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Home My WebLink About1999-08-03 - Agendas - Final FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL AUGUST 3, 1999 A meeting of the Fayetteville City Council will be held on August 3, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. The following items will be discussed: A, CONSENT AGENDA 1, APPROVAL OF MINUTES: Approval of the minutes from the July 20, 1999 City Council meeting. 2, TREATMENT PLANT STUDY: A resolution authorizing the Mayor and City Clerk to execute a contract with Burns and McDonnell for a Plant Capacity Study to be done at the Noland Wastewater Treatment Plant for a not to exceed figure of $32,472.00. 3, DICKSON STREET SURVEYS: A resolution approving a contract amendment with the Benham Group for property surveys along either side of Dickson Street from College Avenue to Arkansas Avenue, for the purpose of establishing the right of way, in the amount of $31 ,950; and abstract work for $ 10,000; for a total contract amendment of $41 ,950. 4. HARDIN PROPERTY SETTLEMENT: A resolution approving settlement of City v. Hardin, CIV. 99-561 , and payment of just compensation for the taking of real property in the amount of $52,396.50. B. OLD BUSINESS 1. RZ 98-22: An ordinance approving rezoning request RZ 98-22 submitted by Richard Osborne on behalf of Littlefield Investment Company for property located at 1798 East Huntsville Road. The property is zoned C- 1 , Neighborhood Commercial, and contains approximately 0.788 acres. The request is to rezone the property to C-2, Thoroughfare Commercial for the purpose of installing a used car lot. Item was left on second reading at July 20, 1999 City Council meeting. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 August 3 , 1999 City Council Final Agenda Page 2 2. TOWN CENTER: A resolution approving a construction contract for the Fayetteville Town Center with Nabholz Construction Co. for a negotiated bid amount of $7,346,408; contingency amount of $ 150,000; and approval of Change Order # 1 in the amount of $970, 162; plus approval of a budget adjustment. C. NEW BUSINESS 1. VA 99-8.00: An ordinance approving vacation request VA 99-8.00 submitted by Laura Kelly of Rob Sharp Architect on behalf of East Avenue Investment Group, LLC for property located between blocks 4 and 5 of Harrison' s Addition. The property is zoned R-2, Medium Density residential. The request is to vacate an unconstructed section of Fletcher Avenue between Center Street and the point where Fletcher Avenue's asphalt surface curves east from the platted right of way. 2. RZA 99-1 : An ordinance approving annexation request RZA 99- 1 submitted by John Burrow on behalf of Karen Hanna for property located at 3686 Wilson Hollow Road. The property is in the planning growth area and contains approximately 4.54 acres. The request is to annex the subject property into the City of Fayetteville. 3, AHTD REIMBURSEMENT: A resolution approving the repayment of the Arkansas State Highway and Transportation Department federal aid enhancement funds reimbursed for the design of the St. Paul Rail Trail and Errol Street Trail since the St. Paul Trail will not be constructed and the Errol Street Trail has been changed. Also approval of a budget adjustment to fund this request. ClkA . ce. 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Rlge tea ✓, �► 4 , �n �, F4aro , Fµ , �5a-, , Ap "' ism Jura hems �A/ Fmk Vo✓ � ( �1e a4l TT �IQF�► , pe.F�c.,s L '.�r � g�uu, w +n '"Iv Oi �( , SID, cv� , F4 , MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL JULY 209 1999 A meeting of the Fayetteville City Council will be held on July 20, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young, and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff, Staff, Press; Audience. ITEMS ACTION TAKEN Approval of the Minutes Approved Bid 99-8 Wilson Park Tot Playground Approved Res. 95-99 Bid 99-9 Root School Playground Approved Res. 96-99 Airport Terminal Apron Rehabilitation Approved Res. 97-99 Airport Bid for Eight-bay T-Hangar Approved Res. 98-99 Town Center Report No Action Taken RZ 98-22 1798 East Huntsville Road Left on Second Reading Fire Department External Defibrillators Passed Ord. 4173 Cable Transfer Passed Ord. 4174 Internet Site Endorsement Approved Res. 99-99 MINUTES OF A MEETING OF THE FAYETTEVILLE CITY COUNCIL JULY 20, 1999 A meeting of the Fayetteville City Council was held on July 20, 1999 at 6:30 p.m in the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. PRESENT: Mayor Hanna; Aldermen Reynolds, Austin, Davis, Trumbo, Daniel, Santos, Young, and Russell; City Attorney Jerry Rose; City Clerk Heather Woodruff, Staff, Audience, and Press. CONSENT AGENDA APPROVAL OF THE MINUTES Approval of the minutes from the July 6, 1999 City Council meeting. RFP 99-8 A resolution selecting TNT under RFP 99-8 for the Wilson Park Tot Playground in the amount of $46, 179, plus a project contingency of $3,000 for a total of $49, 179. RESOLUTION 95-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. RFP 99-9 A resolution selecting Midland Construction Company, Inc. under RFP 99-9 for the Root School Playground Project in the amount of $43,909. RESOLUTION 96-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. TERMINAL APRON REHABILITATION A resolution awarding Bid #99-57 