HomeMy WebLinkAbout2000-06-06 - Agendas - Final FAYETTEVIRLE
THE CITY OF FAYETTEVILLE, ARKANSAS
FINAL AGENDA
FAYETTEVILLE CITY COUNCIL
JUNE 6, 2000
A meeting of the Fayetteville City Council will be held on June 6, 2000 at 6:30 p.m. in Room 219 of
the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
A. CONSENT AGENDA
1 : APPROVAL OF THE MINUTES: Approval of the minutes from the May 16, 2000
City Council meeting.
2. GARLAND STREET IMPROVEMENTS: A resolution approving an engineering
design contract in the amount of $28,253 .37 with Hawkins-Weir Engineers, Inc. for
JUv the design of water and sanitary sewer relocations and system improvements on
Garland Street from Maple Street to North Street in preparation for the State AHTD
widening of Garland Street.
3. COPS IN SCHOOLS FEDERAL GRANT: A resolution accepting a Cops in
7 , ! Schools Federal Grant in the amount of $470,095 .00 and approval of a budget
adjustment in the amount of $46, 530. 00.
4, OLD MISSOURI ROAD IMPROVEMENTS: A resolution approving a contract
for surveying services in the amount of $70,060.00 with Garver Engineers for the Old
jy�,DO Missouri Road improvements, and approval of a budget adjustment in the amount of
$70,060.00 to fund the surveying contract.
5, BID 00-42: A resolution awarding Bid 00-42 to Central States Fire Apparatus LLC
-7(0 _(qo for the purchase of a new Fire Department pumping engine at a cost of $209,096.00.
6. AD 00- 10.00: A resolution approving AD 00- 10. 00 as submitted by the City Planning
77 Da Division to adopt the planning area boundary.
B, OLD BUSINESS
113 WEST MOUNTAIN 72701 501521-7700
FAX 501 575-8257
C. NEW BUSINESS
1 . ✓ RZ 00- 15.00: An ordinance approving rezoning request RZ 00- 15 .00 submitted by
Bill Helmer on behalf of Clifford and Mary Clevenger and Mary Silvis for property
\t73 \J located at 831 N. 54' Avenue. The property is zoned A- 1 , Agricultural and contains
approximately 2.97 acres. The request is to rezone to R- 1 , Low Density Residential.
AIRPORT STANDARDS: A resolution adopting the updated "Minimum Standards
for Operations and Commercial Activities" for the Fayetteville Municipal Airport-
Drake Field replacing the current document and its revisions.
RFQ 00-4: Resolution approving a Letter of Engagement to Kutak Rock &
VY Campbell for attorney services on the financing of the Wastewater Treatment Plant
79,0 6 Facility.
v 11 RFQ 98-10: Resolution approving a Letter of Engagement to Wright, Lindsey &
Jennings for the financing of the New Library.
5. f fJFARMERS MARKET: Ordinance amending section 114. 03 of the Code of
�(�, ' Fayetteville, Food; Milk, as proposed by the Board of Directors of Rural Mountain
D Producers Exchange, Inc. to allow vendors to use parking spaces on the east side of
East Street and to allow th" of other processed farm products.
6. / PARTIAL PERMIT: An ordinance repealing section 156.04, section 169.03 (B)(6),
and section 170.03(A) of the Code of Fayetteville, Unified Development Ordinance,
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and amending those sections to prohibit non-final, partial and or phased grading
and/or stormwater management, drainage and erosion control permits.DAMAGE CLAIM: Consideration of a damage claim filed against the City by Giw
Richard Shewmaker.
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MINUTES OF A MEETING
OF THE
FAYETTEVILLE CITY COUNCIL
MAY 169 2000
A meeting of the Fayetteville City Council was held on May 16, 2000 at 6:30 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
PRESENT: Mayor Fred Hanna; Aldermen Robert Reynolds, Ron Austin, Bob Davis, Trent
Trumbo, Heather Daniel, Kevin Santos, Cyrus Young and Kyle Russell; City Attorney Jerry
Rose; City Clerk Heather Woodruff; Staff; Press; Audience.
