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HomeMy WebLinkAbout2012-07-03 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting July 03, 2012 A meeting of the Fayetteville City Council will be held on July 03, 2012 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: 1. Advertising & Promotion Commission Replacement: Mayor Jordan asked that he be replaced on the A&P Commission. He nominated Alderman Bobby Ferrell to replace him. ALDERMAN BOBBY FERRELL WAS APPOINTED. 2. Amend §94.05 Use of Fireworks: An ordinance to amend §94.05 Use of Fireworks of the Fayetteville Code to allow consumer fireworks to be discharged on Labor Day if a burn ban has prohibited the discharge of any consumer fireworks during the normal July 1st 2"a 3ra and 4f" period PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5509 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 A. Consent: 1. Approval of the June 19, 2012 City Council meeting minutes. Minutes Removed 2. Bid #12-53 Mid-America Pool Renovation, Inc.: A resolution awarding Bid #12-53 and authorizing a contract with Mid-America Pool Renovation, Inc. in the amount of $256,490.00 for the construction of Wilson Park pool renovations, approving a ten percent(10%) project contingency and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 137-12 3. 2012 Assistance to Firefighters Grant: A resolution authorizing an application for a 80/20 matching 2012 Assistance to Firefighters Grant, through the Federal Emergency Management Agency (FEMA), in the amount of $179,410.00 for the purchase of wildland firefighting personal protective equipment by the Fire Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 138-12 4. Federal Emergency Management Agency Reimbursement: A resolution approving a budget adjustment in the amount of $129,391.00 to reimburse the Transportation Division for expenditures incurred as a result of Spring 2011 flooding which have been reimbursed by the Federal Emergency Management Agency and/or the State of Arkansas. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 139-12 5. Steele Boulevard/Malco Theatre Entry Traffic Signal: A resolution approving a budget adjustment in the amount of$85,300.00 representing revenue for the installation of a traffic signal on Steele Boulevard at the entrance to the Malco Theatre. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 140-12 B. Unfinished Business: 1. RZN 12-4108 (4847 W. Wedington Dr./Bank of Wynne): An ordinance revoking R- PZD 07-2576 (Woodstock) and rezoning that property described in rezoning petition RZN 12-4108, for approximately 31.68 acres, located at 4847 West Wedington Drive from R-PZD, Residential Planned Zoning District 07-2576, to CS, Community Services; R-O Residential Office; NC, Neighborhood Conservation; and RSF-4 Residential Single Family Four Units Per Acre. This ordinance was left on the First Reading at the June 05, 2012 City Council meeting. This ordinance was left on the Second Reading at the June 19, 2012 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5510 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. Public Hearing: 1. Water and Sewer Relocation Project Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Richard E. & Dorothy Brown, Bill R. & Doris A. Kiser, Wolfredrick & Serena McMichael, SM-WLJ FAC Owner, Inc., PCC Properties, LLC, Presbytery of Arkansas, and Dunnerstock Development, Inc. needed for water and sewer relocations along Arkansas State Highway 265 between Joyce Boulevard and the northern city limits. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 141-12 D. New Business: 1. Town and Gown Advisory Committee: An ordinance enacting Article XXIV Town and Gown Advisory Committee (§33.360 through §33.365) of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville to provide for the creation of a Town and Gown Advisory Committee, and defining its composition, authority and duties. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5511 2. ADM 12-4144 3078 N. College Ave. Siebert Appeal: A resolution to reverse the Planning Commission's decision to grant and thereby to deny the variance to Eric Siebert to operate his Shave the Planet business longer than 90 days as an outdoor mobile vendor. TABLED TO THE SEPTEMBER 4, 2012 CITY COUNCIL MEETING. City Council Tour: None Announcements: Adjournment: 8:30 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 aides 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: July 3,2012 Adjourn: 30 P,/,t , Subject: Roll Ferrell Vol," Adams V-� Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan 4/ Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: ��jj July 3,2012 p Subject: p 0 i1+ Motion To: 1066 Motion By: Seconded: Ferrell V. d"i Adams Lewis Q Gray Boudreaux Kinion Bo 6 6 Petty l/ ➢�^E Tennant f Mayor Jordan Subject: �Ut2 w 1pn d�'n aM�e Motion To: of d -4v 4& AMV44 - n Motion By: Seconded: [� AAV- J4ArVU PJA Ferrell v f A,cP-c S Adams tf �✓ ✓ +0 y z Lewis t� ✓ a fir ' Gray rv' SR Boudreaux ✓ ✓ LIZ Kinion ✓ t0 Petty ✓ ✓ V Tennant t � PMayor Jordan 'l 7 .0 City Council Meeting: July 3, 2012 Subject: Motion To: Motion By: Seconded: Ferrell Adams Q.aQdicP --i-v Lewis ✓ Gray {. Boudreaux r✓ `LU1 " 4 Kinion ✓ Petty tl Tennant 5 O Mayor Jordan `o Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: July 3,2012 Subject: Consent Motion To: ARM004, . 