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HomeMy WebLinkAbout2013-03-05 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS Ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting March 05, 2013 A meeting of the Fayetteville City Council will be held on March 05, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the February 19, 2013 City Council meeting minutes. APPROVED 2. 2013 Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2013. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 37-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Transportation Bond Trail Improvements: A resolution approving a budget adjustment in the total amount of$4,296.00 recognizing unappropriated bond monies for trail improvements. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 38-13 4. Ozarks Electric Cooperative Corporation Easement: A resolution authorizing the transfer of an easement interest to Ozarks Electric Cooperative Corporation on certain city-owned property near the Noland Wastewater Treatment Facility to provide for a relocation of electrical utility service. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 39-13 5. Bid #13-16 Scurlock Industries: A resolution awarding Bid #13-16 and authorizing the purchase of precast box culvert sections from Scurlock Industries of Fayetteville in the total amount of$71,404.71 for the construction of a trail tunnel for the TSA LA GI Trail, and approving a five percent (5%)project contingency. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 40-13 6. Mahler Property Donation: A resolution authorizing acceptance of a donation of 1.21 acres of property from Lori and Alex Mahler near Cato Springs Road to be utilized for the future Cato Springs Trail Trailhead. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 41-13 7. Garland Avenue Widening and Improvement Project: A resolution approving a settlement agreement with Glen David Wilson, Trustee, Timothy Hinkle, Trustee, and Linda Hinkle regarding condemnation litigation filed as part of the N. Garland Avenue Widening and Improvement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 42-13 B. Unfinished Business: 1. McClelland Consulting Engineers: A resolution approving a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges, and approving a budget adjustment recognizing federal grant revenue in the amount of $223,257.00. This resolution was tabled at the February 19, 2013 City Council meeting to the March 5, 2013 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 43-13 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. Senate Bill 101 Opposition: A resolution to express the City Council's opposition to Senate Bill 101, The Video Services Act, and to request our Senators and Representatives and all Arkansas Legislators to reject this unfair and unneeded bill. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 44-13 2. Senate Bill 367 Opposition: A resolution to oppose Senate Bill 367's endangering all of Fayetteville's development regulations. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 45-13 3. Avfuel Corporation Contract: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Avfuel Corporation to provide interim aviation fuel and refueler trucks to the Fayetteville Executive Airport for a period not to exceed ninety (90) days, pending a permanent competitively solicited and awarded contract. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5566 4. Kum & Go Land Sale Proceeds: A resolution stating the intent of the City Council of the City of Fayetteville to use the majority of the proceeds from the land sale to Kum & Go, LC for improvements to the remaining city-owned property and adjacent neighborhoods. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 46-13 5. Planning Commission Compensation: A resolution to request the Administration to resume paying monthly compensation to the Fayetteville Planning Commissioners. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 47-13 6. VAC 13-4298 (1253 W. Showroom Dr./Fiat of Fayetteville): An ordinance approving VAC 13-4298 submitted by Crafton Tull and Associates for property located at 1253 West Showroom Drive to vacate an utility easement, a total of 0.08 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5567 7. Illinois River Watershed Partnership: An ordinance waiving the requirement for bids by applying §34.23(F) Purchases and Contracts Not in Excess of $20,000.00 of the Fayetteville Code of Ordinances and approving a contract with the Illinois River Watershed Partnership in the amount of$10,000.00 for watershed education and planning services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5568 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 8. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a Memorandum of Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of $42,240.78 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater Permit requirements. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5569 9. Amend Chapter 166 Development: An ordinance amending subsection 166.04(l)(ii)(f) of Chapter 166 Development of the Unified Development Code to change the dedication ratios related to Parkland Dedications. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5570 10. Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. TABLED TO THE MARCH 19, 2013 CITY COUNCIL MEETING 11. Employee Compensation Adjustment for 2013: A resolution approving a budget adjustment in the amount of$1,330,000.00 to facilitate city-wide employee compensation adjustments for 2013, and approving Police and Fire Pay Plan Grids. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 48-13 D. City Council Agenda Session Presentations: 1. Tyson Building Demolition Plan Discussion—David Jurgens and Paul Becker E. City Council Tours: 1. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 2. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 8:10 p.m. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: March 5, 2013 Adjourn: Subject: Roll Schoppmeyer Adams ah%AJ Long ✓ �5 Gray ✓ Marsh ✓ Kinion ✓ Petty i✓ Tennant Mayor Jordan Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: March 5,2013 Subject: Consent Motion To: App ►'8 vt°� Motion By: rCAA OAJ Seconded: e n iPar .h Schoppmeyer i/ YM1 i nNn'`® Adams QBSe�t Long P Gray r/ Marsh ✓ 31 - i 3 Kinion _ i ,�, , Petty ✓ � Tennant 4491- 13 Mayor Jordan 7-0 Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: March 5,2013 Subject: McClelland Consulting Engineers Motion To: Oqe" Motion By: Seconded: P JA B. 1 Schoppmeyer Unfinished Ad,,, Business Long Gray ✓ Marsh ✓ Kinion ✓ Petty ✓ Tennant ✓ Mayor Jordan 7-0 Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan City Council Meeting: March 5,2013 Subject: Senate Bill 101 Opposition Motion To: pro JG Motion By: Seconded: L C. 1 Schoppmeyer ,/ New Adams N se A ' Business Long ✓ Gray Vol" Marsh ✓ Kinion r/ Petty ✓� Tennant ✓ Mayor Jordan 7-0 Subject: Senate Bill 367 Opposition Motion To: Motion By: Seconded: C 2 Schoppmeyer f New Adams 050- Business Long Gray Marsh Kinion Petty Tennant (3 Mayor Jordan To City Council Meeting: March 5,2013 Subject: Avfuel Corporation Contract Motion To: And 3rGi Motion By: Seconded: n C. 3 Schoppmeyer New Adams Business Long v Gray ✓ ,/ Marsh / ,/ ✓ Kinion ✓ Petty Ci. sm+ rll a fisf.- na U56rk c avl }e, W c. Tennant ✓ ✓ Mayor Jordan 'o -b Subject: Kum & Go Land Sale Proceeds Motion To: Motion By: / Seconded: �0 C. 4 Schoppmeyer New AdamsS Business Long Gray r/ V-- Marsh Marsh ✓ f Kinion ✓ ✓ Petty c✓ Tennant Mayor Jordan 7-o �.p City Council Meeting: March 5,2013 Subject: Planning Commission Compensation Motion To: +'►+ ,t -�t 4307s- /00-� Motion By: -72,nnaAp Seconded: M . C. 5 Schoppmeyer ✓ New Adams e�l/St Q�iSe+tif Business Long Gray ✓ ✓ (Aar Marsh ✓ Kinion ✓ ✓ Petty a✓ ✓ Tennant 49 -n Mayor Jordan ,7-0 7-0 Subject: VAC 13-4298 (1253 W. Showroom Dr./Fiat of Fayetteville) Motion To: ^ 3rd /el ' Motion By: f Seconded: Ac;h,ft, C. 6 Schoppmeyer L/ ✓ f New Adams Business Long ✓ ✓ ✓ Gray f r✓' Marsh ✓ woe, Kinion ✓ o✓ ✓ Petty ./ f ✓ Tennant Mayor Jordan 7-0 7-0 7-0 City Council Meeting: March 5,2013 Subject: Illinois River Watershed Partnership Motion To: n Motion By: Seconded: C 7 Schoppmeyer ,/ ✓ ✓ New Adams c�sch�- CAst�* Q,bserv�' Business Long ✓ ✓� Gray ✓ ✓ �/ MarshPAAAJ ✓ ✓ Kinion ✓ ✓ ✓ Petty, ✓ ,s" ✓ Tennant 5 Mayor Jordan 7-0 ?-U Subject: Regional Urban Stormwater Education Program Motion To: a 3rd ca Motion By: X�, n Seconded: (� C 8 Schoppmeyer New Adams a: . Business Long ✓ ,✓ ✓ Gray ✓ ✓ ✓ Marsh ✓ '"'� ✓ P Kinion ✓ '� Petty ✓� "� Tennant Mayor Jordan City Council Meeting: March 5,2013 Subject: Amend Cha ter 166 Development Motion To: rd Motion By: jG�`a�tD n /� Seconded: E C. 9 Schoppmeyer Ll y/ New, Adams 615 C04- Q,bSGw Business Long ✓ ✓ ✓ Gray ✓ ✓ ✓ Marsh ✓ t/ Kinion ✓ ✓` ✓ Petty � vOtG � ✓ Tennant e✓ 5 5�D Mayor Jordan e� q Subject: Wedin ton Corridor Neighborhood Master Plan Motion To: oLaRc 4v 6 2A Motion By: Seconded: C. 10 Schoppmeyer New Adams Business Long ✓ Gray Marsh 1✓ AJ`C'6' Kinion ✓ t9, 20/3 Petty ✓ Tennant Mayor Jordan 7 City Council Meeting: March 5,2013 Subject: Employee Compensation Adjustment for 2013 Motion To: Motion By: Piz Seconded: C. 11 Schoppmeyer New Adams "S c— Business Long ✓ Gray ✓ p �► Marsh ✓ Kinion ✓ Petty ✓ Tennant Mayor Jordan -7-0 Subject: Motion To: Motion By: Seconded: Schoppmeyer Adams Long Gray Marsh Kinion Petty Tennant Mayor Jordan • aEIL ye evl a Departmental Correspondence ARKANSAS LEGAL • • DEPARTMENT Kit Williams City Attorney Jason B.Kelley Assistant City Attorney TO: Mayor Jordan THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney 44-t__� DATE: March 6, 2013 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of March 5, 2013 1. 2013 Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2013. 2. Transportation Bond Trail Improvements: A resolution approving a budget adjustment in the total amount of $4,296.00 recognizing unappropriated bond monies for trail improvements. 3. Ozarks Electric Cooperative Corporation Easement: A resolution authorizing the transfer of an easement interest to Ozarks Electric Cooperative Corporation on certain city-owned property near the Noland Wastewater Treatment Facility to provide for a relocation of electrical utility service. 4. Bid #13-16 Scurlock Industries: A resolution awarding Bid #13-16 and authorizing the purchase of precast box culvert sections from Scurlock Industries of Fayetteville in the total amount of $71,404.71 for the construction of a trail tunnel for the TSA LA GI Trail, and approving a 5% project contingency. 5. Mahler Property Donation: A resolution authorizing acceptance of a donation of 1.21 acres of property from Lori and Alex Mahler near Cato Springs Road to be utilized for the future Cato Springs Trail Trailhead. 6. Garland Avenue Widening and Improvement Project: A resolution approving a settlement agreement with Glen David Wilson, Trustee, Timothy Hinkle, Trustee, and Linda Hinkle regarding condemnation litigation filed as part of the N.,Garland Avenue Widening and Improvement Project. 7. McClelland Consulting Engineers: A resolution approving a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges, and approving a budget adjustment recognizing federal grant revenue in the amount of$223,257.00. 8. Opposition to Senate Bill 101: A resolution to express the City Council's opposition to Senate Bill 101, the Video Services Act, and to request our Senators and Representatives and all Arkansas legislators to reject this unfair and unneeded bill. 9. Opposition to Senate Bill 367: A resolution to oppose Senate Bill 367's endangering all of Fayetteville's development regulations. 10. Avfuel Corporation Contract: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Avfuel Corporation to provide interim aviation fuel and refueler trucks to the Fayetteville Executive Airport for a period not to exceed 90 days pending a permanent competitively solicited and awarded contract. 