for the Terminal Apron Rehabilitation Project to Pavement Specialists, Inc. in the amount of $281 ,547.83 and a project contingency of $31 ,552.00; and $6,000 for materials testing. And approval of a budget adjustment to cover the project contingency and increased cost over the original project estimate. RESOLUTION 97-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK T-HANGAR BID A resolution awarding Bid #99-66 approving a construction contract for an eight-bay T-hangar to be awarded to Gray Construction, Inc. for a bid amount of $264,364.50; a project contingency ( 10%) of $26,436.00; materials testing amount of $ 1 ,000; plus approval of a budget adjustment. RESOLUTION 98-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Fayetteville City Council July 20, 1999 Page 3 Alderman Daniel moved to approve the consent agenda. Alderman Davis seconded the motion. Upon roll call the motion carried unanimously. OLD BUSINESS TOWN CENTER REPORT A discussion of suggested cost reduction items to reduce bid amount made by Nabholz Construction Co. for the building of the Fayetteville Town Center. Bids on this project are binding on the apparent low bidder for 90 days; therefore, August 4' is the last date to complete a contract with Nabholz. $792,541 in proposed cost reductions have been identified in the project to arrive at a current cost of $7,569,292 - leaving the bid $219,292 from the budget. In response to questions from Alderman Young, Mr. Kevin Crosson, Administrative Services Director, explained they had prepared an outline of funding available with the staff suggestions for funding the additional cost for the Town Center. He explained the handout presented. Currently their estimated cash and investments available to spend on the Town Center was $7.629 million. The certified bid amount was $7.35 million, which had been the estimate. At this point, the projected additional investment earnings to the end of construction would be $7.629 million. They recommended that if they were going to spend additional funds that they spend approximately $386,600 from the Off-Street Parking fund, which was an appropriate use. The forty extra parking spaces and any additional expenses they recommended come out of the general fund balance. Alderman Trumbo stated that it was his understanding that the Off-Street Parking Fund had been accumulated over time from the city' s parking lots. Mr. Crosson replied the fund had been set up from leased spaces and the off-street parking lots and meters around the square. The fund was set up to maintain parking lots and future acquisitions of lots. He thought it was an appropriate use of money. He added there was an unreserved fund balance of a little over $600,000. Mr. Richard Alderman, Project Architect, explained the history of the project. The project had been bid on May 6, 1999. The overall bid was $8,786,650.00. At that time in the bid they took three deductive alternates as part of the bid process, which did not include the negotiated changes. Some of the items listed were: portable kitchen equipment, loading dock leveling equipment, and 40 parking spaces. The alternates reduced the bid amount to $8,361 ,833 . Since that time they have been able to identify approximately $800,000 to $850,000 of cost reductions. He presented a summary sheet of recommended changes to the project. Alderman Trumbo stated the bonds had been approved and sold to take advantage of the lower Fayetteville City Council July 20, 1999 Page 4 interest rates. He knew some people thought they were getting the cart before the horse by already issuing the bonds. Mr. Alderman replied they had discussed the two different strategies to go forward with the project. They could have spent a lot of time on architect fees before the vote or do the best estimate that they could at the time, then bring it to a vote before they spent a half million dollars on architect fees. They had taken the initial drawings to develop the project from the original concept. Construction and inflation were more than they had thought they would be. All major construction projects had been higher than they should have been. He thought this was a normal part of the process. Alderman Trumbo asked which items had increased so dramatically from the original estimates. Mr. Alderman replied the original estimates had been between $6.9 million to $8.3 million. The city had chosen a budget based on the how much they wanted to put into the bonds of the $7.2 million. What had affected the construction industry in Northwest Arkansas was the fact that there was a large amount of projects and there was not enough laborers or subcontractors to fill the demand. He felt they had three very good bids for the project. Alderman Daniel questioned what would happen to the bonds if the Council did not go along with the additional funding. Mr. Crosson explained there was a redemption clause in their indenture that allowed to pay the bonds back plus interest to the day of the redemption call date. It would not be like a default. The cost to the city would be the accrued interest. He added the city was looking at another large project. He cautioned this kind of thing would be difficult to explain when they were trying to market $80 million in additional bonds, such as for the sewer