14 tnLdm- v� Motion By: 6-d T2 Seconded: fCAJ�:5 Ferrell S&} Tke Me" ✓ Inut Adams voo� ✓ W&L- Lewis ✓ ✓ Gray Q.dSPwt G (IS(eu Boudreaux ►� SSP Kinion ✓ Petty ✓ Tennant ✓ Mayor Jordan 6 Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: July 3,2012 Subject: RZN 12-4108 4847 W. Wedington Dr./Bank of Wynne) Motion To: 1 -3r-d Motion By: Seconded: B. 1 Ferrell �/ f Unfinished Adams Business Lewis / r/ Gray Q ISS eMtjs p Boudreaux ✓ ✓ Pte' Kinion ✓ Petty ✓ Tennant ✓' IO Mayor Jordan 7 D 7-0 Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: July 3, 2012 Subject: Water and Sewer Relocation Project Condemnation and Possession Motion To: Motion By: � Seconded: C. 1 Ferrell Public Adams Hearing Lewis r/ Gray Q�Sev�c i "Aj Boudreaux r/ .r Kinion ✓ Petty ✓ Tennant ✓ Mayor Jordan -7-0 Subject: Motion To: Motion By: Seconded: Ferrell Adams Lewis Gray Boudreaux Kinion Petty Tennant Mayor Jordan City Council Meeting: July 3,2012 Subject: Town and Gown Advisory Committee -� ay�po n+ fir,d Motion To: Shell tie Ge l t Motion By: Seconded: D. 1 Ferrell ✓ nJ Al New Adams Business Lewis n/ t✓ ""� Gray �fISP Q�eeak �P+ 0-66v Boudreaux N ✓ ✓ ✓ Kinion ✓ ✓ Petty N ✓ °'' Tennant ✓ ar' �✓ 5 5 ( Mayor Jordan Subject: ADM 12-4144 3078 N. College Ave. Siebert Appeal Motion To: 71 Motion By: Seconded: I(Af l D.2 Ferrell New Adams Business Lewis ✓ f � Gray Boudreaux .< Kinion v` Petty (% Tennant ✓ Mayor Jordan 7� LvA aDepartmental Correspondence dL 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 DATE: July 5, 2012 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of July 3, 2012 1. Fireworks Amendment: An ordinance to amend §94.05 Use of Fireworks of the Fayetteville Code to allow consumer fireworks to be discharged on Labor Day if a burn ban has prohibited the discharge of any consumer fireworks during the normal July 1S`, 2nd, 3`d and 4d' period. 2. Bid #12-53: A resolution awarding Bid #12-53 and authorizing a contract with Mid-America Pool renovation, Inc. in the amount of $256,490.00 for the construction of Wilson Park Pool Renovations, approving a 10% project contingency and approving a budget adjustment. 3. 2012 Assistance to Firefighters Grant: A resolution authorizing an application for a 80/20 matching 2012 Assistance to Firefighters Grant, through the Federal Emergency Management Agency, in the amount of $179,410.00 for the purchase of wildland firefighting personal protective equipment by the Fire Department. 4. FEMA Reimbursement: A resolution approving a budget adjustment in the amount of $129,391.00 to reimburse the Transportation Division for expenditures incurred as a result of the Spring 2011 flooding which have been reimbursed by the Federal Emergency Management Agency and/or the State of Arkansas. 5. Steele Boulevard/Malco Theatre Entry Traffic Signal: A resolution approving a budget adjustment in the amount of $85,300.00 representing revenue for the installation of a traffic signal on Steele Boulevard at the entrance to the Malco Theatre. 6. Water & Sewer Relocation Project Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Richard E. & Dorothy Brown, Bill R. & Doris A Kisor, Woldfredrick & Serena McMichael, SM-WLJ FAC Owner Inc., PCC Properties, LLC., Presbytery of Arkansas, and Dunnerstock Development, Inc. needed for water and sewer relocations along Arkansas State Highway 265 between Joyce Boulevard and the northern city limits. 7. Town & Gown Advisory Committee: An ordinance enacting Article XXIV Town and Gown Advisory Committee (§33.360 through §33.365) of Chapter 33: Departments, Boards, Commissions and Authorities of the Code of Fayetteville to provide for the creation of a Town and Gown Advisory Committee, and defining its composition, authority and duties. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray 7ayve e�l e Ward 1 Position 2—Brenda Boudreaux City Attorney Kit Williams Ward 2 Position 1 —Mark Kinwn Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting July 03, 2012 A meeting of the Fayetteville City Council will be held on July 03, 2012 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 June 19, 2012 City Council meeting minutes. 2. Bid #12-53 Mid-America Pool Renovation, Inc.: A resolution awarding Bid #12-53 and authorizing a contract with Mid-America Pool Renovation, Inc. in the amount of $256,490.00 for the construction of Wilson Park pool renovations, approving a ten percent(10%) project contingency and approving a budget adjustment. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. 2012 Assistance to Firefighters Grant: A resolution authorizing an application for a 80/20 matching 2012 Assistance to Firefighters Grant, through the Federal Emergency Management Agency (FEMA), in the amount of $179,410.00 for the purchase of wildland firefighting personal protective equipment by the Fire Department. 4. Federal Emergency Management Agency Reimbursement: A resolution approving a budget adjustment in the amount of $129,391.00 to reimburse the Transportation Division for expenditures incurred as a result of Spring 2011 flooding which have been reimbursed by the Federal Emergency Management Agency and/or the State of Arkansas. 5. Steele Boulevard/Malco Theatre Entry Traffic Signal: A resolution approving a budget adjustment in the amount of$85,300.00 representing revenue for the installation of a traffic signal on Steele Boulevard at the entrance to the Malco Theatre. B. Unfinished Business: 1. RZN 12-4108 (4847 W. Wedington Dr./Bank of Wynne): An ordinance revoking R- PZD 07-2576 (Woodstock) and rezoning that property described in rezoning petition RZN 12-4108, for approximately 31.68 acres, located at 4847 West Wedington Drive from R-PZD, Residential Planned Zoning District 07-2576, to CS, Community Services; R-O Residential Office; NC, Neighborhood Conservation; and RSF-4 Residential Single Family Four Units Per Acre. This ordinance was left on the First Reading at the June 05, 2012 City Council meeting. This ordinance was left on the Second Reading at the June 19, 2012 City Council meeting. Left on the Second Reading C. Public Hearing: 1. Water and Sewer Relocation Project Condemnation and Possession: A resolution authorizing the City Attorney to seek condemnation and possession of certain lands owned by Richard E. & Dorothy Brown, Bill R. & Doris A. Kisor, Wolfredrick & Serena McMichael, SM-WLJ FAC Owner, Inc., PCC Properties, LLC, Presbytery of Arkansas, and Dunnerstock Development, Inc. needed for water and sewer relocations along Arkansas State Highway 265 between Joyce Boulevard and the northern city limits. D. New Business: 1. Town and Gown Advisory Committee: An ordinance enacting Article XXIV Town and Gown Advisory Committee (§33.360 through §33.365) of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville to provide for the creation of a Town and Gown Advisory Committee, and defining its composition, authority and duties. 2. ADM 12-4144 3078 N. College Ave. Siebert Appeal: A resolution to reverse the Planning Commission's decision to grant and thereby to deny the variance to Eric Siebert to operate his Shave the Planet business longer than 90 days as an outdoor mobile vendor. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Tour: None Announcements: Adjournment: 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 aides 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 A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 1 of 12 DOCUMENT 00500—AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: CONSTRUCTION OF WILSON PARK POOL RENOVATIONS Contract No.: THIS AGREEMENT is dated as of the day JJof in the year 20_by and M iy -Amvic, between The City of Fayetteville,Arkansas and fl Qr .uas lo.�hereinafter called Contractor). tac . ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: Project includes repair of cracks within the pool structure and surrounding deck, removal of pool plaster interior and deck surface material, and replacement of pool and deck surface at Wilson Park pool located at 675 N.Park Avenue. ARTICLE 2- ENGINEER 2.01 The Contract Documents have been prepared by GARVER who is here in after called Engineer. GARVER assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3- CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion,and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 60 calendar days after the date when the Contract Times commence to run as provided in the City of Fayetteville 00500- 1 Project No. 12047020 Wilson Park Pool Renovations A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 2 of 12 DOCUMENT 00500—AGREEMENT (continued) GENERAL CONDITIONS,and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 70 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above,plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense,and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay(but not as a penalty)Contractor shall pay The City of wo Fayetteville rObso Hundred Fifty Dollars($250.00)for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion,if Contractor shall neglect,refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville,Contractor shall pay The City of Fayetteville sSimeeTwe {' Hundred Fifty Dollars($250.00)for each calendar day that expires after the v time specified for completion and readiness for final payment. ARTICLE 4- CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. City of Fayetteville 