11. Kum & Go Land Sale Proceeds: A resolution to request the administration develop a site plan, identify connectivity, evaluate repurposing of portions of the factory and ensure at least 75% of the non-hazardous demolition waste be recycled or reused for the old Tyson factory site. 12. Compensation for Planning Commissioners: A resolution to request the Administration resume paying monthly compensation to the Fayetteville Planning Commissioners. 13. Illinois River Watershed Partnership: An ordinance waiving the requirement for bids by applying §34.23(F) Purchases and Contracts Not in Excess of $20,000.00 of the Fayetteville Code of Ordinances and approving a contract with the Illinois River Watershed Partnership in the amount of $10,000.00 for watershed education and planning services. 2 14. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a Memorandum of Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of $42,240.78 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater Permit requirements. 15. Amend Chapter 166 Development: An ordinance amending §166.04(i)(ii)(f) of Chapter 166 Development of the Unified Development Code to change the dedication ratios related to Parkland Dedications. 16. 2013 Employee Compensation: A resolution approving a budget adjustment in the amount of $1,330,000.00 to facilitate city-wide employee compensation adjustments for 2013, and approving police and fire pay plan grids. 3 Aldermen Mayor Lioneld Jordan Ward I Position 1 —Adella Gray Faye eel e Ward 1 Position 2—Sarah Marsh City Attorney Kit Williams Ward 2 Position 1—Mark Kinion Ward Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position 1—Justin Tennant ARKANSAS ward 3 Position 2—Martin W. Schoppmeyer,Jr. Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Alan T.Long Final Agenda City of Fayetteville Arkansas City Council Meeting March 05, 2013 A meeting of the Fayetteville City Council will be held on March 05, 2013 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions: A. Consent: 1. Approval of the February 19, 2013 City Council meeting minutes. 2. 2013 Overlay/Sidewalk Projects: A resolution approving the Transportation Division Overlay/Sidewalk Projects list for 2013. 3. Transportation Bond Trail Improvements: A resolution approving a budget adjustment in the total amount of$4,296.00 recognizing unappropriated bond monies for trail improvements. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 4. Ozarks Electric Cooperative Corporation Easement: A resolution authorizing the transfer of an easement interest to Ozarks Electric Cooperative Corporation on certain city-owned property near the Noland Wastewater Treatment Facility to provide for a relocation of electrical utility service. 5. Bid #13-16 Scurlock Industries: A resolution awarding Bid #13-16 and authorizing the purchase of precast box culvert sections from Scurlock Industries of Fayetteville in the total amount of$71,404.71 for the construction of a trail tunnel for the TSA LA GI Trail, and approving a five percent(5%)project contingency. 6. Mahler Property Donation: A resolution authorizing acceptance of a donation of 1.21 acres of property from Lori and Alex Mahler near Cato Springs Road to be utilized for the future Cato Springs Trail Trailhead. 7. Garland Avenue Widening and Improvement Project: A resolution approving a settlement agreement with Glen David Wilson, Trustee, Timothy Hinkle, Trustee, and Linda Hinkle regarding condemnation litigation filed as part of the N. Garland Avenue Widening and Improvement Project. B. Unfinished Business: 1. McClelland Consulting Engineers: A resolution approving a professional engineering design services agreement with McClelland Consulting Engineers in the amount of $279,045.55 for the rehabilitation of the historic Maple Street and Lafayette Street bridges, and approving a budget adjustment recognizing federal grant revenue in the amount of $223,257.00. This resolution was tabled at the February 19, 2013 City Council meeting to the March 5, 2013 City Council meeting. C. New Business: 1. Senate Bill 101 Opposition: A resolution to express the City Council's opposition to Senate Bill 101, The Video Services Act, and to request our Senators and Representatives and all Arkansas Legislators to reject this unfair and unneeded bill. 2. Senate Bill 367 Opposition: A resolution to oppose Senate Bill 367's endangering all of Fayetteville's development regulations. 3. Avfuel Corporation Contract: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Avfuel Corporation to provide interim aviation fuel and refueler trucks to the Fayetteville Executive Airport for a period not to exceed ninety (90) days, pending a permanent competitively solicited and awarded contract. 4. Kum & Go Land Sale Proceeds: A resolution stating the intent of the City Council of the City of Fayetteville to use the majority of the proceeds from the land sale to Kum & Go, LC for improvements to the remaining city-owned property and adjacent neighborhoods. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 5. Planning Commission Compensation: A resolution to request the Administration to resume paying monthly compensation to the Fayetteville Planning Commissioners. 6. VAC 13-4298 (1253 W. Showroom Dr./Fiat of Fayetteville): An ordinance approving VAC 13-4298 submitted by Crafton Tull and Associates for property located at 1253 West Showroom Drive to vacate an utility easement, a total of 0.08 acres. 7. Illinois River Watershed Partnership: An ordinance waiving the requirement for bids by applying §34.23(F) Purchases and Contracts Not in Excess of $20,000.00 of the Fayetteville Code of Ordinances and approving a contract with the Illinois River Watershed Partnership in the amount of$10,000.00 for watershed education and planning services. 