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Agenda 11/17/16 PLEASE TURN OFF ALL CELL PHONES AGENDA WEST MEMPHIS CITY COUNCIL NOVEMBER 17, 2016 PRAYER: CALL TO ORDER: ROLL CALL: BID OPENING: CIVIC CENTER-CARPET BIDS-MRS. KIM WILLIAMS TOURISM-TWO NEW SOLAR POWERED WEST MEMPHIS WELCOME SIGNS-MR JIM JACKSON MINUTES: APPROVE OR CORRECT MINUTES OF NOVEMBER 3, 2016 OLD BUSINESS: 3RD READING OF AN ORDINANCE TO AMEND CHAPTER 3.04 OF THE WEST MEMPHIS MUNICIPAL CODE REGARDING THE COLLECTION AND ENFORCEMENT OF THE ADVERTISING AND PROMOTION TAX AND FOR OTHER PURPOSES NEW BUSINESS: R-1 A RESOLUTION APPROVING THE SELECTION OF AN ENGINEERING FIRM AND APPROVING AN AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES REQUIRED TO PREPARE PLANS, SPECIFICATIONS AND BID DOCUMENTS, TO ASSIST WITH THE PUBLIC BIDDING PROCESS AND TO PROVIDE TYPICAL CONSRUCTION ADMINISTRATIVE SERVICES FOR ANEW LIBRARY BUILDIG OF APPROXIMATELY 12,000-14,000 SQUARE FEET,AND FOR OTHER PURPOSES R-2 A RESOLUTIONAPPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH CRS ENGINEERS FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR THE RAILROAD EXPANSION AND IMPROVEMENTS ASSOCIATED WITH THE TIGER IV GRANT. PERMISSION REQUEST: PERMISSION FOR THE MAYOR TO SIGN OFFER AND ACCEPTANCE AGREEMENT TO PURCHASE PROPERTY FROM J& P FLASH FOR PUBLIC LIBRARY SITE AT 304 AND 324 E. BROADWAY IN THE AMOUNT NOT TO EXCEED $325,000.00 DISTRIBUTION OF DOG TRACK FUNDS COMMITTEE REPORTS: APPOINTMENTS: ANNOUNCEMENTS: CITIZENS REQUEST: ADJOURNMENT: MINUTES WEST MEMPHIS CITY COUNCIL November 3, 2016 A regular meeting of the West Memphis City Council was held on Thursday, November 3,2016 at 1:30 p.m. in the City Council Chambers at City Hall, 205 S. Redding, West Memphis, Arkansas. Invocation was given by Pastor Larry Brown of 8th Street Mission. Mayor Johnson called the meeting to order at 1:35 p.m. Phillip Para, City Clerk, called the roll. Those present were: Mayor William H. Johnson, City Attorney David Peeples, City Treasurer Frank Martin and Councilors Melanie Hutchinson, Lorraine Robinson, Tracy Catt, James Pulliaum, Ramona Taylor, Helen Harris, James Holt. Marco Mc McClenden (arrived late) Absent were: Councilors Taz Tyrone and Willis Mondy. Quorum being present, Mayor Johnson proceeded with the meeting. BID OPENINGS NONE MINUTES Councilor Catt moved, seconded by Councilor Pulliaum to dispense with the reading of the Minutes of October 20, 2016 City Council Meeting and approve them as submitted. Upon voice vote, the voting was unanimous. OLD BUSINESS 2"d READING OF AN ORDINANCE TO AMEND CHAPTER 3.04 OF THE WEST MEMPHIS MUNICIPAL CODE REGARDING THE COLLECTION AND ENFORCEMENT OF THE ADVERTISING AND PROMOTION TAX AND FOR OTHER PURPOSES City Attorney David Peeples read the Ordinance for the SECOND TIME. NEW BUSINESS • Councilor Pulliaum moved, seconded by Councilor Taylor to suspend the rules and read 0-1, 0-2 and 0-3 by title only. Upon voice vote, the voting was unanimous. 0-1 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR AUDIO VISUAL UPGRADES AT THE EUGENE WOODS CIVIC CENTER TO BE PROVIDED BY DIVERSIFIED/TECHNICAL INNOVATIONS, AND FOR OTHER PURPOSES. City Attorney David Peeples read the Ordinance for the FIRST TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to further suspend the rules and place the Ordinance on the third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2419 0-2 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 1299 KUHN ROAD, ALLOWING FUTURE EXPANSION OF A SANITARY LANDFILL, AND ASSOCIATED ACTIVITIES, IN THE CITY OF WEST MEMPHIS, CVE CONSERVATION EXTRA-TERRITORIAL, ZONING DISTRICT OF THE CITY OF WEST MEMPHIS, CRITTENDEDN COUNTY, ARKANSAS. City Attorney David Peeples read the Ordinance for the FIRST TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to further suspend the rules and place the Ordinance on the third and final reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the THIRD and FINAL TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2420 Councilor Marco McClenden arrived 0-3 AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE POWER SUPPLY AGREEMENT WITH NRG POWER MARKETING, LLC. IN ORDER TO ALLOW SAID COMPANY TO SUPPLY POWER FOR THE CITY OF WEST MEMPHIS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES City Attorney David Peeples read the Ordinance for the FIRST TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to suspend the rules and place the