HomeMy WebLinkAbout2015-12-15 - Agendas - Archive City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
e Form-M
Meeting Agenda - Final Agenda
Tuesday, December 15, 2015
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
1. 2015-0160
NOMINATING COMMITTEE REPORT
Attachments: 4th Qtr Nominating Committee Report
2. 2015-0593
TOWN CENTER ANNUAL REPORT
Agenda Additions:
A. Consent:
A. 1 2014-0517
APPROVAL OF THE NOVEMBER 17, 2015 AND DECEMBER 1, 2015
CITY COUNCIL MEETING MINUTES.
City of Fayetteville,Arkansas Page 2 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
A. 2 2015-0532
GARVER,LLC AMENDMENT NO. 1:
A RESOLUTION TO APPROVE AMENDMENT NO. 1TO THE
CONTRACT WITH GARVER, LLC IN THE AMOUNT OF $9,293.75 TO
ADD BIDDING PHASE SERVICES FOR THE WATER AND SEWER
RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT PROJECT BB0414 -
INTERSTATE 49 AND HIGHWAY 112 INTERCHANGE
Attachments: Garver-Garland Interchange Packet
A. 3 2015-0556
BID NO. 15-60 RED RIVER PUMP SPECIALISTS,INC.:
A RESOLUTION TO AWARD BID NO. 15-60 AND AUTHORIZE THE
PURCHASE OF A TRAILER MOUNTED DIESEL POWERED WATER
PUMP FROM RED RIVER PUMP SPECIALISTS, INC. IN THE
AMOUNT OF $71,575.00 PLUS APPLICABLE TAXES FOR USE AT
THE BIOSOLIDS MANAGEMENT SITE
Attachments: 2015-0556- Packet- Bid 15-60-BMS Trailer Mounted Diesel Powered Water F
A. 4 2015-0567
CLAY MAXEY MOTOR SPORTS:
A RESOLUTION TO AUTHORIZE THE PURCHASE OF A
KAWASAKI MULE FROM CLAY MAXEY MOTOR SPORTS OF
HARRISON, ARKANSAS IN THE AMOUNT OF $14,000.00 FOR USE
BY THE POLICE DEPARTMENT, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: SRP-PD Exp Kawaski Mule
BA- move funds for PD Mule Exp
A. 5 2015-0554
LAKE FAYETTEVILLE BOAT DOCK OPERATOR CONTRACT:
A RESOLUTION TO APPROVE THE LAKE FAYETTEVILLE BOAT
DOCK OPERATOR CONTRACT WITH ALVARO PEREA IN THE
AMOUNT OF $40,188.00 FOR SERVICES IN 2016, WITH
AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE
YEAR TERMS
Attachments: Lake Fay Boat Dock Contractor- Legistar Packet
A. 5 Additional Lake Revenue and Expense Memo
City of Fayetteville,Arkansas Page 3 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
A. 6 2015-0558
OZARK FLOOR COMPANY AND G&W DIESEL SERVICE
DONATION REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE
TOTAL AMOUNT OF $700.00 REPRESENTING DONATION
REVENUE FROM OZARK FLOOR COMPANY AND G&W DIESEL
SERVICE TO THE FAYETTEVILLE FIRE DEPARTMENT FOR THE
ANNUAL EMPLOYEE SERVICE AWARDS EVENT
Attachments: SRF SRM Donation Revenue Nov. 2015
BA BUDGET ADJUSTMENT FORM Donation Revenue Nov. 2015
A. 7 2015-0566
HAZMAT SERVICES REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT
RECOGNIZING HAZMAT SERVICES REVENUE RECEIVED BY THE
FIRE DEPARTMENT FROM WASHINGTON COUNTY IN THE
AMOUNT OF $3,233.00 AND INCREASING THE RELATED EXPENSE
BUDGET
Attachments: SRF SRM Hazmat Revenue Nov. 2015
BA BUDGET ADJUSTMENT FORM Hazmat Services Revenue Washington
A. 8 2015-0564
TEC,THE EMPLOYMENT COMPANY D/B/A TEC STAFFING
SERVICES:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH
AUTOMATIC RENEWALS FOR FOUR ADDITIONAL ONE YEAR
TERMS WITH TEC, THE EMPLOYMENT COMPANY D/B/A TEC
STAFFING SERVICES FOR TEMPORARY STAFFING SERVICES
FOR VARYING HOURLY RATES BY JOB CATEGORY
Attachments: TEC Staffing Services Agenda Packet 11-25-15
City of Fayetteville,Arkansas Page 4 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
A. 9 2015-0565
DAUGHERTY& DAUGHERTY INVESTMENTS,LLC D/B/A IST
EMPLOYMENT STAFFING:
A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH
AUTOMATIC RENEWALS FOR FOUR ADDITIONAL ONE YEAR
