Keyless Entry KE Keyless Entry STD. POWER GROUP $0.00 IlfstefY�Ir` =_7ium Au is system with AWFM Stereo 8 MP3 Rad* Upgrade RU apaoillty SYNC 3 5625.00 Cruise PO Cruise Control, Factory Installed 525 $325.00 'Vinyl Floor VF Rubber/Vinyl Flooring STD. $0.00 Cloth Seats CS Cloth Seats 1S $225.00 Front 9ucka:G FB : -onI BuZ.ket Seats with Console 4S 401CONSOLEi40 $626.00 Tires & Wheels All Terrain Tires AT All Terrain Tires TBM $325.00 Spare WL Mounted Full Size Spare STD $0.00 Towing Towing XO Towing Package Inciu ng: Hitch, Wiring Harness, Upgraded Radiator, Transmission Cooler STD. $0.00 EIKtnc Brake Controller BC Add Electric Stake Controller 112B $425.00 Trailering Mirrors TM Manual Telescoping Trailer Mirrors STD. $0.00 Towing Differentlal BO Differentai for Extra Towing Capability X3£ 6.2L $530.00 Page 32 of 486 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: Approval of Bulk Fuel Contract CITY COUNCIL MEMO 2023-495 RECOMMENDATION: That the City Council approve the Bulk Fuel Contract with Petroleum Traders Corporation to supply gasoline and diesel fuel per bid 23-18. BACKGROUND: The City of Fayetteville's current fuel contract with Petroleum Traders Corporation per resolution 91-18 is expiring April 3, 2023. A new contract needs to be in place to insure there is no lapse in fuel inventory. DISCUSSION: Bid 23-18 February 15, 2023 at 2:00 pm. Petroleum Traders Corporation was the low bidder, a bid tab sheet is attached. BUDGET/STAFF IMPACT: Fleet recommends that the Council approve the contract between City of Fayetteville and Petroleum Traders Corporation to supply fuel to the City per Bid 23-18. ATTACHMENTS: 2023-495 SRF Fuel Inventory, Bid 23-18, Bid Tab - AB and LM Signed, Bid 23-18, Submittal - Petroleum Traders Corporation - E, Signed Contract. Bid 23-18 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 33 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-495 Approval of Bulk Fuel Contract A RESOLUTION TO AWARD BID #23-18 AND APPROVE A ONE YEAR CONTRACT WITH PETROLEUM TRADERS CORPORATION FOR BULK FUEL PURCHASES WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-18 and approves a one year contract with Petroleum Traders Corporation for bulk fuel purchases for the prices set forth in the bid documents, copies of which are attached to this Resolution, with automatic renewals for up to four additional one year terms. Page 1 Page 34 of 486 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-495 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/27/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution approving a contract between the City of Fayetteville and Petroleum Traders Corporation to provide gasoline and diesel fuel to the City per bid 23-18. 9700.770.1910-5213.00 & 5213.01 Account Number Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Shop Fund Fund Project Title $ 2,730,245.00 $ 142,953.71 2,587,291.29 2,587,291.29 Previous Ordinance or Resolution # Approval Date: V20221130 Page 35 of 486 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 23-18, Bulk Fuel DEADLINE: Wednesday, February 15, 2023 at 2:00 PM Total Petroleum Traders Corporation Mansfield Oil Company of Gainesville $1,313.20 $2,533.86 Line # Description QTY UOM Unit Extended Unit I Extended 1.1 Schedul #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 decimals) 26,000 Gallons $8.20 0.0033 0.0047 $978.60 $0.0251 $0.0163 1.2 jUnleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 decimals) 20,000 Gallons Schedule B (Bob -Tail Deliveries - No 100 Octane) $1,305.00 $1,555.26 2.1 2.2 #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 Decimals) Unleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 Decimals) 2,500 400 1 Gallons Gallons $0.451 $g.451 $0.5346 $0.5469 NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials. Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2023.02.15 14:40:50-06'00' Amanda Beilfuss, Sr. Purchasing Agent Les McGlaughDigitally by Les McGaugh Date: 202 02.1d615:23:46 06'00' Les McGaugh, Purchasing Director Page 36 of 486 CITY OF -� FAYETTEVILLE ARKANSA Bid 23-18 Addendum 2 Petroleum Traders Corporation Supplier Response Event Information Number: Bid 23-18 Addendum 2 Title: Bulk Fuel Type: Invitation to Bid Issue Date: 1 /29/2023 Deadline: 2/15/2023 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the purchase and delivery of bulk fuel for a one (1) year contract with four (4) one-year automatic renewals. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss Sr. Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 3 pages Vendor: Petroleum Traders Corporation Bid 23-18 Addendum 2 Page 37 of 486 Petroleum Traders Corporation Information Contact: Joseph Vanderpool Address: 7120 Pointe Inverness Way Fort Wayne, IN 46804 Phone: (888) 637-7661 Email: jvanderpool@petroleumtraders.com Web Address: www.petroleumtraders.com By submitting your response, you certify that you are authorized to represent and bind your company. Joseph Vanderpool Signature Submitted at 211412023 09:59:34 AM (CT) Requested Attachments Bid 23-18, Bid Form Please attach the completed, signed Bid Form. Bid 23-18, Additional Requirements jvanderpool@petroleumtraders.com Email Please attach additional information as required in the Bid Form. Response Attachments Fayetteville City of, AR 2023-0042 Submitted Bid.pdf Entire Submittal Bid Lines Package Header Schedule A (Full Tank Deliveries) Bid Form.pdf Additional Requirements.pdf Quantity: 1 Total: 1 $8.20 Item Notes: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items 1.1 #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 decimals) Quantity: 26000 UOM: Gallons Price: I Total: 1 $-85.80 Page 2 of 3 pages Vendor: Petroleum Traders Corporation Bid 23-18 Addendum 2 Page 38 of 486 1.2 Unleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 decimals) Quantity: 20000 UOM: Gallons Price: I Total: 1 $94.00 2 Package Header Schedule B (Bob -Tail Deliveries - No 100 Octane) Quantity: 1 Total: $1,305.00 Item Notes: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items 2.1 #2 Dyed Ultra Low Sulfur Diesel Price as Mark Up PER GALLON (Use 4 Decimals) Quantity: 2500 UOM: Gallons Price: $0.45 Total: $1,125.00 2.2 Unleaded 87 Octane Gasoline Price as Mark Up PER GALLON (Use 4 Decimals) Quantity: 400 UOM: Gallons Price: $0.45 Total: $180.00 Response Total: $1,313.20 Page 3 of 3 pages Vendor: Petroleum Traders Corporation Bid 23-18 Addendum 2 Page 39 of 486 City of Fayetteville, Arkansas CITY OF Purchasing Division — Room 306 FAYETTEVILLE 113 W. Mountain Fayetteville, AR 72701 A R K A N S A S Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 23-18, Bulk Fuel DEADLINE: Wednesday, February 15, 2023 before 2:00 PM, Local Time SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.8ov DATE OF ISSUE AND ADVERTISEMENT: 01/29/2023 INVITATION TO BID Bid 23-18, Bulk Fuel No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested, failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 23-18, Bulk Fuei Page 1 of 17 Page 40 of 486 City of Fayetteville Bid 23-18, Bulk Fuel Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 23-18, Bulk Fuel The City of Fayetteville is seeking bids from qualified vendors for the purchase and delivery of bulk fuel for a one (1) year contract with four (4) one-year automatic renewals. Any questions concerning the bidding process should be directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479) 575-8220. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Wednesday, February 15 2023 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.yautube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Any bidder providing a service shall be registered with the Arkansas Secretary of State. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P: 479.575.8220 abeilfuss@fayetteville-ar,gov TDD (Telecommunications Device for the Deaf); (479) 521-1316 Date of advertisement: 01/29/2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 2 of 17 Page 41 of 486 City of Fayetteville Bid 23-18, Bulk Fuel Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayettleville-ar.gov/b[ds) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items— Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 3 of 17 Page 42 of 486 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): S. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 4 of 17 Page 43 of 486 UnsijZned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Petroleum Traders Corporation Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name Petroleum Traders Corporation *BUSINESS ADDRESS: PO Box 2357 *CITY: Fort Wayne *STATE: IN *ZIP: 46801 *PHONE: 888-637-7661 FAX: 260-203-3820 *E-MAIL: Janderpool@petroleumtraders.com *TAX ID NUMBER: 35-1462227 UNIQUE ENTITY#: *AR. SECRETARY OF STATE FILING NUMBER: 100064687 *BY: (PRINTED NAME) Joseph Vanderpool *AUTHORIZED SIGNATURE: *TITLE: Contract Sales Manager *DATE: 2/14/2023 Acknowledge Addendums: Addendum No. 1 Dated: 02/03/2023 Addendum No. 2 Dated: 02/10/2023 Addendum No. Dated: Addendum No. Dated: City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 5of17 Acknowledged by: JV Acknowledged by: iv Acknowledged by: Acknowledged by: Page 44 of 486 City of Fayetteville Bid 23-18, Bulk Fuel General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/b ids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https_/Jwww.youtube.com/user/cityoffayettevi Ilear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575,8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVI Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 6 of 17 Page 45 of 486 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a, The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". All bidders shall promptly notify Amanda Beilfuss, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm, however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division, 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 7 of 17 Page 46 of 486 9. LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same items) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. R_IGHTTOAUDIT, FOIA,ANDJURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 8 of 17 Page 47 of 486 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement, 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid, Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 9 of 17 Page 48 of 486 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/propose r's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 10 of 17 Page 49 of 486 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. PRICING The City reserves the right to re-evaluate bidders in their standing in the event of a vendor price increase. 26. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshallnotbeincludedin thebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e, The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. NOTE: Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail(abei[fuss @fayetteviIle-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 11 of 17 Page 50 of 486 Any inquiries or requests for explanation in regard to the City`s requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss fa etteville-ar. ov) or telephone (479.575,8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. INVOICING: All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 28. ATTACHMENTS TO BID DOCUMENTS: a. Appendix A— Fuel Tank Locations City of Fayettevi Ile, AR Bid 23-18, Bulk Fuel Page 12 of 17 Page 51 of 486 City of Fayetteville Bid 23-18, Bulk Fuel Specification Requirements 1.0 GENERAL: 1.1 The City of Fayetteville intends to establish a term contract to supply and deliver fuel products (gasoline and diesel on an as needed basis to various locations in the City of Fayetteville). 1.2 All product(s) bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.3 All specifications written are to minimums, unless otherwise noted. 1.4 All bulk tank wagon delivery trucks shall have Weights and Measures certified meters. Copies of current certificates shall be provided. 1.5 Vendor warrants, represents, and assures that the products and services to be provided shall conform in all respects to the requirements of the specifications. 1.6 To ensure availability, vendor shall have fuel supply contracts with a minimum of two (2) major suppliers. 1.7 Quantities listed are approximate anticipated annual requirements based on prior purchases. 1.8 Bidder agrees to sell other automotive fuel products required for specific applications not listed in this bid but available from contracted suppliers at a price not to exceed the same cost factor of the highest per unit markup listed in this bid. (Example: Site C - 100 Octane Aviation Fuel). 1.9 The City reserves the right to secure from another source if needed product cannot be delivered within the specified time. 2.0 TERM: 2,1 Contract shall be for a term of one (1) year from date of award. Contract may be extended for four (4) additional one-year terms upon mutual agreement of the City and the vendor. 2.2 The City may terminate this contract or any part hereof with a seven (7) day notice for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any of the terms and conditions of this contract. Late deliveries, deliveries of products which are defective or do not conform to this contract, unsatisfactory performance as judged by the Contract Administrator, and failure to provide City, upon request, with adequate assurances of future performance shall all be causes allowing City to terminate this contract for cause. in the event of termination for cause, City shall not be liable to Contractor for any amount. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 13of17 Page 52 of 486 3.0 INSURANCE: 3.1 Contractor agrees to comply with all applicable City ordinances and state and federal laws and regulations. 3.2 If any work under this agreement is subcontracted in any way, Contractor shall execute written agreement with Subcontractor containing the same Indemnification Clause and Insurance Requirements set forth herein protecting City of Fayetteville and Contractor. Contractor shall be responsible for executing the agreement with Subcontractor and obtaining Certificates of Insurance verifying the insurance requirements. 3.3 Prior to commencing any work or services under this Contract, Contractor shall furnish City of Fayetteville with Certificate(s) of Insurance, or formal endorsements as required by this Contract, issued by Contractor's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverage, conditions, and limits of coverage and that such coverage and provisions are in full force and effect. If a Certificate of Insurance is submitted as verification of coverage, City of Fayetteville shall reasonably rely upon the Certificate of Insurance as evidence of coverage, but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this agreement. If any of the above cited policies expire during the life of this Contract, it shall be Contractor's responsibility to forward renewal Certificates within forty-eight (48) hours after the renewal date containing all the aforementioned insurance provisions. Certificates shall specifically cite the following provisions: a. Commercial General Liability i. Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence. ii. The policy shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury. b. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each accident on Contractor's owned, hired, and non -owned vehicles assigned to or used in the performance of the Contractor's work or services under this Contract. C. Contractor shall maintain Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of work or services under this Contract. 4.0 RECORDS AND AUDIT RIGHTS: 4.1 Contractor's records (hard copy, as well as computer readable data), and any other supporting evidence deemed necessary by the City to substantiate charges and claims related to this contract shall be open to inspection and subject to audit and/or reproduction by City's authorized representative to the extent necessary to adequately permit evaluation and verification of cost of the work, and any invoices, change orders, payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the contract. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 14 of 17 Page 53 of 486 4.2 The City's authorized representative shall be afforded access, at reasonable times and places, to all of the Contractor's records and personnel pursuant to the provisions of this article throughout the term of this contract and for a period of three years after final payment. 5.0 MINIMUM SPECIFICATIONS: 5.1 Minimum standards shall be determined in accordance with the American Society for Testing and Materials (ASTM). All fuel must comply with provisions of the "Federal Clean Air Act" and any subsequent revisions as amended. 5.2 UNLEADED REGULAR GASOLINF a. Unleaded regular gasoline shall meet or exceed specifications of ASTM D949 b. Minimum Octane rating — eighty-seven (87) C. Gasoline shall contain no ethanol 5.3 ULTRA LOW SULPHUR RED DYED No. 2 DIFSFL FUEL a. The Diesel Fuel shall meet or exceed specifications of ASTM D975 b. Minimum cetane rating of forty-five (45) c. If additives are added to reach cetane number, the cost of such additives shall be included in the bid pricing. The City shall pay no extra cost for additives. If additives are included, please disclose such on bid form. 6.0 ADDITIONAL INFORMATION REQUIRED WITH BID: 6.1 Each bidder shall attach information sheets containing the following minimum information in order to determine the best service, support, and price offer for the City of Fayetteville: a. Company name b. Office address C. Name of officers or majority owners d. Number of owned transport tanker units e. Number of owned tank wagon units f. Name, address and contact information of all currently contracted transporters 6.2 Bidder shall provide the following information with bid: a. Provide a listing of all contracted fuel suppliers b. Provide a listing of all contracted terminals in the NWA and/or Fort Smith area C. Provide the source of third -party price information 6.3 Cancellation of a fuel supplier or terminal that factored into low bid award may be cause for contract cancellation. a. Additional suppliers may be added upon notification of the City. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 15 of 17 Page 54 of 486 6.4 The cost basis for fuel deliveries shall be the gross rack average price as reported in the Oil Price Information Service (OPTS) newsletter, which is published every Monday, This index contains rack prices confirmed the prior Thursday evening at 5:59 p. m. EST all year round except Thanksgiving, when the prices are confirmed on Wednesday at 5:59 p.m. EST. This shall include lowest regional fuel price. The bid form contains markup pricing for each type of fuel. This markup shall be added to the OPIS price to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. No price increase shall be allowed in this contract. a. These prices and listed quantity estimates will be used to determine a bid price to which margin price will be added to determine the final bid price. 6.5 Copies of actual purchase invoices on dates indicated shall be provided with the bid. 7.0 CONTRACT BULK FUEL PRICING: 7.1 The contract price for all fuel shall be the margin price (in cents per gallon, to a maximum of four decimal places) for each line item, to be added to, the listed gross OPIS rack average price as described. That price will be used for all deliveries until the following Friday. 7.2 Margin prices shall include all costs of the contractor in performance of the contract to include overhead, profit, delivery and unloading fuel into the applicable storage tank and any other cost. 7.3 Additional charges not specifically outlined in this bid (additional handling, split load, split drop, etc.) will not be allowed unless listed and attached to the bid. Listed charges will be considered in final bid award. 7.4 The margins bid shall to remain firm for the entire contract period. 7.5 No taxes are to be included in the contract prices, Applicable taxes shall be itemized and billed as a separate item on invoices. 8.0 BULK FUEL DELIVERY METHOD: 8.1 All orders will be placed by authorized city staff by phone, FAX, or other mutually agreed process. 8.2 All orders shall be filled no later than the second business day following date of order. 8.3 Order quantities will allow for full tanker delivery except locations where specified tank size will not accommodate. 8.4 Site A gasoline orders will be for split tanker with diesel delivery at same location or split tanker with Site B. Charges (if any) for these services shall be clearly listed in attachment to the bid. 8.5 Contractor shall accommodate for delivery into above ground tanks where specified. 8.6 Delivery times shall be coordinated with each delivery location. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 16 of 17 Page 55 of 486 9.0 BULK FUEL DELIVERY TICKET: 9.1 A delivery ticket containing the following information shall be provided at the time of each delivery: a. Contractor's name b. Address C. Delivery location and tank d. Type of fuel e. Grade of fuel f. Terminal 9. Supplier h. Bill of lading fuel quantity (net gallons) i. Reading prior to unloading j. Reading following unloading 9.2 The City shall only authorize payment for the actual (net) quantity of fuel delivered to each site. 9.3 Company driver and City personnel shall both sign and date the delivery ticket. 10.0 BILLING (MUST BE PROVIDED WITHIN 24 HOURS OF DELIVERY): 10.1 All invoices shall clearly outline the following: a. Contractor's name b. Address C. Delivery location and tank d. Type of fuel e. Terminal f. Fuel supplier g. OPIS price h. Margin price (price bid) i. Applicable taxes j. Valid Purchase Order Number. k. Net Gallons Delivered 1. All invoices must be accompanied by the following information: M. Copy of Terminal Bill of Lading n. Copy of Suppliers Invoice City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 17 of 17 Page 56 of 486 L a aJ a) L L a) a) L 4) N L W ,3J L Ql L 41 L Cl)al L L v L a) 4- � � .- 4- +� 4+ O ) cn 4— � Ln 3 u 3 " O O Lr} 3 cn 3 Ln 3 u O Ln 3 Ln 3 Ln 3 N 3 to vl 3 CL O O O O O O O_ O_ O_ O_ O_ O_ J � J J J n J J J al J Q1 J qJ J � M u) L QQ pa m (A pp pp m Lf L L m VI L m VI L M Ln L r0 v u ` VI lA fE VI ra ul ❑ a ❑ Q QJ 0) ❑ al ❑ 7 7 a1 a1 a) a) D D � D a) � 0 ❑ ❑ LL -0-0 'o -C 'O m -0 'O 'C v a� v v W v O v m as a) ❑ C C Q C C O © ❑ Cf C ❑ O 0 ❑ ❑ N D N N r4 N N N N N N N N C 3t 7K #k it 2k :rr *k nm aJ C1A M tOj C 0 C O O m a° o 0 0 0 0 0 0 0 n m V) �--1 M N H N N Ln C U N H O Q 7 7 3 7 7 7 7 7 7 7 7 D O O O O O O L O O O d O O O O D O C7 L C7 C7 /L� L L (7 C7 U (J L 0 L (D L (7 L L pL� L L L L C a) Q7 L a) aJ aJ aJ Q1 L a) a1 a) L a) aJ Al N aJ m > > > > > > cL > > > aJ > > > > > a a a a a a a a a a a a a a cc > > d u O O C C Cc C W L L aJ L z 2 L O O N O O O O O aJ L 4-10 T O IV a)[A -C t Z 2 2 S L Q LnO OL Q u u T >� x x x 0 x x O o z Q = m Z I L'i Ur m co L L L `° LZ "' z a� Ln Ln o o Ln Ln z Z z z z z z rn 10 u i Lri N O Ln Lr) Ln�"4 O O O O NO N D n mO Ln VI C) C) O H Ln Ln H e Q- a CL �- a O ► o o o o 0 0 u 0) ( z .a C- Q T C_ `a d u Q 'O o m m a a O + O +- +u a a �, �, C m C m c m m C m }' to +1 to 41 ti? 4- N +� Ln a) m N a) a) o 0 0 0 0 $ $ $ LL. w Li 3 z z z z a) O 0 Or 000O0 O O O pI Ln 0 O O OLn C a 0 Ln rl -I r-I —4 M l0 m N r LDC (Y NLn N Page 57 of 486 Bid 23-18, Addendum 1 9% Date: Friday, February 03, 2023 IV To: All Prospective Vendors From: Amanda Beilfuss-479.575.8220—abeilfuss@fayetteville-ar.gov RE: Bid 23-18, Bulk Fuel CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made apart of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. 1. CLARIFICATIONS —The following additional information and clarifications are being provided to assist bidders: a. Regarding section 6.2 of the bid form, gross rack average price shall be from Fort Smith, AR. b. Regarding section 8.1 of the bid form, City of Fayetteville staff may also place orders by email. c. Regarding section 8.2 of the bid form, all orders shall be filled within 36 hours of receiving order. 2. Bid Line Items a. Item notes on the 'Schedule A' and 'Schedule B' line item package header have been edited to read as "This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City." City of Fayetteville, fi.r Bid 23-18, Addendum 1 ,age 1�1 Telecommunications Device forth Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 Paae Bid 23-18, Addendum 2 9% Date: Friday, February 10, 2023 W To: All Prospective Vendors From: Amanda Beilfuss — 479.575.8220 — abeilfuss@favetteville-ar.gov RE: Bid 23-18, Bulk Fuel CITY 4F FAYETTEVILLE ARKANSAS This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERSSHALL ACKNOWLEDGE TH15ADDENDUM ON THE DESIGNATED LOCATION ON THEBID FORM. 1. QUESTIONS — The following are questions received and answered by the corresponding City Department: a. Question: If a split occurs, how many sites are allowed to be split per delivery? i. Answer. Two (2) sites will be allowed b. Question: If a split occurs, how many products are allowed to be split per delivery? i. Answer: Two (2) products are allowed c. Question: How often are deliveries split between multiple locations? i. Answer: Approximately one (1) load every three (3) weeks d. Question: How often are deliveries split with multiple products? i. Answer: Weekly e. Question: Are Vendors required to submit a differential for each line item on this bid? i. Answer: No, that is not required f. Question: Does the City require winter additives? i. Answer The City supplies diesel additive to be put in at time of delivery g. Question: When is the expected award date and the start and end dates of this contract? i. Answer: The current contract- expires April 03, 2023. It is anticipated that the new contract will go to Fayetteville City Council for approval on March 21, 2023. The new contract shall begin April 04, 2023 and last for one (1) year with option for four (4) renewals City of Fayetteville, AR Bid 23-18, Addendum Page 112 Telecommunications Device for the Deaf TDD {4797 521-1316 113 West Mountain - Fayetteville, AR 72701 Page 59 of 486 h. Question: Are any locations not able to receive a transport delivery (18-wheel truck)? If so, which locations? i. Answer: There are two (2) locations that will allow 18-wheeled transport: 115 S. Church St. and 1525 S. Happy Hollow Rd. The South Church Street location is easier to access first thing in the morning due to downtown traffic. The Happy Hollow Road location is accessible anytime. Question: Which locations can only be serviced via small tank wagon truck? i. Answer: All other locations outside of the two (2) listed above. Question: Will the City be reading off the pricing bid in the bid opening or just the names of bidders? i. Answer: Pricing submitted with each bid along with the names of the bidders will be read allowed at the bid opening. The bid opening will be held in person in room #111 of Fayetteville City Hall and will be livestreamed using the City of Fayetteville's YouTube channel. Bid tabulation will be provided shortly after the bid opening on the online bidding portal. 2. ATTACHMENTS: a. Attachment A— Recent Invoices & Bill of Lading b. Attachment B — Bid Tabulation for Bid 18-18 c. Attachment C — Dyed Diesel Information (the City does not have a list of additives used to meet minimum cetone rating of 45) d. Attachment D --Jacobs Fuel Orders from 2022 (there are too many variances to provide exact monthly amounts) City Df Fayetteville, AR Bid 23-18, Addendum Page 212 Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain - Fayetteville, AR 72701 Page 60 of 486 1 PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 888-637-7661 Company Overview Petroleum Traders Corporation has been a pure wholesaler of fuels since 1979. We are an experienced supplier of wholesale gasoline, premium, winter blend diesel, heating oil, as well as renewable fuels such as biodiesel and ethanol to government agencies across the country. Our resources include a host of large and small local and nationally recognized carriers to complete fuel deliveries. We have accounts with 90% of large and independent fuel refiners in the United States to better ensure availability of product in the event of difficulties within a region of the country. Petroleum Traders maintains one of America's largest fuel distribution networks with supply points in 39 states nationwide. As a coast -to -coast pipeline shipper, we can satisfy your supply requirements through either delivery or direct terminal access throughout the continental US. Our supply spans the United States from coast to coast. We use a host of nationally recognized and local common carriers to facilitate delivery. Our supply sources include 90% of the major oil companies and large independent suppliers. Since its inception in 1979, our company has built its strength on a singular purpose: to meet and exceed the expectations of our customers in every aspect possible, including accountable service, quality products and customized pricing programs. Petroleum Traders Corporation is proud to be the largest pure wholesale fuel distributor in the country. Petroleum Traders is an experienced supplier of wholesale gasoline, diesel fuel, heating oil, as well as renewable fuels such as biodiesel and E85 ethanol to government agencies. Working as either as a contract or spot supplier, we work alongside city, county, state, federal, and township government agencies to provide significant fuel cost savings and assist in budgeting with fuel price management. Petroleum Traders is familiar with and regularly participates in gasoline, diesel, and heating oil Request for Proposals (RFPs) and Invitation for Proposals (IFPs). With Petroleum Traders, you're not only buying from a price leader, you're also getting the best proactive service in the business. Our prompt, responsive, and proactive customer service offers 24/7 communication to give you the attention you deserve. Emergency service is available as well to make sure you get the fuel you need when you need it the most. Petroleum Traders Corporation consists of about 137 employees divided into various departments to ensure the satisfaction of our customers. The Contract Sales/Bid Department currently consists of (14) employees ranging in experience from 1 to 27 years. The combined experience of the departments paired with the guidance of our upper management team will ensure accurate and responsible service is provided. Generally, 24 hours is all that is required to complete a delivery. Petroleum Traders Corporation makes every effort to provide consistent quality of service to its customers in times of national or local emergency and weather related natural disasters. Our resources include a stable of large and small local and nationally recognized carriers to complete fuel deliveries. Our carriers strive to fulfill all delivery requests as promptly as possible. Page 61 of 486 AN PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 Contract Sales Bid Department All contact regarding bids or awarded contracts are handled by the Contract Sales Bid Department. This will include all requests for fuel delivery as well as any questions about contract specifications, invoicing, pricing, taxes, or product information. Orders can be placed by emailing bidorders etroleumtraders.com, by calling 1-888-637-7661 (direct toll free line as well as texting option), or 1-800-348-3705 option 4 (toll free company line). Any staff member who answers will be able to assist you. Company Representatives that will be servicing your fuel contract if awarded, include, but are not limited to, the following Contract Sales Specialists. The current Bid staff includes the following members Stephen Reuille Kevin Smith Marjie Alves Isaac Newman Adam Carteaux Brierra Young Kara Clark Savannah Kern Bret Rhen Ethan Drake Cassidy Thompson Joseph Vanderpool is the Contract Sales/Bids Manager. His email is 4 vanderpoolapetroleumtraders.com. For our customer's convenience, Petroleum Traders Corporation may be reached 24 hours a day, 7 days a week, 365 days a year. During normal business hours of 7AM to 5PM we may be reached at 888-637-7661. For after hours, weekends, or holidays dial 1-800-348-3705 option 1 for the on call member of our dispatch staff and leave a message. All calls are returned within one hour. Page 62 of 486 Carriers to be Used Star Transport 3201 E. Highland Jonesboro, AR 833-413-7827 Generations Transport / Little Field Oil 3403 Cavanaugh Road Fort Smith, AR 72918 479-646-5243 Fuel Suppliers HWRT Oil Company Coffeyville Resources HollyFrontier Refining Fuel Marketing Apex Oil Company TransMontaigne Valero Terminals Fort Smith, AR — Magellan Rogers, AR - Magellan Page 63 of 486 Home Bid Events ptraders23 . (,`) Return O No Sid �jDocuments TLj: Response History I__I Bid History e Error Check Response Bid Number Bid 23-18 Addendum 2 (Bulk Fuel) CITY OF Close Date &Time 2/15/2023 03:00:00 PM (ET) FAYETTEVILLE Time Left 1 days 5 hours 7 minutes 33 seconds ARKANSAS Response Status NOT SUBMITTED -To complete your response, you must dick 'Submit Response' in the Response Submission tab. Event Details Questions Activities Attachments Line Items Response Attachments Response Submission Bid Line Items RSave lrzp Error Check Response Total: $1,313.20 Save Successful: 211412023 09:52:14 AM (ET) # Specification Quantity UOM Response Extended 1 Schedule A (Full Tank Deliveries) 1 $8.20 Item Note: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. Add Notes Sales tax shall not be included in the bid price. Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items # specification Quantity UOM Response Extended 1.1 #2 Dyed Ultra Low Sulfur Diesel 26000 Gallons 6.0033 * $-85.84 Price as Mark Up PER GALLON (Use 4 decimals) Add Notes 1.2 Unleaded 87 Octane Gasoline 20000 Gallons 0.0047i* $94.00 Price as Mark Up PER GALLON (Use 4 decimals) Add Notes 2 Schedule 13 (Bob -Tail Deliveries - No 100 Octane) ; $1,305.00 Item Note: Total Base Bid does not include cost per gallon for weekly rack price charged based on the index. [*Add Notes Sales tax shall not be included in the bid price_ Applicable Arkansas sales tax laws will apply as necessary but will not be considered in award of this project. Line items are formatted for bidders to provide markup pricing for each item. This markup price shall be added to the WEEKLY PUBLISHED OPIS average rack price (Fort Smith, AR location) to arrive at the total price charged to the City. The City shall pay NO additional fees, surcharges, etc. Package Items # Specification Quantity UOM Response Extended 2.1 #2 Dyed Ultra Low Sulfur Diesel 2500 Gallons 0.45 * $1,125.00 Price as Mark Up PER GALLON (Use 4 Decimals) ' Add Notes 2.2 Unleaded 87Octane Gasoline 400 Gallons Price as Mark Up PER GALLON (Use 4 Decimals) 045* $180.00 Page 64 of 486 w �r PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 888-637-7661 Company Overview Petroleum Traders Corporation has been a pure wholesaler of fuels since 1979. We are an experienced supplier of wholesale gasoline, premium, winter blend diesel, heating oil, as well as renewable fuels such as biodiesel and ethanol to government agencies across the country. Our resources include a host of large and small local and nationally recognized carriers to complete fuel deliveries. We have accounts with 90% of large and independent fuel refiners in the United States to better ensure availability of product in the event of difficulties within a region of the country. Petroleum Traders maintains one of America's largest fuel distribution networks with supply points in 39 states nationwide. As a coast -to -coast pipeline shipper, we can satisfy your supply requirements through either delivery or direct terminal access throughout the continental US. Our supply spans the United States from coast to coast. We use a host of nationally recognized and local common carriers to facilitate delivery. Our supply sources include 90% of the major oil companies and large independent suppliers. Since its inception in 1979, our company has built its strength on a singular purpose: to meet and exceed the expectations of our customers in every aspect possible, including accountable service, quality products and customized pricing programs. Petroleum Traders Corporation is proud to be the largest pure wholesale fuel distributor in the country. Petroleum Traders is an experienced supplier of wholesale gasoline, diesel fuel, heating oil, as well as renewable fuels such as biodiesel and E85 ethanol to government agencies. Working as either as a contract or spot supplier, we work alongside city, county, state, federal, and township government agencies to provide significant fuel cost savings and assist in budgeting with fuel price management. Petroleum Traders is familiar with and regularly participates in gasoline, diesel, and heating oil Request for Proposals (RFPs) and Invitation for Proposals (IFPs). With Petroleum Traders, you're not only buying from a price leader, you're also getting the best proactive service in the business. Our prompt, responsive, and proactive customer service offers 2417 communication to give you the attention you deserve. Emergency service is available as well to make sure you get the fuel you need when you need it the most. Petroleum Traders Corporation consists of about 137 employees divided into various departments to ensure the satisfaction of our customers. The Contract Sales/Bid Department currently consists of (14) employees ranging in experience from 1 to 27 years. The combined experience of the departments paired with the guidance of our upper management team will ensure accurate and responsible service is provided. Generally, 24 hours is all that is required to complete a delivery. Petroleum Traders Corporation makes every effort to provide consistent quality of service to its customers in times of national or local emergency and weather related natural disasters. Our resources include a stable of large and small local and nationally recognized carriers to complete fuel deliveries. Our carriers strive to fulfill all delivery requests as promptly as possible. Page 65 of 486 rr�r PETROLEUM TRADERS CORPORATION PO Box 2357 Fort Wayne, IN 46801-2357 Contract Sales Bid Department All contact regarding bids or awarded contracts are handled by the Contract Sales Bid Department. This will include all requests for fuel delivery as well as any questions about contract specifications, invoicing, pricing, taxes, or product information. Orders can be placed by emailing bidorders etroleumtraders.com, by calling 1-888-637-7661 (direct toll free line as well as texting option), or 1-800-348-3705 option 4 (toll free company line). Any staff member who answers will be able to assist you. Company Representatives that will be servicing your fuel contract if awarded, include, but are not limited to, the following Contract Sales Specialists. The current Bid staff includes the following members Stephen Reuille Kevin Smith Marjie Alves Isaac Newman Adam Carteaux Brierra Young Kara Clark Savannah Kern Bret Rhen Ethan Drake Cassidy Thompson Joseph Vanderpool is the Contract Sales/Bids Manager. His email is Ivanderpcol_(cD_petroleumtraders.com. For our customer's convenience, Petroleum Traders Corporation may be reached 24 hours a day, 7 days a week, 365 days a year. During normal business hours of 7AM to 5PM we may be reached at 888-637-7661. For after hours, weekends, or holidays dial 1-800-348-3705 option 1 for the on call member of our dispatch staff and leave a message. All calls are returned within one hour. Page 66 of 486 Carriers to be Used Star Transport 3201 E. Highland Jonesboro, AR 833-413-7827 Generations Transport/ LittleField Oil 3403 Cavanaugh Road Fort Smith, AR 72918 479-646-5243 Fuel Suppliers HWRT Oil Company Coffeyville Resources HollyFrontier Refining Fuel Marketing Apex Oil Company TransMontaigne Valero Terminals Fort Smith, AR — Magellan Rogers, AR - Magellan Page 67 of 486 City of Fayetteville Bid 23-18, Bulk Fuel Required Bid Form — Bid Signature & Online Submittal Regirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayetteville-ar.gov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 3 of 17 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Nan -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. X 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 4 of 17 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: Petroleum Traders Corporation Purchase Order/Payments shallbe issued to this name *D/B/A or Corporation Name Petroleum Traders Corporation *BUSINESS ADDRESS: PO Box 2357 *CITY: Fort Wayne *PHONE: 888-637-7661 *E-MAIL: Jvanderpool@petroleumtraders.com *STATE: IN *ZIP: 46801 FAX: 260-203-3820 *TAX ID NUMBER: 35-1462227 UNIQUE ENTITY #: *AR. SECRETARY OF STATE FILING NUMBER: 100064687 *BY: (PRINTED NAME) Joseph Vanderpool *AUTHORIZED SIGNATURE: *TITLE: Contract Sales Man Acknowledge Addendums: Addendum No. 1 Dated: 02/03/2023 Addendum No. 2 Dated: 02/10/2023 Addendum No. Dated: Addendum No. Dated: City of Fayetteville, AR Bid 23-18, Bulk Fuel Page 5 of 17 *DATE; 2/14/2023 Acknowledged by: JV Acknowledged by: JV Acknowledged by: _ Acknowledged by: City of Fayetteville Bid 23-18, Bulk Fuel Contract — Between City of Fayetteville and Petroleum Traders Corporation Terms: One (1) year with four (4) renewals This contract executed this 215Y day of ,March, 2023, between the City of Fayetteville, Arkansas, and Petroleum Traders Corporation. In consideration of the mutual covenants contained herein, the parties agree as follows: Petroleum Traders Corporation at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 23-18 as stated in Petroleum Traders Corporation bid proposal, and in accordance with specifications attached hereto and made a part hereof under Bid 23-18, all included herein as if spelled out word for word. The City of Fayetteville shall pay Petroleum Traders Corporation Based on their bid proposal. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. The Contract documents which comprise the contract between the City of Fayetteville and Petroleum Traders Corporation consist of this Contract and the following documents attached hereto, and made a part hereof: A. Bid form identified as Invitation to Bid 23-18 with the specifications and conditions typed thereon. B. Petroleum Traders Corporation bid proposal. C. The Notice to Prospective Bidders and the Bid Tabulation. 4. These Contract documents constitute the entire agreement between the City of Fayetteville and Petroleum Traders Corporation and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Petroleum Traders Corporation. Petroleum Traders Corporation shall not assign its duties under the terms of this agreement. 6. Petroleum Traders Corporation agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury or death, arising from Petroleum Traders Corporation performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. Petroleum Traders Corporation shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Any work sublet; the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Petroleum Traders Corporation shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of City of Fayetteville, AR Page 1of3 such of his employees as are not otherwise protected. The premiums for all insurance and the bond required herein shall be paid by.Petroleum Traders Corporation. Workmen's Compensation_ Statutory Amount Comprehensive General & Automobile Insurance Bodily Injury Liability $500,000 for each person injured. $1,000,000 for each accident. Property Damage Liability $1,000,000 aggregate. 8. Petroleum Traders Corporation shall furnish proof of licensure as required by all local and state agencies. 9. This contract may be terminated by the City of Fayetteville or Petroleum Traders Corporation with 30 calendar days written notice. 10. This contract shall be effective from one year of the date of signed contract. The City reserves the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either Petroleum Traders Corporation or the City notifies the other of its intent to terminate the contract at the end of the contract period. a. Projects exceeding $35,000 will require additional approval from the Fayetteville City Council. 11. Freedom of Information Act:_ City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 12. 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 Fayetteville City Council in advance of the change in scope, cost or fees. 13. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 14. Arbitration/Mediation: The City will not agree to be forced to mediate or arbitrate any dispute. 15. Interest charges for late payments by the City: The City of Fayetteville does NOT agree to any interest or penalty for "untimely" payments. The City will pay all invoices within 30 calendar days of accepted mW61140a City of Fayetteville, AR Page 2 of 3 Page 72 of 486 WITNESS OUR HANDS THIS _DAY OF _ , 2023. CONTRACTOR NAME IP&m (et m Tradcr5 Ct rpL,-a.f,-D(. CITY OF FAYETTEVILLE, ARKANSAS By: _Y 44 nat re Printed Contractor Name & Title ATTEST (Signature) G I en Olc (y—r) Company Secretary (Printed Name) Business Address PO Cox m5'?, rrk Waune, IN HbgoI-Z557 City, State & Zip Code Date Signed: _a - 2 City of Fayetteville, AR Page 3 of 3 LIONELD JORDAN, Mayor ATTEST: (Signature) Kara Paxton, City Clerk, Treasurer Date Signed: CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 CITY COUNCIL MEMO 2023-501 TO: Mayor Jordan and City Council THRU: Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs FROM: Lee Farmer, Recreation Superintendent DATE: SUBJECT: A resolution to approve a budget adjustment in the amount of $22,126 recognizing and allocating donation revenue from the Friends of YRCC to be used for the 2023 programs offered by the Yvonne Richardson Community Center. RECOMMENDATION: A resolution to approve a budget adjustment in the amount of $22,126 recognizing and allocating donation revenue from the Friends of YRCC to be used for the 2023 programs offered by the Yvonne Richardson Community Center. BACKGROUND: Friends of YRCC is a non-profit focused on supporting the mission of the YRCC by raising funds for programming costs which in turn, allows YRCC to offer low cost and no cost opportunities to the disadvantaged youth and families that is traditionally serves. This donation will cover expenses for youth to participate in summer camp, afterschool programming, and after -school interest clubs. It also supports annual events such as an Easter Egg Hunt, Community Partners Networking Meetings, and Holiday Bingo. DISCUSSION: Friends of YRCC continues to offer funding support to YRCC programs, as well as community outreach, allowing for participation to take place despite financial barriers that exist among families of the Fayetteville community. Each semester, YRCC serves nearly 35 individuals K-6th in the YRCC Afterschool program. In addition, YRCC serves 75 individuals K-8th each week for eight weeks in the Summer Fun 4 Kids/Teens program. BUDGET/STAFF IMPACT: This will recognize $22,126 for 2023 programs offered by the YRCC. ATTACHMENTS: 2023 Program Donation SRF, 2023-501 BA Friends of YRCC Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 74 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-501 A resolution to approve a budget adjustment in the amount of $22,126 recognizing and allocating donation revenue from the Friends of YRCC to be used for the 2023 programs offered by the Yvonne Richardson Community Center. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,126.00 REPRESENTING DONATION REVENUE FROM FRIENDS OF YRCC TO FUND THE 2023 PROGRAMS OFFERED AT THE YVONNE RICHARDSON COMMUNITY CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $22,126.00 recognizing donation revenue from Friends of YRCC to fund the 2023 programs offered at the Yvonne Richardson Community Center. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation to Friends of YRCC for the donation. Page 1 Page 75 of 486 Lee Farmer Submitted By City of Fayetteville Staff Review Form 2023-501 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: A resolution to approve a budget adjustment in the amount of $22,126 recognizing and allocating donation revenue from the Friends of YRCC to be used for the 2023 programs offered by the Yvonne Richardson Community Center. Various Account Number 33051 Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: General & Park Development Fund Parks & Recreation Donations Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 61,125.00 $ 2,209.06 58,915.94 $ 22,126.00 I �, 81,041.94 Previous Ordinance or Resolution # Approval Date: V20221130 Page 76 of 486 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division PARKS & RECREATION (520) Adjustment Number /Org2 2023 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget adjustment relating to request to recognize and allocate the donation revenue received from Friends of YRCC (FOYRCC) through the Southeast Fayetteville Community Center on 2/23/2023 - these funds are to be used for the 2023 YRCC program activities offered by the Yvonne Richardson Community Center. RESOLUTION/ORDINANCE COUNCIL DATE: 3/21/2023 ITEM ID#: 2023-501 Noll y Black 31112023 6:37 ANI Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: CHKD/POSTED: TOTAL 22,126 22,126 increase/ (Decrease) Account Number Expense Revenue Project.Sub# Project Sub.Detl AT v.2023117 Account Name 1010.520.5280-5342.00 22,126 - 33051 1001 EX Promotionals - Activities 1010.520.5280-4809.00 - 22,126 33051 1001 RE Donations 1 of 1 Page 77 of 486 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Cheryl Partain, Utilities Financial Services Mgr DATE: SUBJECT: RFP 22-11, Ray Klein, Inc. - Collection Services RECOMMENDATION: CITY COUNCIL MEMO 2023-510 Staff recommends awarding Request for Proposal (RFP) 22-11 and authorizing a contract for a period of one (1) year with an option for four (4) automatic annual renewals for a total possible contract term of five (5) years to Ray Klein, Inc. DBA Professional Credit Service for collection services for the City of Fayetteville. BACKGROUND: The City of Fayetteville contracts for collection services for water/sewer and trash and recycling past due utility account bills and for past due miscellaneous City invoices processed by accounting. Past due utility account bills and miscellaneous City invoices are dropped to bad debt and sent to the collection agency monthly. DISCUSSION: The RFP proposals were received for RFP 22-11, Collection Services on November 29, 2022. The RFP selection committee selected three of the seven collection companies that submitted proposals for interviews and demos of their collection software. On January 5, 2023 the interviews and demos of the collection software were done, and the Collection Services RFP selection committee selected Ray Klein, Inc. DBA Professional Credit Service for collection services for the City. Professional Credit Service commission pricing is a flat fee and is not based on the age of the account collected by the agency that has been charged in the past. The pricing for both Primary Collections and Customer Payments Made Directly to the City is 25% of the balance of the account. This fee is lower that what the City is currently paying. Having this flat fee rather than a tiered fee based on the age of the account will be a better value for the City to have a consistent, lower rate than a tiered pricing system. BUDGET/STAFF IMPACT: Funds are available within the Water/Sewer Operational Funds and Recycling and Trash Operational Funds for the cost of the bad debt expenditure. ATTACHMENTS: SRF - Ray Klein, Inc. - Credit Services, RFP 22-11, Contract - Collection Services - Signed, RFP 22-11, Appendix A - Scope of Work, RFP 22-11, Appendix B - City RFP, RFP 22-11, Appendix C - Ray Klein Submittal, RFP 22-11, Appendix D - Certificate of Insurance, RFP 22-11, Appendix E - Bonding Certificate and Licensing Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 78 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-510 RFP 22-11, Ray Klein, Inc. - Collection Services A RESOLUTION TO AWARD RFP 22-11 AND AUTHORIZE A ONE YEAR CONTRACT WITH RAY KLEIN, INC. D/B/A PROFESSIONAL CREDIT SERVICE FOR ACCOUNT COLLECTION SERVICES WITH AUTOMATIC RENEWALS FOR UP TO FOUR (4) ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #22-11 and authorizes a one year contract with Ray Klein, Inc. d/b/a Professional Credit Service for account collection services with automatic renewals for up to four (4) additional one year terms. Page 1 Page 79 of 486 City of Fayetteville Staff Review Form 2023-510 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Cheryl Partain 3/2/2023 UTILITIES FINANCIAL SVCS (710) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends awarding Request for Proposal (RFP) 22-11 and authorizing a contract for a period of one (1) year with an option to renew for up to four (4) additional one year terms to Ray Klein, Inc. DBA Professional Credit Service for the collection services for the City of Fayetteville. Budget Impact: 5400.710.1810-5319.00/5500.750.5000- 5319.00 Account Number N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Water/Sewer & Recycling and Trash Collection Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund N/A Project Title $ 353,868.00 353,868.00 353,868.00 Previous Ordinance or Resolution # Approval Date: V20221130 Page 80 of 486 CITY OF FAYETTEVILLE A R KA N KAs CONTRACT FOR PROFESSIONAL SERVICES RFP 22-11, Collection Services between City of Fayetteville, Arkansas and Ray Klein, Inc DBA Professional Credit Service THIS AGREEMENT is executed this 21st day of March 2023, by and between the City of Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Ray Klein, Inc DBA Professional Credit Service (hereinafter called Professional Credit). CITY OF FAYETTEVILLE from time to time requires professional services in connection with the benefits brokerage and consultation services. Professional Credit was selected through RFP 22-11 to provide the scope of work outlined and identified in this contract. Therefore, City and Professional Credit in consideration of their mutual covenants agree as follows: Professional Credit shall serve as the Collection Agency to the CITY in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a licensed firm - registered in the State of Arkansas and qualified in the particular field. 1. Contracted parties: a. This agreement shall be binding between all parties. Fees for services shall be provided as identified in appendices. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the City and Professional Credit. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall prevail over all exhibits: i. Appendix A: Scope of Work & Fees ii. Appendix B: City's Solicitation identified as RFP 22-11, Collection Services iii. Appendix C: Professional Credit's RFP response iv. Appendix D: Professional Credit's Certificate of Insurance v. Appendix E: Professional Credit's Bonding Certificate and Licensing from the State Board of Collection Agencies RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 1 of 10 — Last Revised: 02.16.23 Page 81 of 486 3. Notices: Any notice required under this Agreement shall be in writing, addressed to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Ray Klein, Inc DBA Professional Credit Service: Attention: Wade Isbell, 400 International Way, Ste. 100, Springfield, OR 97477 4. Fees, Expenses, and Payments: a. Total fees for collection services shall not exceed twenty-five percent (25%) of collected debts which includes the services and reimbursable allocations itemized in Appendix A. Progress payments shall be paid to the Professional Credit as described in Appendix A. i. All services listed in Professional Credit's core services are included in the flat fee and Professional Credit shall not charge any additional fees. b. Payment Terms: All Professional Credit invoices are payable upon approval and due within forty- five (45) 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 Professional Credit in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within forty-five (45) calendar days of date the invoice is approved. c. Monthly invoices for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Collection Agency consistent with Professional Credit'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 Professional Credit and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the Project. d. 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, Professional Credit 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 Professional Credit to be set forth therein. i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE claims against Professional Credit or sureties under this Agreement. 5. Approval of Agent: The City reserves the right to require Professional Credit to replace an assigned agent with another agent of the same company if, in the opinion of the City staff, the agent is not rendering or is incapable of rendering the quality of service and cooperation required. 6. 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. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 2 of 10 — Last Revised: 02.16.23 Page 82 of 486 7. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 8. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 9. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Professional Credit will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for this compliance. 10. 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. 11. Omissions: If Professional Credit fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, Professional Credit will not receive a fee for work associated with the Change Order. 12.Insurance: Professional Credit shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverages for the following insurance which shall be maintained throughout the term of this agreement. Any work sublet to major subconsultants Professional Credit shall require the subconsultant to provide the insurance identified. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Professional Credit shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees as are not otherwise protected. a. Professional Credit shall provide to the City certificates as evidence of the specified insurance presented in Appendix D within ten (10) calendar days of the date of this agreement and upon each renewal coverage. b. Subconsultants shall maintain reasonable insurance including but not limited to worker's compensation, auto as applicable, general liability, errors and omissions, etc. 13. Professional Responsibility: Professional Credit 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 Professional Credit any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Professional Credit 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 Professional Credit. a. Professional Credit will perform its duties, responsibilities and obligations with the care, skill, prudence and diligence that a prudent collection agency acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims under the circumstances prevailing. b. Conflict of Interest: Professional Credit's engagement under this Agreement will not prevent it from taking similar engagements with other clients. Professional Credit will, nevertheless, exercise care and diligence to prevent any actions or conditions which could result in a conflict of interest. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 3 of 10 — Last Revised: 02.16.23 Page 83 of 486 c. Subcontractors: Professional Credit may cause another person or entity, as a subcontractor of Professional Credit to provide some of the services required to be performed by Professional Credit hereunder; provided that Professional Credit shall remain responsible for all acts and omissions of any such subcontractors, each of which shall be bound by Professional Credit's obligations under this Agreement. Professional Credit shall seek prior written approval from the City for any subcontractors providing substantive consulting, professional or managerial services. Prior written approval shall not be required for clerical, office, secretarial, IT back-up, administrative or similar support services. 14. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Professional Credit: i. Provide full information as to the requirements for the Project. ii. Assist Professional Credit by placing at Professional Credit's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist Professional Credit in obtaining access to property reasonably necessary for Professional Credit to perform its services under this Agreement. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Professional Credit and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Professional Credit in a timely manner. vi. The City of Fayetteville's Utility Financial Services (UFS) Manager is the project representative with respect to the services to be performed under this Agreement. The UFS Manager 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. 15. Period of Service: This Agreement will be effective March 21, 2023 through March 21, 2024 and renewed as follows, authorizing services hereunder. a. The City agrees to reserve the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either Professional Credit or the City notifies the other of its intent to terminate within ninety (90) calendar days prior to the end of the contract period. b. 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. Professional Credit 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, if applicable, is included within Appendix A. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 4 of 10 — Last Revised: 02.16.23 Page 84 of 486 16. Debarment Certification: Professional Credit hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Professional Credit hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 17. 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 thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Professional Credit is given: i. Not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Professional Credit at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Professional Credit's default. d. If termination for default is affected by Professional Credit, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to Professional Credit for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Professional Credit relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action, Professional Credit 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 Professional Credit in performing this Agreement, whether completed or in process. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 5 of 10 — Last Revised: 02.16.23 Page 85 of 486 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 Professional Credit to fulfill contractual obligations, it is determined that Professional Credit 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. 18. Delays a. In the event the services of Professional Credit are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond Professional Credit's reasonable control, Professional Credit shall be entitled to additional compensation and time for reasonable documented costs actually incurred by Professional Credit in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Professional Credit, City shall be entitled to compensation for its reasonable costs incurred in temporarily closing down or delaying the project. The City does not agree to waive its right to claim (in addition to direct damages) special, indirect, or consequential damages, whether such liability arises in breach of contract or warranty, tort (including negligence), strict or statutory liability, or any other cause of action. 19. Rights and Benefits a. Professional Credit's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 20. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Professional Credit which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or Professional Credit 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 Professional Credit 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 Professional Credit shall confer in an effort to RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 6 of 10 — Last Revised: 02.16.23 Page 86 of 486 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 Professional Credit and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 21. Sufficient Funds: The CITY represents it has sufficient funds or the means of obtaining funds to remit payment to Professional Credit for services rendered by Professional Credit. 22. Publications: a. Recognizing the importance of professional development on the part of Professional Credit employees and the importance of Professional Credit's public relations Professional Credit may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Professional Credit'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 Professional Credit, 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 Professional Credit's activities pertaining to any such publication shall be for Professional Credit's account. 23. Indemnification: a. Professional Credit shall indemnify, hold harmless and, not excluding the City's right to participate, defend the City and any of its officers, or employees from and against all liabilities, claims, actions, damages, losses and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the City in Professional Credit's capacity as a broker/agency, and caused by any willful or negligent error, omission, or act of Professional Credit or any person employed by it or anyone for whose acts Professional Credit is legally liable. 24. Additional Responsibilities of Professional Credit: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Professional Credit 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. Professional Credit shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Professional Credit's negligent performance, except beyond the Professional Credit'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. Professional Credit's obligations under this clause are in addition to Professional Credit'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 Professional Credit for faulty materials, equipment, or work. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 7 of 10 — Last Revised: 02.16.23 Page 87 of 486 25. Audit and Access to Records: a. Professional Credit shall maintain books, records, documents and other evidence directly pertinent to performance of 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. Professional Credit shall also maintain the financial information and data used by Professional Credit in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. Professional Credit will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. The CITY reserves the right to review, audit, and examine any and all records obtained by Professional Credit relating to the Scope of Work (Appendix A). e. 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 Professional Credit; 2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 26. Covenant Against Contingent Fees: a. Professional Credit 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 contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Professional Credit 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. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 8 of 10 — Last Revised: 02.16.23 Page 88 of 486 27. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Professional Credit or any of Professional Credit's 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 Professional Credit 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 Professional Credit as it could pursue in the event of a breach of the Agreement by Professional Credit. 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 Professional Credit incurs in providing any such gratuities to any such officer or employee. 28. Clarification and Understanding of all parties: a. Professional Credit shall not assign its duties under the terms of this agreement without prior written consent of the City. Subconsultants identified in Professional Credit's response shall be permitted as being referenced herein. 29. Equal Employment Opportunity: The parties hereby incorporate by reference the Equal Employment Opportunity Clause required under 41 C.F.R. § 60-1.4, 41 C.F.R. § 60-300.5(a), and 41 C.F.R. § 60- 741.5(a), if applicable. a. Professional Credit shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. b. Professional Credit and subconsultants certify that they do not maintain segregated facilities or permit their employees to perform services at locations where segregated facilities are maintained, as required by 41 CFR 60-1.8. 30. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 9 of 10 — Last Revised: 02.16.23 Page 89 of 486 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and RAY KLEIN, INC DBA PROFESSIONAL CREDIT SERVICE by its authorized officer has made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE. ARKANSAS By: LION ELD JORDAN, MAYOR ATTEST By: Kara Paxton, City Clerk Date Signed: RAY KLEIN. INC DBA PROFESSIONAL CREDIT SERVICE By;a�"U GINGER 6TIV61RE, CHIEF FINANCIAL OFFICER Date Signed: 2/28/2023 RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 10 of 10 — Last Revised: 02.16.23 Page 90 of 486 CONTRACT FOR PROFESSIONAL SERVICES RFP 22-11, Collection Services APPENDIX A Scope of Work & Fees 1. INTRODUCTION: The City of Fayetteville engages Ray Klein Inc, DBA Professional Credit Service as the professional agency to provide the collection services described within this Appendix. Ray Klein Inc, DBA Professional Credit Service offers several additional capabilities and areas of expertise compared to those offered by various other collection agencies. SCOPE OF WORK: A. Summary of Services: a. Collection of overdue water, sewer, and sanitation accounts, on a monthly basis (utility billing) b. Collection of overdue miscellaneous municipal accounts, as needed (accounts receivable billing) Ray Klein Inc, DBA Professional Credit Service should be aware that all collected debts shall be turned over to the City of Fayetteville in full and then redistributed by the City of Fayetteville Ray Klein Inc, DBA Professional Credit Service at the rate of the contract agreement. The agency shall send payment to each City of Fayetteville division (i.e. Utilities Financial Services and Accounting) for the total amount of all collected debts for each division within fifteen (15) days after the end of each month. Ray Klein Inc, DBA Professional Credit Service shall provide the City with a remittance documenting the length each individual customer balance remitted was placed with the collection agency until collection to supplement each payment made to each City Division. The City of Fayetteville shall then redistribute the collection fee payment, via check, to Ray Klein Inc, DBA Professional Credit Service at the rate of the contract agreement within forty-five (45) days of receiving the agency's remittance. C. If the City of Fayetteville collects on accounts previously turned over to Ray Klein Inc, DBA Professional Credit Service, the City will provide a listing of the collected accounts to Ray Klein Inc, DBA Professional Credit Service so the agency may update the account balances in their system and cease collection efforts on any fully paid account. Subject to the limitations in paragraph 2(I) of this Scope of Work, the agency shall be entitled to their collection fee for any amount collected by the City after the account has been turned over to the agency. D. If the City of Fayetteville receives a notice of bankruptcy filing for an account previously turned over to Ray Klein Inc, DBA Professional Credit Service, the City will immediately notify the collection agency which shall immediately stop all collection efforts on the account. Ray Klein Inc, DBA Professional Credit Service shall turn the account back over to the City. E. If Ray Klein Inc, DBA Professional Credit Service receives information that the responsible party for an account placed with the agency is deceased, Ray Klein Inc, DBA Professional Credit Service shall notify the City of Fayetteville and shall transfer the account back to the City of Fayetteville with no fees assessed. Ray Klein Inc, DBA Professional Credit Service shall provide to the City of Fayetteville access to log into the agency's website. The website login access shall provide the status of the City of Fayetteville's accounts along with any collection activity performed by the agency. City of Fayetteville, AR and Ray Klein Inc, DBA Professional Credit APPENDIX A — SCOPE OF WORK AND FEES Page 1 of 2 — Last Revised 02.28.2023 Page 91 of 486 G. Ray Klein Inc, DBA Professional Credit Service shall conform to state laws regarding collection services from cities, including but not limited to Arkansas Code Ann. § 14-234-601 et seq. (Appendix A of RFP) and Arkansas Code Ann. § 14-229-103 (Appendix B of RFP). H. Ray Klein Inc, DBA Professional Credit Service shall conform to all local, state, and federal law and regulations, including, but not limited to, the Federal Fair Debt Collection Practices Act. I. All utility accounts collected by the Utilities Financial Services Division as a result of the procedures set forth in Arkansas Code Code Ann. § 14-234-601 et seq. (Appendix A of RFP) and Arkansas Code Ann. § 14-229-103 (Appendix B of RFP) shall become the property of the Utilities Financial Services Division with no fees assessed by the collection agency. 3. PRICING: a. Ray Klein Inc, DBA Professional Credit Service shall strive to make decisions based on what is best for the City. As such, Ray Klein Inc, DBA Professional Credit Service's compensation is structured as a flat collection fee. In addition, the City of Fayetteville Arkansas will be provided with many value-added collection services as part of the Ray Klein Inc, DBA Professional Credit Service service package. b. Ray Klein Inc, DBA Professional Credit Service shall receive 25% commission for primary collections and consumer payments made directly to the City. i. All services listed in Ray Klein Inc, DBA Professional Credit Service Core Services are included in our flat fee and Ray Klein Inc, DBA Professional Credit Service shall not charge any additional fees. ii. Any additional scope of work changes that result in additional fees shall have a change order approved by all parties in advance of work being conducted. City of Fayetteville, AR and Ray Klein Inc, DBA Professional Credit APPENDIX A — SCOPE OF WORK AND FEES Page 2 of 2 — Last Revised 02.28.2023 Page 92 of 486 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 22-11, Collection Services DEADLINE: Tuesday, November 29, 2022 before 2:00 PM, loce Pre -Proposal Conference: Tuesday, November 15, 2022 at 2:0.0 CPI a zoom Sr. Purchasing Agent: Amanda Beilfuss, abeilfuss fa etteville-aX DATE OF ISSUE AND ADVERTISEMENT: 11/06/2022 REQUEST FOR PR OSAL RFP 22-11 C 11%c(MOIServices No late proposals shall be accepted. RFP's shall e r�iitted t rou the third -party electronic bidding platform. Submitting through the City's electro�din ' '�ffm is r i d. All bids shall be submitted in accordance with the attached City of Faye ep cifica nd � ents attached hereto. Each bidder �� is required to fill in every blank and shall pp all info ion re ; failure to do so may be used as basis of rejection. Any bid, proposal, or st tements of qu I'tion l�jected that violates or conflicts with state, local, or federal laws, ordinances o i&s. Ix _ .40 The undersigned hereby offers to furnish & delil(the a or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and ge nditions of bidding, all of which are made a part of this offer. This offer is not subje withdrawal unless upon to written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Fir Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR RFP 22-11, Collection Services Page 1 of 17 State: Title: Phone: Date: Zip: Page 93 of 486 City of Fayetteville RFP 22-11, Collection Services Advertisement City of Fayetteville, AR Request for Proposal RFP 22-11, Collection Services The City of Fayetteville is seeking requests for proposal from qualified and experienced firms to provide Collection Services for miscellaneous municipal accounts for one (1) year with four (4) one-year renewal options, giving a possible contract term of five (5) years. Any questions concerning this solicitation process should be clirectq&V Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479) 575- 'o ► . Solicitation documents and addenda shall be obtained at the City of Fayetteville , ZTsing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Tue&"at4November 29 2022 before 2:00 PM Local Time utilizing the City's electronic bidding software. All proposa r e before the time stated. Submitting electronically is required. No late proposals shall be accepted. The City y tteviIle shall not be responsible for lost or misdirected proposals, or for failure of proposer's technical equipme t. A non -mandatory pre -proposal conference will be held Tum_d vember 15, 2022 0 PM virtually via Zoom. Information regarding the pre -proposal conference is availab e pr . t page on telectronic bidding platform. All interested parties are encouraged to attend. All interested parties shall be qualified to do busin licen c i ccorda itTi all applicable laws of the state and • local governments where the project is locate � �► ` Pursuant to Arkansas Code Annotated §22-9-20 he Cit ettev rages all qualified small, minority and women business enterprises to bid on and r *veontrac goo se ' s, and construction. Also, City of Fayetteville encourages all general contractors t bcontract rt oft it ontract to qualified small, minority and women business enterprises. I The Cityof Fayetteville res r tfie right to reject an a proposals and to waive irregularities therein and all artier Y � g 1 P p g p agree that such rejechal e without liability orh_ p rt of the City of Fayetteville for any damage or claim brought by any interested pa/rI use of such rejections, or all any interested party seek any recourse of any kind against the City of Fayettev cause of such rejectio41 filing of any Statement in response to this invitation shall constitute an agreement o rested party to th i ns. City of Fayetteville By: Amanda Beilfuss, City Sr. Purchasing Agent P: 479.575.8220 Email: abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 11.06.22 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $189.97. City of Fayetteville, AR RFP 22-11, Collection Services Page 2 of 17 Page 94 of 486 City of Fayetteville RFP 22-11, Collection Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. 7 10 0 A description of the Proposer's experience in providing the same the RFP. This description should include the names of the per�oI their qualifications, and the years of experience in performingJNN reference information requested in this RFP. Zr services as outlined in ill provide the services, pe of work. Also, include the The complete fee and cost to the City for all servic Pined in this RFP. Statement should be no more than twent, page (maximum) executive summary. I' limitations: appendix, cover sheet, 3-page than 1 page per person), and forms V7?9 a. Submitti economically, pro% requirements fortr are not req�ill�d*j proposal to twenl refepMc#s, and for ;5Tpages. Proposers slso submit a three (3) Ilowing items w4l o Nkount toward the page ativ S mary, re r resumes shall be no more he for Vion. 1F�s shall be prepared simply and ard, description of its ability to meet the lored displays, and promotional material ompleteness and clarity of content. Limit or less, excluding one -page team resumes, City for completion. Vctronic Submittal (Reli redl: Proposers can go to www.fayetteville-ar.gov/bids and follow the promp4sG7ubmit a proposal within the electronic bidding platform. All Proposers m: e ister in order to be able to submit. There is no fee for registration. (1 These of Adobe PDF files is strongly recommended. Electronic copies s all not be submitted via e-mail to City employees by the Proposer and shall be submitted using the City's electronic bidding portal. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. City of Fayetteville, AR RFP 22-11, Collection Services Page 3 of 17 Page 95 of 486 g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. In. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. ( j. Local time shall be defined as the time in Fayetteville, Arkansas ` , due date of the deadline. Documents shall be received before the deadline time as shovt�he atomic clock located in the Purchasing Division Office or electronic clock located in th&Q14's third -party bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATIOCOyz No oral interpretations will be made to any firms as to the e�ng of specifications or any other contract documents. All questions pertaining to the terms and c ti ns or scope of wor this proposal must be sent in writing via e-mail to the Purchasing Depar Responses to q�� may be handled as an addendum if the response would provide clarificat4 her ments oposal. All such addenda shall become part of the contract documents. y will no r e s o for any other explanation or interpretation of the proposed RFP made o rior ward a, ontract. DE SUPPLIES DSERVOS- AnyO ` 3 SCRIPTION OF SUPP I S AN manufacturer's names, trade nam rand n cata er, etc. used in specifications are for the purpose of describing and establishing gen a alit le I Such references are NOT intended to be restrictive. Proposals shall b)onsiderttted�rr ra s at meet the quality of the specifications listed for any items. Y V'0 ` 4. RIGHTS OF CITY OF F ILLE IN REQUEST FT)R PROPOSAL PROCESS: In addition to her rights of the City`o )yetteville, under state law, the City specifically reserves the following: a ity of Fayetteville rhe right to rank firms and negotiate with the highest-ranking firm. egotiation with an it divi� I Proposer does not require negotiation with others. V b. The City reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. City of Fayetteville, AR RFP 22-11, Collection Services Page 4 of 17 Page 96 of 486 The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. S. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection co ee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include svffi t information to allow the selection committee to thoroughly evaluate and score proposals. Each priopo I submitted shall be evaluated and ranked by a selection committee. The contract will be awarded phi, most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submissio 'roposals to the City any work performed in connection therewith, shall be borne solely by the P 14 (s). No paymentw' ade for any responses received, or for any other effort required of, or ma, thet ser(s) pr $Zntract commencement. C), 7. ORAL PRESENTATION: �•/ • • �,� An oral presentation and/or interview ma Request +hy fi cjt fTe selection committee s discretion. 8. CONFLICT OF INTEREST: O a. The Proposer repres+s that it pr e has nol eo and shall acquire no interest, either direct or indirect, whit 0ss( conf cNan nner with the performance or services required hereunder, a r id cl in C e ode Section 34.26 titled "Limited Authority of City Y Y Y Employee de Services o th IV Iq4- b. Theoser shall promptlyVA&i Andrea Foren, City Purchasing Manager, in writing, of all OI conflicts of intere r any prospective business association, interest, or other ervic'es stance which ma ce or appear to influence the Proposer's judgment or quality of being provi ed. Such written notification shall identify the prospective business association, interest o ircumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. City of Fayetteville, AR RFP 22-11, Collection Services Page 5 of 17 Page 97 of 486 10. LATE PROPOSAL OR MODIFICATIONS: 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/proposals. Proposers should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. !.b 11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: V a. The laws of the State of Arkansas apply to any purchase malt► der this request for proposal. Proposers shall comply with all local, state, and federal dir�ctivAs, orders and laws as applicable to this proposal and subsequent contract(s) includin not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Ente (DBE) & OSHA as applicable to this contract. �; b. Pursuant to Arkansas Code Annotated § 2 The City of Faygtt encourages all qualified small, minority and women business rise 5454id on a ive contracts for goods, services, and construction. Also Faye teW enco all general contractors to subcontract portions of theirct o► ied G s', inority and women business enterprises. 12. PROVISION FOR OTHER AGENCIES: G O Unless otherwise stipulated by the Proposer, oposer r s to make available to all Government agencies, departments, munihalities, and o es, roposal prices submitted in accordance with said proposal terms and con opc therein, an vernmental entity desire to buy under this proposal. Eligible us h can all st e of n s agencies, the legislative and judicial branches, ' V i political subdivisions es, local district sch I boards, community colleges, municipalities, counties, or other public a c s or authorities), whi4,h V desire to purchase under the terms and conditions of the contract. 13. COLLUSI �` The Pro oser, b affixing his or heh'r nature to this proposal, agrees to the following: "Proposer certifies p Y g g p p g g p that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of City of Fayetteville, AR RFP 22-11, Collection Services Page 6 of 17 Page 98 of 486 Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based t ereon, with respect to the services or any part thereof covered by this order, and such obligation shall sur ' ceptance of the services and payment thereof by the City. G 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: ` All standard terms and conditions stated in this request for pr I apply to this contract except as specifically stated in the subsequent sections of this docume take precedence, and should be fully understood by Proposers prior to submitting a proposal on this uirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSL,at I Persons with disabilities requiring reasonable acco tion rticipat proceeding/event, should call 479.521.1316 (telecommunications device f deaf), ner tha n days prior to the deadline. Persons needing translation of this docu II can he Cityetteville, Purchasing Division, immediately. `► . ` �G G18. O CERTIFICATE OF INSURANCE: D' O The successful Proposer shall prNideA Certifi bflnsura e accordance with specifications listed in this request for proposal, prior t°gomri�ence any k. Such certificate shall list the City of Fayetteville as an additional insured. s ari�ce sha in v N Nughout project completion. i 19. PAYMENTS AND INV�IN The Proposer m speMfy in their proposa he act company name and address which must be the same as invoices s r ted for paymdity �es�t of award of this RFP. Further, the successful Proposer is responsib immediately nourchasing Division of any company name change, which would cause in o change from sed at the time of the original RFP. Payment will be made within thirty days of invoice received.of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. City of Fayetteville, AR RFP 22-11, Collection Services Page 7 of 17 Page 99 of 486 b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the st day of the current fiscal period without penalty or expense to the City. [(��� 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR P��RSERS: a. The Contractor shall perform this contract. No assignm4tr4f subcontracting shall be allowed without prior written consent of the City. If a Propos nds to subcontract a portion of this work, the Proposer shall disclose such intent in the al submitted as a result of this RFP. In the event of a corporate acquisition and/ to the City within thirty (30) calendar 144 occurrence of said action, whichever ocpilA not be unreasonably exercised by Fity a corporate acquisition and/or(state, or federal laws. Action b , to assign or subcontract in is r 17onse purpose of this Agreement. Z` 22. NON-EXCLUSIVE CONTRACT: k 23 r, the Contractor ntractor's Irre1iLght to I ,, b u n ionflict' sIALorovide written notice )tc.Xch action or upon the this contract, which shall mited to, instances in which rest or are contrary to any local, a firm that has disclosed its intent exception shall constitute approval for Award of this RFP shall ' Ve no obl Non to utilize the Contractor for all work of this type, which may develop d g contract p riod. s of an exclusive contract. The City specifically reserves 4 the right to concurre t lontract with other c panies for similar work if it deems such an action to be in the City's best i est. In the case of m4�tdl-&-phase contracts, this provision shall apply separately to each item. LOBBYIrLgLobb in of selection committeeQ`bers City of Fayetteville employees, or elected officials regarding g request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, City of Fayetteville, AR RFP 22-11, Collection Services Page 8 of 17 Page 100 of 486 request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: W 27 A written agreement, in substantially the form attached, incorporating the RFP d the successful proposal will be prepared by the City, signed by the successful Proposer and presente e City of Fayetteville for approval and signature of the Mayor. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchi Division and enter information only in the spaces where a response is requested. Proposers may ttachment as an addendum to the RFP form(s) if sufficient space is not available on the original for fo e Proposer to enter a complete response. FP Any modifications or alterations to the original Rd for by the Propos hether intentional or otherwise, will constitute grounds for rejection of s i response. Any sVc ifications or alterations a Proposer wishes to propose shall be clearly state Pro s s RFP re and presented in the form of an addendum to the original RFP documents OTHER GENERAL CONDITIONS: G a. Proposers must provide th Citith th osals by an employee having legal authority to submit proposals on bell�ff of t os entire cost of preparing and providing p p � p �_ p p g p g responses shall be borne by the Pr( >. The City reserves kright to re all Proposers teyth sub m ;. This solicit is not to be constr doe-Ommit the city to pay4,00 tional information it deems necessary from any or kas an offer, a contract, or a commitment of any kind; nor costs incurred by Proposer in preparation. It shall be clearly d r od that any costs i c rreT by the Proposer in responding to this request for proposal is Proposer's own rig' xpense as a cost of doing business. The City of Fayetteville shall IS(o be liable for rei bu�ment whether or not the pro sal is accf for any expense so incurred, regardless of d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. City of Fayetteville, AR RFP 22-11, Collection Services Page 9 of 17 Page 101 of 486 Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.Bov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. Any information provided herein is intended to assist the Proposer ' preparation of proposals necessary to properly respond to this RFP. The RFP is designed 't ide qualified Proposers with sufficient basic information to submit proposals meeting rA, um specifications and/or test requirements but is not intended to limit a RFP's content�r�to exclude any relevant or essential data. Proposers irrevocably consent that any legal acti o oceeding against it under, arising out of or in any manner relating to this Contract shal ontrolled by Arkansas law. Proposer hereby expressly and irrevocably waives any clai nse in any said acticyrloroceeding based on any alleged lack of jurisdiction or improper v�r an i ar basis. ` The successful Proposer shall not he i� any pa is Contract or any monies due or to become due hereunder wit ritten t o i�ayetteville. In case the successful Proposer assigns all or an pa f any s due become due under this Contract, the Instrument of assignment s contai ausea tially to the effect that is agreed that the right of the assignee in*o any o due or come due to the successful Proposer shall be subject to prior liens ofall pe oirm d corporations for services rendered or materials supplied for formanc ser cRIIed for in this contract. PP + p� The succe s roposer's attention i irected to the fact that all applicable Federal and State laws, mu i I ordinances, and th&r and regulations of all authorities having jurisdiction over the s v shall apply to the co r! throughout, and they will be deemed to be included in the act as though writtei full herein. The successful Proposer shall keep himself/herself fully n ormed of all laws, r�di\S es and regulations of the Federal, State, and municipal governments or authorities in any mer affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, AR RFP 22-11, Collection Services Page 10 of 17 Page 102 of 486 City of Fayetteville RFP 22-11, Collection Services SECTION B: Scope of Services and General Information 1. PURPOSE & OVERVIEW: The City of Fayetteville invites vendors to submit proposals for the services of a qualified and experienced collection agency. Initial contract period will be for one (1) year from date contract is finalized and may be renewed for four (4) consecutive one (1) year terms. Services to be provided by the awarded proposer will include, but shall not be limited to the following: a. Collection of overdue Water, Sewer, and Sanitation accounts (Utility Billing) b. Collection of miscellaneous municipal accounts (Accounts Receivable Billiryg�7. Collection services are currently provided by Collection Bureau of Americp, ccounts are turned over on a monthly basis and the annual dollar volume can range between $1 to $300,000. Please refer to Appendix C for the 2020, 2021, and 2022 year-to-date bad debtc unts summary. This will provide information on the City of Fayetteville's account turnover volu recent years. Please advise, account turnover for 2022 year-to-date is substantially higher tha sous years due to backlogged account turnovers from years 2021 and 2021. The City suspendedCo ection activities on account balances from those years due to the COVID-19 pandemic. O The City of Fayetteville will provide the following i won awardey for collections: a. Name b. Account Number c. Customer Number cp _^vv� d. Service Address e. Last Known Mailing Addr f. Phone Number g. Social Security N %*or Feder t�PN h. Driver's Licens r I umber i. Amount 0 ed I�F Co 2. SPECIAL CO JWI S: . �� a. Du the duration of th on'ct, the City of Fayetteville reserves the right to review, audit, and/or examine any and all records tained by the collection agency pertaining to accounts, debts, and records turned over by the City of Fayetteville. In the event of termination of the contract, any and all records pertaining to City of Fayetteville accounts, debts, and records shall become the property of the City of Fayetteville and turned over accordingly within thirty (30) calendar days after termination of the contract. b. The City of Fayetteville reserves the right to accept or reject any or all proposals, waive formalities in the bid process, and make a bid award deemed to be in the best interest of the City. City of Fayetteville, AR RFP 22-11, Collection Services Page 11 of 17 Page 103 of 486 c. Accounts, etc. will be turned over to the collection agency at the sole discretion of the City. Any account or debt that is subject to the City's appeal process will not be turned over for collection. Only debts with past due amounts of 90 days or older will be referred to a collection agency. d. The City of Fayetteville may refer water, sewer, and sanitation accounts (Utility Billing) to the agency on a regular monthly basis. District Court fines may be submitted to the agency on an as needed basis only and are not a primary scope of this RFP. Miscellaneous municipal billings (Accounts Receivable Billings) may be submitted to the agency on an as needed basis. In instances where a credit adjustment is made to debts that have already been submitted to the agency, the City shall notify the agency of the adjustment and the amount due on the debt shall be changed with no payment due to the agency for the credited adjustment amount. 3. LICENSING AND EXPERIENCE REQUIREMENTS: V •G a. The State Board of Collection Agencies (SBCA) regulates collect' `ncy activities in Arkansas. Collection agencies must be licensed if: (1) they are located ansas or (2) they contact consumers in Arkansas. The SBCA works to protect creditors who g',//� accounts to collection agencies to be collected and consumers who are being contacted by colll on agencies. It is the goal of SBCA to prevent undesirable collection actives, ensure com a e with Arkansas de ollection laws and educate Arkansas consumers of their rights h� d ing with a collectio ncy. Information on the SBCA can be found at- www.a or b. Agencies submitting proposals &und.,,Cnvitat' + II beb n companies properly authorized to do business is the State of AAgen II sho �o of bonding certificate and licensing from the State Board of Collectcie �n tvi. 1endar days of contract award. Bonding certificate and any requir license shaebept curN.it hroughout the term of this contract. Proof of bonding certificate N Insing su i ed within forty-five (45) days before each renewal period. If the age i�s i sed sin ther states, please specify the states in which the firm is licensed d usiness. c. Collectio nci s responding to ;ht�JP shall provide the following criteria to qualify for consi • �� �i. Description of hie past history in collections. ii. Statement of hong the agency has been in existence. iii. Submission of at leave five (5) current references, including contact person's name and phone number. This list shall also include the average percentage of debts collected for each reference listed. iv. Submission of rate in which the agency proposes to bid for cost of services. v. Submission of rate in which the agency proposes to bid for cost of services for accounts that have been sent to the agency, but has been collected in house by the City of Fayetteville, and asked to be returned back to the City and close the account at the agency. vi. Resumes of all project team members (maximum one page per resume). City of Fayetteville, AR RFP 22-11, Collection Services Page 12 of 17 Page 104 of 486 4. SCOPE OF WORK AND CONDITIONS: a. Collection agencies making proposals should be aware that all collected debts shall be turned over to the City of Fayetteville in full and then redistributed to the contracting collection agency at the rate of the contract agreement. All payments made by customers for debts that have been turned over to the collection agency shall be paid directly to the agency. The agency shall send a separate check to each City of Fayetteville division (i.e. Utilities Financial Services and Accounting) for the total amount of all collected debts for each division within fifteen (15) days after the end of each month. The City of Fayetteville shall then redistribute the collection fee payment to the contracting collection agency at the rate of the contract agreement within forty-five (45) days of receiving the agency remittance. b. After an account has been turned over to the selected collection agenc eAgency shall have one full year (365 calendar days from date turned over) to collect any fu he agreed upon contract rate. In the event an account is turned over to the collection age one year passes with no funds collected, the account shall be turned back over to the the selected contractor shall take a reduced rate, flat fee, or preferably NO fee. Proposers sshh ress this desire in RFP response. c. If the Cityof Fayetteville collects on accounts reviou I tQ�Fied over to the selected collection Y p Y agency, the City will provide a listing of the collect counts to the select�l�ollection agency to be removed from collection efforts by the agency'` O d. If the City of Fayetteville receives a notic krup cy g for a unt previously turned over to the selected collection agency, th I i ly notii Ilection agency which shall immediately stop all collection effo s the ac he`I'tc n agency shall turn the account back over to the City. Cj 0 e. The selected agency shall provide to th of FayePo access to login to the agency's website. The website login acce hall provi tat the City of Fayetteville's accounts along with any collection activit t Nt 's a e b the agency. If the selected agency does not Y � Y p Yg Y have a websit ir documen tion ollection activity done by the agency will be required when request City of Fayettevil staff. f. All pr Rashall conform to st �V-601 �regarding collection services from cities, including but not li Arkansas Code Annit et seq. (Appendix A) and Arkansas Code Ann. § 14-229- 10 ppendix B). 0 g. Collection agencies shall comply with the Fair Debt Collection Practices Act. Any violations of the Fair Debt Collection Practices Act by the Proposer shall be disclosed with the RFP response. All utility accounts collected by the Utilities Financial Services Division as a result of the procedures set forth in Arkansas Code Code Ann. § 14-234-601 et seq. (Appendix A) and Arkansas Code Ann. § 14-229-103 (Appendix B) shall become the property of the Utilities Financial Services Division with no fees assessed by the collection agency. In the event a flat collection fee is proposed, regardless of collection balance, the City desires a tiered recovery chart for all accounts turned over to collections. Proposers shall provide tiered pricing City of Fayetteville, AR RFP 22-11, Collection Services Page 13 of 17 Page 105 of 486 structure to provide a higher fee for accounts collected immediately vs. accounts that are not collected for 6 months, 9 months, etc. It is the desire of the City to contract with an entity that can demonstrate adequate knowledge and experience for collection efforts. 5. INSURANCE: By executing an agreement, auditor certifies that it is aware of the provision of A.C.A. §11-9- 401, which requires every employer to pay or provide compensation for an employee's disability or death from injury arising out of or in the course of employment and certifies that it will comply with such provisions before commencing the performance of this proposal. Vendor shall submit a sample Certificate of Insurance (COI) showing the curre� s of liability with RFP response. The City does require professional liability insurance, workers co tion insurance, and auto insurance as applicable to company structure. Certificates of insurance s��coverage indicated within the sample COI shall be delivered to the City prior to issuance of Notice t eed and shall be maintained throughout the contract term. n• 6. MISCELLANEOUS PROVISIONS: a. Periodic progress billings may be submitted as�w gresses, but not mkPIten than monthly and not more than 75% of the estimated cost of avic hall be paid, ri g the yearly audit period. The remaining 25% shall be paid upon deliv ry the c ted au b. The auditor shall keep the City ad of p ' n nd a anges in financial disclosures, accounting practices, and repo r elines h wo ' ct the City and its financial records and shall be available for consu ati n and cl ' i tion o utters. 7. PROPOSAL CONTENT: Proposa haq be pr ed si lyy economically, providing a straightforward, concise description its ability eet the r re r the project. Fancy bindings, colored displays, and promotional material ar ot*required. sis be on completeness and clarity of content. 8. CONTRACT FORMATIOI • f the negotiation pr uces mutual agreement, a contract will be considered for approval by th y o Fayetteville City cil. If negotiations with the highest-ranking Proposer fail, negotiation&—rilt initiated with th highest-ranking Proposer until an agreement is reached. The City reserves to reject all offe ' the process without executing a contract. The initial term of the collection s ices contract shall be for a period of one (1) year, starting with the date approved by the Fayetteville City Council. The contract shall be renewable by mutual consent, at a mutually agreed fee on an annual basis thereafter for four (4) additional years, for a total contract term of five (5) years. The contract may be terminated by either party by giving the other party written notice of such intent not less than sixty (60) days prior to the effective date of the termination. In the event of termination, claims for compensation owed the consultant by the City shall be limited to verifiable services rendered. 9. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation City of Fayetteville, AR RFP 22-11, Collection Services Page 14 of 17 Page 106 of 486 of the selection committee. Following the evaluation of the proposals, the Selection Committee may request that the top-ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the firm. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 25% Experience, Competence, and Capacity for Performance: Vormation reflecting the names, titles, and qualifications (including experience and cal competence) of the major personnel assigned to this specific project. This Jude but not be limited to: quality of representative projects, experience I uccess with public/private development projects, financial capacity to compldeliver the project. 3) 20% 4) 20% 5) Proposed Method of Doing Work: A prop k plan (description of how the project would be conducted as well as other fact ncerning approach to scope) indicating methods and schedules for accomplishiope of work. Inclu with this the amount of work presently underway. This als nudes but is not lim o degree to which the preliminary development conc d si sign mneRFP requirements and preferences, proposed buildi pletion tive a dule, demonstrated market viability, and demonstrat c berae A • Past Performance: re 30 eval shall b �i'sidered a significant factor. If previous evaluations with t ity ar avai I e professional firm's past performance records with �ty a d othe e use , i luding quality of work, timely performance, diligence, dd airy oth ne i ormation. Firm will provide a list of similar jobs perfor e an per s m t an contact for information. 15% C t IFs. Complete costswfees as described in this RFP, financial viability for ns ruction and deliv�r the proposal including fiscal feasibility and financial stability. Z.X. financial analysis, i lud g a comprehensive risk assessment shall be conducted and ,qQsubmitted with re rn to ensure the proposed partnership meets the fiscal needs of the project with a ac table level of risk. 10. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this solicitation as additional information: a. Appendix A: ACA 14-234-601 b. Appendix B: ACA 14-229-103 c. Appendix C: 2020, 2021, & 2022 YTD Bad Debt Accounts Summary City of Fayetteville, AR RFP 22-11, Collection Services Page 15 of 17 Page 107 of 486 City of Fayetteville RFP 22-11, Collection Services SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your respo Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result=► ur response. This form must be completed and returned in order for your bid/proposal to be eligibly fir cPsideration. `V PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP RIO APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS V 2) RELATIONSHIP EXISTS (Please expla � � V ,V �►' I certify that; as an officer of this organization, e a letter rization, am duly authorized to certifythe information provided herein are a e and d r�ization shall comply with all State p �� pY and Federal Equal Opportunity and Non- iscr ation emeni conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, t Titractor as and certifies that they do not currently boycott Israel and will not boycoNrael durin am ich they are entering into, or while in contract, with any public entity as defy dtn §25-1-5 t a during contract the contractor decides to boycott Israel, the contractor m of the contra ed tity in writing. 2. PRIMARY CON FORMATION At the discretio h City, one or mor i may be asked for more detailed information before final ranking of the firms may also includ r views. NOTE: Each Proposer shall submit to the City a primary contact name, -mail address, and pnumber where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Phone#1 (cell preferred): E-Mail Address: City of Fayetteville, AR RFP 22-11, Collection Services Page 16 of 17 Title of Primary Contact: Phone#2: Page 108 of 486 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. PRICING: • G Pricing shall be attached as a separate form. Reference RFP for details on III pricing shall include. 5. DEBARMENT CERTIFICATION: Qj As an interested party on this project, you are required to provide rment/suspension certification indicating in compliance with the below Federal Executive Order. Certifii n can be done by completing and signing this _ form. O Federal Executive Order (E.O.) 12549 "Debarment n�uspe . n requir t all contractors receiving individual awards, using federal funds, and all pients c tify hatt nization and its principals are not debarred, suspended, proposed for debars, declarr igibledfuntarily excluded by any Federal department or agency from doing busine ie Fedbvern Signature certifies that neither you nor yo�ncipal ntl d d, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from ation transaction by any federal department or agency. uld be dir ted o ity of Fayetteville Purchasing Division. Questions regarding this fo IT, NAME OF COMPANY• 01 PHYSICAL ADD • MAILING ADD SS: PRINTED NAME: PHONE: FAX: E-MAIL: SIGNATURE: TITLE: DATE: City of Fayetteville, AR RFP 22-11, Collection Services Page 17 of 17 Page 109 of 486 Appendix A Page 1 0' LexisNexise 1 of 1 DOCUMENT Arkansas Code of 1987 Annotated Official Edition © 1987-2016 by the State of Arkansas •G All rights reserved. ` *** Current through the Second Extraordinary Session 2016 of th h eneral Assembly *** Title 14 Local Governme Subtitle 14. Solid Waste Disposal, Waterwor s, A Sewers Generally Chapter 234 Waterworks an r Supply Subchapter 6 -- Collection o;� ent Water Bills `O GO TO CODE ARCHIVE DIRE40T FO JURIS • 1�iON A. . �1W/134-1 61 • 14-234-601. Definitions. O `` G � As used in this subchapter: O not for profit, that provi members of the general water, wastewa users, inOicipa lc (B) Counties; s an entity laws of the State of Arkansas, whether for profit or stores raw or potable water for the benefit of other users; and -m"Vans any entity that provicINdistributes, transmits, treats, pumps, or stores raw or potable sewage for the benefit o rs of the general public and commercial, industrial, and other ut limitation, the followilg eAtTties that perform such activities: (C) Public facilities boards; (D) Public water authorities; (E) Central Arkansas Water; (F) Regional water distribution districts; and (G) Water associations. HISTORY: Acts 2003, No. 769, § 1; 2007, No. 360, § 1. Page 110 of 486 Page 2 A.C.A.§ 14-234-601 HIERARCHY NOTES: Tit. 14, Subtit. 14, Ch. 234 Note Tit. 14, Subtit. 14, Ch. 234, Subch. 6 Note Page 111 of 486 Appendix B Page 1 0' LexisNexise 1 of 1 DOCUMENT Arkansas Code of 1987 Annotated Official Edition 500, (0 1987-2016 by the State of Arkansas e) •G All rights reserved. ` *** Current through the Second Extraordinary Session 2016 of th h eneral Assembly *** Title 14 Local Governme Subtitle 14. Solid Waste Disposal, Waterwor s, A Sewers Generally Chapter 229 General v ons GO TO CODE ARCHIVE DIREC • OR IS JURISDI,\A i A.C. -103 (016 14-229-103. Termination of water service. ` ` ♦ G O (a) A municipality owning or operating a b] sewer sewer ement district that provides sewer service to its citizens may request a ater association �r impr istrict, or a water authority that provides the water service to terminate the wht�sePYice to a si nt w s de ' uent at least thirty (30) days in making payment to the municipality for Jl er service ooste v' e. (b) The water associ 'oVifor wterr improve ent dis water authority shall send notice to a person who is delinquent in making jayme sewer service or e service of the date the water service will be terminated and shall terminat e water service upon that date unl the balance due the municipality for sewer service or solid waste service i [CO (c) T er association, water impr t district, or water authority shall terminate the water service upon certific e municipality that pafi. 1 Is more than thirty 30 da s�lin uent in making payments for sewer service or solid waste service; and () rt1' ( ) Y q g p Ym > (2) Has been sent notice of the termination of the water service as required under subsection (b) of this section. (d) As used in this section, "water authority" means the public body politic and governmental entity organized under the Water Authority Act, § 4-35-101 et seq. HISTORY: Acts 1995, No. 717, § 1; 2009, No. 195, § 1. NOTES: Amendments. The 2009 amendment inserted "or water authority" or similar language in (a), (b), and (c); inserted "or solid waste service" in (a), (b), and (c)(1); redesignated (c) and substituted "as required under subsection (b) of this section" for "by the municipality" in (c)(2); added (d); and made related and stylistic changes. Page 112 of 486 Appendix C ACCOUNTS SENT TO COLLECTION 2020 ACCOUNTS SENT TO COLLECTION 2021 ACCOUNTS SENT TO COLLECTION 2022 YTD DATE COUNT AMOUNT DATE COUNT AMOUNT DATE COUNT AMOUNT 3/2/2020 196 $36,150.55 5/28/2021 214 $27,402.27 2/18/2022 627 $92,972.09 3/10/2020 920 $120,383.84 6/21/2021 182 $25,387.23 4/22/2022 1,859 $326,047.08 8/27/2021 681 $80,086.70 022 2,276 $772,116.93 1,116 $156,534.39 1,077 $132,876.20 *` 4,762 $1,191,136.10 Page 113 of 486 CITY OF FAYETTEVILLE AR KAN A RFP 22-11 Addendum 1 Ray Klein Inc, dba Supplier Event Information Professional g0dit Response_ Number: RFP 22-11 Addendum 1 Title: Collection Services O Type: Request for Proposal G Issue Date: 11/6/2022 Deadline: 11/29/2022 02:00 P ' Notes: The City of Fayette i seek' que ro osal from qualified and experienc fi s to pr olle ti ervices for miscellaneous mu Icipal nts f 1) year with four (4) one- year reneNII options, a possibl-o'a'�ontract term of five (5) years. Any qu ionk concer this solicitation process should be directed to HVdJ Beilfus , y of j ayetteville Sr. Purchasing Agent, at it s@fayette�cille-ar. % ev Contact Information Contact: Amanda Beilfu� Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Ray Klein Inc, dba Professional RFP 22-11 Addendum 1 Credit Page 114 of 486 Ray Klein Inc, dba Professional Credit Information Address: PO Box 7548 Springfield, OR 97475 Phone: (866) 320-6527 Web Address: professionalcredit.com By submitting your response, you certify that you are authorized to represent and bind your company. Tyler Honce tyler@professionalcredit.com Signature Email Submitted at 1112912022 01:22:04 PM (CT) Requested Attachments -.Cje) RFP 22-11, Collection Services ,[-"*1 Fayetteville, AR Proposal 2022.pdf Please attach the signed and completed RFP form, located in the 'A � s' tab, along with any additional documents. C3 Response Attachments e'!�\ #61 Fayetteville Pricing Page (1).pdf Pricing Page Page 2 of 2 pages Vendor: Ray Klein Inc, dba Professional RFP 22-11 Addendum 1 Credit Page 115 of 486 Professional Credit Proposal For. RFP 22-11 , Collection Services City of Faye?ille, AR xOC) � *+ resented By: Ray 011 c., DBA Professional Credit Tax ID: 93-0586455 ep lqj Tyler Honce Sales Executive tyler@professionalcredit.com 360-567-4983 400 International Way Springfield, OR 97477 AM Executive Summary 4 Scope of Work & Conditions nn� 5 A. Written Narrative of Method & Manner 6 •G Collections Workflow ` 7 B. Description of Experience 19 Personnel Qualifications 20 References • ` 30 �O Client Tools 31 G G • �, Our Unique Technology `Qj . 32 Overview of Onboarding Pr a► 33 Data Security � (�, � 34 Professional Credit ' a somplia vper 35 Signature Sub ae 36 Sample Rep Letters 38 01 Page 2 of 44 Page 117 of 486 y Dear City of Fayetteville, The team at Ray Klein Inc., DBA Professional Credit ("Professional Credit") appreciates the opportunity to submit this proposal to the City of Fayetteville, AR, in response to your RFP #22-11 for Collection Services. We understand how unpaid accounts are an obstacle hindering the ability to provide valuable support to the City's community. We believe we are the right agency to fulfill the scope of work outlined in RFP #22-11 and enter into a contract with the City. Your contact for this project will be Sales Executive, Tyler Honce. Professional Credit combines cutting -edge technology with a dedication to consumer well-being reflected by our belief that consumers truly want to resolve their financial obligations. We are committed to establishing a partnership based upon mutual trust and quality services with the following advantages: • National collection agency, licensed to collect throughout the United States. • We currently collect for over 950 state, county, municipal, healthcare, and 11u G clients, utilizing our 89 years of experience in collecting for government entities. • Strong and established relationships with similar clients such as the Ciro rtland Water Bureau, City of Tucson Water, Tampa Electric, and Black Hills Electric. • Dedicated Behavioral and Data Science teams that, with the hech analytics technology, constantly monitor agent and consumer behaviors for opportunities to imp v ollection processes and consumer interactions. • We are 99.99% complaint free —that's only one compla 1 ',000 contacts. • Bilingual Spanish-speaking staff, Spanish languag a1cM tutorial videos, and rea ' e translation services with access to 230+ languages are availa • We emphasize rigorous regulatory and data se ri mplian Qd multipl dent audits and certifications to prove it, including SOC 2 Ty ificati nstand ata security, and an A+ rating with the BBB. • We use 20+ data vendors who have a countl 6 bases, h tter enables us to find consumer information and resole It is our honor to share the detailsKProfessional Cre rnque m ogies and value with the City. We thank all participating members of the reviea*or their n 'aeration and�orward to a successful working relationship in the future. Sincerely, D l i Jeff Johnson Chief Client Officer 541-335-2207 jeff@professionalcredit.com 400 International Way Springfield, OR 97477 ProfessionalCredi t.com Tyler Honce Sales Executive 360-567-4983 tyler@professionalcredit.com 400 International Way Springfield, OR 97477 Page 3 of 44 Page 118 of 486 Executive Summary Professional Credit was founded in 1933. With a strong presence as one of the and most -established agencies in the US, Professional Credit has 89 years of success collecting for the government, healthcare, and utility industries. We have more than 120 employees and our corporate headquarters are in Springfield, OR. Because we are licensed to collect in every state, we do business across the United States. We provide collection services to 950 municipal and state government agencies, utilities, andPv2althcare clients. Our collectors follow strict guidelines regarding the release of consumer information and collec ays follow the guidelines of the Fair Debt Collections Practices Act (FDCPA) when discussing accoun he responsible party. Our conservative approach to compliance even has our collection processes followlf� elines of FDCPA for those miscellaneous AR accounts that may not fall under the FDCPA. It is our aim to transform the receivables management industry by pr dapting to evolving consumer communication preferences and empowering our staff to effectively colla e on ways to resolve financial obligations. With cutting -edge industry technology, we study cons rends and deploy advanced automation and analytics to continually improve collection strategies and intgrnS�t sses. By employing a nsive technological resources, we are able to ensure we are delivering the ma ' turn our clients. 0 Professional Credit offers unique technological re ou �providi g co enient nd full transparency to collection activities and account management th� sec Tools o rtal. Clients can access recordings or transcripts of any consumer call g Mrough o e port ition, we provide a thorough review of our performance and collabora wit r client inuously e our service. V We also make it easier for consu s thgough our by that pe—��yE want to pay their bills, but may need help and guidance. We focus on etive,l►omplian sitivg ement by employing behavioral science, data science, and advanced analyti�he'd cs. ll► additi to hav i1�l�iost comprehensive and convenient access for consumers to manage flit unts and c munic through online and mobile self-service tools, texting, chat, email and our service center. our emphasis on ethics and evidenced -based practices, Professional Cr ' is u ' ue in our industry, allo ing to provide better value for our clients and their consumers. Professional is a private C Corporation I our executive leadership team including CFO Ginger Patmore, Chief Ope icer Carl Christense e Client Officer Jeff Johnson. This team reports to the board of direct , h re not directly involve i"o-day operations but provide oversight to the organization. ProfessionalCredi t.com Page 4 of 44 Page 119 of 486 Scope of Work & Conditions In the following statements, you will answers to questions A-J in your Scope of Work & Conditions. A. Professional Credit understands that the City requires a gross remittance of all collected fees to be sent from Professional Credit to the City. Professional Credit will set up two separate client accounts - one for Utilities Financial Services and one for Accounting. Payments will be sent separately to each of these departments no later than 15 days after the end of each month. A separate invoice will be sent to each of these departments for the collection fee that is owed to Professional Credit. /►_ B. Professional Credit understands the importance of reaching out to consumers early i Ilection process to get the best possible recovery on accounts. We know that the earlier we contact consuM t more likely they are still at the same address and have the same phone number, that is why our team reach; almost immediately, and continues to reach out to the consumer throughout the time the account is with Professional Credit. Our Collectors take the approach of requesting payment in full and then offer payment arrarAnm%nts if payment in full is not an option for the consumer. Professional Credit agrees that any account t at is ngt paid/settled in full, in a payment plan or in a legal status 365 after placement will be canceled back to the Cit at no additional fee. r C. Professional Credit would like to ensure that the City is referrin Il'aonsumers that have been placed with Professional Credit to our collection team. In most cases, a r-or u reaches out to the on al creditor (in this case, the City) because of our collection efforts (the mess eave d letters we se we therefore request that payments not be accepted by the City fora placed ith frofessio . In the event r Professional Credit has not performed collection effo payment en by tM rofessional Credit i agrees to cancel that account back to the City a nal fge ` D. Professional Credit agrees to immediat s p o ection e(fohen a tcy is identified. Part of our process to ensure we are not contacting ons s wher is ma ded in a bankruptcy is to perform a bankruptcy scrub on all accounts at the ti placem �`"' h us. I a�tcy is identified, we will notify the City and send the account back to the ity. Professional i Iso pe s ngoing bankruptcy scrubs on consumer accounts. If a bankruptcy is id e tif�t by point ri the coil do ocess, all collections will cease and the e Cit account will be canceled back V y. E. Professional Credit p s continued inve ment in y, which includes our secure, online client tools portal. This portal provides 1/31 9ccess to clien to vac 'ty on accounts placed with Professional Credit including collection notes, ayme nd adjustments taken, a ss o recorded collection calls. Along with account viewing, numerous ca d nd c stom reports are avai%�la�,, an exportable via Excel. F. Profes i Cr dit agrees to confor 14 f able Arkansas state collection laws. G. Pro sional Credit complies with all Iicable laws and regulations including but not limited to the FDCPA. Page 5 of 44 Page 120 of 486 Scope of Work & Conditions cont. I. Please see our attached section C - Fee and Cost for an overview of Professional Credit's knowledge and experience. Professional Credit would like to point out that recovery is based on a number of factors, not just the age of placement. Recovery rates are very important to both Professional Credit and the Cities we partner with. Professional Credit's goal is to achieve the highest recovery possible. Two things that can greatly impact recovery are the age of accounts at the time of placement to debt collections and the amount of consumer information that is SIS.,lThe following list displays the increased recovery percentage a City can expect when the following data ele e provided for both municipal court and miscellaneous accounts. • Date of birth = 5-10% • • SSN = 5-10% ` • Cell phone = 2-5% • Email = 2-5% • Driver's license = 2-5% • Employment information = 2-5%. The following table displays the recovery rates for clients wliW,lccount types similar the City. • v Age of Account ecov ` 0-90 days 4 ` 91-180 days 180-365 days 15. 0/6 365+ days o V 'I �_" J. Professional dit's perience collecting on ebt an be found on the following pages under Professional Credit's Met Manner section of this pro r I. Page 6 of 44 Page 121 of 486 N Professional 71 Credit At Professional Credit, we understand that collecting on past due utility and miscellaneous AR accounts requires specialized care. Our staff has been providing compassionate collections to major government agencies for 89 years. It is our philosophy to listen to each consumer, consider their circumstances, and to offer opportunities to pay that benefit both the consumer and our client. Each of our collectors signs a pledge signifying their commitment to treating every consumer with the utmost respect. !+_ Professional Credit knows that speed is important. For those accounts missing goof p address information, we will use our Proprietary Waterfall system to obtain new data so we can quickly ce e consumer. 1l We do an initial bankruptcy scrub, daily bankruptcy scrub for accounts ain 4�,-ti criteria, and a weekly deceased scrub. This, too, optimizes dollars collected.' We use purchased data when necessary, advanced skip-tracin eeded, and a focus on stablishing payment plans whenever possible. The content of our letters and w b♦�nication make this poi sistently. To optimize the amount collected, our collectors u� advanced methods of ski tracing, g p g, including use ` � proprietary Robust Monitoring. This techni p1los us to determine which patients are able to p . Wus �" the majority of our efforts on these consum . We als�j� use Robust Monitoring technology�aler�us whe v positive events happen in thes onsuTners' liv ♦P#e n we re come the uestion the acquisition of anewjo or p�Rchase car, n.?..we see a positive change in which suggest an increa e a ility to pay. e payment plan values. Our behav' al entists help us to use Ian at produces the best possible outcome, and encourages the consu t e cooperative while taki Their financial responsibilities. Having the right conversations, using the ri age, at the right time, wi a right consumer, contributes to maximum recovery efforts. We recognize that signs antly greater success in recovery is a result of a more sensitive, compassionate, yet direct approach, than the traditional hard and fast approaches of the past. On the following pages, you will find a detailed description of our phased collections methods. ProfessionalCredit.com Page 7 of 44 Page 122 of 486 Collections Workflow 74,4D PRE PA RAT I OFJ We can and will file reports with all three national credit bureaus, where permitted on all accounts with a combined balance of $50 or more. We can pursue account. we are provided an email address for the consumer. We can accept all forms of p portal, by phone, or by mail. )ursue collections of $25 or more if our online payment J1�L! CG Accounts are scrubbed initially to determine prob Mle, payment. hose accountelihood of payment will be validated and receive several communications v' mai d email. c nts with missing or incorrect contact information will be processed thro r roprietar at all skip- d ystem. V 0% Our trained attempts ar The contact consumers. We continue with additional contact Mors who have access to an extensive number of databases. Page 8 of 44 Page 123 of 486 N Professional 71 Credit In early stages of preparation, Professional will provide the City with a dedicated, toll -fry phone number to connect consumers with live representatives. A'S, •G Send Accounts in Any Convenient Format ` The City saves time and effort when transferring accounts to Professional Credi se we accept all file formats. You can also use EDI (Electronic Data Interchange) to standardize accounts nd them electronically. Many clients deliver accounts through our Client Tools website, an online ount management portal for clients. The Client Tools website is encrypted and secured through: • TLS (Transport Layer Security) • O • SCP (Secure Copy) �` • SFTP (Secure File Transfer Protocol) G' • • Encrypted email `V ` JIQ We will accept any file format you use a se a value Jo,e. Timely Acknowledgment That We Have ceived fits When the City first sends electroni d/sf paper f' shave acceVfo the Acknowledgment Report on the Client Tools website. The Acknowledgmen is accounts signed Nzion alphabetically and provides: • The' iCtysa o umber • Our a Is a count number • S ce formation and balance • f accounts in months Within 2 ours, you will know that experienced collectors are servicing accounts. ProfessionalCredit.com Page 9 of 44 Page 124 of 486 N Professional 71 Credit r UJv1-f1-1`j JE-J.,, We Screen New Accounts for Bankruptcy Filings and Deceased Consumers When your accounts load, we automatically run a "scrub check" which will: . 0 V • Check for bankruptcies on a daily basis for accounts in a legal status. •�G • Review the Social Security Administration's weekly report for deceased n uers. Through this "scrub check," we: • Address the legal requirements of the bankruptcy process • Offer consumers and their families the utmost respect in a icul ime While many government accounts are not subject to disch r�process still gives us il! �11 o the circumstances of the consumer so we can be respectful and effective �V" o G • �, o � ProfessionalCred it.com Page 10 of 44 Page 125 of 486 N Professional 71 Credit z We Immediately Begin the Collection Process on Accounts We will be both thorough and speedy in recovering revenue. We begin Phase 2: Initial Ins Activity within 72 hours after accounts load. Professional Credit focuses our recovery efforts on the a �� that will produce the most recovery for clients. Using a proprietary propensity to pay scoring model, accour as e scored and segmented to align appropriate work efforts. Professional Credit has not only recovered moi4dglars with this method, we have also reduced the number of complaints received. Our agency's communicates arVesigned and scripted by our Behavioral Science Team and clearly explain the account's delinquent atus! Written notifications include: • A toll -free telephone number. • Directions to access easy to use online payment optior� ♦ v i�► • Locations where the City's consumers can pay in V We use a Non-FCRA score on 100% of our accougs urchas d p bility to ore applicable to all consumers and does not use credit bureau data.bffally, d► ze the ei ess of our initial communications, we: �^ • Include disclosures required uni • Use in-house legal specialists a for legal compliance. K Act). eview attorneys to check letters • Apply four different re bilit;kscores letters ,�r 1@s effective as possible for a broad array of audiences. ��` • Send letters i i'for the City' Spanishts�eafcir� consumers. • Use in ut fr havioral Science Team to ensure that letters are persuasive, clear, and respectful. p p p Our largeq)A 4s facility located in Sprin R, uses an automated outbound dialer. This dialer: • (Telephone Consum tc�fon Act) compliant. • es list of accounts to be c ed at regular intervals. Our Problem -Solving Collectors Are Here to Help Consumers When consumers answer, collectors: • Update consumers' contact information. • Document reason for delinquency. • Use problem -solving skills to resolve consumers' financial obligations. • Obtain payment in full or set up payment plans. ProfessionalCredit.com Page 11 of 44 Page 126 of 486 N Professional 71 Credit We Escalate our Efforts and use Additional Resources if we are Unable to Make Contac Phase 2. If we receive no response during Phase 2: Initial Collections Activity, we move the account e 3: Advanced Collections Activity. •G Our ACA International -Certified collectors use extensive resources to maximize ty's recovery. Our collectors: • Carefully review previous work on accounts. • Use data analytics to find the best strategy for collecting account • Use advanced collections techniques to ensure the City r ceVs the most recovered revenue as possible. We use a Non-FCRA score on 100% of our accounts. It's u sed ability to pa s �plicable to all consumers and does not use credit bureau data. 0 rr p�ra Anal { ss T�m all ecialize in collecting utility and miscellaneous AR accounts V y V • Streamlining the collections process to e Cit • ei a the re revenue sooner. . G�` Analyzing account attributes. � �► • Giving our agency an accurate a esent of out 'k ''hood aQI1 1 g an account. • Determining the most effejt�ive and efficient c on strat an account. •_�C "Daily Huddles" are a time to review regulatory changes and discuss process improvements. ProfessionalCredit.com Page 12 of 44 Page 127 of 486 N Professional 71 Credit Our Agency Personalizes Collections Efforts to Liquidate Difficult Accounts We will work the City's accounts until the best possible recovery rates are archived. We have nced technology and knowledgeable staff that enable us to go above and beyond what clients expect. e�/ We will use the following advanced collections efforts to increase the City's recover venue: • Send additional written notifications • Call references V • Call all listed numbers • Search for more consumer or business information using K'\VV a rfall skip -tracing tool (seen on next page) • Use manual skip -tracing techniques to research accour7Identify assets ' • Place so-called "uncollectible" accounts into our 1n�$.ous m nitor' g progr Ilect when consumers experience positive financial changes • Get credit reports (when allowed) `� ♦ ` • Report to the Credit Bureaus when ap to data �pare r the placement file. With our Robust Monitoring Program, weollect o rots th tencies typically can't. The Robust Monitoring Progra • Maximizes recovery on a ounts t 0 mpetiti0 I deem unworthy of their time, effort, or resources. • Uses sever v �d�lprograms to continu s itor accounts for positive changes in consumers lives. • Alerts c _to hen to reactivate acco nts as long as the account is with us. ProfessionalCredit.com Page 13 of 44 Page 128 of 486 N Professional 71K' Credit Professional Credit's Powerful Proprietary "Waterfall" System Professional Credit automatically enters your accounts into the Waterfall process • Professional Credit Completes the entire process within three days. • Professional Credit uses the Waterfall process to find updated consumer information (i.e. address and phone number) • Professional Credit sends accounts to the next vendor until we obtain all desired information. 