Ordinance on the second reading. Upon voice vote, the voting was unanimous. City Attorney Peeples read the Ordinance for the SECOND TIME. Councilor Pulliaum made a motion, seconded by Councilor Harris to further suspend the rules and place the Ordinance on the third and final reading. City Attorney Peeples read the Ordinance for the THIRD and FINAL TIME. Mayor Johnson asked for an explanation of the Ordinance prior to voting. Mr. John Rimmer General Manager of the West Memphis Utility office turned the floor over to Mr. Steve Stein, a representative for nFront Power Industry Consultants, for the explanation of the Request for Power Supply Proposal (RFP) process. The lowest bid was by the current energy provider for the City of West Memphis NRG at a 17% lower bid with a four-year contract. NRG has provided the power for the City of West Memphis since 2011. Mr. Rimmer said that the RFP was presented to the Utility Commission prior to the City Council Meeting for their approval to present to the City Council for final approval. After further discussion Councilor Harris made a motion, seconded by Councilor Pulliaum, to approve the Ordinance. Upon voice vote, the voting was unanimous. The Ordinance was adopted and assigned No. 2421. Councilor McClendon moved, seconded by Councilor Pulliaum to adopt an Emergency Clause under Section 3 for Ordinance 0-3, because the reduced rate was only good for 24 hours. Upon voice vote, the voting was unanimous. PERMISSION REQUEST PLANNING COMMISSION RECOMMENDATIONS DATED OCTOBER 28, 2016 (SEE MATRERIAL IN PACKETS) Councilor Harris made a motion, seconded by Councilor Pulliaum to approve the Planning Commission recommendations upon voice vote, the voting was unanimous. ANNOUNCEMENTS Public Works- Councilor Taylor said Public Works met on Tuesday November 1, 2016 the recycle for October was 14,900 lbs. Southland Drive concrete has been poured and they will be starting on the shoulder work soon. The overlay was finished on October 24, 2016 and came in $12,000.00 dollars under budget. The sanitation department disposed of 700 tires in the last week and they have started to pick up some of the illegally dumped tires. The commission heard a presentation from QStar Tech about using security cameras to help curb the city's illegal dumping problem. Code Enforcement is conducting a City sweep to identify dilapidated structures that need to be addressed. Councilor Robinson said that she would like to see the east end of Broadway looking better, in an effort to improve the appearance for the people coming into the city to enjoy the bike trails. Airport Commission Councilor Robinson- presented the Airport Commission report. Councilor Robinson introduced Ms. Candra Suiter, Manager of the West Memphis Airport. Councilor Robinson reported that the Master Plan updates should be completed in the next few weeks. The amendment of the south apron expansion has been presented. The engineering fees were approved by the commission for this project for $420,798.00 dollars that is 11.9 % of the total projected cost of the project. Advertising and bidding will begin after January 1, 2017.The Airport Commission has approved installation of a new HVAC system for hanger two. BUDGET COMMISSION Councilor Catt presented the budget report. Councilor Catt said that the sales tax data is down compared to this time last year by 21,000.00 dollars, but is still well above the budget at $109,000.00 dollars. The sales tax from Southland Gaming has continued to grow and should come in at a projected amount of$450.000.00 dollars over the budget by the end of the year. Packages for budget have been given to all department heads. The packets will be returned to City Treasurer Frank Martin and a budget will be prepared and given to council members by the last meeting in November. ANNOUNCEMENTS Councilor Harris thanked everyone that contributed and participated in the Breast Cancer Race. Councilor Harris said due to the generous contributions made by Councilor Pulliaum, Councilor Mondy, Corner of Life and the Golden Senior Day Care they raised the most money for this area. Councilor Harris said the race was very successful. Councilor Harris announced that there will be a prayer brunch at Lake Grove Baptist Church on November 12, 2016 at 10: 00 am and invited everyone to come out and fellowship and eat. Councilor Pulliaum stated that he has had several inquiries into the status of the