HomeMy WebLinkAbout2011-07-12 - Agendas WATER/SEWER COMMITTEE AGENDA
Say e evi le MEETING DATE OF JULY 12, 2011
THE CITY OF FAYETTEVILLE,ARKANSAS
hRKP m
Committee: Chairperson Sarah Lewis; Aldermen: Adella Gray, Mark Kinion, Justin Tennant
Copy to: Mayor Lioneld Jordan; Sondra Smith, Don Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris
Brown, Lynn Hyke, Shannon Jones, Pr ell, Will Winn, CI-12M Hill, Allison Atha
From: David Jurgens, P. E., Utilities Director
A Fayetteville Water, Sewer and Solid Waste ComTi ee eeting will be July 12, 2011, 5:15 PM, following
the City Council Agenda Session, in room 326, Fayett elle City Hall. Proposed topics include:
1. Ca ital Pro'ect U date.
Contract Description Contractor Cost % Com lete
WL-10a Farmin ton GravitX Sewer Line Gamey Const $ 1,750,122 100%
EL-3&5 Razorback-Ha Hollow 36/42" Swr Line S J Louis Const $ 5,387,098 100.0%
CIPP 2010 Rehab-Cured in Place Pipe City Wide Insituform $ 330,000 100%
Mt Sequoyah Area Wtr/Swr Upgrades LaRue Contr $ 852,976 100%
36"W!L 36"Water Line on Township Seven Valles $ 1,783,720 100%
265 W/S Relocation &36"Wtr Line, Hwy 265 Gamey Const $ 4,989,135 5.0%
WL-13 Broyles Avenue Gravity Sewer Lines Goodwin&Goodwin $ 845,359 100.0%
WL-14 Broyles Avenue Sewer Force Mains Redford Const $ 899,626 100-0% 1--
WL-15 Broyles Avenue Sewer Pump Station Seven Valles $ 591,768 100%
BI0-1 Biosolids Solar D ing Dean Crowder $ 4,971,886 100.0%
13I0-2 Biosolids Thermal Drying Crossland Heavy $ 2,770,280 66.0%
Canterbury 500,000 Gallon Water Tower C B & I Inc. $ 1,590,091 98%
Canterbury Water Lines & Pump Station Sweetser Const $ 1,057,331 18.8%
Project is substantially complete, meaning the work can be used to execute its mission.
2. White River Use Attainability Analysis process is well underway. The revised Use Attainability Analysis
has been approved by ADEQ. Staff, ADEQ and EPA Region 6 representatives are meeting via teleconference
July 14. The White River study will be completed in summer, 2012.
3. Solid Waste Franchise Proaram Alternatives Evaluation will be distributed at the next Water, Sewer and
Solid Waste Committee meeting.
4. Elkins Outfall Line Engineering Contract with Garver Engineers is attached. When the Wastewater
Master Facilities Plan was developed and approved by the ADH and ADEQ in 2001, several sewer
transmission lines identified within the plan were deferred for future construction. They approved the plan on
the condition that these deferred projects remain included in the City's Capital Improvements Program, and be
constructed when needed. Elkins has increased their system capacity such that it now exceeds the capacity of
the existing Fayetteville sewer line that carries flow from the end of the Elkins wastewater system and much of
southeast Fayetteville. Thus, this gravity line now needs to be upsized. As part of the Plan, Garver Engineers
was selected through the professional selection process to perform engineering design on all of the sewer lines
in the White River basin, including preliminary design on this sewer line. The design is currently 80% complete.
Under this contract, Garver shall provide design and limited surveying services to assist the City in the
replacement of approximately 4,350 feet of existing 10 inch gravity sewer from the outfall of the Elkins sewer
force main to the Mally Wagon sewer lift station with an 18 inch gravity sewer. Construction will be funded with
a combination of a $485,000 EPA STAG grant, a $150,000 cost share from Elkins, and wastewater impact
fees. Staff requests this item be forwarded to the full City Council.
5. Verizon Gulley Road Water Tank Cellular Antenna Agreement amendment is attached. This
amendment allows Verizon to install a generator, change out six existing antiquated antennas, and add three
new antennas. Verizon's installation design has been reviewed and is able to handle the loads created by the
antennas. The original agreement was approved in 1999. In December 2009, the City and Verizon agreed to
Water,Sewer and Solid Waste Committee Agenda Page 1 of 39 W&5 CommitteeAgenda 127ul1 Ldoc
WATER/SEWER COMMITTEE AGENDA
MEETING DATE OF JULY 12, 2011
the current contract, which has been amended twice, updating rental rates and specific renter details, including
the requirement for annual structural inspections. The current monthly rent(revenue to the City) is $1,685.70
($20,228.40 annually). Staff requests this item be forwarded to the full City Council.
