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2023-06-06 - Agendas - Revised Final
City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, June 6, 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 634 City Council Meeting Final Agenda June 6, 2023 ZOOM INFORMATION: 1. WEBINAR: 859 0754 6709 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/ WN KYEJWIBBTBSOT01 PADXK W (2023-612) CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS 1. MONTHLY FINANCIAL REPORT: (2023-726) PROPOSED AGENDA ADDITIONS A. CONSENT A.1. APPROVAL OF THE MAY 16, 2023 CITY COUNCIL MEETING MINUTES: (2023-490) A.2. E-SCOOTER PROGRAM REVENUE (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $15,000.00 TO ALLOW REVENUE FROM THE E-SCOOTER PROGRAM TO BE USED FOR THE CITY'S TRAILS AND MOBILITY PROGRAM (2023-719) A.3. MILESTONE CONSTRUCTION COMPANY, LLC. (CONSTRUCTION CONTRACT): A RESOLUTION TO AWARD BID #23-24 AND AUTHORIZE A CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $488,300.29 FOR THE HAPPY HOLLOW SIDEWALK IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00 (2023-781) A.4. HAWKINS-WEIR ENGINEERS, INC. - HWY 112 (SERVICE AGREEMENT): A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $98,610.00 FOR City of'Fayetteville, Arkansas page 2 Page 2 of 634 City Council Meeting Final Agenda June 6, 2023 ADDITIONAL SERVICES DURING THE FINAL DESIGN PHASES OF THE UTILITY RELOCATIONS ALONG HIGHWAY 112 (2023-784) A.S. HAWKINS-WEIR ENGINEERS, INC. - 1-49 & MILK (SERVICE AGREEMENT): A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $276,110.00 FOR ADDITIONAL DESIGN SERVICES FOR UTILITY RELOCATIONS ASSOCIATED WITH THE 1-49/MARTIN LUTHER KING, JR. BOULEVARD INTERCHANGE PROJECT (2023-785) A.6. KLM ENGINEERING, INC. (SERVICE AGREEMENT): A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH KLM ENGINEERING, INC., PURSUANT TO RFQ #23-01 SELECTION #3, IN AN AMOUNT NOT TO EXCEED $36,062.00 FOR WATER STORAGE TANK INSPECTIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,212.40 (2023-786) A.7. WEX BANK (PURCHASE CONTRACT): A RESOLUTION TO APPROVE A CONTRACT WITH WEX BANK, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING AGREEMENT, TO ENABLE THE CITY TO PARTICIPATE IN A FUEL CARD PROGRAM (2023-779) A.B. CANON USA INC. (PURCHASE CONTRACT): /_1IVwto] &I]IIto] ►rto] _1ww Wo►T/aI:Iaall :Zya_10we] IK6161w121:6y_1►1wl MANAGED PRINT SERVICES FROM CANON USA, INC., PURSUANT TO A STATE OF ARKANSAS COOPERATIVE PURCHASING CONTRACT, THROUGH JULY 31, 2024 (2023-780) A.9. GOVDEALS INC. (PURCHASE CONTRACT): A RESOLUTION TO AUTHORIZE A CONTRACT WITH GOVDEALS, INC. FOR ONLINE AUCTION SERVICES FOR SURPLUS EQUIPMENT AND VEHICLES THROUGH MARCH 19, 2025 AND ANY RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (2023-778) A.10. SPRINGDALE TRACTOR CO. (PURCHASE CONTRACT): A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KUBOTA TRACTOR FROM SPRINGDALE TRACTOR FOR THE AMOUNT OF $16,651.72 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-745) A.11. GAPVAX INC. (PURCHASE CONTRACT): City of'Fayetteville, Arkansas page 3 Page 3 of 634 City Council Meeting Final Agenda June 6, 2023 A RESOLUTION TO APPROVE THE PURCHASE OF A GAPVAX EXCAVATOR FROM GAPVAX, INC. IN THE AMOUNT OF $665,575.70, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT (2023-744) A.12. RUSH TRUCK CENTERS (UTILITY TRUCK PURCHASE CONTRACT): A RESOLUTION TO APPROVE THE PURCHASE OF TWO INTERNATIONAL HEAVY DUTY UTILITY TRUCKS AND ONE SNOW PLOW ATTACHMENT FROM RUSH TRUCK CENTERS OF ARKANSAS, INC. FOR THE TOTAL AMOUNT OF $218,435.95 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (2023-743) A.13. RUSH TRUCK CENTERS (RECYCLE TRUCK PURCHASE CONTRACT): A RESOLUTION TO APPROVE THE PURCHASE OF TWO INTERNATIONAL RECYCLE BODY TRUCKS FROM RUSH TRUCK CENTERS OF ARKANSAS, INC. FOR THE TOTAL AMOUNT OF $499,990.56 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (2023-742) A.14. ARDOT - HIGHWAY 16 (RELOCATION AGREEMENT): A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION FOR UTILITY RELOCATIONS RELATED TO THE HIGHWAY 16 EAST WIDENING PROJECT (2023-782) A.15. ARDOT - HIGHWAY 112 (RELOCATION AGREEMENT): A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION FOR UTILITY RELOCATIONS RELATED TO THE HIGHWAY 112 IMPROVEMENTS PROJECT (2023-783) A.16. ROBERT WALSH (WATER DAMAGE CLAIM): A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $10,434.25 TO ROBERT WALSH AND EQUITY TRUST COMPANY FOR WATER MAIN BREAK DAMAGE AT 2416 EAST SHARON STREET, AND TO APPROVE A BUDGET ADJUSTMENT (2023-787) A.17. STEVE MANGAN (SEWER DAMAGE CLAIM): A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $42,971.43 City of'Fayetteville, Arkansas page 4 Page 4 of 634 City Council Meeting Final Agenda June 6, 2023 TO STEVE AND HEATHER MANGAN FOR SEWER OVERFLOW DAMAGE AT 3190 NORTH MALINDA DRIVE (2023-788) A.18. BEAVER WATERSHED ALLIANCE (COST SHARE AGREEMENT): A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH THE BEAVER WATERSHED ALLIANCE FOR THE INSTALLATION OF LOW IMPACT DEVELOPMENT FEATURES IN THE TOWN BRANCH WATERSHED ASSOCIATED WITH THE ELMHURST AND MCCLINTON DRAINAGE IMPROVEMENT PROJECT WITH MATCHING FUNDS PROVIDED BY THE CITY IN THE AMOUNT OF $190,000.00, AND TO APPROVE A BUDGET ADJUSTMENT (2023-747) A.19. FREESE AND NICHOLS, INC. (SERVICE AGREEMENT): A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., PURSUANT TO RFQ #22- 14, IN AN AMOUNT NOT TO EXCEED $151,420.00 FOR HAMESTRING CREEK WATERSHED FLOOD MITIGATION AND GRANT SUPPORT (2023- 749) A.20. ANN HARBISON FARMS (LEASE AGREEMENT): A RESOLUTION TO AWARD BID #23-23 AND AUTHORIZE A FIVE YEAR AIRPORT HAY FIELD LEASE AGREEMENT WITH ANN HARBISON FOR RENT IN THE AMOUNT OF $6,001.00 PER YEAR (2023-752) A.21. MOTOROLA SOLUTIONS INC. (EQUIPMENT PURCHASE): A RESOLUTION TO AUTHORIZE THE PURCHASE OF RADIO EQUIPMENT FROM MOTOROLA SOLUTIONS INC. IN THE AMOUNT OF $419,383.29 PLUS ANY APPLICABLE TAX AND FREIGHT CHARGES, AND TO APPROVE A BUDGET ADJUSTMENT (2023-753) B. UNFINISHED BUSINESS C. NEW BUSINESS C.1. APPEAL: CUP-2023-0043: (435 N. OLIVER AVE/ KING INVESTMENTS OF FAYETTEVILLE LLC, 482): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SARAH MOORE, SCOTT BERNA, AND TERESA TURK AND DENY CONDITIONAL USE PERMIT CUP 2023-043 FOR A SHORT-TERM RENTAL AT 435 NORTH OLIVER AVENUE IN WARD 4 (2023-748) C.2. ARTS & CULTURE MASTER PLAN (FUNDING APPROVAL): A RESOLUTION TO APPROVE FUNDING OF $200,000.00 TO DEVELOP AN City of'Fayetteville, Arkansas page 5 Page 5 of 634 City Council Meeting Final Agenda June 6, 2023 ARTS AND CULTURE MASTER PLAN AND TO APPROVE A BUDGET ADJUSTMENT (2023-789) C.3. HISTORIC BLACK DISTRICT PRESERVATION (LAND PURCHASE): A RESOLUTION TO AUTHORIZE THE MAYOR OF THE CITY OF FAYETTEVILLE TO PURCHASE REAL ESTATE TO BE RETURNED TO THE NWA BLACK HERITAGE ASSOCIATION FOR RESTORATION, REDEVELOPMENT, AND ADVANCEMENT TO THE AFRICAN AMERICAN COMMUNITY INTO THE VIBRANT AND THRIVING DISTRICT IT IS MEANT TO BE (2023-754) CA. AMENDMENT - §166.25 (UDC): AN ORDINANCE TO AMEND §166.25 COMMERCIAL, OFFICE AND MIXED USE DESIGN AND DEVELOPMENT STANDARDS OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY THAT CROSS ACCESS BETWEEN PROPERTIES IS REQUIRED (2023-710) C.S. AMENDMENT - §130.23 (FALSE ALARM REDUCTION): AN ORDINANCE TO AMEND §130.23 FALSE ALARM REDUCTION OF THE FAYETTEVILLE CODE TO SIMPLIFY AND CLARIFY CERTAIN PROVISIONS AND REDUCE SOME FEES FOR SERVICE (2023-746) C.6. PLANNED ZONING DISTRICT-2023-0002: (SOUTHEAST OF W. MARTIN LUTHER KING JR BLVD AND S. SMOKEHOUSE TRAIL/SWEET BAY AT KESSLER, 596): AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2023-002 FOR APPROXIMATELY 4.49 ACRES LOCATED SOUTHEAST OF WEST MARTIN LUTHER KING, JR. BOULEVARD AND SOUTH SMOKEHOUSE TRAIL IN WARD 1 (2023-776) D. CITY COUNCIL AGENDA SESSION PRESENTATIONS D.1. SALES TAX REPORT - PAUL BECKER AND ENERGY REPORT - PETER NIERENGARTEN (2023-727) D.2. FAYETTEVILLE ARTS COUNCIL PRESENTATION - ABBY HOLLIS - ROBERT STAFFORD - CHLOE BELL (2023-496) E. CITY COUNCIL TOUR F. ANNOUNCEMENTS G. ADJOURNMENT City of'Fayetteville, Arkansas page 6 Page 6 of 634 City Council Meeting Final Agenda June 6, 2023 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. 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 City of Fayetteville, Arkansas page 7 Page 7 of 634 City Council Meeting Final Agenda June 6, 2023 are harassing or amount to a personal attack against any identifiable individual including abusive comments and derogatory remarks about integrity or offer any other comments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville- ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575- 8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas page 8 Page 8 of 634 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager DATE: SUBJECT: Recognize revenue from the e-scooter program RECOMMENDATION: CITY COUNCIL MEMO 2023-719 Approval of a Budget Adjustment to recognize revenue from the e-scooter program in the amount of $15,000 and increase the related expense budget. BACKGROUND: Fayetteville began permitting shared e-scooters in 2019 shortly after an e-scooter ordinance (6205) was adopted. In 2020 e-scooter permit revenues started at $27,200 per year. 2021 revenues increased to $60,400 per year and in 2022 the revenues stayed steady at $60,400. 2023 has already seen $40,700 and is projected to exceed the historical $60,000 per year. The program continues to see high usage rates and revenue is anticipated to be at least $60,000 going forward into the future. DISCUSSION: Since 2020, revenue from the e-scooter companies has been used to make improvements to the trail system and on -street bicycle network, including scooter and bike parking, safety campaigns for all users, promotional materials and other mobility program related enhancements and maintenance. This request continues the historical annual $15,000 investment to the active transportation network for 2023 using revenues generated from the e-scooter program to enhance the safety and user experience for all users in Fayetteville. BUDGET/STAFF IMPACT: This request moves $15,000 of the estimated $60,000 in 2023 e-scooter program revenue to the expense account so it can be used for the trails and mobility program. ATTACHMENTS: 2023-719 SRF - Recognize Scooter Revenue, 2023-719 BA Recognize Scooter Revenue Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 9 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-719 Recognize revenue from the e-scooter program A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $15,000.00 TO ALLOW REVENUE FROM THE E-SCOOTER PROGRAM TO BE USED FOR THE CITY'S TRAILS AND MOBILITY PROGRAM 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, moving $15,000.00 from the 2023 e-scooter program revenue to the expense account to be used for the City's trails and mobility program. Page 1 Page 10 of 634 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2023-719 Item ID May 16th, 2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/27/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a Budget Adjustment to recognize revenue from the e-scooter program in the amount of $15,000 and increase the related expense budget. Budget Impact: 1010.090.6600-5814.05 Account Number 21012 Project Number General Fund Fund Mobility / Trail Improvements Budgeted Item? Yes Total Amended Budget Expenses (Actual+Encum) Does item have a direct cost? No Is a Budget Adjustment attached? Yes Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 11,593.00 $ 6,814.41 4,778.59 $ 15,000.00 19,778.59 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 11 of 634 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number ENGINEERING (621) /Org2 2023 Requestor: Matt Mihalevich BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment to recognize revenue from the e-scooter program in the amount of $15,000 and increase the related expense budget. COUNCIL DATE: 5/16/2023 ITEM ID#: 2023-719 Noll y Black 412712023 70:44 ANI Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 15,000 15,000 v.2023424 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.001.0001-4208.00 - 15,000 21012 1 RE License - Scooters 1010.090.6600-5814.05 15,000 - 21012 1 EX Improvements - Trails 1 of 1 Page 12 of 634 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-781 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager DATE: SUBJECT: Approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. RECOMMENDATION: Staff recommends approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. BACKGROUND: The Happy Hollow Sidewalk Improvements project includes the construction of approximately 1,000 feet of 6' wide sidewalk along the west side of Happy Hollow Road from 4th Street to the north. In addition to the sidewalk improvements, the project will include minor drainage improvements, new sections of curb and gutter, driveway construction and pavement repair. This project is included in the Transportation Division Sidewalk Work Plan for 2023. The Engineering Division has prepared the design plans and the project was put out for bid. DISCUSSION: On May 11, 2023, the City received three (3) construction bids for this project. Milestone Construction Company, LLC submitted the low bid of $488,300.29. Engineering staff recommends awarding this contract to Milestone Construction Company, LLC. The contract time is 150 days (5 months) for substantial completion. BUDGET/STAFF IMPACT: The design and construction of this project will be paid for with Capital Improvements Project funds allocated for sidewalk improvements. PURCHASE ORDER DETAILS G/L ACCT PROJECT 2100.410.5500-5814.00 02053.5500 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 AMOUNT $488,300.29 www.fayetteville-ar.gov Page 13 of 634 ATTACHMENTS: 2023-781 SRF Happy Hollow Milestone, 00500 Agreement- Signed by contractor, Bid 23- 24, Submittal - Milestone Construction Company, LLC - E, Bid 23-24, Bid Tab - AB and LM Signed, Council Cover Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 14 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-781 Approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. A RESOLUTION TO AWARD BID #23-24 AND AUTHORIZE A CONTRACT WITH MILESTONE CONSTRUCTION COMPANY, LLC IN THE AMOUNT OF $488,300.29 FOR THE HAPPY HOLLOW SIDEWALK IMPROVEMENTS PROJECT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $50,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #23-24 and authorizes Mayor Jordan to sign a contract with Milestone Construction Company, LLC, a copy of which is attached to this Resolution, in the amount of $488,300.29 for the Happy Hollow Sidewalk Improvements Project, and further approves a project contingency in the amount of $50,000.00. Page 1 Page 15 of 634 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-781 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a construction contract in the amount of $488,300.29 with Milestone Construction Company, LLC. for the Happy Hollow Sidewalk Improvements Project, and approval of a $50,000.00 project contingency. Budget Impact: 2100.410.5500-5814.00 2100 - Street Fund Account Number 02053.5500 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Fund Sidewalk Improvements Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 2,630,610.00 $ 354,777.97 $ 2,275,832.03 $ 538,300.29 1,7; V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Item cost includes construction contract plus the project contingency. Page 16 of 634 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Contract No.: 23-24, Construction THIS AGREEMENT is dated as of the day of in the year 2023 by and between The City of Fayetteville, Arkansas and Milestone Construction Company,LLC (hereinafter called Contractor). ARTICLE I - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: The construction of approximately 1,025 linear feet of S ft. sidewalk along Happy Hollow Road north of 4' Street. In addition to sidewalk improvements, the project will include minor drainage improvements that consist of drop inlets and curb and gutter construction. Miscellaneous items include driveway construction, and pavement restoration. Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. Open burning and blasting are not allowed on City projects. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. The Contract includes work in City of Fayetteville Right-of-way and in General Utility Easements. Refer to Section 00400-Bid Form for quantities. ARTICLE 2 - ENGINEER 2,01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 00500 Agreement 00500- 1 Page 17 of 634 DOCUMENT 00500 — AGREEMENT continued 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 150 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 180 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Seven Hundred Fifty Dollars ($750.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 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. I . There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. 00500 Agreement 00500-2 Page 18 of 634 DOCUMENT 00500 — AGREEMENT continued ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS_PAYMENTa, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements, 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 Page 19 of 634 DOCUMENT 00500 —AGREEMENT (continued) ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents, 00500 Agreement 00500-4 Page 20 of 634 DOCUMENT 00500 — AGREEMENT (continued) I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions, 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: HAPPY HOLLOW SIDEWALK IMPROVEMENTS PROJECT 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE S - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except 00500 Agreement 00500-5 Page 21 of 634 DOCUMENT 00500 — AGREEMENT (continued} to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents, 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. 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. 8.06 LIENS: A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§ 18- 44-501 through 508) prohibits the filing of any mechanics' of materialmen's liens in relation to this public construction project. Arkansas law requires and the contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor. Three counterparts each has been retained by The City of Fayetteville. All portions of the Contract Documents have been signed, initiated, or identified by The City of Fayetteville and Contractor. 00500 Agreement 00500-6 Page 22 of 634 DOCUMENT 00500 — AGREEMENT (continued) This Agreement will be effective on of the Agreement. CONTRACTOR: (Type o egibly print) (Signature) 20_, which is the Effective Date CITY OF FAYETTEVILLE By: Lioneld Jordan (Signature) Title: Pxd-o�--cz�/r Title: _ Mayor Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy form the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. (SEAL) r .�L Attes Attest 00500 Agreement 00500-7 (SEAL) Page 23 of 634 DOCUMENT 00500 — AGREEMENT (continued Address for giving notices Address for giving notices U 5. u!f ( ,���11(,. 113 W. Mountain St. n n#Jfj ).e!� iL'� Fayetteville, AR 72701 ri 9- L4 License No. Agent for Service of process ,� z 1.5 (Type or legibly print) Contractor shall attach evidence of authority of Agent for Service process to sign If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF DOCUMENT 00500 00500 Agreement 00500- 8 Page 24 of 634 Search Incorporations, Cooperatives, Banks and Insurance Companies This is only a preliminary search and no guarantee that a narne is available for initial filing until a confirmation has been received from the Secretary of State after filing has been processed Please review our NAME AVAILABILITY GUIDELINES HERE prior to searching for a new entity name. Printer Friendly Version LLC Member information is now confidential per Act 865 of 2007 Use your browser's back button to return to the Search Results Begin New Search For service of process contact the SecrF2tary of Stags office Corporation Name MILESTONE CONSTRUCTION COMPANY, LLC Fictitious Names Filing # 800044464 Filing Type Limited Liability Company Filed under Act Domestic LLC; 1003 of 1993 Status Good Standing Principal Address Reg. Agent SAM R. HOLLIS Agent Address 2002 S. 48TH ST. SPRINGDALE, AR 72762 Date Filed 10/20/2004 Officers SEE FILE, IncorporatorlOrganizer GINA R. MORAN , Tax Preparer Foreign Name N/A Foreign Address State of Origin N/A Purchase a Certificate of Good Pay Franchise Tax for this corpgration 5tandng for this Entity Page 25 of 634 CITY OF -� FAYETTEVILLE ARKANSA Bid 23-24 Addendum 2 Milestone Construction Company, LLC Milestone Construction Company, LLC Supplier Response Event Information Number: Bid 23-24 Addendum 2 Title: Construction - Happy Hollow Sidewalk Improvements Type: Invitation to Bid Issue Date: 4/16/2023 Deadline: 5/11/2023 02:00 PM (CT) Notes: The City of Fayetteville is accepting sealed bids from properly licensed firms for the construction of approximately 1,025 linear feet of 8 ft. sidewalk along Happy Hollow Road, north of 4th Street. In addition to sidewalk improvements, the project will include minor drainage improvements that consist of drop inlets and curb and gutter construction. Miscellaneous items include driveway construction and pavement restoration. Questions regarding this bid should be addressed to Amanda Beilfuss, Sr. Purchasing Agent at abeilfuss(a)fayetteville-ar.gov. Contact Information Contact: Amanda Beilfuss - Sr. Purchasing Agent Address: Purchasing City Hall Room 306 113 W. Mountain St. Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC Page 26 of 634 Milestone Construction Company, LLC Information Contact: Erin Metcalf Address: 2002 S. 48th Street Suite A Springdale, AR 72762 Phone: (479) 751-3560 x202 Fax: (479) 751-4841 Email: emetcalf@mstonecc.com Web Address: mstonecc.com By submitting your response, you certify that you are authorized to represent and bind your company. Erin Metcalf emetcalf@mstonecc.com Signature Email Submitted at 511112023 11:09:03 AM (CT) Requested Attachments Bid 23-24, Required Signature Forms Happy Hollow Complete bid.pdf Please attach your completed forms. These documents can be found in the Project Manual or as a convenience file in the 'Attachments' tab titled File #00. Bid 23-24, Bid Bond Bid Bond- Happy Hollow.pdf Please attach a signed and completed copy of your bid bond. Bid bonds in the form of a cashier's check shall be delivered to City Hall, Purchasing Division before bid deadline and have a copy of the cashier's check uploaded with submittal. Bid Attributes 1 Arkansas Secretary of State Filing Number: 800044464 2 Arkansas Contractor License Number: 0156050424 3 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 0 Yes, I agree (Yes, I agree) ❑ No, I don't agree (No, I don't agree) 4 Addendum Acknowledgement By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 211 agree (I agree) Bid Lines Page 2 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLc Page 27 of 634 1 Embankment (Plan Quanitity) 6 Quantity: 470 UOM: CY Price: $6.17 Total: $2,899.90 Page 3 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC Page 28 of 634 3 36" Reinforced Concrete Pipe Class III (Under Pavement) 2 Quantity: 27 UOM: LF Price: $255.74 Total: $6,904.98 Page 4 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLC Page 29 of 634 4 Construction Video & Photographs 2 Quantity: 1 UOM: LS Price: $630.00 Total: $630.00 Response Total: $488,300.29 Page 5 of 5 pages Vendor: Milestone Construction Company, Bid 23-24 Addendum 2 LLc Page 30 of 634 AIA Document A310'I - 2010 CONTRACTOR: (,Vame, iegai ,stattts and address) Milestone Construction Company, LLC 2002 S. 48th Street, Suite A Springdale, AA 72762 OWNER: (Name, legal statris and address) City of Fayetteville, Arkansas 113 W. Mountain SURETY: (_Vanie, legal slams and principal place o f business.) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Fayetteville, AR 72701 BOND AMOUNT: $ Five Percent of laid Amount ---- (5%) PROJECT: (ivame, loiatron or address. and Pt-ajecl r unihe;, irarl)) Happy Hollow Sidewalk Improvements The Contractor and Surety are bound to the Owner in the amount set forth a}x-)ve, fir the payment of which the Contractor and Surety bind themselves, their heirs. executors, administrators, successors and assigns, jointly and severally, as provided herein The conditions of this Pond are such that if the (-Avner accepts the bid of the Contractor within the time speclfwd in the bid document_~, or within such time peri:xl as may be agreed to by the Owner and Contractor, and the Contractor erthCr (1) hitter~ into a contract with the Owncr in accordance with the wims of'such bid, and gives such bond or bonds as niay he specified in the bidding cx Contract Documents, with a surety admi€ted irl the LUrisdictkm of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or (_) pays to the Owner the di [Terence, not to exceed die amount of this Bond between the amount specified in said bid and such largeramount fox which the Owner may in good faith contract with another party to peril}rm the work covered by said bid, then this obligation shall he null and void, othcnv- se to remain in full force and effect. Ttie Surety hereby wolves any notice of an agreement between die Chsrner and Contractor to extend the time in which the Owner may accept the bid. NVaiver of notice by- the Surety shall not apply to any extension exceeduig sixty (60) daN-s ill the aggregate beyond the time for acceptance of bids specified in the bid documents, and the 0wrier and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to com ply with a statutory or other legal requirement in the locution of the. Ftoiect, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. AVhen so fumished_ the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. ADDITIAtuS AND DELETIONS: The author of this document has added information needed for its COMP let' on. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Reprir°tthat notes added information aswell as revisions tolhe standard form text is available from the author and should be reviewed. A vertical line in the ieft margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor. Surety Owner or other party shall be considered plural where applicable. Init. AIA Document A3101"— 2010. Copyri4rtC-1963 1970 and 2010 t=yThe American Institute orArchitects. All rights reserved. WARNING: This AIA'` Document Is protected by U.S. Copyright law and International Treaties, Unauthorized reproduction or distribution of this AIA'' Document, or any portion of tt, 1 may result in severe civil and criminal penaffies, and wot be prosecuted to the maximum extent possible under the law. Page 31 of 634 I Signed and sealed this 1 Ith day of ME _ 2023 (1T'i trressl fWitness) Milestone 4Ltion Compally, LLC (Con rr r as pir inciva ) (Seal) AO l Travelers Casualty and Surety Company of America ('Title) Pamela K. Hays, Attorney -in -Fact IrtlE. AIA Document A3101" — 2010. Copyright �4-1963. 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING- This Al A` Document Is protected by U.S. Copyright Law and International Treaties. Unauthorlled reproduction or distribution of this AW Document or any portion or n, may result in severe civil and criminal penalties. anti will be prosecuted to the maximum extent possible tinder the law. Page 32 of 634 Travelers Casualty and Surety Company of America ASW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Pamela K Hays of NORTH LITTLE ROCK , Arkansas , their true and lawful Attorney (s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. owr,- KWFORI]k,COWL N cow.SIM , i' tpmPu it } State of Connecticut City of Hartford ss. By: Robert _LRaney4tertior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, !hereunto set my hand and official seal. kti.`5 /A� wnTanr , My Commission expires the 30th day of June, 2026 g+' *t P:.t� pi1j Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, 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 Attorneys -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, recognizances, 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; and it is FURTHER RESOLVED, 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 tiled in the office of the Secretary; and it is FURTHER RESOLVED, 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 Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and J is FURTHER RESOLVED, 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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect Dated this 11th day of May . 2023 W $ L � Fi�4rF'OFiD, � � NaRfiOAD. J tom[ a come, e ooNN g uu Kevin E Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attomey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. Page 33 of 634 CITY OF _ FAYETTEVILLE ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. S% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid Bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, Aft and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. o Upload S% bid bond to the City's electronic bidding platform (preferred) OR attach bid bond with physical submittal and setting up an in -person delivery appointment with the City Purchasing Division. E I All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or submitting a physical sealed bid to the City Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffayetteviliear. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. If submitting a physical bid, all bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72701 Additional Information Required: • List of Subcontractors: Submit form on Ion rave o attach if submitting a physical bid. • AR Secretary of State Filing #: `i OR submit electronically. • Arkansas Contractor License #: OR submit electronically. • Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. o Submit electronically OR circle applicable answer: YES or NO Telecommunicatdons Device for the Deaf TDO (4741 521-13 M 113 West Mountain - Fayetteviile. AR 72701 Page 34 of 634 License No. 0156050424 !D #19 State of Arkansas Commercial Contractors Licensing Board MILESTONE CONSTRUCTION COMPANY, LLC 2002 S 48TH ST SPRINGDALE, AR 72762 This is to Certify That MILESTONE CONSTRUCTION COMPANY, LLC is duly licensed under the provisions of Ark. Code Ann. § 17-25-101 et. seq. as amended and is entitled to practice Contracting in the State of Arkansas within the following classifications/specialties: BUILDING - (COMMERCIAL & RESIDENTIAL) MUNICIPAL & UTILITY CONSTRUCTION This contractor has an unlimited suggested bid limit. from April 28, 2023 until April 30, 2024 When this Certificate expires. Witness our hands of the Board, dated at North Little Rock, Arkansas: CHAIRMAN 7v�&- SECRETARY April 28, 2023 - dsa Page 35 of 634 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDlYYYY) 1210512022 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 Marla Williams NAME: Sterling Seacrest Pritchard PHONE Ext : (501) 478-2962 FAXAleNc : (501) 251-1200 10 Box 16445 E-MAIL SS: marlaw@sspins.com ADDRE INSURERS) AFFORDING COVERAGE NAIC # Little Rock AR 72231 INSURER A: Amerisure Mutual Insurance Co 23396 INSURED INSURER B : Atlantic Specialty Ins Company 27154 Milestone Construction Co., LLC INSURER C : 2002 South 48th Street INSURER D : INSURER E : Springdale AR 72762 INSURER F : COVERAGES CERTIFICATE NUMBER: 22123 All Lines at=Victnnt uI IUIQFo• 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADDLSUBR INSO WVD POLICY NUMBER POLICY EFF MM1D6NYYY) POLICY EXP (MM/DDNYYYJ LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMSDAMAGE -MADE 19 OCCUR Blanket Contractual Liability Y Y CPP20262171802 12/01/2022 1210112023 EACH OCCURRENCE S 1,000,000 TO RENTED PREMISES 4Ea occurrence $ 1,000,000 X MED EXP (Any one person) $ 10,000 X XCU Included PERSONALR ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO JEcr ❑ LOG GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) S A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY /� AUTOS ONLY Y Y CA20262141802 12/01/2022 12/01/2023 BODILY INJURY (per accident) $ X PROPERTY DAMAGE Per accident $ S X UMBRELLA L1AB X OCCUR EACH OCCURRENCE S 10,000,000 AGGREGATE $ 10,000,0GO A EXCESS LIAB CLAIMS MADE Y Y CU20336521602 12/01/2022 12/01/2023 DED I X RETENTION S 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y J N ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBEREXCLUDE1 � NIA Y WC20262351702 12/01/2022 12/01/2023 X1 STATUTE ERH E.L. EACH ACCIDENT S 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 {Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Blanket Builders Risk Limit Per Jobsite $10,000,000 B 7900210100006 12/01/2022 12/01/2023 Deductible $2,500 WindlHail Deductible $5,000 DESCRIPTION OF OPERATIONS r LOCATIONS 1 VEHICLES (ACORD tot, Additional Remarks Schedule, may be attached If more space Is required) The following applies when required in written contract or agreement: Certificate holder and owner are included as additional insureds on a primary and non-contributory basis with respect to General Liability (including completed operations), Auto Liability, Waiver of subrogation is provided on General Liability, Auto Liability and Workers Compensation. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 36 of 634 DOCUMENT 00140 — BIDDER'S QUALIFICATION STATEMENT Contract Name: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Bid #: 23-24, Construction Date: SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company �I 1L; 11 Llh�� Name Addre; Princil Corporation, partnership, individual, joint venture, other �i, Arkansas State General Co tract r' Li ense Number o (Type or legibly print) EXPERIENCE STATEMENT 1. Bidder has been engaged as a General Contractor in construction for r fl years and has performed work of the nature and magnitude of this Yontract for years. Bidder has been in business under its present name for years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer / architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. N 0 00140 Bidder Qualifications 00140 - 1 Page 37 of 634 DOCUMENT 00140 - BIDDER'S QUALIFICATION STATEMENT continued 5. Bidder normally performs the following work with his own forces: ME 7W i ��IVFRTJ! t IN 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent; Bidder's Workmen's Compensation Experience Modifier Factor is: . —Iq FINANCIAL STATEMENT B. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a, Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. 00140-Bidder Qualifications 00140 - 2 Page 38 of 634 DOCUMENT 00140-BIDDER'S QUALIFICATION, STATEMENT (continued) d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firth preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judament Creditors a. b. Where Docketed and Date Amount S S Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: C/ , 20 2 3. (OFFICIAL SEAL) Name of Organization: 4La (Type or legibly print) 13y (Signature) Title _ AeAf'jAz,4A- (Typeype or legibly print) (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be sighed, followed by the signature of a duly -authorized officer and with the corporate seal affixed.) 00140-Bidder Qualifications 00140 - 3 Page 39 of 634 'C �z Ppn C 'G 'O "(p •q m ,11) w.' fD rD "C , " r" ra °, iJ n �, as °- "^^ °"$ Of9 R `�C fC n M. VJ rS (D r4,L f4 rn w �C 9> a' rl o 1 C� "s7 'x7 to r cn y v. n cn cn cn v� n rr v 72 'O `d TJ r t G r1 'O a� a°, m �� 5 n 3 ci0, C) a. a v �� R on cn v? n w '� _ 1 ; e R. 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O O 1 O?b , Od O 14 ry G © Oq 7 � l�� V+ Q ey Z 0 X, i v {u G IQ X LA V: h N !�ccIla or _ to IJ IJ W z �' z ° a O O `q �J O0G n rL O p{�y A C "9 CD �' cr T. r) A A 1 ze rt > 0 >° n n�.� /r f+ y ieb s M r n rt �. u � b9 4A iA 4A 4A 09 aA :J W sn W to LA Cr N O N N W pp O O w ct csCD C p pg C "dJ n eb rt z a N O to O N d C7 N IJ C N d IQ d n ri. O O CJ' N a �+ a •., o N 0 lJ o r+ Ln o rl D O R F Page 43 of 634 o w C ap w as 'O Co O 'C7 O w Z O mod. e< Z m Z a. x ry d .. na �- o O r; W b "9 t57 p . �F ro p / Q. o [xS 7d C� tJ � ro ►o. tJ m C ice} N C A3 cs C :. o m V1 0 a a. �-i cn cr to o Cll m019 ro r EL > o O z x N O A O ] - x p 9 j n C� 0 .� y C tn n A Q R r arl d 9 �, x 00 �0 `� %: O� t7' iJ N w 4 O lti G � ttli �' G rb ro ➢�i A n Page 44 of 634 W R Loa W W ?a IJ C p ��' � b G1 `C > '17 �" fit' n ('}„ x fl. •+ O r z C w O n ,ryy ,n es 10 A rt rt J 0 f `r� 4 „ e w ul o Z° � o n a rD �? POU n v `�" W I. z b y T V. /b X c 0 a ?� �eb y > 9 Fri r' U Y n_ eth W K u> [J oc x v In N A [v n, p 00 I J .�.a `n N a L 0 0 f ;0 Oc 00 ILI 00 ,�.� N 00 Mo' Q G ar NO O LI) i 1� o w t+ a Page 45 of 634 DOCUMENT 00400 - BID FORM Contract Name: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Bid Number: 23-24 BID TO: Owner: BID FROM: Bidder: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 IN Mma- mullmain I MINu �i��l ►Mill ARTICLE 1 - INTENT 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. ARTICLE 2 - TERMS AND CONDITIONS 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award. ARTICLE 3 - BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date #U GIW-11�d6 �-01 L4- 3 00400-Bid Form ROOM Page 46 of 634 DOCUMENT 00400 — BID FORM (continued) Email: r I U I t w F,V I Y 17 LLLeV I v 1 Phone No. Fax No.� M + ARTICLE S - TERMINOLOGY 8.01 The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. r� Arkansas State Contractor License No. r C U If Bidder is: An Individual Name (type or printed): Doing business as: Business address: Phone No. Email address: A Partnership Partnership Name: 0 (Individual's Signature) Fax No. (Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address: Phone No. Email address: Fax No. (SEAL) (SEAL) 00400-Bid Form 00400 - 4 Page 47 of 634 DOCUMENT 00400 — BID FORM (continued) A Corporation or LLC�`y Corporation Name: l v l' State of Incorporation: Type (General Business, Professiopal, Service, Limited Liability): UICJ By: Name( Title: Attest: (Signature of gen,(=41 partner - attach eviAnce of authority to sign) (CORPORATE SEAL) �O I (Signature ofrate Secretary) - [� 1J� Phone No. r I� Fax No. -- -„ Email address: Ivl r Tax ID N DUNS# Cage Code: WSQ�2 00400-Bid Form 00400 - 5 Page 48 of 634 DOCUMENT 00430 — LIST OF SUBCONTRACTORS In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for: HAPPY HOLLOW SIDEWALK IMPROVEMENTS Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor's Work Subcontractor's Name and Address Clearing/Demolition SWPPP/Erosion Control Asphalt Concrete Landscaping Material Testing Other (designate) NOTE: This form must be submitted in accord e ith the Instructions to Bidders. Bidder's Signature Expected Percentage or Value M.614, -62 0 00430 List of Subcontractors 00430- 1 Page 49 of 634 CITY OF W004 FAYETTEVILLE ARKANSAS BID TABULATION Bid 23-24, Construction - Happy Hollow Sidewalk Improvements DEADLINE: Thursday, May 11, 2023 at 2:00 PM Certification of Funds: $600,000.00 ($750,000.00 total allowed) Total Milestone Construction Company, LLC Sweetser Construction, Inc. Steep Creek LLC $488,300.29 $587,571.00 $733,882.45 Description CITY UOM Unit Extended Unit Extended Unit Extended 1 Mobilization (Shall not exceed 5%of Total Bid) 1 1 LS $19,329.70 $27,043.40 $19,329.70 $27,043.40 $17,110.00 $8,430.00 $17,110.00 $8,430.00 $31,625.00 $31,625.05 2 Insurance and Bonding LS $17,875.00 $17,875.00 3 Roadway Construction Control (Staking) 1 LS $5,040.00 $5,040.00 $16,000.00 $16,000.00 $7,562.50 $7,562.50 4 Act 291, 1993 Trench and Excavation Safety Systems 1 LS $6,300.00 $6,300.00 $2,500.00 $2,500.00 $8,937.50 $8,937.50 5 Erosion Control 1 LS $20,600.00 $20,600.00 $10,000.00 $10,000.00 $9,793.75 $9,793.75 6 Traffic Control and Maintenance 1 LS $3,780.00 $3,780.00 $50,000.00 $50,000.00 $27,062.50 $27,062.50 7 Clearing, Grubbing, & Demolition 1 LS $25,074.00 $25,074.00 $22,500.00 $22,500.00 $41,520.00 $41,520.00 8 Remove Dispose Existing Curb and Gutter 12 LF $36.75 $441.00 $30.00 $360.00 $51.84 $622.08 9 Remove Dispose Existing Concrete Pavement (Sidewalk, Driveways, etc..) 40 Sy $78.75 $3,150.00 $40.00 $1,600.00 $20.79 $831.60 10 Remove Dispose Existing Asphalt Pavement 180 Sy $45.50 $8,190.00 $30.00 $5,400.00 $5.91 $1,063.80 11 Remove Dispose Existing Storm Sewer System 1 LS $8,064.00 $8,064.00 $15,000.00 $15,000.00 $6,925.00 $6,925.00 12 Remove Dispose Existing Drop Inlet Top and Reconstruct to Grade 1 LS $6,300.00 $6,300.00 $2,500.00 $2,500.00 $1,282.00 $1,282.00 13 Rock Excavation 10 CY $441.00 $4,410.00 $300.00 $3,000.00 $125.00 $1,250.00 14 Unclassified Excavation (Plan Quantity) 1000 CY $7.56 $7,560.00 $38.00 $38,000.00 $27.14 $27,140.00 15 Select Embankment (Plan Quantity) 190 CY $94.50 $17,955.00 $36.00 $6,840.00 $71.25 $13,537.50 16 Embankment (Plan Quanitity) 470 CY $6.17 $2,899.90 $36.00 $16,920.00 $70.07 $32,932.90 17 Subgrade Preparation (Plan Quantity) 277 Sy $27.30 $7,562.10 $20.00 $5,540.00 $47.15 $13,060.55 18 4" Topsoil Placement 1100 Sy $6.75 $7,425.00 $12.00 $13,200.00 $7.92 $8,712.00 19 Undercut and Backfill (As directed) 50 CY $95.76 $4,788.00 $65.00 $3,250.00 $114.94 $5,747.00 20 (6") Aggregate Base Course (Class 7) (Roadway) 200 Sy $20.16 $4,032.00 $30.00 $6,000.00 $20.23 $4,046.00 21 Asphalt Concrete Patching for Maintenance of Traffic 25 TON $226.80 $5,670.00 $150.00 $3,750.00 $275.00 $6,875.00 22 Class 7 Base for Maintenance of Traffic 30 TON $92.40 $2,772.00 $30.00 $900.00 $63.32 $1,899.60 23 Concrete and Asphalt T-Patch 20 Sy $252.00 $5,040.00 $225.00 $4,500.00 $168.06 $3,361.20 24 18" Concrete Curb and Gutter (Type A) w/ 6" Class 7 Base 995 LF $30.24 $30,088.80 $34.00 $33,830.00 $39.11 $38,914.45 25 4" Thick Concrete Sidewalk w/Class 7 Base 535 Sy $73.71 $39,434.85 $95.00 $50,825.00 $134.34 $71,871.90 26 6" Concrete Sidewalk Turndown with curb and Handrail 10 LF $226.80 $2,268.00 $250.00 $2,500.00 $625.50 $6,255.00 27 6" Thick Concrete Sidewalk with 6" Class 7 Base 470 Sy $85.05 $39,973.50 $110.00 $51,700.00 $157.66 $74,100.20 28 Connect New 18" RCP to Existing Drop Inlet 1 LS $1,890.00 $1,890.00 $2,000.00 $2,000.00 $2,362.50 $2,362.50 29 18" Reinforced Concrete Pipe Class III 157 LF $69.58 $10,924.06 $108.00 $16,956.00 $145.58 $22,856.06 30 24" Reinforced Concrete Pipe Class III 306 LF $105.00 $32,130.00 $140.00 $42,840.00 $157.44 $48,176.64 31 36" Reinforced Concrete Pipe Class III 136 LF $351.00 $47,736.00 $370.00 $50,320.00 $223.99 $30,462.64 32 36" Reinforced Concrete Pipe Class III (Under Pavement) 27 LF $255.74 $6,904.98 $400.00 $10,800.00 $267.08 $7,211.16 33 (4'x4') Drop Inlets (Type C) 4 EA $7,560.00 $30,240.00 $4,500.00 $18,000.00 $16,590.63 $66,362.52 34 (5'x5') Drop Inlets (Type C) 2 EA $8,190.00 $16,380.00 $6,500.00 $13,000.00 $16,728.13 $33,456.26 35 18" Concrete Flared End Section 1 EA $756.00 $756.00 $1,500.00 $1,500.00 $624.38 $624.38 36 36" Concrete Flared End Section 2 EA $1,764.00 $3,528.00 $3,500.00 $7,000.00 $1,380.63 $2,761.26 37 (4') Drop Inlet Extension 3 EA $2,520.00 $7,560.00 $2,000.00 $6,000.00 $2,600.00 $7,800.00 38 Rock Rip Rap (with Geotectile Fabric) 80 Sy $47.25 $3,780.00 $150.00 $12,000.00 $70.20 $5,616.00 39 Solid Sod (Bermuda) 1100 Sy $5.10 $5,610.00 $8.00 $8,800.00 $26.19 $28,809.00 40 Mailbox Assembly 3 EA $210.00 $630.00 $400.00 $1,200.00 $973.75 $2,921.25 41 Relocate Existing Water Meter 1 EA $4,410.001 $4,410.001 $2,000.00 $2,000.00 $2,783.75 $2,783.75 42 Construction Video & Photographs 1 LS $630.001 $630.001 $3,000.00 $3,000.00 $6,875.00 $6,875.00 NOTICE: Bid award is contingent upon vendor meeting minimum sp,dfi-i- and formal authorization by City Officials. Digitally signed by Amanda Amanda Beilfuss Beilfuss Date: 2023.05.1214:12:50-05'00' Amanda Beilfuss, Sr. Purchasing Agent Digitally Oa02125ELes McGaugh Date: 202Sfi8:0-0000 Les McGaugh, Purchasing Director Page 50 of 634 HAPPY HOLLOW FRI 2023 SIE)EWALK IMPROVEMENTS for the City of Fayettevi 11 e MAY 2023 m tract SaC��ptt a v' Mouhfi �`_ The Cliffs-- _/ Sequoyah ,Woods i --------------------- i Timber Trails PROJECT LOCATION East 5th Street o Q Cif 0 East -Huntsville Road --- -- i I ,I AR 16 East Fairlane Street VICINITY MAP _CITY OF FAYETTEVILLE ARKANS ARKANSAS www.fayetteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 Happy Hollow — I i Elementary AR 265 School ! I AR 16 __/ Page 51 of 634 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Hawkins -Weir Engineers, Inc. - Highway 112 Amendment No. 1 RECOMMENDATION: 2023-784 Staff recommends approval of Amendment No. 1 to the engineering services agreement with Hawkins -Weir Engineers, Inc. for professional services associated with ArDOT Project 040746 Utility Relocations along Highway 112 in an amount not to exceed $98,610.00. BACKGROUND: The Arkansas Department of Transportation has requested utility relocations to prepare for the widening of Highway 112 from Truckers Drive to Howard Nickell Road. Hawkins -Weir has completed the engineering design of these improvements and now the project is moving forward into easement acquisition and bidding phases. The ArDOT Utility Relocation Agreement for this project is also progressing through the City's committee and council processes. DISCUSSION: Amendment No. 1 is necessary to cover costs associated with significant additional effort encountered during the final design phases. This effort included an additional 3,200-feet of pipeline design, assistance with nearby rezoning coordination that was time -sensitive, four additional meetings with City and ArDOT for final coordination items, and additional 3-D modelling to avoid conflicts with the final ArDOT detailing of underground pedestrian facilities. This amendment has already been approved by ArDOT as a change order to the existing Preliminary Engineering Agreement between the City and ArDOT. The cost for this amendment is $98,610.00, however, ArDOT reimbursement on this project is approximately 90% which will also apply to these engineering fees. BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Relocations - Bond Projects account within the Water & Sewer fund. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 52 of 634 The breakout of the split between the two G/L accounts is below: G/L Account Project Amount 5400.720.5600-5314.00 11011.2101 $73,957.00 5400.720.5700-5314.00 11011.2101 $24,653.00 Total $98,610.00 ATTACHMENTS: SRF Hawkins -Weir Engineers - Hwy 112, Amendment No. 1, 040746 ARDOT Change Order Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 53 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-784 Hawkins -Weir Engineers, Inc. - Highway 112 Amendment No. 1 A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $98,610.00 FOR ADDITIONAL SERVICES DURING THE FINAL DESIGN PHASES OF THE UTILITY RELOCATIONS ALONG HIGHWAY 112 WHEREAS, on June 1, 2021, the City Council passed Resolution No. 164-21 approving a Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. for engineering services associated with the utility relocations along Highway 112 from Truckers Drive to Howard Nickell Road associated with Arkansas Department of Transportation Project 040746; and WHEREAS, Amendment No. 1 to the contract with Hawkins -Weir Engineers, Inc. will provide for costs associated with significant additional services required during the final design phases of the project, with reimbursement from the Arkansas Department of Transportation expected to cover approximately 90% of those costs. 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. 1 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $98,610.00 for significant additional services required during the final design phases of the project, as shown in the scope of services attached to Amendment No. 1. Page 1 Page 54 of 634 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-784 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Amendment No. 1 to the engineering services agreement with Hawkins -Weir Engineers, Inc. for professional services associated with ArDOT Project 040746 Utility Relocations along Highway 112 in an amount not to exceed $98,610.00. Budget Impact: 5400.720.5600-5314.00/5400.720.5700- 5314.00 Account Number 11011.2101 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 and Sewer Fund Water/Sewer Relocations - Bond Projects Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 5,903,062.00 $ 1,792,948.85 r- 4,110,113.15 $ 98, 610.00 4,011,503.15 Previous Ordinance or Resolution # Approval Date: V20221130 Page 55 of 634 I:�u1*0113U1DQI11►CM 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 Highway 112 Utility Relocation (HW Project No. 2021048), dated June 1, 2021, 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. 1. SECTION 1— SCOPE OF SERVICES 1.1 Amendment No. 1 is for the increased scope of work associated with the Final Design Phase of the Highway 112 Utility Relocation project. Additional services are detailed in the Engineer's attached Scope of Services dated January 17, 2023. SECTION 2 — TIME OF SERVICE 2.1 Engineer will proceed with providing the services set forth herein immediately upon execution of this Authorization by all parties. 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 Nigety Eight Thousand Six Hundred Ten and 00/100 Dollars ($98,610.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $524,410.00, but does not adjust the not to exceed reimbursable expenses of $40,200.00. 2021048 Amendment l.docx Page 1 of 2 April 13, 2023 Page 56 of 634 Attachments: Scope of Services dated January 17, 2023 Fee Proposal dated January 17, 2023 Arkansas State Highway Commission Utility Change Order Standard Hourly Billing Rate Structure, effective August 14, 2022 AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS Date: ACCEPTED BY: 14AWKINS-WEIR ENGINEERS, INC. By: J ut b • lc", Brett D. Peters, P.E. President and CEO Date: 04 113 / 20 23 Honorable Lioneld Jordan, Mayor 2021048 Amendment Ldocx Page 2 of April 13, 2023 Page 57 of 634 Amendment No. 1 Scope of Services I WA PW Highway 112 Utility Relocations Fayetteville, Arkansas CITY OF HW Project No. 2021048 FAYETTEVILLE January 17, 2023 ARKANSAS D. Task 3 — Final Design (ARDOT Preliminary Engineering — Change Order) 1. Prepare final design calculations, plans, profiles, details, quantity takeoffs, and cost estimates for an additional 3,200 LF of pipe line 2. Prepare exhibits for City of Fayetteville's use relative to a rezoning effort for Benedict Preliminary Master Plan and provide review comments on rezoning for the 112 Drive -In Development 3. Research property records and prepare additional utility easement in Highway 112 Business Park for existing utilities along W. Enterprise Drive 4. Prepare requests and coordinate with ARDOT on proposed right-of-way changes along Arkansas Highway 112 north of Truckers Drive; relocation of proposed ARDOT drainage improvements and elimination of a sanitary sewer relocation on W. Van Ashe Drive; and possible extension of water line improvements along Arkansas Highway 112 north of Howard Nickle Road for future phase of Highway 112 widening 5. Prepare Civil 3D surface model of proposed traffic circle at Arkansas Highway 112 and W. Van Asche Drive to determine location of existing 36-in. transmission line relative to proposed drainage improvements and roadway embankment 6. Attend (1) additional 50% Design Review meeting and prepare additional plan revisions for pipeline alignment and associated easement updates 7. Attend (3) additional 90% (Pre -Final) Design Review meetings with City of Fayetteville Utility Department staff, City land agents, and ARDOT 8. Update technical specifications for project manual based on revised City of Fayetteville Standard Specifications recently approved by the Arkansas Department of Health 9. Coordinate, inspect and perform location survey on the second phase of geotechnical bores at the project site 2021048 Amendment 1 Scope of Services (01-17-23) Page 1 Page 58 of 634 PAN Task 3 - Final Design, Amendment 1 (ARDOT Preliminary Engineering - Change Order) Exhibit B Scope of Services and Fee Proposal Summary Contract Amendment No. 1 Revised Highway 112 Utility Relocations City of Fayetteville, Arkansas HW Project No. 2021048 January 17, 2023 CITY OF FAYETTEVILLE ARKANSAS Highway 112 Utility Relocations, Fayetteville, Arkansas Task Engr VII Engr V Engr III Engr I GPS Survey Surveyor Insp I Tech IV Tech I Total Hours 1. Prepare final design calculations, plans, profiles, details, quantity takeoffs, and cost estimates for an additional 3,200 LF of pipe line 188 8 20 166 4 72 22 480 2. Prepare exhibits for City of Fayetteville's use relative to a rezoning effort for Benedict Preliminary Master Plan and provide review comments on rezoning for the 112 Drive -In Development 12 4 2 18 3. Research property records and prepare additional utility easement in Highway 112 Business Park for existing utilities along W. Enterprise Drive 1 6 7 4. Prepare requests and coordinate with ARCOT on proposed right-of-way changes along Arkansas Highway 112 north of Truckers Drive; relocation of proposed ARDOT drainage improvements and elimination of a sanitary sewer relocation on W. Van Ashe Drive; and possible extension of water line improvements along Arkansas Highway 112 north of Howard Nickle Road for future phase of Highway 112 widening 16 2 2 20 5. Prepare Civil 3D surface model of proposed traffic circle at Arkansas Highway 112 and W. Van Asche Drive to determine location of existing 36-in. transmission line relative to proposed drainage improvements and roadway embankment 4 22 26 6. Attend (1) additional 50 % Design Review meeting and prepare additional plan revisions for pipeline alignment and associated easement updates 6 2 4 12 7. Attend (3) additional 90 % (Pre -Final) Design Review meetings with City of Fayetteville Utility Department staff, City land agents, and ARDOT 16 4 20 40 8. Update technical specifications for project manual based on revised City of Fayetteville Standard Specifications recently approved by the Arkansas Department of Health 36 4 40 9. Coordinate, inspect and perform location survey on the second phase of geotechnical bores at the project site 2 2 4 1 9 Total Hours 281 14 20 194 8 10 0 99 26 652 Final Design, Amendment 1 (ARDOT Preliminary Engineering - Change Order) $98,610 ENGINEERING SERVICES SUMMARY Highway 112 Utility Relocations, Fayetteville, Arkansas A. Task 1 - Preliminary Engineering Services Approved under Agreement for Professional Engineering Services, June 1, 2021 $36,000 B. Task 2 - Final Design Phase (ARDOT Construction Agreement) Approved under Agreement for Professional Engineering Services, June 1, 2022 $389,800 C. Reimbursable Expenses Approved under Agreement for Professional Engineering Services, June 1, 2023 $40,200 D. Task 3 - Final Design, Amendment 1 (ARDOT Preliminary Engineering - Change Order) $98,610 Total Engineering Fee - Not to Exceed $564,610 202304E Scope of Services Fee Proposal -Amendment 1\Amendment((Task 3)01-17-23 Page loft Page 59 of 634 ARKANSAS STATE HIGHWAY COMMISSION UTILITY CHANGE ORDER UTILITY City of Fayetteville CHANGE ORDER NO. One (PE) JOB NO ROUTE 11WIMA11 FAP NO. CMF-TAPF-9142(48) JOB NAME Truckers Dr. - Howard 112 SECTION 1 COUNTY Washington Nickell Rd. (Fayetteville)(S) DESCRIPTION OF CHANGE: Increase Preliminary Engineering from the amount entered on the PE Agreement of $466,000.00 to the revised estimated amount of $564,610.00, which results in an increase of $98,610.00. REASON FOR CHANGE: Increase Preliminary Engineering due to additions in the scope of work for design. Additional facilities have been included in the relocation plans, and additional engineering is required due to business developments within the project area. Additional coordination is also being required to complete the Owner's relocation proposal. Please see attached estimate. Item Description Present Amount Revised Amount Increase (Decrease) Preliminary Engineering $466,000.00 $564,610.00 $98,610.00 TOTAL 1 $466,000.00 1 $564,610.00 1 $98,610.00 COMPUTATION OF REIMBURSABLE AMOUNT: Reimbursable Percentage: 90.31% (estimated) Present Amount $466,000.00 Reimb. % 90.31% $420,844.60 Revised Amount $564,610.00 1 Reimb. % 90.31% $509,899.29 Overrun $89,054.69 Requested Coordinator Recommended Section Head-Utiliti Section 1 Approved ,Q—^-- LI- Right of Way Division mac; Authorized _ Asst. Chief Lr sneer -Design Job Files\Job #\Funding Date 2-8-2023 Date 2-8-2023 Date 2/8/2023 Date 02-08-2023 M Page 60 of 634 Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 14, 2022 through August 12, 2023"' Engineer VII $ 220 Per Hour Engineer VI $ 200 Per Hour Engineer V $ 175 Per Hour Engineer IV $ 150 Per Hour Engineer III $ 130 Per Hour Engineer II $ 115 Per Hour Engineer I $ 100 Per Hour Engineering Technician Designer I $ 110 Per Hour Technician IV $ 95 Per Hour Technician III $ 85 Per Hour Technician II $ 75 Per Hour Technician I $ 65 Per Hour Field Technician - Field Inspector Resident Project Representative (RPR) $ 120 Per Hour Construction Manager $ 100 Per Hour Inspector II $ 85 Per Hour Inspector I $ 75 Per Hour Field Surveying GPS Survey Surveyor Administrative Business Manager Expert Witness Preparation Testimony, less than 1/2 day Testimony, per Day $ 175 Per Hour $ 125 Per Hour $ 85 Per Hour At Engineer's Hourly Rate $ 2,000 $ 4,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle(2) $0.655 per mile effective l/l/23 Reproduction: Outside printing service Actual Cost In-house printing Letter Copy - B&W $ 0.12 Per Copy Letter Copy - Color $ 0.75 Per Copy 22 x 34 Size Copy - B&W $ 3.00 Per Copy 22 x 34 Size Copy - Color $12.00 Per Copy 22 x 34 Size Copy - Color Photo $ 25.00 Per Copy 11 x 17 Size Copy - B&W $ 1.50 Per Copy 11 x 17 Size Copy - Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each (1) Billing Rates are reviewed and adjusted annually in August. Regardless, any adjustment in Billing Rates will not impact previously negotiated Not To Exceed (NTE) fee amounts without a formal Contract Amendment. (2) To be adjusted periodically to current IRS mileage rate. All Billings are due upon receipt unless prior arrangements for payment have been made. Page 61 of 634 ARKANSAS STATE HIGHWAY COMMISSION UTILITY CHANGE ORDER UTILITY City of Fayetteville CHANGE ORDER NO. One (PE) JOB NO ROUTE 11WIMA11 FAP NO. CMF-TAPF-9142(48) JOB NAME Truckers Dr. - Howard 112 SECTION 1 COUNTY Washington Nickell Rd. (Fayetteville)(S) DESCRIPTION OF CHANGE: Increase Preliminary Engineering from the amount entered on the PE Agreement of $466,000.00 to the revised estimated amount of $564,610.00, which results in an increase of $98,610.00. REASON FOR CHANGE: Increase Preliminary Engineering due to additions in the scope of work for design. Additional facilities have been included in the relocation plans, and additional engineering is required due to business developments within the project area. Additional coordination is also being required to complete the Owner's relocation proposal. Please see attached estimate. Item Description Present Amount Revised Amount Increase (Decrease) Preliminary Engineering $466,000.00 $564,610.00 $98,610.00 TOTAL 1 $466,000.00 1 $564,610.00 1 $98,610.00 COMPUTATION OF REIMBURSABLE AMOUNT: Reimbursable Percentage: 90.31% (estimated) Present Amount $466,000.00 Reimb. % 90.31% $420,844.60 Revised Amount $564,610.00 1 Reimb. % 90.31% $509,899.29 Overrun $89,054.69 Requested Coordinator Recommended U�� aa-4�4.e& Section Head-UtilitidgSection Approved f �^-- Right of \ ay Division mac, Authorized _ Asst. Chief Lr sneer -Design Job Files\Job #\Funding Date 2-8-2023 Date 2-8-2023 Date 2/8/2023 Date 02-08-2023 M Page 62 of 634 HN D. Task 3 - Final Design, Amendment 1 (ARDOT Preliminary Engineering - Change Order) Exhibit B Scope of Services and Fee Proposal Summary Contract Amendment No. 1 Revised Highway 112 Utility Relocations City of Fayetteville, Arkansas HW Project No. 2021048 January 17, 2023 Include with PE Change Order #1 im cirr of F"ETTEVILLE ARKANSAS Highway 112 Utility Relocations, Fayetteville, Arkansas Engr Engr Engr Engr GPS Insp Tech Tech Total Task VII V III I Survey Surveyor I IV I Hours 1. Prepare final design calculations, plans, profiles, details, quantity takeoffs, and cost estimates for an additional 3,200 LF of pipe line 188 8 20 166 4 72 22 480 2. Prepare exhibits for City of Fayetteville's use relative to a rezoning effort for Benedict Preliminary Master Plan and provide review comments 12 4 2 18 on rezoning for the 112 Drive -In Development 3. Research property records and prepare additional utility easement in Highway 112 Business Park for existing utilities along W. Enterprise 1 6 7 Drive 4. Prepare requests and coordinate with ARDOT on proposed right-of-way changes along Arkansas Highway 112 north of Truckers Drive; 16 2 2 20 relocation of proposed ARDOT drainage improvements and elimination of a sanitary sewer relocation on W. Van Ashe Drive; and possible extension of water line improvements along Arkansas Highway 112 north of Howard Nickle Road for future phase of Highway 112 widening 5. Prepare Civil 3D surface model of proposed traffic circle at Arkansas Highway 112 and W. Van Asche Drive to determine location of existing 4 22 26 36-in. transmission line relative to proposed drainage improvements and roadway embankment 6. Attend (1) additional 50 % Design Review meeting and prepare additional plan revisions for pipeline alignment and associated easement 6 2 4 12 updates 7. Attend (3) additional 90 % (Pre -Final) Design Review meetings with City of Fayetteville Utility Department staff, City land agents, and ARDOT 16 4 20 40 8. Update technical specifications for project manual based on revised City of Fayetteville Standard Specifications recently approved by the 36 4 40 Arkansas Department of Health 9. Coordinate, inspect and perform location survey on the second phase of geotechnical bores at the project site 2 2 4 1 9 Total Hours 281 14 20 194 8 10 0 99 26 652 Final Design, Amendment 1 (ARDOT Preliminary Engineering - Change Order) $98,610 Task 4 - Construction Phase Services, Amendment 1 (ARDOT Construction Engineering) )HAF __F Highway 112 Utility Relocations, Fayetteville, Arkansas Task Engr VII Engr V Engr III Engr II GPS Survey Sury Insp I Tech IV Tech I Total Hours 1. Conduct a Pre -Construction Conference with the Owner and Contractor 4 4 4 2 14 a. Prepare and distribute a Meeting Summary 4 4 4 2 14 b. Provide field survey to establish control monumentation 16 4 20 2. Provide full time observation of Contractor's construction activities itl 240 600 4400 160 5400 3. Conduct 24 monthly progress meetings 80 120 120 320 a. Conduct a Concrete Pre -Placement Conference with the Owner and Contractor 4 4 4 12 b. Conduct a coordination meeting with the Owner and the Contractor prior to connecting to the existing 36-inch transmission line 4 4 4 12 c. Conduct a coordination meeting with the Owner and the contractor prior to hydrostatic pressure testing and disinfection of water lines 4 4 8 d. Prepare and distribute Meeting Summaries 8 48 48 80 184 4. Prepare, review, and coordinate the dissemination of construction documentation including materials submittals, requests for information, testing results, field orders, and change orders as directed by the Owner 80 120 120 40 104 464 5. Review the Contractor's construction quantities and materials stored and prepare monthly pay requests for the Owner's consideration and approval 40 48 96 48 232 6. Conduct as -built surveys of completed water and sanitary sewer improvements 64 8 72 7. Coordinate and conduct a final inspection with the Contractor and the Owner 8 8 4 20 a. Prepare and distribute a punch list of deficient construction items for the Contractor to address 4 4 4 12 b. Monitor Contractor's completion of the punch list items and prepare an acceptance recommendation for the Owner 8 8 8 24 8. Prepare Record Drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives 24 20 80 124 Total Hours 240 640 0 1040 80 12 4400 120 400 6932 Construction Phase Services, Amendment 1 (ARDOT Construction Engineering) $667,300 2021048 Scope of Services Fee Proposal -Amendment 1\Proposed Fee Amendment 1-011723 Page 1 of 2 Page 63 of 634 Exhibit B Scope of Services and Fee Proposal Summary Contract Amendment No. 1 Revised Highway 112 Utility Relocations City of Fayetteville, Arkansas HW Project No. 2021048 January 17, 2023 ENGINEERING SERVICES SUMMARY im cirr of F"ETTEVILLE ARKANSAS Highway 112 Utility Relocations, Fayetteville, Arkansas A. Task 1 - Preliminary Engineering Services $36,000 B. C. D. E. Task 2 - Final Design Phase (ARDOT Construction Agreement) Reimbursable Expenses Task 3 - Final Design, Amendment 1 (ARDOT Preliminary Engineering - Change Order) Task 4 - Construction Phase Services, Amendment 1 (ARDOT Construction Engineering) $389,805 $40,200 $98,610 $667,300 Total Engineering Fee - Not to Exceed (1) Inspection time based on a 910-day (30 months) Construction Contract Time (182 calendar days to Materials Delivery, 698 days to Substantial Completion, and 30 days to Final Completion). Materials delivery observation is based on 8 hours per week, full-time construction observation is based on 8 hours per day (Monday through Friday), and periodic inspection is based on 16 hours per week until the originally scheduled final completion date. Construction phase services assume that the City of Fayetteville will also provide a city inspector for periodic inspection during construction. $1,231,910 2021048 Scope of Services Fee Proposal -Amendment 1\Proposed Fee Amendment 1-011723 Page 2 of 2 Page 64 of 634 Mashburn, Keith From: Barry McCormick <Barry.McCormick@hawkins-weir.com> Sent: Thursday, January 19, 2023 11:07 AM To: Mashburn, Keith Cc: Corey Granderson P.E. (cgranderson@fayetteville-ar.gov); Josh Durham Subject: Information for PE Agreement Change Order and CE Agreement - Hwy 112, 2021048 Attachments: 2021048 Scope of Services Fee Proposal - Amendment 1 (draft 01-17-23).pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of ARDOT. Do not click links or open attachments unless you recognize the sender and know the content is safe. Keith This will transmit for your review our updated Scope of Services and Fee Proposal Summary for the Hwy 112 Utility Relocation project, which includes a proposed Change Order for additional Final Design Services (Task 3). As discussed during the coordination meeting with Corey Granderson on January 5, 2023, we understand that the additional Final Design Services fee ($98,610) can be added to Fayetteville's current ArDOT Preliminary Engineering Agreement by Change Order. Please advise if any additional information is needed to execute this change order with ArDOT. The attached fee proposal also includes the proposed fee for the Construction Phase Services ($667,300). As discussed during our January 5 meeting, the City of Fayetteville will also provide inspection services for this project during construction. Our fee for Construction Engineering is based on using both our staff and Fayetteville's staff to inspect the Highway 112 Utility Relocations project. As noted below, Corey has estimated $100,000 for inspection services by Fayetteville staff. Corey has also estimated a labor expense of $30,000 for Fayetteville's land agents in acquiring the necessary utility and temporary construction easements for this project. Please let me know if you need any additional information to prepare the Construction Engineering Agreement with Fayetteville. See also Corey's highlighted questions below — please advise on the timing of taking our Engineering Services Amendment to the City of Fayetteville. If you have any questions, please call. Copy to File: Hwy 112 Utility Relocations, 2021048 Barry K. McCormick, P.E., Principal Hawkins -Weir Engineers, Inc. P.O. Box 648, 110 South 7th St., Van Buren, AR 72957 (P) 479.474.1227 - (F) 479.474.8531- (M) 479.883.2570 Licensed Professional Engineer in Arkansas and Oklahoma From: Granderson, Corey <cgranderson@fayetteville-ar.gov> Sent: Wednesday, January 18, 2023 9:25 AM To: Barry McCormick <Barry.McCormick@hawkins-weir.com> Page 65 of 634 Cc: Brett Peters <Brett.Peters@hawkins-weir.com>; Josh Durham <Josh.Durham@hawkins-weir.com> Subject: RE: Proposal for Amendment 1 - Final Design CO & Construction Phase Services - Hwy 112 2021048 Barry — I do not have any comments on these, thank you for preparing. Here are some of my next thoughts: 1. Brandi's time can be estimated at $30,000 for easement acquisition. 