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HomeMy WebLinkAbout2021-11-30 - Agendas - FinalRm�� CITY OF IiFAYETTEVILLE ARKANSAS MEETING AGENDA City Council Transportation Committee Tuesday, November 30, 2021 5:30 pm or Immediately Following Agenda Session NOTICE: THE TRANSPORTATION COMMITTEE WILL BE HELD VIRTUALLY WITH NO PHYSICAL LOCATION TO ATTEND VIDEO CONFERENCING BY ZOOM WILL BE USED FOR THIS MEETING. TO REGISTER FOR THE MEETING GO TO THIS Registration Link Members: Sarah Bunch; Sonia Gutierrez; Holly Hertzberg City Staff: Chris Brown, Public Works Director/City Engineer; Terry Gulley, Asst. PW Director for Operations/Transportation Services Director Agenda: 1. New Business: A. ELECTION OF A CHAIRPERSON: Election of a Committee Chairperson to serve through the end of 2021. B. PORTER ROAD -RENAMING TO STEPHEN CARR MEMORIAL BOULEVARD: Review of a proposal to rename a portion of Porter Road to Stephen Carr Memorial Blvd. in honor of Officer Stephen Carr. C. COLLEGE AVENUE AND SCHOOL AVENUE DESIGN CONTRACT: Review of a proposed contract with Garver, LLC for design services on College Avenue and School Avenue for implementation of the Hwy71 B plan for School Avenue, MLK to 15th Street, and College Avenue, North Street to Poplar Street. (Staff requests a recommendation from the Committee to the City Council for this item.) D. MILLSAP RD AND COLLEGE AVENUE: Review of conceptual design for intersection improvements at College Avenue and Millsap Road. E. PARKING EQUIPMENT PURCHASE AND SERVICE CONTRACTS FOR PARKING MANAGEMENT: Review of contracts for purchase of equipment and for services related to operation and management of the Downtown and Dickson Street Parking systems. (Staff requests a recommendation from the Committee to the City Council for this item.) F. TRAFFIC CALMING PROJECTS: Review of traffic calming requests, and staff recommendations for installation at various locations. Detailed information to be provided at the Committee meeting. 2. Adjourn Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Matt Casey Submitted By City of Fayetteville Staff Review Form 2021-0872 Legistar File ID 12/7/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/1/2021 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of Contract Amendment #1 in the amount of $976,235.00 with Garver, LLC for design of the School/College Avenue Corridor Improvements, per RFQ 20-01, selection #3 and approval of a budget adjustment. Budget Impact: 4602.860.7221-5860.02 Streets Projects 2019 Bonds Account Number Fund 46020.7221.1020 Hwy 71B Corridor, North to Township Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 28,837,464.00 $ 12,906,584.80 $ 15,930,879.20 $ 976,235.00 $ 14,954,644.20 V20210527 Purchase Order Number: 2020-607 Previous Ordinance or Resolution # 180-20 Change Order Number: 1 Original Contract Number: 2020-53 Comments: Approval Date: 7/7/2020 —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 7, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director CITY COUNCIL MEMO FROM: Matt Casey, Engineering Design Manager DATE: November 1, 2021 SUBJECT: Approval of Contract Amendment #1 in the amount of $976,235.00 with Garver, LLC for design of the School/College Avenue Corridor Improvements, per RFQ 20-01, selection #3 and approval of a budget adjustment. RECOMMENDATION: Staff recommends approval of Contract Amendment #1 in the amount of $976,235.00 with Garver, LLC. to provide professional services for the design of the School/College Avenue Corridor Improvements Project and approval of a budget adjustment. BACKGROUND: The School Avenue and College Avenue Corridors serve as the major north -south route through the central part of the City and are major commercial and retail destination. Maintaining and improving the corridors will allow them to continue to serve mobility needs, and to continue to develop/redevelop as commercial corridors. Improvements to these corridors will include striping, widening and/or narrowing of the roadway, utility relocation (including burial of overhead utilities), sidewalk/trail installation, accommodations for transit systems, elimination or reconfiguration of driveways, additional traffic signals, medians, plazas, art installations, lighting, wayfinding, protected intersections, parking, and other corridor improvements to be identified in the design process. The starting point for corridor designs is the 71 B Corridor Plan recently completed by RDG Planning. Goals and aspirations of the Plan will be implemented to the greatest extent possible through the limits of the project segments selected for design and construction, which include College Ave. between North Street and Township Street, and School Ave. between Martin Luther King Jr. Blvd. and Cato Springs Road. On July 7, 2020, the City Council approved a contract with Garver, LLC for the programming phase of this project. The programming phase included meetings with stakeholders and city staff to review the plan goals and make decisions about how and where to include project elements identified in the 71 B Plan. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: On August 10, 2021, the findings of the programming phase were presented to the Transportation Committee with recommendations for more detailed designs. The committee recommended approval of the presentation and requested that Engineering staff and Garver develop a scope of work for the design. Staff has worked with Garver to develop a scope that will include detailed design for College Avenue between North Street and Township Street and School Avenue between 15t" Street and MILK Jr. Boulevard. Garver has provided a fee in the amount of $976,235.00 for this additional work. The contract will be paid based on hourly rates for work completed, up to the total contract amount. BUDGET/STAFF IMPACT: The design for this project will be paid for with the funds from the 2019 Transportation Bond Fund under the 71 B Corridor Project. The original contract with Garver for this project was $224,350.00. With this contract amendment, the new total for the project design is $1,200,585.00. The original allocation in Phase 1 of the Transportation Bond Program was $500,000. Attachments: Garver, LLC - Engineering Agreement Budget Adjustment CARVER AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES CITY OF FAYETTEVILLE Fayetteville, Arkansas Project No. 20T21050 CONTRACT AMENDMENT NO. This Contract Amendment No. 1, effective on the date last written below, shall amend the original contract between the City of Fayetteville (Owner) and GARVER, LLC (GARVER), dated July 7, 2020 referred to in the following paragraphs as the original contract. This Contract Amendment No. 1 adds professional design services for the: Improvements to School Avenue from MILK Jr. Boulevard to 15t" Street and College Avenue from North Street to Township Street. In General, Amendment No. 1 adds surveying, environmental services, design of the improvements as documented in the 2021 Programming Document, and bidding to the previous agreement that only contained the Programming Phase. More specifically, the original contract is hereby modified as follows: APPENDIX A — SCOPE OF SERVICES All items contained in the attached Amendment No. 1 Appendix A shall be added to the project Scope of Services. APPENDIX B — PROJECT FEE SPREADSHEETS The attached hourly rates, summary sheet, and fee spreadsheets shall be added to Appendix B as included in the original agreement. The Amendment No. 1 shall increase the maximum -not -to -exceed amount a sum of $976,235 from $224,350 to $1,200,585. Contract Amendment No. 1 1 of 2 School/College Avenue Corridor Improvements Garver Project No. 20T21050 CARVER 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. IN WITNESS WHEREOF, Owner and GARVER have executed this Amendment effective as of the date last written below. CITY OF FAYETTEVILLE By: Signature Name: Printed Name Title: Date: Attest: GARVER, LLC By: �2aL5� Signature Name: Ronald S. Petrie Printed Name Title: Sr. Project Manager Date: 11 /9/2021 Attest: D Qllx� Contract Amendment No. 1 2 of 2 School/College Avenue Corridor Improvements Garver Project No. 20T21050 AMENDMENT NO. 1 APPENDIX A — SCOPE OF SERVICES General Generally, the scope of services for Amendment No. 1 includes surveying, environmental, design, preparation of property acquisition documents, and bidding services for improvements to School Avenue between MLK, Jr. Boulevard and 151" Street and College Avenue between North Street and Township Street. Improvements will consist primarily of enhancements to pedestrian & bicycle infrastructure, landscaping, signalization, drainage improvements as necessary, watershed BMPs, utility relocations, and access control improvements for 1.82 miles of the School/College Avenue corridor and the portion of Poplar Street from College Avenue to Green Acres Road. Improvements to the corridor will be consistent with the items identified in the 2021 School & College Avenues Programming document. A maximum of three (3) separate project plans will be developed for the improvements as described above. One (1) set of the project plans being prepared will utilize state/federal funds. Surveys 2.1. Design Surveys Garver will utilize the previously performed LIDAR survey for designing the project. The LIDAR survey included sufficient topography for modeling the existing ground, buildings & other structures, streets, trees, visible utilities, and parking lots. Garver will conduct additional field surveys along the project site as appropriate for locating underground utilities marked by their owners and/or representatives and any other pertinent drainage infrastructure that may be present at and/or along the project site. For the portion of the project between North Street and Township Street, Garver will utilize a survey provided by the City for the field location of utilities. Garver will establish control points for use during construction. 2.2. Property Surveys Garver will locate existing monumentation representing right of way and/or easements based on record data which will be provided by an abstractor under a subconsultant agreement with Garver for the portion of the project between North Street and Green Acres Road. For the remaining portion of the project, Garver will utilize City data and as -built plans to establish the existing right-of-way. 3. Geotechnical Services Geotechnical is not anticipated for the completion of the project and not included in this scope of services. 4. Coordination Garver will furnish plans to all known utility owners potentially affected by the project at preliminary & final stages of development. Garver will conduct individual coordination meetings as necessary among all known affected utility owners to enable them to coordinate efforts for any necessary utility relocations including the possibility of placing overhead utilities underground. Garver will include the surveyed locations of the observable and marked utilities in the construction plans. Garver will also include proposed and/or relocated utility information in the construction plans as provided by the utility companies. Appendix A - Scope of Services 1 of 7 20T21050 School/College Ave. Corridor Improvements — Amendment 1 Garver will furnish both preliminary and final plans to the following agencies depending on the specific project regulatory requirements: ARDOT, ADEQ, COE, USFWS, and Department of Arkansas Heritage for their review and comment In addition to the coordination meetings with the City and other regulatory agencies, the following public meetings will be prepared for and attended: • Two (2) public involvement meetings • Two (2) Transportation Committee meetings • One (1) Active Transportation Committee meeting • One (1) Arts Council meeting • Individual Stakeholder meetings as necessary 5. Environmental Services 5.1. Environmental Services Garver will prepare a small site construction Stormwater Pollution Prevention Plan (SWPPP) in accordance with DEQ standards for each of the three projects defined in this scope of services. Construction site notices of coverage for the three projects will be obtained. Preparation of the SWPPP includes reviews, addressing comments, and refinement of the SWPPP design sheets produced by the engineer to meet DEQ standard requirements for site plans. A Short -Term Activity Authorization (STAA) is required by DEQ for any project that might cause a violation of Arkansas water quality standards. Garver will complete the STAA request, which includes crossing location(s), point of contact, acreage of disturbance, schedule, and work to be performed. Garver will coordinate the issuance of a STAA with DEQ for one stream crossing. Garver will pay the required fee, which is $150 per stream crossing and seek reimbursement from the Client. Garver will perform wetland delineations for the portion of the project between North Street and Green Acres Road and also the area for the Nationwide Permit. Garver will work with the US Army Corps of Engineers to obtain a Section 404 Nationwide permit(s) for projects defined in this scope of services that require such permitting. An Individual permit and mitigation planning are not anticipated. 5.2. Environmental Services (Federal/State Funded Project Only) Preliminary environmental data associated with the proposed project area will be collected to assess impacts to the social, economic, and natural environments. Data related to the following impact areas should be included: 1. Air Quality 2. Cultural Resources 3. Economic 4. Endangered Species 5. Environmental Justice/Title VI 6. Fish and Wildlife 7. Floodplains 8. Forest Service Property 9. Hazardous Materials/Landfills 10. Land Use 11. Migratory Birds 12. Navigation/Coast Guard 13. Noise Levels 14. Prime Farmland 15. Protected Waters Appendix A - Scope of Services 2 of 7 20T21050 School/College Ave. Corridor Improvements — Amendment 1 16. Public Recreation Lands 17. Public Water Supply/WHPA 18. Relocatees 19. Section 4(f)/6(f) 20. Social 21. Underground Storage Tanks 22. Visual 23. Streams 24. Water Quality 25. Wetlands 26. Wildlife Refuges Preliminary environmental data collection is part of the initial scope of work's justification of costs and fees. 5.2.1. Environmental Constraints Map 1. All environmental data collected will be transferred to appropriately scaled aerial photographs and/or overlaid on the design plans to produce a map that indicates all known environmentally sensitive areas and other constraints prior to submittal of 30% plans. The approved map will be the basis for avoidance and minimization of environmental impacts during the design process and notations on the plans for restraining conditions on the Contractor, in accordance with Section 107.10 of the Standard Specifications for Highway Construction. Contract Special Provisions will be developed as necessary to provide protection for environmentally sensitive areas or features and to provide guidance to the Contractor. 2. Constraints Mapping shall include an on -site survey level of site reconnaissance to verify desktop -collected data. A Constraints Memo shall be developed that summarizes the results of mapping and data collection, and shall include avoidance recommendations. 5.2.2. Special Studies and Agency Coordination 1. Conduct a wetland delineation including GPS mapping of potentially jurisdictional aquatic features within the study area. 2. Conduct a Phase I Cultural Resources Survey including archaeological and historic resources. If any additional analyses or data collection are needed beyond a Phase I Cultural Resources survey, this service will be added through a supplemental agreement. 3. A Request for Technical Assistance (RTA) regarding buildings and structures 45 years or older that need to be included in the Constraints Mapping will be submitted to the Arkansas Department of Parks, Heritage, and Tourism (ADPHT) with the results of the Phase I Cultural Resources Survey. Any buildings or structures listed in the National Register of Historic Places (NRHP) or determined eligible for listing through SHPO review of the RTA will be displayed on the constraints maps. 4. Agency coordination shall include the US Army Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), Arkansas Division of Environmental Quality (DEQ), ADPHT, Arkansas Department of Health (ADH), and City of Conway staff. 5. Prepare and submit Tribal consultation letters to ARDOT and FHWA for consultation with the appropriate Tribes. 6. Hazardous materials database review. 5.2.3. Location and/or Desian Alternatives 1. Review conceptual design of all location and/or design alternatives, which will include but not be limited to major drainage structures and construction techniques. Development of the alternatives shall include early and continuous coordination with the design team, Appendix A - Scope of Services 3 of 7 20T21050 School/College Ave. Corridor Improvements — Amendment 1 Client, and appropriate resource agencies, if necessary. Electronic copies of the design shall be furnished to the Client in Bentley MicroStation "DGN" format. One alternative will be described in the Categorical Exclusion. 2. The Consultant shall work to avoid and/or minimize environmental impacts, as appropriate. If impacts cannot be avoided, then the impacts shall be minimized. Mitigation for impacts should occur as a last option. 3. Reasonable and feasible alternatives shall be submitted for review by the Client and a determination will be made as it pertains to impacts consistent with a Categorical Exclusion. 5.2.4. Environmental Public Involvement 1. Coordinate with the Client and ARDOT on timing of the virtual meeting or in -person meeting. 2. Prepare public involvement virtual displays and website creation for review by the Client and ARDOT. 3. All coordination necessary for a virtual public meeting including: a. Publishing the virtual public meeting website and meeting materials. b. Publish and pay for public notices and including newspaper display adds. c. Provide Spanish translation for the virtual public meeting website and outreach materials. 4. Prepare a synopsis of the public meeting; review and respond to public comments as needed; and submit Title VI report. 5.2.5. Environmental Document 1. Prepare a Tier 3 Categorical Exclusion (CE) that will meet ARDOT and Federal Highway Administration (FHWA) standards in accordance with the National Environmental Policy Act (NEPA). 2. Submit draft environmental documents in electronic format, submitting the document in Word and pdf forms for review by the Client and ARDOT. 3. Perform alterations necessary to respond to comments made in the Client and ARDOT reviews. 4. Submit final drafts to the Client, then ARDOT for FHWA review/approval. 5. An electronic copy of the approved environmental document in pdf form will be provided to the Client. 5.2.6. Construction Plan Review, Special Provisions, and Permitting 1. Coordinate and obtain appropriate federal and state permits and clearances (Section 106, Section 404, Section 401, STAA, Section 7, etc.) necessary for environmental clearance and to construct the proposed project in compliance design procedures. 2. Prepare special provisions related to environmental commitments and protection. 3. If an Individual Section 404 permit and mitigation planning is required, these services can be performed under a supplemental agreement. 4. Prepare and complete coordination with DEQ regarding approval of a construction stormwater pollution prevention plan. (NOTE: Close coordination should be maintained with the Environmental Division to ensure that all aspects of the environmental process meet the Department approval. This includes approval of deliverables and dates of delivery for each task). Appendix A - Scope of Services 4 of 7 20T21050 School/College Ave. Corridor Improvements — Amendment 1 6. Landscape Architecture and Lighting Garver will subcontract with RDG Planning & Design for Landscape Architecture and Lighting design. The specific scope for these services is included in the attached scope of services provided by RDG Planning & Design. These items shall be made a part of these Appendix A Scope of Services. 7. Conceptual Design The conceptual design phase submittal will include three separate construction plan sets. Plan sets will include typical sections, street plan & profiles, sidewalk/trail layouts, adjacent parking lot adjustments, drainage improvements, pavement markings, signal pole layouts, overhead utility relocation route alternative exhibit and an opinion of probable construction cost. A drainage study will be performed for the College Avenue portion of the project to determine improvements to meet current City standards. A drainage report will be prepared that summarizes the calculations and needed improvements. This conceptual submittal will be for the purpose of coordinating the proposed improvements with the City and the utility companies and developing an order of magnitude cost estimate for the project. Garver will incorporate comments from the Owner in the Preliminary Design. Garver will proceed with Preliminary Design after the Conceptual Design is approved by the Owner in writing. 8. Preliminary Design Upon receiving written approval from City on Conceptual Design, Garver will begin Preliminary Design. In addition to the specific items listed in the Conceptual Design, the Preliminary Design phase submittal will include the layout for any necessary retaining walls. In addition, an opinion of probable construction cost will be submitted with the Preliminary Phase submittal. The preliminary design phase will represent approximately 60 percent of final construction contract plans. This submittal will not include technical specifications or "front end" contract documents. Garver will incorporate comments from the Owner on the Preliminary Design in the Final Design. Garver will proceed with Final Design after the Preliminary Design is approved by the Owner in writing. 