TERMS WITH DAUGHERTY & DAUGHERTY INVESTMENTS, LLC
D/B/A IST EMPLOYMENT STAFFING FOR TEMPORARY STAFFING
SERVICES FOR VARYING HOURLY RATES BY JOB CATEGORY
Attachments: 1 st Fmployment Staffing Services Agenda Packet 11-25-15
A. 10 2015-0548
FEDERAL AND STATE LAW ENFORCEMENT FORFEITURES
REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE
TOTAL AMOUNT OF $37,581.00 RECOGNIZING REVENUE
ASSOCIATED WITH FEDERAL AND STATE LAW ENFORCEMENT
FORFEITURES
Attachments: SRP- LE Forfeitures
BA- Forfeitures Nov 2015
A. 11 2015-0549
FAYETTEVILLE POLICE DEPARTMENT DONATION
REVENUE:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE
TOTAL AMOUNT OF $6,961.00 RECOGNIZING DONATION
REVENUE TO THE FAYETTEVILLE POLICE DEPARTMENT IN
SUPPORT OF GENERAL RECOGNITION AND OFFICER SERVICE
AWARDS
Attachments: SRP- Donations Nov 2015
BA- Donations, Nov 2015
City of Fayetteville,Arkansas Page 5 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
A. 12 2015-0581
CDW-GOVERNMENT:
A RESOLUTION TO APPROVE THE PURCHASE OF FORTY (40)
SIERRA WIRELESS GATEWAY MODEMS AND ANTENNAS FROM
CDW-GOVERNMENT IN THE AMOUNT OF $31,330.08 PLUS
APPLICABLE TAXES, PURSUANT TO A NATIONAL
INTERGOVERNMENTAL PURCHASING ALLIANCE CONTRACT,
FOR USE BY THE POLICE DEPARTMENT
Attachments: SRP- Modems
A. 13 2015-0559
BID NO. 15-65 WANCO,INC.:
A RESOLUTION TO AWARD BID NO. 15-65 AND AUTHORIZE THE
PURCHASE OF A PORTABLE VIDEO SURVEILLANCE TRAILER
FROM WANCO, INC. OF ARVADA, COLORADO IN THE AMOUNT
OF $58,212.00 PLUS APPLICABLE TAXES FOR USE BY THE POLICE
DEPARTMENT
Attachments: SRP- Portable Surveillance
A. 14 2015-0582
METOVA,INC.:
A RESOLUTION TO APPROVE AND CERTIFY THE PARTICIPATION
OF METOVA, INC. IN THE ARKANSAS TAX BACK PROGRAM
AND TO AGREE TO AUTHORIZE DF&A TO REFUND CITY SALES
TAX BACK TO METOVA,INC.
Attachments: SRF &SRM Metova Inc Tax Back Request 11-25-2015
A. 14 Additional Metova Letter 2
A. 15 2015-0560
PACIFIC VET GROUP-USA,INC.:
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH
PACIFIC VET GROUP-USA, INC. TO SELL ABOUT 24 ACRES IN
THE FAYETTEVILLE COMMERCE DISTRICT (FORMERLY
INDUSTRIAL PARK) BACK TO THE CITY IN EXCHANGE FOR THE
CANCELLATION OF THE REMAINING INDEBTEDNESS OWED TO
THE CITY
Attachments: SRF 12-15-2015 PVG Land Exchange
City of Fayetteville,Arkansas Page 6 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
A. 16 2015-0613
LIB HORN ANIMAL SHELTER:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN ANY
AND ALL DOCUMENTS NECESSARY TO ACCEPT, COLLECT,
RECEIVE AND/OR TRANSFER ALL OF THE ASSETS GIVEN BY LIB
HORN TO THE LIB HORN ANIMAL SHELTER OF FAYETTEVILLE
Attachments: Agenda Packet Lib Horn Donation
B. Unfinished Business:
B. 1 2015-0469
AMEND CHAPTER 97 PARKS AND RECREATION:
AN ORDINANCE TO AMEND CHAPTER 97 PARKS AND
RECREATION OF THE FAYETTEVILLE CITY CODE TO ALLOW
TWENTY FOUR (24) HOUR ACCESS TO SHARED USE PAVED
TRAILS; TO ADD LEASH REQUIREMENTS FOR ANIMALS IN
CERTAIN PARKS; TO PROHIBIT CERTAIN ACTIVITIES IN PARKS
INCLUDING UNAUTHORIZED VEHICLE OPERATION, USE OF
PADDLE BOARDS ON CITY LAKES, AND SHOOTING OF MODEL
ROCKETS; TO PROVIDE FOR CERTAIN ACTIVITIES IN PARKS
INCLUDING CAMPING, HORSEBACK RIDING, LIMITED VENDING
AT PARK EVENTS, AND POSTING OF TEMPORARY SIGNS; AND
TO MAKE OTHER TECHNICAL REVISIONS
Attachments: Exhibit A- Proposed Chapter 97
Legistar Packet-Chapter 97
At the November 17, 2015 City Council meeting, this ordinance was left on the
first reading. At the December 1, 2015 City Council meeting, this ordinance
was left on the second reading.
