Loading...
HomeMy WebLinkAbout1999-03-02 - Agendas - Final FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL MEETING MARCH 2, 1999 A meeting of the Fayetteville City Council will be held on March 2, 1999 at 6:30 p.m. in the city Administration Building, Room 219, 113 West Mountain Street, Fayetteville, Arkansas. The following items will be considered: A. CONSENT 1. APPROVAL OF MINUTES: Approval of the minutes from the February 16, 1999 meeting. 2. HWY 265 WIDENING : A resolution approving the engineering contract with RJN Group, Inc. for Hwy 265 widening (Hwy 45 to 16) water and sewer relocations in the amount of $588,583 .00. Also approval of a project contingency in the amount of $58,858. 3. BID 99-27: A resolution awarding bid 99-27 for ballfield fencing at Lake Fayetteville Softball Complex fields #2 and #3 and Babe Ruth baseball fields # 1 and # 2 and approval of a budget adjustment. 4. WALKER PARK PARKING LOT: A resolution approving a budget adjustment to reconstruct the southwest parking lot at Walker Park. 5, OLD MISSOURI & ZION INTERSECTION: A resolution approving a contract with Tomlinson Asphalt Company for the Old Missouri Road and Zion road intersection improvements in the amount of $484,948.75 plus a contingency of 10% totaling $533,450. And approval of a budget adjustment. 6. C112M HILL: REMOVED FROM CONSENT. Item number 4 under New Business. B. OLD BUSINESS 113 WEST MOUNTAIN 72701 501-521.7700 FAX 501-575-8257 Final Agenda March 2, 1999 City Council C. NEW BUSINESS 1. VA 98-12 : An ordinance approving utility easement vacation VA 98-12 as requested by Unitarian Universalist Fellowship for property located at 901 West Cleveland, Leverett's Third Addition, Block 3 and a portion of lot 5,6,7, and 8. The portion to be vacated is a 15 feet wide alley located south of lot 5 and 6 and north of lots 7 and 8. 2, RZ 99-1 : An ordinance approving rezoning request RZ 99- 1 submitted by Thomas Hopper of Crafton, Tull, and Associates on behalf of Lindsey Management Company rezoning 22.3 acres of property located north of the Washington County Fairgrounds and east of Highway 71 bypass from A- 1 , Agriculture to R-2, Medium Density Residential. 3. RZ 99-2: An ordinance approving rezoning request RZ 99-2 submitted by Brett Henson rezoning property located on Locust street at Archibal Yell Boulevard from R-2, Medium Density Residential to C-2, Thoroughfare Commercial. 4, CH2M HILL: A resolution approving contract amendment number 2, NPDES Permitting Assistance, with CH2M Hill in the amount of $94,370.00. 5. BAKERY FOODS: Discussion of legal alternatives regarding Bakery Foods. 6. CELL TOWERS: An ordinance staying applications for cell tower placement pending the development of a new cell tower ordinance. Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your alderman to have it presented at the next City Council agenda session. For further assistance, please contact Heather Woodruff, City Clerk, at 575-8323. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL MEETING MARCH 2, 1999 A meeting of the Fayetteville City Council will be held on March 2, 1999 at 6:30 p.m. in the city Administration Building, Room 219, 113 West Mountain Street, Fayetteville, Arkansas. The following items will be considered: A. CONSENT 1. APPROVAL OF MINUTES: Approval of the minutes from the February 16, 1999 meeting. 2. HWY 265 WIDENING: A resolution approving the engineering contract with RJN Group, Inc. for Hwy 265 widening (Hwy 45 to 16) water and sewer relocations in the amount of $588,583 .00. Also approval of a project contingency in the amount of $58,858. 3. BID 99-27: A resolution awarding bid 99-27 for ballfield fencing at Lake Fayetteville Softball Complex fields #2 and 93 and Babe Ruth baseball fields 41 and # 2 and approval of a budget adjustment. 4. WALKER PARK PARKING LOT: A resolution approving a budget adjustment to reconstruct the southwest parking lot at Walker Park. 5. OLD MISSOURI & ZION INTERSECTION: A resolution approving a contract with Tomlinson Asphalt Company for the Old Missouri Road and Zion road intersection improvements in the amount of $484,948.75 plus a contingency of 10% totaling $533 ,450. And approval of a budget adjustment. 6. C112M HILL: A resolution approving contract amendment number 2, NPDES Permitting Assistance, with CH2M Hill in the amount of $94,370.00. B. OLD BUSINESS 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 Tentative Agenda March 2, 1999 City Council C. NEW BUSINESS 1. VA 98-12: An ordinance approving utility easement vacation VA 98- 12 as requested by Unitarian Universalist Fellowship for property located at 901 West Cleveland, Leverett' s Third Addition, Block 3 and a portion of lot 5,6,7, and 8. The portion to be vacated is a 15 feet wide alley located south of lot 5 and 6 and north of lots 7 and 8. 2. RZ 99-1 : An ordinance approving rezoning request RZ 99- 1 submitted by Thomas Hopper of Crafton, Tull, and Associates on behalf of Lindsey Management Company rezoning 22.3 acres of property located north of the Washington County Fairgrounds and east of Highway 71 bypass from A- 1 , Agriculture to R-2, Medium Density Residential. 3. RZ 99-2: An ordinance approving rezoning request RZ 99-2 submitted by Brett Henson rezoning property located on Locust street at Archibal Yell Boulevard from R-2, Medium Density Residential to C-2, Thoroughfare Commercial. Only items presented by the City Council or City Staff may be discussed during the meeting. If you have an item you wish to discuss, please contact your alderman to have it presented at the next City Council agenda session. For further assistance, please contact Heather Woodruff, City Clerk, at 575-8323. i CITY COUNCIL MARCH 2. 