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2023-08-08 - Agendas - Revised Tentative
City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, August 8, 2023 4:30 PM City Hall Room 219 City Council Members Vacant 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 Pagel of 402 City Council Meeting Tentative Agenda August 8, 2023 ZOOM INFORMATION: 1. WEBINAR ID: 870 0940 2683 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/REGISTER/ WN 2OAER4NITKUBWKLV5EBEIA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS A. CONSENT A.1. APPROVAL OF THE AUGUST 1, 2023 CITY COUNCIL MEETING MINUTES (2023-558) A.2. RAILROAD LIABILITY POLICY (BUDGET ADJUSTMENT): A RESOLUTION TO AUTHORIZE THE PURCHASE OF A RAILROAD GENERAL LIABILITY POLICY TO COVER CURRENT AND FUTURE RAILROAD CROSSING IMPROVEMENTS AT A COST OF $54,000.00 FOR ONE YEAR OF COVERAGE, AND TO APPROVE A BUDGET ADJUSTMENT (2023-961) A.3. EXCELLERATE FOUNDATION GRANT TO THE SAFE PROGRAM (BUDGET ADJUSTMENT): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $25,000.00 TO RECOGNIZE AND BUDGET AN EXCELLERATE FOUNDATION GRANT TO THE CITY OF FAYETTEVILLE SHELTER ASSISTANCE FROM EXTREME WEATHER PROGRAM (2023-954) A.4. JWC ENVIRONMENTAL (EQUIPMENT REPAIR): A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $81,151.09 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JWC ENVIRONMENTAL FOR THE REPAIR OF A CHANNEL MONSTER GRINDER USED AT THE HAMESTRING SEWER LIFT STATION (2023-947) A.S. USGS STREAM GAUGE OPERATION (FUNDING AGREEMENT): City of Fayetteville, Arkansas page 2 Page 2 of 402 City Council Meeting Tentative Agenda August 8, 2023 A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2023 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $56,930.00 (2023-956) A.6. FIRE DEPARTMENT ADMINISTRATIVE POLICIES APPROVAL (POLICY CHANGES): DEPARTMENT POLICIES WITHIN SECTION 100 GENERAL INFORMATION AND INTRODUCTION, AND SECTION 200 SAFETY, HEALTH & WELLNESS (2023-963) A.7. INVERIS VIRTUAL REALITY SIMULATOR (PURCHASE AGREEMENT): A RESOLUTION TO AWARD RFP 23-09 AND AUTHORIZE THE PURCHASE OF A VIRTUAL REALITY SIMULATOR FROM INVERIS FOR THE AMOUNT OF $106,149.53 PLUS ANY APPLICABLE TAXES OR FREIGHT CHARGES FOR POLICE PERSONNEL TRAINING (2023-946) -_3111111111111 ]ALos: IA_101z10 B.1. PUBLIC HEARING ON MONTHLY WATER AND SEWER RATE /_1►vi14LIIQLyi14zkI; ITEM 2022-319, DISCUSSION ON RECOMMENDATION FOR WATER AND SEWER RATES EFFECTIVE JANUARY 1, 2024 HAS BEEN PLACED UNDER UNFINISHED BUSINESS AS C.1. THE PUBLIC WILL BE ALLOWED TO SPEAK AFTER THE ORDINANCE HAS BEEN READ (2023-948) C. UNFINISHED BUSINESS C.1. AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES: AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATES AS RECOMMENDED BY THE COST OF SERVICE STUDY CONDUCTED BY BLACK & VEATCH (2022-319) D. NEW BUSINESS D.1. NABHOLZ CONSTRUCTION CO. (CHANGE ORDER): A RESOLUTION TO APPROVE CHANGE ORDER NO. 13 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $5,521,396.00 FOR WORK RELATED TO THE CULTURAL ARTS CORRIDOR, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 CULTURAL ARTS City of Fayetteville, Arkansas page 3 Page 3 of 402 City Council Meeting Tentative Agenda August 8, 2023 CORRIDOR BOND PROJECT (2023-953) D.2. FAYETTEVILLE FIRE RELIEF AND PENSION PROGRAM CONSOLIDATION (LOPFI): AN ORDINANCE TRANSFERRING ADMINISTRATION OF RETIREMENT COVERAGE FOR ELIGIBLE MEMBERS OF THE FAYETTEVILLE FIRE RELIEF AND PENSION FUND TO THE ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM (LOPFI) AND AUTHORIZING THE MAYOR TO ENTER INTO AN IRREVOCABLE AGREEMENT WITH LOPFI (2023-942) D.3. UDC §157 -NOTICE OF ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS (AMENDMENT): AN ORDINANCE TO AMEND §157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS (2023-950) DA. REZONING - 2023-0017: (N. TRUCKERS DR./THE LENNON, 208): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-017 LOCATED NEAR NORTH TRUCKERS DRIVE IN WARD 2 FOR APPROXIMATELY 20.23 ACRES FROM RPZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RMF-18, RESIDENTIAL MULTI -FAMILY, 18 UNITS PER ACRE (2023-952) D.S. MISTY SIMPSON (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 $50,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET (2023-962) PROPOSED AGENDA ADDITIONS 1. RENTAL EQUIPMENT PROCUREMENT PROCEDURE (BIDDING WAIVER): A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PROCUREMENT OF RENTAL EQUIPMENT FROM VARIOUS VENDORS IN EXCESS OF $35,000.00 BUT TO REQUIRE AT LEAST 3 WRITTEN OR PUBLISHED QUOTES FOR EACH RENTAL (2023-1005) E. CITY COUNCIL AGENDA SESSION PRESENTATIONS F. CITY COUNCIL TOUR G. ANNOUNCEMENTS H. ADJOURNMENT City of Fayetteville, Arkansas page 4 Page 4 of 402 City Council Meeting Tentative Agenda August 8, 2023 City of Fayetteville, Arkansas page 5 Page 5 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 CITY COUNCIL MEMO 2023-961 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer Susan Norton, Chief of Staff FROM: Les McGaugh, Purchasing Director Chris Brown, Public Works Director DATE: July 27, 2023 SUBJECT: Purchase of a Protective Railroad General Liability Policy RECOMMENDATION: A Resolution to authorize the purchase of a railroad general liability policy for current and future railroad crossing improvements utilizing the City's insurance broker HUB International, and to approve a budget adjustment. BACKGROUND: The City has historically carried a railroad protective liability policy for the Arkansas & Missouri railroad to protect the City and the Railroad during maintenance and improvements along the trails bordering the railroad property and at railroad crossings. DISCUSSION: As a result of the additional crossings at Futrall and Shiloh, the Arkansas & Missouri Railroad has requested a more comprehensive and larger general liability Policy. They City's insurance broker, HUB International solicited competitive rates and has provided the City with a quote of $54,600.00 for this Railroad General Liability Policy. BUDGET/STAFF IMPACT: A budget adjustment for this policy is attached. ATTACHMENTS: Staff Review Form - BA For RR Liability Policy, 2023-961 BA General Liability RR, COFGLapp, COFExcessLiabapp, City of Fayetteville RSUI XS Quote, City of Fayetteville RSUI GL Quote (003) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 6 of 402 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-961 Purchase of a Protective Railroad General Liability Policy A RESOLUTION TO AUTHORIZE THE PURCHASE OF A RAILROAD GENERAL LIABILITY POLICY TO COVER CURRENT AND FUTURE RAILROAD CROSSING IMPROVEMENTS AT A COST OF $54,000.00 FOR ONE YEAR OF COVERAGE, 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 railroad general liability policy to cover current and future railroad crossing improvements at a cost of $54,000.00 for one year of coverage. 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 7 of 402 Les McGaugh Submitted By City of Fayetteville Staff Review Form 2023-961 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2023 PURCHASING (160) Submitted Date Division / Department Action Recommendation: A Resolution to authorize the purchase of a railroad general liability policy for current and future railroad crossing improvements utilizing the City's insurance broker HUB International, and to approve a budget adjustment. 1010.520.5260-5311 Account Number N/A Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget General Fund N/A Project Title $ 20,208.00 $ 20, 208.00 Fs $ 54,600.00 $ 54,600.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 8 of 402 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division PURCHASING (160) Adjustment Number /Org2 2023 Requestor: Les McGaugh BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Resolution to authorize the purchase of a railroad general liability policy for current and future railroad crossing improvements utilizing the City's insurance broker HUB International, and to approve a budget adjustment. COUNCIL DATE: 8/15/2023 ITEM ID#: 2023-961 Nolly Black 712712023 7:00 P/71 Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 54,600 54,600 v.202373 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.520.5260-5311.00 54,600 - EX Insurance - Vehicles/Buildings 1010.001.0001-4999.99 - 54,600 RE Use Fund Balance - Current I of 1 Page 9 of 402 DKING1 ACORO COMMERCIAL INSURANCE APPLICATION DATE(MM/DD/YYYY) APPLICANT INFORMATION SECTION 07/05/2023 AGENCY CARRIER NAIC CODE Hub International Mid -America N/A 6100 S. Yale Avenue Suite 1900 COMPANY POLICY OR PROGRAM NAME PROGRAM CODE Tulsa, OK 74136 POLICY NUMBER CONTACT NAME: UNDERWRITER UNDERWRITER OFFICE PHONE 359-6000 A/C No Ext(918) ((918) 359-6001 AIC A/C No QUOTE ISSUE POLICY RENEW E-MAIL ADDRESS: STATUS OF TRANSACTION te h Attach Give ae and/or ac d/ Da BOUND ( Copy): CODE: SUBCODE: CHANGE DATE TIME AM AGENCY CUSTOMER ID: FAYETTE-01 License # 100101891 CANCEL PM LINES OF BUSINESS INDICATE LINES OF BUSINESS PREMIUM PREMIUM PREMIUM BOILER & MACHINERY $ CYBER AND PRIVACY $ YACHT $ BUSINESS AUTO $ FIDUCIARY LIABILITY $ $ BUSINESS OWNERS $ GARAGE AND DEALERS $ $ X COMMERCIAL GENERAL LIABILITY $ LIQUOR LIABILITY $ $ COMMERCIAL INLAND MARINE $ MOTOR CARRIER $ $ COMMERCIAL PROPERTY $ TRUCKERS $ $ CRIME $ I I UMBRELLA $ $ ATTACHMENTS ACCOUNTS RECEIVABLE / VALUABLE PAPERS GLASS AND SIGN SECTION STATEMENT / SCHEDULE OF VALUES ADDITIONAL INTEREST SCHEDULE HOTEL / MOTEL SUPPLEMENT STATE SUPPLEMENT (If applicable) ADDITIONAL PREMISES INFORMATION SCHEDULE INSTALLATION / BUILDERS RISK SECTION VACANT BUILDING SUPPLEMENT APARTMENT BUILDING SUPPLEMENT INTERNATIONAL LIABILITY EXPOSURE SUPPLEMENT VEHICLE SCHEDULE CONDO ASSN BYLAWS (for D&O Coverage only) INTERNATIONAL PROPERTY EXPOSURE SUPPLEMENT CONTRACTORS SUPPLEMENT LOSS SUMMARY COVERAGES SCHEDULE OPEN CARGO SECTION DEALERS SECTION PREMIUM PAYMENT SUPPLEMENT DRIVER INFORMATION SCHEDULE PROFESSIONAL LIABILITY SUPPLEMENT ELECTRONIC DATA PROCESSING SECTION RESTAURANT / TAVERN SUPPLEMENT 1911 [wI.I Mo] N LTAet 0 [61.1 PROPOSED EFF DATE PROPOSED EXP DATE BILLING PLAN PAYMENT PLAN METHOD OF PAYMENT AUDIT DEPOSIT MINIMUM POLICY PREMIUM PREMIUM 07/15/2023 07/15/2024 k $ $ $ DIRECT AGENCY ArrLwAry I lNrUKIVIA 11UN NAME (First Named Insured) AND MAILING ADDRESS (including ZIP+4) GL CODE SIC NAICS FEIN OR SOC SEC # City of Fayetteville 9121 921120 113 W Mountain, Room 306 BUSINESS PHONE#: (479) 575-8289 Fayetteville, AR 72701 WEBSITE ADDRESS CORPORATION JOINT VENTURE HLLC NOT FOR PROFIT ORG SUBCHAPTER "S" CORPORATION NO OF MEMBERS INDIVIDUAL AND MANAGERS: PARTNERSHIP TRUST NAME (Other Named Insured) AND MAILING ADDRESS (including ZIP+4) GL CODE SIC NAICS FEIN OR SOC SEC # BUSINESS PHONE #: WEBSITE ADDRESS CORPORATION JOINT VENTURE NOT FOR PROFIT ORG SUBCHAPTER "S" CORPORATION INDIVIDUAL LLC NO OF MEMBERS AND MANAGER 4 S: PARTNERSHIP TRUST NAME (Other Named Insured) AND MAILING ADDRESS (including ZIP+4) GL CODE SIC NAICS FEIN OR SOC SEC # BUSINESS PHONE #: WEBSITE ADDRESS CORPORATION JOINT VENTURE HLLC NOT FOR PROFIT ORG SUBCHAPTER "S" CORPORATION INDIVIDUAL NO. OF MEMBERS AND MANAGERS: PARTNERSHIP TRUST ACORD 125 (2016/03) Page 1 of 4 © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 10 of 402 CONTACT INFORMATION AGENCY CUSTOMER ID: FAYETTE-01 DKING1 CONTACT TYPE: CONTACT NAME: CONTACT TYPE: CONTACT NAME: PH0 ER# [I HOME u BUS El CELL PHONE# RY ❑HOME ❑BUS ❑CELL EPRIMAR# ❑HOME ❑BUS ❑CELL NDAPHO PHONE# RY [I HOME [I BUS El CELL PRIMARY E-MAIL ADDRESS: SECONDARY E-MAIL ADDRESS: PRIMARY E-MAIL ADDRESS: SECONDARY E-MAIL ADDRESS: YKtMI,t, INFUKMA I IUN Attacn AL;UKU 5ZJ Tor AtIaitional t'remiseS LOC # STREET CITY LIMITS INTEREST Futrall Drive and Gregg St, 1 X INSIDE OWNER BLD# ciTY:Fayetteville STATE: AR OUTSIDE TENANT 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: STREET LOC # Shiloh Drive and Gregg St CITY LIMITS INTEREST 2 INSIDE OWNER BLD# ciTY:Fayetteville STATE: AR OUTSIDE TENANT 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: STREET LOC # Razorback Road & W. 15th. St CITY LIMITS INTEREST 3 INSIDE OWNER BLD# ciTY:Fayetteville STATE: AR OUTSIDE TENANT 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: STREET LOC # CITY LIMITS INTEREST Various -Walking Trail 4 X INSIDE OWNER BLD# ciTY:Fayetteville STATE: AR OUTSIDE TENANT 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: IATURE OF BUSINESS APARTMENTS DESCRIPTION OF PRIMARY OPERATIONS Walking trail, railroad crossings RETAIL STORES OR SERVICE OPERATIONS % OF TOTAL SALES: DESCRIPTION OF OPERATIONS OF OTHER NAMED INSUREDS # FULL TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT # PART TIME EMPL OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N # FULL TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT # PART TIME EMPL OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N # FULL TIME EMPL # PART TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N # FULL TIME EMPL # PART TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N SERVICE LX WHOLESALE INSTALLATION, SERVICE OR REPAIR WORK act Curt DATE BUSINESS ews-HUB Idaho cur STARTED (MM/DD/YYYY) OFF PREMISES INSTALLATION, SERVICE OR REPAIR WORK AUUI I IUNAL IN I tKtS I (Not all TIews apply to all Scenarios - provicie only the necessary ciata) Attacn A(;UKU 40 Tor more AOClltlonal Interests INTEREST ADDITIONAL AL BREACH OF WARRANTY CO-OWNER I EMPLOYEE AS LESSOR LEASEBACK OWNER LENDER'S LOSS PAYABLE X Specific Contract NAME AND ADDRESS RANK: I EVIDENCE: CERTIFICATE POLICY SEND BILL LIENHOLDER Arkansas & Missouri Railroad Company LOSS PAYEE �306 East Emma Springdale, AR 72764 MORTGAGEE OWNER REGISTRANT INTEREST IN ITEM NUMBER LOCATION: BUILDING: VEHICLE: BOAT: AIRPORT: AIRCRAFT: ITEM CLASS: ITEM: ITEM DESCRIPTION FAX (A/C, No): TRUSTEE REFERENCE / LOAN #: INTEREST END DATE: LIEN AMOUNT: PHONE (A/C, No, Ext): REASON FOR INTEREST: Contract E-MAIL ADDRESS: ACORD 125 (2016/03) Page 2 of 4 Page 11 of 402 GENERAL INFORMATION AGENCY CUSTOMER ID: FAYETTE-01 DKING1 EXPLAIN ALL "YES" RESPONSES la. IS THE APPLICANT A SUBSIDIARY OF ANOTHER ENTITY ? PARENT COMPANY NAME RELATIONSHIP DESCRIPTION %OWNED 1 b. DOES THE APPLICANT HAVE ANY SUBSIDIARIES? COMPANY NAME RELATIONSHIP DESCRIPTION %OWNED 2. IS A FORMAL SAFETY PROGRAM IN OPERATION? SAFETY MANUAL SAFETY POSITION MONTHLY MEETINGS I OSHA 3. ANY EXPOSURE TO FLAMMABLES, EXPLOSIVES, CHEMICALS? Y / N N INSUBSIDIARY Y N 4. ANY OTHER INSURANCE WITH THIS COMPANY? (List policy numbers) LINE OF BUSINESS POLICY NUMBER LINE OF BUSINESS POLICY NUMBER ANY POLICY OR COVERAGE DECLINED, CANCELLED OR NON -RENEWED DURING THE PRIOR THREE (3) YEARS FOR ANY PREMISES OR OPERATIONS? (Missouri A plicants - Do not answer this question) NON-PAYMENT AGENT NO LONGER REPRESENTS CARRIER u NON -RENEWAL UNDERWRITING CONDITION CORRECTED (Describe): N N 5. 6. ANY PAST LOSSES OR CLAIMS RELATING TO SEXUAL ABUSE OR MOLESTATION ALLEGATIONS, DISCRIMINATION OR NEGLIGENT HIRING? N 7. DURING THE LAST FIVE YEARS (TEN IN RI), HAS ANY APPLICANT BEEN INDICTED FOR OR CONVICTED OF ANY DEGREE OF THE CRIME OF FRAUD, BRIBERY, ARSON OR ANY OTHER ARSON -RELATED CRIME IN CONNECTION WITH THIS OR ANY OTHER PROPERTY? (In RI, this question must be answered by any applicant for property insurance. Failure to disclose the existence of an arson conviction is a misdemeanor punishable by a sentence of up to one year of imprisonment). N 8. ANY UNCORRECTED FIRE AND/OR SAFETY CODE VIOLATIONS? N OCCUR DATE EXPLANATION RESOLUTION RESOLVE DATE 9. HAS APPLICANT HAD A FORECLOSURE, REPOSSESSION, BANKRUPTCY OR FILED FOR BANKRUPTCY DURING THE LAST FIVE (5) YEARS? N OCCUR DATE EXPLANATION RESOLUTION RESOLVE DATE 10. HAS APPLICANT HAD A JUDGEMENT OR LIEN DURING THE LAST FIVE (5) YEARS? OCCUR DATE EXPLANATION RESOLUTION RESOLVE DATE 11. 12. 13. 14. 15. HAS BUSINESS BEEN PLACED IN A TRUST? NAME OF TRUST: ANY FOREIGN OPERATIONS, FOREIGN PRODUCTS DISTRIBUTED IN USA, OR US PRODUCTS SOLD / DISTRIBUTED IN FOREIGN COUNTRIES? (If "YES', attach ACORD 815 for Liability Exposure and/or ACORD 816 for Property Exposure) DOES APPLICANT HAVE OTHER BUSINESS VENTURES FOR WHICH COVERAGE IS NOT REQUESTED? DOES APPLICANT OWN / LEASE / OPERATE ANY DRONES? (If "YES', describe use) DOES APPLICANT HIRE OTHERS TO OPERATE DRONES? (If "YES', describe use) N N N N N N REMARKS / PROCESSING INSTRUCTIONS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PRIOR CARRIER INFORMATION YEAR I CATEGORY GENERAL LIABILITY CARRIER AUTOMOBILE PROPERTY OTHER: $ POLICY NUMBER PREMIUM $ $ $ EFFECTIVE DATE EXPIRATION DATE ACORD 125 (2016/03) Page 3 of 4 Page 12 of 402 PRIOR CARRIER INFORMATION (continued) AGENCY CUSTOMER ID: FAYETTE-01 DKINIG1 YEAR CATEGORY GENERAL LIABILITY AUTOMOBILE PROPERTY CARRIER POLICY NUMBER PREMIUM $ $ $ EFFECTIVE DATE EXPIRATION DATE CARRIER OTHER: $ POLICY NUMBER PREMIUM $ $ $ $ EFFECTIVE DATE EXPIRATION DATE LOSS HISTORY I I Check if none (Attach Loss Summary for Additional Loss Information) ENTER ALL CLAIMS OR LOSSES (REGARDLESS OF FAULT AND WHETHER OR NOT INSURED) OR OCCURRENCES THAT MAY GIVE RISE TO CLAIMS FOR THE LAST YEARS TOTAL LOSSES: $ DATE OF OCCURRENCE LINE TYPE / DESCRIPTION OF OCCURRENCE OR CLAIM DATE OF CLAIM AMOUNT PAID AMOUNT RESERVED SUBRO- GATION Y/N CLAIM OPEN Y/N Copy of the Notice of Information Practices (Privacy) has been given to the applicant. (Not required in all states, contact your agent or broker for your state's requirements.) PERSONAL INFORMATION ABOUT YOU, INCLUDING INFORMATION FROM A CREDIT OR OTHER INVESTIGATIVE REPORT, MAY BE COLLECTED FROM PERSONS OTHER THAN YOU IN CONNECTION WITH THIS APPLICATION FOR INSURANCE AND SUBSEQUENT AMENDMENTS AND RENEWALS. SUCH INFORMATION AS WELL AS OTHER PERSONAL AND PRIVILEGED INFORMATION COLLECTED BY US OR OUR AGENTS MAY IN CERTAIN CIRCUMSTANCES BE DISCLOSED TO THIRD PARTIES WITHOUT YOUR AUTHORIZATION. CREDIT SCORING INFORMATION MAY BE USED TO HELP DETERMINE EITHER YOUR ELIGIBILITY FOR INSURANCE OR THE PREMIUM YOU WILL BE CHARGED. WE MAY USE A THIRD PARTY IN CONNECTION WITH THE DEVELOPMENT OF YOUR SCORE. YOU MAY HAVE THE RIGHT TO REVIEW YOUR PERSONAL INFORMATION IN OUR FILES AND REQUEST CORRECTION OF ANY INACCURACIES. YOU MAY ALSO HAVE THE RIGHT TO REQUEST IN WRITING THAT WE CONSIDER EXTRAORDINARY LIFE CIRCUMSTANCES IN CONNECTION WITH THE DEVELOPMENT OF YOUR CREDIT SCORE. THESE RIGHTS MAY BE LIMITED IN SOME STATES. PLEASE CONTACT YOUR AGENT OR BROKER TO LEARN HOW THESE RIGHTS MAY APPLY IN YOUR STATE OR FOR INSTRUCTIONS ON HOW TO SUBMIT A REQUEST TO US FOR A MORE DETAILED DESCRIPTION OF YOUR RIGHTS AND OUR PRACTICES REGARDING PERSONAL INFORMATION. (Not applicable in AZ, CA, DE, KS, MA, MN, ND, NY, OR, VA, or WV. Specific ACORD 38s are available for applicants in these states.) (Applicant's Initials): Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Applicable in NJ: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCER'S SIGNATURE PRODUCER'S NAME (Please Print) (Required in Florida) APPLICANT'S SIGNATURE DATE I NATIONAL PRODUCER NUMBER ACORD 125 (2016/03) Page 4 of 4 Page 13 of 402 /1 ACORO`" AGENCY Hub International Mid -America POLICY NUMBER AGENCY CUSTOMER ID: FAYETTE-01 COMMERCIAL GENERAL LIABILITY SECTION CARRIER EFFECTIVE DATE APPLICANT / FIRST NAMED INSURED 07/15/2023 City of Fayetteville DKING1 DATE (MM/DD/YYYY) 07/05/2023 NAIC CODE N/A IMPORTANT - If CLAIMS MADE is checked in the COVERAGE / LIMITS section below, this is an application for a claims -made policy. Read all provisions of the policy carefully. CCIVFRAnFR I IMITR X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F] OCCURRENCE OWNER'S & CONTRACTOR'S PROTECTIVE GENERAL AGGREGATE LIMIT APPLIES PER: POLICY LOCATION PROJECT OTHER: PRODUCTS & COMPLETED OPERATIONS AGGREGATE $ 2,000,000 $ 2 000 OOO PREMIUMS PREMISES/OPERATIONS PRODUCTS DEDUCTIBLES PROPERTY DAMAGE $5,000 PER BODILY INJURY $ B CLAIM Ix PER $ X OCCURRENCE PERSONAL& ADVERTISING INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OTHER DAMAGE TO RENTED PREMISES each occurrence $ 50,000 MEDICAL EXPENSE (Any oneperson) $ 5,000 TOTAL EMPLOYEE BENEFITS $ OTHER COVERAGES, RESTRICTIONS AND/OR ENDORSEMENTS (For hired/non-owned auto coverages attach the applicable state Business Auto Section, ACORD 137) APPLICABLE ONLY IN WISCONSIN: IF NON -OWNED ONLY AUTO COVERAGE IS TO BE PROVIDED UNDER THE POLICY: 1. UM / UIM COVERAGE IS F_ IS NOT AVAILABLE. 2. MEDICAL PAYMENTS COVERAGE IS IS NOT AVAILABLE. RRMFni i1 F nF HA7AR11R LOC # HAZ # CLASSIFICATION CLASS PREMIUM CODE BASIS Railroad Street Crossing U Railroad Street Crossing U Railroad Street Crossing U Walking Trail F EXPOSURE TERR RATE PREM/OPS I PRODUCTS PREMIUM PREM/OPS PRODUCTS 1 1 1 2 1 1 3 1 1 4 1 2734 RATING AND PREMIUM BASIS (P) PAYROLL - PER $1,000/PAY (C) TOTAL COST - PER $1,000/COST (U) UNIT - PER UNIT (S) GROSS SALES - PER $1,000/SALES (A) AREA - PER 1,000/SQ FT (M) ADMISSIONS - PER 1,000/ADM (T) OTHER EXPLAIN ALL "YES" RESPONSES 1. PROPOSED RETROACTIVE DATE: 2. ENTRY DATE INTO UNINTERRUPTED CLAIMS MADE COVERAGE: 3. HAS ANY PRODUCT, WORK, ACCIDENT, OR LOCATION BEEN EXCLUDED, UNINSURED OR SELF -INSURED FROM ANY PREVIOUS COVERAGE? 4. WAS TAIL COVERAGE PURCHASED UNDER ANY PREVIOUS POLICY? EMPLOYEE BENEFITS LIABILITY 1. DEDUCTIBLE PER CLAIM: $ 3. NUMBER OF EMPLOYEES COVERED BY EMPLOYEE BENEFITS PLANS: 2. NUMBER OF EMPLOYEES: 4. RETROACTIVE DATE: ACORD 126 (2014/04) Attach to ACORD 125 © 1993-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 14 Of 402 AGENCY CLISTOMER In. FAYETTE-01 DKING1 UUNIKAVIUK, EXPLAIN ALL "YES" RESPONSES (For all past or present operations) 1. DOES APPLICANT DRAW PLANS, DESIGNS, OR SPECIFICATIONS FOR OTHERS? 2. DO ANY OPERATIONS INCLUDE BLASTING OR UTILIZE OR STORE EXPLOSIVE MATERIAL? 3. DO ANY OPERATIONS INCLUDE EXCAVATION, TUNNELING, UNDERGROUND WORK OR EARTH MOVING? 4. DO YOUR SUBCONTRACTORS CARRY COVERAGES OR LIMITS LESS THAN YOURS? 5. ARE SUBCONTRACTORS ALLOWED TO WORK WITHOUT PROVIDING YOU WITH A CERTIFICATE OF INSURANCE? 6. DOES APPLICANT LEASE EQUIPMENT TO OTHERS WITH OR WITHOUT OPERATORS? DESCRIBE THE TYPE OF WORK SUBCONTRACTED 5 PAID TO SUB- CONTRACTORS: PRODUCTS / COMPLETED OPERATIONS Y/N N N N N N i PRODUCTS ANNUAL GROSS SALES # OF UNITS MARKET EX LIFE ED INTENDED USE PRINCIPAL COMPONENTS EXPLAIN ALL "YES" RESPONSES (For all pastor present products or operations) PLEASE ATTACH LITERATURE, BROCHURES, LABELS, WARNINGS, ETC. Y / N 1. DOES APPLICANT INSTALL, SERVICE OR DEMONSTRATE PRODUCTS? 2. FOREIGN PRODUCTS SOLD, DISTRIBUTED, USED AS COMPONENTS? (If "YES', attach ACORD 815) 3. RESEARCH AND DEVELOPMENT CONDUCTED OR NEW PRODUCTS PLANNED? 4. GUARANTEES, WARRANTIES, HOLD HARMLESS AGREEMENTS? 5. PRODUCTS RELATED TO AIRCRAFT/SPACE INDUSTRY? 6. PRODUCTS RECALLED, DISCONTINUED, CHANGED? 7. PRODUCTS OF OTHERS SOLD OR RE -PACKAGED UNDER APPLICANT LABEL? 8. PRODUCTS UNDER LABEL OF OTHERS? 9. VENDORS COVERAGE REQUIRED? 10. DOES ANY NAMED INSURED SELL TO OTHER NAMED INSUREDS? ACORD 126 (2014/04) Page 2 of 4 Page 15 of 402 AGENCY CUSTOMER ID: FAYETTE-01 DKING1 ADDITIONAL INTEREST / CERTIFICATE RECIPIENT ACORD 45 attached for additional names INTEREST NAME AND ADDRESS RANK: EVIDENCE: CERTIFICATE INTEREST IN ITEM NUMBER ADDITIONAL INSURED LOCATION: BUILDING: EMPLOYEE AS LESSOR ITEM ITEM: CLASS: LIENHOLDER ITEM DESCRIPTION LOSS PAYEE MORTGAGEE REFERENCE / LOAN #: GENERAL INFORMATION EXPLAIN ALL "YES" RESPONSES (For all past or present operations) Y / N 1. 2. ANY MEDICAL FACILITIES PROVIDED OR MEDICAL PROFESSIONALS EMPLOYED OR CONTRACTED? ANY EXPOSURE TO RADIOACTIVE/NUCLEAR MATERIALS? N N 3. DO/HAVE PAST, PRESENT OR DISCONTINUED OPERATIONS INVOLVE(D) STORING, TREATING, DISCHARGING, APPLYING, DISPOSING, OR TRANSPORTING OF HAZARDOUS MATERIAL? (e.g. landfills, wastes, fuel tanks, etc) N 4. ANY OPERATIONS SOLD, ACQUIRED, OR DISCONTINUED IN LAST FIVE (5) YEARS? N 5. DO YOU RENT OR LOAN EQUIPMENT TO OTHERS? N EQUIPMENT TYPE OF EQUIPMENT INSTRUCTION GIVEN (YIN) SMALL TOOLS LARGE EQUIPMENT SMALL TOOLS LARGE EQUIPMENT 6. ANY WATERCRAFT, DOCKS, FLOATS OWNED, HIRED OR LEASED? N 7. ANY PARKING FACILITIES OWNED/RENTED? N 8. IS A FEE CHARGED FOR PARKING? N 9. RECREATION FACILITIES PROVIDED? N 10. ARE THERE ANY LODGING OPERATIONS INCLUDING APARTMENTS? (If "YES", answer the following): N # APTS TOTAL APT AREA Sq. Ft. DESCRIBE OTHER LODGING OPERATIONS 11. IS THERE A SWIMMING POOL ON PREMISES? (Check all that apply) APPROVED FENCE LIMITED ACCESS DIVING BOARD SLIDE ABOVE GROUND IN GROUND LIFE GUARD N 12. ARE SOCIAL EVENTS SPONSORED? N 13. ARE ATHLETIC TEAMS SPONSORED? TYPE OF SPORT CONTACT AGE GROUP TYPE OF SPORT CONTACT AGE GROUP SPORT (Y/N) 13- 18 SPORT (Y/N) 13 - 18 12 &UNDER OVER 18 12 &UNDER OVER 18 EXTENT OF SPONSORSHIP: EXTENT OF SPONSORSHIP: N 14. ANY STRUCTURAL ALTERATIONS CONTEMPLATED? N 15. ANY DEMOLITION EXPOSURE CONTEMPLATED? N ACORD 126 (2014/04) Page 3 of 4 Page 16 of 402 GENERAL INFORMATION (continued) AGENCY CUSTOMER ID: FAYETTE-01 DKING1 EXPLAIN ALL "YES" RESPONSES (For all past or present operations) Y / N 16. HAS APPLICANT BEEN ACTIVE IN OR IS CURRENTLY ACTIVE IN JOINT VENTURES? N 17. DO YOU LEASE EMPLOYEES TO OR FROM OTHER EMPLOYERS? WORKERS COMPENSATION COVERAGE CARRIED (Y/N) N LEASE TO WORKERS COMPENSATION COVERAGE CARRIED (Y/N) LEASE FROM 18. IS THERE A LABOR INTERCHANGE WITH ANY OTHER BUSINESS OR SUBSIDIARIES? N 19. ARE DAY CARE FACILITIES OPERATED OR CONTROLLED? N 20. HAVE ANY CRIMES OCCURRED OR BEEN ATTEMPTED ON YOUR PREMISES WITHIN THE LAST THREE (3) YEARS? N 21. IS THERE A FORMAL, WRITTEN SAFETY AND SECURITY POLICY IN EFFECT? N 22. DOES THE BUSINESSES' PROMOTIONAL LITERATURE MAKE ANY REPRESENTATIONS ABOUT THE SAFETY OR SECURITY OF THE PREMISES? N REMARKS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SIGNATURE Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Applicable in NJ: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) ears. THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCER'S SIGNATURE PRODUCER'S NAME (Please Print) STATE PRODUCER LICENSE NO (Required in Florida) �✓F J �S APPLICANT'S SIGNATURE DATE NATIONAL PRODUCER NUMBER ACORD 126 (2014104) Page 4 of 4 Page 17 of 402 DKING1 ACORO COMMERCIAL INSURANCE APPLICATION DATE(MM/DD/YYYY) APPLICANT INFORMATION SECTION 07/05/2023 AGENCY CARRIER NAIC CODE Hub International Mid -America N/A 6100 S. Yale Avenue Suite 1900 COMPANY POLICY OR PROGRAM NAME PROGRAM CODE Tulsa, OK 74136 POLICY NUMBER CONTACT NAME: UNDERWRITER UNDERWRITER OFFICE PHONE 359-6000 A/C Ext(918) ( (918) 359-6001 A/C No X QUOTE ISSUE POLICY Ll RENEW E-MAIL ADDRESS: STATUS OF TRANSACTION te Give ae and/or ac d/ Dah Attach BOUND ( Copy): CODE: SUBCODE: CHANGE DATE TIME AM AGENCY CUSTOMER ID: FAYETTE-01 License # 100101891 CANCEL PM LINES OF BUSINESS INDICATE LINES OF BUSINESS PREMIUM PREMIUM PREMIUM BOILER & MACHINERY $ CYBER AND PRIVACY $ YACHT $ BUSINESS AUTO $ FIDUCIARY LIABILITY $ X Excess Liability $ BUSINESS OWNERS $ GARAGE AND DEALERS $ $ COMMERCIAL GENERAL LIABILITY $ LIQUOR LIABILITY $ $ COMMERCIAL INLAND MARINE $ MOTOR CARRIER $ $ COMMERCIAL PROPERTY I $ I TRUCKERS $ $ CRIME I $ I I UMBRELLA $ $ ATTACHMENTS ACCOUNTS RECEIVABLE / VALUABLE PAPERS GLASS AND SIGN SECTION STATEMENT / SCHEDULE OF VALUES ADDITIONAL INTEREST SCHEDULE HOTEL / MOTEL SUPPLEMENT STATE SUPPLEMENT (If applicable) ADDITIONAL PREMISES INFORMATION SCHEDULE INSTALLATION / BUILDERS RISK SECTION VACANT BUILDING SUPPLEMENT APARTMENT BUILDING SUPPLEMENT INTERNATIONAL LIABILITY EXPOSURE SUPPLEMENT VEHICLE SCHEDULE CONDO ASSN BYLAWS (for D&O Coverage only) INTERNATIONAL PROPERTY EXPOSURE SUPPLEMENT CONTRACTORS SUPPLEMENT LOSS SUMMARY COVERAGES SCHEDULE OPEN CARGO SECTION DEALERS SECTION PREMIUM PAYMENT SUPPLEMENT DRIVER INFORMATION SCHEDULE PROFESSIONAL LIABILITY SUPPLEMENT ELECTRONIC DATA PROCESSING SECTION RESTAURANT / TAVERN SUPPLEMENT 1911[aa1'IMo]NLTA Fit 0161 PROPOSED EFF DATE PROPOSED EXP DATE BILLING PLAN PAYMENT PLAN METHOD OF PAYMENT AUDIT DEPOSIT MINIMUM POLICY PREMIUM PREMIUM 07/15/2023 07/15/2024 k $ $ $ DIRECT AGENCY iirrLB,AkN I lNrUKIV1A 1 IUN NAME (First Named Insured) AND MAILING ADDRESS (including ZIP+4) GL CODE SIC NAICS FEIN OR SOC SEC # City of Fayetteville 9121 921120 113 W Mountain, Room 306 BUSINESS PHONE#: (479) 575-8289 Fayetteville, AR 72701 WEBSITE ADDRESS CORPORATION HLLC JOINT VENTURE NOT FOR PROFIT ORG SUBCHAPTER "S" CORPORATION INDIVIDUAL NO OF MEMBERS AND MANAGERS: PARTNERSHIP TRUST NAME (Other Named Insured) AND MAILING ADDRESS (including ZIP+4) GL CODE SIC NAICS FEIN OR SOC SEC # BUSINESS PHONE #: WEBSITE ADDRESS CORPORATION JOINT VENTURE NOT FOR PROFIT ORG SUBCHAPTER "S" CORPORATION INDIVIDUAL LLC NO OF MEMBERS AND MANAGERS:- H PARTNERSHIP TRUST NAME (Other Named Insured) AND MAILING ADDRESS (including ZIP+4) GL CODE SIC NAICS FEIN OR SOC SEC # BUSINESS PHONE #: WEBSITE ADDRESS NOT FOR PROFIT ORG SUBCHAPTER "S" CORPORATION CORPORATION HLLC JOINT VENTURE INDIVIDUAL NO. OF MEMBERS _ AND MANAGERS. PARTNERSHIP TRUST ACORD 125 (2016/03) Page 1 of 4 © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 18 of 402 CONTACT INFORMATION AGENCY CUSTOMER ID: FAYETTE-01 DKING1 CONTACT TYPE: CONTACT TYPE: CONTACT NAME: CONTACT NAME: PHO ER# [I HOME ❑BUS ❑H CELL PONE# RY [I HOME [I BUS El CELL PRIMARY [I HOME u BUS El CELL PHONE# SECONDARY [I HOME [I Bus El CELL PRIMARY E-MAIL ADDRESS: SECONDARY E-MAIL ADDRESS: PRIMARY E-MAIL ADDRESS: SECONDARY E-MAIL ADDRESS: YKtMIJt, INI-UKMA I IUN Attacn AL;UKU 5ZJ Tor AtIaitional t'remiseS LOC # STREET CITY LIMITS INTEREST Futrall Drive and Gregg St, 1 X INSIDE OWNER BLD# ciTY:Fayetteville STATE: AR OUTSIDE TENANT 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: STREET LOC # Shiloh Drive and Gregg St CITY LIMITS INTEREST 2 INSIDE OWNER BLD# ciTY:Fayetteville STATE: AR OUTSIDE TENANT 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: STREET LOC # Razorback Road & W. 15th. St CITY LIMITS INTEREST 3 INSIDE OWNER BLD# ciTY:Fayetteville STATE: AR OUTSIDE TENANT 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: LOC # STREET CITY LIMITS INTEREST Various -Walking Trail 4 X INSIDE OUTSIDE OWNER TENANT BLD# ciTY:Fayetteville STATE: AR 1 COUNTY: ZIP: DESCRIPTION OF OPERATIONS: IATURE OF BUSINESS APARTMENTS DESCRIPTION OF PRIMARY OPERATIONS Walking trail, railroad crossings RETAIL STORES OR SERVICE OPERATIONS % OF TOTAL SALES: DESCRIPTION OF OPERATIONS OF OTHER NAMED INSUREDS # FULL TIME EMPL # PART TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N # FULL TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT # PART TIME EMPL OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N # FULL TIME EMPL # PART TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N # FULL TIME EMPL # PART TIME EMPL ANNUAL REVENUES: $ OCCUPIED AREA: SQ FT OPEN TO PUBLIC AREA: SQ FT TOTAL BUILDING AREA: SQ FT ANY AREA LEASED TO OTHERS? Y / N SERVICE u WHOLESALE INSTALLATION, SERVICE OR REPAIR WORK DATE BUSINESS Idaho cur STARTED (MM/DD/YYYY) OFF PREMISES INSTALLATION, SERVICE OR REPAIR WORK AUUI I IUNAL IN I tKtS I (Not all TIews apply to all Scenarios - provicie only the necessary ciata) Attacn A(;UKU 40 Tor more AOClltlonal Interests INTEREST ADDITIONAL AL BREACH OF WARRANTY CO-OWNER EMPLOYEE AS LESSOR LEASEBACK OWNER LENDER'S LOSS PAYABLE X Specific Contract NAME AND ADDRESS RANK: I EVIDENCE: CERTIFICATE POLICY SEND BILL LIENHOLDER Arkansas & Missouri Railroad Company LOSS PAYEE �306 East Emma Springdale, AR 72764 MORTGAGEE OWNER REGISTRANT INTEREST IN ITEM NUMBER LOCATION: BUILDING: VEHICLE: BOAT: AIRPORT: AIRCRAFT: ITEM CLASS: ITEM: ITEM DESCRIPTION FAX (A/C, No): TRUSTEE REFERENCE / LOAN #: INTEREST END DATE: LIEN AMOUNT: PHONE (A/C, No, Ext): REASON FOR INTEREST: Contract E-MAIL ADDRESS: ACORD 125 (2016/03) Page 2 of 4 Page 19 of 402 GENERAL INFORMATION AGENCY CUSTOMER ID: FAYETTE-01 DKING1 EXPLAIN ALL "YES" RESPONSES la. IS THE APPLICANT A SUBSIDIARY OF ANOTHER ENTITY ? PARENT COMPANY NAME RELATIONSHIP DESCRIPTION %OWNED 1 b. DOES THE APPLICANT HAVE ANY SUBSIDIARIES? COMPANY NAME RELATIONSHIP DESCRIPTION %OWNED 2. IS A FORMAL SAFETY PROGRAM IN OPERATION? SAFETY MANUAL SAFETY POSITION MONTHLY MEETINGS I OSHA 3. ANY EXPOSURE TO FLAMMABLES, EXPLOSIVES, CHEMICALS? Y / N N INSUBSIDIARY Y N 4. ANY OTHER INSURANCE WITH THIS COMPANY? (List policy numbers) LINE OF BUSINESS POLICY NUMBER LINE OF BUSINESS POLICY NUMBER ANY POLICY OR COVERAGE DECLINED, CANCELLED OR NON -RENEWED DURING THE PRIOR THREE (3) YEARS FOR ANY PREMISES OR OPERATIONS? (Missouri A plicants - Do not answer this question) NON-PAYMENT AGENT NO LONGER REPRESENTS CARRIER u NON -RENEWAL UNDERWRITING CONDITION CORRECTED (Describe): N N 5. 6. 7. ANY PAST LOSSES OR CLAIMS RELATING TO SEXUAL ABUSE OR MOLESTATION ALLEGATIONS, DISCRIMINATION OR NEGLIGENT HIRING? DURING THE LAST FIVE YEARS (TEN IN RI), HAS ANY APPLICANT BEEN INDICTED FOR OR CONVICTED OF ANY DEGREE OF THE CRIME OF FRAUD, BRIBERY, ARSON OR ANY OTHER ARSON -RELATED CRIME IN CONNECTION WITH THIS OR ANY OTHER PROPERTY? (In RI, this question must be answered by any applicant for property insurance. Failure to disclose the existence of an arson conviction is a misdemeanor punishable by a sentence of up to one year of imprisonment). N N 8. ANY UNCORRECTED FIRE AND/OR SAFETY CODE VIOLATIONS? N OCCUR DATE EXPLANATION RESOLUTION RESOLVE DATE 9. HAS APPLICANT HAD A FORECLOSURE, REPOSSESSION, BANKRUPTCY OR FILED FOR BANKRUPTCY DURING THE LAST FIVE (5) YEARS? N OCCUR DATE EXPLANATION RESOLUTION RESOLVE DATE 10. HAS APPLICANT HAD A JUDGEMENT OR LIEN DURING THE LAST FIVE (5) YEARS? OCCUR DATE EXPLANATION RESOLUTION RESOLVE DATE 11. 12. 13. 14. 15. HAS BUSINESS BEEN PLACED IN A TRUST? NAME OF TRUST: ANY FOREIGN OPERATIONS, FOREIGN PRODUCTS DISTRIBUTED IN USA, OR US PRODUCTS SOLD / DISTRIBUTED IN FOREIGN COUNTRIES? (If "YES', attach ACORD 815 for Liability Exposure and/or ACORD 816 for Property Exposure) DOES APPLICANT HAVE OTHER BUSINESS VENTURES FOR WHICH COVERAGE IS NOT REQUESTED? DOES APPLICANT OWN / LEASE / OPERATE ANY DRONES? (If "YES', describe use) DOES APPLICANT HIRE OTHERS TO OPERATE DRONES? (If "YES', describe use) N N N N N N REMARKS / PROCESSING INSTRUCTIONS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PRIOR CARRIER INFORMATION YEAR I CATEGORY GENERAL LIABILITY CARRIER AUTOMOBILE PROPERTY OTHER: $ POLICY NUMBER PREMIUM $ $ $ EFFECTIVE DATE EXPIRATION DATE ACORD 125 (2016/03) Page 3 of 4 Page 20 of 402 PRIOR CARRIER INFORMATION (continued) AGENCY CUSTOMER ID: FAYETTE-01 DKINIG1 YEAR CATEGORY GENERAL LIABILITY AUTOMOBILE PROPERTY CARRIER POLICY NUMBER PREMIUM $ $ $ EFFECTIVE DATE EXPIRATION DATE CARRIER OTHER: $ POLICY NUMBER PREMIUM $ $ $ $ EFFECTIVE DATE EXPIRATION DATE LOSS HISTORY I I Check if none (Attach Loss Summary for Additional Loss Information) ENTER ALL CLAIMS OR LOSSES (REGARDLESS OF FAULT AND WHETHER OR NOT INSURED) OR OCCURRENCES THAT MAY GIVE RISE TO CLAIMS FOR THE LAST YEARS TOTAL LOSSES: $ DATE OF OCCURRENCE LINE TYPE / DESCRIPTION OF OCCURRENCE OR CLAIM DATE OF CLAIM AMOUNT PAID AMOUNT RESERVED SUBRO- GATION Y/N CLAIM OPEN Y/N Copy of the Notice of Information Practices (Privacy) has been given to the applicant. (Not required in all states, contact your agent or broker for your state's requirements.) PERSONAL INFORMATION ABOUT YOU, INCLUDING INFORMATION FROM A CREDIT OR OTHER INVESTIGATIVE REPORT, MAY BE COLLECTED FROM PERSONS OTHER THAN YOU IN CONNECTION WITH THIS APPLICATION FOR INSURANCE AND SUBSEQUENT AMENDMENTS AND RENEWALS. SUCH INFORMATION AS WELL AS OTHER PERSONAL AND PRIVILEGED INFORMATION COLLECTED BY US OR OUR AGENTS MAY IN CERTAIN CIRCUMSTANCES BE DISCLOSED TO THIRD PARTIES WITHOUT YOUR AUTHORIZATION. CREDIT SCORING INFORMATION MAY BE USED TO HELP DETERMINE EITHER YOUR ELIGIBILITY FOR INSURANCE OR THE PREMIUM YOU WILL BE CHARGED. WE MAY USE A THIRD PARTY IN CONNECTION WITH THE DEVELOPMENT OF YOUR SCORE. YOU MAY HAVE THE RIGHT TO REVIEW YOUR PERSONAL INFORMATION IN OUR FILES AND REQUEST CORRECTION OF ANY INACCURACIES. YOU MAY ALSO HAVE THE RIGHT TO REQUEST IN WRITING THAT WE CONSIDER EXTRAORDINARY LIFE CIRCUMSTANCES IN CONNECTION WITH THE DEVELOPMENT OF YOUR CREDIT SCORE. THESE RIGHTS MAY BE LIMITED IN SOME STATES. PLEASE CONTACT YOUR AGENT OR BROKER TO LEARN HOW THESE RIGHTS MAY APPLY IN YOUR STATE OR FOR INSTRUCTIONS ON HOW TO SUBMIT A REQUEST TO US FOR A MORE DETAILED DESCRIPTION OF YOUR RIGHTS AND OUR PRACTICES REGARDING PERSONAL INFORMATION. (Not applicable in AZ, CA, DE, KS, MA, MN, ND, NY, OR, VA, or WV. Specific ACORD 38s are available for applicants in these states.) (Applicant's Initials): Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Applicable in NJ: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) years. THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCER'S SIGNATURE PRODUCER'S NAME (Please Print) (Required in Florida) APPLICANT'S SIGNATURE DATE I NATIONAL PRODUCER NUMBER ACORD 125 (2016/03) Page 4 of 4 Page 21 of 402 /1 ACORO`" AGENCY Hub International Mid -America POLICY NUMBER AGENCY CUSTOMER ID: FAYETTE-01 COMMERCIAL GENERAL LIABILITY SECTION CARRIER EFFECTIVE DATE APPLICANT / FIRST NAMED INSURED 07/15/2023 City of Fayetteville DKING1 DATE (MM/DD/YYYY) 07/05/2023 NAIC CODE N/A IMPORTANT - If CLAIMS MADE is checked in the COVERAGE / LIMITS section below, this is an application for a claims -made policy. Read all provisions of the policy carefully. CCIVFRAnFR I IMITR X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F] OCCURRENCE OWNER'S & CONTRACTOR'S PROTECTIVE GENERAL AGGREGATE LIMIT APPLIES PER: POLICY LOCATION PROJECT OTHER: PRODUCTS & COMPLETED OPERATIONS AGGREGATE $ 5,000,000 $ 5 000 OOO PREMIUMS PREMISES/OPERATIONS PRODUCTS DEDUCTIBLES d0ROPERTY DAMAGE $ ILY INJURY PER $ CLAIM PER $ OCCURRENCE PERSONAL & ADVERTISING INJURY $ EACH OCCURRENCE $ 5,000,000 OTHER DAMAGE TO RENTED PREMISES each occurrence $ MEDICAL EXPENSE (Any oneperson) $ TOTAL EMPLOYEE BENEFITS $ OTHER COVERAGES, RESTRICTIONS AND/OR ENDORSEMENTS (For hired/non-owned auto coverages attach the applicable state Business Auto Section, ACORD 137) APPLICABLE ONLY IN WISCONSIN: IF NON -OWNED ONLY AUTO COVERAGE IS TO BE PROVIDED UNDER THE POLICY: 1. UM / UIM COVERAGE IS F_ IS NOT AVAILABLE. 2. MEDICAL PAYMENTS COVERAGE IS IS NOT AVAILABLE. RRMFni i1 F nF HA7AR11R LOC # HAZ # CLASSIFICATION CLASS PREMIUM CODE BASIS Railroad Street Crossing U Railroad Street Crossing U Railroad Street Crossing U Walking Trail F EXPOSURE TERR RATE PREM/OPS I PRODUCTS PREMIUM PREM/OPS PRODUCTS 1 1 1 2 1 1 3 1 1 4 1 2734 RATING AND PREMIUM BASIS (P) PAYROLL - PER $1,000/PAY (C) TOTAL COST - PER $1,000/COST (U) UNIT - PER UNIT (S) GROSS SALES - PER $1,000/SALES (A) AREA - PER 1,000/SQ FT (M) ADMISSIONS - PER 1,000/ADM (T) OTHER EXPLAIN ALL "YES" RESPONSES 1. PROPOSED RETROACTIVE DATE: 2. ENTRY DATE INTO UNINTERRUPTED CLAIMS MADE COVERAGE: 3. HAS ANY PRODUCT, WORK, ACCIDENT, OR LOCATION BEEN EXCLUDED, UNINSURED OR SELF -INSURED FROM ANY PREVIOUS COVERAGE? 4. WAS TAIL COVERAGE PURCHASED UNDER ANY PREVIOUS POLICY? EMPLOYEE BENEFITS LIABILITY 1. DEDUCTIBLE PER CLAIM: $ 3. NUMBER OF EMPLOYEES COVERED BY EMPLOYEE BENEFITS PLANS: 2. NUMBER OF EMPLOYEES: 4. RETROACTIVE DATE: ACORD 126 (2014/04) Attach to ACORD 125 © 1993-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 22 Of 402 AGENCY CLISTOMER In. FAYETTE-01 DKING1 UUNIKAVIUK, EXPLAIN ALL "YES" RESPONSES (For all past or present operations) 1. DOES APPLICANT DRAW PLANS, DESIGNS, OR SPECIFICATIONS FOR OTHERS? 2. DO ANY OPERATIONS INCLUDE BLASTING OR UTILIZE OR STORE EXPLOSIVE MATERIAL? 3. DO ANY OPERATIONS INCLUDE EXCAVATION, TUNNELING, UNDERGROUND WORK OR EARTH MOVING? 4. DO YOUR SUBCONTRACTORS CARRY COVERAGES OR LIMITS LESS THAN YOURS? 5. ARE SUBCONTRACTORS ALLOWED TO WORK WITHOUT PROVIDING YOU WITH A CERTIFICATE OF INSURANCE? 6. DOES APPLICANT LEASE EQUIPMENT TO OTHERS WITH OR WITHOUT OPERATORS? DESCRIBE THE TYPE OF WORK SUBCONTRACTED 5 PAID TO SUB- CONTRACTORS: PRODUCTS / COMPLETED OPERATIONS Y/N N N N N N i PRODUCTS ANNUAL GROSS SALES # OF UNITS MARKET EX LIFE ED INTENDED USE PRINCIPAL COMPONENTS EXPLAIN ALL "YES" RESPONSES (For all pastor present products or operations) PLEASE ATTACH LITERATURE, BROCHURES, LABELS, WARNINGS, ETC. Y / N 1. DOES APPLICANT INSTALL, SERVICE OR DEMONSTRATE PRODUCTS? 2. FOREIGN PRODUCTS SOLD, DISTRIBUTED, USED AS COMPONENTS? (If "YES', attach ACORD 815) 3. RESEARCH AND DEVELOPMENT CONDUCTED OR NEW PRODUCTS PLANNED? 4. GUARANTEES, WARRANTIES, HOLD HARMLESS AGREEMENTS? 5. PRODUCTS RELATED TO AIRCRAFT/SPACE INDUSTRY? 6. PRODUCTS RECALLED, DISCONTINUED, CHANGED? 7. PRODUCTS OF OTHERS SOLD OR RE -PACKAGED UNDER APPLICANT LABEL? 8. PRODUCTS UNDER LABEL OF OTHERS? 9. VENDORS COVERAGE REQUIRED? 10. DOES ANY NAMED INSURED SELL TO OTHER NAMED INSUREDS? ACORD 126 (2014/04) Page 2 of 4 Page 23 of 402 AGENCY CUSTOMER ID: FAYETTE-01 DKING1 ADDITIONAL INTEREST / CERTIFICATE RECIPIENT ACORD 45 attached for additional names INTEREST NAME AND ADDRESS RANK: EVIDENCE: CERTIFICATE INTEREST IN ITEM NUMBER ADDITIONAL INSURED LOCATION: BUILDING: EMPLOYEE AS LESSOR ITEM ITEM: CLASS: LIENHOLDER ITEM DESCRIPTION LOSS PAYEE MORTGAGEE REFERENCE / LOAN #: GENERAL INFORMATION EXPLAIN ALL "YES" RESPONSES (For all past or present operations) Y / N 1. 2. ANY MEDICAL FACILITIES PROVIDED OR MEDICAL PROFESSIONALS EMPLOYED OR CONTRACTED? ANY EXPOSURE TO RADIOACTIVE/NUCLEAR MATERIALS? N N 3. DO/HAVE PAST, PRESENT OR DISCONTINUED OPERATIONS INVOLVE(D) STORING, TREATING, DISCHARGING, APPLYING, DISPOSING, OR TRANSPORTING OF HAZARDOUS MATERIAL? (e.g. landfills, wastes, fuel tanks, etc) N 4. ANY OPERATIONS SOLD, ACQUIRED, OR DISCONTINUED IN LAST FIVE (5) YEARS? N 5. DO YOU RENT OR LOAN EQUIPMENT TO OTHERS? N EQUIPMENT TYPE OF EQUIPMENT INSTRUCTION GIVEN (YIN) SMALL TOOLS LARGE EQUIPMENT SMALL TOOLS LARGE EQUIPMENT 6. ANY WATERCRAFT, DOCKS, FLOATS OWNED, HIRED OR LEASED? N 7. ANY PARKING FACILITIES OWNED/RENTED? N 8. IS A FEE CHARGED FOR PARKING? N 9. RECREATION FACILITIES PROVIDED? N 10. ARE THERE ANY LODGING OPERATIONS INCLUDING APARTMENTS? (If "YES", answer the following): N # APTS TOTAL APT AREA Sq. Ft. DESCRIBE OTHER LODGING OPERATIONS 11. IS THERE A SWIMMING POOL ON PREMISES? (Check all that apply) APPROVED FENCE LIMITED ACCESS DIVING BOARD SLIDE ABOVE GROUND IN GROUND LIFE GUARD N 12. ARE SOCIAL EVENTS SPONSORED? N 13. ARE ATHLETIC TEAMS SPONSORED? TYPE OF SPORT CONTACT AGE GROUP TYPE OF SPORT CONTACT AGE GROUP SPORT (Y/N) 13- 18 SPORT (Y/N) 13 - 18 12 &UNDER OVER 18 12 &UNDER OVER 18 EXTENT OF SPONSORSHIP: EXTENT OF SPONSORSHIP: N 14. ANY STRUCTURAL ALTERATIONS CONTEMPLATED? N 15. ANY DEMOLITION EXPOSURE CONTEMPLATED? N ACORD 126 (2014/04) Page 3 of 4 Page 24 of 402 GENERAL INFORMATION (continued) AGENCY CUSTOMER ID: FAYETTE-01 DKING1 EXPLAIN ALL "YES" RESPONSES (For all past or present operations) Y / N 16. HAS APPLICANT BEEN ACTIVE IN OR IS CURRENTLY ACTIVE IN JOINT VENTURES? N 17. DO YOU LEASE EMPLOYEES TO OR FROM OTHER EMPLOYERS? WORKERS COMPENSATION COVERAGE CARRIED (Y/N) N LEASE TO WORKERS COMPENSATION COVERAGE CARRIED (Y/N) LEASE FROM 18. IS THERE A LABOR INTERCHANGE WITH ANY OTHER BUSINESS OR SUBSIDIARIES? N 19. ARE DAY CARE FACILITIES OPERATED OR CONTROLLED? N 20. HAVE ANY CRIMES OCCURRED OR BEEN ATTEMPTED ON YOUR PREMISES WITHIN THE LAST THREE (3) YEARS? N 21. IS THERE A FORMAL, WRITTEN SAFETY AND SECURITY POLICY IN EFFECT? N 22. DOES THE BUSINESSES' PROMOTIONAL LITERATURE MAKE ANY REPRESENTATIONS ABOUT THE SAFETY OR SECURITY OF THE PREMISES? N REMARKS (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SIGNATURE Applicable in AL, AR, DC, LA, MD, NM, RI and WV: Any person who knowingly (or willfully)* presents a false or fraudulent claim for payment of a loss or benefit or knowingly (or willfully)* presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. *Applies in MD Only. Applicable in CO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Applicable in FL and OK: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony (of the third degree)*. *Applies in FL Only. Applicable in KS: Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act. Applicable in KY, NY, OH and PA: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties (not to exceed five thousand dollars and the stated value of the claim for each such violation)*. *Applies in NY Only. Applicable in ME, TN, VA and WA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties (may)* include imprisonment, fines and denial of insurance benefits. *Applies in ME Only. Applicable in NJ: Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicable in OR: Any person who knowingly and with intent to defraud or solicit another to defraud the insurer by submitting an application containing a false statement as to any material fact may be violating state law. Applicable in PR: Any person who knowingly and with the intention of defrauding presents false information in an insurance application, or presents, helps, or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit, or presents more than one claim for the same damage or loss, shall incur a felony and, upon conviction, shall be sanctioned for each violation by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or a fixed term of imprisonment for three (3) years, or both penalties. Should aggravating circumstances [be] present, the penalty thus established may be increased to a maximum of five (5) years, if extenuating circumstances are present, it may be reduced to a minimum of two (2) ears. THE UNDERSIGNED IS AN AUTHORIZED REPRESENTATIVE OF THE APPLICANT AND REPRESENTS THAT REASONABLE INQUIRY HAS BEEN MADE TO OBTAIN THE ANSWERS TO QUESTIONS ON THIS APPLICATION. HE/SHE REPRESENTS THAT THE ANSWERS ARE TRUE, CORRECT AND COMPLETE TO THE BEST OF HIS/HER KNOWLEDGE. PRODUCER'S SIGNATURE PRODUCER'S NAME (Please Print) STATE PRODUCER LICENSE NO (Required in Florida) �✓F J �S APPLICANT'S SIGNATURE DATE NATIONAL PRODUCER NUMBER ACORD 126 (2014104) Page 4 of 4 Page 25 of 402 DATE: 07/20/2023 From: Janie Williams Graham -Rogers 501 SE Frank Phillips Blvd Bartlesville, OK 74003 To: Eric Herget HUB International RE: City of Fayetteville Renewal of Policy #: NEW QUOTATION We are pleased to offer the following quotation. Please review this quotation carefully, as the terms and conditions offered may be different than requested. You must contact us in writing to bind coverage, as your office holds no binding authority. Policy Term: 07/21/2023 - 07/21/2023 Quotation Premium Quote Exp Date: 07/21/2023 12:01 AM Excluding TRIA Including TRIA Premium: $25,000.00 Premium: $25,000.00 Broker Fee $1,250.00 Broker Fee $1,250.00 TRIA: $500.00 AR SL Tax(4%) $1,050.00 AR SL Tax(4%) $1,070.00 Total: $27,300.00 Total: $27,820.00 Payment Terms: Premium Due Within 20 Days of Effective Date. Minimum Earned Percentage: 25.00 % Note: Fees are fully earned Policy Type: Occurrence Carrier(s): Landmark American Ins Co - Non -Admitted Please be sure to check the Carrier's current A.M. Best rating to satisfy you and your client's interests. Commercial Umbrella Limit $5,000,000 Endorsements/Exclusions: (Standard Company or ISO Exclusions are applicable including, but not limited to the following terms, conditions and exclusions. The state specific forms vary per state, and may not be listed on this proposal. It is your responsibility as agent of the insured to check coverage and terms.) See Attached Terms and Conditions: • No Flat Cancellation(s) Permitted • Should any loss occur between the date of this quotation/binder and the effective date, the company(ies) reserve the right to withdraw this quotation/binder. Page 26 of 402 07/20/23 Page 2 of 2 • Signed and dated Acord application due at binding (must be signed and dated by both the Agent and Insured). If there are terms/conditions that are inconsistent with the coverage bound, please note that your binder/policy prevails and any changes to terms/conditions, etc. must be made by endorsement request and are subject to carrier approval. • Terrorism Coverage is being offered for an additional premium. Please confirm your choice to purchase or decline terrorism coverage as outlined in this quote in writing at time of binding. • The taxes and fees shown above are based on this account's home state's taxes and rules. If the schedule is altered (mailing address change, amended TIV, adding or deleting properties) prior to binding, it may affect the determination of the home state is and thus the tax/fee percentages may change. • See Attached for Additional Terms/Conditions/Subjectives Page 27 of 402 S� RSUI Group, Inc. RE: Lead Excess Quote Submission Number: 761545 Company: Landmark American Insurance Company - Non -Admitted (A.M. Best rating: A++ XIV and S&P rating: AA+) Coverage: Excess Liability Insured: City of Fayetteville Fayetteville, AR Policy Dates: July 21, 2023 - July 21, 2024 Form: Form 2007 Please contact the underwriter if you have any questions about the standard provisions of this form. Limit: $5,000,000 In Excess Of: General Liability : $1,000,000 Occurrence Limit $2,000,000 General Aggregate Limit $2,000,000 Completed Ops/Products Aggregate Limit $1,000,000 Personal & Advertising Injury Limit Form 2013 Defense Outside Limits 761545 A member ofAlleghany Insurance Holdings LLC Page 28 of 402 Policy Attachments and Forms • Absolute Asbestos Exclusion RSG 36003 0904 • Absolute Automobile Exclusion RSG 36112 0821 • Arkansas Changes - Cancellation and Nonrenewal RSG 33028 1208 • Arkansas Surplus Lines Disclosure Notice RSG 99069 0106 • Communicable Disease, Epidemic, and Pandemic Exclusion RSG 36138 0920 • Exclusion - Fluorinated Compounds (PFAS) RSG 36149 0522 • Exclusion - Real and Personal Property - Care Custody and Control RSG 36016 0408 • Exclusion - Sublimited Underlying Coverage RSG 36093 0905 • Exclusion of Certified Acts of Terrorism and Other Nuclear, Bio, Chem or Radio Acts of Terrorism RSG 36045 0315 • Pollution Exclusion Endorsement - Total RSG 36030 0803 • Professional Services Exclusion RSG 36031 0205 • Service of Suit Clause RSG 34006 0407 • State Fraud Statement RSG 99022 1022 • Uninsured Underinsured Motorist Exclusion RSG 36037 0116 • War Liability Exclusion RSG 36044 0404 Lead Company Attachments and Forms • As per underlying quote submitted to carrier Premium Amount Flat Charge: $25,000.00 Terrorism Premium: $500.00 Gross Premium: $25,500.00 Comments: THE PREMIUM AMOUNT DOES NOT INCLUDE SURPLUS LINES TAX. YOUR OFFICE IS RESPONSIBLE FOR THE COLLECTION AND FILINGS. Based on the insured's operations we have identified the Home State as AR. Please read all terms and conditions shown above carefully as they may not conform to specifications shown on your submission. Please note: Certificates of Insurance do not amend, extend or alter coverage afforded by any Landmark American Insurance Company policy and are the responsibility of the insured to maintain for their records. We greatly appreciate your business. (qq jlj / A member of Alleghany Insurance Holdings LLC Page 29 of 402 OFFER OF TERRORISM COVERAGE In accordance with the Terrorism Risk Insurance Act, we are required to offer the insured coverage for losses resulting from an act of terrorism, not otherwise excluded by this policy and as covered by the Terrorism Risk Insurance Act. All other policy provisions will apply to coverage for such act of terrorism. The insured must choose whether or not to pay the premium described below under DISCLOSURE OF PREMIUM for coverage for acts of terrorism that are certified by the Secretary of the Treasury as covered acts under the Terrorism Risk Insurance Act, or not to pay the premium, and reject this offer of coverage at the time of binding. In any case, if the insured rejects terrorism coverage in any scheduled underlying policy, this policy is written to exclude terrorism. If the premium shown in the DISCLOSURE OF PREMIUM is not collected and the insured does not reject coverage for terrorism this policy will be issued excluding acts of terrorism. DISCLOSURE OF PREMIUM If you accept this offer, the portion of your premium for the policy term attributable to coverage for all acts of terrorism covered under this policy including terrorist acts certified under the Act is $ 500.00 DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 80% of that portion of the amount of such insured losses that exceed the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. CAP INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and the Insurer has met our Insurer deductible under the Terrorism Risk Insurance Act, the Insurer will not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. T 9009 Page 30 of 402 DATE: 07/20/2023 FROM: Janie Williams Graham -Rogers 501 SE Frank Phillips Blvd Bartlesville, OK 74003 Agency Fax: (918)337-3627 TO: Eric Herget HUB International RE: City of Fayetteville Renewal of Policy #: NEW QUOTATION We are pleased to offer the following quotation. Please review this quotation carefully, as the terms and conditions offered may be different than requested. You must contact us in writing to bind coverage, as your office holds no binding authority. Policy Term: 07/20/2023 - 07/20/2024 Quotation Premium Quote Exp Date: 07/20/2023 12:01 AM Premium: $25,000.00 Broker Fee $1,250.00 AR SL Tax(4%) $1,050.00 Total: $27,300.00 Payment Terms: Premium Due Within 20 Days of Effective Date. Minimum Earned Percentage: 25.00 % Note: Fees are fully earned Policy Type: Occurrence Carrier(s): Landmark American Ins Co Non -Admitted Please be sure to check the Carrier's current A.M. Best rating to satisfy you and your client's interests. Locations: Per Schedule on file with the Company Commercial General Liabilitv General Aggregate: $2,000,000 Products/Completed Operations Aggregate: $2,000,000 Each Occurrence: $1,000,000 Personal and Advertising Injury: $1,000,000 Damages to Premises Rented To You: $50,000 Medical Payments (any one person): $5,000 Deductible (BI/PD) $5,000 Per Occurrence Page 31 of 402 07/20/23 Page 2 of 2 Endorsements/Exclusions: (Standard Company or ISO Exclusions are applicable including, but not limited to the following terms, conditions and exclusions. The state specific forms vary per state, and may not be listed on this proposal. It is your responsibility as agent of the insured to check coverage and terms.) See Attached Terms and Conditions: • No Flat Cancellation(s) Permitted • Should any loss occur between the date of this quotation/binder and the effective date, the company(ies) reserve the right to withdraw this quotation/binder. • Signed and dated Acord application due at binding (must be signed and dated by both the Agent and Insured). If there are terms/conditions that are inconsistent with the coverage bound, please note that your binder/policy prevails and any changes to terms/conditions, etc. must be made by endorsement request and are subject to carrier approval. • Terrorism coverage has been Accepted by the Insured. • The taxes and fees shown above are based on this account's home state's taxes and rules. If the schedule is altered (mailing address change, amended TIV, adding or deleting properties) prior to binding, it may affect the determination of the home state is and thus the tax/fee percentages may change. • See Attached for Additional Terms/Conditions/Subjectives Page 32 of 402 RE: Primary Casualty Quote Submission Number: Company: Coverage: Insured: Policy Dates: RSUI Group, Inc. 761348 Landmark American Insurance Company - Non -Admitted (A.M. Best rating: A++ XIV and S&P rating: AA+) Commercial General Liability Including Products Liability City of Fayetteville Fayetteville, AR July 20, 2023 - July 20, 2024 Form And Coverages 2013 ISO - Occurrence With Defense Outside Limit - Commercial General Liability Including Products Liability. Please contact the underwriter if you have any questions about the standard provisions of this form. Each Occurrence: $1,000,000 General Aggregate: $2,000,000 Products/Comp. Oper. Aggregate: $2,000,000 Personal Injury and Advertising Limit: $1,000,000 Medical Payments: $5,000 Damage to Premises Rented: $50,000 Deductible Each Occurrence: $5,000 Aggregate: $0 Defense Outside Deductible Policy Attachments and Forms • Amendment of Insured Contract Definition CG 2426 0413 • Arkansas Changes - Cancellation and Nonrenewal IL 0231 1022 • Arkansas Changes - Transfer of Rights of Recovery Against Others to Us IL 0199 0702 761348 A member ofAlleghany Insurance Holdings LLC Page 33 of 402 • Arkansas Surplus Lines Disclosure Notice RSG 99069 0106 • Commercial General Liability Coverage Form CG 0001 0413 • Common Policy Conditions IL 0017 1198 • Communicable Disease Exclusion CG 2132 0509 • Contractual Liability - Railroads CG 2417 1001 • Deductible Liability Insurance CG 0300 0196 • Exclusion - Absolute Asbestos RSG 16004 0903 • Exclusion - Assault And Battery RSG 16008 1208 • Exclusion - Cross Suits RSG 16014 0604 • Exclusion - Cyber Liability, Data Compromise or Breach, and Statutes Related to Data Security RSG 16123 0821 • Exclusion - Employment Related Practices CG 2147 1207 • Exclusion - Fluorinated Compounds RSG 16132 0522 • Exclusion - Lead RSG 16032 0903 • Exclusion - Sexual Abuse, Molestation, or Human Trafficking RSG 16133 0822 • Exclusion - Silica or Mixed Dust RSG 16080 0304 • Fungi or Bacteria Exclusion CG 2167 1204 • Limitation - Of Coverage To Designated Premises Project Or Operation CG 2144 0417 • Minimum Premium and Minimum Retained Premium RSG 14024 0112 • Non - Accumulation of Limits RSG 14046 0714 • Nuclear Energy Liability Exclusion Endorsement IL 0021 0702 • Primary and Noncontributory - Other Insurance Condition CG 2001 1219 • Service Of Suit RSG 94022 0407 • State Fraud Statement RSG 99022 1022 • Total Pollution Exclusion Endorsement CG 2149 0999 Premium Amount Flat Charge: $25,000.00 Minimum Premium: $25,000.00 Minimum Earned Premium: $6,250.00 Gross Premium: $25,000.00 Based on Estimate Of: $0.00 Comments: THE PREMIUM AMOUNT DOES NOT INCLUDE SURPLUS LINES TAX. YOUR OFFICE IS RESPONSIBLE FOR THE COLLECTION AND FILINGS. Based on the insured's operations we have identified the Home State as AR. Please read all terms and conditions shown above carefully as they may not conform to specifications shown on your submission. Please note: Certificates of Insurance do not amend, extend or alter coverage afforded by any Landmark American Insurance Company policy and are the responsibility of the insured to maintain for their records. We greatly appreciate your business. A member of Alleghany Insurance Holdings LLC Page 34 of 402 / IDf, RSUI Group, Inc. S OFFER OF TERRORISM COVERAGE In accordance with the Terrorism Risk Insurance Act, we are required to offer the insured coverage for losses resulting from an act of terrorism, not otherwise excluded by this policy and as covered by the Terrorism Risk Insurance Act. All other policy provisions will apply to coverage for such act of terrorism. The insured must choose whether or not to pay the premium described below under DISCLOSURE OF PREMIUM for coverage for acts of terrorism that are certified by the Secretary of the Treasury as covered acts under the Terrorism Risk Insurance Act, or not to pay the premium, and reject this offer of coverage at the time of binding. In any case, if the insured rejects terrorism coverage in any scheduled underlying policy, this policy is written to exclude terrorism. If the premium shown in the DISCLOSURE OF PREMIUM is not collected and the insured does not reject coverage for terrorism this policy will be issued excluding acts of terrorism. DISCLOSURE OF PREMIUM If you accept this offer, the portion of your premium for the policy term attributable to coverage for all acts of terrorism covered under this policy including terrorist acts certified under the Act is $ 0 DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 80% of that portion of the amount of such insured losses that exceeds the applicable Insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. CAP INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and the Insurer has met our Insurer deductible under the Terrorism Risk Insurance Act, the Insurer will not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. 761348 1 of 1 A member of Alleghany Insurance Holdings LLC Page 35 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 CITY COUNCIL MEMO 2023-954 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Yolanda Fields, Comm. Resources Dir./Equity Off. DATE: July 26, 2023 SUBJECT: Approval of a Budget Adjustment to recognize and budget an Excellerate Foundation grant to the SAFE Program RECOMMENDATION: Staff recommends approval of a budget adjustment to recognize and budget an Excellerate Foundation grant to the SAFE (Shelter Assistance From Extreme Weather) Program in the amount of $25,000. BACKGROUND: The SAFE Program is an internal program that will provide sheltering services for the Fayetteville unsheltered community during times of extreme weather. Community Resources would like to recognize the funds provided by the Excellerate Foundation to the SAFE Program. DISCUSSION: The SAFE Program will provide extra emergency shelter beds for people who are homeless during periods of weather that threaten the health and safety of homeless individuals and families in our community when there is not sufficient emergency shelter bed capacity. The program is designed to fund time -limited, temporary shelter beds. It will not provide funding for shelter beds outside of weather -related emergencies. The Excellerate grant being recognized is $25,000. BUDGET/STAFF IMPACT: Increase Grants & Donations CDBG Projects SAFE Program by $25,000.00. ATTACHMENTS: Staff Review - SAFE program, 2023-954 BA Excellerate Grant - SAFE program Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 36 of 402 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-954 Approval of a Budget Adjustment to recognize and budget an Excellerate Foundation grant to the SAFE Program A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $25,000.00 TO RECOGNIZE AND BUDGET AN EXCELLERATE FOUNDATION GRANT TO THE CITY OF FAYETTEVILLE SHELTER ASSISTANCE FROM EXTREME WEATHER 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, recognizing and budgeting an Excellerate Foundation grant to the City of Fayetteville Shelter Assistance from Extreme Weather Program. Page 1 Page 37 of 402 Yolanda Fields Submitted By City of Fayetteville Staff Review Form 2023-954 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/26/2023 COMMUNITY RESOURCES (642) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a budget adjustment to recognize and budget an Excellerate Foundation grant to the SAFE (Shelter Assistance From Extreme Weather) Program in the amount of $25,000.00. Budget Impact: 2180.642.4960-5390.74 Community Resources Account Number Fund 32306.2023 Excellerate Grant - SAFE #2023.07.13.CE004 Project Number Budgeted Item? No Does item have a direct cost? No 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 $ 25,000.00 25,000.00 Previous Ordinance or Resolution # Approval Date: V20221130 Page 38 of 402 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number COMMUNITY RESOURCES (642) /Org2 2023 Requestor: Yolanda Fields BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Staff recommends approval of a budget adjustment to recognize and budget and Excellerate Foundation grant to the SAFE (Shelter Assistance From Extreme Weather) Program in the amount of $25,000. COUNCIL DATE: 8/15/2023 ITEM ID#: 2023-954 Holly Black 712712023 2:27 Pln Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 25,000 25,000 v.202373 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2180.642.4960-4305.00 - 25,000 32306 2023 RE Grants - Commercial 2180.642.4960-5390.74 25,000 - 32306 2023 EX CDBG Projects - SAFE Program Iof1 Page 39 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 CITY COUNCIL MEMO 2023-947 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: July 25, 2023 SUBJECT: JWC Environmental - Channel Monster Repair for Hamestring Sewer Lift Station RECOMMENDATION: Staff recommends approval of a quote in the amount of $81,151.09 plus applicable taxes and freight charges from JWC Environmental for the repair of a Channel Monster Grinder for the Hamestring Sewer Lift Station. BACKGROUND: A Channel Monster is a grinder that shreds large debris and trash. Incoming flow to the Hamestring Sewer Lift Station (LS7) passes through a Channel Monster before reaching the station's seven pumps as well as downstream process systems, such as the West Side Water Resource Recovery Facility (WRRF). The Channel Monster assists by removing material that would damage the downstream pumps, pipes, and process equipment. DISCUSSION: There are two Channel Monster units assigned to the Hamestring Lift Station, one that is in-service and a critical spare. The units require preventive maintenance exchange, approximately every 2 years, which requires the in-service unit removed from service and rebuilt. The critical spare unit is then utilized as the primary unit for continued screening and grinder operation until service or repairs are needed and then the process is repeated. The critical spare Channel Monster was recently removed from service by staff and sent to JWC Environmental for an inspection and repair estimate. The JWC technicians completed their evaluation and identified several parts that need to be replaced. They provided a quote in the amount of $81,151.09 plus applicable taxes to complete the repair. Freight is included in the quoted price, and taxes are estimated at $7,885.23 for a total estimated cost of $89,063.32. A bid waiver is requested because JWC Environmental is the only authorized company to sell and service the Channel Monster equipment. BUDGET/STAFF IMPACT: Funds are available in the WWTP Upgrade/Replace Lift Stations account within the Water & Sewer fund. ATTACHMENTS: SRF JWC Environmental, Quote from JWC Environmental Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 40 of 402 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-947 JWC Environmental - Channel Monster Repair for Hamestring Sewer Lift Station A RESOLUTION TO ACCEPT A QUOTE IN THE AMOUNT OF $81,151.09 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM JWC ENVIRONMENTAL FOR THE REPAIR OF A CHANNEL MONSTER GRINDER USED AT THE HAMESTRING SEWER LIFT STATION WHEREAS, a Channel Monster grinder used at the Hamestring Sewer Lift Station was recently shipped to JWC Environmental to disassemble, inspect, and provide a quote for repair of the grinder; and WHEREAS, pursuant to Ark. Code Ann. §19-11-203(14)(DD), formal competitive bidding is not necessary for the repair of "hidden or unknown damages." 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 determines that because of Ark. Code Ann. § 19-11-203(14)(DD), repair of "hidden or unknown damages," the repair of the pump does not require formal competitive bidding and, therefore, accepts the quote in the amount of $81,151.09 (plus any applicable taxes and freight charges) from JWC Environmental for the repair of a Channel Monster grinder used at the Hamestring Sewer Lift Station. Page 1 Page 41 of 402 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-947 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/20/2023 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a quote in the amount of $81,151.09 plus applicable taxes and freight charges from JWC Environmental for the repair of the Channel Monster Grinder for the Hamestring Sewer Lift Station. 5400.7303.5800-5414.00 Account Number 02068.1 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: Budget Impact: Water and Sewer Fund WWTP Upgrade/Replace Lift Stations Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,030,701.00 $ 269,895.99 760,805.01 $ 89,063.32 671,741.69 Previous Ordinance or Resolution # Approval Date: V20221130 Comments: Freight is included in the quoted price, and taxes are estimated at $7,885.23 for a total estimated cost of $89,063.32. Page 42 of 402 � w� . r . Ernu+onmental Customer: Jacobs Engineering 10816 Executive Center Drive, Suite 300 C/O: Josh Alleman Little Rock, AR 72211 US Project: OMI/CH2M Hill Part Number Description EVAL_CA CDD6020-XDM2.5 Repair Evauation SN: 110269-1-1 Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 Quote Number: 68872 RevB Quote Date: 07/14/2023 Terms: Net 30 Pricing: Valid 60 Days FOB: Origin Lead Time: 10-12 Weeks ARO Grinder Serial #: 110269-1-1 Ticket #: CAS-1 1 5630-T9N2 Qty Unit Price Extended Price 1 $0.00 $0.00 CDD6020-XDM2.5 CDD6020-XDM2.5 Repair 1 $71,613.00 $71,613.00 7-tooth 2-zone Monster Stack TM Zone 2: 11-tooth .438 thick cam cutters Zone 1: 7-tooth .875 thick cam cutters, double -stacked Alloy Steel Buna N Elastomers Cork & Rubber Gaskets Drum Side Rails Vertical Shaft Support with Grease Lines Motor Type: Electric Less Motor Less Reducer Less Spool 1/2" Diameter Coil Drums with brushes Paint: Epoxy Green Grinder SN: TBD A20313-0377-145T-IM REDUCER ASY, 377:1 145TC IMM (SRV) 1 $4,192.09 $4,192.09 -SV Paint: Epoxy Green -Assemble to grinder RL Repair Labor 1 $0.00 $0.00 Shipping Shipping & Handling 1 $5,346.00 $5,346.00 Please verify serial number is correct. Sub Total $81,151.09 Tax Page 43 of 402 C WC . r . Ernu+onmental Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 Total $81,151.09 Notes: 1. Please fax or mail a Purchase Order for the total amount and we can process your order. Please include the following: Bill to Address, Ship to Address, and sales tax exemption certificate. 2. Reference the JWC quote number on your purchase order.. 3. Availability of parts are subject to change at any time. 4. 20% restocking fee on all returns. 5. Sales tax is not included in price. 6. JWCE standard one year warranty included except for older models i.e. GTS, MS and SPF models. 7. Subject to attached JWC Environmental Standard Terms and Conditions of Sale. Thank -You for your Business! JWC Environmental Inc Irene Gomez Customer Service Page 44 of 402 �11wC Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA Phone: 949 833-3888 Toll Free: 800 331-2277 Fax: 714 242-0240 Please provide the following information. Failure to do so may delay processing of order. Quote #: 68872 RevB All orders will be billed the applicable sales tax, based on the "ship to address", unless a valid tax exemption certificate is provided prior to shipment. Bill To Name & Address: City of Fayetteville. AR 113 W Mountain St Fayetteville, AR 72701 Email Address: kfankhouser@fayetteville-ar.gov PO# Ship To Name & Address: Provided by Jacobs Engineering. Payment terms: Net 30 FOB: Origin Preferred Shipping Method (Required to Process Your Order): X Prepay & Add to Invoice Collect Account #: Carrier: JWCE will add shipping and handling charges to invoices unless otherwise specified. Please fax or email your PO and most recent tax certificate to: Fax (714) 242-0240 Email servicesales@jwce.com Signature: Date: Page 45 of 402 Customer Service Center 2600 S. Garnsey Street ayvwc: Santa Ana, CA 92707 USA ® Eriv ,�*,�1 Phone: 949 833-3888 r..wr.. rm♦ 1LLC11 Toll Free: 800 331-2277 Fax: 714 242-0240 JWC ENVIRONMENTAL TERMS AND CONDITIONS OF SALE Unless otherwise specifically agreed to in writing by the buyer ("Buyer") of the products and or related services purchased hereunder (the "Products") and JWC Environmental (the "Seller"), the sale of the Products is made only upon the following terms and conditions. Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional, conditional and different terms in Buyer's form or documents. PAYMENT TERMS Subject to any contrary terms set forth in our price quotation, order acceptance or invoice the full net amount of each invoice is due and payable in cash within 30 days from the date of the invoice. If any payment is not received within such 30-day period, Buyer shall pay Seller the lesser of 1 %% per month or the maximum legal rate on all amounts not received by the due date of the invoice, from the 31st day after the date of invoice until said invoice and charges are paid in full. Unless Sellers documents provide otherwise, freight, storage, insurance and all taxes, duties or other governmental charges related to the Products shall be paid by the Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller for said charges. In all cases, regardless of partial payment, title to the Products shall remain the Sellers until payment for the Products has been made in full. All orders are subject to credit approval by Seller. All offers by Seller and/or acceptance of Buyer's order shall be nullified by any failure of Buyer to obtain credit approval. Furthermore, Buyer shall not assert any claim against Seller due to Buyer's inability to obtain credit approval. Irrevocable Letter of Credit from Buyer in form and term acceptable to Seller is required for Product orders delivered outside the United States of America DELIVERY Unless otherwise provided in our price quotation, delivery of the Products shall be made F.O.B. place of manufacture. Any shipment, delivery, installation or service dates quoted by the Seller are estimated and the Seller shall be obligated only to use reasonable efforts to meet such dates. The Seller shall in no event be liable for any delays in delivery or failure to give notice of delay or for any other failure to perform hereunder due to causes beyond the reasonable control of the Seller. Such causes shall include, but not be limited to, acts of God, the elements, acts or omissions of manufacturers or suppliers of the Products or parts thereof, acts or omissions of Buyer or civil and military authorities, fires, labor disputes or any other inability to obtain the Products, parts thereof, or necessary power, labor, materials or supplies. The Seller will be entitled to refuse to make, or to delay, any shipments of the Products if Buyer shall fail to pay when due any amount owed by it to the Seller, whether under this or any other contract between the Seller and Buyer. Any claims for shortages must be made to the Company in writing within five calendar days from the delivery date and disposition of the claim is solely subject to Sellers determination PRICES Prices of the Seller's Products are subject to change without notice. Quotations are conditioned upon acceptance within 30 days unless otherwise stated and are subject to correction for errors and/or omissions. Prices include charges for regular packaging but, unless expressly stated, do not include charges for special requirements of government or other purchaser. Prices are subject to adjustment should Buyer place an order past the validity period of the quotation or delay delivery of Products beyond the quoted lead time for any reason. RETURNS No Products may be returned for cash. No Product may be returned for credit after delivery to Buyer without Buyer first receiving written permission from the Seller. Buyer must make a request for return of Product in writing to Seller at its place of business in Costa Mesa, California. A return material authorization number must be issued by the Seller to the Buyer before a Product may be returned. Permission to return Product to Seller by Buyer is solely and exclusively the Sellers. Product must be returned to Seller at Buyers expense, including packaging, insurance, transportation and any governmental fees. Any credit for Product returned to Seller shall be subject to the inspection of and acceptance of the Product by the Seller and is at the sole discretion of the Seller. LIMITED WARRANTY Subject to the terms and conditions hereof, the Seller warrants until one year after commissioning (written notification to Seller by Buyer required) of the Product or until 18 months after delivery of such Product to Buyer, whichever is earlier, that each Product will be free of defects in material and workmanship. If (a) the Seller receives written notification of such defect during the warranty period and the defective Products use is discontinued promptly upon discovery of alleged defect, and (b) if the owner ("Owner") forwards the Product to the Seller's nearest service/repair facility, transportation and related insurance charges prepaid. The Seller will cause any Products whose defect is covered under this warranty to either be replaced or be repaired at no cost to the Owner. The foregoing warranty does not cover repairs required due to repair or alteration other than by the Seller's personnel, accident, neglect, misuse, transportation or causes other than ordinary use and maintenance in accordance with the Seller's instructions and specifications. In addition, the foregoing warranty does not cover any Products, or components thereof, which are not directly manufactured by the Seller. To the extent a warranty for repair or replacement of such Products or components not manufactured directly by the Seller is available to Buyer under agreements of the Seller with its vendors; the Seller will make such warranties available to Buyer. Costs of transportation of any covered defective item to and from the nearest service/repair center and related insurance will be paid or reimbursed by Buyer. Any replaced Products will become the property of the Seller. Any replacement Products will be warranted only for any remaining term of the original limited warranty period and not beyond that term. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES THE SELLER'S FOREGOING LIMITED WARRANTY IS THE EXCLUSIVE AND ONLY WARRANTY WITH RESPECT TO THE PRODUCTS AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN THE WARRANTY OF TITLE), EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE AND ANY STATEMENTS MADE BY EMPLOYEES, AGENTS OF THE SELLER OR OTHERS REGARDING THE PRODUCTS. THE OBLIGATIONS OF THE SELLER UNDER THE FOREGOING WARRANTY SHALL BE FULLY SATISFIED BY THE REPAIR OR THE REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART, AS PROVIDED ABOVE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR LOST PROFITS OR OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE SELLER TO BUYER AND OTHERS ARISING FROM ANY CAUSE WHATSOEVER IN CONNECTION WITH BUYER'S PURCHASE, USE AND DISPOSITION OF ANY PRODUCT COVERED HEREBY SHALL, UNDER NO CIRCUMSTANCES, EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT BY BUYER. NO ACTION, REGARDLESS OF FORM, ARISING FROM THIS AGREEMENT OR BASED UPON BUYER'S PURCHASE, USE OR DISPOSITION OF THE PRODUCTS MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT ANY CAUSE OF ACTION FOR THE NONPAYMENT OF THE PURCHASE PRICE MAY BE BROUGHT AT ANY TIME The remedies provided to Buyer pursuant to the limited warranty, disclaimer of warranties and limitations of liabilities, described herein are the sole and exclusive remedies. Unless specifically agreed to in writing by the Seller, no charges may be made to the Seller by Buyer or any third party employed by buyer for removing, installing or modifying any Product. The Seller and its representatives may furnish, at no additional expense, data and engineering services relating to the application, installation, maintenance or use of the Products by Buyer. The Seller will not be responsible for, and does not assume any liability whatsoever for, damages of any kind sustained either directly or indirectly by any person through the adoption or use of such data or engineering services in whole or in part. CONFIDENTAIL INFORMATION Except with the Seller's prior written consent, Buyer shall not use, duplicate or disclose any confidential proprietary information delivered or disclosed by the Seller to Buyer for any purpose other than for operation or maintenance of the Products. CANCELLATION AND DEFAULT Absolutely no credit will be allowed for any change or cancellation of an order for Products by Buyer after fabrication of the Products to fill Buyer's order has been commenced. If Buyer shall default in paying for any Products purchased hereunder, Buyer shall be responsible for all reasonable costs and expenses, including (without limitation) attorney's fees incurred by the Seller in collecting any sums owed by Buyer. All rights and remedies to the Seller hereunder or under applicable laws are cumulative and none of them shall be exclusive of any other right to remedy. No failure by the Seller to enforce any right or remedy hereunder shall be deemed to be a waiver of such right or remedy, unless a written waiver is signed by an authorized management employee of the Seller and the Seller's waiver of a breach of this agreement by Buyer shall not be deemed to be a waiver of any other breach of the same or any other provision. CHANGES IN PRODUCTS Changes may be made in materials, designs and specifications of the Products without notice. The Seller shall not incur any obligation to furnish or install any such changes or modifications on Products previously ordered by, or sold to, Buyer. APPLICABLE LAW, RESOLUTION OF DISPUTES AND SEVERABILITY This agreement is entered into in Costa Mesa, California. This agreement and performance by the parties hereunder shall be construed in accordance with, and governed by, the laws of the State of California. Any claim or dispute arising from or based upon this agreement or the Products which form its subject matter shall be resolved by binding arbitration before the American Arbitration Association in Los Angeles, California, pursuant to the Commercial Arbitration Rules, excepting only that each of the parties shall be entitled to take no more than two depositions, and serve no more than 30 interrogatories, 10 requests for admissions and 20 individual requests for production of documents, such discovery to be served pursuant to the California Code of Civil Procedure. Any award made by the arbitrator may be entered as a final judgment, in any court having jurisdiction to do so. If any provision of this agreement shall be held by a court of competent jurisdiction or an arbitrator to be unenforceable to any extent, that provision shall be enforced to the full extent permitted by law and the remaining provisions shall remain in full force and effect. ASSIGNMENT This agreement shall be binding upon the parties and their respective successors and assigns. However, except for rights expressly provided to subsequent Owners of the Products under "Limited Warranty" � above, any assignment of this agreement or any rights hereunder by Buyer shall be void without the Company's written consent first obtained. Any exercise of rights by an Owner other than �Q 646P61b4r02 IR %w4c; Customer Service Center 2600 S. Garnsey Street Santa Ana, CA 92707 USA ® Eriv i Phone: 949 833-3888 ,4111111111101. ♦ Toll Free: 800 331-2277 Fax: 714 242-0240 to all of the limitations on liability and other related terms and conditions set forth in this agreement. EXCLUSIVE TERMS AND CONDITIONS The terms and conditions of this agreement may be changed or modified only by an instrument in writing signed by an authorized management employee of the Seller. This instrument, together with any amendment or supplement hereto specifically agreed to in writing by an authorized management employee of the Seller, contains the entire and the only agreement between the parties with respect to the sale of the Products covered hereby and supersedes any alleged related representation, promise or condition not specifically incorporated herein. SELLER'S PRODUCTS ARE OFFERED FOR SALE AND SOLD ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN. NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS CONTAINED IN BUYER'S SEPARATE PURCHASE ORDERS OR OTHER ORAL OR WRITTEN COMMUNICATION, BUYER'S ORDER IS OR SHALL BE ACCEPTED BY THE COMPANY ONLY ON THE CONDITION THAT BUYER ACCEPTS AND CONSENTS TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IN THE ABSENCE OF BUYER'S ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN THE SELLER'S COMMENCEMENT OF PERFORMANCE AND/OR DELIVERY OF THE PRODUCTS, OR THE SELLER'S STATEMENT OF ACKNOWLEDGMENT OF THE RECEIPT OF BUYER'S PURCHASE ORDER, SHALL BE FOR BUYER'S CONVENIENCE ONLY AND SHALL NOT BE DEEMED OR CONSTRUED TO BE ACCEPTANCE OF BUYER'S DIFFERING TERMS OR CONDITIONS, OR ANY OF THEM. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY REJECTED UNLESS SPECIFICALLY AGREED UPON IN WRITING BY AN AUTHORIZED MANAGEMENT EMPLOYEE OF THE SELLER. IF A CONTRACT IS NOT EARLIER FORMED BY MUTUAL AGREEMENT IN WRITING, BUYER'S ACCEPTANCE OF ANY PRODUCTS COVERED HEREBY SHALL BE DEEMED ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS STATED HEREIN. THE SELLER'S FAILURE TO OBJECT TO PROVISIONS INCONSISTENT HEREWITH CONTAINED IN ANY COMMUNICATION FROM BUYER SHALL NOT BE DEEMED A WAIVER OF THE PROVISIONS CONTAINED HEREIN. F360J W CE0107 Page 47 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 CITY COUNCIL MEMO 2023-956 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: July 26, 2023 SUBJECT: Approval of the 2023 USGS joint funding agreement in the amount of $56,930 (City's share) for stream gauge operation and maintenance for various locations within the City of Fayetteville. RECOMMENDATION: Staff recommends approval of the 2023 USGS joint funding agreement in the amount of $56,930 (City's share) for stream gauge operation and maintenance for various locations within the City of Fayetteville. BACKGROUND: In 2015 the City of Fayetteville modified its contract with USGS to begin monitoring both flow and major pollutants at two location on major outfalls from the City, Town Branch and Mud Creek . This data is being gathered continuously and through sampling at various times in order to more closely model the pollutant concentrations in these streams. This combined with the flow data will give accurate information on the total amount of the various constituents being measured leaving the City at these points. The information produced by the gauges can be viewed on the USGS website by following: Town Branch: http://waterdata.usgs.gov/usa/nwis/uv?07048495 Mud Creek: http://waterdata.usgs.gov/ar/nwis/uv?site no=071948095 DISCUSSION: Staff has proposed revisions from the 2022 program with the USGS. The main revision would include a separate agreement with the Watershed Resource Center for all sampling while maintaining this agreement with the USGS for stream gauge monitoring and maintenance as well as the real time monitoring of certain constituents. The program would continue to include continuous monitoring of flow, turbidity, temperature and conductance at two locations within the City of Fayetteville. However, one of the locations is proposed to move from the Armstrong Bridge at Town Branch to the Morningside Bridge at Town Branch directly upstream. The main reason is to avoid backwater impacts from the West Fork White River currently influencing the gauge. The Town Branch Bridge has recently been removed from the scour critical list and the gauge will be moved in the upcoming months. The first station is located on Town Branch near Armstrong currently and would monitor a largely developed area that discharges into the West Fork White River. The West Fork White River currently has Total Maximum Daily Load (TMDL) defined by ADEQ for turbidity. Monitoring just upstream of the West Fork allows the City to determine Fayetteville's contribution to this TMDL. Results indicate that the stream may meet the TMDL for Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 48 of 402 base flow conditions, however, it much higher during storm events. If/when the gauge is moved it will continue to run in the same fashion as that listed here. The second station is located on Mud Creek near Greg Avenue and monitors a largely developed area that discharges into the Illinois River via Clear Creek. Clear Creek is currently on the impaired list for pathogens, however, has been found to meet water quality standards over the last few years. This gauge is in place to meet the sampling requirements in the Municipal Separate Storm Sewer (MS4) permit for discharge into an impaired waterway. BUDGET/STAFF IMPACT: The total cost for the program described above would be $61,930 with the USGS contributing $5,000 in Cooperative Funding for a total cost to the City of Fayetteville of $56,930. In addition to the Cooperative Funds, the USGS provided and installed the equipment in 2015 at no cost to the City. The City portion is proposed to be split between the Engineering Divisiona do the Water and Sewer Department. As the information collected would benefit both departments equally, it is proposed to split the required funds 50/50 between the two projects, or a total of $28,465 each. ATTACHMENTS: Staff Review Form 2023 USGS-City Joint Funding Agreement, 2023 USGS_City Joint Funding Agreement Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 49 of 402 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-956 Approval of the 2023 USGS joint funding agreement in the amount of $56,930 (City's share) for stream gauge operation and maintenance for various locations within the City of Fayetteville. A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2023 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $56,930.00 WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S. Geological Survey for the operation and maintenance of urban stream gauging stations to record data concerning rainfall and runoff; and WHEREAS, in 2015, the City modified its agreement with the USGS to begin monitoring major pollutants at Town Branch and Mud Creek and the City will continue this monitoring to provide more accurate information regarding the pollutants leaving the City at these points; and WHEREAS, the USGS, which purchased and installed the monitoring equipment at no cost to the City, provides these services at a cost much lower than the City could receive from any other provider; and WHEREAS, pursuant to A.C.A. §14-58-104 the City may renew or extend the term of an existing contract without soliciting bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves and authorizes Mayor Jordan to sign a joint funding agreement, a copy of which is attached to this Resolution and made a part hereof, between the City of Fayetteville and the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2023 with the amount paid by the City of Fayetteville not to exceed $56,930.00. Page 1 Page 50 of 402 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-956 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/26/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of the 2023 USGS joint funding agreement in the amount of $56,930 (City's share) for stream gauge operation and maintenance for various locations within the City of Fayetteville. Budget Impact: 4470.621.8810-5314.00 and 5400.730.5800- 4470-Sales Tax Capital Improvement 5400- 5314.00 Water and Sewer Account Number Fund 02108.1 and 13018.1 Other Drainage Improvements and Wastewater Treatment/Water Quality Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,244,735.00 $ 129,472.32 1,115,262.68 $ 56,930.00 1,058,332.68 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 51 of 402 United States Department of the Interior U.S. GEOLOGICAL SURVEY Lower Mississippi -Gulf Water Science Center 640 Grassmere Park, Suite 100 Nashville, TN 37211 Mr. Lioneld Jordan Mayor City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Dear Mr. Jordan: June 29, 2023 Enclosed is a standard joint -funding agreement between the U.S. Geological Survey and City of Fayetteville for the operation and maintenance of two stream gages and two continuous water -quality meters, one on Mud Creek and one on Town Branch, during the period December 1, 2023 through December 31, 2023 in the amount of $56,930 from your agency. U.S. Geological Survey contributions for this agreement are $5,000 for a combined total of $61,930. Please sign and return one fully -executed original to My-Chae' J. May, Budget Analyst at 3535 S. Sherwood Forest Boulevard, Ste. 120 Baton Rouge, LA 70816. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement as soon as possible. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact Drew Westerman by phone number (501) 228-3643 or email dawester@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI-1040). Please allow 30-days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact My-Chae May at phone number (225) 298-5481 or email at gs-w-lmg-agreements@usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Sincerely, Shannon D. Williams, acting for: Rodney R. Knight Director, LMG Water Science Center Enclosure 23MLJFAARDA150 (2) Page 52 of 402 Form 9-1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000000775 Agreement #: 23MUFAARDA150 Project #: ML009Z5 TIN #: 71-6018462 Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the January 1, 2023, by the U.S. GEOLOGICAL SURVEY, Lower Mississippi -Gulf Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Fayetteville party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation the operation and maintenance of stream gages and continuous water -quality meters, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In -Kind -Services in the amount of $0.00 (a) $5,000 by the party of the first part during the period January 1, 2023 to December 31, 2023 (b) $56,930 by the party of the second part during the period January 1, 2023 to December 31, 2023 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www2.usgs.gov/fsp/). Page 53 of 402 Form 9-1366 U.S. Department of the Interior Customer #: 6000000775 (May 2018) U.S. Geological Survey Agreement #: 23MUFAARDA150 Joint Funding Agreement Project #: ML009Z5 FOR TIN #: 71-6018462 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Name: Drew Westerman Assistant Director - Data Chief, AR/TN Address: 401 Hardin Road Little Rock, AR 72211 Telephone: (501) 228-3643 Fax: (501) 228-3601 Email: dawester@usgs.gov USGS Billing Point of Contact Name: My-Chae May Budget Analyst Address: 3535 South Sherwood Forest Blvd Baton Rouge, LA 70816 Telephone: (225) 298-5481 Fax: Email: mjmay@usgs.gov U.S. Geological Survey United States Department of Interior Siqnature signed by SHANNON SHANNON WILLIAMS Datea2102306.33013:49:58-0500'ILLIAMS By acting for: Date: 6/29/2023 Name: Rodney R. Knight Title: Director, LMG Water Science Center Customer Technical Point of Contact Name: Alan Pugh Staff Engineer Address: 113 West Mountain Street Fayetteville, AR 72701 Telephone: (479) 575-8208 Fax: Email: apugh@fayetteville-ar.gov Customer Billing Point of Contact Name: Lioneld Jordan Mayor Address: 113 West Mountain Street Fayetteville, Arkansas 72701 Telephone: (479) 575-8330 Fax: Email: mayor@fayetteville-ar.gov By_ Name: Title: By_ Name: Title: By_ Name: Title: City of Fayetteville Signatures Date: Date: Date: Page 54 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2023-963 THRU: Brad Hardin, Fire Chief FROM: Granville Wynn, Financial Analyst - Fire DATE: July 27, 2023 SUBJECT: Fire Department Administrative Policies Approval RECOMMENDATION: FIRE DEPARTMENT ADMINISTRATIVE POLICIES APPROVAL (POLICY CHANGES): BACKGROUND: The Fayetteville Fire Department is currently in the process of reviewing policies and updating as necessary to make changes as recommended and to meet best practices while working through the CFAI accreditation process. Formatting changes are due to a prior change in policy management software. DISCUSSION: These changes are part of the following Policies: Section 100 General Information & Introduction Electronic Communications & Devices External Customer Relations General Information and Introduction Human Resources Incentive Plan Internal Customer Relations Labor & Management Relations Mission & Vision Statement Operations Reporting and Documentation Personnel Physical Resources Special Operations Section (SOS) Section 200 Safety, Health & Wellness Personal Protective Equipment These changes include wording and formatting to aid in the process for maintaining and modifying policies and procedures. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 55 of 402 No Budget Impact with these Policy Changes ATTACHMENTS: FFD Council Packet _SRF & Policy Documents for File #2023-963 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 56 of 402 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-963 Fire Department Administrative Policies Approval A RESOLUTION TO APPROVE REVISED FAYETTEVILLE FIRE DEPARTMENT POLICIES WITHIN SECTION 100 GENERAL INFORMATION AND INTRODUCTION, AND SECTION 200 SAFETY, HEALTH & WELLNESS 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 revised Fayetteville Fire Department policies within Section 100 General Information & Introduction and Section 200 Safety, Health & Wellness, copies of which are attached to this Resolution. Page 1 Page 57 of 402 City of Fayetteville Staff Review Form 2023-963 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Brad Hardin 7/27/2023 FIRE (300) Submitted By Submitted Date Division / Department Action Recommendation: Staff is requesting Council Approval adopting Fayetteville Fire Department Administrative Policy Changes. Account Number 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: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title $ - t Previous Ordinance or Resolution # Approval Date: V20221130 Page 58 of 402 Old Administrative Operating Policy (AOP) Page 59 of 402 Fayetteville Fire Department Administrative Policies Policy-101 General Information and Introduction Version 8 Date Created 11/14/2022 SOG Reference: All SOG & EOG CFAI Reference: 7A.3, Purpose CITY OF FAYETTEVILLE ARKANSAS The Fayetteville Fire Department (FFD) Administrative Policies, the City of Fayetteville Policies and Procedures and Standard Operating Procedures, the Rules and Regulations of the Civil Service Commission of the City of Fayetteville, the FFD Standard Operating Guidelines (SOG), and the FFD Emergency Operating Guidelines (EOG) are the official controlling documents and requirements of the Fayetteville Fire Department and as such, are intended for the general guidance of the Firefighters and members of the Fayetteville Fire Department. Scope Much is left to the zeal and discretion of the individual, and efficiency ratings as well as disciplinary actions will depend upon the way the Firefighters and members conduct themselves in the performance of their duties. Compliance with the operating procedures and careful attention to the orders of department officers is necessary to retain the respect and goodwill of the public which this department enjoys. Violations of any of the operating procedures, neglect, or omission of any of the duties prescribed herein, are considered offenses, and any member found guilty will, at the discretion of the Fire Chief, be subject to reprimand, suspension, demotion, or dismissal from the department. Page 60 of 402 Administrative Policies Administrative Policies of the Fayetteville Fire Department will contain administrative information related to the overall operation of the department throughout all divisions, programs, and services provided. All Administrative Policies will be reviewed by, and formally approved by the Fayetteville City Council. Any new Administrative Policy or change to existing Administrative Policy will be approved through the Labor Management Team (LMT) process, then submitted to and approved by the City Council before it can be published. Any new Administrative Policy or change to an Administrative Policy that has not been fully approved by LMT and City Council will not be considered valid except as outlined below in the section titled Administrative Directives. Administrative Directives Administrative directives will be issued only in emergency situations where changes are time sensitive and vital to the continuance of safe operations. Administrative Directives related to existing policies will reference the policy number, be maintained in the policy management software, and be emailed out to all personnel. Administrative directives will expire in 60 days unless through LMT Consensus action is taken to extend or modify them. Efforts will be made to change the current policy or create a new one during that time. If the Administrative directive must be extended or modified, it will be resent to all personnel by email. Once a new policy draft has been created it must go through the process for approval by the LMT and City Council before being published. Once published, the approved version will be sent out as a reading assignment through the policy management system and the Administrative Directive will be archived. Standard Operating Guidelines. Standard Operating Guidelines (SOG) of the Fayetteville Fire Department will contain detailed guidelines and procedures for the administration of the related approved Administrative Policy. The SOG document must remain flexible to ensure the ability to swiftly enact procedural updates. Any Change to the SOG will be assigned to FFD Personnel through the policy management system for review. SOGs shall not be put in place without the existence of a related Administrative Policy that will define the purpose and parameters of the SOG. All new SOG documents or changes to those in existence will be approved by the LMT. Page 61 of 402 Emergency Operating Guidelines Emergency Operating Guidelines (EOG) of the Fayetteville Fire Department will contain more detailed information regarding fire ground and emergency scene organization, strategies, and tactics. The EOG document must remain flexible to ensure the ability to swiftly enact procedural updates and technological changes based on fire service industry standards. EOGs shall not be put in place without the existence of a related Administrative Policy that will define the purpose and parameters of the EOG. All new EOG documents or changes to those in existence will be approved by the LMT. Policy Maintenance Maintenance of policies and procedures will be the responsibility of a designated Chief Officer. Additions, deletions, and modifications will be implemented as necessary to reconcile changing conditions, and to reflect revisions in policies and procedures. All policies whether in published, draft or archived status will be stored and maintained utilizing a policy management software program. Current PDF versions of all policies will be available to all personnel in the designated policy software program. Page 62 of 402 New Administrative Policy (AP) Page 63 of 402 Fayetteville Fire Department Administrative Policies General Information and Introduction Version 15 Created: November 8, 2016 Revised: July 27, 2023 SOG Reference: All SOGs CFAI Reference: Criterion 1A: Governing Body Purpose The Fayetteville Fire Department (FFD) Administrative Policies, the City of Fayetteville Policies and Procedures and Standard Operating Procedures, the Rules and Regulations of the Civil Service Commission of the City of Fayetteville, the FFD Standard Operating Guidelines (SOG), and FFD Administrative Directives are the official controlling documents and requirements of the Fayetteville Fire Department and as such, are intended for the general guidance of the uniformed and nonuniformed members of the Fayetteville Fire Department. Scope Much is left to the zeal and discretion of the individual, and efficiency ratings as well as disciplinary actions will depend upon the way the Firefighters and members conduct themselves in the performance of their duties. Compliance with the operating procedures and careful attention to the orders of department officers is necessary to retain the respect and goodwill of the public which this department enjoys. Violations of any of the operating procedures, neglect, or omission of any of the duties prescribed herein, are considered offenses, and any member found guilty will, at the discretion of the Fire Chief, be subject to reprimand, suspension, demotion, or dismissal from the department. Administrative Policies Administrative Policies of the Fayetteville Fire Department will contain administrative information related to the overall operation of the department throughout all divisions, programs, and services provided. All Administrative Policies will be reviewed and formally approved by the Fayetteville City Council. Any new Administrative Policy or change to an existing Administrative Policy will be approved through the Labor Management Team (LMT) process as outlined in the Labor & Management Relations policy, then submitted to and approved by the City Council before it will be published. Any new Administrative Policy or change to an Administrative Policy that has not been fully approved by LMT and City Council will not be considered valid except as outlined below in the section titled "Administrative Directives." 9% CITY OF FAYETTEVILL■ ARKANSAS 1 Page 64 of 402 Fayetteville Fire Department Administrative Policies General Information and Introduction Version 15 Created: November 8, 2016 Revised: July 27, 2023 SOG Reference: All SOGs CFAI Reference: Criterion 1A: Governing Body Administrative Directives Administrative Directives will be issued only in emergency situations where changes are time -sensitive and vital to the continuance of safe operations. Administrative Directives related to existing Administrative Policies and SOGs shall reference the policy or SOG number, be maintained in the current policy management software, and be emailed out to all FFD personnel. Administrative Directives will expire 60 days from the date of implementation, unless through LMT Consensus, action is taken to extend or modify them. Efforts will be made to change the current policy or create a new policy during the first 60 days a directive is active. If the Administrative Directive must be extended or modified, it will be sent to all personnel by email. Once a new policy draft has been created it must go through the process for approval by the LMT and City Council before being published. Once published, the approved version will be sent out as a reading assignment through the current policy management software utilized by the department and the Administrative Directive will be archived. Standard Operating Guidelines (SOG) Standard Operating Guidelines (SOGs) of the Fayetteville Fire Department will contain detailed guidelines and procedures for the implementation of the related approved Administrative Policy. The SOG document must remain flexible to ensure the ability to swiftly enact procedural updates. Any change to a SOG will be assigned to FFD personnel through the policy management software for review. SOGs shall not be put in place without the existence of a related Administrative Policy that will define the purpose and parameters of the SOG. All new SOG documents or changes to those in existence will be approved by the LMT. Policy Maintenance Maintenance of policies and procedures will be the responsibility of a Chief Officer or their designee. Additions, deletions, and modifications will be implemented as necessary to reconcile changing conditions, and to reflect revisions in policies and procedures. All policies whether published, draft, or archived status will be stored and maintained in the current policy management software utilized by the Fayetteville Fire Department. Current PDF versions of all department Administrative Policies, Administrative Directives, and Standard Operating Guidelines will be available to all department personnel in the designated policy software program. 9% CITY OF FAYETTEVILL■ ARKANSAS 2 Page 65 of 402 Iva CITY OF FAYETTEVILLE ARKANSAS *PYETTLVj OutpiFIRE F () AAK The following Administrative Polices are newly created documents. These policies have been created to better organize the supporting Standard Operating Guidelines (SOGs) that the Fayetteville Fire Department uses for day-to-day operations, emergency operations, and carrying out the mission of the FFD. These new Administrative Policies shall replace any prior approved Fayetteville Fire Department Administrative Operating Polices (FFD AOPs). Mailing Address 303 W. Center St. Fayetteville, AR 72701 www.fayetteville-ar.gov Page 66 of 402 New Administrative Policy (AP) Page 67 of 402 Fayetteville Fire Department Administrative Policies Electronic Communications & Devices Version 2 Created: March 9, 2023 Revised: July 10, 2023 SOG Reference: 113, 120, CFAI Reference: Criterion 9D: Information Technology Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS The purpose of this policy is to ensure the proper use of all fire department electronic communications systems, networks, and devices. These systems and devices are for the official use of Fayetteville Fire Department (FFD) employees and are intended to improve the efficiency and quality of departmental operations. Access to the system permits employees to connect to information resources on a global basis. Each employee has a responsibility to use all types of electronic communication including: Internet, city intranet (COFI), Mobile Data Terminal (MDT), telephones, tablets, computers, and email in a productive manner consistent with a good public image. This policy outlines the minimum requirements for use of these tools within the COFI, FFD, and any other future networks. This policy covers appropriate use of any email sent from a FFD email address and applies to all uniformed and non -uniformed members of the FFD. Scope Standard Operating Guidelines (SOGs) will outline specific department policies concerning the use of social media, citywide email, city intranet (COFI), internet usage, and department issued electronic communication devices. The discretion and good judgement of the individual is relied upon to make correct choices in situations they might find themselves in. If an employee is found to have intentionally misused or abused an electronic communications medium, disciplinary actions will depend upon the nature and severity of the infraction. Compliance with the standard operating guidelines is necessary to retain the respect and goodwill of the public which this department enjoys. Policy Intentional violations of any of the SOGs, neglect, or omission of any of the duties prescribed therein, are considered offenses, and any member found guilty after an investigation will, at the discretion of the Fire Chief, be subject to reprimand, suspension, demotion, or dismissal from the department. Page 68 of 402 Fayetteville Fire Department Administrative Policies External Customer Relations Version 2 Created: February 23, 2023 Revised: July 7, 2023 SOG Reference: 102, 1055 107, 129 CFAI Reference: Category 1 Purpose To define the groups of people outside of the Fire Department with whom our personnel come into contact. To offer guidelines to promote educational opportunities, allow station visits, apparatus visit requests, "Safe -Place" program, how to address citizen complaints, and "ride -a -longs" for citizens. This policy and following guidelines address these opportunities and programs while taking into consideration safety, security, and liability. Customer Relations Customer Relations is simply how we treat people. How we treat people is what determines how our customers think of us. The Fayetteville Fire Department is committed to maintaining the highest standard of customer care. 1. External customers are the citizens and visitors of the city. 2. Internal customers are Fire Department personnel and other City employees. 3. All customers, internal and external, will be treated with dignity and respect. All employees of the Fayetteville Fire Department, regardless of rank, are empowered and expected to foster a positive working relationship and image within and throughout the community. Policy This policy will apply to everyone within the fire department to ensure the safety of our personnel and that of the public. 1. The fire department will provide guidelines addressing the following. • Customer Service • Station Visitors • Department Ride -a -Longs • Department Safe Place Program • Citizen Complaints 2. SOGs shall be created and maintained detailing all procedures related to this policy. 3. All creation, maintenance, and changes of SOGs shall follow the LMT process established in the Labor & Management Relations policy. 9% CITY OF FAYETTEVILL■ ARKANSAS Page 69 of 402 Fayetteville Fire Department Administrative Policies Human Resources Version 1 Created: March 9, 2023 Revised: July 10, 2023 SOG Reference: 101, 1065 108, 112, 204 CFAI Reference: Criterion 7A: Human Resources Administration Purpose The purpose of this policy is to provide general guidance for the development and deployment of Standard Operating Guidelines (SOGs) for the management of the uniformed and non -uniformed members of the Fayetteville Fire Department. These guidelines will be used for retention, recruitment, promotion, awards recognition, discipline, and internal investigations. Other guidelines not listed can be added as they are needed in the future. Scope Recruitment, development, and retention of quality employees is a recognized necessity not just in the fire service, but in every industry. The Fayetteville Fire Department (FFD) invests a great deal of time and capital in every uniformed fire fighter from the minute they take their Duty Oath until they retire. The FFD recognizes it is in the department and the city's best interest to foster positive and productive workplace culture by promoting employee engagement, addressing employee concerns and grievances, and providing opportunities for professional development and growth. Overall, SOGs developed under the Human Resources Policy are designed to support the FFD's mission and objectives by ensuring that it has a capable and motivated workforce that is aligned with the department's values and goals. 9% CITY OF FAYETTEVILL■ ARKANSAS Page 70 of 402 Fayetteville Fire Department Administrative Policies Incentive Plan Version 2 Created: March 28, 2023 Revised: July 10, 2023 SOG Reference: 126 CFAI Reference: Category 7: Human Resources Purpose r FAYETTEVILLE ARKANSAS The purpose of this policy is to provide information on the Fayetteville Fire Department Incentive Plan, which was approved by the City Council on March 7, 2023, as well as how it shall be implemented by the department. Scope Resolution 79-23 of 2023 was approved at the recommendation of a pay and benefits study and reads as follows. A RESOLUTION TO APPROVE THE FIRE DEPARTMENT INCENTIVE PLAN, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS the 2023 Fire and Police Pay and Benefits Study completed by JER HR Group was approved by the City Council on March 7, 2023; and WHEREAS the study identified areas for improvement for the Fire Department to remain competitive in the job market with respect to incentive pay for longevity, education, and certification/assignment; and WHEREAS offering these incentives will allow market competitiveness for the Fire Department, help with the retention of staff in specialized assignments, encourage pursuit of higher education within the department, provide the community with well -trained and certified personnel in the areas of Aircraft Rescue & Firefighting, Haz-mat/Weapons of Mass Destruction/Urban Search and Rescue, Emergency Response Team, field Training Officers and Peer -to -Peer Wellness/Fitness Trainers, as well as provide incentive for bi-lingual certification to better communicate with Fayetteville's diverse population. Policy • The fire department will provide guidelines on the following: • Definition of incentive pay. • Distribution of pay. • Number of qualifying team/assignment positions. • Required training, education, and or certificates. • The Fire Chief or his/her/their designee will be the final authority. • SOGs shall be created and maintained detailing all procedures related to this policy. • All creation, maintenance, and changes of SOGs shall follow the LMT process established in the Labor & Management Relations policy. Page 71 of 402 Fayetteville Fire Department Administrative Policies Incentive Plan Version 2 Created: March 28, 2023 Revised: July 10, 2023 SOG Reference: 126 CFAI Reference: Category 7: Human Resources Incentive Parameters • Longevity Pay • 5-9 years $700 per year • 10+ years $1,400 per year • 15+ years $2,100 per year • 20+ years $2,800 per year • 25+ years $3,500 per year • Education Pay • Associate Degree $25 per pay period • Bachelor's Degree $100 per pay period • Master's Degree $150 per pay period • Certificate/Assignment Pay • Hazmat Tech 2% • Hazmat Team Leader 4% • ARFF Certified 2% • ARFF Team Leader 4% • ERT Team 2% • Peer Team 2% • FTO 2% • Bilingual 2% 2 r FAYETTEVILLE ARKANSAS Page 72 of 402 Fayetteville Fire Department Administrative Policies Internal Customer Relations Version 1 Created: February 23, 2023 Revised: May 31, 2023 SOG Reference: 108 CFAI Reference: Category 7: Human Resources Purpose IV r RAYITTIVILL[ ARKANSAS The purpose of this policy is to provide guidelines for members of the Fayetteville Fire Department, uniformed and civilian, on how we treat our internal customers. Our members, and fellow City of Fayetteville employees, are the most valuable asset the Fire Department and the City has, and we should all strive to do our absolute best to treat each other with respect and dignity. Customer Relations Customer Relations is simply how we treat people. All Fayetteville Fire Department members should be committed to maintaining the highest standard of customer care. How we treat each other can determine the success or failure of the department, a company, a call, and ultimately the firefighter. How we treat other city employees can and will affect relationships between our department and other city departments for years to come. Policy 1. Treat internal customers with respect and dignity always. All members of the department are expected to behave in a professional manner and to maintain a positive and courteous attitude when interacting with other members of the Fire Department and other City employees. 2. Communicate effectively with internal customers. Members of the department are expected to provide clear and concise communication when interacting with internal customers, whether in person, over the phone, or via email. If a member of the department is unsure about how to respond to a question or concern, they should seek guidance from their supervisor or another appropriate authority. 3. Respond promptly to internal customer requests. Members of the department are expected to respond to internal customer requests in a timely and efficient manner. This includes promptly returning phone calls and emails, as well as addressing any concerns or issues in a timely manner. 4. Maintain confidentiality. Members of the department are expected to maintain the confidentiality of any information shared by internal customers, in accordance with departmental policies and procedures. 5. Provide a safe and healthy work environment. Members of the department are expected to take steps to ensure a safe and healthy work environment for themselves and their colleagues, including following all safety protocols and reporting any hazards or concerns to their supervisor. 6. Seek feedback and continuously improve. Members of the department are expected to seek feedback from their internal customers and use this feedback to continuously improve their service. This includes actively seeking out opportunities to learn and grow and being receptive to constructive criticism. 1 Page 73 of 402 Fayetteville Fire Department Administrative Policies Labor & Management Relations Version 2 Created: March 8, 2023 Revised: July 10, 2023 SOG Reference: 109 CFAI Reference: Category 1 Governance and Administration Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS The purpose of the Labor/Management Team process is to improve the workplace. It is a tool used by labor and management to investigate, study, create/maintain policies & SOGs, and discuss possible solutions to mutual problems affecting labor & management relations. Below is an abbreviated outline of the LMT, for a detailed definition of the team, meeting rules that both sides have agreed to abide by, and goals reference SOG-109 Labor/Management Team. Scope The Labor/Management Team (LMT) process promotes cooperative decision making between Management and Labor to make the Fayetteville Fire Department (FFD) more effective as an organization. The focus of our efforts is the total commitment to the members of the FFD and the public we serve. The members of the Fire Department and other City of Fayetteville employees (COF) are internal customers. The people who receive FFD services are external customers. Every decision, at every level of the LMT process must consider the customer first. The labor/management process assists in planning policy and procedures as well as resolving a variety of challenges that arise. General Outline The LMT consists of labor leaders and fire administration managers meeting monthly to create/maintain departmental policies/guidelines, and resolve issues or problems within the FFD. 2. Long-standing problems may not generally be solved by quick or easy solutions. However, the LMT provides a forum to tackle these problems. 3. The Union leaders and management must be committed to the success of the LMT. 4. The increased communications between the parties will lead to a better Labor/Management relationship. 5. The LMT process will be invaluable in reaching solutions to mutual problems. Page 74 of 402 Fayetteville Fire Department Administrative Policies Labor & Management Relations Version 2 Created: March 8, 2023 Revised: July 10, 2023 SOG Reference: 109 CFAI Reference: Category 1 Governance and Administration The Basic Formula for Success 9% CITY OF FAYETTEVILL■ ARKANSAS 1. Willingness to recognize that problems may exist. 2. Desire to improve the current situation. 3. Commitment to allocating resources (time and energy). 4. Expectations must be realistic in nature. 5. Long term cooperation and relationships are greater than any single issue, policy, or guideline. 6. Divisive topics must be removed from the LMT. Certain topics may arise that are so divisive that they threaten the LMT process and divide the department. If a consensus cannot be reached, the Fire Chief shall withdraw the topic from the LMT process and make the final decision on said topic. Labor/Management Team Members 1. The number of team members is made up equally of representatives from IAFF Local 2866 (labor) and Fayetteville Fire Administration (management). 2. The Labor members should include the local union leadership, stewards, and representatives of each shift and/or members appointed by the Union President. 3. Management members must include Chief Officers and/or other members appointed by the Fire Chief. 4. Additional members may be included as required. General guidelines 1. It is recognized that recommendations growing out of these meetings are not binding. 2. No grievances shall be discussed, and no bargaining shall take place. 3. Topics that could lead to grievances may be discussed. 4. Each person wishing to speak shall be recognized by the Chair before speaking. 5. The Chair shall recognize a motion from either party to table a topic for further study. 6. Either party may initiate a request to the Federal Mediation and Conciliation Service for assistance. 2 Page 75 of 402 Fayetteville Fire Department Administrative Policies Mission & Vision Statement Version 2 Created: February 23, 2023 Revised: July 14, 2023 SOG Reference: 100, 101 CFAI Reference: Category 3 Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS This policy is the foundational core of the Fayetteville Fire Department. This is our mission, our vision, what we strive to achieve every day, on every call, and in every contact, we have with the citizens of our city. Just Cause, Mission, & Vision Statement Just Cause: To save lives and property. Mission Statement: To put other's needs in front of our own to save life and property. What we do is for you. Vision Statement: Our vision is to ensure our firefighters are trained in the latest firefighting techniques, have the best equipment available, are physically fit, and are physically and mentally intact. By ensuring our people are at their best, we will provide the best quality service possible to our customers. Core Values The core values of the Fayetteville Fire Department are Commitment, Courage, & Honor. These values form the foundation of our policies, decisions, and goals. • Commitment: To serve each other, our families, and our customers. • Commitment: To advance our purpose through our vision and mission. • Commitment: To continuously improve ourselves and the department. • Courage: To do the right thing in the face of adversity. • Courage: To face our fears. • Courage: To put the needs of others above our own. • Honor: To instill and maintain the trust of the community of our members, through our actions and commitment to service. • Honor: To respect the service and sacrifice of the past, present, and future. • Honor: To have the integrity to do the right thing. 1 Page 76 of 402 Fayetteville Fire Department Administrative Policies Operations Reporting and Documentation Version 2 Created: March 22, 2023 Revised: July 10, 2023 SOG Reference: 104, 1075 108, 111, 123 CFAI Reference: 9C.4, 9D.2 Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS The purpose of this policy is to establish guidelines for thorough record keeping, report writing, and documentation in the Fayetteville Fire Department (FFD). The accurate and detailed record keeping of all incidents, responses, inspections, accidents, calls for service, public contact, training activities, and community outreach is essential for the efficient and effective operation of the department. Proper documentation ensures that information is available for analysis, future planning, and decision -making. Policy All uniformed and civilian members of the Fayetteville Fire Department are required to maintain thorough record keeping, report writing, and documentation to ensure accurate and complete records of all incidents, inspections, training, and any other activities related to the department's mission. This includes, but is not limited to, fire incidents, medical emergencies, hazardous materials incidents, rescues, citizen complaints, general calls for service, educational demonstrations, equipment maintenance, inspections, and repairs. The documentation will be completed in a timely and efficient manner to ensure that it is available for use in various areas of the department. All records and reports will be written and kept in the current software/program the Fayetteville Fire Department is utilizing. This will ensure consistency and ease of access to information. Members must ensure that all required data fields are filled out accurately and completely, including incident date and time, location, type of incident, and a detailed narrative of the incident or activity. All department members are responsible for providing detailed report narratives. Narratives are an essential component of the report, they provide a record of the incident, and are a legal document that can and will be used in legal proceedings. The narratives should be objective and detailed, providing information on the circumstances surrounding the incident or activity, the actions taken by the company or individual, and the outcome of those actions. When documenting an incident, members should include observations, actions taken, and results. Members should also include any relevant environmental factors, such as weather or other conditions, which may have impacted the incident. It is the responsibility of the individual making the report or creating documentation to ensure that records are legible, complete, and accurate. Any corrections or additions to records must be made in a timely manner and clearly marked as such. Any member who becomes aware of inaccuracies in reports or documentation must report the error to a supervisor for correction. All records and reports are considered confidential and are only accessible to authorized personnel. Any unauthorized access to records or reports will result in disciplinary action. Page 77 of 402 Fayetteville Fire Department Administrative Policies Personal Protective Equipment (PPE) Version 2 Created: June 26, 2023 Revised: July 17, 2023 SOG Reference: 208, 2095 210, 211 CFAI Reference: 11A Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS The purpose of this policy is to identify and define what Personal Protective Equipment (PPE) is. As well this policy will provide a framework for Standard Operating Guidelines to follow, addressing the purchasing, issuing, use, inspection, cleaning, maintenance, and ultimate destruction/disposal of degraded fire department owned PPE. Definitions Bunker Gear (Bunkers) Bunker Gear, also known as bunkers or turnout gear, is the protective ensemble a fire fighter wears during various emergency operations, including structural firefighting. Bunker Gear consists of a helmet, flash hood, coat, gloves, suspenders, pants, and boots. Ensemble shall be compliant to the current NFPA Standard. Structural Ensemble Full bunker gear ensemble plus SCBA, integrated PASS device, and face mask. The full structural ensemble will be worn anytime a firefighter is working in an immediate danger to life and health (IDLH) environment at a structure fire. Wildland Gear Wildland gear (Light Gear) is a limited protective light ensemble. Wildland gear consists of a helmet, eye protection (when applicable) coat, pants, boots, appropriate gloves for the task being performed. Light gear may be worn during technical operations, wildland firefighting, automobile extrications/rescues, outside training operations, or other appropriate situations. Wildland gear is not to be worn during interior firefighting operations. Ensemble shall be compliant to the current NFPA Standard. Swiftwater Gear Swiftwater gear is a complete PPE ensemble consisting of a helmet, eye protection (when applicable), wet or dry suit, gloves, footwear, personal flotation device (PFD), rescue knife, whistle, and personal locator beacon (PLB). Ensemble shall be compliant to the current NFPA Standard. Vapor -Protective Ensemble Vapor -Protective Ensemble (VPE) shall consist of an appropriate helmet, eye protection, appropriate HAZMAT encapsulation suit, appropriate gloves, footwear, and SCBA with facemask. Ensemble shall be compliant to the current NFPA Standard. Page 78 of 402 Fayetteville Fire Department Administrative Policies Personal Protective Equipment (PPE) Version 2 Created: June 26, 2023 Revised: July 17, 2023 SOG Reference: 208, 2095 210, 211 CFAI Reference: 11A 9% CITY OF FAYETTEVILL■ ARKANSAS Liquid Splash Ensemble A full liquid splash protective ensemble shall consist of adequate head, eye, and airway protection, appropriate liquid splash protection suit, appropriate gloves, and footwear. Ensemble shall be compliant to the current NFPA Standard. Medical Call Ensemble All department members are encouraged to exercise their best judgment when responding to an emergency medical call. At a minimum liquid proof non latex exam gloves should be worn on every medical call and discarded in the appropriate manner after the call is terminated. N95 masks will be available on all apparatus for use. Hearing Protection Hearing protection will be provided to all members of the FFD operating in environments where sound levels equal or exceed eighty-five (85) dbA. Hearing protection will meet or exceeds the minimum requirements set forth in 29 Code of Federal Regulations 1910.95, Occupational Noise Exposure and NFPA 1500, Standard on Fire Department Occupational Safety and Health Program, Section 7.21. Hearing protection will consist of headphones inside fire apparatus that must be worn while members are riding an apparatus. Hearing protection consisting of ear plugs will be provided to all members and should be worn anytime a member is working in an environment outside of an apparatus where sound levels equal or exceed eighty-five (85) dbA. Eye Protection Eye Protection shall be provided on every apparatus. Eye protection will conform to 29 Code of Federal Regulations 1910.133, Eye and face protection and NFPA 1500, Standard on Fire Department Occupational Safety and Health Program, Section 7.21. Other PPE While this policy lists specific forms of PPE there are numerous forms utilized by department members that are unlisted here. These forms of PPE are typically for day-to- day operations such as housekeeping or yard work and do not need to be specifically cited. Department members are expected to use their experience, training, and best judgement when and how these forms of PPE should be utilized. 2 Page 79 of 402 Fayetteville Fire Department Administrative Policies Personal Protective Equipment (PPE) Version 2 Created: June 26, 2023 Revised: July 17, 2023 SOG Reference: 208, 2095 210, 211 CFAI Reference: 11A Policy 9% CITY OF FAYETTEVILL■ ARKANSAS Standard Operating Guidelines (SOGs) will be developed and maintained by the Fayetteville Fire Department (FFD) concerning the use of the defined types of PPE. It will be the policy of the FFD to purchase and provide PPE that conforms to the current NFPA standard for each type of ensemble. The department recognizes that not every situation or every call will require every member to be in full PPE. Example: A Driver/Operator will not need to be in a full structural ensemble while working at a pump panel during a structure fire, however, a Safety Officer might need a full ensemble if they are downwind outside of the same burning structure. Department members are expected to rely on their training and best judgment when operating at a scene. ANY department member that is entering or working in an IDLH environment will wear the correct full ensemble for the environment they are in. For further information, reference specific SOGs for each type of PPE. 3 Page 80 of 402 Fayetteville Fire Department Administrative Policies Personnel Version 2 Created: March 13, 2023 Revised: July 20, 2023 SOG Reference: 110, 1145 115, 1163 117, 1215 124 CFAI Reference: 7B, 7C5 7E Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS The purpose of this policy is to establish Standard Operating Guidelines (SOGs) for the fair and consistent treatment of all uniformed and civilian Fayetteville Fire Department (FFD) employees. Those guidelines will outline the responsibilities of administration and employees, while ensuring compliance with local, state, and federal laws & regulations. This policy is designed to create a positive work environment that promotes teamwork, professionalism, and accountability. Policy This policy shall apply to all uniformed and civilian employees of the FFD, regardless of position or classification. This policy should not be interpreted as superseding any City of Fayetteville Human Resources (HR) policies. All FFD SOGs referenced in or created under this policy shall align with city HR policies. If a city HR policy changes and a department SOG conflicts with the change the SOG will be scheduled for review and amendment in accordance with the Labor & Management Relations policy. If necessary, the Fire Chief will issue an Administrative Directive to make an immediate change to the SOG, and the SOG will then be amended within 60 days of the Administrative Directive's effective date. All employees are expected to comply with this policy, as well as any other applicable departmental standard operating guidelines (SOGs), Administrative Policies, and Administrative Directives. This policy is subject to change, and all fire department employees will be notified of any updates or revisions. Page 81 of 402 Fayetteville Fire Department Administrative Policies Physical Resources — 2023 Revision Version 2 Created: March 22, 2023 Revised: July 10, 2023 SOG Reference: 118, 122 CFAI Reference: Category 6: Physical Resources Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS The purpose of this policy is to provide a systematic process for the inspection and evaluation of physical resources daily, quarterly, semi-annually, and annually. Policy Self -Contained Breathing Apparatus (SCBA) All FFD owned SCBAs shall be inspected annually. The inspection shall include back frames, hoses/reducers, face mounted regulator, electronics, and bottle. Spare SCBA bottles shall be inspected annually. The bottle inspection will be a visual inspection and hydrostatic date check. All inspection results shall be documented in the current software/program being utilized by the FFD. The current revision of NFPA 1852 shall be utilized for all SCBA related inspections. After January 1, 2025 the current revision of NFPA 1850 shall be utilized in accordance with the NFPA Emergency Response and Responder Safety Document Consolidation Plan. SCBA Fill Stations All SCBA fill stations will have air sampling conducted quarterly in accordance with the current revision of NFPA 1989. Air samples will be tested by an independent accredited laboratory. Fixed breathing air storage cylinders shall be inspected and tested in accordance with the current revision of DOT - Qualification, Maintenance and use of Cylinders 49 CFR 173.34. All test results will be documented in the current software/program being utilized by the FFD. After January 1, 2025 the current revision of NFPA 1985 shall be utilized in accordance with the NFPA Emergency Response and Responder Safety Document Consolidation Plan. SCBA Mask Fit Testi Annual mask fit testing shall be performed for every member of the FFD that could possibly be tasked with internal firefighting operations. Fit testing will be conducted in annually, or if a department member has a significant change in body weight. For members that are unavailable during testing, makeup tests will be scheduled as soon as possible after they return to duty. The current revision of OSHA - Respiratory Protection Standard 29 CFR 1910.134 & the current revision of NFPA 1404 shall be utilized for fit testing. After January 1, 2025 the current revision of NFPA 1400 shall be utilized in accordance with the NFPA Emergency Response and Responder Safety Document Consolidation Plan. All test results will be documented in the current software/program being utilized by the FFD. Page 82 of 402 Fayetteville Fire Department Administrative Policies Physical Resources — 2023 Revision Version 2 Created: March 22, 2023 Revised: July 10, 2023 SOG Reference: 118, 122 CFAI Reference: Category 6: Physical Resources Bunker Gear 9% CITY OF FAYETTEVILL■ ARKANSAS Inspection of all FFD issued Bunker Gear shall be conducted annually. The inspection results shall be documented in the current software/program being utilized by the FFD. The current revision of NFPA 1851 shall be utilized for inspections. After January 1, 2025 the current revision of NFPA 1850 shall be utilized in accordance with the NFPA Emergency Response and Responder Safety Document Consolidation Plan. Fire Apparatus. Trailers. & Staff Vehicles All fire apparatus, trailers, and staff vehicles shall be inspected at their annual Preventative Maintenance (PM) appointment by a member of the Fayetteville Fleet Operations Division. The inspection shall include the following vehicular components: brake system, exhaust system, fuel system, cab condition, exterior components, lighting devices, steering mechanism, windshield, pump panel (if applicable), pump (if applicable), frame, tires, wheels, suspension, engine compartment, drive train and auxiliary equipment (generators, etc.). All fire apparatus and staff vehicles will have annual, semi-annual, and quarterly PM conducted by the Fleet Operations Division on their schedule. All maintenance records will be maintained by the Fleet Operations Division concerning fire apparatus, staff vehicles, and trailers. Front line and reserve fire apparatus will have daily and weekly function inspections performed by the FFD personnel assigned to the apparatus. Daily and weekly inspection results will be documented in the software/program being utilized by the FFD by the members performing the inspections. Tools, Supplies & Small Equipment Tools and small equipment assigned to front line and reserve fire apparatus will be inspected, tested, or ran during daily and weekly apparatus function inspections by FFD personnel assigned to said apparatus. Daily and weekly tool and equipment inspection results will be documented in the software/program being utilized by the FFD by the members performing the inspections. Any equipment found to be broken or otherwise nonfunctional will be removed from service and a repair ticket will be submitted in the program/software being utilized by the FFD for equipment repair. Consumable supplies (hand sanitizer, rubber gloves, N95 masks, medical supplies, etc.) will be replenished as they are used from the supply locker located at Station 1. All consumables that are removed from the supply locker will be logged in the program/software or method currently being utilized to track consumables usage. 2 Page 83 of 402 Fayetteville Fire Department Administrative Policies Physical Resources — 2023 Revision Version 2 Created: March 22, 2023 Revised: July 10, 2023 SOG Reference: 118, 122 CFAI Reference: Category 6: Physical Resources Facilities 9% CITY OF FAYETTEVILL■ ARKANSAS Inspection of all facilities will be conducted yearly by Fayetteville Facilities Management Division on their schedule. Inspection of facilities shall include all areas inside and outside, concealed spaces, HVAC equipment, sprinkler and alarm systems, and appliances. When maintenance issues arise throughout the year, members assigned to the building will coordinate with the Facilities Management Division via the Facilities Management Work Request Form located on the COFI home page. If it is determined the repair(s) are beyond the scope of the Facilities Management Division an outside contractor will be hired. All records will be maintained by the Facilities Management Division. Trainina Props. Eauioment. and Tower Inspections/Maintenance The Fayetteville Fire Department Training Center (FFD-TC) burn tower shall be inspected and certified every 5 years by an outside licensed professional engineer with live fire training structure experience in accordance with the most recent revision of NFPA 1402. After January 1, 2025 the current revision of NFPA 1400 shall be utilized in accordance with the NFPA Emergency Response and Responder Safety Document Consolidation Plan. Training Division personnel will conduct an annual inspection of the FFD-TC. Any major deficiencies, damage, or needed repairs will be recorded in the program/software being utilized by the FFD and turned in to the Facilities Management Division via the Facilities Management Work Request Form located on the COFI home page for repairs. If it is determined the repair(s) are beyond the scope of the Facilities Management Division an outside contractor will be hired. All fixed burn props that are not attached to the training tower will be inspected annually and their condition recorded and documented in the program/software being utilized by the FFD. Any other training props or tools not listed here will be inspected and function tested before every scheduled training day said prop is to be utilized. 3 Page 84 of 402 Fayetteville Fire Department Administrative Policies Special Operations Section Version 2 Created: February 4, 2023 Revised: July 10, 2023 SOG Reference: 125, 127, 128 CFAI Reference: 5G, 5H, 5L Purpose 9% CITY OF FAYETTEVILL■ ARKANSAS The purpose of this policy is to provide the framework for the Fayetteville Fire Department (FFD) Special Operations Section (SOS). The intent is to facilitate training, define positions, and address daily staffing requirements for the SOS. Maintaining qualified, and highly trained personnel is vital to the safe and efficient mitigation of specialized technical rescue and hazardous materials incidents. Policy 1. SOGs will be created and maintained regarding required operational levels, certifications, training, application process, appointment process, and continuing education. 2. All creation, maintenance, and changes of SOGs will follow the LMT process established in the Labor & Management Relations Policy. 3. The Fayetteville Fire Department will provide an attainable and manageable path for any individual to participate in the SOS. Page 85 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-946 FROM: Mike Reynolds, Police Chief DATE: July 24, 2023 SUBJECT: Purchase of Virtual Reality Simulator for Training of Police Personnel RECOMMENDATION: Staff recommends City Council approval of a resolution awarding Request for Proposal (RFP) #23-09 to InVeris for the purchase of a Virtual Reality Simulator system to provide de-escalation training techniques to all sworn Fayetteville police officers in the amount of $106,149.99 plus tax. (Items included: base package @ $99,999.99; 3 haptic vests @ $900.00 each; 3 heart rate monitors @ $600.00 each; extended service agreement @ $1,650.00) Grant funds awarded from the Arkansas Department of Public Safety will fund $100,000.00 of this purchase. BACKGROUND: The Fayetteville Police Department previously utilized a single -screen simulation machine via a mounted projector. This system was purchased in 2011. The equipment and software are outdated. The scenarios used are pre-recorded video from the 1990s and early 2000s, giving officers limited options to exercise their discretion and de-escalation techniques. The equipment does not allow for complete scenario emergent and realistic training experiences. The Fayetteville Police Department is looking to replace the current simulation system with a virtual reality simulator. DISCUSSION: This system will allow officers to participate with state-of-the-art equipment tailored for law enforcement use and training. The simulator will allow for realistic training scenarios such as deescalation, crisis intervention, traffic stops, domestic violence, and many more. Through an onsite demonstration of the equipment, police department personnel used the simulator and recommended it for use over a projection screen simulator. The equipment purchase will include annual updates, keeping the agency at the forefront of virtual reality technology upgrades in training software. Virtual reality training is a top leading trend in police simulator training. The Inveris Virtual Reality Simulator has the following features, making it superior to a singlescreen projector simulator: • The instructor can communicate with the officer as the victim and/or suspect in a real-time scenario; • The officer can wear a haptic vest to feel pulses when touched or injured in scenarios; • Instructors can monitor officers' heart rate during and after the scenarios; • A playback option allows officers and instructors to watch the completed scenario and give critiques and training points; • The equipment is mobile, allowing for many more training opportunities; and, Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 86 of 402 • Up to three officers can be in a single scenario. BUDGET/STAFF IMPACT: Budgeted grant funds awarded from the Arkansas Department of Public Safety, as approved by City Council Resolution 314-22, in the amount of $100,000.00 will partially fund the purchase of the virtual reality simulator. Budgeted law enforcement forfeiture funds will be used for the balance of this purchase. There is no staffing impact associated with this purchase. PURCHASE ORDER DETAILS G/L ACCOUNT PROJECT AMOUNT 1010.200.2920-5210.00 32209.1 $100,000.00 1010.200.2920-5210.00 33046.1 $16,499.61 TOTAL $116,499.61 ATTACHMENTS: SRF - Virtual Reality Simulator, VR Specs and Info Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 87 of 402 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-946 Purchase of Virtual Reality Simulator for Training of Police Personnel A RESOLUTION TO AWARD RFP 23-09 AND AUTHORIZE THE PURCHASE OF A VIRTUAL REALITY SIMULATOR FROM INVERIS FOR THE AMOUNT OF $106,149.53 PLUS ANY APPLICABLE TAXES OR FREIGHT CHARGES FOR POLICE PERSONNEL TRAINING WHEREAS, on December 20, 2022, the City Council approved Resolution 314-22 authorizing Mayor Jordan to sign a memorandum of understanding with the Arkansas Department of Public Safety and accept a grant in the amount of $100,000.00 for the purchase of body worn camera devices or virtual reality training equipment; and WHEREAS, a virtual reality training system will allow officers to utilize state-of-the-art equipment tailored for law enforcement use including realistic training scenarios such as de-escalation, crisis intervention, traffic stops, and domestic violence. 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 awards RFP 23-09 and authorizes the purchase of a virtual reality simulator from InVeris for the amount of $106,149.53 plus any applicable taxes or freight charges for police personnel training. Page 1 Page 88 of 402 Mike Reynolds Submitted By City of Fayetteville Staff Review Form 2023-0946 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/24/2023 POLICE (200) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of a resolution awarding Request for Proposal (RFP) #23-09 to InVeris for the purchase a Virtual Reality Simulator system to provide de-escalation training techniques to all sworn Fayetteville police officers in the amount of $106,149.99 plus tax. Grant funds awarded from the Arkansas Department of Public Safety will fund $100,000.00 of this purchase. Budget Impact: 1010.200.2920-5210.00 General Fund Account Number Fund 32209.2022 / 33046.1 DPS Equipment Grant / Federal Forfeitures Project Number Project Title Budgeted Item? Yes Total Amended Budget $ 429,758.00 Expenses (Actual+Encum) $ - Available Budget $ 429,758.00 Does item have a direct cost? Yes Item Cost $ 116,499.61 Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ 313,258.39 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 89 of 402 City of Fayetteville Fayetteville Police Department virtuai Reality Simulator In Response To: RFP 23-09 \V inveris Because Seconds Matter Proposal USE AND DISCLOSURE OF DATA: Any and all information and data contained herein is the property of InVeris Training Solutions, Inc. (InVeris); and shall not for any reason, whether tangible or intangible, be disclosed, duplicated, or used, in whole or in part, for any reason other than to evaluate this proposal. If, however, a contract is awarded to InVeris because of, or in connection with this proposal offer, the recipient (Buyer) shall have the right to duplicate, use, or disclose the information and data contained herein to the extent provided in the resulting contract. These restrictions do not limit Buyer's right to use information or if it is obtained from another, legitimate source without restriction. DESTINATION CONTROL STATEMENT: The enclosed document contains Technical Data that is subject to the Export Administration Regulations. Diversion contrary to U.S. Law is prohibited. Page 90 of 402 XVInVeris Because Seconds Matter Table of Contents Virtual Reality Simulator Fayetteville Police Department Executive Summary............................................................................................4 1 Company Background..................................................................................6 1.1 Experience, Expertise and Qualifications.......................................................................................................6 1.2 Project Resumes............................................................................................................................................7 1.2.1 Chief Executive Officer...............................................................................................................................7 1.2.2 Program Management...............................................................................................................................8 1.2.3 Virtual System Sales...................................................................................................................................8 1.2.4 Engineering................................................................................................................................................9 1.2.5 Product Management................................................................................................................................9 1.2.6 Operations...............................................................................................................................................10 1.2.7 Commercial/Contracts.............................................................................................................................10 1.2.8 Customer Support, Quality, Environmental Health, and Safety..............................................................11 2 Specifications............................................................................................12 2.1 Overview of System Features and Benefits.................................................................................................12 2.2 Portability....................................................................................................................................................13 2.3 After Action Review.....................................................................................................................................14 2.4 Hardware.....................................................................................................................................................14 2.5 Software......................................................................................................................................................16 2.6 Virtual Reality Training Area........................................................................................................................16 2.7 Export of Training Records..........................................................................................................................16 2.8 Multiple Users.............................................................................................................................................16 2.9 Instructor / Student Interaction..................................................................................................................17 2.10 Multiple Users.............................................................................................................................................17 2.11 Sustainability...............................................................................................................................................17 3 Proposed Work Effort................................................................................18 3.1 Program Management.................................................................................................................................18 3.2 System Production.......................................................................................................................................18 3.3 Shipping.......................................................................................................................................................18 3.4 Installation and Training..............................................................................................................................19 3.5 Warranty......................................................................................................................................................19 3.5.1 Exception to Warranty.............................................................................................................................19 4 Previous Project Experience...................................................................... 20 4.1 Contract 1— Cuyahoga Falls Police Department.........................................................................................20 4.2 Contract 2 — Talbot County Sheriff's Office.................................................................................................21 4.3 Contract 3 — City of Madison.......................................................................................................................22 InVeris Ref: 24077-22-USL Page 2 June 20, 2023 RFP No: 23-09 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 91 of 402 XVI nveri s Because Seconds Matter Virtual Reality Simulator Fayetteville Police Department 5 Pricing....................................................................................................... 23 5.1 Pricing — Base Package.................................................................................................................................23 5.2 Pricing— Optional Extended Service Agreement Package...........................................................................24 6 Notes and Assumptions.............................................................................25 7 List of Annexes and Attachments.............................................................. 26 AnnexA — Disclosure Form..........................................................................................................................................27 InVeris Ref: 24077-22-USL Page 3 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 92 of 402 XVI nveri s Because Seconds Matter Executive Summary Virtual Reality Simulator Fayetteville Police Department InVeris Training Solutions, Inc. (InVeris) is pleased to offer our SVR training system in response to the City of Fayetteville [City] Request for Proposal (RFP) for a Virtual Reality Police Training Simulator RFP 23-09 for the Fayetteville Police Department [FPD]. The SVR training system allows officers to train in fully immersive close engagement scenarios where trainee interaction with an adversary is required to determine the appropriate level of force, from less -lethal action to fatal action. SVR is compact so that it can easily be moved from location to location and can be scaled from a 10' x 10' up to a 35' x 35' training area. With the SVR, up-to-date, effective, and cost-efficient training comes to the officers. The following is a brief summary of information regarding InVeris and the sales representative who will handle the proposed contract. Company Name: InVeris Training Solutions, Inc. Address: 296 Brogdon Road, Suwanee, Georgia 30024 Point of Contact: Rob Griffin Phone Number: 470-337-0287 Email Address: Robert.Griffin@inveristraining.com InVeris has 38+ years of experience in the virtual law enforcement and military simulation and training business. InVeris has developed various technologies used in our training systems and we have evolved from our 1980s custom projection -based systems using large scenario laser discs to our current systems using VR technology. During this time, training requirements have also shifted from "shoot/don't shoot" scenarios towards techniques focused more on communication skills and the range of force options now common within law enforcement. InVeris has been a leader through all this technology and training evolution, providing us with a wide breadth of training experience and technical expertise needed to provide FPD officers with training systems that not only meet current training needs, but are also able to support future upgrades as training needs evolve. InVeris' SVR Virtual Reality Law Enforcement Training System offers the next generation of simulators for first responder training. The SVR simulators are interactive, responsive, and realistic. Our SVR simulator is an advanced training solution that uses virtual reality (VR) for critical, real -world preparation for de-escalation of force situations, officer safety drills, critical decision making, protocol, and much more. The SVR simulator provides law enforcement agencies access to cutting edge technology to maximize readiness and correctly educate officers for field experiences. The simulator combines forward -looking hardware, scalable software and a content library that is always increasing. The SVR system comes with all necessary components to fully immerse a trainee into a realistic training environment. After the scenario begins, the trainee can move, interact, communicate, and search just as they would in the real world. The use of SVR enables law enforcement agencies to train without needing scene locations, actors, or simulation guns and rounds, saving a great deal of time and expense for the department. InVeris Ref: 24077-22-USL Page 4 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 93 of 402 XVI nveri s Because Seconds Matter Virtual Reality Simulator Fayetteville Police Department The SVR system was created by a combination of experts in VR development and prior law enforcement officers for effective, realistic training. Officers train in fully immersive environments that put them in the action. The virtual environments and ambient features increase the trainee's psychological immersion and focus when dealing with the situation at hand. By increasing the immersion, the trainee's mental recall is heightened, therefore enhancing their overall training experience. The instructor can review trainee decision -making skills to ensure proper tactics are used. Table 1 below provides a summary of a subset of the key features provided by our SVR system. Table 1- Summary of SVR Features and Capabilities • Multiple trainees -Up to 4 • Custom environments • Instructor review/playback • Dynamic scenarios • Six degrees of freedom • Total instructor control • Pre -constructed scenarios • Hand tracking • Instructor led voice response • Duty -matched weapons (all • Body cam playback • Metrics (distance, time) specified weapons/devices) • Eye Tracking • Over 120 drag -and -drop props InVeris looks forward to working closely with the City's Purchasing Office to provide the most advanced and effective training capabilities needed to prepare your law enforcement personnel to meet the challenges of the current and future law enforcement environment. Please let us know if you have any questions regarding our proposed training solutions. InVeris Ref: 24077-22-USL Page 5 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 94 of 402 XVI nveri s Because Seconds Matter 1 Company Background 1.1 Experience, Expertise and Qualifications Virtual Reality Simulator Fayetteville Police Department InVeris Training Solutions (InVeris) combines an agile approach with an unmatched expertise in training technology to design and deliver customized, cutting -edge training solutions that keep military, law enforcement, and private and commercial range clients safe, prepared and ready to serve — Because Seconds Matter TM. The InVeris employs more than 350 people at its headquarters in Atlanta, Georgia (USA) and at facilities in Australia, Canada, Singapore, the Netherlands and the United Kingdom. The company has fielded over 15,000 live -fire ranges, over 7,100 firearms simulation training systems, and over 55,000 simulated weapons globally in its 90+ year history. The Company's advanced training solutions prepare clients in more than 55 countries to safely protect the communities they serve. InVeris Training Solutions provides both live -fire and virtual firearms simulation training systems to law enforcement, military and security forces agencies and commercial shooting range owners, as well as first responders and corrections units around the world. InVeris Training Solutions — through its legacy brands FATS° and Caswell — has been a leading live -fire and virtual systems provider for more than 90 years. 1926: Founded in 1926, Caswell International provided high -quality live -fire range systems, serving the law enforcement community, commercial gun ranges and security forces. Caswell provided shooting range innovations resulting in many successful product launches including: 1) the world's first moving target system; 2) the industry's first environmentally friendly bullet trap that reduces lead dust; 3) the industry's first wireless range control device; and 4) the world's first fully mobile shooting range. 1984: Fast forward to 1984 and the emergence of Firearms Training Systems Inc. or FATS, an innovative simulation company that transformed the law enforcement and defense firearms simulation training markets. 2003: In 2003, the UK company Meggitt PLC acquired Caswell International. This acquisition was based on Caswell's reputation as an innovator in the live -fire shooting industry. 2006: In 2006, Meggitt PLC acquired FATS. This acquisition was based on FATS' reputation as the leader in the development, manufacturing and support of simulation small and combined arms training systems, indirect fire/forward air control and vehicle trainers.The FATS military simulators are the systems of record for the US Army, US Marines (USMC), United Kingdom Ministry of Defence (UK MOD), US National Guard, US Air Force (USAF), Canadian Army, Royal Canadian Navy, Royal Canadian Air Force, Australia Defense Forces (ADF), Singapore Army and Singapore Police Coast Guard. FATS invented BlueFire° wireless weapon simulators (patented) that replicate the form, fit and function of live weapons, and provide the same accurate, real-time training diagnostics as tethered weapon simulators. 2008: In 2008, Meggitt PLC merged Caswell and FATS to create Meggitt Training Systems. This merger sought to capitalize on synergies resulting from combining the operations of Caswell and FATS to provide both live fire and simulation training as an integrated product offering. InVeris Ref: 24077-22-USL Page 6 June 20, 2023 RFP No: 23-09 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 95 of 402 XVI nveri s Because Seconds Matter Virtual Reality Simulator Fayetteville Police Department 2020: In 2020, Pine Island Capital Partners, a private equity firm headquartered in Washington, D.C., acquired Meggitt Training Systems. Pine Island Capital Partners offers a differentiated approach to private equity investing in the middle market through the composition and specialized knowledge of its team. The firm has combined an experienced investment team with a group of Washington -based partners that includes former prominent members of Congress, ambassadors, and military and defense leaders with significant private sector experience. The team and its partners were drawn to the acquisition because of the technological leadership and customer -centric commitment they saw in Meggitt Training Systems. They now see the opportunity to expand the new InVeris Training Solutions to meet the changing training needs of training for an ever -wider group of customers and stakeholders. TODAY: Today, military forces, law enforcement officers, first responders, correction officers and security agency personnel face unprecedented issues. As the world leader in integrated live -fire and virtual training systems, InVeris Training Solutions answers this need. InVeris Training Solutions provides the design experience, state-of-the-art products, backed by dedicated support, necessary in today's fast - paced training environments. Our product offerings include virtual simulation systems (projection - based, virtual reality and augmented reality technology) and live fire training systems (indoor and outdoor ranges with automated target systems). 1.2 Project Resumes 1.2.1 Chief Executive Officer CLYDE TUGGLE Chief Executive Officer - Interim 678-288-1265 (t), 404-414-1426 (m) clyde.tuggle@InVerisTraining.com BA — Hamilton College; Masters —Yale University; Studied at Ludwig-Maximillian Universitat, Munich, Germany and University of Virginia's Darden Business School Clyde Tuggle is a Partner and Co -Founder of Pine Island Capital Partners. He previously spent 30 years at the Coca-Cola Company where he was a member of Coca-Cola's Executive Committee and managed the company's corporate productivity activity. Clyde held multiple senior management roles and was most recently Senior Vice President and Chief Public Affairs and Communications Officer, where he managed Coca- Cola's global public affairs and reported directly to the Chairman and CEO. He was also President of the Russia, Ukraine and Belarus Division, Senior Vice President of Worldwide Public Affairs and Communication, Deputy Division President of Central Europe and Executive Assistant (chief of staff) to former CEO Roberto C. Goizueta. Clyde currently serves as a Member of the Board of Directors at the Georgia Power Company and at Oxford Industries, Inc. InVeris Ref: 24077-22-USL Page 7 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 96 of 402 XVI nveri s Because Seconds Matter 1.2.2 Program Management ANGIE GARRISON Program Manager, Virtual Systems 678-288-1227 angie.garrison@InVerisTraining.com Virtual Reality Simulator Fayetteville Police Department Angie is a Program Manager at InVeris Training SolutionsTm and manages Virtual Law �. Enforcement and commercial agency programs, as well as a number of military programs (e.g., U.S. Navy, U.S. Air Force, and General Supply Administrative (GSA)). Her primary territories include Italy, South America, and Caribbean territories. She joined the company in 1994 and has served in various capacities ranging from Documentation Control Specialist, Manager of Documentation Control, Sr. Quality Engineer, Marketing/Competitive Analyst. In addition, Angie was promoted to the role of Account Manager in 2011 and has since developed Program Management skills that led to her current position. Her experience in these various positions within the company give Angie a very good understanding of our business from the front end to the back end of the business. 1.2.3 Virtual System Sales ROBERT GRIFFIN (ROB) Sr Sales Representative — LE/Commercial Virtual Systems 470-337-0287 robert.griffin@InVerisTraining.com Bachelor of Science — Information Systems Rob is an InVeris Senior Sales Representative for Virtual Law Enforcement Systems in the United States south central region. He joined InVeris in 2021. Previously, Rob was a Co -Founder and Lead Salesperson for the company SURVIVR, which was acquired by InVeris in 2021. For the twelve years prior to that time, Rob was a Police Officer for the Henderson Police Department in Nevada. During his time there, Rob worked in Patrol for four years and spent the remainder of his career as a detective. He also was an instructor for nine years. Overall, Rob has 38 years of work experience with most of his jobs, excluding his police career, being in sales, customer service and sales management. He has won national recognition for outstanding sales, sales management, and leadership in several different companies. Rob's wide range of law enforcement and sales experience enables him to work closely with LE agencies to provide training solutions that better prepare their officers to safely and effectively deal with the wide range of encounters that they face on a regular basis. InVeris Ref: 24077-22-USL Page 8 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 97 of 402 XVI nveri s Because Seconds Matter 1.2.4 Engineering JAMES NAPIER (JIM) Senior Vice President, Engineering 678-288-1324 lames.napier@InVerisTraining.com Virtual Reality Simulator Fayetteville Police Department Massachusetts Institute of Technology (MIT), B.S. Computer Science and Engineering; Massachusetts Institute of Technology (MIT), M.E. Electrical Engineering & Computer Science Jim is the InVeris Senior Vice President of Engineering at InVeris Training Solutions and oversees all engineering work associated with virtual and live fire training systems. He has over 20 years of experience in the simulation industry and has served in various capacities since joining the company in 1996. In his seven (7) years as the Director of Software Engineering, Jim migrated the department to more agile development methodologies. In his role as engineering lead, he helped design and develop the Singapore Police Coast Guard Integrated Tactical Training Center (ITTC) during the three-year project. The ITTC is a large training simulator combining computer graphics simulation, motion platforms, bridge simulation, boat hydrodynamics, and weapons simulation to help the PCG train their students in correct boat handling, communications, and weapon handling. Jim also served as lead engineer focused on computer graphics in multiple small arms training simulators for Firearms Training Systems (FATS) prior to FATS being acquired by Meggitt. These simulators were used by the USMC, U.S. Army, UK MoD, ADF and others. Prior to his employment with the company, Jim worked for Charles Stark Draper Laboratories (1993-1996) on software control systems for the International Space Station. 1.2.5 Product Management MARWAN KODEIH Director of VR/AR Strategy 512-299-7544 Marwan.kodeih@InVerisTraining.com BS, Computer Science Marwan is InVeris' Director of Virtual Reality (VR) / Augmented Reality (AR) Strategy. In this role, he leads and assists with the go to market strategy, product roadmaps, and numerous innovative products in the extended reality realm. He also manages the development team for InVeris' flagship VR product. In his previous role at InVeris, he led the Virtual Reality development team to bring cutting edge technology into police departments to improve de-escalation training. Prior to joining InVeris, Marwan co-founded the company Immosis, a VR/AR and web development studio that created applications for numerous clients. He also was one of the co-founders of the company SURVIVR, which brought VR de-escalation training to law enforcement. SURVIVR was purchased by InVeris in 2021 at which time Marwan joined InVeris. InVeris Ref: 24077-22-USL Page 9 June 20, 2023 RFP No: 23-09 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 98 of 402 XVI nveri s Because Seconds Matter 1.2.6 Operations KELLY JAMIESON Senior Vice President, Operations 678-288-1488 kelly.iamieson@InVerisTraining.com Virtual Reality Simulator Fayetteville Police Department Kelly serves as the Senior Vice President of Operations at InVeris Training Solutions. She has been a member of the Operations Team since 1996. During her tenure with the company, Kelly has held various positions, including Senior Buyer, Enterprise Resource Planning (ERP) Manager, Materials Manager, Director of Materials, Director of Supply Chain for the Meggitt Equipment & Energy Division, and her current position as Vice President of Operations. Her team has had successes in executing record breaking quarterly production deliverables in short turnaround, inventory reduction, and successful implementation of the Company Production System. 1.2.7 Commercial/Contracts RONDA BUTLER Director, Contracts and Commercial 678-288-1369 ronda.butler@InVerisTraining.com University of Georgia, Terry College of Business, BBA-Management Ronda Is Director of Contracts and Commercial at InVeris I raining Solutions". She manages the overall Commercial/Contracts function across the organization. Ronda is responsible for the leadership and guidance of a staff of Contract Specialists and Managers. She is also responsible in advising senior management with respect to all commercial issues and the nature of on -going and necessary corrective actions. Ronda joined the company in 2015 and has over 11 years of overall experience in Government, Procurement, and Commercial Contracting for both services and products. Prior to joining the company, Ronda served as Senior Contracts Administrator at SA Technologies, a Human Factors and Situational Awareness Engineering Firm, where she oversaw all contract functions. InVeris Ref: 24077-22-USL Page 10 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 99 of 402 XVI nveri s Because Seconds Matter Virtual Reality Simulator Fayetteville Police Department 1.2.8 Customer Support, Quality, Environmental Health, and Safety JULES FIJUX, MBA, ASQ CMQ/OE Director of Customer Support, Quality, Environmental Health, and Safety 678-288-1147 jules.fiiux@InVerisTraining.com Master of Business Administration — University of Phoenix; Bachelor of Science, Quality Management — SUNY at Empire State; ASQ Certified Manager of Quality/Organizational Excellence; Georgia Oglethorpe Board of Examiners, Member 2006; Senior Examiner, 2007, 2008, 2010 — 2012 Jules is the Director of Customer Support, Quality, Environmental, and Health & Safety for InVeris Training Solutions. He joined the company in April of 2021 with over 25+ years of experience as a Quality professional and 15+ years as an Environmental and Health & Safety leader. Jules' background includes Director of Registration Services for an ISO Registrar, being an ISO Certification Auditor for ISO 9001:2015, ISO 14001:2015, and ISO 45001:2018, as well as the Global Product Development Manager in the Currency Industry. Additionally, Jules has led Quality, Environmental and Health & Safety organizations as a corporate leader in The Coca-Cola Company and in the telecommunications industry, as well as working within the Automotive Industry, government contracting to the DoD and to the Israeli Ministry of Defense manufacturing night vision and fire control systems. InVeris Ref: 24077-22-USL Page 11 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 100 of 402 XVI nveri s Because Seconds Matter 2 Specifications 2.1 Overview of System Features and Benefits Virtual Reality Simulator Fayetteville Police Department The use of VR enables law enforcement agencies to train without needing scene locations, actors, or simulation guns and rounds, which saves a great deal of time and expense for the department. As an option, InVeris can simulate real locations that are usually inaccessible for live actor training, allowing for a reduction in response times. We are the only company producing VR force options simulators that have a dedicated art team for 3D scans of existing environments. Our VR simulator eliminates the need for live actors or role players and provides the end user with consistent training for all law enforcement officers. Figure 3.1-1 shows a few examples of our VR environments and associated realism. InVeris' SVR training system offers a multitude of environments allowing for the creation of unlimited scenarios that will reflect real world police interactions. Our system allows for a scenario to go from a casual encounter to having to deal with a hostage situation, which is all up to the trainer and how the trainee reacts. SVR is designed to be fully immersive and interactive and allows for freedom of movement to create space or take cover or concealment depending on action required in the scenarios, additionally haptic feedback is provided through our wearable haptic feedback vest. SVR offers a wide range of environments to build agency specific scenarios that will cover all the most common incidents that officers encounter. A benefit of our simulator is the numerous scanned locations loaded on the system. These locations include military bases, courthouses, and apartments for a variety of hyper -relevant training scenarios with photo -realistic quality. The following is a list is an example of a few of these locations, some of which have multiple variations: • Alleyway • Jail Interior and Exterior • Apartment • Motel • Bank • Park and Playground • Bar • Parking Lot • Church • Residential House, Backyard, and Garage • High School • Street • Hospital • Underpass InVeris Ref: 24077-22-USL Page 12 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 101 of 402 XVI nveri s Because Seconds Matter 2.2 Portability Virtual Reality Simulator Fayetteville Police Department Figure 2.1-1. Examples of scenes and associated realism Agencies can easily move the SVR simulator to different locations as needed. It is as simple as relocating the computer(s), tripods, headset(s), and calibrating the room. The VR training system is packaged in weather - resistant pelican -style cases with wheels that allow it to easily be rolled from room to room and transported to other locations by vehicle. The SVR training system was developed to be easily set up, taken down and moved as needed. With each purchase we provide rugged cases for the equipment to be transported and stored in. The system is made up of simple components for which most non -technical LE personnel are already familiar. After purchase we will provide installation and initial training. Additionally, we provide a digital manual and a 24/7 customer support number to help troubleshoot issues. InVeris Ref: 24077-22-USL Page 13 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 102 of 402 XVI nveri s Because Seconds Matter 2.3 After Action Review Virtual Reality Simulator Fayetteville Police Department Our SVR training platform offers a after action review feature that allows for the instructor and officer to view a recording of the officer's performance. After the scenario, the trainee and instructor can review the scenario together from any angle at any time. They can see shot placement, the distance from the suspect, and talk about what the trainee did well and areas for improvement. Instead of merely talking about these things, the trainee will see precisely where things went right or wrong, which increases the learning experience for maximum retention. After the instructor is finished analysing the scenario playback, they can choose to track certain metrics, such as draw time, shots fired, suspect distance, and more. Instructors have the option to export and store these metrics alongside the body camera footage for later review. 