Charles Venable, Public Works Director, presented Ms. Lisa Paschal with an Employee of the
Month Award. Ms. Paschal is a horticulturist with the Parks & Recreation Department. Mr.
Venable stated the City tried to recognize employees for ideas which would save the City money.
Ms. Paschal has proposed to plant certain types of ground cover to replace some of the grass
areas which need to be mowed. Lisa has recognized seven park areas in which the city is going
to try and restore or create meadow habitats. These seven parks include: Routh Park, Buddy
Hayes Park, Red Oak Park, Ridgeway View Park area, Combs Park, as well as undeveloped
wetlands in Bryce Davis Park and Salem Village. She is also working with Adopt-A-Park
groups at Bridgeport and Red Oak Park to restore natural areas. These areas are now difficult to
mow and maintain. She is also going to plant shrubs, trees, and floxders that are native to the
area. Permanent plant labels will also be used to identify one planf from another. She also has
identified five city streets for a Native Meadow and Habitat Plan. Certain sections of Gregg
Street, Mt. Comfort Road, Wedington Drive and Deane Street have been identified. Based on
our records, last year's mowing records, its`,_aiiticipated that the City will save approximately
$800.00 an acre for following this plan. AW ®®
Mayor Hanna presented Lisa Paschal with a certificate and a check, and thanked her for her
recommendations and hard work.
Ms. Lisa Paschal thanked Connie Edmonston, Parks & Recreation Superintendent, and Terry
Gulley, Turf and Facility Coordinator, for their encouragement and support.
A
Mayor Hanna stated the only item on the agenda was the Consent Agenda.
CONSENT AGENDA
APPROVAL OF MINUTES
Approval of the minutes of the May 2, 2000 City Council meeting.
0 0
MUTUAL AID AGREEMENT: A resolution approving a mutual agreement with Arkansas
Rural Water Association and identifying the Mayor or his designee as the authorized
representative.
RESOLUTION 60-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
SEWER REHABILITATION: A resolution approving Change Order Number 2 for the
construction contract with Insituform Technologies, Inc. for citywide sewer rehabilitation
construction, in the amount of $388, 158.50, and approval of a contingency of $39,000. This is a
change order for a second term of a previous bid, approved and executed term contract.
RESOLUTION 61 -00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
TRACT #44 GAS EASEMENT: A resolution authorizing the Mayor to sign a 30-foot easement
across property designated as Tract #44 containing approximately 2400 square feet for 16-inch
high pressure gas lines for the Arkansas Western Gas Co. The property is the Fayetteville Fire
Station on Highway 265 .
RESOLUTION 62-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
TRACT 93X: A resolution authorizing the Mayor to sign a 30-foot easement across property
designated as Tract #3X containing approximately 5700 square feet for 16 inch high pressure gas
lines for the Arkansas Western Gas Co. The property is located at 897 N. Crossover Road.
RESOLUTION 63-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
DRAINAGE IMPROVEMENTS: A resolution approving a cost share agreement with
Lindsey-Green Commercial Properties for drainage improvements between Millsap and
Highway 71 . The cost share will not exceed $23,452.50 (one-half of the estimated $46,905 .00
costs) without further approval.
RESOLUTION 64-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK
PHYSICAL FITNESS: A resolution adopting the revised Physical Fitness for Law
Enforcement Officers Policy.
RESOLUTION 65-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
T-HANGAR: A resolution approving an amendment to Task Order No. 2 to the agreement with
McClelland Consulting Engineers, Inc. for an amount not to exceed $7,935 .00. The amendment
provides for the design and construction oversight for a second T-hangar unit during the next
construction phase of growth for general aviation at the Airport.
RESOLUTION 66-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
0 9
OZARK REGIONAL TRANSIT: A resolution approving a budget adjustment increasing the
transfer to Ozark Regional Transit, an additional $20,000.
RESOLUTION 67-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
61h STREET EXTENSION: A resolution approving a construction contract and project
contingency funds for 6`h Street extension road construction and 6'h Street/S . School Avenue
intersection improvement.