1999 R CH m +law � RI IqQFI ,T AllqTTN DAVIS TRITMRn SANTOS MAYOR 14ANNA rel AT ISTIN TRUMBO DANIEL ✓ qANTOq MAYOR 14AN-NA °��n CA , � XX ✓ �/ G e � Yu Tmcy ✓ ,/ V ✓ ,� ✓ 71,AINTIN ✓ ✓ ✓ -� ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ MAYOR HANNA F—v-o .. s CITY COUNCIL MARCH 2, 1999 1*7 V01 TmcT ✓ '� ✓ RUSSET 1 , gFvNoLnR AUSTIN DAVIS '� ✓ DANTET SANTOS r ✓ ✓ MAYOR HANNA 7- 0 - I 7o- 7 o4 yP`° 5gN AUSTIN DAVIR TRUMBO DANIEL ✓ ✓ MAYOR 14ANNA AINTIN DAVIS MAYOR TJAI�NA ✓ ✓ ✓ ✓ 40 MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL A regular meeting of the Fayetteville City Council was held at 6:30 p. m, on February 16, 1999, in Room 219 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas. STATE OF THE CITY ADDRESS ITEM CONSIDERED ACTION TAKEN Approval of the Minutes Approved Water and Sewer Refunding Bonds Approved Res. 22-99 Roll Forward List of 1998 Funds Approved Res. 23 -99 Juvenile Accountability Incentive Block Grant Approved Res. 24-99 Arkansas Aviation Technologies Grant Agreement Approved Res. 25-99 Hangar Renovation Approved Res. 26-99 Naming "Raven Trail' Approved Res. 27-99 CIV 98-29 Approved Res. 28-99 Widening Hwy 265 Approved Res. 29-99 VA 98- 11 Approved Ord. 4141 Master Street Plan Amendments Approved Res. 30-99 Cable Franchise Fee Failed Ultraviolet Disinfection System Approved Res. 31 -99 CMN Business Park Appeal Approved Motion Clear Creek Bridge Replacement Approved Res. 32-99 PRESENT Mayor Fred Hanna Aldermen Robert Reynolds Ron Austin Bob Davis Trent Trumbo Heather Daniel Kevin Santos Cyrus Young Kyle Russell City Attorney Jerry Rose City Clerk Heather Woodruff Staff, Press, Audience i MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL A regular meeting of the Fayetteville City Council was held at 6 :30 p. m. on February 16, 1999 in Room 219 of the City Administration Building, 113 West Mountain, Fayetteville, Arkansas. CONSENT AGENDA APPROVAL OF MINUTES Approval of the minutes from the February 2, 1999 City Council meeting. WATER AND SEWER REFUNDING BONDS Mayor Hanna introduced a resolution approving a letter agreement with Kutak Rock to perform bond counsel services in connection with the proposed issuance of water and sewer refunding bonds. The cost is not to exceed $35,000, plus out-of-pocket expenses to be paid from bond proceeds. Additionally, to authorize the Budget Coordinator to execute any budget adjustment necessary to implement this refunding. RESOL UTION 22-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. ROLL FORWARD LIST OF 1998 FUNDS A resolution approving a budget adjustment which will allow for the rollforward of all projects or items in progress which were appropriated in the 1998 budget. The items which are approved will become part of the 1999 budget. RESOLUTION 23-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT A resolution to approve a grant application for Juvenile Accountability Incentive Block Grant and the attached budget adjustment. Also to add one officer and the required operational expenses to the 1999 Budget. RESOLUTION 2d-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. A resolution accepting a pass-through grant from the Arkansas Department of Economic Development to the Northwest Arkansas Aviation Technologies Center for the purpose of establishing an Aviation Maintenance Technology Program at Drake Field; approval of an agreement with Northwest Arkansas Aviation Technologies Center, and approval of a budget adjustment recognizing the grant and the related expenditures. RF_SOL UT(ON 25-99 AS RECORDED IN "I'HE OFFICEOF THE C/TY CLERK HANGAR RENOVATION A resolution authorizing the Mayor to execute contracts in excess of $20,000 for the work February 16, 1999 Page 3 associated in renovating the executive hangar leased by NWA Aviation Technologies Center in an amount not to exceed $205,000 for the complete project and approval of a budget adjustment establishing a project budget to perform the necessary tenant improvements. RESOL UT(ON 26-99 AS RECORDED IN THE OFFICE OF 7HE C177 CLERK NAMING "RAVEN TRAIL" A resolution naming the proposed Keenan property trail, "Raven Trail." RESOL UT'TON 27-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK CIV 98-29 A resolution approving a settlement offer for-Mr. Walter Robinson for legal action taken to obtain certain lands along Gregg Avenue in Fayetteville, and Wilkerson Avenue in Johnson for the Mudd Creek Bridge Project. RESOLUTION 28-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK WIDENING HWY 265 A resolution authorizing the Mayor and City Clerk to execute Warranty Deeds conveying City- owned property, part of the Fire Station No. 5, and part of the former Caudle property, both on Crossover expansion of Arkansas State Highway 265 . RESOL UTION 29-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK Alderman Trumbo moved to approve the consent agenda. Alderman Daniel seconded the motion. Upon roll call the motion carried unanimously. NEW BUSINESS VA 98-11 : VACATION Mayor Hanna introduced an ordinance VA 98- 11 vacation submitted by Dave Jorgensen of Jorgensen and Associates on behalf of J.B. Hayes for property located at the north end of Emerald Avenue. The property is zoned R-O, Residential Office. The request is to vacate a 100 square feet right-of-way at the north end of the property. City Allorney Jerry Rose read the ordinance for the firs! lhne. Alderman Austin moved to suspend the rules and go to the second reading. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. City Allorney Rose read lite ordinance for the second lime. February 16, 1999 Page 4 Alderman Davis moved to suspend the rules and go the third and final reading. Alderman Trumbo seconded. Upon roll call the motion carried unanimously. City Attorney Rose read the ordinance for the third and final time. There was no public comment. Mayor Hanna called for the vote. Upon roll call the ordinance passed unanimously. ORDINANCE 4141 AS RECORDED IN THE OFFICE OF THE CI77 CLERK. MASTER STREET PLAN AMENDMENTS Mayor Hanna introduced a resolution amending the Master Street Plan as recommended by the Planning Commission and the Street Committee. Mr. Tim Conklin, Planner, presented the recommended changes to the Master Street Plan and explained the street classifications. Alderman Young moved to approve the resolution changing the Master Street Plan. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. RESOLUTION 30-99 AS RECORDED IN THE OFFICE OF THE C177 CLERK. CABLE FRANCHISE FEE Mayor Hanna introduced a resolution to include the franchise fee as part of the gross revenues of the cable operator. Alderman Daniel stated all cable subscribers would see an increase in their cable bill from .2 to . 