Loading...
HomeMy WebLinkAbout2004-05-18 - Agendas - Final Final Agenda City Council Meeting May 18, 2004 A meeting of the Fayetteville City Council will be held on May 18, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: 1 . Approval Of The Minutes: Approval of the May 4, 2004 meeting minutes. APPROVED. 2. David and Wayne Turnbull Offer and Acceptance Contract: A resolution to approve the sale of a lot encompassing 3 .26 acres in the south Industrial Park to David and Wayne Turnbull in the amount of $68,630.00 and a budget adjustment as attached. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 71 -04, 3. Water Service Agreement with Springdale: A resolution to approve an amendment to the water service agreement with Springdale to move the water service boundary so that 180 acres now with the Fayetteville Water Service Area can be moved into the Springdale Water Service Area. PULLED FROM CONSENT AGENDA FOR DISCUSSION. 4. Sale of Ford Club Wagon Contract: A resolution to waive the requirements for public auction or formal competitive bids for the sale of a 1997 Ford Club Wagon (Unit 92002) to the Fayetteville Youth Center, Inc. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 72-04. 5. ADEQ Post Closure Trust Fund Authorization : A resolution authorizing the Fayetteville Parks & Recreation Division to request funding from the Post Closure Trust Fund from the Arkansas Department of Environmental Quality (ADEM) for the C & L Landfill study and remediation. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 73-04, 6. Walker Park Senior Complex Budget Approval: A resolution to approve a budget adjustment transferring $24,649.87 into the Walker Park Senior Complex budget for the receipt of late property tax payments. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 74-04. 7. Spout Spring Branch: A resolution to name the creek that runs just to the west of Willow Avenue and south of Spring Street "Spout Spring Branch." PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 75-04, 8. Sale of City Property to the Battered Women's Shelter: A resolution to encourage the City to consider the sale of about four acres of City property to the Battered Women's Shelter for the construction of a new shelter. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 76-04. 9. McClelland Consulting Engineers, Inc. (Highway 62 Water Main): A resolution to approve an agreement for engineering services with McClelland Consulting Engineers, Inc . in the amount of $60,000.00 for planning, field surveys and right-of- way services related to the Highway 62 water main relocation in Farmington and to approve a budget adjustment of $60,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 77-04, Water Service Agreement with Springdale: A resolution to approve an amendment to the water service agreement with Springdale to move the water service boundary so that 180 acres now with the Fayetteville Water Service Area can be moved into the Springdale Water Service Area. THIS ITEM WAS PULLED FROM CONSENT AGENDA AND TABLED TO THE JUNE 11 2004 MEETING. B. OLD BUSINESS: 1 . RZN 04-06.00 (The Crowne): An ordinance rezoning that property described in rezoning petition RZN 04-6.00 as submitted by Jerry Kelso of Crafton, Tull & Associates on Behalf of the Crowne Limited Partnership for property located north of 18th Street and west of Beechwood Avenue containing approximately 10.93 Acres from 1- 1 , Heavy Commercial, Light Industrial to RMF- 12, Residential Multi Family, Twelve Units per acre. This Ordinance was left on the First Reading at the May 4, 2004 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4573, 2. VAC 04-07.00 (Woodall): An ordinance approving VAC 04-07.00 to vacate a 15 ' alley between Taylor and Douglas Streets, west of Gregg Avenue as depicted on the attached legal description, but retaining this area as a utility casement. This Ordinance was left on Second Reading at the May 4, 2004 City Council meeting. PASSED WITH AMENDMENT AND SHALL BE RECORDED AS ORDINANCE NO, 4574, C. NEW BUSINESS: 1 . Forsgren, Inc. Construction Contract: A resolution to award a construction contract to Forsgren, Inc. in the amount of $652,762.00, plus a contingency of $97,000 for construction of drainage improvements for the Holly/Vista and Cleveland/Sang areas, and to approve a budget adjustment of $414,541 .00 for this project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 78-04, 2. Mobley Contractors, Inc. Construction Contract: A resolution to approve a construction contract with Mobley Contractors, Inc. in the amount of $753,553 .04 with a project contingency of $ 133,032.96 for a total of $886,586.00 for the reconstruction of Old Missouri Road from Joyce Boulevard to the Mud Creek Bridge and from Rolling Hills to Old Wire Road. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 79-04, 3. Planning Commission Appeal; Hwy. 62 & Hanshew Dr.: Appeal of the Planning Commissions April 26, 2004 decision to deny a rezoning request for property located at Hwy 62 and Hanshew Rd. DENIED, 4. David Howard Damage Claim Appeal: Appeal of the City Administrations decision to deny a claim for damages by Mr. David Howard against the Fayetteville Water and Wastewater Department. DENIED. 5. Roll Off Style Container Bid Waiver: An ordinance to waive formal competitive bidding requirements during 2004 for the purchase of roll off style steel containers by the Solid Waste Division and to approve a purchase of roll off containers in an amount not to exceed $85,859.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4575, 6. ANX 04-3.00 (Nooncaster): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Nooncaster Vineyards, Inc. located east of Crossover and north of Hearthstone Drive containing approximately 20.01 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4576, 7. RZN 04-08.00 (Nooncaster): An ordinance rezoning that property described in Rezoning petition RLN 04-8.00 as submitted by Ray Smith on behalf of Nooneaster Vineyards, Inc. for property located east of Crossover and north of Hearthstone Drive containing approximately 20.01 acres from R-A, Residential Agricultural to RSF4, Residential Single Family, Four Units Per Acre. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4577. 8. ANX 04-06.00 (Leigh Taylor Properties): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Leigh Taylor Properties, LLC for property located at 2470 Hwy. 112 containing approximately 29.86 acres. 9 9 THIS ITEM WAS LEFT ON THE FIRST READING, 9. VAC 04-10.00 Right of Way (Paul Dunn): An ordinance approving VAC 04- 10.00 to vacate and abandon a 25 ' portion of the platted right of way for Rebecca Street cast of Vinson Avenue along the north boundary of Lot 8 of the Vinson Subdivision, retaining a utility easement within subject property as depicted on the attached map and legal description. THIS ITEM WAS LEFT ON THE SECOND READING, 10. Terracon, Inc. Contract regarding Flood Damage: A resolution to approve a contract for engineering services with Terracon, Inc. in the amount of $50,000.00 for assessment, design, bidding, inspection and contract management services for repairs related to the recent flood damage and to approve a budget adjustment of $ 100,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 80-04, D. INFORMATIONAL: 1 . Council Tour: May 17, 2004 2. Kit Williams - Report on the Housing Authority Board MEETING ADJOURNED AT 7:55 P.M. Fayetteville City Council Meeting oTMay 18, 2004 E Lucas Jordan Reynolds "Thiel Cook Marr Rhoads Davis r/ Mayor Coody Subject: 1 Motion To: � ., n e �� �� 4 3 Motion By: Seconded: Lucas Jordan Reynolds Thiel Cook Marr v Rhoads J9 z 7 ('7 () Davis Mayor Coody Fayetteville City Council Meeting oTMay 18, 2004 • Subject : P �� Motion To: Motion By: Seconded: Lucas f Jordan P., ,fp�y",y/r Reynolds y Thiel Cook Marr Rhoads Davis t/ IMayor Coody � '�� � -f �`.w�' Subject: D 0 , 490 Motion To: Motion By: at.) Seconded: Lucas ✓ IJordan �/ ✓ e J Reynolds J DLN Thiel Cook ✓ ✓ �/ Q Marr Rhoads Davis ✓ ./ i/ Mayor Coody �-f 5 Fayetteville City Council Meeting0 1Jay 18, 2004 • Subject: UAC t47@00 eadaC,/ Motion To: Motion By: M aAA- Seconded: Lucas Jordan r� Reynolds r/ Thiel Cook r/ G� Marr P� Rhoads Davis Mavor Coodv Subject: 7 , .,a Motion To: Motion By: � Seconded: Lucas Jordan ✓ ✓ 7T, ^ Reynolds ✓ Thiel ,/ ✓ r ✓ Cook f �y Rhoads ✓ ✓ Davis ✓ 5 � q M1layor Coody Fayetteville City Council Meeting't, lay 18, 2004 • Subject: 3 a Motion To: Motion By: Seconded: Lucas V , I ' Jordan A�W Reynolds A,h Thiel f� Cook P Marr Rhoads Davis 7 Mayor Coody Subject : Motion To: /�11r e_ G, ✓" ' •a�rAGl ..� Motion By: fG4AJ Seconded: �] Lucas Jordan / ' i Reynolds ./ Thiel � Cook �� Marr ✓ • , Q Rhoads Davis 7 � � � y MayorCoody Fayetteville City Council Meeting oTMay 18, 2004 Subject : p � LI � �" Motion To: Aid 4 � Motion By: rv� Seconded : Lucas .p� 3 Jordan tj AAJ Reynolds P/ ��, A' MAA*" Thiel ✓ Cook � Marr Rhoads Davis Mayor Coody Subject: 2 a ikt Motion To: Motion : Seconded: Lucas � Jordan Reynolds j,� ✓ Thiel Cook Marr /Deo Rhoads ✓ Davis Mayor Coody Fayettevine City Council Mecting o lay 18, 2004 • Subject: Motion To: aAW Motion By: d61v p . Seconded: J� Luras 4 . Jordan l,A Reynolds ✓ ✓ �/ I� pi Thiel ✓ ✓ .� Q Cook .� ✓ 4ty1�•� Marr ✓ ✓ ,� .n"� RhoadsAd ✓ r/ imp^ 6e75 Davis ./ L, Mayor Coody Subject : AN v N00 �Caa ti Motion To: &Y 3AJA Motion By: (A.VI15 Seconded: Lucas ✓ �/ �Q Jordan �✓ ✓ , t 1 Reynolds ✓ .