RESOLUTION 68-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
BID 00-39: A resolution awarding Bid 00-39 to Roofing Systems, Inc. for replacing the roof at
the Engineering Building (formerly TCA Cable), 125 W. Mountain at a cost of $38,605 .00, and a
10% contingency of $3,860.00.
RESOLUTION 69-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
BID 00-40: A resolution awarding Bid 00-40 to Franklin and Son, Inc. for replacing the roof at
Parks Complex, 1455 S . Happy Hollow Road at a cost of $26, 140.00
RESOLUTION 70-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
BID 00-43: A resolution awarding Bid 00-43 to Airworks, Division of MCC for HVAC at the
Engineering Building located at 125 W. Mountain Street at a cost of $55,455 .00 with a 10%
contingency of $5,545 .00.
RESOLUTION 71-00 AS RECORDED IN THE OFFICE OF THE CITY CLERK.
Alderman Ron Austin made a motion to approve the Consent Agenda. He wanted to point out to
the public that there was thorough involvement of many staff members to bring the Agenda to
this point. The Building Maintenance staff, the business people, the grant writers and
administrators, the Airport Board and staff, the Parks & Recreation people, the Street Division
people, the Water & Sewer people, the Engineering Department, and he was sure he left some
out. All of them have worked very hard on these items. It seems the Council shouldn't just pass
the items on through just because they are on the Consent Agenda. He just wanted to recognize
all of those people, of which some of them were here tonight.
The other Aldermen agreed with Alderman Ron Austin.
Alderman Kevin Santos seconded the motion.
Mayor Hanna stated that the Council had a motion and second to approve the Consent Agenda.
He asked the City Clerk to call the roll.
0 0
Alderman Ron Austin made a motion to approve the Consent Agenda. Alderman Kevin
Santos seconded the motion. Upon roll call the motion passed unanimously.
ANNOUNCEMENTS
Alderman Kevin Santos stated there would not be an Environmental Concerns Committee
meeting. The committee normally met on the third Wednesday of every month at 5 :30 p.m., but
their speaker for this month had a scheduling conflict and would not be there. Their next
meeting would be the third Wednesday in June at 5 :30 p.m. in Room 326.
Alderman Ron Austin announced there would be two Ordinance Review Committee meetings.
May 30`", immediately following the Agenda Session. They would be discussing the use of sales
tax and permits and grading, stormwater and stormwater management. The second meeting
would be June 27". They were going to take up the tree preservation ordinance.
Alderman Trent Trumbo mentioned the City needed additional volunteers for Meals-On-Wheels.
Explaining there was shortage of drivers during the summer months. If anyone was interested,
please call Betty Turner, Council of Aging.
Alderman Cyrus Young asked if the Ordinance Review Committee was going to take up the tree
ordinance?
Alderman Ron Austin replied he had been asked to put it on the agenda. Adding he put every
item on the agenda that he had been asked to and he had announced every one of them in public.
Alderman Cyrus Young stated the Ordinance Review Committee seemed like the wrong
committee to be reviewing the Tree Ordinance.
Alderman Ron Austin replied he didn't know if they needed to change the ordinance, but some
people seemed to think that they did. The Ordinance Review Committee, he assumed, was the
proper place for review before it was referred to Council, but no one else was precluded from
dealing with it.
Meeting Adjourned at 6:40 p.m.
FV E I I A. 2. Page 1
STAFF REVIEW FORM MAY 0 9 2000
X AGENDA REQUEST /V
FAYETTEVILLE
X CONTRACT REVIEW CITY O� WSOFICE
tiaroRs o�wE
GRANT REVIEW
For the Fayetteville City Council meeting of June 6 . 2000
FRnM •
Jim Beavers Engineering Public Works
Name Division Department
ACTION REQUIRED :
Approval of an engineering design contract in the amount of $ 28 , 253 . 57 with
Hawkins - Weir Engineers , Inc . for the design of water and sanitary sewer
relocations and system improvements on Garland from Maple to North Street
in preparation for the State AHTD widening of Garland from Maple to North
Street .