6. AHTD Water/Sewer Relocation Aareement for Highway 16 East(Huntsville Road) is attached. Relocation
of existing water and sewer lines is required in preparation for the combined Arkansas Highway Department
(AHTD) and City widening of Hwy. 16 (Huntsville Rd.)from Armstrong Ave. to Stone Bridge Rd. The
preliminary design has been completed in-house by Engineering staff. The specific project details relating to
the scope of work, specifically where upgrades are being considered are still under review. This agreement
obligates the AHTD to pay an estimated 33.10% of the total project cost, or an estimated $977,972.54, and the
City to pay the remaining 66.90%, estimated at $1,976,627.27, plus an estimated additional amount of
$973,551.25 for upgrades (betterment)for a total estimated cost to the City of$2,950,178.52. These costs are
maximum amounts; the specific scope of work, and the related costs, will be determined as design is finalized
and bids awarded. It is almost certain that some of the improvements will be removed from the project to
reduce the overall cost. Staff expects to advertise for bids for the utility relocations prior to January 1, 2012.
This project is funded from a combination of water and sewer revenues and water/sewer revenue bonds. The
actual appropriations, and the budget adjustment moving the funds from the revenue bond account to the
project account, will be requested when the construction contract is awarded. Staff requests this item be
forwarded to the full City Council.
7. Biosolids Facility Gas Service Line bids will be opened July 15, 2011, for installation of 450 feet of 4-inch
steel pipe underneath the White River. This pipe, plus approximately 6,600' of pipe that will be installed using
in-house crews, will connect gas service from the gas meter at the Noland WWTF on Fox Hunter Road to the
biosolids site on Wyman Road east of the White River. The pipeline is required to put the thermal dryer in
service; the dryer is scheduled for completion September 9, 2011. Once completed, we will be able to dry all
biosolids in house, preventing hauling to landfills, and allow for virtually unrestricted and unlimited use of the
product. Bids are expected to be from $75,000 to $95,000; we anticipate up to four firms will submit bids. Due
to the short time line, Staff requests this item be allowed to go forwarded to the full City Council for the
August 2 meeting, assuming bids are in the expected range.
8. Industrial Extra Stenath Surcharge Rates are being evaluated by staff. In early 2011, due to the
discovery of minerals issues that may impact the Noland WWTF National Pollutant Discharge Elimination
System (NPDES), City staff met individually with industries that may be impacted by the potential new permit
limits. During these discussions, staff was requested to review the industrial surcharge rates relating
specifically to biochemical oxygen demand (BOD). Staff evaluated both the in-house costs relating to treating
high concentrations of BOD as well as comparing our rates to those of other Northwest Arkansas cities.
Details are in the attached memo.
9. Highway 265/Crossover Water/Sewer Relocation Easement Condemnations have been filed and orders
of possession acquired. Easements have been acquired from 27 of 29 owners. We are still negotiating. Two
new easements were added with the extension north of Joyce; one of these two has been ac uired.
Tract Perm Temp perm Temp
Property Owner Parcel if Easmnt Easmnt Const Damages Total
00W Easement Easement
10 John David Brown 765-!3295-000 22,883 9,603 $23,700 $ 3,500 $ 400 $27,600
10. Water/Sewer Committee Meeting is Tuesday, August 9, 2011, 5:15 p.m., room 326.
Attachments: 4 Elkins Outfall Line Engineering Contract, Garver Engineers
5 Verizon Gulley Road Water Tank Cellular Antenna Agreement amendment
6 AHTD Water/Sewer Relocation Agreement
8 Industrial Extra Stength Surcharge Rates Memorandum
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Water,Sewer and Solid Waste Committee Agenda Page 2 of 39
• CITY COUNCIL AGENDA
Tayv��etrewle M STING DATF.OF:.Il ILV 19.2011
THE CITY OF FAYETTEVILLE,ARKANSAS
ARKANSAS
www.accessfayetteville.org
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
David Jurgens, Utilities Director
Don Marr, Chief of Staff
Water/Sewer/Solid Waste Commi ee
From: Allison Atha, Utilities Capital Project
Date: July 01, 2011 ���JJJ
Subject: Approval Of Professional Engineering Services Contract with Garver, LLC for the Elkins Outfall
Sewer Line
RECOMMENDATION
Staff recommends approval of a professional engineering services agreement with Garver Engineers for design
of the Elkins Outfall Sewer Line not to exceed $20,000, with a$2,000 contingency.