8.1. School Avenue Signal modifications and wheelchair ramp improvements at the existing School Avenue intersection at MLK, Jr. Intersection will include pedestrian signals for the west and south approaches and wheelchair ramp updates on all corners. At the Razorback Greenway, modifications to the existing HAWK signal include replacing one mast arm pole to accommodate lane shifts. Standard details and a plan sheet showing the solar powered RRFB near 11th Street will be provided. 8.2. College Avenue North of Green Acres Road A new traffic signal and wheelchair ramp improvements will be designed at the College Avenue at Poplar Street intersection. Pedestrian crossings with RRFB will be designed along College Avenue at the relocated Green Acres Road intersection. 8.3. College Avenue South of Green Acres Road Signalization and wheelchair ramp improvements as needed at the existing College Avenue signalized intersections at Evelyn Hills entrance (Memorial) and Sycamore Street. Pedestrian crossing with RRFB will be designed along College Avenue at the southern VA Hospital entrance. Appendix A - Scope of Services 5 of 7 20T21050 School/College Ave. Corridor Improvements — Amendment 1 9. Final Design Once Garver receives written approval from Owner on Preliminary Design, Garver will begin Final Design. During the final design phase of the project, Garver will conduct final designs to prepare construction plans and specifications, for three construction contracts, including final construction details and quantities, special provisions, and opinion of probable construction cost. Garver will also make any needed plan changes as a result of the final field inspection and/or special easement acquisition considerations, and prepare the construction documents as required to advertise for bids. Garver will also prepare, submit, and coordinate approval of three separate Stormwater Pollution Prevention Plans (SWPPP) with ADEQ. 10. Property Acquisition Documents Property acquisition document preparation is currently excluded from the scope of services and may be added at a later date once the level of effort has been determined based on the design. 11. Bidding Services During the bidding phase of the project, Garver will perform the following for a maximum of three (3) separate projects to be bid under this agreement: A. Prepare and submit Advertisement for Bids for publication as directed by the Owner. Owner will pay advertising costs outside of this contract. B. Support the contract documents by preparing addenda as appropriate. C. Participate in three (3) pre -bid meetings if necessary. D. Attend the bid openings. E. Prepare bid tabulations. F. Evaluate bids and recommend award. G. Prepare construction contracts. 12. Construction Phase Services Construction Phase services are currently excluded from the scope of services but may be added at a future date by amendment. 13. Project Deliverables The following will be submitted to the Owner, or others as indicated, by Garver: A. Digital copy of the Environmental NEPA Document. B. Public Involvement Exhibits. C. Digital copy of the Conceptual Designs with opinion of probable construction cost. D. Digital copy of the College Avenue Drainage Report E. Digital copy of the Preliminary Designs with opinion of probable construction cost. F. Digital copy of the Preliminary Plans to each potentially affected utility company. G. Digital copy of the Final Design with opinion of probable construction cost. H. Three hard copies of the revised Final Design with opinion of probable construction cost. I. Digital copy of the revised Final Plans to each potentially affected utility company. J. Three hard copies of the Final Plans and Specifications to the Contractor. K. Digital copies of the right-of-way and/or easement acquisition documents. L. Electronic files as requested. 14. Extra Work The following items are not included under this agreement but will be considered as extra work: Appendix A - Scope of Services 6 of 7 20T21050 School/College Ave. Corridor Improvements — Amendment 1 A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. Geotechnical Services including pavement design. D. ARDOT Survey/Drawings. E. Design of any utilities relocation other than for minor water and sewer adjustments. F. Design of a new Sublett Creek Crossing of College Avenue. G. Construction phase services. H. Environmental Handling and Documentation beyond what is specified in the scope of services. I. Development of a HEC-RAS and HEC-HMS models for Sublett Creek. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. 15. Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below: Phase Description Calendar Days Surveys — Utilities and Property 75 days from Notice to Proceed NEPA Documentation (Project portion 150 days from Notice to Proceed with State/Federal Funds only) Conceptual Design 120 days from Notice to Proceed Preliminary Design 90 days from approval of Conceptual Design Final Design 60 days from approval of Preliminary Design Property Acquisition Documents 60 days from approval of Final Design Appendix A - Scope of Services 7 of 7 20T21050 School/College Ave. Corridor Improvements — Amendment 1 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements Garver Hourly Rate Schedule: July 2021 - June 2022 Classification Rates Engineers / Architects E-1.............................................................................. $ 114.00 E-2.............................................................................. $ 132.00 E-3.............................................................................. $ 160.00 E-4.............................................................................. $ 187.00 E-5.............................................................................. $ 228.00 E-6.............................................................................. $ 280.00 E-7.............................................................................. $ 373.00 Planners / Environmental Specialist P-1.............................................................................. $ 137.00 P-2.............................................................................. $ 172.00 P-3.............................................................................. $ 209.00 P-4.............................................................................. $ 239.00 P-5.............................................................................. $ 273.00 P-6.............................................................................. $ 316.00 P-7.............................................................................. $ 390.00 Designers $ - D-1.............................................................................. $ 106.00 D-2.............................................................................. $ 124.00 D-3.............................................................................. $ 148.00 D-4.............................................................................. $ 172.00 Technicians T-1............................................................................... $ 83.00 T-2............................................................................... $ 105.00 T-3............................................................................... $ 128.00 Surveyors S-1.............................................................................. $ 51.00 S-2.............................................................................. $ 68.00 S-3.............................................................................. $ 91.00 S-4.............................................................................. $ 130.00 S-5.............................................................................. $ 172.00 S-6.............................................................................. $ 196.00 2-Man Crew (Survey)....................................................... $ 208.00 3-Man Crew (Survey)....................................................... $ 259.00 2-Man Crew (GPS Survey) ................................................ $ 228.00 3-Man Crew (GPS Survey) ................................................ $ 279.00 Construction Observation C-1.............................................................................. $ 100.00 C-2.............................................................................. $ 129.00 C-3.............................................................................. $ 158.00 C-4.............................................................................. $ 194.00 C-5.............................................................................. $ 232.00 M a nagement/Ad m i n istratio n M-1.............................................................................. $ 381.00 X-1............................................................................... $ 65.00 X-2............................................................................... $ 89.00 X-3............................................................................... $ 123.00 X-4............................................................................... $ 157.00 X-5............................................................................... $ 193.00 X-6............................................................................... $ 238.00 X-7............................................................................... $ 287.00 X-8............................................................................... $ 359.00 X-9............................................................................... $ 433.00 Agreement for Professional Services School/College Avenue Corridor Improvements Garver Project No. 20T21050 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements TOTAL FEE SUMMARY Title I Service Original Estimated Fees Amendment No.1 Estimated Fees Total Estimated Fees Programming $ 224,350.00 $ (19,200.00) $ 205,150.00 School Avenue (MILK Jr. Blvd. to 15th Street) $ - $ 306,660.00 $ 306,660.00 College Avenue (North St. to Green Acres Rd.) $ - $ 457,965.00 $ 457,965.00 College Avenue (Green Acres Rd. to Township St.) $ - $ 230,810.00 $ 230,810.00 Subtotal for Title I Service $ 224,350.00 $ 976,235.00 $ 1,200,585.00 L:\2020\20T21050 - Fayetteville College Avenue Improve ments\Contracts\Client\Draft\Amendment No. 1\Exhibit B - Garver Fee Spreadsheet - Amendment 1.xlsm Exhibit B City of Fayetteville School/College Avenue Corridor Improvements FEE SUMMARY - SCHOOL AVENUE (MLK JR. BLVD. TO 15TH ST.) Title I Service Amendment No. 1 Estimated Fees Utility Locates (ARKUPS) $ 7,520.00 Property Title (WACO) $ - Surveying $ 25,800.00 Environmental $ 2,850.00 Design Meetings $ 26,670.00 Garver $ 13,300.00 RDG $ 13,370.00 Conceptual Design $ 57,720.00 Civil Engineering (Garver) $ 32,970.00 Landscape Architecture, Lighting, Planning RDG $ 24,750.00 Si nalization Design $ 44,330.00 Preliminary Design $ 78,610.00 Civil Engineering (Garver) $ 48,230.00 Landscape Architecture, Lighting, Planning RDG $ 30,380.00 Final Design $ 55,170.00 Civil Engineering (Garver) $ 43,210.00 Landscape Architecture RDG $ 11,960.00 Property Acquisition - (EXCLUDED) $ - Bidding $ 7,990.00 Garver $ 3,250.00 RDG $ 4,740.00 Subtotal for School Avenue (MLK Jr. Blvd. to 15th Street) $ 306,660.00 L:\2020\20T21050 - Fayetteville College Avenue Improve ments\Contracts\Client\Draft\Am end ment No. 1\Exhibit B - Garver Fee Spreadsheet - Amendment 1.xlsm Exhibit B City of Fayetteville School/College Avenue Corridor Improvements SURVEYS - SCHOOL AVENUE (MLK JR. BLVD. TO 15TH STREET) WORK TASK DESCRIPTION E-3 S-5 S-4 S-3 2-Man Crew (Survey)GPS 2-Man Crew Survey) T 2 $160.00 $172.00 $130.00 $91.00 $208.00 $228.00 $105.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 2 Quality Control Review 2 Submittals to Client 1 1 Subtotal - Project Management 0 5 1 0 0 0 0 2. Topographic Survey Establish Horizontal and Vertical Control Points 2 2 2 8 Utility Locates 2 2 4 8 40 Topographic Surveys 1 1 2 8 Data Processing/Preparation 2 32 Subtotal - Topographic Survey 0 7 37 4 12 56 0 3. Property Survey Survey Layout Map Property Surveys Establish Existing Right of way 4 8 12 Data Processing/Preparation r:u;t�,ta-­roperty urvey 0 4 8 12 0 0 0 Hours 0 16 46 16 12 56 0 Salary Costs $0.00 $2,752.00 $5,980.00 $1,456.00 $2,496.00 $12,768.00 $0.00 SUBTOTAL - SALARIES: $25,452.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $40.00 Survey Supplies $25.00 Travel Costs $283.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $348.00 TOTAL FEE: $25,800.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements ENVIRONMENTAL - SCHOOL AVENUE (MLK JR. BLVD. TO 15TH ST.) WORK TASK DESCRIPTION E-6 E-5 P-4 P-3 P-2 P-1 T-1 X-3 X-2 $280.00 $228.00 $239.00 $209.00 $172.00 $137.00 $83.00 $123.00 $89.00 hr hr hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 1 Quality Control Review 1 1 Submittals to Client 1 Subtotal - Project Management 0 0 1 0 3 0 0 0 0 2. Environmental SWPPP 2 10 2 Subtotal - Environmental 0 0 0 0 2 10 2 0 0 Hours 0 0 Salary Costs $0.00 $0.00 SUBTOTAL - SALARIES: $2,635.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $5.00 Postage/Freight/Courier $5.00 Permitting Fees (SWPPP) $200.00 Travel Costs $5.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $215.00 TOTAL FEE: $2,850.00 1 0 5 10 2 0 0 $239.00 $0.00 $860.00 $1,370.00 $166.00 $0.00 $0.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements DESIGN MEETINGS - SCHOOL AVENUE (MLK JR. BLVD. TO 15TH ST.) WORK TASK DESCRIPTION E-6 E-4 E-3 E-1 T-1 P-1 P-2 $280.00 $187.00 $160.00 $114.00 $83.00 $137.00 $172.00 hr hr hr hr hr hr hr 1. Public Involvement Kick -Off Meeting 1 1 Progress Meetings 2 4 1 4 Stakeholder Meetings (S. School- 11 property owner contacts) 1 2 22 Review Meetings 2 2 2 Transportation Committee Meetings (2 each) 1 1 2 2 2 Arts Council Meetings (1 each) 1 1 Public Involvement Meetings (2 each) 2 5 5 2 15 Active Transportation Committee Meeting (1 each) 2 Subtotal - Public Involvement 8 16 0 7 4 49 0 Hours 8 16 Salary Costs $2,240.00 $2,992.00 SUBTOTAL - SALARIES: $13,075.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $200.00 Postage/Freight/Courier $0.00 Travel Costs $25.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $225.00 SUBTOTAL: $13,300.00 SUBCONSULTANTS FEE: (RDG Planning & Design) $0.00 TOTAL FEE: $13,300.00 0 7 4 49 0 $0.00 $798.00 $332.00 $6,713.00 $0.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements CONCEPTUAL DESIGN - SCHOOL AVENUE (MLK JR. BLVD. TO 15TH ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 6 8 Quality Control Review 5 4 Subtotal - Project Management 11 0 12 0 1 0 0 0 2. Civil Engineering Conceptual Plans Base Plan Setup 4 3 Typical Sections 2 8 3 Sidewalk/Parking Lot Layout Review 2 5 2 Street Improvements - Plan & Profiles 3 12 40 50 Driveways 2 2 1 School Avenue Drainage Modifications 1 3 12 4 Conceptual Pavement Markings 2 4 5 2 Utility Relocation Route Alternatives 1 6 2 Utility Companies Coordination 6 Coordination with ARDOT 4 Coordination with City 2 4 Quantities 2 5 Opinion of Probable Construction Cost 2 4 Subtotal - Civil Engineering 1 10 0 56 0 0 78 65 Hours Salary Costs 21 0 68 0 0 78 65 $5,880.00 $0.00 $12,716.00 $0.00 $0.00 $8,892.00 $5,395.00 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $70.00 Postage/Freight/Courier $0.00 Travel Costs $17.00 $32,883.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $87.00 TOTAL FEE: $32,970.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements SIGNALIZATION DESIGN - SCHOOL AVE (MLK JR. BLVD. TO 15TH ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 1 Quality Control Review 1 1 Submittals to Client 1 Subtotal - Project Management 1 0 1 3 0 0 1 0 0 2. Preliminary (1 Signal Mod, 1 HAWK Mod, 1 RRFB) Site Visit 4 Traffic Signal Notes 1 Street Name Signs 2 2 Signal Layout (Reference File) (Includes HAWK) 2 20 6 60 Scale Sheets 2 10 10 40 Scale Sheets 2 4 10 Wiring Diagrams 2 8 6 Charts Sheets 2 4 10 Wheelchair Ramp Layout and Details 2 4 12 8 RRFB Standard Details and Plan Sheet 1 1 Summary of Quantities 2 2 4 12 Conduit Capacity Calculations 2 2 Plan Check 10 10 8 Plan Submittal and Corrections 1 2 12 12 Subtotal - Preliminary (1 Signal Mod, 1 HAWK Mod, 1 RRFB) 15 0 1 31 0 84 1 84 0 3. Final (1 Signal Mod, 1 HAWK Mod, 1 RRFB) Signal Plan Updates 2 6 12 RRFBs Update 1 Quantity Updates 4 4 4 Special Provisions 2 2 Construction Cost Estimate 4 4 Plan Check 4 4 Plan Submittal and Corrections 4 4 4 8 Subtotal - Final (1 Signal Mod, 1 HAWK Mod, 1 RRFB) 1 16 1 0 1 20 0 16 1 21 1 0 Hours 32 0 54 0 100 105 Salary Costs $8,960.00 $0.00 $10,098.00 $0.00 $13,200.00 $11,970.00 $0.00 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $17.00 Postage/Freight/Courier $0.00 Travel Costs $85.00 $44,228.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $102.00 TOTAL FEE: $44,330.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements PRELIMINARY DESIGN - SCHOOL AVENUE (MLK JR. BLVD. TO 15TH ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 8 8 Quality Control Review 6 6 Subtotal - Project Management 14 0 14 0 0 0 0 2. Civil Engineering Preliminary Plans Typical Sections 1 3 1 Sidewalk/Parking Lot Layout & Grading 3 15 40 25 Street Plan & Profile Sheets 2 20 50 30 Driveways 4 6 8 Parking Lot Drainage Improvements 1 5 10 5 Drainage Modifications 4 10 5 Pavement Marking/Street Signage Plans 1 4 8 3 Address City/ARDOT Review Comments 1 6 10 6 Coordination with Utility Companies 1 6 Coordination with City 2 4 Coordination with ARDOT 1 4 Quantities 3 6 Opinion of Probable Construction Cost 1 1 3 Subtotal - Civil Engineering 13 0 77 0 0 146 83 Hours 27 0 91 0 0 146 83 Salary Costs $7,560.00 $0.00 $17,017.00 $0.00 $0.00 $16,644.00 $6,889.00 SUBTOTAL - SALARIES: $48,110.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $100.00 Postage/Freight/Courier $0.00 Travel Costs $20.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $120.00 TOTAL FEE: $48,230.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements FINAL DESIGN - SCHOOL AVENUE (MLK JR. BLVD. TO 15TH ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $292.00 $238.00 $195.00 $167.00 $138.00 $119.00 $87.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 6 6 Quality Control Review 4 6 Subtotal - Project Management 10 0 12 0 0 0 0 2. Civil Engineering Final Plans Typical Sections 1 2 1 Sidewalks/Parking Lot Layout & Grading 1 3 20 10 Street Plan & Profile Sheets 1 10 20 20 Driveways 1 3 5 5 Parking Lot Drainage Improvements 1 3 6 2 Drainage Modifications 3 1 5 4 Pavement Markings & Signage Plans 1 2 5 4 Water & Sewer Adjustments 2 6 4 Typical Details 1 3 4 Special Details 1 2 5 5 Erosion Control Plans 2 8 6 Address City/ARDOT Review Comments 1 4 8 6 Coordination with Utility Companies 1 8 Coordination and Meetings with City 3 6 Coordination with ARDOT 1 5 Specifications/Contract Documents 1 10 8 Quantities 6 8 Opinion of Probable Construction Cost 2 4 Subtotal - Civil Engineering 13 1 0 73 0 0 113 71 Hours 23 85 113 71 Salary Costs $6,716.00 $0.00 $16,575.00 $0.00 $0.00 $13,447.00 $6,177.00 SUBTOTAL - SALARIES: $42,915.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $75.00 ADH Review Fees $200.00 Postage/Freight/Courier $0.00 Travel Costs $20.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $295.00 TOTAL FEE: $43,210.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements BIDDING SERVICES - SCHOOL AVENUE (MLK JR. BLVD TO 15TH ST.) WORK TASK DESCRIPTION E-6 E-4 E-3 E-1 T-1 $292.00 $195.00 $167.00 $119.00 $87.00 hr hr hr hr hr 1. Civil Engineering Coordination with City Purchasing Division 4 Addend ums/Inquiries 4 Pre -Bid Meeting 2 Bid Opening 1.5 Prepare bid tabulation - Not Applicable Evaluate bids and recommend award 1 Prepare construction contracts 3 Notice to Proceed 1 Subtotal - Civil Engineering 0 16.5 0 0 0 Hours Salary Costs 0 16.5 0 0 0 $0.00 $3,217.50 $0.00 $0.00 $0.00 SUBTOTAL - SALARIES: $3,217.50 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $32.50 Postage/Freight/Courier $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $32.50 TOTAL FEE: $3,250.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements FEE SUMMARY - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD. Title I Service Amendment No. 1 Estimated Fees Utility Locates (ARKUPS) $ 2,000.00 Property Title (WACO) $ 15,750.00 Surveying $ 85,550.00 Environmental $ 38,350.00 Design Meetings $ 33,060.00 Garver $ 18,800.00 RDG $ 14,260.00 Conceptual Design $ 68,020.00 Civil Engineering (Garver) $ 41,600.00 Landscape Architecture, Lighting, Planning RDG $ 26,420.00 Si nalization Design $ 44,330.00 Preliminary Design $ 90,660.00 Civil Engineering (Garver) $ 58,200.00 Landscape Architecture, Lighting, Planning RDG $ 32,460.00 Final Design $ 70,900.00 Civil Engineering (Garver) $ 58,150.00 Landscape Architecture, Lighting, Planning (RDG) $ 12,750.00 Property Acquisition - (EXCLUDED) $ - Bidding $ 9,345.00 Garver $ 4,340.00 RDG $ 5,005.00 Subtotal for College Avenue (North St. to Green Acres Rd.) $ 457,965.00 L:\2020\20T21050 - Fayetteville College Avenue Improvements\Contracts\Client\Draft\Amendment No. 1 \Exhibit B - Garver Fee Spreadsheet - Amendment 1.xlsm Exhibit B City of Fayetteville School/College Avenue Corridor Improvements SURVEYS - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-3 S-5 S-4 S-3 an Crew (Survey)GPS 2-Man Crew Surve T 2 $160.00 $172.00 $130.00 $91.00 $208.00 $228.00 $105.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 2 Quality Control Review 2 Submittals to Client 1 1 Subtotal - Project Management 0 5 1 0 0 0 0 2. Topographic Survey Establish Horizontal and Vertical Control Points 2 2 2 8 Utility Locates (New Utilities not in McClelland Survey) 2 2 4 4 16 Topographic Surveys 1 1 2 8 Data Processing/Preparation 2 20 20 Subtotal - Topographic Survey 0 7 25 4 8 32 20 3. Property Survey Survey Layout Map 4 Property Surveys 10 10 20 120 Establish Existing Right of way 4 8 12 Data Processing/Preparation 60 140 Subtotal - Property Survey 0 78 158 0 32 120 0 Hours 0 90 184 Salary Costs $0.00 $15,480.00 $23,920.00 SUBTOTAL - SALARIES: $84,840.