14 cents depending on their program package. Mr. Marvin Hilton, Cable Administrator, explained this resolution would bring them into compliance with their franchise agreement and with recent court rulings. TCA Cable had agreed to comply with the change. His professional group, National Association of Telecommunication Officers and Advisors, had received a dozen replies from other cities who were planning to do the same thing. This change would put them in compliance with the franchise fee of five percent of their gross revenues. Before, the franchise fee was not included in the gross revenues. This would bring them into compliance where it was included in the gross revenues. The franchise percentage would not change. The Federal government had capped the percentage. Alderman Trumbo stated it was his understanding the increase would net the city $ 18,000, which TCA could pass along to their customers. February 16, 1999 Page 5 Mr. Hilton replied that was correct. Each subscriber would be charged an additional 84 cents per year. The cable company was not required to pass along the increase. He noted the FCC had ordered TCA to refund $214,000 to subscribers. Alderman Trumbo asked if our cable system would be getting internet capabilities in Fayetteville. Mr. Hilton replied when they rebuilt the system, they would be offering high-speed modem connections to the internet. Mayor Hanna asked Mr. Hilton if TCA was going to pass the increase along to their customers. Mr. Hilton replied TCA had indicated they would be passing the cost along. In response to questions from Alderman Trumbo, Mr. Crosson explained the additional funds would be added to the general fund. He explained the franchise fee were rent for the use of the city' s rights-of-way. Mr. Hilton stated this was becoming an important issue because more and more commerce was taking place over the internet. In response to questions from Alderman Santos, he stated the FCC was going to require television broadcasts be digital by 2006. Robert Ralston, local business owner, asked if the city should consider charging TCA for past years. Mr. Hilton stated the Cable Company did not recommend that the resolution be retroactive. In response to questions from Alderman Trumbo, Mr. Kevin Crosson stated it was an optional decision. There was no requirement that they adopt it. The $ 18,000 was an immaterial amount of money. Alderman Russell disagreed with the interpretation that it was a tax increase. It increased the amount TCA would be paying them and they were allowed to pass the increase along. He noted the amount TCA paid the city was calculated on the amount it took in one year. They had not been counting the five percent that they pay the city in their calculations. If the city passed this resolution, then TCA would pay the city using the amount they took in including the five percent they paid the city. In response to questions from Alderman Daniel, Mr. Hilton stated the Cable Board thought this was important because this was rent for public rights-of-way which were becoming more valuable because the amount of commerce on them. February 16, 1999 , Page 6 Alderman Daniel moved to approve the resolution. Alderman Santos seconded the motion. Upon roll call the motion failed by a vote of 4-5-0. Aldermen Reynolds, Austin, Davis, Trumbo, and Mayor Hanna voting nay. ULTRAVIOLET DISINFECTION SYSTEM Mayor Hanna introduced a resolution awarding Bid 99- 18 to the lowest bidder, Trojan Technologies, for the ultraviolet disinfection system for the Paul R. Noland waste water treatment facility. Alderman Young stated the city currently was using chlorine to kill bacteria. He thought this would be more beneficial environmentally and economically. He asked what volume this would treat. Mr. Venable replied it would treat 33 million gallons per day. Alderman Austin moved to approve the resolution. Alderman Young seconded the motion. Upon roll call the motion carried unanimously. RESOLUTION 31-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. CMN BUSINESS PARK APPEAL Mayor Hanna introduced an appeal of one of the conditions of approval of the CMN Business Park II as approved by the Planning Commission on January 22, 1999 Ms. Mickey Harrington stated the development had been approved on January 22, 1999. They were appealing a condition to preserve Option B for the future flyover (see map). There had been two options on the flyover design. It had been the opinion of the city' s staff, the developer' s engineer, and their traffic consultant that Option A was the safest and the best option. She stated this would only affect lot 17. Mr. Mel Milholland presented both options for the proposed flyover. Ms. Harrington added there would be more flexibility with Option A for a tie-in with Mall Lane than Option B would allow. Mr. Davis stated he was in favor of Option A because it would be easier and safer for people to get off on the right than it would be with the left. He questioned the request to have the land revert back to the property owner if the flyover was not constructed within ten years. Ms. Harrington replied if the flyover was never constructed then the land would not be left open. February 16, 1999 Page 7 Mr. Davis expressed concern about the short amount of time. Ms. Harrington stated it was a minor detail they were not wed to a certain time. Alderman Young explained the city vacated rights-of-way all the time and suggested the property owner could request a vacation if the flyover was never constructed. Alderman Daniel stated she was not in favor of either of the two plans. She thought this could be the beginning of a big octopus. She expressed concern about the city being taken over by the flyovers. She thought the flyover could damage the city in the long run. She thought there would be other options for traffic than in this development. Alderman Trumbo stated he did not want to see the city take additional acreage for something that might not be constructed. Alderman Daniel requested everyone to consider what this type of structure would do to a city. In response to questions from Alderman Trumbo, Mr. Venable stated it would be a State Highway and would have to meet with the State's approval. He thought Option A would be the best route to use. In response to questions from Alderman Young, Mr. Venable stated the State would determine the route of the flyover. Alderman Santos asked if this was in the Regional 2020 Plan. Mr. Venable replied it was in the regional plan. Alderman Davis asked the percentage of ramp that went off to the right versus the left. Mr. Venable replied there were very few ramps if any in Arkansas that went to the left. The right is the preferable exit if it is at all possible. Alderman Daniel moved to approve neither plan A or plan B. The motion died for lack of a second. Alderman Austin moved to approve the appeal and approve Option A. Alderman Reynolds seconded the motion. Alderman Davis requested to amend