BACKGROUND
When the Wastewater Master Facilities Plan was developed and approved by the Arkansas Department of
Health(ADH) and Arkansas Department of Environmental Quality(ADEQ)in 2001, several sewer transmission
lines identified within the plan were deferred for future construction. The ADEQ and ADH approved the plan
on the condition that these deferred projects remain included in the City's Capital Improvements Program, and
be constructed when needed either due to growth in southeast Fayetteville or in Elkins. Elkins has increased
their system capacity such that it now exceeds the capacity of the existing Fayetteville sewer line which receives
their flow. Thus, this gravity line now needs to be upsized. As part of the Plan, Garver Engineers was selected
through the professional selection process to perform engineering design on all of the sewer lines in the White
River basin, including preliminary design on this sewer line. The design is currently 80% complete.
DISCUSSION
Under this contract, Garver shall provide design and limited surveying services to assist the City in the
replacement of approximately 4,350 feet of existing 10 inch gravity sewer from the outfall of the Elkins sewer
force main to the Mally Wagon sewer lift station with an 18 inch gravity sewer. The pipe line being improved
carries flow from the end of the Elkins wastewater system and much of southeast Fayetteville.
BUDGET IMPACT
Funds are available in the project budget. Construction will be funded with a combination of a$485,000 EPA
STAG grant, a$150,000 cost share from Elkins, and wastewater impact fees.
Garver Contract-Elkins Outfall CCMemo Jun l.doc
Water,Sewer and Solid Waste Committee Agenda Page 3 of 39
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
GARVER, LLC
THIS AGREEMENT is made as of ,2011, by and between City of Fayetteville,
Arkansas,acting by and through its Mayor(hereinafter called CITY OF FAYETTEVILLE)and
GARVER, LLC(hereinafter called GARVER, LLC).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the investigation,planning,design,permitting,and construction of the Fayetteville Wastewater
Treatment System. Therefore, CITY OF FAYETTEVILLE and GARVER,LLC in consideration of their
mutual covenants agree as follows:
GARVER, LLC shall serve as CITY OF FAYETTEVILLE'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 GARVER,LLC'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 he undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of GARVER,LLC
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of GARVER,LLC
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.
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Water,Sewer and Solid Waste Committee Agenda Page 4 of 39
SECTION 2- BASIC SERVICES OF GARVER,LLC
2.1 General
2.1.1 Perform professional services in connection with the Project as hereinafter stated.
2.1.1.1 The Scope of Services to be furnished by GARVER,LLC during the Engineering Study
Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made
part of this Agreement.
2.1.2 GARVER,LLC shall coordinate their activities and services with the CITY OF
FAYETTEVILLE. GARVER,LLC and CITY OF FAYETTEVILLE agree that GARVER,
LLC has full responsibility for the engineering services.
2.2 Engineering Services—Elkins Outfall Line
2.2.1 Perform engineering services for the Elkins Outfall Line as described in the Scope of
Services in Appendix A.
SECTION 3- RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time,so as not to delay the services of GARVER,
LLC
3.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
3.2 Assist GARVER,LLC by placing at GARVER,LLC's disposal all available information
pertinent to the assignment including previous reports and any other data relative thereto.
3.3 Guarantee access to and make all provisions for GARVER,LLC to enter upon public and
private property as required for GARVER,LLC to perform his services under this
Agreement.
3.4 Examine all studies,reports,sketches,cost opinions,proposals, and other documents
presented by GARVER,LLC and render in writing decisions pertaining thereto.
3.5 Provide such professional legal,accounting,financial, and insurance counseling services as
may be required for the Project.
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3.6 The Utilities Engineer is the CITY OF FAYETTEVILLE's project representative with
respect to the services to be performed under this Agreement. The Utilities 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.
3.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to GARVER,LLC 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. GARVER,LLC
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 GARVER,LLC
5.1 Compensation
5.1.1 Elkins Outfall Line
The maximum not-to-exceed amount authorized for this Agreement is $20,000. The CITY OF
FAYETTEVILLE shall compensate GARVER,LLC based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.1.1.1 Subject to the City Council approval,adjustment of the not-to-exceed amount may be
made should GARVER,LLC establish and CITY OF FAYETTEVILLE agree that there
has been or is to be a significant change in scope, complexity or character of the services
to be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of
work from the time period specified in the Agreement for completion of work and such
modification warrants such adjustment. Changes, modifications or amendments in scope,
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Water,Sewer and Solid Waste Committee Agenda Page 6 of 39
price or fees to this Contract shall not be allowed without formal contract amendment
approved by the Mayor and the City Council in advance of the change in scope,cost,
fees,or delivery schedule.
5.1.1.2 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 GARVER,LLC's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the
Project. Applications for payment shall be made in accordance with a format to be
developed by GARVER,LLC and approved by CITY OF FAYETTEVILLE.
