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HomeMy WebLinkAbout2009-02-18 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan Ward 1 Position 2—Brenda Thiel P Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Matthew Petty V1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra Smith T 11 Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas Special City Council Meeting February 18, 2009 A meeting of the Fayetteville City Council will be held on February 18, 2009 at 6:30 PM in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. New Business: 1. Ice Storm 2009 Disaster Recovery Fund: A resolution approving a budget adjustment appropriating $4,000,000.00 to the Replacement and Disaster Recovery Fund for Ice Storm 2009 Disaster Recovery; and granting the Mayor the authority to authorize the temporary loan of up to $1,000,000.00 from the General Fund to address cash flow needs pending Federal and State reimbursement. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 45-09. 2. Solid Resources, Inc.: A resolution to approve an agreement for Storm Debris Monitoring Services with Solid Resources, Inc. in the amount of $483,690.00, plus a contingency in the amount of$96,914.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 46-09. 3. DRC Emergency Services, LLC: A resolution to approve a contract for Storm Debris Removal Services with DRC Emergency Services, LLC in the amount of$2,419,185.64 plus a contingency of$400,000.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 47-09. Adjournment: Meeting adjourned at 7:15 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting: February 18,2009 Adjourn: 7r'15 )0/14 Subject: Roll Gray !� Thiel y Cook Petty Rhoads , Ferrell Lucas Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: February 18,2009 Subject: Motion To: t Motion By: Seconded: CO®k— C. 1 Gray y New Thiel ✓ Business Cook ✓ Petty Rhoads Ferrell Lucas Lewis ✓ Mayor Jordan Subject: ,40 (� Motion To: Motion By: JA ' Seconded: C. 2 Gray New Thiel Business Cook (n� Petty N Rhoads Ferrell q/ Lucas ✓ Lewis Mayor Jordan � �b City Council Meeting: February 18, 2009 Subject: 2 C LLI� Motion To: Motion By: �G Seconded: C, Gray A/ Thiel Cook ✓ Petty Rhoads 0A Sell ' Ferrell ✓ Lucas p Lewis t/ Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan City Council Meeting: February 18, 2009 Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Cook Petty Rhoads Ferrell Lucas Lewis Mayor Jordan Aldermen Ward 1 Position 1—Adella Gray Mayor Lioneld Jordan _ Ward 1 Position 2—Brenda Thiel City Attorney Kit Williams Tayve teville Ward 2 Position 1—Kyle B.Cook Ward 2 Position 2—Matthew Petty Ward 3 Position 1—Robert K.Rhoads City Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position I —Shirley Lucas Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas Special City Council Meeting February 18, 2009 A meeting of the Fayetteville City Council will be held on February 18, 2009 at 6:30 PM in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. New Business: 1. Ice Storm 2009 Disaster Recovery Fund: A resolution approving a budget adjustment appropriating $4,000,000.00 to the Replacement and Disaster Recovery Fund for Ice Storm 2009 Disaster Recovery; and granting the Mayor the authority to authorize the temporary loan of up to $1,000,000.00 from the General Fund to address cash flow needs pending Federal and State reimbursement. 2. Solid Resources, Inc.: A resolution to approve an agreement for Storm Debris Monitoring Services with Solid Resources, Inc. in the amount of $483,690.00, plus a contingency in the amount of$96,914.00. 3. DRC Emergency Services, LLC: A resolution to approve a contract for Storm Debris Removal Services with DRC Emergency Services, LLC in the amount of$2,419,185.64 plus a contingency of$400,000.00. Adjournment: 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) - accessfayetteville.org City of Fayetteville Staff Review Form A. I lee Storm 2009 City Council Agenda Items Recovery Fund Page I of and Contracts, Leases or Agreements 2/18/2009 City Council Meeting Date Agenda Items Only Paul A. Becker Finance Director Finance Submitted By Division Department Action Required: This request is to appropriate funds for costs incurred and forcasted future costs associated with the ICE Storm which began on January 26, 2009. These costs are reimbursable from FEMA and the Arkansas Department of Emergency Management in the percetanges of 75%and 12.5%respectively. This