treatment plant. It would not look good for the city. In response to questions from aldermen, Mr. Crosson explained that, due to a recently passed state law, the city had to approve a contract which was no more than their certified amount that they put out for bid, which was $7.35 million. They had to negotiate with the low bidder down to the that amount, then award the contract, then they could add items back in by a change order. Mr. Alderman explained the time constraints with the change orders. He explained they were considering removing two elevators, which could be installed later to save money. He explained the necessity of having two freight elevators. He explained the general changes they had worked on with the contractor to lower costs, such as work conditions, time constraints, landscaping, testing allowances, waterproofing, painting, window tinting, substituting materials, elevators, exterior items, canopies, changing precast to concrete block, an alternate brick, brick pavers, and painting of the parking deck. Interior items included: freezers for long term storage, electrical Fayetteville City Council July 20, 1999 Page 5 window shades, movable dividers, storage areas, service desks, fiberglass columns rather than precast, glazing on windows, mechanical items, thermostat control rather than computer control in heating and air, and removal of the heating system in the tower. Mr. Richard Alexander, an area resident, stated that the Downtown Dickson Street Enhancement Project viewed the development on the Square as a major piece of the overall rehabilitation of the downtown area. They supported the town center. He felt it was very important for the council to go forward with the project. He expressed his support for the town center and his concern that the project might get derailed because of the budget. Since the vote on the project, business decisions had been made on the basis that the project had been approved and the city was making a commitment to the downtown area. The parking was being addressed. This had been viewed by many people to invest in the rehabilitation of the square and the downtown area. It was important from a business sense that the city not be perceived as waffling on this issue. It was a project which had been approved by the voters. In his opinion the overage was very small. He personally would like to see the city approve the project as proposed. He felt the parking was the most important thing of the project. He thought the expanded parking would attract business to the downtown area, which would increase the rehabilitation. Mr. Jeff Erf, an area resident, questioned where the money would come from. Alderman Trumbo explained they were proposing some money out of the Off-Street Parking Fund, then some out of the General Fund. Mayor Hanna added the additional money would be to add additional parking and leave in the partitions and the two elevators. Mr. Erf asked if they were going to keep the blinds. Mr. Crosson explained there was additional money at the A&P level where they could consider some of the smaller items. What the city had presented to the council was the big ticket items. They were open for discussion on what items to fund and not to fund. Mayor Hanna explained the city needed to award a contract for $7.3 million, then they could add additional items in later. They could add all the items back in if they wanted to, float a secondary bond issue based on the income the town center would produce, and pay it out over a period of time. He did not think they needed to do it, but it was a possibility. Mr. Erf questioned where the money would be coming from for the additional items which would be added later. Alderman Trumbo replied the money would come from the HMR Tax, additional funds from the Fayetteville City Council July 20, 1999 Page 6 City, or the cash flow from the facility. Mr. John Lewis of the Bank of Fayetteville encouraged the Council to proceed with the project. He thought it was important for the community. He thought the community would risk more by not preceding than by not trying to make up the difference. He thought there would be more private investments coming downtown. He thought it was an investment and a commitment to the city. Mr. Jim Bemis, an area resident, stated he did not see a town center in the proposed project. He read a summary of concerns from a public input session and stated he did not see the request in the proposed building. He did not believe it would fulfill what was asked. He did not believe it was a town center for the community, but an exhibit hall to be run and managed by unelected officials for tourists. In response to concerns voiced by aldermen, Mayor Hanna explained they could not use A&P funds to construct a building for individual organizations. Any organization could use the facility. Mr. Alderman explained the law did not want the city to construct administrative spaces for non- profit people with the money. They could meet or use the building. It just could not be dedicated specifically for their use. In response to concerns voiced by Mr. Bemis, Alderman Trumbo stated the facility would be managed by a board that would have city, Chamber of Commerce, A&P and public representation. Mr. Kit Williams, former alderman, stated he had always