2.4 Hardware The VR system makes maximum use of Commercial -Off -the -Shelf (COTS) components such as the computers, projectors, cameras, etc. These components are selected for their reliability and robustness as well as their technical performance. Computer: The specifications for the system computer are provided below: Processor: Intel° Core i7-11700K Processor (3.60GHz, Turbo S.00GHz) 8 Core System Memory: 16GB DDR4-3200 MHz (2 - 8GB DIMMS) M.2 Storage: 500GB SSD NVMe/PCIe 3.0/4.0 M.2 Drive Expansion Card Slot(s): NVIDIA GeForce RTX 30 series (Extended Lead Times - 3 Slot) Operating System: Microsoft Windows 10 Professional Edition 64-13it Keyboard: USB Keyboard Mouse: Logitech M100 Corded Mouse Cameras and Speakers: Our VR training platform comes with Virtual Reality Cameras that track trainee movement and orientation, plus with external speakers to provide realistic scenario sound. InVeris Ref: 24077-22-USL Page 14 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 103 of 402 XVI nveri s Because Seconds Matter Head Mounted Displays: Virtual Reality Simulator Fayetteville Police Department The system currently uses HTC Vive Pro Eye Wireless Headsets with impressive 360-degree fields of view. A picture of the HTC Vive Pro Eye Wireless Headset is shown below in Figure 2.2-2. Figure 2.2-2. High -Resolution Head Mounted Display HTC Vive Pro Eye Wireless Headset Item Demonstration Virtual Reality Weapons and Tools: Each of the VR weapons and tools are similar in weight, feel, and accuracy of the live weapon or tool. The Taser is programmed to account for loose clothing and distance to match the same fail rate that could occur in a real -life situation. InVeris believes this unparalleled realism is vital to creating a quality training experience. Weapons include: • Handgun (Glock, SIG, Smith & Wesson, Beretta — select one model) • OC Spray • Flashlight • Shotgun (Optional Add on) • Haptic Feedback Vest: Numerous haptic points wrapped around the upper body to wirelessly deliver haptic feedback to simulate a hit detection to trainee. (Optional Add on) • Rifle • Taser (X26P, X2 & 7 — select one model) • Hand Tracking • 40MM Less Lethal Launcher (Optional Add on) • Bio Feedback Heart Rate Monitor: Heart rate monitoring device worn by the trainee on the arm or wrist during training. Enables the instructor to view trainees' heart rate in real- time during live training and after -action reviews. (Optional Add on) InVeris Ref: 24077-22-USL Page 1S RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 104 of 402 XVI nveri s Because Seconds Matter 2.5 Software Virtual Reality Simulator Fayetteville Police Department The software allows users to create thousands of different scenarios with varying options and possibilities, giving officers the ability to fully prepare for the real world. The user can customize the environment, props, suspect appearances, bystander, audio and much more. The software also comes equipped with stater scenarios created by law enforcement veterans, simulating the most common calls and real -life encounters. Below are some examples of distinct types of scenarios that are possible to create with our proprietary solution: • De-escalation • School Active Shooter • Emotionally Disturbed Person • Domestic Violence • Traffic Stop • Felony Stop • Terry Stop • Crowd Control/Riot/Protest • Dynamic Building Entry • Suspicious Person • Suicidal Adult • Suicidal University Student • Security Gate • Vehicle Searches • Security Entrances • Duty to Intervene The training platform also offers a practice shooting range for trainees to practice weapon deployment on targets and training dummies. The VR training platform is separate from the customer's domain and does not need to connect to the customer's network. Software patches and new scenarios can be downloaded via the internet or provided via a thumb drive, depending on the customer's needs. 2.6 Virtual Reality Training Area Our system allows the customer to set up a virtual training area in rooms sized between 10' X 10' up to 35' X 35', using the provided lighthouse tracking base stations. 2.7 Export of Training Records Training records can easily be emailed or exported from the training system to any storage device. All training data is controlled by the customer and only stored locally. 2.8 Multiple Users Training that matches the practices for officer safety, protocol, and the appropriate response in the real -world is vital, which is why InVeris built a training simulator that supports multiple users. Our VR platform allows for up to four (4) officers to train simultaneously. With our open mic option, the system can provide training for various entities of the criminal justice field, such as law enforcement, corrections, and telecommunications. Two-way instructor to trainee communication is only available for multiuser setups. InVeris Ref: 24077-22-USL Page 16 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 105 of 402 XVI nveri s Because Seconds Matter 2.9 Instructor / Student Interaction Virtual Reality Simulator Fayetteville Police Department In addition to pre-recorded responses from suspects, instructors have the ability to respond as the suspect using a microphone. This feature provides an enhanced level of communication between the officer and the suspect. A lightweight, fully customized laptop allows the instructor to influence the scenarios, environments, and weapons. Depending on the trainee's actions, the instructor can branch the scenarios to escalate or de-escalate the situation and review their decision -making skills to ensure proper tactics are used from any angle during after action review. These virtual environments and ambient features increase the student's psychological immersion and focus when dealing with the situation at hand. By increasing the immersions, the trainee's mental recall is heightened, therefore enhancing their overall training experience. InVeris' VR training platform is designed for instructor / student interaction via replay of the scenario / incident. The VR simulator is built as a tool for instructors to use with the maximum level of freedom available in simulators. For example, Instructor's control the following: • Scenario Setup • Suspect's Responses and Actions • Instructor -Led Voice Response • Presence and Location of Contraband • Witness/Complainant Responses and Actions • Complexity of Scenario At the conclusion of the training scenario, the trainee and instructor can playback the scenario from any angle to review the trainee's actions, distance from suspect, shot placement, and much more. 2.10 Multiple Users Training that matches the practices for officer safety, protocol, and the appropriate response in the real -world is vital, which is why InVeris built a training simulator that supports multiple users. Our VR platform allows for up to four (4) officers to train simultaneously. With our open mic option, the system can provide training for various entities of the criminal justice field, such as law enforcement, corrections, and telecommunications. Two-way instructor to trainee communication is only available for multiuser setups. 2.11 Sustainability The SVR product is sustainable as it is not a single use product. The system saves departments from having to utilize ammunition, which causes waste and often litters the environment. Moving away from single use products like ammunition and other resources for live actor training will have a net positive impact on the environment that outweighs any recycling issues that might happen several years down the line, if at all. Additionally, our system can be completely powered off when not in use to save power. InVeris Ref: 24077-22-USL Page 17 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 106 of 402 XVI nveri s Because Seconds Matter 3 Proposed Work Effort 3.1 Program Management Virtual Reality Simulator Fayetteville Police Department Once a contract has been awarded and booked, an InVeris Program Manager (PgM) will be assigned to the project. The PgM is responsible for all coordination with FPD as well as management of internal InVeris efforts. The PgM will coordinate the production, shipping, delivery, installation, and training for the proposed system. The PgM will communicate with FPD via email and phone as needed to schedule events for which InVeris will participate. Delivery Schedule — The Base Contract items (reference the Pricing Table) delivery is 90 days after receipt and acceptance of order. Event Approximate Date Comments Contract Award Contract Award (CA) InVeris is awarded the Contract Production 1 week After Contract Once the Contract is booked, the PgM will coordinate with Award (ACA) Production Department to meet the set shipment date. Shipping 6-8 Weeks ACA Production is complete and the PgM is coordinating with the Shipping Department to meet shipment date. Delivery 3-5 Days after Shipment Once the product is delivered the PgM coordinates Installation and Training with the customer. Installation and Takes place 1-2 Weeks InVeris Installation Technician Installs and Trains the trainer on Training After Delivery the SVR Training System. Training starts immediately upon completion of installation. 3.2 System Production The primary InVeris effort for this contract will be production of existing InVeris products including the SVR Training System and weapon simulators in the quantities defined in the Pricing Table. These are items that InVeris produces on a regular basis and therefore is a low -risk production. InVeris will follow our internal production processes. InVeris is certified to ISO 9001:2015. 3.3 Shipping InVeris will ship the proposed system, weapon simulators and accessories to the designated customer location. The equipment will be sent CONUS F.O.B., Fayetteville Police Department; Fayetteville, AR in accordance with INCOTERMS° 2020. InVeris Ref: 24077-22-USL Page 18 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 107 of 402 XVI nveri s Because Seconds Matter 3.4 Installation and Training Virtual Reality Simulator Fayetteville Police Department InVeris personnel will install the proposed systems at the FPD site. The FPD will be responsible for any/all facility modifications prior to the installation date. Installation and training are contingent on FPD agreement to arrange clearances or other similar requirements to enter FPD facility and the relevant locations for work to be performed. To support installation, InVeris personnel will be provided with full access to the FPD facility on the specified installation dates. Any delays in access to the facility and/or equipment will result in additional pricing on a Time and Material (T&M) basis using our commercial catalog daily rates. As part of system installation, InVeris personnel will unpack the system, perform assembly and perform a general check of the system to ensure that the system is running properly. 3.5 Warranty Each training system sold will come with one (1) year of warranty and a one (1) year Service Agreement that covers software patches and provides new scenarios created by InVeris within the coverage period. The Service Agreement (SA) that covers software patches and provides all new scenarios created can be purchased for an additional 3 years if desired. Help Desk Hotline: InVeris operates a responsive Help Desk Hotline to support our customers. This Hotline will be available to the FPD for problem resolution for the warranty period as stated in the pricing table. Hotline support includes answering questions on maintenance issues, providing additional information, confirming problems and investigating their cause and providing suggestions for corrective actions and recommendations. The Help Desk Hotline is manned by our Repair Technicians during normal operating hours of 8:00am to 5:00pm EST. After these hours, an InVeris Technician is on standby to respond to emergency situations. Because of the time differences between various locations within the US, email is a common form of Hotline communication. A time may be set up to have an InVeris Technician assist the buyer outside normal InVeris operating hours. If spare parts are required to support operations, our service department is able to assist with placing these orders as well. 3.5.1 Exception to Warranty InVeris includes one (1) year of warranty that covers hardware and a one (1) year Service Agreement that covers software patched and provides new scenarios created by InVeris within the coverage period. The Service Agreement that covers software patched and provides all new scenarios created can be purchased for an additional 3 years if desired. The InVeris Help Desk Hotline is manned by our Repair Technicians during normal operation hours of 8:00am to 5:00pm EST. After these hours, an InVeris Technician is on standby to respond to emergency situations. InVeris Ref: 24077-22-USL Page 19 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 108 of 402 XVInVeris Because Seconds Matter 4 Previous Project Experience Virtual Reality Simulator Fayetteville Police Department InVeris has a long rich 38+ year history of providing firearms simulation training systems for law enforcement and military agencies under Government contracts. InVeris has provided our training system products under government contracts for city, state, federal and international government agencies. Defined in subsections below is a key contract similar to the training system being procured for the Fayetteville Police Department. 4.1 Contract 1— Cuyahoga Falls Police Department InVeris delivered our 2-person SVR Virtual Reality Law Enforcement Training System to the Cuyahoga Falls Police Department under contract with the Cuyahoga Falls Police Department, Ohio. Cuyahoga Falls Police Department Point of Contact: Capt. Todd Shafer Address: 2310 2nd St, Cuyahoga Falls, OH 44221 Telephone Number: 330-971-8359 Email Address: Shafertm@citvofcf.com Project Title: Cuyahoga Falls Police Department — SVR Description of System Two (2) Trainee System with 1-Year Warranty and Service Package: Installed: Computer System (includes keyboard, mouse, and monitors) — Qty 2 Virtual Reality Software — Qty 1 Laptop — Qty 1 Router— Qty 1 Head Mounted Display— Qty 2 (each headset includes charging station, wireless adapter, and two (2) batteries) Lighthouse Tracking System — Qty 4 Virtual Reality Hand Trackers — Qty 4 (2 pairs) Speakers — Qty 1 Tripods — Qty 6 USB Charging Hub — Qty 2 Headphones — Qty 1 Keyboard — Qty 2 Mouse — Qty 2 Virtual Reality Weapon Simulators include two (2) each of the following: Handgun, Rifle, Taser, OC Spray, and Flashlight Contract Date: June 2022 to June 2023 Performance Outcome: Good InVeris Ref: 24077-22-USL Page 20 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 109 of 402 i,VI nveri s Because Seconds Matter 4.2 Contract 2 —Talbot County Sheriff's Office Virtual Reality Simulator Fayetteville Police Department InVeris delivered our 2-person SVR Virtual Reality Law Enforcement Training System to the Talbot County Sheriff's Office under contract with the Talbot County Sheriff's Office, Maryland. Talbot County Sheriff's Office Point of Contact: Capt. John Bollinger Address: 28712 Glebe Rd Suite 1, Easton, MD 21601 Telephone Number: 410-822-1020 Email Address: Jbollinger@talbgov.org Project Title: Talbot County Sheriff's Office — SVR Description of System Two (2) Trainee System with 1-Year Warranty and Service Package: Installed: Computer System (includes keyboard, mouse, and monitors) — Qty 2 Virtual Reality Software — Qty 1 Laptop — Qty 1 Router — Qty 1 Head Mounted Display — Qty 2 (each headset includes charging station, wireless adapter, and two (2) batteries) Lighthouse Tracking System — Qty 4 Virtual Reality Hand Trackers — Qty 4 (2 pairs) Speakers — Qty 1 Tripods — Qty 6 USB Charging Hub — Qty 2 Headphones — Qty 1 Keyboard — Qty 2 Mouse — Qty 2 Virtual Reality Weapon Simulators include two (2) each of the following: Handgun, Rifle, Taser, OC Spray, and Flashlight Contract Date: February 2023 to February 2024 Performance Outcome: Good InVeris Ref: 24077-22-USL Page 21 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 110 of 402 i,VI nveri s Because Seconds Matter 4.3 Contract 3 — City of Madison Virtual Reality Simulator Fayetteville Police Department InVeris delivered our 2-person SVR Virtual Reality Law Enforcement Training System to the City of Madison under contract with the City of Madison, Wisconsin. City of Madison Point of Contact: Jon Drollinger Address: 5702 Femrite Dr, Madison, WI 53718 Telephone Number: 813-616-0612 Email Address: Jdrollinger@cityofmadison.com Project Title: City of Madison — SVR Description of System Customer purchased their first one -person system and then later decided to Installed: purchase a second one -person system to make a two -person training system. Two (2) — One (1) Trainee System with 1-Year Warranty and Service Package: Computer System (includes keyboard, mouse, and monitors) — Qty 1 Virtual Reality Software — Qty 1 Router — Qty 1 Head Mounted Display — Qty 1 (each headset includes charging station, wireless adapter, and one (1) battery) Lighthouse Tracking System — Qty 4 Virtual Reality Hand Trackers — Qty 2 (1 pair) Speakers — Qty 1 Tripods — Qty 5 USB Charging Hub — Qty 2 Headphones — Qty 1 Keyboard — Qty 1 Mouse — Qty 1 Virtual Reality Weapon Simulators include one (1) each of the following: Handgun, Rifle, Taser, OC Spray, and Flashlight Contract Date: October 2022 to October 2023 December 2022 to December 2023 Performance Outcome: I Good InVeris Ref: 24077-22-USL Page 22 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 111 of 402 XVI nveri s Because Seconds Matter 5 Pricing 5.1 Pricing — Base Package Virtual Reality Simulator Fayetteville Police Department Table 1 below provides pricing for items proposed as part of the Base Package. OPEN VR- VIRTUAL REALITY SIMULATOR: MKT SIMULATOR 1-Person simulator configuration with Service Package. Includes the following: o One VR head -mounted display that fully immerses a trainee into a realistic training environment. o One VR-Optimized Computer system with wireless adapter and two batteries. o One portable lighthouse tracking system with hand tracking to track the trainee in up to a 35' x 35' space. o One VR Toolset with one each of the following: VR Handgun, VR Rifle, VR Taser, VR OC Spray, and VR Flashlight. o One Desktop Computer with keyboard, external keypad, mouse, charging hub, audio/ microphone, headset & speakers. o Two Monitors for initial simulator. o Miscellaneous wires/parts. o One year Warranty that covers hardware. o One year Service Package that provides software updates and new features. o Includes on -site Installation and Training OPEN VR- MULTI-USER NETWORKING: MKT NETWORK Advanced networking software and configuration KIT needed for multi-user functionality. 3 LOT $45,666.66 $136,999.98 1 LOT $5,000.00 $5,000.00 SUBTOTAL (USD) $141,999.98 One -Time Discount (USD) ($41,999.99) TOTAL PRICE (USD) $99,999.99 InVeris Ref: 24077-22-USL Page 23 June 20, 2023 RFP No: 23-09 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 112 of 402 XVI nveri s Because Seconds Matter Virtual Reality Simulator Fayetteville Police Department 5.2 Pricing — Optional Extended Service Agreement Package Table 2 provides pricing for the optional Extended Service Agreement Package that can be purchased along with the Base Package. OPEN EXT WRTY EXTENDED SERVICE AGREEMENT PACKAGE: 1 YR $1,650.00 $1,650.00 MKT Additional year Service Agreement provides software updates and technical support. o Covers a 1-year period starting after the Initial Coverage Period ends. TOTAL PRICE — OPTION (USD) $1,650.00 Optional Additional Items: Table 3 defines optional additional items that are available for purchase in addition to the Base Package and optional Extended Service Agreement Package defined in Tables 1 and 2 respectively. MKT -- SVR HAPTIC VEST 1 EA $900.00 MKT -- BIO FEEDBACK HEART RATE MONITOR 1 EA $600.00 MKT -- VR SHOTGUN 1 EA $1,800.00 MKT -- VR BATON 1 EA $700.00 MKT -- 40MM LESS LETHAL LAUNCHER 1 EA $1,900.00 MKT -- VR HAND TRACKING EQUIPMENT 1 EA $900.00 MKT -- VR SCENARIO — CUSTOM OUTDOOR: Scenario includes up to 1 EA $22,500.00 20,000 sq. ft. of a single outdoor environment MKT -- VR SCENARIO — CUSTOM INDOOR: Scenario includes up to 1 EA $28,350.00 10,000 sq. ft. of a single indoor environment InVeris Ref: 24077-22-USL Page 24 June 20, 2023 RFP No: 23-09 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 113 of 402 XVI nveri s Because Seconds Matter Virtual Reality Simulator Fayetteville Police Department 6 Notes and Assumptions 1. Quote Reference: Please reference InVeris quote number 24077-22-USL for future correspondence with InVeris. 2. Supplied by Buyer with Purchase Order: Please fill out the attached VR Configuration Questionnaire form to be provided with Purchased Order. 3. Currency: All prices are fixed price, quoted in US Dollars, and do not include any taxes or any other fees not expressly included herein. 4. Open Market: All items included herein are OPEN MARKET items unless specified otherwise in the pricing table. 5. Delivery: Delivery on all items is 90 days after receipt and acceptance of order. • Delivery time frame is subject to availability of weapons from the manufacturer. 6. Documentation: All products, documentation, manuals, training, training materials, etc. will be provided in US English only in InVeris content and format. No language translations have been priced or included. 7. Payment Terms: 100% NET 30 days 8. Payment Address: InVeris Training Solutions, Inc., 296 Brogdon Road, Suwanee, GA 30024 Business Size: Large CAGE Code: 087W6 TIN: 58-2272995 Unique Entity Identifier (UEI): For DUNS 007655863 is H3BJSKLLEF57 9. Sales Tax: If your organization is federal or state tax exempt, provide a copy of the tax exemption. InVeris is responsible for collecting sales tax in the following states: CA, CT, FL, MN, GA, IL, KY, VA, NJ, SD, and WA. If work is to be performed in any of these states under a Purchase order issued as a result of this proposal, any applicable sales tax will be added to the final invoice. If your organization is exempt from state sales tax, a copy of the tax exemption certificate will be required. Otherwise, please include the sales tax value on any resulting purchase order. 10. Bonds: N/A— no bonds are required. 11. Special Markings: Pricing does not include any special markings or certifications. If markings or certifications must be provided, a price can be provided upon request and further specifications. 12. Design Modifications: InVeris reserves the right to make modifications in the design of its products without prior notification. 13. Terms and Conditions: The InVeris Training Solutions, Inc. (InVeris) Standard Terms & Conditions (ITSI-DOM- 001REV7 08.17.20211 incorporated by reference herein shall apply to all Open Market Items. Any subsequent purchase order will be subject to the Standard Terms & Conditions which can be provided upon request. Please contact ITS-ContractsMailUsers@inveristraining.com to request a copy. InVeris Ref: 24077-22-USL Page 25 June 20, 2023 RFP No: 23-09 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 114 of 402 XVI nveri s Because Seconds Matter 7 List of Annexes and Attachments • Annex A — Discolsure Form InVeris Ref: 24077-22-USL Page 26 RFP No: 23-09 Virtual Reality Simulator Fayetteville Police Department June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 115 of 402 i,VInVeris Because Seconds Matter Virtual Reality Simulator Fayetteville Police Department Annex A — Disclosure Form InVeris Ref: 24077-22-USL Page 27 RFP No: 23-09 June 20, 2023 Commercial in Confidence: Use or Disclosure of Proposal Data is Subject to the Restrictions on Page 1 herein Page 116 of 402 City of Fayetteville RFP 23-09, Virtual Reality Police Simulator SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein is accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 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. 2. PRIMARY CONTACT INFORMATION At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: InVeris Training Solutions, Inc. Primary Contact: Amy Krebsbach Title of Primary Contact: Phone#1 (cell preferred): 678-288-1090 E-Mall Address: ITS-ContractsMaiIUsers@inveristraining.com City of Fayetteville, AR RFP 23-09, Virtual Reality Police Simulator Page 16 of 17 Senior Contracts Specialist Phone# 2 : 678-288-1338 Page 117 of 402 REA OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kara Paxton, City Clerk/ Treasurer CC: Paul Becker, Chief Financial Officer Tim Nyander, Utilities Director Steven Dotson, Deputy Chief Finance Officer Corey Granderson, Utilities Engineer FROM: Kit Williams, City Attorney A DATE: July 21, 2023 RE: Contracting with other political subdivisions Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal The City of Fayetteville has constructed a very efficient and effective wastewater system for our residents, businesses, and factories which we have graciously allowed residents and businesses outside our city limits to access for decades. The City is authorized to contract with other cities or their residents (Elkins, Greenland, Farmington, Johnson, and West Fork) by A.C.A. §14-235-212 Contracting with other political subdivisions. These contracts are statutorily authorized, "but only to the extent of the capacity of the works without impairing the usefulness of them to the owners (Fayetteville), upon such terms and conditions as may be fixed by the sewer committee..." Id. at (a)(1)(B). (emphasis added) In a sewer rate challenge case, the Arkansas Supreme Court held: "Rate 111 a k i nl being a legislative act, unless the city council has acted arNtl-curily and unreasonably in fixing these rates, there is a prima facie presumption in favor of their correctness, and the burden is on complainant to show otherwise." Lazvrence v. Jones, 228 Ark.1136, 313 S.W. 2d. 228, 231 (1958). Page 118 of 402 In the 1990s, the City of Fayetteville was sued because it substantially increased its rates to a nonresident wholesale water customer. "Water may be supplied to nonresident consumers at such rates as the legislative body of the municipality may deem just and reasonable, and the rates need not be the same as the rates charged residents of the municipality." Mount Olive Water Association v. City of Fayetteville, 313 Ark, 606, 856 S.W. 2d 864, 866 (1993). The water association challenged a 9.8 % rate of return for computing revenue requirements. Id. The Arkansas Supreme Court rejected the water association's argument that the 9.8 % rate of return establishing the water rates was not just or reasonable. The Court ruled: "We have stated no hard and fast rule regarding what constitutes a reasonable rate or the variables properly employed by which a municipality may charge in these situations. Reasonableness of rates must therefore be dictated by the facts of each situation and the definition of 'reasonable' established by the common meaning of the term. Webster's Third New International Dic lionary (Unabridged) (1968) gives several definitions of 'reasonable' including 'not conflicting with reason: not absurd: not ridiculous ... b. being or remaining within the bounds of reason."' Mount Olive Water Association v. City of Fayetteville, Supra at 867. The Arkansas Supreme Court cited "the Report on Revenue Requirements, Cost of Service, and Rates for Water and Sezver Services for Fayetteville, Arkansas prepared by Black and Veatch/Engineers - Architects of Kansas City," Id. as "evidence presented by the City (which) showed the rates were based upon 'reason' and were 'reasonable' in accordance with the dictionary definitions quoted." Id. Once the City Council is satisfied that Black and Veatch has properly considered all relevant factors including realistic and relevant concerns of all the cities and customers served by Fayetteville, rates based upon the Report should satisfy the reasonableness standard here just as they did in the Mount Olive Water Association case. The Court in that case found that the charge per 1000 gallon rate there which more than tripled in four years was reasonable and legal. 2 Page 119 of 402 "The burden of proving the city's rate schedule to be arbitrary and unreasonable rested upon the plaintiffs, for the ordinance is entitled to the presumption of validity that legislative enactments ordinarily receive." Lawrence v. Jones, Supra at 231. CONCLUSION The City of Fayetteville has always strived to fairly apportion the costs of building, maintaining, and operating its water and sewer systems among all of its customers. The law clearly gives the City Council the right to protect the interests of our citizens and businesses by crediting their recent 200 Million Dollar investment into the wastewater system project. Included it the new water rates must be the 80-90 Million Dollar estimated cost of our new western main water transmission line from the Beaver Lake Water district. The new and updated wastewater treatment system is needed to service not only our intown customers, but our many out of town customers in Farmington, Greenland and Johnson as well as our wholesale customers of Elkins and West Fork. The new western water transmission watermain will provide the safety of redundancy (if an older transmission line fails) for all water customers and a sufficient capacity to better serve all of our increasing water customers' needs. A reasonable rate of return from our out-of-town customers to compensate our citizens' 200 Million Dollar investment is not only legal, but fair and reasonable. Increasing the water rates for all customers to pay for the necessary new western water transmission line is also fair and reasonable. 3 Page 120 of 402 PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1, 2024 FIXED BASE CHARGE $/MONTH WATER INSIDEOUTSIDE CITY WATER WHOLESALE Meter SizeEXISTING PROPOSED CHANGE EXISTING PROPOSED CHANGE EXISTING PROPOSED CHANGE 5/8" 6.59 6.99 6.1% 7.54 7.99 6.0% 7.54 8.81 16.8% % x %c inch 6.59 6.99 6.1% 7.54 7.99 6.0% 7.54 8.81 16.8% 1" 9.14 10.06 10.1% 10.52 13.84 31.6% 10.52 13.84 31.6% 1.5" 15.93 19.18 20.4% 18.31 27.40 49.6% 18.31 27.40 49.6% 2" 23.20 26.27 13.2% 26.66 37.95 42.3% 28.56 37.95 32.9% 3" 54.05 57.29 6.0% 62.18 79.11 27.2% 64.38 79.11 22.9% 4" 89.50 94.87 6.0% 102.93 115.76 12.5% 112.25 118.99 6.0% 6" 178.99 189.73 6.0% 205.82 218.17 6.0% 213.02 225.53 5.9% 8" 268.41 284.51 6.0% 308.67 327.19 6.0% 319.47 352.88 10.5% AVG 8.9% AVG 20.8% AVG 21.4% • 000 GALLONS Residential First 2,000 gallons 3.51 3.59 2.3% 4.04 4.54 12.4% Next 13,000 gallons 4.65 4.75 2.2% 5.35 6.01 12.3% All over 15,000 gallons 6.59 6.74 2.3% 7.54 8.52 13.0% AVG 2.2% AVG 12.6% Non -Residential First 300,000 gallons 3.79 4.20 10.8% 4.38 5.11 16.7% All over 300,000 gallons 3.39 4.20 23.9% 3.90 5.11 31.0% AVG 17.4% AVG 23.8% Major Industrial All Usage 2.96 3.14 6.1% 3.40 3.49 2.6% Irrigation First 300,000 gallons 5.04 4.75 -5.8% 5.80 5.89 1.6% All over 300,000 gallons 4.53 4.75 4.9% 5.22 5.89 12.8% AVG -0.4% AVG 7.2% Wholesale Reduced Peak Demand 2.87 3.30 15.0% Peak Demand 3.20 3.30 3.1% 9.1% PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1, 2025 FIXED BASE CHARGE $/MONTH WATER INSIDEOUTSIDE CITY WATER WHOLESALE Meter Size2024 Rates PROPOSED CHANGE 2024 Rates PROPOSED CHANGE 2024••• • CHANGE 5/8" 6.99 7.41 6.0% 7.99 8.47 6.0% 8.81 9.34 6.0% % x % inch 6.99 7.41 6.0% 7.99 8.47 6.0% 8.81 9.34 6.0% 1" 10.06 10.66 6.0% 13.84 14.67 6.0% 13.84 14.67 6.0% 1.5" 19.18 20.33 6.0% 27.4 29.04 6.0% 27.40 29.04 6.0% 2" 26.27 27.85 6.0% 37.95 40.23 6.0% 37.95 40.23 6.0% 3" 57.29 60.73 6.0% 79.11 83.86 6.0% 79.11 83.86 6.0% 4" 94.87 100.56 6.0% 115.76 122.71 6.0% 118.99 126.13 6.0% 6" 189.73 201.11 6.0% 218.17 231.26 6.0% 225.53 239.06 6.0% 8" 284.51 301.58 6.0% 327.19 346.82 6.0% 352.88 374.05 6.0% • 000 GALLONS AVG 6.0% AVG 6.0% AVG 6.0% Residential First 2,000 gallons 3.59 3.81 6.1% 4.54 4.81 5.9% Next 13,000 gallons 4.75 5.04 6.1% 6.01 6.37 6.0% All over 15,000 gallons 6.74 7.14 5.9% 8.52 9.03 6.0% AVG 6.1% AVG 6.0% Non -Residential First 300,000 gallons 4.20 4.45 6.0% 5.11 5.42 6.1% All over 300,000 gallons 4.20 4.45 6.0% 5.11 5.42 6.1% AVG 6.0% AVG 6.1% Major Industrial All Usage 3.14 3.33 6.1% 3.49 3.7 6.0% Irrigation First 300,000 gallons 4.75 5.04 6.1% 5.89 6.24 5.9% All over 300,000 gallons 4.75 5.04 6.1% 5.89 6.24 5.9% AVG 6.1% AVG 5.9% Wholesale Reduced Peak Demand 3.30 3.50 6.1% Peak Demand 3.30 3.50 6.1% 6.1% Page 121 of 402 PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1, 2026 is • Meter Size 5/8" OWN � • • • exel• • � • • • • 7.41 7.85 5.9% 8.47 8.98 6.0% 9.34 9.90 6.0% %x % inch 7.41 7.85 5.9% 8.47 8.98 6.0% 9.34 9.90 6.0% 1" 10.66 11.30 6.0% 14.67 15.55 6.0% 14.67 15.55 6.0% 1.5" 20.33 21.55 6.0% 29.04 30.78 6.0% 29.04 30.78 6.0% 2" 27.85 29.52 6.0% 40.23 42.64 6.0% 40.23 42.64 6.0% 3" 60.73 64.37 6.0% 83.86 88.89 6.0% 83.86 88.89 6.0% 4" 100.56 106.59 6.0% 122.71 130.07 6.0% 126.13 133.70 6.0% 6" 201.11 213.18 6.0% 231.26 245.14 6.0% 239.06 253.40 6.0% 8" 301.58 319.67 6.0% 346.82 367.63 6.0% 374.05 396.49 6.0% AVG 6.0% AVG 6.0% AVG 6.0% • i00 GALLONS Residential First 2,000 gallons 3.81 4.04 6.0% 4.81 5.10 6.0% Next 13,000 gallons 5.04 5.34 6.0% 6.37 6.75 6.0% All over 15,000 gallons 7.14 7.57 6.0% 9.03 9.57 6.0% AVG 6.0% AVG 6.0% Non -Residential First 300,000 gallons 4.45 4.72 6.1% 5.42 5.75 6.1% All over 300,000 gallons 4.45 4.72 6.1% 5.42 5.75 6.1% AVG 6.1% AVG 6.1% Major Industrial All Usage 3.33 3.53 6.0% 3.70 3.92 5.9% Irrigation First 300,000 gallons 5.04 5.34 6.0% 6.24 6.61 5.9% All over 300,000 gallons 5.04 5.34 6.0% 6.24 6.61 5.9% AVG 6.0% AVG 5.9% Wholesale ` Reduced Peak Demand 3.50 3.71 6.0% Peak Demand 3.50 3.71 6.0% 6.0% PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1. 2027 FIXED BASE • • OUTSIDE CITY WATER WHOLESALE Meter SizeEkR26 Rates PROPOSED• •PROPOSED CHANGE 7.85 8.32 6.0% 8.98 9.52 6.0% 9.90 10.49 6.0% 5/8" % x %c inch 7.85 8.32 6.0% 8.98 9.52 6.0% 9.90 10.49 6.0% 1" 11.30 11.98 6.0% 15.55 16.48 6.0% 15.55 16.48 6.0% 1.5" 21.55 22.84 6.0% 30.78 32.63 6.0% 30.78 32.63 6.0% 2" 29.52 31.29 6.0% 42.64 45.20 6.0% 42.64 45.20 6.0% 3" 64.37 68.23 6.0% 88.89 94.22 6.0% 88.89 94.22 6.0% 4" 106.59 112.99 6.0% 130.07 137.87 6.0% 133.70 141.72 6.0% 6" 213.18 225.97 6.0% 245.14 259.85 6.0% 253.40 268.60 6.0% 8" 319.67 338.85 6.0% 367.63 389.69 6.0% 396.49 420.28 6.0% AVG 6.0% AVG 6.0% AVG 6.0% • Residential First 2,000 gallons 4.04 4.28 5.9% 5.10 5.41 6.1% Next 13,000 gallons 5.34 5.66 6.0% 6.75 7.16 6.1% All over 15,000 gallons 7.57 8.02 5.9% 9.57 10.14 6.0% AVG 6.0% AVG 6.0% Non -Residential First 300,000 gallons 4.72 5.00 5.9% 5.75 6.10 6.1% All over 300,000 gallons 4.72 5.00 5.9% 5.75 6.10 6.1% AVG 5.9% AVG 6.1% Major Industrial All Usage 3.53 3.74 5.9% 3.92 4.16 6.1% Irrigation First 300,000 gallons 5.34 5.66 6.0% 6.61 7.01 6.1% All over 300,000 gallons 5.34 5.66 6.0% 6.61 7.01 6.1% AVG 6.0% AVG 6.1% Wholesale Reduced Peak Demand 3.71 3.93 5.9% Peak Demand 3.71 3.93 5.9% 5.9% Page 122 of 402 PROPOSED WASTEWATER RATE CHANGES ON OR AFTER JANUARY 2024 MONTHLY• •FARMINGTON Meter SizeEXISTING PROPOSED • • • • CHANGE 5/8" 18.28 18.83 3.0% 18.28 15.71 -14.1% 16.74 15.71 -6.2% % x % inch 18.28 18.83 3.0% 18.28 16.01 -12.4% 16.74 16.01 -4.4% 1" 23.74 24.45 3.0% 33.92 31.32 -7.7% 31.28 31.32 0.1% 1.5" 38.77 44.81 15.6% 60.37 63.14 4.6% 55.50 63.14 13.8% 2" 55.43 61.64 11.2% 79.73 87.88 10.2% 73.45 87.88 19.6% 3" 128.73 132.59 3.0% 184.24 184.50 0.1% 169.29 184.50 9.0% 4" 212.13 218.49 3.0% 303.44 270.52 -10.8% 278.93 270.52 -3.0% 6" 420.39 433.00 3.0% 601.46 501.48 -16.6% 553.70 501.48 -9.4% 8" 628.73 647.59 3.0% 899.76 558.03 -38.0% 826.81 558.03 -32.5% AVG 5.3% AVG -9.4%1 AVG -1.4% • ••• GALLONS Residential First 2,000 gallons 4.35 3.84 -11.7% > 2,000 gallons 5.80 5.13 -11.6% All Usage 8.18 7.56 -7.6% 7.52 7.56 0.5% AVG -11.6% Non -Residential All Usage 4.40 5.36 21.8% 8.18 7.56 -7.6% 7.52 7.56 0.5% Major Industrial All Usage 4.71 5.82 23.6% 8.18 7.56 -7.6% 7.52 7.56 0.5% Wholesale 85% of metered water usage 5.19 6.26 20.6% Above 85% of metered water 2.71 6.26 131.0% AVG 75.8% Surcharge BOD -$/Ib strength excess 300 ppm 0.3148 0.5410 71.9% TSS - $/lb strength excess 300 ppm 0.4483 0.6674 48.9% AVG 60.4% PROPOSED WASTEWATER RATE CHANGES ON OR AFTER JANUARY 2025 MONTHLY• OUTSIDE CITY FARMINGTON Met: 2024 Rates PROPOSED CHANGE 2024•••PROPOSED CHANGE 5/8" 18.83 19.39 3.0% 15.71 16.18 3.0% 15.71 16.18 3.0% % x Y. inch 18.83 19.39 3.0% 16.01 16.49 3.0% 16.01 16.49 3.0% V. 24.45 25.19 3.0% 31.32 32.26 3.0% 31.32 32.26 3.0% 1.5" 44.81 46.15 3.0% 63.14 65.03 3.0% 63.14 65.03 3.0% 2" 61.64 63.48 3.0% 87.88 90.52 3.0% 87.88 90.52 3.0% 3" 132.59 136.57 3.0% 184.50 190.04 3.0% 184.50 190.04 3.0% 4" 218.49 225.05 3.0% 270.52 278.63 3.0% 270.52 278.63 3.0% 6" 433.00 445.99 3.0% 501.48 516.52 3.0% 501.48 516.52 3.0% 8" 647.59 667.02 3.0% 558.03 574.77 3.0% 558.03 574.77 3.0% • •00 GALLONS AVG 3.0% AVG 3.0% AVG 3.0% Residential First 2,000 gallons 3.84 3.96 3.1% > 2,000 gallons 5.13 5.28 2.9% All Usage 7.56 7.79 3.0% 7.56 7.79 3.0% AVG 3.0% Non -Residential All Usage 5.36 5.52 3.0% 7.56 7.79 3.0% 7.56 7.79 3.0% Major Industrial All Usage 5.82 5.99 2.9% 7.56 7.79 3.0% 7.56 7.79 3.0% Wholesale 85% of metered water usage 6.26 6.45 3.0% Above 85% of metered water 6.26 6.45 3.0% AVG 3.0% Surcharge BOD -$/Ib strength excess 300 ppm 0.5410 0.5572 3.0% TSS - $/lb strength excess 300 ppm 0.6674 0.6875 3.0% AVG 3.0% Page 123 of 402 PROPOSED WASTEWATER RATE CHANGES ON OR AFTER JANUARY 2026 MONTHLY• OUTSIDE CITY FARMINGTON Meter Size2025 Rates PROPOSED CHANGE 2025 Rates PROPOSED CHANGE 2025••• • CHANGE 5/8" 19.39 19.98 3.0% 16.18 16.66 3.0% 16.18 16.66 3.0% % x % inch 19.39 19.98 3.0% 16.49 16.98 3.0% 16.49 16.98 3.0% 1" 25.19 25.94 3.0% 32.26 33.23 3.0% 32.26 33.23 3.0% 1.5" 46.15 47.53 3.0% 65.03 66.98 3.0% 65.03 66.98 3.0% 2" 63.48 65.39 3.0% 90.52 93.23 3.0% 90.52 93.23 3.0% 3" 136.57 140.67 3.0% 190.04 195.74 3.0% 190.04 195.74 3.0% 4" 225.05 231.80 3.0% 278.63 286.99 3.0% 278.63 286.99 3.0% 6" 445.99 459.37 3.0% 516.52 532.02 3.0% 516.52 532.02 3.0% 8" 667.02 687.03 3.0% 574.77 592.02 3.0% 574.77 592.02 3.0% AVG 3.0% AVG 3.0% AVG 3.0% • 000 GALLONS Residential First 2,000 gallons 3.96 4.08 3.0% > 2,000 gallons 5.28 5.44 3.0% All Usage 7.79 8.02 3.0% 7.79 8.02 3.0% AVG 3.0% Non -Residential All Usage 5.52 5.68 2.9% 7.79 8.02 3.0% 7.79 8.02 3.0% Major Industrial All Usage 5.99 6.17 3.0% 7.79 8.02 3.0% 7.79 8.02 3.0% Wholesale 85% of metered water usage 6.45 6.64 2.9% Above 85% of metered water 6.45 6.64 2.9% AVG 2.9% Surcharge BOD -$/Ib strength excess 300 ppm 0.5572 0.5739 3.0% TSS - $/lb strength excess 300 ppm 0.6875 0.7081 3.0% AVG 3.0% PROPOSED WASTEWATER RATE CHANGES ON OR AFTER JANUARY 2027 • DE CITY OUTSIDE CITY FARMINGTON Meter SizeF2026 Rates PROPOSED CHANGE 2026 Rates PROPOSED CHANGE 2026 Rates PROPOSED CHANGE 5/8" 19.98 20.57 3.0% 16.66 17.16 3.0% 16.66 17.16 3.0% % x % inch 19.98 20.57 3.0% 16.98 17.49 3.0% 16.98 17.49 3.0% 1" 25.94 26.72 3.0% 33.23 34.23 3.0% 33.23 34.23 3.0% 1.5" 47.53 48.96 3.0% 66.98 68.99 3.0% 66.98 68.99 3.0% 2" 65.39 67.35 3.0% 93.23 96.03 3.0% 93.23 96.03 3.0% 3" 140.67 144.89 3.0% 195.74 201.61 3.0% 195.74 201.61 3.0% 4" 231.80 238.75 3.0% 286.99 295.60 3.0% 286.99 295.60 3.0% 6" 459.37 473.15 3.0% 532.02 548.00 3.0% 532.02 548.00 3.0% 8" 687.03 707.64 3.0% 592.02 609.78 3.0% 592.02 609.78 3.0% AVG 3.0% AVG 3.0% AVG 3.0% Residential First 2,000 gallons 4.08 4.2 2.9% > 2,000 gallons 5.44 5.61 3.1% All Usage 8.02 8.26 3.0% 8.02 8.26 3.0% AVG 3.0% Non -Residential All Usage 5.68 5.85 3.0% 8.02 8.26 3.0% 8.02 8.26 3.0% Major Industrial All Usage 6.17 6.36 3.1% 8.02 8.26 3.0% 8.02 8.26 3.0% Wholesale 85% of metered water usage 6.64 6.84 3.0% Above 85% of metered water 6.64 6.84 3.0% AVG 3.0% Surcharge BOD -$/Ib strength excess 300 ppm 0.5739 0.5911 3.0% TSS - $/lb strength excess 300 ppm 0.7081 0.7293 3.0% AVG 3.0% Page 124 of 402 *Beginning January 1, 2028, all monthly water and sewer rates shall be increased by 3% per year For more information or questions about the proposed water and sewer rate changes, contact the City of Fayetteville, Utilities Financial Service Division at (479) 575-8224 or visit the City's website at www.faVetteville-ar.gov. Page 125 of 402 P49 CITY OF FAYETTEVILLE ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS Notice of Public Hearing on Proposed Water and Sewer Rate Changes City Council Meeting: Tuesday, August 15, 2023 at 5:30 PM City of Fayetteville Administration Building, City Hall 113 W. Mountain — Room 219 or via Zoom link at www.favetteville-ar.gov On August 15, 2023 shortly after the beginning of the Council Meeting at 5:30 PM, the Fayetteville City Council will hold a public hearing prior to the consideration and possible adoption of the 2024-2027 water and sewer rates ordinance. The public will be able to comment during this Public Hearing and also during consideration of the rate ordinance prior to its final consideration and vote by the Fayetteville City Council. The public can attend in person or remotely via the link on the City's website, www.fayetteville-ar.gov. If adopted, the proposed new rates would take effect on or after January 1, 2024, with 3% increases annually after the rates shown for 2027. All persons are invited to attend the public hearing and be heard on the matter. A water and sewer cost of service study was conducted by Black & Veatch pursuant to Fayetteville City Council Resolution 212-20 and State Law to perform a cost analysis to determine if costs allocations are fair and equitable among customer classes and to review the existing rate sbuctuie and design proposed rates that provide adequate revenues to operate and maintain the utilities and ensure sufficient funds will be available for necessary capital expansions. The rate study was conducted following the industry standard methodology from the American Water Works Association (M1 Principles of Water Rates, Fees, and Charges). The proposed water and sewer rate changes below are necessary for the City of Fayetteville to continue to provide safe and reliable water and sewer services to its citizens and other customers because extensive new capital needs are required now and will be required in the future, and operating costs have increased and will continue to increase. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 126 of 402 PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1. 2024 FIXEEASECHARGE Meter SizePROPOSED 5/8" 6.59 6,99 6.1% 7.54 PROPOSED 7.99 6.0% PROPOSED CHANGE 7.54 8.81 16.8% %x%inch 6.59 6.99 6.1% 7.54 7.99 6,0% 7.54 8.81 16.8% V. 9.14 10.06 10.1% 10.52 13.84 31.6% 10.52 13.84 31.6% 1.5" 15.93 19.18 20.4% 18.31 27.40 49.6% 18.31 27.40 49.6% 2" 23.20 26.27 13.2% 26.66 37.95 42.3% 28.56 37.95 32.9% 3" 54.05 57.29 6.0% 62.18 79.11 27.2% 64.38 79.11 22.9% 4" 99.50 94.87 6.0% 102.93 115.76 12.5% 112.25 118.99 6.0% 6" 178.99 189.73 6.0% 205.82 218.17 6.0% 213.02 225.53 5.9% 8" 268.41 284.51 6.0% 308.67 327.19 6.0% 319.47 352.88 10.5% QUANTITY CHARGE 0W GALLONS AVG 8.9% AVG 20.8% AVG 21.4% Residential First 2,000 gallons 3.51 3.59 2.3% 4.04 4.54 12.4% Next 13,000 gallons 4.65 4.75 2.2% 5.35 6.01 12.3% All over 15,000 gallons 6.59 6.74 2.3% 7.54 8.52 13.0% AVG 2.2% AVG 12.6% Non -Residential First 300,000 gallons 3.79 4.20 10.8% 4.38 5.11 16.7% All over 300,000 gallons 3.39 4.20 23.9% 3.90 5.11 31.0% AVG 17.4% AVG 23 8% Major Industrial All Usage 2.96 3.14 6.1% 3.40 3.49 2.6% Irrigation First 300,000 gallons 504 4.75 -5.8% 5.80 5.89 1.6% All over 300,000 gallons 4.53 4.75 4.9% 5.22 5.89 12.8% AVG -0.4% AVG 7.2% Wholesale Reduced Peak Demand 287 3.30 15.0% Peak Demand 3.20 3.30 3.19/o 9.1% PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1. 2025 FIXEDBASECHARGE Meter SizePROPOSEDPROPOSEDPROPOSED 5/8" 6.99 7.41 6.0% 7.99 8.47 6.0% 8.81 9.34 6.0% % x Y. inch 6.99 7.41 6.0% 7.99 8.47 6.0% 8.81 9.34 6.0% 1" 10.06 10.66 6.0% 13.84 14.67 6.0% 13.84 14.67 6.0% 1.5" 19.18 20.33 6.0% 27.4 29.04 6.0% 27.40 29.04 6.0% 2" 26 27 27.85 6.0% 37.95 40.23 6.0% 37.95 40.23 6.0% 3" 57.29 60.73 6.0% 79.11 83.86 6.0% 79.11 83.86 6.0% 4" 94.87 100.56 6.0% 115.76 122.71 6.0% 118.99 126.13 6.0% 6" 189.73 201.11 6.0% 218.17 231.26 6.0% 225.53 239.06 6.0% 8" 284.51 301.58 6.0% 327.19 346.82 6.0% 352.88 374.05 6.0% QUANTITY CHARGE $11t0l)0 GALLONS AVG 6.0% AVG 6.0% AVG 6.0% Residential First 2,000 gallons 3.59 3.81 6.1% 4.54 4.81 5.9% Next 13,000 gallons 4.75 5.04 6.1% 6.01 6.37 6.0% All over 15,000 gallons 674 7.14 5.9% 8.52 9.03 6.0% AVG 6.1% AVG 6.0% Non -Residential First 300,000 gallons 420 4.45 6.0% 5,11 5.42 6.1% All over 300,000 gallons 4.20 4.45 6.0% 5.11 5.42 6.1% AVG 6.0% AVG 6.1% Major Industrial All Usage 3.14 3.33 6.1% 3.49 3.7 6.0% Irrigation First 300,000 gallons 4.75 5.04 6.1% 5.89 6.24 5.9% All over 300,000 gallons 4.75 5.04 6.1% 5.89 6.24 5 9% AVG 6.1% AVG 5.9% Wholesale Reduced Peak Demand 330 3.50 6.1% Peak Demand 3.30 3.50 6.1% 6.1% Page 127 of 402 PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1. 2026 FIXED BASE CHARGE $/MONTH Meter Size202S 5/8" WATER Rates PROPOSED• INSIDE CITY WATER OUTSIDE CITY •PROPOSED WATER WHOLESALE CHANGE 7.41 785 5.9% 8.47 8.98 6.0% 9.34 9.90 6.0% %x'/.inch 7.41 7.85 5.9% 8.47 8.98 6.0% 9.34 9.90 6.0% 1" 10.66 11.30 6.0% 14.67 15.55 6.0% 14.67 15.55 6.0% 1.5" 20.33 21.55 6.0% 29.04 30.78 6.0% 29.04 30.78 6.0% 2" 27.85 29.52 6.0% 40.23 42.64 6.0% 40.23 42.64 6.0115 3" 60.73 64.37 6.0% 83.86 88.89 6.0% 83.86 88.89 6.0% 4" 100.56 106.59 6.0% 122.71 130.07 6.0% 126.13 133.70 6.096 6" 201.11 213.18 6.0% 231.26 245.14 6.0% 239.06 253.40 6.D% 8" 301.58 319.67 6.0% 346.82 367.63 6.0% 374.05 396.49 6.0% • 00i GALLONS AVG 6.0% AVG 6.0% AVG 6-0% Residential First 2,000 gallons 3.81 4.04 6.0% 4.81 5.10 6.0% Next 13,000 gallons 5.04 5.34 6.0% 6.37 6.75 6.0% All over 15,000 gallons 7.14 7.57 6.0% 9.03 9.57 6.0% AVG 6.0% AVG 6.0% Non -Residential First 300,000 gallons 4.45 4.72 6.1% 5.42 5.75 6.1% All over 300,000 gallons 4.45 4.72 6.1% 5.42 5.75 6.1% AVG 6.1% AVG 6.1% Major Industrial All Usage 3.33 3.53 6.0% 3.70 3.92 5.911. Irrigation First 300,000 gallons 5.04 5.34 6.0% 6.24 6.61 5.9% All over 300,000 gallons 5.04 5.34 6.0% 6.24 6.61 5.9% AVG 6.0% AVG 5.91. Wholesale Reduced Peak Demand 3.50 3.71 6.0% Peak Demand 3.50 3.71 6.0% 6.0% PROPOSED WATER RATE CHANGES - ON OR AFTER JANUARY 1. 2027 FIXED BASE CHARGE $JMONTH Meter Size2026 5/8" WATER Rates INSIDE CITY PROPOSED• WATER OUTSIDE CITY .PROPOSEDt32.63 WATER WHOLESALE 7.85 8.32 6.0% 8.98 9.52 6.0% 9.909 6.0% % x %c inch 7.85 8.32 6.0% 8.98 9.52 6.0% 9.909 6.0% 1" 11.30 11.98 6.0% 15.55 16.48 6.0% 15.558 6.0% 1.51, 21.55 22.84 6.0% 30.78 32.63 6.0% 30.78 6.0% 2" 29.52 31.29 6.0% 42.64 45.20 6.0% 42.64 45.20 6.0% 3" 64.37 68.23 6.01/o 8_8.89 94.22 6.0% 88.89 94.22 6.0% 4" 106.59 112.99 6.0% 130.07 137.87 6.0% 133.70 141.72 6.0% 6" 213.18 225.97 6.0% 245.14 259.85 6.0% 253.40 268.60 6.0% 8" 319.67 338.85 6.0% 367.63 389.69 6.0% 396.49 420.28 6.0% QUANTTrV CHARGE $/1.000 GALLONS I AVG 6.0% AVG 6.0% AVG 6.0% Residential First 2,000 gallons 4.04 4.28 5.9% 5.10 5.41 6.1% Next 13,000 gallons 5.34 5.66 6.0% 6.75 7.16 6.1% All over 15,000 gallons 7.57 8.02 5.9% 9.57 10.14 6.0% AVG 6.0% AVG 6.0% Non -Residential First 300,000 gallons 4.72 5.00 5.9% 5.75 6.10 6.1% All over 300,000 gallons 4.72 5.00 5.9% 5.75 6.10 6.1% AVG 5.9% AVG 6.1% Major Industrial All Usage 3.53 3.74 5.9% 3.92 4.16 6.1% Irrigation First 300,000 gallons 5.34 5.66 6.0% 6.61 7.01 6.1% All over 300,000 gallons 5.34 5.66 6.0% 6.61 7.01 6.1% AVG 6.0% AVG 6.1% Wholesale Reduced Peak Demand 3.71 3.93 5.9% Peak Demand 3.71 3.93 5.9% 5.9% Page 128 of 402 PROPOSED WASTEWATER RATE CHANGES ON OR AFTER JANUARY 2024 MONTHLY BASE CHARGE INSIDE CITY OUTSIDE CITY FARMINGTON Meter Sae EXISTING PROPOSED CHANGE EXISTING PROPOSED CHANGE EXISTING PROPOSED CHANGE 5/8" 18.28 18.83 3.0% 18.28 15.71 -14.1% 16.74 15.71 -6.2% % x % inch 18.28 18.83 3.0% 18.28 16.01 -12.4% 16.74 16.01 -4.4% 1" 23.74 24.45 3.0% 33.92 31.32 -7.7% 31.28 31.32 0.1% 1.5" 38.77 44.81 15.6% 60.37 63.14 4.6% 55.50 63.14 13.8% 2" 55.43 61.64 11.2% 79.73 87.88 10.2% 73.45 87.88 19.6% 3" 128.73 132.59 3.0% 184.24 184.50 0.1% 169,29 184.50 9.01y. 4" 212.13 218.49 3.0% 303.44 270.52 -10.8% 278.93 270.52 -3.0% 6" 420.39 433.00 3.0% 601.46 501.48 -16.6% 553.70 501.48 -9-4% 8" 628.73 647.59 3.0% 899.76 558.03 -38.0% 826.81 558.03 -32.5% • i0 GALLONS AVG 5.3% AVG -9.4% AVG -1.4% Residential First 2,000 gallons 4.35 3.84 -11.7% > 2,000 gallons 5.80 5.13 -11.6% All Usage 8.18 7.56 -7.6% 752 7.56 0.5% AVG -11.6% Non -Residential All Usage 4.40 5.36 21.8% 8.18 7.56 -7.6% 7.52 7.56 0.5% Major Industrial All Usage 4.71 5.82 23.6% 8.18 7.56 -7.6% 7.52 756 1 Wholesale 85% of metered water usage 5.19 6.26 20.6% Above 85% of metered water 2.71 6.26 131.096 AVG 75.8% Surcharge BOD -$/lb strength excess 300 ppm 03148 0.5410 71.9% TSS - $/lb strength excess 300 ppm 0.4483 0.6674 48.9% AVG 60.4% RATE CHANGES ON OR AFTER JANUARY 2025 MONTHLY BASE CHARGE INSIDE CITY OUTSIDE CITY FARMINGTON Meter Sae2024 Rates PROPOSED CHANGE 2024 Rates PROPOSED 5/8" 18.83 19.39 3.0% 15.71 16.18 3.0% 15.71 16.18 3.0% %xY..inch 18.83 19.39 3.0% 16.01 16.49 3.0% 16.01 16.49 3.0% 1" 24.45 25.19 3.0% 31.32 32.26 3.0% 31.32 32,26 3.0% 1.5" 44.81 46.15 3.0% 63.14 65.03 3.0% 63.14 65.03 3.0% 2" 61.64 63.48 3.0% 87.88 90.52 3.0% 87.88 90.52 3.0% 3" 132.59 136.57 3.0% 184,50 190.04 3.0% 184.50 190.04 3.09E 4" 218.49 225.05 3.0% 270.52 278.63 3.0% 270.52 278.63 3.0% 6" 433.00 445.99 3.0% 501.48 516.52 3.0% 501.48 516.52 3.0% 8" 647.59 667.02 3.0% 558.03 574.77 3.0% 558.03 574.77 3.0% QUANTITY CHARGE $11,01M GALLONS AVG 3.0% AVG 3.0% AVG 3.0% Residential First 2,000 gallons 3.84 3.96 3.1% > 2,000 gallons 5.13 5.28 2.9% All Usage 7.56 7.79 3.0% 756 7.79 3.0% AVG 3.0% Non -Residential All Usage 5.36 5.52 3.0% 7.56 779 3 0% 756 7.79 3.01/6 Major Industrial All Usage 5.82 5.99 2.9% 7.56 7.79 3.0% 7.56 7.79 3.O96 Wholesale 85% of metered water usage 6.26 6.45 3.0% Above 85% of metered water 6.26 6.45 3.0% AVG 3.0% Surcharge BOD -$/Ib strength excess 300 ppm 0.5410 0.5572 3.0% T55 - $/lb strength excess 300 ppm 0.6674 0.6875 3.0% AVG 3.0% Page 129 of 402 PROPOSED WASTEWATER RATE CHANGES ON OR AFTER JANUARY 2026 MONTHLY BASE CHARGE INSIDE CITY OUTSIDE CITY FARMINGTON Meter Size2025 Rates PROPOSED CHANGE 2025 Rates PROPOSED CHANGE 20ZS Rates PROPOSED CHANGE 5/8" 19.39 19.98 3.0% 16.18 16.66 3.0% 16.18 16.66 3.01., %x % inch 19.39 19.98 3.0% 16.49 16.98 3.0% 16.49 16.98 3.0% 1" 25.19 25.94 3.0% 32.26 33.23 3.0% 32.26 33.23 3.0% 1.5" 46.15 47.53 3.0% 65.03 66.98 3 0% 65.03 66.98 3.01.: 2" 63.48 65.39 3.0% 90.52 93.23 3.0% 90.52 93.23 3.0Y, 3" 136.57 140.67 3.0% 190.04 195.74 3.0% 190.04 195.74 3.0`1. 4" 225.05 231.80 3.0°% 278.63 286.99 3.0% 278.63 286.99 1W, 6" 445.99 459.37 3.0% 516.52 532.02 3.0% 516.52 532.02 3.0N 8" 667.02 687.03 3.13% 574.77 592.02 3.0% 574.77 592.02 3.01', AVG 3.0% AVG 3.0% AVG 3.0% • Residential First 2,000 gallons 3.96 4.08 3.0% > 2,000 gallons 5.28 5.44 3.0% All Usage 7.79 8.02 3 0% 7.79 8.02 3.0%: AVG 3.0% Non -Residential All Usage 5.52 5.68 2.9% 7.79 8.02 3 0% 779 8.02 3.0% Major Industrial All Usage 5.99 6.17 3.0% 7.79 8.02 3.0% 779 8.02 3.0% Wholesale 85% of metered water usage 6.45 6.64 2.9% Above 85% of metered water 6.45 6.64 2.9% AVG 2.9% Surcharge BOD -$/Ib strength excess 300 ppm 0.5572 0.5739 3.0%' TSS - $/lb strength excess 300 ppm 0.6875 0.7081 3.0% AVG 3.01Y PROPOSED WASTEWATER RATE CHANGES ON OR AFTER JANUARY 2027 MONTHLY BASE CHARGE INSIDE CITY OUTSIDE CITY FARMINGTON Meter Size 2026 Rates PROPOSED CHANGE 2026 Rates PROPOSED CHANGE 2026 Rates PROPOSED CHANGE 5/8" 19.98 20.57 3.0% 16.66 17.16 3.0% 16.66 17.16 3.09t % x Y. inch 19.98 20.57 3.0% 16.98 17.49 3.0% 16.98 17.49 3.0% 1" 25.94 26.72 3.0% 33.23 34.23 3.0% 33.23 34.23 3.0% 41.53 48,96 3.0% bb.98 b8.99 3.U% bb.98 b8.99 -4. UP,, 2" 65.39 67.35 3.0% 93.23 96.03 3.0% 93.23 96.03 3.0% 3" 140.67 144.89 3.0% 195.74 201.61 3.0% 195.74 201.61 3.0% 4" 231.80 238.75 3.0% 286.99 295.60 3.0% 286.99 295.60 3.0% 6" 459.37 473.15 3.0% 532.02 548.00 3.0% 532.02 548.D0 3.0°,, 8" 687.03 707-64 3.0% 592.02 609.78 3.0% 592.02 609.78 3.0% QUANTITY CHARGE S/2.000 GALLONS AVG 3.0% AVG 3.0% AVG 3.0% Residential First 2,000 gallons 4.08 4.2 2.9% > 2,000 gallons 5.44 5.61 3.1% All Usage 8.02 8.26 3.0% 8.02 8.26 3,1) AVG 3.0% Non -Residential All Usage 5.68 5.85 3.0% 8.02 8.26 3.0% 8.02 8.26 3.0% Major Industrial All Usage 6.17 6.36 3.1% 8.02 8.26 3.0% 8.02 8.26 3.09/. Wholesale 85% of metered water usage 6.64 6.84 3.0% Above 85% of metered water 6.64 6.84 3.0% AVG 3.0% Surcharge BOD -$/Ib strength excess 300 ppm 0.5739 0.5911 3.a TSS - $/lb strength excess 300 ppm 0.7081 0.7293 3.0% AVG 3.0% Page 130 of 402 *Beginning January 1, 2028, all monthly water and sewer rates shall be increased by 3% per year For more information or questions about the proposed water and sewer rate changes, contact the City of Fayetteville, Utilities Financial Service Division at (479) 575-8224 or visit the City's website at www.favetteviIIe-ar.gov. Page 131 of 402 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2022-319 AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATES: AN ORDINANCE TO AMEND §51.136 MONTHLY WATER RATES AND §51.137 MONTHLY SEWER RATES TO CHANGE WATER AND SEWER RATES AS RECOMMENDED BY THE COST OF SERVICE STUDY CONDUCTED BY BLACK & VEATCH WHEREAS, the City of Fayetteville's current water and sewer rates were adopted in 2008 based on a Cost of Service Study conducted by HDR Engineering; and WHEREAS, on August 18, 2020, the City Council approved Resolution 212-20 authorizing a contract with Black & Veatch for an updated Cost of Service Study; and WHEREAS, the Black & Veatch Cost of Service Study recommends initial changes in both water and sewer rates that reflect the true cost of service by customer class and a 3% annual increase in rates each year thereafter until a new study is conducted; and WHEREAS, the City Council has determined, after the public hearing required by Ark. Code Ann. § 14-235-223, that the proposed rate changes reflecting the true cost of service should be adopted and that the new rates shall take effect on January 1, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §51.136 Monthly Water Rates and enacts a new §51.136 as shown in Exhibit A attached to this Ordinance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals §51.137 Monthly Sewer Rates and enacts a new §51.137 as shown in Exhibit B attached to this Ordinance. Page 1 Page 132 of 402 EXH I BIT A 51.136 Monthly Water Rates Effective as of the first billing statements issued after December 31, 2023, the following monthly rates shall be fixed as rates to be charged for water furnished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged. All non -emergency water uses shall be billed to the user, to include but not limited to water used for: use within structures; business; manufacturing; irrigation; retail by another water utility; city uses; educational purposes; medical purposes; water system routine non -emergency uses; wastewater system routine non -emergency uses; non-profit uses; fire department non -emergency uses to include training and equipment calibration; construction of new water mains; street cleaning; and wet down of construction sites and materials. Emergency water use that does not pass through a water system meter shall not be billed, including firefighting, water leaks, water leak repair, and emergency water line flushing. The volumes used for these emergency purposes should be estimated and submitted monthly to the Business Office Manager and the Water/Sewer Operations Manager. (A) Monthly Water Rates. (1) The water usage of each customer shall be determined each month by meter measurement and the amount per 1,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. Table A-1 Monthly Water Rates Prior to January 1, 2024 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.51 $4.04 Next 13,000 $4.65 $5.35 Over 15,000 $6.59 $7.54 Non -Residential First 300,000 $3.79 $4.38 Over 300,000 $3.39 $3.90 Major Industrial All Usage $2.96 $3.40 Irrigation First 300,000 $5.04 $5.80 Over 300,000 $4.53 $5.22 Wholesale Reduced Peak Demand $2.87 $2.87 Peak Demand $3.20 $3.20 Table A-2 Monthly Water Rates After December 31, 2023 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.59 $4.54 Next 13,000 $4.75 $6.01 Over 15,000 $6.74 $8.52 Non -Residential First 300,000 $4.20 $5.11 Over 300,000 $4.20 $5.11 Major Industrial All Usage $3.14 $3.49 Page 133 of 402 Irrigation First 300,000 $4.75 $5.89 Over 300,000 $4.75 $5.89 Wholesale Reduced Peak Demand $3.30 $3.30 Peak Demand $3.30 $3.30 Table A-3 Monthly Water Rates After December 31, 2024 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.81 $4.81 Next 13,000 $5.04 $6.37 Over 15,000 $7.14 $9.03 Non -Residential First 300,000 $4.45 $5.42 Over 300,000 $4.45 $5.42 Major Industrial All Usage $3.33 $3.70 Irrigation First 300,000 $5.04 $6.24 Over 300,000 $5.04 $6.24 Wholesale Reduced Peak Demand $3.50 $3.50 Peak Demand $3.50 $3.50 Table A-4 Monthly Water Rates After December 31, 2025 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $4.04 $5.10 Next 13,000 $5.34 $6.75 Over 15,000 $7.57 $9.57 Non -Residential First 300,000 $4.72 $5.75 Over 300,000 $4.72 $5.75 Major Industrial All Usage $3.53 $3.92 Irrigation First 300,000 $5.34 $6.61 Over 300,000 $5.34 $6.61 Wholesale Reduced Peak Demand $3.71 $3.71 Peak Demand $3.71 $3.71 Table A-5 Monthly Water Rates After December 31, 2026 Cost per 1,000 gallons Class Usage Rate Inside City Outside (In Gallons) I I City Page 134 of 402 Residential First 2,000 $4.28 $5.41 Next 13,000 $5.66 $7.16 Over 15,000 $8.02 $10.14 Non -Residential First 300,000 $5.00 $6.10 Over 300,000 $5.00 $6.10 Major Industrial All Usage $3.74 $4.16 Irrigation First 300,000 $5.66 $7.01 Over 300,000 $5.66 $7.01 Wholesale Reduced Peak Demand $3.93 $3.93 Peak Demand $3.93 $3.93 (2) Beginning January 1, 2028, all monthly water rates shall be increased by 3% per year. (3) All bills under such schedules shall be computed by adding the applicable meter service charge prescribed by subsection (B) to the amount determined to be due for water usage under this schedule. Applicable sales tax and franchise fees shall be added to the bill so computed. (4) When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (5) Water used for flushing and sampling of newly constructed water lines, Fire Department training and equipment calibration, and other similar uses requiring a large volume and/or high velocity of water movement shall employ a fire hydrant meter of the appropriate size for the use. If a fire hydrant meter cannot be used due to high flow or volume requirements, then the volume of water used shall be measured by using a pitot gauge to determine the gallons per minute and by timing the flow of water to be able to calculate total volume. In the cases of fire department training and equipment calibration, sewer line washing, street sweeping, and other uses where the equipment employed has a built-in water meter, these built in water meters may be used. All such meters other than those on fire trucks must be evaluated by the Meter Superintendent. These water uses shall be billed at the same rates as non-residential customers. (6) Monthly wholesale treated water rates outside city limits are based on Cost of Service Methodology. (B) Monthly Water Service Charge. (1) In addition to the above, each customer shall pay a monthly water service charge in accordance with the following schedule: Table B-1 Monthly Water Service Charge Prior to January 1, 2024 Inside Outside Meter Size City City Wholesale 5/8" $6.59 $7.54 $7.54 %x % inch $6.59 $7.54 $7.54 Page 135 of 402 1 inch $9.14 $10.52 $10.52 1 % inch $15.93 $18.31 $18.31 2 inch $23.20 $26.66 $28.56 3 inch $54.05 $62.18 $64.38 4 inch $89.50 1 $102.93 1 $112.25 6 inch $178.99 $205.82 $213.02 8 inch $268.41 $308.67 $319.47 Table B-2 Monthly Water Service Charge After December 31, 2023 Meter Size Inside City Outside City Wholesale 5/8" $6.99 $7.99 $8.81 %x % inch $6.99 $7.99 $8.81 1 inch $10.06 $13.84 $13.84 1 % inch $19.18 $27.40 $27.40 2 inch $26.27 $37.95 $37.95 3 inch $57.29 $79.11 $79.11 4 inch $94.87 1 $115.76 1 $118.99 6 inch $189.73 $218.17 $225.53 8 inch $284.51 $327.19 $352.88 Table B-3 Monthly Water Service Charge After December 31, 2024 Meter Size Inside City Outside City Wholesale 5/8" $7.41 $8.47 $9.34 %x % inch $7.41 $8.47 $9.34 1 inch $10.66 $14.67 $14.67 1 % inch $20.33 $29.04 $29.04 2 inch $27.85 $40.23 $40.23 3 inch $60.73 $83.86 $83.86 4 inch $100.56 1 $122.71 1 $126.13 6 inch $201.11 $231.26 $239.06 8 inch $301.58 $346.82 $374.05 Table B-4 Monthly Water Service Charge After December 31, 2025 Inside Outside Meter Size City City Wholesale 5/8" $7.85 $8.98 $9.90 % x % inch $7.85 $8.98 $9.90 Page 136 of 402 1 inch $11.30 $15.55 $15.55 1 % inch $21.55 $30.78 $30.78 2 inch $29.52 $42.64 $42.64 3 inch $64.37 $88.89 $88.89 4 inch $106.59 1 $130.07 1 $133.70 6 inch $213.18 $245.14 $253.40 8 inch $319.67 $367.63 $396.49 Table B-5 Monthly Water Service Charge After December 31, 2026 Meter Size Inside City Outside City Wholesale 5/8" $8.32 $9.52 $10.49 %x % inch $8.32 $9.52 $10.49 1 inch $11.98 $16.48 $16.48 1 % inch $22.84 $32.63 $32.63 2 inch $31.29 $45.20 $45.20 3 inch $68.23 $94.22 $94.22 4 inch $112.99 1 $137.87 1 $141.72 6 inch $225.97 $259.85 $268.60 8 inch $338.85 $389.69 $420.28 (2) Beginning January 1, 2028, all monthly water service charges shall be increased by 3% per year. (3) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after December 31, 2023. (4) The State of Arkansas mandated Safe Drinking Water Act fee shall be added to the monthly water utility bill. (C) Monthly Standby Fire Protection Service Charge. (1) Charges for unmetered service connections for standby fire protection and fire hydrants shall be based on the incoming line size or the backflow preventer size, whichever is smaller, as set forth in the following table: Monthly Standby Fire Protection Service Charge Line Size or Backflow Preventer Size Inside City Outside City 1 inch $10.34 $12.38 2 inch $10.78 $12.83 2.5 inch $21.55 $24.77 3 inch $32.31 $37.16 4 inch $64.63 $74.32 Page 137 of 402 6 inch $179.50 $209.60 8 inch $376.99 $433.54 10 inch $646.26 $743.18 (2) The Utilities Department shall review the monthly standby fire protection service charges every two (2) years and shall make recommendations to the City Council following such review. Fire protection lines shall not be connected to the water system downstream from a meter. (Code 1965, §21-25; Ord. No. 1165, 4-18-58; Ord. No. 2144, 9-2-75; Ord. No. 2594, 2-5-80; Ord. No. 3197, 7-1-86; Ord. No. 3409, 2-21-89; Ord. No. 3431, 6-6-89; Ord. No. 3491, 7-17-90; Ord. No. 3513, 9-18-90; Ord. No. 3519, 11- 20-90; Ord. No. 4059, §1, 10-7-97; Ord. No. 4223, 2-15-00; Code 1991, §51.136; Ord. No. 4530 12-02-02; Ord. No. 4540, 02-03-04; Ord. No. 5123, 4-1-08; Ord. No. 6169, §1, 4-2-2019) Page 138 of 402 EXHIBIT B 51.137 Monthly Sewer Rates (A) Monthly Sewer Rates. (1) All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: Table D-1 Monthly Sewer Rates Per 1,000 Gallons Before January 1, 2024 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $4.35 Greater than $5.80 2,000 gallons Non -Residential All Usage $4.40 Major Industrial All Usage $4.71 Farmington All Usage $7.52 Outside city All Usage $8.18 Wholesale 85% of metered $5.19 water usage Usage above 85% of $2.71 metered water usage Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2023 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.84 Greater than $5.13 2,000 gallons Non -Residential All Usage $5.36 Major Industrial All Usage $5.82 Farmington All Usage $7.56 Outside city All Usage $7.56 Wholesale 85% of metered $6.26 water usage Usage above 85% of $6.26 metered water usage Table D-3 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2024 Page 139 of 402 Class Usage Rate (In Gallons) Cost per 1,000 gallons Residential First 2,000 gallons $3.96 Greater than 2,000 gallons $5.28 Non -Residential All Usage $5.52 Major Industrial All Usage $5.99 Farmington All Usage $7.79 Outside city All Usage $7.79 Wholesale 85% of metered water usage $6.45 Usage above 85% of metered water usage $6.45 Table D-4 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2025 Class Usage Rate (In Gallons) Cost per 1,000 gallons Residential First 2,000 gallons $4.08 Greater than 2,000 gallons $5.44 Non -Residential All Usage $5.68 Major Industrial All Usage $6.17 Farmington All Usage $8.02 Outside city All Usage $8.02 Wholesale 85% of metered water usage $6.64 Usage above 85% of metered water usage $6.64 Table D-5 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2026 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $4.20 Greater than $5.61 2,000 gallons Non -Residential All Usage $5.85 Major Industrial All Usage $6.36 Farmington All Usage $8.26 Outside city All Usage $8.26 Wholesale 85% of metered $6.84 water usage Usage above 85% of $6.84 metered water usage Page 140 of 402 (2) Beginning January 1, 2028, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland. These fees may be calculated on a per -thousand volumetric usage or a per month basis. (B) Monthly Sewer Service Charge. (1) In addition to the above, each customer shall pay a monthly sewer service charge in accordance with the following schedule: Table E-1 Monthly Sewer Service Charge Prior to January 1, 2024 Meter Size Inside City Outside Cityt Farmingtont 5/8" $18.28 $18.28 $16.74 %x % inch $18.28 $18.28 $16.74 1 inch $23.74 $33.92 $31.28 1% inch $38.77 $60.37 $55.50 2 inch $55.43 $79.73 $73.45 3 inch $128.73 $184.24 $169.29 4 inch $212.13 $303.44 $278.93 6 inch 1 $420.39 1 $601.46 1 $553.70 8 inch 1 $628.73 1 $899.76 1 $826.81 Table E-2 Monthly Sewer Service Charge After December 31, 2023 Meter Size Inside City Outside Cityt Farmingtont 5/8" $18.83 $15.71 $15.71 %x % inch $18.83 $16.01 $16.01 1 inch $24.45 $31.32 $31.32 1% inch $44.81 $63.14 $63.14 2 inch $61.64 $87.88 $87.88 3 inch $132.59 $184.50 $184.50 4 inch $218.49 $270.52 $270.52 6 inch $433.00 $501.48 $501.48 8 inch $647.59 $558.03 $558.03 Table E-3 Monthly Sewer Service Charge After December 31, 2024 Meter Size Inside City Outside Cityt Farmingtont 5/8" $19.39 $16.18 $16.18 %x % inch $19.39 $16.49 $16.49 1 inch $25.19 $32.26 $32.26 1% inch 1 $46.15 1 $65.03 1 $65.03 2 inch 1 $63.48 1 $90.52 1 $90.52 Page 141 of 402 3 inch $136.57 $190.04 $190.04 4 inch $225.05 $278.63 $278.63 6 inch $445.99 $516.52 $516.52 8 inch $667.02 $574.77 $574.77 Table E-4 Monthly Sewer Service Charge After December 31, 2025 Meter Size Inside City Outside Cityt Farmingtont 5/8" $19.98 $16.66 $16.66 %x % inch $19.98 $16.98 $16.98 1 inch $25.94 $33.23 $33.23 1% inch $47.53 $66.98 $66.98 2 inch $65.39 $93.23 $93.23 3 inch $140.67 $195.74 $195.74 4 inch $231.80 $286.99 $286.99 6 inch 1 $459.37 1 $532.02 1 $532.02 8 inch 1 $667.02 1 $592.02 1 $592.02 Table E-5 Monthly Sewer Service Charge After December 31, 2026 Meter Size Inside City Outside Cityt Farmingtont 5/8" $20.57 $17.16 $17.16 %x % inch $20.57 $17.49 $17.49 1 inch $26.72 $34.23 $34.23 1% inch $48.96 $68.99 $68.99 2 inch $67.35 $96.03 $96.03 3 inch $144.89 $201.61 $201.61 4 inch $238.75 $295.60 $295.60 6 inch $473.15 $548.00 $548.00 8 inch $707.64 $609.78 $609.78 tCost of Service Methodology required by contract. (2) Beginning January 1, 2028, all monthly sewer service charges shall be increased by 3% per year. (C) Determination of Sewer Quantity Charge for Residential Customers. (1) In the case of residential customers residing in a single family home, duplex, triplex, and/or fourplex, the average monthly water consumption for the preceding months of December, January, and February shall be computed separately for each customer, and a uniform monthly charge for each customer shall be determined by applying the schedule of rates set out in subsection (A) of this section to such average monthly water consumption. In the case of a residential user for whom a uniform monthly charge has been established and who moves to a new location the same uniform monthly charge shall apply at the new location. In the case of new residential customers, sewer averages shall be established based on the number of individuals residing within the dwelling unit, at a rate of 2,100 Page 142 of 402 gallons per customer per month. This methodology of sewer averaging shall not apply to multi -family structures containing five (5) or more units in a contiguous building. (2) In the case of sewer customers who do not have a water meter provided by a public water utility, the sewer usage volume billed shall be the average volume of all users in the sewer system in like dwellings from the most recent system -wide sewer average calculation. (D) Determination of Charge for Non-residential and Major Industrial Customers. In the case of non-residential and/or major industrial customers, the monthly sewer charge shall be determined by applying the schedule of rates prescribed in subsection (A) of this section to the monthly water usage of such customers. In the event that a non-residential or major industrial customer discharging waste into the city's sanitary sewer system produces evidence to the Water and Wastewater Director demonstrating that a substantial portion of the total amount of water from all sources used for all purposes does not reach the sanitary sewer which is in excess of the factors used in establishing the rates in subsection (A) of this section, an estimated percentage of total water consumption to be used in computing charges may be established by the Water and Wastewater Director. The factors used in establishing said rates are on file in the office of the Water and Wastewater Director and are incorporated herein by reference thereto. Any rate so adjusted by the Water and Wastewater Director shall be effective for a twelve (12) month period beginning with the billing for the month when rates adjudged hereby go into effect. (E) Extra Strength Surcharge. (1) For all significant industrial users as defined in §51.074, whose wastewater discharge is greater than 300 mg/I of BOD Sand/or TSS, the city shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Table F1 Extra Strength Surcharges Prior to January 31, 2024 Prior to 01/01/2024 Extra Strength BOD 5 $0.3148 per pound Extra Strength TSS $0.4483 per pound Table F2 Extra Strength Surcharges After December 31, 2023 After 12/31/2023 Extra Strength BOD 5 $0.5410 per pound Extra Strength TSS $0.6674 per pound Table F3 Extra Strength Surcharges After December 31, 2024 After 12/31/2024 Extra Strength BOD 5 $0.5572 per pound Extra Strength TSS $0.6875 per pound Table F4 Extra Strength Surcharges After December 31, 2025 After 12/31/205 Extra Strength BOD 5 $0.5739 per pound Extra Strength TSS $0.7081 per pound Page 143 of 402 Table FS Extra Strength Surcharges After December 31, 2026 After 12/31/2026 Extra Strength BOD 5 $0.5911 per pound Extra Strength TSS $0.7293 per pound (2) Starting after December 31, 2026, Extra Strength Surcharges shall be increased by 3% per year. (3) Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (4) All sampling and analyses of the wastewater characteristics shall be performed in accordance with U.S. Environmental Protection Agency 40 Code of Federal Regulations Part 136 approved methods. (5) The volume of flow used in computing surcharge shall be based upon metered water consumption as shown in the records of meter readings maintained by the city's business office. In the event that a user discharging waste into the city sanitary sewer system produces evidence to the city demonstrating that a portion of the total amount of water used for all purposes is not discharged into the sanitary sewer, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (6) Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of the user's water supply from sources other than the city, all or part of which is discharged into the sanitary sewer, shall install and maintain at the user's expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meter will be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water measured by the aforesaid meter or meters does not enter the sanitary sewer system of the city, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (7) Computation of extra strength surcharges shall be based on the following formula: (a) Extra strength surcharge: S I = V x 8.34 x [BOD Unit Charge (BOD - 300) + SS Unit Charge (TSS - 300)] (b) Where: S = Surcharge in dollars V = Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD Unit Charge = Unit charge for BOD in dollars per pound BOD = BOD strength in parts per million 300 = Allowed BOD strength in parts per million TSS Unit Charge = Unit charge for suspended solids in dollars per pound TSS = Suspended solids strength in parts per million Page 144 of 402 300 1 = Allowed TSS Strength in parts per million (F) Elkins Sewer Charges. (1) Elkins' payment for wastewater treatment shall be based on 85% of the metered water purchased. The volume of wastewater received by Fayetteville at the "Point of Connection" shall be measured by the installed wastewater meter. Volumes of wastewater below or above the agreed upon percentage (85%) of metered water, as measured by the wastewater meter, shall be recorded on a monthly basis, with a reconciliation of the net difference to occur semiannually in June and December. If the reconciliation volume is over the agreed upon percentage, this amount shall be billed to Elkins in June and December at the actual computed cost of wastewater collection to and treatment at the Noland Wastewater Treatment Plant, not including the calculated rate of return and not including depreciation charges, but including any capacity surcharge, based on the most recent rate as determined in paragraph B of this contract. If the reconciliation volume is below the agreed upon percentage, the actual amount billed for the difference shall be refunded to Elkins in June and December (2) Elkins Impact Fee Charges. The City of Elkins shall pay an additional $0.25 per 1,000 gallons of wastewater, for all wastewater volume charges including both the 85% of metered water volume and for wastewater in excess of the 85% of the metered water purchased billed volume. (G) Hauled Wastewater Fees. (1) Application fee. An application to discharge hauled domestic waste must be accompanied by a fee of $100.00. (2) Discharge fee. A fee of $50.00 must be paid for each hauled domestic waste load discharged. (H) Industrial Wastewater Discharge Permit Fee. (1) Application Fee. An application for an industrial wastewater discharge permit must be accompanied by a fee of $500.00. (Code 1965, §21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197, 7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1-3-89; Ord. No. 3491, 7-17-90; Ord. No. 3637, §§1, 2, 8-18-92; Ord. No. 4059, §2, 10-7-97; Code 1991, §51.137; Ord. No. 4530, 12-02-03; Ord. No. 4803, 12-20-05; Ord. No. 4998, 4-3-07; Ord. No. 5129, 4-15-08; Ord. No. 5438, 9-20-11; Ord. No. 5739, 2-17-15) Page 145 of 402 Received By: Paul Becker 08/07/2023 12:45 P.M City of Fayetteville Staff Review Form 2022-0517 Legistar File ID 6/21/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Becker 6/2/2022 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Approval of the Water and Sewer Rate changes, rescinding and replacing sections 51.136 and 51.137 of the City Code of Ordinances and holding a Public Hearing based on a Rate Study conducted by Black and Veatch recommended by the Fayetteville Water and Sewer Committee. Budget Impact: N/A Water/Sewer Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20210527 Page 146 of 402 WW'A ggp CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 15, 2023 TO: Mayor and City Council FROM: Paul Becker, Chief Financial Officer DATE: August 7,2022 CITY COUNCIL MEMO SUBJECT: Approval of the Water and Sewer Rate changes, rescinding and replacing sections 51.136 and 51.137 of the City Code of Ordinances. RECOMMENDATION: Administration recommends approval of an ordinance changing the water and sewer rates based on a Cost of Service Study conducted by Black and Veatch as presented to the Water and Sewer Committee in open meetings. These recommended rates are reflected in the attached replacement for sections 51.136 and 51.137 of the Fayetteville code of Ordinances. BACKGROUND: Black and Veatch was selected pursuant to RFQ 20-01 by the City Council on August 18,2020 with the approval of Resolution 212-20. The current water and sewer rates were adopted by the City of Fayetteville in 2008 based on a Cost of Service Study reformed by HDR Engineering. As a part of that study an annual 3% inflationary increase for each rate classification was authorized. This was sufficient to fund operations and capital need until now without a full rate study. Rate studies were delayed during the period between for 2008 to 2020 primarily because the City was working on the permitting process for our two plants and the possibility of significant discharge effluent reductions were being considered which would have required very expensive capital expenditures at both plants which would have required dramatic rate increases . Those issues have been resolved at this time and new permits have been issued, however, extensive new capital needs are required at this point in time and operating cost have increased above the revenue increases generated by an annual 3% proportional adjustment. DISCUSSION: State code dictates a schedule of events for any change in water and sewer rates. These require that the rate change ordinance be read, a public hearting be scheduled and announced, the ordinance be published, and the public hearing take place at least ten days after the initial reading and publication of the ordinance. The rate ordinance can then be approved any time after the public hearing .. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 147 of 402 The rate study prepared by Black and Veatch reflects some of the following guidelines: 1. The City has adopted a cost of service rate schedule based on customer class. 2. The City is using a volumetric block system within customer class to encourage conservation 3. New rates reflecting the true cost of service by customer class as determined by the rate study will be implemented as soon as this ordinance takes effect. 