HomeMy WebLinkAbout140-23 RESOLUTION'f.
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 140-23
File Number: 2023-752
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
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 #23-23 and authorizes Mayor
Jordan to sign a five year airport hay field lease agreement with Ann Harbison for rent in the amount of $6,001.00 per
year.
PASSED and APPROVED on June 6, 2023
Page 1
Attest:
Kara Paxton, City CIA Treasurer
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CITY OF
FAYETTEVILLE
ARKANSAS
City of Fayetteville
Bid 23-23, Hay Field Lease —Airport Property
Contract Terms: Five (5) Years
This contract (lease) executed this day of %1 f, 2023, between the City of Fayetteville,
Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and Ann Harbison Farms (Ann Harbison) of 5 West
Harrison Ln., West Fork, AR 72774 in consideration of the mutual covenants contained herein, the parties agree
as follows:
1. Property: The City of Fayetteville hereby leases to Ann Harbison, and Ann Harbison hereby leases from
City, the following described property in Washington County, Arkansas (referred to as "leased
property"):
90 acres m/1 located south of the Fayetteville Executive Airport safety fence and east of Highway 71,
ending at the White River. The property extends north on the east side of the airport safety fence
between the fence and the White River.
2. Term: This lease shall be for a term of five (5) years commencing on the date of contract award by
Fayetteville City Council in 2023 and ending five (5) years from that date in 2028.
3. Payment: In consideration of the City leasing the above described property to Ann Harbison for the
aforesaid term, Ann Harbison agrees to pay the City a total sum of $ 6,001.00 U5D annually, on or
before 8 �9 of each year for the length of the lease.
4. Conditions: This lease shall be subject to the following conditions:
a. This lease shall be for the sole purpose of removing hay from any or all of the above described
property as marked as hay field(s) on Attachment B as noted on Bid 23-23.
b. Ann Harbison agrees that livestock shall not be permitted to enter upon any land owned by the
City of Fayetteville, or the land included in this lease.
c. Ann Harbison shall keep and maintain the property covered by this lease in a good, acceptable
condition; that they will keep all fence rows and drains free and clear of weeds, underbrush, and
obstructions at all times
d. Ann Harbison shall fertilize the leased lands on an annual basis according to soil test
recommendations. No poultry litter or other animal manure may be applied as fertilizer.
Fertilizer shall be applied in accordance to all local and state regulations.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 1 of 3
e. Ann Harbison agrees to exercise caution and reasonable care during the cutting and removal of
hay so that airport patrons, their property, and/or adjacent property owners are not injured or
endangered.
f. Ann Harbison shall brush -hog, or keep the brush cut annually, from all areas not mowed for hay.
g. Ann Harbison shall not erect any structures or buildings on the leased property including, but not
limited to, fences or gates, without written permission from the City and an amendment to this
contract.
h. Ann Harbison shall not permit any public nuisance to exist on the leased property.
Ann Harbison shall not cut, remove, or carry off nor allow to be cut, removed, or carried off,
from the leased property any tree, rock, soil, or minerals, except for hay. Furthermore, Ann
Harbison agrees that they will not hunt or allow hunting by any person or persons on the leased
property.
j. Ann Harbison agrees that the City, or its agents, shall have the right to enter the leased property
when deemed necessary without notification, or compensation owed to Ann Harbison.
k. The City of Fayetteville shall have the right to grant easements on, over, and across the leased
property.
I. Ann Harbison agrees to hold harmless and indemnify the City from any and all claims or damages
caused by Ann Harbison's activities on the leased property.
m. Ann Harbison shall not assign this Lease or sublet any part of the leased property without first
obtaining written consent from the City of Fayetteville and an amendment to this contract.
n. This agreement may be terminated by either party upon thirty (30) days written notice of
termination to the other party.
o. Ann Harbison shall be responsible for any damages to the leased property caused by
performance under this contract.
5. Standard Federally Required Conditions: Under no circumstance shall this lease serve as an exclusive
right to provide this service. The City of Fayetteville is prohibited by Federal Regulation/Grant
Assurances V, Item C, Sponsor Certification 22 and 23, from granting exclusive privileges to provide
services or conduct business. Ann Harbison shall furnish services on a fair, equal, and not unjustly
discriminatory basis to all users of the service provided.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 2 of 3
6. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Sec.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ANN HARBISON FARMS
by its authorized officer have made and executed this Agreement as of the day and year first above written.
