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HomeMy WebLinkAbout2020-11-17 - Agendas - ArchiveCouncil 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 Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting November 17, 2020 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 November 17, 2020 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: City Council Meeting Presentations, Reports, and Discussion Items: Agenda Additions: None A. Consent: 1. Approval of the November 5, 2020 City Council Meeting Minutes. APPROVED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 2. 2020-0917 RFQ 20-03 Garver LLC: A resolution to authorize a contract with Garver, LLC, pursuant to RFQ 20-03, to provide on -call aviation engineering services for a period of one year with automatic renewals for up to four additional one year terms, and to approve Task Order 1 in an amount not to exceed $20,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.281-20 3. 2020-0930 2020 Bulletproof Vest Partnership (BVP) Grant Program: A resolution to authorize acceptance of a matching grant award from the 2020 Bulletproof Vest Partnership program in the amount of $21,200.00 for the replacement of body armor vests for Fayetteville Police Officers, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.282-20 4. 2020-0983 Fayetteville Police Department Policies: A resolution to approve Fayetteville Police Department Policies 1.2.3 Bias Based Profiling Prohibited; 22.2.8 Military Activations; and 49.1.1 Peer to Peer Support Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.283-20 5. 2020-0935 Advanced Information Management (AIM): A resolution to authorize the destruction of certain records shown on the attached affidavits pursuant to relevant sections of the Arkansas Code related to maintenance and destruction of accounting and other city records. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 284-20 6. 2020-0938 Mohawk Resources LTD: A resolution to approve the purchase of a truck lift from Mohawk Resources LTD in the amount of $37,488.86 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by the Fleet Operations Division. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 285-20 7. 2020-0916 Bid #20-82 Second Nature Landscapes, Inc.: A resolution to award Bid #20-82 and authorize a contract with Second Nature Landscapes, Inc. in the amount of $134,397.50 for the installation and maintenance of trees along Rupple Road and Old Wire Road, to approve a project contingency in the amount of $13,000.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 286-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 8. 2020-0936 Bid #20-80 Legacy Construction Management, Inc.: A resolution to award Bid #20-80 and authorize a contract with Legacy Construction Management, Inc. in the amount of $378,794.00 for construction services associated with additions, repairs, and replacements at restrooms in multiple city parks, and to approve a project contingency in the amount of $37,236.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.287-20 9. 2020-0940 Fayetteville Public Library Expansion Project Change Order No. 7: A resolution to approve Change Order No. 7 to the Fayetteville Public Library Expansion Project contract with Crossland Construction Company, Inc. to shift $332,000.00 of the library's scope of work to the city, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.288-20 10.2020-0921 Repeal Resolution No. 245-20 Goodwin & Goodwin, Inc.: A resolution to repeal Resolution No. 245-20, to award Bid #20-71 and authorize a contract with Goodwin & Goodwin, Inc. in the amount of $288,326.10 for the construction of the Palmer Avenue Drainage Improvements Project, to approve a project contingency in the amount of $43,240.00, and to approve a budget adjustment — 2019 Drainage Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.289-20 11.2020-0231 RFQ #19-03 Design Workshop, Inc.: A resolution to authorize Mayor Jordan to sign an agreement with Design Workshop, Inc., pursuant to RFQ #19-03, in the amount of $185,739.00 for the development of a new ten-year Park System Master and Strategic Plan, and to approve a project contingency in the amount of $5,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 290-20 B. Unfinished Business: 1. 2020-0269 Markham Hospitality Owner, LLC Access Easement: A resolution to approve the conveyance of a permanent Access Easement to Markham Hospitality Owner, LLC and Markham Residential Owner, LLC across real property owned by the City of Fayetteville. This resolution was tabled indefinitely at the June 4, 2020 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 291-20 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov C. New Business: 1. 2020-0952 Multi -Craft Contractors, Inc.: An ordinance to waive formal competitive bidding and accept a quote in the amount of $29,750.00 from Multi -Craft Contractors, Inc. for repairs to a pump station damaged in a motor vehicle accident, to approve a project contingency in the amount of $2,975.00, to authorize the Mayor to sign a Release of Property Damage related to the vehicle accident, and to accept insurance funds in the amount of $25,000.00 as a settlement of all claims. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6378 2. 2020-0948 VAC 2020-004 (800 Block of N. Park Ave./Park Ave. Alley): An ordinance to approve VAC 20-004 for property located in the 800 block of North Park Avenue to vacate a portion of alley right-of-way. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6379 3. 2020-0955 RZN 2020-015 (NE of Zion Rd. & Randal Pl./La Hacienda of NWA): An ordinance to rezone that property described in rezoning petition RZN 20-015 located Northwest of Zion Road and Randal Place for approximately 3.27 acres from RMF-24, Residential Multi Family, 24 units per acre and R-O, Residential Office to RI-U, Residential Intermediate -Urban and CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6380 4. 2020-0953 Grading Permit Appeal: A resolution to grant the appeal of Manny Terminella regarding a notice of violation issued by the City Engineering Division for failure to obtain a grading permit for work being performed at 3180 East Township Street. THIS RESOLUTION FAILED 5. 2020-0943 RFQ-19-01 Olsson, Inc. Amendment #2: A resolution to approve Amendment No. 2 to the professional engineering services agreement with Olsson, Inc., pursuant to RFQ #19-01, in the amount of $154,900.00 for the remaining architectural services related to the replacement parking deck for the Cultural Arts Corridor Project, and to approve a budget adjustment — 2019 Cultural Arts Corridor Bond Project. THIS RESOLUTION WAS TABLED UNTIL THE DECEMBER 1, 2020 CITY COUNCIL MEETING 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov 6. 2020-0944 Economic Development Administration Grant: A resolution to authorize acceptance of an 80/20 Economic Development Administration grant in the amount of $2,000,000.00 for the construction of the Industrial Drive Extension, and to approve a budget adjustment - 2019 Economic Development Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.292-20 7. 2020-0929 RFQ # 20-01 Garver, LLC: A resolution to approve a professional engineering services agreement with Garver, LLC in the amount of $392,725.00, pursuant to RFQ # 20-01, Selection 21, for the design of the Rolling Hills Drive Project, to authorize the Mayor to acquire the easements and right-of-way necessary for the project, and to approve a budget adjustment - 2019 Transportation Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.293-20 8. 2020-0933 Olsson Associates, Inc. Amendment # 1: A resolution to approve Amendment No. 1 to the professional engineering services agreement with Olsson, Inc. in the amount of $196,190.00 for engineering services related to the design of the Midtown Corridor Project, and to approve a budget adjustment - 2019 Transportation Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.294-20 9. 2020-0947 2021 Annual Budget and Work Program: A resolution to adopt the 2021 Annual Budget and Work Program. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.295-20 Announcements: City Council Agenda Session Presentations: Adjournment: 8:22 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting: November 17, 2020 Adjourn: Subject: Roll Kinion Petty i Scroggin Bunch Turk Smith J Gutierrez J Marsh Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: Consent Motion To: Motion By: Seconded:J(:ZIA NI ia A. 1 - A. 11 A,a Xe i I _d& Kinion Petty , n A � Lrp 4�,,;z � of 0 k5 AL(' � alb-aG Scroggin ✓ Bunch Turk ✓ P,`% Smith -1)0 Gutierrez Marsh Mayor Jordan r�-0 Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: Markham Hospitality Owner, LLC Access Easement: 2020-0269 Motion To: �0- � rd r-I TGJ0 V -"e T Motion By: t , o n r s h Seconded: 01 ✓\, Unfinished Business B.1 1. Kinion JJ ✓ �� Petty njo to rL �-- �, b �,,o n ✓ Scroggin J J Bunch ✓ ` Turk Smith / dY Gutierrez Marsh Mayor Jordan ------- Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 5, 2020 Subject: Multi -Craft Contractors, INC.: 2020-0952 Motion To: A,lVe2Z Motion By: Seconded:�— New Business CA Kinion ✓ f Petty Scroggin Bunch ✓ �/ Turk Smith Gutierrez Marsh ` Mayor Jordan - -- Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 5, 2020 Subject: VAC 2020-004 (800 Block Of N. Park Ave./Park Ave. Alley): 2020-0948 Motion To: �� � r ve Motion By: are Seconded: New Business C.2 ✓ V \ Kinion Petty ✓ J Scroggin ✓ Bunch ✓ f Turk V/ Smith IV V/ Gutierrez Marsh Mayor Jordan ~�- Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: RZN 2020-015 (NE of Zion Rd. & Randal Pl./La Hacienda of NWA) 2020- 0955 Motion To: rd Motion By: Seconded: 4 New Business C.3 Kinion VII Petty V/ d 1Z Scroggin �z Bunch Turk Smith ✓ f Gutierrez Marsh Mayor Jordan 9-0 ez-0 ei�—o Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: Grading Permit Appeal: 2020-0953 Motion To: Motion By: Seconded: +` Kinion New Business C.4 Petty in 0 Scroggin AD Bunch RO Turk Smith Gutierrez Marsh in Mayor Jordan O- K Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: RFQ 19-01 Olsson, Inc. amendment #2: 2020-0943 Motion To: -G-bLe, Or Motion By: Seconded: Kinion V/ New Business C.5 Lt ,O ' Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: Economic Development Administration Grant: 2020-0944 Motion To: P Motion By:� r Seconded: Kinion Petty New Business Scroggin Bunch C.6 n � Turk Smith Gutierrez Marsh Mayor Jordan 1,0 Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: RFQ #20-01 Garver, LLC.: 2020-0929 Motion To: Motion By: Seconded: New Business C.7 Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan 8-d Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: Olsson Associates, INC. Amendment #1: 2020-0933 Motion To: ox(goe" Motion By: ma-rc Seconded: r PC re -Z' New Business C.8 Kinion Petty Scroggin J Bunch Turk ✓ Smith Gutierrez Marsh Mayor Jordan V-0 Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan City Council Meeting: November 17, 2020 Subject: 2021 Annual Budget and Work Program: 2020-0947 Motion To: Aoocooe. Motion By: Seconded: New Business C.9 Kinion Petty Scroggin 1Z Bunch Turk Smith Gutierrez Marsh f Mayor Jordan ef� _0 Subject: Motion To: Motion By: Seconded: Kinion Petty Scroggin Bunch Turk Smith Gutierrez Marsh Mayor Jordan Arvprdrx i�-)n City of Fayetteville, Arkansas 113 West Mountain Street Favetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, November 10, 2020 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward l Council Member Sarah Marsh Ward I 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 Kara Paxton City Council Agenda Session Tentative Agenda November 10, 2020 Call To Order /Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions /A. Consent: ✓A.1 2019-0990 APPROVAL OF THE NOVEMBER 5, 2020 CITY COUNCIL MEETING MINUTES v'/ A,2 2020-0917 RFQ 20-03 GARVER LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH GARVER, LLC, PURSUANT TO RFQ 20-03, TO PROVIDE ON -CALL AVIATION ENGINEERING SERVICES FOR A PERIOD OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS, AND TO APPROVE TASK ORDER 1 IN AN AMOUNT NOT TO EXCEED $20,000.00 JA.3 2020-0930 2020 BULLETPROOF VEST PARTNERSHIP (BVP) GRANT PROGRAM: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2020 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $21,200.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 111612020 City Council Agenda Session Tentative Agenda November 10, 2020 1' JA: 4 2020-0983 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.3 BIAS BASED PROFILING PROHIBITED; 22.2.8 MILITARY ACTIVATIONS; AND 49.1.1 PEER TO PEER SUPPORT PROGRAM A.5 2020-0935 ADVANCED INFORMATION MANAGEMENT (AIM): A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVITS PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS i A.6 2020-0938 MOHAWK RESOURCES LTD: A RESOLUTION TO APPROVE THE PURCHASE OF A TRUCK LIFT FROM MOHAWK RESOURCES LTD IN THE AMOUNT OF $37,488.86 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FLEET OPERATIONS DIVISION A.7 2020-0916 BID #20-82 SECOND NATURE LANDSCAPES, INC.: A RESOLUTION TO AWARD BID #20-82 AND AUTHORIZE A CONTRACT WITH SECOND NATURE LANDSCAPES, INC. IN THE AMOUNT OF $134,397.50 FOR THE INSTALLATION AND MAINTENANCE OF TREES ALONG RUPPLE ROAD AND OLD WIRE ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $13,000.00, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 3 Printed on 111W020 City Council Agenda Session Tentative Agenda November 10, 2020 A.8 2020-0936 BID #20-80 LEGACY CONSTRUCTION MANAGEMENT, INC.: A RESOLUTION TO AWARD BID #20-80 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $378,794.00 FOR CONSTRUCTION SERVICES ASSOCIATED WITH ADDITIONS, REPAIRS, AND REPLACEMENTS AT RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $37,236.00 !t.9 2020-0940 FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT CHANGE ORDER NO. 7: A RESOLUTION TO APPROVE CHANGE ORDER NO. 7 TO THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. TO SHIFT $332,000.00 OF THE LIBRARY'S SCOPE OF WORK TO THE CITY, AND TO APPROVE A BUDGET ADJUSTMENT ' A.10 2020-0921 REPEAL RESOLUTION NO.245-20 GOODWIN & GOODWIN, INC.: A RESOLUTION TO REPEAL RESOLUTION NO.245-20, TO AWARD BID #20-71 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $288,326.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $43,240.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 11/6/2020 City Council Agenda Session Tentative Agenda November 10, 2020 /A-1 1 2020-0231 RFQ #19-03 DESIGN WORKSHOP, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN AGREEMENT WITH DESIGN WORKSHOP, INC., PURSUANT TO RFQ #19-03, IN THE AMOUNT OF $185,739.00 FOR THE DEVELOPMENT OF A NEW TEN-YEAR PARK SYSTEM MASTER AND STRATEGIC PLAN, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 B. Unfinished Business: /B.1 2020-0269 MARKHAM HOSPITALITY OWNER, LLC ACCESS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC AND MARKHAM RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE This resolution was tabled indefinitely at the June 4, 2020 City Council meeting. C. New Business: C.1 2020-0952 MULTI -CRAFT CONTRACTORS, INC.: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $29,750.00 FROM MULTI -CRAFT CONTRACTORS, INC. FOR REPAIRS TO A PUMP STATION DAMAGED IN A MOTOR VEHICLE ACCIDENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,975.00, TO AUTHORIZE THE MAYOR TO SIGN A RELEASE OF PROPERTY DAMAGE RELATED TO THE VEHICLE ACCIDENT, AND TO ACCEPT INSURANCE FUNDS IN THE AMOUNT OF $25,000.00 AS A SETTLEMENT OF ALL CLAIMS City of Fayetteville, Arkansas Page 5 Printed on 111612020 City Council Agenda Session Tentative Agenda November 10, 2020 /c.2 2020-0948 VAC 2020-004 (800 BLOCK OF N. PARK AVE./PARK AVE. ALLEY): AN ORDINANCE TO APPROVE VAC 20-004 FOR PROPERTY LOCATED IN THE 800 BLOCK OF NORTH PARK AVENUE TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY ('.3 2020-0955 RZN 2020-015 (NE OF ZION RD. & RANDAL PL./LA HACIENDA OF NWA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-015 LOCATED NORTHWEST OF ZION ROAD AND RANDAL PLACE FOR APPROXIMATELY 3.27 ACRES FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND R-O, RESIDENTIAL OFFICE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND CS, COMMUNITY SERVICES ' CA 2020-0953 GRADING PERMIT APPEAL: A RESOLUTION TO GRANT THE APPEAL OF MANNY TERMINELLA REGARDING A NOTICE OF VIOLATION ISSUED BY THE CITY ENGINEERING DIVISION FOR FAILURE TO OBTAIN A GRADING PERMIT FOR WORK BEING PERFORMED AT 3180 EAST TOWNSHIP STREET �C.5 2020-0943 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ 419-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT City of Fayetteville, Arkansas Page 6 Printed on 111612020 City Council Agenda Session Tentative Agenda November 10, 2020 i C.6 2020-0944 ECONOMIC DEVELOPMENT ADMINISTRATION GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN 80/20 ECONOMIC DEVELOPMENT ADMINISTRATION GRANT IN THE AMOUNT OF $2,000,000.00 FOR THE CONSTRUCTION OF THE INDUSTRIAL DRIVE EXTENSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 ECONOMIC DEVELOPMENT BOND PROJECT C.7 2020-0929 RFQ # 20-01 GARVER, LLC: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $392,725.00.00, PURSUANT TO RFQ # 20-01, SELECTION 21, FOR THE DESIGN OF THE ROLLING HILLS DRIVE PROJECT, TO AUTHORIZE THE MAYOR TO ACQUIRE THE EASEMENTS AND RIGHT-OF-WAY NECESSARY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT J C.ii 2020-0933 „`c' IA- npfdz-�;' t-0 OLSSON ASSOCIATES, INC. AMENDMENT # 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $196,190.00 FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT J C.9 2020-0947 2021 ANNUAL BUDGET AND WORK PROGRAM: A RESOLUTION TO ADOPT THE 2021 ANNUAL BUDGET AND WORK PROGRAM D. City Council Agenda Session Presentations: City of Fayetteville, Arkansas Page 7 Printed on 11/6/2020 City Council Agenda Session Tentative Agenda November 10, 2020 E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 111612020 I I lqlao City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 At + if 1 1 _ � City Council Tentative Agenda Tuesday, November 10, 2020 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member Sarah Marsh Ward I 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 Kara Paxton City Council Agenda Session Tentative Agenda November 10, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Agenda Additions JA. Consent: �A.1 2019-0990 APPROVAL OF THE NOVEMBER 5, 2020 CITY COUNCIL MEETING MINUTES jA.2 2020-0917 RFQ 20-03 GARVER LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH GARVER, LLC, PURSUANT TO RFQ 20-03, TO PROVIDE ON -CALL AVIATION ENGINEERING SERVICES FOR A PERIOD OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS, AND TO APPROVE TASK ORDER I IN AN AMOUNT NOT TO EXCEED $20,000.00 Summer Fallen A.3 2020-0930 2020 BULLETPROOF VEST PARTNERSHIP (BVP) GRANT PROGRAM: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2020 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $21,200.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT Mike Reynolds City of Fayetteville, Arkansas Page 2 Printed on 111412020 City Council Agenda Session Tentative Agenda November 10, 2020 �A.4 2020-0983 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.3 BIAS BASED PROFILING PROHIBITED; 22.2.8 MILITARY ACTIVATIONS; AND 49.1.1 PEER TO PEER SUPPORT PROGRAM Mike Reynolds JA.5 2020-0935 ADVANCED INFORMATION MANAGEMENT (AIM): A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVITS PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS City Clerk �C'` IA.6 2020-0938 MOHAWK RESOURCES LTD: A RESOLUTION TO APPROVE THE PURCHASE OF A TRUCK LIFT FROM MOHAWK RESOURCES LTD IN THE AMOUNT OF $37,488.86 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FLEET OPERATIONS DIVISION Sara Glenn City of Fayetteville, Arkansas Page 3 Printed on 111412020 City Council Agenda Session Tentative Agenda November 10, 2020 A7 2020-0916 BID #20-82 SECOND NATURE LANDSCAPES, INC.: A RESOLUTION TO AWARD BID #20-82 AND AUTHORIZE A CONTRACT WITH SECOND NATURE LANDSCAPES, INC. IN THE AMOUNT OF $134,397.50 FOR THE INSTALLATION AND MAINTENANCE OF TREES ALONG RUPPLE ROAD AND OLD WIRE ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $13,000.00, AND TO APPROVE A BUDGET ADJUSTMENT Chris Brown JA.8 2020-0936 BID #20-80 LEGACY CONSTRUCTION MANAGEMENT, INC.: A RESOLUTION TO AWARD BID #20-80 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $378,794.00 FOR CONSTRUCTION SERVICES ASSOCIATED WITH ADDITIONS, REPAIRS, AND REPLACEMENTS AT RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $37,236.00 Wade Abernathy A.9 2020-0940 FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT CHANGE ORDER NO. 7: A RESOLUTION TO APPROVE CHANGE ORDER NO. 7 TO THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. TO SHIFT $332,000.00 OF THE LIBRARY'S SCOPE OF WORK TO THE CITY, AND TO APPROVE A BUDGET ADJUSTMENT Wade Abernathy City of Fayetteville, Arkansas Page 4 Printed on 111412020 City Council Agenda Session Tentative Agenda November 10, 2020 VIA.10 2020-0921 REPEAL RESOLUTION NO.245-20 GOODWIN & GOODWIN, INC.: A RESOLUTION TO REPEAL RESOLUTION NO.245-20, TO AWARD BID #20-71 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $288,326.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $43,240.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT Matt Casey A.11 2020-0231 RFQ #19-03 DESIGN WORKSHOP, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN AGREEMENT WITH DESIGN WORKSHOP, INC., PURSUANT TO RFQ #19-03, IN THE AMOUNT OF $185,739.00 FOR THE DEVELOPMENT OF A NEW TEN-YEAR PARK SYSTEM MASTER AND STRATEGIC PLAN, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 Theodore Jack B. Unfinished Business: TBD jB.1 2020-0269 MARKHAM HOSPITALITY OWNER, LLC ACCESS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC AND MARKHAM RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE Garner Stoll This resolution was table indefinitely at the June 4, 2020 City Council meeting. C. New Business: City of Fayetteville, Arkansas Page 5 Printed on 11/412020 City Council Agenda Session Tentative Agenda November 10, 2020 CA 2020-0952 MULTI -CRAFT CONTRACTORS, INC.: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $29,750.00 FROM MULTI -CRAFT CONTRACTORS, INC. FOR REPAIRS TO A PUMP STATION DAMAGED IN A MOTOR VEHICLE ACCIDENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,975.00, TO AUTHORIZE THE MAYOR TO SIGN A RELEASE OF PROPERTY DAMAGE RELATED TO THE VEHICLE ACCIDENT, AND TO ACCEPT INSURANCE FUNDS IN THE AMOUNT OF $25,000.00 AS A SETTLEMENT OF ALL CLAIMS Andrea Foren 1 C.2 2020-0948 VAC 2020-004 (800 BLOCK OF N. PARK AVE./PARK AVE. ALLEY): AN ORDINANCE TO APPROVE VAC 20-004 FOR PROPERTY LOCATED IN THE 800 BLOCK OF NORTH PARK AVENUE TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY Garner Stoll C.3 2020-0955 RZN 2020-015 (NE OF ZION RD. & RANDAL PL./LA HACIENDA OF NWA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-015 LOCATED NORTHWEST OF ZION ROAD AND RANDAL PLACE FOR APPROXIMATELY 3.27 ACRES FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND R-O, RESIDENTIAL OFFICE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND CS, COMMUNITY SERVICES Garner Stoll City of Fayetteville, Arkansas Page 6 Printed on 111412020 City Council Agenda Session Tentative Agenda November 10, 2020 /C.4 2020-0953 GRADING PERMIT APPEAL: A RESOLUTION TO GRANT THE APPEAL OF MANNY TERMINELLA REGARDING A NOTICE OF VIOLATION ISSUED BY THE CITY ENGINEERING DIVISION FOR FAILURE TO OBTAIN A GRADING PERMIT FOR WORK BEING PERFORMED AT 3180 EAST TOWNSHIP STREET Chris Brown i C.5 2020-0943 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT Wade Abernathy C.6 2020-0944 ECONOMIC DEVELOPMENT ADMINISTRATION GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN 80/20 ECONOMIC DEVELOPMENT ADMINISTRATION GRANT IN THE AMOUNT OF $2,000,000.00 FOR THE CONSTRUCTION OF THE INDUSTRIAL DRIVE EXTENSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 ECONOMIC DEVELOPMENT BOND PROJECT Devin Howland City of Fayetteville, Arkansas Page 7 Printed on 111412020 City Council Agenda Session Tentative Agenda November 10, 2020 /C.7 2020-0929 RFQ # 20-01 GARVER, LLC: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $392,725.00.00, PURSUANT TO RFQ # 20-01, SELECTION 21, FOR THE DESIGN OF THE ROLLING HILLS DRIVE PROJECT, TO AUTHORIZE THE MAYOR TO ACQUIRE THE EASEMENTS AND RIGHT-OF-WAY NECESSARY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT Matt Casey C.8 2020-0933 OLSSON ASSOCIATES, INC. AMENDMENT # 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $196,190.00 FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT Matt Casey C.9 2020-0947 2021 ANNUAL BUDGET AND WORK PROGRAM: A RESOLUTION TO ADOPT THE 2021 ANNUAL BUDGET AND WORK PROGRAM Paul Becker D. City Council Agenda Session Presentations: E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 111412020 Ll DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistnnt City Attorney Jodi Batker THRU: Kara Paxton, City Clerk Parnlegnt FROM: Kit Williams, City Attorney( DATE: November 18, 2020 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of November 17, 2020 1. A RESOLUTION TO AUTHORIZE A CONTRACT WITH GARVER, LLC, PURSUANT TO RFQ 20-03, TO PROVIDE ON -CALL AVIATION ENGINEERING SERVICES FOR A PERIOD OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS, AND TO APPROVE TASK ORDER 1 IN AN AMOUNT NOT TO EXCEED $20,000.00 2. A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2020 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $21,200.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT 3. A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.3 BIAS BASED PROFILING PROHIBITED; 22.2.8 MILITARY ACTIVATIONS; AND 49.1.1 PEER TO PEER SUPPORT PROGRAM 4. A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVITS PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS 5. A RESOLUTION TO APPROVE THE PURCHASE OF A TRUCK LIFT FROM MOHAWK RESOURCES LTD IN THE AMOUNT OF $37,488.86 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FLEET OPERATIONS DIVISION 6. A RESOLUTION TO AWARD BID #20-82 AND AUTHORIZE A CONTRACT WITH SECOND NATURE LANDSCAPES, INC. IN THE AMOUNT OF $134,397.50 FOR THE INSTALLATION AND MAINTENANCE OF TREES ALONG RUPPLE ROAD AND OLD WIRE ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $13,000.00, AND TO APPROVE A BUDGET ADJUSTMENT 7. A RESOLUTION TO AWARD BID 420-80 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $378,794.00 FOR CONSTRUCTION SERVICES ASSOCIATED WITH ADDITIONS, REPAIRS, AND REPLACEMENTS AT RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $37,236.00 8. A RESOLUTION TO APPROVE CHANGE ORDER NO. 7 TO THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. TO SHIFT $332,000.00 OF THE LIBRARY'S SCOPE OF WORK TO THE CITY, AND TO APPROVE A BUDGET ADJUSTMENT 9. A RESOLUTION TO REPEAL RESOLUTION NO. 245-20, TO AWARD BID #20-71 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $288,326.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $43,240.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT 10. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN AGREEMENT WITH DESIGN WORKSHOP, INC., PURSUANT TO RFQ #19-03, IN THE AMOUNT OF $185,739.00 FOR THE DEVELOPMENT OF A NEW TEN-YEAR PARK SYSTEM MASTER AND STRATEGIC PLAN, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 11. A RESOLUTION TO APPROVE THE CONVEYANCE OF A NONEXCLUSIVE PERMANENT ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC AND MARKHAM RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE 12. AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $29,750.00 FROM MULTI -CRAFT CONTRACTORS, INC. FOR REPAIRS TO A PUMP STATION DAMAGED IN A MOTOR VEHICLE ACCIDENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,975.00, TO AUTHORIZE THE MAYOR TO SIGN A RELEASE OF PROPERTY DAMAGE RELATED TO THE VEHICLE ACCIDENT, AND TO ACCEPT INSURANCE FUNDS IN THE AMOUNT OF $25,000.00 AS A SETTLEMENT OF ALL CLAIMS 13. AN ORDINANCE TO APPROVE VAC 20-004 FOR PROPERTY LOCATED IN THE 800 BLOCK OF NORTH PARK AVENUE TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY 14. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-015 LOCATED NORTHWEST OF ZION ROAD AND RANDAL PLACE FOR APPROXIMATELY 3.27 ACRES FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND R-O, RESIDENTIAL OFFICE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND CS, COMMUNITY SERVICES 15. A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN 80/20 ECONOMIC DEVELOPMENT ADMINISTRATION GRANT IN THE AMOUNT OF $2,000,000.00 FOR THE CONSTRUCTION OF THE INDUSTRIAL DRIVE EXTENSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 ECONOMIC DEVELOPMENT BOND PROJECT 16. A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $392,725.00, PURSUANT TO RFQ # 20-01, SELECTION 21, FOR THE DESIGN OF THE ROLLING HILLS DRIVE PROJECT, TO AUTHORIZE THE MAYOR TO ACQUIRE THE EASEMENTS AND RIGHT-OF-WAY NECESSARY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT 17. A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $196,190.00 FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT 18. A RESOLUTION TO ADOPT THE 2021 ANNUAL BUDGET AND WORK PROGRAM Parcel No. 765-14547-000 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 Markham Hospitality Owner LLC, an Arkansas limited liability company, and Markham Residential Owner, LLC, an Arkansas limited liability company, hereinafter called GRANTEES, and unto Grantee's successors and assigns, a nonexclusive 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 (Warranty Deed, Book 520, page 199 $ Book 520, page 200): Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the NW 1/4 of Sec. 17, T 16 N, R 30 W in Washington County, Arkansas; said point being on the East line of said SW 1/4 of the NW 1/4; thence West and parallel to the South line of said SW 1/4 of the NW 1/4 of said Sec. 17, 266. 