City of Fayetteville,Arkansas Page 7 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
B. 2 2015-0463
AMEND § 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS
AND§73.05 RIDING ON SIDEWALKS:
AN ORDINANCE TO AMEND § 73.04 RIDING ON ROADWAYS
AND BICYCLE PATHS TO PROVIDE FOR THE SAFE OPERATION
OF BICYCLES ON ROADWAYS AND BICYCLE PATHS, AND TO
AMEND § 73.05 RIDING ON SIDEWALKS TO PROVIDE FOR THE
SAFE OPERATION OF BICYCLES ON SIDEWALKS
Attachments: CC packet- Bicycle Ordinance Amendments
Bicycle Ordinance Package CC Memo-Amendment Package w out Map
B. 2 Additional ATAC Recommendation - Chapter 73 04 Amendment
At the November 17, 2015 City Council meeting, this ordinance was left on the
first reading. At the December 1, 2015 City Council meeting, this ordinance
was left on the second reading.
B. 3 2015-0544
RZN 15-5214: (WEST OF N. GREGG AVE. &W.VAN ASCHE
DR./WG LAND COMPANY)APPEAL:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5214 FOR APPROXIMATELY 186.65
ACRES LOCATED WEST OF THE INTERSECTION OF NORTH
GREGG AVENUE AND WEST VAN ASCHE DRIVE FROM R-A,
RESIDENTIAL AGRICULTURAL TO C-2, THOROUGHFARE
COMMERCIAL AND C-3, CENTRAL COMMERCIAL
Attachments: 15-5214 EX A
15-5214 EX B
15-5214 CC reports
RZN 15-5214 City Attorney Memo
At the December 1, 2015 City Council meeting, this ordinance was left on the
first reading.
City of Fayetteville,Arkansas Page 8 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
B. 4 2015-0545
RZN 15-5209: (NE CORNER OF MCGUIRE ST.&VAN ASCHE
DR./MCCLINTON)APPEAL:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5209 FOR APPROXIMATELY 18.34
ACRES LOCATED AT THE NORTHEAST CORNER OF MCGUIRE
STREET AND VAN ASCHE DRIVE FROM R-A, RESIDENTIAL
AGRICULTURAL TO C-2, THOROUGHFARE COMMERCIAL AND
C-3, CENTRAL COMMERCIAL
Attachments: 15-5209 EX A
15-5209 EX B
15-5209 CC reports
At the December 1, 2015 City Council meeting, this ordinance was left on the
first reading.
C. New Business:
C. 1 2015-0568
BID NO. 15-64 ROGERS IRON AND METAL CORPORATION:
A RESOLUTION TO AWARD BID NO. 15-64 TO ROGERS IRON AND
METAL CORPORATION FOR THE REMOVAL AND RECYCLING OF
SCRAP METAL ITEMS FOR AN AMOUNT ESTABLISHED IN THE
SEVENTH EFFECTIVE ISSUE EACH MONTH OF THE AMERICAN
METAL MARKET AUTOMOBILE SCRAP INDEX FOR THE
ARKANSAS/TENNESSEE MARKET LESS ROGERS IRON AND
METAL's OPERATING COSTS IN THE AMOUNT OF $89.00 PER TON
FOR A PERIOD OF ONE YEAR WITH AUTOMATIC EXTENSIONS
FOR FOUR ADDITIONAL ONE YEAR TERMS
Attachments: SRP Scrap Metal Bid RIMCO 11-25-15
City of Fayetteville,Arkansas Page 9 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
C. 2 2015-0557
BID NO. 15-63 MODERN CONTROL ACCESS,INC.:
A RESOLUTION TO AWARD BID NO. 15-63 AND AUTHORIZE A
CONTRACT WITH MODERN CONTROL ACCESS , INC. FOR THE
CONSTRUCTION OF SECURITY FENCING, GATES, AND GATE
CONTROLS AT THE POLICE DEPARTMENT PARKING LOT AT THE
SOUTHEAST CORNER OF SOUTH BLOCK AVENUE AND WEST
ROCK STREET IN THE AMOUNT OF $66,970.00, AND FURTHER
APPROVES A 10% PROJECT CONTINGENCY IN THE AMOUNT OF
$6,697.00
Attachments: SRP- Fencing for FPD Lot
C. 2 Additional Modern Control Access Inc.
C. 3 2015-0579
2016 TRANSPORTATION DIVISION OVERLAY AND SIDEWALK
PROJECTS:
A RESOLUTION TO APPROVE THE TRANSPORTATION DIVISION
OVERLAY AND SIDEWALK PROJECTS LIST FOR 2016
Attachments: SRP-Overlay Sidewalk Projects
C. 4 2015-0569
THE FIELD SHOP,INC.:
A RESOLUTION TO APPROVE A CONTRACT WITH THE FIELD
SHOP, INC. OF LITTLE ROCK TO DESIGN, PURCHASE AND
INSTALL UPGRADED AUDIO-VISUAL EQUIPMENT IN THE CITY
COUNCIL CHAMBER AND CITY HALL ROOM 326 IN THE
AMOUNT OF $186,168.00 PLUS APPLICABLE TAXES AND A
PROJECT CONTINGENCY IN THE AMOUNT OF $16,500.00; AND
UPGRADED AUDIO-VISUAL AND BROADCAST SYSTEM
EQUIPMENT IN THE TELEVISION CENTER IN THE AMOUNT OF
$218,546.46 PLUS APPLICABLE TAXES AND A PROJECT
CONTINGENCY IN THE AMOUNT OF $5,000.00
Attachments: 2015-0569 Attachments AV3
City of Fayetteville,Arkansas Page 10 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
C. 5 2015-0570
RZN 15-5194 DEPALMA EDITION(VARIOUS EXPIRED PZD
LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 10.04
ACRES LOCATED AT THE SOUTH END OF ANSON STREET FROM
R-PZD 05-1798 (DEPALMA EDITION) TO RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE
Attachments: 15-5194 CC reports (DePalma Addition)
05-1798 CC EX A- DePalma Addition
05-1798 CC EX B- DePalma Addition
C. 6 2015-0571
RZN 15-5194 VILLAS AT STONEBRIDGE (VARIOUS EXPIRED
PZD LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 53.03
ACRES LOCATED AT EAST OF RIVERWALK SUBDIVISION ON
DEAD HORSE MOUNTAIN ROAD FROM RPZD 06-2170(VILLAS AT
STONEBRIDGE)TO R-A, RESIDENTIAL-AGRICULTURAL
Attachments: 15-5194 CC reports (VillasatStonebridge)
06-2170 CC EX A-Villas at Stonebridge
06-2170 CC EX B-Villas at Stonebridge
C. 7 2015-0572
RZN 15-5194 UNIVERSITY CLUB CONDOS(VARIOUS EXPIRED
PZD LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 10.29
ACRES LOCATED AT NORTH END OF WATERSIDE COURT FROM
R-PZD 06-2191 (UNIVERSITY CLUB CONDOS) TO R-O,
RESIDENTIAL-OFFICE AND C-2,THOROUGHFARE COMMERCIAL
Attachments: 15-5194 CC reports (University Club Condos)
06-2191 CC EX A- University Club Condos
06-2191 CC EX B- University Club Condos
City of Fayetteville,Arkansas Page 11 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
C. 8 2015-0573
RZN 15-5194 WEST FORK PLACE (VARIOUS EXPIRED PZD
LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 13.92
ACRES LOCATED AT THE SOUTH END OF RAY AVENUE FROM
R-PZD 06-2196 (WEST FORK PLACE) TO RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE
Attachments: 15-5194 CC reports (WestForkPlace)
06-2196 CC EX A-West Fork Place
06-2196 CC EX B-West Fork Place
C. 9 2015-0574
RZN 15-5194 AMBERWOOD PLACE (VARIOUS EXPIRED PZD
LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 39.98
ACRES LOCATED AT SOUTHEAST OF DOUBLE SPRINGS AND
DOT TIPTON ROADS FROM R-PZD 08-2965 (AMBERWOOD PLACE)
TO R-A, RESIDENTIAL-AGRICULTURAL
Attachments: 15-5194 CC reports (AmberwoodPlace)
08-2965 CC EX A-Amberwood Place
08-2965 CC EX B-Amberwood Place
C. 10 2015-0575
RZN 15-5194 PORCHSCAPES(VARIOUS EXPIRED PZD
LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 8.81
ACRES LOCATED AT THE SOUTH END OF SEVEN HILLS DRIVE
FROM R-PZD 08-3006(PORCHSCAPES) TO RSF-4, RESIDENTIAL
SINGLE FAMILY, FOUR UNITS PER ACRE
Attachments: 15-5194 CC reports (Porchscapes)
08-3006 CC EX A- Porchscapes
08-3006 CC EX B- Porchscapes
City of Fayetteville,Arkansas Page 12 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
C. 11 2015-0576
RZN 15-5194 STONEWOOD GARDENS(VARIOUS EXPIRED PZD
LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 3.36
ACRES LOCATED AT THE SOUTHEAST CORNER OF CROSSOVER
AND ALBRIGHT ROADS FROM R-PZD 08-3022 (STONEWOOD
GARDENS)TO R-0, RESIDENTIAL-OFFICE
Attachments: 15-5194 CC reports (StonewoodGardens)
08-3022 CC EX A-Stonewood Gardens
08-3022 CC EX B-Stonewood Gardens
C. 12 2015-0577
RZN 15-5194 COLLEGE AVENUE TOWNHOMES (VARIOUS
EXPIRED PZD LOCATIONS/EXPIRED PZDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5194 FOR APPROXIMATELY 2.34
ACRES LOCATED AT NORTH COLLEGE AVENUE AND GOLDEN
EAGLE DRIVE FROM R-PZD 07-2649 (COLLEGE AVENUE
TOWNHOMES)TO R-O, RESIDENTIAL-OFFICE
Attachments: 15-5194 CC reports (CollegeAveTownhomes)
07-2649 CC EX A-College Ave. Townhomes
07-2649 CC EX B-College Ave. Townhomes
D. City Council Agenda Session Presentations:
D. 1 2015-0527
AGENDA SESSION PRESENTATION - BUILDING EFFICIENCY
IMPROVEMENTS BY PETER NIERENGARTEN
E. City Council Tour:
F. Announcements:
G. Adjournment
City of Fayetteville,Arkansas Page 13 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and
Old Business. Please wait for the Mayor to request public comment and then
come to the podium, give your name, address, and comments about the agenda
item. Please address only the Mayor. Questions are usually answered by the