1 When Professional ,L phone number off Professional Credit upload and st �i checks account phone collections c Good Phone Number Found Lnumbers and addresses • ,4------ I 1 Vendorl Good Address Found dory 1mo- ------------- I 1--- ------------- i I P � exA, Best phdmber automatically populates collections software BeNaa 'dress automatically populates collection software cates additional ss information, we information to the ata vault. Dlbnal Credit monitors and gates which vendors provide the est quality of correct data. • We add, elete, and move venrdingly. ndor 4 r INo information received from any vendor. Account exits Waterfall Process We analyze balance and score criteria to determine whether we Professional Credit Professional Credit Send the account toFEntere accountinitiates calling initiates notice a collector for e Robustcampaign series further review ng Program ProfessionalCred it.com Page 14 of 44 Page 129 of 486 N Professional 71 Credit Investigation Team Performs Deep Manual Skip -Tracing for Consumers' Contact Information and Assets. Sometimes, the City's accounts need the personal touch that only a trained investigator c That's why our agency is here to help. Our specialized investigators manually skip -trace accounts to fi d sumer contact and asset information. ` �l To find consumer contact information, investigators: Z • Review Credit Bureau Report (when applicable). • Review state agency databases, like the DMV (where allowed) o ore obscure databases, like Fish and Wildlife agencies. •(`�_ • Mine social media, telephone directory, and direct si ance sites. • Perform real estate searches and access state a in or • Follow up on references. V ♦ ` Additionally, investigators perform weekly, mon quarte starches for- • Places of employment • Real estate holdings G J► • Bank and brokerage accoFtts • Automobiles IN • Other assets of value ` In short, our investig o �n y� P V • C;101� ugh t amounts of data to fi d t City's consumer information. • CCity's consumers. • H e resolve ,qQ ProfessionalCredit.com Page 15 of 44 Page 130 of 486 Summarized Collection Workflow Client accounts received and WITHIN 72 Accounts scored based one entered manually or by EDI. HOURS collectability and barn 1 Scrub for bankruptcies and Professional Cr deceased. OUTREACH proprietary mu ndor BEGINS waterfall is u entify a + new phone ry ber and Notice of assignment sent Press. within 24 hours. . O AS EARLY AS 45 DAYS �NGOI ` This may include 2-3+ New Nk4tition i additional notices, calls cou y so t, to references, deep ROBUST acc eal c t o a skip -tracing to locate, MONITO G semi team lution identification of asset hen ge ntact information, and A �WrmLk%Tstobtained or obtaining credit info if a y o pay is permissible. n onstrated. If consumer can, b n't pay, and if client is im§dLN in the Professional Cred%Legal Program, our Decision Science Team may refer accounts to the Litigation Team for suit approval; once all client, economic, and quality steps are complete. douse rneys and a network of attorney relationships across the country handle accounts anywhere in the United States. Paid in full or reasonable payment arrangements are made. Based on score, either multiple contact attempts are made or placed into the robust monitoring program. No response or when consumer is reached, refusal to pay. Accounts can be Ongoing canceled and automated returned per client monitoring. Parameters. Weekly, Monthly, and Periodic Asset searches are performed for Judgement Accounts and certain Pre -Legal Accounts (where ASSET warranted). SEARCHES Scrub checks for bankruptcy filings upon loading. Deceased scrub checks every 7 days. Page 16 of 44 Page 131 of 486 N Professional 71 Credit It is our aim to transform the receivables management industry by proactively adapting to rapidly evolving consumer communication preferences and empowering our staff and consumers to effectively collaborate on ways to resolve financial obligations. With cutting -edge industry technology, we study consumer trends and deploy advanced automation and analytics to continually improve collection strategies and internal processes. By employing extensive technological resources, we are able to ensure we are delivering the maximum return for our clients. Our internal study of payment methods showed that, when comparing digital paymeacounts ods to traditional payment methods, the first payment is made 14 days quicker with digital options are PAID IN FULL 42% quicker than with traditional payment methods. • Making it easier for clients, Professional Credit offers unique technological a nta es by providing convenient access and full transparency to collection activities and account manage e �gh the secure Client Tools online portal. Clients can also access recordings or transcripts of any consu r addition, we provide a thorough review of our performance and collaborate with our clients to continuous) rove our service. We also make it easier for consumers through our philosophy �ple want to pay their ills, but just need help and guidance. We focus on effective, compliant, and posit' ement by employing b ioral science, data science, and advanced analytics. In addition, we aim to h most ^prehensive enient access for consumers to manage their accounts and communicate ith througkL)e and Wi i -service tools, texting, chat, email and our highly -trained service center. ` Combining our emphasis on ethics and eviden ed pra rofes io r it is unique in our industry, allowing us to provide better value for o er nd their ers. Professional Credit understands thfunique nuance 1ecting m i I utility and miscellaneous AR accounts. Because of the time it takes to oll n�Phany of s account our going robust monitoring program, which monitors improvements in the onsi le part ial sit o our process ensures accounts get worked for the duration of the time the a�pu al'e place - not i first six months. Professional Credit's Account Receivable Managemen m enables u o setup ient accounts so the City and specific courts can monitor recovery on o very vs restitu on a nts nd ensure our processes are meeting your expectations. Sp e # Bureau Our leQs are distinguished in our field. e share our knowledge and set ourselves apart as an industry leader through our unique Speakers Bureau. This series of training, consulting, and education sessions focuses over a range of topics: A/R Management, Healthcare, Leadership, Lean Management, Motivation. We put our expertise to work to share our success with others in the industry who face many of the same challenges. As a benefit to our clients, Professional Credit offers free annual training on the topic of our client's choice. ProfessionalCredit.com Page 17 of 44 Page 132 of 486 Personnel Qualifications Below you will find details about the experience of those who will provide service to Fayetteville, including education, role at Professional Credit, and relevant experience. Key Personnel Responsibilities Education & Experience Dave White - Leads Professional Credit in its - B.S. in BusirU Management, Chief Executive Officer mission to positively transform the Truman S versity dwhite@professionalcredit.com collections industry - St di'ce & Management 541-335-2138 Inf4r do Systems -�ence in a leadership role for le collections organizations Ginger Patmore, J.D., CPA - Ensures prompt client and J.D., Arizona State University Chief Financial Officer customer payment all account - B.S. in Accountancy, Arizona gpatmore@professionalcredit.com and finance State University 360-567-4987 - Oversees activities acct - Over 20 years providing client department ♦ services in i nce and accounting - Manages to be wit II treasury regulat' Carl Christensen - Prima i o dirgct d - u� Management, University Chief Operations Officer overse oducti� d evenue f innesota and St. Johns cchristensen@ g9aer tin process ct tfl► ollecti versity professionalcredit.com 541-335-2137 Floor ver 60 V - M&ilRains o coIIe Dale Carnegie Completed Management Course ensures th Ilectors y - Responsible for all aspects client wo t dards ♦ collections operations with over 15 years of experience in all facets of A` collection leadership - AR Management veteran - Credit ACA International Specialist certification Jeff John"A - Solic4ilAnstant feedback from - B.S. in Business Management, Chief Client Officer customers and clients to bolster University of Phoenix jeff@professionalcredit. com proper communication - B.A. in Business and Human 541-335-2207 - Responsible for all of Professional Resources Management Credit's customer service and client - Brigham Young University relationships corporate goals for experience in industry and defines the sales team ProfessionalCredi t.com Page 18 of 44 Page 133 of 486 y Wade Isbell, J.D. - Instructs collection staff on - J.D., Cum Laude, Seattle General Counsel & constantly evolving legal and University School of Law Chief Compliance Officer regulatory issues impacting the debt - University of B.A. in Journalism - wisbell@ professionalcredit.com collection industry to all Licensed attorney in Nevada, 541-335-2159 - Investigates and responds to all Washington, and Oregon consumer complaints received from - Federal Trade Former clerk State Attorney General, Better Commission (FTC) Scholar Business Bureau, and Consumer - ACA International Collection Financial Protection Bureau Certified Credit and Compliance Officer Tyler Honce - Maintains extensive knowledge of - BS i are Management & Sales Executive industry trends, general economic PolA11DVgon State University tyler@professionalcredit.com conditions, financial practices, and 4d1�s management experience Professional Credit's spectrum of ith team of 30 products and services.elivered business strategy and - Identifies, progresses, and eveloped systems and procedures develops new long-term' for efficiency relationships with governrrye clients. Juanita Chapa - Maintains Profe olle - Studi d g and Finance, VP of Legal Operations Specialist (PCS c cation Lard ity College jchapa@professionalcredit.com - Maintains re Coll ctio - Ov ears of experience in the 541-335-2268 Manag �11], certifiaat e ' ns industry International Collections 6\1 Cp � � pecialist Certification -Healthcare Collection IL Management Certification Dustin Griffin r Account Manager w -'Mana Go -clay tionships wi y rofes� ' al Credit's - BA from University of North Carolina -Wilmington in customer dustin@ professionalcr cyim la a ici al�ip`ts service management 360-567-3591 ProfessionalCredi t.com Page 19 of 44 Page 134 of 486 dwhite@professionalcredit.com PROFESSIONAL EXPERIENCE �2- As President, I am responsible for leading the organization in our pursuit o ively transforming the accounts receivable industry and execution of our str Ian in adherence to our Core Values. I ensure the organization has a robust control envir t and adheres to legal, accounting, compliance and client trust requirements. Professional Credit President E 2022 - Present es t&C0 Responsible for oversight of Accounting, Trust, IT, Co ce and Human Resource departments. Strategic Resource Alternatives CG G CEO 2021 - 2022 • Completed first strategic acquisi ' ithin t t two s of employment. • Provides direct communica ' e bo irecto a quarterly basis regarding the future direction of the busin • Responsible for M&A or�unity d ment a h with due diligence assessments. Performant Financial rp r�'tion Senior VP 2017 - 20 � P V • Provides dir c mmunication to th rd of directors on a quarterly basis regarding the future r tion of the business. • Re o le for significant o rr nt contracts that are coveted by all outsourcing p ies to service. Convergent Outsourcing, Inc. Senior VP of Operations 2005 - 2017 Responsible for 25% of company's revenue generation and 37% of company's profit margin. or two years straight, the only executive that qualified for the maximum growth bonus by delivering year over year EBITDA growth of greater than 25%. Developed unique late -stage receivable management process responsible for 22 million USD in revenue annually that resulted in the highest profit margin segment of business throughout the organization. EDUCATION Bachelor of Science in Business Management, 2004 Dual Focus in Finance & Management Information Systems Truman State University Page 20 of 44 Page 135 of 486 12204 SE Mill Plain Blvd Vancouver, WA 98684 541.335.2207 jeff@professionalcredit.com .1919*$1Is] ►I_]N*:/a4.114►144 I have 20 years of experience in the collection industry, and I use my knowle0of the industry to foster quality relationships with Professional Credit's clients. •`G Professional Credit Chief Client Officer 2006 — present • Solicit constant feedback from customers and clients - Ister proper communication. • Responsible for all of Professional Credit's customer service and client relationships. • Set and define corporate goals for the sales teZ. • Hire, train, and maintain sales team membeRs� �N Columbia Ultimate, Inc. ` �G.J • Senior Sales and Client Relations Manager 1N�e2O4• Established and managed key client rela• Worked collaboratively with CEO IT DiCIF Councils Covey Leadership Center/F klin►Co I Regional Sales Director/Sales C�ordinntern • I Division 1993 — 1997 • Designed and i t fined the d abase4.Ae to store all of the lead information. • Responsible oternational lead follow-up and sales responsibilities. p �� p p • Called Id related programs specifically to countries in the Middle East. CERTIFIC ko'TclZ S & AFFILIATIONS • Cfied 7-Habits Trainer • Healthcare Financial Management Association (HFMA) — OR, WA, AK, CO, ID Chapters • American Association of Healthcare Administrative Management (AAHAM) — OR, WA, ID, and UT Chapters) • Medical Group Management Association (MGMA) —Member EDUCATION • BS in Business Management, University of Phoenix • BA in Business and Human Resources Management, Brigham Young University Page 21 of 44 Page 136 of 486 gpatmore@professionalcredit.com PROFESSIONAL EXPERIENCE V✓ In my role as Chief Financial Officer, I utilize my 20+ years of experienc�PA and my formal education to ensure the organization has a robust control environ d adheres to legal, accounting, compliance and client trust requirements. Professional Credit Chief Financial Officer 2017 — present Reported to CEO. Responsible for oversight of Acco Trust, IT, Complianid Human Resource departments. �►' • Implementations of proprietary, in-ho s are ( Tr , Pay i1�age Intacct, Concur and Office 365. ' • Development of internal audit p ac ` and os cha a ading to increased revenue opportunities and SLA improve en s of 80 1 e re i aff 40%. • Implemented exit strategy for founder/ow�i • Implemented growth a d Ns�Yateg' Privat q y owners. �: * � rv, P CORWIL Technology Cporation Vice President R inance 2013 — 2017 Reports dir President. Maria a a e, Accounting and HR departments. • I I tations of ADP r enow (payroll SaaS), 401(k) conversion, Concur (expense re ting SaaS) • Restructure of chart of accounts in ERP system to enable enhanced operational reporting and performance metrics. EDUCATION, LICENSURES & PROFESSIONAL AFFILATIONS JD, Arizona State University — 2002 • Arizona State University - Juris Doctorate in 2002 • Arizona State University - B.S in Accountancy in 1997 • Washington Board of Accountancy (CPA), Licensed August 2010 - current • Oregon Board of Accountancy (CPA), Licensed March 2003-2012 • Oregon State Bar, Licensed April 2003-December 2012 • Arizona Board of Accountancy (CPA), Licensed October 2000-2003 Page 22 of 44 Page 137 of 486 400 International Way, Ste 100 Springfield, OR 97477 541.335.2137 cchristensen@professionalcredit.com PROFESSIONAL EXPERIENCE k I am a passionate management professional with over 15 years off er ence in the collections industry. I am skilled at managing top talent to better than expected'results in the areas of performance, compliance and retention. ✓ Professional Credit Chief Operating Officer 2022— present O �%`► Vice President of Collections 2017-2021 • Build and maintain highly effective t a approx ate y 70 c rs. • Develop leaders and inspire emplo��►impr entio roductivity. 06, JC Christensen and Associates/Arra services Gr � Collection Manager 2004 — 20 • Managed financials valid me I epart nts o quality performance for over a decade. * 4 • Managed prim s4condary, e- �ection portfolios for Cabela's, Kohl's, Centracare eAstems, and seve r similar clients. • Leverag at o drive business pr cti S. Central P io ontrol S Collecti ialist • M aged collection portfolio or a number of large financial services clients. AllianceOne Collection Specialist • Managed debt portfolios for USAA, GMAC, Wells Fargo, and Chase Bank. CERTIFICATIONS & AWARDS • Winner of the 2014 ACA International Kurt Swersky Award for leadership • Recipient of the 2011 ACA International Warren Siem Award for Best Creative Idea EDUCATION • Studied Management at the University of Minnesota and St. Johns University. • Completed the Dale Carnegie Management Course. Page 23 of 44 Page 138 of 486 12204 SE Mill Plain Blvd Vancouver, WA 98684 360.567.4981 rhall@professionalcredit.com PROFESSIONAL EXPERIENCE k As the VP of Data Management, I am responsible for guiding ever p f the Implementation process with regard to data interface. I also oversee each clie 's transfer to and from Professional throughout the client's relationship with our co r I have over 15 years of experience working with collection software and imp lem 'ng EDI transfers and services for large- scale clients. I will work closely with you to ensure tha ssional Credit full meets all your needs during the on -boarding experience. Professional Credit Vice President of Data Management 2017nt �` • Collaborate with healthcare s e s o create&nsitio t egy tailored to meet their needs. • Responsible for on -boar ing new clie luding ' mentation and EDI file transfers. • Oversee the data ma a e A tea is res si a for seamless file transfer between Professional and youTNalth s e� •` Columbia Sportswe r Senior Business aly ,Global IS 2016 — 2 1 • Anal ported issues and ch requests for possible causes and solutions. • Cr and executed test ell as internal processes and documentation. �& CarePay t Senior Implementation Consultant 2014 — 2016 • Consulted with clients to complete file mapping and provide program training. • Conduct business analysis to prepare for program implementation. Columbia Ultimate Senior Implementation Consultant 2004 — 2014 • Provided business analysis, system training, implementation support, and consulting for large- scale clients with similar needs. • Consulted with executives, mid -level managers, supervisors, and front-line staff to identify and document business requirements. CERTIFICATIONS • Certified in Cadence Project Management methodology Page 24 of 44 Page 139 of 486 12204 SE Mill Plain Blvd Vancouver, WA 98684 360.567.4977 jane@professionalcredit.com PROFESSIONAL EXPERIENCE V� With 30+ years of experience providing unparalleled client services in t Quit and finance industry, and seven working government accounts, I am uniquely qualified to valuable resource in addressing clients' issues and concerns. n• Professional Credit Vice President of Management 2008 — present • Collaborate with current clients to provide exc le��tcustomer service.` • Manage client relationships and ensure Pr09g nal Credit mainta i t work standards. • Contribute to the continued success of ion's sal�c�eam i ing sales goals and profitability for the organization. TransUnion O v Account Executive 1993 — 2007 Cj ' V" • Maintained current key ent�relatioPces4n4#Nstate and estaf�lhed new ones and promoted. TransUnion's custo infdrmati of Oregon and Southwest Washington. 4 • Provided ed i nd training�lsemin rs ustomer credit reporting and regulatory responsibilities both customers an ts. 7 Chase Manhattan (now J.P. Morgan Chase) Service Officer — Private Banking 1988 —1992 • Marketed Chase Private Banking services to qualified individuals. • Serviced client financial needs including deposit accounts, bond trading, foreign investment opportunities, and specialized loan programs. Citicorp Service Officer — Private Banking 1985 —1988 • Maintained deposit relationships with Private Banking clients and managed over $500MM in bond portfolio for clients. • Serviced and monitored custom loan portfolio of $260MM, including monitoring collateral values. EDUCATION BA in Business Administration, Ashford University — 2013 Page 25 of 44 Page 140 of 486 400 International Way, Ste 100 Springfield, OR 97477 541.335.2268 jchapa@professionalcredit.com :%]y*31WL1Y-11%*:4:24.11a010:1 I am a collections expert with nearly 30 years of experience in the credit and J&1Sce industry, and manage Professional Credit's legal collections to ensure we meet our c4 s' needs. Professional Credit Vice President of Legal Operations 2018-Present • Oversee strategy for legal department to ensure oper io al efficiency. • Drive strategic and operational initiativesr the department and legal collections. • Identify and help drive implementation offole&a rtment process im ovements, legal reporting tools and/or workflows within th Ma ement Sy t • Work with Small Claims and Attorney Tea I"lanager0 nsur% ce to jurisdictional compliance. • • Collaborate with cross -functional inclu Ilection nt Services, Sales/Marketing and Accounting. • Trouble shooting and process ovem all a11?ctions to include Litigation, Small Claims and Attorney Tearnand Speci S. • Monitor legal budge alaA�ce nee R, V , , CA and AK including Small Claims, and Out of State Attorne ref rr'�Is bas roject' �d Client and Collection priorities to maximize leg e ry for Pro ssion I clients. Hawes Group Collection r 2012-2018 Commer ' Necial Asset Collecti ger 2009 — 2012 • Xfnecl Supervisors and lectors to ensure they are compliant with Professional's Mission, Visi n, and Values. • Developed, recommended, and implemented plans to increase recovery and streamline collection processes. • Analyzed and evaluated policy, procedures, and work standards for collection floor verticals. McKenzie Leasing and Finance, a Hawes Financial Group Company Credit Analyst 2006 — 2009 • Analyzed credit applications for credit approvals for consumer and commercial lease applicants. Professional Credit Service Collection Supervisor 2004 — 2006 • Provided leadership in quality and process improvement initiatives. • Assisted collectors in reaching department goals. Page 26 of 44 Page 141 of 486 400 International Way Springfield, OR 97477 541.335.2159 wisbell@professionalcredit.com PROFESSIONAL EXPERIENCE vv� I am an attorney admitted to practice law in OR and NV, and I have develop^?Comprehensive Compliance Management System to protect our clients' images and add`ss er-changing regulatory requirements. Professional Credit Chief Compliance Officer & General Counsel (Promoted to C2013) 2011— present • Successfully developed and implemented Professi l Credit's comprehensive Compliance Management System. _ ` 1, • Investigate and respond to all consumer i Better Business Bureau, and Consumer Fi • Instruct collection staff on constantly evQloyii 14Vs r ;atory d from St torney General, �I Prot ctBur�1'Mf I and i at impact the debt collection industry. Thorp Purdy Jewett Urness & WilkirCon Law Clerk 2010 — 2011 • Researched and reso vei Aplex I I sues i re of family law, estate planning, personal injury, and corporate. ' '� • Assisted attorn iretrial prep b`g trial memorandum, preparing witnesses, and compili -examinatio pa ta►6e u rosed at trial. Federal Trad mission Legal Exte 1 �► • t ed consumer vict unfair business practices and drafted declarations to be used in pport of enforcement ac ions. • Researched consumer protection and antitrust issues and drafted legal memoranda for supervising attorneys. CERTIFICATIONS • Credit and Collection Compliance Officer, ACA International • Scholar, ACA International EDUCATION • JD, Cum Laude, Seattle University School of Law — 2010 • BA in Journalism, University of Washington — 2007 Page 27 of 44 Page 142 of 486 References Burbank, CA Juliana Demers Water & Power Credit & Collections Supervisor 818-238-5500 jdemers@burbankca.gov Glendale, CA Isaac Apodaca Water & Power Billing & Collections Supervisor C' 818-551-3025 iapodaca@glendaleca�o V Tucson, AZ Belinda Madrid City of Tucson Water Senior Accountin erk 520-837-437Z belinda.m(dr csonaz.gov Portland Water Bureau Ryan xhouse Colles on & Recovery Supervi r 865-2251 A/� .newh a portland �q%I�ov Tampa Electric `V Nicole dwar s �` 1cv 8 �Ilectionsisor 8 51 ards a ergy.com Page 28 of 44 Page 143 of 486 Client Tools The City Can Manage Accounts and Create Reports 24/7 with Client Tools With the click of a mouse, the City has total access to all account information. The Client Tools website is our web - based, customizable portal that gives clients complete access to their accounts. The City will be able to observe consumer interactions, read collector notes, perform account management, run a variety of standard and customized reports, and listen to the audio of all calls placed on demand. With Client Tools, the City can ensure that Professional Credit is conducting business in a way that will protect your image and effectively recover your revenue. The Client Tools Website is Customizable to Suit the City's Needs—�J The City can search account information presented as a complete history or a sum luding: payments, dollars collected, asset searches, -credit reporting, and any other relevant account detai ionally, you have complete access to monitor our collectors' activities, including: collector notes, number o tter , number and audio files of phone calls, and skip -tracing activity. `((�J• Transparent and Intuitive By using the Client Tools website, the City make certain its AX'D are in safe hands by a g accounts and performing the following: ` • Resolving questions or concerns about account or count a 'vity • Cancelling Accounts ` • Placing accounts on hold • • Sending and receiving secure messa d from ional Cr • Reporting direct payments • Administering user permissions • Using the Online Secure Chat to Qcact a re Tative V yY Professional 71 Credit gJaMA&i M ®® „,�/6..�aa,a�...a,..��,a,.a..a.�. ,� ��a�a...a�.�.�.�..,.,.��....•.t�.l��y..�....�,..n._m..._. � r�i�ynynre bav�ooaC kr iuI - _ MMaw+ a'�.'w• w we fielal. ..pi �� .fe}.1 oplpt tN�.Wlli 14iW W aqy� �lAl If?%A. e.}!E}II f�i Irru�m r^taY`� ' �� r�ma �' •�.r.a $� r..m arnirF ,. m �'� r...eia• o �� r�.a�reiuY vm.� s..au�t � I Page 29 of 44 Page 144 of 486 Our Unique Technology The City will have a powerful technological partner in Professional Credit, having access to our full technology suite. On the following pages, you will find a detailed description of our technology -based, self service tools made to help the City reach its goals and maintain its good reputation. Our accounts receivable management software, ARTrail®, streamlines engagement efforts with automated workflows and customizable safeguards to ensure adherence to the City and regulatory work standards. ARTrail® is based on contemporary web -centric technologies to exploit the opportunities of the modern sore environment. Our DevOps development practices facilitate rapid evolution of our platform to meet ever-cl� business and regulatory requirements while maintaining quality and reliability. Our speech analytics solution, records, audits, and scores 100% of auditable intera etween Professional Credit agents and consumers. Recordings of calls can be accessed by the C' through the Client Tools portal. A Integrated, 2-way Predictive Autodialer and Rapid Manual Dialing S 'it' `n uses a rapid manual dialing solution to maintain TCPA compliance when calling cell phones. Professional Credit's electronic data interchange (EDI) tool, o TM , ensures seamless Xa transfer between client systems and Professional Credit's ARTrail software. tonal dit has setu d sfers for many municipalities who utilize Tyler Technologies. RoboD4,ill:ssi fully e ipp with standards and security features, facilitating an efficient, secure, andnt exch ng informat�een the City and Professional Credit. It supports all delimiter files:L, ARl,ulti-row ' ats. Its universal data exchange solution also reads and transforms a �11�i ource or s ation. It also has the capability of transferring a single file as multiple file tiple fo single fi In dition, RoboDXTm has a versatile four -step configuration that functions withkjly any file rr , API orap e. Oft Professional Credit's proprietary erfa I Skip-tr gine allo s f�vautomated skip tracing as it is integrated with key data vendors to ensur th tost a consum nformation is always available for appropriate account follow-up. ♦` The proprietary Robuoatti i ring Tool a Iuates a d aily and triggers them for follow-up should the consumer's financial ichange for the bette Professiona s PCS Direct Pay gives c ers 24/7 access to their accounts, the ability to make payments, set up pa p s based on the City' update insurance information and communicate with ProfeI edit staff either throug iv or secure messaging. Our Omni -channel Communication approach is enabled by the advanced workflows in ARTrail® which coordinates communications with consumers based on their preferences including email, text messages, calls, direct voicemail drops, mobile alerts, IVR, and letters. Professional Credit's SMS Chatbot allows easy access to the Professional Credit online portals after hours. Consumers can send a text to a number provided in the communication they received that will engage a chatbot. The chatbot will then guide them through the identity verification and authentication process and generate a link that will allow them to login automatically and manage their account. ProfessionalCredi t.com Page 30 of 44 Page 145 of 486 Overview of Onboarding Process 30 day Go -Live can be adjusted to fit client schedule Below is Professional Credit's implementation plan, including details about our secure data transfers. Professional Credit will work closely with the City during implementation to ensure that the onboarding process is as easy as possible. The following plan can be customized or accelerated based on your availability and needs. We will set and agree on expectations during the process so that deliverables and timelines are clear. We will provide a specialized team to manage all technical and training requirements. Typical implementation includes: 1.1. Kickoff Meeting - 30 minutes • CG 1.2. Business Understanding Meeting #1 - (Day 2-7)- 60 minutes ` Beginning with the ending in mind, we review Trust fund remittance and repo consumer payment processing, and review key elements of the contract and client profile settings to enl� mainder of the process is optimized to meet your needs. 1.3. Business Understanding Meeting #2 - (Day 8 to 14) - 60inute We take a deep dive into your consumer/patient engagem •�Cctices and learn how we st interact with your consumers to optimize recovery while preserving your re 1.4. EDI Meeting #1 - File Specifications and (Day 9- minut ` In this meeting we will discuss all options ford `�ng bot ns, s anual self -serve options in Client Tools. When an EDI file is the best o ut a will ' bile spec' s and mapping, other logistics. r V 1.5. EDI Meeting #2 - Review Sa le Files - (Day 30 min We will review your files and a ure Al nee are pre t and properly mapped. •` W 1.6. Client Training MejdV Day 45) 60 n In this meeting we wfle V a tour of Clie)t Too nd sure you are aware of all the features, reports, actions and data that is ' t a cl away, as well as discuss expectations for responding to inquiries and timelines for resolving con issues. 1.7. G e ssistance Meeting - ( y Minutes A quic ec in to test your first accou oad, confirm your acknowledgement report was received, and spot check new accounts for accuracy. 1.8. First Trust Cycle Review- (Day 90-100) 30 minutes After we publish and remit the first trust, we have one meeting to review all posting types, commission charged, the posting process and the invoice to ensure your questions are answered. 1.9. Quarterly Meetings (After the first 90 days) In these meetings we review placement volume, work standards, liquidation and discuss options for optimizing recovery. ProfessionalCredi t.com Page 31 of 44 Page 146 of 486 Data Security Due to the number of government and healthcare clients Professional Credit serves, we are very familiar with the strict standards of confidentiality. We have both strong systems and training programs in place in addition to many other tools to accommodate any unique client needs in this area, all the while adhering to federal and state requirements. Confidentiality and data security are at the core of our company's approach. For over 89 years, our company has established and maintained relationships around the country reinforced by our integrity and ethics. Professional Credit understand the security of PI and financial data is the foundation not only for an ethical and successful business but also for relationships with clients and consumers built on trust and cc nce. V Both the Client Tools website and our consumer portals are secured with 256-bit en and TLS 1.2 (Transport Layer Security). Personally identifiable information is encrypted within our datab encrypt data both during transit and at rest. When transferring files, we support bit strengths and cipher10,pending on agency needs. The following ciphers are available by default: • AES256-CBC • AES128-CBC • 3DES-CBC • Blowfish-CBC • CAST128-CBC � � ♦ �� • ARCFOUR • AES192-CBC `` ♦ ��� We can meet any information system req ire nfs for cli end ande account information electronically. Our data transfer experts can work with pQating a staff t d the best format for data files to ensure seamless data transfer. Clients m eINgr accou gh: • Our Client Tools webs'� an Aline ac nagWn rtal for clients. The Client Tools website is encrypted and se ure th bugh T port La a urity) • SCP (Secure • SFTP (Secu it ransfer Protocol) • Encryma • P r s transferred through sec r mission methods We ha a g-established Information ecurity Council that meets on a quarterly basis to review internal and external a dit results and discuss new trends, technologies, risks, training programs, and adherence to IT security protocols. This allows us to stay compliant with quickly changing protocols. Our company has the following network devices to protect our network and defend internet-accessible systems: • Managed Switches and Routers: Allows our administrators to monitor network connections (with layer 2 and 4 capable switching), at the port level • Next Generation Firewalls (built in redundancy) supporting: SSL VPN • IPsec VPN • Demilitarized Zone (DMZ): Provides a network of computers at the front lines to the Internet to identify and prevent security attacks, like hackers and viruses. ProfessionalCredi t.com Page 32 of 44 Page 147 of 486 Professional Credit is a Compliance Expert Professional's Compliance Management System Upholds All Relevant Federal, State, and Local Regulations Professional's Compliance Management System ensures legal and regulatory compliance. Wade Isbell, J.D., Chief Compliance Officer, designed and oversees all compliance matters for the company. Wade is both an ACA International Scholar and Certified Credit and Collection Compliance Officer (CCCO). He conducts quarterly compliance meetings that all collectors must attend. Our strong Compliance Management System enables us to remain compliant with all federal, , and local regulations. •�Gv Below you will find some of the education initiatives that Wade oversees t Inter our compliance record: • New collectors receive FDCPA training and testing, 3-4 monthly FD date courses • We keep our Policies, Processes, and Work -Instructions onlin d ys updated so collectors can easily find relevant information on appropriate work standards that ar o liant FDCPA standards. • After one year of experience, collectors attend a two-day International course that provides extensive FDCPA training. • This course prepares collectors to take the exam a Pr ssional Collect cy ialist (PCS) designation from ACA International. Collectors ain thi cert' 'cation a ear of employment. • • Our Communication and Compliance Sui r and au its 1 /o of au 'ice nteractions between collectors and consumers, analyzing ca cific a e elem use the powerful auditing features of the Suite to specializelt ining a ess th 'ndividual collectors need to improve. • Wade leads our annual all -employee -ethics tr urin i ing, he refreshes all employees on our ethics program and reviev�ny�equired F and/or sec ' items. ' P V 01.0 e7A 1� I IF I�F ProfessionalCredi t.com Page 33 of 44 Page 148 of 486 City of Fayetteville RFP 22-11, Collection Services SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Signature Submittal Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your respo Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a resu ur response. This form must be completed and returned in order for your bid/proposal to be eligibly f sideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRI k APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS V 2) RELATIONSHIP EXISTS (Please expla I certify that; as an officer of this organization, at letter orization, am duly authorized to certifythe information provided herein are a e and d ization shall comply with all State p pY and Federal Equal Opportunity and Non- iscri ation, emmeeen'tonditions of employment. Pursuant Arkansas Code Annotated §25-1-503, th Tftractor ag stand certifies that they do not currently boycott Israel and will not boycoNrael durin a y`�►ime h h they are entering into, or while in contract, D� with any public entity as de d/M §25-1- t y during contract the contractor decides to boycott Israel, the contractor m o the contra ed u lic ity in writing. 2. PRIMARY CONT FORMATION At the discretio h City, one or mor Qj y be asked for more detailed information before final ranking of the firms may also include oraerviews. NOTE: Each Proposer shall submit to the City a primary contact name, -mail address, and phone number where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Ray Klein Inc., DBA Professional Credit Primary Contact: Tyler Honce Title of Primary Contact: Sales Executive Phone#1 (cell preferred): 360-567-4983 E-Mail Address: tyler@professionalcredit.com City of Fayetteville, AR RFP 22-11, Collection Services Page 16 of 17 Phone#2: Page 34 of 44 Page 149 of 486 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 1 Jeff Johnson 11/21/22 4. PRICING: • G Pricing shall be attached as a separate form. Reference RFP for details on I II pricing shall include. 5. DEBARMENT CERTIFICATION: Qj As an interested party on this project, you are required to provide rment/suspension certification indicating in compliance with the below Federal Executive Order. Certifii n can be done by completing and signing this form. O _ Federal Executive Order (E.O.) 12549 "Debarment n�uspe �on reg4i s t all contractors receiving individual awards, using federal funds, and all �pients c rtify that t �nization and its principals are not debarred, suspended, proposed for debar s , decl - i e igible, r untarily excluded by any Federal department or agency from doing busines-q-'evi e Fed vernm> t. Signature certifies that neither you nor yokkrincipal e ntl d, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from ation transaction by any federal department or agency. N Questions regarding this fo �uld be di nI —\,W f Fayetteville Purchasing Division. NAME OF COMPANYOkay Fein Inc., DBA ProfpsNal Credit PHYSICAL ADD MAILING ADD SS: 4bO International 400 International PRINTED NAME: Jeff Johnson OR, 97477 OR, 97477 PHONE: 541-335-2207 FAX: E-MAIL: jeff@professionalcredit.com 41C]II_IVIll TITLE: Chief Client Officer City of Fayetteville, AR RFP 22-11, Collection Services Page 17 of 17 DATE: 11/28/22 Page 35 of 44 Page 150 of 486 Sample Reports & Letters Below are samples of reports that Professional Credit will make available. They are each fully customizable, can be generated in virtually any format, and are available 2417 through our Client Tools Portal. CUEWr NAME boo[ XXX XXXX 0000 X 2014-0"] Paid to PC5 (us) Paid to Client (YW Twill Paid S2,627.45 $0.00 Principal Paid S2,627.45 $0.00 InterestPWd $108.A2 1A [�'V $0.00 TOtal Other Paid 50.00 `v $0.00 Total Commbslons $656.85 $0.00 Total Due YOU 51 ,}70.60 $0.00 Aging Odonths) U D O `3804.39 $0.00 CG 3 G •�� $76.65 `V 4 ` 5221.32 ` 51 56.20 O G 6 $1,368.89 � T erted $2,627.45 tion tie 5656.85 eck # $1,970.60 0 hin Lau First Y rC€ hr"rrt FcKod Prim Duo Nan7t MMIV K hue hii Comm Fat Rrl ItmlS For Remark Nje Pr1n Feld Cann Tau 3(7(7gp[ K}pik�i k140P0e7I 02;1g 10 S3 63 S14.54 SO PO 50.00 PIF 58,34 1 558.L7 114.54 543,63 II7000[ x700000[ 02�1716 $ 57_#9 519.16 SOM $0.60 PIF 19.46 3 $16.55 $19.16 $57.49 7130001 xxW x100000C 02-03 10 51.36a. 51.026.67 1342.22 MOD S0.00 AF CC*"N 1455.59 6 91-366.d9 S342.22 51_026.67 xxM xbooc XXCC ID[ 02..26.10 S476_R5 $357.64 $119.21 $0A)D $0_a0 IMF 479.39 1 $476.93 $119.21 $357.64 ICa001 XXW M50M xxx_x c 02'42 10 SISS_20 S117.1S S39.0-S S0.40 SG_00 FIF 165.1 S 5156.20 S39.05 SUMS xxM xxM xxxx o XDGDM O pE.10 5154DIX 512].D5 €41.02 €0.09 SOLD0 PIF OFFICE FNr 171.0a 4 $164.0$ $41.02 $123.os 1U m Xti= 1osWW xXoD= 02;26 10 S57.24 142.93 114.31 f0.00 SQ_U0 F1F 5726 4 $57.24 514.31 S42.93 x7Pr7rx x1OM 1o17G7M 10ra70M 02;12.10 5201.61 S151,$6 550.45 €0.09 $0.0G PIF 202 1 $291.01 $5045 $151.36 xxM xxM xxx>ga X xxumx 02?19:1U $67M $50.6T S16.&9 So -Do $0_e12 PIF 67-76 1 $6736 $16.69 3SO.(,? y �R ProfessionalCredi t.com Page 36 of 44 Page 151 of 486 Activity Report Reporting Periods # Referred $ Referred $ Avg Referred # Cancelled $ Cancelled $ Adjustments $ Recovered $ Net $ Comm % Comm Jan- 21 0.00 $0.00 $0.00 0.00 $0.00 $0.00 3 $2,823.03 $619.70 18 Feb - 21 0.00 $0.00 $0.00 3.00 $992.25 $0.00 5, 4.00 $4,890.47 $1,073.50 18 Mar-21 90.00 $160,895.24 $1,787.72 9.00 $4,130.35 $0.00 ,452.49 $5,291.01 $1,161.50 18 Apr-21 207.00 $69,851.86 $337.45 2.00 $218.541 $0.00 $28,065.78 $23,013.95 $5,051.80 18 May-21 714.00 $399,260.05 $559.19 3.00 $610.49 100$9.00 $4,542.06 $3,724.52 $817.50 18 Jun- 21 680.00 $289,874.54 $426.29 2.00 $2,038.48 00 $12,486.28 $10,238.72 $2,247.60 18 Jul-21 776.00 $430,053.51 $554.19 47.00 $12,273.50 0.00 $18,224.61 $14,944.18 $3,280.40 18 Aug - 21 239.001 $163,238.99 $683.01 313.00 $113,363.70 ($820.71) $16,436.63 $13,478.01 $2,958.60 18 Sep - 21 2.00 $277.06 $138.53 21.00 $6 2*%. ($602.90) $15,22 $12,576.12 $2,650.80 17.4 Oct - 21 91.00 $72,952.01 $801.67 8.00 $ .2 7,06 .00 $ $10,764.60 $2,431.30 18.4 Nov - 21 1.00 $3,471.42 $3,471.42 2.00 5 .26 .31 *,,N,%t728 $8,414.01 $1,841.30 18 Dec-21 91.00 $72,952.01 $801.67 93.0 483.8 ($225.52) N7829.07 $6,419.83 $1,409.20 18 2021-Total 2,891.00 $1,662,826.69 $575.17 503. $251,178. $65,421.1 $142,121.72 $116,578.45 $25,543.30 18 Jan 22 0.00 $0.00 $0.00 2. $2, 1 ($1 3) $7,758.41 $6,361.89 $1,396.50 18 Feb - 22 1.00 $1,136.64 $1,136.64 AnONI $ $4,460.28 $3,657.41 $802.90 18 Mar-22 0.00 $0.00 $0.00 20.00 157.80 249.28 $4,405.28 $3,612.33 $793.00 18 Apr 22 0.001 $0.00 $0.00 *1 3.00 $762.01 ir $0.00 $3,603.51 $2,954.87 $648.60 18 May 22 0.00 $0.00 $ 6.00 $1,81R $32.16 $4,554.85 $3,734.96 $819.90 18 Jun- 22 0.00 $0.00 �*00 8. $ $155.34 $3,444.22 $2,824.28 $619.90 18 Jul-22 0.00 $0.00 .00 V4.00 . 2 $12,488.25 $1,987.42 $1,629.69 $357.70 18 Aug - 22 1.00 $155.67 155.67 5.00 400.04 $14,275.95 $6,769.52 $5,551.01 $1,218.50 18 Sep-22 0.00 $0.00 0.00 $0.00 $8,388.09 $1,355.87 $1,111.81 $244.10 18 2022-Total 2.00 1, 1 $646.16 0 $14,712.77 $727,481.3 $38,339.36 $31,438.25 $6,901.10 18 GrandTotal 11,102.00 519.0 $390.25 116,845.13 $795,644.99 $752,579.9 $617,117.3 $135,462.60 18 Page 37 of 44 Page 152 of 486 Example Report - Cash Flow as of September 1st, 2022 Monthly CIF 2022 Aug Jul Jun May Apr Mar Feb Jan 2021 Dec Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan 2020 Dec Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan 2019 Dec Nov Oct Sep Aug Jul Jun Values Average Number Account Number Listed Amount Listed Cancelled Amount Cancelled Age Recoverd Principal 1,423 $ 881 $ 3,684 $ 595 $ 33 $ 74 $ 54 $ 691 $ 1,239 $ 1,073 $ 968 $ 1,057 $ 847 $ 820 $ 894 $ 742 $ 908 $ 995 $ 984 $ 1,609 $ 1,117, 306 779,698 3,582,472 277,108 126,511 113,949 103,460 524,768 842,151 927,882 1,047,692 1,035,031 736,870 533,289 657,571 553,515 612,747 712,094 676,426 1,114, 608 6,778 $ 1,510,903 0 $ 4 00 291 $ 207,226 3 $ 90 1,205 $ 943,881 3 $ 31, 6 185 $ 91,126 3 $ 366 252 $ 89,657 0 $ 36,282 342 $ 86,110 0 $ 64,898 285 $ ,92,366 285 $ 13636,863 863 61,594 249 $ 144,107 �` $ 108,597 306 $ 114,89 21 72,8 1 363 $ 13 16 $ 6 , 354 $ 1276 +1$ 1,773 $324 5 325 $ ,365h $ ,579 688 $ 61,386 2 $ `�13,504 182 $ G 60,9 16 ` 7► 63,478 349 $ 72 ` 284,151 2 $� 5 18 93,927 N33$ 68 8 $ 128,739 27 $ �54, 75 ♦`` _ $ 150,098 Results Total Recovery Recovery % 4,019 $ 46,609 4% $ 6,188 $ 37,879 7% $ 5,079 $ 36,935 1% $ 551 $ 40,917 22% $ (259) $ 36,023 98% $ 259 $ 65,157 234% $ 1,000 $ 93,366 799% $ 6,617 $ 68,210 18% 11,717 $ 120,314 17% 6,989 $ 79,846 10% 4,268 $ 67,232 7% 4,620 $ 70,250 8% $ 3,699 $ 79,284 11% $ 5,401 $ 72,980 100% $ 4,381 $ 117,885 30% $ 236 $ 63,715 13% $ 2,133 $ 86,283 16% $ 1,852 $ 95,779 17% $ 10,967 $ 139,706 24% $ 17,228 $ 167,326 17% 3,147 $ 3,180,93 V 330 $ 13 1 21 $ 73,716 $ 6,512 $ 80,228 3% 1,033 $ 951,4 347 $ 25 $ 57,718 $ 8,040 $ 65,758 8% 753 $ 307 461 $ 2 08 33 $ 99,270 $ 8,174 $ 107,444 25% 503 $ 42 782 369 $ 372,859 29 $ 82,088 $ 8,864 $ 90,952 163% 1,087 $ 059 333 $ 08,619 23 $ 82,165 $ 10,478 $ 92,643 8% 1,113 $ 98 ,671 458 e 18,764 35 $ 92,930 $ 6,792 $ 99,721 17% 1,203 $ 058,369 51 190,168 36 $ 167,385 $ 11,475 $ 178,860 21% 1,582 $ 1,024,824 532 173,584 32 $ 105,324 $ 14,177 $ 119,501 14% 1,987 $ 2,180,091 350 $ 242,857 25 $ 81,217 $ 7,993 $ 89,210 5% 1,122 $ 976,512 247 $ 65,393 42 $ 67,144 $ 8,085 $ 75,230 8% 1,081 $ 652,435 428 $ 364,487 40 $ 81,963 $ 9,874 $ 91,837 32% 1,022 $ 725,497 308 $ 160,387 42 $ 57,583 $ 5,019 $ 62,602 11% 1,233 $ 841,908 3,190 $ 1,289,874 41 $ 56,652 $ 7,593 $ 64,245 8% 1,386 $ 1,194,549 782 $ 554,201 36 $ 86,712 $ 1,762 $ 88,474 14% 1,227 $ 870,573 411 $ 134,912 45 $ 111,587 $ 8,049 $ 119,636 16% 1,084 $ 704,692 177 $ 4,679 40 $ 118,115 $ 17,769 $ 135,884 19% 1,892 $ 1,608,363 580 $ 194,360 49 $ 92,122 $ 11,544 $ 103,666 7% 1,258 $ 933,205 1,438 $ 633,726 55 $ 91,830 $ 8,036 $ 99,866 33% 1,706 $ 952,515 319 $ 2,941 41 $ 124,623 $ 28,963 $ 153,586 16% Page 38 of 44 Page 153 of 486 PIF-SIF Report For Corporate Test Client Client Account Last Name First Name Account Referral Date Amount Referred , Princip La ent ate Status Status Def 45252 TEST PCS1 10033464 2017-07-13 600 0 0.4, PIF PAID IN FULL-hg 314159265 DAISY TEST 10000063 2017-07-12 500 4 SIF SETTLED IN FULL 314159265 DAISY TEST 10000063 2017-07-12 500 14V SIF SETTLED IN FULL 12333A ITEST JPCS1 110033465 2017-07-02 1303 23 JPIF PAID IN FULL-hg 111122222 ITest ITest 110182042 2018-01-17 11111.nNIO IPIF PAID IN FULL-hg 02 Page 39 of 44 Page 154 of 486 Cancellation SAMPLE CLIENT 1234 TEST DRIVE EXAMPLE, CA 92270 The following accounts have been cancelled from our system Client Id : 9206 Date: 09/15/2022 Client Account # Client Consumer # Consumer Name Amount Date of Service y Account # Reason Cancelled Date 76484 JOHNS, JIMMY $ 234.99 03/13/2022 18299032 CLIENT REQ CANC'D/DELETED 09/15/2022 97534 OTURNITURE, PATTY $403.65 07/09/2018 12035275 CANCEL -CONSUMER DECEASED 09/15/2022 32596 YEW, OLIVE $ 436.15 12/24/2018 12750311 CANCEL - CONSUMER DECEASED 09/15/2022 38157 BUGG,AIDA $ 178.06 01/13/2019 12892324 CANCEL -CONSUMER DECEASED 09/15/2022 871131 GRATER, ALLIE $ 403.65 01/27/2021 16822359 CANCEL - CONSUMER DECEASED 09/15/2022 10751 KNEE, ROD $ 621.00 05/26/2021 17616138 CANCEL -CONSUMER DECEASED 09/15/2022 6 $ 2,277.50 �m� Page 40 of 44 Page 155 of 486 ACTUARY REPORT Reporting Period Placed Adjustment Collected 1L rned Active Reporting Period Quantity Amount Amount # PIF To Date ity Amount Quantity Amount Jan - 20 402 $97,638.00 ($15.00) 195 $41,413. 4 $620.00 203 $55,619.62 Feb - 20 361 $91,185.00 $0.00 153 $32, 6 2 $380.00 206 $58,689.94 Mar - 20 146 $40,774.00 $15.00 59 • 4.59 2 $518.00 85 $23,426.41 Oct-20 838 $171,228.90 ($90.00) 243 4,446. 6 $1,620.00 588 $125,252.04 Nov - 20 488 $148,026.00 ($105.00) 11 $31, .59 $2,025.00 363 $111,753.41 Dec - 20 209 $59,810.00 ($185.00) 05 2 $490.00 157 $46,712.95 2020-cumulative 2,444 $608,661.90 ($380.00) 6 1,93 26 $5,653.00 1,602 $421,454.37 Jan - 21 109 $30,067.00 ($135.0011% 53 $13,0517V 1 $165.00 55 $16,980.00 Feb - 21 128 $38,831.00 ($75. • 4 .00 2 $620.00 89 $28,811.00 Mar - 21 121 $35,186.00 .00) 27 6,368.00 1 $15.00 93 $28,938.00 Apr - 21 122 $38,534.00 1��80.00) 23 $6,860.00 1 $280.00 98 $31,574.00 May - 21 132 $39,4 ($75.00) $6,557.52 0 $0.00 101 $32,984.48 Jun - 21 115 .00 ($30.00) $6,657.35 2 $324.00 83 $24,612.65 Jul - 21 136 I%C76.00 ($75.00) N 31 $7,899.88 0 $0.00 105 $30,151.12 Aug - 21 175 $56,471.00 ($75.00) 23 $7,706.00 1 $130.00 151 $48,710.00 Sep - 21 55 $18,494.00 ($45.00) 15 $5,162.00 0 $0.00 40 $13,377.00 Nov - 21 171 $55,541.00 ($30.00) 29 $9,311.60 1 $439.00 141 $45,820.40 Dec - 21 214 $66,221.00 ($30.00) 26 $6,043.00 5 $1,755.00 183 $58,453.00 2021-cumulative 1,478 $448,352.00 ($885.00) 325 $85,097.35 14 $3,728.00 1,139 $360,411.65 Page 41 of 44 Page 156 of 486 Jan - 22 70 $19,801.00 $0.00 9 $1,498.50 0 $0.00 61 $18,302.50 Mar - 22 196 $63,939.00 $0.00 20 $4,513.00 0 $0.00 176 $59,426.00 Apr - 22 253 $76,324.00 $0.00 10 $2,191.00 1 $280.00 242 $73,853.00 May - 22 51 $12,560.00 $0.00 0 $0.00 0 $0.00 51 $12,560.00 2022-cumulative 570 $172,624.00 $0.00 39 $8,202.50 $280.00 530 $164,141.50 GrandTotal- 18,454 $4,921,082.14 ($208,000.00) 6,128 $1,455,619.44 $777,391.17 9,642 $2,896,071.53 0 ci � 5lqQ Page 42 of 44 Page 157 of 486 P.O. Box 7548 Springfield, OR 97475-0039 December 28, 2021 One Customer 12345 Main St Springfield, OR 97477-1234 NV Professional 711K Credit Service ACCOUNT #: 11238964 PIN:1234 Total Due: $1,946.26 C V ♦ C; The account(s) listed in this letter has been referred for collection to Professional Crr*Nice. Unless you notify this office within 30 days after receiving this notice that you dispethi of this debtany portion thereof, this office will assume this debt is valid. If you notify this offrchin 30 days after receiving this notice that you dispute the validity of this debt or any portion thoffice will obtai verification of the debtor obtain a copy of a judgment and mail you a copy of su or verification. I you request of this office in writing within 30 days after receiving this notice t ' ce will provide you with the name and address of the original creditor, if different from the current cr�it or n f GENERAL CLINIC 11012345 100654e), GENERAL MEDICAL HOSPITAL 11012345 112;�4s\: V coinVnication is from a 01 R informatior f $500.00 $37.05 $1,00�0`$255.00 6V $8.70 $10.00 ttor. This is an attempt to collect a debt and any will be used for that purpose. CONNECT WITH YOUR ACCOUNT WEB PCSDirectPay.com TEXT Text "Options" to 541-403-8980 (message and data rates may apply) SCAN o� T. • o APP Download the App Search for "PCSDirectPay" $545.75 $1,265.00 Total Due: $1,946.26 NOTICE: S N%kSE FOR IMPORTANT INFORMATION HAW/003 706109 0 A *** PLENTS AIN THIS PORTION FOR YOUR RECORDS-*** --------------- 3/0000002/1 ------------------ --------------------------------------------------------------------------------- V ***PLEASE RETURPORTION OF THE NOTICE WITH YOUR PAYMENT*** V Change of Address Information - Please Complete Address: City: Home Phone: Work Phone: State : Zip: We also accept money orders and MoneyGram®. Our nearest physical location is: 400 International Way, Ste 100 Springfield, OR 97477-7002 Account #: 11238964 One Customer Total Due: $1,946.26 Phone hours (PST): Mon -Thu 5:00 am - 7:00 pm Fri 5:00 am - 5:00 pm Sat 9:00 am - 1:00 pm Toll Free (800) 555-1234 Para Espanol (888) 927-3512 ���� ® AMOUNT PAYMENT VVISA MasterCard CARDCARD NUMBER CCV# (Oa Back of Cud) SIGNATURE EXP. DATE Accounting Department P.O. Box 7548 Springfield, OR 97475-0039 Page 1 of XXBZ 1139657�003 2f8202111238964 age o 4z Page 158 of 486 P.O. Box 7548 Springfield, OR 97475-0039 December 28, 2021 One Customer 12345 Main St Springfield, OR 97477-1234 NV Professional 711K Credit Service ACCOUNT #: 11238964 PIN:1234 Total Due: $1,946.26 C Olt WE CAN HELP CREATE A SOLUTION *G We have previously sent you notice on this account and it is still not resolved. AN We understand financial challenges, and want to help you find a solution through an(� ;Oc payment plan that fits your budget. However, we can't help if you don't contact us. ff✓✓ We've also made several videos available at www.pcsdirectpay.com to help yo erstand how to establish a payment plan online, and what some of the processes are now that your acco i collections. NORTHSIDE CLINIC 88012345 100654& '% $500.00 $37.05 �` GENERAL MEDICAL HOSPITAL 11012345 11238VI $1,00*0 $255.00 $8.70 $10.00 CONNECT WITH YOUR ACCOUNT WEB PCSDirectPay.com TEXT Text "Options" to 541-403-8980 (message and data rates may apply) SCAN o� T. • o APP Download the App Search for "PCSDirectPay" $545.75 $1,265.00 otal Due: $1,946.26 01 R comVnication is from a deb colll�etor. This is an attempt to collect a debt and any information ed will be used for that purpose. NOTICE: S SE FOR IMPORTANT INFORMATION HAW/004 --706109- ------------------- ----- 1 A *** PLE AIN THIS PORTION FOR YOUR RECORDS-*** -------------- 35/0000018/1 --------------------------------------------------------------------------- V ***PLEASE RETURN T S PORTION OF THE NOTICE WITH YOUR PAYMENT*** V Change of Address Information - Please Complete Phone hours (PST): Mon -Thu 5:00 am - 7:00 pm Address: Fri 5:00 am - 5:00 pm Sat 9:00 am - 1:00 pm City: State : Zip: Toll Free (800) 555-1234 Para Espanol (888) 927-3512 Home Phone: Work Phone: We also accept money orders and MoneyGram®. Our nearest physical location is: 400 International Way, Ste 100 Springfield, OR 97477-7002 Account #: 11238964 One Customer Total Due: $1,946.26 ���� MaterCard AMOUNT PAYMENT VISA® CARD NUMBER CCV# (On Back of Cud) SIGNATURE EXP. DATE Accounting Department P.O. Box 7548 Springfield, OR 97475-0039 Page 1 of XXBZ 1139667004 8202111238964 'age o 4z Page 159 of 486 N Professional 71 Credit Primary Collections Consumer Payments made Directly to the 25% City J`v Professional Credit has chosen to offer the City one flat fee, regardless en the account is collected. Because this fee is lower than what the City is currently paying on y t vets, we think this will be a better value for the City to have a consistent, lower rate rather than a tie Icing system. We also anticipate that this will allow a higher net return to the City. • O ProfessionalCred it.com Page 1 of 1 Page 160 of 486 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (M M/DD/YYYY) 02/17/2023 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 CONTACT Angie Diethelm NAME: Christensen Group PHONE (g52) 653-1000 FAX (952) 653-1100 A/C No Ext : A/C, No E-MAIL adiethelm@christensengroup.com ADDRESS: 9855 West 78th Street, Ste 100 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Massachusetts Bay Ins Co 22306 Eden Prairie MN 55344 INSURED INSURER B : Hanover Insurance Co 22292 INSURER C : Hanover American 36064 Professional Credit Holdings Corporation INSURER D : Travelers Casualty and Surety Cc of America 19038 Ray Klein, Inc INSURER E : Evanston Insurance Co. 35378 400 International Way, Ste 250 INSURER F : Arch Specialty Insurance Co. 21199 Springfield OR 97477 COVERAGES CERTIFICATE NUMBER: 22-23 Liability 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 INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �X OCCUR DAMAGE TO PREM SES Ea oRENTED cE ante $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A ZDXH672679 06/30/2022 06/30/2023 GEN-LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO FX LOC JECT PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS ZDXH672679 06/30/2022 06/30/2023 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY /� AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCESS LAB CLAIMS -MADE UHXH672696 06/30/2022 06/30/2023 DED I I RETENTION $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N /A WZXH639116 06/30/2022 06/30/2023 X STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Professional Liab. Limit $3,000,000 D/E D) Professional Liability E) Cyber Liability 107470356/MKLV5PCY000060 06/30/2022 06/30/2023 Cyber Liab. Limit $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Fayetteville is included as an Additional Insured under the General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville ACCORDANCE WITH THE POLICY PROVISIONS. 113 W. Mountain St. AUTHORIZED REPRESENTATIVE Fayetteville AR 72701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 161 of 486 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Christensen Group NAMED INSURED Professional Credit Holdings Corporation POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes F) Excess Cyber Liability - 6/30/22-6/30/23 - Policy #C-4LPY-043447-CYBER-2022 - Limit: $3,000,000 G) Excess Cyber Liability - 6/30/22-6/30/23 - Policy #2-CIA-WA-17E-S0112562-00 - Limit: $4,000,000 Insurer G: Hudson Excess Insurance Company NAIC: 19038 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 162 of 486 STATE OF ARKANSAS COLLECTION AGENCY BOND .BOND NO. 775202420 AR KNOW ALL MEN BY THESE PRESENTS: That we RAY I=N, INC., as Principal, whose address is 2892 CRESCENT AVE EUGENE, oR 97408 and TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, as Surety, are held and firn firmly bound unto the State of Arkansas, in the sum TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000) payable to the Arkansas State Board of Collection Agencies for the use and benefit of the State for any injured party, lawful money of the United States of America, the payment of which well and truly to be made, we and each of us, bind ourselves, our heirs, executors, administrators, sucessors and assignes, jointly, and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE SUCH THAT: This bond shall provide that the person, partnership, association, or corporation giving the bond shall, upon written demand, pay and turn over to the Arkansas State Board of Collections Agencies for the person., partnership, association, or corporation from whom any account, bill, or other indebtedness is taken for collection, in accordance with the terms of the agreement upon which it was received for collection, and in accordance with the Rules and Regulations of the Arkansas State Board of Collection Agencies. The aggregate liability of the Surety for all breaches of the conditions of the bond shall, in no event, exceed the amount of the bond. The Surety shall have a right to cancel such bond upon giving thirty (30) days notice to the Arkansas State Board of Collection Agencies, and thereafter, shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation. IN WITNESS WHEREOF, said PRINCIPAL and SURETY have executed this 011d this 03 DAY OF APRIL, 2002., This bond is effective APRIL 01 2002. SURETY: , (Signature) Title: ELS"ORE G. WOODWAIRD, AttornSZ-Tn-Fact Address: ONE TOWER SQUAFE, HARTFORD, CT 06183� Countersigned by: N/A PRINCIPAL: L__9ia �i(ure) JOSEPH R HAWES, President (Printed Name & Title) (ATTACH POWER OF ATTORNEY) (SEAL) BondFoz=0798 wpd Page 163 of 486 COUNTY OF HENNEPIN) SS: PR rY County 'personally appeared ELEANORE G. ,On before me, '� . iota Public within and for said Coun and Sty WOODWARD known to me to be the Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation described in and that executed the within and foregoing instrument in behalf of said corporation and (s)he duly acknowledged to me that such corporation executed the same. EANGELA J1LL LUSCOMB Notary Public Minnesota {P` My GUMMI551o11 ExOes Jan. 31. 2005 Page 164 of 486 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 14th day of March 2001. STATE OF CONNECTICUI' )SS. Hartford COUNTY OF HARTFORD ANG USW,tA. Z. 11►gTFOFI�, s d 1982G TRAVELERS CASUALTY AND SURETY COMPANY OF A.MERICA TRAVELERS CASUALTY AND SURETY COMPANY FARIvMGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 14th day of March, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seats of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof g t1Q1`ARy ; CA>iwC Q [# Mw pU81l0 < My commission expires December 31, 2002 Notary Public Carol A. Thompson CERTIFICATE 1, the undersigw�i, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASU1,A .TY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State.of Connecticut, DU HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in frill force and has not been revoked; and furtherm©re, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Seated at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this day of , 20 . APR 0 bJh`ty ANp� GAs(1,��r MUFOM M F �. < 0 962 o e � COWL S Z By Kori M. Johanson Assistant Secretary, Bond .4 Page 165 of 486 TRAVELERS CASUALTY AIND SURETY COMPANY OF AMERICA .T VELERS CASUALTY AND grmETY COMP'' FARMENGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents snake, constitute and appoint: Patrella L Wolf, Eleanore G. Woodward, of Minneapolis, Minnesota, their true and lawful Attorney(s)»in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind. the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice. President, any Second Vice President, the Treasurer, any Assistant 'Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorngs-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogni7mices, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary_ VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond; recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribers in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY, -AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in• -Fact for Purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11.00 Standard) Page 166 of 486 View Invoice https://me.acaintemational.org/MyACA/Invoices/View-Invoice?invoiceid=%7B3 FCCFBEF-EI CB... ACA International 3200 Courthouse Ln Eagan, MN 55121-1585 (952) 928-8000 Invoice Date: 5/4/2022 Invoice #: INV-19407-T4K6J5 Bill To: Professional Credit Service Bill To Address 400 INTERNATIONAL WAY SPRINGFIELD, OR 97477 United States Invoice #: INV-19407-T4K6J5 a Description Date Quantity Price Statutory Bond Premium 5/4/2022 1.00 $150.00 Statutory Bond Admin Fee 5/4/2022 1.00 $13.00 ACH - Sale Pending 6/1/2022 1.00 $0.00 RENEW 775202420 AR $25,000-EFF. 07-01-2022 TO 07-01-2023-BATCH #tceaser_20220504_1150, tceaser Ship To Address WADE ISBELL PO BOX 7637 SPRINGFIELD, OR 97475 United States Charges Payments $150.00 $13.00 $0.00 $163.00 Total Charges: $163.00 Discount Amount: $0.00 Sales Tax: $0.00 Order Amount: $163.00 Payment & $163.00 Adjustments: Balance Due $0.00 Page 167 of 486 1 of 2 2/16/2023, 4:52 PM View Invoice https://me.acaintemational.org/MyACA/Invoices/View-Invoice?invoiceid=%7B3 FCCFBEF-EI CB... ACA International 3200 Courthouse Ln Eagan, MN 55121-1585 (952) 928-8000 Invoice Date: 5/4/2022 Invoice #: INV-19407-T4K6J5 Bill To: Professional Credit Service Bill To Address 400 INTERNATIONAL WAY SPRINGFIELD, OR 97477 United States Invoice #: INV-19407-T4K6J5 a Description Date Quantity Price Statutory Bond Premium 5/4/2022 1.00 $150.00 Statutory Bond Admin Fee 5/4/2022 1.00 $13.00 ACH - Sale Pending 6/1/2022 1.00 $0.00 RENEW 775202420 AR $25,000-EFF. 07-01-2022 TO 07-01-2023-BATCH #tceaser_20220504_1150, tceaser Ship To Address WADE ISBELL PO BOX 7637 SPRINGFIELD, OR 97475 United States Charges Payments $150.00 $13.00 $0.00 $163.00 Total Charges: $163.00 Discount Amount: $0.00 Sales Tax: $0.00 Order Amount: $163.00 Payment & $163.00 Adjustments: Balance Due $0.00 Page 168 of 486 2 of 2 2/16/2023, 4:52 PM ASA HUTCHINSON Governor DARYL E. BASSETT Secretary of Labor State of Arkansas ADLL - Collection Agency Licensing Department of Labor and Licensing 900 West Capitol Avenue, Suite 400, Little Rock, AR 72201-9709 Ph (501)-371-1434 https://www.asbca.org RAY KLEIN, INC. 400 INTERNATIONAL WAY SPRINGFIELD, OR 97477 Given under our hand and seal this 1st day of Jul, 2022. SECRETARY OF LABOR LICENSE M 2361 This license expires: 06/30/2023 EXECUTIVE DIRECTOR Page 169 of 486 CITY OF JUM FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Terry Gulley, Asst Public Works Director - Ops Chris Brown, Public Works Director FROM: Jared Rabren, Airport Director DATE: CITY COUNCIL MEMO 2023-481 SUBJECT: Surfco Restoration and Construction, LLC Terminal Lease Agreement RECOMMENDATION: The Aviation Division requests a resolution to approve and allow the Mayor to sign a three year terminal lease agreement between the City of Fayetteville and Surfco Restoration & Construction, LLC. BACKGROUND: The terminal office space is at 4500 S. School Ave, Suite C, Fayetteville, AR 72701. DISCUSSION: Surfco has been leasing this space in the airport terminal for the past three years and would like to continue to do so. They have made several improvements to the space during their lease term. BUDGET/STAFF IMPACT: This lease agreement will provide $12,000 in revenue annually to the airport. ATTACHMENTS: Surfco Lease SRF, Surfco Restoration & Construction LLC 2023 lease -signed Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 170 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-481 Surfco Restoration and Construction, LLC Terminal Lease Agreement A RESOLUTION TO APPROVE A THREE YEAR LEASE AGREEMENT WITH SURFCO RESTORATION AND CONSTRUCTION, LLC FOR OFFICE SPACE IN THE AIRPORT TERMINAL BUILDING AT 4500 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 PER MONTH 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 three year lease agreement with Surfco Restoration and Construction, LLC, a copy of which is attached to this Resolution and made a part hereof, for approximately 1807 square feet of office space in the Airport Terminal Building for rent in the amount of $1,000.00 per month. Page 1 Page 171 of 486 Jared Rabren Submitted By City of Fayetteville Staff Review Form 2023-481 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/24/2023 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: The Aviation Division requests a resolution to approve and allow the Mayor to sign a three year terminal lease agreement between the City of Fayetteville and Surfco Restoration & Construction, LLC. Budget Impact: Account Number Project Number Budgeted Item? No Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title $ V20221130 Previous Ordinance or Resolution # Approval Date: Page 172 of 486 LEASE AGREEMENT This LEASE AGREEMENT made this day of , 2023, by and between the City of Fayetteville, Arkansas, hereinafter called "City", and Surfco Restoration and Construction, LLC, 4500 S School Ave Suite.0 Fayetteville, AR 72701, hereinafter called "Surfco." WHEREAS, City is the owner of an airport known as the Fayetteville Airport, Drake Field, herein referred to as the "Airport"; and WHEREAS, City is the owner of office space at the Airport; and WHEREAS, Surfco desires to lease said office space, NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, hereby agree as follows: 1. City leases Surfco, and Surfco leases from City, approximately 1807 sq. ft. of office space in the Terminal Building located at 4500 S. School Ave, Fayetteville, Arkansas. 2. Surfco is granted the use, in common with others similarly authorized, of the airport, together with all facilities, equipment, improvements, and services which have been, or may hereafter, be provided at, or in connection with the Airport from time to time including, but not limited to, the landing field, and any extensions hereof or additions thereto, roadways, runways, ramps, aprons, taxiways, flood lights, landing lights, beacons, control tower, signals, radio aids, and all other conveniences for flying, landings and take -offs. 3. Surfco shall have at all times the full and free right in ingress to and egress from the demised premises and facilities referred to herein for Surfco, its employees, customers, passengers, guests, and other invitees. Such rights shall also extend to persons or organizations supplying materials or furnishing services to Surfco 4. Term: Subject to earlier termination as hereinafter provided, the initial term of this agreement shall be for THREE (3) year(s) commencing on the day of March , 2023, and ending on the day of February, 2026. This Lease Agreement may be terminated by either party with a sixty (30) day written notice. 5. Rent: Surfco agrees to pay the City for the use of the premises, facilities, rights, and privileges granted hereunder the sum of. ONE THOUSAND DOLLARS PER MONTH, ($1000.00) per month. Page 173 of 486 The initial lease payment is due and payable upon execution of this Lease Agreement, and all subsequent monthly lease payments shall be payable in advance on, or before, the 1" day of each month. In addition to any remedy available to it hereunder, the City may impose as additional rentals a delinquency charge on all overdue payments, at the maximum rate allowed by law. 6. City shall maintain and keep in good repair so much of the Airport premises as are not under the exclusive control of Surfco. Surfco shall, at the termination, surrender or forfeiture of this lease, return said premises in same or better condition premises were at the beginning of the lease, normal wear and tear excepted. 7. Surfco shall provide for and supply at its expense all janitor service with respect to the demised premises, and shall pay for all utilities serving the demised premises, including, but not limited to heat, light, gas, electricity, and water, sewer and trash removal. 8. Improvements: Surfco shall bear the cost of all improvements or additions made to the interior or exterior of the building on the leased premises. No improvements or additions to any part of the leased premises shall be made by Surfco without the prior written approval of the Airport Manager, whose consent will not be unreasonably withheld. Any signs or antennas to be erected on or attached to the leased premises must have the prior written approval of the Airport Manager and conform to all City Ordinances. 9. Maintenance: The City shall be responsible only for major maintenance of the existing equipment, i.e. replacement of heating unit and other equipment in place in the facility which includes, roof, exterior walls, exterior plumbing, paved ramp and paved parking lot. The City agrees that if the roof or any part of the exterior walls or exterior plumbing of said building thereof shall become defective or damaged at any time during the term due to ordinary wear and tear and not due to negligence of Surfco, or Surfco. `s agents or invites, upon notice from Surfco, the City will immediately cause repairs to be made and restore the defective portions to good condition. If the damage is so extensive as to render such building untenable, the rent payable hereunder shall be proportionally paid up to the time of such damage and shall thenceforth cease until such time as the premises shall be fully restored. 