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HomeMy WebLinkAbout2005-07-05 - Agendas - Final Aldermen Ward 1 Position 1 - Robert Reynolds Mayor Dan Coody ® Ward 1 Position 2 - Brenda Thiel Ward 2 Position 1 - Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Marr Ward 3 Position 1 - Robert K. Rhoads City Clerk Sondra Smith Tavyelieville Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas _ Ward_ _4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting July 5, 2005 A meeting of the Fayetteville City Council will be held on July 5 , 2005 at 6 :00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1. ADEQ Grant New Holland Loader: A resolution authorizing the Fayetteville Solid Waste and Recycling Division to accept a grant totaling $37,661 .00 from the Arkansas Department of Environmental Quality (ADEQ) and the Boston Mountain Solid Waste District for the purchase of a LW 130B New Holland Articulated Loader; and approving a budget adjustment to recognize the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 123-05. 2. Lightening Electric, Inc. Contract for T-Hangar Improvements: A resolution awarding a contract to Lightening Electric, Inc. in the amount of $ 120,300.00 to improve the electrical systems in T-Hangers "A" through "D" at the Fayetteville Municipal Airport, Drake Field; approving a project contingency of $6,015 .00; and approving a budget adjustment in the amount of $ 126,315 .00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 124-05. 3. T-G Excavating, Inc. Contract - Farmington Sewer Rehab.: A resolution awarding a construction contract to T-G Excavating, Inc. in the amount of $ 144,444.00 for the Farmington Sanitary Sewer System Manhole Rehabilitation; and approving a 10% project contingency in the amount of $ 14,444.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 125-05. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Far) accessfayetteville.org 4. Laureate Fields Su•ision Park Land Dedication: •resolution rescinding resolution No. 136-04 and accepting the Parks and Recreation Advisory Board' s revised recommendation to accept 5 .064 acres of Land located on the future site of Park West at Audubon as the required Park Land Dedication for Laureate Fields Development. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 126-05, 5. Devonshire Manor Park Land Dedication: A resolution accepting the Parks and Recreation Advisory Board' s recommendation to accept approximately 2.48 acres of land and approximately $ 13 , 135 .00 cash in lieu of the required Park Land Dedication for Devonshire Manor Development. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 127-05. 6. Score Uniforms Contract for Soccer Uniforms: A resolution awarding Bid 405-20 and approving the purchase of youth soccer uniforms from Score Uniforms in the amount of $295700.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 128-05. 7. Arkansas Automatic Sprinklers, Inc. Contract for Seven Hills Homeless Shelter: A resolution approving a contract with Arkansas Automatic Sprinklers, Inc. in an amount not to exceed $35,869.00 to install a sprinkler system at the Seven Hills Homeless Shelter. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 129-05. 8. Timberworks Contract — Rehabilitation of a CDBG Residence: A resolution approving a contract in the amount of $24,998 .00 with Mike Castner D/B/A Timberworks for rehabilitation of a CDBG eligible residence; and approving a contingency in the amount of $ 1 ,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 130-05, 9. Airport Snow Blower Sale to Abbotsford International Airport: A resolution approving the sale of a used snow blower to the high bidder, City of Abbotsford, British Columbia, Canada in the amount of $ 172,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 131-05. 10. Midland Construction, Inc. - Meadow Street Structure Improvements Project: A resolution approving a contract with Midland Construction, Inc. in the amount of $295 , 153 .00 for the Meadow Street Parking Structure Improvements Project; approving a 15% Project Contingency in the amount of $44,273 .00; and approving a Budget Adjustments in the amount of $ 132,803 .00 for same. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 132-05, 11. Palmer & Son Construction, LLC Mowing & Clean-up Services: A resolution awarding Bid #05-46 and approving a contract with Palmer & Son Construction, LLC in the amount of $ 10,000.00 to provide mowing and clean-up services for City Code Compliance efforts. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) access rayettevi Ile.org 0 0 PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 133-05, B. UNFINISHED BUSINESS: 1. PZD Ordinance Amendment: An ordinance amending Sections 166.06 Planned Zoning Districts (PZD), and Sections 161 .25 (C), (D) and (E) Planned Zoning District, Title XV of The Unified Development Code, Fayetteville Code of Ordinances, to allow Master Development Plans to be submitted as an option without submitting a subdivision or large scale development and clarifying other requirements, conditional uses, and development standards planned zoning districts. This Ordinance was Left on the Second Reading at the .lune 21, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4717. 2. Planning Commission Appeal (TGI FRIDAY' S): A request to appeal the Planning Commission' s decision to alter the sign package submitted by TGI Friday's. This item was tabled at the June 21, 2005 City Council meeting to the July 5, 2005 City Council meeting. PASSED AND SHALL BE RECORDED AS RESOLUTION 134-05. 3. Planning Commission Appeal (Dixie Development): An ordinance annexing that property described in ANX 05- 1490 for approximately 24.35 acres located at the northeast comer of Mount Comfort Road and Hughmount Road and zoning such property R-A Residential Agricultural. This item was Left on the Second Reading at the June 21, 2005 City Council meeting to the July 5, 2005 City Council meeting. THIS ITEM WAS TABLED TO THE JULY 19, 2005 CITY COUNCIL MEETING. 4. RZN 05-1491 (Dixie Development): An ordinance rezoning that property described in rezoning petition RZN 05- 1491 for approximately 24.35 acres located at the northeast corner of Mount Comfort and Hughmount Road, from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4 units per acre. This item was Left on the Second Reading at the June 21, 2005 City Council meeting to the July 5, 2005 City Council meeting. THIS ITEM WAS TABLD TO THE JULY 19, 2005 CITY COUNCIL MEETING. C. NEW BUSINESS: 1. United Stats Census Bureau: A resolution approving a Memorandum of Understanding with the United States Census Bureau for the purpose of conducting a Special Census for Fayetteville, Arkansas in the amount of $961 ,770.00; and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 135-05, 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) access fayettevi Ile.org 2. Arkansas Soil Sk Wat• Bond Purchase Agreement -Westside Plant: An ordinance authorizing the issuance and sale of not to exceed $65,000,000 of a Sales and Use Tax Capital Improvement Bond, Series 2005, by the City of Fayetteville, Arkansas for the purpose of financing a portion of the costs of acquiring, constructing and equipping a new wastewater treatment facility and related sewerage improvements; providing for the payment of the principal of and interest on the Series 2005 Bond; authorizing the execution and delivery of a Bond Purchase Agreement providing for the sale of the Series 2005 Bond; authorizing the execution and delivery of a Continuing Disclosure Agreement; and prescribing other maters relating thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO, 4718, 3. C-2 Projects, LLC Contract - Highway 62 Farmington Waterline Replacement Project: A resolution approving a construction contract with C-2 Projects, LLC in the amount of $ 1 , 180, 177.45 for the Highway 62-Farmington Waterline Replacement Project; approving a 12% Project Contingency in the amount of $ 140,000.00; and approving a Budget Adjustment in the amount of $678,585 .00. PASSED AND 'SHALL BE RECORDED AS RESOLUTION NO. 136-05. 4. McClelland Consulting Engineers Amendment # 2 — Highway 62 Farmington Waterline Replacement Project: A resolution approving a contract amendment No. 2 with McClelland Consulting Engineers, Inc. in the amount of $56,867.00 for the Highway 62-Farmington Waterline Replacement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 137-05, 5. ANX 05-1495 (Benton Development): An ordinance annexing that property described in Annexation Petition ANX 05- 1495 for property located at the southwest corner of Weir Road and Salem Road, containing 10.47 acres. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 6. RZN 05-1502 (Benton Development) : An ordinance rezoning that property described in Rezoning Petition RZN 05- 1502 for approximately 10.47 acres located at the southwest corner of Weir Road and Salem Road from R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 4 Units Per Acre. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 7. RZN 05-1523 (Hartlerode): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1523 for approximately 0.25 acres located at 2826 South School Avenue form RSF-4, Residential Single-Family, 4 Units Per Acre to C-2, Thoroughfare Commercial. THIS ITEM WAS TABLED TO THE JULY 19, 2005 CITY COUNCIL MEETING. 