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Home My WebLink About2015-12-08 - Agendas - Archive December 8,2015 Tentative Agenda Page 1 of 981 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 e Form-M r� Meeting Agenda - Tentative Agenda Tuesday, December 8, 2015 4:30 PM City Hall Room 326 City Council Agenda Session 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 December 8,2015 Tentative Agenda Page 2 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 Agenda Additions A. Consent: A. 1 2014-0517 APPROVAL OF THE NOVEMBER 17, 2015 AND DECEMBER 1, 2015 CITY COUNCIL MEETING MINUTES. 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 City or Fayetteville,Arkansas Page 2 Printed on 121212015 December 8,2015 Tentative Agenda Page 3 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 YEARTERMS Attachments: Lake Fay Boat Dock Contractor- Legistar Packet 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 City or Fayetteville,Arkansas Page 3 Printed on 121212015 December 8,2015 Tentative Agenda Page 4 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 A. 9 2015-0565 DAUGHERTY& DAUGHERTY INVESTMENTS,LLC D/B/A 1ST 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 Employment Staffing Services Agenda Packet 11-25-15 City or Fayetteville,Arkansas Page 4 Printed on 121212015 December 8,2015 Tentative Agenda Page 5 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda A. 10 2015-0568 BID NO. 14-64 ROGERS IRON AND METAL CORPORATION: A RESOLUTION TO AWARD BID NO. 14-64 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 A. 11 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. 12 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 or Fayetteville,Arkansas Page 5 Printed on 121212015 December 8,2015 Tentative Agenda Page 6 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda A. 13 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. 14 2015-0557 BID NO. 15-63 MODERN ACCESS CONTROL,INC.: A RESOLUTION TO AWARD BID NO. 15-63 AND AUTHORIZE A CONTRACT WITH MODERN ACCESS CONTROL, 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 A. 15 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 B. Unfinished Business: City or Fayetteville,Arkansas Page 6 Printed on 121212015 December 8,2015 Tentative Agenda Page 7 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 Additional Memo Amend Chapter 97 Parks and Recreation 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. 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 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 or Fayetteville,Arkansas Page 7 Printed on 121212015 December 8,2015 Tentative Agenda Page 8 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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. 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 2015-0579 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 City or Fayetteville,Arkansas Page 8 Printed on 121212015 December 8,2015 Tentative Agenda Page 9 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda C. 2 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 C. 3 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 C. 4 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 or Fayetteville,Arkansas Page 9 Printed on 121212015 December 8,2015 Tentative Agenda Page 10 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 RPZD 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 RPZD 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 or Fayetteville,Arkansas Page 10 Printed on 121212015 December 8,2015 Tentative Agenda Page 11 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 RPZD 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 RPZD 08-2965 (AMBERWOOD PLACE) TO R-A, RESIDENTIAL-AGRICULTURAL Attachments: 15-5194 CC reports (Amberwood Place) 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 RPZD 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 or Fayetteville,Arkansas Page 11 Printed on 121212015 December 8,2015 Tentative Agenda Page 12 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 RPZD 08-3022 (STONEWOOD GARDENS)TO R-O, 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 RPZD 07-2649 (COLLEGE AVENUE TOWNHOMES)TO R-Q 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 or Fayetteville,Arkansas Page 12 Printed on 121212015 December 8,2015 Tentative Agenda Page 13 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 9:00a.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 or Fayetteville,Arkansas Page 13 Printed on 121212015 December 8,2015 Tentative Agenda Page 14 of 981 City Council Agenda Session Meeting Agenda-Tentative December 8,2015 Agenda 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 alt 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 or Fayetteville,Arkansas Page 14 Printed on 121212015 December 8,2015 Tentative Agenda City of Fayetteville, Arkansas Page 15 of 981 113 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 12/2/2015 December 8,2015 Tentative Agenda Page 16 of 981 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: December 8,2015 Tentative Agenda Page 17 of 981 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 December 8,2015 Tentative Agenda Page 18 of 981 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 December 8,2015 Tentative Agenda Page 19 of 981 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 December 8,2015 Tentative Agenda Page 20 of 981 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 Mereinafter 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 