the motion to exclude the number of years. There world be no time limit. Alderman Austin and Reynolds were in agreement with the 4 February 16, 1999 Page 8 amendment. Ms. Harrington stated her client would agree to the motion. There was no public comment. In response to questions from Alderman Trumbo, Ms. Little stated she had not taken a position. The staff always referred to the Master Street Plan as a flexible plan. While there were several options, no one had designed the flyover. She thought they might need something larger than Option A and if they were going to go with Option B, then they would need enough room for that. Alderman Young asked if the State could be willing to offer an opinion on their preference. Mr. Venable stated he could contact them, but he doubted if they had a preference. Both of the designs met the national standards. They normally preferred going to the right rather than the left. Mayor Hanna stated the motion was to accept plan A with no time limit for reversion to the property owner. Upon roll call the motion carried by a vote of 5-3-0. Daniel, Young, and Russell voting nay. CLEAR CREEK BRIDGE REPLACEMENT Mayor Hanna introduced a resolution approving expenditure of funds to cover cost of construction of Clear Creek Bridge Replacement in Johnson. Mr. Venable stated they had passed a resolution for an agreement with Johnson for the construction of this project. The design had been completed and they were ready to go to bid. The estimated cost was a million and a half dollars. The traffic counts for 1994 of 3 ,300 and 1997 3 ,600 since the connection the traffic had increased to over 7,000 cars. Last Thursday, there had been 6,800 cars. He felt the traffic had doubled. They had estimated 68% of the traffic was from Fayetteville, and suggested the city contribute 68% to the cost of the bridge. The city of Johnson had paid for the right-of-way and utility relocations. He felt it was a reasonable request to help with the cost of the bridge. Mayor Long from Johnson presented a copy of their budget. He stated any help Fayetteville could give them would be appreciated. He requested the council to consider 67% to consider adding the $80,000 the city of Johnson had paid for the right-of-way, which would increase the total cost. He presented a cost estimate for the bridge showing the money the city of Johnson had already spent. February 16, 1999 Page 9 Alderman Trumbo stated the cost which Johnson had already spent they should not reimburse to them. He noted 65% of the city's sales tax came from that area. He thought they needed to improve the infrastructure in that area even if it was not inside our city limits. He thought it was the good neighbor thing to do and would help the traffic problems. Alderman Davis stated he was in favor of the 67% cost share. Alderman Daniel questioned the additional cost Mayor Long was requesting. Mr. Rose stated the request was for 67% and Johnson was paying 33% of an estimated cost of local share of $275,000. The agreement was based on this estimate. Additional funds would be appropriated if they wished . They were appropriating $ 187,000 and a contingency amount of $35,000. There would be some flexibility in the agreement. Alderman Trumbo noted if Home Depot met their estimated revenues the city would be able to pay for the bridge in one year. Alderman Trumbo moved to approve the resolution. Alderman Davis seconded. Upon roll call the motion carried unanimously. RESOLUTION 32-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Mayor Hanna stated Alderman Austin had agreed to form a committee to discuss the Y2K problem. Anybody interested needs to volunteer. Meeting adjourned at 8 :20 p. m. dWY 265 WIDENING k.2. 1 STAFF REVIEW FORM X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of 3 - 2 - 99 FROM : Sid Norbash Engineering _ Public Works Name Division Department ACTION REQUIRED : Approval of the Engineering Contract with RJN Group , Inc . for Hwy 265 Widening (Hwy 45 to Hwy 16 ) - Water & Sewer Relocations in the amount of $ 588 , 583 . 00 . Also , approval of a project contingency in the amount of $ 58 , 858 ( 10 `k ) . COST TO CITY : $ 647 , 441 . 00 $ 3 , 999 , 559 Hwy 265 Water & Sewer Reloc . Cost of this Request Category/ Project Budget Category/ Project Name 5400 - 5600 - 5808 - 00 - 0 - Water & Sewer Account Number Funds Used To Date Program Name 97043 - 10 $ 3 . 999 , 559 Water & Sewer Project Number Remaining Balance Fund BUD ET REVIEW : X Budgetedem Budget Adjustment Attached Budget Coordinator Administrative Services Director �ONTRACT/GRANT/LEASE REVIEW , GRANTING AGENCY : Acco ting an er Date / AD Coordinat Date C ty A o Date In ernal Auditor Date Purchasing Officer Date i STAFF RECOMMENDATION : Approval of the Engineering Contract and the I contingency amount . I 2- !/o -11 Ppartment on Head Date Cross Reference I I New Item : Yes X No ll/�D�i�rector 11 Date LI) • � ' -` I fi& Prev Ord / Res dminist ative Services Director Date G Orig Contract Date : 'Wayov Date HWY 265 WIDENING A.2.2 1 'A 1 LJ 1 'TENT LLE THE CITY OF FAYETTEVILLE. ARKANSAS • DEPARTMENTAL CORRESPONDENCE To : Fayetteville City Council Thru : Fred Hanna , Mayor Charles Venable , Public Works Director Jim Beavers , City Engineer From : Sid Norbash , Staff Engineer Date : February 12 , 1999 Re : Highway 265 ( Hwy 45 to Hwy 16 ) widening / Water & Sewer Relocations - Engineering Contract with RJN Group , INC . Highway 265 is scheduled for major improvements in 1999 by the Arkansas Highway and Transportation Department . These improvements are to take place on Hwy 265 between Highway 45 and Highway 16 . A vicinity map is attached for your information . The total estimated construction cost of Water and sewer relocations and adjustments for this project is approximately $3 , 600 , 000 , certain portions of which might be reimbursable by Arkansas Highway and Transportation Department . • Through our professional selection procedures , RJN Group , INC . was selected to perform the Engineering tasks for this project . Attached is the Engineering Contract for the Design , Bidding , and Construction phases of this project in the amount of $ 588 , 583 . The City and the Highway Department are in the process of determining the actual percentage of the reimbursable amount for these adjustments . Once the agreement is prepared it will be presented to the Council for approval . The same percentage of reimbursable amount will also apply to the cost of the attached Engineering Contract . Please note per request of David Jurgens , included in this project are two 241, waterline roadway crossings , and emergency backup generator for Ash Street Pump Station . The reason for these inclusions is that the engineering fees and construction costs for the added items will be more favorable as part of a major project such as this . The Staff requests that the Council approve the Engineering Contract with RJN Group , INC . in the amount of $ 588 , 583 . 