CITY OF F,AIYETTEVILLEARKAN5AS ANN HARBISON FARMS
B VBy
Lioneld Jordan, or `011111i,r,,,t Signature
ATTEST: %yij !L z 6^'[ S
=�'a • NE=-( , ff nted Name and Title
FIrFVILI F�
By:
Kara Paxton, City Clerk Treasurer
Date Signed: % Date Signed: L.L / j --?co ;?,3
City of Fayetteville, AR
Bid 23-23, Hay Field Lease — Airport Property
Page 3 of 3
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 6, 2023
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Jared Rabren, Airport Director
DATE:
SUBJECT:
Hay Lease for Drake Field
CITY COUNCIL MEMO
2023-752
RECOMMENDATION:
The Aviation Division requests approval and signature of the Mayor of the Airport hay lease term with Ann
Harbison Farms of 5 West Harrison Ln., West Fork, AR 72774, phone (479) 839-2469.
BACKGROUND:
The Airport has established certain areas of the airport field to be leased for removal of hay. The lease
explains the regulations for removing hay, care of the fence rows, fertilizing, no livestock and no hunting.
DISCUSSION:
The Hay lease was bid out through the City of Fayetteville as Bid 23-23.
BUDGET/STAFF IMPACT:
This lease is for 5 years and will provide a total sum of $30,005.00, to be paid at an annual rate of $6,001.00
ATTACHMENTS: 2023 Hay Lease SRF, Hay lease Contract, Bid 23-23 City Issued Bid (002), Bid 23-23
Submittal - Ann Harbison Farms
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
_= City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-752
Hay Lease for Drake Field
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
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 #23-23 and
authorizes Mayor Jordan to sign a five year airport hay field lease agreement with Ann Harbison for rent
in the amount of $6,001.00 per year.
Page 1
Jared Rabren
Submitted By
City of Fayetteville Staff Review Form
2023-752
Item ID
6/6/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/9/2023 AIRPORT SERVICES (760)
Submitted Date Division / Department
Action Recommendation:
The Aviation Division requests approval and signature of the Mayor of the Airport hay lease term with Ann
Harbison Farms of 5 West Harrison Ln., West Fork, AR 72774, phone (479) 839-2469. The lease was awarded by Bid
23-23.
5550.760.3940-4457.00
Account Number
Project Number
Budgeted Item? No
Budget Impact:
Airport
Fund
Project Title
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:
CITY OF
FAY E T T E V I L L E 113 W. Mountain
Fayetteville, AR 72701
A R K A N S A S Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
City of Fayetteville, Arkansas
Purchasing Division — Room 306
INVITATION TO BID: Bid 23-23, Hay Field Lease — Airport Property
DEADLINE: Thursday, April 06, 2023 before 2:00 PM, Local Time
PURCHASING AGENT: Kenny Fitch, kfitch@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: 03/19/2023
Aft
ON
INVITATION TO BID Q
Bid 23-23 Hay Field as -Air Property
No late bids will be accepted. Bids sha I submi in o the following methods: (1)
through the City's third -party electro&ic i ing �rm, delivering in person via sealed
envelope to the City of Fayetteville•Pasing Dig lion. S m ting through the City's electronic
bidding platform is strongly enco �d. n
` of F , ille
PNM&ng Ds — Roo
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06
aWntain Street
Fa f4.AR 72701
All bids shall be sub i ed' in accordance with the attached City Y p of Fayetteville specifications
and bid documen a hed hereto. Each bidder is required to fill in every blank and shall
supply all inform o requested; failure to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms
stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are
made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the
Proposer/Bidder and City Purchasing Division.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 1 of 13
City of Fayetteville
Bid 23-23, Hay Field Lease —Airport Property
Advertisement
City of Fayetteville, Arkansas
INVITATION TO BID
Bid 23-23, Hay Field Lease — Airport Property
The City of Fayetteville is seeking bids to lease approximately 90 acres of hay field. Bids submitted will be the
price the bidder pays to the City to lease such acreage for a five (5) year term. Any questions concerning the
bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville-
ar.gov or by calling (479) 575-8258.
Bidding documents and addenda shall be obtained at the City of Fayetteville Purcha ' v
hursd ision's electronic
bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by T� ril 06 2023 before
2:00 PM, Local Time utilizing the electronic bidding software or by submitting a se hysical bid to the City of
Fayetteville, Purchasing Division address listed below. All bids are due before e stated. Submitting a bid
electronically is strongly encouraged. A public bid opening will be conduct r y after the deadline at City
m Hall and livestreaed at https: www.youtube.com user cityoffayette No late bids shall be accepted.