supported the concept of the Town Center. He explained quality construction had been one of their primary concerns. They had cut back on some of the parking spaces and some of the other amenities. If the city built a town center it needed to be built to a high quality that would withstand the test of time with plenty of parking. He stated he would like to see a room added for non-profit organizations, but to do that they needed city money. He thought the city needed to commit two to three million dollars to the project to make the facility a landmark. Ms. Fran Alexander, an area resident, did not believe the facility was a town center for the citizen. In response to questions from aldermen, Mr. Rose stated he had requested an opinion from the attorney general on whether or not the city could put money in and if so how much. He had not received a reply yet, but in his opinion he thought they could use special funds for what they were intended for - parking. The general funds could be spent for any proper public purpose. Fayetteville City Council July 20, 1999 Page 7 He thought the City could spend money on the facility. No action was taken. NEW BUSINESS RZ 98-22 An ordinance approving rezoning request RZ 98-22 submitted by Richard Osborne on behalf of Littlefield Investment Company for property located at 1798 East Huntsville Road. The property is zoned C- 1 , Neighborhood Commercial, and contains approximately 0.788 acres. The request is to rezone the property to C-2, Thoroughfare Commercial for the purpose of installing a used car lot. Mr. Rose read the ordinance. Alderman Austin moved to suspend the rules and move to the second reading. Alderman Daniels seconded the motion. Upon roll call the motion carried by a vote of 6-2-0, Santos and Russell voting nay. Mr. Rose read the ordinance of the second time. The applicant was not present. Alderman Daniel stated she was not in favor of the rezoning because there were a lot of used car lots in town. The rezoning request was not consistent with the city's 2020 land use plan, which had shown a C- 1 designation. Alderman Santos thought the rezoning was inconsistent with the land use plan and it was not recommended by the staff. He asked if it was legal to accept a bill of assurance for a rezoning. Mr. Tim Conklin, City Planner, added there had been some discussion of a bill of assurance stating that if the property was not used as a car lot then it would revert back to the C- 1 designation. He stated the property could not revert back. The most that could be offered would be to limit the use of the property to a used car lot. Mr. Rose stated any changes would have to come back to Council for a vote. Alderman Reynolds stated the property was in disrepair and was abandoned. The item was left on the second reading. Fayetteville City Council July 20, 1999 Page 8 EXTERNAL DEFIBRILLATORS An ordinance approving a bid waiver and purchase of ten Lifepak 500 Automatic External Defibrillators from Med Tronic Physio-Control Corporation of Redmond, Washington. Mr. Rose read the ordinance for the first time. Alderman Davis moved to suspend the rules and move to the second reading. Alderman Reynolds seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the second time. Alderman Russell moved to suspend the rules and move to the third and final reading. Alderman Reynolds seconded the motion. Upon roll call the motion carried unanimously. Mr. Rose read the ordinance for the third and f nal time. Upon roll call the motion carried unanimously. ORDINANCE 4173 AS RECORDED IN THE OFFICE OF THE CITY CLERK. CABLE TRANSFER A public hearing and consideration of an ordinance approving the application for Franchise Authority consent to assignment or transfer of control of Cable Television Franchise submitted by TCA Cable Television, Inc. and Cox Classic Cable, Inc. Mr. Rose read the ordinance for the first time. Mr. Rose stated the Cable Board had approved the transfer at their last meeting. Mr. Dennis Yocum, TCA Cable, explained the mergers were not complete and he was not sure of their future plans. He did not know their future plans for upgrades. Mr. Rose stated the city was in the process of negotiating the new cable franchise. As part of that franchise there would be upgrade provisions in it. If the contract was signed by TCA, Cox would still be held legally responsible for the standards of the new franchise. If Cox had taken over by then they would sign the contract. Alderman Santos moved to suspend the rules and move to the second reading. Alderman Russell seconded the motion. Upon roll call the motion carried unanimously. Fayetteville City Council July 20, 1999 Page 9 Mr. Rose read the ordinance for the second time. Alderman Trumbo moved to suspend the rules and move to the third and final reading. Alderman Santos seconded the motion. Upon roll call the motion carried by a vote of 7-0-0, Reynolds voting nay. Mr. Rose read the ordinance for the third and final time. Upon roll call the motion carried by a vote of 7-0-0, Reynolds voting nay. ORDINANCE 4174 AS RECORDED IN THE OFFICE OF THE CITY CLERK. INTERNET SITE A resolution endorsing the creation of Fayetteville.com, an internet site by Interface Computer Center. Interface Computer is the first company to commit to locate in the Arkansas Research and Technology