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $40.00 Survey Supplies $25.00 Travel Costs $645.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $710.00 TOTAL FEE: $85,550.00 4 40 152 20 $364.00 $8,320.00 $34,656.00 $2,100.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements ENVIRONMENTAL - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-6 E-5 P-4 P-3 P-2 P-1 T-1 X-3 X-2 $280.00 $228.00 $239.00 $209.00 $172.00 $137.00 $83.00 $123.00 $89.00 hr hr hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 1 Quality Control Review 1 1 Submittals to Client 1 Subtotal - Project Management 0 0 1 0 3 0 0 0 0 2. Environmental Environmental Data Collection 2 6 Constraints mapping 32 6 Wetland delineation and report 2 10 Noise study (NA) Agency and Tribal Coordination/letters 2 8 Design Alternatives Coordination 2 2 2 4(f) De minimis evaluation & coordination (NA) Tier 3 CE Environmental Document Draft CE preparation and submittal 1 6 16 Revisions to CE draft 1 8 Final CE preparation and submittal 1 2 8 Construction Plan Review and Special Provisions 2 2 2 SWPPP 2 10 2 Subtotal - Environmental 0 0 2 0 53 76 6 0 0 3. Public Involvement Virtual public meeting preparation, websites (incl. Spanish), flyers, radio & newspaper ads 1 6 2 20 55 Coordination with Client and ARDOT 1 1 1 2 PI synopsis 1 1 8 2 4 Subtotal - Public Involvement 0 0 3 0 8 11 0 24 59 Hours 0 0 6 0 64 87 6 24 59 Salary Costs $0.00 $0.00 $1,434.00 $0.00 $11,008.00 $11,919.00 $498.00 $2,952.00 $5,251.00 SUBTOTAL - SALARIES: $33,062.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $60.00 Postage/Freight/Courier $18.00 Legal Advertisements - Public Meeting Newspaper Ad $1,000.00 Permitting Fees (SWPPP) $200.00 Travel Costs $10.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: SUBTOTAL: SUBCONSULTANTS FEE: $1,288.00 $34,350.00 $4,000.00 Flat Earth - Cultural & Historic Resources TOTAL FEE: $38,350.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements DESIGN MEETINGS - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-6 E-4 E-3 E-1 T-1 P-1 P-2 $280.00 $187.00 $160.00 $114.00 $83.00 $137.00 $172.00 hr hr hr hr hr hr hr 1. Public Involvement Kick -Off Meeting 1 2 2 Progress Meetings 3 4 4 Stakeholder Meetings (N College 24 property owner contacts) 1 2 42 Review Meetings 2 2 2 Transportation Committee Meetings (2 each) 2 2 3 2 2 Arts Council Meetings (1 each) 1 1 1 Public Involvement Meetings (2 each) 3 6 6 3 15 Active Transportation Committee Meeting (1 each) 1 1 Subtotal - Public Involvement 1 14 1 19 0 9 5 69 1 0 Hours 14 19 0 9 5 69 0 Salary Costs $3,920.00 $3,553.00 $0.00 $1,026.00 $415.00 $9,453.00 $0.00 SUBTOTAL - SALARIES: $18,367.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $400.00 Postage/Freight/Courier $0.00 Travel Costs $33.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $433.00 SUBTOTAL: $18,800.00 SUBCONSULTANTS FEE: (RDG Planning & Design) $0.00 TOTAL FEE: $18,800.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements CONCEPTUAL DESIGN - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 8 8 Quality Control Review 6 4 Subtotal - Project Management 14 0 12 0 1 0 0 0 2. Civil Engineering Conceptual Plans Base Plan Setup 4 3 Typical Sections 1 2 6 3 Sidewalk/Parking Lot Layout Review 2 6 3 Street Improvements - Plan & Profiles 3 16 40 60 Driveways 1 3 3 2 College Avenue Drainage Modifications 1 4 12 4 Conceptual Pavement Markings 1 4 6 3 Utility Relocation Route Alternatives 2 8 3 Utility Companies Coordination 1 8 Coordination with ARDOT 4 12 Coordination with City 2 4 Quantities 3 8 Opinion of Probable Construction Cost 1 2 1 4 Subtotal - Civil Engineering 19 1 0 76 0 0 82 78 Hours Salary Costs 33 0 88 0 0 82 78 $9,240.00 $0.00 $16,456.00 $0.00 $0.00 $9,348.00 $6,474.00 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $62.00 Postage/Freight/Courier $0.00 Travel Costs $20.00 $41,518.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $82.00 TOTAL FEE: $41,600.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements PRELIMINARY DESIGN - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 8 8 Quality Control Review 6 8 Subtotal - Project Management 14 0 16 0 0 0 0 2. Civil Engineering Preliminary Plans Typical Sections 2 3 2 Sidewalk/Parking Lot Layout & Grading 2 15 40 30 Street Plan & Profile Sheets 2 20 50 40 Driveways 1 4 8 8 Parking Lot Drainage Improvements 6 10 6 College Ave. Drainage Modifications 1 4 10 5 Pavement Marking/Street Signage Plans 2 4 8 4 Address City/ARDOT Review Comments 2 8 16 8 Coordination with Utility Companies 1 8 Coordination with City 2 4 Coordination with ARDOT 3 12 Quantities 3 8 Opinion of Probable Construction Cost 1 2 3 Subtotal - Civil Engineering 17 0 92 0 0 156 103 3. Structural Engineering Retaining Wall Layout 2 16 8 Subtotal - Structural Engineering 0 0 2 0 0 16 8 Hours 31 0 110 0 0 172 111 Salary Costs $8,680.00 $0.00 $20,570.00 $0.00 $0.00 $19,608.00 $9,213.00 SUBTOTAL - SALARIES: $58,071.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $100.00 Postage/Freight/Courier $0.00 Travel Costs $29.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $129.00 TOTAL FEE: $58,200.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements SIGNALIZATION DESIGN - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 1 Quality Control Review 1 1 Submittals to Client 1 Subtotal - Project Management 1 0 3 0 0 0 0 2. Preliminary (2 Signal Mod, 1 RRFB) Site Visit 4 Traffic Signal Notes 1 Street Name Signs 2 2 Signal Layout (Reference File) 2 20 6 60 Scale Sheets 2 10 10 40 Scale Sheets 2 4 10 Wiring Diagrams 2 8 6 Charts Sheets 2 4 10 Wheelchair Ramp Layout and Details 2 4 12 8 RRFBs 1 1 Summary of Quantities 2 2 4 12 Conduit Capacity Calculations 2 2 Plan Check 10 10 8 Plan Submittal and Corrections 1 2 12 12 Subtotal - Preliminary 2 Signal Mod, 1 RRFB 15 0 31 0 84 84 0 3. Final (2 Signal Mod, 1 RRFB) Signal Plan Updates 2 6 12 RRFBs Update 1 Quantity Updates 4 4 4 Special Provisions 2 2 Construction Cost Estimate 4 4 Plan Check 4 4 Plan Submittal and Corrections 4 4 4 8 Subtotal - Final 2 Signal Mod, 1 RRFB 16 0 20 0 16 21 0 Hours 32 0 54 0 100 105 Salary Costs $8,960.00 $0.00 $10,098.00 $0.00 $13,200.00 $11,970.00 $0.00 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $17.00 Postage/Freight/Courier $0.00 Travel Costs $85.00 $44,228.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $102.00 TOTAL FEE: $44,330.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements FINAL DESIGN - COLLEGE AVENUE ( NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $292.00 $238.00 $195.00 $167.00 $138.00 $119.00 $87.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 8 8 Quality Control Review 4 8 Subtotal - Project Management 12 0 16 0 0 0 0 2. Civil Engineering Final Plans Typical Sections 2 3 1 Sidewalks/Parking Lot Layout & Grading 2 3 20 10 Street Plan & Profile Sheets 2 10 20 20 Driveways 1 3 6 6 Parking Lot Drainage Improvements 1 3 8 3 Drainage Modifications 1 3 5 4 Pavement Markings & Signage Plans 2 2 6 4 Water & Sewer Adjustments 3 8 4 Typical Details 1 3 4 Special Details 1 3 6 6 Erosion Control Plans 3 8 8 Address City/ARDOT Review Comments 3 4 14 8 Coordination with Utility Companies 2 8 Coordination and Meetings with City 3 8 Coordination with ARDOT 3 15 Specifications/Contract Documents 1 10 6 Quantities 8 8 Opinion of Probable Construction Cost 1 3 4 Subtotal - Civil Engineering 23 0 92 0 0 125 78 3. Structural Engineering Retaining Wall Layout/Elevations 10 16 1 12 Subtotal - Structural Engineering 0 0 10 1 0 1 0 16 1 12 Hours 35 0 118 0 0 141 90 Salary Costs $10,220.00 $0.00 $23,010.00 $0.00 $0.00 $16,779.00 $7,830.00 SUBTOTAL - SALARIES: $57,839.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $75.00 ADH Review Fees $200.00 Postage/Freight/Courier $0.00 Travel Costs $36.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $311.00 TOTAL FEE: $58,150.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements BIDDING SERVICES - COLLEGE AVENUE (NORTH ST. TO GREEN ACRES RD.) WORK TASK DESCRIPTION E-6 E-4 E-3 E-1 T-1 $292.00 $195.00 $167.00 $119.00 $87.00 hr hr hr hr hr 1. Civil Engineering Coordination with City Purchasing Division 4 Addend ums/Inquiries 6 Coordination with ARDOT 4 Pre -Bid Meeting 2 Bid Opening 1 Prepare bid tabulation - Not Applicable Evaluate bids and recommend award 1 Prepare construction contracts 3 Notice to Proceed 1 Subtotal - Civil Engineering 0 22 0 0 0 Hours Salary Costs SUBTOTAL - SALARIES: 0 22 0 0 $0.00 $4,290.00 $0.00 $0.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $50.00 Postage/Freight/Courier $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $4,290.00 $50.00 TOTAL FEE: $4,340.00 0 $0.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements FEE SUMMARY - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) Title I Service Amendment No. 1 Estimated Fees Utility Locates (ARKUPS) $ 2,000.00 Property Title (WACO) $ - Surveying $ 21,510.00 Environmental $ 6,250.00 Design Meetings $ 22,180.00 Garver $ 15,500.00 RDG $ 6,680.00 Conceptual Design $ 45,640.00 Civil Engineering (Garver) $ 33,260.00 Landscape Architecture, Lighting, Planning RDG $ 12,380.00 Si nalization Design $ 22,990.00 Preliminary Design $ 59,380.00 Civil Engineering (Garver) $ 44,150.00 Landscape Architecture, Lighting, Planning RDG $ 15,230.00 Final Design $ 45,275.00 Civil Engineering (Garver) $ 39,300.00 Landscape Architecture, Lighting, Planning RDG $ 5,975.00 Property Acquisition - (EXCLUDED) $ - Bidding $ 5,585.00 Garver $ 3,250.00 RDG $ 2,335.00 Subtotal for College Avenue (Green Acres Rd. to Township St.) $ 230,810.00 L:\2020\20T21050 - Fayetteville College Avenue Improvements\Contracts\Client\Draft\Amendment No. 1\Exhibit B - Garver Fee Spreadsheet - Amendment 1.xlsm Exhibit B City of Fayetteville School/College Avenue Corridor Improvements SURVEYS - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-3 S-5 S-4 S-3 2-Man Crew Surve 2-Man Crew GPS Survey) T 2 $160.00 $172.00 $130.00 $91.00 $208.00 $228.00 $105.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 3 Quality Control Review 2 Submittals to Client 1 1 Subtotal - Project Management 0 6 1 0 0 0 0 2. Topographic Survey Establish Horizontal and Vertical Control Points 2 2 2 8 Utility Locates (New Utilities not in McClelland Survey) 2 2 4 4 16 Topographic Surveys 1 1 2 8 Data Processing/Preparation 2 20 20 Subtotal - Topographic Survey 0 7 25 4 8 32 20 3. Property Survey Survey Layout Map Property Surveys Establish Existing Right of way 4 8 12 Data Processing/Preparation ,F u tota - roperty Survey 0 4 8 0 12 0 0 Hours 0 17 34 4 20 32 20 Salary Costs $0.00 $2,924.00 $4,420.00 $364.00 $4,160.00 $7,296.00 $2,100.00 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $40.00 Survey Supplies $25.00 Travel Costs $181.00 $21,264.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $246.00 TOTAL FEE: $21,510.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements ENVIRONMENTAL - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-6 E-5 P-4 P-3 P-2 P-1 T-1 X-3 X-2 $280.00 $228.00 $239.00 $209.00 $172.00 $137.00 $83.00 $123.00 $89.00 hr hr hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 1 Quality Control Review 1 1 Submittals to Client 1 Subtotal - Project Management 0 0 1 0 3 0 0 0 0 2. Environmental Wetland delineation and report 1 6 Environmental Permit Applications (404 NWP, STAA, SWPPP) 2 4 20 2 Subtotal - Environmental 0 0 2 0 5 26 2 0 1 0 Hours 0 0 3 0 8 26 2 0 0 Salary Costs $0.00 $0.00 $717.00 $0.00 $1,376.00 $3,562.00 $166.00 $0.00 $0.00 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $40.00 Postage/Freight/Courier $19.00 Legal Advertisements - Public Meeting Newspaper Ad $0.00 Permitting Fees (NWP, SWPPP, STAA) $350.00 Travel Costs $20.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $5,821.00 $429.00 TOTAL FEE: $6,250.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements DESIGN MEETINGS - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-6 E-4 E-3 E-1 T-1 P-1 P-2 $280.00 $187.00 $160.00 $114.00 $83.00 $137.00 $172.00 hr hr hr hr hr hr hr 1. Public Involvement Kick -Off Meeting 1 1 1 Progress Meetings 3 4 4 Stakeholder Meetings (S. School- 11 property owner contacts, N College 41 property owner contacts) 2 36 Review Meetings 2 2 2 Transportation Committee Meetings (2 each) 1 1 3 2 2 Arts Council Meetings (1 each) 1 1 Public Involvement Meetings (2 each) 3 5 5 3 10 Active Transportation Committee Meeting (1 each) 1 1 Subtotal - Public Involvement 12 1 15 1 0 1 8 5 57 0 Hours 12 15 0 8 5 57 0 Salary Costs $3,360.00 $2,805.00 $0.00 $912.00 $415.00 $7,809.00 $0.00 SUBTOTAL - SALARIES: $15,301.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $170.00 Postage/Freight/Courier $0.00 Travel Costs $29.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $199.00 SUBTOTAL: $15,500.00 SUBCONSULTANTS FEE: (RDG Planning & Design) $0.00 TOTAL FEE: $15,500.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements CONCEPTUAL DESIGN - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 6 8 Quality Control Review 5 4 Subtotal - Project Management 11 0 12 0 1 0 0 0 2. Civil Engineering Conceptual Plans Base Plan Setup 4 2 Typical Sections 2 6 2 Sidewalk/Parking Lot Layout Review 2 5 3 Street Improvements - Plan & Profiles 2 12 40 50 Driveways 1 3 3 1 College Avenue Drainage Modifications 1 3 12 4 Conceptual Pavement Markings 1 4 5 3 Utility Relocation Route Alternatives 1 6 3 Utility Companies Coordination 1 6 Coordination with City 2 4 Quantities 3 6 Opinion of Probable Construction Cost 1 2 1 4 Subtotal - Civil Engineering 12 0 1 54 0 0 1 79 1 65 Hours 23 0 66 0 0 79 65 Salary Costs $6,440.00 $0.00 $12,342.00 $0.00 $0.00 $9,006.00 $5,395.00 SUBTOTAL - SALARIES: $33,183.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $60.00 Postage/Freight/Courier $0.00 Travel Costs $17.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $77.00 TOTAL FEE: $33,260.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements SIGNALIZATION DESIGN - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 1 Quality Control Review 1 1 Submittals to Client 1 Subtotal - Project Management 1 0 3 0 0 0 0 2. Preliminary (1 New Signals, 1 RRFB) Site Visit 2 Traffic Signal Notes 1 Street Name Signs 1 1 Signal Layout (Reference File) 1 10 3 60 Scale Sheets 1 5 5 40 Scale Sheets 1 2 5 Wiring Diagrams 1 4 3 Charts Sheets 1 2 5 Wheelchair Ramp Layout and Details 1 2 6 4 RRFBs 1 1 Summary of Quantities 1 1 2 6 Conduit Capacity Calculations 1 1 Plan Check 5 5 4 Plan Submittal and Corrections 1 1 6 6 Subtotal - Preliminary New Signals, 1 RRFB 8 0 16 0 42 43 0 3. Final (1 New Signals, 1 RRFB) Signal Plan Updates 1 3 6 RRFBs Update 1 Quantity Updates 2 2 2 Special Provisions 1 1 Construction Cost Estimate 2 2 Plan Check 2 2 Plan Submittal and Corrections 2 2 2 4 Subtotal - Final 1 New Signals, 1 RRFB 8 0 10 0 8 11 0 Hours 17 0 29 0 50 54 Salary Costs $4,760.00 $0.00 $5,423.00 $0.00 $6,600.00 $6,156.00 $0.00 SUBTOTAL - SALARIES: DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $9.00 Postage/Freight/Courier $0.00 Travel Costs $42.00 $22,939.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $51.00 TOTAL FEE: $22,990.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements PRELIMINARY DESIGN - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $280.00 $228.00 $187.00 $160.00 $132.00 $114.00 $83.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 8 8 Quality Control Review 4 6 Subtotal - Project Management 12 0 14 0 0 0 0 2. Civil Engineering Preliminary Plans Typical Sections 1 2 1 Sidewalk/Parking Lot Layout & Grading 3 10 40 25 Street Plan & Profile Sheets 2 20 40 30 Driveways 1 4 6 8 Parking Lot Drainage Improvements 1 5 10 5 College Ave. Drainage Modifications 1 4 10 5 Pavement Marking/Street Signage Plans 1 4 8 3 Address City/ARDOT Review Comments 1 6 10 6 Coordination with Utility Companies 6 Coordination with City 2 4 Coordination with ARDOT Quantities 2 6 Opinion of Probable Construction Cost 1 2 Subtotal - Civil Engineering 12 0 67 0 0 134 83 Hours 24 0 81 0 0 134 83 Salary Costs $6,720.00 $0.00 $15,147.00 $0.00 $0.00 $15,276.00 $6,889.00 SUBTOTAL - SALARIES: $44,032.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $100.00 Postage/Freight/Courier $0.00 Travel Costs $18.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $118.00 TOTAL FEE: $44,150.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements FINAL DESIGN - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-6 E-5 E-4 E-3 E-2 E-1 T-1 $292.00 $238.00 $195.00 $167.00 $138.00 $119.00 $87.00 hr hr hr hr hr hr hr 1. Project Management Administration and Coordination 6 6 Quality Control Review 4 6 Subtotal - Project Management 10 0 12 0 0 0 0 2. Civil Engineering Final Plans Typical Sections 1 2 Sidewalks/Parking Lot Layout & Grading 1 2 20 10 Street Plan & Profile Sheets 1 10 20 20 Driveways 2 5 5 Parking Lot Drainage Improvements 2 6 3 Drainage Modifications 1 3 5 4 Pavement Markings & Signage Plans 1 2 5 4 Water & Sewer Adjustments 2 6 4 Typical Details 2 4 Special Details 2 5 5 Erosion Control Plans 2 8 6 Address City/ARDOT Review Comments 4 8 6 Coordination with Utility Companies 1 8 Coordination and Meetings with City 2 6 Coordination with ARDOT Specifications/Contract Documents 10 4 Quantities 6 8 Opinion of Probable Construction Cost 1 2 4 Subtotal - Civil Engineering 8 0 64 0 0 108 71 Hours 18 76 108 71 Salary Costs $5,256.00 $0.00 $14,820.00 $0.00 $0.00 $12,852.00 $6,177.00 SUBTOTAL - SALARIES: $39,105.00 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $75.00 ADH Review Fees $100.00 Postage/Freight/Courier $0.00 Travel Costs $20.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $195.00 TOTAL FEE: $39,300.00 Exhibit B City of Fayetteville School/College Avenue Corridor Improvements BIDDING SERVICES - COLLEGE AVENUE (GREEN ACRES RD. TO TOWNSHIP ST.) WORK TASK DESCRIPTION E-6 E-4 E-3 E-1 T-1 $292.00 $195.00 $167.00 $119.00 $87.00 hr hr hr hr hr 1. Civil Engineering Coordination with City Purchasing Division 4 Addend ums/Inquiries 4 Pre -Bid Meeting 2 Bid Opening 1.5 Prepare bid tabulation - Not Applicable Evaluate bids and recommend award 1 Prepare construction contracts 3 Notice to Proceed 1 Subtotal - Civil Engineering 0 16.5 0 0 0 Hours Salary Costs 0 16.5 0 0 0 $0.00 $3,217.50 $0.00 $0.00 $0.00 SUBTOTAL - SALARIES: $3,217.50 DIRECT NON -LABOR EXPENSES Document Printing/Reproduction/Assembly $32.50 Postage/Freight/Courier $0.00 Travel Costs $0.00 SUBTOTAL - DIRECT NON -LABOR EXPENSES: $32.50 TOTAL FEE: $3,250.00 RDgeoe PLANNING • DESIGN Scope of Services College Avenue and South School Avenue Streetscape Fayetteville, Arkansas October 26tb, 2021 3004.140.01 This scope of services has been developed to assist the City of Fayetteville and Garver Engineering with the College Avenue and South School Streetscape project as outlined below and the attached time task analysis. This scope includes creating separate construction documentation packages based on federal funding. RDG will provide landscape architecture, planning, and lighting design services as required. TASK 1. General Project Meetings 1. Kick -Off a. Once notice to proceed has been received, RDG will attend a kick-off meeting with the design team and City staff. 2. Progress Meetings a. RDG will attend progress meetings as deemed necessary by Garver. These meetings will be done virtually. 3. Stakeholder Meetings a. RDG will attend up to 10 stakeholder meetings via videoconferencing. This includes meetings with transit providers. 4. Review Meetings a. RDG will attend review meetings to receive the City's review comments from the submittals. These meetings will be in person. RDG has included 3 review meetings in the scope. 5. Transportation and Arts Council committee meetings a. RDG will attend up to two Transportation Committee meetings and one Arts Council Committee meeting via videoconferencing RDG Planning & Design 1302 Howard St. Tel 402.392.0133 Omaha, Nebraska 68102 Fax402.392.0413 www.rdgusa.com RDG IA Inc page 2 TASK 2. Conceptual Design — 30% drawings During this project phase, the RDG team will: 1. Attend kickoff meeting in Fayetteville. 2. Prepare various design alternatives for the recommended improvements resulting from the programming phase and prepare a 30% complete plan set that illustrates the basis of the improvements to be made. 3. Assist the engineer with a 30% OPC. 4. Develop the conceptual landscape plan, and asses the need for green infrastructure along College Avenue and South School. 5. Prepare a 30% preliminary layout plan for all back of curb items including sidewalks, landscape areas, and site amenities. 6. Select streetscape amenities to be included along the street. This includes but is not limited to bus shelters, benches, trash receptacles, planters and gateway features. 7. Review street lighting alternatives. 8. Conduct a 30% complete QA/QC of the plan set and OPC. 9. Conduct a 30% complete review meeting and project walk-through with City staff to review the street layout and landscape plan. 10. Revise the 30% conceptual plans based on comments from the review meeting and project walk- through to be used for the stakeholder group meeting. 11. Attend public open house meeting RDG Planning & Design 1302 Howard Street Tel 402.392.0133 Omaha, Nebraska Fax 402.392.0413 www.rdgusa.com RDG IA Inc page 3 TASK 3. Preliminary Design Phase- 60% drawings During this project phase, the RDG team will: Objective: Review feedback from the plan -in -hand walk-through, City comments, and group stakeholder meeting comments to prepare a 60% complete plan set that illustrates the basis of the improvements to be made. Revise designs based on 30% complete comments received. 