Mayor, Aldermen or Staff after the public comment period is over. Please keep
your comments brief and respectful. Each person is only allowed one turn at the
microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council
Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City
Council pertaining to City Council meetings:
Agenda additions: A new item which is requested to be added to the agenda at a
City Council meeting should only be considered if it requires immediate City
Council consideration and if the normal agenda setting process is not practical.
The City Council may only place such new item on the City Council meeting's
agenda by suspending the rules by two-thirds vote. Such agenda addition shall be
heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted
upon as a group without discussion by the City Council. If an Alderman wishes to
comment upon or discuss a Consent Agenda item, that item shall be removed and
considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the
Mayor and, if an ordinance, read by the City Attorney. City staff shall then present
a report. An agenda applicant (city contractor, rezoning or development applicant,
etc.) may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. Staff and applicants may use
electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the
audience on all items of old and new business and subjects of public hearings. No
electronic visual aid presentations shall be allowed, but the public may submit
photos, petitions, etc. to be distributed to the City Council. If a member of the
public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than
9:00 a.m. on the day of the City Council meeting. Any member of the public shall
first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should
be avoided; this applies to comments made previously either to the City Council or
to the Planning Commission when those Planning Commission minutes have been
provided to the Aldermen. All remarks shall be addressed to the Mayor or the City
Council as a whole and not to any particular member of the City Council. No
person other than the Aldermen and the person having the floor shall be permitted
to enter into any discussions without permission of the Mayor. No questions shall
be directed to an Alderman or city staff member except through the Mayor.
City of Fayetteville,Arkansas Page 14 Printed on 1211012015
City Council Meeting Meeting Agenda-Final Agenda December 15,2015
Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements
about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor, must immediately cease
speaking and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council
meetings, a 72 hour advance notice is required. For further information or to
request an interpreter,please call 479-575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-ar.gov
or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas.
City of Fayetteville,Arkansas Page 15 Printed on 1211012015
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0160
Agenda Date: 12/15/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: 1.
NOMINATING COMMITTEE REPORT
City of Fayetteville,Arkansas Page 1 Printed on 1211072015
CITY OF
ayevi le
Y ARKANSAS
Nominating Committee Report
Members Present—Chair Mark Kinion, Sarah Marsh, and Martin W. Schoppmeyer Jr.
Absent—Alan Long
The Mayor recommends the following candidate appointment:
HISTORIC DISTRICT COMMISSION
Rhianon DeLeeuw-unexpired term ending 06/30/17
The Nominating Committee recommends the following candidates for appointment:
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
Rachel Spencer- Community Citizen at Large term ending 12/31/17
Paxton Roberts - Community Citizen at Large Bicycle Advocate term ending 12/31/17
AIRPORT BOARD
Paul Algee- Aeronautical term ending 12/31/20
AUDIT COMMITTEE
Michael W. White - term ending 12/31/18
BOTANICAL GARDEN SOCIETY OF THE OZARKS
Joyce Mendenhall -term ending 12/31/18
CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
Mary Catherine Johnson-Alternate Member unexpired term ending 03/31/16
Vacant-Alternate Member unexpired term ending 03/31/16
ENERGY IMPROVEMENT DISTRICT
NO. 1
Matt Pope -term ending 12/31/17
James Bell -term ending 12/31/17
ENVIRONMENTAL ACTION COMMITTEE
Garnett Wise -Local Industry term ending 12/31/18
Mike Emery- Community Citizen at Large terms ending 12/31/18
Emily Deitchler- Community Citizen at Large terms ending 12/31/18
PARKS AND RECREATION ADVISORY BOARD
David Proffitt—term ending 12/31/18
Chuck Maxwell—term ending 12/31/18
J L Jennings—term ending 12/31/18
Mailing Address:
113 W Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
TOWN AND GOWN ADVISORY BOARD
Phil Jones—unexpired Ward 1 Resident term ending 09/30/17
URBAN FORESRY ADVISORY BOARD
*Aubrey Shepherd—Land Development term ending 12/31/17
*Russell Dye—University Representative term ending 12/31/17
Damon Lipinski—Community Citizen at Large term ending 12/31/17
*In the event no application for a position as a representative from a specific discipline is received, the
position may be filled by any citizen of the City.