Park and the intemet site is a private commercial venture which will link to the City' s and Chamber of Commerce's intemet sites. Mr. Tate Wolf, Interface Computer Co. Project Manager, gave a presentation of their site along with their goals and objectives. Packets were provided to give overview of the site. Alderman Austin expressed concern about liquor sponsors and questioned how often children would pull up a liquor ad. Mr. Wolf replied one in ten will see a liquor ad. He explained they were an independent commercial operation. It would be a completely commercial site. He reassured the Council that they had nothing to do with pornography. They did not have a single pornography site on any of their servers. Mr. Jeff Erf stated he would like the same information for his web site. He asked if they would also have to fill out FOI request forms. Ms. Alert Little, Economic Development Coordinator, stated the site would provide a service to the citizens by offering the information. She noted the convenience of having a city map on the intemet and having it immediately updated. Mayor Hanna stated they needed to consider tonight whether or not to endorse the site and to allow the staff to work out the details of the data exchange. Fayetteville City Council July 20, 1999 Page 10 Alderman Trumbo moved to approve the resolution. Alderman Santos seconded the motion. Upon roll call the motion carried by a vote of 6-2-0, Austin and Reynolds voting nay. RESOLUTION 99-99 AS RECORDED IN THE OFFICE OF THE CITY CLERK. Meeting adjourned at 9:30 p.m. Lf EAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL AUGUST 3, 1999 A meeting of the Fayetteville City Council will be held on August 3, 1999 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. The following items will be discussed: A. CONSENT AGENDA 1. APPROVAL OF MINUTES: Approval of the minutes from the July 20, 1999 City Council meeting. 2. TREATMENT PLANT STUDY: A resolution authorizing the Mayor and City Clerk to execute a contract with Burns and McDonnell for a Plant Capacity Study to be done at the Noland Wastewater Treatment Plant for a not to exceed figure of $32,472.00. B. OLD BUSINESS 1. RZ 98-22: An ordinance approving rezoning request RZ 98-22 submitted by Richard Osborne on behalf of Littlefield Investment Company for property located at 1798 East Huntsville Road. The property is zoned C- 1 , Neighborhood Commercial, and contains approximately 0.788 acres. The request is to rezone the property to C-2, Thoroughfare Commercial for the purpose of installing a used car lot. Item was left on second reading at July 20, 1999 City Council meeting. 2. TOWN CENTER REPORT: Discussion of suggested cost reduction items to reduce bid amount made by Nabholz Construction Co. for the building of the Fayetteville Town Center. Bids on this project are binding on the apparent low bidder for 90 days; therefore, August 4" is the last date to complete a contract with Nabholz. $792,541 in proposed cost reductions have been identified in the project to arrive at a current cost of $7,569,292 - leaving the bid $219,292 from the budget. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 August 3 , 1999 City Council Tentative Agenda Page 2 C, NEW BUSINESS 1. VA 99-8.00: An ordinance approving vacation request VA 99-8.00 submitted by Laura Kelly of Rob Sharp Architect on behalf of East Avenue Investment Group, LLC for property located between blocks 4 and 5 of Harrison' s Addition. The property is zoned R-2, Medium Density residential. The request is to vacate an unconstructed section of Fletcher Avenue between Center Street and the point where Fletcher Avenue's asphalt surface curves east from the platted right of way. 2, RZA 99-1 : An ordinance approving annexation request RZA 99- 1 submitted by John Burrow on behalf of Karen Hanna for property located at 3686 Wilson Hollow Road. The property is in the planning growth area and contains approximately 4.54 acres. The request is to annex the subject property into the City of Fayetteville. A.2 page 1 PLANTSTUDY AGENDA REQUEST FORM XX AGENDA REQUEST COUNCIL MEETING OF August 3 . ' 99 FROM : Don Bunn Public Works Admin Public Works Name Division Department ACTION REQUIRED : Resolution authorizing the Mayor and City Clerk to execute a contract with Burns and McDonnell for a Plant Capacity Study for a not to exceed figure of $ 32 , 472 . 00 . COST TO CITY - $ 32 , 472 . 00 $ 1 , 000 , 000 . 00 Water and Sewer Imo Cost -This Request Category/ Project Budget Category/ Project Name 5400 5700 5314 00 $ - 0 - Wastewater Plant Engr Account Number Funds Used To Date Program Name 98047 - 10 $ 1 , 000 , 000 . 00 Water and Sewer Project Number Funds Remaining Fund Category BUDGET /CONTRACT REVIEW : X Budgeted Im - '' Budget Adj . Attached � _ 2!J 9 Budget Coordinator Date Administrative Services Director Date Ac co tin Man g E Date ADA Coordi nat r Date �40City Attorney Date Internal Auditor Date I -a -99 Purchasing Officer Date STAFF RECOMMENDATION : Staff recommends approval of the contract with Burns and McDonnell for Plant Capacity Study in the amount of a not - to - exceed fig of $ 32 , 472 . 