The City of Fayetteville shall not be responsible for lost cyr�ni c irecteclids, r for failure of proposer's technical
equipment. ^�
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Fayettev' Q
Purch AIIivisi no o 3
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yettevillk, A 72701�►
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Pursuant to Arkansas Code Annotated §22-9-203i�City of f►tteville encourages all qualified small, minority
and women business enterprises to bid on receive acts for goods, services, and construction. Also,
City of Fayetteville encourages all gen al0gmtractor4ubcontract portions of their contract to qualified
small, minority and women business Ztei ses.
Any bidder providing a serviceSh regist/�ith the Arkansas Secretary of State. The City of Fayetteville
reserves the right to waive irk hies, to reject bids, and to postpone the award of the Contract for a period
of time which shall not ex�l%eyond ninety calendar days from the bid opening date.
City of Fayetteville
By: Kenny Fitch, Purchasing Agent
P: 479.575.8258.kf itch @fayettevi I I e-a r.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 03/19/2023
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
Amount paid: $XXX.XX.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 2 of 13
City of Fayetteville
Bid 23-23, Hay Field Lease —Airport Property
Required Bid Form — Bid Signature & Online Submittal Reqirements
EXECUTION OF BID:
All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder.
Bidders shall also complete submission through the City's online bidding portal (www.favetteville-ar.gov/bids)
and complete and submit all required information, which may include:
• Riri Attrihiitac
• Bid Line Items — Bidders shall bid on all line items and not submit partial bids
• Response Attachments
o Required Bid Form (this form, completed in its entirety)
A
Actual specification of any deficient item shall be noted on the bid sheet or 4e��drate attachment. If
specifications of item bid differ from provided literature, deviation shall be doc ed and certified by the
manufacturer as a regular production option. O
PRICE: Bidders shall submit pricing on the City's online bidding porta.fa etteville-ar.gov/bids) in the
format presented online.
Refer to the City's electrol - fielding. i�F�rm to kSmit bid pricing
el�ctro Qom`
` g Di ' 'onto ojF ocuments necessary to
Contact the City Pure
submit a physical sealed bid; h er, all ;&"rs are strongly encouraged to
submit onMity's'Q bidding portal.
Upon signing this Bid, the birtifies that:
1. Bidder has re®rditions,
rees to the requirements set forth in this proposal, including specifications,
terms, Stan and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these
requirements as specified by The City of Fayetteville.
3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not
currently boycott Israel and will not boycott Israel during any time in which they are entering into, or
while in contract, with any public entity as defined in §25-1-503. If at any time during contract the
contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 3 of 13
4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and
support as specified herein.
5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized
to certify the information provided herein is accurate and true.
Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements
and conditions of employment in addition to all federal, state, and local laws.
7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not
limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known
relationship exists between any principal or employee of your firm and any City of Fayetteville employee
or elected City of Fayetteville official. If no relationship exists, this should als be stated in your
response. Failure to disclose such a relationship may result in cancellation of a se and/or contract
as a result of your response. nn�
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1.) NO KNOWN RELATIONSHIP EXISTS
O
2.) RELATIONSHIP EXISTS (Please explain):
AS
8. Bidder will perform the Work in c mpli ce wi ' pplic ench safety standards set forth in
Occupational Safety and Health Ad ' tration (0 IA Part 26� Subpart P — Excavations.
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9. As s bidder on this project, you provide 4e_6al ment/suspension certification indicating
that you are in compliance with the be deral E 'utive Order. Certification can be done by
completing and signing this form. n `�>
a. Federal Executive 0 d E. 12.5 q barment and Suspension" requires that all contractors
receiving individurds, /�si�n' federal funds, and all sub -recipients certify that the
organization a rincipais a not debarred, suspended, proposed for debarment, declared
ineligible, or vntarily excluded by any Federal department or agency from doing business with
the FederaA ernment.
b. YouNN re below certifies that neither you nor your principal is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 4 of 13
Unsigned bids will be rejected. Items marked * are mandatory for consideration.
*NAME OF FIRM:
*D/B/A or Corporation Name
*BUSINESS ADDRESS:
*CITY:
*PHONE:
*E-MAIL:
*BY: (PRINTED NAME)
*AUTHORIZED SIGNATURE:
*TITLE:
Purchase Order/Payments shall be issued to this name
*STATE: *ZIP:
FAX:
UNIQUE ENTITY NUMBER: CUMBER:
O
*TAX ID NUMBER: Q
Acknowledge Addendums.