Applications for payment 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.
5.2 Statements
Statements and progress report for each calendar month will be submitted to CITY OF FAYETTEVILLE.
Statements will be based on GARVER,LLC's percent completion of the project.
5.3 Payments
All statements are payable upon receipt and due within thirty(30)days. If a portion of GARVER, LLC'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 GARVER,LLC 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
Upon satisfactory completion of the work performed under this Agreement, as a condition before final
payment under this Agreement, or as a temtination settlement under this Agreement,GARVER,LLC
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 GARVER,LLC to be set forth therein. Unless otherwise provided in this Agreement or by
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Water,Sewer and Solid Waste Committee Agenda Page 7 of 39
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 GARVER,LLC 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, GARVER,LLC 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
GARVER, LLC 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.
6.L2 CITY OF FAYETTEVILLE and GARVER, LLC 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 GARVER,LLC's services.
6.2 Professional Responsibility
6.2.1 GARVER,LLC will exercise reasonable skill,care, and diligence in the performance of
GARVER,LLC's services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will
promptly report to GARVER,LLC any defects or suspected defects in GARVER, LLC's
services of which CITY OF FAYETTEVILLE becomes aware, so that GARVER, LLC can
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Water,Sewer and Solid Waste Committee Agenda Page 8 of 39
take measures to minimize the consequences of such a defect. CITY OF FAYETTEVI LE
retains all remedies to recover for its damages caused by any negligence of GARVER,LLC
6.3 Cost Opinions and Projections
Cost opinions and projections prepared by GARVER,LLC relating to construction costs and schedules,
operation and maintenance costs,equipment characteristics and performance, and operating results are
based on GARVER,LLC's experience, qualifications, and judgment as a design professional. Since
GARVER,LLC 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,GARVER,LLC does not
guarantee that actual rates,costs,performance, schedules, and related items will not vary from cost
opinions and projections prepared by GARVER,LLC
6.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of GARVER,
LLC'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 duly authorized officer of
GARVER, LLC
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.
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Water,Sewer and Solid Waste Committee Agenda Page 9 of 39
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience,provided that GARVER,LLC is given:
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 GARVER,LLC at the time of termination may be adjusted to cover
any additional costs to CITY OF FAYETTEVILLE because of GARVER,LLC's default.
v
6.5.4 If termination for default is effected by GARVER,LLC,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 GARVER,LLC for services rendered and expenses incurred
prior to the termination, in addition to termination settlement costs reasonably incurred by
GARVER,LLC 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,GARVER,LLC
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 GARVER,LLC 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.
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6.5.7 If,after termination for failure of GARVER,LLC to fulfill contractual obligations,it is
determined that GARVER,LLC had not failed to fulfill contractual obligations,the
termination 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
In the event the services of GARVER,LLC are suspended or delayed by CITY OF FAYETTEVILLE or
by other events beyond GARVER,LLC's reasonable control,GARVER,LLC shall be entitled to
additional compensation and time for reasonable costs incurred by GARVER,LLC in temporarily closing
down or delaying the Project.
6.7 Rights and Benefits
GARVER,LLC'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 GARVER, LLC 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 GARVER,LLC 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 fust 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.
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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 GARVER,LLC 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 GARVER,LLC 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 GARVER,LLC 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 GARVER,LLC for services rendered by GARVER,LLC
6.10 Publications
Recognizing the importance of professional development on the part of GARVER,LLC's employees and
the importance of GARVER, LLC's public relations, GARVER,LLC may prepare publications, such as
technical papers,articles for periodicals,and press releases,pertaining to GARVER, LLC'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 FAYETTEVILLE's comments to GARVER, LLC CITY OF FAYETTEVILLE
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 GARVER, LLC's
activities pertaining to any such publication shall be for GARVER,LLC's account.
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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 GARVER, LLC 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 Computer Models(Not Applicable)
6.13 Ownership of Documents
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. GARVER,LLC may retain reproduced copies of drawings and copies of
Other documents.
Engineering documents,drawings,and specifications prepared by GARVER, LLC as part of the Services
shall become the property of CITY OF FAYETTEVILLE when GARVER,LLC has been compensated
for all Services rendered,provided,however,that GARVER,LLC shall have the unrestricted right to their
use. GARVER,LLC 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 GARVER,LLC
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. GARVER,LLC 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 drawings/hard copies and the electronic files,
the sealed drawings/hard copies will govern.
