09/16/2021 PLEASE TURN OFF ALL CELL PHONES
AGENDA
WEST MEMPHIS CITY COUNCIL
SEPTEMBER 16, 2021
PRAYER:
PLEDGE OF
ALLEGIANCE: AMERICAN LEGION
CALL TO ORDER:
ROLL CALL:
BID OPENINGS: FIRE DEPARTMENT-INSTALLATION OF EIGHT CONTAINERS
FOR THE CITY OF WEST MEMPHIS-ASST. CHIEF DERRICK CLAY
ADVERTISING & PROMOTION- INSTALLATION AND REMOVAL
OF CHRISTMAS DECORATIONS FOR THE 2021 HOLIDAYS-
MR. JIM JACKSON
MINUTES: APPROVE OR CORRECT MINUTES OF SEPTEMBER 2,2021
OLD BUSINESS:
NEW BUSINESS: 0-1 AN ORDINANCE TO ESTABLISH FEES FOR PERMITS AND
INSPECTIONS AT RESIDENTIAL RATES AND COMMERCIAL
AND INDUSTRIAL RATES WITHIN THE CITY LIMITS OF WEST
MEMPHIS, ARKANSAS
PERMISSION
REQUEST: PERMISSION FOR MAYOR MCCLENDON TO A SIGN SALES
CONTRACT WITH CSA SOFTWARE SOLUTIONS FOR
MULTI-USER(9) CENTERPOINT FUND ACCOUNTING
(TABLED ON AUGUST 19, 2021 AND SEPTEMBER 2,2021)
PERMISSION FOR MAYOR MCCLENDON TO SIGN AN
AGREEMENT WITH TERRACON CONSULTANTS, INC. TO
CONDUCT CULTURAL RESOURCE RECONNAISSANCE SURVEY
OF APPROXIMATELY 500 ACRES AT PROJECT GREEN ARROW
WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS
COMMITTEE
REPORTS:
APPOINTMENTS:
PRESENTATIONS: MAYOR MARCO MCCLENDON
1
•
MINUTES
WEST MEMPHIS CITY COUNCIL
SEPTEMBER 16, 2021
A regular meeting of the West Memphis City Council was held on Thursday,
September 16,2021 at 5:00 p.m. in the City Council Chambers at City Hall 205
S. Redding, West Memphis, Arkansas.
Councilor Catt made the motion, seconded by Councilor Wheeless for City Clerk,
James Pulliaum to preside over the September 16, 2021, Council Meeting. Upon
voice vote, voting was unanimous.
Invocation was given by Councilor Harris, followed by the Pledge of Allegiance
led by Councilor Croom. City Clerk James Pulliaum called the meeting to order
at 5: 00 p.m. Senior Deputy City Clerk, Patricia Lane called the roll. Those
present were City Attorney, Michael Stephenson, City Clerk, James Pulliaum
Councilors: Gheric Bruce, Tracy Catt, Wayne Croom, Helen Harris, James Holt,
Melanie Hutchinson, Willis Mondy, David Murray, and. Charles Wheeless.
Absent were Mayor Marco McClendon, City Treasurer, Charlie Suiter Jr., and
Councilor Lorraine Mohammed. Quorum being present City Clerk, James
Pulliaum proceeded with the meeting.
BID OPENING:
FIRE DEPARMENT- INSTALLATION OF EIGHT CONTAINERS FOR THE
CITY OF WEST MEMPHIS- ASSISTANT CHIEF DERRICK CLAY
ADVERTISING & PROMOTION- INSTALLATION AND REMOVAL OF
CHRISTMAS DECORATIONS FOR THE 2021 HOLIDAYS- JIM JACKSON
law
Councilor Catt made the motion, seconded by Councilor Croom to approve the
bids as presented and to refer them back to administration for distribution.
Upon voice vote, voting was unanimous.