2
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville,AR 72701
- - (479)575-8323
Text File
File Number: 2015-0532
Agenda Date: 12/15/2015 Version: 1 Status:Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number:A.2
GARVER,LLC AMENDMENT NO. 1:
A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE CONTRACT WITH GARVER,
LLC IN THE AMOUNT OF $9,293.75 TO ADD BIDDING PHASE SERVICES FOR THE WATER
AND SEWER RELOCATIONS ASSOCIATED WITH ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT PROJECT BB0414 - INTERSTATE 49 AND HIGHWAY 112
INTERCHANGE
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 Amendment No.
1 to the contract with Garver, LLC in the amount of$9,293.75 to add bidding phase services for the
water and sewer relocations associated with Arkansas Highway and Transportation Department Project
BB0414 - Interstate 49 and Highway 112 Interchange.
City of Fayetteville,Arkansas Page 1 Printed on 1211072015
City of Fayetteville Staff Review Form
2015-0532
Legistar File ID
12/15/2015
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Jim Beavers 11/25/2015 Utilities Director/
Utilities Department
Submitted By Submitted Date Division/Department
Action Recommendation:
Approval of the attached Amendment No. 1 to the Engineering Services Contract with Garver LLC in the amount
$9,293.75 to add Bidding Phase Services to the design contract for the water/sewer relocations associated with
AHTD project BB0414— 1-49/Hwy 112.
Budget Impact:
5400.5700.5314.00 Water/Sewer
Account Number Fund
11011.1501 Water/Sewer Relocations- Bond Projects
Project Number Project Title
Budgeted Item? Yes Current Budget $ 1,973,984.00
Funds Obligated $ 1,147,360.00
Current Balance $ 826,624.00
Does item have a cost? Yes Item Cost $ 9,293.75
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget $ 817,330.25
V20140710
Previous Ordinance or Resolution# 43-15
Original Contract Number: 2354 Approval Date:
Comments:
CITY OF
Taye ARKeAN SAS le CITY COUNCIL AGENDA MEMO
AN
TO: Mayor Jordan and City Council
THRU: Tim Nyander, Utilities Director
Legistar Review
FROM: Jim Beavers, Utilities Engineer
DATE: November 25, 2015
SUBJECT: Approval of Amendment No. 1 to the Engineering contract with Garver LLC to
add Bidding Phase Services for the water/sewer relocations associated with
AHTD project BB0414 — 1-49/Hwy 112
RECOMMENDATION:
Approval of the attached Amendment No. 1 to the Engineering Services Contract with Garver
LLC in the amount of$9,293.75 to add Bidding Phase Services to the design contract for the
water/sewer relocations associated with AHTD project BB0414— 1-49/Hwy 112.
BACKGROUND:
The final design contract with Garver LLC was approved by the City Council February 17, 2015.
The contract included surveys, design and assistance with environmental and easements. The
original contract states that"Bidding Services may be added by amendment".
The design is substantially complete and the bidding phase is schedule to begin in December
2015 subject to AHTD's final schedule.
DISCUSSION:
The City of Fayetteville is eligible for reimbursement from AHTD for 87.06% of the costs
associated with the project.
BUDGET/STAFF IMPACT:
Budgeted Funds are available in the approved 2015 CIP for Water/Sewer Relocations-Bond
Projects.
ATTACHMENTS:
1. Staff Review Form
2. Proposed Amendment No. 1 signed by Garver LLC
3. Copy of Original Contract
4. Resolution 43-15
5. Copy of Exhibit - Arkansas Highway & Transportation Department Improvements
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville, Arkansas
Project No. 15048160
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1, effective on the date last written below, shall amend the original
contract between the CITY OF FAYETTEVILLE (Owner) and GARVER, LLC (GARVER), dated
February 17, 2015 referred to in the following paragraphs as the original contract.