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Addendum No. Dated: Ack J" `dged
nn�- G,
Addendum No. Dated: nowl dd y:
Addendum No. Dated: ged by:
• � V
Addendum No. Dated. Acknowledged by:
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City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 5 of 13
Z
City of Fayetteville
Bid 23-23, Hay Field Lease —Airport Property
General Terms and Conditions
1. SUBMISSION OF BID & BID EVALUATION:
a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this
document.
b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing
Division.
c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing
Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received
by the deadline, utilizing the electronic bidding software or as stated in the Nd advertisement.
Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted
shortly after the deadline at City Hall and livestreamed at nnN
https://www.youtube.com/user/cityoffavetteviIlear. No late bids s lf?� accepted. The City of
Fayetteville shall not be responsible for lost or misdirected bids,(°' ( failure of proposer's
technical equipment. .`v
d. The City will not be responsible for misdir ted bids. Bi er�hould call the Purchasing Office at
479.575.8256 to ensure correct receip Ii cling do is rp for to opening time and date
listed on the bid form./ OZk
e. Bidders shall have experience . r�)'Viclinfj pNOQCts a services of the same or similar
nature. �/ N
f. Bidder is advised that e lbwl"s to any9 f tP1e term c tained in this bid must be identified in
its response to the bid. re to d may lea ity to declare any such term non-
negotiable. Proposer's desire to t cepti non-negotiable term will not disqualify it
from consideration for award '►
g. Local time is defined as th ti e in Fay tttee ille, Arkansas on the due date of the deadline. Bids
shall be received be or e timeQ2An by the atomic clock located in the Purchasing Division
Office.
h. Bids will be eV�ie�and awarded based on the best interest of the City of Fayetteville. The City
reserves the,(igN to award bids in their entirety, none, or by line item.
2. WRITTEN REQUE5TMRINTERPRETATIONS OR CLARIFICATION:
No oral interpretNons will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in
writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the
response would provide clarification to the requirements of the bid. All such addenda shall become part of
the contract documents. The City will not be responsible for any other explanation or interpretation of the
proposed bid made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of
quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality,
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 6 of 13
size, design, and specification as to what has been specified, will be acceptable for consideration only if
approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept
or reject any requested equal.
4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the
following:
a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best
interest of the City.
b. The City of Fayetteville reserves the right to accept or reject any or all bids.
c. The City of Fayetteville reserves the right to cancel the entire bid.
d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in
the invitation to bid or in bids submitted.
e. The City of Fayetteville reserves the right to request any necessary clarifies, additional
information, or data without changing the terms of the bid. nn�
5. COSTS INCURRED BY BIDDERS: Z
All expenses involved with the preparation and submission of bids to the i ►any work performed in
connection therewith, shall be borne solely by the bidder(s). No pay till be made for any responses
received, or for any other effort required of, or made y, the bidd sior to contract commencement.
6. CONFLICT OF INTEREST:,
a. The bidder represents that it pres as no in s and acquire no interest, either direct
or indirect which would conflic i a manrl ith or ance or services required
hereunder, as provided in Ci f P�yettevi de S cti 4.26 titled "Authority of City
Employee to Contract wity".
b. All bidders shall promptl tify K itch, Cit P chasing Agent, in writing, of all potential
conflicts of interest for any pro -. e busi ssociation, interest, or other circumstance
which may influence or appe Ynflue bidder's judgment or quality of services being
provided. Such written no ' i ion sha identify the prospective business association, interest or
circumstance, the n t of which flilder may undertake and request an opinion to the City
as to whether the tion, i�terr t or circumstance would, in the opinion of the City,
constitute a c interest it�Fitered into by the bidder. The City agrees to communicate
with the bidde s opinion via e-mail or first-class mail within thirty days of receipt of
notificatior
7. WITHDRAWL 0 P SAL:
A bid may be with rawn prior to the time set for the bid submittal, based on a written request from an
authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid
unless approved by the Purchasing Division.
8. LATE PROPOSAL OR MODIFICATIONS:
Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in
writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids.
Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal
documents prior to opening time and date listed.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 7 of 13
9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall
comply with all local, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified
small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all general contractors to
subcontract portions of their contract to qualified small, minority and women business
enterprises.
10. PROVISION FOR OTHER AGENCIES:
11
12.
