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2019-09-17 - Agendas - Archive
Council Member Sonia Gutierrez Ward 1 Position 1 Council Member Sarah Marsh Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra E. Smith City of Fayetteville Arkansas City Council Meeting September 17, 2019 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Kyle Smith Ward 4 Position 2 A meeting of the Fayetteville City Council was held on September 17, 2019 at 5:30 p.m. 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: None City Council Meeting Presentations, Reports, and Discussion Items Nominating Committee Report Council Member Bunch presented the Nominating Committee report and recommended the appointments as submitted. Agenda Additions: None 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A. Consent 1. Arkansas Fashion Week: A resolution to approve a short-term lease agreement with Arkansas Fashion Week for the airport hangar at 4578 South School Avenue for rent in the amount of $1,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 204-19 2. Waste Solutions, LLC d/b/a Orion Waste Solutions: A resolution to approve an agreement with Inland Waste Solutions, LLC d/b/a Orion Waste Solutions for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-19 3. Waste Management of Arkansas, Inc.: A resolution to authorize a two-year agreement with Waste Management of Arkansas, Inc. to haul and dispose of solid waste and recyclable material in Fayetteville with automatic renewals for two additional two-year terms. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-19 4. Hogeye Mfg. Co Inc. d/b/a Hogbox: A resolution to authorize a two-year agreement with Hogeye Manufacturing Co, Inc. d/b/a Hogbox to haul and dispose of solid waste and recyclable material in Fayetteville with automatic renewals for two additional two-year terms. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-19 5. Garver, LLC - Shiloh Drive and Steele Boulevard: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $241,850.00 for the design of the Fulbright Expressway Access Ramp Relocation Project, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-19 6. Jacobs Engineering Group, Inc. f/k/a CH2M Hill Engineers, Inc. Amendment No. 1: A resolution to approve Amendment No. 1 to the professional services agreement between the City of Fayetteville, Arkansas and Jacobs Engineering Group, Inc f/k/a CH2M Hill Engineers, Inc. in the amount of $3,860.00 for additional travel and labor expenses, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 209-19 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 7. Poplar Street Railroad Crossing Signals Improvement Project: A resolution to express the willingness of the City of Fayetteville to partner with the Arkansas Department of Transportation for the Poplar Street Railroad Crossing Signals Improvement Project with a 10% local match in the estimated amount of $30,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 210-19 8. Hawkins -Weir Engineers, Inc.: A resolution to approve a professional engineering services agreement with Hawkins -Weir Engineers, Inc, in the amount of $54,220.00 for conceptual drainage design services, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 211-19 9. Garver, LLC - Missouri Creek Drainage Basin: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $346,700.00 for design services associated with a project to alleviate flooding within the Missouri Creek Drainage Basin, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 212-19 10. Bid #19-37 Progressive Trail Design, LLC: A resolution to award Bid #19-37 and authorize a contract with Progressive Trail Design, LLC in the amount of $51,600.00 for the construction of approximately 6,600 feet of natural surface trail, armored stream crossings, and an overlook at Kessler Mountain Regional Park, and to approve a project contingency in the amount of $10,300.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 213-19 11. DEMX Architecture: A resolution to approve a professional architectural services agreement with DEMX Architecture, pursuant to RFQ #19-01, in an amount not to exceed $52,000.00 for design and construction administration services associated with the renovation and replacement of existing restrooms in multiple city parks, and to approve a project contingency in the amount of $10,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 214-19 12. Jacobs Engineering Group, Inc.:A resolution to approve a professional engineering services agreement with Jacobs Engineering Group, Inc., pursuant to RFQ #19-01, in an amount not to exceed $254,108.00.00 for biosolids master planning services associated with the City of Fayetteville's wastewater treatment options. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 215-19 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 13. TheatreSquared Project Conveyance of Access Easements: A resolution to approve the conveyance of access easements to adjacent property owners and a general utility easement to franchise utilities across real property owned by the City of Fayetteville at the Southeast corner of North West Avenue and West Spring Street associated with the TheatreSquared Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 216-19 14. LSP 19-6795: (2763 N. Crossover Road/City Multi -Use Trails): A resolution pursuant to § 164.20 of the Unified Development Code to approve a lot split for property located at 2763 North Crossover Road, and to authorize the construction of a public multi -use trail on the non- conforming parcel. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 217-19 B. Unfinished Business: 1. Amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone: An ordinance to amend §72.18, Residential Parking Permit Program for the Entertainment District Parking Zone of the Fayetteville City Code to convert portions of restricted residential -only parking along Locust Avenue and Lafayette Street and portions of paid -only on -street parking along Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed-use parking areas. At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. At the August 20, 2019 City Council Meeting this item was tabled to the September 17, 2019 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6229 2. RZN 19-6716 (East of 3638 N. Front St./Trails at Mud Creek): An ordinance to rezone that property described in rezoning petition RZN 19-6716 for approximately 10.43 acres located East of 3638 North Front Street from C-2, Thoroughfare Commercial and I-1, Heavy Commercial & Light Industrial to CS, Community Services, subject to the Bill of Assurance. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. THIS ITEM WAS TABLED TO THE NOVEMBER 19, 2019 CITY COUNCIL MEETING 3. Entertainment District Boundaries: An ordinance to establish boundaries for an Entertainment District in the City of Fayetteville and to promulgate rules for the limited outdoor consumption of alcohol in certain public places. At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. THIS ITEM WAS TABLED TO THE OCTOBER 15, 2019 CITY COUNCIL MEETING 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 4. Buffington Weir, LLC: An ordinance to waive the requirements of formal competitive bidding and approve a cost share agreement with Buffington Weir, LLC, for the installation of a water main along a portion of Rupple Road, with the estimated amount of $206,070.00 to be paid by the City of Fayetteville, to approve a project contingency in the amount of $30,900.00, and to approve a budget adjustment. At the September 3, 2019 City Council meeting this ordinance was left on the first reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6230 C. New Business: 1. Amend §114.02 Farmer's Market (B) Expanded Saturday Use of the Square: An ordinance to amend § 114.02 Farmer's Market (B) Expanded Saturday Use of the Square to close Center Street to vehicular traffic. THIS ITEM WAS TABLED TO THE NOVEMBER 19, 2019 CITY COUNCIL MEETING 2. Highway 112 and Highway 71B Improvements Projects: A resolution to express the willingness of the City of Fayetteville to partner with the Arkansas Department of Transportation for the Highway 112 - Truckers Drive to Van Asche Drive Improvements Project and the Highway 7 1 B Improvements Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 218-19 3. RZN 19-6748 (203 E. 13th St./Davis): An ordinance to rezone that property described in rezoning petition RZN 19-6748 for approximately 0.21 acres located at 203 East 13th Street from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6231 4. RZN 19-6787 (3313 W. Mt. Comfort/Cooper): An ordinance to rezone that property described in rezoning petition RZN 19-6787 for approximately 0.60 acres located at 3313 West Mount Comfort Road from RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services -General. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6232 5. VAC 19-6768 (SE of Armstrong Ave. & Happy Hollow Rd./Fay. Fleet): An ordinance to approve VAC 19-6768 for property located Southeast of South Armstrong Avenue and Happy Hollow Road to vacate a portion of a general utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6233 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 6. VAC 19-6775 (2621 E. Mission Blvd./East Mission Commercial): An ordinance to approve VAC 19-6775 for property located at 2621 East Mission Boulevard to vacate a portion of a general utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6234 7. VAC 19-6782 (SE of W. McMillan Dr. & N. Pam Angus Dr./Springs Hospitality): An ordinance to approve VAC 19-6782 for property located Southeast of West McMillan Drive and North Pam Angus Drive to vacate portions of an electrical easement and a general utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6235 8. Amend Ordinance 6168: An ordinance to amend ordinance 6168 to authorize the payment of applicable freight charges associated with the replacement of a rotating assembly and repair of a motor drive in an influent pump used at the Noland Wastewater Treatment Facility. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6236 9. 2019 Millage Levy: An ordinance levying a tax on the Real and Personal Property within the City of Fayetteville, Arkansas, for the year 2019 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations, and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6237 Announcements City Council Agenda Session Presentations: Agenda Session Presentation: 2019 Levy Recommendation and General Fund Budget Discussion. Agenda Session Presentation: The Future of Biosolids Study City Council Tour: None Adjournment: 9:45 p.m. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 zJ City Council Agenda Session Tentative Agenda Tuesday, September 10, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Warr! 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: I . 2019-0561 NOMINATING COMMITTEE REPORT Agenda Additions A.,Consent: A.,,Y 2019-0016 September 10, 2019 APPROVAL OF THE SEPTEMBER 3, 2019 CITY COUNCIL MEETING MINUTES A, 2 2019-0512 ARKANSAS FASHION WEEK: A RESOLUTION TO APPROVE A SHORT TERM LEASE AGREEMENT WITH ARKANSAS FASHION WEEK FOR THE AIRPORT HANGAR AT 4578 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 A.`-3 2019-0478 WASTE SOLUTIONS, LLC DB/A ORION WASTE SOLUTIONS: A RESOLUTION TO APPROVE AN AGREEMENT WITH INLAND WASTE SOLUTIONS, LLC D/B/A ORION WASTE SOLUTIONS FOR THE HAULING AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE City of Fayetteville, Arkansas Page 2 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda � "Ii A� 2019-0502 WASTE MANAGEMENT OF ARKANSAS, INC.: September 10, 2019 A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 2019-0552 HOGEYE MFG. CO INC. D/B/A HOGBOX: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH HOGEYE MANUFACTURING CO, INC. D/B/A HOGBOX TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 2019-0556 GARVER, LLC - SHILOH DRIVE AND STEELE BOULEVARD: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $241,850.00 FOR THE DESIGN OF THE FULBRIGHT EXPRESSWAY ACCESS RAMP RELOCATION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 3 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda A.7 2019-0510 September 10, 2019 JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $3,860.00 FOR ADDITIONAL TRAVEL AND LABOR EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0560 POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT WITH A 10% LOCAL MATCH IN THE ESTIMATED AMOUNT OF $30,000.00 A.d 2019-0559 HAWKINS-WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $54,220.00 FOR CONCEPTUAL DRAINAGE DESIGN SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 91512019 City Council Agenda Session Agenda Session Tentative Agenda 10 2019-0558 GARVER, LLC - MISSOURI CREEK DRAINAGE BASIN: September 10, 2019 A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $346,700.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ALLEVIATE FLOODING WITHIN THE MISSOURI CREEK DRAINAGE BASIN, AND TO APPROVE A BUDGET ADJUSTMENT A.41 2019-0513 BID #19-37 PROGRESSIVE TRAIL DESIGN, LLC: A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STREAM CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00 ALf2 2019-0532 DEMX ARCHITECTURE: A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH DEMX ARCHITECTURE, PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $52,000.00 FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE RENOVATION AND REPLACEMENT OF EXISTING RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 City of Fayetteville, Arkansas Page 5 Printed on 91512019 City Council Agenda Session Agenda Session Tentative Agenda A�13 2019-0504 JACOBS ENGINEERING GROUP, INC.: September 10, 2019 A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $254,108.00.00 FOR BIOSOLIDS MASTER PLANNING SERVICES ASSOCIATED WITH THE CITY OF FAYETTEVILLE'S WASTEWATER TREATMENT OPTIONS X-114 2019-0562 THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS: A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT � 5 2019-0544 LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS): A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON -CONFORMING PARCEL B. Unfinished Business: City of Fayetteville, Arkansas Page 6 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda 13.. 1 PA 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: September 10, 2019 AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. At the August 20, 2019 City Council Meeting this item was tabled to the September 17, 2019 City Council Meeting. 2019-0462 RZN 19-6716 (EAST OF 3638 N. FRONT ST./TRAILS AT MUD CREEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6716 FOR APPROXIMATELY 10.43 ACRES LOCATED EAST OF 3638 NORTH FRONT STREET FROM C-2, THOROUGHFARE COMMERCIAL AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES, SUBJECT TO THE BILL OF ASSURANCE i At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. 2019-0452 ENTERTAINMENT DISTRICT BOUNDARIES: AN ORDINANCE TO ESTABLISH BOUNDARIES FOR AN ENTERTAINMENT DISTRICT IN THE CITY OF FAYETTEVILLE AND TO PROMULGATE RULES FOR THE LIMITED OUTDOOR CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES At the August 20, 2019 City Council Meeting this item was left on the first reading City of Fayetteville, Arkansas Page 7 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda R. 4 September 10, 2019 At the September 3, 2019 City Council meeting this ordinance was left on the second reading. 2019-0471 BUFFINGTON WEIR, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BUFFINGTON WEIR, LLC, FOR THE INSTALLATION OF A WATER MAIN ALONG A PORTION OF RUPPLE ROAD, WITH THE ESTIMATED AMOUNT OF $206,070.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,900.00, AND TO APPROVE A BUDGET ADJUSTMENT At the September 3, 2019 City Council meeting this ordinance was left on the first reading C. New Business: C.1 2019-0543 1.1 ' FAYETTEVILLE PUBLIC SCHOOLS RESOURCE OFFICERS: A RESOLUTION TO AUTHORIZE THE ADDITION OF 2.0 FULL TIME EQUIVALENT POSITIONS TO THE POLICE DEPARTMENT TO PROVIDE TWO ADDITIONAL SCHOOL RESOURCE OFFICERS ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT, AND TO APPROVE A BUDGET ADJUSTMENT �2 2019-0570 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71 B IMPROVEMENTS PROJECT City of Fayetteville, Arkansas Page 6 Printed on 9/512019 City Council Agenda Session Agenda Session Tentative Agenda VC -3 2019-0547 RZN 19-6748 (203 E. 13TH ST./DAVIS): September 10, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN LAF.14 2019-0551 RZN 19-6787 (3313 W. MT. COMFORT./COOPER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 2019-0553 VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 2019-0548 VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT City of Fayetteville, Arkansas Page 9 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda LC -75- 2019-0555 September 10, 2019 VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY): AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN ELECTRICAL EASEMENT AND A GENERAL UTILITY EASEMENT C..8 2019-0505 AMEND ORDINANCE 6168: AN ORDINANCE TO AMEND ORDINANCE 6168 TO AUTHORIZE THE PAYMENT OF APPLICABLE FREIGHT CHARGES ASSOCIATED WITH THE REPLACEMENT OF A ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP USED AT THE NOLAND WASTEWATER TREATMENT FACILITY C.9 2019-0540 2019 MILLAGE LEVY: AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2019 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS D. City Council Agenda Session Presentations: D. 1 2019-0477 AGENDA SESSION PRESENTATION - 2019 LEVY RECOMMENDATION AND GENERAL FUND BUDGET DISCUSSION City of Fayetteville, Arkansas Page 10 Printed on 9/5/2019 City Council Agenda Session D.2 2019-0511 Agenda Session Tentative Agenda AGENDA SESSION PRESENTIATON - THE FUTURE OF BIOSOLIDS STUDY E. City Council Tour: F. Announcements: G. Adjournment September 10, 2019 City of Fayetteville, Arkansas Page 11 Printed on 91512019 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorney �C DATE: August 15, 2019 RE: Closing Center Street for Saturday Farmer's Market City Council Member Matthew Petty is sponsoring an ordinance to revise 114.02 Farmer's Market to expand the closure of streets around the Square to include Center Street. This would result in all four streets around the Square being closed to vehicular traffic on Saturdays before and until the end of the Farmer's Market for that day. Closing Center Street will result in reorienting current Farmer's Market stalls away from the interior sidewalk, Old Post Office and fountain to now face Center Street where the vast majority of shoppers/pedestrians will now be expected to walk. It will allow the Farmer's Market to place sales stalls along the north side of Center Street and should provide increased spaces for nonprofit charitable corporations and free speech entities. Such a change only requires minor amendments (changing "Three" to "Four" streets around the Square). All streets will be treated equally with mid - block access off the street and the addition of new spaces for charities and free speech entities. Attached is the proposed ordinance and Dane Eifling "Open Center Street Proposal." Kit Williams City Attorney TO: Mayor Blake Pennington City Council Assistant City Attorney Jodi Batker CC: Don Marr, Chief of Staff par lgal Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorney �C DATE: August 15, 2019 RE: Closing Center Street for Saturday Farmer's Market City Council Member Matthew Petty is sponsoring an ordinance to revise 114.02 Farmer's Market to expand the closure of streets around the Square to include Center Street. This would result in all four streets around the Square being closed to vehicular traffic on Saturdays before and until the end of the Farmer's Market for that day. Closing Center Street will result in reorienting current Farmer's Market stalls away from the interior sidewalk, Old Post Office and fountain to now face Center Street where the vast majority of shoppers/pedestrians will now be expected to walk. It will allow the Farmer's Market to place sales stalls along the north side of Center Street and should provide increased spaces for nonprofit charitable corporations and free speech entities. Such a change only requires minor amendments (changing "Three" to "Four" streets around the Square). All streets will be treated equally with mid - block access off the street and the addition of new spaces for charities and free speech entities. Attached is the proposed ordinance and Dane Eifling "Open Center Street Proposal." ORDINANCE NO. AN ORDINANCE TO AMEND § 114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC WHEREAS, in 2013 the City Council authorized the closing of one block of Block Avenue and Mountain Street as well as maintaining the closure of East Avenue around the Square to almost double the space for Farmer's Market vendors and to put pedestrians in the streets instead of on the sidewalks; and WHEREAS, closing one block of Center Street north of the Old Post Office to vehicular traffic would open additional spaces for Farmer's Market vendors and pedestrians from the sidewalk in front of the Old Post Office and fountain into Center Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby amends §.114,02(B)(1) by repealing the first two sentences of §114.02(B)(1) and enacting two replacement sentences as follows: "The four streets around the Square: East, Mountain, Block and Center shall be closed to traffic immediately before and during the operation of the Farmer's Market on Saturdays. The exterior parking spaces for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non -vendor vehicular traffic. Section _2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 114.02(B)(3) by repealing its first sentence and enacting a replacement first sentence as follows: "(3) Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be set aside, integrated and managed by the Rural Mountain Producer Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates." PASSED and APPROVED this 178' day of September, 2019. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA SMITH, City Clerk/Treasurer FAYETTEVfLLE CODE OF ORDINANCES TITLE X1 BUSINESS REGULATIONS 114.02 CHAPTER 114: FOOD SALES Sections: 114.01 Drive-in Restaurants 114.02 Farmer's Market 114.03 f=irst Thursday Fayetteville 114.04-114.98 Reserved 114.99 Penalty 114.01 Drive -In Restaurants (A) Adrive-in restaurant, within the meaning of this chapter, shall be deemed to be any restaurant Where meals, sandwiches, ice cream, or other food, is served directly to or is permitted to be consumed by patrons In automobiles, motorcycles, or other vehicles parked on the premi,5es. (l3) Prohibited Acts. (1) It shall be unlawful for any person, while on or adjacent to the premises of a drive-in restaurant, to race the motor of any car, to suddenly start or stop any car, or to make or cause to be made, any other land or unseemly noise. (2) It shall also be unlawful for anyother person parked on the premises Of such restaurant, to glow or cause. to be blown any automobile horn or motorcycle horn at any time while so parked. (3) It shall be unlawful for any patron or other person on the premises of a.drive-in restaurant, whether in or out of an automobile, to drink any intoxicating beverage of any nature. (4) It shall be unlawful for a group of three (3) or more persons to congregate and linger at any location on the premises of a drive-in restaurant. Persons so congregating and lingering shall be deemed guilty of loitering. No person shall drive a motorvehicle on to the premises of a drive-in restaurant and then from said premises without parking such motor vehicle:, unless tnure is no unoccupied parking space available on said premises, (5) It shall be unlawful for any person to leave any unoccupied motor vehicle On any drive-in restaurant parking lot and to leave; the premises thereof, except with the knowledge and consent of the operator of the restaurant. (Code 1965, §§7A-1, 7A-3, 7A-4; Ord, No. 1706, 10.6-69; Code 1991, §114.01) 114.02 Farmer's Market (A) Operation of the Farmers' Market on the Square. The nonprofit Dural Mountain Producers Exchange is authorized to continue to operate the Farmers` Market ore the Fayetteville Square in conformance with the following conditions. This marketplace shall be located on the interior Parking spaces (those parking spaces adjoining the Old Post Office) of the Downtown Square. Vendors shall be permitted to park their vehicles at right angles to streetcurbs provided that no vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks CD114:1 114.02 FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS around the Square shall remain freely available to the public with the inside two-thirds width of the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy no more than one-third (113)of the width of the sidewalk directly in front of their assigned parking space. As long as pedestrian traffic is not obstructed or hindered, the corners of the Square's sidewalks and any unoccupied space around the outside third of the sidewalk can be used during the authorized hours and days of the Farmers' Market for governmental communica- tions, free speech and acoustic music purposes. No sound amplification may be used unless approved by the city through its special event permit process. (B) Expanded Saturday Use of the Square, (1) Three (3) streets around the Square: East, Mountain and Block shall be closed to vehicular traffic. The exterior parking spaces for these three (3) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non -vendor vehicular traffic. Vendors using large commer- cial delivery vehicles, such as box trucks, shall either be located on the interior parking spaces around the Old Post Office Building or outside the designated market area to maintain storefront visibility. No vendor parking is allowed on the west side of Block Avenue, except for food trucks which shall be limited to the southernmost and northern- most parking spaces. (2) Pedestrian Aisles. To facilitate the flow of pedestrians between storefront and the streets, midblock pedestrian aisles of at least 5 feet in width shall be maintained on both aides of each closed street if both sides of the street are occupied by vendors or exhibitors (as further shown on Exhibit A which shall remain attached to this ordinance for future reference, but not codified). On the west side of East Avenue, the Old Post Office access easement shall be such an aisle. On the south side of Mountain Street, the opening into the Town Center Plaza shall be used for the aisle. (3) Exhibition Spaces. A minimum of 28 feet on either side of all three (3) closed streets shall be set aside, integrated and managed by the Rural Mountain Producers Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates. The Exchange management shall make available an online form for the reservation of exhibition space on a first-come, first-served basis. No vehicles may be parked within exhibit spaces. Unclaimed exhibition space shall be managed by the Rural Mountain Producers Exchange management and may be used by store owners for sidewalk sales, as temporary seating or by market vendors. (4) Prepared Food Vendors. Vendors serving prepared food for consumption at the Farmers' Market shall not be located directly in front of any restaurant storefront without the written permission of the restaurant owner. Prepared food vendors must supply their own garbage container, ensure the area around their vending location remains constantly CD114:2 OPEN CENTER STREET PROPOSAL Prepared by: Dane Eifling, Bicycle & Pedestrian Programs Coordinator For: Garner Stoll, Development Services Director BACKGROUND The Fayetteville Farmers' Market is a, signature community event that attracts thousands of people to the Fayetteville Square each Saturday through most of the year. As the market continues to draw large crowds it is vital for the City of. Fayetteville to provide a safe and enjoyable pedestrian experience for market goers. Presently, car traffic and parking are being allowed on Center Street on the square during Saturday markets. The constrained pedestrian space on this block forces congestion on the interior of the square. The high pedestrian and car traffic volumes during markets create conflicts making this block difficult for drivers as well. The City of Fayetteville is a leader in providing quality pedestrian infrastructure and has been recognized as a Walk Friendly Community . Fayetteville's 2.ox8 Mobility Plan includes top objectives of providing pedestrian safety and prioritizing a walk -friendly environment at popular destinations. In keeping with these recommendations, the City should consider an ordinance change to make Center Street from East Avenue to Block Avenue pedestrian -only during Saturday Farmers' Markets_ BENEFITS OF PEDESTRAIN SPACE The Farmers' Market demonstrates the value that can be created when prioritizing pedestrians over automobiles. The Farmers' Market generates a major benefit to Fayetteville's local economy because the market provides the best possible pedestrians experience. Creating a pedestrian -only space on this section of Center Street will open nearly 7,000 square feet of new space and connect an additional z0,700 square feet including the Arvest Plaza and sidewalks on the north side of Center Street. The open space created could be used to accommodate Fawners' Market customers and provide much needed booth space as well as added space for complementary events. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 M City Council Agenda Session Tentative Agenda Tuesday, September 10, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Warr! 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions 7Cit Council Meeting Presentations, Reports and Discussion Items: J 2019-0561 NOMINATING COMMITTEE REPORT Agenda Additions September 10, 2019 yCnsent: 2019-0016 APPROVAL OF THE SEPTEMBER 3, 2019 CITY COUNCIL MEETING MINUTES A 2019-0512 ARKANSAS FASHION WEEK: A RESOLUTION TO APPROVE A SHORT TERM LEASE AGREEMENT WITH ARKANSAS FASHION WEEK FOR THE AIRPORT HANGAR AT 4578 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 A.3 2019-0543 FAYETTEVILLE PUBLIC SCHOOLS RESOURCE OFFICERS: \J' A RESOLUTION TO AUTHORIZE THE ADDITION OF 2.0 FULL TIME EQUIVALENT POSITIONS TO THE POLICE DEPARTMENT TO PROVIDE TWO ADDITIONAL SCHOOL RESOURCE OFFICERS ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 9/4/2019 City Council Agenda Session Agenda Session Tentative Agenda September 10, 2019 A:.4 2019-0478 WASTE SOLUTIONS, LLC d/b/a ORION WASTE SOLUTIONS: ' A RESOLUTION TO APPROVE AN AGREEMENT WITH INLAND WASTE SOLUTIONS, LLC D/B/A ORION WASTE SOLUTIONS FOR THE HAULING AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE �. 2019-0502 WASTE MANAGEMENT OF ARKANSAS, INC.: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS A.6 2019-0552 HOGEYE MFG. CO INC. D/B/A HOGBOX: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH HOGEYE MANUFACTURING CO, INC. D/B/A HOGBOX TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS A.7 2019-0556 GARVER, LLC - SHILOH DRIVE AND STEELE BOULEVARD: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $241,850.00 FOR THE DESIGN OF THE FULBRIGHT EXPRESSWAY ACCESS RAMP RELOCATION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 3 Printed on 9/4/2019 City ncil Agenda Session Agenda Session Tentative Agenda 2019-0510 September 10, 2019 JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $3,860.00 FOR ADDITIONAL TRAVEL AND LABOR EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0560 POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT WITH A 10% LOCAL MATCH IN THE ESTIMATED AMOUNT OF $30,000.00 A.10 2019-0559 HAWKINS-WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $54,220.00 FOR CONCEPTUAL DRAINAGE DESIGN SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT Printed on 9/4/2019 City of Fayetteville, Arkansas Page 4 City Council Agenda Session Agenda Session Tentative Agenda A.411 2019-0558 GARVER, LLC - MISSOURI CREEK DRAINAGE BASIN: September 10, 2019 A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $346,700.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ALLEVIATE FLOODING WITHIN THE MISSOURI CREEK DRAINAGE BASIN, AND TO APPROVE A BUDGET ADJUSTMENT 12 2019-0570 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71B IMPROVEMENTS PROJECT A.)13 2019-0513 BID #19-37 PROGRESSIVE TRAIL DESIGN, LLC: A RESOLUTION TO AWARD BID 419-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STEAM CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00 City of Fayetteville, Arkansas Page 5 Printed on 9/4/2019 City Council Agenda Session Agenda Session Tentative Agenda 4 2019-0532 DEMX ARCHITECTURE: September 10, 2019 A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH DEMX ARCHITECTURE, PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $52,000.00 FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE RENOVATION AND REPLACEMENT OF EXISTING RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 A., 155 2019-0504 JACOBS ENGINEERING GROUP, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $254,108.00.00 FOR BIOSOLIDS MASTER PLANNING SERVICES ASSOCIATED WITH THE CITY OF FAYETTEVILLE'S WASTEWATER TREATMENT OPTIONS " J nfinished Business: B 1 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading At the August 20, 2019 City Council Meeting this item was tabled to the September 17, 2019 City Council Meeting. City of Fayetteville, Arkansas Page 6 Printed on 9/4/2019 City Council Agenda Session Agenda Session Tentative Agenda September 10, 2019 B.2 2019-0462 RZN 19-6716 (EAST OF 3638 N. FRONT ST./TRAILS AT MUD CREEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6716 FOR APPROXIMATELY 10.43 ACRES LOCATED EAST OF 3638 NORTH FRONT STREET FROM C-2, THOROUGHFARE COMMERCIAL AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES, SUBJECT TO THE BILL OF ASSURANCE At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. 13..3 2019-0452 ENTERTAINMENT DISTRICT BOUNDARIES: AN ORDINANCE TO ESTABLISH BOUNDARIES FOR AN ENTERTAINMENT DISTRICT IN THE CITY OF FAYETTEVILLE AND TO PROMULGATE RULES FOR THE LIMITED OUTDOOR CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. I3.4 2019-0471 BUFFINGTON WEIR, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BUFFINGTON WEIR, LLC, FOR THE INSTALLATION OF A WATER MAIN ALONG A PORTION OF RUPPLE ROAD, WITH THE ESTIMATED AMOUNT OF $206,070.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,900.00, AND TO APPROVE A BUDGET ADJUSTMENT At the September 3, 2019 City Council meeting this ordinance was left on the first reading. City of Fayetteville, Arkansas Page 7 Printed on 9/4/2019 City Council Agenda Session Agenda Session Tentative Agenda September 10, 2019 C. New Business: Ir'.12019-0505 AMEND ORDINANCE 6168: 0—) AN ORDINANCE TO AMEND ORDINANCE 6168 TO AUTHORIZE THE PAYMENT OF APPLICABLE FREIGHT CHARGES ASSOCIATED WITH THE REPLACEMENT OF A ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP USED AT THE NOLAND WASTEWATER TREATMENT FACILITY J C.2 2019-0562 THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS: A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND y WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT C.3 2019-0544 LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS): A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON -CONFORMING PARCEL City of Fayetteville, Arkansas Page 8 Printed on 9/4/2019 City Council Agenda Session Agenda Session Tentative Agenda 4 2019-0547 RZN 19-6748 (203 E. 13TH ST./DAVIS): September 10, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN cl 2019-0551 RZN 19-6787 (3313 W. MT. COMFORT./COOPER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 6 2019-0553 VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT J2019-0548 VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT City of Fayetteville, Arkansas Page 9 Printed on 9/4/2019 City C unci) Agenda Session Agenda Session Tentative Agenda 2019-0555 VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY): September 10, 2019 AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN ELECTRICAL EASEMENT AND A GENERAL UTILITY EASEMENT 9 2019-0540 2019 MILLAGE LEVY: AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2019 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS D. Ity Council Agenda Session Presentations: D 1 2019-0477 AGENDA SESSION PRESENTATION - 2019 LEVY RECOMMENDATION AND GENERAL FUND BUDGET DISCUSSION 11 a_ 2019-0511 AGENDA SESSION PRESENTIATON - THE FUTURE OF BIOSOLIDS STUDY E. City Council Tour: F. Announcements: G. Adjournment City o/ Fayetteville, Arkansas Page 10 Printed on 9/4/2019 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Jodi Batker THRU: Sondra Smith, City Clerk Paralegal FROM: Kit Williams, City Attorney Y_ DATE: September 18, 2019 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of September 17, 2019 1. A RESOLUTION TO APPROVE A SHORT TERM LEASE AGREEMENT WITH ARKANSAS FASHION WEEK FOR THE AIRPORT HANGAR AT 4578 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 2. A RESOLUTION TO APPROVE AN AGREEMENT WITH INLAND WASTE SOLUTIONS, LLC D/B/A ORION WASTE SOLUTIONS FOR THE HAULING AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE 3. A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 4. A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH HOGEYE MANUFACTURING CO, INC. D/B/A HOGBOX TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 5. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $241,850.00 FOR THE DESIGN OF THE FULBRIGHT EXPRESSWAY ACCESS RAMP RELOCATION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT 6. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $3,860.00 FOR ADDITIONAL TRAVEL AND LABOR EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT 7. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT WITH A 10% LOCAL MATCH IN THE ESTIMATED AMOUNT OF $30,000.00 8. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $54,220.00 FOR CONCEPTUAL DRAINAGE DESIGN SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT 9. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $346,700.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ALLEVIATE FLOODING WITHIN THE MISSOURI CREEK DRAINAGE BASIN, AND TO APPROVE A BUDGET ADJUSTMENT 10. A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STREAM CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00 11. A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH DEMX ARCHITECTURE, PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $52,000.00 FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE RENOVATION AND REPLACEMENT OF EXISTING RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 12. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $254,108.00.00 FOR BIOSOLIDS MASTER PLANNING SERVICES ASSOCIATED WITH THE CITY OF FAYETTEVILLE'S WASTEWATER TREATMENT OPTIONS 2 13. A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT 14. A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON -CONFORMING PARCEL 15. AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS 16. AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BUFFINGTON WEIR, LLC, FOR THE INSTALLATION OF A WATER MAIN ALONG A PORTION OF RUPPLE ROAD, WITH THE ESTIMATED AMOUNT OF $206,070.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $39,320.00, AND TO APPROVE A BUDGET ADJUSTMENT 17. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71B IMPROVEMENTS PROJECT 18. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN 19. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 3 20. AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 21. AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 22. AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN ELECTRICAL EASEMENT AND A GENERAL UTILITY EASEMENT 23. AN ORDINANCE TO AMEND ORDINANCE 6168 TO AUTHORIZE THE PAYMENT OF APPLICABLE FREIGHT CHARGES ASSOCIATED WITH THE REPLACEMENT OF A ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP USED AT THE NOLAND WASTEWATER TREATMENT FACILITY 24. AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2019 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS 4 Chair Sarah Bunch Council Member Ward 3 Position 2 Vice Chair Mark Kinion Council Member Ward 2 Position 1 Nominating Committee Report September 12, 2019 Sonia Gutierrez Council Member Ward 1 Position 1 Teresa Turk Council Member Ward 4 Position 1 Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Mayor recommends the following candidates, for appointment: HISTORIC DISTRICT COMMISSION Meredith Mahan — One unexpired term ending 06/30/20 Jason Smith — One unexpired term ending 06/30/22 TOWN AND GOWN ADVISORY COMMITTEE Hope Davenport — One University of Arkansas Student Living Off Campus Appointed by the Mayor term ending 09/30/21 The Nominating Committee recommends the following candidates for appointment: TOWN AND GOWN ADVISORY COMMITTEE Donna Daniels — One Community Citizen at Large term ending 9/30/21 - Representing Ward 1, 2 or 3 ANIMAL SERVICES ADVISORY BOARD Vacant — One unexpired Licensed Veterinarian/Veterinary Professional term ending 06/30/22 CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS Vacant— One unexpired term ending 03/31/24 ENVIRONMENTAL ACTION COMMITTEE Jeffery Chavis — One unexpired Community Citizen at Large term ending 06/30/21 FAYETTEVILLE ARTS COUNCIL Anthony Ball — One unexpired Arts and Cultural/Citizen at Large term ending 06/30/21 Olivia Trimble — One unexpired Working Artist term ending 06/30/20 Joelle Storet — One unexpired Arts and Cultural term ending 06/30/20 PEG ADVISORY BOARD Caleb Talley — One unexpired term ending 06/30/21 Vacant — One unexpired term ending 06/30/21 PUBLIC FACILITIES BOARD Kara Paxton — One term ending 12/31/25 113 West Mountain Fayetteville AR 72701 (479) 575-8323 www fayetteville-ar qov Quote Taken from Draft -71B -Corridor -Master -Plan -Doc Page 62 New Urbanism is a planning and development approach based on the principles of how cities and towns had been built for the last several centuries: walkable blocks and streets, housing and shopping in close proximity, and accessible public spaces. in other words: New Urbanism focuses on human -scaled urban design. - Congress for the New Urbanism 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Meeting Final Agenda Tuesday, September 17, 2019 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Final Agenda September 17, 2019 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2019-0561 NOMINATING COMMITTEE REPORT Agenda Additions A. Consent A. 1 2019-0512 ARKANSAS FASHION WEEK: A RESOLUTION TO APPROVE A SHORT TERM LEASE AGREEMENT WITH ARKANSAS FASHION WEEK FOR THE AIRPORT HANGAR AT 4578 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 A.2 2019-0478 WASTE SOLUTIONS, LLC d/b/a ORION WASTE SOLUTIONS: A RESOLUTION TO APPROVE AN AGREEMENT WITH INLAND WASTE SOLUTIONS, LLC D/B/A ORION WASTE SOLUTIONS FOR THE HAULING AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE City of Fayetteville, Arkansas Page 2 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 A. 3 A. 5 2019-0502 WASTE MANAGEMENT OF ARKANSAS, INC.: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 2019-0552 HOGEYE MFG. CO INC. D/B/A HOGBOX: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH HOGEYE MANUFACTURING CO, INC. D/B/A HOGBOX TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 2019-0556 GARVER, LLC - SHILOH DRIVE AND STEELE BOULEVARD: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $241,850.00 FOR THE DESIGN OF THE FULBRIGHT EXPRESSWAY ACCESS RAMP RELOCATION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 3 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 A. 6 A. 7 A. 8 2019-0510 JACOBS ENGINEERING GROUP, INC F/K/A C112M HILL ENGINEERS, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $3,860.00 FOR ADDITIONAL TRAVEL AND LABOR EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0560 POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT WITH A 10% LOCAL MATCH IN THE ESTIMATED AMOUNT OF $30,000.00 2019-0559 HAWKINS-WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $54,220.00 FOR CONCEPTUAL DRAINAGE DESIGN SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 A.9 2019-0558 GARVER, LLC - MISSOURI CREEK DRAINAGE BASIN: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $346,700.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ALLEVIATE FLOODING WITHIN THE MISSOURI CREEK DRAINAGE BASIN, AND TO APPROVE A BUDGET ADJUSTMENT A.10 2019-0513 BID #19-37 PROGRESSIVE TRAIL DESIGN, LLC: A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STREAM CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00 A. 11 2019-0532 DEMX ARCHITECTURE: A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH DEMX ARCHITECTURE, PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $52,000.00 FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE RENOVATION AND REPLACEMENT OF EXISTING RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 City of Fayetteville, Arkansas Page 5 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 A.12 2019-0504 JACOBS ENGINEERING GROUP, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $254,108.00.00 FOR BIOSOLIDS MASTER PLANNING SERVICES ASSOCIATED WITH THE CITY OF FAYETTEVILLE'S WASTEWATER TREATMENT OPTIONS A.13 2019-0562 THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS: A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT A.14 2019-0544 LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS): A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON -CONFORMING PARCEL B. Unfinished Business City of Fayetteville, Arkansas Page 6 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 B. 1 B. 2 B. 3 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. At the August 20, 2019 City Council Meeting this item was tabled to the September 17, 2019 City Council Meeting. 2019-0462 RZN 19-6716 (EAST OF 3638 N. FRONT ST./TRAILS AT MUD CREEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6716 FOR APPROXIMATELY 10.43 ACRES LOCATED EAST OF 3638 NORTH FRONT STREET FROM C-2, THOROUGHFARE COMMERCIAL AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES, SUBJECT TO THE BILL OF ASSURANCE At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. 2019-0452 ENTERTAINMENT DISTRICT BOUNDARIES: AN ORDINANCE TO ESTABLISH BOUNDARIES FOR AN ENTERTAINMENT DISTRICT IN THE CITY OF FAYETTEVILLE AND TO PROMULGATE RULES FOR THE LIMITED OUTDOOR CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES At the August 20, 2019 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 7 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 At the September 3, 2019 City Council meeting this ordinance was left on the second reading. B.4 2019-0471 BUFFINGTON WEIR, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BUFFINGTON WEIR, LLC, FOR THE INSTALLATION OF A WATER MAIN ALONG A PORTION OF RUPPLE ROAD, WITH THE ESTIMATED AMOUNT OF $206,070.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,900.00, AND TO APPROVE A BUDGET ADJUSTMENT At the September 3, 2019 City Council meeting this ordinance was left on the first reading. C. New Business C. 1 2019-0539 AMEND §114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE OF THE SQUARE: AN ORDINANCE TO AMEND §114.02 FARMER'S MARKET (B) EXPANDED SATURDAY USE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC C.2 2019-0570 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 7 1 B IMPROVEMENTS PROJECT City of Fayetteville, Arkansas Page 8 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 C. 3 C. 4 C. 5 C. 6 2019-0547 RZN 19-6748 (203 E. 13TH STJDAVIS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN 2019-0551 RZN 19-6787 (3313 W. MT. COMFORT./COOPER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 2019-0553 VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 2019-0548 VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT City of Fayetteville, Arkansas Page 9 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 C.7 2019-0555 VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY): AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN ELECTRICAL EASEMENT AND A GENERAL UTILITY EASEMENT C.8 2019-0505 AMEND ORDINANCE 6168: AN ORDINANCE TO AMEND ORDINANCE 6168 TO AUTHORIZE THE PAYMENT OF APPLICABLE FREIGHT CHARGES ASSOCIATED WITH THE REPLACEMENT OF A ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP USED AT THE NOLAND WASTEWATER TREATMENT FACILITY C.9 2019-0540 2019 MILLAGE LEVY: AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2019 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS D. City Council Agenda Session Presentations D. l 2019-0477 AGENDA SESSION PRESENTATION - 2019 LEVY RECOMMENDATION AND GENERAL FUND BUDGET DISCUSSION City of Fayetteville, Arkansas Page 10 Printed on 9/12/2019 City Council Meeting Meeting Final Agenda September 17, 2019 D.2 2019-0511 AGENDA SESSION PRESENTIATON - THE FUTURE OF BIOSOLIDS STUDY E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 11 Printed on 911212019 City Council Meeting Meeting Final Agenda September 17, 2019 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. 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. Unfinished 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. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. 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. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, 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's 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 City Council. 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 City Council member 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 a City Council member or city staff City of Fayetteville, Arkansas Page 12 Printed on 911212019 City Council Meeting Meeting Final Agenda September 17, 2019 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 Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72 -hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 13 Printed on 9/12/2019 FINAL REVISED MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Tim Nyander, Utilities Director DATE: September 5, 2019 CITY COUNCIL MEMO SUBJECT: Water Main Cost Share at Magnolia Park Subdivision RECOMMENDATION: Staff recommends approving a Cost Share Agreement with Buffington Weir, LLC in the not -to - exceed amount of $262,153.40 for the installation of a 12" water main along Rupple Road between Tanyard Drive and Weir Road, approval of a project contingency in the amount of $39,323.00, and approval of a budget adjustment. BACKGROUND: On October 23, 2018, the City Council approved a cost -share with Buffington for the construction of Rupple Road in association with the annexation and development of a 68.65 acre residential subdivision along the future portion of Rupple Road between Tanyard Drive and Weir Road. On March 25, Buffington received Planning Commission approval for the construction of this proposed subdivision and will be installing new 8" water mains within this development. DISCUSSION: This portion of Rupple Rd. is shown in the Water Master Plan as a portion of the 12" grid to serve this area of the city. The City of Fayetteville would benefit from the cost share as it will provide an extension of this 12" grid and the construction will be less expensive and less disruptive if done during the construction of the subdivision and Rupple Road. The City will be paying for 100% of the construction of this 12" water main and the developer will be responsible for 100% of the construction within the Magnolia Park Subdivision. The developer received bids from contractors for the waterline project. The cost came in at $262,153.40, which is higher than the engineer's estimate. Staff requests approving the cost share agreement in this amount, and approval of a contingency in the amount of $39,323.00. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FINAL REVISED MEMO BUDGET/STAFF IMPACT: This project is funded by the Water Impact Fee Improvements Fund. Water Impact Fee Improvement budgeted funds will be transferred to the Water System Improvement/Replacement project to cover the cost of this project. Attachments: Cost Share Agreement Map of Area Bid Tabulation from Contractor Budget Adjustment FINAL REVISED AGREEMENT CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN UPGRADE COSTS This Agreement, made and entered into on this day of September, 2019, by and between the City of Fayetteville, Arkansas ("City") and Buffington Weir, LLC ("Buffington"), witnesseth: WHEREAS, on October 23, 2018, the City Council approved a cost -share with Buffington for the construction of Rupple Road in association with the annexation and development of a 68.65 acre residential subdivision along the future portion of Rupple Road between Tanyard Drive and Weir Road; and WHEREAS, on March 25, Buffington received Planning Commission approval for the construction of this proposed subdivision and will be installing new 8" water mains within this development; and WHEREAS, this portion of Rupple Rd is shown in the Water Master Plan as a portion of the 12" grid to serve this area of the city; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide an extension of this 12" grid and the construction will be less expensive and less disruptive if done during the construction of the subdivision and Rupple Road; NOW, THEREFORE, the City of Fayetteville, Arkansas and Buffington Weir, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Buffington Weir, LLC for 100% of the cost to install approximately 2,000 linear feet of 12 -inch water main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $262,153.40 with a contingency fund not -to -exceed $39,323.00, as was estimated by the builder's representative and shown on Exhibit "B", attached. B. Remit payments due to Buffington Weir, LLC within sixty (60) days after receipt of valid invoices. 2. Buffington Weir, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. FINAL REVISED AGREEMENT C. Pay for the water main installation (with reimbursement of 100% of the cost by the City of Fayetteville in a not -to -exceed amount of $262,153.40 with a contingency fund not -to -exceed $39,323.00. 3. It is further understood that the contract for construction of the water main upgrade is between Buffington Weir, LLC and its Contractor and that the City has no contractual obligation with either the Contractor or the Engineer. The City's only obligation shall be to participate in this agreement with a not -to -exceed reimbursable amount of $262,153.40 for the water main installation, with a contingency fund not -to -exceed $39,323.00. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: BUFFINGTON WEIR, LLC, By: ATTEST: By:/ CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST: SONDRA SMITH, City Clerk M w Lk-------- - - - - - - - - - - BLUEGRASS PLACE FINAL REVISED Will COST SHARE AREA 300 0I I 300 EXHIBIT A North Rupple Road CD y cn w CD 3 ;a 0 M 0 - 0 PROJECT LOCATION .... ........... IL I North Rupple Road r if North Salem Road EXHIBIT A North Rupple Road CD y cn w CD 3 ;a 0 M 0 - FINAL REVISED BID TABULATION JOB: Rupple R..d E -1 - DES RIPMN; xtensionDESCRIPTION: 1910 LF of Boul-.a City Street EXHIBIT B JOB NO, 19102100 DATE: FINAL REVISED BA City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Water System Rehabilitation/Replacemnt project to fund the cost share for the 12 inch water main on Rupple Road. Budgeted funds from the Water Impact Fee Improvements Project will be transferred to this project to cover the cost of this item. This cost share project meets the requirments for utilizing impact fee fund budgeted funds.. COUNCIL DATE: LEGISTAR FILE ID#: 9/17/2019 2019-0471 K"%w sprt+i.,ex 9/5/2019 10:51 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 602,954 602,954 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.860.7050-5808.00 301,477 - 12009 1902 EX Water Line Improvements 5400.860.7050-6602.30 2300.720.9300-7602.40 301,477 301,477 - 12009 07002 1902 RE 1 EX Transfer from Fund - Impact Fee Transfers To Funds - Water & Sewer Func 2300.720.9300-4999.99 - 301,477 RE Use Fund Balance - Current H:\Budget Adjustments\2019_Budget\City Council\09-17-2019\2019-0471 BA Buffington Weir, LLC.xlsm 1 of 1 AGENDA SESSION WALK ON 9/10/19 Legistar ID No.: 2019-0539 AGENDA REQUEST FORM FOR: Council Meeting of September 3, 2019 FROM: Council Member Matthew Petty ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §114.02 FARMER'S MARKET (S) EXPANDED SATURDAY USE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC APPROVED FOR AGENDA: L7 Council Member atthew Petty Dat City Attorney it Williams Date Approved as to form OFFICE of THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor City Council CC: Dan Marr, Chief of Staff Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorney DATE: August 1 5, 2019 RE: Closing Center Street for Saturday Farmer's Market Kit Williams (,qty Attorne1' Slake Pennington As>fstant City AftorncY Jodi Batker Praiaaie id City Council Member Matthew Petty is sponsoring an ordinance to revise §11}.02 Farmer's Market to expand the closure of streets around the Square to include Center Street. This would result in all four streets around the Square being closed to vehicular traffic on Saturdays before and until the end of the Farmer's Market for that day. Closing Center Street will result in reorienting current Farmer's Market stalls away from the interior sidewalk, Old Post Office and fountain to now face Center Street where the vast majority of shoppers/pedestrians will now be expected to walk. It will allow the Farmer's Market to place sales stalls along the north side of Center Street and should provide increased spaces for nonprofit charitable corporations and free speech entities. Such a change only requires minor amendments (changing "Three" to "Four" streets around the Square). All streets will be treated equally with mid - block access off the street and the addition of new spaces for charities and free speech entities. Attached is the proposed ordinance and Dane Eifling "Open Center Street Proposal." ORDINANCE NO. AN ORDINANCE TO AMEND § 114.02 FARMER'S MARKET (B) EXPANDED SATURDAY DISE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC WHEREAS, in 2013 the City Council authorized the closing of one block of Block Avenue and Mountain Street as well as maintaining the closure of East Avenue around the Square to almost double the space for Farmer's Market vendors and to put pedestrians in the streets instead of on the sidewalks; and WHEREAS, closing one block of Center Street north of the Old Post Office to vehicular traffic would open additional spaces for Farmer's Market vendors and pedestrians from the sidewalk in front of the [old Post Office and fountain into Center Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 114.02(B)(1) by repealing the first two sentences of § 114.02(B)(1) and enacting two replacement sentences as follows: "The four streets around the Square: East, Mountain, Block and Center shall be closed to traffic immediately before and during the operation of the Farmer's Market on Saturdays. The exterior parking spaces for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non -vendor vehicular traffic. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 114.02(B)(3) by repealing its first sentence and enacting a replacement first sentence as follows: "(3) Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be set aside, integrated and managed by the Rural Mountain Producer Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates." PASSED and APPROVED this 17"' day of September, 2019. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA SMITH, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES 114.02 TITLE XI BUSINESS REGULATIONS CHAPTER 114: FOOD SALES Sections: 114.01 Drive -In Restaurants 114.02 Farmer's Market 114.03 First Thursday Fayetteville 114.04-114.98 Reserved 114.99 Penalty 114.01 Drive -In Restaurants (A) A drive-in restaurant, within the meaning of this chapter, shall be deemed to be any restaurant when; meals, sandwiches, ice cream, or other food, is served directly to or is permitted to be consumed by patrons in automobiles, motorcycles, or other vehicles parked on the premises. (B) Prohibited Acis. (1 It shall be unlawful for any person, while on or adjacent to the premises of a drive-in restaurant, to race the motor of any car, to suddenly start or stop any car, or to make or cause to be made, any other loud or unseemly noise. (2) It shall also be unlawful for any other person parked on the premises of such restaurant, to blow or cause to be blown any automobile horn or motorcycle horn at any time while so parked. (3) It shall be unlawful for any patron orother person on the premises of a drive-in restaurant, whether in or out of an automobile, to drink any intoxicating beverage of any nature. (4) It shall be unlawful for a group of three (3) or more persons to congregate and linger at any location on the premises of a drive-in restaurant. Persons so congregating and lingering shall be deemed guilty of loitering. No person shall drive a motorvehicle on to the premises of a drive-in restaurant and thea from said premises without parking such motor vehicle, unless were is no unoccupied parking space available on said premises. (5) It shall be unlawful for any person to leave any unoccupied motor vehicle on any drive-in restaurant parking lot and to leave the premises thereof, except with the knowledge and consent of the operator of the restaurant. (Code 1965, §§7A-1, 7A-3, 7A-4; Ord. No. 1706, 10-6-69; Code 1991, §114.01) 114.02 Farmer's Market (A) operation of the Farmers" Market on the Square. The nonprofit Rural Mountain Producers Exchange is authorized to continue to operate the Farmers' Market on the Fayetteville Square in conformance with the following conditions. This marketplace shall be located on the interior parking spaces (those parking spaces adjoining the Old Post Office) of the Downtown Square. Vendors shall be permitted to park their vehicles at right angles to street curbs provided that no vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks CD114:1 114.02 FAYETfEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS around the Square shall remain freely available to the public with the inside two-thirds width of the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy no more than one-third (1f3)of the width of the sidewalk directly in front of their assigned parking space. As long as pedestrian traffic is not obstructed or hindered, the corners of the Square's sidewalks and any unoccupied space around the outside third of the sidewalk can be used during the authorized hours and days of the Farmers' Market for governmental communica- tions, free speech and acoustic music purposes. No sound amplification may be used unless approved by the city through its special event permit process. (B) Expanded Saturday Use of the Square. (1) Three (3) streets around the Square: East, Mountain and Block shall be closed to vehicular traffic. The exterior parking spaces for these three (3) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non -vendor vehicular traffic. Vendors using large commer- cial delivery vehicles, such as box trucks, shall either be located on the interior parking spaces around the Old Post Office Building or outside the designated market area to maintain storefront visibility.. No vendor parking is allowed on the west side of Block Avenue, except for food trucks which shall be limited to the southernmost and northern- most parking spaces. (2) Pedestrian Aisles. To facilitate the flow of ,pedestrians between storefront and the streets, mid block pedestrian aisles of at least 5 feet in width shall be maintained on both aides of each closed street if both sides of the street are occupied by vendors or exhibitors (as further shown on Exhibit A which shall remain attached to this ordinance for future reference, but not codified). On the west side of East Avenue, the Old Post Office access easement shall be such an aisle. On the south side of Mountain Street, the opening into the Town Center Plaza shall be used for the aisle. (3) Exhibition Spaces. A minimum of 28 feet on either side of all three (3) closed streets shall be set aside, integrated and managed by the Rural Mountain Producers Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates, The Exchange management shall make available an online form for the reservation of exhibition space on a first-come, first-served basis. No vehicles may be parked within exhibit spaces. Unclaimed exhibition space shall be managed by the Dural Mountain Producers Exchange management and may be used by store owners for sidewalk sales, as temporary seating or by market vendors. (4) Prepared Food Vendors. Vendors serving prepared food for consumption at the Farmers' Market shall not be located directly in front of any restaurant storefront without the written permission of the restaurant owner. Prepared food vendors must supply their own garbage container, ensure the area around their vending location remains constantly CD114:2 OPEN CENTER STREET PROPOSAL Prepared by: Dane Eifling, Bicycle & Pedestrian Programs Coordinator For: Garner Stoll, Development Services Director BACKGROUND The Fayetteville Farmers' Market is a ,► signature community event that attracts W4F _ thousands of people to the Fayetteville Square each Saturday through most of + the year. As the market continues to draw large crowds it is vital for the City ofe Fayetteville to �__� 04"1 provide a safe and enjoyable pedestrian experience for market goers. Presently, car traffic and parking are being allowed on Center Street on the square during Saturday r markets. The constrained pedestrian -" space on this block forces congestion on the interior of the square. The high pedestrian and car traffic volumes during markets create conflicts making this block difficult for drivers as well. The City of Fayetteville is a leader in providing quality pedestrian infrastructure and has been recognized as a Walk Friendly Comrnunityr . Fayetteville`s 2o18 Mobility Plan includes top objectives of providing pedestrian safety and prioritizing a walk -friendly environment at popular destinations. In keeping with these recommendations, the City should consider an ordinance change to make Center Street from East Avenue to Block Avenue pedestrian -only during Saturday Farmers' Markets. BENEFITS OF PEDESTRAIN SPACE The Farmers' Market demonstrates the value that can be created when prioritizing pedestrians over automobiles. The Farmers' Market generates a major benefit to Fayetteville's local economy because the market provides the best possible pedestrians experience. Creating a pedestrian -only space on this section of Center Street will open nearly 7,000 square feet of new space and connect an additional 10,700 square feet including the Arvest Plaza and sidewalks on the north side of Center Street. The open space created could be used to accommodate Farmers' Market customers and provide much needed booth space as well as added space for complementary events.. CITY OF FAYETTEVILLE W4ff ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. [15% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) - In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR. [;?rAll addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual ddendums or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. LZAll pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents 10 All bid documents shall be delivered in a sealed envelope to the address listed below before the stated deadline on the coversheet of the bid. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidder's Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72702 CONTRACTOR NAME: v Pt'S i fi i ARKANSAS CONTRACTORS LICENSE NUMBER: OJ7113 05-1 City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 4 of 78 City of Fayetteville Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Bid Form — Section 00 4113 NOTE TO BIDDER: Please use BLACK ink for completing this Bid Form Contract Name: Park Loop Trail, Kessler Mountain Regional Park Bid Number: 19-37 BID TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 Bidder Information INTENT The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid price and within the Bid time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. TERMS AND CONDITIONS Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of the Owner's Notice of Award. City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 13 of 78 BID FORM Continued BIDDER'S REPRESENTATIONS In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that A. Bidder has examined and carefully studied the Bid Documents, and the following Addenda, receipt of all which is hereby acknowledged: Number Date (j 2� B Bidder 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 Bidder 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. D Bidder has carefully studied: (1) 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. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Landscape Architect do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bid Documents with respect to Underground Facilities and/or utilities at or contiguous to the Site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performing and furnishing of the Work in accordance with the times, price, and other terms and conditions of the Contract Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 14 of 78 BID FORM Continued H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports, and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Bidder. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. K This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm, or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over Owner. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 1171IN: Bidders are required to provide pricing for all line items. Failure to provide pricing for all line items can result in bid rejection. The Owner intends to award this contract to the lowest qualified responsive responsible bidder based on the evaluation of the sum of the total base bid. The Owner reserves the right to waive irregularities, reject bids, choose the most qualified bidder for the Project, and to postpone award of the Contract for a period of time which shall not exceed beyond 90 days from the bid opening date. City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 15 of 78 BID FORM Continued In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Should the amount entered into the proposal or bid for this item exceed 5%, the bid shall be rejected. All funds for the total project shall be shown in the Item numbers below. Bidder shall complete the Work in accordance with the Contract Documents for the following price(s): Price Item Description Unit Quantity Unit Price Price DA- 1 grooming, mulching ("'500 SF) and rock placement (3 boulders) L.S. 1 �z �� —stone and mulch provided by 1 Mobilization (Not to Exceed 5% of L. S. 1 Total Bid) _ DZ locations (on westernmost site, eradicate dual side-by-side S.F. Z Bonds and Insurance L. S, 1 crossings and construct 1 in new i 3 Corridor Clearing and Grubbing LF, 6,600 (6,600 LF @ 8' wide x 8' high) 4 New Trail Construction — 5' wide L.F.. 6 300 OC) (6,300 LF) 5 New Trail Construction — 3' wide L.F. 300 ("'300 LF) � ✓`1 6 Armored Stream Crossing -4 S. F. TOTAL BASE BID: ;� C F� 'VW -S� ?C Y� yj tr Dollars DEDUCTIVE ALTERNATES Acceptance of Alternate Bids is at the City of Fayetteville's discretion, as best serves the City of Fayetteville's interest. The price of the Bid for each alternate will be the amount to be deducted from the price of the Total Base Bid if the City of Fayetteville selects any of the alternates. Alternates must be taken in order of listing below. The unit price amount for each alternate shall be the same as the unit price amount listed in the Total Base Bid. City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 16 of 78 Item Description � Unit Quantity Unit Price Price Scenic Overlook clearing, DA- 1 grooming, mulching ("'500 SF) and rock placement (3 boulders) L.S. 1 �z �� —stone and mulch provided by Client. Armored Stream Crossings — 2 _ DZ locations (on westernmost site, eradicate dual side-by-side S.F. 340 � ,.� crossings and construct 1 in new location) 680 locations Item Description � Unit Quantity Unit Price Price Scenic Overlook clearing, DA- 1 grooming, mulching ("'500 SF) and rock placement (3 boulders) L.S. 1 �z �� —stone and mulch provided by Client. Armored Stream Crossings — 2 _ DZ locations (on westernmost site, eradicate dual side-by-side S.F. 340 � ,.� crossings and construct 1 in new location) TOTAL BASE BID PLUS TOTAL OF DEDUCTIVE ALTERNATES: f3 Vey s7,, otzel Dollars NOTICE: FAILURE TO PROVIDE DEDUCTIVE ALTERNATE PRICING CAN RESULT IN BID BEING REJECTED. City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 17 of 78 CONTRACT TI M ES Bidder agrees that the Work will be substantially completed and ready for final payment within the number of calendar days indicated in the Agreement. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. BID CONTENT The following documents are attached to and made a condition of this Bid: A Required Bid security in the form of a cashier's check from a financial institution located in the State of Arkansas or a Bid Bond in the amount of: ollars ($ _,3,Q B. A tabulation of Subcontractors and other persons and organizations are required to be identified in this Bid. SUBCONTRACTORS No Bid shall be based upon an aggregate of Subcontractors performing more than 50 percent of the total Work. The Bidder further certifies that proposals from the following subcontractors were used in the preparation of this Bid; and if awarded a contract, Bidder agrees not to enter into Contracts with others for these divisions of the Work without written approval from the Owner. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Subcontractor Subcontractor's Division of Work Subcontractor's Percentage of Work Arkansas Contractor License # Street Address, City, State, Zip Code Subcontractor Subcontractor's Division of Work Subcontractor's Percentage of Work Arkansas Contractor License # Street Address, City, State, Zip Code City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 18 of 78 COMMUNICATIONS Communications concerning this Bid shall be addressed to the Bidder as follows j� Contact Person Name ,_ Q5 an S�0,4 U/e,�' Telephone Number: TERMINOLOGY The terms used in this Bid which are defined in the GENERAL CONDITIONS or Instructions to Bidders will have the meanings assigned to them. CONTRACTOR'S ASSURANCES AND EXECUTf0N SIGNATURE Contractor's Assurances: As the authorized representative of the individual, incorporation, or corporation (hereinafter referred to as the company) bidding on or participating in the project, I certify that I have read and understand the requirements of the General and/or Supplemental Conditions and that the principles, agents and employees of the company will comply with these requirements including all relevant statutes and regulations issued pursuant thereto. I further certify as the authorized agent of the company that: EQUAL OPPORTUNITY: I will comply with all requirements of 41 CFR Chapter 60 and Executive Orders 11246 and 11375, including inclusion of all required equal opportunity clauses in each sub -contract awarded greater than $10,000 and I will furnish a similar statement from each proposed subcontractor, when appropriate. I will also comply with all Equal Employment Opportunity requirements as defined by Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; and Section 13 of the Federal Water Pollution Control Act Amendments of 1972 regarding sex discrimination. NONSEGREGATED FACILITIES: The company that I represent does not and will not maintain any facilities provided for its employees in a segregated manner, or permit its employees to perform their services at any location under company control where segregated facilities are maintained; and that the company will obtain a similar certification prior to the award of any subcontract exceeding $10,000 which is not exempt from the equal opportunity clause. LABOR STANDARDS: I will comply with the Labor Standards Provisions contained in the Contract Documents and furnish weekly payrolls and certifications as may be required by the City of Fayetteville to affirm compliance. I will also require that weekly payrolls be submitted to the City of Fayetteville for all subcontracts greater than $2,000. OSHA REQUIREMENTS: I will comply with the Department of Labor Safety and Health Regulations promulgated under Section 107 of the Contract Work Hours and Safety Standard Act (40 U.S.C. 327-333) in the performance of the contract. City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 19 of 78 PROCUREMENT PROHIBITIONS: As required by Executive Order 11738, Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, I certify that I will not procure goods and services from persons who have been convicted of violations of either law if the goods or services are to be produced by the facility that gave rise to the violation. DEBARMENT AND SUSPENSION: I certify that to the best of my knowledge and belief that the company that I represent and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000. Execution/Signatures for Contractor Assurances above, Bid and Bid Form: KOM SUBMITTED on Arkansas State General Contractor's License Number: OU, j, CJ2' � City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 20 of 78 2019. BID FORM Continued If Bidder is An Individual: Name (type or printed): By (SEAL) (Individual's Signature) Doing business as: Business address Phone No Fax No Email address: A Partnership: Partnership Name! (SEAL) By: (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Business address: Phone No: Fax No: Email address: City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 21 of 78 BID FORM Continued A Corporation or Limited Liability Company [LLC): Corporation Name: State of Incorporation: C. hj LIX_ (CORPORATE SEAL) Type (General Business, Professional, Service, Limited Liability): .ll�. i P oQ..L • CL ��` By:-� (Signature of general partner -attach evidence of authority to sign) Name (type or printed): Ra_fffi _t f.'JOc.C,(li2" Title. Pres d -P,4� Attest: (5 gna ure of Corporate Secretary) Business address: 3-15-Y 2— 3 1, %h Jj A �' • a Phone No.07 '`� Fax No: Email address: END OF BID FORM City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 22 of 78 City of Fayetteville Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Bid Bond — Section 00 4116 STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: , CA) + rincipal and Contractor, and ' GLArU-4"CC- CQ2402e�A .4( hereinafter called Surety, are held and firmly bound unto the City of Fayetteville, Arkansas and represented by its Mayor and City Council, hereinlafte/rr called Owner, in the sum of '1r2ci(t • ���I )ll�rl-t°al f w 17/" -> DOLLARS QJ) lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: Construction — Park Loop Trail, Kessler Mountain Regional Park City of Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within 15 consecutive calendar days after written notice having been given of the award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 15 consecutive calendar days after written notice of such acceptance enters into a written Contract with the Owner and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. City of Fayetteville, AR Bid 19-37, Construction - Kessler Mountain Nature Trails Rebid Page 23 of 78 TOWN 4F CAS LE ROCK C Q 1 O A A o 0 July 10, 2013 To whom it may concern, Since 2010, the Town of Castle Rock has had the pleasure to work with Progressive Trails Design (PTD) on several projects. We first became aware of PTD while soliciting bids through the Professional Trails Building Association. Since that time, PTD has exhibited extensive knowledge, professionalism and passion in developing sustainable trail systems and bike park facilities. Their suggestions and guidance during the process of developing our new trail systems was top notch. The Town's most popular trail system located on Ridgeline Open Space, originally built in 2008, offered 6.5 miles of single-track trails weaving through the bluffs and valleys above the Town. In 2010, the Town hired PTD to expand the trail system to accommodate a ten -mile continuous loop. PTD built an additional 7 miles of trail and completed the project on time and on budget. Furthermore, the trails that they had designed and constructed are in great shape and have required little, if no maintenance other than the expected clearing of vegetation to keep the corridor clear, truly a "sustainable trail". Today the trails at Ridgeline are well known and used by many up and down the Front Range bring in visitors and helping to spur the growth of Castle Rock. In an effort to keep up with new trends in the biking industry, The Town built the first phase of Rhyolite Bike Park in 2008. At that time, the park included a beginner downhill flow line with a return trail back to the top. In an effort to continue the development of the Bike Park, in 2010, the Town added an additional intermediate and advanced flow line with fabricated jump lips and a wall ride. The new addition was a success. However, the flow of the trails was an issue expressed by the park users; PTD was brought in to assist. PTD evaluated the site, reworked berms, consolidated small rollers into large tabletop jumps and greatly improved the flow of the courses. Furthermore, PTD added an additional mulch pit jump to the park. The changes were well received and the Town requested PTD to design and build a new session zone for the park. The new session includes a beginner, intermediate and advanced lines with jumps, rollers, berms and a curved wall ride off the advanced line. Again, the new feature was a huge success bringing in additional users and interest to the park. PTB successfully built the new session zone at a very fair rate and completed the project ahead of schedule. The Town of Castle Rock would absolutely use PTD on any future trail projects and would highly recommend them for such work. The Town has truly enjoyed working with Woody, Clayton and the entire team at PTD; they are professional, knowledgeable and bring great ideas to the table. Sincer Richard Havel, Trails Planner Town of Castle Rock, Parks and Recreation Department 2301 Woodlands Blvd. Castle Rock, CO 80104 rhavel@crgov.com 720.733.4482 www.crgov.com Parks and Recreation Department 2301 Woodlands Blvd Castle Rock, CO 80104 P: 303.814.7444 F: 303.660.1011 Wilderness matters April 7,201S Jack McMahan To whom it may concern, E. Peter floffman, Jr. Tricia L Everest My name is Jack McMahan of Wilderness Matters, Inc., a non-profit dedicated to Martha J. Ferretti creating accessible natural experiences. One of our first big trail projects was the renovation of Martin Nature Park in Oklahoma City, OK. The goal was to fund the design and construction of a world-class, natural surface accessible trail. In order to achieve results and make a final decision to hire Progressive Trail Designs I interviewed park owners and managers from 19 municipal parks across the United States. I met with park rangers working for the National Parks Service and the Accessibility coordinator for the US Forest Service who helped me understand the concepts of sustainable trail construction and the benefits of selecting an experience, professional trail builder. I joined the American Trail Association and with their guidance met and interviewed the president of the Professional Trail Builders Association. Collectively, these energetic, caring professionals helped me identify and interview five trail building companies who bid on our project at Martin Park. Through all of my research and ad hoc education my confidence in Nathan "Woody" Woodruff and PTD continued to grow. With Woody's help we were able to fulfill a remarkable solution that captured my vision while protecting the critical environment of the local nature park. But it wasn't until the PTD crews went to work that I fully understood this company's ability to artistically interpret the landscape and artfully blend form with function to achieve remarkable results. PTD has excelled in every aspect of their work with us. They delivered a beautiful trail that exceeded everyone's expectations. Our project was completed on time and on budget. They sourced local materials quickly and cost effectively. Their crews have always been on time, incredibly respectful and fully and personally invested in our success. It has been my pleasure to work with Progressive Trail Design. Sincerely, Jack McMahan Executive Director 1713 Huntington Ave., Nichols Hills, OK 73116 1 405.748,0114 1 To whom it may concern, I am the Director of Trails and Grounds here at Crystal Bridges Museum of American Art. Over the past two years I have had the opportunity to work with Nathan at Progressive Trails, and it has been an incredible experience. Progressive Trail Design have given me faith that true craftsmanship is not dead, but very much alive. They build their trails the right way, when other builders would have taken the easier route, Progressive chose the correct route. Each member of their team had a winning attitude and I thoroughly enjoyed seeing them on the trail. This World class museum hit a home run when we chose Progressive Trails to be our partner in this endeavor. If you have any questions, feel free to contact me at 479-418-5731. Thank you, Scott Eccleston August 28, 2011 Re: Progressive Trail Design, LLC To Whom It May Concern: I have had the opportunity to work with Progressive Trail Design, LLC for the last five (5) years. During this time, Progressive has designed and built approximately twenty-two (22) miles of rnulti-use trails for the Bentonville/Bella Vista Trailblazers Association, Inc. Progress Trail Design has excelled in: 1. Professional layout and design for the trails. They have done a very good job in working the trains into the hilly terrain that we have in Northwest Arkansas. 2. Developed comprehensive budgets that they live within. 3. Have a very good concern for the affect the trail will have on the environment and have worked to minimize the impact. 4. Have met their construction schedules. 5. Have a great "EYE" for building trailheads and other trail features that make a strong statement to the ultimate trail user. a. Progressive has utilized a lot of native rock work on some of the specialized trails that lets the trail user know that they are utilizing a world-class trail network. 6. Have been very helpful in the design of signage for the various trails. The quality of our multi -use trails is having a strong economic impact for Northwest Arkansas. We have mountain bike riders corning from numerous states to ride our trails. believe that Progressive Trail Design, LLC has shown that they are very capable of doing a professional job in designing and building top-notch trails and would recommend thews for you next project. Sincerely, Bob Norwood Board Member and Head of Trail Construction P.O. Box 5774 Bella Vista, AR 72714 - A50 1 (C) (3) Corporation BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Progressive Trail Design, LLC as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Boulevard, Suite 1100, Houston, Tx 77056, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Fayetteville, Arkansas as obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Construction - Kessler Mountain Trails Rebid NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 1st day of August, 2019. progressive Trail Design, LLC (Principal) BY: TITLE SureTec Insurance Company BY: Danny L�e Schneider, Attorney -in -Fact SureTec Bid Bond Rev 1.1.06 POA lt: 410021 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Alf Men by These Present's, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Michael A Luttrell, Danny L Schneider, Billy Eugene Bennett Jr., Adrian W Luttrell its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, seated with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fac[ may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Bea Resolved that the signature of any authorizcd officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meeting held on 20'A of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 22nd day of May , A.D. 2018 . SURETEC CE PANY !', RAtd — wc',, ..� Cl By UJ i w a John Kr Jr., C State of Texas ss: s,.� ,t.� County of Harris On this 22nd day of May , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. 0,4 It,,? XHIIA rHA:VFZ :4f1f�9 r;r Nora Public, ;tate of Texas ''•rkY�� Comn�. Expires u9-10-2020 - "v:•,. •. k, , Xe avez, Notary Public Ff%,N Notary ID 129117659 � commission expires September 1 , 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1st -- day of A : ust , 20, A.D. . Brebtffieaty, AsAi~tant Secreta Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 6:00 pm CST. LEGEND. TYPICAL LARGE STONE FOR BENCH ROCKS Minimum stone size shall EXISTING FACILITIES be approx. 18" x 18" x 4" 1� Existing Natural Surface Trails Stone to k used m thick. Typical armored �i Existing Paved Trails bench rocks are smooth, sections will be 5' wide flat-topped, about 14"-18" ^wo Paved Roads Bench stones are high and about 36"- 48" Gravel Roads to be embedded on each sl +- 50' Index Contours in ground, stabilized to prevent 10' Intermediate Contours movement, with no voids present Streams that could cause entrapment. ^.. � PROPOSED FACILITIES 1i Proposed Trail (— 6,600 linear feet) Overlook Seating (Deductive Alternate #1) - Armored Stream Crossing: (4 total including Deductive Alternate #2) t clean said rake area for use as overlook - evenly spread wood much (epprbximafey 500 SF 91 a depth of 3 to 4Inches) (mukch material to be provided by Owner) existing nlertepf upper rim drainage channel Ve-cawted ` Slope ,vppoland— trcxls t JA 171 r� �--- place and ombed place and embed large tweo large stones slaves to farm an 'edge' to be used as along •im of slope that seating {C ty to drops of into intercept supply stones) drain channel DEDUCTIVE ALTERNATE #1: CIVERL OK Armoring of wet areas and stream crossings shall be completed in a like manner TYPICAL EXAMPLE - TREAD ARMORING Typical example of good 'flow' for natural surface trail LOCATIONS FOR DEDUCTIVE ALTERNATE #2: T ®� Park Boundary W KESSLER pa�K e�II KESSLER MOUNTAIN REGIONAL PARK LOCATION F0 DEDUCTIVE ALTERNATE #1: Stone shall be fully embeded into ground so only surface is exposed and interlocked together to prevent displacement. Stone shall extend continuously through wet areas and extend at least 6' (one bike length) up the embankment on each side of the stream channel IVAaRIME 0"fM8l»*ZLITA01AMI&OW01�61:8I NAi1u Example of grade reversal - it is necessary to provide frequent grade reversals to turn water runoff away from trail tread. Example of 36" wide, well -drained ' natural surface trail tread z � a �4 0 110 220 960 660 880 Fee[ J Y E- d a J 0z O a� z og zz O U 0 LU uJ z rn CU Y >N w LL� owQ FY>: _QR uLLQ I JULY 2019 et: 1 SCOPE OF PROJECT Open proposed trail corridor by removing all vegetation including small trees, shrubs, vines, including grubbing of stumps and stobs, and pruning of all roots exposed by tread construction. • Remove all side and overhead limbs that protrude into the corridor as shown on the corridor clearing limits section. • Construct approximately 6,600 linear feet of natural surface trail. • The majority of the new trail (— 6,300 LF) shall have a predominant tread width of 60". • Tread width may be reduced to 36"through dense vegetation or in areas of excessively steep cross slopes (— 300 LF). Areas of reduced tread width must be approved by Project Manager prior to construction. • Harden stream crossings with stone armoring in four locations as shown in example photo and as described in Deductive Alternate #2 (680 square feet total). LOCATIONS FOR DEDUCTIVE ALTERNATE #2: LOCATION FOR DEDUCTIVE ALTERNATE #1: Remove all woody. vegetation from within the trail's clearing limits. Cut branches and canes at jo ints for a clean, 'natural' look. DEDUCTIVE ALTERNATE #1: %le • Clear ground plane for overlook at top of ballfield slope in the location designated by Project Manager (-500 square feet) • Transport and install three large bench stones to serve as seating (Stones to be provided by City), (Installation locations within cleared area to be selected by Project Manager) • Transport and spread wood mulch across surface of overlook area (— 500 SF), (Wood mulch to be provided by City) DEDUCTIVE ALTERNATE #2: A • Install stone armoring at creek crossings - embed large stones as shown in example photo and construct comparable to existing armoring at swale crossing above existing trailhead. • Typical armored crossing to be Twide x 10'across and to include an additional 6' ramp up the creek embankment on each side (— 170 square feet at each location) . Westernmost crossing on north creek has two separate oU�aary ^ fords separated by about PatK 20'. These two crossings 11Pshall be eliminated by 00 0 brushing out disturbed tread (covering existing tread with woody debris). r • Construct new crossing approximately and 'wrenexisting fords and direct trail traffic onto higher KESSLER MOUNTAIN ground on north side of I REGIONAL PARK creek (location tobe confirmed by Project 13 Manager) spa V TailwaY 4 The completed trail tread will bJJJ���'' ' r,aurrea 24"to48"wide. Cut �J, lQy �42.a Park Boundary Trail Corridor: ■ 1 The full dimensions ofthe trail, including the disturbed area on each side ofthe ■ tread and the space overhead, that need to be cleared of brush and obstacles. CLEARING LIMITS ° TYPICAL NATURAL SURFACE TRAIL CORRIDOR SECTION_ not to scale -- �r 0 110 220 960 660 880 F— o Q 0o Lu aIr K O H O U 0 Lu J z Cl) O w U Y L4 J J 5. L, �N LLf owQ FYs: uLL _LL4 Q JULY 2019 et: 2 FINAL REVISED MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Tim Nyander, Utilities Director DATE: September 5, 2019 CITY COUNCIL MEMO SUBJECT: Water Main Cost Share at Magnolia Park Subdivision RECOMMENDATION: Staff recommends approving a Cost Share Agreement with Buffington Weir, LLC in the not -to - exceed amount of $262,153.40 for the installation of a 12" water main along Rupple Road between Tanyard Drive and Weir Road, approval of a project contingency in the amount of $39,323.00, and approval of a budget adjustment. BACKGROUND: On October 23, 2018, the City Council approved a cost -share with Buffington for the construction of Rupple Road in association with the annexation and development of a 68.65 acre residential subdivision along the future portion of Rupple Road between Tanyard Drive and Weir Road. On March 25, Buffington received Planning Commission approval for the construction of this proposed subdivision and will be installing new 8" water mains within this development. DISCUSSION: This portion of Rupple Rd. is shown in the Water Master Plan as a portion of the 12" grid to serve this area of the city. The City of Fayetteville would benefit from the cost share as it will provide an extension of this 12" grid and the construction will be less expensive and less disruptive if done during the construction of the subdivision and Rupple Road. The City will be paying for 100% of the construction of this 12" water main and the developer will be responsible for 100% of the construction within the Magnolia Park Subdivision. The developer received bids from contractors for the waterline project. The cost came in at $262,153.40, which is higher than the engineer's estimate. Staff requests approving the cost share agreement in this amount, and approval of a contingency in the amount of $39,323.00. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FINAL REVISED MEMO BUDGET/STAFF IMPACT: This project is funded by the Water Impact Fee Improvements Fund. Water Impact Fee Improvement budgeted funds will be transferred to the Water System Improvement/Replacement project to cover the cost of this project. Attachments: Cost Share Agreement Map of Area Bid Tabulation from Contractor Budget Adjustment FINAL REVISED AGREEMENT CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN UPGRADE COSTS This Agreement, made and entered into on this day of September, 2019, by and between the City of Fayetteville, Arkansas ("City") and Buffington Weir, LLC ("Buffington"), witnesseth: WHEREAS, on October 23, 2018, the City Council approved a cost -share with Buffington for the construction of Rupple Road in association with the annexation and development of a 68.65 acre residential subdivision along the future portion of Rupple Road between Tanyard Drive and Weir Road; and WHEREAS, on March 25, Buffington received Planning Commission approval for the construction of this proposed subdivision and will be installing new 8" water mains within this development; and WHEREAS, this portion of Rupple Rd is shown in the Water Master Plan as a portion of the 12" grid to serve this area of the city; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide an extension of this 12" grid and the construction will be less expensive and less disruptive if done during the construction of the subdivision and Rupple Road; NOW, THEREFORE, the City of Fayetteville, Arkansas and Buffington Weir, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Buffington Weir, LLC for 100% of the cost to install approximately 2,000 linear feet of 12 -inch water main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $262,153.40 with a contingency fund not -to -exceed $39,323.00, as was estimated by the builder's representative and shown on Exhibit "B", attached. B. Remit payments due to Buffington Weir, LLC within sixty (60) days after receipt of valid invoices. 2. Buffington Weir, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. FINAL REVISED AGREEMENT C. Pay for the water main installation (with reimbursement of 100% of the cost by the City of Fayetteville in a not -to -exceed amount of $262,153.40 with a contingency fund not -to -exceed $39,323.00. 3. It is further understood that the contract for construction of the water main upgrade is between Buffington Weir, LLC and its Contractor and that the City has no contractual obligation with either the Contractor or the Engineer. The City's only obligation shall be to participate in this agreement with a not -to -exceed reimbursable amount of $262,153.40 for the water main installation, with a contingency fund not -to -exceed $39,323.00. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: BUFFINGTON WEIR, LLC, By: ATTEST: By:/ CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST: SONDRA SMITH, City Clerk M w Lk-------- - - - - - - - - - - BLUEGRASS PLACE FINAL REVISED Will COST SHARE AREA 300 0I I 300 EXHIBIT A North Rupple Road CD y cn w CD 3 ;a 0 M 0 - 0 PROJECT LOCATION .... ........... IL I North Rupple Road r if North Salem Road EXHIBIT A North Rupple Road CD y cn w CD 3 ;a 0 M 0 - FINAL REVISED BID TABULATION JOB: Rupple R..d E -1 - DES RIPMN; xtensionDESCRIPTION: 1910 LF of Boul-.a City Street EXHIBIT B JOB NO, 19102100 DATE: FINAL REVISED BA City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Water System Rehabilitation/Replacemnt project to fund the cost share for the 12 inch water main on Rupple Road. Budgeted funds from the Water Impact Fee Improvements Project will be transferred to this project to cover the cost of this item. This cost share project meets the requirments for utilizing impact fee fund budgeted funds.. COUNCIL DATE: LEGISTAR FILE ID#: 9/17/2019 2019-0471 K"%w sprt+i.,ex 9/5/2019 10:51 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 602,954 602,954 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.860.7050-5808.00 301,477 - 12009 1902 EX Water Line Improvements 5400.860.7050-6602.30 2300.720.9300-7602.40 301,477 301,477 - 12009 07002 1902 RE 1 EX Transfer from Fund - Impact Fee Transfers To Funds - Water & Sewer Func 2300.720.9300-4999.99 - 301,477 RE Use Fund Balance - Current H:\Budget Adjustments\2019_Budget\City Council\09-17-2019\2019-0471 BA Buffington Weir, LLC.xlsm 1 of 1 AGENDA SESSION WALK ON 9/10/19 Legistar ID No.: 2019-0539 AGENDA REQUEST FORM FOR: Council Meeting of September 3, 2019 FROM: Council Member Matthew Petty ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §114.02 FARMER'S MARKET (S) EXPANDED SATURDAY USE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC APPROVED FOR AGENDA: L7 Council Member atthew Petty Dat City Attorney it Williams Date Approved as to form OFFICE of THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor City Council CC: Dan Marr, Chief of Staff Peter Nierengarten, Sustainability Director FROM: Kit Williams, City Attorney DATE: August 1 5, 2019 RE: Closing Center Street for Saturday Farmer's Market Kit Williams (,qty Attorne1' Slake Pennington As>fstant City AftorncY Jodi Batker Praiaaie id City Council Member Matthew Petty is sponsoring an ordinance to revise §11}.02 Farmer's Market to expand the closure of streets around the Square to include Center Street. This would result in all four streets around the Square being closed to vehicular traffic on Saturdays before and until the end of the Farmer's Market for that day. Closing Center Street will result in reorienting current Farmer's Market stalls away from the interior sidewalk, Old Post Office and fountain to now face Center Street where the vast majority of shoppers/pedestrians will now be expected to walk. It will allow the Farmer's Market to place sales stalls along the north side of Center Street and should provide increased spaces for nonprofit charitable corporations and free speech entities. Such a change only requires minor amendments (changing "Three" to "Four" streets around the Square). All streets will be treated equally with mid - block access off the street and the addition of new spaces for charities and free speech entities. Attached is the proposed ordinance and Dane Eifling "Open Center Street Proposal." ORDINANCE NO. AN ORDINANCE TO AMEND § 114.02 FARMER'S MARKET (B) EXPANDED SATURDAY DISE OF THE SQUARE TO CLOSE CENTER STREET TO VEHICULAR TRAFFIC WHEREAS, in 2013 the City Council authorized the closing of one block of Block Avenue and Mountain Street as well as maintaining the closure of East Avenue around the Square to almost double the space for Farmer's Market vendors and to put pedestrians in the streets instead of on the sidewalks; and WHEREAS, closing one block of Center Street north of the Old Post Office to vehicular traffic would open additional spaces for Farmer's Market vendors and pedestrians from the sidewalk in front of the [old Post Office and fountain into Center Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 114.02(B)(1) by repealing the first two sentences of § 114.02(B)(1) and enacting two replacement sentences as follows: "The four streets around the Square: East, Mountain, Block and Center shall be closed to traffic immediately before and during the operation of the Farmer's Market on Saturdays. The exterior parking spaces for these four (4) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non -vendor vehicular traffic. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 114.02(B)(3) by repealing its first sentence and enacting a replacement first sentence as follows: "(3) Exhibition Spaces. A minimum of 28 feet on either side of all four (4) closed streets shall be set aside, integrated and managed by the Rural Mountain Producer Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates." PASSED and APPROVED this 17"' day of September, 2019. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA SMITH, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES 114.02 TITLE XI BUSINESS REGULATIONS CHAPTER 114: FOOD SALES Sections: 114.01 Drive -In Restaurants 114.02 Farmer's Market 114.03 First Thursday Fayetteville 114.04-114.98 Reserved 114.99 Penalty 114.01 Drive -In Restaurants (A) A drive-in restaurant, within the meaning of this chapter, shall be deemed to be any restaurant when; meals, sandwiches, ice cream, or other food, is served directly to or is permitted to be consumed by patrons in automobiles, motorcycles, or other vehicles parked on the premises. (B) Prohibited Acis. (1 It shall be unlawful for any person, while on or adjacent to the premises of a drive-in restaurant, to race the motor of any car, to suddenly start or stop any car, or to make or cause to be made, any other loud or unseemly noise. (2) It shall also be unlawful for any other person parked on the premises of such restaurant, to blow or cause to be blown any automobile horn or motorcycle horn at any time while so parked. (3) It shall be unlawful for any patron orother person on the premises of a drive-in restaurant, whether in or out of an automobile, to drink any intoxicating beverage of any nature. (4) It shall be unlawful for a group of three (3) or more persons to congregate and linger at any location on the premises of a drive-in restaurant. Persons so congregating and lingering shall be deemed guilty of loitering. No person shall drive a motorvehicle on to the premises of a drive-in restaurant and thea from said premises without parking such motor vehicle, unless were is no unoccupied parking space available on said premises. (5) It shall be unlawful for any person to leave any unoccupied motor vehicle on any drive-in restaurant parking lot and to leave the premises thereof, except with the knowledge and consent of the operator of the restaurant. (Code 1965, §§7A-1, 7A-3, 7A-4; Ord. No. 1706, 10-6-69; Code 1991, §114.01) 114.02 Farmer's Market (A) operation of the Farmers" Market on the Square. The nonprofit Rural Mountain Producers Exchange is authorized to continue to operate the Farmers' Market on the Fayetteville Square in conformance with the following conditions. This marketplace shall be located on the interior parking spaces (those parking spaces adjoining the Old Post Office) of the Downtown Square. Vendors shall be permitted to park their vehicles at right angles to street curbs provided that no vehicle shall be permitted to extend into the street in such a manner as to obstruct the free flow of traffic, and no vehicle shall be parked within 15 feet of any fire plug. All public sidewalks CD114:1 114.02 FAYETfEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS around the Square shall remain freely available to the public with the inside two-thirds width of the sidewalks free from any tables, booths or displays. Farmers' Market vendors may occupy no more than one-third (1f3)of the width of the sidewalk directly in front of their assigned parking space. As long as pedestrian traffic is not obstructed or hindered, the corners of the Square's sidewalks and any unoccupied space around the outside third of the sidewalk can be used during the authorized hours and days of the Farmers' Market for governmental communica- tions, free speech and acoustic music purposes. No sound amplification may be used unless approved by the city through its special event permit process. (B) Expanded Saturday Use of the Square. (1) Three (3) streets around the Square: East, Mountain and Block shall be closed to vehicular traffic. The exterior parking spaces for these three (3) streets around the Square shall be available for vendors and exhibitors pursuant to subsection (3) below as assigned by the Rural Mountain Producers' Exchange management by closing these streets and parking spaces to non -vendor vehicular traffic. Vendors using large commer- cial delivery vehicles, such as box trucks, shall either be located on the interior parking spaces around the Old Post Office Building or outside the designated market area to maintain storefront visibility.. No vendor parking is allowed on the west side of Block Avenue, except for food trucks which shall be limited to the southernmost and northern- most parking spaces. (2) Pedestrian Aisles. To facilitate the flow of ,pedestrians between storefront and the streets, mid block pedestrian aisles of at least 5 feet in width shall be maintained on both aides of each closed street if both sides of the street are occupied by vendors or exhibitors (as further shown on Exhibit A which shall remain attached to this ordinance for future reference, but not codified). On the west side of East Avenue, the Old Post Office access easement shall be such an aisle. On the south side of Mountain Street, the opening into the Town Center Plaza shall be used for the aisle. (3) Exhibition Spaces. A minimum of 28 feet on either side of all three (3) closed streets shall be set aside, integrated and managed by the Rural Mountain Producers Exchange management as exhibition space for nonprofit charitable corporations and free speech entities including issue campaigns and candidates, The Exchange management shall make available an online form for the reservation of exhibition space on a first-come, first-served basis. No vehicles may be parked within exhibit spaces. Unclaimed exhibition space shall be managed by the Dural Mountain Producers Exchange management and may be used by store owners for sidewalk sales, as temporary seating or by market vendors. (4) Prepared Food Vendors. Vendors serving prepared food for consumption at the Farmers' Market shall not be located directly in front of any restaurant storefront without the written permission of the restaurant owner. Prepared food vendors must supply their own garbage container, ensure the area around their vending location remains constantly CD114:2 FINAL AGREEMENT AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2019, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Hogeye Mfg. Co. Inc. d/b/a HOGBOX (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste and/or Recyclables using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using equipment commonly referred to as dumpsters with capacities of six (6) cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Hauler shall not collect waste generated from residential or multi -family properties with the exception of construction/demolition activities which are allowed. 4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of- ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid waste hauling services and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. Any construction/demolition waste that is not hauled to and accepted by a permitted construction and demolition waste sorting facility or any recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10% Solid Waste Fee. 5. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed construction and demolition waste sorting facility. Hauler shall pay all tip fees to the construction and demolition waste sorting facility operator, transfer station fees to the transfer station operator and all landfill fees to the landfill operator, as they may be established and amended, from time to time. Page ] of 6 FINAL AGREEMENT 6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated report, on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received from customers within the City; (iii) such list shall clearly indicate whether each payment was from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (including those for non-profit organizations) including but not limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation", on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) volumes of recycling collected, in tons, by commodity, with disposition by destination market, for all recycling; (ii) volumes of construction and demolition waste delivered to permitted construction and demolition waste sorting facility and percentage of material recovered. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to Page 2 of 6 FINAL AGREEMENT competitors." This information will only be reviewed by City financial staff, and will not be made available to City solid waste staff. 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non -disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30th on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 11. Hauler agrees and understands that it shall provide by June 30th on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. 12. Hauler agrees that it shall provide by June 30th on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, environmental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all dumpsters and open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure compliance with approved materials and to ensure that the vehicles are safe and well-maintained and that all containers are well-maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. Page 3 of 6 FINAL AGREEMENT 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be Lori Devecsery. Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement: a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. C) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence Page 4 of 6 FINAL AGREEMENT 21. Termination: a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (30) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. C) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Environmental Director 113 West Mountain Street Fayetteville, AR 72701 Hogeye Mfg. Co. Inc. Attn: Lori Devecsery 2900 South City Lake Road Fayetteville, AR 72701 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non- exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. Page 5 of 6 FINAL AGREEMENT 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated, for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable' law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE LIONELD JORDAN, Mayor ATTEST: HOGEYE MFG. CO. INC. By: NAME, Title WITNESS: By: By: SONDRA SMITH, City Clerk Attachment A: Solid Waste Documentation Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 10% of Grand Total: Fee to be remitted to City for this account Attachment B: Recycling Documentation Note: This form should also be used for reporting Construction & Demolition Waste that is taken to a permitted Construction and Demolition Waste sorting facility Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 5% of Grand Total: Fee to be remitted to City for this account FINAL AGREEMENT AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2019, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Inland Waste Solutions, LLC d/b/a Orion Waste Solutions (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: 1. The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class I and Class 4 Solid Waste and/or Recyclables using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -ofd' style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using equipment commonly referred to as dumpsters with capacities of six (6) cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Hauler shall not collect waste generated from residential or multi -family properties with the exception of construction/demolition activities which are allowed. 4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in Item 43 above, Hauler agrees and understands that it shall be required to pay a monthly fee of: ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid waste hauling services and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. Any construction/demolition waste that is not hauled to and accepted by a permitted construction and demolition waste sorting facility or any recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10% Solid Waste Fee. 5. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed construction and demolition waste sorting facility. Hauler shall pay all tip fees to the construction and demolition waste sorting facility operator, transfer station fees to the transfer station operator and all landfill fees to the landfill operator, as they may be established and amended, from time to time. Page 1 of 6 FINAL AGREEMENT G. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated report, on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received from customers within the City, (iii) such list shall clearly 'indicate whether each payment was from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (including those for non-profit organizations) including but not limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation", on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) volumes of recycling collected, in tons, by commodity, with disposition by destination market, for all recycling; (ii) volumes of construction and demolition waste delivered to permitted construction and demolition waste sorting facility and percentage of material recovered. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information'). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to Page 2 of 6 FINAL AGREEMENT competitors." This information will only be reviewed by City financial staff, and will not be made available to City solid waste staff. 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non -disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30' on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 11. Hauler agrees and understands that it shall provide by June 300 on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. 12. Hauler agrees that it shall provide by June 30th on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental [duality, the Solid Waste District with jurisdiction, and any local permitting agency. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, enviromnental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all dumpsters and open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure compliance with approved materials and to ensure that the vehicles are safe and well-maintained and that all containers are well-maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. Page 3 of 6 FINAL AGREEMENT 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be Devin Gardner. Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler"s breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement. a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. c) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LIMI'T'S OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,040,00+0 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Dama e Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence 21. Termination: Page 4 of 6 FINAL AGREEMENT a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (34) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. C) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Environmental Director 113 West Mountain Street Fayetteville, AR 72741 Orion Waste Solutions Attn: Kevin Gardner 848 Highway 264 E Bethel Heights, AR 72764 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non- exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-141 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. Page 5 of 6 FINAL AGREEMENT 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable law and regulation in erect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE M. LIONELD JORDAN, Mayor ATTEST: SONDRA SMITH, City Clerk ORION WASTE SOL Dean AUTIVIVUcc. Executive Officer Page 6 of 6 FINAL AGREEMENT AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2019, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Waste Management of Northwest Arkansas (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste and/or Recyclables using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using equipment commonly referred to as dumpsters with capacities of six (6) cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Hauler shall not collect waste generated from residential or multi -family properties with the exception of construction/demolition activities which are allowed. 4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of- ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid waste hauling services and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. Any construction/demolition waste that is not hauled to and accepted by a permitted construction and demolition waste sorting facility or any recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10% Solid Waste Fee. 5. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed construction and demolition waste sorting facility. Hauler shall pay all tip fees to the construction and demolition waste sorting facility operator, transfer station fees to the transfer station operator and all landfill fees to the landfill operator, as they may be established and amended, from time to time. Page ] of 6 FINAL AGREEMENT 6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated report, on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received from customers within the City; (iii) such list shall clearly indicate whether each payment was from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (including those for non-profit organizations) including but not limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation", on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) volumes of recycling collected, in tons, by commodity, with disposition by destination market, for all recycling; (ii) volumes of construction and demolition waste delivered to permitted construction and demolition waste sorting facility and percentage of material recovered. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to Page 2 of 6 FINAL AGREEMENT competitors." This information will only be reviewed by City financial staff, and will not be made available to City solid waste staff. 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non -disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30th on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 11. Hauler agrees and understands that it shall provide by June 30th on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. 12. Hauler agrees that it shall provide by June 30th on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, environmental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all dumpsters and open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure compliance with approved materials and to ensure that the vehicles are safe and well-maintained and that all containers are well-maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. Page 3 of 6 FINAL AGREEMENT 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be Waste Management's Public Sector Services Manager. Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement: a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. C) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence Page 4 of 6 FINAL AGREEMENT 21. Termination: a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (30) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. C) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Waste Management of Northwest Arkansas Environmental Director Attn: George Wheatley 113 West Mountain Street 1041 Arbor Acres Avenue Fayetteville, AR 72701 Springdale, AR 72762 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non- exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. Page 5 of 6 FINAL AGREEMENT 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE WASTE MANACFEMENT OF AR, INC. By: By: LIONELD JORDAN, Mayor GE RGE WHEATLEY, Sr. Mgr arket Planning ATTEST: SONDRA SMITH, City Clerk WITNESS: Page 6 of 6 Attachment A: Solid Waste Documentation Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 5% of Grand Total: Fee to be remitted to City for this account City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Agenda Session Tentative Agenda Tuesday, September 10, 2019 4:30 PM City Hall Room 326 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member Sarah Marsh Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Kyle Smith Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Agenda Session Agenda Session Tentative Agenda Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2019-0561 NOMINATING COMMITTEE REPORT Agenda Additions A. Consent: A. 1 2019-0016 September 10, 2019 APPROVAL OF THE SEPTEMBER 3, 2019 CITY COUNCIL MEETING MINUTES A.2 2019-0512 ARKANSAS FASHION WEEK: A RESOLUTION TO APPROVE A SHORT TERM LEASE AGREEMENT WITH ARKANSAS FASHION WEEK FOR THE AIRPORT HANGAR AT 4578 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 A.3 2019-0478 WASTE SOLUTIONS, LLC D/B/A ORION WASTE SOLUTIONS: A RESOLUTION TO APPROVE AN AGREEMENT WITH INLAND WASTE SOLUTIONS, LLC D/B/A ORION WASTE SOLUTIONS FOR THE HAULING AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE City of Fayetteville, Arkansas Page 2 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda A. 6 2019-0502 WASTE MANAGEMENT OF ARKANSAS, INC.: September 10, 2019 A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 2019-0552 HOGEYE MFG. CO INC. D/B/A HOGBOX: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH HOGEYE MANUFACTURING CO, INC. D/B/A HOGBOX TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 2019-0556 GARVER, LLC - SHILOH DRIVE AND STEELE BOULEVARD: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $241,850.00 FOR THE DESIGN OF THE FULBRIGHT EXPRESSWAY ACCESS RAMP RELOCATION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 3 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda A. 7 A. S 2019-0510 September 10, 2019 JACOBS ENGINEERING GROUP, INC F/K/A C112M HILL ENGINEERS, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $3,860.00 FOR ADDITIONAL TRAVEL AND LABOR EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT 2019-0560 POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT WITH A 10% LOCAL MATCH IN THE ESTIMATED AMOUNT OF $30,000.00 2019-0559 HAWKINS-WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $54,220.00 FOR CONCEPTUAL DRAINAGE DESIGN SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 4 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda A.10 2019-0558 GARVER, LLC - MISSOURI CREEK DRAINAGE BASIN: September 10, 2019 A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $346,700.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ALLEVIATE FLOODING WITHIN THE MISSOURI CREEK DRAINAGE BASIN, AND TO APPROVE A BUDGET ADJUSTMENT A. 11 2019-0513 BID #19-37 PROGRESSIVE TRAIL DESIGN, LLC: A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STREAM CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00 A.12 2019-0532 DEMX ARCHITECTURE: A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH DEMX ARCHITECTURE, PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $52,000.00 FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE RENOVATION AND REPLACEMENT OF EXISTING RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 City of Fayetteville, Arkansas Page 5 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda A.13 2019-0504 JACOBS ENGINEERING GROUP, INC.: September 10, 2019 A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $254,108.00.00 FOR BIOSOLIDS MASTER PLANNING SERVICES ASSOCIATED WITH THE CITY OF FAYETTEVILLE'S WASTEWATER TREATMENT OPTIONS A.14 2019-0562 THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS: A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT A.15 2019-0544 LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS): A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON -CONFORMING PARCEL B. Unfinished Business: City of Fayetteville, Arkansas Page 6 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda B. 1 B. 2 B. 3 2019-0401 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: September 10, 2019 AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS At the July 16, 2019 City Council Meeting this item was left on the first reading. At the August 6, 2019 City Council Meeting this item was left on the second reading. At the August 20, 2019 City Council Meeting this item was tabled to the September 17, 2019 City Council Meeting. 2019-0462 RZN 19-6716 (EAST OF 3638 N. FRONT ST./TRAILS AT MUD CREEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6716 FOR APPROXIMATELY 10.43 ACRES LOCATED EAST OF 3638 NORTH FRONT STREET FROM C-2, THOROUGHFARE COMMERCIAL AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO CS, COMMUNITY SERVICES, SUBJECT TO THE BILL OF ASSURANCE At the August 20, 2019 City Council Meeting this item was left on the first reading. At the September 3, 2019 City Council meeting this ordinance was left on the second reading. 2019-0452 ENTERTAINMENT DISTRICT BOUNDARIES: AN ORDINANCE TO ESTABLISH BOUNDARIES FOR AN ENTERTAINMENT DISTRICT IN THE CITY OF FAYETTEVILLE AND TO PROMULGATE RULES FOR THE LIMITED OUTDOOR CONSUMPTION OF ALCOHOL IN CERTAIN PUBLIC PLACES At the August 20, 2019 City Council Meeting this item was left on the first reading. City of Fayetteville, Arkansas Page 7 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda B. 4 September 10, 2019 At the September 3, 2019 City Council meeting this ordinance was left on the second reading. 2019-0471 BUFFINGTON WEIR, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BUFFINGTON WEIR, LLC, FOR THE INSTALLATION OF A WATER MAIN ALONG A PORTION OF RUPPLE ROAD, WITH THE ESTIMATED AMOUNT OF $206,070.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,900.00, AND TO APPROVE A BUDGET ADJUSTMENT At the September 3, 2019 City Council meeting this ordinance was left on the first reading. C. New Business: C. 1 2019-0543 FAYETTEVILLE PUBLIC SCHOOLS RESOURCE OFFICERS: A RESOLUTION TO AUTHORIZE THE ADDITION OF 2.0 FULL TIME EQUIVALENT POSITIONS TO THE POLICE DEPARTMENT TO PROVIDE TWO ADDITIONAL SCHOOL RESOURCE OFFICERS ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT, AND TO APPROVE A BUDGET ADJUSTMENT C.2 2019-0570 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71B IMPROVEMENTS PROJECT City of Fayetteville, Arkansas Page 8 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda C. 3 C. 4 C. 5 C. 6 2019-0547 RZN 19-6748 (203 E. 13TH STJDAVIS): September 10, 2019 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN 2019-0551 RZN 19-6787 (3313 W. MT. COMFORT./COOPER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL 2019-0553 VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 2019-0548 VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT City of Fayetteville, Arkansas Page 9 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda C.7 2019-0555 September 10, 2019 VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY): AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN ELECTRICAL EASEMENT AND A GENERAL UTILITY EASEMENT C.8 2019-0505 AMEND ORDINANCE 6168: AN ORDINANCE TO AMEND ORDINANCE 6168 TO AUTHORIZE THE PAYMENT OF APPLICABLE FREIGHT CHARGES ASSOCIATED WITH THE REPLACEMENT OF A ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP USED AT THE NOLAND WASTEWATER TREATMENT FACILITY C.9 2019-0540 2019 MILLAGE LEVY: AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2019 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS D. City Council Agenda Session Presentations: D. l 2019-0477 AGENDA SESSION PRESENTATION - 2019 LEVY RECOMMENDATION AND GENERAL FUND BUDGET DISCUSSION City of Fayetteville, Arkansas Page 10 Printed on 9/5/2019 City Council Agenda Session Agenda Session Tentative Agenda D.2 2019-0511 AGENDA SESSION PRESENTIATON - THE FUTURE OF BIOSOLIDS STUDY E. City Council Tour: F. Announcements: G. Adjournment September 10, 2019 City of Fayetteville, Arkansas Page 11 Printed on 9/5/2019 City of Fayetteville, Arkansas Text File File Number: 2019-0561 Agenda Date: 9/17/2019 Version: 1 In Control: City Council Meeting Agenda Number: 1. NOMINATING COMMITTEE REPORT 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Agenda Ready File Type: Report City of Fayetteville, Arkansas Page 1 Printed on 915/2019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0016 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Minutes Agenda Number: A. 1 APPROVAL OF THE SEPTEMBER 3, 2019 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 915/2019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0512 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 2 ARKANSAS FASHION WEEK: File Type: Resolution A RESOLUTION TO APPROVE A SHORT TERM LEASE AGREEMENT WITH ARKANSAS FASHION WEEK FOR THE AIRPORT HANGAR AT 4578 SOUTH SCHOOL AVENUE FOR RENT IN THE AMOUNT OF $1,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a short term lease agreement, a copy of which is attached to this Resolution and made a part hereof, with Arkansas Fashion Week, an Arkansas nonprofit corporation, for the airport hangar at 4578 South School Avenue from October 1, 2019 to October 6, 2019, for rent in the amount of $1,000.00. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0512 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Summer Fallen 8/29/2019 AIRPORT SERVICES (760) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval and signature of the Mayor on a short-term lease agreement between the City of Fayetteville and Arkansas Fashion Week. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 CITY COUNCIL MEMO TO: Mayor Lioneld Jordan Fayetteville City Council THRU: Don Marr, Chief of Staff FROM: Summer Fallen, Airport Manager DATE: August 29, 2019 SUBJECT: Arkansas Fashion Week Short -Term Lease Agreement RECOMMENDATION: Staff recommends approval and signature of the Mayor on a short-term lease agreement between the City of Fayetteville and Arkansas Fashion Week for corporate hangar space. BACKGROUND: Arkansas Fashion Week showcases local boutiques, designers and artists. DISCUSSION: Arkansas Fashion Week will host a fashion show in the 9,600 sq ft. hangar at the Airport. BUDGET/STAFF IMPACT: This lease will provide $1,000 in revenue to the airport ATTACHMENTS: SRF SRM Short Term Lease Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 SHORT TERM LEASE AGREEMENT between The City of Fayetteville, Arkansas and Arkansas Fashion Week This Short Term Lease Agreement is entered into by the City of Fayetteville, Arkansas ("City") and Arkansas Fashion Week, an Arkansas nonprofit corporation, for the use of hangar space available at Drake Field: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by Arkansas Fashion Week as obligations to the City, the City lets, leases and demises unto Arkansas Fashion Week, subject to the terms and conditions contained herein, the following described property (the "Leased Premises") situated in the City of Fayetteville, Washington County, Arkansas: Corporate hangar space (approx. 9,600 sq ft) located on the S.E. corner of ramp at 4578 S. School Ave. Fayetteville, AR 2. Term. This lease shall commence on October 1 st, 2019 at 8:00 am, and shall end on October 6th, 2019 at 12:00 pm. 3. Rent. Arkansas Fashion Week agrees to pay to City as rental for the term of this lease the sum of $1,000.00. Payment shall be due on or before October 1st, 2019. 4. Use. Arkansas Fashion Week agrees to use the leased premises for events related to Northwest Arkansas Fashion Week. 5. Cleaning and Maintenance. Arkansas Fashion Week shall be responsible for cleaning the Leased Premises prior to returning possession to the City. 6. Restricted Areas. Access by Arkansas Fashion Week employees, agents or guests to the Airport Flight Line (which includes the apron and runway) or other hangars is strictly prohibited. Arkansas Fashion Week shall provide personnel to ensure that no person attending its events enters any restricted area. 7. Assignment or Sublease. Arkansas Fashion Week shall not assign this lease or sublet the Leased Premises without prior written consent of the City. 8. Holdover. Arkansas Fashion Week hereby agrees that upon termination of this lease by expiration or by earlier termination for any reason whatsoever, it will remove its property from the Leased Premises immediately. 9. Termination. The City hereby reserves the right to terminate this lease at any time during the term of this lease if payment of rent is not received in accordance with Paragraph 3. 10. Hold Harmless and Indemnification. Arkansas Fashion Week shall hold harmless, defend and indemnify the City of Fayetteville, its officers, and employees, against any and all claims, actions, suits, charges and judgments whatsoever that arise out of Arkansas Page I of 2 Fashion Week's use of the Leased Premises; and does agree and understand that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas 11. Non -Waiver. It is agreed that the failure of the City to invoke any of the available remedies under this lease or under law in the event of one or more breaches or defaults by Arkansas Fashion Week under the lease shall not be construed as a waiver of such provisions and conditions and shall not prevent the City from invoking such remedies in the event of any future breach or default. 12. Succession. This lease agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 13. Severability. Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs will remain in full force and effect. 14. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 15. Notices. Notices may be sent to the parties at the following addresses: City of Fayetteville, Arkansas ATTN: Airport Manager 4500 S. School Avenue Fayetteville, Arkansas 72701 Arkansas Fashion Week ATTN: Robin Atkinson 3024 N. Bailey Oak Dr. Fayetteville, AR 72703 16. Entire Agreement. This lease agreement contains the entire agreement of both parties hereto, and no other oral or written agreement shall be binding on the parties hereto. This lease agreement supersedes all prior agreements, contracts and understandings of any kind between the parties relating to the subject matter hereof. This agreement may be executed in all or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN AGREEMENT with all the terms, promises, and conditions set out above, the parties sign their names below this day of , 2019: CITY OF FAYETTEVILLE: ARKANSAS FASHION WEEK LIONELD JORDAN, Mayor By: ROSIN Kf SON. Director Page 2 of 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0478 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 3 WASTE SOLUTIONS, LLC d/b/a ORION WASTE SOLUTIONS: A RESOLUTION TO APPROVE AN AGREEMENT WITH INLAND WASTE SOLUTIONS, LLC D/B/A ORION WASTE SOLUTIONS FOR THE HAULING AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIAL IN THE CITY OF FAYETTEVILLE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement with Inland Waste Solutions, LLC d/b/a Orion Waste Solutions, a copy of which is attached to this Resolution, for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 Shannon Newman Submitted By City of Fayetteville Staff Review Form 2019-0478 Legistar File ID 9/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/12/2019 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Inland Waste Solutions, LLC d/b/a Orion Waste Solutions, to haul and dispose of solid waste and recyclable material in the City of Fayetteville. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 3, 2019 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Peter Nierengarten, Environmental Director Jeff Coles, Recycling and Trash Collections Director FROM: Shannon Newman, Financial Analyst - Recycling and Trash Collections DATE: August 12, 2019 SUBJECT: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Inland Waste Solutions, LLC d/b/a Orion Waste Solutions, to haul and dispose of solid waste and recyclable material in the City of Fayetteville RECOMMENDATION: Staff recommends City Council approval of a resolution with Inland Waste Solutions, LLC d/b/a Orion Waste Solutions, for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville. BACKGROUND: City Code 50.29 - Private Collectors; Contract With City Required No person, except a duly authorized agent or employee of the city, shall empty garbage or trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the city, without a written contract with the city. (Code 1965, §10-46; Ord. No. 1194, 4-6-59; Code 1991, §50.29) In accordance with this City Code, Orion Waste Solutions has submitted a request for contract to haul solid waste and recyclable material within the city limits of Fayetteville. There are currently 9 approved franchise haulers operating in the city of Fayetteville. Attached is a list of these haulers and the materials they are approved to haul. DISCUSSION: The hauling contract will permit Orion Waste Solutions to collect and haul Class 1 and Class 4 solid waste and/or recyclables using open -top roll -off style containers with capacities of 20 cubic yards or greater, or roll -off style compactors with capacities of 20 cubic yards or greater. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using dumpsters with capacities of 6 cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. The agreement requires Orion Waste Solutions to pay a monthly fee to the City of Fayetteville of 10% of the gross revenue received for providing solid waste hauling services and 5% of the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. The term of the agreement will be 2 years with automatic renewals for 2 additional 2 -year terms. Staff proposes approval for Inland Waste Solutions, LLC d/b/a Orion Waste Solutions to haul and dispose of solid waste and recyclable material within the City of Fayetteville per the terms of the attached agreement. BUDGET/STAFF IMPACT: None Attachments: Franchise Haulers Inland Waste Solutions, LLC d/b/a Orion Waste Solutions Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2019, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Inland Waste Solutions, LLC d/b/a Orion Waste Solutions (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: 1. The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste and/or Recyclables using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using equipment commonly referred to as dumpsters with capacities of six (6) cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Hauler shall not collect waste generated from residential or multi -family properties with the exception of construction/demolition activities which are allowed. 4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of. ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid waste hauling services and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. Any construction/demolition waste that is not hauled to and accepted by a permitted construction and demolition waste sorting facility or any recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10% Solid Waste Fee. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed construction and demolition waste sorting facility. Hauler shall pay all tip fees to the construction and demolition waste sorting facility operator, transfer station fees to the transfer station operator and all landfill fees to the landfill operator, as they may be established and amended, from time to time. Page 1 of 6 6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated report, on or before the 15' of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received from customers within the City; (iii) such list shall clearly indicate whether each payment was from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (including those for non-profit organizations) including but not limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation", on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) volumes of recycling collected, in tons, by commodity, with disposition by destination market, for all recycling; (ii) volumes of construction and demolition waste delivered to permitted construction and demolition waste sorting facility and percentage of material recovered. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to Page 2 of 6 competitors." This information will only be reviewed by City financial staff, and will not be made available to City solid waste staff. 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non -disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30' on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 11. Hauler agrees and understands that it shall provide by June 30th on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. 12. Hauler agrees that it shall provide by June 301 on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, environmental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all dumpsters and open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are safe and well-maintained and that all containers are well-maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. Page 3 of 6 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be . Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either parry may change its designated Point of Contact upon ten (10) days prior written notice to the other parry. 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement: a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. C) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence 21. Termination: Page 4 of 6 a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (30) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. C) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Environmental Director 113 West Mountain Street Fayetteville, AR 72701 Orion Waste Solutions Attn: Kevin Gardner 848 Highway 264 E Bethel Heights, AR 72764 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non- exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. Page 5 of 6 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE IN LIONELD JORDAN, Mayor ATTEST: By: SONDRA SMITH, City Clem ORION WASTE SOLUTIONS Dean Rattler WITNESS. By- - `y Pave 6 of 6 Officer Attachment A: Solid Waste Documentation Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 10% of Grand Total: Fee to be remitted to City for this account Attachment B: Recycling Documentation Note: This form should also be used for reporting Construction & Demolition Waste that is taken to a permitted Construction and Demolition Waste sorting facility Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 5% of Grand Total: Fee to be remitted to City for this account City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0502 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 4 WASTE MANAGEMENT OF ARKANSAS, INC.: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH WASTE MANAGEMENT OF ARKANSAS, INC. TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an agreement with Waste Management of Arkansas, Inc., a copy of which is attached to this Resolution, for the hauling of solid waste and recyclable material in the City of Fayetteville with automatic renewals for two additional two year terms. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0502 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Shannon Newman 8/28/2019 RECYCLING/TRASH COLLECTION (750) Submitted By Submitted Date Division / Department Action Recommendation: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Waste Management of Northwest Arkansas, to haul and dispose of solid waste and recyclable material in the City of Fayetteville Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 197-13, 169-12, Purchase Order Number: Previous Ordinance or Resolution # 55-07, 33-04 Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Peter Nierengarten, Environmental Director Jeff Coles, Recycling and Trash Collections Director FROM: Shannon Newman, Financial Analyst - Recycling and Trash Collections DATE: August 28, 2019 SUBJECT: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Waste Management of Northwest Arkansas, to haul and dispose of solid waste and recyclable material in the City of Fayetteville RECOMMENDATION: Staff recommends City Council approval of a resolution with Waste Management of Northwest Arkansas, for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville. BACKGROUND: City Code 50.29 - Private Collectors; Contract With City Required No person, except a duly authorized agent or employee of the city, shall empty garbage or trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the city, without a written contract with the city. (Code 1965, §10-46; Ord. No. 1194, 4-6-59; Code 1991, §50.29) In accordance with this City Code, Waste Management of Northwest Arkansas has submitted a request for contract to haul solid waste and recyclable material within the city limits of Fayetteville. The City of Fayetteville approved a hauling agreement for Waste Management in 2004 and subsequent extensions in 2007, 2012, and 2013. The front pages of these resolutions are attached. The extensions on the original contract have expired, therefore a new agreement is requested. DISCUSSION: The hauling contract will permit Waste Management of Northwest Arkansas to collect and haul Class 1 and Class 4 solid waste and/or recyclables using open -top roll -off style containers with capacities of 20 cubic yards or greater, or roll -off style compactors with capacities of 20 cubic yards or greater. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using dumpsters with capacities of 6 cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The agreement requires Waste Management of Northwest Arkansas to pay a monthly fee to the City of Fayetteville of 10% of the gross revenue received for providing solid waste hauling services and 5% of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. The term of the agreement will be 2 years with automatic renewals for 2 additional 2 -year terms. Staff proposes approval for Waste Management of Northwest Arkansas to haul and dispose of solid waste and recyclable material within the City of Fayetteville per the terms of the attached agreement. BUDGET/STAFF IMPACT: None Attachments: Resolutions 33-04, 55-07, 169-12, 197-13 Waste Management of Northwest Arkansas Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville RESOLUTION No. - 04 0 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS WITH ANY WASTE HAULER DOING BUSINESS IN FAYETTE ILLE IN THE FORM OF ATTACHED EXHIBIT A WHEREAS, the City Council of the City of Fayetteville, Arkansas has approved the form ofthe agreement to haul and dispose ofsolid waste in the cit} of Fayetteville at a fair and appropriate contract for any waste hauler wishing to do business in Fayetteville; and WHEREAS, the City Council of the City of Fayetteville, Arkansas wishes to give a d all such waste haulers tine to agree to this contract that enforcementof §59.29, nvate Collectors, contract with Cityrequired(adoptedn959) should not be actively entered until March 1, 2004. NOW, THEREFORE, BE IT RESOLVED Y THE CITY COUNCIL OF C&Ak, THE CITY OF F YETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute agreements to haul and dispose of solid waste in the City f Fayetteville (ire the form of Exhibit A) with any and all waste haulers operating within the City, and specifically approves the Agreements signed by Waste Management of Arkansas, Inc. and Roll Off Services, Inc. i PASSED and APPROVED this the 2 na day ofMarch, 2004. APPROVED. oe4P T 4F. By: It By: SOND SMITH, City Clerk if RESOLUTION ION N. 55-07 0 0 A RESOLUTION AUTHORIZING IZING 1 SIE MAYOR TO EXECUTE CONTRAST WITH WASTE MANAGEMENT of ARKANSAS S To HALL AND DISPOSE OF SOLID WASTE WITHIN THE CITY LIMITS OF FAYETTEVILLE. E I1 RESOLVED BY THE CITY COUNCIL CIL F THE IT FAYETTEVILLE, ARKANSAS: 4 Section 1. That the City Council of the City o f Fayetteville, Arkansas hereby authorizes the Mayor to execute a contract with Waste Management f Arkansas to haul and dispose of solid waste within the city limits of Fayetteville. A copy of the contract marked Exhibit "A"/ is attached hereto and made a part hereof. PASSED and APPROVED this 3rd day of April, 2007. APPROVED: By: IRAN COO Y, May ATTEST: By: .•' ` • ��' mac,. • AYEVI LLE ; r � ON RA E, SMITH, City Clerk/Treasurer RESOLUTION NO. 169-12 A RESOLUTION APPROVING ONE (1) YEAR EXTENSION AGREEMENTS WITH DEFFENBAUGH INDUSTRIES, HOG BOX AND WASTE MANAGEMENT OF NORTHWEST ARKANSAS TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLING IN THE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves one (1) year extension agreements with Deffenbaugh Industries, Hog Box and Waste Management of Northwest Arkansas to haul and dispose of solid waste and recycling in the City. Copies of each of the agreements are attached to this Resolution and incorporated herein. PASSED and APPROVED this 21 s" day of August, 2012. APPROVED: LM ATTEST: 4kwn;�'-- ':e' 4ft& SO DRA E. SMITH, City Clerk/Treasurer Y.TRr,1�'i�i Y SOF' FAYETTEVILLE; %9sy :;kANSP. J`"`tee RESOLUTION NO. 197-13 A RESOLUTION TO APPROVE ONE YEAR EXTENSION AGREEMENTS WITH DEFFENBAUGH INDUSTRIES, HOG BOX, WASTE MANAGEMENT OF NORTHWEST ARKANSAS, AND ALLIED WASTE SERVICES OF BELLA VISTA TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLING IN FAYETTEVILLE IN EXCHANGE FOR A FRANCHISE FEE OF 10% AND TO AUTHORIZE OR RATIFY MAYOR JORDAN'S EXECUTION OF SUCH CONTRACTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the one year extension agreements with Deffenbaugh Industries, Hog Box, Waste Management of Northwest Arkansas, and Allied Waste Services of Bella Vista to haul and dispose of solid waste and recycling in Fayetteville in exchange for a franchise fee of 10% and authorizes or ratifies Mayor Jordan's execution of such contracts. PASSED and APPROVED this 17th day of September 2013. APPROVED: ATTEST: By('-2�--�By: a - Y IO ELD J N, Mayor SONDRA E. SMITH, City `G \S Y Off; FAYLTTEVILLE e � m '. —IN per. -mm, 11 AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2019, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Waste Management of Northwest Arkansas (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste and/or Recyclables using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using equipment commonly referred to as dumpsters with capacities of six (6) cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Hauler shall not collect waste generated from residential or multi -family properties with the exception of construction/demolition activities which are allowed. 4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of- ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid waste hauling services and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. Any construction/demolition waste that is not hauled to and accepted by a permitted construction and demolition waste sorting facility or any recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10% Solid Waste Fee. 5. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed construction and demolition waste sorting facility. Hauler shall pay all tip fees to the construction and demolition waste sorting facility operator, transfer station fees to the transfer station operator and all landfill fees to the landfill operator, as they may be established and amended, from time to time. Page ] of 6 6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated report, on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received from customers within the City; (iii) such list shall clearly indicate whether each payment was from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (including those for non-profit organizations) including but not limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation", on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) volumes of recycling collected, in tons, by commodity, with disposition by destination market, for all recycling; (ii) volumes of construction and demolition waste delivered to permitted construction and demolition waste sorting facility and percentage of material recovered. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to Page 2 of 6 competitors." This information will only be reviewed by City financial staff, and will not be made available to City solid waste staff. 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non -disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30th on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 11. Hauler agrees and understands that it shall provide by June 30th on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. 12. Hauler agrees that it shall provide by June 30th on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, environmental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all dumpsters and open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are safe and well-maintained and that all containers are well-maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. Page 3 of 6 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be Waste Management's Public Sector Services Manager. Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement: a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. C) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence Page 4 of 6 21. Termination: a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (30) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. C) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Waste Management of Northwest Arkansas Environmental Director Attn: George Wheatley 113 West Mountain Street 1041 Arbor Acres Avenue Fayetteville, AR 72701 Springdale, AR 72762 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non- exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. Page 5 of 6 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE C LIONELD JORDAN, Mayor ATTEST: .0 SONDRA SMITH, City Clerk WASTE MANAGEMENT OF AR, INC. WITNESS: Page 6 of 6 Attachment A: Solid Waste Documentation Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 10% of Grand Total: Fee to be remitted to City for this account Attachment B: Recycling Documentation Note: This form should also be used for reporting Construction & Demolition Waste that is taken to a permitted Construction and Demolition Waste sorting facility Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 5% of Grand Total: Fee to be remitted to City for this account City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0552 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 5 HOGEYE MFG. CO INC. D/B/A HOGBOX: A RESOLUTION TO AUTHORIZE A TWO YEAR AGREEMENT WITH HOGEYE MANUFACTURING CO, INC. D/B/A HOGBOX TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLABLE MATERIAL IN FAYETTEVILLE WITH AUTOMATIC RENEWALS FOR TWO ADDITIONAL TWO YEAR TERMS 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 Mayor Jordan to sign a two year agreement with Hogeye Manufacturing Co., Inc d/b/a Hogbox to haul and dispose of solid waste and recycling in Fayetteville with automatic renewals for two additional two year terms. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0552 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Shannon Newman 8/28/2019 RECYCLING/TRASH COLLECTION (750) Submitted By Submitted Date Division / Department Action Recommendation: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Hogeye Mfg. Co. Inc. d/b/a HOGBOX, to haul and dispose of solid waste and recyclable material in the City of Fayetteville Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ Current Balance - Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget - V20180321 197-13, 169-12, 245- 08, HOGEYE Purchase Order Number: Previous Ordinance or Resolution # ROLL OFF Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Peter Nierengarten, Environmental Director Jeff Coles, Recycling and Trash Collections Director FROM: Shannon Newman, Financial Analyst - Recycling and Trash Collections DATE: August 28, 2019 SUBJECT: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Hogeye Mfg. Co. Inc. d/b/a HOGBOX, to haul and dispose of solid waste and recyclable material in the City of Fayetteville RECOMMENDATION: Staff recommends City Council approval of a resolution with Hogeye Mfg. Co. Inc. d/b/a HOGBOX, for the hauling and disposal of solid waste and recyclable material in the City of Fayetteville. BACKGROUND: City Code 50.29 - Private Collectors; Contract With City Required No person, except a duly authorized agent or employee of the city, shall empty garbage or trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the city, without a written contract with the city. (Code 1965, §10-46; Ord. No. 1194, 4-6-59; Code 1991, §50.29) In accordance with this City Code, Hogeye Mfg. Co. Inc. d/b/a HOGBOX has submitted a request for contract to haul solid waste and recyclable material within the city limits of Fayetteville. The City of Fayetteville approved a hauling agreement for HOGBOX in 2005 and subsequent extensions in 2008, 2012, and 2013. The front pages of these approvals are attached. The extensions on the original contract have expired, therefore a new agreement is requested. DISCUSSION: The hauling contract will permit Hogeye Mfg. Co. Inc. d/b/a HOGBOX to collect and haul Class 1 and Class 4 solid waste and/or recyclables using open -top roll -off style containers with capacities of 20 cubic yards or greater, or roll -off style compactors with capacities of 20 cubic yards or greater. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using dumpsters with capacities of 6 cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The agreement requires HOGBOX to pay a monthly fee to the City of Fayetteville of 10% of the gross revenue received for providing solid waste hauling services and 5% of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. The term of the agreement will be 2 years with automatic renewals for 2 additional 2 -year terms. Staff proposes approval for Hogeye Mfg. Co. Inc. d/b/a HOGBOX to haul and dispose of solid waste and recyclable material within the City of Fayetteville per the terms of the attached agreement. BUDGET/STAFF IMPACT: None Attachments: HOGEYE ROLL OFF, Resolutions 245-08, 169-12, 197-13 Hogbox Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville City of Fayetteville Staff Review Form City Council Agenda Items or Contracts NA City Council Meeting Date Garr_Dras Submitted By Division Action Reauired: rations SW 1011105 Department Review and Approve Contract with Hogeye Mfg Co to heal and dispose of waste within the City of Fayetteville Cost of this request 0 Account Number Project Number Budgeted Item LLX Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached department Direc o Date City Attorney Finn a6d Internal Service Director Mayor Comments: Contras Form C l Imo! os T--#22--C6 Date v�d by prior Council action Program Category / Project Name Program / Project Category Name Previous Ordinance or Original Contract Date: Fund Name Original Contract Number: t 690 Received- eceive in City lea's Office-;. Received in Mayor's Office RESOLUTION NO, 245-08 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH HOGEYE MANUFACTURING RING COM ANY, INC. TO FACIE AND DISPOSE OF SOLID WASTE IN THE CIT LIMITS OF FAYET7EVILLE. BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of FA ETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayettele, Arkansas hereby authorizes the Mayor ror to execute a contract with Hogeye Manufacturing Company, Inc. to haul and dispose of solid waste in the city limits of Fayetteville. A copy hereof. of the contract marked Exhibit "A" is attached hereto and made a wart PASSED and APPROVED this 1 of December, 2008. APPROVED: : ATTEST: SO E. SMITH, City Clerk/Treasurer �J'`'11TIII11ll►r y 6;! FAY ETC' EV I LLE ; 0 40 0, • Tk RESOLUTION NO. 169-12 A RESOLUTION APPROVING ONE (1) YEAR EXTENSION AGREEMENTS WITH DEFFENBAUGH INDUSTRIES, HOG BOX AND WASTE MANAGEMENT OF NORTHWEST ARKANSAS TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLING IN THE CITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves one (1) year extension agreements with Deffenbaugh Industries, Hog Box and Waste Management of Northwest Arkansas to haul and dispose of solid waste and recycling in the City. Copies of each of the agreements are attached to this Resolution and incorporated herein. PASSED and APPROVED this 21 s" day of August, 2012. APPROVED: LM ATTEST: 4kwn;�'-- ':e' 4ft& SO DRA E. SMITH, City Clerk/Treasurer Y.TRr,1�'i�i Y SOF' FAYETTEVILLE; %9sy :;kANSP. J`"`tee RESOLUTION NO. 197-13 A RESOLUTION TO APPROVE ONE YEAR EXTENSION AGREEMENTS WITH DEFFENBAUGH INDUSTRIES, HOG BOX, WASTE MANAGEMENT OF NORTHWEST ARKANSAS, AND ALLIED WASTE SERVICES OF BELLA VISTA TO HAUL AND DISPOSE OF SOLID WASTE AND RECYCLING IN FAYETTEVILLE IN EXCHANGE FOR A FRANCHISE FEE OF 10% AND TO AUTHORIZE OR RATIFY MAYOR JORDAN'S EXECUTION OF SUCH CONTRACTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the one year extension agreements with Deffenbaugh Industries, Hog Box, Waste Management of Northwest Arkansas, and Allied Waste Services of Bella Vista to haul and dispose of solid waste and recycling in Fayetteville in exchange for a franchise fee of 10% and authorizes or ratifies Mayor Jordan's execution of such contracts. PASSED and APPROVED this 17th day of September 2013. APPROVED: ATTEST: By('-2�--�By: a - Y IO ELD J N, Mayor SONDRA E. SMITH, City `G \S Y Off; FAYLTTEVILLE e � m '. —IN per. -mm, 11 AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2019, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Hogeye Mfg. Co. Inc. d/b/a HOGBOX (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste and/or Recyclables using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. Source separated recyclables from industrial, large commercial or construction/demolition activities may also be collected using equipment commonly referred to as dumpsters with capacities of six (6) cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. Hauler shall not collect waste generated from residential or multi -family properties with the exception of construction/demolition activities which are allowed. 4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of- ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid waste hauling services and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. Any construction/demolition waste that is not hauled to and accepted by a permitted construction and demolition waste sorting facility or any recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10% Solid Waste Fee. 5. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed construction and demolition waste sorting facility. Hauler shall pay all tip fees to the construction and demolition waste sorting facility operator, transfer station fees to the transfer Page ] of 6 station operator and all landfill fees to the landfill operator, as they may be established and amended, from time to time. 6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated report, on or before the 151" of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received from customers within the City; (iii) such list shall clearly indicate whether each payment was from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (including those for non-profit organizations) including but not limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation", on or before the 151, of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) volumes of recycling collected, in tons, by commodity, with disposition by destination market, for all recycling; (ii) volumes of construction and demolition waste delivered to permitted construction and demolition waste sorting facility and percentage of material recovered. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials Page 2 of 6 without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City solid waste staff. 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non -disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30' on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 11. Hauler agrees and understands that it shall provide by June 30t1 on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. 12. Hauler agrees that it shall provide by June 301 on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, environmental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all dumpsters and open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are safe and well-maintained and that all containers are well-maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. Page 3 of 6 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be _porT i le -up -Ser Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement: a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. C) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence Page 4 of 6 21. Termination: a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (30) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. C) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Environmental Director 113 West Mountain Street Fayetteville, AR 72701 Hogeye Mfg. Co. Inc. Attn: Detmcsery 2900 South City Lake Road Fayetteville, AR 72701 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non-exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. Page 5 of 6 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised defmition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE M LIONELD JORDAN, Mayor ATTEST: In SONDRA SMITH, City Clerk HOGEYE MFG. CO. INC. 1J5Q1= 014 Do WOMPT WITNESS: Page 6 of 6 Attachment A: Solid Waste Documentation Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 10% of Grand Total: Fee to be remitted to City for this account Attachment B: Recycling Documentation Note: This form should also be used for reporting Construction & Demolition Waste that is taken to a permitted Construction and Demolition Waste sorting facility Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Monthly Revenues 1 2 3 4 5 6 7 8 9 10 Total: Donated or Discounted Normal Container # Billing Charge 1 2 3 4 5 Total: Grand Total: 5% of Grand Total: Fee to be remitted to City for this account City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0556 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 6 GARVER, LLC - SHILOH DRIVE AND STEELE BOULEVARD: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $241,850.00 FOR THE DESIGN OF THE FULBRIGHT EXPRESSWAY ACCESS RAMP RELOCATION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with Garver, LLC in the amount of $241,850.00 for the design of the Fulbright Expressway Access Ramp Relocation Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 Matt Casey Submitted By City of Fayetteville Staff Review Form 2019-0556 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/28/2019 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of a contract in the amount of $241,850.00 with Garver, LLC to provide professional services for the design of the intersection of Shiloh Drive and Steele Boulevard with access ramps onto the Fulbright Expressway. Approval of a Budget Adjustment allocating project funds between sub -projects. 4602.860.7211-5860.02 Account Number 46020.7211 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Budget Impact: 4602 - Transportation Project 2019 Bond Fund Shiloh Drive/Fulbright Expressway Interchange Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 36,260,961.00 $ 223,372.00 $ 36,037,589.00 $ 241,850.00 $ 35,795,739.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE - ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager CITY COUNCIL MEMO? DATE: August 29, 2019 SUBJECT: Approval of a contract in the amount of $241,850.00 with Garver, LLC. for roadway design services for the Shiloh Drive and Fulbright Expressway Access Ramps project. RECOMMENDATION: Staff recommends City Council approval of a contract in the amount of $241,850.00 with Garver, LLC to provide professional services for the design of the intersection of Shiloh Drive and Steele Boulevard with access ramps onto the Fulbright Expressway. The City Council Transportation Committee unanimously recommended approval of this contract at their August 27, 2019 meeting. BACKGROUND: The Shiloh and Fulbright intersection is a priority project in the 2019 Bond Program. During development of concepts, staff recognized an opportunity to relocate the intersection to Shiloh and Steele to resolve two traffic congestion issues in one project. This project will relocate the existing on and off ramps of the Fulbright Expressway from Shiloh Drive. The ramps will be reconstructed to the east to line up with the intersection of Shiloh Drive and Steele Boulevard. The design contract will include evaluation of both a roundabout and a signalized intersection in this location. DISCUSSION: This project has been identified as one of the projects to be funded by the first phase of the 2019 Transportation Bond Program. Garver, LLC has provided a proposed scope and fee in the amount of $241,850.00 for the design of this project. The contract will be paid based on hourly rates for work completed, up to the total contract amount. The total estimate for the project for design and construction is $1,484,000. BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Transportation Bond Project. Attachments: Engineering Agreement Vicinity Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER, LLC THIS AGREEMENT is made as of , 2019, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and GARVER, LLC (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: Garver Contract— Professional Engineering Services 1 7/18/2019 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform his services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 The Utilities Services Director is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Utilities Services Director shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement shall be based upon on a Unit Price basis as described in Appendix B. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER'S normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Proj ect. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment Garver Contract — Professional Engineering Services 2 7/18/2019 shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Garver Contract — Professional Engineering Services S 7/18/2019 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: Garver Contract — Professional Engineering Services 4 7/18/2019 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Garver Contract — Professional Engineering Services 5 7/18/2019 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE Garver Contract — Professional Engineering Services 6 7/18/2019 may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, drawings, and specifications prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 125 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 2049 E. Joyce Blvd, Suite 400 Fayetteville, Arkansas 72703 Garver Contract — Professional Engineering Services 7 7/18/2019 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be Garver Contract — Professional Engineering Services 8 7/18/2019 decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Garver Contract — Professional Engineering Services 9 7/18/2019 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk 1140100m�! 7 Senior Project Manager, Ron Petrie By: _ (;4q Project Man er, eff Webb END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Garver Contract — Professional Engineering Services 10 7/18/2019 APPENDIX A — SCOPE OF SERVICES 1. General Generally, the scope of services includes surveying, design, preparation of property acquisition documents, and bidding services for the improvements to the Fulbright Expressway Access Ramps near the intersection of Shiloh Drive and Steele Boulevard. Improvements will consist primarily of the relocation of the Fulbright Expressway on/off ramps to intersect at the existing Shiloh Drive and Steele Boulevard intersection. It is anticipated that a round -a -bout will be designed at this location. 2. Surveys 2.1. Design Surveys Garver will provide field survey data for designing the project, and this survey will be tied to the Owner's control network. Garver will conduct field surveys, utilizing radial topography methods, at intervals and for distances along the project site as appropriate for modeling the existing ground, including locations of pertinent features or improvements. Garver will locate buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present at and/or along the project site. Garver will establish control points for use during construction. 2.2. Property Surveys Garver will locate existing monumentation representing right of way and/or easements based on record data which will be provided by an abstractor under a subconsultant agreement with Garver. 3. Geotechnical Services Garver will subcontract with Terracon Consultants, Inc. for obtaining geotechnical data necessary for the design of this project as further described below: Y Drill a total of 9 borings - 5 along Fulbright Expressway and 4 for the proposed roundabout, to 5 -ft depth or auger refusal, whichever is less, obtaining undisturbed soil samples or Standard Penetration Values at 2- to 5 -ft intervals or at a change in soil stratum. Y Site reconnaissance, boring lay out, access, co-ordinate with property owners. Y Traffic control. Y Perform an adequate laboratory testing program planned after the borings are completed to determine the physical characteristics and engineering properties of the foundation and subgrade soils. Y Prepare an engineering report with recommendations for pavement design, site grading and construction criteria. 4. Coordination Garver will furnish plans to all known utility owners potentially affected by the project at each stage of development. Garver will provide coordination among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. Garver will include the surveyed locations of the observable and marked utilities in the construction plans. Garver will also include proposed and/or relocated utility information in the construction plans as provided by the utility companies. Appendix A - Scope of Services 1 of 4 19T21070 Fulbright Expressway Ramp Relocations Garver will furnish plans to the following agencies: ARDOT, ADEQ, Arkansas Heritage and USFWS for their review and comment. Garver will also attend five (5) coordination meetings with the Owner and other agencies as required. Garver will prepare exhibits for these meetings when appropriate. 5. Environmental Services Garver will work to obtain the appropriate SWPPP environmental permit from ADEQ for the project. 6. Traffic Study Garver will conduct a traffic study to determine the operational and geometric needs of the Fullbright Expressway ramp modification from its current location to N. Steele Boulevard. As part of the study, turning movement counts are needed at the following key intersections to provide information needed to develop the traffic models. Y N. Shiloh Drive at N. Mall Avenue Y N. Shiloh Drive at N. Steele Boulveard Y N. Shiloh Drive at Northwood Avenue Y N. Shiloh Drive at Fulbright Expressway (US 71) WB ramps Y N. Shiloh Drive at N. Gregg Avenue Additionally, a 24-hour ramp count is needed for N College Avenue to Fulbright Expressway (US 71) ramp (NB to WB Ramp). We will coordinate with the Northwest Arkansas Regional Planning Commission (NWARPC) to gather information from the 2010/2040 travel demand models as well as the 2040 travel demand model with the relocated ramp intersection. This information along with traffic data collected in the area will be used to develop a traffic model. Once the 2040 traffic projections for the new intersection are completed, an operational analysis, geometric analysis, and signal warrant analysis will be performed to determine the appropriate number of lanes and stop control (roundabout vs. signal) at the intersection. As part of the analysis, we will evaluate the impact to the adjacent WB Fullbright Expressway Ramps at N. College Avene and at 1-49. The documentation to be submitted to the City of Fayetteville and ARDOT will include the traffic analysis as well as a safety analysis and conceptual signing. 7. Conceptual Design Garver will prepare conceptual plans (30%) that will include: Y Topography. Y Roadway Typical Sections. Y Drainage Area Map. Y Typical Details. Y Roadway Plan & Profile Sheets. Y Demolition Plan This conceptual submittal will be for the purpose of coordinating the proposed improvements with the Owner and the utility companies and developing an order of magnitude cost estimate for the project. Garver will incorporate comments from the Owner in the Preliminary Design. Garver will proceed with Preliminary Design after the Conceptual Design is approved by the Owner in writing. Appendix A - Scope of Services 2 of 4 19T21070 Fulbright Expressway Ramp Relocations 8. Preliminary Design Once Garver receives written approval from Owner on Conceptual Design, Garver will begin Preliminary Design. The Preliminary Design phase submittal will include roadway plan & profile sheets that represent approximately 60% of final plans, cross sections, Pavement Marking & Signage Plan, Maintenance of Traffic plans, and an opinion of probable construction cost. This submittal will not include technical specifications or "front end" contract documents. Garver will incorporate comments from the Owner on the Preliminary Design in the Final Design. Garver will proceed with Final Design after the Preliminary Design is approved by the Owner in writing. 9. Final Design Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final Design. During the final design phase of the project, Garver will conduct final designs to prepare construction plans and specifications, for one construction contract, including final construction details and quantities, special provisions, and opinion of probable construction cost. Garver will also make final plan revisions as a result of Owner review comments and/or special easement acquisition considerations, and prepare the construction documents as required to advertise for bids. Garver will also prepare, submit, and coordinate approval of a Stormwater Pollution Prevention Plan (SWPPP) with ADEQ. 10. Property Acquisition Documents Garver will provide mapping as required for preparing Right of Way/Easement acquisition documents for the Owner's use in acquiring the property. Documentation will include an individual tract map with description of temporary and permanent acquisition for each property. The Owner will provide a standard easement acquisition document or "go-by" example for use by Garver. The fee for providing property acquisition documentation is based on permanent right of way and temporary construction easements for no more than four properties. Property acquisition document preparation will begin after receiving the Owner's comments from the Preliminary Design review. 11. Bidding Services During the bidding phase of the project, Garver will: A. Prepare and submit Advertisement for Bids to newspaper(s) for publication as directed by the Owner. Owner will pay advertising costs outside of this contract. B. Dispense construction contract documents to prospective bidders (at the approximate cost of reproduction and handling). C. Support the contract documents by preparing addenda as appropriate. D. Participate in a pre-bid meeting if necessary. E. Attend the bid opening. F. Prepare bid tabulation. G. Evaluate bids and recommend award. H. Prepare construction contracts. 12. Construction Phase Services Construction Phase Services are excluded from the scope of services. These services may be added by future amendment. Appendix A - Scope of Services 3 of 4 19T21070 Fulbright Expressway Ramp Relocations 13. Project Deliverables The following will be submitted to the Owner, or others as indicated, by Garver: A. One digital copy of the Traffic Report. B. One digital copy of the Geotechnical Report. C. Three half-size copies of the Conceptual Design with opinion of probable construction cost. D. Three half-size copies of the Preliminary Design with opinion of probable construction cost. E. One digital copy of the Preliminary Plans to each potentially affected utility company. F. Three half-size copies of the Final Design with opinion of probable construction cost. G. Three half-size copies of the revised Final Design with opinion of probable construction cost. H. One digital copy of the revised Final Plans to each potentially affected utility company. I. Three half size copies of the Final Plans and Specifications to the Contractor. J. Three copies of the right-of-way and/or easement acquisition documents. K. Electronic files as requested. 14. Extra Work The following items are not included under this agreement but will be considered as extra work: A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. Pavement Design beyond that furnished in the Geotechnical Report. D. Design of any utilities relocation other than water and sewer. E. Retaining walls or other significant structural design beyond that required for landscaping within the roundabout. F. Street lighting or other electrical design. G. Break -in -Access Document. H. Construction Phase Services. I. Construction materials testing. J. Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. K. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. L. Services after construction, such as warranty follow-up, operations support, etc. Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner and Garver. 15. Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Traffic Study Surveys — Design and Property Conceptual Design Geotechnical Engineering Preliminary Design Final Design Property Acquisition Documents Appendix A - Scope of Services Fulbright Expressway Ramp Relocations Calendar Days 60 days from start date 60 days from start date 60 days from completion of Surveys 45 days from approval of Conceptual Design 90 days from approval of Conceptual Design 60 days from approval of Preliminary Design 30 days from approval of Final Design 4 of 4 19T21070 9 APPENDIX B Fulbright Expressway Ramp Relocations Garver Hourly Rate Schedule: July 2019 - June 2020 Classification Rates Engineers / Architects E-1............................................................................. $ 108.00 E-2.............................................................................. $ 126.00 E-3............................................................................. $ 152.00 E-4.............................................................................. $ 178.00 E-5............................................................................. $ 217.00 E-6............................................................................. $ 272.00 E-7.............................................................................. $ 361.00 Planners I Environmental Specialist P-1.............................................................................. $ 131.00 P-2............................................................................. $ 164.00 P-3............................................................................. $ 204.00 P-4............................................................................. $ 232.00 P-5.............................................................................. $ 268.00 P-6.............................................................................. $ 306.00 P-7.............................................................................. $ 370.00 Designers D-1............................................................................. $ 101.00 D-2............................................................................. $ 118.00 D-3............................................................................. $ 141.00 D-4............................................................................. $ 164.00 Technicians T-1.............................................................................. $ 79.00 T-2.............................................................................. $ 100.00 T-3.............................................................................. $ 122.00 Surveyors S-1.............................................................................. $ 49.00 S-2............................................................................. $ 64.00 S-3............................................................................. $ 86.00 S-4.............................................................................. $ 124.00 S-5.............................................................................. $ 164.00 S-6............................................................................. $ 186.00 2 -Man Crew (Survey)...................................................... $ 198.00 3 -Man Crew (Survey)...................................................... $ 247.00 2 -Man Crew (GPS Survey) ............................................... $ 218.00 3 -Man Crew (GPS Survey) ............................................... $ 267.00 Construction Observation C-1............................................................................. $ 96.00 C-2............................................................................. $ 123.00 C-3............................................................................. $ 150.00 C-4............................................................................. $ 185.00 Management/Administration M-1 $ 370.00 X-1............................................................................. $ 62.00 X-2............................................................................. $ 84.00 X-3............................................................................. $ 117.00 X-4.............................................................................. $ 150.00 X-5............................................................................. $ 183.00 X-6............................................................................. $ 231.00 X-7.............................................................................. $ 279.00 Agreement for Professional Services Fulbright Expressway Ramp Relocations Garver Project No. 19T21070 APPENDIX B CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS FEE SUMMARY Title I Services Estimated Fees Geotechnical Services (Terracon) $6,575.00 Record Research $2,400.00 Utility Marking $125.00 Traffic Studies $34,200.00 Surveys $28,400.00 Conceptual Design $39,600.00 Preliminary Design $58,000.00 Final Design $59,200.00 Property Acquisition Documents $7,500.00 Bidding Services $5,850.00 Subtotal for Title I Services $241,850.00 Title II Services Construction Materials Testing $0.00 Construction Phase Services $0.00 Subtotal for Title II Services $0.00 L:\2019\19T21070 - Fulbright Ramp -Shiloh Drive Improvements\Contracts\Client\Draft\APPENDIX B - Garver Fee Spreadsheet - updated for 2019.xlsx APPENDIX B CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS TRAFFIC STUDIES WORK TASK DESCRIPTION E-6 $272.00 hr E-5 $217.00 hr E-4 $178.00 hr E-3 $152.00 hr E-2 $126.00 hr E-1 T-1 $108.00 $79.00 hr hr 1. Meetings Attend 1 Meeting 4 2. Identification and Analysis of Traffic Demands Data Compiliation Compile Traffic Data 8 Compile Crash Data 8 Site Visit 10 Analysis of Existing Conditions (2019) HCS/Synchro/SimTraffic Analysis 1 8 4 Safety Analysis 1 8 16 Analysis of the Future No -Build Conditions (2040) Develop future "no build" traffic 1 8 HCS/Synchro/SimTraffic Analysis 1 4 2 2. Analysis of Proposed Improvements Geometric Analysis Roundabout 1 4 Signal 1 4 Operational Analysis Roundabout (Sidra) 1 8 Signal (Synch ro/Si mTraffic) 1 8 Fullbright Expressway (HCS) 8 4. Conceptual Signing Plans Signing for Fullbright Expressway and Shiloh Drive 1 4 12 12 5. Preparation of Final Report Documentation of Findings 4 4 12 8 8 4 Subtotal - Traffic Engineering 17 4 40 52 26 50 0 Hours 17 4 40 52 26 50 0 Salary Costs $4,624 $868 $7,120 $7,904 $3,276 $5,400 $0 SUBTOTAL - SALARIES: $29,192.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $33.00 Postage/Freight/Courier $0.00 Locator/Tracer/Thermal Imager Equipment $0.00 Travel Costs $250.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $283.00 SUBTOTAL: $29,475.00 SUBCONSULTANTS FEE: THE TRAFFIC GROUP $4,725.00 TOTAL FEE: $34,200.00 /_1» =10111l:I -3 CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS SURVEYS WORK TASK DESCRIPTION E-3 $152.00 hr S-5 $164.00 hr S-4 $124.00 hr T-1 $79.00 hr 2 -Man Crew (Survey) $198.00 hr 2 -Man Crew (GPS Survey) $218.00 hr 3 -Man Crew (GPS Survey) $267.00 hr 1. Surveys - Topographic Coordination and Administration 4 4 Establish Horizontal and Vertical Control 2 2 4 6 Topographical Surveys 4 2 8 40 Locate Utilities 1 2 2 6 Data Processing/DTM Preparation 4 32 Subtotal - Surveying 4 15 1 38 0 14 52 0 2. Surveys - Property Coordination and Administration 4 4 Record Research 2 5 Property Surveys 2 4 8 Data Processing 2 8 Subtotal - Surveying 4 1 10 1 13 1 0 1 4 1 8 1 0 Hours 8 25 51 Salary Costs $1,216.00 $4,100.00 $6,324.00 SUBTOTAL - SALARIES: $28,284.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $36.00 Postage/Freight/Courier $0.00 Survey Supplies $30.00 Travel Costs $50.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $116.00 TOTAL FEE: $28,400.00 0 18 60 0 $0.00 $3,564.00 $13,080.00 $0.00 APPENDIX B CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS CONCEPTUAL DESIGN WORK TASK DESCRIPTION E-6 $272.00 hr E-5 $217.00 hr E-4 $178.00 hr E-3 $152.00 hr E-2 $126.00 hr E-1 $108.00 hr T-1 $79.00 hr 1. Civil Engineering Typical Sections 4 8 6 Plan & Profile Sheets 4 30 60 24 Drainage Improvements 2 10 24 12 Sidewalks 4 8 4 Demolition Plan 2 4 8 Waterline Relocation 12 16 Utility Companies Coordination 8 2 Meetings/Coordination with City 6 12 Opinion of Probable Construction Cost 1 4 10 QC Review 4 8 Subtotal - Civil Engineering 17 1 0 1 94 1 0 1 0 1 116 70 Hours 17 0 94 0 0 116 70 Salary Costs $4,624.00 $0.00 $16,732.00 $0.00 $0.00 $12,528.00 $5,530.00 SUBTOTAL - SALARIES: $39,414.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $146.00 Postage/Freight/Courier $0.00 Travel Costs $40.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $186.00 TOTAL FEE: $39,600.00 APPENDIX B CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS PRELIMINARY DESIGN WORK TASK DESCRIPTION E-6 $272.00 hr E-5 $217.00 hr E-4 $178.00 hr E-3 $152.00 hr E-2 $126.00 hr E-1 $108.00 hr T-1 $79.00 hr 1. Civil Engineering Preliminary Plans Typical Sections 2 6 2 Plan & Profile Sheets 4 30 80 20 Cross Sections 4 16 4 Demolition Plan 4 8 2 Drainage Improvements 4 12 4 Maintenance of Traffic Plan 1 24 30 16 Waterline Relocation 12 16 Sidewalks 4 8 4 Striping Plans 2 6 10 2 Signing Plans 2 4 Coordination with Geotechnical Subconsultant 4 Coordination with Utility Companies 8 4 Coordination and Meetings with Owner 4 6 6 Coordination with ARDOT 4 20 Opinion of Probable Construction Cost 4 8 QC Review 8 8 Subtotal - Civil Engineering 23 0 142 0 0 192 70 Hours 23 0 142 0 0 192 70 Salary Costs $6,256.00 $0.00 $25,276.00 $0.00 $0.00 $20,736.00 $5,530.00 SUBTOTAL - SALARIES: $57,798.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $122.00 Postage/Freight/Courier $30.00 Travel Costs $50.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $202.00 TOTAL FEE: $58,000.00 APPENDIX B CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS FINAL DESIGN WORK TASK DESCRIPTION E-6 $272.00 hr E-5 $217.00 hr E-4 $178.00 hr E-3 $152.00 hr E-2 $126.00 hr E-1 $108.00 hr T-1 $79.00 hr 1. Civil Engineering Final Plans Typical Sections 1 2 Plan & Profile Sheets 2 30 60 20 Cross Sections 4 8 2 Maintenance of Traffic Plan 16 30 8 Drainage Improvements 4 12 Sidewalks 2 4 Waterline Relocations 8 12 Striping Plans 4 8 2 Signing Plans 2 4 Typical Details 4 8 Erosion Control Plans 8 12 Final Review with City 2 4 8 Coordination with Utility Companies 8 4 Coordination and Meetings with Owner 4 6 Coordination with ARDOT 4 24 SWPPP/Coordination with ADEQ 8 4 Coordination with Health Department 4 Specifications/Contract Documents 16 8 Quantities 6 12 Opinion of Probable Construction Cost 4 6 QC Review 8 8 Subtotal - Civil Engineering 20 1 0 1 155 16 1 0 1 174 60 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES 20 0 155 16 $5,440.00 $0.00 $27,590.00 $2,432.00 $58,994.00 Document Printing/Reproduction/Assembly $126.00 Postage/Freight/Courier $40.00 Travel Costs $40.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $206.00 TOTAL FEE: $59,200.00 0 174 60 $0.00 $18,792.00 $4,740.00 APPENDIX B CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS PROPERTY ACQUISITION DOCUMENTS WORK TASK DESCRIPTION E-3 $152.00 hr S-5 $164.00 hr S-4 $124.00 hr T-1 $79.00 hr 2 -Man Crew (Survey) $198.00 hr 2 -Man Crew (GPS Survey) $218.00 hr 3 -Man Crew (GPS Survey) $267.00 hr 1. Acquisition Documents Coordination and Administration 2 2 Documents 8 16 Temporary Construction Easements 4 4 Stake Right -of -Way and Easements (one time) 2 2 8 Subtotal - Acquistion Documents 2 1 16 1 22 1 0 1 0 1 8 1 0 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Postage/Freight/Courier Survey Supplies Travel Costs 2 16 22 $304.00 $2,624.00 $2,728.00 $7,400.00 $50.00 $0.00 $20.00 $30.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $100.00 TOTAL FEE: $7,500.00 0 0 8 0 $0.00 $0.00 $1,744.00 $0.00 APPENDIX B CITY OF FAYETTEVILLE FULBRIGHT EXPRESSWAY RAMP RELOCATIONS BIDDING SERVICES WORK TASK DESCRIPTION E-6 $272.00 hr E-5 E-4 E-3 E-2 E-1 T-1 $217.00 $178.00 $152.00 $126.00 $108.00 $79.00 hr hr hr hr hr hr 1. Civil Engineering Dispense plans and specs to prospective bidders 4 Addendums/Inquiries 8 Pre -Bid Meeting 2 4 Bid Opening 1 2 Prepare bid tabulation 3 Evaluate bids and recommend award 2 Prepare construction contracts 4 Notice to Proceed 1 Subtotal - Civil Engineering 3 0 28 0 0 0 0 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Postage/Freight/Courier Travel Costs SUBTOTAL - DIRECT NON -LABOR EXPENSES 3 0 28 0 0 0 0 $816.00 $0.00 $4,984.00 $0.00 $0.00 $0.00 $0.00 $5,800.00 $30.00 $0.00 $20.00 $50.00 TOTAL FEE: $5,850.00 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2019 Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget Adjustment allocating $1,509,000 to the Transportation 2019 Bond Projects sub -project (46020.7211 - Shiloh Drive/Fulbright Expressway Interchange). $241,850 will be used to fund the contract in the amount of $241,850.00 with Garver, LLC to provide professional services and the remaining budget is estimated to be needed for future construction contracts. The budget transferred is coming from the unallocated portion of the project. COUNCIL DATE: LEGISTAR FILE ID#: 9/17/2019 2019-0556 8/29/2019 12:07 PM Budget Director Date TYPE: JOURNAL #: RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190816 Account Name 4602.860.7211-5809.00 1,242,150 - 46020 7211 EX Improvements - Street 4602.860.7211-5860.02 4602.860.7211-5860.04 241,850 - 25,000 - 46020 46020 7211 7211 EX EX Capital Prof Svcs - Engineering Capital Prof Svcs - Engineering Contra 4602.860.7999-5899.00 (1,509,000) - 46020 7999 EX Unallocated - Budget H:\Budget Adjustments\2019_Budget\City Council\09-17-2019\2019-0556 BA 46020.7211 Garver Shiloh Drive.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0510 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 7 File Type: Resolution JACOBS ENGINEERING GROUP, INC F/K/A C112M HILL ENGINEERS, INC. AMENDMENT NO. 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND JACOBS ENGINEERING GROUP, INC F/K/A CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $3,860.00 FOR ADDITIONAL TRAVEL AND LABOR EXPENSES, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on June 4, 2018, the City Council approved a contract with CH2M Hill Engineers, Inc., now known as Jacobs Engineering Group, Inc., to evaluate the feasibility of creating a stormwater utility program; and WHEREAS, City staff is requesting additional funds for to allow the Jacobs Engineering Group, Inc. project manager to attend the presentation to the City Council and answer any questions about the study. 