8. Regional Urban Stormwater Education Program: An ordinance waiving the requirements of formal competitive bidding and approving a Memorandum of Understanding with the MS4 Jurisdictions and the Northwest Arkansas Regional Planning Commission in the amount of $42,240.78 for the Regional Urban Stormwater Education Program to be provided by the University of Arkansas Cooperative Extension Service to satisfy portions of the NPDES Phase II Stormwater Permit requirements. 9. Amend Chapter 166 Development: An ordinance amending subsection 166.04(1)(ii)(f) of Chapter 166 Development of the Unified Development Code to change the dedication ratios related to Parkland Dedications. 10. Wedington Corridor Neighborhood Master Plan: A resolution to adopt the Wedington Corridor Neighborhood Master Plan vision document and illustrative master plan. 11. Employee Compensation Adjustment for 2013: A resolution approving a budget adjustment in the amount of$1,330,000.00 to facilitate city-wide employee compensation adjustments for 2013, and approving Police and Fire Pay Plan Grids. D. City Council Agenda Session Presentations: 1. Tyson Building Demolition Plan Discussion—David Jurgens and Paul Becker E. City Council Tours: 1. April 8, 2013 5:00 PM Westside Wastewater Treatment Plant 2. May 6, 2013 5:00 PM Noland Wastewater Treatment Plant and Biosolids Management Site F. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may address the City Council on agenda items of New and Old Business. Please wait for the Mayor to request public comment and then come to the podium, give your name, address, and comments about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is only allowed one turn at the microphone for discussion of an agenda item. All cell phones must be silenced and may not be used within the City Council Chambers. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda additions. A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda. Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Old business and new business. Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council meeting as part of their presentation. Public comments. Public comment shall be allowed for all members of the audience on all items of old and new business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the Aldermen and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter, please call 575-8330. A copy of the complete City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 W. Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 B. 1 McClelland Consulting Engineers Page 1 of 42 Fay e eviile THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT[ORRESPONDENtE ARKANSAS CITY COUNCIL AGENDA MEMO Council Meeting of February 19,2013 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, City Engineer Date: February 27, 2013 Subject: A Resolution approving an Agreement with McClelland Consulting Engineers, Inc. for professional services for the rehabilitation of the historic Maple Street Bridge and Lafayette Street Bridge in the amount of$279;045.55 and approve a Budget Adjustment. BACKGROUND: This project is located in central Fayetteville on the east side of the University of Arkansas campus on Maple Street and Lafayette Street over a single track of the Arkansas& Missouri Railroad. It is the intention of the City of Fayetteville to restore both historic bridges to their original beauty and to thus set a high example for restoration for a municipality in Arkansas and the United States. The following background is taken from the National Register of Historic Places Registration form for each bridge: Maple Street Overpass Significance "Constructed in 1936, The Maple Street Overpass is associated with the Arkansas Highway and Transportation Era historic context and is of the open masonry substructure type. Constructed under the authority of the St. Louis-San Francisco Railroad, the Arkansas State Highway Commission and the United States Bureau of Public Roads, it was designed by Frederick Lutt Johann, the well-known bridge designer who did an assortment of other work in Arkansas. Given its intact condition it retains sufficient integrity to remain associated with its historic period and with the Lutt Johann Bridge Company that constructed it." Description "Located on Maple Street at the point where it crosses the(former)Frisco Railroad line, the Maple Street Overpass is of reinforced concrete construction and consists of a single deck span supported by an arched substructure that transfers the load to the approach abutments. It is approximately 60 feet in length and 25 feet in width at its widest point. Its abutment and pier material is reinforced concrete, and its deck material is B. 1 McClelland Consulting Engineers Page 2 of 42 THE CITY OF FAYETTEVILLE,ARKANSA asphalt laid over reinforced concrete. A decorative Art Deco-style balustrade with original inset lighting fixtures borders the pedestrian sidewalk on either side of the deck." Listed individually on the National Register of Historic Places on 5/26/95, #WA0795. Lafayette Street Overpass Significance "Constructed in 1938 by the contractor Ed. B. Mooney, Inc.,the Lafayette Street Overpass is associated with the Arkansas Highway and Transportation Era historic context and is of the open masonry substructure type. Constructed under the authority of the St. Louis-San Francisco Railroad, the Arkansas State Highway Commission and the United States Bureau of Public Roads, its designer is not known. Given its intact condition it retains sufficient integrity to remain associated with its historic period, and stands as the best example of an Art Deco-influenced concrete bridge in Fayetteville." Description "Located on Lafayette Street at the point where it crosses the (former)Frisco Railroad line,the Lafayette Street Overpass is of reinforced concrete construction and consists of a three-span