� �/ rN3N' Thiel ✓ J �/ «� Cook ✓ '� �/ il1arr ✓ ✓ v Rhoads ✓ `� nwA/ dAY / Davis 451 MayorCoody Fayetteville City Council Meeting oTMay 18, 2004 Subject: 0 Al _ 19 ZI , (W tl �OOit/C t� Motion To01-: �c d 3AjoAJ Motion By: Seconded : Lucas Jordan Reynolds ✓ ✓ n Thiel �/ ✓ ✓ Cook ,/ ✓ �/ ndfnMarr �/ ✓ ✓ Rhoads Davis e114 � Mayor Coody Subject: AN X 64- 6 * D D Motion To: Motion By: Seconded: Lucas Jordan N Reynolds Thiel Cook Marr Rhoads Davis Mayor Coody Fayetteville City Council Meeting 0TMay 18, 2004 • Subject: VA e 41— la •&40 ,Gf Clef' l trw Motion To: ^ Motion By: Seconded: J- n Lucas of - � Jordan •/ AIP- Reynolds ANN Thiel Cook ✓ Marr ./ 1 /_ � Rhoads ✓ �'W�� „ Davis Mayor Coody Subject : Motion To: ' • l Motion By: Seconded: Lucas D Jordan Reynolds 'awn/ Thiel Cook � P Marr xRhoads Davis Mayor cooay Final Agenda • City Council Meeting May 18, 2004 A meeting of the Fayetteville City Council will be held on May 18, 2004 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT: 1 . Approval Of The Minutes: Approval of the May 4, 2004 meeting minutes. 2. David and Wayne Turnbull Offer and Acceptance Contract : A resolution to approve the sale of a lot encompassing 3 . 26 acres in the south Industrial Park to David and Wayne Turnbull in the amount of $68,630.00 and a budget adjustment as attached . 3. Water Service Agreement with Springdale: A resolution to approve an amendment to the water service agreement with Springdale to move the water service boundary so that 180 acres now with the Fayetteville Water Service Area can be moved into the Springdale Water Service Area. • 4. Sale of Ford Club Wagon Contract : A resolution to waive the requirements for public auction or formal competitive bids for the sale of a 1997 Ford Club Wagon (Unit #2002) to the Fayetteville Youth Center, Inc. 5. ADEQ Post Closure Trust Fund Authorization : A resolution authorizing the Fayetteville Parks & Recreation Division to request funding from the Post Closure Trust Fund from the Arkansas Department of Environmental Quality (ADEQ) for the C & L Landfill study and remediation. 6. Walker Park Senior Complex Budget Approval: A resolution to approve a budget adjustment transferring $24,649. 87 into the Walker Park Senior Complex budget for the receipt of late property tax payments. 7. Spout Spring Branch : A resolution to name the creek that runs just to the west of Willow Avenue and south of' Spring Street "Spout Spring Branch." 8. Sale of City Property to the Battered Women's Shelter: A resolution to encourage the City to consider the sale of about four acres of City property to the Battered Women's Shelter for the construction of a new shelter. 9. McClelland Consulting Engineers, Inc. (Highway 62 Water Main): A resolution to approve an agreement for engineering services with McClelland Consulting • Engineers, Inc. in the amount of 560,000.00 for planning, field surveys and right-of- way services related to the Highway 62 water main relocation in Farmington and to approve a budget adjustment of S60,000.00. • r B. OLD BUSINESS : 1 , RZN 04-06.00 (The Crowne): An ordinance rezoning that property described in • rezoning petition RZN 04-6.00 as submitted by Jerry Kelso of Crafton, Tull & Associates on Behalf of the Crowne Limited Partnership for property located north of 18'h Street and west of Beechwood Avenue containing approximately 10.93 Acres from 1- 1 , Heavy Commercial, Light Industrial to RMF- 12, Residential Multi Family, Twelve Units per acre. This Ordinance was left on the First Reading at the May 4, 2004 City Council meeting. 2. VAC 04-07.00 (Woodall): An ordinance approving VAC 04-07.00 to vacate a 15 ' alley between Taylor and Douglas Streets, west of Gregg Avenue as depicted on the attached legal description, but retaining this area as a utility easement. This Ordinance was left on Second Reading at the May 4, 2004 City Council meeting. C. NEW BUSINESS : 1 . Forsgren, Inc. Construction Contract: A resolution to award a construction contract to Forsgren, Inc. in the amount of $652,762.00, plus a contingency of $97,000 for construction of drainage improvements for the Holly/Vista and Cleveland/Sang areas, and to approve a budget adjustment of $414,541 .00 for this project. 2. Mobley Contractors, Inc. Construction Contract: A resolution to approve a • construction contract with Mobley Contractors, Inc. in the amount of $753,553 .04 with a project contingency of $ 133,032.96 for a total of $886,586.00 for the reconstruction of Old Missouri Road from Joyce Boulevard to the Mud Creek Bridge and from Rolling Hills to Old Wire Road. 3. Planning Commission Appeal; Hwy. 62 & Hansbew Dr.: Appeal of the Planning Commissions April 26, 2004 decision to deny a rezoning request for property located at Hwy 62 and Hanshew Rd. 4. David Howard Damage Claim Appeal: Appeal of the City Administrations decision to deny a claim for damages by Mr. David Howard against the Fayetteville Water and Wastewater Department. 5. Roll Off Style Container Bid Waiver: An ordinance to waive formal competitive bidding requirements during 2004 for the purchase of roll off style steel containers by the Solid Waste Division and to approve a purchase of roll off containers in an amount not to exceed $85,859.00. 