8 feet more or less; thence South parallel to the East line of said SW 1/4 of the NW 1/4 105 feet; thence West and parallel to the South line of said SW 1/4 of the NW 1/4 270 feet; thence North and parallel to the East line of the SW'/4 of the NW 1/4 270 feet; thence East and parallel to the South line of the SW 1/4 of the NW 1/4 270 feet; thence South and parallel to the East line of said SW 1/4 of the NW /4 115 feet; thence East and parallel to the South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or less to a point on the East line of said SW 114 of the NW 1/4 of Section 17; thence South along the East line of said SW 1/4 of the NW 1/4 50 feet to the point of beginning, and containing 1.98 acres, more or less. PERMANENT ACCESS EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 17, Township 16 North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: COMMENCING at a five -eighths inch (5/8") rebar marking the southeast corner of said Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4); thence by bearing and distance (basis of bearing, Grid North), North 03'36'12" East along the east line thereof a distance of 593.89 feet to a five -eighths inch (5/8") rebar at the southeast corner of a tract conveyed to the City of Fayetteville by Warranty Deed, Book 520, page 199, and by Warranty Deed, Book 520, page 200, both filed for record on May 5, 1959, for the POINT OF BEGINNING; thence leaving said east line, North 86'14'11" West along the south line of said City of Fayetteville tract a distance of 266.05 feet to a corner of said City of Fayetteville tract; thence leaving said south line, North 03°45'49" East a distance of 50.00 feet to a corner of said City of Fayetteville tract; thence South 86'14'11" East along the north line of said City of Fayetteville tract a distance of 265.91 feet to said east line of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4); thence South 03'36'12" West along said east line a distance of 50.00 feet to the Point of Beginning. 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 The consideration first above recited as being paid to Grantors by Grantees 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 Grantees is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the day of 2020. ATTEST: Kara Paxton, City Clerk Treasurer 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 Kara Paxton, 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 Treasurer 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 , 2020. MY COMMISSION EXPIRES: Notary Public BEA OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney ( -1 DATE: November 17, 2020 RE: Access Easement for Rear Alley on Markham Hill Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal At the end of the last City Council meeting, I advised you and the public that the applicant for the proposed access easement using our driveway to our water tower on Markham Hill had requested it be removed from the table and considered at this meeting. In order to do so, a Council Member will need make a motion that this item be removed from the table and considered at the beginning of Unfinished Business. I have again reviewed the proposed access easement which would allow rear access so that several driveways would not have to be built to connect with Sang Avenue on Markham Hill with likely damage to or destruction of several mature trees along Sang. This Resolution to approve had been tabled indefinitely upon the request of the applicant. The easement as written is probably okay and would not be interpreted to imply it was an exclusive access easement only for the use of the developer. However, I prefer not to allow any possible misunderstanding, and so I recommend (once the item is removed from the table) that it be amended to add "nonexclusive" before "easement" both in the Resolution and the actual Access Easement document that Mayor Jordan will sign if authorized by the City Council. I have already explained this proposed change with the applicant who agreed this was always their intention and so had no objection to making the nonexclusive nature of their access easement crystal clear. Attached is the very slightly amended Resolution and Access Easement document. Parcel No. 765-14547-000 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 Markham Hospitality Owner LLC, an Arkansas limited liability company, and Markham Residential Owner, LLC, an Arkansas limited liability company, hereinafter called GRANTEES, and unto Grantee's successors and assigns, a nonexclusive 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 (Warranty Deed, Book 520, page 199 & Book 520, page 200): Beginning at a point which is 594.0 feet North of the SE corner of the SW 1/4 of the NW 1/4 of Sec. 17, T 16 N, R 30 W in Washington County, Arkansas; said point being on the East line of said SW 1/4 of the NW 1/4; thence West and parallel to the South line of said SW 1/4 of the NW 1/4 of said Sec. 17, 266. 8 feet more or less; thence South parallel to the East line of said SW 1/4 of the NW 1/4 105 feet; thence West and parallel to the South line of said SW 1/4 of the NW 1/4 270 feet; thence North and parallel to the East line of the SW % of the NW 1/4 270 feet; thence East and parallel to the South line of the SW 1/4 of the NW 114 270 feet; thence South and parallel to the East line of said SW 1/4 of the NW /4 115 feet; thence East and parallel to the South line of the SW 1/4 of the NW 1/4 266. 8 feet, more or less to a point on the East line of said SW 1/4 of the NW 1/4 of Section 17; thence South along the East line of said SW 114 of the NW 1/4 50 feet to the point of beginning, and containing 1.98 acres, more or less. PERMANENT ACCESS EASEMENT DESCRIPTION: Part of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4) of Section 17, Township 16 North, Range 30 West, of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: COMMENCING at a five -eighths inch (5/8") rebar marking the southeast corner of said Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4); thence by bearing and distance (basis of bearing, Grid North), North 03036'12" East along the east line thereof a distance of 593.89 feet to a five -eighths inch (5/8") rebar at the southeast corner of a tract conveyed to the City of Fayetteville by Warranty Deed, Book 520, page 199, and by Warranty Deed, Book 520, page 200, both filed for record on May 5, 1959, for the POINT OF BEGINNING; thence leaving said east line, North 86014'11" West along the south line of said City of Fayetteville tract a distance of 266.05 feet to a corner of said City of Fayetteville tract; thence leaving said south line, North 03045'49" East a distance of 50.00 feet to a corner of said City of Fayetteville tract; thence South 86014'11" East along the north line of said City of Fayetteville tract a distance of 265.91 feet to said east line of the Southwest Quarter of the Northwest Quarter (SW1/4 NW1/4); thence South 03036'12" West along said east line a distance of 50.00 feet to the Point of Beginning. RESOLUTION NO. A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT NON- EXCLUSIVE ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC AND MARKHAM RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE WHEREAS, on January 13, 2020, Specialized Real Estate received preliminary plat development entitlement for 26 single-family lots along Markham Road, Cross Avenue and Sang Avenue; and WHEREAS, the preliminary plat includes seven lots fronting Sang Avenue with a proposed rear alley from Markham Road to a City utility access road that currently allows access to a water tower from Sang Avenue; and WHEREAS, in exchange for a 9,310 square feet non-exclusive access easement, the applicant will pay $10,586.00 and has agreed to widen, mill, and overlay the existing utility access road; and WHEREAS, the preliminary plat's approval is conditioned on obtaining this access easement from the City. 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 an Access Easement, a copy of which is attached to this Resolution, to Markham Hospitality Owner, LLC and Markham Residential Owner, LLC, in exchange for $10,586.00 and the widening, milling, and overlaying of the easement to the City's specifications. PASSED and APPROVED this 2"d day of June, 2020. APPROVED: ATTEST: By: LIONELD JORDAN, Mayor BY: KARA PAXTON, City Clerk/Treasurer CityClerk From: CityClerk Sent: Wednesday, November 18, 2020 10:35 AM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: Lisa Orton Subject: FW: Final remarks on SREG's request to purchase access to City land on Markham Hill Please see email below from Lisa Orton. The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can also submit a public comment using the link provide below which will automatically be routed to Council Members. The link can be found on the City Clerk page on the city website. https://documents.fayetteville-ar.gov/Forms/publiccomment Have a nice day! Office of the City Clerk Treasurer 113 W. Mountain Street, Suite 308 Fayetteville, AR 72701 479.575.8323 cityclerk(abfayetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANSAS From: Lisa Orton <lisa_m_orton@yahoo.com> Sent: Tuesday, November 17, 2020 5:05 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Cc: Lisa Orton <lisa_m_orton@yahoo.com>; University Heights Neighbors <university-heights-na@listserv.uark.edu> Subject: Final remarks on SREG's request to purchase access to City land on Markham Hill CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council, I have three comments or questions I hope you will address tonight concerning SREG's request to purchase access to City land between Sang Ave and the water tower on Markham Hill. (1) Markham Hospitality Owner and Markham Residential Owner or SREG for short does not need to purchase an access easement from the City in order to build their proposed seven -house development in the historic, wooded horse pasture on the corner of Markham Rd and Sang Ave. One exit onto Markham Rd is sufficient. Many people prefer living on a dead end street or alley because there is no through traffic. Please do not approve SREG's request to purchase an access easement through City of Fayetteville property. Why? It is not necessary for SREG's development of Markham Hill. The City is not required to sell access of its land to any resident or developer just because they ask. The neighbors in that area want their properties protected from excess traffic. Especially on upper Sang Ave and the Haskell Heights area. It has been a dead end street for over 100 years and the residents want it to remain that way. There is opposition of the Markham Hill development in general among Fayetteville residents and others (over 10,000 on the petition so far and growing). There is no need to approve every request from a developer just because the land was rezoned. At least that was what several City officials told me two years ago to reassure me that an upzoning does not guarantee that the development will even take place. The City staff report says, "The preliminary plat's approval was conditioned on garnering approval of an access easement through the City property from City Council." Please do not approve an access easement through the City property. This would then disapprove the preliminary plat. This would be a first step in moving toward the goal of the City helping in protecting all the urban forest, natural land, wildlife, historic places, archeology, and Native American sites on Markham Hill. As an example, this particular 7-house development between Markham Rd and Sang Ave would destroy Evangeline Archer's 1930s barn, horse pasture, and spring with its 1930s rock -piled wall. (2) If you do approve this sale of an access easement of City land to SREG, please put in writing that it is NOT exclusive to their use only. (3) Who exactly is requesting to buy an access easement on City land? Who are SREG's stakeholders in Markham Residential Owner and Markham Hospitality Owner? I believe the City Council and the people of Fayetteville have a right to know who specifically is planning to destroy Markham Hill, a Fayetteville treasure. Who exactly are the stakeholders and what are their percentages of ownership of the Markham Hill property? Aside notes: (1) RSF-4 originated many years ago in the U.S. to prevent integration and to support discrimination, Of course, prejudiced people in banks, mortgage companies, and neighborhoods had a role too. However, today in Fayetteville, people of all races and ethnicities live in RSF-4 neighborhoods. To say otherwise is stereotyping entire people groups. RSF-4 is not a bad word any longer. It is not evil. It is a desirable neighborhood zoning for people of all races and ethnicities. My 30 years in the Baltimore/Washington DC area and my retirement now back in Fayetteville in my low - density RSF-4 neighborhood have been very diverse. RSF-4 zoning does not mean rich white people any longer. (2) There are different visions of Fayetteville among residents here. Two are: (a) infill, mixed use, crowded city, and (b) historic, artsy, wooded, university town where neighborhoods are valued (some low density, some mixed use, some high density, depending on what those specific neighborhoods want for themselves). The first is developer -centered and the second is neighborhood or resident -centered. The first deforests parts of the city in order to develop. The second values and preserves all its urban forests. The first keeps wanting to grow, grow, grow. The second wants to grow reasonably, making sure the environment does not suffer because of it. Thank you for your consideration. Sincerely, Lisa Orton 1663 W Hassell Rd Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Patrick Gentry Address or Ward* Address Ward Locate Your Ward Number Ward * Ward 1 Phone Number 8704055910 Email patrickgentry2010@gmail.com Meeting Body* City Council Agenda Item Markham Hill Number/Subject Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments Hello, I am writing to you because of an issue that will be discussed at tonight's city council meeting. That issue I am referring to is the discussion concerning Markham Hill. I would firstly like to state that I have been a resident of Fayetteville since 2014 and grew up visiting Fayetteville numerous times a year. With saying that, I have watched Fayetteville develop tremendously. My main concern with some recent development (Markham Hill) is that there are barren areas left to develop, so why destroy one of the oldest forests in Fayetteville? If you were not aware, the lush greenery impacts the quality of life, and is why many choose to call Fayetteville home. Not only would voting to increase development in Markham Hill decline the quality of life for residents, it would also detrimentally destroy one of the last remaining patches of forest in such a historic area of Fayetteville. Preservation is more important than unnecessary development. SREG has strongholds such as the south yard, uptown, creeekside, etc.. Who really would benefit from more deforestation? Definitely not the residents of Fayetteville. Vote for what is right for the people. Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote 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. Enter the text you want this field to display Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Address or Ward* Blair Nicole Koons Address • Ward Locate Your Ward Number Ward * Ward 1 Phone Number 4793130602 Email blair.koons@gmail.com Meeting Body* City Council Agenda Item 2020-0269 / Markham Hill / Markham Hospitality Owner, LLC Access Number/Subject Easement Please click the link below to navigate to the Agenda Page Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments Dear City Council and Mayor - I write to you in regards to Specialized Real Estate Group's continuing destruction and deforestation of Markham Hill. I understand that they are specifically requesting to acquire the road which accesses the Markham Hill water tower and I write to you today in an effort to urge you to table this motion. As a Fayetteville native I was lucky to grow up with access to Markham Hill and its trails. I never could have imagined that we would be where we are today, as thousands of residents have opposed the development of this property in an effort to conserve and preserve the historical and environmental significance that Markham Hill offers. Here is an excerpt from a media release from the City of Fayetteville concerning the 'Celebration of Trees': The Urban Forestry Advisory Board and Urban Forestry staff stress "Right Tree, Right Place." Trees can take many years to reach their mature height and spread. Many residential areas in Fayetteville are lacking shade trees near sidewalks and shading on the southern and western sides of homes. Shade trees can provide many benefits such as reducing cooling costs, providing habitat for wildlife, helping with storm water, and providing beauty to our city. I don't feel like I need to further address the hypocrisy of this media release as the city continues to allow Specialized Real Estate Group to further the deforestation and destruction of 144 acres of urban forest within city limits. It's truly wild. Please, table this issue. Reconsider what can be done to preserve Markham Hill. There has to be some sort of solution that doesn't involve the continuing deforestation of our city by a real estate group who are the true benefactors of this project. Blair Koons Attachments PDF preferred Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote 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. Enter the text you want this field to display CityClerk From: CityClerk Sent: Tuesday, November 17, 2020 1:40 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: blair.koons@gmail.com Subject: FW: Markham Hill/Please Forward to City Council Please see public comment below. We are happy to forward your email but you can also submit your public comment here. From: blair koons <blair.koons@gmail.com> Sent: Tuesday, November 17, 2020 1:36 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Markham Hill/Please Forward to City Council CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council and Mayor - I write to you in regards to Specialized Real Estate Group's continuing destruction and deforestation of Markham Hill. I understand that they are specifically requesting to acquire the road which accesses the Markham Hill water tower and I write to you today in an effort to urge you to table this motion. As a Fayetteville native I was lucky to grow up with access to Markham Hill and its trails. I never could have imagined that we would be where we are today, as thousands of residents have opposed the development of this property in an effort to conserve and preserve the historical and environmental significance that Markham Hill offers. Here is an excerpt from a media release from the City of Fayetteville concerning the 'Celebration of Trees': The Urban Forestry Advisory Board and Urban Forestry staff stress "Right Tree, Right Place." Trees can take many years to reach their mature height and spread. Many residential areas in Fayetteville are lacking shade trees near sidewalks and shading on 1 the southern and western sides of homes. Shade trees can provide many benefits such as reducing cooling costs, providing habitat for wildlife, helping with storm water, and providing beauty to our city. I don't feel like I need to further address the hypocrisy of this media release as the city continues to allow Specialized Real Estate Group to further the deforestation and destruction of 144 acres of urban forest within city limits. It's truly wild. Please, table this issue. Reconsider what can be done to preserve Markham Hill. There has to be some sort of solution that doesn't involve the continuing deforestation of our city by a real estate group who are the true benefactors of this project. Blair Koons 479.313.0602 blair.koons@gmail.com 4 CityClerk From: CityClerk Sent: Tuesday, November 17, 2020 1:38 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: Beth Strickland Subject: FW: B.1 2020-0269 City Council Meeting Please see public comment below. We are happy to forward your email but you can also submit your public comment here. -----Original Message ----- From: Beth Strickland <bethst@cox.net> Sent: Tuesday, November 17, 2020 10:20 AM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: B.1 2020-0269 City Council Meeting CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, Please deny the easement access to SREG at the City Council meeting on November 17th. SREG is destroying the beauty of Markham Hill and robbing our residents of mature green spaces. Please think about the future for our children. They don't want more buildings and concrete. We owe it to them to protect what God has given us and preserve it for future generations. Kindest Regards, Beth & John Strickland Sent from my iPhone November 16, 2020 CityClerk@fayetteville-ar.gov Dear Sirs: We acknowledge that the proposed sale of land to SREG is part of the design plan previously authorized by the city. However, we again note that this will increase traffic onto SANG AVE. (SOUTH OF MARKHAM) whose roadway is already inadequate. While we applaud the new Markham Hill Loop trail, it has resulted in increased foot and vehicular traffic on this narrow section of SANG AVE. We also appreciate the repair of the sink hole on SANG AVE. West of John Williams' home. However, the repair left a dangerous gap on the West edge between the concrete `lip' on top of the culvert. We ask you to reject the request of SREG to approve access to this strip of land under consideration. Thank you, Lynn F. and Elaine Wade CityClerk From: CityClerk Sent: Tuesday, November 17, 2020 1:36 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: Lynn Nabb Subject: FW: Markham Hill City Council development agenda item Please see public comment below. We are happy to forward your email but you can also submit your public comment here. -----Original Message ----- From: Lynn Nabb <tulsahikingirl@yahoo.com> Sent: Tuesday, November 17, 2020 12:25 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Markham Hill City Council development agenda item CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please add my comments below to this evening's City Council meeting. Thank you! Fayetteville and NW Arkansas are known for the unique natural beauty. It's really important to maintain the focus on preserving natural areas in Fayetteville. Markham Hill should be preserved, not destroyed by developers. It has great historical and ecological significance, and is one of the few natural areas that we have an opportunity to preserve. I implore the City Council to stop the destruction of Markham Hill until a sponsor can be found to purchase the land for preservation. Sincerely, Lynn Nabb Sent from my iPhone CityClerk From: CityClerk Sent: Tuesday, November 17, 2020 1:32 PM To: Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Batker, Jodi; Johnson, Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford, Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle Cc: James Gentry Subject: FW: CITY COUNCIL: URGENT: Unfinished Business;Markham Hill Please see public comment below. We are happy to forward your email but you can also submit your public comment here. From: James Gentry <patrickgentry2010@gmail.com> Sent: Tuesday, November 17, 2020 12:29 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: CITY COUNCIL: URGENT: Unfinished Business; Markham Hill CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, I am writing to you because of an issue that will be discussed at tonight's city council meeting. That issue I am referring to is the discussion concerning Markham Hill. I would firstly like to state that I have been a resident of Fayetteville since 2014 and grew up visiting Fayetteville numerous times a year. With saying that, I have watched Fayetteville develop tremendously. My main concern with some recent development (Markham Hill) is that there are barren areas left to develop, so why destroy one of the oldest forests in Fayetteville? If you were not aware, the lush greenery impacts the quality of life, and is why many choose to call Fayetteville home. Not only would voting to increase development in Markham Hill decline the quality of life for residents, it would also detrimentally destroy one of the last remaining patches of forest in such a historic area of Fayetteville. Preservation is more important than unnecessary development. SREG has strongholds such as the south yard, uptown, creeekside, etc.. Who really would benefit from more deforestation? Definitely not the residents of Fayetteville. Vote for what is right for the people. Thank you, Patrick Gentry City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, November 17, 2020 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I 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 Kara Paxton City Council Meeting Final Agenda November 17, 2020 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Agenda Additions A. Consent A.1 2019-0990 APPROVAL OF THE NOVEMBER 5, 2020 CITY COUNCIL MEETING MINUTES A.2 2020-0917 RFQ 20-03 GARVER LLC: A RESOLUTION TO AUTHORIZE A CONTRACT WITH GARVER, LLC, PURSUANT TO RFQ 20-03, TO PROVIDE ON -CALL AVIATION ENGINEERING SERVICES FOR A PERIOD OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS, AND TO APPROVE TASK ORDER 1 IN AN AMOUNT NOT TO EXCEED $20,000.00 A.3 2020-0930 2020 BULLETPROOF VEST PARTNERSHIP (BVP) GRANT PROGRAM: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2020 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $21,200.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 2 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 A.4 MR A.6 UVA 2020-0983 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.3 BIAS BASED PROFILING PROHIBITED; 22.2.8 MILITARY ACTIVATIONS; AND 49.1.1 PEER TO PEER SUPPORT PROGRAM 2020-0935 ADVANCED INFORMATION MANAGEMENT (AIM): A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVITS PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS 2020-0938 MOHAWK RESOURCES LTD: A RESOLUTION TO APPROVE THE PURCHASE OF A TRUCK LIFT FROM MOHAWK RESOURCES LTD IN THE AMOUNT OF $37,488.86 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FLEET OPERATIONS DIVISION 2020-0916 BID #20-82 SECOND NATURE LANDSCAPES, INC.: A RESOLUTION TO AWARD BID #20-82 AND AUTHORIZE A CONTRACT WITH SECOND NATURE LANDSCAPES, INC. IN THE AMOUNT OF $134,397.50 FOR THE INSTALLATION AND MAINTENANCE OF TREES ALONG RUPPLE ROAD AND OLD WIRE ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $13,000.00, AND TO APPROVE A BUDGET ADJUSTMENT City of Fayetteville, Arkansas Page 3 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 A.8 A.9 A.10 2020-0936 BID #20-80 LEGACY CONSTRUCTION MANAGEMENT, INC.: A RESOLUTION TO AWARD BID #20-80 AND AUTHORIZE A CONTRACT WITH LEGACY CONSTRUCTION MANAGEMENT, INC. IN THE AMOUNT OF $378,794.00 FOR CONSTRUCTION SERVICES ASSOCIATED WITH ADDITIONS, REPAIRS, AND REPLACEMENTS AT RESTROOMS IN MULTIPLE CITY PARKS, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $37,236.00 2020-0940 FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT CHANGE ORDER NO. 7: A RESOLUTION TO APPROVE CHANGE ORDER NO. 7 TO THE FAYETTEVILLE PUBLIC LIBRARY EXPANSION PROJECT CONTRACT WITH CROSSLAND CONSTRUCTION COMPANY, INC. TO SHIFT $332,000.00 OF THE LIBRARY'S SCOPE OF WORK TO THE CITY, AND TO APPROVE A BUDGET ADJUSTMENT 2020-0921 REPEAL RESOLUTION NO.245-20 GOODWIN & GOODWIN, INC.: A RESOLUTION TO REPEAL RESOLUTION NO. 245-20, TO AWARD BID #20-71 AND AUTHORIZE A CONTRACT WITH GOODWIN & GOODWIN, INC. IN THE AMOUNT OF $288,326.10 FOR THE CONSTRUCTION OF THE PALMER AVENUE DRAINAGE IMPROVEMENTS PROJECT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $43,240.