2. Assist Garver with the advancement of the street and sidewalk design into preliminary design. 3. Develop the landscape plan based on the selected alternative from the conceptual design. Develop green infrastructure plan if approved from the Concept phase. 4. Prepare a 60% preliminary layout plan for all back of curb items including sidewalks, landscape areas, and site amenities. 5. Select streetscape amenities to be included along the street. This includes but is not limited to bus shelters, benches, trash receptacles, planters and gateway features. 6. Create site details that are critical to understanding and price implications for both landscape and hardscape items. 7. Assist Garver with the selection of street lights and locations. 8. Assist Garver with the development of a grading plan. 9. Prepare an outline of technical specifications. 10. Provide to Garver an OPC of items documented by RDG to be included in a 60% complete engineer's OPC. 11. Conduct a 60% complete QA/QC of plans prepared by RDG. 12. Conduct a 60% complete review meeting with City staff to review the preliminary design documents. 13. Revise the 60% conceptual plans based on comments from the review meeting to be used for the public open house. 14. Attend 60% public open house meeting in Fayetteville. TASK 4. Final Design — 90% and 100% Drawings During this project phase the RDG team will: Objective: During the 90% and 100% complete design process we will incorporate any final comments and details into the project plans and prepare for final production. 1. Revise designs based on 60% complete comments received. 2. Finalize the design for the landscape architectural improvements. 3. Review constructability of improvements and design temporary measures to allow for the construction of the improvements at all project areas while keeping businesses and residences accessible. RDG Planning & Design 1302 Howard Street Tel 402.392.0133 Omaha, Nebraska Fax402.392.0413 www.rdgusa.com RDG IA Inc page 4 4. Prepare a 90% complete OPC. 5. Conduct an internal 90% complete QA/QC review of the plan set and OPC. 6. Attend a 90% complete review meeting with City staff to review the 90% complete plan set and OPC. Objective: The objective during this task is to finalize and sign and seal the plan by a Professional Engineer and specification documents in preparation for bidding and negotiation. 7. Deliverables: Deliverables for this task include three (3) sets of final plans on 11"x17" paper and electronically in pdf format. The drawing CAD files will be provided in *.dwg format. 8. Receive 90% complete comments and revise plans and specifications. 9. Create construction document set and sign and seal by engineers and landscape architect registered in the State of Arkansas. 10. Submit final drawing files in AutoCAD 2017 format (.dwg) to Garver for use by the City. TASK 5. Bidding Phase Objective: Solicit bidders and assist in obtaining construction bids according to state statutes. After written authorization to proceed with the Bidding phase, the RDG team will: 1. Provide clarifications throughout the bidding period on the back of curb items documents by the RDG team. 2. Attend a pre -bid meeting in Fayetteville if needed. RDG Planning & Design 1302 Howard Street Tel 402.392.0133 Omaha, Nebraska Fax 402.392.0413 www.rdgusa.com RDG IA Inc page 5 Fee for Services TASK 1 - Project Meetings — $32,690 Landscape Architecture $26,530 Lighting Design $ 3,300 Planning $ 2,860 Estimated reimbursable TASK 2 — Conceptual Design- 30% $61,930 Landscape Architecture $40,690 Lighting Design $15,000 Planning $ 6,240 TASK 3 — Preliminary Design — 60% $76,390 Landscape Architecture $61,630 Lighting Design $13,200 Planning $ 1,560 TASK 4 — Final Design — 90% and 100% $29,063 Landscape Architecture $25,313 Lighting Design $ 3,750 TASK 5 — Bidding $10,460 Landscape Architecture $9,260 Lighting Design $1,200 Estimated Reimbursables $ 8,162 --------------------------------------------------------- --------------------------------------------------------- School Avenue Fee - $85,200 College Avenue south of Green Acres Road - $90,895 College Avenue north of Green Acres Road - $42,600 Total fee $218,695 Project Schedule — As defined by Garver Engineering RDG Planning & Design 1302 Howard Street Tel 402.392.0133 Omaha, Nebraska Fax 402.392.0413 www.rdgusa.com RDG IA Inc page 6 Scope Exclusions Excluded from this scope of services are the following: 1. Permitting 2. LEED documentation services 3. Rezoning and/or zoning waivers deemed necessary by the planning department 4. Public utility extensions 5. Construction testing 6. Irrigation design (Performance specification will be provided) 7. Stormwater detention design 8. Arboriculture RDG Planning & Design 1302 Howard Street Tel 402.392.0133 Omaha, Nebraska Fax 402.392.0413 www.rdgusa.com RDG IA Inc - 1 ,> rr f' . .. - LINNERSITT OF PRKA.SAs .. ' ' . : £ OFF ICE OF THE REGISTRAR l' - •. P50'RNJ CAMPUS WEST �_^ tI f' ••r��i,.+ IJI1NfVERSITY OF ARNAN$A$ W I �— qa - Cx. ��• Y ,yR, b y ram:,-�- c ok s — � • _ �� ate: .. •y t j � K ti 1 Ar ' fiANKER 1 � Ilk -- f p M' 7 \�M DONNELL n _ ..— —a— n—/ � 1 I f �❑ ' T ,� — � �� �I/i91'M21 Al .,, ...� SRN r . n, --d l '- _• •,JaI • �•-- ea�— full 1,IIL1$Aa Rp. MILLW RO. T { Syr' i" MILLSPPiCOLLEGE. INTERSECTION - u,I�MENig � P"^n Uum mmra P RAISING 4, �. f , CRNE"S YRLVOLINE I I 1 4 5 9 i 8 9 $0 11 12 10 14 15 19 17 t8 t9 10 21 22 1 ww F 1- pp- . COLDWELL VV � �� l i 1INC EWNK OF V 7 u~i ARKANSAS �� V I lu Ok VA �,• _ 1 I I /� I I �N9c.ruN �o �oarr I I � I 111 ! A'1 )1+00.00 cRO.:SLt 9• Ffw.0 eosw oe lz J Ava i na 1 MILISAP RD. ��--- x IV IF-�� •. iv.00 - =� �— rau«uwm ss i � � I t RAISlM1SG t CA1JE'I♦BURNS ' y �L 1'•��• i. r MIUS CO EGE. INTERSECTION 41 _ IMnrypyEMENTS 441 Z. J } ` PSI 136268 mmrsct J 0 E 1 J N Y N 0 P 1 k 3 4 5 9 7 9 9 t9 11 12 1S 14 1f 16 17 19 19 91 0 a PROPOSED R1G 4FM Y (WO) 1' 2�'d 1T•d ! S 1, 6' (• 5(g 1yp G EVWACE 1PSO1R16011NOLANE IIP HCRTH6 OU E 1 I x.l P6 O.S' I .HLE ^'4 1 A]I1, ._., C.C.C.58. (11PE 'b')lT'P.} PROrIE GRACE GGG86. (rYPEN(1•$j[11'P.) A' f�• a TYPICAL SECTION PROPOSED BACKAGE ST. STk 00+15. 11 - STA 09+94.33 PROPOSED CHURCH CONNECTION STA. 0-00.00 - STA 0+90.30 i r r N ' a� e _ S I 'ate t 8,4C�GE a ..w 11vN ti _ a dr r I } ...ram 1 I 1 - 1 1 1} I r7 I A 1 y 1 I ..tit r I I !•I .•�: � I I i �ti � II i ry� UiVIVER5ITY OF ARKANSAS OFFICE OF THE REGISTRAR '? " F a z All y, / n -------------- 4 .N7y f�• VURNS M V NNELL wio - ...2u 2t TRN • awe sRe ' MILLS COLLEGE. . INTERSECTION . IMnROVEMENTS r .. 1 f1 P CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 21, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director & City Engineer FROM: Justin Clay, Parking Manager DATE: November 24, 2021 CITY COUNCIL MEMO SUBJECT: Amending contract with IPS Group and approving a budget adjustment in the amount of $285,000 for the purchase of additional parking equipment and services RECOMMENDATION: Staff recommends amending its contract with IPS Group, Inc., to modernize the parking equipment and technology solutions offered by the City consistent with the Parking Master Plan and Ordinance 6475 of 2021. BACKGROUND: Resolution 124-18 of 2018, authorized the City to approve an agreement with IPS to upgrade its parking enforcement hardware and software and its permitting and event management solutions. That contract is set to expire in 2022 and this amendment would renew the contract for a period of five (5 years) with annual renewals for an additional five (5) years. On September 7, 2021, Ordinance 6475 was approved to allow for the following changes to the Downtown Business Parking District: • Allow for additional payment methods at on -street parking meters; • Allow for pay station payment at off-street parking lots; • Change on -street meter rates from $0.25/hr. to $0.50/hr.; • Change off-street meter rates from $0.15/hr. to 0.25/hr.; • Create a residential permit program for the Downtown Business District; and • Create a discount program for employees of downtown businesses The rate changes were necessary to fund additional parking technologies within the district and to cover the operational costs for those technologies. DISCUSSION: The City's existing vendor for enforcement and permitting, IPS, offers the necessary equipment and technologies identified to upgrade and improve the parking services in both the Downtown Business District, as well as the larger parking system. In addition to renewing the existing agreement for enforcement and permitting services, this resolution would authorize the immediate purchase, shipping, and installation of 260 on -street smart meters, 7 pay stations, and one mobile license -plate enforcement unit. This contract amendment would also recognize IPS Group, Inc. (IPS), as the preferred vendor for purchase of additional equipment and services as needed in the future (e.g. equipment for the new Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 parking deck and replacement of expiring equipment in the Entertainment Parking District) for a period of five (5) years with annual renewals for an additional five (5) years. IPS has been awarded Contract 05-36 for Parking Meters and Contract 05-49 for an integrated parking management system on the National Cooperative Purchasing Alliance. The NCPA is a national purchasing cooperative that allows the city to leverage the purchasing power of a nationally bid agreement. Staff recommends amending its contract with IPS to allow for implementation of the following equipment consistent with the Parking Master Plan: On -Street Meters: Staff recommends upgrading the single-space on -street parking meters in the Downtown Square Business District by replacing approximately 250 coin -operated mechanical meters with "smart' meters at each on -street parking location. Currently the on -street mechanical meters only accept coins, limiting the payment options available to users. The "smart' on -street parking meters increase payment methods to include credit card payment, contactless payment, and payment via mobile app while allowing for the continued use of coin payment. These smart meters are also outfitted with sensor technology which allows users to view, in real-time through a mobile app, where available parking spaces exist. The sensors also allow for a tailored approach to enforcement because staff will now know when a vehicle arrives at an on -street parking spot and can then offer a grace period to allow users to access parking spaces for short visits without having to pay the parking rate. Users can also extend their parking session remotely by entering their license plate into a mobile app. Additional benefits with pay -by -license plate management are described below. Cost: $188,125 2. Off -Street Pay Stations: To ensure consistent methods of payment with the on -street smart meters, staff recommends replacing the approximately 275 single-space meters in the five municipal surface parking lots with seven pay stations to allow for payment and permitting by license plate. Because these lots are utilized by many long-term parking permit holders, as opposed to transient parkers generating turnover, multi -space pay stations (similar to what is in place in the Dickson St. Entertainment District) are a much more cost-effective solution compared to installing a smart meter at each off-street parking space. Walkability will also be enhanced with the removal of single-space meters along sidewalks that are adjacent to parking lots. Transitioning to a pay -by -plate method for payment will allow for the same grace period options as the on -street sensors and will allow staff to enforce permits by license plate, thus foregoing the material and administrative costs associated with physical permits. Additionally, license -plate based parking allows users to prepay for their parking prior to their arrival since their parking session is now tied to a license plate rather than a specific meter or stall number and it allows parkers the convenience of moving from one space (or applicable lot) to another as long as they have an active parking session. Cost: $48,772.76 3. Mobile Enforcement Unit: To efficiently enforce payment by license plate, staff recommends installing cameras to read license plates on one of its enforcement vehicles. Cost: $32,955 Additional IPS products and services may be pursued in the future under this contract as well. These services include License Plate Recognition (LPR) Enforcement and Automated Guidance Systems. As funding allows, staff will look for opportunities to leverage resources to implement these products and services. LPR Camera Enforcement: To efficiently enforce a license plate management system, staff will pursue the installation of cameras where applicable in off-street parking facilities and outfitting one mobile unit with camera technology to read and enforce license plates. Automated Guidance System: Staff will pursue installing signage, where applicable, at its parking decks and other off-street parking facilities to display real-time parking availability. Staff views these recommendations as part of a larger vision to create one parking district that operates seamlessly throughout our expanding downtown with the flexibility to offer common sense parking services and solutions to existing and future businesses, residents, and activities. While rates and regulations may differ from one area of downtown to the next (e.g. Dickson Street vs. Block Avenue), customers, visitors, residents, and employees will have similar experiences and options when it comes to parking (e.g. payment methods, permits, signage, access to real-time availability, grace periods, etc.). These recommendations for modernizing parking solutions in the Downtown Business District are one aspect of this vision. Additionally, staff intends to outfit the new parking deck at Dickson/West with similar technology that would allow transient payment and prepayment by license plate, signage that indicates real-time parking availability, and the same grace periods previously discussed. As funding allows, staff recommends converting the remaining on and off-street parking facilities within the Entertainment District to function the same way, thereby creating a truly cohesive parking network. BUDGET/STAFF IMPACT: Funding for the capital outlay of these equipment upgrades for the Downtown Business Parking District is made possible by the dissolvement of the Off -Street Parking Development District and their transfer of assets to the City. The funds received may only be used for parking related items within the boundaries of the Off -Street Parking Development District. These boundaries are Spring Street on the north, College Avenue on the east, South Street on the south, and Locust Avenue on the West — these boundaries roughly mirror those of the Downtown Square Business Parking District. The capital outlay for the meter upgrades and mobile enforcement unit for the Downtown Business District is quoted at $269,852.76. Staff recommends authorizing an additional $15,147.24 for the purchase of spare parts and charging stations as quoted in the contract, bringing the total authorized capital outlay to $285,000. The estimated annual operational cost for these items is $65,000. These operational costs are offset by the rate changes approved in Ordinance 6475 of 2021. Additional staffing and operational efficiencies are also anticipated with these technology upgrades. Attachments: IPS Contract Amendment IPS Quote for Meters Budget Adjustment Resolution 124-18 of 2018 Ordinance 6475 of 2021 !P5 GROUP AMENDMENT 1 to PARKING ENFORCEMENT SOLUTIONS EQUIPMENT AND RELATED SERVICES This Amendment 1 for Parking Enforcement Solutions Equipment And Related Services ("Amendment 1") is made effective (the "Effective Date"), by and between City of Fayetteville, Arkansas an Municipal corporation (the "City"), and IPS GROUP, INC., a Pennsylvania corporation ("IPS"), collectively (the "Parties") with reference to the following: RECITALS WHEREAS, the City and IPS are party to an Agreement Effective as of May 15, 2018, and as the Parties wish to amend this Agreement and extend the term based on the following terms and conditions defined below: TERMS AND CONDITIONS 1. Term of Agreement. 1.1. Term. As the Initial Term has been completed, the Agreement shall be extended for a period of five (5) years that will terminate on April 15, 2024 unless otherwise extended according to the terms and conditions of the Agreement and this Amendment 1. 1.2. Option to Extend. City shall have the option to extend the term of the Agreement for 5 additional one (1) year increments. City shall notify IPS of its intention to exercise the option to extend the Agreement at least ninety (90) days prior to the end of each such term. 2. IPS Services. 2.1. Scope of Services & Pricing. Attachment A and Attachment B of the Agreement are hereby updated and replaced based on Attachment A and Attachment B included in this Amendment 1. In the case of any conflict, the Terms and Conditions section and any attachments included in this Amendment 1 shall supersede and prior agreement. Except as otherwise modified or amended by this Amendment 1, all other terms and conditions of the Agreement shall remain. Page 1 of 19 In witness whereof, the parties have caused this Agreement to be executed the day and year first above written. CITY of Fayetteville Bv: LIONELD JORDAN, Mayor Attest: By: Kara Paxton, City Clerk/Treasurer IPS: IPS GROUP, INC., a Pennsylvania corporation a, By: r CHAD P. RANDALL Chief Operating Officer Page 2 of 19 ATTACHMENT A SCOPE OF SERVICES, EQUIPMENT Mobile Enforcement System & Enforcement Management System Services and Equipment included: • 4 Mobile Enforcement hand-held devices and application with data plans (Verizon) + real time sync E • Access to EMS Citation Management system 0 F • Late Fee escalation processing 0 • Online Public Portal access 0 • Review, Hearing and Court Review tracking • Out-of-state processing • Enhanced notice features • Electronic address updates • Collections Permit Management System Services included: • Access to Permit Management system • Online Public Portal access for Monthly Employee permits • Re -occurring permit reminders to public • Automatic payment for Monthly Employee permits • Permit printout from Permit Management system • Integration as necessary • Cashiering system integration Event Module • Access to Event Management system • Online Public Portal access to Events • Permit printout from Permit Management system • Integration as necessary Page 3 of 19 Fayetteville, AR CONFIDENTIAL GROUP Parking Management System Fee Schedule tion Processing Fee for 25k citations annually - Includes: Mobile Enforcement Devices CITY: 4 N5 Data Plan All Weather Citations for Enforcement Device (up to 25,0000) $23,000 N/A trial Enforcement Device Support Version Updates City System License for EMS - Up to 10 Users Online Appeals Additional Fees/Services Enforcement Installation/Traning/ License fee Units One-time Pilot Price N/A Unit Price $10,000.00 NCPA Unit Price $9,000.00 All Weather Citation Paper Rolls (55 citations per roll) Per Roll N/A $6.00 $5.40 N5 Handheld Syr. Warranty Per unit N/A $785.00 $706.50 Additional N5's Per unit N/A $1,995.00 $1,795.00 N5 Carrying case Per Unit N/A $35.00 $31.50 N5 Charging Cradle and Hot Swap battery Per Unit N/A $299.00 $269.10 Handheld Support Per Unit N/A $60.00 Included Register owner Look -ups Citations 25,001-UP Per Unit N/A $1.00 $0.90 Per Unit n/a $2.00 $1.80 Plate Charges for Ticket Customization (One time fee) Per plate N/A trial $75.00 $67.50 Online & IVR Secure Credit Card Payments - Gateway Fee/ Online Customer Portal Annual Fee (Credit card fees not included) Upto 16,000transactions. Every transaction after 16,001wil1 be charge a 3% fee. Annual Fee N/A trial $15,000.00 $13,500.00 Additional Letters and Correspondence Per unit N/A trial $1.25 $1.13 IVR Solution (Optional) Per month N/A trial $250.00 $225.00 IVR Record & Store Calls (Optional) Per call N/A trial $0.50 $0.45 IVR Cal I Transcription (Optional) Per call N/A trial $1.00 $0.90 Estimated Travel Expenses for Installation Per trip N/A trial $2,000.00 $1,800.00 On -site training and installation Perday N/A trial $600.00 $540.00 Credit Reporting Collections of amount I collected N/Atrial 35% of amount I collected 35% of amount collected Page 4 of 19 Permit Management System Fee Schedule Permits One Time Setup Units Per unit Pilot Price N/A trial Unit Price $4,000.00 .X NCPA Unit Price ' E $3,600.00 Per Permit/Online & IVR Secure Credit Card Payments - Gateway Fee (Credfit cards fees not included) If volume goes over 2,500 Annual Fee N/A trial $11,000.00 $9,000.0C permits annually there will be a $4 per permit fee starting at 2,501. Permit Fulfillment (Verification) (No charge if City fulfills permit) Per unit N/A trial $1.00 $0.90 Per Letter (Includes postage)(No charge if City send letter) Per unit N/A trial $1.25 $1.13 Customization per hour Per hour N/A trial $125.00 $112.50 ModuleEvent One Time Setup Per unit N/A trial $3,000.00 $2,700.00 All inclusive ANNUAL Fee (Credit card fees not included) Based on 40k transactions. Anything over 50,001 transactions there will be a fee of $0.75 per transaction. Annual Fee N/A trial $24,500.00 $22,000.00 Customization per hour Per hour N/A trial $125.00 $112.50 Total Year One Fee $80,140 No Paper/ No Warranty Year 2-5 $62,500 No Paper/ No warranty All numbers are based on if City uses all Modules Credit card fees not included Page 5 of 19 SINGLE SPACE METER IPS single-space meters provide customers and their patrons with a simple and consistent parking user experience which is more cost-effective, customer -friendly, and more reliable than alternatives. The patented IPS solution uniquely provides a credit