MUNUTES: APPROVE OR CORRECT MINUTES OF SEPTEMBER 2, 2021
Councilor Catt made the motion, seconded by Councilor Bruce to dispense with
the reading of the minutes of September 2, 2021, Council meeting and to approve
them as submitted. Upon voice vote, voting was unanimous to approve.
OLD BUSINESS: NONE
NEW BUSINESS
Councilor Catt made the motion, seconded by Councilor Croom to read 0-1 by
title only. Upon voice vote, voting was unanimous.
0-1 AN ORDINANCE TO ESTABLISH FEES FOR PERMITS AND
t.' INSPECTIONS AT RESIDENTIAL RATES AND COMMERCIAL AND
INDUSTRIAL RATES WITHIN THE CITY LIMITS OF WEST MEMPHIS,
ARKANSAS
City Attorney Stephenson read the ordinance by title only for the FIRST time.
PERMISSION REQUEST:
PERMISSION FOR MAYOR MCCLENDON TO SIGN SALES CONTRACT WITH
CSA SOFTWARE SOLUTIONS FOR MULTI-USER CONTRACT FUND
ACCOUNTING
Councilor Croom made the motion, seconded by Councilor Hutchinson to table
the permission request until the next Council meeting on October 7, 2021. Upon
voice vote, voting was unanimous to Table. (Tabled on August 19, 2021,
September 2, 2021, and September 16, 2021)
PERMISSION FOR MAYOR MCCLENDON TO SIGN AN AGREEMENT WITH
TERRACON CONSULTANTS, INC. TO CONDUCT CULTURAL RESOURCE
RECONNASSANCE SURVEY OF APPROXIMATELY 500 ACRES AT PROJECT
GREEN ARROW WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS
Councilor Bruce made the motion seconded by Councilor Wheeless to approve.
The permission request. Discussion followed: Economic Development Director,
Phillip Sorrell provided an explanation of the permission request. Mr. Sorrell said
this is an environmental proposal from Terracon to conduct a cultural resource
survey on an industrial site that the city currently markets that is south of the
city in the city limits. Mr. Sorrell said it is a necessary piece for the city to
adequately market the site to industrial prospects. They have a project that they
are currently working on and have been working on for months. The site
consultant has requested they do the survey to move forward in contingency for
this project regardless of if they win the project or not this would be money well
spent because every project, they are working on seems to require a higher level
of clearance, this would be an investigation of the site as it relates to any
historical artifacts that may or may not be present on the site. There being no
further discussion. Upon voice vote, voting was unanimous to approve.
Councilor Lorraine Mohammed came into the Council Meeting at 5:08 p.m.
COMMITTEE REPORTS:
UTILITY COMMISSION: Councilor Croom presented the Utility
Commission report. The Utility Commission met on September 9, 2021, at 8:30
a.m. Safety Director, Brett Sims reported that there was 13 days since last
recordable injury, 687 days since last lost time injury and one injury for the
month of August. General Manager, Todd Pedersen presented the Personnel
update. There was one new hire, one voluntary resignation and one involuntary
resignation for the month of August, The Utility Department currently has 17
open positions out of 83 budgeted positions. General Manager, Todd Pedersen
presented the final price overview on the Bond Issuance. Mr. Pedersen said that
the delivery closing date for the bond issue is October 12, 2021, and the first
coupon date is June 1, 2022. Assistant General Manager Ward Wimbish
presented the AMI update. Mr. Pedersen recognized Water Foreman, Michael
Lamb as Employee of the year for Utilities and Shop Mechanic, Ron Buralli as
the Employee of the year runner up. The commission also discussed how the 3
Utility Department benefits the citizens of West Memphis.