8. VAC 05-1521 (Ralston): An ordinance approving VAC 05- 1521 submitted by Michael Ralston for property located at 3450 Natchez Trace vacating a portion of utility easement as indicated on the attached map and legal description. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4719 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 9. Associated Time & Parking Controls, Inc. Contract: A resolution awarding Bid #05- 13 and approving a contract with Associated Time & Parking Controls, Inc. in the amount of $ 149,219.91 for Parking Access and Revenue Control Equipment; approving a project contingency in the amount of $20,534.85 ; and approving a budget adjustment in the amount of $ 169,755 .00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 138-05, D. INFORMATIONAL: July 4, 2005 Holiday — City Offices will be Closed Council Tour: None Meeting adjourned at 8:07 p.m. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting July 5, 2005 • Subject: Motion To: Motion By: Seconded : Marr �.� t� Rhoads Ferrell Lucas Action Taken Jordan Reynolds Thiel Vote Cook Mayor Coody Subject: l Motion To: Q�Jt6u L Motion By: Seconded: it /� - Marr 0� Rhoads Ferrell Lucas Action Taken Jordan Reynolds tVotte Thieli z Cook Mayor Coody Rt.4a� 1 ;-3 — O 'S City Council Meeting July 5, 2005 • • Subject: PZ. n O-A stOA —e �tn� e� 9n �eN� Motion To: - Motion By: 5 nn Seconded : IAl 'l(,, Marr Rhoads N Ferrell AAV A Lucas Action Taken Jordan Reynolds Ll Thiel Vote Cook Mayor Coody a6h % sef �0 &-y Subject: Q Motion To: 7 Motion By: Seconded : 60b � p Marr �Jiwi5W Rhoads Ferrell t/ n� Lucas N Action Taken Jordan Reynolds ✓ Thiel ✓ Vote Cook N Mayor Coody T711 City Council Meeting July 5, 2005 • • Subject: Motion To: AtN� Motion By: Seconded : . 2 . Marr Rhoads 1/ Ferrell �✓ ap "`� Lucas Action Taken Jordan ✓ Reynolds ✓ _ O Thiel ✓ VoteNI AA "OT Cook ✓ ayor Coody 3 Subject: o `Q Yl Y1 i ti nn Motion To: l D.S (!%' Motion By: AA Ci Nri� U Seconded : 6 , 8 , pp Marr 1 �n���iShat Rhoads ✓ Ferrell 7� Il Lucas UAXJAction Taken Jordan Reynolds ✓ Thiel Vote Cook Mayor Coody City Council Meeting July 5, 2005 Subject: �� N m S ' / q 91 p f x % e AJ_9-C op,1,4,j Motion To: ' � '7111 Motion By: Seconded: �v, e e P 64401 Marr X '"47Ai� Rhoads Ferrell Lucas Action Taken9/ Jordan Reynolds O Thiel Vote Cook Mayor Coody Subject: Motion To: Motion By: NLQ VL Seconded: Marr ✓ A90i Rhoads Ferrell Lucas ✓ Action Taken Jordan Reynolds ✓ Thiel ✓ Vote Cook 8 . b Mayor. Coody X35- 0 � City Council Meeting July 5, 2005 • • Subject: 11K /1dA �Qa Q` II�CI�Qh JJIMc� 1 WLC�i a� l l — Motion To: g tt- d Motion By: l cL G6 d it 4PIawt Seconded : 13 00k• l • Marr v Rhoads �/ ✓ Ferrell ✓ ✓ ✓ Lucas (/ Action Taken Jordan L✓ v Reynolds ✓ �/ t/ Thiel �/ C✓ c✓ Vote Cook i� ✓ Mayor Coody � /J • f Subject: Motion To: Motion By: Seconded: e , 3 Marr N.¢)LJ Rhoads 4 Ferrell Lucas 1/ Action Taken Jordan "Zi Reynolds ✓ ,0 Thiel ✓ Vote Cook Mayor Coody l 3605 City Council Meeting July 5, 2005 • Subject: V ( 41 Mon Tol Ct 9V�A � l7t i oZ �� Motion By: !� Seconded: Marr ✓ N.p,U�(�ui hoads �/ Ferrell Lucas Action Taken Jordan Reynolds Thiel Vote Cook Mayor Coody Subject: A lU x — OS '/ � 9S' l�P�. tD1ti lS1G Motion To: � {1 � Motion By: FrcQa -- Seconded: Com, �R • Marr Rhoads Ferrell ✓ Lucas ✓ Action Taken Jordan ,✓ Pvj Reynolds ��� � hiel ✓ Vote Cook Mayor Coody / 2reu� r City Council Meeting July 5, 2005 • • Subject: �`` _E N Motion To: Ile G� IVGv i/ Motion By: OVA d4a ycC Seconded: (, Marr A/joJ &i hoads bCUOL_p Ferrell Lucas Action Taken Jordan Reynolds K � Thiel Vote Cook - Mayor Coody F Ccl,o� ( / Subject: /� z (�/ — ^ /�o�� Hal `�'tF../1-0s, Motion To: Motion By: ��- Seconded: C• 7 • Marr ✓ Rhoads Ferrell Lucas Ac Taken Jordan ✓ Reynolds �O Thiel ✓ Vote Cook Mayor Coody City Council Meeting July 5, 2005 • • Subject: + C45S� off/] IgJts�yh� Motion To: p� �`� 3/t-q' CtA� Motion By: Seconded: , at & ' Marr NaAJ Rhoads ✓ ✓ ✓ Ferrell ✓ r/ Lucas r ✓ �/ Action Taken Jordan V �/ ✓ Reynolds ✓ ✓ ✓ .O Thiel r/ ✓ ✓ Vote Cook ✓ Mayor Coody Subject: U� �`�, � r Motion To: P� ro � r0 � Motion By: Yum ' 0 Seconded: l2 (? # Marr ✓ ��` Rhoads ✓ ✓ �[ r"$" Ferrell ✓ ✓ p ex P Lucas I Action Taken Jordan 1/ ✓ am rw Reynolds T4 Thiel ✓ Vote Cook L Mayor Coody /37-D5 Aldermen Ward I Position 1 - Robert Reynolds Mayor Dan Candy Ward 1 Position 2 - Brenda Thiel Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook Y Y 7.alye