4. These rates will begin taking effect January 1 ,2024 and continue pursuant to the approved ordinance through 2027 unless amended prior to the end of 2027. BUDGET/STAFF IMPACT: Adoption of these new rates will provide necessary revenues to address current operating costs and capital needs Attachments: Staff Review form, Staff Memo, Black and Veatch Rate Study Page 148 o?402 51.136 Monthly Water Rates Effective as of the first billing statements issued after December 31, 2023, the following monthly rates shall be fixed as rates to be charged for water furnished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged. All non -emergency water uses shall be billed to the user, to include but not limited to water used for: use within structures; business; manufacturing; irrigation; retail by another water utility; city uses; educational purposes; medical purposes; water system routine non -emergency uses; wastewater system routine non -emergency uses; non-profit uses; fire department non -emergency uses to include training and equipment calibration; construction of new water mains; street cleaning; and wet down of construction sites and materials. Emergency water use that does not pass through a water system meter shall not be billed, including firefighting, water leaks, water leak repair, and emergency water line flushing. The volumes used for these emergency purposes should be estimated and submitted monthly to the Business Office Manager and the Water/Sewer Operations Manager. (A) Monthly Water Rates. (1) The water usage of each customer shall be determined each month by meter measurement and the amount per 1,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. Table A-1 Monthly Water Rates Prior to January 1, 2024 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.51 $4.04 Next 13,000 $4.65 $5.35 Over 15,000 $6.59 $7.54 Non -Residential First 300,000 $3.79 $4.38 Over 300,000 $3.39 $3.90 Major Industrial All Usage $2.96 $3.40 Irrigation First 300,000 $5.04 $5.80 Over 300,000 $4.53 $5.22 Wholesale Reduced Peak Demand $2.87 $2.87 Peak Demand $3.20 $3.20 Table A-2 Monthly Water Rates After December 31, 2023 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.59 $4.54 Next 13,000 $4.75 $6.01 Over 15,000 $6.74 $8.52 Non -Residential First 300,000 $4.20 $5.11 Over 300,000 $4.20 $5.11 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 1 of 13 Page 149 of 402 Major Industrial All Usage $3.14 $3.49 Irrigation First 300,000 $4.75 $5.89 Over 300,000 $4.75 $5.89 Wholesale Reduced Peak Demand $3.30 $3.30 Peak Demand $3.30 $3.30 Table A-3 Monthly Water Rates After December 31, 2024 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.81 $4.81 Next 13,000 $5.04 $6.37 Over 15,000 $7.14 $9.03 Non -Residential First 300,000 $4.45 $5.42 Over 300,000 $4.45 $5.42 Major Industrial All Usage $3.33 $3.70 Irrigation First 300,000 $5.04 $6.24 Over 300,000 $5.04 $6.24 Wholesale Reduced Peak Demand $3.50 $3.50 Peak Demand $3.50 $3.50 Table A-4 Monthly Water Rates After December 31, 2025 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $4.04 $5.10 Next 13,000 $5.34 $6.75 Over 15,000 $7.57 $9.57 Non -Residential First 300,000 $4.72 $5.75 Over 300,000 $4.72 $5.75 Major Industrial All Usage $3.53 $3.92 Irrigation First 300,000 $5.34 $6.61 Over 300,000 $5.34 $6.61 Wholesale Reduced Peak Demand $3.71 $3.71 Peak Demand $3.71 $3.71 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 2 of 13 Page 150 of 402 Table A-5 Monthly Water Rates After December 31, 2026 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $4.28 $5.41 Next 13,000 $5.66 $7.16 Over 15,000 $8.02 $10.14 Non -Residential First 300,000 $5.00 $6.10 Over 300,000 $5.00 $6.10 Major Industrial All Usage $3.74 $4.16 Irrigation First 300,000 $5.66 $7.01 Over 300,000 $5.66 $7.01 Wholesale Reduced Peak Demand $3.93 $3.93 Peak Demand $3.93 $3.93 (2) Beginning January 1, 2028, all monthly water rates shall be increased by 3% per year. (3) All bills under such schedules shall be computed by adding the applicable meter service charge prescribed by subsection (B) to the amount determined to be due for water usage under this schedule. Applicable sales tax and franchise fees shall be added to the bill so computed. (4) When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (5) Water used for flushing and sampling of newly constructed water lines, Fire Department training and equipment calibration, and other similar uses requiring a large volume and/or high velocity of water movement shall employ a fire hydrant meter of the appropriate size for the use. If a fire hydrant meter cannot be used due to high flow or volume requirements, then the volume of water used shall be measured by using a pitot gauge to determine the gallons per minute and by timing the flow of water to be able to calculate total volume. In the cases of fire department training and equipment calibration, sewer line washing, street sweeping, and other uses where the equipment employed has a built-in water meter, these built in water meters may be used. All such meters other than those on fire trucks must be evaluated by the Meter Superintendent. These water uses shall be billed at the same rates as non-residential customers. (6) Monthly wholesale treated water rates outside city limits are based on Cost of Service Methodology. (B) Monthly Water Service Charge. (1) In addition to the above, each customer shall pay a monthly water service charge in accordance with the following schedule: (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 3 of 13 Page 151 of 402 Table B-1 Monthly Water Service Charge Prior to January 1, 2024 Meter Size Inside City Outside City Wholesale 5/8" $6.59 $7.54 $7.54 %x % inch $6.59 $7.54 $7.54 1 inch $9.14 $10.52 $10.52 1 % inch $15.93 $18.31 $18.31 2 inch $23.20 $26.66 $28.56 3 inch $54.05 $62.18 $64.38 4 inch $89.50 1 $102.93 1 $112.25 6 inch $178.99 $205.82 $213.02 8 inch $268.41 $308.67 $319.47 Table B-2 Monthly Water Service Charge After December 31, 2023 Meter Size Inside City Outside City Wholesale 5/8" $6.99 $7.99 $8.81 %x % inch $6.99 $7.99 $8.81 1 inch $10.06 $13.84 $13.84 1 % inch $19.18 $27.40 $27.40 2 inch $26.27 $37.95 $37.95 3 inch $57.29 $79.11 $79.11 4 inch $94.87 $115.76 $118.99 6 inch 1 $189.73 1 $218.17 1 $225.53 8 inch 1 $284.51 1 $327.19 1 $352.88 Table B-3 Monthly Water Service Charge After December 31, 2024 Meter Size Inside City Outside City Wholesale 5/8" $7.41 $8.47 $9.34 %x % inch $7.41 $8.47 $9.34 1 inch $10.66 $14.67 $14.67 1 % inch $20.33 $29.04 $29.04 2 inch $27.85 $40.23 $40.23 3 inch $60.73 $83.86 $83.86 4 inch $100.56 $122.71 $126.13 6 inch 1 $201.11 1 $231.26 1 $239.06 8 inch 1 $301.58 1 $346.82 1 $374.05 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 4 of 13 Page 152 of 402 Table B-4 Monthly Water Service Charge After December 31, 2025 Meter Size Inside City Outside City Wholesale 5/8" $7.85 $8.98 $9.90 % x % inch $7.85 $8.98 $9.90 1 inch $11.30 $15.55 $15.55 1 % inch $21.55 $30.78 $30.78 2 inch $29.52 $42.64 $42.64 3 inch $64.37 $88.89 $88.89 4 inch $106.59 1 $130.07 1 $133.70 6 inch $213.18 $245.14 $253.40 8 inch $319.67 $367.63 $396.49 Table B-5 Monthly Water Service Charge After December 31, 2026 Meter Size Inside City Outside City Wholesale 5/8" $8.32 $9.52 $10.49 %x % inch $8.32 $9.52 $10.49 1 inch $11.98 $16.48 $16.48 1 % inch $22.84 $32.63 $32.63 2 inch $31.29 $45.20 $45.20 3 inch $68.23 $94.22 $94.22 4 inch $112.99 $137.87 $141.72 6 inch 1 $225.97 1 $259.85 1 $268.60 8 inch 1 $338.85 1 $389.69 1 $420.28 (2) Beginning January 1, 2028, all monthly water service charges shall be increased by 3% per year. (3) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after December 31, 2023. (4) The State of Arkansas mandated Safe Drinking Water Act fee shall be added to the monthly water utility bill. (C) Monthly Standby Fire Protection Service Charge. (1) Charges for unmetered service connections for standby fire protection and fire hydrants shall be based on the incoming line size or the backflow preventer size, whichever is smaller, as set forth in the following table: (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 5 of 13 Page 153 of 402 Monthly Standby Fire Protection Service Charge Line Size or Backflow Preventer Size Inside City Outside City 1 inch $10.34 $12.38 2 inch $10.78 $12.83 2.5 inch $21.55 $24.77 3 inch $32.31 $37.16 4 inch $64.63 $74.32 6 inch $179.50 $209.60 8 inch $376.99 $433.54 10 inch $646.26 $743.18 (2) The Utilities Department shall review the monthly standby fire protection service charges every two (2) years and shall make recommendations to the City Council following such review. Fire protection lines shall not be connected to the water system downstream from a meter. (Code 1965, §21-25; Ord. No. 1165, 4-18-58; Ord. No. 2144, 9-2-75; Ord. No. 2594, 2-5-80; Ord. No. 3197, 7-1-86; Ord. No. 3409, 2-21-89; Ord. No. 3431, 6-6-89; Ord. No. 3491, 7-17-90; Ord. No. 3513, 9-18-90; Ord. No. 3519, 11- 20-90; Ord. No. 4059, §1, 10-7-97; Ord. No. 4223, 2-15-00; Code 1991, §51.136; Ord. No. 4530 12-02-02; Ord. No. 4540, 02-03-04; Ord. No. 5123, 4-1-08; Ord. No. 6169, §1, 4-2-2019) 51.137 Monthly Sewer Rates (A) Monthly Sewer Rates. (1) All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: Table D-1 Monthly Sewer Rates Per 1,000 Gallons Before January 1, 2024 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $4.35 Greater than $5.80 2,000 gallons Non -Residential All Usage $4.40 Major Industrial All Usage $4.71 Farmington All Usage $7.52 Outside city All Usage $8.18 Wholesale 85%of metered $5.19 water usage Usage above 85% of $2.71 metered water usage (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 6 of 13 Page 154 of 402 Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2023 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.84 Greater than $5.13 2,000 gallons Non -Residential All Usage $5.36 Major Industrial All Usage $5.82 Farmington All Usage $7.56 Outside city All Usage $7.56 Wholesale 85% of metered $6.26 water usage Usage above 85% of $6.26 metered water usage Table D-3 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2024 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.96 Greater than $5.28 2,000 gallons Non -Residential All Usage $5.52 Major Industrial All Usage $5.99 Farmington All Usage $7.79 Outside city All Usage $7.79 Wholesale 85% of metered $6.45 water usage Usage above 85% of $6.45 metered water usage Table D-4 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2025 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $4.08 Greater than $5.44 2,000 gallons Non -Residential All Usage $5.68 Major Industrial All Usage $6.17 Farmington All Usage $8.02 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 7 of 13 Page 155 of 402 Outside city All Usage $8.02 Wholesale 85% of metered $6.64 water usage Usage above 85% of $6.64 metered water usage Table D-5 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2026 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $4.20 Greater than $5.61 2,000 gallons Non -Residential All Usage $5.85 Major Industrial All Usage $6.36 Farmington All Usage $8.26 Outside city All Usage $8.26 Wholesale 85% of metered $6.84 water usage Usage above 85% of $6.84 metered water usage (2) Beginning January 1, 2028, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland. These fees may be calculated on a per -thousand volumetric usage or a per month basis. (B) Monthly Sewer Service Charge. (1) In addition to the above, each customer shall pay a monthly sewer service charge in accordance with the following schedule: Table E-1 Monthly Sewer Service Charge Prior to January 1, 2024 Meter Size Inside City Outside Cityt Farmingtont 5/8" $18.28 $18.28 $16.74 %x % inch $18.28 $18.28 $16.74 1 inch $23.74 $33.92 $31.28 1% inch $38.77 $60.37 $55.50 2 inch $55.43 $79.73 $73.45 3 inch $128.73 $184.24 $169.29 4 inch $212.13 $303.44 $278.93 6 inch 1 $420.39 1 $601.46 1 $553.70 8 inch 1 $628.73 1 $899.76 1 $826.81 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 8 of 13 Page 156 of 402 Table E-2 Monthly Sewer Service Charge After December 31, 2023 Meter Size Inside City Outside Cityt Farmingtont 5/8" $18.83 $15.71 $15.71 % x % inch $18.83 $16.01 $16.01 1 inch $24.45 $31.32 $31.32 1% inch $44.81 $63.14 $63.14 2 inch $61.64 $87.88 $87.88 3 inch $132.59 $184.50 $184.50 4 inch $218.49 $270.52 $270.52 6 inch 1 $433.00 1 $501.48 1 $501.48 8 inch 1 $647.59 1 $558.03 1 $558.03 Table E-3 Monthly Sewer Service Charge After December 31, 2024 Meter Size Inside City Outside Cityt Farmingtont 5/8" $19.39 $16.18 $16.18 %x % inch $19.39 $16.49 $16.49 1 inch $25.19 $32.26 $32.26 1% inch $46.15 $65.03 $65.03 2 inch $63.48 $90.52 $90.52 3 inch $136.57 $190.04 $190.04 4 inch $225.05 $278.63 $278.63 6 inch $445.99 1 $516.52 1 $516.52 8 inch $667.02 $574.77 $574.77 Table E-4 Monthly Sewer Service Charge After December 31, 2025 Meter Size Inside City Outside Cityt Farmingtont 5/8" $19.98 $16.66 $16.66 %x % inch $19.98 $16.98 $16.98 1 inch $25.94 $33.23 $33.23 1% inch $47.53 $66.98 $66.98 2 inch $65.39 $93.23 $93.23 3 inch $140.67 $195.74 $195.74 4 inch $231.80 $286.99 $286.99 6 inch $459.37 $532.02 $532.02 8 inch $667.02 $592.02 $592.02 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 9 of 13 Page 157 of 402 Table E-5 Monthly Sewer Service Charge After December 31, 2026 Meter Size Inside City Outside Cityt Farmingtont 5/8" $20.57 $17.16 $17.16 %x % inch $20.57 $17.49 $17.49 1 inch $26.72 $34.23 $34.23 1% inch $48.96 $68.99 $68.99 2 inch $67.35 $96.03 $96.03 3 inch $144.89 $201.61 $201.61 4 inch $238.75 $295.60 $295.60 6 inch $473.15 $548.00 $548.00 8 inch $707.64 $609.78 $609.78 tCost of Service Methodology required by contract. (2) Beginning January 1, 2028, all monthly sewer service charges shall be increased by 3% per year. (C) Determination of Sewer Quantity Charge for Residential Customers. (1) In the case of residential customers residing in a single family home, duplex, triplex, and/or fourplex, the average monthly water consumption for the preceding months of December, January, and February shall be computed separately for each customer, and a uniform monthly charge for each customer shall be determined by applying the schedule of rates set out in subsection (A) of this section to such average monthly water consumption. In the case of a residential user for whom a uniform monthly charge has been established and who moves to a new location the same uniform monthly charge shall apply at the new location. In the case of new residential customers, sewer averages shall be established based on the number of individuals residing within the dwelling unit, at a rate of 2,100 gallons per customer per month. This methodology of sewer averaging shall not apply to multi -family structures containing five (5) or more units in a contiguous building. (2) In the case of sewer customers who do not have a water meter provided by a public water utility, the sewer usage volume billed shall be the average volume of all users in the sewer system in like dwellings from the most recent system -wide sewer average calculation. (D) Determination of Charge for Non-residential and Major Industrial Customers. In the case of non-residential and/or major industrial customers, the monthly sewer charge shall be determined by applying the schedule of rates prescribed in subsection (A) of this section to the monthly water usage of such customers. In the event that a non-residential or major industrial customer discharging waste into the city's sanitary sewer system produces evidence to the Water and Wastewater Director demonstrating that a substantial portion of the total amount of water from all sources used for all purposes does not reach the sanitary sewer which is in excess of the factors used in establishing the rates in subsection (A) of this section, an estimated percentage of total water consumption to be used in computing charges may be established by the Water and Wastewater Director. The factors used in establishing said rates are on file in the office of the Water and Wastewater Director and are incorporated herein by reference thereto. Any rate so adjusted by the Water and Wastewater Director shall be effective for a twelve (12) month period beginning with the billing for the month when rates adjudged hereby go into effect. (E) Extra Strength Surcharge. (1) For all significant industrial users as defined in §51.074, whose wastewater discharge is greater than 300 mg/I of BOD Sand/or TSS, the city shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Created: 2022-05-17 11:20:05 [EST] (Supp. No. 25) Page 10 of 13 Page 158 of 402 Table F1 Extra Strength Surcharges Prior to January 31, 2024 Prior to 01/01/2024 Extra Strength BOD 5 $0.3148 per pound Extra Strength TSS $0.4483 per pound Table F2 Extra Strength Surcharges After December 31, 2023 After 12/31/2023 Extra Strength BOD 5 $0.5410 per pound Extra Strength TSS $0.6674 per pound Table F3 Extra Strength Surcharges After December 31, 2024 After 12/31/2024 Extra Strength BOD 5 $0.5572 per pound Extra Strength TSS $0.6875 per pound Table F4 Extra Strength Surcharges After December 31, 2025 After 12/31/205 Extra Strength BOD 5 $0.5739 per pound Extra Strength TSS $0.7081 per pound Table F5 Extra Strength Surcharges After December 31, 2026 After 12/31/2026 Extra Strength BOD 5 $0.5911 per pound Extra Strength TSS $0.7293 per pound (2) Starting after December 31, 2026, Extra Strength Surcharges shall be increased by 3% per year. (3) Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (4) All sampling and analyses of the wastewater characteristics shall be performed in accordance with U.S. Environmental Protection Agency 40 Code of Federal Regulations Part 136 approved methods. (5) The volume of flow used in computing surcharge shall be based upon metered water consumption as shown in the records of meter readings maintained by the city's business office. In the event that a user discharging waste into the city sanitary sewer system produces evidence to the city demonstrating that a portion of the total amount of water used for all purposes is not discharged into the sanitary sewer, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 11 of 13 Page 159 of 402 the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (6) Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of the user's water supply from sources other than the city, all or part of which is discharged into the sanitary sewer, shall install and maintain at the user's expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meter will be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water measured by the aforesaid meter or meters does not enter the sanitary sewer system of the city, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (7) Computation of extra strength surcharges shall be based on the following formula: (a) Extra strength surcharge: S I = V x 8.34 x [BOD Unit Charge (BOD - 300) + SS Unit Charge (TSS - 300)] (b) Where: S = Surcharge in dollars V = Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD Unit Charge = Unit charge for BOD in dollars per pound BOD = BOD strength in parts per million 300 = Allowed BOD strength in parts per million TSS Unit Charge = Unit charge for suspended solids in dollars per pound TSS = Suspended solids strength in parts per million 300 = Allowed TSS Strength in parts per million (F) Elkins Sewer Charges. (1) Elkins' payment for wastewater treatment shall be based on 85% of the metered water purchased. The volume of wastewater received by Fayetteville at the "Point of Connection" shall be measured by the installed wastewater meter. Volumes of wastewater below or above the agreed upon percentage (85%) of metered water, as measured by the wastewater meter, shall be recorded on a monthly basis, with a reconciliation of the net difference to occur semiannually in June and December. If the reconciliation volume is over the agreed upon percentage, this amount shall be billed to Elkins in June and December at the actual computed cost of wastewater collection to and treatment at the Noland Wastewater Treatment Plant, not including the calculated rate of return and not including depreciation charges, but including any capacity surcharge, based on the most recent rate as determined in paragraph B of this contract. If the reconciliation volume is below the agreed upon percentage, the actual amount billed for the difference shall be refunded to Elkins in June and December (2) Elkins Impact Fee Charges. The City of Elkins shall pay an additional $0.25 per 1,000 gallons of wastewater, for all wastewater volume charges including both the 85% of metered water volume and for wastewater in excess of the 85% of the metered water purchased billed volume. (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 12 of 13 Page 160 of 402 (G) Hauled Wastewater Fees. (1) Application fee. An application to discharge hauled domestic waste must be accompanied by a fee of $100.00. (2) Discharge fee. A fee of $50.00 must be paid for each hauled domestic waste load discharged. (H) Industrial Wastewater Discharge Permit Fee. (1) Application Fee. An application for an industrial wastewater discharge permit must be accompanied by a fee of $500.00. (Code 1965, §21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197, 7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1-3-89; Ord. No. 3491, 7-17-90; Ord. No. 3637, §§1, 2, 8-18-92; Ord. No. 4059, §2, 10-7-97; Code 1991, §51.137; Ord. No. 4530, 12-02-03; Ord. No. 4803, 12-20-05; Ord. No. 4998, 4-3-07; Ord. No. 5129, 4-15-08; Ord. No. 5438, 9-20-11; Ord. No. 5739, 2-17-15) (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 13 of 13 Page 161 of 402 CITY OF FAYETTEVILLE. ARKANSAS Notice of Public Hearing on Proposed Water and Sewer Rate Changes City Council Agenda Session: Tuesday, June 14, 2022 at 4:30 PM City Council Meeting: Tuesday, June 21, 2022 at 5:30 PM City of Fayetteville Administration Building, City Hall 113 W. Mountain — Room 219 or via Zoom link at www.favetteville-ar.gov The City of Fayetteville AR, on the dates and times mentioned above, will hold a public hearing as part of the City Council Agenda Session and City Council Meeting with Fayetteville City Council prior to the adoption of the 2023 water and sewer rate increases. The public can attend in person or remotely via the link on the City's website, www.fayetteville- ar.gov. If adopted, the proposed new rates would take effect on or after January 01, 2023, with 3% increases annually thereafter. All property owners/tenants and other interested parties are invited to attend the public hearing and be heard on the matter. A water and sewer cost of service study was conducted by Black & Veatch pursuant to Fayetteville City Council Resolution 212-20 to perform a cost analysis to determine if costs allocations are fair and equitable among customer classes, to review the existing rate structure and design proposed rates that provide adequate revenues. The proposed water and sewer rate changes below are necessary for the City of Fayetteville to continue to provide safe and reliable water and sewer services to its citizens because extensive new capital needs are required at this point in time and operating costs have increased above the revenue increases generated by the current annual 3% proportional adjustment. 113 Page 162 of 402 PROPOSED WATER RATE CHANGES - ON OR AFTER 11112023 FIXED BASE A•GE $/MONTH Meter SizeEXISTING 5/8" 3/4" WATER INSIDE CITY WATER OUTSIDE PROPOSED CHANGE EXISTING PROPOSED 6.59 6.59 0.0% 7.54 7.54 7.54 7.54 0.0% 0.0% 6.59 6.59 0.0% 1" 9.14 9.14 0.0% 10.52 12.26 16.5% 1.5" 15.93 15.93 0.0% 18.31 24.22 32.3% 2" 23.20 23.20 0.0% 26.66 33.52 25.7% 3" 54.05 54.05 0.0% 62.18 69.84 12.3% 4" 89.50 89.50 0.0% 102.93 102.93 0.0% 6" 178.99 178.99 0.0% 205.82 205.82 0.0% 8" • 000 GALLONS Residential First 2,000 gallons 268.41 268.41 0.0% 308.67 308.67 0.0% AVG 0.0% 3.51 3.30 -6.0% AVG 4.04 4.47 9.7% 10.6% Next 13,000 gallons 4.64 4.37 -5.8% 5.34 5.91 10.7% All over 15,000 gallons 6.59 6.20 -5.9% 7.54 8.38 11.1% on- esi entia First 300,000 gallons 3.79 AVG 3.93 -5.9% 3.7% 4.38 AVG 5.05 10.8% 15.3% All over 300,000 gallons 3.38 3.93 16.3% 3.90 5.05 29.5% All Usage First 300,000 gallons 2.96 5.04 AVG 3.14 4.29 10.0% 6.1% -14.9% 3.20 5.80 AVG 3.49 5.43 22.4% 9.1% -6.4% All over 300,000 gallons 4.53 4.29 -5.3% 5.22 5.43 4.0% Reduced Peak Demand AVG -10.1% 2.87 AVG 3.16 -1.2% 10.1% Peak Demand 3.20 3.16 -1.3% AVG 4.4% *Beginning January 1, 2024, all monthly water rates shall be increased by 3% per year Pagf 213 Page 163 of 402 PROPOSED SEWER RATE CHANGES - ON OR AFTER 11112023 FIXED BASE CHARGE $/MONTH Meter SizeEXISTING 5/8" 3/4" SEWER 18.28 INSIDESEWER PROPOSEDPROPOSED 18.28 0.0% 18.28 OUTSIDE 18.28 0.0% 16.74 PROPOSED 25.10 49.9% 18.28 18.28 0.0% 18.28 18.28 0.0% 16.74 25.10 49.9% V. 23.74 23.74 0.0% 33.92 33.92 0.0% 31.28 52.62 68.2% 1.5" 38.77 38.77 0.0% 60.37 66.73 10.5% 55.50 109.78 97.8% 2" 55.43 55.43 0.0% 79.73 93.11 16.8% 73.45 154.24 110.0% 3" 128.73 128.73 0.0% 184.24 196.10 6.4% 169.29 327.83 93.6% 4" 212.13 212.13 0.0% 303.44 303.44 0.0% 278.93 482.37 72.9% 6" 8" • 000 GALLONS ,37dent First 2,000 Gallons All over 2,000 Gallons 420.39 420.39 0.0% 601.46 601.46 0.0% 553.70 897.30 62.1% 628.73 628.73 0.0% 899.76 899.76 0.0% 826.81 998.92 20.8% AVG 0.0% 4.35 3.39 -22.1% AVG 3.8% 8.18 8.55 4.5% AVG 7.52 8.27 69.5% 10.0% 5.80 4.52 -22.1% 8.18 8.55 4.5% 7.52 8.27 10.0% AVG -22.1% AVG 4.5% AVG 10.0% on- esi en is All Usage Major Industrial All Usage 4.40 5.10 15.9% 8.18 8.55 4.5% 7.52 8.27 10.0% 4.71 5.71 21.2% 8.18 8.55 4.5% 7.52 8.27 10.0% Reduced Peak Demand 5.19 7.20 38.7% Peak Demand 2.71 7.20 165.7% AVG 102.2% *Beginning January 1, 2024, all monthly sewer rates shall be increased by 3% per year For more information or questions about the proposed water and sewer rate changes, contact the City of Fayetteville, Utilities Financial Services Division at (479) 575-8224 or visit the City's website for at www.fayetteville-ar.gov. P a g c 313 Page 164 of 402 Revised Draft 06/08/2022 Final Draft WATER AND WASTEWATER COMPREHENSIVE RATE STUDY B&V PROJECT NO. 406577 PREPARED FOR City of Fayetteville, Arkansas 8 JUNE 2022 aBLACK&VEATCH Page 165 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table of Contents 1.0 Executive Summary..........................................................................................................ES 1-0 1.1 Summary of Findings.................................................................................................. ES 1-0 1.1.1 Revenue Under Existing Rates.................................................................... ES 1-0 1.1.2 Revenue Requirements............................................................................... ES 1-1 1.1.3 Summary of Cash Flow Results................................................................... ES 1-2 1.1.4 Cost of Service Analysis............................................................................... ES 1-2 1.2 Proposed Rate Adjustments....................................................................................... ES 1-3 1.3 Disclaimer................................................................................................................... ES 1-4 2.0 Introduction......................................................................................................................... 2-0 2.1 Purpose............................................................................................................................2-0 2.2 Scope................................................................................................................................2-0 2.3 Study Methodology......................................................................................................... 2-1 2.3.1 Financial Plan....................................................................................................2-1 2.3.2 Cost of Service.................................................................................................. 2-1 2.3.3 Rate Design....................................................................................................... 2-2 3.0 Rate Structure Overview....................................................................................................... 3-0 3.1 Fixed Charge.....................................................................................................................3-0 3.2 Volumetric (Usage) Charge..............................................................................................3-0 3.3 Existing Rate Structure.....................................................................................................3-0 3.3.1 Water Rate Structure....................................................................................... 3-0 3.3.2 Wastewater Rate Structure..............................................................................3-1 4.0 Water Utility......................................................................................................................... 4-1 4.1 Water Revenue Projections Under Existing Rates...........................................................4-1 4.1.1 Water Revenue Under Existing Rates..............................................................4-1 4.1.2 Projection of Service Revenue Under Existing Rates.......................................4-3 4.1.3 Other Water Revenue...................................................................................... 4-3 4.2 Water Capital Improvements Program............................................................................4-4 4.3 Water Revenue Requirements........................................................................................4-4 4.3.1 Water Operation and Maintenance Expenses.................................................4-4 4.3.2 Water Bad Debt................................................................................................4-5 4.3.3 Water Payment In Lieu of Taxes......................................................................4-5 4.3.4 Safe Drinking Water Fee Reimbursement........................................................4-5 4.3.5 Water Debt Service Requirements...................................................................4-6 4.3.6 Transfer to Shop Fund......................................................................................4-6 4.3.7 Transfer to Operating Reserve.........................................................................4-6 4.3.8 Water Cash Financed Capital...........................................................................4-6 4.3.9 Transfer to Capital Reserve..............................................................................4-6 4.4 Water Proposed Revenue Adjustments..........................................................................4-6 BLACK & VEATCH I Table of Contents Page 166 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 4.5 Water Cost of Service...................................................................................................... 4-8 4.5.1 Determination of Cost of Service.....................................................................4-8 4.5.2 Determination of Functional Costs..................................................................4-9 4.5.3 Allocation of Costs to the Functional Cost Components...............................4-10 4.5.4 Distribution of Water Utility Costs to Customer Classes...............................4-11 5.0 Water Rate Design.............................................................................................................. 5-14 5.1 Existing Water Rates...................................................................................................... 5-14 5.2 Proposed Water Rates................................................................................................... 5-14 6.0 Wastewater Utility............................................................................................................... 6-1 6.1 Wastewater Revenue Projections Under Existing Rates.................................................6-1 6.1.1 Wastewater Revenue Under Existing Rates.....................................................6-1 6.1.2 Projection of Service Revenue Under Existing Rates ....................................... 6-3 6.1.3 Other Wastewater Revenue.............................................................................6-3 6.2 Wastewater Capital Improvements Program..................................................................6-4 6.3 Wastewater Utility Revenue Requirements.................................................................... 6-4 6.3.1 Wastewater Operation and Maintenance Expenses.......................................6-4 6.3.2 Wastewater Bad Debt......................................................................................6-5 6.3.3 Wastewater Payment In Lieu of Taxes............................................................. 6-5 6.3.4 Wastewater Debt Service Requirements.........................................................6-6 6.3.5 Transfer to Shop Fund......................................................................................6-6 6.3.6 Transfer to Operating Reserve.........................................................................6-6 6.3.7 Wastewater Cash Financed Capital..................................................................6-6 6.3.8 Transfer to Capital Reserve..............................................................................6-6 6.4 Wastewater Proposed Revenue Adjustments.................................................................6-6 6.5 Wastewater Cost of Service.............................................................................................6-8 6.5.1 Determination of Cost of Service..................................................................... 6-8 6.5.2 Determination of Functional Costs..................................................................6-9 6.5.3 Allocation of Costs to the Functional Cost Components.................................6-9 6.5.4 Distribution of Wastewater Utility Costs to Customer Classes ......................6-11 6.5.5 Wastewater Utility Customer Class Costs of Service.....................................6-12 7.0 Wastewater Rate Design.................................................................................................... 7-14 7.1 Existing Wastewater Rates............................................................................................7-14 7.2 Proposed Wastewater Rates.........................................................................................7-14 8.0 Combined Water and Wastewater Utilities......................................................................... 8-15 9.0 Disclaimer.......................................................................................................................... 9-16 10.0 Appendix 1: Water Tables................................................................................................... 10-1 11.0 Appendix 2: Wastewater Tables......................................................................................... 11-1 BLACK & VEATCH I Table of Contents w Page 167 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study LIST OF EXECUTIVE SUMMARY TABLES Table ES - 1—Water 2023 Cost of Service..................................................................................................1-2 Table ES - 2 —Wastewater 2023 Cost of Service........................................................................................1-3 LIST OF FIGURES Figure 4-1 - Historical and Projected Water Accounts...............................................................................4-2 Figure 4-2 - Historical and Projected Water Billed Volume.......................................................................4-3 Figure 4-3 - Historical and Projected Water Service Revenue...................................................................4-3 Figure 4-4 - Projected Annual Water O&M Expenses................................................................................4-5 Figure 4-5 - Water Revenues and Revenue Requirements........................................................................4-7 Figure 6-1 - Historical and Projected Wastewater Accounts.....................................................................6-2 Figure 6-2 - Historical and Projected Wastewater Billed Volume.............................................................6-3 Figure 6-3 - Historical and Projected Wastewater Service Revenue.........................................................6-3 Figure 6-4 - Projected Annual Water O&M Expense................................................................................. 6-5 Figure 6-5 - Wastewater Revenues and Revenue Requirements..............................................................6-7 LIST OF WATER TABLES Table W - 1 - Water Projected Number of Accounts...............................................................................10-1 Table W - 2 - Water Projected Billed Volume (1,000 Gallons).................................................................10-2 Table W - 3 - Water Existing Rates...........................................................................................................10-3 Table W - 4 - Water Projected Revenues Under Existing Rates...............................................................10-4 Table W - 5 - Water Projected Other Revenues.......................................................................................10-4 Table W - 6 - Water Capital Improvement Program................................................................................10-5 Table W - 7 - Water Projected O&M Expenses........................................................................................10-5 Table W - 8 - Capital Program Financing..................................................................................................10-6 Table W - 9 - Water Operating Cash Flow................................................................................................10-7 Table W - 10 - Water Fund Balances........................................................................................................10-8 Table W - 11 - Water 2023 Cost of Service..............................................................................................10-9 Table W - 12 - Water 2023 Allocation of Net Plant Investment to Functional Cost Components ........10-10 Table W - 13 - Water 2023 Allocation of Net Annual Depreciation to Functional Cost Components.................................................................................................................10-10 Table W - 14 - Water 2023 Allocation of O&M Expenses to Functional Cost Components ..................10-10 Table W - 15 - Water 2023 Estimated Units of Service..........................................................................10-11 Table W - 16 - Water 2023 Unit Cost of Service....................................................................................10-12 Table W - 17 - Water 2023 Cost of Service by Customer Class..............................................................10-13 Table W - 18 - Water Proposed 2023 Rates...........................................................................................10-14 Table W - 19 - Water 2023 Cost of Service Under Proposed Rates.......................................................10-15 Table W - 20 - Water 2023 Bill Impact...................................................................................................10-16 BLACK & VEATCH I Table of Contents iii Page 168 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study LIST OF WASTEWATER TABLES Table S - 1 - Wastewater Projected Accounts..........................................................................................11-1 Table S - 2 - Wastewater Projected Billed Volume (1,000 Gallons).........................................................11-1 Table S - 3 - Wastewater Existing Charges...............................................................................................11-2 Table S - 4 - Wastewater Projected Revenues at Existing Rates..............................................................11-3 Table S - 5 - Wastewater Projected Other Revenues...............................................................................11-3 Table S - 6 - Wastewater Capital Improvement Program........................................................................11-4 Table S - 7 - Wastewater Projected O&M Expenses................................................................................11-4 Table S - 8 - Wastewater Cash Financed Capital......................................................................................11-5 Table S - 9 - Wastewater Operating Cash Flow........................................................................................11-5 Table S - 10 - Wastewater Projected Fund Balances...............................................................................11-6 Table S - 11 - Wastewater 2023 Cost of Service......................................................................................11-6 Table S - 12 - Wastewater 2023 Allocation of Net Plant Investment......................................................11-7 Table S - 13 - Wastewater 2023 Allocation of Depreciation....................................................................11-7 Table S - 14 - Wastewater 2023 Allocation of O&M Expenses................................................................11-8 Table S - 15 - Wastewater 2023 Units of Service.....................................................................................11-9 Table S - 16 - Wastewater 2023 Unit Cost of Service............................................................................11-10 Table S - 17 - Wastewater 2023 Cost of Service by Customer Class......................................................11-10 Table S - 18 - Wastewater Proposed 2023 Charges...............................................................................11-11 Table S - 19 - Wastewater 2023 Cost of Service Under Proposed Rates...............................................11-12 Table S - 20 - Wastewater 2023 Bill Impact...........................................................................................11-12 LIST OF COMBINED TABLES Table C - 1- Combined Projected Fund Balances .. Table C - 2 - Combined Operating Cash Flow......... Table C - 3 - Combined 2022 Bill Impact ................ 12-1 12-2 12-3 BLACK & VEATCH I Table of Contents Page 169 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 1.0 Executive Summary The City of Fayetteville (City) provides water and wastewater services to retail and wholesale customers. The Water and Wastewater fund is an Enterprise Fund, which is funded by the operating and capital revenues from the users of the system. Due to multiple factors including increasing operating costs, significant capital investments to meet regulatory requirements, and the need for infrastructure rehabilitation and replacement, revenues under existing rates are not adequate to meet the annual revenue requirements. Therefore, to maintain financial sufficiency and to assure equitable cost recovery, the City engaged Black & Veatch Management Consulting, LLC (Black & Veatch) to perform a Water and Wastewater Comprehensive Rate Study (Study). The primary objectives of the Study are to develop a balanced financial plan, determine cost of service allocations for each customer class and design rates to recover costs from customer classes in reasonable accord with the allocated costs of service. The financial plan was developed for the six -year period of 2021 through 2026, also referred to as the study period or the forecast period. The city's fiscal year is a calendar year, starting on January 1 and ending on December 31. As a result of our evaluations and analyses, the following summary of findings and recommendations are offered for the City's consideration. 1.1 Summary of Findings 1.1.1 Revenue Under Existing Rates 1. The City provides retail water services to approximately 40,800 customers inside the City and about 7,000 customers outside the City. The number of retail water service customers inside the City is projected to increase to about 44,800 by 2026 and the number of outside City water customers is projected to increase to about 8,000. The City also provides treated water to four wholesale customers. Retail wastewater collection and treatment service is provided to approximately 36,900 customers inside the City and about 2,600 customers outside the City. The number of inside City wastewater service customers is projected to increase to about 40,600 by 2026 and the number of outside City wastewater service customers is projected to increase to about 2,700. 2. Treated water sales to inside City retail customers are projected to increase from approximately 3,146,800 1,000 gallons (kgals) in 2021 to approximately 3,388,000 kgals by 2026. Treated water sales to outside City retail customers are projected to increase from approximately 507,600 kgals in 2021 to approximately 519,400 kgals by 2026. Treated water sales to wholesale customers is projected to be approximately 219,100 kgals in 2021 and decrease to 202,300 kgals in 2022 and remain at that level through 2026. Billed wastewater volume from inside City retail customers is projected to increase from approximately 2,806,700 kgals in 2021 to approximately 2,961,800 kgals by 2026. Billed wastewater volume from outside City retail customers is projected to increase from 109,800 kgals in 2021 to about 117,400 kgals by 2026. Billed wastewater volume from wholesale customers is projected to increase from 81,000 kgals in 2021 to 126,600 kgals in 2026 due to the addition of West Fork as a wholesale wastewater customer starting December 2020. The annual wholesale wastewater volume is projected to remain at the 2021 level through 2026. BLACK & VEATCH I Executive Summary ES-1-0 Page 170 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study The City's current water rates became effective January 1, 2022. For both retail and wholesale customers, the water rates include a monthly base charge, which varies by meter size and a volume charge that varies by customer class. The existing schedule of rates for wastewater service became effective on January 1, 2022. For retail customers, the wastewater rates include a monthly base charge, which varies by meter size. The volume charge varies by customer class. Surcharge rates are based on excess strength of Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS). The existing wastewater rate structure is described in Section 3.3.2. 4. Revenue is currently derived principally from charges for treated water and wastewater service, with some revenue also obtained fire protection charges and other miscellaneous sources. Revenue from treated water sales, under existing rates, is projected to increase from $21,186,400 in 2021 to about $22,986,800 in 2026, reflecting a 5-year cumulative increase of 8%. Miscellaneous water revenues are estimated to increase from $1,484,700 in 2021 to approximately $1,608,600 in 2026, reflecting a 5-year cumulative increase of 8%. Revenue for wastewater collection and treatment services is projected to increase from $24,461,900 in 2021 to about $26,697,600 in 2026, under existing rates, reflecting a 5-year cumulative increase of 9%. Miscellaneous wastewater revenue is estimated at $1,297,100 in 2021 and $1,420,200 per year through 2022 to 2026, reflecting a 5-year cumulative increase of 9%. 1.1.2 Revenue Requirements 1. Costs of service to be recovered from water and wastewater service charges include (1) operation and maintenance (O&M) expenses; (2) bad debt; (3) Payment In Lieu of Taxes; (4) Safe Drinking Water Fee Reimbursement; (5) debt service (consisting of principal and interest payments); (6) transfer to shop fund; (7) transfer to operating reserve; (8) cash financed capital; and (9) transfer to capital reserve. The water and wastewater utilities do not have any outstanding debt service. There are no future debt issuances are planned over the study period and no transfers to the shop fund over the study period. 2. The annual O&M expense includes the cost of labor, materials, power, chemicals, purchased water, contract services and other expenses associated with each utility's operation. In this study, FY 2021 is defined as the base budget year, based on which the O&M costs are projected for the forecast period. O&M expense for the water utility is projected to increase from $15,949,600 in 2021 to $18,739,400 by 2026 due to the combined effects of inflation and system growth. O&M expense for the wastewater utility is projected to increase from $15,674,800 in 2021 to $18,395,700 by 2026 due to the combined effects of inflation and system growth. Bad debt expenses refer to outstanding balances from customers that are deemed uncollectible. The water and wastewater bad debt in 2019 was 0.5% of revenue. Bad debt projections for the study period assume 0.5% of annual revenues. Annual bad debt expenses for water utility is projected to increase from $105,900 in 2021 to $129,000 by 2026. Annual bad debt expenses for wastewater utility is projected to increase from $122,300 in 2021 to $149,900 by 2026. 4. The Payment In Lieu of Taxes (PILOT) are paid by public utilities to municipal entity as a compensation for utilization of streets, easements, right of ways or other public places. The PILOT amount is determined per City Ordinance 4449 that requires the water and wastewater funds to pay 4.25% of annual total gross sales revenues to the City. Annual PILOT amount for the water utility is anticipated to increase from $900,400 in 2021 to $1,096,900 in 2026. Annual BLACK & VEATCH I Executive Summary ES-1-1 Page 171 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study PILOT amount for the wastewater utility is projected to increase from $1,039,600 in 2021 to $1,274,000 in 2026. The Safe Drinking Water Fee (SDWF) revenue collected for each metered customer is reimbursed to the state of Arkansas Department of Public Health. The SDWF reimbursement is projected to increase from $230,000 in 2021 to $250,200 in 2026. The SDWF is a pass -through fee and is treated as a "revenue reduction" by the City. 6. The City maintains an operating reserve balance equivalent of ninety (90) days of following years' O&M budget. The transfer to operating reserve for the water utility is projected to increase from $133,000 in 2022 to $151,800 in 2026. The transfer to operating reserve for wastewater is projected to increase from $129,600 in 2022 to $147,900 in 2026. 7. The City currently utilizes the following two sources of funding for the water and wastewater utility capital projects (1): transfer from operating revenues and (2) transfer from the impact fee fund. A capital project meets the requirements of using impact fees if the existing water or wastewater capacity is expanded due to growth. The wastewater capital improvement program for the study period is $69 million, of which $67 million is projected to be funded from operating revenues and $2 million is from the impact fee fund. 1.1.3 Summary of Cash Flow Results 1. The cash flow analysis performed based on the projected annual revenues under existing rates and the projected annual revenue requirements indicates a funding gap for both utilities beginning in 2021. Therefore, a series of 3% annual revenue adjustment is needed in both the water and wastewater utilities to achieve the goal of the operating fund revenues being self-sufficient and adequate to cover all of the O&M expenses, cash financing of the capital program, required transfers, and to maintain the minimum reserve requirements. Table W - 9, in Appendix 1 presents the cash flow analysis and the proposed series of revenue increases for the water utility, and Table S - 9, in Appendix 2 presents the same for the wastewater utility. 1.1.4 Cost of Service Analysis 1. The revenue requirements less any revenues from other sources provides the "net" annual operating fund revenue requirements (also referred to as "cost of service") that needs to be recovered through user rates and charges. A summary of the projected annual cost of service for 2023 is shown for water and wastewater in tables ES-1 and ES-2, respectively. Table ES - 1—Water 2023 Cost of Service O&M Expenses Depreciation Return 4 Net Cost of Service 17,791,700 2,820,100 1,476,000 17,791,700 4,296,100 17,791,700 2,820,100 1,476,000 22, 087, 800 BLACK & VEATCH I Executive Summary ES-1-2 Page 172 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table ES - 2 —Wastewater 2023 Cost of Service 1 O&M Expenses 171346,000 17,346,000 2 Depreciation 8,259,600 8,259,600 3 Return 132,600 132,600 4 Net Cost of Service 17,346,000 8,392,200 25,738,200 2. As a basis for design of a schedule of water and wastewater rates, the costs of service are allocated to the classes of customers in accordance with respective service requirements of each customer class. The resulting costs of service allocated to customer classes are summarized in Table W - 17 for water and Table S - 17 for wastewater. 1.2 Proposed Recommendations Based on the financial planning and cost of service analysis performed for the study period, the Black & Veatch team proffers the following series of recommendations: 1. Implement a series of 3% annual revenue increase from 2024 to 2026 for both water and wastewater utilities. 2. Implement cost of service -based rates for water and wastewater utilities in 2023. 3. Transition the existing monthly Base charge to the proposed Base Charge, derived based on cost of service, if cost of service based proposed Base Charge is greater than the existing Base charge. 4. Eliminate the minimum volume charge billing of 1,000 gallons from the volumetric portion of the rate structure. 5. Continue with the existing tier block structure for customer classes that have an inclining block (residential) or a uniform block (industrial) for the volumetric rate structure. 6. Change to uniform block for customers that currently have a declining block (non-residential and irrigation) volumetric rate structure. The aforementioned recommendations enable the water and wastewater utilities to meet all its financial obligations, so that the City can continue to provide reliable service to serve the needs of existing and future customers. BLACK & VEATCH I Executive Summary ES-1-3 Page 173 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 1.3 Disclaimer This report was prepared for the City of Fayetteville (Client) by Black & Veatch Management Consulting, LLC (Black & Veatch) and is based on information provided by the Client not within the control of Black & Veatch. While it is believed that the information, data and opinions contained herein will be reliable under the conditions and subject to the limitations set forth in this report, Black & Veatch does not guarantee the accuracy thereof. Black & Veatch has assumed that the information provided by others, both verbal and written, is complete and correct. The projections set forth in this report are intended as "forward -looking statements." In formulating these projections, Black & Veatch has made certain assumptions with respect to conditions, events, and circumstances that may occur in the future. While Black & Veatch believes the assumptions are reasonable actual results may differ materially from those projected, as influenced by the conditions, events, and circumstances that occur. As such, Black & Veatch does not take responsibility for the accuracy of data or projections provided by or prepared on behalf of the Client, nor does Black & Veatch have any responsibility for updating this report for events occurring after the date of this report. Use of this report or any information contained therein by any party other than the Client, shall constitute a waiver and release by such third party of Black & Veatch from and against all claims and liability, including but not limited to liability for special, incidental, indirect or consequential damages in connection with such use. Such use of this report by a third party shall constitute agreement by the third party user that its rights, if any, arising from this report shall be subject to the terms of this Report Limitations, and in no event shall the third party's rights, if any, exceed those of the Client under its contract with B&V. The benefit of such releases, waivers, or limitations of liability shall extend to the related companies and subcontractors of any tier of B&V, and the shareholders, directors, officers, partners, employees, and agents of all released or indemnified parties. BLACK & VEATCH I Executive Summary ES-1-4 Page 174 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 2.0 Introduction The City of Fayetteville water utility provides treated water and water distribution services to approximately 40,800 customers within the corporate limits of Fayetteville, and to approximately 7,000 customers in areas contiguous to, but outside of the City's corporate limits. The wastewater utility provides retail wastewater collection and treatment service to approximately 37,000 customers within the corporate city limits and to approximately 2,600 customers outside of the City's corporate limits. The City also provides treated water to four wholesale customers and wastewater treatment to two wholesale customers. In providing water and wastewater service, the City incurs considerable expense related to the ongoing operating and capital needs of the utilities. These operating and capital expenditures tend to increase annually due to the combined effects of inflation and the need to repair, replace, or extend existing service facilities to meet customer service requirements, as well as to meet more stringent state and federal water quality requirements and EPA requirements. The City of Fayetteville, recognizing the importance of financial planning and cost of service analysis to equitably recover the increasing costs to replace, renew, expand, improve, and operate its water and wastewater service facilities, retained Black & Veatch to perform this comprehensive study of revenue requirements, cost of service, and rates for potable water service and wastewater service. 2.1 Purpose This report examines the respective projected revenue and rate requirements of the water and wastewater systems of the City. The purpose of this report is (1) to project the future revenues of the water and wastewater utilities under existing rates and charges, as well as the operating expenses and capital financing revenue requirements of the two utilities, and to examine the adequacy of projected revenues to meet these revenue requirements through calendar year 2026; (2) to allocate these revenue requirements, or costs of service, for a representative test year to the various customer classes in accordance with the respective service requirements that each class places on the systems; and (3) to develop a suitable schedule of water and wastewater rates that will produce revenues adequate to meet the financial needs of the utility on a basis that recognizes customer costs of service, existing wholesale service agreements and practical bill impact considerations. 2.2 Scope This report presents the results of a comprehensive study of the projected revenue and revenue requirements, costs of service allocations, and proposed rates for treated water and wastewater service. Revenue and revenue requirements are projected for the five calendar years from 2022 through 2026, recognizing anticipated growth in number of customers, water use, and wastewater flows throughout the service area. The study of revenue requirements recognizes projected operation and maintenance expense, capital improvement requirements met from revenues, principal and interest payments on outstanding and proposed bond issues, and reserve fund requirements. Requirements of existing revenue bond indentures are also recognized. Costs of treated water and wastewater service are developed for each group of customers and type of service based on consideration of utility revenue needs and projected customer service requirements. Rate adjustments are designed for retail and wholesale customers in accordance with allocated costs of service, wholesale service agreement terms, and customer bill impact considerations. BLACK & VEATCH I Introduction 2-0 Page 175 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 2.3 Study Methodology The development of user rates and charges requires the integration of three critical components: (i) financial plan; (ii) cost of service allocations; and (iii) rate design. 2.3.1 Financial Plan The development and update of a financial plan is necessary to continue to focus on financial discipline, build financial stability, and maintain sustainable financial planning Financial Planning practices. The financial planning process helps to establish a financial roadmap to meet all of the water and wastewater utility's obligations. As illustrated in Figure 2 - 1, the key components of a financial plan are: (i) projection of revenues from user rates and other sources; (ii) development of a capital financing plan to decide the mix of debt and cash funding of capital program; (iii) projection of revenue requirements (O&M and capital costs, and target reserves); and (iv) determination of the level and timing of revenue adjustments needed to maintain financial viability. The annual revenue requirements are typically developed on a cash - needs basis for public utility rate setting. The revenue requirements, under the cash -needs basis approach, include the following: Project Revenues Project Revenue Review CPro-Forma Requirements 1 Scenario Planning Develop Capital % Rev Financing Plan Adjustments Figure 2 - 1: Financial Plan O&M expenditures; Debt service expenses; Cash financing of capital program; Contributions to operating reserves; and Other obligations such as payments and transfers for specific purposes. To establish financial stability, a financial plan is typically prepared for a multi -year period. A six -year financial plan was developed for the water and wastewater utility to achieve the financial objectives and target metrics defined to build and sustain financial integrity. 2022 through 2026 is the forecast period for both revenues and revenue requirement projections. The revenue adjustments represent the level of annual revenue increases necessary to meet the annual net revenue requirements. 2.3.2 Cost of Service Cost of service can be described as the revenue that the water and wastewater utility need to generate, net of funding from other miscellaneous sources of revenues. Therefore, Cost of Service is essentially the "net revenue requirement" that is to be recovered through user rates and charges. As illustrated in Figure 2 - 2, Cost of Cost of Service Analysis Allocate Costs Develop Units Unit Costs of Service Distribute Allocated Costs Based on Service Requirements Figure 2 - 2: Cost of Service service analysis enables an equitable apportioning of the net annual revenue requirements (also referred to as cost of service) to the various cost components and customer BLACK & VEATCH I Introduction 2-1 Page 176 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study classes. The level and types of allocation performed depend on the existing and anticipated rate structure. As municipal utilities are public utilities that cannot make a profit, the equitable allocation of costs is a critical step that is necessary to establish a reasonable nexus between costs incurred in providing service and the fees charged from customers, and to establish defensible user rates and charges. 2.3.3 Rate Design The third and final component is an evaluation of the existing rate structure components and the development of proposed user rates and charges. The user rates and charge schedules typically include fixed charge, volumetric charge, and other special charge rate components. As illustrated in Figure 2 - 3, the rates and charges are designed to recover the annual cost of service allocated to these different rate components and based on local policy and practical considerations. The study methodology described above and used in the financial planning, cost of service and rate design analysis reflect the application of industry accepted rate setting approaches that are provided in the following two guidance manuals: American Water Works Association (AWWA) Manual M-1: Principles of Water Rates, Fees, and Charges for water rate setting; and Rate Design Review Develop COS Rates Scenario 1 Planning Develop Practical Rates Proposed Rates ---------------------------------- Figure 2 - 3: Rate Design Water Environment Foundation (WEF) Financing and Charges for Wastewater Systems for wastewater. BLACK & VEATCH I Introduction 2-2 Page 177 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 3.0 Rate Structure Overview The revenue requirements of a water and wastewater utility, net of any miscellaneous sources of revenues, are recovered from user rates and charges. A water rate structure usually consists of two primary components, namely, a fixed charge and a volumetric charge. Similarly, a wastewater rate structure more commonly consists of a fixed charge, a volumetric charge, and pollutant charge (for wastewater pollutants such as Bio-chemical Oxygen Demand (BOD) and Total Suspended Solids (TSS). Occasionally, a utility's water and wastewater rate structures may include special surcharges and/or special assessments to recover costs associated with certain service situations such as purchased water, pumping to elevations, drought conditions, readiness -to -serve, environmental conditions, and extra - strength wastewater discharges. 3.1 Fixed Charge A utility's annual revenue requirements comprise mostly of fixed costs such as salaries and benefits, pension obligations, debt service, cash financing for infrastructure renewal, and costs related to the provision of adequate capacity for service. These types of fixed costs occur on a recurring basis regardless of the amount of water used by the customer. Therefore, rate structures need to afford the ability to recover at least some of the fixed costs based on billing parameters that are not related to water usage or wastewater flow. The fixed charge, which is assessed regardless of the volume of water used, provides a mechanism to reliably recover some of the fixed annual operating costs of the utility, and provide for some level of revenue stability. In the utility industry, fixed charges are designed to recover one or more of the following types of costs, namely, (i) metering; (ii) billing; (iii) readiness -to -serve cost; (iv) specific capital investment; and (v) other specific costs. The costs of providing these functions vary among types of customers and/or by factors such as size and capacity of the meters. Therefore, to provide for equitable cost recovery, water and wastewater fixed charges are usually assessed based on meter size and also by customer class. 3.2 Volumetric (Usage) Charge In the utility industry, usage charges are designed to recover all other costs (except those that are recovered through fixed charge) associated with the treatment and delivery of water service and the collection, treatment, and disposal of wastewater. The three common types of volumetric charge are: (i) inclining block rate, where the usage in the next higher usage block is priced at a higher rate per unit; (ii) uniform block rate, where all units of usage are priced at the same unit rate; and (iii) declining block rate, where the usage in the next higher usage block is priced at a lower rate per unit. As usage patterns vary among customer classes and consequently different classes place different levels of service demands, different volumetric rates can be established for the various customer classes. In designing the volumetric rate structure, practical considerations including conservation, equity, affordability, and ease of administration are addressed. 3.3 Existing Rate Structure 3.3.1 Water Rate Structure Consistent with industry rate structures, the City's water rate structure comprises of both Fixed Charge and Volumetric Charge components. The water rate structure includes the following two components: BLACK & VEATCH I Rate Structure Overview 3-0 Page 178 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Base Charge (Fixed Charge); and Volume Charge (Volumetric Charge). Some of these components are applicable to only specific customer classes. The revenues derived from the above charges are collectively referred to as uvater Service Kevenues. ■ Base Charge The existing Base Charge for all customer classes is based on meter size. ■ Volume Charge: The existing Volume Charge is based on the quantity of water used by the customers. ■ Safe Drinkine Water Fee• This is a regulatory charge per bill that is collected by the City on behalf of the state of Arkansas Department of Public Health. The customer classes to which the specific charge components apply is illustrated in Figure 3 - 1. The existing water rate schedule for 2022, for these rate components, is presented in Table W - 3 in Appendix 1. All customers are billed monthly. Figure 3 - 1: Existing Water Rate Structure • Base Charge by Meter Size Volume Rate (3-Tier Inclining Block) Minimum Usage (1,000 Gallons) • Volume Rate (2-Tier Declining Block) a Minimum Usage (1,000 Gallons) • Volume Rate (Uniform) • Minimum Usage (1,000 Gallons) Volume Rate ( Uniform) 2 rates (Reduced Peak Demand and Peak Demand) Safe Drinking Water Fee (per month) 3.3.2 Wastewater Rate Structure Retail Inside City (Residential, Non -Residential, Major Industrial, Irrigation, Fire Protection); Retail Outside City (Residential, Non -Residential, Major Industrial, Irrigation, Fire Protection); Wholesale Retail Inside City Residential; and Retail Outside City Residential Retail Inside City Non -Residential, Irrigation; and Retail Outside City Non -Residential, Irrigation Retail Inside City Major Industrial Retail Outside City Major Industrial Wholesale • All customer classes The City's Operating Fund wastewater rate structure also comprises of both Fixed Charge and Volumetric Charge components. The wastewater rate structure includes the following three components: Base Charge (Fixed Charge); BLACK & VEATCH I Rate Structure Overview 3-1 Page 179 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Volume Charge (Volumetric Charge); and BOD and TSS Charge (Surcharge). The revenues derived from all these three sources are collectively referred to as "Wastewater Service Revenues. Some of these user rate components are applicable to only specific customer classes. ■ Base Charge: The existing Base Charge for all retail customers is based on meter size. ■ Volume Charge. The existing volume wastewater charge is based on the quantity of water used by the customer classes. Surcharge: The existing wastewater surcharge is based on the excess strengths of BOD and TSS, of certain customers. The customer classes to which the specific rate components are applicable is illustrated in Figure 3 - 2. The existing wastewater rate schedule for 2022 is presented in Table S - 3 in Appendix 2. Figure 3 - 2: Existing Wastewater Rate Structure • Base Charge by Meter Size Retail Inside City (Residential, Non -Residential and Major Industrial); Retail Outside City (Residential, Non -Residential and Major Industrial); Volume Rate (2-Tier Inclining Block) Retail Inside City Residential Based on winter water usage of December, January and February Volume Rate (Uniform) Retail Inside City (Non -Residential and Major Industrial) Retail Outside City (Residential, Non -Residential and Major Industrial) Volume Rate ( Uniform) Wholesale 2 tiered rates (85% of metered water usage and Above 85% of metered water usage) BLACK & VEATCH I Rate Structure Overview 3-2 Page 180 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 4.0 Water Utility The financial plan and rate design were developed to meet all the funding obligations of the water utility, and to achieve the financial adequacy and equitable cost recovery discussed in Section 2.3. The water utility financial plan was developed for the six -year forecast period of 2021 through 2026, and includes the following key components: Revenue projections (user rate revenues and non -rate revenues); Capital improvement program financing; Annual revenue requirement projections; and Annual proposed revenue increases 4.1 Water Revenue Projections Under Existing Rates The water utility revenues are derived from the following sources: Water Service Revenues (Base and Volume Charge) Other Revenues As a first step in the development of the financial plan, Water Service Revenues under the 2022 existing rates are projected for the forecast period. 4.1.1 Water Revenue Under Existing Rates As described in Section 3.3.1, the Water Service Revenue consists of two charge components. For each of the two components, revenues are projected based on billing units and applicable existing rate schedules. The billing units necessary to compute the Base Charge revenues are the number of accounts based on meter size and customer class. The billing units necessary to compute the Volume Charge are the annual water usage by customer class and by applicable blocks of usage. 4.1.1.1 Projection of Customer Accounts Typically, historical billing units are reviewed and used to project billing units for the forecast period. The project team reviewed historical accounts and average usage trends for each customer class referenced in Section 3.3.1. Based on the review of historical trends, two annual adjustment factors were applied to project billing units for the forecast period. The two adjustment factors applied at the customer class level are accounts growth rate and usage factor. The number of accounts is projected to grow in all customer classes except for Fire protection and wholesale where the number of accounts is anticipated to remain at the 2020 level. The total number of water accounts (not including private fire connections) is anticipated to increase from about 48,620 in 2021 to about 52,850 in 2026, at an overall annual system growth rate of 1.7%. The number of private fire connections is anticipated to remain at 727 throughout the study period. Table W - 1 in Appendix 1 presents the projected annual number of water accounts and private fire connections for the period of 2021 through 2026. BLACK & VEATCH I Water Utility 4-1 Page 181 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Figure 4-1 presents both the historical and projected number of accounts for the water utility. Water Utility Historical and Projected Accounts 60,000 50,000 40,000 30,000 20,000 10,000 0 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Historical — — Projected Figure 4-1 - Historical and Projected Water Accounts 4.1.1.2 Projection of Water Usage Billed water volumes are projected based on estimates of the number of water accounts and the average billed usage per account. Average water use per account is determined based on historical usage. The historical usage per account for all customer classes varies each year between 2016 and 2020. In 2020, the COVID pandemic led to stay-at-home measures and shut down of non -essential businesses across the country. Consequently, the residential customers used more water in 2020, whereas the non-residential customers used less water as compared to previous years. The average use per account for 2021 was projected to remain at the 2020 levels assuming a lingering effect of the pandemic. The average usage per account for 2022 and beyond was projected to return to the 2019 level for all customer classes assuming a return to pre -pandemic levels. Total system water usage is projected to increase from 3,873,500 kgals in 2021 to 4,109,400 kgals in 2026. Table W - 2 in Appendix 1 presents the projected annual volume for the period of 2021 through 2026. Figure 4-2 presents both the historical and projected annual billed volume for the water utility. Water Utility Historical and Projected Billed Volume (1,000 Gallons) 4,200,000 4,100,000 4,000,000 3,900,000 3,800,000 3,700,000 3,600,000 3,500,000 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Historical — — Projected BLACK & VEATCH I Water Utility 4-2 Page 182 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Figure 4-2 - Historical and Projected Water Billed Volume 4.1.2 Projection of Service Revenue Under Existing Rates Water service revenues for the period 2021 through 2026 are projected for each charge component (base and volume) based on the projections of accounts by meter size, projected water usage for each customer class, and the application of the 2021 rate schedule for 2021 revenues and 2022 rate schedule for 2022 through 2026 revenues. Water service revenue under existing rates is projected to increase slightly from $21.2 million in 2021 to $23.0 million in 2026. This growth is due to increase in water sales due to the growth in the number of accounts over the study period. Table W - 4 in Appendix 1 presents the projected annual service revenues for the period of 2021 through 2026. Figure 4-3 presents both the historical and projected annual service revenues under existing rates for the water utility. Water Utility Historical and Projected Service Revenues (Under Existing Rates) $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 So 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Historical — — Projected Figure 4-3 - Historical and Projected Water Service Revenue 4.1.3 Other Water Revenues The other revenues include the following major components: Impact Fee Revenue; Water/Rural Water Connection Fees; Miscellaneous Fees (Water Sales Not on Computer, Trip Fees, Tampering -Billed Service) Penalties; and Safe Drinking Water Fee (pass -through) The annual revenues from water impact fees, water connection fees and miscellaneous fees for 2021 to 2026 are projected based on historical three-year (2018 to 2020) average revenues for each of the fees. The penalties revenue in 2020 reflects only the first two and half months of revenues, as the City stopped assessing penalties for non-payment due to the pandemic. The revenue for penalties in 2021 is projected to be half of the historical three -year (2017 to 2019) average revenues due to continued waiver of the penalties as a result of the COVID pandemic during the first half for 2021. The revenue BLACK & VEATCH I Water Utility 4-3 Page 183 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study from penalties in 2022 and beyond is projected as the historical three-year average (2017 to 2019) average revenues. Table W - 5 in Appendix 1 presents the historical and projected annual service revenues for the period of 2021 through 2026. The Safe Drinking Water Fee (SDWF) is assessed for all water users in the state of Arkansas. The current rate is $0.40 per bill per month and is collected by all water utilities in the state. The SDWF revenue is projected by applying the current rate to the number of meters for the period 2021 to 2026. The revenue collected as part of this fee is reimbursed to the state. 4.2 Water Capital Improvements Program The capital project costs provided by the City were based on 2020 dollars. Based on discussions with the City, the project costs are inflated at an annual rate of 3.0% to accurately reflect the costs of projects for 2021 and beyond. The water utility Capital Improvement Plan (CIP) provides for a total of $49.0 million of investments during the study period of 2021 through 2026. Table W - 6 in Appendix 1 presents the CIP list of projects and schedule for 2021 through 2026 The CIP is expected to be financed from a funding mix of cash financing from service revenue and impact fees. 4.3 Water Revenue Requirements Projection of reliable revenue requirements includes: (1) operation and maintenance expenses; (2) bad debt; (3) Payment In Lieu of Taxes; (4) SDWF Reimbursement; (5) debt service (consisting of principal and interest payments); (6) transfer to shop fund; (7) transfer to operating reserve; (8) cash financed capital; and (9) transfer to capital reserve. The projections of annual revenue requirements for the study period is discussed in this section. 4.3.1 Water Operation and Maintenance Expenses The 0&M expenses for the water utility include the annual expenses associated with the water purchases from Beaver Water District; storage and distribution; meters and services; billing and collection, and general administrative services. These expenses include personnel costs (salaries and benefits), costs for materials and supplies, costs of utilities, and contracted services. The 2021 O&M budget provided by the City was used as the baseline for projection of C&M expenses for the study period. In addition, costs associated with a water inspector (not included in the 2021 budget) recurring salary and benefits costs, recurring vehicle maintenance costs and one-time cost of the vehicle purchase was added per City's direction. Based on historical O&M costs, industry experience, and discussions with the City management, appropriate escalation factors were applied to various categories of costs to project future annual O&M expenses. Annual escalation factors used for major cost categories include the following: Salaries: 4.00% Benefits: 5.00% Energy: 3.00% Chemicals: 3.00% Purchased Water: 3.00% BLACK & VEATCH I Water Utility 4-4 Page 184 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study The annual O&M expenses for water utility are budgeted at $15.9 million in 2021 and are projected to grow to $18.7 million by 2026. Table W - 7 in Appendix 1 presents a summary of total projected operation and maintenance expense for the period 2021 through 2026. Figure 4-4 presents the historical and projected O&M expenses for the water utility. Water Utility Historical and Projected O&M Expenses $25,000,000 $20,000,000 $15,000,000 ........ $10,000,000 $5,000,000 $0 2020 2021 2022 2023 2024 2025 2026 Historical — — Projected Figure 4-4 - Projected Annual Water O&M Expenses 4.3.2 Water Bad Debt Bad debt expenses refer to outstanding balances owed that are deemed uncollectible. The water bad debt in 2019 was 0.5% of revenue. Hence, bad debt projections for the study period assume 0.5% of annual revenues. Annual bad debt expenses for water utility is projected to increase from $105,900 in 2021 to $125,300 by 2026 reflecting the increase in projected revenues. Line 12 in Table W - 9 in Appendix 1 presents the projected bad debt for the period 2021 through 2026. 4.3.3 Water Payment In Lieu of Taxes The PILOT costs are paid by public utilities to municipal entity as a compensation for utilization of streets, easements, right of ways or other public places. The PILOT amount is determined per City Ordinance 4449 that requires that the water and wastewater funds to pay 4.25% of annual total gross sale revenues to the City. Annual PILOT amount for the water utility is calculated by multiplying actual water revenues from prior year (Water sales on Computer and Water sales not on Computer/ Bulk Water Sales, and Fire Hydrant and Protection). Annual PILOT amount for the water utility is anticipated to increase from $900,400 in 2021 to $1,064,900 in 2026. Line 13 in Table W - 9 in Appendix 1 presents the projected PILOT expenses for the period 2021 through 2026. 4.3.4 Safe Drinking Water Fee Reimbursement The SDWF revenue collected for each metered customer is reimbursed to the state of Arkansas department of Public Health. The SDWF reimbursement is projected to increase from $230,000 in 2021 to $250,200 in 2026. Line 14 in Table W - 9 in Appendix 1 presents the projected SDWF reimbursement for the period 2021 through 2026. BLACK & VEATCH I Water Utility 4-5 Page 185 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 4.3.5 Water Debt Service Requirements The water utility does not have any outstanding debt service obligations. The City does not anticipate any debt issuances during the study period, therefore there is no projected debt service for future debt as shown in Line 15 in Table W - 9 in Appendix 1. 4.3.6 Transfer to Shop Fund The transfer to the shop fund is made by the utility whenever a new vehicle (associated with new personnel) is purchased, thereby expanding the existing fleet. There are no projected transfers to the shop fund over the study period as shown in Line 17 in Table W - 9 in Appendix 1. 4.3.7 Transfer to Operating Reserve The City maintains an operating reserve balance equivalent of ninety (90) days of following years' O&M budget. The transfer to operating reserve is projected to increase from $133,000 in 2022 to $151,800 in 2026 reflecting the growth in the O&M budget. Line 18 in Table W - 9 in Appendix 1 presents the projected transfers to the operating reserve for the period 2021 through 2026. 4.3.8 Water Cash Financed Capital The City currently utilizes the following two sources of funding for the water utility capital projects (1): transfer from operating revenues and (2) transfer from the impact fee fund. As stated in Section 4.2, the water capital improvement program for the study period is $52 million, of which $50 million is projected to be funded from operating revenues and $2 million is from the impact fee fund. A capital project meets the requirements of using impact fees if the existing water capacity is expanded due to growth. The construction contract and the budget amendment to change the source of funding to impact fee must be approved by the City Council. Table W - 8 in Appendix 1 presents the sources of funding for the water capital improvement program. Line 19 in Table W - 9 in Appendix 1 presents the projected transfers for cash financed capital for the period 2021 through 2026. 4.3.9 Transfer to Capital Reserve The water utility, after meeting all the obligations stated in sections above, transfers the excess funds to the capital reserve fund. The capital reserve fund is used as a source for funding the capital program in the years that the revenues are not sufficient to meet the capital funding requirements. Line 20 in Table W - 9 in Appendix 1 presents the projected transfers to and from the capital reserve for the period 2021 through 2026. 4.4 Water Proposed Revenue Adjustments The annual revenue adjustments that are needed to achieve the defined financial performance objectives are determined by evaluating the funding gap between the projected annual revenue requirements and the projected revenues under existing rates. Table W - 9 in Appendix 1, provides a summary of the revenue and revenue requirements (financial plan) for the study period. Projected Revenue Under Existing Rates: Line 1 indicates that under existing rates (2022 rates) water utility revenues will increase from $21.8 million in 2022 to $23.0 million in 2026. Projected Other Revenues: Line 8 indicates that the other revenues are anticipated to increase from $641,500 in 2022 to $662,300 in 2026. This increase is due to the growth in SDWF, which is a pass - through. It is anticipated that all other categories of other revenues will remain flat throughout the study period. BLACK & VEATCH I Water Utility 4-6 Page 186 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Projected Expenses: Line 15 indicates the total annual expenses for the water utility are anticipated to increase from $17.7 million in 2022 to $20.2 million in 2026. Projected Transfers: Line 20 indicates the total annual transfers for the water utility are anticipated to increase from $4.7 million in 2022 to $5.6 million in 2026. Funding Gap: The cash flow analysis indicates that the sum of revenues under existing rates and the other revenues is not adequate to fund the projected annual revenue requirements, thereby causing an operating deficit. Proposed Revenue Adjustments: To address the funding gap in the water utility, a series of revenue adjustments are proposed as follows: 2024: 3% effective (January 1, 2024) 2025: 3% effective (January 1, 2025) 2026: 3% effective (January 1, 2026) Lines 2 through 7 present the amount of additional revenues generated each year with the proposed magnitude and timing of revenue adjustments. Figure 4-5 presents the projected revenue and revenue requirements through 2026 for the wastewater utility. Water Utility Revenues and Revenue Requirements $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 2021 2022 2023 2024 2025 2026 O&M Expenses Cash Financing of Capital Other Transfers — — Revenues Under Existing Rates Revenues Under Proposed Rates Figure 4-5 - Water Revenues and Revenue Requirements Table W - 10 in Appendix 1 presents the water utility's operating reserve, capital reserve and impact fee fund balances. The City has identified the minimum balance requirements for each of the following funds: ■ O&M Reserve Balance: A cash balance of at least 90 days of the follow's year operating expenses. ■ Operating Fund Balance: A minimum target of $100,000. BLACK & VEATCH I Water Utility 4-7 Page 187 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study ■ Capital Fund Balance: A minimum target of $500,000. ■ Capital Reserve Fund Balance: An amount necessary to fully fund anticipated capital projects. As shown in Table W -10, the proposed annual revenue adjustments will allow the water utility to meeting the minimum fund balance requirements for all funds through 2026. 4.5 Water Cost of Service A key step to developing an equitable rate structure involves the cost of service analysis. The financial plan discussed in sub sections 4.1 through 4.4 provides an estimate of the total annual revenue requirements for a given fiscal year. The cost of service analysis provides a mechanism to defensibly allocate the total annual revenue requirements to the various customer classes. The cost of service is typically performed for a single year, referred to as the "Test Year" for which the rates are to be designed. The test year for which the cost of service study was performed is 2023. The key components of the cost of service analysis are: Determination of Cost of Service (net revenue requirements); Determination of Functional Costs; Allocation of Functional Costs to Cost Components; and Distribution of Water Utility Costs to Customer Classes 4.5.1 Determination of Cost of Service The first step is to determine the cost of service that is to be recovered from user rates and charges. As briefly discussed in Section 2.3, cost of service is defined as, and synonymous with, the "net revenue requirement" that is to be recovered for the test year through user rates and charges. Table W - 11 in Appendix 1 presents the derivation of the cost of service to be recovered through water charges. As Line 18 in Table W - 11 indicates, the water cost of service for 2023 is projected to be $22.1 million. This cost of service consists of $17.8 million of net O&M expense and $4.3 million of net capital costs. Costs of service is apportioned among customer classes in this study on a "Utility Basis", that is, in terms of operating expense, depreciation expense, and return. For a municipal utility, the total of depreciation expense and return is equal to the capital cost related portion of the total cost of service. Depreciation is the loss in value of the original plant investment, not restored by current maintenance, due to wear, decay, inadequacy, and obsolescence. Annual depreciation is determined as a percentage of original investment based on expected service lives of the various facilities. Unless funds are provided for normal annual replacement of original plant items, operating reliability of the system, as well as the value, will decrease. Depreciation funds are used to finance principal payments on bond issues and provide normal annual capital expenditures. The depreciation expense associated with the water utility is estimated in this study recognizing depreciation rates presently in use by the water utility. This results in a projected test year depreciation expense of $2.8 million exclusive of depreciation on contributed plant, which is not recognized for cost BLACK & VEATCH I Water Utility M. Page 188 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study allocation or rate design purposes. The contributed plant adjustment is consistent with generally accepted regulatory practices. Total return on the system investment provides funds for bond interest payments and any other costs that may be incurred. In developing the level of return on net plant serving the requirements of outside City customers, provisions for a reasonable margin should be made to meet interest on borrowed funds, and to recognize the business risk assumed by the City in providing reliable facilities to serve nonresident customers. Total return for the test year is projected to be $1,476,030 as shown on Line 17 of Table W - 11 in Appendix 1. 4.5.2 Determination of Functional Costs As a basis for developing an equitable rate structure, the test year cost of service should be allocated to the various customer classes according to respective service requirements. The basic underlying principle in developing cost of service rates is the determination of what elements in a water system are responsible for causing the level of revenue requirements that is needed. To allocate the costs to customer classes, first the operating and capital costs of service are aggregated into "Functional Cost Centers." The functional costs are then further allocated to cost components. Each component cost is then apportioned to customer classes Functional Cost Centers Functional cost centers of a water utility represent the activities that contribute to the incurrence of O&M and capital costs. For a water utility, they often include source of water supply, pumping, treatment, storage, distribution, meters, billing, and other administration costs. Both the O&M and capital costs defined for the Test Year, discussed in 4.5.1, need to be allocated to functional cost centers. Functional Costs The capital costs associated with the functional cost centers are determined using detailed fixed assets data, provided by the City, for each class of asset that is currently in service, construction work in progress and projected capital improvement program for the test year. The total value of the fixed assets (referred to as "Net Plant Investment") in the system is usually presented as Original Cost Less Depreciation ("OCLD"). The total estimated OCLD of the water system is $104, as presented in Line 9 in Table W - 12 in Appendix 1. This plant investment data is subsequently used as a basis for the allocation to cost components, discussed in the following subsection 4.5.3.2. The O&M costs for the Test Year are allocated to the various functional cost centers based on the specific nature of costs. The allocation of the projected O&M cost of service (net operating revenue requirement) of $17.8 million, to the various functional cost centers, is presented in Table W - 14 in Appendix 1. The various cost elements of water service are assigned to functional cost components as the first step in the subsequent distribution of the costs of service to customer classes. BLACK & VEATCH I Water Utility 4-9 Page 189 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 4.5.3 Allocation of Costs to the Functional Cost Components The principal functional cost components consist of Base Costs, Extra -Capacity Costs, and Customer Costs. Base costs are those which vary directly with the quantity of water used, as well as those costs associated with serving customers under average load conditions without the elements necessary to meet water use variations or peak demands. Base costs include purchased power and treatment chemicals, and other operating and capital costs of the water system associated with serving customers to the extent required for a constant, or average annual rate of use. Extra -Capacity costs represent those operating costs incurred due to demands in excess of average, and capital related costs for additional plant and system capacity beyond that required for the average rate of use. Total extra capacity costs are subdivided into costs associated with maximum day and maximum hour demand. Customer Costs are defined as costs which tend to vary in proportion to the number of customers connected to the system. These include meter reading, billing, collection and accounting costs, and maintenance and capital charges associated with meters and services. The delineation of costs of service into these principal categories provides the means of further allocating such costs to the various customer classes based on the respective base, extra capacity, and customer service requirements of each customer class. Wholesale customers generally do not use smaller water distribution mains as do retail users. Therefore, separate functional cost of service categories are designated for costs which are common to all customer classes and those which are common to retail service classes only. 4.5.3.1 Water Utility Allocation to Cost Components The water utility is comprised of a variety of service facilities, each designed and operated to fulfill a given function. In order to provide adequate service to its customers at all times, the utility must be capable of not only providing the total amount of water used, but also supplying water at maximum rates of demand. Since all customers do not exert their maximum demand for water at the same time, capacities of water facilities are designed to meet the peak coincidental demands that all classes of customers, as a whole, place on the system. For every water service facility on the system, there is an underlying average demand, or uniform rate of usage exerted by the customers for which the base cost component applies. For those facilities designed solely to meet average day demand, costs are allocated 100% to the base cost component. Extra capacity requirements associated with coincidental demands in excess of average use are further related to maximum daily and maximum hourly demands. Analysis of historical system maximum day and maximum hour demands to average day demands results in appropriate ratios for the allocation of capital costs and operating expenses to base and extra capacity cost components. A maximum day to average day ratio of 2.10 is used based on experienced demands in the water system. This indicates that approximately 47.6% of the capacity of facilities designed and operated to meet maximum day demand is required for average or base use. According, the remaining 52.4% is required for maximum day extra capacity requirements. BLACK & VEATCH I Water Utility 4-10 Page 190 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study The costs associated with facilities required to meet maximum hour demand are allocable to base, maximum day extra capacity, and maximum hour extra capacity. A ratio of maximum hour to annual average day water use of 2.73 is used, based on demands experienced by the system. This ratio indicates that 36.6% of the capacity of facilities designed and operated for maximum hour demand is needed for average or base use, while 40.3% is utilized for maximum day extra capacity uses, and the remaining 23.1% is required to meet maximum hour extra capacity demand in excess of maximum day needs. 