AIRPORT COMMISSION: Councilor Wheeless presented the Airport
Commission report. The Airport Commission met on September 16, 2021, at 8:00
a.m. The commission was given the financial report for August 2022. The bank
statements reported operating opening expenses were $5,473.01, revenue was
$46,176.82, bonds $56,327.83 and depreciation $512,082.62 for a total of
$620.060.28. Engineers Report-Susana Cook of Garver Engineers provided an
update on the hanger # 3 rehab they are waiting on some materials for the
bathrooms but are close to being completed Business Report- revenue verses
expenses is slowly coming back from the Covid Pandemic for the month of June
and is improving every month. The Airport has received grant approval by the
FAA for the Beacon North Apron Rehab and the WMC Radar Agreement has been
approved.
PARKS & RECREATION COMMITTEE: Councilor Mohammed presented the
Parks & Recreation report. The parks Committee met on Wednesday September
8, 2021, and on Tuesday September 14, 2021, The Parks Commission held its
first meeting with Mr. Richie Smith and his design team, to discuss Hightower
and Tilden Rodgers Parks concept plans. Those in attendance was City Council
Members, West Memphis School District Members and West Memphis School
Superintendent, John Collins. The Committee discussed removing all equipment
including basketball goals, playground equipment, pavilions, old restrooms,
walkways, and old fencing, around the Hightower Park. All new equipment will
be federally regulated in accordance with ADA requirements. The commission
discussed involving the Utility and Street Departments to help with pavement,
etc., to defer cost, adding an Ampere Theater with an elevated stage for
performances. The total amount needed is estimated to be approximately 2
million dollars. The committee discussed upgrading the five softball fields with
new turf, improving the lighting, and installing new restrooms at Tilden Rodgers
Park. They are also looking at improving the parking lot, tennis courts, picnic
area pavilions, new playground equipment, and volleyball court and a new
concession stand. The committee also discussed the idea of a splash pad. At the
September 14, 2021, meeting Parks Director, Lorenzo Parker presented the
budget to the committee. Some accounts are a little over because of repair cost
to equipment, etc. it is approximately 13% over but they are expecting to get
things back inline by the end of the year. Mr. Parker said plans are to check on
the $250,000 in Capital Outlay to see if it is available to use on city park
upgrades. They are planning a date for the ribbon cutting event for the newly
named Sonny Weems Park. The committee discussed the proposed location at
the old railroad depot for a park. Councilor Mohammed expressed her concerns
with the park being in that area due to the train traffic being close by.
ANNOUNCEMENTS: Councilor Croom announced that Families in Transition
will be hosting the National Evening of Remembrance on Saturday September
25, 2021, at Worthington Park at 6:00 p.m. For further information regarding
the event, you can contact Ms. Jeanetta Gilliam at 901-422-1793.
Councilor Catt said the Budget Committee will meet Thursday September 23,
2021, at 12:00 p.m. at City Hall. The Budget Committee is in the process of
getting information written up regarding insurance bids so that they can post
the notification in the paper to get the bids out and bring back before council for
their review.
Major Stacey Allen of the West Memphis Police Department announced that on
Saturday September 18, 2021,at 5:00 p.m. Police Chief Pope will be having at an
open dialog at Extreme Cuts located at 901 E. Broadway to meet with the citizens
of West Memphis to discuss ways to make West Memphis a safer community and
wanted to invite everyone to come out.
CITIZENS REQUEST: NONE
Having no further business to come before the City Council, Councilor
Mohammed made the motion, seconded by Councilor Harris to adjourn. Upon
voice vote, voting was unanimous to adjourn. The meeting adjourned at 5:25
p.m.
PASSED and APPROVED this 7h day of October 2021.
4"-Keiftel
CO MCCLENDON, MAYOR
ATTEST
E ULLIA M, CI CLERK
Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk
SEPTEMBER 8. 2021
TO: Patricia Lane,Senior Deputy City Clerk
FROM: Kenneth Johnson, Purchasing Agent
SUBJECT: Please add bids to the September 16, 2021, Council Agenda
Bids for Installation of Eight Containers for the City of West
Memphis-Assistant Fire Chief Derrick Clay
1 .; CITY OF
WST
MEEMPHIS
•.41tEi,r ARKANSAS
PURCHASING DEPARTMENT
KENNETH JOHNSON, PURCHASING AGENT
205 South Redding • P.O. Box 1728•West Memphis,Arkansas•72303• (870)732-7584
BID NOTICE
The West Memphis Fire Department, 200 North 7th Street, West Memphis, AR.