Unless otherwise stipulated by the bidder, the bidder agrees to make available to all
departments, municipalities, and counties, the proposal prices submitted in accord]
terms and conditions therein, should any said governmental entity desire to buy
Eligible Users shall mean all state of Arkansas agencies, the legislative and jud, iC
subdivisions (counties, local district school boards, community colleges, rri i
public agencies or authorities), which may desire to purchase under
contract. � IN
COLLUSION: , '`
O
The Proposer, by affixing his or her signature s propos ree
his or her bid is made without previous un jet5ding, AgrV ntcorporation making a proposal for the s m(s) and/c�serv'ces`
outside control, collusion, fraud, or k lw/ise illegayaAon."
RIGHT TO AUDIT, FOIA, AND JURISDIPON: nn �G.J
a. The City of Fayetteville reserve? privile auditing a vendor's records as such records
relate to purchases betty en City an —id vendor.
b. Freedom of Informatio kct. City' is and documents prepared while performing City
contractual work ar ect to(e"�"�ansas Freedom of Information Act. If a Freedom of
Information Ac test is preseWd to the City of Fayetteville, the (Contractor) will do
everything pos le to provide the documents in a prompt and timely manner as prescribed in
the Arkanss�reedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photo �g osts pursuant to the FOIA may be assessed for this compliance.
c. Legal indiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas
law applying to the case.
rnment agencies,
lith said proposal
r this proposal.
ranches, political
lities, counties, or other
s and conditions of the
"bidder certifies that
on with any person, firm or
respects fair, without
13. CITY INDEMNIFICATION:
The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to
the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the
goods and payment thereof by the City.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 8 of 13
14. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for bid apply to this contract except as specifically
stated in the subsequent sections of this document, which take precedence, and should be fully understood
by bidders prior to submitting a proposal on this requirement.
15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event,
should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the
deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing
Division, immediately.
16. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfil�ng contractual
obligations to the City and that such practices will serve as a model for other public i s and private
sector companies.
17. PAYMENTS AND INVOICING: Z
The bidder musts specify in their bid the exact company name and addres must be the same as
p Y p Y .��
invoices submitted for payment as a result of award of this bid. Furth hl successful bidder is responsible
for immediately notifying the Purchasing Division of coQmpany� m�e�Change, which would cause
invoicing to change from the name used at the ti e`origi d�biZT. Payment will be made within thirty
days of invoice received. The City of Fayettevil is credi by an ill not pay any interest, fees, or
penalty for untimely payments. Payments k roce�s ugh 's acceptance of Visa at no
additional costs to the City for expedite pay nt pr hill not agree to any nonrefundable
deposit or retainer that would remairL rty of theCder e 1�1 ourly work actually performed by
the bidder would not justify such f ` %,
18. CANCELLATION: v
a. The City reserves the right to( lz thisa�t without cause by giving thirty (30) days prior
notice to the Contractor i�w�5�1'ng oft�e:$(Nention to cancel or with cause if at any time the
Contractor fails to fulfi r abide f the terms or conditions specified.
b. Failure of the cont r to co ly ith any of the provisions of the contract shall be considered
a material br �i�ontract an shall be cause for immediate termination of the contract at the
discretion of th ity of Fayetteville.
c. In add' i°II other legal remedies available to the City of Fayetteville, the City reserves the
righ cel and obtain from another source, any items and/or services which have not been
deliver d within the period of time from the date of order as determined by the City of
Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the vendor of such occurrence and contract shall terminate of the last day of the current
fiscal period without penalty or expense to the City.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 9 of 13
19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed
without prior written consent of the City. If a bidder intends to subcontract a portion of this
work, the bidder shall disclose such intent in the bid submitted as a result of this bid.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written
notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon
the occurrence of said action, whichever occurs first. The right to terminate this contract, which
shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in
which a corporate acquisition and/or merger represent a conflict of interest or are contrary to
any local, state, or federal laws. Action by the City awarding a proposal to a firm that has
disclosed its intent to assign or subcontract in its response to the bid, without exception shall
constitute approval for purpose of this Agreement.
20. NON-EXCLUSIVE CONTRACT:
21.
Award of this bid shall impose no obligation on the City to utilize the vendor for
may develop during the contract period. This is not an exclusive contract. Th
right to concurrently contract with other companies for similar work if it cJ,
City's best interest. In the case of multiple -term contracts, this provisiq
irk of this type, which
E�cifically reserves the
an action to be in the
apply separately to each item.