6. ANX 04-3.00 (Nooneaster): An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Nooncaster Vineyards, Inc. located east of Crossover and north of Hearthstone Drive containing approximately 20.01 acres. • 41 • 7. RZN 04-08.00 (Nooncaster): An ordinance rezoning that property described in Rezoning petition RZN 04-8.00 as submitted by Ray Smith on behalf of Nooncaster • Vineyards, Inc. for property located east of Crossover and north of Hearthstone Drivc containing approximately 20.01 acres from R-A, Residential Agricultural to RSF-4, Residential Single Family, Four Units Per Acre. 8. ANX 04-06.00 (Leigh Taylor Properties) : An ordinance confirming the annexation to the City of Fayetteville, Arkansas, of certain property owned by Leigh Taylor Properties, LLC fix property located at 2470 Hwy. 112 containing approximately 29. 86 acres. 9. VAC 04- 10.00 Right of Way (Paul Dunn): An ordinance approving VAC 04- 10.00 to vacate and abandon a 25 ' portion of the platted right of way for Rebecca Street east of' Vinson Avenue along the north boundary of Lot 8 of the Vinson Subdivision, retaining a utility easement within subject property as depicted on the attached map and legal description. 10. Terracon, Inc. Contract regarding Flood Damage: A resolution to approve a contract for engineering services with Terracon, Inc. in the amount of $50,000.00 for assessment, design, bidding, inspection and conlrad management services for repairs related to the recent flood damage and to approve a budget adjustment of $ 10Q000.00. • D. INFORMATIONAL : 1 . Council Tour: May 17, 2004 2. Kit Williams - Report on the Housing Authority Board • 4 , rl , 5P 5tok; RESOLUTION NO. A RESOLUTION TO NAME THE CREEK THAT RUNS NST TO THE WEST OF WILLOW AVENUE SOUTH OF SPRING STREET "SPOUT SPRING BRANCH" BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby names the creek that runs just to the west of Willow Avenue (south of Spring Street) "Spout Spring Branch" and requests that FEMA, USGS and all other agencies refer to this tributary of the West Fork of the White River as "Spout Spring Branch." PASSED and APPROVED this the 18'h day of May, 2004. APPROVED: DRpF� � By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk • � Q X AGENDA REQUEST (�•� d STAFF REVIEW FORM - FINANCIAL OBLIGATION X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council. Meeting of : May 18, 2004 Al (il,.tii. buJ 1nl. FROM : Greg Boettcher Administration Water and Wastewate f, Name Division Dep rtm nt + ACTION REQUIRED : Resolution approvinga contract with for planning , field surveys and right-of-way services connected with water main relocation for Highway 62 improvments in Farmington , Arkansas , including corresponding budget adjustment . Budget adjustment transfers funds from other income category ( interest on investements ) . COST TO CITY : $ 60 , 000 . 00 $ Water Line Relocation Cost of this request Category/ Project Budget Program Category / Project Name 5400 -5600 - 5808 - 00 $ Water $ Sewer Improvements Account Number Funds Used to Date Program / Project Category Name $ - Water / Sewer Project Number Remaining Balance Fund Name OfET. REVIEW : Budgeted Item X Budget Adjustment Attached Budget Mana Date CONTRACT/GRANT/LEASE REVIEW : CSS .s /s/of- A lana4er ate internal 4. 1ditor Date S l OL( Cityney Date Purchasing Manager Date STAFF RECOMMENDATION : Received in Mayor ' s Office J Division Head Date Dale N� 1 � Cross_Refere nce : Depar ent Director Date ( APrevious Ord / Resp :5 ra Foa5 - $ -o1C Finance 6 Internal Services Dir . Date Orig . Contract Date : -' 7�G Orig . Contract Number : f inistrative Officer Da e New Item : Yes No 3 � e2 Mayor Date 5 d� • Staff Review Form - Page 2 Description Meeting Date May 18 , 2004 Comments : Reference Comments : • Budget Manager Accounting Manager City Attorney Purchasing Manager • U-) n e s � �L n �Q • cep r z ADA Coordinator Internal Auditor Grants Coordinator 0 City Council Meeting of May 18, 2004 • CITY COUNCIL AGENDA MEMO To: MAYOR AND CITY CO From: Greg Boettcher A !� Thru : Hugh Earnest Water/Wastewater Director Chief Administrative Officer Date: May 4, 2004 Subject: Resolution approving contract with McClelland Consulting Engineers, Inc., for planning, field surveys and right-of way services connected with water main relocation for Highway 62 improvments in Farmington, Arkansas; including corresponding budget adjustment. RECOMMENDATION Fayetteville City Administration recommends approval of a contract with McClelland Consulting Engineers in the amount of $60,000.00, including approval of a budget adjustment transferring funds from the water enterprise's other income. BACKGROUND The City of Fayetteville learned in late June of the Arkansas Highway and Transportation • Department's aggressive schedule for the improvement of Highway 62 in Farmington; construction contracts being planned for December 2004. Highway improvments will begin at the Highway 170 intersection and proceed west along Highway 62. Fayetteville owns the water distribution network in Farmington and is responsible for the relocation of water mains in conflict with the planned highway construction. A preliminary assessment of water