72301 will accept sealed bids on Thursday, September 16, 2021 until 12:00 p.m. for
the Installation of Eight Containers for the City of West Memphis. All bidder
requirements must be met as outlined in bid specification packet.
Please direct all inquiries and request for Bid Packets to Purchasing Director,
Kenneth Johnson, 205 South Redding, P.O. Box 1728, West Memphis, Arkansas
72303 or by phone 870.732.7584.
Sealed bids shall be mailed or delivered to the Purchasing Director or Assistant Fire
Chief, Derrick Clay, 200 North 7`h Street. West Memphis, AR 72303. Please mark
your hid Packet envelope in large letters INSTALLATION OF EIGHT
CONTAINERS FOR THE CITY OF WEST MEMPHIS. Bids will be opened on
Thursday, September 16, 2021 at 12:00 P.M. at the City Hall in the City Council
Chambers, located at 205 South Redding, West Memphis, AR 72301
By order of:
1/1240
Ma or: Marco McClendon
Please publish three times on: September 1, 2021
September 8, 2021
September 15, 2021
RECEIVED
SEPTEMBER 16,2021
BID TABULAITION SHEET
CITY OF WEST MEMPHIS
INSTALLATION AND REMOVAL OF CHRISTMAS DECORATIONS-A&P
BIDDER BID PRICE
f ;/Z/ 3 DeC1/V $ '9 , jDO. (2)
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4/ 7
I•.
SEPTEMBER 8. 2021
TO: Patricia Lane, Senior Deputy City Clerk
FROM: Kenneth Johnson, Purchasing Agent
SUBJECT: Please add bids to the September 16, 2021, Council Agenda
Bids for Installation and removal of Christmas Decorations for the
2021 Holidays-Advertising&Promotion -Jim Jackson
y1.--tAA9
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Gr.=-L
( ) WPHIS
CITY OF
ICEI4 ARKANSAS
PURCHASING DEPARTMENT
KENNETH JOHNSON, PURCHASING AGENT
205 South Redding • P.O. Box 1728•West Memphis,Arkansas•72303• (870)732-7584
BID NOTICE
The West Memphis Convention& Visitors Bureau,231 East Broadway, West
Memphis,AR. 72301 will accept sealed bids on Thursday, September 16,2021 until
12:00 p.m. for the Installation& Removal of Christmas decorations for the 2021
Holiday Season for the City of West Memphis. All bidder requirements must be met
as outlined in bid specification packet.
Please direct all inquiries and request for Bid Packets to Purchasing Director,
Kenneth Johnson,205 South Redding, P.O. Box 1728, West Memphis, Arkansas
72303 or by phone 870.732.7584.
Sealed bids shall be mailed or delivered to the Purchasing Director or CVB Director,
Jim Jackson,203 East Broadway or P.O. Box 1728,West Memphis, AR 72303.