LOBBYING: �,
Lobbying of selection committee members, City o F ettevilleoyee or elected officials regarding
request for proposals, request for qualificatio ids or co I s, dur e pendency of bid protest, by
the bidder/proposer/protestor or any me r the bi 's ro s protestor's staff, and agent of the
bidder/proposer/protestor, or any persXerTTloyed y leg e affiliated with or representing an
organization that is responding to test for pr N'asl, req for qualification, bid or contract, or has
P
a pending bid protest is strictly pro ed eith��on advert rent or on a date established by the City of
Fayetteville and shall be prohibited until eithC'?awar i i ►al or the protest is finally resolved by the City
of Fayetteville; provided, however, nothds'
rein sh hibit a prospective/bidder/proposer from
contacting the Purchasing Division tck �s situ ti uch as clarification and/or questions related to the
procurement process. For purpos of2!'�is pr lobbying activities shall include but not be limited to,
influencing or attempting to in acti n-action in connection with any request for proposal,
request for qualification, bid dVtract th h direct or indirect oral or written communication or an
attempt to obtain goodw Nersons and/or entities specified in this provision. Such actions may cause any
request for proposal, reeuue for qualification, bid or contract to be rejected.
22. ADDITIONAL REQ ENTS:
The City reserves e right to request additional services relating to this bid from the bidder. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the
Contractor shall provide such additional requirements as may become necessary.
23. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or
individually, at the City's sole option, at any time after award has been made as may be deemed necessary
or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this
contract in accordance with the terms, conditions, and specifications.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 10 of 13
24. INTEGRITY OF BID DOCUMENTS:
Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in
the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid
form(s) if sufficient space is not available on the original form for the bidder to enter a complete response.
Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise,
will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes
to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the
original bid documents.
25. PRICING
The City reserves the right to re-evaluate bidders in their standing in the event of a vendor price change.
26. OTHER GENERAL CONDITIONS:
a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinance regulations which
in any manner affect those engaged or employed in the Work, or the materialst'Nuipment used, or
that in any way affect the Work and shall in all respects comply with said la ,rdinances, and
regulations. No claim of misunderstanding or ignorance on the part of B' la
Proposer will in any way
serve to modify the provisions of the contract. No representations s binding unless embodied in
the contract.
Q
b. Prices shall include all labor, materials, overhefi�, insur shipping, freight, etc., to cover the
products and services presented. Sales taxsha// beinc/ in th bid price. Applicable Arkansas
sales tax laws will apply when necessary ill not be i ere ikard of this project.
c. Each bidder should state the antici ted ber from to of receipt of an order for
delivery of services to the City of Ei ville.
d. Bidders must provide the City VPfeir bid igned by a loyee having legal authority to submit
bids on behalf of the bidder. The entire c Oprepari nd providing responses shall be borne by the
bidder.
e. The City reserves the right to re� s�y addi iorll"information it deems necessary from any or all
bidders after the submission dlie.
f. The request for bid is not constrLl d an offer, a contract, or a commitment of any kind; nor does
it commit the city to ny costs incurred by bidder in preparation. It shall be clearly understood
that any costs incur r y the Bidder in responding to this solicitation is at the bidder's own risk and
expense as a cos oing business. The City of Fayetteville shall not be liable for reimbursement to the
Bidder for a y se so incurred, regardless of whether or not the submittal is accepted.
g. If products, co ponents, or services other than those described in this bid document are proposed, the
bidder must include complete descriptive literature for each. All requests for additional information
must be received within five working days following the request.
h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone
(479.575.8258) or e-mail (kfitch @fayetteville-ar.goy). It is the intent and goal of the City of Fayetteville
Purchasing Division to provide documents providing a clear and accurate understanding of the scope of
work to be completed and/or goods to be provided. We encourage all interested parties to ask
questions to enable all bidders to be on equal bidding terms.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 11 of 13
Any inquiries or requests for explanation in regard to the City's requirements should be made promptly
to Kenny Fitch, City of Fayetteville, Purchasing Agent via e-mail (kfitch @fayetteviIIe-ar.gov) or telephone
(479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this
request for proposal. All questions, clarifications, and requests, together with answers, if any, will be
provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or
requests will not be disclosed until after a contract is in place.