December 8,2015 Tentative Agenda Page 21 of 981 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 December 8,2015 Tentative Agenda Page 22 of 981 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 December 8,2015 Tentative Agenda Page 23 of 981 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 December 8,2015 Tentative Agenda Page 24 of 981 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 temtination 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. Crarver Contract—Professional Engineering Services 5 1/13/2015 December 8,2015 Tentative Agenda Page 25 of 981 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 December 8,2015 Tentative Agenda Page 26 of 981 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 Garver Contract—Professional Engineering services 7 1/13/2015 December 8,2015 Tentative Agenda Page 27 of 981 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7- SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications,reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter-claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be Craver Contract—Professional Engineering Services 8 1/13/2015 December 8,2015 Tentative Agenda Page 28 of 981 decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. hi addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation,claim or exception. 7.3.3 This right of access clause(with respect to financial records)applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of$10,000 affecting the price of any formally advertised,competitively awarded,fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition,except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission,percentage, brokerage, or contingent fee. Garver Contract—Professional Engineering services 9 1/13/2015 December 8,2015 Tentative Agenda Page 29 of 981 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may,by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount(as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub-consultants,prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER by its authorized officer have made and executed this Agreement as of the day and year fust above written. CITY OF FAYETTEVILLE,ARKANSAS ENGINEER BY, L By: or LionelVice Presid Scott Zotti ATTEST: (/ By: As lYt-oi- JL& By: (LttylQlgy�C Project Manager r i s ;WD OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Garver Contract—Professional Engineering Services 10 1/13/2015 December 8,2015 Tentative Agenda Page 30 of 981 APPENDIX A—SCOPE OF SERVICES- REVISED 2.1 General Generally, the scope of services includes surveying, design, and preparation of property acquisition documents for improvements to relocate City of Fayetteville owned water and wastewater facilities to accommodate roadway improvements by others, Porter Road — Highway 112/71B Widening and Interchange Improvements (AHTD Job BB0414) in Fayetteville, Arkansas. The water and sanitary sewer relocations will be along Highway 112 from Drake Street to Truckers Drive and along the southern portion of the AHTD Improvements from McConnell Avenue to the Fulbright Expressway. Specifically, the gravity sewer relocations, up to 15 inch, include approximately 5,000 linear feet, and the water line relocations, up to 12 inch, include approximately 3,000 linear feet. 2.2 Surveys 2.2.1 Design Surveys Garver will provide supplemental survey data for designing the project, and this survey will be tied to AHTD control. Garver will utilize previous survey data by others for AHTD Job BB0414, and assume the previous data is correct. Previous survey control points will be used for the supplemental survey and construction by others. Garver will not set any new survey control. In addition to topographic survey outside the limits previously surveyed, the supplemental survey will include sanitary sewer manhole rim and inverts, water facilities, and other utilities marked by utility owners. Work beyond 10 days for Design Surveys for a two man survey crew, at 10 hours per day, is Extra Work. The City of Fayetteville will reimburse Garver for ARKUPS (utility marking). Utility marking beyond $2,500 is Extra Work. 2.2.2 Property Surveys Garver will provide supplemental survey data for property surveys for preparing property acquisition documents. Work beyond 20 hours for Property Surveys for a two man survey crew is Extra Work. Garver will utilize previous record research, property deeds obtained by others for AHTD Job BB0414. Garver will subcontract with an abstractor to obtain existing easements, and Garver will show existing easements on construction drawings and property acquisition documents. The City of Fayetteville will reimburse Garver for record research. Record research beyond $3,500 is Extra Work. 2.3 Coordination Garver will furnish electronic plans and coordinate with all known utility owners potentially affected by the project. Garver will include the surveyed locations of the observable and marked utilities in the construction plans. Any special requirements by utility owners will be noted on the construction drawings. In addition to utilities, Garver will furnish final plans and coordinate approval with AHTD. Garver will also attend up to a maximum of three coordination meetings with the City of Fayetteville and other agencies as required. Garver will prepare exhibits for these meetings when appropriate. Appendix A- Scope of Services 1 of 5 14048160 Porter Road-HWY 1121716 Widening and Interchange—AHTD Job BB0414