00500-2 Project No. 12047020 Wilson Park Pool Renovations A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 3 of 12 DOCUMENT 00500—AGREEMENT (continued) 4.02 As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope,cost or fees. ARTICLE 5- PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer,on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed)or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion,progress payments will be made in an amount equal to the percentage indicated below,but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95%of Work Completed(with the balance being retainage). City of Fayetteville 00500-3 Project No. 12047020 Wilson Park Pool Renovations / /V ,v A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 4 of 12 DOCUMENT 00500—AGREEMENT (continued) b. 100%of Equipment and Materials not incorporated in the Work but delivered, suitably stored,and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 2. Upon Substantial Completion,The City of Fayetteville shall pay an amount sufficient to increase total payments to Contractor to 95%of the Contract Price(with the balance being retainage), less such amounts as Engineer shall determine,or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6- CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost,progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost,progress,performance,and furnishing of the Work. City of Fayetteville 00500-4 Project No. 12047020 Wilson Park Pool Renovations A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 5 of 12 DOCUMENT 00500—AGREEMENT (continued) D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) reports and drawings of a Hazardous Environmental Condition, if any,at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied(or assumes responsibility of having done so)all such additional supplementary examinations, investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at or contiguous to the Site or otherwise which may affect cost,progress,performance,and furnishing of the Work or which relate to any aspect of the means,methods,techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations,explorations,tests,studies,or data are necessary for the performing and furnishing of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor,information and observations obtained from visits to the Site,reports and drawings City of Fayetteville 00500-5 Project No. 12047020 Wilson Park Pool Renovations A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 6 of 12 DOCUMENT 00500—AGREEMENT (continued) identified in the Contract Documents,and all additional examinations, investigations,explorations, tests, studies,and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7- CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified,or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement(enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. City of Fayetteville 00500-6 Project No. 12047020 Wilson Park Pool Renovations A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 7 of 12 DOCUMENT 00500—AGREEMENT (continued) 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual 7. Addenda numbers one(1) to �(_X), inclusive. S. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying,or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8- MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically but without limitation,moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. City of Fayetteville 00500-7 Project No. 12047020 Wilson Park Pool Renovations /4 f L/ A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 8 of 12 DOCUMENT 00500—AGREEMENT (continued) 8.03 SUCCESSORS AND ASSIGNS: A. The City of Fayetteville and Contractor each binds himself,his partners, successors,assigns,and legal representatives to the other party hereto, its partners, successors,assigns, and legal representatives in respect to all covenants,agreements, and obligations contained in the Contract Documents. 8.04 SEVERABILITY: A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 FREEDOM OF INFORMATION ACT: A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act.If a Freedom of Information Act request is presented to the City of Fayetteville,the contractor 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. City of Fayetteville 00500-8 Project No. 12047020 Wilson Park Pool Renovations A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 9 of 12 DOCUMENT 00500—AGREEMENT (continued) 8.06 MATERIALMEN'S LIENS A. No liens against this construction project are allowed.Arkansas law (A.C.A. §§ 18-44-501 through 508)prohibits the filing of any mechanics' or materialmen's liens in relation to this public construction project.Arkansas law requires and the Contractor promises to provide and file with the Circuit Clerk of Washington County a bond in a sum equal to the amount of this contract.Any subcontractor or materials supplier may bring an action for non-payment of labor or materials on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. OTHER PROVISIONS: Not Applicable. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement in quadruplicate. One counterpart each has been delivered to Contractor and Engineer. Two counterparts each has been delivered to The City of Fayetteville.All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor or identified by Engineer on their behalf. City of Fayetteville 00500-9 Project No. 12047020 Wilson Park Pool Renovations A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 10 of 12 DOCUMENT 00500—AGREEMENT (continued) This Agreement will be effective on 20_,which is the Effective Date of the Agreement. CONTRACTOR M i 4- AMC r i c to CITY OF FAYETTEVILLE Pool Reno✓Ui-;on L - By: IV By: Title: n.Q,a-l.d.Z. Title: (SEAL) (SEAL) Attest Attest Addres or giving notices Address for giving notices S9Z °I IS`f" T�rr��c �rvuh�aiew MOl G d030 - - - License No. 3 7� S/2 (attach evidence of authority to sign and resolution or other documents Agent for Service of process authorizing execution of Agreement) /ds� Gdjej�i/�✓e• ul� (If Contractor is a corporation, Approved As to Form: attach evidence of authority to sign.) By: Attorney For: END OF DOCUMENT 00500 City of Fayetteville 00500- 10 Project No. 12047020 Wilson Park Pool Renovations Bid#12-53 Mid-Ameri Pool Rpnoynt n, ,Inc. File Number: 2002446S2 Charter#X00540361 Date Filed: 08/25/2003 08:47 AM Matt Blunt Secretary of State c P.O.am,7781600 W.Maio Street,Rm322 de8wnm City,Mo 65102 Registration .of Fictitious Name (Submit in duplicetewith fd'mg fm of$7) (Must be typed or printed) This information is for the use of the public and gives no protection to the name being registered. There is no provision in this Chapter to keep another person or business entity from adopting and using the same name. (Chapter 417,RSMo) The undersigned is doing business underthefollowing name,and at the following address: t /rp Business name to be registered: Mm-`AMEU-A VWL Y)LIV VA-T141�1. ,rV(� Business Address: NON F-Qsk Z..°')gh tfrAce (P.O.Bot ileo,not sm ept:bie) {� City,State and Zip Code: 1t e k t 1V 0 Vt Mn (agoe1-9 The parties having an interest in the business,and the percentage they own are(if a business entity is owner,indicate business name and percentage owned. If all parties are jointly and severally liable,percentage of ownership need not be listed): Percentage Name of Owners, of ownersbip In " uat or must equal mess Endty Street and Number City and State Zip Code 100% eN iA Ag rA..?oa f im.y6dv1SI V)(-,—66 p} f. In Affirmation thereof,the facts stated above are true: (!he floe fake staoementsme&It this f0ing me mb*k to ne penalties of aUc deelmation under Sectio,575.060 RSMo 1986.) ALL4Ste)N tI)r71wsz , Pre s fi- ►S-o3 O'rh*d ams) (Date) (AndwraudSWum,,e) (PrimedNmne) (Date) (AudmrhudSWmaze) (PrimdedName) (Date) State of Missouri FOR OFFICLAL USE ONLY Fictitous Creation 1 Page(s) Cb=ka cmp.56<bvm> IIIIIIINNIIIININIIIIINI�II�NINIIIiIININIIIIIINIIIII T0325116593 A.2 Bid#12-53 Mid-America Pool Renovation,Inc. Page 12 of 12 C. 1 Water and Sewer Relocation Project Condemnation and Possession Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION AND POSSESSION OF CERTAIN LANDS OWNED BY RICHARD E. & DOROTHY BROWN, BILL R. & DORIS A. KISOR, WOLFREDRICK & SERENA MCMICHAEL, SM-WLJ FAC OWNER INC., PCC PROPERTIES LLC, PRESBYTERY OF ARKANSAS, AND DUNNERSTOCK DEVELOPMENT, INC. NEEDED FOR WATER AND SEWER RELOCATIONS ALONG ARKANSAS STATE HIGHWAY 265 BETWEEN JOYCE BOULEVARD AND THE NORTHERN CITY LIMITS WHEREAS, the City of Fayetteville and certain property owners have been unable to agree on a fair price for the portions of property owned by each of them which is needed for easements to facilitate water and sewer relocations, and WHEREAS, the City of Fayetteville needs to gain possession of these property promptly to begin work on water and sewer relocations along Arkansas State Highway 265 between Joyce Boulevard and the northern city limits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on or near Arkansas State Highway 265 and owned by Richard E. & Dorothy Brown that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on or near Arkansas State Highway 265 and owned by Bill R. & Doris A. Kisor that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265,and to pay into the registry of the Circuit Court just compensation therefor. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on or near Arkansas State Highway 265 and owned by Wolfredrick& Serena McMichael that is needed for a utility easement for water and sewer relocations along Arkansas State Highway 265, and to pay into the registry of the Circuit Court just compensation therefor. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on or near Arkansas State Highway,265 and owned by SM-WLJ FAC Owner, Inc. that is needed for a