request also includes the authority to advance (loan) up to$1,000,000 on a temporary basis from the General Fund. $ 4,000,000.00 $ - ICE FEMA 2009 Ice Storm Reimburs Cost of this request Category/Project Budget Program Category/Project Name 4270.9280.5314.00 $ - Ice Storm 2009 Account Number Funds Used to Date Program/Project Category Name 09010.0901 $ - .Replacement&Disaster Recovery Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached XX - NA Q. St Zoog Previous Ordinance or Resolution# Department Director Date Original Contract Date: a e .0 Original Contract Number: City Attorney Dai lFinancirector Date Received in City Clerk's Office Received in Mayor's Office May Date Comments: Revised January 15,2009 A. 1 lee Storm 2009 Recovery Fund Page 2 of 4 7ayve e i le ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Lioneld Jordan and City Council Members FROM: Paul A. Becker,Finance Director DATE: . February 18, 2009 SUBJECT: 2009 Ice Storm Damages Recommendation Staff recommends the attached budget amendment to appropriate funds for costs associated with the ice storm disaster which the City experience beginning January 26, 2009. The staff also requests permission for the Mayor to authorize the Finance Director to advance up to $1,000,000 on a temporary basis from the General Fund to the Replacement and Disaster Relief Fund if necessary. This advance is to be reimbursed when sufficient funds are available in the Replacement and Disaster Fund. Background As we are all well aware, the City sustained extensive damage from an ice storm which began on January 26, 2009. The initial costs to meet this emergency were absorbed by the City's operating budgets which must be replenished to continue to provide essential City services throughout the year. In addition to these costs, the costs to remove and dispose of debris will be substantial. The effect of this storm has been declared a national disaster by the Governor and the President allowing both FEMA and the Arkansas emergency management assistance funding to be made available in the approximate ratio of 75% Federal, 12.5% State, and 12.5% Local. In addition to the appropriation request of$4,000,000,staff requests that the City Council authorize the Mayor, at the request of the Finance Director,to advance up to $1,000,000 from the General Fund as a temporary loan to the Replacement and Disaster Relief Funds if necessary to address cash flow needs. This temporary loan would be repaid when reimbursement funds are received in the Replacement and Disaster Relief Fund from the appropriate State of Federal Agency. If and when a General Fund loan(advance)is made,the City Council will be informed at the next available agenda session and the status of that loan will be updated at each City Council Agenda Session until the loan is fully repaid. Budget Impact The impact of this budget amendment is to appropriate an additional$4,000,000 to the Replacement and Disaster Relief Fund with the City's estimated cost to be$500,000. A. I lee Storm 2009 Recovery Fund Page 3 of 4 RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT APPROPRIATING $4,000,000.00 TO THE REPLACEMENT AND DISASTER RECOVERY FUND FOR ICE STORM 2009 DISASTER RECOVERY; AND GRANTING THE MAYOR THE AUTHORITY TO AUTHORIZE THE TEMPORARY LOAN OF UP TO $1,000,000.00 FROM THE GENERAL FUND TO ADDRESS CASH FLOW NEEDS PENDING FEDERAL AND STATE REIMBURSEMENT. 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 approves a budget adjustment appropriating $4,000,000.00 to the Replacement and Disaster Recovery fund for Ice Storm 2009 Disaster Recovery. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby grants the Mayor the authority to authorize the temporary loan of up to $1,000,000.00 from the General Fund to address cash flow needs pending Federal and State reimbursement. PASSED and APPROVED this 18a'day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer City of Fayetteville,Arkansas A. I Budget Adjustment Form lee Storm 2009 Fund Budget Year Department: Citywide Date Requested Adjustment Numlte 4 of 4 2009 Division: CitywideI I Program: Ice Storm 2009- FEMA 2/18/2009 Project or Item Added/Increased: Project or Item Deleted/Reduced: $3,600,000 is requested in the Professional Services $3,000,000 is requested from the Federal Grants- account, $100,000 is requested in the Contract Services Operational account, $500,000 is requested from the State account, and$300,000 is requested in the Transfer