COST TO CITY :
Garland Ave - Water
$ 28 . 253 . 57 $ 540 . 000 And sewer relocations
cost of this Request Project Budget Project Name
4470 - 9470 - 5808 . 00 $ O Water / Sewer Improvements
Account Number Funds Used To Date Program Name
00018 - 1 $ 540 . 000 Sales Tax
Project Number Remaining Balance Fund
BUDGET REVIEW : X Budgeted Item Budget Adjustment Attached
udg t Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
Acco"6tiri6 r Date ADA Coordinatot. Date
ity Atto ey Date I rnal Auditor Date
U.JJ" 5-9 -00
Purchasing Officer Date
STAFF RECOMMENDATION : Approval
MALA IDto
i ' on Head vete Cross Reference
New Item : Yes
DeQJrtm nt Director D to
ill I
7 4 i 0 �� Prev Ord/Res #
A n4 tra Services Director Date
Orig Contract Date :
Mayor Date
�". .4..0 oE. .uEprov
A 2 Page 2 TEVfLE
1 '171 L s
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thnt: Charles Venable, Public Works Director
Contract Review
From: Jim Beavers, City Engineer
Date: May 8, 2000 ��JJ
Re: Council Meeting June 6, 2000
Proposed engineering contract with Hawkins-Weir Engineers
Garland Avenue water/sewer relocations
The AHTD is planning to widen Garland (Highway 112) between Maple and North Street. In
preparation of the proposed widening water and sanitary sewer relocations are necessary. The proposed
water and sanitary sewer scope is relocate the existing 10 inch water line in Garland between Maple and
Cleveland with a relocated 12 inch main, replace and encase the sanitary sewer at the intersection of
Garland and Cleveland, and construct anew 12 inch water main along Garland between Cleveland and
North Street to reinforce the water system in this area. Additional information can be found on page 106
of the CIP (copy enclosed).
The AHTD schedule for widening is dependent upon right-of-way negotiations with Leverett
Elementary and other properties along Garland. The public hearing has not yet been scheduled. Staff
recommends that we proceed with the design in anticipation of the AHTD and School reaching an
agreement.
The engineering firm of Hawkins-Weir was chosen based upon a formal selection in accordance with
State law and the City's policy for engineering selections.
The proposed contract is for design and bidding only with a not-to-exceed price of $28,253 .57 with a
provision for a future amendment to add construction management if the City so desires.
Enc:
1 . Vicinity Map/CIP page 106
2. Two original contracts for signature.
• • A. 2. Page 3
CITY OF FAYETTEVILLE, ARKANSAS
2000 - 2004 CAPITAL IMPROVEMENTS PROGRAM
PROJECT DETAIL
PROJECT TITLE: Garland Avenue - Water/Sewer Relocations PROJECT COST
REQUESTING DIVISION: Water/Sewer 8 Engineering 2000 E 540,000
2001
FUNDING SOURCE: Sales Tax Capital Improvements Fund 2002
PROJECT CATEGORY: Water & Sewer Improvements 2003
2004
INITIAL YEAR PRIORITY: 1
TOTAL PROJECT COST E 540,000
PROJECTTYPE: REPLACEMENT Y EXPANSION Y
PROJECT DESCRIPTION 8, JUSTIFICATION :
Garland Avenue (Slate Highway 112) relocations from Maple to North. Relocation of an existing 10 Inch water main from Maple to
Cleveland. New 8 Inch or 12 inch water main from Cleveland to North, relocate the sewer crossing as necessary at Cleveland and
east to west ties to the line at Lindell. The relocations are mandated due to the AHTD widening of Garland from Maple to North. The
extension is requested to strengthen the water flow to the University and the Garland area.
PROJECT STATUS (IF IN PROGRESS) :
The AHTD has requested that the City provide the proposal for relocations by November 15, 1999.
EFFECT OF THE PROJECT ON ANNUAL OPERATIONS
Nominal maintenance on the water mains and gravity sewer mains.
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A. 2. Page 4
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
STATE OF ARKANSAS
COUNTY OF WASHINGTON
This Agreement entered into and executed this _ day of 2000, by
and between the City of Fayetteville acting by and through its Mayor hereinafter called the
"OWNER" and Hawkins-Weir Engineers, Inc. with offices located in Van Buren, Arkansas
hereinafter called the "ENGINEER".