deck resting upon by two reinforced concrete supports(or three connected piers each) placed to either side of the railroad tracks and solid concrete abutments beneath the approaches. It is approximately 120 feet in length and 30 feet in width at its widest point. Its abutment and pier material is reinforced concrete, and its deck material is asphalt laid over reinforced concrete. A decorative metal balustrade connects substantial concrete posts that feature original inset lighting fixtures, and the balustrade borders the pedestrian sidewalk on either side of the deck." Listed individually on the National Register of Historic Places on 5/26/95,#WA0239. On February 16, 2011 in response to a letter from the City requesting federal funding for the Maple and Lafayette Street historic bridges,the City received a letter from the Arkansas State Highway and Transportation Department advising that the subject bridges qualify for funding from the Federal-aid Highway Bridge Replacement and Rehabilitation Program (HBRRP)to restore both bridges. The HBRRP utilizes 80% Federal-aid and 20% local matching funds with a limitation of$1 million in Federal-aid available per project. In subsequent correspondence,the AHTD also confirmed that the two bridges may be combined into a single project for purposes of the program. The total estimate for rehabilitation of the two bridges (including deck replacement of the Maple Street bridge) is approximately $1.4 million. A request for Letters Of Interest was advertised on April 20, 2012 and the City received two valid responses on May 16`". On May 25`h, a Selection Committee containing City Staff and one City Council Member convened and voted to request proposals from both firms. RFQ's were sent to both firms on July 3'd with a due date of July 27th. On July 30, 2012, a selection committee consisting of City staff and Alderman Bobby Ferrell selected McClelland Consulting Engineers (MCE)of Fayetteville to provide these services, along with their bridge subconsultants Homer and Shifrin of St. Louis. Since that time,the City has been working with the AHTD and MCE to develop a contract acceptable to all parties. B. 1 McClelland Consulting Engineers Page 3 of 42 THE CITY OF FAYETTEVILLE,ARKANSA PROPOSAL: MCE has provided a proposed scope and fee in the amount of$279,045.55. This contract will be paid based on hourly rates for work completed, up to the total contract amount. Members of City staff met with the citizen that expressed concern with the contract at the February I 91 Council meeting, and changes to the contract resulting from that meeting have been made and are attached. These changes have been sent to the AHTD; as of the date of this memo, AHTD has not indicated whether or not the changes are acceptable. This design project will provide for the rehabilitation of two historic bridges including repairing/replacing the retaining wall near the Lafayette Bridge only, repair/replace bridge railings, period lighting, deck surfacing, expansion joints, abutment bearings, deck drains, concrete fascia beams, concrete abutment backwalls, concrete sidewalk, and approach pavement. Storm drainage systems, relocated utility facilities, maintenance of traffic and other incidental systems and facilities will be designed and constructed as necessary. This design agreement has allotted 9 (nine) months for completion, however, this time frame may be extended depending upon the review workload of the Arkansas State Highway and Transportation Department (AHTD). The consultant will prepare and submit final plans and specifications to the City which will be used by AHTD to advertise a separate construction project which will be administered solely by the AHTD. All consultants, contractors and subcontractors on the project must comply with the National Park Service Secretary of the Interior Standards for Restoration and will be additionally under the direction, review and approval of the Arkansas Historic Preservation Program (AHPP),the State Historic Preservation Office (SHPO) and the National Historic Preservation Act of 1966 (NHPA) Section 106 review,to ensure that work performed on the two historic bridges is appropriate and will maintain the individual qualifying status of each property as it is listed on the National Register of Historic Places. RECOMMENDATION: Staff recommends City Council approval of the contract with McClelland Consulting Engineers, Inc. for providing the professional design services for the rehabilitation of the historic Maple Street Bridge and Lafayette Street Bridge, contingent upon AHTD approval. BUDGETIMPACT: This project is based on an Agreement Of Understanding with AHTD in which Federal Aid money will pay 80% of the contract amount and the City will pay 20%. These services will be funded either through the Transportation Bond Program or the CIP Program in an existing project set up for bridge cost sharing. The cost of these services will not exceed $279,045.55,with the City's share being 20%or$55,809.11. B. 1 McClelland Consulting Engineers Page 4 of 42 AAraREEMENT FOR ENGINEERING SERVICES (LOCAL VERSION—COST PLUS FEE) JOB NO.040616 FEDERAL AID PROJECT("FAP")NO. BRN-9142(29) Maple St.