card enabled single-space meter. IPS smart meters offer multiple payment options (credit/debit card, optional contactless payment on MS'", coins, smart card, and tokens), access to real-time data, solar power technology, and a comprehensive web -based management system. Primary Features/Benefits: • Mechanism is protected by zinc alloy meter dome and UV resistant, anti -fog Lexan cover • Keypad has four easy -to -read buttons for intuitive payment navigation —rated at more than 250,000 cycles • LED lights on front and back of meter alert enforcement officers of meter status: paid (green), unpaid (red), and meter fault • Vandal resistant coin slot/chute allows for worry -free operation and quick servicing • Environmentally -friendly solar panel and combination rechargeable/back-up battery pack maximize ongoing power • Proven ability to operate under varying environmental conditions such as snow, sleet, rain, humidity, dust storms, extreme cold, and extreme heat • RFID technology automatically identifies the meter location and downloads the correct operating configurations • NOTE: M5Tm meter mechanism shown as installed into a meter housing. Meter housings/ vaults are sold separately. Other makes and models are available. rn Page 6 of 19 MS1TM PAY STATION The MS1T"^ incorporates the unique features of the ProvenT"° IPS single-space platform, while offering customer focused features such as IntelliTouchTM transaction processing. The MS1TM features robust hardware design, which includes a stainless -steel cabinet and scratch -resistant armored glass. Primary Features/Benefits: • Flexibility: The MS1T1' is available in pay -by -space, pay -and -display, and pay -by -plate models. A simple change of the keypad and a firmware update are all that are required. • Unparalleled Power Efficiency: Powered by environmentally - friendly solar panel and combination rechargeable and back-up battery pack to maximize ongoing power. • Guaranteed Quality: High security stainless steel housing with weather and graffiti -resistant powder coating make it both durable and easy to maintain. • Improved Visibility: Blue LED lighting above the display provides enhanced visibility for motorists, technicians, and collections staff. • Customer -Friendly Interface: IntelliTouch"' provides additional flexibility when completing a transaction. Users may begin the payment sequence in any order. The MS1T"° will then guide them through the transaction. • Dependability: Pay stations communicate wirelessly on the 4G cellular network, ensuring fast and reliable communications while processing secure credit card authorizations, wireless downloads of rates and messages, and transmissions to DMS. • Easy Maintenance: Modularly designed with the technician in mind for easy plug -and -play maintenance. • Future -proof Design: IPS Group's open interface provides seamless integration with third -party systems, such as enforcement, permitting, and ANPR (automatic number plate recognition) in order to further optimize parking operations. Page 7 of 19 MS3 TM PAY STATION The MS3TM pay station is the latest generation of unattended payment systems from IPS Group. The MS3TM Pay Station features a full -color screen with an optional touchscreen and provides your patrons with easy -to -read parking instructions in a vibrant showcase. For your staff, the MS3 ties into the powerful IPS Data Management System, allowing you in-depth analysis of parking data, full financial, administration and technical reporting and remote configuration. Primary Features/Benefits: • Flexibility: The MS3 is available in pay -by -space, pay -and -display, and pay -by -plate models. A simple change of the keypad and a firmware update are all that are required. • Robust Hardware Design: Highly secure, stainless steel cabinet is standard with weather and graffiti -resistant powder coating, providing maximum longevity. • Customer -Friendly Interface: 7-inch active matrix, high resolution color LCD display that can provide clear instructions to guide users through the transaction process. Fully customizable and configurable to allow touch screen operation for enhanced customer engagement. • Multiple Payment Options: Flexible payment options include credit/ debit card, coins, Smart Card, pay -by -cell integration, and NFC contactless payment with applications such as Apple Pay® and Google Pay®. • Security: Each unit contains a separate maintenance cabinet and collection vault. The cash box is housed in a secure vault that features a six -point locking system and a high -security electronic lock. • Unparalleled Power Efficiency: Powered by environmentally friendly solar panel and rechargeable combination battery to maximize ongoing power and uptime. • Improved Visibility: Blue LED lighting above the display provides enhanced visibility for motorists, technicians, and collections staff and optional rear LEDs for visual enforcement (pay -by -space). • Dependability: Pay stations communicate wirelessly on the 4G cellular network, ensuring fast and reliable communications while processing secure credit card authorizations, wireless downloads of rates and messages, and transmissions to DMS. • Easy Maintenance: Modularly designed with the technician in mind for easy plug -and -play maintenance. • Future -proof Design: IPS Group's software interface provides seamless integration with third -party systems, such as enforcement, permitting, and LPR (license plate recognition) to further optimize parking operations. Page 8 of 19 VECHICLE DETECTION SENSORS IPS Vehicle Detection Sensors reliably detect the presence and absence of a vehicle in a parking space, while recording arrival and departure times. IPS sensor data integrates seamlessly with the IPS data management system and third -party enforcement applications, creating a powerful system for monitoring real-time occupancy and analyzing parking trends. The IPS sensor uniquely directs all sensing information to the IPS parking meter cellular communications backbone, saving customers the hassle of installing additional network equipment and dramatically reducing the cost of ownership. The IPS sensor uses multiple sensing technologies to detect vehicles. Its unique design provides the most accurate data on the sensor market and allows for quick installation and servicing. NOTE: While the Sensors provide accurate data no sensor system can be 100% accurate because of many variable conditions such as inaccurate parking, line of sight interference, weather conditions, human intervention and many other factors not associated with the Sensor operation. Benefits of IPS Sensors • Ability to reset the meter to zero when a vehicle leaves the parking space. • Ability to prevent meter feeding, thereby generating turnover. • Ability to offer courtesy time resulting in positive public perception of the meters. • Access to real-time occupancy data. • Installed under the ground or in the meter dome, eliminating the need for additional infrastructure. • Proven to increase revenue. Dome Mount or Pole Mount (M5 only) • Non -intrusive installation —sensor is integrated directly into the meter dome • Easy access for maintenance and/or replacement • Configuration for any parking environment • Wireless connection to the IPS meter via cellular network —no additional infrastructure required • Pole mount design used with yokes, on meter poles and in applications where a dome mount sensor cannot be optimally installed. In Ground (M3 or M5) • Underground sensor contains both power source and antenna for a completely wireless solution • Wireless connection to the IPS meter via cellular network —no additional infrastructure required Page 9 of 19 DATA MANAGEMENT SYSTEM The IPS Data Management System (DMS) is a real-time, web -based application that allows parking professionals to remotely monitor their parking network from anywhere, at any time. Reporting & Analytics A comprehensive set of financial, technical, and administrative reporting features paired with remote meter configuration make the DMS both intuitive and powerful. DMS analytics creates a visual representation from large tables of data to help managers gain helpful insight into the patterns and trends of their parking program and leverage this information to derive future strategy and optimize systems. All reports are flexible with customized views for comparison purposes and/or to reveal "what -if' scenarios. With these fully integrated tools, customers can better manage the financial aspects of the Park's parking program. All reports can be exported into various formats, including XLS, CSV, and PDF. Seamless Integration The DMS allows managers to seamlessly integrate parking meters with vehicle detection sensors, pay -by -cell capability, and other smart applications. A standard web browser is the only tool required to access the DMS and to make changes/ configurations to the Park's meters. • Hardware requirements: IPS provides a hosted DMS; there is no local hardware required other than internet access. • Network requirements: IPS recommends a high-speed internet connection to the DMS service, such as cable or DSL access. • Operating system software requirements: An internet browser is the only tool required to access the system. Windows and Apple iOS are typical. • Browser requirements: Any current internet browser will be sufficient to access the IPS DMS. MS Explorer, Mozilla Firefox, Google Chrome, iOS supported browsers are all compatible, including mobile phone browsers. Primary Features • Real-time updates and live alerts • Customizable routes to maximize efficiency • Seamless integration with all IPS meters and sensors • Flexibility to use as much, or as little data as you choose • Ability to monitor meter health remotely • Analytics view options to turn data into usable charts • User profiles to control access • Compatibility with Android OS and Apple iOS Page 10 of 19 MOBILE APP PAYMENTS IPS offers its own integrated mobile app called PARK SMARTERT"" which works with IPS Smart Meters to bring greater efficiency and choices to the on -street parking customer experience and parking operations. (5 PERK SmaRTErr PARK SMARTERT" integrates with the DMS so that cities can manage parking policy with live alerts, reporting and data analytics across both meters and the mobile app. The app sends expiration notifications and allows the ability to add time to prevent parking ticket fines. Users can add multiple vehicles and credit cards under one account so business and personal parking is conveniently managed in one place. Key Features • Real-time notifications alert users in advance of parking expiration • Optimized with optional BLE connectivity to put time directly on the meter • Parking Finder provides direction to open parking spaces • Ability to pay and extend parking session remotely (if allowed by parking policy) • No convenience fees m v Q L IIl 0 '-?� .A azwr 5:36PM ® L ey 0 R1 0 ,T. .ei er%W 5'36 PM F Park Smarter Park Smarter c CURRENT SESSIONS PASTSESSIONS • Time Remaining 00-34-37 hours minutes seocods 10001 Zane San Diego icle RARC122 ce # 1001 Est, Start Time 06/061201617:36:21 Est End Time 061061201619:11:00 Total COM $0.89 LOCate My Vehicle Parking Success. Arn unc $D.83 Page 11of19 PRICING SINGLE-SPACE AND SENSORS Capital and Ongoing Costs Product/Service M5T" IPS Credit Card -Enabled Single -Space Meter (includes 12-month warranty, RFID tag)m per unit $495.00 Optional: Add BLE capability $65.00 Optional: Add NFC contactless payment capability $45.00 Shipping (Ex Works - to be quoted based on volume and ship to zip code) TBQ Installation and Training (to be quoted based on scope) TBQ Optional: Extended Warranty (per 12 month period) $50.00 Optional: Extended Warranty (48 month period) $170.00 M51" Ongoing Fees Option 1 Option 2 Secure Wireless Gateway/Data Fee and Meter Management $6.25 $8.75 System Software License Fee (per meter per month) Secure Credit Card Gateway Fee (per transaction) $0.13 $0.06 Optional: Merchant Processing Fees (per transaction) To be quoted based on volume Optional: API or Data Integration Services To be quoted based on need Vehicle Detection Sensors Capital and Ongoing Costs • •• In -Ground Vehicle Detection Sensors (includes 12-month warranty) per unit $295.00 Dome Mount Vehicle Detection Sensors (includes 12-month warranty) $295.00 Pole Mount Vehicle Detection Sensors (includes 12-month warranty) $295.00 Shipping (Ex Works - to be quoted based on ship to zip code) TBQ Installation (to be quoted based on scope) TBQ Vehicle Detection Sensors Ongoing Costs Cost per space per month Management System/Base Data Fee $3.50 Optional: Real Time Reporting Fee $3.00 Note: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics forAll Items Consumer Price Index forAll Urban Consumers (CPI-U) for the U.S. City Average compounded annually. Page 12 of 19 Spare Parts parking meter Spare Single Space Electronic Meter Mechanism $495.00 Card Entry Keypad Assy $55.00 Hybrid Card Reader $52.00 Coin Validator $75.00 Complete Top Cover (with Lexan insert) $75.00 Lexan for Top Cover $25.00 Coin Entry Slot $2.00 M5 Battery Pack (1-13) $35.00 M5 Battery Pack (1-15) (available on the 147/247 models only) $45.00 Solar Panel / Communications Board $185.00 Main Board $185.00 Display Board $95.00 Display Board with NFC $140.00 BLE Beacon Upgrade $65.00 RFID Tag $10.00 MKS Batter Charger (daisy chain charging unit) $125.00 Card Reader Cleaning Card featuring Waffletechnology® (40) per box $54.00 Note: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. Page 13of19 MULTI -SPACE METERS Multi -Space Price Per Unit IPS MS1TM Multi -Space Pay Station - Pay and Display, Pay -by -Space, or Pay -by - Plate (Monochrome Display, Card and Coin, Solar powered, Includes 12-month $5,850.00 warranty) IPS MS3T"° Multi -Space Pay Station - Pay and Display, Pay -by -Space, or Pay -by - Plate (Color Display, Card and Coin, Solar powered, Includes 12-month $6,600.00 warranty) Shipping and Installation (per unit) - During normal business hours. (Ex Works -to be quoted based on final scope of work. Concrete work is not TBQ included) Optional: Contactless Card Reader (NFC) $399.00 Optional: Additional Coin Box $195.00 Optional: Bill Note Acceptor (BNA) and 1 Stacker $1,250.00 Optional: Additional Bill Note Stacker $230.00 Optional: MS1 Extended Parts Warranty (per 12 month period) $295.00 Optional: MS3 Extended Parts Warranty (per 12 month period) $395.00 Ongoing • 1 Off -Street Secure Wireless Gateway/Data Fee and Meter Management $55.00 $25.00 / $55.00 System Software License Fee (per meter per month) Secure Credit Card Gateway Fee Included $0.13 / $0.06 (per transaction) Optional: Merchant Processing Fees (per transaction) To be quoted based on volume Optional: API or Data Integration Services To be quoted based on need Note: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics forAll Items Consumer Price Index forAll Urban Consumers CCPI-U) for the U.S. City Average compounded annually. Page 14 of 19 Spare Parts SpareParts Standard Card Reader Assembly $129.00 $149.00 AC power upgrade kit $150.00 $150.00 Coin Validator Assembly $75.00 $95.00 Solar Panel Replacement Kit $795.00 $895.00 Main Operating Board $995.00 $995.00 Bill Note Acceptor Assembly (with 600 note stacker)* $1,250.00 $1,250.00 Additional 600 note stacker cartridge* $230.00 $230.00 4G wireless modem assembly $250.00 $250.00 LCD Display only (monochrome) $295.00 n/a LCD Display only (color) n/a 1,100.00 Armored Display Glass $125.00 $125.00 Thermal Printer $795.00 $795.00 4-key Horizontal Keypad $69.00 n/a 4-key Vertical Keypad $69.00 n/a 6-key Horizontal Keypad $75.00 $75.00 Pay -by -Space Keypad Assembly $195.00 $195.00 Pay -by -Plate Alphanumeric Keypad Assembly $225.00 $225.00 Coin Shutter $195.00 $195.00 Contactless Payment Reader (NFC) $735.00 $735.00 E-lock $175.00 $175.00 Battery 32Ah (rechargeable) $324.00 n/a Battery 72Ah (rechargeable) $450.00 $450.00 Additional Large Coin Canister $195.00 $195.00 Additional Small Coin Canister $95.00 $95.00 Standard Paper Rolls (standard) approx 2000 3" tickets .0045" thick $25.00 $25.00 Sticky Back Paper Rolls approx. 2400 2.75 tickets .004 thick $30.00 $30.00 Note: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics forAll Items Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average compounded annually. Page 15of19 MOBILE PAYMENTS ParkSmarter'" Mobile Payment Solution Product/Service ParkSmarter'" mobile payment decals for SSPM $2.00 ParkSmarter'" mobile payment decals for MSM TBQ Decal Shipping TBQ On -site Setup and Installation see below Additional signage or scope of work to be quoted upon request TBQ On -site setup: IPS shall provide the City with instructions on how to setup / install decals in support of the ParkSmarter'" mobile payment application. However, IPS will send staff to provide installation and setup services. The costs for these services will be based on the costs of travel, rental car, hotel, and per diem expenses and will be added to the setup invoice at the completion of the service based on $950/day/person. Per transaction fees: IPS shall charge the City the same per transaction gateway fee as we currently charge for the meter program in place today. No additional convenience charges are required, but can be added to the user transaction if the City does not wish to pay this fee. Preferred Card Processing Rates: Using our own payment provider IPS can provide preferred pricing for small ticket mobile payment merchant processing. Quotes for this service are available upon request. Integration Services Implementation: IPS shall integrate with 3rd party enforcement software or IPS can provide the City with IPS enforcement software at prices not included in this proposal. If any city designated 3rd party charges IPS for such implementation, then those charges will be passed along to the City at IPS costs. Note: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics forAll Items Consumer Price Index forAll Urban Consumers CCPI-U) for the U.S. City Average compounded annually. Page 16 of 19 REPLACEMENT PARTS & REPAIR SERVICES: IPS shall provide warranty and non -warranty repair services based out of our office in San Diego, CA. For repair services not able to be first achieved on -site by the Customer or by phone, these meters will be returned to IPS at 7737 Kenamar Court, San Diego, CA, 92121, for repair or rework and IPS will endeavor to ship within 3-4 weeks of receipt, depending on the quantities received and work schedules. ALL RETURNS REQUIRE AN "RMA" NUMBER prior to shipment to IPS in order to avoid additional delays. An RMA may be requested by contacting the responsible IPS customer support manager, by contacting the IPS Help desk, phone ((877) 630- 6638 or (858) 404-0607) or email (customersupport@ipsgroupinc.com). All items returned to IPS must be securely package to avoid further damage in shipment and all shipments will be via Ground Freight Service unless expedited service and payment of associated fees are requested. Automated RMA tracking, including work performed to repair meters, can be viewed at any time using IPS meter management system. Product/Service per unit Space M3'" Non -Warranty repair work (includes parts/labor) $125.00 + shipping Single Space MST' Non -Warranty repair work (includes parts/labor) $95.00 + shipping Multi -Space MS1T"' To be quoted Non -Warranty repair work On -site technical services: shall be quoted to include labor, travel costs, $150 per accommodation, car rental and per diem costs. Spare Parts shall be quoted and hour or $950 added to final costs based on the identified needs. per day Shipping costs for any of the above shall be added to the final invoice Note: This pricing is FOB, IPS Group, San Diego, CA. Sales taxes and shipping charges will be added to the final invoice. IPS shall have the right to adjust Agreement pricing due to increases in Inflation as published by the US Bureau of Labor Statistics forAll Items Consumer Price Index forAll Urban Consumers CCPI-U) for the U.S. City Average compounded annually. Page 17of19 IPS Limited Warranty IPS will provide a limited parts warranty for any new meter or sensor product manufactured and supplied by IPS for 12 months under normal use. The warranty protects against defects in materials and workmanship from the point of installation or 15 months from the date of delivery, whichever is sooner, and 90 days from the date of delivery received in the case of spare or repaired products. Software Services are provided "as -is" and IPS shall provide bug fixes at no cost during the contract term. Additional Warranty Provisions: IPS must have the opportunity to assist in the initial deployment and system installation. Repair or replacement under warranty of any defective product (including any meter or subcomponent) does not extend the warranty period for that product or subcomponent. IPS will either repair or replace products or subcomponents, at our discretion, that are found to be defective within the defined warranty period, with transportation costs pre -paid by the customer. Returns for credit will only apply once IPS has received defective product (including any meter or subcomponent) and confirmed that defects were within the warranty period and are covered under the terms and conditions of the warranty provided. IPS strongly recommends that customers pre- purchase spare parts inventory for immediate access. Defective parts can be replaced immediately from customer stock and IPS shall replace such components upon receipt and determination of defect. On -site labor is explicitly not included in this limited warranty. Customer shall be sufficiently trained to perform all on -site work, including meter or sub -component removal/replacement. IPS can provide additional on -site services under a separate maintenance agreement or quoted