00 and a Project Contingency amount of $ 58 , 858 . 00 SN/ sn Attachments : 2 • I FAYETTEVILLE •HE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL MEETING MARCH 2, 1999 A meeting of the Fayetteville City Council will be held on March 2, 1999 at 6 :30 p.m. in the city Administration Building, Room 219, 113 West Mountain Street, Fayetteville, Arkansas. The following items will be considered : A. CONSENT 1 , APPROVAL OF MINUTES: Approval of the minutes from the February 16, 1999 meeting. 2. HWY 265 WIDENING : A resolution approving the engineering contract with • RJN Group, Inc. for Hwy 265 widening (Hwy 45 to 16) water and sewer' relocations in the amount of $588,583 .00. Also approval of a project contingency in the amount of $58,858. 3. BID 99-27: A resolution awarding bid 99-27 for ballfield fencing at Lake Fayetteville Softball Complex fields 42 and 43 and Babe Ruth baseball fields # 1 and # 2 and approval of a budget adjustment. 4. WALKER PARK PARKING LOT: A resolution approving a budget adjustment to reconstruct the southwest parking lot at Walker Park. 5. OLD MISSOURI & ZION INTERSECTION: A resolution approving a contract with Tomlinson Asphalt Company for the Old Missouri Road and Zion road intersection improvements in the amount of $484,948.75 plus a contingency of 10% totaling $533 ,450. And approval of a budget adjustment. 6. CI-12M HILL : A resolution approving contract amendment number 2, NPDES Permitting Assistance, with CI12M Hill in the amount of $94,370.00. 13. OLD BUSINESS 113 WEST MOUNTAIN 72701 501 -521 -7700 FAX 501 -575-8257 Tentative Agenda March 2, 1999 • City Council C. NEW BUSINESS 1 . VA 98- 12 : An ordinance approving utility easement vacation VA 98- 12 as requested by Unitarian Universalist Fellowship for property located at 901 West Cleveland, Leverett's Third Addition, Block 3 and a portion of lot 5 ,6,7, and 8 . The portion to be vacated is a 15 feet wide alley located south of lot 5 and 6 and north of lots 7 and 8. 2, RZ 99-1 : An ordinance approving rezoning request RZ 99- 1 submitted by Thomas Hopper of Crafton, Tull, and Associates on behalf of Lindsey Management Company rezoning 22.3 acres of property located north of the Washington County Fairgrounds and east of Highway 71 bypass from A- 1 , Agriculture to R-2, Medium Density Residential. I 3, RZ 99-2: An ordinance approving rezoning request RZ 99-2 submitted by Brett Henson rezoning property located on Locust street at Archibal Yell Boulevard from R-2, Medium Density Residential to C-2, Thoroughfare Commercial. I Only items presented by the City Council or City Staff may be discussed during the • j meeting. If you have an item you wish to discuss, please contact your alderman to have it presented at the next City Council agenda session. For further assistance, please contact Heather Woodruff, City Clerk, at 575-8323. i I HWY 265WIDLNUNLY A.2.3 • w p p S � � N y Q Q p O z z ! • U U U U wcnoa` Oc� (rw O Q' NNpI— O • Nf$ OR IT d t mSSUP OLVO Y I Tp, ST O.M jj M M aRi�rOL PL W N EauRor RL M i �— SETTER s E _ O .........�—o .o pRA AAAA... ....................... ... AAAA. .`AAAA o— ' ^."...... ._. AAAA u Ti�,� PEVEPE ^ ' � L EJ oR ?a t� ➢ N O VICTOR'. </ ry 0� MEANDERING x.• `LOVERS N LONDONDERRY OR + W W MM / O M4NOfl DR \ O r OOSrON Ev \ W ROCx 4R q (U/] NrLANO '� • � P O O 2 i GG z a J � M o z + o N .V a ^^ b U) /r- ` WY ^ RD W _ \� f0 v6_ X y x X V 1 W a:c..ccn" X (D m 1 1 L 0 r N ¢ m u i. ....................... ..... ........ .......... . Wom CL z x x p m M W � m a x W • �--�. O v a �n w a c l P O ~ W — WN _ L.. HWY 265 WIDENING A.2A CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES • STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this _ day of 1999, by and between the City of Fayetteville acting by and through its Mayor hereinafter called the " OWNER" and RJN Group, INC. with offices located in Dallas, Texas hereinafter called the " ENGINEER" . WITNESSETH: Whereas, the "OWNER" is planning to relocate and upgrade approximately 23 , 500 linear feet of water line and 4,200 linear feet of sanitary sewer; and Whereas the "OWNER' S" forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work; and Whereas, the "ENGINEER' S" staff is adequate and well qualified and it has been determined that • its current work load will permit completion of the plans for the project on schedule; Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER' S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I - EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II - DESCRIPTION OF THE PROJECT The Arkansas Department of Transportation is undertaking a project to widen State Highway 265 from Highway 16, north to Highway 45 , including improvements to the two intersections at Highway 16 and Highway 265 , and Highway 45 and Highway 265 . The City of Fayetteville Highway 265 relocation project consists of the relocation of approximately 23 , 500 linear feet of water line and . city or Fayetteville, AR Febmary 8, 1999 IliBh%"y 265 Utility Rclocatium Page I k.2.5 4 ,200 linear feet of sanitary sewer lines of various sizes to accommodate the new highway pavement • alignment. The existing 12-inch waterline will be replaced with a 12-inch or a 24-inch water line, depending on the funds available, and the alternate bid amount, and extended to Highway 16 thus providing a continuous 24-inch water line for the complete distance between Highway 45 and Highway 16. In addition, a backup power generator will be constructed for the Ash Street Pump Station, as well as a bore and cased 8-inch water line to cross N. Garland Road at Janice Avenue, and a bore and cased 8-inch water line to cross Crossover Road at Birdie Drive. SECTION IH - INFORMATION & SERVICES The " OWNER" will furnish (on magnetic media or hard copy as may be requested) any existing specifications, standards and other information which may relate to the project including GPS survey data and aerial mapping data, free of charge, to