This Contract Amendment No. 1 adds professional services for the:
Porter Road-HWY 1121718 Widening and Interchange—AHTD Job BB0414
The original contract is hereby modified as follows:
APPENDIX A—SCOPE OF SERVICES
Section 2.7, Bidding Services of the original contract is hereby amended to omit"PiddingSeN�ses are
", and
add the following:
During the bidding phase of the project, GARVER will:
1. Prepare and submit Advertisement for Bids to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will pay advertising costs outside of this contract.The CITY OF FAYETTEVILLE
will dispense construction contract documents to prospective bidders.
2. Support the contract documents by preparing addenda as appropriate.
3. Participate in a pre-bid meeting.
4. Attend the bid opening.
5. Prepare bid tabulation.
6. Evaluate bids and recommend award.
7. Prepare construction contracts.
Section 2.15, Extra Work of the original contract is hereby amended to revise item 13. Replace"Bidding
and Construction Services"with"Construction Services".
Section 3.0,Payment of the original contract is hereby amended to revise the FEE AMOUNT for Bidding
Services and TOTAL FEE in the table. Replace "$0 (may be added by amendment)" for Bidding
Services with 19,293.75". Replace"$102,742.50"for TOTAL FEE with"112,036.25". In the paragraph
following the table, replace "The total amount paid to GARVER under this agreement is estimated to
be $102,742.50." with "The total amount paid to GARVER under this agreement is estimated to be
$112,036.25."
Contract Amendment No. 1 1 of 2 Garver Project No. 14048160
Porter Road-HWY 112171B Widening
and Interchange-AHTD Job BB0414
This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the
date last written below.
CITY OF FAYETTEVILLE GARVER, LLC
By: By:
Signature Sign
Name: Name: Steven M Jones
Printed Name Printed Name
Title: Title: Senior Vice President
Date: Date: 11/10/2015
Digitally signed
TIby Chris Buntin
Date:
Attest: Attest: 08:59:30-06'00'
Contract Amendment No. 1 2 of 2 Garver Project No. 14048160
Porter Road-HWY 112!71 B Widening
and Interchange-AHTD Job BB0414
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
r
THIS AGREEMENT is made as of � W it l n [1— , 2015, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor Ocreinafter called CITY OF FAYETTEVILLE) and
GARVER, LLC(hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FAYETTEVE LLE's professional engineering consultant in those
assignments to which this Agreement applies, and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council
in advance of the change in scope,costs, fees,or delivery schedule.
SECTION 2- BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has
full responsibility for the engineering services.
SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3.1 CITY OF FAYETTEVILLE shall,within a reasonable time, so as not to delay the services of
ENGINEER:
Crarver Contract—Professional Engineering services 1 1/13/2015
3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the
Project.
3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative
thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for
ENGINEER to perform his services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 Provide such professional legal, accounting, financial,and insurance counseling services
as may be required for the Project.
3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The City Engineer shall
have complete authority to transmit instructions, receive information, interpret and
define CITY OF FAYETTEVILLE's policies and decisions with respect to materials,
equipment,elements and systems to be used in the Project,and other matters pertinent to
the services covered by this Agreement.
3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and
provide written comments to ENGINEER in a timely manner.
SECTION 4- PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress
of the Project through completion of the services stated in the Agreement. ENGINEER will
proceed with providing the authorized services immediately upon receipt of written
authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of
the services authorized and the time in which the services are to be completed. The
anticipated schedule for this project is included as Appendix A.
SECTION 5- PAYMENTS TO ENGINEER
5.1 The maximum not-to-exceed amount authorized for this Agreement shall be based upon on a
Unit Price or Lump Sum basis as described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER'S normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Proj ect.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment
Garver Contract—Professional Engineering Services 2 1/13/2015
shall be accompanied each month by the updated project schedule as the basis for
determining the value earned as the work is accomplished. Final payment for
professional services shall be made upon CITY OF FAYETTEVILLE's approval and
acceptance with the satisfactory completion of the study and report for the Project.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed
portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF
FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed
portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to
pay invoices within 30 days of date the invoice is approved, however, payment within
30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a
condition before final payment under this Agreement, or as a termination settlement
under this Agreement, ENGINEER shall execute and deliver to CITY OF
FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising
under or by virtue of this Agreement, except claims which are specifically exempted by
ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by
State law or otherwise expressly agreed to by the parties to this Agreement, final
payment under this Agreement or settlement upon termination of this Agreement shall
not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or
his sureties under this Agreement or applicable performance and payment bonds,if any.
SECTION 6- GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in
United States Dollars)the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal
of coverage.
Garver Contract—Professional Engineering services 3 1/13/2015
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and
their officers, directors, agents, or employees for damage covered by property insurance
during and after the completion of ENGINEER's services.