on an as -needed basis. THE WARRANTIES CONTAINED IN THE AGREEMENT DOCUMENTS ARE IPS'S SOLE AND EXCLUSIVE WARRANTIES. THE EXTENT OF IPS'S LIABILITY FOR A WARRANTY CLAIM IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE EQUIPMENT OR DEFECTIVE SERVICE OR SOFTWARE AT THE SOLE OPTION OF IPS. IPS AFFIRMATIVELY EXCLUDES ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE EQUIPMENT AND/OR SERVICES OR SOFTWARE PROVIDED INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT IPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE) WHETHER ARISING BY LAW OR BY REASON OF CUSTOM OF THE TRADE. Exclusions: Warranty voided with use of imitation or non -genuine IPS replacement parts, un-authorized alterations, abuse, vandalism, improper installation by customer, handling or general misuse to the equipment (hardware or software), including attempted repairs that result in damage. Warranty specifically excludes any consummable items such as paper, batteries, etc. Software warranty is void if usernames and/or passwords are shared with 3rd parties, or allowance of 3rd party access to IPS software without IPS written consent. Force Majeure: IPS shall not be liable for any warranty provisions where such product failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, internet services or cellular telecommunication failures caused by any of the events or causes described above. IPS provides no warranty with respect to any 3rd party hardware or software, whether supplied in connection with this Agreement or otherwise. Preventative Maintenance: The primary operational elements will be a working battery, card reader, coin validator and printer (if applicable). All product surfaces should be kept clean with mild soap and water. No harsh chemicals should be used on any plastic surfaces. The card reader heads should be cleaned with a cleaning card every 1-2 months to ensure optimum performance. Cleaning cards may be purchased from IPS. Batteries should be replaced when notified by the IPS Data Management System. At 6 month increments, the coin validator shall be visually inspected for any damage or debris. Compressed air may be used to keep the card reader, coin acceptor or printer (if applicable) clear of debris, every 6 months. Additional preventative maintenance shall be administered by customer staff at such time as it is apparent to be necessary, even if it should occur on a more frequent basis than described herein. Page 18 of 19 1P5 PROJECT QUOTATION We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project: Qty Item # Description (1) CDMT3-112-RHD 3-Camera Tablet -Based ReaperHD Mobile LPR System Hardware: Qty=2 6mm lens package Qty=1 8mm lens package Ruggedized Tablet with Docking Station Keyboard/Mouse POE switch GPS Antenna Software: CarDetector Mobile LPR software application for MDC unit o LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including video tool set Subtotal Price (Excluding sales tax) $19,825.00 Qty Item # Description (3) CAM -MOUNT- Universal LPR Camera Mounting Bracket FLAT-ASSY-SET . RAM Ball Mount with Flat Base Mounted directly to vehicle surface o Requires drilling Includes Locking Plate, Thumb Screw and Locking Screw One per camera Subtotal Price (Excluding sales tax) $585.00 1P5 Qty Item # Description (1) TAB-CTAHO-01 RAM Base Plate and Pole for Chevy Tahoe RAM Base Plate and Pole for Chevy Tahoe for mounting of the docking station and keyboard/mouse Subtotal Price (Excluding sales tax) $575.00 Qty Item # Description (1) CDMS34HWW 3-Camera Mobile LPR System - Extended Hardware Warranty - Years 2 through 5 Full mobile LPR hardware component replacement warranty Applies to 3-Camera hardware system kit Valid for 4 years from standard warranty expiration Subtotal Price (Excluding sales tax) $8,190.00 Qty Item # Description (1) VSBSCSVC-01 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments Managed/hosted server account services by Vigilant o Includes access to all LEARN or Client Portal and CarDetector software updates Priced per camera per year for up to 14 total camera units registered Requires new/existing Enterprise Service Agreement (ESA) Subtotal Price (Excluding sales tax) $2,048.00 Qty Item # Description (1) VS-VPS-PT-01 Parking Enforcement System Toolkit Annual fee per -system Toolkit enables Vigilant LPR systems to receive alerts on chalking (timed parking) violations as well as whitelist violations for vehicles that have not paid, do not have permits, or are otherwise not on a registered list of vehicles Included with a Vigilant Mobile System Subscription Subtotal Price (Excluding sales tax) $1,300.00 1P5 Qty Item # Description (1) SSU-SYS-COM Vigilant System Start Up & Commissioning of'In Field' LPR system Vigilant technician to visit customer site Includes system start up, configuration and commissioning of LPR system Applies to mobile (1 System) and fixed (1 Camera) LPR systems Subtotal Price (Excluding sales tax) $1,140.00 Qty Item # Description (1) VS -INSTALL Field installation services for 2-camera mobile LPR system. Subtotal Price (Excluding sales tax) $2,470.00 Qty Item # Description (1) VS-SHP-01 Vigilant Shipping Charges Applies to each Mobile LPR System Shipping Method is FOB Shipping Subtotal Price (Excluding sales tax) $170.00 Quote Notes: 1. All prices are quoted in USD and will remain firm and in effect for 60 days. 2. Returns or exchanges will incur a 15% restocking fee. 3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee. 4. System proposed can perform permit, time limit, and scofflaw enforcement. 5. Sales Tax is not included in the quote. 1PS G/�OUP 6. Does not include in -vehicle cellular hotspot (MIFI / Cradlepoint) - You have one year of factory warranty with every purchase. Extended warranty is available for years 2-5. This purchase must be made with the original procurement or within the year one factory warranty period for all the additional years you wish to cover. It is not a year by year renewal. --- Final Total Price (Excluding sales tax) 1 $36,473.00 1P5 PROJECT QUOTATION We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project: Qty Item # Description (2) VSF-050-L5F L5F Fixed LPR Camera with Sun Shield - 50mm Lens with Camera Cable • Dual -lens camera with infrared LEDs for plate illumination up to 130' capture distance and up to 2 lane coverage • Internal trigger for capture of plate alphanumerics, vehicle make and model • Camera housing with included sunshield is IP67 rated for reliable use in varied weather conditions 60' camera cable included Includes CarDetector LPR software for local server hosting LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including data analytics Subtotal Price (Excluding sales tax) $13,510.00 Qty Item # Description (1) BCAV1 F2-C600- Vigilant Fixed Camera Communications Box -Windows W • Manages power and communications for up to four (4) Vigilant fixed LPR cameras • Includes modem for communication with cellular carriers o SIM Card not included • Windows Build Subtotal Price (Excluding sales tax) $3,373.00 Qty Item # Description (2) VS-FX-UNI- Fixed LPR Camera Bracket POLE -WALL- . Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK BRKT_REV_B REV B UPR ARM ASSY POLE & WALL MOUNT BLK Subtotal Price (Excluding sales tax) $728.00 1P5 Qty Item # Description (2) CDFS-4HWW Fixed Camera LPR System - Extended Hardware Warranty - Year 2 through 5 Fixed LPR System LPR hardware component replacement warranty Applies to 1-Channel hardware system kit Valid for 4 years from standard warranty expiration Subtotal Price (Excluding sales tax) $4,400.00 Qty Item # Description (1) VSBSCSVC-01 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments Managed/hosted server account services by Vigilant o Includes access to all LEARN or Client Portal and CarDetector software updates Priced per camera per year for up to 14 total camera units registered Requires new/existing Enterprise Service Agreement (ESA) Subtotal Price (Excluding sales tax) $1,118.00 Qty Item # Description (1) VS-VPS-PT-01 Parking Enforcement System Toolkit Annual fee per -system Toolkit enables Vigilant LPR systems to receive alerts on chalking (timed parking) violations as well as whitelist violations for vehicles that have not paid, do not have permits, or are otherwise not on a registered list of vehicles Included with a Vigilant Mobile System Subscription Subtotal Price (Excluding sales tax) $1,040.00 1P5 Qty Item # Description (1) VS- Client Portal Account CLIENTPORTAL- . Vigilant Client Portal account for management of client -owned LPR H data and systems Management of users, data sharing and access control permissions Use of Vigilant's patented analytic tools Subtotal Price (Excluding sales tax) $0.00 Qty Item # Description (2) VS-VPS-PI-INT Parking Integration Enables integration for payment validation using LPR Integration allows for credentials to be entered into the Client Portal software for synchronization of parking locations and paid vehicles to Vigilant LPR systems Annual fee, per integration Subtotal Price (Excluding sales tax) $2,080.00 Qty Item # Description (1) TAS-UL Target Alert Service - LPR Alert Delivery Software - Unlimited User • Real Time LPR notification and mapping software sends LPR alerts to any in -network PC • Send Alerts over any communication protocol including LAN, WAN, internet wireless, etc. Server Client software compatible with all Vigilant CDFS applications Subtotal Price (Excluding sales tax) $0.00 Qty Item # Description (1) SSU-LN-COM Vigilant Start Up & Configuration of Hosted/Managed Server Account New client account setup Required for all hosted/managed client accounts Subtotal Price (Excluding sales tax) $1,660.00 1P5 Qty Item # Description (2) SSU-SYS-COM Vigilant System Start Up & Commissioning of'In Field' LPR system Vigilant technician to visit customer site Includes system start up, configuration and commissioning of LPR system Applies to mobile (1 System) and fixed (1 Camera) LPR systems Subtotal Price (Excluding sales tax) $2,275.00 Qty Item # Description (1) VS-TRNG Vigilant End User Training • End user training for Vigilant products o Covers all client purchased applications o Includes classroom and field operation training • Vigilant certified technician to visit site and perform one training class Subtotal Price (Excluding sales tax) $1,625.00 Qty Item # Description (1) VS-TRVL-01 Vigilant Travel via Client Site Visit Vigilant certified technician to visit client site Includes all travel costs for onsite support services Subtotal Price (Excluding sales tax) $2,015.00 Qty Item # Description (2) VS-SHP-02 Vigilant Shipping Charges Applies to each fixed camera LPR System Shipping Method is FOB Shipping Subtotal Price (Excluding sales tax) $150.00 1P5 Qty Item # Description (1) ADD-2CAM- Price Per Ramp with 2-Cam EA. RAMP . Includes optional extended warranty. Subtotal Price (Excluding sales tax) $23,900.00 Quote Notes: 8. All prices are quoted in USD and will remain firm and in effect for 60 days. 9. Returns or exchanges will incur a 15% restocking fee. 10. Orders requiring immediate shipment may be subject to a 15% QuickShip fee. 11. System proposed can perform permit, time limit, and scofflaw enforcement. 12. Sales Tax is not included in the quote. 13. 2 Integrations 14. This price does not include physical installation for fixed camera solution. A sight walk needs to be performed before supplying budgetary pricing. 15. You have one year of factory warranty with every purchase. Extended warranty is available for years 2-5. This purchase must be made with the original procurement or within the year one factory warranty period for all the additional years you wish to cover. It is not a year by year renewal. --- Fin Total Price (Excluding sales tax) 1 $57,874.00 9 Ey � 6�9 49 Q ti O � H 9 O 7 C � C * N 000 000 oN0 0� 0EA iG C. � •L� Y3 69 M y a big i. R G d O ai y R 10/i 49 ° m `a O _ R s y L o z�s b�,s sus b�s d a as LO R u L y� L � e 7 y W L � s u C Q M ❑ O fA ❑ O 69 ❑ ❑ ❑ N O O N 69 69 y F y R � R ' y W Y W 0c0 a+ a O O R a a 'O •C � R � o as+ a a ° ' a° O O L V R 19 R a eC � Y d / j ■ J § ) ( 6 ) ) a \ g } o \ a ) Q ) ) 4 � ( § t 2 \ « t f 3 e ) c a §{\ � ))G � ))( � 4444 ! \ / j \ � . ) ) § 3 a 9 c a Q ] ATTACHMENT B SYSTEM SPECIFICATION Mobile Enforcement Device • N5 Print 3" - OS: Android v5.x.x - CPU: Quad -core 2.3GHz - Qualcomm Snapdragon 800 • Display - 5.7 in. Diagonal Super AMOLDED 1080x1920 pixels - Multitouch Capacitive, Rain resistant when shield is attached - Inductive Stylus (s-pen) - Contrast Ratio: 402 nominal, 2.307:1 • Network - 3g/4g Carrier Specific • Computing Platform - Samsung Galaxy Note 3 • Dimensions - W 4.73" - H 10.81" - D 2.62" • Weight - 29.92 oz with new full paper roll - 27.36 oz without paper roll • Batteries - Two Batteries ■ One Internal, Li -ion 3200 mAh battery ■ One Hot Swappable, Li -ion mAh • Memory - Internal: 16 GB - 3 GB RAM • Printer all -in -one - Direct Thermal - 203 dots/inch - Speed:50mm/Sec - Width: 2.8 inches • Camera - 13 MP color 941280096 pixels) - Autofocus - LED Flash - 1D/2D Barcode scanning • Power Connector - 3.5A Charging Port - MicroUSB v2.0 Page 19of19 1PS G1rUUP Bill To 7737 Kenamar Court, San Diego, CA 92121 Parking Division 416 W Spring St Fayetteville, AR 72703 IPS Sales Quote Date Quote # Customer Sub -Contractor 11/16/2021 IPS-2021- City of None 111696245 Fayetteville, Arkansas 691 Ship To Parking Division 416 W Spring St Fayetteville, AR 72703 Rep P.O. No. Terms FOB Contract JK Net 30 San Diego Item Description Qty Price Total Installation On -site Services 1 $13,300.00 $13,300.00 (2 Technician(s) - 7 Days) 395-504-SARM MK5 Model 895 SSPM Meter Mechanism 135 $795.00 $107,325.00 w/Stereoscopic w/NFC2 w/Radio 895-504-A Mk 5 Model 895 Meter with NFC2A and Top 125 $540.00 $67,500.00 Dome 967-057-3 MS3 Version 2.5 Multi -Space Pay Station - 7 $6,795.00 $47,565.00 Pay by Plate / Pay by Space (US Currency) CARD ONLY-Contactless-EMV 767-296 MS1/MS3 Standard Mounting Plinth 7 $00.00 $00.00 767-295 MS1/MS3 Standard Mounting Pedestal 7 $00.00 $00.00 767-089 MS1/MS3 Installation Hardware 7 $00.00 $00.00 N/A Coin Type: COINS 1 $00.00 $00.00 N/A Coin Slots: Dollar 1 $00.00 $00.00 N/A Card Decals: VISA,MASTER,AMERICAN 1 $00.00 $00.00 EXPRESS,DISCOVER N/A Coin Type: COINS 1 $00.00 $00.00 N/A Coin Slots: Dollar 1 $00.00 $00.00 Page 1/2 �PS7737 Kenamar Court, San Diego, CA 92121 G1rUUP Bill To Parking Division 416 W Spring St Fayetteville, AR 72703 IPS Sales Quote Date Quote # Customer Sub -Contractor 11/16/2021 IPS-2021- City of None 111696245 Fayetteville, Arkansas 691 Ship To Parking Division 416 W Spring St Fayetteville, AR 72703 Rep P.O. No. Terms FOB Contract JK Net 30 San Diego Item Description Qty Price Total N/A Card Decals: VISA,MASTER,AMERICAN 1 $00.00 $00.00 EXPRESS,DISCOVER N/A Card Decals: VISA,MASTER,AMERICAN 1 $00.00 $00.00 EXPRESS,DISCOVER Notes -Freight +FREIGHT CHARGES 1 $1,207.76 $1,207.76 (SHIPPING_FREIGHT_PRIORITY) Subtotal $236,897.76 Tax Exempted $0.00 (0.00%) Order Remarks: Grand Total $236,897.76 TERMS AND CONDITIONS: 1. Quote is stated in USD. Shipping and sales tax charges may apply. 2. Orders will not be submitted until a Purchase Order has been issued or a signed copy of the quote is received by IPS Group, Inc. If your company uses a blanket purchase order, please write the number in the 'P.O. No.' box near the top of the quote. 3. A signed copy of this quote must be returned to your sales representative for fixrther processing. Notification will be sent once the order is submitted for processing. 4. This quote expires 90 days after the date it was issued. 5. Additional installation services required will be charged $950/day per technician. 6. Training and Commissioning will be $1000 minimum on a new installation if applicable. 7. if you have any questions, or require further assistance please contact customer support by submitting your questions to the email address below. Signature Phone # Fax # E-mail 858-568-7648 858-408-7839 customersupport@ipsgroupinc.com Page 2/2 Page 2/2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 21, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director & City Engineer FROM: Justin Clay, Parking Manager DATE: November 24, 2021 CITY COUNCIL MEMO SUBJECT: Approving a software services agreement with ParkMobile, LLC for mobile payment solutions associated with parking transactions RECOMMENDATION: Staff recommends converting its mobile app provider from PayByPhone to ParkMobile for use in both the Downtown and Entertainment Districts. ParkMobile has been awarded contract 05-50 for its integrated parking management system on the National Cooperative Purchasing Alliance. The NCPA is a national purchasing cooperative that allows the city to leverage the purchasing power of a nationally bid agreement. BACKGROUND: In 2010, the City entered into a software service agreement with (then) Verrus Mobile Technologies to provide a pay -by -cell solution that allowed patrons visiting the Entertainment District to purchase parking and add additional time to their parking purchase, thus creating a more convenient payment method in addition to the parking pay station. A $0.35 transaction fee is passed on to the consumer using this service. The $0.35 transaction fee is recorded as revenue by the City and is then paid out monthly to the software service provider. Verrus Mobile Technologies has since been acquired by PayByPhone, a subsidiary of Volkswagen Financial Services AG. DISCUSSION: While PayByPhone has been a quality partner and solution for the City, advances have been made in mobile app technology since PayByPhone was first implemented over a decade ago. ParkMobile is an industry leader in parking and other multi -modal options and is commonly used throughout the U.S. thereby increasing the familiarization among visitors and new residents to Fayetteville. In addition, ParkMobile provides real-time parking availability data through its mobile app, offers reserved/prepaid and event management solutions, and allows for validation and coupon code entry. BUDGET/STAFF IMPACT: No budget or staff impact. The $0.35 transaction fee remains the same, is paid by the consumer, collected by the City as revenue, and then paid out to ParkMobile monthly. The same is true for the 10% service fee associated with reserved/prepaid parking. Attachments: ParkMobile Agreement PayByPhone Termination Ordinance 6145 of 2019 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Q ParkMobile ParkMobile Service Agreement This ParkMobile Service Agreement ("Agreement") is made by and between Parkmobile, LLC, a Delaware limited liability company, with offices at 1100 Spring St NW, Suite 200, Atlanta, GA 30309 ("ParkMobile") and City of Fayetteville, an Arkansas municipality, with offices at 113 W. Mountain St., Fayetteville, AR 72701 ("Client"). This Agreement will become effective as of the last signature date below (the "Effective Date"). In consideration of the mutual covenants and agreements set forth in this Agreement, the parties agree as follows: Legal Name: City of Fayetteville Legal Name: Parkmobile, LLC Contact: Justin Clay Sales Rep: Brooke Krieger Email: jclay@fayetteville-ar.gov Email: brooke.bustle@parkmobile.io Phone: 479-575-8277 Phone: 850-321-2074 Address: Address: City of Fayetteville Parkmobile, LLC 113 W. Mountain St. 1100 Spring St. NW Fayetteville, AR 72701 Suite 200 Atlanta, GA 30309 For legal notices: with a copy to ParkMobile's Legal Department at the above address and to legal-notices(@parkmobile.io. Services SERVICE TERMS ParkMobile will provide Client with the Services related to the following types of parking transactions: On -Demand, Reservations Initial Term 3 years beginning on the Effective Date Renewal On expiration of the Initial Term, this Agreement will automatically renew for additional successive one (1) year terms unless either party provides written notice of non -renewal at least sixty (60) days before the end of the then -current term. Termination Either party may terminate this Agreement effective immediately on written notice to the other party, if the breaching party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after the non - breaching party provides the breaching party with written notice of such breach. Merchant of Record The parties designate Client as the merchant of record. Client is responsible for the payment of payment processing and related fees. ParkMobile will pass real-time authorized debit/credit card transactions to Client's processing partner via a gateway solution. If Client elects to use a processing partner with which ParkMobile is not integrated, Client agrees to pay ParkMobile $0.05 per transaction for this service. ParkMobile will issue invoices to Client on a monthly basis for all fees due to ParkMobile under this Agreement. Client shall pay each invoice within thirty (30) days of the invoice date. PSA-LF Page 1 of 12 rev. 10/20 0 ParkMobile ParkMobile Service Agreement Parking Locations The Services will be provided to Client in the following locations / geographical territory: all Client locations Signage Client will receive one free welcome kit that includes the aluminum signs and/or decal stickers necessary to complete implementation (installation not included). All signage included in the welcome kit is designed using ParkMobile's standard signage templates. Custom signage may be made available to Client for purchase at ParkMobile's current signage rates. Any requested changes to ParkMobile's standard signage templates will be treated as custom signage. Additional and/or replacement signage may be purchased by Client at ParkMobile's then - current signage rates. Installation and maintenance of all signage is Client's sole responsibility. Governing Law State of Arkansas Schedules This Agreement incorporates the following Schedules: Schedule 1: Client General Terms and Conditions; Schedule 2: Services; Schedule 3: Client Electronic Funds Authorization Form ADDITIONAL Call Center & Customer Support WAIVED Client Support & Maintenance WAIVED Hosting WAIVED Enforcement Portal WAIVED Reporting Portal WAIVED Marketing & Advertising WAIVED PSA-LF Page 2 of 12 rev. 10/20 Q ParkMobile The parties have executed this Agreement as of the Effective Date. CITY OF FAYETTEVILLE By: Name: Title: Date: PSA-LF Page 3 of 12 rev. 10/20 ParkMobile Service Agreement PARKMOBILE LC By: t�4Name: CA Title: Date: I 1118 a.Oa 1 Q ParkMobile ParkMobile Service Agreement SCHEDULEII: CLIENT GENERAL TERMS & CONDITIONS 1. SERVICES 1.1 General. During the term, ParkMobile will provide the Services to Client in accordance with the terms and 2.3 conditions of this Agreement. 