00 7 - 19 - 99 A t ublic Wo ks eecctor Date GY: Cross Reference �� `— � 7 "zf� 9 New Item : Yes No . spa ' a int irector JOA • JAL. Prev Ord/ Res N : Admin t v ' ces irector at�� Orig Contract Date : RECEIVED May r Date JUL 21 1999 CITV OF FnrET', �v ^ITv , JERK'S C'= A.2 page 2 PLANT STUDY ( EA71 LLE T T 1'tL'll 1 j tLLQ THE CITY Of EAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE July 19, 1999 To: Fayetteville City Council From : Don Bunn , Assistant Public Works Directo( Thru: Charles Venable, Public Works Director Fred Hanna , Mayor Subject: Engineering Contract Burns and McDonnell Plant Capacity Study Attached for your review and approval is a proposed contract with Burns and McDonnell for the Capacity Study of the Noland Wastewater Plant. The cost of the study is a not-to- exceed amount of $32,472.00. The services to be rendered by the engineer is contained in Section IV of the proposed contract, pages 2 and 3. It is the recommendation of the Staff that the contract be approved . Funding for the project will come from the wastewater engineering budget. A.2 page 3 PLANT STUDY CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES STATE OF ARKANSAS COUNTY OF WASHINGTON This Agreement entered into and executed this _ day of 1999 by and between the City of Fayetteville acting by and through its Mayor hereinafter called the "OWNER" and Bums & McDonnell Engineering Company, Inc. with offices located in Kansas City, Missouri hereinafter called the "ENGINEER." WITNESSETH: Whereas the "OWNER" desires to have a study made to determine the actual capacity of the existing W. W.T.P.; and Whereas, the "ENGINEER' S" staff is adequate and well qualified and it has been determined that its current work load will permit completion of the plans for the project on schedule; Now therefore, it is considered to be in the best public interest for the "OWNER" to obtain assistance of the "ENGINEER' S" organization in connection with said engineering services. In consideration of the faithful performance of each party of the mutual covenants and agreements set forth hereinafter, it is mutually agreed as follows: SECTION I — EMPLOYMENT OF ENGINEER The "OWNER" agrees to employ the "ENGINEER" to perform, and the "ENGINEER" agrees to perform, professional engineering services in connection with the project set forth in the Sections to follow; and the "OWNER" agrees to pay and the "ENGINEER" agrees to accept, as specified in the Sections to follow as full and final compensation for work accomplished in the specified time. SECTION II — DESCRIPTION OF THE PROJECT A review of the data relating to the existing W. W.T.P. Capacity. SECTION III — INFORMATION & SERVICES The "O �Wi ER" will famish any information which may relate to the project that is available. Enc: Page I or6 A.2 page 4 PLANT STUDY SECTION IV — SERVICES TO BE FURNISHED BY THE "ENGINEER" A. Receive and review City-supplied influent flow database suitable for input to Microsoft Excels" spreadsheet for the Paul R. Noland Wastewater Treatment Plant (the Plant) in Fayetteville, Arkansas to determine the following historical influent flow rates : 1 . Annual Average Day (AAD) 2. Minimum Day (MinD) 3 . Maximum Day (MaxD) 4. Maximum Month (MaxM) B . Perform an engineering evaluation of the hydraulic capacity of the Plant to recommend to the City the following capacity ratings as are in general use in the industry: 1 . Design Average Flow (Design) 2. Peak Design Flow (Peak Design) 3 . Peak Hydraulic Flow (Peak) C. Calculate the Surface Overflow Rate (SOR) for the clarifiers at each of the hydraulic flow rates in paragraph B and compare to industry standards. D. Receive and review City-supplied treatment records database suitable for input to Microsoft Excel to determine organic capacity of the aeration basins. E. Confine the evaluation of the hydraulic and organic capacity to the liquid train through the influent pumping station, primary clarifiers, aeration basins, secondary clarifiers, effluent sand filters, chlorine contact basins, effluent Pumping station, and the associated interconnecting piping. Evaluation of electrical, mechanical, structural, screenings, sidestreams, solids processing, chemical feed and other process lines, reliability, redundancy, efficiency, safety, and operational aspects of the Plant are outside the scope of this evaluation. Page 2 o r 6 A.2 page 5 PLANT STUDY F. Rely on the Conformed-to-Construction Records provided by the City for elevations of weirs, walls, ground surface elevations, pipeline inverts, basic unit dimensions, and diameters to be used in the analysis. G. Meet with City staff approximately two weeks after commencement of work to advise staff of findings to date and schedule for final deliverable. H. Prepare final letter report and deliver fifteen copies to City staff within 31 days after commencement of work. SECTION V — COORDINATION WITH "OWNER" The "ENGINEER" shall keep the "OWNER" updated as the study progresses. SECTION VI — OFFICE LOCATION FOR REVIEW OF WORK Review of the work as it progresses under this Agreement shall be made at the "OWNER' S" Public Works Director's Office. SECTION VII — FINAL SUBMISSION Fifteen ( 15) copies of the Report shall be submitted. SECTION VIII — TIME OF BEGINNING AND COMPLETION The "ENGINEER" shall begin work under this Agreement within ten ( 10) days of notice to proceed and shall complete the study within 31 calendar days. SECTION IX — FEES AND PAYMENTS For, and in consideration of, the