&Lafayette St. BridgeRestorationDeleted:Rehab. (Fayetteville)(S) Washington County PREAMBLE THIS AGREEMENT,entered into this_day of , 2013,by and between The City of Fayetteville,Arkansas("Owner'),and McClelland Consulting Engineers,Inc. ("Consultant"),a corporation existing under the laws of the State of Arkansas,with principal offices at 1810 North College Avenue, Fayetteville,Arkansas 72703 and 900 West Markham, Little Rock,Arkansas 72203. WITNESSETH: WHEREAS,the City of Fayetteville is planning toesJ tore the historic Maple Street Bridge Deleted:rehabilitate (Bridge Number 01940) and Lafayette Street Bridge (Bridge Number 01941), including related approach work in Fayetteville, Arkansas, and requires the professional services from McClelland Consulting Engineers, Inc. to perform a geotechnical evaluation, topographic survey, design, construction administration,and construction observation,and, WHEREAS, the City of Fayetteville's forces are fully employed on other urgent work that prevents their early assignment to the aforementioned work;and, WHEREAS, McClelland Consulting Engineers, Inc.'s staff is adequate and well qualified, and it has been determined that its current workload will permit completion of the project on schedule. NOW THEREFORE, it is considered to be in the best public interest for the City of Fayetteville to obtain the assistance of McClelland Consulting Engineers, Inc.'s organization in connection with engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter,it is mutually agreed as follows: 1. PRELIMINARY MATTERS 1.1. "McClelland Consulting Engineers, Inc.'s Representative" shall be Daniel Barnes, P.E., until written notice is provided to the City of Fayetteville designating a new representative. 1.2. "Contract Ceiling Price." The Contract Ceiling Price for this Agreement is $279.045.55 1.3. . The Contract Ceiling Price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement. In no event, unless modified in writing, shall total payments by the City of Fayetteville under this Agreement exceed the Contract Ceiling Price. McClelland Consulting Engineers, Inc.shall not be entitled to receive adjustment, reimbursement,or payment,nor shall the City of Fayetteville, its officers, agents, employees, or representatives, incur any liability for, any fee or cost, exceeding the Contract Ceiling Price. McClelland Consulting Engineers, Inc. additionally agrees that half cell potential tests, bridge deck replacement 1 B. 1 McClelland Consulting Engineers Page 5 of 42 design, and analysis of existing structures for bridge deck replacement will not be performed unless authorized by the City of Fayetteville. 1.4. "Contract Price" is aggregate amount of allowable costs and fees to be paid by the City of Fayetteville under this Agreement. 1.5. "Default"means the failure of McClelland Consulting Engineers, Inc. to perform any of the provisions of this Agreement. Default includes, but is not limited to, failure to complete phases of the work according to schedule or failure to make progress in the work so as to endanger timely performance of this Agreement, failure to pay subcontractors in a timely manner, failure to comply with federal and slate laws, and failure to comply with certifications made in or pursuant to this Agreement. 1.6. "Department" or "AHTD" means the Arkansas State Highway and Transportation Department. 1.7. "DOT"means the United States Department of Transportation. I.B. "FAR"means the Federal Acquisition Regulations,codified in 48 C.F.R. 1.9. "Fee"whether fixed or otherwise is a dollar amount that includes McClelland Consulting Engineers, Inc.'s profit on the job. 1.10. "FHWA"means the Federal Highway Administration. 1.11. "Indirect Cost Rate." The Indirect Cost Rate is defined in the provisions of 48 C.F.R. Part 31, and is also subject to any limitations contained herein. The Indirect Cost Rate for McClelland Consulting Engineers, Inc. under this Agreement shall be 184.34 percent. If applicable,the Indirect Cost Rate for each subcontractor shall be listed in Appendix B. 1.12. "Title I Services" are those services provided by McClelland Consulting Engineers, Inc. before the award of the contract for the construction of the Project, consisting primarily of engineering services for the planning or design of the Project. 1.13. "Title I Services Ceiling Price.'The Title I Services Ceiling Price for this Agreement is $250,044.26. The Title I Services Ceiling price is the maximum aggregate amount of all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title I Services. In no event, unless modified in writing, shall total payments by the City of Fayetteville related to Title I Services exceed the Title I Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers,agents,employees, or representatives,incur any liability for, any fee or cost related to,Title I Services exceeding the Title I Services Ceiling Price. 1.14. "Title II Multiplier' (if applicable) is the mark-up by which the fee and indirect costs associated with Title II services are calculated. The Title II Multiplier,which accounts for the fee and indirect costs, is multiplied by the salary rate, as shown on the Schedule of Salary Ranges, of the particular individual(s)performing the Title II services. The Title II Multiplier for the term of this Agreement is 3.18. 1.15. "Title II Services" are those services provided by McClelland Consulting Engineers, Inc.after the award of the contract for the construction of the Project,consisting primarily of engineering services during the construction of the Project. 1.16. "Title II Services Ceiling Price". The Title II Services Ceiling Price for this Agreement is $29.001.29. The Title II Services Ceiling price is the maximum aggregate amount of 2 B. 1 McClelland Consulting Engineers Page 6 of 42 all payments that the City of Fayetteville may become obligated to make under this Agreement for fees and costs related to Title II Services. In no event, unless modified in writing,shall total payments by the City of Fayetteville related to Title II Services exceed the Title II Services Ceiling Price. McClelland Consulting Engineers, Inc. shall not be entitled to receive adjustment, reimbursement, or payment for, nor shall the City of Fayetteville, its officers,agents,employees,or representatives, incur any liability for, any fee or cost related to,Title II Services exceeding the Title II Services Ceiling Price. 