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 DRAINAGE BOND PROJECT City of Fayetteville, Arkansas Page 4 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 A.11 2020-0231 RFQ #19-03 DESIGN WORKSHOP, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN AGREEMENT WITH DESIGN WORKSHOP, INC., PURSUANT TO RFQ #19-03, IN THE AMOUNT OF $185,739.00 FOR THE DEVELOPMENT OF A NEW TEN-YEAR PARK SYSTEM MASTER AND STRATEGIC PLAN, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 B. Unfinished Business BA 2020-0269 MARKHAM HOSPITALITY OWNER, LLC ACCESS EASEMENT: A RESOLUTION TO APPROVE THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT TO MARKHAM HOSPITALITY OWNER, LLC AND MARKHAM RESIDENTIAL OWNER, LLC ACROSS REAL PROPERTY OWNED BY THE CITY OF FAYETTEVILLE This resolution was tabled indefinitely at the June 4, 2020 City Council meeting. C. New Business C.1 2020-0952 MULTI -CRAFT CONTRACTORS, INC.: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND ACCEPT A QUOTE IN THE AMOUNT OF $29,750.00 FROM MULTI -CRAFT CONTRACTORS, INC. FOR REPAIRS TO A PUMP STATION DAMAGED IN A MOTOR VEHICLE ACCIDENT, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $2,975.00, TO AUTHORIZE THE MAYOR TO SIGN A RELEASE OF PROPERTY DAMAGE RELATED TO THE VEHICLE ACCIDENT, AND TO ACCEPT INSURANCE FUNDS IN THE AMOUNT OF $25,000.00 AS A SETTLEMENT OF ALL CLAIMS City of Fayetteville, Arkansas Page 5 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 C.2 C.3 CA C.5 2020-0948 VAC 2020-004 (800 BLOCK OF N. PARK AVE./PARK AVE. ALLEY): AN ORDINANCE TO APPROVE VAC 20-004 FOR PROPERTY LOCATED IN THE 800 BLOCK OF NORTH PARK AVENUE TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY 2020-0955 RZN 2020-015 (NE OF ZION RD. & RANDAL PL./LA HACIENDA OF NWA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-015 LOCATED NORTHWEST OF ZION ROAD AND RANDAL PLACE FOR APPROXIMATELY 3.27 ACRES FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND R-O, RESIDENTIAL OFFICE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND CS, COMMUNITY SERVICES 2020-0953 GRADING PERMIT APPEAL: A RESOLUTION TO GRANT THE APPEAL OF MANNY TERMINELLA REGARDING A NOTICE OF VIOLATION ISSUED BY THE CITY ENGINEERING DIVISION FOR FAILURE TO OBTAIN A GRADING PERMIT FOR WORK BEING PERFORMED AT 3180 EAST TOWNSHIP STREET 2020-0943 RFQ-19-01 OLSSON , INC. AMENDMENT #2: A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC., PURSUANT TO RFQ #19-01, IN THE AMOUNT OF $154,900.00 FOR THE REMAINING ARCHITECTURAL SERVICES RELATED TO THE REPLACEMENT PARKING DECK FOR THE CULTURAL ARTS CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 CULTURAL ARTS CORRIDOR BOND PROJECT City of Fayetteville, Arkansas Page 6 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 C.6 C.7 C.8 C.9 2020-0944 ECONOMIC DEVELOPMENT ADMINISTRATION GRANT: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF AN 80/20 ECONOMIC DEVELOPMENT ADMINISTRATION GRANT IN THE AMOUNT OF $2,000,000.00 FOR THE CONSTRUCTION OF THE INDUSTRIAL DRIVE EXTENSION, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 ECONOMIC DEVELOPMENT BOND PROJECT 2020-0929 RFQ # 20-01 GARVER, LLC: A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH GARVER, LLC IN THE AMOUNT OF $392,725.00, PURSUANT TO RFQ # 20-01, SELECTION 21, FOR THE DESIGN OF THE ROLLING HILLS DRIVE PROJECT, TO AUTHORIZE THE MAYOR TO ACQUIRE THE EASEMENTS AND RIGHT-OF-WAY NECESSARY FOR THE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT 2020-0933 OLSSON ASSOCIATES, INC. AMENDMENT # 1: A RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH OLSSON, INC. IN THE AMOUNT OF $196,190.00 FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF THE MIDTOWN CORRIDOR PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 TRANSPORTATION BOND PROJECT 2020-0947 2021 ANNUAL BUDGET AND WORK PROGRAM: A RESOLUTION TO ADOPT THE 2021 ANNUAL BUDGET AND WORK PROGRAM D. City Council Agenda Session Presentations City of Fayetteville, Arkansas Page 7 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 8 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 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. When the Mayor or Chair recognizes you, please start your public comment by giving 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 to speak 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 a Council Member 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: Overview Period: Agenda items at a City Council meeting 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 a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. 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 City of Fayetteville, Arkansas Page 9 Printed on 1111712020 City Council Meeting Final Agenda November 17, 2020 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 10 Printed on 1111712020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2019-0990 Agenda Date: 11/17/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE NOVEMBER 5, 2020 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 1111712020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0917 Agenda Date: 11/17/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.2 RFQ 20-03 GARVER LLC: File Type: Resolution A RESOLUTION TO AUTHORIZE A CONTRACT WITH GARVER, LLC, PURSUANT TO RFQ 20-03, TO PROVIDE ON -CALL AVIATION ENGINEERING SERVICES FOR A PERIOD OF ONE YEAR WITH AUTOMATIC RENEWALS FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS, AND TO APPROVE TASK ORDER 1 IN AN AMOUNT NOT TO EXCEED $20,000.00 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 authorizes a contract with Garver, LLC, pursuant to RFQ 20-03, to provide on -call aviation engineering services for a period of one year with automatic renewals for up to four additional one year terms, and approves Task Order 1 in an amount not to exceed $20,000.00. City of Fayetteville, Arkansas Page 1 Printed on 11/17/2020 Summer Fallen Submitted By City of Fayetteville Staff Review Form 2020-0917 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/21/2020 AIRPORT SERVICES (760) Submitted Date Division / Department Action Recommendation: Approval of RFQ 20-03, Aviation Engineering Services and an agreement with Garver LLC., to provide on -call aviation engineering services for a one-year term with four automatic one-year renewals, and approval of Task Order #A-1 for on -call services by the consultant not to exceed $20,000. 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 S V20180321 Previous Ordinance or Resolution # Res. 89-15 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF: NOVEMBER 17, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Summer Fallen, Airport Services Manager DATE: October 21, 2020 CITY COUNCIL MEMO SUBJECT: A Resolution to approve RFQ 20-03 and a professional services agreement with Garver, LLC for a multi -year contract for on -call engineering services RECOMMENDATION: Approval of RFQ 20-03, Aviation Engineering Services and an agreement with Garver LLC., to provide on -call aviation engineering services for a one-year term with four automatic one-year renewals, and approval of Task Order #A-1 for on -call services by the consultant not to exceed $20,000. BACKGROUND: In order to qualify for Department of Transportation, Airport Improvement Program (AIP) grants, The Federal Aviation Administration (FM) requires airports to contract with an airport engineering consultant to provide engineering services to the airport. Specific projects assigned to the engineer are issued as Task Orders to be approved individually contingent upon available funding and budget approval. DISCUSSION: The Purchasing Division advertised a request for statements of qualification for RFQ 20-03. The RFQ was also distributed to over 50 engineering firms, many being in the Northwest Arkansas area. Garver, LLC was the only firm to respond to the RFQ and it was voted by the selection committee for award. BUDGET/STAFF IMPACT: The agreement for professional engineering services is not an expense in and of itself; however, Task Order A-1 commits up to $20,000 from the Airport Fund Balance that may be reimbursable by grants as project formulation costs if they are part of an approved, grant -funded project. Attachments: Agreement for aviation engineering services, including the following appendices: • Appendix A — General Scope of Services • Appendix B — Certification of Engineer • Appendix C — Mandatory Federal Contract Provisions • Appendix D — Garver's response to RFQ 20-03 • Appendix A-1 — Task Order 01 for Airport On -Call Services Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CITY OF W;9 FAYETTEVILLE weKatiSaS AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER, LLC THIS AGREEMENT is made as of , 2020, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE OR CITY) and GARVER, LLC (hereinafter called GARVER OR ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services related to aviation in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and GARVER in consideration of their mutual covenants agree as follows: GARVER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of GARVER'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. The following documents are hereby incorporated into this agreement for professional engineering services: • Appendix A — General Scope of Services o Additional Appendix Documents shall be added by task order and referenced as "Appendix A-## - Description" (showing the task order number and project description) hereby binding each task order as it is executed by the City of Fayetteville. • Appendix B — Certification of Engineer • Appendix C — Mandatory Federal Contract Provisions City of Fayetteville, AR Contract for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 1 of 12 • Appendix D — Garver's response to the City's request for statements of qualification and all addenda in reference to RFQ 20-03, Aviation Engineering Services 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 GARVER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of GARVER. 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 GARVER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 GARVER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. GARVER and CITY OF FAYETTEVILLE agree that GARVER 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 GARVER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist GARVER by placing at GARVER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist GARVER in obtaining access to property reasonably necessary for GARVER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by GARVER and render in writing decisions pertaining thereto. 3.1.5 The Airport Services Manager is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Airport Services Manager 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. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 2 of 12 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to GARVER 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. This on -call services contract shall be effective for one year, beginning with the day approved by the Fayetteville City Council and executed by the Mayor and automatically renew for four (4) additional one-year periods, unless cancelled, for a total possible contract term of five (5) years. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. GARVER 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 City shall compensate GARVER based on a lump sum not -to -exceed basis as described in Appendix A for each separate Task Order to be issued for each project. 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 GARVER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by GARVER 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. Statements and invoices shall include the task order number, Purchase Order Number, and project description. Garver agrees to not perform any work without issuance of a signed Purchase Order issued by the City of Fayetteville Purchasing Division. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) calendar days of accepted invoice. If a portion of GARVER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise GARVER 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 calendar days is not guaranteed. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 3 of 12 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 GARVER 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 GARVER 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 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 GARVER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten (10) calendar 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 GARVER'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, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 4 of 12 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: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and 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, City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 5 of 12 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 REMOVED 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. 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 City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 6 of 12 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 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. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 7 of 12 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 GARVER's address: 2049 E. Joyce Blvd., Suite 400 Fayetteville, AR 72703 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. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 8 of 12 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 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 City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 9 of 12 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. Notwithstanding anything to the contrary herein, ENGINEER's proprietary, financial information is not subject to audit. 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 asserts 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 assertion, 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. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 10 of 12 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 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. 7.7 Mutual Waiver 7.7.1 Notwithstanding anything in this Agreement to the contrary, neither party (including its subconsultants, agents, assignees, affiliates and vendors) shall be liable to the other for any special, consequential, indirect, punitive, exemplary or incidental damages of any kind regardless of the cause or action (including negligence of any kind or character including gross negligence). City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 11 of 12 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: Kara Paxton, City Clerk ENGINEER By: Michael J. Griffin PRINTED NAME B ` SIGNATURE Senior Vice President END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services Vendor: Garver, LLC -- Page 12 of 12 APPENDIX A GENERAL SCOPE OF SERVICES DESCRIPTION OF THE PROJECTS 1. Services, when requested by the CITY OF FAYETTEVILLE, will be described in specific Task Orders to this AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES. Additional services may be included as determined by the CITY OF FAYETTEVILLE by executing Amendments to this BASIC AGREEMENT or by specific Task Orders. 2. The services provided by GARVER are anticipated to include but not necessarily be limited to studies, investigations, reports, funding applications, design services, preparation of construction drawings and specifications, bidding services, and engineering services during construction related to: 2.1 T-Hangar Unit Expansion(s). 2.2 Corporate Hangars. 2.3 East Side Corporate Aprons. 2.4 Runway, Taxiway, and/or Apron Construction Projects 2.5 Individual Corporate Hangars and Parking Aprons. 2.6 GA Parking Aprons 2.7 Airport Security Improvement Projects. 2.8 Runway 16 RSA Project Continuation. 2.9 Extension of Lancaster Drive. 2.10 Airport Layout Plan Sheet Updates. 2.11 ACM Updates and Part 139 Assistance 2.12 Maintenance and Rehabilitation of Pavements. 2.13 Airfield Marking. 2.14 Airfield Lighting. 2.15 Assistance in Grant Writing. 2.16 Interaction as requested with State Aeronautical Commission Authorities and the FAA. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix A Page 1 of 1 A-1 APPENDIX B CERTIFICATION OF ENGINEER I hereby certify that I am Michael J Griffin_ am a duly authorized representative of the firm of GARVER, LLC, whose address is 2049 E Joyce Blvd, Suite 400, Fayetteville, AR 72704, and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me of the above consultant) to solicit or secure this contract; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract; or (c) Paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any). I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this contract involving participation of Airport Improvement Program (AIP) funds and is subject to applicable State and Federal laws, both criminal and civil. GARVER, LLC i DATE: 10/14/2020 City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix B Page 1 of 1 APPENDIX C MANDATORY FEDERAL CONTRACT PROVISIONS 1. ACCESS TO RECORDS AND REPORTS The Engineer must maintain an acceptable cost accounting system. The Engineer agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 2. BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Engineer or its subconsultants may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Owner will provide Engineer written notice that describes the nature of the breach and corrective actions the Engineer must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Engineer until such time the Engineer corrects the breach or the Owner elects to terminate the contract. The Owner's notice will identify a specific date by which the Engineer must correct the breach. Owner may proceed with termination of the contract if the Engineer fails to correct the breach by deadline indicated in the Owner's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 3. CIVIL RIGHTS - GENERAL The Engineer agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Engineer and subconsultants from the solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 4. CIVIL RIGHTS — TITLE VI ASSURANCE During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest (hereinafter referred to as the "Engineer") agrees as follows: I. Compliance with Regulations: The Engineer (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. II. Non-discrimination: The Engineer, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of C-1 subconsultants, including procurements of materials and leases of equipment. The Engineer will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. III. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by the Engineer of the Engineer's obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. IV. Information and Reports: The Engineer will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a Engineer is in the exclusive possession of another who fails or refuses to furnish the information, the Engineer will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. V. Sanctions for Noncompliance: In the event of a Engineer's noncompliance with the Non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Engineer under the contract until the Engineer complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. VI. Incorporation of Provisions: The Engineer will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Engineer will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Engineer becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, the Engineer may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Engineer may request the United States to enter into the litigation to protect the interests of the United States. 5. CLEAN AIR AND WATER POLLUTION CONTROL Engineer agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Engineer agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 2 of 14 C-2 G � ::� 7u1�1►111I: ►��Ii7.Yilyi�l►fy[�7� By submitting a bid/proposal under this solicitation, the Engineer certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. 7. DISADVANTAGED BUSINESS ENTERPRISE The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Owner. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Owner. This clause applies to both DBE and non -DBE subcontractors. 8. DISTRACTED DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving" (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub -grant. In support of this initiative, the Owner encourages the Engineer to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Engineer must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. 9. ENERGY CONSERVATION REQUIREMENTS Engineer and subconsultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 620let seq). 10. EQUAL EMPLOYEMENT OPPORTUNITY (E.E.O.) City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 3 of 14 C-3 I. During the performance of this contract, the Engineer agrees as follows: (1) The Engineer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Engineer will, in all solicitations or advertisements for employees placed by or on behalf of the Engineer, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Engineer will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Engineer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Engineer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Engineer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Engineer's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Engineer may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Engineer will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Engineer will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event an Engineer becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency the Engineer may request the United States City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 4 of 14 C-4 to enter into such litigation to protect the interests of the United States. II. Standard Federal Equal Employment Opportunity Contract Specifications (1) As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: i. Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and iv. American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Whenever the Engineer, or any subconsultant at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (3) If the Engineer is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Engineers shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Engineer or subconsultant participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Engineers or subconsultants toward a goal in an approved Plan does not excuse any covered Engineer's or subconsultant's failure to take good faith efforts to achieve the Plan goals and timetables. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 5 of 14 C-5 (4) The Engineer shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Engineer should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Engineers performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Engineer is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (5) Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Engineer has a collective bargaining agreement to refer either minorities or women shall excuse the Engineer's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. (6) In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Engineer during the training period and the Engineer shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The Engineer shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Engineer's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Engineer shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Engineer's employees are assigned to work. The Engineer, where possible, will assign two or more women to each construction project. The Engineer shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Engineer's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Engineer or its unions have employment opportunities available, and maintain a record of the organizations' responses. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Engineer by the union or, if referred, not employed by the Engineer, this shall be documented in the file with the reason therefore along with whatever additional actions the Engineer may have taken. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 6 of 14 C-6 d. Provide immediate written notification to the Director when the union or unions with which the Engineer has a collective bargaining agreement has not referred to the Engineer a minority person or female sent by the Engineer, or when the Engineer has other information that the union referral process has impeded the Engineer's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Engineer's employment needs, especially those programs funded or approved by the Department of Labor. The Engineer shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Engineer's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Engineer in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Engineer's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Engineer's EEO policy with other Engineers and subconsultants with whom the Engineer does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Engineer's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Engineer shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Engineer's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 7 of 14 C-7 under 41 CFR Part 60-3 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Engineer's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction Engineers and suppliers, including circulation of solicitations to minority and female Engineer associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Engineer's EEO policies and affirmative action obligations. (8) Engineers are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a Engineer association, joint Engineer union, Engineer community, or other similar groups of which the Engineer is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Engineer actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Engineer's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Engineer. The obligation to comply, however, is the Engineer's and failure of such a group to fulfill an obligation shall not be a defense for the Engineer's noncompliance. (9) A single goal for minorities and a separate single goal for women have been established. The Engineer, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Engineer has achieved its goals for women generally,) the Engineer may be in violation of the Executive Order if a specific minority group of women is underutilized. (10) The Engineer shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (11) The Engineer shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 8 of 14 C-8 (12) The Engineer shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Engineer who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (13) The Engineer, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Engineer fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (14) The Engineer shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Engineers shall not be required to maintain separate records. (15) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 11. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Engineer has full responsibility to monitor compliance to the referenced statute or regulation. The Engineer must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division 12. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Engineer certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Engineer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 9 of 14 C-9 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. II. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. III. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 13. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Engineer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Engineer retains full responsibility to monitor its compliance and their subconsultant's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Engineer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. 14. SEISMIC SAFETY In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard which provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a "certification of compliance" that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code. 15. TERMINATION OF CONTRACT I. Termination for Convenience. The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Engineer must City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 10 of 14 C-10 immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Il. Termination for Default. Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [71 days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non -performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 11 of 14 C-11 If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than 180 days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner's breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 16. TRADE RESTRICTION CERTIFICATION By submission of an offer, the Engineer certifies that with respect to this solicitation and any resultant contract, the Engineer — (1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R.); (2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and (3) has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 12 of 14 C-12 The Engineer must provide immediate written notice to the Owner if the Engineer learns that its certification or that of a subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstances. The Engineer must require subconsultants provide immediate written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Engineer or subconsultant: (1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. or (2) whose subconsultants are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R. list or (3) who incorporates in the public works project any product of a foreign country on such U.S.T.R. list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Engineer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The Engineer may rely on the certification of a prospective subconsultant that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by U.S.T.R, unless the Engineer has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Engineer or subconsultant knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 17. VETERAN'S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Engineer and all sub -tier Engineers must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 18. TAX DELINQUENCY AND FELONY CONVICTIONS The Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts. 1) The Engineer represents that it is not a corporation that has any unpaid Federal tax liability that has City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 13 of 14 C-13 been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The Engineer represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559. Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. City of Fayetteville, AR Professional Services Agreement for RFQ 20-03, Aviation Engineering Services — Appendix C Page 14 of 14 C-14 CITY OF FAYETTEVILLE RFQ 20-03 1 Aviation Engineering Services STATEMENT OF QUALIFICATIONS February 25, 2020 GARNER 2049 East Joyce Boulevard, Suite 400, Fayetteville, AR 72703 1 479.527 9100 Les McGaugh, Purchasing Agent Purchasing Division City of Fayetteville Purchasing - Room 306 113 W. Mountain Fayetteville, AR 72701 RE: RFQ 20-03, Aviation Engineering Services Dear Les, Throughout the course of the last five years, our team has made it a priority to provide Fayetteville -Drake Field Airport and the City of Fayetteville with exceptional customer service on all your projects. Garver has valued our partnership with the City of Fayetteville and has successfully delivered 11 projects during our tenure as your design consultant. To deliver the maximum benefit to the Airport, Garver (as prime) has partnered with McClelland Consulting Engineers, Inc. (McClelland), a firm with unmatched historical knowledge of the Airport. No other team understands the existing pavements, electrical systems, geotechnical conditions, tenants, and airport operations better than the Garver Team. As you review our statement of qualifications, please note the following traits that differentiate Garver from our competitors: Local Presence. Garver's Fayetteville office is located within 15 minutes of your airport. This proximity provides the Airport with the responsive service you deserve. ❑urstaff of 72 aviation-specia'liredpr fe�sio r �� 'n Northwest Arkan s ' c e our com etit'on. Technical Expertise. We have completed 110 airport projects in Northwest Arkansas in the last 20 years. Go !r successfully completed the last three major runway rehabilitation projects- in Northwest Arkansas, each winning National Asphalt Paving Association awards. Garver's experience in planning, designing, and constructing large runway rehabilitation projects will prove valuable as we embark on the Airport's upcoming runway rehabilitation program. Trusted Resources. Garver is proud to have served the City of Fayetteville as your aviation consultant for the past five years. During our term, we have assisted the City in accomplishing 11 projects to improve your airport infrastructure, in addition to multiple on -call tasks and support studies. With the Garver Team, you get a consultant that will support the Airport and the City no matter what obstacle we face. We are confident in our ability to continue our successful partnership with the Airport, a partnership that has completed a wide range of projects totaling over $3.9 million over the lost�ve years. Please contact me at 479-287-4635 or by email at ATWhite@GarverUSA.com to request additional information as you consider your selection. Thank you for your consideration. Sincerely, GARVER A&?VJEkUb Adam White, PE Senior Project Manager Specialized Experience and Technical Competence (30 pts.) Garver is a multi -disciplined engineering, architectural, planning, and environmental services firm committed to quality practices, progressive methods, and honorable relationships. Our clients' trust is the cornerstone of our business, and we adopt their visions to deliver projects founded on creative solutions, cost-effective services, and customer care. Garver has provided quality services in Arkansas for 101 years, including the last five years at FYV. During that time, we have used our knowledge of FAA and ADA funding mechanisms to assist the Airport in a a' over 3 Jjgillbn in grcrnt funds as shown on the right. FYV Funding Comparison 2010 - 2015 2016 - Current rW CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services >s] EXECUTIVE 5C1MMARY I Capacity and Capability (30 pts.) Garver has the technical capabilities to complete your projects successfully, but more importantly, we have the capacity to maintain your projects as a priority to avoid project delays and deliver quality work within the time limitations. Based on present workload, growth projections, and depth or technical resources, Garver has the staff capacity to accomplish work for Fayetteville in the required time frame and under an accelerated time frame as well as multiple, simultaneous task orders. The graphic below details the availability of the team member's assigned to this project and their ability to handle your project needs. AVAILABLE CAPACITY O Available • Committed Past Record of Performance (20 pts.) As a client -oriented firm, Garver focuses its time and energy on delivering creative solutions, cost-effective services, and customer care. CONTROL OF COST Garver consistently meets deadlines within the amount contracted for design phase services and works diligently with contractors and clients to minimize cost increases. Garver will also work aggressively to meet funding opportunities. Garver understands the necessity for expedited schedules to meet design deadlines for Funding opportunities, In the past five years, Garver has completed over $3.5 million in improvements at FYV with the final project costs averaging 5% below the project budget. RUNWAY REHABILITATION EXPERIENCE Garver has completed six major runway rehabilitation projects in Northwest Arkansas and Northeast Oklahoma over the last four years. As part of those programs, we have tested multiple pavement rehabilitation methods and refined our decision matrix for determining the best possible rehabilitation method for any type of pavement condition. At Garver, you don't get a single rehabilitation solution that is applied regardless of its effectiveness in solving your pavement's distresses. At Garver, we look at every project as a unique challenge in need of a creative solution. ABILITY TO MEET SCHEDULES AND DEADLINES Garver's organizational structure is designed to provide quality services based on sound engineering principles that are valued by our clients. We approach each project with a plan for successful delivery developed through extensive experience and based on proven principles. We have an outstanding track record of meeting design deadlines on aviation projects. rO CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services Ll I Proximity and Familiarity (20 pts.) Springdale . �tt ronlilown 'i�D Blue Sp ilpc , Village � i� Sonora Harmon gas _ m Sh. Johnson Wheeler Habberton 11 Gi G Fay 765 Wyman f O,a Baldwin Farmington y Harris is ne Elkins Greenland Black Oak e ?, Hicks i Appendix A: Key Personnel A benefit of selecting the Garver Team for your upcoming improvements is the proximity of our team to your airport. As illustrated on the left, Garver is located in Fayetteville and is conveniently located to provide services at Fayetteville -Drake Field Airport. Our team of professionals is accessible and available to respond quickly to your requests and to represent your interests. In addition to our proximity, the Garver Team has completed over 120 projects at FYV over the last 50 years, including projects that involve every aspect of the airfield. This experience provides the Garver Team with a familiarity with FYV that is unmatched by our competition. The Garver Team will use this familiarity to provide �-i ent and quality designs Or upcoming projects at FYV, The Garver Team includes experienced professionals needed to accomplish project goals, plus the support personnel available to help projects run smoothly. Garver is fully capable of leading and performing projects ranging in size from those that require a single specialist to those requiring large, complex professional teams. Garver's staff includes over 700 6 pllayees and 89 oviotion-dedicated- team members =Rany-aide. The Garver Team also includes Fayetteville -based McClelland Consulting Engineers. McClelland will provide geotechnical engineering, records research, and materials testing services for upcoming projects at FYV. McClelland has completed 111 projects at Fayetteville -Drake Field Airport. fir"CiF Their 38 years of knowrt will save time and Port for Your airport staff_ In short, our team's large staff, regional coverage, and depth of expertise and experience in a broad range of disciplines give us ample capacity to satisfy any requirements. The organizational chart in Appendix A lists the Garver Team's key personnel who will assist the Airport staff with their upcoming improvements. Immediately following the organizational chart, we provide resumes detailing the experience and qualifications of the Garver Team's key personnel. rA CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services I Consultants you trust. The Garver Team provides the City of Fayetteville with a unique blend of historical knowledge of the Fayetteville -Drake Field Airport (FYV) facilities and infrastructure and national expertise specializing in airport engineering. Our depth of knowledge and prior experience at FYV will be utilized to provide cost-effective and responsive service for the Airport. Professional Background and Experience in Airport Engineering Founded in 1919, Garver is an employee -owned multi -disciplined engineering, planning, architectural, and environmental services firm with over 700 employees spread between more than 30 offices in 13 states. Offering a wide range of services focused on aviation, construction, facilities design, federal, power, transportation, survey, and water, Garver sits in the top 150 of the Engineering News-Record's prestigious Top 500 Design Firms list and is one of the top 20 aviation firms in the United States by Engineering News Record. Airports are our Business. Garver has more than 60 years of airport design, planning, and construction administration experience with $300 million in constructed airfield projects designed over the past 10 years. Our aviation team has grown to over 85 personnel with staff members located in 19 Garver offices, including our Fayetteville office. ° °G 6 C° ° ° E. �W CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 1 Garver's Northwest Arkansas Aviation Team includes three engineers and designers who are also licensed pilots. This offers our clients a tremendous advantage, because our team can incorporate a pilot's perspective into our engineering designs, construction plans, and aviation planning documents. We understand how aircraft use airports, and that pays dividends in numerous ways. BENEFIT OF PILOT'S PERSPECTIVE • Start -to -finish knowledge of pilot and aircraft requirements during project planning and design • Minimized revenue loss due to runway or taxiway shutdowns • Accommodation of airport clients' needs and concerns during design and construction • Smooth operation of your airport during construction • Maximized safety of the completed project We not only plan, design, and oversee the construction of airport facilities —we also personally use them, and we bring this airside familiarity to every design decision we make. Garver's pilots have spent nearly 14,000 hours in the cockpit and understand how airports should operate. This is insight our land -bound competitors simply cannot match. Meet the Rest of the Team NEE, MtCLELLAN[7 ivl�.-,-:lelland Consulting ONSULTING Engineers, Inc. oommzm ENGINEERS, INC. (McClelland) is a multi -disciplined engineering firm specializing in civil engineering, environmental engineering, geotechnical engineering, environmental laboratory analysis, construction management, and surveying. Since their inception in 1963, McClelland has worked with numerous airports in the planning, layout, and design of runways, taxiways, aprons, hangars, facilities, and more. They have established long-term relationships within the aviation industry, serving as the airport engineer for more than 20 airports in and around Arkansas, including Fayetteville -Drake Field Airport. McClelland has completed 111 projects at Favetteville-Drake Field Airport. Their 38 years of knowledge related to your airport will save time and effort for your airport staff. The Garver Team's historical knowledge ❑ of the areas impacted D by your upcoming improvement projects will provide cost-effective and responsive service. CITY OF FAYETTEVILLE, AR RFQ 20-03: Aviation Engineering Services 2 �I M3 I • ICONIC Consulting Group, Inc. ICONIC (ICONIC) is a minority -owned CONSULTING civil engineering firm founded GROUP, INC. g g in 2008. ICONIC provides professional civil engineering services, including site design, urban and rural roadway design, and drainage design for government and private entities. ICONIC professionals are experienced designers and project managers with over 30 years of combined experience in the planning, design, and construction of transportation infrastructure. ICONIC has worked on a variety of aviation projects at airports including Northwest Arkansas National Airport, Bill and Hillary Clinton National Airport, Dallas/Fort Worth International Airport and Dallas Love Field Airport. Ability to Furnish Qualified Inspectors for Construction Inspection The construction phase is where all planning and design comes to fruition. From sequencing projects and minimizing airport disruption to solving the inevitable construction challenges, our field staff is committed to establishing good working relationships with contractors from the start to promote the highest quality construction and minimize problems that can cause budget and schedule overruns. Construction Management Staff With Garver's construction management team, our clients retain the same engineers who draw up the plans as well as construction observers with over 300 airport projects under their belt in the last 15 years, including our planned construction observer for Fayetteville -Drake Field Airport, Johney Boles. rI CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 3 6U Disadvantaged Business Enterprise Program and Affirmative Action Program GARVERU�M Garver consistently teams with subconsultants, including certified Disadvantaged Business Enterprises (DBEs), to successfully execute projects of all sizes for our clients. Our commitment to DBE participation goes beyond the casual recruitment of minority firms to our team. The Garver Partners Program is a year -long mentorship that focuses on four topics: operations, marketing and sales, business management, and human resources. This program prepares participating firms to meet and address industry challenges, set standards of excellence, control overhead, market new business prospects, and grow their business. The program is structured around distinct modules that provide opportunities for small and minority -owned businesses to engage in workshops, training, and social networking opportunities that prepare them for working on planning, design, and construction projects. Garver is an Affirmative Action/Equal Employment Opportunity employer and provides Equal Employment Opportunities for all persons regardless of race, religion, gender, age, handicap, or national origin. Garver maintains an Affirmative Action Plan that is periodically updated. Julie Gentry, PHR, SHRM-CP, is Garver's Employee Relations Manager and the designated Affirmative Action Officer. It is her responsibility to maintain our Affirmative Action Plan. This plan is available for inspection upon request. ICONIC Consulting Group, a M/DBE firm proposed for cost estimating on this contract, graduated from our Garver Partners Program. Garver and ICONIC have developed a strong bond while working together on 20 airport projects. GARVER AVIATION has contracted over $1 107 MILLION over the past %, 1EARS. rWS CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 4 Garver has the technical capabilities to complete your project successfully, but more importantly, we have the capacity to maintain your projects as a priority to avoid project delays and deliver quality work within the time limitations. Our large team of 12 northwest Arkansas aviation professionals and our depth of expertise and experience in a broad range of engineering disciplines gives us ample capacity to satisfy your requirements. The Garver Team includes the experienced professionals needed to meet each phase of your project, plus the support personnel available to help your projects run smoothly from concept to completion. Garver is fully capable of leading and performing projects ranging in size from those that require a single specialist to those requiring large and complex professional teams. Our systematic management approach to professional services offers our clients on -time delivery, including services performed on an aggressive schedule, without any compromise in quality. AVAILABLE CAPACITY Based on present workload, growth projections, and depth of technical resources, Garver has the capacity to accomplish work for L i the City of Fayetteville. CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 5 WU I Knowledge of FAA Regulations, Policies, and Procedures Garver's experience with the FAA dates back nearly 60 years, when it still operated as the Civil Aeronautics Administration. Not only do we understand FAA Advisory Circulars (AC), but Garver's staff has also taught seminars on ACs at the FAA Partnership Conference, and our aviation electrical team has worked directly with the FAA on airfield lighting AC drafts. This familiarity with FAA requirements helps our designs, construction phasing, and safety plans meet all applicable standards and keeps our projects on track. We make it a top priority to seek out the latest information from the FAA, other airports, airport users, airport vendors and suppliers and communicate it to our clients. Funding Support Garver can provide the consulting services that will help locate funding sources to achieve your airport improvement goals. We excel in acquiring funding for our clients by formulating strategic bidding arrangements, staying up to date with grant rules and regulations, and acting quickly to meet your needs. Garver has prepared airport project plans and successfully presented them to funding agencies. We routinely sequence and budget projects to fit available funding, such as multi -year phasing and bid schedules set for consecutive construction seasons. We personally attend meetings to present project plans to funding agencies, support our clients, and respond immediately to any questions that may arise. 2010 - 2015 2016 - Current Fayetteville -Drake Field Airport saw q an increase of $2.35 million in o funded projects during Garver's first tenure as Engineer of Record compared to the previous term. rW CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services Quality Control Checklists Adherence - Our quality control checklists are specifically designed for FAA projects and incorporate the required steps of state aviation departments and the sponsor. We use our knowledge of the aviation industry to leverage FAA relationships to keep projects moving, find state or federal grant funds for capital improvements, and help airports like FYV make their improvements happen. Additionally, our internal quality control reviews are performed by Garver engineers who are also instrument -rated pilots. This approach helps our designs, construction phasing plans, and safety plans meet AC requirements while remaining practical and effective. Training Garver holds regularly scheduled in-house training seminars for our staff. These presentations include information from outside speakers, information collected from other seminars, and our experience with FAA policies and procedures. This continuous education is part of the reason that our company was honored with the National Society of Professional Engineers' award for professional development. We also send our designers to airport conferences and seminars to ensure their aviation knowledge includes the latest information available from the FAA, other airports, airport users, airport vendors, and suppliers. Garver's record of successful airport projects funded by the FAA and/or Arkansas Department of Aeronautics demonstrates our diligence in staying updated on FAA, state, and local directives. Procedures and Project Audits conducted by the FAA indicate that we continue to be in full compliance with FAA policies and procedures. We recognize the critical nature of maintaining an in- depth knowledge of FAA Advisory Circulars/Orders and state regulations. We regularly dialogue with the FAA Airport District office and the Arkansas Department of Aeronautics to stay current on pending changes. The success of our airport projects has been dependent on the timely submission of all required documentation and certifications as well as the development of the projects in accordance with current criteria. A cornerstone of Garver's service to Arkansas airports is to assist navigating the often - overwhelming paperwork requirements associated with airport projects. CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services S1 I Approach to Design and Construction Management of Airport Projects FYV Runway Rehabilitation Program The last major rehabilitation to Runway 16-34 at Fayetteville -Drake Field Airport occurred in the 1990s. In 2016, the Arkansas Department of Aeronautics funded a study of the pavement condition at the Airport and found that the average pavement condition of the runway was 79. Using a standard 2 PCI drop in condition annually, the PCI at FYV is currently expected to be around 70, or right at the "Critical PCI" for airport runways. The critical PCI is the point in a pavement's life where the cost of rehabilitation significantly increases each following year. Standard PCI rating sal* 10o FYV Runway PCI es $1 for 70 Rehabllltation �r Hore 55 311fficant Drop 40 In Condition WIII Coal $4 to $5 25 More Small %a! t0 Pavomanl Llfa 0 Time In 2017, Garver began working with the Airport to update its Capital Improvement Program (CIP) to include funding for a runway pavement lighting and rehabilitation project. Due to the project's estimated $5 million budget, the project would require discretionary funding in excess of the Airport's $150,000 in annual entitlement funds. The Airport and Garver continued to work on a funding strategy with the FAA, and in 2019, the FAA programmed the rehabilitation construction for 2022. Funding for large rehabilitation projects at general aviation airports is limited. It is critical that the proposed rehabilitation provide a pavement condition that will serve the Airport for decades to come. This section will detail the Garver Team's strategy for studying, designing, and managing the construction of the proposed Runway Pavement and Lighting Rehabilitation project at FYV. I�W CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 8 AM WPavement Study 4Design Construction The first step in a major rehabilitation program is to identify the problem. To assist in this step of the project process, Garver has teamed with McClelland Consulting Engineers to provide geotechnical analysis and pavement section research for Runway 18-36. As a part of the pavement condition study, McClelland will develop a geotechnical investigation plan NriF to core the runway pavement surface and perform subsurface borings to determine underlying causes of pavement distresses. Geotechnical work will be completed during night closure in order to minimize the impact to Airport operations. Garver will be on -site with McClelland during all geotechnical operations. As part of the on -site analysis, pavement coring will be performed over existing cracks in the runway surface. Garver will review coring in real time to determine the extent of pavement cracking and whether surface cracks penetrate multiple layers of the asphalt pavement. The photo below shows a surface crack from a similar analysis at Rogers Executive Airport in 2015, and its penetration through multiple layers of asphalt pavement. This crack analysis will be critical to determining the appropriate rehabilitation method. rW CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 9 Additional geotechnical investigation below the pavement section will allow the Garver Team to determine if adequate base and subgrade support is provided under the existing pavement. Soils testing will also allow the Garver Team to find areas where groundwater could be negatively impacting the pavement. All on -site data will be supplemented with record drawings and test results from previous projects on the runway. As noted throughout this statement of qualifications, the Garver Team's vast experience at FYV will assist in ensuring that the runway pavement is thoroughly evaluated prior to designing the appropriate solution. AM W Pavement Study do Design The first step of the project design will be to determine the appropriate rehabilitation method based on the pavement study completed by McClelland In addition to the distress data, a fleet mix will be developed to forecast the aircraft traffic expected to use FYV over the pavement's 20-year life. This fleet data will assist in determining if pavement strengthening will be required as part of the rehabilitation project. Garver has completed six major runway rehabilitation projects in Northwest Arkansas and Northeast Oklahoma in the last four years. As part of those programs, we have tested multiple pavement rehabilitation methods and refined our decision matrix for determining the best possible rehabilitation method for any type of pavement condition. At Garver, you don't get a single rehabilitation solution that is applied regardless of its effectiveness is solving your pavement's distresses. At Garver, we look at every project as a unique challenge in need of a creative solution. Garver's vast recent experience will bring you the perfect solution that has COMPLETED BY GARVER 6 major runway rehabilitation projects in Northwest Arkansas and Northeast Oklahoma in the last 4 years been tested and can be completed by contractors in our area. The decision matrix on the next page provides an example of how the Garver Team will attack your projects and provide project proof of how we have applied a wide range of solutions at other airports in the area. �� CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 10 F 0 0 a O il 0 a a Q Q a p[ J N a a w + z O O I� I w Z O Z O U Z O W Z O w W 0 J� J 7 J 2 W • W W J J z 1 I J J_ 2 I J V W M M O _ 00 Lu to Q 00 � ry °r° o z 00 d u N a: } O N 2 Z0 O N } LL '••.i N Q tA W O d J W O OC S / d F W {n d u LU W O u } Q } W Ln O ca di 0 N -W, O F Z < O d f•r o d f+ mo sLU J J J J � Ln D U W n• 2 U w n. 2 Q Q a 13c: a U Of W O w U W W O w Z 0 Z W W a a l7 Z — Z W Z LLJO Z Q V F K l7 5 2 <} kD� Z L. � o Jw uj cr Op 0 Z 0 Q Q pn• Z l7 ~Z Z cxc ZZ W W G W W Zw� 2Z 20 F F- win 2 X O j 0 W m w Q a> O > Ln Q ° E a Z Q LL w w a-U a 0 N W Z Q 0 d W H� W O� N O �� 00 LL Q in 0 cc:Q J > Z > U LL z W W LU N m Q �0 0Pavement Study> > 1W S Design M Construction No runway rehabilitation project can be completed without some impact to airport operations. However, when the construction phase is managed correctly, both downtime and tenant headache can be limited. a • k_1 a 0 Our runway will be closed for construction on the evening of June 23 through July 3 while we make needed improvements. The protect vall Include Pavement Drainage R',"'i'rlit.rtla 1 Inl pir cnis • Keel Repair • Underdrain • Crack Repair Installation • Asphalt MITI • Rune:ay Groo,Ing and Overlay lightmy Im provcnn: nt•. • Replacement of runway lighting infrastructure G ERS • LED PAR Upgrade 11X9CU1tiv1t AIRPORT 'the Iumsy do:ure vrdl sort between 7:00Ph1:r.d 10 00MI loot lime on June Z3, the precise lime for the de;um on June 23 will be punted hteI Dales mrybe subject to (hinge ditto indt,trc !h,, Il you would lka!o receive updo4:. pleo:e ronunlhe Airpoil Mo.ge. at 14711631. 