1.2 Launch Date. The parties will mutually agree upon the launch date for the Services. 1.3 ParkMobile Application. On and after the launch date, Client's Parking Locations, along with associated Parking Information, will be made available to the general public through the ParkMobile Application. 1.4 Parking Management Services. Subject to the license granted in Section 2, Client will be provided access to the Platform to manage Client's Parking Locations and associated Parking Information. 1.5 Parking Locations. The parties agree that ParkMobile does not own, operate, manage, or maintain any Parking Location. Client agrees that ParkMobile is not responsible for the condition or operation of any Parking Location, including, but not limited to, the operation of third -party hardware and/or software -based solutions used by Client at the Parking Location or for the delivery and/or fulfillment of parking or other services at the Parking Location. 1.6 Publicity of Services. Each party will use commercially reasonable efforts to market the Services throughout the Term. All brochures and promotional material to be distributed by Client will be in a form mutually agreed upon 2.4 by the parties, which will not be unreasonably withheld or delayed. 1.7 Exclusivity. Throughout the term, the parties agree that ParkMobile will be the exclusive provider of electronic payment parking services for Client. 1.8 PCI DSS. ParkMobile has obtained, and will continue to maintain throughout the term, Payment Card Industry — Data Security Standard (PCI DSS) certification. 1.9 Online Client General Terms & Conditions. The parties agree that this Agreement supersedes the Client General Terms and Conditions that is publicly available at https://parkmobile.io/client-terms with respect to the Services provided under this Agreement. 2. ACCESS & USE OF PLATFORM 2.1 Provision of Access. Subject to and conditioned on Client's and its Authorized Users' compliance with the terms and conditions of this Agreement, all applicable laws and regulations, and Client's payment of fees, ParkMobile grants Client a non-exclusive, non -transferable right to access and use the Platform during the Term. Such use is limited to Client's internal use. ParkMobile will provide Client the Access Credentials within a reasonable time following the Effective Date. 2.2 Documentation License. ParkMobile hereby grants to Client a non-exclusive, non-sublicensable, non -transferable license to use the Documentation during the Term solely for Client's internal business purposes in connection with its use of the Services. Use Restrictions. Client will not, directly or indirectly, and will not permit any third party to, access or use the Platform except as expressly permitted by this Agreement. For purposes of clarity and without limiting the generality of the foregoing, Client shall not, except as this Agreement expressly permits: (a) copy, modify, or create derivative works of the Platform or Documentation, in whole or in part; (b) rent, lease, copy, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform or Documentation to any person or entity; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform, in whole or in part; (d) bypass or breach any security device or protection used by the Platform or access or use the Platform other than by an Authorized User through the use of his or her own then valid Access Credentials; (e) remove any proprietary notices from the Platform or Documentation; (f) use the Platform or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any IP Right or other right of any person, or that violates any applicable law; (g) upload invalid data, malware, or other software agents through the Platform; or (h) use the Platform for any purpose beyond the scope of the access granted in this Agreement. Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to (including any license under) any IP Rights in or relating to, the Services, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Services are and will remain with ParkMobile. 2.5 Changes. ParkMobile reserves the right, in its sole discretion, to make any changes to the Services that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of ParkMobile's services to its customers; (ii) the competitive strength of or market for ParkMobile's services; or (iii) the Services' cost efficiency or performance; or (b) to comply with applicable law. 2.6 Suspension or Termination of Services. Notwithstanding anything to the contrary in this Agreement, ParkMobile may suspend, terminate, or otherwise Client's, any Authorized User's, or any other person's access to or use of all or any part of the Services, without incurring any resulting obligation or liability, if: (a) ParkMobile receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires ParkMobile to do so; or (b) ParkMobile believes, in its good faith and sole discretion, that (i) Client or any Authorized User has failed to comply with any material term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement; (ii) Client or any Authorized User is, has been, or is likely to be using the Services for fraudulent, misleading, or unlawful activities; (iii) there is a threat or attack on any of the Services; (iv) PSA-LF Page 4 of 12 rev. 10/20 Q ParkMobile ParkMobile Service Agreement Client's or any Authorized User's use of the Services 4.3 End -User Support. ParkMobile will provide customer disrupts or poses a security risk to ParkMobile or to any support for ParkMobile Users 24 hours a day, seven days other client, end user, vendor or partner of ParkMobile; or a week, 365 days a year. There are multiple methods that (v) this Agreement expires or is terminated. This Section ParkMobile Users can access customer support, such as: does not limit any of ParkMobile's other rights or remedies, ParkMobile's online ticketing system, in-app chat feature, whether at law, in equity, or under this Agreement. and toll -free phone number. 3. CLIENT RESPONSIBILITIES 5. CONFIDENTIAL INFORMATION 3.1 Use of Platform Account. Client is responsible and liable 5.1 for all uses of the Platform resulting from access provided by Client, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Client must notify ParkMobile immediately of any breach of security or unauthorized use of Client's account. 3.2 Parking Information. Client is responsible for setting all rates, zones, and other required information regarding its Parking Locations offered through the ParkMobile Application and for keeping such information up to date within the Platform. General. Neither party will disclose the other party's Confidential Information except to its employees, affiliates, agents, or professional advisors ("Representatives") who need to know it and who have a legal obligation to keep it confidential. The receiving party will use the disclosing party's Confidential Information only to exercise rights and fulfill obligations under this Agreement. The receiving party will ensure that its Representatives are also subject to the same non -disclosure and use obligations. The receiving party may disclose the other party's Confidential Information when required by law after giving reasonable notice to the disclosing party, if permitted by law. 3.3 Effect of Client Failure or Delay. ParkMobile is not 5.2 Personal Data. In the event a party discloses Personal responsible or liable for any delay or failure of performance Data to the other party, the receiving party will have the right caused in whole or in part by Client's delay in performing, to use the Personal Data only as required and necessary to or failure to perform, any of its obligations under this perform its obligations under this Agreement. Agreement. 4. SERVICE AND SUPPORT 4.1 Scheduled Maintenance. ParkMobile will use commercially reasonable efforts to schedule downtime for routine maintenance of the Services between the hours of 12:00 a.m. and 4:00 a.m., Eastern Time; however, ParkMobile may modify this window from time -to -time by providing Client with advance notice. If ParkMobile anticipates that it will need to perform maintenance activities that are likely to be disruptive to the use of the Services outside of the scheduled maintenance window, ParkMobile will use commercially reasonable efforts to give Client at least 24 hours prior notice. Notwithstanding the foregoing, ParkMobile reserves the right to perform any required emergency maintenance work outside of the scheduled maintenance window. To the extent practicable, ParkMobile will use commercially reasonable efforts to notify Client before commencing any emergency maintenance outside of the scheduled maintenance window and will use commercially reasonable efforts to limit or avoid impact to use of the Services. 4.2 Client Support. ParkMobile will use commercially reasonable efforts to assist Client with any technical support that Client may reasonably require in using the Services. ParkMobile will provide technical support for rate and configuration changes to Client Monday — Friday (excluding holidays) between the hours of 8:00 a.m. and 6:00 p.m. (ET). For issues relating to On -Demand Parking Services, Client may submit a support request via email to support(a_parkmobile.io. For issues relating to Reservation Parking Services, Client may submit a support request via email to prs(a)_parkmobile.io. ParkMobile will provide Client with emergency technical support 24 hours a day, seven days a week, 365 days a year. In the event of an emergency involving technical and/or system availability issues, Client may contact the on -call engineer via email to applicationsupport(a)parkmobile.io. 6. INTELLECTUAL PROPERTY OWNERSHIP 6.1 Client Data. Client Data remains the sole and exclusive property of Client. Client grants ParkMobile a perpetual, irrevocable, royalty -free license to use Client Data in connection with the Services. 6.2 Client Brand Features. Client grants to ParkMobile a nonexclusive, nonsublicensable, nontransferable, royalty free license during the term to display Client's Brand Features in connection with providing and/or marketing the Services. ParkMobile will not make any use of Client's Brand Features in a manner that dilutes, tarnishes or blurs the value of such Brand Features. 6.3 ParkMobile IP. Client acknowledges that, as between Client and ParkMobile, ParkMobile owns all right, title, and interest, including all IP Rights, in and to the Services, including but not limited to the ParkMobile Application and the Platform. 6.4 ParkMobile Brand Features. ParkMobile grants to Client a nonexclusive, nonsublicensable, nontransferable, royalty free license during the term to display ParkMobile's Brand Features in connection with the Services, subject to ParkMobile's Brand Guidelines available at https://parkmobile. io/company/parkmobile-media- assets/logos/. Client will not make any use of ParkMobile's Brand Features in a manner that dilutes, tarnishes or blurs the value of such Brand Features. 6.5 ParkMobile User Data. ParkMobile User Data remains the sole and exclusive property of ParkMobile. ParkMobile may sublicense certain ParkMobile User Data to Client upon Client's execution of ParkMobile's Data Protection Agreement. Client will not, directly or indirectly: (i) sell or resell ParkMobile User Data in any capacity or form; (ii) create any derivative work using ParkMobile User Data; or (iii) use ParkMobile User Data for purposes other than those specifically allowed in this Agreement. PSA-LF Page 5 of 12 rev. 10/20 Q ParkMobile Notwithstanding the foregoing, the parties acknowledge and agree that ParkMobile will not sublicense or provide any PCI Data to Client. 6.6 Resultant Data. Resultant Data remains the sole and exclusive property of ParkMobile. ParkMobile grants Client a revocable, royalty -free, non-exclusive, non -assignable, non -transferable license to applicable Resultant Data for the duration of the term only for Client's internal use in connection with the Services. 6.7 Reservation of Rights. ParkMobile reserves all rights not expressly granted to Client in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Client or any third party any IP Rights or other right, title, or interest in or to the ParkMobile Application and/or the Platform. 041 s1;7_,VJ' I=1k!k1 7.1 Fees. Client shall pay ParkMobile the fees set forth in the Agreement that incorporates these Client General Terms & Conditions ("Fees") in accordance with this Section 7. 7.2 Payment Terms. The parties designate Client as the merchant of record. Client is responsible for the payment of payment processing and related fees. ParkMobile will pass real-time authorized debit/credit card transactions to Client via a gateway solution. Client agrees to pay ParkMobile $0.05 per transaction for this service. ParkMobile will issue invoices to Client on a monthly basis for all fees due to ParkMobile under this Agreement. Client shall pay each invoice within thirty (30) days of the invoice date. Client shall make all payments hereunder in US dollars to the address or account specified on the applicable invoice. 7.3 Taxes. All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Client hereunder, other than any taxes imposed on ParkMobile's income. 7.4 Late Payments. If Client fails to make any payment when due then, in addition to all other remedies that may be available: (a) ParkMobile may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (b) Client shall reimburse ParkMobile for all costs incurred by ParkMobile in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (c) if such failure continues for thirty (30) days following written notice thereof, ParkMobile may suspend performance of the Services until all past due amounts and interest thereon have been paid, without incurring any obligation or liability to Client or any other person by reason of such suspension. 7.5 No Deductions or Setoffs. All amounts payable to ParkMobile under this Agreement shall be paid by Client to ParkMobile in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any ParkMobile Service Agreement reason (other than any deduction or withholding of tax as may be required by applicable law). 7.6 Fee Increases. ParkMobile may increase Fees for any contract year, by providing written notice to Client at least sixty (60) calendar days written notice. 7.7 Limited Payment Agent. Client appoints ParkMobile as its agent for the limited purpose of receiving, holding, and settling payments made by ParkMobile Users to Client in connection with the Services. Client acknowledges and agrees that receipt of payment from ParkMobile Users in connection with the Services by ParkMobile shall be deemed the same as receipt by Client itself. E: 0=I;J A *i=104kIf-A1101il&1/_lil111 1-,1:7:7-3 ilkII=F? 8.1 Mutual. Each party represents, warrants and covenants to the other party that: (a) it is duly organized, validly existing, and in good standing as a corporation or other legal entity under the laws of the jurisdiction of its incorporation or other organization; (b) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (c) the representative that is executing this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and (d) when executed and delivered by both parties, this Agreement will constitute the legal, valid, and binding obligation of such party, enforceable against such party in accordance with its terms. 8.2 ParkMobile. ParkMobile represents, warrants, and covenants to Client that ParkMobile will perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligations under this Agreement. 8.3 Disclaimers. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 8.1 AND SECTION 8.2, ALL SERVICES ARE PROVIDED "AS IS." PARKMOBILE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON - INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, PARKMOBILE DOES NOT WARRANT THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL BE UNINTERRUPTED OR ERROR - FREE. PARKMOBILE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. 9. INDEMNIFICATION 9.1 Mutual. Each party will indemnify, defend, and hold harmless the other party from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred as a result from any third -party claim, suit, action, or proceeding ("Third -Party Claim") to the extent it arises from a breach of the PSA-LF Page 6 of 12 rev. 10/20 Q ParkMobile indemnifying party's representations and warranties under this Agreement. 9.2 ParkMobile. ParkMobile will indemnify, defend, and hold harmless Client from and against any and all Losses incurred by Client resulting from any Third -Party Claim that the Platform or any use of the Platform in accordance with this Agreement, infringes or misappropriates such third party's IP Rights, provided that Client promptly notifies ParkMobile in writing of the claim, cooperates with ParkMobile, and allows ParkMobile sole authority to control the defense and settlement of such claim. 9.3 Client. Client will indemnify, defend, and hold harmless ParkMobile from and against any and all Losses incurred by ParkMobile resulting from any Third -Party Claim arising out of Client's disclosure or use of ParkMobile User Data in violation of this Agreement. 9.4 Mitigation. If any of the Services are claimed to, or in ParkMobile's opinion are likely to, infringe, misappropriate, or otherwise violate any third -party IP Rights, or if Client's use of the Services is enjoined or threatened to be enjoined, ParkMobile may, at its option and sole cost and expense: (a) obtain the right for Client to continue to use the Services as contemplated by this Agreement; (b) modify or replace the Services, in whole or in part, to seek to make the Services (as so modified or replaced) non -infringing, while providing equivalent features and functionality, in which case such modifications or replacements will constitute the Services, as applicable, under this Agreement; or (c) by written notice to Client, terminate this Agreement and require Client to immediately cease any use of the Services. 9.5 Sole Remedy. THIS SECTION 9 SETS FORTH CLIENT'S SOLE REMEDIES AND PARKMOBILE'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES OR ANY SUBJECT MATTER OF THIS AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 10.1 Exclusion of Damages. EXCEPT AS OTHERWISE PROVIDED IN SECTION 10.3, IN NO EVENT WILL PARKMOBILE OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (B) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (C) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (D) COST OF REPLACEMENT GOODS OR SERVICES; (E) LOSS OF GOODWILL OR REPUTATION; OR (F) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY ParkMobile Service Agreement OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 10.2 Cap on Monetary Liability. EXCEPT AS OTHERWISE PROVIDED IN SECTION 10.3, IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF PARKMOBILE ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED ONE TIMES THE TOTAL AMOUNTS PAID TO PARKMOBILE UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 10.3 Exceptions. The exclusions and limitations in Section 10.1 and Section 10.2 do not apply to ParkMobile's obligations under Section 9 or liability for ParkMobile's gross negligence or willful misconduct. 11. RESERVED 12.1 Assignment. Client shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance under this Agreement, in each case whether voluntary, involuntarily, by operation of law, or otherwise, without ParkMobile's prior written consent. No assignment, delegation, or transfer will relieve Client of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section 12.1 is void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. 12.2 Severability. If a court of competent jurisdiction holds any term or provision of this Agreement to be invalid, illegal or unenforceable, the rest of the Agreement will remain in effect. 12.3 Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. 12.4 Notices. Any notice or communication permitted or required under this Agreement must be in writing and will be deemed received by the addressee: (a) when received, if delivered by hand with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; (c) when sent, if by email (with confirmation of transmission), if sent during the addressee's normal business hours, and on the next business day, if sent after the addressee's normal business hours; and (d) on the third business day after the date mailed by certified or registered mail, return receipt requested, postage prepaid. Notices must be sent to the attention of the respective party's legal department at the address set forth at the beginning of this Agreement or such other address as either party may specific in writing. Any notice permitted PSA-LF Page 7 of 12 rev. 10/20 Q ParkMobile or required under this Agreement that is sent to ParkMobile shall also be sent via email to legal-notices((Dparkmobile.io. 12.5 Governing Law. This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Arkansas, United States of America (including its statutes of limitations). 