Roberta Jackson Neighborhood Center. Councilor Pulliaum said they are working on it. Counselor Pulliaum has solicited the help of Councilor Catt with getting the numbers together to be presented to individuals that have expressed an interest of commitment. Councilor Pulliaum is asking for everyone to be patient as they go through the process. CITIZENS REQUEST None Having no further business to come before the City Council, Councilor Pulliaum made a motion, seconded by Councilor Harris to adjourn. Upon voice vote, the voting was unanimous. The meeting adjourned at 1:40 pm. PASSED and APPROVED THIS 17TH day of November, 2016. William H. Johnson, Mayor ATTEST: Phillip Para, City Clerk Minutes prepared by Patricia Lane, Jr. Deputy City Clerk RESOLUTION NO. A RESOLUTION APPROVING THE SELECTION OF AN ENGINEERING FIRM AND APPROVING AN AGREEMENT FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES REQUIRED TO PREPARE PLANS, SPECIFICATIONS AND BID DOCUMENTS, TO ASSIST WITH THE PUBLIC BIDDING PROCESS AND TO PROVIDE TYPICAL CONSTRUCTION ADMINISTRATIVE SERVICES FOR A NEW LIBRARY BUILDING OF APPROXIMATELY 12,000 - 14,000 SQUARE FEET, AND FOR OTHER PURPOSES. WHEREAS; Arkansas Code Annotated Section 19-11-801, et seq.,provides the procedure for the selection and negotiation of contracts for professional services, including professional engineering services; and WHEREAS, competitive bidding for the procurement of professional engineering services is prohibited; and WHEREAS, the City of West Memphis and the West Memphis Public Library Board of Trustees are in need of architectural and engineering design services required to prepare plans, specifications and bid documents, to assist with the public bidding process and to provide typical construction administrative services for a new library building of approximately 12,000 - 14,000 square feet; and WHEREAS,the West Memphis Public Library Board of Trustees has reviewed and evaluated the current statements of qualifications and performance data on file, selected the required number of firms and negotiated a contract with the firm considered the best qualified and capable of performing the desired work, that being Allen & Hoshall of Arkansas, PLLC; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS,that the selection of Allen&Hoshall of Arkansas, PLLC, to provide engineering services to the City of West Memphis for architectural and engineering design services required to prepare plans, specifications and bid documents,to assist with the public bidding process and to provide typical construction administrative services for a new library building of approximately 12,000 - 14,000 square feet is hereby approved and the Mayor and the City Clerk are hereby authorized to execute the necessary contracts on behalf of he City of West Memphis for the professional services to be provided by Allen & Hoshall of Arkansas, PLLC. ADOPTED this day of , 2016. William H. Johnson, Mayor ATTEST: Phillip Para, City Clerk RECEIVED City Clerk's Office 9 �� tt,..„710,AIADocument B102 - 2007 Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect's Services AGREEMENT made as of the'17th day of NOVEMBER in the year 2016 ADDITIONS AND DELETIONS: BETWEEN the Owner; The author of this document has added information needed for its ( CITY OF WEST MEMPHIS,ARKANSAS completion.The author may also 205 SOUTH REDOING have revised the text of the original WEST MEMPHIS,AR 72301 AIA standard form.An Additions and Deletions Report that notes added and the Architect: information as well as revisions to the standard form text is available ALLEN&HOSHALL OF ARKANSAS,PLLC from the author and should be 1661 INTERNATIONAL DRIVE SUITE 100 reviewed.A vertical line in the left MEMPI ITS, TN 35120 margin of this document indicates where the author has added necessary information and where for the following Project; the author has added to or deleted from the original AIA text. NEW LIBRARY BUILDING This document has important legal WEST MEMPHIS,ARKANSAS consequences.Consultation with an attorney is encouraged with respect to its completion or modification, The Owner and Architect agree as follows. Init. AIA Document 8102'"-2007 Ifarmeriy B141'" 1997 Part 11.Copyright e'1917,1926 1948,1951,1953,1958,1961,1963,1966,1867,1970,1974,1977, 1987,199'7 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:59:57 on 11/09/2016 under Order No.0332506638_1 which expires on 10/14/2017,and is