1400 c,go, We xpolcgite%I the tempomy inconue..Or.ce, xd ne ippreeute ycui ccni, u diuppoll. The Garver Team understands that early, consistent, and effective communication can limit problems in construction. As shown to the left, we routinely assist airports in alerting tenant and transient pilots to upcoming closures via project boards in the terminal, email notifications, postcard mailers, and website graphics. We recommend working with the selected contractor months in advance to plan the necessary closures so that adequate time can be given to all tenants to make necessary plans for their aircraft during the closure. As important as it is to communicate effectively with tenants, it is equally important to provide consistent and open communication with the selected contractor well before the planned closure to verify that all aspects of the construction project are vetted. This includes detailed construction scheduling, advanced submittal approvals and equipment procurement, and on -site routing plans. SHIFT I Y A'I `SI+MiI I bihit#rZi %0M T'''� FCuRtnt OPeRa'r=oN r"- •'- And 'z As?HAL-T PAV-X0G _ Crews w - HuicL ens — 2 �andenn Pay;n9 �c� in 5 5+h 3 sti;fps �th� ha�I d cteSS IM �l1d P a. wesf SHIFT z SHIFT 3 IOV RWMAV tIVP j/� �� �•�'� ILS9� T PPOr'eSEn TF" _ aER_iA+le, PAN.'Y IN.E. 1puarya([ hmFY`lilapw/Yt 1h11R feIOPOSOnANH]LME • fr,E!e,Il'r,INl YF!' _1 fGE „.V.rE mli?�EEI_ RUNWAY REHABILITATION TYPICAL SECTION 3 _3OVERLAY 1rwi: wvt IUM CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 12 i Runway Lighting Rehabilitation Airport lighting maintenance can become tedious and time consuming for airport staff. LED technology has become the standard for airfield lighting projects over the last several years and for good reason. The cost difference between LED and incandescent fixtures continues to drop, which results in a quicker return on investment for airports like FYV. In 2016, Garver assisted FYV in converting over two hundred taxiway lights to LED. Additional cost and manpower savings are expected by replacing the existing runway lights with similar new, more reliable LED fixtures, cable, and transformers. Garver will also assist FYV in installing new pilot -controlled lighting equipment. This equipment will allow the Air Traffic Control Tower (ATCT) to set the airfield's lighting circuits to "pilot -controlled" when the ATCT closes each night. Currently, the lights at FYV remain on while the ATCT is closed from 10:OOPM to 6:OOAM. Once the pilot -controlled equipment is installed, the lights will turn off at 10:OOPM and remain off unless a pilot is in the vicinity of the Airport and engages the lights with his/her radio. 1 0 r ► ricandescent LED Light Bul bs Light Fixture 1,000 Hours 56,000 Hours 8 Months 38 Years fd Hnivr;,Dayi (d Hnnrc-Day) 56 BulbsIncandescent 0 LED Bulbs Fixture I This system will drastically reduce the Airport's ° monthly energy cost to light the airfield. �W CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 13 Cost Control Garver is committed to completing your projects within budget. As seasoned engineers, we realize our service to you is more than just a set of plans; we are your partner in meeting the needs of your airport users. Aggressive effort toward a thorough design and smooth construction means efficient design and quick construction, which gives the users of your airport reason to support future airport improvements. Garver consistently completes work within the amount contracted for design phase services and works diligently with subcontractors and clients to minimize cost increases. Change orders can be an owner's Our experience with Garver has been a very positive one. Their ability and willingness to work with contractors and others have produced many creative and cost-effective solutions to many difficult challenges. I cannot imagine working with a more professional and effective group of people. Christi Maggi City of Clinton, MO nightmare. We work to complete all contractual obligations within the original budget to avoid The table on the next page represents Garver's contract amendments, which can impact funding. performance at FYV with regard to designing projects within the established project budget as well as using alternative design concepts to reduce project costs. �� CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 14 V History of Cost Control at Fayetteville -Drake Field Airport Terminal Apron Rehabilitation Airfield Pavement Marking Rehabilitation Airfield Roof Rehabilitation Taxiway Lighting Rehabilitation Airfield Roof Rehabilitation -Insurance Taxiway B Widening i Energy Assessment Terminal Parking Lot Rehabilitation SWPPP Development Pavement Marking Rehabilitation *Savings from project retained by Airport ADA $523,000 i ADA $199,867 ADA $75,170 FAA / ADA I $275,255 Insurance Claim $458,000 FAA / ADA $1,846,792 FAA / ADA $28,600 ADA $135,900 None $5,000 ADA $143,300 TOTALS $3,690,884 Quality of Work Garver designs solutions that consider social, economic, and sustainable impacts to improve the quality of life in our community. We do not shy away from complexity or uniqueness, and we work with integrity throughout the entire project. Every facet of our organization is intentionally designed to produce a quality project. This starts with our Quality Control Policy, which guides the development of our formal Quality Control Plan (QCP) for each project. The QCP includes internal procedures, scheduled milestones, anticipated problem areas, and check -off lists. Our Project Manager will personally administer the QCP for each project assigned to Garver, and team members individually sign the QCP to acknowledge their responsibility, all of which leads to quality work on our projects. We also have developed formal CADD standards for all of our work. These standards explicitly state our expectations of our CADD operators. 11 $513,577.28 -1.80% I $129,485 -35.21% $74,930 -.32% $276,290 .38% $416,316 -9.10%* $1,840,529 I I -.34% $27,600 -3.50% $81,555 i -39.99% $5,000 0.00% L_ $137,936 -3.74% i $3,503,220 -5.08% Garver's commitment to quality has been recognized with National Asphalt Association awards on the last three major runway projects in Northwest Arkansas. Garver believes that for any project, proper checking procedures are the critical element in reducing the occurrence of errors and omissions in the plans. We therefore pledge to assign individuals that were not involved in the design or plan preparation process to perform detail checks of design, plans, and quantities. In this way, a fresh, critical eye will be brought to the table for checking purposes. 4W" CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 15 Ability to Meet Schedules and Deadlines Garver has an excellent reputation for providing high -quality design, clear and consistent communication, and attention to performance schedules and budgets. Our excellent record of successfully completing projects on time is due to realistic project scheduling and our ability to foresee and mitigate potential obstacles during design and construction. Before preparing plans and specifications, we determine what approach will best fulfill your needs and then design your project to do the job and be cost effective for its entire lifetime. Schedules and deadlines during the design phase are consistently met because of the number of fully trained, experienced airport engineering professionals and technicians we have available for your projects. We will diligently develop project scopes that minimize the risk of project amendments and will continually look at the big picture of the project needs. This diligence, combined with Garver's successful record of dealing with and meeting the regulatory requirements, helps us deliver quality projects on time and within budget. Comparable Current and Completed Projects of Key Personnel As a client -oriented firm, Garver focuses its time and energy on delivering creative solutions, cost-effective services, and customer care. Our staff works hard to maintain its reputation. At Garver, we pledge our efforts to provide outstanding service to our clients through quality design, responsive management, and cost control. We recognize that our reputation is not based on what we say about ourselves but on what our clients and peers say about us. We encourage you to contact any of our references listed below to verify the quality of our work and our ability to coordinate and deliver your project on time and within budget. References for Work Performed in the Past Three Years Wyman Morgan David Krutsch Administrative and Financial Director Airport Manager Springdale Municipal Airport Commission City of Rogers Phone: 479-750-8152 Phone: 479-631-1400 Email: wmorgan@springdalear.gov Email: dkrutsch@rogersar.gov Judy McCutcheon Kellyjohnson, A.A.E. Airport Manager Airport Director Boone County Regional Airport Northwest Arkansas National Airport Phone: 870-741-6954 Phone: 479-205-1422 Email: boonecountyairport@windstream.net Email: Kelly.johnson@flyxna.com r� CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 16 !J A .r Springdale Municipal Airport Runway Rehabilitation SPRINGDALE, AR COST: $2.2 million DATES: 2017 - 2018 Garver provided design and construction phase services for rehabilitation of Runway 18-36 and connector taxiways and rehabilitation of the runway electrical system and lighting. During design, Garver worked with area contractors to determine a realistic construction timeframe that minimized the construction downtime while maximizing the Airport's planned funding. The $2.5 million project was completed one day ahead of schedule in December 2018. Rogers Executive Airport Runway Rehabilitation ROGERS, AR COST: $5.3 million DATES: 2014-2018 Garver provided planning, environmental, design, and construction phase services for the rehabilitation and strengthening of Runway 2-20 at Rngers Fxeci itive Airport To limit the impact to airport tenants, the construction time frame for the project was limited to nine calendar days. Garver's construction staff worked with contractor personnel around the clock on 12-hour shifts to complete the project in eight days, 24 hours ahead of schedule. rW CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 17 S) I Springdale Municipal Airport Fuel Farm Rehabilitation SPRINGDALE, AR COST: $154,000 DATES: 2014 Garver completed design, bidding, and construction management services for the demolition of an existing fuel farm at Springdale Municipal Airport. The project also included the expansion of another fuel farm on the airport. The expansion included the addition of a new 12,000 gallon JET A tank and the associated piping. To lower construction costs, Garver worked with the manufacturer to utilize the existing offloading and pumping system for the new tank, allowing it to work parallel with the existing Jet A tank. Boone County Regional Airport Roof Rehabilitation HARRISON, AR COST: $105,000 DATES: 2016 During a rain event In 2016, Garver reviewed the existing FBO Hangar Facility at Boone County Regional, The FBO Hangar Facility includes two hangars and the FBO office space. During the rain event, water was visibly running down interior walls for leaks in the roofs. After the site visit, Garver assisted the Airport in developing a specification for a silicone roof coating to fix the roof leaks. Garver also assisted the Airport in obtaining bids and in applying for an ADA grant for the cost of the roof rehabilitation. The rehabilitation was completed in September 2016 with no leaks reported to -date. I90 CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 18 I Ll [Ai Northwest Arkansas National Airport Taxiway B Reconstruction BENTONVILLE, AR COST: $16.9 million DATES: 2018 - 2019 Taxiway B's connection to the ongoing runway reconstruction project created a sensitive situation for project design. To design the project in anticipation of the runway reconstruction's completion, Garver provided field surveys and incorporated multiple plans from ongoing projects into the "existing conditions" section to emulate what the contractor will see when the project begins construction. In addition, Garver regularly communicated with the airport to obtain all as -built information from on -going construction projects to incorporate this information into the design process. Bentonville Municipal Airport West Taxiway Construction BENTONVILLE, AR COST: $2.27 million DATES: 2016 - 2018 Garver provided survey, design, bidding, and construction phase services for the construction of a west parallel taxiway at Bentonville Municipal Airport. The project included construction of approximately 3,800 linear feet of 35-foot-wide new parallel taxiway and runway connectors, installation of new taxiway edge lights, new airfield signage, associated earthwork, drainage, and other miscellaneous work. Garver designed the project with two schedules and a deductive alternate to provide flexibility in order to adapt to unknown discretionary funding and uncertain bids. IVA CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 19 Bentonville Municipal Airport Hangar Infrastructure BENTONVILLE, AR COST: $92,456 DATES: 2016-2018 In 2016, Garver assisted Bentonville Municipal Airport in a new West Parallel Taxiway project that opened up over 20 acres of airport property to new hangar development. During the project, Garver worked with the City of Bentonville to develop a utility master plan for the area. Once complete, Garver assisted the City with design, bidding, and construction phase services for a project to begin bringing water, sewer, electric, and gas utility service to the first hangars to be completed on the west side of the airfield. In all, the utility extensions will serve up to six new hangar facilities, with two already complete. Boone County Regional Airport Part 139 Upgrades HARRISON, AR COST: $1.2 million DATES: 2006 - 2007 Garver assisted Boone County Regional Airport in purchasing an ARFF vehicle during the Part 139 upgrades project. This project also included rehabilitating approximately 2,600 square yards of general aviation apron pavement, installing perimeter fencing, installing approximately 3,000 linear feet of underdrain pipe, and rehabilitating the runway lighting system with approximately 150 high -intensity lights. r0 CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 20 412 11z Sonora Harmon z6s Shad Johnson Mayfield 3oa Wheeler Habberton Savoy Goshen 16 Is 16 Fay 265 295 Wyman Gz 1G Baldwin Farmington Harris 1e in Wesley l�o Elkins Greenland Black Oak Prairie Grove 71 Proximity C A benefit of selecting Garver for your upcoming improvements is the proximity of our Fayetteville office, which will provide engineering services. As illustrated above, Garver is conveniently located within 15 minutes of the Airport. Our team of professionals is accessible and available to respond quickly to your requests and to represent your interests. An important advantage to our location is the opportunity for your staff to communicate "face to face" with their consultant. Rapid response and on -site communication will be critical elements when addressing project needs and inquiries from staff, airport board, city council, and citizens. Familiarity Another major benefit of selecting the Garver Team for your improvements is our familiarity with your airport and the surrounding area through previous project experience. Collectively, the Garver Team has completed over 120 projects at FYV. The map on the following page details our team's most recent experience at Fayetteville -Drake Field Airport. We won't need to be brought "up to speed" on your airfield's infrastructure. We have the familiarity needed to immediately begin on your upcoming improvement projects. I�U CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 21 1. Taxiway B Rehab & Widening 2. Beacon Improvement 3. Taxiway Lighting Rehabilitation 4. Wind Cone Relocation 5. Roof Rehabilitations (six buildings) 6. Terminal Apron Rehabilitation 7. Terminal Roof Rehabilitation & HVAC Upgrade 8. Runway Markings Rehabilitation 9. Terminal Parking Lot Rehabilitation 10. Taxiway E 11. Taxiway A 12. West General Aviation Apron 13. Highway 71 Relocation 14. Fuel Farm 15. Air Traffic Control Tower 16. Lancaster Drive 17. Executive Hangars (U of A, FBO) 18. East General Aviation Apron and Hangars 19. Taxiway D Extension 20. Runway Rehabilitation 21. USDA Forest Service Taxiway Extension 22. Taxiway Rehabilitation CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 22 At Garver, our reputation is built upon our core values, our dedication to quality work, and our outstanding staff. Garver operates on four core values --honor, integrity, respect, and trust --and our staff strives to meet these standards in every activity that we pursue, from communicating with clients, contractors, and stakeholders to pursuing the highest quality result in every project. We support these values by building core competencies among our team members in performance, professionalism, teamwork, accountability, awareness, communication, and passion. Garver is dedicated to outstanding competence and professionalism, and we have a record of providing responsible cost control, quality planning and design, and responsive management. The organizational chart on the following page lists the Garver Team's key personnel who will assist the City of Fayetteville with its upcoming improvements. Immediately following, we provide resumes detailing the experience and qualifications of key personnel. The Garver Team has the expertise and will deliver the responsive service you deserve. Our team will initiate, oversee, and complete your airfield projects while following the procedures, guidelines, and criteria dictated by your airport and the FAA. �� CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services 6u I LU H Z W W w w v CO '-.A O N 00 ~ a ru am u v2 a 3 p Y C L W 4, O i W C Z L ro ❑ O pip din �c Q0 p�mu �' a •G O•• Ln �j �• l7•• Lu • i W 99 Q z W J � Q W * W u 0 W .L U n- , Z_ �vra a I-. z c L m u l7 • • oe W l7 w Q a u Z v k + Q 0 �L m zo a + uE �* o0 o m 0 Q W Q in J Q a m Q Q ce J 0 � d W W a Q J W Vl � W LU x - W V _ W W -� J -k T Z -2ww oCa w w w �=w H* Z w 0 n- < G = � 0- = 0 {~J uw � wa {A T� ru W p a W d v I-. Q O vvLQ Z^-0 7 r i C N Z aNi L LOU( �' v E W i V1 0 L O C C Q C �M L Ua ~ -+tn m Q>� P.Wab.0 Ln -p O CO' N 'j Zra 'mm � Z � cdco nu(3 no ��N OY a op om0 D0 a•••• a••• �••• u• x■•••• Cy W s J J N a u 0 LU u Q x ~~a Q c-HY �a wu v Q _ V a LL Z Q) a w Z ° o H.Sa Z NBxC Q a Z �0 v �LA - W E d a n a u Vi p� C C Z n Q N rru C v; Z rru x CO o C O G �' o o H aL--+ N Ln Z W O O u v F C QZLn Zau Oda v �a Wo ��• W•• 0v1•• u, v a a <r t7• rW CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services f �;=-. PROJECT MANAGER E Adam White, PE Adam White is a senior project manager on Garver's Aviation Team and serves as the team leader for the Northwest Arkansas Aviation Team. He has 14years experience specializing in design, evaluation, and maintenance of airfield pavements. Adam's responsibilities include airport design, project management, construction management, airport master planning, coordination with commercial service and general aviation clients, coordination with the FAA, and writing specifications. His project experience includes construction of runways, taxiways, aprons, hangars, perimeter fencing, parking lots, ARFF Stations, and terminals. Adam also has experience in developing green field airports, having worked on the development of four such airports. He also specializes in pavement rehabilitation and has inspected over 10 million square feet of airport pavement. [1- "y1)F1'\1lf=i•iC E Northwest Arkansas National Airport Taxiway B Reconstruction I Bentonville, AR Rogers Executive Airport Runway Rehabilitation I Rogers, AR Springdale Municipal Airport Runway Rehabilitation I Springdale, AR PRINCIPAL IN CHARGE Mike Griffin, PE GARNER Mike Griffin is a senior vice president and director of aviation with 35 years of engineering experience. Mike's responsibilities include coordinating the efforts of 80 full-time aviation personnel in 14 regional offices. He is familiar with the requirements and directives of the FAA and various state aeronautics grant programs, and he regularly compiles projects to adapt to funding requirements and availability. As a presenter at FAA conferences, Mike is well versed in FAA advisory circulars and guidelines. He has provided project management and QA/QC for the planning, design, and construction oversight of seven new greenfield airports and over $1 billion in air carrier and GA airport improvements. Mike is an instrument -rated pilot with more than 1,900 flight hours. 1-""Pf=RII L George Bush Intercontinental Airport Reconstruction of Taxiways RA, RB, SA, and SB I Houston, TX Rogers Executive Airport Runway Rehabilitation I Rogers, AR Clinton National Airport Taxiway C Reconstruction I Little Rock, AR CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services MASTER PLANNING Nathan Polsgrove, A.A.E., IAP, ACE Nathan Polsgrove is an aviation planning leader on Garver's Aviation Team with 15 years experience in the development and implementation of Airport Master Plans, Airport Layout Plans, business/strategic plans, airport policies, and capital improvement planning. Prior to joining Garver, he spent 13 years in the airport management industry in a variety of management and leadership positions at both general aviation and commercial service airports. Nathan served as the airport manager for the Williamsburg -Whitley County Airport in Williamsburg, Kentucky after graduating from Eastern Kentucky University. After which, he held an 11 year tenure with the San Antonio Airport System, holding such titles as airport operations supervisor, interim airport operations manager, and chief strategy and development officer. Nathan is an instrument rated pilot with over 200 flight hours. E . 1' F P IEklt_ F Fort Smith Regional Airport PFC Program I Fort Smith, AR Rogers Executive Airport Runway Extension Feasibility Study I Rogers, AR Abilene Regional Airport Master Plan I Abilene, TX ENVIRONMENTAL Ryan Mountain, PWS Ryan Mountain is a senior environmental scientist/specialist at Garver with 20 years of experience in environmental services and project management. His responsibilities include managing special environmental studies for Garver's aviation team, including authoring and co-authoring NEPA documents; agency coordination; threatened and endangered species survey coordination; Industrial SWPPP permits; SPCC plan development; Phase I environmental site assessments; Section 404 permitting; wetland delineations; detailed wetland and stream mitigation planning and specifications; and biological evaluations and habitat assessments. PERIEi\ICL ArDOT Connecting Arkansas Program I Statewide, AR Muhlenberg County Airport Runway 06-24 Environmental Assessment I Greenville, KY Jack Brooks Regional Airport Airfield Environmental Assessment I Beaumont, TX rN CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services iv ■-. AIRFIELD DESIGN GRANT PROCUREMENT / CLOSEOUT Ben Perea, PE Ben Perea is a project manager on Garver's Aviation Design Team with nine years of experience. His responsibilities include assisting with preliminary and final design, construction safety plans, bidding, and construction phase services. Ben's project experience includes runways, taxiways, aprons, hangars, signage, access roads, drainage and grading, site investigation, and airport layout plans. EXPERIEI`,ICE Springdale Municipal Airport Fuel Farm Rehabilitation Springdale, AR Siloam Springs Municipal Airport Taxilane Construction Siloam Springs, AR Northwest Arkansas National Airport Taxiway B Reconstruction Bentonville, AR Fayetteville -Drake Field Airport Terminal Apron Rehabilitation Fayetteville, AR AIRFIELD ELECTRICAL DESIGN Bart Gilbreath, PE, LEED AP Bart Gilbreath is a senior project manager and electrical leader on Garver's Aviation Team with 15 years of commercial and general aviation project design and management experience. He has managed and/or designed over $600 million of airfield and aviation related projects. Bart is actively involved with reviewing and improving FAA standards with respect to airfield and landside construction projects. He works alongside other Garver aviation electrical staff members to provide feedback to the FAA on how to improve the FAA Advisory Circulars (ACs) and assist in bringing the ACs more into agreement with the National Electric Code. One of these recommendations that Bart was involved with was the FAA's method for lighting the new pavement fillet design. EXPERIENCE Rogers Executive Airport Runway Rehabilitation I Rogers, AR Springdale Municipal Airport Fuel Farm Rehabilitation I Springdale, AR Bentonville Municipal Airport Hangar Infrastructure I Bentonville, AR Fayetteville -Drake Field Airport Taxiway Lighting Rehabilitation I Fayetteville, AR %; CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services v iJ LANDSIDE DESIGN Ran Petri, PE Ron Petrie is a senior project manager on Garver's Transportation Team with 29 years of engineering experience. His responsibilities include managing the local government transportation team, which involves team member management, project quality control, and client representation at public meetings. His previous experience includes serving as the City of Fayetteville's city engineer, managing a staff of 22 employees with an operating budget of $1.2 million and an average yearly capital improvement budget of $10.2 million for transportation, drainage, and water and sewer infrastructure improvements. His responsibilities included representing engineering issues at the city council, street committee, and water and sewer committee meetings as well as to the public and local media. Northwest Arkansas National Airport Access Road I Bentonville, AR Fayetteville Spring Street Parking Deck I Fayetteville, AR Favetteville Regional Park (Kessler Mountain Regional Park) I Fayetteville, AR COST ESTIMATING Keith Britton, PE Keith Britton has 18 years of experience in civil infrastructure projects. Keith's engineering experience encompasses maintenance engineering, civil site design, hydrologic analysis, water and wastewater design, geometric highway design, right-of-way acquisition, travel demand modeling, design/ project forecasting, drainage improvements, conceptual designs, steel structural design and preparation of construction plans & specifications. In addition, Mr. Britton has experience in providing construction support services, in managing and reviewing contractor submittals, such as, shop drawings and details. Rogers Executive Airport Cost Estimating I Rogers, AR Northwest Arkansas National Airport Drainage Design and Construction Observation I Bentonville, AR Dallas Fort Worth International Airport Landside Roadway Rehabilitation I Dallas, TX CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services vi I Ll HANGARS AND OTHER BUILDINGS John Watkins, III, PE, SE, Assoc. DBIA John Watkins is a Vice President, Director of Facilities Design, and Structural Engineering Resource Leader with 34 years of experience. John's responsibilities include design quality control and coordinating architectural, civil, structural, electrical, and mechanical design for government, industrial and commercial buildings and water -bearing structures. His project experience includes structural analysis and design for aircraft hangars, treatment plants, parking structures, warehouses, manufacturing facilities, office buildings, educational facilities, and pedestrian bridges. Building systems design includes steel framing, reinforced concrete, reinforced masonry, PEMB, CMU, and steel stud construction. John's experience includes structural design in high -seismic regions of northeastern Arkansas and western Tennessee. r_ ,-,F.