Ward 2 Position 2 - Don Mart Ci Clerk Sondra Smith eWard 3 Position I - Rober K. Rhoads ry Ward 3 Position 2 — Roben Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting July 5, 2005 A meeting of the Fayetteville City Council will be held on July 5, 2005 at 6:00 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. CONSENT: 1 . ADEQ Grant New Holland Loader: A resolution authorizing the Fayetteville Solid Waste and Recycling Division to accept a grant totaling $37,661 .00 from the Arkansas Department of Environmental Quality (ADEQ) and the Boston Mountain Solid Waste District for the: purchase of a LW 130B New Holland Articulated Loader; and approving a budget adjustment to recognize the grant revenue. 2. Lightening Electric, Inc. Contract for T-Hangar Improvements: A resolution awarding a contract to Lightening Electric, Inc. in the amount of $ 120,300.00 to improve the electrical systems in T-Hangers "A" through "D" at the Fayetteville Municipal Airport, Drake Field; approving a project contingency of $6,015.00; and approving a budget adjustment in the amount of $ 126,315.00. 3. T-G Excavating, Inc. Contract - Farmington Sewer Rehab.: A resolution awarding a construction contract to T-G Excavating, Inc. in the amount of $ 144,444.00 for the Farmington Sanitary Sewer System Manhole Rehabilitation; and approving a 10% project contingency in the amount of $ 14,444.00. 4. Laureate Fields Subdivision Park Land Dedication: A resolution rescinding resolution No. 136-04 and accepting the Parks and Recreation Advisory Board' s revised recommendation to accept 5.064 acres of Land located on the future site of Park West at Audubon as the required Park Land Dedication for Laureate Fields Development. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettev i I le.org 0 0 5. Devonshire Manor Park Land Dedication : A resolution accepting the Parks and Recreation Advisory Board's recommendation to accept approximately 2.48 acres of land and approximately $ 13, 135.00 cash in lieu of the required Park Land Dedication for Devonshire Manor Development. 6. Score Uniforms Contract for Soccer Uniforms: A resolution awarding Bid #05-20 and approving the purchase of youth soccer uniforms from Score Uniforms in the amount of $29,700.00. 7. Arkansas Automatic Sprinklers, Inc. Contract for Seven Hills Homeless Shelter: A resolution approving a contract with Arkansas Automatic Sprinklers, Inc. in an amount not to exceed $35,869.00 to install a sprinkler system at the Seven Hills Homeless Shelter. 8. Timberworks Contract — Rehabilitation of a CDBG Residence: A resolution approving a contract in the amount of $24,998.00 with Mike Castner D/B/A Timberworks for rehabilitation of a CDBG eligible residence; and approving a contingency in the amount of $ 1 ,000.00. 9. Airport Snow Blower Sale to Abbotsford International Airport: A resolution approving the sale of a used snow blower to the high bidder, City of Abbotsford, British Columbia, Canada in the amount of $ 172,000.00. 10. Midland Construction; Inc. - Meadow Street Structure Improvements Project: A resolution approving a contract with Midland Construction, Inc. in the amount of $295, 153 .00 for the Meadow Street Parking Structure Improvements Project; approving a 15% Project Contingency in the amount of $44,273 .00; and approving a Budget Adjustments in the amount of $ 132,803.00 for same. 11 . Palmer & Son Construction, LLC Mowing & Clean-up Services: A resolution awarding Bid 405-46 and approving a contract with Palmer & Son Construction, LLC in the amount of S 10,000.00 to provide mowing and clean-up services for City Code Compliance efforts. B. UNFINISHED BUSINESS: 1 . PZD Ordinance Amendment: An ordinance amending Sections 166.06 Planned Zoning Districts (PZD), and Sections 161 .25 (C), (D) and (E) Planned Zoning District, Title XV of The Unified Development Code, Fayetteville Code of Ordinances, to allow Master Development Plans to be submitted as an option without submitting a subdivision or large scale development and clarifying other requirements, conditional uses, and development standards planned zoning districts. This Ordinance was Left on the Second Reading at the June 21, 2005 City Council meeting. 2. Planning Commission Appeal (TGI FRIDAY'S): A request to appeal the Planning Commission's decision to alter the sign package submitted by TGI Friday's. This item was tabled at the June 11, 2005 City Council meeting to the July 5, 2005 City Council meeting. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org 3. Planning Commission Appeal (Dixie Development): An ordinance annexing that property described in ANX 05- 1490 for approximately 24.35 acres located at the northeast comer of Mount Comfort Road and Hughmount Road and zoning such property R-A Residential Agricultural. This item was Left on the Second Reading at the June 21, 2005 City Council meeting to the July 5, 2005 City Council meeting. 4. RZN 05- 1491 (Dixie Development): An ordinance rezoning that property described in rezoning petition RZN 05- 1491 for approximately 24.35 acres located at the northeast comer of Mount Comfort and Hughmount Road, from R-A, Residential-Agricultural to RSF-4, Residential Single Family, 4 units per acre. This item was Left on the Second Reading at the June 21, 2005 City Council meeting to the July 5, 2005 City Council meeting. C. NEW BUSINESS: 1 . United States Census Bureau : A resolution approving a Memorandum of Understanding; with the United States Census Bureau for the purpose of conducting a Special Census for Fayetteville, Arkansas in the amount of $961 ,770.00; and approving a budget adjustment. 2. Arkansas Soil & Water Bond Purchase Agreement -Westside Plant: An ordinance authorizing the issuance and sale of not to exceed $65,000,000 of a Sales and Use Tax Capital Improvement Bond, Series 2005, by the City of Fayetteville, Arkansas for the purpose of financing a portion of the costs of acquiring, constructing and equipping a new wastewater treatment facility and related sewerage improvements; providing for the payment of the principal of and interest on the Series 2005 Bond; authorizing the execution and delivery of a Bond Purchase Agreement providing for the sale of the Series 2005 Bond; authorizing the execution and delivery of a Continuing Disclosure Agreement; and prescribing other maters relating thereto. 3. C-2 Projects., LLC Contract - Highway 62 Farmington Waterline Replacement Project: A resolution approving a construction contract with C-2 Projects, LLC in the amount of $ 1 , 180, 177.45 for the Highway 62-Farmington Waterline Replacement Project; approving a 12% Project Contingency in the amount of $ 140,000.00; and approving a Budget Adjustment in the amount of $678,585.00. 4. McClelland Consulting Engineers Amendment # 2 — Highway 62 Farmington Waterline Replacement Project: A resolution approving a contract amendment No. 2 with McClelland Consulting Engineers, Inc. in the amount of $56,867.00 for the Highway 62-Farmington Waterline Replacement Project. 5. ANX 05- 1495 (Benton Development) : An ordinance annexing that property described in Annexation Petition ANX 05- 1495 for property located at the southwest corner of Weir Road and Salem Road, containing 10.47 acres. 6. RZN 05- 1502 (Benton Development): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1502 for approximately 10.47 acres located at the southwest corner of Weir Road and Salem Road from R-A, Residential Agricultural, to RSF-4, Residential Single-Family, 4 Units Per Acre. 113 west Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayettev i I le.org 0 7. RZN 05-1523 (Hartlerode): An ordinance rezoning that property described in Rezoning Petition RZN 05- 1523 for approximately 0.25 acres located at 2826 South School Avenue form RSF-4, Residential Single-Family, 4 Units Per Acre to C-2, Thoroughfare Commercial. 8. VAC 05-1521 (Ralston): An ordinance approving VAC 05- 1521 submitted by Michael Ralston for property located at 3450 Natchez Trace vacating a portion of utility easement as indicated on the attached map and legal description. 9. Associated Time & Parking Controls, Inc. Contract: A resolution awarding Bid #05- 13 and approving a contract with Associated Time & Parking Controls, Inc. in the amount of $ 149,219.91 for Parking Access and Revenue Control Equipment; approving a project contingency in the amount of $20,534.85; and approving a budget adjustment in the amount of $ 169,755.00. D. INFORMATIONAL: July 4, 2005 Holiday — City Offices will be Closed Council Tour: None 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayeitev i I le.org • ��r•• _ _ _...;_. .._ A. 11 alt City of Fayetteville almer & Sons Construction, LLC Mowing & Clean-up Services Staff Review Form (PAZ p�ps- Page 1 of 22 City Council Agenda Items Contracts 5-Jul-05 City Council Meeting Date Yolanda Fields _ Com Res & Code Comp Operations Submitted By Division Department Action R uired: P Resoulution to approve Bid #05-46, Site Clean-up and Maintenance $10,000 1 J1 $25,000 Cost of this request Category/Project Budget Program Category / Project Name Contract 1010 6420 5315 00 $15,000.00 Services Account Number Funds Used to