WITNESSETH:
Whereas, the "OWNER" is planning to relocate water and sanitary sewer lines as necessary to
accommodate the proposed widening of Garland Avenue from Maple Street to North Street per
AHTD job 040273 and Whereas the "OWNER'S " forces are fully employed on other urgent
work that prevents their early assignment to the aforementioned work; 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
The Project consists of the engineering services required for the relocation and extension of
water and sanitary sewer lines and improvements necessary to accommodate the widening and
reconstruction of Garland Avenue from Maple Street to North Street per AHTD job 040273 .
• • A. 2. Page 5
SECTION III - INFORMATION & SERVICES
The "OWNER" will furnish any specifications, standards and other information which may relate
to the project including GPS survey data. Aerial mapping data will be provided, free of charge, to
the "ENGINEER" on magnetic media.
SECTION IV - SERVICES TO BE FURNISHED BY THE "ENGINEER" DURING "DESIGN"
PHASE
The project will be designed and constructed to meet water and sewer standards in accordance
with the "OWNER'S" Water and Sewer, and other related Standards. Construction specifications
shall be based on "Standard Specifications for Highway Construction Edition 1996 of the
AHTD" and latest special provisions and City of Fayetteville Specifications relating to the design
of this project. The design concept with regard to water and sewer relocations, geometric,
detours, right-of-way, utility easements, and other related items shall be submitted by the
"ENGINEER" (in the form of a Preliminary Engineering Assessment) and approved by the
"OWNER" prior to beginning design work.
The "ENGINEER" shall provide all field survey data from field work for designing the project
and this shall be tied to the "OWNER'S" GPS control network.
The "ENGINEER" shall prepare and submit the following documents to the Owner.
Conceptual Design Documents (25% complete) including:
A. Existing conditions
B. Proposed AHTD improvements
C. Existing and proposed franchised utility locations
D. Technical design memorandum
E. Outline of specifications
F. Narrative outlining design decisions, conclusions, and recommendations
G. Cost Estimate
Preliminary Design Documents (50% complete) including:
A. 50% complete construction plans
" nunuu tet. auANA V r
A. 2. Page 6 • •
B. Draft copy of specifications and bid documents (excluding bid form/proposal)
C. Cost Estimate
Prefinal Design Documents (95% complete) including:
A. Plans
B. Specifications and Bid Documents
C. Cost Estimate
Final Design Documents ( 100% Complete)
The "ENGINEER" shall conduct preliminary design to prepare preliminary construction plans
including preliminary plans, preliminary specifications, and preliminary cost estimate.
The "ENGINEER" shall provide surveying, mapping, and related services as required to prepare
Right-of-Way / Easement documents for the "OWNER'S" use in acquisition activities.
The "ENGINEER" shall furnish plans to all utility companies affected by the project and if
necessary, shall conduct a coordination meeting among all affected utility companies to enable
them to coordinate efforts for the necessary utility relocations. This coordination meeting will
take place at the City Engineer's office.
Prior to the start of construction, the "ENGINEER" shall establish benchmark for elevation
control and tie layout work to Fayetteville's GPS.
SECTION V - COORDINATION WITH "OWNER"
The "ENGINEER" shall hold conferences throughout the design of the project with
representatives of the " OWNER" to the end that the design, as perfected, shall have full benefit
of the "OWNER'S" knowledge and be consistent with the current policies and construction
practices of the "OWNER". The "OWNER" reserves the right to accept or reject any or all plans,
but this stipulation will not relieve the "ENGINEER" of responsibility for the design of the
project.
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"
City Engineers office.
SECTION VII - DELIVERABLES
The "ENGINEER" shall provide the following:
. • A. 2. Page 7
A. Concept Phase — two (2) sets of plans and documents
B. Preliminary Phase — two (2) sets of plans and documents
C. Prefinal Phase — two (2) sets of plans and documents
D. Final Phase - three (3) sets of plans and documents along with:
( 1 ) One ( 1 ) copy of all design calculations.
(2) Originals of all drawings, specifications, and contract documents.