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 approves and authorizes Mayor Jordan to sign Amendment No. 1 to the Professional Services Agreement between the City of Fayetteville, Arkansas and Jacobs Engineering Group, Inc. formerly CH2M Hill Engineers, Inc. in the amount of $3,860.00 for additional travel and labor expenses for the Jacobs Engineering Group, Inc. project manager to be present for the stormwater utility feasibility study presentation to the City Council Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Paye 1 Printed on 9/5/2019 Chris Brown Submitted By City of Fayetteville Staff Review Form 2019-0510 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/15/2018 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Amendment 1 to the Stormwater Feasibility Study professional services contract with Jacobs, formerly CH21VI Hill, in an amount not to exceed $3,860 (total contract amount $233,082) and to approve a budget adjustment. Budget Impact: 1010.090.6600-5314.00 General Fund Account Number Fund 17008.1 Stormwater Utility Feasibility Study Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 229,222.00 $ 229,222.00 $ 3,860.00 $ 3,860.00 V20180321 Previous Ordinance or Resolution # 131-18 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: August 20, 2019 CITY COUNCIL MEMO SUBJECT: Approval of Amendment 1 to the Stormwater Feasibility Study professional services contract with Jacobs, formerly CH2M Hill, in an amount not to exceed $3,860 (total contract amount $233,082) and to approve a budget adjustment. RECOMMENDATION: Approval of Amendment 1 to the Stormwater Feasibility Study professional services contract with Jacobs, formerly CH2M Hill, in an amount not to exceed $3,860 (total contract amount $233,082) and to approve a budget adjustment. BACKGROUND: Like many cities throughout the state and nation, the City of Fayetteville experiences issues with stormwater runoff. These issues stem from many sources including, but not limited to, aging infrastructure, maintenance of system capacity, manpower to perform systematic inspections and the lack of formal drainage systems in many older areas of the City. In order to address these concerns, the City has historically funded maintenance and new projects directly from the Sales Tax Capital Improvement Program (CIP). However, there are many needs within the City that require funding from the CIP and, at least in recent years, the funding for stormwater has been inadequate to comprehensively address stormwater issues. To develop a comprehensive solution, funding is required for manpower and equipment as well as multiple capital projects, some of which will require more than $1 million dollars for each project. Given the current funding levels, it would take many years to address just one of those projects. The City Council recognized these needs and approved moving forward with a feasibility study on June 5, 2018 via resolution 131-18. DISCUSSION: As the feasibility study nears completion, staff is requesting additional funds so that Jacobs may be present for the presentation of the study to the City Council. We feel it is important for the Council to hear the findings of the study and for the Council to be able to ask any questions of Jacobs in person. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: The overall cost proposed is $3,860 which includes one additional trip not included in the original contract. This would bring the total of all services to $233,082 and is proposed to be set aside from the general fund as was the case with the original funding for the study. Attachments: Amendment 1 to Stormwater Feasibility Contract Budget Adjustment Resolution 131-18 SCOPE CHANGE AUTHORIZATION Project: Auicudmcnt 1 to the Sturmwater Uate Prepared: August 21, Feasibility Study Contract 2U19 Jacubs Project No.: i05896CH late xevisud: Client: City of Fayetteville, AK Client Project No.: Project Manager: rieatner H. liyKe Change No.: 1 1. 1 'he following changes in the scope of the work are hereby authorifed: 1 additional Pruject Manager trip (labur and travel). 2. 1 he ettect ut these changes in scope is as tulluws: a. Fee (1) Change (2) New I uutadI b. Schedule c. Construction (1) Cost (2) Schedule d. Uther Labor: $2,560 + Travel: $1,300 = $3,860 $233,082 September / October 2019 N/A N/A N/A 3. The reason for these changes in the scope of the work are as follows: PM presentation of the dratt Feasibility Study report to City leadership and auend stakeholder meeting, it needed. 4. Prujcct Manager's cumments: Approved by Client: llate: Agreed to by JEG: 'f Date: 8/21/2019 D;st,;bot;m.: Client Director of Projects Project Manager Service Leader Client Services Manager File 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 131-18 File Number: 2018-0267 STORMWATER UTILITY STUDY CONTRACT: A RESOLUTION TO AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL ENGINEERS, INC., PURSUANT TO RFQ 18-02, IN AN MOUNT NOT TO EXCEED $229,222.00 FOR A STORMWATER UTILITY FEASIBILITY STUDY, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on August 15, 2017, the City Council passed Resolution No. 175-17 expressing the City Council's intent to fund a study to evaluate the feasibility of creating a stormwater utility program and authorizing City staff to move forward with the selection of a professional consultant to complete the study. 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 Mayor Jordan to sign a professional services agreement with CH2M Hill Engineers, Inc., pursuant to RFQ 18-02, in an amount not to exceed $229,222.00 for a stormwater utility feasibility study. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 6/5/2018 Attest: Sondra E. Smith, City Clerk Treasurer i���t�� 'f • 5(�',�i �3� s � •rte o i Page 1 Printed on 615118 City of Fayetteville, Arkansas Text File File Number: 2018-0267 Agenda Date: 6/5/2018 Version: 1 In Control: City Council Meeting Agenda Number: C. 2 STORMWATER UTILITY STUDY CONTRACT: 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Resolution A RESOLUTION TO AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL ENGINEERS, INC., PURSUANT TO RFQ 18-02, IN AN AMOUNT NOT TO EXCEED $229,222.00 FOR A STORMWATER UTILITY FEASIBILITY STUDY, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on August 15, 2017, the City Council passed Resolution No. 175-17 expressing the City Council's intent to fund a study to evaluate the feasibility of creating a stormwater utility program and authorizing City staff to move forward with the selection of a professional consultant to complete the study. 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 Mayor Jordan to sign a professional services agreement with CH2M Hill Engineers, Inc., pursuant to RFQ 18-02, in an amount not to exceed $229,222.00 for a stormwater utility feasibility study. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Paye 1 Printed on 8/512018 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2019 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of Amendment 1 to the Stormwater Feasibility Study professional services contract with Jacobs, formerly CH21VI Hill, in an amount not to exceed $3,860 and to approve a budget adjustment. COUNCIL DATE: LEGISTAR FILE ID#: 9/17/2019 2019-0510 L ilk H Utd Qivl k 8/26/2019 9:35 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) I GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 3,860 3,860 v.20190816 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.090.6600-5314.00 3,860 - 17008 1 EX Professional Services 1010.001.0001-4999.99 3,860 RE Use Fund Balance - Current H:\Budget Adjustments\2019_Budget\City Council\09-17-2019\2019-0510 BA Stormwater Utility Amendment 1 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0560 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 8 File Type: Resolution POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE POPLAR STREET RAILROAD CROSSING SIGNALS IMPROVEMENT PROJECT WITH A 10% LOCAL MATCH IN THE ESTIMATED AMOUNT OF $30,000.00 WHEREAS, the Rail -Highway Crossing Program provides funds for the elimination of hazards at railway -highway crossings; and WHEREAS, the Arkansas Department of Transportation has identified the crossing at Poplar Street in the City of Fayetteville to be a candidate to receive Rail -Highway Crossing Program funding based upon its hazard rating as compared to similar highway -rail crossings throughout the state; and WHEREAS, an on-site diagnostic meeting was conducted on November 17, 2017, and identified needed improvements to improve safety; and WHEREAS, the Federal Highway Administration (FHWA) limits the Federal share of funding for Rail -Highway Crossing Program projects to 90 percent of the total project cost, thus necessitating a 10 percent share provided by the local roadway authority, and WHEREAS, the Department requests that the roadway authority indicates its willingness to provide the required matching funds in order to obtain Arkansas Highway Commission authorization to program a Federal -aid project. 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 of Fayetteville to participate in accordance with its designated responsibilities in this project, including the payment of a 10% local match which is estimated to be $30,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan or his City of Fayetteville, Arkansas Page 1 Printed on 91512019 File Number: 2019-0560 designated representative to execute all appropriate agreements and contracts necessary to expedite the development and construction of the project. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby indicates its willingness to proceed with the project and hereby proposes that the Department initiate action to implement the improvements to the Poplar Street railroad crossing. City of Fayetteville, Arkansas Page 2 Printed on 9/5/2019 Chris Brown Submitted By City of Fayetteville Staff Review Form 2019-0560 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/29/2019 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a Resolution expressing the willingness of the City of Fayetteville to partner with the Arkansas Department Of Transportation for the Poplar Street Railroad Signals Upgrade Rail -Highway Crossing Improvement project. Budget Impact: Account Number Fund Poplar Street Railroad Crossing Upgrade Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Enginee�� DATE: August 29, 2019 CITY COUNCIL MEMO SUBJECT: Poplar Street Railroad Crossing Signals Upgrade Project RECOMMENDATION: Staff requests approval of a Resolution expressing the willingness of the City of Fayetteville to partner with the Arkansas Department Of Transportation (ARDOT) to upgrade the Poplar Street Railroad Crossing Signals. BACKGROUND: On November 7, 2017, the Railroad -Highway Crossing Diagnostic Team inspected the railroad crossing on Poplar Street just west of the intersection with Gregg Avenue. The Team recommended to install railroad gates with lights and separate crossing arms with lights for pedestrians. DISCUSSION: ARDOT has access to funding for railroad crossing safety enhancements that will pay for 90% of the cost of projects that meet funding criteria. The remaining 10% match must come from the local jurisdiction where the crossing is located. ARDOT is requesting the City indicate its willingness to participate in the program at an estimated cost to the City of $30,000 for the Poplar Street crossing. This item was presented to and approved by the City's Transportation Committee at their August 27, 2019 meeting. BUDGET/STAFF IMPACT: Funding for the City's 10% match of $30,000 will come the Capital Improvement Program or the Transportation Bond Program. (This number is subject to change as the project is developed and a more detailed estimate is available.) Attachments: Letter from Kevin Thornton, ARDOT dated 8/02/2019 RR -Highway Crossing Diagnostic Team Inspection Report 11/07/2017 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARKANSAS DEPARTMENT OF TRANSPORTATION The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.9ov I IDriveArkansas.com I Scott E. Bennett, P.E., Director TRANSPORTATION PLANNING & POLICY DIVISION 10324 Interstate 30 1 P.O. Box 22611 Little Rock, AR 72203-22611 Phone: 501.569.2201 August 2, 2019 n AUG C;N OF°ajE' �` Reference is made to the potential safety improvements at the Poplar Street at -grade railroad crossing of Arkansas and Missouri Railroad tracks. On November 17, 2017, a Diagnostic Team Meeting was held to discuss the need for potential safety improvements at the above mentioned location. A copy of the Diagnostic Team Meeting Report is enclosed for your information, Recent guidance for the Rail -Highway Crossing Program (RHCP) from the Federal Highway Administration (FHWA) limits the Federal share of funding for RHCP projects to 90 percent of the total project cost. A ten percent match must be provided by the local roadway authority. Based on a preliminary cost estimate provided by Arkansas and Missouri Railroad, the 10 percent share would be approximately $30,000. At this time, the Department requests City of Fayetteville to indicate its willingness to provide the required matching funds by adopting a resolution similar to the sample enclosed. We respectfully request a response from you by September 2, 2019. Upon receipt of the resolution, a Minute Order will be submitted to the Arkansas Highway Commission requesting a Federal -aid project be programmed when funds become available. Once a project is programmed, a formal project agreement will be developed including an engineering estimate from Arkansas and Missouri Railroad. The actual amount of funding requested from the city will be based on this estimate. We look forward to working with you to improve the safety at this crossing. If you should have any questions about this project or process, please feel free to contact Tyler Post, the Department's Railroad Coordinator, at 501-569-2115. ely, Nevi hornton Assi tant Chief Engineer — Planning Enclosures C. Deputy Director and Chief Engineer Program Management Transportation Planning and Policy District 4 FHWA - Arkansas Division W Cassatt St Tontitown..—s ____ _ Fz„ rr�U3 412' W Reynolds St E Sunbridge Dr a } Johnson 412 41D - m Q 7, 0 71 Q _�,;.•�_«; Littera) -- -Goshen > Awa Fayetteville 1 j Y E -a v� Ci"i"natti Elkins O z U z o CDrn ' ® Prairie Grove - 71-�.L`lr a L 2 Sums�exs- �� 70 F'imington1-61 i E Township St o Z tC > _a ® Greenland Sulphur City m d Salem springs', Lincoin • • durham Ni Offutt Dr r- z z z West Fork Dutch Mifl" 'Cane Hill - ti. 71 I N (� Morrow I I N .e o E Peel St ``a Ln w to EiarrsvWe winslow, J W Garrett Dr z mare Dr v .. _ ....... .r 0 Washington County o z Fayetteville W Elm St N �� Q z 2 rnWPoplarSt Poplar St a Q DOT No. 667190A Q 3 O a, Si M �c o � W Bel Air Dr aa` W Ash St m o z O zt E Ash St W Deane St \a W DavisDz m 2 -= z W Kelley St ¢ a 000�/r`, E Edna St 3 m ' d� EAdelaide Ln Q = > 2 T N W Hendrix St°1 0 m '3 11 J � o Mount Comfort Rd zO` Z °o a 1415 W Hefley St �ti \, E Calvin St Q� Q(\ate 123) .3` z =m W Lawson St o 71 � E Birwin St W Cedar St W James St li �.�\eCa +5 W Holly St O m 6 x m o t W North St C N .tefro lon e z Grade• •Improvements RAILROAD -HIGHWAY CROSSING DIAGNOSTIC TEAM INSPECTION REPORT Y Date Inspection Made: 11/7/2017 County: Washington Railroad: A&M Crossing DOT Number: 667190A (Lights) Location: Fayetteville Highway or Street: Poplar St. Hazard Rating by AHTD: 5.137 Rank: 518 of 2448 (2 crashes) TRAIN AND TRACK INFORMATION: Number of Trains per Day:YNumber of Switching Movements: Scheduled Train Speed: > Number of Main Tracks: 1 Other: 0 Type Track i.e. Spur, Industry, etc: Track Alignment at Crossing: 90° Type of Crossing Surface Between Ends of Ties: Concrete Panel ROADWAY OR STREET.INFORMATION: ADT: 4300 Width at Crossing: -Y,% pe of Surfacing on Crossing Approaches: Asphalt Roadway Speed at Crossing: 15 mph Close to Signalized Roadway Intersection: Yes, Poplar & Gregg (interconnect) SIGHT DISTANCE IN ALL F01JIt QIIA1)RANTS: i Northwest : _ Northeast J� Southwest f Southeast Other conditions at crossing i ,, s L_x t THE DIAGN STIC TEAM RECOMMENiI Signals - Surface - Pavement Markings an Adwince Warning Signs - ,A - Comments- /tf L (< < 10% Match Responsibility: ��; :. � _ .� ` � e, �� �.-►. �. r. a ' t This recommendation represents a consensus of opinion of the `I)i,;gnos is Team and is not a commitment to construct this project nor is it a recommendation that this project, be scheduled until adequate funds become available. > •.Y k ll i; J Railroad Representative 4z/ _ cam, L% I AHTD MPP Represenlatyeaft AHTD District Representative /\V_ y� FHWA Representative City/County Representative Ire, 1 _ Rank among 1,863 public, at -grade crossings without lights and gates. 2 - Hazard Rating based on formula that includes number of crashes in last 15 years, number of trains per day, average daily traffic, and number of tracks at the crossing. rA117%.vIIIIIIIIIICiIuVU LU%;dl 1[UdQ muLnorhy RaHroad Crossing improvements Dwaysting Protection Hazard •..hes Protection 11 # Tracks Federal Local Match Total Estimate 2 431264K UPRR County Road 53/Gay Ln RR Ashley County Crossbucks iWnMsstT lights and gates 123 5.05 38 15 2 1 $ 252,450 Signals (Montrose) (S) and surface $ 28,050 $ 280,500 2 426100J UPRR County Road 992/Ussery Rd. RR Signals (Redfield) (S) Jefferson County Crossbucks install lights and gates 78 6.436 103 21 2 1 $ 282,150 $ 31,350 $ 313,500 2 426267V UPRR Stark Gate Rd RR Signals Upgrade (Redfield) (S) Jefferson County Lights upgrade lights and install 100 5.762 763 21 0 1 $ 252,450 $ 28,050 $ 280,500 gates 2 425280F UPRR State Police Rd RR Signals (Mitchellville) (S) Desha County Crossbucks install lights and gates 123 505 37 15 2 1 $ 252,450 $ 28,050 $ 280,500 with sidelights and surface 3 330576N KCS Commerce St RR Signals (Ashdown) (S) City of Ashdown Crossbucks install lights and gates 129 4.952 412 26 1 1 $ 337,500 $ 37,500 $ 375,000 with sidelights 4 667190A A&M Poplar St. RR Signals Upgrade (Fayetteville) (S) City of Fayetteville Lights on Cantilevers upgrade kjhts and instil 117 5.137 4300 4 2 1 $ 267,535 $ 29,726 $ 297,261 gates 1 4 330503D KCS Bradley St. RR Signals Upgrade (Grannis) (S) City of Grannis Lights on Canfilevers upgrade lights and install 95 5.912 712 20 0 2 $ 337,500 $ 37,500 $ 375,000 gates 4 330465N' KCS County Road 39/Oak St. RR Signals (Hatfield) (S) Polk County Crossbucks install lights and gates with sidelights 119 5.092 430 20 0 3 $ 270,000 $ 30,000 $ 300,000 4 434415H UPRR Main St RR Signals Upgrade (Dyer) (S) City of Dyer Lights upgrade lights and install 90 5.961 1000 18 0 1 $ 252,450, $ 28,050 $ 280,500 gates 5 4379666 UPRR County Road 438 RR Signals (McRae) (S) White County Crossbucks install lights and gates 20 10.475 167 44 2 2 $ 487,080 $ 54,120 $ 541,200 5 438159H UPRR County Road 74 RR Signals (Alicia) (S) Jackson County Crossbucks install lights and gates 132 4.896 322 33 0 1 $ 424,710 $ 47,190 $ 471,900 6 439810J UPRR County Road 32 Signals (Malvern) (S) Hot Spring County Crossbucks install lights and gates 36 8.241 116 36 2 2 $ 376,200 $ 41,800 $ 418,000 with sidelights 6 434190F UPRR Crystal Rd. RR Signals (North Little Rock) (S) City of North Little Rock Crossbucks install lights and gates 102 5.65 29 18 2 1 $ 296,010 $ 32,890 $ 328,900 6 4262680 UPRR E. Hensley Rd RR Signals (Hensley) (S) Pulaski CountyCrossbucks install lights and gates 9 9 128 4.958 402 21 0 2 $ 461,340 $ 51,260 $ 512,600 7 787716D UPRR Edgar St RR Signals (Fordyce) City of Fordyce Crossbucks install lights and gates 93 5.925 348 30 0 2 $ 498,600 $ 55,400 $ 554,000 8 434324C UPRR Macon Road RR Signals (Russellville) (S) City of Russellville Crossbucks install lights and gates 102 5.65 27 18 2 1 $ 291,060 $ 32,340 $ 323,400 8 434280E UPRR Morrill St. RR Signals Upgrade (Morditon) (S) City of Morrillton Lights upgrade lights and install 83 6.205 591 18 0 1 $ 288,090 $ 32,010 $ 320,100 gates 9 330384W 8 KCS County Road 164 RR Signals (Siloam Springs) (S) Benton County Crossbucks install lights and gates 91 5.95 36 20 2 1 $ 315,000 $ 35,000 $ 350,000 10 437896N UPRR County Rd. 419/County Rd. 142 RR Signals (Coming) (S) ClayCountyCrossbucks install lights and gates g 9 27 9.062 248 33 2 1 $ 252,450 $ 28,050 $ 280,500 10 787825G UPRR County Road 16/Hardin Ln. RR Signals (Weiner) (S) Poinsett County Crossbucks install lights and gates 53 7.354 112 30 2 1 $ 376,200 $ 41,800 $ 418,000 u.fe. TOTAL: $ 6,571,225 $ 730,136 $ 7,301,361 1 _ Rank among 1,863 public, at -grade crossings without lights and gates. 2 - Hazard Rating based on formula that includes number of crashes in last 15 years, number of trains per day, average daily traffic, and number of tracks at the crossing. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0559 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 9 HAWKINS-WEIR ENGINEERS, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC, IN THE AMOUNT OF $54,220.00 FOR CONCEPTUAL DRAINAGE DESIGN SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with Hawkins -Weir Engineers, Inc., in the amount of $54,220.00 for conceptual drainage design associated with a project to alleviate flooding near the intersection of North College Avenue and East Sunbridge Drive. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 Chris Brown Submitted By City of Fayetteville Staff Review Form 2019-0559 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/29/2019 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $54,220.00 with Hawkins -Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection. Approval of a Budget Adjustment. 4604.860.7415-5860.02 Account Number 46040.7415.1000 Budget Impact: 4604 - Drainage Projects 2019 Bonds Fund Drainage Project (2019 Bonds), Sunbridge/College Drainage Phase I Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title $ 8,009,572.00 8,009,572.00 $ 54,220.00 7,955,352.00 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF 1pFAYETTEVILLE "b"'7 ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: August 27, 2019 CITY COUNCIL MEMO SUBJECT: Approval of a contract in the amount of $54,220.00 with Hawkins -Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection. Approval of a Budget Adjusment RECOMMENDATION: Staff recommends City Council approval of a contract in the amount of $54,220.00 with Hawkins -Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection. Approval of a budget adjustment BACKGROUND: This project will consist of a conceptual drainage analysis associated with helping to alleviate flooding within near the intersection of N College Ave and E Sunbridge Drive including, but not limited to, survey, hydrologic and hydraulic studies, evaluation of detention basins to attenuate flow and the feasibility of constructing the project in two phases. This project was identified as a priority project by City Council after the April 2017 flooding event. DISCUSSION: This project has been identified as one of the projects to be funded by the first phase of the 2019 Drainage Bond Program. Hawkins -Weir Engineers, Inc has provided a proposed scope and fee in the amount of $54,220.00 for the design of this project. The contract will be paid based on hourly rates for work completed, up to the total contract amount. The conceptual drainage design will help to identify the full scope of the required project and a contract amendment is anticipated once the full scope is defined. This amendment will be brought forward to council for review and approval at a later date. The estimated project amount of $1.4 million is subject to changes based on the results of the conceptual design. BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Drainage Bond Project. Attachments: Engineering Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And HAWKINS-WEIR, ENGINEERS, INC. THIS AGREEMENT is made as of , 2019, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and HAWKINS-WEIR ENGINEERS, INC. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Professional Engineering Services Contract.doc FY19 SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix B. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $54,220.00. The maximum not -to -exceed amount authorized for Reimbursable Expenses is $250.00. Reimbursable Expenses shall be limited to reproduction and printing costs. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a hourly NTE basis described in Appendix C. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Professional Engineering Services Contract.doc FY19 2 Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the conceptual design for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Professional Engineering Services Contract.doc FY 19 Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Professional Engineering Services Contract.doc FY 19 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Professional Engineering Services Contract.doc FY 19 5 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require Professional Engineering Services Contract.doc FY19 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 438 East Millsap Road, Suite 107, Fayetteville, Arkansas 72703 Professional Engineering Services Contract.doc FY 19 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising Professional Engineering Services Contract.doc FY19 g out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the Professional Engineering Services Contract.doc FY19 9 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE fmds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such fmding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk ENGINEER BY: Title: YM PRESIDENT END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Professional Engineering Services Contract.doc FY19 10 Appendix A 110F Scope of Services Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas CITY F FAYETTEVILLE HWEI Project No. 2019070 ARKANSAS August 2019 Task Description Task 1 — Conceptual Design 1. Perform initial survey to determine flowline elevations of necessary drainage facilities (pipes, inlets, ditches, etc) within project study area 2. Prepare a scaled drawing in AutoCAD Civil 3D 3. Participate in a project kickoff meeting with the Owner 4. Hydrologic and Hydraulic Design a. Determine Watersheds L Evaluate upstream watershed east of College Avenue 1. Use provided GIS Information 2. Site visit and field investigation ii. Evaluate upstream watershed north of Granada Street 1. Use provided GIS Information 2. Site visit and field investigation b. Prepare Drainage Model c. Perform Hydrologic and Hydraulic analysis of proposed improvements d. Evaluate Detention Pond Locations and Sizes (maximum of 3 locations) e. Evaluate feasibility of constructing improvements in separate Phases f. Evaluate alternate stormwater routings g. Prepare exhibits including plans and profiles for Phase 1 and Phase 2 h. Prepare Preliminary Drainage Report L Meet with City Staff to present the Preliminary Drainage Report 2019070Wppendix A (Conceptual Design).docx Page 1 r:m Appendix B Proposed Schedule Sunbridge Drive and College Avenue Drainage Improvements City of Fayetteville, Arkansas HWEI Project No. 2019070 August 2019 Project Milestone Complete Hydraulic Model Prepare Draft Drainage Report Submit to Owner and address Owner's Comments Deliver Preliminary Drainage Report CITY OF FAYETTEVILLE ARKANSAS Days from Notice to Proceed 60 90 120 150 2019070VWppendix B (Conceptual Design).docx Page 1 RM 1 Conrentual Design Appendix C City of Fayetteville, Arkansas Sunbridge Drive and Colllege Avenue Drainage Improvements HWEI Project No. 2019070 August2019 CITY OF FAYETTEVILLE ARKANSAS Task Engr VII Engr VI Engr III Engr II Surveyor GPS Survey Dsgnr II Tech Tech III 1 1. Intial Survey to determine flowline elevations of all drainage facilities (pipes, inlets, ditches, etc) within project improvements limits 4 4 40 4 2. Prepare a scaled drawing in AutoCAD Civil 3D 4 8 16 3. Partici ate in Kickoff Meeting with Owner 4 4 4 4 4. Hydrologic and Hydraulic Design a. Determine Watersheds 8 20 1 Evaluate upstream watershed east of College Ave 4 20 2 Evaluate upstream watershed north of Granada St 4 20 b. Prepare Drainage Model using Storm and Sanitary Ana Isis 40 c. Perform H & H analysis 4 20 d. Evaluate Detention Pond locations and sizes 4 4 1 20 e. Evaluate feasibility of constructing improvements in Phases 8 4 20 f. Evaluate alternate stormwater routings 8 20 g. Prepare exhibits for Phase 1 and 2 4 8 16 h. Prepare preliminary Drainage Report 24 16 40 16 i. Meet with Owner to present Preliminary Drainage Report 4 4 4 4 Total Hours 8 68 32 232 4 40 1 12 1 52 1 16 1 ask GOstJ bb4,2ZUJ 2019070\Appendix C\Scope and Fee.xlsx Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 18, 2019 through August 15, 2020 Engineer VII $ 190 Per Hour Engineer VI $ 175 Per Hour Engineer V $ 160 Per Hour Engineer IV $ 145 Per Hour Engineer III $ 125 Per Hour Engineer II $ 100 Per Hour Engineer 1 $ 85 Per Hour Engineering Technician Designer II $ 100 Per Hour Designer I $ 75 Per Hour Technician IV $ 85 Per Hour Technician III $ 75 Per Hour Technician II $ 65 Per Hour Technician 1 $ 55 Per Hour Field Technician - Field Inspector Resident Project Representative (RPR) $ 120 Per Hour Inspector II $ 75 Per Hour Inspector I $ 65 Per Hour Field Surveying GPS Survey $ 175 Per Hour GPS Mapping Survey $ 95 Per Hour Surveyor $ 85 Per Hour Administrative $ 0.10 Per Copy Letter Copy - Color $ 0.75 Per Copy Business Manager $ 85 Per Hour Expert Witness Preparation At Engineer's Hourly Rate Testimony, less than 1/2 day $1,000 Testimony, per Day $2,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle* $0.58 per mile effective 1/1/19 Reproduction: Outside printing service Actual Cost In-house printing Letter Copy - B&W $ 0.10 Per Copy Letter Copy - Color $ 0.75 Per Copy 22 x 34 Size Copy - B&W $ 3.00 Per Copy 22 x 34 Size Copy - Color $10.00 Per Copy 11 x 17 Size Copy - B&W $ 1.50 Per Copy 11 x 17 Size Copy - Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each * To be adjusted periodically to current IRS mileage rate All Billings are due upon receipt unless prior arrangements for payment have been made. Phase 1 (First Bond Issue) Drainage Projects 9/19 - 6/22 —Design —Construction Mount Comfort Nd _ _ v 1 Missouri Creek 2 c 3 Fairlane/El mhurst/McCliMon 4 u S River Meadows Dr 6 0 7 Eastern Avenue 8 Niokaska Creek Stream Restoration 9 Scull Creek Stream Restoration 10 a 11 Palmer Avenue Wedington Dr io eSC 1 9 blakc � c Deane St 49 V 112, sycamore St / E a J Nora St ac e u Maple St Dickson St 112 M L tg ze C B a Gulley Tgvnahlp St P'ark Mount seriui Wood: Vc az D F c N e a , Y e D SkJlem RJ ' Wyman Rr, Huntsville Ry Walk.. park D I teism ism St_,__._�_-- a a S ~City of Fayetteville, AR Project ID Project Name 1 Missouri Creek 2 Sunbridge/College 3 Fairlane/El mhurst/McCliMon 4 Upper Scull Creek Phase 2 S River Meadows Dr 6 Boxwood Addition 7 Eastern Avenue 8 Niokaska Creek Stream Restoration 9 Scull Creek Stream Restoration 10 Homespun Drive 11 Palmer Avenue 1 9 blakc � c Deane St 49 V 112, sycamore St / E a J Nora St ac e u Maple St Dickson St 112 M L tg ze C B a Gulley Tgvnahlp St P'ark Mount seriui Wood: Vc az D F c N e a , Y e D SkJlem RJ ' Wyman Rr, Huntsville Ry Walk.. park D I teism ism St_,__._�_-- a a S ~City of Fayetteville, AR City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2019 Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget Adjustment allocating $1,400,000 to the Drainage 2019 Bond Projects sub -project (46040.7415.1000) - Sundbridge/College Drainage). $54,220 will be used to fund the contract with Hawkins -Weir, Engineers, Inc. for conceptual drainage design services associated with the flooding near the N College Ave and E Sunbridge Drive Intersection. The remaining budget is estimated to be needed for future engineering and construction contracts. The budget transferred is coming from the unallocated portion of the project. COUNCIL DATE: LEGISTAR FILE ID#: 9/17/2019 2019-0559 8/29/2019 12:47 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190816 Account Name 4604.860.7415-5817.00 1,335,780 - 46040 7415.1000 EX Improvements - Bridge & Drainage 4604.860.7415-5860.02 4604.860.7415-5860.04 54,220 - 10,000 - 46040 46040 7415.1000 7415.1000 EX EX Capital Prof Svcs - Engineering Capital Prof Svcs - Engineering Contra 4604.860.7999-5899.00 (1,400,000) - 46040 7999 EX Unallocated - Budget H:\Budget Adjustments\2019_Budget\City Council\09-17-2019\BAl9 - 2019-0559 46040.7415.1000 Sunbridge Hawkins Weir EngineeringAsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0558 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 10 GARVER, LLC - MISSOURI CREEK DRAINAGE BASIN: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $346,700.00 FOR DESIGN SERVICES ASSOCIATED WITH A PROJECT TO ALLEVIATE FLOODING WITHIN THE MISSOURI CREEK DRAINAGE BASIN, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with Garver, LLC in the amount of $346,700.00 for design services associated with a project to alleviate flooding within the Missouri Creek Drainage Basin. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0558 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 8/29/2019 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a contract in the amount of $346,700.00 with Garver, LLC. for design services associated with the Missouri Creek Drainage Basin. Approval of a Budget Adjustment. 4604.860.7410-5860.02 Account Number 46040.7410.1000 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: 4604 - Drainage Projects 2019 Bonds Fund Drainage Project (2019 Bonds), Missouri Creek/Rolling Hills Drainage Phase I Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 8,009,572.00 8,009,572.00 $ 346,700.00 7,662,877 on Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer CITY COUNCIL MEMO DATE: August 27, 2019 SUBJECT: Approval of a contract in the amount of $346,700.00 with Garver, LLC. for design services associated with the Missouri Creek Drainage Basin. Approval of a Budget Adjustment RECOMMENDATION: Staff recommends City Council Approval of a contract in the amount of $346,700.00 with Garver, LLC. for design services associated with the Missouri Creek Drainage Basin. Approval of a Budget Adjustment. BACKGROUND: This project will consist of complete drainage analysis and improvements associated with helping to alleviate flooding within the Missouri Creek Drainage Basin including, but not limited to, hydrologic and hydraulic studies, design, preparation of property acquisition document and bidding services for improvements along Stanton Avenue between N Elizabeth Avenue and Rolling Hills Drive, along Loxley Avenue between Cortland Street and Harold Street and capacity improvements to Missouri Creek between Rolling Hills Drive and Stubblefield Road. This project was identified as a priority project by City Council after the April 2017 flooding event. DISCUSSION: This project has been identified as one of the projects to be funded by the first phase of the 2019 Drainage Bond Program. Garver, LLC has provided a proposed scope and fee in the amount of $346,700.00 for the design of this project. The contract will be paid based on hourly rates for work completed, up to the total contract amount. BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Drainage Bond Project. Attachments: Engineering Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER, LLC THIS AGREEMENT is made as of , 2019, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and GARVER, LLC (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: Garver Contract— Professional Engineering Services 1 8/22/2019 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform his services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. NX M[1Li -1 R1I1i/ 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. 5.1 The maximum not -to -exceed amount authorized for this Agreement shall be based upon on a Unit Price basis as described in Appendix B. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER'S normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment Garver Contract — Professional Engineering Services 2 8/22/2019 shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Garver Contract — Professional Engineering Services 8/22/2019 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: Garver Contract — Professional Engineering Services 4 8/22/2019 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Garver Contract — Professional Engineering Services 5 8/22/2019 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE Garver Contract — Professional Engineering Services 6 8/22/2019 may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER'S activities pertaining to any such publication shall be for ENGINEER'S account. 6.11 Indemnification 6.1 1.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, drawings, and specifications prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 125 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 2049 E. Joyce Blvd, Suite 400 Fayetteville, Arkansas 72703 Garver Contract — Professional Engineering Services 7 8/22/2019 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be Garver Contract — Professional Engineering Services 8 8/22/2019 decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Garver Contract — Professional Engineering Services 9 8/22/2019 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk ENGINEER By: Sr. Project Manager, Ron Petrie By: ��& "& rou END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Garver Contract — Professional Engineering Services 10 8/22/2019 APPENDIX A — SCOPE OF SERVICES 1. General Generally, the scope of services includes surveying, hydrologic & hydraulic studies, design, preparation of property acquisition documents, and bidding services for improvements within the Missouri Creek watershed basin. Improvements will consist primarily of installing an underground drainage system along Stanton Avenue between N. Elizabeth Avenue and Rolling Hills Drive with a potential settling basin near Rolling Hills Drive, along Loxley Avenue between Cortland Street and Harold Street, and capacity improvements to Missouri Creek between Rolling Hills Drive and Stubblefield Road including a potential box culvert crossing replacement on Eton Street. 2. Surveys 2.1. Design Surveys Garver will provide field survey data for designing the project, and this survey will be tied to the Owner's control network. Garver will conduct field surveys, utilizing radial topography methods, at intervals and for distances at and/or along the project site as appropriate for modeling the existing ground, including locations of pertinent features or improvements. Garver will locate buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present at and/or along the project site. Garver will establish control points for use during construction. 2.2. Property Surveys Garver will locate existing monumentation representing right of way and/or easements based on record data. 3. Geotechnical Services Garver will subcontract with Terracon Consultants, Inc. for obtaining geotechnical data necessary for the design of this project as further described below: Y Drill a total of 11 borings - 8 along Stanton Avenue and 2 along Loxley Avenue to primarily determine rock depth to 10 -ft depth or auger refusal, whichever is less. One additional bore is planned near the Eton Street crossing of Missouri Creek to 15 -ft depth or auger refusal, whichever is less. Undisturbed soil samples or Standard Penetration Values at 2- to 5 -ft intervals or at a change in soil stratum will be obtained. Y Site reconnaissance, boring lay out, access, co-ordinate with property owners. Y Traffic control. Y Perform an adequate laboratory testing program planned after the borings are completed to determine the physical characteristics and engineering properties of the foundation and subgrade soils. Y Prepare an engineering report with findings and recommendations for construction criteria. 4. Coordination Garver will furnish plans to all known utility owners potentially affected by the project at the preliminary and final stages of development. Garver will coordinate with all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations. Garver will include the surveyed Appendix A - Scope of Services 1 of 5 19T21080 Missouri Creek Improvements locations of the observable and marked utilities in the construction plans. Garver will also include proposed and/or relocated utility information in the construction plans as provided by the utility companies. Garver will furnish final plans to the following agencies: ADEQ, COE, SHPO and USFWS for their review and comment. Garver will also attend coordination meetings with the Owner and other agencies as required. Garver will prepare exhibits for these meetings when appropriate. 5. Environmental Services Garver will perform wetland delineation for the entire project. Garver will work to obtain the appropriate environmental permits for the project from the US Army Corps of Engineers. Garver will submit an initial coordination letter to the State Historic Preservation Office (SHPO) and complete a habitat assessment and provide an effects determination to obtain clearance from the US Fish and Wildlife Service (USFWS). Permitting efforts will include coordination of avoidance/minimization with the designer, alternatives analysis and determination of mitigation credits. Garver will prepare a stormwater pollution prevention plan (SWPPP) for small construction sites. 6. Hydrologic and Hydraulic Study Garver will provide floodplain analysis services for the project. The purpose of the study will be to analyze the Missouri Creek floodplain, including the crossings at Rolling Hills Dr., Eton St. and Stubblefield Rd. In addition, a new crossing will be analyzed at Eton St. The following items will be completed as part of the study: Y The project limits for this analysis will extend along Missouri Creek from Stubblefield Rd. to Rolling Hills Dr. Y Garver will attend one site visit to observe existing features at the project site. Y The creek is shown as a Zone A on the FEMA maps. A hydrologic and hydraulic model of the creek is not expected to be available from FEMA. Y Garver will develop a hydrologic model of the project area using the HEC -HMS software. Y Garver will develop a hydraulic model of the project area using the HEC -RAS software. This model will be used to analyze existing and proposed project scenarios for Missouri Creek. These scenarios will include creek clearing and channelization to evaluate the effect of the improvements on flooding at adjacent houses. Y Garver will also analyze the crossing at Eton St. to determine a proposed crossing size to accommodate the design storm for the City of Fayetteville. Garver will prepare a brief drainage memorandum that will include the following items: o Brief description of the existing floodplain and drainage system hydraulic condition; o Descriptions of the results for the scenarios described above; o Plots of relevant cross sections and floodplain limits, o Tables showing existing and proposed condition hydraulic results such as water surface elevations, velocities and other hydraulic parameters. o Submit drainage memorandum to City of Fayetteville for review. Garver will attend up to two meetings with the City. Appendix A - Scope of Services 2 of 5 19T21080 Missouri Creek Improvements 7. Conceptual Design Garver will prepare conceptual plans (30%) that will include: Y Topography Y Drainage Area Map Y Storm Sewer Plan & Profile Sheets Y Settling Basin Grading Plan Y Water/Sewer Adjustment Plan & Profile Sheets Y Eton Street Crossing Replacement Y Missouri Creek Improvements Plan & Profile Sheets Y Typical Details The conceptual submittal will also include a report for the water surface modeling of the Missouri Creek existing conditions and proposed conditions between Stubblefield Road and Rolling Hills Drive and an opinion of probable construction cost. This conceptual submittal will be for the purpose of coordinating the proposed improvements with the Owner and the utility companies and developing an order of magnitude cost estimate for the project. Garver will incorporate comments from the Owner in the Preliminary Design. Garver will proceed with Preliminary Design after the Conceptual Design is approved by the Owner in writing. 8. Preliminary Design Once Garver receives written approval from Owner on Conceptual Design, Garver will begin Preliminary Design. The Preliminary Design phase submittal will include all items as listed in the conceptual phase representing 60% of final drawings plus a Maintenance of Traffic Plan, Special Details, Geotechnical Report, and an opinion of probable construction cost. This submittal will not include technical specifications or "front end" contract documents. Garver will incorporate comments from the Owner on the Preliminary Design in the Final Design. Garver will proceed with Final Design after the Preliminary Design is approved by the Owner in writing. 9. Final Design Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final Design. During the final design phase of the project, Garver will conduct final designs to prepare construction plans and specifications, for one construction contract, including final construction details and quantities, special provisions, and opinion of probable construction cost. Garver will also make final field inspection with Owner, make any needed plan changes as a result of the final field inspection and/or special easement acquisition considerations, and prepare the construction documents as required to advertise for bids. Garver will also prepare, submit, and coordinate approval of a Stormwater Pollution Prevention Plan (SWPPP) with ADEQ. 10. Property Acquisition Documents Garver will provide mapping as required for preparing Right of Way/Easement acquisition documents for the Owner's use in acquiring the property. Documentation will include a key map showing all affected properties and an individual tract map with description of temporary and permanent acquisition for each property. The Owner will provide a standard easement acquisition document or "go-by" example for use by Garver. The fee for providing property acquisition documentation is based on permanent right of way and temporary construction easements for no more than 18 parcels. Property Appendix A - Scope of Services 3 of 5 19T21080 Missouri Creek Improvements acquisition document preparation will begin after receiving the Owner's comments from the Final Design review. 11. Bidding Services During the bidding phase of the project, Garver will: A. Prepare and submit Advertisement for Bids to newspaper(s) for publication as directed by the Owner. Owner will pay advertising costs outside of this contract. B. Dispense construction contract documents to prospective bidders (at the approximate cost of reproduction and handling). C. Support the contract documents by preparing addenda as appropriate. D. Participate in a pre-bid meeting if necessary. E. Attend the bid opening. F. Prepare bid tabulation. G. Evaluate bids and recommend award. H. Prepare construction contracts. 12. Construction Phase Services Construction Phase Services are excluded from the Scope of Services but may be added by future amendment. 13. Project Deliverables The following will be submitted to the Owner, or others as indicated, by Garver: A. Digital copy of the H & H Report. B. Digital copy of the Geotechnical Report. C. Three copies of the Conceptual Design with opinion of probable construction cost. D. Three copies of the Preliminary Design with opinion of probable construction cost. E. One digital copy of the Preliminary Plans to each potentially affected utility company. F. Three copies of the Final Design with opinion of probable construction cost. G. Three copies of the revised Final Design with opinion of probable construction cost. H. One digital copy of the revised Final Plans to each potentially affected utility company. I. Three copies of the Final Plans and Specifications to the Contractor. J. Three copies of the right-of-way and/or easement acquisition documents. K. Electronic files as requested. 14. Extra Work The following items are not included under this agreement but will be considered as extra work: A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. Pavement Design. D. Design of any utilities relocation except for water & sewer relocations as a direct result of the project. E. Retaining walls or other significant structural design beyond that required for a new Missouri Creek crossing at Eton Street. F. Street lighting or other electrical design. G. Construction Phase Services. H. Construction materials testing. I. Environmental Handling, documentation and surveys not specifically included in the scope of services, including wetland mitigation design or other work related to environmentally or Appendix A - Scope of Services 4 of 5 19T21080 Missouri Creek Improvements historically (culturally) significant items. J. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. K. Services after construction, such as warranty follow-up, operations support, etc. Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. 15. Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Calendar Days Surveys — Design and Property 60 days from Notice to Proceed H & H Study 60 days from Notice to Proceed Conceptual Design 90 days from completion of Surveys Preliminary Design 60 days from approval of Conceptual Design Final Design 45 days from approval of Preliminary Design Property Acquisition Documents 30 days from approval of Final Design Appendix A - Scope of Services 5 of 5 19T21080 Missouri Creek Improvements 9 APPENDIX B Missouri Creek Improvements Garver Hourly Rate Schedule: July 2019 - June 2020 Classification Rates Engineers / Architects E-1............................................................................. $ 108.00 E-2.............................................................................. $ 126.00 E-3............................................................................. $ 152.00 E-4.............................................................................. $ 178.00 E-5............................................................................. $ 217.00 E-6............................................................................. $ 272.00 E-7.............................................................................. $ 361.00 Planners I Environmental Specialist P-1.............................................................................. $ 131.00 P-2............................................................................. $ 164.00 P-3............................................................................. $ 204.00 P-4............................................................................. $ 232.00 P-5.............................................................................. $ 268.00 P-6.............................................................................. $ 306.00 P-7.............................................................................. $ 370.00 Designers D-1............................................................................. $ 101.00 D-2............................................................................. $ 118.00 D-3............................................................................. $ 141.00 D-4............................................................................. $ 164.00 Technicians T-1.............................................................................. $ 79.00 T-2.............................................................................. $ 100.00 T-3.............................................................................. $ 122.00 Surveyors S-1.............................................................................. $ 49.00 S-2............................................................................. $ 64.00 S-3............................................................................. $ 86.00 S-4.............................................................................. $ 124.00 S-5.............................................................................. $ 164.00 S-6............................................................................. $ 186.00 2 -Man Crew (Survey)...................................................... $ 198.00 3 -Man Crew (Survey)...................................................... $ 247.00 2 -Man Crew (GPS Survey) ............................................... $ 218.00 3 -Man Crew (GPS Survey) ............................................... $ 267.00 Construction Observation C-1............................................................................. $ 96.00 C-2............................................................................. $ 123.00 C-3............................................................................. $ 150.00 C-4............................................................................. $ 185.00 Management/Administration M-1 $ 370.00 X-1............................................................................. $ 62.00 X-2............................................................................. $ 84.00 X-3............................................................................. $ 117.00 X-4.............................................................................. $ 150.00 X-5............................................................................. $ 183.00 X-6............................................................................. $ 231.00 X-7.............................................................................. $ 279.00 Agreement for Professional Services Missouri Creek Improvements Garver Project No. 19T21080 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS FEE SUMMARY Title I Services Estimated Fees Geotechnical Services (Terracon) $6,100.00 Record Research $0.00 Utility Marking $1,000.00 Environmental Handling/Documentation $15,200.00 Surveys $86,750.00 H & H Studies $61,600.00 Water & Sewer Relocations $28,800.00 Conceptual Design $41,400.00 Preliminary Design $35,800.00 Final Design $36,200.00 Property Acquisition Documents $28,000.00 Bidding Services $5,850.00 Subtotal for Title I Services $346,700.00 Title II Services Construction Materials Testing $0.00 Construction Phase Services $0.00 Subtotal for Title II Services $0.00 L:\2019\19T21080 - Missouri Creek Drainage I m prove me nts\Contracts\Cl ient\D raft\APPE N D I X B - Garver Fee Spreadsheet - 2019.xlsx APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS SURVEYS WORK TASK DESCRIPTION E-3 $152.00 hr S-5 $164.00 hr S-4 $124.00 hr 2 -Man Crew (Survey) $198.00 hr 2 -Man Crew (GPS Survey) $218.00 hr T-2 $100.00 hr X-1 $62.00 hr 1. Surveys - Topographic 4 Coordination and Administration 8 12 Establish Horizontal and Vertical Control 4 4 12 12 Topographic Surveys 24 12 80 40 Additional Cross Sections 2 10 10 Locate Utilities 4 12 20 20 Data Processing/DTM Preparation 4 44 20 Subtotal - Surveying 8 50 72 122 82 20 4 2. Surveys - Property Coordination and Administration 4 8 Record and Field Research 4 12 24 Property Surveys 1 4 24 12 Data Processing/Property-Easement Delineation 12 40 i i i i i _+i Subtotal - Surveying 4 1 28 1 52 1 48 1 12 1 0 1 0 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Postage/Freight/Courier Office Supplies/Equipment Communications Survey Supplies Aerial Photography GPS Equipment Computer Modeling/Software Use Traffic Counting Equipment Locator/Tracer/Thermal Imager Equipment Travel Costs SUBTOTAL - DIRECT NON -LABOR EXPENSES 12 78 124 170 94 20 4 $1,824.00 $12,792.00 $15,376.00 $33,660.00 $20,492.00 $2,000.00 $248.00 $30.00 $0.00 $0.00 $0.00 $41.00 $0.00 $0.00 $0.00 $0.00 $0.00 $287.00 $86,392.00 $358.00 TOTAL FEE: $86,750.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS H&H STUDIES WORK TASK DESCRIPTION E-6 E-5 E-3 E-2 E-1 $272.00 $217.00 $152.00 $126.00 $108.00 hr hr hr hr hr 1. H & H Studies Data Collection Conduct field inspections to observe current conditions 10 14 Collect available data including GIS data and maps, site survey data, as-builts 2 6 Collect available FIRMs, Downstream Flood Insurance Study (FIS) study (Zone AE) 2 2 Review survey data and coordinate any additional surveying needs with City 2 10 Hydrologic Studies Determine watershed and sub -watershed boundary 1 8 Determine Watershed Parameters 2 8 Develop HEC -RAS hydrologic model 4 16 Hydraulic Studies - Crossing at E Eton St. Create the existing and proposed hydraulic model using HEC -RAS (Scour Not Incl) 8 40 Coordinate with Roadway Engineers 2 8 QA/QC 2 4 6 Hydraulic Studies - Crossing at Rolling Hills and Stubblefield Create the existing bridge hydraulic model for both using HEC -RAS 8 32 Hydraulic Studies - Analyze Missouri Creek Insert Survey Cross Sections - 18 4 18 Develop Existing Condition Model of Missouri Creek using HEC -RAS 4 20 Evaluate Flooded Houses Using Model and Finished Floor Elevations 4 8 Plot Exisitng Condition Floodplain of Study Reach 2 2 8 Develop Model to Analyze Creek Clearing 4 8 Evaluate Flooded Houses Using Model and Finished Floor Elevations 4 8 Plot Floodplain for Creek Clearing of Study Reach 2 2 8 Develop Model to Analyze Creek Channelization 4 18 Evaluate Flooded Houses Using Model and Finished Floor Elevations 4 8 Plot Floodplain for Creek Channelization of Study Reach 4 2 8 QA/QC 8 10 Prepare Hydraulic Report 12 40 Meetings with City - Up to 2 at City 20 20 Scope Does Not Include Conditional Letter of Map Revision During construction hydraulic models not included Subtotal - H & H Studies 0 4 119 254 84 Hours 0 4 119 254 84 Salary Costs $0 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $310.00 Postage/Freight/Courier $110.00 Travel Costs (N. Little Rock to Fayetteville) $1,148.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $868 $18,088 $32,004 $9,072 $60,032.00 $1,568.00 TOTAL FEE: $61,600.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS ENVIRONMENTAL SERVICES WORK TASK DESCRIPTION E-6 $272.00 hr E-4 $178.00 hr E-3 $152.00 hr P-4 $232.00 hr P-2 $164.00 hr P-1 $131.00 hr T-1 $79.00 hr 1. Environmental Services Wetland Delineation & Report 1 4 26 4 Stream Mitigation Credit Determination & Bank Planning 1 1 8 Section 404 Individual Permit Package 8 16 SWPPP 6 10 2 QC 1 1 2 2 USFWS and SHPO Initial Coordination Letters 1 4 Habitat Assessment 2 8 Subtotal - Environmental Services 1 3 0 2 24 72 6 Hours 1 3 0 2 24 72 6 Salary Costs $272.00 $534.00 $0.00 $464.00 $3,936.00 $9,432.00 $474.00 SUBTOTAL - SALARIES: $15,112.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $23.00 Postage/Freight/Courier $0.00 GPS Equipment $40.00 Travel Costs $25.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $88.00 TOTAL FEE: $15,200.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS WATER & SEWER RELOCATIONS WORK TASK DESCRIPTION E-5 $217.00 hr E-4 $178.00 hr E-1 $108.00 hr T-1 $79.00 hr C-2 E-3 E-2 $123.00 $152.00 $126.00 hr hr hr 1. Civil Engineering Project Management 12 City Coordination 8 Storm sewer Coordination 4 4 Gravity Sewer Plan and Profiles (6 Sheets) 12 24 40 Water Line Crossing Relocations 6 12 24 City Coord. For CCTV and Service Verification 4 Sewer Service Sections 2 4 12 Construction Details 2 4 8 Water Service Adjustments 2 4 8 Specifications 2 12 Quantities and Cost Estimate 2 8 Utility Coordination 4 ADH Review and Approval 2 2 QAQC 4 4 4 Subtotal - Civil Engineering 4 1 62 1 76 1 94 1 4 1 0 1 0 Hours 4 62 76 94 4 0 0 Salary Costs $868.00 $11,036.00 $8,208.00 $7,426.00 $492.00 $0.00 $0.00 SUBTOTAL - SALARIES: $28,030.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $240.00 Postage/Freight/Courier $0.00 ADH Review Fee $500.00 Travel Costs $30.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $770.00 TOTAL FEE: $28,800.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS CONCEPTUAL DESIGN WORK TASK DESCRIPTION E-6 $272.00 hr E-5 E-4 $217.00 $178.00 hr hr E-3 E-2 E-1 $152.00 $126.00 $108.00 hr hr hr T-1 $79.00 hr 1. Civil Engineering Conceptual Plans Drainage Watershed Map & Calculations 16 30 10 Storm Sewer Plan & Profile Sheets 2 24 40 20 Eton Street Crossing Plan & Profile 8 16 8 Missouri Creek Improvements Plan & Profile 2 24 40 20 Typical Details 2 4 4 Meetings/Coordination with City 4 8 Opinion of Probable Construction Cost 1 8 16 QC Review 4 6 Subtotal - Civil Engineering 13 0 96 0 0 146 62 Hours 13 0 96 0 0 146 62 Salary Costs $3,536.00 $0.00 $17,088.00 $0.00 $0.00 $15,768.00 $4,898.00 SUBTOTAL - SALARIES: $41,290.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $100.00 Postage/Freight/Courier $0.00 Travel Costs $10.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $110.00 TOTAL FEE: $41,400.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS PRELIMINARY DESIGN WORK TASK DESCRIPTION E-6 $272.00 hr E-5 E-4 $217.00 $178.00 hr hr E-3 E-2 E-1 $152.00 $126.00 $108.00 hr hr hr T-1 $79.00 hr 1. Civil Engineering Preliminary Plans Storm Sewer Plan & Profile Sheets 2 16 30 10 Eton Street Crossing Plan & Profile 8 16 8 Profiles 2 20 40 10 Special Details 16 6 Coordination with Geotechnical Subconsultant 4 Coordination with Utility Companies 8 Coordination and Meetings with Owner 4 8 Public Meeting 4 6 4 Opinion of Probable Construction Cost 6 12 QC Review 4 6 Subtotal - Civil Engineering 16 0 98 0 0 108 28 Hours 16 0 98 0 0 108 28 Salary Costs $4,352.00 $0.00 $17,444.00 $0.00 $0.00 $11,664.00 $2,212.00 SUBTOTAL - SALARIES: $35,672.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $100.00 Postage/Freight/Courier $0.00 Travel Costs $28.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $128.00 TOTAL FEE: $35,800.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS FINAL DESIGN WORK TASK DESCRIPTION E-6 $272.00 hr E-5 $217.00 hr E-4 $178.00 hr E-3 $152.00 hr E-2 $126.00 hr E-1 $108.00 hr T-1 $79.00 hr 1. Civil Engineering Final Plans Storm Sewer Plan & Profile Sheets 2 12 20 8 Eton Street Crossing Plan & Profile 6 8 2 Profiles 2 16 24 8 Maintenance of Traffic Plan 8 12 6 Special Details 10 8 Erosion Control Plans 8 12 Coordination with Utility Companies 10 Coordination and Meetings with Owner 4 8 Specifications/Contract Documents 12 6 Quantities 8 10 Opinion of Probable Construction Cost 4 8 QC Review 4 6 Subtotal - Civil Engineering 12 0 108 0 0 108 24 Hours 12 0 108 0 0 108 24 Salary Costs $3,264.00 $0.00 $19,224.00 $0.00 $0.00 $11,664.00 $1,896.00 SUBTOTAL - SALARIES: $36,048.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $130.00 Postage/Freight/Courier $0.00 Travel Costs $22.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $152.00 TOTAL FEE: $36,200.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS PROPERTY ACQUISITION DOCUMENTS WORK TASK DESCRIPTION E-3 S-5 S-4 2 -Man Crew (Survey) 2 -Man Crew (GPS Survey) T-2 X-1 $152.00 $164.00 $124.00 $198.00 $218.00 $100.00 $62.00 hr hr hr hr hr hr hr 1. Acquisition Documents (Maximum 18 Parcels) Coordination and Administration 4 Documents 40 80 Temporary Construction Easements 4 10 Stake Proposed Easement (Maximum 18 Parcels) 4 20 20 Subtotal - Civil Engineering 4 44 94 20 20 0 0 Hours 4 44 94 20 20 0 0 Salary Costs $608.00 $7,216.00 $11,656.00 $3,960.00 $4,360.00 $0.00 $0.00 SUBTOTAL - SALARIES: $27,800.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $105.00 Postage/Freight/Courier $0.00 Survey Supplies $55.00 Travel Costs $40.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $200.00 TOTAL FEE: $28,000.00 APPENDIX B CITY OF FAYETTEVILLE MISSOURI CREEK IMPROVEMENTS BIDDING SERVICES WORK TASK DESCRIPTION E-6 $272.00 hr E-5 E-4 E-3 E-2 E-1 T-1 $217.00 $178.00 $152.00 $126.00 $108.00 $79.00 hr hr hr hr hr hr 1. Civil Engineering Dispense plans and specs to prospective bidders 4 Addendums/Inquiries 8 Pre -Bid Meeting 2 4 Bid Opening 1 2 Prepare bid tabulation 3 Evaluate bids and recommend award 2 Prepare construction contracts 4 Notice to Proceed 1 Subtotal - Civil Engineering 3 0 28 0 0 0 0 Hours Salary Costs SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly Postage/Freight/Courier Travel Costs SUBTOTAL - DIRECT NON -LABOR EXPENSES 3 0 28 0 0 0 0 $816.00 $0.00 $4,984.00 $0.00 $0.00 $0.00 $0.00 $5,800.00 $30.00 $0.00 $20.00 $50.00 TOTAL FEE: $5,850.00 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2019 Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget Adjustment allocating $3,726,000 to the Drainage 2019 Bond Projects sub -project (46040.7410.1000) - Missouri Creek/Rolling Hills). $346,700 will be used to fund the contract with Garver, LLC. for design services associated with the Missouri Creek Drainage Basin. The remaining budget is estimated to be needed for future engineering and construction contracts. The budget transferred is coming from the unallocated portion of the project. COUNCIL DATE: LEGISTAR FILE ID#: 9/17/2019 2019-0558 K.evbVV SpriN� 8/29/2019 3:53 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190816 Account Name 4604.860.7410-5817.00 3,369,300 - 46040 7410.1000 EX Improvements - Bridge & Drainage 4604.860.7410-5860.02 4604.860.7410-5860.04 346,700 - 10,000 - 46040 46040 7410.1000 7410.1000 EX EX Capital Prof Svcs - Engineering Capital Prof Svcs - Engineering Contra 4604.860.7999-5899.00 (3,726,000) - 46040 7999 EX Unallocated - Budget H:\Budget Adjustments\2019_Budget\City Council\09-17-2019\2019-0558 BA 46040.7410.1000 Garver Missouri Creek Rolling Hills Engineering.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0513 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 11 BID #19-37 PROGRESSIVE TRAIL DESIGN, LLC: A RESOLUTION TO AWARD BID #19-37 AND AUTHORIZE A CONTRACT WITH PROGRESSIVE TRAIL DESIGN, LLC IN THE AMOUNT OF $51,600.00 FOR THE CONSTRUCTION OF APPROXIMATELY 6,600 FEET OF NATURAL SURFACE TRAIL, ARMORED STREAM CROSSINGS, AND AN OVERLOOK AT KESSLER MOUNTAIN REGIONAL PARK, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,300.00 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 awards Bid #19-37 and authorizes Mayor Jordan to sign a contract with Progressive Trail Design, LLC in the amount of $51,600.00 for the construction of approximately 6,600 linear feet of natural surface trail, armored stream crossings and an overlook at Kessler Mountain Regional Park, and further approves a project contingency in the amount of $10,300.00. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 Ken Eastin Submitted By City of Fayetteville Staff Review Form 2019-0513 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/21/2019 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Park and Recreation planning staff recommends approval of a a contract with Progressive Trail Design of Fayetteville, AR in the amount of $51,600 and a project contingency in the amount of $10,300 (approximately 20%) for the construction of approximately 6,600 linear feet of natural surface trail, armored stream crossings, and a small overlook at Kessler Mountain Regional Park per Bid #19-37. 