T LL AND REMOVE
envelope in largeA
Please mark your bid Packet a pe letters INS
CHRISTMAS DECORATIONS FOR THE CITY OF WEST MEMPHIS. Bids
will be opened on Thursday, September 16, 2021 at 12:00 P.M. at the City Hall in the
City Council Chambers,located at 205 South Redding, West Memphis,AR 72301
By order of:
it(tat ot, ' t-f
Mayor: Marco McClendon
Please publish three times on: September 1, 2021
September 8,2021
September 15, 2021
RECEIVED
as � : ' • Iv
.0,1 •
Y
SEPTEMBER 16,2021
BID TABULAITION SHEET
CITY OF WEST MEMPHIS
INSTALLATION OF EIGHT CONTAINERS -FIRE DEPARTMENT
BIDDER BID PRICE
Custom Containers $ ;"a
i her Folk $ � �
Christopher sto p
lierracon
August 27, 2021
Ms. Mallory Darby, Project Manager
City of West Memphis, Economic Development
205 South Redding
P.Q. Box 1728
West Memphis, Arkansas 72301
Ph: [870] 732-7503
Email: mdarby@westmemphisar.gov
Re: Proposal for a Cultural Resources Reconnaissance Survey of
Approximately S00 Acres at Project Green Arrow
West Memphis, Crittenden County, Arkansas
Terracon Proposal No. P7321 72652
Dear Ms. Darby:
Terracon Consultants, Inc. (Terracon) is pleased to submit this proposal to the City of West
Memphis, Economic Development (Client), to conduct cultural resource investigations for the
above-referenced project. It is our understanding that the proposed project is being done as part
of the environmental due diligence process and is not intended for compliance with Section 106
of the National Historic Preservation Act of 1966, as amended (NHPA) (54 U.S.0 § 300101 et
seq.).
1.0 PROJECT INFORMATION
From information provided to-date, Terracon understands the site consists of approximately 500
acres of cultivated land located east of Waverly Road and approximately 1.0 mile west of the
Mississippi River in West Memphis, Crittenden County, Arkansas (Figure 1). If any of this
information is incorrect, please let us know so we may revise our proposal accordingly.
2.0 SCOPE OF SERVICES
2.1 BASE SERVICES
2.1.1 Background Research
We will carry out the proposed investigation in three stages. The first stage will be a map and
I II records search using the Automated Management of Archeological Site Data in Arkansas
(AMASDA), an online database providing information on previously recorded archaeological
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Geotechnical Environmental '• Construction Materials • Facilities
air
Proposal for Cultural Resource Services iierracon
Project Green Arrow - West Memphis, Crittenden Co., Arkansas
August 27, 2021 Terracon Proposal No. P73217282
- '-J. . =* LEA_
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Figure 1. Approximate site boundary. —
resources in Arkansas. In addition, information about previously recorded above around historic
resources will be obtained from the Arkansas Historic Preservation Program(AHPP)office in Little
Rock. If previously recorded cultural resources are identified, then additional files and records at
the Arkansas Archaeological Survey (AAS) and the AHPP will be consulted, as necessary. The
results of the background research will be a compilation of previously recorded cultural resources
within a 0.5-mile radius of the project area. In addition to this research, eighteenth through
twentieth century maps of the area will be examined to determine whether the remains of historic
buildings or other historic resources are likely to be within the project area.
11
Terracon, with the assistance of Seramur & Associates, PC, will also complete a desktop
geomorphology assessment. This investigation will assess the potential for soils and alluvium in
the project area to contain buried archaeological deposits. The project area is located on the T1
terrace of the Mississippi River. The desktop geomorphology investigation will include reviewing
soil survey maps and researching the geomorphology literature of the Holocene depositional
history and channel migration of the Mississippi River. This literature review will focus on studies
conducted in the vicinity of the project area.
I
,' , 0,,S:;0,1- , - --, ,',.:1:,,':, .,- ...: .
Proposal for Cultural Resource Services lierracon
Project Green Arrow West Memphis, Crittenden Co : Arkansas
August 27, 2021 Terracon Proposal No. P73217282
2,1.2 Field investigations
The second stage will include an archaeological and historic resources reconnaissance survey of
the proposed project area. The archaeological reconnaissance survey will include a pedestrian
survey in areas having good surface visibility such as dirt roads and recently planted agricultural
fields. Supplementing the pedestrian survey will be the excavation of shovel tests in selected
areas of the project tract. Most shovel tests will be excavated in areas deemed to have a high
potential for containing archaeological resources based on factors such as proximity to water,
good soil drainage, and relatively level terrain. Additional shovel tests may be excavated in low
probability areas to confirm the absence of resources in these area and to exclude these areas,
if possible, from additional archaeological investigations. For the purposes of this investigation,
approximately 100 shovel tests (one for every five acres of land) will be excavated across the
project tract. If artifacts are found during the survey, additional shovel tests will be excavated on
a 10-meter interval grid within the project area to help define site boundaries. Archaeological sites
found during the survey will be recorded with the Arkansas Archaeological Survey (AAS) upon
conclusion of the fieldwork so that a permanent state site number can obtained.