not for resale. User Notes: (963266640) TABLE OF ARTICLES 1 ARCHITECT'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION 7 MISCELLANEOUS PROVISIONS 8 SPECIAL TERMS AND CONDITIONS 9 SCOPE OF THE AGREEMENT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES § 1,1 The Architect shall provide the following professional services: (Describe the scope of the Architect's services or identify an exhibit or scope of services document setting forth the Architect's services and incorporated into this document in Section 9.2) PROVIDE ARCHITECTURAL AND ENGINEERING DESIGN SERVICES REQUIRED TO PREPARE PLANS, SPECIFICATIONS AND BID DOCUMENTS;ASSIST OWNER THROUGH PUB:t,IC BIDDING PROCESS AND.PROVIDE TYPICAL CONSTRUCTION ADMINISTRATION SERVICES FOR A NEW LIBRARY BUILDING OF APPROXIMATELY 12,000 14,000 SQUARE FEET. § 1.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project § 1.4 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains,the Owner shall reimburse the Architect for any additional cost: (•ldentiflr types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) See attached Certificate of Insurance. ,1 General Liability .2 Automobile Liability ,3 Workers' Compensation Init. ADA bocument B1tix`"-20117(formerly B14#W" 1957 Pert 1).Copynght4n 1917,1929,1948,1051 1953, 1658,461,1963,1066,191;7,;70,1974,1077. 11447,1007 and 2007 by The Arneri rrn Institute of Architects.Alt rights reserved,WARNING:7tits AlA'r' Document is protected by U.S.Copyright Lary and 2 international Treaties.Unauthorized reproduction or distribution of this Aie Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:59:57 on 11!0012016 under Order No.0332506638 1 which expires on 10/14/2017,and is rot for resale. User Notes: _ (963266640) A Professional Liam I icy ARTICLE 2 OWNER'S RESPONSIBILITIES § 2,1 Unless otherwise provided for under this 4iirecmcnt.the Ovisner shall provide information in a timely manner requniiiMCIA1 0 1 I OIL i L. NICLIfititt;,. .V.Titt progrian ivb s1ia1I see in tlie Owner's objectives, schedule,constraints and criteria, including space requirements and relationships, flexibility, expendability,special equipment,systems and site requirements. Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights, § 2.2 l'he Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 2,3 if Owner shall eciordinateethe services o Os'V CortMAttifikt; lvith those services provided by the Architect Upon the Architect's request,the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated in this Agreement,or authorize the Architect to furnish them as an Additional Service,when tile Architect requests such.services and demonstrates that they are reasonably required by the scope of the Project.The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2,4 The Owner shall furnish all-legal,insurance and imeounting services,including auditing serVices, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such in formation or has permission from the copyright owner to transmit such information for its use on the Project. Utile Owner and Architect intend to transmit instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. § 3.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 3.3 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for the Project:,provided that the Owner substantially performs its obligations,including prompt payment of all sums when due,under this Agreement.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement.The license granted under this section permits the Owner to authorize the Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the instruments of Service solely and exclusively for use in performing services for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Sections 5.3 and 5.4, the license granted in this Section 3.3 shall terminate. AlA Document 9102 '2007 iformerly 8141 -1907 Part 1).Copyright 01.817, 192(i,190,t 951 1953 'Intl, 1901., 0* 4966,1967,1910;1974,.1877, Init. t987,t987 and 2007 tity rho AntatiOall,Inst Lie cd ArtitattitAS.All rights reserved,ittirfoRNIND This MA' Document is.protected hy U S Dlopyrigni Law and 3 international Treaties.Unauthorized reproduction or distribution of this Ale Document,or any ponion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software all3:59:57 on 11/09/2016 under Order No.0332506638_1 which expires on 10/14/2017,and is not for resale. User Notes: (963266840) § 3,3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service,the Owner releases the Architect and Architect's consultant(s) Iron:all claims ate causes of action arising. from such uses.The Owner,to the extent permitted by law, further agrees 10 indemnify and hold harmless the Architect and its consultants fr'orn all costs and expenses, including the cost of defense.related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service e under this Section 3.3.1. § 3,4 Except for the licenses granted in this Article 3,rio other license or right shall be deemed granted or implied under this Agreement.'the Owner shall not assign,delegate, sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement al the Architect.Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 4 CLAIMS AND DISPUTES § 4,1 GENERAL § 4.1.1 The Owner and Architect shall commence all claims and causes of action,whether in contract,tort,or otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work.'I`hc Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 4.1.1. § 4.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors,consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201--.2007,General Conditions of the Contract for Construction, if applicable. The Owner or the Architect,as appropriate, shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the other parties enumerated herein. Paragraph deleted) § 4.2 MEDIATION ("Paragraphs deleted) § 4.2.4lfthe parties do not resolve a dispute through mediation pursuant to this Section 4.2,the method of binding dispute resolution shall he the following: (Check the appropriate box.if the Owner and Architect do not select a method of binding dispute resolution belolt, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) (Paragraph deleted) [X ] Litigation in a court of competent jurisdiction (Paragraphs deleted) ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to the Architect in accordance with tins Agreement, such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services,the Architect shall give seven days'written notice to the Owner before suspending services. In the event of a suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 5.2 tithe Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document 81027"—2007(formerly 8141 r"—1997 Part 1).Copyright cS 1917,1926,1948,1951,1953,1958,1961,1963,1966,1967,1970 1974,1977, snit. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and 4 International Treaties.Unauthorized reproduction or distribution of this AlA Document,or any portion of it,may result in severe civil and criminal 1 penalties,and will be prosecuted to the maximum extent possible under the law.This document was pe'd,,;:ed by AiA software e::13:59:57 on 11/09/2016 under Order No.0332506638_1 which expires on 10114/2017,and is not for resale. User Notes: (9632666401 § 5.3 if the Owner suspends the Project for more than 90 cureulatio c:days for reasons other than the tzult of the Architect,the Architect may terminate this Agreement by,giving not less titan seven days' written notice. § 5.4 Either party may terminate this Agreement upon not loss than sever days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.5 The Owner may terminate this Agreement upon not less than seven days` written notice to the Architect fru the Owner's convenience and without cause. § 5.6 In the event of termination not the Cult of the o-chtitect,the Architect shall be compensated Cir services performed prior to termination,together with Reimbursable Expenses then due. } (Paragraph tleiered) § 5.8 The Owner's rights to use the Architect's Instruments or Service in the event of a termination of this Agreement are set forth in Article 3 and Section 6.3. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth below, or in the attached exhibit or scope document incorporated into tins Agreement in Section 9,2. (Insert amount of or basis for, compensation or indicate the exhibit or scope document in which compensation is provided,for) FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES,PERCENTAGE OF CONSTRUCTION COST 6%. § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses are in addition to compensation for the.Architect's professional services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 I.,ong distance services,dedicated data and communication services..teleconferences,Project Web sites,and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing,reproductions,plots, standard form documents; .5 