the "ENGINEER". SECTION IV SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING " DESIGN" PHASE Services to be furnished by the "ENGINEER" are generally described in Section IV thru Section IX as follows. A detailed Scope of Services to be provided by the "ENGINEER" is included in Appendix "A" and attached hereto and made a part of this agreement. If any items described in • Section IV thru Section IX conflict with items in Appendix "A", the items in Appendix "A" will govern. The project will be designed and constructed to meet water and sewer standards in accordance with the "OWNER' S" Water and Sewer, and other related Standards. Construction specifications shall be based on " Standard Specifications for Highway Construction Edition 1993 of the AHTD" and latest special provisions and City of Fayetteville Specifications relating to the design of this project. The design concept with regard to water and sewer relocations, geometric, detours, right-of-way, utility easements, and other related items shall be submitted by the "ENGINEER" (in the form of a Preliminary Engineering Assessment) and approved by the "OWNER" prior to beginning design work. The "ENGINEER" shall provide all field survey data from field work for designing the project and this shall be tied to the "OWNER'S" GPS control network, if established in the project area. The "ENGINEER" shall be responsible for obtaining, interpreting and evaluating geotechnical or any other form of data necessary for the design of this project. The " ENGINEER" shall provide surveying, mapping, and related services as required to prepare Right-of-Way / Easement documents for the "OWNER' S" use in acquisition activities. The " ENGINEER" shall furnish plans to all utility companies affected by the project and if • necessary, shall conduct a coordination meeting among all affected utility companies to enable them City or Fayetteville. AR February 8, 1999 1 lighway 265 Utility Rclocatioru page 2 HWY 265 WIDENING A.2.6 to coordinate efforts for the necessary utility relocations. This coordination meeting will take place at the early stages of design (approximately 30%) at the City Engineer's office. • During the final "design" phase of the project, the "ENGINEER" shall conduct final designs to prepare construction plans and specifications including final construction details and quantities, special provisions, cost estimates, make final field inspection with "OWNER", make any needed plan changes as a result of the final field inspection and all other work required to advertise and receive bids. Prior to the start of construction, the "ENGINEER" shall establish benchmark for elevation control and tie layout work to Fayetteville's GPS, if established in the project area. SECTION V - COORDINATION WITH "OWNER" The "ENGINEER" shall hold conferences throughout the design of the project with representatives of the " OWNER" to the end that the design, as perfected, shall have full benefit of the "OWNER' S" knowledge and be consistent with the current policies and construction practices of the "OWNER". The "OWNER" reserves the right to accept or reject any or all plans for errors or omissions, but this stipulation will not relieve the "ENGINEER" of responsibility for the design of the project. Plans rejected because of scope and/or alignment change subsequent to final approval of scope and/or alignment, will not constitute non-performance on the part of the "ENGINEER", and the "ENGINEER" shall be entitled to full compensation for such rejected plans. The • "ENGINEER" shall be entitled to additional compensation for time and materials above the "not to exceed" fee to revise or otherwise modify the plans to meet the criteria of the modified final scope and/or alignment. SECTION VI - OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER' S" City Engineer' s office. SECTION VH - CONCEPT AND PRELIMINARY SUBMISSION The "ENGINEER" shall submit two (2) sets of concept plans, two (2) sets of preliminary plans and three (3) sets of the final plans for field inspections. SECTION VIII - FINAL SUBMISSION The final submission for the construction contract shall consist of the following: A. One ( l ) copy of all design calculations. • City of Faycttcvillc, Ali February 8, 1999 I lighway 265 Utility Rclucatiam Page 3 HWY 265 WIDENING A.2.7 • B . Three (3 ) sets of final plans, contract documents and specifications. C. The originals of all drawings, specifications and contract documents. All design drawings on magnetic media shall be submitted on disks in DOS format compatible with AutoCAD' Release 12 software. D. The " ENGINEER' S" Opinion of Probable cost of construction and an opinion of time in calendar days required for completion of the contract. E. The "ENGINEER" will submit and secure plan approvals from the Arkansas Department of health. The $500.00 review fee shall be paid by the "ENGINEER" and will be included in the direct cost items. SECTION IN - ENGTNF, .R R SPONSIRIT M DURING " BIDDING " AND " CONSTRUCTION" PHASES During the 'Bidding" phase of the project, the "ENGINEER" shall provide all engineering and administrative services needed to obtain bids for the construction project, evaluate the bids, and consult with and advise the "OWNER" as to the acceptability of the best bidder. All costs incurred to advertise the project in public media by the "OWNER". Each prospective bidder will be charged • a non-refundable fee for each set of bid documents. This fee will be paid to the "ENGINEER" to offset the costs of printing plans and specifications. During the " Construction" phase of work, the "ENGINEER" shall provide administrative and engineering services including resident construction observation services to determine whether the Contractor has met the requirements of the design plans and specifications. The "ENGINEER" shall review the Contractors progress payment requests based on the actual quantities of contract items completed and accepted, and shall make a recommendation to the "OWNER" regarding payment. SECTION X - SUB CONTRA TING Subcontracting by the "ENGINEER" of any of the services provided herein shall require prior approval by the "OWNER". SECTION XI - TIME OF BEGINNING AND rntitnr ETIO i The " ENGINEER" shall begin work under this Agreement within ten ( 10) days of notice to proceed and shall complete the plans for the construction contract within 255 calendar days. The above completion time is predicated upon the