10. Surfco agrees to observe and obey City's Ordinances and Regulations with respect to use of the demised premises and Airport; provided, however, such Ordinances and Regulations shall be consistent with safety and with all city, county, and state rules, regulations, including all current fire codes, and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport, and provided further, such Ordinances and Regulations shall be consistent with the provisions of this agreement or the procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to the operation of Surfco's aircraft at the Airport. "The Minimum Standards for Fayetteville Executive Airport, Drake Field" herein referred to as Airport Minimum Standards are made part of this lease by reference as if included word for word. 2 Page 174 of 486 11. Hazardous Substance: Surfco shall not cause or permit any Hazardous Substance to be used or stored on or in the Leased Premises without first obtaining the City's written consent. If hazardous Substances are used, stored, generated, or disposed of on or in the Leased Premises or if the Leased Premises or any other Airport property becomes contaminated in any manner for which Surfco is responsible or legally liable, Surfco shall indemnify and hold harmless the City, its officers, directors, agents, servants, and employees from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses including all reasonable costs for investigation and defense thereof, (including but not limited to attorney's fees, court costs, and expert fees, and without limitation, decrease in value of the Lease Premises, damages caused by loss or restriction of rentable or usable space as a part of the Leased Premises arising during or after the term hereof and arising as a result of that contamination by Surfco, Surfco agents, employees, and invitees. This indemnification includes, without limitation, all cost incurred because of any investigation of the Airport or any cleanup, removal, or restoration mandated by a federal, state, local agency or political subdivision. 12. Surfco shall maintain in force during the Term and any extended term public liability and property damage insurance in comprehensive form as reasonably may be required by the City and specified in the Airport Minimum Standards. The insurance shall be issued by an insurer licensed to do business in the State of Arkansas. Concurrent with the execution of this Agreement, Surfco shall provide proof of insurance coverage by providing a Certificate of Lessee's Insurance coverage, a copy of the declarations page on the insurance policy, and a copy of all endorsements. The Certificates of Insurance, or endorsements attached thereto, shall provide that; (a) insurance coverage shall not be canceled, changed in coverage, or reduced in limits without at least thirty (30) days prior written notice to the City: (b) the City and the Airport and their trustees, agents, officers, servants, and employees are named as additional insured: (c) the policy shall be considered primary as regards to any other insurance coverage the City may possess, including any self -insured retention or deductible the City may have, and any other insurance coverage the City may possess shall be considered excess insurance only; (d) the limits of liability required therein are on an occurrence basis. 13. Surfco agrees to indemnify City against any and all liabilities, losses, suits, claims, judgments, fines, penalties, demands or expenses, including all reasonable costs for investigation and defense thereof, (including but not limited to attorney's fees, court costs, and expert fees, for injuries to persons or damage to property caused by Surfco use or occupancy of the lease premises; provided, however, that Surfco shall not be liable for any injury, damage or loss arising from the negligence of City or its agents or employees; and provided further, that each party shall give prompt and timely notice of any claim made or suit instituted which in any way directly or indirectly affects or might affect either party, and each party shall have the right to compromise and defend the same to the extent of its own interest. This clause shall not be construed to waive that tort immunity as set forth under Arkansas Law. 14. Surfco agrees that it will not discriminate by segregation or otherwise against any person or persons because of race, creed, color, religion, national origin, sex, marital status, or handicap in the furnishing, or by refusing to furnish, to such persons the use of any facility, including any and 3 Page 175 of 486 all services, privileges, accommodations, and activities provided thereby. Nothing herein shall require the furnishing to the general public of the use of any facility customarily furnished by the City solely to tenants, their employees, customers, patients, client, guests, and invites. 15. Assigning, Subletting and Encumbering. Surfco shall not assign this Agreement in whole or in part, nor sublease all or any part of the Leased Premises, nor permit other persons to occupy said Leased Premises or any part thereof, not grant any license or concession for all or any part of said Leased Premises, without the prior written consent of the Airport Manager, which consent shall not be unreasonably withheld. Any consent by the Airport to an assignment or subletting of this Agreement shall not constitute a waiver of the necessity of obtaining that consent as to any subsequent assignment. Any assignment for the benefit of Surfco's creditors or otherwise by operation of law shall not be effective to transfer or assign Surfco's interest under this Agreement unless the Airport shall have first consented thereto in writing. Neither Surfco's interest in this Agreement, not any estate created hereby in Surfco nor any interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law except as may specifically be provided in the Bankruptcy Code. If any of the corporate shares of stock of Surfco are transferred, or if any partnership interests of Surfco are transferred, by sale, assignment, bequest, inheritance, operation of law, or otherwise, so as to result in a change of the control, assets, value, ownership, or structure of Surfco, same shall be deemed an assignment for the purposes of this Section 17 and shall require the Airport's prior consent, and Surfco shall notify the Airport of any such change or proposed change. 16. On the expiration or other termination of this lease Surfco's right to use the demised premises shall cease, and Surfco shall vacate the premises without unreasonable delay. All property installed, erected, or placed by Surfco in, on, or about the premises leased Surfco shall have the right at any time during the term of this agreement, or any renewal or extension hereof, and for an additional period of fourteen (14) days after the expiration or other termination of this agreement, to remove any or all of such property, subject, however, to Surfco's obligation to repair all damage, if any, resulting from such removal. Any and all property not removed by Surfco prior to the expiration of the aforesaid fourteen (14) day period shall thereupon become a part of the land on which it is located and title hereto shall thereupon vest in City. 17. City may enter the premises leased to Surfco at any reasonable time for any purpose necessary or incidental to the performance of its obligations or Surfco's obligations hereunder. 18. Surfco shall maintain the demised premises in a clean and orderly fashion at all times. 19. Surfco, agrees that habitation of the hangar building or offices as a residence is prohibited. 20. Any notice or consent required by this Agreement shall be sufficient if sent by Certified Mail, return receipt requested, postage paid, to the following address: 4 Page 176 of 486 CITY OF FAYETTEVILLE DRAKE FIELD Surfco Restoration & Construction LLC Airport Administration Office Brock Emanuel 4500 S. School Avenue, Suite F 4500 School Ave Ste. C Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72701 Phone: (479) 718 -7642 Phone: (479) 287- 6213 24. This agreement shall be construed under the laws of the State of Arkansas. 25. All the covenants, conditions, and provisions under this agreement shall extend to and bind the legal representative, successors, and assigns of the respective parties hereof. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Lioneld Jordan, Mayor ATTEST By: Kara Paxton, City Clerk Treasurer Surfco Restor tion & onstruction, LLC By: Br ck Emanu 1 r Title 5 Page 177 of 486 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 CITY COUNCIL MEMO 2023-497 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: SUBJECT: Approval of a contract amendment #3 with Hawkins Weir Engineers, Inc. in the amount of $80,660 for a total contract amount not to exceed $455,160 for additional engineering design services and construction phase services associated with flooding near the intersection of N College Ave and E Sunbridge Dr. and approval of a budget adjustment RECOMMENDATION: Staff recommends approval of a contract amendment #3 with Hawkins Weir Engineers, Inc. in the amount of $80,660 for a total contract amount not to exceed $455,160 for additional engineering design services and construction phase services associated with flooding near the intersection of N College Ave and E Sunbridge Dr. and approval of a budget adjustment. BACKGROUND: Hawkins Weir was selected originally for this project by RFQ 19-01 selection #15 with the original contract being approved through resolution 211-19. That contract included conceptual drainage work to determine the impacts of proposed detention basins and the original proposed routing. Subsequently, the contract was amended through resolution 124-20 to include an investigation of alternative storm drain routing. Based on the conceptual layouts and investigation, the most feasible routing option was determined and plans began to be developed. DISCUSSION: This project has been identified as one of the projects to be funded by the 2019 Drainage Bond Program. Hawkins -Weir Engineers, Inc has provided a proposed scope and an additional fee/reimbursables in the amount of $80,660 to complete additional design services as well as construction phase services to include as- builts, change orders, field revision review and some observation services. The contract will be paid based on hourly rates for work completed, up to the total contract amount (currently $455,160 including this amendment). The current total estimated project amount is $5.5 million for construction and asement acquisition is currently underway. BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Drainage Bond Project. ATTACHMENTS: SRF Hawkins Weir Amend 3, 2023-497 BA Hawkins Weir Amend 3, Sunbridge & College - Amendment No. 3 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 178 of 486 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 179 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-497 Approval of a contract amendment #3 with Hawkins Weir Engineers, Inc. in the amount of $80,660 for a total contract amount not to exceed $455,160 for additional engineering design services and construction phase services associated with flooding near the intersection of N College Ave and E Sunbridge Dr. and approval of a budget adjustment A RESOLUTION TO APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN THE AMOUNT OF $80,660.00 FOR ADDITIONAL SERVICES ASSOCIATED WITH THE PROJECT TO ALLEVIATE FLOODING NEAR THE NORTH COLLEGE AVENUE AND EAST SUNBRIDGE DRIVE INTERSECTION, AND TO APPROVE A BUDGET ADJUSTMENT— 2019 DRAINAGE BOND PROJECT WHEREAS, on September 17, 2019, the City Council passed Resolution 211-19 to authorize Mayor Jordan to sign a Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. for conceptual drainage design services to alleviate the flooding at the intersection of North College Avenue and East Sunbridge Drive; and WHEREAS, Amendment No. 3 provides for additional design services as well as construction phase services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign Amendment No. 3 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount of $80,660.00 for engineering design services and construction phase services associated with the project to alleviate flooding near the intersection of North College Avenue and East Sunbridge Avenue. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 180 of 486 City of Fayetteville Staff Review Form 2023-497 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 2/28/2023 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract amendment #3 with Hawkins Weir Engineers, Inc. in the amount of $80,660 for a total contract amount not to exceed $455,160 for additional engineering design services and construction phase services associated with flooding near the intersection of N College Ave and E Sunbridge Dr. and approval of a budget adjustment 4704.860.7415-5860.02 Account Number 46040.7415.1000 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: 2019-661 2019-36 Budget Impact: 4704-Drainage Projects (2022 Bonds) Fund Drainage Projects (Bonds) - Sunbridge/College Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 9,443,214.00 $ 2,166,055.41 $ 7,277,158.59 $ 80,660.00 $ 7,196,498.59 V20221130 Previous Ordinance or Resolution # 211-19; 124-20, 278-2C Approval Date: Page 181 of 486 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2023 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a contract amendment #3 with Hawkins Weir Engineers, Inc. in the amount of $80,660 for a total contract amount not to exceed $455,160 for additional engineering design services and construction phase services associated with flooding near the intersection of N College Ave and E Sunbridge Dr. and approval of a budget adjustment COUNCIL DATE: 3/14/2023 ITEM ID#: 2023-497 Noll y Black 31212023 5:57 RIP Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - - v.2023223 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4704.860.7999-5899.00 (80,660) - 46040 7999 EX Unallocated - Budget 4604.860.7415-5860.02 80,660 - 46040 7415.1000 EX Capital Prof Svcs - Engineering/Architecture 1 I 1 Page 182 of 486 AMENDMENT NO.3 TO THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Sunbridge/College, Phase 1 Drainage Project (HW Project No. 2019070), dated September 17, 2019, between the City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins -Weir Engineers, Inc. (hereinafter called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by this Amendment No. 3. SECTION 1— SCOPE OF SERVICES 1.1 The City of Fayetteville Engineering Department has directed the Engineer to amend services included in the AGREEMENT on the PROJECT. These amended services include the additional surveying and engineering design services necessary to complete the final design of the project (Task 4); and Construction Phase Services (Task 5). Detailed services included in AMENDMENT NO. 3 are included in the attached Appendix A, Scope of Services. SECTION 2 — TIME OF SERVICE 2.1 The additional scope of services defined as Task 4 above will be completed within 210 calendar days added to the 525 calendar days provided in the AGREEMENT and previous AMENDMENT NOS. 1 AND 2. The additional scope of services defined as Task 5 above will be completed within a 390-calendar day construction Contract Time in 2023 and 2024. Engineer will proceed with providing the services set forth herein immediately upon execution of this AMENDMENT NO. 3. Amendment No. 3 - FEB. 28, 2023 .doex Pagel of 2 February 28, 2023 Page 183 of 486 SECTION 3 — COMPENSATION 3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the terms of the Agreement. Total payment for Scope of Services described herein shall not exceed Eighty Thousand Six Hundred Sixty and 00/100 Dollars ($80,660.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $430,860.00 and the not to exceed reimbursable expenses to $24,300.00, for a total contract amount of $455,160.00. Attachments: Appendix A, Scope of Services dated February 2023 Appendix B, Fee Proposal Breakdown dated February 2023 AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS Un Honorable Lioneld Jordan, Mayor Date: ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. By: 5 G' J. Kyle Salyer, P.E., P.S. Vice President Date: Z�ZB/Zo23 Amendment No. 3 - FEB. 28, 2023 .docx Page 2 of 2 February 28, 2023 Page 184 of 486 Appendix B Amendment No. 3 Fee Proposal Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 February 2023 Task 4 - Additional Design Services 1. Revised public sanitary sewer relocation plans across 64 E Granada Street 2. Revised public water relocation plans across 267 E Granada Street 3. Realign drainage channel across 2709 N Drake street 4. Evaluate private development plans as requested at 2709 N Drake Street 5. Prepare additional land descriptions and exhibits for permanent and temporary 6. Assist the Owner with Easement Acquisition by staking properties 7. Assist the Owner in NWP permitting with USACE TOTAL HOURS= Task 5 - Construction Phase Services 1. Conduct Pre -Construction Conference with the Owner and Contractor 2. Conduct a field survey to establish control monumentation 3. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, field orders, and change orders as directed by the Owner 4• Provide a weekly project site visit during construction of the improvements 1�1 5. Assists the Owner with preparation of Monthly Pay Requests 6. Coordinate and conduct a final inspection with the Owner and Contractor, and prepare a punch list of deficient construction items for the Contractor to address 7. Conduct as -built surveys of completed water and sanitary sewer improvements 8. Conduct as -built surveys of completed drainage improvements 9. Prepare record Drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives TOTAL HOURS= WNM CITY OF FAYETTEVILLE ARKANSAS Engr Engr VII IV Tech IV Tech 1 Insp II Surveyor GPS Survey 4 12 16 4 8 4 24 24 2 2 4 8 16 2 4 8 16 2 16 4 8 16 64 52 16 0 24 16 Task Subtotal $24,900 Engr VII Engr IV Tech IV Tech 1 Insp II Surveyor GPS Survey 2 2 4 4 2 2 8 12 8 32 16 18 1 52 12 16 24 12 8 8 8 2 8 24 8 4 16 2 8 24 8 4 24 2 8 16 56 136 64 44 40 16 52 Task Subtotal 555,760 (1) Based on 390-calendar day Contract Time (360-calendar days until substantial completion, and 30-calendar days until final completion thereafter). Site visit is based on 1-hour per week through the substantial completion date for Eng. IV. Engineering Services Summary Task Additional Design Services $24,900 Task 5 Construction Phase Services $55,760 Total Amendment No. 3 Fee - Not to Exceed $80,660 2019070\Scope of Services and Fee Proposal Amendment No. 3.xlsx Page 185 of 486 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Asst Public Works Director - Ops FROM: Byron Humphry, Parks Maintenance Superintendent DATE: CITY COUNCIL MEMO 2023-507 SUBJECT: Contract with TBD for Construction Manager at Risk (CMAR) Services for the Lake Fayetteville Softball Improvement project. RECOMMENDATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc., in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $38,950.00. BACKGROUND: On October 4, 2022, City Council approved Resolution 224-22 to enter a contract with Crafton Tull & Associates, Inc. to provide professional architectural and engineering service associated with the design of the Lake Fayetteville Softball Improvement project. Crafton Tull is currently working through the preliminary design of the softball complex renovations. In late March, Crafton Tull will begin the process of refining the plan into the final design. At this point it becomes critical for project success to have construction management services available to evaluate design, suggest localized construction methods and materials and provide costs to various design elements. DISCUSSION: On January 22, 2023, the City of Fayetteville advertised RFQ 23-02 and accepted requests for qualifications from construction management companies to provide CMAR services for the Lake Fayetteville Softball Improvement project. On February 23, 2023 a selection committee made up of City staff and elected officials reviewed submittals from four construction management professionals that responded to the request for qualifications and short listed the applicants to two companies. On March 9, 2023, the selection committee interviewed the two companies. The committee selected and negotiated a contract with TBD to complete this task. The scope of work for the CMAR will be split into two phases: The contract for consideration at this time is Phase 1 only and will consist of preconstruction services. This will include working closely with Crafton Tull to provide timely cost estimating for construction methods and practices and material selections. This estimate will be used to establish the construction budget. Phase 2 will commence upon the completion of the final design of the Lake Fayetteville Softball Improvement project. The City with negotiate the final construction cost which will be reflected in the Guaranteed Maximum Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 186 of 486 Price (GMP). The GMP proposal will include all cost associated with the construction of the Lake Fayetteville Softball Improvement project. BUDGET/STAFF IMPACT: The maximum not -to -exceed amount authorized for Phase 1 for preconstruction services for this agreement is $38,950.00. Phase 2 of this project is contingent upon City Council approval of the GMP change order proposal. ATTACHMENTS: SRF - CMAR Lake Fayetteville Softball, RFQ 23-02 CONTRACT, Updated SRF - CMAR Lake Fayetteville Softball, Updated SRM CMAR Lake Fayetteville Softball Improvements, Updated RFQ 23-02 Combined Final Contract - Signed Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 187 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-507 Contract with TBD for Construction Manager at Risk (CMAR) Services for the Lake Fayetteville Softball Improvement project. A RESOLUTION TO AUTHORIZE A CONSTRUCTION MANAGER AT RISK SERVICES CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC., IN AN AMOUNT NOT TO EXCEED $38,950.00, PURSUANT TO RFQ 23-02, FOR THE LAKE FAYETTEVILLE SOFTBALL IMPROVEMENT 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 a Construction Manager at Risk Services Contract with Crossland Heavy Contractors, Inc., in an amount not to exceed $38,950.00, pursuant to RFQ 23-02, for the Lake Fayetteville Softball Improvement Project. Page 1 Page 188 of 486 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2023-507 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/2/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with TBD, in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $XX,XXX.00. 4705.860.7505-5315.00 Account Number 46050.7505.1000 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Parks Project 2022 Bonds Fund Lake Fayetteville Improvements, Softball Fields Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 13,436,379.00 $ 2,437,552.04 10,998,826.96 10,998,826.96 V20221130 Previous Ordinance or Resolution # 224-22 Approval Date: Page 189 of 486 Aft CITY OF IVFAYETTEVILLE ARKANSA CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 23-02, CMAR — Lake Fayetteville Ballfield Renovations between City of Fayetteville, Arkansas and TBD THIS AGREEMENT is made this day of , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and TBD (construction manager at risk, hereinafter called CMAR, Construction Manager, or TBD 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. TBD's Tax identification number (TIN) ending in #### ii. TBD's Arkansas Contractor License No. ######## iii. TBD's Secretary of State Filing No. ########## 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: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 1 of 25 Last Revised 02.24.23 Page 190 of 486 i. Appendix A: Scope of Services ii. Appendix B: CMAR Fee Schedule iii. Appendix C: RFQ 23-02, Construction Manager at Risk for Lake Fayetteville Ballfield Renovations iv. Appendix D: TBD's Response to RFQ 23-02 v. Appendix E: TBD'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, affidavits, and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFQ 23-02 (d) City's published RFQ 23-02 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. TBD: Attention: Name of Contact, Full Address of Selected Firm 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 2 of 25 Last Revised 02.24.23 Page 191 of 486 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. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 3 of 25 Last Revised 02.24.23 Page 192 of 486 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 4 of 25 Last Revised 02.24.23 Page 193 of 486 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. 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, sub - subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 5 of 25 Last Revised 02.24.23 Page 194 of 486 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. 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 "Sub -subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub - subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier" is a person or entity retained by 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 6 of 25 Last Revised 02.24.23 Page 195 of 486 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. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 7 of 25 Last Revised 02.24.23 Page 196 of 486 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 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 8 of 25 Last Revised 02.24.23 Page 197 of 486 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 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. b. Phase 1: Pre -Construction Services i. The maximum not -to -exceed amount authorized for this phase is $XX,XXX.00 USD. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase 2: Guaranteed Maximum Price (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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 9 of 25 Last Revised 02.24.23 Page 198 of 486 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 10 of 25 Last Revised 02.24.23 Page 199 of 486 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. f. 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. 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 11 of 25 Last Revised 02.24.23 Page 200 of 486 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 inclusive of any approved contingency. Bonds shall be provided within ten (10) calendar days after GMP change order has been executed and approved by all parties. a. 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 (including any approved contingency) 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: a. 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 regards 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. d. 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. 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. 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 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. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 12 of 25 Last Revised 02.24.23 Page 201 of 486 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: Month DIVS Jan rebmary March 8 ril g Ma{ c June July - August September - October - November - December S i. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 13 of 25 Last Revised 02.24.23 Page 202 of 486 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. 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. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 14 of 25 Last Revised 02.24.23 Page 203 of 486 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: a. 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. b. 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. c. 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. d. Final payment shall be due on Construction Manager's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. vi. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 15 of 25 Last Revised 02.24.23 Page 204 of 486 are fully completed and accepted. Such payment shall not constitute a waiver of claims, but otherwise shall be governed by this section. vii. 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. e. 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: a. 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: a. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 19. Venue: a. Venue for all legal disputes shall be Washington County, Arkansas. 20. Freedom of Information Act: a. 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 16 of 25 Last Revised 02.24.23 Page 205 of 486 21. Changes in Scope or Price: a. 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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 17 of 25 Last Revised 02.24.23 Page 206 of 486 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, sub -subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 18 of 25 Last Revised 02.24.23 Page 207 of 486 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, Sub -subcontractor, 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. 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 19 of 25 Last Revised 02.24.23 Page 208 of 486 23. Professional Responsibility: a. 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 Bond Projects & Construction Manager, or their designee, is the project representatives with respect to the services to be performed under this Agreement. The Bond Projects & Construction Manager 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: a. 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: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 20 of 25 Last Revised 02.24.23 Page 209 of 486 i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that 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 affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to 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 affected by CMAR, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 21 of 25 Last Revised 02.24.23 Page 210 of 486 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 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 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: a. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 22 of 25 Last Revised 02.24.23 Page 211 of 486 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 23 of 25 Last Revised 02.24.23 Page 212 of 486 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. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 24 of 25 Last Revised 02.24.23 Page 213 of 486 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and TBD by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Lioneld Jordan, Mayor ATTEST By: Kara Paxton, City Clerk Date Signed: FULL NAME OF SELECTED FIRM By: Signature -39 Printed Name and Title Date Signed: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 25 of 25 Last Revised 02.24.23 Page 214 of 486 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2023-507 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 03/14/2023 Additional Information / Recieved From Bryan Humphrey Via Email At 2:27 P.M 3/2/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc., in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $38,950.00. Budget Impact: 4705.860.7505-5315.00 Parks Project 2022 Bonds Account Number Fund 46050.7505.1000 Lake Fayetteville Improvements, Softball Fields Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 13,436,379.00 $ 2,437,552.04 10,998,826.96 $ 38,950.00 10,959,1 V20221130 Purchase Order Number: Previous Ordinance or Resolution # 224-22 Change Order Number: Original Contract Number: Comments: Approval Date: Page 215 of 486 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Assistant Public Works Director CITY COUNCIL MEMO 03/14/2023 Additional Information / Recieved From Bryan Humphrey Via Email At 2:27 P.M FROM: Byron Humphry, Park Maintenance Superintendent DATE: March 2, 2023 SUBJECT: Contract with Crossland Heavy Contractors, Inc. for Construction Manager at Risk (CMAR) Services for the Lake Fayetteville Softball Improvement project. RECOMMENDATION: Staff recommends approval of a contract with Crossland Heavy Contractors, Inc., in reference to RFQ 23-02, to provide CMAR services related to the Lake Fayetteville Softball Improvement project for a not to exceed fee of $38,950.00. BACKGROUND: On October 4, 2022, City Council approved Resolution 224-22 to enter a contract with Crafton Tull & Associates, Inc. to provide professional architectural and engineering service associated with the design of the Lake Fayetteville Softball Improvement project. Crafton Tull is currently working through the preliminary design of the softball complex renovations. In late March, Crafton Tull will begin the process of refining the plan into the final design. At this point it becomes critical for project success to have construction management services available to evaluate design, suggest localized construction methods and materials and provide costs to various design elements. DISCUSSION: On January 22, 2023, the City of Fayetteville advertised RFQ 23-02 and accepted requests for qualifications from construction management companies to provide CMAR services for the Lake Fayetteville Softball Improvement project. On February 23, 2023 a selection committee made up of City staff and elected officials reviewed submittals from four construction management professionals that responded to the request for qualifications and short listed the applicants to two companies. On March 9, 2023, the selection committee interviewed the two companies. The committee selected and negotiated a contract with Crossland Heavy Contractors, Inc. to complete this task. The scope of work for the CMAR will be split into two phases: The contract for consideration at this time is Phase 1 only and will consist of preconstruction services. This will include working closely with Crafton Tull to provide timely cost estimating for Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 216 of 486 construction methods and practices and material selections. This estimate will be used to establish the construction budget. Phase 2 will commence upon the completion of the final design of the Lake Fayetteville Softball Improvement project. The City with negotiate the final construction cost which will be reflected in the Guaranteed Maximum Price (GMP). The GMP proposal will include all cost associated with the construction of the Lake Fayetteville Softball Improvement project. BUDGET/STAFF IMPACT: The maximum not -to -exceed amount authorized for Phase 1 for preconstruction services for this agreement is $38,950.00. Phase 2 of this project is contingent upon City Council approval of the GMP change order proposal. Attachments: Contract with Crossland Heavy Contractors, Inc. for approval of Phase 1 Page 217 o?486 03/ 14/2023 Additional Information / Recieved AAdmWftp-- CITY OF From Bryan Humphrey FAYETTEVILLE Via Email At 3:40 P.M ARKAN A CONTRACT FOR PROFESSIONAL SERVICES CONSTRUCTION MANAGER AT RISK RFQ 23-02, CMAR — Lake Fayetteville Ballfield Renovations between City of Fayetteville, Arkansas and Crossland Heavy Contractors, Inc. THIS AGREEMENT is made this day of , 2023, 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 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's Tax identification number (TIN) ending in 3185 ii. Crossland's Arkansas Contractor License No. 0067301123 iii. Crossland'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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 1 of 25 Last Revised 03.14.23 Page 218 of 486 a. Appendices included under this agreement include the following: i. Appendix A: Scope of Services ii. Appendix B: CMAR Fee Schedule iii. Appendix C: RFQ 23-02, Construction Manager at Risk for Lake Fayetteville Ballfield Renovations iv. Appendix D: Crossland's Response to RFQ 23-02 v. Appendix E: Crossland'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, affidavits, and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) CMAR's response to RFQ 23-02 (d) City's published RFQ 23-02 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, 705 S. Lincoln Street, Lowell, AR 72745 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 2 of 25 Last Revised 03.14.23 Page 219 of 486 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. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 3 of 25 Last Revised 03.14.23 Page 220 of 486 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 4 of 25 Last Revised 03.14.23 Page 221 of 486 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. 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, sub - subcontractors, or suppliers of (a) and (b); and others employed directly or indirectly by (a), (b), or (c) or any by any of them or for whose acts any of them may be liable. o. "Overhead" means (a) payroll costs, burden, and other compensation of 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 5 of 25 Last Revised 03.14.23 Page 222 of 486 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. 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 "Sub -subcontractor" is a person or entity who has an agreement with a Subcontractor or another sub - subcontractor or Supplier to perform a portion of the Subcontractor's Work or supply material or equipment. x. A "Supplier' is a person or entity retained by 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 6 of 25 Last Revised 03.14.23 Page 223 of 486 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. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 7 of 25 Last Revised 03.14.23 Page 224 of 486 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 8 of 25 Last Revised 03.14.23 Page 225 of 486 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 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. b. Phase 1: Pre -Construction Services i. The maximum not -to -exceed amount authorized for this phase is $38,950.00 USD. Fees shall be paid to the CMAR from the City based Lump Sum basis as described in Appendix B. c. Phase 2: Guaranteed Maximum Price (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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 9 of 25 Last Revised 03.14.23 Page 226 of 486 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 10 of 25 Last Revised 03.14.23 Page 227 of 486 d. 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. e. 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. f. 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. g. 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. h. 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. i. 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 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. i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against CMAR or sureties under this Agreement. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 11 of 25 Last Revised 03.14.23 Page 228 of 486 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 inclusive of any approved contingency. 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 (including any approved contingency) 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: a. 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 regards 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. d. 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. 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. 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 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 12 of 25 Last Revised 03.14.23 Page 229 of 486 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. f. 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. i. 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: January 11 February 9 March 8 April 8 NLV 8 June 8 J 7 J5UIV y } S el Qmber October +J� J7 November J December 8 i. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 13 of 25 Last Revised 03.14.23 Page 230 of 486 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. 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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 14 of 25 Last Revised 03.14.23 Page 231 of 486 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: a. 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. b. 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. c. 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. d. Final payment shall be due on Construction Manager's submission of the following to the City: i. an affidavit declaring any indebtedness connected with the Work, to have been paid, satisfied, or to be paid with the proceeds of final payment, so as not to encumber City property; ii. as -built drawings, manuals, copies of warranties, and all other close-out documents required by the Contract Documents; iii. release of any liens, conditioned on final payment being received; iv. consent of any surety; and v. any outstanding known and unreported accidents or injuries experienced by Construction Manager or its Subcontractors at the Worksite. vi. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 15 of 25 Last Revised 03.14.23 Page 232 of 486 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. vii. 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. e. 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: a. 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: a. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 19. Venue: a. Venue for all legal disputes shall be Washington County, Arkansas. 20. Freedom of Information Act: a. 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 16 of 25 Last Revised 03.14.23 Page 233 of 486 21. Changes in Scope or Price: a. 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 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 17 of 25 Last Revised 03.14.23 Page 234 of 486 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, sub -subcontractors, and design professionals for damages caused by risks covered by the property insurance, except such rights as they may have to the proceeds of the insurance. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 18 of 25 Last Revised 03.14.23 Page 235 of 486 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, Sub -subcontractor, 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. 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 19 of 25 Last Revised 03.14.23 Page 236 of 486 23. Professional Responsibility: a. 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 Bond Projects & Construction Manager, or their designee, is the project representatives with respect to the services to be performed under this Agreement. The Bond Projects & Construction Manager 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: a. 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: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 20 of 25 Last Revised 03.14.23 Page 237 of 486 i. Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that 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 affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to 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 affected by CMAR, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 21 of 25 Last Revised 03.14.23 Page 238 of 486 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 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: a. 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 22 of 25 Last Revised 03.14.23 Page 239 of 486 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 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. RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 23 of 25 Last Revised 03.14.23 Page 240 of 486 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. 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 RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 24 of 25 Last Revised 03.14.23 Page 241 of 486 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and Crossland Heavy Contractors, Inc. by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Lioneld Jordan, Mayor ATTEST By: Kara Paxton, City Clerk Date Signed: Digitally signed by Dan Thompson DN: C=US, E-dthompson@heavycontractom, Dan Thompson O=Crossland Heavy Cont acto s, OU=CHC, CN=Dan Thompson Reason: I am approving this document By: Date: 2023.03,14 13:43:18-05'00' Signature Daniel A. ThompsonVice President Printed Name and Title Date Signed: RFQ 23-02, CMAR - Lake Fayetteville Ballfield Renovations Page 25 of 25 Last Revised 03.14.23 Page 242 of 486 APPENDIX A — SCOPE OF WORK for CONTRACT FOR PROFESSIONAL SERVICES — CONSTRUCTION MANAGER AT RISK RFQ 23-02, CMAR — Lake Fayetteville Ballfield Renovations 1. PROJECT SUMMARY Crossland Heavy Contractors, Inc. shall provide construction management at risk (CMAR) services for the Lake Fayetteville Softball Renovation Project. The project includes storm drainage, fencing & related field infrastructure, natural & synthetic turf, irrigation & pump system, athletic field & parking lot lighting, and sidewalk & parking improvements. A. Storm Drainaee i. Enhance and/or replace the existing storm drainage to accommodate runoff from field and parking areas. ii. Grade fields and/or install in field drainage system to provide controlled drainage from field surface. iii. Provide drainage system under synthetic turf infield that connects to storm drain. B. Fencing & Related Field Infrastructure i. Replace existing chain link fencing with poly -coated chain link with a mow strip. ii. Provide backstop fencing and netting combination, bleachers, and bleacher covers for safety of spectators. iii. Provide covered chain link dugouts and team benches. iv. Provide batting cage system with netting and turf covered concrete pad. V. Provide foul poles, scoreboard, and field signage. C. Natural & Svnthetic Turf i. Certified hybrid Bermuda grass sod in outfield. ii. Synthetic turf infield with multiple base settings to accommodate multiple uses. D. Irrigation & Pump System i. Provide new irrigation to outfield turf. ii. Provide upgraded irrigation pump system to utilize lake water. E. Athletic Field & Parking Lot LiRhti i. Relocate athletic field lighting poles as necessary. ii. Add lighting for batting cages. iii. Add security lighting for complex and parking lot. F. Sidewalk & ParklnE Improvements i. Provide concrete ADA sidewalks and concourse as needed. RFQ 23-02, CMAR —Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 1 of 4 — Last Revised: 03.14.23 Page 243 of 486 ii. Provide ADA parking spaces as needed and improve parking lot layout with tree islands. iii. Improve dumpster pad and approach. iv. Improve hard surface use areas as needed. 2. SCOPE OF WORK A. Overview: Phases to be completed 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. Crossland Heavy Contractors, Inc. shall coordinate with the design team composed of Crafton Tull & Associates 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 Construction Documents Phase 1. Review Construction Documents/Plans and Specifications. Crafton Tull & Associates 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). 2. Attend follow up meetings with the design team. 3. Provide guidance to Crafton Tull & Associates 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. S. Assist Crafton Tull & Associates in responding in writing to all Design Team comments on plans. 6. Assist Crafton Tull & Associates and the City with the bid form and identify all separate trade packages. 7. Facilitate with Crafton Tull & Associates 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. 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. RFQ 23-02, CMAR —Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 2 of 4 — Last Revised: 03.14.23 Page 244 of 486 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 and facilitating a public bid opening. 5. Maintain open communication with the City Purchasing Division during any process involving Request for Information (RFI). 6. 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. A public bid opening shall be held at the CMAR's advertised location at a time and date communicated with the City Purchasing Division. 9. Design of all Bid Proposals. 10. CMAR to provide City with 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, 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. 11. Attend City Council meeting(s) for the recommendation for award of Contract(s) for Construction. a. CMAR shall provide with each recommendation for award, a signed affidavit which states the CMAR agrees that all Arkansas state procurement laws and City Purchasing policies have been followed and performed. C. Phase 2: Guaranteed Maximum Price and Construction Administration Phase 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 Crafton Tull & Associates 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. Crafton Tull & Associates will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. RFQ 23-02, CMAR —Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 3 of 4 — Last Revised: 03.14.23 Page 245 of 486 S. Review site visit report from the Crafton Tull & Associates, 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 architect 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. ii. Project Close Out 1. Provide Warranty Services during the entire Warranty Period. Crafton Tull & Associates 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 Crafton Tull & Associates 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 Crafton Tull & Associates (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 23-02, CMAR —Lake Fayetteville Ballfield Renovations APPENDIXA — SCOPE OF WORK Page 4 of 4 — Last Revised: 03.14.23 Page 246 of 486 Appendix B: Fee Schedule CROSSLAND HEAVY CONTRACTORS March 13, 2023 Amanda Beilfuss Senior Purchasing Agent City of Fayetteville, AR RE: — Lake Fayetteville Ballpark 23-02 - CMAR Preconstruction Services Fee Proposal Ms. Beilfuss, Crossland Heavy Contractors is pleased to present to you our Preconstruction phase services fee proposal for the above referenced project. - The Preconstruction Phase Services shall be a not -to -exceed lump sum of $38,950.00. This includes an amount of $28,950.00 for the Phase 1 Services Scope of Work. An additional allowance of $10,000.00 for potholing with a Hydro —Excavator for up to 40 hours has been included. - The Construction Manager fee shall be 6.0%. - The Fee for Preconstruction phase services shall be invoiced as follows: 50% upon completion of Phase - Construction Documents Phase 50% upon completion of Phase - 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 Please call or email with questions or concerns. Respectfully, Garrett Street Pre -Construction Manager Cell: 620-202-1834 gstreet(c�heavycontractors.com Page 1 of 1 $125.00/hr $105.00/hr $115.00/hr $110.00/hr $110.00/hr $90.00/h r $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.) Page 247 of 486 RAYETTEYILLE AR 1!A N drAS City of Fayetteville, AR Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 Phone: 479-575-8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations DEADLINE: Thursday, February 16, 2023 prior to 2:00:00 PM, local time PRE -PROPOSAL CONFERENCE: Thursday, February 2, 2023 at 2:00 PM on -site at Lake Fayetteville Park, 1153 Lake Fayetteville Rd., Fayetteville, AR 72764 DELIVERY LOCATION: Electronic via the City's Online Bidding Portal PURCHASING CONTACT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 01&/23, 01/23/23 & 01/24/23 — Q� VV^ ,o v �. Late uali ' t ns '&t be ce ted. z N Request for Qualifications (RFQ's) shalbm in accordance with the attached City of Fayetteville specifications and RFQ e ached hereto. Each Proposer is required to fill in ever blank and shall supply all infor atlbn requested; failure to do so may be used as Y pp Y q - Y basis of rejection. Any statement of qu�NiN�_ ion will be rejected that violates or conflicts with state, local, or federal laws, ordinanc s, policies. All RFQ's shall be submitted electronically via the City's Online Bidding Portal at http://fayetteville-ar.gov/bids. Physical submittals are not allowed for this RFQ. The proposer hereby offers to furnish & deliver the articles or services as specified, at the 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 Division. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 1 of 24 Page 248 of 486 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Advertisement City of Fayetteville, Arkansas Request for Statements of Qualification RFQ 23-02, Construction Manager at Risk (CMAR) for Lake Fayetteville Ballfield Renovations 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 Lake Fayetteville Ballfield Renovations Project. The project includes storm drainage, fencing & related field infrastructure, natural & synthetic turf, irrigation & pump system, athletic field & parking lot lighting, and sidewalk & parking improvements. Professional Services required include: 1. Ensure all funds are spent in accordance with State of Arkansas Procurement laws 2. Guaranteed maximum price construction 3. Cost Estimating ^ 4. Sub -contractor bidding O �1/• 5. Project and change order pricing 6. Schedule control 7. Management of demolition and reconstr c12t o� 8. Cost reduction and control 9. Project coordination with the des' Fni n eer a iCity Fa tteville. 10. Project close out �` "► D' 11. Warranty V e) v To be considered, statements of qualifica all be �i ed electronically through the City of Fayetteville, Purchasing Division's online bidding platfor by Thu ebruar 16 2023 before 2:00:00 PM, local time. A non -mandatory pre -proposal conference Zeld on Thursday, February 2, 2023 at 2:00 PM on -site at Lake Fayetteville Park 1153 Lake Fayette ie RfJN, Fa etteville AR 72764. 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://fayetteville- ar.gov/bids. All questions regarding the process should be directed to Amanda Beilfuss at abeilfuss@fayetteville-ar.gov. Statements of qualification submitted shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 2 of 24 Page 249 of 486 The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. City of Fayetteville By: Amanda Beilfuss, Sr. Purchasing Agent P:479.575.8220 abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Ad dates: 01.22.2023, 01.23.2023, and 01.24.2023 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 3 of 24 Page 250 of 486 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Table of Contents SECTION: Cover Page Advertisement SECTION A: General Terms & Conditions SECTION B: Vendor References SECTION C: Project Summary and Scope of Work SECTION D: Signature Submittal City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 4 of 24 PAGE NUMBER 01 02 05 12 13 Page 251 of 486 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations 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.faVetteville-ar.gov/bids and follow the prompts to submit a statement of qualifications within the electronic bidding platform. All Proposers must register in order to be able to submit. There is no fee for registration. Physical submittals are not allowed for this RFQ. Q SOQ's shall be prepared simply e omically, providing a straightforward, concise description of its ability to meet th r ire nts for the roject. Fancy bindings, colored displays, and promotional teerial ar n t re q ire Emphasis should be on completeness and clarity nt. All bmlttals I formatted for standard 8 %" x 11" size documentati Ex tion i be tics, exhibits, one -page resumes, and City required o ms ropos s II b li d to twenty- five (25) pages or less, excluding one-p tom res e , refer , and forms required by the City for completion. 401 z4rNposals be uplin a PDF format to the City's electronic platform prior the sta dline. Proposals will be reviewed f( Only the names of Proposer the Fayetteville City Council. until after a valid contract h� c. Proposers shall submit a statem Fayetteville Purchasing Division. vn on the cover sheet of this document. e until a contract has been awarded by roposal documents will not be available ly for the intended selection. of qualification based on documentation published by the d. Proposals shall be uploaded as a single PDF document to the City of Fayetteville's online electronic bidding platform e. Proposals must follow the format of the RFQ. Proposers should structure their responses to follow the sequence of the RFQ, if provided. 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 City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 5 of 24 Page 252 of 486 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. 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 re u e negotiation with others. b. The City of Fayetteville reserves the right to sc*c he posal th it believes will serve the best interest of the City. nn� c. The City of Fayetteville reserves the right oept ow&hN\ntire .t any proposals. d. The City of Fayetteville reserves th igh 11ccancel re es . e. The City of Fayetteville reser e right reedy or a ve technical or immaterial errors in the request for statements of q ion or r g sub f. The City of Fayetteville reserves th ri t que necessary clarifications, additional information, or proposal data without changing s f oposal. g. The City of Fayetteville reserves the right oke selection of the Proposer to perform the services required on the basis of the original pro without negotiation. 4. EVALUATION CRITERIA: Cj The evaluation criteria define the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFQ. Proposers are not guaranteed to be ranked. 5. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 6 of 24 Page 253 of 486 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". b. The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the Proposer's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 8. WITHDRAWAL OF STATEMENT: A statement of qualification may be withdrawn io tAlthe time set for the proposal submittal deadline based on a written request from an autho irese tati e of t m; however, a statement of qualification shall not be withdrawn after 11 set f th rop al line.IN 9. LATE PROPOSAL OR MODIFICATIONS: a Proposal and modifications recei the ti for t pr osal submittal shall not be considered. Modifications in receive to th ine will be accepted. The City will not be responsible for misdirectedtopos uld ref heir submission status in the online electronic bidding platform to e s,1� ion c¢ia tion. 10. LOCAL, STATE, AND FEDERAL COMPLIAM a. The laws of the State of Arkansas apply t any' purchase made under this request for statements of qualification. Proposers shall comp) h I local, state, and federal directives, orders and laws as applicable to this proposal and su eq t contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged B ' ess Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 7 of 24 Page 254 of 486 12. RIGHT TO AUDIT. FOIA. AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the services or any part thereof covered by this order, and such obligation shall survive acceptance of the services and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: (l _ All standard terms and conditions stated in this requ�r sta ents of lification apply to this contract except as specifically stated in the subseque ions of is ocu nt hich take precedence, and should be fully understood by Proposers prio t mittin propos o t requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTIC R SLAT Persons with disabilities requiring�<'Sralsble a�odati to participate in this proceeding/event, should call 479.521.1316 (telec cations e for t f), not later than seven days prior to the deadline. Persons needing trans ion of cume l contact the City of Fayetteville, Purchasing Division immediately. �"' Y �GwGJ 16. PAYMENTS AND INVOICING: P The Proposer must specify in their pro6erchasing xact company name and address which must be the same as invoices submitted for payment asaward of this RFQ. Further, the successful Proposer is responsible for immediately notifying 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. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 8 of 24 Page 255 of 486 c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 18. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The CMAR shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFQ. b. In the event of a corporate acquisition and/or merger, the CMAR shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFQ, without exception shall constit e approval for purpose of this Agreement. 19. NON-EXCLUSIVE CONTRACT: Award of this RFQ shall impose no obligation on e �to utCize �even o r all work of this type, which ma develo durin the contract eriod. Thi n n excl sCont City specifically reserves the Y p g p � Y p Y right to concurrently contract with other comp ees f wo deems such an action to be in the City's best interest. In the case of mu ip hase c s, t h i Z Sion shall apply separately to each item. 20. ADDITIONAL REQUIREMENTS: Qj The City reserves the right to req est a i I ser dating to this RFQ from the Proposer. When approved by the City as an amend the ct and authorized in writing prior to work, the Contractor shall provide such additional quirerni s may become necessary. 21. SERVICES AGREEMENT: *` O\ A written agreement, in substantially tQbe 4 attached, incorporating the RFQ and the successful proposal will be prepared by the City, signed 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. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 9 of 24 Page 256 of 486 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 qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities or communication shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. DEBARRED ENTITIES: By submitting a statement of qualification, vendor stat s ubmitting entity is not a debarred company with the federal, any state, or local government. O 25. OTHER GENERAL CONDITIONS: I r Q C. Proposers shall provide the City with pro o a signs an em e aving legal authority to submit proposals on behalf of the Propos . he entire f pr and providing responses shall be borne by the Proposer. �' The City reserves the right le est any onal i tion it deems necessary from any or all Proposers after the submissi a 0itcorn The request for statement ofo is to be construed as an offer, a contract, or a a aP commitment of any kind; nor doe city to pay for any costs incurred by Proposer in preparation. It shall be clearly understood at ny costs incurred by the Proposer in responding to this request for statements of qualificatio4n the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville s �T e liable for reimbursement to the Proposer for any expense so incurred, regardless of whether d 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. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via e-mail at (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. 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. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 10 of 24 Page 257 of 486 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. j. The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. k. The successful Proposer's attention is directed t h ct that all applicable Federal and State laws, municipal ordinances, and the rules and regulatio II a orities having jurisdiction over the services shall apply to the contract throughout, and t AI e de me to be nc ed in the contract as though written out in full herein. The successful o er she hi e elf fully informed of all laws, ordinances and regulations of the Fed al, S e, an * u pal ents or authorities in any manner affecting those engaged or employe in viding tl services in any way affecting the conduct of the services and of all orders and de e odies e . unals ng any jurisdiction or authority over same. If any discrepancy or inco s y should disco v n these Contract Documents or in the specifications herein referred in relat* t any s h ordinance, regulation, order or decree, s/he shall herewith report the same in w * in t� of ville. p Y 26. INSURANCE: a. Any project selected under this RFQ s quire professional liability insurance in the amount of $1 million US dollars, at minimum. Su i to of Insurance shall list the City as an additional insured and not be required unless firm is ar ed a contract. Certificate of insurance shall be provided within 10 (ten) calendar days after contract award. The City reserves the 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 City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 11 of 24 Page 258 of 486 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: 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. O G O- `I .+ Q- P � Ci� City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 12 of 24 Page 259 of 486 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations 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 TI M E 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 Y, STATE, ZIP CONTACT PERSON /1 ONTA T P SON TELEPHONE � HONE FAX NUMBER O FAX le V E-MAIL ADDRESS � CO AIL ADDRESS 3. 4. COMPANY NAME 3�0 COMPANY NAME Cj CITY, STATE, ZIP CITY, STATE, ZIP CONTACT PERSON CONTACT PERSON TELEPHONE TELEPHONE FAX NUMBER FAX NUMBER E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 13 of 24 Page 260 of 486 City of Fayetteville RFQ 22-07, CMAR for Lake Fayetteville Softball Renovations Section C: 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 Lake Fayetteville Softball Renovation Project. The project includes storm drainage, fencing & related field infrastructure, natural & synthetic turf, irrigation & pump system, athletic field & parking lot lighting, and sidewalk & parking improvements. • Storm Drainage 1. Enhance and/or replace the existing storm drainage to accommodate runoff from field and parking areas. 2. Grade fields and/or install in field drainage system to provide controlled drainage from field surface. 3. Provide drainage system under synthgetf infield that connects to storm drain. • Fencing & Related Field Infrastructure I 1. Replace existing chain link fe�SL�ith pol -coa ed c i with a mow strip. 2. Provide backstop fenci d netting Inatio ers, and bleacher covers for safety of spectators. 3. Provide covered link dugo d tea es. 4. Provide batting e system it netting rf covered concrete pad. 5. Provide foul poles, sc nd ffii \igJn'age. • Natural & Synthetic Turf 1. Certified hybrid Bermuda d in outfield. 2. Synthetic turf infield vJ h u tiple base settings to accommodate multiple uses. • Irrigation & Pump System 1. Provide new irrigation to outfield turf. 2. Provide upgraded irrigation pump system to utilize lake water. • Athletic Field & Parking Lot Lighting 1. Relocate athletic field lighting poles as necessary. 2. Add lighting for batting cages. 3. Add security lighting for complex and parking lot. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 14 of 24 Page 261 of 486 • Sidewalk & Parking Improvements 1. Provide concrete ADA sidewalks and concourse as needed. 2. Provide ADA parking spaces as needed and improve parking lot layout with tree islands. 3. Improve dumpster pad and approach. 4. Improve hard surface use areas as needed. Crafton Tull & Associates, Inc. is serving as the lead design professional for this project. III. Protect funding: The total project funding is encompassed by a voter approved bond issue. 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 subcodooentract for trades for the actual construction items (Electrical, Masonry etc.) as those items will be bid faward. 5�I I. Responses shall not include price or hourly es r any p ici tru r icing shall be negotiated with the top ranked selected firm only and is r ' co t par is selection. The City intends to negotiate each phase as a not to excallI with th cted fl II. It is the intent of this solicita enter in utua eficial agreement indicated by the draft provided with this RFQ. III. The Primary responding firm shall be n e instructing a wide variety of streetscape elements such as; street reconstruction shared -use a rails sidewalks stormwater infrastructure lighting, g g, signalization, landscaping, irrigation an ific pavement materials. Respondents to this RFQ shall submit at least three (3) similar ty cts 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 Crafton Tull & Associates 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. II. PHASE 1: Design Development and Construction Drawings from the current plans to final plans City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 15 of 24 Page 262 of 486 a. Construction Documents Phase i. Review Construction Documents/Plans and Specifications. Crafton Tull & Associates 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). ii. Attend follow up meetings with the design team. iii. Provide guidance to Crafton Tull & Associates to find efficient solutions to the plans to reflect issues noted the design team, inclusive of any necessary redesign prompted from the permit process. iv. Construction Documents/Plans, Specifications and Project Drawings shall be routed through the City of Fayetteville for required approvals. v. Assist Crafton Tull & Associates in responding in writing to all Design Team comments on plans. vi. Assist Crafton Tull & Associates a h ity with the bid form and identify all separate trade packages. G vii. Facilitate with Crafton Tul A ociate nd the D earn in conducting cost -benefit analyses to unders c oc� osts, if - le cost impacts and long-term maintenance costs' viii. Coordinate t desi ejm tote plans for closure and detour of both pedestrian and eet zo sed o ti truction phasing. b. Bid Phase P i. Coordinate with City r i g Division to ensure all procedures followed for this phase meet state laws and f 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. 