(3) One ( 1 ) electronic copy of plans (in AutoCAD Release 14) and bid documents.
E. Right of Way/Easement surveys including a right of way/easement map showing all
property needed to be acquired by the Owner with legal descriptions for each individual
parcel.
SECTION VIII - ENGINEER RESPONSIBILITY DURING "BIDDING" AND
"CONSTRUCTION" PHASES
During the "Bidding" phase of the project, the "ENGINEER" shall provide all engineering and
administrative services needed to obtain bids for the construction project, evaluate the bids, and
consult with and advise the "OWNER" as to the acceptability of the best bidder.
During the "Construction" phase of work, the "ENGINEER" shall provide administrative and
engineering services including resident construction observation services to determine whether
the Contractor has met the requirements of the design plans and specifications. The
"ENGINEER" shall review the Contractors progress payment requests based on the actual
quantities of contract items completed and accepted, and shall make a recommendation to the
"OWNER" regarding payment.
SECTION IX - SUBCONTRACTING
Subcontracting by the 'ENGINEER" of any of the services provided herein shall require prior
approval by the "OWNER".
SECTION X - 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 plans for the construction contract within 90 calendar days.
(n. ne+1
The above completion time is predicated upon the fact that the "OWNER" will cause to be
processed approvals of interim work in an expeditious manner 15 days per submittal.
A. 2. Page 8 • •
SECTION XI - FEES AND PAYMENTS
A. "Design" Phase Services:
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, plus payroll additives and general
overhead costs of % of direct labor costs, plus direct reimbursable expenses associated
with the project, plus a fixed fee which are payable as follows:
1 ) "Design" phase services: 23.753 .57
2) Fixed fee for "Design" services: 3.500.00
3) Reimburseables: 1 .000.00
4) Engineering contract amount for "Design" phase
services not to exceed: 28.253 .57
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 Design services shall be made upon the "OWNER'S" approval and acceptance
with the satisfactory completion of the "Design" phase for the project.
B. "Construction" Phase Services: (This section may be added by Contract Addendum after
the Design Phase is complete and a Contractor is selected.
For "Construction" phase services rendered by the "ENGINEER", the "OWNER"
shall pay the "ENGINEER" on the basis of salary costs for work-time directly connected
with the project, plus payroll additives and general overhead costs of
% of direct labor costs (plus direct reimbursable expenses associated with the
project), plus a fixed fee which are as follows:
• • A. 2. Page 9
1 ) "Construction" phase services costs not to exceed: N/A
2) Fixed fee for "construction" phase services: N/A
3) Engineering contract amount for "Construction"
phase services not to exceed N/A
(based upon an assumed construction period not to exceed days.)
The basis for this estimate is appendix C. The "ENGINEER" shall invoice the
"OWNER" monthly for construction phase services, and the final payment for
"Construction" phase services shall be made upon the "OWNER'S" approval and
acceptance with the satisfactory completion of the "Construction" phase of the project.
SECTION XII - 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 with 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 XVII MISCELLANEOUS
PROVISIONS, ( 1 ) Dispute Resolutions. However, nothing in this clause shall excuse the
"ENGINEER" from proceeding with the contract as changed.
SECTION XIIII - OWNERSHIP OF DOCUMENTS
All documents, including original drawings, disks of CADD drawings and cross sections,
estimates, specification field notes, and data are and remain the property of the "OWNER". The
"ENGINEER" may retain reproduced copies of drawings and copies of other documents.
V AJ MAIU JL, IMPI V V • •
A. 2. Page 10
SECTION XIV - 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 tum over all data, charts, survey notes, figures,
drawings and other records 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 XVI - MISCELLANEOUS PROVISIONS
1 . Dispute resolution - Any dispute concerning a question of fact in connection with
the work and having a financial value of $ 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
$ 10,000 shall be subject to mediation.
2. Responsibility for Claims and Liability - The "ENGINEER" shalt 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.
• 0 A. 2. Page 11
4. Engineer's Endorsement - The "ENGINEER" shall endorse and recommend all
plans, specifications, estimates and engineering data furnished by it. All design
shall be checked in accordance with accepted engineering practices. All plan
quantities shall be checked and verified.