fact that the " OWNER" will cause to be • processed approvals of interim work in an expeditious 'tanner, 15 days per submittal, and that a City ur F+ycttcvillc. AR Fcbm.vy B, 1999 I ligh%v3y 265 Utility Rdjtium Pa Sc 4 HWY 265 WIDENING A.2.8 maximum of (3 ) three submittals will be required. Should more than (3) three submittals for review be necessary, the number of calendar days utilized by the reviewing authority shall be added to the • time required to complete the plans for the construction contract. SECTION XII - FEES AND PAYMENTS A. Initial Investigation Services For, and in consideration of, the services to be rendered by the " ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 180 % of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1 ) Initial investigation Phase services, to determine new line routing, associated construction costs, state reimbursement documentation and exhibit preparation. "Initial Investigation" Costs not to exceed: . . . . . . . . . . . . . . . . . . . . $ 28,356.00 2) Fixed fee for "Initial Investigation" services: . . . . . . . . . . . . . . . . . . . $ 3 ,403 .00 3) Engineering contract amount for "Initial Investigation" phase • services not to exceed: . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . $ 31 ,759.00 B . "Design" Phase Services: For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 180 % of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1 ) "Design" phase services and "design surveying services" Plan Costs not to exceed : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 275,325 .00 2) Fixed fee for "Design" services: . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33 ,040. 00 3 ) Engineering contract amount for "Design" phase services not to exceed : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 308,365. 00 i The basis of this upper limit and justification for the fee is contained in Appendix "B" attached hereto . Subject to the City Council approval, adjustment of the upper limit may be made should the " ENGINEER" establish and the " OWNER" agree that there has been or is to City or FayettcaiIIC, AR February Y. 1999 Highway 165 Utility Relo:atioiu Page 5 HWY 265 WLDENING 4.2.9 be a significant change in scope, complexity or character of the services to be performed; or if the "OWNER" or "State of Arkansas" modify or change the location or alignment of the relocated utilities after final alignment and location have been reviewed and approved by the "OWNER" and "State of Arkansas"; or if the "OWNER" decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Such adjustment in the fee shall require a formal amendment to the "Contract" prior to any additional work by the "ENGINEER". li Appendix "C" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER". Final payment for Design services shall be made upon the "OWNER' S" approval and acceptance with the satisfactory completion of the "Design" phase for the project. After the required internal reviews and processing by the City of Fayetteville, the city will diligently proceed to make payment to the "ENGINEER" in accordance with the approved payment request within 30 days. All efforts will be made to make payment within the 30 day period, but the City cannot guarantee the 30 day maximum time. C. "Bidding" Phase Services: For 'Bidding" phase services rendered by the "ENGINEER", the owner shall pay the • "ENGINEER" on the basis of salary costs for work-time directly connected with the project, plus payroll additives and general overhead costs of 180% of direct labor costs (plus direct reimbursable expenses associated with the project), plus a fixed fee which are as follows: 1 ) 'Bidding" phase services costs not to exceed: . . . . . . . . . . . . . . . . . . . $ 7,946.00 2) Fixed fee for "Bidding" services: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 954.00 3 ) Engineering contract amount for "Bidding" phase services not to exceed : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S81900. 00 Final payment for "Bidding' phase services shall be made upon the "OWNER' S" approval and acceptance with the satisfactory completion of the 'Bidding' phase of the project. D. "Construction" Phase Services: For "Construction" phase services rendered by the "ENGINEER", the "OWNER" shall pay the " ENGINEER" on the basis of salary costs for work-time directly connected with the project, plus payroll additives and general overhead costs of 180 % of direct labor costs (plus direct reimbursable expenses associated wth the project), plus a fixed fee which are as follows : City ol' FayeUeville. AR Febmuy 9. 1999 tlighwny :63 Utility Relu atiau Page 6 HWY 265 WIDENING A.2. 10 1 ) "Construction" phase services costs not to exceed : . . . . . . . . . . . . . S 1400095 .00 2) Fixed fee for "construction" phase services: . . . . . . . . . . . . . . . . . . . S 16, 811 .00 3) Engineering contract amount for "Construction" phase services not to exceed : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 1561906.00 (based upon an assumed construction period not to exceed 265 calendar days, and 1 , 580 hours of resident engineering) The basis for this estimate is Appendix "B". The "ENGINEER" shall invoice the "OWNER" monthly for construction phase services, and the final payment for "Construction" phase services shall be made upon the "OWNER'S" approval and acceptance with the satisfactory completion of the "Construction" phase of the project. E. "Geotechnical Investigation" Services: For geotechnical investigative services associated with design, the "OWNER" shall pay the "ENGINEER" on the basis of hourly rates and unit prices set forth in Appendix "E"attached hereto, a fee not to exceed S 22,820.00. The basis of this upper limit and justification for the fee is based on Appendix "E" and a preliminary estimate of (40) forty geotechnical borings. After approval by the "OWNER", additional borings will be made as necessary on the basis set forth above, for a fee not to exceed S 570.00 each. • 1 F. " Special" Services: For "Special" services, such as preparation of detailed easements and/or construction staking, the "OWNER" shall pay the "ENGINEER" as follows : 1 ) For "Easement" preparation services, the "OWNER" shall pay the "ENGINEER" on the basis of hourly rates and unit prices set forth in Appendix "F"attached hereto, a fee not to exceed S 15,000.00. The basis of this upper limit and justification for the fee is based on Appendix "F" and a preliminary estimate of (40) forty easements. After approval by the "OWNER", additional easements will be made as necessary on the basis set forth above, for a fee not to exceed S 375 . 