4.5.3.2 Allocation of Net Water Plant Investment The estimated test year net plant investment in water facilities consists of net plant in service as of December 31, 2019, the 2020 construction work in progress, and the estimated cost of proposed capital improvements expected to be in service by the end of calendar year 2022. As the wholesale customers have their own storage tanks, the plant investment associated with tanks was allocated to the retail customers only. The total estimated OCLD of the water system is $104 million, as presented in Line 9 in Table W - 12 in Appendix 1. Plant investment is allocated to cost components on a design basis recognizing the principal function governing the design of the facility. The allocation of net plant investment provides the basis for allocation of depreciation expense. 4.5.3.3 Allocation of Water Facilities Depreciation Expense Depreciation is a real part of the cost of operating a utility. In utility accounting, it is generally accepted practice to use depreciation funds to finance system replacements, improvements, and extensions. While such action does not restore the value lost in each property unit every year, the total value lost through depreciation is restored to the system as a whole. Depreciation funds can be reinvested in the system either by direct payment of routine capital additions and replacements or by principal payments on bonded debt. The total estimated depreciation cost (excluding depreciation on contributed facilities) for the water system is $2.8 million, as presented on Line 9 in Table W - 13 in Appendix 1. As the wholesale customer have their own storage tanks, the depreciation costs associated with tanks was allocated to the retail customers only. 4.5.3.4 Allocation of Water Utility Operating Expenses Table W - 14 in Appendix 1 presents the allocation of O&M expense to functional cost components. Total test year O&M expense, as shown on Line 7 of this table, amounts to $18.2 million. Operating expenses are allocated to functional cost components in generally the same manner as plant investment. 4.5.4 Distribution of Water Utility Costs to Customer Classes As a basis for determining the cost of water service to each customer class, the elements of cost of service previously allocated to functional cost components are distributed among the classes in proportion to their respective service requirements. Estimates of these requirements, or units of service, reflect the average number of accounts with recognition to relative meter sizes serving each account, annual water sales, and estimated peak water demands placed on the system by each customer class. Analysis of resulting costs of service to each class and comparison of allocated costs with revenues under existing rates provide a basis for future water rate adjustments. BLACK & VEATCH I Water Utility 4-11 Page 191 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 4.5.4.1 Water Customer Classification Customer classes consist of residential, non-residential, industrial, irrigation, wholesale, and public and private fire protection. The residential class includes single family residential, duplex, fourplex, apartment, multi -unit residential, and rooming house customers. The non-residential class includes commercial, combination, construction, government, and non-profit classes. Industrial includes major and minor industrial. Outside City includes Farmington, Greenland, Washington/Growth Area, Johnson, and Goshen/ White River. Wholesale includes the communities of Elkins, West Fork, Mt. Olive, and RDA/WWA. These classes group together customers with similar service requirement characteristics and provide a means for allocating costs to customers. 4.5.4.2 Water Units of Service The cost of service responsibility for base costs varies with the annual volume of water usage and is distributed to customer classes on that basis. Extra capacity costs are those costs associated with meeting peak rates of water use and are distributed to customer classes on the basis of their respective system capacity requirements in excess of average requirement rates. Customer costs, which consist of meter related costs, billing, collection and accounting costs, are allocated on the basis of the number of equivalent meters and monthly bills. The estimated units of service for the various customer classifications are presented in Table W - 15 in Appendix 1. Estimates of test year annual water volumes, shown in Column 1, are based on the projections of total water sales for the test year 2023. Average daily water use is presented in Column 2. Columns 3 through 8 present the estimated maximum day and maximum hour capacity factors for each customer class, the resulting demands, and extra capacity requirements, respectively. Customer related meter and service costs are allocated on the basis of the number of equivalent 3/4 inch meters serving each customer class. The number of equivalent meters in each customer class (Column 10) is estimated by relating typical costs for meters and services larger than 5/8 inch in size to the typical cost of a 3/4 inch meter and its related service line. Customer billing and accounting costs are distributed to classes on the basis of the number of bills for each customer class in Column 11. Extra capacity requirements for fire protection service recognize, in part, peak fire flow requirements, and system capabilities established by the Insurance Service Office. One fire is estimated with peak fire flow requirements of 9,000 gallons per minute for 10 hours (maximum day) and 24 hours (maximum hour). Direct fire protection costs have been allocated between inside City and outside City customers in proportion to the number of equivalent 6-inch fire hydrants, as shown in Columns 12 and 13. 4.5.4.3 Water Utility Customer Class Costs of Service Unit costs of service are developed by dividing the total cost allocated to each functional cost component by the total applicable units of service. The customer class responsibility for service is obtained by applying unit costs of service to the number of units for which the customer class is responsible. The water utility has been built with provision for service to customers outside the City, yet the inside City customers must bear the responsibility for providing system facilities by undertaking the necessary investment. Revenues derived from outside City service should provide a margin of return on capital adequate to induce the citizens of Fayetteville to bear the risks of providing outside City service. To recognize the proprietary interest and responsibility of inside City customers in the system, it is proper to charge outside City customers, in addition to their share of operating expense and depreciation, a BLACK & VEATCH I Water Utility 4-12 Page 192 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study reasonable return on their allocated portion of value. A 7.0% (4.0% for future debt service plus 3.0% risk component) annual rate of return on the value of water facilities serving outside City customers is recognized for purposes of this study. Table W - 16 in Appendix 1 shows the development of the unit costs of service applicable to each cost function. Lines 1 through 3 summarize the units of service developed in Table W - 15. Total allocated costs or investment shown on Lines 4, 6, and 8 were previously developed in Table W - 12, Table W - 13 and Table W - 14 respectively. Unit costs of service for each component are determined by dividing the allocated cost or investment by the total units of service. Total allocated unit costs of service for inside and outside City customers (Lines 15 and 16) are determined by adding the unit costs for net operating expense (Line 5) and depreciation expense (Line 7) to the respective inside and outside City unit costs for return on investment (Lines 10 and 11). These unit costs applied to the respective units of service shown on Lines 1 and 2 determine the allocated total costs of service for inside and outside City customers shown on Lines 17 and 18. In order to determine the allocated costs for each customer class, the costs are allocated to the various customer classes by applying the appropriate unit cost of service to the respective service requirements of each customer class. Table W - 17 in Appendix 1 shows the resulting allocated and adjusted cost of service by customer class, revenue under existing rates, and the additional revenue required from each class. Costs associated with public fire protection are not recovered through direct charges, therefore, the cost of service for this class is reallocated to all other retail customers in proportion to their allocated cost of service as shown in Column 3. The test year adjusted cost of service, reflecting the reallocation of these costs, is shown in Column 4. The indicated increase or decrease in revenue required to meet adjusted cost of service is shown in Column 6. BLACK & VEATCH I Water Utility 4-13 Page 193 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 5.0 Water Rate Design The principal consideration in establishing water rate schedules is to establish rates to customers to recover costs that reasonably commensurate with the cost of providing water service. Theoretically, the only method of assessing entirely equitable rates for water service would be the determination of each customer's bill based upon each customer's particular service requirements. Since this is impractical, schedules of rates are normally designed to meet average conditions for groups of customers having similar service requirements. Rates should provide for equitable cost recovery, ease of customer understanding and be simple to administer. The revenue requirements and cost of service allocations described in the preceding sections provide the basis for adjusting water rates. The revenue requirements reflect the need for adjustment and the level of revenue required. The cost of service analysis provides the unit costs of service used in the rate design process and gives a basis for determining whether resultant rates will develop revenues which recover costs of service from customer classes in proportion to service required and provide the total level of revenue required. 5.1 Existing Water Rates The existing schedule of rates for water service became effective on January 1, 2022. For both retail and wholesale customers, these rates include a monthly base charge bill, which varies by meter size. The volume charge varies by customer class. The existing water rate structure is described in Section 3.3.1. The existing schedule of base and volumetric water rates is shown in Table W - 3. 5.2 Proposed Water Rates The cost of service analysis described in the preceding sections of this report provides a basis for the design of a schedule of water rates to meet those costs. Proposed water base charge and volume rates have been designed to meet the test year allocated costs of service and are presented in Table W - 18. The proposed rate structure eliminates the minimum volume charge associated with 1,000 gallons. Additionally, volumetric rate structure for non-residential and irrigation customers classes both inside and outside city were changed from declining block rates to uniform block rates Figure 5 - 1 below presents the proposed water rate structure. Figure 5 - 1 Proposed Water Rate Structure Base Charge by Meter Size • Volume Rate (3-Tier Inclining Block) Volume Rate (Uniform) • Retail Inside City (Residential, Non -Residential, Major Industrial, Irrigation, Fire Protection); Retail Outside City (Residential, Non -Residential, Major Industrial, Irrigation, Fire Protection); Wholesale Retail Inside City Residential; and Retail Outside City Residential • Retail Inside City Non -Residential, Major Industrial, Irrigation; and BLACK & VEATCH I Water Rate Design 5-14 Page 194 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Retail Outside City Non -Residential, Irrigation Volume Rate ( Uniform) Wholesale Safe Drinking Water Fee (per month) All customer classes In developing proposed schedules of water rates, it must be recognized that the cost of service studies are the result of engineering estimates, based to some extent upon judgment and experience, and detailed results should not be used as literal and exact answers but as guides for potential rate adjustments. Practical considerations such as previous rate levels, bill impact on customers, and magnitude of cost of service shifts among customer classes, and past local practices are commonly recognized in making rate adjustments. A comparison of estimated test year revenue under the proposed rates with allocated costs of service for each of the customer classes is presented in Table W - 19 in Appendix 1. This comparison indicates the proposed rates will recover revenues from inside and outside City customer groups reasonably commensurate with the cost of service and practical considerations previously noted. To better reflect the total effect the proposed rates have on customer bills, a comparison of typical inside city and outside city customer water charges under existing rates and the rates proposed to become effective January 1, 2023, is presented in Table W - 20. BLACK & VEATCH I Water Rate Design 5-15 Page 195 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 6.0 Wastewater Utility The financial plan and rate design were developed to meet all the funding obligations of the wastewater utility, and to achieve the financial adequacy and equitable cost recovery discussed in Section 2.3. The wastewater utility financial plan was developed for the forecast period of 2021 through 2026, and includes the following key components: Revenue projections (user rate revenues and non -rate revenues); Capital improvement program; Annual revenue requirement projections; and Annual proposed revenue increases 6.1 Wastewater Revenue Projections Under Existing Rates The wastewater utility revenues are derived from the following sources: Wastewater Service Revenues (Base and Volume Charge) Other Revenues As a first step in the development of the financial plan, Wastewater Service Revenues under the 2021 existing rates are projected for the forecast period. 6.1.1 Wastewater Revenue Under Existing Rates As described in Section 3.3.2, the Wastewater Service Revenue consists of two charge components. For each of the two components, revenues are projected based on billing units and applicable existing rate schedules. The billing units necessary to compute the Base Charge revenues are the number of accounts based on meter size and customer class. The billing units necessary to compute the Volume Charge are the annual wastewater billed volumes by customer class and by applicable blocks of billable wastewater volume. 6.1.1.1 Projection of Customer Accounts Typically, historical billing units are reviewed and used to project billing units for the forecast period. The project team reviewed historical accounts and billed volume trends for each customer class referenced in Section 3.3.1. Based on the review of historical trends, two annual adjustment factors were applied to project billing units for the forecast period. The two adjustment factors applied at the customer class level are accounts growth rate and volume factor. The number of accounts is projected to grow for residential customer classes Fayetteville (Inside City) and Farmington (Outside City), whereas all other customer classes are anticipated to remain at the 2020 level. The total number of wastewater accounts is anticipated to increase from about 40,100 in 2021 to about 43,300 in 2026, at an overall annual system growth rate of 1.6%. Table S - 1 in Appendix 2 presents the projected annual number of accounts for the period of 2021 through 2026. BLACK & VEATCH I Wastewater Utility 6-1 Page 196 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Figure 6-1 presents both the historical and projected number of accounts for the wastewater utility. Waterwater Utility Historical and Projected Accounts 46,000 44,000 42,000 40,000 38,000 36,000 34,000 32,000 NO101:�IljVi10444 1016ilry��Z�TI:iIry2 iZ�Jb�Z�tI7 Historical — — Projected Figure 6-1 - Historical and Projected Wastewater Accounts 6.1.1.2 Projection of Wastewater Volume Billed wastewater volumes are projected based on estimates of the number of wastewater accounts and the average billed volume per account. Average billed volume per account is determined based on historical billed volume. The historical billed volume per account for all customer classes varies each year between 2016 and 2020. In 2020, the COVID pandemic led to stay-at-home measures and shut down of non -essential businesses across the country. Consequently, the residential customers used more water in 2020, whereas the non-residential customers used less water as compared to previous years. The average billed volume per account for 2021 was projected to remain at the 2020 levels assuming a lingering effect of the pandemic. The average billed volume per account for 2022 and beyond was projected to return to the 2019 level for all customer classes assuming a return to pre - pandemic levels. Total system wastewater billed volume is projected to increase from 3,043,100 kgals in 2021 to 3,205,800 kgals in 2026. Table S - 2 in Appendix 2 presents the historical and projected annual volume for the period of 2020 through 2026. Figure 6-2 presents both the historical and projected annual billed volume for the wastewater utility. BLACK & VEATCH I Wastewater Utility 6-2 Page 197 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Wastewater Utility Historical and Projected Billed Volume (1,000Gallons) 3,500,000 3,000,000 — — — — — — — — 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Historical — — Projected Figure 6-2 - Historical and Projected Wastewater Billed Volume 6.1.2 Projection of Service Revenue Under Existing Rates Wastewater service revenues for the period 2021 through 2026 are projected for each charge component (base and volume) based on the projections of accounts by meter size, projected billed volume for each customer class, and the application of the 2021 rate schedule for 2021 revenues and 2022 rate schedule for 2022 through 2026. Wastewater service revenue under existing rates is projected to increase slightly from $24.5 million in 2021 to $26.7 million in 2026. This growth is due to increase in wastewater sales due to the growth in the number of accounts over the study period. Table S - 4 in Appendix 2 presents the historical and projected annual service revenues for the period of 2021 through 2026. Figure 6-3 presents both the historical and projected annual service requirements under existing rates for the wastewater utility. Wastewater Utility Historical and Projected Service Revenues (Under Existing Rates) $ 30,000,000 $25,000,000 — — — — — — — — $ 20,000,000 $15,000,000 510,000,000 $5,000,000 $0 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Historical — —Projected Figure 6-3 - Historical and Projected Wastewater Service Revenue 6.1.3 Other Wastewater Revenue The other revenues include the following major components: BLACK & VEATCH I Wastewater Utility 6-3 Page 198 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Impact Fee Revenue; Wastewater Connection Fees; Wastewater Sales Not on Computer Penalties; and WWTP Fees (Hay Sales, Biosolids/ Fertilizer Sales & Water Treatment Residual) The annual revenues from wastewater impact fees, wastewater connection fees. wastewater sales not on computer, and WWTP Fees for 2021 to 2026 are projected based on historical three-year (2018 to 2020) average revenues for each of the fees. The penalties revenue in 2020 reflects only the first two and half months of revenues, as the City stopped assessing penalties for non-payment due to the pandemic. The revenue for penalties in 2021 is projected to be half of the historical three -year (2017 to 2019) average revenues due to continued waiver of the penalties as a result of the COVID pandemic during the first half for 2021. The revenue from penalties in 2022 and beyond is projected as the historical three-year average (2017 to 2019) average revenues. Table S - 5 in Appendix 2 presents the historical and projected annual other revenues for the period of 2020 through 2026. 6.2 Wastewater Capital Improvements Program The capital project costs provided by the City were based on 2020 dollars. Based on discussions with the City, the project costs are inflated at an annual rate of 3.0% to accurately reflect the costs of projects for 2021 and beyond. The City's wastewater utility Capital Improvement Plan (CIP) provides for a total of $69.3 million of investments during the study period of 2021 through 2026. Major wastewater projects include sanitary wastewater rehabilitation totaling $15.7 million and Biosolids Dryer Replacement totaling $31.1 million. Table S - 6 in Appendix 2 presents the CIP list of projects for 2021 through 2026. The CIP is expected to be financed from a funding mix of cash financing from service revenue and impact fees. 6.3 Wastewater Utility Revenue Requirements Projection of reliable revenue requirements includes: (1) O&M expenses; (2) bad debt; (3) Payment In Lieu of Taxes; (4) debt service (consisting of principal and interest payments); (5) transfer to shop fund; (6) transfer to operating reserve; (7) cash financed capital; and (8) transfer to capital reserve. The projections of annual revenue requirements for the study period is discussed in this section. 6.3.1 Wastewater Operation and Maintenance Expenses The O&M expenses for the wastewater utility include the annual expenses associated with the wastewater conveyance, pumping, treatment and disposal; meters and services; billing and collection, and general administrative services. These expenses include personnel costs (salaries and benefits), costs for materials and supplies, costs of utilities, and contracted services. The 2021 O&M budget provided by the City was used as the baseline for projection of O&M expenses for the study period. In addition, costs associated with a wastewater inspector (not included in the 2021 budget) recurring salary and benefits costs, recurring vehicle maintenance costs and one-time cost of the vehicle purchase was added per City's direction. Based on historical O&M costs, industry experience, and discussions with the City management, appropriate escalation factors were applied to various BLACK & VEATCH I Wastewater Utility 6-4 Page 199 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study categories of costs to project future annual O&M expenses. Annual escalation factors used for major cost categories include the following: Salaries: 4.00% Benefits: 5.00% Energy: 3.00% Chemicals: 3.00% Wastewater Treatment Plant Contract: 3.00% The annual O&M expenses for wastewater utility are budgeted at $15.7 million in 2021 and are projected to grow to $18.4 million by 2026. Table S - 7 in Appendix 2 presents a summary of projected operation and maintenance expense for the period 2021 through 2026. Figure 6-4 presents the historical and projected O&M expenses for the wastewater utility. $ 20,000,000 $15,000,000 $10,000,000 $5,000,000 Wastewater Utility Historical and Projected O&M Expenses 2020 2021 2022 2023 2024 2025 2026 Historical — — Projected Figure 6-4 - Projected Annual Wastewater O&M Expense 6.3.2 Wastewater Bad Debt Bad debt expenses refer to outstanding balances owed that are deemed uncollectible. The wastewater bad debt in 2019 was 0.5% of revenue. Hence, the bad debt projections for the study period assume 0.5% of annual revenues. Annual bad debt expenses for wastewater utility is projected to increase from $122,300 in 2021 to $145,500 by 2026 reflecting the increase in projected revenues. Line 16 in Table S - 9 in Appendix 2 presents bad debt expense for the period 2021 through 2026. 6.3.3 Wastewater Payment In Lieu of Taxes The PILOT costs are paid by public utilities to municipal entity as a compensation for utilization of streets, easements, right of ways or other public places. The PILOT amount is determined per City Ordinance 4449 that requires that the water and wastewater funds to pay 4.25% of annual total gross sale revenues to the City. Annual PILOT amount for the wastewater utility is calculated by multiplying actual wastewater revenues from prior year (Wastewater sales on Computer and Wastewater sales not BLACK & VEATCH I Wastewater Utility 6-5 Page 200 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study on Computer/ Dump Fees) and is projected to increase from $1,039,600 in 2021 to $1,236,900 in 2026. Line 17 in in Appendix 2 presents PILOT expense for the period 2021 through 2026. 6.3.4 Wastewater Debt Service Requirements The wastewater utility does not have any outstanding debt service obligations. The City does not anticipate any debt issuances during the study period, therefore no projected debt service for future debt as shown in Line 18 in Table S - 9 in Appendix 2. 6.3.5 Transfer to Shop Fund The transfer to the shop fund is made by the utility whenever a new vehicle (associated with new personnel) is purchased, thereby expanding the existing fleet. There are no projected transfers to the shop fund over the study period as shown in Line 20 in Table S - 9 in Appendix 2 6.3.6 Transfer to Operating Reserve The City maintains an operating reserve balance equivalent of ninety (90) days of following years' O&M budget. The transfer to operating reserve is projected to increase from $12,7100 in 2022 to $145,500 in 2026 reflecting the growth in the O&M budget. Line 21 in Table S - 9 in Appendix 2 presents transfer to the operating reserve for the period 2021 through 2026. 6.3.7 Wastewater Cash Financed Capital The City currently utilizes the following two sources of funding for the wastewater utility capital projects (1): transfer from operating revenues and (2) transfer from the impact fee fund. As stated in Section 6.2, the wastewater capital improvement program for the study period is $69 million, of which $67 million is projected to be funded from operating revenues and $2 million is from the impact fee fund. A capital project meets the requirements of using impact fees if the existing wastewater capacity is expanded due to growth. The construction contract and the budget amendment to change the source of funding to impact fee must be approved by the City Council. Table S - 8 in Appendix 2 presents the sources of funding for the wastewater capital improvement program. Line 22 in Table S - 9 in Appendix 2 presents transfer for cash financing of capital program for the period 2021 through 2026. 6.3.8 Transfer to Capital Reserve The wastewater utility, after meeting all the obligations stated in sections above, transfers the excess funds to the capital reserve fund. The capital reserve fund is used as a source for funding the capital program in the years that the revenues are not sufficient to meet the capital funding requirements. Line 23 in Table S - 9 in Appendix 2 presents transfer to and from the capital reserve for the period 2021 through 2026. 6.4 Wastewater Proposed Revenue Adjustments The annual revenue adjustments that are needed to achieve the defined financial performance objectives are determined by evaluating the funding gap between the projected annual revenue requirements and the projected revenues under existing rates. Table S - 9 in Appendix 2 provides a summary of the revenue and revenue requirements (financial plan) for the study period. Projected Revenue Under Existing Rates: Line 1 indicates that under existing rates (2022 rates) wastewater utility revenues will increase from $25.4 million in 2022 to $26.7 million in 2026. BLACK & VEATCH I Wastewater Utility 6-6 Page 201 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Projected Other Revenues: Line 8 indicates that the other revenues and interest income are anticipated to increase from $720,500 in 2022 to $727,000 in 2026. It is anticipated that all categories of other revenues will remain flat throughout the study period. The slight growth is due to the increase in interest income on the operating reserve. Projected Expenses: Line 14 indicates the total annual expenses for the wastewater utility are anticipated to increase from $17.4 million in 2022 to $19.8 million in 2026. Projected Transfers: Line 19 indicates the total annual transfers for the wastewater utility are anticipated to increase from $8.8 million in 2022 to $10.1 million in 2026. Funding Gap: The cash flow analysis indicates that the sum of revenues under existing rates and the other revenues is not adequate to fund the projected annual revenue requirements, thereby causing an operating deficit. Proposed Revenue Adjustments: To address the funding gap in the wastewater utility, a series of revenue adjustments are proposed as follows: 2024: 3% effective (January 1, 2024) 2025: 3% effective (January 1, 2025) 2026: 3% effective (January 1, 2026) Lines 2 through 7 in Table S - 9 present the amount of additional revenues generated each year with the proposed magnitude and timing of revenue adjustments. Figure 6-5 presents the projected revenue and revenue requirements through 2026 for the wastewater utility. Wastewater Utility Revenues and Revenue Requirements $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 2021 2022 2023 2024 2025 2026 O&M Expenses Cash Financing of Capital Other Transfers — — Revenues Under Existing Rates Revenues Under Proposed Rates Figure 6-5 - Wastewater Revenues and Revenue Requirements BLACK & VEATCH I Wastewater Utility 6-7 Page 202 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 10 in Appendix 2 presents the wastewater utility's operating reserve, capital reserve and impact fee fund balances. The City has identified the minimum balance requirements for each of the following funds: ■ O&M Reserve Balance: A cash balance of at least 90 days of the follow's year operating expenses. ■ Operating Fund Balance: A minimum target of $100,000. ■ Capital Fund Balance: A minimum target of $500,000. ■ Capital Reserve Fund Balance: An amount necessary to fully fund anticipate capital projects. As shown in Table S - 9, the proposed annual revenue adjustments will allow the water utility to meet the minimum fund balance requirements for all funds through 2026. 6.5 Wastewater Cost of Service A key step to developing an equitable rate structure involves the cost of service analysis. The financial plan discussed in sub sections 6.1 through 6.4 provides an estimate of the total annual revenue requirements for a given fiscal year. The test year for which the cost of service study was performed is 2023. The key components of the cost of service analysis are: Determination of Cost of Service (net revenue requirements); Determination of Functional Costs; Allocation of Functional Costs to Cost Components; and Distribution of Wastewater Utility Costs to Customer Classes 6.5.1 Determination of Cost of Service The first step is to determine the cost of service that is to be recovered from user rates and charges. As briefly discussed in Section 2.3, cost of service is defined as, and synonymous with, the "net revenue requirement" that is to be recovered for the test year through user rates and charges. Table S -11 in Appendix 2 presents the derivation of the cost of service to be recovered through the wastewater charges. As Line 18 in Table S - 11 indicated, wastewater cost of service for 2023 is projected to be $25.7 million. This cost of service consists of $17.3 million of net operation and maintenance expense and $8.4 million of net capital costs. As performed for the water utility, costs of services are apportioned among customer classes in this study on a Utility Basis. The depreciation expense and return on system investments that were already explained in Section 4.5.1 are applicable to the wastewater utility cost of service analysis as well. The depreciation expense associated with the wastewater utility is estimated in this study recognizing depreciation rates presently in use by the wastewater utility. This results in a projected test year depreciation expense of $8.3 million BLACK & VEATCH I Wastewater Utility M. Page 203 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study exclusive of depreciation on contributed plant, which is not recognized for cost allocation or rate design purposes. The contributed plant adjustment is consistent with generally accepted regulatory practices. Total return for the test year is projected to be $132,600 as shown on Line 17 of Table S - 11. 6.5.2 Determination of Functional Costs As a basis for developing an equitable rate structure, the test year cost of service should be allocated to the various customer classes according to respective service requirements. The basic underlying principle in developing cost of service rates is the determination of what elements in a wastewater system are responsible for causing the level of revenue requirements that is needed. To allocate the costs to customer classes, first the operating and capital costs of service are aggregated into "Functional Cost Centers." The functional costs are then further allocated to cost components. Each component cost is then apportioned to customer classes. Functional Cost Centers Functional cost centers of a wastewater utility represent the activities that contribute to the incurrence of O&M and capital costs. For a wastewater utility, they often include source of collection, pumping, conveyance, treatment, disposal, meters, billing, and other administration costs. Both the O&M and capital costs defined for the Test Year, discussed in 6.5.1, need to be allocated to functional cost centers. Functional Costs The capital costs associated with the functional cost centers are determined using detailed fixed assets data, provided by the City, for each class of asset that is currently in service, construction work in progress and projected capital improvement program for the test year. The total value of the fixed assets (referred to as "Net Plant Investment") in the system is usually presented as Original Cost Less Depreciation ("OCLD"). The total estimated OCLD value of the wastewater system is $200.0 million, as presented in Line 26 in Table S - 12 in Appendix 2. This plant investment is subsequently used as a basis for the allocation to cost components, discussed in the following subsection 6.5.3.2. The O&M costs for the Test Year are allocated to the various functional cost centers based on specific nature of costs. The allocation of the projected O&M cost of service (net operating revenue requirement) of $17.3 million, to the various functional cost centers is presented in Table S - 14 in Appendix 2. The various cost elements of wastewater service are assigned to functional cost components as the first step in the subsequent distribution of the costs of service to customer classes. 6.5.3 Allocation of Costs to the Functional Cost Components The principal functional cost components consist of volume related costs, strength related costs, and customer related costs. Volume costs are those which vary directly with the quantity of wastewater contributed. They consist of capital costs related to investment in system facilities which are sized on the basis of, or required BLACK & VEATCH I Wastewater Utility 6-9 Page 204 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study because of, wastewater volume. This also includes operation and maintenance expense related to those facilities, and the expense of volume related treatment chemicals and purchased power. Wastewater strength costs consist of the operation and maintenance expense and capital costs related to system facilities which are designed principally to treat the wastewater pollutant loadings of pollutants such as BOD, TSS, and other pollutants. BOD costs reflect costs associated with the treatment of influent BOD and include costs related to activated sludge aeration and disposal of BOD related sludge. Suspended solids strength costs are those costs of wastewater treatment which tend to vary according to the quantity of suspended solids in the raw wastewater. Customer costs are those which tend to vary in proportion to the number of customer bills or customers served. These include the wastewater utility share of customer related meter reading, billing, collection, and account expense. The delineation of costs of service into functional components provides a means of distributing such costs to the various customer classes based on the respective total wastewater volume, strength, and customer cost requirements of each. Wholesale customers generally do not use lateral wastewater lines as do retail users. Therefore, separate functional cost of service categories are designated for costs which are common to all customer classes and those which are common to retail service classes only. 6.5.3.1 Wastewater Utility Cost Allocation to Cost Components In establishing the costs associated with each functional cost component, the return portion of the test year cost of service is distributed to cost functions based on an allocation of the estimated test year value of wastewater system facilities. The test year depreciation expense associated with each major element of plant facilities is allocated to cost functions in the same manner as the plant value. Operating expense is similarly allocated to cost functions based on the projected test year expense estimated for each wastewater system component. 6.5.3.2 Allocation of Net Wastewater Plant Investment The estimated test year value of wastewater facilities consists of net plan in service as of December 31, 2019, the 2020 construction work in progress, and the estimated cost of proposed capital improvements expected to be in service by the end of calendar year 2022. Table S - 12 in Appendix 2 presents the allocation of the wastewater utility's total estimated plant value less contributions on an original cost less depreciation value basis. Total plant investment is estimated to be $200.0 million as indicated by Line 26 of the Table S - 12. Plant investment is allocated to cost components on a design basis recognizing the principal purpose governing the design of the facility. The allocation of net plant investment provides the basis for allocation of depreciation expense. The Owl Creek Lift Station and Force Main serve only the City of Fayetteville, hence the plant investment associated with Owl Creek is allocated directly to the City of Fayetteville customers. Additionally, the outside City customers maintain their own wastewater connections, hence, the plant investment associated with wastewater connections is allocated 100% to the City of Fayetteville customers. BLACK & VEATCH I Wastewater Utility 6-10 Page 205 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study The City has a contract with the City of Farmington stipulating that Farmington will be allocated 8.2% of the costs associated with the West Treatment Plant. Hence, 8.2% of the West Treatment Plant's investment is allocated directly to the City of Farmington customers. Wastewater collection net plant is allocated 41% to both retail and wholesale (common to all) and 59% to retail only based on the ratio of interceptors (large diameter mains) which is 41% of the collection system. 6.5.3.3 Allocation of Wastewater Facilities Depreciation Expense As explained in Section 4.5.3.3, depreciation expense is a real part of the cost of operating a utility. The total estimated depreciation cost (excluding depreciation on contributed facilities) for the wastewater system is $8,259,600 as presented on Line 26 in Table S - 13 in Appendix 2. The items of expense are allocated to cost components on the same design or cost causative basis used to allocate plant investment. Hence, the depreciation expense associated with Owl Creek Lift Station and Force main and Wastewater connections is directly allocated to the City of Fayetteville customers and 8.2% of the West Treatment Plant's depreciation is allocated directly to the City of Farmington customers. 6.5.3.4 Allocation of Wastewater Utility Operating Expenses Table S -14 in Appendix 2 presents the allocation of operation and maintenance expense to functional cost components. Total test year operation and maintenance expense, as shown on Line 10 of this table, amounts to $18.1 million. Operating expenses are allocated to functional cost components in generally the same manner as plant investment. 6.5.4 Distribution of Wastewater Utility Costs to Customer Classes The total cost responsibility of each customer class is determined by developing unit costs of service for each cost component and applying the unit costs to the respective service requirements of each class. In accomplishing this, each customer class is allocated the share of volume, strength, and customer costs for which it is responsible. 6.5.4.1 Wastewater Customer Classification Customer classes consist of residential, non-residential, industrial and wholesale. The residential class includes single family residential, duplex, fourplex, apartment, multi -unit residential and rooming house customers. The non-residential class includes commercial, combination, construction, government, and non-profit customers. Outside City includes Farmington, Greenland, Washington County/Growth Area and Johnson. Wholesale includes the community of Elkins and West Fork. 6.5.4.2 Wastewater Units of Service Derivation of the responsibility of customer classes for costs of service require that each class be allocated a portion of the volume, strength, and customer costs of service according to their respective service requirements. The cost of service responsibility for volume costs, which vary with the volume of wastewater contributed to the wastewater system, is distributed to customer classes on that basis. Strength costs are principally related to the function of reducing wastewater suspended solids, and BOD strength loading. Customer costs, which consist of meter related costs, billing, collection and accounting costs, are allocated on the basis of equivalent meters and monthly bills. BLACK & VEATCH I Wastewater Utility 6-11 Page 206 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study The estimated test year service requirements or units of service for the various customer classes are shown in Table S - 15 in Appendix 2. Wastewater collected and treated consists of two elements: (1) sanitary wastewater flow and (2) infiltration/inflow (1/1) of ground water into the sewers. Contributed wastewater flow is that portion of the annual water use and/or other flows from each customer class that are discharged to the wastewater system. Estimates of the contributed volume of each class is generally based upon wastewater billing records. For residential customers, the billed wastewater volume is based on average water consumption for the preceding months of December, January and February. This methodology of using a winter quarter average for quantity of wastewater flows is used to exclude outdoor uses such as irrigation, which do not return water to the collection system. For all other customer classes, the billed wastewater volume is the same as the water volume. The difference between the measured plant influent and the customer contributed wastewater flow is attributed to Infiltration and Inflow (1/1) volume. Based on discussions with the City staff, 40% of the total treated volume is assumed to be 1/1 flows. Each customer class should bear its proportionate share of the costs associated with 1/I, as it is integral aspect of wastewater system costs. The number of customer connections to a wastewater collection system and the volume of customer flows conveyed both influence the extent of 1/1 in a system. Recognizing that the major cost responsibility for 1/1 is allocable on an individual connection basis, two-thirds of the total 1/1 volume projected is allocated to customer classes based on the number of customers with the remaining one-third allocated on the basis of contributed volume. Estimated total strength units shown for each customer class are based on an average BOD concentration of 365 milligrams per liter (mg/1) and an average suspended solids concentration of 285 mg/I. 1/1 strength allowances for BOD and suspended solids are assumed at 25 mg/I and 50 mg/I, respectively. Estimated BOD and suspended solids responsibilities of each customer class presented in Table S - 15 in Appendix 2 are based on the respective indicated average strength concentrations and contributed wastewater and 1/1 volumes for each class. Customer billing and accounting costs are distributed to classes on the basis of the number of bills for each customer class (Column 7) in Table S - 15. Customer related meter and service costs are allocated on the basis of the number of equivalent 3/4 inch meters serving each customer class. The number of equivalent meters in each customer class (Column 8) is estimated by relating typical costs for meters and services larger than 3/4 inch in size to the typical cost of a 3/4 inch meter. 6.5.5 Wastewater Utility Customer Class Costs of Service Unit costs of service are developed by dividing the total cost allocated to each functional cost component by the total applicable units of service. The customer class responsibility for service is obtained by applying unit costs of service to the number of units for which the customer class is responsible. The wastewater utility has been built with the provision for service to customers outside the City, yet the inside City customers must bear the responsibility of providing system facilities by undertaking the necessary investment. Revenues derived from outside City service should provide a margin of return on capital adequate to induce the citizens of Fayetteville to bear the risks of providing outside City service. To recognize the proprietary interest and responsibility of inside City customers in the system, it is proper to charge outside City customers, in addition to their share of operating expense and depreciation, a reasonable return on their allocated portion of value. A 7.0% (4.0 % for future debt BLACK & VEATCH I Wastewater Utility 6-12 Page 207 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study service plus 3.0% risk component) annual rate of return on the value of wastewater facilities serving outside City customers is recognized for purposes of this study. Table S -16 in Appendix 2 shows the development of the unit costs of service applicable to each cost function. Lines 1 through 3 summarize the units of service developed in Table S - 15. Total allocated costs or investment shown on Lines 5, 7, and 9 were previously developed in Table S - 14, Table S - 13 and Table S - 12, respectively. Total allocated unit costs of service for inside City and outside City customers (Line 18, Line 19, Line 20 and Line 21) are determined by adding the unit costs for net operating expense (Line 6) and depreciation expense (Line 8) to the respective inside and outside City unit costs for return on investment (Lines 11 and 12). These unit costs applied to the respective units of service shown on Lines 1,2 and 3 determine the allocated total costs of service for inside and outside City customers shown on Lines 18 through 21. In order to determine the allocated costs for each customer class, the costs are allocated to the various customer classes by applying the appropriate unit cost of service to the respective service requirements of each customer class. Table S -17 in Appendix 2 shows the resulting allocated cost of service by customer class, revenue under existing rates, and the indicated increase or decrease in revenue required to meet the allocated cost of service. BLACK & VEATCH I Wastewater Utility 6-13 Page 208 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 7.0 Wastewater Rate Design The principal consideration in establishing wastewater rate schedules is to establish charges to recover costs that are reasonably commensurate with the cost of providing wastewater service. The revenue requirements and cost of service allocations described in the preceding sections provide the basis for adjusting wastewater rates. The revenue requirements show the need for adjustment and the level of revenue required. This cost of service analysis provides the unit costs of service to be used in the rate design process and gives a basis for determining whether resultant rates will generate revenues which recover costs of service from customer classes in proportion to service required and provide the total level of revenue required. 7.1 Existing Wastewater Rates The existing schedule of rates for wastewater service became effective on January 1, 2022. For retail customers, these rates include a monthly base charge bill, which varies by meter size. The volume charge varies by customer class. Surcharge rates are based on excess strength of BOD and TSS. The existing wastewater rate structure is described in Section 3.3.2. The existing schedule of base and volume rates for wastewater service is shown in Table S - 3 in Appendix 2. 7.2 Proposed Wastewater Rates The cost of service study described in preceding sections of this report provides a basis for the design of a schedule of wastewater rates to meet those costs. Proposed wastewater rates have been designed to meet the test year allocated costs of service and are presented in Table S - 18. The proposed rate structure presented in Figure 7 - 1 is similar to the existing structure. Figure 7 - 1 Proposed Wastewater Rate Structure • Base Charge by Meter Size Retail Inside City (Residential, Non -Residential and Major Industrial); Retail Outside City (Residential, Non -Residential and Major Industrial); • Volume Rate (2-Tier Inclining Block) Retail Inside City Residential Based on winter water usage of December, January and February Volume Rate (Uniform) Retail Inside City (Non -Residential and Major Industrial) Retail Outside City (Residential, Non -Residential and Major Industrial) Volume Rate ( Uniform) Wholesale As already explained in Section 5.2, practical rate design should consider multiple factors including previous rate levels, customer bill impact, and magnitude of cost shifts among customer classes. BLACK & VEATCH I Wastewater Rate Design 7-14 Page 209 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study A comparison of estimated test year revenue under the proposed rates with allocated costs of service for each of the customer classes is shown in Table S - 19 in Appendix 2. This comparison indicates the proposed rates will recover revenues from inside and outside City customer groups reasonably commensurate with the cost of service and practical considerations previously noted. To better reflect the total effect the proposed rates have on customer bills, a comparison of typical bills under existing rates and the rates proposed to become effective January 1, 2023, is shown in Table S - 20. 8.0 Combined Water and Wastewater Utilities Table C - 1 in Appendix 3 presents the combined operating reserve, capital reserve and impact fee fund balances. Table C - 2 in Appendix 3 provides a summary of the combined revenue and revenue requirements (financial plan) for the study period. The revenue under existing rates are not sufficient to meet the obligations of the two utilities. As discussed in Section 4 and Section 6, a series of annual 3% proposed revenue adjustments enable the utilities to meet their operating, capital and reserve obligations. Figure 8-1 presents the projected revenue and revenue requirements through 2026 for the wastewater utility. Water and Wastewater Revenues and Revenue Requirements $70,000,000 $60,000,000 _ 550,000,000 _ 540,000,000 $30,000,000 $20,000,000 $10,000,000 so 2021 2022 2023 2024 2025 2026 O&M Expenses Cash Financing of Capital Other Transfers — Revenues Under Existing Rates Revenues Under Proposed Rates Figure 8-1 - Water and Wastewater Revenues and Revenue Requirements Table C - 2 in Appendix 3 presents the combined water and wastewater operating reserve, capital reserve and impact fee fund balances. The City has identified the minimum balance requirements for each of the following funds: O&M Reserve Balance: A cash balance of at least 90 days of the follow's year operating expenses. Operating Fund Balance: A minimum target of $200,000. BLACK & VEATCH I Combined Water and Wastewater Utilities 8-15 Page 210 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Capital Fund Balance: A minimum target of $1,000,000. Capital Reserve Fund Balance: An amount necessary to fully fund anticipated capital projects. As shown in Table C - 2, the proposed annual revenue adjustments will allow the utilities on a combined basis to meet the minimum fund balance requirements for all funds through 2026. A comparison of combined water and wastewater typical bills under existing rates and the rates proposed to become effective January 1, 2022, is shown in Table C - 3. 9.0 Disclaimer This report was prepared for the City of Fayetteville (Client) by Black & Veatch Management Consulting, LLC (Black & Veatch) and is based on information provided by the Client not within the control of Black & Veatch. While it is believed that the information, data and opinions contained herein will be reliable under the conditions and subject to the limitations set forth in this report, Black & Veatch does not guarantee the accuracy thereof. Black & Veatch has assumed that the information provided by others, both verbal and written, is complete and correct. The projections set forth in this report are intended as "forward -looking statements." In formulating these projections, Black & Veatch has made certain assumptions with respect to conditions, events, and circumstances that may occur in the future. While Black & Veatch believes the assumptions are reasonable actual results may differ materially from those projected, as influenced by the conditions, events, and circumstances that occur. As such, Black & Veatch does not take responsibility for the accuracy of data or projections provided by or prepared on behalf of the Client, nor does Black & Veatch have any responsibility for updating this report for events occurring after the date of this report. Use of this report or any information contained therein by any party other than the Client, shall constitute a waiver and release by such third party of Black & Veatch from and against all claims and liability, including but not limited to liability for special, incidental, indirect or consequential damages in connection with such use. Such use of this report by a third party shall constitute agreement by the third party user that its rights, if any, arising from this report shall be subject to the terms of this Report Limitations, and in no event shall the third party's rights, if any, exceed those of the Client under its contract with B&V. The benefit of such releases, waivers, or limitations of liability shall extend to the related companies and subcontractors of any tier of B&V, and the shareholders, directors, officers, partners, employees, and agents of all released or indemnified parties. BLACK & VEATCH I Disclaimer 9-16 Page 211 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 10.0 Appendix 1: Water Tables Table W - 1 - Water Projected Number of Accounts Line 1 2 Inside City Residential Non -Residential 35,200 3,500 35,800 3,500 Projected 36,400 3,500 37,100 3,500 37,700 3,500 38,400 3,500 3,200 0 3 Industrial 21 21 21 21 21 21 0 200 4 5 Irrigation Private Fire 2,000 713 2,100 713 2,100 713 2,100 713 2,200 713 2,200 713 0 6 7 Subtotal Outside City Residential 41,434 6,500 42,134 6,600 42,734 6,800 43,434 6,900 44,134 7,100 44,834 7,200 3,400 700 8 Non -Residential 400 400 400 500 500 500 100 9 Industrial 0 0 0 0 0 0 0 10 Irrigation 271 277 285 292 299 307 37 11 Private Fire 14 14 14 14 14 14 0 12 13 Subtotal Wholesale Elkins 7,185 1 7,291 1 7,499 1 7,706 1 7,913 1 8,021 1 837 0 14 Mount Olive 2 2 2 2 2 2 0 15 West Fork 1 1 1 1 1 1 0 16 RDA/WWA 4 4 4 4 4 4 0 17 18 19 Subtotal Total %Change 8 48,627 3.26% 8 49,433 1.66% 8 50,241 1.63% 8 51,148 1.81% 8 52,055 1.77% 8 52,863 1.55% 0 4,237 8.71% BLACK & VEATCH I Appendix 1: Water Tables Page 212 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 2 - Water Projected Billed Volume (1,000 Gallons) Line Projected 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. Inside City 1 Residential 1,896,300 1,769,800 1,800,800 1,832,300 1,864,400 1,897,000 700 2 Non -Residential 678,600 827,100 827,100 827,100 827,100 827,100 148,500 3 Industrial 322,300 401,800 401,800 401,800 401,800 401,800 79,500 4 Irrigation 249,600 244,300 248,600 252,900 257,300 261,800 12,200 5 Subtotal 3,146,800 3,243,000 3,278,300 3,314,100 3,350,600 3,387,700 240,900 Outside City 6 Residential 427,900 385,700 394,600 403,800 413,300 423,100 -4,800 7 Non -Residential 51,300 65,600 66,400 67,300 68,300 69,200 17,900 8 Irrigation 28,400 24,400 25,000 25,700 26,400 27,100 -1,300 9 Subtotal 507,600 475,700 486,000 496,800 508,000 519,400 11,800 Wholesale 10 Elkins 81,000 75,000 75,000 75,000 75,000 75,000 -6,000 11 Mount Olive 68,900 62,100 62,100 62,100 62,100 62,100 -6,800 12 West Fork 69,200 65,200 65,200 65,200 65,200 65,200 -4,000 13 RDA/WWA 0 0 0 0 0 0 0 14 Subtotal 219,100 202,300 202,300 202,300 202,300 202,300 -16,800 15 Total 3,873,500 3,921,000 3,966,600 4,013,200 4,060,900 4,109,400 235,900 16 %Change 1.26% 1.23% 1.16% 1.17% 1.19% 1.19% 6.09% BLACK & VEATCH I Appendix 1: Water Tables Page 213 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 3 - Water Existing Rates Existing Water Rates Effective January 1, 2022 Inches $/month $/month $/month $/month $/month 5/8 6.59 7.54 8.31 3/4 6.59 7.54 8.31 1 9.14 10.52 11.49 9.75 11.68 1 1/2 15.93 18.31 20.00 10.17 12.10 2 23.20 26.66 29.07 20.33 23.37 3 54.05 62.18 64.38 30.48 35.06 4 89.50 102.93 112.25 60.97 70.11 6 178.99 205.82 212.76 169.34 197.74 8 268.41 308.67 332.91 355.65 409.00 10 609.68 701.11 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. Residential 0 - 2,000 Gallons 3.51 4.04 2,000 - 15,000 Gallons 4.65 5.35 Over 15,000 Gallons 6.59 7.54 Non -Residential First 300,000 Gallons 3.79 4.38 Over 300,000 Gallons 3.39 3.90 Major Industrial All Usage 2.96 3.40 Irrigation First 300,000 Gallons 5.04 5.80 Over 300,000 Gallons 4.53 5.22 Wholesale Reduced Peak Demand 2.87 Peak Demand 3.20 BLACK & VEATCH I Appendix 1: Water Tables Page 214 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 4 - Water Projected Revenues Under Existing Rates Line Projected S S S S S S Inside City 1 Residential 11,196,100 11,001,700 11,194,200 11,390,100 11,589,500 11,792,300 996,200 2 Non -Residential 2,844,700 3,476,000 3,476,000 3,476,000 3,476,000 3,476,000 631,300 3 Industrial 933,000 1,196,700 1,196,700 1,196,700 1,196,700 1,196,700 263,700 4 Irrigation 1,410,700 1,431,200 1,456,300 1,481,800 1,507,700 1,534,100 123,400 5 Private Fire 967,600 967,600 967,600 967,600 967,600 967,600 0 6 Subtotal 17,352,100 18,073,200 18,290,800 18,512,200 18,737,500 18,966,700 1,614,600 Outside City 7 Residential 2,743,800 2,614,600 2,674,900 2,737,200 2,801,400 2,867,700 123,900 8 Non -Residential 258,700 328,200 333,000 338,000 343,300 348,800 90,100 9 Industrial 0 0 0 0 0 0 0 10 Irrigation 190,000 173,400 177,900 182,500 187,400 192,400 2,400 0 11 Private Fire 27,100 27,100 27,100 27,100 27,100 27,100 12 Subtotal 3,219,600 3,143,300 3,212,900 3,284,800 3,359,200 3,436,000 216,400 Wholesale 13 Elkins 226,800 216,200 216,200 216,200 216,200 216,200 -10,600 14 Mount Olive 193,900 179,800 179,800 179,800 179,800 179,800 -14,100 15 West Fork 194,000 188,100 188,100 188,100 188,100 188,100 -5,900 16 RDA/WWA 0 0 0 0 0 0 0 17 Subtotal 614,700 584,100 584,100 584,100 584,100 584,100 -30,600 18 Total 21,186,400 21,800,600 22,087,800 22,381,100 22,680,800 22,986,800 1,800,400 19 %Change 4.28% 2.90% 1.32% 1.33% 1.34% 1.35% 8.50% (a) Reflects 3.0% revenue increase effective January 1, 2022. Table W - 5 - Water Projected Other Revenues Line 1 2 Water Impact Fee Revenue Water Sales Not on Computer S 976,300 300 S 976,300 300 Projected S 976,300 300 S 976,300 300 S 976,300 300 S 976,300 300 0 0 3 Water Connection Fees 162,000 162,000 162,000 162,000 162,000 162,000 0 4 Rural Water Connection Fees 2,700 2,700 2,700 2,700 2,700 2,700 0 5 Service Charge/Trip Fee - Billed Service 9,500 9,500 9,500 9,500 9,500 9,500 0 6 Tampering Fee - Billed Service 200 200 200 200 200 200 0 7 Penalties 103,700 207,400 207,400 207,400 207,400 207,400 103,700 20,200 8 Safe Drinking Water Fee 230,000 233,800 237,800 241,800 245,900 250,200 9 10 Total %Change 1,484,700 -0.99% 1,592,200 7.24% 1,596,200 0.25% 1,600,200 0.25% 1,604,300 0.26% 1,608,600 0.27% 123,900 8.35% BLACK & VEATCH I Appendix 1: Water Tables Page 215 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 6 - Water Capital Improvement Program 1 2 3 Water System Rehabilitation/Replacement Water Tank Improvements Water Storage & Pump Station Maintenance 2,060,000 1,030,000 103,000 0 1,060,900 106,100 2,185,500 1,092,700 109,300 2,251,000 1,125,500 112,600 2,318,500 1,159,300 115,900 0 2,149,300 0 4 Water Meters 849,800 875,200 901,500 928,500 956,400 0 5 Backflow Prevention Assemblies 51,500 53,000 54,600 56,300 58,000 0 6 W/S Improvements defined by Study (West Water Transmission Line) 618,000 636,500 655,600 675,300 695,600 4,776,200 7 Water Impact Fee Improvements 412,000 424,400 437,100 450,200 463,700 0 8 Utilities Financial Services Improvements 0 11,100 3,300 1,700 8,700 0 9 Water/Sewer Relocations - Bond Projects 174,600 265,200 273,200 281,400 289,800 0 10 Water/Sewer Impact Fee Cost Sharing 0 79,600 82,000 84,400 86,900 0 11 Utilities Technology Improvements 0 228,100 234,900 130,000 10,400 0 12 Water/Sewer Building -Office Improvements 0 26,500 27,300 28,100 29,000 0 13 Water/Sewer Equipment Expansions 0 26,500 27,300 28,100 29,000 0 14 Water & Sewer Rate/Operational Studies 0 10,600 10,900 11,300 11,600 0 15 Phosphorus Standards Management 0 26,500 27,300 28,100 29,000 0 16 Water & Sewer Technology Equipment Replacements 0 0 0 0 0 0 17 Water & Sewer Improvements Defined By Study 0 0 0 0 0 0 18 Huntsville Water Line Replacement (6 -inch upto 8-inch) 776,300 0 0 0 0 0 19 Benson Water Tank 1,030,000 338,200 0 0 0 0 20 East Water Service Improvements - Township 3,290,600 0 0 0 0 0 21 South Garland Ave Waterline Replacement 253,800 0 0 0 0 0 22 East Water Service Improvements CS 3 (Gulley, PS, Goshen Lines) 0 5,304,500 0 0 0 0 23 Ila/Oaks Manor/Persimmon Waterline Replacements 927,000 0 0 0 0 0 24 Western Park Waterline Replacement 309,000 0 0 0 0 0 25 N. College Waterline Replacement- upgrade from 8" to 12" 0 0 2,185,400 0 0 0 26 Total Capital Improvement Program 11,885,600 9,472,900 8,307,900 6,192,500 6,261,800 6,925,500 (a) Capital costs reflect 3%annual inflation starting in 2021. Table W - 7 - Water Projected O&M Expenses 1 Personal Costs 3,433,900 3,580,100 3,732,600 3,891,600 4,057,400 4,230,400 2 Materials and Supplies 968,100 997,100 1,027,000 1,057,800 1,089,600 1,122,200 3 Services and Charges 9,994,600 10,294,400 10,603,300 10,921,400 11,249,000 11,586,500 4 Motorpool 837,100 862,200 888,000 914,700 942,100 970,400 5 Cost Allocation 631,100 650,000 669,500 689,600 710,300 731,600 6 Maintenance 85,800 88,400 91,100 93,800 96,600 99,500 7 8 Total %Change 15,950,600 1.91% 16,472,200 3.27% 17,011,500 3.27% 17,568,900 3.28% 18,145,000 3.28% 18,740,600 3.28% BLACK & VEATCH I Appendix 1: Water Tables Page 216 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 8 - Capital Program Financing S S S S S S Sources of Funds 1 Funds Available at Beginning of Year 500,200 506,800 501,700 501,700 503,600 508,700 2 Cash Financing of Capital Projects 5,460,000 9,050,000 6,860,000 6,110,000 6,180,000 6,920,000 3 Transfer from Impact Fee Fund 6,432,200 417,800 1,447,900 84,400 86,900 0 4 Subtotal 12,392,400 9,974,600 8,809,600 6,696,100 6,770,500 7,428,700 Application of Funds 5 Major Capital Improvements 11,885,600 9,472,900 8,307,900 6,192,500 6,261,800 6,925,500 6 Subtotal 11,885,600 9,472,900 8,307,900 6,192,500 6,261,800 6,925,500 7 End of Year Balance 506,800 501,700 501,700 503,600 508,700 503,200 8 Capital Reserve EOY Balance - Cumulative 12,915,000 8,453,000 6,559,000 5,789,000 5,359,000 4,634,000 BLACK & VEATCH I Appendix 1: Water Tables 10-6 Page 217 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 9 - Water Operating Cash Flow 1 Revenues Revenue Under Existing Rates 21,186,600 21,800,700 22,087,800 22,381,200 22,680,800 22,986,900 2 Indicated Revenue Increases 0% Increase Effective January 1, 2022 0 0 0 0 0 3 0% Increase Effective January 1, 2023 0 0 0 0 0 4 3 % Increase Effective January 1, 2024 0 0 615,500 680,400 689,600 5 6 3 % Increase Effective January 1, 2025 3% Increase Effective January 1, 2026 0 0 0 0 0 0 642,400 0 710,300 670,600 7 Total Revenue from Rates 21,186,600 21,800,700 22,087,800 22,996,700 24,003,600 25,057,400 8 Other Revenues (a) 533,100 641,500 644,200 649,800 655,800 662,300 9 Total Revenue 21,719,700 22,442,200 22,732,000 23,646,500 24,659,400 25,719,700 10 Expenses Operating Expenses 15,950,600 16,472,200 17,011,500 17,568,900 18,145,000 18,740,600 11 Bad Debt 105,900 109,000 110,400 115,000 120,000 125,300 12 PILOT 900,400 926,500 938,700 977,400 1,020,200 1,064,900 13 Safe Drinking Water Fee 230,000 233,800 237,800 241,800 245,900 250,200 14 Debt Service 0 0 0 0 0 0 15 Total Expenses 17,186,900 17,741,500 18,298,400 18,903,100 19,531,100 20,181,000 16 Transfers Transfer to Shop Fund 33,000 0 0 0 0 0 17 Transfer to Operating Reserve 128,600 133,000 137,500 142,000 146,900 151,800 18 Cash Financing of Capital 5,460,000 9,050,000 6,860,000 6,110,000 6,180,000 6,920,000 19 Transfer to/from Capital Reserve -1,093,000 -4,479,000 -2,567,500 -1,505,000 -1,210,000 -1,522,000 20 Total Transfers 4,528,600 4,704,000 4,430,000 4,747,000 5,116,900 5,549,800 Fund Balance 21 Beginning Balance 99,400 103,600 100,300 103,900 100,300 111,700 22 Annual Operating Balance 4,200 -3,300 3,600 -3,600 11,400 -11,100 23 Ending Fund Balance 103,600 100,300 103,900 100,300 111,700 100,600 Performance Metrics 24 Debt Service Coverage NA NA NA NA NA NA 25 0&M Reserve Balance (Days) (b) Q 900 900 900 900 900 90 (a) Includes interest income on operating fund balance. (b) Mininum requirement is 90 days of following year's Operating Expenses. BLACK & VEATCH I Appendix 1: Water Tables Page 218 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 10 - Water Fund Balances S $ $ $ S S Operating Funds 1 O&M Reserve Balance (a) 4,061,600 4,194,600 4,332,100 4,474,100 4,621,000 4,772,800 2 Operating Fund Balance (b) 103,600 100,300 103,900 100,300 111,700 100,600 3 Total (e) 4,165,200 4,294,900 4,436,000 4,574,400 4,732,700 4,873,400 Capital Funds 4 Capital Fund Balance (c) 506,800 501,700 501,700 503,600 508,700 503,200 5 Capital Reserve Fund Balance (d) 12,915,000 8,436,000 5,868,500 4,363,500 3,153,500 1,631,500 6 Total (e) 13,421,800 8,937,700 6,370,200 4,867,100 3,662,200 2,134,700 7 Impact Fee Fund Balance (e) 22,800 581,300 109,700 1,001,600 1,891,000 2,867,300 (a) Calculated as 90 days of followingyear's Operating Expenses. (b) Target mininum balance is $100,000 to account for any adjustments that may be needed to the O&M balance at the end of the year. (c) Target mininum balance is $500,000. (d) Does not include expenses associated with facilities master plan to be completed in FY 2022 (e) All balances are cumulative. BLACK & VEATCH I Appendix 1: Water Tables 10-8 Page 219 of 402 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Revised Draft 06/08/2022 Table W - 11- Water 2023 Cost of Service S Statement of Net Revenue Requirements (Cash Basis) ►j Fi 1 2 Revenue Requirements O&M Expenses Bad Debt Expense 17,011,500 110,400 17,011,500 110,400 3 PILOT 938,700 938,700 4 Debt Service 0 0 Other Expenditures & Transfers: Transfer to Shop Fund (Capital Outlay) 5 Transfer to Operating Reserve 137,500 137,500 6 Cash Funding of Capital Projects 6,860,000 6,860,000 7 Transferto Capital Reserve -2,567,500-2,567,500 8 Subtotal 18,198,100 4,292,500 22,490,600 Less Revenue Requirements Met from Other Sources 9 Other Revenues 10 Interest Earned 11 Net Balance Available 12 Full Year Rate Adjustment 13 Subtotal 14 Net Revenue Requirements to be Recovered by Restatement of Net Cost of Service (Utility Basis) 15 O&M Expenses 16 Depreciation 17 Return 18 Net Cost of Service 382,100 382,100 24,300 24,300 -3,600 -3,600 406,400 -3,600 402,800 17,791,700 4,296,100 22,087,800 17,791,700 17,791,700 2,820,100 2,820,100 17,791,700 4,296,100 22,087,800 BLACK & VEATCH I Appendix 1: Water Tables Page 220 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 12 - Water 2023 Allocation of Net Plant Investment to Functional Cost Components s s s s s s s s s s Net Plant Investment: 1 Water Land and Land Rights 2,191,756 1,043,693 1,148,063 2 Water Supply 6,819,846 3,247,546 3,572,300 3 Water Storage and Pumping 6,090,361 2,900,172 3,190,189 4 Water Transmission 26,043,791 12,401,805 13,641,986 5 Water Distribution 47,479,642 17,391,810 9,565,496 5,478,420 15,043,916 6 Water Meters 3,289,003 3,289,003 7 Fire Hydrants 7,535,573 7,535,573 8 Water General System 4,537,529 761,641 837,805 925,847 581,994 249,960 836,462 343,820 9 Total Net Plant Investment 103,987,502 17,454,685 19,200,154 0 21,217,829 13,337,679 5,728,380 19,169,381 0 7,979,393 Table W - 13 - Water 2023 Allocation of Net Annual Depreciation to Functional Cost Components Net Depreciation Expense: 1 Water Land and Land Rights 2 Water Supply 277,295 132,045 145,250 3 Water Storage and Pumping 219,139 4 Water Transmission 706,125 336,250 369,875 5 Water Distribution 1,134,421 6 Water Meters 169,405 7 Fire Hydrants 215,879 8 Water General System 97,807 16,825 18,508 9 Total Net Depreciation Expense 2,820,070 485,120 533,632 104,352 114,787 415,539 228,546 130,895 359,441 169,405 215,879 18,679 12,336 4,703 19,001 7,756 0 538,570 355,669 135,598 547,847 0 223,635 Table W - 14 - Water 2023 Allocation of O&M Expenses to Functional Cost Components s s s s s s s s s s s 1 Water Purchased 9,611,754 4,577,026 5,034,728 2 Water Storage and Pumping 269,987 98,896 108,786 62,305 3 Water Distribution (a) 3,105,785 1,005,654 1,251,415 716,720 100,939 31,058 4 Meter Services(b) 1,007,563 1,007,563 5 Customer Billing(c) 1,051,559 1,051,559 6 All Other Cost 3,151,452 958,637 1,054,501 231,343 294,888 163,163 211,029 220,244 21,141 6,505 7 Subtotal 18,198,100 5,535,663 6,089,229 0 1,335,894 1,645,089 942,187 1,218,592 1,271,804 122,079 37,563 Less: 8 Water Connection Fees(d) 164,700 164,700 9 Other Income Sources 241,700 89,707 80,875 17,743 21,949 12,514 16,892 1,621 499 10 Subtotal 406,400 89,707 80,875 17,743 21,849 12,514 164,700 16,892 1,621 499 11 Net O&M Expenses 17,791,700 5,445,956 6,009,355 1,318,151 1,623,240 929,674 1,053,892 1,254,912 120,458 37,064 (a) 3.2511 of 2020 water repair costs was associated with hydrants. (b) Includes costs for Meter Reading and Meter Maintenance and Backflow prevention (c) Includes costs under Utilities Financial Services (d) Includes revenues from Water Connection Fees and Rural Water Connection Fees BLACK & VEATCH I Appendix 1: Water Tables Page 221 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 15 - Water 2023 Estimated Units of Service 1,000 gal. 1,000 ga 1. 1,000 gal. 1,000 ga 1. 1,000 ga 1. 1,000 ga 1. Eq-.Meters Bills =quiv. HydrantEqum Hydrants (1)/365 (2)z(3) (4)- (2) (2)X (6) (7)-(4) Inside City 1 Residential 1,800,801 4,934 250% 12,334 7,401 370% 18,255 5,920 34,939 437,192 2 Non -Residential 827,079 2,266 240% 5,438 3,172 355% 8,044 2,606 6,761 41,712 3 Industrial 401,767 1,101 200% 2,201 1,101 295% 3,247 1,046 261 252 4 Irrigation 248,556 681 240% 1,634 953 355% 2,417 783 3,141 25,333 5 Subtotal 3,278,204 8,981 21,608 12,627 31,964 10,355 45,102 504,489 Fire Protection 6 Public 4,201 4,201 10,083 5,882 4,035 7 Private 491 491 1,179 688 472 8 Subtotal 3,278,204 8,981 26,300 17,319 43,226 16,925 45,102 504,489 4,035 472 Outside City Farmington 9 Residential 85,288 234 250% 584 350 370% 865 280 1,762 23,614 30 Non -Residential 17,853 49 240% 117 68 355% 174 56 245 2,431 11 Industrial 200% 295% 12 Irrigation 1,359 4 240% 9 5 355% 13 4 46 480 13 Subtotal 104,500 286 710 424 1,051 341 2,053 26,525 Greenland 14 Residential 19,818 54 250% 136 81 370% 201 65 458 5,676 15 Non -Residential 4,298 12 240% 28 16 355% 42 14 59 588 16 Industrial 200% 295% 17 Irrigation 1,230 3 240% 8 5 355% 12 4 20 96 18 Subtotal 25,345 69 172 103 251 83 537 6,360 Washington County/Growth 19 Residential 198,114 543 250% 1,357 814 370% 2,008 651 2,618 34,384 20 Non -Residential 24,123 66 240% 159 93 355% 235 76 109 1,368 21 Industrial 200% 295% 22 Irrigation 14,574 40 240% 96 56 355% 142 46 188 1,884 23 Subtotal 236,811 649 1,611 963 2,385 773 2,915 37,635 Johnson 24 Residential 6,718 18 250% 46 28 370% 68 22 158 2,064 26 Non -Residential 8,320 23 240% 55 32 355% 81 26 35 240 27 Industrial 200% 295% 28 Irrigation 77 0 240% 1 0 355% 1 0 3 24 29 Subtotal 15,115 41 101 60 150 49 196 2,328 Goshen/White River 30 Residential 84,663 232 250% 580 348 370% 858 278 1,054 15,447 31 Non -Residential 11,837 32 240% 78 45 355% 115 37 52 768 32 Industrial 200% 295% 33 Irrigation 7,781 21 240% 51 30 355% 76 25 86 931 34 Subtotal 104,281 286 709 423 1,049 340 1,192 17,146 Fire Protection 35 Public 696 696 1,669 973 668 36 Private 12 12 29 17 12 37 Subtotal 486,052 1,332 4,012 2,680 6,588 2,575 6,892 89,994 668 12 38 Total Retail 3,764,256 10,313 30,312 19,999 49,813 19,501 51,994 594,483 Wholesale 39 Elkins 75,031 206 240% 493 288 355% 730 236 23 12 40 Mount Olive 62,062 170 240% 408 238 355% 604 196 38 24 41 West Fork 65,226 179 240% 429 250 355% 634 206 23 12 42 RDA/WWA 240% 355% 48 43 Subtotal 202,319 554 1,330 776 2,968 637 83 96 44 Subtotal (Inside City) 3,278,204 8,981 26,300 17,319 43,226 16,925 45,102 504,489 4,035 472 45 Subtotal (Outside City) 486,052 1,332 4,012 2,680 6,588 2,575 6,892 89,994 668 12 46 Subtotal (Wholesale) 202,319 554 1,330 776 1,968 637 83 96 47 Total System 3,966,575 10,867 31,643 20,775 51,781 20,138 52,077 594,579 4,703 483 BLACK & VEATCH I Appendix 1: Water Tables Page 222 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 16 - Water 2023 Unit Cost of Service $ 1,000 gs 1. 1,000 glad. 1,000 gpd. 1,000 ga 1. 1,000 gpd. 1,000 gpd. Equiv. Meters Bills Hydrants Hydrants Units of Service 1 Inside City 3,278,204 17,319 16,925 3,278,204 17,319 16,925 45,102 504,489 4,035 472 2 Outside City 688,371 3,456 3,213 486,052 2,680 2,575 6,975 90,090 668 12 3 Total System 3,966,575 20,775 20,138 3,764,256 19,999 19,501 52,077 594,579 4,703 483 Costs of Service Net Operating Costs 4 Total -$ 17,791,700 5,445,956 6,008,355 0 1,318,151 1,623,240 929,674 1,053,892 1,254,912 120,458 37,064 5 Unit Cost - $/unit 1.37 289.20 0.00 0.35 81.16 47.67 20.24 2.11 25.61 76.68 Depreciation Expense 6 Total -$ 2,820,070 485,120 533,632 0 538,570 355,669 135,598 547,947 223,635 7 Unit Cost - $/unit 0.12 25.69 0.00 0.14 17.78 6.95 10.52 47.55 Net Plant Investment 8 Total -$ 103,987,502 17,454,685 19,200,154 0 21,217,829 13,337,679 5,728,380 19,169,381 7,879,393 9 Unit Cost - $/unit 4.40 924.18 0.00 5.64 666.90 293.75 368.09 1,675.40 Return on Investment 10 Inside City, Unit Return- $/unit 0.02 4.29 0.00 0.03 3.10 1.36 1.71 7.78 11 Outside City, Unit Return - $/Unit 0.31 64.69 0.00 0.39 46.68 20.56 25.77 117.28 Total Return 12 Inside City -$ 412,445 67,007 74,347 0 85,831 53,650 23,094 77,115 31,401 13 Outside City - $ 1,063,585 212,040 223,605 0 191,780 125,131 52,959 179,730 78,342 14 Total Return -$ 1,476,030 279,046 297,952 0 277,610 178,781 76,053 256,845 109,743 Total Unit Cost of Service 15 Inside City Unit Cost - $/unit 1.52 319.18 0.00 0.52 102.05 55.99 32.47 2.11 80.95 76.68 16 Outside City Unit Cost - $/unit 1.80 379.58 0.00 0.89 145.63 75.19 56.52 2.11 190.44 76.68 17 Inside City- Cost of Service - $ 17,806,421 4,968,786 5,527,935 0 1,702,806 1,767,336 947,674 1,464,315 1,064,768 326,620 36,179 18 Outside City- Cost of Service - $ 4,281,379 1,241,336 1,312,003 0 431,525 390,353 193,649 394,269 190,144 127,215 885 19 Total Cost of Service -$ 22,087,800 6,210,122 6,839,938 0 2,134,331 2,157,689 1,141,324 1,858,594 1,254,912 453,935 37,064 BLACK & VEATCH I Appendix 1: Water Tables Page 223 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 17 - Water 2023 Cost of Service by Customer Class Inside City 1 Residential 9,170,800 1,473,200 10,644,000 11,194,200 -4.9% 2 Non -Residential 3,473,000 557,900 4,030,800 3,476,000 16.0% 3 Industrial 1,348,900 216,700 1,565,600 1,196,700 30.8% 4 Irrigation 1,106,700 177,800 1,284,500 1,456,300 -11.8% Fire Protection 5 Public 2,425,500 -2,425,500 6 Private 281,500 281,500 967,600 -70.9% 7 Subtotal 17,806,400 100 17,806,400 18,290,800 -2.6% Outside City 8 Residential 2,524,400 469,500 2,994,000 2,674,900 11.9% 9 Non -Residential 368,000 68,400 436,500 333,000 31.1% 10 Industrial 0.0% 11 Irrigation 150,200 27,900 178,200 177,900 0.2% Fire Protection 12 Public 565,900-565,900 13 Private 8,500 8,500 27,100 -68.6% 14 Subtotal 3,617,000 -100 3,617,200 3,212,900 12.6% Wholesale 15 Elkins 245,800 245,800 216,200 13.7% 16 Mount Olive 204,500 204,500 179,800 13.7% 17 West Fork 213,900 213,900 188,100 13.7% 18 RDA/WWA 19 Subtotal Wholesale 0 0 0 0.0% 664,200 0 664,200 584,100 13.7% 20 Total Retail 21,423,400 0 21,423,600 21,503,700 -0.4% 21 Total Wholesale 664,200 0 664,200 584,100 13.7% 22 Total 22,087,600 0 22,087,800 22,087,800 0.0% BLACK & VEATCH I Appendix 1: Water Tables Page 224 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 18 - Water Proposed 2023 Rates Existing Water Rates Effective January 1, 2022 Monthly Base Charge Proposed Water Rates Effective January 1, 2023 Monthly Base Charge Inside Outside Meter Size C ity City Inches $/month $/month Wholesale $/month Inside City Private Fire $/month Outside City Private Fire $/month Inside Meter Size__��L_Q" Inches $/month Outside $/month Wholesale $/month Inside City Private Fire $/month Outside Private Firm $/month 5/8 6.59 7.54 8.31 5/8 6.59 7.54 8.31 3/4 6.59 7.54 8.31 3/4 6.59 7.54 8.31 1 9.14 10.52 11.49 9.75 11.68 1 9.14 12.26 12.26 9.75 11.68 1 1/2 15.93 18.31 20.00 10.17 12.10 1 1/2 15.93 24.22 24.22 10.17 12.10 2 23.20 26.66 29.07 20.33 23.37 2 23.20 33.52 33.52 20.33 23.37 3 54.05 62.18 64.38 30.48 35.06 3 54.05 69.84 69.84 30.48 35.06 4 89.50 102.93 112.25 60.97 70.11 4 89.50 102.93 112.25 60.97 70.11 6 178.99 205.82 212.76 169.34 197.74 6 178.99 205.82 212.76 169.34 197.74 8 268.41 308.67 332.91 355.65 409.00 8 268.41 308.67 332.91 355.65 409.00 10 Volume Charge 609.68 701.11 10 Volume Charge 609.68 701.11 Inside Monthly Water Usage city 1,000 ga I. 1,000 ga I. Outside city 1,000 gal. Wholesalel 1,000 ga I. 1,000 ga I. Inside city 1,000 gal. Outside city 1,000 gal. Wholesale 1,000 gal. Residential Residential 0 - 2,000 Gallons 3.51 4.04 0 - 2,000 Gallons 3.30 4.47 2,000 - 15,000 Gallons 4.65 5.35 2,000 - 15,000 Gallons 4.27 5.91 Over 15,000 Gallons 6.59 7.54 Over 15,000 Gallons 6.20 8.38 Non -Residential Non -Residential First 300,000 Gallons 3.79 4.38 First 300,000 Gallons 3.93 5.05 Over 300,000 Gallons 3.39 3.90 Over 300,000 Gallons 3.93 5.05 Major Industrial Major Industrial All Usage 2.96 3.40 All Usage 3.14 3.49 Irrigation Irrigation First 300,000 Gallons 5.04 5.80 First 300,000 Gallons 4.29 5.43 Over 300,000 Gallons 4.53 5.22 Over 300,000 Gallons 4.29 5.43 Wholesale Wholesale Reduced Peak Demand 2.87 Reduced Peak Demand 3.16 Peak Demand 3.20 Peak Demand 3.16 BLACK & VEATCH I Appendix 1: Water Tables 10-14 Page 225 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 19 - Water 2023 Cost of Service Under Proposed Rates Inside City 1 Residential 10,644,000 11,194,200 -4.9% 10,652,800 100% -5%-541,400 2 Non -Residential 4,030,800 3,476,000 16.0% 3,687,200 91% 6% 211,200 3 Industrial 1,565,600 1,196,700 30.8% 1,272,200 81% 6% 75,500 4 Irrigation 1,284,500 1,456,300 -11.8% 1,294,800 101% -11%-161,500 5 Subtotal 17,524,900 17,323,200 1.2% 16,907,000 96% -2%-416,200 Outside City 6 Residential 2,994,000 2,674,900 11.9% 2,903,900 97% 9% 229,000 7 Non -Residential 436,500 333,000 31.1% 387,400 89% 16% 54,400 8 Irrigation 178,200 177,900 0.2% 172,900 97% -3% -5,000 9 Subtotal 3,608,700 3,185,800 13.3% 3,464,200 96% 9% 278,400 Private Fire 10 Inside City 281,500 967,600 -70.9% 967,600 344% 0% 0 11 Outside City 8,500 27,100 -68.6% 27,100 319% 0% 0 12 Subtotal 290,000 994,700 -70.8% 994,700 343% 0% 0 Wholesale 13 Elkins 245,800 216,200 13.7% 238,400 97% 10% 22,200 14 Mount Olive 204,500 179,800 13.7% 198,300 97% 10% 18,500 15 West Fork 213,900 188,100 13.7% 207,500 97% 10% 19,400 16 RDA/WWA 0 0 0 0% 0% 17 Subtotal 664,200 584,100 13.7% 644,200 97% 10% 60,100 18 Total 22,087,800 22,087,800 0.0% 22,010,100 100% 0%-77,700 BLACK & VEATCH I Appendix 1: Water Tables Page 226 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table W - 20 - Water 2023 Bill Impact Line No. Residential 1 Meter Size Inches 3/4 Monthly Usage 1,000ga1. 0.5 Existing Rates $ 9.91 Inside City Proposed Rates $ 8.24 increase / increase Decrease $ -1.67 / Decrease -16.9% Existing Rates $ 11.36 Outside City Proposed IncreaARIM Rates $ 9.78 Decrease $ -1.59 -14.0% 2 3/4 2 13.42 13.19 -0.23 -1.7% 15.40 16.48 1.08 7.0% 3 3/4 4 22.72 21.73 -0.99 -4.4% 26.10 28.30 2.20 8.4% 4 3/4 8 41.32 38.81 -2.51 -6.1% 47.50 51.94 4.44 9.3% 5 3/4 10 50.62 47.35 -3.27 -6.5% 58.20 63.76 5.56 9.6% 6 3/4 15 73.87 68.70 -5.17 -7.0% 84.95 93.31 8.36 9.8% Non -Residential 7 3/4 10 44.30 45.89 1.59 3.6% 51.12 58.04 6.92 13.5% 8 3/4 20 82.20 85.19 2.99 3.6% 94.92 108.54 13.62 14.3% 9 1 50 198.37 205.64 7.27 3.7% 229.21 264.76 35.55 15.5% 10 1 100 387.87 402.14 14.27 3.7% 448.21 517.26 69.05 15.4% 11 11/2 50 204.97 212.43 7.46 3.6% 236.78 276.72 39.94 16.9% 12 1 1/2 100 394.47 408.93 14.46 3.7% 455.78 529.22 73.44 16.1% 13 2 100 401.52 416.20 14.68 3.7% 463.88 538.52 74.64 16.1% 14 2 500 1,837.52 1,988.20 150.68 8.2% 2,119.88 2,558.52 438.64 20.7% Industrial 15 2 100 318.52 337.20 18.68 5.9% 362.52 382.52 20.00 5.5% 16 2 1,000 2,982.52 3,163.20 180.68 6.1% 3,422.52 3,523.52 101.00 3.0% 17 4 500 1,566.89 1,659.50 92.61 5.9% 1,786.89 1,847.93 61.04 3.4% 18 4 1,500 4,526.89 4,799.50 272.61 6.0% 5,186.89 5,337.93 151.04 2.9% 19 6 2,500 7,573.78 8,028.99 455.21 6.0% 8,673.78 8,930.82 257.04 3.0% 20 6 5,000 14,973.78 15,878.99 905.21 6.0% 17,173.78 17,655.82 482.04 2.8% 21 6 10,000 29,773.78 31,578.99 1,805.21 6.1% 34,173.78 35,105.82 932.04 2.7% BLACK & VEATCH I Appendix 1: Water Tables Page 227 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 11.0 Appendix 2: Wastewater Tables Table S - 1 - Wastewater Projected Accounts Inside City 1 Residential 34,600 35,200 35,800 36,400 37,000 37,700 2 Non -Residential 2,900 2,900 2,900 2,900 2,900 2,900 3 Industrial 21 21 21 21 21 21 4 Subtotal 37,521 38,121 38,721 39,321 39,921 40,621 Outside City 5 Residential 2,400 2,400 2,500 2,500 2,500 2,500 6 Non -Residential 184 184 184 184 184 184 7 Industrial 0 0 0 0 0 0 8 Subtotal 2,584 2,584 Wholesale 9 Elkins 2 2 10 West Fork 1 1 11 Subtotal 2 2 11 Total 40,107 40,707 12 % Change 1.52% 1.50% 2,684 2,684 2,684 2,684 2 2 2 2 1 1 1 1 2 2 2 2 41,407 42,007 42,607 43,307 1.72% 1.45% 1.43% 1.64% Table S - 2 - Wastewater Projected Billed Volume (1,000 Gallons) 1,000 ga I. 1,000 ga I. 1,000 ga I. 1,000 gal. 1,000 gal. 1,000 gal. Inside City 1 Residential 1,861,300 1,741,200 1,771,800 1,802,800 1,834,400 1,866,500 2 Non -Residential 626,900 698,700 698,600 698,600 698,600 698,600 3 Industrial 318,500 396,700 396,700 396,700 396,700 396,700 4 Subtotal 2,806,700 2,836,600 2,867,100 2,898,100 2,929,700 2,961,800 Outside City 5 Residential 94,500 97,400 98,700 100,100 101,400 102,800 6 Non -Residential 15,300 15,000 15,000 15,000 15,000 15,000 7 Industrial 0 0 0 0 0 0 8 Subtotal 109,800 112,400 113,700 115,100 116,400 117,800 Wholesale 8 Elkins 81,000 81,000 81,000 81,000 81,000 81,000 9 West Fork 45,600 45,600 45,600 45,600 45,600 45,600 10 Subtotal 126,600 126,600 126,600 126,600 126,600 126,600 10 Total 3,043,100 3,075,600 3,107,400 3,139,800 3,172,700 3,206,200 11 % Change 2.30% 1.07% 1.03% 1.04% 1.05% 1.06% 0 0 3,100 100 0 0 100 n 3,200 7.98 % 155,100 -300 0 8,000 0 0 0 163,100 5.36% BLACK & VEATCH I Appendix 2: Wastewater Tables Page 228 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 3 - Wastewater Existing Charges Existing Wastewater Rates Effective January 1, 2022 Inches $/month $/month $/month 5/8 18.28 18.28 16.74 3/4 18.28 18.28 16.74 1 23.74 33.92 31.28 1 1/2 38.77 60.37 55.50 2 55.43 79.73 73.45 3 128.73 184.24 169.29 4 212.13 303.44 278.93 6 420.39 601.46 553.70 8 628.73 899.76 826.81 1,000 gal. 1,000 gal. 1,000 gal. 1,000 ga I. Residential First 2,000 Gallons 4.35 > 2,000 Gallons 5.80 All Usage 8.18 7.52 Non -Residential All Usage 4.40 8.18 7.52 Major Industrial All Usage 4.71 8.18 7.52 Wholesale 85% of metered water usage 5.19 Above 85% of metered water 2.71 Surcharge BOD - $/Ib for strength in excess of 300 ppm 0.4352 TSS - $/Ib for strength in excess of 300 ppm 0.3056 BLACK & VEATCH l Appendix 2: Wastewater Tables Page 229 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 4 - Wastewater Projected Revenues at Existing Rates S S S S S S Inside City 1 Residential 16,696,700 16,719,800 17,013,000 17,310,700 17,613,700 17,921,900 2 Non -Residential 3,505,200 3,926,200 3,926,100 3,926,100 3,926,100 3,926,100 3 Industrial 1,477,500 1,890,100 1,890,100 1,890,100 1,890,100 1,890,100 4 Subtotal 21,679,400 22,536,100 22,829,200 23,126,900 23,429,900 23,738,100 Outside City 5 Residential 1,177,400 1,242,000 1,258,300 1,274,800 1,291,700 1,308,800 6 Non -Residential 158,100 160,400 160,400 160,400 160,400 160,400 7 Industrial 0 0 0 0 0 0 8 Subtotal 1,335,500 1,402,400 1,418,700 1,435,200 1,452,100 1,469,200 Wholesale 9 Elkins 407,300 419,500 419,500 419,500 419,500 419,500 10 West Fork 229,400 236,200 236,200 236,200 236,200 236,200 11 Subtotal 636,700 655,700 655,700 655,700 655,700 655,700 12 Surcharge 810,300 834,600 834,600 834,600 834,600 834,600 13 Total 24,461,900 25,428,800 25,738,200 26,052,400 26,372,300 26,697,600 14 % Change 4.90% 3.95% 1.22% 1.22% 1.23% 1.23% (a) Reflects 3.0% revenue increase effective January 1, 2022. Table S - 5 - Wastewater Projected Other Revenues 1 2 Sewer Impact Fee Rev Sewer Sales Not on Cc S 743,900 11,800 S 743,900 11,800 S 743,900 11,800 S 743,900 11,800 S 743,900 11,800 S 743,900 11,800 3 Sewer Connection Fee 47,900 47,900 47,900 47,900 47,900 47,900 4 WWTP Hay Sales 134,800 134,800 134,800 134,800 134,800 134,800 5 WWTP Biosolids/Fertil 54,900 54,900 54,900 54,900 54,900 54,900 6 WWTP WaterTreatme 180,800 180,800 180,800 180,800 180,800 180,800 7 Penalties 123,000 246,100 246,100 246,100 246,100 246,100 8 9 Total %Change 1,297,100 -1.52% 1,420,200 9.49% 1,420,200 0.00% 1,420,200 0.00% 1,420,200 0.00% 1,420,200 0.00% 2,058,700 13 0 133,700 19,000 24,300 2,235,700 9.14 % 0 0 0 0 0 0 123,100 123,100 9.49 % BLACK & VEATCH I Appendix 2: Wastewater Tables Page 230 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 6 - Wastewater Capital Improvement Program 1 Sanitary Sewer Rehabilitation 2,956,100 3,044,800 3,136,100 3,230,200 3,327,100 0 2 Plant Pumps and Equipment -W.W.T.P. 515,000 530,500 546,400 562,800 579,600 0 3 W.W.T. P. Building Improvements 1,699,500 1,750,500 163,900 168,800 173,900 0 4 Upgrade/Replace Lift Stations -W.W.T.P. 309,000 318,300 327,800 337,700 347,800 0 5 Lake Sequoyah Sediment Removal/Dredging 515,000 530,500 546,400 562,800 579,600 0 6 Wastewater Treatment/Water Quality Improvement! 