- - Clinton National Airport Terminal Ramp Expansion and Rehabilitation I Little Rock, AR Clinton National Airport Drainage Improvements I Little Rock, AR South Arkansas Regional Airport Terminal Structural Investigation I El Dorado, AR QUALITY CONTROL, MATERIALS TESTING Ma Daniel Barnes, PE Daniel Barnes is the President of MCE-Fayetteville with 18 years of experience. In this position, he is responsible for the overall management of a wide variety of the office's ongoing public works projects. This entails contracting, scheduling, budgeting and expediting the engineering, surveying and laboratory project aspects of these assignments. In addition to his management duties, Mr. Barnes has several years of experience in hands-on planning, design and construction administration of aviation projects and his expertise includes project planning, funding assistance and project design. P FI,IEi',,IC1. Fayetteville -Drake Field Airport Environmental Due Diligence Audit I Fayetteville, AR Highway 71 Relocation I Fayetteville, AR CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services vii i BOUNDARY AND TOPOGRAPHIC SURVEYS Paul Davis, PS Paul Davis is a senior project surveyor with 40 years of surveying experience. He also serves as Garver's survey standards manager responsible for overseeing survey quality and consistency throughout all Garver offices. Paul's responsibilities include supervising field crews and office personnel, collecting and processing data, using Carlson software with Trimble Data collectors, providing deed line delineation and plats for boundary surveys, creating topographic survey maps using InRoads for MicroStation, and preparing maps and descriptions for acquisition documents related to roadway and utility improvements. His project experience includes performing construction staking, topographic, location, and boundary surveys. Boone County Regional Airport Access Road Construction I Harrison, AR Clarksville Municipal Airport Runway Rehabilitation Clarksville, AR City of Fayetteville On -Call Water Services Contract Fayetteville, AR CONSTRUCTION OBSERVATION Johney Boles GARNER Johney Boles is a senior construction inspector on Garver's Construction Services Team with 39 years of experience. Johney's responsibilities include inspecting that contractors and subcontractors are working in accordance with plans and specifications. Additional experience includes scheduling crews, right-of-way acquisitions, job costs, and estimates. He has experience in projects involving roadway and airfield construction, utility relocations, drainage structures, overhead electric transmission lines, power substations, and water/sewer installation. Rogers Executive Airport Runway Rehabilitation I Rogers, AR Fayetteville -Drake Field Airport Taxiway B Reconstruction Fayetteville, AR Bentonville Municipal Airport West Taxiway Construction Bentonville, AR �W CITY OF FAYETTEVILLE, AR I RFQ 20-03: Aviation Engineering Services viii -CITY OF City of Fayetteville, AR FAY E T T E V I L L E Purchasing Division, Room 306 A R K A N S A S 113 W. Mountain Street Fayetteville, AR 72701 Phone: 479-575-8220 TDD (Telecommunication Device for the Deaf): 479.521.1316 REQUEST FOR QUALIFICATION: RFQ 20-03, Aviation Engineering Services DEADLINE: Tuesday, February 25, 2020 before 2:00:00 PM, local time DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Les McGaugh, Imcgaugh@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: Monday January 27, 2020 REQUEST FOR STATEMENT OF QUALIFICATION RFQ 20-03, Aviation Engineering Services No late qualifications will be accepted. RFQ'S shall be submitted in sealed envelopes labeled "RFQ 09-06, Aviation Engineering Services" with the name and address of the Proposer. RFQ's shall be submitted in accordance with the attached City of Fayetteville specifications and RFQ documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of submitting, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Garver, LLC Contact Person: Adam White E-Mail: ATWhite@GarverUSA.com Business Address: 2049 E. Joyce Blvd., Suite 400 City: Fayetteville Title: Senior Project Manager Phone: 479-287-4635 State: Arkansas Signature: Arjo2TLC Date City of Fayetteville, AR RFQ 20-03, Aviation Engineering Services Page 1 of 18 Zip: 72703 February 25, 2020 City of Fayetteville RFQ 20-03, Aviation Engineering Services SECTION B: Vendor References The following information is required from all firms so all statements of qualification may be reviewed and properly evaluated: COMPANY NAME: Garver, LLC NUMBER OF YEARS IN BUSINESS: 101 HOW LONG IN PRESENT LOCATION: 23 years TOTAL NUMBER OF CURRENT EMPLOYEES: 707 FULLTIME 39 PARTTIME •TBD based on the scope NUMBER OF EMPLOYEES PLANNED FOR THIS CONTRACT: FULLTIME PARTTIME of services required to complete tasks. PLEASE LIST FOUR (4) REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED CONTRACT SERVICES FOR WITHIN THE PAST FIVE (5) YEARS IAII fields must be completed 1. Springdale Municipal Airport Commission 2 Boone County Regional Airport COMPANY NAME COMPANY NAME Springdale, AR, 72764 Harrison, AR 72602 CITY, STATE, ZIP CITY, STATE, ZIP Wyman Morgan, Admin and Financial Services Director Judy McCutcheon, Airport Manager CONTACT PERSON CONTACT PERSON 479-750-8152 870-741-6954 TELEPHONE TELEPHONE 479-750-8559 870-741-5526 FAX NUMBER FAX NUMBER wmorgan@springdalear.gov boonecountyairport@windstream.net E-MAIL ADDRESS E-MAIL ADDRESS 3, City of Rogers 4. Northwest Arkansas National Airport COMPANY NAME COMPANY NAME Rogers, AR 72756 Bentonville, AR 72713 CITY, STATE, ZIP CITY, STATE, ZIP David Krutsch, Airport Manager Kelly Johnson, Airport Director CONTACT PERSON CONTACT PERSON 479-631-1400 479-205-1422 TELEPHONE TELEPHONE 479-631-1128 479-205-1001 FAX NUMBER FAX NUMBER dkrutsch@rogersar.gov Kelly.Johnson@flyxna.com E-MAIL ADDRESS E-MAIL ADDRESS City of Fayetteville, AR RFQ 20-03, Aviation Engineering Services Page 11 of 18 City of Fayetteville RFQ 20-03, Aviation Engineering Services SECTION C: Signature Submittal 1. Disclosure Information Proposer shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form must be completed and returned in order for your bid/proposal to be eligible for consideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS 2) RELATIONSHIP EXISTS (Please explain): I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; and my organization shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment. 2. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection committee can call for clarification or interview via telephone. Name of Firm: Garver, LLC Name of Primary Contact: _re.11 R A Title of Primary Contact: Senior Project Manager Phone#1(cell preferred): 479-747-1991 (cell) Phone#2: 479-287-4635 (office) E-Mail Address: ATWhite@GarverUSA.com 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFQ documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. City of Fayetteville, AR RFQ 20-03, Aviation Engineering Services Page 12 of 18 ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 3. Please acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFC. documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject vendor to disqualification. 4. As an interested party on this project, you are required to provide debarment/suspension certification indicating in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. 4. Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Questions regarding this form should be directed to the City of Fayetteville Purchasing Division. NAME: Adam White, PE COMPANY: Garver, LLC PHYSICAL ADDRESS: 2049 E. Joyce Blvd; Suite 400, Fayetteville, AR 72703 MAILING ADDRESS: 2049 E. Joyce Blvd; Suite 400, Fayetteville, AR 72703 PHONE: 479-287-4635 FAX: 479-527-9101 E-MAIL: ATWhite@GarverUSA.com Signed by: SIGNATURE: PRINTED NAME: Adam White, PE TITLE: Senior Project Manager DATE: February 25, 2020 City of Fayetteville, AR RFQ 20-03, Aviation Engineering Services Page 13 of 18 2.) PLEASE FILL OUT THE SECTION BELOW AND SUBMIT THIS FORM WITH YOUR STATEMENT OF QUALIFICATIONS: a) I, as an officer of this organization, or pert he attached letter of authorization, am duly authorized to certify the information provided herein are accurate and true; Garver, LLC Name of Firm Michael G. Griffin Printed Name Signature Senior Vice President Title February 25, 2020 Date City of Fayetteville, AR RFQ 20-03, Aviation Engineering Services Page 14 of 18 City of Fayetteville RFQ 20-03, Aviation Engineering Services SECTION E: DBE Form All bidders/proposers are required to provide the following information and for all DBE and non -DBE subcontractors, who provided a proposal, bid, or quote on this project and shall be submitted with their bid/proposal in order to be considered as a 'responsible' bidder/proposer. The purpose of collecting this information is to comply with requirements at federal regulation 49CFR part 26.11(c) to maintain and update a Bidders List to assist in the overall annual goal DBE goal setting process. Firm Name: McClelland Consulting Engineers, Inc. Phone: 479.443.2377 Address: 1810 N. College Avenue Fax 479.443.9241 Fayetteville, AR 72703 Email: dbarnesQmce.us.com Contact Person: Daniel Da nes, PE Is the firm currently certified as a DBE with the Arkansas Unified DBE Program? ❑ YES ® NO Type of work/services/materials provided by firm: Civil Engineering Geotechnical Engineering/Construction Materials Testing Surveying Services Land Development/Landscape Architecture What were your firm's Gross Annual receipts for last year? ❑ Less than $1 Million ❑ Less than $5 Million ❑ Less than $10 Million ® Less than $15 Million ❑ More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non- DBEs) information. City of Fayetteville, AR RFQ 20-03, Aviation Engineering Services Page 18 of 18 City of Fayetteville RFQ 20-03, Aviation Engineering Services SECTION E: DBE Form All bidders/proposers are required to provide the following information and for all DBE and non -DBE subcontractors, who provided a proposal, bid, or quote on this project and shall be submitted with their bid/proposal in order to be considered as a 'responsible' bidder/proposer. The purpose of collecting this information is to comply with requirements at federal regulation 49CFR part 26.11(c) to maintain and update a Bidders List to assist in the overall annual goal DBE goal setting process. Firm Name: ICONIC Consulting Group, Inc. Address: 1701 Centerview Drive, Suite 117 Little Rock, AR 72211 Contact Person: Keith M. Britton Phone: 214-924-6500 Fax: 214-705-3769 Email: keith.britton@iconiccg.com Is the firm currently certified as a DBE with the Arkansas Unified DBE Program? 0 YES ❑ NO Type of work/services/materials provided by firm: civil engineering and construction support services What were your firm's Gross Annual receipts for last year? ❑ Less than $1 Million 0 Less than $5 Million ❑ Less than $10 Million ❑ Less than $15 Million ❑ More than $15 Million This form can be duplicated if necessary to report all bidders (DBEs and non- DBEs) information. City of Fayetteville, AR RFQ 20-03, Aviation Engineering Services Page 18 of 18 2049 E.Joyce, Blvd., Suite 400 Fayetteville, AR 72703 Phone: 479-527-9100 Fax:479-527-9101 GarverUSA.com Project No. RFQ 20-03 DBE ASSURANCE STATEMENT/LETTER OF INTENT RESPONDENT: Name of Firm: Garver, LLC Address: 2049 E. Joyce Blvd., Suite 400 City: Fayetteville State: AR Telephone: 479-527-9100 DBE: Name of Firm: ICONIC Consulting Group, Inc. Address: 1701 Centerview Drive, Suite 117 City: Little Rock State: AR Description of work to be performed by DBE: Cost estimating services for upcoming projects. Zip: 72703 Zip: 72211 The Respondent is committed to utilizing the above -named DBE for the work described above. The dollar value will be dependent on the specific project(s). AFFIRMATION The above -named DBF affirms that it will perform the portion of the proposal as stated above. ature of DBE 02/19/2020 Keith M. Britton, President Date Name and Title The above -named Proposer affirms that it will use the DBE Firm for the services as stated above for this oroaosal. 1 LI-A 02/19/2020 Adam T. White, Senior Project Manager Signature of Respondent Date Name and Title L J —Noma ----- GARVER APPENDIX A-1 TASK ORDER 01 AIRPORT ON -CALL SERVICES This TASK ORDER 01 ("Task Order") is made as of , 2020 by and between the CITY OF FAYETTEVILLE and GARVER, LLC, (hereinafter referred to as "GARVER") in accordance with the provisions of the AGREEMENT FOR PROFESSIONAL SERVICES executed on (the "Agreement"). SECTION 1- SCOPE OF SERVICES GARVER will provide on -call professional engineering and surveying services for Fayetteville — Drake Field Airport (FYV). GARVER will perform duties as directed by the CITY OF FAYETTEVILLE and agreed to by GARVER. Work beyond the not to exceed amount below is considered extra work. SECTION 2 — PAYMENT For the Services described under SECTION 1— SCOPE OF SERVICES the CITY OF FAYETTEVILLE will pay GARVER for time spent on the Project, at the unburdened hourly payroll rate of each of GARVER's personnel (may include contract staff classified at Garver's discretion) during the performance of these Services multiplied by a 3.20 markup plus reimbursable expenses including but not limited to printing, courier service, reproduction, and travel. The not to exceed cost for these services is $20,000. Except for additional costs incurred by delays or escalation provisions herein, the actual total fee may not exceed this estimate without a formal contract amendment approved by the CITY OF FAYETTEVILLE. For informational purposes, a breakdown of GARVER's current hourly rates for each employee classification in included in Exhibit A-1. Hourly rates will be escalated approximately 4% annually starting July 1, 2021. Expenses other than salary costs that are directly attributable to performance of our Services will be billed as follows: 1. Direct cost for travel, long distance and wireless communications, outside reproduction and presentation material preparation, and mail/courier expenses. 2. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc. 3. The amount allowed by the federal government for mileage with an additional $0.05 for survey trucks/vans. SECTION 3 — APPENDICES 3.1 The following Appendices are attached to and made a part of this Work Order: 3.1.1 Exhibit A— Base Rate Schedule Task Order 01 1 of 2 Aviation On -Call Services GARV ER This Agreement may be executed in two (2) or more counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Approval and acceptance of this Task Order, including attachments listed in SECTION 3 — APPENDICES AND EXHIBITS, shall incorporate this document as part of the Agreement. Garver is authorized to begin performance upon receipt of a copy of this Task Order signed by the CITY OF FAYETTEVILLE. The effective date of this Task Order shall be the last date written below. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk Task Order 01 Aviation On -Call Services 2 of 2 GARVER B Mich J. Griffin Title: Senior Vice President GARVER Aviation On -Call Services Base Hourly Rate Schedule Classification Rates Engineers / Architects E-1.............................................................................. $ 36.72 E-2.............................................................................. $ 42.64 E-3.............................................................................. $ 51.57 E-4.............................................................................. $ 60.29 E-5.............................................................................. $ 73.55 E-6.............................................................................. $ 90.40 E-7.............................................................................. $ 120.20 Planners / Environmental Specialist P-1.............................................................................. $ 44.22 P-2.............................................................................. $ 55.59 P-3.............................................................................. $ 69.11 P-4.............................................................................. $ 77.25 P-5.............................................................................. $ 89.30 P-6.............................................................................. $ 101.95 P-7.............................................................................. $ 123.20 Designers D-1.............................................................................. $ 34.28 D-2.............................................................................. $ 40.04 D-3.............................................................................. $ 47.79 D-4.............................................................................. $ 55.59 Technicians T-1............................................................................... $ 26.78 T-2............................................................................... $ 33.92 T-3............................................................................... $ 41.37 Surveyors S-1.............................................................................. $ 16.48 S-2.............................................................................. $ 21.68 S-3.............................................................................. $ 29.18 S-4.............................................................................. $ 41.92 S-5.............................................................................. $ 55.59 S-6.............................................................................. $ 63.24 2-Man Crew (Survey)....................................................... $ 63.60 3-Man Crew (Survey)....................................................... $ 80.08 2-Man Crew (GPS Survey) ............................................... NA 3-Man Crew (GPS Survey) ............................................... NA Construction Observation C-1.............................................................................. $ 32.34 C-2.............................................................................. $ 41.62 C-3.............................................................................. $ 50.95 C-4.............................................................................. $ 62.62 Management/Administration M-1 $ 123.20 X-1.............................................................................. $ 21.02 X-2.............................................................................. $ 28.56 X-3.............................................................................. $ 39.78 X-4.............................................................................. $ 50.75 X-5.............................................................................. $ 62.22 X-6.............................................................................. $ 77.00 X-7.............................................................................. $ 92.70 Task Order 01 Aviation On -Call Services City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0930 Agenda Date: 11/17/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 2020 BULLETPROOF VEST PARTNERSHIP (BVP) GRANT PROGRAM: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A MATCHING GRANT AWARD FROM THE 2020 BULLETPROOF VEST PARTNERSHIP PROGRAM IN THE AMOUNT OF $21,200.00 FOR THE REPLACEMENT OF BODY ARMOR VESTS FOR FAYETTEVILLE POLICE OFFICERS, 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 authorizes acceptance of a matching grant award from the 2020 Bulletproof Vest Partnership Grant Program in the amount of $21,200.00 for the replacement of body armor vests for Fayetteville police officers. 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 11/17/2020 City of Fayetteville Staff Review Form 2020-0930 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds 10/22/2020 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of a matching grant award from the 2020 Bulletproof Vest Partnership (BVP) Grant Program and budget adjustment in the amount of $21,200 for the scheduled replacement of expiring body armor vests of current officers and outfitting new officers with body armor. Matching funds in the amount of $21,200 are budgeted within Police Ballistic Protection (#13011-1) project of the Capital Improvements Program. 1010.200.2920-5210.00 Account Number 37042-2020 Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? Yes Budget Impact: General Fund Bulletproof Vest Partnership - 2020 Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget 5 S - $ 21,200.00 21,200.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: �CITY OF FAYETTEVI LLE &ma ARKANSAS MEETING OF NOVEMBER 17, 2020 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: October 22, 2020 CITY COUNCIL MEMO SUBJECT: 2020 Bulletproof Vest Partnership Grant Program Award RECOMMENDATION: Staff recommends approval of a matching grant award from the 2020 Bulletproof Vest Partnership (BVP) Grant Program and budget adjustment in the amount of $21,200 for the scheduled replacement of expiring body armor vests of current officers and outfitting new officers with body armor. Matching funds in the amount of $21,200 are budgeted within Police Ballistic Protection (#13011-1) project of the Capital Improvements Program. BACKGROUND: The BVP, created by the Bulletproof Vest Partnership Grant Act of 1998, is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. Since 1998, the Fayetteville Police Department has obtained grant funding in excess of $180,000 for the purchase of body armor vests through this partnership. The BVP program provides a vital component to the continuing health and welfare of our police officers. Each body armor vest has a guaranteed life of five years. All state-of-the-art body armor is custom made to the exact specifications of the wearer. This ensures all officers have our required level of protection. DISCUSSION: The anticipated cost to replace expiring body armor vests and outfit new officers is projected to be $42,400. This grant funding by BVP will provide total reimbursement of $21,200 of the City's expenses for the purchase of new body armor vests. The Police Department has planned for this grant matching requirement as evidenced by budgeted funds in the Capital Improvements Program's Police Ballistic Protection (#13011-1) project. BUDGET/STAFF IMPACT: The City must match $21,200 of the total projected cost of $42,400. Currently, matching funds are budgeted in the Capital Improvements Program's Police Ballistic Protection (#13011- 1) project. There is no staffing impact related to this grant award. Attachments: Budget Adjustment Grant Award Notice BVP Award Status Summary Sheet Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Newman, Willie From: BVP Email Account <ojp@public.govdelivery.com> Sent: Monday, October 19, 2020 8:50 AM To: Newman, Willie Subject: Bulletproof Vest Partnership 2020 Award Announcement CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear BVP Applicant, The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2020 Patrick Leahy Bulletproof Vest Partnership (BVP) solicitation. These funds have been posted to your account in the BVP System. A complete list of FY 2020 BVP awards is available at: https://www.oiR.gov/pro,izraiTVbulletproof-vest- partnership/overview. Important: Jurisdictions must be registered in the SAM system (littps://www.sam.jzov/SAM1] in order to be paid for any 2020 BVP funds. For more information about renewing and updating your existing SAM registration, or registering in SAM as a new entity, please visit httt)s://fsd.ggv/fsd Eov/nnswer.do?sysparm number=KB001 108 1. The SAM Helpdesk can be reached at 866-606-8220. T The FY 2020 award may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered after April 1, 2020. The deadline to request payments from the FY 2020 award is August 31, 2022, or until all available funds have been requested. Awards will not be extended past that date, and any unused funds will be forfeited. Please see the following websites for a list of NIJ compliant vests: bttps://citec.or compliance- testin&- progam/ compliant -product -lists/ As a reminder, all jurisdictions that applied for FY 2020 BVP funding certified that a mandatory wear policy was in place for their jurisdiction. BJA will be conducting reviews of the mandatory wear policies as funds are requested from the BVP System. For more information on the BVP mandatory wear policy, please see the BVP Frequently Asked Questions document: https://www.oip.gov/sites) files/xyckuh241/files/modia/doeumentAFAOsBVPMandatoryWear Policy 0.Vdf Finally, please visit the following page for checklists and guides for each step of the BVP process: btt-ps://www.oip.gov/progam/bulletp oof-vest-partnership//-Dro gram -resources For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at vestsCglusdo'. oy or 1-877-758-3787. Thank you BVP Program Support Team Bureau of Justice Assistance This email was sent to wnewman@fayetteville-ar.gov using GovDelivery Communications Cloud on behalf of: Department of Justice • Washington, DC 10/22/2020 Jurisdiction's Handbook STATUS This "Status" page shows any pending actions that must be completed prior to program deadlines. It also provides you with payment(s) status for tracking your requests for approved funds. - Red !'s indicate your attention is needed in order to complete a task for action. CURRENT ACTIVITY STAFF Application ✓Approved by BVP View Details Fiscal Award ATTN Year Amount A A1L.1 r3LE AWARDS Total Total Paid Requests Eligible Expiration Balance Date 2018 $10,399.50 $10,399.50 $0.00 2019 $30,205.89 $22,122.65 $0.00 2020 $21,200.00 $0.00 $0.00 $0.00 11 /30/2020 $8,083.24 08/31/2021 $21,200.00 08/31 /2022 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 POLICE (200) 2020 Requestor: T. Tannehill BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establishing revenue and expense accounts for the 2020 Bulletproof Vest Partnership in the amount of $21,200 COUNCIL DATE: LEGISTAR FILE ID#: 11/17/2020 2020-0930 Hovy 3la-� 10/27/2020 10:19 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: 11/17/2020 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 21,200 21,200 v.20200820 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.200.2920-4309.01 - 21,200 37042 2020 RE Federal Grants - Operational 1010.200.2920-5210.00 21,200 - 37042 2020 EX Minor Equipment H:\Budget Adjustments\2020_Budget\City Council\1 1-17-2020\2020-0930 BA Police - 2020 BVP Grant 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0983 Agenda Date: 11/17/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 FAYETTEVILLE POLICE DEPARTMENT POLICIES: A RESOLUTION TO APPROVE FAYETTEVILLE POLICE DEPARTMENT POLICIES 1.2.3 BIAS BASED PROFILING PROHIBITED; 22.2.8 MILITARY ACTIVATIONS; AND 49.1.1 PEER TO PEER SUPPORT PROGRAM 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 Fayetteville Police Department policies 1.2.3 Bias Based Profiling Prohibited; 22.2.8 Military Activations; and 49.1.1 Peer to Peer Support Program. City of Fayetteville, Arkansas Page 1 Printed on 11/17/2020 City of Fayetteville Staff Review Form 2020-0983 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds, Chief of Police 10/30/2020 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Council approves a resolution adopting Fayetteville Police Policies 1.2.3, Bias Based Profiling Prohibited; 22.2.8, Military Activations; 49.1.1, Peer to Peer Support Program. 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: 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 NOVEMBER 17, 2020 TO: Mayor and City Council /&- 9f FROM: Mike Reynolds, Chief of Police DATE: October 30, 2020 SUBJECT: Police Department Policy CITY COUNCIL MEMO RECOMMENDATION: Council approves a resolution adopting Fayetteville Police Policies 1.2.3, Bias Based Profiling Prohibited; 22.2.8, Military Activations; 49.1.1, Peer to Peer Support Program. BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing policies and updating as necessary to make changes as recommended and to meet best practices. DISCUSSION: Fayetteville Police Policy 1.2.3, Bias Based Profiling Prohibited, is an existing policy that contains changes to meet new accreditation standards. Fayetteville Police Policy 22.2.8, Military Activations, is an existing policy that contains changes to reflect new accreditation standards and current city protocols. Fayetteville Police Policy 49.1.1, Peer to Peer Support Program, is a new policy that outlines a program to promote employee health and resiliency. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff at this time. Attachments: Fayetteville Police Policy 1.2.3, Bias Based Profiling Prohibited Fayetteville Police Policy 22.2.8, Military Activations Fayetteville Police Policy 49.1.1, Peer to Peer Support Program Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 1.2.3 Bias Based Profiling Prohibited Reference: Arkansas Act 1207 of 2003, 52.1.1, 26.1.1 Version: 5 CALEA: 1.2.9 No. Pages: 3 I. PURPOSE The purpose of this policy is to prohibit the act of bias based profiling and to reaffirm the department policy to perform all duties impartially, without favor or affection or ill will and to treat all citizens equally with courtesy, consideration and dignity. Bias based profiling, the selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group including but not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency, or any other identifiable characteristics or identifiable groups, is prohibited in all traffic contacts, field contacts, and in asset seizure and forfeiture efforts [CALEA 1.2.9 a.]