to Grants - Operational account, and$500,000 is requested Other Funds account. from the Use of Fund Balance account. Justification of this Increase: Justification of this Decrease: An ice storm began on January 26, 2009 and continued Since the area was declared a national disaster, for several days. The area was declared a national reimbursement from FEMA (75%), Arkansas Department disaster by the President of the United States and the of Emergency Management (12.5%) and use of fund Governor of Arkansas. balance (12.5%) in the City's Replacement& Disaster Recovery Fund will be available. Increase Budget _ Account Name Account Number Amount Project Number Professional Services 4270 9280 5314 00 3,600,000 09010 0901 Contract Services 4270 9280 5315 00 100,000 09010 0901 Transfer to Other Funds 4270 9280 7601 00 300,000 09010 0904 Decrease Budget Account Name Account Number Amount Project Number State Grants -Operational 4270 0927 4302 01 500,000 09010 0901 Federal Grants -Operational 4270 0927 4309 01 3,000,000 09010 0901 Use of Fund Balance 4270 0927 4999 99 500,000 09010 0901 Approval Signatures Budget&Research Use Only Type: A B C D E Requested By Date General Ledger Date Budget Director Date Approval Date Department Director n � Date Initial Date C� Q „ Ids a^ 19 -OS Posted to General Ledger Fina e Direct Date Initial Date Mc q Posted.to Project Accounting yo ate Initial Date A.2 Solid Resources,Inc. Page 1 of 2 RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT FOR STORM DEBRIS MONITORING SERVICES WITH SOLID RESOURCES, INC. IN THE AMOUNT OF $483,690.00, PLUS A CONTINGENCY IN THE AMOUNT OF $96,914.00 WHEREAS, the City of Fayetteville solicited Requests for Proposals for Storm Debris Monitoring Services as required by the Federal Emergency Management Administration (FEMA); and WHEREAS, a Selection Committee including an alderman and numerous city staff painstakingly reviewed several applicants and eventually voted by an approved rating system to select Solid Resources, Inc. as the most qualified, capable, and affordable applicant to best supply Storm Debris Monitoring Services for the citizens of Fayetteville. NOW, THEREFORE, 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 approves the selection of Solid Resources, Inc. for Storm Debris Monitoring Services for the City of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the Agreement For Storm Debris Monitoring Services (attached as Exhibit "A") with Solid Resources, Inc. in the amount of$483,690, plus a contingency of$96,914.00. PASSED and APPROVED this 18`l' day of February, 2009. APPROVED: ATTEST: By: By. LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.2 Solid Resources,Inc. Page 2 of 2 A.3 DRC Emergency Services,LLC Page 1 of 2 RESOLUTION NO. A RESOLUTION TO APPROVE A CONTRACT FOR STORM DEBRIS REMOVAL SERVICES WITH DRC EMERGENCY SERVICES, LLC IN THE AMOUNT OF$2,419,185.64, PLUS A CONTINGENCY OF $400,000.00 WHEREAS, after the devastating ice storm of January 26-27, 2009, President Obama declared much of Northwest Arkansas, including the City of Fayetteville a Disaster Area eligible for FEMA assistance; and WHEREAS, the amount of downed trees, broken limbs, and other debris throughout Fayetteville is so massive that Fayetteville's employees and equipment cannot handle the tremendous job of removing such debris without hiring an independent contractor; and WHEREAS, the cost of the debris removal will be largely offset by reimbursements from FEMA and the State of Arkansas; and WHEREAS, the City of Fayetteville properly solicited Requests For Proposals from independent contractors desiring to be awarded a Contract for Storm Debris Removal Services; and WHEREAS, the City's Selection Commission painstakingly reviewed proposals from almost twenty companies and the selected by use of an approved rating/point system, the applicant/proposal which was the most qualified, capable, and economical company to pick up, remove and reduce to wood chips the debris caused by the ice storm. NOW, THEREFORE, 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 approves the selection of DRC Emergency Services, LLC as the most qualified, capable and economical company to be awarded the contract for Storm Debris Removal Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards the Contract For Storm Debris Removal Services (attached as Exhibit "A") which includes all terms within the Project Manual, to DRC Emergency Services, LLC in the