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. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 16 of 24 Page 263 of 486 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. an ix. Assist with the design of all Bid Pr j;:§a� Review Crafton Tull & Assoc s Recom r atio f rd Letter that includes the following required conten ( ssistu 1. Check for Gers an j��cile y hematical discrepancies, 2. Review f balance erns,► 3. Coor th th urcha il�ivision in finalizing a Certified Bid Tabulation includin n�ineerOimate. 4 5 6 Revi Expl MeE x. Attend City Constructio... iding and references provided, en the Engineer's estimate and bids, and nal written recommendation of award. commendation for award of Contract(s) for III. Phase 2 Guaranteed Maximum Price and Construction Administration Phase a. Construction Administration Phase i. Put forth diligent and fiscally responsible efforts to ensure the project will be completed on time and within budget. ii. Attend Pre -Construction meeting and conduct regular update meetings as jointly determined by the Design Team and contracted construction companies. iii. Coordinate with Crafton Tull & Associates and the Design Team on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 17 of 24 Page 264 of 486 iv. The City of Fayetteville intends to provide regular construction administration services. Crafton Tull & Associates will provide field services, progress meetings, and progress payment review and assistance on a bi-monthly basis. v. Review site visit report from the Crafton Tull & Associates, and City of Fayetteville staff team at least twice (2) per month. 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 O i. Provide Warranty Services du i e entir a,rant R Qs-notified Crafton Tull & Associates to issue Warranty Reports a w ite after th the City that these items are complete. a ii. Provide support ces as ne uring tbfoject close out process. iii. Provide close It sub to Cra o 'fulll & Associates for completeness before transmitting to the h nclu re not limited to: G 1. Contractor's red lines ns-built notes 2. Provide as -Built, drawings noting any changes to the plans prepared by Crafton Tull 4#17ss I t s (in hard copy and digital format) 3. Produce a prgj t 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 D). PROFESSIONAL SERVICES AND ADDITIONAL REQUIREMENTS: I. Professional Services: a. Any entity responding to this RFQ shall be a current licensed contractor with the State of Arkansas Contractor's Licensing Board. Failure to hold a current contractor's license shall result in submittal rejection. All subcontractors on the project shall be properly licensed by the State of Arkansas Contractor's Licensing Board. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 18 of 24 Page 265 of 486 b. Any industry standard cost share or savings incentive practices desired for discussion during contract negotiations should be disclosed with RFQ response. Cost sharing practice shall be presented in the format of a general best practices approach and contract terms and shall not include pricing related figures. Pricing and fees are not part of the selection criteria and shall not be include with RFQ submittal. c. The resulting contract of 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. 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. e. 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. f. After contract award, the awarded CM�iur acertificate of insurance showing that insurance policies are carried in amt�acceptaC the ty. Forms of insurance shall be, Comprehensive General Liabili B er's isk, Pr r mage Insurance, Worker's Compensation, and Automobi cov ge. Siskrura II be kept in full force and in effect until all work has been says ct . y com t and ac ted. All certificates of insurance shall list the City of Fayettevill a dditior i sured. g. Ensure all funds spe actor with f Arkansas procurement laws, including but not limited to • Ensuring CMAR i er license with the Arkansas Contractors Licensing Board • Ensuring all subcorotrs on the project are properly licensed by the Arkansas Contractors Lice In and • Compliance with Ar ansas state law including but not limited to sections: o A.C.A. § 14-58-1001 o A.C.A. § 19-11-801 o A.C.A. § 17-25-101 o A.C.A. § 17-38-101 o A.C.A. § 17-33-101 o A.C.A. § 12-13-101 o A.C.A. § 12-80-101 o A.C.A. § 22-9-101 o A.C.A. § 22-9-103 City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 19 of 24 Page 266 of 486 o A.C.A. § 22-9-104 o A.C.A. § 22-9-213 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 h. Project and change order pricing i. Schedule control j. Cost reduction and control k. Project coordination I. Project close out m. Warranty O G II. Submittal Requirements: The RFQ submi uld co taro the I response items arranged in cont order, tabbed, and with a table of conIr rder � a r review process and to obtain the maximum degree of comparability, it i q d that t�mi tal organized in the manner specified. a. Title Pale: Show the of agen add nd telephone number, name of contact person, date, and su Q 23- b. Table of Contents: Include cl r tific f the material by section and bYpg page number. c. Letter of Interest: Name, ad ess, brl ry of firm and Submitter's interest in the proposed project. Briefly state the agency/fi ul'►derstands the work to be done and makes a positive commitment to perform the v#§ ive the name of the person(s) who will be authorized to make representation for th u! i ter, their titles, addresses and telephone numbers. Describe the perceived strengths to cut the project. d. Project Team Organization: Provide an organizational chart indicating the relationship between the Submitter's staff members who have responsibilities related to this project. Indicate on the chart the names of key personnel and their titles. Submit professional qualifications and resumes of staff to be assigned to this project, showing where they have performed work on similar projects including Construction Management GMP projects. e. Specialized and Past Experience: Provide information regarding past experience in relation the services requested in this RFQ including information pertaining to customer satisfaction, timely completion, and meeting budgets on similar projects executed under a GMP contracting format. Actual price and fees shall not be included in submittal. f. Schedule: Submitter shall provide a general schedule for the completion of the scope of the specified project. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 20 of 24 Page 267 of 486 g. Additional Background: All Submitters are invited to include a maximum of two pages of information not included above which may be useful and applicable to this project. III. Items to Specifically Include with Response: 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. 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 Arkansa ntractor's Licensing Board ANTICIPATED PROJECT TIMELINE: G O Date T e V scription Sunday 1/22/23, 1/23/23, and 1/24/23 Ad rt ent for Q in ocal newspaper, 3 consecutive days Thursday, February 2, 2023 PM 10 - roposal ce — open to all interested parties Thursday, February 16, 2023 2:00 PM eadline t u it a Statement of Qualification — electronic only AM Sell e mmittee Meeting —short list firms TBD TB TBD TBD Int i ws with short listed firms • �y All interested parties are advised, per City, that all contact between interested parties and the City shall be through the City of Fayetteville Purchasing Division. Interested parties are strictly forbidden to discuss this project with any City Staff member or Elected Official. City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 21 of 24 Page 268 of 486 City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations SECTION D: 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): V I certifythat; as an officer of this organization, or per ted let r o uthori ati I am duly authorized to certify g p Y Y the information provided herein is accurate and trtinbqy orga zat sha o ith all State and Federal Equal Opportunity and Non -Discrimination requirements an ndi ' plo e Contact Information a At the discretion of the City, one or i s may be for m iled information before final ranking of the firms, which may also include oral inte ews. NOT a Propos I submit to the City a primary contact name, e- mail address, and phone number (preferably a c I e nu here the City selection committee can call for clarification or interview via telephone. , \CO Name of Firm: Name of Primary Contact: Title of Primary Contact: 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 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 22 of 24 Page 269 of 486 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 any time in w h they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time durincint a t the contractor decides to boycott Israel, the contractor must notify the contracted public entity in wri G � Q- 7. SUB CONSULTANTS AND TEAM INFORMATION: • Proposer hereby certifies that proposals from tipe follow g con wer the preparation of this statement of qualification. Proposer shall attach additionyl pa�e�I-neces is se ion ly applies if CMAR is proposing a sub consultant for estimating, scheduling, acc urig/payroll o-constrec n trade services. n. Type of Work: �G�! Subcontractor's Name: Arkansas License No: .� Address: Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 23 of 24 Page 270 of 486 Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: COMPANY: PHYSICAL ADDRESS: MAILING ADDRESS: TAX ID#: SAM UEI#: PHONE: FAX: E-MAIL: ARKANSAS CONTRACTOR'S LICENSE #: ARKANSAS SECRETARY OF STATE FILING #: Signed by: O G Q- SIGNATURE. PRINTED NAME: TITLE: DATE: Cj� City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 24 of 24 Page 271 of 486 CITY OF FAYETT EVILLE AR KAN A RFQ 23-02 Addendum 2 Crossland Heavy Contractors, Inc. Supplier Response Event Information e) Number: RFQ 23-02 Addendum 2 Title: CMAR for Lake Fayetteville �IlRe ovations O Type: Request for Qualification Issue Date: 1 /22/2023 n� Deadline: 2/16/2023 02:00 PM O Notes: `IV The City of F elGe is acc g tements of qualifications from constructi anagement fir roperly licensed to provide, constructi agem en ontractor (CM/GC) services as a constructio manag nt a MAR) / guaranteed maximum (GMP) project f ake F ye ville Ballfield Renovations Project. The project inc des �11 drainage, fencing & related field infrastructure, natural & ty?%hetic turf, irrigation & pump system, athletic field & parking lot li ht'ip, and sidewalk & parking improvements. Contact Informa Contact: Amanda fuss Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 23-02 Addendum 2 Page 272 of 486 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 2/16/2023 12:29:01 PM (CT) Requested Attachments dthompson@heavycontractors.com Email RFQ 23-02, Response Lake Fayetteville Ballfield Renovations - Crossland Heavy Contractors Submission.pdf Submittal e) Please upload your completed response, including all require orms. (7!�O f�O I �J •� e) Q- Q' CO G Page 2 of 2 pages Vendor: Crossland Heavy Contractors, Inc. RFQ 23-02 Addendum 2 Page 273 of 486 LAKE FAYETTEVILLE Ale BALLFIELD RENOVATIONS... Aw 'Rogow Row AL. Project Team Organization Qj 05 Organizational C t 06 Project Team u s3 O Speci z'I Ex a i nc 13 ct rofile er h e 20 r `e Pr��ojjewe Sc edule ♦ —✓ Addit' Background 22ssland Heavy _J ecified Items 25 Streetscape Project Experience 26 Understanding of Pre -Construction Services 27 Records of Management Teams 28 Current & Projected Workload 29 Bonding Capacity Letter 30 Arkansas Contractor's License 31 City of Fayetteville Forms Page 275 of 486 The City of Fayetteville Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 RE: RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Every park project that we are fortunate enough to construct is a project that I look forward to not only because they're fun to build, but also because I can enjoy the final product with my family afterwards. Our entire team feels the same - our favorite projects are the ones we know we will be able to experience with the ones we love the most after our hard work is complete. We look back on these projects with immense pride and count them among some of our finest. We strive to provide a quality service to the local community and to help you on your mission to provide efficient and effective municipal services to the community through a culture of transparent leadership, excellence, and teamwork. A As Community Builders, it is our mission to help our mmunities to grow, impr ad prepare for all that the future may bring. Part of the pride t k in our Northwest as Community has come from our work — we have built the p s r fa ilies play in,, ucted the water treatment plants that supply our homes, wi end e ro s hich im �Jbur commutes, laid miles of trails that we walk and bike, an v 1 ped btau I stre es which enhance our Friday nights on the town. We are proud to e p wit of Fayetteville on many projects throughout the region toe an et e live ch me er of your community. We love Northwest Arkansas, and we ea rcipat e opfroINnity to help our community grow and thrive. (� V Throughout our submission y u will i ighli our experience, our team, and our intentions for your project. Our h cted a members will be acutely focused on cost control, quality workmanship, collab ration Est the project team, and fast -track scheduling throughout the course of your project, st i with an effective Pre -Construction phase. Our experience expanding the Kessler Mour a egional Park has prepared us to take on the Lake Fayetteville Ballfields. We underst ce scope, we actively maintain relationships with all the subs and suppliers, we have the rience to mitigate risks and to capitalize on efficiencies, and we have proven that we ca plete the project to the highest level of quality ahead of the deadline for the start of bas ason. We understand the market, we understand the needs of this project and of the yetteville, and we are the team you can trust to bring this project to reach its highest p en Wishing you all the best on this exciting project, Dan Thompson Vice President / Arkansas Division Manager 705 S. Lincoln St., Lowell, AR 72745 479.366.1637 dthompson@heavycontractors.com Page 276 of 486 PROJECT TEAM ORGANIZ PROJECT TEAM ORGANIZATION ■ Pre -Construction CITY OF FAYETTEVILLE ARKANSAS Dan Tho on Proje ive AO �and Cox mperintendent Pre -Construction & Construction ■ Construction Our team members work together throughout the Pre -Construction and Construction Phases so that you can be sure there is a seamless transition with no knowledge -gap as your project progresses. Page 278 of 486 PROJECT TEAM ORGANIZATION 0 DAN THOMPSON Project Executive CONTACT 701 Your Advocate throughout your Project As Vice President of the Company and Manager of the Arkansas Division, Dan 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. He actively maintains relationships with each of Crossland Heavy's valued partners and seeks out ways in which the company can serve them better. Dan is an extremely active and involved Division Manager and offers guidance and direction throughout the life of each of his Division's projects. Dan oversees each project's budget and schedule, ensuring that Crossland Heavy is doing everything possible to meet or exceed our Owners' expectations. He offers input and guidance as necessary to help each project reach a timely and cost-efficient completion. V Highlight Projec Kessler Mtnvi egional Park Ph. 2, $ . dthompson@heavycontractors.com Ci of ttev' 0 479.366.1637 YEARS OF EXPERIENCE 27 Years i a 'ties: Baseb rk, Simil Tight Timeline O hitark, Gran e am tho " y, Watts, OK Simill : CMA , Pa Recreation, Tight Timeline, CM Team C r'Tral P rovements, Fayetteville, AR, $3.OM EDUCATION of i le, AR B.S. Construction Engineering & �Simila �**;s: ark/Recreation Project, Tight Timeline Technology P Pittsburg State University CERTIFICATIONS OSHA 10 Hour Smith Driving Certified AREAS OF EXPERTISE Equipment Procurement Safety Organization Cost Saving Ideas Value Engineering Communication Tight Scheduling Scenarios Risk Mitigation Budget Adherence CIVIC INVOLVEMENT Springdale Rotary Club Addy XPerlence -Build Projects: Davidson WWTP, Hot Springs, AR, $4.6M Tyson WWTP, Green Forest, AR $3.3M G�O Decatur WWTP MBR Expansion, Decatur, AR, $9.6M RWU Train 2 Rehabilitation, Rogers, AR, $4.6M CMAR Projects: BWD FTW & Solids Processing Impr., Lowell, AR, $4M RWU Solids Handling Facility Ph 1, Rogers, AR, $7.8M Design -Bid -Build Projects: PWWSD No. 23 WTP, Fredonia, KS, $21.3M Beaver Water Treatment Plant, Lowell, AR, $26.2M River Intake & Dam Investigation, Fort Scott, KS, $2M Tyson WWTP Renovation, Springdale, AR, $2.6M Page 279 of 486 PROJECT TEAM ORGANIZATION RYAN ADLER, DBIA Guiding your project smoothly through Pre -Construction Ryan brings over 14 years of experience in the Construction Industry, active involvement in the Design Build Institute of America, and a full resume of successful collaborative delivery projects. He has a wealth of experience in conceptual estimating, target pricing, value engineering, and constructibility review and has a deep understanding of the best practices for CMAR and Design -Build projects. Ryan's vast project experience and his active involvement in many professional organizations will bring a wealth of value to this project. A cost estimation expert, Ryan will offer valuable insight on budget, schedule, and overall constructibility. He will partner with the Pre - Construction Manager Garrett to ensure the project's constructibility and to provide value engineering ideas that will guarantee you the best value project. Pre -Construction Director V CONTACT Highlight Projec WOKA W Park, $28.7M 0 radler@heavycontractors.com Gr nd Da ZNority, Watt 'ties: CMAk/Recre ght Timeline, CM Team O 479.721.5082 Dec Exps sign -Build, $9.7M City of c , AR YEARS OF EXPERIENCE (>Simil it : Colla ora ve Delivery, Renovation & Rehabilitation 14 Years IqQ Ro in II i itation Design -Build, $4.6M EDUCATION gers a ilities, Rogers, AR B.S. Technology Construction �Similaritie ollaborative Delivery, Renovation & Rehabilitation Management P CIO Pittsburg State University Addi 6Xp erience CERTIFICATIONS Build Projects: DBIA OSHA 30 Hour _rJ Davidson WWTP, Hot Springs, AR, $4.7M Associate Constructor (AC) Tyson WWTP, Green Forest, AR $3.3M Trenching/Excavation Training �O Decatur Headworks Imprvmts, Decatur, AR, $7M Rigging & Signaling Certified ci CMAR Projects: ACI Concrete Field Testing Tech HAZCOM-GHS Training RWU Solids Handling Facility Ph 1, Rogers, AR, $7.8M General Fall Protection Training Mid -Town Corridor, Fayetteville, AR, $14.5M AREAS OF EXPERTISE Collaborative Delivery Cost Saving Ideas Engaging Subcontractors Value Engineering Communication Risk Mitigation Budget Adherence Hochatown Off -site Imprvmts, Hochatown, OK, $20M Design -Bid -Build Projects: Broken Arrow WTP, Broken Arrow, OK, $57.8M Lake Ft. Smith WTP, Fort Smith, AR, $32M Decatur WWTP, Decatur, AR, $8.4M Tyson Data Center, Springdale, AR, $11 M Page 280 of 486 PROJECT TEAM ORGANIZATION 0 GARRETT STREET, ASSOC. DBIA Pre -Construction Manager CONTACT 7-A] Ensuring Cost -Confidence through Pre -Construction Garrett will manage your project through the Pre -Construction Phase, offering insightful innovations on budget, schedule, value engineering, and overall constructibility throughout the design phase. He keeps the books completely open so you can be 100% confident in every construction dollar you spend. He will work to attract the best subcontractors and suppliers to participate on bid day, ensuring you have both cost certainty and cost confidence when it comes time to execute your GMP. Through his certification with the Design Build Institute of America, Garrett has cutting -edge knowledge of the best practices for collaborative delivery projects, including CMAR and Design - Build. He brings nearly 10 years of experience in the Construction Industry, and a full resume of successful projects. �wV Highlight Projec _✓ Davidson T esign-Build, $4.6M gstreet@heavycontractors.com Cit of Spri R O O 620.202.1834 YEARS OF EXPERIENCE 9 Years EDUCATION ities: Colla r ve Deli ovation & Rehabilitation DecIf Exp s sign -Build, $9.7M 0City of c AR -simil it : olla ora 've Delivery, Renovation & Rehabilitation 'qQ RoRC,:-.[ �in II&�ilit�ies, on Design -Build, $4.6M ers a Rogers, AR g B.S. Technology Construction aritie ollaborativw Delivery, Renovation &Rehabilitation Management P *. Pittsburg State University Addi xperience CERTIFICATIONS 'fma Avenue Streetscape Impr., Springdale, AR, $1.3M OSHA 10 Hour Confined Space Schwans Site Development, Stillwell, OK, $2.3M Trenching/Excavation Training Box Canyon WWTP Impr., Branson, MO, $2.OM Forklift Operator Certified Allen Road EQ Basin, Centerton, AR, $2.1 M ACI Concrete Field Tech. GradCentral Tunnels + Bridges, Bella Vista, AR, $3.2M AREAS OF EXPERTISE Kathleen Johnson Memorial Park, Lowell, AR, $2.4M Collaborative Delivery Tuscany + Sienna Subdivision, Tontitown, AR, $2.6M Safety 56th Street Waterline, Springdale, AR, $5M Cost Saving Ideas Material Contracts Maple + Lafayette Bridge Rehab, Fayetteville, AR, $2M Engaging Subcontractors Tyson Data Center, Springdale, AR, $11 M Value Engineering Scull Creek Drainage Impr., Fayetteville, AR, $1.2M Communication Tyson Shared Services Parking Lot, Springdale, AR, $1.4M Risk Mitigation Budget Adherence Prairie Grove WWTP Expansion, Prairie Grove, AR, $7.5M Page 281 of 486 PROJECT TEAM ORGANIZATION 0 RON EDMOND Senior Project Manager CONTACT u Continually adding Value to your Project Ron will be your main contact through the Construction Phase. Throughout the course of your project, Ron will manage all cost accounting and contract administration activities. Ron will also serve as your project's document control manager, maintaining a descriptive project log and database that archives all documents associated with your project. Ron's experience constructing the Kessler Mountain Regional Park Ph. 2 project will bring value and efficiency to this project. His relationships with each of the subcontractors and suppliers on that project will be essential to your success on this project as well. Ron is also currently completing a $30M recreational CMAR project, in which he has gained a wealth of experience which he will apply to his management of this CMAR project. Ron's clients will all tell you he keeps their best interest at heart, and he is someone they feel they can trust 100%. V Highlight Projec Kessler Mi egional Park Ph. 2, redmond@heavycontractors.com Ci of ttev, O 918.281.9182 YEARS OF EXPERIENCE 16 Years EDUCATION r ties: Bases rk, Simil e, Tight Timeline O hit e ark, I� Grand R e am Auth ' y, Watts, OK Simil 't1 :CM , P Recreation, Tight Timeline, CM Team C �TfaI P rovements, Fayetteville, AR, $3.OM �y of ille, AR B.S. Construction Engineering & Simil ' ies: ark/Recreation Project, Tight Timeline Technology Pittsburg State University CERTIFICATIONS OSHA 30 Hour Confined Space Rigging/Signaling Training Forklift Operator Certified AREAS OF EXPERTISE CMAR Projects Safety Cost Saving Ideas Time Saving Ideas Managing Subcontractors Value Engineering Risk Mitigation Budget Adherence Efficiency P `W) Addi 'xP erience `bWSD #23 WTF, Fredonia, KS, $21.3M Air WWTP Ph. 1 & 2, New Century, KS, $6.2M Monett Water Treatment Facility, Monett, MO, $10.5M G�O Broken Arrow WTP, Tulsa, OK, $57.8M Biosolids Treatment Improvements, Springfield, MO, $36M NSWWTP Headworks Improvements, Tulsa, OK, $12.7M Beaver Water Switch. Station 1A Gen., Lowell, AR, $2.3M Northside WWTP Digesters 3 & 4 Impr., Tulsa, OK, $5.31M Fort Scott River Intake & Dam Invest., Fort Scott, KS, $2.2M Centennial Park Improvements, Fayetteville, AR, $3.OM SWTP Plant 2 Filter Retrofit, Springfield, MO, $2.3M Village on the Creeks Trail, Rogers, AR, $1.6M Fulbright Ramp - N. Shiloh Drive, Fayetteville, AR, $1.71M Page 282 of 486 PROJECT TEAM ORGANIZATION m JARED COX Superintendent CONTACT 0 jcox@heavycontractors.com 0 417.621.1634 YEARS OF EXPERIENCE Driving the Schedule for an on -time Completion As your Superintendent, Jared is responsible for your project's quality, driving the schedule, controlling costs, and keeping everyone safe. He oversees all field personnel, including field engineers, subcontractors, and tradespersons. He communicates with the project management team, subcontractors, suppliers, and with Crossland's self -performing crews every day, so your project maintains optimum efficiency. He attends all project meetings and keeps the entire project team well-informed of progress and any potential issues that may arise. Jared will develop and implement detailed production schedules and hold safety and pre -task planning meetings with site personnel every week. He places a particular emphasis on quality and holds everyone on the job site to a high standard. Jared's education as a Civil Engineer has equipped him with the technical knowledge that sets him apart from many others in the industry. Combined with his field experience, Jared has a p understanding of how to construct each project he works on to the h' uality. O Highligh q�s ry O w_✓ C t ial Parro\ y of F - ille, Slmlla ' '.ark/ Ile, AR, $3.OM Project, Tight Timeline 6 Years IN Gene a BI vements, $5.3M f S ale, AR EDUCATION ilari rete & Asphalt Work, Specialty Features B.S. Civil Engineering University Arkansas in agle Roundabouts & Uptown Street Impr., $10.9M 0 ogers, AR CERTIFICATIONS arities: Park/Recreation Project, Tight Timeline Signaling Trained Forklift Operator Certified itional Experience OSHA 10 Hour Snorkel Lift Certified Tyson Foods Wastewater Reno., Springdale, AR, $2.6M Crosby Rigging Certified �O Trenching/Excavation Certifiedci Crystal Flats Site Utilities, Bentonville, AR, $1.OM General Fall Protection Training Locust Creek Street & Approach, Lead Hill, AR, $1.6M Confined Space Trained Sain Street Extension, Fayetteville, AR, $4.4M Laser Safety Oak St. and Uptown Overpass Impr., Rogers, AR, $20.7M Hot Work Safety Lockout Tag -out Trained Hefner WTP Sludge Hdlg. Facilities, Oklahoma City, $36M AREAS OF EXPERTISE Dirt work Safety Civil Engineering Street Improvements Constructibility Page 283 of 486 PROJECT TEAM ORGANIZATION m BRANDON BENTLEY Lead Estimator CONTACT 0 bbentley@heavycontractors.com 0 620.423.4306 YEARS OF EXPERIENCE 12 Years EDUCATION M.S. Engineering Technology B.S. Technology Construction Management Pittsburg State University CERTIFICATIONS ACI Field Testing Tech Cert. Signaling Trained Forklift Operator Certified OSHA 10 Hour HAZCOM - GHS Training Involving the Local Workforce to provide 100% Open -Book Pricing Brandon began his career at Crossland Heavy in the field. He worked his way up to Structure Superintendent, and excelled at managing crews, schedules, subcontractors, quality, and safety. From his field experience, Brandon has developed estimating skills that are unmatched by many others in this industry. As your Lead Estimator, Brandon will accurately analyze your project's scope, reviewing plans to develop the best construction approach. He'll craft accurate target pricing using his experience and his connections in the industry. The Lead Estimator on a number of Design Build and CMAR projects, Brandon understands the design iteration process, constructibility review, and pricing phases. On the WOKA Whitewater Park CMAR Project, Brandon developed multiple value engineering options, working with subcontractors and engineers across the industry, to bring the project closer to budget for the Owner. �wV Highlight Projec _✓ WOKA W it r Park, $28.7M Gr nd Da eN ority, Wat r� ties: CMAk/Recre ght Timeline, CM Team eca ur �Exp esign-Build, $9.7M City o\�ur, Si es: Co a or Delivery, Renovation & Rehabilitation R e rain e bilitation Design -Build, $4.6M gers e tilities, Rogers, AR Simil ' ies: ollaborative Delivery, Renovation & Rehabilitation P ` Addi 'xp erience -Build Projects: Davidson WWTP, Hot Springs, AR, $4.6M Decatur Headworks Imprvmts, Decatur, AR, $7M G�O CMAR Projects: BWD FTW & Solids Processing Impr., Lowell, AR, $4M Snorkel Lift Certified Crosby Rigging Certified Trenching/Excavation Certified General Fall Protection Training AREAS OF EXPERTISE Accurate Costing Cost Saving Ideas Value Engineering Risk Mitigation Budget Adherence Hochatown Offsite Imprvmts, Hochatown, OK, $20M Design -Bid -Build Projects: Broken Arrow WTP, Tulsa, OK, $57.8M Hedge Ln. Pump Station & Rsvr, Olathe, KS, $21 AM Prairie Grove WWTP, Prairie Grove, AR, $7.7M Haikey Creek WWTP EQ Basin, Broken Arrow, OK, $9.4M WWTP & Collection Impr., Louisburg, KS, $11.1 M Nall Ave. Pump Station & Rsvr, Leawood, KS, $9.1 M Page 284 of 486 SPECIALIZED & PAST SPECIALIZED & PAST EXPERIENCE 1 KESSLER MOUNTAIN REGIONAL PARK PHASE 2 Q PROJECT LOCATION Fayetteville, AR RfWl1 DELIVERY METHOD Design -Bid -Build rS-i CLIENT City of Fayetteville Ted Jack 479,444.3469 © CONTRACT AMOUNT $8,090,68-- Working efficiently to open the c unity's park 45 days early �� The Cityof Fayetteville hired Crossland Heavy o t ctors t Y Y construct four new baseball fields, adding onto bu ing Ke� Mountain Regional Park. Our scope included c at, grad' landscapingfourturffields,installingnewba t ageOctin c, field lighting, installing the scoreboard coewalk installing new water, sewer, and drainage tilities,g rain covers and dugouts at each field City asked CHC to price a new asphalt parking lot tc additional cars of the patrons who would be using th to repair a slope issue that was impacting their curry Nlds. We we able to complete the project including both o_ w� change order while battling adverse weather conditions, 4 ahead of schedul ENGINEER Garver Jeff Webb 479.287.4634 CHC TEAM Ron Edmond - Project Mgr. Brandon Bentley - Estimator Dan Thompson - Executive QJ g prem�'baseball Page 286 of 486 SPECIALIZED & PAST EXPERIENCE m WOKA WHITEWATER KAYAK PARK O PROJECT LOCATION ENGINEER Watts, OK Merrick RfWla DELIVERY METHOD Dan Shea 303.800.9066 CMAR L,&J CLIENT CHC TEAM Grand River Dam Authority Ron Edmond - Project Mgr. Holly Moore Brandon Bentley - Estimator 918.610.9707 Dan Thompson - Executive © CONTRACT AMOUNT Ryan Adler Pre Con Mgr. $28,680,443 Collaborating to construct a sta the -art pa r NWA Crossland Heavy constructed the WOKA Whitewa r P r in Illinois River around the existingLake France e r� P consisted of an approximately 1200-foot Ion it ter re course, a new potable water line, w ter lift s and pipeline, automated park entrance w' ent ki prove and new access roads, parking lot with li ting, ch /res building, a harvested rock berm along ex' e rock, { �, hazard mitigation structure, and offsite wetl d miti tioThe f ,, ✓✓ i CMAR delivery method allowed the project team to w together collaboratively and to develop the best solutions gate the hazards that come with working in a river. It alha� wed for the team to develop value engineering ideas �ri�Gre the project" would fit into the owner's budget without ing functionality. t Page 287 of 486 SPECIALIZED & PAST EXPERIENCE BELLA VISTA CENTRAL TUNNELS & BRIDGES Q PROJECT LOCATION ENGINEER Bella Vista, AR CEI Engineering Associates DELIVERY METHOD Jacob Shy 479.273.9472 Design -Bid -Build rS-i CLIENT City of Bella Vista Derek Linn 479.268.4980 © CONTRACT AMOUNT $3,221,423 Returning $42k to the Owner thrVqk soil reuse 10 CHC TEAM Garrett Street - Project Mgr. Brandon Bentley - Estimator Dan Thompson - Executive 5e) .01�1 Page 288 of 486 SPECIALIZED & PAST EXPERIENCE STREET IMPROVEMENTS AT SHAW PARK O PROJECT LOCATION Springdale, AR RfWl1 DELIVERY METHOD Design -Bid -Build rS-i CLIENT Milestone Construction Co. Mike Davis 479.751.3560 ENGINEER Engineering Services, Inc. Jason Appel 479.751.8733 CHC TEAM Dan Thompson - Executive © CONTRACT AMOUNT $2,966,088 ' D V Constructing accessible roads a ewalks forJSM1nigdales newest park Q Crossland Heavy'Contractors worked with Mileston struc o to complete the roadway improvements assoc' t wi their construction of Shaw Family Park in Sprig I rkans Roadway improvements included a reconstr ' n of existin ays associated with the park, pouring new 5' i s and placin utilities, asphalt paving, improving storm ainagef,� nstr i a 2,480 square foot concrete retaining wall. skid eavy performed several elements of this work includi si e utiljti orm c drain, and concrete work. Despite wet weather which ited our schedule, we worked quickly and efficiently and compI e project on time and under budget. Shaw Park is now acc by motorists and pedestrians and able to be enjoyed ngdale's active community. O� C Page 289 of 486 SPECIALIZED & PAST EXPERIENCE m Ill ; 1-33.2 _�� a ;- �I �•_ ...!.._ .. ,_..m.. RAIY ANN k40 — ROGERS POLLUTION CONTROL TRAIN II REHABILITATION Q PROJECT LOCATION ENGINEER Rogers, AR RfW-a DELIVERY METHOD Progressive Design -Build L�J CLIENT Rogers Water Utilities Brian Sartain 479.936.5426 © CONTRACT AMOUNT $4 664 272 Olsson Brad Hammond bhammond@olsson.com CHC TEAM Ryan Adler - Pre -Con Mgr. Garrett Street - Project Mgr. Brandon Bentley - Estimator V Eliminating uncertainty early on red the to rm success this collaborative project � The Progressive Design -Build delivery method enab/////� to t firs f the construction during the Pre - Construction Phase. Our team drained, cleaned on eva111111luated rdenph r oncrete degradation, then we mapped out the problem areas, greatly reducing the rruns roje ing he Construction Phase. At 60% designed, CHC, in collaboration with Olsson, ass e e bid packa d ev a d uppliers & subcontractors best suited for the project and RWU's needs. The Construe se incl ncr ur repair, full -depth concrete patching, partial depth concrete patching, and specified coatings i high tr igh areas such as spill ways, walk ways, and corners. We also replaced equipment including 150 HP su nted a'eQrrator s, 15-40 HP surface mounted mixers. We installed new blower piping and blowers, weir gates for le I contr *r ulation pumps, handrail, stairs, landings, and new catwalks. Finally, electrical and control upgrades were completed. V- Through collaboration and open book transpar c� �'WU, we were able to deliver this project on time and under budget, returning nearly $200,000 to RWU. The Uti �3rable to use that money for other plant improvements that they hadn't originally thought would be manageable w' funding for this fiscal year. TIMELY COMPLETION of RELEVANT PROJECT EXPERIENCE N �W' RWU SOLIDS HANDLING FACILITY IMPROVEMENTS - PHASE 1 Q PROJECT LOCATION Rogers, AR RfW-a DELIVERY METHOD CMAR L�J CLIENT Rogers Water Utilities Brian Sartain 479.936.5426 ENGINEER Garver Chris Buntin 479.287.4657 CHC TEAM Dan Thompson - Executive Ryan Adler - Pre -Con Mgr. CONTRACT AMOUNT $7,521,318 0' Nearly $220k in unused contin eturned t Owner 9T nJ Q This particular project was the first phase of �se projec I� improving the plant's existing Class A bios sym. P one improvements included a new lab �i 'and s building, an additional centrifuge an er feed c , rance for redundancy, along with a tubula system tora NFM silos. This project serves as one of the t coIla e pr utilizing the Construction Management At- very meths j for a municipality in the State of Arkansas. ese im nts,i allow the City to maintain a safer, more efficient sol' andling I iN and distribution process. Crossland Heavy kept en book P policy throughout the project and ended t e t under the Guaranteed Maximum Price, returning 6 in unused contingency to Rogers Water Utilities. r& Page 291 of 486 • • dp SCHEDULE Schedule & Work Sequencing Our approach to our CMAR projects is to integrate all Pre -Construction deliverables into the CPM schedule at early stages in the design to show all project milestones that affect the critical path of the project. The Pre -Construction milestones will include CMAR and Design deliverables such as design interval deadlines, target pricing submittals, bid periods for a given work package, durations for permits, and GMP submittals. During the Construction Phase, our team will bring our extensive Parks and Recreation experience including our very recently completed Kessler Mountain Regional Park. We began that project with a tight timeline, accommodated two complex change orders, and still completed the project over one month early. Our thorough understanding of properly sequenced construction activities to achieve an on -time completion will ensure that we produce an accurate and efficient schedule for the Lake Fayetteville Ballfield Renovation project as well. A well thought out and executed schedule is essential to a successful project outcome. CHC prides itself on completing projects on time and within budget and is prepared to utilize our available resources as necessary to assist in making this happen. CHIC has produced a preliminary CPM schedule with the integration of design time lines, CM deliverables, construction activities, and expected completion dates outlined by the City of Fayetteville. Fayetteville Ball Field CMAR CHIC - Updating Layout 15-Feb-23 09:23 Activity ID Activity Name Ong! nal Duration Remaining Duration Actual Start Actual Finish Finish Activity % Total Complete Float 2023 2024 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Project Milestones G At 200 Project Design ®® 262 108 262 108 r 05-Mar-24 02-Aug-23 0% 0 sign: �\ to Proot?ed, , ------------- --------------- ------- -'------------------------------------------------j---------------;----------------;---------------- -,V,y y� O / V , 26-Oct-23, Procurement O Light Poles/Electrieal Components Mist. Metals -- --- ----�- f------------- + ----- -------- Pig a Materials ----'--------------- urf&Fie Id ♦ � t p urf & Fie Id Accessories ; Storm Drain Mate4s -------- -----------�I---------------1--------------- t-------Clear& Gnu------------------------------'�---------------------------------------------- SW Grading 2 ortn ram Upgrades -----`-'---------- --- f -------Mist. Site ----------------'----------------, ----- Utility Work --------1---------------f---------------J---- es Li 06-0eo-23, North Feld end Drainage � ^------------------------------------------------------ Re -Grade install �`--------------1--------------------1 New----- System ----------------`- I�-----Dugor3Upgrades--------------' I I � Bleacher Upgrades Turf Installation Fence & Hardware Upgrades — — — 25 Deo-23, SW Fiep ----------------`----------------'------------'-`---------------`-------------`------------ - - ------------, Re -Grade Infield -----------' Install New Drainage System Dugout Upgrades Bleacher Upgrades Turf Installation -----------------------------;-------------------------� ------------- ---------------'----------------t----------------1---------------t----------------P-----'- ' Fe---------------nce & Hardware 11Jan-2 Re -Grade Infield, Install New Drainage System es ------------F---------------i - --------------'----------------'-----------------------------------------------F----------------------- Upgrades uf Installed MFence & � / 21-Dec-23, Parking L Demolish Select Areas -----------------`-------------------------------'-'----------------`---------------`----------------`---------------'- ---- e ----- - - ------ IectAr----- -----------',--------------', j j j Corstmd Islands ReStripe Parking Are Demolish E Re-G ------------P---------------`---------------- --------------;---------------- t-------------------------------n----------------�---------------`--------------- ------------- 05-Mar-24, 05-Mar-24, 411 Substantial -------------- Completion ----PmcHist-- Final Comp ---------- �, 02-Feb-24, Constriction Pha 29Jan 24, Eart, ----------- �----------- Site Restoration, Jan-24, Site Utilities ------ -- Mi /Electrical Upgrades -------------', I - -------------- --------------, pgredes---------------------------- ', SE Feld - -------------- l ardmm Upgrades it Improvements) ----------------------------- 02-Feb-24, CommonArea Im ing UrrEven Concrete Surfaces de Common Area ---------- ----------------- F/P/F Concrete Common Are A1000 Notice to Proceed 1 1 03-Aug-23 0 % 0 A1010 Substantial Completion 1 1 05feb-Feb 0% 0 n A1020 Purdilist 20 20 04�r--24 0% 0 A1030 Final Completion 1 1 OS-Mar24 a-------------',---------( 0/ 0 g M A1040 Light Poles�Electrical Components 60 60 23 26-W-23 93 0 % 93 A1050 � A1060 Misc. Metals Turf & Fe Id Accessories 60 60 60 60 26-Od-23 26-0ct-23 0% 93 0 % 93 A1070 Pia Materials p 15 15 24 23 -Aug 0% A1080 Storm Drain Materials 15 15 24 -23 0% 138 26 0 0 0 0% 26 OnStiUCtl r Earthwork A1090 Clear& Grub 131 -24 7 5 127 5 29Jan 24 10-Aug-23 A1100 Site Grading 8 8 22-Aug-23 O A1110 Site Restoration 4 4 29Jan-Jan Site Utilities 110 110 23Jan-Jan, A1120 form ram Upgrades 5 5 - A1130 Misc. Site Utility Work 10 10 10-0d-23 0% 0 ® A1210 L' hti /Electrical Upgrades gn9 75 75 23Jan-Jan 0% 26 r11 Norlh Field"41 411 06-0eo-23 64 p A1140 Re -Grade Infield 5 5 17-0ct-23 0% 0 � A1150 Install New Drainage System Drain 8 8 27-0ct-23 0% A1160 Dugout Upgrades 6 6 064Jov-23 0% 0 A1170 Bleacher Upgrades 7 7 15-Nov-23 0% m A1180 Turf Installation 11 11 30-Nov-23 p A1190 Fence &Hardware Upgrades 4 4 O6-Deo-23 0 64'� r& SW Field 1 411 25-Dec23 p A1220 Re -Grade Infield 5 5 03-Nov-23 0% 0 W A1230 Irstall New Drainage System 8 8 15 0% 0 iiiiiiii A1240 Dugout Upgrades 6 6 23 v-23 0% 51 iiiiiiii A1250 Bleacher Upgrades 7 7 04 -23 0% 51 iiiiiiii A1260 Turf Installation 11 11 19-Deo- 0% 51 p A1270 Fence & Hardware Upgrades 4 4 25-Dec23 0% 51 rjo SE Field 41 41 11Jan-24 O A1280 Re -Grade Infield 5 5 22-Nov-23 0% 0 A1290 Install New Drainage System 8 8 04-Deo-23 0% 0 A1300 Dugout Upgrades 6 6 12-0eo-23 0% 38 W A1310 Bleacher Upgrades 7 7 21-Deo-23 0% 38 iiiiiiii A1320 Turf Installation 11 11 05Jan-24 0 % 38 A1330 Fence & Hardware Upgrades 4 41 11Jan-24 0% 38 TS Parking Lotlmprovemen>s 13 11 21-Deo-23 0 A1340 Demolish SelectAreas 3 3 07-Deo-23 0% 0 A1350 Constmd Islands 9 9 20-Dec23 0% 0 p A1360 rJ Common Area C.:d A1370 � A1380 Re -Stripe Parking Area 1 1 21-Deo-23 0% 0 Improvments Demolish Existing Uo-Even Concrete Surfaces 31 31 02-Feb-24 0 11 11 05Jan-24 0% 0 Re -Grade CommonArea 6 6 15Jan-Jan 0% 0 t� A1390 F/P/F Concrete Common Area surfaces 14 14 02-Feb-24 0 % 01 Page 293 of 486 ADDITIONAL BACKGROUN ADDITIONAL BACKGROUND Crossland Heavy Saves you Time and Money 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 early in the design ■ Getting the best price from the most qualified subcontractors and suppliers ■ Ensuring confidence that our GMPs are accurate and competitive ■ Competitively and efficiently self -performing work ■ Eliminating third -tier markup by bidding work to subcontractors - not GCs $50m of Crossland -owned Equipment 34 1qQ G� Arkansas communities we've performed work in Alm 13 Arkansas -based employees 59 Parks & Recreation Projects completed in the Midwest Page 295 of 486 ADDITIONAL BACKGROUND What sets us apart Crossland Heavy is one of the most experienced CMAR heavy civil contractors in Northwest Arkansas. We have been performing collaborative delivery work since it was first allowed by Arkansas law in 2015. Our goal is always to achieve the best value project for our owners and to return money to them at the end of our projects. We save our owners money because we self -perform much of our work, we hire local subcontractors for scopes we do not self -perform, we seek out cost -saving ideas throughout Pre -Construction & Construction, we follow all CMAR best practices, and we work for the good of our communities. Through our most recent project at the Kessler Mountain R relationships, the scheduling experience, and the knowledge c to succeed on this project. We will leverage our relations our scheduling experience will ensure an on -time co tier comes with taking on a baseball field project foie fi tir recreational and infrastructure projects and c on e to d //� J gained subcontractor & supplier gall ' ecifications that will help us ighest quality subcontractors, .�ahead of the learning curve that r you have depended on for many you have for years to come. A small-town company founded on the value** of Tr u �Nonsibility, Integrity, and Passion, every Crossland Heavy employee works with the needs of our owners at the t V" our minds. We strive to build Trust with our owners through honest communication and keeping our books optake responsibility for the quality of the work we do. We work with integrity, always doing the right thing des t� ost. And we work with passion -each of us loves what we do every day, and we love the communities where we 1p&� ur mission is to strengthen the foundations of our communities, and we work hard to carry out that mission every Page 296 of 486 z� RMA'TION SPECIFIED ITEMS Streetscape & Similar Projects Arkansas Street - $13M Rogers, AR Monte Ne Road Realignment - $9M Rogers, AR 3rd to 8th St. Greenway Trail - $1 M Rogers, AR Park Street {��VI Springd e, v rd Street, Ph III - $2M Bentonville, AR 15th St. Arterial Rehab - $6M Tulsa, OK I AM Pion-= Bellview Road North - $11 M Rogers, AR COT Cameron Streetscape - $307k Tulsa, OK Page 298 of 486 SPECIFIED ITEMS m Understanding of Pre -Construction Services COST OF THE WORK +CONSTRUCTION MANAGER'S = GMP c). P I h M 9"9 Establishing the Cost of thd%WoZ"V-? Establishing the Contingency CHC takes an approach to establishing s that maintain an open book methodo d that account for the true market con Our team typically executes our G ter the project goes to public bid. Th' roach limits the risk for potential GMP aes and ensures you ay exactly what the pct costs, and not p p 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 of Fayetteville through a contingency allocation request (CAR). CARs will be tracked by the CM Project Manager Ron Edmond and reviewed during monthly progress meetings. Page 299 of 486 SPECIFIED ITEMS Records of Management Teams on Similar Projects N _ d 'O N m r ch •(D m c v = o •a, a C ._ c s = C '_ rN+ �e y �o Q. N W p y m 3 N ea L Q 'w L Dan T Ry Garre Stree Ron Edmo Jared Cox Brandon Bentl _J Our team members in our as Division collaborate often while working through the challenges on their proje elieve our division is better when our team members collaborate frequently, even on proj cts ere they aren't staffed to the same project team. Page 300 of 486 SPECIFIED ITEMS Current & Projected Workload rProject Owasso WWTP & Main Lift Station Owner Owasso Public Works Authority Contract Amount $ 21,187,879 Est. Completion 23-Feb LLWWTP UV Disinfection Improvements Broken Arrow Municipal Authority $ 5,841,000 22-Aug Owasso 116th Widening Garnett to 129th City of Oswasso $ 8,603,000 23-Jun COT NA 8063 City of Tulsa $ 3,870,000 23-Jun Hefner WTP Ozone Expansion City of Oklahoma City Water Utilities Trust $ 44,432,000 25-Jul RMUA WPC 22-2 Regional Metropolitian Utility Authority $ 484,000 23-Aug COT 7th and 8th St Aerterial Rehab City of Tulsa $ 4,146, 23-May NSWWTP Digester Improvements Project Tulsa Metropolitan Utility Authority $ 2,392,0 23-Jun South Canadian WWTP Improvements City of Oklahoma City Water Utilities Trust $ 213, 27-Jan AB Jewell Clarifier No. 3 Improvements Tulsa Metr 'tan Utility Authority $ T000 23-Jul Mohawk WTP -RAW Water Bldg Augur Removal TUlsa trop it Utility Authority 81,000 23 Apr 2 Inch Waterline Replacement NW Tulsa TUlsa tropo an Utility Authority 1,538,000 23 Sep AB Jewell Sodium Hydroxide Improvements T a olita ilit uthority Aity 1,763,623 24-Mar Hefner Surge Enhancements of Oklahoma Cit r Utilities 1&1 2,109,985 23-May COT NA MZ 1153 ity of Tulsa $ 4,784,000 23-Nov Junction City WTP Improvements Phase 2 of Junction Cif $ 12,210,000 22-Dec Kaw WTP Electrical & Mechaincal Imps Contract 2 City of Lawre cam' $ 4,457,000 22-Apr Turkey Creek WWTF Miscellaneous Improvements Johnson C y Wa ter $ 2,145,500 23 May Topeka WTP West Plain Basin Rehab City of To ka $ 10,249,300 23-May Missouri River Intake HVAC Improvements & o e cement Wate Distric o. nson County $ 1,560,000 23-Jun Wyss Pumping Station Engine Generator Facile WaterOne $ 5,776,500 23-Dec Middle Basin Misc Electrical Improvement Johnson u y W stewater $ 203,459 23 May DLSMB InDense Pilot N Johnson Co ty Wastewater TBD 23 Mar Olathe Sodium Hypo Tank Replacement City of OI the $ 349,815 23-May Facility 2 Filer No. 27 Rebuild WaterQa $ 239,000 23-Apr Larson Building Demo Johnson County Wastewater $ 75,000 23-Feb Airport Fire Pump Replacement nson County $ 97,000 23-Jun Lime Silo Slaker Addition City of Independence Water Department $ 3,748,400 25-Feb Clear Creek Lift Station Upgrades City of Springdale City of Springdale $ 3,144,900 $ 3,438,550 23-Feb 23-Mar Butterfield Coach Lift Station Upgrades Alpena Wastewater System Improvements Town of Alpena, Arkansas $ 4,321,600 23-May NEO CM South Lake and Green Groove - Outf truct re Nabholz Construction Corporation $ 347,118 23-Apr 8th St Corridor Improvements f City of Bentonville $ 27,802,588 24-JuI Har-Ber Ave. Ext. - 40th St. to Guten R_X City of Springdale $ 11,386,350 23-Jul Springdale Water Utilities Wastewat TF fase 1 Improvements I City of Springdale Water and Sewer $ 51,394,137 25-Feb Prairie Grove WWTP Expansion City of Prairie Grove $ 7,358,000 23-Jul Pinnacle Hills Roundabouts and Uptown Street Improvements I City of Rogers $ 10,857,450 24-Aug Page 301 of 486 SPECIFIED ITEMS m Bonding Information IMA PROTECTING ASSETS, MAKING A DIFFERENCE. February 13, 2023 City of Fayetteville, Arkansas Purchasing Division, Room 306 113 W. Mountain Street Fayetteville, AR 72701 ON Re: Re: Crossland Heavy Contractors, Inc. V7 Project: Request for Qualifications 23-02 for Construction M r Ja?Rk, Lake Fayetteville Ballfield Re s To Whom It May Concern, /�� O Our agency manages the surety band program for CrosslanQ He3vy'CAritractors, In , we have been as a E�Fite this letter to you on their behalf. The IMA team has known and worked with Crossland for/ore tha 30 yertd we hthe re highest regard. We have watched Crossland, time and time again, earn their utstandingfeputatio a c%npany and as indK4"als of high integrity with an exceptional knowledge of the construction industrf The C�Q sland team c�nsi?'ntly delivers quality projects in a timely and cost-effective manner for their clients; they truly are a com ny vd1�y�lGes relatioi end doing e 1 right. It is for these reasons and so many more that I am pleased to write this letter on behalf. `- Surety bonds for Crossland are under w `rich Ame ' ance C and Federal Insurance Company. Bonds are typically written by Fidelity and Deposit Company aryland (a of Zuric m rica nsurance Company) and Federal Insurance Company. Zurich American Insurance Company and Fidelity and os C*pany of y a t maintain "A+ (Superior)", "XV ($2 Billion or greater)" ratings by the A.M. Best Company and a combine a ury listing excee g $734,000,000. Federal Insurance Company is a member of the Chubb Group of Companies, which carries a M. Be Ravg+ (Superior)", "XV ($2 Billion or greater)"; Federal enjoys a Treasury listing exceeding $445,000,000, when incl ing the fuIVT ub ily of companies this Treasury listing exceeds $1 Billion. Zurich American Insurance Company and Federal Insurancwould positively consider approval of surety bonds for Crossland on individual contracts of $500 Million and an aggregate cos �siupve e total company backlog of $3 Billion. These numbers are guidelines and not limits of surety support. Crossland's sure�ies�o�y consider larger projects or program on a project -by -project basis. Premium for surety bonds is calculated based l%ue factors for each individual contract. Typically, Crossland's surety bond premiums average between 0.4% and 0.9% of the tota a value. Please note these rates are subject to change and are not guaranteed. Crossland's surety partners are favora cuting surety bonds upon acceptable review of all contract terms, bond forms and financing for any project as well as other per erwriting information that may be deemed necessary. The arrangement for performance and payment bonds is a matter boPe4n ssland and their sureties; neither the sureties, IMA, Inc., Crossland or any affiliates assume any liability to you or any parties for ai 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, Camille O. Parman Surety Account Manager 913-982-3679 / Camille.parman@imacorp.com IMA, Inc. 19393 W. 110th St., Suite 600 1 Overland Park, KS 662101913.982.3650 1 imacorp.com Insurance I Employee Benefits I Surety I Risk Management Page 302 of 486 SPECIFIED ITEMS Proof of Licensure License No. 0067301123 State of Arkansas Commercial Contractors Licensing Board CROSSLAND HEAVY CONTRACTORS, INC. 501 S EAST AVENUE COLUMBUS, KS 66725 This is to Certify That CROSSLAND HEAVY CONTRACTORS, INC. ID #8601 is duly licensed under the provisions of Arkt�ode Ann. § 17-25-101 q,tW. as amended and is entitled to practice Contr the State of Arka�f '-within the following classifications/specialties: v HEAVY CONSTRUCTION O MUNICIPAL & UTILITY CONSTRUCTIO e) 'qQ 4qQ r This contractor has an unli uggested bid limit. �O from October 1 202 Until November 30, 2023 Witness our hands ofthe Board, dated at North Little Rack, Arkansas: � when this Certificate expires. / CHAIRMAN SECRETARY October 14, 2022 - dsa Page 303 of 486 SPECIFIED ITEMS Vendor References City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations 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 NUMBER OF YEARS IN BUSINESS: 30 HOW LONG IN PRESENT LOCATION: 20 years In Arkansas TOTAL NUMBER OF CURRENT EMPLOYEES: 337 FULLTIME 21 PARTTIME NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: 20 FULLTIME PARTTIME PLEASE LIST FOUR (4) REFERENCES IN WHICH CMAR HAS PREVIOUSLY PE RMED CONTRACT SERVICES FOR WI PAST FIVE (5) YEARS FOR PROJECTS OF SIMILAR SCOPE AND SIZE All fields must be c ted : 1. Springdale Water Utilities 2. oger Water Utilities O COMPANY NAME ot MPA NA Springdale, AR 72756 ry ger , R 727 CITY, STATE, ZIP ZIP 2 Brad Baldwin Brian rtai CONTACT PERSON ONTAC ER 479.750.8105 7 1142 TELEPHONE P E FAX NUMBER GFAX NUMBER bbaldwin@springdalear.gov V ✓ briansartain@rwu.org E-MAILADDRESS E-MAILADDRESS g City of Bentonville 4, Grand River Dam Authority COMPANY NAME w COMPANY NAME Bentonville AR 72712 ION Tulsa, OK 74128 CITY, STATE, ZIP CITY, STATE, ZIP Dennis Birge, PE Holly Moore CONTACT PERSON CONTACT PERSON 479.271.6840 TELEPHONE FAX NUMBER 918.256.5545 TELEPHONE FAX NUMBER dbirge@bentonvillear.com holly.moore@grda.com E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 13 of 24 Page 304 of 486 SPECIFIED ITEMS Signature Submittal Page City of Fayetteville RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations SECTION D: 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 dis such a relationship may result in cancellation of a purchase and/or contract as a result of your response. Th ust be completed and returned in order for your bid/proposal to be eli for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT P ATELY APPLIES TO YOUR IF M% 1) NO KNOWN RELATIONSHIP EXIST 2) RELATIONSHIP EXISTS (Please ex p ): • O I certify that; as an officer of this orga a jAn, per the a c d letter f au rization, I am duly authorized to certify the information provided herein is r and true; orgPployment. comply with all State and Federal Equal Opportunity and Non-DiscriminatN""Irements ditio 2. Contact Information At the discretion of the City, one or more fi s may bt kk r more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Pr oser shall submit to the City a primary contact name, e- mail address, and phone number (preferably a cell ie dumber) where the City selection committee can call for clarification or interview via telephone. Name of Firm Crossland Heavy Con Name of Primary Contact: Dan Title of Primary Contact: lice j%sident, Arkansas Division Manager Phone#1(cell preferred): 4 .1637 Phone#2: 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 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 22 of 24 Page 305 of 486 SPECIFIED ITEMS Signature Submittal Page ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 1 Dan Thompson 2/14/2023 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 ebarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal depareIN agency from doing business with the Federal Government. �V✓� 5. Signature certifies that neither you nor your principal is er debarred, suspended, p Partment �tl for debarment, declared ineligible, or voluntarily excluded from participate i this tr tion by any fe or agency. 6. Pursuant to Arkansas Code Annotated §25 1 50 , e Co tractor agree d certifie do not currently boycott Israel and will not boycott Israel during n ti e in w4c6iii6gyare en ' , or while in contract, with any public entity as defined in §25-1-503. If a tim uring c6� he con odes contractor must notify the contracted lic ty in wrJam_ 7. SUB CONSULTANTS AND TEAM ION: Proposer hereby certifies that propoN from the g con t is ere used in the preparation of this statement of qualification. Proposer shall attach additio al p es cessary. is ection only applies if CMAR is proposing a sub consultant for estimating, scheduling, acco roll ankon-c nstruction trade services. Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: Type of Work: Subcontractor's Name: Arkansas License No: Address: Date Firm Established: Percentage of Work: _ City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 23 of 24 Page 306 of 486 SPECIFIED ITEMS Signature Submittal Page Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: Crossland Heavy Contractors COMPANY: Crossland Heavy Contractors PHYSICAL ADDRESS: 705 S Lincoln Street, Lowell, AR 72745 MAILING ADDRESS: 705 S Lincoln Street, Lowell, AR 72745 TAX I D#: 48-113185 PHONE: 479.347.7960 E-MAIL: dthompson@heavycontractors.com SAM UEW XLWJNERE6ER3 FAX: NA 0-S) I �1 ' V ARKANSAS CONTRACTOR'S LICENSE #: 0067301 ARKANSAS SECRETARY OF STATE FILING #: 10 2 5 2 ON Signed by: 'G P SIGNATURE: �� / ) � �i& PRINTED NAME: Dan Thom TITLE: Vice President & Arkansas DATE: 2/14/2023 City of Fayetteville, AR RFQ 23-02, CMAR for Lake Fayetteville Ballfield Renovations Page 24 of 24 Page 307 of 486 CRIB HEAry C^NTSaCTORS A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/14/2023 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 CONTACT NAME: IMA Wichita Team IMA, Inc. - Kansas City PHONE FAX 9393 W. 110th Street AIC No Ext : 316-267-9221 A/C No), ADDRESS: certs@imacorp.com Suite 600 INSURER(S) AFFORDING COVERAGE NAIC # Overland Park KS 66210 INSURERA: Zurich American Insurance Company 16535 License#: PC-1210733 INSURED CROSCON-03 INSURER B: Atlantic Specialty Insurance Company 27154 Crossland Heavy Contractors, Inc. PO Box 45 INSURERC: Indian Harbor Insurance Company 36940 INSURERD: American Guarantee and Liability Insurance 26247 833 S. East Avenue INSURERE: Columbus KS 66725 INSURER F : COVERAGES CERTIFICATE NUMBER: 1756478254 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 INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO859600802 4/30/2022 4/30/2023 EACH OCCURRENCE $ 5,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur ante)$ 2,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 10,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP859615302 4/30/2022 4/30/2023 COMBINED SINGLE LIMIT Ea accident $ 5,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY D X UMBRELLA LIAB X OCCUR AUC425515001 4/30/2022 4/30/2023 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC859600702 4/30/2022 4/30/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 2,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 C Professional/Pollution Liability CE0744688606 4/30/2022 4/30/2023 See Below B B Builders Risk - Reporting Installation Floater - Reporting 7900130720009 7100337760010 4/30/2022 4/30/2022 4/30/2023 4/30/2023 Any One Job Site Any One Job Site $125,000,000 $2,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) -Professional Liability $5,000,000 Each Claim, $5,000,000 Aggregate; Pollution Liability $5,000,000 Each Claim, $10,000,000 Aggregate. -2nd Layer Excess Liability: Policy #UXP30000900, Effective 4/30/2022 - 4/30/2023, Insurer: Arch Insurance Company, NAIC #11150, $15,000,000 Each Occurrence, $15,000,000 Aggregate. -3rd Layer Excess Liability: Policy #EXC30000318405, Effective 4/30/2022 - 4/30/2023, Insurer: Endurance American Insurance Company, NAIC #10641, $10,000,000 Each Occurrence, $10,000,000 Aggregate. -4th Layer Excess Liability: Policy #NHA097780, Effective 4/30/2022 - 4/30/2023, Insurer: RSUI Indemnity Company, NAIC #22314, $5,000,000 Each Occurrence, $5,000,000 Aggregate. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 W. Mountain AUTHORIZED REPRESENTATIVE Fayetteville AR 72701 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 309 of 486 AGENCY CUSTOMER ID: CROSCON-03 LOC #: ,CORE) AGENCY IMA, Inc. - Kansas City POLICY NUMBER CARRIER 4DDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE NAIC CODE NAMED INSURED Crossland Heavy Contractors, Inc. PO Box 45 833 S. East Avenue Columbus KS 66725 EFFECTIVE DATE: Page 1 of 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Re: Insurance qualification for Construction Management at Risk Services for Lake Fayetteville Ballfield Renovations. If awarded this project, City of Fayetteville would be included as Primary Non -Contributory Additional Insured on the General Liability, Auto Liability and Umbrella Liability policies, if required by written contract, subject to policy terms and conditions. If awarded this contract a Waiver of Subrogation would be provided in favor of the Additional Insured on the General Liability, Automobile Liability, Workers Compensation and Umbrella Liability policies, if required by written contract, subject to policy terms and conditions. Additional coverages are available at the request of Crossland Construction Company, Inc. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 310 of 486 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-435 FROM: Mike Reynolds, Police Chief DATE: SUBJECT: Acceptance of 2023 Justice Assistance Grant for Drug Task Force Funding RECOMMENDATION: Staff recommends acceptance of the 2023 Justice Assistance Grant (JAG) award for federal and state funding of the 4th Judicial District Drug Task Force (DTF) in the amount of $124,499 and approval of the corresponding grant documents. BACKGROUND: The Arkansas Department of Finance and Administration (ADF&A) has provided federal and state grant funding to the City of Fayetteville for multi -jurisdictional drug task force activities since 1991. Use of these funds are dictated by the 2020-2025 Statewide Strategic Plan adopted by the Arkansas Alcohol and Drug Abuse Coordinating Council. We are the subgrantee of the Arkansas Alcohol and Drug Abuse Coordinating Council, and these grant funds can only be used for law enforcement purposes. Participating law enforcement agencies include Fayetteville, Springdale, Prairie Grove, Elkins, Farmington, Lincoln, Greenland, West Fork, Elm Springs, Tontitown, Goshen, and Washington County. The DTF Control Group consists of top law enforcement officials from Fayetteville, Springdale, Prairie Grove, and Washington County. Fayetteville continues to provide fiduciary oversight of this grant and provides a DTF Supervisor, three (3) DTF Officers, and a DTF Secretary. Springdale provides four (4) DTF Officers and Washington County provides a DTF Officer. Also, Prairie Grove provides a DTF Officer who is a representative for all of the rural agencies. At the beginning of the DTF's current grant period (July 2022-June 2023), ADF&A awarded grant funding through the Arkansas State Drug Crime Enforcement and Prosecution Fund to the DTF in the amount of $91,319 in state funding with a local match requirement of $27,396. The Arkansas State Drug Crime Enforcement and Prosecution Grant Fund award was approved by City Council on September 20, 2022, via Resolution #215-22. DISCUSSION: The 4th Judicial District DTF's total grant budget of all agencies for the current grant period is $592,325. ADF&A has awarded grant funding through the 2023 Edward Byrne Memorial JAG Program in the amount of $62,232 and state funding in the amount of $43,597. To receive these federal funds from the JAG Program, the 4th Judicial District DTF and member agencies must commit to a local match of $18,670. In addition to the local match requirement, Fayetteville has budgeted additional funds in its 2023 Annual Operating Budget to Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Page 311 of 486 cover other non -grant funded drug enforcement activity. The grant award budget will be distributed as follows: Fayetteville — Federal - $36,888.79, State - $25,842.67 with a local match of $11,066.88, Springdale — Federal - $9,371.77, State - $6,565.45 with a local match of $2,811.59, Washington County — Federal - $8,251.65, State — $5,780.74, with a local match of $2,475.55, Prairie Grove — Federal - $7,719.79, State — $5,408.14, with a local match of $2,315.98. Other member agencies also contribute additional funds to support on -going drug enforcement activity. This JAG award brings the total grant funding in support of the 4th DTF to $197,148 or approximately 33%. BUDGET/STAFF IMPACT: There will be no impact on existing DTF budgets as both grant revenue and expenses were incorporated in the 2023 annual operating budget. This grant funding will have no impact on current staffing levels. ATTACHMENTS: 4th JD DTF JAG 22 Award Document FY23 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 312 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-435 Acceptance of 2023 Justice Assistance Grant for Drug Task Force Funding A RESOLUTION TO AUTHORIZE ACCEPTANCE OF THE 2023 JUSTICE ASSISTANCE GRANT AWARD IN THE AMOUNT OF $124,499.00 TO PROVIDE FUNDING FOR THE FOURTH JUDICIAL DISTRICT DRUG TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes acceptance of the 2023 Justice Assistance Grant award in the total amount of $124,499.00, which will be used to pay a portion of the salaries of 4th Judicial District Drug Task Force Officers with the Fayetteville, Springdale, and Prairie Grove Police Departments and the Washington County Sheriff's Office, and further authorizes Mayor Jordan to execute the grant agreement and any other documents necessary to receive the funds. Page 1 Page 313 of 486 �ka:pY•+yry ti is ARKANSAS DEPARTMENT FINANCE AND � G ADMINISTRATION JAG RSAT 0 DCF 1-1 LLEEG 1. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) Lioneld Jordan, Mayor 41h JD /City of Fayetteville Drug Task Force (DTF) 113 West Mountain Street Fayetteville, AR 72701-6083 2. FEDERAL IDENTIFICATION NUMBER/UEI: 075657742/FKCQR M DU LFH9 3. MODIFICATION EFFECTIVE DATE: 4. MODIFICATION AMOUNT $ FEDERALAMOUNT: $ STATE AMOUNT: $ LOCAL MATCH: $ OFFICE OF INTERGOVERNMENTAL SERVICES 1515 West Seventh Street, Suite 404 P.O. Box 8031 Little Rock, Arkansas 72203-8031 Phone: (501) 682-1074 Fax: (501)682-5206 bMis-.J/www.dfa.ai-kansas.gov/iqtft�r?�ental- services CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program FEDERAL AWARD NUMBER: 15PBJA-2I-GG-00264-JAGX FEDERAL AWARD DATE: 9/22/2021 6. SUBGRANT NUMBER: 235041-22JL 7. START DATE: July 1, 2021 END DATE: June 30, 2022 8. AWARD DATE: February 28, 2023 9. ACTION: Initial 7 Modification 10. AWARD AMOUNT: $ 124,499.00 FEDERALAMOUNT: $62,232.00 STATE AMOUNT: $ 43,597.00 LOCAL MATCH: $ 18,670.00 No Indirect Rate Cost 5. PROJECT DESCRIPTION Identify arrest and prosecute individuals who are manufacturing, selling, or transporting drugs in or through the program's jurisdictional area of operations. This subaward is not an R&D. 11. SPECIAL CONDITIONS (Check if applicable) 1XTHE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS SET FORTH IN IT'S APPLICATION AND ALL X CERTIFICATIONS, ASSURANCES AND SPECIAL CONDITIONS PREVIOUSLY AGREED TO. The JAG Program is authorized by Title I of Pub. L. No. 90-351(generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151- 10158); see also 28 U.S.C. 530C(a). AGENCY APPROVAL 1L. I YPED NAME AND TITLE OF APPROVING IGS OFFICIAL SUBGRANTEEAPPROVAL 15. TYPED NAME AND TITLE OF AUTHORIZED SUBGRANTEE OFFICIAL Doris Smith, DFA Administrator Lioneld Jordan, Mayor Intergovernmental Services 41h JD/City of Fayetteville Drug Task Force (DTF) 13. SIGNATURE OF APPROVING OFFICIAL 14. DATE: 16. SIGANTURE OF AUTHORIZED OFFICIAL 17. DATE• Page 314 of 486 OMB Number. 