. II. DISCUSSION This policy recognizes Arkansas Act 1207 of 2003 to prohibit racial profiling and further establishes a directive to prohibit the use of race, ethnicity, national origin, or religion in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches and seizures, and other law enforcement activities. III. POLICY All officers of the Fayetteville Police Department are directed to adhere to the guidelines contained within this policy pertaining to bias based profiling and "racial profiling" as defined by Arkansas Act 1207 of 2003. A. Definitions Bias Policing- The selection of an individual(s) for enforcement action based in whole or in part on a trait common to a group, without actionable intelligence to support consideration of that trait. This includes, but is not limited to, race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency, or any other identifiable characteristics or identifiable groups. 1.2.3 Bias Based Profiling Prohibited Page 1 of 3 Racial Profiling — A law enforcement action based on race, ethnicity, national origin or religion in selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Reasonable Suspicion — A standard based on facts or circumstances which alone do not give rise to probable cause to arrest, but which do give rise to a suspicion that has some relevant basis and is not pure conjecture. B. Prohibitions Officers are prohibited from relying on race, ethnic background, national origin, gender, sexual orientation/identity, religion, economic status, age, cultural group, immigration status, disability, housing status, occupation, language fluency, or any other identifiable characteristics or identifiable groups, to any degree, in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of police practices following the initial routine investigatory activity. Officers shall have reasonable suspicion or probable cause in compliance with the United States Constitution and Arkansas Rules of Criminal Procedures prior to stopping a pedestrian or motor vehicle, or engaging in detentions, searches, arrests, or other investigatory activities. IV. PROCEDURES A. Officers shall professionally and courteously identify themselves by full name and department, state the reason for the stop, and when possible, provide written identification. B. Officers shall receive a basic training course on racial and cultural sensitivity and annual training in operating procedures that prohibit bias policing. Annual training shall emphasize the prohibition against bias based profiling and racial profiling and will include profiling related training to include field contacts, traffic stops, search issues, asset seizure and forfeiture, interview techniques, cultural diversity, discrimination, and community support [CALEA 1.2.9 b.]. The course of instruction shall stress understanding and respect for racial, ethnic, national, religious, and cultural differences and development of effective and appropriate methods of carrying out law enforcement duties. Officers will also complete foreign language training with an emphasis in Spanish, when possible, in accordance with state law. C. Officers shall adhere to departmental policy regarding the use of mobile video/audio systems (General Order #22). D. Supervisors are responsible for ensuring that all personnel read and understand the policies and procedures prohibiting bias based profiling and racial profiling. 1. Supervisors will routinely monitor officers' daily activity reports and encourage officers to report violations of this policy to determine whether any officer is engaged in a pattern of racial profiling or bias policing. 1.2.3 Bias Based Profiling Prohibited Page 2 of 3 2. Supervisors will not retaliate against an officer or officers who report acts of bias based profiling or racial profiling. 3. Supervisors receiving a complaint of this nature will conduct a cursory investigation and forward any findings to the Chief of Police. If merited, the complaint will be forwarded to the Office of Professional Standards for further investigation. E. Internal or external complaints or allegations of racial profiling or bias -policing shall be assigned to the department's Office of Professional Standards for an investigation. Appropriate corrective action will be taken if a complaint is sustained. Corrective action may involve supervisor counseling, written record of oral reprimand, written reprimand, suspension, or dismissal as specifically covered by Policy 26.1.1 [CALEA 1.2.9 c.]. F. The supervisor of the Office of Professional Standards shall complete an annual administrative review of agency practices including citizen concerns. The review should take into account traffic contacts, field contacts, asset seizure and forfeiture efforts, the department's training, internal or external complaints and the corrective measures taken if any complaints are sustained [CALEA 1.2.9 d c.]. 1.2.3 Bias Based Profiling Prohibited Page 3 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date: Subject: 22.2.8 Military Activations Reference: 1.3.1, City of Fayetteville Military Leave Policy Version: 3 HR-24 CALEA: 22.2.8 22.1.9 No. Pages: 3 I. PURPOSE The purpose of this policy is to establish a plan for personnel with military activations exceeding 180 days for pre -deployment, deployment, and post -deployment. II. POLICY Situations involving military deployment orders can arise suddenly. The best practice is effective communication from the Fayetteville Police Department to the employee and his or her family prior to a deployment, during the deployment, and following a deployment. Having a strong point of contact throughout the deployment period will help ensure a seamless transition. To the extent possible, the deployed employee should be notified of agency news, significant events, and promotions or promotion opportunities. Rights, responsibilities, and minimum requirements are outlined in statutory law, most notably but not limited to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). III. DEFINITIONS A. Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)- a federal statute that protects service -members' and veterans' civilian employment rights. USERRA provides that returning service -members will be able to return to their jobs with their same pay, benefits, and status that they would have attained had they not been absent for military service. IV. PROCEDURES A. Department's Point of Contact [CALEA 22.1.9 a.] 1. The department's point of contact will be the Administrative Captain: a. The Administrative Captain will strive for effective communication between the police department and the deployed employee and will be allowed to utilize any resource available to accomplish this mission [CALEA 22.1.9 g.]. b. The Administrative Captain will ensure the deployed employee is periodically notified of agency news, significant events, and promotions [CALEA 22.1.9 g.]. 22.2.8 Military Activations Page l of 3 c. The Administrative Captain will track the department's promotional opportunities and notify the deployed employee of those promotional opportunities that are relevant to him / her. The Administrative Captain will keep the Fayetteville Police Department Administration and the city's Human Resources Division advised of such promotional opportunities affecting deployed members of the department to ensure promotional processes are compliant with fcdcral aild statc laws. [CALEA 22.1.9 g.]. B. City of Fayetteville Human Resources Point of Contact [CALEA 22.1.9 b.] 1. Employees eligible for paid military leave must request 120 hours for their military leave bank each year by completing the Military Leave Bank Annual Request Form located on the City of Fayetteville Intranet Site. The form must be returned to the Human Resources Benefits Administrator. 2. The City of Fayetteville Human Resources Division point of contact will be the Human Resources Benefits Administrator. A deployed employee may make contact with the Human Resources Benefits Administrator while on leave to obtain information, request assistance, or to have questions answered [CALEA 22.1.9 g.]. C. Processing Prior to Military Deployment [CALEA 22.1.9 c.] 1. A regular department member, who is a member of the National Guard or reserves of the United States Armed Forces, who is deployed for the purpose of entering any branch of the United States Armed Forces for a period exceeding 180 days shall be placed in military active duty status and granted a leave of absence. a. Reasonable advance notice of impending military leave should be provided by the employee and a copy of the orders should be submitted to the Administrative Captain through the employee's chain of command. The Administrative Captain will ensure a copy of the orders will be given to the Human Resources Division. b. Employees must comply with the City of Fayetteville's Military Leave Policy. c. If available, the employee should provide the Administrative Captain with the name and contact information for the employee's military commanding officer for situations where communication may become difficult. The employee should also provide email addresses, additional phone numbers, addresses, and reaffirm contacts remaining stateside [CALEA 22.1.9 g.]. d. The employee will have an exit interview prior to deployment with the Chief of Police or his/her designee, if the timing of the deployment permits [CALEA 22.1.9 c.]. D. Storage of Agency Owned Equipment During Deployment [CALEA 22.1.9 d.] 1. If an opportunity is provided, the employee shall meet with his / her supervisor to determine storage of agency owned equipment during the deployment. The supervisor will forward the information upward through the chain of command. a. If the employee has other items or assigned resources that for the benefit of the department need to be temporarily reassigned, the supervisor will identify such items with the employee and reassign such items after consulting with his/her chain of command. 22.2.8 Military Activations Page 2 of 3 b. The employee may also provide additional items to the department through his/her supervisor that the employee wants to be safely secured at the department during the deployment. E. Processing Upon Return from Deployment [CALEA 22.1.9 e.] 1. It shall be recognized that members returning from military deployment, particularly those having been involved in combat operations, may have specialized needs. a. Traditional Employee Assistance Programs (EAP) may not sufficiently meet the needs of returning military members/police officers. b. The department shall consider all locally available and feasible resources to meet the returning employee's needs. c. The returning employee will be provided access to the Human Resources Benefit Administrator. d. The returning employee will have a return interview with the Chief of Police or his / her designee. F. Initial and/or Refresher Training, Weapons Requalification, and Steps for Reintegration as Appropriate [CALEA 22.1.9 £] 1. As stated in Policy 1.3.1, any officer returning to duty after an absence exceeding three months shall report to the Training Division for refresher weapons training and successfully complete a CLEST approved qualification course prior to being permitted to return to full duty. 2. On a case by case basis and depending on the employee's time away from department during the deployment, the Training Coordinator shall determine the training needs of the returning employee and establish a plan to provide the training to him/her. Documentation of the training will be kept in the employee's training file. 3. The Chief of Police or designee may decide to assign a field training officer to the returning employee after prolonged deployments. The Training Coordinator will provide a written reintegration training plan on each returning employee after a review of relative information including assignment and time away from the department. The assigned field training officer will evaluate the returning employee's performance to correspond with the Training Coordinator's reintegration plan. The Training Coordinator will communicate progress to the Chief of Police through the chain of command. After the returning employee has successfully completed the reintegration plan, the employee will return to regular duty. Documentation of the training will be kept in the employee's training file. 22.2.8 Military Activations Page 3 of 3 FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 49.1.1 Peer to Peer Support Program Effective Date: Reference: FPD 1.3 A 52.1.1, GO 21 Version: 1 CALEA: No. Pages: 4 I. PURPOSE The purpose of the Peer to Peer Support Program (PPSP) is to provide all Fayetteville Police Department (FPD) employees the opportunity to receive emotional and tangible support through times of personal or professional crisis and to help anticipate and address potential difficulties. The FPD will continue to pursue the newest and most innovative knowledge, research, and understanding to ensure the best possible outcome for employees serving the community of Fayetteville. II. DEFINITIONS A. Critical Incident: Any situation faced by FPD personnel that causes them to experience unusually strong emotional or physical reactions which have the potential to interfere with their ability to function during or after the incident. A critical incident may be different from one individual to another. B. Critical Incident Stress: The severe or accumulative psychological stress or trauma an employee may experience during and/or following a critical incident. The stress or trauma is an abnormally strong emotional, cognitive, or physical reaction that has the potential to interfere with normal function(s) to include: 1. Physical and emotional illness; 2. Failure of usual coping mechanisms; and 3. Loss of the ability to function. C. Peer Support Event: Any debriefing, defusing, or counseling session conducted by a certified peer support member that involves the emotional or moral support of an FPD employee who needs emotional or moral support as a result of job -related stress or an incident in which the employee was involved while acting in his or her official capacity. D. Critical Stress Debriefing: Is a supportive, crisis -focused discussion of a traumatic event. It is used exclusively for small groups who have encountered a powerful traumatic event. It aims at reduction of distress and a restoration of group cohesion and unit performance. A debriefing will be led by the PPSP team member/s, the Chaplain or an equally trained organization selected by the Chief of Police. Peer to Peer Support Program Policy I of 4 E. Critical Stress Defusing: A peer -driven group process integrating crisis intervention strategies. Defusing is a shortened version of a debriefing and takes place immediately or relatively soon after a critical incident. F. Peer Support Team Member: A volunteer member of the FPD Peer Support Team authorized by the Chief of Police or his/her designee. This member provides mental health intervention services to agency personnel with required and approved training in critical incident stress management. III. POLICY A. Confidentiality 1. Statement of Confidentiality: All information and correspondence pertaining to issues defined under Arkansas Code Annotated § 16-40-106, shall remain confidential within the peer to peer support program. PPSP team members who violate the confidentiality rule are subject to dismissal from the group and/or disciplinary action. a. Strict confidentiality shall be maintained between peer to peer support personnel and the employee. Nothing discussed between the participants shall be divulged to any third party without express consent of the employee. However, peer to peer personnel are required to report the following circumstances to the PPSP supervisor. The PPSP supervisor shall ensure the following information is reported through the chain of command: (1) When there is an indication that an employee presents a clear and present danger to himself or others; (2) Employees who have been involved in a violation of law that would result in disciplinary action; and (3) Disclosures of domestic violence, child or elder abuse. b. The PPSP supervisor will provide reports to the chain of command by reporting on number of contacts, hours worked and number of referrals. This will ensure to maintain strict confidentiality. B. Peer to Peer Support Operation 1. The FPD PPSP is designed to assist employees with stress management, crisis management, depression, burn -out, suicide prevention, along with any other unforeseen complications that may arise in the law enforcement profession. The PPSP will aid employees in areas of developing healthy habits, wellness outreach initiatives, and education -based training. 2. The PPSP is unable to aid employees with grievance resolutions, complaints, reassignment requests, or respite from a history of poor decision -making or pattern of a deliberate performance issue. 3. The PPSP is not intended to be used as a disciplinary tool, nor is it a means to avoid discipline where such action is appropriate. This policy does not supersede any department directive governing discipline. The idea behind this program is to assist employees in developing strategies to instill better coping mechanisms and healthier and more productive lifestyles, and to enhance the performance of their careers. 4. This policy does not alleviate the responsibilities of all employees to report acts of misconduct as outlined in FPD Policies, Procedures, and Rules. C. Requests for Peer to Peer Services Peer to Peer Support Program Policy 2 of 4 1. The PPSP is an available resource for all employees who need assistance to overcome obstacles in their professional or personal life. The ultimate goal for each employee participating in a PPSP is to maintain a productive lifestyle, instill better coping mechanisms, and enhance performance during their careers. 2. Department employees may voluntarily seek the assistance of qualified peer support personnel. 3. Department employees can contact the peer support hotline 24 hours a day. a. A PPSP team member will be assigned on -call status and will be responsible for answering the hotline when on -call. b. The peer support hotline number will be placed on bulletin boards, common areas, maintained in dispatch and with supervisors so the number is easily accessible for all employees. c. It is the responsibility of the PPSP team member to reconcile their work time through the City's timekeeping software. 4. The PPSP team supervisor will ensure proper follow-up contacts are made with employees seeking peer support. 5. Department supervisors can request peer support for an employee through the PPSP team supervisor. The employee must be displaying at least one of the following: d. Uncharacteristic or repeated citizen complaints; e. Abrupt changes in an employee's responses or behavior such as excessive tardiness, absenteeism, abnormal impatience, irritability or aggressiveness; f. Irrational or bizarre thoughts or actions; g. Erratic mood swings; h. Indications of alcohol or drug abuse; i. Other indications of self-destructive behavior; or j. Any other incident that causes abnormally strong emotional reactions or feelings for the employee. 6. Referral to the PPSP does not constitute mandatory participation on the part of the employee. This program is voluntary and solely at the discretion of the employee in question. D. Selection of Team Members 1. The selection process of team members will follow the same protocol for other specialized assignment as outlined in FPD Policy 41.1.1 (Patrol). 2. Other selection criteria include, but are not limited to: a. Be a full-time member of the department; b. Be recommended for the PPSP by a supervisor; c. Be recommended for the PPSP by a co-worker; d. Have at least three years of experience at the FPD; e. Past disciplinary actions will be taken into consideration; and f. Agree to maintain confidentiality within the guidelines provided. IV. TRAINING A. Training PPSP Team Members 1. Personnel must successfully complete prescribed peer support training prior to actual involvement in the peer to peer support program. Peer to Peer Support Program Policy 3 of 4 2. PPSP team members will attend training approved by the Chief of Police or his/her designee. Training will meet the basic requirements from Arkansas Code Annotated § 16-40-106. B. The PPSP will work in conjunction with the Training Division and/or City of Fayetteville Human Resources Division to develop health, wellness, and resiliency programs for all FPD employees. C. New employees will receive an orientation on FPD's health, wellness, and resiliency programs within one year of employment. Peer to Peer Support Program Policy 4 of 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0935 Agenda Date: 11/17/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 ADVANCED INFORMATION MANAGEMENT (AIM): A RESOLUTION TO AUTHORIZE THE DESTRUCTION OF CERTAIN RECORDS SHOWN ON THE ATTACHED AFFIDAVITS PURSUANT TO RELEVANT SECTIONS OF THE ARKANSAS CODE RELATED TO MAINTENANCE AND DESTRUCTION OF ACCOUNTING AND OTHER CITY RECORDS WHEREAS, the Arkansas Code establishes the amount of time that the City is required to maintain accounting, court and other records and also provides a procedure for the destruction of records not required to be maintained permanently if the records to be destroyed have been microfilmed or scanned into the City's server or have been maintained for the amount of time required by state law. 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 Fayetteville City Clerk -Treasurer's Office to destroy the paper copies of certain accounting and other City records identified in the affidavits attached to this Resolution pursuant to the Arkansas Code relating to the maintenance and destruction of records. City of Fayetteville, Arkansas Page 1 Printed on 11/17/2020 Gina Roberts Submitted By City of Fayetteville Staff Review Form 2020-0935 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/26/2020 CITY CLERK (051) Submitted Date Division / Department Action Recommendation: A RESOLUTION AUTHORIZING ADVANCED INFORMATION MANAGEMENT (AIM) TO DESTROY CITY RECORDS. THE RECORDS HAVE BEEN MICROFILMED, SCANNED OR HAVE BEEN MAINTAINED FOR THE REQUIRED LENGTH OF TIME Budget Impact: 1010.051.1510-5315.00 Account Number Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: General Fund Project Title $ 2,500.00 $ 26.85 $ 2,473.15 $ 1,725.00 748.15 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS w MEETING OF NOVEMBER 17, 2020 TO: Mayor and City Council THRU: Kara Paxton FROM: Gina Roberts, Document Manager DATE: October 22, 2020 CITY COUNCIL MEMO SUBJECT: Advanced Information Management (AIM), Destruction of Records RECOMMENDATION: Staff recommends the destruction of records. All records recommended for destruction have been microfilmed or scanned and maintained for the required length of time. Attached is a listing of records that are ready for destruction. Attachments: List of documents to be destroyed Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AFFIDAVIT OF DESTRUCTION OF CITY OF FAYETTEVILLE RECORDS STATE OF ARKANSAS ) ) SS: COUNTY OF WASHINGTON ) I, Gina Roberts, Document Manager for the City of Fayetteville, do hereby certify that the records listed as Exhibit "A" have been retained for the required number of years. I further certify the following: 1. That the documents listed in Exhibit "A" attached hereto and made a part hereof are being destroyed by the City of Fayetteville as authorized by Fayetteville City Council Resolution No. adopted on the day of , 2. These records have been maintained according to State statute and the Retention Schedule for the City of Fayetteville. 3. The method of destroying said documents was shredding. Gina Roberts, Document Manager City Council Member, Witness Subscribed and Sworn to me, a Notary Public, this day of , Notary Public My Commission Expires: SEAL 2020 DOCUMENTS TO BE SHRED WITH COUNCIL APPROVAL DOCUMENTS DEPARTMENT SCANNED HELD # BOXES 1999-2012 W/S MONTHLY BOND STMS ACCOUNTING YES 1 2000 PAYROLL TIME SHEETS #10-18 ACCOUNTING YES 1 2006 PAYROLL TIME SHEETS #1-#7 ACCOUNTING YES 1 1995-2004 HMR FILES (CLOSED) ACCOUNTING YES 1 1999 HMR FILES A-FR ACCOUNTING YES 1 PRIOR TO 2001 HMR FILES ACCOUNTING YES 1 2002 HMR FILES ACCOUNTING YES 1 2003 HMR FILES (CLOSED) ACCOUNTING YES 1 2005 HMR FILES A-F BOX 1 ACCOUNTING YES 1 2006 HMR FILES 12/2005-11/2006 ACCOUNTING YES 1 2007 HMR FILES 12/2006-11/2007 ACCOUNTING YES 2 1997-1999 CONTRACT 603-685 ACCOUNTING YES 1 2004-06 CONTRACTS 796-1017 ACCOUNTING YES 1 2004-06 CONTRACTS 1019-1052 ACCOUNTING YES 1 2007-2008 CONTRACTS 2000-2055 ACCOUNTING YES 1 2008-2013 CONTRACTS 2061-2296 ACCOUNTING YES 1 2008 CASHIER BALANCE REPORT, FEB 2009 CASH REGISTER & DEC 2002 W/S INVENTORY, 2005 JAN CASH DEPOSIT REGISTER & DAILY CASH POSTING REGISTER JULY 2008 (SCANNED) 2002 & 2003 A/R PAYMENT EDIT LISTING A/P REGISTER 1/09-12/09 A/P POSTING (UTILITY REFUND) JAN-DEC A/R REGISITER 1/98 TO 12/98 1/10 TO 7/10 A/P CASH PAYMENT JOURNAL & NOV 2009 CASH PAYMENT JOURNAL 2009 CASH RECEIPT REGISTER JAN & MAR 2010-2014 CONTRACTS 917-2322 2011 A/P-CARDS & BACK-UP AUGUST 2011 CASH SHEETS JAN-DEC 2014-2016 CONTRAT 2297-2402 2017 TRAVEL & TRAINING A-Z 2018 TRAVEL & TRAINING A-Z DUPLICATE COPIES OF W/S & HMR BOND DOC ACCOUNTING ACCOUNTING ACCOUNTING ACCOUNTING ACCOUNTING ACCOUNTING SCANNED HELD # BOXES NO HELD 2 NO HELD 2 NO HELD 1 NO HELD 1 MICROFILMED HELD 1 NO HELD 1 ACCOUNTING NO HELD 1 ACCOUNTING YES 1 ACCOUNTING YES 1 ACCOUNTING YES 4 ACCOUNTING YES 1 ACCOUNTING YES 2 ACCOUNTING YES 2 ACCOUNTING YES 2 DOCUMENTS DEPARTMENT SCANNED HELD # BOXES 1997-1999 C. VENABLE, F. HANNA, OFF ST PARKING ADMINISTRATION YES 1 1990-2008 FILES (HANNA & COODY) ADMINISTRATION YES 1 1999-2007 IN -OUT CORRES BEN MAYES ADMINISTRATION YES 1 1990-1992 OLD CITY MGRS BLUE NOTE COPIES ADMINISTRATION NO 1 1993-2002 PLANNER CALENDAR BOOKS ADMINISTRATION NO HELD 1 1994-2000 RESEARCH & TECH PARK ADMINISTRATION YES 1 1995-2006 WHITE RIVER-WSIP ADMINISTRATION YES 1 1999 MAYORS OFFICE PHONE LOGS ADMINISTRATION NO HELD 1 2000-2002 MESSAGE CALL LOGS-L. BROYLES, ADMINISTRATION NO HELD 1 P. HENSON, K. SWANNER 1975-2002 OLD AIRPORT REPUBLIC PARKING FILES AIRPORT YES 1 1975-2009 OLD AIRPORT CORRESPONDENCE AIRPORT YES 1 1989 A/R & A/P AIRPORT FILES AIRPORT MICROFILMED 1 1994 PAID INVOICES (COPIES) AIRPORT YES 1 1997-2000 PASSENGER FACILITY CHARGE (PFC) AIRPORT NO HELD 1 2014 AV FUEL DATA SHEETS (COPIES) AIRPORT NO HELD 1 2015 AV FUEL DATA SHEETS (COPIES) AIRPORT NO HELD 1 2016,2017 & 2018 DAILY CLOSEOUTS AIRPORT YES 5 2016 A/R PAID INVOICES (COPIES) AIRPORT YES 1 DOCUMENTS DEPARTMENT SCANNED HELD # BOXES 2001 BUDGET WORKPAPERS BUDGET NO HELD 4 STREET INSPECTION FILES OCT 2002 A-0 BUILDING SAFETY YES 1 2014 CITY CLERK CONTRACTS CITY CLERK YES 1 2015 CITY CLERK CONTRACTS CITY CLERK YES 1 1994-2000 HOME FUNDING FILES COMMUNITY RESOURCES YES 1 FLYERS FOR HOT CHECK PROGRAM DISTRICT COURT NO 1 OLD DISPOSED BONDS MEN FILES DISTRICT COURT IN SYSTEM HELD 1 1992 WARRANTS DISTRICT COURT IN SYSTEM HELD 1 1993 PURGED WARRENTS DISTRICT COURT IN SYSTEM HELD 1 1995 PURGED WARRENTS DISTRICT COURT IN SYSTEM HELD 1 DELEATED WARRANTS 97-5218 TO 97-9390 DISTRICT COURT IN SYSTEM HELD 1 1997 THRU 2007 CIVIL CASES SETTLED DISTRICT COURT IN SYSTEM HELD 18 1999-2002 CRIMINAL REFUND CHECKS DISTRICT COURT IN SYSTEM HELD 1 2000 DIST COURT CLERK FILES & APPEALS 95-2000 DISTRICT COURT IN SYSTEM HELD 2 2001 CIVIL CASES NOT SETTLED DISTRICT COURT IN SYSTEM HELD 1 2001-2002 PURGED WARRANTS A-Z DISTRICT COURT IN SYSTEM HELD 3 2003-2006 DISTR COURT CLERKS FILES IN OUT CORR DISTRICT COURT IN SYSTEM HELD 4 2004-2006 COUNTY CORRESPOINDENCE DISTRICT COURT IN SYSTEM HELD 1 2005 COURT INFORMATION SHEET A-Z DISTRICT COURT IN SYSTEM HELD 2 DOCUMENTS DEPARTMENT SCANNED HELD # BOXES 3006 CRIMINAL FILES — LETTERS JAN-DEC DISTRICT COURT IN SYSTEM HELD 1 2005 CRIMINAL FILES M-R DISTRICT COURT IN SYSTEM HELD 1 2006 CRIMINAL FILES A-Z DISTRICT COURT IN SYSTEM HELD 2 2007 CRIMINAL FILES M-T DISTRICT COURT IN SYSTEM HELD 2 DUPLICATE COPIES OF PERSONNEL FILES FIRE DEPT YES 1 1995-2013 FIRE DEPT & PUBLIC WORKS FIRE DEPT YES 1 1992-98 FIRE DEPT COPIES OF PAYROLL FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2003 FIRE DEPT COPIES OF PAYROLL FIRE DEPT NO 2(All of the Fire Dept Files have been scanned with Accounting Files) 2005 FIRE DEPT COPIES OF PAYROLL 1-26 FIRE DEPT NO 2 (All of the Fire Dept Files have been scanned with Accounting Files) 2006 FIRE DEPT COPIES OF PAYROLL 14-26 FIRE DEPT NO 1 (All of the Fire Dept Files have been scanned with Accounting Files) 2006 FIRE DEPT COPIES OF PAYROLL 1-13 FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2007 FIRE DEPT COPIES OF PAYROLL 1-16 FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2007 FIRE DEPT COPIES OF PAYROLL 17-26 FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2008 FIRE DEPT COPIES OF PAYROLL 1-13 FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) DOCUMENTS DEPARTMENT