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Water,Sewer and Solid Waste Committee Agenda Page 13 of 39
6.14 Notices
Any Notice required under this Agreement will be in writing,addressed to the appropriate party at the
following addresses:
CITY OF FAYETTEVILLE's address:
113 West Mountain Street
Fayetteville,Arkansas 72701
GARVER,LLC's address:
2049 E.Joyce Blvd, Suite 400
Fayetteville,Arkansas 72703
6.15 Successor and Assigns
CITY OF FAYETTEVILLE and GARVER,LLC 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 GARVER,LLC shall assign, sublet,or transfer his
interest in the Agreement without the written consent of the other.
6.16 Controlling Law
This Agreement shall be subject to,interpreted and enforced according to the taws of the State of
Arkansas without regard to any conflicts of law provisions.
6.17 Entire Agreement
This Agreement represents the entire Agreement between GARVER,LLC 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 GARVER,
LLC a purchase order,no preprinted terms thereon shall become a part of this Agreement. Said purchase
order document,whether or not signed by GARVER,LLC,shall be considered as a document for CITY
OF FAYETTEVILLE's internal management of its operations.
Garver Contract!un I1 11 7/12011
Water,Sewer and Solid Waste Committee Agenda Page 14 of 39
SECTION 7- SPECIAL CONDITIONS
7.1 Additional Responsibilities of GARVER,LLC
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
GARVER, LLC 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 GARVER,LLC shall be and shall remain liable,in accordance with applicable law,for all
damages to CITY OF FAYETTEVILLE caused by GARVER, LLC'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
FAYETTEVI LLE-fumishcd data.
In recognition of the relative risks and benefits of the project to both the CITY OF
FAYETTEVILLE and Garver, LLC, the risks have been allocated such that the CITY
OF FAYETTEVILLE agrees,to the fullest extent permitted by law, to limit the liability
of the GARVER, LLC and his or her subconsultants to the CITY OF FAYETTEVILLE
and to all construction contractors and subcontractors on the project for any and all
claims,losses,costs,damages of any nature whatsoever or claims for expenses from any
cause or causes, so that the total aggregate liability of Garver, LLC and his or her
subconsultants to all those named shall not exceed amount of collectable from insurance
proceeds. Such claims and causes include, but are not limited to negligence,
professional errors or omissions, strict liability, breach of contractor warranty, and
indemnity obligations.
Engineer shall not be liable to Owner for any special, indirect, or consequential
damages,such as, but not limited to,loss of revenue or loss of anticipated profits.
7.L3 GARVER, LLC's obligations under this clause are in addition to GARVER, LLC'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 GARVER,LLC for faulty
materials,equipment, or work.
Garver Contract Jun I 1 12 7/!/2011
Water,Sewer and Solid Waste Committee Agenda Page 15 of 39
7.2 Remedies
Except as may be otherwise provided in this Agreement,all claims,counter-claims,disputes and other
matters in question between CITY OF FAYETTEVILLE and GARVER,LLC arising out of or relating to
this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 GARVER,LLC 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. GARVER,LLC shall also maintain the financial information
and data used by GARVER,LLC 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. GARVER,LLC 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. In 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:
Garver Contract Junt 1 13 7/1/2011
Water,Sewer and Solid Waste Committee Agenda Page 16 of 39
7.3.3.3.1 With respect to record pertaining directly to subagreement performance,excluding
any financial records of GARVER,LLC;
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
GARVER,LLC 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 GARVER, LLC 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.
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that GARVER,LLC or any of
GARVER, LLC'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 GARVER,LLC 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 GARVER,LLC as it could pursue
in the event of a breach of the Agreement by GARVER,LLC 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 GARVER,LLC incurs in
providing any such gratuities to any such officer or employee.
Garver Contract Jun 11 14 7112011
Water,Sewer and Solid Waste Committee Agenda Page 17 of 39
7.6 Arkansas Freedom of Information Act
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,GARVER,LLC 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
GARVER,LLC, by its authorized officer have made and executed this Agreement as of the day and year
first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor,Lioneld Jordan
ATTEST:
By:
City Clerk
GARVER LLC
Bw /
Title: Brock Hoskins, Vice President
Changes,modifications or amendments in scope,price or fees to this Contract shall not be allowed
without formal contract amendment approved by the Mayor and the City Council in advance of the
change in scope,cost, fees,or delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Garver Contract Jun 11 15 7/1/1011
Water,Sewer and Solid Waste Committee Agenda Page 18 of 39
EXHIBIT A
ELKINS OUTFALL LINE
SCOPE OF SERVICES
1.0 ENGINEER'S SERVICES
GARVER, LLC shall provide design and limited surveying services to assist the City of
Fayetteville in the replacement of approximately 4,350 feet of existing 10 inch gravity
sewer from the outfall of the Elkins sewer force main to the Mally Wagnon sewer lift
station with an 18 inch gravity sewer. The design will maintain the existing alignment
and consist of replacement of all manholes and pipe at the same location except to
connect to the sewer lift station and to correct adverse and abrupt angles. The design will
include pipe bursting the upper half of the project which is parallel to Highway 16. The
City of Fayetteville assumes responsibility for soil displacement and any damage to
adjacent utilities and structures. The design will include replacing existing 4' ID
manholes with with 4' ID manholes. More specifically, GARVER, LLC proposes to
accomplish the following:
1.1 Verification of the pipe size to accommodate future flows.
1.2 Generate all construction drawings which include a cover sheet, plan and profiles
at a 50 scale, erosion control drawings and details, and construction details.