2250.520.9255-5814.05 Account Number 16010.1701 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Parks Development Fund Kessler Mountain Nature Trails Grant Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 82, 240.00 $ 5,353.60 $ 76,886.40 $ 61,900.00 14,986.40 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 40-14, 95-16, 44-17 Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Ted Jack, Park Planning Superintendent FROM: Ken Eastin, Park Planner DATE: August 22, 2019 SUBJECT: Resolution to approve a contract with Progressive Trail Design of Fayetteville, AR in the amount of $51,600 and a project contingency in the amount of $10,300 (approximately 20%) for the construction of approximately 6,600 linear feet of natural surface trail, armored stream crossings, and a small overlook at Kessler Mountain Regional Park per Bid #19-37. RECOMMENDATION: Park and Recreation planning staff recommends approval of a contract with Progressive Trail Design of Fayetteville, AR in the amount of $51,600 and a project contingency in the amount of $10,300 (approximately 20%) for the construction of approximately 6,600 linear feet of natural surface trail, armored stream crossings, and a small overlook at Kessler Mountain Regional Park per Bid #19-37. BACKGROUND: Through the authorization of Resolution 40-14, the City of Fayetteville purchased and preserved over 350 acres on Kessler Mountain in a partnership with the Walton Family Foundation, Chambers Bank and the Fayetteville Natural Heritage Association in 2014. Resolution 40-14 also directed Parks and Recreation to establish a public trailhead at the Regional Park in order to provide public access for the approximately 8 miles of existing nature, hiking, biking, and recreational trails previously established on Kessler Mountain. Furthermore, it was determined that a master plan be prepared to assess the condition of the existing trails and make recommendations on new trails to be established on Kessler Mountain. Progressive Trail Design, LLC was chosen through a Request For Proposals (RFP) selection process to prepare the master trails plan. This plan was subsequently prepared and unanimously adopted by the City Council on May 3rd, 2016 through Resolution 95-16. With the preparation and adoption of the Master Trails Plan complete, Parks and Recreation began to focus on implementation of the Plan. In order to expand existing budget opportunities and with the Mayor's approval, Parks applied for a matching grant from the Walton Family Foundation in November 2016. The grant was fully awarded in the amount of $210,000. The award was then accepted by the City Council on February 7, 2017 through Resolution 44-17. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 With the addition of the funds granted through the WFF, Parks advertised a Request for Proposals for the construction of 3.5 miles of new trail, the repair of designated portions of the existing trail, and fabrication of trail signage. This project was awarded to Progressive Trail Design through their proposal successfully chosen through committee. That project was completed, but left adequate funds within the budget to complete additional work. DISCUSSION: Based on the remaining available budget, Parks and Recreation compiled plans and specifications for additional new trail development that had been approved within the Master Trails Plan. This additional project consists of 6,600 linear feet of natural surface trail, armoring of five stream crossings, and construction of a small scenic overlook/rest area. The project was advertised in the spring of 2019 but received no bidders. The project was again advertised in July and received two bidders. Progressive Trail Design was the low bidder and staff has successfully negotiated a contract for the construction of these additional trail improvements. BUDGET/STAFF IMPACT: The submitted contract in the amount of $51,600, combined with a 20% contingency of $10,300, totals $61,900. A total of $76,886.40 is available in Project 16010.1701, Kessler Mountain Nature Trails Grant, which contains the remainder of the previous WFF grant, as well as the City's required match. Attachments: SRF 2019-0513 Staff Memo Contract — Progressive Trail Design Resolution 40-14 Resolution 95-16 Resolution 44-17 CITY OF FAYETTEVILLE ARKANSAS CONTRACT AGREEMENT— BETWEEN CITY AND CONTRACTOR Project: Bid 19-37, Construction of Park Loop Trail, Kessler Mountain Regional Park THIS AGREEMENT, made and entered into on the_ day of ,2019, by and between PROGRESSIVE TRAIL DESIGN„ herein called CONTRACTOR, and the CITY OF FAYETTEVILLE, hereinafter called the OWNER: OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. This project includes all work shown within the drawings/manual encompassing, but not limited to, the following items - earthwork, clearing of trail corridor, construction of trail tread, stone armoring of seeps and wet areas, and any items necessary to complete the project as shown in the contract documents. ARTICLE 2. PROJECT MANAGER The Parks and Recreation Department, with assistance from other departments, is responsible for project management. The Project Manager for the parks department is: Ken Eastin, Park Planner II City of Fayetteville Parks and Recreation Department 1455 South Happy Hollow Road Fayetteville, Arkansas 72701 and will hereinafter be called PARKS AND RECREATION DEPARTMENT PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. The city can change the Project Manager at any time. ARTICLE 3. CONTRACT TIME 3.1 The Work specked for construction under this contract shall be substantially complete within 90 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General Mailing Address: 113 W. Mountain Street wwwfayetteville-argov Fayetteville, AR 72701 Conditions within 120 consecutive calendar days after the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of the Agreement and that the OWNER will suffer financial loss if the Work is not completed within the times specified, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred and fifty dollars ($250.00) for each day that expires after the time specified 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 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER two hundred and fifty dollars ($250.00) for each day that expires after the time specified for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE The OWNER 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 unit 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. As provided in the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by PROJECT MANAGER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by PROJECT MANAGER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by PROJECT MANAGER, on or about the 1 at day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. 95 percent of Work completed (with the balance of 5 percent being retainage). if Work has been 50 percent completed as determined by the PROJECT MANAGER, and if the character and progress of the Work have been satisfactory to PROJECT MANAGER, OWNER, on recommendation of PROJECT MANAGER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in said General Conditions. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations! 6.1 CONTRACTOR has examined and carefully studied the Contract Documents and other related data identified in the Bidding Documents including "technical data." 6.2 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, or furnishing of the Work. 6.3 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. 6.4 CONTRACTOR has carefully studied all 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 which have been identified in the Supplementary Conditions as provided in the General Conditions. CONTRACTOR accepts the determination set forth in the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and PROJECT MANAGER 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. CONTRACTOR has obtained and carefully studied (or assumes responsibility for 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, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance 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. 6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for perfonnance and furnishing of the Work. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement 7.2 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 7.3 Performance, Payment and other Bonds 7.4 Certificates of Insurance 7.5 Documentation submitted by CONTRACTOR prior to Notice of Selection 7.6 General Conditions 7.7 Supplementary Conditions 7.8 Specifications consisting of divisions and sections as listed in table of contents 7.8 All addenda 7.10 One set of drawings (attached hereto) consisting of two sheets, numbered one and two, with each sheet bearing the following general title: Construction of Park Loop Trail Kessler Mountain Regional Park. 7.11 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 The documents listed in paragraphs 7.2 at seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. ARTICLE 8. MISCELLANEOUS 8.1 Terms used in the Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 8.2 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. 8.3 OWNER and CONTRACTOR each binds itself, its 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. 8.4 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 stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5 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. 8.6 Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. The OWNER will not agree to be forced to mediate or arbitrate any dispute. 8.7 Freedom of Information Act: City of Fayetteville 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 at. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 8.8 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 matedals 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. IN WITNESS WHEREOF, the City of Fayetteville and the Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Contractor and one counterpart has been delivered to the City of Fayetteville. CONTRACTOR: Progressive Trail Design Fayetteville, AR 72703 By: �O (Type or legibly print) Attest: WK-HiOW fftLillt+JC� (Type or legibl rint) Attest: (Signature CITY OF FAYETTEVILLE By: Lioneld Jordan (Signature) Title: Mayor By: Sondra Smith Attest: (Signature) Title: City Clerk Contractor shall attach evidence of authority to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractors signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy from the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in Current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. RESOLUTION NO. 40-14 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO APPLY FOR AND ACCEPT A 50150 MATCHING GRANT FROM THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF $1,500,000.00, TO USE THIS GRANT AND $1,600,000.00 OUT OF RESERVES TO PURCHASE ABOUT 328 ACRES OF MT. KESSLER FROM CHAMBERS BANK AND TO BUILD A TRAILHEAD, TO APPROVE A LAND SWAP WITH CHAMBERS BANK, TO SUPPORT A PARKLAND DEDICATION OF ABOUT 48 ACRES FOR FUTURE PARKLAND CREDIT AND TO APPROVE THE ATTACHED BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has a unique opportunity to work with the Walton Family Foundation, Fayetteville Natural Heritage Association and Chambers Bank to acquire and preserve 376 acres of Mt. Kessler for $3,000,000.00 and parkland dedication so that the Regional Park will grow to almost 600 contiguous acres of amenities running the gamut from developed sports fields to mountain biking and nature trails; and WHEREAS, the City will also need to spend about $100,000.00 from reserves to develop a public trailhead for the many nature, hiking, biking and recreational trails already established and to be established and enhanced as part of the Regional Park. 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 approves the City of Fayetteville application for the 50150 matching grant with the Walton Family Foundation, extends its deepest appreciation and gratitude to the Walton Family Foundation for this grant, agrees to accept and match this $1.5 million donation with City funds from reserves, agrees to use this Three Million Dollars to purchase about 328 acres from Chambers Bank, agrees to build the public trailhead for about $100,000.00 from reserves and authorizes Mayor Jordan to sign all necessary documents and agreements necessary to accomplish this grant, purchase and project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby agrees to support and recommend that the Fayetteville Planning Commission accept a parkland dedication of about 48 acres by Chambers Bank to be used for future parkland credit. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby agrees to swap those parcels of City land with Chambers Bank for the Chambers Bank parcels and trail easements all as identified on the map attached to this Resolution as Exhibit A. Page 2 Resolution No. 40-14 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment recognizing grant revenue of $1.5 million from the Walton Family Foundation and expenditures of $3.1 million for purchase of the Mt. Kessler property and construction on the trailhead. PASSED and APPROVED this 18th day of February, 2014. ":•llwd1 ATTEST: By: 40-v. Jypy'-46 SONDRA E. SMITH, City Clerk/Treasurer ..,� FAYETTEVILL! ; ftr�r1�rtrrr y i ic�ti}�`���� 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 95-16 File Number: 2016-0211 KESSLER MOUNTAIN TRAILS MASTER PLAN: A RESOLUTION TO ACCEPT AND ADOPT THE KESSLER MOUNTAIN TRAILS MASTER PLAN WHEREAS, on February 18, 2014, the City Council approved Resolution No. 40-14 authorized the purchase of 376 acres on Kessler Mountain with the assistance of the Walton Family Foundation, Chambers Bank and the Fayetteville Natural Heritage Association; and WHEREAS, on June 2, 2015, the City Council approved a contract with Progressive Trail Design, LLC for the development of a Kessler Mountain Trails Master Plan; and WHEREAS, after more than eight months of stakeholder group meetings and public input sessions, a final draft of the Master Plan was presented to the Parks and Recreation Advisory Board, which approved the plan unanimously; and WHEREAS, the proposed plan makes recommendations regarding improvements to the existing trails and proposes the construction of 7.6 additional miles of public use trails. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby accepts and adopts the Kessler Mountain Trails Master Plan, a copy of which is attached to this Resolution. PASSED and APPROVED on 5/3/2016 Page 1 Printed on 514116 Resolution: 95-16 File Number: 2016-0211 Attest: �fsttrtz- Sondra E. Smith, Citv Clerk t�t�rrrrrrr�ty Treasurer +`+ �1�'f• TR6-, =� Vp,yF-T7EV4LLE-; ;kms Page 2 Printed on 514116 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 44-17 File Number: 2017-0034 WALTON FAMILY FOUNDATION MATCHING GRANT: A RESOLUTION TO ACCEPT A WALTON FAMILY FOUNDATION MATCHING GRANT IN THE AMOUNT OF $210,000.00 FOR THE IMPLEMENTATION OF A PORTION OF THE KESSLER MOUNTAIN MASTER TRAILS PLAN, TO AUTHORIZE MAYOR JORDAN TO SIGN THE GRANT AGREEMENT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Walton Family Foundation has proven to be a strong supporter of Fayetteville's trail systems including the Mount Kessler acquisition; and WHEREAS, the Walton Family Foundation has offered a 50/50 grant in the amount of $210,000.00 for the implementation of a portion of the Kessler Mountain Master Trails Plan. 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 thanks and expresses its gratitude to the Walton Family Foundation for its generous $210,000.00 matching grant for the implementation of a portion of the Kessler Mountain Master Trails Plan, approves the attached Grant Agreement, authorizes Mayor Jordan to sign this Grant Agreement and agrees to match the grant using the Kessler Mountain Acquisition Fund and the Natural Surface Trail Development Fund. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 2/7/2017 Page 1 Printed on 2/8/17 Resolution: 44-17 File Number. 2417-0034 A nnrnvad Attest: CD.Znt &-,_ 1111fril Sondra E. Smith, City Clerk Tr 4�� I ! r,.01, PAYE..�� 77.VILl,[.�.a1 I�f� �10N4114��� Paye 2 Punted on 24(17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0532 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 12 DEMX ARCHITECTURE: File Type: Resolution A RESOLUTION TO APPROVE A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WITH DEMX ARCHITECTURE, PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $52,000.00 FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE RENOVATION AND REPLACEMENT OF EXISTING RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $10,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional architectural services agreement with DEMX Architecture, pursuant to RFQ #19-01, in the amount not to exceed $52,000.00 for design and construction administration services associated with the renovation and replacement of existing restrooms in multiple city parks, and further approves a project contingency in the amount of $10,000.00. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 Ted Jack Submitted By City of Fayetteville Staff Review Form 2019-0532 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/22/2019 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: Resolution to approve a contract between the City of Fayetteville, AR and DEMX Architecture of Fayetteville, AR to provide design and construction administration services associated with renovations (5) and replacements (2) of existing restrooms in multiple parks including Finger Neighborhood Park, Wilson, Gulley, and Walker Community Parks, and Lake Fayetteville Regional Park, for a total cost not to exceed $52,000, plus a $10,000 expense contingency, per RFQ#19-01, Selection #21. 2250.520.9255-5806.00 Account Number 13001.1902 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Parks Development Fund Park Restroom Improvements Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 700,000.00 $ 3,200.00 $ 696,800.00 $ 62,000.00 634,800.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: RFQ 19-01, Selection #21 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director FROM: Ted Jack, Park Planning Superintendent DATE: August 27, 2019 SUBJECT: Resolution to approve a contract between the City of Fayetteville, AR and DEMX Architecture of Fayetteville, AR to provide design and construction administration services associated with renovations (5) and replacements (2) of existing restrooms in multiple parks including Finger Neighborhood Park, Wilson, Gulley, and Walker Community Parks, and Lake Fayetteville Regional Park, for a total cost not to exceed $52,000, plus a $10,000 expense contingency, per RFQ #19-01, Selection #21. RECOMMENDATION: Staff recommends approval of a contract between the City of Fayetteville, AR and DEMX Architecture of Fayetteville, AR to provide design and construction administration services associated with renovation and/or replacement of existing restrooms in multiple parks including Finger Neighborhood Park, Wilson, Gulley, and Walker Community Parks, and Lake Fayetteville Regional Park for a total cost not to exceed $52,000, plus a $10,000 expense contingency, per RFQ #19-01, Selection #21. BACKGROUND: The city has several old restroom buildings of similar design built during the same general period (1960's - 1990's) that need renovation or replacement. Restrooms to be renovated include Gulley, Lake Fayetteville Softball, Veterans Park, Finger Park, and one restroom at Walker Park. Two restrooms are proposed for full demolition and reconstruction including Wilson and Walker Park adjacent to the basketball court. DISCUSSION: The City of Fayetteville from time to time requires professional engineering, design, and/or construction management services related to capital improvement projects. In this instance, DEMX Architecture was selected through an RFQ selection process (RFQ 19-01) to serve as the professional architectural consultant for plan preparation and construction administration for the renovation and/or replacement of seven restrooms located in five separate parks throughout the city. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funding for this project has been budgeted and is available in project #13001.1902 — Park Restroom Improvements. Attachments: SRF — Wilson Restroom DEMX Architecture DEMX Architecture Draft Contract AGREEMENT For PROFESSIONAL ARCHITECTURAL SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And DEMX ARCHITECTURE THIS AGREEMENT is made as of , 2019, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and DEMX ARCHITECTURE, INC (hereinafter called DEMX). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and DEMX in consideration of their mutual covenants agree as follows: DEMX shall serve as CITY OF FAYETTEVILLE's professional architectural consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of DEMX's services. All services shall be performed under the direction of a professional architect/engineer/landscape architect registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of DEMX. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of DEMX. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF DEMX 2.1 Perform professional services in connection with the Project, Restroom Renovations, which includes the renovation of five restrooms, and reconstruction of two restrooms, in multiple parks and as described in Attachment A, and as hereinafter stated. 2.1.1 The Scope of Services to be furnished by DEMX during the Project is included in the August 22, 2019 Proposal from DEMX, attached hereto as Attachment A, and made part of this Agreement. 2.2 DEMX shall coordinate their activities and services with the CITY OF FAYETTEVILLE. DEMX and CITY OF FAYETTEVILLE agree that DEMX has full responsibility for the architectural services. DeMX Proposed Contract 2.3 DEMX shall coordinate their activities and services with other Phase 1 improvements, primarily consisting of trail and cyclocross work. SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of DEMX. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist DEMX by placing at DEMX's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist DEMX in obtaining access to property reasonably necessary for DEMX to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by DEMX and render in writing decisions pertaining thereto. 3.1.5 The Park Planning Superintendent is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Park Planning Superintendent shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to DEMX in a timely manner. f.'IXOJI_ IX11r, M 9 WR [11PIDTON- NAMA11� 4.1 Time is of the essence in this agreement and this Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. DEMX will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. This project may bid in two phases. The schedule for this project is to have the work for both phases ready to bid by the city by the end of March 2020. SECTION 5 - PAYMENTS TO DEMX 5.1 The maximum not -to -exceed amount authorized for this Agreement is $52,000.00 plus approved expenses not to exceed $10,000.00. The CITY OF FAYETTEVILLE shall compensate DEMX based on the percent of work completed as described in Attachment A. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for DeMX Proposed Contract 2 professional services consistent with DEM -X's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by DEMX and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of DEMX's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise DEMX in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, DEMX shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by DEMX to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against DEMX or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, DEMX will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage DeMX Proposed Contract Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit Professional Liability Insurance $1,000,000 Each Claim DEMX will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and DEMX waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of DEMX's services. 6.2 Professional Responsibility 6.2.1 DEMX will exercise reasonable skill, care, and diligence in the performance of DEMX's services and will carry out its responsibilities in accordance with customarily accepted professional architectural practices. CITY OF FAYETTEVILLE will promptly report to DEMX any defects or suspected defects in DEMX's services of which CITY OF FAYETTEVILLE becomes aware, so that DEMX can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of DEMX. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by DEMX relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on DEMX's staff experience, qualifications, and judgment as a design professional. Since DEMX has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, DEMX does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by DEMX. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of DEMX's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of DEMX. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. DeMX Proposed Contract El 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that DEMX is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to DEMX at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of DEMX's default. 6.5.4 If termination for default is effected by DEMX, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to DEMX for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by DEMX relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, DEMX shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by DEMX in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of DEMX to fulfill contractual obligations, it is determined that DEMX had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of DEMX are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond DEMX's reasonable control, DEMX shall be entitled to additional compensation and time for reasonable costs incurred by DEMX in temporarily closing down or delaying the Project. DeMX Proposed Contract 6.7 Rights and Benefits 6.7.1 DEMX's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and DEMX which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or DEMX in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give DEMX written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and DEMX shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of DEMX and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to DEMX for services rendered by DEMX. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of DEMX's employees and the importance of DEMX's public relations, DEMX may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to DEMX's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to DEMX CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential DeMX Proposed Contract 31 information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of DEMX's activities pertaining to any such publication shall be for DEMX's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and DEMX from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. DEMX may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by DEMX as part of the Services shall become the property of CITY OF FAYETTEVILLE when DEMX has been compensated for all Services rendered, provided, however, that DEMX shall have the unrestricted right to their use. DEMX shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of DEMX. DEMX shall provide cad files of survey and layout work. The city shall hold DEMX harmless from any use of those cad files by the city for work not associated with DEMX. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. DEMX makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 DEMX's address: DEMX Architecture 104 N. East Ave. Fayetteville, AR 72701 6.14 Successor and Assigns DeMX Proposed Contract 6.14.1 CITY OF FAYETTEVILLE and DEMX each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor DEMX shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas within Washington County without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between DEMX and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to DEMX a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by DEMX, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of DEMX 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve DEMX of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 DEMX shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by DEMX's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE- furnished data. 7.1.3 DEMX's obligations under this clause are in addition to DEMX's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against DEMX for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and DEMX arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. DeMX Proposed Contract 7.3 Audit: Access to Records 7.3.1 DEMX shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. DEMX shall also maintain the financial information and data used by DEMX in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. DEMX will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub -agreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to sub -agreement performance, excluding any financial records of DEMX; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the sub -agreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 DEMX warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by DEMX for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. DeMX Proposed Contract 0 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that DEMX or any of DEMX's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to DEMX terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against DEMX as it could pursue in the event of a breach of the Agreement by DEMX As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs DEMX incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, DEMX will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and DEMX • by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS DEMX y : By Mayor, Lioneld Jordan Ti addox, AIA — Principa EMX Architecture ATTEST: y: Sondra E. Smith, City Clerk Title: END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES RFQ 19-01 Selection Restroom Renovations Project Draft 10 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0504 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 13 JACOBS ENGINEERING GROUP, INC.: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC., PURSUANT TO RFQ #19-01, IN AN AMOUNT NOT TO EXCEED $254,108.00.00 FOR BIOSOLIDS MASTER PLANNING SERVICES ASSOCIATED WITH THE CITY OF FAYETTEVILLE'S WASTEWATER TREATMENT OPTIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a professional engineering services agreement with Jacobs Engineering Group, Inc., pursuant to RFQ #19-01, in the amount not to exceed $254,108.00 for biosolids master planning services associated with the City of Fayetteville's wastewater treatment operations. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0504 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 8/19/2019 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of an Engineering Services Agreement with Jacobs Engineering Group, Inc. in the amount of $254,108.00 for biosolids master planning services associated with the City of Fayetteville's wastewater treatment operations. V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Budget Impact: 5400.730.5800-5314.00 Water and Sewer Account Number Fund 02017.1 Sanitary Sewer Rehabilitation Project Number Project Title Budgeted Item? Yes Current Budget $ 5,744,732.00 Funds Obligated $ 2,205,123.00 Current Balance $ 3,539,609.00 Does item have a cost? Yes Item Cost $ 254,108.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget 3,285,501.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director FROM: Corey Granderson, Utilities Engineer CITY COUNCIL MEMO DATE: August 19, 2019 SUBJECT: Engineering Services Agreement with Jacobs Engineering Group, Inc. for Biosolids Master Planning Associated with Wastewater Treatment Operations RECOMMENDATION: Staff recommends approval of an Engineering Services Agreement with Jacobs Engineering Group, Inc. in the amount of $254,108.00 for biosolids master planning services associated with the City of Fayetteville's wastewater treatment operations. BACKGROUND: Currently undigested sludge from both the West Side Wastewater Treatment Plant (WWTP) and the Noland WWTP are dewatered with belt filter presses and the cake is hauled to the Biosolids Management Site (BMS) on the City owned farm (670 acres) across river from the Noland Plant. The BMS includes 6 Parkson Solar dryers (2011) and one Fenton batch indirect dryer (2012) that is powered by natural gas. The dried product is a Class A biosolids product which is sold to 25-30 farmers for $20/ton. In 2017, the BMS processed roughly 3,200 tons of product. The solar drying system and the batch drying system are operating near capacity and periodically, these systems are unable to process all solids produced by the two WWTPs resulting in unclassified solids being hauled over 110 miles away for landfill disposal. DISCUSSION: Because of increasing solids production, the City's interest in energy optimization (Energy Action Plan), and the need to provide a more dependable and sustainable solids management system, a solids management plan is needed to identify management options consistent with achieving these goals. The steps to develop a solids management plan for the City includes the following activities. 1. Assessment of Existing Conditions 2. Evaluation Criteria Development and Identification of Appropriate Technology 3. Plant Simulation Evaluations 4. Cost Evaluations 5. Implementation Planning Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 On May 7, 2019, Jacobs Engineering was formally selected per RFQ #19-01, Selection #6 to provide engineering planning services associated with this study. The not -to exceed fee associated with each task and the overall level of effort is $254,108.00. BUDGET/STAFF IMPACT: Funds are available in the Sanitary Sewer Rehabilitation account. Attachments: Engineering Services Agreement Appendix A — Scope of Services; Fees AGREEMENT' For PROFESSIONAL ENUINEEKINU SERVICES Between UI FY UI~ 1'AYE1 IEVILLE, AKKAN SAS And JAUUBS ENUINEEKINU UKUUY INC. 117115 AGt,,hLMENT is made a5 of '2019, by and between City of Fayetteville, Arkansas; acting by and tn,ougn its Mayor (he.ei..afte. Called CITY OF FAYETTEVILLE) and Jacobs Engineering Group Inc. (hereinafter called ENGINEER). 1:11 Y OF FAYETTEVILLE f.om time to time requires professional engineering services in connection with the evaluation, design, and/or construction supe.vibion of Capital in.y.ovemcia ►,.ojects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants ag.ee as tollow3: ENGINEER shall serve as CI 1 Y Or P A Y t l ItVILLtz p. ofessivual consultant in those assignments to which this Agreement applies and shall give consultation and aHvice to Ci i Y UP rA Y r,1 TEVILLE du.;..g the performance of ENGINEER's services. All services shall be performed under the direction of a p.ote3siona► enginee..eg;zac,ed it. the State of Arkansas and qualified in the particular field. SECTION 1- AUTHORIZATION OF SERVICES 1.1 Services o., any a.33ignu.e.tt -.hall be u..dertake., ot.ly uYo.. written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINttK. 1.3 Changes, modifications or amendments in scope, price or tees to tniZ. Co..t.aethall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the Cnange it. 3rope, Co3t3, fee3, o, delive.y achedule. SECTION 2 - BASIC SERVICES OF ENGINEER L.1 Pe.fo....1,.ofessional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be fu...isne8 by bNG1NbClc du.i..g the Roject is included in Appendix A attached hereto and made part of this Agreement. 1.2 rNGINEER hall eoo.di..ate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEV1LLt ag.ec that tNG1NEER ha3 full .esponsibiliv for the engineering services. Jacobs. Biosolids Master Plan- Professional Engineering Services 190606 doc SEC f iOly 3 - RESrONSI«sILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable Time, so as not to delay the act vicea of ENGINEER. 3.1.1 t-mvide full i„fo,LL,atb„ as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previuua irporta and any othe, data,clative the,mo. 3.1.3 Aaai3T tNGINttK i„ obtai„i„g access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, coat opiLLioLLa. N,uI,oaala, mid othe, doc"„eLLta p,eae„ted by tNGINttK a„a render in writing decisions pertaining thereto. 3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed unde, Chia Arpecu,eta. The UT,Iit;e� u„ecto, ahall have complete authority to t,a„a,LLit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other mattes Nen;,icit to the actvicea cove,ed by Thw Arpeeu,eut. .1.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PEtcIOv Or SEkcviCh 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The N,ov;aio„a of Th;a Ag,eeu,cnt have oceu ag,eed to it, anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed With providing the authorized services immediately 'POLL ,eee;t,t of "1111e„ a'Thth;f-atlo„ fmin CITY OF FAYETTEvtLLt. said autno,ii-atio„ shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION o - rAYNILLIy 1S lu LiNiGiiNLER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $254,108.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER baacd o„ a Not to Enceed ba5i3 a5 deae,ibed it, Appe„d;n A. 5.2 Statements 5.2.1 Monthly statements for each Cale„da, ,LLo„ th shall be aubmitted to Ci l Y Or YA Y t 1 1 t V 1LLt o, such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. OLLce established, the b.11*„s schedule shall be u,a,,,tau,ed th,vughout the du,ation of the Project. 1acub3._$inolid3 Master Plan- PrFessional Engi.m.ng Service3 190606 doc 7 Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall uc aCCOu,pau2a each ,,,o„th by the updated p,ajeCt oChedulc a5 the bas;a fv, , the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory Co,uplet;o„ of the otudy and ,eport fo, the rmjeut. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thiny (30) days. If a portion of LNG1NttK,D itaTeu,ent iD diDputtA by C11 Y Or tAYETTEVILLE, the u„d;imputed portio„ shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. C11 Y O -r rAYLl lLVILLI, will wake ,emonable effar to pay ;,,vo;M W;th;,, 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment x.4.1 upo„ 3at;3factoiy Cou,pletim, of the Wo,k pe,fo,u,ed u„ de, ih;5 As,ca„e„ t, as a condition before final payment under this Agreement; or as a terminat;o„ settle,,,er,t u„de, tn;s Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all Cla;,uz agai,,.,t CITY OF FAYETTEVILLE a,;.;,,g under or by virtue of this Agreement, except claims which are specifically exempted by t:NG1Ntt,K to ue 3et farm the,e;,,. u„les� Otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the par;e5 to th;a As,ee,,,e„ t, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of Cl I Y UP t'A Y t l l G V 1LLt,'a Cla;,,,3 against ENGINEER or his sureties under this Agreement or applicable performance and pay u,e„ t bo„ da, ;f a„y . SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 Du„ur=, the Coa,3e of pe,fo,u,a„ee of the3e 3e,v;Cea, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and r,operry iJa,,,are Automobile Liability: bodily injury and Property Damage Jacobs_Bionalids Maser Plan- Professional Engma,i„g Serv,ce5 190606 doe Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,UUU Cvu,bu,cd Su,glcc Luu,t Professional Liability Insurance $1,000,000 agg.crate r,NGiNEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreeme,a a«d uNo„ each eiiewal of coverage. 6.1.2 C1 Y UP PAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insuia,lce dulilir, and after the completion of ENGINEER'., ac, vicea. 6.2 t Lcfe,,aio,,al Ke�)pousibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in accordance with standard of care recognized for professionals Ye,fc<«,i«r, the Sauk Ui Diiuila, 3elvice5 iu the peiroimance of ENGINEER'a nci vice.) aui3 will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER a,�y defects or Suspected defects in ENGINEER'., tee, vicc5 of which C11 Y ur PAY G 1 I r,v ILLt, becomes aware, so that LNUINCtK Cau taKc «ieaau►es to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER or ENGINEER'S failure to exei%iac lea5o«able kill; case, and diligence iu peirorming comiactual aciv;ce3. JAC01:55 uiaKeb «o warranty, expressed or implied, beyond its professional ie5po,,sibilities as set forth in this subsection. 6.3 COSI ONuuvua and rioJectiouz, S.s.l Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equiFiu'ciit chat uric, ai;c3 acid peifouuaucu- aua oNciatiu, IC31.1113 are based ou bNGINbtSK's experience; qualifications, and judgment as a Resign professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, counnuetiv�i Corliiact'via7 N1oCcdule3 aua meiho&, Lmavuidablc dclay3, euu5tiuctiuu Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER due. ..vi guaiauiee that z[Ctual iate5; co5t5, pe,foiniance, 3chedule5; and ielatea hews will ,ot vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 C11 Y Or t'AYt:I I tVILLt', snarl have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only afte, Fayetteville City Cou,icil uppiuval of such pupoaed chauge5 and, upon execution of a mutually aCCeptat)IC amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination s.�.l I nis Agreement may be terminated in whole or in part in writing by either parry in the event of substantial failure by the other parry to fulfill its obligations u.,de. this Ariccineia thiough Jacobs_Biosolids Maser Plan- Professional Engineering Services 190606 duc 4 ..o fault of the terminating parry, provided that no termination may be effected unless the other party in, givc.u: 6.5.1.1 Not less than ten (10) calendar days writte„ „otice (delivered by eertifed ...ail, return receipt requested) of intent to terminate, 6.5.1.2 An Upportu«ity fo, eo„auhaTivin with the terminating parry prior to termination. 6.5.2 This Agreement may be terminated in Whole a, i„ part i., w,:t:..g by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 NUT le33 Tha« mi, (10) eale.,dar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 if mmii„atio„ fu, default i., effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Ag,een,ent Shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed se, viten o, othe, wi„k= b.J.J.2 Any paymcc..t due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY Or 1'AYt1 1 tv1LLt beeauze of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER; or it te,,,,i„atio„ fo, co„ve„:enee is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services o, otne, wo,k pe,fo,n,ed. The eyu:table adjustment for any termination shall provide for payment to ENGINEER for services rendered a„ d e..penne3 i„cu„ed p,:o, in the Tc..n:nat:o.., in addition to termination seulement costs reasonably incurred by ENGINEER relating to con,n,it,ne„Tn which had becu...e f.... pr:or to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 o, 5.J-.2 above; tNGINEER hall: 6.5.5.1 Promptly discontinue all affected wo,k (unle33 the ,utice d:.cet., otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLt an data, d,aw:„ga, �pecifeat.o..z, .eepuurta, estimates, summaries and such other information and materials as may have been accumulated by tNCiiNttK i„ pe,fu....:,.g th:s Agreement, whether completed or in process. S.o.S upo„ te.uuuat.vu wide, Pa.as.aphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may awa,d anothu, parry a„ ag,e'cn.e..t to complete the work under this Agreement. 6.5.7 11, afte, te,n,i„atim, fo, failum of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed To fulfill co„ Tactual ubl:r�ation., the termination Shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. 1n nueh jacoos mosolids Maser Plan- Professional Engineering Serviceb 190606.doc 5 event, a8just,nent3 of the ag,ee,,,e„t p,ice shall be made a3 p,ev;ded ;. ra,ag..ph 6.5.4 of this clause. 6.6 Delays 5.5.1 11, the event the ae, vicea of LNGINEER erne 3u3t,e„ded o, delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, tNG1NttK shall be entitled to additional compensation and time for reasonable costs incurred by tNV1NttK u, ten,pv,au;ly eloa;„6 doom, o, delay;,,g the P.oject. 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF r A Y t l 1 1; V 1LLb and not fo, the benefit of any oche, Ne, sons or entit;es. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between C1 t Y Or VA Y b 1 1 r,V1LLE a„d ENGINEER which ar;se f,om, or in any way are related to, this Agreement; including; but not limited to the i„ terp,etatiu„ of tnis Ag,ee,nent; the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER u, the YC,fou,an= ufth;3 Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No actio„ may be filed a11Ic3a the partiC3 f„st ,er'vT;aTcc. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these t„ocedures, such action shall be stayed, upon application by either pally to a court of proper jurisdiction; until the procedu,es in ra,ag,aph3 5.3-1 a,,d 6.3.4 have been complied With. 6.8.3 Notice of D;3t,utc 6.8.3.1 For disputes arising prior to the making of twat payme,it piumpuy after the ocCu„ence of any incident, action, or failure to act upon which a claim is based, the party seeking relief aliall ae,ve the vthe, party with a wiaTri, Notice. 6.8.3.2 For disputes arising within one year afte, the waking of final payment. C1 t Y OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in ra,ag,aph 6.14 within th;rry (30) day afte, occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the natuie and amount of relief sought, the reason relief should be granted, and the appropriate t,ort;ona of th;a Arice,ne„ t that autho„,.e the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the r,oject Manage,.' fo, x;11 Y Or FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the d;3pute cannot be ,e.olyed at that level, the,, uEo„ w„rten request of either side, the matter shall be referred to the President of ENGINEER a„ a the Mayo, of Ci i Y Or FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other IoCativu a3 ;3 ag,eed upon with;, .sou day3 of the w„ ttc„ ,c4ueat to ,eaolve the dispute. Jacobs_Biosolids Ma3tcr Plc.,- PrV*331onal E,,rin�z:ring Servi=5 190606 doc 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means or obta;,r;rrg fundi tu remit payrneni: to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the pan of tNV1NLLK-3 employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, sucn aui technical paper; aur ;ilea fur periodicals, and press releases, penaining to ENGINEER's services for the Project. Such publications win be provided to C11Y OF rA Y LTTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLt bhall review aueh draft prorrrptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY Or rAYtl 1tV1LLt may ,ctjuue deletion, of proprietary data or confidential information from such publications, but otherwise CITY OF FAYt11tv1LLt will nvt u,uea:sm,ably withhold approval. The cost of ENGINEER's activities pertaining to any such publication, snail be for tNG1NEER'3 aCCUurrt. 6.11 Indemnificat;o„ 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all Corr�truet;v„ CvutraetorS to ;,rderr„tify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against airy acrd all lu33 Where luaa ;a caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or Omer aet;orrable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownersn;p of uoeuureiat 6.12.1 All documents provided by CITY OF FA Y t 1 1 t V 1LLt ;rrelt.,d;,,g o„r,;,,al drawings, CAD drawings, estimates, field notes, and project data are and remain the property of Cl 1 Y Or r A Y t i 1 t v 1LLt. ENGINEER ,r,ay retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electro,,ic media p,epared by ENGINEER a., part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINttx nan bee„ eornpe„aated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEtx hall; however, rata;,, its iirhta ;t, its standard drawings details, specifications, databases, computer software, and other proprietary prepeny. K;ght3 to i,aelleetual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINttK. 6.12.3 Any files delivered in electronic medium may not worK ori zy31Cm.J and Duftwa,e different That, tho.e with which they were originally produced. ENGINEER makes no warranty as to the compatib;iity of these flea with auy other system or software. Because of the potential degradation of electronic medium over time; in the evert of a eoufl;et between the sealed o,;6;nal d,aw;ngs/hard copies and the electronic files, the sealed drawings/hard copies will govern. Jacobs_Biowlids Master Plan- Professional Engineering Ser vies 190606.doc 6.13 Notices 5.1 s.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate pawat the following addresses: CITY OF FAYETTEVILLE's addreaa: 113 west Mountain Street Fayetteville, Arkansas 72701 tNG1NttK's address: 401 S Boston Ave. Suite 330 1 ulna_ UK 741 US 6.14 Successor and Assigns 6.14.1 CI IT Gr PAYtl 1tv1LLt and tN(j-iNttK eacn binds himself and his successors_ executors, administrators, and assigns to the other parry of this Agreement and to the successors, executors, administrators, and assigns of such other parry, i„ resFem to all eovenanta Of thin Agreerrrent; e,.eept a5 at)uve, ne;tner CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Co.rt.ollirr� La,,, 5. 15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entuc A6reenrent 5. 16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in pnichaae ordc,a do not generally apply to p,ofezoiOuai aeivicea, in the event C11 Y Or FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase Oder dueurnerrt_ Whether Or not 3,Sned by tNGINttK. ahall be eunaidemd a5 a aOCument for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Keaponaibilitiea Ot tNGINttK 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furniahed hereunder shall nm in any Way relieve tNGiNttK of rvaponsioitity for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a Waiver of any riShta under this Agreement Or Of any cauac of aetivrr arising out of the performance of this Agreement. lacobs_Biosolids Master Plan- rrofessional engineering aervices i y006 doc g 7.1.2 ENGINEER shall be and shall remain liable, in accordance with this Agreement and applicable law, fol all da,nageb to 1;11 Y Or rA Y t I It V 1LLb Cau3ed by tNl..i1Ntt,K'b negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF rA Y t,1 1 t V 1LLt) yr l-:1 1 Y Vr rA Y t l 1 b V 1LLt-fuuuahed data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other ;,hta that Cl l Y Or rAYETTEVILLE ..ray have ara;,,at bNG1NLLK for faulty r,rate,;ala, equipment, or work. 7.2 Remedies 7.2.1 E,.cept as may be uthe,w;.,e povided ;,, th;s As,ee,rre,rt, all cla;rr,3, courae,-cla;,,rs, d;apura and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of eo,r,Nete„t�u,;ad;ct;v„ with;,. A,ka„aa3. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to Ye,for,,,arree or, wo,k ur,de, this As,ecr,rerrt ;rr accurdar,ce with gcr,crally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost sub,,,;ss;on requ;,ed for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy or the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized represemat;ves shall have access to all such books, rccmda- docu,,,e„t5 and other evidence for the purpose or inspection, audit a,rd copy;,,g Our i,rg „or al business hours. t,NG1Nt,tK will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be ,.,a;„ to;r,ed acrd made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy a,;3;„g out of such Yeifo,r,rar,ce, or to Cobra or ;tesla to which air audit encept,o„ has beer, taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 Th;. ,;ght ofacceaa clause (with ,eapem to frra,n;al rccmda) appl;ea to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the Y,;ce ofar,y frimadly advert,aed, competitively awa,dcd, feed pace ag,eeurer,t: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a p,;rrre agreerrrent, luwe, tie, zubagreerrrent u, pu,cha5e older awa,ded after effective price competition, except: 1acobs_Biubollds Maser Plan- Professional Engineering Services 190606 doc 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial ,eco,d. of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, g,onn aouzoC or Miupt plaCliM n,ay be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. /A COvC,rart Agairwt Coutirgent Fees 7.4.1 ENGINEER warrants that no pe,bon o, .3elli„g areucy has beer a„Yloyed or retained to solicit or secure this Agreement upon an agreement of understan3ing fbi a cvrnn,isaivn, peicciaase, brokerage or continent fee, excepting bona fide employees or bona fide established commercial o, belling agcnCie3 ruau,tained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FA Y t✓ t l h v 1LLt shall have the risht to annul this Agreement without liability or at its discretion, to deduct from the contract price or conside,ation, o, otnc,w,ne recave,, the full =ou„t of such commission, percentage, brokerage, or contingent fee. /.J lllatuiLiCa 7.5.1 If CITY OF P A Y h 1 11; V 1LI-t finch afte, a umice a,rd hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the four, %if riaerTair,mem, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLt. i11 all aMi,rpt To 3CCL11e an asrecn.e.a or favorable treatment in awarding, amending or making any determinations related to the pe,ro,n,ance of Thi.) As,ceiiizia, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. Cl 1 Y OF FA Y h l 1 b V 1LL11 may alio Nu, sue othc, r ishis and remedies that the law or this Agreement provides. However, the existence or the fact gill which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings unde, the Kemedie3 Clau3e of ihia As,eeu,CuL. 7.5.2 In the event this Agreement is terminated as proviM ir, rarag,aph /.J.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue i„ the event of a bieacn of the Ag,een,ent by tNGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY Or t'A Y )11 1 b V 1LLC, may Yu,Sue e,xe„r1,livy damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less tna„ th,ee no, more than Te„ times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. /.b A,kanzas Ficcedor, of Information Act 7.6.1 City contracts and docuwenta, including ;„tonal docu,nc„ is and documents of subcontractors and sub -consultants, prepared while performing City contactual wo,k ale 3ubjerf To the A,kairaas F,eedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the C11 Y Or t Y t 1 1 L V 11-1-b, tNGINEER will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Ar Kansas rreedu,,, of lr,fo,n,atim, Act (A.C.A. §25-19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. .racobs_Biosolyds Maaer Plan- Professional Eugiuening Services 190606 doc 10 7.7 LIMITATION OF LIABILITY. 7.7.1 Noiwithataudurg auy other Prov;aiu,, of thin Arreerrrerrt, neither ,arty ,hall have liability to the other for contingent, consequential or other indirect damages including, without limitation, damages for loss of use, revenue or profit; operating costs and facility downtime; or other 3uuilar busurCs3 miciruFiwri In33e3, however the 3aure may be caused. Thi limitations and exclusions of liability set forth in this Article shall apply regardless of the fault, breach of contract, tort (including negligence), strict liability or otherwise of either party or their respeci;ve employees, or 3ubcmLaultarrt3. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and Jacobs Engineering Group Inc., by its authorized officer have made and executed this Agreement as of the day aua year ti,st above written. CITY OF FAYETTEVILLE, ARKANSAS JACOBS ENGINEERING GROUP INC. By: Bv: Robert Frear Mayor; Limield JUMau PKIN ILL) NAME & It ILL UP PLKSUN SIGNING ATTEST: By: Title: Manager of Projects City Clerk END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Jacob._Biosolids Master Pla, - Profe331urral Engineering Services 190606 due Appendix A — Biusulids Maastar Plan Stupe of SGrvl,�Ga 1. Pruject Dasuriptiun The City of Fayetteville currently hauls dewatered sludge from the West Side Waste Water Treatment Plant (WWTP) and the Noland WWTP to a Biosolids Management Site (1 Rls) an a City owned Tarm. I Pia sludge is di iea at tae BMS and roagnly 3,zu0 tons per year of Class A biosolids are sold to local farmers for $zu per ton. The dryers at the BMS are operating near capacity and sometimes sludge from the WWTPs must be hauled to a landfill. Two goals listed in the Citys Energy Action Plan are to install rc,iewa5ie energy van�,ation tecnnologies at the vvvv I PS to otroet tae Riga cost OT aiectriciry and to reduce greenhouse gas emissions 40% by the year zu30. A biosolids master plan is needed to identify solutions for the increasing solids production, energy optimization, and to improve the dependability and sustainability of the City's solids management system for the future. Jacobs' Biosolids Master Plan will provide the City a coarse level assessment and compa, alive analysis OT alternatives Tor decis;on-making. The biosolids master plan will be the basis for subsequent phases to provide detailed analysis, costing alternatives, and firm budgetary estimates. The biosolids master plan will be developed through a series of meetings, workshops, and technical memorandums (TMs). The tasks to complete the Biosolids Master Plan Project include: I. Assessment OT eniatiny conditions II. Evaluation criteria development and identification of appropriate technology solutions III. Plant simulation evaluations IV. Cost evaluations V. Implementation planning These tasks are described in detail in the following sections. A TM will be completed during each task, and each the TMs listed below will become a chapter in tae overall I-inal Master Plan delivered with the completion OT tME Tlnal taSR. I. TM 1 — Planning Criteria Memo II. TM 2 — Results of Modeling and Short List Alternatives Ill. I IVI 3 — t;ost Evaluations and Alien,ative Analysis IV. TM 4 — Phasing and Implementation City staff and WWTP operations will play an integral role throughout tRe aevelopmei it OT tae Sio5olia5 Master Plan Report. Jaco6a ib relying on tneir attendance and participation during portions of the site visits and all workshops. The project schedule is built on Jacobs' execution and timely input and responses from key City staff. 1.1 Task 1: Assessment of Existing Conditions This task includes an evaluation of all solids handling processes at both WWTPs to determine performance, capacities and conditions of existing equipment at the solids thickening, pumping, dewatering and drying facilities. Monthly operations reports, applied By Pla it upmatioFia, will provide tRe majority OT reyaired Bata. Eatimate5 UT fature quantities of solids production will be made to determine appropriate sizing of solids management equipment in the near term (next 5 years) and into the future (20 years). This analysis will be used to develop appropriate sizing criteria for all solids handling system components such that any deficits in capacity needs and the timing of equipment apgrades to eliminate those deficits will be identitled Tor Tature play ininu taaRa. Jacobs has been informed by the City that 5iosolias treatment systems after dewatering cannot be performed at the West Side plant due to promises made when the West Side plant was sited and built in 2008. Therefore, the focus of capacity and options analysis will be on those systems available at the Noland plant and the BMS facilities. AppcndiA A - Fayettcvllle Bio5olid5 Master Plan Scope of Serviceu 19061ldoz;,. J/�COBS 1.1.1 Task 1 Deliverables Bioaolida Mater Plan Scope of Servicub • Project Kick-off and site visit and evaluation or eAi,1rng bolids handling facilities Planned for four (4) Jacobs employees to attend site vis;t: Proem Manager, Senior Technical Consultant, Project Engineer, and Technician C. Duration i� eApected to be five (5) days • Dratt and renal i M 1 summarizing: Estimated solids production over next 5-zu year, rrom both West Side and Noland WWTPs Establish equipment sizing criteria for solids handling facilities Solids handling capacity analysis of Noland WWTP systems and BMS facilities • Conrerence call with City of Fayetteville Staff to review TM 1 findings 1.z Ta5k z: Evaluation Criteria Development and Identification of Appropriate Tecfinology Solutions Criteria used in previous City planning exercises will be used to aevelup appropriate evaiaation criteria for comparing potential solids management alternatives. These criteria will be defined in Workshop #1 with City StaRaMalde„ and tRe relative importance of these criteria determined for use in future non -monetary scoring of various alternatives. In Workshop #z; a wide ray age or 6iosolids management options as compared to the status quo will be identified for consideration by the stakeholder Team. i nese potential technology solutions will be defined in a collaborative process to identify those options that should be cunai'aered ruPfner. i Re evaluation criteria previously defined will then be applied against the remaining potential technology solutions aimed at meeting Lrity goals. t-ar example, since energy reduction is a substantial goal, biosolids management options which have potential to recover energy woniaa yore mars ravorably. The ability of a solution to manage not only WWTP solids, but other suitable wastes (such as fats, oils and grease (FOG) or clean source -separated food wastes) will be considered to allow future waste management synergies between Me amity and tPio,e Ur otMer local institutions such as the University of Arkansas. Identification of options that utilize or re -purpose existing assets to acnieve de,ired goat, will be considered. At the conclusion of this criteria development and technology options identification. a list or tip to o1A (6) potentially viable alternatives will be developed for further evaluation. 1.2.1 Task 2 Deliverables • DeilveFyy or vvor!Z Map # i and meeting summary Planned for four (4) Jacobs employees to attend worRbMap: R oject Manager, Senior Technical Consultant, Project Engineer. and Technician Workshop duration is expected to be one (1) day • Delivery of Workshop # 2 and meeting summary Planned for four (4) Jacobs employees to attend workshop: Project Manager, Senior l e�Pinical uonsaltant, Project Engineer, and Technician Workshop duration is expected to De one (1) day • Memo summari,.ing tip to siA (6) potential alternatives for further evaluation Appendix A - Fayatte� lla Biosolids Matter Plan Scope of SCrviFez, 190613.durx Bivsolias Maatur Plum Suopu of Service J ,ACOBS. 1.3 1 85K 3: Plant Simulation Evaluations The existing whole plant simulation models for the West Side and Noland WWTPs will be updated and modified to analyze and evaluate the alternatives identified in Task 2 to determine overall impacts on process performance, energy recovery and use of existing assets (tankages and equipment). Outputs of the aimalationa will include overall eriervy balancea, vreeriPiaaSa yaa em6aiolria, and pioceaa performance compared to status quo. The outputs of this modeling exercise will be presented in a third workshop and used to define a short list of 3 alternatives for further investigation and refinement. 1.3.1 Task 3 Deliverables • Whole plant simulation model development of the alternatives identified in task 2. • Workshop # 3 to present results of modeling o Planned for four (4) Jacobs employee to attend vvo, RsRop: Project Manager, senior Technical Consultant: Project Engineer, and Technician Workshop duration is expected to be one (1) day • Draft and Final TM 2 summarizing results of modeling and suggest short list of up to 3 alternatives for further investigation 1.4 Task 4: Cost Evaluativns The simulation models will form the basis for conducting capital, O&M and life -cycle cost analysis of the remaining short-listed alternatives identified in Task 3. Comparative cost evaluations will be developed to include vendor ya01e5 Tor larva eyaipment and coat isaiimaLnu data Trom Jacobs project experience. Jacobs cost estimating tools will be used to compare capital. O&M and life -cycle costs for each alternative. These costs will then be considered alongside the non -monetary evaluation criteria identified in Task 2 to develop a cost -benefit analysis. A fourth interactive workshop will be held with City ataReRoldera To rally vat tMe alternatives and Select tMe dcat dloSoii-aa , i iariagamem solutions for the City. 1.4.1 Task 4 Deliverables • Cost analysis of the short-listed alternatives identified in task 3. • vvorRad'vp # 4 to precoam resalts vT Mat analyala Planned for four (4) Jacobs employees to attend workshop: Project Manager, Senior Technical Consultant, Project Engineer, and Technician (if required) Workshop duration is expected to be one (1) day • Draft and Final TM 3 summarizing results of cost evaluations and alternatives analysis 1.5 TasR 5: Implementation Planning Implementation of selected alternative(s) will be further defined in terms of phasing, scheduling and budget planning to ensure the design and building of appropriate technology solutions with the right capacity will be developed at the right time to meet tMe Lity"a near-term and long-term needs. 1.5.1 i aoR 5 DeliveraBlea • Draft and Finai i 1014 summarit-ing pRasing and implementation plan Appondln A - Fayetteville Biosollda Master Plan Scope ot 5ery ce3 190611docx BS• Biozoli& Ma.tel Plan Scope rf 5ervicea • Draft and Final Master Plan Report • Meeting to discuss next steps and deliver Final Master Plan Report including all TM's. Plans je8 Tor two (z) Jacobs employees to attend workshop: Project Manager and Senior Technical Consultant Meeting duration is expected to be one (1) day Jacobs will prepare PowerPoint slides with an executive summary on the findings and recommentlatim m OT tMe Final Flatter Plan Report for presentation to the Water, Sewer, and Solid Waste Committee. Jacobs' Project Manager and Senior Technical Consultant will attend the Water, Sewer, and Solid Waste Committee meeting, assuming it is scheduled the same day as the final meeting. 1.6 Project Management P, oject coordination an8 management will take place through a combination of status reporting and regular phone and e-mail communications „vitM Key project personnel. I Re project team will review project management protocols as described in the Project Management Plan (PMP), discuss deliverables an'a the project schedule, and address project concerns throughout the project duration. Jacobs will be raSponzi6le Tor ouBmitting invoiFes and accompanying status reports. One kick-off meeting will be conducted prior to Me Staff UT I aSK 1. 1 Mis meeting will include key personnel from both the Jacobs team and City staff and will review project scope and communication plans and identify a tentative schedule of activities. 