Any information provided herein is intended to assist the bidder in the preparation of proposals
necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements but is not intended to limit a bid's content or to exclude any relevant or essential data.
k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any
manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on3,`► `leged lack of
jurisdiction or improper venue or any similar basis. .[
I. The successful bidder shall not assign the whole or any part of this Contracts monies due or to
become due hereunder without written consent of City of Fayetteville. I he successful bidder
assigns all or any part of any monies due or to become due under t act, the Instrument of
assignment shall contain a clause substantially to the effect that is a eea that the right of the assignee in
and to any monies due or to become due to the ss1ful bid�Na I be subject to prior liens of all
persons, firms, and corporations for services re��2� or ma Is supplied for the performance of the
services called for in this contract. �[Q
m. The successful bidder's attention is dire t the call i b`le Federal and State laws,
municipal ordinances, and the rules regulation I aut on s aving jurisdiction over the services
shall apply to the contract thro nd they yaill e deerro be included in the contract as though
written out in full herein. The suclo sful bidghall kee �r rself/herself fully informed of all laws,
ordinances and regulations of the Feder �Me, and l ipal governments or authorities in any manner
affecting those engaged or employec$vidin� services or in any way affecting the conduct of the
services and of all orders and deces��bodies or�cibunals having any jurisdiction or authority over same.
If any discrepancy or inconsist y s1' ould, overed in these Contract Documents or in the
specifications herein referre n rela on�p`�ny such law, ordinance, regulation, order or decree, s/he
shall herewith report t 2 �ye in writin City of Fayetteville.
27. INVOICING:
Awarded bidders 3 the City of Fayetteville within thirty (30) days of invoice.
28. ATTACHMENTS D DOCUMENTS:
a. Appendix A— Draft Contract
b. Appendix B — Hay Field Map
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 12 of 13
City of Fayetteville
Bid 23-23, Hay Field Lease —Airport Property
Specification Requirements
1. First annual payment shall be made within thirty (30) days from date of contract award.
2. Bidder acknowledges that price bid is on the entire 90 acres m/I and bids shall not be
accepted for partial acreage. The 90 acres m/I is located south of the Fayetteville Executive
Airport safety fence and east of Hwy 71 ending at the White River. The property extends
north on the east side of airport safety fence between the fence and the river. Access to the
property is available through Frisco Street in Greenland, AR.
3. This lease shall be for the term of five (5) years commencing on the date of contract award in
2023 and ending five (5) years from that date in 2028.
4. Bids shall be signed and completed in its entirety. The City intends on awar bid to the
g p Y Y
highest responsible responsive bidder.
5. This lease shall be for the sole purpose of removing hay. There shall hunting, structural
installation, or removal of any other materials from the proper . v
6. Awarded bidder shall maintain the property i cceptal: n. No livestock are
permitted on the property. &�
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City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 13 of 13
Appendix A - Contract Draft
Aft CITY OF
FAYETTEVILL■
I ARKANSAS
City of Fayetteville
Bid 23-23, Hay Field Lease —Airport Property
Contract Terms: Five (5) Years
This contract (lease) executed this day of , 2023, between the City of Fayetteville,
Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and FULL VENDOR NAME (VENDOR) of FULL
VENDOR ADDRESS, in consideration of the mutual covenants contained herein, the parties agree as follows:
1. Property: The City of Fayetteville hereby leases to VENDOR, and VENDOR hereby leases from City, the
following described property in Washington County, Arkansas (referred to as "leased property"):
2. Term: This lease shall be for a term of five 5 ears commencing on the d e�ff ontract award b
O Y g � Y
Fayetteville City Council in 2023 and ending five (5) years from that date in 0.
3. Payment: In consideration of the City leasing the above described y to VENDOR for the aforesaid
term, VENDOR agrees to pay the City a total sum of $ USD annually, on or before
of each year for the leng po AIease..(
7 5 Nw
4. Conditions: This lease shall be subject t �C6 following il�ditions:'Q
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a. This lease shall be for the* ur ose f ilemovin yrom an or all of the above described
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property as marked as h eld(s) o Z
tachmentnoted on Bid 23-23.
b. VENDOR agrees that livesto -***-- itted to enter upon any land owned by the City
of Fayetteville, or the Ian ded i Is ase.
c. VENDOR shall I main in the property covered by this lease in a good, acceptable
condition; tha will keep all fence rows and drains free and clear of weeds, underbrush, and
obstructionst a I times.
d. VEN shall fertilize the leased lands on an annual basis according to soil test
recommendations. No poultry litter or other animal manure may be applied as fertilizer.