a. Construction drawings will be based upon a basemap drawing provided by
the City of Fayetteville and manhole rim and invert information previously
obtained by GARVER, LLC under a previous agreement.
1.3 Establish an existing ground profile for the connection to the lift station
(approximately 150 linear feet).
1.4 Survey elevations of spot dug utilities.
1.5 Perform a plan-in-hand review of the construction drawings with the City of
Fayetteville and make any required minor changes before bidding.
1.6 Produce an opinion of probable construction cost.
1.7 Prepare Stormwater Pollution Prevention Plan
1.8 Wetlands Identification
Garver Contract Jun l-ExhibitA-CRB A-1 7/12011
Water,Sewer and Solid Waste Committee Agenda Page 19 of 39
2.0 CITY OF FAYETTEVILLE
The City of Fayetteville's responsibilities shall include providing the following:
2.1 Right of entry to the property.
2.2 Adjacent property owner notifications.
2.3 Previous available surveys, reports, etc.
2.4 Paying all plan review and advertising costs.
2.5 Furnishing all permits and providing permit review fees.
2.6 Provide basemap drawing based upon city planimetrics showing contours,
structures,right-of-way, property lines, easements, and all utilities including
private sewer service connections.
a. Utility locations provided by the City of Fayetteville will be derived from
GIS.
2.7 Spot digging and determination of utilities at critical locations.
2.8 Coordination and fees associated with AHTD, ADH, AQEQ,USACE, ARKUPS,
Utility Owners,Property Owners, U.S. Fish and Wildlife, and State Historic
Preservation Office. Garver will answer questions and advise the City of
Fayetteville on environmental coordination performed by the City of Fayetteville.
3.0 EXCLUSIONS
For clarification,our proposed scope of services does not include the following:
3.1 Utility relocation design other than sewer.
3.2 Sewer utility re-alignments.
3.3 Mitigation design or other work related to environmentally or historically
(culturally) significant items.
3.4 Changes to major design elements after previous direction or approval or redesign
to accommodate City of Fayetteville's budget after receipt of construction bids
that exceed the Engineer's cost opinions.
3.5 Design Surveys beyond item 1.3 above
3.6 Record Research
Garver Cont=Uunl l-BxhibitA-CRB A-2 711/1011
Water,Sewer and Solid Waste Committee Agenda Page 20 of 39
3.7 Geotechnical Services
3.8 Property Surveys
3.9 Property Acquisition Documents
3.10 Front End Construction Contract Documents and Specifications
3.11 Bidding Services
3.12 Construction Support Services
3.13 Construction Materials Testing
3.14 Services after construction
3.15 Determination of cost sharing between the City of Fayetteville and the City of
Elkins.
4.0 SCHEDULE
The time periods for the performance of GARVER, LLC's Services as set forth in
Section 4 of said Agreement are as follows:
45 calendar days from NTP
5.0 COMPENSATION
The method of payment for Services rendered by GARVER, LLC shall be as follows.
GARVER, LLC shall invoice the CITY OF FAYETTEVILLE on a lump sum basis based
upon the percent complete of the project. The total lump sum amount for all scope items
in this project shall be$20,000.
Garver Contract Jun I l-ExhibltA-CRB A-3 7YI12011
Water,Sewer and Solid Waste Committee Agenda Page 21 of 39
� THE CITY COUNCIL AGENDA
aye evlle MEETING DATE OF:JULY 19,2011
CITY OF FAYETTEVILLE,ARKANSAS
ARKpry5A5
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
David Jurgen,Utilities Director
Don Marr, Chief of Staff
Water/Sewer/Solid Waste Colin ee
From: Allison Atha,Utilities Capital Project
Date: July 01, 2011
Subject: Approval of the Third Amendment to the agreement with Verizon/Fayetteville MSA Limited
Partnership to add and replace existing equipment on the Gulley Road water tower
RECOMMENDATION
Staff recommends approval of the Third Amendment to the Agreement with Verizon/Fayetteville MSA
Limited Partnership to allow the addition of a generator, three cellular antennas, and replace six cellular
antennas on the Gulley Road water tower.