SECTION XVII - 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 XVIII - 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 first herein written.
CITY OF FAYETTEVILLE ENGINEER
By: i 01 1- 4&
Mayor Name of the firm
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By: "0000 4
Authorized Representative
ATTEST:
City Clerk ATTEST
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A. 2. Page 14
APPENDIX B
Salary Cost of Employees Assigned to Job # 00078A
Name Position Salary Cost
Ronald R. Hawkins Project Manager $36.56
Keith Kestner Project Engineer $20.42
Steve Hendrix Design Technician $20.28
Mike Henson CAD Supervisor $ 14. 15
Ron Ray CAD Technician $ 14. 15
Ron Schildhauer CAD Technician $ 14. 15
Bill Jones Field Crew $24.20
Chuck Bainbridge Field Crew $24.20
Jan Hutton Clerical $ 10.05
0 STAFF REVIEW FORM A. 3. Page 1•
X AGENDA REQUEST
CONTRACT REVIEW
X GRANT REVIEW
For the Fayetteville City Council meeting of June 6 , 2000
FROM :
Richard L . Watson Police Police
Name Division Department
ACTION REQUIRED :
City Council accept the $470 , 095 . 00 Cops in Schools Federal Grant and approve a
budget adjustment in the amount of $ 46 , 530 . 00 from Use of Fund Balance .
COST TO CITY :
$ 111 , 822 $ 4 , 097 , 831 . 00 Patrol Program
( 65 , 292 ) grant rev
$46 , 530 net cost
Cost of this Request Category/Project Budget Category/Project Name
multiple $ 1 , 448 , 477 Patrol
Account Number Funds Used To Date Program Name
$ 2 , 649 , 354 . 00 General
Project Number Remaining Balance Fund
BqDGET REVIEW : Budgeted Item X Budget Adjustment Attached
Budget Manager Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING GE CY :
`�7r 9 aCAA fy
AccountingMandyer F Date IrUrnal Auditor Date
ty A torney Date ADA Coordinator Date
k * 5- 10 -00
Purchasing Officer Date
STAFF RECOMMENDATION : Accept the $ 470 , 095 . 00 Cops in Schools grant and approve
a budget adjustment in the amount of $46 , 530 . 00 .
Division Head Date Cross Reference
Id
5- 9-to New Item : Yes No
Departmen Director Date
Prev Ord/Res q •
A ivp at a Services Director `Da e
5„/h^60 Orig Contract Date :
Ma or Date
Federal Grant • •
A. 3. Page 2
No, these positions are funded 100% at the rate of salary and benefits requested at the time of
application. The application kit used in this grant procedure was the Universal Hiring Program
(UHP) application kit. The UHP grant is a 75% federal grant with a 25% local matching
requirement but the COPS in Schools grant is a 100% funded grant for salaries and benefits.
FA ET VILP- • A. 3. Page 3
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Hanna and Members of the Fayetteville City Council
FROM: Richard L. Watson, Chief of Police
DATE: May 8, 2000
SUBJECT: Cops in School Grant
This is a request to accept a federal grant adding 5 officers and approval of a budget
adjustment.
Attached is the application and acceptance agreement for the "COPS IN SCHOOL"
federal grant. This grant will support salaries and benefits for five officers for three years. This
is a non-matching grant. The only expenses the city will incur are operating costs for the School
Resource Officer's program. These expenses include uniforms, training, motor pool, lockers and
portable radios. I have attached a detailed list per year of these expenses. Also, the salaries
projected in the original application were based on the 1998 pay plan, therefore the City will
have to make up the difference in pay since the pay plan has been updated.
Currently the Police Department has four officers assigned to the Fayetteville School
System. One officer at each of the following locations, Fayetteville High School East Campus,
West Campus, Ramay and Woodland Junior High Schools. The additional officers will be
assigned to the following schools: adding second officer to Fayetteville High School East
Campus and West Campus, Holt Middle School, McNair Middle School and one officer to
coordinate and teach our DARE program at all elementary schools in the district.