Each shovel test excavated during the project will be at least 30 cm in diameter and excavated to
50 cm below surface (cmbs) or until culturally sterile subsoil, the water table, bedrock, or an
impenetrable obstacle is encountered. Soil from the shovel tests will be screened through 1/4-
inch wire mesh and artifacts, if encountered, will be placed in plastic bags containing the
appropriate project and provenience information. Information for each shovel test regarding
artifact content, shovel test depth, soil texture and color (using the Munsell soil color chart), and
other relevant environmental factors will be kept in a field journal.
In addition to the archaeological survey, standing structures 50 years of age or older within and
adjacent to the project will be photographed and described in the report. National Register
recommendations will be provided for each surveyed structure by a Secretary of Interior-qualified
Architectural Historian.
2.1,3 Reporzting
The third stage of the project will include the production of a technical report that describes the
results of the survey, National Register recommendations for each resource, an assessment of
overall project effect on historic properties, and recommendations for additional work that may be
required under applicable federal and/or state laws.
The final deliverables for the project will include both hard-copy and digital versions of the report.
We will provide one electronic PDF copy of the final report and four hard copies of the report for
distribution to the client and regulatory agencies.
Proposal for Cultural Resource Services lierracon
Project Green Arrow West Memphis, Crittenden Co., Arkansas
August 27, 2021 Terracon Proposal No. P73217282
3.0 SCHEDULE
We are prepared to begin the project within one week of receipt of a signed Agreement for
Services (AFS). We anticipate that the background research and the reconnaissance survey will
take approximately five days, weather permitting. A technical report will be available for review
no later than five weeks after receipt of the signed AFS.
4.0 SCOPE AND REPORT LIM$TATIONS
This proposal does not include the excavation or analysis of human remains, if encountered. It
also does not include an Intensive Phase I Archaeological Survey, Phase II Evaluative Testing,
Phase III Data Recovery Excavations/Mitigation, preparation of Agreement Documents, formal
consultation with governmental agencies or the public, or any services not specifically
enumerated in the proposal.
Please note that we do not warrant database or third party information or regulatory agency
information used in the compilation of plans or reports. No warranties, express or implied, are
4 intended or made.
COMPENSATION
Based on the proposed Scope of Services, our estimated fees are listed below:
----------------------------------------------------------- ---------------------------- — --- —
ITEM FEE
A. Cultural Resources Reconnaissance Sur ey W1 Full Technical Report S18,400.00
The fees presented are based on performing only the services discussed in this proposal.
Changes beyond the Scope of Services of this proposal will be charged in accordance with our
current unit fee schedule or a revised proposal. Interim invoices will be submitted regularly and
are due upon receipt.
6.0 AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services and returning a
copy to Terracon. Services will be initiated upon receipt of the written notice to proceed. The terms,
conditions and limitations stated in the Agreement,and sections of this proposal incorporated therein,
shall constitute the exclusive terms and conditions and services to be performed for this project.
This proposal is valid only if authorized within 90 days from the proposal date.
Proposal for Cultural Resource Services lierracon
Project Green Arrow• West Memphis, Crittenden Co., Arkansas
August 27, 2021 • Terracon Proposal No. P73217282
Terracon appreciates the opportunity to submit this proposal for cultural resources services. If
you have any questions or comments regarding this proposal, please contact Bill Green at(803)
403-1256.
Sincerely,
Terracon Consultants, Inc.