SCANNED HELD # BOXES 2008 FIRE DEPT COPIES OF PAYROLL 14-26 FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2009 FIRE DEPT COPIES OF PAYROLL 1-2 FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2009 FIRE DEPT COPIES OF PAYROLL 24-27 FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2010 FIRE DEPT COPIES OF PAYROLL 1-26 FIRE DEPT NO 2(All of the Fire Dept Files have been scanned with Accounting Files) 2001-2003 FIRE DEPT COPIES OF VENDOR FILES FIRE DEPT NO 2(All of the Fire Dept Files have been scanned with Accounting Files) 2004-2005 FIRE DEPT COPIES OF VENDOR FILES FIRE DEPT NO 2(All of the Fire Dept Files have been scanned with Accounting Files) 2006 FIRE DEPT COPIES OF VENDOR FILES FIRE DEPT NO 2(All of the Fire Dept Files have been scanned with Accounting Files) 2007 FIRE DEPT COPIES OF VENDOR FILES FIRE DEPT NO 2(All of the Fire Dept Files have been scanned with Accounting Files) 2008 FIRE DEPT COPIES OF VENDOR FILES FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2009 FIRE DEPT COPIES OF VENDOR FILES FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) 2010 FIRE DEPT COPIES OF VENDOR FILES FIRE DEPT NO 1(All of the Fire Dept Files have been scanned with Accounting Files) DOCUMENTS DEPARTMENT SCANNED HELD # BOXES 2006-2009 TRAVEL AND TRAINING EXPENSES FIRE DEPT Files have been scanned with Accounting Files) 2013-2014 P-CARD COPIES OF RECEIPTS FIRE DEPT Files have been scanned with Accounting Files) 2009, 2010 & 2011 COPIES OF FUEL RECEIPTS FIRE DEPT Files have been scanned with Accounting Files) MAY/1998-DEC/1998 QUARTLY REPORTS FLEET 1999 TERMINATED EMPLOYEE FILES HR 2000 TERMINATED EMPLOYEE FILES HR 1992-2002 EXEMPT & NON- EXEMPT TABLE OF PAY & HR 2002-03 ACCIDENT LOG FROM SAFETY COMMITTEE 1997-1999 OLD POSITION & INTERVIEWS HR 1990-1991 WORKERS COMP HR 2000-2005 WORKERS COMP HR 2001-2005 FMLA, MEDICAL, CAT LEAVE FILES HR 2000-2011 DOT, NON -DOT & SAFETY COM FILES HR 2002 BC/BS BILLING FOR DELTA DENTAL & LIFE HR 2004-05 BC/BS BILLING FOR DELTA DENTAL & LIFE HR been Scanned with Accounting Files) 1997-2000 FIRE APPLIC & 1994-2000 NO 1(All of the Fire Dept NO 1 (All of the Fire Dept NO 3 (All of the Fire Dept NO HELD 1 YES 2 YES 2 YES 1 YES 1 YES 1 YES 1 YES 2 YES 1 YES 1 YES 1(All of the these have POLCIE ENTRY LEVEL APPLIC PROM TESTING 1999 W/S PHYSICAL INVENTORY 2000 & 2001 PHYSICAL INVENTORY SHOP, PUR, W/S 2000 RECONCILED & ADJUSTMENT INVENTORY 2001 INVENTORY TRANSACTIONS 2001 & 02 DEPRECIATION INVEN & SHOP PHY INVEN 2001 FIXED ASSEST CHARGES & W/S PHY INVEN 2001 & 2002 WAREHOUSE INVENTORY ADJUST & 2001 & 2003 INVENTORY RECONCILIATION 12/00 -6/01 INVENTORY COST REPORT, 2002 INVENTORY WORK SHEET-500-900 W/S OCT 2003 INVENTORY & PHYSICAL INVENTORY 10/03 TO 12/03 2006 WAREHOUSE INVENTORY 1/1899-5/31/98 PURGED TICKET PD STATUS NEW TICKETS POSTED & VOID & PAID TICKETS & NEW TICKETS POSTED 1/01-4/01 & 8/01-10/01 SCANNED HELD # BOXES HR NO HELD 1 INTERNAL AUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 2 INTERNAL AUDITOR NO HELD 2 INTERNAL AUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 1 INTERNALAUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 1 INTERNAL AUDITOR NO HELD 1 PARKING ENFORCEMENT NO HELD 1 PARKING ENFORCEMENT NO HELD 1 1997 & 1998 HANG TAG INVENTORY, PARKING ENFORCEMENT 1996 SUMMONS,1995-98 RECONCILATIONS 1996-1997 TICKETS, VOIDS & NOTICES POSTED 2001 QUARTERLY BILLING PARKING LOTS PARKING ENFORCEMENT 2001-POSTED PAYMENTS & TICKETS PARKING ENFORCEMENT 2002 -POSTED PAYMENTS & TICKETS 1/02 -4/02 PARKING ENFORCEMENT NOTICES FOR OVERDUE PARKING TICKETS JAN 2002 PARKING ENFORCEMENT TO NOV 2003 & JAN 2004 TO MAR 2005 & PARKING TICKETS POSTED & VOIDED 5/03 TO 8/03 NOTICES (OVERDUE PARKING TICKETS 5/05 TO 5/06 PARKING ENFORCEMENT 2003 POSTED PAYM & 8 MONTHS POSTED TICKETS & PARKING ENFORCEMENT NOV&DEC 2002 POSTED & VOID TICKETS & JUL -SEP 2009 POSTED & VOID TICKETS POSTED & VOID TICKETS 5/05 TO 12/05 PARKING ENFORCEMENT PAID PARKING TICKETS POSTED 1/05 TO 12/05 & PARKING ENFORCEMENT PARKING TICKETS POSTED & VOID 7/06 TO 9/06 POSTED & VOID TICKETS 1/07 TO 3/07 & 4/08-06/08 PARKING ENFORCEMENT 2004-2006 PARKING TICKET REGISTER PARKING ENFORCEMENT NEW TICKETS POSTED & VOIDS 4/06-6/06 10-06-12/06 PARKING ENFORCEMENT SCANNED HELD # BOXES NO HELD 1 MICROFILMED 1 MICROFILMED 1 MICROFILMED 1 NO HELD 1 NO HELD 1 NO HELD 1 NO HELD 1 NO HELD 1 NO HELD 1 NO HELDS 13 NO HELD 1 POSTED PAYMENT 2006, INVOICES 2000 OUTSTANDING TICKETS PRIOR 1988 (MICROFILMED) & PURGED TICKETS PD STATUS THRU 5/31/1998 NEW TICKETS POSTED & VOIDS 4/09- 6/09 & NOTICES SENT; TICKETS POSTED 1/07-6/07 & TICKETS PAYMENT POSTED 1/07-12/07 2006 PURCHASE ORDERS 06-1300-06-1973 2011 PURCHASE ORDERS 11-001 THRU 11-399 2011 PURCHASE ORDERS 11-400-11-539 & C/ORD 2005 RFP 05-17 & RFQ 05-19 2007 RFP-07-10, 07-13, 07-14, 07-17, 07-18 2013 RFP & RFQ 1301 TO 13-18 2013 PURCHASE ORDERS 13-001-13-537 2014 PURCHASE ORDERS 14-001-14-515 2015 PURCHASE ORDER 15-001-15-439 2015 PURCHASE ORDERS 15-490-15-547 & C/ORD 2016 PURCHASE ORDERS 16-001-16-391 2002 RFP & RFQ 02-11 TO 02-22 2003 BIDS 03-47-03-60,03-62 & 64 &03-78 2010 RFP & RFQ 03,06,08 & 09 2013 BIDS 13-01-13-33 PARKING ENFORCEMENT NO HELD 1 PARKING ENFORCEMENT NO HELD 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 PURCHASING YES 1 DOCUMENTS DEPARTMENT SCANNED HELD # BOXES 2013 BIDS 26,30,34,44,46-52,54,55, & 56 PURCHASING YES 1 2014 BIDS #14 TO #45 PURCHASING YES 1 2014 BIDS #46 TO 64 PURCHASING YES 1 2014 RFP & RF 14-03 TO 14-10 PURCHASING YES 1 2014 RFP-14-11 NEW ERP SYSTEM PURCHASING YES 1 2015 RFP & RFQ 15-02-15-15,15-23 &51 PURCHASING YES 1 2015 RFQ 15-01 PURCHASING YES 1 2015 BIDS 15-01 TO 15-31 PURCHASING YES 2 2015 BIDS 15-31 TO 15-45 PURCHASING YES 1 2015 BIDS 15-46 TO 15-66 PURCHASING YES 1 2016 BID FILES & SUBMITTALS PURCHASING YES 2 2016 BIDS 16-01 TO 16-35 PURCHASING YES 1 2016 RFP 16-07 & 08 PURCHASING YES 1 2017 RFQ 17-01 & SUBMITTALS PURCHASING YES 1 2017 RFQ & RFQ 17-11 TO 17-17 PURCHASING YES 1 2017 BIDS 17-01- 17-35 PURCHASING YES 1 2017 BIDS 17-32 -17-51 PURCHASING YES 1 2017-BIDS 17-42 TO 17-56 PURCHASING YES 1 2009 LOAD TICKET/MULCH TICKETS 1990-1995 PUBLIC WORK DEPT CORRES FILES 1/98 THRU 1/99 SHOP/FLEET WORKORDERS 2018 VEH, OFFICE&FACILITY INSPECTIONS 1997 PAYMENT REGISTER 2001 UTILITIES REFUNDS JAN-DEC 2004 UTILITY REFUNDS 1/5 TO 12/31 2005 BANK DRAFT REGISTERS JAN-SEP 2005 DEPOSIT REGISTER, 4/05-7/05 REFUND DEPOSIT REGISTER & CASH RECEIPT REGISTER 2006-2006 UPDATED METER READS FROM PC 2008 DAILY CASH POSTINGS -AUGUST & CASH REGISTERS MAY THRU JULY OCT 2010 & APR 2009 CASH SHEET REGISTER 2016-2019 UTILITIES APPLICATIONS 1999 W/S WORK ORDERS (WATER) A-R 2001 W/S WORK ORDERS (WATER) A-S 2001 W/S WORK ORDERS (WATER)T-Z 2001 W/S WORK ORDERS (SEWER) A-L SOLID WASTE TRANSPORTATION TRANSPORTATION TRANSPORTATION UTILITIES FINANCIAL UTILITIES FINANCIAL UTILITIES FINANCIAL UTILITIES FINANCIAL UTILITIES FINANCIAL UTILITIES FINANCIAL UTILITIES FINANCIAL SCANNED HELD # BOXES NO YES YES YES NO YES YES NO NO NO NO HELD 9 1 1 1 HELD 1 2 2 HELD 2 HELD 1 HELD 3 HELD 1 UTILITIES FINANCIAL NO HELD 1 UTILITIES FINANCIAL YES 19 WATER & SEWER YES 1 WATER & SEWER YES 1 WATER & SEWER YES 1 WATER & SEWER YES 1 nnCUMFNTS 2004 W/S WORK ORDERS (SEWER) A-L 2004 W/S WORK ORDERS (WATER) A-W 2003-06 -VALUE ENGINEERING STUDY (WSIP-DESIGN WORKSHOP) DFPARTMFNT WATER & SEWER WATER & SEWER WATER & SEWER SCANNED YES YES YES HELD # BOXES AFFIDAVIT OF DESTRUCTION OF FAYETTEVILLE DISTRICT COURT RECORDS I, Dena Stockalper, do hereby certify that the following records of the Fayetteville District Court, have been retained for at least three (3) years as specified under Ark. Code Ann. 16-10-211 and have been audited as required by law. The records listed below, covering the time period stated, are to be destroyed by shredding said records. TYPE OF RECORD Receipts and Deposit Records Deposits Records Payroll records Police Tickets books Purged warrants Misc. Clerk files Distribution reports Alternative service/Community Service sheets Receipts and disbursement journals Misc. reports Time payment records Citations books Miscellaneous fee and fine report TIME PERIOD 1/1/2010 - 12/31/2016 1/1/2010—12/31/2016 1/1/2010 - 12/31/2016 1/1/2010 - 12/31/2016 1/1/2010 - 12/31/2016 1/l/2010 - 12/31/2016 1/l/2010 - 12/31/2016 1 / 1 /2010 - 12/31/2016 1/l/2010 - 12/31/2016 1/l/2010 - 12/31/2016 1/l/2010 - 12/31/2016 1/l/2010 - 12/31/2016 1/1/2010 - 12/31/2016 � 7 Dena Stockalper Chief ert' r Judge William Storey r City Council Members +�;k• JAIME WHITE _ MY COMMISSION # 12696904 EXPIRES: August 19, 2026 Washington County AFFIDAVIT OF DESTRUCTION OF FAYETTEVILLE DISTRICT COURT RECORDS I, Dena Stockalper, do hereby certify that the following records of the Fayetteville District Court, have been retained for at least ten (7) years as specified under Ark. Code Ann. 16-10-211 and have been audited as required by law. The records listed below, covering the time period stated, are to be destroyed by shredding said records. TYPE OF RECORD Settled Small Claims and Civil Files Show cause orders Arrest reports and affidavits TIME PERIOD l/l/2008 - 12/31/2012 l/l/2008 - 12/31/2012 l/l/2008 - 12/31/2012 Dena Stockalper, Chi f lerk Judge William Storey City Council Members Yml"ibed and S to e diis day of , 2020. or- otarybiic :.: ""Q MYCOMW! ';-: .. s¢ 1i3��r 10/16/2020 Arkansas Code § 16-10-211 (2019) - Record Retention Schedule :: 2019 Arkansas Code :: US Codes and Statutes :: US Law :: Justia Laws & Legal Resources. Go to previous versions of this Section 2o19 Arkansas Code Title 16 - Practice, Procedure, and Courts Subtitle 2 Courts and Court Officers Chapter 10 - General Provisions Subchapter 2 - Accounting Practices § 16-10-2n. Record Retention Schedule Jniversal Citation: AR Code § 16-10-211 (2019) a) All towns, cities, and counties of the State of Arkansas shall maintain records for the district courts tnd are to: (1) Permanently maintain: (A) Case indices for all district courts; (B) Case dockets for all district courts; (C) Active warrants; (D) Waivers; (E) Expungement and sealed records; (F) Files concerning convictions under the Omnibus DWI or BWI Act, § 5-65-101 et seq.; and (G) Domestic battering files; (2) Maintain for a period of at least seven (7) years and in no event dispose of before being audited: ttps://Iaw.justia.com/codes/arkansas/2019/title-16/subtitle-2/chapter-10/subchapter-2/section-16-10-211/ 1/3 10/16/2020 Arkansas Code § 16-10-211 (2019) - Record Retention Schedule :: 2019 Arkansas Code :: US Codes and Statutes :: US Law:: Justia (A) Complete case files and written exhibits for all district courts, not including civil or small claims division cases in which the judgment is not satisfied; (B) Show cause orders; (C) Case information, including arrest reports and affidavits; and (D) Files concerning cases resulting in a suspended imposition of sentence; and (3) Maintain for a period of at least three (3) years and in no event dispose of before being audited: (A) Bank reconciliations; (B) Check book registers and check listings; (C) Cancelled checks; (D) Bank statements; (E) Receipts; (F) Deposit collection records; (G) Receipts listings; (H) Distribution reports; (I) Receipt and disbursement journals; (J) Time payment records; (K) Citation book logs; (L) Citation books from each police department and sheriffs office; (M) Served, recalled, or quashed arrest warrants; (N) Copies of citations; (0) Alternative service or community service time sheets; (P) Uniform filing fees collection remittance forms and fine reports; (Q) Miscellaneous fee and fine collection reports; and (R) Served or unexecuted search warrants. https://Iaw.justia.com/codes/arkansas/2019/title-16/subtitle-2/cliapter-10/subchapter-2/section-16-10-211/ 2/3 10/16/2020 Arkansas Code § 16-10-211 (2019) - Record Retention Schedule :: 2019 Arkansas Code :: US Codes and Statutes :: US Law :: Justia (b) After a town, city, or county has maintained records for the time periods required by subdivision (a) (2) or subdivision (a)(3) of this section and after the records described in subdivision (a)(2) or subdivision (a)(3) of this section have been audited, the records may be destroyed. (c) When records are destroyed under subsection (b) of this section, the town, city, or county shall document the destruction by the following procedure: (1) An affidavit is to be prepared stating: (A) Which records are being destroyed and to which period of time the records apply; and (B) The method of destruction; and (2) The affidavit is to be signed by the town, city, or county employee performing the destruction and one (i) employee of the governing body or, if applicable, governing bodies that contribute to the expenses of the court. ;d) In addition to the procedure described in subsection (c) of this section, the approval of the governing Body or, if applicable, governing bodies that contribute to the expenses of the court shall be obtained Before the destruction of district court records and an appropriate note of the approval indicated in the ninutes of the governing body or bodies along with the destruction affidavit. Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. dVe make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on :his site or the information linked to on the state site. Please check official sources. tips://Iaw.justia.com/codes/arkansas/2019/title-16/subtitle-2/chapter-10/subchapter-2/section-16-10-211 / 3/3 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0938 Agenda Date: 11/17/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.6 MOHAWK RESOURCES LTD: File Type: Resolution A RESOLUTION TO APPROVE THE PURCHASE OF A TRUCK LIFT FROM MOHAWK RESOURCES LTD IN THE AMOUNT OF $37,488.86 PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, FOR USE BY THE FLEET OPERATIONS DIVISION 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 purchase of a truck lift from Mohawk Resources LTD of Amsterdam, New York in the amount of $37,488.86 plus any applicable taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, for use by the Fleet Operations Division. City of Fayetteville, Arkansas Page 1 Printed on 11/17/2020 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2020-0938 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/23/2020 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of a 20,000-pound truck lift for the Sourcewell price of $37,488.86 through Mohawk Lifts of Amsterdam, NY. Budget Impact: 9700.770.1910-5801.00 Shop Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget $ 169,782.00 Funds Obligated $ - Current Balance 169,782.00 Does item have a cost? Yes Item Cost $ 37,488.86 Budget Adjustment Attached? No Budget Adjustment Remaining Budget 132,293.14 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 17, 2020 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation FROM: Sara Glenn, Fleet Operations Superintendent DATE: October 23, 2020 SUBJECT: Purchase of a Truck Lift for the Fleet Shop CITY COUNCIL MEMO RECOMMENDATION: Council approve the purchase of a 20,000-pound truck lift for the Sourcewell price of $37,488.86 through Mohawk Lifts of Amsterdam, NY. BACKGROUND: Fleet currently has a truck lift that is rated for 15,000-pounds. This lift is utilized in the bay of our technician that is responsible for the 150 light -medium duty trucks. Over the years these types of vehicles have slowly gotten heavier, especially when utility bodies are included. DISCUSSION: Fleet's current lift is no longer safe to lift many of light -medium duty trucks and have a technician work underneath it. The only other option is to move to the large parallelogram, which is often being used for the heavy trucks. This is causing wait times for technicians and longer down times for vehicles. Providing the 20,000-pound lift will relieve any kind of wait or back up for the large lift and it will be safer. This new lift includes a weight gauge to ensure the vehicle is not over the limit prior to it being lifted. Fleet values the hard work and skills of our technicians, we want to ensure their safety and upgrading to this lift is one way we can do that. BUDGET/STAFF IMPACT: Fleet has ample funds for this purchase due to the decision to wait on different item. Attachments: Sourcewell Quote from Mohawk Lifts Example photo of current lift Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 fr�'MOHAWK GIFTS Vendor: MOHAWK RESOURCES LTD 65 Vrooman Ave, PO Box 110 Amsterdam, NY 12010 Phone: 800-833-2006 Fax:518-842-1289 Contact: Zach Perlstein x 1600 Email: zach@mohawklifts.com BILL TO Winston McGowan City of Fayetteville Fleet Operations 113 W Mountain Rd., Fayetteville AR 72701 479-444-3496 lwmcgowan@fayetteville-ar.gov QUOTATION Quote No: F'VILLE(TP20-AR) Quote Date: 10/21/2020 Good Through 12/20/2020 Sourcewell Contract # 013020-M RL 04/14/2020 - 04/13/2024 SHIP TO Winston McGowan City of Fayetteville Fleet Operations 113 W Mountain Rd., Fayetteville AR 72701 479-444-3496 lwmcgowan@fayetteville-ar.gov Shipping Method Shipping Terms Lead Time Payment Terms Best Way FOB Destination, Freight Prepaid 10-14 Weeks ARCO* Net 30 Part Number Description Qty List Price Purchase Price Total 020-020-000 TP-20 - 20,0001b Cap 2-Post - 3 Stage Arms 1 $ 39,275.00 $ 33,118.35 $ 33,118.35 Installation Installation 1 $ 2,625.00 $ 2,625.00 $ 2,625.00 020-011-015 In -Floor Hydraulic Lines (Stainless Steel), TP-20 1 $ 895.00 $ 754.70 $ 754.70 601-440-019 Weight Indicating Pressure Gauge (TP-20, TP-26, TP-30) 4" Diameter 1 $ 175.00 $ 147.57 $ 147.57 009-030-043 Two Post Swing Arm Head Guard (Set of 4) n/c $ 40.00 $ 33.73 No Charge ZZ1035-A-005 Lift Pad - Rubber - Adjustable Screw Type - 8" to 11-1/8" Adj. Riser (LC12/LMF / TP16 / TP18 / TP20) 4 $ 250.00 $ 210.81 $ 843.24 *After Receipt of Completed Order - When applicable, includes signed quote, data sheets and receipt of required payment SUBTOTAL Sales Tax (if applicable) NOTES: Credit Card Fee** TOTAL $ 37,488.86 $ 37,488.86 Click here for Mohawk Resources Federal Form W-9: www.mohawklifts.com/Mohawk-W9 This quotation is subject to the terms and conditions noted on the following page FINANCING OPTIONS j 24 mo 36 mo 48 mo 60 mo j j $1,682.72 $1,148.81 $888.86 $733.32 j j FIRST YEAR SECTION 179 TAX DEDUCTION** ($13,121.10) j j COST AFTER SECTION 179 TAX SAVINGS $ 24,367.76 j **Assumes 35%Tax Rate I This example was provided to Mohawk Lifts by GreatAmerica Financial Services ("GreatAmerica"), to whom we regularly refer certain customers interested in financing purchases from us. Actual financing terms and arrangements are proposed by GreatAmerica at the time of credit application. Mohawk does not participate in the credit application or credit decision process, which is solely between our customer and GreatAmerica. Mohawk does not have any ownership interest in Great America and Mohawk does not receive any referral fees or other compensation from GreatAmerica. Our referral to jGreatAmerica is solely as a convenience to our customers interested in financing purchases from Mohawk. It is not a condition of this transaction that the customer finance its purchase or finance with j GreatAmerica. L-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—- — - — - — I TERMS AND CONDITIONS This order is subject to the General Terms and Conditions of Sale and Warranties found at www.mohawklifts.com/terms and www.mohawklifts.com/warranty Terms and Conditions of this signed quote/proposal to govern Transaction until such time as said Contract is executed between Mohawk Resources Ltd and Suffolk. Delivery and Installation ➢A fork truck must be supplied at the offload site to unload the equipment from the freight carriers' trailer and if applicable for the installation. ➢The Customer is responsible for inspecting all Products at the time of delivery and before signing the delivery receipt, freight bill, or bill of lading. Should the customer determine at the time of delivery that any items are damaged or missing the Customer must note the item, discrepancy, or condition on the delivery receipt, freight bill, or bill of lading. Mohawk is not responsible for missing or damaged products when the Customer has signed the delivery receipt, freight bill, or bill of lading in good condition. ➢Quoted installation does not include electrical hook-up or any concrete work which may be required. Electrical and any concrete work that may be required must be preformed prior to installer's appointment date. ➢Quoted Installation does not include any unforeseen circumstances such as plumbing, electrical, in floor heat, rebar, steel structures, drain, or drain slopes in the existing floor. Installation price is subject to change if the lift is unable to be installed at the time of scheduled appointment, if the shop condition is not ready for installation (lack of adequate concrete, no electrical service, etc), or any other condition which would require additional return trips by the installer. ➢Price does not include Sales tax (unless applicable), duties, brokerage, or any other fees. ➢Any and all permits, licenses, fees, etc. are the Customers' responsibility PAYMENT Payment for your equipment, including installation, is due with order or prior to shipping. Payment can be made by certified check or wire transfer. **VISA or MasterCard accepted for orders less than $18,000.00. A 3.25% processing fee will apply. Signature: Will accept PO in place of signature Name (printed): Phone: Acknowledged and Accepted by: Date: Title: Email: To place your order, please return a signed copy of the quote to: MOHAWK RESOURCES LTD. PO Box 110, Amsterdam, NY 12010 Email orders@mohawklifts.com or Fax 518-842-1289 BUY ONCE. BUY RIGHT. BUY MOHAWK! Below is an example of Fleet's current lift attempting to lift a truck for the technician to service it. As you can see, the lift is over its weight limit and struggling to lift the truck. sue. _e-;• ,;.l:�C City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0916 Agenda Date: 11/17/2020 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.7 BID #20-82 SECOND NATURE LANDSCAPES, INC.: A RESOLUTION TO AWARD BID #20-82 AND AUTHORIZE A CONTRACT WITH SECOND NATURE LANDSCAPES, INC. IN THE AMOUNT OF $134,397.50 FOR THE INSTALLATION AND MAINTENANCE OF TREES ALONG RUPPLE ROAD AND OLD WIRE ROAD, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $13,000.00, 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 awards Bid #20-82 and authorizes Mayor Jordan to sign a contract with Second Nature Landscapes, Inc., a copy of which is attached to this Resolution, in the amount of $134,397.50 for the installation and maintenance of trees along Rupple Road and Old Wire Road, and further approves a project contingency in the amount of $13,000.00. 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 11/17/2020 City of Fayetteville Staff Review Form 2020-0916 Legistar File ID 11/17/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Paul Libertini 10/27/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to award Bid #20-82 and authorize a contract with SECOND NATURE LANDSCAPES, INC. in the amount of $134,397.50 for the installation of trees along Rupple Road and Old Wire Road, to approve a project contingency in the amount of $13,000.00, and to approve a Budget Adjustment. 4470.800.8835-5809.00 Account Number 06035.4400 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: Sales Tax Capital Improvements Fund Tree Planting (Rupple/Old Wire) Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 200,000.00 200,000.00 $ 134,397.00 $ 238,094.00 303,697.00 V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 17, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Paul Libertini, Staff Engineer DATE: October 27, 2020 CITY COUNCIL MEMO SUBJECT: Approval of a Resolution to award Bid #20-82 and authorize a contract with Second Nature Landscapes, Inc. in the amount of $134,397.50 for the installation of trees along Rupple Road and Old Wire Road, to approve a project contingency in the amount of $13,000.00, and to approve a Budget Adjustment. RECOMMENDATION: Approval of a Resolution to award Bid #20-82 and authorize a contract with Second Nature Landscapes, Inc. in the amount of $134,397.50 for the installation of trees along Rupple Road and Old Wire Road, to approve a project contingency in the amount of $13,000.00, and to approve a Budget Adjustment. BACKGROUND: This construction project calls for the installation of approximately 214 trees with the associated mulching along with areas of wildflower mix to create completed planting areas along three (3) separate sections City streets, as follows: Rupple Road (Owl Creek School to Wedington Drive), Rupple Road (Starry Night View to Mt. Comfort Road), and Old Wire Road (Ash Street to Gulley Park). DISCUSSION: The bid opening was held on October 21st at 2:00 p.m. The City received 2 bids and staff recommends awarding the contract to the lowest bidder, Second Nature Landscapes, Inc. (See attached bid tabs). The contract time is 75 days for final completion. BUDGET/STAFF IMPACT: The cost of planting street trees will be funded from escrow funds deposited by Property Owners and from the Sales Tax Capital Improvement fund. Attachments: Signed Agreement (Doc 00500) & Vicinity Maps Appendix A, Bid #20-82 — City Bid Package Appendix B, Bid #20-82 - Bid Submittal — Second Nature Landscapes Appendix C, Bid #20-82 — Recommendation for Award Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DOCUMENT 00500 — AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: RUPPLE ROAD & OLD WIRE ROAD TREE PLANTING Bid No.: 20-82, Construction THIS AGREEMENT is dated as of the day of in the year 2020 by and between The City of Fayetteville, Arkansas and Second Nature Landscapes, Inc. (hereinafter called Contractor). ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Contract includes, but is not limited to: Installation of approximately 214 trees with the associated mulching along with areas of wildflower mix to create completed planting areas along three (3) separate sections City streets, as follows: Rupple Road (Owl Creek School to Wedington Drive), Rupple Road (Starry Night View to Mt. Comfort Road), and Old Wire Road (Ash Street to Gulley Park). Refer to Section 00400-Bid Form for a complete list of quantities. Contractor is responsible for obtaining all applicable permits; however, fees for the City issued permits shall be waived. ARTICLE 2 - ENGINEER 2.01 The Contract Documents have been prepared by the City of Fayetteville Engineering Division. City of Fayetteville Engineering Division assumes all duties and responsibilities, and has the rights and authority assigned to City of Fayetteville Engineering Division in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 00500 Agreement 00500-1 DOCUMENT 00500 — AGREEMENT (continued) ARTICLE 3 - CONTRACT TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work shall be Substantially Completed within 45 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment in accordance with the GENERAL CONDITIONS within 75 calendar days after the date when the Contract Times commence to run. 3.03 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Two Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified above in Paragraph 3.02 for Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.02 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Two 00500 Agreement 00500-2 DOCUMENT 00500 — AGREEMENT (continued) Hundred Fifty Dollars ($250.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the 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. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the General Conditions. 4.03 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. There shall be no changes without prior written approval of the Engineer of Record and/or the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-3 DOCUMENT 00500 — AGREEMENT (continued) 5.02 PROGRESS PAYMENTS, RETAINAGE: A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. 00500 Agreement 00500-4 DOCUMENT 00500 — AGREEMENT (continued) 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: (1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and (2) Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated 00500 Agreement 00500-5 DOCUMENT 00500 — AGREEMENT (continued) in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. 00500 Agreement 00500-6 DOCUMENT 00500 — AGREEMENT (continued) J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in table of contents of Project Manual. 00500 Agreement 00500-7 DOCUMENT 00500 — AGREEMENT (continued) 7. Three sets of drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general titles: • STREET TREE PLANTING PLAN FOR RUPPLE ROAD from Owl Creek School to Wedington Drive • STREET TREE PLANTING PLAN FOR RUPPLE ROAD from Starry Night View to Mt. Comfort Road • OLD WIRE ROAD PROTECTED BIKE LANE & SIDEWALK PROJECT from Ash Street to Gulley Park. 8. Addenda numbers inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.02 ASSIGNMENT OF CONTRACT: A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the 00500 Agreement 00500-8