BACKGROUND
The original 5-year lease agreement between the City of Fayetteville and Verizon/Alltel was approved 21
September 1999. In December 2009,the City and Verizon agreed to the current lease contract for another 5
years.The rent(revenue to the City)increases by twenty percent(4%per year) at the beginning of each five
year renewal term. The 2009 contract has been amended twice, updating rental rates and specific renter details,
including the requirement for annual structural inspections. The current monthly rent is $1,685.70 ($20,228.40
annually).
DISCUSSION
With this amendment, Verizon is contractually allowed to install a generator, change out six existing antiquated
antennas, and add three new antennas.
The tower antenna mountings were structurally designed to carry the load of these type antennas. Verizon's
installation design has been reviewed and is able to handle the loads created by the antennas. Therefore,it is in
the City's best interest to allow this antenna to be installed upon the water tower. The rates agreed to in the
most recent contract amendment are appropriate for the service provided.
BUDGETIMPACT
None.
Gulley Verizon Amend3 CC Memo lull I modified.doc
Water,Sewer and Solid Waste Committee Agenda Page 22 of 39
Owner Site Name/Location:Gulley Road Water Tank Tenant Site Name:Mall West Beta Offload
3265 Gulley Road. Fayetteville,AR 72703 Tenant Location Code: 203600
THIRD AMENDMENT TO WATER TOWER ATTACHMENT
COMMUNICATION SITE AGREEMENT
This Third Amendment to Water Tower Attachment Communication Site Agreement
("Amendment") is made and entered into this _ day of ,20. by and between City of
Fayetteville("Owner")and Fayetteville MSA Limited Partnership d/b/a Verizon Wireless("Tenant").
WHEREAS, Owner and Tenant previously entered into a Water Tower Attachment Communication
Site Agreement dated the 20th day of October, 1999 whereby Owner agreed to lease to Tenant space
on Owner's water tower and a certain parcel of land for the installation of a structure to house Tenant's
equipment on a site owned by Owner;and
WHEREAS, Owner and Tenant previously entered into a First Amendment to Water Tower
Attachment Communications Site Agreement dated January 19,2010 and Second Amendment to Water
Tower Attachment Communications Site Agreement dated November 16, 2010 (collectively with the
Water Tower Attachment Communication Site Agreement,the"Agreement");and
WHEREAS, Owner and Tenant desire to amend and modify the Agreement as provided for in this
Amendment.
NOW THEREFORE,for good and valuable consideration the sufficiency of which is acknowledged by
both parties Owner and Tenant do hereby agree as follows:
1. Exhibit B. Exhibit B is hereby replaced and superseded with Exhibit B-1 attached hereto and
incorporated herein. In the event of any discrepancy between Exhibit B and Exhibit B-1, Exhibit B-1 shall
prevail.
2. Exhibit C-1. Exhibit C-1 is hereby replaced and superseded with Exhibit C-2 attached hereto and
incorporated herein. In the event of any discrepancy between Exhibit C-1 and Exhibit C-2, Exhibit C-2
shall prevail.
3. All remaining provisions of the Agreement shall remain in full force and effect as to all other
terms and conditions,and shall remain binding on the parties hereto.
4. The Agreement and Amendment contain all agreements, promises or understandings between
Owner and Tenant and no verbal or oral agreements, promises or understandings shall be binding upon
either the Owner or Tenant in any dispute,controversy or proceeding at law,and any addition,variation
or modification to the Agreement and Amendment shall be void and ineffective unless made in writing
and signed by the parties. In the event any provision of the Agreement and Amendment is found to be
invalid or unenforceable, such a finding shall not affect the validity and enforceability of the remaining
provislons of the Agreement and Amendment.
1
Water,Sewer and Solid Waste Committee Agenda Page 23 of 39
Owner Site Name/Location:Gulley Road Water Tank Tenant Site Name:Mall West Beta Offload
3265 Gulley Road.Fayetteville,AR 72703 Tenant Location Code:203600
IN WITNESS WHEREOF,Owner and Tenant have executed this Agreement as of the date first
written above.