Date Program / Project Category Name Is 10,000.00 General Fund Project Number Remaining Balance Fund Name Budgeted Item O Budget Adjustment Attached Previous Ordinance or Resolution # 6-t�f • c�s Departmeet Director Date Original Contract Date: KZ//� Original Contract Number: City Attome Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office Mavor Date ae a Comments: Staff recommends a N I of contract A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Service; Page 2 of 22 CITY COUNCIL AGENDA MEMO To: Mayor and City Council 1 Thru: Gary Dumas, Director of Operations From: Yolanda Fields, C r Date: June 13, 2005 Subject: Approving Bid # 05-46 ite Clean-up & Maintenance RECOMMENDATION Staff recommends a resolution approving Bid # 0546, Site Clean-up and Maintenance. BACKGROUND The code compliance program requires notification of non-compliance items as outlined in Chapter 95 of the City of Fayetteville Code of Ordinances. The notification advises the property owner of the violation and outlines corrective actions to be taken. If situations are not handled within the allow timeframe a contractor is used to correct the violation(s) — and the property owner is billed for the project cost. Bid #05-46 was generated to obtain mowing and clean-up services for the code compliance effort. DISCUSSION The Invitation to Bid was conducted in accordance to the policies and procedures set forth by the Purchasing Division. The Code Compliance Program will use the Site Clean-up & Maintenance contractor to correct violations that are not addressed by the property owner, in accordance with the City of Fayetteville's Protocols and Procedures for Ordinance Enforcement. BUDGETIMPACT Contractor expense for mowing and clean-ups is budgeted under contract services in the Code Compliance Program. MAAgenda Items\Agenda Request Memo (BidN05-46).doe A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 3 of 22 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Steve Davis, Finance & Internal Services Director From : Peggy Vice, Purchasing Manger Me x Dater June; 17, 2005 Subj : Bid 05-46 Site Clean-up & Maintenance Recommendation Approval of Contract with Palmer & Son Construction, LLC Discussion This project was advertised in the NWA Democrat Gazette and was bid by the Purchasing Division. Purchasing contacted several vendors from the yellow pages to try and get more bidders and better competition. Two bids were received. They were from Palmer & Sons Construction, LLC and Lawn Ranger. Lawn Ranger is a business that recently moved here from Hot Springs, Palmer& Son Construction, LLC has filled out a disclosure form stating they are related to Deidre Uselton in the CRCC Division. This project will not be overseen or any pay items approved by Deidre. Deidre's job functions are in the Community Development part of the division and this project is in the Community Code Compliance part of the division. A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 4 of 22 RESOLUTION NO. �- A RESOLUTION AWARDING BID #05-46 AND APPROVING A CONTRACT WITH PALMER Sr SON CONSTRUCTION, LLC IN THE AMOUNT OF $10,000.00 TO PROVIDE MOWING AND CLEAN-UP SERVICES FOR CITY CODE COMPLIANCE EFFORTS. 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 awards Bid #05-46 and approves a contract with Palmer & Son Construction, LLC in the amount of $10,000.00 to provide mowing and clean-up services for City Code Compliance efforts. A copy of the contract, Exhibit " A" is attached hereto, and made a part hereof. PASSED and APPROVED this 511, day of July 20 APPRO DA ODY, Mayor A B}g ONDI ity C erk ,l ... .. ... .. . .. ". .... . " - - .Palmer&Sons,Construction, LLC Mowing & Clean-up Services Page 5 o/ 22 n N M Y p I O UD MS m = 3y �' < m o rn r O o U n '. go T G W D) D z o m3o C Q N m n o x � cl 3 A N N N N m o U O O_ O J J N N ca N N A o W O O N 1 � Z C M a ca N z w o w � o 0 n s N N v o is o 0 0 . D W` A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 6 of 22 CONTRACT a This contract executed this day of 20051 between the City of Fayetteville , Arkansas , 113 W Mountain , Fayetteville , Arkansas , 72701 and Palmer & Son Cons'tructio_ n , LLC at P . O . Box 283 , West Fork, AR . In consideration of the mutual covenants contained herein , the parties agree as follows : 1 . Palmer & Son Construction , LLC at its own cost and expense shall furnish all labor , materials , supplies , machinery , equipment , tools , supervision , bonds , insurance , tax permits , and all other accessories and services necessary to complete items bid per bid # 05- 46 as stated in Palmer & Son Construction , LLC bid proposal , and in accordance with specifications attached hereto and made a part hereof under Bid # 05 - 46 , all included herein as if spelled out word for word . 