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE
will promptly report to ENGINEER any defects or suspected defects in ENGINEER's
services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can
take measures to minimize the consequences of such a defect. CITY OF
FAYETTEVILLE retains all remedies to recover for its damages caused by any
negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs
and schedules, operation and maintenance costs, equipment characteristics and
performance, and operating results are based on ENGINEER's experience,
qualifications, and judgment as a design professional. Since ENGINEER has no control
over weather, cost and availability of labor, material and equipment, labor productivity,
construction Contractors' procedures and methods, unavoidable delays, construction
Contractors' methods of determining prices, economic conditions, competitive bidding
or market conditions, and other factors affecting such cost opinions or projections,
ENGINEER does not guarantee that actual rates, costs, performance, schedules, and
related items will not vary from cost opinions and projections prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general
scope of ENGINEER's services, with an appropriate change in compensation and
schedule only after Fayetteville City Council approval of such proposed changes and,
upon execution of a mutually acceptable amendment or change order signed by the
Mayor of the CITY OF FAYETTEVILLE and the duty authorized officer of
ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the
event of substantial failure by the other party to fulfill its obligations under this
Agreement through no fault of the terminating party, provided that no termination may
be effected unless the other party is given:
6.5.1.1 Not less than ten(10) calendar days written notice(delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience,provided that ENGINEER is given:
Garver Contract—Professional Engineering Services 4 1/13/2015
6.5.2.1 Not less than ten(10) calendar days written notice(delivered by certified mail, return
receipt requested)of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable
adjustment in the price provided for in this Agreement shall be made,but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other
work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover
any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's
default.
6.5.4 If termination for default is effected by ENGINEER,or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a
reasonable profit for services or other work performed. The equitable adjustment for
any termination shall provide for payment to ENGINEER for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by ENGINEER relating to commitments which had become firm
prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above,ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work(unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data,
drawings, specifications, reports, estimates, summaries and such other information
and materials as may have been accumulated by ENGINEER in performing this
Agreement,whether completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE
may take over the work and may award another party an agreement to complete the
work under this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the
temlination shall be deemed to have been for the convenience of CITY OF
FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as
provided in Paragraph 6.5.4 of this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER's reasonable control,
ENGINEER shall be entitled to additional compensation and time for reasonable costs
incurred by ENGINEER in temporarily closing down or delaying the Project.
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6.7 Rights and Benefits
6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way
are related to, this Agreement, including, but not limited to the interpretation of this
Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF
FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes
concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first
negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior
to exhaustion of these procedures, such action shall be stayed,upon application by either
party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4
have been complied with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the
occurrence of any incident, action, or failure to act upon which a claim is based, the
party seeking relief shall serve the other party with a written Notice;
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or
first observance of defect or damage. In both instances, the Notice shall specify the
nature and amount of relief sought, the reason relief should be granted, and the
appropriate portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY
OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If
the dispute cannot be resolved at that level, then, upon written request of either side, the
matter shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such
other location as is agreed upon within 30 days of the written request to resolve the
dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER's
employees and the importance of ENGINEER's public relations, ENGINEER may
prepare publications, such as technical papers, articles for periodicals, and press releases,
pertaining to ENGINEER's services for the Project. Such publications will be provided
to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance
review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide
CITY OF FAYETTEVELLE's comments to ENGINEER. CITY OF FAYETTEVILLE
Garver Contract—Professional Engineering services 6 1/13/2015
may require deletion of proprietary data or confidential information from such
publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold
approval. The cost of ENGINEER's activities pertaining to any such publication shall be
for ENGINEER's account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend,and hold harmless CITY OF FAYETTEVILLE and ENGINEER from
and against any and all loss where loss is caused or incurred or alleged to be caused or
incurred in whole or in part as a result of the negligence or other actionable fault of the
Contractors,or their employees,agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings,
disks of CADD drawings and cross sections, estimates, specification field notes, and data
are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain
reproduced copies of drawings and copies of other documents.
6.12.2 Engineering documents, drawings, and specifications prepared by ENGINEER as part of
the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER
has been compensated for all Services rendered, provided, however, that ENGINEER
shall have the unrestricted right to their use. ENGINEER shall,however, retain its rights
in its standard drawings details, specifications, databases, computer software, and other
proprietary property. Rights to intellectual property developed, utilized, or modified in
the performance of the Services shall remain the property of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as
to the compatibility of these files with any other system or software. Because of the
potential degradation of electronic medium over time, in the event of a conflict between
the sealed original drawingsihard copies and the electronic files,the sealed drawings/hard
copies will govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the
appropriate party at the following addresses:
CITY OF FAYETTEVILLE's address:
125 West Mountain Street
Fayetteville,Arkansas 72701
ENGINEER's address:
2049 E.Joyce Blvd, Suite 400
Fayetteville,Arkansas 72703
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