Postage,handling and delivery; .6 Expense of overtime work requiring higher titan regular rates,if authorized in advance by the Owner: .7 Renderings,models,mock-ups,professional photography, and presentation materials requested by the Owner; .13 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project,or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 6.2.2 For Reimbursable Expenses,the compensation shall he the expenses incurred by the Architect and the Architect's consultants plus an administrative fee of FIVE percent( 5%)of the expenses incurred, § 6.3 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 5.5,or the Architect terminates this Agreement under Section 5.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of the Project as follows: 10%OF TOTAL BASIC COMPENSATION PER THIS AGREEMENT IN ADDITION TO TERMINATION EXPENSES DEFINED IN ARTICLE 5. AIA Document B102T" 2007(formerly 8141'"—1997 Part 1).Copyright©1911,1926,1948,1951,1953,1958,1961,1963,1966,1967.1973 1971 1977, Init. 1987, 1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AlA5 Document is protected by U.S.Copyright Law and 5 international Treaties.Unauthorized reproduction or distribution of this AlA° Document,or any portion of it,may result in severe civil and criminal i penalties,and will be prosecuted to the maximum extent possible under the law.This document was t)fodu,ed by AIA software at 1:1:59:57 on 11/99/2016 under Order No.0332506638_1 witch expires on 10/14/2017,and is not for resale. User Notes: (9632660 0) § 6.4 PAYMENTS TO THE ARCHITECT (Paragraph deleted) § 6,4.2 Unless otherwise agreed,payments for services shall he made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid FORTY FIVE (45 days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert mite of monthly or annual interest agreed upon.) 1.5% PER MONTH § 6.4,3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable fbr the amounts in a binding dispute resolution proceeding. § 6.4.4 Records of Reimbursable Expenses and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 4.3. § 7,2 Teens in this Agreement shall have the same meaning as those in AlA Document A201--2007,General Conditions of the Contract for Construction. § 7.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns and legal representatives to this Agreement Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. § 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 7.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site, § 7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations. However,the.Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 7,8 if the Architect or Owner receives infirmation specifically designarteri by the other party as"confidential'or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(1)its employees,(2)those who need to know the content of such information in order AlA Document 6102'"'-2007(formerly B141T"-1997 Part 1) Copyrights 1917,1926,1948,1951,1953,1958,1961,1963,1986,1967 1970,1974,1977, init. 1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result Ire severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This dr,current was produced by AIA software et 13:59:57 on 11/09/2016 under Order No.0332506638_1 which expires on 10/14/2017,and Is not fur resale, User Notes: (963266640) to perform services or construction solely and exclusively for the Project, or(3)its consultants;md contractors whose contracts include similar restrictions on the use a confidential information, ARTICLE 8 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: 8.1 IN THE EVENT THAT ONE OF THE PARTIES TO TIIIS AGREEINIEN'f SHALL SEEK ENFORCEMENT OF ANY OF 1'1-11 PROVISIONS HEREOF OR SHALL PURSUE A CLAIM ARISING FROM A BREECH OF 'THF AGREEMENT,THE PREVAILING PARI Y IN TIT.LAWSUIT SHALL EL ENTITLED T.ED'I I)A REASONABLE ATTORNEY'S FEES, EXPERT FEES AND EXPENSES. • 8.2 ERRORS AND OMISSIONS: ANY INCREASE IN CONSTRUCTION COSTS CAUSED BY ERRORS OR OMISSIONS IN'I"HE PLANS OR SPECIFICATIONS WILL BE PAID FOR BY THE ARCHITECT (INCLUDING NO INCREASE IN DESIGN FEE), IF THE OWNER INCURS COSI'IN EXCESS OF THOSE WHICH WOULD HAVE BEEN INCURRED BY TILL OWNER IF'ITIE ERROR OR OMISSION HAD NOT' BEEN MADE, IF THE INCREASED COSTS WOLTED HAVE BEEN INCURRED BY TME OWNER, IF THE ERROR OR OMISSION HAD NO"I'BEEN MAL/E,THEN TIIF;ARC.IIITEC:'I'IS NOT LIABLE FOR SUCH INCREASES UNDER THE PROVISION, 8,3 COMPENSATION FOR BID ALTERNATES: TIIF METHOD OF COMPENSATION FOR SERVICES PROVIDED FOR PREPARATION OF BID ALTERNATES SIIAIA,BE BASED ON THE FEE AMOUNT APPLICABLE TO THE COST OF THE ALTERNATE BID IT.EtM BASED ON PHASE OF SERVICE COMPLETED. 