T.)-0-1.4)vD
William Green, M.A., RPA# 10387 Douglas Sain, Ph.D, RPA# 17527
Principal ! Department Manager Senior Archaeologist
Environmental Planning Services
Attachment: Agreement for Services
I
Responsive • Resourceful • Reliable 5
1errcon
Reference Number:P73217282
AGREEMENT FOR SERVICES
This AGREEMENT is between City of West Memphis AR("Client")and Terracon Consultants,Inc ("Consultant")for Services to be provided by Consultant
for Client on the Project Green Arrow Cultural Resources Reconnaissance Survey project("Project"),as described in Consultant's Proposal dated 08/27/2021
("Proposal"),including but not limited to the Project Information section.unless the Project is otherwise described in Exhibit A to this Agreement(which section
or Exhibit is incorporated into this Agreement).
'I. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section
("Services"),unless Services are otherwise described in Exhibit B to this Agreement(which section or exhibit is incorporated into this Agreement).Portions
of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's
reports address the presence or prevention of biological pollutants (e.g.,mold,fungi,bacteria,viruses, or their byproducts)or occupant safety issues,
such as vulnerability to natural disasters,terrorism,or violence. If Services include purchase of software.Client will execute a separate software license
agreement.Consultant's findings,opinions,and recommendations are based solely upon data and information obtained by and furnished to Consultant
at the time of the Services.
2- Acceptance/Termination.Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute
the Services,and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both
parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.Additional terms and
conditions may be added or changed only by written amendment to this Agreement signed by both parties.In the event Client uses a purchase order or
other form to administer this Agreement,the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains
are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this
Agreement or the Services upon written notice to the other.In such case,Consultant shall be paid costs incurred and fees earned to the date of termination
plus reasonable costs of closing the Project.
3, Change Orders.Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement(or supplemental proposal)of the change setting forth an adjustment to the Services and fees for the requested
changes.Following Client's review,Client shall provide written acceptance.If Client does not follow these procedures,but instead directs,authorizes,or
permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to
the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time
of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee.
• 4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Proposal,including but
not limited to the Compensation section,unless fees are otherwise stated in Exhibit C to this Agreement(which section or Exhibit is incorporated into this
Agreement). If not stated in either,fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which
they are issued.Fees do not include sales tax. Client will pay applicable sales tax as required by law.Consultant may invoice Client at least monthly and
payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below,within 15 days of the date of the invoice if Client
objects to any portion of the charges on the invoice,and shall promptly pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but
not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant
incurs,including attorney fees.Consultant may suspend Services for lack of timely payment.it is the responsibility of Client to determine whether federal,
state,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply,
and Consultant was not previously notified by Client,Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment
adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend,indemnify,and hold harmless Consultant from
any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of
any fines or penalties.
S. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client,and is not intended for third parties other than those who
have executed Consultant's reliance agreement,subject to the prior approval of Consultant and Client.
S. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANTS FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT(AND ITS
RELATED CORPORATIONS AND EMPLOYEES)TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANTS FEE,FOR ANY AND ALL INJURIES,DAMAGES,CLAIMS,LOSSES,OR EXPENSES(INCLUDING ATTORNEY AND
EXPERT FEES)ARISING OUT OF CONSULTANTS SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND
UPON WRITTEN REQUEST FROM CLIENT,CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN
THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS
LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL.LIABILITY INSURANCE COVERAGE,CAUSE(S),OR THE THEORY
OF LIABILITY,INCLUDING NEGLIGENCE,INDEMNITY,OR OTHER RECOVERY. THiS LIMITATION SHALL NOT APPLY TO THE EXTENT THE
DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
T. Indemnity/Statute of Limitations.Consultant shall indemnify and hold harmless the Client and its respective employees from and against legal
liability for claims,losses,damages,and expenses to the extent such claims,losses,damages,or expenses are legally determined to be caused by the
negligent acts,errors,or omissions of Consultant. In the event such claims,losses,damages,or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client,they shall be borne by each party in proportion to its own negligence under comparative fault
principles and to the extent allowed by Arkansas law. Neither party shall have a duty to defend the other party,and no duty to defend is hereby created
by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this
Agreement regardless of cause(s)or the theory of liability,including negligence,indemnity or other recovery shall be deemed to have accrued and the
applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project.