4040-0004 Expiration Dale: 1013112019 Application for Federal Assistance SF-424 " 1. Type of Submission: " 2. Type of Application: ' If Revision, select appropriate latter(s): Preapplication ® New ® Application ❑ Continuation 'Other (Specify): ❑ Changed/Corrected Application Revision ' 3. Date Received: 4, Appkani Identifier; 5b. Federal Award Identifier. 5a. Federal Entity Identifier: State Use Only: 6. Date Received by State: L 7. State Application Identifier: 8, APPLICANT INFORMATION: "a.LegalName: C ty of Fayettevfller Arkansas b, Employer/Taxpayer Identification Number(EI"N): ' c. Organizational DUNS: 71-601 462 0716076880000 d. Address: " Streetl: Street2: " City: Counly/Parish: State: Province: Country: ' Zip / Postal Code: e. Organizational Unit: Department Name: Emyotteville Police Department JEDIvIsion; ial District DiF f. Name and contact Information of person to be contacted on matters Involving this application: Prefix: " First Name: Wi-Ilie Middle Name: " Last Name: Newma n Suffix: Title; Fiecal Officer Organizational Affiliation: " Telephone Number: 4 7 0_ S H 7 -.3 & 1 Fax Number: " Email: 'wn etyma n 8 f n ye t t ev it l e-a r, gov Page 315 of 486 Application for Federal Assistance SF-424 " 9. Type of Applicant 1: Select Applicant Type: Gt City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: C_ r" Other (specify): — L— .. " 10. Name of Federal Agency: US i7epartment Of Justice, Office of Justicc Program, Bureau 11. Catalog of Federal Domestic Assistance Number: 1o.73i3 CFDA Title: Byrne A7emorial Justice AsSistance Grant (JNG) " 12. Funding Opportunity Number: soltation FY2022 Title: Byrne Memorial Justice Assistance Grant (JAG) Prograzru FY2022 13, Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment i1e ele? dsbio-.lYrrril i ri!Ia :Ya1nl " 1S. Descriptive Title of Applicant's Project: ^••--���_�•�=r..�,�oiuy aa,x eorce (Arkansas) Attach supporting documents as specified In agency instructions. l Page 316 of 486 Application for Federal Assistance SF-424 16. Congressional Districts Of: " a. Applicant 3 rd ] ' b. ProgramfProjecl 3 • d Attach an additional list of ProgramlProjeo Congressional Districts if needed. j _ [ Add Attachment ltk:: +1l',YhiY.wi t I Vlew Nlaet A'P.ni 17. Proposed Project: 'a.StartDate: 07/US/2022 18. Estimated Funding ($): a. Federal " b, Applicant c. Slate d. Local e. Other ' f. Program Income "g.TOTAL ' b. End Date: O f 30l2023 19. Is Application Subject to Review By State Under Executive Order 12372 Process? ® a. This application was made available to the State under the Executive Order 12372 Process for review on 3IffM2 3 1•n b. Program is subject to E.O. 12372 but has not been selected by the Slate for review. 7Pd.W%N?i 4#M P&Rp" @,"ft-feral Debt? (If "Yes," provide explanation In attachment.) [] Yes No ff "Yes", provide explanation and attach Aa:r,Cit ci,mH�S: 17eEK++3 AttRCiltt OM Vt�'n Alit+m---,i,, -- 21. "By signing this applicallon, I certify (1) to the statements contained In the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances"" and agree to comply with any resulting terms If I accept an award.I am aware that any false, liclttious, arfrauduienl statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218. Section 10011 Z "I AGREE The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: ' First Name: X,4zineid Middle Name: Last Name: .;ozdari Suffix: ' Title: " Telephone Number: 14 -f g_ 5 7 5- 8 3 10 "Email:]mayox8fayett.evii.Le-ar,gov Signature of Authorized Representative: Fax Number: [ 1 " Date Signed: L--= Page 317 of 486 i ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION i JUSTICE ASSISTANT GRANT PROGRAM (JAG) AND STATE DR{JG CRIME ENFFORCEMENI AND PROSEGJTiON GRANT � � 22- 6116CET RE F E p� DL'F I -"-"""'• t4lb"Judiciai District Drug Task Force TITLE I Law Eaf....y 1W-kZ thar Druy and Crime Tnsk Forces - JAG, STATE, A4p LOCAL MATCH PROPOSED BUDGE r -J AG FFY23 FVNpS BUIDO ET StJMMARY NE411 1111 LOCAL MIATCN {FEOFpu AN{3 i01L R£gVEREp•.• TOTAL MATH CALCVAFION FOR pL•17BEyTEO AIiOVNT iTATE) CALARY: List aM podb- for which hudhg M "po' llWlde P%"' a It ha wW as malth Mdude "I M nu 9W of II*— "I'km fahwd hymdr peeAiaer n N* hudgrf narmti.. {Plraae Mrlbare MCaaracLeW IW wreak- um u6ery M., ■a w.11 as w hrgl deavpiyr a1 it, job drAiea W S. UWATEO BENEFITS: Mwdeled"_--}�trderla FICA, WnrkarM - - _ '•,, u,. Ar. da(eimMyd hY iFsra�p.cl7ne agene4n {a% h Yu m.amvm.mwnt*F SM" u I �n W LeeM Vl. FOYmf e.nl FICXk rwlwbtad.t 7 OS%a! alai anfery V+or S Cumlbruenn and Slsln UnrmNvN+�anl r�rwwN*�nre rn h. rolnhxydj FICA G 7.65 % X Iotal salary sG,ap sa.Bo Worker's CampofUaGan for all Poal(lons S(AtC lJnemNoyrnaw G __-Ad Ihat B' 114GBO O) ae >< num rar of pawb&n 0,0Q W. Wm Name Sn r>a so.eu I�.� 'RrsaYRf; /IMllltla alI uow b"11 IF"I Ww'Pk— *-10 VL-P Ivld ... grnrR d! n" pay a n e°qI m+lth to hedlh by ApplIe+nf j.A.:lr.dt'h Mvurtie, r.�w.e.eri, k+c,y 1'AIlQllrii kNirA SL^sClY Ya ����� Y wRsraNenrw brrRa! 15.]?%. �' Mrl.ar�o. hreefal nt. nrMd d mor. Bun 14K {Mw Y:yla i ovnarf rrh for hsvaneaj. Rrpamwh tweaks w11 ra[ he Ixir p� exn B. )110 p fltl SO iM MAINTENANCE Aq0 OPERATIONS; AsdWu Mtrrn qy� p � �� �t oL aKfi�4Pk v i� �* � IMlasr+Irnal +rsun ewe, sarrl..eekM sk.} - i�PuN f+q. vammlravr�rMgalept,pry. w+4•!. IGS/JAUMCF 2022-27 DFAAGSBUD( Page 318 of 486 ARKAN5AS DEPARTMEIJTOF FINANCE Aut) ADMIMSTRATION JUSTICE AWSTANT GRUNT PROGRAM [JAG)ANO STATE DRUG CRIME ENFFORCrUFNT AND PROSECUTION GRANT l P 2 8 D 51 F E T 41h Judicial District Drug Task Force PROJECT wU I— Enrcro.m.nl) },r,ftl-kr14ACk utl Onrg erd Crime Tech Forces • JAG, STATE, AND LOCAL MATCH PROPOSED BUDGET • JAG FFY23 IIJ:ALL rQU PUWTI Lia rrorr•a. lrnd.ol. m.—rs Le vWd,+..d Mae-..Faullxlrnl n .OG .{ t. aFAJeb PrWrla lM�u.lif yLl Is 1 .9 q�iu kPr01N Yhe" . YMfvI{Nr nl bel.Ih.r1 1Nq lown*unt Wr A.m In au.uu 1 4000 1 $6.10 10,01'AIEHT >fO D0 00 t9 2-110aRTR/,cr ewrAc s: i.cMa rs my pvf.nleeW .si4a nwdeJ b onset. uuc.w al r+. Wnr Ore fret., sarWn m be woWes srd 7nlury f— EMYunY. AM wed" W. N Wa&CL ■ %-k.. a rn.d for PERsomii-. ow eh� Pr4orrrYB. -y. �' o+M1Mla7. hrn !Iu TALI`AWCda*k@1Id 0WMA0T RNCES Jp TRAVELJ7RA0tIhl00. lernb* tra.d ey.Pray vl Pe)ed jw.grnN by i.Fl7DYl. t,*&v kf PmerrATE MiLn OUT of tTATE TRAVEIJI RJWglir4 MUST GE AYPROVEA BY IOS. eP .RT+rek COST: "The 20% Requhed Loral Match Is No[ Per Line hem BtAA Perceningn of the Total Amount Requosted, IGSIJAGIDCF 2022-23 D a DFA_IGS•BUDGE, FAge 319 of 486 ! + AWANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION i JUSTICE ASSM1 ANT GRANT PROGRAM (JAGy AND STATE DRUG CRIML ENFFORGEMENT AND PROSECUTKIN GRANT -20 2. 390GUT q�t]11E3T F�Ij SiIC !$ IGE GRAMIAQ1 APKIOMT 4th Judlclal Dlstrlct Drug Task Force PROJECT TREE tCnw Enfawm.nq WAI J :bdm l0" .nd Come Tuk FOmm -JAG, STATE, AND LOCAL MATCH PROPOSED BUDGET -JAG FFY23 muiIIOR" OMCLSL{ADI DATE a cw •4l9SiY ��&S7S-8�3p FIBGAL OFFiCETt {Fq} yn-, .* 11WI:.dln-ar g� Z-Zs DAYD IGSJUAGAXF 2D22-23 OFA-IGS-BUDGE7FOR Pape 320 of 486 OMB Number: 4040-0007 Expiration Date: 02/28/2022 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing Insiruclions. searching existing data sources, gathering and maintaining the data needed, and comptell ng and reviewing the collection of Information. Send Comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040). Washington, IBC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such Is the case, you will be notified. As the duly authorized representative of the applicant. I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the Institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share Of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, If appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system In accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Wi(l comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §54728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. Sao. Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These 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 natianal origin; (b) Title IX of the Education Amendments of 1972. a$ amended (20 U.S.C.§§l681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973, as amended (29 U.S.C. §794), which Prohibits discrimination on the basis of handicaps; (d) the Age discrimination Act of 1975, as amended (42 U. S.C. §§61D1-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§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; (h) Titie Vill 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; (1) any other nondiscrimination provisions in the specific statute(s) under which applicatlon for Federa# assistance is being made; and, 0) the requirements of any other nondlscrimiination statute(s) which may apply to the application. Will comply, or has already compiled, with the requirements of Titles II and III of the Uniform Relocal Ion Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose properly Is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of The Hatch Act (5 U.S.C. §§1501.1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or In part with Federal funds. Authorized for Local Reproduction Standard Form 4248 (Rev. 7.97) Prescribed by OMB Circular A-102 Page 321 of 486 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U,S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C, §§327- 333), regarding labor standards for federally -assisted construction subagreements, 10. Will comply, if applicable, with flood Insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients In a special flood hazard area to participate In the program and to purchase flood insurance tf the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following; (a) Instilution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of viotating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 1 f 990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988, (a) assurance of project consistency with the approved State management program developed under the Coastal Zane Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(o) of the Clean Air Act of 1955. as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of IM. as amended (16 U.S.C. §470), EO 11593 (identification and protecllan of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protectlon of human subjects involved In research, development, and related activities supported by this award of assistance, 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S,C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching. or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of iead-based paint In construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compilance audits In accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohl bits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in affect or (3) Using forced labor In the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Mayor APPLICANT ORGANIZATION DATE SUBMITTED City of Fayetteville/4th JDATF Standard Form 4248 (Rev. 7-97) Back Page 322 of 486 OMB APPROVAL NO, 1121-140 f EXPIRES 6/30/2021 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372 (intergovernmental review of federal programs). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subrecipients or contractors to comply) with any applicable nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131- 34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07). It will also comply with Ex. Order 13279, Equal Protection of the Laws for Faith - Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking Criteria for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing regulations at 28 C.F.R. Part 38. 7. If a governmental entity — a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Signature of Contractlrsg icia Date Page 323 of 486 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER Certification Regarding lent, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Sub -Recipient) This certification is required by the regulatioons implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67, Section 67,510, Participants' responsibilities. The regulations were published as Part VI of the May 26, 1988 Federal Register (pages 19160.19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lover tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certificaiton, such prospective participant shall attach an explanation to this proposal. Lioneldjordan, Ma or _ Name and Title of Authorized Representative Signature Date City of FayetteviI104th Judicial District Drug Task Force Name of Organization 100 West Rock Street, Fayetteville, AR 72701 Address of Organization - -- OJP FORM 4061/1 (REV. 2/89) Previous editions are obsolete Page 324 of 486 7 U.S. DEPARTMENT OF JUSTICE tf OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should alsa review III instructions for certlllcatton included in the regula lions before completing this form. Signature of this form provides for compliance with cerillicallon requirements under 2.8 CFR Part 69, 'New Restrictions on Lobby{rig" and 28 CFR Part 67. 'Govern men t-wldo Debarment and Suspension (Nonpro-curement) and Government -wide Requirements for Drug -Free Workplece (Grants).' The certifications sha[l be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Sect Ion 1352. Title 31 of the U.S. Code, and Implemented at 28 CFR Part 89. for persons entering Into a granI or eobperalive agreement over $100,000, as defined at 28 CFR Part fig, the applicant certifies that: (a) No Federal approprialed funds have been paid or Will be paid, by or on behalf or the undersigned, to any person for in- fluencing or attempting to inituence an Officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress In con- nection with the making of any Federal grant, ilia entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or 000porative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any parson for influencing or at- tempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee nr Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, 'Disclosure of Lobbying Activities," In accordance.with Its instructions; (c) The undersigned shall require that the language of this cer- tification be included In the award documents for all subawards at all tiers (including subgran[s. Contracts under grants and cooperative agreements, and subcontracts) and that all sub- reclPie Ma shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executiva Order 12540, Debarment and Suspension, and implemented at 2B CFR Part 67. for prospec- live participants In primary covered transactions, as defined at 28 CFR Part 67, Section 67.510--- A. The applicant certifies that It and Its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or had a civil Jpdgmant rendered against them for commission of fraud or a crlminat offense In connec- tion with obtaining, attempting to obtain, or performing a public (Federal. State, or local) transaction or contract under a public transactlon; violation of Federal er State antitrust statutes or commission of embezzlement, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for of otherwise criminally or civilly charged by a goVernmental enllty (Federal, Stale, or local) with eommissivn of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-yoar period preceding this applica- tion had one or more public transacions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements In this certificatiori, he or she shall attach an explanation to this application. 3. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988. and Implemented at 28 CFR Part 67., Subpart F for grantees, as defined. at 28 CFR Part 67 Sections 67.615 and 67.620-- A. The applicant certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or Use of a controlled substanco Is prohibited In the grantee's workplace and specifying the actions that will be taken against empinyaes for violation of such prohibition; (b)Eslablishing an on -going drug -free awareness program to Inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring In the workplace; (c) Making it a requirement that each employee to be engaged In the performance of ilia grant be given a copy .of the State- ment required by paragraph (a); (d) Notifying the employee in the statement required by para- graph (a) that, as a condition of employment under the grant, the employee will- OJP FORM 406116 (3-91) REPLACES OJP FORMS 406112, 406113 AND 400114 WHICH ARE OBSOLETE. Page 325 of 486 (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conVictlon for a violation of a criminal drug statute occurring In the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving nouc© under subparagraph (d)(2) from an employee or othenvlse receiving actual notice of such convic-lion. Employers of convicted employees must provkle notice, Including Position ift[e, to: Department of Justice. Office of Justice Programs, ATTN; Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall Include the Iden- tification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who % so convicted— (1) Taking appropriate personnel action against such an employee, up to and including terminatfon, consistent with the requirements of the Rehabilitation Act of 1973. as amended; or (2) Requiring such empfoyeei to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, of local health, law enforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintafn a drug - free workplace through Implementation of paragraphs (a), (b), (c), (d), (a), and (f). H. The grantee may insert in the space provided below the slte(s) for the performance of work done in connection with Ilea specific grant: Place of Performance (Street address, city, county, state, zip code) Check ❑ If there are workplaces on file that are not indentified here. Section 67. 630 of the regulations provides tliat a grantee that is a State may elect to make one certification In each Federal fiscal year- A copy of which shoutd be Included with each ap- plication for [(apartment of Juslice funding. Steles and State agencies may elect to use OJP Form 406117. Check ❑ if the State has elected to complete OJP Form 406117. DRUG -FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug -Free Workplace Act of 1.9eB, and implemented at 28 CPR Part 67, Subpart F, for grantees, as dafined at 28 CFR Par167; Sections 67.615 and 67.620-- A. As a condition of the grant. I certify that I will not engage in the unlawful manufacture, dlstribution. dispensing, posses- sion, of use of a controlled substance in conducting any sclivlly with this gratsl; and 6. If convicted of a criminal drug offense result[ng from a violation, occurring during the conduct of any grant activity, I Will report the conviction, in wrfling, within 10 calendar days of the conviction, to; Department of Juslice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W„ Washington. D.C. 20531, As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: City of Fayetteville/4th Judicial District DTF 100 West Rock Street Fayetteville, AR 72701 2. Application Number and/or Project Name 235041-22JL Arkansas State Drug Crime Enforcement and Prosecution Fund / Justice Assistant 4. Typed Name and Title of Authorized Representative Lioneld Jordan Mayor 5. Signature 3, Grantee IRS/Vendor Number 71-6018462 6. Date 'U S, Gwemment Prinflng OPoce: 1996- 405037140014 Page 326 of 486 CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (ESOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three.. If recipient c am Metes Section A or C and sub » ralits a sit+ le award over $500, 000, in addlilon, lease wtvrr Mete Section D. Recipient's Name: City of Fayetteville, Arkansas Address: 100 West Rock Street Fayetteville AR 2701 1s agency a: Q Direct or v Sub reel icnt of OJP, OVW or COPS funding? I Law Enforcement A �enc ? ® Yes o No DUNS Number: 075657 4 20000 Vendor Number(only if direct reel lent . _ Name and Title of Contact Person: Willie Newnion 'felt hone Number: 479-597-358I E-Mail Address: wnewrnati@,fayetteville-ar.gov Section A Declaration CIaiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. ❑ Less than fifty employees. ❑ Indian Tribe ❑ Medical Institution. ❑ Nonprofit Organization ❑ Educational Institution ❑ Receiving a single award(s) less than $25,000. I, - - - [responsible official, certify that _ [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant 28 C.F.R § 42.302. I further certify that [recipient] Will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub -grants a single award over $500, 000, in addition, please complete Section D Print or 7}pe A'+rme and Mle Si enure Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If a recipient agency has'iVy or more employees and is receiving a single award or, subaward, of $25, 000 or more, but less than $500, 000, then the recipient agency does not have la submit ern EFOP fo the OCRfor review as long as it certifies the following (42 C ER. § 42.305): 1, Lio eld Jordan [responsible official], certify that City of Fgyatteville. Arkansas [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: City of Fayetteville. Arkansas Human Resources Division [organization], H 3 West Mountain Streets Fayeltevillc, AR 72701 [address]. Lioneld Jordan, Mayor Print or '4Wx ,Name and 71de. Si of ere Date Section C—Declaration Stating that an CEOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award, or subaward, of $500, 000 or more, then the recipient agency must send an ESOP Short Form to the OCR far review. 1, [responsible official, certify that trecipiem], which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt, E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. If recipient sub -grants a single award over $500, 000, in addition, please complete Section D 1'ri+it or Dyy ]Name and Title ii taturu Dare Page 327 of 486 Page 328 of 486 STATE OF ARKANSAS Department of Finance and Administration OFFICE OF INI-ERGOVERNMEN EAL SERVICES 1515 West Seventh Street, Suite400 Post Office Box 8031 Little Rock, Arkansas 72203-8031 Phone; (501)682-1074 I'ax; (501) 682-?206 P1tln,ii�vm",-Ill:t�_l: rowttti. n,v AO DFA-IGS GENERAL. TERMS AND SPECIAL_ GRANT CONDITIONS Initials The applicant assures that federal funds made available under the Edward Byrne Memoria Justice Assistance Grant (JAG) Program will not be used to supplant state and local funds, but will be used to increase the amount of funds that would, in the absence of federal funds, be made available for the activities of this ro)ect. The subrecipient shall ensure that federal and/or state matching funds are used to supplement existing funds for program activities and must not replace those funds that have been appropriated for the same purpose. Federal and/or state matching funds made available under this grant will be used to increase the amount of funds that would, in the absence of federal and/orstate matching funds, be made available for law enforcement activities. If there is a potential presence of supplanting, the subrecipient will supply documentation demonstrating that the reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. For example, no maintenance and operation costs previously funded by a state, city or county government may be supported with Drug Crime Fund and/or state matching funds. Any federal and/or state matching funds budgeted to supplement existing state and/or local funds due to increased maintenance and operation costs (e.g. fuel, utilities, etc.) shall not be used until all state and/or local funds budgeted for those costs are exhausted. The applicant assures that fund accounting, auditing, monitoring, and evaluation procedures as may be necessary to keep such records as the Department of Justice and the Department of Finance and Administration shall be provided to assure fiscal control, proper management, and effective disbursement/reimbursement of funds received underthis sub award. The applicant assures that it will maintain an appropriate grant administration system to ensure that all terms, conditions and specifications of the grant, including these assurances, are met. The applicant assures that it will comply with the OJP Financial Guide in its administration of the grant. The OJP Financial Guide can be accessed online at i.+;JL'/ W �w u113- isiloi•eov/fin,,�ri_inJ i The applicant assures that it shall maintain such data and information and submit such reports in such form, at such times, and containing such data and information as the as the Department of Justice and the Department of Finance and Administration may require. The applicant agrees to use the grant and matching funds only for the purposes stated in this application. Additionally, the applicant agrees that any grant and matching funds approved for personnel for this project will be based on the percent of time the personnel actually devote to the project. JAG 21 FEDERAL AWARD NUMBER: 15PBJA-2I-GG-00264-JAGX 1 OF 6 Page 329 of 486 STATE OF ARKANSAS Department of Finance and Administration OFFICE OF INTERGOVERNMENTAL SERVICES 1515 West Seventh Street, Suite 400 Post Office Box 8031 Little Rock, Arkansas 72203-8031 Phone, (50l) 682-1074 rax:(SA1}b82-5206 ��vt►�r.ilfit.;strl _In'iIL gv The applicant assures that in the event a federal/state court or federal/state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin or sex against a recipient of funds, the recipient will forward a copy of the finding to the Office of Justice Programs, Office of Civil Rights Compliance (OCRC) and the Arkansas Department of Finance and Administration, Office of Intergovernmental Services. i The applicant assures that if it is required to formulate an Equal Employment Opportunity Program (EEOP) in accordance with 28 CFR 42.301, et. seq., it should submit a certification to the state that it has a current EEOP on file which meets the requirements therein. The applicant assures that it will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part II, Applicability of Office of Management and Budget Circulars; Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, ConfidentialIty of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, 4ntergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; and Part 63, Floodplain Management and Wetland Protection Procedures. The applicant assures that in addition to all other audit requirements, it will allow the Division of Legislative Audit or any other independent or internal auditors of the Department of Finance and Administration to have access to the applicant's records and financial statements; (A) as may be necessary for the Department of Finance and Administration to comply with the 1996 Single Audit Act Amendments and Office of Management and Budget (OMB) Circular A-133, and other rules and/or regulations governing financial accounting and auditing guidelines, principles, and procedures; and (8) as may be requested by the Department of Finance and Administration to comply with any State or local government rules and/or regulations. The applicant assures that it will fully participate in the compilation of statistical information as required by state agencies, i.e., providing complete finger print arrest information. The applicant assures that both federal, state, and matching funds used for this project will be used exclusively to support defined Edward Byrne Memorial Justice Assistance Grant (JAG) Program activities, and will not be used to support any general purpose law enforcement or other activity maintained by the applicant. JAG 21 FEDERAL AWARD NUMBER: 15PE1JA-2l-GG-00264-JAGX 20F6 Page 330 of 486 STATE OFARKANSAS Department of Finance and Administration OFFICE. OF 1NCERGOVERNWNTAL SERVICES 1515 West Seventh Street, Suite 400 Post Office Box 8031 Little Rock, Arkansas 72203-8031 Phone: (50 t ).682.1074 Fax: (501) 682-5206. 111 I : rr �� w t�• . d r•,, . t., rf: 7, �, ��: The applicant assures that if the grant funds are used to support a Task Force, the Task Force Board of Directors or 'Control Group' will hold regularly scheduled meetings every two (2) months, and will provide DFA-IG5 and the State Drug Director with copies of the agenda and minutes of each meeting. The applicant assures that if the grant funds are used to support o Task Force, appropriate and adequate staffing would be maintained for the duration of the project period. For efficiency in project implementation, the State Drug Director's Office highly recommend that appropriate staff include a full- time Drug Task Force Commander (certified law enforcement officer) and a Fiscal Officer regardless if funds are used to pay salaries. The applicant assures that if grant funds are used to support a Task Force, the Task Force Administrator/Director/Commander and the Board of Directors will develop and/or maintain a detailed policy and procedures manual forthe guidance of task force operations. Copies of the Policy and Procedures Manual as well as updates and revisions shall be forwarded to DFA-IGS and the State Drug Director's Office. (Updates and Revisions shall be submitted when occurred.) The applicant assures that all proposals for out of state travel for conference and training will be submitted for approval prior to any expense being incurred. If Drug Crime Funds are awarded, the sub -recipient must comply with Act 1086 of 2007: The State Drug Crime Enforcement and Prosecution Grant Fund htt 3: www.arkle .state. r.us as e I 2007 R Acts Ae 1' 3di If applicable, the sub -recipient agrees to prepare and submit an Inventory Report for equipment purchased with federal, state, and/or local matching funds with the 11' Quarterly Report. (Updates to Inventory Reporting shall be submitted with quarterly reports.) The sub-reclplent agrees to submit a Match Report within thirty (30) days of the end of the grant period. Match Reporting Form will be provided. (Current Match is 20%) Completed report forward to DFA-IGS and the State Drug Director's Office. The sub -recipient agrees to prepare and submit a Monthly Request for Reimbursement Form (with copies of invoices, cancelled checks, and other documentation of expenditures by line item) by the 151h day of each month following the month for which subgrant expenditures were paid. A supporting document(s) (Excel Spreadsheet) reporting the allocation of subgrant expenditures between federal, state and/or local funds shall accompany each Request for Reimbursement. Reimbursement requests must be timely. Documentation must be appropriate, legible, and accurate. Sub -recipients are recjecired to submit requests monthly, even if the request is zero. Failure to submit monthly reimbursement requests in a timely manner may impose additional special conditions. Please note and acknowledge the additional items below. JAG 21 FEDERAL AWARD NUMBER: 15PBJA-2I-GG-00264-JAGX 30F6 Page 331 of 486 STATE OFARKANSAS Department of Finance and Administration OFFICE OF INTERGOVERNMENTAL SERVICES 1515 West Seventh Street, Suite 400 Post Office Box 8031 Little Rock, Arkansas 72203-8031 Phone: (501) 682-1074 Fax: 501)692-5206 sI ll r;if►vwtiVAIn. t I-L nsmti. ov► a. Grant funds will be used only in accordance with the approved budget. Expenditures incurred or made outside the approved budget line items/categories will be disallowed. b. All lease agreements (i.e. vehicle, storage, office space, and/or rental) must be .submitted to DFA-IGS for the file within 60 days of the award date. c. Preapproval is required for out of state travel. Prior to travel, sub-reclplent must submit an out-of-state travel request form to IGS for approval no later than 30 days before the travel. IGS will provide the standard form to use. Expense incurred for out of state travel that is not pre -approved by IGS will be disallowed. d. Uniform allowance is limited to the purchase of standard officer uniform, hazardous material uniform and necessary hazmat accessories. Undercover officers may not use the uniform allowance to purchase plain clothes. e. Lease cost for vehicles may not exceed $600 per month per vehicle. f. Health Insurance premiums and retirement benefits are limited to the maximums paid by the State of Arkansas for its employees. At the time of this award, health insurance maximum is $450 and retirement maximum rate is 1.5.32% g. The purchase of weapons, lethal or non -lethal, and ammunition for those weapons is an unallowable expense. h. The purchase of drug interdiction canine is unallowable. I. The use and fund of "Buy Money" is an unallowable cost under this award. j. Before unique purchases, review federal/state solicitations and be aware of other unallowable items or items that require special conditions for approval. The subrecipient agrees to prepare and submit Quarterly Reports in PMT by the 151h of the month following the end of a quarter. Report due dates are October 15th, January 15th, April 15th, and July 15th. Sub -recipients can utilize the Accountability Measures Quarterly Report Tool to assist with quarterly reporting In PMT. Failure to submit quarterly reports in a timely manner may result In suspension of funds. The sub -recipient agrees to prepare and submit Monthly Reports by the 101h of each month to both DFA-IGS and the State Drug Director's Office. Failure to submit monthly reports in a timely manner may result in suspension of funds. Budget Modifications/Revision Requests must be submitted by the 10th of the month in order for them to be considered for expenditures made during that month. Budget revisions will not be accepted during the last month of the grant period absent extraordinary circumstances. Sub -recipient may request modification of the approved budget to reallocate funds between existing categories. Requests for the addition of new budget categories or line items may not be approved, The final budget request modification/revision must be submitted no later than May loth. DFA-IGS will only accept four (4) budget modifications request du• ing JAG 21 FEDERAL AWARD NUMBER: 15PBJA-2l-GG-00264-JAGX 40F6 Page 332 of 486 STATE OF ARKANSAS Department of Finance and Administration OFFICE OF INTERGOVERNMENTAL SERVICES 1515 West Seventh Street, Suite 400 Post Office Box 8031 Little Rock, Arkansas 72203-8031 Phone: (501) 682-1074 Fox; (501) 682-5206 Ittl v:lla�r►v.v tlis,:t�'I~a�s�ls.eu►° the awarded project period. This does not Include the Initial budget modification which Is due within 45 days of the Award Date. The subrecipient agrees to submit within thirty (30) days of the end of the grant period a Cumulative Financial Report and Annual Narrative Report "MARKED FINAL." Reimbursement requests not submitted by ninety days past the final day of the grant period will be denied payment subject extraordinary circumstances. Absent such circumstances, the federal and/or state funds will be de -obligated from the subaward. The sub -recipient agrees to provide notification to IGS of all changes made to the General Project Information, i.e. contact information -name, address, telephone, fax, e-mail, etc. and changes made to authorized officials and/or staffing. The sub -recipient will assure that DFA-IGS has complete and correct contact information for the Contract Official for the grant, the DTF Director/Commander, and the Fiscal Officer. Changes in contact information will include physical address, phone, fax and e-mail information as well as updated Memorandum of Understanding. Replacement or changes of DTF officers/staff who are paid directly by the grant or whose salary is used in whole or in part as match to the grant must also be reported the DFA-IGS. The sub -recipient agrees to attend any required DFA-IGS sponsored trainings/meetings as deemed necessary as well as other local trainings/meetings. The sub -recipient understands that Prior written approval is required for subgrant expenditures from federal and/or state funds budgeted in equipment and travel and training line items. The subrecipient shall submit to IGS a written request to purchase small equipment items not approved in the initial budget and submit a written request for use of funds for out-of-state travel and training. Federal and/or state funds budgeted for these purposes shall neither be obligated nor expended until approved by IGS and/or the Law Enforcement Committee. All approvals will be transmitted in written form to the subrecipient. The sub -recipient understands that should it fail to comply with the Federal Award Special Conditions and State Terms and Conditions of this subaward, including civil rights requirements, whether stated in a Federal or State statute, regulation, assurance, application, or notice of award, IGS may take one or more of the following actions, as appropriate [n the circumstances: (1) temporarily withhold cash payments pending correction of the deficiency by the recipient, (2) disallow (that is, deny both use of funds and any appilcable matching credit for) all or part of the cost of the activity or action not in compliance; (3) wholly or partly suspend orterminate the current award; (4) withhold further awards forthe project or program and (5)take other remedies that may be legally available. JAG 21 FEDERAL AWARD NUMBER: 15PBJA-2I-GG-00264-JAGX 5OF6 Page 333 of 486 STATE OFARKANSAS Department of Finance and Administration OFFICE OF MERWVERNMENTAI, SERVICES 1515 West Seventh Street, Suite 400 Post Office Box 8031 Little Rock, Arkansas 72203-8031 Phone. (501 682-1074 Fax: (50 1 ) 692-5206 I�, i��Ij1V14'i1'.CIIJ.711'�i,1!}at1�p� DFA-IGS General Terms and Special Grant Conditions: JAG19 Suhawards Signature Page (Signature of Authorized Official) (Date) l.ioneld Jordan Mayor (Print Name) (Title) (Signature of Fiscal Officer) (Date) Willie Newman Fiscal Officer (Print Name) (Title) (Signature of Paint . f Contact-POC) (Date) Mike Reynolds Chief of Police (Print Name) (Title) JAG 21 FEDERAL AWARD NUMBER: 15PBJA-2I-GG-00264-JAGX 60F6 Page 334 of 486 BJA FY 22 Edward Byrne Memorial Justice Assistance Program: Federal Award 15PBJA-22-GG-00664-JAGX Special Conditions Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2021 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https:Hojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to Speclal Condltlons-JAG Federal Award: 15PBJA-21-GG-00264-JAGX Page 1 of 24 Authorized Official Initials Page 335 of 486 respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 3 Required training for Grant Award Administrator and Financial Manager (N/A) The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 4 Safe policing and law enforcement subrecipients If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency's use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds Special Conditlons-JAG Federal Award: 1SPBJA-2I-GG-00264-JAGX Page 2 of 24 Authorized official Initials Page 336 of 486 except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO. 5 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVw, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOS awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 6 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Special condltions-JAG Federal Award; 15PBJA-2I-GG-00264-JAGX Page 3 of 24 Authorized official Initials Page 337 of 486 Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 7 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 8 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Special Conditlons-JAG Federal Award; 15PBJA-2I-GG-00264-JAGX Page 4 of 24 Authorized Official Initials Page 338 of 486 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R, Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 10 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 11 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Special Conditions -JAG Federal Award: 1SPBJA-21-GG-00264-JAGX Page 5 of 24 Authorized official Initials Page 339 of 486 12 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOj)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Special Conditions -JAG Federal Award: 15P6JA-21.GG-00264-JAGX Page 6 of 24 Authorized Official Initials Page 340 of 486 1s Requirement to disclose whether recipient is designated "high risk" by a federal grant - making agency outside of DOJ (N/A) If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, B. The high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency. 16 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financiaiguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 17 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed, Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 18 Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations Special Conditlons-JAG Federal Award: 15PBJA-2I-GG-00264-JAGX Page 7 of 24 Authorized official Irt}tlals Page 341 of 486 statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY2lAppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 19 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high -risk" for purposes of the DOJ high -risk grantee list. 20 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention Special condltlons-JAG Federal Award: 15PBJA-2I-GG-00264-JAGX Page B of 24 Authorized Official Initials Page 342 of 486 requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff Involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.6., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify Special Conditions -JAG Federal Award: 15PBJA-2I-GG-00264-JAGX Page 9 of 24 Authorized Official Initials Page 343 of 486 visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 21 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal Special Condltlons-JAG Federal Award; 15PBJA-2I-GG-00264-JAGX Page 10 of 24 Authorized Official Initials Page 344 of 486 confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b, it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 22 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 23 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at i�[ ;Ilo�jp, c v_Ifn tliri�gli.i 'iJ I(3 ,crltlTr�liaiLi Principles!"t rGr ntees=SuE��rallteeti.i�u��. Special Condltlons-JAG Federal Award: 15PBJA-2I-GG-00264-JAGX Page 11 of 24 Authorized Official Initials Page 345 of 486 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first -tier subrecipients (first -tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https:Hojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 26 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an Special Conditions -JAG Federal Award; 1SPBJA-2I-GG-00264-JAGX Page 12 of 24 Authorized Official Initials Page 346 of 486 applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJ P. 27 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 28 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. Special Conditions -JAG Federal Award: SSPBJA-2I-GG-00264-JAGX Page 13 of 24 Authorized Official Initials Page 347 of 486 The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OjP authority to terminate award)), and are incorporated by reference here. 29 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 30 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.goWhotline. Special Condltlons-JAG Federal Award: 15PB1A-21-GG-00264-JAGX Page 14 of 24 Authorized Official Initials Page 348 of 486 31 FFATA reporting: Subawards and executive compensation (N/A) The recipient must comply with applicable requirements to report first -tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients (first -tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 32 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 33 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Special Conditions -JAG Federal Award: 1SPBJA-2I-GG-00264-JAGX Page 15 of 24 Authorized official Initials Page 349 of 486 34 Use of program income (N/A) Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements, Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 35 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp-grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 36 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 37 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Pan: 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 Special Conditions -JAG Federal Award: 15PBJA-2I-GG-00264-JAGX Page 15 of 24 Authorized Official Initials Page 350 of 486 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 38 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 39 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 40 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (Internet -based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership Special Conditions -JAG Federal Award: 15P8JA-2I-GG-002G4-JAGX Page 17 of 24 Authorized Official Initials Page 351 of 486 41 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. 42 "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review. The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin- FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here. 43 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 44 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying Speclal Conditions -JAG Federal Award: SSPBJA-2I-GG-00264-JAGX Page 18 of 24 Authorized Official Initials Page 352 of 486 with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Special Conditions -JAG Federal Award: 15PBJA-2I-GG-00264-JAGX Page 19 of 24 Authorized Official Initials Page 353 of 486 45 Establishment of trust fund (N/A) If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest -bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program GAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 46 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. 47 (N/A) All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG CategoryTwo ($25K or more) must submit semi- annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperform ancetools.org). For more detailed information on reporting and otherJAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Special Conditions -JAG Federal Award: 15PBJA-21-GG-00264-JAGX Page 20 of 24 Authorized official Initials Page 354 of 486 48 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 49 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2020), however, the recipient may choose to incur project costs using non- federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. so If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non -governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). Special Conditions -JAG Federal Award: 1SPBJA-2I-GG-00264-JAGX Page 21 of 24 Authorized official Inklak Page 355 of 486 51 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient; if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 52 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 53 Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Special Conditions -JAG Federal Award; 15PBJA-2I-GG-00264-JAGX Page 22 of 24 Authorized Officlal Initials Page 356 of 486 54 Body armor - compliance with NU standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NU Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-baliistic- armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NU standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 55 Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. 56 BJA- JAG - Withholding of Funds for Chief Executive Certification Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Special Conditlons-JAG Federal Award: 15PBJA 21-GG-00264-JAGX Page 23 of 24 Authorized Official Initials Page 357 of 486 Government," properly -executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition. 57 BJA- JAG - SORNA Appeal Limits The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction did not substantially implement the Sex Offender Registration and Notification Act (Public Law 109-248, "SORNA") before the deadline, and understands that, as a result of that final agency decision, the amount of this JAG award was reduced, pursuant to 34 U.S.C. 20927. By accepting this specific award, the recipient voluntarily agrees that if it elects to file a judicial appeal of that final agency decision, which was integral in determining this particular funding amount, no such appeal may commence more than 6 months after the date of acceptance of this award. Special Conditions -JAG Federal Award, 1SPBJA-2I-GG-00264-JAGX Page 24 of 24 Authorized Official Initlals_ Page 358 of 486 CITY OF POW, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 CITY COUNCIL MEMO 2023-499 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: SUBJECT: Approval of Lease Agreement with Fayetteville Advertising and Promotion Commission for the Town Center and Town Center Parking Deck. RECOMMENDATION: Staff recommends approval of the Lease Agreement between the City of Fayetteville and the Fayetteville Advertising and Promotion Commission for the Town Center and Town Center Parking Deck. BACKGROUND: Resolution 120-98 approved a lease agreement between the City of Fayetteville and the Advertising and Promotion Commission of the City of Fayetteville for the Town Center. Resolution 155-15 approved a lease agreement between the City of Fayetteville and the Advertising and Promotion Commission of the City of Fayetteville for the Town Center Parking Deck. DISCUSSION: This lease agreement incorporates terms of the 1998 Town Center Lease agreement, the 2015 Town Center parking deck agreement, and some new terms for both. Those include a 10 year renewable term, City's commitment to replace Building Systems after Life Cycle, all built in furniture to remain the City's, Town Center to provide the City with Maintenance Records, reasonable rates charged for parking, and parking equipment purchased shall be in keeping with the City's overall parking masterplan. An assessment has been performed by Facilities Management, and found that the building has been well maintained, with some major systems replaced. The City's Facilities team will provide a Capital program for system replacement over the next 5 years to include Fire Alarm, Pumps, and Elevator upgrades. BUDGET/STAFF IMPACT: Future system replacements will be included in the 5-year capital plan. ATTACHMENTS: SRF TC Lease Agreement, FTC_COF_Lease2023 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 359 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-499 Approval of Lease Agreement with Fayetteville Advertising and Promotion Commission for the Town Center and Town Center Parking Deck. A RESOLUTION TO APPROVE A 10 YEAR LEASE AGREEMENT WITH THE FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION FOR THE TOWN CENTER AND TOWN CENTER PARKING DECK WHEREAS, the Fayetteville Advertising and Promotion Commission has leased the Town Center since 1998 and the Town Center Parking Deck since 2015; and WHEREAS, the Advertising and Promotion Commission's 1998 lease agreement with the City required the A & P Commission to "promptly at no cost and expense to Lessor (City) make or cause to be made all necessary repairs, interior or exterior, structural and non-structural, foreseen as well as unforeseen to such improvements (Town Center)"; and WHEREAS, the City of Fayetteville will, under this new Lease Agreement, be responsible for the refurbishing or replacement of most mechanical and structural components of the Town Center; and WHEREAS, the City of Fayetteville believes it is in the best interests of the citizens of Fayetteville for the A& Commission to continue to manage the Town Center and Town Center Parking Deck pursuant to the terms of the new Lease Agreement. 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 attached Lease Agreement and authorizes Mayor Jordan to sign this Lease Agreement with the Fayetteville Advertising and Promotion Commission for the Town Center and Town Center Parking Deck. Page 1 Page 360 of 486 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2023-499 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2023 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Fh ase Agreement between the City of Fayetteville and the Fayetteville Advertising and Promotion Commission for e Town Center and Town Center Parking Deck. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget V20221130 Previous Ordinance or Resolution # 120-98, 155-15 Approval Date: Page 361 of 486 LEASE AGREEMENT This Lease Agreement ("Lease Agreement") is by and between the CITY OF FAYETTEVILLE, ARKANSAS ("Fayetteville" or "City"), and the FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION {which is a governmental agency established by Ordinance No. 2310 of the City of Fayetteville pursuant to A.C.A, §26-75-605) ("A&P Commission" or the "Commission") who jointly state and agree that: 1. WHEREAS, Fayetteville is a duly organized and existing municipality, a city of the first class, under the laws of the State of Arkansas with full and lawful power and authority to enter into this Lease Agreement; and 2. WHEREAS, the A&P Commission is authorized under the laws of the State of Arkansas to enter into this Lease Agreement and to perform all covenants and obligations on its part and to be performed under and pursuant to this Lease Agreement; and 3. WHEREAS, Fayetteville owns the Fayetteville Town Center as a multi -purpose civic center for meetings, conventions, exhibitions, entertainment events, related uses, and parking (the "Town Center"); and 4. WHEREAS, Fayetteville and the A&P Commission entered into a Lease Agreement dated September 15, 1998, but the original term of that 22-year lease has now ended; and 5. WHEREAS, Fayetteville and A&P Commission entered into an agreement and two amendments to that agreement for the operation of the parking deck at the Town Center, but that twice amended agreement's term has now ended; and 6. WHEREAS, A&P Commission is willing and able to continue successfully operating and managing the Town Center and its parking deck for the purpose of fulfilling their statutory purpose of advertising and promoting the City and for maintaining and operating a convention center and/or Page 362 of 486 tourist promotion facility for the City; and 7. WHEREAS, Fayetteville is willing to continue leasing the Town Center and its parking deck to the A&P Commission and believes it is in the best interests of the citizens of Fayetteville, Arkansas for the A&P Commission to manage the Town Center on behalf of the City pursuant to the terms and for the consideration herein stated. NOW, THEREFORE, for the valuable consideration of the mutual benefits, commitments, and covenants herein contained, the City of Fayetteville and the Advertising and Promotion Commission agree as follows: ARTICLE I DEFINITIONS SECTION 101. In addition to the words and terms elsewhere defined in this Lease Agreement, the following words and terms as used in this Lease Agreement shall have the following meanings unless the context clearly indicates a different meaning or intent: "Full Insurable Value" means such value as shall be determined from time to time at the request of Fayetteville or the A&P Commission but not more than once in every forty-eight (48) months by one of the insurers selected by Fayetteville. "Leased Premises" means the lands, buildings, improvements, and facilities covered by the Lease Agreement and defined in Section 201 hereof ARTICLE II DEMISING CLAUSES, DURATION OF LEASE TERM, AND CONSIDERATION SECTION 201. For and in consideration of the covenants, promises, and agreements required, referred to, or contained herein on the part of the A&P Commission to be I Page 363 of 486 fulfilled, kept, and performed, the City of Fayetteville, as owner and landlord, agrees to and does hereby lease to the A&P Commission, and the A&P Commission, as tenant, agrees to, and does hereby lease the Fayetteville Town Center, subject to the terms, conditions and provisions of this Lease Agreement. The following are hereinafter referred to as the "Leased Premises": (a) The lands situation in Washington County, Arkansas, described in Exhibit A attached hereto; (b) The buildings, structures, and other improvements now or at any time hereafter erected and installed on these lands; and (c) All accretions, easements, rights of way and appurtenances belonging to these lands and/or the improvements described in (a) and (b) above. TO HAVE AND TO HOLD possession of the Leased Premises unto the A&P Commission for the term of this Lease Agreement as hereafter set forth. Section 202. The Term of this Lease Agreement shall commence upon the date that both of the proper representatives of the City and the A&P Commission have with proper authority signed this Lease Agreement and shall run for a period of ten (10) years (""Perm"). Section 203. Each party shall notify the other party at least six (6) months prior to the end of the Term this Lease of its intent to renew or end this Lease Agreement. If both parties fail to provide such notice, the City and Commission agree that this Lease Agreement shall not terminate at the end of the term, but shall renew for successive six (6) month periods until proper notice has been provided. Section 204. The Advertising and Promotion Commission covenants, as partial consideration for this Lease Agreement, to properly manage and maintain the Leased Premises and to pay all expenses, liabilities, obligations and other payments of whatever nature which the A&P Commission has agreed to pay or assume under the provisions of this Lease Agreement. Page 364 of 486 Within three months after the end of the A&P Commission's fiscal year, the Commission shall deliver to the Mayor's Office a short review of the previous year's operation, revenues and expenditures by the Commission related to the Premises ('town Center and Parking Deck) which shall include any known or projected expenses for the needed repair or replacement of major building components or systems that the City of Fayetteville may be responsible to fund or partially fund in the coming year. ARTICLE III INSURANCE Section 301. A. At all times during the term, Fayetteville shall at Fayetteville's sole cost and expense keep the Leased Premises and the furniture, fixtures and equipment insured: (1) Against the perils of fire and the hazards ordinarily included under broad form extended coverage endorsements in amounts not less than 90% of the full insurable value thereof within the terms of applicable policies. (2) If there are boiler or pressure vessels, from boiler or pressure vessel explosion in an amount customarily carried in the case of similar industrial operations. B. At all times during the term, the A&P Commission shall at the Commission's sole cost or expense maintain or cause to be maintained: (1) General Public Liability insurance against claims for bodily injury or death occurring upon, in or about the Leased Premises, with such insurance to afford protection to the limits of not less than $1,000,000 in respect of bodily injury or death to any one person and to the limit of not less than $2,000,000 In respect to any one accident; and (2) Properly damage insurance against claims for damage to property occurring upon, in or about the Leased Premises with such insurance to afford protection to the limit of not less than $50,000 in respect of damages to the property of any one owner. Page 365 of 486 C. The insurance required by § 301 shall be maintained in full force and effect at all times during the term of this Lease Agreement; D. Copies or certificates of the insurance provided for by this Article or elsewhere in this Lease Agreement shall be delivered to the parties. And, in the case of expiring policies throughout the term, copies or certificates of any new or renewal policies shall be promptly delivered to the parties. E. All insurance required by this Section 301 shall be placed with insurance companies qualified to do business in the State of Arkansas. Appropriate provisions shall be inserted in each insurance policy making each policy noncancelable without at least ten (10) days prior written notice to Fayetteville and A&P Commission. ARTICLE IV REPAIRS AND MAINTENANCE OF LEASED PREMISES AND ALTERATIONS Section 401. A. The A&P Commission had been responsible during the initial 22 year Lease Agreement of September, 1998 to "promptly at no cost and expense to Lessor (City) make or cause to be made all necessary repairs, interior or exterior, structural and non-structural, foreseen as we]] as unforeseen to such improvements (the Town Center)." The City of Fayetteville shall now assume through this Lease Agreement a large portion of those duties and costs by becoming responsible during this lease Term for the replacement or refurbishing of the following systems of the Town Center after the end of the life cycle of each system: (1) Ileating and air conditioning system (2) Roof (3) Exterior walls (4) Interior and exterior plumbing (5) Electrical systems Page 366 of 486 (6) Fire sprinkler systems (7) Fire alarm system (8) Elevators (9) Parking deck (10) Paved sidewalks and ramps (11) Town Center plaza B. The City shall determine and notify the Commission of the life cycle of each such system listed above and is not required to repair, replace or refurbish any system which has not achieved its expected life cycle date nor if any defect, damage, or needed repair to a system is due to the A&P Commission's neglect, failure to properly and timely maintain and service the system, or because of any negligence by the A&P Commission or its agents, invitees, or customers. Fayetteville will present to the A&P Commission the expected life cycle for each of the systems and may require specific, regular preventive maintenance for any system to be accomplished and certified to by the A&P Commission. Fayetteville may inspect at its discretion such maintenance logs and reports during normal business hours of the Fayetteville Town Center. C. The A&P Commission shall throughout the term, at no cost to the City, satisfactorily maintain or cause to be maintained all the systems which the City may need to repair, refurbish or replace at the end of life cycle for such system established by the City of Fayetteville pursuant to this Lease Agreement. The A&P Commission shall document all such maintenance and minor repair of these systems and allow Fayetteville to inspect those maintenance records upon request. The City may inspect any or all of these systems with reasonable notice to the A&P Commission and may require additional, better, or more frequent preventive maintenance by the A&P Commission if a system appears to need increased maintenance, has apparently suffered insufficient preventive maintenance in the past, or is in danger of not reaching its expected life cycle before repair, refurbishment or replacement is necessary. Any such uncured or unresolved r, Page 367 of 486 problems may relieve the City from some or all of its responsibilities to repair, refurbish or replace such system. D. The A&P Commission shall, at no cost to the City, be responsible for maintenance and upkeep of the Town Center, Parking Deck, Plaza and other premises beyond the systems specified in Section 401 A. The A&P Commission shall also be responsible for the proper maintenance and repair of all fixtures in the kitchen and bathrooms, all lighting and furniture and as well as all carpeting, flooring, rugs and other floor coverings. Section 402. The A&P Commission shall have the right from time to time to make additions, alterations, and changes in or to the improvements constituting part of the Leased Premises and shall have the right to construct new improvements with the prior written approval of the City of Fayetteville. Such approval shall not be unreasonably withheld. in the event the A&P Commission makes any additions, alterations, and changes in or to the improvements constituting part of the Leased Premises as authorized by this Section, the A&P Commission shall be under no obligation at the expiration of the term to restore the Leased Premises to their original condition prior to such additions, alterations, or changes. Section 403. All structural improvements and alterations, which are permanent in nature, made on the Leased Premises by or on behalf of A&P Commission shall immediately upon completion thereof be and become the property of Fayetteville without payment therefor by Fayetteville but subject to this Lease Agreement. All machinery and equipment, trade fixtures, movable partitions, furniture, and furnishings and other property purchased and installed on the Leased Premises at the expense ofA&P Commission, including but not limited to lighting systems, audio visual equipment, freezers, and desks, shall remain the property of the A&P Commission. Page 368 of 486 Any and all built-in equipment and built-in furniture shall be and remain the property of the City of Fayetteville at the end of the Lease Agreement's Term. Section 404. The A&P Commission agrees to timely and completely pay or cause to be paid all charges for water, gas, sewer, electricity, light, heat or power, telephone or other service used, rendered or supplied to or for the A&P Commission upon or in connection with the Leased Premises throughout the Term of this Lease Agreement. ARTICLE V USE OF LEASED PREMISES - COMPLIANCE WITH ORDERS. ETC. Section 501. Subject to the following provisions of this Section, Fayetteville and the A&P Commission agree that the A&P Commission shall use the Leased Premises for a multi- purpose civic center for meetings and conventions, exhibitions, entertainment events and related uses and related parking facilities. The A&P Commission shall promptly comply with all valid statutes, laws, and requirements of all federal, state, local, and other governments or governmental authorities now or hereafter applicable to the Leased Premises. The A&P Commission shall during the term comply with the mandatory requirements, rules and regulations of all insurers under the policies required to be carried under the provisions of this Lease Agreement. Section 502. The A&P Commission covenants that it will operate the Town Center in a prudent and financially responsible manner, and will fix, charge, and collect reasonable rates, fees, and charges for the use of the Town Center and for services performed by the A&P Commission in connection therewith. Section 503. The A&P Commission covenants that it will at all times operate the Town Center as a convention center within the requirements of the Advertising and Promotion Commission Act (Ark. Code Ann. § 26-75-601 et. seq.) so that Fayetteville will qualify under the 8 Page 369 of 486 provisions of the City -County Tourist Meeting and Entertainment Facilities Assistance Law (Ark. Code Ann. § 14-171-2I0 et. seq.) for turnback funds. Section 504. The A&P Commission agrees that all its records, reports, accounts, writings, and documents are and shall be covered by the Freedom of Information Act (Ark. Code Ann. § 25-19-101 et. seq.) and shall be open for inspection and copying at all times as set forth in that Act. Section 505. The A&P Commission agrees to present annual reports to Fayetteville and its City Council near the anniversary date of this agreement. This report will include documentation on how and whether the Town Center has been managed to accomplish the following goals: (1) generate increased tourism for Fayetteville; (2) remain financially viable with all debts and obligations paid timely; (3) serve the Fayetteville community by its use for local non- profit groups and other community events such as dances, dinners, receptions, and other meetings. If the City Council determines the A&P Commission has failed to properly accomplish any of the three stated goals, the A&P Commission shall be given written notice of such failure. A special review to determine if corrective action taken by the A&P Commission has resolved any failure will be conducted after six months. If the City Council then determines the problem has been resolved to its satisfaction, the report process will continue as stated above. if the City Council determines the failure has not been satisfactorily resolved, the City Council can allow additional time to the A&P Commission to resolve the problem, or the City Council may declare the A&P Commission to be in default and Fayetteville may re-enter and take possession of the Leased Premises as provided in Section 1102. Section 506. Maintenance records are to be kept and presented to City of Fayetteville Facilities Management Division annually. An annual audit of the systems will be 9 Page 370 of 486 performed by the Facilities Management Director or assigned personnel to ensure proper maintenance is being done. In the event deficiencies are found, Fayetteville may require the A&P Commission to perform immediate repairs, increased preventive maintenance, or take other actions to correct the