2. City Inspection time can be estimated at $100,000 for a placeholder. 3. We now have all numbers and dates to complete Keith's relocation agreement, correct? a. We need to get everything to Keith so that he can draft the agreement and get ARDOT reviews started, which include the construction plan set review. b. Is there any other info lacking for the agreement document? 4. 1 need to understand when to run the Fayetteville/HW contract amendment through Committee/Council. I realize this might be a Keith question, but curious: a. Can a PE Agreement change order be fully executed, AND the relocation agreement be approved by ARDOT for Fayetteville signature, then I execute the amendment to our contract? b. I hesitate to run our amendment through without these items from ArDOT since reimbursement is on the line. Best, Corey W. Granderson, P.E. Utilities Engineer City of Fayetteville, Arkansas caranderson(@favetteville-ar.aov 479.444.3452 www.favetteville-ar.aov airy or- FATETTEYNLLE ■RRAN Ad From: Barry McCormick < Barry. McCormick@hawkins-weir.com> Sent: Tuesday, January 17, 2023 4:07 PM To: Granderson, Corey <cgranderson@favetteville-ar.aov> Cc: Brett Peters <Brett.Peters@hawkins-weir.com>; Josh Durham <Josh.Durham @hawkins-weir.com> Subject: Proposal for Amendment 1 - Final Design CO & Construction Phase Services - Hwy 112 2021048 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. Corey Attached for your review are draft copies of a proposed Scope of Services and a Fee Proposal for Amendment 1 to our Engineering Services Agreement on the Highway 112 Utility Relocations Project. The scope and fee proposal are divided into two (2) tasks. • Task 3 is for the additional Design Phase Services that were previously proposed for preparing the construction plans and bidding documents. It is my understanding from our 01/05 meeting with Keith Mashburn, that these additional design services can be added by Change Order to the ArDOT "Preliminary Engineering Agreement." • Task 4 is for the proposed Construction Phase Services for the Highway 112 project. Page 66 of 634 Please review and advise if you have any questions or need any additional information. Once we are in agreement on the Task 3 and Task 4 fee totals, we can provide the estimated Construction Engineering amount to Keith Mashburn. I am assuming that you will need to provide a separate estimate for providing a COF inspector for the construction period, as well as an estimate of the easement acquisition expenses. Barry K. McCormick, P.E., Principal Hawkins -Weir Engineers, Inc. P.O. Box 648, 110 South 7th St., Van Buren, AR 72957 (P) 479.474.1227 - (F) 479.474.8531- (M) 479.883.2570 Licensed Professional Engineer in Arkansas and Oklahoma Page 67 of 634 Rev. 08/07/2017 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY - UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. 040746 (Utilities) FAP No. CMF-9142(48) Job Location Truckers Dr. - Howard Nickell Rd. (Fayetteville)(S) Route 112 Section 1 Utility Owner City of Fayetteville Consultant Hawkins -Weir County Washington Engineers, Inc. THIS AGREEMENT, made and entered into this 21st day of July 20 21 , by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas Department of Transportation, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department" and the City of Fayetteville, Arkansas acting by and through its duly authorized representatives, hereinafter referred to as the "Owner" WITNESSETH: (1) The Department proposes to make highway improvements and the Owner is required to adjust or relocate its facilities, as necessary, to clear highway construction. (2) The Owner is not adequately staffed to carry out the necessary preliminary engineering and has requested the services of the licensed engineering company of Hawkins -Weir Engineers, Inc. to perform the following services. a. Make all necessary field surveys and investigations and subsequently prepare complete plans, estimate of costs, and construction specifications. b. Furnish four (4) copies of plans, specifications, etc. for Department review and approval. c. If construction work is to be performed by other than Owner's forces, prepare all necessary documents to secure bids and let a contract for the proposed work. d. Conduct bid opening and complete contract documents. Page 1 of 3 Page 68 of 634 Rev. 08/07/2017 Job 040746 City of Fayetteville (3) The Owner has entered into a contract with the consultant, subject to the Department's approval, and has furnished a copy which is attached and made part of this agreement. The estimated costs are not to exceed $ 466,000.00. (4a) The cost of preliminary engineering services shall be eligible for actual cost reimbursement from the Department at the same ratio as the adjustment of Owner's facilities are eligible. (4b) Owner agrees to retain cost records and accounts for inspection and audit for a period of three (3) years from the date of final payment. (5) The consultant shall begin work 10 calendar days after receiving written authorization from Owner and complete 300 calendar days thereafter. (6) The Department may suspend or cancel the work under this contract at any time. Reimbursement will be made, in a proportionate amount, for any services performed by the consultant prior to the receipt, by the Owner, of written notice of cancellation. (7) Owner shall be responsible for any and all hazards to persons, property, and traffic. With respect to traffic control, owner shall adhere to the requirements of the Manual of Uniform Traffic Control Devices, as amended and supplemented. (8) This agreement is governed by all applicable State and Federal laws, rules, and regulations including the Arkansas State Highway Commission Utility Accommodation Policy adopted by Commission Minute Order 2010-146 as amended and supplemented, the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended and supplemented. (9) To the extent applicable to this agreement, the Owner shall comply with the Buy America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410). The Owner is not required to change its existing standards for materials as long as the Buy America requirements are met. Buy America requirements take precedence over regulations pertaining to the accommodation or regulation of the Owner's facilities (as specified in 23 CFR 645) on contracts and agreements involving Federal -Aid Highway Program funding and precedence over regulations which allow the Owner to furnish materials from company stock (as specified on 23 CFR 645.117(e)). Company Stock materials that do not meet Buy America requirements may not be permanently incorporated into a Federal -Aid Highway Program funded project. The Owner must provide a definitive statement that all products permanently incorporated into the project are covered under the Buy America requirements. This requirement is fulfilled via proper signature and submission of the statement of charges form. In some circumstances, a waiver of the Buy America requirements may be granted by the Federal Highway Administration, to be determined on a project -by -project basis. Page 2 of 3 Page 69 of 634 Rev. 08/07/2017 Job 040746 City of Fayetteville (10) Subject to the terms and conditions herein, neither the Owner nor the Department by execution of this agreement waives or relinquishes any rights which either may legally have within the limits of the law or constitution either State or Federal. City of Fayetteville Lioneld Jordan Name (Typed or Printed) 71-6018462 FEDERAL TAXPAYER IDENTIFICATION # Kara Paxton Name (Typed or Printed) ARKANSAS HIGHWAY COMMISSION Acting By and Through The ARKANSAS DEPARTMENT of TRANSPORTATION (Fo Dire for ,�--Right of Way Division Head Section Heid-Utilities Section City Cleric Treasurer r1+10 11, TitleGRTY Signature r1�� f01y� o\1 %%► Page 3 of 3 Page 70 of 634 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-785 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Hawkins -Weir Engineers - Amendment No. 1 for 1-49 & MILK Interchange Project RECOMMENDATION: Staff recommends approval of Amendment No. 1 to the engineering services agreement with Hawkins -Weir Engineers, Inc. for professional services associated with ArDOT Project 040846 Utility Relocations along Martin Luther King Jr. Blvd. at the 1-49 & Hwy-62 Interchange in an amount not to exceed $276,110.00. BACKGROUND: ArDOT previously notified the City of Fayetteville to relocate water and sewer infrastructure along Highway 62 where they will be widening the roadway, reconstructing the 1-49 overpass, and creating a new overpass at 15th Street. After receiving this notification, a formal selection committee was held on September 8, 2022 at which Hawkins -Weir was selected for contract negotiations (RFQ 21-01, Selection #14). The project includes water distribution and sanitary sewer collection system relocation of approximately 3,600 linear feet of 8-inch water mains, 1,030 linear feet of 10-inch and smaller sanitary sewer mains, 1,500 linear feet of 12-inch water mains, 3,710 linear feet of 12-inch through 15-inch sanitary sewer mains, 6,490 linear feet of 18-inch through 24-inch water mains, 1,590 linear feet of 18-inch through 24-inch sanitary sewer mains, and 325 linear feet of 30-inch water transmission main. The project also includes the relocation or elimination (dependent on the extension of the 15-inch sanitary sewer main) of one sanitary sewer pump station. Much of this project appears to be reimbursable to the City by ArDOT, however preliminary engineering is underway to determine exact qualifications. Afterwards, a formal relocation agreement will be presented to the City Council outlining the terms of reimbursement. DISCUSSION: Amendment No. 1 will advance the design from 30% to 100% bid -ready plans and specifications for just the relocations necessary near the 15th Street improvements. ArDOT has expressed intent to construct this area first and therefore all utilities are focusing efforts here prior to MLK Blvd. Future contract amendments will be proposed for final engineering effort on the remainder of the project, and also for construction phase services when portions of the project advance through bidding. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 71 of 634 The breakout of the split between the two G/L accounts is below: G/L Account Project Amount 5400.720.5600-5314.00 11011.2301 $179,471.00 5400.720.5700-5314.00 11011.2301 $96,639.00 Total $276,110.00 BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Relocations - Bond Projects account within the Water & Sewer fund. ATTACHMENTS: SRF Hawkins -Weir Engineers 1-49 and MLK, Amendment No. 1 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 72 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-785 Hawkins -Weir Engineers - Amendment No. 1 for I-49 & MLK Interchange Project A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $276,110.00 FOR ADDITIONAL DESIGN SERVICES FOR UTILITY RELOCATIONS ASSOCIATED WITH THE I-49/MARTIN LUTHER KING, JR. BOULEVARD INTERCHANGE PROJECT WHEREAS, on February 7, 2023, the City Council passed Resolution No. 30-23 approving a Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. for engineering services associated with the utility relocations at the I-49 and Martin Luther King, Jr. Boulevard Interchange Project; and WHEREAS, Amendment No. 1 to the contract with Hawkins -Weir Engineers, Inc. will provide for costs associated with additional design services for relocations near the 15th Street improvements, a portion of which is expected to be reimbursed by the Arkansas Department of Transportation. 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. 1 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $276,110.00 for additional design services for utility relocations near the 15th Street improvements associated with the I-49/Martin Luther King, Jr. Boulevard Interchange Project, as shown in the scope of services attached to Amendment No. 1. Page 1 Page 73 of 634 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-785 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of Amendment No. 1 to the engineering services agreement with Hawkins -Weir Engineers, Inc. for professional services associated with ArDOT Project 040846 Utility Relocations along Martin Luther King Jr. Blvd. at the 1-49 & Hwy-62 Interchange in an amount not to exceed $276,110.00. Budget Impact: 5400.720.5600-5314.00 5400.720.5700- 5314.00 Account Number 11011.2301 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 and Sewer Fund Water/Sewer Relocations - Bond Projects Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 5,903,062.00 $ 1,891,558.85 r- 4,011,503.15 $ 276,110.00 3,735,393.15 Previous Ordinance or Resolution # Approval Date: V20221130 Page 74 of 634 AMENDMENT NO. 1 TO THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS F_11►17 HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Utility Relocation for I-49/MLK Interchange (HW Project No. 2022129), dated February 7, 2023, 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. 1. SECTION 1— SCOPE OF SERVICES 1.1 Amendment No. 1 is for Task 2 - Preliminary Engineering Agreement associated with the Final Design Phase of the Utility Relocation for I-49/15th Street Interchange project. Additional services are detailed in the Engineer's attached Scope of Services dated May 4, 2023. SECTION 2 — TIME OF SERVICE 2.1 Engineer will proceed with providing the services set forth herein immediately upon execution of this Authorization by all parties. 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 Two Hundred Seventy Six Thousand One Hundred Ten and 00/100 Dollars ($276,110.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $544,550.00, and the adjustment includes $7,500 for geotechnical services. The total not to exceed reimbursable expenses is adjusted to Fifty Two Thousand Five Hundred and 00/100 Dollars ($52,500). 2022129 Amendment 1 - 15th Street.docx Page 1 of 2 May 4, 2023 Page 75 of 634 Attachments: Exhibit A — Scope of Services dated, May 4, 2023 Exhibit B — Scope of Services and Fee Proposal, dated May 4, 2023 Exhibit C — Standard Hourly Billing Rate Structure, effective August 14, 2022 AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. _P r By: IS Wrrycormick, P.E. Cecretary Date: 5 // 6 /2023 2022129 Amendment 1 - 15th Street.docx Page 2 of 2 Honorable Lioneld Jordan, Mayor May 4, 2023 Page 76 of 634 Exhibit A — Preliminary Engineering Agreement _ Scope of Services 9% hN Utility Relocations for 1-49/151h Street Interchange Fayetteville, Arkansas CITY OF FAYETTEVILLE HW Project No. 2022129 ARKANSAS May 4, 2023 Further Description of Basic Engineering Services and Related Matters: Scope The Utility Relocations for the 1-49/15th Street Interchange project include the relocation of publicly owned utilities to precede the roadway improvements to West 15th Street at the proposed crossing of Interstate 49 (1-49) by the Arkansas Department of Transportation (ARDOT). The ARDOT project includes the extension of West 15th Street for an overpass of 1-49 with two (2) traffic circles, entrance and exit ramps, and box culvert structures under West 15th Street and South Futrall Drive. The utility relocation project will consist of an estimated 2,014 linear feet of 18-inch water main, 216 linear feet of 12-inch sanitary sewer, 15 linear feet of 24-inch sanitary sewer, and 399 linear feet of 30-inch sanitary sewer. TASK 1 — Preliminary Engineering Services — Preliminary Design Phase 1. Project Management and Administration — Preliminary Engineering a. Prepare and submit a Certification of Consultant to ARDOT for the project b. Attend ARDOT's Pre -Construction Meeting(s) for the highway improvement project on behalf of the Owner. Provide updates and answer questions regarding the relocation of the Owner's facilities 2. Topographic Surveys a. Utilize ARDOT baseline (with references) along centerline of existing roadway. Set monuments at approximate 500-foot intervals and, if necessary, at intervisible points in between. The monuments and baseline shall not interfere with traffic flow and will not require survey crew to enter traffic flow b. Locate all existing structures, streets, driveways, storm drains, utilities, fences, trees, landscaping, and other features within 50 feet of proposed public utility improvements 3. Assist the Owner in negotiations and preparing documents required to enter into a Highway — Utility Construction/Relocation Agreement with the Arkansas State Highway Commission a. Prepare and submit a Preliminary Engineering (PE) proposal for ARDOT's review in accordance with ARDOT's Utility Accommodation Policy Review available Record Documents and other information provided by the Owner to determine the extent of the Owner's existing facilities that will potentially be impacted by ARDOT's proposed construction limits and/or rights - of -way 2022129\Exhibit A - PE Agreement - 15th Street (05-04-23) Page 1 of 7 Page 77 of 634 Exhibit A — Preliminary Engineering Agreement _ Scope of Services hN Utility Relocations for 1-49/15t' Street Interchange Fayetteville, Arkansas CITY OF FAYETTEVILLE HW Project No. 2022129 ARKANSAS May 4, 2023 ii. Based on the information provided by the Owner and the topographic survey, develop preliminary exhibits or drawings required to illustrate the anticipated scope of the Owner's existing facilities that will require relocation iii. Based on information provided by the Owner and the topographic survey, develop a preliminary list of the Owner's existing facilities that are anticipated to require relocation to avoid conflict with ARDOT's proposed improvements. This list will include an estimated breakdown of the existing facilities to be relocated by diameter and estimated length iv. Participate in an in -person meeting with the City of Fayetteville to finalize the preliminary list of facilities. A meeting with ARDOT and their Construction Manager General Contractor (CMGC) will be scheduled after the preliminary list of facilities is finalized V. Prepare a preliminary estimate of the anticipated construction cost based on the identified scope of the Owner's existing facilities to be relocated. Include a separate accounting of any betterments that the Owner chooses to include in the relocation project vi. Using ARDOT Right -of -Way mapping and the location of the Owner's existing facilities from the information provided by the Owner, develop a preliminary reimbursement eligibility ratio. This ratio will provide an accounting of the linear footage of the Owner's existing facilities claimed in private easement to the total linear footage of the Owner's existing facilities to be relocated. Obtain and review title information from Waco Title Company for assessment of easements and ARDOT Right -of -Way vii. Prepare a preliminary schedule for the project including the anticipated dates for starting and completing the relocation design, bidding, and construction, including any consideration for project phasing b. Following ARDOT's approval of the PE proposal and subsequent execution of a PE Agreement between the Owner and ARDOT, prepare and submit a Construction Agreement proposal for ARDOT's review in accordance with ARDOT's Utility Accommodation Policy 2022129\Exhibit A - PE Agreement - 15th Street (05-04-23) Page 2 of 7 Page 78 of 634 Exhibit A — Preliminary Engineering Agreement Scope of Services hW Utility Relocations for 1-49/15t' Street Interchange Fayetteville, Arkansas HW Project No. 2022129 May 4, 2023 TASK 2 — Preliminary Engineering Services — Final Design Phase 1. Project Management and Administration a. Prepare correspondence and consultation with Owner I� CITY OF FAYETTEVILLE ARKANSAS b. Develop a detailed project schedule that outlines the tasks and major milestone dates for the Final Design Phase c. Prepare a monthly status report for submission with each invoice 2. Utility Coordination a. Obtain location and size of existing and proposed overhead and underground utilities from the CMGC b. Using utility field survey data, atlas mapping, and information from CMGC, plot existing and proposed utilities on plans c. Attend meetings with CMGC and utility companies to discuss necessary adjustments or relocations d. Perform field locates by using spot digging performed by Owner and/or CMGC 3. Preliminary Design Phase (50% Design Phase) a. Manage a geotechnical soils investigation by a subconsultant, GTS, Inc. b. Prepare preliminary plans (horizontal scale of drawings to be 1-inch equals 20 feet or larger, and vertical scale to be 1-inch equals 5 feet or larger). Cross section scale to be 1-inch equals 10 feet horizontal and 1-inch equals 5 feet vertical or larger, including the following information: i. Proposed alignments of pipelines and roads ii. Existing and proposed surface profiles iii. Pipelines, roads, and structures detailed in the profile view iv. Buried utility crossing depths shown in profile v. Pipeline crossing locations (streams and roads) vi. Proposed utility easements and temporary construction easements c. Prepare exhibit showing anticipated easement acquisitions for the project. Prepare property descriptions and exhibits in a format approved by the Purchasing Department for the Owner's acquisition of utility easements and/or temporary construction easements 2022129\Exhibit A - PE Agreement - 15th Street (05-04-23) Page 3 of 7 Page 79 of 634 Exhibit A — Preliminary Engineering Agreement _ Scope of Services hW Utility Relocations for 1-49/15t' Street Interchange Fayetteville, Arkansas CITY OF FAYETTEVILLE HW Project No. 2022129 ARKANSAS May 4, 2023 d. Prepare 50% Opinion of Probable Construction Cost e. Submit one (1) full-size copy and one (1) PDF copy of the 50% Design Plans, as well as a copy of the Opinion of Probable Construction Cost f. Participate in 50% Design Review Meeting within thirty (30) days following submittal of the 50% Design Documents 4. Pre -Final Design Phase (90% Design Phase) a. Prepare final design calculations, plans, profiles, details, cross sections, street crossings, traffic detours and other items. Final plans shall incorporate comments from the 50% Design Review Meeting, evaluation data, record drawing information, and information obtained during site visits i. Prepare construction details which depict all typical items, including but not limited to fire hydrants, valves, vaults, manholes, and bores utilizing the City of Fayetteville format and standard detail drawings where applicable ii. Prepare traffic control plans in accordance with the MUTCD standards and ARDOT requirements iii. Prepare stormwater and erosion control measures on plans. As needed, prepare a Stormwater Pollution Prevention Plan in accordance with the requirements of ADEQ General Permit ARR150000, Part 11, Section A.4 iv. Prepare plans identifying existing facilities that are to be removed b. Prepare final notes on plans to fully describe the construction work to be performed c. Identify material to be used under the Build America, Buy America Act (BABAA) requirements d. Prepare Specifications and Contract Documents. The City will provide templates for the front-end documents e. Provide construction bid proposal form in electronic format, meeting the City of Fayetteville's requirements f. Prepare Final Opinion of Probable Construction Cost g. Perform QA/QC Review of Final Plans and Specifications h. Submit one (1) full size copy and one (1) PDF copy of the 90% Design Plans, as well as a copy of the Final Opinion of Probable Construction Cost and Specifications 2022129\Exhibit A - PE Agreement - 15th Street (05-04-23) Page 4 of 7 Page 80 of 634 Exhibit A — Preliminary Engineering Agreement _ Scope of Services hN Utility Relocations for 1-49/15t' Street Interchange Fayetteville, Arkansas CITY OF FAYETTEVILLE HW Project No. 2022129 ARKANSAS May 4, 2023 i. Prepare permits (ADEQ STAA, ADEQ Stormwater Discharge Permit, ADEQ Hydrostatic Discharge Permit, ARDOT Utility Permit, and USACE Section 404) j. Assist the City's Appraiser and Right -of -Way Acquisition Agent k. Participate in 90% Design Review Meeting within thirty (30) days following submittal of the 90% Design Documents 5. Final Design Phase (100% Design Phase) a. Incorporate any QA/QC Review Comments and 90% Design Review Comments b. Submit one (1) full-size copy, one (1) half-size copy and one (1) PDF copy of the "Issued for Bid" (IFB) Plans, IFB Specifications, and the Final Opinion of Probable Construction Cost c. Submit the Final Plans, Contract Documents, and an Opinion of Probable Construction Cost to the Arkansas Department of Health for review and respond to any questions or comments d. Submit the Final Plans, Contract Documents, and an Opinion of Probable Construction Cost to ARDOT for review and respond to any questions or comments 6. Advertising and Bidding Phase a. Provide one (1) PDF copy of the IFB Plans and Specifications updated with the Owner's project number for use in the Owner's electronic procurement portal, Ion Wave. The Owner will maintain the official list of plan holders b. Prepare any necessary addenda for the project c. Attend Pre -Bid Conference and Site Visit to assist the Owner in answering questions concerning the project d. Participate in the Bid Opening (virtually) e. Review bids and prepare a recommendation to the Owner for the award of a Construction Contract f. Assist in the preparation of Contract Documents for execution between the Owner and Contractor 2022129\Exhibit A - PE Agreement - 15th Street (05-04-23) Page 5 of 7 Page 81 of 634 Exhibit A — Preliminary Engineering Agreement _ Scope of Services hN Utility Relocations for 1-49/15t' Street Interchange Fayetteville, Arkansas CITY OF FAYETTEVILLE HW Project No. 2022129 ARKANSAS May 4, 2023 TASK 1 — Preliminary Engineering Services: Utility Relocations for I-49/MLK a. The Preliminary Design Phase (TASK 1) for the I-49/MLK Utility Relocations Project is already under contract with the City of Fayetteville but has not been incorporated into a Preliminary Engineering Services Agreement with ARDOT. Work on TASK 1 for I-49/MLK will continue concurrently with the Preliminary and Final Design Phase work for the I-49/15th Street Interchange Utility Relocation Project Construction Engineering Services — Construction Phase a. Construction Phase Services for the I-49/151h Street Utility Relocation Project are not included in this Scope of Services General a. The Engineer should anticipate a 30-calendar day review period by the City staff between the completion of one phase and the beginning of the following phase. Additional time may be required for review by agencies b. The Plans, Specifications and Contract Documents authorized by this Agreement shall be prepared to allow construction bids to be received and construction to be performed under one (1) Construction Contract for I-49/15th Street Interchange Utility Relocations c. Subcontracting of services by the Engineer shall have prior approval of the Owner Exclusions to the Scope of Services a. Construction Observation or Administration services including submittal review, review or preparation of payment requests, assessment of substantial/final completion, review of Contractor's conformance to construction documents, and preparation of Record Drawings. Any Scope of Services for Construction Phase Services will be considered under a separate Agreement or Amendment to this Agreement b. Environmental assessment or evaluation of the site Attachment A — Project Location Map 2022129\Exhibit A - PE Agreement - 15th Street (05-04-23) Page 6 of 7 Page 82 of 634 Ny � <O G�A y0 , << W. CENTER ST. O� W. STONE ST. w Q (7 z o ui u > a Ln z O w 'J z w x w Y EL R LJ N F P�M�NG�oN o �� o o G8�v0 Lu MPR��NO3" m_ o G� �O WEST 15TH ST. z � U_ CROWNE DR. Z PROJECT LOCH TION N Q O 0 ILLoy J Z_ �1 > F- ILLLi 18TH ST. w r a w I w c� z U w Y NG �Q• m o� Gof o F- Q U O J w 0_ F J 0) HAWKINSoWEIR UTILITY RELOCATIONS FOR I-49 / 15th STREET INTERCHANGE N N ENGI N E E R S, i N c. 15TH STREET PROJECT LOCATION MAP � N(479) Van Buren Fort Smith Fayetteville Little Rock 474-1227 I (479) 242-4685 I (479) 455-2206 I (501) 374-4846 FOR: CITY OF FA YETTEVILLE, ARKANSAS N www.hawkins-weir.com MAY2023 SCALE: 1"-1200' 2022129 Page 83 of 634 W m ((00 N N N 7 (00 ( oOD (00 ( J CR J y y (O (O W m M (O ENAQ Q F U O > N W Z ai FFQ > �W`lz T:° a a a a o m ao O(o r Q m 0 2 N N N N V N V N Q a LL m L U L U _ m C F N 2 U) U ° L —_ 60 m —N 0) O m N_ O C O (7 T a 2 ^ m O � CJ U) � c m 'U L > U � N M m H � d � � W t _ V M r O V N CL — O cn N C> W F F N N (V a � m a7 C N m a e N N Lm W co cop m O N V3 mr-Q Z L N X W L w O — Co N >a O ❑ h d c ° n c y iaLL= n U it U 2 o O O m r cm w O Cl) a E m T o h 7 a = m E c a N U d 2 U m U m E 2) LO N s o O a m J E C U m C E U a O m ID d m c mo a y 3 ❑ N Y �O U m m L L a E N L t O N N U L C C m 0)o m O 0I cn °N E a a 0 c c M N c° a w O C m U m E r — a N_ C O 0) C) O C N 2 $ m r N U m C N W o c L a y O X m o (d m U c 2 a m° U a c E > V C m d C a N T a1 0 C U Z N L y 3 m L a) C d L m E`6 m " E y m 2° c O c O C mO O c o c° N d m O a a U m E m C U= m (� tll m 2 0 n> 2 �- 72 a@ O m m .O c m Q E E H c m 2 2 U aci `ot maq o aaa �O� 7o¢a W 2 a ni a ci � ai a ci o Q 2 N a O (0 (0 Cl) EA O W V N fA O W O (0 N EA O O p W M O n M fA fA O O WIt O a0 M M fA fA O O N oD (O V n V fA � O It aD ID fA 00 O p 0) � N _ E1J O N O N EA O O N N 7 N N M 7 0) 100 (M p N NN v N ao — 00 � 00 00 aD aD (° aD aD 7 7 O V 00 00 a0 a0 aD p a0 M V V 7 � V C L v a) a U o E co a c > > C C O U m N> O T ❑ c U (p0 m O 2) r L O` OO m w p co @ E N N a 0 C N N f0 > U C m a UC m c° OID O F L C T E N r m N O i O N y 0 c T C N L m N 0 C p (n a o m p N D E co C ° N m= `" r .Lm-. ° T r 3 c 2 0 3 m 4 m° N c o CD a• m U❑ o a U o c c N O N m U m O U a N y mow o a n 0 m m (D m m O 2 a 3 m m o U N U C 0 � C n ry C y N a C O .-: j N 2m0 m n o (n L m 2 a m a E a m m 0 m :i C .LMN c V C m m N C Y r N m 0 3 > N m C N@ a J N L i m m T 0 1] C m ❑ 5 m a 2mom'naa°o>oam a 75 A Z5c m c c N o h m° 2 a a., o m 'N m U n� m E O m O C� m 3 m O O N ❑ a L N L N U C? 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O V M N V fA O a) W aD EA V V c0 O N V N 0 Lo (O M 7 N 0 � N to a m y a a E 3 y c m r U O () U C m o (J o d U o a m N Yo c p o - U U c m y c 2 m Q C m o c Y E � U 3 m O o m n1 � M C w� o N C _o O m 3 O '� U C a� Y 3 O D axi o d U Z C 'C O O U VNl N m C N (n O O O O E C ao U LL o y r E m c _ mo mSoo c m o m C)L N O. f,o U y m O c_ mw m m y w.p c y m a N c❑ `o !A a� N (mi U m Q m o (� y y c :p C m n F ° 3 O m y m ` @ o m an d .m. a a m (n 'O a '� n 3 'U c 2 U C_ C N o o m y m m C >'v y :4 m E y 0 a r a¢ a w a Q O m a U �-6 m w O O N O O � (O O N ID 0 c O fA fA y � n a�44 d d 10 m IM C U m 0 N N U) m 7 O C O 0 12 C m° C U o 'c O. L N y O � C7 m N a m ❑ LL N 2 U) N C y o d K a c w m } w Q a E y w E U) o LL m m o a w a c mp U N y m U E w U)w U) C 'mW o W U' N N p Z A 5 E R w EO _ w 0 F E W m cZ-9 a Z w 71 O N Page 85 of 634 Exhibit C Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 14, 2022 through August 12, 2023"' Engineer VII $ 220 Per Hour Engineer VI $ 200 Per Hour Engineer V $ 175 Per Hour Engineer IV $ 150 Per Hour Engineer III $ 130 Per Hour Engineer II $ 115 Per Hour Engineer I $ 100 Per Hour Engineering Technician Designer I $ 110 Per Hour Technician IV $ 95 Per Hour Technician III $ 85 Per Hour Technician II $ 75 Per Hour Technician I $ 65 Per Hour Field Technician - Field Inspector Resident Project Representative (RPR) $ 120 Per Hour Construction Manager $ 100 Per Hour Inspector II $ 85 Per Hour Inspector I $ 75 Per Hour Field Surveying GPS Survey Surveyor Administrative Business Manager Expert Witness Preparation Testimony, less than 1/2 day Testimony, per Day $ 175 Per Hour $ 125 Per Hour $ 85 Per Hour At Engineer's Hourly Rate $ 2,000 $ 4,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle(2) $0.655 per mile effective l/l/23 Reproduction: Outside printing service Actual Cost In-house printing Letter Copy - B&W $ 0.12 Per Copy Letter Copy - Color $ 0.75 Per Copy 22 x 34 Size Copy - B&W $ 3.00 Per Copy 22 x 34 Size Copy - Color $12.00 Per Copy 22 x 34 Size Copy - Color Photo $ 25.00 Per Copy 11 x 17 Size Copy - B&W $ 1.50 Per Copy 11 x 17 Size Copy - Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each (1) Billing Rates are reviewed and adjusted annually in August. Regardless, any adjustment in Billing Rates will not impact previously negotiated Not To Exceed (NTE) fee amounts without a formal Contract Amendment. (2) To be adjusted periodically to current IRS mileage rate. All Billings are due upon receipt unless prior arrangements for payment have been made. Page 86 of 634 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: KLM Engineering, Inc. - Water Storage Tank Inspections RECOMMENDATION: 2023-786 Staff recommends approval of an engineering services agreement with KLM Engineering, Inc. for Water Storage Tank Inspection Services in an amount not to exceed $36,062.00, and approval of a project contingency in the amount of $7,212.40. BACKGROUND: The Arkansas Department of Health (ADH) requires water storage tank inspections be performed on a maximum 5-year interval. Most of the City's water tanks are due for this inspection service, including: • Baxter 1-MG and 5-MG Ground Storage Tanks • Rogers Drive twin 4-MG Ground Storage Tanks • Mt. Sequoyah 250,000-gal Elevated Storage Tank • Kessler Mountain twin 6-MG Ground Storage Tanks • Goshen 300,000-gal Ground Storage Tank • Round Mountain 100,000-gal Standpipe • Gulley Road 750,000-gal Elevated Storage Tank • Surge Tank 250,000-gal Standpipe • Canterbury 500,000-gal Elevated Water Storage Tank DISCUSSION: KLM Engineering, Inc. is a specialty firm focused on all aspects of water storage tank design, inspection, and rehabilitation. They were selected in RFQ 23-01, Selection #3 to provide engineering services. Their expertise will be used to meet all ADH reporting requirements and to make recommendations and cost estimates for future rehabilitation needed. Inspecting many tanks at once provides an economy -of -scale savings benefit to the utility. BUDGET/STAFF IMPACT: Funds are available in the Water Tank Improvements account within the Water & Sewer fund. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 87 of 634 ATTACHMENTS: SRF KLM Engineering, Engineering Services Agreement Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 88 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-786 KLM Engineering, Inc. - Water Storage Tank Inspections A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH KLM ENGINEERING, INC., PURSUANT TO RFQ #23-01 SELECTION #3, IN AN AMOUNT NOT TO EXCEED $36,062.00 FOR WATER STORAGE TANK INSPECTIONS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $7,212.40 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a professional engineering services agreement with KLM Engineering, Inc., pursuant to RFQ #23-01 Selection #3, in an amount not to exceed $36,062.00 for water storage tank inspection services, and further authorizes a project contingency in the amount of $7,212.40. Page 1 Page 89 of 634 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-786 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of an engineering services agreement with KLM Engineering, Inc. for Water Storage Tank Inspection Services in an amount not to exceed $36,062.00, and approval of a project contingency in the amount of $7,212.40. 5400.720.5600-5314.00 Account Number 14010.1 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: Water and Sewer Fund Water Tank Improvements Project Title Total Amended Budget $ 2,474,895.00 Expenses (Actual+Encum) $ 413,964.14 Available Budget Is 2,060,930.86 Item Cost $ 43,274.40 Budget Adjustment $ - Remaining Budget Is 2,017,656.46 Previous Ordinance or Resolution # Approval Date: V20221130 Page 90 of 634 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And KLM ENGINEERING, INC. THIS AGREEMENT is made as of , 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and KLM Engineering, Inc. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. KLM Draft Contract Page 91 of 634 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Utilities Director shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's 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. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 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. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION S - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $36,062.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a Lump Sum basis as described in Appendix A. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall KLM Engineering, Inc. 2 Page 92 of 634 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 the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 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, ENGINEER 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 ENGINEER 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 ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance KLM Engineering, Inc. 3 Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim Page 93 of 634 ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER 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 ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 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: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. KLM Engineering, Inc. 4 Page 94 of 634 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 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 ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER 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 Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. KLM Engineering, Inc. Page 95 of 634 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, 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 Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 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. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) 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. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER 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 ENGINEER 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 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER'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 ENGINEER CITY OF FAYETTEVILLE may require KLM Engineering, Inc. rt Page 96 of 634 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 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. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER 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 ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER 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. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: KLM Engineering, Inc. CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 KLM Engineering, Inc.'s address: 1976 Wooddale Drive, Suite 4 Woodbury, MN 55125 7 Page 97 of 634 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall 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. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER'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 ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising KLM Engineering, Inc. Page 98 of 634 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER 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. ENGINEER shall also maintain the financial information and data used by ENGINEER 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. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, 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. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 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 subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER 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 ENGINEER 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 KLM Engineering, Inc. g Page 99 of 634 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER'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, 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 ENGINEER 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. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER 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 OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk Title AyA/,X,/t ✓r f � ���aokil��� �l _Y�\ Linda Gna�doskey, Administrative Assistant END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES KLM Engineering, Inc. 10 Page 100 of 634 worth rowel elf 11 April 18, 2023 Mr. Corey Granderson Utilities Engineer City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Corporate Office 1976 Wooddale Drive, Suite 4 Woodbury, MN 55125 APPENDIX "A" - SCOPE OF SERVICES REGARDING: 1. Baxter 1.0MG GSR 2. Baxter S.00MG GSR 3. Rogers 4.OMG GSR 4. Rogers 4.OMG GSR S. Mt. Sequoyah .25MG EWT 6. Kessler Mtn. 6.OMG GSR Fayetteville, Arkansas Dear Mr. Granderson: Sent via Email Only 7. Kessler Mtn. 6.OMG GSR 8. Goshen .30MG GSR 9. Round Mtn..10MG Standpipe 10. Gulley Road .75MG EWT 11. Surge .25MG Standpipe 12. Canterbury .50MG EWT KLM is pleased to submit this proposal for the remote operated vehicle (ROV) Evaluation of the above - referenced water storage tank. KLM Engineering provides NACE and AWS trained inspectors, certified in competent climbing, having experience and working knowledge of the Occupational Safety and Health Standards (OSHA), American Water Works Association (AWWA), American Concrete Industry (ACI) and State Regulations. KLM Engineering provides evaluation reports that are reviewed by an engineer who has authored the report and/or were written under the engineer's direct supervision. DOCUMENTATION KLM will provide the Owner with an evaluation report, which will provide the following benefits: 1. Clearly stating the actual condition of the reservoir. 2. For coated reservoirs, provide a life expectancy estimate of the coatings and/or an estimated timeline for coating replacement. 3. Identify structure deficiencies and recommended repairs to bring the reservoir into compliance with ACI, AWWA and OSHA requirements. 4. Provide a schedule for performing recommended maintenance work. 5. Provide a Cost Estimate for all structure repairs and coating replacement. 6. Identify the quantity of sediment and recommend a timeline for cleanout, if warranted. 7. Include color photographs identifying current conditions and any required repairs. 8. Recommend a timeline for future evaluations. TTT '!A yy Copyright 2023 by KLM Engineering, Inc. Page 1 of 8 Page 101 of 634 Fayetteville, AR — (12) ROV Evaluations The evaluation report will be provided to the City in digital format (Pdf). After which, KLM will contact City to discuss the report and answer any questions. SCOPE OF WORK Float Evaluation of Upper Structure In order to perform a float evaluation of the upper structure, the Owner must have the water at, or near, the high-water level (HWL) at the start of the evaluation. KLM's inspectors will insert and inflate a sterilized rubber raft into the tank interior. During the float evaluation, the Owner will be responsible for opening and closing the valves to the tank. The inspector, while in the raft, will examine the interior structure and evaluate the existing coating integrity above the high water line. KLM will float the following tanks in addition to performing an ROV evaluation on each tank: 1. Baxter S.00MG GSR 2. Rogers 4.OMG GSR 3. Rogers 4.OMG GSR 4. Kessler Mtn. 6.OMG GSR 5. Kessler Mtn. 6.OMG GSR ROV Evaluation KLM plans to utilize a two -man crew and a remote operated vehicle (ROV) to perform the evaluation. This evaluation method can be performed in one day. KLM will provide inspectors who are properly trained and qualified to perform this type of evaluation. KLM inspectors will place a disinfected ROV and tether into the reservoir for the interior evaluation of the roof, walls, partition walls, floor, piping and valves. Photos will be taken with an underwater camera, which will show the structure conditions and quantity of sediment. The interior of the inlet pipe is excluded from the evaluation, unless otherwise written into this Agreement. Exterior and Interior Evaluation The exterior and interior evaluation is critical to the evaluation to determine whether there are any structure deficiencies and OSHA compliance. The exterior will be inspected from all areas accessible without rigging, unless otherwise written into this Agreement. Coating conditions of both the interior and exterior piping and reservoir coatings, when applicable, will be examined using dry film thickness (DFT) and standard ASTM tests. Interior and Exterior: • Roof structure (size and style). ♦ Drains. ♦ Vents (size and style). ♦ Floor condition. • Roof manways (size and style). ♦ Pitting on piping. ♦ Ventilation manways (size and style). ♦ Ladders, cages, platforms and handrails. ♦ Overflow weir and pipe (size and style). ♦ Base pad condition, including Flexcell and • Support column (size and style). grout. • Capacity level and head range. ♦ Screens on vents and overflows. ♦ Inlet/outlet pipe. ♦ Overflow air breaks, splash pads and • Mud ring. drainage. ♦ Site dimensions. ♦ Safety devices. ♦ Safety considerations. TrT 1t PILA t1L1V ., ,,,. Copyright 2023 by KLM Engineering, Inc. Page 2 of 3 Page 102 of 634 Fayetteville, AR - (12) ROV Evaluations OWNER'S RESPONSIBILITIES The Owner's personnel shall also be responsible for: 6 Set the water at, or near, the high-water operating level. 4 Cease the water inlet and outlet operation during the ROV inspection. Taking and testing water samples, as required. Providing information on the reservoir, including maintenance records, construction drawings, previous evaluation reports and previous painting or reconditioning specifications. This information is most useful if obtained prior to the reservoir inspection and evaluation. FEES The fee for the above -referenced scope of work is....................................................................... $36,062.00 The fee for ►ead and chromium collection and testing is an additional $500.00, if requested. The fee for gasket installation on state -required wet access manway is $100.00. It is the responsibility of the Owner to make sure that the tank is prepared for the evaluation per the schedule agreed to in advance by both parties. In the event KLM arrives on site and the tank is not ready, a second day will be charged as additional time and materials. Should the tank be deemed unsafe by our inspectors, we reserve the right to revise the proposal to include necessary equipment and measures to ensure safe access to complete the scope of work. Said revised proposal would be subject to Owner approval ADDITIONAL INFORMATION Additional information can be found at KLM's website at: www.klmengineering.com TIMELINE The above scope of work will be completed by November 23, 2023 TrT r OIL A ZiL11r Copyright 2023 by KLM Engineering, Inc. Page 3 of 3 Page 103 of 634 CITY OF POW, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Les McGaugh, Purchasing Director DATE: SUBJECT: Approval of contract with WEX Bank for fuel card services RECOMMENDATION: 2023-779 Staff recommends the signing of an addendum to the fuel card services agreement between WEX Bank and Sourcewell, enabling the City to receive fuel card services off of Sourcewell Contract #080620-WEX (State Contract #SP-21-0074). Signing this addendum will enable the City to utilize the fuel card conctract, as renewed by Sourcewell through September 7, 2025. BACKGROUND: The WEX cooperative contract is recognized and utilized by the State of Arkansas and was competitively solicited through Sourcewell. WEX offers no set up fees or card fees and is an Arkansas Office of State Procurement statewide contract. The City will be able to obtain valuable monthly rebates on fuel transactions, some of which are being tracked manually. This contract with WEX also features an online portal which includes a profile manager, expense management tools, and fuel price mapping. The profile manager allows the City to set rules for how the card can be used, how often and when, giving the City flexible control limits. The expense management tools enable the City to manage the fuel card spend in a centralized location. WEX fuel cards are accepted by the vast majority of fueling stations and provides access to one of the largest proprietary fleet card networks. DISCUSSION: The previous contract is no longer valid, and this amendment will enable us to continue use of the WEX fuel card program. BUDGET/STAFF IMPACT: Budgeted funds will be utilized primarily by the City's Fleet Division, Fayetteville Police Department, and the Fayetteville Fire Department based on their fuel card needs. Fuel is a budgeted expense. ATTACHMENTS: SRF - WEX, Arkansas -Addendum R16-1 - FILLED OUT, WEX Contract 080620 v2 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 104 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-779 Approval of contract with WEX Bank for fuel card services A RESOLUTION TO APPROVE A CONTRACT WITH WEX BANK, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING AGREEMENT, TO ENABLE THE CITY TO PARTICIPATE IN A FUEL CARD PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a contract with WEX Bank, pursuant to a Sourcewell cooperative purchasing agreement, to enable the City to participate in a fuel card program. Page 1 Page 105 of 634 Amanda Beilfuss Submitted By City of Fayetteville Staff Review Form 2023-779 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/15/2023 PURCHASING (160) Submitted Date Division / Department Action Recommendation: Staff recommends the signing of an addendum to the fuel card services agreement between WEX Bank and Sourcewell, enabling the City to receive fuel card services off of Sourcewell Contract #080620-WEX (State Contract #SP-21-0074). Signing this addendum will enable the City to utilize the fuel card conctract, as renewed by Sourcewell through September 7, 2025. Budget Impact: Various Various Account Number Fund Various Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget $ - Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 106 of 634 ADDENDUM TO THE FLEET FUEL CARD SERVICES AGREEMENT BETWEEN WEX BANK ("WEX") AND SOURCEWELL CONTRACT #080620-WEX FOR THE STATE OF ARKANSAS UNDER CONTRACT # SP-21-0074, OA 4600048616, P000000110 CREDIT INFORMATION Participating Entity has requested a credit account pursuant to the Sourcewell Contract #080620-WEX entered into between the Sourewell and WEX Bank ("WEX") as adopted by the State of Arkansas through the execution of Arkansas Contract # SP-21-0074, OA 4600048616, P000000110 on July 20, 2021 (the "Agreement"). By enrolling in this Program, the Participating Entity named below agrees that in the event their account is not paid as agreed, WEX may report the undersigned's liability for and the status of the account to credit bureaus and others who may lawfully receive such information. Participating Entity Phone # Fax# City of Fayetteville, Arkansas 479-575-8220 479-575-8257 Headquarters Name and Physical Address (Do not include PO Box) City of Fayetteville, 113 W. Mountain St., Fayetteville, AR 72701 Sourewell Member ID Number Applicant's Taxpayer ID # (TIN, FEIN or SSN) 71-6018462 Non -Profit Only: SIC/Industry Code (e.g. 8399 Social Services; 6732 Education, If Participating Entity is a Non -Profit Religious, Charitable Trusts; Other) Provide Gross Annual Revenue In Business Since (yyyy) Year of Incorporation (yyyy) Number of Vehicles Avg Monthly Fuel Avg Monthly Service Expenditures 11 /03/1836 1836 Expenditures $ g Various ACCOUNT•- - Write Participating Entity name as you wish it to appear on cards. Limit of 20 characters & spaces. Unless specified, no company name will appear on cards. ©0M0000000000IT] III 00 I❑©©E❑ Billing Contact Billing Address City State Zip+4 Amanda Beilfuss 113 W. Mountain St. Fayetteville AR 72701 Designate the Fleet Contact authorized to receive all charge cards, reports, and other such information we provide from time to time and to take actions with respect to your account and account access. This is also the person designated by your company to provide all fleet vehicles, driver and other information we may request. Authorized Fleet Contact Name Title Phone # Fax # Amanda Beilfuss Sr. Purchasing Agent 479-575-8220 479-575-8257 Mailing Address (if different from billing address) City State Zip+4 113 W. Mountain St. Fayetteville AR 72701 Email address (required to take advantage of product type card controls) abeilfuss@fayetteville-ar.gov ® Check here if business is exempt from motor fuels tax *Exempt from federal not state of Arkansas 1. This Addendum is to allow the Participating Entity to participate under the Agreement #080620-WEX between WEX and Sourewell as adopted by the State of Arkansas through the execution of Arkansas Contract # SP-21-0074, OA 4600048616, P000000110 on July 20, 2021. It does not modify, amend or change the Agreement #080620-WEX or Arkansas Contract # SP-21-0074, OA 4600048616, P000000110 in any way. 2. Participating Entity hereby requests the services of WEX described in the Agreement #080620-WEX as adopted by the State of Arkansas through the execution of Arkansas Contract # SP-21-0074, OA 4600048616, P000000110, and agrees to perform all duties required under the Agreement #080620- WEX and Arkansas Contract # SP-21-0074, OA 4600048616, P000000110, including, without limitation, timely payment of all charges (including any additional fees) on its account(s). Participating Entity agrees to be bound by the terms and conditions of the Agreement #080620-WEX as adopted by the State of Arkansas through the execution of Arkansas Contract # SP-21-0074, OA 4600048616, P000000110, including, without limitation, rules for authorized and unauthorized use of cards, disputes of charges, reporting lost and stolen cards, and all other rules and provisions relating to use of Participating Entity's account. 3. Participating Entity acknowledges that its failure to make timely payment in accordance with the terms of the Agreement #080620-WEX and Arkansas Contract # SP-21-0074, OA 4600048616, P000000110 may result in suspension or cancellation of the account(s). 4. WEX Bank shall pay financial incentives in accordance with the terms and conditions set forth in the Agreement #080620-WEX between WEX and Sourcewell and Arkansas Contract # SP-21-0074, OA 4600048616, P000000110. INFORMATION SHARING DISCLOSURE: Information regarding your transactions may be provided to Sourcewell accepting merchants or their service providers. Compliance with Federal Law: WEX Bank complies with federal law which requires all financial institutions to obtain, verify, and record information that identifies each company or person who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents for your business. DISCLAIMER: THIS IS AN APPLICATION FOR SERVICES AND SHALL NOT BE BINDING UPON WEX UNTIL FINAL CREDIT APPROVAL HAS BEEN GRANTED BY WEX. PARTICIPATING ENTITYAUTHORIZED SIGNATURE REQUIRED Any person signing on behalf of the Participating Entity has been duly authorized by all necessary action of Participating Entity's governing body, and that the undersigned is authorized to make this application and accept the terms referenced herein on behalf of the Participating Entity. Signature: Print Name: Title: Date: Complete and sign addendum. Email to: governmentmailbox@wexinc.com or Fax to 1-866-527-8873 • - • Oppty Number Sales Code Plastic Type Coupon Code Account Number R 16 04 04 AR.SOURCEWELL ADDEND.CRDAPP (02 AUG 2022) Page 107 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX Sourcewell I a Solicitation Number: RFP #080620 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and WEX Bank, 7090 South Union Park Center, Suite 350, Midvale, UT 84047 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). iM14.1►Ti[Q94101►kIfti%I A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires September 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11, 12, 13, 15 and 16 survive the expiration or cancellation of this Contract and Article 14 survives the expiration or cancellation of this Contract solely with respect to acts or omissions occurring during the Term of the Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. For any conflicts between the Proposal and the Contract, the Contract prevails. Additionally, may require Participating Entities to agree to the attached and incorporated Wex Universal —Terms and Conditions for Government Fleets. Vendor acknowledges that some of the additional terms and conditions may need to be negotiated by Rev. 2/2020 1 os Page108 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX the Participating Entity since the Participating Entity may not be legally permitted to agree to all terms With the exception of those provisions cited in Article 19 of this Contract, and with the exception of Sourcewell accessing the products and services offered under this Contract for its own use, the Wex Universal —Terms and Conditions for Government Fleets are not applicable to the relationship between Vendor and Sourcewell and are not binding on Sourcewell. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. Rev. 2/2020 af,144 Page 1095 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: 1. Identify the applicable Sourcewell contract number; 2. Clearly specify the requested change; 3. Provide sufficient detail to justify the requested change; Rev. 2/2020 3 S Page110a DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX 4. Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and 5. Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Rev. 2/2020 4 os .�I S Page111 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. CM1►19:1►11Is] V_1IWK61f•IIII 19:193 D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: A. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; B. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or C. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by Vendor and the Participating Entity making the purchase pursuant to Section 6.13. 7. CUSTOMER SERVICE Rev. 2/2020 DS Page112 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. Rev. 2/2020 11 DES/^I ✓ 1 Page113 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above "Attn: Accounts Receivable." Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. Rev. 2/2020 7 os Page 114 0 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from damages resulting directly from any claims or causes of action, including attorneys' fees, arising directly out of Vendor's negligence or willfull misconduct during the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable for incidental, special, consequential, or punitive damages. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. No more than one audit per year will be performed by Sourcewell or any Participating Entity, and Vendor will receive a minimum of 45 days' advance written notice of such an audit. illlC:XCL9JkV4.1L1I 114►lla17_%L\:J:LT41I[4l:14'' Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. In no event will Vendor be liable for incidental, special, consequential, or punitive damages. Rev. 2/2020 a Page115S DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY A. Grant of License. During the term of this Contract: A. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. B. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. B. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. C. Use; Quality Control. 1. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. 2. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. 3. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. Rev. 2/2020 9 DS/^I ✓ 1 Page 116 0 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. iM&11:1T/4.7_11141111 W1 If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as outlined in the WEX Universal Terms and Conditions appended hereto. B. DEFAULT AND REMEDIES. The WEX Universal Terms and Conditions appended hereto shall govern default and remedies available to the parties. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: Rev. 2/2020 10 os Page117 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non - owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer Rev. 2/2020 11 as- Page118 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Upon the renewal of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non -renewal, or reduction of coverage without 30 days' prior written notice to the Vendor. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds; but only to the extent an indemnity is owed pursuant to this Agreement. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. Rev. 2/2020 12 as- Page119 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- Rev. 2/2020 13 a Page120 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is Rev. 2/2020 14 DS/^I ✓ 1 Page 121 0 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures Rev. 2/2020 15 S Page122a DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Rev. 2/2020 16 a Page123S DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSigned by: By: _ St6ayf' COFD2A139D06489... Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: 11/20/2020 1 12:25 PM CST ApprnvPrl- �D�occuSigneed�by, MRL By:-17E42B8F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 11/25/2020 1 8:23 AM CST Rev. 2/2020 WEX Bank DocuSigned by: By: _ �r C12BE2BB9446476... Tim Laukka Title: President and CEO Date: 11/20/2020 1 10:14 AM PST 17 a Page124 �_s DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 RFP 080620 - Fleet Payment Solutions with Related Services Vendor Details Company Name: WEX Bank 7090 South Union Park Center Address: Suite 350 Midvale, UT 84047 Contact: Denise Baumgart Email: denise.baumgart@wexinc.com Phone: 913-393-3208 HST#: 84-1425616 Submission Details Created On: Tuesday June 30, 2020 14:46:43 Submitted On: Thursday August 06, 2020 14:25:55 Submitted By: Denise Baumgart Email: denise.baumgart@wexinc.com Transaction #: ae75e837-96d7-4571-b9ad-6c4bd7b8dced Submitter's IP Address: 136.33.193.72 Bid Number: RFP 080620 Vendor Name: WEX Bank Page 125 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (and applicable d/b/a, if any): WEX Bank 2 Proposer Address: 7090 South Union Park Center, Suite 350 Midvale, UT 84047 3 Proposer website address: www.wexinc.com 4 Proposer's Authorized Representative (name, title, address, Tim Laukka, President and CEO email address & phone) (The representative must have 7090 South Union Park Center, Suite 350 authority to sign the "Proposer's Assurance of Compliance" Midvale, UT on behalf of the Proposer and, in the event of award, will 84047 be expected to execute the resulting contract): Email: tim.laukka@wexinc.com Phone: 888-842-0075 5 Proposer's primary contact for this proposal (name, title, Denise Baumgart, Strategic Relationship Manager address, email address & phone): 17071 W 93rd Terr. Apt 13106 Lenexa, KS 66219 Email: denise.baumgart@wexinc.com Phone: 913-393-3208 6 Proposer's other contacts for this proposal, if any (name, N/A title, address, email address & phone): Table 2: Company Information and Financial Strength Line Question Item Response* Bid Number: RFP 080620 Vendor Name: WEX Bank Page 126 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Provide a brief history of your company, including your This proposal is presented by WEX Bank, a Utah industrial company's core values, business philosophy, and industry bank formerly known as Wright Express Financial Services longevity related to the requested equipment, products or Corporation. WEX Bank is a wholly owned subsidiary of services. WEX Inc., a Delaware corporation formerly known as Wright Express Corporation. WEX Bank and WEX Inc. are collectively referred to herein as WEX. WEX is Sourcewell's current fleet card and telematics vendor. What are your company's expectations in the event of an award? For 36 years, we have built our proprietary closed -loop network that includes acceptance at 95 percent of the retail fuel locations in the United States. Our network gives fleets the ability to control purchases in the field, and delivers comprehensive information and analysis tools that allow effective operational management and cost reduction. ABOUT WEX, INC. Powered by the belief that complex payment systems can be made simple, WEX Inc. (NYSE: WEX) is a leading provider of payment processing and business solutions across a wide spectrum of sectors, including fleet, travel and healthcare. WEX operates in more than 10 countries and in more than 20 currencies. WEX fleet cards offer 14.9 million vehicles exceptional payment security and control, purchase volume in travel and corporate solutions grew to $39.6 billion in 2019; and the WEX Health financial technology platform helps 390,000 employers and 31.8 million consumers better manage healthcare expenses. For more information, visit www.wexinc.com. In the past decade, our business has grown from $318 million in revenue and 725 employees to $1.72 billion in revenue in 2019, and more than 5,000 employees around the globe. For the full year 2019, revenue increased 15% from $1.49 billion in 2018. GOVERNMENT EXPERIENCE WEX currently provides fleet fuel cards for 25 states, and has governmental and tax exempt customers in all 50 states. Our State customers represent more than 375,000 cards. WEX also provides fleet card services as a subcontractor to Citibank under the Federal Government's GSA SmartPay 3 Charge Card Program for 11 federal agencies, including the GSA Fleet, and the Departments of Homeland Security, Agriculture, State, Treasury, Commerce, and Energy. These federal government customers have more than 320,000 cards. In total, WEX services more than 1 million tax- exempt cards. WEX also holds cooperative contracts with Sourcewell for fleet cards and telematics, and the GSA for telematics. We are an active member of the National Conference of State Fleet Administrators, continually attending educational seminars and focus groups to better understand the industry so we can meet and exceed the needs of our customers. WEX has been Sourcewell's fleet card vendor of choice since 2011. We welcome the opportunity to continue what we feel has been a mutually beneficial relationship for Sourcewell, its members, and WEX. There are currently more than 3,200 tax exempt organizations, including five states utilizing the Sourcewell contract. WEX will continue to market our best -in -class fleet card program to Sourcewell's members. Remaining with WEX will help ensure that Sourcewell and its members continue to receive the benefits of the WEX Fleet Card program while avoiding a potentially time-consuming and costly contract negotiation and implementation with a new provider. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 127 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 10 Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. What is your US market share for the solutions that you are proposing? 11 What is your Canadian market share for the solutions that you are proposing? 12 13 Has your business ever petitioned for bankruptcy protection? If so, explain in detail. How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Powered by the belief that complex payment systems can be made simple, WEX Inc. (NYSE: WEX) is a leading provider of payment processing and business solutions across a wide spectrum of sectors, including fleet, travel and healthcare. WEX operates in more than 10 countries and in more than 20 currencies. WEX fleet cards offer 14.9 million vehicles exceptional payment security and control, purchase volume in travel and corporate solutions grew to $39.6 billion in 2019; and the WEX Health financial technology platform helps 390,000 employers and 31.8 million consumers better manage healthcare expenses. For more information, visit www.wexinc.com. In the past decade, our business has grown from $318 million in revenue and 725 employees to $1.72 billion in revenue in 2019, and more than 5,000 employees around the globe. For the full year 2019, revenue increased 15% from $1.49 billion in 2018. Please see the attached financial documents. Although internal market share estimates are confidential, WEX fleet cards offer more than 300,000 governmental and commercial organizations with approximately 14.9 million vehicles exceptional payment security and control. WEX currently provides fleet fuel cards for 25 states, and has governmental and tax exempt customers in all 50 states. Our State customers represent more than 375,000 cards. WEX also provides fleet card services as a subcontractor to Citibank under the Federal Government's GSA SmartPay 3 Charge Card Program for 11 federal agencies, including the GSA Fleet, and the Departments of Homeland Security, Agriculture, State, Treasury, Commerce, and Energy. These federal government customers have more than 320,000 cards. In total, WEX services more than 1 million tax- exempt cards. The WEX Fleet Card is currently accepted at 2,479 sites in Canada. This includes 1,834 Esso sites, 213 Mobil sites, 154 Pioneer Energy sites, 82 Shell Flying J sites and 70 7- Eleven sites. WEX also has signed agreements with merchants representing an additional 1,067 sites. This includes 507 Irving Oil sites and 233 Petroles Crevier sites. WEX has not petitioned for bankruptcy protection Service provider. This proposal is presented by WEX Bank, a Utah industrial bank formerly known as Wright Express Financial Services Corporation. WEX Bank is a wholly owned subsidiary of WEX Inc., a Delaware corporation formerly known as Wright Express Corporation. WEX Bank and WEX Inc. are collectively referred to herein as WEX. For more than 36 years, we have built our proprietary closed - loop network in the United States that includes site acceptance at more than 95 percent of the nation's retail fuel locations. Our network gives fleets the ability to control purchases in the field, and delivers comprehensive information and analysis tools that allow effective operational management and cost reduction. WEX, Sourcewell's current fleet card provider, currently processes transactions for commercial and government fleets totaling more than 14.9 million vehicles. WEX markets its services directly to fleets, and to businesses as an outsourcing partner for its strategic relationships. The sales and service delivery associates are employed by WEX. WEX does not utilize dealer networks to market, sell, or service the Sourcewell card program offered in this response. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 128 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 14 If applicable, provide a detailed explanation outlining the WEX holds all required licenses and certifications. licenses and certifications that are both required to be held, and actually held, by your organization (including third parties WEX Bank is a Utah industrial bank that is regulated by the and subcontractors that you use) in pursuit of the business FDIC. contemplated by this RFP. WEX Inc. is SOX and PCI-DSS compliant. 15 Provide all "Suspension or Debarment" information that has N/A. applied to your organization during the past ten years. Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or recognition that WEX has regularly been ranked in the Information Week your company has received in the past five years Elite 100, including as high as 19th. 17 What percentage of your sales are to the governmental This information is confidential. However, of the sector in the past three years approximately 14.9 million WEX cards on the market, more than 1 million are for tax exempt fleets. This includes 25 state contracts, the existing Sourcewell contract (approximately 3,200 organizations) and as a subcontractor to Citibank under the Federal Government's GSA SmartPay 3 Charge Card Program for 11 federal agencies. 18 What percentage of your sales are to the education sector This information is confidential. in the past three years 19 List any state, provincial, or cooperative purchasing contracts WEX currently provides fleet fuel cards for 25 states, and that you hold. What is the annual sales volume for each of has governmental and tax exempt customers in all 50 states. these contracts over the past three years? Our State customers represent more than 375,000 cards. WEX also provides fleet card services as a subcontractor to Citibank under the Federal Government's GSA SmartPay 3 Charge Card Program for 11 federal agencies, including the GSA Fleet, and the Departments of Homeland Security, Agriculture, State, Treasury, Commerce, and Energy. These federal government customers have more than 320,000 cards. In total, WEX services more than 1 million tax- exempt cards. WEX also holds cooperative contracts with Sourcewell for fleet cards and telematics, and the GSA for telematics. We are an active member of the National Conference of State Fleet Administrators, continually attending educational seminars and focus groups to better understand the industry so we can meet and exceed the needs of our customers. State customers include: Maine; New Hampshire; Vermont; New York; Massachusetts; Pennsylvania; West Virginia; North Carolina; South Carolina; Georgia; Alabama; Florida; Kentucky; Indiana; Michigan; Illinois; Iowa; Missouri; Arkansas; Kansas; New Mexico; Utah; Wyoming; Montana; Idaho. Massachusetts, Kansas, Arkansas, Iowa, and Missouri are all on the Sourcewell contract. WEX cannot divulge sales volume figures. 20 List any GSA contracts or Standing Offers and Supply WEX also provides fleet card services as a subcontractor to Arrangements (SOSA) that you hold. What is the annual Citibank under the Federal Government's GSA SmartPay 3 sales volume for each of these contracts over the past three Charge Card Program for 11 federal agencies, including the years? GSA Fleet, and the Departments of Homeland Security, Agriculture, State, Treasury, Commerce, and Energy. These federal government customers have more than 320,000 cards. In total, WEX services more than 1 million tax- exempt cards. WEX also holds a cooperative contract with the GSA for telematics. WEX cannot divulge sales volumes. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 129 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* State of Georgia, Department of Administrative Services Jazzmin Randall, Director, Office of Fleet Management 404-651-7263 (Office) 678-699-5797 (Cell) State of Missouri Adam Wakum, State Fleet Manager 573-751-2235 State of North Carolina Robert Riddle, Director - Division of Motor Fleet Management 919-830-1347 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years Confidential Government Florida - FL Fleet card services N/A $270M Confidential Government Georgia - GA Fleet card services N/A $200M Confidential Government Pennsylvania - PA Fleet card services N/A $250M Confidential Government New York - NY Fleet card services I N/A $190M Confidential Government North Carolina - NC Fleet card services I N/A $150M Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Question Item Response* Bid Number: RFP 080620 Vendor Name: WEX Bank Page 130 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 23 I Sales force. The WEX Fleet Card offers acceptance in all 50 states, at more than 95% of U.S. retail fueling locations, all of which provide Level III data for Sourcewell's membership organizations. Our current strategy utilizes a comprehensive approach to the government and non-profit sector. Our dedicated government relationship and sales team focuses on serving the needs of government entities. We take a holistic approach to these programs, and ensure that all eligible entities are aware they can take advantage of the overarching WEX contract. We also create a targeted marketing plan to support these outreach efforts, and inform eligible agencies that they can leverage the program to save money for their agency. Our marketing efforts include direct mail and email, and they are customized for the respective entity we are targeting. Communications are structured around the specific provisions of the contract which the individual entity can leverage. Our marketing team also uses mailing addresses provided by the respective state agencies, when they are made available. In addition, the internal analytics team utilizes subscription based databases to acquire contacts and conduct mailings to the appropriate state agencies. This enables us to maximize the effectiveness of the relationship, and ensure that both parties benefit from the fleet program to the greatest extent possible. WEX has a fleet card field sales force of more than 20 people dispersed throughout the continental United States. These members of our sales force are dedicated to selling our fleet card program and are full-time employees of WEX. Government Account Managers WEX has four Government Account Managers — including Sourcewell's current Government Account Manager, Denise Baumgart — who focus on servicing and expanding the use of our larger municipal, federal and state government fleet customers. Denise is located in Kansas and has been the Sourcewell's Government Account Manager since 2011. Denise will continue to meet with interested strategic members to review the fleet card program and to work closely with Sourcewell members to provide best practices that are meaningful and appropriate within your organization, throughout the life of the contract. Strategic Account Services (SAS) For fleets with more than 30,000 gallons of fuel purchased per month, SAS is the primary day-to-day contact for your fleet managers. SAS generally ensures that the program is working smoothly and also expedites all problems to their quickest resolution so that the fleet experiences minimal disruption. SAS can help create reporting that may not be easily accessible to the Fleet Managers. SAS is based in South Portland, Maine at WEX Inc. headquarters and can be reached toll free between the hours of 8 a.m. and 5 p.m. Eastern time. Government Account Executives There are also two Government Account Executives, located at WEX headquarters in South Portland, Maine, who pursue piggybacking opportunities with eligible entities for Sourcewel I. WEX also has an inside sales force of approximately 30 people who take inbound calls from leads generated from our overall marketing efforts including direct mail, email marketing and web channels. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 131 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 24 1 Dealer network or other distribution methods. N/A. 25 Service force. Government Account Manager Denise Baumgart will continue to meet with interested strategic members to review the fleet card program and to work closely with Sourcewell members to provide best practices that are meaningful and appropriate within your organization, throughout the life of the contract. 26 Describe in detail the process and procedure of your customer service program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Customer Service The WEX Customer Service Department is available 24 hours a day, 365 days a year, and is staffed by more than 100 service representatives and supervisors. The Customer Service Department is always available to answer questions, handle lost or stolen card reports, order replacement cards and authorize transactions for cardholders and fleet managers. Customer Service Representatives are also trained to handle questions regarding account billing and reporting. Station attendants can utilize an interactive voice response system (IVR) to obtain quick purchase authorization. Program administrators can use the IVR to check balances, available credit limits, or make a payment by phone. Additional Services WEX understands that not all customer needs are met by a standard call center approach. To ensure and strengthen our customer service offering, we have developed service teams within Client Services that have the flexibility and skills to deliver non-standard service and meet the unique needs of our customers: Premium Fleet Services -- For fleets with more than 150,000 gallons of fuel purchased per month, the Premium Fleet Services Account Manager is the primary day-to-day contact for your fleet managers. He or she generally ensures that the program is working smoothly and also expedites all problems to their quickest resolution so that the fleet experiences minimal disruption. Premium Fleet Services Account Managers help create reporting that may not be easily accessible to the Fleet Managers. It is Premium Fleet Services Account Managers' goal that the Fleet Managers have the necessary data to manage their fleets. PFS Managers are based in South Portland, Maine and can be reached toll -free at 877-WEX-CARD between the hours of 8 a.m. and 5 p.m. Eastern time. Our fleet customers cite the customer service experience as the single finest aspect of their relationship with WEX. Our service philosophy is based on matching customer service personnel with the skills and expertise to meet large and small fleet needs at various organizational levels. WEX will assign experienced Account Managers as the single point of contact for their programs. Program participants will also have 24/7 access to trained call center representatives (CSR's) available whenever needed. This tiered approach enables us to provide high levels of customer service at all times, as well as strategic oversight to work closely with agency contacts to improve their fleet card program. The WEX Customer Service Department is available 24 hours a day, 365 days a year, and is staffed by more than 100 service representatives and supervisors. The Customer Service Department is always available to answer questions, handle lost or stolen card reports, order replacement cards and authorize transactions for cardholders and fleet managers. Customer Service Representatives are also trained to handle questions regarding account billing and reporting. Station attendants can utilize an interactive voice response system (IVR) to obtain quick purchase authorization. Program administrators can use the IVR to check balances, available credit limits, or make a payment Bid Number: RFP 080620 Vendor Name: WEX Bank Page 132 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 by phone. Additional Services WEX understands that not all customer needs are met by a standard call center approach. To ensure and strengthen our customer service offering, we have developed service teams within Client Services that have the flexibility and skills to deliver non-standard service and meet the unique needs of our customers: Premium Fleet Services -- For fleets with more than 150,000 gallons of fuel purchased per month, the Premium Fleet Services Account Manager is the primary day-to-day contact for your fleet managers. He or she generally ensures that the program is working smoothly and also expedites all problems to their quickest resolution so that the fleet experiences minimal disruption. Premium Fleet Services Account Managers help create reporting that may not be easily accessible to the Fleet Managers. It is Premium Fleet Services Account Managers' goal that the Fleet Managers have the necessary data to manage their fleets. PFS Managers are based in South Portland, Maine and can be reached toll -free at 877-WEX-CARD between the hours of 8 a.m. and 5 p.m. Eastern time. Bi-Lingual Call Support — WEX evaluates the need for non- English speaking CSRs on an on -going basis and will add reps with different language skills as our business dictates. The call center currently has French Canadian and Spanish speaking CSRs on staff. In addition, the call center provides language translation services through a "Language Line" which provides translation in over 170 languages. eServices — This team of online experts provide support for web -based self -serve customers and are available to answer technical questions and train customers on web based products. Customer Satisfaction Customer Satisfaction is the bottom line for any service organization and WEX has developed high standards for how we deal with our customers. For example, our current minimum performance goal is to have 70% of calls answered by a person within 45 seconds.* We set our standards for customer service by benchmarking against other card -based call centers. We then strive to exceed these standards with each call. Measured metrics include: • Average speed to answer • Time to abandon • Abandonment rate • Talk Time • After -Call Work • Handle Time WEX surveys its customers to gain insight into their Customer Service experience. Our customers consistently give us high marks for the service we provide. Additionally, we record all of our calls and evaluate trends using speech analytic technology. This provides us with rich, real time voice of the customer information that is valuable for enhancing our training programs and informing our product development activities. *This is subject to change based on seasonality and call volumes. Customer Service Management At WEX, our management and our staff are tasked with improving and enhancing the effectiveness and efficiency of all aspects of our service offering. Our charge is to maximize resources while creating and maintaining a balance between work expectations and personal lives. Keeping first line customer representatives invigorated and Bid Number: RFP 080620 Vendor Name: WEX Bank Page 133 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 available to handle the next call requires support from an extended team of specialists to provide assistance with complex issues and ensure optimal staffing during peak call hours. Customer Service Help Desk is available to support service representatives with calls that require additional research or specialized knowledge. The goal is to resolve issues in one call and provide an immediate response. Customer Service Trainer is accountable for providing initial, remedial, and new program training for all CSRs. The trainer is responsible for establishing the monthly training agenda for the Team Leaders to complete during the weekly team meetings. Technical and Resource Planning Team is responsible for the daily management of the queues to ensure service levels are achieved. The team also provides daily, monthly, and ad hoc reporting for the call center. They forecast the resources required and manage the scheduling of associates to optimize the customer experience. Skill -Based Call Routing System WEX employs a state-of-the-art call handling system featuring skill -based call routing. Our skill -based call routing ensures that our CSRs do not receive certain types of calls until they are fully trained to support them. We conduct a rigorous training and examination phase for all newly hired CSRs, and provide continuous refresher training to experienced staff. Only upon successful completion of the training program, are CSRs allowed to field calls from the customers, ensuring that they are able to provide the best in class service that our customers have come to expect from WEX. Experienced CSRs and team leaders monitor new staff responses to assure quality and program performance. Emergency Response WEX is prepared to support the needs of our Premium Fleet Services customers in the cases of natural disasters (e.g., hurricanes, earthquakes), threats to national security, and military mobilization. At WEX, we recognize the critical importance of keeping fuel supplies available so that public sector vehicles can operate and respond during natural disasters and other emergencies. We're proud that the fleets we serve have found our work to be instrumental in their ability to maintain continuous operations during their most crucial times of need. Some of the services that can be provided upon request include the following: • Emergency plan development: we work with each customer to prepare a plan of response should an emergency occur • Set up of online emergency card profiles, so you can easily remove or change your card control limits to support your emergency needs • Regular updates outlining which networks and fuel stations are open and active in disaster areas Our fleet customers — including public sector clients — cite their customer service experience as the single finest aspect of their relationship with WEX. Our service philosophy is based on providing a tiered support structure made up of highly trained service personnel to meet large and small fleet needs, including federal, state, county, and city fleets. eServices In coordination with Premium Fleet Services and Strategic Support, eServices provides fleet support for WEX online tool. The eServices team strives for one -call resolution and, Bid Number: RFP 080620 Vendor Name: WEX Bank Page 134 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 where applicable, customer education on use of our online products. Fraud Specialists WEX' experienced fraud prevention professionals work with fleets, partners, merchants, and, when necessary, local and federal authorities in order to minimize fraud, misuse, and abuse of our fleet card programs. We take a three -pronged approach to mitigating inappropriate use of cards and card programs —prevention, detection, and management. The Fraud Team an extensive network of industry contacts and association memberships to ensure they are on top of new trends and developments. Merchant Services The Merchant Services group works closely with both our Merchant Acquisition team and our Tax Department to achieve maximum acceptance with the greatest level of tax participation possible. This work includes the recruitment of new merchant acceptance when requested by a fleet. Strategic Receivables Services (SRS) WEX takes a proactive and service oriented approach to reducing payment delinquency. Our team of receivables specialists (Strategic Receivables Services) works with large customers to ensure accurate and on -time billing and payment. Each customer is assigned a specific receivables specialist who will be the primary point of contact and will work closely with the account manager. Your SRS specialist will work with you to ensure that your billing structure and payment methods work well for your business and help you get the most value from your card program. SRS specialists monitor payments on a daily basis and make contact with customers that have remitted a payment amount that does not match the amount due. In this way, past due balances are cleared up quickly, reducing the need for costly and time consuming historical reconciliation and analysis. 27 Identify your ability and willingness to provide your products WEX will continue to market to and provide products and and services to Sourcewell participating entities in the services to Sourcewell participating entities in the United United States. States. 28 Identify your ability and willingness to provide your products WEX will market to and provide products and services to and services to Sourcewell participating entities in Canada. Sourcewell participating entities in the United States. 29 Identify any geographic areas of the United States or N/A. The WEX card is accepted in all 50 states and in Canada that you will NOT be fully serving through the Canada. proposed contract. 30 Identify any Sourcewell participating entity sectors (i.e., N/A. government, education, not -for -profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements or restrictions that N/A. would apply to our participating entities in Hawaii and Alaska and in US Territories. Table 7: Marketing Plan Line Question Response* Item 32 Describe your marketing strategy for promoting this contract Our multi -channel marketing programs have a demonstrated opportunity. Upload representative samples of your track record of successful outreach to large, medium, and marketing materials (if applicable) in the document upload small fleets, including those in the government, education, section of your response. and non-profit sectors. WEX has partnered with Sourcewell since 2011, growing that contract to benefit more than 3,200 members representing over 97,000 cards. WEX also Bid Number: RFP 080620 Vendor Name: WEX Bank Page 135 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 currently provides fleet fuel cards for 25 states and has governmental and tax exempt customers in all 50 states. Our State customers represent approximately 390,000 cards. Additionally, WEX provides fleet card services as a subcontractor to Citibank under the Federal Government's GSA SmartPay 3 Charge Card Program for 11 federal agencies, including the GSA Fleet, and the Departments of Homeland Security, Agriculture, State, Treasury, Commerce, and Energy. These federal government customers have more than 320,000 cards. In total, WEX services more than 1 million tax-exempt cards. We actively manage programs to market to these government agencies. Our marketing efforts inform eligible governmental entities that Sourcewell has a fleet card program, and converts them through education of program benefits. WEX has leveraged this proven methodology to promote the Sourcewell program for the last five years. Our custom outreach program ensures that eligible government, education, and non-profit organizations know about the Sourcewell WEX program, and are aware of the benefits of enrolling. This ensures that eligible agencies have access to quickly and easily sign up for the program, in order to maximize the overall program volume. Our annual efforts include but are not limited to direct mail, email campaigns, newsletters, trade show participation, press releases, web based marketing, online landing pages, and sales visits. Internal Marketing Capabilities WEX invests millions of dollars each year in establishing and delivering comprehensive marketing and sales programs on behalf of our own WEX Universal card programs, partner - based proprietary card programs, and our Government Fleet Card Program. We market to state, local and other eligible governmental organizations, in order to optimize participation in their respective card programs. Our in-house Project and Channel Managers manage our public relations campaigns, tradeshows, email, web, direct mail and advertising programs. We also have a full-time in- house design team of professionals who support the development of collateral, direct mail, traditional print and web design. We are able to create turn -key programs for dozens of partners from Exxon Mobil and leasing companies, to smaller local and regional governmental agencies. Through our marketing and sales efforts, WEX has helped the Sourcewell contract grow from zero cards in 2011 to over 3,200 customers, 97,000 and annual sales volume of $185 million in 2019. WEX will continue to actively market the program, and leverage local and municipal level relationships to grow the portfolio throughout the contract. Over the past four years, WEX has invested well over $200,000 in marketing efforts to the Sourcewell membership. We would continue our proven marketing and sales investment over the new contract period. We utilize a disciplined, data -driven approach for these programs and track key metrics such as response rate, close rate, average fleet size, credit approval rate, account and activation rate, card yield and overall ROL We use SalesForce.com and Siebel CRM systems to track the effectiveness of each unique campaign, and review results of each marketing program in detail, both internally and in conjunction with our partners. Our approach includes a ready willingness to try new concepts and approaches using "champion -challenger" methodology so that we can learn and compare results of proven campaign approaches Bid Number: RFP 080620 Vendor Name: WEX Bank Page 136 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 with those of newer test or concept campaigns. 33 Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. WEX utilizes an in-house web marketing team to develop a comprehensive marketing approach which utilizes the latest web marketing strategies. We have developed a dedicated Sourcewell landing pages to inform existing and prospective state organizations about the Sourcewell Fleet Card Program. (Example: https://www.wexinc.com/texas). We will use outreach efforts to draw traffic to the site, and encourage enrollment in the program. This program will be supported by geographically targeted Search Engine Marketing (SEM) to drive fleet card applications. WEX will develop custom email outreach programs to communicate with eligible Sourcewell organizations. WEX leverages organic search placement while effectively managing Search Engine Marketing and Optimization. WEX has successfully managed digital web -based marketing programs on behalf of its partners and has in-house web marketing experts who are experienced in leveraging this channel for fleet acquisition and communication. In the past, our sales force has attended more than 50 annual national, regional trade and local trade shows, in order to reach key decision makers and establish key industry contacts. We will leverage Sourcewell at government trade shows and conferences, to expand awareness of the program, and convert prospective organizations into cardholders. All events are managed by an in-house marketing team which coordinates our event calendar, and provides follow-up including lead generation, maintenance, and post -show mailings. All WEX Sales Associates utilize the SalesForce.com CRM (customer relationship management) system for effective territory management, as well as management reporting. Each member of our sales force uses this system to manage their territory and move prospective leads through the sales process to active leads which are followed up on until they are closed. Use of the tool gives us a clear view of individual and team effectiveness, their current 30-day account forecast and their longer term pipeline. We also use SalesForce.com to track leads, develop custom email programs, and distribute marketing collateral to potential accounts. SalesForce.com would be utilized to track and manage the WEX Sourcewell sales and marketing program. We depend heavily on technology and digital data in our marketing efforts. Our marketing department works closely with our customer insights group (research) to glean valuable data which allows us to fine-tune our marketing campaigns and day-to-day activities. With the recent addition of new team members in the customer insights group we are now able to gain even greater direction in our marketing efforts, thus maximizing their effectiveness. We are also engaged on a daily basis with a number of social media networks (Linkedln, Facebook, Twitter, and Instagram). Through our engagement we receive valuable feedback from customers. Of course, we also access these powerful platforms to distribute content that is valuable to our customers along with occasional marketing messages from WEX. Lastly, we manage a popular blog where we create and post on topics of interest to our customers several times each week. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 137 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 34 In your view, what is Sourcewell's role in promoting contracts Sourcewell has been an excellent partner the past nine arising out of this RFP? How will you integrate a Sourcewell- years. We would anticipate that Sourcewell would continue to awarded contract into your sales process? support their members and WEX as we continue our marketing and sales efforts to promote the value of the contract and servicing the existing members utilizing the contract. We would ask that Sourcewell continue to include WEX logos and contact information in existing marketing materials. We would also expect that the Sourcewell WEX relationship would be mentioned in new member mailings as well as on the Sourcewell website. When possible, if available, we would request access to the Sourcewell membership list, for use in our email and direct mail campaigns. We would also ask that any referrals that occur as a result of Sourcewell outreach efforts be forwarded to WEX for follow-up and activation. Finally, we have also found it beneficial to attend Sourcewell hosted events such as H2O to learn successful strategies and share our successes with other contract holders that benefit the Sourcewell membership. 35 Are your products or services available through an e- The Fleet Manager module of WEXOnline allows the fleet procurement ordering process? If so, describe your e- manager to add, edit, suspend, reactivate and terminate procurement system and how governmental and educational cards and drivers, to add/manage card controls, view and customers have used it. download invoice details. You can also: Assign card to driver, vehicle or location Transfer cards from one account to another Group cards into authorization profiles to enforce your purchasing policies Create organizational units or departments to better organize cards, vehicles and drivers for reporting and management purposes ( initially added during the implementation phase) Edit account information Table 8: Value -Added Attributes Line Item Question Response* 36 Describe any product, equipment, maintenance, or operator WEX believes that training is the cornerstone for any training programs that you offer to Sourcewell participating successful implementation. The Strategic Implementation entities. Include details, such as whether training is standard Manager will work closely with you to create a training plan or optional, who provides training, and any costs that apply. that will support the needs of members who utilize the WEX program. A WEXOnline user guide will be provided , as will a Companion Guide. The Companion Guide will incorporate any of your business rules with respect to field reporting requirements and data collection expectations. For the formalized training, this can be conducted in three distinct ways. WEX utilizes WebEx as a tool for training; allowing members to complete training either through a classroom setting from their desk top or by accessing a pre- recorded training seminar. These pre-recorded seminars are helpful as they can be used by new hires after the implementation has been completed. WEX can also do in - person training sessions at Manager Meetings or other venues where your group has been brought together. The Government Account Manager assigned to the Sourcewell relationship, Denise Baumgart, will also complete on -going training as new products are released or as business needs require. These trainings will be completed through WebEx live or pre-recorded sessions. There is no cost for our training. 37 Describe any technological advances that your proposed WEX envisions the evolution of technology enabling more products or services offer. possible point of sale solutions through proliferation of chip, mobile payment, and cloud -based solutions. WEX's strategic customers are often some of the first adopters of WEX's Bid Number: RFP 080620 Vendor Name: WEX Bank Page 138 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 product innovations and pilot programs. WEX focuses on finding and watching innovations that have the potential to transform our industry or create a new vertical. We watch new technologies that might provide useful applications for new products and services and competitive advantage in the future. We take special interest in technologies relating to transaction authorization and processing, messaging, payment devices, point of sale, industry hardware and software solutions, new data sources and other opportunities. Fleet Advisory Board The Fleet Advisory Board is a targeted group made up of a cross-section of WEX's largest fleets. Its role is to represent the fleet industry with WEX senior leadership, and to provide key input, ideas and direction to advance WEX's leadership position in the marketplace. This group meets once or twice a year, and corresponds regularly via conference calls and email. Its focus is on strategic initiatives, looking out 3-5 years or more, to support WEX's continued growth efforts. SPARK SPARK is a broad group of fleet administrators and managers representing more than 50 organizations and public agencies nationwide. This group includes WEX's largest and most demanding fleets, and is focused on providing WEX direction on near -term products and services (typically 1-3 years out). WEX Fleet Chip Cards Working with Gemalto, a world -class leader in chip technology, WEX has been developing a proprietary chip card for three years to meet the EMV liability shift requirements. This is the first fleet -centric chip applet designed specifically for the U.S. fleet industry. This applet is spec -based and customized for WEX Fleet. Not all retail fuel merchants will choose to invest in chip card readers at the point of sale due to the significant financial investment required; some will accept the risk of liability for fraudulent transactions. Because of this, the WEX fleet card will have both a chip and magnetic stripe for many years to come. WEX believes it has taken a thoughtful approach to chip - card development. • WEX's reputation is based on customer security and satisfaction. WEX did not take the easy route of putting a consumer based chip applet (Mastercard or Visa) onto its proprietary card product. • The WEX research and development team initiated planning years in advance with a goal to define a lasting standard, and release the highest quality solution at the right time. • WEX's development cycle will provide a seamless transition to EMV for WEX fleet customers and WEX- accepting merchants, and will ensure compliance with hardware and Point of Sale suppliers. • WEX chip cards will offer full fleet functionality upon release, unlike the consumer -level functionality of other cards. ClearViewTM WEX Fleet ClearViewTM (detailed in response to the following question) is a suite of powerful, cloud -based analytics solutions that automatically organizes, interprets, and intuitively displays fleet -related information. Critical data is presented in an intentional layout of simple and informative visualizations, helping fleet managers monitor operations, understand trends, benchmark performance, investigate anomalies, and recognize cost -saving opportunities. WEX Fleet DriverDash WEX Fleet DriverDash is an application used by fleet drivers to activate their fleet cards, enter required prompts, and purchase fuel at the pump. The solution enables fleet drivers to authorize a fuel transaction via mobile device and biometrics from within their vehicle, creating a seamless and Bid Number: RFP 080620 Vendor Name: WEX Bank Page 139 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 secure transaction via mobile device. DriverDash captures receipts electronically. The DriverDash program is currently available at more than 25,000 Shell, Exxon and Mobil -branded stations across the continental U.S. and WEX is actively expanding the network among its accepting merchants. 38 Describe any "green" initiatives that relate to your company WEX has reduced its carbon footprint by reducing daily or to your products or services, and include a list of the deliveries of office supplies and by reducing travel through certifying agency for each. the use of WebEx for many conferences and training. WEX has also installed energy efficient light bulbs, and timers that turn off the lights in bathrooms when not in use. A recent energy audit of our facilities returned a positive review regarding our energy efficiency. WEX has capital expenditure money in its budget to further reduce energy consumption. WEX has a history of working with fleets to assist green initiatives. We attend the AFVI conference every year to understand alternative fuels available, stay informed of the latest technology and updated legislation. It important for us to understand what is available to our customers, how they are affected by the alternative fuels industry and how we can support them in their green initiatives. We have worked with EERE to establish a recurring data exchange for alternative fuel sites. We currently provide custom reporting to our State customers regarding alternative fuel consumption. We have participated in several Chicago Climate Exchange audits with our State customers. Although we can't share specific findings, we encourage the members to discuss with us our support in providing accurate data to the exchange or others you may be involved in. Our WEXSmart telematics program helps fleets track idle and fuel efficiency. We would be happy to provide more information on this product. WEX, as a member of Conexxus (formerly PCATS -- the Petroleum Convenience Alliance for Technology Standards), has been very active in recommending additional alternative fuel product codes to be included in the NACS (National Association of Convenience Stores) product code standards. WEX has a relationship with the National Renewable Energy Laboratory that has allowed us to provide an alternative fuel site directory 39 Identify any third -party issued eco-labels, ratings or N/A certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to - cradle), or other green/sustainability factors. 40 Describe any Women or Minority Business Entity (WMBE), N/A Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 140 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 41 What unique attributes does your company, your products, or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it applies to Sourcewell participating entities? WEX is Sourcewell's current fleet card provider and offers unmatched knowledge of your needs in a fleet card program for your members, and strategic support from Relationship Manager Denise Baumgart. Remaining with WEX will allow Sourcewell and its members to avoid a potentially costly and time-consuming implementation process. In general, we believe the following strengths distinguish us from our competitors: • Our closed -loop fuel network is driven by direct contractual relationships with both the merchant and the fleet, and only WEX transactions can be processed on these networks. We have built a network that provides over 95 percent fuel location coverage in the United States. • Our proprietary closed -loop fuel networks also afford us access to a higher level of fleet -specific information and control than is widely available on open -loop networks. This allows us to improve and refine the information reporting we provide to our fleet customers and strategic relationships. • WEX accepting merchants are required to be capable of transmitting Level III data. Level III data capture helps reduce fraud and provides greater visibility into your fleet operations with Driver ID and odometer entry required for each purchase. Fleets that use the WEX card receive detailed information like product type and description, fuel grade, cost per gallon, sales tax, and more. • We offer a differentiated set of products and services, including security and purchase controls, to allow our customers to better manage their vehicle fleets. We provide customized analysis and reporting on the efficiency of fleet vehicles and the purchasing behavior of fleet vehicle drivers. We make this data available to fleet customers through both traditional reporting services and sophisticated web -based data analysis tools. • Our proprietary software facilitates the collection of information and affords us a high level of control and flexibility in allowing fleets to restrict purchases and receive automated alerts. • We have an experienced and committed management team that has substantial industry knowledge and a proven track record of success. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 141 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Table 9: Warranty (Performance Standards or Guarantees) Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 42 Describe any performance standards or guarantees that Fleet Card Distribution: >= 99.5% of fleet cards will be apply to your services (customer or merchant service mailed within one (1) business day of the card production response times, processing time frames, dispute resolution, date. Calculated by the calendar month etc.). Statement Distribution: >= 99.5% of the statements will be mailed/emailed/placed on FTP site within five (5) business days of the system printing date. Calculated by the calendar month Customer Setup: >= 99.5% of all fleet accounts will be set up (account data loaded and cards ordered) within three (3) business days after all of the information necessary for account setup is obtained and credit has been approved. 43 Describe any service standards or guarantees that apply to Customer Satisfaction is the bottom line for any service your services (policies, metrics, KPIs, etc.). organization and WEX has developed high standards for how we deal with our customers. For example, our current minimum performance goal is to have 70% of calls answered by a person within 45 seconds.* We set our standards for customer service by benchmarking against other card -based call centers. We then strive to exceed these standards with each call. Measured metrics include: Average speed to answer Time to abandon Abandonment rate Talk Time After -Call Work Handle Time WEX surveys its customers to gain insight into their Customer Service experience. Our customers consistently give us high marks for the service we provide. Additionally, we record all of our calls and evaluate trends using speech analytic technology. This provides us with rich, real time voice of the customer information that is valuable for enhancing our training programs and informing our product development activities. *This is subject to change based on seasonality and call volumes. 44 Describe any service contract options for the items included N/A in your proposal. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 142 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Table 10: Payment Terms and Financing Options Line Item Question Response* 45 What are your payment terms (e.g., net 10, net 30)? WEX's standard payment terms are 15 days from the date appearing on your invoice. However, WEX is offering to continue 26 day payment terms for Sourcewell members and will comply with any act or law governing payment timing upon review of such act or law. Please see the attached Pricing for details. 46 Describe available payment options (frequency, method, The WEX Fleet Card program offers the following payment platform, etc.)? options. Paper Check You can pay by check using the remit stub attached to the invoice. If you ever need to expedite payment, the overnight payment address is included on the back of the invoice. Online Payment You can choose to receive an email notification when your invoice is ready for online viewing and payment. Payments scheduled by 3:00 p.m. ET are credited to your account on the same day and you can pay from up to four different checking accounts. ACH WEX supports customer initiated electronic payment through Automated Clearing House (ACH). Direct Debit/EFT The Direct Debit system is free. You can elect to receive a Prior Notification fax from us on the morning of the scheduled debit, informing you in advance of the amount to be initiated for debit from your demand deposit bank account. One-time Authorization for Electronic Payment If you need to expedite payment on the same day, but have not chosen to make online payments, you can request a one- time debit from your bank account for the outstanding balance on your account. (Processing fee may apply.) Payment terms subject to credit approval. 47 Briefly describe your proposed order process. Include After an account is signed up through a participation enough detail to support your ability to report quarterly sales addendum and implemented on the WEX card program, we to Sourcewell as described in the Contract template. For capture the transaction data for each sale on the fleet card. example, indicate whether your dealer network is included in This information is summarized by account for the quarterly your response and whether each dealer (or some other reporting. WEX does not use a dealer network therefore all entity) will process the Sourcewell participating entities' of this information is captured by WEX and provided to purchase orders. Sourcewell quarterly in summary format. 48 Do you accept the P-card procurement and payment WEX does not accept P-Cards for payment. process? If so, is there any additional cost to Sourcewell participating entities for using this process? Bid Number: RFP 080620 Vendor Name: WEX Bank Page 143 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response* 49 Describe your pricing model (e.g., line -item discounts or WEX offers rebates to Sourcewell members for fuel product -category discounts). Provide detailed pricing data purchases made with the WEX Fleet Card. Please see the (including standard or list pricing and the Sourcewell attached pricing for the fleet card and ancillary products. discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 50 Quantify the pricing discount represented by the pricing WEX Fleet Card rebates are a percentage off the retail proposal in this response. For example, if the pricing in your price at the pump. response represents a percentage discount from MSRP or list, state the percentage or percentage range. 51 Describe any quantity or volume discounts or rebate Please see the attached pricing for the fleet card and programs that you offer. ancillary products. 52 Propose a method of facilitating "sourced" products or N/A. related services, which may be referred to as "open market' items or "nonstandard options". For example, you may supply such items "at cost' or "at cost plus a percentage," or you may supply a quote for each such request. 53 Identify any element of the total cost of acquisition that is Please see the attached pricing for the fleet card and NOT included in the pricing submitted with your response. ancillary products. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 54 If freight, delivery, or shipping is an additional cost to the Please see the attached pricing for the fleet card and Sourcewell participating entity, describe in detail the ancillary products. complete freight, shipping, and delivery program. 55 Specifically describe freight, shipping, and delivery terms or N/A programs available for Alaska, Hawaii, Canada, or any offshore delivery. 56 Describe any unique distribution and/or delivery methods or N/A options offered in your proposal. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 57 c. better than the Proposer typically offers to GPOs, cooperative b and c. Each contract we hold is individually priced, based procurement organizations, or state purchasing departments. on a number of variables: volume, length of contract, payment terms, current economic conditions, customization, cost to serve, etc. For this reason, the pricing proposed for this contract is the same or better than what we typically offer government procurement organizations and state purchasing departments. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 144 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Table 13: Audit and Administrative Fee Line Item Question Response* 58 Specifically describe any self -audit process or program that Internal audits are performed on a three year cycle, based you plan to employ to verify compliance with your proposed on risk, e.g. the high risk areas are audited each year. Contract with Sourcewell. This process includes ensuring that Various compliance reviews are performed each year as Sourcewell participating entities obtain the proper pricing, required by regulations, e.g. generally bank compliance that the Vendor reports all sales under the Contract each reviews are done annually. Internal audit also performs quarter, and that the Vendor remits the proper administrative consulting engagements to assess the control environment of fee to Sourcewell. various major business initiatives, i.e. data center move, assessments of acquired companies, etc. WEX has an ISO 27001/27002 based Information Security Program that includes robust access controls, security monitoring controls, governance, risk and compliance, backup and recovery capabilities, regular penetration testing and vulnerability scanning, strong physical and environmental controls, policies and procedures, and security awareness training. Policies and standards are reviewed and updated annually. Procedures are owned by the individual teams and are required to meet the standards and also be approved by their management. WEX also obtains a SSAE16 SOC1, PCI-DSS certification over our Millennium platform, and is subjected to regular reviews and oversight by Internal Audit, External Audit, FDIC Examiners, and various third parties. 59 Identify a proposed administrative fee that you will pay to We will issue a quarterly revenue share, in the Sourcewell for facilitating, managing, and promoting the accordance with the below Revenue Share Table, based on Sourcewell Contract in the event that you are awarded a all Sourcewell members' Monthly Contract. This fee is typically calculated as a percentage of Retail Transactions and the tier established in the table Vendor's sales under the Contract or as a per -unit fee; it is below (the "Rebate") not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) $0-$50,000,000 quarterly spend: 10 basis points (0.10%) $50,000,001-$75,000,000 quarterly spend: 12 basis points (0.12%) $75,000,001+ quarterly spend: 15 basis points (0.15%) Please see attached Pricing for more details. Table 14A: Depth and Breadth of Offered Equipment Products and Services Line IQuestion Response* Item all Provide a detailed description of the equipment, products, and services that you are offering in your proposal. In addition to the WEX fleet card program, we are offering ClearView data analytics and reporting; Telematics, and Private Site Rebilling. WEX FLEET CARD The WEX Fleet Card program, described throughout this RFP response, offers best -in -class card functionality, reporting and customer service. With the WEX Fleet Card, fleets get the tools to manage the entire fleet. From Level III Data Capture, to spending limits and real time alerts, the WEX Fleet Card helps fleets of all sizes create operational efficiencies. WEX's proprietary network captures Level III data at virtually every accepting location, including essential information such as a driver ID, vehicle ID, job number or odometer reading. This is data you can't get from most bank cards. We help our customers open up savings opportunities through tighter control over their purchases. Working with the WEX team, cost-conscious fleet managers can: Gain access to granular transaction detail Run standard and custom reporting — and identify Bid Number: RFP 080620 Vendor Name: WEX Bank Page 145 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 opportunities for savings • Set limits on dollar amounts and product types, ensuring that drivers spend money only on fuel and related vehicle services. Our technology and services include: • 99.8% Level 3 data on all transactions (including remote sites that may only transmit Level 1 or 2 using MasterCard) • Nine levels of hierarchy, for more flexible reporting and billing options • Advanced card to PIN functions; ability to tie one card to one PIN, etc. • More flexible prompting options at point of sale • Broad acceptance through our proprietary network, as well as expanded acceptance through virtual MasterCard technologies • Comprehensive tax exemption program for Federal and State taxes • Robust online reporting tools through WEXOnline, including ability to schedule and share custom reports • Ability to customize data fields and add GL codes for accounts, drivers, vehicles or cards • Control over user access to the online system, with advanced administrative functions WEX is the chosen partner of many branded card programs, offering universal fleet cards solutions with specific branded discounts. Should it be advantageous to a State member, WEX may leverage these branded relationships in the event an entire State wishes to utilize this contract on a statewide level. WEXPayTM WEXPayTM is a tool that enables out -of -network purchases at an additional 398,000 merchants in the Mastercard® network by utilizing a virtual card interface. Typically used for independent or geographically remote fuel and service sites, WEXPayTM provides the control of a fleet card with the convenience of a credit card. This tool reduces the number of out -of -network sites where drivers would have to use an alternative form of payment. Using WEXPayTM in conjunction with a Custom Control fleet card lets you set the rules for your drivers. Custom Control cards allow you to set merchant, transaction, and even product type limits. We apply those limits to both WEX Fleet Card and WEXPayTM Mastercard transactions. Expanded coverage combined with integrated reporting and invoicing can further streamline your fleet purchasing and operations. How It Works As a Mastercard issuing bank, WEX uses Single -Use Account Number technology to authorize a one-time payment to a merchant. The account number provided to the merchant by phone is fast and secure — good only for that one purchase. When the merchant calls for authorization, the WEX system applies your purchase controls and collects the same level of purchase detail, including Prompt ID and odometer. Details of the purchase are integrated into your WEX Fleet Card invoice and reports. One card, one invoice, one report with the same controls and service WEX customers expect. Purchases are subject to the Mastercard transaction processing rules and terms of use, including tax exemption rules. WEX FLEET CLEARVIEW WEX's Fleet ClearView analytics platform gives managers a dynamic view into their fleet operations. You'll have the ability to combine and analyze large amounts of data, and use the results to take corrective action. Whether it's identifying and Bid Number: RFP 080620 Vendor Name: WEX Bank Page 146 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 understanding short- or long-term trends, reviewing performance benchmarks or isolating outliers and anomalies, you will be able to bring your analysis and decision -making to new levels without the time-consuming, manual calculations. • Gain a clearer picture of vehicle and driver performance to identify cost savings opportunities • Streamline operations to help eliminate redundancies • Quickly identify areas of your organization that need to focus on key performance indicators like card activation rate and price per gallon Identify outliers and anomalies to reduce fraudulent activity and identify opportunities for driver education • View volume and price information by merchant brand to divert drivers from high -price stations, and negotiate better rates for heavily -utilized merchants. • Review purchasing patterns to better understand trends in expenses TELEMATICS With more than 80,000 active telematics accounts across the US, including Sourcewell members and several government agencies, WEX Telematics is one of a select few to provide precise, customizable GPS tracking solutions to the largest U.S. fleets. WEX Telematics is alone in its ability to seamlessly integrate fuel use data from WEX fleet cards into its analytics package. Our award -winning U.S.-based customer service will provide expert fleet consultation and guidance whenever you need it. WEX Telematics provides specific hardware and software packages suited to the individual needs of Sourcewell's members so they can quantify, analyze and eliminate weaknesses in their fleets. For example: • How much idling and where? • How many speeding incidents? • How many miles driven per day or week? • How much fuel consumed? • Incidents of seatbelt non-use • Aggressive driving events • Customer stops per day • Miles driven vs customer time • Accident reporting Sourcewell customers are sensitive to fuel prices, maintenance downtime, and service productivity. Safety is also a paramount concern. WEX Telematics helps solve all these challenges. WEX Telematics users often experience a reduction in fuel use via decreased idling, speeding and incidents of harsh acceleration and braking; detecting fuel card misuse; preventing unnecessary miles by monitoring after-hours usage; implementing efficient routing; and more. Our users can also save on maintenance through: • Decreased idling (one hour of idling is equivalent to 80 to 120 minutes of vehicle wear). • Decreased speeding (increasing speed from 50 to 60 mph increases maintenance costs 38% and at 70 mph increases costs 80%; rate of tire wear doubles above 70 mph). • Regular engine alerts to schedule proactive maintenance. WEX Telematics provides helps fleet managers improve safety — a mission -critical task for hospitals — by providing information on how drivers are behaving in the field and giving managers the data to craft driver scorecards that inform incentives and training. Telematics Cameras Vehicle cameras are becoming more important to have in your fleet. With WEX Telematics, managers are able to modify driver behavior and receive timely video evidence of critical incidents that is important to insurers. During a time when controlling expenses is more important than ever, Bid Number: RFP 080620 Vendor Name: WEX Bank Page 147 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 61 Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. combining your WEX Telematics unit with an in -cab camera and your WEX Fleet Card can help you improve driver safety, decrease insurance costs, and monitor and minimize unauthorized fueling. Video telematics combines vehicle data and driving data to provide more context around any incident footage while transmitting the video evidence in real-time over a cellular network. Video is captured and transmitted to the cloud based application when a fleet manager defined rule is broken. These rules can include speeding, harsh braking, harsh acceleration, rapid change in direction or an accident. In the case of a collision, video telematics can help provide the answers to who, what, where, when, and why. Telematics technology plays an important role in improving the safety of your drivers and others on the road. • Support your drivers by helping them improve their skills and make better decisions • Guard your assets by protecting against false claims and unexplained damage • Improve your fleet operations by boosting safety and reducing risky driving PRIVATE SITE REPORTING Private Site Reporting consolidates tracking of onsite and retail fuel transactions into one comprehensive report, allowing you to monitor private transactions for abuse through purchase controls at the point of sale using your WEX card. This program provides in-depth reporting of onsite fuel transactions at the vehicle level integrated with retail fuel purchases. The system is designed to exclude onsite fuel transactions from your invoice while providing consolidated comprehensive vehicle level paper and electronic reporting along with your retail transactions. Once installed, your card readers will be required to retain reportable information so you don't have to. Just like a retail transaction, the driver initiates the data capture by entering their Driver ID and odometer. Your card reader will provide the fuel type, gallons, PPG as programmed in the card reader, and total sale. Upon receipt, WEX integrates this key information into your fleet's usage reporting. N/A Table 14113: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Category or Type Offered * Comments Item 62 Fleet card payments C: Yes WEX is Sourcewell's current fleet card r No provider. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 148 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 63 Mobile application, digital, and/or virtual C: Yes WEX's fleet card program includes payment services r No mobile applications as described in our proposal. We are also offering WEXPay, a tool that enables out -of - network purchases at an additional 398,000 merchants in the Mastercard® network by utilizing a virtual card interface. Typically used for independent or geographically remote fuel and service sites, WEXPayTM provides the control of a fleet card with the convenience of a credit card. This tool reduces the number of out -of -network sites where drivers would have to use an alternative form of payment. 64 Fleet payment data analytics r Yes WEX Fleet ClearView analytics platform No gives managers a dynamic view into their fleet operations. You'll have the ability to combine and analyze large amounts of data, and use the results to take corrective action. Whether it's identifying and understanding short- or long-term trends, reviewing performance benchmarks or isolating outliers and anomalies, you will be able to bring your analysis and decision -making to new levels without the time-consuming, manual calculations. 65 Integrated telematics solutions f: Yes WEX is also Sourcewell's telematics r No provider. WEX fleet data integrates seemlessly and at no cost with WEX telematics. 66 Web -based account management and G Yes WEXOnline®, WEX's proprietary online reporting tools r No management tool, helps fleet managers manage their fuel and service expenses to help maximize operational efficiency. They can perform day-to-day card and prompt management as well as complete analytical reporting, determine the health of the vehicles, review spending metrics, and accurately forecast for future budgeting. This tool is web -based so they can manage the fleet from any computer at any time. 67 Private -site fuel location payment or G. Yes Private Site Reporting consolidates data services r No tracking of onsite and retail fuel transactions into one comprehensive report, allowing you to monitor private transactions for abuse through purchase controls at the point of sale using your WEX card. This program provides in-depth reporting of onsite fuel transactions at the vehicle level integrated with retail fuel purchases. The system is designed to exclude onsite fuel transactions from your invoice while providing consolidated comprehensive vehicle level paper and electronic reporting along with your retail transactions. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 149 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 68 Electric vehicle charging station fee r: Yes In partnership with ChargePoint, the payment r No world's largest electric vehicle charging network, WEX EV FleetCharge offers EV charging and integrated reporting for business, government, and transit fleets. WEX EV FleetCharge is available to any WEX Fleet Card customer, and allows WEX customers to use their WEX Fleet Card account to charge electric vehicles at more 66,000 ChargePoint charging stations. ChargePoint will provide an RFID tag that is used to activate the charging station and will be connected to your WEX account. Set your WEX Fleet Card as the form of payment, then enter the RFID code and your EV transactions will be included in your WEX Fleet Card reporting, noted with an EV product code. ChargePoint transactions are billed nightly to your account. Table 15: Industry Specific Questions Line Item Question Response* 69 If you are awarded a contract, provide a few examples of We utilize a disciplined, data -driven approach for these internal metrics that will be tracked to measure whether you programs and track key metrics such as response rate, are having success with the contract. close rate, average fleet size, credit approval rate, account and activation rate, card yield and overall ROI. We use SalesForce.com and Siebel CRM systems to track the effectiveness of each unique campaign, and review results of each marketing program in detail, both internally and in conjunction with our partners. Our approach includes a ready willingness to try new concepts and approaches using "champion -challenger" methodology so that we can learn and compare results of proven campaign approaches with those of newer test or concept campaigns. 70 Describe available features or controls that assist with In our experience, efforts by WEX's Fraud Department, in mitigation of fraud, waste, or abuse in the solutions offered. tandem with a customer's use of a fleet management policy, controls, alerts, and careful review of all reports (including exception reports) helps substantially reduce exposure to abuse and fraud, and any associated losses. WEX has instituted business practices designed to help you detect and reduce fraud and/or misuse of the WEX card. WEX's Fraud Department performs three primary functions in an effort to identify and mitigate fraud on our fleet customers' accounts: Primary Functions Review Transaction activity Identify potentially abusive or fraudulent behavior Notify customers when such behavior occurs Our Fraud Department makes every effort to detect unusual or excessive purchase activity using constantly evolving techniques and reporting. If such activity is detected, an analyst will contact the fleet manager to bring it to their attention, noting details such as: "Red Flag" Activity Indicators Date and time of purchase Merchant location Product purchased Driver identification number used to conduct the sale Dollar amount Our Fraud Department has been instrumental in providing recommendations to help reduce the occurrence of fraud, Bid Number: RFP 080620 Vendor Name: WEX Bank Page 150 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 proactively working to identify fraudulent transactions, and working closely with fleets, merchants, and appropriate authorities to minimize losses and prevent such situations from continuing or re -occurring. WEX will terminate compromised cards within 48 hours if there are no fraudulent transactions on the card. If WEX discovers a suspicious transaction, the card is terminated immediately and WEX will attempt to contact the fleet for verification. If the transaction proves to be legitimate, WEX can reactivate the card. There are currently approximately 60 people on WEX's Global Fraud Strategy and Analytics team. WEX works with state and local law enforcement in an effort to prosecute those who commit fraud with the WEX card. WEX attempts to pro -actively close down at -risk cards before fraud happens. Monitoring System In recent years, white plastic fraud has become the most significant form of fraud in the fleet card industry. White plastic is the result of a third party stealing card information and loading that information onto a new card for the purpose of conducting fraudulent transactions. In the cases that we see, the data is primarily acquired through devices placed into Automated Fuel Dispensers (AFDs). The devices allow the perpetrators to capture the card numbers, Driver IDs, and odometer readings as they are input at the pump. It is important to know that it's not just WEX cards that are affected by gas pump skimming; any other gas or bank card used at the same pump during the time a device is in place is also at risk of being compromised. WEX uses the data available to us in an attempt to discern the Point of Compromise (POC) for each identified occurrence of white plastic. We use this data to review other cards used at the same location during the same time period for possible abuse. Based on this information and other variables, we determine which cards are most at risk for having white plastic created. WEX has recently deployed Safer Payments, an advanced fraud mitigation system based on Machine Learning technology. Safer Payments is a true, 24/7 real-time system that can help detect and prevent fraud by intercepting fraudulent transactions "in-flight," generating case queues for subsequent investigation, and in specific cases, triggering email alerts. Safer Payments is artificial -intelligence -based software that can identify risky transactions during the authorization process within milliseconds. Transactions above a certain "suspicious level" will be declined, while all other transactions will be allowed to pass. Using advanced machine learning algorithms, Safer Payments continuously "learns" as it aggregates transactions streaming through the solution to detect trends at a portfolio, customer, channel, product, and transaction level. WEX controls the settings that allow the WEX transaction authorization system to "pass," "pass, but flag for review," or "deny" any transaction or group of transactions. Most traditional "neural" or "anomaly detection" software solutions rely heavily on pre -coded patterns of transactions or geolocation monitoring. They lack the ability to learn as they go and to monitor all levels of a card portfolio. They also will typically only "flag" a transaction for review, but may not be able to actually stop a potentially fraudulent transaction from getting through the authorization process. Safer Payments "learns" as it streams transactions through its logic. Safer Payments is able to monitor trends and activity at the portfolio, channel, customer, product, and transaction levels. The logic within Safer Payments is highly configurable and, as fraud trends are identified, will apply past learning, patterns, and trends to new transactions that stream through its logic engine. Safer Payments has multiple levels of detection which can actually prevent a transaction from being Bid Number: RFP 080620 Vendor Name: WEX Bank Page 151 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 authorized or can flag a transaction for review by the fraud team depending upon scoring logic. Safer Payments model maintenance requires no vendor intervention, enabling WEX to update models internally on a daily basis. White Plastic/Skimming WEX works with authorities at both local and federal levels to help authorities identify the individuals associated with white plastic and/or skimming. This level of engagement sometimes involves undercover surveillance, which could be jeopardized by an individual pursuing an investigation on his or her own. WEX may assume liability (financial loss) for white plastic cases. WEX may also require the impacted fleet to submit a dispute form or an Unauthorized Use Affidavit. This notarized document may be requested should the matter be prosecuted; it enables WEX to submit information in a court proceeding as evidence. Without the formal notarization, the claims we are assisting the authorities in pursuing on your behalf may be disallowed. It is important to remember that diligence and responsiveness are also important for fraud mitigation: • Timely review of transaction data and reports is critical to fast identification of suspicious activity. • Expeditious reporting (including submission of the Unauthorized Use Affidavit, if requested) of any suspicious transactions. • Reporting to Customer Service anything unusual seen at stations, such as a pump that may have been tampered with/opened or a card reader that appears abnormal. Security and control We enable our customers to monitor and control their fleets' expenditures. Through WEXOnline®, fleet managers can set pre -determined limits on spending amount, purchase frequency, product and service type, and the hours during which purchases can be made. Through WEXOnline®, fleet managers can perform real-time modifications to any pre -determined limits, and add or remove driver identification numbers in response to changes or to prevent theft. They also can elect to be notified by email when limits are exceeded in eight purchase categories, including limits on transactions within a time range, gallons per day and allowable fuel types. Our purchase controls allow fleet drivers to purchase essential items and services when needed, but deter them from making excessive or unauthorized purchases. Exception Reports Managing by exception is an excellent way to save time while ensuring your policies are being followed in the field. Exception reports work well with purchasing controls to help fleet managers identify potential fraud or abuse. Prompt ID The WEX card cannot be electronically activated without entering a valid Prompt Identification Number, rendering the card useless to someone who has found or stolen it. The authorization process acts as a security measure, and provides a layer of protection against fraudulent activity. A valid Prompt ID is required by all users at the point of sale, providing security to the fleet customer. ClearViewTM WEX Fleet ClearViewTM is a suite of powerful, cloud -based analytics solutions that automatically organizes, interprets, and intuitively displays fleet -related information. Critical data is presented in an intentional layout of simple and informative visualizations, helping fleet managers monitor operations, understand trends, benchmark performance, investigate anomalies, and recognize cost -saving opportunities. ClearView's Exceptions Module can help you recognize and mitigate fraud. Three exceptions that many large fleets use are: Over Limit: This exception allows customers to customize the time period and dollar threshold, which triggers this Bid Number: RFP 080620 Vendor Name: WEX Bank Page 152 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 71 Describe the acceptance network of the card, mobile application, digital, or virtual payment services offered for vehicle, aviation, and/or marine fleets, as applicable. exception when a vehicle or driver surpasses the set limits. Since fuel merchants are lagging behind all other industries in the adoption of EMV chip technology, white plastic has migrated to the gas station/convenience store industry. You can check this exception each day to quickly identify and terminate compromised cards by, for example, noting the high number of gallons and transaction count for a particular vehicle. Exceeding Tank Capacity: This exception identifies when more gallons were purchased than the vehicle's tank can hold. You can use this exception to identify fuel theft and card skimming. This allows you to notice the drastic changes in geography, fuel type, gallons, and dollars. Fuel Mismatch: Customers use this exception to identify when the type of fuel purchased doesn't align with the type of fuel required for the vehicle's engine. This exception can be used for card skimming, driver theft, card swaps, and policy compliance. For example, you might notice a gasoline - powered vehicle buying diesel, oftentimes for more gallons than the vehicle's tank can hold. ClearView is described in greater detail below. MERCHANT REQUIREMENTS WEX accepting merchants and partners agree to establish the following security procedures to safeguard card sale data and cardholder information. 1. Inspect pumps daily for signs of tampering, including unusual equipment near the card reader. 2. Secure dispensers with unique locks and apply security labels as required by local laws. 3. Install adequate lighting, especially above pumps that are not visible by inside employees. 4. Install security systems, including cameras for monitoring employee and customer behavior. 5. Implement fuel pump shut-off limits. If needed, WEX can advise you on recommended shut-off values. 6. Notify WEX immediately in the event of a suspected breach or compromise at your Iocation(s). The WEX Fleet Card offers acceptance in all 50 states, at 95% of U.S. retail fueling locations, all of which are required to transmit Level III data. The card is accepted by all major oil companies and fuel retailers, as well as independent merchants, in urban, rural, and remote locations. The WEX Fleet Card is also accepted at more than 2,000 locations in Canada. For a list of accepting locations nationwide, visit hftp://www.wexinc.com/accepting-locations. Directories WEX is always increasing its acceptance coverage. For the most current information, the WEX corporate website (www.wexinc.com) includes an online site directory where fueling locations can be searched by brand, city, state, and zip code. Site searches can also be done via WEX's web - based account management and reporting tool, WEXOnline®. WEXPayTM WEXPayTM is a tool that enables out -of -network purchases at an additional 398,000 merchants in the Mastercard® network by utilizing a virtual card interface. Typically used for independent or geographically remote fuel and service sites, WEXPayT"" provides the control of a fleet card with the convenience of a credit card. This tool reduces the number of out -of -network sites where drivers would have to use an alternative form of payment. Using WEXPayTM in conjunction with a Custom Control fleet card lets you set the rules for your drivers. Custom Control cards allow you to set merchant, transaction, and even product type limits. We apply those limits to both WEX Fleet Card and WEXPayTM Mastercard transactions. Expanded Bid Number: RFP 080620 Vendor Name: WEX Bank Page 153 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 coverage combined with integrated reporting and invoicing can further streamline your fleet purchasing and operations. How It Works As a Mastercard issuing bank, WEX uses Single -Use Account Number technology to authorize a one-time payment to a merchant. The account number provided to the merchant by phone is fast and secure — good only for that one purchase. When the merchant calls for authorization, the WEX system applies your purchase controls and collects the same level of purchase detail, including Prompt ID and odometer. Details of the purchase are integrated into your WEX Fleet Card invoice and reports. One card, one invoice, one report with the same controls and service WEX customers expect. Purchases are subject to the Mastercard transaction processing rules and terms of use, including tax exemption rules. Adding New Merchants WEX is always increasing its acceptance coverage for fuel, service, and marina locations. Because we currently have acceptance at 95% of all retail fuel sites in the United States, our merchant acquisition strategy is driven by the needs of our fleet customers. If a customer needs specific merchants added to the WEX accepting network, the customer should provide the following information to WEX: • Merchant name • Merchant address • Merchant contact person • Phone and fax numbers • Expected utilization/volume from your fleet • Name and phone number of fleet employee requesting WEX card acceptance WEX will work with all interested parties in an attempt to gain acceptance at the location. This includes either direct agreements or acceptance through our partnerships with network sales organizations and acquirers. Alternative Fuels Certain WEX accepting merchants supply ethanol, natural gas (CNG, LNG), propane (LPG), hydrogen, biodiesel, methanol, and other alternative fuels. WEX has created an Alternative Fuel Directory using transaction information passed to us by accepting merchants, and from external sources such as the Department of Energy. This directory contains more than 6,000 WEX accepting sites that carry at least one alternative fuel type. This directory is available through a download from WEXOnline®, or can be provided in hard copy for use in vehicles. WEX uniquely reports ethanol, methanol, CNG, LNG, and biodiesel. EV FleetCharge In partnership with ChargePoint, the world's largest electric vehicle charging network, WEX EV FleetCharge offers EV charging and integrated reporting for business, government, and transit fleets. WEX EV FleetCharge is available to any WEX Fleet Card customer, and allows WEX customers to use their WEX Fleet Card account to charge electric vehicles at more 66,000 ChargePoint charging stations. ChargePoint will provide an RFID tag that is used to activate the charging station and will be connected to your WEX account. Set your WEX Fleet Card as the form of payment, then enter the RFID code and your EV transactions will be included in your WEX Fleet Card reporting, noted with an EV product code. ChargePoint transactions are billed nightly to your account. Aviation and Jet Fuel -- AVCARD WEX customers can manage aircraft fueling, maintenance, and activity with the AVCARD program. AVCARD — a complete purchasing solution for fuel and related aviation services — is a credit card and contract fuel program used by corporate and private flight departments at both domestic Bid Number: RFP 080620 Vendor Name: WEX Bank Page 154 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 and international airport locations. In addition to your WEX Fleet Card account, we can set you up with an AVCARD account, which is integrated with your WEX account. AVCARD cards function as both a credit card and a contract fuel card. You'll only need one card program for purchasing fuel and services from all AVCARD acceptors and/or contract fuel suppliers. AVCARD is the most widely accepted aviation credit card, providing fuel access at 7,500 locations in more than 190 countries. With an AVCARD account, you automatically participate in their Contract Fuel Program, which allows you to receive savings on jet fuel virtually everywhere in the world. • View and download contact information and a detailed listing of specific services provided (catering, rental cars, hangar, etc.) • Prearrange your fuel and services • Log in to obtain contract fuel pricing • Request a firm Price Quote by email • Report a lost or stolen card online or use the toll -free number during business hours WEX customers can sign up and use the convenient features of the AVCARD program at no additional charge. Marinas Fleets can purchase gasoline and diesel fuel at marine fueling locations through a combination of direct acceptance of the WEX Fleet Card at marinas with branded oil locations through electronic point of sale systems, and at any of the more than 9,500 marina locations that accept a MasterCard worldwide. The WEX Fleet Card and WEXPayTM would be used at these accepting locations just like any other fueling location to purchase fuel and related services. Additional terms and conditions apply. MAINTENANCE PROGRAM WEX offers several maintenance purchasing solutions to support fleet needs. WEX Service Network (WESN) WEX offers acceptance for service and maintenance needs through the WEX Service Network. WEX Custom Control cards can be used to purchase tires, transmissions, brakes, mufflers, oil changes, glass replacement, car washes, and other routine vehicle maintenance products and services at national brand and local service stations, including Goodyear, Sears, Jiffy Lube, Valvoline, and Bridgestone/Firestone. The WEX card is currently accepted at approximately 33,000 service sites. Maintenance Management Solutions - Purchase Log WEX offers Purchase Log to facilitate payments to merchants that accept MasterCard®. Purchase Log is a web - based interface that allows fleet -designated staff to securely log in to WEX's MasterCard® settlement website and enter pertinent Level III data associated with a transaction (or invoice). This can include up to six entry fields for the fleet - specific data such as billing codes. Once the transaction information and payment amount is entered, a virtual card/single use ghost account with expiration dates and CVC2 values is presented. The fleet provides this to the merchant for payment. Using the MasterCard® payment network, you see all requests and approve all transactions before they take place. You can give your managers different levels of approval, while maintaining control over larger purchases. Purchase Log uses Single Use Virtual Accounts to make secure payments to vendors. It is a safe and secure method of paying your vendors that lowers the possibility of misuse or fraud, and significantly reduces your paperwork. Purchase Log transactions appear on their own invoice and report since the program is separate from your WEX Fleet Card account. Reports can often be formatted to be imported into most customer accounting programs. The standard Purchase Log billing cycle is monthly, subject Bid Number: RFP 080620 Vendor Name: WEX Bank Page 155 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 to final credit approval. The standard payment term for Purchase Log is 15 days from the date of invoice and is subject to final credit approval. This payment term may be different from that of your fleet account. There are several payment methods available, including standard check, online, by phone, or via wire or ACH. There is no early payment discount and there are no extra fees. There may be associated fees to your account for other types of MasterCard® purchases and services, such as international currency conversion. Since Purchase Log uses MasterCard® account technology, it is separate from your WEX Fleet Card account. Additional terms and conditions and sometimes an additional credit line apply. WEX Bank may be able to utilize your existing fleet card credit line (if there is sufficient unused credit) for the Purchase Log program. Purchases are subject to the MasterCard transaction processing rules and terms of use, including tax exemption rules. WEX Fleet DriverDash is an application used by fleet drivers to activate their fleet cards, enter required prompts, and purchase fuel at the pump. The solution enables fleet drivers to authorize a fuel transaction via mobile device and biometrics from within their vehicle. DriverDash can help solve issues like skimming and inaccurate odometer readings with secure, in -vehicle transactions. DriverDash captures receipts electronically. The DriverDash program is currently available at more than 25,000 fueling stations across the continental U.S. and WEX is actively expanding the network among its accepting merchants. 72 If offering payment services for electric vehicle charging In partnership with ChargePoint, the world's largest electric station fees, describe available data collection and sharing vehicle charging network, WEX EV FleetCharge offers EV options. charging and integrated reporting for business, government, and transit fleets. WEX EV FleetCharge is available to any WEX Fleet Card customer, and allows WEX customers to use their WEX Fleet Card account to charge electric vehicles at more 66,000 ChargePoint charging stations. ChargePoint will provide an RFID tag that is used to activate the charging station and will be connected to your WEX account. Set your WEX Fleet Card as the form of payment, then enter the RFID code and your EV transactions will be included in your WEX Fleet Card reporting, noted with an EV product code. ChargePoint transactions are billed nightly to your account. 73 Explain the value-added tools offered for fleet data analytics, lin addition to the WEX fleet card program, we are offering integrated telematics, data file transfer and validation, private- ClearView data analytics and reporting; Telematics; and site fueling solutions, fleet technology interfaces, etc. Private Site Rebilling. WEX FLEET CARD The WEX Fleet Card program, described in detail throughout this RFP response, offers best -in -class card functionality, reporting and customer service. Our technology and services include: 99.8% Level 3 data on all transactions (including remote sites that may only transmit Level 1 or 2 using MasterCard) Nine levels of hierarchy, for more flexible reporting and billing options Advanced card to PIN functions; ability to tie one card to one PIN, etc. More flexible prompting options at point of sale Broad acceptance through our proprietary network, as well as expanded acceptance through virtual MasterCard technologies Comprehensive tax exemption program for Federal and State taxes Robust online reporting tools through WEXOnline, including ability to schedule and share custom reports Ability to customize data fields and add GL codes for Bid Number: RFP 080620 Vendor Name: WEX Bank Page 156 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 accounts, drivers, vehicles or cards • Control over user access to the online system, with advanced administrative functions WEX FLEET CLEARVIEW WEX's recently released WEX Fleet ClearView analytics platform gives managers a dynamic view into their fleet operations. You'll have the ability to combine and analyze large amounts of data, and use the results to take corrective action. Whether it's identifying and understanding short- or long-term trends, reviewing performance benchmarks or isolating outliers and anomalies, you will be able to bring your analysis and decision -making to new levels without the time-consuming, manual calculations. • Gain a clearer picture of vehicle and driver performance to identify cost savings opportunities • Streamline operations to help eliminate redundancies • Quickly identify areas of your organization that need to focus on key performance indicators like card activation rate and price per gallon Identify outliers and anomalies to reduce fraudulent activity and identify opportunities for driver education • View volume and price information by merchant brand to divert drivers from high -price stations, and negotiate better rates for heavily -utilized merchants. • Review purchasing patterns to better understand trends in expenses TELEMATICS WEX Telematics is a suite of Telematics solutions carefully assembled to meet the needs of the WEX fleet customer base. Our best in class technologies leverage GPS for tracking and are driven by innovative hardware, software and reporting capabilities. We partner with you to accomplish your specific business goals, such as: • Maximize the utilization and productivity of your workforce and vehicles • Reduce overall operating costs and improve revenue • Reduce fuel costs • Reduce risk and Improve safety and compliance • Improve customer experience and relations • Help you become a greener company We take a consultative approach to fully understand your specific business case and carefully select the solution that best meets your needs. We help you leverage industry best features and reporting options. What makes us different? • More than 30 years of fleet experience • Consultation and guidance from people you know and trust • A suite of solutions to • Proven implementation • Best in class products class customer service meet your specific business case process to simplify enablement backed by US -based world • Innovative fuel/GPS integrated products to help curb card abuse Features - Dashboards - Mapping - Real -Time Alerts (e-mail or text) • Speed violations • Idling • Landmark entry/exit • Odd -hours usage • Diagnostic trouble codes (optional) • Odometer -driven maintenance Bid Number: RFP 080620 Vendor Name: WEX Bank Page 157 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Reports • Begin/end of day • Stop and drive time • Engine operating performance data and statistics • Fuel usage, MPG • Fuel guard • Safety violations • Custom reporting options PRIVATE SITE REPORTING Private Site Reporting consolidates tracking of onsite and retail fuel transactions into one comprehensive report, allowing you to monitor private transactions for abuse through purchase controls at the point of sale using your WEX card. This program provides in-depth reporting of onsite fuel transactions at the vehicle level integrated with retail fuel purchases. The system is designed to exclude onsite fuel transactions from your invoice while providing consolidated comprehensive vehicle level paper and electronic reporting along with your retail transactions. Once installed, your card readers will be required to retain reportable information so you don't have to. Just like a retail transaction, the driver initiates the data capture by entering their Driver ID and odometer. Your card reader will provide the fuel type, gallons, PPG as programmed in the card reader, and total sale. Upon receipt, WEX integrates this key information into your fleet's usage reporting. Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 080620 Vendor Name: WEX Bank Page 158 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Documents Ensure your submission document(s) conforms to the following 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Financial Strength and Stability - 2019 Annual Report to Stockholders. pdf - Thursday July 30, 2020 10:17:17 • Marketing Plan/Samples - Marketing Plan-Samples.zip - Thursday August 06, 2020 06:43:26 • WMBE/MBE/SBE or Related Certificates (optional) • Warranty Information (optional) • Pricing - Pricing.zip - Thursday August 06, 2020 14:10:01 • Additional Document - Additional Documents.zip - Thursday August 06, 2020 14:04:47 Bid Number: RFP 080620 Vendor Name: WEX Bank Page 159 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first - quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Bid Number: RFP 080620 Vendor Name: WEX Bank Page 160 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 Assets Control of the United States Department of the Treasury found at: https://www.treasuryaov/ofac/downloads/sdniist.pdf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://www.sam.ciov/portal/3; or c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. I✓ By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Tim Laukka, President and CEO, WEX Bank The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and pages attachments (if applicable) Addend um_2_Fleet Payment_Solutions_RFP080620 r Wed July 29 2020 05:48 PM Addendum _1_ Fleet _ Payment_Solutions_RFP080620 r Sun July 5 2020 09:09 AM Bid Number: RFP 080620 Vendor Name: WEX Bank Page 161 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX Wex Universal —Terms and Conditions for Government Fleets EX Bank, a federally -insured Utah industrial bank ("Issuer"), would like to provide and propose the following terms (the "Agreement") to be included in any resulting contract between Issuer and your contracting agency or entity ("Customer"). The Agreement is specifically related to our product offering and banking regulations for issuing credit. The definitions on Schedule A apply for purposes of this Agreement. 1. Use of Account. The Account may be used to make purchases at merchants participating in the WEX network. Customer agrees that the Account and a Card may only be used for business purposes, and not for any agricultural or personal, family, or household purposes. Customer shall adopt and follow internal policies and controls to ensure that the Accounts and Cards are used strictly for business purposes. Purchases of lottery tickets or other games of chance, gift cards, pre- paid cards or other cash equivalent charges are prohibited. 2.Account Users. 2.1 Customer shall designate Account Users as well as those contacts authorized to: (a) provide Issuer with the information necessary to establish and maintain Account(s), Cards, and DINs; (b) provide vehicle, driver and other information; (c) receive all Account numbers, Cards or reports; (d) receive other Account information; and (e) select additional products and/or services that may be offered. Customer will provide notice of any change or removal of any contact or Account User either in writing, by telephoning Issuer's customer service department or through Issuer's online system. Issuer is authorized to take instruction from any Account User or contact with apparent authority to act on Customer's behalf. Unless Customer reports any errors in Account information or Cards, Issuer is entitled to rely on that information for servicing the Account. Customer shall ensure that each Account User complies with the terms and conditions of this Agreement. Customer is liable for any employee misuse of Cards. 2.2 Customer is responsible for notifying Issuer of any revocation of authority of an Account User to use a Card or the Account. An Account User shall be deemed to have authority to use a Card and the Account until Issuer receives notice of revocation of authority from Customer in the manner required by Issuer and Issuer has a reasonable time to act on the notice, notwithstanding whether any such use is consistent with any limitations on use imposed on an Account User by Issuer. 2.3 Customer assumes all risk if Customer chooses to leave a Card at an accepting location for use by its drivers or Account Users and, as such, agrees to pay for all charges made with that Card or on that Account. Customer agrees to keep DINs confidential and ensure that its employees or Account Users do not disclose any DIN. Customer is liable for any Unauthorized Use that results if an Account User or other employee discloses a DIN or writes a DIN on a Card, even if the disclosure is inadvertent or unintentional. Customer shall not provide actual, implied or apparent authority to any Person to use a Card or the Account except for an Account User. 3. Credit Limit and Authorizations. 3.1 Issuer will notify Customer of the Credit Limit assigned to the Account. Customer shall ensure that the balance of the Account does not exceed the assigned Credit Limit. Issuer may change the Credit Limit in its sole discretion without prior notice, except as may be required by applicable law. Issuer may, but is not required to, permit Customer to exceed its Credit Limit. Customer must comply with the Credit Limit even if Issuer has previously permitted Customer to exceed the Credit Limit. Customer shall, immediately upon request, pay the amount over the Credit Limit. 3.2 Issuer has sole discretion to determine whether to establish an Account and extend credit to Customer. Issuer may suspend an Account or refuse to authorize any Transaction in its sole discretion for any reason, including in the event that: (a) any balance is past due; or (b) the amount of the Transaction plus the outstanding balance (including Transactions authorized but not yet posted) exceeds the Credit Limit. 4. Controls. 4.1 Customer may request that Controls be applied to the Account. The availability and effectiveness of Controls is dependent upon each merchant's adoption of Card specifications and the information, including product codes that the merchant transmits to Issuer. The product codes are assigned by each merchant and not by Issuer. In addition, some Controls are not enforceable at island card readers due to equipment restrictions at the merchant location. There are inherent limitations on the ability of Controls to limit the use of Cards in the manner intended. 4.2 Issuer may, in its sole discretion and without prior notice, modify Controls for the purpose of, among others, the prevention of suspected fraudulent activity. Issuer may apply default Controls on its portfolio of accounts. Issuer will use reasonable efforts to notify Customer after any modification to a Control setting is made. Customer shall review and manage the account set-up for all Cards based on Customer's specific purchasing needs. Customer agrees it is responsible for reviewing fraud control data provided by Issuer for the purpose of detecting fraud that may occur within Control parameters. 4.3 Default Control values are modified through the online product. More detailed information and certain limitations regarding Controls is provided online. Only Transactions submitted for authorization are subject to Controls and those Controls can only be enforced when the merchant provides sufficient information as part of the authorization. 4.4 Controls are provided for the convenience of Customer in its efforts to manage usage of Cards and the Account. Issuer encourages Customer to set Controls in a manner that Customer determines is most likely to conform usage of Cards and the Account to the purposes determined by Customer. However, Issuer is not responsible for the prudence of any particular Control level selected by Customer. Customer shall be liable for all Transactions, regardless of Control settings selected by Customer or the effectiveness of the Controls, except as expressly provided in this Agreement or under applicable law. 5. Billing and Payments. 5.1 [Customer shall make payment in accordance with, and within the time specified in, any specific prompt payment laws to which Customer is subject.] Issuer will provide Customer with a billing statement for each Billing Cycle in which the Account has activity. Customer agrees to pay Issuer in full on or before the relevant cutoff time on or before the Due Date. 5.2 Customer will pay Issuer for all credit extended under the Account, as well as any fees and charges, as provided in this Agreement. Customer is liable for all Transactions on the Account to the fullest extent permitted by applicable law, except as expressly provided in this Agreement. Customer may pay the entire balance of the Account or a portion of it, at any time prior to its Due Date without penalty. 5.3 All payments must be made in United States dollars, using checks or similar payment instruments drawn on financial institutions in the United States or by payment through the Automated Clearing House network in accordance with Issuer's requirements. 5.4 Payments made via paper check are posted to the Account after processing and must arrive at Issuer at least two Business Days before the Due Date Rev. 2/2020 19 Page 162 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX on the billing statement. It can take up to two Business Days to process a check from the time the envelope containing a check arrives at Issuer's facility to posting of the check amount to the Account. 5.5 For payments not made by paper check, payments on a Business Day before the cut-off time in this Section 5.5 (the "Cut-off Time") will be posted on that Business Day. Payments after the Cut-off Time on a Business Day, or on a day other than a Business Day, will be posted on the following Business Day. The Cut-off Times for payments not made by check are as follows: a payment transaction made via Issuer's online payment portal must be completed by 3:00 p.m. ET; a payment transaction made via IVR must be completed by 3:00 p.m. ET; and a payment transaction made via ACH must arrive to Issuer by 3:00 p.m. ET. 5.6 Regardless of payment method, Customer must ensure that Customer's account number is provided with the payment. Failure to do so will cause processing delays in posting the payment to the Account. Payments that are received at locations other than the address specified on the billing statement, or that do not otherwise comply with instructions on the billing statement or the Agreement, may be delayed in posting. 5.7 Payments will be applied first to fees and then to other amounts owing on the Account. Issuer, in its sole discretion, may determine when to restore available credit in the Credit Limit after crediting a payment to an Account. 6. Reports. Issuer provides Transaction data for the Account to the Customer as transmitted by merchants. Customer is responsible for reconciling that data. Issuer will report the data received from merchants and as such is not liable for the accuracy or completeness of the data received, posted, or contained in any specialty reports, management reports, data services, or other information services provided. In addition, Customer understands that in the event an error is identified in a report, such as an incorrect product code, Customer is still liable for the Transaction, but may follow the dispute process as described in this Agreement. 7. Late Fees. 7.1 Late fees to be applied and paid in accordance with any specific prompt payment laws to which Customer is subject. 8. Other Fees. In addition to Late Fees, Customer agrees to pay the additional fees in the amounts and as described on the Fee Schedule. 9. Disputed Amounts. 9.1 Customer shall use its best efforts to resolve any disputes regarding Transactions directly with the relevant merchant, including any dispute related to the quality of goods or services that are purchased in a Transaction or any warranty received in connection with a Transaction. 9.2 All billed charges must be paid in full regardless of reported disputes. Charges must be disputed in writing within sixty (60) days from the billing date or they will be final and binding. Customer may dispute an amount reflected on a billing statement if. (a) the amount does not reflect the face value of the Transaction; (b) the amount being disputed is a fee that is not properly accrued under this Agreement; or (c) Customer does not believe it is liable for that amount. 9.3 Transactions made at an island card reader where Customer or Account User did not obtain a receipt at the time of sale are eligible for dispute. However, the receipt may provide the only opposing record to the Transaction information submitted by the merchant. In addition, island card reader Transactions require both a valid Card and DIN to be authorized and often disputes regarding such transaction are the result of an Account User failing to comply with limits on Card usage imposed by Customer, which does not constitute Unauthorized Use or relieve Customer from liability for the Transaction. 9.4 Certain Transactions in dispute may qualify for charge back to the merchant. Issuer will use reasonable efforts to charge the Transaction back to the merchant in accordance with Issuer's procedures under its merchant acceptance agreement with the merchant. Any charge back paid by the merchant to Issuer will be credited to the relevant Account. Customer may be liable for the Transaction if the disputed item cannot be charged back to the merchant. 10. Unauthorized Use. 10.1 If Customer or an Account User knows of or suspects the loss or theft of a Card or Account or possible Unauthorized Use, or if Customer would like to terminate authority of an Account User to use a Card or Account, Customer will notify Issuer by immediately calling 1-866-544-5796. Customer shall adopt and maintain reasonable security precautions and controls to prevent Unauthorized Use. 10.2 Except as provided in Section 10.3, Customer will be liable to Issuer for all Unauthorized Use of a Card or Account: (a) that occurs before Customer provides Issuer with notice that a Card is lost or stolen or other possible Unauthorized Use of an Account provided in Section 10.1 of this Agreement; or (b) Issuer determines that such Unauthorized Use would have been prevented by Customer adopting and following reasonable security precautions and controls surrounding the Cards or Accounts as described in Sections 1, 4 and 10.1 of this Agreement. A failure by an Account User to comply with Customer's internal policy regarding use of an Account or Card does not, by itself, result in Unauthorized Use of an Account or Card. 10.3 If Issuer has provided Customer with fewer than ten (10) Cards to access the Account, Customer's liability for Unauthorized Use of a Card will be limited to the lesser of fifty dollars ($50) or the amount of money, property, labor or services obtained by the Unauthorized Use of the Card before notification is provided to Issuer of a lost or stolen Card or potential Unauthorized Use of a Card. The limitation on liability for Unauthorized Use of a Card as described in this Section 10.3 shall apply irrespective of any other provision of this Agreement and this Section 10.3 shall control in the event of any inconsistency between this Section 10.3 and any other provision of this Agreement. 10.4 Customer will use reasonable efforts to recover a Card from any Person whose authority to use Customer's Account has terminated or from any unauthorized individual with possession of or access to a Card. Customer will give Issuer and any law enforcement authority reasonable assistance with any investigation and prosecution with respect to Unauthorized Use, including without limitation, obtaining an affidavit or similar written, signed statement from the applicable Account User. 11. Representations by Customer. Customer represents and warrants to Issuer that: (a) this Agreement constitutes the legal, valid, binding, and enforceable agreement of Customer; and (b) that Customer's execution and performance of this Agreement (i) does not constitute a breach of any agreement between Customer and a Person other than Issuer, or of any duty arising in law or equity, (ii) does not violate any law, rule or regulation applicable to Customer, and (iii) if Customer is an organization, is within the organizational powers of Customer and has been authorized by all necessary organizational action of Customer. A. Other Obligations of Customer. A.1 Customer shall provide information requested by Issuer for purposes of Issuer's compliance with federal law related to customer identification and verification, including, but not limited to, name, address, date of birth, and other application information to identify the Customer and/or Account Users. Rev. 2/2020 20 Page 163 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX A.2 Issuer may investigate the financial condition of Customer and its subsidiaries and affiliates at any time. If requested, Customer agrees to furnish Issuer copies of its official and finalized financial statements or other applicable financial information no later than one hundred twenty (120) days following the end of each of its fiscal years. The financial statements shall have been prepared, consistently year -over- year and shall be in accordance with the books and records of Customer. Any financial information submitted shall be kept confidential by Issuer in accordance with Section 20. A.3 Customer agrees to provide written notice (a) in advance of any change to its legal name or in the ownership of Customer, (b) in advance of any change in the organizational structure of Customer, including any merger or reorganization, or sale of substantially all of Customer's assets, (c) immediately if Customer becomes insolvent or the subject ofbankruptcy or insolvency proceedings, or (d) immediately after any appointment of a receiver or trustee for the benefit of creditors of Customer. B. Amendment. Customer agrees that Issuer may change the rates, charges, and other terms of this Agreement, including the Fee Schedule, as well as introduce new terms and fees to the fullest extent permitted under applicable law. Issuer will provide Customer with any notice of such change as required by applicable law. Any change in the terms and conditions of the Account may be applied to the outstanding balance on the Account to the extent permitted by applicable law. 14.Term and Termination. 