2 . The City of Fayetteville shall pay for completion of each project based on prices indicated in Palmer & Son Construction , LLC bid proposal . Contract amount shall not exceed approved 2005 budget for contract services under the Code Compliance Program , Payments will be made after approval and acceptance of work and submission of invoice . Payments will be made approximately 30 days after receipt of invoice . 3 . The Contract documents which comprise the contract between the City of Fayetteville and Palmer & Son Construction , LLC consist of this Contract and the following documents attached hereto , and made a part hereof : A , Bid form identified as Invitation to Bid # 05 - 46 with the specifications and conditions typed thereon . B . Palmer & Son Construction , LLC bid proposal . C . The Notice to Prospective Bidders and the Bid Tabulation . J A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 7 of 22 4 . These Contract documents constitute the entire agreement between the City of Fayetteville and Palmer & Son Construction , LLC and may be modified only by a duly executed written instrument signed by the City of Fayetteville and Palmer & Son Construction , LLC . 5 . Palmer & Son Construction , LLC shall not assign it ' s duties under the terms of this agreement . 6 . Palmer & Son Construction , LLC agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville , against any and all claims for property damage , personal injury or death , arising from Palmer & Son Construction , LLC performance of this contract . This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law . 7 . Palmer & Son Construction , LLC shall furnish a certificate of insurance addressed to the City of Fayetteville , showing that he carries the following insurance which shall be maintained throughout the term of the Contract . Any work sublet , the contractor shall require the subcontractor similarly to provide worker ' s compensation insurance . In case any employee engaged in work on the project under this contract is not protected under Worker ' s Compensation Insurance , Palmer & Son Construction , LLC shall provide and shall cause each Subcontractor to provide adequate employer ' s liability insurance for the protection of such of his employees as are not otherwise protected . 1 . Workmen ' s Compensation Statutory Amount 2 . Comprehensive General & Automobile Insurance 3 . Bodily Injury Liability $ 250 , 000 for each person injured . $ 500 , 000 for each accident . 4 . Property Damage Liability $ 500 , 000 aggregate . The premiums for all insurance required herein shall be paid by Palmer & Son Construction , LLC . A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 8 of 22 8 . Palmer & Son Construction , LLC to furnish proof of licensure as required by all local and state agencies . 9 . This contract may be terminated by the City of Fayetteville or Palmer & Son Construction , LLC with 10 days written notice . 10 . Freedom of Information Act : City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act . If a Freedom of Information Act request is presented to the City of Fayetteville , the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A . C . A . 25- 19- 101 et . Seq . ) . Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance . WITNESS OUR HANDS THIS DAY OF , 2005 . CITY OF FAYETTEVILLE , FAYETTEVILLE , ARKANSAS BY Dan Coody , MAYOR ATTEST : CITY CLERK BY Palmer & Son Construction , LLC ATTEST : f(l'. `z A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 9 of 22 V\��O A'R K A'N'5'A'S CITY OF/ FAYETTEVILLE 113 W. Mountain St. Fayetteville, AR 72701 INVITATION TO BID Bid # 05-46 Site Clean-up & Maintenance Purchasing Division 479-575-8220 BID #: 0546 DATE ISSUED : June 3, 2005 DATE & TIME OF OPENING: June , 13 2005 — at 3 :00 pm BUYER: Andrea Foren , Room 306 (479) 575-8220 F.O.B. Fayetteville, AR ] of5 A. 11 Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 10 of 22 Invitation to Bid ; Bid 0546, Site Clean-up & Maintenance - City of Fayetteville - 2005 YEAR ISSUED: 2005 PROJECT ADDRESS: Various sights within the Fayetteville City limits. Contractor may bid all numbered items or just specific items. Contractor mus�rovide documentation that material was hauled to a legal landfill when payment 7equA is submitted. Contractor must be able to start job 5 working days from date of notification (under normal working conditions). The