S. Warranty.Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT
MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANTS SERVICES AND CONSULTANT
DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
S. Insurance.Consultant represents that it now carries,and will continue to carry:(i)workers'compensation insurance in accordance with the laws of the
states having jurisdiction over Consultant's employees who are engaged in the Services,and employer's liability insurance($1,000,000);(ii)commercial
general liability insurance($2,000,000 occ/$4,000,000 agg);(iii)automobile liability insurance($2,000,000 8.1.and P.D.combined single limit); and(iv)
professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive
subrogation against the other party on all general liability and property coverage.
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10. CONSEQUENTIAL DAMAGES.NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE;LOSS OF USE
OR OPPORTUNITY; LOSS OF GOOD WILL;COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY
SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES.
11. Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until
Client has obtained the written opinion from a registered, independent,and reputable engineer,architect,or geologist that Consultant has violated the
standard of care applicable to Consultant's performance of the Services.Client shall provide this opinion to Consultant and the parties shall endeavor to
resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to
Arkansas law.
12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site.Site restoration is not provided unless specifically included in the
Services.
13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths,locations,and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested.Client understands that testing and observation are not continuous or exhaustive,and are conducted to reduce
-not eliminate-project risk. Client shall cause all tests and inspections of the site, materials,and Services performed by Consultant to be timely and
properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's
recommendations.No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections
have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole
responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose.
Client is responsible(even if delegated to contractor)for requesting services,and notifying and scheduling Consultant so Consultant can perform these
Services.Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services.
Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and
Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered
in its work,or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and
is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a
maximum cost to complete the Services.The quantities,when given,are estimates based on contract documents and schedules made available at the
time of the Proposal. Since schedule, performance,production,and charges are directed and/or controlled by others,any quantity extensions must be
considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
, procedures(unless stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known or
available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials("Affected Materials")at or near the site, and shall immediately transmit new,updated,or revised information as it becomes available Client
i agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services,and that Client is responsible
for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials.Client
shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created
nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims,losses,or
damages allegedlyarisingout of Consultant's
9 performance of Services hereunder,or for any claims against Consultant as a generator,disposer,or arranger of
Affected Materials under federal,state,or local law or ordinance.
15. Ownership of Documents.Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property.Proprietary concepts,systems,and ideas developed during performance of the Services shall remain the sole property of Consultant.Files shall
be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities.Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean
structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be
responsible for damage to subterranean structures or utilities that are not called to Consultant's attention,are not correctly marked,including by a utility
locate service,or are incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees,but shall not be responsible for the supervision or health and safety precautions for any other parties,including Client, Client's
contractors,subcontractors,or other parties present at the site. In addition,Consultant retains the right to stop work without penalty at any time Consultant
believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus.Client
agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre-task planning and risk assessment processes.
Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who
have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus.
Consultant: Te n ,
Consultants,I Client: City of West Mere ephis AR
By: _Date: 9/0/2021 By: o o ✓�—=-ate:
-• Ham reeve I Inc — —
Name/Title: M r atural and Guttural Name/Title. Mallory Darby/Prefect Manager
Resource Services
Address: 821 Clemson Rd Address: 208 South Redding PO Box 1720
Columbia,SC 29229-4307 West Memphis,AR 72301
Phone: (S03)741-0000 Fax: (803)741-9900 Phone: (070)732.7t303 Fax:
Email: BIII.GreeerQterroacon.com Email: mdarbytlt estrnemphisar.gov
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