103,000 106,100 109,300 112,600 115,900 0 7 Wastewater Impact Fee Improvements 309,000 318,300 327,800 337,700 347,800 0 8 Utilities Financial Services Improvements 0 11,100 3,300 1,700 8,700 0 9 Water/Sewer Relocations - Bond Projects 174,600 265,200 273,200 281,400 289,800 0 10 Water/Sewer Impact Fee Cost Sharing 0 79,600 82,000 84,400 86,900 0 11 Utilities Technology Improvements 0 228,100 234,900 130,000 10,400 0 12 Water/Sewer Building -Office Improvements 0 26,500 27,300 28,100 29,000 0 13 Water/Sewer Equipment Expansions 0 26,500 27,300 28,100 29,000 0 14 Water & Sewer Rate/Operational Studies 0 10,600 10,900 11,300 11,600 0 15 Phosphorus Standards Management 0 26,500 27,300 28,100 29,000 0 16 Water& Sewer Technology Equipment Replacements 0 0 0 0 0 0 17 Water & Sewer Improvements Defined By Study 0 0 0 0 0 0 18 Biosolids Dryer Replacement 0 0 3,278,200 9,004,100 9,274,200 9,552,400 19 Filter Cell Upgrade/Replacement at Noland WWTP 0 0 0 0 0 1,432,900 20 Upgrade Automation at both WWTPs 0 0 0 0 0 1,671,700 21 22 23 CIPP of 36" Sewer Line from Armstrong Ave to Nolan Bypass Sewer Fulbright & North Gregg Hamestring Lift Station Bottle Neck Resolution 0 1,442,000 0 0 0 848,700 0 0 0 0 0 0 0 0 0 1,194,100 0 0 24 Total Capital Improvement Program 8,023,200 8,121,800 9,122,100 14,909,800 15,240,300 13,851,100 (a) Capital costs reflect 3% annual inflation starting in 2021. Table S - 7 - Wastewater Projected O&M Expenses 1 Personal Costs 3,074,800 3,205,800 3,342,400 3,484,900 3,633,500 3,788,600 2 Materials and Supplies 724,700 746,400 768,800 791,800 815,600 840,100 3 Services and Charges 6,080,800 6,263,300 6,451,200 6,644,700 6,844,000 7,049,400 4 WWTP Contract 3,995,600 4,115,500 4,238,900 4,366,100 4,497,100 4,632,000 5 Motorpool 1,032,500 1,063,400 1,095,300 1,128,200 1,162,100 1,196,900 6 Cost Allocation 680,700 701,200 722,200 743,900 766,200 789,200 7 Maintenance 84,800 87,400 90,000 92,700 95,500 98,300 8 9 Total %Change 15,673,900 0.81% 16,183,000 3.25% 16,708,800 3.25% 17,252,300 3.25% 17,814,000 3.26% 18,394,500 3.26% BLACK & VEATCH I Appendix 2: Wastewater Tables Page 231 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 8 - Wastewater Cash Financed Capital Sources of Funds 1 Funds Available at Beginning of Year 504,100 501,900 506,700 504,400 506,700 501,100 2 Cash Financing of Capital Projects 6,270,000 6,880,000 8,710,000 14,490,000 14,800,000 13,850,000 3 Transfer from Impact Fee Fund 1,751,000 1,246,600 409,800 422,100 434,700 0 4 Subtotal 8,525,100 8,628,500 9,626,500 15,416,500 15,741,400 14,351,100 Application of Funds 5 Major Capital Improvements 8,023,200 8,121,800 9,122,100 14,909,800 15,240,300 13,851,100 6 Subtotal 8,023,200 8,121,800 9,122,100 14,909,800 15,240,300 13,851,100 7 End of Year Balance 8 Capital Reserve EOY Balance- Cumulative Table S - 9 - Wastewater Onerating Cash Flow 501,900 506,700 504,400 506,700 501,100 500,000 19,995,000 21,737,000 22,105,000 17,205,000 12,555,000 9,445,000 Revenues Revenues Under Existing Rates Revenue Increases 0% Increase Effective January 1, 2022 24,461,900 25,428,800 0 25,738,200 0 26,052,500 0 26,372,200 0 26,697,600 0 0% Increase Effective January 1, 2023 0 0 0 0 0 3 % Increase Effective January 1, 2024 0 0 716,400 791,200 800,900 3 % Increase Effective January 1, 2025 0 0 0 747,000 825,000 3 % Increase Effective January 1, 2026 0 0 0 0 778,900 Total Revenue from Rates 24,461,900 25,428,800 25,738,200 26,768,900 27,910,400 29,102,400 Other Revenues (a) 594,700 720,500 719,400 721,600 724,200 727,000 Total Revenues 25,056,600 26,149,300 26,457,600 27,490,500 28,634,600 29,829,400 Expenses Operating Expenses 15,673,900 16,183,000 16,708,800 17,252,300 17,814,000 18,394,500 Bad Debt 122,300 127,100 128,700 133,800 139,600 145,500 PILOT 1,039,600 1,080,700 1,093,900 1,137,700 1,186,200 1,236,900 Debt Service 0 0 0 0 0 0 Total Expenses 16,835,800 17,390,800 17,931,400 18,523,800 19,139,800 19,776,900 Transfers Transfer to Shop Fund 33,000 0 0 0 0 0 Transfer to Operating Reserve 125,500 129,700 134,000 138,500 143,100 147,900 Cash Financing of Capital 6,270,000 6,880,000 8,710,000 14,490,000 14,800,000 13,850,000 Transfer to/from Capital Reserve 1,793,000 1,742,000 -312,000 -5,670,000 -5,450,000 -3,940,000 Total Transfers Fund Balance Beginning Balance 8,221,500 106,700 8,751,700 106,000 8,532,000 112,800 8,958,500 107,000 9,493,100 115,200 10,057,900 116,900 Annual Operating Balance -700 6,800 -5,800 8,200 1,700 -5,400 Ending Fund Balance 106,000 112,800 107,000 115,200 116,900 111,500 Performance Metrics Debt Service Coverage NA NA NA NA NA NA 0&M Reserve Balance (Days) O 90.00 lO 90.00 0 90.00 l0 90.00 0 90.00 lO 90.00 Includes interest income on operatingfund balance. Mininum requirement is 90 days of following year's Operating Expenses. BLACK & VEATCH I Appendix 2: Wastewater Tables Page 232 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 10 - Wastewater Projected Fund Balances Operating Funds 1 O&M Reserve Balance (a) 3,990,300 4,120,000 4,254,000 4,392,500 4,535,600 4,683,500 2 Operating Fund Balance (b) 106,000 112,800 107,000 115,200 116,900 111,500 3 Total (e) 4,096,300 4,232,800 4,361,000 4,507,700 4,652,500 4,795,000 Capital Funds 4 Capital Fund Balance (c) 501,900 506,700 504,400 506,700 501,100 500,000 5 Capital Reserve Fund Balance (d) 19,995,000 21,737,000 21,425,000 15,755,000 10,305,000 6,365,000 6 Total (e) 20,496,900 22,243,700 21,929,400 16,261,700 10,806,100 6,865,000 7 Impact Fee Fund Balance (e) 4,437,800 3,935,100 4,269,200 4,591,000 4,900,200 5,644,100 (a) Calculated as 90 days of following year's Operating Expenses. (b) Target mininum balance is $100,000 to account for any adjustments that may be needed to the 0&M balance at the end of the year. (c) Target mininum balance is $500,000. (d) Does not include expenses associated with facilities master plan to be completed in FY 2022 (e) All balances are cumulative. Table S - 11- Wastewater 2023 Cost of Service Statement of Net Revenue Requirements (Cash Basis) Revenue Requirements 1 0&M Expenses 16,708,800 16,708,800 2 Bad Debt 128,700 128,700 3 PILOT 1,093,900 1,093,900 4 Debt Sevice 0 0 Other Expenditures & Transfers: Transferto Shop Fund (Capital Outlay) 0 0 5 Transfer to Operating Reserve 134,000 134,000 6 Cash Funding of Capital Projects 8,710,000 8,710,000 7 Transfer to Capital Reserve (312,000) (312,000) 8 Subtotal 18,065,400 8,398,000 26,463,400 Less Revenue Requirements Met from Other Sources 9 Other Revenues and Adjustments 676,300 676,300 10 Interest Earned 43,100 43,100 11 Net Balance Available 12 Full Year Rate Adiustment 13 Subtotal 14 Net Revenue Requirements to be Recovered by Rates Restatement of Net Cost of Service (Utility Basis) 5,800 5,800 719,400 5,800 725,200 17,346,000 8,392,200 25,738,200 15 O&M Expenses 17,346,000 17,346,000 16 Depreciation 8,259,600 8,259,600 17 Return 132,600 132,600 18 Net Cost of Service 17,346,000 8,392,200 25,738,200 BLACK & VEATCH I Appendix 2: Wastewater Tables Page 233 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 12 - Wastewater 2023 Allocation of Net Plant Investment s s s s s s s s s s s s s Net Plant Investment: 1 Sewer Collection 106,713,735 43,521,511 63,192,224 2 Sewer Connections 319,997 319,887 3 Water Meters 2,741,021 2,741,021 4 Owl Creek Lift Station and Force Main 14,103 14,103 5 Lift Stations 5,257,834 5,257,834 Sewer Treatment Plant- Noland 6 Sewage Pumping 229,919 229,919 7 Mechanical Bar Screens 172,282 51,685 120,597 8 Grit Removal 9 Primary Sedimentation 10 Disinfection 1,694,829 1,694,829 11 Aeration Equipment 1,120,71A 560,352 560,352 12 Sludge Handling 400,690 220,380 180,311 13 Other Plant and Misc Equipment 961,187 510,038 221,733 229,416 14 General Treatment 14,870,670 7,890,861 3,430,472 3,549,337 Sewer Treatment Plant- West 15 Sewage Pumping 921,333 845,784 75,549 16Mechanical Bar Screens 169,727 13,918 46,743 109,066 17 Grit Removal 1,380,570 113,207 1,267,363 18 Primary Sedimentation 6,927,776 568,078 1,907,909 4,451,789 19 Disinfection 667,246 612,532 54,714 20 Aeration Equipment 1,490,202 122,197 684,003 684,003 21 Sludge Handling 34,604,278 2,837,551 17,471,700 14,295,027 22 Other Plant and Misc Equipment 3,425,729 108,225 280,910 Ip92,438 1,544,156 23 General Treatment 7,795,332 246,269 639,217 3,396,080 3,513,766 24 Sewer Land and Land Rights 6,358,594 1,917,514 132,595 2,484,085 148,797 823,260 851,789 554 25 General Plant 1,768,194 449,533 111,771 582,356 43,363 271,709 281,124 25,260 3,078 26 Total Net Plant Investment 199,995,842 51,146,392 12,372,823 66,258,665 0 4,897,501 0 30,578,464 0 31,638,096 0 2,766,281 337,622 Table S - 13 - Wastewater 2023 Allocation of Depreciation 5 5 5 5 5 S 5 Net Depreciation Ezpense: 1 Sewer Collection 2,890,542 1,178,862 1,711,680 2 Sewer Connections 22,463 22,463 3 Water Meters 141,180 141,180 4 Owl Creek Lift Station and Force Main 6,509 6,509 5 Lift Stations 113,991 113,991 Sewer Treatment Plant- Noland 6 Sewage Pumping 42,418 42,418 7 Mechanical Bar Screens 33,421 10,026 23,395 8 Grit Removal 9 Primary Sedimentation 10 Disinfection 282,757 282,757 11 Aeration Equipment 124,523 (1) 62,262 62,262 12 Sludge Handling 83,361 (1) 45,849 37,513 13 Other Plant and Misc Equipment 68,718 36,464 15,852 16,402 14 General Treatment 935,042 496,164 215,702 223,176 Sewer Treatment Plant- West 15 Sewage Pumping 117,218 107,606 9,612 16 Mechanical Bar Screens 55,071 4,516 15,167 35,388 17 Grit Removal 135,374 11,101 124,273 18 Primary Sedimentation 397,767 32,617 109,545 255,605 19 Disinfection 41,250 37,868 3,382 20 Aeration Equipment 140,345 1 11,508 64,418 64,418 21 Sludge Handling 2,080,224 170,578 1,050,3" 859,341 22 Other Plantand Misc Equipment 320,819 10,135 26,307 139,]67 144,610 23 General Treatment 54,927 1 1,735 4,504 23,929 24,758 24 Sewer Land and Land Rights 4,692 1,415 98 1,833 110 607 629 25 General Plam 166,944 42,443 10,553 54,983 4,094 25,653 26,542 2,385 291 26 Total NO Depreciation Ezpense 8,259,556 1,336,711 1,025,798 1,768,496 0 278,329 0 1,719,082 0 1,898,312 0 143,565 29,20 BLACK & VEATCH I Appendix 2: Wastewater Tables Page 234 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 14 - Wastewater 2023 Allocation of O&M Expenses 1 Sewer Mains Maintenance 2,527,372 1,030,749 1,496,623 2 Waste --Treatment Plats 1,930,453 367,405 42,IS8 747,493 773,396 3 Wastewater Treatment Plats -Noland 5,578,707 1,183,574 2,160,139 2,234,994 4 Wastewater Treatment Plant -West 2,025,047 263,578 166,054 794,121 811,293 5 Lift Stations 990,432 990,432 6 Meter Operations (a) 1,716,051 1,716,051 7 Water& Sewer Connections 205,698 205,698 8 Operations and Administration 1,443,89] 194,900 174,975 144,317 20,078 355,990 368,326 165,476 19,835 9 All Other 0&M Cost 1,647,745 222,415 199,678 164,692 22,912 406,249 420,326 188,838 22,635 10 Subtotal 18,065,400 2,438,495 2,189,210 1,805,632 0 251,202 0 4,453,993 0 4,608,336 2,070,365 0 248,168 Less: Other Income Sources 11 Sewer Connection Fees 47,900 47,900 12 Other Income Sources 671,500 49,206 87,179 71,904 10,003 177,367 183,513 82,446 9,883 13 Subtotal 719,400 49,206 87,179 71,904 0 10,003 0 177,367 0 183,513 82,446 0 57,783 14 Net O&M Expenses 17,346,000 2,389,289 2,102,032 1,733,728 0 241,199 0 4,276,626 0 4,424,823 2,987,90 0 190,386 BLACK & VEATCH I Appendix 2: Wastewater Tables Page 235 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 15 - Wastewater 2023 Units of Service 1,000gal. 1,000ga1. 1,000gal. Pounds Pounds Bills Equiv. Meters (2) + (3) Inside City 1 Residential 1,771,796 1,590,308 3,362,104 5,725,103 4,874,540 429,266 34,346 2 Non -Residential 698,638 250,840 949,478 2,179,024 1,765,193 34,296 5,157 3 Industrial 396,716 88,853 485,569 1,226,169 980,006 252 249 4 Subtotal 2,867,150 1,930,001 4,797,151 9,130,296 7,619,739 463,814 39,752 Outside City Farmington 5 Residential 77,284 77,958 155,242 251,513 216,205 21,806 1,603 6 Non -Residential 12,743 7,448 20,191 40,344 33,395 1,656 157 7 Industrial 8 Subtotal 90,027 85,406 175,432 291,857 249,600 23,462 Greenland 9 Residential 10,633 17,382 28,016 35,993 32,523 5,388 435 10 Non -Residential 2,212 1,830 4,041 7,114 6,020 480 22 11 Industrial 12 Subtotal 12,845 19,212 32,057 43,107 38,543 5,868 Washington County/ Growth Area 13 Residential 4,304 1,893 6,197 13,496 11,019 336 74 14 Non -Residential 67 67 14 28 24 15 Industrial 16 Subtotal 4,304 1,960 6,264 13,510 11,047 360 Johnson 17 Residential 6,479 6,692 13,171 21,119 18,191 1,884 151 18 Non -Residential 28 140 168 114 125 48 18 19 Industrial 20 Subtotal 6,507 6,832 13,339 21,233 18,316 1,932 21 Total Retail 2,974,326 2,036,578 5,010,904 9,478,770 7,918,929 493,504 39,752 Wholesale 22 Elkins 81,017 18,069 99,086 250,391 200,104 24 23 23 West Fork 45,625 10,171 55,796 141,008 112,687 12 23 24 Subtotal 126,642 28,240 154,882 391,399 312,791 36 45 25 Subtotal (inside City) 2,867,150 1,930,001 4,797,151 9,130,296 7,619,739 463,814 39,752 26 Subtotal (Outside City) 113,683 113,409 227,092 369,707 317,506 31,622 - 27 Subtotal (Wholesale) 126,642 28,240 154,882 391,399 312,791 36 45 28 Surcharge Customers 1,282,742 910,900 29 Total System 3,107,475 2,071,650 5,179,125 11,174,144 9,160,936 495,472 42,258 BLACK & VEATCH I Appendix 2: Wastewater Tables Page 236 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 16 - Wastewater 2023 Unit Cost of Service U.-f Servke 1 Inside City 4,797,151 4,797,151 4,797,151 4,]9J,151 9,130,296 9,130,296 7,619,739 7,619,J39 463,814 39,J52 463,814 2 Outside City -w/o Farmington 206,542 20fi,542 51,15fi0 51,660 46%249 469,249 380,697 380,697 8,196 766 3 Surcharge 175,432 175,432 1J5,432 291,857 249,600 23,462 1,J61 4 Total Sy-nn 5,1J9,125 5,003,693 5,024,243 4,848,811 1J5,432 9,891,402 9,599,545 8,250,036 8,000,436 495,472 42,258 , C.- If S-ke 5 Net Operating Expense Total-$ 17,346,000 2,389,289 2,102,031 1,733,728 24 J. 4,276,626 4,424,823 1,987,918 190,386 6 Unit CO -$/unit C.46 0.42 0.35 1.37 0.39 0.50 4.01 O 1 J Depreciation Expense: 1.1-$ 8,259,555 1,336,]31 1,025,798 1,768,4% 278,329 1,779,082 1,898,312 5 143,565 29,263 8 Unit Cost -$/unit 0.26 0.21 0.35 1.59 0.16 0.21 5 3.3974 0.06 9 NO plats Investment: Total -$ 199,995,842 51,146,392 12,372,823 66,258,665 4,897,501 30,578,4 4 31,638,096 2,766,281 337,622 10 Unit Cost -$/unit 9.88 2.47 13.19 27.92 2.81 3.55 65.46 0.73 Return on In-ment 11 Inside City, Unit Return - $/unit AN) (Uol) (am) (aol) (0.02) (0.28) (D.90) 12 Outside City -E-pt Farrnington - Unit Return - $/Unil 0.69 0.17 0.92 0.20 0.21 4.58 13 Outside City - Farmington - Unit Retum - $/Unit 0.54 0.73 $1,5354 3.60 14 Total Retum Inside City -$ (782,136) (200,302) (50,1 ) (267p84) (123,713) (128,U54) (1,427) 15 Outside City- Except Farmington-$ 41%, 142,M 35,J51 47,689 92,299 94,612 3p17 16 Outside Clty- WinIngon-$ 498,334 11,216 12J,246 269,363 6,339 1) Total Retum-$ 132,.5 3],]64 (1Q403) (92,549) 269,363 (31,114) (33p42) (1,247) Total Unit -of -it, 18 Inside City -$/unit (1 .68 0.61 0.64 0.54 0.69 4.01 3.12 0.47 19 Outside City(E., Farmington)-$/un l.I 0.. 1.62 0.75 0.96 4.01 ].98 20 Outside City -Farmington -$/unit 1.215 1.42 $ 4.49. 4.01 ].00 Total Cost of 51MCe 21 Inside City -Retail- $ 21,J43,fi60 3,250,89fi 2,948,565 3,0J6,442 4,9J2,298 5,292,288 1,8fi0,902 124,048 21$221 22 Inside City-Sureharge-$ 1,331,238 698,572 632,1565 23 Outside City- Except Farmington-$ 1,296,924. 291,3J0 164,861 83,J00 353,424 364,J39 32,884 5,950 24 Outside City -Farmington-$ 1,3fi6,3]4 221,49J 24%, )88,890 94,133 12,320 25 Total Cost ofS ke-$ 25,738,200 3,J63,763 3,113,426 3,409,6J6 0 J88,890 0 6,024,2% 0 6,289,693 1,98],918 1 ,318 218,221 Table S - 17 - Wastewater 2023 Cost of Service by Customer Class Inside City 1 Residential 15,035,955 17,013,006 -11.6% 2 Non -Residential 4,418,463 3,926,109 12.5% 3 Industrial 2,289,243 1,890,075 21.1 % 4 Subtotal 21,743,660 22,829,190 -4.8% Outside City 5 Residential 1,543,180 1,258,314 22.6% 6 Non -Residential 183,028 160,409 14.1% 7 Industrial 100.0% 8 Subtotal 1,726,208 1,418,723 21.7% 9 Total Retail 23,469,868 24,247,913 -3.2% 10 Wholesale 937,095 655,689 42.9% 11 Surcharge 1,331,238 834,607 59.5% 12 Total 25,738,201 25,738,209 0.0% BLACK & VEATCH I Appendix 2: Wastewater Tables Page 237 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study -able S - 18 - Wastewater Proposed 2023 Charges Existing Wastewater Rates Effective January 1, 2022 Inches 5/8 3/4 1 $/month 18.28 18.28 23.74 $/month 18.28 18.28 33.92 $/month 16.74 16.74 31.28 11/2 38.77 60.37 55.50 2 55.43 79.73 73.45 3 128.73 184.24 169.29 4 212.13 303.44 278.93 6 420.39 601.46 553.70 8 628.73 899.76 826.81 Proposed Wastewater Rates Effective January 1, 2023 Inches $/month $/month $/month 5/8 18.28 18.28 25.10 3/4 18.28 18.28 25.10 1 23.74 33.92 52.62 11/2 38.77 66.73 109.78 2 55.43 93.11 154.24 3 128.73 196.10 327.83 4 212.13 303.44 482.37 6 420.39 601.46 897.30 8 628.73 899.76 998.92 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. 1,000 gal. Residential Residential First 2,000 Gallons 4.35 First 2,000 Gallons 3.39 > 2,000 Gallons 5.80 > 2,000 Gallons 4.52 All Usage 8.18 7.52 Non -Residential All Usage 4.40 8.18 7.52 Major Industrial All Usage 4.71 8.18 7.52 Wholesale 85% of metered water usage 5.19 Above 85% of metered water 2.71 Surcharge BOD - $/Ib for strength in excess of 300 ppm 0.4352 TSS - $/lb for strength in excess of 300 ppm 0.3056 BLACK & VEATCH I Appendix 2: Wastewater Tables All Usage 8.55 8.27 Non -Residential All Usage 5.10 8.55 8.27 Major Industrial All Usage 5.71 8.55 8.27 Wholesale 85% of metered water usage 7.20 Above 85% of metered water 7.20 Surcharge BOD - $/Ib for strength in excess of 300 ppm 0.5426 TSS - $/Ib for strength in excess of 300 ppm 0.6921 11-11 Page 238 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table S - 19 - Wastewater 2023 Cost of Service Under Proposed Rates (1) Line (2) (3) Adjusted (4) Under (5) Indicated Revenue (6) (7) Revenues Proposed Under Revenue % (8) Indicated mnitclicated Revenue r (9) Revenue DescriptionRevenue as Inside City 1 Residential 15,036,000 17,013,000 -11.6% 15,049,500 100% -12% -1,963,500 2 Non -Residential 4,418,500 3,926,100 12.5% 4,424,800 100% 13% 498,700 3 Industrial 2,289,200 1,890,100 21.1% 2,291,500 100% 21% 401,400 4 Subtotal 21,743,700 22,829,200 -4.8% 21,765,800 100% -5% -1,063,400 Outside City 5 Residential 1,543,200 1,258,300 22.6% 1,510,400 98% 20% 252,100 6 Nan -Residential 183,000 160,400 14.1% 193,500 106% 21% 33,100 7 Industrial 0% 0% 8 Subtotal 1,726,200 1,418,700 21.7% 1,703,900 99% 20% 285,200 Wholesale 9 Elkins 599,500 419,500 42.9% 583,300 97% 39% 163,800 10 West Fork 337,600 236,200 42.9% 328,500 97% 39% 92,300 11 Subtotal 937,100 655,700 42.9% 911,800 97% 39% 256,100 12 Surcharge 1,331,200 834,600 59.5% 1,326,400 100% 59% 491,800 13 Total 25,738,200 25,738,200 0.0% 25,707,900 100% 0% -30,300 Table S - 20 - Wastewater 2023 Bill Impact Line No. Residential 1 MeterSize Inches 3/4 Monthly Usage 1,000 gal. 0.5 Existing Rates $ 22.10 Inside City Proposed Rates $ 19.98 increase increase Decrease $ -2.13 Decrease -9.6% EA,ting Rate, $ 26.46 Outside Proposed Rates $ 22.56 City increase increase Decrease $ -3.91 Decrease -14.8% 2 3/4 2 26.45 25.06 -1.39 -5.3% 34.64 35.38 0.74 2.1% 3 3/4 4 38.05 31.84 -6.21 -16.3% 51.00 52.48 1.48 2.9% 4 3/4 8 61.25 45.40 -15.85 -25.9% 83.72 86.68 2.96 3.5% 5 3/4 10 72.85 52.18 -20.67 -28.4% 100.08 103.78 3.70 3.7% 6 3/4 15 101.85 69.13 -32.72 -32.1% 140.98 146.53 5.55 3.9% Non -Residential 7 3/4 10 61.75 69.28 7.53 12.2% 100.08 103.78 3.70 3.7% 8 3/4 20 105.75 120.28 14.53 13.7% 181.88 189.28 7.40 4.1% 9 1 50 243.05 278.74 35.69 14.7% 442.92 461.42 18.50 4.2% 30 1 100 463.05 533.74 70.69 15.3% 851.92 888.92 37.00 4.3% 11 11/2 50 257.64 293.77 36.13 14.0% 469.37 494.23 24.86 5.3% 12 11/2 100 477.64 548.77 71.13 14.9% 878.37 921.73 43.36 4.9% 13 2 100 493.82 565.43 71.61 14.5% 897.73 948.11 50.38 5.6% 14 2 500 2,253.82 2,605.43 351.61 15.6% 4,169.73 4,368.11 198.38 4.8% Industrial 15 2 100 493.52 626.43 132.91 26.9% 897.73 948.11 50.38 5.6% 16 2 1,000 4,732.52 5,765.43 1,032.91 21.8% 8,259.73 8,643.11 383.38 4.6% 17 4 500 2,441.89 3,067.13 625.24 25.6%1 4,393.44 4,578.44 185.00 4.2% 38 4 1,500 7,151.89 8,777.13 1,625.24 22.7% 12,573.44 13,128.44 555.00 4.4% 19 6 2,500 11,948.78 14,695.39 2,746.61 23.0% 21,051.46 21,976.46 925.00 4.4% 20 6 5,000 23,723.78 28,970.39 5,246.61 22.1% 41,501.46 43,351.46 1,850.00 4.5% 21 6 10,000 1 47,273.78 57,520.39 10,246.61 21.7%1 82,401.46 86,101.46 3,700.00 4.5% BLACK & VEATCH I Appendix 2: Wastewater Tables Page 239 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study 12.0 Appendix 3: Combined Tables Table C - 1 - Combined Projected Fund Balances $ $ S S S S Operating Funds 1 O&M Reserve Balance (a) 8,051,900 8,314,600 8,586,100 8,866,600 9,156,600 9,456,300 2 Operating Fund Balance (b) 209,600 213,100 210,900 215,500 228,600 212,100 3 Subtotal Operating Funds Balance (e) 8,261,500 8,527,700 8,797,000 9,082,100 9,385,200 9,668,400 Capital Funds 4 Capital Fund Balance (c) 1,008,700 1,008,400 1,006,100 1,010,300 1,009,800 1,003,200 5 Capital Reserve Fund Balance (d) 32,910,000 30,173,000 27,293,500 20,118,500 13,458,500 7,996,500 6 Subtotal Capital Funds Balance (e) 33,918,700 31,181,400 28,299,600 21,128,800 14,468,300 8,999,700 7 Impact Fee Fund Balance (e) 4,460,597 4,516,397 4,378,897 5,592,597 6,791,197 8,511,397 (a) Calculated as 90 days of following year's Operating Expenses. (b) Target minimum combined balance is $200,000 to account for any adjustments that may be needed to the O&M balance at the end of the year. (c) Target minimum combined balance is $1,000,000. (d) Does not include expenses associated with facilities master plan to be completed in FY 2022 (e) All balances are cumulative. BLACK & VEATCH I APPENDIX 3: COMBINED TABLES 12-1 Page 240 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table C - 2 - Combined Operating Cash Flow 1 Revenues Revenues Under Existing Rates 45,648,500 47,229,500 47,826,000 48,433,700 49,053,000 49,684,500 2 Revenue Increases 0.0 % Increase Effective January 1, 2022 0 0 0 0 0 3 0.0 % Increase Effective January 1, 2023 0 0 0 0 0 4 3.0 % Increase Effective January 1, 2024 0 0 1,331,900 1,471,600 1,490,500 5 3.0 % Increase Effective January 1, 2025 0 0 0 1,389,400 1,535,300 6 3.0 % Increase Effective January 1, 2026 0 0 0 0 1,449,500 7 8 Total Revenue from Rates Other Revenues (a) 45,648,500 1,127,800 47,229,500 1,362,000 47,826,000 1,363,600 49,765,600 1,371,400 51,914,000 1,380,000 54,159,800 1,389,300 9 Subtotal Revenues 46,776,300 48,591,500 49,189,600 51,137,000 53,294,000 55,549,100 10 Expenses Operating Expenses 31,624,500 32,655,200 33,720,300 34,821,200 35,959,000 37,135,100 11 Bad Debt 228,200 236,100 239,100 248,800 259,600 270,800 12 PILOT 1,940,000 2,007,200 2,032,600 2,115,100 2,206,400 2,301,800 13 SDWF-Reimbursement to ADPH 230,000 233,800 237,800 241,800 245,900 250,200 14 Debt Service 0 0 0 0 0 0 15 Total Expenses 34,022,700 35,132,300 36,229,800 37,426,900 38,670,900 39,957,900 16 Transfers Transfer to Shop Fund 66,000 0 0 0 0 0 17 Transfer to Operating Reserve 254,100 262,700 271,500 280,500 290,000 299,700 18 Cash Financing of Capital 11,730,000 15,930,000 15,570,000 20,600,000 20,980,000 20,770,000 19 Transfer to/from Capital Reserve 700,000 -2,737,000 -2,879,500 -7,175,000 -6,660,000 -5,462,000 20 Total Transfers 12,750,100 13,455,700 12,962,000 13,705,500 14,610,000 15,607,700 Fund Balance 21 Beginning Balance 206,100 209,600 213,100 210,900 215,500 228,600 22 Annual Operating Balance 3,500 3,500 -2,200 4,600 13,100 -16,500 23 Ending Fund Balance 209,600 213,100 210,900 215,500 228,600 212,100 Performance Metrics 24 Debt Service Coverage NA NA NA NA NA NA 25 O&M Reserve Balance (Days)(b) Q 90.00 �j 90.00 u 90.00 u 90.00 %J 90.00 a 90.00 (a) Includes interest income on operating fund balance. (b) Mininum requirement is 90 days of following year's Operating Expenses. BLACK & VEATCH I APPENDIX 3: COMBINED TABLES Page 241 of 402 Revised Draft 06/08/2022 City of Fayetteville, Arkansas I Water and Wastewater Comprehensive Rate Study Table C - 3 - Combined 2023 Bill Impact Line No. Meter Residential 1 Size Inches 3/4 Monthly Usage 1,030gal. 0.5 Existing Rates $ 32.01 Proposed Rates $ 28.22 DecreaseInside City Increase / Increase/ $ -3.80 Decrease -11.9% Existing Rates $ 37.82 Outside Proposed Rates $ 32.33 City Increase / Decrease $ -5.49 Increase Decrease -14.5% 2 3/4 2 39.87 38.25 -1.62 -4.1% 50.04 51.86 1.82 3.6% 3 3/4 4 60.77 53.57 -7.20 -11.8% 77.10 80.78 3.68 4.8% 4 3/4 8 102.57 84.21 -18.36 -17.9% 131.22 138.62 7.40 5.6% 5 3/4 10 123.47 99.53 -23.94 -19.4% 158.28 167.54 9.26 5.9% 6 3/4 15 175.72 137.83 -37.89 -21.6% 225.93 239.84 13.91 6.2% Non -Residential 7 3/4 10 106.05 115.17 9.12 8.6% 151.20 161.82 10.62 7.0% 8 3/4 20 187.95 205.47 17.52 9.3% 276.80 297.82 21.02 7.6% 9 1 50 441.42 484.38 42.96 9.7% 672.13 726.18 54.05 8.0% 10 1.5 100 872.11 957.70 85.59 9.8% 1,334.15 1,450.95 116.80 8.8% 11 2 500 4,091.34 4,593.63 502.29 12.3% 6,289.61 6,926.63 637.02 10.1% Industrial 12 2 100 812.04 963.63 151.59 18.7% 1,260.25 1,330.63 70.38 5.6% 13 2 1,000 7,715.04 8,928.63 1,213.59 15.7% 11,682.25 12,166.63 484.38 4.1% 14 4 1,500 11,678.78 13,576.63 1,897.85 16.3% 17,760.33 18,466.37 706.04 4.0% 15 6 5,000 38,697.56 44,849.38 6,151.82 15.9%1 58,675.24 61,007.28 2,332.04 4.0% 16 6 10,000 77,047.56 89,099.38 12,051.82 15.6%1 116,575.24 121,207.28 4,632.04 4.0% BLACK & VEATCH I APPENDIX 3: COMBINED TABLES 12-3 Page 242 of 402 CITY OF r• FAYETTEVILLE IF ARKANSAS CITY OF FAYETTEVILLE, ARKANSAS Notice of Public Hearine on Proposed Water and Sewer Rate Cha City Council Agenda Session: Tuesday, June 14, 2022 at 4:30 PM City Council Meeting: Tuesday, June 21, 2022 at 5:30 PM City of Fayetteville Administration Building, City Hall 113 W. Mountain — Room 219 or via Zoom link at www.fayetteville-ar.gov The City of Fayetteville AR, on the dates and times mentioned above, will hold a public hearing as part of the City Council Agenda Session and City Council Meeting with Fayetteville City Council prior to the adoption of the 2023 water and sewer rate increases. The public can attend in person or remotely via the link on the City's website, www.fayetteville-ar.gov. If adopted, the proposed new rates would take effect on or after January 01, 2023, with 3% increases annually thereafter. All property owners/tenants and other interested parties are invited to attend the public hearing and be heard on the matter. A water and sewer cost of service study was conducted by Black & Veatch pursuant to Fayetteville City Council Resolution 212-20 to perform a cost analysis to determine if costs allocations are fair and equitable among customer classes, to review the existing rate structure and design proposed rates that provide adequate revenues. The rate study was conducted following the industry standard methodology from the American Water Works Association (M1 Principles of Water Rates, Fees, and Charges). The proposed water and sewer rate changes below are necessary for the City of Fayetteville to continue to provide safe and reliable water and sewer services to its citizens because extensive new capital needs are required at this point in time and operating costs have increased above the revenue increases generated by the current annual 3% proportional adjustment. Page 1 1 3 Page 243 of 402 PROPOSED WATER RATE CHANGES - ON OR AFTER 11112023 FIXED BASE AR . EXISTING PROPOSED OUTSIDE PROPOSED CITY Meter Size 5/8" 3/4" 1" 1.5" 6.59 6.59 0.0% 7.54 7.54 7.54 7.54 0.0% 0.0% 6.59 6.59 0.0% 9.14 9.14 0.0% 10.52 12.26 16.5% 15.93 15.93 0.0% 18.31 24.22 32.3% 2" 23.20 23.20 0.0% 26.66 33.52 25.7% 3" 54.05 54.05 0.0% 62.18 69.84 12.3% 4" 89.50 89.50 0.0% 102.93 102.93 0.0% 6" 178.99 178.99 0.0% 205.82 205.82 0.0% 8" • 00i GALLONS Residential First 2,000 gallons 268.41 268.41 0.0% 308.67 308.67 0.0% AVG 0.0% 3.51 3.30 -6.0% AVG 4.04 4.47 9.7% 10.6% Next 13,000 gallons 4.64 4.37 -5.8% 5.34 5.91 10.7% All over 15,000 gallons 6.59 6.20 -5.9% 7.54 8.38 11.1% esidentia First 300,000 gallons 3.79 AVG 3.93 -5.9% 3.7% 4.38 AVG 5.05 10.8% 15.3% All over 300,000 gallons 3.38 3.93 16.3% 3.90 5.05 29.5% All Usage First 300,000 gallons 2.96 5.04 AVG 3.14 4.29 10.0% 6.1% -14.9% 3.20 5.80 AVG 3.49 5.43 22.4% 9.1% -6.4% All over 300,000 gallons 4.53 4.29 -5.3% 5.22 5.43 4.0% Wholesa Reduced Peak Demand AVG -10.1% 2.87 AVG 3.16 -1.2% 10.1% Peak Demand 3.20 3.16 -1.3% AVG 4.4% *Beginning January 1, 2024, all monthly water rates shall be increased by 3% per year P a g e 2 1 3 Page 244 of 402 PROPOSED SEWER RATE CHANGES - ON OR AFTER 11112023 FIXED BASE CHARGE $/MONTH Meter sizeEXISTING 5/8" 3/4" SEWER 18.28 INSIDE CITY PROPOSED 18.28 CHANGE 0.0% SEWER EXISTING 18.28 OUTSIDE PROPOSED 18.28 CHANGE 0.0% EXISTING 16.74 PROPOSED 25.10 49.9% 18.28 18.28 0.0% 18.28 18.28 0.0% 16.74 25.10 49.9% 1" 23.74 23.74 0.0% 33.92 33.92 0.0% 31.28 52.62 68.2% 1.5" 38.77 38.77 0.0% 60.37 66.73 10.5% 55.50 109.78 97.8% 2" 55.43 55.43 0.0% 79.73 93.11 16.8% 73.45 154.24 110.0% 3" 128.73 128.73 0.0% 184.24 196.10 6.4% 169.29 327.83 93.6% 4" 212.13 212.13 0.0% 303.44 303.44 0.0% 278.93 482.37 72.9% 6" 420.39 420.39 0.0% 601.46 601.46 0.0% 553.70 897.30 62.1% 8" 628.73 628.73 0.0% 899.76 899.76 0.0% 826.81 998.92 20.8% • 00i GALLONS Residential First 2,000 Gallons All over 2,000 Gallons 4.35 AVG 3.39 0.0% -22.1% 8.18 AVG 8.55 3.8% 4.5% 7.52 AVG 8.27 69.5% 10.0% 5.80 4.52 -22.1% 8.18 8.55 4.5% 7.52 8.27 10.0% on -Resident All Usage Major Industrial All Usage Wholesale AVG -22.1% AVG 4.5% AVG 10.0% 4.40 5.10 15.9% 8.18 8.55 4.5% 7.52 8.27 10.0% 4.71 5.71 21.2% 8.18 8.55 4.5% 7.52 8.27 10.0% Reduced Peak Demand 5.19 7.20 38.7% Peak Demand 2.71 7.20 165.7% AVG 102.2% *Beginning January 1, 2024, all monthly sewer rates shall be increased by 3% per year For more information or questions about the proposed water and sewer rate changes, contact the City of Fayetteville, Utilities Financial Services Division at (479) 575-8224 or visit the City's website for at www.fayetteville-ar.gov. City of Fayetteville, Arkansas By: Tim Nyander Water & Sewer Utilities Director Date: 06/08/2022 P a g e 3 1 3 Page 245 of 402 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kara Paxton, City Clerk/ Treasurer CC: Susan Norton, Chief of Staff Paul Becker, Chief Financial Officer Tim Nyander, Utilities Director FROM: Kit Williams, City Attorne' DATE: July 15, 2022 RE: Statutory Procedure Required For Adopting New Sewer Rates Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal There is a precise and unusual procedural schedule that is required by A.C.A. §14-235-223 Rates and charges for services - Lien for sewer rate changes. Prior to raising or changing sewer rates, the City must carefully follow every statutorily required step pursuant to A.C.A. §14-235-223 as shown below: "(d)(1)(A) No rates or charges shall be established until after a public hearing, at which all the users of the works and owners of property served or to be served by them and others interested shall have opportunity to be heard concerning the proposed rates or charges. (B) After introduction of the ordinance fixing the rates or charges, and before the ordinance is finally enacted, notice of the hearing, setting forth the proposed schedule of the rates or charges, shall be given by one (1) publication in a newspaper published ... at least ten (10) days before the date fixed in the notice for the hearing, which may be adjourned from time to time. (2) After the hearing the ordinance establishing rates or charges, either as originally introduced or as modified and amended, shall be passed and put into effect." Page 246 of 402 Statutorily Required Schedule (1) Introduce (Read) the ordinance proposing to change the sewer rates at a City Council meeting; (2) Publish "notice of the hearing setting forth the proposed schedule of the rates and charges ... by one publication in a newspaper..." (3) This notice must be published "at least ten (10) days before the date fixed in the notice for the hearin " g... (4) After this public hearing, the ordinance may be passed. The sewer rate ordinance will be read for the first time (introduced) at the June 21st City Council Meeting. After such introduction (reading), the City needs to set the date of the public hearing no earlier than ten (10) days from date such notice can be published (which might be Sunday, June 26, or if that cannot be accomplished, then Sunday July 3rd). Ten days after either publication date would allow the public hearing to be held at the July 19th City Council Meeting and the ordinance acted upon at that meeting after the Public Hearing. As you see, the currently scheduled Public Hearing for next Tuesday does not fulfill the statutory requirement for such Public Hearing because the ordinance must be introduced (read) BEFORE the public hearing is even scheduled. Then the notice of such public hearing date must be published in the paper. Such notice must also set "forth the proposed schedule of the rates and charges" as well as the date of the public hearing. Since the City has scheduled a public hearing for the next City Council Meeting, we may still wish to conduct one, but it will not suffice for our statutory requirement. The very first requirement is the reading of the ordinance which statutorily begins the full process which we must accomplish before the ordinance can be passed. The Agenda for the June 21st City Council Meeting needs to have the sewer rate change ordinance as an item of New Business where it will be placed on its first reading. Since all such items of New Business allow public comment, persons wishing to speak to the proposed rate changes can publicly comment then so we do not need a separate public hearing on the June 21st Agenda. During the discussion of the sewer rate ordinance, the Council needs to agree that the Public Hearing will be scheduled for the July 19th City Council Meeting. 0) Page 247 of 402 34� - 19 MUNICIPAL SEWAGE SYSTEMS 14-235-223 I .ore than such ruin turned over to it in be paid from the revenues derived from •.:atntairung the system, the city having that service and nothing in this subchap- bondy x•en operating and maintaining this sys- ten' aLrthlOr'1Le.s any part of the revenues ucipa 'Lin out of general revenues with no ex- derived from the system to be devoted and listin- 7�enses to the district, and the desire for appropriated to pay the cost of construe - audit of the accounts was made after the tron or operation of waterworks system. r Vice etirement of the bonds issued for the Mathers v. Moss, 202 Ark. 554, 151 S.W.2d maintenance of the sewer. Lawrence v. 660 (1941). needs J Dnes, 228 Ark. 1136, 313 S.W.2d 228 iinin 1958). r the Scope. This section contemplates that revenue ty be *,onds authorized to construct sewers will g the f an14-235-223. Rates and charges for services — Lien. to be (a)(1) The council of the municipality shall have power, and it shall be its duty, by ordinance to establish and maintain just and equitable v the rates or charges for the use of and the service rendered by the works, to . be paid by each user of the sewerage system of the municipality. fonds (2) The council may change and readjust the rates or charges from and time to time to such extent as will not render insecure the rights of the holders of revenue bonds or violate any sinking fund agreement, or the other lawful agreement, with such bondholders. 'd to (b) The rates or charges shall be sufficient in each year for the payment of the proper and reasonable expense of operation, repair, ds of replacements, and maintenance of the works and for the payment of the .ture sums required in this subchapter to be paid into the sinking fund. ured (c) Revenues collected pursuant to this section shall be deemed the gate re nues of the works. (d f 1)(A) No rates or charges shall be established until after a public pro- hearing, at which all the users of the works and owners of property nen- served or to be served by them and others interested shall have any opportunity to be heard concerning the proposed rates or charges. rtic- (B) After introduction of the ordinance fixing the rates or charges, and before the ordinance is finally enacted, notice of the hearing, setting forth the proposed schedule of the rates or charges, shall be given by one (1) publication in a newspaper published in the munic- ipality if there is such a newspaper, but otherwise in a newspaper having general circulation in the municipality, at least ten (10) days ?' before the date fixed in the notice for the hearing, which may be adjourned from time to time. From (2) After the hearing the ordinance establishing rates or charges, sluff, either as originally introduced or as modified and amended, shall be passed and put into effect. (e) A copy of the schedule of the rates and charges established shall 'were be kept on file in the office of the sewer committee having charge of the unt, operation of the works, and also in the office of the municipal clerk or t of recorder, and shall be open to inspection by all parties interested. for (f)(1) The rates or charges so established for any class of users or : far property served shall be extended to cover any additional premises Page 248 of 402 Paxton, Kara From: Paxton, Kara Sent: Tuesday, June 14, 2022 5:07 PM To: Bolinger, Bonnie; Pennington, Blake; Brown, Chris; Bunch, Sarah; CityClerk; Curth, Jonathan; Harvey, Sonia; Hertzberg, Holly; Batker, Jodi; Jones, D'Andre; Kelley, Courtney; Kinion, Mark; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Mulford, Patti; Rea, Christine; Scroggin, Sloan; Norton, Susan; Thurber, Lisa; Turk, Teresa; Wiederkehr, Mike Subject: FW: Pre -Agenda Meeting Good afternoon, The Public Hearing item CA Public Hearing Discussion on Recommendations for Water and Sewer Rates Effective January 1, 2023 on the 06/14/2022 Tentative Agenda was placed on the agenda per the request I received via email on Wednesday, June 8, 2022 2:23 PM. Based on the City Attorney requesting that this item now be moved the below email will be placed as additional documents in the agenda packet. Thank you, Kara Paxton, MSISM, CMC, CMO City Clerk Treasurer City of Fayetteville, Arkansas kapaxton °,fayetteville-ar.gov T 479.575.8323# _ CITY OP �IPAYSTTEVI LL! ARKA.M��w From: Norton, Susan <snorton@fayetteville-ar.gov> Sent: Thursday, June 9, 2022 3:12 PM To: Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: RE: Pre -Agenda Meeting Thankyou! From: Paxton, Kara <kapaxton@fayetteville-ar.gov> Sent: Thursday, June 9, 2022 3:02 PM To: Norton, Susan <snorton@fayetteville-ar.gov> Subject: RE: Pre -Agenda Meeting I processed the change and uploaded the document. The agenda can be viewed at the below link. https://accessfavetteville.granicus.com/GeneratedAgendaViewer.php?view id=14&event id=2591 Page 249 of 402 Thank you, Kara Paxton, MSISM, CMC, CMO City Clerk Treasurer City of Fayetteville, Arkansas kapaxton a)fayetteville-ar.gov T 479.575.8323# CITY OP FAYITTIYILLI �Rlx�►N�w� From: Norton, Susan <snorton@fayetteville-ar.gov> Sent: Wednesday, June 8, 2022 4:07 PM To: Paxton, Kara <kapaxton@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov>; Brown, Chris <cbrown@fayetteville- ar.gov>; Becker, Paul <pbecker@fayetteville-ar.gov> Cc: Rogers, Kristin <krogers@fayetteville-ar.gov>; Bolinger, Bonnie <bbolinger@fayetteville-ar.gov> Subject: RE: Pre -Agenda Meeting Kara - Please add the following descriptor to that Public Hearing title and include the attached as a link in the packet. Please let me know if you have any questions. Public Hearing: Discussion on Recommendations for Water and Sewer Rates Effective January 1, 2023 Thank you. Susan From: Paxton, Kara <kapaxton@fayetteville-ar.gov> Sent: Wednesday, June 8, 2022 3:37 PM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Curth, Jonathan <Icurth@favetteville-ar.gov>; Brown, Chris <cbrown@fayetteville- ar.gov>; Becker, Paul <pbecker@fayetteville-ar.gov> Cc: Rogers, Kristin <krogers@fayetteville-ar.gov>; Bolinger, Bonnie <bbolinger@fayetteville-ar.gov> Subject: RE: Pre -Agenda Meeting Kit, Thank you for your response. I have added the Public Hearing section and moved the item you mentioned. I have attached a copy of the agenda to this email for your records. This agenda will be published on the website tomorrow afternoon. Thank you, Kara Paxton, MSISM, CMC, CMO City Clerk Treasurer Page 250 of 402 City of Fayetteville, Arkansas kapaxtonkfayetteville-ar. gov T 479.575.8323# CITY OF PAYSTTEVILL■ ARMAM�w• From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Wednesday, June 8, 2022 2:23 PM To: Paxton, Kara <kapaxton@fayetteville-ar.gov>; Thurber, Lisa <Ithurber@fayetteville-ar.gov>; Norton, Susan <snorton@fayetteville-ar.gov>; Curth, Jonathan <icurth@fayetteville-ar.gov>; Brown, Chris <cbrown@fayetteville- ar.gov>; Becker, Paul <pbecker@fayetteville-ar.gov> Subject: RE: Pre -Agenda Meeting Ka ra, Looks very good to me. We need to have a separate place for a public hearing on the new water/sewer rates (before item for the ordinance.). Kit From: Paxton, Kara Sent: Wednesday, June 08, 2022 12:31 PM To: Thurber, Lisa <Ithurber@fayetteville-ar.gov>; Norton, Susan <snorton@favetteville-ar.gov>; Curth, Jonathan <icurth@favetteville-ar.gov>; Brown, Chris <cbrown@fayetteville-ar.gov>; Becker, Paul <pbecker@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Bolinger, Bonnie <bbolinger@fayetteville-ar.gov>; Rogers, Kristin <krogers@fayetteville-ar.gov> Subject: Pre -Agenda Meeting Good afternoon, I have attached the draft version of the Tentative Agenda. Once you have had a chance to review this document please email me and let me know what your agenda item preferred order is for the Consent Agenda and New Business. Thank you, Kara Paxton, MSISM, CMC, CMO City Clerk Treasurer City of Fayetteville, Arkansas kap axtongfayetteville-ar. goy T 479.575.8323# CITY OI' FAVETT(EVILLE ANK&NIAN Page 251 of 402 ICA OFFICE OF THE CITY ATTORNEY Received by City Attorney 7/13/22, 10:28 AM DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney TO: Ma Jordan Blake Pennington Mayor an y J Assistant City Attorney City Council Jodi Batker Kara Paxton, City Clerk/ Treasurer Paralegal CC: Paul Becker, Chief Financial Officer Tim Nyander, Utilities Director Corey Granderson, Utilities Engineer FROM: Kit Williams, City Attorney DATE: July 13, 2022 RE: Contracting with other political subdivisions The City of Fayetteville has constructed a very efficient and effective wastewater system for our residents, businesses, and factories which we have graciously allowed residents and businesses outside our city limits to access for decades. The City is authorized to contract with other cities or their residents (Elkins, Greenland, Farmington, Johnson, and West Fork) by A.C.A. §14-235-212 Contracting with other political subdivisions. These contracts are statutorily authorized, "but only to the extent of the capacity of the works without impairing the usefulness of them to the owners (Fayetteville), upon such terms and conditions as may be fixed by the sewer committee..." Id. at (a)(1)(B). (emphasis added) In a sewer rate challenge case, the Arkansas Supreme Court held: "Rate making being a legislative act, unless the city council has acted arbitrarily and unreasonably in fixing these rates, there is a prima facie presumption in favor of their correctness, and the burden is on complainant to show otherwise." Lazurence v. Jones, 228 Ark. 1136, 313 S.W. 2d. 228, 231 (1958). Page 252 of 402 In a recent case, the City of Fayetteville was sued because it substantially increased its rates to a nonresident wholesale water customer. "Water may be supplied to nonresident consumers at such rates as the legislative body of the municipality may deem just and reasonable, and the rates need not be the same as the rates charged residents of the municipality." Mount Olive Water Association v. City of Fayetteville, 313 Ark, 606, 856 S.W. 2d 864, 866 (1993). The water association challenged a 9.8 % rate of return for computing revenue requirements. Id. The Arkansas Supreme Court rejected the water association's argument that the 9.8% rate of return establishing the water rates was not just or reasonable. The Court ruled: "We have stated no hard and fast rule regarding what constitutes a reasonable rate or the variables properly employed by which a municipality may charge in these situations. Reasonableness of rates must therefore be dictated by the facts of each situation and the definition of 'reasonable' established by the common meaning of the term. Webster's Third New International Dictionary (Unabridged) (1968) gives several definitions of 'reasonable' including 'not conflicting with reason: not absurd: not ridiculous ... b. being or remaining within the bounds of reason."' Mount Olive Water Association v. City of Fayetteville, Supra at 867. The Arkansas Supreme Court cited "the Report on Revenue Requirements, Cost of Service, and Rates for Water and Sewer Services for Fayetteville, Arkansas prepared by Black and Veatch/Engineers - Architects of Kansas City," Id. as 'evidence presented by the City (which) showed the rates were based upon 'reason' and were 'reasonable' in accordance with the dictionary definitions quoted." Id. Although the current Black and Veatch report may need to be slightly modified, once the City Council is satisfied that Black and Veatch has properly considered all relevant factors including realistic and relevant concerns of the City of Farmington and others, rates based upon the Report should satisfy the reasonableness standard here just as they did in the Mount Olive Water 2 Page 253 of 402 Association case. The Court in that case found that the charge per 1000 gallon rate there which more than tripled in four years was reasonable and legal. "The burden of proving the city's rate schedule to be arbitrary and unreasonable rested upon the plaintiffs, for the ordinance is entitled to the presumption of validity that legislative enactments ordinarily receive." Lawrence v. Jones, Supra at 231. CONCLUSION The City of Fayetteville has always strived to fairly apportion the costs of building, maintaining, and operating its water and sewer systems among all of its customers. The law clearly gives the City Council the right to protect the interests of our citizens and businesses by crediting their recent 200 Million Dollar investment into the wastewater system project which was needed to service not only our intown customers, but our many out of town customers in Farmington, Greenland and Johnson as well as our wholesale customers of Elkins and West Fork. A reasonable rate of return from our out-of-town customers to compensate our citizens' 200 Million Dollar investment is not only legal, but fair and reasonable. 3 Page 254 of 402 EXHIBIT A 51.136 Monthly Water Rates Effective as of the first billing statements issued after December 31, 2022, the following monthly rates shall be fixed as rates to be charged for water furnished by the waterworks system of the city, which rates the City Council finds and declares to be reasonable and necessary minimum rates to be charged. All non -emergency water uses shall be billed to the user, to include but not limited to water used for: use within structures; business; manufacturing; irrigation; retail by another water utility; city uses; educational purposes; medical purposes; water system routine non -emergency uses; wastewater system routine non -emergency uses; non-profit uses; fire department non -emergency uses to include training and equipment calibration; construction of new water mains; street cleaning; and wet down of construction sites and materials. Emergency water use that does not pass through a water system meter shall not be billed, including firefighting, water leaks, water leak repair, and emergency water line flushing. The volumes used for these emergency purposes should be estimated and submitted monthly to the Business Office Manager and the Water/Sewer Operations Manager. (A) Monthly Water Rates. (1) The water usage of each customer shall be determined each month by meter measurement and the amount per 1,000 gallons to be paid for water usage by each customer shall be computed on the basis of the following schedule of rates. Table A-1 Monthly Water Rates Prior to January 1, 2023 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.51 $4.04 Next 13,000 $4.65 $5.35 Over 15,000 $6.59 $7.54 Non -Residential First 300,000 $3.79 $4.38 Over 300,000 $3.39 $3.90 Major Industrial All Usage $2.96 $3.40 Irrigation First 300,000 $5.04 $5.80 Over 300,000 $4.53 $5.22 Wholesale Reduced Peak Demand $2.87 $2.87 Peak Demand $3.20 $3.20 Table A-2 Monthly Water Rates After December 31, 2022 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.30 $4.47 Next 13,000 $4.37 $5.91 Over 15,000 $6.20 $8.38 Non -Residential First 300,000 $3.93 $5.05 Over 300,000 $3.93 $5.05 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 1 of 11 Page 255 of 402 EXH I BIT A Major Industrial All Usage $3.14 $3.49 Irrigation First 300,000 $4.29 $5.43 Over 300,000 $4.29 $5.43 Wholesale Reduced Peak Demand $3.16 $3.16 Peak Demand $3.16 $3.16 Table A-3 Monthly Water Rates After December 31, 2023 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.40 $4.60 Next 13,000 $4.50 $6.09 Over 15,000 $6.39 $8.63 Non -Residential First 300,000 $4.05 $5.20 Over 300,000 $4.05 $5.20 Major Industrial All Usage $3.23 $3.59 Irrigation First 300,000 $4.42 $5.59 Over 300,000 $4.42 $5.59 Wholesale Reduced Peak Demand $3.25 $3.25 Peak Demand $3.25 $3.25 Table A-4 Monthly Water Rates After December 31, 2024 Cost per 1,000 gallons Class Usage Rate (In Gallons) Inside City Outside City Residential First 2,000 $3.50 $4.74 Next 13,000 $4.64 $6.27 Over 15,000 $6.58 $8.89 Non -Residential First 300,000 $4.17 $5.36 Over 300,000 $4.17 $5.36 Major Industrial All Usage $3.33 $3.70 Irrigation First 300,000 $4.55 $5.76 Over 300,000 $4.55 $5.76 Wholesale Reduced Peak Demand $3.35 $3.35 Peak Demand $3.35 $3.35 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 2 of 11 Page 256 of 402 EXHIBIT A (2) Beginning January 1, 2026, all monthly water rates shall be increased by 3% per year. (3) All bills under such schedules shall be computed by adding the applicable meter service charge prescribed by subsection (B) to the amount determined to be due for water usage under this schedule. Applicable sales tax and franchise fees shall be added to the bill so computed. (4) When a common facility/building is served by multiple water meters and the water usage is for the same purpose, customers may petition the Water & Wastewater Director and/or the Finance & Internal Services Director to have the water consumption aggregated and have the tiered rates apply to the aggregated quantity. (5) Water used for flushing and sampling of newly constructed water lines, Fire Department training and equipment calibration, and other similar uses requiring a large volume and/or high velocity of water movement shall employ a fire hydrant meter of the appropriate size for the use. If a fire hydrant meter cannot be used due to high flow or volume requirements, then the volume of water used shall be measured by using a pitot gauge to determine the gallons per minute and by timing the flow of water to be able to calculate total volume. In the cases of fire department training and equipment calibration, sewer line washing, street sweeping, and other uses where the equipment employed has a built-in water meter, these built in water meters may be used. All such meters other than those on fire trucks must be evaluated by the Meter Superintendent. These water uses shall be billed at the same rates as non-residential customers. (6) Monthly wholesale treated water rates outside city limits are based on Cost of Service Methodology. (B) Monthly Water Service Charge. (1) In addition to the above, each customer shall pay a monthly water service charge in accordance with the following schedule: Table B-1 Monthly Water Service Charge Prior to January 1, 2023 Meter Size Inside City Outside City Wholesale %x % inch $6.59 $7.54 $7.54 1 inch $9.14 $10.52 $10.52 1 % inch $15.93 $18.31 $18.31 2 inch $23.20 $26.66 $28.56 3 inch $54.05 $62.18 $64.38 4 inch $89.50 $102.93 $112.25 6 inch 1 $178.99 1 $205.82 1 $213.02 8 inch 1 $268.41 1 $308.67 1 $319.47 Table B-2 Monthly Water Service Charge After December 31, 2022 Inside Outside Meter Size City City Wholesale %x % inch $6.59 $7.54 $7.54 1 inch $9.14 $12.26 $12.26 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 3 of 11 Page 257 of 402 EXHIBIT A 1 % inch $15.93 $24.22 $24.22 2 inch $23.20 $33.52 $33.52 3 inch $54.05 $69.84 $69.84 4 inch $89.50 $102.93 $102.93 6 inch $178.99 $205.82 $205.82 8 inch $268.41 $308.67 $308.67 Table B-3 Monthly Water Service Charge After December 31, 2023 Meter Size Inside City Outside City Wholesale %x % inch $6.79 $7.77 $7.77 1 inch $9.41 $12.63 $12.63 1 % inch $16.41 $24.95 $24.95 2 inch $23.90 $34.53 $34.53 3 inch $55.67 $71.94 $71.94 4 inch $92.19 $106.02 $106.02 6 inch $184.36 $211.99 $211.99 8 inch 1 $276.46 1 $317.93 1 $317.93 Table B-4 Monthly Water Service Charge After December 31, 2024 Meter Size Inside City Outside City Wholesale %x % inch $6.99 $8.00 $8.00 1 inch $9.70 $13.01 $13.01 1 % inch $16.90 $25.69 $25.69 2 inch $24.61 $35.56 $35.56 3 inch $57.34 $74.09 $74.09 4 inch $94.95 $109.20 $109.20 6 inch 1 $189.89 1 $218.35 1 $218.35 8 inch 1 $284.76 1 $327.47 1 $327.47 (2) Beginning January 1, 2026, all monthly water service charges shall be increased by 3% per year. (3) The monthly treated water rates and the monthly meter service charge rates prescribed by subsections (A) and (B) of this section shall commence as of the first billing statements issued after December 31, 2022. (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 4 of 11 Page 258 of 402 EXHIBIT A (4) The State of Arkansas mandated Safe Drinking Water Act fee shall be added to the monthly water utility bill. (C) Monthly Standby Fire Protection Service Charge. (1) Charges for unmetered service connections for standby fire protection and fire hydrants shall be based on the incoming line size or the backflow preventer size, whichever is smaller, as set forth in the following table: Monthly Standby Fire Protection Service Charge Line Size or Backflow Preventer Size Inside City Outside City 1 inch $9.75 $11.68 2 inch 10.17 12.10 2.5 inch 20.33 23.37 3 inch 30.48 35.06 4 inch 60.97 70.11 6 inch 169.34 194.74 8 inch 355.65 409.00 10 inch 609.68 701.11 (2) The Utilities Department shall review the monthly standby fire protection service charges every two (2) years and shall make recommendations to the City Council following such review. Fire protection lines shall not be connected to the water system downstream from a meter. (Code 1965, §21-25; Ord. No. 1165, 4-18-58; Ord. No. 2144, 9-2-75; Ord. No. 2594, 2-5-80; Ord. No. 3197, 7-1-86; Ord. No. 3409, 2-21-89; Ord. No. 3431, 6-6-89; Ord. No. 3491, 7-17-90; Ord. No. 3513, 9-18-90; Ord. No. 3519, 11- 20-90; Ord. No. 4059, §1, 10-7-97; Ord. No. 4223, 2-15-00; Code 1991, §51.136; Ord. No. 4530 12-02-02; Ord. No. 4540, 02-03-04; Ord. No. 5123, 4-1-08; Ord. No. 6169, §1, 4-2-2019) (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 5 of 11 Page 259 of 402 EXHIBIT B 51.137 Monthly Sewer Rates (A) Monthly Sewer Rates. (1) All monthly sewer charges shall be calculated from the customer's monthly water usage. The following monthly rates are hereby fixed as rates to be charged for sewer services: Table D-1 Monthly Sewer Rates Per 1,000 Gallons Before January 1, 2023 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $4.35 Greater than $5.80 2,000 gallons Non -Residential All Usage $4.40 Major Industrial All Usage $4.71 Farmington All Usage $7.52 Outside city All Usage $8.18 Elkins 85% of metered $5.19 water usage Usage above 85% of $2.71 metered water usage Table D-2 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2022 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.39 Greater than $4.52 2,000 gallons Non -Residential All Usage $5.10 Major Industrial All Usage $5.71 Farmington All Usage $8.27 Outside city All Usage $8.55 Elkins 85% of metered $7.20 water usage Usage above 85% of $7.20 metered water usage (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 6 of 11 Page 260 of 402 EXHIBIT B Table D-3 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2023 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.49 Greater than $4.66 2,000 gallons Non -Residential All Usage $5.25 Major Industrial All Usage $5.88 Farmington All Usage $8.52 Outside city All Usage $8.81 Elkins 85% of metered $7.42 water usage Usage above 85% of $7.42 metered water usage Table D-4 Monthly Sewer Rates Per 1,000 Gallons After December 31, 2024 Class Usage Rate Cost per (In Gallons) 1,000 gallons Residential First 2,000 gallons $3.60 Greater than $4.80 2,000 gallons Non -Residential All Usage $5.41 Major Industrial All Usage $6.06 Farmington All Usage $8.77 Outside city All Usage $9.07 Elkins 85% of metered $7.64 water usage Usage above 85% of $7.64 metered water usage (2) Beginning January 1, 2026, all monthly sewer quantity charge- usage rates per 1,000 gallons shall be increased by 3% per year. (3) Sewer related fees levied by the Cities of Farmington or Greenland shall be added to the wastewater utility bill at the request of Farmington or Greenland. These fees may be calculated on a per -thousand volumetric usage or a per month basis. (B) Monthly Sewer Service Charge. (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 7 of 11 Page 261 of 402 EXHIBIT B (1) In addition to the above, each customer shall pay a monthly sewer service charge in accordance with the following schedule: Table E-1 Monthly Sewer Service Charge Prior to January 1, 2023 Meter Size Inside City Outside Cityt Farmingtont % x % inch $18.28 $18.28 $16.74 1 inch $23.74 $33.92 $31.28 1% inch $38.77 $60.37 $55.50 2 inch $55.43 $79.73 $73.45 3 inch $128.73 $184.24 $169.29 4 inch $212.13 $303.44 $278.93 6 inch $420.39 $601.46 $553.70 8 inch $628.73 $899.76 $826.81 Table E-2 Monthly Sewer Service Charge After December 31, 2022 Meter Size Inside City Outside Cityt Farmingtont %x % inch $18.28 $18.28 $25.10 1 inch $23.74 $33.92 $52.62 1% inch $38.77 $66.73 $109.78 2 inch $55.43 $93.11 $154.24 3 inch $128.73 $196.10 $327.83 4 inch $212.13 $303.44 $482.37 6 inch $420.39 $601.46 $897.30 8 inch $628.73 $899.76 $998.92 Table E-3 Monthly Sewer Service Charge After December 31, 2023 Meter Size Inside City Outside Cityt Farmingtont % x % inch $18.83 $18.83 $25.85 1 inch $24.45 $34.94 $54.20 1% inch $39.93 $68.73 $113.07 2 inch $57.09 $95.90 $158.87 3 inch $132.59 $201.98 $337.66 4 inch $218.49 $312.54 $496.84 6 inch $433.00 $619.50 $924.22 8 inch 1 $647.59 1 $926.75 1 $1,028.89 (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 8 of 11 Page 262 of 402 EXHIBIT B Table E-4 Monthly Sewer Service Charge After December 31, 2024 Meter Size Inside City Outside Cityt Farmingtont %x % inch $19.39 $19.39 $26.63 1 inch $25.19 $35.99 $55.82 1% inch $41.13 $70.79 $116.47 2 inch $58.81 $98.78 $163.63 3 inch $136.57 $208.04 $347.79 4 inch $225.05 $321.92 $511.75 6 inch 1 $445.99 1 $638.09 1 $951.95 8 inch 1 $667.02 1 $954.56 1 $1,059.75 tCost of Service Methodology required by contract. (2) Beginning January 1, 2026, all monthly sewer service charges shall be increased by 3% per year. (C) Determination of Sewer Quantity Charge for Residential Customers. (1) In the case of residential customers residing in a single family home, duplex, triplex, and/or fourplex, the average monthly water consumption for the preceding months of December, January, and February shall be computed separately for each customer, and a uniform monthly charge for each customer shall be determined by applying the schedule of rates set out in subsection (A) of this section to such average monthly water consumption. In the case of a residential user for whom a uniform monthly charge has been established and who moves to a new location the same uniform monthly charge shall apply at the new location. In the case of new residential customers, sewer averages shall be established based on the number of individuals residing within the dwelling unit, at a rate of 2,100 gallons per customer per month. This methodology of sewer averaging shall not apply to multi -family structures containing five (5) or more units in a contiguous building. (2) In the case of sewer customers who do not have a water meter provided by a public water utility, the sewer usage volume billed shall be the average volume of all users in the sewer system in like dwellings from the most recent system -wide sewer average calculation. (D) Determination of Charge for Non-residential and Major Industrial Customers. In the case of non-residential and/or major industrial customers, the monthly sewer charge shall be determined by applying the schedule of rates prescribed in subsection (A) of this section to the monthly water usage of such customers. In the event that a non-residential or major industrial customer discharging waste into the city's sanitary sewer system produces evidence to the Water and Wastewater Director demonstrating that a substantial portion of the total amount of water from all sources used for all purposes does not reach the sanitary sewer which is in excess of the factors used in establishing the rates in subsection (A) of this section, an estimated percentage of total water consumption to be used in computing charges may be established by the Water and Wastewater Director. The factors used in establishing said rates are on file in the office of the Water and Wastewater Director and are incorporated herein by reference thereto. Any rate so adjusted by the Water and Wastewater Director shall be effective for a twelve (12) month period beginning with the billing for the month when rates adjudged hereby go into effect. (E) Extra Strength Surcharge. Created: 2022-05-17 11:20:05 [EST] (Supp. No. 25) Page 9 of 11 Page 263 of 402 EXHIBIT B (1) For all significant industrial users as defined in §51.074, whose wastewater discharge is greater than 300 mg/I of BOD Sand/or TSS, the city shall levy an Extra Strength Surcharge for each parameter in accordance with the following unit charges: Table F3 Extra Strength Surcharges After 12/31/2022 Extra Strength BOD 5 $0.5426 per pound Extra Strength TSS $0.6921 per pound (2) Starting after December 31, 2023, Extra Strength Surcharges shall be increased by 3% per year. (3) Extra Strength Surcharges shall be billed monthly and shall be computed on the basis of water meter reading (wastewater discharge volume). (4) All sampling and analyses of the wastewater characteristics shall be performed in accordance with U.S. Environmental Protection Agency 40 Code of Federal Regulations Part 136 approved methods. (5) The volume of flow used in computing surcharge shall be based upon metered water consumption as shown in the records of meter readings maintained by the city's business office. In the event that a user discharging waste into the city sanitary sewer system produces evidence to the city demonstrating that a portion of the total amount of water used for all purposes is not discharged into the sanitary sewer, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (6) Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of the user's water supply from sources other than the city, all or part of which is discharged into the sanitary sewer, shall install and maintain at the user's expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meter will be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water measured by the aforesaid meter or meters does not enter the sanitary sewer system of the city, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon its request, to measure only that portion of the total flow being discharged into the city sewer system. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (7) Computation of extra strength surcharges shall be based on the following formula: (a) Extra strength surcharge: S I = V x 8.34 x [BOD Unit Charge (BOD - 300) + SS Unit Charge (TSS - 300)] (b) Where: S = Surcharge in dollars V = Sewer volume in million gallons 8.34 = Pounds per gallon of water BOD Unit Charge = Unit charge for BOD in dollars per pound (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 10 of 11 Page 264 of 402 EXHIBIT B BOD = BOD strength in parts per million 300 = Allowed BOD strength in parts per million TSS Unit Charge = Unit charge for suspended solids in dollars per pound TSS = Suspended solids strength in parts per million 300 = Allowed TSS Strength in parts per million (F) Elkins Sewer Charges. (1) Elkins' payment for wastewater treatment shall be based on 85% of the metered water purchased. The volume of wastewater received by Fayetteville at the "Point of Connection" shall be measured by the installed wastewater meter. Volumes of wastewater below or above the agreed upon percentage (85%) of metered water, as measured by the wastewater meter, shall be recorded on a monthly basis, with a reconciliation of the net difference to occur semiannually in June and December. If the reconciliation volume is over the agreed upon percentage, this amount shall be billed to Elkins in June and December at the actual computed cost of wastewater collection to and treatment at the Noland Wastewater Treatment Plant, not including the calculated rate of return and not including depreciation charges, but including any capacity surcharge, based on the most recent rate as determined in paragraph B of this contract. If the reconciliation volume is below the agreed upon percentage, the actual amount billed for the difference shall be refunded to Elkins in June and December (2) Elkins Impact Fee Charges. The City of Elkins shall pay an additional $0.25 per 1,000 gallons of wastewater, for all wastewater volume charges including both the 85% of metered water volume and for wastewater in excess of the 85% of the metered water purchased billed volume. (G) Hauled Wastewater Fees. (1) Application fee. An application to discharge hauled domestic waste must be accompanied by a fee of $100.00. (2) Discharge fee. A fee of $50.00 must be paid for each hauled domestic waste load discharged. (H) Industrial Wastewater Discharge Permit Fee. (1) Application Fee. An application for an industrial wastewater discharge permit must be accompanied by a fee of $500.00. (Code 1965, §21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197, 7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1-3-89; Ord. No. 3491, 7-17-90; Ord. No. 3637, §§1, 2, 8-18-92; Ord. No. 4059, §2, 10-7-97; Code 1991, §51.137; Ord. No. 4530, 12-02-03; Ord. No. 4803, 12-20-05; Ord. No. 4998, 4-3-07; Ord. No. 5129, 4-15-08; Ord. No. 5438, 9-20-11; Ord. No. 5739, 2-17-15) (Supp. No. 25) Created: 2022-05-17 11:20:05 [EST] Page 11 of 11 Page 265 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 CITY COUNCIL MEMO 2023-953 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Waylon Abernathy, Bond Projects & Construction Dir DATE: July 28, 2023 SUBJECT: Resolution to approve Change Order #13 to RFQ-18-11 with Nabholz Construction Corporation in the amount of $5,521,396.00 for Civic Plaza construction in the Arts Corridor Project; to recognize interest revenue earned on the Arts Corridor and Streets bonds; and to approve a budget adjustment. RECOMMENDATION: Resolution to approve Change Order #13 to RFQ-18-11 with Nabholz Construction Corporation in the amount of $5,521,396.00 for the remaining bid packages in the Arts Corridor Project for the Civic Plaza construction and street lighting infrastructure from Dickson to Watson; to recognize interest revenue earned on the Arts Corridor and Streets bonds; and to approve a budget adjustment. BACKGROUND: Resolution 117-23 passed in May of this year for many of the Civic Plaza Bid Packages. This resolution is for the remaining items. DISCUSSION: The scope of this change order includes demolition, earthwork, storm drainage, electrical, Structural and Miscelanious Steel, Permeable Pavers, and Architectural Precast. Also included is the addition of infrastructure for new street lighting from Dickson to Watson, which will connect the Arts Corridor to the deck. BUDGET/STAFF IMPACT: A budget adjustment is provided that will allocate funding from the following accounts. G/L ACCT PROJECT AMOUNT 4708.860.7800-5804.00 46080.7800 5,350,000.00 4608.860.7800-5804.00 46080.7800 68,495.00 4602.860.7214-5814.00 46020.7214.1030 102,901.00 TOTAL 5,521,396.00 ATTACHMENTS: 2023-953 SRF Nabholz CO 13 Civic Plaza, 2023-953 BA Nabholz C013 Civic Plaza, PCCO 013 - Upper Ramble Civic Plaza Rebid GMP - To Be Executed, Nabholz Bidding Affidavit Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 266 of 402 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-953 Resolution to approve Change Order #13 to RFQ-18-11 with Nabholz Construction Corporation in the amount of $5,521,396.00 for Civic Plaza construction in the Arts Corridor Project; to recognize interest revenue earned on the Arts Corridor and Streets bonds; and to approve a budget adjustment. A RESOLUTION TO APPROVE CHANGE ORDER NO. 13 TO THE CONTRACT WITH NABHOLZ CONSTRUCTION CORPORATION IN THE AMOUNT OF $5,521,396.00 FOR WORK RELATED TO THE CULTURAL ARTS CORRIDOR, AND TO APPROVE A BUDGET ADJUSTMENT — 2019 CULTURAL ARTS CORRIDOR BOND PROJECT WHEREAS, Change Order No. 13 includes the remaining bid packages in the Arts Corridor Project for the Civic Plaza construction and street lighting infrastructure along West Avenue from Dickson Street to Watson Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 13 to the Construction Manager at Risk Services Contract with Nabholz Construction Corporation, a copy of which is attached to this Resolution, in the amount of $5,521,396.00 for the remaining bid packages in the Arts Corridor Project for the Civic Plaza construction and street lighting infrastructure along West Avenue from Dickson Street to Watson 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 267 of 402 City of Fayetteville Staff Review Form 2023-953 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Wade Abernathy 7/28/2023 FACILITIES MANAGEMENT (140) Submitted By Submitted Date Division / Department Action Recommendation: Resolution to approve Change Order #13 to RFQ-18-11 with Nabholz Construction Corporation in the amount of $5,521,396.00 for the remaining bid packages in the Arts Corridor Project for the Civic Plaza construction and street lighting infrastructure from Dickson to Watson; to recognize interest revenue earned on the Arts Corridor and Streets bonds; and to approve a budget adjustment. Budget Impact: 4708.860.7800-5804.00 Arts Corridor 2022 Bonds 4608.860.7800-5804.00 Arts Corridor 2019 Bonds 4602.860.7214-5814.00 Streets Protects 2019 Bonds Account Number Fund MIT-1 :11 46020.7214.1030 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Arts Corridor Improvements Streets Bond Projects - Dickson St Pedestrian Impr Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 8,222,810.00 $ 8,026,858.23 195,951.77 $ 5,521,396.00 $ 5,418,495.00 93,050.77 Purchase Order Number: 2023-000589 Previous Ordinance or Resolution # 117-23 Change Order Number: 13 Approval Date: Original Contract Number: 2018-00000042 Comments: V20221130 Page 268 of 402 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number FACILITIES MANAGEMENT (140) /Org2 2023 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Resolution to approve Change Order #13 to RFQ-18-11 with Nabholz Construction Corporation in the amount of $5,521,396.00 for the remaining bid packages in the Arts Corridor Project for the Civic Plaza construction and street lighting infrastructure from Dickson to Watson; to recognize interest revenue earned on the Arts Corridor and Streets bonds; and to approve a budget adjustment. COUNCIL DATE: ITEM ID#: 8/15/2023 2023-953 Holly Black 7/26'/2023 9: 2S RM Budget Division TYPE: JOURNAL#: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 578,843 578,843 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.202373 Account Name 4708.860.7800-5804.00 5,350,000 - 46080 7800 EX Building Costs 4708.860.7999-5899.00 4608.860.7800-5804.00 (5,350,000) 68,495 - - 46080 46080 7999 7800 EX EX Unallocated - Budget Building Costs 4608.860.7999-5899.00 (68,495) - 46080 7999 EX Unallocated - Budget 4708.860.7000-4707.47 4708.860.7999-5899.00 - 419,100 419,100 - 46080 46080 7000 7999 RE EX Interest - 2022 Project Funds Unallocated - Budget 4608.860.7000-4707.46 4608.860.7999-5899.00 - 37,031 37,031 - 46080 46080 7000 7999 RE EX Interest - 2019 Project Funds Unallocated - Budget 4602.860.7000-4707.46 4602.860.7999-5899.00 - 122,712 122,712 - 46020 46020 7000 7999 RE EX Interest - 2019 Project Funds Unallocated - Budget I of 1 Page 269 of 402 DocuSign Envelope ID: 066408B7-4B1A-44D3-9E5D-5F317A6FA40F ILI is �NrEsnnr 1 Prime Contract Change Order Fayetteville Cultural Arts Corridor Project # 02-19-2526 Nabholz Construction Corporation 113 W. Mountain St. Tel: Fax: Fayetteville, AR 72701 Date: 7/27/2023 To Contractor: Nabholz Construction Corporation The Contract is hereby revised by the following items: Upper Ramble Civic Plaza Rebid GMP PCO Description 136 Upper Ramble Civic Plaza Rebid GMP 137 West Ave. Lighting Architect's Project No: Contract Date: 4/18/2018 Contract Number: 02-19-2526 Change Order Number: 013 Amount 5,521,396.00 0.00 This is a partial change order for the remaining bid packages procured for the project identified as Upper Ramble Civic Plaza. Nabholz continues to seek opportunities for Value Engineering options. The following packages are included: 1. Cast -in -Place Concrete 2. Structural Steel & Misc Metals 3. Joint Sealants 4. Plumbing 5. Electrical 6. Site Demolition 7. Earthwork 8. Storm Drainage 9. Pavement Marking 10. Architectural Precast Concrete 11. Fencing & Gates 12.Pavers 13. Landscaping & Irrigation These bids were based on 100% CD drawings dated 1/11/2023 and include the Addendum 1 drawings dated 1/30/2023. Included within this change is the remaining cost (77%) of the overall project GC/GR's and Fee. This project is scheduled for a 10-month duration with no weather days incorporated. This project will be impacted significantly by weather events such as rain, snow, and wind. Therefore, it should be anticipated based on historical data that there will be approximately 90 days of weather impacts to the overall schedule. This work will start at the completion of the Parking Deck project, and the project start date and completion date will be established via zero -dollar change order upon completion of the Parking Deck. Allowances are to be reconciled once the design documents are updated to reflect the approved Value Engineering options. Site Utilities and Electrical Systems designs should be updated by the relevant design consultant of record. Contractor agrees to coordinate with the City and Design Team to incorporate approved Value Engineering options into revised design documents under the criteria considered by the Subcontractors while obtaining deductions. PROJECT CONFIDENTIAL Property of Nabholz Construction Corporation Not for Duplication or Distribution This document includes data prepared in conjunction with the Project that is deemed trade secret or proprietary to Nabholz. This document is shared with the Project team solely for use on this Project consistent with the responsibilities of the Project team. The Recipients shall not duplicate, use, or disclose, in whole or in part, to any person, entity, or party outside the Project team without Nabholz' prior written authorization. Prolog Manager Printed on: 7/27/2023 Nabholz Page 1 Page 270 of 402 DocuSign Envelope ID: 066408B7-4B1A-44D3-9E5D-5F317A6FA40F "MTE681ry 0 '♦ I I 1 Prime Contract Change Order Private Confidential The original Contract Value was....................................................................................................................... $ Sum of changes by prior Prime Contract Change Orders................................................................................ $ The Contract Value prior to this Prime Contract Change Order was................................................................ $ The Contract Value will be changed by this Prime Contract Change Order in the amount of .......................... $ The new Contract Value including this Prime Contract Change Order will be .................................................. $ The Contract duration will be changed by......................................................................................................... The revised Substantial Completion date as of this Prime Contract Change Order is ..................................... Nabholz Construction Corporation City of Fayetteville CONTRACTOR Address BY Rob DO DocuSigned by: SIGNATURE Fbb UbU DATE 7127/ ETD2DEC1AF2D4B4_.. OWNER Address By SIGNATURE DATE 80, 000.00 10,859,585.28 10,939,585.28 5,521,396.00 16,460,981.28 31 Days 10/31/2024 PROJECT CONFIDENTIAL Property of Nabholz Construction Corporation Not for Duplication or Distribution This document includes data prepared in conjunction with the Project that is deemed trade secret or proprietary to Nabholz. This document is shared with the Project team solely for use on this Project consistent with the responsibilities of the Project team. The Recipients shall not duplicate, use, or disclose, in whole or in part, to any person, entity, or party outside the Project team without Nabholz' prior written authorization. Prolog Manager Printed on: 7/27/2023 Nabholz Page 2 Page 271 of 402 DocuSign Envelope ID: 066408B7-4B1A-44D3-9E5D-5F317A6FA40F JAA Rebid Packages GMP PROJECT NAME Civic Plaza PROD LOCATION Fayetteville, AR NABHOIZ R VIEW DATE 23 /OByrd ARCHITECT Nelson Woltz ESTIMATED DURATION 13 Mnth 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Job Phasel Nabholz Description Takeoff Quantity Grand Total Amount 01 Civic Space 03-0010 Concrete Global Concrete Allowance 1.00 Isum 1,187,431 03-0010 Concrete 1.00 Isum 1,187,431 05-1205 Structural Steel & Misc Metals Shade Structure Allowance 1.00 Isum 161,598 05-1205 Structural Steel & Misc Metals 1.00 Isum 161,598 07-1000 Joint Sealants Crum & Marshall 1.00 Isum 17,848 07-1000 Joint Sealants 1.00 Isum 17,848 22-0000 Plumbing Allied Plumbing 1.00 Isum 148,639 22-0000 Plumbing 1.00 Isum 148,639 26-1000 Electrical Arnold & Blevins Allowance 1.00 Isum 2,254,717 26-1000 Electrical 1.00 Isum 2,254,717 31-0000 Site Demolition Garrett X 1.00 Isum 197,053 31-0000 Site Demolition 1.00 Isum 197,053 31-1000 Earthwork Garrett X - no topsoil 1.00 Isum 344,316 SWPPP Maintenance Allowance 1.00 Isum 10,161 31-1000 Earthwork 1.00 Isum 354,477 32-0000 Storm Drainage Garrett X Allowance 1.00 Isum 704,358 32-0000 Storm Drainage 1.00 Isum 704,358 32-1000 Pavement Marking Custom Pavement 1.00 Isum 3,949 32-1000 Pavement Marking 1.00 Isum 3,949 32-2000 Architectural Precast Concrete Crete Cast Products 1.00 Isum 49,005 Precast Bench Install Allowance 1.00 Isum 50,805 32-2000 Architectural Precast Concrete 1.00 Isum 99,810 32-3113 Fencing & Gates Temp Fence Allowance 1.00 Isum 18,290 32-3113 Fencing & Gates 1.00 Isum 18,290 32-6000 Pavers Elevated Paver Systems Allowance 1.00 Isum 937,960 32-6000 Pavers 1.00 Isum 937,960 32-9323 Landscaping & Irrigation Topsoil Add for Building Exteriors 1.00 Isum 38,408 32-9323 Landscaping & Irrigation 1.00 Isum 38,408 01 Civic Space 1.00 Isum 6,124,537 Page 272 of 402 DocuSign Envelope ID: 066408B7-4B1A-44D3-9E5D-5F317A6FA40F PROJECT NAME PROD NABHOIZ R EVIEW DATE ARCHITECT ESTIMATED DURATION Rebid Packages GMP Civic Plaza Fayetteville, AR 7/26/2023 Nelson Byrd Woltz 13 Mnth Estimate Totals Cost of Work 6,124,537 6,124,537 Building Permit NIC Municipal Fees 6,124,537 General Liability 68,595 Builder's Risk 9,387 Performance Payment Bond 36,103 Insurance 114,085 6,238,622 Construction Contingency 30,000 Contingency 30,000 6,268,622 GCs & GRs 620,492 Entegrity Sustainability Consulting GCs/GRs 620,492 6,889,114 Preconstruction Services Fee Project Fee 331,423 4.590 Contractors Fee 331,423 7,220,537 Total 7,220,537 - Pricing excludes any/all work in the areas that are designated as future development and are highlighted in yellow on the attached Appendix A sheets. - Only demolition work will be performed in the area highlighted in red on the attached Appendix A sheets. - In the absence of a Geotechnical Report on the project site, the demolition pricing assumes the existing asphalt thickness is 3 inches. PROJECT CONFIDENTIAL Property of Nabholz Construction Corporation Not for Duplication or Distribution This document includes data that is deemed trade secret or proprietary to Nabholz and prepared in conjunction with the Project. This document is shared with the Project team solely for use on this Project consistent with the responsibilities of the Project team. The Recipients shall not duplicate, use, or disclose, in whole or in part, to any person, entity, or party outside the Project team without Nabholz' prior written authorization. Page 273 of 402 DocuSign Envelope ID: 066408B7-4B1A-44D3-9E5D-5F317A6FA40F Appendix A: Scope Clarifications (1 of 3) 0 NO WORK IN THESE AREAS THE AREAS HIGHLIGTED IN YELLOW ARE FUTURE CONSTRUCTION AND HAVE BEEN ELIMINATED FROM THE PROJECT. BENCHMARKS DEMOLITION NOTES: 1. ALL DEMOLITION IS TO BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE CITY, COUNTY, STATE AND/OR GOVERNING BODYS STANDARDS. 2. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL PERMITS ASSOCIATED WITH THE DEMOLITION WORK AS DESCRIBED & SHOWN ON THESE PLANS. 3. ALL WORK WITHIN CITY RIGHT—OF—WAY WILL REQUIRE AN EXCAVATION PERMIT IT IS THE CONTRACTORS RESPONSIBILITY TO OBTAIN THIS PERMIT. 4. THE EXISTING UTILITY LOCATIONS SHOWN ON THE PLANS ARE APPROXIMATE AND MAY NOT INCLUDE ALL UNES PRESENT. THE CONTRACTOR SHALL BE RESPONSIBLE TO CALL "811", AND COORDINATE FIELD LOCATION OF EXISTING UNDERGROUND UTILITIES PRIOR TO BEGINNING DEMOUTION ACTINTIES. HKNOW WHAT'S BELOW. CALL BEFORE YOU DIGH 5. CONTRACTOR SHALL COORDINATE WITH WATER, GAS, ELECTRIC, TELEPHONE/FIBER, CABLE AND SANITARY SEWER PROVIDERS TO TERMINATE ALL EXISTING SERVICES TO BUILDINGS MARKED FOR DEMOUTION ON THESE PLANS. CONTRACTOR SHALL VERIFY WITH UTILITY PROVIDERS THAT SERVICES HAVE BEEN DISCONNECTED PRIOR TO ANY REMOVAL OF INTERNAL SERVICE UNES. 6. THE DEMOLITION PLAN AND EXISTING CONDITIONS SHOWN ARE APPROXIMATE. CONTRACTOR SHALL INSPECT AND FIELD VERIFY THE EXISTING SITE CONDITIONS TO BECOME ACQUAINTED WITH ALL EXISTING CONDITIONS WHICH EFFECT ANY AND ALL WORK ASSOCIATED WITH THE DEMOLITION PLANS. 7. ALL EXISTING SANITARY SEWER, STORM SEWERS, WATER SERVICE, GAS SERVICE, TELEPHONE SERVICE, ETC. WITHIN THE AREA OF THE BUILDINGS AND OUTSIDE THE BUILDINGS TO BE DEMOLISHED SHALL BE REMOVED FROM THE SITE AND DISPOSED BY THE CONTRACTOR. 8. ALL EXISTING BUILDING FOUNDATIONS, CONCRETE, ASPHALT PAVEMENT, CURB & GUTTER, RETAINING WALLS AND MISCELLANEOUS STRUCTURES INCLUDING BUT NOT LIMITED TO LIGHT POLES AND BASES, AND MISCELLANEOUS DEBRIS SHALL BE DEMOLISHED AND REMOVED FROM THE SITE AND SHALL BE DISPOSED OFF —SITE AT CONTRACTORS EXPENSE TO AN APPROVED DUMP SITE, UNLESS OTHERWISE NOTED. 9. IN THE EVENT THE CONTRACTOR ENCOUNTERS MATERIAL ON —SITE REASONABLY BELIEVED TO BE ASBESTOS, LEAD —BASED PAINT OR ANY OTHER HAZARDOUS MATERIAL, SAID MATERIAL SHALL BE REMOVED AND DISPOSED BY THE CONTRACTOR IN ACCORDANCE WITH CITY, COUNTY, STATE & FEDERAL REGULATIONS. 10. DEBRIS SHALL NOT BE BURIED ONSITE. ALL UNSUITABLE MATERIAL AND DEBRIS SHALL BE REMOVED FROM THE SITE AND PROPERLY DISPOSED OFF —SITE IN ACCORDANCE WITH ALL CITY, STATE, COUNTY & FEDERAL LAWS AND ORDINANCES. 11. IF EXISTING UN —CAPPED WATER WELLS ARE DISCOVERED ON —SITE, CONTRACTOR SHALL COORDINATE WITH AN AUTHORIZED COMPANY TO HAVE WELLS PLUGGED AND CAPPED IN ACCORDANCE WITH ALL CITY, COUNTY, STATE & FEDERAL LAWS AND ORDINANCES. 12. IF EXISTING SEPTIC SYSTEMS ARE DISCOVERED ON —SITE, CONTRACTOR SHALL COORDINATE WITH A SEPTIC HAULER TO PUMP ANY REMAINING WASTEWATER AND SLUDGE FROM ALL THE TANKS IN THE SYSTEM. CONTRACTOR SHALL REMOVE EXISTING SEPTIC TANKS, LATERAL FIELDS AND ALL OTHER PARTS OF THE SYSTEM IN ACCORDANCE WITH CITY, COUNTY, STATE & FEDERAL LAWS AND ORDINANCES. 13. ANY AREA DISTURBED BY DEMOLITION THAT WILL NOT BE DISTURBED IN PROPOSED GRADING ACTIVITIES SHOWN ON THESE PLANS SHALL HAVE TOPSOIL PLACED, SEEDED AND MULCHED ACCORDING TO THE CONTRACT SPECIFICATIONS. 14. ALL GAS MAINS & STRUCTURES SHALL BE PROTECTED IN PLACE LEGEND AREA OF DEMOLITION: REMOVE AND DISPOSE OF EXISTING CONCRETE, ASPHALT, SIDEWALK AND CURB AND GUTTER. SAW CUT EXISTING CONCRETE, CURB AND GUTTER, ASPHALT, OR SIDEWALK. — — — — — — — — — RIGHT—OF—WAY LINE — — — — PROPERTY LINE — — — — — — — — — BUILDING SETBACK ----------------- UTILITY EASEMENT —SD—SD SD EXIST. STORM LINE EXIST. WATER LINE cns EXIST. GAS UNE — — EXIST. CONTOUR ® BENCHMARK ^ EXIST. LIGHT POLE TO REMAIN OO EXIST. TRANSFORMER TO REMAIN ® EXIST. GRATE INLET TO REMAIN EXIST. TREE TO REMAIN I L EXIST. CURB AND GUTTER TO REMAIN a EXIST. LIGHT POLE TO BE REMOVED UJI EXIST. TRANSFORMER TO BE REMOVED 99 EXIST. GRATE INLET TO BE REMOVED EXIST. TREE TO BE REMOVED II EXIST. CURB AND GUTTER TO BE REMOVED yL iV i EXIST. TREE TO BE REMOVED I 1 EXIST. TREE TO REMAIN r 1 L—J EXIST. STRUCTURE TO REMAIN CHISELED "+" IN CONCRETE BESIDE SEAT WALL AT SW CORNER OF INTERSECTION OF DICKSON ADN WEST N - 637841.242 E - 672341.530 ELEV. - 1331.48 H MAG NAIL AT NORTH SIDE OF TRAIL I CROSSING ALONG SPRING ST. N - 637289.968 E - 672245.678 0' 15' 30' 80' SCALE IN FEET ELEV.- 1324.44 3 CIIIIIIlMmpuaig. Nelson Byrd Woltz Landscape Architects 310 East Market Street Charlottesville, VA 22902 T.434.984.1358 F.434.984.4158 www.nbwla.com flintlock encxitsctuns '��exoscenc olsson TILLETT ENS]AFINGINEERING .,. :illfS LAC -. Suit, 2G"30 »IEJtlA161Hl�lI� dro 'i _^MM^tig A ARCHETYPE NO. Date Issues/Revisions I IU-UI-2I /U7o UU 2 10-29-21 100% DID 3 07-22-22 50%CD 4 11-11-22 90%CD 5 12-02-22 100%CD 6 01-26-23 ADDENDUM I PROFESSIONAL ENGINEER 01/26/2023 Upper Ramble Public Spaces Fayetteville, Arkansas 100% CONSTRUCTION DOCUMENTS PROJECT NO.: FVLI814 DRAWN BY: NF, ZP, EH, AG CHECKED BY: ZP, NF, JA DEMOLITION PLAN DATE: JANUARY, 262023 SCALE: C 1.00 Page 274 of 402 DocuSign Envelope ID: 066408B7-4B1A-44D3-9E5D-5F317A6FA40F I CROSS -HATCHED AREA TO BE CONSTRUCTED AFTER DEVELOPMENT IS COMPLETED - TO BE BID WITH CURRENT PROJECT D' W I_ 12' w O J _ 42 -- -- -- � -j-EX. SANITARY MANHOLE FL= 1330.54 F- 49 O DICKSON STREET KEYNOTES: O INSTALL COBBLES. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. Appendix A: Scope Clarifications (2 of 3) O INSTALL CONCRE E. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. O INSTALL ASPHALT. SEE SHEET C6.00 FOR DETAIL ® ® INSTALL PAVERS. SEE LANDSCAPE ARCHITECT PLANS II FOR DETAIL. INSTALL GUTTER. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. I I 6 O INSTALL CONCRETE. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. li cASEMENTA _ � W o- Z _ 0 N I 18 �ti O) y L � V7i D 17 7 n 21 27 Oi O -EXTENTS OF FUTURE / BUILDING PER SEPARATE - /PLANS & CONSTRUCTED / UNDER SEPARATE CONTRACT /® L /2J 4' 2 33 1 42' 33 �.0 ' 74 S' .9• II I 24 - - 8 / 1 s 14 - E 24 Q- 7 24 ° 24 , 5 23 5 24 0 7 R972' 33 / 3��?" ��ONry 14 O I 6 5 O / a / 3 12' 11 7 41 / 2 / 32 � O I � / � I I >✓ o MATCH LINE - REFER TO C2.01 - SITE PLAN AND UTILITY PLAN SOUTH U o PAVEMENT MARKING NOTES: GENERAL NOTES: 0 5 CO TR T 0 TE T W O i INSTALL CONCRETE. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL " w NO WORK IN THESE AREAS INSTALL GRANITE. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. O ADA ACCESSIBLE CURB RAMP. SEE SHEET C6.00 FOR DETAIL H EX. SANITARY MANHOLE FL= 1323.61 10 & GUTTER.SEE SHEETRCUCT 6.00 FORDDARD ETAILCURB 11 PROVIDE 2' CURB TRANSITION TO PAVEMENT. SEE SHEET C6.00 FOR DETAIL 46 12 CONSTRUCT CONCRETE SIDEWALK FLUSH WITH PAVEMENT �- WATER - CP PROFILE 13 CONSTRUCT OPEN AIR CHANNEL SEE LANDSCAPE ARCHITECT PLANS FOR DETAILS. R A 'hh 1 4 ARCHITECT PLANSRFOR DETAILS L SEE LANDSCAPE R25 I 15 VALVE. VALVE 2 UD"MUST TAPPINGMUSTPAINTED RED WTH THCONSTRUCT SADDLE AND EnON WORD "FIRE" CAST ON IT 43 LF WATER 8" D.I.P PUBLIC WATER MAIN W/ 42" MIN. 25' 76 R. BUILD I1340 8" GATE VALVE, CAP, & RESTRAINED COUPUNG -TO -ZONE w� 1340 17 m 1g 8" FlRELINE STUB AND 2" METER BOX 1B 4' DIAMETER SANITARY SEWER MANHOLE. SEE SHEET C6.01 FOR DETAIL O 24 F,¢- co 20 23 LF 6" SANITARY SERVICE LINE -� I SANITARY SEWER CLEANOUT AND CAP '^ STEEL SHADE STRUCTURE. REFER TO STRUCTURAL �EX.I 40' R/W-� 22 ENGINEER FOR DETAIL AND SPECIFICATIONS. -- 01335 I 1335 23 PROPOSED CONTROLS ROOM. SEE LANDSCAPE ARCHITECT AND STRUCTURAL PLANS FOR DETAILS. LANDSCAPE FURNISHINGS. REFER TO LANDSCAPE �- 24 ARCHITECT PLANS FOR DETAILS STA: 0+17.57 EXISTING WATER LINE STUB FOR FUTURE BUILDING I EXISTING SANITARY CSD ROSSING 10.42 LF 25 CONNECTION - 11 INV. 1330.73 DIP SDR-26 01.43% EXISTING SANITARY SEWER STUB FOR FUTURE BUILDING O O INSTAL 25.23 fINSTAL 26 CONNECTION 6" DIP ®1 00% 27 EXISTING 36" RCP STORM RE-ROUTE. 