14.1 This Agreement is effective when a Card is issued to Customer or Issuer opens an Account for Customer and shall remain in effect until terminated by a Party. Customer and Issuer each shall have the right to terminate this Agreement for any reason. Issuer's right to terminate this Agreement pursuant to this Section 14.1 are in addition to Issuer's termination rights under Section 15 if Customer is in Default and under Section 14.5 in connection with the termination or modification ofproducts or services. 14.2 Customer shall exercise its termination right under Section 14.1 by providing written notice to Issuer. Issuer shall have a reasonable amount of time to terminate the Account after receiving a notice of termination from Customer. Issuer shall provide Customer with any notice required by applicable law in connection with the exercise of its termination right under Section 14.1. 14.3 Customer shall not use a Card or the Account to make a purchase after termination of this Agreement. Customer shall return to Issuer, or provide verification of the destruction of, all Account numbers or Cards. Customer may retain a copy of any records or Account information for archival or data retention purposes. 14.4 The terms and conditions of this Agreement shall continue to apply until all amounts owing with respect to the Account are paid in full and Customer has performed all of its obligations under this Agreement. As a result, after termination, Customer remains obligated to pay for all amounts owing on an Account and charged under this Agreement after termination. Section 19 (Arbitration), Section 20 (Confidentiality) and Section 21 (Program Information) shall survive indefinitely. 14.5 Issuer may, for any reason, elect to terminate or modify any product or service described in this Agreement, or provided in connection with the Account in which Customer or an Account User has enrolled, upon such notice (if any) as may be required by applicable law. 15.Default by Customer. 15.1 Customer will be in "Default" under this Agreement if (a) Customer fails to perform any obligation under this Agreement; (b) a representation or warranty by Customer in connection with this Agreement was incorrect or misleading when made; (c) any petition in bankruptcy, insolvency, receivership, or reorganization or proceeding pursuant to any other debtor relief law is filed by or against Customer; (d) any order is entered appointing a receiver, custodian, trustee, liquidator, or any other person with similar authority over the assets of Customer; (e) there is an insolvency, dissolution, reorganization, or assignment for the benefit of creditors with respect to Customer, or any other material adverse change in the financial condition of Customer; (f) any adverse judgment, order or award is entered against Customer that has a material adverse impact on the financial condition of Customer or a detrimental effect on the ability of Customer to perform its obligations under this Agreement; (g) Customer is in default under any other agreement between Customer and Issuer or its affiliates; or (h) any event described in Section 15.1(a) through (g) occurs with respect to any Guarantor or any Guarantor repudiates or otherwise defaults in its obligations under a guaranty. 15.2 If Customer is in Default: (a) Customer will not have any further right to borrow under this Agreement; (b) Issuer may declare all outstanding amounts under the Account to be immediately due and payable; (c) Issuer may terminate this Agreement; and (d) Issuer will have the right to bring suit and exercise all rights and remedies available under applicable law. In addition, if Customer is in Default, Issuer may, in its sole discretion, suspend all services and obligations, shorten the billing cycle, and change the payment terms. A suspension of services or obligations will not be deemed a waiver of any right to terminate this Agreement, whether as a result of the Default to which such suspension of services or obligations relates or otherwise. Customer agrees to pay any and all costs (including reasonable attorneys' fees) incurred by Issuer in enforcing Customer's obligations under this Agreement. 16.Foreirn Transactions. 16.1 Cards are issued for use by Customer's operations based in the United States, but may be used in Canada. Customer may not distribute a Card to a Person based in a country other than the United States. If a Card is used in any country other than the United States, Customer will: (a) be billed in U.S. Dollars; (b) receive reporting in English; and (c) pay the currency conversion fee as reflected in the Fee Schedule (unless such fee is waived). 16.2 Issuer will convert any Transaction made in a foreign currency into a U.S. Dollar amount before the Transaction is posted to the Account. The exchange rate between the Transaction currency (the foreign currency) and the billing currency (U.S. Dollars) used for processing an international Transaction is a rate selected by Issuer using rates available in wholesale currency markets for the date that the Transaction is posted by Issuer, which rate may vary from the rate Issuer itself receives, or the government mandated rate in effect at that time. The conversion rate used on the posting date may differ from the rate applicable on the date of the Transaction. 17.Limitations on Liability. Issuer shall not be liable for any loss sustained by Customer or any other Person resulting from any act or omission by Issuer or any other Person, whether with respect to the exercise or enforcement of its rights or remedies under this Agreement or otherwise, unless the loss is caused by Issuer's gross negligence or willful misconduct. Issuer's liability shall be limited to actual damages incurred by Customer as a direct result of Issuer's gross negligence or willful misconduct. Issuer's liability for actual damages shall not exceed the sum of: (a) all fees paid by Customer to Issuer under this Agreement in the twelve (12) month period prior to the date when any claim is made against Issuer; plus (b) all other revenue earned by Issuer for all of Customer's Transactions made in the twelve (12) months prior to the date of any claim made against Issuer. hi no event will Issuer be liable for incidental, special, consequential or punitive damages and Customer expressly and unconditionally waives any right to such damages. Except as otherwise required under applicable law, Issuer Rev. 2/2020 21 Page 164 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX makes no warranty with respect to goods, products, merchantability, or services purchased with a Card or the Account, or through Issuer. Issuer is not responsible for any failure of a merchant to accept the Account or a Card. 17.1 Issuer is not liable to Customer for any loss, liability or damages that Customer suffers as a result of, related to, or in any way are connected with any fraud control or purchase restriction measures Issuer elects to implement from time to time, unless such loss, liability or damage is a direct result of Issuer's gross negligence or willful misconduct. 18. Waivers. 18.1 THE PARTIES AGREE VOLUNTARILY, INTENTIONALLYAND IRREVOCABLY TO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING INSTITUTED IN ANY COURT, ARISING OUT OF THIS AGREEMENT. 18.2 Customer waives personal service of process in connection with any action or proceeding commenced by Issuer in connection with this Agreement, and agrees that service may be made by certified mail to the last known address in Issuer's records. 19.ARBITRATION. PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. 19.1 This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act ("FAA"), and shall be interpreted in the broadest way the law will allow. 19.2 Covered Claims. (a) Customer or Issuer may arbitrate any claim, dispute or controversy between Customer and Issuer arising out of or related to this Account, any previous related Account, the relationship between Customer and Issuer, or any other product or service provided by or through Issuer (called "Claims"). In this Arbitration provision, the term "Issuer" includes any of Issuer's affiliates that provide or are involved in providing any products or services to Customer and the term "Customer" includes any Guarantor. Claims include disputes relating to incentives or benefits relating to the Account. A Person who asserts a Claim, or against whom a Claim may be asserted, that is subject to this Arbitration provision may be referred to as a "Covered Person." (b) If arbitration is chosen by a Covered Person, then no Covered Person will have the right to litigate that Claim in court or have a jury trial on that Claim. (e) Except as stated below, all Claims are subject to arbitration, no matter the legal theory on which they are based on or the remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, any Person's negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross -claims, third -party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against any Person connected with Customer or Issuer, or by a Person making a Claim through Customer or Issuer, such as an Account User, employee, agent, representative or an affiliated/parent/subsidiary company. 19.3 Arbitration Limits. (a) Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. (b) Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any Covered Person, the Covered Person asserting the Claim may not pursue the Claim as part of a class action or other representative action. Claims of two (2) or more Persons may not be combined in the same arbitration. However, applicants, Account Users on a single Account and/or related Accounts or corporate affiliates are considered as one Person for these purposes. 19.4 How Arbitration Works. (a) Arbitration shall be conducted by the American Arbitration Association ("AAA") according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed ("AAA Rules"), except where those rules conflict with this arbitration provision. The AAA Rules may be obtained at the AAA's website (www.adr.org) or by calling 800-778-7879. A Covered Person may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in -person hearing will be held in the same city as the U.S. District Court closest to Customer's billing address. (b) If the AAA is not available to conduct the arbitration, then a Covered Person may petition a court of appropriate jurisdiction to designate an appropriate arbitrator. (e) Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. A Covered Person does not waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a Covered Person may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. (d) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect Account information and other confidential information of a Covered Person if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. (e) The arbitrator shall make any award in writing and, if requested by a Covered Person, shall provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the Persons named in the arbitration, and shall not have any bearing on any other Person or dispute. 19.5 Paying for Arbitration. Arbitration fees will be allocated according to the applicable AAA Rules. All Persons are responsible for their own attorney's fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to a Person based on applicable law. 19.6 The Final Award. (a) Any award by an arbitrator is final unless a Covered Person appeals it in writing to the AAA within thirty (30) days of notice of the award. The arbitration appeal shall be determined by a panel of three (3) arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal shall be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law. (b) A final award may be entered in any court of appropriate jurisdiction. 19.7 If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between Customer and Issuer. 20. Confidentiality. All information furnished by either Party or by any affiliate of Issuer in connection with this Agreement will be kept confidential (and will be used by the other Party only in connection with this Agreement), except to the extent that the information: (a) is already lawfully known when received; (b) becomes lawfully obtainable from other sources; (e) is required to be disclosed in any document filed with the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, or any other agency of any government; (d) is disclosed by Issuer to its financial services regulators; (e) is used or disclosed as provided in this Agreement or with the consent of the Person whose information is being used or disclosed; or (f) is required by law to be disclosed, provided that notice of the disclosure has been given (when legally permissible) by the Party proposing to make such disclosure, which notice, when practicable, shall be given sufficiently in advance of the proposed disclosure to permit the other Party to take legal action to prevent the disclosure. Nothing Rev. 2/2020 22 Page 165 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX in this section or this Agreement prohibits Issuer from providing any information to its affiliates or third -party servicers related to the operation and maintenance of the business of Issuer and its affiliates, and Customer expressly agrees to these disclosures and use of information, provided that such affiliates and third -parry servicers agree to maintain the information confidentially and not disclose it to any other parties without Issuer's authorization. 21. Program Information. Transaction information related to the Account may be provided to merchants who accept the Card as payment for goods and services. Issuer and its affiliates may use and disclose information obtained by Issuer in operating its card programs, including Transaction information and/or identifiable information of the Customer (collectively, "Program Information") for the purpose of operating Issuer's and its affiliates' business, delivering, improving, and customizing their respective services, sending communications related to their respective business, and for other legitimate purposes permitted by applicable law. Without limiting the foregoing, Issuer may provide Program Information to its affiliates and third parties which provide goods or services to commercial enterprises and Customer understands that Issuer, its affiliates, including but not limited to WEX Inc., and third parties may contact Customer to offer additional products or services including, for example, discount networks for certain non -fuel merchant purchases and telematics products designed to assist customers with vehicle tracking and management. If Customer chooses to enroll in any such product or service offered by Issuer, its affiliates or a third party, Customer may be required to complete additional enrollment forms or agreements, and/or agree to additional terms and conditions (which may include fees for use) with respect to such products or services. For more information on Issuer's privacy policy, please visit the website at: https://www.wexinc.com/privacy-policy/. Issuer and its affiliates may use and disclose Program Information that is not identifiable to Customer in industry analytics and other data services or products provided to third parties. Program Information shall be subject to this Section 21 (Program Information) and not Section 20 (Confidentiality). 22. Assignment. Customer may not assign this Agreement or any interest, rights or obligations under this Agreement, without Issuer's prior written consent. Issuer may, in its sole discretion, assign this Agreement and any of its obligations, transfer any right, or delegate any duty of performance under this Agreement without further notice. The Person to whom Issuer makes any assignment is entitled to all of Issuer's rights under this Agreement, to the extent that those rights were assigned. 23. Miscellaneous. 23.1 Customer may purchase dyed special fuel using its Account or Cards. Customer acknowledges that all dyed special fuel purchases will be used exclusively for off- road purposes and according to all applicable laws governing its use. Issuer is not liable in any way for any misuse or mishandling by Customer of any dyed special fuel. Upon request from applicable governmental authorities, Issuer may provide information regarding Customer's dyed special fuel purchases without prior authorization from Customer. 23.2 Issuer may monitor telephone communications between its employees and its customers for service quality purposes. Customer consents to such monitoring and recording of telephone communications and agrees to notify employees who may be in telephone contact with Issuer's representatives that periodic monitoring of conversations will occur. 23.3 Issuer's compliance with this Agreement shall be excused to the extent that any failure or delay in performance by Issuer is attributable, in whole or in part, to causes or circumstances beyond Issuer's reasonable control including, but not limited to, acts of God; civil disturbance; war; acts of government; natural disasters; labor disputes and computer or telecommunication failures. 23.4 This Agreement and any and all claims relating to or arising out of this Agreement, whether sounding in contract, tort, or otherwise, in each case, shall be governed by federal law and, to the extent that state law applies, the laws of the State of Utah. 23.5 If either Party is notified by a state or federal regulatory body that any aspect of the services provided by Issuer or this Agreement does not comply with any applicable law, regulation, rule, policy, or order, then the affected Parry shall give the other Party prompt written notice of the non-compliance. Following notice, the affected obligations will be suspended and the failure to perform those obligations will not be deemed a breach of or Default under this Agreement so long as the affected Party is unable to perform due to the notice given by the state or federal regulatory body. 23.6 Nothing contained in this Agreement, or the performance by a Party of its obligations under this Agreement, shall result in the Parties having a partnership, co -venture or agency relationship, except to the extent that a Party is expressly designated to act as an agent of the other Party, or render a Party responsible for the debts, liabilities or obligations of the other Party. 23.7 No delay or omission by Issuer to exercise any right under the Agreement shall impair such right or be construed to be a waiver of any default. The authorization of Transactions shall not constitute any waiver, including of Issuer's rights with respect to such Transaction. Any single or partial exercise of any such right by Issuer shall not preclude other or further exercise thereof or the exercise of any other right. No waiver, amendment, or other variation of the terms, conditions, or provisions of the Agreement shall be binding on Issuer unless in writing, and then only to the extent set forth in such writing. 23.8 No Person other than a Party to this Agreement shall have any right to enforce the terms and conditions of this Agreement. No Person, including an Account User, will be a third party beneficiary of this Agreement. 23.9 Except as otherwise provided in this Agreement, all notices will be in writing and deemed effective when personally delivered or mailed, first class postage prepaid to the appropriate Party at the address set forth in the application for credit or at such other address as the Parties may indicate from time to time. In addition to the notice methods provided above, the Parties agree that a communication: (a) by facsimile to a number identified by the recipient as appropriate for communication under this Agreement; or (b) by email to or from an address normally used by an Account User for business communications, shall be considered to be a "writing" and to be "signed" by the Party transmitting it for all purposes. The Parties agree to waive any claim that a transmission does not satisfy any writing or signature requirements under applicable law. The Parties agree that a photocopy or printed copy of a facsimile or email constitutes the "best evidence" and an "original" of such a writing. 23.10 If any portion of this Agreement is held to be invalid, the remaining portions shall remain in full force and effect and shall continue to be binding upon the parties (except as specifically provided in Section 19 (Arbitration)). 23.11 This Agreement, any notices in connection with this Agreement, and any guaranty of Customer's obligations under this Agreement constitutes the entire agreement among the Parties and supersedes all prior agreements, understandings, and arrangements, oral or written, among the Parties with respect to the subject matter hereof. Schedule A Definitions "Account" means the charge card account provided to Customer by Issuer. An Account may be accessed by a Card or an account number. Rev. 2/2020 23 Page 166 of 634 DocuSign Envelope ID: 68D9C258-B3D5-487A-BB02-F240DOD6B3E1 080620-WEX "Account User" means Customer or any other Person that Customer has notified Issuer is authorized to use the Account or a Card in accordance with the requirements and procedures established by Issuer from time to time. "Billing Cycle" means the time interval between the dates of Customer's regular billing statements. Customer's first Billing Cycle may be shorter than other Billing Cycles. All credit terms will apply in each Billing Cycle including the first Billing Cycle. "Business Day" means any day other than a Saturday, Sunday, or other day on which banking institutions in Utah are generally authorized or required by law or executive order to close. "Card" means a plastic card provided by Issuer that may be used to access an Account. "Controls" are a set of authorization tools designed to assist Customer with managing Transactions. "Credit Limit" is the amount of credit assigned to Customer's Account as established by Issuer from time to time. "DIN" means the identification number associated with an Account User or Card. "Due Date" means the date the repayment of the balance of the Account is due as provided on a billing statement. "Fee Schedule" means the List of Fees included as Schedule B. "Guarantor" means any Person who guarantees the obligations of Customer under this Agreement. "Party" means Bank or Customer and "Parties" means Issuer and Customer. "Person" means an individual, corporation, partnership, limited liability company, trust or other organization. "Transaction" means the use of a Card or Account to buy goods or services at a merchant that accepts the Card or Account. "Unauthorized Use" means the use of the Account or a Card by a Person who does not have actual, implied or apparent authority for such use, and from which the Customer receives no benefit. Schedule B List of Fees Set Up Fee Monthly Card Fee Replacement Card Fee International Currency Conversion Fee Reproduced Reports General Research Fee Expedited Shipping Fee Returned Payment Fee Reactivation Fee Truck Stop Fee Paper Delivery Fee WAIVED WAIVED WAIVED 2% of the total transaction value $25.00 per request $15.00 per hour Cost vanes $50.00 per occurrence $50.00 per occurrence (max monthly fee of 50.00) Up to $3.00 per card swipe at a diesel pump* $10.00 per month for paper invoicing and reporting Pricing for additional products and services is available upon request or reflected on the enrollment forms or in the terms of use that Customer must agree to in order to receive the additional products and services. Call 1-866-544-5796 with questions about any of the above. Rev. 2/2020 24 Page 167 of 634 CITY OF POW, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-780 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Les McGaugh, Purchasing Director DATE: SUBJECT: Copiers and Managed Print Services through AR State Contract SP-20-0020 RECOMMENDATION: A resolution to approve participation in the State of Arkansas contract for Canon Copiers and Managed Print Services, as serviced through our local dealers, for the duration of the contract. BACKGROUND: They City purchases copiers outright, then pays for a maintenance costs on a per -print basis. Purchasing then applies a mark-up on each copy/print and uses that fund to replace our current copiers. The City currently has a fleet of 40 Canon copiers throughout all facilities and our local dealer Preferred Office Technologies manages the print services on those copiers. DISCUSSION: The City can continue these services under State Contract SP-20-0020 through July 31,2024. BUDGET/STAFF IMPACT: Purchasing Collected monthly fees from internal departments as a per print cost. All expenses will be less than revenues. ATTACHMENTS: SRF - Canon, SP-20-0020-Contract-Information Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 168 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-780 Copiers and Managed Print Services through AR State Contract SP-20-0020 A RESOLUTION TO APPROVE THE PURCHASE OF COPIERS AND MANAGED PRINT SERVICES FROM CANON USA, INC., PURSUANT TO A STATE OF ARKANSAS COOPERATIVE PURCHASING CONTRACT, THROUGH JULY 31, 2024 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 copiers and managed print services from Canon USA, Inc., pursuant to a State of Arkansas cooperative purchasing contract, through July 31, 2024. Page 1 Page 169 of 634 Les McGaugh Submitted By City of Fayetteville Staff Review Form 2023-780 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/16/2023 PURCHASING (160) Submitted Date Division / Department Action Recommendation: A resolution to approve participation in the State of Arkansas contract for Canon Copiers and Managed Print Services, as serviced through our local dealers, for the duration of the contract. Budget Impact: N/A N/A Account Number N/A 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 N/A Project Title $ Previous Ordinance or Resolution # Approval Date: V20221130 Page 170 of 634 Department of Transformation and Shared Services Governor Sarah Huckabee Sanders Secretary Joseph Wood SP-20-0020 Copiers and Managed Print Services Current Effective Dates: November 26, 2019, through July 31, 2024 Potential Final Expiration Date: July 31, 2024 TSS Office of State Procurement Contract Administrator Cyndle Jump Phone: 501-324-9314 Email: Cyndle.jump@arkansas.gov Mandatory Status Non -Mandatory Certified Minority Vendor Status No AASIS Outline Agreement Number 4600045512 — Canon USA Inc. Vendor Information Canon USA Inc. Dave Rothauser Phone: 613-330-5443 E-mail: drothauser@cusa.canon.com Cooperative Information NASPO ValuePoint Portfolio Details - NASPO ValuePoint CONTRACT OVERVIEW SP-20-0020 Copiers and Managed Printed Services has 1 Vendor, who, along with their dealers and resellers are available to provide copier and managed print services throughout the State of Arkansas. PERMISSIVE USERS All eligible purchasers within the State of Arkansas including State agencies, educational institutions, local public procurement units, and political subdivisions are authorized to utilize the services offered under the terms and conditions of the contract. Office of State Procurement 501 Woodlane Street, Suite 220 * Little Rock, AR 72201 * 501.324.9316 Page 171 of 634 AGENCY INSTRUCTIONS For the Master Outline Agreements, State Agencies must create an Outline Agreement in AASIS referencing the applicable Master Outline Agreement number and SP-20-0020 if the purchases on the Master Outline Agreement are expected to exceed the $50,000 threshold required for legislative review. State Agencies are responsible for obtaining the necessary reviews and approvals for all Outline Agreements, including but not limited to legislative review and for entry into the TGS/PCS Portal. TGS/PCS PORTAL > $25,000 to < $50,000 Reported > $50,000 Reviewed AWARDED COMMODITIES AND SERVICES Copiers and Managed Print Services Page 172 of 634 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-778 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Les McGaugh, Purchasing Director DATE: SUBJECT: Contract with GovDeals, Inc. for the sale of City Surplus Items RECOMMENDATION: Staff recommends utilizing an existing Sourcewell cooperative purchasing contract with GovDeals, Inc. through the initial period of March 19, 2025 and any renewals. BACKGROUND: The City has been under contract with GovDeals, Inc since 2010 to sell surplus equipment and vehicles. Since the initial contract in 2010, the City has sold over $8,000,000.00 in surplus and decommissioned assets. DISCUSSION: Under the fee structure of the Sourcewell contract, the buyers pay a premium and the services are at no cost to the City. BUDGET/STAFF IMPACT: Revenue is receipted in to the funding source from which the original procurement was made. ATTACHMENTS: SRF - GovDeals, Sourcewell-GovDeals Contract 012821 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 173 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-778 Contract with GovDeals, Inc. for the sale of City Surplus Items A RESOLUTION TO AUTHORIZE A CONTRACT WITH GOVDEALS, INC. FOR ONLINE AUCTION SERVICES FOR SURPLUS EQUIPMENT AND VEHICLES THROUGH MARCH 19, 2025 AND ANY RENEWAL PERIODS, 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 Mayor Jordan to sign a contract with GovDeals, Inc. for online auction services for surplus equipment and vehicles through March 19, 2025 and any renewal periods, pursuant to a Sourcewell cooperative purchasing contract. Page 1 Page 174 of 634 Les McGaugh Submitted By City of Fayetteville Staff Review Form 23-778 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/16/2023 PURCHASING (160) Submitted Date Division / Department Action Recommendation: Staff recommends utilizing an existing Sourcewell cooperative purchasing contract with GovDeals, Inc. through the intitial period of March 19, 2025 and any renewals. Budget Impact: N/A N/A Account Number N/A Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund N/A Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: There is no cost associated with this contract. This is a revenue generating contract and funds are reciepted in based on the funding source from which the auction items were expensed. Page 175 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI Sourcewell -PA' Solicitation Number: 012821 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Liquidity Services Operations, LLC, dba GovDeals, 100 Capitol Commerce Blvd., Suite 110, Montgomery, AL 36117 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Auction Services with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 19, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 Page 176 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 Page 177 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at anytime through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 Page 178 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government - owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 Page 179 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 10/2020 Page 180 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 10/2020 Page 181 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their Rev. 10/2020 Page 182 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use, Quality Control. Rev. 10/2020 Page 183 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 Page 184 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: Rev. 10/2020 10 Page 185 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 10/2020 11 Page 186 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 —annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial Rev. 10/2020 12 Page 187 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsements) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 10/2020 13 Page 188 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI 21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report Rev. 10/2020 14 Page 189 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Rev. 10/2020 15 Page 190 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. Rev. 10/2020 16 Page 191 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 012821-GDI L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell DocuSigned by: y sc6ayf,, By: COFD2A139D06489... Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: 3/17/2021 1 11:32 AM CDT Approved: (p DocuSigned by, h 7E42B8F817A64CC... By: Chad Coauette Title: Executive Director/CEO 3/17/2021 1 6:22 PM CDT Date: Rev. 10/2020 Liquidity Services Operations, LLC, dba GovDeals DocuSigned by: 5fwt 4"Lkst� EA5DF17F85ED4C4... Lei Steve Kranzusch Title: Vice President and General Manager Date: 3/17/2021 1 4:21 PM CDT 17 Page 192 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF RFP 012821 - Auction Services with Related Solutions Vendor Details Company Name: Does your company conduct business under any other name? If yes, please state: Liquidity Services Operations, LLC GovDeals 100 Capitol Commerce Blvd Address: Suite 110 Montgomery, AL 36117 Contact: Alicia Andrews Email: vendor@govdeals.com Phone: 334-274-3846 Fax: 334-387-0519 HST#: 52-2293687 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address Monday January 11, 2021 10:00:02 Wednesday January 27, 2021 14:31:35 Alicia Andrews vendor@govdeals.com d9c672dd-a09b-45e1-8703-4c3628e3d494 68.207.139.227 Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 193 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Line Item Question Response* 1 Proposer Legal Name (and Liquidity Services Operations, LLC dba GovDeals applicable d/b/a, if any): 2 Proposer Address: 100 Capitol Commerce Blvd., Suite 110, Montgomery, AL 36117 3 Proposer website address: www.govdeals.com 4 Proposer's Authorized Steve Kranzusch Representative (name, title, Vice President and General Manager address, email address & phone) 100 Capitol Commerce Blvd., Suite 110 (The representative must have Montgomery, AL 36117 authority to sign the "Proposer's skranzusch@govdeals.com Assurance of Compliance" on 334-462-3962 behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Alicia Andrews proposal (name, title, address, Senior Proposal Writer email address & phone): 100 Capitol Commerce Blvd., Suite 110 Montgomery, AL 36117 vendor@govdeals.com 334-274-3846 6 Proposer's other contacts for this NA proposal, if any (name, title, address, email address & phone): Table 2: Company Information and Financial Strength Line Question Item Response* Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 194 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 7 Provide a brief history of your company, GovDeals was founded in 1999 and was acquired by Liquidity Services, Inc. (LSI), in including your company's core values, 2008. In 2020, they completed an internal merger, bringing GovDeals, Inc., under the business philosophy, and industry longevity subsidiary umbrella of Liquidity Services Operations, LLC (LSO). related to the requested equipment, products Headquartered in Bethesda, MD LSI is a publicly held corporation (NASDAQ: LQDT) or services. LSI is a debt -free and financially strong corporation that operates several other reverse supply chain online marketplaces in addition to GovDeals. Upon the acquisition, GovDeals quickly became on of the LSI's flagship marketplaces - and one of its most successful. GovDeals currently has 100 direct full-time employees, with more than half working remotely from the field in order to best serve clients in their local areas throughout the United States and Canada. In addition to this direct support, additional staffing and substantial resources come from LSI. Today, more than 14,000 state and local governments have transitioned some or all their surplus auctions to GovDeals.com, and our company has facilitated the sale of over 2 million government -owned assets/lots for total auction sales surpassing $2.4 billion. Since GovDeals was first awarded a Sourcewell contract in 2011, over 400 Sourcewell member agencies have successfully sold over $133 million in surplus auction sales on GovDeals.com. What our clients like most about GovDeals: • GovDeals auctions are conducted in a totally transparent environment with terms and conditions, bid history, and results easily accessible by the public during the auction and for one full year after auction completion. • Robust reporting and a perpetual audit trail are readily accessible within each GovDeals client's account in perpetuity. • Our clients have access to consultative service and proven online auction best practices, as well as auction strategies that have been developed and fine-tuned during GovDeals' 20 years in the online auction business. • GovDeals is a financially strong vendor that remits payments to clients weekly, and GovDeals shoulders liability for chargebacks or fraud that may occur. • Extensive marketing outreach will be provided to reach targeted bidders at GovDeals' expense. This drives competitive bidding, increasing the final selling price of auctioned assets. Marketing efforts provided by GovDeals include niche print and online publications, email marketing, local advertising, press releases, and more. 8 What are your company's expectations in the The management team at GovDeals, led by its Vice President and General Manager, event of an award? Steve Kranzusch, will continue to enthusiastically endorse and sponsor the Sourcewell contract if awarded. With extensive cooperative award experience and knowledgeable teams already in place throughout the U.S. and Canada, GovDeals is well positioned to continue to leverage this award. Currently over 400 government agencies participate in Sourcewell's GovDeals contract, achieving over $19 million in total auction sales during the most recently completed contract year, and we will continue to work every day to grow these totals. 9 Demonstrate your financial strength and Our parent company's most recent Audited Financial Statement has been provided as stability with meaningful data. This could an attachment. include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. 10 What is your US market share for the Limiting the scope to companies providing self-service online sales of state and local solutions that you are proposing? government surplus, we estimate our market share is greater than 60%. Expanding to include the entirety of the state and local government surplus market, we estimate our US market share to be between 15%-20%. 11 What is your Canadian market share for the Essentially, GovDeals' Canadian market share is 100%. Having overcome numerous solutions that you are proposing? cultural and regulatory headwinds, GovDeals continues to be the only provider of a self-service online government surplus auction solution licensed to conduct business in Canada. The overall Canadian market is typically considered to be one -tenth (10%) of the U.S. market, with a high percentage of this opportunity centering on Ontario. GovDeals has experienced remarkable growth in its Canadian business since launching in the market 8 years ago, with over 900 provincial and local governments utilizing our platform. Estimating a Canadian market of approximately 10,000 government entities, our market share is around 10%. 12 Has your business ever petitioned for No bankruptcy protection? If so, explain in detail. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 195 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 13 How is your organization best described: is it GovDeals has approximately 100 direct, full-time employees, including 45 Client a manufacturer, a distributor/dealer/reseller, or Account Managers and Business Development Representatives working remotely from a service provider? Answer whichever across the United States and Canada to serve government agencies in their question (either a) or b) just below) best respective regions. Therefore, GovDeals is prepared to immediately serve Sourcewell applies to your organization. members, regardless of the agencies' locations and sizes. a) If your company is best described as a distributor/dealer/reseller (or similar entity), Each participating Sourcewell member will have a dedicated account team, including provide your written authorization to act as a a local Client Account Manager and regional Business Development Representative, distributor/dealer/reseller for the manufacturer to provide hands-on service and support as needed. GovDeals' Client Account of the products proposed in this RFP. If Managers may be reached 24/7 via direct cell phone and email. applicable, is your dealer network independent or company owned? Additionally, in the event your GovDeals Client Account Manager is not immediately b) If your company is best described as a available by phone or email, the Member will have access to our Client Services manufacturer or service provider, describe Help Desk, staffed by experienced Client Services Representatives who are available your relationship with your sales and service for technical questions, support, and training. The Client Help Desk is available on force and with your dealer network in weekdays by live chat, toll -free phone, and email. There is absolutely no additional delivering the products and services proposed cost for any technical support or for use of the Help Desk. in this RFP. Are these individuals your employees, or the employees of a third party? GovDeals is committed to maintaining a client -staff ratio that ensures our Clients receive comprehensive training and ongoing, interactive support. GovDeals has readily available financial assets and the financial backing o a strong, debt -free parent company, which enables us to hire additional staffing when and where needed in order to continuously maintain the optimum client -staff ratio and maximize the service provided to the Member and its participating agencies. As our company grows, new hires are carefully selected by senior management to ensure GovDeals' commitment to superior service is not just uninterrupted, but also strengthened. If at any time the Member is dissatisfied with the service provided by its GovDeals representatives, we encourage you to contact our senior management team so that we may have the opportunity to solve problems and restore our sincere commitment to helping the Member efficiently and effectively operate its surplus liquidation program. 14 If applicable, provide a detailed explanation GovDeals maintains applicable business licensing throughout the U.S. and Canada in outlining the licenses and certifications that compliance with our clients' local ordinances. These include auction business licenses are both required to be held, and actually in Florida and Louisiana, a Motor Vehicle Dealer's License in California, and used held, by your organization (including third vehicle dealer licenses in Ontario and British Columbia. parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 15 Provide all "Suspension or Debarment" N/A information that has applied to your organization during the past ten years. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 196 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 3: Industry Recognition & Marketplace Success Line Item Question Response* 16 Describe any relevant industry awards or Our company was awarded the USPS Supplier Excellence Award in 2018. recognition that your company has received We have also been named in Forbes Magazine List of Best Small -Cap Companies in the past five years in America six times, The Washington Post Top 200 Companies seven times, as well as receiving multiple additional awards for innovation, client success, growth, and sustainability efforts. 17 What percentage of your sales are to the As government/public entities are the only agencies we serve, 100% of our sales governmental sector in the past three years are to the governmental and education sectors. Of our 14,500+ clients, 12,090, or 83%, are municipalities, state governments, county governments, law enforcement agencies, fire departments, public utilities, and transit authorities. 18 What percentage of your sales are to the The education sector falls under the "government/public entities" we serve as stated education sector in the past three years in Line 17. Of our 14,500+ clients, 2,497, or 17%, are in the higher education or K- 12 sector. 19 List any state, provincial, or cooperative Cooperatives: purchasing contracts that you hold. What is Sourcewell - $21.9 million (2019-2020); $24.6 million (2018-2019); $16.8 million the annual sales volume for each of these (2017-2018) contracts over the past three years? NASPO ValuePoint - $25.2 million (2019-2020); $25.8 million (2018-2019); $25.3 million (2017-2018) Omnia Partners - $92,000 (2020-2021) BuyBoard - $5.1 million (2019-2020); $4 million (2018-2019); $3.2 million (2017-2018) Pinellas County, FL - $8.8 million (2019-2020); $6.6 million (2018-2019); $6 million (2017-2018) State/Provincial Contracts: State of Alabama - $1.1 million (2020); $1.6 million (2019); $1.4 million (2018) State of Arizona - $1,700 (2020); $2800 (2019); $66,000 (2018) State of Colorado - $766,000 (2020) State of Georgia - $4.8 million (2020); $3.3 million (2019); $4.2 million (2018) State of Indiana - $1.6 million (2020); $913,000 (2019) State of Louisiana - $3.9 million (2020); $2.3 million (2019); $1.8 million (2018) State of Missouri - $3.7 million (2020); $4 million (2019); $3.8 million (2018) State of Ohio - $2.6 million (2020); $809,000 (2019); $587,000 (2018) State of Oregon - 1.7 million (2020); $2.2 million (2019); $2.2 million (2018) State of South Carolina - $9.3 million (2020); $5.4 million (2019); $6.3 million (2018) State of Tennessee - $6.4 million (2020); $4.6 million (2019); $2.8 million (2018) 20 List any GSA contracts or Standing Offers GovDeals holds no GSA contracts. and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name * Contact Name * Phone Number* District of Columbia Government Marvin Manassa 202-576-7352 marvin.manassa@dc.gov City of Virginia Beach, VA Sharon Ratcliff 757-385-8276 sratclif@vbgov.com City of Grande Prairie, AB Jason Graves, Procurement Systems Specialist 780-357-8758 jgraves@cityofgp.com Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 197 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. Entity Name Entity Type * State / * Scope of Work * Size of Transactions * Dollar Volume Past Three * Province Years State of South Government South Carolina - Online Auction Services Number of assets sold: 2020 - $9.3 million Carolina SC 20,510 2019 - $5.4 million Average sale price: $2,464 2018 - $6.3 million State of Government Georgia - GA Online Auction Services Number of assets sold: 2020 - $4.8 million Georgia 24,577 2019 - $3.3 million Average sale price: $1,552 2018 - $4.2 million USPS Vehicle Government District of Online Auction Services Number of assets sold: 2020 - $5.8 million Sales Columbia - DC 11,849 2019 - $10.9 million Average sale price: $2,716 2018 - $7 million Tennessee Government Alabama - AL Online Auction Services Number of assets sold: 2020 - $1.4 million Valley Authority 3,977 2019 - $3 million Average sale price: $7,475 2018 - $2.4 million State of Government Washington - Online Auction Services Number of assets sold: 2020 - $5.5 million Washington WA 15,657 2019 - $7.3 million Average sale price: $1,636 2018 - $8.9 million Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Item Question Response* 23 Sales force. GovDeals currently has 21 Business Development Representatives working remotely from across the United States and Canada to serve government agencies in their respective regions as our sales force. See attached Sales Team map in documents. 24 Dealer network or other distribution methods. NA 25 Service force. GovDeals currently has 25 Client Account Managers (CAM) working remotely from across the United States and Canada to serve government agencies in their respective regions as our service force. See attached CAM Territories map in documents. 26 Describe in detail the process and GovDeals will provide 24/7 personal, hands-on service to each participating Sourcewell procedure of your customer service Member locally through dedicated Client Account Managers (CAMs) and Regional program, if applicable. Include your Business Development Representatives, as well as a deep commitment to support response -time capabilities and from our corporate offices in the form of our Client Services Help Desk, extensive commitments, as well as any incentives that marketing of assets, accounting, and system upgrades. The dedicated CAM will help your providers meet your stated endeavor to respond within one hour (typically much faster) to all inquiries by the service goals or promises. Member, and will always respond within 24 hours. There will be no additional cost for these services. Direct employees provide all of GovDeals' services. In addition to their salaried compensation, GovDeals' employees are further incentivized with monthly commission or annual year-end bonuses determined by the company's profitability. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 198 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 27 Describe your ability and willingness to Properly managing the sale of government assets and ensuring maximum ROI requires provide your products and services to a great deal of knowledge and expertise. Although our platform is designed for the Sourcewell participating entities in the efficiency of self-service, GovDeals is committed to sharing our strategy knowledge United States. with Sourcewell participating agencies through very interactive and hands-on service. We combine an easy -to -use website, a large and targeted bidder audience, knowledge of auction best practice, a robust marketing program, and a history of compliance with government requirements and regulations, to offer a service that is unequaled by other vendors. GovDeals will provide easily accessible, highly responsive technical support and customer service to all Sourcewell participating entities. Typical response time is under an hour, and we commit to always respond within 24 hours. Client Account Managers may be reached by cell phone or email 24 hours a day, 7 days a week. If for any reason a participating agency's Client Account Manager is not immediately available, they may contact GovDeals' Client Help Desk. Staffed by fully trained Client Services Representatives, the Help Desk provides technical support and problem -solving by toll - free phone, live chat, and email. The Help Desk is available Monday through Friday, 8 a.m. ET to 7 p.m. ET. Setting GovDeals apart from the competition, we continue to properly and proactively scale our business so that we may deliver on our promises by hiring and retaining solid, hardworking, and dedicated employees in all regions of the U.S. and Canada that believe in what we do. Our extremely low turnover has allowed GovDeals to create a strong culture of shared success and ownership in the best practices that make us a committed partner in success. We have 46 Client Account Managers and Business Development Representatives based strategically throughout the U.S. to provide direct service to participating entities nationwide. 28 Describe your ability and willingness to We have a team of four Canadian Client Account Managers and Business provide your products and services to Development Representatives led by a Managing Director exclusively to serve clients Sourcewell participating entities in Canada. and drive adoption of GovDeals by Canadian government agencies. As stated in Line Item 27 above, we continue to properly and proactively scale our business so that we may deliver on our promises by hiring and retaining solid, hardworking, and dedicated employees in all regions of the U.S. and Canada that believe in what we do. Our extremely low turnover has allowed GovDeals to create a strong culture of shared success and ownership in the best practices that make us a committed partner in success. Canadian Sourcewell participating agencies will receive the same level of service and support that agencies in the United States receive. Importantly, www.GovDeals.ca transacts in Canadian dollars. 29 Identify any geographic areas of the United GovDeals can serve all geographic areas of the United States and Canada through States or Canada that you will NOT be fully the proposed contract. The only caveat that may apply to non-contiguous state and serving through the proposed contract. U.S. Territories is that training could be limited to remote services such as webinars. 30 Identify any Sourcewell participating entity GovDeals provides services to state/provincial and local government entities throughout sectors (i.e., government, education, not -for- the United States and Canada, including higher education and K-12 agencies. profit) that you will NOT be fully serving Although we hold several cooperative purchasing contracts, these agreements do not through the proposed contract. Explain in limit our promotion of other contracts. detail. For example, does your company GovDeals does not serve commercial or private not -for -profit entities that are not have only a regional presence, or do other affiliated with a government entity. If any Sourcewell Members don't qualify to sell on cooperative purchasing contracts limit your GovDeals, they may qualify to become a seller on our sister company's marketplace, ability to promote another contract? AIISurplus. AIISurplus is a separate Business Unit and has its own distinct client base and customer service organization dedicated to commercial and other private entities and is not intended for the sale of new or resale items. AIISurplus was developed separately from GovDeals in order to keep GovDeals purely focused on our government clients. 31 Define any specific contract requirements or There are no specific contract requirements or restrictions that would apply to restrictions that would apply to our Sourcewell Members in Hawaii, Alaska, and territories. GovDeals currently serves participating entities in Hawaii and Alaska nearly 30 clients in Alaska, including the State of Alaska. The only caveat that may and in US Territories. apply to non-contiguous states and U.S. Territories is that training could be limited to remote services such as webinars. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 199 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 7: Marketing Plan Line Item Question Response* 32 Describe your marketing strategy for GovDeals will continue to market this contract as follows: promoting this contract opportunity. Promotion by the 46 field -based sales and client service representatives Upload representative samples of your Promotion at the 140+ national, regional and local trade shows and seminars we attend marketing materials (if applicable) in annually (Note: attendance to such events is limited during the COVID-19 pandemic) the document upload section of your Encouraging cooperative contract utilization when responding to solicitations response. Promotion through our formal consulting representation by Government Sourcing Solutions (GSS) Samples of marketing materials promoting GovDeals' cooperative contracts are provided in the document upload section. 33 Describe your use of technology and We utilize social media and many other methods to promote and increase awareness of digital data (e.g., social media, GovDeals, as well as specific client assets. Our experienced web development team uses metadata usage) to enhance rich search engine optimization (SEO) strategies to foster online visibility for all our clients' marketing effectiveness. assets listed on GovDeals. Additionally, our marketing team places targeted advertisements and writes press releases to drive traffic to our clients' auctions. Our Marketing Communications Team utilizes tools such as HubSpot, Constant Contact, and PowerBl. 34 In your view, what is Sourcewell's role The Sourcewell award has been strongly integrated into GovDeals' sales processes and in promoting contracts arising out of culture based on over 10 years of increasingly enthusiastic promotion of the contract where this RFP? How will you integrate a and when a cooperative or more formal contracting vehicle is needed. Our experience is Sourcewell-awarded contract into your that Sourcewell's role has been to equally promote all vendors sharing an award. Our view sales process? is the award would be even more successful, overall, if the specific advantages of a single online self-service vendor could be directly promoted by Sourcewell. 35 Are your products or services As a service provider, e-procurement ordering is not applicable. However, GovDeals' available through an e-procurement website features a one-time sign-up feature to simplify onboarding. Sourcewell Members ordering process? If so, describe your may sign up online to utilize our service, including the ability to indicate their desire to ride e-procurement system and how the Sourcewell contract. governmental and educational customers have used it. Table 8: Value -Added Attributes Line Item Question Response* 36 Describe any product, equipment, There is no additional cost for initial and ongoing training and support. Details regarding maintenance, or operator training training, which is conducted by each entity's regional Client Account Manager, are provided programs that you offer to in uploaded documentation, including a typical schedule for implementation of the GovDeals Sourcewell participating entities. platform. There is no limit to the number of users that can be trained for each entity. Include details, such as whether A key difference between GovDeals and other vendors is GovDeals' commitment to training is standard or optional, enthusiastically support of the Participating Entities' auction management personnel. We who provides training, and any believe strongly in the value of our best practices strategies, and we are eager to help costs that apply. Sourcewell Members realize untapped revenues. The GovDeals system and service offers Sourcewell Members value-added benefits such as Reallocation Tiers, Elevated Service Models, Departmental Billing, and so much more. See the uploaded documentation for the full list of such attributes. 37 Describe any technological In addition to the inherent advantages of in -place online auctions, GovDeals' emphasis on advances that your proposed stable, scalable technology provides many vital benefits: products or services offer. • The GovDeals system continues to be operated by our own internal IT Department. This very experienced and agile 7-person team is dedicated to development, operation, and support of the GovDeals system. Based at GovDeals' headquarters, this team is backed by a larger IT infrastructure within our parent company's global organization. • The GovDeals system and website infrastructure is hosted on the Microsoft Azure cloud platform, increasing the reliability and performance of the seller -facing and buyer -facing websites through the country and around the world. • Development releases are scheduled for every 2 weeks to strengthen code, add features, and mitigate potential risks. • GovDeals' real-time, interactive reporting capabilities are hosted in a very secure environment. Each Sourcewell Member will have 24/7 access to robust account reports providing a complete audit trail for each asset from the time it is added to the GovDeals system until it is sold and proceeds are collected. This audit trail will be available in each Participating Entity's GovDeals account in perpetuity. • GovDeals recently launched our integrated mobile site. The availability of these tools will undoubtedly further improve the selling and buying experience for mobile users. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 200 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 38 Describe any "green" initiatives Because the GovDeals online auction solution operates on an "as is, where is" basis, the that relate to your company or to environmental impact of further vehicle/equipment transportation is eliminated. More your products or services, and importantly, since vehicles and equipment are able to be auctioned constantly and not stored include a list of the certifying for lengthy periods of time in holding lots, the environmental risks associated with dripping agency for each. mechanical fluids and mechanical degradation (which can occur rapidly on out -of -service vehicles) are virtually eliminated. An additional benefit is reduction in facility and outdoor space utilization. The GovDeals' continuous, as needed, "as is, where is" auction model enables surplus vehicles and heavy equipment to be sold from any location within the Sourcewell Member's jurisdiction. This means there is no need to transport to a holding lot or auction facility, and no need to accumulate vehicles for an auction "event." The quick turnover of surplus property that is achieved through an efficient and short sales cycle has delivered significant space savings to our Client sellers at all levels of government throughout the United States and Canada. GovDeals' terms dictate that Buyers are obligated to pick up their purchases from the current location, and Buyers are responsible for arranging their own removal of the vehicles they have purchased. Numerous GovDeals clients have been able to repurpose their warehouse space, vehicle lots, and other facilities as storage space needs diminished. Thousands of government agencies have realized the comprehensive environmental benefits and increased profitability far outweigh the risk of cultural change within their internal departments. 39 Identify any third -party issued eco- N/A labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. 40 Describe any Women or Minority Liquidity Services Operations LLC does not carry any such certifications. Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business certifications that your company or hub partners have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 What unique attributes does your Experience! GovDeals is the first company to offer a completely self-service, secure auction company, your products, or your platform focused on arming government agencies with the knowledge and the tools to enable services offer to Sourcewell the highest possible net results for their surplus assets. Our most successful clients are the participating entities? What makes ones who leverage GovDeals' best practices and personal support. your proposed solutions unique in While GovDeals has a strong technology infrastructure, our company is a knowledge -based your industry as it applies to business with a huge commitment to interaction with our Clients for the benefit of simple Sourcewell participating entities? operation and best net sales results. Only GovDeals overlays its self-service auction platform with knowledge -rich, field -based representatives dedicated to serving Sourcewell Members in every region of the U.S. and Canada. GovDeals is uniquely positioned to serve Sourcewell and its Members with an experienced staff and robust service that exactly matches Sourcewell's space and its Members' needs. As GovDeals and Sourcewell's partnership continues to grow, our company is immediately scalable to continue to serve your Members in all 50 U.S. states and across Canada without any compromise in service. New Value -Added Programs! The following are innovative ways to grow revenues within existing business partners and members. • Vendor Auction Program- Sourcewell vendors will now be eligible to post surplus product such as trade-ins or end of lease for sale on GovDeals. Sourcewell will enjoy the added benefit of the standard administrative fee on any vendor sales completed on GovDeals.com. • Real Estate- With the government real estate market estimated at $1 billion annually, Sourcewell members are eligible to use GovDeals in their sale of surplus and tax lien real estate/real property; members will have access to lower pricing structures and a targeted buyer market. Sourcewell continues to enjoy the administrative fees on these sales. In both scenarios, GovDeals' marketing team will collaborate with Sourcewell to craft messaging to be pushed out to Sourcewell vendors/members at Sourcewell's discretion. With our proven marketing program, we hosted $4MM in real estate sales in the last three months alone! Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 201 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item Question Response* 42 Do your warranties cover all products, parts, and As a service provider, warranty information as expressed in this Table is not labor? applicable to GovDeals. GovDeals' auction platform is entirely web -based, and no software will be installed on any Sourcewell Member computer. 43 Do your warranties impose usage restrictions or As there are no warranties, there are no usage restrictions or other other limitations that adversely affect coverage? limitations that adversely affect coverage. 44 Do your warranties cover the expense of As there are no products to install, our technicians do not need to travel to technicians' travel time and mileage to perform make repairs to the GovDeals system. warranty repairs? 45 Are there any geographic regions of the United As there are no products to install, our technicians do not need to travel to States or Canada (as applicable) for which you make repairs to the GovDeals system. cannot provide a certified technician to perform GovDeals utilizes multiple internal and external notification systems to ensure warranty repairs? How will Sourcewell participating that the appropriate people are notified if there are any IT warnings, critical entities in these regions be provided service for issues, or other matters that need immediate attention 24 hours a day, 7 warranty repair? days a week, and 365 days a year. 46 Will you cover warranty service for items made by GovDeals does not utilize any other manufacturers to provide the services other manufacturers that are part of your proposal, proposed in this response. or are these warranties issues typically passed on to the original equipment manufacturer? 47 What are your proposed exchange and return GovDeals' fiduciary responsibilities to Sourcewell and its Members are programs and policies? guaranteed through a $10,000,000 insurance policy. When a Sourcewell Member utilizes GovDeals' system and its Financial Settlement Services (FSS) payment collection and remittance program, the Member will not be liable for any payment fraud or chargebacks that may occur. 48 Describe any service contract options for the items Additional service models will be made available upon request at a rate to included in your proposal. be determined by the specific needs of the Sourcewell Member. This may include service such as creating auction listings and managing the auction process. More information is available to Sourcewell and its Members upon request. We have made provisions in our pricing model for these elevated services, although specific pricing will be determined by Member needs, asset quantity, and sales volume. GovDeals will follow Sourcewell's Cost Change Form procedure if and when elevated service models are negotiated that are beyond the scope of the pricing provided within this proposal. Table 10: Payment Terms and Financing Options Line Item Question Response* 49 What are your payment terms (e.g., net 10, net 30)? The majority of GovDeals' clients elect for our company to withhold our fees from their auction proceeds remittance payment, eliminating the client from having a bill to pay. For clients that wish to receive full proceeds and remit fee payment directly to us, our payment terms are net 30 days. 50 Describe any leasing or financing options available for use N/A by educational or governmental entities. 51 Briefly describe your proposed order process. Include To access GovDeals' services, a Sourcewell participating entity can enough detail to support your ability to report quarterly fill out the "Become a Seller' information form on our website and sales to Sourcewell as described in the Contract template. enter "Sourcewell" in the comments box. Our Sales Support team will For example, indicate whether your dealer network is then contact the entity for any additional information that may be included in your response and whether each dealer (or needed. some other entity) will process the Sourcewell participating entities' purchase orders. GovDeals has a built-in Partner Report which provides sales reports for all cooperative participants and can be run in any date range, e.g. monthly or quarterly. GovDeals is experienced in reporting quarterly sales to Sourcewell and will continue to efficiently and consistently do so throughout this contract. Please note, our company does not utilize a dealer network. 52 Do you accept the P-card procurement and payment Yes, we accept P-card payments. There is no additional cost for process? If so, is there any additional cost to Sourcewell using this process. participating entities for using this process? Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 202 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item Question Response* 53 Describe your pricing model (e.g., line -item discounts or GovDeals proposes a success -based fee structure, charged only on product -category discounts). Provide detailed pricing data completed auctions. There will be no additional fees or charges for (including standard or list pricing and the Sourcewell our services. There will be no fee if an auction does not result in a discounted price) on all of the items that you want completed sale, and there will be no charges to the Member for any Sourcewell to consider as part of your RFP response. If marketing efforts, training, software upgrades, or consultation and applicable, provide a SKU for each item in your proposal. support provided on -site or remotely. Upload your pricing materials (if applicable) in the document The pricing model detailed below is consistent with our well - upload section of your response. established market pricing where the 12 Western states have lower base pricing than available to the rest of the US. Individual cooperative selling entities (clients) have access to a volume -based fee structure based on their actual annual sales on GovDeals or documented previous year(s) sales utilizing other disposition methods. The Member may choose to utilize GovDeals' system and service with our payment collection and remittance services (FSS) included; or may elect to collect its own payments and be invoiced by GovDeals (Non-FSS). Under any of our pricing options, GovDeals' fee may be shared between the Member and winning bidders, may be withheld from the Member's auction proceeds or may be wholly incurred by buyers. The most common option chosen is 7.5% Client Fee and 5% Buyer's Premium. 'A' Pricing (Available in AK, AZ, CA, CO, ID, MT, NV, NM, OR, UT, WA & WY) 7.5% for Non-FSS 10% for FSS No Annual Volume Discount Program (AVDP) for 'A' Pricing since this pricing already reflects a 2.5 percentage point discount 'B' Pricing (All other US states not eligible for 'A' Pricing; and all Canadian entities) 7.5% for Non-FSS 12.5% for FSS Sellers paying 12.5% fee (not passing a portion of the fee to Buyers) qualify for AVDP. AVDP qualifying annual volume is based on an aggregation of only sellers paying 12.5%. All other 'B' Pricing categories do not qualify for AVDP. 'C' Pricing - Offered on a case -by -case basis. GovDeals recognizes that various government agencies have different needs. In this spirit, we offer ceiling pricing of an additional 20% fee (total up to 32.5%) to accommodate special circumstances. These services may include, in addition to the services offered herein, taking photographs/video of assets for promotion and sale purposes; uploading descriptive content and media to create auction listings; full -service tasks such as transportation and storage of assets (limited to areas where such service is offered) and total management of the auction process. Note: When a client requests this elevated service model, GovDeals will review the client's specific needs, projected volume, and other related details of the prospective account in order to determine this option's availability on a per -case basis. 54 Quantify the pricing discount represented by the pricing The pricing offered in this proposal is consistent with our offers to proposal in this response. For example, if the pricing in state governments, cooperative entities, and large local government your response represents a percentage discount from MSRP entities. It is consistent with our current Sourcewell award. or list, state the percentage or percentage range. 55 Describe any quantity or volume discounts or rebate Due to contract volume, qualifying entities will receive an annual programs that you offer. rebate of 1.25%. GovDeals' Annual Volume Discount Program (AVDP) is available to Sourcewell Members paying 12.5% fee under the 'B' Pricing described in Line 53. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 203 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF 56 Propose a method of facilitating "sourced" products or Not applicable; GovDeals does not sell commodities. related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 57 Identify any element of the total cost of acquisition that is All costs are included in the pricing model(s) quoted in Line Item NOT included in the pricing submitted with your response. 53. There will be no additional fees for standard support, training, on - This includes all additional charges associated with a site service, platform upgrades, etc. purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the Freight/shipping/delivery are not directly applicable to our service. Sourcewell participating entity, describe in detail the Most of our clients require items to be picked up in person by the complete freight, shipping, and delivery program. bidder or the bidder's agent, but we do offer an optional shipping feature wherein responsibility and any associated costs for shipping remains with the bidder or the bidder's agent. If a Member desires shipping to be allowed, GovDeals will enable the "Will Ship" option in the auction creation process. This will enable providers such as UShip to give an estimated shipping cost to prospective buyers. Whether local, in -state, out-of-state, or international, shipping will be the responsibility of the bidder and his/her third -party shipper. 59 Specifically describe freight, shipping, and delivery terms or See Line Item 58; Removal of items from a completed sale remains programs available for Alaska, Hawaii, Canada, or any the responsibility of the winning bidder, including any offshore delivery. shipping/packing fees should the seller allow shipping. 60 Describe any unique distribution and/or delivery methods or N/A options offered in your proposal. Table 12: Pricing Offered Line Item The Pricing Offered in this Proposal is: * Comments 61 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing The pricing offered in this departments. proposal is consistent with our offers to state governments, cooperative entities, and large local government entities. It is consistent with our current Sourcewell award. Table 13: Audit and Administrative Fee Line Item Question Response* 62 Specifically describe any self -audit process or program that you In selling and billing a service, GovDeals has very few pricing plan to employ to verity compliance with your proposed Contract variables and they are based on the same criteria for all with Sourcewell. This process includes ensuring that Sourcewell selling clients, whether under contract or not. Once a client participating entities obtain the proper pricing, that the Vendor account is established, the pricing is a fixed percentage of reports all sales under the Contract each quarter, and that the the price items sell for on GovDeals.com. Because of this, all Vendor remits the proper administrative fee to Sourcewell. pricing and pricing changes require management approval. We have established system utilities that track cooperative member sales in a real time report; this data is archived and available, ad hoc, at any time. One senior staff person at GovDeals is dedicated to verifying the accuracy of the quarterly report and presenting it to a senior manager for payment approval. These same utilities and processes are in place for the Annual Volume Discount Program (AVDP) that has returned approximately $850,000 in rebates directly to Sourcewell members for their contract sales during the current contract period. 63 Identify a proposed administrative fee that you will pay to GovDeals proposes to pay 2% of what we are paid for our Sourcewell for facilitating, managing, and promoting the Sourcewell services. Example: A member utilizes the Sourcewell contract Contract in the event that you are awarded a Contract. This fee is to sell an item for $1,000 on GovDeals and the fee for this typically calculated as a percentage of Vendor's sales under the member is 12.5%. GovDeals is paid $125 which represents Contract or as a per -unit fee; it is not a line -item addition to the the gross profit for the transaction. GovDeals will remit 2% of Member's cost of goods. (See the RFP and template Contract for the $125 ($2.50) to Sourcewell when it makes its quarterly additional details.) payment. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 204 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Item Question Response* 64 Provide a detailed description of the GovDeals is committed to providing a turnkey approach to selling government surplus equipment, products, and services that you assets via our online auction marketplace, www.GovDeals.com, with the most efficient are offering in your proposal. service offerings in the industry. In tandem with our robust and reliable auction website, the GovDeals system and service include, at no additional cost: • Self-service functionality with unlimited users • Real-time reporting tools within secure account • Extensive marketing outreach to bidders • Hands-on training for as many employees as desired • On -site assistance posting auctions at implementation • Personal service with 24/7 on -call availability • Optional online payment collection service with 7-10-day remittance to Members. GovDeals' business model is as simple as it is unique: in support of our self-service online auction platform, the foundation of our company is our local staffing that provides direct service, local knowledge, best practices, and on -call assistance for our clients. We back up this hands-on relationship with robust and experienced staffing in all functional departments, including Marketing, Accounting, Bidder Services, and Client Help Desk. During auctions, Sourcewell Members will be able to monitor their online auctions and answer questions from bidders. Auctions can be withdrawn at any time by the Sourcewell Member or by GovDeals at the Sourcewell Member's request. When the auction closes, GovDeals will provide documentation of the sale and will collect payment from buyers. Buyers will then schedule removal appointments with the Sourcewell Member. Throughout the auction cycle, GovDeals will also provide dedicated service for problem solving and case -by -case strategy recommendations, including marketing, best practices, remittance and recordkeeping services, and technical support. Additional details on GovDeals' service model and system are provided in the the uploaded documentation. 65 Within this RFP category there may be • Auctioneer Services, to include Internet Type subcategories of solutions. List subcategory Online Auction Services titles that best describe your products and Vehicle Auction Services services. Miscellaneous Auction Services • Surplus Disposition Services • Surplus Liquidation Services • Internal Asset Reallocation Services Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 205 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Item Category or Type Offered Comments 66 Online auction services Yes GovDeals is thoroughly prepared to immediately provide our online auction system and r- No hands-on customer service to Sourcewell Members. Dedicated GovDeals staff members will serve Sourcewell Members on a regular and ongoing basis through on - site service, consultations, marketing planning, and payment collection. GovDeals will provide Sourcewell Members with a turnkey approach to selling government surplus assets via our web -based auction system, to include self-service ability to post auctions, respond to inquiries, and create/access detailed reports of auction activities and revenue. 67 On site live auction r Yes GovDeals does not offer services for on -site live auctions. Thousands of government services r No agencies have found GovDeals to be the most efficient, lucrative, and transparent online surplus solution. Underscoring the experience, service, and results we provide is an end -to -end process and system that provides a secure, redundant, and transparent environment to feed real-time and archival data to Sourcewell Members personnel. 68 Live streaming auctions r Yes While all of our auctions are conducted live from our website, we do not stream from r No live auctions. Our specialized auction website allows prospective buyers to view unlimited photographs, videos, and thorough descriptions, ask questions, and enter bids for Sourcewell Members' surplus property. The items will be auctioned under Client -specific Terms and Conditions, including Sourcewell Members -dictated time frames for payment and pickup. 69 Auction -related services r Yes GovDeals' online auction platform and service includes, at no additional cost: r No • Turnkey auction functionality with unlimited user accounts • Real-time reporting tools within secure account • 1 million active GovDeals bidders — verified through GovDeals' multi -layer registration process that includes vetting against the anti-terrorist watch list by global trade management software • Extensive marketing outreach to targeted bidders at GovDeals' expense, which drives competitive bidding, increasing the final selling price of auctioned assets! • Hands-on training for as many employees as desired, including initial and ongoing training and updates • Personal service by Sourcewell Members' locally based Client Account Manager with 24/7 on -call availability; on -site and remote support will be provided on demand Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 206 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 15: Industry Specific Questions Line Item Question Response* 69 If you are awarded a contract, provide a GovDeals recognizes the importance and value of cooperative contracts and partner few examples of internal metrics that will relationships. One of the company's senior managers, Christy Logan, oversees these be tracked to measure whether you are partnerships. Contract compliance is ensured through quarterly and monthly reports having success with the contract. detailing participating agencies' contract activity, as well as timely payment of applicable cooperative fees or revenue sharing. We have backend functionality in place to report all sales under the cooperative contract. GovDeals' system functionality also includes a simple way for Sourcewell to review the cooperative usage of its contract at any time, and each cooperative agency's sales amount is included on this report. 70 Describe your roles and responsibilities for GovDeals will provide easily accessible, highly responsive technical support and each service you are proposing. customer service to Sourcewell Members. Sourcewell Members will be given direct phone numbers and email addresses for each person on their respective account team. Each team is comprised of the following: - Dedicated Client Account Manager in the Member's region who will be the Member's primary point of contact for any technical questions, advice, training, assistance loading auctions, etc., throughout the duration of the business relationship. Every Client Account Manager may be reached by cell phone or email 24 hours a day, 7 days a week and will provide on -site support whenever warranted. - Customer support help desk team to provide additional service and support. - Regional representative to confirm that the service provided by GovDeals meets the Member's specific needs and requirements and to ensure contract compliance. - Note: Sourcewell Members that are State or Higher Education entities will receive a 3-person team dedicated to State -Level Government accounts. - Marketing support team to market the Member's assets to targeted bidders to maximize competition and return on investment. - Bidder help desk team to ensure bidders comply with the terms and conditions of Sourcewell Members' auctions. - Accounting team to ensure Sourcewell Members' auction sales and proceeds are properly reconciled and remitted weekly. 71 Describe the agency's roles and To simplify the onboarding process, the GovDeals website enables Members to sign - responsibilities for each service you are up online and designate Sourcewell as their contracting vehicle. GovDeals will receive proposing. this one-time "order," and the Member's account will be established according to the options chosen at sign-up. Sourcewell Members will then be responsible for taking photographs and entering descriptive details on an asset inspections form (provided by GovDeals) for each asset deemed surplus. hey will also be responsible for uploading the photos and information to an auction creation template located in their GovDeals' account. GovDeals' auction calculator can recommend starting bid, bid increment, and auction dates for the auctions; these values can also be input manually. While the auction is live, Members will be able to monitor their own auctions and answer bidder questions through their individual GovDeals account. Members will also be responsible for responding to winning bidders to set up removal appointments. Member representatives must verify buyer ID and sign the Bill of Sale to release the asset(s). Once asset(s) have been removed, the representative marks the asset(s) "Picked Up" in the GovDeals system and GovDeals will remit payment for the asset(s). See our Auction Timeline in uploaded documentation for more information. 72 Describe your process of assessing For high -value items deserving of an appraisal (e.g. helicopters or airplanes), market value of the items to be auctioned GovDeals will arrange for an independent appraisal at our expense. For the vast (where applicable). majority of surplus items, GovDeals can provide valuation recommendations based on actual historic auction data both within our system and from general auction results data to help Sourcewell Members determine fair market value. Our company also has an expert on staff to provide pricing guidance and listing strategies for maximizing returns for heavy equipment. Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 207 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 73. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Contract Section I Term, Condition, or Specification I Exception or Proposed Modification Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 208 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury_gov/ofac/downloads/sdnlist.pdf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 209 of 634 DocuSign Envelope ID: 62F4E395-B369-4A76-82D4-D832F8298FEF by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. r By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Steve Kranzusch, Vice President & General Manager, Liquidity Services Operations LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum _9_Auction _Services_RFP_012821 Sun January 24 2021 06:05 PM Addendum_8_Auction_Services_RFP_012821 Thu January 14 2021 08:57 AM Addendum_7_Auction_Services_RFP_012821 Fri January 8 2021 08:58 AM Addendum_6_Auction_Services_RFP_012821 Wed January 6 2021 04:22 PM Addendum_5_Auction_Services_RFP_012821 Wed January 6 2021 02:02 PM Addendum_4_Auction_Services_RFP_012821 Wed January 6 2021 02:01 PM Addendum_3_Auction_Services_RFP_012821 Tue January 5 2021 01:35 PM Addendum_2_Auction_Services_RFP_012821 Mon January 4 2021 04:23 PM Addendum-1— Auction_Services_RFP_012821 Mon December 28 2020 11:21 AM Bid Number: RFP 012821 Vendor Name: Liquidity Services Operations, LLC Page 210 of 634 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 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: SPRINGDALE TRACTOR - KUBOTA AIRPORT MOWER RECOMMENDATION: 2023-745 COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2023 Kubota ZD1211 R-3-60R WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $16,651.72 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM SPRINGDALE TRACTOR AND APPROVE A BUDGET ADJUSTMENT. BACKGROUND: Unit # 5092 is 2019 Kubota Mower used to mow Drake Field. This mower is 4 years into a 5 year service life. DISCUSSION: The Airport's current mower, unit # 5092 has had consistent major mechanical failures and is no longer able to perform the needed daily tasks for the airport. Within slightly over a year this unit had $6,869.55 in repair costs and is no longer fit for front line duty or able to perform the needed daily tasks for the airport. Fleet is recommending replacement instead of any further repairs. BUDGET/STAFF IMPACT: The replacement unit was not budgeted for replacement until 2024. However, moving this replacement up is the most cost-effective approach at this time. A budget adjustment is being submitted to utilize Fleet's fund balance for this purchase. This mower was approved at the March 10th Equipment Committee. ATTACHMENTS: SRF Kubota Airport Mower, 2023-745 BA Kubota Airport Mower, Kubota Mower Quote ZD1211 R-3-60R Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 211 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-745 SPRINGDALE TRACTOR - KUBOTA AIRPORT MOWER A RESOLUTION TO AUTHORIZE THE PURCHASE OF A KUBOTA TRACTOR FROM SPRINGDALE TRACTOR FOR THE AMOUNT OF $16,651.72 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING 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 authorizes the purchase of a Kubota Tractor from Springdale Tractor for the amount of $16,651.72 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing 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 212 of 634 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-745 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/10/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2023 KUBOTA ZD1211R-3-60R WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $16,651.72 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM SPRINGDALE TRACTOR AND TO APPROVE A BUDGET ADJUSTMENT. 9700.770.1920-5802.00 Account Number 02083 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Shop Fund Tractors and Mowers Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 944,106.00 $ 86,115.32 r- 857,990.68 $ 16,651.72 $ 16,652.00 857,990.96 Previous Ordinance or Resolution # Approval Date: V20221130 Page 213 of 634 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FLEET OPERATIONS (770) /Org2 2023 Requestor: Ross Jackson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2023 KUBOTA ZD1211R-3-60R WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $16,651.72 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM SPRINGDALE TRACTOR AND TO APPROVE A BUDGET ADJUSTMENT. (APMN_F004 / #5129) COUNCIL DATE: 6/6/2023 ITEM ID#: 2023-745 Nolly Black 517012023 77:77 tgl;l Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 16,652 16,652 v.2023323 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1910-4999.99 16,652 RE Use Fund Balance - Current 9700.770.1920-5802.00 16,652 - 02083 2023 EX Vehicles & Equipment - base i () r Page 214 of 634 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 TO: Mayor Jordan and City Council THRU: Ross Jackson, Jr., Fleet Operations Superintendent FROM: Terry Gulley, Asst Public Works Director - Ops DATE: SUBJECT: GAPVAX HYDRO EXCAVATOR RECOMMENDATION: CITY COUNCIL MEMO 2023-744 COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575.70 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA AND APPROVE A BUDGET ADJUSTMENT. BACKGROUND: This Hydro Excavator will be an expansion unit to the Water and Sewer Division. DISCUSSION: A large number of water leak repairs made by Water/Sewer are service lines that are located in customer's yards or crowded general utility easements, utilizing the hydro excavator is the safest, most efficient, and least invasive method to perform these repairs. The Water and Sewer Division repairs over 1,300 water leaks annually. Hydro excavation also eliminates the need to wait for utility locates before making a repair whereas traditional excavation requires locate requests through 811 — Call Before You Dig. A hydro excavator would allow Water/Sewer to improve efficiency when making water leak repairs. It is a safer method of excavation when working near electric and gas lines, and it would allow the sewer vac trucks to be utilized more for its original intention in maintaining the sewer system rather than assisting with water leak repairs. This would also decrease wear and tear on the vactor trucks saving money on maintenance costs, decreasing downtime and increasing availability of their use. BUDGET/STAFF IMPACT: A budget adjustment will be submitted with this request. This purchase was approved at the May 9th 2023 Equipment Committee. ATTACHMENTS: 2023-744 SRF GapVax Hydro Excavator W&S, 2023-744 BA GapVax Hydro Excavator W&S, GapVax Sourcewell Quote Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 216 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-744 GAPVAX HYDRO EXCAVATOR A RESOLUTION TO APPROVE THE PURCHASE OF A GAPVAX EXCAVATOR FROM GAPVAX, INC. IN THE AMOUNT OF $665,575.70, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING 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 2024 GapVax HV56 Wet/Dry Hydro Excavator from GapVax, Inc. in the amount of $665,575.70, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing 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 217 of 634 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-744 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/10/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA. AND APPROVE A BUDGET ADJUSTMENT. 9700.770.1920-5802.00 Account Number 02077.2023 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: Comments: Budget Impact: SHOP Fund Fleet - Construction Equipment Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,657,303.00 $ 862,338.68 r- 794,964.32 $ 665,575.70 $ 665,576.00 794,964.62 Previous Ordinance or Resolution # Approval Date: V20221130 Page 218 of 634 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FLEET OPERATIONS (770) /Org2 2023 Requestor: Ross Jackson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA AND APPROVE A BUDGET ADJUSTMENT. (WSEW_F103 / #9337) RESOLUTION/ORDINANCE COUNCIL DATE: 6/6/2023 ITEM ID#: 2023-744 Nolly Black 517012023 77:32 qln Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number 665,576 665,576 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2023323 Account Name 5400.720.1840-5801.00 (665,576) 13019 1 EX Fixed Assets 5400.720.1840-7602.70 9700.770.1920-6602.40 665,576 - - 665,576 13019 02077 1 EX 2023 RE Transfers To Funds - Shop Transfer from Fund - Water & Sewer 9700.770.1920-5802.00 665,576 - 02077 2023 EX Vehicles & Equipment - base i () r Page 219 of 634 SOURCEWELL CONTRACT NO. 101221-GPV GapVax PREPARED BY GapVax, Inc 575 Central Ave. Johnstown, PA 15902 PREPARED FOR Aaron Watkins City of Fayettevill, Arkansas A QUOTE .1 HIM A- f FI • I' April 20, 2023 NOTE: THE GAPVAX HV UNIT MAY EXCEED FEDERAL BRIDGE ALLOWABLE WEIGHTS WHEN LOADED WITH WATER, OR DEBRIS, AND/OR BOTH WATER AND DEBRIS COMBINED. PLEASE CONSULT FACTORY. CHAO01 2023 PETERBILT 567 - 500 HP - 315" WHEELBASE 1 CUMMINS X15-500 V RATED FOR 500 HP @ 1900 RPM AND 1850 LB -FT @ 950 RPM ALLISON 4500 RDS-P TRANSMISSION CAB PAINTED FACTORY WHITE 1 STD STOCK CHASSIS ARE SUBJECT TO PRIOR SALE, LIMITED QUANTITY ARE AVAILABLE DEBRIS BODY OPTIONS 15 USABLE YARD DEBRIS TANK MADE OF 1/4" ASTM A-572 GRADE 50 EXTEN STEEL 1 STANDARD STD BOLT -ON CYCLONES AND CYCLONE DUMP CHUTE STANDARD STD TOP -LOADING MATERIAL BACKED BODY INLET STANDARD STD STD STD STD STD FULL -OPENING REAR TAILGATE FOUR HYDRAULIC REAR DOOR LOCKS DUAL TAILGATE LIFT CYLINDERS FRONT MOUNTED HOIST CYLINDER, POWER UP AND DOWN STAINLESS STEEL TAILGATE SEALING ROD STANDARD STANDARD STANDARD STANDARD STANDARD STD THREE TIE -OFFS ON TOP OF THE BODY STANDARD STD SEMI -CIRCULAR BODY BAFFLE WITH SURGE BAR STANDARD A2A DECANT AT BOTTOM OF TAILGATE - 6" BRASS LEVER VALVE 1 A24P DECANT HALF WAY UP TAILGATE - 4" BRASS VALVE 1 A3 LIQUID LEVEL INDICATOR ON TAILGATE 1 A6C PUMP OFF SYSTEM - 4" SLUDGE PUMP WITH SILICONE CARBIDE SEALS REQUIRES J303 1 A350Q UPGRADE FLOAT BALL CAGE TO STAINLESS STEEL 1 A350R UPGRADE TAILGATE LL INDICATOR TO SS 1/2" ROD INSIDE TAILGATE 1 A23 ELECTRIC VIBRATOR ON DEBRIS TANK STANDARD A33A TAILGATE SPLASH SHIELDS - WELDED TO TANK 1 A44 PNEUMATIC TAILGATE PROP (IN ADDITION TO STANDARD TAILGATE PROP ROD) REQUIRED STD STD STD STD STD STD PNEUMATIC ACTUATED BODY PROP WATER TANK OPTIONS 1,200 GALLON WATER TANK MADE OF 1/4" ASTM A-572 GRADE 50 EXTEN STEEL WATER TANK COATING NOT WARRANTED 3" WATER FILL LINE WITH 3" Y-STRAINER AND ANTI -SIPHON WATER LEVEL SIGHT TUBE ON CURBSIDE 2" WATER TANK DRAIN STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD Page 221 of 634 STD 20" MANWAY ON WATER TANK B300 UPGRADE TO BUTTERFLY VALVE IN SUPPLY LINE MOUNTED AT REAR HINGE PIN B305 ADD 3/4" BALL VALVE AND SPOUT TO WATER TANK SIGHT GLASS C300 VACUUM SYSTEM OPTIONS HIBON 8702 VACUUM PUMP 5250 CFM AND 27" HG STD 12" LIQUID SHUTOFF STAINLESS STEEL FLOAT BALL STD SINGLE MODE WET/DRY FILTRATION WITH (6) BOLT -ON EZ-DECON CYCLONES STD BAGHOUSE WITH (40) POLYESTER FILTER BAGS STD AIR -POWERED PULSATORS FOR CLEANING FILTER BAGS STD NOISE AND VIBRATION DAMPENING MOUNTS STD ULTRA QUIET EXHAUST/INTAKE SILENCERS C320 VULKAN VIBRATION DAMPENER ON BLOWER HIGHLY RECOMMENDED C321 8" VACUUM RELIEF VALVE HIGHLY RECOMMENDED C330A UPGRADE FILTER BAGS TO 285 DEGREE ACRYLIC BAGS C399 REMOVE STANDARD PULSATOR SYSTEM EXCEPT FOR TUBES ON BAGHOUSE DOORS D30 HX WATER SYSTEM OPTIONS STAINLESS BOX 78" WIDE X 28" DEEP X 24" TALL PUMP ENCLOSURE HX PUMP MUST BE HYDRAULICALLY DRIVEN 19 GPM / 2,900 PSI GIANT LP200-SS-GB, HYDRAULICALLY DRIVEN VIA AUTO TRANS PTO D317HAE REQUIRES J303A, G213, G330B (FIXED SPEED HYDRAULIC CONTROL) D25B-PM UPGRADE STD REEL TO HD AIR MOTOR RETRACT HOSE REEL WITH 1/2" X 100' HOSE INCLUDES PUSH LEVER AIR CONTROL PNEUMATICALLY OPERATED HX WATER PRESSURE RELIEF VALVE IN LIEU OF 3-WAY REQUIRES D307HA OR D317HA AND D4-HX+RAV AND UPGRADE HOSE REEL VALVE TO P/N: VAL022790 REMOTE ACTUATED INTEGRATED OPTION D4-HX CONTROL (G2B) G312A OR G312B REQUIRES D30 AND ENGINEERING D372A HEATED CABINET FOR PUMP AND HOSE - VIA ENGINE COOLANT SYSTEM APPROVAL D21 COLD WEATHER RECIRCULATION VIA AUTO TRANSMISSION REQUIRES D300 OR D315 D18 AIR PURGE SYSTEM - PUMP, REGULATOR, HOSE REEL D28 GLYCOL INJECTION SYSTEM D34 BURNER SYSTEM - MOUNTS ONLY REQUIRES VERTICAL SILENCERS D35B 1/2" HX LANCE WITH 6' EXTENSION AND RIPSAW NOZZLE E300 BOOM OPTIONS TUBE IN TUBE BOOM - EXTENDABLE - 17' - 25' REACH FROM CENTER OF TRUCK, INCLUDES VERTICAL SILENCERS E321A UPGRADE TO REINFORCED BOOM ELBOW (TUBE -IN -TUBE STYLE ONLY) REQUIRES E300 E323 3" CLEANOUT DOOR ON BACK OF BOOM CANNON E329 BOOM HYDRAULIC HOSE SUPPORT ARM E324 BOOM DOCKING PORT E325A BOOM TUBE EXTENSION TO BE DOCKED AT BOTTOM OF FRAME G213 CONTROLS, GAUGES, ACCESSORIES OPTIONS DM430 DISPLAY MOUNTED ON SIDE CONTROL PANEL, SAFETY SYSTEM INCLUDES REQUIRES G330B WATER PUMP ENGAGE SWITCH, WATER LEVEL, LOW WATER SHUT DOWN, WATER PUMP FLOW AND HOURS ENGINE / PUMP OVER SPEED SHUT DOWN, LOW PTO OIL PRESSURE WARNING WATER TEMPERATURE SENSOR WITH SHUT DOWN G14 BODY UP LIGHT & ALARM IN CAB G16 BOOM UP LIGHT & ALARM IN CAB G312B AARCOMM WIRELESS REMOTE WITH BOOM, VACUUM AND WATER FUNCTIONS STANDARD REQUIRED 1 STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INCLUDED INCLUDED INCLUDED 1 1 1 Page 222 of 634 G312B-ATD -,.,,,.-",,.,.,,,,..,,.. ,..... _...,..-.. 1-- ,,..,,,.... -..,,..,,.. --1 TIME) G312B G340A 25' GROUNDING CABLE HIGHLY RECOMMENDED G330B STD 16" X 20" STAINLESS CONTROL BOX WITH WINDOW ON CURBSIDE TRUCK-LITE LED STOP, TURN, AND TAIL LIGHTS STD TRUCK-LITE LED RUNNING (MARKER) LIGHTS STD UPGRADE STOP/TAIL/TURN LIGHTS TO LED HOA UPGRADE STOP/TAIL/TURN LIGHT BOX TO POLISHED STAINLESS STEEL H1 ONE LED STROBE BEACON LIGHT - FRONT (SAE CLASS-1 (SAE J595) COMPLIANT) (WHELEN L10 OR EQUAL) H5B (2) BOOM WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) H613 (2) REAR WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) H301 B (2) CYCLONE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) H302B (2) BAGHOUSE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) H8B (2) PUMP AREA WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) H18C REAR WHELEN ION SUPER LED FLASHERS - 6 LIGHT HEADS 3 ON EACH SIDE REAR (1 @ 45 DEGREES) H22 1300B REAR ARROW LIGHT - LOW PROFILE LED ARROW STICK (CLASS-1 (SAE J595)) STORAGE OPTIONS TWO FOLD -DOWN TUBE TRAYS (WHELEN TAM85 OR EQUAL) INCLUDES SUBFRAME (J302), WASH OUT HOLES, STAINLESS MUD FLAPS AND WHEEL CHOOCKS & HOLDERS ON EACH SIDE 17C-DS 36" TOOL BOX - STAINLESS STEEL, 36" WIDE X 24" HIGH X 24" DEEP, DRIVER'S SIDE 1303 ALUMINUM 24" X 24" X 48" TOOLBOX ON BURNER MOUNT REQUIRES D34 114 TRAFFIC CONE HOLDER ON DRIVER'S SIDE INCLUDES CONES 119 25' HOSE RACK 120A REAR DRAIN HOSE RACK FOR 6" LAYFLAT HOSE X 15' LONG STD STD STD STD STD STD J300 J001 J101 J2 J303A J4A J 14C J16D INCLUDED 1 1 STANDARD STANDARD STANDARD STANDARD 1 1 1 1 1 1 1 1 1 1 INCLUDED 1 1 1 1 1 INSTALLATION AND INTEGRATION OF BODY ONTO CHASSIS INCLUDED DOT LIGHTING / FENDERS / MUD FLAPS / TAILGATE SAFETY PROP, ICC LIGHTS STANDARD BODY SAFETY PROP STANDARD 60 GALLON HYDRAULIC OIL TANK STANDARD REAR BUMPER TRIANGLE KIT, FIRE EXTINGUISHER, BACKUP ALARM MID -SHIP MOUNTED (SPLIT -SHAFT) TRANSFER CASE WITH TOP DISCONNECT STANDARD STANDARD REQUIRED MUST BE "OMSI" BRAND TRANSFER CASE IN LIEU OF "NAMCO" OR OTHER (CONSULT ENGINEERING) NOT AVAILABLE WITH "SPL" SERIES CHASSIS DRIVELINE 1 UPGRADE TO 8" BODY LIFT CYLINDER UPGRADE, 175" STROKE MODEL HV56-1200 OR 1400 GALLON X-LONG BODY ONLY REQUIRED TRANSFER CASE OIL LEVEL SIGHT GLASS 1 ADD TWO HYDRAULIC OIL COOLERS TO CIRCUIT 1 TOW HOOKS - REAR - HEAVY DUTY - WELDED 20,000 LB LIFT AXLE MOUNTED IN THE PUSHER POSITION 3/4" WELDED PINTLE PLATE WITH DUAL GUSSETS AND REMOVABLE REAR STEP REQUIRES J16 1 1 1 STD PAINTED WITH PPG FLEET URETHANE PAINT STANDARD Page 223 of 634 STD PAINT BODY WHITE STD PAINT FRAME BLACK STD PAINT PARTS AND BOOM BLACK STD FLEET FINISH MISCELLANEOUS OPTIONS STD STANDARD - 8" TO 6" RINGLOCK REDUCER STD STANDARD - 6" IN -LINE SAFETY VACUUM BREAK TEE STD STANDARD - GAPVAX SAFETY DECALS M3 FILL HOSE 25' X 2 1/2" M29D FOUR CAMERA - BACK-UP CAMERA SYSTEM WITH 7" COLOR MONITOR (RV-805A), INCLUDES DVR-916 REAR, DVR-921 FRONT, AND TWO (2) DVR-920 SIDE CAMERAS. SIDE M334 HEAVY DUTY ALUMINUM HX TUBE, 8" X 5' X 0.090" WALL WITH PRESSED IN STEEL ENDS STD 8" RING LOCK M36 HEAVY DUTY ALUMINUM HX TUBE, 8" X 6' X 0.090" WALL WITH PRESSED IN STEEL ENDS STD 8" R.L. SOFT TIP AND SOFT TIP END M35 8" RING LOCK TUBE CLAMP, EACH (P/N: CLA000978) STD 8" RING LOCK STD ONE PAPER OPERATOR'S MANUAL STD ONSITE FACTORY TRAINING (1 DAY) MATERIALS SURCHARGE (EFFECTIVE MAY 1, 2022) INSTALL CUSTOMER WATER METER STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD 1 1 5 1 6 STANDARD STANDARD 1 Page 224 of 634 PRICE OF BASE UNIT WITH OPTIONS: $ 695,945.00 SOURCWELL DISCOUNT: DELIVERY: ($1,000.00 MINIMUM) SUBTOTAL: SALES TAX: FEDERAL EXCISE TAX (BODY): FEDERAL EXCISE TAX (CHASSIS): ALL PRICES ARE IN US DOLLARS 34,469.30 @ $4.00 PER MILE $ 4,100.00 665,575.70 TERMS: 15% DOWN PAYMENT. BALANCE DUE UPON COMPLETION. IN THE EVENT OF THE PURCHASER'S DEFAULT AND TERMINATION OF THIS SALES PROPOSAL AGREEMENT PRIOR TO START OF PRODUCTION, 25% OF THE DOWN PAYMENT SHALL BE FOREFEITED AND APPLIED TO GAPVAX, INC. AS PART OF ITS DAMAGES. ONCE PRODUCTION HAS COMMENDED ON THIS SALES PROPOSAL AGREEMENT, IN THE EVENT OF THE PURCHAERS CANCELLING THE SALES PROPOSAL AGREEMENT, OR FAILING TO ACCEPT DELIVERY, OR FAILING TO COMPLETE THE SALES PROPOSAL AGREEMENT, THE ENTIRE DEPOSIT SHALL BE FORFEITED TO GAPVAX, INC. BUT SUCH FORFEITURE SHALL NOT PREJUDICE ANY OTHER REMEDY WHICH GAPVAX, INC. MAY HAVE FOR BREACH OF ANY OF THE SALES PROPOSAL AGREEMENT. IN THE EVENT OF A COMPLETED UNIT NOT BENG FUNDED IN A PROMPT AND TIMELY MANNER, AN ADDITIONAL FEE WILL OCCUR TO COVER THE ADDITIONAL FLOOR PLAN EXPENSE. FEDERAL EXCISE TAX AND DELIVERY ARE LISTED. STATE SALES TAX IS NOT INCLUDED. STATE SALES TAX AND VEHICLE REGISTRATION IS THE RESPONSIBILITY OF THE PURCHASER. EXLUDES ALL OTHER APPLICABLE TAXES, DUTIES, TARRIFS, BROKERAGE, OR DOCUMENTATION FEES. DELIVERY, IF COORDINATED BY GAPVAX, IS $3.00 PER MILE, $1,000 MINIMUM. DELIVERY TERMS TERMS OF DELIVERY SHALL BE F.O.B. SHIPPING POINT, JOHNSTOWN, PENNSYLVANIA, U.S.A. THIS PROPOSAL WILL REMAIN IN EFFECT FOR 30 DAYS UNLESS CHANGED IN THE ITERIM UPON WRITTEN NOTICE FROM THE COMPANY BY SIGNING THIS PROPOSAL, PURCHASER THERBY EXPRESSES ACCEPTANCE OF EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN. ANY PURCHASE ORDER OR ACKNOWLEDGEMENT OFFERING TERMS INCONSISTENT WITH THE TERMS AND CONDITIONS HEREOF SHALL HAVE NO BINDING EFFECT WHATSOEVER ON GAPVAX INCORPORATED (THE "COMPANY") OR THE TERMS AND CONDITIONS HEREOF. THIS DOCUMENT AND THE OTHER DOCUMENTS SPECIFICALLY REFERED TO AS BEING A PART HEREOF CONSTITUTE THE ENTIRE CONTRACT ON THE SUBJECT MATTER, AND SHALL NOT BE MODIFIED EXCEPT IN WRITING SIGNED BY BOTH PARTIES. ASSIGNMENT MAY BE MADE ONLY WITH WRITTEN CONSENT OF THE OTHER PARTY. PLEASE RETURN A SIGNED COPY TO ESMITH@GAPVAX.COM PURCHASER'S ACCEPTANCE: THE FOREGOING QUOTE 23149 Rev 4 IS HEREBY ACCEPTED By: Title: Date: Page 225 of 634 Page 226 of 634 GapVax Incorporated Terms and Conditions of Sale 1. ORDERS. All orders are subject to acceptance by an officer of GapVax Inc. Orders for products not regularly carried in stock or requiring special engineering or manufacture are in every case subject to approval by an officer of GapVax. 2. PERFORMANCE. GapVax Inc. shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control. 3. EXPERIMENTAL WORK. Work performed at customer's request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates. 4. SKETCHES, ENGINEERING DRAWINGS, MODELS and all preparatory work created or fumished by GapVax Inc. shall remain its exclusive property; and no use of same shall be made, nor may ideas obtained therefrom be used, except with the consent of and on terms acceptable to GapVax Inc. 5. CANCELLATION. Orders regularly entered cannot be canceled except upon terms that will compensate GapVax Inc. for any loss or damage sustained. 6. SHIPMENT. All proposals are based on continuous and uninterrupted delivery of the order upon completion unless specifications distinctly state otherwise. In the event that an agreement is reached for GapVax Inc. to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and GapVax Inc. shall be liable only for ordinary care of the property. 7. CUSTOMER'S PROPERTY. GapVax Inc. shall charge the customer at current rates, for handling and storing customer's property (e.g., truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's property, or third party's property, that is stored by GapVax Inc. is at the customer's or other party's risk. GapVax is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any cause beyond its reasonable control. B. PRICES. All orders are subject to current prices in effect at the time of order acknowledgment. Prices and Specifications are Subject to Change Without Notice. PRICING DISCLAIMER: While we make every effort to maintain and preserve pricing accuracy, prices are subject to change without notice. Although the information on this quotation is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or accuracy of this information. We reserve the right to change, delete, or otherwise modify the pricing information which is represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials. Please check your order to confirm your pricing information_ 9. F.O.B. POINT. Unless otherwise stated, all prices listed are F.O_B. point of manufacture. 10. TAXES. Unless specifically stated, prices listed do not include Federal, State, City or other excise occupation, sales, use or similar taxes which are extra and are to be added at rates in effect at time of shipment. If federal Excise Taxes are included or listed on the reverse side of this paper, they are stated at the rates and regulations in effect at the time this order is written and are subject to revision in accordance with rates and regulations in effect at time of shipment. 11. PRODUCT IMPROVEMENT. GapVax Inc. reserves the right to change manufacturing specifications and procedures without incurring any responsibility for modifying previously shipped products. 12. MOUNTING PRICES. Mounting prices assumes normal factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, gas tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate. 13. WARRANTY. GapVax Inc. warrants its products to be free from defects in material and workmanship, subject to the limitations and conditions set forth in its current published warranty but makes no warranty of merchantability or fitness for any particular purpose. GapVax Inc. does not assume liability for any loss of product, time or any direct, indirect, or consequential damage, losses or delay or any nature whatsoever. No warranty, express or implied, is made or authorized to be made and no obligation is assumed or authorized to be assumed with respect to products of GapVax Inc. other than that set forth in the current, published warranty. It is to be understood that the acceptance this order is expressly conditioned upon your acceptance of GapVax Inc. standard written warranty for the products sold hereunder GapVax Inc. hereby disclaims any responsibility or liability for any consequential losses delays or downtime resulting from orders hereunder the use of its products. GapVax does not and will not warranty any tank coating or tank lining_ PTO damage is not covered when the PTO protection system or low water shut down system is not selected / installed / and operational. GapVax does not and will not warranty any water system component(s) that show any sign or indication of ice or freeze damage. 14. This agreement shall be construed according to the laws of the State of Pennsylvania. Our failure at anytime to exercise any right we may have under the agreement shall not constitute a waiver thereof nor prejudice our right to enforce same thereafter. 15. This order, including the above terms and conditions contains the complete and final agreement between the parties hereto and no other agreement in any way modifying any of said terms and conditions will be binding on us unless in writing and agreed to by authorized representative of this company. Page 227 of 634 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-743 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent DATE: SUBJECT: RESOLUTION TO PURCHASE TWO (2) 2023 INTERNATIONAL CV515 HEAVY DUTY UTILITY TRUCKS AND ONE SNOW PLOW ATTACHMENT RECOMMENDATION: COUNCIL APPROVES A RESOLUTION TO PURCHASE TWO (2) 2023 INTERNATIONAL CV515 HEAVY DUTY UTILITY TRUCKS AND ONE SNOW PLOW ATTACHMENT FOR A TOTAL SOURCEWELL COOPERATIVE PURCHASING PRICE OF $218,435.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM RUSH TRUCK CENTERS OF LOWELL AR AND APPROVE A BUDGET ADJUSTMENT. BACKGROUND: Both Transportation and Water / Sewer Division have expansion units budgeted to be purchased for fiscal year 2023. The Transportation expansion unit is a 4x4 dump body with an attached snow plow and Water Sewer Department's is a 4x4 Utility body. DISCUSSION: Both trucks were originally budgeted to be Ford F550 4x4's, but due to Ford canceling Super Duty government contracts and being unavailable for purchase, the best alternative is the International CV515. Both these make and model trucks will be new to the City of Fayetteville Fleet Division and may be considered for future extreme duty circumstances. BUDGET/STAFF IMPACT: Both Trucks are over the forecasted budget allocation, a budget adjustment is attached for your approval. Both Trucks were approved at the May 9th Equipment Committee. ATTACHMENTS: 2023-743 SRF CV Utility Trucks, 2023-743 BA WSEW_F105 & TRAN_F128 exp, TRANS CV Dump -Plow Truck, W-S CV Utility Body Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 228 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-743 RESOLUTION TO PURCHASE TWO (2) 2023 INTERNATIONAL CV515 HEAVY DUTY UTILITY TRUCKS AND ONE SNOW PLOW ATTACHMENT A RESOLUTION TO APPROVE THE PURCHASE OF TWO INTERNATIONAL HEAVY DUTY UTILITY TRUCKS AND ONE SNOW PLOW ATTACHMENT FROM RUSH TRUCK CENTERS OF ARKANSAS, INC. FOR THE TOTAL AMOUNT OF $218,435.95 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 approves the purchase of two International CV515 Heavy Duty Utility Trucks and one snow plow attachment from Rush Truck Centers of Arkansas, Inc. for the total amount of $218,435.95 plus any applicable taxes and freight charges, and further authorizes the Mayor to sign the quote and any other documents necessary to effectuate the purchase. 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 229 of 634 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-743 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/10/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: COUNCIL APPROVES A RESOLUTION TO PURCHASE TWO (2) 2023 INTERNATIONAL CV515 HEAVY DUTY UTILITY TRUCKS AND ONE SNOW PLOW ATTACHMENT FOR A TOTAL SOURCEWELL COOPERATIVE PURCHASING PRICE OF $218,435.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM RUSH TRUCK CENTERS OF LOWELL AR AND APPROVE A BUDGET ADJUSTMENT. Budget Impact: 9700.770.1920-5802.00 Shop Account Number Fund 02078.2023 Fleet - Light & Medium Utility Vehicles 02079.2023 Fleet - Heavy Duty Utility Vehicles 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: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 932,418.00 $ 153,882.16 r- 778,535.84 $ 218,435.95 $ 68,436.00 628,535.89 Previous Ordinance or Resolution # Approval Date: V20221130 Page 230 of 634 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FLEET OPERATIONS (770) /Org2 2023 Requestor: Ross Jackson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: COUNCIL APPROVES A RESOLUTION TO PURCHASE TWO (2) 2023 INTERNATIONAL CV515 HEAVY DUTY UTILITY TRUCKS AND ONE SNOW PLOW ATTACHMENT FOR A TOTAL SOURCEWELL COOPERATIVE PURCHASING PRICE OF $218,435.95 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM RUSH TRUCK CENTERS OF LOWELL AR AND APPROVE A BUDGET ADJUSTMENT. (WSEW_F105/#3025; TRAN_F128/#3026) COUNCIL DATE: 6/6/2023 ITEM ID#: 2023-743 Nolly Black 517012023 77:47 AM Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 136,872 136,872 v.2023424 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1920-5802.00 28,810 - 02079 2023 EX Vehicles & Equipment - base 9700.770.1920-6602.40 - 28,810 02079 2023 RE Transfer from Fund - Water & Sewer 5400.720.4000-7602.70 28,810 - 59700 5400 EX Transfers To Funds - Shop 5400.720.4000-4999.99 - 28,810 RE Use Fund Balance - Current 9700.770.1920-5802.00 39,626 - 02078 2023 EX Vehicles & Equipment - base 9700.770.1920-6602.10 - 39,626 02078 2023 RE Transfer from Fund - Street 2100.410.4120-7602.70 39,626 - 59700 2100 EX Transfers To Funds - Shop 2100.410.4100-4999.99 - 39,626 RE Use Fund Balance - Current 1 oC ] Page 231 of 634 International Trucks is pleased to provide you with this proposal compliant with all terms of the Sourcewell Vehicles and Chassis Contract #060920-NVS awarded to Navistar, Inc for new International Truck. If you have any questions regarding enro]Iment 1n Sourcewell or detailed contractterms and conditions, please see your I nternatio n a] Truck sakes representative. PROPOSAL PREPARED FOR: PROPOSAL PREPARED BY: Sourcewell Member: City of Fayetteville (Sourcewell #34143 Rush Truck Center Lowell Contact: Rosslackson Ryan Lynch Address: 1525 Happy Hollow Rd. City/sfatelft: Fayettevi lie, AR 72701 Phone: 479-979-6221 Email: riacksonaDfavetteville-ar.gov- Proposal Number DateQuantity Ed of this SpecificationSingle Sourcewell Transaction Total Volume Chassis New 20203 International CV515 Chassis $ 67,338,00 Base Chassis List $ 51,683-00 Options List $ 15,655.00 Sourcewell Contract Discount $ 6,000.00 $ (6,000-00) Volume Incentive $ - Freight $ 1,950,00 Raw Material Increase $ 3,500.00 Chassis Handling Fee ;Limited to $1000) $ 1,000,00 Net Sourcewell Chassis Price $ 67,788-00 Sourcewell Partner Body Non-Sourcewell Dealer Supplied Body Nichols 12' Dump $ 26,4363.00 Handling Fee 5.0091 $ 1,349,15 Additional Post Build Work RTC Lowell Install Meyer 9' Lot Pro Snow Plow $ 10,577,00 Handling Fee 5.00% $ 528.85 Service Contracts ESC Warranty- Feature Code: 40PNG 60mo $ 3,974.00 Additional Freight Freight from body company $ 1,500.00 $ Additional Floorplan Body and snow plow install lead times $ 1,947,00 Additional Fees &Taxes $ Total Sourcewell Customer Price FOB Nichols Fleet Eq/ RTC $ 114,fi2fi.o0 addltionalSoarcewell Qualified Content ;,u5tnmer Parts Credit - Fleet Charge ❑nfy $200 -•;ri:�::: :I 51,200 7r.:•rris: Stock unit in dealer's inventory, dealer will accept final purchase order using the current Sourcewell pricing quoted above. Dealer placing a new orders for the Sourcewell Member, the purchase arder cannot he firmed up until the un€t is slotted to build with a firm build date or lineset. Once a firm build date has been established, dealer will provide the Sourcewell Member approved pricing and a final purchase order can be accepted with frrm pricing. Dealer cannot guarantee bodies andlor equipment pricing added to the chassis for a turnkey sale until chassis is Iineset. Sourcewell wi Awarded Contract Page 232 of 634 Rush Truck Center, Lowell .e 807 S Blodmington St TRUC t CENTERS Lowell, AR 72745. 479.770-1235 .City of Fayelteviile Customer Proposal Letter AR Thank:.you for trusting u.s with your business. Pleasereview the proposal below, and if you approve, sign and return to.us.at your convenience. We. look forward to working With 'you and will continue to do'cur best.to earn your'.trust now and in. the future. - C y �.. ..•.:� r<':.i%.lei s� ,.:-. jj� } " r .s:':.^^-'•...:....: Year 2023 Make International Model CV515 Stock # . TBD Serial # TBD Quantity Total Truck Price per Unit $114,626.00 $ 114626.00 FET. {Factory & Dealer. Paid} $ 0,00 Net Sales Price $114,626.00 _ $114,626:00_ Optional Extended Warranty(ies) State Sales Tax Total Sales Price _S 11026:00 $114,626.00 Trade A 16wance (see DISCLAIMER Below) Deposit[. Down Payment Unpaid Balance Due on delivery $ 114i626.00 114 626,00 'us:tr. trr�ry r . .. . . ..............-...,-._ail..--._..,....r ..... ...-.. ..... .... ......r. .. . r:y�:,.-....:. -., .��-'r: -..= ..: s...;r�.,: '-=':,-.:'�'�':::?'isr;v:"......,.>..-.....,..._........r--,.�_................................................_...-_-.....,. .,.....-.....,....... ...... . Sales Representative Signature Purchaser Accepted hy.5ales Manager or General Manager Quote good until 2/1212023 Signature Signature Billy Mathews Priirted Name Date Pr nted Name 1 Title Date Printed blame Date Note: The above.Customer Proposal is a quotation only. Sale terms subject to approval of Sales Manager of Dealer. . DISCEAWER: Any War based on thi$ Prppnsal is sutgect to Cutemerexemlfq Dealer's standard form Retail Saless Orderand ether required documxnts jncarporating the above terms. Rny.doctlmentary Foes, PET, slate fax, title; regisird.cii aredlicense I* su*ae adjustment and change- This Proposal is based upon Nalec's anent and expeoted imrentory,wfirch is subject to change. Dealer is not ohrgafed to retain any specific veMples in stock, nor maii;oin specific inventory levels- Dealersnal not :be obGgaled to fulfil Proposal in event quoted vehicle(s) is not irr stock or available vdlhinrequested delivery schedule. Manufacturerhas reserved the rightto change the price fo Deafer of any vehUa.not cwklly in Dealers stocf�.vrifhout noticeio Dealer and Lsalor reserves Me right to change Quotation TnW tu'redecf any price increases from Manufacturer- Qaaler shaRl not tie liable fosany delayAn previding or ihabirity to: provide: Quoted Vehzde(s)- Abova.6sled Trade Vakia based upon eunent ppfwisal of Trade Vehidtelaj. Delver may adjust Trade Value (it Trade Vehicle(sj to called changes in condition and:'dc mileage of Trade Vehiclets) beM•een date of auaent.appraisal and acceptance.of the Trade Vehiole by Cpslomer-. Includes.subsciiptidn period form of specified months_'' Customers use 0 RushGare Service is governed by the Rushcare user Agreement located at hftps:fNr".rushttuckcenter-cwxil ushca auser-agreemem. i".Cus =Qes use of.Telematics seances is governed by separate 3" patty license lams and Rush Is not liable for the TeierPatics Service. Gap Coverage is provided and administered by an iredependent3" party provider under a separate eantracidireclfy between customer and the Party provider.' .. . Page 233 of 634 1NTERNATfONAL' Prepared For: CITY OF FAYETTEVILLE Jesse Beaks 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701- (479)575 - 8289 Reference ID: MH302564 April 28, 2023 Presented By: RUSH TRK CTR OF AR Biliy Mathews 807 S BLOOMINGTON ST. LOWELL AR 72745 - 9667 (479 )770-1200 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. Model Profile 2023 CV515 SFA (CV515) AXLE CONFIG: 4X4 APPLICATION: Stake Flat MISSION: Requested GVWR: 19500. Calc, GVWR: 19500. Calc. GCWR: 30000 Calc. Start 1 Grade Ability: 42.68% 12.88% �3a 55 MPH Calc. Geared Speed: 103.2 MPH DIMENSION: Wheelbase: 199.00, CA: 83.80, Axle to Frame: 63.00 ENGINE, DIESEL.: {International 6.61 EPA 2021, 350HP @ 2700 RPM, 700 lb-ft Torque @ 1600 RPM, 2900 RPM Governed Speed, 350 Peak HP (Max) TRANSMISSION, AUTOMATIC: {Allison 1760 R DS} 6th Generation Controls, Close Ratio, 6-Speed with Double Overdrive, with PTO Provision, Less Retarder, includes Park Pawl, with 19,500-lb GVW and 37,500-lb GCW Max, On/Off Highway AXLE, FRONT DRIVING: {Dana Spicer 60-2661 Single Reduction, 7,500-lb Capacity, with Hub Piloted Wheel Mounting AXLE, REAR, SINGLE: {Dana Spicer S14-110) Single Reduction, 13,500-lb Capacity, 190 Wheel Ends Gear Ratio: 4.30 CAB: Conventional 6-Man Crew Cab TIRE, FRONT: (2) 225170R19.5 Load Range G G647 RSS (GOODYEAR), 640 revlmile, 87 MPH, All -Position TIRE, REAR: (4) 225/70R19.5 Load Range G FUEL MAX RTD (GOODYEAR), 643 rev/mile, 87 MPH, Drive SUSPENSION, REAR, SINGLE: 13,500-lb Capacity, Vari-Rate Springs PAINT: Cab schematic 100CX Location 1: 9219, Winter White (Std) Chassis schematic NIA Proposal: 3574-01 Page 234 of 634 iNTERNATIONAV Vehicle Soecifications April:28, 2023 2023.CV515.SFA (CV515) Corte Description FIR Wt Tot Wt {lbs) (Ibs) CV51500 Base. Chassis,. Model CV515 SFA with 199.00 Wheelbase; 83.80 CA, and:63.00 4671/2886 7557 Axle to Frame. 1ANB AXLE CONFIGURATION {Navistar} 4x4 010 0 Notes Pricing may change if axle configuration is changed, 12GAG ENGINE, DIESEL {International 6.6} EPA.2021,.350HP @ 2700 RPM, 700 lb-ft 010 0. Torque @ 1600RPM, 2900 RPM Governed Speed, 350 Peak HP (Max) Includes GLOW PLUG Automatic with Indicator Light OIL FILTER, ENGINE Spin -.On Type 12XCU GARB EMISSION WARR COMPLIANCE for International 6.6 Engines .010 0 12WZJ CARB IDLE COMPLIANCE Low NOx Idle Engine; Complies with California Clean 010 0 Air Regulations; Includes "Certified Clean ldfe" Decal located on Driver Boor 12VJP EMISSION, CALENDAR YEAR flnternational 6.6}. EPA, OBD.and GHG Certified 010 0 for Calendar Year 2023 12XZD RADIATOR.Aluminum ; 3-Row., Down Flow, Front to.Ba.ck.,System, 730 Sgln. 010 0 Louvered,.w.ith 578 Sqln Charge Air Cooler, Includes In Tank Oil. Cooler 12TTM FAN DRIVE Viscous Type; Screw On, .Rear Tether, Electronically Controlled 010 0 12VGC AIR CLEANER.S'ingle Element,. with Water Separator ol0 0 12X8L BLOCK HEATER, ENGINE 120V1800W 010 0 12WUU GOVERNOR Electronic -Road Speed Type,.with 75 MPH Default 010 0 12WGG THROTTLE,.HAND CONTROL Engine Speed Control for PTO.; Electronic 014 0 Controlled,.On/Off Switch Mounted on Dash, with Steering Wheel. Button Control 13BAR TRANSMISSION, AUTOMATIC {Allison 1750 RDS}.6th Generation Controls, 010 0 Close Ratio, 6-Speed with Double Overdrive, with PTO: Provision, Less Retarder, Includes ParkP'awl, with 1.9;500-Ib.GVW and 3.7,50o-Ib GCW Max, On/Off Highway 13WVV NEUTRAL AT STOP Allison Transmission: Shifts .to Neutral When Service. Brake: is 010 0 Depressed and Vehicle is at Stop; Remains in Neutral Until Service Brake is Released 13XAK PTO. LOCATION Customer. Intends to Install PTO at. Right. Side of Transmission 010 0 13WYY SHIFT CONTROL.PARAMETERS {Allison} 1.000. or 2000 Series Transmissions, 010 0. Performance Programming 13TLP TRANSFER CASE {Meritor MTC-320312-Speed; Gear Drive, 3,000 lb-ft Torque 159129 188 Rating, Less PTO Provision, Electric Shift Control Notes. Transfer Case Includes .40W Synthetic Lube 14Abw AXLE, REAR, SINGLE (Dana Spicer S14-110) Single Reduction, 13,500-Ili 010 0 Capacity;'1 go. Wheel Ends ..Gear Ratio: 4.30. i4SAC SUSPENSION, REAR, SINGLE 13;500-lb Capacity,.Vari-Rate Springs 016.0 6. 