12.6 Amendment; Waivers. Any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement. No waiver by any party will be effective unless explicitly set forth in writing and signed by the party so waiving. No terms or conditions stated in a Client purchase order, vendor onboarding process or web portal, or any other Client order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void, notwithstanding any language to the contrary therein, whether signed before or after this Agreement. 12.7 Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 12.8 Third -Party Beneficiaries. There are no third -party beneficiaries under this Agreement. 12.9 Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay Fees) if the delay or failure results from any cause beyond such party's reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. 12.10 Independent Contractors. The parties to this Agreement are independent contractors. The parties do not intend, and nothing in this Agreement should be construed, to create or enter into any partnership, joint venture, employment, franchise, agency, or similar relationship. Neither party has the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent. 12.11 Export Control. Client will comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, Client: (i) represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; (ii) will not (and will not permit any third parties to) access or use any Service in violation of any U.S. export embargo, prohibition or restriction, and (iii) will not submit to any Service any information that is controlled under the U.S. International Traffic in Arms Regulation. ParkMobile Service Agreement 12.12 Interpretation. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Schedules referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein. 12.13 Counterparts. The parties may execute this Agreement in counterparts, including PDF and other electronic copies, which taken together will constitute one instrument. 0=IJ[kill I163 I "Access Credentials" means any user name, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device, used alone or in combination, to verify an individual's identity and authorization to access and use the Platform. "Authorized User" means Client's employee, consultant, contractor, and agent who is authorized by Client to access and use the Platform under the rights granted to Client pursuant to this Agreement. "Brand Features" means a party's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. "Client Data" means any data specific to Client's operation that is provided by Client to ParkMobile to be used in the provision of Services that is not available to ParkMobile publicly or by other means. "Confidential Information" means information that one party (or an affiliate) discloses to the other party under this Agreement, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations or becomes public through no fault of the recipient. "Documentation" means any manuals, instructions, or other documents or materials that ParkMobile provides or makes available to Client in any form or medium and which describe the functionality, components, features, or requirements of the Services. "IP Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world. "Parking Information' means parking zones, parking rates, parking restrictions, selected payment methods, and other information necessary for the provision of the Services for a specific Parking Location. "Parking Location" means the location or locations of Client's on -street parking, off-street parking, reservation parking, parking lots, parking decks, permitted parking, and other facilities where ParkMobile Users may park. PSA-LF Page 8 of 12 rev. 10/20 Q ParkMobile "ParkMobile Application" means any and all mobile and/or web applications, services, or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile and that are made available to the general public and that facilities the payment of parking transactions. "ParkMobile User" means an end user that uses the ParkMobile Application. "ParkMobile User Data" means information, data, and other content, in any form or media, that is submitted, posted, or otherwise transmitted by or on behalf of a ParkMobile User, directly or indirectly, through the ParkMobile Application. TCI Data" means, as applicable, payment card number, cardholder name, expiration date, card verification code or value, service code, and/or security -related information used to authenticate cardholders and/or authorize payment card transactions "Personal Data" means (i) any information about an identified or identifiable individual; or (ii) information that is not specifically about an identifiable individual but, when combined with other information, may identify an individual. Personal Data includes names, email addresses, postal addresses, telephone numbers, government identification numbers, financial account numbers, payment card information, license plate information, online identifiers (including IP addresses and cookie identifiers), network and hardware identifiers, geolocation information, and any information that constitutes "personal data" or "personal information" within the meaning of any relevant and applicable data privacy or protection laws. "Platform" means access -controlled mobile and/or web applications, services or interfaces developed, hosted, or managed by, on behalf of, or in partnership with ParkMobile that are made available to Client to administer, configure, manage and/or monitor parking sessions, parking rates, and/or parking restrictions associated with Client's Parking Locations. "Resultant Data" means data and information related to Client's, Authorized Users' and/or ParkMobile Users' use of the Services that is used by ParkMobile in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. "Services" means the ParkMobile Application, the Platform, and all other services provided by ParkMobile under this Agreement. ParkMobile Service Agreement PSA-LF Page 9 of 12 rev. 10/20 Q ParkMobile SCHEDULE 2: SERVICES ON -DEMAND PARKING SERVICES ParkMobile Service Agreement ParkMobile offers a service to ParkMobile Users that facilitates the activation of and payment for on -demand parking using the ParkMobile Application ("On -Demand Parking'). ParkMobile Users may begin and, if applicable, end a parking transaction in a variety of ways: (1) visiting https://app.parkmobile.io; (2) calling ParkMobile's IVR System, or (3) using the ParkMobile Application. In order to register with ParkMobile and begin a parking session, a consumer simply provide ParkMobile with the information required by ParkMobile to create an account, including payment method information and license plate number. Thereafter, subsequent parking sessions only require the ParkMobile User to enter or select the applicable parking duration available for the applicable location. The parking zone code of the Client parking areas are indicated on parking signs or on parking meters. Enforcers of the Client check the validity of parking status real time against the Platform via a web service offering, provided as part of the Services, to determine if a valid parking right exists. This information can be accessed by using a handheld terminal, mobile device or personal digital assistant (PDA). ParkMobile does not provide or pay for Client's use of handheld terminals, mobile devices or PDAs for enforcement or any data plans or other items needed for communication between such items and the Services. At their option, ParkMobile Users will receive parking alert services from ParkMobile via SMS, ParkMobile Application push notification or email. The ParkMobile User may be notified, for example, when parked for an extended period of time or when the maximum parking time nears expiration. ParkMobile Users can use On -Demand Parking anywhere the Services are available. All parking charges are automatically charged to the ParkMobile User's payment method, and ParkMobile Users have real time access to an online account -based personal page accessible from https://app.parkmobile.io to access and print parking history, receipts, and statements. RESERVATION PARKING SERVICES ParkMobile offers a service to ParkMobile Users that facilitates the activation of and payment for reservation parking using the ParkMobile Application ("Reservation Parking"). For each Parking Location that the parties agree to on -board for Reservation Parking Services, ParkMobile shall make the Parking Location's parking inventory available for sale through the ParkMobile Application and shall market and advertise such availability. The number of parking spaces and corresponding reservation periods and parking rates making up the parking inventory shall be specified by Client and may be altered by Client at any time for unreserved parking inventory. Responsibilities of Client. In order for ParkMobile to provide Reservation Parking Services, Client shall maintain an agreed upon number of parking spaces or transportation services at the Parking Location which shall be maintained at all times unless ParkMobile is notified otherwise in writing by Client. If access to the Parking Location is denied for any reason other than a ParkMobile User's error or failure to abide by Client's rules and regulations, Client agrees to forfeit its share of the applicable parking fee and authorizes ParkMobile to refund the entire Parking Fee to the ParkMobile User. If access to the Parking Location is denied because of a ParkMobile User's error or failure to abide by Client's rules and regulations, no Parking Fees will be refunded to the ParkMobile User. Client shall promote and market the Services through mutually agreed upon methods which shall include: PSA-LF Page 10 of 12 rev. 10/20 Q ParkMobile ParkMobile Service Agreement o a persistent, prominent "call to action" link/button on the parking and/or transportation pages of the Parking Location website(s) that directs users to the Client -branded website created by ParkMobile (e.g. a "Reserve Parking Now" button); o Embedded content on the parking and/or transportation pages of the Parking Location website(s) describing why and how to reserve parking through ParkMobile (e.g. FAQs, videos, etc.), such content to be provided by ParkMobile; and o mentions in emails promoting the Parking Location, including "know before you go" emails, all of which shall include a "call to action" to reserve event parking and link to the Client -branded website created by ParkMobile. Client agrees to use commercially reasonable efforts to obtain for ParkMobile a license to use photo and video assets of the Parking Location (where Client is not the Parking Location owner) and any tenants of a Parking Location in connection with ParkMobile's marketing of the Services as available at such Parking Location. PSA-LF Page 11 of 12 rev. 10/20 ParkMobile ParkMobile Service Agreement SCHEDULE 3: CLIENT ELECTRONIC FUNDS AUTHORIZATION FORM This form authorizes Parkmobile, LLC to make payment to a business electronically. All payments will be paid in the account designated by the voided check or bank letter attached to this form. It is the responsibility of Client to notify ParkMobile of any changes pertinent to electronic payments, such as changes in banking information or email address. PAYEE/CLIENT INFORMATION CLIENT NAME: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: PRIMARY FINANCE CONTACT EMAIL: SECONDARY FINANCE CONTACT EMAIL: SIGNATURE & TITLE OF AUTHORIZED OFFICIAL: FINANCIAL INSTITUTION INFORMATION BANK NAME: ADDRESS: CONTACT PERSON: TELEPHONE: EMAIL: NINE DIGIT ROUTING TRANSIT NUMBER: DEPOSITOR ACCOUNT TITLE: DEPOSITOR ACCOUNT NUMBER: TYPE OF ACCOUNT: PLEASE BE SURE TO ATTACH A VOIDED CHECK OR BANK LETTER TO VERIFY THE ABOVE ACCOUNT INFORMATION This form authorizes Parkmobile, LLC to send credit entries and appropriate debit and adjustment entries electronically or by any other commercially accepted method to the account indicated above and to other accounts specified by Client in the future (collectively, the "Account"). This form authorizes the financial institution holding the Account to post all such entries. This authorization will be in effect until ParkMobile receives a written termination notice from Client and has a reasonable opportunity to act on it. PSA-LF Page 12 of 12 rev. 10/20 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 21, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director & City Engineer FROM: Justin Clay, Parking Manager DATE: November 23, 2021 SUBJECT: Staff recommends approving an agreement with AMG Solutions to provide merchant processing services and authorizing the Mayor to sign the associated merchant processor applications RECOMMENDATION: Staff recommends approving the attached agreement with AMG Payment Solutions to consolidate its credit card processor for all parking -related credit card payments. BACKGROUND: In 2019, the City implemented IPS Group Inc.'s hosted online payment website to allow parking citations to be paid online. AMG, and its partnership with First Merchant Data Services, currently provides credit card processing services for IPS Group related to its online citation payment portal. The Division currently uses TSYS payment solutions for credit card processing related to payment at pay stations and through the parking payment mobile app. IPS Group Inc. hosts the payment website and remits payments to the City directly through our bank via Automated Clearing House (ACH) transfer. DISCUSSION: The Parking Division would like to consolidate its processor for all current and future parking -related credit card purchases. AMG/First Data Merchant Services specializes in high volume, low dollar amount transactions and has preferred interchange pricing in effect on regulated debit card transactions (which represent nearly 50% of all card transactions). City staff estimates the transition to AMG will save the City 20%-25% savings in on processing fees (approximately $24,000 annually). AMG Payment Solutions has been awarded Contract 11-46 for Merchant Processing Services on the National Cooperative Purchasing Alliance. The NCPA is a national purchasing cooperative that allows the city to leverage the purchasing power of a nationally bid agreement. BUDGET/STAFF IMPACT: No budget impacts. Savings on credit card processing fees are estimated at $24,000 annually. If this agreement is approved, City staff will work with AMG and its partner, First Data Merchant Services, to setup a weekly ACH transfer to the City's bank. ATTACHMENTS: AMG Payment Solutions agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 amgPAYMENT SOLUTIONS November 23, 2021 City of Fayetteville Arkansas 113 West Mountain Street Fayetteville, AR 72701 RE: Agreement for Merchant Processing Services This agreement ("Agreement") confirms that AMG Payment Solutions ("AMG") will be providing merchant processing services to the City of Fayetteville Arkansas ("City") parking operations. AMG will establish merchant accounts for the City through AMG's ISO relationship with First Data Merchant Services / Fisery ("First Data / Fiserv") at pricing of Interchange plus $0.05 per transaction. "Interchange Fees" (based on card type) and "Card Association Fees" (Visa/MasterCard/Discover) are a pass through from First Data / Fisery to the City. The City will execute a standard AMG merchant account application ("AMG Application") for each required merchant account. The AMG Application and a copy of the First Data / Fisery program guide ("Program Guide") has been provided to the City for review. The Program Guide is the governing legal document for all City merchant accounts opened by AMG. Any subsequent (revised) versions of the Program Guide issued by First Data / Fisery will be provided to the City in a timely manner, but no later than 30 days. Current Interchange Fees, Card Association Fees and any other pass -through fees from the various card programs are available on their respective websites. Interchange Fees and Card Association Fees are reviewed on a semi-annual basis and subject to change. Any changes to Interchange Fees or Card Association Fees will be disclosed to the City on the month end processing statement. City merchant accounts, as applicable will be set up by AMG to qualify for Preferred Interchange pricing of 1.70% + $0.05 ("Preferred Interchange") on small ticket regulated debit card transactions. AMG agrees that City merchant accounts (as applicable) will include Preferred Interchange for as long as Preferred Interchange is made available to AMG. AMG's pricing over Interchange ($0.05) will not change for the life of the contract between the City and First Data / Fiserv. There is no early termination fee associated with any City merchant accounts opened by AMG. Please see below for additional details on the Statement of Work: amgPAYMENT SOLUTIONS AMG will provide no cost conversion assistance and training to the City. Your appointed AMG lead relationship manager will be available throughout the entire role out process and on an ongoing basis to answer all credit card processing related questions. Ongoing consulting is always part of the AMG engagement process. AMG maintains a flexible and efficient implementation process that assigns dedicated resources to all client relationships. Our dedicated team of professionals routinely manages and supervises large, complex conversions of clients, such as the City. The objectives of this team are to: • Manage projects comprehensively, from initial scope to the final rollout and beyond • Provide a single point of contact for the client during the implementation life cycle • Ensure new AMG merchants are properly boarded, fully trained, and processing to client's satisfaction Michael Mintz will be the lead relationship manager to the City. The lead relationship manager will: • Manage the City's implementation through all phases • Manage recurring meetings with the City to ensure that deliverables are met • Maintain and communicate all schedules and action items • Audit all internal systems and departments to proactively prevent implementation issues • Coordinate all training and support teams • Review the reconciliation process with the City through the first statement cycle AMG handles customer services contacts Monday -Friday from gam — 9pm EST. AMG agents are well versed in all parking hardware and will be able to assist immediately. Off hour support is provided by First Data 24/7/365 and the AMG lead relationship manager. Program Start Up • Review client implementation requirements for all collection terminals Parking Meters / Pay Stations • Identify associated payment gateways and system requirements • Identify required VAR sheet information • AMG handles communication and set up with vendors (as applicable and instructed by the City) Mobile app (regardless of vendor) • Identify associated payment gateways and system requirements • Identify required VAR sheet information • AMG handles communication and set up with vendor (as applicable and instructed by the City) Deployment Process • Kick off Call with AMG and City stakeholders amgPAYMENT SOLUTIONS • Provide City with applicable merchant account application documents • Review merchant account application documents with City and answer any questions • Review completed merchant account applications with City and advise of changes that need to be made (if applicable) • Submit completed merchant account applications to underwriting for approval • Monitor merchant application approval process • Advise City when merchant accounts are approved • Provide City with unique account number to every merchant account and merchant location for transaction tracking and identification • Complete required VAR sheets for meters, pay stations and mobile pay • Communicate with PaybyPhone to ensure timely implementation of VAR sheet information / new merchant account "go live" date • AMG handles this entire process for City (as applicable and instructed by the City) AMG's client boarding process can be completed in as little as 10 days. We have factored in 2 weeks for City to internally review the merchant account applications and discuss. Training Training will be conducted via webinar Confidentiality/Security Protocols AMG agrees to abide by the same Confidentiality requirements found in paragraph 28 of the (Attached) Program Guide. Hold Harmless The City shall not be liable for any actions by AMG, its employees, agents, successors, and assigns and AMG agrees to hold the City harmless for the same. AMG shall not be liable for any actions by the City, its employees, agents, successors, and assigns and the City agrees to hold AMG harmless for the same. Assignment AMG shall not assign this agreement without the City's express consent. Entire Agreement This Agreement, together with the exhibits and/or schedules referenced and attached thereto, contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules. amgPAYMENT SOLUTIONS Choice of Law The agreement between AMG and the City shall be governed by and construed in accordance with the laws of the state of Maryland, without regard to its choice of law's provisions. Termination Notwithstanding any other provisions in the Program Guide, the City reserves the right to terminate this agreement with 60 days written notice. Otherwise, this Agreement will remain in effect for one calendar year, with two options to renew for an additional year. Any subsequent awards must be reviewed and passed by the City Commission to become valid. Termination will not relieve the City of making payment for services rendered by AMG. To the extent anything in the Program Guide related to termination contradicts this Agreement, this Agreement shall control. Date: Authorized and Accepted By: City of Fayetteville AR: AMG: /s/ /s/ 41ZI � �rL Print: Print: Adam Gili son Title: Title: CEO City of Fayetteville AR AMG Payment Solutions