00 each. Each "Easement Document" will include: a) Copy of Assessor' s Card b) Deed(s) of complete current property ownership C) Individual plat drawings showing: ( 1 ) Property (tract) (2) New right-of-way along Hwy. 265 (3 ) Existing easements, if any (4 ) Proposed utility easement in metes and bounds d) Written legal description of proposed utility easement area Cky of F+yetteville, AR February 9, 1999 lligheay 265 Utility Rclocntiom Page 7 HWY 265 WLDENING I A.2. 11 • 2) No "construction staking" services will be provided in this agreement. Horizontal and vertical control points will be staked one time only as set forth in Appendix "A" Scope of Work. Any re-staking of control points or construction staking shall be the responsibility of the Contractor. G. Additional Engineering Services: I Additional engineering services includes the preparation of design documents for a backup power generator at the Ash Street Pump Station, as well as a bore and cased 8-inch water line to cross N. Garland Road at Janice Avenue, and a bore and cased 8-inch water line to cross Crossover Road at Birdie Drive. For, and in consideration of, the services to be rendered by the "ENGINEER", the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project, plus payroll additives and general overhead costs of 180 % of direct labor costs, plus direct reimbursable expenses associated with the project, plus a fixed fee which are payable as follows: 1 ) Additional engineering "Design" phase services and "design surveying services" Plan Costs not to exceed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,012.00 • 2) Fixed fee for Additional engineering "Design" phase services: . . . . . . . $ 4,321 .00 3 ) Indirect Labor (Electrical Engineering Services) . . . . . . . . . . . . . . . . . $ 4,500.00 4) Engineering contract amount for Additional engineering "Design" phase services not to exceed : . . . . . . . . . . . . . . . . . . . . . . $ 44,833. 00 The basis of this upper limit and justification for the fee is contained in Appendix `B" attached hereto. Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "C" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the " ENGINEER". Final payment for Additional engineering "Design" phase services shall not be dependent on the completion of items "A through F" of this SECTION ?CII. Final payment shall be made upon the "OWNER' S" approval and acceptance with the satisfactory completion of the Additional engineering " Design" phase services portion of the project. • City Or Fayetteville, AR FcbmwT 8, 1999 I lighway 265 Utility Relucatium Page 3 HWY 265 WIDENING A.2, 12 SECTION XIII - CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the • contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall = be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, price of fees. Any claim by the "ENGINEER" for adjustment under this clause must be asserted with thirty (30) days from the date of receipt by the "ENGINEER" of the notification of change; provided, however, that the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. SECTION XIV - OWNERSHIP OF DOCUMENTS All documents, including original drawings, disks of CADD drawings and/or cross sections, estimates, specification field notes, and data are and remain the property of the "OWNER", The "ENGINEER" may retain reproduced copies of drawings and copies of other documents. • SECTION XV - POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement - Should the "OWNER", for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER" in writing, who will immediately suspend work. During such postponement, any requests by the "OWNER" or its authorized agents for project documentation, data, plans and specifications (preliminary or final), or any other requests that will require the "ENGINEER" to expend labor or direct costs, the "ENGINEER" will be reimbursed for such expenses as set forth in SECTION XII of this Agreement. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B . Cancellation - should the "OWNER", for any reason whatsoever, decide to cancel or to terminate the use of the "ENGINEER' S" service, the "OWNER" will give written notice thereof to the "ENGINEER", who will immediately terminate the work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. The "ENGINEER" shall turn over all data, • City ur Fayetteville, AR February 8, 1999 I Iighway 265 Utility Re 1u atiuiu Page 9 1IWY 265 WIDENING 4.2. 13 charts, survey notes, figures, drawings and other records or information collected or produced • hereunder whether partial or complete. Upon such termination of the "ENGINEER' S" services, the "ENGINEER" shall be paid for all salary costs for work-time directly connected with the project, plus payroll additives and general overhead costs of 180% of direct labor costs (plus all direct reimbursable expenses associated with the project), and a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed SECTION XVII - MISCELLANEOUS PROVISIONS 1 ) Any disputes resulting from claims shall be subject to mediation through the Mayor of Fayetteville, and all efforts shall be made by both parties to settle the dispute prior to any legal action by either party. 2) Responsibility for Claims and-Liability - The "ENGINEER" shall save harmless the "OWNER" from all claim and liability as a result of its (the "ENGINEER' S") activities, or those of its subcontractors, its agents, or its employees rendering of services under this contract. 3) General Compliance with Laws - The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "ENGINEER" shall be a professional engineer, licensed in the State of Arkansas. • 4) Engineers Endorsement - The "ENGINEER" shall endorse and recommend all plans, specifications, engineer's opinion of construction costs, and engineering data finished by it. All design shall be checked in accordance with accepted engineering practices. All plan quantities shall be checked and verified. SECTION XVIII - SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the " OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XIX - COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER", to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working • City of faycttevillc, AR Fcbmuy 8, 1999 1 li8hway 265 Utility Rcloaatiom Page 10