deficiencies. See §401 C. for additional requirements and consequences for unresolved problems. Section 507. At the request of either Fayetteville or the A&P Commission, but not more frequently than once every other year, a meeting may be called for the purpose of proposing amendments to this agreement. The staff of Fayetteville and the A&P Commission agree to be present at such meeting to negotiate concerning any proposed amendments. ARTICLE VI PARKING DECK Section ti01. Fayetteville agrees to operate the parking deck at the Town Center (the "Deck"), during the Term of this Lease Agreement and any extension thereof. The City shall: A. Collect the revenues generated from the parking system in the Deck and transfer said revenues to the designated personnel at the Commission. The City shall enforce the Deck consistent with other city -managed parking facilities and will retain all revenues resulting from enforcement of the parking in the Deck. B. Facilitate the purchase of parking permits for the Deck and maintenance associated customer accounts. C. Coordinate with designated personnel of the Commission regarding parking needs for events taking place at the Town Center. D. Provide to the designated personnel of the Commission on a regular basis an accounting of all revenues received. E. Provide routine maintenance on the parking system of the Deck provided that any costs and expenses incurred for vendor -provided equipment maintenance shall be borne by the Commission. Additionally, all costs and expenses incurred for the purchase of equipment and supplies for the operation of the Deck shall be borne by the Commission, provided that such purchases have the prior 10 Page 371 of 486 approval of a designated representative of the Commission in keeping with the City's overall parking masterplan. F. Take calls and complaints concerning the Deck. G. Provide a minimum of eight (8) hours of general cleaning services per week in the following areas: 1. All levels of the parking deck; 2. Plaza contracted parking lot (below); 3. Alleyway running between East Avenue and Block Avenue; 4. Town Center Plaza area (above); 5. As used in this Lease Agreement, general cleaning services include sweeping, blowing, vacuuming, spot washing of soft drinks, mud, or other spills, and the emptying of trash containers into the Town Center dumpster. All other cleaning and maintenance of the aforementioned areas, included any cleaning needs resulting from events taking place at the Town Center, shall be the responsibility of the Commission. Section 602. In exchange for the services listed in Section 601 herein, the Commission agrees to provide fifty-five (55) parking spaces on the deck to be used by employees of the City, provided that: A. The City agrees to abide by the same rules that apply to the other customers leasing spaces on the deck. B. The City agrees to allocate parking only to City employees. C. The City shall expend its best efforts to discourage nighttime parking, as the Town Center frequently holds nighttime events. D. The City shall encourage employees to park towards the west end of the deck, leaving spaces closest to the elevators open for Town Center customer parking. Section 603. Except as provided in Section 602 herein, The Commission shall manage the parking deck in a prudent and financially responsible manner, and will fix and charge reasonable rates, fees and charges for the use of the parking deck. The Commission shall be Page 372 of 486 responsible for all collection actions associated with delinquent accounts, provided that the City shall be responsible for informing the Commission of such accounts in a timely manner. Section 604. Neither party may assign any of its rights or obligations under this Article VI without the express written consent of the other. A waiver by either party of any of the terms or conditions of this Article VI herein shall be limited to that particular instance and shall not be construed as a general waiver of any other breaches by either party. ARTICLE VII FAYETTEVILLE MAY PERFORM A&P COMMISSION'S OBLIGATIONS Section 701. If the A&P Commission shall fail to keep or perform any of its obligations as provided in this Lease Agreement in respect to (a) maintenance of insurance; (b) repairs and maintenance of the Leased Premises; (c) compliance with legal or insurance requirements; or (d) making of any other payment or performance of any other obligations, then Fayetteville may (but shall not be obligated to), upon the continuance of such failure on the A&P Commission's part for thirty (30) days after written notice to the A&P Commission, and without waiving or releasing the A&P Commission from any obligation, and as an additional but not exclusive remedy, make any such payment or perform any such obligation (not under circumstances where such payment or performance would defeat any rights, herein specifically given to the A&P Commission, to withhold such performance or to contest such obligation to the extent herein provided), and all sums so paid by Fayetteville and all necessary incidental costs and expenses incurred by Fayetteville shall be paid to Fayetteville on demand. Page 373 of 486 ARTICLE VIII INSPECTION OF LEASED PREMISES Section 801. The A&P Commission shall permit Fayetteville or its authorized representatives to enter the Leased Premises at all reasonable times during usual business hours for the purpose of general inspection or for inspection of the performance of any maintenance, repairs, or construction work done by the A&P Commission, and records thereof. ARTICLE IX DAMAGE AND DESTRUCTION Section 901. A. The A&P Commission covenants and agrees that in the event of damage to or destruction of the Leased Premises, or any part thereof, by fire or other casualty, the A&P Commission shall immediately notify Fayetteville. If the Leased Premises sustains "Major Damage or Destruction," (as hereafter defined) either party may terminate this Lease Agreement by giving written notice to the other party within 45 days after the date of the casualty. If the damage does not constitute Major Damage or Destruction, the parties shall use the insurance proceeds to restore, repair, rebuild or replace the Leased Premises as nearly as possible to the condition they were in immediately prior to such damage or destruction. B. The term "Major Damage or Destruction" means any damage or injury to or destruction of the Leased Premises or any part thereof (whether or not resulting from an insured peril) such that the Leased Premises cannot reasonably be restored to their condition immediately preceding such damage, injury or destruction within a period of ninety (90) working days, or which would prevent the A&P Commission from carrying on its operations therein for at least ninety (90) working days or if the restoration cost would so exceed the total amount of insurance or other I Page 374 of 486 proceeds that repair, restoration, or reconstruction would not be feasible nor desirable as determined by the Fayetteville City Council. C. All insurance money paid on account of such Major Damage or Destruction shall be paid to the City of Fayetteville and applied only to the payment of the cost of the restoration, repairs, replacements, or rebuilding, including expenditures made for temporary repairs or for the protection of property pending the completion of permanent restoration, repairs, replacements, or rebuilding or to prevent interference with the business operated thereon unless the insurance funds are insufficient to accomplish full restoration, repair, replacement, rebuilding, and the other necessary expenses. if the insurance money is insufficient for those purposes, it shall be paid to the City of Fayetteville to be used preferably for a capital expenditure similar to the Town Center to be determined by the City Council to be in the best interests of Fayetteville. ARTICLE X ASSIGNMENT Section 1001. The A&P Commission may not assign this Lease Agreement or sublet the Leased premises or part thereof for a period longer than sixty (60) days without the prior written consent of Fayetteville. No assignment or subletting and no dealings or transactions between Fayetteville and any or assignee shall relieve the A&P Commission of any of its obligations under this Lease Agreement. The A&P Commission shall remain as fully bound as though no assignment or subletting had been made, and performance by any assignee or sublessee of the A&P Commission shall be considered as performance by the Advertising & Promotion Commission. Page 375 of 486 ARTICLE XI DEFAULT PROVISIONS Section 1101. The following shall be "Events of Default" under this Lease Agreement and the terms "Event of Default" or "Default" shall mean, whenever they arc used in this Lease Agreement, any one or more of the following events: failure by the A&P Commission to observe and perform any covenant, condition or agreement on its part to be observed or perfonned, (1) for a period of thirty (30) days after written notice, specifying such failure and requesting that it be remedied, given to the A&P Commission by Fayetteville unless the Fayetteville shall agree in writing to an extension of such time prior to its expiration or (2) for such longer period as may be reasonably necessary to remedy such default provided that the A&P Commission is proceeding with reasonable diligence to remedy the same. Section 1102. Whenever any Event of Default shall happen and then be continuing, Fayetteville may take any or all of the following remedial steps: (1) Fayetteville may re-enter and take possession of the Leased Premises without terminating this Lease Agreement and sublease the Leased Premises. (2) Fayetteville may terminate the Lease Agreement and exclude the A&P Commission from possession of the Leased Premises. (3) Fayetteville shall have access to and inspect, examine and make copies of the books and records relating to the Leased Premises. (4) Fayetteville may take whatever legal action may appear necessary or desirable to collect any rent of the Town Center and any other amounts payable to the A&P Commission hereunder, then due and thereafter to become due, and/or to enforce performance and observance of any obligation, agreement or covenant of the A&P Commission under this Lease Agreement. Section 1103. No remedy herein conferred upon or reserved to the Fayetteville is intended to be exclusive of any other available remedy or remedies, but each and every such Page 376 of 486 remedy shall be cumulative and shall be in addition to every other remedy given under this Lease Agreement as now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right or power may be exercised from time to time as often as may be deemed expedient. ARTICLE XII NOTICES Section 1201. All notices, demands and requests which may or are required to be given by either party to the other shall be in writing, and each shall be deemed to have been properly given when served personally on an executive officer of the party to whom such notice is to be given, or when sent postage prepaid by certified mail by deposit thereof in a duly constituted United States Post Office or branch thereof located in one of the present states of the United States of America in a sealed envelope addressed as follows: If intended for A&P Commission: CEO Advertising and Promotion Commission City of Fayetteville, Arkansas 21 South Block Avenue Suite 100 Fayetteville, AR 72701 If intended for Fayetteville: Mayor City Administration Building 113 W. Mountain Street Fayetteville, AR 72701 Any party may change the address and the name of addressee to which subsequent notices are to be sent by notice to the other parties given as aforesaid. 16 Page 377 of 486 ARTICLE XIII GENERAL Section 1301. This Lease Agreement shall be construed and enforced in accordance with the laws of the State of Arkansas. Proper venue and jurisdiction is Fayetteville, Washington County, Arkansas. Section 1302. If any provision of this Lease Agreement or the application thereof to any person or circumstance shall, to any extent, be determined to be invalid or unenforceable, the remainder of this Lease Agreement and the application of its provisions to persons or circumstances other than those as to which it has been determined to be invalid or unenforceable, shall not be affected thereby, and each provision of this Lease Agreement shall be valid and shall be enforced to the fullest extent permitted by law. Section 1303. The provisions of this Lease Agreement shall bind and inure to the benefit of the parties hereto and their respective successors. Section 1304. This Lease Agreement constitutes the entire agreement between these parties relating to the Leased Premises described herein and recites the entire consideration given and accepted by the parties. No representations not expressed herein have been made by either party or their agents. No representative of either party shall have any authority to bind the party allegedly represented concerning any modifications, additions, amendments or changes to this Lease Agreement. Section 1305. Nothing in this Lease Agreement shall be construed to waive the sovereign immunity of the State of Arkansas or any entity thereof and nothing herein shall be M Page 378 of 486 construed to waive the statutory tort immunity of the City of Fayetteville and any potential immunity of the Fayetteville Advertising and Promotion Commission. IN WITNESS WHEREOF, Mayor Jordan having been properly authorized to execute this Lease Agreement by City Council Resolution and CEO Molly Rawn having been properly authorized by resolution of the Fayetteville Advertising and Promotion Commission do hereby sign their names to express Fayetteville's and the Fayetteville Advertising and Promotion Commission's full approval and acceptance of this Lease Agreement and all of its promises, covenants, and requirements therein contained. This Lease Agreement may be signed in counterparts which shall be considered originals. FAYETTEVILLE ADVERTISING & PROMOTION COMMISSION "-Mawn, CEO MQtC,�n 3, �osz3 Dale WITNESS: Printed Name & Title CITY OF FAYETTEVILLE, ARKANSAS I N, Lioneld Jordan, Mayor Date ATTEST: Kara Paxton, City Clerk Treasurer Page 379 of 486 EXHIBIT A To the LEASE AGREEMENT by and between the CITY OF FAYETTEVILLE, ARKANSAS and the FAYETTEVILLE ADVERTISING AND PROMOTION COMMISSION: The following described land situated in the County of Washington, State of Arkansas, to -wit: Lot Numbered Eight (8), the north seven (7) feet of equal and uniform width of Lot Numbered Nine (9), Lots Numbered Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15), including the interest in any vacated alley associated with each lot or partial lot, all in Block Numbered Thirty (30) in the 'Town (now City) of Fayetteville, as designated upon the original plat of said town filed In the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Also any and all interest in "partnership" or common "walls" which were previously conveyed to the Grantor. Said walls and buildings are no longer in existence. Page 380 of 486 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Terry Gulley, Asst Public Works Director - Ops FROM: Byron Humphry, Parks Maintenance Superintendent DATE: CITY COUNCIL MEMO 2023-545 SUBJECT: Staff recommends approval of a contract amendment with Titan Lawn and Landscape, LLC in the amount of $150,000.00, for a total contract amount of $241,310.72, to provide trash removal services, to remove trash and debris from unsanctioned camp sites on City property, along the trail system, and adjacent properties as needed and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of a contract amendment with Titan Lawn and Landscape, LLC in the amount of $150,000.00, for a total contract amount of $241,310.72, to provide trash removal services, to remove trash and debris from unsanctioned camp sites on City property, along the trail system, and adjacent properties as needed and approval of a budget adjustment. BACKGROUND: On May 3, 2022, City Council approved resolution 94-22 to award RFP 22-03 and authorize a contract with Titan Lawn & Landscape LLC in the amount of $91,310.72 for mowing services for Park and Public Right of Way areas. The contract also provided hourly rates for landscape maintenance, drainage, and irrigation services. DISCUSSION: Trash and debris, from unsanctioned campsites, has accumulated on City property, along the trail system and on adjacent properties that poses a health and environmental hazard and detracts from the beauty of our trail system. The burden of removal of this trash falls to the property owner and takes considerable amounts of time and resources to manage and remove. To help offset this burden, the City proposes to engage a contractor to gather and remove trash from these unsanctioned camp sites. Titan Lawn and Landscape, LLC currently contracts with the City for mowing services in Parks, Right of Way, and the new Police headquarters as well as services including landscape maintenance, drainage, and irrigation. This proposal adds an amendment to the existing contract to include an additional scope of work for trash removal services. BUDGET/STAFF IMPACT: Titan Lawn & Landscape, LLC provided a cost of $67.50 per man-hour for trash removal services. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 381 of 486 ATTACHMENTS: SRF Titan Lawn Trash Removal, Contract Amendment Titan Lawn Landscape, Titan Lawn & Trash Removal Scope of Work, BA Titan Lawn Trash Removal Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 382 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-545 Staff recommends approval of a contract amendment with Titan Lawn and Landscape, LLC in the amount of $150,000.00, for a total contract amount of $241,310.72, to provide trash removal services, to remove trash and debris from unsanctioned camp sites on City property, along the trail system, and adjacent properties as needed and approval of a budget adjustment. A RESOLUTION TO APPROVE AN AMENDMENT TO THE CONTRACT WITH TITAN LAWN AND LANDSCAPE, LLC IN AN ADDITIONAL AMOUNT NOT TO EXCEED $150,000.00 TO PROVIDE TRASH AND REMOVAL SERVICES FROM UNSANCTIONED CAMP SITES ON CITY PROPERTY ALONG THE TRAIL SYSTEM AND ADJACENT PROPERTIES AS NEEDED, AND TO APPROVE A BUDGET ADJUSTMENT. WHEREAS, on May 3, 2022 the City Council approved Resolution 94-22 authorizing a contract with Titan Lawn & Landscape, LLC in the amount of $91,310.72 for mowing services for Park and Public Right of Way areas; and WHEREAS, trash and debris from unsanctioned campsites has accumulated on City property along the trail system and on adjacent properties that poses a health and environmental hazard and detracts from the beauty of our trail system. 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 an Amendment to the contract with Titan Lawn and Landscape, LLC, a copy of which is attached to this Resolution, in an additional amount not to exceed $150,000.00 (for a total contract amount not to exceed $241,310.72), to provide trash and removal services from unsanctioned camp sites on City property along the trail system and adjacent property as needed. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 383 of 486 Byron Humphry Submitted By City of Fayetteville Staff Review Form 2023-545 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/9/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a contract amendment with Titan Lawn and Landscape, LLC in the amount of $150,000.00, for a total contract amount of $241,310.72, to provide trash removal services, to remove trash and debris from unsanctioned camp sites on City property, along the trail system, and adjacent properties as needed, and approval of a budget adjustment. Budget Impact: 1010.520.5260-5315.00 General Fund Account Number Fund 62301.1 Camp Site Trash & Debris Removal Project Number Budgeted Item? Yes Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? No Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Remaining Budget Project Title $ 120,000.00 $ 90,000.00 30,000.00 $ 150,000.00 ") 180,000.00 V20221130 Previous Ordinance or Resolution # 94-22 Approval Date: 5/3/2022 Comments: Item Cost will vary depending on needs of the City and will be billed on a per hour/per case basis. Page 384 of 486 City of Fayetteville Contract Amendment 41 Mowing Services Contract — Resolution 94-22 f his contract arrrF-ndniCnt executed this _ clay of 2023, between the City of Fayetteville, Arkansas, and Titan Lawn & 1-andscape LLC. In consideration of the mutual covenants contained herein, the rwrtir.s al,ree as follows: 1. Titan_ Lawn _&_Landscape LLC at its own cost and expense shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to COMplete Items bid per Titan Lawn & Landscape LLC's quote and in accordance with specifications attached hereto and made a part hereof. 2. Hie City of Fayetteville shall pay Titan Lawn & Landscape LLC based on their bid proposal in an amount not to exceed that which was quoted. Payments will be made after approval and acceptance of work and submission of invoice. Payments will be made approximately 30 days after receipt of invoice. 3, The Contract documents which comprise the contract between the City of Fayetteville and Titan Lawn & Landscape LLC shall include this Amendment and the following documents attached hereto, and made a part hereof for the remainder of the contract: A, Additional Scope for Trash Removal — Received from Roy Lovell 3.5.2023 4. The parties agree and understand that this Amendment is supplemental to their Agreement of May 3, 2022, and that it does not alter, amend or abridge any of the rights, obligations, or duties of the parties not expressly addressed herein. WITNESS OUR HANDS THIS _. —DAY OF 2023. CONTRACTOR NAME By. - Sign u e PaL QG�ruEfL Printed Contractor Name Title X�ifkaw-p "_' �[J_ A EST Signa[ureJ �b-mG-A - MCI Comps y Secretary (Printed Nome) Date Signed: L� City of Fayetteville, AR Amendment #1: Resolution 94-22 Page 1 of 1 CITY OF FAYETTEVILLE, ARKANSAS By: _ LIONELD JORDAN, Mayor ATTEST: By: Kara Paxton, City Clerk -Treasurer Date Signed: Page 385 of 486 Trash Removal for City of Fayetteville Change order to existing Contract with Titan Lawn & Landscape, LLC, RFP 22-03 Additional Scope for Trash Removal • When City officials discover an illegal camp on City property or other property as directed by the City, if the camp is occupied, then the City contacts the police department who asks the individuals to remove their belongings and are given 48 hours to do so. After the notice has expired, or if the camp is already vacant, the City will contact the contractor to cleanup and remove the trash from the camp. • The City will meet the contractor on site and show the camp and any property lines or other considerations. • The contractor will supply labor, and any tools, bags, and equipment necessary to pick up and remove the trash from the abandoned camp. • Trash must be taken to the City of Fayetteville Transfer Station at 1560 Happy Hollow Rd., weighed on the scales and dumped according to transfer station procedures. The weigh ticket will be noted as a sanctioned City cleanup and the cost of disposal will be covered by the City. The Transfer station is open Monday -Friday 7:00 am to 2:00 pm and Saturday 7:00 am to 10:00 am. If the location or scheduled work time requires a roll -off dumpster, this will be coordinated with the City on a case -by -case basis. The fee for the roll -off will be covered by the City. • The contractor will not remove trash from any active camp, and if campers are present or show up after the City has requested the contractor to remove the camp, then the contractor will notify the City and/or the Police. Rates Trash Removal Services — Price per hour rate: $$67.50 per man hour Page 386 of 486 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division PARKS & RECREATION (520) Adjustment Number /Org2 2023 Requestor: Byron Humphry BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a contract amendment with Titan Lawn and Landscape, LLC in the amount of $150,000.00 to provide trash removal services, to remove trash and debris from illegal camp sites on City property, along the trail system and adjacent properties as needed and approval of a budget adjustment. COUNCIL DATE: 3/21/2023 ITEM ID#: 2023-545 Noll y Black 3/6'/2023 7:17 pNl Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 150,000 150,000 v.2023223 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.520.5260-5315.00 150,000 - 62301 1 EX Contract Services 1010.001.0001-4999.99 - 150,000 RE Use Fund Balance - Current 1 of 1 Page 387 of 486 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: CITY COUNCIL MEMO 2023-450 SUBJECT: RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST in WARD 2. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The request is to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. 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 properties are immediately southeast of the intersection of N. Gregg Avenue and W. Elm Street. The site is composed of two lots totaling 1.71 acres and is zoned RSF-4, Residential Single-family, 4 Units per Acre. No existing structures occupy the property, though there are overhead transmission lines along the south boundary. There is dense vegetation throughout the site but no zoning overlays or special regulations apply. 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 RI-U, Residential Intermediate -Urban. Public Comment: Staff has received public comment in favor and opposed to the rezoning. A letter of support states they are agreeable due to prior high -quality development that has been completed by the applicant. A letter opposing the rezoning states a preference for single-family development and identified issues with vehicular and bicycle safety. Staff also received a pair of phone calls opposing the rezoning identifying issues with tree removal and degradation of wildlife habitats, exacerbating dangerous traffic conditions, increased density, and that there is no assurance that affordable housing would be developed. Additional public comment in opposition to the request was heard at the February 13th Planning Commission meeting. Those who spoke said rezoning would cause or worsen issues with traffic, site access, increased density, and tree removal. Land Use Compatibility: Staff finds the request to rezone the subject properties to RI-12 and RI-U is compatible given the surrounding context. Properties in the near vicinity are primarily used for residential purposes with Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 388 of 486 some non-residential uses further afield to the north or separated by street and railroad right-of-way to the west. Two-family up to multi -family dwellings are present to the south along N. Gregg Avenue; to the north, west, and east properties are mostly developed with single-family homes. RSF-4 limits the use of the property to single-family dwellings and accessory uses. Rezoning broadens the permitted housing types, allowing everything from single- up to four -family dwellings by -right. RI-12 and RI-U prescribe the inclusion of a build -to - zone which requires that buildings address the public street where RSF-4 has a 15-foot front setback. Cluster housing developments are permitted by -right in RI-12 and RI-U zoning where they are a conditional use in RSF-4. The proposed rezoning would increase the permitted density at the site. RI-12 limits density to 12 units per acre and RI-U has an unlimited density. Of the overall lot area, 0.76 acres of the east and south sides of the property are proposed to be rezoned to RI- 12; 0.95 acres along the west side of the property is proposed to be rezoned to RI-U. Staff also finds that the bulk and area regulations are suitable and not out of context with the surrounding properties. The east and south extents are proposed to be rezoned to RI-12. In RI-12 zoning 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 7,260 square feet in area, and three-family dwellings and above require 90-foot lot widths and 10,890 square foot lots. RI-12 zoning merely requires an 18-foot lot width minimum for residential uses, meaning the higher density development pattern would be likeliest to occur along N. Gregg Avenue where there are other mixed density residential developments. The inclusion of a build -to - zone with the RI-12 and RI-U zoning districts 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 is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning to RI-12 and RI-U serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6 — Create Opportunities for Attainable Housing. First, the site scores moderately on the Infill Scoring Matrix. Rezoning would put added residential density on properties with ready access to basic development needs such as public streets, water, and sanitary sewer. The property is also proximate to multiple schools including a Woodland Junior High, The New School, and the Fayetteville Montessori School. Rezoning aligns with Goal #4 since additional residential density would be located near multiple transit routes, non-residential uses and employment centers like the VA Medical Center. Last, rezoning allows more diverse housing options than its current entitlements. A range of single- to four - family dwellings provides more opportunity for affordable options than a strictly single-family district. The request is consistent with the future land use map which designates the site as split between a Residential Neighborhood 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. City Neighborhood Areas encourage density in all housing types provide and provide a varying mix of nonresidential and residential uses. Staff finds the subject rezoning will help facilitate redevelopment of an infill site rather than contributing to suburban sprawl, create opportunities for diverse and attainable housing, and promotes residential development that is connected to non-residential services. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 7-9 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 & W. Elm Street) • Near Water Main (18" sewer main, N. Gregg Avenue & W. Elm Street) • Near Public School (Woodland Junior High) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 389 of 486 • Near City Park (Gregory Park) • Near ORT Bus Stop (Route 10) • Near Razorback Transit Stop (Route 26 Peak) • Near Paved Trail (Woodland Poplar Trail & Scull Creek Trail) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the February 13, 2023, Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Brink made the motion and Commissioner Canada seconded. Commissioners in favor of the rezoning found the request aligned with the surrounding context and the future land use map designation. Commissioner Garlock opposed the rezoning citing traffic and increased density among his concerns. Three members of the public spoke in opposition to the request during the meeting. Those who spoke asserted that rezoning would worsen traffic, especially without understanding how the site would be accessed. They also identified issues with increased density and tree removal. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Corrected SRF, Exhibit A, Exhibit B, Corrected PC Report Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 390 of 486 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-450 RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST in WARD 2. The properties are zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The request is to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-002 LOCATED SOUTHEAST OF NORTH GREGG AVENUE AND WEST ELM STREET IN WARD 2 FOR APPROXIMATELY 1.71 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND 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-12, Residential Intermediate, 12 Units Per Acre and 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. Page 1 Page 391 of 486 Received 03/01/2023 8:59 a.m. from Jonathan Curth, Development City of Fayetteville Staff Review Form Services Director 2023-443 Legistar File ID 3/7/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/17/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST in WARD 2. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The request is to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. 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 V20210527 Previous Ordinance or Resolution # Approval Date: Page 392 of 486 RZN-2023-0002 N. GREGG AVE AND W. ELM Close Up View ST I-1 W NS-G IX UJ W Q Q—PEAR-ST U I a W c-2 POP�gR cr _ Neighborhood Link Residential Link ■ ■ Planned Residential Link Trail (Proposed) Planning Area ` - - Fayetteville City Limits RSF-4 Subject Property ELM ST I J a z Proposed RI 0 C7 � CRMF-24W Proposed RI-12 Feet 0 75 150 300 1:2,400 RZN-2023-0002 EXHIBIT 'A" -- - - - - - - - - - - - - - - - - - - - - - - - - - - POPLAR ST W LU LU a W J W Q z W W NORTH 450 600 Zone Current Proposed RI-U 0.0 1.7 RSF-4 1.7 0.0 Total 1.7 ac Page 393 of 486 RZN-2023-0002 EXHIBIT "B" SURVEY DESCRIPTION GREGG AVENUE AND ELM STREET — PORTION PROPOSED FOR REZONING TO RI-U: A PART OF LOT NUMBERED FIFTEEN (15) AND A PART OF LOT NUMBERED SIXTEEN (16) IN GREEN ACRES, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, AS DESIGNATED UPON THE RECORDED PLAT OF SAID SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF ELM STREET WHICH IS S00°0211411W 3.30' FROM THE NORTHWEST CORNER OF SAID LOT FIFTEEN AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E 41.26', THENCE LEAVING SAID RIGHT-OF-WAY S00°08'08"E 114.50', THENCE N89°51'52"E 58.40', THENCE S00°02'13"W 214.72', THENCE N89°58'15"W 42.00', THENCE S00°02'14"W 70.00', THENCE N89°58'15"W 58.00', THENCE N00°02'18"E 211.16', THENCE N89°58'29"W 76.0070 THE EAST RIGHT-OF-WAY OF GREGG AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N10°29'26"E 190.84' TO THE SOUTH RIGHT-OF-WAY OF ELM STREET, THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E 41.38' TO THE POINT OF BEGINNING, CONTAINING 0.95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. SURVEY DESCRIPTION GREGG AVENUE AND ELM STREET — PORTION PROPOSED FOR REZONING TO RI-12: A PART OF LOT NUMBERED FIFTEEN (15) AND A PART OF LOT NUMBERED SIXTEEN (16) IN GREEN ACRES, A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, AS DESIGNATED UPON THE RECORDED PLAT OF SAID SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 15 AND RUNNING THENCE 500'02'14"W 3.30' TO THE SOUTH RIGHT-OF-WAY OF ELM STREET, THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E 41.26', THENCE LEAVING SAID RIGHT- OF-WAY S00°08'08"E 114.50', THENCE N89°51'52"E 58.40' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N89°51'52"E 11.60', THENCE N00-08'08"W 2.50', THENCE N89°51'52"E 71.54', THENCE S00-02'57"W 54.65' TO AN EXISTING REBAR, THENCE N89°41'50"W 18.12' TO AN EXISTING REBAR, THENCE S00°02'13"W 297.91' TO AN EXISTING REBAR, THENCE N89°58'15"W 165.00', THENCE N00°01'59"E 65.00', THENCE S89°58'15"E 58.00', THENCE N00°02'14"E 70.00', THENCE S89°58'15"E 42.00', THENCE N00°02'13"E 214.72' TO THE POINT OF BEGINNING, CONTAINING 0.76 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Page 394 of 486 Received 03/01/2023 8:59 a.m. from Jonathan Curth, Development CITY OF Services Director FAYETTEVILLE PLANNING COMMISSION MEMO %PF ARKANSAS TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: February 13, 2023 (Updated with Planning Commission Results) SUBJECT: RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The request is to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2023-0002 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0002 to City Council with a recommendation of approval." BACKGROUND: The subject properties are immediately southeast of the intersection of N. Gregg Avenue and W. Elm Street. The site is composed of two lots totaling 1.71 acres and is zoned RSF-4, Residential Single-family, 4 Units per Acre. No existing structures occupy the property, though there are overhead transmission lines along the south boundary. No zoning overlays or special regulations apply to the site. There is, however, dense mature tree canopy throughout the site. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential/Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Mixed -density Residential/Ridout Lumber Company RMF-24, Residential Multi -Family, 24 Units per Acre; I - 1, Heavy Commercial and Light Industrial 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 RI-U, Residential Intermediate - Urban. Public Comment: Staff has received public comment in favor and opposed to the rezoning. A letter Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Pag,?E8@5 df 46 of support states they are agreeable due to prior high -quality development that has been completed by the applicant. A letter opposing the rezoning stated a preference for single-family development and identified issues with vehicular and bicycle safety. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Gregg Avenue and W. Elm Street. N. Gregg Avenue is an improved Neighborhood Link Street with asphalt paving, sidewalk, and curb and gutter. W. Elm Street is a partially -improved Residential Link Street with asphalt paving and open ditches along the property's frontage. 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. Existing 8-inch water mains are present on the west side of N. Gregg Avenue and the north side of W. Elm Street. Sewer: Sanitary Sewer is available to the subject area. Existing 18-inch sanitary sewer mains are present in the center of N. Gregg Avenue and W. Elm Street. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 2, located at 708 N. Garland Avenue protects this site. The property is located approximately 1.6 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 six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a FEMA floodplain, there are no protected streams present in the subject area. Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils are present on the subject property. They are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It is important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Hydric soils are present throughout the entirety of the subject property. Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Pag,?W9 df 46 Tree Preservation: The proposed zoning districts of RI-12, Residential Intermediate, 12 Units per Acre and RI-U, Residential Intermediate - Urban require a 20% and 15% minimum canopy preservation, respectively. 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 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 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 7_9 for this site, with a weighted score of 11.5 at the highest level. 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 & W. Elm Street) • Near Water Main (18" sewer main, N. Gregg Avenue & W. Elm Street) • Near Public School (Woodland Junior High) • Near City Park (Gregory Park) • Near ORT Bus Stop (Route 10) • Near Razorback Transit Stop (Route 26 Peak) • Near Paved Trail (Woodland Poplar Trail & Scull Creek Trail) • 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. Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Pag,?E8@Pdf 46 Finding: Land Use Compatibility: Staff finds the request to rezone the subject properties to RI-12 and RI-U is compatible given the surrounding context. Properties in the near vicinity are primarily used for residential purposes with some non-residential uses further afield to the north or separated by street and railroad right-of-way to the west. Two-family up to multi -family dwellings are present to the south along N. Gregg Avenue; to the north, west, and east properties are mostly developed with single-family homes. RSF-4 limits the use of the property to single-family dwellings and accessory uses. Rezoning broadens the permitted housing types, allowing everything from single- up to four -family dwellings by -right. RI-12 and RI-U prescribe the inclusion of a build -to -zone which requires that buildings address the public street where RSF-4 has a 15-foot front setback. Cluster housing developments are permitted by -right in RI-12 and RI-U zoning where they are a conditional use in RSF-4. The proposed rezoning would increase the permitted density at the site. RI-12 limits density to 12 units per acre and RI- U has an unlimited density. Of the overall lot area, 0.76 acres of the east and south sides of the property are proposed to be rezoned to RI-12; 0.95 acres along the west side of the property is proposed to be rezoned to RI-U. Staff also finds that the bulk and area regulations are suitable and not out of context with the surrounding properties. The east and south extents are proposed to be rezoned to RI-12. In RI-12 zoning 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 7,260 square feet in area, and three-family dwellings and above require 90-foot lot widths and 10,890 square foot lots. RI-12 zoning merely requires an 18-foot lot width minimum for residential uses, meaning the higher density development pattern would be likeliest to occur along N. Gregg Avenue where there are other mixed density residential developments. The inclusion of a build -to -zone with the RI-12 and RI-U zoning districts 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 is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning to RI-12 and RI-U serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6 — Create Opportunities for Attainable Housing. First, the site scores moderately on the Infill Scoring Matrix. Rezoning would put added residential density on properties with ready access to basic development needs such as public streets, water, and sanitary sewer. The property is also proximate to multiple schools including a Woodland Junior High, The New School, and the Fayetteville Montessori School. Rezoning aligns with Goal #4 since additional residential density would be located near multiple transit routes, non-residential uses and employment centers like the VA Medical Center. Last, rezoning allows more diverse housing options than its current entitlements. A range of single- to four -family dwellings provides more opportunity for affordable options than a strictly single-family district. The request is consistent with the future land use map which designates the site as split between a Residential Neighborhood and City Neighborhood Area. Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) PaggaMB� 6t 46 Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. City Neighborhood Areas encourage density in all housing types provide and provide a varying mix of nonresidential and residential uses. Staff finds the subject rezoning will help facilitate redevelopment of an infill site rather than contributing to suburban sprawl, create opportunities for diverse and attainable housing, and promotes residential development that is connected to non-residential services. 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 and RI-U including diversifying the mix of residential uses along a Neighborhood Link Street and increasing density where it generally aligns 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-U carries an associated potential to increase traffic at this location. Staff finds added traffic generated from the site may complicate the existing traffic condition leading to increased congestion or danger. The site has direct access onto N. Gregg Avenue and W. Elm Street. N. Gregg Avenue is a Neighborhood Link Street with a designed service volume of less than 6,000 vehicles per day. Arkansas Department of Transportation estimates 16,000 vehicles per day traversed the road at a study point roughly 250 feet north of the subject property. The subject property appears to have adequate space to access N. Gregg Avenue and meet access management standards however, there were 12 vehicle crashes that occurred near the intersection of its unsignalized intersection with W. Elm Street between 2017-2021. W. Elm Street has a designed service volume of less than 4,000 vehicle trips per day but the segment north of the subject property does not have a study point. Two routes are available to access W. Elm Street. First, the property's frontage appears to be wide enough for a driveway to access the street directly from its frontage. Second, a stub out of alley right-of-way extends to the east side of the site from N. Dutton Place. Nearby access to the regional trail system and two transit routes offers some opportunity for future residents to use alternative modes. The Scull Creek Trail can be accessed within a half mile of the site though N. Gregg Avenue and a segment of the Arkansas -Missouri Railroad separate the site from the regional trail system. Transit stops for both Ozark Regional Transit and Razorback Transit are located within % mile of the site and do not require crossing major thoroughfares. Lastly, staff acknowledges that redevelopment of the site will require street improvements proportional to the development of the site which may incrementally improve pedestrian comfortability and connectivity to the wider non -motorized transportation network. 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 Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) PaggaS06#46 sewer facilities. Finding: Rezoning the property from RSF-4 to RI-U has the capacity to increase the population density at this location. Staff finds that limitations such as the property's size and other development obligations such as required parking, drainage, and tree preservation will prevent an increase in density beyond what is suitable for the site. Water and sewer are available at this location, negating the need to extend or improve services and the existing street system can support added density. The Fayetteville 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-2023-0002. PLANNING COMMISSION ACTION: Required YES Date: February 13, 2023 O Tabled N Forwarded O Denied Motion: Brink ISecond: Canada Recommending approval. Vote: 7-1-0 Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Page df 46 BUDGET/STAFF IMPACT: None 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 (12) Units Per Acre o §161.12 District RI-U, Residential Intermediate — Urban • Public Comment • Applicant Request Letter • Applicant Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Page,Mf df 46 161.07 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 February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Page,M2B®f46 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 February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Page,MS®f 46 161.11 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 1 2 stories/3 stories Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Padyd9f0V ®f 46 * 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) 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 February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Pady64019 df 46 161.12 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 February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Padyd9f0V df 46 (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 February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Padyd9f0tt8®f 46 Umberger, Ryan To: Planning Shared Subject: RE: RZN-2023-0002 (N. GREGG AVE AND W. ELM ST) From: Scott Hill [mailto:razorbackscott@gmail.com] Sent: Saturday, February 04, 2023 9:22 AM To: Planning Shared <planning@favetteville-ar.gov> Subject: RZN-2023-0002 (N. GREGG AVE AND W. ELM ST) 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. in I live about 3 blocks from this re -zoning. I support it. Community By Design usually plans wonderful development, so I don't hesitate to support them and whatever plans they have here for my neighborhood. I am a general contractor, although my company is not affiliated with this project in any way. Thank you. Scott Hill 61 E. Elm St Fayetteville Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Padyd9f0V ®f 46 Umberger, Ryan To: belIe_20042004@yahoo.com Subject: RE: Rezoning of area by Elm and Gregg From: belle 20042004@vahoo.com [mailto:belle 20042004@yahoo.com] Sent: Tuesday, February 07, 2023 8:54 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: Rezoning of area by Elm and Gregg 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. RZN-2023-0002 (N. GREGG AVE AND W. ELM ST) Hello Planning committee, I would like to say that putting apartments instead of keeping the area for single family homes goes against what the builder promised (if this is the same builder). But past that, it is hard enough trying to turn left onto Gregg from Elm street. I cannot image what more apartments will do for the safety of the area for vehicles and bicycles. Please do not let this area be rezoned. Best regards Sharon Brasko Baker Drive. Sent from Yahoo Mail for iPhone Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Pady640161f 46 community -by -design ♦I •.� � Emr.• .+ i ■ a.r r.= _` ."b. !MIMM_1:fISLIV TOWN PLANNING.URBAN ENGINEERVNG January 17, 2023 Via Email Ms. Jessica Masters Zoning and Development Administrator City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 RE: Gregg Avenue and Elm Street Rezone Request RZN 2023 0002 - Revisions Ms. Masters, Thank you for meeting with us on January 10. We have looked into it and have decided to revise a portion of our rezone request to RI-12. Please find the following revised documents which show the request to now include 0.95 acres of RI-U along the west side of the property and 0.76 acres of RI-12 along the east and south sides of the property: • One (1) copy of— Revised Survey Description of Property to be Rezoned Dated 1/17/23 • One (1) copy of— Revised Lot Split Tract C Exhibit Dated 1/17/23 • One (1) copy of— Submittal Letter Dated 1/17/23 Please let me know if you have any questions or if you need additional information in order to process this request. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 Fayettevi*a,,A�CaWQAon 4 7 9e1jr%@y6 7, R023 RZN-2023-0002 (LEGACY VENTURES LLC) Pa f(99F1V df R6 WRITTEN DESCRIPTION OF GREGG AVENUE AND ELM STREET RI-U REZONE REQUEST PER THE CITY OF FAYETTEVILLE REZONING APPLICATION a. Current ownership information and any proposed or pending property sales. The subject property is owned by Tim Brisiel and Legacy Ventures LLC. There are no proposed or pending property sales. b. Reason (need) for requesting the zoning change. The reason for the zoning change request is to better accommodate future development on the property to be more in accordance with the City Plan 2040 goals. Specifically goal #1, to make appropriate infill and revitalization our highest priority and goals #2 and #3 to discourage suburban sprawl and make compact, complete, and connected development the standard. Goals #4 and #6, to grow a livable transportation network and create opportunities for attainable housing will also be accommodated better if the rezoning change is granted. The zoning change will also create more opportunity to preserve natural features which could contribute to goal #5 of assembling and enduring green network. The RI-U District will better accommodate development on the property that is more in accordance with the City Neighborhood Area Future Land Use Designation on the west side of the property, while at the same time making possible a compatible transition to the Residential Neighborhood Area Designation on the east side of the property. The RI-U District is designed to provide a range of housing types compatible in scale with single-family homes and also to encourage a diversity of housing types to meet demand for walkable urban living. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The rules and regulations set forth in the RI-U District will make possible smaller -scaled development on the property that is compatible to existing multi -family development immediately adjacent to the property on the west side and that will also be compatible with single-family development that is currently occurring immediately east of the property. With direct access to Gregg Avenue and transit along the corridor, development of the property with the RI-U district will not negatively impact traffic. d. Availability of water and sewer (state size of lines). Public Water and Sewer is available and accessible along Gregg Avenue and Elm Street.18" sanitary sewer mains and 8" water mains exist on both Gregg Avenue and Elm Street. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Given the properties close proximity to services located along the Gregg Avenue Corridor, development of the property under the rules and regulations set forth in the RI-U District would be highly consistent with land use planning objectives, principles, and policies. The RI-U District will make possible development that is in strict accordance with City Neighborhood Areas while providing the flexibility needed to create an appropriate and compatible transition to the Residential Neighborhood Areas to the east. The property has an infill rating of 9 and 8. The higher infill rating coupled with close proximity to transit closely fits the RI- U districts intended purpose to provide a range of housing types compatible in scale with single-family homes. The rules and regulations set forth in the RI-U District also make possible a development form that will discourage suburban sprawl and make compact, complete, and connected development the standard. Those same rules and regulations will also make possible more preservation of land. f. Whether the proposed zoning is justified and/or needed at the time of the request. The proposed zoning is needed at this time in order to ensure that future development on the property is more in accordance with the principles of City Plan 2040. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. The proposed zoning will not create or appreciably increase traffic danger or congestion. The Gregg Avenue corridor can easily and safely accommodate any new traffic generated from development of the property. Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Padyd9F1V df 46 h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. With only 1.71 acres proposed for rezoning to the RI-U District, the proposed zoning will not alter the population density in a way that would significantly increase the load on public services. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The proposed zoning will encourage a development use and form that is more in accordance with City Plan 2040 and contribute to the environmental, economic, and social benefits that City Plan 2040 offers. Planning Commission February 13, 2023 RZN-2023-0002 (LEGACY VENTURES LLC) Padyd9F1V df 46 PROPERTY LINE ADJUSTMENT/ LOT SPLIT .1-A v [-; I I1I nlllnt_'LN'I' LAND URTIF:RA j TOTAL ACREAGE J I•"::':�1:I' I)RA1NWATRR. RAMAXIS IITRuII 1 :.: 2.07 ACRES +�-1727 Ex LAST .3 y 1 O PARCEL Ii65ACYW.p[p A _ Q ]ONED W4 10 1 f ` } • 31 . ffilx i. RFNEE /¢ ELM ETRFFT�"'--FCs.. 5L'A 6SRFFj� _,s _ PG. III%313F �"�"Rj�4 }'AYFFFFNIJE AR 71FRI 1 `1 - - T PF:eTESAu1a.06.': Y'ci ]:.' F'� URAYRL DRIVE nTMRTRDIY RSF'J Ar 7/ IIl I �{.g'{{/. �iI / /l!! /! I Yr�a.1a4aC. IC -~�ITJS• 3.S,P: 8- • s� ^.T"ELt]P � f kxWW 3]UWYti KYIF.BRJEHHIFIHiMRP 1,3N VANDMR AVE •FAVETTTVILLEARY3 FAEI. 6503a60 zuNED.RSIo .7T ! _ ',• [+ NL II I TRACT I . CFBERTv, mNHR s[kA I ? 1�I I. I P , _ I. R' ppeLAKs F,..". 0.18 ACRES + - TAY[TiF.VILLF: AR } r xousE PAYFTTTVFLLEN6)alUO 11 Al PHouu _ J zrx+}a: kSri zi 1949 YAMS Af W. Lk'HN r ! I � � I • I - S•• .. � F�Sxp[�iiItAR Tl](I] -9. vu fry � � i � PRRCT:1. aiy-ppW[-ppp LCNED. RSFA 1 i � _ _ d15TURAY. TICUHd UEVN! 1 _I IS'P.iO� awx7FL r%-]Av¢ 73- I PA E. RMFI5 S1A062 s fII 111 1 }�,�7 L.--sNmsl,1'w6 - cUNEnRMF-u O.IBACRES + - - 7)KRAAUPT, W� MADR A VIRUINIAR REVISED REZONING FAYETTEVfr.r.FARTI][13-3535 I w REQUEST EXHIBIT DATED I PARCEL T 6 a99R+D i i�r .f! p •f 7r„ 5. LGN-RMF-3. r 71 a I 1 17 21 SEE REVISED SURVEY DESCRIPTION aR)RAGOSE--LIM A VIkGINwx I ICI - Z-Brl = DATED 1 1/ 7/23. }ATLTIF.VII.I.F. 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ELM Future Land Use ST o - w to ' w Non Municipal •• Go ernment ,• • ■ ■ ■'to ■ ■ ■ ■ ■ ■ ■ ■ ■ Subject Property • I ' w o ' w y ' PEAR-ST J a z O D 0 City Neighborhood Residential Neighborhood ELM-ST 0 w Y a m ORTH COLT -SQUARE DR Q to w w I SOUP ---------- ' '- POPLAR=ST------------ ----------------- _ w—POPLAR-ST - - - - j 0 WF a ITX Uw U O >; m O� MILLER-ST Q —MILLER-ST Z Civic Institutional LU a o a w 00 J —ASH-ST —ASH � � 'ST—a- _J Z Z OOco w a Neighborhood Link City Neighborhood Unclassified Civic Institutional Civic and Private Open Space Residential Link Industrial ■ ■ Planned Residential Link Feet Natural _1 Planning Area Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood �- - -� Fayetteville City Limits Rural Residential - - - Trail (Proposed) 1:4,800 Urban Center Planning Commis RZN-2023-0002 (LEGACY VENTURES LLC) Padyd9F1*df 46 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Missy Cole, Human Resources Director DATE: SUBJECT: Fayetteville Fire Department Incentive Plan CITY COUNCIL MEMO 2023-503 RECOMMENDATION: Staff recommend City Council approve the Fire Department Incentive Plan and a budget adjustment. BACKGROUND: The City of Fayetteville conducts a biennial survey of Fire and Police Pay and Benefits using the methodology set forth in 2017 by the City Council Ad Hoc Pay Plan Committee. The methodology defined survey data sources (Bentonville, Rogers, Springdale, Jonesboro and Lawrence, KS); survey frequency (odd years) and benefits (retirement, medical/dental, time off in excess of statutory requirements, certification pay, and longevity pay).The biennial Fire and Police Pay and Benefits survey was completed in 2023 by JER HR Group. DISCUSSION: The 2023 final report on the benefits surveyed identified areas for improvement for Fire Department Incentive and Assignment Pay to remain competitive in the job market in the areas of Longevity Pay, Education Pay and Certification/Assignment Pay. • Longevity Pay — four of the five data sources offer longevity pay • Education Pay — three of the five data sources offer education pay • Education Pay and Certification/Assignment Pay — four of the five data sources offer Certification/Assignment Pay Fayetteville Fire Department does not currently offer these types of incentives. The proposed incentive plan is attached. Chief Hardin's memo outlines the value-added service of each of the certifications for the Fayetteville Fire Department and the community. Offering these incentives will allow market competitiveness for the fire department, help with the retention of staff in the specialized assignments, encourage pursuit of higher education within the department and provide the community with well -trained and certified personnel in the areas of Aircraft Rescue & Firefighting (ARFF), Haz-mat/Weapons of Mass Destruction/Urban Search and Rescue, Emergency Response Team, Field Training Officers and Peer -to -Peer Wellness/Fitness Trainers as well as provide incentive for bi-lingual certification to better communicate with Fayetteville's diverse population. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 418 of 486 BUDGET/STAFF IMPACT: $404,000.00 from the General Fund ATTACHMENTS: 2023-503 SRF Fire Incentive Pay, 2023-503 BA FIRE INCENTIVE PAY, 2023 Fayetteville Fire Department Incentive Plan, Memo from Fire Chief Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 419 of 486 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-503 Fayetteville Fire Department Incentive Plan A RESOLUTION TO APPROVE THE FIRE DEPARTMENT INCENTIVE PLAN, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the 2023 Fire and Police Pay and Benefits Study completed by JER HR Group was approved by the City Council on March 7, 2023; and WHEREAS, the study identified areas for improvement for the Fire Department to remain competitive in the job market with respect to incentive pay for longevity, education, and certification/assignment; and WHEREAS, offering these incentives will allow market competitiveness for the Fire Department, help with the retention of staff in specialized assignments, encourage pursuit of higher education within the department, provide the community with well -trained and certified personnel in the areas of Aircraft Rescue & Firefighting, Haz-mat/Weapons of Mass Destruction/Urban Search and Rescue, Emergency Response Team, Field Training Officers and Peer -to -Peer Wellness/Fitness Trainers, as well as provide incentive for bi-lingual certification to better communicate with Fayetteville's diverse population. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the Fire Department Incentive Plan, a copy of which is attached to this Resolution. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 420 of 486 Missy Cole Submitted By City of Fayetteville Staff Review Form 2023-503 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2023 HUMAN RESOURCES (120) Submitted Date Division / Department Action Recommendation: Staff recommend City Council approve the Fire Department Incentive Plan and a budget adjustment. 1010.300.xxxx-51xx.xx Account Number Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 1010 - General Fund Project Title $ 14,122,784.00 $ 2,050,884.40 12,071,899.60 $ 404,000.00 I � 12,475,899.60 Previous Ordinance or Resolution # Approval Date: V20221130 Page 421 of 486 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number BUDGET &INFORMATION MGMT (133) /Org2 2023 Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: $404,000 is being requested from the General Fund Use of Fund Balance account to fund a new Uniformed Fire Incentive Pay program. The cost of the program is broken out into the following: Longevity Pay: $171,300, Education Pay: $68,800, and Specialized Teams Pay: $163,900. COUNCIL DATE: 3/21/2023 ITEM ID#: 2023-503 Kevin Springer 2/26'/2023 7:25 PNI Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 404,000 404,000 v.2023223 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.300.3020-5102.26 125,400 - EX Uniformed Salaries - Longevity Pay 1010.300.3020-5103.10 8,300 - EX Uniformed Overtime - Uniformed 1010.300.3020-5109.05 37,600 - EX Pension - LOPFI Fire 1010.300.3020-5102.27 49,900 - EX Uniformed Salaries - Education Pay 1010.300.3020-5103.10 3,800 - EX Uniformed Overtime - Uniformed 1010.300.3020-5109.05 15,100 - EX Pension - LOPFI Fire 1010.300.3020-5102.28 122,400 - EX Uniformed Salaries - Specialized Pay 1010.300.3020-5103.10 5,400 - EX Uniformed Overtime - Uniformed 1010.300.3020-5109.05 36,100 - EX Pension - LOPFI Fire 1010.001.0001-4999.99 - 404,000 RE Use Fund Balance - Current 1 of 1 Page 422 of 486 2023 Fayetteville Fire Department Incentive Plan Longevity Pay Annual Length of Service Amount 05-09 yrs 700 10+ yrs 1,400 15+ yrs 2,100 20+ yrs 2,800 25+ yrs 3,500 Education Pay Analysis: Degree Type Associates Bachelors Masters Per Payperiod 25 100 150 Certification / Assignment Pay: Incentive Type Hazmat Tech Hazmat Team Leader ARFF Certified ARFF Team Leader ERT Team Peer to Peer Team FTO Bilingual of hourly pay 2% 4% 2% 4% 2% 2% 2% 2% Page 423 of 486 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: February 27, 2023 SUBJECT: Fayetteville Fire Department Incentive Plan CITY COUNCIL MEMO BACKGROUND: The Firefighters Association brought pay incentives to my attention after the conclusion of the 2021 pay study. I asked that they wait until the next pay study cycle, and we would work to add the incentives. In early 2022 we worked on the narrowing down the various incentives offered by the other fire departments. The incentives that were most sought after were Longevity and Education. Secondly, we wanted to compensate those individuals who took on more responsibility. The following is a summary of each responsibility: Aircraft Rescue Firefighting (ARFF): The Fayetteville Fire Department is required by the FAA to guarantee that a minimum of two ARFF personnel are on duty at all times and available to respond to the airport. This staffing level is required in order to maintain our airport's CFR139 Index A certification level. Each of the ARFF personnel must be certified by the FAA and maintain a level of training that is outside of their normal firefighter job requirements. The FAA performs an annual audit of our staffing, training certificates, and an onsite inspection to test their skills and abilities. Due to the certifications and additional training, one person on the 30 member team will be tasked with organizing training and certificates to ensure compliance. Hazmat, Weapons of Mass Destruction (WMD), and Urban Search and Rescue (USAR): As part of regional and county agreements, we are tasked with staffing the Hazmat/WMD/USAR apparatus with personnel certified to respond to hazardous materials and urban search and rescue incidents. The City of Fayetteville was chosen to host the Hazmat/WMD team by the Department of Homeland Security due to the City of Fayetteville having the highest SEAR (Special Events Assessment Rating) score in the region. The Hazmat/WMD team responds to the 13 counties in northern Arkansas. The USAR team is staffed jointly throughout the region and responds to the northwestern half of the state. These personnel are required to maintain extra training and certifications in line with requirements set forth by the Arkansas Department of Emergency Management and DHS. This training is outside of their normal firefighter job requirements. Due to the certifications and additional training, two people on the 40 member team will be tasked with organizing training and certificates to ensure compliance. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 424 of 486 Peer to Peer Wellness/Fitness Trainers: With additional focus on mental and physical health, we have a group who have received extra training in recognizing and referring personnel who are experiencing instances of difficulty. These personnel are often available while off -duty. Additionally, our fitness trainers have been certified by outside agencies to recommend fitness programs and perform fitness assessments. All of these members are functioning above their normal training. Emergency Response Team (ERT): Four members of our department train and deploy with the police department's Emergency Response Team. They are required to maintain the same training levels as the police officers and also be trained to Advanced EMT in order to render care to a member of the team who may become injured at an incident. Field Training Officers: One member of each shift (3 total) is tasked with organizing day-to-day shift training outside of the scheduled training. This often includes overseeing training for reserve drivers and ensuring new personnel are able to perform to standards. The field training officers spend an immense amount of time training our new personnel during the academy and during their first year. Page 425 o?486 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: CITY COUNCIL MEMO 2023-500 SUBJECT: RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF-40, RESIDENTIAL MULTI -FAMILY — 40 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 350 feet north of the intersection of W. North Avenue and N. Gregg Avenue. The site covers roughly the southern half of a single lot of record totaling approximately 2.24 acres. The property is zoned RMF-24, Residential Multi -Family, 24 Units per Acre and currently the site of Central Baptist Church, a single-family dwelling, and associated outbuildings. Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RMF-40, Residential Multi -Family, 40 Units per Acre. Public Comment: Staff received public comment in support of the request. The commenter stated they were in favor of additional density along the Gregg Avenue corridor. Land Use Compatibility: Staff finds the request to be compatible with the surrounding mix of uses. The surrounding area includes two multi -family developments, a church, and single-family dwellings across N. Gregg Avenue to the east. The permitted and conditional uses are identical between RMF-40 and RMF-24. Staff also finds that the bulk and area regulations are suitable and not out of context with surrounding properties. Single- and two-family lot widths and areas are required to be slightly larger in RMF-24 than in RMF-40 but otherwise the two districts are very similar. Setbacks and maximum building heights are identical. Given that the site adjoins other multi -family developments and zoning entitlements, staff finds the scale of what would be allowed is contextually appropriate. Single-family dwellings are prevalent in the area, but they are separated from the site by the intervening public street. Based on a simple calculation of the acreage of the Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 426 of 486 site, and notwithstanding requirements for drainage, tree preservation, and parking, the increased density would allow for 89 total units across the site where the current zoning would allow 53 units to be developed. Staff finds the increased density is suitable due to the site's proximity to schools, work, jobs, and a multi -modal transportation network. Further the increased density is unlikely to have a noticeably different impact to the immediately surrounding multi -family developments. 