2. TYPE OF AGREEMENT 2.1. This Agreement is a cost-plus-fixed-fee contract. McClelland Consulting Engineers, Inc. is being hired to perform professional engineering services in connection with the Project as set forth herein. In consideration for Title I services performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc.for allowable direct and indirect costs, as defined herein, and pay McClelland Consulting Engineers, Inc. a fixed fee. If Title II services are to be performed, the City of Fayetteville will reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title II services, as shown on the Schedule of Salary Ranges, by the Title II Multiplier. 2.2. The Project to be performed under this Agreement is a federally-assisted project and federal funds will be used, in part, to pay McClelland Consulting Engineers, Inc.. Therefore, notwithstanding any provision of this Agreement, all payments, costs, and expenditures are subject to the requirements and limitations of 48 C.F.R. Part 31, and McClelland Consulting Engineers, Inc. shall certify the accuracy of all invoices and requests for payment, along with supporting documentation and any information provided in determining the Indirect Cost Rates. 3. COSTS.FEES,AND PAYMENT 3.1. Allowable costs. 3.1.1. Allowable costs are subject to the limitations,regulations, and cost principles and procedures in 48 C.F.R. Part 31, which are expressly incorporated into this Agreement by reference. For the purpose of reimbursing allowable costs (except as provided in subparagraph 2 below, with respect to pension, deferred profit sharing,and employee stock ownership plan contributions),the term costs includes only- 3.1-1.1.Those recorded costs that, at the time of the request for reimbursement, McClelland Consulting Engineers, Inc. has paid by cash,check, or other form of actual payment for items or services purchased directly for the Agreement; 3.1.1.2.When McClelland Consulting Engineers, Inc. is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid,for— • Materials issued from McClelland Consulting Engineers, Inc.'s inventory and placed in the production process for use in its performance under this Agreement; • Direct labor; 3 B. 1 McClelland Consulting Engineers Page 7 of 42 • Direct travel; • Other direct in-house costs;and • Properly allocable and allowable indirect costs, as shown in the records maintained by McClelland Consulting Engineers, Inc. for purposes of obtaining reimbursement under government contracts;and • The amount of progress payments that have been paid to McClelland Consulting Engineers,Inc.'s subcontractors under similar cost standards. 3.1.2. McClelland Consulting Engineers, Inc.'s contributions to any pension or other post-retirement benefit, profit-sharing or employee stock ownership plan funds that are paid quarterly or more often may be included in indirect costs for payment purposes; provided, that McClelland Consulting Engineers, Inc. pays the contribution to the fund within 30 days after the close of the period covered. Payments made 30 days or more after the close of a period shall not be included until McClelland Consulting Engineers, Inc. actually makes the payment. Accrued costs for such contributions that are paid less often than quarterly shall be excluded from indirect costs for payment purposes until McClelland Consulting Engineers, Inc.actually makes the payment. 3.1.3. Notwithstanding the audit and adjustment of invoices or vouchers, allowable indirect costs under this Agreement shall be obtained by applying Indirect Cost Rates established in accordance with Subsection 3.3 below. 3.1.4. Any statements in specifications or other documents incorporated in this Agreement by reference designating performance of services or furnishing of materials at McClelland Consulting Engineers, Inc.'s expense or at no cost to the City of Fayetteville shall be disregarded for purposes of cost-reimbursement. 3.2. Salaries. The following schedule covers the classification of personnel and the salary ranges for all personnel anticipated to be assigned to this project by McClelland Consulting Engineers, Inc.: 3.2.1.1.SCHEDULE OF SALARY RANGES Labor Classification Labor Rate Rance Principal Engineer $41.27-$50.50 Project Engineer $25.84-$41.40 Engineering Technician $16.50-$30.00 Construction Observer $15.00-$31.25 Chief Draftsman $22.00-$25.00 Draftsman $15.38-$19.00 Survey Technician $17.00-$27.00 Registered Land Surveyor $21.50-$32.00 Field Survey(1-man or Rodman) $16.50-$24.00 Survey(2-man or Robotic)Crew $17.00-$27.00 Geotech Engineer $26.66-$41.40 Soils Lab Supervisor $16.25-$21.50 Soils Lab Technician $12.90-$15.25 Office Administration $14.50-$19.50 Clerical $10.50-$20.00 f 4 B. 1 McClelland Consulting Engineers Page 8 of 42 3.2.1.2.The City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc.for overtime costs only when the overtime has been authorized in writing by the City of Fayetteville. When authorized, overtime shall be reimbursed at the rate of time and one-half for all nonexempt employees. Notwithstanding this provision, McClelland Consulting Engineers, Inc. must comply with all federal and state wage and hour laws and regulations, regardless whether the overtime is considered reimbursable under this Agreement. 3.3. Indirect Cost Rates. 3.3.1. Allowable indirect costs incurred by McClelland Consulting Engineers, Inc. shall also be reimbursed by the City of Fayetteville at the Indirect Cost Rate. The Indirect Cost Rate of McClelland Consulting Engineers, Inc.for this Agreement shall be the rate as set forth in subsection 1.11. If applicable, the Indirect Cost Rate for subcontractors shall be determined in the same manner and subject to the same limitations as McClelland Consulting Engineers, Inc., and shall be listed for each subcontractor identified in Appendix B. The Indirect Cost Rate, or any adjustment thereto, shall not change any monetary ceiling, contract obligation, or specific cost allowance,or disallowance provided for in this Agreement except as provided for in sections 3.3.4. and 3.3.5. The Indirect Cost Rate must reflect the allowable indirect costs pursuant to 48 C.F.R. Part 31 ("FAR"). 