2EWA AXLE; FRONT DRIVING {Dana Spicer 60-256}.Single Reduction, 7;500-lb 15510. 155 Capacity,.with Hub Piloted Wheel Mounting FA Proposal:.3574-01 Page 235 of 634 INTERNATIONAV Vehicle Spegificatlons April .28, 2023 2023 CV515 SFA.(CV515). Code Description FIR Wt Tot Wt (Ibs). (lbs) 2WLC AXLE, FRONT DRIVING, LUBE {EmGard FE-75W-90}.Synthetic Oil; 1 thru 29..99. 010 0. Pints 3AJN SUSPENSION; FRONT, SPRING Parabolic. Taper Leaf, Shackle Type, 7,.500-lb 3110 31 Capacity, with Shock Absorbers 16196 CAB.Conventicnal 6-Man Crew Cab 336/230: 566 Includes :'.CAB DOOR LOCKS Power Door Locks All Doors DOME LIGHT, CAB with OFF/DOOR/ON Settings;.Located in Overhead' Console READIING.LIGHT;'CAB Located in Overhead Console STEP (4) qne Step Per Door : STORAGE POCKET, DOOR (2) Full Length, Driver and Passenger Door 16X.CP AIRBAG; FRONT, DRIVER SIDE 010 0 16XCR AIR BAG, FRONT; PASSENGER SIDE 010 0 1 GXDE AIR BAG, SIDE, DRIVER .Seat Mounted., Outboard .Side -Impact Airbag 010 0. 16XDG AIR BAG,SIDE,.PASSENGER Seat Mounted, Outboard Side -Impact Airbag. 010 0 16XDH AIR BAG,.SIDE CURTAIN Roof Mounted, for Front.and Rear Outboard Seating. 0/0. 4: Positions for Driver and Passenger Sides 16XZA AIR CONDITIONER with Heater, Single Zone: 010 0 16VKM CAB INTE.RIGR TRIM Diamond, for Crew Cab 010 0 1ECEM COLOR, INTERIOR Dark Ash 010 0 16HLY GAUGE.CLUSTER English Speedometer., Includes English Odometer; Includes 010 0 4.2" Color Display with .Personalization, Warning Messages and Vehicle Information 168BA GLASS, ALL WINDOWS Solar Absorbing, Tint 010 0 16XAL KEYLESS ENTRY SYSTEM REMOTE with Panic Alarm and H..orn Beep Lock 016 0 Confirmation, Includes Two Key .Fob Transmitters 16ACC MIRROR, INSIDE: REARVIEW with Automatic Dimming 010 0 16SPT MIRRORS.0 Manual Folding and Extending, Power Adjust, Heated, Turn Signal 510 5. Indicator Located. in Mirror; Bright Heads and Arms, for 96" Load Width 16KVU SEAT, DRIVER High Back with Integral Headrest,:10-Way Power Adjustable, 010 0 Cloth, Power Lumbar 16LVP SEAT, TWO -MAN PASSENGER High Back with Integral Headrest in .Outboard 010 0 Position, Center Fold -Down Armrest with Storage, Cloth, with Recline 16KZB SEAT, REAR BENCH, Cloth. NO 0 16XCS SUN VISOR, INTERIOR.with `Illuminated. Mirror for Driver and Passenger Sides. 010 0 16XCT WINDOW, POWER (4).in Left and .Right Doors, Front. and Rear 010 0 1CGH FRAME RAILS High Strength Low Alloy Steel (50,000 PSI Yield), Straight Top 811121 202 Flange with Contoured Bottom,. Height Transitions from 7.375" .(187:325mmj:to 9.126" (231.775mm) to 7.625" (193,675mm); Width: 3,079" (78.21 mm),, Thickness: 0.3125" (7.94mm); 383.3" (9735.8mm.) Max .OAL . 1 LNZ BUMPER, FRONT Contoured. Steel;. Chrome Plated, for CV and RE Bus 010 0 3 Propose 1574-01 Page 236 of 634 INTERNATIONAL"' Vehicle Specifications April 28, 2023 2023 CV51.5 SFA (CV515) Cade Description FIR Wt Tot Wit (ibs) (.I.bs). 1 WND AF RANGE 50" (128cm) Through and Including 75" (190cm) 010 0 1 WEC. WHEELBASE RANGE 185" (470cm) Through :and Including 236"' (60.6cm) 10130 40 4240 BRAKE SYSTEM, HYDRAULIC {Bosch} Split System,. with Four Channel ABS, 0/0 6 Traction Control, Electronic Stability Control, Hydromax Brake Bboster with High Speed Master Cylinder and Traller.5way Control 4GBJ BRAKE, PARKING {Basch} DSSA Type, 12" x 3"t.for Hydraulic Brake.Chassis;.Foot 010 0 Operated. In Cab; Differential Mounted 4XCU BRAKES, FRONT.{Meritor Quadraulic) Hydraulic Disc Type, with Four 64mm 0/0. 0 Diameter Pistons, 8,000-lb Capacity 4EVD BUST SHIELDS, FRONT BRAKE for Hydraulic. Brakes 01. 0 4XCV BRAKES',. REAR .{Mentor Quadraulic} Hydraulic Disc Type, with Four 54mm 010 0 Diameter Pistons, 15,500-1b.Capacity per Axle 4EVE DUST SHIELDS, REAR.BRAKE for.Hydraulic Brakes 010 0 5P5S STEERING GEA.R:.{Basch S2 80.14 Plus} Power wo 0 5708 STEERING:CO..LUMN Tilting 010 0 5CBH STEERING WHEEL 4-Spoke; 1.5" Dia„ Black., Leather Wrapped wo 0 6DHD DRIVELINE.SYSTEM {Dana Spicer} SPL100 Main Driveline, Direct MauntTransfer 012 2 Case: to Transmission, SPL70 .Driveline to. Front Axle, for 4x4 7BLL EXHAUST SYSTEM Horizontal, Frame Mounted Right Side, Under Rail, for Single 010 0 Exhaust 7SDS ENGINE EXHAUST BRAKE for International 6.6 Engine 0/0 0 7XAA MANUAL REGEN Capability 0/0 0 8002 ELECTRICAL SYSTEM 12-Volt for CV Model 0/0 0 Includes HAZARD SWITCH Push On/Push-Off, Located on Top. of Steering.Column Cover HEADLIGHT DIMMER SWITCH Integral with Turn.Signal Lever PARKING LIGHT PARKING LIGHT Integral with Front Turn.Signal and Rear Tail Light TURN SIGNALS, FRONT. includes Reflectors and Solid State. Flashers; Flush Mounted WINDSHIELD WIPER:SVVITCH 27Speed with Wash and Intermittent Feature, Integral with Turn Signal Lever 8GJA. ALTERNATOR {Denso SC21 Brush Type, 12 Volt, 150. Amp Capacity 010 0 8VVB BATTERY BOX Steel, with Plastic Cover..2 Battery Capacity, Parallel to Rail; 28" 010 0 Wide, Mounted Left Side. Under Cab 8MVZ BATTERY SYSTEM {VARTA}: Maintenance -Free; (2) 1.2-Volt 1100CCA Total, Top 010 0 Threaded Stud 8XjV:CLEARANCE/MARKER LIGHTS (5) Amber LED Lights, Flush Mounted on Cab 010 .0 8RNS COMPAGTDISC PLAYER with MP3. 21Q 2 .8XJM HEADLIGHTS Halogen, Composite Aero Design, Chrome Trim Bezel,. with 010 0 Daytime Running Lights 8VAY HORN, ELECTRIC Disc Style 010 0 4 Proposal: 3574-01 .................. Page 237 of 634 INTERNATIONAL® Vehicle S ecifications April 28, 2023 2023.CV51.5 SFA (CV515) Code Description FIR Wt. Tot Wt (lbs) (lbs) BRNW RADIO AM/FM/BluetoothJUSB Input/Auxillary'Input/SD .Card Slot, with 8" Color 010 0 Touch Panel Display, Voice Activated Technology 8RNU SPEAKERS (6) 210. 2 8XJW STARTING MOTOR 12 Volt. 01.0 0. 8TUL STOP, TURN, TAIL & BIU LIGHTS Multi -Function, Sealed, .Incandescent Stop, 010 4 Turn and Tail. Lights, Backup Lights.with Rear Reflex Reflector, Includes License Plate Light 8XJP SWITCH,. AUXILIARY 1 toA Lathing Switches with 30-Amp Fuses 010 0 8HBW TRAILER. BRAKE CONTROL Integrated 1415. 19. 8TRA TRAILER .CONNECTION SOCKET Mounted at Rear of Frame, Wired for Turn -�218. 6 Signals Combined with Stop, Compatible with. Trailers with Combined Stop, Tail, Turn Lamps 9WAY FRONT END Tilting, Fiberglass, with Three Piece:.Construction 010 0 9WAC BUG SCREEN Mounted Behind Grille file 0 9WBN FENDER EXTENSIONS: Painted. 010 0 9HCG GRILLE Chrome, with Chrome Headlight Bezels 010 0 9AAB LOGOS EXTERI.OR.Model Badges: 010 0 10JPA CUSTOMER IDENTITY for Sourcewell wo 0 look PAINT SCHEMATIC; PT-1. Single .Color, Design.100 0/0 0 10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 010 0 10SLV PROMOTIONAL PACKAGE Government Silver Package 010 0 10XAW GVWR WEIGHT CLASSIFICATION Class 5 {16,001-19,500 Ibs] 010 0 158ZN FUEL TANK Top Draw, Plastic, Rectangular, 17" Tank Depth,.40. 05 Gal (151 L), 010 0 Includes:Auxiliary Draw Part and Fuel Filler Assembly, Mounted Between Frame Rails and Behind Rear Axle. 15WDZ. DEF TANK.6.75. U.S Gat (26L) Capacity, Frame Mounted Outside Flight Rail, Under olg 0 Cab 27DVT WHEELS, FRONT {Alcoa 76543) DISC; 19.5x6.75 Rims,. Mirror. Palish. Aluminum, -6210 -62 &Stud, 275mm BC, Hub -Piloted, Flanged Nut, with Steel Hubs 7779440101 (2) TIRE, FRONT 225170R19:5 Load Range G G647 RSS (GOODYEAR), 640 rev/ 410 4 mile; 87 MPH, All -Position 28DVT. WHEELS, REAR (Alcoa 76543) DUAL DISC; 19.5" Mirror Polish Aluminum Outer 0/-125 -125 Wheel and Steel InwWheel, 8-Stud..(275MM.BC) Hub Piloted, Flanged Nut;. Metric Mount, 6.75 Rims; with Steel Flubs 1779448.1.37 (4) TIRE, REAR.225170R19.5 Load Range:G FUEL MAX RTD (GOODYEAR), 643 018 .8 rey/mile, 87 MPH, Drive 29PBZ COATING IDENTITY, FRONT WHEELS (Alcoa. Dura=Bright XBRIEVO) Disc Front 010 0 Wheels, Aluminum, with Vendor Applied Treatment, Not for Wide Base 29PBY COATING IDENTITY, REAR WHEELS {Alcoa Dura-Bright XBWEVO} Disc Rear 010 0 Wheels,. Aluminum, with Vendor Applied Treatment, Not for Super Single/Wide Base 5. Proposal: 3$74-01 Page 238 of 634 INTERNATIONAL® Vehicle Specifications April 28, 2023 2023 CV515 SFA (CV515) Code Description FIR Wt Tot Wt (Ibs) {Ibs) Services Section: 40131 WARRANTY Standard for CV515, Effective with Vehicles Built December 3, 2018 010 0 or Later, CTS-3000A RVLjaNTRACT, EXT E istar} To 60-Month1100,000 Miles (160,000 0/0 0 km), Engine o e ram ational $.5 Powered Unit —dotal Component Weight: 54061 254 660 't"V/? A� �a `At Lt1 � l'� gDf�Q 6o,14d (Ibs) �Ibs) The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be different from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. R 6 Proposal: 3574.01 Page 239 of 634 0 International Trucks is pleased to provide you with this proposal compliant with all terms of the Sourcewell Vehicles and Chassis Contract 4060920-NVS awarded to Navistar, Inc for new Internationa€Truck- If you have any questions regarding enrollment in Sourcewell or detailed contract terms and conditions, please See your International Truck sales representative. PROPOSAL PREPARED FOR: PROPOSAL PREPARED BY: Sourcewell Member: City of Fayetteville (Sourcewell #34134) Rush Truck Centers Lowell Contact: Ross Jackson Ryan Lynch Address: 1525 Happy Hallow Rd city/State/Zip: Fayetteville, AR 72701 Phone: 479-879-6221 Email: riackson@f�etteville-ar.¢ov Proposal Number 3575 Date 5j1�2p23 Quantity of this Specification 1 Single Sourcewell Transaction Total Volume 2 Chassis New 2023 International CV515 Chassis $ 67,339 00 Base Chassis List $ 51,683.00 Options List $ 15,655,00 Sourcewell Contract Discount $ 6,000.0O $ {6,000.00) Volume Incentive $ - Freight $ 1,950.00 Raw Material Increase $ 3,500.OD Chassis Handling Fee (Limited to $1000� $ 1,000,00 Net Sourcewell Chassis Price $ 67,788.00 Sourcewell Partner Body 4.00% $ - Non-Sourcewell Dealer Supplied Body Nichols Reading Utility Body $ 26,739.00 $ Handling Fee 5.00% $ 1,336.95 Additional Post Build Work PD1/Locals $ 500.00 5 - Handling Fee 5.00% $ 25.00 Service Contracts ESC Warranty 40PNG Bumper to Bumper $ 3,974.00 S - $ Additional Frel ht Move from body builder $ t,500.O0 Additional Ftoorplan Body install $ 1,947.00 $ Additional Fees & Taxes S - $ $ Total Sourcewell Customer Price FOB Nichols Fleet Equipment $ 103,809.95 Additional Sourcewell Qu Customer Parts Credit - Fleet Charge only Silver Package Award Terms: Stock unit in dealer's inventory, dealer wil Sourcewell pricing quoted above. lified Content ]$200 SI,200 accept a final purchase order using the current ler placing a new orders for the Sourcewell Member, the purchase order cannot be ed up until the unit is slotted to build with a firm build date or I!neset. e a firm build date has been established, dealer will provide the Sourcewell Member 'oved pricing and a final purchase order can be accepted with firm pricing. er cannot guarantee bodies and/or equipment pricing added to the chassis For a turf until chassis is lines - Page 240 of 634 TRUCK CId EARS City of Fayetteville. 1525 Happy Hollow Rd Fagetteviile, AR 72101 Rush Truck Center; Lowell 807 5 Bloomington,St Lowell,.AR 72745 479-770-1235 Customer Proposal Letter Thank:you 'for trusting .us:with.your business. Please review.the proposal below, and if you approve, sign and return to us at your convenience, We lank forward to. working with you and will continue to do our best to earn your trust. nova nd in the future.. .�. t�; .�'r�LiiiLLi ,F-'•W�l�r7{'f Year 202a Make . International !Nadel „CV515 Stock #: TB❑ Serial # T813". Additional Vehicle Details: Service Body Package and accessories $26,739.00 Freight.frarn.body builder to Rush'$1,50t}.00 Quantity Total Truck Price pet Unit _ S 103,809.96 _ $ i 03:$09.95 F.E.T. (Factory & Dealer Plaid) ;$ 0,00 Net Sales. Price. $103,809.95 . $ 103,809.95 Optional Extended Warrantjr(ies) State Sales Tax Total Sales Price 1Q3 8Q9.95 $.103,809.95 Trade -Allowance (see DISCLAIMER Below) Deposit 1 Down Payment Unpaid 13alanoe Due .an:Delivery S 103,809:95 103 809.95 .c....-...a...-............_,-..�-....>.... .- ...:ill.....-..�..rw...................._ ........ - .. . Sales Representative Purchaser Accepted by Sales Manager or General Manager Quotegood Until'211512023 Billy Mathews Signature PrWM Name pate Signature Printed Name 1 Title Date signalure Printed Name {Tale Note:.The above Customer Proposal is a.quotation only. Sale:terms subject -to approval of Sales Manager of Realer. DISCLAIMER: Any. oiderba;ed tin this Pmpgsal:s subject* Customer executing Dealers slandard form Rattail Safes Order and dlher required docrimenls'incorpora4hg.the above terms- Any documentary.fees. FET, stale tax, title, registration andficense Ws subject to adjustment and change- This Proposal �si based upon Dealers current and expected invantory, which is subject to change. Daafe: is not obligated to rear my speck vehicles in stack, n& mai'maui speciric inventory levels. Cealer shall [cal he obligated to fulfill Prdposai in event quoted vehlde(s) is hol in.skck.pr avagabla within requested de&yery schedufe.11anulacturer has reserved the right to change the price to Dealer of any vehicle notcuriew) to Deafer's.stock,without notice to Dealer and Dealer resetres the dgh( td chawe.Oudtaiion Total to regedt arty pme. irareases irom htanufadtu{er. 4Nafer shall not be liable for any delay in pro*cing or inability to provide.4uated Vey iclet6].Aboye fisted Trade Uoe based upon current appr�isai of Trade VQhipe{a): Oealei may adjust 7iada.Vafue of Trade Yet+idelsj to reitect changas to bondilign audfor mileage of Trade Vehietpjsj between date of current appraisal and acceptance of She Trade Vehicle by Customer: ttr Includes dubscr wri period forty of specfied months_'' Customer's use:orfttishGare Swr .is governed by the Rttshaare User Agreement located at hips:fA�nnvrushIlvekcenters,raMrushcarc'useragreenenf,''' custorners use of 7efemetios Serviced is governed by separate.3" party license terms and Rush is not liable for the Temratics Service-'�t Gap Coverage is promded and administered by an independent 3" party. providai under a separate contract directly between customer ariche B" party provide:. . Page 241 of 634 INTERNATIGNAV Prepared For: CITY OF FAYETTEVILLE Jesse Beeks 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701- (479)575 - 8289 Reference ID: MH302564 May 02, 2023 Presented By: RUSH TRK CTR OF AR Billy Mathews 807 S BLOOMINGTON ST. LOWELL AR 72745 - 9667 (479)770-1200 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. Model Profile 2023 CV515 SFA (CV515) AXLE CONFIG: 4X4 APPLICATION: Service Body MISSION: Requested GVWR: 19500. Calc, GVWR: 19500. Caic, GCWR: 30000 Calc, Start I Grade Ability: 42.68% 12.88% @ 55 MPH Calc. Geared Speed: 103.2 MPH DIMENSION: Wheelbase: 199.00, CA: 83.80, Axle to Frame: 63.00 ENGINE, DIESEL: (International 6.6) EPA 2021, 350HP @ 2700 RPM, 700 lb-ft Torque @ 1600 RPM, 2900 RPM Governed Speed, 350 Peak HP (Max) TRANSMISSION, AUTOMATIC: (Allison 1760 RDS} 6th Generation Controls, Close Ratio. 6-Speed with Double Overdrive, with PTO Provision, Less Retarder, Includes Park Pawl, with 19,500-lb GVW and 37,500-lb GCW Max, On/Off Highway AXLE, FRONT DRIVING: {Dana Spicer 60-2561 Single Reduction, 7,500-lb Capacity, with Hub Piloted Wheel Mounting AXLE, REAR, SINGLE: fDana Spicer S14-110} Single Reduction, 13,500-lb Capacity, 190 Wheel Ends Gear Ratio: 4.30 CAB: Conventional 6-Man Crew Cab TIRE, FRONT: (2) 225/70R19.5 Load Range G G647 RSS (GOODYEAR), 640 rev/mile, 87 MPH, Ali -Position TIRE, REAR: (4) 225170R19.5 Load Flange G FUEL MAX RTD (GOODYEAR), 643 rev/mile, 87 MPH, Drive SUSPENSION, REAR, SINGLE: 13,500-lb Capacity, Vari-Rate Springs PAINT: Cab schematic 100CX Location 1: 9219. Winter White (Std) Chassis schematic NIA Proposal: 3575-01 Page 242 of 634 INTERNATIONALO Vehicle Specifications May 02,.2023 2023 CV515 SFA (CV515) Code Description. FIR Wt. Tat Wt: (Ibs) (Ibs) C.V515.00 Base Chassis, Model CV5.15 SFA with 199.00 Wheelbase, .83.80 CA, and 6100 467112886 7.557 Axle to Frame, 1ANB AXLE CONFIGURATION {Navistar} 4X4 010 0 Notes Pricing may change if-axIa configuration is changed. 12GAG. ENGINE,. DIESEL {International 6..61 EPA 2021,.350HP @ MO RPM, 700 lb-ft 010 0 Torque @ 1600 RPM, .2900 RPM Governed Speed;.350 Peak HP. (Max) Includes: GLOW PLUG Automatic with Indicator Light OIL FILTER, ENGINE Spin -On Type. 12XCU CARB EMISSION WARR COMPLIANCE for lntemational 6.6 Engines 010 0 12WZJ CARB IDLE COMPLIANCE Low NOx ldle Engine, Complies with California Clean 010 0 Air Regulations; Includes "Certified Clean Idle" Decal located on Driver Door 12VJP EMISSION, CALENDAR YEAR {International 6;6} EPA, OBD and GHG Certified 010 0 for Calendar Year 2023 12XZD RADIATOR Aluminum, 3-Row, Down Flow, Front to Back System, 730 Sqln 010 0 Louvered with 578 Sglh Charge Air Cooler; Includes .In -Tank Oil Cooler 12TTM FAN DRIVE Viscous Type, Screw% On; Rear Tether, Electronically Controlled 010 12VGC AIR CLEANER Single Element,.with Water Separator 010 0 12XBL BLOCK HEATER, ENGINE 120V1800VV 010 0 12WUU GOVERNOR Electronic Road Speed.Type; with.75 MPH Default 010 0 12WGG THROTTLE, HAND CONTROL Engine .Speed. Control for P7n; Electronic 010 0 Controlled, Oh1Off Switch Mounted on Dash, with Steering Whee1.8utton Control. 13BAR TRANSMISSION; AUTOMATIC (Allison 17,50 RDS) 6th Generation Controls, 010 0. Close.Ratio, 6-Speed with .Double. Overdrive, with PTO Provision;. Less Retarder,. Includes Park Pawl, with 1 %500-Ib GVW.and 37,5004.6CW Max, On1Off Highway 13WVV NEUTRAL AT STOP -Allison Transmission Shifts. to Neutral When Service Brake. is 010 0 Depressed and Vehicle is at Stop; Remains in Neutral Until Service Brake is Released 13XAK PTO LOCATION Customer lnfends-to Install PTO at Right Side of Transmission 010 .0 13WYY SHIFT CONTROL PARAMETERS {Allison) 1000 or 2000 Series Transmissions, 010 0. Performance. Programming 1.3TLP TRANSFER CASE.fMeritar MTC-3203}.2-Speed; Gear Drive, .3,000 lb-ft Torque 159129 188 Rating, Less PTO Provision, Electric Shift Control Notes .: Transfer Case Includes 40W Synthetic Lube. 14ACW AXLE,. REAR, SINGLE {Dana Spicer S14-110) Single Reduction, 13,500-Ih 010 .0 Capacity, 190 Wheel Ends. Gear Ratio' 4.30 14SAC SUSPENSION, REAR, SINGLE 131500-lb Capacity, Vari-Rate Springs 0160 60 2EWA AXLE, FRONT DRIVING{Dana Spicer 60-256) Single Reduction, 7;540-I.b. 15510 155 Capacity, with Hub Filoted-Wheel Mounting 2 Proposal..3575-01 Page 243 of 634 INTERNATIONAL' Vehicle Specific ations May 02, 2023 .2023 CV515 SFA. (CV515) Code Description FIR Wt Tot Wt (Ibs) (ibs) 2WLC. AXLE,. FRONT DRIVING, LURE (EmGard FE=75W-90) Synthetic..Oil; 1 thru 29.99 0/0 0 Pints 3AJN SUSPENSION; FRONT, SPRING Parabolic Taper Leaf, Shackle Type; 7,500-lb 3110 3.1 Capacity, with Shock Absorbers 16196 CAB Conventional 6-Man Crew Cab 3361230 566 Includes CAB DOOR LOCKS Power Door Locks All Doors ..DOME LIGHT,. CAB with OFFIDOORJQN Settings; Located in Overhead Console READING LIGHT, CAB Located in Overhead Console STEP (4) One 5tep.Per Door STORAGE POCKET, DOOR (2j Full Length.. Driver and Passenger Door 16XCP AIRBAG, FRONT, DRIVER SIDE Q1Q Q 16XCR AIR BAG, FRONT, PASSENGER SIDE 6/0 0 16XDE AIR BAG, SIDE, DRIVER SeatMounted,. Outboard Side -Impact Airbag Wo 0 16XDG AIR BAG, SIDE, PASSENGER Seat Mounted, Outboard Side -Impact Airbag 016 0 16XpH AIR BAG, 8IDE'CURTAIN Roof Mounted, for. Front and Rear Outboard Seating 010 0 Positions for Driver and Passenger Sides 16XZA AIR. CONDITIONER with Heater, Single. Zone 010 0 16VKM CAB' INTERIOR TRIM Diamond; for Crew Cab 6/0 6 16CEM COLOR, INTERIOR Dark Ash. 010 0 16HLY GAUGE.CLUSTER English: Speedometer, finciudes English .Odometer; Includes 010 0 4.2" Color Display with Personalization, Warning. Messages. and Vehicle Information 1.6BBA GLASS, ALL WINDOWS Solar Absorbing; Tint 010 0 16XAL KEYLESS ENTRY SYSTEM REMOTE.with.Panic Alarm and Horn Beep lock 010 .0. Confirmation, Includes Two Key Fob Transmitters 16ACC MIRROR, 1NS1DE.:REAR VIEW with Automatic Dimming 010 0 16SPT MIRRORS (2).Manual Folding and Extending, Power Adjust, Heated, Turn Signal 51.0 5 Indicator Located in,Mirror, Bright Heads and Arms, for 96".Load. Width 16KVU. SEAT, DRIVER High Back with Integral Headrest, 10-Way. Power Adjustable, 010 0 Cloth; Power Lumbar 1.6LVP SEAT, TWO -MAN PASSENGER High Back with. Integral Headrest in Outboard 010 .0 Position, Center Fold -Down Armrest with Storage, Cloth, with Recline 1.6KZB SEAT, REAR BENCH, Cloth Q!0 0 16XCS SUN VISOR, INTERIOR with lll.uriiinated Mirror for Driver and Passenger Sides 010 0 16XCT WINDOW, POWER (4) in Left and Right Doors, Front and Rear 010 0 1CGH FRAME RAILS High Strength Low Alloy Steel (50,000 PSI Yield), Straight Top 811121 202 Range with Contoured Bottom, Height Transitions from 7.375." (.187.325mrn) to. 91125" (23.1.775.mm) to.7.625" (193:675mm ); Width: 3.079" (78.21 mrn); Thickness: 0.3125" (7.94mm); 383:3" (9735.8mm) Max OAL 1 LNZ BUMPER, FRONT Contoured, Steel, Chrome Plated, for CV and REBus 610 0 3 Proposal: 3575-0.1 Page 244 of 634 IINTERNAT[ONAV Vehicle Specifications. May 92,.2023 2023 .CV515.SFA (CV515) Code Description FIR Wt Tot Wt (lbs) (Ibs) 1 WND AF RANGE 50" (128cm) Through. and Including 75" (:190cm) 010 0 1 WEC WHEELBASE RANGE 185" (470cm) Through and Includiing 236`' (600cm) 10130 40 4240 BRAKE SYSTEM,. HYDRAULIC:{Bosch} Split System, with Four Channel ABS, 014 .0 Traction. Control; Electronic: Stability Control, Hydromax Brake Booster with :High Speed Master Cylinder and Trailer Sway Control 4GBJ BRAKE, PARKING {Basch) €3SSAType, 12" x 3" for Hydraulic Brake Chassis; Foot 010 0 Operated in Cab; Differential Mounted 4XCU BRAKES, FRONT {Meritor .Quadraulic}. Hydraulic Disc Type, with Four.64mm 010 0 Diameter Pistons, ` ,000-Ib Capacity 4EVD DUST.SHIELDS,.FRONT BRAKE for Hydraulic Brakes 010 0 4XCV BRAKES,. REAR {Meritor Quadraulic} Hydraulic Disc Type, with Four.64mm 010 0 Diameter Pistons,.15;500-lb Capacity per Axle 4EVE DUST. SHIELDS, REAR BRAKE for Hydraulic. Brakes 010 0 5PSS STEERING. GEAR {Bosch S2 8014'Plus).Power 010 0 5108 STEERING COLUMN Tilting 010 0 5CBH STEERING WHEEL 4-Spoke- 15" Dia.,. Black, Leather Wrapped 010 0 6DHD• €7RIVELINESYSTEM (Danaspicer)SPL100 Main ❑rivellne, Direct. Mount Transfer 012 2 Case to Transmission, SPL70.Driveline to.Front.Axle; for.4x4 7BLL. EXHAUST SYSTEM Horizontal, Frame Mounted Right Side, Under Rail,. for Single 010 0. Exhaust 7SDS ENGINE. EXHAUST BRAKE for International 6..6 Engine 010 O 7XAA MANUAL REGEN Capability 010 0. 8002 ELECTRICAL SYSTEM 12-Volt for CV Model 010 0 Includes HAZARD SWITCH Push On/Push Off, Located on Top of Steering Column Cover :HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever PARKING LIGHT PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light TURN SIGNALS,:FRONT Includes Reflectors and Solid State Flashers; Flush Mounted WINDSHIELD :WIPER SWITCH.2.Speed with Wash and Intermittent Feature, Integral with Turn Signal Lever 8GJA ALTERNATOR,(Denso S.C.21 Brush Type,.12 Volt, 150 Amp Capacity 6/0 0 8VIIB BATTERY BOX:Steei, with Plastic Cover, 2 Battery Capacity; Parallel to Rail,:28" Wo 0 Wide, Mounted Left. Side. Under Cab 8MV7 BATTERY SYSTEM {VARTA) Maintenance=Free., (2) 12-Volt.11 OOCCA Total, Tap 010 0 Threaded Stud 8X.1V CLEARANCE/MARKER LIGHTS (5) Amber LED Lights, Flush Mounted on .Cab 010 0 8RNS COMPACT DISC PLAYER .with MP3 .210 2 8XJM HEADLIGHTS Halogen, Composite.Aero'Designj.Chrome Trim Bezel,.With 010 0 Daytime Running Lights 8VAY HORN, ELECTRIC Disc.Style 010 0 4` Proposal: 357MI Page 245 of 634 INTERNATIGNAV Vehicle Specifications. May 02,.2023 2023 CV515 SFA (CV515) Code Description FIR'Wt Tot Wt (Ibs) (Ibs) 8RNW RADIO AM.IFMIBIuetooth1USB Input/Auxiliary lnputlSD .Card S.I.ot; with 8" Color 010 0 Touch Panel Display,.Vvice Activated Technology 8.RNU SPEAKERS (6) 210 2 8xJW STARTING MOTOR 12 Volt 010 0 8TUL STOP., TURN, TAIL & B1U LIGHTS Multi -Function, Sealed, lhcandes4entStop,. 0/0 0 Turn. and Tail Lights, Backup Lights with Rear Reflex .Reflector, Includes License Plate. Light 8XJP SWITCH,. AUXI LIARY 1 to.4 Latching Switches. with 30-Amp Fuses 010 0 8HBW TRAILER BRAKE CONTROL Integrated 1Al5 19 8TRA TRAILER. CONNECTION SOCKET Mounted at Rear of Frame; Wired for Turn. -218 6 Signals Combined with Stop,. Compatible :with Trailers with Combined Stop, Tail, Turn tamps 9WAY FRONT END Tilting, Fiberglass; with Three Piece: Construction 010 0 9WAC BUG SCREEN -Mounted Behind Grille 010 0 9WBN. FENDER EXTENSIONS Painted 010 0 9HCG GRILLEChrome, with Chrome • Headlight Bezels 010 0 9AAB LOGOS EXTERIOR.Model Badges 010 .0 10JPA CUSTOMER IDENTITY for Svurcewell 010 0 10060 PAINT SCHEMATIC, PT-1 Single Color, Design.100. 010 0 10761 PAINT TYPE Base.Coat/Clear Coat, 1=2 Tone 010 0 10SLV PROMOTIONAL PACKAGE. Government Silver Package 010 0 1.OXAW G.VWR WEIGHT CLASSIFICATION Class 5. (16,001-1.9,500 Ibs) 010 0 15SZN FUEL TANK Top. Draw, Plastic, Rectangular, 17" Tank Depth, 40 US Gal (151L), 010 .0 Includes Auxiliary Draw Port and Fuel Filler Assembly, Mounted Between Frame (tails and Behind Rear Axle 15WOZ DEF TANK 6.75 US Gal (261_) Capacity, Frame Mounted Outside Right Rail, Under 0.10. 0 Gab 27DVT WHEELS, FRONT {Alcoa 76543} DISC; 19Zx6.75 Rims; Mirror Palish Aluminum, 6210 -62. 8-Stud, 275mm BC, Hub -Piloted, Flanged:Nut, with Steel Hubs 7719440101 (2) TIRE, FRONT 225170R19.5 Load Range G G647 RSS (GOODYEAR), 640 rev/ 410 4 mile, 87 MPH, All -Position 28DVT WHEELS,: REAR (Alcoa 765431 DUAL DISC; 19.5'' Mirror Polish. Aluminum. Outer 0Y-125 -125 Wheel and Steellnner Wheel, 8-Stud (275MM BC) Hub Piloted, Flanged Nut, Metric. Mount, 6.75 Rims;.with Steel Hubs 7779448137 (4) TIRE, REAR 225.176R19.5 Load Range.G FUEL MAX RTO (GOODYEAR), 643 018. 8 revlmile, 87 MPH, Drive 29P8Z COATING IDENTITY, FRONT WHEELS (Alcoa Dura-BrightXBR1EVO}.Disc.Front 610 0 Wheels, Aluminum, with Vendor Applied Treatment,. Not for Wide Base 29PBY COATING IDENTITY, REAR WHEELS {Alcoa .Dura-BrightXBR1EVO} Disc Rear 010 0 Wheels, Aluminum, with Vendor Applied Treatment, Not for Super SinglelWide Base 5 Proposal., 3575-01 Page 246 of 634 INTERNATIONAV Vehicle Specifications May 02, 2023 2023 CV515 SFA (CV515) Code Description FIR Wt Tot.Wt (Ibs) (lbs) Services Section: 40131 WARRANTY Standard for CV515, Effective with Vehicles Built December 3, 2018 .010 0 or -Later, CT5-3.000A 40PNG SRV CONTRACT, EXT ENGINE {Navistar} To 60-Month1100,000 Miles.(160,000 010 0 km), Engine and Chassis Coverage for International 6.6 Powered Unit Total Component: Weight: 5.40613254 8660 (Ibs) (lbs) 1, Nichols Reading .Utility Body 01.0 .0 Total Body Allied: 010 0 (lbs) (lbs) The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as hiariufactured :niay be different :from the. estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from.any differences between the .estimated Weight of.a vehicleand the actual weight. B Proposal: 3575-01 Page 247 of 634 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 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: RUSH TRUCK CENTERS - INTERNATIONAL RECYCLE BODY TRUCKS RECOMMENDATION: 2023-742 COUNCIL APPROVES A RESOLUTION TO PURCHASE TWO (2) 2024 INTERNATIONAL MV607 RECYCLE BODY TRUCKS FOR A TOTAL SOURCEWELL COOPERATIVE PURCHASING PRICE OF $499,990.56 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM RUSH TRUCK CENTERS OF LOWELL AR. BACKGROUND: Unit 4027 and 4028 are both 2016 Freightliner M2106 recycling trucks with a FASTER score of 12 points each. By summer of 2024 when both replacements are available, both units will be over their useful life. DISCUSSION: These units are both front line Recycle vehicles that are having increasing mechanical issues that cause intermittent service disruptions when they are down for repairs. It is essential to RTC's mission and essential trash and recycle collection that they be replaced in a timely manner to maintain service continuity. The Fleet Division recommends the replacement of both units. By approving these now, we are able to order them and begin having them built for FY24 delivery. BUDGET/STAFF IMPACT: Both units are budgeted for fiscal year 2024 replacement. Sufficient funds are currently within the budget to purchase them now. However, they will not be deliverable until Summer to Fall of 2024 and payment will not be made until delivery. Both units were approved at the May 9th Equipment Committee. ATTACHMENTS: SRF Kann Recycle Trucks, Recycle Truck Sourcewell Quote Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 248 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-742 RUSH TRUCK CENTERS - INTERNATIONAL RECYCLE BODY TRUCKS A RESOLUTION TO APPROVE THE PURCHASE OF TWO INTERNATIONAL RECYCLE BODY TRUCKS FROM RUSH TRUCK CENTERS OF ARKANSAS, INC. FOR THE TOTAL AMOUNT OF $499,990.56 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 approves the purchase of two International MV607 Recycle Body Trucks from Rush Truck Centers of Arkansas, Inc. for the total amount of $499,990.56 plus any applicable taxes and freight charges, and further authorizes the Mayor to sign the quote and any other documents necessary to effectuate the purchase. Page 1 Page 249 of 634 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-742 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/10/2023 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: COUNCIL APPROVES A RESOLUTION TO PURCHASE TWO (2) 2024 INTERNATIONAL MV607 RECYCLE BODY TRUCKS FOR A TOTAL SOURCEWELL COOPERATIVE PURCHASING PRICE OF $499,990.56 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM RUSH TRUCK CENTERS OF LOWELL AR. 9700.770.1920-5802.00 Account Number 02082 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 Recycling and Trash Vehicles Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,755,341.00 $ 1,026,534.11 728,806.89 $ 499,990.56 I � 228,816.33 Previous Ordinance or Resolution # Approval Date: V20221130 Page 250 of 634 International Trucks is pleased to provide you with this proposal campliantwith all terms of the Sou rcewelI Vehicles and Chassis Contract #060920- NVS awarded to Navistar, Inc for new International Trucks. If you have any questions regarding enrollment in Sourcewell or detailed contract terms and conditions, please see your international Truck sales representative. PROPOSAL PRFPARFn FnR' Sourcewell Member: City of Fayetteville {5ourcewel1 #34143) Rush Truck Centers Lowell Contact: Rosslackson Ryan Lynch Address: 1525 Happy Hollow Rd City/sfate/Zip: Fayetteville, AR 72701 Phone: 479.879-5221 Email: ri_acklie-ar.gvv Proposal Number 3626 Date 4�27�2023 Quantity of this Specification 2 Single Sourcewel l Transacti on Total Volume q Wms unit in deater's inventory, dealer will accept a frnaI purchase order using the current _well pricing quoted above. Ier placing a new orders for the Sou rcewell Member, the purchase order cannot be ad up until the unit is slotted to build with a firm build date or lineset. ea firm build date has been established, dealer will provide the Sou rcewelI Member roved pricing and a final purchase order can be accepted with f rm pricing. lerCannotguarantee bodies and/or equipmentpricingadd ed to the chassis fora turnkey until chassis is lineset. 5ourcevMl F40 Awarded Contract t Page 251 of 634 7TRUFCKCENTEM City of Fayetteville AR Rush Truck Center, Lowell 807 $ Bloomington St Lowell, AR 72745 479-770-1235 Customer Proposal Letter Thank. you for trusting us with your business. Please review the proposal below, and. if' you: approve, sign and return.to usat your 'convenience. We look forward to working with .you acid will continue to. do our best to earn your trust now and in the future. ECG .-A u "':CG �' `•"']�i.z i:Cr ;'�,�<` 'CG e � _;Cr''•: rri _....n .5.t,. .. ." !".�:,rriz.."...r.r.....•.4.u...:.Y.:.: . Y • �'x.':' ..y'... :1'�. . _vi � .a-'x^ s_�;' � :.•Y::x r".v"'z• ; .•-a--:s^r"wvi ; .y� � + - Sticr. - 4s i': - jY.r. - �isL'r: _ sly:✓, . ='yt�:. _'��:✓ ='J ✓:Y;,.���b.. � 1! �J✓ . ).. i'J� _. J.. Year 2024 Make. International Model MV607 r Stock # 5 TBa Serial # " TBD:> Quantity 2 Truck Price per -Unit $ 249,995.28 F.E.T. {Factory 4 Dealer Paid) $ 0;00 Net Sales. Pdce 249,995,28 Option al. Extended Warranty(ies) State Sales Tax Total Sales Price $ 249,995.28 Trade. Allowance (see DISCLAIMER Below) Deposit 1 down Payment Unpaid Balance true on Delivery I 24g.g95.28 Total $ 499,990.56 $A99,990;56 $ 499,990.56 499 990.56 ..-.r .. .. ......v.....-i...-.-.v-,1 ...1. 1.w........r......_..-..-.-.... ...1:,......<-..<..s.............-...�-. 1.r.3,;..w.. <... ....--.v.':=L:�::.��.--,.....x...-x..-,._.._s......,1=-....,:S:i�....--_.......ic..�..��:...k. �:5��. Sales Representative Billy Mathews Signature Printed Name -- _ Date Purchaser sigrialure Accepted by Sales Manager or General Manager Sd nature fled Name; Tilie. pate Printed Name. Date unti1.511912023 Nate: The above Customer Proposal is a.quotation only. Sale. terms subject to:approval .of $aIes: Man ager of Dealer. 'DISCLAIMERS: Any order based.ou this Proposal is sub;ecttb Costumer axecubng Dealers standard form Retail Sales Order and ntherrequced dowrinerits Mcorpdrating the above terms. Any docunwritaryfees; FET. state tax; title; ragistratkn. and fcense feessuhject in adjustment and change. lids Proposal is based upon. Dealer's cmant and expected nintory. which is subject to. change. ngaler is not obligated to retain'any spedfrc vehicles m etock. ra mairitam specific anvarno y levels. Dealer shalt not be ohNafed b ME! Proposal In avant quoted vehicdejQ is ndl in stock or avaibblB within requested defvery.schedule. Manulacturprheis.rassved the.nghtto, change the price to Oealerof any vehicle riotcurrenVy In Deals stock..vnthout notice to Dealer .and Oealerreserves the right to change. Quotation Total to Aect any pncelncreams from Manurkturer.063lershall not tie liable far any delay In providing or.�aLifiyta. prdvideAtidve, lisled Trade Vague based upon Current apprarsal al Trade Vehicfejai. pealermay adjust Trade Vale of Trade Vehicleo to reflect changes in condition ardor mileage o€Tiede Vehicle{s} between dam of current appraisal end aoreptano of the Trade Vehid. by Customer, indudes subs Ipflort period for# orspecined months.'zrCusldmers use of RushCare Service is governed by the RushCare ffserAgreement located at hdps;!Mtivw�ushtruckcenlers.earn+nlshcare rsei-agn:einenl. wCustome>'s ilse of Tejenealics. Serv"5 is govened by separate 3" parry license temu and Rdsh is not gaffe fpr.ih6 Teiemaks Service. `'`. Gap Coverage is.prov.'ded and admiMstered by an independent V party provider pn,*,i separate contracldoectly heiween Customer and the 3`P parry provider. Page 252 of 634 INTERNATIONAL"' Prepared For: CITY OF FAYETTEVILLE Ross Jackson 113 WEST MOUNTAIN FAYETTEVILLE, AR 72701- (479)575 - 8289 Reference ID: KANN May 02, 2023 Presented By: RUSH TRK CTR OF AR Billy Mathews 807 S BLOOMINGTON 5T. LOWELL AR 72745 - 9667 (479)770-1200 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I Iook forward to serving your business needs. Model Prof le 2024 MV607 SBA (MV607) AXLE CONFiG: 4X2 APPLICATION: Recycler MISSION: Requested GVWR: 31000. Calc. GVWR: 31300, Calc. GCWR: 50000 Calc. Start 1 Grade Ability: 51.94% / 3.05% @ 55 MPH Calc. Geared Speed: 76.7 MPH DIMENSION: Wheelbase: 256,00, CA: 188,90, Axle to Frame: 75.00 ENGINE, DIESEL: {Cummins B6.7 325} EPA 2021, 325HP @ 2400 RPM, 750 lb-ft Torque @ 1800 RPM, 2600 RPM Governed Speed, 325 Peak HP (Max) TRANSMISSION, AUTOMATIC: (Allison 3500 RDS) 6th Generation Controls, Wide Ratio, 6-Speed with Double Overdrive, with PTO Provision, Less Retarder, Includes Oil Level Sensor, with 80,000-ib GVW and GCW Max, On/Off Highway CLUTCH: Omit Item (Clutch & Control) AXLE, FRONT NON -DRIVING. {Meritor MFS-12-122AI I -Beam Type, 12,000-lb Capacity AXLE, REAR, SINGLE: {Dana Spicer S23-172D} Single Reduction, 23,000-lb Capacity, Driver Controlled Locking Differential, R Wheel Ends Gear Ratio: 5.57 CAB: Conventional, Day Cab TIRE, FRONT: (2) 255170R22.5 Load Range H AH37 (HANKOOK), 562 revlmile, 75 MPH, All -Position TIRE, REAR: (4) 255170R22.5 Load Range H AH37 (HANKOOK), 562 revlmile, 75 MPH, All -Position SUSPENSION, REAR, SINGLE: 23,500-lb Capacity, Vad-Rate Springs, with 4500-lb Capacity Auxiliary Rubber Springs PAINT: Cab schematic 100WP Location 1. 9219, Winter White (Std) Chassis schematic NIA Proposal: 3626-01 Page 253 of 634 INT RNATIONAv Vehicle SRecificatiorts. May 02, 2023 2024. MV607 SBA (MV607) Cone. Description_ . F1R Wt Tot Wt (Ihs) (lbs) MV60700 Base Chassis, Model MV607 SBA with 25&00 Wheelbase, 188.90 CA, an.d:75.00 5354/2174 8.128 Axle to Frame. 1ANA AXLE CONFIGURATION {Navistar}.4x2 010 0 Notes Pricing may change if axle configuration is changed: 12ERM ENGINE, DIESEL {Cummins 136 7:325) EPA 2021, 325HP @ 2400 RPM, 750. lb -it 0/0 0 Torque @ 1800 RPM, 2600 RPM Governed:.Speed, 325 Peak -HP (Max) 12XCS CARB EMISSION WARR COMPLIANCE. Federal, Does. Not Comply.with CARB 010 0 Emission Warranty 12WZE CARB IDLE COMPLIANCE Federal, Does Not Comply with California Clean. Air 0/0 0 Idle Regulations 12VJG EMISSION, CALENDAR YEAR (Cummins: B6.7) EPA, ABCs and GHG Certified for 010 .0 Calendar Year 2023 12XCE RADIATOR Aluminum, 3-Row, Down Flow, Front to Back .System , 738 Sqin .010 0 Louvered; with 477 Sqln Charge Air Cooler, Includes..ln-Tank Oil Cooler 12THT FAN :DRIVE {Horton Drivemaster} Two -Speed Type, Direct Dnve..with Residual. 111-1 10 Torque Device for Disengaged Fan Speed Includes : FAN Nylon 12V.CE AIR CLEANER Singie.Element, Fire Retardant Media .010 0 12703 ANTI -FREEZE Red, Extended Life Coolant; To -40 Degrees.F1-40 Degrees C, 010 0 Freeze Protection 12849. BLOC1C.FiEATER, ENGiNE'12UV11000W; far Cummins. ISBI.B6.711SUL0 Engines 310 3. lncludes BLQCK.H EATER SOCKETReceptacle Type; Mounted below. Drivers. Door 12XBM ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring: for Body 010 0 Builder Installation of PTO Controls and Starter Lockout, with Ignition Switch Control, for Cummins. B6.7 and L9 Engines 12WPV. OIL PAN 15 Quart Capacity, For.Cummins ISB1B6,7 Engines 010 .0 12VXT THROTTLE, HAND CONTROL Engine Speed Control; Electronic, .Stationary, 01.0 0 Variable Speed, Mounted on Steering Wheel 1`2EMZ VENDORWARfRANTY, ENGINE {Cummins). B6.7 Engine, 3-YearUnlimited.Miles 010 0 Standard Warranty 13BDR. TRANSMISSION, AUTOMATIC {Allison 3500 RDS} 6th Generation Controls, Wide 240143 283: Ratio, 6=Speed with ❑ouble Overdrive, with PTO.Provision,.Less Retarder, Includes Oil Level Sensor, With 80,000-lb GVW and GCW Max; On/Off Highway 13WU.! ALLISON SPARE INPUT/OUTPUT for Rugged Duty Series (RIDS}, Front Loaders. 010 ❑ Rear Loaders, Recycling/Packer Trucks, Package Number 142 13AAZ AUTOMATIC NEUTRAL Allison 300.0.& 4600 Series Transmission Shiits.to Neutral 0/0 0 When Parking Brake is Engaged 13WVV NEUTRAL AT.STOP Allison Transmission Shifts to Neutral When. Service Brake is 010 0 Depressed and Vehicle is at Stop; Remains in -Neutral Until Service Brake ..is Released 2 Proposal: 3626-01 Page 254 of 634 IHTERNATIONALW Vehicle. Specifications May 02, 2423 2024 MV607 SBA.(MV607) Code Descripfion FIR Wt. Tot Wt (lbs) (ias) 13XAA PTO CONTROL, DASH MOUNTED For Customer Provided. PTO; Includes Switch, 310. 3 Electric/Air Solenoid, Piping and Wiring 13XAL PTO LOCATION Customer Intends to Install PTO at Left Side of Transmission 010 0 13WYU S.HIFT.CONTROL PARAMETERS {Allison) 3000 or 400.0 Series Transmissions, 010 0 Performance Programming 13WLP TRANSMISSION OIL Synthetic; 29 thru 42 Pints 010 0 13WBL TRANSMISSION SHIFT CONTROL (Allison) Push -Button,. for Allison 3000 & 4000 010 0 Series Transmission 11601 CLUTCH Omit Item (Clutch & Control) 0/0 0 14AWK AXLE, REAR, SINGLE {Dana Spicer S23-172D) Single Reduction, 23,000-16 01349 349 Capacity, Driver Controlled Locking Differential, R Wheel Ends.. Gear Ratio: 5.57 14VAH SUSPENSION, REAR, SINGLE 23,500.lb Capacity, Varl-Rake Springs, with 4500= 0165 .66. !b Capacity Auxiliary Rubber Springs. 2ASC. AXLE; FRONT NON-aRIVING.(Meritor MFS-12=12M) I -Beam Type, 12,000-16 4210 42 Capacity 3ADC SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 12,000-lb 361.0 36 Capacity, with Shock Absorbers Includes SPRING PINS Rubber Bushings, Maintenance -Free 3770 SPRINGS, FRONTAUXILIARY Rubber 1010 10 16030 CAB Conventional, Day Cab 010 0 Includes CLEARANCE/MARKER LIGHTS (5) Flush Mounted 16VBU ACCESS, CAB Steel, Driver & Passenger Sides, Two Steps per Door, for use with 614 10 Day Cab, Steps Mounted Independently to Frame on Passenger Side: 16VKB CAB INTERIOR TRIM Classic, for Day Cab 010 a .Includes :.CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets, Retainer Nets and CB Radio Pocket; Located Above Driver and: Passenger DOME LIGHT, CAB Door Activated and. Push On -Off at Light Lens, Timed Theater Dimming, integral to Overhead Console, Center.Mounted SUN VISOR (2) Padded Vinyl; 2:Moveabie .(Front4o-Side) Primary Visors, Driver Side with Toll Ticket Strap 1:6XCW CAB', INTERIOR TRIM, CLOSEOUT Under 1P, Driver Side 010 0 16VLM CAB REAR SUSPENSION Rubber Suspension, .for Low Cab. Height 010 0 16VEX CONTROLS, CENTER PANEL Includes Ignition Switch, Headlights and: Power 010 0 Mirror Controls Located in Center Panel 16WLS FRESH AIR FILTER Attached to. Air intake Cover an Cowl Tray in Front of 110 1 Windshield Under Hood 16GED GAUGE CLUSTER Base Level; English with English Electronic Speedometer 010 0 Includes GAUGE CLUSTER DISPLAY: Base Level (3" Monochromatic Display), Premium Level (5" LCD Color Display); Odometer, Voltmeter, Diagnostic Messages, Gear 3 Proposal....362641 Page 255 of 634 INTERNATIONAL"' Vehicle .5 eciifications May 02, 2023 2024. MV607 SBA (MV607) Code Description FIR Wt Tot Wt. (Ills) (Ibis) Indicator, Trip Odometer, Total Engine Hours, Trip Hours, MPG, Distance to Empty! Refill for GAUGE CLUSTER Speedometer, Tachometer, Engine Coolant Temp, Fuel Gauge;. DEF Gauge, Oil Pressure .Gauge, Primary and Secondary Air Pressure or Auxiliary Air Pressure: (if Air: Equipped) WARNING SYSTEM Low Fuel, Law DEFT Low Oil.Pressure, High Engine Coolant. Temp, Low Battery Voltage (Visual and Audible), Low Air Pressure; Primary and Secondary (if Air Equipped) 16HGH GAUGE, OIL TEMP, AUTO TRANS for Allison -Transmission 110 1 1GBAL HEATER. 010 0. 1.6XJN INSTRUMENT PANEL Flat Pans 010 4 16HKT IP CLUSTER DISPLAY On Board..DOgnostics Display. of Fault Codes in Gauge 610 0 Cluster 16SSS MIRRORS (2).C-Loop,. Power Adjust, Heated, Turn Signals, LEIS Clearance Lights; 010 0 Bright. Heads a.nd:Arrns., 7" x 14.5" Flat Glass, Includes 8":x 6" Convex Mirrors, for 96" Load Width Notes Mirror Dimensions'Eire Rounded to the Nearest 0,5" 16VCC SEAT BELT All Orange; 1. to 3 010 0 16JNT SEAT, DRIVER {National 2000}.Air.Susp.e.nsion, High Back with Integral Headrest, =151-3 -18 Vinyl,, Isolator, 1 Chamber Lumbar, with 2 Position Front. Cushion Adjust, -3 to +14 Degree Angle Back Adjust 164.00 SEAT;; PASSENGER. Omit Item 010 0 16XCK WINDOW,. MANUAL (2) and. Manual Door Locks, Left and Right Doors 010 0 1 CAG FRAME.RAILS Heat Treated: Alloy Steel (120,000 PS] Yield);'10.2W' x 3.610" is 3b21524 826 0.375" (260Arnm x 91.7mm x 9.5mm); 456.0"'(11582mm) Maximum OAL 1WRN BRACKET, CAB MOUNT Heavy Duty 15f2 17 1 LNG BUMPER., FRONT Contoured,. Steel; Painted Gloss Black 010 0 1570 TOW HOOK, FRONT .(2) Frame Mounted 810 8 1 WEK WHEELBASE RANGE 256" (650cm) Through and .Including 311" (790cm) 4161-416 0 4091 BRAKE SYSTEM, AIR. Dual System for Straight Truck. Applications -371-13 .-50 Includes BRAKE LINES Color and Size Coded Nylon DRAIN VALVE T)i Mt -Type GAUGE, AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located in. Instrument Cluster PARKING BRAKE CONTROL Yellow Knob,16cated on instrument Panel PARKING. BRAKE VALVE For Truck :..QUICK RELEASE VALVE On .Rear Axle for Spring Brake Release: 1 for 4x2,.:2 for 6x4 :SPRING BRAKE MODULATOR VALVE R-7 for 4x2, SR-7 with relay valve for 6x418x6 4AZJ AIR BRAKE ABS (Bendix AnMock.Brake System} 4-Channal (4.Sensorl4 411 5 Modulator). Full Vehicle Wheel. Control System, with Automatic Traction.. Control .4GBM BRAKE, PARKING Manual Push -Pull Pneumatic Parking. Brake 110 1 4 Proposal: 3626-01 Page 256 of 634 INTERNATIONAL" Vehicle Specifications May02, 2023 2024 MV607 SBA (MV607) Cade Description FIR Wt. Tot Wt. (Ibs) {Ibs.} 4XCJ BRAKES, FRONT {BendixSpicer ADB22x} Air Disc Type, Extended Service, Size.: 14710. 14.7 22 5", 23,000-lb Capacity. 4XDV BRAKE CHAMBERS, FRONT AXLE'14. Sgln,.for Air Disc:Brakes 1210. 12 4WJJ DUST SHIELDS, FRONT BRAKE Rotor, with Air Disc Brakes: 510 5 4XCK BRAKES; REAR{Bendix SplcerAD13.22X} Air Disc.Type, Extended. Service,Size. 011.43 143. 22.5",.26,00.0-lb Capacity per Axle: 4XDZ BRAKE CHAMBERS, REAR AXLE 16/24.Sgln Spring Brake, Double Diaphragm., 0130 30 for Air Disc Brakes 411WJL OUST SHIELDS, REAR BRAKE .Bator, with.Air Disc Brakes 015. 5 4SPA. AIR COMPRESSOR.(Cumroins) 18.7 CFM. 3711 38 4EDN AIR DRYER (Bendix AD-9S1) with Heater,. Includes. Safety Valve. 181-1 17 4VLE AIR DRYER LOCATION Mounted Inside Engine Compartment;.Right.Side 010 0 4VKJ AIR TANK LOCATION (2)Mounted Under Battery. Box, Outside1eft Rail, Back of 37120. 57 Cab, Perpendicular to Rail 4732 DRAIN VALVE (Berg) with.Pull Chain, for Air Tank 010 0 5PSA STEERING GEAR (Sheppard M100) Power 251-3 .22 5708 STEERING COLUMN Tilting 151.1 1.6 5CAW STEERING: WHEEL 4-Spoke, 18" Dia., Black 010 0 6DGL ❑RIVELINE SYSTEM .{Dana Spicer} Service Free SPL170., for4x216x2 5133 38 7BME EXHAUST SYSTEM Horizontal Aftertreatment System, Frame Mounted Under 010 0 Right Rail Back of Cab, Includes Single Short Horizontal Tail Pipe 8000. ELECTR€CAL..S.YSTI~M .12-Volt; StandardEquipment. 010 0 Includes DATA LINK CONNECTOR For Vehicle Programming and Diagnostics. In Cab HAZARD SWITCH Push OnIPush Off, Located.on.Instrument. Panel to Right of Steering Wheel HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light STARTER SWITCH Electric, Key Operated STOP, TURN, TAIL & B1U LIGHTS. Dual.,. Rear,..Combination with Reflector TURN SIGNAL SWITCH Self-Cancelling.forTrucks, Manual Cancelling for Tractors, with Lane Change Feature TURN SIGNALS; FRONT Includes Reflectors and Auxiliary Side Turn .Signals; Solid State Flashers; Flush Mounted : WINDSHIELD WIPER SWITCH 2-Speed wltYi Wash -arid Intermittent Feature (5 Pre -Set Delays), Integral With Turn Signal Lever WINDSHIELD WIPERS Single.Nlotor, Electric, Cowl Mounted WI RING,. CHASSIS Color Coded. and Continuously Numbered 8WXD ALARM,. PARKING BRAKE Electric Horn Sounds in Repetitive Manner When 010 0 Vehicle Park Brake.. is "NOT" Set, -with Ignition "OFF" and. any Door Opened 8GXD ALTERNATOR ILeece-Neville AV1160P2013) Brush Type;.1.2 Volt, 160 Amp 010 0 Capaclty.: Pad: Mount, with Remote Sense 8RPR ANTENNA for Increased Roof. Clearance Applications 110 1 .5 Proposal.: 3626-01 Page 257 of 634 INTERNATIONAL" Vehicle. Specifications May 0212023 2024 MV607 SBA (MV607) Code Description F/R Wt Tot Wt (Ibs) (lbs) 8VUL BATTERY BOX Steel, with Plastic Cove.r,18" Wide, 2-4 Battery Capacity, Mounted =6114 8 Left Side Back of Cab. 8MSG BATTERY SYSTEM {Fleetrite). Maintenance -Free; (3)12-Volt 198OCCA Total; Top 35118 53 ThreadedStud 8HAB BODY BUILDER WIRING Back. of Day Cab. at Left Frame or Under Sleeper, 2l0 2 Extended or Crew Cab at Left Frame; Includes Sealed Connectors for Tail/Amber Turn/Marker! Bac ku plAcce sso ry PowerlGround and Sealed Connector for Stop! Turn 8RNG CB RADIO. Accormr4odatiori.Package, Header M.aunte.d,.Feods from Accessory. 3712. 39 Side of Ignition Switch, Includes Powe.rSource, Two Antennas and Antenna Bases with Wiring. on Both Side Mirrors 8XAH CIRGUIT BREAKERS Manual -Reset (Main Panel) SAE Type M with Trip 0/d. 0 Indicators, Replaces All Fuses 8WPH CLEARANCE/MARKER LIGHTS.(5).{Truck Lite} Amber:LED Lights, Flush 110 1 Mounted on Cab or Sunshade 8XPB HEADLIGHTS LED, with Daytime Running Lights .310 3 8WRB HEADLIGHTS ON WIWIPERS Headlights Will Automatically Turn -on if Windshield 0/0. 0. Wipers:are turned on 8XHN HORN, AIR Single Trumpet, Black, With Lanyard Pull Card 310 3. 8540 HORN, ELECTRIC (2) Trumpet Style. 01ff 0 8WW,3 INDICATOR, LOW COOLANT LEVEL %ith.Audible.:Alarm 010 .0 8718. POWER SOURCE Cigar Type Receptacle without Plug and Cord 1/0 1 8RPS RADIO AMIFM/WB/(;locklBluetooth1USB Input/Auxiliary Input 310 3 8RMV SPEAKERS (2) 6,5" Dual Cone Mounted in Doors 510 5 8WTK. STARTING MOTOR jDelco Remy 38MT Type 300) 12 Volt,. Less Thermal Over- 8l0 8 Crank Protection 8WPZ TEST.EXTERIOR LIGHTS: Pre. -Trip Inspection will Cycle:all Exterior. Lamps Except: 010 0 Back-up' Lights 8VZK TURN SIGNALS.; FRONT Dual Face, LED, Amber/Red, Mounted on Top of Fender, .010 0 Used with Standard Plush Mounted Pront Turn Signal, Side Marker Lamps, Parking. Lights. and Reflectors.. 8TAD VIDEO CAMERA WIRING Pre -Wire Only, for D.riveCarn Driver Monitoring System; 610 ❑ B a tteryl 1 gn ition Power and Vehicle Data Provided for InstaIter, Located in'Center Panel, for Use with DC3P Camera 8WGL WINDSHIELD WIPER SPD CONTROL Force Wipers to -Slowest Intermittent Speed NO 0 When Park Brake. Set and Wipers Left on for a Predetermined. Time 8WKR. WIRING, FEEDER DATA TERMINAL Cab Wiring for "Feeder Data Terminal" FDT 010 0 System; Includes Extra.9=Pin Dia..0nosticCon nector Located Behind the Instrument Panel 9WBW FRONT END Tilting, Fiberglass., with.Three Piece Construction, Dual Air Intakes 010 6 9WBZ BUG SCREEN Mounted Behind Grille and Bumper Grille 510 5 9WBN FENDER EXTENSIONS Panted d10 0 6 Proposak .3626-01 Page 258 of 634 INTERNATIONAV Vehicle Sgec€fica#ions May 02, 2023 2024 MV607 SBA (MV607) Code Description FIR Wt .Tot Wt (Ibs) (Ibs) 9HCY GRILLE Molded in Black,.w.ith Chrome Surround 010 .0 9AAB LOGOS EXTERIOR. Model Badges 010 0. 9AAE LOGOS EXTERIOR, ENGINE Badges 010. 0 10AGB COMMUNICATIONS MODULE Telernatics Device with Over the Air Programming; 010 0 Includes Five Year Data Plan and International .360 10JPA CUSTOMER IDENTITY: forSou.rcewell 010 0 10RHE DUAL DRIVE.Customer Intends to..Convert to In -Cab Dual Drive Positions 010 0 108AE LABEL, DEF "DEF ONLY" 010 0 10060 PAINT.SCHEMATIC, PT-1 Single.Color. Design100. 010 0 Includes : PAINT. SCHEMATIC ID LETTERS"WP" 10161 PAINT TYPE Base CoatlClear Coat, 1-2 Tone 010 0 105LV PROMOTIONAL PACKAGE Government Silver Package 010 0 1 oWCY SAFETY TRIANGLES 610. 6 1.5SRE FUELTANKTop Draw, Non -Polished. Aluminum, D-Style., 19"Tank Depth, 50 US 23/6 29 Gal (I89L), Mounted Left :Side, Under Cab 15WOG DEF TANK 7 US Gal (26L) Capacity;. Frame Mounted Outside Left Rail,. Under Cab 010 q 15LMN FUEUWATER:.SEPARATOR {Racor400. Series;} 12.VDC Electric Heater, Includes. -310. -3 Pre -Heater, with Primer Pump, Includes Water -in -Fuel Sensor 15LRE LOCATION FUELIWATER SEPARATOR Mounted Under Hood, Left Side, Above 010 0 Front Axle 27DWP WHEELS, FRONT {Maxion F22.53449}. DISC; 22,5x8.25 Rims, Painted Steel,.5- 210 2 Hand Hole, 10.=Stud, 2.8575mm BC, .Hub-Piloted,.Flanged Nut, with A90" Thick Increased Capacity Disc and Stee€ Hugs. 7752525809 (2) TIRE, FRONT 255/70R22;5 Load Range H AH37 (HANKOOK); 562 revlmlle, 010 0 75 MPH,.AII-Position 28DWP WHEELS, REAR [Maxion F22.53449} DUAL DISC; 22.5x8.25 Rims; Painted.Steel, 014 4 5-Hand Hole,.10-Stud,.285.75mm BC, Hub -Piloted, Ranged Nut, with ..490" "thick Increased Capacity Dlsc and Steel Hubs 7752525809 (4) TIRE, REAR 255UOR22.5.Load Range H AH37 (HANKOOK);.562 revlmile, 75 010 0 MPH, All -Position 29PAR PAINT IDENTITY, FRONT WHEELS Disc Front -Wheels; with Vendor Applied 010 0 White.Powder Coat Paint 29.PAS PAINT -ID ENTITY, REAR WHEELS Disc Rear Wheels; with'Vendor Applied White 010 0 Powder Coat Paint 60AAG BOY INTG, REMOTE POWER MODULE Mounted Inside Cab Behind Driver Seat, 010 0 Up to B Outputs.&6 Inputs, Max.20.amp:per Channel,. Max 80 amp Total.; Includes 1 Switch Pack with Latched Switches Services Section., .T Proposal: 3526-01 Page 259 of 634 �� INTERNATI©NALO Vehicle Specifications. May.0.2, 2023 2024E MV60.7 SSA (MV607) Code Description FIR Wt TotWt (lbs) (Ibs.) 40129 WARRANTY. Standard.. for MV Series; Effective with Vehicles Built July 1,.2017 or 010 ❑ Later, CTS-2020A 40VHC SRV CONTRACT,. EXT CMS ENGIAFTR.{Cummins) To 60-Month/150,000 Miles 010 ❑ (240,000 km), Extended Cummins.B6.7 Engine Coverage, Protection Plan Land Aftertreatment, (Truck AppiicMion Only) 40TVY SRV CONTRACT, EXT ALLISGN XMSN.{Allison} To 60-Month/Unlimited.Mil.es/ 010 0 km, for Allison 3500 RIDS with Refuse Packer Vocations (ST15, ST16) 40PTP SRV CONTRACT, EXT VEH .COVERAGE. {Navistar} To 36-Month1200,000 Miles. ❑10 0 f320,000 km), Excludes Extended Warranty for Engine: and Transmission Total. Component Weight: 6828/3603 16431 (Ibs) (Ibs) (Ibs) (Ibs) Kann Manufacturing Re..cycle Body 0/0 ❑ Fontaine,- RH Standup Chive Cab Conversion 010 0 Total. Goods Purchased, 0/0 0 The weight calculations included in this: proposal. arean estimate of future Vehicle weight..The actual weight as manufactured may be different from the estimated: weight. Navistar,.Inc. shall :not be liable for any consequences resulting from any differences between the estimated. we! ght.of a vehicle .and .the actual weight. 8 Proposal: 3626-01 Page 260 of 634 CITY OF POW, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-782 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Arkansas Department of Transportation - Highway 16 Utility Relocation Agreement RECOMMENDATION: Staff recommends approval of a Utility Relocation agreement with the Arkansas Department of Transportation related to the Highway 16 East widening project, ARDOT Project 040785. BACKGROUND: The Arkansas Department of Transportation has requested utility relocations to prepare for the widening of Highway 16 from Stonebridge Road to E. Roberts Road. The water and sanitary sewer relocations for this project are estimated to cost approximately $4,739,746.08, subject to public bidding. The relocations are estimated to be 42.49% reimbursable to the City of Fayetteville by ARDOT. Based on the estimated cost, this would result in ARDOT funding $1,449,107.91 and the City of Fayetteville $3,290,638.17. The actual costs of construction will determine the final contributions from each party. This agreement is primarily to establish the reimbursable percentage for both parties. DISCUSSION: McClelland Consulting Engineers, Inc. was selected for and has completed design of the utility relocations necessary for this project. The Arkansas Department of Health project review is complete and easement acquisition is underway, then the project can proceed to bidding. BUDGET/STAFF IMPACT: No impact at this time. Funds would be obligated to this project at the time a construction bid award is presented. ATTACHMENTS: SRF ARDOT Hwy 16 East, Utility Relocation Agreement Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 261 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-782 Arkansas Department of Transportation - Highway 16 Utility Relocation Agreement A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION FOR UTILITY RELOCATIONS RELATED TO THE HIGHWAY 16 EAST WIDENING PROJECT WHEREAS, the Arkansas Department of Transportation has requested utility relocations to prepare for the widening of Highway 16 from Stonebridge Road to East Roberts Road; and WHEREAS, the utility relocations are estimated to cost a total of $4,739,746.08 with reimbursement to the City for 42.49% of the costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a utility relocation agreement, a copy of which is attached to this Resolution, with the Arkansas State Highway Commission for utility relocations related to the Highway 16 East Widening Project. Page 1 Page 262 of 634 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-782 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Utility Relocation agreement with the Arkansas Department of Transportation related to the Highway 16 East widening project, ARDOT Project 040785. N/A Account Number 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: Budget Impact: N/A Fund N/A Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 Page 263 of 634 Rev. 08/07/2017 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT State Job No 040785 (Utilities) County Washin Federal Aid Project STPC-9142(49) Route 16 Job Location Stone Bridae Rd. — East Roberts Rd. (Fayetteville)(S) n Section 3 Utility Owner City of Fayetteville THIS AGREEMENT, made and entered into this day of 20 , by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas Department of Transportation, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department," and the City of Fayetteville, Arkansas acting by and through its duly authorized representatives, hereinafter referred to as the "Owner" WITNESSETH: The Department proposes to make highway improvements as specified under the above referenced job number and the Owner will adjust or relocate its existing facilities as set out in the attached plans and cost estimate. The Department will participate in the cost of said adjustment/relocation to the extent that eligibility is hereinafter established. Payment will be made on actual cost basis as mutually agreed between Owner and Department. This agreement is governed by all applicable State and Federal laws, rules, and regulations including the Arkansas State Highway Commission Utility Accommodation Policy adopted by Commission Minute Order 2010-146 as amended and supplemented, the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended and supplemented. DESCRIPTION OF WORK: See Exhibit A on Page 4 The Department agrees that the required adjustment is 42.49% eligible for reimbursement for the total cost which is estimated to be $3,419,930.08 of which $1,453,128.29 to be paid by the Department and $1,966,801.79 is to be borne by Owner. Page 1 of 4 Page 264 of 634 Rev. 08/07/2017 Job 040785 City of Fayetteville Owner will not commence work until authorized by the Department, and will then endeavor to begin within 270 calendar days and complete within 570 calendar days thereafter. On completion of said work, Owner is responsible for the cleanup and restoration of the work area including the disposal of surplus materials and debris. Final billing must include all supporting detail. Owner shall also submit one (1) set of as -built drawings at this time. Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the Department a 10% retainage can be withheld and released upon completion of an audit review. All final bills for utility relocation are subject to review and audit by state and/or federal auditors. Expenses incurred under an actual cost agreement may be billed to the Department monthly in increments of $5,000.00 or more. Owner must maintain cost records and accounts to support the agreed adjustment/relocation work. Said records to be retained and available for inspection for a period of three (3) years from date of final payment. Owner shall be responsible for any and all hazards to persons, property, and traffic. With respect to traffic control, owner shall adhere to the requirements of the Manual of Uniform Traffic Control Devices as amended and supplemented. To the extent applicable to this agreement, the Owner shall comply with the Buy America and Build America, Buy America requirements (as specified in 23 U.S.C. 313, 23 CFR 635.410 and the Infrastructure Investment and Jobs Act (IIJA)). The Owner is not required to change its existing standards for materials as long as these requirements are met. These requirements take precedence over regulations pertaining to the accommodation or regulation of the Owner's facilities (as specified in 23 CFR 645) on contracts and agreements involving Federal -Aid Highway Program funding and precedence over regulations which allow the Owner to furnish materials from company stock (as specified on 23 CFR 645.117(e)). Company Stock materials that do not meet these requirements may not be permanently incorporated into a Federal -Aid Highway Program funded project. The Owner must provide a definitive statement that all products permanently incorporated into the project are covered under these requirements. This requirement is fulfilled via proper signature and submission of the statement of charges form. In some circumstances, a waiver of these requirements may be granted by the Federal Highway Administration, to be determined on a project -by -project basis. Page 2 of 4 Page 265 of 634 Rev. 08/07/2017 Job 040785 City of Fayetteville Owner shall be responsible for and shall hold harmless the Arkansas State Highway Commission, the Department and their officers and employees from any and all claims, actions, causes of action, suits, damages, losses or liability whatsoever, arising out of Owner's performance of the work subject to this Agreement. Notwithstanding anything hereinbefore written, neither the Owner nor the Department by execution of this Agreement waives or relinquishes any rights which either may legally have within the limits of the Law or Constitution, either State or Federal. City of Fayetteville Name (Typed or Printed) Title Signature FEDERAL TAXPAYER IDENTIFICATION # Name (Typed or Printed) Title Signature ARKANSAS HIGHWAY COMMISSION Acting By and Through The ARKANSAS DEPARTMENT of TRANSPORTATION (For) Director Right of Way Division Head Section Head -Utilities Section Page 3 of 4 Page 266 of 634 Rev. 08/07/2017 Job 040785 City of Fayetteville EXHIBIT A Adjust water facilities to clear highway construction by abandoning 4,436 LF of eight (8) inch, 173 LF of six (6) inch, 689 LF of two (2) inch water main complete with appurtenances. Restore service by installing 4,482 LF of eighteen (18) inch, 132 LF of twelve (12) inch, 1,630 LF of eight (8) inch, and 35 LF of six (6) inch water main complete with appurtenances. Adjust sewer facilities to clear highway construction by abandoning 146 LF of eight (8) inch and 2,068 LF of six (6) inch sewer main complete with appurtenances. Restore service by installing 1,869 LF of eight (8) inch gravity sewer main complete with appurtenances. Of the 7,512 LF of main to be abandoned, 3,192 LF is located outside existing ARDOT right-of-way; therefore, this work is 3,192 / 7,512 = 42.49% reimbursable. Owner will perform this work with competitively bid contract forces. Owner has elected to upsize eight (8) inch water mains to eighteen (18) inch. A betterment credit has been given the Department which will be updated based on low bid, and based on final quantities installed. Summary of Cost Construction $ 4,311,535.00 Betterment ($ 1,328,286.00) Construction Engineering $ 174,131.08 Force Account Inspection $ 72,000.00 Easement Cost $ 189,050.00 Advertising $ 1,000.00 Health Department Review $ 500.00 Subtotal $ 3,419,930.08 Reimbursable Cost $3,419,930.08 X 42.49% _ $ 1,453,128.29 Page 4 of 4 Page 267 of 634 City of Fayetteville Arkansas HWY 16 Utility Relocations East McCLELLAND Reimbursement Summary CONSULTING Prepared by McClelland Consulting Engineers, Inc. SEEI - I - I I Em ENGINEERS, INC. Date: 2/22/23 COSTS Probable Construction Cost' $4,308,000.00 Betterment2 $1,329,439.50 Probable Construction Cost (Minus Betterment) $2,978,560.50 Engineering Services During Construction $169,196.08 ROW Easement Preparation and Acquisition $72,000.00 ROW Easement Costs $189,050.00 Health Department Review4 $500.00 Advertisement $1,000.00 TOTAL PROJECT COST $4,739,746.08 TOTAL PROJECT COST (MINUS BETTERMENT) $3,410,306.58 REIMBURSEMENT PERCENTAGE 42.49% REIMBURSEMENT SUMMARY ESTIMATED ARDOT REIMBURSEMENT ESTIMATED COST TO CITY TOTAL $1,449,107.91 $3,290,638.17 $4,739,746.08 NOTES: 1. See attached construction cost estimate 2. See attached betterment estimate 3. See attached fee proposal 4. Included in contract dated 6/21/2021 between City of Fayetteville and MCE. 5. See attached ROW Easement Cost Table 7. See attached Reimbursement Calculations Page 268 of 634 City of Fayetteville Arkansas HWY 16 Utility Relocations East Estimate of Probable Construction Costs Prepared by McClelland Consulting Engineers, Inc. Date: 2/22123 General Items MCCLELLAND REEPNSULTING ENGINEERS, INC. Item No. Description Unit Estimated QuantityCosts Estimated Unit Estimated Cost 1 Mobilization LS 1 $130,568 $130,568 2 Bonds and Insurance LS 1 $130,568 $130,568 3 Project Closeout, As-Builts, Record Drawings, Warranty Bond, etc. LS 1 $130,568 $130,568 4 Act 291, 1993 Trench and Excavation Safety System LS 1 $23,000 $23,000 5 Pre -Construction Video LS 1 $3,450 $3,450 6 Environmental Compliance LS 1 $86,250 $86,250 7 Traffic Control LS 1 $17,250 $17,250 8 Clearing, Grubbing, Tree Removal & Misc. Demo LS 1 $28,750 1 $28,750 Subtotal Estimate of Probable Construction Costs $550,000 Utility Items Item No. Description Unit Estimated Quantity Estimated Unit Costs Estimated Cost 9 18" DIP 350 Water Main LF 3,112 $253 $787,336 10 18" DIP 350 Restrained Joint Water Main LF 1,370 $345 $472,650 11 12" DR-14 PVC C900 Restrained Joint Water Main LF 132 $144 $18,975 12 8" DR-14 PVC C900 Water Main LF 1,066 $86 $91,943 13 8" DR-14 PVC C900 Restrained Joint Water Main LF 564 $115 $64,860 14 6" DR-14 PVC C900 Restrianed Joint Water Main LF 15 1 $75 $1,121 15 6" DIP 350 Water Main LF 20 $75 $1,495 16 8" Gate Valve w/Box EA 6 $4,025 $24,150 17 12" Butterfly Valve w/ Box EA 1 $11,500 $11,500 18 18" Butterfly Valve w/Box EA 5 $28,750 $143,750 19 Ductile Iron Fittings LBS 9,800 $17 $169,050 20 3-Way Fire Hydrant Assembly EA 15 $8,050 $120,750 21 16" Steel Encasement By Bore LF 208 $1,495 $310,960 22 16" Steel Encasement By Open Cut LF 0 $230 $0 23 24" Steel Encasement By Bore LF 108 $1,495 $161,460 24 36" Steel Encasement By Open Cut LF 257 $345 $88,665 25 36" HDPE DR-11 Encasement Pipe By Open Cut LF 100 $288 $28,750 26 2" Air Release Valve and Vault EA 1 $23,000 $23,000 27 8" Tapping Sleeve and Valve w/ Box EA 2 $11,500 $23,000 28 12" Tapping Sleeve and Valve w/ Box EA 2 $13,800 $27,600 29 8" Anchor Collar EA 5 $4,600 $23,000 30 12" Anchor Collar EA 1 $5,750 $5,750 31 18" Anchor Collar EA 5 $9,200 $46,000 32 Special 2" Reconnection EA 1 $3,450 $3,450 33 2" Blow -off Assembly EA 1 $3,450 $3,450 34 Connect New Water Main to Existing Water Main EA 7 $3,450 $24,150 35 Abandon Existing Fire Hydrant EA 7 $1,150 $8,050 36 Abandon Existing Valve EA 12 $575 $6,900 37 Abandon Existing Meter Setter and Service Line EA 31 $575 $17,825 38 Abandon Water Main LF 4,814 $12 $55,361 39 Double Cut and Cap 6" Water Main EA 3 $3,450 $10,350 40 Double Cut and Cap 8" Water Main EA 3 $4,600 $13,800 41 Double Cut and Cap 12" Water Main EA 2 $5,750 $11,500 42 1" Coated Copper Service Tubing LF 1,910 $35 $65,895 43 2" HDPE SDR-9 Water Service Line Encasement By Bore LF 71 $58 $4,083 44 4"x1" Service Tap EA 1 $575 $575 45 6"x1" Service Tap EA 6 $1,150 $6,900 46 8"x1" Service Tap EA 10 $1,725 $17,250 47 12"x1" Service Tap EA 1 $2,300 $2,300 48 18"x1" Service Tap EA 9 $3,450 $31,050 49 Single 5/8" Water Meter Setter EA 24 $3,450 $82,800 50 Dual 5/8" Water Meter Setter EA 3 $5,175 $15,525 51 Connect New Water Service Line to Existing Service Line EA 29 $575 $16,675 52 Asphalt Pavement Repair SY 360 $173 $62,100 53 Asphalt Pavement Repair LF 175 $86 $15,094 54 Concrete Pavement Repair LF 140 $86 $12,075 55 Gravel Pavement Repair LF 353 $40 $14,208 56 Concrete Sidewalk Repair LF 130 $58 $7,475 57 Curb and Gutter Repair LF 130 $29 $3,738 57 Sewer Pipe Pier Supports EA 4 $5,750 $23,000 58 8" SDR-26 PVC Sewer Main LF 1,869 $104 $193,442 59 Gravity Sewer Trenching and Backfill 0'-6' LF 1,869 $40 $75,227 60 4' Epoxy Lined Manhole 0'-6' EA 16 $6,900 $110,400 61 6' Epoxy Lined Manhole 0'-6' EA 1 $17,250 $17,250 62 Abandon Sewer Main LF 2,296 $12 $26,404 63 Abandon Sewer Manhole LF 11 $1,150 $12,650 64 Plug Abandoned Sewer Main EA 20 $1,725 $34,500 65 4" Sewer Service Tap EA 7 $1,725 $12,075 66 Sewer Service Cleanout EA 10 $1,150 $11,500 67 Tie New Sewer Service to Existing Sewer Service EA 10 $2,300 $23,000 68 4" SCH40 PVC Sewer Service Line LF 408 $115 $46,920 69 12" SCH40 PVC Sewer Encasement LF 79 $173 $13,628 Subtotal Estimate of Probable Construction Costs $3,758,000 Total Estimate of Probable Construction Costs $4,308,000 Page 269 of 634 City of Fayetteville Mrr%etrakD Arkansas HWY 16 Utility Relocations East Estimate of Betterment Costs 1HEICONSULTING Prepared by McClelland Consulting Engineers, Inc. ENGINEERS, INC. Date: 2/22123 1111Fr 111 irf In):1111aa Ram No. 9 Description 18' DIP 350 Water Man Unit LF Estimated uoantily 2,312 Estimated Unit Costs $253 Estimated Cost 5584.936 10 18" DIP 350 Restrained Jant Water Man LF 1.0D0 $345 $345.000 11 12" DR-14 PVC C900 R.Vaned Joint Water Mein LF 0 $144 $0 12 8" DR-14 PVC C900 Water Mein LF 100 $86 $8.625 13 8" DR-14 PVC C900 Restrained Joint Water Man LF 65 $115 $7.475 14 6" DR-14 PVC C900 Restraned Joint Wear Mein LF 0 $75 $o 15 6" DIP 350 Water Mein LF 20 $75 $1.495 16 8" Gate Valve wBox EA 1 $4.025 $4.025 17 12"Butterfly Valve w/Box EA 1 $11.500 $11.500 18 19 18"Buttefiv Valve w/Box Ductile Iran Fitlinas EA LBS 3 6.500 $28.750 $17 $86.250 $112.125 20 3-Wav Fire Hvdranl Assembly EA 9 $8.050 $72.450 21 16" Steel Encasement BV Bore LF 0 $1.495 $0 22 16" Steal Encasement By Open Cut LF 0 $230 $o 23 24" Stan Encasement By Bore LF 0 $1.495 so 24 36" Steel Encasement By Oren Cut LF 150 $345 $51.750 25 36"HDPE DR-11 Encasement Pine By ODen Cut LF 100 $288 $28.750 26 2" Air Release Valve and Vauft EA 1 923.000 $23.000 27 8" Taooino Sleeve and Valve w/Box EA 0 $11.500 $o 28 12" Taooino Sleeve and Valve w/ Box EA 0 $13.800 $o 29 8'Anchor Collar EA 0 $4.600 $0 30 12" Anchor Colar EA 1 $5.750 $5.750 31 32 18"Anchoa'Collar $Dada 2" Reconnection EA EA 2 0 $9.2U0 $3.450 $18.400 $o 33 2" Blow -off Assembly EA 1 $3.450 $3.450 34 Connect New W aler Mein to Exis6na Water Mein EA 2 $3.450 96.900 35 Abandon Emstino Fire Hydrant EA 5 $1.150 $5.750 36 Abandon Existing Valve EA 7 $575 $4.025 37 Abandon Existing Meter Setter and Service Line EA 11 $575 96.325 38 Abandon Water Main LF 3.200 $12 $36.800 39 Double Cut and CID 6" Water Main EA 0 $3.450 So 40 Double Cut and Ca 8" Water Man EA 2 $4,600 $9,200 41 Double Cut and Ca012" Water Man EA 1 $5.750 $5.750 42 1" Coaled Copper Sam. Tubing LF 1.250 $35 1 $43.125 43 2"HDPE SDR-9Water Service Line Encasement By Bore LF 0 $58 $o 44 4"xi"Service Tao EA 1 $575 $575 45 6"xi"Service TED EA 2 $1.150 $2.300 46 8"x1"Service TED EA 2 $1.725 $3.450 47 12"xf'Sam- TED EA 0 $2.300 $0 48 18"x1'Service Tab EA 7 $3.450 $24.1W 49 Sinale 5/8' Water Meter Setter EA 10 $3.450 $34.500 50 Dual 518" Water Meter Salter EA 2 $5.175 $10.350 51 Connect New Water Service Line to Exisfina Service Line EA 13 $575 $7.475 52 AaDhal Pavement Repair SY 360 $173 $62.100 53 ASDhal Pavement Repair LF 25 $86 92.156 54 Concrete Pavement Repair LF 16 $86 91.380 55 Gravel Pavement Repair LF 40 $40 1 $1.610 56 Concrete Sidewalk Repair LF 0 $58 $0 57 Curb and Gutter Repair EA 0 $29 $0 9 8" DR14PVC C900 LF 2.312 $86 $199.410 10 8" DR14PVC C900 Restrained Joint Water Main LF 1.000 $115 $115.000 18 8"Gate Valve S. EA 3 $4.025 $12.075 19 DucBle Iran Fiuinos LBS 1,000 $17 $17.250 23824 16" Steal Encasement By Open Cut LF 150 $230 $34.500 25 16" HDPE DR-11 Encasement Pipe By Open Cut LF 100 $214 $21.385 31 8" Anchor Colar EA 2 $4.600 $9.200 48 8"x1'SeMce Tap EA 7 $1.725 $12.075 Subtotal Estimate of Probable Construction Costs Ili") $802,436 Subtotal Estimate of Probable Construction Costs (18") $1,655,902 Betterment Difference $853,466 kem No. 9 Description 18' DIP 350 Water Man Unit LF Estimated Coat 6 800 Estimated Unit Costs $253 Estimated Cost 5202.400 10 18" DIP 350 Restrained Joint Water Man LF 370 5345 5127.650 11 12" DR-14 PVC C900 Restrained Joint Water Main LF 132 S144 $18.975 12 8" DR-14 PVC C900 Water Main LF 0 $86 $0 13 8" DR-14 PVC C900 Restrained Joint Wafer Main LF 198 S115 $22.770 14 6" DR-14 PVC C900 Restined Joint Water Main LF 15 $75 51.121 15 6" DIP 350 Water Main LF 0 $75 $o 16 8"Gate Valve wA3. EA 0 $4.025 $o 17 12"Butterfly Valve w/Box EA 0 511.500 $0 18 18" Buttediv Valve w/Box EA 2 $28.750 $57.500 19 Ductile Iran Fininas LBS 3.000 $17 $51.750 20 3-Wav Fire Hvdrant Assembly EA 3 $8.050 $24.150 21 16" Steel Encasement By Bore LF 108 $1.495 $161.460 22 16" Steel Encasement By Open Cut LF 0 S230 $0 23 24" Steel Encasement ev Bore LF 108 $1.495 5161.460 24 36" Stan Encasement ev Coen Cut LF 107 $345 $36.915 25 36"HDPE DR-11 Encasement Pipe By ODen CN LF 0 S288 $0 26 2" Air Release Valve and Vault EA 0 $23.000 so 27 8" Taooino Sleeve and Valve W Box EA 0 $11.500 $o 28 12" TIDDIno Sleeve and Vave w/ Box EA 2 913.800 $27.600 29 8" Anchor Collar EA 1 $4.600 $4.600 W 12"Anchor Caller EA 0 $5.750 So 31 18'Anchor Collar EA 3 $9.200 $27.600 32 Soecial 2" Reconnection EA 1 $3.450 $3.450 33 2"Blow-off Assembly EA 0 $3.450 $o 34 Connect New Water Main to Existlna Water Mein EA 2 $3.450 $6.900 35 Abandon Existing Fire HWrant EA 1 $1.150 $1.150 36 Abandon Existing Valve EA 2 $575 91.150 37 Abandon Ematino Meter Setter and Service Line EA 6 $575 $3.450 38 Abandon Water Main LF 1.121 $12 $12.892 39 Double Cut and CID 6" Water Main EA 2 $3.450 96.900 40 Double Cut and CID 8" Water Main EA 1 $4.600 $4.600 41 Double Cut and CID 12" Water Main EA 1 $5.750 $5.750 42 1"Coated Co00or Service Tubing LF 180 $35 $6.210 43 2" HDPE SDR-9 Water Service Line Encasement By Bore LF 0 $58 So 44 4"xi'Servica Tao EA 0 $575 So 45 6"xi'Service Tao EA 2 $1.150 $2.300 46 8"xi"Servica Tao EA 0 $1.725 $o 47 12"xi'Sam- Tao EA 1 $2.300 52.300 48 18"M Service Tao EA 2 $3.450 $6.900 49 Sinale 5/8' Water Meter Seller EA 4 $3.450 $13.800 50 Dual 518" Water Meter Seller EA 1 $5.175 $5.175 51 Connect New Water Service Line to Existing Service Line EA 6 $575 $3.450 52 Asohalt Pavement Repair SY 0 $173 $o 53 Asohalt Pavement Repair LF 0 $86 $o 54 Concrete Pavement Repair LF 0 $86 So 55 Gravel Pavement Repair LF 100 $40 54.025 56 Concrete Sidewalk Repair LF 0 $58 $0 57 Curb and Gutter Repair EA 0 $29 $0 9 8" DR14PVC C900 LF 800 $86 $69.000 10 8" DR14PVC C900 Restrained Joint Water Main LF 370 $115 $42.550 18 8"Gate Valve wB. EA 2 $4.025 $8.050 19 D-ble Iran Filtinas LBS 574 $17 $9.902 23824 16" Steal Encasement By Open Cut LF 215 $230 $49.450 31 8"Anchor Color EA 3 $4.600 $13.800 48 8"x1'Service Tap EA 2 $1.725 $3,450 Subtotal Estimate of Probable Construction Costs (8") $540,379 Subtotal Estimate of Probable Construction Costs (18") $1,016,353 Betterment Difference $475,974 Water Main Betterment Subtotal Costs $1,329,440 Total Estimate of Probable Betterment Costs $1,329,440 Page 270 of 634 City of Fayetteville Arkansas HWY 16 Utility Relocations East ROW Easement Cost Estimate Prepared by McClelland Consulting Engineers, Inc. Date: 2/22/2023 MEEMcCLELLAND CONSULTING ENGINEERS, INC. ROW EASEMENT TYPE AREA SQFT UNIT COST PER SQFT COST Permenant Water Sewer Easement (WSE) 158100 $1.00 $158,100.00 Temporary Construciton Easement TCE 61900 $0.50 $30,950.00 TOTAL $189,050.00 Page 271 of 634 Prepared by —01- —A g Iog.- inc. D-— ENGINEERS, fNC. loll, 111-11 Is, & "o, Page 272 of 634 Exhibit B-4 Fee Proposal Services During Construction In Conjunction with the Highway 16 Utility Relocations MCE Job No. 21-2121 Labor Classification Time/Hours Direct Labor Rate Extended Sr Project Manager 32.00 $68.00 $2,176.00 Project Manager 94.00 $53.00 $4,982.00 Project Engineer 246.00 $36.00 $8,856.00 Construction Observer 1644.00 $25.00 $41,100.00 Chief Draftsman 40.00 $30.00 $1,200.00 Survey Technician 16.00 $25.00 $400.00 Registered Land Surveyor 8.00 $35.00 $280.00 Survey (2-Man or Robotic) 48.00 $50.00 $2,400.00 Direct Labor Subtotal Title II Labor Multiplier Subtotal Labor Costs EXPENSES $61,394.00 2.82 $173,131.08 Estimated Reimbursable Expenses Amount Mileage ($0.42/mile) $1,000.00 Total Estimated Reimbursable Expenses $1,000.00 Total Costs - Construction Engineering $174,131.08 Notes: 1. Title II Multiplier based upon MCE FY22 Indirect Cost Rate (151.55%) for ARDOT projects, plus fixed fee of 12%. 2. Construction Duration Assumed - 545 Calendar Days (Substantial); 575 Calendar Days (Final) 3. Construction Observeration may be performed by MCE, City of Fayetteville, or a combination Page 273 of 634 CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-783 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Arkansas Department of Transportation - Highway 112 Truckers Dr. to Howard Nickell Rd. RECOMMENDATION: Staff recommends approval of a Utility Relocation Agreement with the Arkansas Department of Transportation related to the Highway 112 Improvements project, ARDOT Project 040746. BACKGROUND: The Arkansas Department of Transportation has requested utility relocations to prepare for the widening of Highway 112 from Truckers Drive to Howard Nickell Road. The water and sanitary sewer relocations for this project are estimated to cost approximately $12,669,315.00, subject to public bidding. The relocations are estimated to be 90.74% reimbursable to the City of Fayetteville by ARDOT. Furthermore, there is an existing easement for the City's future West Transmission waterline that will be taken by the new ArDOT Right of Way which will be reimbursed at 100% of current market value. Based on the estimated cost, this would result in ARDOT funding $11,520,027.23 and the City of Fayetteville $1,149,287.77. The actual costs of construction will determine final contributions from each party. This agreement is primarily to establish the reimbursable percentage for both parties. DISCUSSION: Hawkins -Weir Engineers, Inc. was selected for and has completed the design of the utility relocations necessary for this project. The Arkansas Department of Health project review and easement acquisition is underway, then the project can proceed to bidding. BUDGET/STAFF IMPACT: No impact at this time. Funds would be obligated to this project at the time a construction bid award is presented. ATTACHMENTS: SRF ARDOT Hwy 112, Utility Relocation Agreement Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 274 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-783 Arkansas Department of Transportation - Highway 112 Truckers Dr. to Howard Nickell Rd. A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION FOR UTILITY RELOCATIONS RELATED TO THE HIGHWAY 112 IMPROVEMENTS PROJECT WHEREAS, the Arkansas Department of Transportation has requested utility relocations to prepare for the widening of Highway 112 from Truckers Drive to Howard Nickell Road; and WHEREAS, the utility relocations are estimated to cost a total of $12,669,315.00 with reimbursement to the City for 90.74% of the costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a utility relocation agreement, a copy of which is attached to this Resolution, with the Arkansas State Highway Commission for utility relocations related to the Highway 112 Improvements Project. Page 1 Page 275 of 634 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-783 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Utility Relocation Agreement with the Arkansas Department of Transportation related to the Highway 112 Improvements project, ARDOT Project 040746. N/A Account Number 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: Budget Impact: N/A Fund N/A Project Title Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 Page 276 of 634 Rev. 08/07/2017 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT State Job No 040746 (Utilities) County Washin Federal Aid Project CMF-TAPF-9142(48) Route 112 Job Location Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) n Section 1 Utility Owner City of Fayetteville THIS AGREEMENT, made and entered into this day of 20 , by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas Department of Transportation, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department," and the City of Fayetteville, Arkansas acting by and through its duly authorized representatives, hereinafter referred to as the "Owner" WITNESSETH: The Department proposes to make highway improvements as specified under the above referenced job number and the Owner will adjust or relocate its existing facilities as set out in the attached plans and cost estimate. The Department will participate in the cost of said adjustment/relocation to the extent that eligibility is hereinafter established. Payment will be made on actual cost basis as mutually agreed between Owner and Department. This agreement is governed by all applicable State and Federal laws, rules, and regulations including the Arkansas State Highway Commission Utility Accommodation Policy adopted by Commission Minute Order 2010-146 as amended and supplemented, the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended and supplemented. DESCRIPTION OF WORK: See Exhibit A on Page 4 The Department agrees that the required adjustment is (See Exhibit A) eligible for reimbursement for the total cost which is estimated to be $12,669,315.00 of which $11,520,027.23 to be paid by the Department and $1,149,287.77 is to be borne by Owner. Page 1 of 4 Page 277 of 634 Rev. 08/07/2017 Job 040746 City of Fayetteville Owner will not commence work until authorized by the Department and will then endeavor to begin within 300 calendar days and complete within 900 calendar days thereafter. On completion of said work, Owner is responsible for the cleanup and restoration of the work area including the disposal of surplus materials and debris. Final billing must include all supporting detail. Owner shall also submit one (1) set of as -built drawings at this time. Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the Department a 10% retainage can be withheld and released upon completion of an audit review. All final bills for utility relocation are subject to review and audit by state and/or federal auditors. Expenses incurred under an actual cost agreement may be billed to the Department monthly in increments of $5,000.00 or more. Owner must maintain cost records and accounts to support the agreed adjustment/relocation work. Said records to be retained and available for inspection for a period of three (3) years from date of final payment. Owner shall be responsible for any and all hazards to persons, property, and traffic. With respect to traffic control, owner shall adhere to the requirements of the Manual of Uniform Traffic Control Devices as amended and supplemented. To the extent applicable to this agreement, the Owner shall comply with the Buy America and Build America, Buy America requirements (as specified in 23 U.S.C. 313, 23 CFR 635.410 and the Infrastructure Investment and Jobs Act (IIJA)). The Owner is not required to change its existing standards for materials as long as these requirements are met. These requirements take precedence over regulations pertaining to the accommodation or regulation of the Owner's facilities (as specified in 23 CFR 645) on contracts and agreements involving Federal -Aid Highway Program funding and precedence over regulations which allow the Owner to furnish materials from company stock (as specified on 23 CFR 645.117(e)). Company Stock materials that do not meet these requirements may not be permanently incorporated into a Federal -Aid Highway Program funded project. The Owner must provide a definitive statement that all products permanently incorporated into the project are covered under these requirements. This requirement is fulfilled via proper signature and submission of the statement of charges form. In some circumstances, a waiver of these requirements may be granted by the Federal Highway Administration, to be determined on a project -by -project basis. Page 2 of 4 Page 278 of 634 Rev. 08/07/2017 Job 040746 City of Fayetteville Owner shall be responsible for and shall hold harmless the Arkansas State Highway Commission, the Department and their officers and employees from any and all claims, actions, causes of action, suits, damages, losses or liability whatsoever, arising out of Owner's performance of the work subject to this Agreement. Notwithstanding anything hereinbefore written, neither the Owner nor the Department by execution of this Agreement waives or relinquishes any rights which either may legally have within the limits of the Law or Constitution, either State or Federal. City of Fayetteville Name (Typed or Printed) Title Signature FEDERAL TAXPAYER IDENTIFICATION # Name (Typed or Printed) Title Signature ARKANSAS HIGHWAY COMMISSION Acting By and Through The ARKANSAS DEPARTMENT of TRANSPORTATION (For) Director Right of Way Division Head Section Head -Utilities Section Page 3 of 4 Page 279 of 634 Rev. 08/07/2017 Job 040746 City of Fayetteville EXHIBIT A Adjust water facilities to clear highway construction by abandoning 2,898 LF of thirty-six (36) inch, 2,382 LF of twelve (12) inch, 710 LF of eight (8) inch, 7,742 LF of six (6) inch, 528 LF of four (4) inch, and 36 LF of two (2) inch water main complete with appurtenances. Restore service by installing 2,898 LF of thirty-six (36) inch, 8,755 LF of twelve (12) inch, 1,706 LF of eight (8) inch, and 36 LF of six (6) inch water main complete with appurtenances. Adjust sewer facilities to clear highway construction by abandoning 2,539 LF of eight (8) inch and 901 LF of six (6) inch sewer main complete with appurtenances. Restore service by installing 3,482 LF of eight (8) inch, and 20 LF of four (4) inch sewer force main complete with appurtenances. Of the 16,895 LF of main to be abandoned, 15,330 LF is located on private property; therefore, this work is 15,330 / 16,895 = 90.74% reimbursable. Owner will perform this work with competitively bid contract forces. Owner has elected to upsize four (4) inch and six (6) inch water mains to eight (8) inch and twelve (12) inch water mains. A betterment credit has been given the Department which will be updated based on low bid, and based on final quantities installed. Owner will also be replacing their existing West Transmission Easement which was purchased prior to this project, and will be completely encompassed by the Department's proposed ROW; therefore, this cost will be 100% reimbursable. Summary of Cost Construction $ 11,499,011.00 Betterment ($ 324,692.00) Construction Engineering $ 667,300.00 Force Account Inspection $ 100,000.00 Easement Cost $ 438,196.00 ROW Acquisition $ 30,000.00 Advertising $ 1,000.00 Health Department Review $ 500.00 Subtotal $ 12,411,315.00 Reimbursable Cost $12,411,315.00 X 90.74% _ $ 11,262,027.23 West Transmission Easement Cost X 100% _ $ 258,000.00 Total Reimbursable $ 11,520,027.23 Page 4 of 4 Page 280 of 634 CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO 2023-787 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Robert Walsh - Water Damage Claim at 2416 E. Sharon St. RECOMMENDATION: Staff recommends approval of a payment in the amount of $10,434.25 to Robert Walsh for a water damage claim arising at 2416 E. Sharon St., and approval of a budget adjustment. BACKGROUND: On March 17, 2023, the meter was turned on by the Meter Department and continued to run. The meter reader shut the meter off but the cut off malfunctioned, allowing water to continue through the meter, which flooded the home. The Water & Sewer department replaced the faulty cut off. DISCUSSION: The total damages were in the amount of $10,434.25 and included flooring, sheetrock, and painting. The breakdown of expenses is below: • $5,434.25 - Home Depot for material and flooring • $4,600.00 - Stuture Homes for remodeling work • $400.00 - Robert's Jill of all Trades - Painting Staff recommends Robert Walsh be reimbursed in the amount of $10,434.25 to cover the expenses related to the water damage claim. BUDGET/STAFF IMPACT: A budget adjustment is attached to move funds into the Self Insurance - Non -Vehicle Damage account. ATTACHMENTS: 2023-787 SRF Robert Walsh Water Damage Claim, 2023-787 BA —Robert Walsh Water Damage Claim, Receipts Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 281 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-787 Robert Walsh - Water Damage Claim at 2416 E. Sharon St. A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $10,434.25 TO ROBERT WALSH AND EQUITY TRUST COMPANY FOR WATER MAIN BREAK DAMAGE AT 2416 EAST SHARON STREET, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, pursuant to §39.10(C)(4) of the City Code, the City Council must approve the payment of water or sewer damage claims exceeding $10,000.00; and WHEREAS, the claimant is seeking reimbursement for damages in the amount of $10,434.25. 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, pursuant to § 39.10(C)(4) of the Fayetteville City Code, authorizes Mayor Jordan to pay the amount of $10,434.25 to Robert Walsh and Equity Trust Company for water main break damage at 2416 East Sharon Street. 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 282 of 634 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-787 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a payment in the amount of $10,434.25 to Robert Walsh for a water damage claim arising at 2416 E. Sharon St., and approval of a budget adjustment. 5400.720.4310-5311.04 Account Number N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Water and Sewer Fund N/A Project Title $ 172,914.00 $ 104, 634.42 r- 68,279.58 $ 10,434.25 $ 10,435.00 68,280.33 Previous Ordinance or Resolution # Approval Date: V20221130 Page 283 of 634 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division WATER SEWER (720) Adjustment Number /Org2 2023 Requestor: Shea Fankhouser BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed in the Self Insurance (non -vehicle damage) account within the Water & Sewer fund to pay for a large water damage claim for Robert Walsh at 2416 E. Sharon St. COUNCIL DATE: 6/6/2023 ITEM ID#: 2023-787 Noll y Black 517912023 S:45 RIV Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 10,435 10,435 v.2023424 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.720.4310-5311.04 10,435 - EX Insurance - Self (Non -Vehicle Damage) 5400.720.4000-4999.99 - 10,435 RE Use Fund Balance - Current 1 of 1 Page 284 of 634 e%w doers tiore done +1 Am 1k 1 1. 1 4i 4$1 1 .1 +_ 4 Ot 014 1" 111: ill +1'5 ;d. " OtAll AMOUNI 15% M r 111, Of I 1' 11p 10 l 'If 2111) W ,N Al I 1 1 ; R, Ok' A 1 101 f HM "AJji I L} I A( I .:I ! Subtotal- $4,951.47 AM I'' I I Tax, $ 482.78 [A I Total: $5,434.25 C-1 1ANGL IMI r) 1116 IN I PIA MIF ML 1- k "� I A I I �T N I kf_VJAG# qN1() X1 RA #10 - 9 k A �A llih FAI . IiIT%.o 11-C) HII PO/If 4! 110-11! 1. j z' 10 Nov, I 'If 1 1 NF I f )t F'011( 4,( 1 k I VW( ho C,'i ed i t (I I i� v it it I ",.AVC I h, 10 lJoO, I i-A I 1 101 4 �V.' � JONKII 1�_] " I f I - i0l I I s'.' I I I 1. 3 %, X__ 00 4/2'3 1. A. _:IC) AM 11 N Page 285 of 634 Customer Invoice Customer Information ROSERT WALSH 147'91 263-ng? $Of#BL►Y$Npl15E$ VY HCX>.COM V. Carryout WALSH HOUSES 400 E NOATH rAYEtrEVILLE, AF; 72701 Runner Narne ROSEFIT WAL5H Nero bftwiption 01 TemMa-5ter Sr7am Binder, 1-Iardwpod 2-112 In, x 36 in_ 02 nOP?E Hato 0.23 in. Thick x 2 In. WOE x 78 In. Length Wood T-Moldrng 03 Girdden Premium 1 gal .'Base 1 S9mi•GlOss Interior Paint 04 Ciidden Premium 1 gad. Base 1 Satin Interior Paint 05 OAP Alex Pius 11 2 N. oz. Brilliant White AClylic Latex C-auik Plus gjhWnp 00 GE 0.5 02. WhOO Paintable Supreme Silicone Exterior Window and Door Sealant 07 DAP AMP Advanced MOOMed Polymer 9 oz. Crystal Clear AN Weather Wiridow, Dnor and Sfdfng Sealant 09 Uquid Nafrs UQUO MAILS FOR CQNSTRUCTfON 10.5 oz. 09 SheeImCk UlfraLight 1/2 in. x 4 ft. x 6 it_ Gypsum Board 10 USG 76 Id, Easy Sand 45 Setting -Type Joint Compound 11 Grip -Rite 46 x 1-114 in. PhIfips Bugre-Head Fine Thread Drywaff Screws (7 WPaek) 12 QEP ProMax Gel Knee Peas with Ligfltwefght EVA Foam III91111111111!IIIIIIIIIIIIN Bsia■ P4r4ph TARNG $fare PTM W ■ {47g1 571-47no 6101 N k403 LocskInn 975 E kOYCE BLVD. F ArETTEvILLE, AN 77701 Validetlan Area Invoice # H14o3.143757 PO f Job Name Ilcoring SKU Y unit PYIca Qty Subtotal 331225 $16.77 f each 1 $16.77 1006036138 $29.981 each 2 S59.96 644366 927.961 aach 2 955.96 643180 $25.98 f edth 1 $25.98 904590 $3.58 1jech 3 $10.74 1000014279 $13.281 $&Ch 1 $13.28 1405465694 $9.981 each 2 $19.96 421721 $3.581 each 2 $7A6 693749 $11.981 each 1 $11.98 632716 $1 O} 671 each 1 $10,67 105864 $4.991 each i $4.98 1006505561 $25.47 1 mach $25.47 Invoice is only valid for today: Friday, March 24 Page 286 of 634 illy.■ JIMInvoice customer 71)1 JWh tyeicrlptWin C tNm Rntl Pry Storage (1 • Fair) Ni JIArlwauk L tryfr Ffig11 t}rrxt�nly Dut 2 gi+elstarl! F'4r4'Ure"nf, CNPfier1 Nor14 Glave6 W SPECTAL $VY $0." OFF EACH 14 Milw0ukeu LArp4 High ❑oxtarit Cut 2 ReVatiant f`ikju�thane Dipprsd Work Glnves 0 SPECIAL GUY 54. by O Ft- EACH 15 Mu5ky IS mr» Pro Snap Knife Wth 3 $lack BWdes [ Pickup Dale . �t� ��� 1'uBrday, March 20 9_00 AM COT +Iem peacrJpNor1 16 Lrfaproof Shadow Hickory 6 MIL x 7.1 in. W x 48 Ln. L Click Lock Waterproof Luxury llnyt Plank Flparing (18-7 spfura Se] antes Parwon TAF1490 $Yore Phone 4 L4794 571-4700 9lorr R 14M0 Lot811on in 76 E •r WGIF IZ L.Vp, FAYETTEYILLE• AR 72703 MoXa1 I 19KU 9 Untl Prke +dry 11IE1oW 1007539539 6404742 S19-94 $9.971 earl 1007539535 "'W 1 $9,57 S9.97 + each 1 d0158000 S1 t}.4.8 r eaCi 2 520-96 Model 0 SKU N Unit Price city SubuRal 1002262553 S68-11 1 each 70 S4,637.70 90 DAY RETt)RN POLICY. The Home DepDt reserves the right to f1rnn I deny retijmS. Please see [he return palicy sign in the Store&1gr dauails. Subtotal Pro Xtra 2023 Pro Xtrs Spend Pro 7i11ra Sovings Member Statement (as of ax;?3j 60.01) $0•00 Discounts Visit ProXira. hltas:llwww.Norriedeoat.c4r11lc1Fra ](tra Sales Tax Invoice Total invoice is only valid far today: Friday, March 24 $5,15i.48 -S100 $502,27 5,653,75 Page 287 of 634 Provagal +,,P- H,,,,,P-s GC.c- E 414 r ��r Ma . �V. 41 7-'f 5Y 6 56"az-&� Page# 01 SuLmlted Tv-- . . ......... AddressAlb. Localion Dato Vats of Ptint 90 jr Fax 0 ArcMact -7?— - 6—C1c-, We hereby submil specifications and estimates for; In r- e V�* f.>C' vpl rl A .4 - * " T' - - c Lm p C, ci,,J Ck lik c o Tkj C 14 � 4P_ SC -Z L),4e'l�tftA Ae- cn�py bcc,t.5c Ov j,-W 42,570 POJL 14110cce-- Vie propose hereby to hifnish material and labor— compfets in awDrdance with the above sPecifications for the sum of with. payments to be made as follows., Do :1 "MW or. 11am 'Vill ?X�Mqp W:, Mll . a C*W Ise, c"vc-1 ir --I Rf,-3pecff*j - submitted tO KOtWlraV,--f b'y L5 J 2cetvt4lixt of J)r0pomit ara eatmactry and are t'v-*by Ybu Sig 4UNWralad to 61) ttm work .is SPOdfied. M1160 as OAklod Abate. IF! kk DRIe of Avleptance Signature Page 288 of 634 c4iO RagERT D.1NALSi • e1-7S7i8a9 1061 FAY!~TTEVILf EAR 72701 ' . , - . Z�z3 PAY TO 7HE ORDER DF y$ . {. >✓ Y1 � d� - _- a �- The Bank of ayettevifle. Fayett evifl e, Ar. 72701 F6R a ;; COR 29074771: 6900073se 1061 DDA Debits - 4/3/2023 x 0940246721 2023-04-03'- DDA Debits - 4/3/2023 Page 289 of 634 Roberts' Jill of all Trades 1135 West Lakeridge Fayetteville, AR 72703 Phone: 479-790-5711 TO: Bob Walsh 406 E. North St Fayetteville, AR 72701 SALESPERSON QUANTITY 1 P.O. NUMBER 2416 Sharon Labor for Painting INVOICE INVOICE # 100 DATE: 03-23-23 SHIP TO: Same REQUISITIONER SHIPPED VIA F.O.B. POINT TERMS Due on receipt DESCRIPTION UNIT PRICE TOTAL 400 400 SUBTOTAL SALES TAX SHIPPING & HANDLING TOTAL DUE Roberts' Jill of all Trades If you have any questions concerning this invoice, p ease contact us promptly THANK YOU FOR YOUR BUSINESS! 400 Page 290 of 634 � q1 1.0 -6vm� -6t tvo\�4- bsbL4 1'ROBERT D. WALSH 406 E NORTH ST. FAYETTEVILLE, AR 72701 eiaa7laze .-- 1062 /] DATE j PAY TO THE ORDER OF The Bank of Fayetteville l Fayetteville) Ar. 72701 � • �� � l FOR r`Ir _ M' 3 1:08 290 74 7 71: 69❑ ❑ 7 3 511' L06 2 I DDA Debits - 3/30/2023 ❑DA Debits - Page 291 of 634 CITY OF POW, FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: SUBJECT: Steve Mangan - Sewer Damage Claim at 3190 N. Malinda Dr. RECOMMENDATION: 2023-788 Staff recommends approval of a payment in the amount of $42,971.43 to Steve Mangan for a sewer damage claim arising at 3190 N. Malinda Dr., and approval of a budget adjustment. BACKGROUND: On February 5th, our crews received a call about sewer backing up into the mentioned address. Upon arrival, they found a blockage in the sewer main and washed it to clear the blockage. After televising to ensure the main was clear, they found roots in the downstream manhole on the floor that were identified as the initial problem/cause of the backup. Damages included flooring, sheetrock, baseboards, cabinetry and paint. DISCUSSION: Schneider Painting is the low bid the customer received in the amount of $42,971.43. This will cover flooring, sheetrock, painting, baseboards, etc. Staff recommends approval to reimburse the claimant in the amount of $42,971.43 to cover the repair expenses for the residence. BUDGET/STAFF IMPACT: A budget adjustment is attached to move funds into the Self Insurance - Non -Vehicle Damage account. ATTACHMENTS: 2023-788 SRF Steve Mangan Sewer Damage Claim, 2023-788 BA —Steve Mangan Sewer Damage Claim, Estimates Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 292 of 634 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-788 Steve Mangan - Sewer Damage Claim at 3190 N. Malinda Dr. A RESOLUTION PURSUANT TO §39.10(C)(4) OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO PAY THE AMOUNT OF $42,971.43 TO STEVE AND HEATHER MANGAN FOR SEWER OVERFLOW DAMAGE AT 3190 NORTH MALINDA DRIVE WHEREAS, pursuant to §39.10(C)(4) of the City Code, the City Council may in an extraordinary case, upon the Mayor's recommendation and by two-thirds majority, approve the payment of water or sewer damage claims exceeding $25,000.00 up to $50,000.00; and WHEREAS, the claimant is seeking reimbursement for damages in the amount of $42,971.43. 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, pursuant to § 39.10(C)(4) of the Fayetteville City Code, authorizes Mayor Jordan to pay the amount of $42,971.43 to Steve and Heather Mangan for sewer overflow damage at 3190 North Malinda Drive. Page 1 Page 293 of 634 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-788 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/17/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a payment in the amount of $42,971.43 to Steve Mangan for a sewer damage claim arising at 3190 N. Malinda Dr., and approval of a budget adjustment. 5400.720.4410-5311.04 Account Number N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Water and Sewer Fund N/A Project Title $ 183,349.00 $ 104,634.42 r- 78,714.58 $ 42,971.43 $ 42,972.00 Previous Ordinance or Resolution # Approval Date: V20221130 Page 294 of 634 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division WATER SEWER (720) Adjustment Number /Org2 2023 Requestor: Shea Fankhouser BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A budget adjustment is needed in the Self Insurance (non -vehicle damage) account within the Water & Sewer fund to pay for a large sewer damage claim for Steve Mangan at 3190 N. Malinda Dr. COUNCIL DATE: 6/6/2023 ITEM ID#: 2023-788 Noll y Black 517912023 S:,fS RIP Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 42,972 42,972 v.2023424 increase/ (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5400.720.4410-5311.04 42,972 - EX Insurance - Self (Non -Vehicle Damage) 5400.720.4000-4999.99 - 42,972 RE Use Fund Balance - Current 1 of 1 Page 295 of 634 3190 N Malinda Dr N O Interior 1,189.73 PAINTING -Final cleaning - construction - Residential - 1,160.18 SF FROM -Dumpster load - Approx. 12 yards: Schneider Painting -Residential Supervision / Project Management: Schneider Painting P.O. Box 7948 Springdale, AR 72766 Master Bedroom 2,790.37 www.schneiderpaintingnwa.com PHONE - Remove Carpet 183.85 SF 479-283-3138 -Remove Carpet pad 183.85 SF -Carpet pad 326.85 SF FOR -Carpet 422.33 SF Allan Mangan Baseboard - 2 1/4" 27.00 LF EMAIL -Mask and prep for paint - tape only 73.50 LF Allenmangan@gmail.com -Seal & paint baseboard - two coats 73.50 LF QUOTE NUMBER -Casing - 2 1/4" 21.00 LF 1069 -Paint door/window trim & jamb - 21ea DATE -Paint door/window trim & jamb - 1.00 EA April 24, 2023 -Paint door slab only - 2 coats VALID UNTIL -1/2" - drywall per LF - up to 2' tall 8.00 LF June 18, 2023 -Paint the walls - two coats 603.78 SF 4 Download PDF -Window blind - horizontal or vertical - Detach & replace 2.00 EA -replace doors Master Closet 192.46 -R&R Carpet pad 32.78 SF -Remove Carpet 32.78 SF -Carpet 37.69 SF -replace doors Master Coat Closet 862.71 -Carpet pad 12.50 SF -Carpet 14.38 SF -1/2" - drywall per LF - up to 2' tall 12.17 LF -Paint the walls - two coats 103.11 SF -Baseboard - 2 1/4" 12.17 LF -Mask and prep for paint - tape only 12.17 LF -Seal & paint baseboard - two coats 12.17 LF -Casing - 2 1/4" 14.00 LF -Paint door/window trim & jamb - 1.00 EA Large - 2 coats (per side) - Bifold door set - Colonist - Double 1.00 EA -Paint door slab only - 2 coats replace doors Page 296 of 634 Master Bath 1,233.52 -Toe kick - pre -finished wood - 1/2" 4.00 LF -Stain & finish toe -kick 4.00 LF -Baseboard - 2 1/4" 20.67 LF -Mask and prep for paint - tape only 20.67 LF -Seal & paint baseboard - two coats 20.67 LF -Casing - 2 1/4" 14.00 LF -Paint door/window trim & jamb - 2 -Interior door unit 1.00 EA -Paint door slab only - 2 coats 1/2" - drywall per LF - up to 2' tall 20.67 LF Paint the walls - two coats 201.17 SF Toilet - Detach & reset 1.00 EA replace doors Bedroom 1 908.91 Carpet 186.50 SF Remove Carpet pad 92.51 SF Carpet pad 92.51 SF Remove Carpet 102.51 SF Paint door/window trim & jamb - 2 Closet 1 57.75 - Carpet 11.31 SF -R&R Carpet pad 9.83 SF -. Remove Carpet 9.83 SF Hall Closet 58.51 -Vapor barrier - visqueen - 6mil 3.96 SF -Snaplock Laminate - simulated wood flooring 3.96 SF Baseboard - 2 1/4" 6.33 LF Mask and prep for paint - tape only 6.33 LF Seal & paint baseboard - two coats 6.33 LF Hallway 1,069.66 -Vapor barrier - visqueen - 6mil 46.71 SF - Snaplock Laminate - simulated wood flooring 46.71 SF -Baseboard - 2 1/4" 20.33 LF Mask and prep for paint - tape only 20.33 LF Seal & paint baseboard - two coats 20.33 LF 1/2" - drywall per LF - up to 2' tall 20.33 LF Paint the walls - two coats 179.33 SF Casing - 2 1/4" 42.00 LF Paint door/window trim & jamb - 2 4.00 EA -Cold air return cover - Detach & reset 1.00 EA - Paint door slab only - 2 coats Bedroom 2 1,261.90 -Carpet 187.17 SF Carpet pad 102.51 SF Remove Carpet 58.51 SF Remove Carpet pad 58.51 SF Paint door/window trim & jamb Baseboard - 2 1/4" 22.67 LF Mask and prep for paint - tape only 33.67 LF Seal & paint baseboard - two coats 33.67 LF Paint the walls - two coats 278.44 SF Window blind - horizontal or Vertical 1.00 EA Page 297 of 634 Closet 2 79.28 Carpet 15.53 SF R&R Carpet pad 13.50 SF Remove Carpet 13.50 SF Hall Bath 912.57 Baseboard - 2 1/4" 3.67 LF Mask and prep for paint - tape only 3.67 LF Seal & paint baseboard - two coats 3.67 LF -1 /2" - drywall per LF - up to 2' tall 3.67 LF - Paint the walls - two coats 95.83 SF - Toilet - Detach & reset 1.00 EA -R&R Toe kick - pre -finished wood 5.00 LF Stain & finish toe -kick 5.00 LF Casing - 2 1/4" 14.00 LF -Paint door/window trim & jamb Interior door unit 1.00 EA Paint door slab only Living Room 2,731.36 Remove Snaplock Laminate - 196.09 SF Vapor barrier - 15# felt 196.09 SF -Vapor barrier - visqueen - 6mil 264.09 SF Snaplock Laminate - simulated wood flooring 264.09 SF Baseboard - 2 1/4" 43.17 LF -Baseboard - Detach & reset 10.00 LF Mask and prep for paint - tape only 53.17 LF Seal & paint baseboard - 53.17 LF Batt insulation - 4" - R13 - paper foil faced 20.00 SF 1/2" - drywall per LF - up to 2' 35.17 LF Paint the walls - two coats 476.25 SF Window blind - horizontal or vertical - Detach & reset 2.00 EA Pantry 100.38 - Paint door/window trim & jamb - 1.00 EA -Vapor barrier - visqueen - 6mil 4.88 SF Snaplock Laminate - simulated 4.88 SF Baseboard - 2 1/4" 6.92 LF Mask and prep for paint - tape 6.92 LF Seal & paint baseboard - 6.92 LF Kitchen 22,760.33 -Vapor barrier - visqueen - 6mil 188.71 SF Snaplock Laminate - simulated 188.71 SF Baseboard - 2 1/4" 35.42 LF Mask and prep for paint - tape 35.42 LF Seal & paint baseboard - 35.42 LF -1/2" - drywall per LF - up to 2' 15.00 LF Paint the walls - two coats 383.78 SF Refrigerator - Remove & reset 1.00 EA Casing - 2 1/4" 31.00 LF Paint door/window trim & jamb - 2.00 EA R&R Toe kick - pre -finished 14.00 LF Window blind - horizontal or vertical - Detach & reset 1.00 EA Range - electric - Remove & reset 1.00 EA -Range hood - Detach & reset 1.00 EA - Dishwasher - Detach & reset 1.00 EA Page 298 of 634 Contents 6,761.99 Content Manipulation charge - 64.00 HR 4 technicians for16hrs to pack out Contents Evaluation and/or 8.00 HR Supervisor/Admin - per hour Working supervisor on site, communication with customer and administrative tasks. -Provide stretch film/wrap 2.00 RL Provide furniture heavyweight blanket/pad 40.00 EA Provide box, packing paper & tape - large size 30.00 EA Provide wardrobe box & tape large size - 6.00 EA -Provide plastic mattress cover & packing tape - King size 4.00 EA - Bubble Wrap 12" wide - Add -on cost for fragile items125.00 LF Job -site cargo container - pick up/del. (each way) 16'-40' 2.00 EA -Job-site cargo/storage container - 2.00 Padlock/disc lock 1.00 EA Content Manipulation charge - 72.00 HR 4 technicians for 18hrs to pack in, additional time needed due to new building materials Total $42,971.43 Thank you for the opportunity to estimate your project! We will reach out to discuss scheduling and further details once you accept the estimate. We prefer a check upon completion. There will be a 3% fee for all credit/debit payments added to the invoice. We request a 20% deposit for projects over $10,000. We include a 1-year craftsmanship warranty, and we are licensed and insured. We look forward to working with you! www.schneiderpaintingnwa.com Ask a Question 3190 N Malinda Dr Total $42,971.43 O Yes, I Allan Mangan agree to and accept this quote, on May 5, 2023 at 7:39 AM. Accept Quote Decline this quote... Powered by Quotient Page 299 of 634 Client: Jesse Wigins Property: 3190 NORTH MALINDA DRIVE Fayetteville, AR 72703 Operator: BROCK Estimator: Christian Rodas Position: Estimator Company: Surfco Restoration & Construction Type of Estimate: Date Entered: 4/27/2023 Date Assigned: 3/15/2023 Price List: ARFA8X_APR23 Labor Efficiency: Restoration/Service/Remodel Estimate: JESSE WEEGEN Home: (479) 402-0601 Business: (479) 601-2474 E-mail: christian.r@teamsurfco.com Page 300 of 634 JESSE_WEEGEN Main Level Main Level DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 1. Final cleaning - construction - 1,160.18 SF 0.00 0.31 43.16 71.94 474.76 Residential 3. Dumpster load -Approx. 12 yards, 1- 1.00 EA 474.80 0.00 56.98 94.96 626.74 3 tons of debris 4. Residential Supervision / Project 4.00 HR 0.00 66.39 0.00 53.12 318.68 Management - per hour Total: Main Level Bedroom 1 DESCRIPTION 329.33 SF Walls 435.24 SF Walls & Ceiling 11.77 SY Flooring 41.17 LF Ceil. Perimeter QTY REMOVE REPLACE 100.14 220.02 1,420.18 Height: 8' 105.90 SF Ceiling 105.90 SF Floor 41.17 LF Floor Perimeter TAX O&P TOTAL 56. Remove Carpet pad 58. Carpet 59. Carpet pad 60. Remove Carpet 61. Paint door/window trim & jamb - 2 coats (per side) 92.51 SF 0.12 186.50 SF 0.00 92.51 SF 0.00 102.51 SF 0.29 1.00 EA 0.00 0.00 3.70 0.64 0.00 31.68 0.00 2.22 82.81 138.02 7.10 11.84 0.00 5.94 0.50 6.44 13.32 910.88 78.15 35.67 38.62 Totals: Bedroom 1 90.41 164.46 1,076.64 ~10' 6" Bedroom 2 Height: 8' lag^ fV l aet 329.33 SF Walls 105.90 SF Ceiling o Bedroom 435.24 SF Walls & Ceiling 105.90 SF Floor 11.77 SY Flooring 41.17 LF Floor Perimeter 41.17 LF Ceil. Perimeter ~allway� 9 DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 86. Carpet 187.17 SF 0.00 3.70 83.10 138.50 914.13 87. Remove Carpet 58.51 SF 0.29 0.00 0.00 3.40 20.37 88. Carpet pad 102.51 SF 0.00 0.64 7.87 13.12 86.60 JESSE_WEEGEN 4/27/2023 Page:2 Page 301 of 634 CONTINUED - Bedroom 2 DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 89. Remove Carpet pad 58.51 SF 0.12 0.00 0.00 1.40 8.42 90. Paint door/window trim & jamb - 2 1.00 EA 0.00 31.68 0.50 6.44 38.62 coats (per side) 91. R&R Baseboard - 2 1/4" 22.67 LF 0.46 2.72 2.68 14.96 89.73 92. Mask and prep for paint - tape only 33.67 LF 0.00 0.62 0.17 4.22 25.27 (per LF) 94. Seal & paint baseboard - two coats 33.67 LF 0.00 1.49 0.40 10.12 60.69 95. Paint the surface area - two coats 278.44 SF 0.00 0.99 6.96 56.54 339.16 96. Window blind - horizontal or 1.00 EA 0.00 33.36 0.00 6.68 40.04 vertical - Detach & reset Totals: Bedroom 2 1'-2'4"--I Closet 2 2' fJ 1 se fV � DESCRIPTION 140.00 SF Walls 153.50 SF Walls & Ceiling 1.50 SY Flooring 17.50 LF Ceil. Perimeter QTY REMOVE REPLACE 101.68 255.38 1,623.03 Height: 8' 13.50 SF Ceiling 13.50 SF Floor 17.50 LF Floor Perimeter TAX O&P TOTAL 97. Carpet 15.33 SF 0.00 3.70 6.80 11.34 74.86 98. R&R Carpet pad 13.50 SF 0.12 0.64 1.03 2.04 13.33 99. Remove Carpet 13.50 SF 0.29 0.00 0.00 0.78 4.70 Totals: Closet 2 Closet 1� F- ---1114"1 T _ V Closet rA 4' 10" 11 o DESCRIPTION 110.67 SF Walls 120.74 SF Walls & Ceiling 1.12 SY Flooring 13.83 LF Ceil. Perimeter QTY REMOVE REPLACE 7.83 14.16 92.89 Height: 8' 10.07 SF Ceiling 10.07 SF Floor 13.83 LF Floor Perimeter TAX O&P TOTAL 65. Carpet 11.31 SF 0.00 3.70 5.03 8.38 55.26 66. R&R Carpet pad 9.83 SF 0.12 0.64 0.76 1.50 9.73 67. Remove Carpet pad 9.83 SF 0.12 0.00 0.00 0.24 1.42 JESSE_WEEGEN 4/27/2023 Page:3 Page 302 of 634 CONTINUED - Closet DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL Totals: Closet 5.79 10.12 66.41 Closet CI Master Closet Height: 8' 184.00 SF Walls 32.22 SF Ceiling Master Close_ 216.22 SF Walls & Ceiling 32.22 SF Floor I� 3.58 SY Flooring 23.00 LF Floor Perimeter 23.00 LF Ceil. Perimeter 2'2"i DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 29. R&R Carpet pad 32.78 SF 0.12 0.64 2.52 4.98 32.41 30. Remove Carpet 32.78 SF 0.29 0.00 0.00 1.90 11.41 31. R&R Carpet 37.69 SF 0.29 3.70 16.74 30.08 197.20 Totals: Master Closet 19.26 36.96 241.02 IMet-Hallwa ? Master Bedroom Height: 8' _ s M ter ster n _ i0 692.00 SF Walls 331.90 SF Ceiling '2" F 1,023.90 SF Walls & Ceiling 331.90 SF Floor &ster Bedroom _ ~ 36.88 SY Flooring 86.50 LF Floor Perimeter 1 86.50 LF Ceil. Perimeter 1 DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 7. Remove Carpet 183.85 SF 0.29 0.00 0.00 10.66 63.98 9. Remove Carpet pad 183.85 SF 0.12 0.00 0.00 4.42 26.48 10. Carpet pad 326.85 SF 0.00 0.64 25.10 41.84 276.12 11. R&R Carpet 422.33 SF 0.29 3.70 187.51 337.02 2,209.63 12. R&R Baseboard - 2 1/4" 27.00 LF 0.46 2.72 3.19 17.80 106.85 14. Mask and prep for paint - tape only 73.50 LF 0.00 0.62 0.37 9.20 55.14 (per LF) 16. Seal & paint baseboard - two coats 73.50 LF 0.00 1.49 0.88 22.08 132.48 17. R&R Casing - 2 1/4" 21.00 LF 0.55 2.28 3.02 12.50 74.95 18. Paint door/window trim & jamb - 2 1.00 EA 0.00 31.68 0.50 6.44 38.62 coats (per side) 19. Paint door/window trim & jamb - 1.00 EA 0.00 37.28 0.59 7.58 45.45 Large - 2 coats (per side) JESSE_WEEGEN 4/27/2023 Page:4 Page 303 of 634 CONTINUED - Master Bedroom DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 20. Prime & paint door slab only - 3.00 EA 0.00 46.29 4.43 28.66 171.96 exterior (per side) 21. R&R 1/2" - drywall per LF - up to 8.00 LF 2.43 8.43 1.21 17.60 105.69 2' tall 23. Paint the surface area - two coats 603.78 SF 0.00 0.99 15.10 122.56 735.40 24. Window blind - horizontal or 2.00 EA 0.00 33.36 0.00 13.34 80.06 vertical - Detach & reset Totals: Master Bedroom DESCRIPTION 241.90 651.70 4,122.81 Master BAth Height: 8' 261.33 SF Walls 304.41 SF Walls & Ceiling 4.79 SY Flooring 32.67 LF Ceil. Perimeter QTY REMOVE REPLACE 43.08 SF Ceiling 43.08 SF Floor 32.67 LF Floor Perimeter TAX O&P TOTAL 41. R&R Toe kick - pre -finished wood 4.00 LF 2.04 8.49 1.71 8.78 52.61 - 1/2" 43. Stain & finish toe kick 4.00 LF 0.00 1.58 0.09 1.28 7.69 44. R&R Baseboard - 2 1/4" 20.67 LF 0.46 2.72 2.44 13.62 81.79 45. Mask and prep for paint - tape only 20.67 LF 0.00 0.62 0.10 2.58 15.50 (per LF) 46. Seal & paint baseboard - two coats 20.67 LF 0.00 1.49 0.25 6.22 37.27 47. R&R Casing - 2 1/4" 14.00 LF 0.55 2.28 2.02 8.32 49.96 48. Paint door slab only - 2 coats (per 1.00 EA 0.00 37.92 0.83 7.74 46.49 side) 49. R&R Interior door unit 1.00 EA 20.29 299.81 25.18 69.06 414.34 51. Paint door/window trim & jamb - 2 1.00 EA 0.00 31.68 0.50 6.44 38.62 coats (per side) 52. R&R 1/2" - drywall per LF - up to 20.67 LF 2.43 8.43 3.12 45.52 273.12 2' tall 53. Paint the surface area - two coats 201.17 SF 0.00 0.99 5.03 40.84 245.03 54. Toilet - Detach & reset 1.00 EA 0.00 259.32 0.83 52.02 312.17 Totals: Master BAth 42.10 262.42 1,574.59 JESSE_WEEGEN 4/27/2023 Page:5 Page 304 of 634 Hallway Height: 8' 00 260.00 SF Walls 37.33 SF Ceiling 0Sla ,c gets' 10 x 297.33 SF Walls & Ceiling 37.33 SF Floor 26' o 6'2" 21 lo' 4.15 SY Flooring 32.50 LF Floor Perimeter Sh er AUX t� 32.50 LF Ceil. Perimeter Missing Wall Missing Wall DESCRIPTION 2' 8" 1' 6" QTY X 8' X 8' REMOVE REPLACE Opens into Exterior Opens into HALL -CLOSET TAX O&P TOTAL 74. R&R Vapor barrier - visqueen - 46.71 SF 0.09 0.30 1.68 3.64 23.53 6mi1 75. R&R Snaplock Laminate - 46.71 SF 1.27 5.71 32.00 65.20 423.23 simulated wood flooring 76. R&R Baseboard - 2 1/4" 20.33 LF 0.46 2.72 2.40 13.42 80.47 77. Mask and prep for paint - tape only 20.33 LF 0.00 0.62 0.10 2.54 15.24 (per LF) 78. Seal & paint baseboard - two coats 20.33 LF 0.00 1.49 0.24 6.10 36.63 79. R&R 1/2" - drywall per LF - up to 20.33 LF 2.43 8.43 3.07 44.78 268.63 2' tall 80. Paint the surface area - two coats 179.33 SF 0.00 0.99 4.48 36.40 218.42 81. R&R Casing - 2 1/4" 42.00 LF 0.55 2.28 6.05 25.00 149.91 82. Paint door/window trim & jamb - 2 4.00 EA 0.00 31.68 2.00 25.74 154.46 coats (per side) 83. Cold air return cover - Detach & 1.00 EA 0.00 18.77 0.00 3.76 22.53 reset 85. Paint door slab only - 2 coats (per 1.00 EA 0.00 37.92 0.83 7.74 46.49 side) Totals: Hallway 52.85 234.32 1,439.54 Hallway F2' 4" -4 2' T VNr M terT a o et Ta�op 1 �h '(Al) DESCRIPTION Master Coat Closet 26. R&R Carpet pad 27. Remove Carpet 32. R&R 1/2" - drywall per LF - up to 2' tall JESSE_WEEGEN 141.33 SF Walls 155.00 SF Walls & Ceiling 1.52 SY Flooring 17.67 LF Ceil. Perimeter QTY REMOVE REPLACE Height: 8' 13.67 SF Ceiling 13.67 SF Floor 17.67 LF Floor Perimeter TAX O&P TOTAL 12.50 SF 0.12 0.64 0.96 1.90 12.36 14.38 SF 0.29 0.00 0.00 0.84 5.01 12.17 LF 2.43 8.43 1.84 26.80 160.80 4/27/2023 Page:6 Page 305 of 634 CONTINUED - Master Coat Closet DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 33. Paint the surface area - two coats 103.11 SF 0.00 0.99 2.58 20.94 125.60 34. R&R Baseboard - 2 1/4" 12.17 LF 0.46 2.72 1.44 8.02 48.16 35. Mask and prep for paint - tape only 12.17 LF 0.00 0.62 0.06 1.54 9.15 (per LF) 36. Seal & paint baseboard - two coats 12.17 LF 0.00 1.49 0.15 3.66 21.94 37. R&R Casing - 2 1/4" 14.00 LF 0.55 2.28 2.02 8.32 49.96 38. Paint door/window trim & jamb - 1.00 EA 0.00 37.28 0.59 7.58 45.45 Large - 2 coats (per side) 39. R&R Bifold door set - Colonist - 1.00 EA 16.23 346.42 25.65 77.66 465.96 Double 40. Paint door slab only - 2 coats (per 2.00 EA 0.00 37.92 1.66 15.50 93.00 side) Totals: Master Coat Closet 36.95 172.76 1,037.39 Hallway Hall Bath 1'-2r+2r Err+2� 6" r 1 T 1' IQrr I rr wet ( 1) V ity abi Hall Bath Coa 1 set a j i lion 2' 3" 3' 3" DESCRIPTION 202.67 SF Walls 241.22 SF Walls & Ceiling 4.28 SY Flooring 25.33 LF Ceil. Perimeter QTY REMOVE REPLACE Height: 8' 38.55 SF Ceiling 38.55 SF Floor 25.33 LF Floor Perimeter TAX O&P TOTAL 100. R&R Baseboard - 2 1/4" 3.67 LF 0.46 2.72 0.43 2.42 14.52 101. Mask and prep for paint - tape 3.67 LF 0.00 0.62 0.02 0.46 2.76 only (per LF) 102. Seal & paint baseboard - two 3.67 LF 0.00 1.49 0.04 1.10 6.61 coats 103. R&R 1/2" - drywall per LF - up to 3.67 LF 2.43 8.43 0.55 8.08 48.49 2' tall 104. Paint the surface area - two coats 95.83 SF 0.00 0.99 2.40 19.46 116.73 105. Toilet - Detach & reset 1.00 EA 0.00 259.32 0.83 52.02 312.17 106. R&R Toe kick - pre -finished 5.00 LF 2.04 8.49 2.14 10.96 65.75 wood - 1/2" 107. Stain & finish toe kick 5.00 LF 0.00 1.58 0.11 1.60 9.61 108. R&R Casing - 2 1/4" 14.00 LF 0.55 2.28 2.02 8.32 49.96 109. Paint door/window trim & jamb - 1.00 EA 0.00 31.68 0.50 6.44 38.62 2 coats (per side) 110. Paint door slab only - 2 coats (per 1.00 EA 0.00 37.92 0.83 7.74 46.49 side) Totals: Hall Bath 9.87 118.60 711.71 JESSE_WEEGEN 4/27/2023 Page:7 Page 306 of 634 Living Room Missing Wall DESCRIPTION Height: 8' 525.33 SF Walls 272.72 SF Ceiling 798.05 SF Walls & Ceiling 272.72 SF Floor 30.30 SY Flooring 65.67 LF Floor Perimeter 65.67 LF Ceil. Perimeter 2' 8" X 8' Opens into Exterior QTY REMOVE REPLACE TAX O&P TOTAL 111. Remove Snaplock Laminate - 196.09 SF 1.27 0.00 0.00 49.80 298.83 simulated wood flooring 112. R&R Vapor barrier - visqueen - 264.09 SF 0.09 0.30 9.50 20.60 133.10 6mil 113. Vapor barrier - 15# felt 196.09 SF 0.00 0.27 6.35 10.58 69.87 114. Snaplock Laminate - simulated 264.09 SF 0.00 5.71 180.96 301.60 1,990.51 wood flooring 116. R&R Baseboard - 2 1/4" 43.17 LF 0.46 2.72 5.09 28.48 170.85 117. Baseboard - Detach & reset 10.00 LF 0.00 2.26 0.02 4.52 27.14 118. Mask and prep for paint - tape 53.17 LF 0.00 0.62 0.27 6.66 39.90 only (per LF) 119. Seal & paint baseboard - two 53.17 LF 0.00 1.49 0.64 15.96 95.82 coats 120. R&R Batt insulation - 4" - R13 - 20.00 SF 0.27 1.05 1.58 5.60 33.58 paper / foil faced 122. R&R 1/2" - drywall per LF - up to 35.17 LF 2.43 8.43 5.31 77.46 464.71 2' tall 124. Paint the surface area - two coats 476.25 SF 0.00 0.99 11.91 96.68 580.08 125. Window blind - horizontal or 2.00 EA 0.00 33.36 0.00 13.34 80.06 vertical - Detach & reset Totals: Living Room 221.63 631.28 3,984.45 Kitchen Cabin (A3) �g ooil Kitchen 1-4' 6„ 1 F4' 6" DESCRIPTION 524.00 SF Walls 740.85 SF Walls & Ceiling 24.09 SY Flooring 65.50 LF Ceil. Perimeter QTY REMOVE REPLACE Height: 8' 216.85 SF Ceiling 216.85 SF Floor 65.50 LF Floor Perimeter TAX O&P TOTAL 132. R&R Vapor barrier - visqueen - 188.71 SF 0.09 0.30 6.79 14.72 95.10 6mil 133. R&R Snaplock Laminate - 188.71 SF 1.27 5.71 129.30 263.44 1,709.93 simulated wood flooring JESSE_WEEGEN 4/27/2023 Page:8 Page 307 of 634 DESCRIPTION CONTINUED - Kitchen QTY REMOVE REPLACE 134. R&R Baseboard - 2 1/4" 35.42 LF 135. Mask and prep for paint - tape 35.42 LF only (per LF) 136. Seal & paint baseboard - two 35.42 LF coats 137. R&R 1/2" - drywall per LF - up to 15.00 LF 2' tall 138. Paint the surface area - two coats 383.78 SF 139. Refrigerator - Remove & reset 1.00 EA 141. R&R Casing - 2 1/4" 31.00 LF 142. Paint door/window trim & jamb - 2.00 EA 2 coats (per side) 143. R&R Toe kick - pre -finished 14.00 LF wood - 1/2" 144. Window blind - horizontal or 1.00 EA vertical - Detach & reset 145. Range - electric - Remove & reset 1.00 EA 146. Range hood - Detach & reset 1.00 EA 148. Dishwasher - Detach & reset 1.00 EA 149. R&R Custom cabinets - base 15.67 LF units - High grade 151. Stain & finish cabinet 1.00 EA 152. Countertop - solid surface/granite - 35.34 SF Detach & reset 153. Content Manipulation charge - 64.00 HR per hour 154. Contents Evaluation and/or 8.00 HR Supervisor/Admin - per hour 155. Provide stretch film/wrap 2.00 RL 156. Provide furniture heavyweight 40.00 EA blanket/pad 157. Provide box, packing paper & 30.00 EA tape - large size 158. Provide wardrobe box & tape - 6.00 EA large size 159. Provide plastic mattress cover & 4.00 EA packing tape - King size 160. Bubble Wrap 12" wide - Add -on 125.00 LF cost for fragile items 161. Job -site cargo/storage container - 2.00 MO 40' long (per month) 162. Padlock/disc lock 1.00 EA 163. Content Manipulation charge - 72.00 HR per hour JESSE_WEEGEN TAX O&P TOTAL 0.46 2.72 4.18 23.36 140.17 0.00 0.62 0.18 4.44 26.58 0.00 1.49 0.43 10.64 63.85 2.43 8.43 2.27 33.06 198.23 0.00 0.99 9.60 77.90 467.44 0.00 50.97 0.00 10.20 61.17 0.55 2.28 4.46 18.46 110.65 0.00 31.68 1.00 12.88 77.24 2.04 8.49 5.98 30.70 184.10 0.00 33.36 0.00 6.68 40.04 0.00 38.23 0.00 7.64 45.87 0.00 67.33 0.00 13.46 80.79 0.00 247.67 0.00 49.54 297.21 8.13 392.66 559.44 1,367.96 8,207.78 0.00 5,200.00 1.45 1,040.30 6,241.75 0.00 27.40 0.25 193.72 1,162.29 0.00 47.51 0.00 608.12 3,648.76 0.00 62.55 0.00 100.08 600.48 0.00 28.36 5.67 12.48 74.87 0.00 18.26 73.04 160.68 964.12 0.00 5.06 35.22 33.40 220.42 0.00 26.64 37.08 35.16 232.08 0.00 9.16 3.66 8.06 48.36 0.00 0.09 1.13 2.48 14.86 0.00 115.84 23.17 50.98 305.83 0.00 14.24 1.42 3.12 18.78 0.00 47.51 0.00 684.14 4,104.86 4/27/2023 Page:9 Page 308 of 634 DESCRIPTION CONTINUED - Kitchen QTY REMOVE REPLACE TAX O&P TOTAL 164. Insulation -Labor Minimum 1.00 EA 0.00 134.43 0.00 26.88 161.31 165. Electrical -Labor Minimum 1.00 EA 0.00 181.48 0.00 36.30 217.78 166. R&R Custom cabinets - wall 13.67 LF 8.13 260.72 307.67 796.56 4,779.41 units - 30" tall - High grade Totals: Kitchen 1,213.39 5,737.54 34,602.11 2' 6" Pantry Height: 8' T 72.00 SF Walls 5.06 SF Ceiling c+� PantryN 77.06 SF Walls & Ceiling 5.06 SF Floor c� j� 0.56 SY Flooring 9.00 LF Floor Perimeter 1 1 9.00 LF Ceil. Perimeter �--2' 7" DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 126. Paint door/window trim & jamb - 1.00 EA 0.00 31.68 0.50 6.44 38.62 2 coats (per side) 127. R&R Vapor barrier - visqueen - 4.88 SF 0.09 0.30 0.18 0.38 2.46 6mi1 128. R&R Snaplock Laminate - 4.88 SF 1.27 5.71 3.35 6.82 44.23 simulated wood flooring 129. R&R Baseboard - 2 1/4" 6.92 LF 0.46 2.72 0.82 4.56 27.38 130. Mask and prep for paint - tape 6.92 LF 0.00 0.62 0.04 0.86 5.19 only (per LF) 131. Seal & paint baseboard - two 6.92 LF 0.00 1.49 0.08 2.08 12.47 coats Totals: Pantry 4.97 21.14 130.35 P 1' 8" Hall Closet Height: 8' 1' 4" 53.33 SF Walls 3.56 SF Ceiling 00 56.89 SF Walls & Ceiling 3.56 SF Floor cq 11 Clo N 0.40 SY Flooring 6.67 LF Floor Perimeter M 6.67 LF Ceil. Perimeter 116111 Missing Wall 1' 4" X 8' Opens into HALLWAY DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 68. R&R Vapor barrier - visqueen - 3.96 SF 6mi1 JESSE_WEEGEN 0.09 0.30 0.14 0.32 2.01 4/27/2023 Page:10 Page 309 of 634 CONTINUED - Hall Closet DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 70. R&R Snaplock Laminate - 3.96 SF 1.27 5.71 2.71 5.52 35.87 simulated wood flooring 71. R&R Baseboard - 2 1/4" 6.33 LF 0.46 2.72 0.75 4.18 25.06 72. Mask and prep for paint - tape only 6.33 LF 0.00 0.62 0.03 0.78 4.73 (per LF) 73. Seal & paint baseboard - two coats 6.33 LF 0.00 1.49 0.08 1.90 11.41 Totals: Hall Closet 3.71 12.70 79.08 Total: Main Level 2,152.48 8,543.56 52,202.20 Labor Minimums Applied DESCRIPTION QTY REMOVE REPLACE TAX O&P TOTAL 84. Heat, vent, & air cond. labor 1.00 EA 0.00 210.96 0.00 42.20 253.16 minimum Totals: Labor Minimums Applied 0.00 42.20 253.16 Line Item Totals: JESSE_WEEGEN 2,152.48 8,585.76 52,455.36 Grand Total Areas: 4,062.67 SF Walls 1,250.09 SF Ceiling 5,312.75 SF Walls and Ceiling 1,250.09 SF Floor 138.90 SY Flooring 507.83 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 507.83 LF Ceil. Perimeter 1,250.09 Floor Area 1,364.67 Total Area 4,066.67 Interior Wall Area 1,538.33 Exterior Wall Area 175.67 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length JESSE_WEEGEN 4/27/2023 Page: II Page 310 of 634 Summary Line Item Total 41,717.12 Material Sales Tax 1,156.58 Cleaning Matl Tax 31.16 Storage Rental Tax 23.17 Subtotal 42,928.03 Overhead 4,292.88 Profit 4,292.88 Service Sales Tax 941.57 Replacement Cost Value $52,455.36 Net Claim $52,455.36 Christian Rodas Estimator JESSE_WEEGEN 4/27/2023 Page:12 Page 311 of 634 Recap of Taxes, Overhead and Profit Overhead Profit (10%) Material Sales Cleaning Mad Service Sales Manuf. Home Storage State Food Local Food (10%) Tax (10%) Tax (10%) Tax (10%) Tax (6.5%) Rental Tax Tax (1.5%) Tax (3.5%) (10%) Line Items 4,292.88 4,292.88 1,156.58 31.16 941.57 0.00 23.17 0.00 0.00 Total 4,292.88 4,292.88 1,156.58 31.16 941.57 0.00 23.17 0.00 0.00 JESSE_WEEGEN 4/27/2023 Page:13 Page 312 of 634 Recap by Room Estimate: JESSE WEEGEN Area: Main Level 1,100.02 2.64% Bedroom 1 821.77 1.97% Bedroom 2 1,265.97 3.03% Closet 2 70.90 0.17% Closet 50.50 0.12% Master Closet 184.80 0.44% Master Bedroom 3,229.21 7.74% Master BAth 1,270.07 3.04% Hallway 1,152.37 2.76% Master Coat Closet 827.68 1.98% Hall Bath 583.24 1.40% Living Room 3,131.54 7.51% Kitchen 27,651.18 66.28% Pantry 104.24 0.25% Hall Closet 62.67 0.15% Area Subtotal: Main Level 41,506.16 99.49% Labor Minimums Applied 210.96 0.51 % Subtotal of Areas 41,717.12 100.00% Total 41,717.12 100.00% JESSE_WEEGEN 4/27/2023 Page:14 Page 313 of 634 Recap by Category O&P Items Total APPLIANCES 404.20 0.77% CABINETRY 10,880.61 20.74% CONT: GARMENT & SOFT GOODS CLN 311.64 0.59% CLEANING 359.66 0.69% CONTENT MANIPULATION 6,707.28 12.79% CONT: PACKING,HANDLNG,STORAGE 1,335.41 2.55% GENERAL DEMOLITION 2,153.30 4.11% DOORS 646.23 1.23 % DRYWALL 969.53 1.85% ELECTRICAL 181.48 0.35% FLOOR COVERING - CARPET 3,561.13 6.79% FLOOR COVERING - WOOD 3,108.10 5.93% FINISH CARPENTRY / TRIMWORK 872.18 1.66% HEAT, VENT & AIR CONDITIONING 229.73 0.44% INSULATION 155.43 0.30% LABOR ONLY 265.56 0.51% PLUMBING 518.64 0.99% PAINTING 8,856.85 16.88% WINDOW TREATMENT 200.16 0.38% O&P Items Subtotal 41,717.12 79.53% Material Sales Tax 1,156.58 2.20% Cleaning Matl Tax 31.16 0.06% Storage Rental Tax 23.17 0.04% Overhead 4,292.88 8.18% Profit 4,292.88 8.18% Service Sales Tax 941.57 1.79% Total 52,455.36 100.00% JESSE_WEEGEN 4/27/2023 Page:15 Page 314 of 634