services to be rendered by the "ENGINEER," the "OWNER" shall pay the "ENGINEER" on the basis of actual salary costs for work time directly connected with work chargeable to the project multiplied by a factor of 3 .326 plus direct reimbursable expenses associated with the project which are payable as follows: 1 .) Total estimated Labor for Study: $29, 156 2 .) Total estimated Direct Expenses: 3 ,3 1 G 3 .) Total estimated Engineering Contract Amount, not to exceed: $321472 Pagc 3 of 6 A.2 page 6 PLANT STUDY The basis of this upper limit and justification for the fee is contained in Appendix "A" attached hereto. Subject to the City Council approval, adjustment of the upper limit may be made should the "ENGINEER" establish and the "OWNER" agree that there has been or is to be a significant change in scope, complexity or character of the services to be performed; or if the "OWNER" decides to shorten the duration of work from the time period specified in the Agreement for completion of work and such modification warrants such adjustment. Appendix "B" covers the classification of personnel and the salary rate for all personnel to be assigned to this project by the "ENGINEER." Final payment for services shall be made upon the "OWNER' S" approval and acceptance with the satisfactory completion of the Report. SECTION X — CHANGES The "OWNER" may at any time, by written order, make changes within the general scope of the contract in the work and services to be performed. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this contract, an equitable increase or decrease shall be made in the upper limit contract amount, including fee or time of required performance, or both, and the contract shall be modified in writing accordingly. Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor or the City Council in advance of the change in scope, price of fees. Any claim by the ` ENGINEER" for adjustment under this clause must be asserted within thirty (30) days from the date of receipt by the "ENGINEER" of the notification of change; provided, however, that the "OWNER" if it decides that the facts justify such action, may receive and act upon any such claim assessed at any time prior to the date of final payment under this contract. Failure to agree to any adjustment shall be cause for a dispute concerning a question of fact within the meaning of the clause of this contract entitled SECTION XIII — MISCELLANEOUS PROVISIONS, ( 1 ) Dispute Resolutions. However, nothing in this clause shall excuse the "ENGINEER" from proceeding with the contract as changed. SECTION XI — OWNERSHIP OF DOCUMENTS All documents remain the property of the "OWNER." The "ENGINEER" may retain reproduced copies. Pagc 4 of 6 A.2 page 7 PLANT STUDY SECTION XII — POSTPONEMENT OR CANCELLATION OF THE CONTRACT It is understood that the "OWNER" will have the right to suspend or cancel the work at any time. A. Postponement — Should the "OWNER," for any reason whatsoever, decide to postpone the work at any time, the "OWNER" will notify the "ENGINEER," who will immediately suspend work. Should the "OWNER" decide during such suspension not to resume the work, or should such suspension not be terminated within a year, the work shall be cancelled as hereinafter provided. B . Cancellation — Should the "OWNER," for any reason whatsoever, decide to cancel or to terminate the use of the "ENGINEER' S" service, the "OWNER" will give written notice thereof to the "ENGINEER," who will immediately terminate the work. If the "OWNER" so elects, the "ENGINEER" may be instructed to bring a reasonable stage of completion to those items whose value would otherwise be lost. The "ENGINEER" shall turn over all data or information collected or produced hereunder whether partial or complete. Upon such termination of the "ENGINEER' S" services, the "ENGINEER" shall be paid on a proportional amount of the total fee, less prior partial payments, based on the ratio of work done to the total amount of work to be performed. SECTION XIII — MISCELLANEOUS PROVISIONS 1 . Dispute resolution — Any dispute concerning a question of fact in connection with the work and having a financial value of S 10,000, or less, shall be referred for determination to the Mayor of the City of Fayetteville whose decisions in the matter shall be final and conclusive. Disputes resulting from claims greater than S 10,000 shall be subject to mediation. 2. Responsibility for Claims and Liability — The "ENGINEER" shall save harmless the "OWNER" from all claim and liability due to its (the "ENGINEER' S") activities, or those subcontractors, its agents, or its employees during the time this contract is in force. 3 . General Compliance with Laws — The "ENGINEER" shall comply with all federal, state and local laws and ordinances applicable to the work. The "ENGINEER" shall be a professional engineer, licensed in the State of Arkansas. 