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 RMF-24 to RMF-40 serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill and 4 — Growing a Livable Transportation Network. The site scores high on the Infill Scoring Matrix indicating that the site, as its currently developed, is not meeting its highest and best use. The proposed rezoning would locate additional residential density near groceries, two city parks, and between two significant employers: the veteran's hospital to the northeast and the University of Arkansas main campus less than a half -mile to the south, as well as the nearby transit route and trail. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 10 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 University of Arkansas Main Campus • Near Ozark Regional Transit Stop (Route 10, N. College Avenue) • Near Razorback Bus Stop (Route 26 Peak, N. Leverett Avenue) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the February 27, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Brink made the motion and Commissioner Garlock seconded. Commissioners discussed whether rezoning to CS, Community Services would be a more compatible request. Members discussed differences in setbacks, building area, and density limitations between RMF-40 and CS. After the applicant confirmed that the prospective buyers of the property intended to rezone to RMF-40, the motion was made to forward the item as requested. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 427 of 486 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-500 RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF-40, RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2.24 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40, RESIDENTIAL MULTI -FAMILY, 40 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 RMF-24, Residential Multi -Family, 24 Units Per Acre to RMF-40, Residential Multi -Family, 40 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. Page 1 Page 428 of 486 City of Fayetteville Staff Review Form 2023-500 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/3/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY —TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF-40, RESIDENTIAL MULTI-FAMILY-40 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 Page 429 of 486 RZN-2023-0003 Close Up View K� 1275 N. GREGG AVE �2 F— BECK DR—e`er 1 C9 QW i I -I C-I ` I C W y M O •• Z O \ NORTH ` IPZD CS J J O 2 Neighborhood Link Regional Link - High Activity Unclassified Residential Link Feet Hillside -Hilltop Overlay District Planning Area 0 75 150 300 r _ � Fayetteville City Limits .2,400 450 .01 EXHIBIT 'A' RSF-4 HOL• LY ST PATRICIA- L• N ,J& NORTH Zone Current Proposed RMF-24 2.2 0.0 RMF-40 0.0 2.2 Total 2.2 ac Page 430 of 486 RZN-2023-0003 EXHIBIT'B' BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS TRACT 1 As -Surveyed Description A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A SET MAG NAIL FOR THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE ALONG THE EAST LINE OF SAID FORTY ACRE TRACT N02043'21 "E 350.00', THENCE LEAVING SAID EAST LINE N87001'36"W 60.51' TO A SET 1/2" REBAR ON THE WEST RIGHT-OF-WAY LINE OF NORTH GREGG AVENUE, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE N87°01'36"W 310.85' TO A SET 1/2" REBAR; THENCE ALONG A CURVE TO THE RIGHT, WITH AN ARC LENGTH OF 325.88', HAVING A RADIUS OF 3269.75', WITH A CHORD BEARING AND DISTANCE OF N13012'29"E 325.75' TO A SET 1/2" CAPPED REBAR; THENCE S87001'36"E 271.30' TO A SET 1/2" REBAR ON THE WEST RIGHT-OF-WAY LINE OF NORTH GREGG AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING COURSES: S01°50'19"W 301.06' TO A SET 1/2" REBAR; THENCE N87035'39"W 24.48' TO A SET 1/2" REBAR; THENCE S02024'21 "W 19.32' TO THE POINT OF BEGINNING, CONTAINING 2.242 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 Page 431 of 486 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: February 27, 2023 (Updated with Planning Commission Results) SUBJECT: RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF- 40, RESIDENTAIL MULTI -FAMILY — 40 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2023-0003 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0003 to City Council with a recommendation of approval." BACKGROUND: The subject property is located roughly 350 feet north of the intersection of W. North Avenue and N. Gregg Avenue. The site covers roughly the southern half of a single lot of record totaling approximately 2.24 acres. The property is zoned RMF-24, Residential Multi -Family, 24 Units per Acre and currently the site of Central Baptist Church, a single-family dwelling, and associated outbuildings. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Central Baptist Church RMF-24, Residential Multi -Family, 24 Units per Acre South Multi -family Residential RMF-40, Residential Multi -Family, 40 Units per Acre East Single -Family Residential/Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre West Multi -family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RMF-40, Residential Multi -Family, 40 Units per Acre. Public Comment: Staff received public comment in support of the request. The commenter stated they were in favor of additional density along the Gregg Avenue corridor. Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLA;9W 432 of 486 Page 1 of 15 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 0.9 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 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: There are no protected streams present in the subject area, no portion of the site lies within a FEMA floodplain, it is not within the Hillside -Hilltop Overlay District, 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 RMF-40, Residential Multi -Family, 40 Units per Acre requires 20% minimum canopy preservation. The current zoning district of RMF-24, Residential Multi -Family, 24 Units per Acre requires 20% 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 City Neighborhood Area. 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. Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLA;9K 433 of 486 Page 2 of 15 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9-10 for this site, with a weighted score of 13. 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 University of Arkansas Main Campus • Near Ozark Regional Transit Stop (Route 10, N. College Avenue) • Near Razorback Bus Stop (Route 26 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 two multi -family developments, a church, and single-family dwellings across N. Gregg Avenue to the east. The permitted and conditional uses are identical between RMF-40 and RMF-24. Staff also finds that the bulk and area regulations are suitable and not out of context with surrounding properties. Single- and two- family lot widths and areas are required to be slightly larger in RMF-24 than in RMF-40 but otherwise the two districts are very similar. Setbacks and maximum building heights are identical. Given that the site adjoins other multi -family developments and zoning entitlements, staff finds the scale of what would be allowed is contextually appropriate. Single-family dwellings are prevalent in the area, but they are separated from the site by the intervening public street. Based on a simple calculation of the acreage of the site, and notwithstanding requirements for drainage, tree preservation, and parking, the increased density would allow for 89 total units across the site where the current zoning would allow 53 units to be developed. Staff finds the increased density is suitable due to the site's proximity to schools, work, jobs, and a multi -modal transportation network. Further the increased density is unlikely to have a noticeably different impact to the immediately surrounding multi -family developments. 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 and 4 — Growing a Livable Transportation Network. The site scores high on the Infill Scoring Matrix indicating that the site, as its currently developed, is not meeting its highest and best use. The proposed rezoning would locate additional residential density near groceries, two city parks, and between two significant employers: the veteran's hospital to the northeast and the University of Arkansas main Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHL94K 434 of 486 Page 3 of 15 campus less than a half -mile to the south, as well as the nearby transit route and trail. 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 RMF-40. The request aligns with the future land use map and would increase density at a site proximate to many non-residential services. Further staff finds the existing transportation network can appropriately handle additional density since it is located along a Neighborhood Link Street with many options for alternative modes of transportation. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RMF-40 will potentially increase traffic at this location, though the increase is not anticipated to be beyond what is appropriate. The site has adequate space between driveways to the north and south for an access point to be compliant with curb cut separation standards. Conversely, Neighborhood Link Streets have a designed service capacity of 6,000 vehicles per day or fewer. The Arkansas Department of Transportation recorded an average annual daily traffic count of 9,400 vehicles at a point just south of the site. Two accidents have been recorded along the property's frontage between 2017 and 2021 with the intersection of N. Gregg Avenue and W. North Street, roughly 350 feet to the south, witnessing much more frequent collisions. 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. 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 RMF-40 would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant. The site has ready access to basic development standards including city water, sewer, and improved street frontage. Neither Fayetteville Public Schools or Fayetteville Police offered comment regarding the 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; Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLga_W 435 Of 486 Page 4 of 15 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-2023-0003. PLANNING COMMISSION ACTION: Required YES Date: February 27, 2023 O Tabled n Forwarded O Denied Motion: Brink ISecond: Garlock Recommending approval. Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre o §161.16 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHu94K 436 of 486 Paqe 5 of 15 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -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 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home ark 50 feet Single-family 35 feet Two-family 35 feet Three or more 1 70 feet Professional offices 1 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two 2 family 4,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLA;9K 437 of 486 Page 6 of 15 (3) Land Area Per Dwelling Unit. Manufactured Home 1 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses 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/5 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, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) 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(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; 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. 5495, 4-17-12; Ord. No. 5592, 6-18-13; 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, §§5, 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) 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 February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHIA;9K 438 of 486 Page 7 of 15 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -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 CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Fort 40 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home ark 50 feet Single-family 30 feet Two 2 family 30 feet Three or more 1 70 feet Professional offices 1 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two 2 family 3,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 1 acre Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLA;9K 439 of 486 Page 8 of 15 (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses 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/5 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, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) 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(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; 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, 6-18-13; 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 , §§5, 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) 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 February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLA;9K 440 of 486 Page 9 of 15 Q Bi,► a� Associates, P.A. Civil Engineers Professional Land Surveyors January 10, 2023 To Whom It May Concern, Rezone 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 Our Client, Pathway Baptist Church, is requesting to rezone the southern tract resulting from a Tract Split, for which Fayetteville Planning has issued a conditional letter of approval. The Rezoning request will be to change from RMF-24 to RMF-40. The southern tract in question is approximately 2.256 acres in size, and currently has multiple existing structures and asphalt parking. The owner's intent is to have this 2.256- acre tract rezoned to RMF-40, then complete the Tract Split. Following these approvals, the newly rezoned RMF-40 property will be sold, and the buyers will initiate the demolition and development permitting processes toward a multifamily development. Fayetteville's General Reference GIS map shows this location, and adjacent properties to the north and the south as "City Neighborhood" under the Future Land Use (2040) layer. Although the City's zoning map shows this property as RMF-24, and the southern adjacent property as RMF-40, this Future Land Use map does not make this differentiation. If you have any additional questions or comments, feel free to contact our office. Sincerely, Nikki Littrell Senior Project Coordinator Blew & Associates, P.A. Planning Commission February 27 2023 RZN-2023-0003 (PATHWAY BAPTIST CHI9* 441 of 486 Page 10 of 15 Umberger, Ryan From: Planning Shared Sent: Friday, February 24, 2023 8:17 AM To: Umberger, Ryan Subject: FW: RZN-2023-003 support FYI Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube ? CITY OF W9% FAYETTEVILLE ARKANSAS From: Scott Hill <razorbackscott@gmail.com> Sent: Friday, February 24, 2023 12:41 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-003 support 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, I live on Elm Street about a mile northeast of the proposed rezone for Pathway Baptist Church to RMF-40. I support more density along the Gregg Avenue corridor in this location. Thank you. i Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLA;9W 442 of 486 Page 11 of 15 February 27 2023 RZN-2023-0003 (PATHWAY BAPTIST CHI9* 443 of 486 Page 12 of 15 RZN-2023-0003 Close Up View K� 1275 N. GREGG AVE �2�,lI.— WBECK DR—e`er 1 Q i I -I C-I ` I C W y M O •• Z O \ NORTH U 1 ` IPZD CS Neighborhood Link Regional Link - High Activity Unclassified Residential Link Hillside -Hilltop Overlay District r _ Planning Area Fayetteville City Limits J J O 2 Feet 0 75 150 300 1:2,400 RSF-4 HOL• LY ST PATRICIA- L• N w a' O w o: NORTH Zone Current Proposed RMF-24 2.2 0.0 RMF-40 0.0 2.2 450 600 Total 2.2 ac February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHUG;9K 444 of 486 Page 13 of 15 February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHIR;9K 445 of 486 Page 14 of 15 RZN-2023-0003 1275 N. GREGG AVE _ N 0 RT H Future Land Use �. SPRUCE�ST RTHA DR W fn O WI O W -L•AWSON-ST TROUT -DR \ _ <v �e ;' � o -RAINBOWO 4C m ,' L-AWSON-ST BREEZE CV , O N! =ICE DR w BECK•DR z ` ` City O Residential Neighborhood W W >I Neighborhood Subject Property z HOLLY-ST— W HOLLY'ST CAPITOL Q DR � ; � Q w W W Q W W z J Q �� co PATRICIA�LN--Z } J W ` O W o ' Z O W p z = fn 5 Non -Municipal Government NORTH ,ST J C� • <<in -HUGHES ST- . O Q I ADAMS-ST— W I . z ul BERRY-ST— � Cn W 0 • O HAWTHORN-ST—a R 'ST- JN Neighborhood Link City Neighborhood Regional Link -High Activity Civic Institutional Civic and Private Open Space Unclassified Industrial Alley Feet Natural Residential Link Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood r _ _� Planning Area Rural Residential Fayetteville City Limits 1:4,800 Urban Center February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHLA;9K 446 of 486 Paoe 15 of 15 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner DATE: CITY COUNCIL MEMO 2023-502 SUBJECT: RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres. The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75 acres and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in east Fayetteville, roughly 700 feet west of the intersection of N Crossover Rd. and N Old Wire Rd. The property's zoning is currently split between RSF-4, Residential Single -Family, Four (4) Units per Acre on the western half and R-A, Residential Agriculture on the eastern half. Except for a one single family house, the three parcels (cumulatively 14.7 acres) are undeveloped. The entire property is covered with extensive tree canopy. The eastern half is part of the streamside protection zone / floodplain & floodway of Niokaska Creek and is largely designated as part of the Enduring Green Network. Request: The request is to shift the alignment of the existing R-A, Residential Agriculture zoning district to follow the boundary of the 100-year flood line, and to rezone the remainder of the property to NC, Neighborhood Conservation. Public Comment: Five (5) members of the public offered comments in opposition of the item via email. Among their concerns were the potential increase in traffic, environmental concerns, negative impact on home values and neighborhood character, and lacking existing infrastructure including schools. One (1) member of the public emailed in support of the project. Additional members of the public spoke in person at the meeting, a summary of which is included below. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Residential uses and densities located near the subject property vary substantially. Neighboring properties are of a variety of sizes but generally follow a cul-de-sac development pattern. The existing and proposed zoning districts have Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 447 of 486 similar allowable uses, but the NC includes urban form setbacks rather than traditional setbacks. When compared to RSF-4, rezoning to NC will decrease the lot area minimum for single and two-family uses from 8,000 and 12,000 square feet respectively to 4,000 sf. In addition, NC would have a build -to zone of 25 feet rather than a front setback of 15 feet, and a rear setback of 5 feet rather than 15 feet. NC requires a 40-foot lot width minimum while RSF-4 requires a 70-foot lot width minimum for single-family dwellings and an 80-foot lot width minimum for two-family dwellings. Conversely, both NC and RSF-4 include up to a three-story height limit. Since the subject property contains roughly 8.14 acres of RSF-4, a maximum of thirty-two (32) units are permitted under current entitlements, where the proposed rezoning to 9.54 acres of NC would increase the density cap to ninety-five (95) units. That said, any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RSF-4 to NC serves to contribute towards City Plan 2040 Goal #1— Appropriate Infill; #4— Growing a Livable Transportation Network, #5— We Will Assemble an Enduring Green Network, and #6— Create Opportunities for Attainable Housing. The site scores moderately on the Infill Scoring Matrix due to water/sewer access, public parks and trails, and the proximity of fire station #5. The RSF-4 and NC have similar allowed uses. However, because of the flexible zoning regulations associated with the NC district, rezoning may allow for redevelopment or added density while maintaining more tree canopy and natural areas than would be possible under the more Euclidean RSF-4 zoning district. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 5 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N Old Wire Rd.) • Near Sewer Main (8" sewer main, N Old Wire Rd.) • Near Water Main (6" water main, N Old Wire Rd.) • Near City Park (Gulley Park) • Near Paved Trail (Niokaska Creek Trail) DISCUSSION: At the February 27, 2023 Planning Commission meeting, a vote of 5-2-1 forwarded the request to City Council with a recommendation of approval. Commissioner Brink made the motion and Commissioner McGetrick seconded. Commissioner Holcomb recused himself for this item. Commissioners in favor of the rezoning found the intent of Neighborhood Conservation to be compatible with RSF-4, allowing for more flexible, walkable development. They also noted that although the property is not directly located in an urban growth center on the 2040 plan's growth concept map (designated on a scale of 1-3 depending on intensity), it is between a tier 2 and a tier 3 center on a high -activity corridor. Per the plan, the tier centers identify key growth nodes and major areas that should be conserved for natural resources and open space (City Plan 2040, pg. 12). The commissioners voting in favor of the rezoning also cited the logical re -alignment of the R-A zoning with the floodplain. Commissioners Garlock and Madden voted no citing a low infill score, limited possibility for connectivity to surrounding properties, and the property not falling within the bounds of the tier 2 center, and misalignment with the future land use map and master street plan regional link. Seven (7) members of the public spoke during the meeting. Discussion from the public focused primarily on compatibility with the existing neighborhood, drainage and flooding, density, increased traffic, environmental impact, insufficient schools, and the public hearing process. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 448 of 486 BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 449 of 486 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-502 RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and R- A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres. The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75 acres and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-004 LOCATED AT 2910 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY 14.70 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURE TO R-A, RESIDENTIAL AGRICULTURE AND NC, NEIGHBORHOOD CONSERVATION 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 and R-A, Residential Agriculture to R-A, Residential Agriculture and NC, Neighborhood Conservation. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Page 450 of 486 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-502 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/27/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd in WARD 3 . The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres. The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75 acres and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20221130 Previous Ordinance or Resolution # Approval Date: Page 451 of 486 RZN-2023-0004 2910 N OLD WIRE RD Close Up View "Olp R� 00) —STRAWBE ' Greek - ya eGtia< � . - �m j NORTH Zone Current Proposed Regional Link Neighborhood Link NC 0.0 9.5 P-1 0.0 0.0 Residential Link R-A 6.8 5.7 Feet RSF-4 7.5 0.0 Trail (Proposed) r ' Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1 :2,400 Total 15.2 ac Page 452 of 486 RZN-2023-0004 EXHIBIT "B" PROPOSED NC: A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST, A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH BEING IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND RUNNING 502°14'17"W 97.12 FEET TO THE TRUE POINT OF BEGINNING, SAI❑ POINT ALSO BEING LOCATED ON THE SOUTHERN RIGHT OF WAY OF NORTH OLD WIRE ROAD, AND RUNNING THENCE S42°15'49"W 429.56 FEET; THENCE S87°52'31"E 123.32 FEET; THENCE S08°33'31"W 53.99 FEET; THENCE SOS°31'45"W 57.41 FEET; THENCE S24°32'37"W 24.30 FEET, THENCE S24°54'10"W 53.06 FEET; THENCE S32°19'52"W 81.60 FEET; THENCE S22°31'13"W 31.24 FEET; THENCE S30°56'30"W 55.84 FEET; THENCE S67°02'26"W 19.68 FEET; THENCE S46°06'51"W 27.99 FEET; THENCE S33'54'04"W 31.67 FEET; THENCE S24°14'51"W 66.12 FEET; THENCE S50'36'17"W 30.08 FEET; THENCE S22°18'47"W 24.79 FEET; THENCE S08°12'04"W 45.76 FEET; THENCE S26°45'39"W 32.36 FEET; THENCE S51°35'25"W 9.85 FEET; THENCE S51°35'41"W 8.83 FEET; THENCE S24°30'55"W 20.93 FEET; THENCE S03°58'37"W 40.38 FEET; THENCE S19°01'59"W 20.25 FEET; THENCE S14°09'59"W 60.86 FEET; THENCE S09°28'53"W 18.99 FEET; THENCE S35°51'49"W 15.43 FEET, THENCE S50°39'06"W 4.53 FEET; THENCE N35°50'03"W 327.54 FEET; THENCE N35°16'57"W 400.46 FEETTO THE SOUTHERN RIGHT OF WAY OF NORTH OLD WIRE ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 5 COURSES: ALONG A CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 2397.52 FEET, AND WHOSE LONG CHORD BEARS N40°57'49"E 147.18 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 3286.14 FEET, AND WHOSE LONG CHORD BEARS N41°51'51"E 218.96 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1347.97 FEET, AND WHOSE LONG CHORD BEARS N48-18'14"E 205.46 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1689.10 FEET, AND WHOSE LONG CHORD BEARS N55°03'18"E 261.36 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 573.12 FEET, AND WHOSE LONG CHORD BEARS N61-16'48"E 42.19 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 9.785 ACRES, MORE OR LESS. PROPOSED R-A: A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST, A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH BEING IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND RUNNING 502°14'17"W 97.12 FEET; 502°15'49"W 429.56 FEET; and S87°52'31"E 123.32 FEET TO THE TRUE POINT OF BEGINNING, and running THENCE S87°52'31"E 409.20 FEET TO THE WESTERN RIGHT OF WAY OF NORTH CROSSOVER ROAD, AND RUNNING ALONG SAI❑ RIGHT OF WAY THE FOLLOWING 3 COURSES: S30°12'22"W 234.20 FEET; 525°57'22"W 107.26 FEET; S21°46'26"W 105.67 FEET; THENCE LEAVING SAI❑ RIGHT OF WAY 558'02'23"W 336.11 FEET; THENCE N84°10'57"W 40.00 FEET; THENCE S22°05'53"W 306.47 FEET; THENCE N35°50'03"W 160.87 FEET; THENCE N50°39'06"E 4.53 FEET; THENCE N35°51'49"E 15.43 FEET; THENCE N09°28'53"E 18.99 FEET; THENCE N14°D9'59"E 60.86 FEET; THENCE N19*01'59"E 20.25 FEET; THENCE ND3'58'37"E 40.38 FEET; THENCE N24°30'55"E 20.93 FEET; THENCE N51°35'41"E 8.83 FEET; THENCE N51°35'25"E 9.85 FEET; THENCE N26°45'39"E 32.36 FEET; THENCE N08°12'04"E 45.76 FEET; THENCE N22°18'47"E 24.79 FEET; THENCE N50°36'17"E 30.08 FEET; THENCE N24'14'51"E 66.12 FEET; THENCE N33°54'04"E 31.67 FEET; THENCE N46°06'51"E 27.99 FEET; THENCE N67'02'26"E 19.68 FEET; THENCE N30°56'30"E 55.84 FEET; THENCE N22°31'13"E 31.24 FEET; THENCE N32°19'52"E 81.60 FEET; THENCE N24'54'10"E 53.06 FEET; THENCE N24°32'37"E 24.30 FEET; THENCE N05'31'45"E 57.41 FEET; THENCE N08°33'31"E 53.99 FEETTO THE POINT OF BEGINNING, CONTAINING IN ALL 5.497 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. Page 453 of 486 CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: February 27, 2023 (Updated with results from Planning Commission) SUBJECT: RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURAL, contains approximately 14.70 acres. The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURAL on 5.75 acres and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres. RECOMMENDATION: Staff recommends forwarding RZN-2023-0004 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0004 to City Council with a recommendation of approval." BACKGROUND: The subject property is in east Fayetteville, roughly 700 feet west of the intersection of N. Crossover Rd. and N. Old Wire Rd. The property's zoning is currently split roughly half between RSF-4, Residential Single -Family, Four (4) Units per Acre on the western half and R-A, Residential Agricultural over the eastern half. Except for a single -single family house, the three parcels (cumulatively 14.7 acres) are undeveloped. The entire property is covered extensively with tree canopy and the eastern half is part of the streamside protection zone / floodplain & floodway of Niokaska Creek. Most of the land currently zoned R-A is designated as part of the Enduring Green Network. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Streamside / Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre / R-A, Residential Agricultural East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Planning Commission February 27, 2023 RZN-2023-0004 (VAN SCR(IW 454 of 486 Page 1 of 20 Request: The request is to shift the alignment of the existing R-A, Residential Agricultural zoning district to follow the boundary of the 100-year flood line, and to rezone the remainder of the property to NC, Neighborhood Conservation. Public Comment: Two members of the public offered comment in opposition of the item. Among their concerns was the potential increase in traffic, environmental concerns, negative impact to home values and neighborhood character, and lacking existing infrastructure including schools. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Old Wire Rd., a partially improved Neighborhood Link street with asphalt paving, and open ditches. The subject area also has frontage along N. Sumac Dr., a fully improved residential link street with asphalt paving, sidewalk, gutter and curb. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. Existing 8-inch water main is present on the south side of N. Old Wire Rd. Existing 6-inch water main is present on the north side of N. Sumac Dr. Sewer: Sanitary Sewer is available to the Subject area. Existing 6-inch sewer main is present on the North side of N. Old Wire Rd. Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is located approximately 0.5 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District. A portion of the property is designated as having hydric soils, a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. A portion of the property lies within a FEMA floodplain. A floodplain development Planning Commission February 27, 2023 RZN-2023-0004 (VAN S69W 455 of 486 Page 2 of 20 review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. A portion of the property lies within a streamside protection zone. Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Tree Preservation: The proposed zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. The zoning district of RA, Residential Agricultural, intended to be re -aligned but not removed, requires 25% minimum canopy preservation. The current zoning district of RSF-4, Residential Single - Family, Four Units Per Acre requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a Residential Neighborhood and Natural 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 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. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score of 6 at the highest. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N Old Wire Rd.) • Near Sewer Main (8" sewer main, N Old Wire Rd.) • Near Water Main (6" water main, N Old Wire Rd.) Planning Commission February 27, 2023 RZN-2023-0004 (VAN S69W 456 of 486 Page 3 of 20 • Near City Park (Gulley Park) • Near Paved Trail (Niokaska Creek Trail) 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 context. Residential uses and densities located near the subject property vary substantially. Neighboring properties are of a variety of sizes but generally follow a cul-de-sac development pattern. The existing and proposed zoning districts have similar allowable uses, the NC includes urban form setbacks rather than traditional setbacks. When compared to RSF-4, rezoning to NC will decrease the buildable area of the lot for single and two-family uses from 8,000 and 12,000 square feet respectively to 4,000 square feet. In addition, NC would have a build -to zone of 25 feet rather than a front setback of 15 feet, and a rear setback of 12 feet rather than 15 feet. Since the subject property contains roughly 8.14 acres of RSF-4, a maximum of thirty-two (32) units are permitted under current entitlements, where the proposed rezoning to 9.54 acres of NC would increaser the density cap to ninety-five (95) units. That said, any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. NC requires a 40-foot lot width minimum while RSF-4 requires a 70-foot lot width minimum for single-family dwellings and 80-ft lot width minimum for two-family dwellings. Conversely, both NC and RSF-4 include up to a three-story height limit. Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RSF-4 to NC serves to contribute towards City Plan 2040 Goals #1 — Appropriate Infill, Growing a Livable Transportation Network, #5 - We Will Assemble an Enduring Green Network, and #6 — Create Opportunities for Attainable Housing. The site scores moderately on the Infill Scoring Matrix due to water/sewer access, public parks and trails, and the proximity of fire station #5. The RSF-4 and NC have similar allowed uses; however because of the form -based zoning regulations associated with the NC district, rezoning may allow for redevelopment or added density while maintaining more tree canopy and natural areas than would be possible under the RSF-4 zoning district. The Future Land Use Map designates the site as split between Residential Neighborhood Area, which supports "a wide variety of housing types of appropriate scale and context including single-family, duplexes, rowhouses, multifamily and accessory dwelling units," and Natural Area, which "promotes conservation of open space and areas of significant riparian benefit." Staff is supportive of realigning the R-A zoning district to the 100- year flood boundary, as the change would more accurately reflect the intent of the future land use plan to preserve the riparian area adjacent to Niokaska Creek. Further, adding density as designated by the "Residential Neighborhood" designation is likely best facilitated by the regulations in NC Planning Commission February 27, 2023 RZN-2023-0004 (VAN SCR(IW 457 of 486 Page 4 of 20 zoning and is justified given the property's proximity to commercial and non- residential uses in north Fayetteville. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezoning to NC is justified. Rezoning may be less restrictive in allowing the property to develop under proportional regulations. Because rezoning will better support infill redevelopment on the property, staff finds the proposed zoning to be consistent with the City's future land use goals and therefore needed at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning to NC has an associated potential to increase traffic at this location. NC permits development at 10 units per acre where it is currently limited to 4 units per acre. Staff finds potential to increase the number of residential units above what is currently allowed by right; subject to constraints such as steep slopes, tree preservation requirements, and other design requirements. Staff finds the increase in density is unlikely to result in increased traffic danger or congestion. The subject property has access to N. Old Wire Rd., an improved Neighborhood Link. Future development would be required to meet the City's applicable access management and parking standards. 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 NC may increase the load on public services, but the impact is not expected to be detrimental. The size of the property and access to existing water and sewer infrastructure means future development will likely avoid the need for costly extensions to services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0004 to City Council with a recommendation of approval. Planning Commission February 27, 2023 RZN-2023-0004 (VAN SCR(IW 458 of 486 Paqe 5 of 20 PLANNING COMMISSION ACTION: Required YES Date: February 27, 2023 O Tabled O Forwarded O Denied Forwarded with a recommendation of approval Motion: Brink Seven (7) Public comment in person, Six (6) Digital comments Second: McGetrick jVOte: 5-2-1 (Garlock & Madden voted No, Holcomb Recused) BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 District R-A, Residential Agricultural o §161.07 District RSF-4, Residential Single -Family, Four Units per Acre o §161.29 District NC, Neighborhood Conservation • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission February 27, 2023 RZN-2023-0004 (VAN S69W 459 of 486 Page 6 of 20 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half '/2 (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) Planning Commission February 27, 2023 RZN-2023-0004 (VAN S69W 460 of 486 Page 7 of 20 story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6- 08; Ord. No. 5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-2 1) 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." 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low -density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Planning Commission February 27, 2023 RZN-2023-0004 (VAN S69W 461 of 486 Page 8 of 20 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 81000 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. Building Height Maximum 13 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 , §§l(Exh. C), 2, 4-20-21) 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." 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 Planning Commission February 27, 2023 RZN-2023-0004 (VAN S69W 462 of 486 Page 9 of 20 (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 140 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 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 13 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; 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, §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) 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 February 27, 2023 RZN-2023-0004 (VAN S69W 463 Of 486 Page 10 of 20 $4 JORGENSEN +ASSOCIATES vCivil Engineering Surveying February 3, 2023 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: Rezoning at 2910 N Old Wire Road Dear City Staff; 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www orgerserassoc con, Established 1985 On Behalf of the Owner and their representatives, we are submitting a rezoning request for property located along 2910 N Old Wire, Fayetteville, AR 72703. A. The current owner of this site is as follows: Nola VanScyoc Revocable Trust (Parcel Numbers 765- 16047-000, 765-13287-000. 765-16043-000. B. Currently this property is zoned RSF-4 and R-A. C. This property is surrounded by RSF-4 on the north and west, a portion of P-1 to the south and north, and section of R-O to the east. D. Existing adequate water and sewer are already at this site. E. We feel the requested rezoning is in line with the goals of the City Plan 2040 where the future land use calls for a portion of Residential Neighborhood and Natural. Statement of Compatibility: This request to rezone a portion of the RSF-4 to Neighborhood Conservation and adjust the R-A zoning line to match the 100-year floodplain is compatible with neighboring property and will not unreasonably adversely affect or conflict with surrounding land uses. Within reasonable proximity, rezoning of the property south of Butterfield Elementary to NC, sets a precedence for similar development patterns that serve to promote and protect neighborhood character. The zoning line has been adjusted to follow the 100-year flood plain and this zoning line makes more sense than the current zoning line and will ensure that the floodplain would be of minimal impact. Given the proximity to the Fire Station, Crossover (Regional Link), and the Niokaska Trail, we feel that this rezoning is supported in a multitude of ways and will not adversely impact vehicular patterns. Planning Commission February 27, 2023 RZN-2023-0004 (VAN S69W 464 of 486 Page 16 of 20 PUBLIC COMMENT: JULIE C KEYS Wonsower, Donna From: Julie C Keys <jckeys611 @gmail.com> Sent: Saturday, February 25, 2023 9:39 PM To: Wonsower, Donna Subject: Old Wire Rezoning 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. Dear City Planner Wonsower: This concern addresses the rezoning of 2910 North Old Wire Road. I firmly believe that it is not in the best interest of its neighbors, commuters, or city of Fayetteville. First, I wish to address this issue on a personal note. In 2006, my husband and I began our search for a home in Fayetteville to raise our one year old and immediately fell in love with the property on Raintree Drive in the Boxwood subdivision. At the time, I worried that our proximity to the fire station was too close, potentially a noise nuisance, but I talked myself into that being a plus to the property. It was the green space behind our house that sold us! For the last 17 years, listening to the sounds and enjoying the sights of the wooded area have brought such peace. I also want to address this issue as a citizen of Fayetteville. The projected area on Old Wire Road currently has only two lanes, leading to numerous neighborhoods and to commercial areas. There is no sidewalk, and traffic is often backed up at the intersection of Old Wire Road and Crossover Road. Additional dwellings will impact an already congested area of town. Many times when I try to leave my street, I face lines of traffic or speeding cars. From a traffic perspective, adding more dwellings to the area will negatively impact the area. Most importantly though, I want to address the potential environmental concerns. One of the reasons I chose this area was the city's commitment to conserve green space and protect its natural beauty. Just four houses down from my house, homeowners are required to have flood insurance. Considering the city's recent restoration to Niokaska Creek, an area of the Illinois River Watershed, I worry about upsetting the landscape further. I am not a landscape engineer, but I do know that destroying the current tree canopy can lead to erosion. In addition, urban development influences drainage and contaminates water. These concerns do not seem to be in line with the City of Fayetteville's vision. Thank you for your service to our fine city, and I ask that additional consideration be given to the proposed area. Below you will find images of the proposed rezoning from my home, as well as data from the Fayetteville City Plan 2040. In appreciation, Julie Keys 2792 North Raintree Drive ickevs611 ra-)amail.com 479-957-1780 Page 465 of 486 0 0 0 8.3 Tree Canopy A healthy urban tree canopy can address the three major weather events that are anticipated to affect Northwest Arkansas: unpredictable but more impactful rain events, drought, and heat waves. Even before broad acknowledgement of climate change, Fayetteville and its residents placed a high value on the City's tree canopy, particularly with the formation of the Tree and Landscape Advisory Committee in 1993 and the subsequent adoption of a Tree Preservation ordinance regulating tree removal associated with development. 8.4 Slopes and Hillsides Slope is a critical factor in determining a soil's suitability for supporting development. The development of severe slopes involving soils not capable of provided sufficient foundational support may result in extensive cutting and filling to stabilize them. When compounded by the removal of existing vegetation, the excavation and fill of soil can result in severe erosion, slumping and shearing. In Fayetteville, areas of severe slope are characterized by soils less suitable for development. Shallow depth to bedrock conditions are compound problems in these areas. There are several identified beds of cherty limestone, acid sandstone, siltstone and shale that have shown faulting and folding at steeper locations. Of the 58,037 acres of land within the City and its Planning Area, approximately 16%, or 8,900 acres have slopes of 15 percent or greater. With some notable exceptions such as Mount Sequoyah, these slopes have previously remained largely undeveloped. More recent trends indicate that development on hillsides and hilltops is increasing. The passage of the Hillside/Hilltop Development Overlay District in 2006 provided additional development protections on slopes that are 15 percent and greater and the flatter, bench -like hilltops. 8.5 Watershed System However, urban development can, and has, altered many of these natural drainage systems which can create drainage, storage and flooding hazards during heavy or extended duration storm events. 8.6 Flooding In general Chapter 168, flood damage prevention, of the Unified Development Code (UDC) and 44 Code of Federal Regulations (44CFR) are utilized in conjunction with the latest Flood Insurance Rate Maps (FIRM) to determine which properties may be at risk and in need of additional regulation to limit flood losses. These regulations extend to the area defined as "Special Flood Hazard Areas" located on the Flood Insurance Rate Maps. Flooding also brings challenges associated with water quality. Rising flood waters can be contaminated by, among other things, oil and grease, household chemicals, fuels, sanitary sewer overflows, and soils/ sediment. One major contributor of soil/ sediment and the associated nutrients such as phosphorus is stream bank erosion. As flood waters rise, the velocity of the water increases and can damage stream banks causing both pollution issues and property loss. All of these items can damage the natural ecosystem and potentially harm drinking water sources. Beaver Lake is the drinking water source for all of Northwest Arkansas and approximately 40% of Fayetteville currently drains into this watershed. The remainder drains into the Illinois River Watershed which also has its challenges with regard to pollutants. Page 466 of 486 PUBLIC COMMENT: ROB KEYS Wonsower, Donna From: Rob Keys <2123keys@gmail.com> Sent: Sunday, February 26, 2023 6:22 PM To: Umberger, Ryan; Wonsower, Donna; Hopkins, Mirinda; Planning Shared Subject: development off Old Wire Road 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. Ryan/Donna/Miranda/others- Thank you, first of all, for serving Fayetteville. Being an official in the public eye is not easy these days and I appreciate your willingness to do so. I'm contacting you re: Mitch Weigel's proposal to develop land between the Boxwood subdivision and the fire station at Old Wire/265. I'm sure you've heard from some of my Boxwood neighbors, as this is an emotional issue for some, if not many. Having lived directly adjacent to the property being considered for more than 16 years, however, I have long expected development behind my home. I understand the need for residential infill in Fayetteville. That doesn't mean I like it, but I understand. What I'm asking is for extremely careful consideration of this proposal. Rezoning that allows 10 units per acre - or anything close to that - is simply irresponsible. I don't believe that aligns w Fayetteville's 'Vision 2050' and I think there are other legitimate concerns, including drainage, loss of trees/green space/natural habitat and traffic. Traffic is already an issue in this area - a major issue for those of us who live here. Additionally, the sheer density of 10 units per acre - or anything close to that - is a drastic deviation from what currently exists in our neighborhood. It's simply not right and I am 100-percent convinced that if you or Mitch Weigel or any reasonable person lived where my family lives, you would feel the same way. Thank you for your time and service. Please do what is right. Rob Keys 2792 N. Raintree Drive (479) 957-4635 Page 467 of 486 PUBLIC COMMENT: TIFFANY MEEKS From: To: CityClerk Planning Shared; Sparkman, Sarah; Johnson. Matthew; Canada. Ouintin; Brink. Andrew; Garlock. Jimm; Holcomb, Joseph; Madden, Marv; McGetrick, Marv; Winston, Porter; Berna, Scott; Bolinger, Bonnie; Pennington, Blake; Brown, Chris; Bunch, Sarah; CityClerk; Curth, Jonathan; Harvey, Sonia; Hertzberg. Holly; Batker, Jodi; Jones, D"Andre; Rogers, Kristin; Williams, Kit; Jordan, Lioneld; Mathis, Jeana; Moore, Sarah; Paxton, Kara; Mulford, Patti; Ramirez. Jonathan; Rea. Christine; Norton, Susan; Spohn. Courtney; Thurber, Lisa; Turk, Teresa; Wiederkehr, Mike Cc: tiftim gmail.com; CityClerk Subject: FW: Old wire/boxwood project Date: Wednesday, February 22, 2023 8:36:08 AM Attachments: image001.pnng Good morning everyone, Please see the e-mail below from Ms. Tiffany Meeks as a follow up to the previously shared message. Thank you and have a nice day, Jonathan Office of the City Clerk Treasurer City of Fayetteville, Arkansas 113 West Mountain St, Suite 308 Fayetteville, AR 72701 T 479.575.8323 cityclerk&fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube City of Fayetteville Logo-01 u From: Tiffany Timmons <tiftim@gmail.com> Sent: Wednesday, February 22, 2023 6:14 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Re: Old wire/boxwood project 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. Hi Sarah, Thank you for your response. It does seem very counterproductive that the city council and the school board don't have more of a connection. I am very frustrated with the school district, my 3 children will all attend McNair which is over crowded and building more homes in an already full district without any plans to build a new school seems ridiculous. I attended FPS and had a lovely experience. I'm not sure my kids will enjoy the same if they are forced to attend schools out of their district due to over crowding. Does the city have any input on schools or district lines? If not I think that should be looked at more closely. How can a city function properly without enough schools to support its growing population? Im not a city planner or school district expert but I would think both need to be on the same page as our city moves forward, knowing there will only be more growth and more children that need to Page 468 of 486 attend schools. I would never be able to get to work on time if my kids were redistributed to a school on the west side. The school bus commissioner has said there's no possible way for them to bus kids from the east side to the west side with the shortage of drivers and the amount of kids needing bus services. This is a big concern for my family. When I see more houses going up it just makes me a bit angry knowing it's my kids education that's going to suffer not the city. Thank you! Tiffany (Timmons) Meeks Sent from my iPhone On Feb 21, 2023, at 8:24 AM, CityClerk<cityclerk(@fa)letteville-ar.gov> wrote: Good morning everyone, Please see the e-mail below from Ms. Tiffany Meeks. Thank you and have a nice day, Jonathan Office of the City Clerk Treasurer City of Fayetteville, Arkansas 113 West Mountain St, Suite 308 Fayetteville, AR 72701 T 479.575.8323 cityclerk(aMayettevi I le-ar.gov Website I Facebook I Twitter I Instagram I YouTube ®❑ From: Bunch, Sarah<Sarah.bunch Wayetteville-ar.gov> Sent: Monday, February 20, 2023 11:19 AM To: CityClerk<cityclerkl@fayetteville-ar.gov> Cc: Tiffany Timmons <tiftim(@gmail.com> Subject: Fwd: Old wire/boxwood project Can the Clerk's office please share this email with planning staff, the members of the planning commission, and the city council? Thank you very much. Sarah Sent from my iPad Begin forwarded message: Page 469 of 486 From: Tiffany Timmons <tiftim(@gmail.com> Date: February 13, 2023 at 2:09:07 PM CST To: "Bunch, Sarah" <sarah.bunch(@fayetteville-ar.gov> Subject: Old wire/boxwood project 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. Hi! I am sending you this email to speak out in opposition to the proposed development near old wire and boxwood. I live off old wire and my kids attend FPS. We need more roads and schools in this area before any more residence come into the mix. We desperately need another middle school on the east side, as well as more side walks and a wider old wire to accommodate traffic. The traffic in this area during commute times is too busy for more dwellings. More schools and roads please, not more houses and people. Thank you. Tiffany Meeks 479-530-1428 Page 470 of 486 PUBLIC COMMENT: ROB QUALLS City of Fayetteville, Arkansas 113 West Mountain St, Suite 308 Fayetteville, AR 72701 T 479.575.8323 cityclerk(abfayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube GMT or PAT■TT■VILLE ARKANSAN From: Rob Qualls <robbieq@gmail.com> Sent: Monday, February 27, 2023 12:53 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: RZN-2023-0004 Support 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. Please forward to the Planning Commissioners, Ward 3 Councilmembers, and any planning staff that should get it. Good Afternoon, I am writing in support of RZN-2023-0004. Some of those opposed to this development are citing morning traffic on Old wire road as a reason to deny this request. I also live in the area and have had to wait a minute or two to turn left. In my opinion, most of that traffic is coming from outside of, or at the very edge of Fayetteville. Restricting housing IN Fayetteville, is not going to help that issue. The best thing we can do for traffic is to build more housing, closer to schools, businesses, or amenities. Please approve this rezone, so we can take some pressure off of the housing market, and perhaps keep more people from driving in from Goshen and Elkins because Fayetteville's housing inventory is low. Thanks,. Rob Qualls 2140 E Jonquil Rd, Fayetteville, AR 72703 Page 471 of 486 PUBLIC COMMENT: ALEXIS STEVENS & NICK MOTE Wonsower, Donna From: Alexis Stevens <aestevens3@yahoo.com> Sent: Monday, February 27, 2023 7:12 PM To: Planning Shared; Hopkins, Mirinda; Wonsower, Donna; Umberger, Ryan; Bunch, Sarah; Berna, Scott Cc: Nick Mote Subject: Re: Rezoning of 2910 N Old Wire Road, Fayetteville, AR - Nick Mote and Alexis Stevens Statement in Opposition 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. Good evening —as a follow up to my below email and supplement to the attached Statement in Opposition, attached please find traffic data from the Arkansas Department of Transportation for N Old Wire Road which includes an average daily traffic estimate of 8,300 vehicles for the most recent year studied, 2021. Please note that many of the intersecting streets on the segment of N Old Wire Road between the Old Missouri Road and Crossover intersections adjoin N Old Wire Road at steep inclines and with numerous blind spots. This portion of N Old Wire Road additionally includes several curves further decreasing visibility. Thank you, Alexis Stevens and Nick Mote Page 472 of 486 6:59 PEPARTMENT RTATION ir I Traffic Station 2 roaal Page 473 of 486 6:59 Volume Count 8300 Station ID: Station: Count Type: Count Category: Most Recent ADT: Most Recent A DT Year: ARDOT District: County: Page 474 of 486 Sent from my iPhone > On Feb 27, 2023, at 6:28 PM, Alexis Stevens <aestevens3@yahoo.com> wrote: > Good evening —attached pleased find a Statement in Opposition of the proposed rezoning of the property located at 2910 N Old Wire Rd, Fayetteville, AR 72703, submitted on behalf of Nick Mote and Alexis Stevens, to be presented to the City Planning Commission during its February 27, 2023, meeting related to the same. > Please let me know if you have any questions or require further information. > Thank you, > Alexis Stevens > <In re Rezoning of the Property Located at 2910 N Old Wire Road, Fayetteville, AR - Written Statement in Opposition Submitted by Nick Mote and Alexis Stevens.pdf> > Sent from my iPhone Page 475 of 486 PUBLIC COMMENT: MARY ANNE KNULL From: Mary Anne Kull To: Wonsower. Donna Cc: Umberger, Ryan; Hopkins, Mirinda Subject: Re: Project Information (RZN-2023-0004) Date: Sunday, February 26, 2023 2:09:25 PM Attachments: imaae002.Dna image001.jpo Concerns for RZN-2023-0004.Ddf 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. To Whom it May Concern, I am attaching a letter about my concerns for the rezoning of 2910 N Old Wire Rd: R7-N- 2023-0004 Thank you so much for your consideration, Mary Anne Kull On Wed, Feb 8, 2023 at 11:00 AM Wonsower, Donna <dwonsowernfayetteville-ar.gov> wrote: Mary, This project is scheduled for the February 27 Planning Commission meeting. The packets being posted on the website tomorrow are for the meeting held on February 13, and the packets for the February 27 meeting will be posted in a few weeks. Our apologies for any confusion. Regarding the required mailing, we received a certificate stating that the letters were sent out yesterday (2/7) in advance of the fifteen day requirement so keep an eye on your mailbox. Short of hiring a traffic engineer, factually showing how any development will affect future traffic is difficult; however there are multiple online resources that you could utilize to present facts regarding the current traffic around your neighborhood such as traffic counts from ARDoT, records of vehicle crashes and their severity from the police, any news articles that discuss significant delays specific to your neighborhood and its immediate surroundings, or primary sources like this. My recommendation would be to stay away from opinions like "traffic is terrible here," and instead make statements such as "In the past three weeks, it has taken me an average of twenty minutes to leave my neighborhood every morning because of the amount of traffic on N Old Wire Rd," and to bring data to back up any sources you cite in your research. You are also welcome to email staff with any documents ahead of the meeting and to call with questions. Page 476 of 486 Best Regards, Donna Wonsower Planner, Development Services City of Fayetteville, Arkansas Office: 479.575.8358 ebsite I Facebook I Twitter I Instagram I YouTube 0 From: Mary Anne Kull [m it • ] Sent: Wednesday, February 08, 2023 8:48 AM To: Hopkins, Mirinda <mhopkins o.fayetteville-ar.gov> Subject: Project Information 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. Good morning! Thank you so much for providing this information. What do I need to do to prove that this change will factually affect vehicular patterns adversely for patrons of my neighborhood? I am so thankful for this information. We have not received the required mailing for this zoning request. Do you know if it has been sent out as the application requires? Thank you! Page 477 of 486 Mary Anne On Wednesday, February 8, 2023, Hopkins, Mirinda <mhopkins&fayetteville-ar.gov> wrote: Mary Anne, I have attached the submitted request letter. Planning reports will be posted to our website tomorrow afternoon. Let me know is you need anything else. htips://fayettevillear.portal.civicclerk.com/ Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube ®❑ From: Mary Anne Kull [mailto:makull1017( gm� ail.com] Sent: Tuesday, February 07, 2023 11:01 PM To: Planning Shared <planninggfayetteville-ar.gov>; Hopkins, Mirinda <mhopkins &fayetteville-ar. gov> Subject: Project Information 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. Good Day, Page 478 of 486 I am inquiring about the project information for Plan Number: RZN-2023-0004 The posted written notification form indicates that project information is available for public view from the City of Fayetteville Planning Division, but I have not been able to locate it on the submitted application or the planning divisions portion of the website. I would appreciate your help with this information. I am highly concerned about this area being rezoned as NC NEIGHBORHOOD CONSERVATION. Traffic on Old Wire is already highly congested. I am hardly able to make a left hand turn in the mornings to take my children to Butterfield Elementary School. I cannot imagine how that will be amplified with the potential of 10 residential units per acre being permitted in this area. The vocabulary "neighborhood conservation" is very misleading in this instance as currently this area is completely wooded. I am concerned that there is a deliberate deception by choosing this as the zoning to prevent neighbors from being concerned. This will allow signification change to my current neighborhood and will negatively affect the character and home values in the immediate area. I believe that the current zoning of RSF-4 is appropriate to maintain true neighborhood conservation for this area. I look forward to seeing more detailed plans. Sincerely, Mary Anne Kull Page 479 of 486 2840 N Raintree Drive Fayetteville, AR 72703 February 26, 2023 To Whom It May Concern: I am writing to express my deep concern about the proposed rezoning of 2910 N Old Wire Rd from RSF-4 to NC. As a resident of this area, I believe that this rezoning will have a significant negative impact on our community and our environment. One of my main concerns is the increase in traffic that this development will bring to our area. The roads around 2910 N Old Wire Rd are narrow and already congested. Adding more cars to this area will only exacerbate the problem. This will make it more difficult and dangerous for residents to travel to and from their homes, and could even lead to accidents and other safety concerns. I took the below picture from my street corner of Raintree Dr. and N Old Wire Rd. at 4:28PM Tuesday, February 21. Notice that cars are backed up all the way from Crossover to Raintree. What will the addition of more dense housing and businesses (as allowed under the NC zoning), with potentially hundreds of cars added do to the traffic? What about the Fire Station? With the addition of traffic in this area does it cause concern for life saving minutes being lost as the fire truck and emergency responders will be required to navigate through the additional commuters? Page 480 of 486 2910 N Old Wire contains hydric soil and due to the slope of the land, anything that is developed at this property will have runoff into the hydric soil areas pictured below. What will happen to the ecosystem surrounding the Niokaska Trail with the addition of hazardous runoff from the proposed significantly denser development? Natural Features Habira_of interest J St —bank Erosion Rlsk Extreme Hlgh Moderate � Low Minor Unrenkea H,—, P-- I believe that this rezoning does not align with the City of Fayetteville's "Vision 2050" plan. This plan emphasizes sustainable development and responsible use of natural resources, and I believe that this development will only contribute to the environmental degradation of our area. As a mom of 3 children, our oldest child attends Fayetteville public schools with our middle child to join her next year in kindergarten. I am currently following Fayetteville's dilemma with having enough room in McNair Middle school for the children in our neighborhood. Currently, the board does not have a solution. The proposal to bring in the addition of potentially many families and many more children is simply not supported by the current school zone structure. Furthermore, I have some serious questions about the statement of compatibility submitted by Jorgensen & Associates. The statement of compatibility states, "This request to rezone a portion of the RSF-4 to Neighborhood Conservation and adjust the R-A zoning line to match the 100-year floodplain is compatible with neighboring property and will not unreasonably adversely affect or conflict with surrounding land uses." Has Jorgensen and Associates provided a study by a professional to support this claim? What will they do and be liable for in the instance that it does in fact "unreasonably adversely affect or conflict" with the surrounding land uses? The statement of compatibility continues to state, "Within reasonable proximity, rezoning of the property south of Butterfield Elementary to NC, sets a precedence for similar development patterns that serve to promote and protect neighborhood character." This is untrue. The area next to Butterfield Elementary was just recently rezoned as NC. Outside of that one area, this entire area is zoned as RSF-4. This rezoning will drastically change the feel of driving up Old Wire from Crossover. Currently, it is a wooded residential area. The zoning of RSF-4 is what "sets a precedence for similar development patterns that serve to promote and protect neighborhood character." Please see this image to show the zoning for the surrounding areas as evidence: Page 481 of 486 e Fintl atltlress or place er;a.Q : r.,,.. Zoning lilt St � Zoning FOconlane st RESIDENTIAL SINGLE-FAMILY O e RA RSF.S n RSF' RSF 2 y NC Io RSF�4 RSF 1 RSF.B RSF-18 oaMciiN St NS_G RPZD RESIDENTIAL MULTI -FAMILY RSF-4 RI-12 - Rosemont 5[ RI-U RMF-6 , r RMF-12 RMF-18 RMF-26 RI-12 o a RMF-0o _ a a pP1' a INDUSTRIAL _ nale (lr �rr a_ II rvrrzalrtl gnu 6110N The compatibility statement continues to state, "The zoning line has been adjusted to follow the 100-year flood plain and this zoning line makes more sense than the current zoning line and will ensure that the floodplain would be of minimal impact." Where is the study that has been conducted by a professional to attest that this statement is true? After multiple conversations with environmentalists, I have been advised that due to the increase in impervious surfaces in a wooded area with soil that it will absolutely have a major impact on flooding in an area near already established flood zone hazards. The compatibility statement also says, "Given the proximity to the Fire Station, Crossover (Regional Link), and the Niokaska Trail, we feel that this rezoning is supported in a multitude of ways and will not adversely impact vehicular patterns." Has Jorgensen and Associates contracted a traffic engineer to verify that this statement is true? Based on my personal experience living next to the property in question, there is already substantial traffic during commuter times on Old Wire. In conclusion, I urge you to reconsider the proposed rezoning of 2910 N Old Wire Rd from RSF-4 to NC. I believe that this development will create additional traffic strain on the area, negatively impact the environment, does not align with the City of Fayetteville's "Vision 2050", and the area simply does not have the infrastructure established to support such a drastic change. Thank you for your time and consideration. Sincerely, Mary Anne Kull 2840 N Raintree Dr makuII1017&gmail.com 501-773-1278 Page 482 of 486 RZN-2023-0004 One Mile View NC I, - 2910 N OLD WIRE RD 0 0.13 0.25 0.5 Miles > �O l U) co 10 1 X �U 1 r1I' IQ 1 Subject Property �> } �K� RD�a�� 01 I 1J ' R-O ORTH R-A I 1 1 1 1 1 1 1 1 1 1 1 1 7L SKI\LERN RD ` — I -- NS-L I I I I I I I I I Ding I-2 Ga,reral Intl Is Regional Link — — — RESIDENTIAL SINGLE-FAMILY EXTRACTION NS-G 11 Neighborhood Link _ _ _ _ _� - - - - - - RI-u COMMERCIAL RI-12 Resltlen,iaFOfice — Unclassified DNS-L G1 — Residential Link _ , �ResltleMlal-�rialW21 RSF-.s ��-2 Ica RSF-1 FORM BASED DISTRICTS ■ 1 Planned Neighborhood Link - RSF-2 RSF4 Gewn—ncnra MU—T—g— Planned Residential Link RSF-] RSF-8 Mein s,rea, caviar ■ Osxn,own General — — Shared -Use Paved Trail ' RESIDENTIAL MULTI -FAMILY �Commanlry Services � NeigbborM1ooa services — — Trail (Proposed) Q , RMF-8 �RMF-12 NeigM1borM1ootl Con oe on 1 Fayetteville City Limits i — ; Planning Area — _ RMF-2a PLANNED ZONING DISTRICTS Intluslnal, Resltlentlal INSTITUTIONAL 1 Planning Area Fayetteville City Limits - - -- RMFI INDUSTRIAL Raa Comme alantlL;gMlntlaa,nai P annlnq Uommission RZN-2023-0004 (VAN S69(IW 483 of 486 Page 17 of 20 RZN-2023-0004 2910 N OLD WIRE RD Close Up View "Olp R� 00) —STRAWBE ' Greek - ya eGtia< � . - �m j NORTH Zone Current Proposed Regional Link Neighborhood Link NC 0.0 9.5 P-1 0.0 0.0 Residential Link R-A 6.8 5.7 Feet RSF-4 7.5 0.0 Trail (Proposed) r ' Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1 :2,400 Total 15.2 ac February 27, 2023 RZN-2023-0004 (VAN S69W 484 of 486 Page 18 of 20 February 27, 2023 RZN-2023-0004 (VAN S69W 485 of 486 Page 19 of 20 RZN-2023-0004 Future Land Use 2910 N OLD WIRE RD 0 tA� Q WARWICK-DR—,�2 i v 02 Residential I Neighborhood - r ■ ■ SVRAWBERRY-DR Ile"9 F� �2 - Regional Link Subject Property K- DR Natural �- '0 °off ��5 �• gyp' 00 ; O ' • Q � PEE ��RGVSpN • Neighborhood Link Residential Link Planned Neighborhood Link r _ _i Planning Area _I Fayetteville City Limits - - - Trail (Proposed) Feet 0 145 290 580 870 1:4,800 • I • • OLD WIRE I r IL I' I I I I I I H I I I I I I I I I I I I CD II I V I � 2Q. Q I p I a a I n PICASSO PL— P v� I � Oo I `O City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center February 27, 2023 RZN-2023-0004 (VAN S69W 486 of 486 Paoe 20 of 20