1.6.1 Deliveraoleo • Project Management Plan (PMP) — including defined client and Jacobs project organization, communication, project cost control prace'aurea, 8ocument ConLol, engineering health and safety considerations, change management, and other project management requirements • Project schedule • Monthly or milestone reports 1.6.2 Schedule The attached preliminary schedule, Enclosure 1 to Appendix A, provides dates from notice to proceed through the final report. 1.6.3 Compensation Compensation shall be on a Not to Exceed basis, and the total project compensation will not exceed $254,108 without written authorization from the Client Project Manager. Refer to Enclosure 2 to Appendix A for a detailed man-hour and cost breakdown. An organizational chart for Jacobs employees working on the project is provided in Enclosure 3 to this Appendix. Appendix A - Fayetteville Biuzolidb Master Plan Scope of Servirez, 190613.doux BIOSOUDS MASTER PLAN PREUMINARY SCHEDULE ..pperldix.. Enclosure 1 tD task Name Do -.slim �St.n Fivr_h jPrede—r �41Oct Nov.... p I �N� 0,I Mn I reh 1 Blasolids Master Plan 242 daps FPI 7/5/19 Men 7/6/20 2 Agenda Items due for Water, Sewer, and Solid 0 da7S FPI 7/5/19 Fr: 7/5/19 ♦ 7,5 W-te Committee Meeti..g 3 Fayetteville Water, Sewer, and Solid Waste 0 days Tue 7/9/19 Tee 7/9/19 ♦ Tn C....mitte. Meting City Council Meeting adays Tue 9/3/19 Tue 9/3/19 ♦ es. 3 Process Engineer Contract Rotice to Proceed 15 days 0 days Tue 9/3/19 Man 9/23/19 4 Mon 9/23/19 Mon 9/23/19 5 ♦ 9/23 7 Task.: —ssmmr 0f Cussing eondulons 20 days Fri 10/11/19 Fri 11/8/19 f-1 8 F—iliry Size V:ak and Evaleatl.m 9 days Fri 10/11/19 Fri 10/18/19 6FS•13 days 9 Fast— Solid. Proclat ion E.im.te 5 days Mon :e/:,/ lFri :e/.5/:! a ■ 10 D.eelep Sin..g Ceteda 5 d.ys Men 10/21/19Fr110/25/19 8 IN 11 D.eelep DFeft TM 1 5 days Mo.. 30/28/1SFri 11/1/19 9,10 ■ 12 De- I.p Fin_I TM 1 Task 2: Evaluatl_n CPitecla D.eele,ment 5 d_ys 34 days Mea 11/4/19 Fri 11/8/19 11 Tee 11/12/19 The 1/16/20 ■ 13 14 Development of Evaluation Criteria 5 da -,s Tee 11/12/19 Men 11/18/1512 -.3 Identification of Appropriate Technology Solut5 WarlShop 1 and 2 Preparation days 4 days Tue 11/12/19 Mon 11/18/1912 Tue 11/19/19 Fri 11/22/19 15 ti ■ to -- Workshop 1 1 day Tue 3u3/19 Tue 12/3/19 16FS.1 day I 18 —..rksh.p2 1day Wed lu18/1!Wed 12r1B/1!17F5.10 days I 19 C.n.id.rad.. of Repurposing Exisin-, —,.is Develop mama, ande:n of sia options 5 days 5 days Tho 12/19/19 Toe 1/7/20 18 Wed :/a/:o To. 20 21 Final;.. --node„—. 2d.y3 Wad 1/15/20 The:/:6/.0 .e 1 22 T_sk 3: Plant 51 -elation. E::Ie.tlan: Medife.tien...d .plot. of PR02D 33 days 5 days Fri 1/17/20 The 3/5/20 Fri 1/17/20 Fri 1/24/20 21 t-1 23 24 PR02D Update_ 6P G.phi_ O.q_te Modeling of Six Options and Roegh Costing 5 Bay: 30 da;s Fri 1/17/20 Fri 1/24/20 21 Mee 1/27/20 Fri 2///20 24,23 25 26 Workshop 3 Preparation 2 days Men 2/10/20 Tee 2/11/20 25 1 2. Workshop 3 1 day Thu 2/20/20 The 2/20/20 26FSt5 d.;: 1 Develop Draft TM 2 5 days Fri 2/21/20 Thu 2/27/20 27 r .! Develop aminal TM 2 5 days Fri 2/28/20 Thu 3/5/20 28 I■ ...k.: cosi cv.lo.:i.ns 44 days r pizal, c,&RI, and We eycl, c— of Three db 2e Days Fri 3/6x20 Wed S/6T20-1 Fri 3/6/20 Th. .000 29 ri 3/0/20 .T. ./2/20 29 lit_ ttttt� 31 32 Cost.benefit Outputs Worksh.p 4 Prepara;i.n 5day, FriTh. ./9/:. 3. I■ 33 T -k R.,=. Sarva., r------ 1 Maawl T.rk m� Sen enIy I 10e.4ln. a ■ A �^Q�' S,.lil hawiv. T..k wwi.....FY ♦inch..nly 1 Falls— Rs— I—.M.1—ea. anganes—an'ndl_r I—. M.1—ea. R,..n.l:.0; sommoommom at.—I Mug—' Su,ePerr ^ been. Su—" esnwl S.—' f-----1 —.1 ei.er:ane 1 BIOSOLIDS MASTER PLAN PRELIMINARY SCHEDULE Appe .dia A Cld.-. D.rti.n St.n Fi.i:h Pnd.c.ssors 2020 r H.F,bm J.1 orkzhap 4 2 doy: T=e 4/14/20 W.d 4/15/20 33FS.2 days 35 D—I.p Dnf: TM 3 10 d.p! Th. 4/16/20 Wed 4/29/20 34 36 De:elap Fi-I TM 3 5 d.;: Th. 4/30/20 Wed 5/6/20 35 37 T-k S: Pl--Img C..slderatl.w: 42 days Thus/7/20 Mon 7/6/20 r� 38 De:d.p Pha_ing a..d Sehedelho Plan 15 days Thu SnRD Thu 5/28720 36 39 Plep:w. Oldit TM 4 and Master Plan Report 10 days Fri 5,29/20 Thu 6/11/20 au 40 Pw�am Final TM 4 and Master Plan Report 5 days Fri 6/12/20 Th. o/:e/moo �9 41 Final Meeting l day Mon 7/./gin Man 7/6/20 40FSn11 d:y, t �� Ma�lTalk lom..ly f R-aline w/� �c J/i�.o�7 :Pli: wwrv=i.:t Ourti..-my rinimunN ogre» IEli,n:e.a ♦ Iwe:�e M11-- W4 sI 5.1 E.—I 7.06 ;am....ry r" — — — — — - Ea: 1l0li-mn. + 2 BIOSOLIDS Mr STER PORN PROJECT Appenai.. A cnElosure z ivtai 1539 5 254.7uu.uu JACOBS 6113/2019 Role 75 ¢ c m U5 o ¢ U S _ Rate $225 $.60 $.90 $.z5 $.s0 s85 $.30 $140 $85 Hours a, E,,,plo ee 29 202 2711 576 76 89 2112 10 4u 1-1 D, tmploa� 55,727 532,320 502,440 512,000 1.14,440 1.50 0,14,u80 53 11.7,300 1.3,400 .salt nours Cost TasR .-nssessment o. Exlstmg Con3ldons j.z a 03,0".00 oeiliry Sit. vizit ons--laotian 128 $ 19,080 00 8 40 40 40 uture Solills Prolluction Estimate 70 5 /,53u W 4 8 w 10 20 evmop Sizing Criena 34 5 3,860 00 e-mbp sad Final I M — a .3,etiti 00 Expenses $ 9,62700 r asx c - Evaluahon CMteMa Development anti I-'aendneauon or Appropriate Technology Solutions 'aa 4 71,11sa.00 avelepmenl at ET.imatiam Crite.'- 16 $ z,»w 00 2 6 8 itientication of Appropriate . eERnolog, Solutions 26 $ 4,1 W W 4 8 15 vwrRsMop . Preparation anti Delivery o0 5 g,g80 00 70 715 24 4 14 Workshop 2 Preparation and Delivery — a 0,301. u0.0 mzrr 4 .z e .-itieretia5 at .pe. --in; Exiztimg An - L 38 $ 57u0 00 5 15 8 8 evL3opment or .101 vntn Six Mort-llst00 6ptions 14 $ 10,240 00 8 12 32 4 12 a ERpenses 5 9,311. u0 Task 3 - Plan. Simulation Evaluarrons — 5 ev 54a.uti Flotii cation anti update at PR02D 18 $ 2,520.00 5 a Optiates for Grapflic Outputs 24 1. 3,480. u0 2 8 78 Motieliny o, Six Options an:, Rouyh C05tirrg .o< 5 23, 72'u u0 c .ti o'u <4 - rep� � vvrxxafiep Mut.M-1., 40 5 ummu u'u 8 24 8 vwMtsMop 3 Preparation anti Deii-ery 84 $ 9,520.00 12 111 24 12 evmop Draft an'u Final TIM 50 5 10,95u D0 2 e a 3u 10 -.0 4 8 EI!penses 5 3,3.1. uu Task 4 - Cost Evaluations 282 5 — :P;" -..GU" Optiates for GrapMic Outputs 1U4 $ 14,300 00 4 111 50 44 Rlo'ueiing o.. Mree Options anti RougM Costing 15 5 2,390.00 0 70 ,-pare Work.hop Mom -la z< 5 3,.ouw - iz 4 vvorR-Rep 3 crap—tia., and Deli -,T 52 $ 7— OC 7215 24 Develop Oran ana Final .10 a8 $ 11,5110 00 z 5 12 32 10 78 a E4penses 5 3,411. 00 .asR3-ImplementatlonPlannlny e -.lap M --;—d ehedali.roflan 24 $ 3,660.00 4 a 12 Prepare ran and Final mepon gs $ 12,410 00 4 e a 34 4 23 a a Final Mleeang q4 1. 1,180.00 a -.< .ii a Expenses a r05.00 P ajeaf Management 105 $ 16 045.00 Project Management Plan 18 5 Z,/Su.00 z 12 2 Progress Reports 00 5 1,123.00 3 1 <q I 1.'o .'u owdiL ation 5 3,3.0.00 az ivtai 1539 5 254.7uu.uu JACOBS 6113/2019 APPENDIX A ENCL0O'ne s BlObOCIQ5 mAb I tR PIAN VROJEk- i tMUMEERM3 OmGANIZATIONAL CRAB I J/�COBS" Pr6����pal IPlanager wrea manager Bob Frear Greg Weeks Pra�e�>< Manaber Lu�,e Lenard JUNE 12, 2019 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0562 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A. 14 File Type: Resolution THEATRESQUARED PROJECT CONVEYANCE OF ACCESS EASEMENTS: A RESOLUTION TO APPROVE THE CONVEYANCE OF ACCESS EASEMENTS TO ADJACENT PROPERTY OWNERS AND A GENERAL UTILITY EASEMENT TO FRANCHISE UTILITIES ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE AT THE SOUTHEAST CORNER OF NORTH WEST AVENUE AND WEST SPRING STREET ASSOCIATED WITH THE THEATRESQUARED PROJECT WHEREAS, the TheatreSquared parking lot design required that an existing alley be partially relocated along the eastern property line and to maintain vehicular access to the rear of the residences adjacent to the property line a new access easement is necessary; and WHEREAS, dedication of general utility easements is a standard practice that allows the City and franchise utilities the ability to provide and maintain utility services for the development. 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 Mayor Jordan to execute Access Easements, copies of which are attached to this Resolution, to Bodkin Properties, LLC; Scott Ventures, LLC; and Donald Roller Wilson and Kathleen Kay Wilson, Trustees of the Donald Roller Wilson Trust. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a General Utility Easement, a copy of which is attached to this Resolution, to allow franchise utilities and the City to provide and maintain utility services for the development. City of Fayetteville, Arkansas Page I Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0562 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/30/2019 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: Request for signature approving Access and Utility Easements for the Theatre Squared project. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: Request for signature approving Access and Utility Easements for the Theatre Squared project. RECOMMENDATION: As a part of the Theatre Squared development at the southeast corner of Spring Street and West Avenue, new utility and access easements have been required by City staff and franchise utilities and easement documents have been prepared by the City Land Agents. Staff requests the mayor's signature to create these easements on City owned property. BACKGROUND: These easements should have been completed and filed of record prior to a building permit for the Theatre Squared project. They were submitted in Legistar in 2017, however, because of some wording issues were denied by the City Attorney's office. For some oversight, the easement documents were never revised or resubmitted and were never executed. Over the last few weeks this issue came to the attention of Development Services Department staff who subsequently worked with the City Land Agents and the Assistant City Attorney to make the necessary revisions to the easement documents. The documents should be ready for approval and signature. Access Easement: The Theatre Squared parking lot design required that an existing alley be partially relocated along the eastern property line. To maintain vehicular access to the rear of residences adjacent to this property line, an access easement is required. Utility Easement: Dedication of general utility easements are a standard practice that allow City and franchise utilities the right to provide and maintain utility service for the development. A general utility easement is required east -west behind the newly constructed building. BUDGET/STAFF IMPACT: N/A Attachments: ■ Access Easement ■ General Utility Easement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Parcel No. 765-01750-000, 765-01751-000 765-01752-000, 765-01753-000 ACCESS EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Bodkin Properties, LLC, an Arkansas limited liability company, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9; thence North 89 degrees 27 minutes East 155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet; thence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT ACCESS EASEMENT DESCRIPTION: A variable width access easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 of the Washington County records and said access easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the Grantor's North property line, being the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 142.25 feet to the POINT OF BEGINNING; thence continuing along the Grantor's North line, North 89 degrees 21 minutes 12 seconds East 12.75 feet; thence leaving said North line, South 00 degrees 10 minutes 35 seconds East 151.50 feet; thence North 89 degrees 21 minutes 16 seconds East 14.42 feet; thence South 00 degrees 38 minutes 44 seconds East 16.50 feet; thence South 89 degrees 21 minutes 16 seconds West 27.30 feet; thence North 00 degrees 10 minutes 35 seconds West 168.00 feet to the POINT OF BEGINNING, containing 2381 sq. ft., or 0.055 acre. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2019. City of Fayetteville, Arkansas, A municipal corporation By: ATTEST: Lioneld Jordan, Mayor [Seal] Sondra Smith, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public .2019. Parcel No. 765-01750-000, 765-01751-000 765-01752-000, 765-01753-000 ACCESS EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Scott Ventures, LLC, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9; thence North 89 degrees 27 minutes East 155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet; thence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT ACCESS EASEMENT DESCRIPTION: A variable width access easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 of the Washington County records and said access easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the Grantor's North property line, being the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 142.25 feet to the POINT OF BEGINNING; thence continuing along the Grantor's North line, North 89 degrees 21 minutes 12 seconds East 12.75 feet; thence leaving said North line, South 00 degrees 10 minutes 35 seconds East 151.50 feet; thence North 89 degrees 21 minutes 16 seconds East 14.42 feet; thence South 00 degrees 38 minutes 44 seconds East 16.50 feet; thence South 89 degrees 21 minutes 16 seconds West 27.30 feet; thence North 00 degrees 10 minutes 35 seconds West 168.00 feet to the POINT OF BEGINNING, containing 2381 sq. ft., or 0.055 acre. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2019. City of Fayetteville, Arkansas, A municipal corporation By: ATTEST: Lioneld Jordan, Mayor [Seal] Sondra Smith, City Clerk ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: Notary Public .2019. Parcel No. 765-01750-000, 765-01751-000 765-01752-000, 765-01753-000 ACCESS EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto Donald Roller Wilson and Kathleen Kay Wilson, Trustees of the Donald Roller Wilson Trust dated the 11' day of March, 1999, and Kathleen Kay Wilson and Donald Roller Wilson, Trustees of the Kathleen Kay Wilson Trust, dated the 11th day of March, 1999, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9; thence North 89 degrees 27 minutes East 155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet; thence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT ACCESS EASEMENT DESCRIPTION: A variable width access easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 of the Washington County records and said access easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the Grantor's North property line, being the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 142.25 feet to the POINT OF BEGINNING; thence continuing along the Grantor's North line, North 89 degrees 21 minutes 12 seconds East 12.75 feet; thence leaving said North line, South 00 degrees 10 minutes 35 seconds East 151.50 feet; thence North 89 degrees 21 minutes 16 seconds East 14.42 feet; thence South 00 degrees 38 minutes 44 seconds East 16.50 feet; thence South 89 degrees 21 minutes 16 seconds West 27.30 feet; thence North 00 degrees 10 minutes 35 seconds West 168.00 feet to the POINT OF BEGINNING, containing 2381 sq. ft., or 0.055 acre. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2019. ATTEST: Sondra Smith, City Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON City of Fayetteville, Arkansas, A municipal corporation By: Lioneld Jordan, Mayor ACKNOWLEDGMENT ss. [Seal] BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 12019. MY COMMISSION EXPIRES: Notary Public Parcel No. 765-01750-000, 765-01751-000 765-01752-000, 765-01753-000 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the Black Hills Energy Corporation, Cox Communications, AT&T, and SWEPCO, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of general utilities including natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (Doc Ref: 95-28605 & CV2016-2104-1) A part of Lots 3, 4, 5 and 6, of Block 9 of the original plat of the Town (now City) of Fayetteville, Arkansas described as beginning at the NW corner of said Block 9' thence North 89 degrees 27 minutes East 155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet; thence North 89 degrees 27 minutes 19 seconds Est 6.00 feet; thence South 0 degrees 04 minutes 04 minutes 28 seconds East 92.13 feet; thence along the South line of the N1/2 of the SW1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88 feet to a point North 11 feet and 5 inches of the South line of the N1/2 of Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. AND A fifteen -foot strip described as beginning at the NW corner of Block 9; thence North 89 degrees 17 minutes 19 seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West 151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the point of beginning. PERMANENT EASEMENT DESCRIPTION: A variable width general utility easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 and Circuit Court case 72CV-16-1204-1 of the Washington County records and said general utility easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 5.16 feet to the Grantor's Northwest property corner; thence continuing along said North line, said North line also being the Grantor's North property line, North 89 degrees 21 minutes 12 seconds East 73.70 feet to the POINT OF BEGINNING; thence continuing along said North line, North 89 degrees 21 minutes 12 seconds East 31.00 feet; thence leaving said North line, South 00 degrees 38 minutes 23 seconds East 7.04 feet; thence South 89 degrees 21 minutes 37 seconds West 31.00 feet; thence North 00 degrees 38 minutes 23 seconds West 7.04 feet to the POINT OF BEGINNING, containing 218 square feet, 0.005 acre. AND ALSO A variable width general utility easement on part of Block 9 of the Fayetteville Original plat, as described in Deed Book 95 page 28605 and Circuit Court case 72CV-16-1204-1 of the Washington County records and said general utility easement being more particularly described as follows: COMMENCING at the Northwest corner of said Block 9 thence along the North line of said Block 9, North 89 degrees 21 minutes 12 seconds East 5.16 feet to the Grantor's Northwest property corner; thence leaving said North line, along the Grantor's West property line, South 0 degrees 00 minutes 09 seconds West 128.85 feet to the POINT OF BEGINNING; thence leaving said West property line, South 89 degrees 59 minutes 29 seconds East 9.84 feet; thence South 00 degrees 00 minutes 00 seconds East 39.04 feet; thence North 89 degrees 21 minutes 16 seconds East 155.07 feet; thence South 00 degrees 38 minutes 44 seconds East 10.12 feet; thence South 89 degrees 21 minutes 16 seconds West 63.01 feet; thence South 00 degrees 38 minutes 23 seconds East 10.92 feet; thence, along a tangent curve to the right, an arc distance of 3.93 feet said curve having a radius of 2.50 feet, and a chord bearing and distance of South 44 degrees 21 minutes 37 seconds West 3.54 feet; thence leaving said curve, South 89 degrees 21 minutes 37 seconds West 12.00 feet; thence, along a tangent curve to the right, an arc distance of 3.93 feet said curve having a radius of 2.50 feet, and a chord bearing and distance of North 45 degrees 38 minutes 23 seconds West 3.54 feet; thence leaving said curve, North 00 degrees 38 minutes 23 seconds West 10.92 feet; thence South 89 degrees 21 minutes 16 seconds West 85.02 feet to the Grantor's West property line; thence continuing along said West line, North 00 degrees 00 minutes 09 seconds East 49.28 feet to the POINT OF BEGINNING, containing 2280 square feet, 0.052 acre. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. GENERAL UTILITY EASEMENT Page 2 of 2 TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. The Grantor agrees not to erect any buildings or structures in said permanent easement but reserves the right to install its own water, sewer and/or drainage utilities within said easement. This easement cannot be used for above -ground micro -wireless facilities, small wireless facilities (including associated poles or support structures), or any other similar wireless communications facilities. The Grantee shall have the right to construct additional lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future and agrees to pay any damages because of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 12019. By: ATTEST: Sondra Smith, City Clerk STATE OF ARKANSAS COUNTY OF WASHINGTON City of Fayetteville, Arkansas, A municipal corporation Lioneld Jordan, Mayor ACKNOWLEDGMENT ss. [Seal] BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of 2019. MY COMMISSION EXPIRES: Notary Public BASIS of BEARINGS: ACCESS EASEMENT ARKANSAS STATE PLANE COORDINATE THEATRESQUARED ACCESS EASEMENT SYSTEM, NAD 83, NORTH ZONE. 2,381 SQ. FT. (0.055 AC.) (NOT A PLAT OF SURVEY) EXHIBIT "A" MAP 0 20 40 --NORTHWEST CORNER __- N89' 21' 12"E SCALE: 1"= 40' ' FAYETTEVILLE ORIGINAL LOCK 9 SPRING ST. [�l2.75' N89'21' 12"E — 142.25' --- I — — I I I _J I POB I �I I I I I i1 I I I I I I I W� TRACT I O 765-01750-000 765-01751-000 1765-01752-000 765-01753-000 95-28605 72CV-16-1204-1 CITY OF FAYETTEVILLE I I I I 765-01752-000 I 765-01751-000 I I 765-01753-000 0 I 0 r 0 I L E G E N D \—S89' 21' 16"W 1 27.30' PROPOSED U11L. EASEMENT — - - — - - — EXISTING RIGHT OF WAY LINE 0 PROPOSED TEMP. CONST. ESMT. EXISTING UTILITY EASEMENT LINE 765-01750-000 TAX PARCEL NUMBER EXISTING PROPERTY LINE 95-28605 DEED RECORD — — — PROPOSED UTIL. EASEMENT 72CV-16-1204-1 • CORNERS OF PROPOSED UTILITY EASEMENT PROPOSED TEMP. CONST. ESMT. Property Owner: CITY OF FAYETTEVILLE ect Name : CITY OF THEATRESQUARED Drawn by McClelland Consulting Engineers FAYETTEVILLE Date: July 2017 Scale : 1" = 40' No.1 Revisions I Date Project No. 162118 Tract No. 01 LO O o6 C01 .. I : -,,, LO Lo ../I • ,,,,; Cn Z N89' 21' 16"E 14.42' r� SO' 38' 44"E 16.50' L E G E N D \—S89' 21' 16"W 1 27.30' PROPOSED U11L. EASEMENT — - - — - - — EXISTING RIGHT OF WAY LINE 0 PROPOSED TEMP. CONST. ESMT. EXISTING UTILITY EASEMENT LINE 765-01750-000 TAX PARCEL NUMBER EXISTING PROPERTY LINE 95-28605 DEED RECORD — — — PROPOSED UTIL. EASEMENT 72CV-16-1204-1 • CORNERS OF PROPOSED UTILITY EASEMENT PROPOSED TEMP. CONST. ESMT. Property Owner: CITY OF FAYETTEVILLE ect Name : CITY OF THEATRESQUARED Drawn by McClelland Consulting Engineers FAYETTEVILLE Date: July 2017 Scale : 1" = 40' No.1 Revisions I Date Project No. 162118 Tract No. 01 BASIS OF BEARINGS: GENERAL UTILITY EASEMENT ARKANSAS STATE PLANE COORDINATE THEATRESQUARED SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) EXHIBIT "A" MAP r --NORTHWEST CORNER BLOCK 9 SPRING ST. FAYETTEVILLE ORIGINAL P013 L1 �-L2 _--- I - - L4 L3 ' Y I I I i I I I I I I I I I I I I I I I I I I I I I .1 WY �I Y N89' 21' 12"E - 73.70' N89' 21" 12"E - 5.16' TRACT I I I 765-01750-000 765-01751-000 765-01752-000 r 765-01753-000 95-28605 72CV-16-1204-1 CITY OF FAYETTEVILLE I 765-01752-000 ,J L5 /J /f fJJ- 1 L13� 765-01751-000 0 0 0 0 1 � gi i _ :0. J " �L9 GENERAL .�- 1 I` I 1 1 I 1 1 I I 1 I I I I UTILITY EASEMENT I 2,498 SQ. FT. (0.06 AC.) 0 20 40 SCALE: 1"= 40' Parcel Line and Curve Table Line #/Curve / Length Bearing/Delta Radius C1 3.93 90.00 2.50 C2 3.93 90.00 2.50 L1 31.00 N89' 21' 12'E L2 7.04 SO' 38' 23"E L3 31.00 S89' 21' 37"W L4 7.04 NO' 38' 23"W L5 9.84 S89' 59' 29'E LB 39.04 SO' 00' WE L7 155.07 N89' 21' WE LB 10.12 SO' 38' 44"E L9 63.01 589' 21' 16"W 1_70 10.92 SO' 38' 23"E L11 1200 S89' 21' 37"W L12 10.92 NO' 38' 23"W L13 85.02 S89' 21' 16"W L14 49.28 NO' 00' WE !IL_ Ali C2--" RC1 765-01753-000 I ' I I �1 1 —.I L E G E N D PROPOSED U11L. EASEMENT — - - ` - — EXISTING RIGHT OF WAY LINE 0 PROPOSED TEMP. CONST. ESMT. - - - - - EXISTING UTILITY EASEMENT LINE 765-01750-000 TAX PARCEL NUMBER EXISTING PROPERTY LINE ss -28605 72CV-16-1204-1 DEED RECORD — ' — — PROPOSED UT1L. EASEMENT • CORNERS OF PROPOSED UTILITY EASEMENT ....... PROPOSED TEMP. CONST. ESMT. Property Owner: CITY OF FAYETTEVILLE Project Name : CITY Ol'�+ Drawn by : McClelland Consulting Engineers THEATRESQUARED FAYETTEVILLE Date: July 2017 Scale : 1" = 40' No.1 Revisions I Date Project No. 162118 Tract No. 01 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0544 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A. 15 LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS): A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON -CONFORMING PARCEL WHEREAS, City staff and the owners of the property located at 2763 North Crossover Road jointly propose to split the 2.11 acre lot into a 1.69 acre parcel which will be retained for the owners' single family dwelling and a non -conforming, land -locked 0.42 acre parcel on which the City intends to construct a portion of the public multi -use Niokaska Creek Trail that will connect Gulley Park to the Razorback Regional Greenway; and WHEREAS, pursuant to § 164.20 of the Unified Development Code, the Fayetteville City Council may, by two-thirds majority vote, approve non -conforming lot split and authorize the construction of vital municipal public facilities. 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, by a two-thirds majority vote, hereby approves the lot split shown on Exhibit A and authorizes the construction of a portion of the Niokaska Creek Trail, which the City Council determines is a vital municipal public facility, on the non -conforming 0.42 acre parcel. City of Fayetteville, Arkansas Page I Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0544 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/29/2019 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: LSP 19-6795: Lot Split (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS, 293-294): Submitted by DEVELOPMENT SERVICES DEPARTMENT for properties located at 2763 N. CROSSOVER ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.11 acres. The request is for City Council approval of a non -conforming lot split pursuant to UDC § 164.20 to facilitate construction of a public multi -use trail. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director Matt Mihalevich, Trails Coordinator DATE: August 28, 2018 CITY COUNCIL MEMO SUBJECT: LSP 19-6795: Lot Split (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS, 293-294): Submitted by DEVELOPMENT SERVICES DEPARTMENT for properties located at 2763 N. CROSSOVER ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.11 acres. The request is for City Council approval of a non -conforming lot split pursuant to UDC § 164.20 to facilitate construction of a public multi -use trail. RECOMMENDATION: Staff recommends approval of a lot split to facilitate a land purchase and construction of a public multi -use trail across the subject property. BACKGROUND: The subject property includes one parcel located at 2763 N. Crossover Road. The parcel is zoned R -A, Residential Agricultural, contains approximately 2.11 acres and is developed with one single- family dwelling built in 1993. The western portion of the property is bisected by Niokaska Creek and is shown on the Active Transportation Plan as the future location of a piece of the Niokaska Multi -use Trail (see attached exhibit). Request: The City proposes to split the applicant's property into two lots as shown on Exhibit W. The western lot (Tract B) would be 0.42 acres and would be a land -locked parcel containing the Niokaska Creek and Trail corridor and is being purchased by the city for $14,886.00. The eastern lot (Tract A) would be 1.69 acres and would retain the property owners' single family dwelling, shop, and driveway access to Crossover Road. The lot split configuration was agreed between the property owner and City staff as part of the negotiation for construction of the trail through this area. The property owner does not want to own the property for the trail. This necessitates a lot split to create a legal lot to be purchased by the City. The proposed Tracts A and B would be non- conforming as neither meet the R -A District bulk and area minimums of 2 acres, and Tract B would not meet the required 200 feet of street frontage. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The proposed lot split creating non -conforming lots is necessary to facilitate construction of a public multi -use trail. Fayetteville Unified Development Code §164.20 allows this type of proposal: Fayetteville Unified Development Code 164.20 Approval Of Vital Municipal Facilities Regardless of any other provision within the Unified Development Code, the City Council after a public hearing and by a two-thirds majority vote may approve a Lot Split, Lot Line Adjustment or other appropriate development action and authorize the construction of a vital municipal facility including, but not limited to: a water storage tank, water or sewer pump station, water or sewer pipelines, fire station, police station, public communications facility and all accessory structures needed for such facilities. The proposed lot split is recommended pursuant to the above referenced code section as necessary for an essential public facility. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A, Proposed Lot Split ■ Request Letter ■ Trails Master Plan ■ Vicinity Maps FuoodWdy , I' f d-" co w Wd e S R,Ae ' w Floedway L , n °' � m ��'yi iia' cd' y 7 / ! ar i i epi+, JigIi 4 o+fit a e= N� 27A3'TRACT Rn " h d•!`' ° qffi J w,\ DBD t f.fi92Ac. Ga ,T2C'T'en aKwY' c a s. 5e ! a ja T6 Ooe9pVe�deA °+ \ 4419— t n �� J i `"dk 54.tti4 a ¢ v; 3rf a art DO y �� 1 1�c ,+ \ wi s 1 nae. a Patte n ®^'{ � SPafkS u / 1ti �S7'3°59"34"4Y y9"Se O 1 $ 1111 Old � tl ORIGINAL PROPERTY DESCRIPTION LOT 5, OREEKSIDE ESTATES, A SUBDIVISION TO THE CITY OF FAYETTEVLLE. ARKANSAS, AS PER THE FINAL PLAT RECORDED IN PLAT RECORD BOON 11, AT PAGE 53, PLAT RECORDS OF WASHINCY04 COUNTY,ARKANSAS. LESS AND EXCEPT : PART OF LOT 5 OF CREEKSIDE ESTATES, A SUBDIVISION TO T1E CITY OF FAYETTEHLLE. TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLI.OW5;COMMENCING AT A POINT BEING USED AS THE NORTHWEST CORNER OF LOT 5 OF CREEKSIDE ESTATES; THENCE NORTH 7152'57" EAST ALONG THE NORM LINE OF LOT 5 OF CREEKSIDE ESTATES A DISTANCE OF 633.50 ,FMt TO A POINT ON THE WESTERLY RIGHT OF WAY' UNE OF ARKANSAS STATE HIGHWAY 295 AS ESTABLISHED BY ANTO U08 4704; THENCE SOUTH 0916'52 EAST ALONG SAID RIGHT OF WAY UNE A DISTANCE OF SSAD FEET TO THE PORT OF BEGINNING:THENCE OONTNUING SOU H 0916'52• EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 54.80 FEET TO A POINT ON THE SOUTH LINE OF LOT 5 OF CREEKSIDE ESTATES; THENCE SOUTH 735644' WEST ALONG SAID SOUTH LINE A DISTANCE OF 5.51 FEET TO A PONT ON THE WESTERLY RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS ESTADU%ED BY AHTD ,TOB 240517; THENCE NORTH 05'36'51- WEST ALONG SAID RICHT OF WAY LINE A DISTANCE OF 8562 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.111 ACRES, MORE OR LESS, TRACT' A' PROPERTY CIEWRPTION PART OF LOT 5,CREEKSIDE ESTATES, A SUBDIVISION TO THE CITY OF FAYETIEVILLE. ARKANSAS, AS PER THE FINAL PLAT RECORDED IN PLAT RECORD BOCK 11, AT PAGE 53. PLAT RECORDS OF WASHINGTON COUNTY. ARKANSAS BEING MORE PARTICULARLY IIESCRIBEG AS FOLLOW$: COMMENCING AT A FOUND IRON PIN LABELED PLS 56 BEING USIED AS THE NORTHWEST CORNER OF LOT 5 OF CRaXSIDE ESTATES; THENCE NORM 71'36'03° EAST ALONG THE NORTH LINE OF LOT 5 OF CREEKSIDE ESTATES A DISTANCE OF 213.40 FEET TO THE PONT OF EEG1EfNC BEING AN IRDM PIN WTH CAP COT P$ 1514; THENCE CONTINUING NORTH 71'$6'037 EAST ALONG THE SAID NORTH LME OF LOT 5, 418.77 FEET TO A FOUND ALUMINUM CAP LABELED AHTO PS 1716 ON THE WESTERLY RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 265 AS ESTABLISHED BY AHTD ,TOB 4704, THENCE SOUTH 091843' EAST ALONG SAID RICHT OF WAY LINE A DISTANCE OF 89.81 FEET TO A FOUND ALUMINUM CAP LABELED A.H.T.D. PS 1710; THENCE CONTINUING SOUTH OS'35'03' EAST ALONG SAID FIGHT GF WAY LINE A DISTANCE OF 85.59 FEET TO A FOUND ALUMINUM CAP LABELED A.H.T.D. PS 1710 ON THE SOUTHEASTERLY LINE OF LOT 5 OF CREEKSIDE ESTATES; THENCE SOUTH 7359"34' W€ST ALONG SAID SOUTHEASTERLY UNE A DISTANCE OF 481.90 FEET TO AN IRON PNWITH CAP COF PS #1514; THENCE LEAVING SAID SOUTHEASTERLY UNE NORM 15'39'04' WEST 10.69 FEET TO AN IRON PIN WITH CAP COF PS 1514, THENCE NORTH 3212'20'EAST 62.18 FEET TO AN IRON PIN WAIN CAP CCF PS 1514; THENCE NORTH D23727'EWAST 57.92 FEET TO AN IRON PIN IN CAP COF PS 1514; THENCE NORM 17V4'18'EAST 27.33 FEET THE PONT OF BEGINNING AND CONTAINING 1.692 ACRES. MORE OR LESS. TRNCT'B' PROPERTY DESCRIPTION PMT OF LOT 5, CREEKSIDE ESTATES A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT RECORDED IN PLAT RECORD BOOK 11, AT PAGE 53, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY DESCRIBED AS FOLLOW$: BECIHIENO AT A FOUND IRON PIN LABELED PLS 56 BEING USED AS THE NORTHWEST CORNER OF LOT 5 OF DREEK$IDE ESTATES; THENCE NORTH 71'58'03' EAST ALONG THE NORTH LINE OF LOT 5 OF CREEKSIDE ESTATES A DISTANCE OF 213.4E FEETTO THE AN IRON PIN WITH CAP LABELED COF PS 1514; THENCE LEAVING SARI NORTH UNE OF LUT 5 SOUTH 17'04'18' 'NEST 27,33 FEET TO AN IRON PIN WTH CAP LABELED COF PS 1514; THENCE SOUTH 02'37'27'WEST 87.92 FEET TO AN NON PIN WITH CAP LABELED CCF PS 1514; THENCE SOUTH 3212'20'WEST 62.18 FEST TO AN IRON PIN WITH CAP LABELED COF PS 1514; THENCE SOUTH 15'39'O4'EAST 10.68 FELT TO THE SOUTHEASTERLY LINE OF SAID LOT 5AND AN IRON PIN WTH CAP LARD COP PS 1514; THEN ALONG SAID SOUTHEASTERLY U E SOUTH 73"59`34' MST 11,89 FEET TO A FOUND N®AR IN CONCRETE BEING THE MOST SOUTHERLY PONT OF SAID LOT 5; THENCE NORTH 5237'01)'WEST 187.70 FEET ALONG THE SOUTHWESTERLY UNE OF SAID LOT 5 TO THE PONT OF BEGINNING AND CONTAINING 0.419 ACRES, MORE OR LESS. LSP 19-6795 EXHIBiT'A' PL. S° �l 111 BUILDING SETBACK F t Side 26' Beer CERTIFICATE OF 2 tERSHIP &. DEDICATION - WE. THE UNDERSIGNEO OWNETRS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND BESCRISED HEREIN, DG HEREBY OEAICATE FOR PUBLIC OYMERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW, THE OWNERS ALSO DEDICATE TO THE CITY OF FAYETTEULE AND TO THE PUBUC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY Of FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITES. ALSO ESTABLISHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS TO SAID EASEAIEHI'Z, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES 'WITHIN SAID EASEMENTS, AND THE RIGHT TO REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. TRACT A OWNER= JASON AMC) CKTCHFN WRIGHT 2763 CROSSOVER ROAD FAYETMMLLL AR. 72703 DATE JASON WRIGHT DATE GRETCHEN MG48 FLOCO (ERYETL'Af th A 1perrfi-pod Z of -A. property Is Maotad wfthn Flood ZMe 'A' OR 'AE� as detertn[nea by 0. Nahenal Flood Inaurmen P,oW—, Flood na4YCaae Rale Map fix Waehngton Caenty. Arkmaas. FIRM Panel #D514CD23CF Gated April 2, 2008 Q. FOUND ALUMINUM CAP LABELED A.H.T.D. PS 1710 Q REPAR IN CONCRETE 0 FOUND IRON PIN d68 SET REPAR W%CAP /1514 WATER METER CEBTEIPA ' THIS 15 TD CERTIFY that the plat hereon O a tn.e repnenentotlan at the aban d.—lbed Property oa determined by —.y and that 1„ Daryl V. Dap$, P.LS. #1514, ha" v ]ped and marked eh One 9'. the b—dad. and cam a aha and that these areno eneraaMmenta a Pr tr.a _ _pt ae eha n herein. pw aaB AWN BN JR �ACN[0 BY NANEwI� 1st �.� IO Q il' W JW a. W = U) rH W W M LL 0 oa _ 0 Q 7 1 W}yFt L.al SPlit2 CITY OF FAYETTEVILLE ARKANSAS August 13th, 2019 Jason & Gretchen Wright 2763 Crossover Road Fayetteville, AR 72703 765-17267-000 RE: Lot Split 19-6795 The City of Fayetteville has been working with property owners to acquire property for the Niokaska Creek Trail that will connect Gulley Park to the Razorback Regional Greenway. Jason and Gretchen Wright own property where the trail is planned and have agreed to sell a 0.419 portion of their property to the City. The property owner prefers to sell the western part of property including the creek instead of creating a multi -use trail easement. A lot split is required for the City to purchase the portion of the Wright's property for the Niokaska Creek Trail as shown on the attached plat. The zoning of this property is R -A and the minimum size for this zoning is 2 acres. The current tract parcel 765-17267-000 is 2.111 acres. The proposed lot split creates Tract "B" at 0.419 acres and the remaining Tract "A" will be 1.692 acres. Once split, Tract "A" will be below the required 2 acres for R -A zoning therefore two non -conforming lots will be created. City Council approval for the non -conforming lots will be requested. Sincerely, Matt Mihalevich, Trails Coordinator Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 " •••+ v � RftIIAHILL R - •6 •Ci?iNN. ��� OR K yp Q� W OAKCLIFF ST m N-6 0 c -m ROSEMONTST d S � 3• f. Proposed Lot Split P, w & City Purchase �TP� O wiGKINS PL w m •�� �a Q y - PICASSO PL AS,, gTANIbVk w 0 N2lDgLE DR .. .� rai; P �PKEFIEID PV o •�'�` - OO'NONNE OR U Qi- U O y !� P• NEADOWCLIFF DR 61°: 001 " ONG -� Signalized Cross! ng park' •, OVNSRY AY Niokaska Creek Trail tai ` 1 mile of 12' wide shared -use Bike Specific c u ;r e ` eeRS (2019-2020 Construction) q(•, Niokaska C, Z Signal Upgrades O • CENT UR 4•. Q Sly T o LL 9OS p. 9RK END a� 0.3 miles replace existing old 10 foot wide asphalt trail with z \ ' 12' wide concrete trail R si o < [ r: gERRV DR I 0.3 miles of 12' wide shared -use / o paved trail through Gulley Park. OAKSLI Legend . k -'Old Wire k6�(Complete)TST Planned Niokaska Cycle Track o Y Creek Trail (1 Mile) To ion Blvd. Old Wire Cycle Track J TALL OAKS DR o On -Street Bicycle CAR°N S'sAN_Dp,_ 0.9 miles of 9.5' Wide m Routes two wayc cletrack with ' i y GOLDEN OAKS DR N Old Wire Cycle Track adjacent 5 foot sidewalk east side of Old Wire Rd. ---- ov€RCR€sTST W E (0.9 Miles) —_ (Under Construction) „„ Future Shared -Use g Karo Paved Trails 0 3 rz . S ...- ELMW0 Z 0 0.125 0.25 Existing Shared -Use Paved Trails East Fayetteville Loop August 2019 Niokaska Creek Trail - 2 Miles Old Wire Cycle Track - 0.9 Miles _ �-d Cn CITY OF aVL-hall FAYETTEVILLE = ARKANSAS Mud Creek Trail POLK m TO Razorback DR WESTON PL Greenway < F U � O BRIGHTON PLWz BROOKHAVEN S DR _ m w ¢ < a BIRDIE DR U, W O z rn Y MANCHESTER D R �e°k.::a: v w DEVONSHIRE Plm � z o - ELAINE AVE . Z��• offs � p z w J ¢ f a dC^.• �G. w 0 I=- m •. Connection Trail THORNHILLDR < y 4 SHARON ST v F •� ...... i STUBBLEFIELD RD z CrT i 'of .x.. HAROLD ST ? CREEK OR Oma • s ��OS 9P c� c� < W� O C'RS Ce > o� 0 BRIARCLIFF ST i _ _ Raven Trail v. C 0 m CNARING & rdy. Heal n c s CORTLAND ST � O & Raw � 100 foot bridge ETON ST �� _ z w O - lBl9TC d Frei WARWICK DR 2 EURMANST Tunnel under Old Wire w (Installed) " •••+ v � RftIIAHILL R - •6 •Ci?iNN. ��� OR K yp Q� W OAKCLIFF ST m N-6 0 c -m ROSEMONTST d S � 3• f. Proposed Lot Split P, w & City Purchase �TP� O wiGKINS PL w m •�� �a Q y - PICASSO PL AS,, gTANIbVk w 0 N2lDgLE DR .. .� rai; P �PKEFIEID PV o •�'�` - OO'NONNE OR U Qi- U O y !� P• NEADOWCLIFF DR 61°: 001 " ONG -� Signalized Cross! ng park' •, OVNSRY AY Niokaska Creek Trail tai ` 1 mile of 12' wide shared -use Bike Specific c u ;r e ` eeRS (2019-2020 Construction) q(•, Niokaska C, Z Signal Upgrades O • CENT UR 4•. Q Sly T o LL 9OS p. 9RK END a� 0.3 miles replace existing old 10 foot wide asphalt trail with z \ ' 12' wide concrete trail R si o < [ r: gERRV DR I 0.3 miles of 12' wide shared -use / o paved trail through Gulley Park. OAKSLI Legend . k -'Old Wire k6�(Complete)TST Planned Niokaska Cycle Track o Y Creek Trail (1 Mile) To ion Blvd. Old Wire Cycle Track J TALL OAKS DR o On -Street Bicycle CAR°N S'sAN_Dp,_ 0.9 miles of 9.5' Wide m Routes two wayc cletrack with ' i y GOLDEN OAKS DR N Old Wire Cycle Track adjacent 5 foot sidewalk east side of Old Wire Rd. ---- ov€RCR€sTST W E (0.9 Miles) —_ (Under Construction) „„ Future Shared -Use g Karo Paved Trails 0 3 rz . S ...- ELMW0 Z 0 0.125 0.25 Existing Shared -Use Paved Trails East Fayetteville Loop August 2019 Niokaska Creek Trail - 2 Miles Old Wire Cycle Track - 0.9 Miles City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0401 Agenda Date: 9/17/2019 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Ordinance Agenda Number: B. 1 AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE: AN ORDINANCE TO AMEND §72.18, RESIDENTIAL PARKING PERMIT PROGRAM FOR THE ENTERTAINMENT DISTRICT PARKING ZONE OF THE FAYETTEVILLE CITY CODE TO CONVERT PORTIONS OF RESTRICTED RESIDENTIAL -ONLY PARKING ALONG LOCUST AVENUE AND LAFAYETTE STREET AND PORTIONS OF PAID -ONLY ON -STREET PARKING ALONG VANDEVENTER AVENUE, LAFAYETTE STREET, AND CHURCH AVENUE TO MIXED-USE PARKING AREAS WHEREAS, the residential -only parking zone on Locust Street between Spring Street and Center Street averages 21% utilization and the residential -only zone on Lafayette Street averages 35% utilization; and WHEREAS, converting these residential -only spaces to mixed-use will allow customers of the businesses located in those areas more parking options will also increase the available public parking supply which is consistent with the goals of the Parking Master Plan; and WHEREAS, converting the paid -only parking zones on Vandeventer Avenue, Lafayette Street, and Church Avenue to mixed-use would result in an additional 59 spaces where residential permits are valid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby replaces the existing Exhibit A referenced in § 72.18(A) with the proposed Exhibit A attached to this ordinance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals and enacts a new §72.18(F) as follows: "Mixed Use On -Street Parking. On street parking spaces on Spring Street from Block Avenue to West Avenue, on School Avenue from Center Street to Spring Street, on Locust Avenue from Spring Street to Center Street, on Church Avenue from Dickson Street to Meadow Street, on Lafayette Street from West Avenue to Forest Avenue, and on Vandeventer Avenue from Lafayette Street to Maple Street shall be available to the public for paid parking and to residents of the corresponding Entertainment District Parking Zone for properly permitted vehicles free of charge." City of Fayetteville, Arkansas Page I Printed on 9/5/2019 File Number: 2019-0401 City of Fayetteville, Arkansas Page 2 Printed on 915/2019 Justin Clay Submitted By City of Fayetteville Staff Review Form 2019-0401 Legistar File ID 7/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/20/2019 PARKING MANAGEMENT (430) Submitted Date Division / Department Action Recommendation: An ordinance amending portions of Chapter 72 of the City Code concerning residential parking designations in the Entertainment District Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Fund Project Title V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS J U LY 16, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Peter Nierengarten, Environmental Director FROM: Justin Clay, Parking Manager DATE: June 20, 2019 CITY COUNCIL MEMO SUBJECT: Amending portions of Chapter 72 of the City Code concerning residential parking designations in the Entertainment District RECOMMENDATION: Staff recommends amending Chapter 72 of the City Code to convert a portion of the restricted residential -only parking areas and a portion of the paid -only on -street parking areas to mixed- use parking areas whereby parking will be available to both the public for paid parking and to residents of the appropriate Entertainment District Parking Zone for properly permitted vehicles free of charge. BACKGROUND: Currently 208 on -street parking spaces function as residential -only parking spaces within the Entertainment District. The residential parking program began in 2010 and allows residents of the Entertainment District to park free of charge in certain designated spaces throughout the district. Upon providing proof of residency, a resident of the Entertainment District is eligible to obtain one (1) parking permit and two (2) guest passes not to exceed a total of four (4) permits and two (2) guest passes per residence. The residential parking area is divided into a North and South Zone within the Entertainment District, with Dickson Street serving as the dividing line. It should be noted that residential permits allow access to any of the zone's parking spaces that are designated as "residential parking" but do not allow for reserved parking in any one space. The 79 on -street spaces on Spring Street between West Avenue and Block Avenue and on School Avenue between Spring Street and Center Street operate in a "mixed-use" environment whereby parking is available to both the public for paid parking and to residents of the South Entertainment District Parking Zone for properly permitted vehicles free of charge. DISCUSSION: While several residential streets see high utilization for residential parking, others do not. Two residential -only street segments see particularly low utilization: Locust Avenue between Spring Street and Center Street, and Lafayette Street between Campbell Avenue to Forest Avenue. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Recent counts show that the 22 spaces on Locust Avenue between Spring Street and Center Street average 21 % utilization. These two blocks of Locust Avenue contain eight (8) residences, three (3) of which face different streets where residential parking is also available (Meadow St. and Spring St.). There are also three (3) businesses on this portion of Locust Avenue that would likely benefit from these spaces being available to non-residents. Recent counts of Lafayette Street's 57 residential spaces between Campbell Avenue and Forest Avenue show an average utilization of 35%. Many of the approximately 25 properties along Lafayette Street have off-street parking which likely leads to the low on -street utilization. Similarly to Locust Avenue, some properties near and along Lafayette Street now function as a business whose customers would benefit from the ability to park on -street in front of the business. Converting these spaces to mixed-use is also consistent with the Parking Master Plan's goals of increasing the available public parking supply. The recommendation from the Parking Master Plan calls for some of these spaces to be converted to free parking based on the low level of utilization at the time the counts were conducted for the study. However, staff feels that a mixed-use environment is more appropriate based on current utilization levels and feels that pricing these spaces is important to prevent long-term parking by non-residents. Staff also recommends converting the following paid -only street segments to mixed-use: Vandeventer Avenue between Lafayette Street and Maple Street Lafayette Street between West Avenue and Campbell Avenue Church Avenue between Dickson Street and Meadow Street Converting these paid parking spaces to mixed-use would result in an additional 59 spaces where residential permits are valid. BUDGET/STAFF IMPACT: Staff does not anticipate a budget impact. By converting residential -only spaces to mixed-use this proposal will result in the addition of 79 revenue -generating spaces. Because the residential permit program is free for residents, this increase is necessary to off -set the conversion of 59 paid -only spaces to mixed-use whereby a (free) residential permit would be valid. Staff can also manage these spaces with existing personnel and equipment. Attachments: Exhibit A Map of Proposed Changes 72.18 - Residential Parking Permit Program For The Entertainment District Parking Zone (A) Applicability: This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. The block of Ila Street between Wilson Avenue and Vandeventer Avenue is added to and is hereby made a part of the North Zone of the Entertainment District Parking Zone. (B) Definitions: Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. Residential parking permit means the currently valid permit issued by Parking Division which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. Guest pass means the pass or authorization to park within the appropriate on -street parking zone pursuant to this section. Fuel efficient scooter or bicycle means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. (C) Restricted Parking Periods: From 2:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On -street Parking Restrictions for Most Vehicles in the Entertainment District Parking Zone: Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on - street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special Regulations for Oversized Vehicles, Motorcycles, Motor Scooters and Bicycles: No vehicle that cannot fit within a standard on -street parking space may be parked on -street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on -street parking spaces and is prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (F) Mixed Use On -street Parking . On street parking spaces on Spring Street from Block Avenue to West Avenue, aeon School Avenue from Center Street to Spring Street, on Locust Avenue from Spring Street to Center Street, on Church Avenue from Dickson Street to Meadow Street, on Lafayette Street from West Avenue to Forest Avenue, and on Vandeventer Avenue from Lafayette Street to Maple Street shall be available to the public for paid parking and to residents of the Entertainment District Parking Zone South for properly permitted vehicles free of charge. (G) Free Public Use of Paid On -street Parking. From 2:00 a.m. until 2:00 p.m. every day, all on -street paid parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (H) Temporary Guest Passes: An Entertainment District Parking Zone resident may request the city to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (1) Residential Parking Permits May Not Be Loaned, Transferred, Sold or Used Except on the Designated Registered Vehicle: Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (J) Penalty: The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. (Ord. No. 5323, 6-1-10; Ord. No. 5368, 12-7-10; Ord. No. 5558, 01-03-13; Ord. No. 5598, 7-2- 13) Branson, Lisa From: Smith, Sondra Sent: Tuesday, July 16, 2019 10:46 AM To: Rogers, Kristin; Branson, Lisa Subject: FW: Lafayette Street Parking Proposal From: Scroggin, Sloan Sent: Tuesday, July 16, 2019 8:57 AM To: Smith, Sondra <ssmith@fayetteville-ar.gov> Subject: Fwd: Lafayette Street Parking Proposal I don't know what staff member is over seeing this but I don't know enough to digest this today by meeting time. Can this be sent to the appropriate staff and maybe CC if they decide it should be send to the full council? Thanks Sloan Scroggin ---------- Forwarded message ---------- From: Allen <cisco737gaol.com> Date: Jul 16, 2019 8:14 AM Subject: Lafayette Street Parking Proposal To: "Scroggin, Sloan" <ward3 poslgfayetteville-ar.gov> Cc: July 16, 2019 Dear Mr. Scroggin, I own one of the six condos at 305 W. Lafayette, located between Campbell and Rollston. Life was good when I purchase the condo in 2005. I could see Old Main; I never had any trouble finding a parking spot in front of my property; and the Hogs were competitive in the SEC West. Fast forward fourteen years - instead of Old Main's towers, I see two Sterling Apartment properties; I rarely find a parking spot on Lafayette that is less than a city block away from my front door; and the Hogs won zero SEC games last year! I have a couple of suggestions that might improve the parking situation in the Entertainment District - benefiting me and other property owners on W. Lafayette, as well as the City and visitors to the Entertainment District. Fortunately, the three parking spots in front of our condos are the most convenient to our property and to Dickson Street (the Entertainment District). Unfortunately, the three spots in front of our condos are the most convenient to Dickson Street (and, currently the most convenient Residential use parking to the residents/guests of The District Apartments). If the area in front of the District Apartments (West Street to Campbell on the south side of W. Lafayette AND West Street to Forrest on the north side of W. Lafayette) were to be re -designated mixed-use (as proposed), that should alleviate some of the parking issues (create more spaces and hopefully increase utilization). That would give the residents/guests of The District several parking spots nearer their apartments, while opening up many additional spaces to Entertainment District guests/employees. Density on W. Lafayette from Rollston to Forrest is significantly less than the density from Rollston to West Street. Additionally, there are considerably more parking spaces/residents available in this less dense area. Therefore, it is the most under-utilized parking area on W. Lafayette. It would follow that re -designation of the south side of W. Lafayette from Rollston to Forrest to mixed-use parking would have little impact the owners/residents in that area of W. Lafayette. Meanwhile, the re -designation would give visitors and employees of the Entertainment District several additional parking opportunities. I agree with your proposal to re -designate the entire length of the north side of W. Lafayette from West Street to Forrest as mixed-use parking. However, the conversion of the three residential spots in front of the condos on the south side of W. Lafayette to mixed-use parking, as proposed, would create a disproportionate burden on us - the property owners and residents. We would not only be competing for the spaces in front of our property with the residents/guest of The District Apartments, but also with any and all visitors to the Entertainment District. We, the owners, are older, mature Americans. If we don't have access to one of the three spots in front of 305 W. Lafayette, we have to cross a very busy street and/or intersection just to get to our property. Additionally, keeping the three spots in front of our condos Residential would be consistent with the designation on the west side of Rollston. Furthermore, because this current Residential parking only area is isolated between Campbell and Rollston, re -designation of the south side of W. Lafayette from West St. to Campbell and Rollston to Forrest to mixed-use would be simple and easy to control and enforce. Finally, I think there are too many Residential Permits. Access to permits should be more restrictive. Similar to current parking regulations, I recommend keeping the annual window sticker and the semi-annual hang tag. Additionally, I would add an annual hang tag (valid for the calendar year) to the mix. Property owner residents should be allowed a maximum of two (2) permits. With proof of vehicle registration, proof of payment of property taxes, and for a fee of $100 (less than $10/month), property owners residents could get two annual (12 month) permits. Property owner residents would have a choice of two annual window stickers, two annual hang tags, or one of each of the two tags. On the other hand, non -property owner residents would have only one option. With proof of vehicle registration, proof of lease, and for a fee of $250 (slightly more than $40/month), non -property owner residents would be allowed one (1) semi-annual hanging tag. This price is competitive with apartment garage parking fees, but more convenient and much less expensive than metered, mix -used fees. In summary, all of W. Lafayette from West Street to Forrest (with the exception of the three spaces on the south side of Lafayette between Campbell and Rollston), would be re -designated mixed-use parking. Property owners who reside in the Entertainment District could purchase a maximum of two annual tags for $100. Non -property owners who reside in the Entertainment District would be eligible to purchase one semi-annual hang tag for $250 ($500 annually). Thanks for allowing my input. I think I speak for the other owners of the condos at 305 W. Lafayette when I say, we want to do what's best for the City - while protecting what little sanctuary we have left! Respectfully, G. Allen Hale (c) 817.727.2340 Sent from my Wad From: Parking To: Clay, Justin Subject: Fw: Mixed use parking on Lafayette Street Date: Tuesday, July 16, 2019 7:48:37 AM From: Bill Corley <bill@williamcorley.com> Sent: Monday, July 15, 2019 8:50 PM To: Parking Cc: catherine Corley; Kinion, Mark Subject: Mixed use parking on Lafayette Street Dear Mr. Clay - Regarding your letter of July 9, we would like to offer our input herein. We also plan to attend the City Council meeting tomorrow evening to voice our concerns. The proposed changing of our residential parking from Forest Ave down to Campbell St will impose a disproportionate burden on the residents of the homes east of Mock Street for at least three reasons: 1. The homes closest to Forrest have no garages, only a small and crowded shared alley way in back. These residents have a greater need for dependable on -street parking 2. The homes east of Mock street are nearest to the Central Methodist parking deck, which provides ample parking nearby for many who use the bus stop and others. 3. The homes east of Mock street are furthest from the entertainment in comparison than the homes further west, so there's less utilization in any case. The proposed changes will diminish the residential quality of life for this block unnecessarily, and with greater negative impact than at the West end of Lafayette St' Conclusion: Instead, we ask that the mixed use parking end at the corner of West Lafayette St and Mock Street. This preserves the at -risk residential quality of life here, while also adding to the available mixed use parking on Lafayette St. My contact information is below, if you would like to speak with us about this. Respectfully, Bill Corley (479) 466-5879 80 West Lafayette St Fayetteville, Arkansas 72701 billp_williamcorley.com From: Parking To: Clay, Justin Subject: Fw: Parking situation Date: Monday, July 15, 2019 12:48:30 PM From: Sarah Chilton <sarahmchilton@gmail.com> Sent: Monday, July 15, 2019 12:06 PM To: Parking Subject: Parking situation Hey Justin. My name is Sarah Chilton, and my husband and I live at 120 W. Lafayette St. I have some concerns with the parking initiative. We are given 1 sticker and 2 tags for our residence. Leaving my husband and I with only 1 guest parking spot (I've even asked to PURCHASE more parking passes for guests since our street is always empty- but was denied, which seems ludicrous to me since the city would be making money and using the empty spots). I understand mixed use parking could help non-residents who are struggling to find parking. That being said, we would need to be ensured that the parking spots in front of our house are reserved for only us, since we don't have a driveway, and most of the houses on our streets don't have a driveway. I went to the UofA, and I understand how difficult parking can be. BUT what won't be ok is if the residents who live on our street aren't given their own personal spots because of the change the city wants to make. I shouldn't have to carry groceries and other large objects two blocks from my house because of non-residents filling up the spots. We all pay our taxes to live in this historic district where there are few driveways. It would be wrong if it's made to be mixed parking and the residents struggle. That's how we feel and how our neighbors that I have spoken with feel. You can utilize the extra parking, but don't punish the residents who pay their taxes to live there. We are entitled a certain number of reserved spots by our house. We aren't the general public who should have to hunt for spots. Thank you. -Sarah Chilton From: Parking To: Clay, Justin Subject: Fw: Dual use Date: Monday, July 15, 2019 12:57:34 PM email from Larry Weathers, 305 W Lafayette From: Yahoo Email <Iwwmd131313@yahoo.com> Sent: Monday, July 15, 2019 9:53 AM To: Parking Cc: cisco737@aol.com; LA SEMINOLITA Subject: Dual use Thanks for listening too me concerning changing parking in front of 305 West Lafayette condos to dual use. There are only six condos. My concerns as we discussed are as follows if they are made dual use: 1 we already have to deal with the high rise next door when they use our lot as a drop off zone for 20 to 30mins while they drop off or pick up someone who lives there leaving their car running. 2 when someone is parking in our lot , we have to stay there if we have them towed punishes us NOT them. 3 many of the residents in the top four 305 Lafayette need to park in front because of age and disability reasons.(steep steps) 3 these spaces are prime spaces on the weekends when we come to visit because of proximity to Bordinos and Theos and university Baptist and even the Walton arts and in the weekend we will always have to compete with them to park in front of our condos. 