4. Engineer's Endorsement — The "ENGINEER" shall endorse the Report. Pagc 5 ot'6 A.2 page 8 PLANTSTUDY SECTION XIV — SUCCESSORS AND ASSIGNS The "OWNER" and the "ENGINEER" each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Agreement, except as above, neither the "OWNER" nor the "ENGINEER" shall assign, sublet or transfer its interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any possible personal liability on the part of any officer or agent of any public body which may be party hereto. SECTION XV — COVENANT AGAINST CONTINGENT FEES The "ENGINEER" warrants that it has not employed or retained by company or person, other than a bonafide employee working solely for the "ENGINEER," to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the "ENGINEER," any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the "OWNER" shall have the right to annul this contract without liability. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date and year herein written. CITY OF FAYETTEVILLE ENGINEER By: Mayor s & cDonnell Engineering Company, Inc. By . Joel . Cerwick, E. ATTEST: Vice President City Clerk TTEST Pagc 6 of 6 22p# 9 PLANTSTUDY zt 2 ■ ■ ■ ; ■ ; J ; ■ ; ■ ■ ■ ■ q ; . . . . . . . . . . . . . . . . | . . . . . . . . . . . . . . . . . , . _ ! : , . . . . . . , . . . . . . . . . _ } # ) � ! 2 § § § § § ■ » ; ; § ; 55 ! ! ! gym ; - - - - . � - _ . - _ - - . _ _ - � ! , ff � � . ! ! a � ! ! I . ! ] . t; - } 222 ƒ i ) ƒ f ! ! t f � 4 ! } % IAIz / | A.2 page 10 PLANT STUDY CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT OF PUBLIC WORKS EVALUATION OF PAUL A. NOLAND WASTEWATER TREATMENT PUNT CAPACITY APPENDIX B PERSONNEL CLASSIFICATION AND SALARY RATE The following personnel are anticipated to be assigned to the project: NAME =roductiona OSITION POSITION CLASSIFICATION CLASSIfICATION LEVEL HOURLY SALARY ]ergSondere er, P.E. a er Associate 14 531.13 David Hauser, P.E. inter I Senior I7 28.02 Kent Monter, P.E. inter 11 Senior 13 2R 14 Stilt, TRN Steno shit Technician• 6 1111 Staff. TBN n General Office* Sit 10.76 1. Position classifications listed above refer to the Firms internal classification system for employee compensation. For example, "Associate", "Senior", etc., refers to such positions as "Associate Engineer", "Senior Architect", etc. 2. The hourly salary rates shown above are effective for services through December 31, 1999, and are subject to revision thereafter. 3. For the non-exempt personnel in positions marked with an asterisk, overtime will be billed at IS times the average hourly salary rates shown. aOxNS A MCDONNELL CDNTIOENTIAL Pact I of 1 01101179 F 'YETTEVI LLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE July 27, 1999 To: Fayetteville City Council From : Don Bunn , Assistant Public Works Director Thru: Charles Venable, Public Works Director Fred Hanna, Mayor Subject: Engineering Contract Amendment Benham Group Dickson Street Project The staff is proposing an amendment to our contract with the Benham Group which would allow for property surveys along either side of Dickson Street from College Avenue to Arkansas Avenue. The purpose of the surveys will be to establish the right of way of Dickson Street to insure that all of the proposed work is contained within the right of way and no work is performed on private property. Attached is a proposal from Milholland Company, a subcontractor to the Benham Group, for the work. Milholland will perform the necessary surveys at a price of $31 ,950.00. Also it is estimated that the abstract work associated with the research of properties will be approximately $10,000.00 ( 100 partials at $100.00 each). The total contract amendment would be for $41 ,950.00. Also attached is a faxed copy of the proposed amendment with the Group. A formal contract amendment is expected to be submitted by the Benham Group this week and will be available at the Council Meeting on August 3, 1999. It is the recommendation of the Staff that the contract amendment be approved . i FAYETTEN I LLE THE CITY OF FAYETTEVILIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE July 27 , 1999 To: Fayetteville City Council From : Don Bunn, Assistant Public Works Director .1 Thru : Charles Venable, Public Works Director Fred Hanna, Mayor Subject: Engineering Contract Amendment Benham Group Dickson Street Project The staff is proposing an amendment to our contract with the Benham Group which would allow for property surveys along either side of Dickson Street from College Avenue to Arkansas Avenue. The purpose of the surveys will be to establish the right of way of Dickson Street to insure that all of the proposed work is contained within the right of way and no work is performed on private property. Attached is a proposal from Milholland Company, a subcontractor to the Benham Group, for the work. Milholland will perform the necessary surveys at a price of $31 ,950.00. Also it is estimated that the abstract work associated with the research of properties will be approximately $10,000.00 (100 partials at $100.00 each) . The total contract amendment would be for $41 ,950.00. Also attached is a faxed copy of the proposed amendment with the Group. A formal contract amendment is expected to be submitted by the Benham Group this week and will be available at the Council Meeting on August 3, 1999. It is the recommendation of the Staff that the contract amendment be approved . i s AGENDA REQUEST FORM XX AGENDA REQUEST COUNCIL MEETING OF August 3 , 1999 FROM : Don Bunn Public Wks Admin Public Works Name Division Department ACTION REQUIRED : Approval of a contract amendment with the Benham Group for property surveys on Dickson Street in the amount of $ 39 , 950 . 00 . 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