8.4 DURATION OF AGREEMENT: THE DIJR.ATION OF THIS AGREEMENT SHALL EXTEND TO 60 DAY'S AFTER ESTIMATED AND/OR SPECIF"IEI)DATE:OF SUBSTANTIA! COMPLETION, OR II3.F ACTUAL DATE OF SUBSTANTIAL.COMPLEI'TON HAS BFFN Al"PAINED, OR UPON FINAL ACCEPTANCE OF TIIE PROJECT,WHICHEVER EVENT OCCURS FIRST. SERVICES PROVIDED AFTER EXPIRATION OF THIS EVENT SILALL BF PERFORMED UNDER THE CHANGE IN SERVICE PROVISION OF THIS AGREEMENT, ARTICLE 9 SCOPE OF THE AGREEMENT § 9,1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations,representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 9.2 This Agreement is comprised of the following documents listed below: .1 AIA Document BI02-2007, Standard Form Agreement Between.Owner and Architect. (Paragraphs deleted) .2 Other documents: (List other documents, including the architect's scope of services document, hereby incorporated into the Agreement.) EXHIBIT "A" SITE EVALUATION SERVICES. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT CITY OF WEST MEMPHIS,ARKANSAS ALLEN &HOSHALL OF ARKANSAS, PLLC AEA Document 8102.W-2007 tformerly 8141 T" 1997 Part 1).Copyright 56 1917.1925,19..8,1951 1953,1958,1961,1953,1966 1967,1970,1974,1977,� Init. 1987,1997 and 2007 by The American institute of Architects,All rights reserved.WARNING:This AlA5 Document Is protected by U.S.Copyright Law and 7 International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:59:57 on 11/09/2016 under Order No.0332506636_._1 which expires on 10/140017,and is not for resale, User Notes: (963266640) "EXHIBIT A" Scope of W Ork New Library West Memphis,Arkansas Site Selection and Evaluation Services 1. SITE LOCATION ANALYSIS AND SELECTION Identify and analyze sites designated by Owner and possible additional sites as identified along the West Broadway Corridor from approximately Avalon on the West boundary to 7°'Street on the East Boundary Analysis may consist of Ownership, on-site observations,circulation systems and parking, topography analysis, and analysis of deed, zoning and other legal restrictions. Describe physical characteristics and context of immediate surrounding area and a general land use pattern,with a brief description of proximate development, such as agricultural,single family detached residential, retail,commercial, light industrial public use,open space or other appropriate land uses. After analysis a number of sites will be chosen for detailed site utilization studies. For the above scope a work a proposed lump sum fee of$5,800.00 2. DETAILED SITE UTILIZATION STUDIES and SITE DEVELOPMENT PLANNING For each site selected site: Prepare conceptual site development drawings that may include land utilization,structure placement, facility development,access and circulation of vehicles and pedestrians, parking,surface and subsurface conditions, soils reports, Phase one environmental study, deeds,zoning, building code analysis, Existing structures analysis and utilities. Prepare a preliminary estimate of the cost of the work for the site development. Fees For the above scope of work per site: 2a. For sites with existing structures which will require code and structure analysis, a proposed lump sum fee of$6,500.00 per site.This will include geotechnical investigation and Phase 1 Environmental Audits provided by an environmental consultant. 2b,For sites with structures which will be demolished and no building structure analysis will be required, a proposed lump sum fee of$5,500.00 per site. This will include geotechnical and Phase 1 Environmental Audits provided by an environmental consultant. 3. Provide Recommendations for Site Selection (fee included in of scope work) (Additional services for presentation to Community or Neighborhood groups) 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) ik.,---- — __ .310/2016 PHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ND RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A. CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on L this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 'PRODUCER Crow Friedman GroupCONTACT NAME, Patricia Griffin A Risk Strategies Company PHONE [ ..N. 91-820-0400 I t;itc,No; 901-820-0402 5141 Wheel's Drive Lt4...fin, m:.