system impacts finds the construction to conflict a 12-inch pipeline that serves as a primary transmission line. Accordingly, to maintain satisfactory water supply operations, the water main must be relocated as abandonment is not feasible. DISCUSSION This project is not in the 2004 work plan and cannot be managed by existing engineering staff without compromising progress on other capital improvement projects. With the short timeline for completion and the need to continue progress on programmed capital projects, this relocation project must be outsourced to private consultants. An engineering selection committee meeting was held on May 6, 2004 where McClelland Consulting Engineers was selected as the engineering consultant for this project. A contract has been proposed with McClelland Consulting Engineers for $60,000.00, on an cost plus multiplier basis, to address the following immediate needs: preliminary engineering plan for the water line relocation work ➢ project cost estimate ➢ project right-of-way needs ➢ project schedule ➢ engineering surveys of proposed water line construction routes • ➢ schematic engineering design 1 • City Council Meeting of May 18, 2004 As the project scope and costs become defined, the proposed contract will need to be • modified to address the detailed engineering design (engineering drawings, contract documents, specifications, bidding phase services, construction phase services, project inspection services and as-built record drawings). These continuation services cannot be defined at this early stage of the project, necessitating this later contract amendement. The current scope of services will allow the design work to proceed seamlessly from the preliminary design into the final design without administrative delays. BUDGETIMPACT The $60,000.00 in initial engineering costs; as well as remining engineering and construction costs were not anticipated at the time of the 2004 budget development. These costs will require budget adjustments to fund the project needs. It is anticipated that the other income line item of the water enterprise operations will exceed predictions and enable funding of this project. Any shortfall of the other income to address the project's financial needs will be taken from the water enterprise's fund balance. A budget adjustment to cover the intial engineering costs is included with the contract approval agenda item. • • 2 0 0 City Council Meeting of May 18, 2004 • CITY COUNCIL AGENDA MEMO To: MAYOR AND CITY COUNrIC From: Greg Boettcher 41 Thru : Hugh Earnest Water/Wastewater Director Chief Administrative Officer Date: May 4, 2004 Subject: Resolution approving contract with McClelland Consulting Engineers, Inc. , for planning, field surveys and right-of way services connected with water main relocation for Highway 62 improvments in Farmington, Arkansas; including corresponding budget adjustment. RECOMMENDATION Fayetteville City Administration recommends approval of a contract with McClelland Consulting Engineers in the amount of $60,000.00, including approval of a budget adjustment transferring funds from the water enterprise's other income. BACKGROUND The City of Fayetteville learned in later June of the Arkansas Highway and • Transportation Department's aggressive schedule for the improvement of Highway 62 in Farmington; construction contracts being planned for December 2004. Highway improvments will begin at the Highway 170 intersection and proceed west along Highway 62. Fayetteville owns the water distribution network in Farmington and is responsible for the relocation of water mains in conflict with the planned highway construction. A preliminary assessment of water system impacts finds the construction to impact a 12-inch pipeline that serves as a primary transmission line. Accordingly, to maintain satisfactory water supply operations, the water main must be relocated as abandonment is not feasible. DISCUSSION This project is not in the 2004 work plan and cannot be managed by existing engineering staff without compromising progress on other capital improvement projects. With the short timeline for completion and the need to continue progress on programmed capial projects, this relocation project must be outsourced to private consultants. An engineering selection committee meeting was held on May 6, 2004 where McClelland Consulting Engineers was selected as the engineering consultant for this project. A contract has been proposed with McClelland Consulting Engineersfor $60,000.00, on an hourly rate basis, to address the following immediate needs: ➢ preliminary engineering plan for the water line relocation work ➢ project cost estimate ➢ project right-of-way needs • ➢ project schedule engineering surveys of proposed water line construction routes schematic engineering design 1 • City Council Meeting of May 18, 2004 As the project scope and costs become defined, the proposed contract will need to be • modified to address the detailed