OWNER:
CITY OF FAYETTEVILLE
8y:
Lioneld Jordan
Mayor
Date:
TENANT:
FAYETTEVILLE MSA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
By:Alltel Com u c t' ns,LLC
Its:Ge7� r e
By:
Hans F. Leutenegger
Area Vice rresident Network
Date:
2
Water,Sewer and Solid Waste Committee Agenda Page 24 of 39
Owner Site Name/Location:Gulley Road Water Tank Tenant Site Name: Mail West Beta Offload
3265 Gulley Road. Fayetteville,AR 72703 Tenant Location Code:203600
EXHIBIT 0-1
SITE PLAN
[SEE ATTACHED]
3
Water,Sewer and Solid Waste Committee Agenda Page 25 of 39
EXHIBIT B-I
'ITNANT 2716"x 1115''SFI ELI'M
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asci •TENANT
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® LEASE EXHIBIT
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Water,Sewer and Solid Waste Committee Agenda Page 26 of 39
Owner Site Name/Location:Gulley Road Water Tank Tenant Site Name:Mall West Beta Offload
3265 Gulley Road.Fayetteville,AR 72703 Tenant Location Code:203600
EXHIBIT C-2
EQUIPMENT DESCRIPTION
ANTENNA INFORMATION
ANTENNAS: Three(3)Antel BXA-80063-4CF5 antennas @ 123'A.G.L. rad center
Three(3)Antel BXA-70063-4CF antennas @ 123'A,G.L. rad center
Orientation: 20°/140°/260°
Diameter of transmission line: Not to exceed 7/8"
GROUND EQUIPMENT INFORMATION
Size of Equipment Shelter: 27'6"x 11'S"
Size of Generator Pad:4'x 10'for placement of generator
4
Water,Sewer and Solid Waste Committee Agenda Page 27 of 39
Owner Site Name/Location: Gulley Road Water Tank Tenant Site Name:Mall West Beta Offload
3265 Gulley Road. Fayetteville, AR 72703 Tenant Location Code:203600
PREPARED BY AND
AFTER RECORDING RETURN TO:
PENNINGTON LAW FIRM, L.L.C.
POST OFFICE BOX 2844
COLUMBIA, SOUTH CAROLINA 29202
STATE OF ARKANSAS }
1
COUNTY OF WASHINGTON I
MEMORANDUM OF THIRD AMENDMENT TO
WATER TOWER ATTACHMENT COMMUNICATION SITE AGREEMENT
This Memorandum of Third Amendment to Water Tower Attachment
Communication Site Agreement ("Memorandum") is made this day of
20 , between CITY OF FAYETTEVILLE (hereinafter "(5WNER") and
FAYETTEVILLE MSA LIMITED PARTNERSHIP d/b/a Verizon Wireless (hereinafter
"TENANT").
WHEREAS, OWNER and TENANT (and/or their respective predecessors in
interest) previously entered into a prior agreement dated October 20, 1999 (the
"Agreement"), as may have been previously amended and;
WHEREAS, this Memorandum is not intended to supersede, replace, or
release TENANT's rights under any prior recorded Memorandum;
1 . OWNER and TENANT entered into a Third Amendment to Water
Tower Attachment Communication Site Agreement (the "Amendment") dated
20 , which amends that certain Water Tower Attachment
I
Water,Sewer and Solid Waste Committee Agenda Page 28 of 39
Communication Site Agreement dated October 20, 1999 (the "Agreement'),
between OWNER and TENANT and/or their respective predecessors-in-interest,
whereby OWNER leases space to TENANT at a certain parcel located in
Washington County, Arkansas as described in the Agreement.
2. Pursuant to the terms of the Amendment, the property leased by
TENANT from OWNER has been modified as shown on Exhibit 1 attached hereto
and made a part hereof.
3. The terms, covenants and provisions of the Agreement and this
Amendment shall extend to and be binding upon the respective administrators,
successors and assigns of OWNER and TENANT.
IN WITNESS WHEREOF, hereunto OWNER and TENANT have caused this
Memorandum to be duly executed on the day and year first written above.
OWNER:
CITY OF FAYETTVILLE
By: (Seal)
Witness Name: Lioneld Jordan
Title: Mayor
Date:
TENANT:
FAYETTEVILLE MSA LIMITED
PARTNERSHIP D/B/A VERIZON
WIRELESS
By: Alltel o nications, LLC
Its: Goner I er
By: (Seal)
Witness Name: ans F. Leutenegger
Title: Area Vice resident Network
Date: 11
�r-
2
Water,Sewer and Solid Waste Committee Agenda Page 29 of 39
STATE OF
OWNER ACKNOWLEDGEMENT
COUNTY OF
I, , a Notary Public for the aforesaid State and County,
do hereby certify that Lioneld Jordan, to me personally known,, who, being by me
duly sworn, did say that he is the Mayor, of CITY OF FAYETTEVILLE, and that he,
as Mayor, being authorized to do so, executed the foregoing Instrument on behalf
of CITY OF FAYETTEVILLE.
WITNESS my hand and official Notarial Seal, this _ day of , 20_.
Notary Public
My Commission Expires:
3
Water,Sewer and Solid Waste Committee Agenda Page 30 of 39