„ E-mAl L Memphis,TN 38117 ADDRESS. satriglaAgrowfrieciman.com INSURMSI AFFORDING COVERAGE NAis# v,r4Actlsk-strategies,com I INSURER A: Hartford Fire Insurance Company I 195'82 - ------ ' i INSURED I :,INSURER B: Hartford Casualty,Insurance Comp.,2211 i, 29424 Allen & Hoshall, Inc, 1661 International Drive INSURER C: Zurich,American Insurance of Illinois 27855 Suite 100 INSURER 0 Memphis TN 38120-1440 , INSURER E: ._ INSURER F — . — COVERAGES CERTIFICATE NUMBER: 28916304 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 1/1/2017 [EACH OCCURRENCE THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ • — i-ik --- - -rgini.susat-- -POLICY EFF FlObICY EXP 1 LTR TYPE OF INSURANCE 1infa,,,WVD1 POLICY NUMBER (MNI/DDIYYYY) (MM/DEVYYYY) LIMITS I . li A ,, ' COMMERCIAL GENERAL LIABILITY I 20UUNTU3495 1/112016 ,t 1,000,000 i ; BA41,41..1E17,W;Firmt 1 CLAIMS-MADE Li 1.,::::,,,, , ,_, ,PREMISES lEa occerrearit) ;$ 300,000 I :1 MED EXP(Any onc person). $ 10,000 - ' I PERSONAL&ADV INJURY :li 1,000,0001 . I I GE:NIL E.G AGGRATE LIMIT APPLIES PER: I , , I GENERAL AGGRE3ATE ':3 2,000,000i i , -- L, _ POLICY 1 ri I jEc-I I LOC I PROM ISTS.COMPIOP AGO 3 2,000,0001 OTHER: i , 4 ....,.. A 1 AUTOMOBILE LIAB1LITY 120UENTU3661 1/1/2016 11/1/2017 cpMSINEO SINGLE LIMIT $ 2000,000 i 1 (ha accident) . ANY AUTO 1 BODILY INJURY(Per person) $ ._. AUTOS ONLY 1, SCHEDU'ID , BODILY INJURY(Per aL7cident) $ HIRED : - NON-OWNED : . PROPERTY DAMAGE- ... ,I _ ;AUTOS ONLY 'AUTOS ONLY I Tor eccidentj7) , . ,. / UMBRELLA 1/1/2016 11/1/2017 EACH OCCURRENCE — .-- ME 20X11,11.13041 10,000 000 OCCI IF I i . 1 EXCESS LIAR AGC3RPG10 ATE 3 ,000,000 1 : CLAIMS-MADE1 , .....„ -------•: DEO I 1 1 RETENTION$10,000 I -- .- S woRKERscomPENsATioN ; ,20WEG14604 1/1/2016 1/1/2017 1 • .. AND EMPLOYERS'LIABILITY YIN , I V,„„I ST.Kr ..,L; 1.,000,000 ANYPROPRIETORIPARTNER/EXE.CUTIVE :--I E L EACH ACCIDENT , '7:- o OFFICER/MEMBEREXCLUDE01: N/A 1 I 7 ,(Mandatory In NH) i Et DISEASE-EA EMPLOYEEI$ 1 000,000 Eyes,describe underI . . pc:SCRIPT ON OF OPERATIONS below . E.L,DISEASE.nouc,y Limn',$ 1,000,000 . . . .....— ...— ,, C Professional Liability E006552574-06 ,1 9/1/2015 911/2016 Each Claim ,.,,,i , 0„. Aggregate 5,000,000' — — DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) . L cERTIFICATE HOLDER — CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Specimen THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Proposal Only ACCORDANCE WITH THE POLICY PROVISIONS. Cancellation Clause Does Not Apply — AUTHORIZED REPRESENTATIVE -'", r <„4;,,/i,•-%•,./.,_, ... /.....;.-;• ".,4.,.,7,, 47 , - / '::•2 7.,, /, 2 .. sC'k.-,,., _ -I . . Michael Christian ---- (01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo aro registered marks of ACORD 285:15: O4 I Master Certificate 2/1/16-17 I Candi rixown I 3/10/2016 I 46:42 All (CST) 1 Page 1 of I FEDERAL-AID PROJECT RESOLUTION RESOLUTION NO. A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF WEST MEMPHIS TO UTILIZE FEDERAL-AID FUNDS FOR THE FOLLOWING CITY PROJECT: SOUTH LOOP EXTENSION(PORT RD TO SOUTH AIRPORT RD)(WEST MEMPHIS) WHEREAS,the West Memphis MPO Policy Committee has recently approved Federal- aid Transportation Alternatives Program funds for the project at the following Federal and City participating ratios, up to the maximum Federal-aid available: Type Work Work Phase Federal % City% Construction of City Projects Preliminary Engineering 80 20 Right-of-way 80 20 Utilities 80 20 Construction 80 20 Construction Engineering 80 20 City projects programmed but All Phases -0- 100 not let to contract NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS, THAT: SECTION I: The City will participate in accordance with its designated responsibility in this project including maintenance of this project. SECTION II: The Mayor or his designated representative is hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction of this city project. SECTION III: The City pledges its full support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project. THIS RESOLUTION adopted this day of , 2016. William H. Johnson, Mayor RECEIVED ATTEST: City Clerk's Ofliee Philip Para, City Clerk Dater/Tyne 62), i:3510) luto.apv: Dr 1Ii# of MI st iluiant _ Jthptzt n citiagor MEMORANDUM TO: FRANK MARTIN, `1 FINANCE DIRECTOR / FROM: MAYOR WILLIAM H. JOHNSON DATE: NOVEMBER 17, 2016 RE: DISTRIBUTION OF DOG TRACK FUNDS-($ 609.58) $200.00 BOY SCOUTS $200.00 OMEGA PSI PHI $ 209.58 MT. OLIVE M. B. CHURCH 205 South Redding • West Memphis, Arkansas 72301 • (870) 732-7500