City of Fayetteville reserves the right to take appropriate measures to properly document any part of the service provided. Upon signing this Bid, the bidder certifies that they have read and agree to the requirements set forth in this bid proposal regarding the articles being bid on, and agree to furnish these articles at the price stated. This price is considered complete and shall include labor, materials, profit, overhead, insurance, etc. Please notice: The City of Fayetteville would like to inform all bidders of the following information: - The City of Fayetteville has spent $15,000 since January 1 , 2005 on the cleaning up of various sites within the City. - Please be aware that as of June 3, 2005, the City of Fayetteville needs to clean up approximately twenty-two (22) sites within the City limits. - It shall be the discretion of the City of Fayetteville to determine if a site is considered "clean". If any site is not considered "clean" by appropriate City of Fayetteville personnel, the service provider must work in a.timely manner to get the site to standards acceptable by the City of Fayetteville. Upon signing this Bid, the bidder also agrees to the following conditions: (1 ) Changes in scope or price Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. (2) Freedom of Information Act City contracts and documents prepared while performing city contractual work is subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et- seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 3 2of5 A. 11 Palmer 8 Sons Construction, LLC Mowing 8 Clean-up Services Page 11 of 22 (3) Jurisdiction Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas law applying to the case. (4) Arbitration/Mediation We do not agree to mediate or arbitrate any dispute. (5) Interest charges for late payments We are very credit worthy and pay our bills within a reasonable time. We do NOT agree to any interest or penalty for "untimely" payments. (6) Employee Relationship Disclosure Form Bidder agrees to fill out the attached form, "Contract and Grant Disclosure Certification Form, City ofFayetteville — Employee Relationships". This is to disclose any relationship that any bidder might have with any City of Fayetteville Employee, City of Fayetteville Council Member, or other relationship that the bidder feels necessary to disclose. (7) Pricing If awarded, these prices shall remain good and firm for the calendar year 2005: Bid 05-467 Site Clean-Up & Maintenance Hourly Rates •- 2005 Hourly Item Includes Rate Picking up and hauling of junk and debris such as: appliances, $ _ tires, brush, yard waste, trash etc. Per hour Mow and run weed-eater for 2 grass/weeds up to 3 feet tall. $ 2-0, co =* Perhour Brush hog for grass/weeds over 3 3 feet tall- $ Perhour Amount charged if additional 4 person or persons are needed. $ ** Per hour/person * Disposal fees will be reimbursed at cost. ==Vendor must provide receipt with invoice in order for proper payment to be received. 3of5 A. 11 • Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 12 of 22 sl If a truck(s) willbeused to haul the materials specified to be cleaned up, indicate truck size: 1 •) I Dnia L�� 2. a,4&r eed L4ZI 31`z_�J 51,4 3.) If a trailer will be used to haul the materials specified to be cleaned up, indicate trailer size: 3 .) l r IA61 Gof5 A. 11 - Palmer & Sons Construction, LLC Mowing & Clean-up Services Page 13 of 22 Contract Information Section ' All fields in this section must be completed,- ifsection is incomplete, bid will be eliminated from consideration. Date: t-2 Complete Business Address: Name of Firm:_t eGl,ei c� Phone: �� y _- �� /— � 5`3L_ Cell Phone: V�> q Street Address or P.O. Box # ?O �2 City/State/ZipCode 4r A• 4 , 7`Pep— Signature: �yJ(�fJ/� 7Z77y Printed Name: �- �p / ep— e Signature: Title: Federal Tax 1D# or SS# i This entire bid, as well as any addendum that are related, to be returned to the Purchasing Division, Room 306, in the following form on or before the time and date of the bid opening: - Sealed envelope marked legibly with "Bid 05-46, Site Clean-Up and Maintenance". - A copy of any addenda that are issued in accordance with Bid 05-46, Site Clean-Up and Maintenance must be submitted in acknowledgement that you agree to the terms stated in that addendum. - Bid MUST be ;submitted before 3:00 p.m. on June 13, 2005. Bids received after this date and time will not be accepted. - All documents pertaining to this bid must be delivered to the following address via mail or in person at: City of Fayetteville Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 , I 5of5