3.3.2. In establishing the Indirect Cost Rate or proposing any adjustment thereto, McClelland Consulting Engineers, Inc. shall, upon request, submit to the City of Fayetteville, FHWA, or their representatives an audited indirect cost rate and supporting cost data in accordance with the requirements set forth in the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. 3.3.3. During the term of this Agreement, if an audit of a subsequent accounting period of McClelland Consulting Engineers, Inc. demonstrates that McClelland Consulting Engineers, Inc. has incurred allowable indirect costs at a different rate than the Indirect Cost Rate, the Indirect Cost Rate shall be adjusted. Any adjustment is subject to the audit and documentation requirements of the FAR and the current Arkansas Highway & Transportation Department Indirect Cost Rate Audit Requirements. Except in the case of a provisional Indirect Cost Rate, as provided in the following subparagraphs, or the disallowance of cost following a subsequent audit, any adjustment to the Indirect Cost Rate shall be effective only prospectively from the date that the adjustment is accepted. 3.3.4. In order to expedite some projects,when an audited indirect cost rate has not yet been submitted and approved, the City of Fayetteville may extend a temporary waiver and accept a provisional indirect cost rate. This provisional rate must be reviewed by, and receive a positive recommendation from the Arkansas Highway and Transportation Department's Chief Auditor. The provisional cost proposal must be accompanied by written assurance from an independent CPA that he/she has been engaged to audit the costs in accordance with the above requirements. The anticipated audit must be based on costs incurred in the most recently completed fiscal year for which the cost data is available, with the audit scheduled to begin within a reasonable time frame. If the date of the initial cost proposal is within the last quarter of the current fiscal year, the audit may be delayed until the current 5 B. 1 McClelland Consulting Engineers Page 9 of 42 fiscal year is closed and the final cost data is available. The written assurance from the CPA that he or she has been engaged to perform the audit at an appropriate time is still required. 3.3.5. Once an audited indirect cost rate is approved, the ceiling prices provided for in the initial agreement using the provisional indirect cost rate will be adjusted with a supplemental agreement to implement the resulting increase or decrease from revising the indirect cost rate, and all amounts paid McClelland Consulting Engineers, Inc. prior to receipt and acceptance of an audited indirect cost rate will be retroactively adjusted for changes in the indirect cost rate. However, no changes in hours, fixed fees, or other costs will be allowed as a result of applying the audited indirect cost rate. 3.4. Fees.The justification for the fees and costs is contained in Appendix A. In addition to reimbursement of the allowable costs as set forth above, the City of Fayetteville shall pay to McClelland Consulting Engineers, Inc. a fixed fee of $7.844.18. for Title I Services. For Title II Services, if applicable, the City of Fayetteville shall reimburse McClelland Consulting Engineers, Inc. for allowable direct costs and also pay to McClelland Consulting Engineers, Inc. an amount determined by multiplying the salary rate of the individual(s) performing the Title 11 Services, as shown on the Schedule of Salary Ranges, by the Title 11 Multiplier. The Title II Multiplier shall account for all fees and indirect costs associated with Title II services. ' 3.5. Invoices, Reimbursement, and Partial Payments. Submission of invoices and payment of the fees shall be made as follows, unless modified by the written agreement of both parties: 3.5.1. Not more often than once per month, McClelland Consulting Engineers, Inc. shall submit to the City of Fayetteville, in such form and detail as the City of Fayetteville may require, an invoice or voucher supported by a statement of the claimed allowable costs for performing this Agreement, and estimates of the amount and value of the work accomplished under this Agreement. The invoices for costs and estimates for fees shall be supported by any data requested by the City of Fayetteville. 3.5.2. In making estimates for fee purposes, such estimates shall include only the amount and value of the work accomplished and performed by McClelland Consulting Engineers, Inc. under this Agreement which meets the standards of quality established under this Agreement. McClelland Consulting Engineers, Inc. shall submit with the estimates any supporting data required by the City of Fayetteville. At a minimum, the supporting data shall include a progress report in the form and number required by the City of Fayetteville. 3.5.3. Upon approval of the estimate by the City of Fayetteville, payment upon properly executed vouchers shall be made to McClelland Consulting Engineers, Inc., as soon as practicable, of 100 percent of the allowed costs, and of 90 percent of the approved amount of the estimated fee, less all previous payments. Notwithstanding any other provision of this Agreement, only costs and fees determined to be allowable by the City of Fayetteville in accordance with subpart 31.2 of the Federal Acquisition Regulations(FAR)in effect on the date of this Agreement and under the terms of this Agreement shall be reimbursed or paid. 3.5.4. Before final payment under the Agreement,and as a condition precedent thereto, McClelland Consulting Engineers, Inc. shall execute and deliver to the City of Fayetteville a release of all claims which are known or reasonably could have been known to exist against the City of Fayetteville arising under or by virtue of this Agreement, other than any claims that are specifically excepted by McClelland 6