engineering design (engineering drawings, contract documents, specifications, bidding phase services, construction phase services, project inspection services and as-built record drawings). These continuation services cannot be defined at this early stage of the project, necessitating this later contract amendement. The current scope.of services will allow the design work to proceed seamlessly from the preliminary design into the final design without administrative delays. BUDGET IMPACT The $60,000.00 in initial engineering costs; as well as remining engineering and construction costs were not anticipated at the time of the 2004 budget development. These costs will require budget adjustments to fund the project needs. It is anticipated that the other income line item of the water enterprise operations will exceed predictions and enable funding of this project. Any shortfall of the other income to address the project's financial needs will be taken from the water enterprise's fund balance. A budget adjustment to cover the intial engineering costs on an hourly rate basis is included with the agenda item for contract approval. • • 2 • RESOLUTION NO, A RESOLUTION TO APPROVE AN AGREEMENT FOR ENGINEERING SERVICES WITH MCCLELLAND CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $6000.00 FOR PLANNING, FIELD SURVEYS AND RIGHT-OF-WAY SERVICES RELATED TO THE HIGHWAY 62 WATER MAIN RELOCATION IN FARMINGTON AND TO APROVE A BUDGET ADJUSTMENT OF $60,000.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section l : That the City Council of the City of Fayetteville, Arkansas hereby approves as Agreement For Engineering Services with McClelland Consulting Engineers, Inc. (attached as Exhibit "A") in the amount of $60,000.00 for planning, field surveys and right-of-way services related to the Highway 62 water main relocation in Farmington and approves a budget adjustment of $60,000.00 (attached as Exhibit "B") to pay for this contract. • PASSED and APPROVED this the 18ih day of May, 2004. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk • City of Fayetteville, Arkansas • Budget Adjustment Form • Budget Year Department: Water & Wastewater Date Requested Adjustment Number 2004 Division: Water & Sewer Maintenance • Program: Capital Water Mains 5/18/2004 Project or Item Requested: Project or Item Deleted: $60,000 in the Highway 62 Waterline Relocation None.. To recognize $60,000 in additional Interest Farmington capital project. revenue. Justification of this Increase: Justification of this Decrease: The funding is for the planning, field surveys, and right-of- Currently, projections of interest revenue are over what way services connected with water main relocation for was budgeted and will be in excess of the $60,000 Highway 62 improvements in Farmington, Arkansas. requested. Increase Budget (Decrease Revenue) • Account Name Account Number Amount Project Number Water line improvements 5400 5600 5808 00 609000 04034 1 Decrease Budget (Increase Revenue) Account Name Account Number Amount Project Number Interest-revenue 5400 0940 6708 07 60,000 Approval Signatures Budget Office Use Only Type: A B C E Requested B Drage ef` Date of Approval Budget Manager Date Initial Date Posted to General Ledger Department Director Date Initial Dale Posted to Project Accounting • Finance & Internal Services Director Date Initial Date Entered in Category Log Mayor Date Initial Date • AGREEMENT' For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And MCCLELLAND CONSUL'T'ING ENGINEERS, INC. FAYETTEVILLE, ARKANSAS T}I1S AGREEMENT is made as of 2004, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and McClelland Consulting Engineers, Inc. with offices located in Fayetteville, Arkansas (hereinafter called McClelland). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the planning, design, permitting, construction, operation, maintenance, management, and financing of the Fayetteville Highway 62 Water Main Relocation Project and in particular, relocation of water mains in Farmington, Arkansas, beginning at the intersection of Highway 170 and 62, proceeding • westerly along Highway 62 to the western city limits, said work to correspond to the scope of highway improvements being planned by the Arkansas Highway and Transportation Department, (The "Project"). Therefore, CITY OF FAYETTEVILLE and McClelland in consideration of their mutual covenants agree as follows: McClelland shall serve as CITY OF FAYETI'EVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of McClelland's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. If Construction Phase Services are to be provided by McClelland under this Agreement, the construction shall be executed under the observation of a professional engineer registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9- 101 . SECTION 1 - AUTHORIZATION OF SERVICES 1 . 