4 We already have to deal with the large amount of traffic noise and activity from the high rise next door. 5 If these spots are made dual use , it would be a huge hurdle to get them changed back through the council since we are a tiny voice. My suggestion would be to keep the 3 spots in front of 305 West Lafayette and 10 spots across the street as they are to protect the property of 305 W Lafayette and the owners too our north and east out of respect. Most of us have our condos because we love and support the Hogs and Funky Fayetteville. Please do not change these to dual use. Thanks Kay and Larry Weathers Sent from my iPhone From: Smith, Sondra To: Nierenaarten, Peter; Clay, Justin Subject: FW: Lafayette Street Parking Proposal Date: Tuesday, July 16, 2019 10:44:41 AM Do you want me to send this to the City Council? From: Scroggin, Sloan Sent: Tuesday, July 16, 2019 8:57 AM To: Smith, Sondra <ssmith@fayetteville-ar.gov> Subject: Fwd: Lafayette Street Parking Proposal I don't know what staff member is over seeing this but I don't know enough to digest this today by meeting time. Can this be sent to the appropriate staff and maybe CC if they decide it should be send to the full council? Thanks Sloan Scroggin ---------- Forwarded message ---------- From: Allen <cisco737naol.com> Date: Jul 16, 2019 8:14 AM Subject: Lafayette Street Parking Proposal To: "Scroggin, Sloan" <ward312os l &fayetteville-angov> Cc: July 16, 2019 Dear Mr. Scroggin, I own one of the six condos at 305 W. Lafayette, located between Campbell and Rollston. Life was good when I purchase the condo in 2005. I could see Old Main; I never had any trouble finding a parking spot in front of my property; and the Hogs were competitive in the SEC West. Fast forward fourteen years - instead of Old Main's towers, I see two Sterling Apartment properties; I rarely find a parking spot on Lafayette that is less than a city block away from my front door; and the Hogs won zero SEC games last year! I have a couple of suggestions that might improve the parking situation in the Entertainment District - benefiting me and other property owners on W. Lafayette, as well as the City and visitors to the Entertainment District. Fortunately, the three parking spots in front of our condos are the most convenient to our property and to Dickson Street (the Entertainment District). Unfortunately, the three spots in front of our condos are the most convenient to Dickson Street (and, currently the most convenient Residential use parking to the residents/guests of The District Apartments). If the area in front of the District Apartments (West Street to Campbell on the south side of W. Lafayette AND West Street to Forrest on the north side of W. Lafayette) were to be re- designated mixed-use (as proposed), that should alleviate some of the parking issues (create more spaces and hopefully increase utilization). That would give the residents/guests of The District several parking spots nearer their apartments, while opening up many additional spaces to Entertainment District guests/employees. Density on W. Lafayette from Rollston to Forrest is significantly less than the density from Rollston to West Street. Additionally, there are considerably more parking spaces/residents available in this less dense area. Therefore, it is the most under-utilized parking area on W. Lafayette. It would follow that re -designation of the south side of W. Lafayette from Rollston to Forrest to mixed-use parking would have little impact the owners/residents in that area of W. Lafayette. Meanwhile, the re -designation would give visitors and employees of the Entertainment District several additional parking opportunities. I agree with your proposal to re -designate the entire length of the north side of W. Lafayette from West Street to Forrest as mixed-use parking. However, the conversion of the three residential spots in front of the condos on the south side of W. Lafayette to mixed-use parking, as proposed, would create a disproportionate burden on us - the property owners and residents. We would not only be competing for the spaces in front of our property with the residents/guest of The District Apartments, but also with any and all visitors to the Entertainment District. We, the owners, are older, mature Americans. If we don't have access to one of the three spots in front of 305 W. Lafayette, we have to cross a very busy street and/or intersection just to get to our property. Additionally, keeping the three spots in front of our condos Residential would be consistent with the designation on the west side of Rollston. Furthermore, because this current Residential parking only area is isolated between Campbell and Rollston, re -designation of the south side of W. Lafayette from West St. to Campbell and Rollston to Forrest to mixed-use would be simple and easy to control and enforce. Finally, I think there are too many Residential Permits. Access to permits should be more restrictive. Similar to current parking regulations, I recommend keeping the annual window sticker and the semi-annual hang tag. Additionally, I would add an annual hang tag (valid for the calendar year) to the mix. Property owner residents should be allowed a maximum of two (2) permits. With proof of vehicle registration, proof of payment of property taxes, and for a fee of $100 (less than $10/month), property owners residents could get two annual (12 month) permits. Property owner residents would have a choice of two annual window stickers, two annual hang tags, or one of each of the two tags. On the other hand, non -property owner residents would have only one option. With proof of vehicle registration, proof of lease, and for a fee of $250 (slightly more than $40/month), non - property owner residents would be allowed one (1) semi-annual hanging tag. This price is competitive with apartment garage parking fees, but more convenient and much less expensive than metered, mix -used fees. In summary, all of W. Lafayette from West Street to Forrest (with the exception of the three spaces on the south side of Lafayette between Campbell and Rollston), would be re- designated mixed-use parking. Property owners who reside in the Entertainment District could purchase a maximum of two annual tags for $100. Non -property owners who reside in the Entertainment District would be eligible to purchase one semi-annual hang tag for $250 ($500 annually). Thanks for allowing my input. I think I speak for the other owners of the condos at 305 W. Lafayette when I say, we want to do what's best for the City - while protecting what little sanctuary we have left! Respectfully, G. Allen Hale (c) 817.727.2340 Sent from my iPad From: Parking To: Clay, Justin Subject: Fw: Mixed Use Parking Date: Tuesday, July 16, 2019 12:10:57 PM From: Bridewell<bridewellattorneys@sbcgloba1.net> Sent: Tuesday, July 16, 2019 11:12 AM To: Parking Subject: Mixed Use Parking Justin Clay Parking Manager City of Fayetteville Re: Mixed Use Parking Dear Mr. Clay, I own a residence at 221 N. Locust and I object to the mixed use parking. My basis is that I am 66 yrs old and have difficulty finding a parking spot as it is. I like to park near my place since I have had two knee replacements. Too much traffic on the street already. On March 15, 2018, a fast moving vehicle left Dickson Street striking my daughters red Honda in the rear as it was parked lawfully in a proper space causing $13,000 worth of damage. This was a hit and run accident. It would appear the person striking the automobile was driving too fast on this crowded street and/or had too many beverages on Dickson Street resulting in his/her leaving the scene of accident. If you would like to see photos please advise. For the above reasons, I object to the mix use parking. Should you have any questions, I can be reached by cell at 870-265-1788. Cordially, Robert G. Bridewell RGB/Ijo Linda Jo Armstrong Robert G. Bridewell Attorney, PLC PO Box 391 Lake Village, AR 71653 870-265-3835 870-265-3140 fax NOTICE: This e-mail message or fax transmission and any attachment contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail, fax or any attachments to it. If you have received this email or fax in error, please immediately notify us by return email or by telephone at 870.265.3835 and delete this message. Please note that if this email message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by Robert G. Bridewell Attorney, PLC. This notice is automatically appended to each email or electronically produced fax message leaving Robert G. Bridewell Attorney, PLC. Thank You! From: Parking To: Clay, Justin Subject: Fw: Parking Date: Tuesday, July 16, 2019 2:38:03 PM From: gjiles@millarjileslaw.com <gjiles@millarjileslaw.com> Sent: Tuesday, July 16, 2019 1:53 PM To: Parking Subject: Parking Dear Sir/Madam, I am a property owner and resident of 221 North Locust, Unit 2, Fayetteville, Arkansas. It is often very difficult to find parking on Locust Avenue from Dickson Street to Spring Street, and will become even more difficult in the event that parking on Locust Avenue from Spring Street to Center Street is converted to "mixed use" use parking. Between Walton Arts Center Events and nightlife parking, often times you cannot find parking for the residence and guests in our townhomes. If parking becomes mixed-use, the residents, tenants and guests from Spring Street to Center Street will begin parking on Locust between Dickson and Spring Street making our ability to park almost impossible. One of the reasons we choose to live where we live is the reserved spots for residents only. If you take that away, you not only decrease our property values, you also, make it to where ourselves and our guests will dine and shop less often in the area. Please do not allow this change. Gary D. Jiles MILLAR JILES, LLP Attorneys At Law The Frauenthal Building 904 Front Street Conway, Arkansas 72032 Phone: (501) 3291133 Fax: (501) 329-1166 Email: gjiles(@millarjileslaw.com The information contained in this electronic message contains confidential information protected by the attorney-client privilege, the attorney work product privilege and is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2521. It is intended solely for the addressee(s) hereof and privileges are not waived by transmission hereof and receipt by unintended persons. If this transmission is received in error, please delete the message immediately, without review, copying, printing, or retransmission and notify us by return email or by phone at 501.329.1133. Please note that, if this electronic message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or attachments may not have been produced by Millar Jiles, LLP. Receipt of electronic mail or reply to electronic mail does not establish an attorney-client relationship between sender and recipient. This notice is automatically appended to each electronic message from this sender. WE ARE REQUIRED BY IRS CIRCULAR 230 TO INFORM YOU THAT ANYSTATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY YOU OR ANY OTHER TAXPAYER FOR THE PURPOSE OF AVOIDING ANY PENALTIES THAT MAY BE II►►II'71�y��lllJ1�7�:�y��7�:7_�1�r�E1/_�1� From: Parking To: Clay, Justin Subject: Fw: Opposition to change in parking along Locust from Dickson to Center Date: Tuesday, July 16, 2019 2:40:43 PM From: Cathy Gates <cathyrgates@outlook.com> Sent: Tuesday, July 16, 2019 2:19 PM To: Parking Subject: Opposition to change in parking along Locust from Dickson to Center In reference to your correspondence dated July 9, 2019, we are opposed to a change from residential -only to mixed use parking on Locust from Spring to Center. We have a residence at 221 N. Locust. As you are aware, there are a number of multi -family dwellings along this corridor. Any decrease in residential -only parking spaces would potentially result in a decline in our property values and cause a great inconvenience for those that reside along this corridor. We have a strong preference that parking along Locust from Dickson to Center remain residential only. Thank you for your consideration. Cathy Rogers Gates 2740 East 41st Street Tulsa, Oklahoma 74105 cathyrgates(@outlook.com 918 671 7343 From: Parking To: Clay, Justin Subject: Fw: parking changes Date: Tuesday, July 16, 2019 3:25:34 PM From: Christy Bray <christybray@sbcgloba1.net> Sent: Tuesday, July 16, 2019 2:46 PM To: Parking Subject: parking changes I object to changing any street parking on Locust St. to mixed use. These areas seem only stressed on game days or large gathering days. All other times there are many open spots and the Spring St. parking deck is available. On big event days there is never enough parking and often I have to walk a long ways to my house. This affects my property values as well. Adding more public parking here on big event days will make this even more of an issue. Please do not change Locust St. parking to mixed use. Christy Bray 221 N. Locust St., #6 501-517-4683 christybray@sbcgobal.net Mail - jclay@fayetteville-ar.gov Fwd: Parking on locust Jeremy Hudson <jeremy@specializedreg.com> Tue 7/16/2019 9:05 PM TaClay, Justin <jclay@fayetteville-ar.gov>; Justin, meant to cc you on this Page 1 of 1 ---------- Forwarded message --------- From: Jeremy Hudson < ieremy@specializedreg.com> Date: Tue, Jul 16, 2019, 7:34 PM Subject: Parking on locust To: Matthew Petty <matt@matthewpetty.orci>, Matthew Petty <matthew@infill_crl oup.com>, < ward2 post@fayetteville-ar.gov> Mark and Matthew, Just a note to say I support making the parking on locust available for residential and business purposes. As a business owner in the area, the parking, which is almost completely empty during the day, would help our business continue to grow and add employment to the downtown economy. Sincerely Thank you https://outlook.office365.com/owa/?path=/mail/inbox 7/17/2019 W Maple St --------- Univ. Washington Baptist Elementary -:ea, n Ch. UNIVERSITY OF ARKANSAS VV Dick r Q Villiam Sr- tivritcSlue �. Evergreen Cemetery I s "' � � � I% �' ■1 M • t � i ED Proposed Entertainment District rn Adopted Cultural Arts 1---' District Building MSC D E' Ce Downtown Square .SII , n 0.125 1 ti • v 1 1 1 1 Q E 4th St 1� LL ;. 1 �n j 1 Q Q 1 ,c f O 1 1 CD i1 Ln — 0 U 1 � u a 1 L ------------------------------- ----------------------------- 0.125 Exhibit I Entertainment District With Zoning - Fayetteville, AR 0.25 0.5 Mile CITY OF FAYETTEVILLE ARKANSAS TM al. cenblrntl Mrnb 11" oomylbtl Irom rlrbul lour -1 for Ih1 ewe ux 1ntl Mnru a11ti Cry 11 r —Ilk C•nl NP4 IMhx-Ibn tr - "a Iti f++Ne epwG+. I. I a •m xr until mle by 1nr.�n oln+r fire Ifi. tr'+ry or F h—W w n Ilw. 1u1. ilu nl Iln k..r. ma-rrlrns. .1bn ars., n1 urcr Moe.. hbro-r ntlKi t I IM , J of t•1yetllMie rmf hNJ iM1a f.r w F1y1•rrak tl-rNr- Mem 1m! wMheul I.wW int l �1imr.. m11 lar tlarlslpr Mf M nllww. ncl�nip M1 cllyr 1oM al aprrrrf, rruan. M u1r or M m.IPo1i rriNrq fiv- IM ». el br d•b. ire Ctly W F1i—M. -M11 norcWp or d h—wrrnebx wMh robnn- b 1M GI1 No wont, pb111, or cbuw buntl hlnb eMll b wxtrultl to w1Nw Ih11 btl mmunMy 1111or1h antler Arbmrl bw Dislncl G� (J _/ -7z,./g August 20, 2019 G. Allen Hale 305 W. Lafayette St Fayetteville, AR 72701 Dear Sir or Madam: In addition to changing street segments of Vandeventer, Lafayette, and Church from paid - only to mixed-use parking, the City Parking Department's letter dated July 9, 2019 proposed the change in designation from residential -only to mixed-use parking on Lafayette from Campbell to Forrest. On behalf of the owners of the six properties located at 305 W Lafayette, I respectfully request that the three residential -only spaces (R 93, R 94, and R 95) located on the the south side of Lafayette between Campbell and Rollston not be changed to mixed-use parking (see attachment #1). Changing the spaces to mixed-use parking would create an undue risk and hardship on the owners, our families, and our guests. I understand, appreciate and support the Parking Department's efforts to increase available parking in underutilized areas. While the City's Parking Staff deals with all of Fayetteville and has been studying the parking situation for over two years, I have been studying the parking situation on Lafayette for the last 15 years - day, night, weekday, weekend, Homecoming, and Bikes, Blues, and BBQ! When my wife and I bought the condo on Lafayette, each of the six owners was deeded one parking space in the area adjoining the property on the east side. Although every owner had two cars, parking wasn't an issue. All of Lafayette was mixed-use. The University Baptist Church (UBC) owned two buildings and a huge parking lot on the corner of Campbell and Lafayette. Anyone could park there anytime (except on Sunday morning). FREE Parking! Billy Currington had a hit song on the country charts called 'People Are Crazy.' The last line of the chorus goes something like, "God is great; beer is good; and people are crazy." His sequel "People Are Lazy" never made it to #1 on the charts, but is a well known, documented fact. 'God is great' and I never thought that UBC would sell us out. But they did. When the construction started on the Sterling (now YOUnion) Apartments and the Church lot closed, parking on Lafayette (and in the North Zone of the Entertainment District) became a nightmare. 'Beer is good' on Dickson St and it didn't take people long to figure out that the shortest distance from Lafayette to Dickson was by parking in front of 305 W Lafayette - after all, 'people are lazy.' Fortunately, the City soon implemented its Entertainment District parking plan. We, like most residential areas within the designated area, were allocated residential - only parking spaces. As tax -paying home -owners, our much deserved spaces were protected. This was short-lived, as the residents of Sterling (a.k.a. YOUnion) were allowed access to 'residential' permits. Once again, the shortest distance between residential parking on Lafayette and the YOUnion Apartments [the real elephant in the room (and in the North Zone of the Entertainment District)] is in front of 305 W Lafayette! I have gone weeks unable to park in front of my own property - all because the 'residents' of the YOUnion are either too cheep to pay for apartment parking or too lazy to walk an extra 30 feet. Owners of our six properties range in age from 62 to 72. Because we're isolated between Campbell and Rollston; and, if one of our three spaces isn't available, we are forced to carry groceries, wheel elderly family members, and/or push grandkids in baby strollers across Lafayette, Campbell, and/or Rollston. I shouldn't have to remind you how dangerous it can be (for anyone at any age) attempting to cross busy streets with distracted or impaired drivers. To make matters worse, there are no crosswalks on Lafayette - no blinking lights to indicate pedestrian right of way. Here's the bottom line.... R 93, R 94, & R 95 is a unique, isolated situation. We're only asking for three of the more than 70 spaces that are to be designated as 'mixed- use.' This is small and insignificant in the overall scheme of things in the North Zone of the Entertainment District. Yet, keeping them 'residential -only' is meaningful and consequential to us. Keeping R 93, R 94, & R 95 'residential -only' is consistent with designated spaces on Rollston. Designation would conform with current markings on Rollston (see attached photo). As a veteran, as a tax payer, as a property owner and as a long time resident on W Lafayette, I respectfully request that the three residential -only spaces (R 93, R 94, and R 95) located on the the south side of Lafayette between Campbell and Rollston not be changed to mixed- use parking. If R 93, R 94, and R 95 are changed to mixed-use, our fear is that we will not have access to the three spaces in front of our properties before our kids move us to Butterfield Trail Village! Respectfully, G. Allen Hale LtCol USMC(Ret) Parking *4; Find address or place Q 1 -1 l� 476 8/17/19, 1:23 PM 210 206 202 112 5 4 3 445 W Mount Nord St 413 t 411 11 117 1' 306 1 210 1220 702 200 136 132 120 116 11. _ ,f"yette St � � � "aii mma �. =•ter 305 "141,1� 211 '`07 189 19197 195 193 201 199 305 0 O Sterling 353 V1 352 353 District 349 0 350 118 116 114 112 108 106 104 345 Apartments Z 347 346 376 341 340 341 129 125 121 117 129 107 339 337 334 335 333 330 250 226 224 222 1116 114 106 -mom Legacy Building 253 251 ^n �- 2001E City of Fayetteville, AR: https://maps.fayetteviIle-ar.gov/viewer/index.htm 11webmap=e9aa8a59892a48479f085778c9d3774c Page 1 of 1 ! I �' r • ^T� {.11''Y � � � � L � �rr" J � � l�r� � � � � � _ 1 j � '� . �3 � �_ � � r5 ],,"Y ��, ���r�; i` r!i! j„ Y� � �f� rk � `.i•m - I����� � �J4�. � ���' � �` .fit rc �� * 1+ � ' �� � "�f�' i � '•'� � � �, +' f J � � � � � � Qrjy P i � 1 y�i '"rte .d .w ,i�• ��' n _ " { + , •f PPP �1 � 10 [ � d*j r � -'� •. �f + V if �' 4 ., �' �. i ''4 � r ,T' - F { �n'S ^ «. a •yi r ON I" CityClerk From: CityClerk Sent: Tuesday, August 20, 2019 8:16 AM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; 'citycouncil@matthewpetty.org'; Marr, Don; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Henson, Pam; Mulford, Patti; Norton, Susan; Smith, Sondra; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Subject: FW: Proposal for Mixed Use Parking on Lafayette St Please send to council. Thanks. Patti From: Brandon Russell <bkrusse@gmail.com> Sent: Monday, August 19, 2019 9:00 PM To: Mayor <Mayor@fayetteville-ar.gov> Subject: Proposal for Mixed Use Parking on Lafayette St Mayor Lioneld Jordan, I own a property on Lafayette St in the entertainment district that currently has a residential parking program to protect parking for residential neighborhoods. The council is looking to change the parking to mixed used based on a parking study that indicated that the parking on Lafayette St is not always at full capacity. It is not ideal to base policy on one study as there are many factors that need to be considered. Here are a few points for consideration: • The study identified that, on average, the parking is only at roughly half capacity. As someone who has lived on the street for almost a decade I disagree with the study but there are usually open spaces. The problem with the recommendation of the study is that is recommended to turn all spaces to mixed use despite the fact that roughly half of them are still needed for the residents. A portion of Lafayette St is already paid parking. A better solution would be to see if there is an opportunity to allocate some spaces to mixed use while leaving others (as the study indicated residents were using) for the residents. • Due to the geography of Mt Nord there is a significant incline starting on properties on the north side of the street. This created the need for a —6 ft tall retaining wall. There is a historic stone wall running along most of the north portion of the street. Due to the wall and incline there are many properties that cannot have a driveway and have historically used the side of the street (where parking spots currently are) as their drive way. I counted 13 properties that do not have driveway access from Lafayette St. These are single family homes that rely on street parking as their only means of parking. • Consider this: It is Bikes Blues and BBQ and a parent who lives off Lafayette St gets off work, picks up 40lbs of groceries, picks up two kids and heads home. All the street parking is full of bikes and cars for 5 days straight. There is absolutely no option to park near the single family home. The parent has to drive a mile and pay $20 to park in a lot and then walk one mile with 40lbs of groceries and two kids in the middle of a motorcycle rally. There is a doctor's appointment in two hours for one of the kids. This is the reality of what would happen if the council passes this measure. Remember, these are single family homes not apartment complexes or commercial buildings. The parking dept. will still allow people to use residential passes but that does not help when there is no parking available. • Most of the homes off Lafayette are zoned NC or Neighborhood Conservation. The goal of this strict zoning is to preserve the nature of the historic neighborhood and to maintain a neighborhood feel. Implementing mixed parking in this area is inconsistent with the goal of its zoning. Rowdy people leaving Dickson St at 2 am walking to their car parked the middle of the neighborhood is not consistent with preserving a neighborhood feel. • There will be a significant impact to other streets that the parking study identified as being at full capacity. The study identified that, on average, roughly half of the residential parking spaces on Lafayette St. were occupied. That is still a significant amount of vehicles. In the event that the parking on Lafayette St is at capacity people with residential parking passes will overflow other streets that are under the residential parking program. Now you have a situation where other streets are beyond capacity. This is not fair to the people on those streets that rely on residential parking. Also note that it is likely that a number of people who rely on residential parking on Lafayette St will start parking on Mt Nord St in the heart of the historic district. There are also houses on Mt Nord St that solely rely on street parking. This is certainly not an ideal situation for residents in the historic district. It appears the parking study did not account for this. • This could make it much more difficult to rent or sell a property on Lafayette St. For properties that rely solely on street parking this could have a significant impact on rent/property value. This would be highly unfair to property owners who not only invested in downtown Fayetteville but the historic Mt Nord area. I know this is lengthy but there is a lot to consider here. When the city implemented the parking program almost a decade ago the residential parking program was implemented because the city identified the need to protect the parking in the residential districts. This is not a fair solution to the parking situation on Lafayette. Let's be proactive and come up with a better, fairer solution as opposed to being reactive down the line when this proposal does not work. I highly urge the council to not allow this measure to pass. I thank you for taking the time to read this and for your consideration. Please reach out with any questions. Best Regards, Brandon Russell 112 W Lafayette St As Engrossed: H3/28/19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SB492 /s/T. Garner APPROVED: 4/9/19 3 03-28-2019 10:51:42 BPG340 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 frill (479) 575-8323 Text File File Number: 2019-0471 Agenda Date: 9/17/2019 Version: 1 Status: First Reading In Control: City Council Meetinq Agenda Number: B. 4 BUFFINGTON WEIR, LLC: File Type: Ordinance AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BUFFINGTON WEIR, LLC, FOR THE INSTALLATION OF A WATER MAIN ALONG A PORTION OF RUPPLE ROAD, WITH THE ESTIMATED AMOUNT OF $206,070.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $30,900.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Buffington Weir, LLC received Planning Commission approval to develop property located along a portion of Rupple Road; and WHEREAS, an 8 -inch water main would be sufficient to serve the development, but this portion of Rupple Road is shown in the Water Master Plan as a portion of the 12 -inch grid to serve this area of the City; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide an extension of the 12 -inch grid, will provide ample future capacity which the City recognizes will be necessary for the area that is served by this water main, and construction will be less expensive and less disruptive if done by the developer's contractor during the construction of the subdivision and Rupple Road; and WHEREAS, § 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size that is larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign a cost share agreement with Buffington Weir, LLC for the installation of a 12 -inch water main along a portion of Rupple Road with the estimated amount of $206,070.00 to be paid by the City of Fayetteville, and further approves a project contingency in the amount of $30,900.00. City of Fayetteville, Arkansas Page I Printed on 9/5/2019 File Number: 2019-0471 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. City of Fayetteville, Arkansas Page 2 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0471 Legistar File ID 9/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 8/8/2019 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a Cost Share Agreement with Buffington Weir, LLC in the amount of $206,070.00 for the installation of a 12" water main along Rupple Road between Tanyard Drive and Weir Road, approval of a project contingency of $30,900.00, and approval of a budget adjustment. V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Total includes the project contingency of $30,900.00. Budget Impact: 5400.720.5600-5808.00 Water and Sewer Account Number Fund 12009.1 Water System Rehabilitation/Replacement Project Number Project Title Budgeted Item? Yes Current Budget $ 8,727,307.00 Funds Obligated $ 2,818,690.46 Current Balance 5,908,616.54 Does item have a cost? Yes Item Cost $ 236,970.00 Budget Adjustment Attached? Yes Budget Adjustment $ 236,970.00 Remaining Budget 5,908,616.54 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Approval Date: Comments: Total includes the project contingency of $30,900.00. CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 3, 2019 TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Tim Nyander, Utilities Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: August 8, 2019 CITY COUNCIL MEMO SUBJECT: Water Main Cost Share, Magnolia Park Subdivision RECOMMENDATION: Staff recommends the approval of a Cost Share Agreement with Buffington Weir, LLC in the amount of $206,070.00 for the installation of a 12" water main along Rupple Road between Tanyard Drive and Weir Road, approval of a project contingency of $30,900.00, and approval of a budget adjustment. BACKGROUND: On October 23, 2018, the City Council approved a cost -share with Buffington for the construction of Rupple Road in association with the annexation and development of a 68.65 acre residential subdivision along the future portion of Rupple Road between Tanyard Drive and Weir Road. On March 25, Buffington received Planning Commission approval for the construction of this proposed subdivision and will be installing new 8" water mains within this development. DISCUSSION: This portion of Rupple Rd. is shown in the Water Master Plan as a portion of the 12" grid to serve this area of the city. The City of Fayetteville would benefit from the cost share as it will provide an extension of this 12" grid and the construction will be less expensive and less disruptive if done during the construction of the subdivision and Rupple Road. The City will be paying for 100% of the construction of this 12" water main and the developer will be responsible for 100% of the construction within the Magnolia Park Subdivision. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: This project is funded by the Water Impact Fee Improvements Fund. Water Impact Fee Improvement budgeted funds will be transferred to the Water System Improvement/Replacement project to cover the cost of this project. Attachments: Cost Share Agreement Engineer's Cost Estimate Vicinity Map Budget Adjustment CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN INSTALLATION COSTS This Agreement, made and entered into on this 3rd day of September, 2019, by and between the City of Fayetteville, Arkansas ("City") and Buffington Weir, LLC (`Buffington"), witnesseth: WHEREAS, on October 23, 2018, the City Council approved a cost -share with Buffington for the construction of Rupple Road in association with the annexation and development of a 68.65 acre residential subdivision along the future portion of Rupple Road between Tanyard Drive and Weir Road: and WHEREAS, on March 25, Buffington received Planning Commission approval for the construction of this proposed subdivision and will be installing new 8" water mains within this development; and WHEREAS, this portion of Rupple Rd is shown in the Water Master Plan as a portion of the 12" grid to serve this area of the city; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide an extension of this 12" grid and the construction will be less expensive and less disruptive if done during the construction of the subdivision and Rupple Road; NOW, THEREFORE, the City of Fayetteville, Arkansas and Buffington Weir, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Buffington Weir, LLC for 100% of the cost to install approximately 2,000 linear feet of 12 -inch water main in the area identified in Attachment "A" up to a maximum -not -to -exceed amount of $206,070.00 with a contingency fund not -to -exceed $30,900.00 as was estimated by the builder's representative and shown on Attachment `B", attached. B. Remit payments due to Buffington Weir, LLC within sixty (60) days after receipt of valid invoices. 2. Buffington Weir, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. C. Pay for the water main installation (with reimbursement of 100% of the cost by the City of Fayetteville in a not -to -exceed amount of $206,070.00 with a contingency fund not -to -exceed $30,900.00. It is further understood that the contract for construction of the water main upgrade is between Buffington Weir, LLC and its Contractor and that the City has no contractual obligation with either the Contractor or the Engineer. The City's only obligation shall be to participate in this agreement with a not -to -exceed reimbursable amount of $206,070.00 for the water main installation, with a contingency fund not -to -exceed $30,900.00. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: BUFFINGTON WEIR, LLC, By: — yal 610 ATTEST: By: V ' CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST: SONDRA SMITH, City Clerk EXHIBIT A ENGINEER'S ESTIMATE Water Line (City Only Cost) 12" PVC Class C900 DR14 Class 305 Water Main 2,002 L. F. $60.00 $120,120 8" PVC Class C900 DR14 Class 305 Water Main 265 L. F. $40.00 $10,600 12"x8" Cross 1 EA. $1,500.00 $1,500 12"X8" Tee 2 EA. $1,000.00 $2,000 8"x8" Tapping Sleeve and Valve 1 EA. $3,500.00 $3,500 8"x12" Reducer 1 EA. $750.00 $750 8" Gate Valve 6 EA. $1,750.00 $10,500 12" Butterfly Valve 5 EA. $2,000.00 $10,000 12" Plug 1 EA. $500.00 $500 Fire Hydrant Assembly 4 EA. $5,000.00 $20,000 8"x22.5 Degree Bend 2 EA. S75C.00 $1:500 12"x45 Degree Bend 2 EA. $750,00 $1.500 Single Set Water Service (Near Side) 2 EA. $1,000.00 $2,000 24" Steel Casing 40 L. F. $100.00 $4,000 16" Steel Casing 140 L.F. $90.00 $12,600 nspec ion an esting o Water Lines an erwce Lines 1 L SUM 5,000.00 5.000 Water Line Total $206,070 M w R Will 0? -,4 0 ?VAM BLUEGRASS PLACE COST SHARE AREA 300 0I I 300 EXHIBIT B North Rupple Road 0 PROJECT LOCATION .... ........... IL I North Rupple Road r if North Salem Road EXHIBIT B North Rupple Road City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 WASTEWATER TREATMENT (730) 2019 Requestor: Cheryl Partain BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A Budget Adjustment is needed in the Water System Rehabilitation/Replacemnt project to fund the cost share for the 12 inch water main on Rupple Road. Budgeted funds from the Water Impact Fee Improvements Project will be transferred to this project to cover the cost of this item. This cost share project meets the requirments for utilizing impact fee fund budgeted funds.. COUNCIL DATE: LEGISTAR FILE ID#: 9/3/2019 2019-0471 L i�k H u tche rw 8/15/2019 10:20 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: TOTAL Account Number 473,940 473,940 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190516 Account Name 5400.720.5600-5808.00 236,970 - 12009 1 EX Water Line Improvements 5400.720.5600-6602.30 2300.720.9300-7602.40 236,970 236,970 - 12009 1 RE 07002 1 EX Transfer from Fund - Impact Fee Transfers To Funds - Water & Sewer Func 2300.720.9300-4999.99 - 236,970 RE Use Fund Balance - Current H:\Budget Adjustments\2019_Budget\City Council\09-03-2019\2019-0471 BA Buffington Weir, LLC 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0543 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C. 1 FAYETTEVILLE PUBLIC SCHOOLS RESOURCE OFFICERS: A RESOLUTION TO AUTHORIZE THE ADDITION OF 2.0 FULL TIME EQUIVALENT POSITIONS TO THE POLICE DEPARTMENT TO PROVIDE TWO ADDITIONAL SCHOOL RESOURCE OFFICERS ASSIGNED TO THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the Fayetteville Police Department has provided school resource officers to the Fayetteville Public School District for approximately twenty years; and WHEREAS, the District has requested that the City add two more school resource officers in addition to the five currently serving in the District with the City receiving reimbursement for approximately two-thirds of the costs associated with the increased personnel count. 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 addition of 2.0 full time equivalent positions to the Police Department to provide two additional school resource officers assigned to the Fayetteville Public School District. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Paye I Printed on 9/5/2019 Greg Tabor Submitted By City of Fayetteville Staff Review Form 2019-0543 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/28/2019 Submitted Date Action Recommendation: POLICE (200) Division / Department Staff recommends approval for two (2) additional School Resource Officers (SRO) assigned to the Fayetteville Public Schools (FPS) through an expansion of sworn personnel to include one (1) sergeant and one (1) officer position and budget adjustment in the amount of $64,408 to fund the expansion of two (2) FTE positions for the remainder FY2019. 1010.200.2900 -various Account Number Project Number Budgeted Item? No Does item have a cost? NA Budget Adjustment Attached? Yes Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget General Fund Project Title $ a f $ 64,408.00 $ 64,408.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: M CITY OF FAYETTEVI LLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police DATE: August 29, 2019 SUBJECT: Two (2) Additional School Resource Officers CITY COUNCIL MEMO RECOMMENDATION: Staff recommends approval for two (2) additional School Resource Officers (SRO) assigned to the Fayetteville Public Schools (FPS) through an expansion of sworn personnel to include one (1) sergeant and one (1) officer position and budget adjustment in the amount of $64,408 to fund the expansion of two (2) FTE positions for the remainder FY2019. BACKGROUND: Fayetteville Police Department (FPD) has provided SROs to FPS for approximately 20 years. In the early 2000s, we provided two (2) SROs to FPS where FPS paid the salaries and FPD paid the benefits. In 2013, we were able to add three (3) SROs assigned to the FPS via a Community Oriented Policing grant with FPD and FPS sharing the proportionate local match requirements based on number of days in the school year. When grant funding ended in 2017, the 5 SROs continued their assignments to FPS with cost sharing arrangements based on 178 days at FPS and 82 days at FPD. Today, FPD maintains 5 SROs assigned to FPS. DISCUSSION: A request for two (2) additional SROs, for a total of seven (7), has been made by FPS for expanded school coverage. Current FPD staffing levels do not allow for additional SROs to be assigned without increasing FTEs. FPD is requesting approval of a sergeant and officer positions to meet the law enforcement presence needs for FPS. A sergeant position is necessary to meet the supervisory needs of the SRO Program and be the daily point of contact for FPS Administration. Our tentative implementation timeline for the new SROs is to assign a sergeant to FPS on November 1, 2019 and assign the officer on January 6, 2020; this timeline is contingent on staffing levels. BUDGET/STAFF IMPACT: The annualized full cost budgeted expense for these two (2) SRO positions total $196,679 with FPS reimbursing $134,649 resulting in --a net increase of $62,029. Staff requests approval of a budget adjustment in the amount of $64,408 for the expansion of two (2) FTE positions to be funded for the remainder FY2019. Attachments: Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 POLICE (200) 2019 Requestor: W. Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish budget for the 4th quarter of FY2019 for 2 additional SRO positions. COUNCIL DATE: LEGISTAR FILE ID#: 9/17/2019 2019-0543 L ik H "tiJw4i k 8/29/2019 9:15 AM RESOLUTION/ORDINANCE Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number 64,408 64,408 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20190816 Account Name 1010.200.2940-4401.05 - 28,864 RE Reimbursements - SRO Salary 1010.001.0001-4999.99 1010.200.2940-5102.10 - 24,607 35,544 - RE EX Use Fund Balance - Current Uniformed Salaries - Uniformed 1010.200.2940-5102.15 1010.200.2940-5109.03 1,139 6,654 - - EX EX Uniformed Salaries - Premium (Holiday) Pension - LOPFI Police 1010.200.2940-5302.00 32,008 - EX Uniforms/Personal - Equipment H:\Budget Adjustments\2019_Budget\City Council\09-17-2019\2019-0543 BA New SRO's 2019 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0570 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C. 2 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71B IMPROVEMENTS PROJECT WHEREAS, the Arkansas Department of Transportation (Department) has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (City) has requested that the Highway 112 widening project be extended to Howard Nickell Road; and WHEREAS, the Department has agreed to extend Job 040746 to Howard Nickell Road and will construct intersection improvements at Howard Nickell Road in this project with consideration given to the inclusion of a roundabout; and WHEREAS, the Department will handle all phases of Job 040746 and provide all necessary funding less the $350,000.00 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the municipalities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and WHEREAS, the Department previously agreed to undertake necessary pavement and bridge preservation on Highway 71B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 71B available to the City for their use along the corridor in lieu of a resurfacing project; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to City of Fayetteville, Arkansas Page 1 Printed on 91512019 File Number: 2019-0570 the Highway 7 1 B interchange with North Fulbright Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. 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 of Fayetteville to participate in accordance with its designated responsibilities in the Highway 112 - Truckers Drive to Van Asche Drive Improvements Project and the Highway 7 1 B Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan or his designated representative to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby indicates its willingness to proceed with the projects and hereby proposes that the Department initiate action to implement these improvements. City of Fayetteville, Arkansas Page 2 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0570 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 8/30/2019 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an Agreement of Understanding between the City and the Arkansas Department of Transportation relative to improvements to Highway 112 and the Transfer of Ownership of Highway 71B Budget Impact: Account Number Project Number Budgeted Item? No Current Budget Funds Obligated Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Fund Project Title Current Balance Item Cost Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Chris Brown, City Engineer DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: Agreement to Accept Jurisdiction of Hwy 71 B from ArDOT RECOMMENDATION: Staff recommends approval of a resolution accepting jurisdiction of Highway 71 B, between South Fulbright Expressway and North Fulbright Expressway, from the Arkansas State Department of Transportation (ArDOT). BACKGROUND: Highway 71 B is a US Highway under the jurisdiction of ArDOT. As such, ArDOT has full control over everything in their right of way, and anything that the City or adjacent property owners wish to do within the right of way must be approved by ArDOT. ArDOT has rigid rules and procedures that they must follow, and must require the City to follow, with respect to their rights of way. These rules and regulations have limited the City's ability do such things as add sidewalks, increase the number of crossing locations for pedestrians by adding traffic signals or other crossing enhancements, install medians and street trees, reduce lane widths, reduce the number of lanes, reduce speed limits, etc. DISCUSSION: The Highway 71 B Corridor study that began last year has identified multiple opportunities to make Hwy 71 B more livable, and to spur development and redevelopment partly through structural changes to the street. As detailed above, many of these structural changes would be difficult or impossible while 71 B is an ArDOT facility. Therefore, late last year, staff met with ArDOT officials and began discussing a framework whereby the City could take over jurisdiction of Highway 71 B. Initially, City staff requested that capital funding for improvements be part of the exchange. However, since 71 B is a 4 -lane facility, and is not an ArDOT priority for further capacity improvements, ArDOT staff indicated that capital funding would not be available, but that the estimated cost of required maintenance ($1.5 million) could be made available for use by the City. In addition, ArDOT proposed to expedite construction on the Highway 112 corridor, between Truckers Drive and the City limits, and to design bicycle and pedestrian improvements per the City's master plans and in accordance with the latest versions of federal guidance with Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 respect to these facilities. The Highway 112 project is an estimated $10+ million investment that completes a long section of the arterial loop. In summary, major components of the agreement to take over Highway 71 B include: • ArDOT will make $1.5 million available to the City for improvements to 71 B. This funding is unrestricted and may be used for any project that meets federal aid funding criteria. • ArDOT will complete widening and improvements to Hwy 112 between Truckers Drive Oust north of Sam's Club) to the City limits • The City will contribute the $350,000 ($280,000 in federal aid plus $70,000 in City matching funds) already received for Highway 112 through the STBGP program administered by the Northwest Arkansas Regional Planning Commission • The City will take over jurisdiction of Highway 71 B from the South Fulbright Expressway to the North Fulbright Expressway (a total of 6.5 miles) In total, ArDOT will invest an estimated $12 million in capital funds as part of the agreement. The City will incur future maintenance costs for Highway 71 B, with the largest cost being for pavement maintenance and overlays. The City is already responsible for maintaining signals, and for maintenance of existing sidewalks and trees. BUDGET/STAFF IMPACT: In the short term, funding for the payment to ArDOT for 112 improvements ($70,000) will be paid as previously approved. Long term, the Transportation Division will be responsible for maintaining 71 B; funding will come from the yearly budget for street maintenance. The cost of an overlay (estimated at $2.5 million in 2019 dollars) would be expected to be incurred approximately every 15 to 20 years on average. Attachments: Agreement with ArDOT and attachments AGREEMENT OF UNDERSTANDING BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION RELATIVE TO: Design and construction of Job 040746, Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) and Highway 71B Improvements. WHEREAS, the Arkansas Department of Transportation (hereinafter called the "Department") has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (hereinafter called the "City") has requested that the widening project be extended to Howard Nickell Road and that a roundabout be considered at this intersection; and WHEREAS, the City has also requested that the Department make available the $1.5 million dedicated to pavement and bridge preservation on Highway 71B to the City in lieu of construction of a preservation project; and WHEREAS, the City requested that the Department conduct a study to determine the feasibility of a signalized intersection, or roundabout, at the northern intersection of Highway 7 1 B and the Fulbright Expressway; and WHEREAS, the Department has agreed to handle all phases of Job 040746 and provide all necessary funding less the $350,000 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 71B interchange with North Fulbright Expressway; and WHEREAS, the City has agreed to commit $350,000 towards the extension of the Highway 112 widening project and to accept ownership and responsibility for Highway 71B from its junction with South Fulbright Expressway to North Fulbright Expressway; and WHEREAS, the City has passed Resolution No. authorizing the Mayor to enter into agreements with the Department for the projects; and WHEREAS, Arkansas State Highway Commission Minute Order No. 2019-012 has authorized the Director to enter into the necessary agreements with the City. WHEREAS, it is understood that the City and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business -1- Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and related to the potential availability of DBEs in desired areas of expertise. IT IS HEREBY AGREED that the City and the Department will accept the additional responsibilities and assigned duties as described hereinafter. THE CITY WILL: I. Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. When requested, provide the Department with funding for Job 040746 in an amount not to exceed $350,000. 2. Work with the Department to develop an access management plan to enhance safety and mobility. Il. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in Federal -aid funding administered by the Department (hereinafter called the "Project"). 1. Accept ownership of Highway 71B from its junction with South Fulbright Expressway to North Fulbright Expressway. 2. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to provide engineering services which include environmental documentation, preliminary engineering, and construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) 4. Make periodic payments to the consultant for design of the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 5. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 6. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 7. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. 8. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in compliance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non -participating in federal funds. -2- 9. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 10. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 11. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the City's clear and unencumbered title to any right- of-way to be used for the Project (See Attachments D1 and D2). NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 12. Submit plans at 50%, and 90% completion stages for Department review. 13. Submit a certification letter (Attachment E), including all items noted, to the Department when requesting authority to advertise the Project for construction bids. 14. Advertise for bids in accordance with federal procedures as shown in Attachment F. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 15. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 16. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment G), including all items noted, to the Department. 17. Notify the Department in writing who the City designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Attachment H). The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintain familiarity of day to day project operations, including project safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; • During construction, visit and review the project on a daily basis; • Review financial processes, transaction and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Direct project staff, City or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the City and consultant staff at all stages of the project. 18. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project. 19. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. -3- 20. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 21. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Attachment I). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 22. Attach LPA Report of Daily Work Performed (Attachment J) for all days that correspond with each CCRR submittal. 23. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. 24. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Attachment K). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full- time employee in responsible charge, and the City's Mayor. 25. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Project and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA-1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements. 26. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. 27. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the City's contractor on the Project shall be the sole responsibility of the City's contractor and in this regard the City shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the City with documentation of proof of liability insurance coverage with submission of the signed contract. 28. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the City, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the City. Further, the City by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass-through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The City also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass-through entity, shall not be responsible or liable for any damages whatsoever from the actions of the City, its employees, agents and contractors. 29. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 30. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 49 CFR 18.42 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Attachment L). 31. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. 32. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 33. Be responsible for 100% of any and all expenditures which may be declared non- participating in federal funds, including any such award by the State Claims Commission. 34. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment M), which is necessary for Project participation. 35. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the City, its agents, its employees, or its assigns or the City's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non - participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The City understands and agrees that the Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax allotment should the City fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. 36. Be responsible for all expenses not covered through Federal -aid highway funds administered through the Department. 37. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. -5- I. 38. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 39. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal -aid requirements may result in the City's repayment of federal funds and may result in withholding all future Federal -aid. 40. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 41. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 42. Promptly notify the Department if the Project improvements outside of the Department's right-of-way are rendered unfit for continued use by natural disaster or other cause. 43. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment N). 44. Indemnify and hold harmless the Arkansas State Highway Commission, the Department, its officers and employees from any and all claims, lawsuits, judgments, damages, costs, expenses, and losses, including those arising from claims before the Arkansas Claims Commission or lawsuits brought in any other legal forum, sustained on account of the operations or actions of the City, including any act of omission, neglect or misconduct of said City. Further, the City shall take no action to compromise the immunity from civil suits afforded the State of Arkansas, the State Highway Commission, Arkansas Code 19-10-305, or the 11th Amendment of the United States Constitution. This obligation of indemnification shall survive the termination or expiration of this Agreement. THE DEPARTMENT WILL: Be responsible for the following in relation to the widening of Highway 112 between Trucker's Drive and Howard Nickell Road (Job 040746): 1. Be responsible for all design, environmental documentation, right of way acquisition, utility relocation. 2. Accommodate bicycles and pedestrians along Highway 112 in accordance with the latest version of the AASHTO Guide for the Development of Bicycle Facilities, and the FHWA Bikeway Selection Guide. "I 3. Work with the cities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility. 4. Provide all funding necessary, other than those funds committed by the City, to extend Job 040746 to Howard Nickell Road. Intersection improvements at this intersection will include the consideration of a roundabout. 5. Advertise, award, and perform construction inspection for Job 040746. 6. Request funds from the City prior to awarding a construction contract for Job 040746. II. Be responsible for the following in relation to an improvement project along Highway 71B between South and North Fulbright Expressways that will utilize $1.5 million in federal -aid funding administered by the Department (the "Project"): 1. Remove the portion of Highway 71, Section 16B from its junction with South Fulbright Expressway to North Fulbright Expressway from the State Highway System. 2. Make $1.5 million in federal -aid funds available to the City for use along the Highway 7 1 B Corridor in lieu of pavement and bridge preservation improvements. 3. Analyze the performance of the City's proposed improvement option for the Highway 7 1 B interchange with North Fulbright Expressway. 4. Maintain an administrative file for the project and be responsible for administering Federal -aid funds. 5. Coordinate with the City to procure required professional services such as design consultants, construction engineering and inspection consultants, and right of way consultants. 6. Review environmental documentation as prepared by the City. 7. Review plans and specifications submitted by the City. 8. Reimburse the City 80% for eligible professional services, procured using Department -approved procedures, upon review and approval of reimbursement requests. 9. Notify the City when right-of-way and/or utility plans are approved and the City may proceed with right-of-way acquisition and/or utility adjustments. 10. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. 11. Advise the City when to proceed with advertisement of the Project for construction bids. 12. Review and concur in award of the construction contract for the Project. 13. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, -7- when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 14. Review and approve any necessary change orders for project/program eligibility. 15. Reimburse the City 80% for eligible construction costs approved in the CCRR form (Attachment I). This reimbursement will be limited to the funding available at the time payment is requested. If the payment requested exceeds the funding available at the time, the difference will be reimbursed as additional funds for the Project become available. 16. Subject to the availability of funding allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment K). IN WITNESS WHEREOF, the parties thereto have executed this Agreement this day of , 2019. ARKANSAS DEPARTMENT OF TRANSPORTATION CITY OF FAYETTEVILLE Scott E. Bennett, P.E. Director Lioneld Jordan Mayor Kit Williams City Attorney ARKANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF NONDISCRIMINATION The Arkansas Department of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance. Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited English Proficiency (LEP), or low-income status in the admission, access to and treatment in the Department's programs and activities, as well as the Department's hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P. McFadden Section Head - EEO/DBE (ADA/504/Title VI Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501) 569-2298, (Voice/TTY 711), or the following email address: joanna.mcfaddenkardot.gov Free language assistance for Limited English Proficient individuals is available upon request. This notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille. i RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE FOLLOWING PROJECT: Job 040746, Truckers Dr. - Van Asche Dr. (Fayetteville) (S) and Highway 71B Improvements WHEREAS, the Arkansas Department of Transportation Job 040746 to widen Highway 112 between Truckers Drive and V: and WHEREAS, the City of Fayetteville (City) has requested extended to Howard Nickell Road; and Ak� WHEREAS, the Department has agreed to extend . and will construct intersection improvements at Howard consideration given to the inclusion of a roundabout; and t) has established ve in Fayetteville; project be 40746 to Howard Nickell Road Nickell Road in this project with WHEREAS, the Department wiligIvIlLdle all phases of Job 040746 and provide all necessary funding less the $350,000 commi e City; and WHEREAS, the Departmeed to accommodate bicycles and pedestrians per the City's master plan ong High 11 ccordance with the latest versions of AASHTO and FHWA guidance; an WHEREAS, the Department has committed to work with the municipalities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; an WHEREAS, the artment previously agreed to undertake necessary pavement and bridge preservatio way 71B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 7 1 B available to the City for their use along the corridor in lieu of a resurfacing project; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 7 1 B interchange with North Fulbright Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71 B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAYETTEVILLE, ARKANSAS THAT: SECTION L• The City will participate in accordance with its designated responsibilities in this project. SECTION II: The Mayor or his designated representative is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite construction of these projects. SECTION III: The City pledges its full support and hereby requests that the Arkansas Department of Transportation initiate action to implement these improvements. THIS RESOLUTION adopted this day of _/, 201 ATTEST: (SEAL) ield Jordan Mayor City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0547 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 3 RZN 19-6748 (203 E. 13TH ST./DAVIS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC, NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0547 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/30/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 19-6748: Rezone (203 E. 13TH ST./DAVIS, 563): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for property located 203 E. 13TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.21 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF ■ FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Abdul R. Ghous, Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: RZN 19-6748: Rezone (203 E. 13TH STJDAVIS, 563): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for property located 203 E. 13TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.21 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to NC, Neighborhood Conservation, as shown in the attached Exhibits 'A' and `B'. BACKGROUND: The subject property is located at the corner of E. 13th street and S. Washington Avenue in the Burl Dodd Addition of the Walker Park Neighborhood. The property totals approximately 0.20 acres, is zoned NC, Neighborhood Conservation, and contains a single-family residential dwelling. Request: The request is to rezone the parcel from NC, Neighborhood Conservation to RI -U, Residential Intermediate - Urban. The goal is to increase density and capacity allowing development of smaller single family homes with rear entry drive. Proposed zoning is compatible with the surrounding land use. Land Use Compatibility: Land uses in immediate and general adjacency to the subject property are diverse. Although Washington Avenue is mostly single-family in character, there are examples of 2-,3-, and 4 -family dwellings throughout Walker Park. That said, existing lot sizes range from approximately 60 to over 300 feet near the subject property, which is markedly larger than the 18 - foot lot widths permitted under RI -U. All told, and with due consideration for both the potential building types and forms, staff finds that the proposed rezoning is generally compatible with adjacent land uses. Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing types while conserving the existing single-family fabric where it is intact. As stated earlier in this report, the City Council has approved multiple rezonings over the last two years allowing 2-, 3-, and 4 -family dwellings in mid -block locations amidst single-family dwellings. These recent Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 decisions are viewed by staff as a shift in the Walker Park Neighborhood Plan policies guiding staff to recommend that the current rezoning request is in-line with land use policies of the City Council. DISCUSSION: On August 26, 2019, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 7-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN19-6748 I DAVIS I EXHIBIT 'A' Close Up View 13TH ST W a 01 W w J J 0 V NS- P -1 W I 19-6748 R 11TH ST RSF-18 ELLA ST RMF -24 "R -A 11 NORTH Legend Shared Use Paved Trail Planning Area Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet Zoning Acres RI -U 0.2 Total 0.2 EXHIBIT 'B' 19-6748 112 LOTS 1-2 BLOCK 6, orf Dodd Add, including all appurtenances thereon. A15O krom as 203 E. 1 P Sbeet, FayWevil lei Arkansas 717101. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Abdul R. Ghous, Planner MEETING DATE: August 26, 2019 Updated 8.27.19 PC FWD SUBJECT: RZN 19-6748: Rezone (203 E. 13th St./Davis, 563): Submitted by Southern Brothers Construction, LLC for property located at 203 E. 1311 St. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.19 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN 19-6748 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 19-6748 to City Council with a recommendation for approval." BACKGROUND: The subject property is located at the corner of E. 13th street and S. Washington Avenue in the Burl Dodd Addition of the Walker Park Neighborhood. The property totals approximately 0.20 acres, is zoned NC, Neighborhood Conservation, and contains a single-family residential dwelling. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family residential NC, Neighborhood Conservation South Single-family residential NC, Neighborhood Conservation East Single-family residential NC, Neighborhood Conservation West Single-family residential NC, Neighborhood Conservation Request: The request is to rezone the parcel from NC, Neighborhood Conservation to RI -U, Residential Intermediate - Urban. The goal is to increase density and capacity allowing development of smaller single family homes with rear entry drive. Proposed zoning is compatible with the surrounding land use. Public Comment: Staff has not received any public comment. INFRASTRUCTURE: Streets: This parcel has frontage to South Washington Avenue and East 13th Street. South Washington Avenue is an unclassified street with asphalt paving and open ditches along the property's frontage. East 13th Street is an unclassified street with asphalt paving and curb and gutter along the property's frontage. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to this parcel. An existing 6 -inch watermain is present along South Washington Avenue that currently serves parcel 765-03364-000. An existing 1 -inch watermain is present along East 13th Street. Sewer: Sanitary Sewer is available to this parcel. An existing 8 -inch sanitary sewer main is present along South Washington Avenue and an existing 6 -inch sanitary sewer main is present along East 13th Street. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA regulated floodplains. There are no protected streams present in the subject parcel. No portion of this parcel lies within the Hillside -Hilltop Overlay District. Hydric soils appear to be present in the area. Fire: The site will be protected by Station 3, located at 1050 S. Happy Hollow Road. The property is located approximately 1.5 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the property within the proposed rezone as Complete Neighborhood Plan in association with the Walker Park Neighborhood Plan. A central goal of this plan was to preserve single-family neighborhoods while encouraging additional housing types and a mixture of uses. The plan states that the neighborhood should have a balance of non-residential uses and housing for different income levels. A major emphasis of the plan is connectivity and walkability, with a connection of the street grid and improved mobility that will unify the neighborhood over time. Since 2016, the City Council has approved multiple rezonings in the Walker Park neighborhood that permit construction of 2-, 3-, and 4 -family dwellings in mid -block locations and adjacent to single-family dwellings. Staff interprets these decisions as policy direction from the Council for the Walker Park Neighborhood and has incorporated this direction into this rezoning recommendation. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Land uses in immediate and general adjacency to the subject property are diverse. Although Washington Avenue is mostly GAETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03 Planning Commission\08-12-2019\Comments and Redlines single-family in character, there are examples of 2-, 3-, and 4 -family dwellings throughout this portion of Walker Park. That said, existing lot sizes range from approximately 60 to over 300 feet near the subject property, which is markedly larger than the 18 -foot lot widths permitted under RI -U. All told, and with due consideration for both the potential building types and forms, staff finds that the proposed rezoning is generally compatible with adjacent land uses. Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing types while conserving the existing single-family fabric where it is intact. As stated earlier in this report, the City Council has approved multiple rezonings over the last two years allowing 2-, 3-, and 4 - family dwellings in mid -block locations amidst single-family dwellings. These recent decisions are viewed by staff as a shift in the Walker Park Neighborhood Plan policies guiding staff to recommend that the current rezoning request is in-line with land use policies of the City Council. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Based on the applicant's letter, the requested rezoning is justified and needed at this time to increase options for the developer and increase the number of units possible for construction. This property is marginally larger than many along Washington Avenue, but its subdivision and redevelopment is not possible without an approved rezoning. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning and redevelopment of the property under RI -U, with its lack of density requirements, has the potential to increase traffic on Washington Avenue. That said, the size of the property, totaling less than a '/4 acre, will naturally restrict the number of potential dwellings, and thus the possibility of increased traffic danger and congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from NC to RI -U will increase the potential population density, but will not undesirably increase the load on facilities and services. As noted above, this 0.18 -acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; GAETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03 Planning Commission\08-12-2019\Comments and Redlines b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 19-6748 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: August 26th, 2019 O Tabled O'Forwarded O Denied Motion: Belden Forwarded to CC with Second: Paxton recommendation of approval Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.29 - District NC, Neighborhood Conservation o §161.12 - District RI -U, Residential Intermediate — Urban • City Fire Department memo • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03 Planning Commission\08-12-2019\Comments and Redlines 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services II Unit 28 Center for collecting recyclable materials I Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single Family 40 feet G:\ETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03 Planning Commission\08-12-2019\Comments and Redlines Two Family Three Family 80 feet 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located between Front the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of 12 feet an alley (F) Building Height Regulations. Building Height Maximum 3 storieT (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , § 1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) 161.12 - District RI -U, Residential Intermediate - Urban (A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 I City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10TThree (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. Unit 2TCity-wide uses by conditional use permit G:\ETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03 Planning Commission\08-12-2019\Comments and Redlines Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Wireless communications facilities Unit 36 (C) Density. None. (D) Bulk and Area Regulations. Dwelling Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Side Front Other Uses Side Single & Two (2) Family A build -to zone that is located between the None front property, line and a line 25 feet from the (F) Building Height Regulations. 5 feet Rear Rear, from Other centerline of Uses an alley 5 feet 12 feet Building height maximum 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17 G:\ETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03 Planning Commission\08-12-2019\Comments and Redlines s QUALITY WM AtTERS Cr"W/;&W BROTHERS �� CONSTRUCTIOWLLC P.O. Box 1647 Fayetteville, Ar 72702 GC: Brock Posey 479-236-4858 Southern Brothers Construction and its client wishes to rezone Parcel # 765-03364 (203 E. 13th St)from Neighborhood Conservation NC to RI -U. Our goal in rezoning this is to increase the density and capacity for some smaller single family homes with rear entry drive. To the East/West of the property we have NC Zoning and North/South would be the same, with RI -U zoning nearby. The client wishes to have single access driveway to service both homes. With the newer developments of surrounding smaller family homes the client and we believe this will not adversely affect the neighborhood by bringing in more quality homes. Southern Brothers and its client thank you for your time and consideration G.C. — Brock Posey City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0551 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 4 RZN 19-6787 (3313 W. MT. COMFORT./COOPER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES -GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood Services -General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0551 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/30/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted by ANDREW COOPER for property located at 3313 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES - GENERAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted by ANDREW COOPER for property located at 3313 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to NS -G, Neighborhood Services -General, as shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on the south side of Mount Comfort Road, between Salem Road to the west and Hatterly Lane to the east. Development on the site is limited to one single-family home built in 1995 which accesses Mount Comfort Road by a residential driveway. Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to NS -G, Neighborhood Services -General. The applicant would like to use the property as a professional office. Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in the area, which contain a mixture of low-density residential subdivisions, existing, larger lot residential properties that predate Mount Comfort's widening, and institutional uses. The immediately adjoining property to the west, east, and south is nonresidential in use and associated with Pathway Baptist Church and Mount Comfort Church of Christ. The NS -G zoning district allows incrementally increasing residential allowances, to include 2-, 3-, and 4 -family dwellings, and nonresidential uses in a manner that compliments the current land uses and the increasingly -busy corridor. Land Use Plan Analysis: Staff finds the proposed NS -G zoning to be compatible with the Future Land Use Map and its designation of the subject area as Residential Neighborhood Area. As noted above and throughout this report, the Residential Neighborhood Area designation makes explicit reference to incorporating nonresidential uses into residential areas at appropriate Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 locations for the benefit of surrounding neighborhoods. This area of the City has many residents in low-density developments that lack nonresidential goods and services. This has created a conflict with the City's goal to create complete, compact, and connected neighborhoods that can, in turn, encourage a livable transportation network. Although a smaller property relative to others along Mount Comfort, rezoning the applicant's site could help alleviate a lack of services in the area and begin redressing decades of single -use development. DISCUSSION: On August 26, 2019, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 7-0-0. Prior to the meeting, staff received public comment objecting to the request, expressing concern that Mount Comfort Road is shifting from residential to a commercial character, and that nonresidential uses ought to be centered on Mount Comfort's intersections with Rupple and Interstate 49. No public comment was made at the August 26th Planning Commission meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN19-6787 COOPER EXHIBIT 'A' Close Up view 19-6787 1 CS R -O ■ THORNEBROOK ST >- RSF-4 -1 W F- I - Q 2 WESTBURY ST Legend PlanningArea Feet Fayetteville City Limits 0 75 150 300 450 Building Footprint 1 inch = 200 feet MOUNT COMFORT RD •11 P-1 IA& NORTH Zoning Acres NS -G 0.7 Total 0.7 EXHIBIT 'B' 19-6787 Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS: Part of the NW/4 of the SW/4 of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described ns follows: Commencing at the Northeast Corner of said 40 acre tract, said point being in Mt.Comfort Road and from Which a 1/2 inch reference set on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner post; thence North 89 degrees, 59 minutes, 26 seconds West 110.00 feet to an existing fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet to a point on the North hue of said 40 acre tract, said point being in Mt. Comfort Road and from which an existing reference iron on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89 degrees, 51 minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part of the Fractional NW/4 of the SW/4 of Section 61 Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: beginning at the Northeast Corner of said Fractional NW/4 of the SW/4; thence South 02 degrees, 34 minutes 44 seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds West 62.94 feet; thence North 89 degrees, 27 minutes, 53 seconds West 47.09 feet; thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87 degrees, 23 minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing 4,303 square feet or 0.10 acres, more or less CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: August 26, 2019 (Updated with Planning Commission Results) SUBJECT: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted by ANDREW COOPER for property located at 3313 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES - GENERAL. RECOMMENDATION: Staff recommends forwarding RZN 19-6787 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN 19-6787 to the City Council with a recommendation of approval." BACKGROUND: The subject property is located on the south side of Mount Comfort Road, between Salem Road to the west and Hatterly Lane to the east. Development on the site is limited to one single-family home built in 1995 and accessing Mount Comfort Road by a residential driveway. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential; RSF-4, Residential Single-family, 4 Units per Acre; South Pathway Baptist Parkin Lot P-1, Institutional East Food Bank Mount Comfort Church of Christ P-1, Institutional West Residential Office Pathway Baptist Church) RSF-4, Residential Single-family, 4 Units per Acre; Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4 Units per Acre, to NS -G, Neighborhood Services -General. The applicant would like to use the property as a professional office. Public Comment: Staff has received a no formal public comment regarding this request, but has heard concerns from a City Council member in this ward about development pressure in the area. Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 1 of 14 INFRASTRUCTURE: Streets: The property currently has frontage along west Mount Comfort Road a fully - improved Minor Arterial with asphalt paving, curb and gutter, sidewalk, and bike lanes. Any street improvements or requirements for drainage will be determined at the time of development. Water: Public water is available to the site. A 12 -inch water main runs along the property's Mount Comfort frontage. Sewer: Public sanitary sewer is available to the site. An 8 -inch water main runs along the property's Mount Comfort frontage. Drainage: No portion of the site lies within floodplain, no hydric soils are present, and no portion of the site resides with the Hillside -Hilltop Overlay District. Improvements or requirements for drainage would be determined at the time of development. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi -family, and rowhouses. Development is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on corners and connecting corridors. FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in the area, which contain a mixture of low- density residential subdivisions, existing, larger lot residential properties that predate Mount Comfort's widening, and institutional uses. The immediately adjoining property to the west, east, and south is nonresidential in use and associated with Pathway Baptist Church and Mount Comfort Church of Christ. The NS -G zoning district allows incrementally increasing residential allowances, to include 2-, 3-, and 4 -family dwellings, and nonresidential uses in a manner that compliments the current land uses and the increasingly -busy corridor. Land Use Plan Analysis: Staff finds the proposed NS -G zoning to be compatible with the Future Land Use Map and its designation of the subject area as Residential Neighborhood Area. As noted above and throughout this report, the Residential Neighborhood Area designation makes explicit reference to incorporating nonresidential uses into residential areas at appropriate locations for the benefit of surrounding neighborhoods. This GAETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 2 of 14 area of the City has many residents in low-density developments that lack nonresidential goods and services. This has created a conflict with the City's goal to create complete, compact, and connected neighborhoods that can, in turn, encourage a livable transportation network. Although a smaller property relative to others along Mount Comfort, rezoning the applicant's site could help alleviate a lack of services in the area and begin redressing decades of single -use development. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change to convert the existing structure and possibly improve the property for professional offices. The proposed zoning district would allow for an appropriate flexibility in permitted land uses along a major corridor where residential densities are low and services are generally inadequate. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Mount Comfort Road, a fully -improved Minor Arterial. Although the proposed NS -G zoning district allows uses that may increase traffic over the existing RSF-4 zoning district, the size of the property and the associated limitations on development would likely not result in a significant increase in traffic nor appreciably increase traffic danger and congestion. The necessity for street improvements or modifications to site access will be reviewed with future development submittals. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The applicant's requested NS -G zoning district allows single-, 2-, 3-, and 4 - family dwellings at a density of 18 units per acre. Although decidedly higher than the current RSF-4 allowance of four units per acre, staff finds that no adverse impacts on services are anticipated given adjacency to existing City infrastructure. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A GAETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 3 of 14 RECOMMENDATION: Planning staff recommends forwarding RZN 19-6787 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: August 26, 2019 O Tabled ® Forwarded O Denied Motion: Johnson, recommending approval (Second: Belden Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.19 — NS -G, Neighborhood Services -General • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 4 of 14 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 T City-wide uses by right F Unit 8 T—Single-family dwellings Unit 41 —� Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3—]— Public protection and utility facilities — FUnit 4—F Cultural and recreational facilities Unit 5_ Government facilities F Unit 9�—Two-family dwellings Unit 12aF Limited business Unit 24F Home occupations Unit 36 Wireless communications facilities Unit 44F—Cluster Housing Development (C) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less—L 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot width minimum T 70 feet _T 80 feet Lot areaP,feet 000 square 12,000 square minimum feet Land area per 8,000 square 6,000 square dwelling unit II feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay8 000 square 12,000 square District Lot feet feet area minimum Land area per ,000 square 6,000 square dwelling unit feet feet G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 5 of 14 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 6 of 14 161.19 - NS -G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed-use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 40 Sidewalk cafes Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family I 4,000 square feet G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 7 of 14 Two (2) family or 3,000 square feet per dwelling more unit All other uses None (E) Setback regulations. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 8 of 14 Rear when contiguous to a Front Side Side -Zero Lot Line' Rear single-family residential district A build -to zone A setback of less than 5 that is located feet (zero lot line) is between the front permitted on one interior 5 property line and feet side, provided a None 15 feet a line 25 feet maintenance agreement is from the front filed**. The remaining side property line. setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) G:\ETC\Development Services Review\2019\Development Services\19-6787 RZN 3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 8 of 14 RZN 19-6787 Compatibility Statement Request Letter Andrew & Selina Cooper 3313 W. Mt. Comfort Rd. Fayetteville, AR 72704 479-263-7602 Parcel ID 765-13649-020 S -T -R 06-16-30 Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS: Part of the NW/4 of the SW/4 of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described ns follows: Commencing at the Northeast Corner of said 40 acre tract, said point being in Mt.Comfort Road and from Which a 1/2 inch reference set on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner post; thence North 89 degrees, 59 minutes, 26 seconds West 110.00 feet to an existing fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet to a point on the North line of said 40 acre tract, said point being in Mt. Comfort Road and from which an existing reference iron on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89 degrees, 51 minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part of the Fractional NW/4 of the SWA of Section 61 Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: beginning at the Northeast Corner of said Fractional NW/4 of the SW/4; thence South 02 degrees, 34 minutes 44 seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds West 62.94 feet; thence North 89 degrees, 27 minutes, 53 seconds West 47.09 feet; thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87 degrees, 23 minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing 4,303 square feet or 0.10 acres, more or less We believe that our home is compatible with adjacent commercial properties and the purpose of the Neighborhood Services — General zoning. We are the only single-family residence along a stretch of several commercial properties along the South side of Mount Comfort Rd. still being utilized as a residence. Immediately to our East we are neighbors to the Banford House, a food pantry service to the local community. The Banford House sits on the larger property of Mount Comfort Church of Christ. Immediately to our West is the Residential/Office building for Pathway Baptist Church, which adjoins Pathway Baptist Church. The next property to the West of Pathway has recently been rezoned for Community Services. We also believe that our intent aligns with the purpose of the NS -G zoning request. We plan to use the existing home at our location to provide a professional office building in which to operate our small business counseling center. We would like to serve the needs of the immediate community by enriching families and individuals, just as our existing business neighbors offer. By using the existing structure we hope to minimize the aesthetic change to the neighborhood feeling, while offering professional services within walking distance to neighbors all along Mount Comfort Rd. We do not believe that our rezoning request will adversely affect our neighborhood or surrounding land uses. We do not plan to make any external changes to the building, minimizing the aesthetic impact. We do not anticipate any noise issues. The use of our property will mostly be during traditional hours of operation, resulting in no significant activity change after work hours. We do not believe our rezoning will adversely affect the traffic to Mount Comfort. While Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 9 of 14 we anticipate some clients may come from other parts of Fayetteville, most of our focus will be on serving families who live in 72704. This has been our trend since moving to our current location on Wedington Drive in 2013, and brings us great joy to be located close to where people live, minimizing impact on their life and on city congestion. Planning Commission August 26, 2019 Agenda Item 13 19-6787 Cooper Page 10 of 14 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0553 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 5 File Type: Ordinance VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a general utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page I Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0553 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/30/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6768: Vacation (SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD./FAYETTEVILLE FLEET TRUCK WASH, 604): Submitted by OLSSON, INC. for property located SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 1.10 acres. The request is to vacate a portion of a general utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6768: Vacation (SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD./FAYETTEVILLE FLEET TRUCK WASH, 604): Submitted by OLSSON, INC. for property located SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 1.10 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6768 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is in the Fayetteville industrial park, on the east side of Armstrong Avenue, and immediately south of the City's animal shelter. The property is currently undeveloped. In early July of 2019, a development proposal was submitted for the site to construct a truck wash for City vehicles. Proposal: The applicant proposes to vacate a portion of an existing utility easement that encumbers all of the property between South Armstrong Avenue and the City's Compost Facility. The area to be vacated totals approximately 1. 10 acres and is necessary prior to the construction of the City's truck wash building. DISCUSSION: At the August 26, 2019 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report VAC19-6768 FAY. FLEET TRUCK WASH EXHIBIT 'A' Close Up View 19-6768 P-1 Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint 0 0 J J 0 a a 2Q Feet 1-2 Subject Property 0 75 150 300 450 600 1 inch = 200 feet NORTH 1-2 General Industrial P-1 EXHIBIT 'B' 19-6768 A part of the Southwest Quarter (SW 1/4) of Section 23, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly described as follows: Commence at the found monument at the Southwest Corner of said Section 23, as shown on the plat of survey for the Final Replat of Fayetteville Industrial Park signed by Arnold D Rankins, PS #849, dated July 20, 1995, recorded in Plat Book 14 at page 26 in the records of Washington County, Arkansas and run thence North 020 29' 05" l=ast along the boundary line of said survey and the West line of said Section 23 a distance of 507.05 feet; thence leaving said section line South 82° 42' 46" East along said boundary line a distance of 243.40 feet; thence North 07° 17' IS" East along said boundary line a distance of 390.00 feet; thence North 82° 42'46" West along said boundary line a distance of 276.17 feet to said West line of said Section 23; thence North 02° 29' 05" East along said boundary Vine and said West line of said Section 23 a distance of 2390.50 feet; thence leaving said West line of said Section 23 South 86° 48' 55" East along said boundary line a distance of 1331.19 feet; thence South 03° 10' 14" West along said boundary line a distance of 139.94 feet to a point on the East line of a 50 foot wide road right of way, said road presently named South Happy Hollow Road; thence South 02° 02' 14" West along said East right of way line a distance of 151.41 feet to a Magnetic Nail; thence leaving said East right of way line continue South 02° 02' 14" West a distance of 1036.87 feet; thence South 87° 06' 46" East a distance of 87.85 feet; thence South 00° 20'47" East a distance of 54.98 feet to the "TRUE POINT OF BEGINNING" of this existing General Utility Easement vacation description; thence South 15° 10' 49" East a distance of 33.35 feet; South 02° 02' 14" West a distance of 321.49 feet; thence North 87° 07' 00" West a distance of 38.51 feet; thence North 36° 16' 21" West a distance of 230.58 feet; thence North 01' 12' 35" East a distance of 29.56 feet; thence North 21' 10' 02" West a distance of 85.64 feet; thence North 74° 51' 57" East a distance of 215,35 feet to the point of beginning, containing 47,933 square feet or 1.10 acres, more or less. CITY OF - FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: August 26, 2019 (Updated with Planning Commission Results) SUBJECT: VAC 19-6768: Vacation (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET TRUCK WASH, 604): Submitted by CITY STAFF for property located SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 1. 10 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6768 to the City Council with a recommendation of approval and a condition based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6768 to City Council with a recommendation for approval with the condition as recommended by staff." BACKGROUND: The subject property is in the Fayetteville industrial park, on the east side of Armstrong Avenue, and immediately south of the City's animal shelter. The property is currently undeveloped. In early July of 2019, a development proposal was submitted for the site to construct a truck wash for City vehicles. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North City Animal Shelter 1-2, General Industrial South Undeveloped 1-2, General Industrial West Warehouse 1-2, General Industrial East City Compost Facility 1-2, General Industrial Proposal: The applicant proposes to vacate a portion of an existing utility easement that encumbers all of the property between South Armstrong Avenue and the City's Compost Facility. The area to be vacated totals approximately 1. 10 acres and is necessary prior to the construction of the City's truck wash building. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses: Planning Commission August 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 1 of 9 Utility Response Cox Communications No objections and no comment. AEP/SWEPCO No objections and no comment. BlackHills Energy AR No objections and no comment. AT&T No objections and no comment. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling N/A Transportation N/A Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 19-6768 to the City Council with a recommendation for approval subject to the following condition: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; PLANNING COMMISSION ACTION: Required YES Date: August 26, 2019 O Tabled ® Forwarded O Denied Motion: Winston, as recommended by staff, on the consent agenda. Second:Johnson Vote: 7-0-0 Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6768 VAC August 26, 2019 SE of Armstrong Ave. & Happy Hollow Rd. (Fay. Fleet) 604\03 Planning Commission\08-26-2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 2 of 9 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6768 VAC August 26, 2019 SE of Armstrong Ave. & Happy Hollow Rd. (Fay. Fleet) 604\03 Planning Commission\08-26-2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 3 of 9 VAC 19-6768 Petition to Vacate PETITION TO VACATE PART OF AN EASEMENT LOCATED IN THE FAYETTEVILLE INDUSTRIAL PARK, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in the Fayetteville Industrial Park, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate part of an easement which is described as follows: A part of the Southwest Quarter (SW Y4) of Section 23, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly described as follows: Commence at the found monument at the Southwest Corner of said Section 23, as shown on the plat of survey for the Final Replat of Fayetteville Industrial Park signed by Arnold D. Rankins, PS #849, dated July 20, 1995, recorded in Plat Book 14 at page 26 in the records of Washington County, Arkansas and run thence North 02° 29' O5" East along the boundary line of said survey and the West line of said Section 23 a distance of 507.05 feet; thence leaving said section line South 82° 42'46" East along said boundary line a distance of 243.40 feet; thence North 07° 17' 16" East along said boundary line a distance of 390.00 feet; thence North 82° 42'46" West along said boundary line a distance of 276.17 feet to said West line of said Section 23; thence North 020 29' 05" East along said boundary line and said West line of said Section 23 a distance of 2390.50 feet; thence leaving said West line of said Section 23 South 86` 48'55" East along said boundary line a distance of 1331.19 feet; thence South 03° 10'14" West along said boundary line a distance of 139.94 feet to a point on the East line of a 50 foot wide road right of way, said road presently named South Happy Hollow Road; thence South 02° 02' 14" West along said East right of way line a distance of 151.41 feet to a Magnetic Nail; thence leaving said East right of way line continue South 02' 02' 14" West a distance of 1036.87 feet; thence South 87° 06' 46" East a distance of 87.85 feet; thence South 02'° 53' 14" West a distance of 45.93 feet to the "TRUE POINT OF BEGINNING" of this existing General Utility Easement vacation description; thence South 15° 10'49" East a distance of 43.34 feet; South 02° 02' 14" West a distance of 321.49 feet; thence North 87` 07'00" West a distance of 38.51 feet; thence North 36' 16' 21" West a distance of 230.58 feet; thence North 01' 12' 35" East a distance of 29.56 feet; thence North 210 10' 02" West a distance of 85.64 feet to the beginning of a curve to the left, said curve having a Radius of 100.00 feet, a Chord bearing of North 570 21' 56" East, a Chord Distance of 50.73 feet, thence along the arc of said curve a distance of 51.28 feet; thence leaving said curve North 760 40' 16" East a distance of 167.04 feet to the point of beginning, containing 50,410 square feet or 1.16 acres, more or less. That the abutted real estate affected by said abandonment of the easement in the Fayetteville Industrial Park are parcel numbers 765-19943-000 and 765-1944-000 which are both owned by the City of Fayetteville and have not been used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. Planning Commission August 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 4 of 9 The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHERET©FORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law. Dated this 231d day of May, 2019. ioned� �orJar� Printed me Sign ! Printed Name f Signature r sZi.•. . � ,rr Planning Commission August 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 5 of 9 i I oho I 4¢ O y a v 1 I W J F- M u- U yy G l M2� WH �� FI W �+ Rig 00 \ W zgg • Rig Om a / HIM I y. ■k7E� 'it) f �' 11 O� N� F a ° YI agSI� M -p 7 g �E 0 •S ���c n.o r� � so°Cl g9ig gT53pE'er g6a� f� pg CCOE yBa�"u'a s'`r!` g t7 g■E9 .% • mN �-°�° 4�a �NVi,i, TCGW CI 1s .�o n 00 • � � r ail �RE � �i"'g.'u5a �� c a i� � ••Qobo g � �� s� ��� 3 �•C Yr � E E a° +. °'• N EEEEEE I � I I �� fi � 9• C0 °�5�. y�.� ��' �MY..4 ..0 g��..+��4e�° V 4.,Gr I I I �9 J y � S U L p' °.t?�����$J?g� �'�•n�=. �o��e�..���s Niv �Es6FpESr�i ���cAfISE��yyp+FaiP¢f�$z`a6 TT�C�S n F LIo .�. Sa O�� oatVo roitl�Ga vii a� g Ns SN��I°-fi b g F2 w Planning C mmission 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 6 of 9 VAC 19-6768 One Mile View NC OF 15TH I-1 FAY. FLEET TRUCK WASH NORTH HUNTSVILLE RD 0 0.125 0.25 0.5 Miles ■ a i m :1rCS C -Z Subject Property TION RD .; } a a 0 z 0 f - V) E Q - 10i RS Legend Planning Area Fayetteville City Limits — — Shared Use Paved Trail ---= Planning Area __ Trail (Proposed) Fayetteville City Limits Q' F-4 P-1 R -A Zoning EXTRA TION RESIDENTIAL SINGLE-FAMILY = E-1 _i Resid—l-AgricvlNral COMMERCIAL RSF-.5 Reatlentiel-Office RSF-1 C-1 RSF-2 � C-2 RSF-4 � C3 R:F11 FORM BASED DISTRICTS RSF-8 Downtown Cme -11. : Urban Thawghlare RESIDENTIAL MULTIFAMILY Main street Center RT -12 Resitlential Two antl Tres -family Downtown General - RMF -6 Community S—icee RMF -12 Neighbo—d Services RMF-18Neighborhootl Con —fion RM F14 PLANNED ZONING DISTRICTS RMFA6 Commercial. Intlue , Residential INDUSTRIAL INSTITUTIONAL -1 11—y Commercial and light Ind,,. nal =, -2 Genera""'aetnal Planning Co rr 26 ission 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 7 of 9 VAC19-6768 FAY. FLEET TRUCK WASH Close Up View P -t Legend Planning Area �- - - Fayetteville City Limits Trail (Proposed) Building Footprint 2Q Feet 0 75 150 300 450 1 inch = 200 feet t -i Subject Property M. A& NORTH 1-2 General Industrial P-1 Planning Co mission 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 8 of 9 VAC19-6768 FAY. FLEET TRUCK WASH A& Current Land Use NORTH ia - � P r i City of Fayetteville Transportation & AV � � Fleet Operations � � City of Fayetteville y t O Recycling & Trash - City of Fayetteville Animal Shelter e � l + �O'L Subject Property 1 Commercial '9G . F Compost Facility Streets Existing MSP Class MINOR ARTERIAL PRINCIPAL ARTERIAL Trail (Proposed) — —� Planning Area L — —� Fayetteville City Limits Undeveloped Feet 0 112.5 225 450 675 1 inch = 300 feet FEMA Flood Hazard Data loo -Year Floodplain Floodway Planning Co mission 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 9 of 9 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0548 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 6 VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page I Printed on 9/5/2019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0548 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/30/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 19-6775: Vacation (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL, 371): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2621 E. MISSION BLVD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 2.62 acres. The request is to vacate a portion of a general utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF ■ FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6775: Vacation (2621 E. MISSION BLVDJEAST MISSION COMMERCIAL, 371): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2621 E. MISSION BLVD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 2.62 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6775 to City Council with a recommendation of approval and conditions based on the findings contained in this report. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is located at 2621 E. Mission Blvd. The property is zoned CS, Community Services and contains 2.60 acres. The request is to vacate a portion of a utility easement to allow future commercial development in the area (vacation exhibit attached). The portion of the easement to be vacated contains no existing utilities and will not affect the serviceability of adjacent parcels. DISCUSSION: At the August 26, 2019 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VAC19-6775 EAST MISSION COMMERCIAL EXHIBIT 'A' Close Up View 19-6775 R -O GOLDENROD ST z J } H co Legend Planning Area 9 Fayetteville City Limits Trail (Proposed) Building Footprint O z W N P 7 CS Subject Property RSF-4 PETUNIA CT Feet 0 55 110 220 330 1 inch = 150 feet 440 A& NORTH RSF-4 Residential -Office C-1 C-2 Community Services EXHIBIT 'B' 19-6775 PORTION OF EASEMENT 0023-301 TO BE VACATED PART OF TRACT B AS SHOWN ON SURVEY PLAT 2007-00033370, FAYETTEVILLE, ARKANSAS. COMMENCING AT THE NORTHEAST CORNER OF TRACT "B", SURVEY PLAT 2007-00033370; THENCE SOUTH 03°01'24" WEST A DISTANCE OF 61.57 FEET TO THE POINT OF BEGINNING,- THENCE EGINNING;THENCE ALONG THE EAST LINE OF SAID TRACT, SOUTH 03°01'24" WEST A DISTANCE OF 212.98 FEET; THENCE LEAVING SAID LINE NORTH 86°55'52" WEST DISTANCE OF 20.00 FEET; THENCE NORTH 0301'24" EAST A DISTANCE OF 212.99 FEET; THENCE SOUTH 86°54'19" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Abdul Rahman Ghous, Planner MEETING DATE: August 26, 2019 Updated 8.27.19 PC FWD SUBJECT: VAC 19-6775 - 2621 E. Mission Blvd. (East Mission Commercial) 371: Submitted by JOESPH FIFER, CRAFTON TULL for property located at 2621 E. MISSION BLVD. The property is zoned CS, Community Services and contains approximately 2.60 acres. The request is to vacate portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6775 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6775 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located at 2621 E. Mission Blvd. The property is zoned CS, Community Services and contains 2.60 acres. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial C-1, Neighborhood Commercial South Residential RSF-4, Residential Single -Family East Commercial C-1, Neighborhood Commercial West Commercial C-1, Neighborhood Commercial Proposal: The request is to vacate a portion of a utility easement to allow future commercial development in the area (vacation exhibit attached). The portion of the easement to be vacated contains no existing utilities and will not affect the serviceability of adjacent parcels. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling Transportation AT&T Black Hills Cox Ozark Electric SWEPCO Not applicable. Not applicable. No objections. No objections No objections. No objections and no comment. No objections and no comment. Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6775 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: Required YES Date: August 26, 2019 O Tabled 20orwarded Motion: Winston Second: Johnson Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Recommend Approval O Denied GAETC\Development Services Review\2019\Development Services\19-6775 VAC 2621 E. Mission Blvd. (East Mission Commercial) 371\03 Planning Commission\08-26-2019\Comments and Redlines 300 North College, Suite 317 C Grafton Tull Fayette47e,AR720 479.455.222077 m architecture I engineering I surveying craftontull.com July 15, 2019 City of Fayetteville Attn: Planning Department 113 West Mountain St Fayetteville, AR 72701 Re: Easement Vacation 2621 E Mission Blvd. To whom it may concern, We are requesting to vacate a portion of a utility easement located on the eastern side of a parcel (765-13339-000) located at 2621 East Mission Blvd in Fayetteville. The portion of the easement to be vacated contains no existing utilities and will not affect the serviceability of adjacent parcels. Utility company approval forms have been provided with this application. A Large Site Improvement Plan has been submitted along with this vacation application. Easements will be dedicated with this development to allow each proposed building and future building to be serviced as required. Please feel free to contact us if you have any questions. Sincerely, Joseph Fifer, PE Project Manager Crafton Tull PETITION TO VACATE UTILITY EASEMENT PETITION TO VACATE A(N) EASEMENT LOCATED IN THE CITY OF FAYETTEVILLE, ARItiANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Tract "B", per Survey Plat 2007-00033370, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) easement which is described as follows: SEE ATTACHED DESCRIPTION That the abutting real estate affected by said abandonment of the easement are Tract "A", per Survey Plat 2007- 000333070, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easentent. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this is ay of UOUG 20 11 . Mq—R%: PR A&$I LAIC rulMNk�"i�R Bc� ; M 14t1F�1Rrs S liro�drrl�it�uRS i L�C.t Printed Na Signature Printed Name Signature GRAPHIC SCALE IN FEET 60' 0 60' 586° 2 77. EXHIBIT "A" MISSION BLVD Sii70 — + 128.28- I BASIS OF BEARING: ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 83 HORIZONTAL DATUM AND NGVD 29 VERTICAL DATUM DETERMINED BY GPS OBSERVATION ON THE CITY OF FAYETTEVILLE CONTROL MONUMENTS USING THEIR PUBLISHED VALUES. POINT OF COMMENCEMENT NE CORNER OF TRACT "B" PER SURVEY PLAT 2007-00033370 U.E. 0023-301S860 54' 19"E to U.E. 0023-301 20.00' N I ACCESS EASEMENT I 0023-301 P.O. B. PORTION OF U.E. 0023-301 TO BE VACATED N 00 w N I N EAST PROPERTY LINE TRACT "B" C'4 PER SURVEY PLAT 2007-00033370 z N N O THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE, SHAPE, AND LOCATION OF THE EASEMENT TO WHICH IT IS ATTACHED; THIS DRAWING IS NOT A PLAT OF SURVEY. 901 N. 47th St., Suite 200 Rogers, Arkansas 72756 Grafton Tull architecture I engineering I surveying VAC 19-6775 One Mile View RSF-4 EAST MISSION COMMERCIAL 0 0.125 0.25 R -O C-1 MISSION BLVD Subject Property 0.5 Miles P-1 NORTH R -A a Zoning EXTRACTION - - - RESIDENTIAL SINGLE-FAMILY 1111 L-1 - - - Residential -Agricultural COMMERCIAL Residential-OXice RSF-1 Legend RSF-2 ®.2 RSF-0 RSF- FORM BASED DISTRICTS MDowntown Core ' Planning Area - RSF-18 . Urban Thoroughfare RESIDENTIAL MULTI -FAMILY Main Street Canter 1111 RT -12 Residential Two antl Three -fatuity Downtown Geneal t — — — Fayetteville City Limits RMF -s RMF -12 cemm„nity S.,i.n Neighbarhaod Services Q —RMF -09 PLNeighb Conservation Shared Use Paved Trail _ _ _ _ _1 i _ _ - - _ -r = RMF -24 ZONING PLANNED ZONING DISTRICTS Planning Area II♦ RMFRI Commercial, Industrial, Residential - Trull (Proposed) _ _ _ _ _ E INDUSTRIAL -1 Heavy Commercial and Light lndoual INSTITUTIONAL P-1 Fayetteville City Limits I4 General lndnso-ial VAC19-6775 EAST MISSION COMMERCIAL Close Up View R -O C-1 O Z W N F- U 11 GOLDENROD ST z J } F - co Legend Planning Area 9 Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 55 110 220 330 1 inch = 150 feet A& NORTH Residential -Office C-1 ■ C-2 440 ® Community Services City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0555 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 7 File Type: Ordinance VAC 19-6782 (SE OF W. MCMILLIAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY): AN ORDINANCE TO APPROVE VAC 19-6782 FOR PROPERTY LOCATED SOUTHEAST OF WEST MCMILLAN DRIVE AND NORTH PAM ANGUS DRIVE TO VACATE PORTIONS OF AN ELECTRICAL EASEMENT AND A GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of an electrical easement and a utility easement are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of an electrical easement and a general utility easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: A. That any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. B. An additional easement shall be dedicated along Pam Angus Drive towards the public right-of-way, converting the drainage easement to a general utility easement. City of Fayetteville, Arkansas Page I Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0555 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/30/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6782: Vacation (SE OF W. MCMILLAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY, 441): Submitted by ENGINEERING SERVICES, INC. for property located SE OF W. MCMILLAN DR. & N. PAM ANGUS DR. The properties are zoned UT, URBAN THOROUGHFARE and contain approximately 0.12 acres. The request is to vacate a portion of one electrical and one general utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6782: Vacation (SE OF W. MCMILLAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY, 441): Submitted by ENGINEERING SERVICES, INC. for property located SE OF W. MCMILLAN DR. & N. PAM ANGUS DR. The properties are zoned UT, URBAN THOROUGHFARE and contain approximately 0.12 acres. The request is to vacate a portion of one electrical and one general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6782 as shown in the attached Exhibits `A' and `B' and with the following conditions of approval: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. Additional easement shall be dedicated along Pam Angus Drive towards the public right- of-way, converting the drainage easement to a general utility easement. BACKGROUND: The subject property includes a portion of two lots located southeast of McMillan and Pam Angus Drives, near the interchange of Wedington and Interstate 49. These lots were platted with the McMillan Estates subdivision in 2002 and are currently undeveloped. In March of 2019, a development application was submitted for a hotel on the subject property. Proposal: As a part of a development currently under review, the applicant proposes to vacate potions of two existing easements. The first is a general utility easement that bisects the subject property from northwest to southeast and was platted on the property line between Lots 4 and 6 of McMillan Estates. The second is the northeastern half of an electrical easement that parallels Pam Angus Drive and conflicts with the developer's ability to locate a proposed hotel within the build -to zone. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: At the August 26, 2019 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report DI �ve'T°O+ejB6 a�yy$ 0 -60M e ®ff �Y N go F� �9a a�yy$ 0 0 �@mull R@�. @'e ol # e �Y N go F� g o�y �@mull R@�. @'e ol # EXHIBIT 'B' 19-6782 EASEMENT VACATION DESCRIPTION: PART OF LOTS 4 AND 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF THE WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE N55°47'54"E A DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING; THENCE N34°13'28"W A DISTANCE OF 204.01 FEET; THENCE N55°48'06"E A DISTANCE OF 20.00 FEET; THENCE S34°13'28"E A DISTANCE OF 204.01 FEET; THENCE S55°47'54"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,080 SQ.FT., MORE OR LESS. EASEMENT VACATION DESCRIPTION (EASTERN 5'): PART OF LOT 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF THE WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE N34°13'31"W A DISTANCE OF 40.00 FEET; THENCE N55°47'54"E A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE N34°13'31"W A DISTANCE OF 182.37 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 101.95 FEET, AN ARC LENGTH OF 23.74 FEET AND A CHORD BEARING & DISTANCE OF N27°33'10"W A DISTANCE OF 23.69 FEET; THENCE N63°00'30"E A DISTANCE OF 5.03 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 96.95 FEET, AN ARC LENGTH OF 23.12 FEET AND A CHORD BEARING & DISTANCE OF S27°23'40"E - 23.06 FEET; THENCE S34°13'31"E A DISTANCE OF 182.37 FEET; THENCE S55'47'54"W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,029 SQ.FT., MORE OR LESS. CITY OF K FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: August 26, 2019 SUBJECT: VAC 19-6782: Vacation (SE OF W. MCMILLAN DR. & N. PAM ANGUS DR./SPRINGS HOSPITALITY, 441): Submitted by ENGINEERING SERVICES, INC. for property located SE OF W. MCMILLAN DR. & N. PAM ANGUS DR. The properties are zoned UT, URBAN THOROUGHFARE and contain approximately 0.12 acres. The request is to vacate a portion of one electrical and one general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6782 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6782 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property includes a portion of two lots located southeast of McMillan and Pam Angus Drives, near the interchange of Wedington and Interstate 49. These lots were platted with the McMillan Estates subdivision in 2002 and are currently undeveloped. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential UT, Urban Thoroughfare South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Pond (Starr Lake SD POA Property) UT, Urban Thoroughfare; P-1, Institutional East Single-family Residential UT, Urban Thoroughfare; RSF-4, Residential Single-family, 4 Units per Acre Proposal: As a part of a development currently under review, the applicant proposes to vacate potions of two existing easements. The first is a general utility easement that bisects the subject property from northwest to southeast and was platted on the property line between Lots 4 and 6 of McMillan Estates. The second is the northeastern half of an electrical easement that parallels Pam Angus Drive and conflicts with the developer's ability to locate a proposed hotel within the build -to zone. Planning Commission August 26, 2019 Agenda Item 3 19-6782 Springs Hospitality Page 1 of 9 DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: utility Response Cox Communications No objections and no comment AEP/SWEPCO No objections, provided the utility easement along Pam Angus is expanded by converting the existing drainage easement in to a general utility easement. BlackHills Energy AR No objections and no comment. AT&T No objections and no comment. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling No objections and no comment. Transportation No objections and no comment. Public Comment: The property owner to the south and east of this property has contacted staff inquiring whether this will impact their ability to be served by utilities in the future. Staff advised that underground electrical infrastructure associated with the electrical easement will remain in place along Pam Angus and the proposed utility easement vacation will not remove easement abutting any off-site property lines. RECOMMENDATION: Staff recommends forwarding VAC 19-6782 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; and 2. Additional easement shall be dedicated along Pam Angus Drive towards the public right- of-way, converting the drainage easement to a general utility easement. Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6782 VAC August 26, 2019 SE of McMillan Dr. & Pam Angus Dr. (Springs Hospitality) 441\03 Planning Comm ission\08-26-2019 Agenda Item 3 19-6782 Springs Hospitality Page 2 of 9 PLANNING COMMISSION ACTION: Required YES Date: August 26, 2019 O Tabled IMotion: ISecond: BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map O Forwarded O Denied Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6782 VAC August 26, 2019 SE of McMillan Dr. & Pam Angus Dr. (Springs Hospitality) 441\03 Planning Comm ission\08-26-2019 Agenda Item 3 19-6782 Springs Hospitality Page 3 of 9 VAC 19-6782 Petition to Vacate PETITION TO VACATE AN easement LOCATED IN lots 4 and fi of McMillan Estates Subdivision, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in lots 4 and 6 of McMillan Estates Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: PART OF LOTS 4 AND 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PAGE 33 OF THE WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE N55047'54"E A DISTANCE OF 240.00 FEET TO THE POINT OF BEGINNING; THENCE N34013'28"W A DISTANCE OF 204.01 FEET; THENCE N55048'06"E A DISTANCE OF 20.00 FEET; THENCE S34013'28"E A DISTANCE OF 204.01 FEET; THENCE S55°4754"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,080 SQ.F- T., MORE OR LESS. That the abutting real estate affected by said abandonment of the easement are lots 4 and 6 of McMillan Estates Subdivision of each adjoining lot to the area requested to be vacated City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 17 day of j1 U1, 2019 t0tYS f'fCiF�r r+c iiG LL -C Printed Name Signature Printed Name Signature Planning Commission August 26, 2019 Agenda Item 3 19-6782 Springs Hospitality Page 4 of 9 PETITION TO VACATE AN easement LOCATED IN lot 6 00164illan Eviales Subdivision, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in lot 6 of McMillan Estalev Subdh4sion, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: PART OF LOT 6 OF MCMILLAN ESTATES, A SUBDIVISION IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON FINAL PLAT, PLAT BOOK 23 PACE 33 OF THE WASHINGTON COUNTY, ARKANSAS RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF LOT 6 OF SAID MCMILLAN ESTATES; THENCE N34013'31"W A DISTANCE OF 40.00 FEET; THENCE N55147'54"E A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE N34013131"W A DISTANCE OF 182.37 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 101.95 FEET, AN ARC LENGTH OF 23.74 FEET AND A CHORD SEARING & DISTANCE OF N27033110"W A DISTANCE OF 23.69 FEET; THENCE N63000'30"E A DISTANCE OF 5.03 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 96.95 FEET, AN ARC LENGTH OF 23.12 FEET AND A CHORD SEARING & DISTANCE OF S27023'40"E-23.06 FEET; THENCE S34°13'31"E A DISTANCE OF182.37 FEET; THENCE S55047154"W A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,029 SQ -FT., MORE OR LESS. That the abutting real estate affected by said abandonment of the easement is lot 6 of kfcMillan Estates Subdivision ofeach adjoining lot to the area requested to be vacaled City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility casements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting properly owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 17 day of July, 2019. ni s / P� KP— 4A 11 ELM Printed Name Signature Planning Commission August 26, 2019 Agenda Item 3 19-6782 Springs Hospitality Page 5 of 9 4 U >LLJ' g o _ a �,:�—=moi--�--=m �9a eta � � s ,! � g � � § ''� / psi s&ys '• � ■ Q 5� Edi Y � 8 a. � � �°� Ig -'o ; E49,5 ���$ IIS 3 ypyp E I'Mil kce H`k'u'kg 1= Y� ID ig Commission ugust 26, 2019 Agenda Item 3 ngs Hospitality Page 6 of 9 EYOp I i aa� It \\ \ €e b $ R R g Pa in i g` $ . ION IN II II IH E � a o o •J ° ° U >LLJ' g o _ a �,:�—=moi--�--=m �9a eta � � s ,! � g � � § ''� / psi s&ys '• � ■ Q 5� Edi Y � 8 a. � � �°� Ig -'o ; E49,5 ���$ IIS 3 ypyp E I'Mil kce H`k'u'kg 1= Y� ID ig Commission ugust 26, 2019 Agenda Item 3 ngs Hospitality Page 6 of 9 i aa� It \\ \ U >LLJ' g o _ a �,:�—=moi--�--=m �9a eta � � s ,! � g � � § ''� / psi s&ys '• � ■ Q 5� Edi Y � 8 a. � � �°� Ig -'o ; E49,5 ���$ IIS 3 ypyp E I'Mil kce H`k'u'kg 1= Y� ID ig Commission ugust 26, 2019 Agenda Item 3 ngs Hospitality Page 6 of 9 VAC19-6782 SPRINGS HOSPITALITY _ NORTH One Mile View 0 0.125 0.25 0.5 Miles p RMF -4f it / J • / p RMF -6 U) RI -12 / / ixit 1 % � O a �• RMF -12 i Subject Property EDINGT DR I C-1 R �,` 1 It 1 1 1 1 P-1 �. 1 o,, ♦♦♦� it N/ E�SMgo 19 RPZD ,,►`' • ��� 1 RMF -24 I ' RSF-4 I PERSIMtVION ST 10 \ RI -U 10 Zoning EXTRACTION Legend �-" RESIDENTIAL SINGLE-FAMILY ResidentiaLngricul ral RSF-.6 RSF-, =E-1 COMMERCIAL Residential-OKice Gt ' Planning Area _ RS_ RSF-4 RSF- C-2 -, FORM BASED DISTRICTS Fayetteville City Limits ❑ RSF -8 RSF-,6 RESIDENTIAL MULTI -FAMILY Downtown C ore Urban Thereughtare Main street Center — — Shared Use Paved Trail RI 12 Reeidentia rweandrnree-lamiw RMF -6 �oewntewn�eneral : Community Services Q RMI 12 RMF -18 Neigh.rhood Services PLNgd Trail (Proposed) _ _ - _ _ Planning Area 1 ' RMF -24 RMF -46 INDUSTRIAL PLANNED ZONING DISTRICTS Cemmeraal. ndus[rlal. Realdennal r Design Overlay District _ _ _ _ _ Fayetteville City Limits Q 1 I—,Iemmerciaa,dLlghtndus[ria INSTITUTIONAL _ _ " 62 .ene.a ndus[ria Planning Co mission '6, 2019 Agenda Item 3 19-6782 Springs Hospitality Page 7 of 9 VAC 19-6782 Close Up View MCMILLAN DR SPRINGS HOSPITALITY P 40 �0 Subject Property Legend ' Planning Area ' Fayetteville City Limits Trail (Proposed) J Design Overlay District Feet 0 75 150 300 450 1 inch = 200 feet NORTH RSF-4 RMF -24 Residential -Office C-2 ■ 600 Urban Thoroughfare P-1 Planning Co mission 26, 2019 Agenda Item 3 19-6782 Springs Hospitality Page 8 of 9 VAC19-6782 SPRINGS HOSPITALITY Current Land Use A& NORTH "t--'•. �. VALLEY DR /� M �• i i Tom... w � _ .N Q. - w . , UJ UJI WEDINGTON DR `" `. $� Church Subject Property Commerical " � 4R i Single Family MCMILLAN DR J i.. Church �-. f Undeveloped Streets Planned FEMA Flood Hazard Data MSP Class COLLECTOR Streets Existing 100 -Year Floodplain MSP Class =COLLECTOR Feet Floodway FREEWAY/EXPRESSWAY t PRINCIPAL ARTERIAL 0 112.5 225 450 675 900 111 I Trail (Proposed) 1. =Planning Area I— �FayattevilleCityLimits 1 inch = 300 feet Design Overlay District Planning Co rr AMOS 26 ission 2019 Agenda Item 3 19-6782 Springs Hospitality Page 9 of 9 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0505 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 8 AMEND ORDINANCE 6168: File Type: Ordinance AN ORDINANCE TO AMEND ORDINANCE 6168 TO AUTHORIZE THE PAYMENT OF APPLICABLE FREIGHT CHARGES ASSOCIATED WITH THE REPLACEMENT OF A ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP USED AT THE NOLAND WASTEWATER TREATMENT FACILITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 6168 and authorizes the payment of applicable freight charges in addition to the purchase price of $22,929.95 from Electric Motor Center for the replacement of a rotating assembly and the repair of a motor in an influent pump used at the Noland Wastewater Treatment facility. City of Fayetteville, Arkansas Page 1 Printed on 9/5/2019 City of Fayetteville Staff Review Form 2019-0505 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 8/28/2019 WASTEWATER TREATMENT (730) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval to amend Ordinance 6168 to authorize the payment of applicable freight charges in the amount of $300.00 in addition to the purchase price of $22,929.95 for the replacement of an influent pump and repair of a motor drive used at the Noland wastewater treatment facility. Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 2019-00000361 Previous Ordinance or Resolution # 6168 Approval Date: Budget Impact: 5400.730.5800-5414.00 Water and Sewer Account Number Fund 02069.1 Plant Pumps and Equipment WWTP Project Number Project Title Budgeted Item? Yes Current Budget $ 1,128,495.00 Funds Obligated $ 1,128,190.63 Current Balance 304.37 Does item have a cost? Yes Item Cost $ 300.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20180321 2019-00000361 Previous Ordinance or Resolution # 6168 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: August 28, 2019 SUBJECT: Amend Ordinance 6168 to Add Freight Costs CITY COUNCIL MEMO RECOMMENDATION: Staff recommends the approval to amend Ordinance 6168 to authorize the payment of applicable freight charges in the amount of $300.00 in addition to the purchase price of $22,929.95 for the replacement of an influent pump and repair of a motor drive used at the Noland wastewater treatment facility. BACKGROUND: Ordinance 6168 was passed on April 2, 2019 and approved the purchase of a pump and repair of a motor assembly from Electric Motor Center. The amount approved for the pump purchase and motor repair was $22,929.95 plus applicable taxes. DISCUSSION: Staff did not anticipate freight charges, and when invoiced by Electric Motor center freight was charged in the amount of $300.00. The total due to Electric Motor Center is $25,494.87, which includes freight and taxes. Staff requests to amend Ordinance 6168 to include the cost of freight in the amount of $300.00 plus any applicable taxes. BUDGET/STAFF IMPACT: Funds are available in the Plant Pumps and Equipment — WWTP account. Attachments: Ordinance 6168 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6168 File Number: 2019-0168 ELECTRIC MOTOR CENTER OF SPRINGDALE, INC. - ROTATING ASSEMBLY AND MOTOR DRIVE: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $22,929.95 PLUS APPLICABLE TAXES, FROM ELECTRIC MOTOR CENTER FOR THE REPLACEMENT OF A ROTATING ASSEMBLY AND REPAIR OF A MOTOR DRIVE IN AN INFLUENT PUMP USED AT THE NOLAND WASTEWATER TREATMENT FACILITY, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, Electric Motor Center disassembled an influent pump used at the Noland Wastewater Treatment Plant and determined that the motor drive required repair and the rotating assembly needed to be replaced; and WHEREAS, formal competitive bidding is not necessary for the repair of "hidden or unknown damages." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that, because of _ Ark. Code Ann. §19-11-203(14) (EE), the repair of "hidden or unknown damages" does not require formal competitive bidding and therefore, waives competitive bidding and accepts the quote of $22,929.95 (plus any applicable taxes) from Electric Motor Center for the replacement of a rotating assembly and the repair Page of a motor in an influent pump used at the Noland Wastewater Treatment facility. Page 1 Printed on 413119 Page Number., 2 File Number- 2019-0168 Ordinance: 6168 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. PASSED and APPROVED on 4/2/2019 Attest: TRe Sondra E. Smith, City Clerk Trga�jer •, R ; FAYETT EVi LLC ; Page 2 Printed on 413119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 frill (479) 575-8323 Text File File Number: 2019-0540 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C. 9 2019 MILLAGE LEVY: File Type: Ordinance AN ORDINANCE LEVYING A TAX ON THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS, FOR THE YEAR 2019 FIXING THE RATE THEREOF AT 2.3 MILLS FOR GENERAL FUND OPERATIONS, 0.4 MILLS FOR THE FIREMEN'S PENSION AND RELIEF FUND, 0.4 MILLS FOR THE POLICEMEN'S PENSION AND RELIEF FUND, 2.5 MILLS FOR FAYETTEVILLE PUBLIC LIBRARY OPERATIONS, AND 1.2 MILLS FOR THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION; AND CERTIFYING THE SAME TO THE COUNTY CLERK OF WASHINGTON COUNTY, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That a tax is hereby levied on the real and personal property within the City of Fayetteville, Arkansas, for the year 2019 to be collected in 2020 for the following purposes at the following rates: REAL AND PERSONAL PROPERTY Purpose General Fund - Operations Fayetteville Public Library - Operations Fayetteville Public Library - Expansion Policemen's Pension and Relief Fund Firemen's Pension and Relief Fund TOTAL 2.3 mills 2.5 mills 1.2 mills 0.4 mills A n —;11� Lv 6.8 mills Section 2: That the real and personal property tax so levied and the rates provided therefor are hereby certified to the County Clerk of Washington County, Arkansas, to be placed in the tax book and collected in the same manner that the county and school district taxes are collected. Section 3: The City Clerk is hereby authorized and directed to file a certified copy of this Ordinance in the Office of the County Clerk for Washington County, Arkansas. City of Fayetteville, Arkansas Page I Printed on 9/5/2019 File Number: 2019-0540 City of Fayetteville, Arkansas Page 2 Printed on 915/2019 Paul Becker Submitted By City of Fayetteville Staff Review Form 2019-0540 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/26/2019 Chief Financial Officer/ _ Finance & Internal Services Department Submitted Date Division / Department Action Recommendation: City Council is requested to adopt real and personal property tax rates for 2019 for the Policemen's Pension & Relief, the Firemen's Pension & Relief Funds, the Fayetteville Public Library and the City's General Fund. The rate to be adopted for the Policemen's Pension & Relief Fund and the Firemen's Pension & Relief Fund is 0.4 mils for real property and 0.4 mils for personal property. The rate for the Fayetteville Public Library is 3.7 mils for real property and 3.7 mils for personal property. The rate requested for the City's General Fund is 2.3 mils for real property and 2.3 mils for personal property. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Previous Ordinance or Resolution # 6089 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Paul A. Becker, Chief Financial Officer DATE: August 26, 2019 SUBJECT: 2019 Millage Levy CITY COUNCIL MEMO RECOMMENDATION: City staff recommends that City Council approve the millage levy ordinance which includes 0.4 mils for the Policemen's Pension and Relief Fund, 0.4 mils for the Firemen's Pension and Relief Fund, 3.7 mils for the Fayetteville Public Library, and 2.3 mils for 2020 General Fund operations. BACKGROUND: Each year the City must approve an ordinance to renew the levy of ad valorem taxes on real and personal property within the City. This request will provide for such levy on property assessed during 2019. As of July 31, 2019, the total assessed value of real and personal property located within the city limits of Fayetteville is approximately $1.615 billion. The assessed valuation is before the Washington County Board of Equalization has made all changes to the County Assessors Abstract. Based on preliminary assessments, the growth in real property assessments is approximately 3.2%, as of now. This will likely decrease as the Washington County Board of Equalization has not finished making changes. DISCUSSION: A millage levy ordinance must be approved by City Council in order for the City to continue to collect property taxes for the Policemen's Pension and Relief Fund and the Firemen's Pension and Relief Fund. The millage levy for the Policemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils for personal property. The millage levy for the Firemen's Pension and Relief Fund is 0.4 mils for real property and 0.4 mils for personal property, as was approved by referendum. A millage levy ordinance must be approved for the operation of the Fayetteville Public Library. One was approved by the voters on October 1, 2002 and was for 1.0 mil for real property and 1.0 mil for personal property. On August 9, 2016 the citizens of Fayetteville Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 voted to increase the millage for the library. The referendum approved was for an increase of 1.5 mils for operations for a total of 2.5 mils for operations. Additionally, 1.2 mils was approved by the voters for the bond debt service for the library expansion. Total millage for 2019 will be 3.7 mils for the Fayetteville Public Library. The 1.20 mils will be removed when the bonds are retired. Finally, City staff is requesting that City Council approve a millage levy ordinance for General Fund operations in the amount of 2.3 mils for both real and personal property. The 2019 proposed property tax revenue amount based on the 2.3 mil levy is estimated to bring in $3,552,000 in General Fund revenue. Below is a proposed calendar of meetings during the months of September and October which can be used to discuss the millage levy. Tuesday, September 10 Agenda Session Tuesday, September 17 City Council Meeting Tuesday, September 24 Agenda Session Tuesday, October 1 City Council Meeting Tuesday, October 8 Agenda Session Tuesday, October 15 City Council Meeting BUDGET/STAFF IMPACT: The 0.4 mils Police and 0.4 mils Fire is needed to fund the Pension plans for both. The 2.5 mils is used to fund the operation and the 1.2 mils will be used for the bond debt service for the Fayetteville Public Library. The 2.3 mils will be used to fund General Fund operations. Attachments: The millage levy must be at Washington County in time to be included in their consolidated levy ordinance which will be approved at the November 21, 2019 Quorum Court meeting. The deadline for receipt of the City's levy by the County is October 31, 2019. The City levy will be added to the levies by Washington County, the various school districts, improvement districts and other cities within the County when the Washington County Quorum Court adopts its millage levy for 2019. The administration is requesting the following millage amounts: 2.3 mils for General Fund Operations 2.5 mils for the Fayetteville Public Library Operations 1.2 mils for the Fayetteville Public Library Expansion 0.4 mils for the Police Pension Fund 0.4 mils for the Fire Pension Fund If you have any questions concerning this agenda request, please contact Paul Becker at 575-8330. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 � Text File File Number: 2019-0477 Agenda Date: 9/17/2019 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Presentation Agenda Number: D. 1 AGENDA SESSION PRESENTATION - 2019 LEVY RECOMMENDATION AND GENERAL FUND BUDGET DISCUSSION City of Fayetteville, Arkansas Page 1 Printed on 915/2019 City of Fayetteville, Arkansas Text File File Number: 2019-0511 Agenda Date: 9/17/2019 Version: 1 In Control: City Council Meeting Agenda Number: D. 2 AGENDA SESSION PRESENTIATON - THE FUTURE OF BIOSOLIDS STUDY 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Agenda Ready File Type: Presentation City of Fayetteville, Arkansas Page 1 Printed on 915/2019