Fertilizer shall be applied in accordance to all local and state regulations.
e. VENDOR agrees to exercise caution and reasonable care during the cutting and removal of hay
so that airport patrons, their property, and/or adjacent property owners are not injured or
endangered.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 1 of 3
f. VENDOR shall brush -hog, or keep the brush cut annually, from all areas not mowed for hay.
g. VENDOR shall not erect any structures or buildings on the leased property including, but not
limited to, fences or gates, without written permission from the City and an amendment to this
contract.
h. VENDOR shall not permit any public nuisance to exist on the leased property.
i. VENDOR shall not cut, remove, or carry off nor allow to be cut, removed, or carried off, from the
leased property any tree, rock, soil, or minerals, except for hay. Furthermore, VENDOR agrees
that they will not hunt or allow hunting by any person or persons on the leased property.
VENDOR agrees that the City, or its agents, shall have the right to e �c+tf�e leased property
J g Y g g � p p Y
when deemed necessary without notification, or compensation ow ENDOR.
k. The City of Fayetteville shall have the right to grant ea `s over, and across the leased
property.
I. VENDOR agrees to hold harmless and i�i 'emnify te ity f any and all claims or damages
I
caused by VENDOR'S activities o feased,p�p y.
m. VENDOR shall not assign* ease or sL�blet an art' of the leased property without first
g � � p p Y
obtaining written conse�},m thet
of Fayett and an amendment to this contract.
V-
n. This agreement may be ter party upon thirty (30) days written notice of
termination to the other rt .
5. Standard Federal) Re uir ondltio der no circumstance shall this lease serve as an exclusive
right to provide thi e. The City of Fayetteville is prohibited by Federal Regulation/Grant
Assurances V, Item �onsor Certification 22 and 23, from granting exclusive privileges to provide
11
services or business. VENDOR shall furnish services on a fair, equal, and not unjustly
discriminate sis to all users of the service provided.
6. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 2 of 3
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and FULL VENDOR NAME by
its authorized officer have made and executed this Agreement as of the day and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Lioneld Jordan, Mayor
ATTEST
:A
Kara Paxton, City Clerk
Date Signed:
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 3 of 3
FULL VENDOR NAME
By:
Signature
Printed Name and Title
Date Signed:
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City of Fayetteville
Bid 23-23, Hay Field Lease —Airport Property
Required Bid Form — Bid Signature & Online Submittal Reqirements
EXECUTION OF BID:
All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder.
Bidders shall also complete submission through the City's online bidding portal (www.favetteville-ar.gov/bids)
and complete and submit all required information, which may include:
• Bid Attributes
• Bid Line Items— Bidders shall bid on all line items and not submit partial bids
• Response Attachments
o Required Bid Form (this form, completed in its entirety)
Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If
specifications of item bid differ from provided literature, deviation shall be documented and certified by the
manufacturer as a regular production option.
PRICE: Bidders shall submit pricing on the City's online bidding portal (www.favetteville-ar.gov/bids) in the
format presented online OR by filling out the bid line item(s) below:
Description
Years
Price per Year
Total Bid
i
Hay Lease Bid for Fayetteville
5
$ &OW, 00
$30 D� 5
4.
Executive Airport Property
Upon signing this Bid, the bidder certifies that:
1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications,
terms, standard conditions, and any pertinent information regarding the articles being bid on.
2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these
requirements as specified by The City of Fayetteville.
3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not
currently boycott Israel and will not boycott Israel during any time in which they are entering into, or
while in contract, with any public entity as defined in §25-1-503. If at any time during contract the
contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing.
City of Fayetteville, AR (::Y/441-11"
Bid 23-23, Hay Field Lease — Airport Property
Page 3 of 13
Unsigned bids will be rejected.
Items marked * are mandatory for consideration.
*NAME OF FIRM: ` h 6
A' ii3an rvn�nn4s_-
O'le�/Pa ments shall be issued to this name
*D/B/A or Corporation Name
-Purchase
/ i�tit/FJ�� %�//iS,,i✓l2� —
*BUSINESS ADDRESS:
*CITY: -�S �Cl i!K
*STATE: *ZIP: ��/
*PHONE:9'6,--
*E-MAIL: C'i�,
42r�) .2s, 40 9 1444cz , 6614
*BY: (PRINTED NAME)
Gi- ClN ipsorn
*AUTHORIZED SIGNATURE
C
*TITLE:
UNIQUE ENTITY NUMBER:
CAGE NUMBER:
*TAX ID NUMBER: 4�Y® -k6—
a�J 94
Acknowledge Addendums:
Addendum No. Dated:
Acknowledged by:
Addendum No. Dated:
Acknowledged by:
Addendum No. Dated:
Acknowledged by:
Addendum No. Dated:
Acknowledged by:
City of Fayetteville, AR
Bid 23-23, Hay Field Lease —Airport Property
Page 5 of 13
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