24 CONSTRUCT 12'X8" TAPPING 8" GATE VALVE, CAP, & RESTRAINED COUPUNG CONSTRUCT CONCRETE STAIRS SEE LANDSCAPE 1� I SADDLE AND VALVE 28 ARCHITECT PLANS FOR DETAIL. 1330 . / I' I- INSTALL 4.24 LF 29 INSTALL 6" HOPE STORM PIPE T _ 45 DEGREE VERTICAL BEND CD Oj 8" DIP SDRPZ -26 ® 1.00% STA: 0+32.46 ROOF RAIN 30 LANDSCAPE ARCHITECTON TO PLANS FOR DETAILS R F R TO FL= 1329.78 45 DEGREE VERTICAL BEND INSTALL 6" UNDERDRAIN. CONNECT TO PROPOSED STORM STA: 0+04.24 W FIRE NE STUB 31 SYSTEM 20 FL= 1330.04 AND 2" METER BOX Q INSTALL 12" HOPE STORM PIPE (TYP.) L I 45 DEGREE VERTICAL BEND 45 DEGREE VERTICAL BEND - STA: 0+05.74 STA: 0+30.96 _LIT I � IO 24 TPI FL= 1328.54 i FL= 1328.28 33 APPROX. LOCATION OF EXISTING 6 XB BOX CULVERT 34 INSTALL 45 DEGREE BEND ~ INSTALL FOUNTAIN DRAIN UNE, CONTRACTOR TO REFER TO FOUNTAIN MANUFACTURER FOR DETAILS <n f'm STA: 0+37 PROPOSED IRRIGATION CISTERN. REFER TO IRRIGATION M 24" RCP EXISTING STORM CROSSING 36 PLANS FOR DESIGN AND DETAILS o+H INV. 1324.55 ASPHALT PATCH FOR NEW SANITARY SERVICE - 37 CONNECTION. SEE SHEET C6.01 FOR DETAIL 10' 38 ELECTRIC TRANSFORMER PAD LOCATION 39 ELECTRIC METER LOCATION 40 IRRIGATION CABINET LOCATION 5 EXISTING IRRIGATION CISTERN. EXTENDED MANHOLE TO 0+00 0+42.88 41 FINISHED GRADE. SEE SHEET C6.01 FOR DETAIL 2.5' 42 ASPHALT PATCH FOR NEW WATER SERVICE CONNECTION. SEE SHEET C6.01 FOR DETAIL 0' ® FURNISH AND INSTALL 43 LF 6" FIRE UNE STUB OUT 0' 10' 2 40' IN SCALE IN FEET FURNISH AND INSTALL 44 LF 2" DOMESTIC WATERUNE 44 STUB OUT - _ ® EXISTING Y WATER METER CONSTRUCT MOUNTABLE CURB & GUTTER ALONG I� ® EFFECTIVE RADIUS. SEE SHEET C6.00 FOR DETAIL ICI = 0 U- 1. DO NOT APPLY PAVEMENT MARKING PAINT UNTIL LAYOUT, COLORS AND PLACEMENT HAVE BEEN VERIFIED WITH THE ARCHITECT. 1(. CONTRACTOR SHALL HAVE ONE (1) SIGNED COPY THE PLANS 10. CONTRACTOR SHALL TAKE CARE NOT TO DAMAGE ANY EXISTING DO (WiHPROVED BY CITY OF FAYETTEVILLEONS, AR AND ONE ((1 COPY OF DSTANDA�DS & GSITE N STREET, CURB AND GUTTER, SIDEWALK, DRIVEWAYS OR STRUCTURE UNLESS SHOWN TO BE REMOVED. U 2. ALLOW CONCRETE PAVING TO AGE FOR 28 DAYS BEFORE MARKING. SPECIFICATIONSAPPROP ATTE THE ATALLTIMES.ON 11. ALL WORK WITHIN ROAD RIGHT-OF-WAY SHALL CONFORM TO U 3. ALL PAVEMENT SURFACES SHALL BE CLEANED/CLEARED OF ANY DEBRIS OR Z CURING COMPOUNDS IN ACCORDANCE WITH MANUFACTURES REQUIREMENTS PRIOR 2. ALL REFERENCES CONTAINED WITHIN THESE PLANS TO THE OWNER'S ENGINEER ARE HEREBY REFERENCED OLSSON, INC. THE CITY OF FAYETTEVILLE, AR REQUIREMENTS, UNLESS OTHERWISE NOTED. LD TO ANY MARKING APPUCATIONS. 3. THE EXISTING UTILITY LOCATIONS SHOWN ON THE PLANS ARE 12. ALL TRAFFIC CONTROL SHALL BE IN CONFORMANCE WITH THE `N 4. DETAILS NOT SHOWN SHALL BE IN CONFORMITY WITH THE STATE STANDARDS APPROXIMATE AND MAY NOT INCLUDE ALL LINES PRESENT. THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES MUTCD ( ) t FOR TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, AND SIMILAR CONTRACTOR SHALL BE RESPONSIBLE TO CALL 811 OR 1-800-482-8998, AND COORDINATE FIELD LOCATION OF EXISTING 13. CONTRACTOR IS RESPONSIBLE FOR PROTECTION OF ALL REQUIREMENTS ESTABLISHED BY THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION. p UNDERGROUND UTILITIES PRIOR TO BEGINNING GRADING ACTIVITIES. IISTOPII CALL BEFORE YOU DIGIT PROPERTY CORNERS. ANY PROPERCORNER DISTURBED OR TY DAMAGED BY GRADING ACTIVITIES SHALL BE RESET BY A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF - 5. PAINT FOR MARKING PAVEMENT SHALL CONFORM TO FEDERAL HIGHWAY 4. UTILITIES AS SHOWN WERE OBTAINED FROM INFORMATION ARKANSAS, AT THE CONTRACTORS EXPENSE. p MARKING STANDARDS. USE SHERWIN WILLIAMS PROFESSIONAL FAST DRY ACRYLIC INDICATED ON THE SURVEY OR BY FIELD OBSERVATION. _ LATE( TRAFFIC MARKING PAINT OR EQUAL, USE WHITE, BLUE OR YELLOW, WHERE APPROPRIATE. UNLESS OTHERWISE DIRECTED, USE THE FOLLOWING: CONTRACTOR SHALL FIELD VERIFY ALL HORIZONTAL AND VERTICAL ONES AND GRADES OF EXISTING UTIUTIES PRIOR TO THE CONSTRUCTION OF IMPROVEMENTS. CONTRACTOR SHALL NOTIFY THE 14. CONTRACTOR AND SUBCONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING ALL EARTHWORK QUANTITIES. CONTRACTOR SHALL PROVIDE ALL WORK AND MATERIALS AS SHOWN TO COMPLETE IN SYSTEM. SEE LANDSCAPE NOTE: UNLESS OTHERWISE STATED ON THESE PLANS, �T ♦Y ASH IS NOT AASH IS NOT A CONTRACTOR TO REFER LANDSCAPE PLANS FORREE VERTICAL BEND dM� SUITABLEREPLACEMENTFORLAYOUT OF ALL SITE FURNISHINGS LIGHTPOLES MENT. SEE SHEET C6.03 FOR SHALL BE FORTHE AING ND FREEPOFLIC STREETS IINCTOR THE VICINITY OFRESPTHEONSIBLE JOB SITE LEGEND ROCKS, SOIL/MUD AND DEBRIS DURING ALL PHASES OF CONSTRUCT N. - - - RIGHT-OF-WAY UNE - - - - - - PROPERTY UNE 22. CONTRACTOR SHALL CLEAN OUT ALL EXISTING AND PROPOSED INLETS, PIPES AND MANHOLES OF DEBRIS AND SEDIMENTATION AT ----------------- UTILITY EASEMENT PROPOSED BUILDING SETBACK COMPLETION OF SIIEWORK. THIS WORK SHALL BE DONE TO THE SATISFACTION OF THE OWNER AND THE CITY OF FAYETTEVLLE, AR. A BENCHMARK 23. CONTRACTOR SHALL RETAIN FLOATABLE WIND BLOWN MATERIALS ON SITE BY STORING ALL TRASH AND BUILDING MATERIAL WASTE IN INSTALL DOMESTIC WATER SERVICE LINE GAS INSTALL GAS SERVICE ENCLOSURES UNTIL PROPER DISPOSAL AT AN OFF -SITE FACILITY. 5G INSTALL STORM SEWER PIPE CONTRACTOR TO CHECK ADJACENT AREAS DAILY AND PICK UP CONSTRUCTION WASTE MATERIALS AND DEBRIS THAT HAVE BLOWN OR WASHED OFF -SIZE. 55 INSTALL SANITARY SEWER SERVICE FG INSTALL COMMUNICATION UNE LICE UGE INSTALL UNDERGROUND ELECTRIC LINE Q A. BLACKTOP OR BITUMINOUS ASPHALT PAVING: USE YELLOW COLOR. B. PORTLACE CEMENT CONCRETE PAVING: USE YELLOW COLOR. ENGINEER IMMEDIATELY UPON DISCOVERY OF A DISCREPANCY CONSTRUCTION SHOWN ON PLANS. 24. CONTRACTOR IS RESPONSIBLE FOR PROVIDING BERMS, SILT ® LOCATION OF PROPOSED STORM STRUCTURE U a C. ADA ACCESSIBLE PARKING AND ENTRYWAYS: USE YELLOW COLOR. BETWEEN THE CONTRACT DRAWINGS AND ACTUAL FIELD CONDITIONS. 15. THE CONTOUR UNES, SPOT ELEVATIONS AND BUILDING FLOOR FENCES, OR OTHER MEANS TO PREVENT ERODED MATERIALS FROM REACHING THE PUBLIC RIGHT-OF-WAY AND ADJACENT PROPERTIES. ♦ BENCHMARK D. PROVIDE PAINTED CURBS AT FIRE LANE DESIGNATIONS PER FIRE MARSHAL Q 5. CONTRACTOR SHALL NOT CHANGE OR DEVIATE FROM THE PLANS ELEVATIONS SHOWN ARE TO FINISH GRADE FOR TOP OF PAVEMENT, IN THE EVENT THE PREVENTION MEASURES ARE NOT EFFECTIVE, THE BENCHMARKS: O EXIST. LIGHT POLE REQUIREMENTS. WITHOUT FIRST OBTAINING WRITTEN APPROVAL FROM THE OWNER AND ENGINEER. SIDEWALKS, CURBS AND FLOOR SLABS, ETC. REFER TO TYPICAL SECTIONS FOR PAVING, SLAB AND AGGREGATE BASE THICKNESS TO CONTRACTOR SHALL REMOVE ANY DEBRIS, SILT, OR MUD AND RESTORE THE RIGHT-OF-WAY TO ORIGINAL OR BETTER CONDITION. © 0 EXIST. TRANSFORMER EXIST. WATER METER a+ 6. APPLY ALL MARKINGS USING APPROVED MECHANICAL EQUIPMENT (WITH DEDUCT FOR GRADING LINE ELEVATIONS. 25. CONTRACTOR SHALL BE RESPONSIBLE TO CONTROL "+" ® EXIST. GRATE INLET N PROVISIONS FOR CONSTANT AGITATION OF PAINT, CAPABLE OF APPLYING THE 6 CONTRACTOR SHALL BE RESPONSIBLE TO OBTAIN ALL PERMITS AND PAY ALL FEES AS REQUIRED BY THE CONSTRUCTION COVERED 16. CONTRACTOR SHALL FINISH GRADE SLOPES AS SHOWN NO DOWNSTREAM EROSION AND SILTATION DURING ALL PHASES OF CHISELED IN CONCRETE BESIDE Q MARKING WIDTHS AS SHOWN. PROVIDE A MINIMUM WET FILM THICKNESS OF 15 IN THESE PLANS. STEEPER THAN 1 FOOT VERTICAL IN 3 FEET HORIZONTAL. CONSTRUCTION. EROSION CONTROL PROCEDURES SHALL BE IN SEAT WALL AT SW CORNER OF EXIST. POWER POLE v MILS. USE PNEUMATIC SPRAY GUNS FOR HAND APPLICATION OF PAINT. ALL PLACE PRIOR TO BEGINNING GRADING ACTIVITIES. INTERSECTION OF DICKSON ADN WEST EXIST. POWER POLE W/ LIGHT PAINTING EQUIPMENT AND OPERATIONS SHALL BE UNDER THE CONTROL OF EXPERIENCED TECHNICIANS THOROUGHLY FAMILIAR WITH EQUIPMENT AND 7, ALL WORK AND MATERIALS SHALL BE SUBJECT TO INSPECTION AND APPROVAL BY THE OWNER OR THE OWNER'S REPRESENTATIVE. 17. THE CONTRACTOR SHALL GRADE LANDSCAPED AREAS AT A MIN. OF 1% TO PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDINGS AND 26. CONSTRUCTION ACCESS TO THE SITE SHALL BE UMITED TO THE N - 637841.242 ® g`^'� EXIST. STEEL POST EXIST. WATER VALVE MATERIALS AND MARKING LAYOUTS. SIDEWALKS S WHEN FINISH LANDSCAPE MATERIALS ARE IN PLACE, SAP HEET TEMPORARY CONSTRUCTION ENTRANCE(S) AS SHOWN ON PROP. LIGHT POLE LOCATION. SEE LANDSCAPE E; 7. DETAIL PAVEMENT MARKINGS SHALL BE THAT MARKING, EXCLUSIVE OF ACTUAL TRAFFIC LANE MARKING, AT EXIT AND ENTRANCE ISLANDS AND TURNOUTS, ON 8. ANY ESTIMATES OF QUANTTIES ARE FOR INFORMATIONAL PURPOSES ONLY. CONTRACTOR AND SUBCONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING ALL QUANTITIES. CONTRACTOR 18. ALL BACKFlLL SHALL BE TAMPED. BACKFlLL WITHIN THE 27. TEMPORARY CONSTRUCTION ENTRANCE SHALL HAVE SHOT ROCK E - 672341.530 ELEV. - 1331.48 ARCHITECT PLANS FOR DETAIL 01 CURBS, AT CROSSWALKS, AT PARKING BAYS AND AT SUCH OTHER LOCATIONS AS g SHALL PROVIDE ALL WORK AND MATERIALS TO COMPLETE CONSTRUCTION AS SHOWN ON PLANS. RIGHT-OF-WAY SHALL BE COMPACTED TO 95% MAX. DENSITY AS PER ASTM-D698 (STANDARD PROCTOR COMPACTION) FOR ITS SURFACE. SHOWN. ADA ACCESSIBLE PARKING SPACES SHALL BE MARKED BY THE 28. EROSION CONTROL DEVICES SHALL BE MAINTAINED DURING THE INTERNATIONAL ACCESSIBLE SYMBOL AT INDICATED PARKING SPACES. USE A SUITABLE TEMPLATE THAT WILL PROVIDE A PAVEMENT MARKING WITH TRUE, SHARP EDGES AND ENDS. 9, THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF THE RIGHT-OF-WAY AND FOR DAMAGED IMPROVEMENTS SUCH AS CURBS, SIDEWALKS, STREET LIGHT AND TRAFFIC SIGNAL 19. THE CONTRACTOR IS RESPONSIBLE FOR ATTENDING TO AND CORRECTING UNSUITABLE SOIL CONDITIONS RELATED TO PLOW ZONES, WET SOILS AND OTHER CONDITIONS. THE UNSUITABLE CONDITIONS MUST BE CORRECTED PER THE GEOTECHNICAL WHOLE CONSTRUCTION PERIOD BY THE CONTRACTOR. 29. CONTRACTOR SHALL PROTECT ANY STORM INLETS FROM SEDIMENT THAT TAKE STORM WATER FROM THE AREA OF MAG NAIL AT NORTH SIDE OF TRAIL CROSSING SPRING ST. ��f _. JUNCTION BOXES, TRAFFIC SIGNAL LOOP LEAD INS, SIGNAL POLES, ETC. DAMAGED IMPROVEMENTS SHALL BE REPAIRED IN ENGINEER'S REPORT, WHERE REQUIRED, TO MEET PROJECT NEEDS. CONSTRUCTION. ALONG N - 637289.968 8q�y, 'i CONFORMANCE WITH THE LATEST CITY STANDARDS AND TO THE CITYS SATISFACTION. 20. ALL EXTERIOR CONCRETE SHALL HAVE A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 4000 PSI AND BE AIR ENTRAINED. 30. ALL DISTURBED AREAS SHALL BE STABILIZED IN ACCORDANCE WITH THE APPROVED EROSION CONTROL PLAN. E - 672245.678 0' 10' 20' 4d 91111111IMu91 ft. SCALE IN FEET ELEV.- 1324.44 Nelson Byrd Woltz Landscape Architects 310 East Market Street Charlottesville, VA 22902 T.434.984.1358 F.434.984.4158 www.nbwla.com flintlock e.cxl Tsc]u.. '&Ueel9sce9c olsson TILLETT s FNSAENGINEERING iM OLD J III L-0. 47 IN, j,ekBI 1 SCR, 26.830 II 0 4 MC r au J^MMObc, A ARCHETYPE 2 10-29-21 100% DID 3 07-22-22 501 4 11-11-22 90%CD 5 12-02-22 100%CD 6 01-26-23 ADDENDUM I PROFESSIONAL ENGINEER `iG� Ne. 199]9�y19�,, 0l/26/2023 Upper Ramble Public Spaces Fayetteville, Arkansas 100% CONSTRUCTION DOCUMENTS DRAWN BY: NF, ZP, EH, AG SITE PLAN AND UTILITY PLAN NORTH C2.00 Page 275 of 402 DocuSign Envelope ID: 066408B7-4B1A-44D3-9E5D-5F317A6FA40F ` _I_-ATC�HLINE REFER TOC2.00-: Appendix A: Scope Clarifications (3 of 3) -MUST REMAIN ON \ TIMES. PE \ I - -- -- -- -- — — Z N un ——_<N O- - 9anllary MH Ra=131TO NO WORK IN THESE AREAS . NO IMPROVEMENTS IN THIS AREA. AREA TO BE DEMOED AND STABILIZED FOR IMPROVEMENTS IN A FUTURE PROJECT. BUILD —TO —ZONE 40' R/W NOTE: CONTRACTOR TO REFER LANDSCAPE PLANS FOR LAYOUT OF ALL SITE FURNISHINGS, LIGHTPOLES, HARDSCAPE MATERIALS, AND STRUCTURES. BENCHMARKS: KEYNOTES: O INSTALL COBBLES. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. O INSTALL CONCRETE. SEE LANDSCAPE ARCHITECT PLANS Is FOR DETAIL. O3 INSTALL ASPHALT. SEE SHEET C8.00 FOR DETAIL ® E INSTALL PAVERS. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. O INSTALL GUTTER. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. © INSTALL CONCRETE. SEE LANDSCAPE ARCHITECT PLANS �FOORR DDEETA^IL. O INSTALL CONCRETE. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL INSTALL GRANITE. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL. O ADA ACCESSIBLE CURB RAMP. SEE SHEET C6.00 FOR DETAIL 10 II' CONSTRUCT STANDARD CURB & GUTTER.SEE SHEET C6.00 FOR DETAIL 11 PROVIDE 2' CURB TRANSITION TO PAVEMENT. SEE SHEET C6.00 FOR DETAIL 12 CONSTRUCT CONCRETE SIDEWALK FLUSH WITH PAVEMENT OCONSTRUCT OPEN AIR CHANNEL. SEE LANDSCAPE 13 ARCHITECT PLANS FOR DETAILS. CONSTRUCT CONCRETE SEAT WALL. SEE LANDSCAPE 14 ARCHITECT PLANS FOR DETAILS 15 CONSTRUCT 12'X6" TAPPING SADDLE AND VALVE 16 37 LF WATER 6" D.I.P FIRELINE W/ 42" MIN. COVER. 17 8" GATE VALVE, PLUG, & RESTRAINED COUPLING 1g B" FREUNE STUB AND 2" METER BOX 1g 4' DIAMETER SANITARY SEWER MANHOLE 20 20 LF 6" SANITARY SERMCE LINE 21 SANITARY SEWER CLEANOUT STEEL SHADE STRUCTURE. REFER TO STRUCTURAL 22 ENGINEER FOR DETAIL AND SPECIFICATIONS. PROPOSED CONTROLS ROOM. SEE LANDSCAPE ARCHITECT 23 AND STRUCTURAL PLANS FOR DETAILS. LANDSCAPE FURNISHINGS. REFER TO LANDSCAPE 24 ARCHITECT PLANS FOR DETAILS EXISTING WATER LINE STUB FOR FUTURE BUILDING 25 CONNECTION EXISTING SANITARY SEWER STUB FOR FUTURE BUILDING 26 CONNECTION 27 EXISTING 36" RCP STORM RE-ROUTE. CONSTRUCT CONCRETE STAIRS. SEE LANDSCAPE 28 ARCHITECT PLANS FOR DETAIL. 2g INSTALL 6" HOPE STORM PIPE ROOF DRAIN CONNECTION TO BUILDING. REFER TO 30 LANDSCAPE ARCHITECT PLANS FOR DETAILS INSTALL 6" UNDERDRAIN. CONNECT TO PROPOSED STORM 31 SYSTEM 32 INSTALL 12" HOPE STORM PIPE (TYP.) 33 APPROX. LOCATION OF EXISTING 6'X6' BOX CULVERT 34 INSTALL 45 DEGREE BEND OINSTALL FOUNTAIN DRAIN UNE, CONTRACTOR TO REFER 35 TO FOUNTAIN MANUFACTURER FOR DETAILS PROPOSED IRRIGATION CISTERN. REFER TO IRRIGATION 36 PLANS FOR DESIGN AND DETAILS ASPHALT PATCH FOR NEW SANITARY SERMCE 37 CONNECTION. SEE SHEET G6.01 FOR DETAIL 38 ELECTRIC TRANSFORMER PAD LOCATION 3g ELECTRIC METER LOCATION ® IRRIGATION CABINET LOCATION EXISTING IRRIGATION CISTERN. EXTENDED MANHOLE TO 41 FINISHED GRADE. SEE SHEET C6.01 FOR DETAIL CONSTRUCT CONCRETE WALL SEE LANDSCAPE 42 ARCHITECT PLANS FOR DETAILS ® FURNISH AND INSTALL 43 LF 6" FIRE UNE STUB OUT OFURNISH AND INSTALL 44 LF 2" DOMESTIC WATERUNE 44 STUB OUT ® EXISTING 2" WATER METER ®CONSTRUCT MOUNTABLE CURB & GUTTER ALONG EFFECTIVE RADIUS. SEE SHEET C6.00 FOR DETAIL 47 20 LF MULTIFLOW UNDERDRAIN SYSTEM. SEE LANDSCAPE ARCHITECT SHEET L5.10 FOR DETAIL ® INSTALL 12" X 18" TEE LEGEND RIGHT-OF-WAY UNE - - - - — PROPERTY LINE - - - - - UTILITY EASEMENT PROPOSED BUILDING SETBACK A BENCHMARK w INSTALL DOMESTIC WATER SERMCE UNE GAs INSTALL GAS SERMCE so INSTALL STORM SEWER PIPE INSTALL SANITARY SEWER SERMCE INSTALL COMMUNICATION LINE uGE ucE INSTALL UNDERGROUND ELECTRIC UNE ® LOCATION OF PROPOSED STORM STRUCTURE BENCHMARK d EXIST. UGHT POLE EXIST. TRANSFORMER EXIST. WATER METER I-+ EXIST. GRATE INLET EXIST. POWER POLE CHISELED "+" IN CONCRETE BESIDE EXIST. POWER POLE W/ LIGHT EXIST. STEEL POST SEAT WALL AT SW CORNER OF EXIST. WATER VALVE �^ INTERSECTION OF DICKSON ADN WEST PROP. UGHT POLE LOCATION. SEE LANDSCAPE ARCHITECT PLANS FOR DETAIL N - 637841.242 E - 672341.530 ELEV. - 1331.48 N MAG NAIL AT NORTH SIDE OF TRAIL CROSSING ALONG SPRING ST. Or(/Clr/I/JG/J N - 637289.968 R'°'++''bI v� E - 672245.678 0' 10' 20' 40' calllll wem9. SCALE IN FEET ELEV.- 1324.44 Nelson Byrd Woltz Landscape Architects 310 East Market Street Charlottesville, VA 22902 T.434.984.1358 F.434.984.4158 www.nbwla.com flintlock ns 'REeHoscenE olsson TILLETT FNSAENGINEERING I TCC',;)LJ J 111 S LJC 41 lack BI 1 S t_ 2660 g:, III s GOFy4 »IEJtlA161H✓�91� ciro _^MM^tig A ARCHETYPE NO. Date Issues/Revisions I IU-UI-21 /U% DID 2 10-29-21 100% DID3 07-22-22 50% CD 4 11-11-22 90%CD 5 12-02-22 100% CID 6 01-26-23 ADDENDUM I P-�/RO�FESS1aN�Al ENGINEER ��L' Ne. 19979Opyrr•• O1/26/2023 Upper Ramble Public Spaces Fayetteville, Arkansas 100% CONSTRUCTION DOCUMENTS PROJECT NO.: 1814 DRAWN BY: NF, ZP, EH, AG CHECKED BY: ZP, NF, JA SITE PLAN AND UTILITY PLAN SOUTH DATE: JANUARY, 262023 SCALE: C2.01 Page 276 of 402 DocuSign Envelope ID: O664O8B7-4B1A-44D3-9E5D-5F317A6FA4OF VALUE ANALYSIS •O• PROJECT NAME: Civic Plaza Re -Bid Packages GMP NA OLZ REPORT DATE: 7/27/2023 Date Comments Alternates Alternate #1 Provide alternate paver options for all ($308,972.00) 2 1 but paver type P4. Alternate #2 Provide alternate paver options for all 2 pavertypes. x ($408,212.00) 1 Alternate #3 Provide alternate pricing to remove black granite aggregate and use typical aggregate x ($83,479.00) 3 with a sandblast finish. Alternate #4 Provide deductive alternate to remove 4 the demolition of the existing asphalt. x ($31,550.00) Value Engineering Remove Shade Structure Allowance from scope Footings for Shade Structure would remain. An x ($159,038.00) allowance would have to be held to provide an 1 enclosure for the electrical panels. Allowance to reduce Signage and Wayfinding scope This allowance is based on carrying 0 for the to only include the signage along the trail. x ($94,000.00) signage package along the trail. trail. 2 Removal of Site Furnishings scope completely x ($261,678.00) 3 included CO #12. Omit L Shaped Lounge Custom Furniture Piece 4 included in CO #12. x ($60,671.00) City to provide and install the MMCITE Bike Racks. Adjustment to pricing included in CO #12. x ($13,364.00) 5 6 Allowance for OFCI Multi -duct Comm Lines x ($15,700.00) 7 Allowance to Omit Camera Poles x ($116,025.00) 8 Allowance to Omit Lane Counter x ($37,480.00) 9 Allowance to Reduce 400A Company Switch to 200A x ($12,500.00) Allowance for alternate Lighted Bollards x ($20,000.00) Excludes Bollards at fountain. Proposed alternate not 10 accepted for fountain bollards. 11 Allowance to reduce Power Pedestals (6 Total) x ($3,500.00) Allowance to reduce the lighting from Spring St. to x ($147,840.00) 12 Dickson. Allowance to remove the Irrigation Cistern from the Earthwork Scope. x ($15,000.00) 13 VE to utilize Nyoplast basins in lieu of concrete at Granite Cobble Gutter. $0.00 Pending further evaluation by the design team. 14 VE to utilize alternate steel grates at Granite Cobble Gutter. $0.00 Pending further evaluation by the design team. 15 Allowance to reduce the storm drainage piping depth 16 and simplify the backfill requirements x ($211,200.00) 17 lAllowance to downsize the 7 & 5 Gallon plants x ($4,108.00) Allowance to reduce 6" Trees to 4" and 4" Trees to x ($16,955.00) Combination of some trees and some shrub size 18 3„ reduction 19 Allowance to substitute Patriot Bermuda Sod for x ($11,900.00) 20 Allowance to omit Irrigation Pump x ($62,000.00) Allowance to downsize the Pennsylvania Sedge from x ($9,370.00) 21 1 gal to plugs 22 OH&P x ($133,837.00) 23 $0.00 24 Use of owner contingency x ($63,223.00) 25 $0.00 Add for Street Light Infrastructure Dickson to Watson x $102,901.00 OH&P was already applied to the change order 26 previously. 27 $0.00 28 $0.00 29 $0.00 30 $0.00 31 $0.00 32 $0.00 :I an HIM IT TOTAL REJECTEM 190,588.00 SUMMARY WORKING BUDGET: $7,220,537.00 TARGET BUDGET: $5,521,396.09 ANTICIPATED SAVINGS: $1,699,141.00 CONTINGENCY / ESCALATION: $0.00 REVISED WORKING BUDGET: $5,521,396.00 DIFFERENCE: $0.00 Page 1 of 1 Value Analysis and/or Constructability Suggestions are advisory only and not professional design services. Nabholz takes no responsibility for design. Page 277 of 402 AFFIDAVIT OF COMPLIANCE CONSTRUCTION MANAGER -AT -RISK PROJECT: Upper Ramble Public Spaces I, Kyle Stout, having been first duly sworn and authorized, provide this Affidavit for and on behalf of Nabholz Construction Company and state the following to the best of my knowledge and belief in reference to the project solicited and Contracted under RFQ 18-11 and applicable to Change Order # 13: 1. My name is Kyle Stout and I am the Protect Executive for Nabholz Construction Company. I am qualified and authorized to execute this affidavit. 2. Nabholz Construction Company, pursuant to its contract with the City of Fayetteville, hereby certifies that it has reviewed the provisions set forth in Ark. Code Ann. § 14-58-1001, and verifies that it has complied with applicable provisions of that statute and all other applicable rules and regulations, whether recited in §14-58-1001 or elsewhere in Arkansas law, for the above -identified project. 3. The City of Fayetteville shall be held harmless and indemnified for any disputes that arise regarding the procurement and bidding processes performed by Nabholz Construction Company. FURTHER AFFIANT SAYETH NOT. Signed this25 day of July 2023 Kyle Stout PRINTED NAME Protect Executive TITLE STATE OF Arkansas ) COUNTY OF Benton ) ATURE Subscribed and sworn to before me, a Notary Public, this 25 day of July , 2023. LEAH B MACKEY NOTARY PUBLIC BENTON COS ARKANSAS COMM. ..`03/17/32 COMMISSION NO. 12718311 o ry Public My Commission Expires: Page 278 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-942 FROM: Paul Becker, Chief Financial Officer DATE: July 18, 2023 SUBJECT: Request by the Local Firemen's Pension and Relief Fund Board of Trustees for the City Council to approve the Consolidation of the Local Plan with LOPFI. RECOMMENDATION: The Administration recommends the City Council approve to consolidate the Local Firemen's Pension and Relief Fund with LOPFI. BACKGROUND: For over 15 years the Pension Review Board has reported the Local Fire Pension Fund to be actuarially unsound based on annual reports conducted by the firm of Osborn, Carreiro & Associates. Until recently, interest earnings and revenue sources, including a dedicated property tax approved by the citizens of Fayetteville, provided sufficient resources to pay pensioners the total amount of current pension benefits. However, available assets have been decreasing as benefit payments have exceeded investment earnings. In 2021 the assets available in the Local Fire Pension Fund fell below $2,000,000, placing additional legal restrictions on investments. It is clear that in the near future, current pension benefits cannot be maintained due to reduced assets and restrictions on investment options. The Mayor reports the status of the Local Pension Funds to the City Council annually as required by law. The Mayor indicated during this year's report that he would continue to monitor the conditions of the funds. At the April 27, 2023 meeting of the Local Fire Pension Board, the feasibility of consolidation was reviewed, and the Trustees voted to pay for an actuarial study to be performed by the LOPFI actuaries (which is a required first step in the process) and to consider consolidation based on that study. That study was completed and discussed at a subsequent meeting of the Local Fire Pension Board which took place on July 15, 2023. At that meeting, the Board unanimously voted to request the City Council approve a consolidation with LOPFI. The actuarial report that was conducted indicated that if the consolidation is approved, the current revenues remitted to the City could pay the full costs of the plan in 2024. This is because the actuarial report is based on a 15-year amortization period and the LOPFI investment earning that the Local Fund would earn is projected at 7.25%. DISCUSSION: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 279 of 402 If the plan is sent to LOPFI for administration, full irrevocable control of the plan would be assumed by LOPFI This is a risk since LOPFI may not earn the projected investment earnings which would result in the City having to pay amounts over the current revenue stream being earned by the Local Fire Pension Fund. However, consolidation would guarantee pension benefits to the pension members and administration tasks would be transferred to LOPFI. Based on the actuarial report, the administration is recommending this consolidation be approved. At this time, current pension amounts are being requested without an automatic COLA (there is no COLA at this time for Fayetteville Local Plans). This is to ensure that current revenues are sufficient to pay current benefits. In the future, if the costs of the plan are sufficiently covered, a COLA can be considered based on plan performance. BUDGET/STAFF IMPACT: Based on the actuarial study no additional costs would be incurred in 2024. ATTACHMENTS: 2023-942 SRF, Administrative Services Agreement for consolidation from LOPFI, Board of Trustees Resolution for consolidation, Actuarial Report for Firemen's Pension and Relief Fund, Mayor's report of Local Pension Report 2022 given Jan 2023 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 280 of 402 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2023-942 Request by the Local Firemen's Pension and Relief Fund Board of Trustees for the City Council to approve the Consolidation of the Local Plan with LOPFI. AN ORDINANCE TRANSFERRING ADMINISTRATION OF RETIREMENT COVERAGE FOR ELIGIBLE MEMBERS OF THE FAYETTEVILLE FIRE RELIEF AND PENSION FUND TO THE ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM (LOPFI) AND AUTHORIZING THE MAYOR TO ENTER INTO AN IRREVOCABLE AGREEMENT WITH LOPFI WHEREAS, the Board of Trustees of the Fayetteville Fire Relief and Pension Fund (Local Plan) has elected to have its Local Plan administered by LOPFI as stated by Resolution approved and signed on July 10, 2023 (even though mistakenly dated August 10, 2023); and WHEREAS, the Board of Trustees has requested through that Resolution that the City of Fayetteville, Arkansas act as its agent henceforth and agree by this ordinance to assign the Fayetteville Fire Relief and Pension Fund to be administered by the Arkansas Local Police and Fire Retirement System. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. If accepted by Arkansas Local Police and Fire Retirement System (LOPFI), the City Council of the City of Fayetteville hereby determines that administration of the Fayetteville Fire Relief and Pension Fund (Local Plan) shall be transferred to LOPFI under authority of Arkansas Code Annotated 24-10-101, et. seq., as amended. Such transfer shall mean the administration of the Local Plan only and not a change in the Local Plan's benefit program unless a benefit increase is formally approved by the City Council of the City of Fayetteville, Arkansas, by ordinance. SECTION 2. The City Council of the City of Fayetteville hereby authorizes Mayor Jordan to enter into an irrevocable Administrative Services Agreement which uses a fifteen (15) year amortization schedule and empowers LOPFI to administer the Local Plan as stated in Section 1 hereof. SECTION 3. The City Council of the City of Fayetteville hereby determines that the provisions of this Ordinance prior to this section shall be codified into the Fayetteville Code of Ordinances as § 33.051 Local Fire and Relief Plan Consolidated with LOFI as part of Article V Fire Department. Page 1 Page 281 of 402 Paul Becker Submitted By City of Fayetteville Staff Review Form 2023-942 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/20/2023 CHIEF FINANCIAL OFFICER (110) Submitted Date Division / Department Action Recommendation: The Administration recommends the City Council approve to consolidate the Local Firemen's Pension and Relief Fund with LOPFI. Budget Impact: Account Number Fund Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: Page 282 of 402 LO P F I !o�'�i ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement (Agreement) is entered into by and between the ARKANSAS LOCAL POLICE AND FIRE RETIREMENT SYSTEM (LOPFI) and the CITY OF FAYETTEVILLE for the benefit of its FIRE Relief and Pension Fund (Local Plan). PARTIES The City of FAYETTEVILLE, a political subdivision, currently has and administers a Local Plan. LOPFI is an agency created by statute (Arkansas Code Annotated 24-10-101, et. seq., as amended) for the purpose of providing a statewide retirement system with pooled administration. The Mayor and City Council of FAYETTEVILLE desire to enter into an irrevocable Agreement with LOPFI to administer its Local Plan and in consideration of the mutual obligations hereinafter enumerated the parties agree to all of the following: 1. This Agreement is made pursuant to the authority of A.C.A. 24-10-101, et. seq., as amended. 2. This Agreement shall be effective and permanent upon the executed date entered r- on page two of this Agreement. U. O a 3. This Agreement is for the administration of the Local Plan and its benefit 0 structure shall not change unless a benefit increase is formally approved by the City of FAYETTEVILLE by Ordinance. 4. The actuaries for LOPFI have computed the initial employer contribution rate(s) to be paid by the City of FAYETTEVILLE to support the benefits paid by the Local Plan. The City of FAYETTEVILLE agrees to always remit payment at the level established by the actuaries for LOPFI and in the monthly timeframe set by LOPFI. 5. Benefits and any member refunds shall be paid effective the first business day of each month and in accordance with LOPFI procedures and guidelines. 6. LOPFI covenants and agrees to provide the following services: a. investment of Local Plan assets and the award of annual interest to the employer reserve account at the end of each fiscal year consistent with the interest awarded to other LOPFI employer accounts; b. process retirement applications including determination of eligibility, calculation of service credit and benefit payment amounts, payment of benefits to eligible benefit recipients, and satisfaction of state and federal tax withholding requirements, all in accordance with LOPFI procedures and guidelines; and iy IVO LOPFI Page 283 of �oQ�� LOPFI !DA'c/ City of FAYETTEVILLE Page 2 of 2 7. The City of FAYETTEVILLE covenants and agrees as follows: a. upon execution of this Agreement all Local Plan assets and records shall be promptly transferred to LOPFI. In the sole discretion of LOPFI certain investments may be allowed to mature to avoid penalties; b. all employer and applicable employee contributions shall be remitted to LOPFI in time to be recorded by the tenth (loth) day of each month for each reporting period. Remittance shall be made in the manner and amounts prescribed by LOPFI, which shall include the use of LOPFI's electronic reporting and LOPFI's e-Payment; c. the City of FAYETTEVILLE shall execute all documents required by LOPFI to aid in the administrative process; d. all members and beneficiaries of the Local Plan have been deemed eligible pursuant to the standards prevailing at the time of the determination of eligibility. The parties agree that LOPFI is bound by any determination of eligibility or ineligibility made by the board of trustees of the Local Plan as long as such determination(s) conform to state law. The Local Plan and the City of FAYETTEVILLE indemnify and hold LOPFI harmless for any eligibility decisions made by the Local Plan. e. the City of FAYETTEVILLE has disclosed to LOPFI all pending claims, actions, suits, and threatened liabilities to the Local Plan. FAYETTEVILLE Fire Relief and Pension Fund board of trustees' Resolution dated , 2023, and Ordinance No. . dated 2023, of the City of FAYETTEVILLE, are incorporated by reference herein as though set forth word for word. This irrevocable Agreement is executed this day of , 2023. ATTEST: ATTEST: CITY OF FAYETTEVILLE, ARKANSAS :• City Clerk Treasurer Kara Paxton LOPFI BOARD OF TRUSTEES II" Mayor Lioneld Jordan LOPFI Board Chairman a O J /y IVO LOPFI O� Page 284 ole Resolution to Assign Local Plan Administration to LOPFI Whereas, the Board of Trustees (the Board) of the FAYETTEVILLE FIRE Relief and Pension Fund (Local Plan), desires to assign administration of the Local Plan to the Arkansas Local Police and Fire Retirement System (LOPFI) pursuant to Arkansas Code Annotated 24-10-101, et. seq., as amended; and Whereas, such action shall not change the benefit structure unless a benefit increase is formally approved by the governing body of FAYETTEVILLE, Arkansas, by Ordinance; and Whereas, the Board received and reviewed the latest actuarial report from LOPFI, which states the initial required employer contribution rate(s); and Whereas, the Board finds it is in the best interest of the Local Plan and its participants to have LOPFI administer the Local Plan; therefore, BE IT RESOLVED, the Board hereby elects to assign administration of the Local Plan to LOPFI. BE IT FURTHER RESOLVED the Board requests the CITY OF FAYETTEVILLE, a political subdivision of the State of Arkansas, to act as its agent henceforth. BE IT FURTHER RESOLVED the Board understands any agreement to administer the Local Plan by LOPFI shall be entered into by and with the governing body of FAYETTEVILLE, Arkansas, as the Board's agent, and that such agreement shall dissolve said Board. CERTIFICATION � tip We certify this Resolut' curately states the action of said Board. Approved this day of LiAiJA.L 1 .2023/ 1 Sec/Treasurer Member Member 'Ale Member Member Member Page 285 of 402 GRS May 10, 2023 Mr. David B. Clark, Executive Director Arkansas Local Police and Fire Retirement System 620 West 3rd, Suite 200 Little Rock, Arkansas 72201-2212 Re: Actuarial Analysis of Proposed Contribution Rates for the Fayetteville Firemen's Pension and Relief Fund Dear Mr. Clark: 800.521.0498 1 P:248.799.9000 1 www,grsconsulting.com As requested, enclosed are the results of actuarial valuations which determine the employer contribution rates which would result from having the Fayetteville Fire Pension and Relief Fund administered by the Arkansas Local Police and Fire Retirement System (LOPFI). Please call if you have any questions or comments. Respectfully submitted, Gabriel, Roeder, Smith & Company "� t:� 6WA" , Heidi G. Barry, ASA, FCA, MAAA Casey T. Ahlbrandt-Rains, ASA, MAAA H G B/CTA:sc Enclosure Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 Requested By: Mr. David B. Clark, Executive Director Arkansas Local Police and Fire Retirement System Date: May 10, 2023 Submitted By: Heidi G. Barry, ASA, FCA, MAAA and Casey T. Ahlbrandt-Rains, ASA, MAAA Gabriel, Roeder, Smith & Company Submitted in this report are the results of actuarial valuations which determine the employer contribution rates which would result from having the Fayetteville Firemen's "closed plan" (the Local Pension and Relief Fund) administered by the Arkansas Local Police and Fire Retirement System (LOPFI). The date of the study was as of December 31, 2022. This supplemental valuation does not predict the result of the December 31, 2023 valuation or of any other future actuarial valuations. (Future activities can affect future valuation results in an unpredictable manner.) Rather, the supplemental valuation gives an indication of the probable effect of the proposed changes on future valuations without comment on the complete end result of the future valuations. In accordance with LOPFI Board policy, the employer contribution rates established by this valuation report are valid for purposes of joining the System until October 31, 2023. This report is intended to describe the financial effect of the proposed plan changes. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition to them. GRS is not responsible for unauthorized use of this report. Heidi G. Barry and Casey T. Ahlbrandt-Rains are Members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries required to render the actuarial opinions contained herein. The signing actuaries are independent of the plan sponsor. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based upon present and proposed plan provisions that are outlined in the report. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the authors of this report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which, in our professional judgment, has the capability to provide results that are consistent with the purposes of the valuation, and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. 4G R S 5/10/2023 1 Page 287 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 If you have reason to believe that the information provided in this report is inaccurate, or is in any way incomplete, or if you need further information in order to make an informed decision on the subject matter of this report, please contact the authors of the report prior to making such decision. In the event that more than one plan change is being considered, it is very important to remember that the results of separate actuarial valuations cannot generally be added together to produce a correct estimate of the combined effect of all of the changes. The total can be considerably greater than the sum of the parts due to the interaction of various plan provisions with each other, and with the assumptions that must be used. 4Gw 5/10/2023 Page 288 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 The actuarial methods and assumptions were the same as those in use for the regular valuation as of December 31, 2022. In particular, the economic assumptions used in the supplemental actuarial valuation were net investment return of 7.25% per year, wage inflation of 3.00% per year, and price inflation of 2.25% per year. Member information is summarized in the following table: December 31, 2022 Valuation Data Paid Volunteer Members: Retired Lives: Number 38 2 Total Monthly Benefits $100,966 $219 Active Members: Number 0 0 Average Age N/A N/A Average Service N/A N/A Major Local Fund Benefit Provisions: Voluntary Retirement— Eligibility at 20 years of service regardless of age. Paid base benefit: 90% of Final Salary per year (minimum $4,200 per month); 10-Year DROP Volunteer base benefit: $1,200 per year. Member Contributions— Member contribution rate 6% of pay for paid members and $12 per year for volunteer members. Member contributions are refundable without interest if termination of employment occurs before monthly benefits are payable. Automatic Post -Retirement Benefit Increases — None. Death Benefit— None. 4G R S 5/10/2023 3 Page 289 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 Paid Results Asset Information: Asset information for the Fayetteville Firemen's Pension and Relief Fund was derived from the Fund's annual financial report provided to us. The date of the report was December 31, 2022. The reported market value of assets $1,702,542 for the Local Fund, as of December 31, 2022, was used in computing the employer contribution rates. For the purposes of our calculation, we assumed the $1,702,542 Local Fund balance was $1,700,153 for paid members and $2,389 for volunteer members. The computed employer contribution rates are sensitive to changes in overall asset value. The actual amount transferred to LOPA will depend on the market value of Local Fund assets when they are actually liquidated and may differ substantially from the value as of December 31, 2022. This will likely impact the actual rate computed in the next valuation of the combined plans. Results: No COLA 3% COLA Actuarial Accrued Liabilities (AAL) Active Members $ - $ - Benefit Recipients 11,458,453 14,700,533 Total AAL $ 11,458,453 $ 14,700,533 Assets Available to Fund AAL $ 1,700,153 $ 1,700,153 Member DROP Balance - - Total Assets $ 1,700,153 $ 1,700,153 Unfunded AAL $ 9,758,300 $ 13,000,380 G R S 5/10/2023 4 Page 290 of 402 Arkansas local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 Paid Results If the Local Fund becomes administered by LOPFI, the monthly employer contribution for calendar years 2023 and 2024 would be as follows: Computed Employer Contribution (15-Year Amortization) COLA 2023 2024 0.00% $69, 243 $71, 320 3.00 % $93, 354 $96,155 These monthly contributions are in addition to the contribution determined for LOPFI members only. These are the estimated contributions needed to pay off the unfunded accrued liability associated with Closed Plan benefits and would be deposited in the Local Fund Employer Accumulation Account. The contributions are assumed to increase with 3.00% wage inflation annually. The Plan received $788,720 from Local Millage Tax, $217,164 from State Insurance Premium Tax, and $108,582 in additional state allocations. The total from these revenue sources was split for this valuation such that $1,112,902 was allocated to paid members and $1,564 was allocated to volunteer members. It is expected that similar future inflows will partially or fully offset employer contributions. Readers of this report may have an expectation that the contribution shown above will be paid for 15 years and the employer will be relieved of all liability at that time. That is not the case; as long as benefits are payable, there is a possibility that employer contributions will be needed. 4G R S 5/10/2023 5 Page 291 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 No COLA, 15-Year Amortization of UAL Projected Cash Flow - Paid Members Year Ended December 31 Benefits Contributions' Investment Earnings Assets (MV)Z 2022 $ 1,700,153 2023 $ 1,204,248 $ 948,410 $ 114,149 1,558,464 2024 1,188,043 855,843 101,157 1,327,421 2025 1,169,709 881,518 85,974 1,125,204 2026 1,149,113 907,964 72,989 957,044 2027 1,126,149 935,203 62,585 828,682 2028 1,100,734 963,259 55,183 746,391 2029 1,072,822 992,157 51,240 716,965 2030 1,042,412 1,021,921 51,250 747,725 2031 1,009,559 1,052,579 55,742 846,487 2032 974,379 1,084,156 65,280 1,021,544 2033 937,051 1,116,681 80,460 1,281,634 2034 897,797 1,150,181 101,907 1,635,926 2035 856,874 1,184,687 130,280 2,094,019 2036 814,555 1,220,227 166,265 2,665,956 2037 771,101 1,256,834 210,582 3,362,271 2038 726,768 1,294,539 263,986 4,194,028 2039 681,803 - 279,784 3,792,009 2040 636,442 252,253 3,407,820 2041 590,940 226,020 3,042,901 2042 545,562 201,180 2,698,518 2043 500,590 177,814 2,375,742 2044 456,318 155,989 2,075,413 2045 413,045 135,757 1,798,125 2046 371,065 117,148 1,544,208 2047 330,657 100,178 1,313,730 2048 292,066 84,843 1,106,507 2049 255,521 71,121 922,107 2050 221,245 58,973 759,835 2051 189,451 48,341 618,725 2052 160,324 39,147 497,548 2053 134,007 31,299 394,840 2054 110,565 24,688 308,964 2055 89,983 19,195 238,176 2056 72,177 14,697 180,696 2057 57,005 11,070 134,761 2058 44,278 8,193 98,676 2059 33,777 5,951 70,850 2060 25,268 4,237 49,819 2061 18,508 2,953 34,263 2062 13,251 2,012 23,025 C;S 5/10/2023 6 Page 292 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 No COLA, 15-Year Amortization of UAL Projected Cash Flow — Paid Members (Concluded) Projected Year Ended Investment December3l Benefits Contributions' Earnings Assets(MV)Z 2063 $ 9,263 $ $ 1,339 $ 15,101 2064 6,313 870 9,658 2065 4,191 - 551 6,018 2066 2,707 340 3,651 2067 1,700 204 2,155 2068 1,036 - 119 1,238 2069 614 68 692 2070 352 38 378 2071 197 - 20 201 2072 107 - 11 105 2073 56 6 54 2074 30 - 3 27 2075 15 - 1 14 2076 8 1 7 2077 4 - - 3 2078 2 1 2079 1 2080 - - - 1 Local Plan contributions only; $69,243 monthly in 2023 in addition to the LOPFI rate (assumed to increase yearly by 3.00% wage inflation thereafter). The first -year contribution assumes that the City will be under LOPFI administration for the last seven (7) months of 2023. The last year contribution, based on a 15-year amortization schedule, would be applied to calendar year 2038. 2 Reported market value of assets. Assets are projected at the assumed rate of return of 7.25% per year. Note: The actual future contributions for this group are affected by investment return, number of active members and life expectancy. This projection does not show the effect on future employer contributions of differences between actual and assumed future experience. These differences can have a significant effect on these results. 4 V 5/10/2023 7 Page 293 of 402 Arkansas local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 3% COLA, 15-Year Amortization of UAL Projected Cash Flow - Paid Members Projected Year Ended Investment December 31 Benefits Contributions' Earnings Assets (MV)2 2022 $ 1,700,153 2023 $ 1,222,311 $ 1,117,191 $ 119,517 1,714,550 2024 1,242,040 1,153,861 121,164 1,747,535 2025 1,259,558 1,188,477 124,165 1,800, 619 2026 1,274,502 1,224,132 128,751 1,879,000 2027 1,286,503 1,260,855 135,314 1,988,666 2028 1,295,193 1,298,681 144,303 2,136,457 2029 1,300,221 1,337,642 156,226 2,330,103 2030 1,301,266 1,377,771 171,657 2,578,265 2031 1,298,062 1,419,104 191,235 2,890,542 2032 1,290,414 1,461,677 215,664 3,277,469 2033 1,278,207 1,505,527 245,713 3,750,502 2034 1,261,402 1,550,693 282,215 4,322,008 2035 1,240,024 1,597,214 326,067 5,005,265 2036 1,214,143 1,645,130 378,232 5,814,485 2037 1,183,855 1,694,484 439,737 6,764,850 2038 1,149,266 1,745,319 511,681 7,872,584 2039 1,110,505 - 531,211 7,293,290 2040 1,067,722 490,736 6,716,303 2041 1,021,126 450,564 6,145,741 2042 970,996 410,983 5,585,729 2043 917,684 372,281 5,040,326 2044 861,619 334,736 4,513,443 2045 803,309 298,614 4,008,749 2046 743,315 264,161 3,529,594 2047 682,239 231,597 3,078,952 2048 620,693 201,118 2,659,377 2049 559,319 172,884 2,272,942 2050 498,820 147,022 1,921,145 2051 439,951 123,614 1,604,807 2052 383,482 102,691 1,324,016 2053 330,150 84,233 1,078,098 2054 280,568 68,169 865,700 2055 235,190 54,387 684,897 2056 194,310 42,735 533,321 2057 158,068 33,036 408,289 2058 126,458 25,097 306,928 2059 99,363 18,713 226,279 2060 76,564 13,678 163,393 2061 57,760 9,789 115,422 2062 42,598 6,851 79,675 4 V 5/10/2023 8 Page 294 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 3% COLA, IS -Year Amortization of UAL Projected Cash Flow — Paid Members (Concluded) Year Ended December3, Benefits Contributions' Investment Earnings Assets(MV)Z 2063 $ 30,669 $ - $ 4,684 $ 53,690 2064 21,531 - 3,126 35,285 2065 14,721 - 2,034 22,598 2066 9,794 - 1,290 14,093 2067 6,334 - 796 8,555 2068 3,979 - 479 5,055 2069 2,426 - 280 2,909 2070 1,436 - 160 1,633 2071 825 - 89 897 2072 462 - 49 483 2073 252 - 26 257 2074 136 - 14 135 2075 73 - 7 69 2076 38 - 4 35 2077 20 - 2 17 2078 10 - 1 7 2079 5 - 3 2080 2 - 1 2081 1 - 2082 1 Local Plan contributions only; $93,354 monthly in 2023 in addition to the LOPFI rate (assumed to increase yearly by 3.00% wage inflation thereafter). The first -year contribution assumes that the City will be under LOPFI administration for the last seven (7) months of 2023. The last year contribution, based on a 15-year amortization schedule, would be applied to calendar year 2038. 2 Reported market value of assets. Assets are projected at the assumed rate of return of 7.25% per year. Note: The actual future contributions for this group are affected by investment return, number of active members and life expectancy. This projection does not show the effect on future employer contributions of differences between actual and assumed future experience. These differences can have a significant effect on these results. 4 V 5/10/2023 9 Page 295 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 Volunteer Results Asset Information: Asset information for the Fayetteville Firemen's Pension and Relief Fund was derived from the Fund's annual financial report provided to us. The date of the report was December 31, 2022. The reported market value of assets $1,702,542 for the Local Fund, as of December 31, 2022, was used in computing the employer contribution rates. For the purposes of our calculation, we assumed the $1,702,542 Local Fund balance was $1,700,153 for paid members and $2,389 for volunteer members. The computed employer contribution rates are sensitive to changes in overall asset value. The actual amount transferred to LOPFI will depend on the market value of Local Fund assets when they are actually liquidated and may differ substantially from the value as of December 31, 2022. This will likely impact the actual rate computed in the next valuation of the combined plans. Results: No COLA 3% COLA Actuarial Accrued Liabilities (AAL) Active Members $ - $ - Benefit Recipients 16,101 18,651 Total AAL $ 16,101 $ 18,651 Assets Available to Fund AAL $ 2,389 $ 2,389 Member DROP Balance - - Total Assets $ 2,389 $ 2,389 Unfunded AAL $ 13,712 $ 16,262 4;v 5/10/2023 10 Page 296 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 Volunteer Results If the Local Fund becomes administered by LOPFI, the monthly employer contribution for calendar years 2023 and 2024 would be as follows: Computed Employer Contribution (15-Year Amortization) COLA 2023 2024 0.00% $102 $105 3.00% $122 $125 These monthly contributions are in addition to the contribution determined for LOPFI members only. These are the estimated contributions needed to pay off the unfunded accrued liability associated with Closed Plan benefits and would be deposited in the Local Fund Employer Accumulation Account. The contributions are assumed to increase with 2.25% price inflation annually. The Plan received $788,720 from Local Millage Tax, $217,164 from State Insurance Premium Tax, and $108,582 in additional state allocations. The total from these revenue sources was split for this valuation such that $1,112,902 was allocated to paid members and $1,564 was allocated to volunteer members. It is expected that similar future inflows will partially or fully offset employer contributions. Readers of this report may have an expectation that the contribution shown above will be paid for 15 years and the employer will be relieved of all liability at that time. That is not the case; as long as benefits are payable, there is a possibility that employer contributions will be needed. 4Gv 5/10/2023 11 Page 297 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 No COLA, 15-Year Amortization of UAL Projected Cash Flow — Volunteer Members Projected Year Ended Investment December 31 Benefits Contributions' Earnings Assets (MV)Z 2022 $ 2,389 2023 $ 2,574 $ 1,368 $ 130 1,313 2024 2,465 1,255 52 155 2025 2,339 1,283 (26) (927) 2026 2,197 1,312 (99) (1,911) 2027 2,038 1,341 (163) (2,771) 2028 1,866 1,372 (219) (3,484) 2029 1,684 1,402 (263) (4,029) 2030 1,496 1,434 (294) (4,385) 2031 1,307 1,466 (312) (4,538) 2032 1,122 1,499 (316) (4,476) 2033 947 1,533 (304) (4,194) 2034 784 1,567 (276) (3,686) 2035 637 1,603 (233) (2,954) 2036 506 1,639 (174) (1,995) 2037 393 1,676 (99) (811) 2038 298 1,713 (8) 596 2039 221 - 35 410 2040 159 24 276 2041 112 16 180 2042 76 10 114 2043 50 6 70 2044 33 4 41 2045 20 2 24 2046 12 1 13 2047 7 1 7 2048 4 3 2049 2 1 2050 1 2051 1 The Local Plan contributions only; $102 monthly in 2023 in addition to the LOPFI rate (assumed to increase yearly by 2.25% price inflation thereafter). The first -year contribution assumes that the City will be under LOPFI administration for the last seven (7) months of 2023. The last year contribution, based on a 15-year amortization schedule, would be applied to calendar year 2038. 2 Reported market value of assets. Assets are projected at the assumed rate of return of 7.25% per year. Assets are projected to be below $0 during the projection period. Local Plan assets are assumed to be pooled with LOPFI assets. LOPFI would load the shortage until the financing period is completed and LOPFI has been paid back. Note: The actual future contributions for this group are affected by investment return, number of active members and life expectancy. This projection does not show the effect on future employer contributions of differences between actual and assumed future experience. These differences can have a significant effect on these results. 4Gw 5/10/2023 12 Page 298 of 402 Arkansas Local Police and Fire Retirement System Fayetteville Firemen's Pension and Relief Fund Actuarial Valuation of Proposals Under Consideration as of December 31, 2022 3% COLA, 15-Year Amortization of UAL Projected Cash Flow - Volunteer Members Year Ended December 31 Benefits Contributions' Investment Earnings Assets (MV)Z 2022 $ 2,389 2023 $ 2,613 $ 1,507 $ 134 1,417 2024 2,578 1,499 64 403 2025 2,519 1,533 (6) (589) 2026 2,437 1,568 (74) (1,532) 2027 2,329 1,603 (137) (2,395) 2028 2,195 1,639 (193) (3,145) 2029 2,040 1,676 (241) (3,750) 2030 1,867 1,713 (277) (4,181) 2031 1,681 1,752 (301) (4,410) 2032 1,487 1,791 (309) (4,415) 2033 1,292 1,832 (301) (4,176) 2034 1,102 1,873 (275) (3,680) 2035 921 1,915 (231) (2,917) 2036 754 1,958 (169) (1,882) 2037 604 2,002 (87) (570) 2038 472 2,047 15 1,020 2039 360 - 61 721 2040 267 43 497 2041 193 29 333 2042 135 19 218 2043 92 13 138 2044 61 8 85 2045 39 5 51 2046 24 3 30 2047 14 2 17 2048 9 1 9 2049 5 5 2050 3 2 2051 1 1 2052 1 2053 1 The Local Plan contributions only; $122 monthly in 2023 in addition to the LOPFI rate (assumed to increase yearly by 2.25% price inflation thereafter). The first -year contribution assumes that the City will be under LOPFI administration for the last seven (7) months of 2023. The last year contribution, based on a 15-year amortization schedule, would be applied to calendar year 2038. 2 Reported market value of assets. Assets are projected at the assumed rate of return of 7.25% per year. Assets are projected to be below $0 during the projection period. Local Plan assets are assumed to be pooled with LOPFI assets. LOPFI would load the shortage until the financing period is completed and LOPFI has been paid back. Note: The actual future contributions for this group are affected by investment return, number of active members and life expectancy. This projection does not show the effect on future employer contributions of differences between actual and assumed future experience. These differences can have a significant effect on these results. 4 GW 5/10/2023 13 Page 299 of 402 LOCAL PENSION FUND REPORT 2022 In keeping with statutory requirements, I am presenting this report for 2022 on the local Police and Fire Retirement and Relief Funds for the City of Fayetteville. Both of these plans were closed, by law, in 1983 and there are no longer any active working members remaining. There are currently 3 8 Police and 39 fire retirees and beneficiaries in the system. At December 2022 projected expenses from the fire pension fund were approximately $1.3 million as compared to fund revenues of $1.1 million. Projected police pension fund expenses were approximately $1.5 million as compared to fund revenues in excess of $1.1 million. This is before adjusting investments to current market value. Actuarial evaluations are the responsibility of the State of Arkansas Fire and Police Pension Review Board. The last evaluations completed were as of May 2022 for the year ending December 31, 2021. Based on those evaluations the total pension liability of the Police and Fire Funds were $15.3 million and $13.8 million respectively. The net pension liabilities for these funds were approximately $8.7 million for police and $11.9 million for fire. In the annual reports Page 300 of 402 issued by the Arkansas Pension Review Board neither the fire nor police pension fund were found to be actuarially sound pursuant to established financial tests. The Fire Pension Fund has been classified as "projected insolvent "since 2009. The Fire Pension Board has been discussing the unstable condition of the fund and possible alternatives since that time. No specific request was made by the Fire Pension Board to the City Council in 2020. The Police Pension Fund is also considered actuarially unsound but not in immediate danger of becoming insolvent. The Police Pension Board is also aware of the Police Pension Fund status and has been considering options that would guarantee long term solvency. I will continue to monitor these pension funds in the future and keep you apprised of any new developments if necessary. Page 301 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 TO: Mayor Jordan and City Council THRU: CITY COUNCIL MEMO 2023-950 FROM: Blake Pennington, Assistant City Attorney DATE: July 24, 2023 SUBJECT: Ordinance to Amend UDC Chapter 157 - Public Notification of Administratively Approved Developments RECOMMENDATION: Councilmember Turk is sponsoring an ordinance to amend Chapter 157 to provide a uniform final approval date for administratively approved development applications. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Amend Ch. 157 - Public Notification of Administrative Approval of Developments - Approved for Agenda Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 302 of 402 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2023-950 Ordinance to Amend UDC Chapter 157 - Public Notification of Administratively Approved Developments AN ORDINANCE TO AMEND § 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS WHEREAS, § 157.11 of the Unified Development Code provides a method of determining the official approval date of Large Site Improvement Plans but not any other development application types; and WHEREAS, for purposes of consistency and to ensure both the applicant and the public are clearly informed the Unified Development Code should be amended to include a uniform final approval date for administratively approved development applications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 157.11(E) regarding public notification of approval of Large Site Improvement Plans. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 157.12 as follows: "157.12 Public Notification of Administratively Approved Development Applications The Planning Division's administrative approval of an application under any of the development categories listed in § 166.01(B) and (C) shall be placed as an informational item on the final agenda of the Planning Commission, and the date of the Planning Commission meeting shall constitute the official date of approval by the Zoning and Development Administrator regarding the development application. The date of the Planning Commission meeting shall also constitute the date of the final action taken for purposes of appeals." Page 1 Page 303 of 402 Civic Clerk Item No.: 2023-950 AGENDA REQUEST FORM FOR: Council Meeting of August 15, 2023 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS APPROVED FOR AGENDA: Approved by email July 24, 2023 City Council Member Teresa Turk S" P 41 Senior Assistant eity Attorney Blake Pennington Approved as to form July 24, 2023 Page 304 of 402 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS TO CLARIFY THE OFFICIAL APPROVAL DATE FOR ADMINISTRATIVELY APPROVED DEVELOPMENT APPLICATIONS WHEREAS, § 157.11 of the Unified Development Code provides a method of determining the official approval date of Large Site Improvement Plans but not any other development application types; and WHEREAS, for purposes of consistency and to ensure both the applicant and the public are clearly informed the Unified Development Code should be amended to include a uniform final approval date for administratively approved development applications. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 157.11(E) regarding public notification of approval of Large Site Improvement Plans. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 157.12 as follows: "157.12 Public Notification of Administratively Approved Development Applications The Planning Division's administrative approval of an application under any of the development categories listed in § 166.01(B) and (C) shall be placed as an informational item on the final agenda of the Planning Commission, and the date of the Planning Commission meeting shall constitute the official date of approval by the Zoning and Development Administrator regarding the development application. The date of the Planning Commission meeting shall also constitute the date of the final action taken for purposes of appeals." Page 305 of 402 lul OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams Gty .4ttoI-)IeV TO: Mayor Jordan Blake Pennington City Council Assistant Cit), Attorney Jodi Batker CC: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Blake Pennington, Senior Assistant City Att DATE: July 24, 2023 RE: Amendment to Chapter 157 Councilmember Turk is sponsoring an ordinance amending Chapter 157 of the Unified Development Code to codify a uniform "final action" date for administratively approved development applications. These include lot splits, large site improvement plans, and small site improvement plans. Section 157.11 provides this for large site improvement plans, but not the other two development application types. Property owners and residents near these projects receive notice that an application has been submitted but, because there is no required public hearing, they may find out much later that a project has been administratively approved. Planning Division staff have always included a list of administratively approved projects at the end of Planning Commission agendas as a form of public notification so there should be no staff or budget impact. Using the Planning Commission meeting as the date of the "final action" will also help make the appeal process more transparent for both applicants and members of the public. This amendment does not include administratively approved property line adjustments, which have no impact on City infrastructure, or modifications to previously approved projects. Page 306 of 402 Pennington, Blake From: Turk, Teresa Sent: Monday, July 24, 2023 8:57 AM To: Pennington, Blake Subject: Re: Amendment to Ch. 157 - Notification of Administratively Approved Items Perfect! This looks great and thank you for work on this issue. Teresa From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Monday, July 24, 2023 8:50 AM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: RE: Amendment to Ch. 157 - Notification of Administratively Approved Items Certainly. How does this sound? "The Planning Division's administrative approval of an application under any of the development categories listed in § 166.01(B) and (C) shall be placed as an informational item on the final agenda of the Planning Commission, and the date of the Planning Commission meeting shall constitute the official date of approval by the Zoning and Development Administrator regarding the development application. The date of the Planning Commission meeting shall also constitute the date of the final action taken for purposes of appeals." The language "the date of the final action taken" is straight from Section 155.02: "Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action taken." Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bDenninatonafavetteville-ar.aov Direct: 479.575.8312 www.favetteville-ar.gov FAYETTEVILLE ARKANSAS From: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Sent: Monday, July 24, 2023 8:44 AM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Re: Amendment to Ch. 157 - Notification of Administratively Approved Items Hi Blake, Thank you very much for drafting this clarification to our UDC. I am wondering if adding an additional sentence to further clarify that if an appeal is initiated, the start date of the appeal is the date the PC agenda is published? Or is there a reference to the 10 day start for an appeal that can be cited in this section? Page 307 of 402 I want to make this crystal clear to the public. Thanks for your thoughts and consideration, Teresa From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Friday, July 21, 2023 11:24 AM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: Amendment to Ch. 157 - Notification of Administratively Approved Items Teresa, Attached is a draft ordinance for your consideration which would codify the City's existing practice. Basically, it would require the administrative approval of lot splits, final plats, large site improvement plans, and small site improvement plans to be published in the Planning Commission agenda (as they have always been) and makes the date of the Planning Commission meeting the official approval date for purposes of appeals. The rest of the applications under 166.01(B) and (C), which include preliminary plats, concurrent plats, large scale developments, and concept plans, have to go to the subdivision committee or Planning Commission for final approval. Variances always have to go to the Planning Commission even if the underlying project can be approved administratively. I suggest excluding 166.01(A) Property line adjustments and 166.01(D) Modifications which have never been published in the planning commission agenda and have never been the subject of any controversy in the time I've been here. Property line adjustments will always retain the same number of lots and we are not able to ask for any dedication of right of way or other improvements since there is no impact to the City's infrastructure by moving the property line. Minor modifications are done primarily for things like moving doors or slight variations in building placement. Staff approves probably hundreds of these each year. Major modifications are more significant changes to projects and the approval of these is tied to the approval process of the underlying project. So if a large site improvement plan is approved by staff, then a major modification to an LSIP would also be approved by staff. If an LSIP is approved by staff but appealed to the Planning Commission and approved there, then the major modification would go to the Planning Commission. Very few of these are done administratively and there really aren't that many that end up at the Planning Commission either. I look forward to your feedback and am glad to answer any questions. Thanks, Blake Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington(aD-fayetteville-ar.gov Direct: 479.575.8312 www.favetteville-ar.gov WOM FAYETTEVILLE ARKANSAS Page 308 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 CITY COUNCIL MEMO 2023-952 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner DATE: July 27, 2023 SUBJECT: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in north Fayetteville between Hwy 112 and Deane Solomon Rd., and contains one 20.23-acre parcel originally part of the Park West RPZD, Residential Planned Zoning District. The Park West RPZD was a mixed -use development approved by City Council in 2006 with Ordinance 4820. The RPZD zoning expired in 2011 without development and the property is effectively without a zoning designation. The Park West development was originally planned on approximately 140 acres; however, much of the original RPZD has been rezoned since the original approval expired. This includes areas currently developed with Fellowship Bible Church to the north and Grand Retirement to the south. The subject proposal will rezone 20.2 acres of the remaining 59.6 acres of the remaining RPZD. A more detailed zoning history of the subject property and nearby land is included in the attached Planning Commission memo. Request: The request is to rezone the property from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family, Eighteen Units per Acre. Public Comment: Five members of the public have emailed staff expressing conditional support for the project. All stated that the proposed density could be beneficial provided impacts to sensitive natural areas and drainage are carefully considered. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The parcel is adjacent to residential properties of mixed densities to the west and south, with a commercial church property to the north and another parcel with the existing RPZD zoning to the east. During the staff -initiated rezoning in 2015, staff recommended CS, Community Services, which has no density cap. RMF-18 has a maximum Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 309 of 402 density cap of eighteen units per acre but would allow both single- and multi -family dwellings on this parcel to support adjacent commercial developments. Additionally, some commercial uses, such as limited business, professional offices, cultural and recreational facilities, and home occupations are allowed by conditional use permit in the RMF-18 zoning district. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The infill score is 5 at the highest level, indicating the area can support additional density if it, but to the extent limited by the proposed RMF-18 zoning district. The request meets Goal 1: Appropriate Infill; Goal 2: Discourage Suburban Sprawl; Goal 3: Growing a Livable Transportation Network; and Goal 6: Create Opportunities for Attainable Housing of City Plan 2040. Access to existing infrastructure near an interstate interchange, employment opportunities, and services makes the property suitable for a variety of housing types. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates five attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score, which ranges from 2-5: • Near Sewer Main (10" Sewer Main bisecting parcel) • Near Water Main (6" PVC, N. Gilbert St.) • Near Grocery Store (Sam's Club) • Near Paved Trail (Clabber Creek Trail) • Appropriate Future Land Use DISCUSSION: At the July 24, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Madden seconded. The was some discussion regarding adjacent streets and planned connections indicated on the Master Street Plan; staff clarified that these connections would be evaluated at the time of a development proposal. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 310 of 402 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Legislation Text File #: 2023-952 RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-017 LOCATED NEAR NORTH TRUCKERS DRIVE IN WARD 2 FOR APPROXIMATELY 20.23 ACRES FROM RPZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RMF-18, RESIDENTIAL MULTI -FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Page 311 of 402 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-952 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/28/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. Account Number Project Number Budgeted Item? No Budget Impact: 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 Fund Project Title $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 312 of 402 RZN-2023-0017 ■ ■ RSF-8 R-A Close Up View I G J z w z H z 0 0 Unclassified Residential Link ■ ■ Planned Residential Link ' Planning Area Fayetteville City Limits N. TRUCKERS DR L•ESLIEDR RZN-223-0017 EXHIBIT 'A' %:BERT-STL F3 T N WRMF-12 n 0 ag�Vp o Q z C GRP� J0 I i A JNORTH Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed Cs 0.0 0.0 RMF-18 0.0 20.2 RPZD 20.2 0.0 Total 20.2 ac Page 313 of 402 RZN-2023-0017 EXHIBIT `B' Legal Description A PART OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW1/4) SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SW 1/4 OF SAID SECTION 28 BEING A FOUND "MAG" NAIL IN ASPHALT ROADWAY; THENCE ALONG THE WEST LINE OF SAID NE 1/4 OF THE SW 1/4, S02°34'52"W A DISTANCE OF 1283.11 FEET TO THE POINT OF BEGINNING SAID POINT BEING A FOUND IRON PIN WITH CAP "PLS 1439"; THENCE LEAVING SAID WEST LINE, S87°19'58"E A DISTANCE OF 1315.10 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE S02032'22"W A DISTANCE OF 668.88 FEET TO A FOUND IRON PIN; THENCE N87026'22"W A DISTANCE OF 1315.59 FEET TO THE WEST LINE OF SAID E 1/2 OF THE SW 1/4 AND A FOUND IRON PIN WITH CAP "PLS 1439"; THENCE ALONG SAID WEST LINE, NO2"34'52"E A DISTANCE OF 671.33 FEET TO THE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINING 20.23 ACRES (881,425 SQUARE FEET), MORE OR LESS. Page 314 of 402 CITY OF FAYETTEVILLE V0.111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: July 24, 2023 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2023-0017 to City Council with a recommendation of approval. RECOMMENDED MOTION: "l move to forward RZN-2023-0017 to City Council with a recommendation of approval. " BACKGROUND: The subject property is located in north Fayetteville between Hwy 112 and Deane Solomon Rd., and contains one 20.23-acre parcel originally part of the Park West RPZD, Residential Planned Zoning District. The Park West PZD was a mixed -use development approved by City Council in 2006 by ordinance number 4820. The RPZD zoning expired in 2011 without development and the property is effectively without a zoning designation at this time. The Park West development was originally planned on approximately 140 acres; however, most of the original PZD has been rezoned since the original approval expired: 1. 25.0 acres was rezoned to CS, Community Services on January 7, 2014. 2. 20.5 acres was rezoned to RMF-12, Residential Multi -Family, twelve Units per Acre on December 16, 2014. 3. 33.38 acres was rezoned to RSF-8 Residential, Single Family, eight units per Acre on February 17, 2015 (staff initiated). o This area has since been rezoned again on April 19, 2022 to a mix of 1) NS-G, Neighborhood Services General, 2) CS, Community Services, and 3) UT, Urban Thoroughfare. 4. 59.6 Acres retains the original expired RPZD designation, including the parcel being requested in this report. These parcels were originally included in the staff -initiated rezoning listed above. Staff and Planning Commission recommended the properties be rezoned to CS, Community Service; however, the parcels were pulled from the ordinance for further review by the Environmental Action Committee (see attached email). The committee provided several recommendations; however, it is unclear Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRMI 315 of 402 Paqe 1 of 36 what happened to the rezoning efforts after the Environmental Action Committee made these recommendations. The subject proposal will rezone 20.2 acres of the remaining 59.6 acres of remaining RPZD zoning district. The surrounding zoning and land uses are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Religious Facility CS, Community Services South Retirement Community RMF-12, Residential Multi -Family, 12 Units per Acre East Undeveloped RPZD, Residential Planned Zoning District (Expired) West Single -Family Residential RA, Residential Agriculture Request: The request is to rezone the property from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family, Eighteen Units per Acre. Public Comment: Four members of the public have emailed staff expressing conditional support for the project. All stated that the proposed density could be beneficial provided impacts to sensitive natural areas and drainage are carefully considered. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along North Truckers Drive, a fully improved residential link street with asphalt paving, curb and gutter and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the Subject area. Existing 8-inch water main is present on the South side of Subject Property. Sewer: Sanitary Sewer is available to the Subject area. Existing 12-inch sewer main is present in the Southwest corner of the subject property. Existing 10-inch sewer main is present across the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W. Deane St., protects this site. The property is located approximately 2.5 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property is within a FEMA floodplain or have hydric soils. The property is also not located within the Hillside -Hilltop Overlay District. A protected stream cuts through the western third of the property. Streamside Protection Zones Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 316 of 402 Paqe 2 of 36 generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Tree Preservation: The proposed zoning district of RMF-18, Residential Multi -Family, Eighteen Units per Acre requires 20% minimum canopy preservation. The current zoning district of RPZD, Residential Planned Zoning District requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety, and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level on connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 2-5 for this site, with a weighted score of 6 at the highest. The following elements of the matrix contribute to the score: • Near Sewer Main (10" Sewer Main bisecting parcel) • Near Water Main (6" PVC, N. Gilbert St.) • Near Grocery Store (Sam's Club) • Near Paved Trail (Clabber Creek Trail) • Appropriate Future Land Use FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The parcel is adjacent to residential properties of mixed densities to the west and south, with a commercial church property to the north and another parcel with the existing RPZD zoning to the east. During the staff -initiated rezoning in 2015, staff recommended CS, Community Services which has no density cap. RMF-18 has a maximum density cap of eighteen units per acre but would allow both single- and multi- family dwellings on this parcel to support adjacent commercial developments. Additionally, some commercial uses, such as limited Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 317 of 402 Paqe 3 of 36 business, professional offices, cultural and recreational facilities, and home occupations are allowed by conditional use permit in RMF-18 zoning district. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a weighted infill score of 6. A moderate infill score indicates that the area can likely support additional density if it is feasible under the proposed zoning entitlements. The request meets Goals 1 and 6 of City Plan 2040, by providing appropriate infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezoning to RMF-18 is justified. Currently, the property is zoned RPZD Park West, but all development rights have expired. This creates challenges for both the current property owner and any future buyers as nothing may be developed on the property without a rezoning. Several parts of the RPZD have been rezoned, with this parcel being one of two remaining. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The property is currently undeveloped and there are no development rights since the PZD approval has expired. Any rezoning action will increase congestion in the area. However, new development will also create the requirement for new streets and street improvements consistent with the master street plan that will help facilitate traffic flows. Adequate street connections to Deane Solomon, Hwy 112, and Truckers Drive, as well as internal connectivity between developments should minimize traffic danger and congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RMF-18 is likely to increase population density and therefore the load on public services; however, the impact is not expected to be detrimental. Adequate water and sewer connections are available to the site, suggesting the area can support the increase and avoid costly extensions to services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRMI 318 of 402 Paqe 4 of 36 b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommend forwarding RZN-2023-0017 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: July 24, 2023 O Tabled O Forwarded O Denied Motion: GARLOCK Second: MADDEN Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre • Zoning Background o ORD-4820 Park West RPZD excerpts o Original Planning Areas and Current Zoning Exhibit o City Council Minutes o Environmental Action Committee Recommendations o Email from Legal • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRMI 319 Of 402 Paqe 5 of 36 161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre (A) Purpose. The RMF-18 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessorydwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Eighteen 18 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 40 feet Two 2 family 40 feet Three 3 and more 75 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,000 square feet Two 2 family 5,000 square feet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 320 of 402 Paqe 6 of 36 Three 3 or more 7,500 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 13,000 square feet (E) Setback Requirements. Front Side Other Side Rear Rear Uses Single & Other Single Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 12 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 321 of 402 Paqe 7 of 36 Planning Area 1 (PA-1) — Single Family Residential AREA: 26.05 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. Unit 1 t right City-wide uEdel Unit 8 Single-family lin Unit 9 Two-familyn sUnit 10 Three-famiin sUnit 24 Home occu 2 Conditional uses. Unit 2 City-wide uses by conditional use omit (C) Density. Single-family, Two- and Three-family dwellings Units per acre 1 4 or less (D) Bulk and area regulations. 1) Lot width minimum. Single family 30 ft. Two-family 30 ft. (per unit 'Three-family 30 ft. (per unit) (2) Lot area minimum. Townhouse: Individual lot 2,500 sq. fLI t. Single-family 4,000 sq. ft. Two-family 2,400 sq. ft. (per unit Three-family 2,400 s . ft. er unit 3 Land area per dwelling unit. Townhouses & apartments No bedroom rl, 0 sq. ft. One bedroom 0 sq. ft. Two or more bedrooms 2,000 sq. ft. (E Setback re uirements. Front Side Rear Single- 14' * 6' Minimum family 10' ** Two- and 14' * 0' Minimum Three- 10' ** family * A build -to line. ** The rear building setbacks may range from 10' to 20' depending on the location of utilities. All structures shall be setback 20' from the centerline of any alley or easement. (F) Height. No structure shall exceed three stories, exclusive of the basement. (G) Building area. Detached dwelling Units: On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Attached dwelling Units: On any lot the area occupied by all buildings shall not exceed 80% of the total area of such lot. (H) Maximum Dwelling Units: 91 (I) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENHOW 322 Of 402 Page 8 of 36 Planning Area 2 (PA-2) — Town Homes/Single Family Attached AREA: 12.15 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellin Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 24 Home occupations Unit 26 _ Multi-famil dwellings (2) Conditional uses. U�ut 2 City-wide uses by conditional use cnnit C Density. Single-family, Two- and Three-family dwellings Units per acre 6 or less (D) Bulk and area regulations. (1) Lot width minimum _ Single family 30 ft. Two-family 30 A. (per unit) Three and more 30 ft. (per unit) (2) Lot area minimum Townhouse: Individual lot 2,700 sq. ft. Single-family 2,700 sq. ft. Two-family 2,700 sq. ft_(per unit) Three or more 2,700 sq. ft.(per unit 3 Land area per dwe_/_li�tunit. Townhouses & apartments i No bedroom 1,000 sq. it. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. �E Setback requirements. Front Side Rear _ Single- t0, * 0' Mitrimum20', family 30' from centerline of alley or easement Two- and 10' * 0' Minimum 20% Three- 30' from family centerline of alley or easement * A build -to line, wherever possible. (F) Height- Minimum two (2) stories. Maximum 45 feet. (G) Building area. On any !lot :the area occupied by all buildings shall - not exceed 80% of the total area of such lot. (H) Maximum Dwelling Units: 72 (I) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENHOW 323 of 402 Page 9 of 36 Planning Area 3 (PA-3) — Plaza Condominium AREA: 4.01 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. U:,it 1I Cit -wide uses b ri t Unit 8 Single-family dwelling Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eating places I Unit 15 Neighborhood shopping goods Unit 16 Shopping oods Unit 25 Professional offices Unit 26 Multi -family dwellin s 3 Land area_tYerdwellin unit. Townhouses & apartments No bedroom 1,000 sq. ft. One bedroom 1,000 sq. R. Two or more bedrooms 1,200 sq. ft. L Setback requirements. Front Side Rear l 20 0' 20' ] (F) Height. Minimum two (2) stories. Maximum seven (7) stories. (G) Building area. 85% of the site (H) Maximum Dwelling Units: 160 (1) Maximum Bedrooms: 320 (J) Maximum Intensity: 26,000 sq. ft. non- residential use (2) Conditional uses. _ Unit 2 City-wide uses by conditional (K) Architectural Design Standards: use permit Reference the Project Booklet Unit 14 Hotel, motel, amusement facilities Unit 24 Home occupations (C) Dens- it . Units 140 or less I) (D) Bulk and area regulations. 1) Lot width minimum. Single family 30 & Two-family 30 ft. Three and more 30 ft. Non-residential 0 ft (2) Lot area minimum. Townhouse: Individual lot 3,000 sq. ft. Single-family 3,000 sq. ft. _ Two-family 3,000 sq. ft. Three or more 3,000 sq. ft. Non -Residential No Minimum Planning Commission July 24, 2023 RZN-2023-0017 (THE LENHOW 324 of 402 Page 10 of 36 Planning Area 4 (PA-4) — Courtyard Multi -Family AREA: 7.83 acres (A) Purpose. See project booklet (B) Uses- 1 Permitted uses. Unit 1 Unit 8 City-wide uses by right Single-family dwelling Unit 4 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Hating places Unit 15 Neighborhood sho in oods Unit 16 Shopping goods Unit 25 Professional offices Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Public protection and utility Unit 3 facilities Unit 4 Cultural and recreational facilities Unit 24 _ Home occupations C Density. Units per acre 40 or less (E) Bulk and area regulations. 1 Lot width minimum. Sin e famil 30 ft. Two-family 30 ft. Three and more 30 ft. (2) Lot area minimum. Townhouse: Individual lot 3,000 sq. ft. Single-family 3,000 sq. ft. Two-farrdly 3,000 sq. ft. Three or more 3,000 sq. ft. Non -Residential No Minimum Q) ,land area per dwelling unit._.. Townhouses & apartnients No bedroom 1,000sq. ft. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. (E) Setback requirements_ _ Front Side Rear 16' from a public street 16' 16' or alley 10' from a private drive or access easement (F) Height. Minimum two (2) stories. Maximum four (4) stories. (G) Building area. 85% of.the site (H) Maximum Dwelling Units: 313 (1) Maximum Bedrooms: 626 Q) Maximum Intensity: 25,000 sq. ft. non- residential use (K) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENROW 325 Of 402 Page 11 of 36 1Planning'Area 5 (I'A-5)—Multi-Family Residential AREA: 4.79 acres (A) Purpose. See project booklet (B) Uses. 1 Permitted uses. Unit 1 City-wide uses by right Single-family dwelling Unit 8 Unit 9 Two-family dwellings _ Unit 10 Three-family dwellings Unit 12 Offices, studios and related services_ Eating laces Unit 13 Unit 15 Neighborhood shopping oods Unit 16 ShoppingShoppiag oods Unit 25 Professional offices Unit 26 Multi -family dwellin s (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 24 Home occupations (C) Density. If Units per acre 136 or less_ J (F) Bulk and area regulations. 1 Lot width minimum. Single famil 30 ft. Two-family 30 ft. Three and more 30 ft. 2 Lot area minimum. Townhouse: l Individual lot 13,000 sq, ft. I Sin le-famil . 3,000 sq. ft. Two-famil 3,000 sq. ft. Three or more 3,000 sq. ft. �3 Land area perd►vellin unit. Townhouses & apartments No bedroom 1,000 sq. ft. Onc bedroom 1,000 sq. ft. Two or more bedrooms 1,200 ft. E2 setback re urrements. Front Side Rear 30' from a public street 10, 20' 10' from a private drive or access easement (F) Height. Minimum two (2) stories. Maximum 4 stories otherwise. (G) Building area. 85% of the site (R) Maximum Dwelling Units: 172 (n Maximum Bedrooms: 344 (J) Maximum Intensity: 10,000 sq. ft. non- residential use (K) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENROW 326 of 402 Page 12 of 36 Planniieg Area 6, 7, 8, 9 (PA 6, PA 7, PA- 8, PA-9) — Preserve/Botanical/Detention AREA: PA-6: 4.85 acres PA-7: 1.17 acres PA-8: 2.31 acres PA-9: 10.47 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses. y-_ Unil 1 Citwide uses by ri�hl _(2) Conditional_ uses. Unit 4 Cultural and recreational facilities — - (C)Density. None (not applicable) (G) Bulk and area regulations. None (not applicable) (l:) Setback requirements. Front Sidc Rear 15, - _ - — -- 10 F— 15' (F) Height. No maximum height. (G) Building area. No maximum building area. .(H) Maximum Dwelling Units: Not applicable (1) Maximum Bedrooms: Not applicable (J) Architectural Design Standards: Not applicable Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRMI 327 Of 402 Paqe 13 of 36 Planning Area 10 (PA-1d) — Civic Lawn AREA:. 