At the end of the three year period, the City will be responsible for the total expense. We
are required to continue the funding for the five positions. At the time of the application, the
following retention plan was submitted; "The City of Fayetteville plans to retain the officers
hired with the COPS grant after the federal funding expires in three years. We, as a community
have made a commitment to community policing and will keep these positions after the grant
period ends. At the end of the grant period, funding for the officers' salaries will be obtained
from general fund revenues through growth in our local option sales tax. These revenues have
increased in the past allowing the police department to increase personnel at a rate of not less
than three officers per year since 1991 ."
This grant provides an opportunity for the Police Department to better serve the young
people in our community. This program's goal is to help bridge the gap between students and
A. 3. Page 4 • •
law enforcement. Our School Resource Officer program has met with great success both with
students and school administration. Expansion of this program through use of almost a 100%
grant will be of great benefit to the citizens of Fayetteville.
• • A. 3. Page 5
U.S. Department of Justice
Office of Community Oriented Policing Services (COPS)
Quice 0J IN "I"Cor
Washington DC 10530
April 17, 2000
Chief Richard Watson
Fayetteville, City of
100 A West Rock
Fayetteville, AR 72701
RE: Grant for Fayetteville, City of AR07201
Dear Chief Watson:
It is with great pleasure that I write to inform you that your Department will receive a
COPS in Schools grant award for 5 new, additional full-time officers and 0 part-time officers at an
estimated cost of $470,095.00. This is an estimated amount of federal funds to be awarded to
your jurisdiction for a three year period. The grant award start date is April 1 , 2000, which means
that you can be reimbursed for salaries and benefits of additional officers hired after this date.
Upon budget approval for the officer positions, you will receive a grant award that will
provide your actual award amount for this announcement. To accept your grant, please sign the
award document and return it to the COPS Office within 90 days. Failure to submit the signed
award document in this 90 day period could result in COPS withdrawing you from the grant
program and de-obligating your agency's funding from this grant program.
We are pleased that your Department has elected to participate in the COPS in Schools
grant program and look forward to working with you in a productive partnership to further your
community policing efforts. Should you have any questions, please do not hesitate to contact the
COPS Office at 1 -800-421 -6770. Your grant advisor will be happy to provide you with assistance.
Sincerely,
Thomas Frazier O
Director
reueriu VI MIL • •
A. 3. Page 6 1.
U.S. Department of Justice CFDA No.: 16.710
Office of Community Oriented Policing Services I SAI No. (f.atnt sroc�wry):
Date submitted to SPDC:
gal
Universal Hiring Program Application Form
This form is to be completed by jurisdictions wishing to apply for grants to pay for salaries and benefits of new
or rehired police officers under the Universal Hiring Program. By signing this form you also acknowledge
your understanding that Universal Hiring Program grants provide a maximum Federal contribution of 75 percent
of the approved salary and benefits of each officer over three years unless a waiver is authorized, up to a cap
of $75,000 per officer, with the Federal share decreasing and local share increasing from year to year. All budget
calculations must be based on the salary of an entry-level officer in your department
Please complete the information below. All requested information must be typed.
Applicant Organization's Legal Name: City of Fayetteville Police Department
Applicant Agency EIN Number (assigned by the IRS) : 716018462
(If your department has been assigned an EI/Y number by the Office of Justice Programs, please use that assigned
number. Otherwise, your Internal Revenue Service EBV number should be used.)
Applicant Agency ORI Number (assigned by FBI for UCR reporting): AR072100
Congressional District (number): 3rd
Are you contracting for law enforcement services? U Yes KNo
If "yes, " enter the name and.agency information of the contract law enforcement department in the Executive Information
section below.
EXCCII[IU k fOfI1matiom
Law Enforcement Executive's Name: Richard Watson Title: Chief of Police
Agency Name: Fayetteville Police Department
Address: 100 - A West Rock
City. Fayetteville State: Ar Zip Code: 72701
Telephone: 501-587-3584 FAX 501-587-3522
Name of contact person in your department who is familiar with this grant: Frank Johnson
Telephone: 501-587-3584 FAX: 501-587-3522
1