1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of McClelland. • FY042125 Farmington Water Relocation Engineering Contract.docA - 1 052303 1 .2 Assignments may include services described hereafter as Basic Services or as Additional • Services of McClelland. 1 .3 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 and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF MCCLELLAND 2. 1 General 2. 1 . 1 Perform professional design services in connection with the Project as hereinafter stated, which shall include normal civil, structural, mechanical, and electrical engineering services and normal architectural design services incidental thereto. 2. 1 . 1 . 1 The Scope of Services to be furnished by McClelland during the Preliminary Design Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made • part of this Agreement. 2. 1 . 1 .2 The Scope of Services to be furnished by McClelland during the Final Design Phase, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. 2. 1 . 1 .3 The Scope of Services to be furnished by McClelland during the Bidding Phase, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. 2. 1 . 1 .4 The Scope of Services to be furnished by McClelland during the Construction Phase, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. 2. 1 . 1 .5 The preliminary Scope of Services to be furnished by McClelland for Resident Services during Construction, if any, will be finalized and contained in an amendment to this Agreement after Preliminary Design is completed. is Farmington Water Relocation Engineering Contract.docA — 2 052303" • 2.2 Preliminary Design Phase 2.2. 1 The Preliminary Design Phase will consist of an engineering feasibility study on the water line relocation strategy for the Project, the evaluation of alternatives, the development of a comprehensive project cost estimate, the creation of a project schedule, the acquisition of approvals from City of Fayetteville for the preliminary design, the completion of detailed surveys for engineering design, the development of right-of-way procurement needs, and the commencement of final design for the Project. 2.3 Final Design Phase 2.3 . 1 Prepare for incorporation in the Contract Documents detailed drawings to show the character and scope of the Work to be performed by contractors on the Project (hereinafter called the "Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement and Bond forms, General Conditions, and Specifications (all of which, together with the Contract Drawings, are hereinafter called the `Bid Documents") for review and approval by CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist • CITY OF FAYETTEVILLE in the preparation of other related documents. 2.3. 1 . 1 Bid documents shall be based on Construction Specifications Institute (CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard general conditions and forms. Bid documents shall include required forms for the Arkansas Highway and Transportation Department. Text documents shall be provided to CITY OF FAYETTEVILLE in Microsoftm Word version 2000 software. Contract drawings shall be prepared using standard borders, sheet sizes, title blocks and CADD standards provided by CITY OF FAYETTEVILLE. McClelland may use their normal software for the preparation of drawings but the final product shall be provided to CITY OF FAYETTEVILLE in Autodesk AutoCAD version 2002. 2.3. 1 .2 Develop and include in Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE, a project preliminary design schedule in which McClelland shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by McClelland in the completion of this preliminary design. This Schedule shall include reasonable allowances for review and approval times required by CITY OF . FAYETTEVILLE, and review and approval times required by public authorities having jurisdiction over the Project. 'Ibis schedule shall be equitably adjusted as the Project Farmington Water Relocation Engineering Contract.docA - 3 052303 progresses, allowing for changes in scope, character or size of the Project requested by • CITY OF FAYETTEVILLE, or for delays or other causes beyond McClelland's reasonable control. Nonconformance with this schedule by McClelland and its subconsultants may result in the assessment of damages payable by McClelland to the CITY OF FAYETTEVILLE for costs and damages incurred. The maximum cost liability of McClelland shall be limited to the total gross amount payable to or through the Consultant authorized under this agreement, including amendments thereto. 2.3. 1 .3 When requested by the CITY OF FAYETI'EVILLE's Water and Wastewater Director, prepare for and attend up to two City Council meetings to provide periodic updates on the progress of the preliminary design. 2.3. 1 .4 If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall be developed and described in accordance with Title 22, Article 9-203 of the Arkansas Code. 2.3.2 Prepare technical criteria, written descriptions, design data, and applications necessary for • filing applications for permits from or approvals of the following applicable governmental authorities having jurisdiction to review or approve the final design of the Project and assist in securing approvals. Approval letters and permits shall be furnished to the Arkansas Highway and Transportation Department, including the written approval from the Arkansas Department of Health. Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.3.2. 1 Arkansas Highway and Transportation Department (AHTD) 2.3.2.2 Arkansas Department of Health (AHD) 2.3.2.3 City of Farmington 2.3.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost opinion for the Project caused by changes in scope, design requirements, or construction costs and furnish a revised cost opinion for the Project based on the final Bid Documents. • Farmington Water Relocation Engineering Contract.docA — 4 052303 • 2.3.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs, including, but not limited to, construction, inspection, testing and close out. 2.3 .5 Furnish CITY OF FAYETTEVILLE with 5 copies of the final Bid Documents. 2.3.6 Determine land and easement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. 2.3.7 Provide appropriate professional interpretations of data, geotechnical investigations, core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and inspections of samples, materials and equipment obtained through subcontract services for authorized Project services including property, boundary, casement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.3.8 Fully disclose all subcontract agreements including the name and address of the subconsultant, the scope of services to be provided and the value of the subcontract 2.4 Bidding Phase • 2.4. 1 McClelland will follow City of Fayetteville's bidding protocol for capital improvement projects and be coordinated with the Arkansas Highway and Transportation Department. 2.4.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to contractors of record. Notices shall comply with requirements of CITY OF FAYETTEVILLE. The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide circulation and shall be coordinated with CITY OF FAYETTT- VILLE purchasing agent and an affidavit of publication secured. 2.4.3 Prepare addenda for drawings and Bid Documents as required and submit to CITY OF FAYETTEVILLE in timely manner such that addenda can be issued by McClelland in accordance with Construction Contract General Conditions. All bidding protocols shall conform to statutory requirements with all addenda being approved by CITY OF FAYETTEVILLE prior to issuance. 2.4.4 Secure updated applicable wage rate decisions and incorporate into the Bid Documents. • Update wage rate decision by addendum if necessary. Farmington Water Relocation Engineering Contract.docA - 5 052303 2.4.4. 1 Assist CITY OF FAYETTEVILLE by issuing and tracking Bid Documents, addenda and • communications during bidding and maintain list of plan holders. Print and distribute copies of plans and specifications for all prospective bidders and plan rooms. Collect from prospective bidders an appropriate non-refundable fee to offset cost of reproducing and distributing Bidding Documents. 2.4.5 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing construction contracts. McClelland shall prepare and submit bid certification documents to CITY OF FAYETTEVILLE for review. 2.4.6 Consult with and advise CITY OF FAYETTEVILLE as to the acceptability of subcontractors and other persons and organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s)," for those portions of the work as to which such acceptability is required by the Bid Documents. 2.4.7 Make recommendations regarding award of construction contracts. 2.4.8 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to • recommend action by the respective bodies. Prepare and present a recommendation complete with such supporting information as necessary for the bodies to make an informed decision on the action recommended. 2.4.9 Develop and include in Appendix B of this Agreement, a bidding services schedule in which McClelland shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by McClelland in the completion of the bidding services. The bidding services schedule shall consist of a bar chart schedule depicting the duration of the bidding period of each sub-project and the discrete milestone activities which make up the sub-projects. Separate line items and durations may be shown for costs that apply to the Project as a whole, including, but not limited to, Project Management and Administration, and Insurance. McClelland shall assign to each schedule activity of the bidding services schedule a corresponding cost value which shall include a monthly allocation for labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the Lump Sum Amount shown in Section 6. 1 .2. of this Agreement. 2.4.10 See Attachment A for additional services or clarification of services to be provided by • McClelland. Farmington Water Relocation Engineering Contract.docA — 6 052303