1.24 (A) Purpose. See project'booklet (B) Uses. I) Permitted uses. Unit 1 City-wide uses by right 2 Conditional uses. Unit 4 Cultural and recreational facilities (C)Density. None (not applicable) Brilk and area regulations. None (nut applicable) 1i Setback requirements. Front _ Side Rear 15' 10' 15' (F) Heif;ht. No maximum height. (G) Buileling area. No maximum building area. (11) Maximum Dwelling Units: Not applicable (1) Maximum Bedrooms. Not applicable (J) Architectural Design Standards: Not applicable Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 328 of 402 Page 14 of 36 Planning Area 11, 12 (PA-1 1, PA-12) — Mixed Use Districts AREA: PA-11: 31.82 acres PA-12: 5.77 acres (A) Purpose_ See project booklet (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 8 Single-family dwellin Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 13 Eatingplaces Unit 14 Hotel, motel, and amusement facilities 15 Neighborhood shopping oods _ _Unit Unit 16 Sho2ping goods Unit 17 Trades and services Unit 19 Commercial recreation, small sites Unit 24 home occupations Unit 25 Professional offices Unit 26 Multi-fairdly dwellings Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 5 Government facilities Unit 18 Gasoline, service stations, and drive-in restaurants Unit 21 Warehousing and wholesale _ Unit 29 Dance halls _ Unit 35 Outdoor music establishments C Density. _ Units per acre T 24 or less (H) Bulk and area regulations. l Lot width minimum. Sin le family �- 30 ft. Two-fan-ffly 30 ft. Three and more _ 30 ft. Non-residential 0 ft. (2) Lot area minimum. Townhouse: Individual lot 3,000 sq. ft. Single-family 3,000 sq. ft_ Two-family 3,000 sq. ft. Three or more 3,000 sq. ft. Non-residential 3) Land area per dwelling unit. Townhouses & apartments No bcdroom 1,000 sq. fl. One bedroom 1,000 sq. ft. Two or more bedrooms 1,200 sq. ft. E Setback rer uirements._ _ _ Front Side y Rear 8' to 12' * 20' from public or 5' private access 0' from internal side propertyproperLy lines _ * A build -to line (F) Ifeight. Structures immediately adjacent to the civic lawn shall have a minimum height of 30'. Structures adjacent to main streets shall be a minimum two - stories in height. Maximum heighf of four (4) stories otherwise. (G) Building area. 85% of the site (H) Maximum Dwelling Units: PA-1 1: 783 PA-12: 138 (1) Maximum Intensity: PA-1 1: 520,000 sq. ft. PA-12: 60,000 sq. ft. (J) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENHOW 329 Of 402 Page 15 of 36 Planning Area 13 (PA-13) — Neighborhood Commercial AREA: 4.21 acres (A) Purpose. See project booklet (B) Uses. (1) Permitted uses_ Unit 1 City-wide uses by right Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 15 Neighborhood shopping oods Unit 18 Gasoline, service stations, and drive-in restaurants Unit 25 _ Professional offices Unit 26 Multi -family dwellings _ (2) Conditional uses_ Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 35 Outdoor music establishments Urut 36 Wireless communication facilities (C) Density. Units per acre _24 or less (D) Bulk and area regulations. (1) Lot width minimum. Residential Use — None Non-residential — None (2) Lot area minimum. Residential Use — None Non-residential — None (3) Land area per dwelling unit. Townhomes or Apartments: *No bedroom 1,700 sq. ft. *One bedroom 1,700 sq. ft. *Two bedroom 2,000 sq: ft. (E) Setback requirements. Front Side Rear 50, 0' -- -- 20' 25' when contiguous to residential district (F) Height. Maximum 4 stories (G) Building area. 85% of the site (H) Maximum Dwelling Units: 15 (1) Maximum Bedrooms: 30 (1) Maximum Intensity: 15,000 sq. ft. (K) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENHOW 330 of 402 Page 16 of 36 Planning Area 14 (PA-14) — Thoroughfare Commercial (C) Density. None AREA: 15.55 acres (1) Bilk and area regulations, None. (A) Purpose. See project booklet (B) Uses. (1) Permitted uses_ Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12 Offices, studios and related services Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping goods Unit 16 Shopping goods Unit 17 Trades and services Unit 18 Gasoline, service stations, and drive-in restaurants Unit 19 Commercial recreation, small 25Professional kdsites offices Liquor store (2) Conditional uses. Unit 1 City-wide uses by right Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities ttil .Sethack reauirements_ Front Side Rear 40' 0' 20' 25, when 25' when contiguous to contiguous to residential residential district district (F) Height. Maximum 7 stories. (G) Building area. On any lot the area occupied by all buildings shall not exceed 70% of the total area of such lot. (H) Maximum Dwelling Units: Not Applicable (I) Maximum Bedrooms: Not Applicable Q) Maximum Intensity: 200,000 sq. ft. (J) Architectural Design Standards: Reference the Project Booklet Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 331 of 402 Page 17 of 36 Plagning Area 15 (PA-15) —Parks and Trails AREA: 7.18 acres (A) Purpose. See project booklet () Uses. (l) Permitted rrses. _ Unit 1 __ City-wide uses by right- (C)Density. None (not applicable) (D) Bulk and area regulations. None (not applicable) (Ii) Setback re «irements. Front Side Rear 1151-1 10' 15' (F) Height. No maximum height. (G) Building area. No maximum building area. (I) Maximum Dwelling Units: Not applicable (1) Maximum Bedrooms: Not applicable (.l) Architectural Design Standards: Not applicable Planning Commission July 24, 2023 RZN-2023-0017 (THE LENROW 332 of 402 Page 18 of 36 a Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRMI 333 Of 402 Paqe 19 of 36 4 ORIGINAL PLANNING AREAS I CURRENT ZONING EXHBIT -------------- CURRENT REZONING Dr-:nl lr-:(ZT —7-7"' 7 334 of 402 Page 20 of 36 City Council Meeting Minutes February 17, 2015 Page 4 of 19 Alderman Kinion: This is the language to take our current code and put it into compliance with the suggestion of the ADEQ and the EPA. This specific revision of the code that we are talking about tonight doesn't have a direct impact on rates. We are bringing some terminology up, to make it in line with current usage. City Attorney Kit Williams: It was under an abundance of caution that we went ahead and publicized this, as if it did affect the rate. The effect on rates with this particular ordinance should be very minimal, if any. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Schoppmeyer was absent. Ordinance 5 73 9 as Recorded in the office of the City Clerk RZN 14-4882 (East Side of Rupple RD./Westside Village): An ordinance rezoning that property described in Rezoning Petition RZN 14-4882, for approximately 21.63 acres, located on the east side of Rupple Road North of the Boys and Girls Club, from R-PZD, Residential Planned Zoning District R-PZD 06-1884 Westside Village, to NS, Neighborhood Services. This ordinance was left on the First Reading at the February 3, 2015 City Council meeting. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh seconded the motion. Upon roll call the motion passed 6-1. Alderman Long voting no. Alderman Schoppmeyer was absent. City Attorney Kit Williams read the ordinance. A discussion followed about leaving the ordinance on the second reading. Council members from Ward 4 requested more time to visit with citizens. This ordinance was left on the Second Reading. RZN 14-4883 (HWY. 112 North of Truckers Drive/Parkwest): An ordinance rezoning that property described in Rezoning Petition RZN 14-4883, for approximately 93.04 acres, located at HWY 112 North of Truckers Drive from R-PZD 05-1796, Residential Planned Zoning District Park West, to RSF-8, Residential Single Family, 8 units per acre, and CS, Community Services. This ordinance was left on the First Reading at the February 3, 2015 City Council meeting. Alderman Gray moved to suspend the rules and go to the second reading. Alderman Kinion seconded the motion. Upon roll call the motion passed 7-0. Alderman Schoppmeyer was absent. City Attorney Kit Williams read the ordinance. Planning Commission 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov July 24, 2023 RZN-2023-0017 (THE LENRW 335 of 402 Paqe 21 of 36 City Council Meeting Minutes February 17, 2015 Page 5 of 19 Jeremy Pate, Director of Development Services gave a brief description of the ordinance. He stated the item was a staff initiated rezoning. The Planning Commission is recommending approval 9-0 in favor of the request. Alderman Marsh: I've gotten a few concerned inquiries regarding the sensitive riparian areas on the site. What protection will those areas have if this were to go forward? Jeremy Pate: Any zoning district would have to look at the development proposal. We would look at whether there is a streamside protection area and designated wetlands. Alderman Marsh: Just to be clear, our Streamside Protection ordinance will protect the critical areas. Jeremy Pate: If it applies. We don't know if it applies currently without a development proposal and seeing if there is actually a stream bank that drains at least 100 acres. We would have to look at our maps to understand that. Joe Neal, 145 East Cleburn stated his concerns about a portion of the acreage with the proposed rezoning request. He stated he is not sure that anyone has looked at the seasonal wetlands issue. He stated that wetland soils, wetland plants, wetland birds and all kinds of wetland ecological issues need to be taken into consideration. He stated if we continue to lose wetlands, he would like the Council to mitigate losses and take into account what is being lost if authorization of the development of the property is granted. Aubrey Shepherd, Citizen stated he would like the City Council to engage in some change to ordinances that would require the Planning and Engineering Departments to go back to having a Corp of Engineers delineation of seasonal wetlands. He expressed his concerns if all the acreage was rezoned to eight houses per acre. Alderman Marsh: Has this been through the Environmental Action Committee? Alderman Long: It was not on the last agenda. It can be added to the next one. Alderman Marsh: I would like to see that done. Maybe we could split off the 33.38 acre parcel and go ahead and rezone that, then refer the balance in the critical areas to the Environmental Action Committee. A discussion followed about sending the item to the Environmental Action Committee for review. Alderman La Tour: Do we know if the current landowner has an opinion? Jeremy Pate: I don't know. It's owned by a bank. We have notified them of what staff is presenting. Rezoning's do not go to the Environmental Action Committee, unless the Council sends it there. There are no eminent plans that we are aware of to sell the balance of this property or to develop it at this time. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.govPlanning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 336 of 402 Page 22 of 36 City Council Meeting Minutes February 17, 2015 Page 6 of 19 A discussion followed about rezoning the property to. allow it to be more marketable within the city, whereas the property currently has no developing or rezoning rights. Alderman Gray: Is it possible to break this off as Alderman Marsh has suggested? City Attorney Kit Williams: This was proposed by staff. Staff would have the right to divide it. My advice is that we need to have some zoning on it that would allow at least some kind of development to go on it, whatever zoning you believe is the most appropriate. Jeremy Pate: It would be fine to split it off or leave it all and have it go through at the same time. Alderman Marsh encouraged City Council members to rezone only 33.38 acres and send the ordinance to the Environmental Action Committee for review. Mayor Jordan: What do Ward 4 Council members think? Alderman Long: I haven't heard anything from people who live in the area. I didn't want it to move to the second reading at the last meeting, because I usually do hear from people in this area. I haven't had any objections from constituents. I'm happy to take it to the Environmental Action Committee next month. Alderman La Tour: I haven't heard from any constituents. If I were a stockholder in that bank, I would feel very imposed upon to have City Council say this is wetland and you can't do anything with it. That takes away economic value. Alderman Long: This isn't restricting the bank's rights. It is allowing them to do something with it. Right now they can't build anything on it. This discussion will put value in their property. A discussion followed regarding how the ordinance and exhibits would be written if it was amended to rezone 33.38 acres to RSF-8. Alderman Marsh moved to amend the ordinance to rezone only 33.38 acres with an RSF-8 zoning and not rezone the additional property. Alderman Gray seconded the motion. Upon roll call the motion to amend passed 7-0. Alderman Schoppmeyer was absent. Alderman Marsh moved to suspend the rules and go to the third and final reading. Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman Schoppmeyer was absent. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Alderman Schoppmeyer was absent. Ordinance 5740 as Recorded in the office of the City Clerk Planning Commission 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov July 24, 2023 RZN-2023-0017 (THE LENRW 337 of 402 Page 23 of 36 Garner, Andrew From: Nierengarten, Peter Sent: Monday, April 27, 2015 8:59 AM To: Garner, Andrew Cc: Pate, Jeremy; Brown, Chris Subject: EAC Recommendation regarding Parkwest Rezoning Hi Andrew, On Monday, April 20t", the Environmental Action Committee (EAC) passed a recommendation to City Council regarding the proposed rezoning of 59.66 acres along Hwy 112 (formerly Park West). The Environmental Committee: • Encourages preservation in this area • Encourages LID when developed • Recommends front zoning be broken off (different) from the remainder of the property • Encourages family element to the zoning so that Parkland Dedication can be contiguous to the property • Recommends EAC review this property again if rezoned in the future Let me know if you have any questions about this. Peter Nierengarten Sustainability & Resilience Department Director City of Fayetteville, Arkansas 479.575.8272 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENIRW 338 of 402 Page 24 of 36 Wonsower, Donna From: Masters, Jessica Sent: Wednesday, June 28, 2023 7:58 AM To: Pennington, Blake; Wonsower, Donna Subject: RE: Ordinance 5740 - CS? Thanks Blake and Donna for looking into the matter! We'll include some inclusion of this conversation in the background section of the report. Jessie Jessie Masters, AICP Development Review Manager City of Fayetteville, Arkansas (479) 575-8239 www.fayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE wpKwNsws From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Tuesday, June 27, 2023 5:23 PM To: Wonsower, Donna <donsower@fayetteville-ar.gov>; Masters, Jessica <jmasters @fayetteville-ar.gov> Subject: RE: Ordinance 5740 - CS? If this was a staff -initiated rezoning then it must have been one of the PZDs that had lost all development rights (at that time PZDs expired after a certain amount of time). Our office had recommended bringing all of those PZDs in similar situations back to the City Council to be rezoned so they could have some development entitlement. Sometimes it was to revert to the zoning just prior to the PZD zoning; in other cases, I think the property owner had some input. Just glancing through this report, staff had recommended both the RSF-8 and CS. It's not entirely clear who should have shepherded the CS area back to the City Council after the EAC made its recommendation. I have never seen that situation before and I'm not sure how Andrew and Jeremy handled it after that. In any event it needs to be rezoned to something because it sounds like there is no development entitlement at all. Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bDenninatonafavetteville-ar.aov Direct: 479.575.8312 www.fayetteville-ar.gov C T ', 0 F WOO FAYETTEVILLE ARKANSAS Planning Commission July 24, 2023 RZN-2023-0017 (THE LENIRW 339 of 402 Page 25 of 36 RZN 2023-0017 Public water is available to the Subject area. Existing 8-inch water main is present on the South side of Subject Property. Sanitary Sewer is available to the Subject area. Existing 12-inch sewer main is present in the Southwest corner of the subject property. Existing 10-inch sewer main is present across the subject property. The subject area has frontage along North Truckers Drive. North Truckers Drive is a Fully improved Residential Link street with asphalt paving, curb & gutter and Sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Does any portion of the subject area lie within the Hillside -Hilltop Overlay District? ❑ Yes ❑X No Comments: If Yes, additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Does any portion of the subject area lie within a FEMA Floodplain? ❑ Yes ❑X No Comments: If Yes, a floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Is a protected Stream present in the subject area? ❑X Yes ❑ No Comments: If Yes, Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Are any Hydric Soils present in the subject area? ❑ Yes ❑X No Comments: If Yes, Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of jurisdictional Wetlands will be required at the time of development submittal. Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 340 of 402 Page 26 of 36 CITY OF FAYETTEVILLE ARKANSAS To: Jesse Masters, Planner CC: Battalion Chief Jeremy Ashley, Fire Marshal From: Captain Clint Price, Deputy Fire Marshal Date: 6/6/2023 Subject: RZN-2023-0017: Rezone: For parcel number 765-15830-007 Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W Deane St., protects this site. The property is located approximately 2.5 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Mailing Address 303 W. Center St. Fayetteville, AR 72701 www.fayetteville-ar.gov Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 341 of 402 Page 27 of 36 May 19, 2023 City of Fayetteville Planning Division 125 West Mountain Street Fayetteville, Arkansas 72701 RE: Rezoning of Parcel No. 765-15830-007 To Whom It May Concern: ELDRIDGE BROOKS PAR+NERS I write on behalf of our client, Lennon Fayetteville Holdings, LLC, developer and owner of "The Lennon," a proposed project to be located near North Highway 112 in Fayetteville, Arkansas, owned by Willow Bend OptionCo, LLC (the "Applicant"). This letter regards the rezoning of Parcel No. 765-15830-007, as more particularly described on the attached as Exhibit "A", from its current designation of RPZD, Residential Planned Zoning District, to RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre. While RPZD allows for Applicant's intended use, which is to construct a multi -family residence that will accommodate a proposed density of 16 units/acre, RMF-18 is the tailored and best designation for both the City and Applicant. The subject property is bound by other residential use properties: to the west by Residential - Agricultural and the south by Residential Multi -family — Twelve (12) Units per Acre. Further, The Lennon is to be located adjacent to Fellowship Bible Church and near "The Aronson" mixed -use development recently approved by the City. The proposed rezone is compatible with and will not adversely affect these neighboring properties but instead, will add additional much -needed housing and planned connectivity to a fast-growing area. The City Plan 2040 Future Land Use designates the subject property as within a City Neighborhood Area, which are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. Rezoning to RMF-18 will allow for the development of multi -family residences at a medium density to address future land use goals and the City Neighborhood's dense residential use development, while leaving the lands directly adjacent to Hwy-112 available for future commercial development. In conclusion, the proposed rezoning for The Lennon will not unreasonably adversely affect or conflict with the surrounding land uses, is the highest and best use of the subject property, is in line with the City's 2040 Future Land Use and provides for efficient approval of a development plan under the Unified Development Code. Applicant respectfully requests the Planning Commission to vote in favor of Applicant's rezoning request. We appreciate your consideration of our proposal and look forward to working with you to create a vibrant and sustainable community. Sincerely Yours, 5&_ Steve Brooks 5100 WEST J.B. HUNT DRIVE, SUITE 840 • ROGERS, AR 72758 • 479-553-7678 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 342 of 402 Page 28 of 36 Willow ELDRIDGE BROOKS PAR+NERS L. Gilbert, Agent for Willow Bend OptionCo, LLC 5100 WEST J.B. HUNT DRIVE, SUITE 840 • ROGERS, AR 72758 • 179-553-7678 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 343 of 402 Page 29 of 36 Wonsower, Donna From: Planning Shared Sent: Monday, July 10, 2023 10:01 AM To: Wonsower, Donna Subject: FW: RZN-2023-0017 fyi Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: David Criswell <david.t.criswell@gmail.com> Sent: Monday, July 10, 2023 8:41 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I live near the area of RZN-2023-0017 and frequent the natural spaces near this property. I am writing to express conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into. The proposed density will be beneficial to the surrounding area. Excessive runoff and pollutants, however, will not be. Sincerely, David Criswell 2437 W HoneyLn Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 344 of 402 Page 30 of 36 Wonsower, Donna From: Sent: To: Subject: Follow Up Flag: Flag Status: For you Thankyou Mirinda Hopkins Development Coordinator Planning Shared Monday, July 17, 2023 12:54 PM Wonsower, Donna FW: RZN-2023-0017 Follow up Flagged Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube F�_--e-- t = i From: Meredith Castin <meredithcastin@gmail.com> Sent: Monday, July 17, 2023 12:18 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello! I live near the area of RZN-2023-0017 and frequent the natural spaces near this property. I am writing to express conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into. The proposed density will be beneficial to the surrounding area to provide additional housing and as it will encourage much needed services be developed closer to the neighborhood at large. However, excessive runoff and pollutants into our preserved natural spaces will not be supported. Thank you for your consideration! Sincerely, Meredith Castin Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 345 of 402 Page 31 of 36 Wonsower, Donna From: Planning Shared Sent: Tuesday, July 18, 2023 9:48 AM To: Wonsower, Donna Subject: FW: RZN-2023-0017 FYI Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube From: Clark Eckels <clark.eckels@gmail.com> Sent: Tuesday, July 18, 2023 9:45 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I live near the area of RZN-2023-0017 and frequent the natural spaces and the greenway near this property. I am writing to express conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into. The proposed density will be beneficial to the surrounding area to provide additional housing and as it will encourage much needed services be developed closer to the neighborhood at large. However, excessive runoff and pollutants into our preserved natural spaces will not be supported. Clark Eckels Planning Commission July 24, 2023 RZN-2023-0017 (THE LENIRW 346 of 402 Page 32 of 36 Wonsower, Donna From: Planning Shared Sent: Tuesday, July 11, 2023 10:17 AM To: Wonsower, Donna Subject: FW: RZN-2023-0017 Follow Up Flag: Follow up Flag Status: Flagged For you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube V4Vv ~;.. From: Matt Phillips <matt.phillips96@gmail.com> Sent: Monday, July 10, 2023 5:50 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-0017 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I live near the area of RZN-2023-0017 and I support this rezoning. I think higher density will help make this area more financially sound for the city as most of this area are single family homes. I do think as planning continues the water runoff would need to be carefully watched. Thanks, Matt Phillips 3549 West Grouse Rd 1 Planning Commission July 24, 2023 RZN-2023-0017 (THE LENRW 347 of 402 Page 33 of 36 RZN-2023-0017 One Mile View Re] RSF N. TRUCKERS DR - 0 0.13 0.25 0.5 Miles \ I � � -------------------- - - - - -- -� 1 1 1 1 1 I 1 J I Regional Link iiiiiii Neighborhood Link Freeway/Expressway — Unclassified — Residential Link JJW Planned Residential Link Shared -Use Paved Trail — — Trail (Proposed) Design Overlay District Fayetteville City Limits iPlanning Area Subject Property CS RMF-12 - I I-1 3 ORTH SCHEIDR i \ I I \ i C2 h M N y zoning I-2 Gane.1 Ind-rial RESIDENT IALSINGLE-FAMILY EXTRACTION =NSG =E-1 RI-U COMMERCIAL RI-12 Resitlenlial-ONce NS-L C-1 ResmanYaI Agrlcun I♦ c-2 r _ RSF-.5 C-3 _ RSF-1 FORM BASED DISTRICTS Downtown Gore his Urhan Tlwr !,hire RSF-� Maln Sheet Center RSFA Dmmercm Gen..l RSF-18 ammenly Servi.s RESIDENTIALMULTI-FAMILY Neig—rhaatl Servkes p RMIl Neighborhood ConserreYan IIIIIIIII RM112 PLANNED ZONING DISTRICTS RMF-18 IIIIIIIIICommercial. IntlusNal. ResitleMial Planning Area ---= - �RMF ^ INSTITUTIONAL P 1 Fayetteville City Limits g I USTRIAL I-, Neavy Gnmmerclal antl Light lntlaalrial - - _ annlna Uommisslon RZN-2023-0017 (THE LENHMI 348 of 402 Paqe 34 of 36 RZN-2023-0017 Close Up View NS-G N. TRUCKERS DR RSF-8 46 Subject Property ♦� Propo d RMF- 8 �. RPZD ■ ■ R-A ■ ■ ■ ■ I LBERT-ST, O G Q LESLIE DR w N u~i Z F- �W F RMF-12 W n O v (7 pgLVp 'NORTH BLD Zone Current Proposed Unclassified CS 0.0 0.0 RMF-18 0.0 20.2 Residential Link RPZD 20.2 0.0 Feet ■ ■ Planned Residential Link ' Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1:2,400 Total 20.2 ac July 24, 2023 RZN-2023-0017 (THE LENRW 349 of 402 Page 35 of 36 RZN-2023-0017 N. TRUCKERS DR Current Land Use M Residential -Agricultural Unclassified Residential Link ■ ■ Planned Residential Link Trail (Proposed) Planning Area Fayetteville City Limits NORTH ��� fiR �� IIIIIIIII � m - - - g 4 _ CommunityServices �7-7 Subject Property Multi -Family Residential Feet 0 112.5 225 450 1:3,600 Residential Planned Zoning District 675 900 FEMA Flood Hazard Data 100-Year Floodplain Floodway RZN-2023-0017 (THE'LENRW 350 of 402 Page 36 of 36 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2023-962 THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: July 27, 2023 SUBJECT: Misty Simpson Water Damage Claim at 2425 E. Sharon St. RECOMMENDATION: The Utilities Department Director recommends to the Mayor to request approval of payment to Misty Simpson for water damage to the residence located at 2425 E. Sharon Street resulting from a large City water main break. BACKGROUND: On September 20, 2021, the City of Fayetteville experienced a large 36-inch diameter water main break on N. Makeig Ct. Misty Simpson owns the home located at 2425 E. Sharon St. This large water main break caused substantial amounts of flooding and damage to the neighborhood and to the Simpson residence. Misty Simpson's insurance company denied her claim, so she immediately filed a damage claim with the City after the incident. DISCUSSION: Per City Code Section 39.10 — Water and Wastewater Damage Claims, "The Utilities Department Director may not authorize any payment greater than $10,000.00 for any claim pursuant to this section. The Mayor may request the City Council to authorize an amount greater than $10,000.00 by resolution, but in no case shall the city pay more than $25,000.00 pursuant to this claims procedure for a damage claim related to a water or wastewater utility infrastructure occurrence unless in an extraordinary case the Mayor recommends and the City Council by two-thirds (2/3) majority approves an exemption from the $25,000.00 damage cap and approves a payment up to $50,000.00." Partial payments have previously been made to Misty Simpson, Privacy Fence Inc., A Clean -Cut Lawn Care, Stanley Steemer, and Hall Engineering in the amount of $19,961.77 for loss of personal belongings, flooring and ductwork cleaning, structural investigation, fence replacement, and landscaping services. The water main break flooded the residence and caused major damage to the foundation of the home. The claimant is requesting payment in the amount of $61,200.00 for the repair of the foundation, driveway and sidewalk. The water main break also damaged areas in a bathroom and bedroom with a repair request of $16,075. The claimant is requesting payment in the amount of $5861.33 plus any taxes for remediation of the front and side yard and the repositioning of a storage shed. The claimant is requesting payment in the amount of $14,801.98 for rebuilding a back patio. The claimant requested payment for fencing and back yard landscaping in the amount of $12,610, but the City has previously paid for these services. They do not qualify Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 351 of 402 for consideration. The total repair amount Misty Simpson is requesting, excluding those repairs already paid by the City, is in the amount of $97,938.31. Below is a summary list of the expenses Misty Simpson has provided quotes for: Date Business Amount 2/22/2023 Precision Foundation $61,200.00 Specialists 5/31/2023 Fanning Construction $16,075.00 5/4/2023 NWA Creative Spaces LLC $5,861.33 7/6/2023 Fanning Construction $14,801.98 Total $97,938.31 Description Foundation repair Bathroom and bedroom repair Yard repair —taxes not included Patio repair Staff requests approval to reimburse Misty Simpson for the maximum amount allowed by Section §39.10 of the City Code. BUDGET/STAFF IMPACT: Funds are available in the Insurance Self (Non -Vehicle Damage) account within the Water & Sewer fund. ATTACHMENTS: SRF Misty Simson Water Damage Claim, Claim Documentation Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 352 of 402 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-962 Misty Simpson Water Damage Claim at 2425 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 $50,000.00 TO MISTY SIMPSON FOR A WATER DAMAGE CLAIM ARISING AT 2425 EAST SHARON STREET 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 WHERAS, the City has already made partial payments on a damage claim at 2425 East Sharon Street to Misty Simpson, Privacy Fence, Inc., A Clean -Cut Lawn Care, Stanley Steemer, and Hall Engineering in the amount of $19,961.77. 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 total amount of $50,000.00 (of which $19,961.77 has already been paid) to or on behalf of Misty Simpson for expenses related to the water main break damage at 2425 East Sharon Street. Page 1 Page 353 of 402 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2023-962 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/27/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: The Utilities Department Director recommends to the Mayor to request approval of payment to Misty Simpson for water damage to the residence located at 2425 E. Sharon Street resulting from a large City water main break. Budget Impact: 5400.720.4310-5311.04 Water and Sewer Account Number Fund N/A N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 40,095.91 $ 40,095.91 $ 30,038.23 10,057.68 Previous Ordinance or Resolution # Approval Date: V20221130 Page 354 of 402 DOCUMENTATION OF PREVIOUS PAYMENTS Page 355 of 402 Details of 2425 E Sharon St claim -Misty Simpson Paid to Privacy Fence Inc. Paid to A Clean Cut Lawn Care Paid to M. Simpson (partial) (contents) Paid to Stanley Steemer Paid to Hall Engineering Total $9,840.00 $6,524.65 1,015.71 2,031.41 550.00 19,961.77 Page 356 of 402 'i W D a W V 2 V 71 J Z a) U s (D t U a) } .2 U N U U L 3 m z d c m c a) m 0 C — cn m 2 2 � c 3 m N N cn N n m c O a' a a) C m N E N N L o E E E N N E Z w m a Nca LL 2.- 7 LL N E o O Z O LL a T o > a LL a i L6 O 69 U N U O c 0 0 a d a) C j O fA O O Z 0 T� "O a 0 ` U a) a 'a o a) 0 a Q Q r c n o 0 Li _ E L J Q H c c .a CD N CD N D1 C C 0 U a m E z c '0 Q U (7 Y I �2 N Page 357 of 402 Shea Fankhouser https://cof-Iffonns. city. fyv.usiFonns/form/approval/ 1392fDcO-079e-4c3 9 I W Claim Request Although the City of Fayetteville is immune from any claim for liability or damages caused by alleged negligence of its employees, the City Council has authorized a very limited property damage claims procedure. INSTRUCTIONS: Please complete this form clearly stating the reason for the claim, amount you are requesting, all contact information, and attach appropriate documentation including receipts, estimates, photos, etc. Three (3) itemized written estimates must be provided prior to repairs being made. Substantive documentation MUST be provided to establish all monetary values. Additional sheets may be added. Failure to provide all information and fully substantiate your claim will result in the claim being denied. Please do not discard any items that are being claimed as damaged. Filing a claim does not imply approval; claims will be investigated before a decision is rendered; claims received more than 30 days after the incident will be denied. Claims containing inaccurate or fraudulent information will be denied. Please mail to or hand -deliver documents to: Mayor's Office — Claims, City of Fayetteville, 113 W. Mountain St., Fayetteville, AR 72701 OR Fax to 479-575-8257 CLAIMANT INFORMATION First Name Last Name Middle Initial Misty Simpson D Claim Type What type of claim are you requesting? General , Water and Sewer Email misty@starpedtherapy.com Address Street Address 2425 E Sharon St Address Line 2 City State / Province / Region FAYETTEVILLE AR Postal / Zip Code Country 72703 United States 1 of 5 rr1-1d1gW14_*WM Shea Fankhouser https://cof-Iffon-ns.city.fyv.us/Foi-ms/fonn/approval/I 392fOcO-O79e-4c39... Daytime Phone 479-283-5121 Alternate Phone Incident Location Address/Location of Occurence Street Address 2425 E Sharon St Address Line 2 City FAYETTEVILLE Postal / Zip Code 72703 INCIDENT INFORMATION Date of Incident 9/20/2021 Incident Nature Insurance Time of Incident 6:30 AM Nature of Occurrence Automotive Related other State / Province / Region AR Country United States Amount being Claimed $ 12000.00 Home Related Personal Do you have any insurance which covers your damage? Yes - No The City cannot pay a claim in an amount exceeding a Claimant's insurance deductible, if covered. The undersigned hereby files a claim against the City of Fayetteville, Arkansas for the following reason(s): Attach additional sheets if necessary 2 of 5 PQ4/a:4byM Shea Fankhouser https://cof-Iffon-ns.city.fyv.us/Forms/forrn/approval/I 392fUcO-O79e-4c39... Incident The undersigned hereby files a claim against the City of Fayetteville, Arkansas for the Description following reason(s): My bedroom received water damage to the floor and door frame. My fence is damaged. My yard is covered in mud. I lost patio furniture, huge outdoor dog bed. Large fan ruined. Huge indoor dog bed. 3 of 5 PQRW'Aab�m Shea Fankhouser https:Hcof-Ifforms. city.fyv.usiFoi-ms/form/approval/ 1392fDcO-079e-4c3 9... File Upload Upload 20210920_195253.jpg 1.72MB 20210920_200939.jpg 1.28MB 20210920_200943.jpg 1.31VIB 20210921_073132.jpg 1.94MB Attach appropriate documentation including receipts, itemized estimates, photos, etc. If vehicle related, please include proof of insurance if applicable. Agreement I Agree. By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Signature By signing below, I acknowledge that the above -provided information is true and correct to the best of my knowledge and belief. �dV\Or Refer To Shea Fankhouser Department WATER & SEWER Additional Upload Documentation Memo 4 of 5 Pyd@/W 44(bpm Misty Simpson Damage Claim Personal Contents Destroyed 2425 E. Sharon St. Fayetteville, AR 72703 Dog Bed $ 114.53 Dog Bed $ 196.47 8x10 Rug $ 123.23 Nike Shoes $ 140.00 Nike Shoes $ 185.00 2 Outdoor Cushions $ 74.48 Chair Set $ 182.00 Total 1 $ 1,015.71 Page 362 of 402 FREE SHIPPING � RETURNS FREE MEMBERSHIP. EXCLUSIVE PRODUCTS C'ri1et�-1S Nike Air Force 1 Low FM Change By Daryl Homer Custom Shoes $140 �1 Inspiration Your Designs Customize T Sold Out Customize and save your design so ifs ready for purchase. u Share Celebrate the Future Movement (FM) in an AF1 that delivers personalized style with a story inspired by Black Innovators and creators. 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Vew Details Quick Add (}, Share Sava All to Lrsl Rt tmave All Aeans Carolina Pet Company Large/X-Large Sage Classic $114.53 Canvas Bolster Bed Store SKU 410052018i3 Model 0039470 elltp Ta 16— SNP T. Flume Pichedabd Dae Feb, 26-Ma' 03 hlul nva IYOi� rur dn. 72n13I Chug. FREE _..___I :ree.:nSnSorner I - - Curbside Available "- Save fax t ater Save to t.lst Remove JONATHAN Y Zinnia Navy/Green 8 ft. x 10 ft- Floral $123.23 Indoor/Outdoor Area Rug ColorTinrsh: Navy/oreen Shape: Rectangle, 7r9r' x 10'0' 9dPTe 61ve SNPTo ee,M Ellarrle� ScheduNrt Deiwry Fryeetenlrtlmaled MNYI: Ncw A.lrLvnk .,x fh< 72703 Mm, Feb is r _..___ ._..�. -.. FREE '..__._ FREE t `- --------'- --- - ----- - 'ElAdd a Home Dapat Protmtron Plan by AUlatate? 2-year PmleOion for S20.00 Lram Mare Save for Laicr S.ive to Liet Ren ove Large Ortho Sleeper Comfort Couch Pet Bed with Removable Cushion - Cannel Store SKU 000520142, Model *01536 ahb. Ship TO H— schoduhw prtlwy .,A FryetteNee.R E0—ted—n M.7 Ilnf A:xLx.r ray !v. 727M V2ed,Ma 2 I — FREE I FREE 1 Savo for L, 1er Save to Lis: Remnv, ARDEN SELECTIONS 24 in. x 24 in. 2-Piece Deep Seating Outdoor Lounge Chair Cushion in Sapphire Blue Leala Cushion Style: Welled Seal Width (in.) x Seat Depth (in): 24. 24 Cushion Color or Pallem; Sapphire Blhe Leala 1----- ----7 QYp Te at.. ShipT 14— Sched.h Drtivery rep 2"- 0' rla•A.;.bbk iv:h: A7MSeWr.A, unr naI C�— FREE Curbside Available Save for Laser Save to Lst Remove Barton 3-Piece Wicker Rattan Furniture Outdoor Bistro Patio Set Chairs with Removable Beige Cushions and Round Table Store SKU A 1007523713 Model A93514-H i ta,p T. 0— rnV RlWie� Scheduhd CeYvary ftyvha ae, AR I evbn A~ W! A.el•.Nr'ri. u 72703 I 71K Me,1 rn . FREE FREE 7 '-� - - -' -' - Carte Inr I alw Sava rn I rcl na.rnrva $196.47 $146.96 ($36.14/Rem +LY :0d1 Save2u% $182.00 Page 365 of 402 W0% CITY OF FAYETTEVILLE ARKANSAS April 1, 2022 Misty Simpson 2425 E. Sharon St. Fayetteville, AR 72703 Subject: Water Claim Dear Misty Simpson, The City of Fayetteville is in receipt of your claim form concerning the City water main break near your residence located at 2425 E. Sharon St. in Fayetteville on September 20, 2021, which resulted in damage to your home and personal contents. The City of Fayetteville offers to reimburse you in the amount of $1,015.71 for the personal contents you lost as a result of the water main break and subsequent flooding. The City will pay Hall Engineering directly for the engineering consultation in the amount of $550.00. The City will also pay Stanley Steemer directly for the home and vent cleaning in the amount of $1,742.50. The City is processing the payment to you in the amount of $1,015.71, and the payment issued will not finalize your damage claim. The claim will be finalized when the home repairs are completed, and the remaining payment will be issued at that time, pending City Council approval. Sincerely, City of Fayetteville 4114V4 / Tim Nyander Utilities Director Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 366 of 402 WPM _ PRIVACY FENCE, INC ESTIMATE: M T vv T F s i - - PO Box 7582 f INV# 22- 008 Date: %; k_/z2 AM J PM i t ��ringdale, AR 727 AR Conh r License V �T9-751-7894 UTIL009 S APPROV DATE: _�_ -._/ 21 � Office: vnlrnEs PrivatyFenceWl cgm An AWG SMELS ��� COXAPPROX START: J z� _ _ .M LC OzGO � � SWEPOO WS ADVERTISING Proposal(] Invoic� REF a .-.- I A utir (Creel oNTR INEr I" ARKUPS: L J AM / PM ESTLR PAEV RED REF_SIGN SOCIAL - _ — _ - Client: -Cut- a E Email: 64,_,,slit IZ' tue4let fg -.&f, 5 Address: ;?q WSJ srtyt„�� SF, Phone: ❑ TREESjBRUSH CI HILLSIDE I I./C1 (I ROCKY ❑ WATER LL. L210-t-�( �jn,�l.�a //L AVAILABLE GROUND ❑ ELECTRICITY AVAILABLE U FENCE OFF GROUND >2" I ❑ FINISHED SIDE OUTSIDE G FINISHED SIDE INSIDE Cl DOGS "PRESSURE TREATED RAILS AND POSTS_ USED UNLESS OTHERWISE h FENCE TYPE PICKETS HEIGHT FOOTAGE I-i BOARD TO BOARD r PHESSI;IIE =R a1LU i1INL I FT ;`5FT/t,FI -1 SHADOW BOX ❑ EASFF_WN CLU;:R al 1 ;' SFT/ 6FT .= BOARD ON BOARD .: W=STL9.V CEL0, 1F1,;,11Jt-i.I ORNAMENTAL IRON P,1 CIF ; RC t;SP. 00 E1 1 )Pl ' PAIL .-. "..�'Sif (FIN_"IF' PEKE -1 1FT I I; t,FI 3 PAIL c i]ENE';I (LX7 NOFG i':CK-'I CHAIN LINK GAC:,c YC:�L C�i�rEii - g�sr OTHER: SINGLE GATES: C ; WOOD FRAME -SILFI FRAME D CHAIN LINK .ORNAMENTAL T:=AR OUT OEC iRA IVE PJQr ID HAUL OFF I'"' IEFS •t: , ,1 I:- t TfTn AN TLATC OOAOACAI ** We propose to furnish material and labor, with the included specifications for the sum rf: o'C CHECK/CASH PRICE: S CREDIT CARD PRICE: S % 5A "" TAX S N/A DEPOSIT: 5 BAO JNCE DUES S_���d DOUBLE GATES: - 0 1.11u, lit LIIA1,0 I 'Acceptance of Proposal •-ISIELI FIIAmir I Client 5ignatunr 1! 41AfN LINE :1INNAMENIAL Date: /_�2021 <.Is4rcR; RnIINIJ,IL_:L POSIh1:1SIFR �_/' ,'_/ M?5T5 STF"ra PI�STS Signatu "RESPONSIBILM OF CLIENT AND PRIVACY FENCE, INC- Date: / �k 2023. Privacy Fence, Lm agrees tiove! es to guarantee ,e abrente to be free tm- del In wwk ancfllp ror one (1) )ear - (Not Inducted are: aHrn pnent dw to warping, SpYRlYMtl LN), ll9, S1rw&vl dredddN, or other changes In !brit drape of the wood)- M otm wananues came from manufacturer materal used under this contratf. R is remrm a ded that sealer be aDODed to the wood In apprmrnatety 96 days to help lessen wood wargng or tflecWg. Respons0lpty for mioyng with zone regulations and obt]Inaq am reqused Dn'nTVG stall rest with the client. Under w Circumstances does Privacy Flame, Inc aspAM any resyert ibaiy Ong properly Ines. If property prs cannot be located, T is recommended that the dlelt have the property surveyed. The dient wk defend Prfvaq Fence., Inc In Connection with any claims made W anyone about fhe IouUon of the fence. Prelacy Fence, Im vA assume the reso,—bliy, for having underpro r,d nubile utilities booted and marked. However. PrNwv Farce. Inc- amarre m mponabd y, for unmwkcd spender Rites Or any other wnnaWked wined Tares or ODleccs- the dint wS assurne ate I Wbalty For damages caused try directing PrlVaey Fenn, Inc. to dig in the i mrodlato vicinity d Ipr at •uramawn mot -A Any adnitlons or Changes made by tine then[ that requires am labor and matenal wit be added to the prim established on this dbntr act and .vll tow, doe and payable tO PrWW Fence, Inc. RVft of access and removal is wanted to Privacy Fen te, Inc. M1 the event of non-payrnerit ,:nder Ue tens d ,,. contract The dvvt agrees to my al interest and costs Incurred in Wledanq this debL $35-000 Returned Check Fee — — - 2 City of Fayetteville 2435 S Industrial Dr Fayetteville, AR 72701 O VENDOR 18784 Privacy Fence Inc 0 Privacy Fence Inc O PO Box 7582 DSpringdale, AR 72766 0 CO City of Fayetteville REPRINT PURCHASE r- 113 W Mountain St ORDER O FAYETTEVILLE, AR72701 NO. 2021-00000688 DATE 11/24/2021 DELIVER BY SHIP VIA CAN FAYETTEVILLE FREIGHTTERMS 1 40 ORIGINATOR Cody Ashworth RESOLUTION # PAYMENT TERMS 30 1.0000 Each Professional Services - Other - 2425 E Sharon St, Fence Repair 5400.720.4310-5311.04 (Insurance Self (Non -Vehicle Damage)) $9,840.00 TOTAL COST $9,840.00 AMOUNT VOIDED $0 00 .AMOUNTEXPENSED $0.00 'AMOUNT ENCUMBERED $9.840-00 ;AMOUNT DISCOUNTED $0.00 AMOUNT REMAINING $9,840.00 PAGE 1 OF 1 APPROVED BY SPECIAL INSTRUCTIONS $9,840.00001 $9,840.00 SUBTOTAL $9,840.00 SALES TAX $0.00 TOTAL DUE $9,840.00 A Clean Cut Lawn Care P.O BOX 1403 :P1D0'YD0 Farmington, AR 72730 479-856-9800 Follow Cis on Facobook @ A Glean Cut Lawn Care Invoice # Account # PO # 37555 To: City of Fayetteville 2425 Sharcn St. Fayetteville, AR 72703 Email: info@ ad eancutlawncare. corn Website: �wrr�.acleancul awrcare.com For: 2425 Sharon St., Fayetteville AR 72703 Period Beginning Period Endi 2/2/2022 2/2/2022 A CLEAN NY Invoice Date Payment Du 2/2/2022 2/2/2022 Payments Since 3/2/2022 0 Sub Total 61,60.00 Sales Tax 364.65 Invoice Total 6524.65 $6,524.65 recount Balance ❑atc I Description Qty I Price ! Total 2/2/2022 Landscape Installation 1.00 1414,00 1414.00 2/2f2022 Topsoil Truck Load 1.00 395.00 395.00 2/212022 Landscape Installation 1.00 250.00 250.00 2/2/2022 Sod Installation 1.00 756.00 753.00 2/212022 'oys:2 Sod 8.00 395.00 3160.00 2/2/2022 Sad Delivery Cha!ge 1.00 185.00 185.00 ihry ltt You - We Appreciate Your Business Frem: C'.ty of Fayetteville 2425 Sharon St. Fayetteville, AR 72703 Please detach and return botton' oortion With your payment Retain tcp portion for your records, To: A Clean Cut Lawn Care P.O. BOX 1403 Farmmingtcn, AR I 73C Ir.voice Number 37555 Invoice Due Date 2/2/2022 PO Number Account Balance $6,524.65 �!_�is_il'i? oalii'_i_�','_:iCi7rGi;ilVtli �_t�{1GCiFiG lil�tal�RZlOtly+lilt__ Page 369 of 402 Ashworth, Cody `O� j�lti�(7 An �% From: Rogers, Mark Sent: Tuesday, May 3, 2022 3:19 PM To: . Ashworth, Cody Subject: FW: Stanley Steemer - Order Invoice #147962 Attachments: imagejpeg; imagejpeg; imagejpeg attached From: Misty D Simpson <misty@starpedtherapy.com> Sent: Monday, April 25, 2022 11:20 AM To: Rogers, Mark <mrogers@fayetteville-ar.gov> Subject: Fwd: Stanley Steemer - Order Invoice #147962 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. Im sure you h ave this, but just in case..,.... ---------- Forwarded message --------- From: <no-reply@stanleysteemer.com> Date: Fri, Apr 22, 2022 at 2:25 PM Subject: Stanley Steemer - Order Invoice #147962 To: <misty@starpedtherapy.com> Keys Your home hrighl and healthy Yrith,Stantev 5Leemer Pmducts and raoular deaninns. r !C f STANLEY STEELIER FOR A CLEANER & HEALTHIER HOME - CARPET TILE & GROUT I HARDWOOD I UPHOLSTERY I AREA RUG THANK YOU FOR YOUR RECENT PURCHASE. SERVICE ADDRESS Simpson, Misty 2425 East Sharon Street, Fayetteville, AR 72703 Servicing location: Stanley Steemer Carpet Cleaner 699 Madison St Page 370 of 402 dID�J f,- INVOICE DETAILS Springdale, AR 72762 Service Date 4/22/2022 (479) 927-0909 Invoice Number 147962 Please remit all payments to: Customer Number 179073 Claim/P.O. Number Stanley Steemer Vehicle 426 Brady Stevens, Luis 699 Madison St Crew Acosta Springdale, AR 72762 Qty Item Description Unit Price Amount 790 Room Grout Seal (RM) all tile $0.29 $229.10 1 Std Area Tile Clean (RM) den, laundry, 2bt $99.00 $99.00 99 Std Area Tile Clean (99RM) hallway $0.50 $49.50 84 Std Area Tile Clean (84RM) 12*7 entry $0.50 $42.00 357 Std Area Tile Clean (357RM) living room 21*17 $0.50 $178.50 790 Std Area Santi-T 10 (790RM) sanitize $0.20 $158.00 1 Furnace/Air Handler Duct Clean (AHU) $800.00 $800.00 1 Return Vent Duct Clean 5 total returns $200.00 $200.00 1 Std Area Duct Clean 13 total supplies $105.00 $105.00 Subtotal: $1,861.10 Estimate: $0.00 Discount: $0.00 Tax: $170.31 Total: $2,031.41 Payments: Payment Method Amount Visa *2095 $2,031.41 Balance: $0.00 WARNING: Customer acknowledges being informed and that care should be taken in stepping and understands that carpet is damp during and after cleaning onto non -carpeted surfaces to avoid slipping and hereby releases Steemer from any and all liability for injuries which might t:sustained Stanley Ve as a result thereof. Page 371 of 402 �C45 1xN0-i� -)tat 30 • v� W (Misty Simpson) Carpets loose at seams or along walls or concrete Floors, or that have been incorrectly or defectively installed, are cleaned at customer's risk Carpets that have been exposed to pets may sometimes not be able to deodorize effectively Any questions regarding our workmanship must be reported within 10 days after completion of work or will be subject to a service charge at our option. Visa *2095 - Misty Simpson Customer unavailable for signature I HAVE AUTHORIZED THE SERVICES OUTLINED ABOVE AND UNDERSTAND THE CHARGES THEREFOR ARE DUE UPON THE COMPLETION OF WORK (Misty Simpson) his em3d was se•i• r. Stanley Stoemer Carpet Cleaner. an Independently owned and operated franchise dba Stanley Steamer@ Misty Simpson, MS, CCC-SLP Page 372 of 402 r U) W W Y V LU U I O Z Ln LO LL7 m J � IF a U Y U CD L U `nIle } L) CL) Q1 U m a : Z Y c aoi U o m c a) m c c — m 0 2 Q C Cl N a) al a) (n as J N C m r_ CN 1- 'c° m m2 N too Go C N U c m E tiN w m' o Z _CL J d i ic a`> E - E 3 Z O o rt m 0 L a a N C T R m a) o > m a O LL m z a c i � u � d c o (L` v d O a %a, G ar vt m m co a7 E o Ol o M � a` 2 0 N n C O IL � O O 0 o 0 0 LO 69 69 E a L ILLO C o E U U N m O m m w O a) m E a1 m a) m " O o chi n Z a v U) J 7 cl N Page 373 of 402 -if a.11 ENCINEERIN Hall Engineering, Ltd. stria „ ,l t>>s1.f �r; ,; nesrfjn, P.O. Box 241302 Constnwtio!! Co?1sulh;tio n Little Rock, AR 72223-1302 Tax ID#: 20-0427046 NWA/MO For questions about this invoice, call our billing line at 501.588.3355 -or- justin@hall-engr.com To: Simpson RE. 2425 E. Sharon St Fayetteville Invoices: Date 21-13951 12/2/2021 DATE DESCRIPTION UNIT PRICE TOTAL 11/27/21 Consult $550.00 $550.00 SEE BELOW FOR PAYMENT OPTIONS See invoice email for link to W-9 Grand Total $550.00 Payment Options: Always include invoice number with payment - Venmo ID is Justin-Hall-HEG (last four of phone # is 1369 for verification) - Cash app ID is $HallEngineering - Credit Card payments go here ------> https://secure.designpay.com/pages/hallengineering/payments - Paypal payments ID is paypal@hall-engr.com - Google Pay ID is Hall EngineringLTD@gmail.com - Checks: Please make Checks out to Justin Hall Payments later than 30 days may be subject to a $25/mo late fee. Arrangements can be made to pay through closing. Contact Justin at Justin@hall-engr.com for those arrangements. Please note that if this invoice is not paid in full that the bill will be sent to collections and the recipient of services will be liable for the collection fees involved with collecting the debt. Late payments may be subject to interest of 2% and collections fees. Page 374 of 402 QUOTATIONS FOR REPAIRS Page 375 of 402 6302 S. Wilkerrmon St Fayetteville, Arkansas 72704 Office (479) 441-9515 20FEB2023 Misty Simpson 2425 E. Sharon St. Fayetteville, Arkansas 72703 RE: 23-02201 Cursory Foundation Assessment and Proposal Dear Misty, Thank you contacting our licensed foundation specialist company to provide a foundation assessment on the residence referenced above. This report shall serve as our opinions as to the current foundation conditions and recommendations for repairs to be done. All references and recommendations are based the Non -Destructive Test (NDT) Methods and local building code by visual observations only. The visual assessment was conducted by Dr. Matthew Johnston, PhD, VP Operations and our International Code Council Certified Master Special Inspector (#8053368). The foundation was constructed utilizing a concrete continuous footing with ASTM C90 hollow stem concrete masonry unit (CMU) block for s foundation stem wall a minimum of three (3) courses tall with a concrete slab on grade for the top out. The concrete slab on grade should be a minimum of four (4") inches in thickness with at least 6"x6" wire mesh for horizontal reinforcement. The concrete should have been placed with a in minimum compressive strength of 3, 000 psi and all exterior concrete should have been placed with 3,500 psi concrete should have been core -filled by building code, with a four (4") inch concrete slab on grade. The footing should have been installed with a minimum of 18" in width and 18" in depth with 3,000 psi concrete and horizontal reinforcement consisting of three (3) #4 bars at equal spacing and cross bracing at 2'-0" O.C. Below shall serve as our opinion(s): Background It is our understanding that a 36" water main ruptured about 345 linear feet to the South of the rear of the residence on September 22, 2021; discharging close to multi -millions of gallons of water based upon local sources, neighbors and background research. This is not to be considered 100% factual as this is all second hand information as nothing could be found to actually determine the exact gallon quantity/flow of the discharge. O iniort s We are of the opinion the entire perimeter foundation should be underpinned due to flooding of the property as described above. The existing soils are classified as a Gravelly Clay with high plasticity indices. The Unified Soils Classification System (USCS) classifies the clays with plastic/liquid limits above 20/40; meaning the soils will shrink and swell with limited moisture introduced.. This is known in geoteclinical enginmring as "linear shrinkage" and can be tested by performing an Atterberg Limits test according to ASTM D4318 Page 376 of 402 2. We are of the opinion the interior concrete slab on grade should have a lightweight/high density polyurethane foam injected through the slab to consolidate the unconfined sub- surface soils and to stabilize the concrete slab on grade. 3. We are of the opinion the existing concrete slab on grade consisting of the rear patio and the driveway is displaying differential soil settlement. The rear patio will require replacement (at a minimum) to install the rear foundation piers (underpinning) Reconrrnendation(s) 1. We are under the recommendation the perimeter foundation should be underpinned to provide stabilization by the installation of up to (6) hydraulic pressed steel piers consisting of 2 7/8" @ 0.25" wall internally sleeved with a 2 3/8" @ 0.25" wall pipe while supporting the footing and the foundation stem wall with an engineered bracket to bedrock/soil bearing strata (whichever occurs first, providing bearing pressures greater than 3,500 pounds per square foot (pso which may result recovery and crack closure (which cannot be guaranteed) The cost of the foundation stabilization is estimated at $32,000.00; 2. We are under the recommendation the interior crack in the slab on grade should have 4 lbs/ft3 polyurethane foam injected beneath the slab to for soils stabilization and potential lifting of the concrete. The cost of the interior stabilization is estimated at $16,000.00; 3. We are under the recommendation the driveway and rear patio will have to be replaced. The cost associated with this replacement is $13,200.00 The total cost of the foundation stabilization and replacement of concrete as required for the installation of piers and differential settlement is $61,200.00. CONCLUSION We are of the professional opinion the existing issues will continue to worsen over time due to the existing sub -surface soils providing bearing to the perimeter footing. PFS Inc. reserves the right to adjust the pricing based upon current market value. Yricing is valid for 30 days from the date of this survey. Below are some specifications for minimum construction standards that are referenced for our cursory surveys. International Residential Code (IRC) Section R301.1 Design (Comment: The code requithat buildings and structures have adequate srequire that to support the loads and forces without exceeding the allowable stresses on any element) Section R301.5 Minimum Unifurin Live Loads (Comment: The code requires that the minimum live loads be not less than the minimums established by the code) Section R301.7 Deflections (Comment: The code establishes standards for the deflection of members) Section R401.2 Foundation Construction (Comment: The code requires that the foundation construction be capable of accommodating of all loads. Structural fill can also be utilized with appropriate engineering design.) Section R401.3 Drainage (Comment: The code requires that surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm.) within the first 10 feet (3048 mm)) Section R403.1.4 Minimum Depth (Comment: The code requires that the bottom of foundations extend below the frost penetration level, but not less than twelve inches) Page 377 of 402 Section R403.1.8 Expansive Soils (Comment: The code requires that foundations in expansive soils be designed for that condition) ASTM C1754 Standard Test Method for Density and Void Content of Hardened Pervious Concrete (Comment: The code requires for the concrete to be free of porosity and consolidation by vibratory screed methods, not hand vibration) All opinions and references are in accordance with the International Code Council, the International Residential Code and the Arkansas Fire Prevention Code as it pertained to the minimum specifications as required by local building codes. This professional opinion was based upon a cursory examination of the crawlspace construction materials visible at the time of examination an this specific day within the, given range aje•nviratunental factors an the date of this report above. Other opinions could perhaps be developed as the result of it technically exhaustive engineering design by a licensed engineering firm. Such a study could involve several hours of information gathering at the site, laboratory/ testing, research, and engineering analysis; involving a substantially higher fee (begbuning at ($1,500.00). 77eis cursory survey should not be construed as a guarantee or warranty of any kind in the construction ntethods utilised This professional opinion is for the sole use of the Precision Foundation: Specialists Inc's (PFS inc.) client and is the intellectual property of PFS Inc. Client will defend, imlent nify, represent and hold harmless PFS, lun from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in this document. No release without having obtained PF5, Inc's written consent prior. PFS Inc. does not authorize client to share this information with competing companies. Unauthorized rise is will be punished by to the full extent of the law through all legal avenues. By release of this report all parties promise to in indenenify, represent and defend any and all elaints for any damages claineed by others in tlw use of this report including loss of real estate contract. Liability is limited to the fees for the services provided Thank you far calling upon PFS Inc. for this service. Respectfully submitted, Precision Foundation Specialists Inc. By: b!^. AA&ff MA-a7 ;,_PGA. b; C/O Pr-S 1?W Dr. Matthew Johnston, PhD., ASCE, CSE CSI PRECISION ra _ - FOUNDATION "= W :SPECIALISTS INC c_ %V eK NOr.=UiIIC: 4 Page 378 of 402 AiVEST/ Foundation Solutions Project Summary Lift and Level Permanently Stabilize Foundation Prepared by: Billy Clark bclark@vestafs.com VESTA Foundation Solutions www.vestaofarkansas.com TF 479-424-1188 O Arkansas Admin 2021 Prepared on: 7-21-23 Prepared for: MistySimpson misty@starpedtherapy.com P (479) 283-5121 Job location: 2425 E Sharon St Fayetteville, AR 72703 TotalInvestment........................................................................................................................... $44,816.75 SameDay Coupon........................................................................................................................... $2,240.84 Total Contract Price......................................................................................................... $42,575.91 DepositRequired -25%................................................................................................................... $10,643.98 DepositPaid......................................................................................................................................... $0.00 Amount Due Upon Installation........................................................................................ $42,575.91 Customer Consent Any alteration from the above specifications and corresponding price adjustment (if necessary) will be made only at the Customer's request or approval. Completing the work in this Proposal at the time scheduled is contingent upon accidents or delays beyond our control. This Proposal is based primarily on the Customer's description of the problem. This Proposal may be withdrawn if not accepted by the Customer within 10 business days due to prices being subject to market fluctuations. Authorized Signature Date Acceptance of Contract— I am/we are aware of and agree to the contents of this Proposal, the attached Job Detail sheet(s), and the attached Limited Warranty, (together, the "Contract"). You are authorized to do the work as specified in the Contract. I/we will make the payment set forth in this Contract at the time it is due. I/we will pay your service charge of 1-1/3% per month (16% per annum) if my/our account is 5 days or more past due, plus your attorney's fees and costs to collect and enforce this Contract. NO VERBAL COMMITMENTS AND PROMISES ARE EXPRESSED OR IMPLIED OUTSIDE OF THIS WRITTEN DOCUMENT. Customer Signature Customer understands VFS is not liable for damage caused by lift. Customer understands original position may not be possible. Date Initial Initial No Co nere�te \k) n)LL- VESTA Foundation Solutions Job Location 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 Page 1/7 7-21-23 (5) Page 379 of 402 Job Details VESTA Foundation Solutions Job Location Page 2/7 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 7-21-23 (5) Page 380 of 402 Job Details (Continued) Specifications 1) Install PolyLEVEL as indicated on job drawing. 2) Install Push Pier(s) to support the foundation as shown on job drawing using a standard bracket. Final Location of pier(s) is subject to field conditions. Footer will be prepared by notching the concrete to seat bracket. External sleeve will be installed to re -enforce the pier system. The friction reducing collar will be utilized to ensure proper depths and load testing. Once complete the pier will be locked, benchmarked, and documents. Load testing and depth logs to be delivered upon completion. 3) Excavate the soil at each pier location to the footing. Backfill and tamp soil after the system is installed. 4) Remove and replace concrete as indicated on job drawing. Contractor Will 1.) Remove and replace concrete as necessary in the workplace. Concrete will vary in color from what is existing. 2.) LIFT IS ALWAYS ATTEMPTED BUT NOT GUARANTEED. Every house or concrete fixture responds differently. 3.) Attempt to lift the foundation, but is not responsible for cosmetic damage that may result. 4.) Install dates are given but can be changed for circumstances outside of Vesta's control, such as weather, or equipment failure 5.) Install piers to any depth necessary at no additional cost to the customer. 6.) Benchmark the foundation and provide depth logs to customer when complete. 7.) Inject POLY Level foam on the inside of each pier to ensure settlement does not occur inside of the home. 8.) Coordinate to have utilities marked. 9.) Vesta can not guarantee that cracks will close either inside or outside. The customer is responsible for tuckpoint on exterior brick, or drywall interior cracks. 10.) Consult the customer if additional work is needed. This could be true if while doing work the production team comes across additional areas of concern that were not previously noted. No additional work will be done without the consent of the customer. 11.) The landscape will be disrupted. Vesta is not responsible for replacement. 12.) Remove and replace concrete as necessary in the workplace. Concrete will vary in color from what is existing. Vesta is not a concrete finisher therefore the texture will be different. Customer Will 1.) Move items out of the work area space. If items are not moved and the production crew has to move items, the customer will be charged accordingly. If the job has to be rescheduled because items are not moved, the customer will be charged $750.00 2.) Have flooring repaired or replaced once the project is complete. 3.) Remove carpet. 4.) Mark any private lines that may be hidden underground, and assumes all liability if damage should occur to such lines. 5.) Be available at START and FIN ISH of the project for a walk-through with the Foreman. This is intended to provide any changes needed for a successful installation. 6.) Customer will have HVAC duct lines in slab scoped and mapped prior to installation by third party provider. 7.) Call prior to 10 days of install date if rescheduling is necessary. If customer calls within those 10 days prior to installation a $750.00 rescheduling fee can be applied. 8.) Be responsible for any replacement of landscape. VESTA Foundation Solutions Job Location Page 3/7 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 7-21-23 (5) Page 381 of 402 Job Details (Continued) Additional Notes Underground lines that cannot be located may be subject to damage during excavation. Vesta is not liable for damage to underground hidden lines that may be damaged. Customer understands to move personal belongings away from work area prior to installation date. If items are not moved then the project will need to be rescheduled and subject to a fee of $750. The design of your system may be subject to change based on field conditions but is not limited to movement of product or possible additional products to help correct the issue. Customer understands that VFS will attempt to confirm installation date and time 10 business days prior to installation. If we are unable to confirm the installation date, the project will need to be rescheduled and subject to a fee of $750. Jobs with multiple services are subject to payment of each service upon completion of that service Product List Llft and Level Polyl-EVEL........................................................................................................................................ 3 areas Permanently Stabilize Foundation 3" Push Pier, Standard Bracket..................................................................................................................... 29 PierExcavation, 0-5'............................................................................................................................... 29 ft ConcreteR & R, Per Pier.............................................................................................................................. 4 Lift and Level - Areas Area Title LxWxD Lbs Location Notes Back patio/sidewalk 25x10x1 80 Back Patio and sidewalk have settled Lifting Interior bedroom floor 16x16x1 82 Other Bedroom floor slab has settled Lifting (Indoo-) Kitchen floor 10x16x1 51 Other Kitchen floor has settled Lifting (Indoor) VESTA Foundation Solutions Job Location Page 4/7 13241 Puppy Creek Rd Suite 21-27 Springdale AR 72762 2425 E Sharon St Fayetteville AR 72703 7-21-23 (5) Page 382 of 402 t l 'ore �h '�. _. -.... ..•st',r � I - 1J,J.�f �._M- �. I• C ti41� =�.•� CONTRACT AORFEMFNT EART14 - her osIm m4wmd to w dw 'CONMACTOR• NM ���'_1[]�,�y) hr.Yherher n1MrMf b as'Ow7iER'. Nnba.aa,a cm"..-7 `.' cw»Uv~ to M nwYnl And 0!aYtiM1AMG,1 t�br* I~ In�tlfN1 Can toad br " 600—'COrRRACTOIY and "(PAN R' who w.neve r er hNshe a ar Ill. nvmer ehs R— and hello ties aw right Will ftuftw y to cennInc aq aaanralwf wok deNUMMI taahw, .nor do hereby •O'er An Ilwvw I DESCMI T)ON Of TM WORK rose ►ERMAMM eY CONTRACTOR: 36ExariuPie _IMarlornr.t _Pup" Pat .--0Wr9s Fxea'horWas Inlarbn fM.s Dues _ tv" nA Rath , FrtftrW D-p Drain _. k,leM floor Drab — .lane Pura _ _ sbch- p Pw-v — SWAM Orson � ppory syaA" — Wns AaarrJ"M _ nuparxl asset Work shoe be O 00rad H -10 days Canbasor" rrnpve and heal awes Mt oonsttudbn an*. r+s'a tepon d.bM craft trash I1an1 aw Rerrlse► Cords, for over h.rlerh as neosasay eputpmsrv. rneW W and suppo" end pwrnnn and rnmprola no labor And sonnom In A good watlmatAke m.nra, Ca trace" wu- rants eat the Company Is awtaed, NO OuaYaed to psrkvm and ct:mp ets the anovedmenbed work. AA the above d.*crbod CCrwtntben, v 1nitstlon, and work n prsaurmW tv vrlprove and a rlancs ew value d the property and At tabors and melonal, hmsshnd try Contractor stun bsmfv part of the Corner's rear cavperty. a PFXE AND PAYMENT SCHEDULE. V.M coal to the mawr for tf o &Wva6esrcbed wot'c .Tr i . of which 3 Is due upon &=Wv oo of an contract. $whan work bagtns, grid S _ on ccntpbbon. Any any Y Wlkirg poet b. lreren fees. I• specbm Aces Ly govommsntal agency Muni hg, hid not smaed to the Cayt31ale of , 511.4 be paid by Conv.a.v In ohs &—M , line Owner's taeuu to p'anpcy Pay ConOacfa punsi" to this pgrnerri adwduk, L) nw "be aaUe for any and tl cbaectan fen rr..WOrvf anarnv`!: tines. It the Ifu>fl and wrlwce l a a nfechenka' ern wWor o1Mr bpd Ianhe6er aved" in the Contractor to enforce this Contract Ill. MODIFICATIONS AND CHANGES: Any Cluargsa or varlahms from the abo-m dew.ptlms and spedg=Oo n In this Contract irwtmg exba mats w ri Do bvfdvfg and eiscu*d only m 1"r". signed by all Part" and shell ins an extra &Argo, over and above the Cortlned pace M DISCLAIMERS: t. Con"dor wig bake great care for plants and shrubs larnporsrey, rhtnhovsd for work to be partomwd. At plants wA be mplarKed by Con- tractor but ill not be responsible for 11fo or longavity. 2. Contractor will attempt to stop any water inuuslon caused by work performed, but will not be responsible for any water damages caused to any Items or obods uakde of tlro foundation system 3. Any damage to the slrudum or uW'ales caused by the Contractor as . result of negligence or accident val be repaired by the Contractor. Lifting a structure can cause some co3mauc damage. such as cracks In sheet -rock, cbncrata and other rigid materials. Therefore, damage reeudng from Ming the structure as called for In the Agreement will not be the mspons"lity at the Contractor. C The warranties cover the performance of systems insfeled by the Contractor Piecing Systems cover stabilization only. Contractor will achieve UR recovery as structure allows. 5. This Contract is contingent upon there not being any'unfavomblo delays' that shad be mrplrued to mean delays due to strikes, Iocko &, acts of God, Inabddy to obtain labor or materials, governmental restrictions, ertemy or terrorist action, dvii condition. Am. unavoidable casuaty or similar cause beyond the control of Contractor. V. N0710E TO OWNER: FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THE CC TRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH 19 THE SUBJECT OF THE CONTRACT. TO AVOID THIS RE SULT, YOU MAY ASK THIS CONTRACTOR FOR A'LIEN WAIVERS' FOR ALL PERSONS SUPPLYING MATERIALS OR SERVICES FOR THE WORK DE- SCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR THE LABOR AND MATERIALS TWICE, VI. COUNTERPARTS: This Contract may be executed In counterpart, each of which Mall be deemed an original but al of which logatlher shall constitute, on and the same Contract. WI. ENTIRE AGREEMENT: Thus contrad constitutes ftte entire understanding and agreement between tea Carntredor and Owner wth regard to al meters here- in. There are no other agreements, condlons, or represeMalion, oral or written, expressed or Implied, with regard tMrelo. The Contract may be amended only in writing, end signod by both Contracia and Owner. VIIL 131INDINGEFFECT: The provWons of 11" Conlred Shag be birift upon ecceplango by Contractor and Ownw and their raapectve a ccesson and esatgns- IX GOVERNING LAW: This Contract"be censVired and er forted in accotdante wah the laws of ter Stab of ArMnsaa. X. ACCEPTANCE: We have read and and agree to the lemma eM condition" of title (Ore n forte above. NDOe 1Tda trod Aryaement'BID' may drawn by us If not accepted twthin �1L days. O.Wtor QL-oW (0d I goo i Page 383 of 402 Fanning Construction RECIPIENT: Misty Simpson 2425 East Sharon Street Fayetteville, Arkansas 72703 Phone: 4792835121 'L1_.r Sent on May 3! 11,, =3 LJaL1 11 UU1II uemo and Remodel 1 $5,950.00 $5, 950.00 Bedroom Flooring 1 $4,725.00 $4,725.00 Marble Shower 36"x59"x88" Pan, walls, trim, & soap dish ' $5,400.00 $5,400.00 A 30% deposit will be required to begin. &a ue FO"" U`,wSu c,i Jun 07, 2023 Date Client Signature This quote is valid for the next 30 days, after which values may be subject to change. Total $16,075.00 j Page 384 of 402 Bath Makeover of Arkansas 8215 1-30 West Suite A Little Rock, AR 72209 US + 1 8005164214 ADDRESS Misty Simpson 2425 E Sharon St Fayetteville, AR 72703 ACTIVITY DESCRIPTION Shower Replacement Demo of Existing Bathtub, Inspect Plumbing, Treat Mold and Mildew, Haul off Debris 58 x 34 Biscuit Shower Base Horizon Beige Standard Wall System 4x Single Tier Shelves (Black) Matte Black Fixtures Universal Shower Head Double Sliding Clear Glass Door Flooring (Labor Only) i fiYfiYr4�lfifiYYYxfiMi*Yrifi**jai**!}�rfiRrr#Y*YYYY*YYifii•##*:rrr Discounts Applied Spring Into Savings Event $1000 off Installation $200 Senior/Military Discount $200 Target Gilt Card rsrirrrrrfi,erw+irr*r*sr►rrrr.rrrrrasrr*rr**�,**ri**i**r*x**ira Added Value 5 Year Workmanship Warranty Acrylic Lifetime Warranty Taxes included. Wants Target Gift Card Accepted By Zk Al — Bath Makeover NO of Arkansas QTY RATE AMOUNT 1 13,400.00 13,400.00 1-1,200.00-1,200.00 7 0.00 0.00 TOTAL $ 1 2,200.00 Accepted Date THANK YOU. Page 385 of 402 Mac Residential Services LLC 1905 Town West Dr Rogers, AR 72756 mmacleay@hotmail.com macresidentialservices.com iv E - ;ate ADDRESS Misty Simpson 2425 E Sharon St. Fayetteville AR United States AR 72703 START DATE ON (OR AROUND) July 24 Sales Onyx Collection Shower: 1) Demo existing tile shower and dispose of all job -related debris. 2) Apply necessary mold inhibitor and clean studs, concrete, and walls to address mold. 3) Repair wood and interior wall board damaged by water intrusion. 4) Install new moisture -resistant drywall. 5) Provide and install Onyx Collection shower kit (60x34" pan, walls, shower caddy, and door); color is TBD. Sales Bathroom drywall and flooring: 1) Remove and save for reinstall bathroom vanity, top, toilet, and mirror. Demo existing drywall approx. 4 feet high around the bathroom. Demo existing tile floor and window. 2) Clean all mold and treat with mold inhibitor. 3) Reinstall drywall, finish, texture, and prime. 4) Provide and install new luxury vinyl plank flooring including baseboards. 5) Provide and install new window to replace moisture -damaged unit. Provide and install appropriate trim. 6) Reinstall vanity and top, mirror, and toilet. Sales Bedroom flooring: ESTIMATE # 1711 DATE 05/14/2023 APPROXIMATE INSTALL LENGTH 12 Days 1,600.00 7,600.00 4,500.00 4,500.00 3,400.00 3,400.00 Page 386 of 402 +,u 1) Demo existing laminate flooring and baseboards in master bedroom. 2) Provide and install necessary underlayment in master bedroom. 3) Provide and install luxury vinyl plank flooring in master bedroom. 4) Provide and install painted baseboards in master bedroom. Sales Drywall ceiling repair: 1) Repair drywall cracking that has occurred on the ceiling area of the master bedroom, hallway, and front entry that has occurred due to movement caused by water damage. Accepted By 1,950.00 11950.00 TOTAL $17,450.00 Accepted Date Page 387 of 402 NWA Creative Spaces Lic ESTIMATE Kevin Fronterhouse EST0218 Business Number 479-530-4767 DATE 25 Wallin Mountain Road May 4, 2023 West Fork, Arkansas, 72774 TOTAL 479-305-4631 USD $10,088.90 www.nwacreativespaces.com kfrontin20ll@gmaii.com TO Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@starpedtherapy.com DESCRIPTION RATE CITY AMOUNT Remove old retaining wall in back of fence $425.00 1 $425.00 Remove old retaining wall in back of fence and haul off. 425. Move shed. and re form foundation Move storage shed and Grade out soil underneath. put back in place and stand up on shed foundation blocks. $1,500.00 1 $1,500.00 Foundation blocks. 90. run treated 2x4 in slots in blocks and screw shed skids to them for support. Remove bad soil ie day from back yard. $2,820.00 1 $2,820.00 Remove bad clay soil from back yard. re slope yard for proper drainage. Appx 6" bad soil. Appx 36 to 48 cubic yards bad soil. Including haul off. Add one load topsoil back $1,475.00 1 $1,475.00 blade out one load topsoil to back lawn. soil 425. Machine and hand work.1050.14 Sod back yard with fescue sod. $2,400.00 1 $2,400.00 6 pallets fescue sod. 2100. delivery 300. labor laying sod. $650.00 1 $650.00• SUBTOTAL $9,270.00 TAX (9.5%) $818.90 TOTAL USD $10,088.90 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs Page 388 of 402 NWA Creative Spaces Lic Kevin Fronterhouse Business Number 479-530-4767 25 Wallin Mountain Road West Fork, Arkansas, 72774 479-305-4631 www.nwacreativespaces.com kfrontin20ll@gmail.com TO Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@starpedtherapy.com DESCRIPTION Side and front yards except west side of house. Blade off excess soil appx 3 inches and haul off. Front and side yard. remove appx 11 yards of old soil. one truck load. Fescue sod front and sides. 5 pallets. 1750. delivery 250. Labor installing sod. SUBTOTAL TAX (9.5%) TOTAL RATE QTY $1,460.00 1 $1,975.00 1 $600.00 1 ESTIMATE EST0220 DATE May 4, 2023 TOTAL USD $4,361.33 AMOUNT $1,460.00 $1,975.00 $600.00• $4,035.00 $326.33 USD $4,361.33 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs. Page 389 of 402 FAY -ARK Fay -Ark Lawn Co. LLC LAWNS 155 Whitney Lane I Farmington, Arkansas 72730 4799666409 1 office@fay-ark.com I landscapefayetteville.com RECIPIENT: Quote #91 Misty Simpson sent on Jun 14, 2023 2425 East Sharon Street Fayetteville, AR 72703 Total1 :' -•� • QTY. UNIT TOTAL: PRICE Landscape Projects Remove 3 wooden decks, and haul away. 1 $19,472.34 $19,472.34 Dig up and haul away approx. 4-6" of soil that washed into yard from water leak. Install approx. 4" of sifted topsoil in the backyard. Grade lawn properly to drain to the south side of backyard (into back drainage ditch) Install fescue sod in the entire backyard. Move shed to remove soil from water leak, then reset shed on cinder blocks in the southwest corner of yard (where it is sitting currently) Remove approx. 4" of soil in front yard (west side 1 /2 of front yard), then install topsoil, and seed/straw those disturbed areas. Cleanup brush/debris on west side yard. Haul away all debris cleaned up. A deposit of $10,685.45 will be required to begin. This quote is valid for the next 10 days, after which values may be subject to change. By signing this quote you have agreed to the terms and conditions attached. Signature: Date: Subtotal Sales Tax (9.75%) Total $19,472.34 $1,898.55 $21,370.89 Page 390 of 402 Gmail Bid 1 message Joel Scott <jmsenterprisesofa r@gmall.com> _ To: Misty@rfarpedtherapy.com Good afternoon I am awry but I am unable to bid on your project due to: 1. Concern about damaging the roots of uie larg_ pine trees during excavation 2. Concern about proper eradication of fungus/mold on current soil I appreciate you thinking of us and hope we can work together on a future project. Joel Michael Scott The Lillian Co. LLC License No. 0409410122 landscaping, maintenance and home repair 479.966.7334 https:/A ww.therylllanco.corV yc"f-d N" 5; J Miaty D Simpson 'cmisty®starpedtherapy.rlom> Fri, Jun 9, 2023 at 3:69 PM Page 391 of 402 PRIVACY FENCE. TNV, i' '1//s1�3� ESTIMATE: T W T F S PO Box 7S82 INV* 23- 0952 Date: - 2023 AM / PM Springdale, AR 72766 AR Contractor Llaeroe # APPROV DATE: __--_J_/2D23 Office: 479-751-7894 D3562UTnXn[E52 APPROX START: ��_� 2o23 PrivaUFenceNWA&g . An AwG 1>Hrt1.5 C4RWLi Q„-41VUE C13X aoilreODUM CONTR A LIST C9RN proposal J Invoice GTE' LC OZC.O OtARIt NC'r S)rYEPOD WS REF ' MET NU REF site+ scant ya ARKUPS: ! AM / PM Client: ]J' 1ISr. �';rarry.G,�� Email: _Mt�7"� vS-P-f— eo(--�iergp Address: a40s E. /-O"-j C> jju, A e- Phone: l.(11- I Cl TREES/BRUSH Q HILLSIDE % p (� �` /... �s0 tip B� t,"✓� L' �Wv.J)'S.�l 6 ._ 64 �� ❑ ROCKY b (J i P�ssu,r WATER AVtdL4SLE 'A ®" 0,2' OFF (� OUND 1 etsE+ Q r�5 EL>=C TUCTTY NOT- oSB- t AVAILABLE ❑ FENCE S 3 OFF GROUND>2" 7T �" rt rst't 1>t— — ❑ FINISHED Jili SIDE OUTSIDE LI FINISHED' "" "� �q� �IvS jj•jD2tti SIDE INSIDE Z WmiL 4D &%I'- O DOGS"' "PRESSURE TREATED RAILS AND POSTS USED UNLESS OTHERWISE NOTED ON THIS PROPOSAL* FE TYPE Pl ETS HEIGHT FOOTAGE BOARD We propose to furnish material and tabor, TO BOARD CI PRESSURE -TREATED PINE 4FT/ 5FT .6FJ ;L;1L( 9� with the included specifications r e sum ❑ SHADOWBOX ❑ EASTERN CEDAR 4FT / 5FT/ 6FF OE ❑ BOARD ON BOARD ❑ WESTERN CEDAR 4FT JSFT/ 6FT CHECK/CASH PRI 5 7 3 4 ❑ ORNAMENTAL IRON ❑ MAJESTIC (SMOOTH TOP) CREDIT CARD PRICE; $ 2 RAIL ❑ CLASSIC (PINCHED PICKET) 4FF / 5FT / 6FT YfSA 3 RAIL ❑GENESIS (EXTENDED PICKET) (3.S% processing fee applicable) ❑ CHAIN LINK GAUGE TERM POSTS yAx; $ NIA GALVANIZED VINYLCOATED LINE POSTS 4FT/5FT/6FT DEPOSIT.• 5 �` BLACK GREEN BROWN TOP RAIL • TEAR OUT footage 3') ��f"/�� �%L�+ B.,L UPON COMPLETION $ tI TV k� He�helpsV-ow v v AN P(S 727 Mj' 11 O HAUL OFF footage OTHER:/\ f �VOUBLEGAT SINGLE GATES; PTS 1 lyPaY❑WOOD FRAME E STEEL FRAME iorVourpro� VWtoutwebdteof Scan the QR code below O CHAIN LINK ❑ C IN Ill htto:UPrivac4Fe t�rNWA corn ❑ ORNAMENTAL 13,15RNAMENTL Optional: Y / N - PostmasterSteel Posts, add to total $ Y J N Galvanized Steel Gate Frames, add to total $ 'Acceptance Client Signature: PFI Signature: of ProposalDate: / /2023 Date: r% / l /2023 INC* Privacy Fenix, Inc. agrees toridindnw xfuded are: aRgmoem due to warong, %pitting, twtong, shbeaM , di lD the, or In; be applied In the wood kt � used under this contract It Is n!taFnrnerdcy Vat sealer —�- p ie chased by ads of God, wee", InWen4U Rponskb ming yin responSbNlry mnrrrtrnrg Ixs no drnuru-twrrrs dots PiNncy Fence, Inc assnrne orry iry c nc vt > survet'M. The cilent WE defend PAwy Fmtr.., vie fence. Privacy Fence, Inc. wld ass ur r 11 rNaq Fence, Inc asunws no res7oreAY y for unmarked wrinkle lines w any other l•! i� r( `. t r-tny Privacy Fence, Inc to"in the immediate vktnrty v `•+ v An) additfora or dtengas wn ewe tt* �p2�t and wll boeLnfi dug and p7/3bk to Privacy Fenn, Inc,i 1 the Lens or the dontram The client agrees to pay all Page 392 of 402 Fanning Construction RECIPIENT: Misty Simpson 2425 East Sharon Street Fayetteville, Arkansas 72703 Phone: (479) 283-5121 Labor labor charge includes demo, rebuild, back patio 1 a build, and haul off/cleanup. $9,226.35 $9,226.35 Materials Materials needed for demo & construction. 1 $5.575.63 $5,575.63 A 30% deposit will be required to begin. Job consists of demoing 10x20 patio cover & rebuilding, building a 10x20 deck attached to front of bedroom. 30% deposit will be required to began. This quote is valid for the next 30 days, after which values may be subject to change. Signature: Date: Total ! $14,801.98 Page 393 of 402 CJ 1IKNIt Kevin Frontertrouce EST0219 Business Number 479-530-4767 DATE 25 Wallin Mountain Road May 4, 2023 West Fork, Arkansas, 72774 479-305-4631 TOTAL www.nwacreativespaces.com JSD $8,61765 kfrontin2011@gmail.com TO Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@sta rpedtherapy. com DESCRIPTION RATE QTY AMOUNT Back pergola torn down and hauled off. $970.00 1 $970.00 Totally remove back pergola. Dump fee 250. labor 820. Install new patio on top of old concrete patio. S3,000.00 1 $3,000.00 200 sq ft. New Pergola $3,900.00 1 $3,900.00 New cedar 10 x20 It, made of cedar pergola with clear top drained away from house with gutter in front. still have to clear this price could be more or less. $0.00 1 $0.00 SUBTOTAL $7,870.00 TAX (8.5%) $747.65 TOTAL USD $8,617.65 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs. Page 394 of 402 PTVV^ �IP01,Wb LIL; ESTIMATE Kevin Fronterhouse EST0219 Business Number 479-530-4767 DATE 25 Wallin Mountain Road May 4, 2023 West Fork, Arkansas, 72774 479-3D5-4631 TOTAL www.nwacreativespaces.com USD $8,617.65 kfrontin2011@gmaii.com To Misty Simpson 2425 E. Sharron St. Fayetteville 479 283 5121 Misty@starpedtherapy.com DESCRIPTION RATE QTY AMOUNT Back pergola torn down and hauled off. $970.00 1 $970.00 Totally remove back pergola. Dump fee 250. labor 820. Install new patio on top of old concrete patio. 200 sq ft. New Pergola New cedar 10 x2O ft, made of cedar pergola with clear top drained away from house with gutter in front. still $3,900.00 $3,900.00 have to clear this price could be more or less. $0.00 $0.00 SUBTOTAL $7,870.00 TAX (8.5%) $747.65 TOTAL USE) $8,617.65 Creative Spaces is licensed and insured to perform duties listed above. All work will be performed in a timely and professional manner using top quality materials. Half payment due upfront to cover material costs. Final payment due upon completion and client satisfaction. Includes all material tax and labor tax. 3 percent added if paid with credit card. Estimate is good for 2 weeks as material costs is constantly changing. Any changes to contract may incure additional costs. r L Page 395 of 402 Prepared For Misty Simpson 2426East Sharron st. Fayetteville, AR Description Estimate Date 05/17/2023 Remove back roof over concrete slab 8.haul off debris. Frame old slab & pour slab on top, Pennington Home Repair &Remodeling 479-601-6100 14485Elkhorn Springs RO Fayetteville, AR 72704 Estimate Number 51624 Reference 2425E.Sharron ot. Build new 1O'x20 cedar pergola. Install clear corrugated roofing panels, install gutter on the pergola on the low side. Rate Oty Line Total $1.500.00 1 $1.500.00 $4,000.00 1 $4.000.00 Subtotal 10,250.00 Tax 0.00 Estimate Total 8JSO\ $10.250.00 - 11 -V� Notes Thank you, Michael Pennington w ' Terms Page 396 of 402 he rot on the overhang from the pilar sinking that holds it up. I can get more photos if you need. Shows the fence being on top of garden beams Page 397 of 402 ,- � StateFarm October 25, 2021 Jan Phillips Insurance Agency, Inc. 3612 W Sunset Ave Springdale, AR 72762 RE: Misty D. Simpson 2425 E Sharon St Fayetteville, AR 72703 Policy Number 04-BE-13130-01' This is to inform whomever it may concern that Misty D. Simpson does not have a flood insurance policy with this agency. Furthermore, her homeowners policy with State Farm includes the following exclusion: c. Water, meaning: (1) flood; (2) surface water. This does not include water solely caused by the release of water from a swimming pool, spigot, sprinkler system, hose, or hydrant; (3) waves (including tidal wave, tsunami, and seiche); (4) tides or tidal water; (5) overflow of any body of water (including any release, escape, or rising of any body of water, or any water held contained controlled, or diverted by a dam, levee, dike or any type of water containment, diversion, or flood control device); (6) spray or surge from any of the items c.(1) through c.(5) described above, all whether driven by wind or not; (7) water or sewage from outside the residence premises plumbing system that enters through sewers or drains, or water or sewage that enters into and overflows from within a sump pump, sump pump well, or any other system designed to remove subsurface water that is drained from the foundation area; (8) water or sewage below the surface of the ground, including water or sewage that exerts pressure on, or seeps or leaks through a building structure, sidewalk, driveway, swimming pool, or other structure; or (9) material carried or otherwise moved by any of the water or sewage, as described in items c.(1) through c.(8) above. However, we will pay for any accidental direct physical loss by fire, explosion, or theft resulting from water, provided the resulting loss is itself a loss insured. Page 398 of 402 Please contact us if you have further questions regarding this matter. Sincerely,_ 1 Jan Phillips Agent 479-756.3505 lan.phillips.b2y6@statefarm.com Page 399 of 402 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 8, 2023 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Les McGaugh, Purchasing Director DATE: August 7, 2023 SUBJECT: Rental Equipment Procurement Procedure RECOMMENDATION: 2023-1005 A resolution to waive competitive bidding for the procurement of rental equipment from various vendors in excess of $35,000.00 annual City-wide aggregate spend but require 3 written or published quotes for each needed rental. BACKGROUND: City Policy requires the Purchasing Division to competitively solicit purchases that exceed $35,000.00 with the same vendor for like or similar goods and services. Various departments use equipment rental vendors and they are unaware of other departments usage, and as a result, it is difficult for each department and Purchasing to verify and maintain compliance. DISCUSSION: With the nature of rental equipment being of unknown variables such as size of equipment, duration of rental, and equipment available at time of need, the City is not able to practically and feasibly solicit rental equipment. Purchasing recommends applying quote thresholds by department at time of need, rather than aggregate spends annually City Wide. BUDGET/STAFF IMPACT: This is a process change. Each department is responsible for their own budget for equipment rental. ATTACHMENTS: SRF - Rental Equipment Procurement Procedure Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 400 of 402 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-1005 Rental Equipment Procurement Procedure A RESOLUTION TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE THE PROCUREMENT OF RENTAL EQUIPMENT FROM VARIOUS VENDORS IN EXCESS OF $35,000.00 BUT TO REQUIRE AT LEAST 3 WRITTEN OR PUBLISHED QUOTES FOR EACH RENTAL WHEREAS, City policy and state law require the Purchasing Division to competitively solicit purchases that exceed $35,000.00 with the same vendor for like or similar goods and services but it is difficult for each department and Purchasing to verify and maintain compliance when the same vendor is used by multiple departments; and WHEREAS, with the nature of rental equipment being of unknown variables such as size of equipment, duration of rental, and equipment available at time of need, the City is not able to practically and feasibly solicit rental equipment within the competitive bidding timeframe; and WHEREAS, Purchasing recommends applying quote thresholds by department at the time the rental equipment is needed, rather than setting an aggregate city-wide budget for this purpose. 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 determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes the procurement of rental equipment from various vendors in excess of $35,000.00, and authorizes the Purchasing Division or department in need of the equipment to solicit at least three informal written or published quotes without the need for further approval by the City Council. Page 1 Page 401 of 402 Les McGaugh Submitted By City of Fayetteville Staff Review Form 2023-1005 Item ID 8/15/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/7/2023 PURCHASING (160) Submitted Date Division / Department Action Recommendation: A resolution to waive competitive bidding for the procurement of rental equipment from various vendors in excess of $35,000.00 annual City-wide aggregate spend but require 3 written or published quotes for each needed rental. a Account Number N/A Project Number Budgeted Item? Yes Budget Impact: a Fund N/A 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: Original Contract Number: Approval Date: Comments: This is a process change. Each department is responsible for their own budget for equipment rental. Page 402 of 402