amount of $2,419,185.64 plus a contingency of$400,000.00. PASSED and APPROVED this 18"' day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.3 DRC Emergency Services,LLC Page 2 of 2 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/18/2009 City Council Meeting Date Agenda Items Only Paul A. Becker Finance Director Finance Submitted By Division Department Action Required: This request is to appropriate funds for costs incurred and forcasted future costs associated with the ICE Storm which began on January 26,2009. These costs are reimbursable from FEMA and the Arkansas Department of Emergency Management in the percetanges of 75%and 12.5% respectively. This request also includes the authority to advance (loan) up to$1,000,000 on a temporary basis from the General Fund. $ 4,000,000.00 $ - ICE FEMA 2009 Ice Storm Reimburs Cost of this request Category/Project Budget Program Category/Project Name 4270.9280.5314.00 $ - Ice Storm 2009 Account Number Funds Used to Date Program/Project Category Name 09010.0901 $ - .Replacement&Disaster Recovery Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached XX - 'A Q- 1- 11$ Zon9 Previous Ordinance or Resolution# Department Director Date Original Contract Date: t Original Contract Number: City Attorne A Dat Poi, Y 4, _ v1IL Financ hector D ,,a_ ,y, ate Received in City Clerk's Office i Chief - S f Received in Mayor's Office 61-May Date Comments: Revised January 15,2009 Tayve e 1i le ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Lioneld Jordan and City Council Members FROM: Paul A. Becker,Finance Director DATE: February 18, 2009 SUBJECT: 2009 Ice Storm Damages Recommendation Staff recommends the attached budget amendment to appropriate funds for costs associated with the ice storm disaster which the City experience beginning January 26, 2009. The staff also requests permission for the Mayor to authorize the Finance Director to advance up to $1,000,000 on a temporary basis from the General Fund to the Replacement and Disaster Relief Fund if necessary. This advance is to be reimbursed when sufficient funds are available in the Replacement and Disaster Fund. Background As we are all well aware, the City sustained extensive damage from an ice storm which began on January 26, 2009. The initial costs to meet this emergency were absorbed by the City's operating budgets which must be replenished to continue to provide essential City services throughout the year. In addition to these costs, the costs to remove and dispose of debris will be substantial. The effect of this storm has been declared a national disaster by the Governor and the President allowing both FEMA and the Arkansas emergency management assistance funding to be made available in the approximate ratio of 75% Federal, 12.5% State, and 12.5%Local In addition to the appropriation request of$4,000,000, staff requests that the City Council authorize the Mayor, at the request of the Finance Director, to advance up to $1,000,000 from the General Fund as a temporary loan to the Replacement and Disaster Relief Funds if necessary to address cash flow needs. This temporary loan would be repaid when reimbursement funds are received in the Replacement and Disaster Relief Fund from the appropriate State of Federal Agency. If and when a General Fund loan(advance)is made,the City Council will be informed at the next available agenda session and the status of that loan will be updated at each City Council Agenda Session until the loan is fully repaid. Budget Impact The impact of this budget amendment is to appropriate an additional$4,000,000 to the Replacement and Disaster Relief Fund with the City's estimated cost to be $500,000. RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT APPROPRIATING $4,000,000.00 TO THE REPLACEMENT AND DISASTER RECOVERY FUND FOR ICE STORM 2009 DISASTER RECOVERY; AND GRANTING THE MAYOR THE AUTHORITY TO AUTHORIZE THE TEMPORARY LOAN OF UP TO $1,000,000.00 FROM THE GENERAL FUND TO ADDRESS CASH FLOW NEEDS PENDING FEDERAL AND STATE REIMBURSEMENT. 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 approves a budget adjustment appropriating $4,000,000.00 to the Replacement and Disaster Recovery fund for Ice Storm 2009 Disaster Recovery. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby grants the Mayor the authority to authorize the temporary loan of up to $1,000,000.00 from the General Fund to address cash flow needs pending Federal and State reimbursement. PASSED and APPROVED this 18th day of February,2009. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk/Treasurer City of Fayetteville,Arkansas Budget Adjustment Form Budget Year Department: Citywide Date Requested Adjustment Number 2009 Division: CitywideI I Program: Ice Storm 2009- FEMA 2/18/2009 Project or Item Added/Increased: Project or Item Deleted/Reduced: $3,600,000 is requested in the Professional Services $3,000,000 is requested from the Federal Grants- account, $100,000 is requested in the Contract Services Operational account, $500,000 is requested from the State account, and$300,000 is requested in the Transfer to Grants -Operational account, and$500,000 is requested Other Funds account. from the Use of Fund Balance account. Justification of this Increase: Justification of this Decrease: An ice storm began on January 26, 2009 and continued Since the area was declared a national disaster, for several days.The area was declared a national reimbursement from FEMA(75%), Arkansas Department disaster by the President of the United States and the of Emergency Management(12.5%) and use of fund Governor of Arkansas.- balance (12.5%) in the City's Replacement& Disaster Recovery Fund will be available. Increase Budget Account Name Account Number Amount Project Number Professional Services 4270 9280 5314 00 3,600,000 09010 0901 Contract Services 4270 9280 5315 00 100,000 09010 0901 Transfer to Other Funds 4270 9280 7601 00 300,000 09010 0904 Decrease Budget Account Name Account Number Amount Project Number State Grants -Operational 4270 0927 4302 01 500,000 09010 0901 Federal Grants -Operational 4270 0927 4309 01 3,000,000 09010 0901 Use of Fund Balance 4270 0927 4999 99 500,000 09010 0901 Approval Signatures Budget&Research Use Only Type: A B C D E Requested By Date General Ledger Date Budget Director Date Approval Date Department Director pp Date Initial Date �� 0. Pa,y,��.-� •L^19 -05 Posted to General Ledger Finan e Direct r-� Date Initial Date M4 1 q d�/ (/� Posted to Project Accounting M yor ` .Date Initial Date RESOLUTION NO. A RESOLUTION APPROVING A BUDGET ADJUSTMENT APPROPRIATING $4,000,000.00 TO THE REPLACEMENT AND DISASTER RECOVERY FUND FOR ICE STORM 2009 DISASTER RECOVERY; AND GRANTING THE MAYOR THE AUTHORITY TO AUTHORIZE THE TEMPORARY LOAN OF UP TO $1,000,000.00 FROM THE GENERAL FUND TO ADDRESS CASH FLOW NEEDS PENDING FEDERAL AND STATE REIMBURSEMENT. 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 approves a budget adjustment appropriating $4,000,000.00 to the Replacement and Disaster Recovery fund for Ice Storm 2009 Disaster Recovery. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby grants the Mayor the authority to authorize the temporary loan of up to $1,000,000.00 from the General Fund to address cash flow needs pending Federal and State reimbursement. PASSED and APPROVED this 18t' day of February, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH,City Clerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 2/18/2009 City Council Meeting Date Agenda Items Only Don Marr Administration Administration Submitted By Division Department Action Required: Approval of a debris removal contract with Solid Resources, Inc. in the amount of$483,690 for ice storm debris removal monitoring, and approve a 20% contingency of$97,000. $ 580,690.00 $ ' Cost of this request Category/Project Budget Program Category/Project Name 4270 9280 5314 00 $ Account Number Funds Used to Date Program/Project Category Name 09010/0901 $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 0 Previous Ordinance or Resolution# Department Director Date I� Original Contract Date: a -Oq Original Contract Number: City Attor Date `'P WA Ck. a,ici-24M Finance and Internal Services Director Date Received in City gERF Clerk's Office ,. 14 jChief o taff Date �v t Received in Mayors Office r / ate r7 Comments: Revised January 15,2009 �7�a I « City Council Meeting of 18 February 2009 CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Mayor Lioneld Jordan From: Don Marr, Chief of Staff Date: 18 February, 2009 Subject: Approval of a contract with Solid Resources, Inc. in the amount of$483,690 for ice storm debris removal monitoring, and approve a 20% contingency of$97,000. RECOMMENDATION City Administration recommends approval of a contract with Solid Resources, Inc in the amount of $483,690 for ice storm debris removal monitoring, and approve a 20%contingency of$97,000. BACKGROUND This contract provides for the FEMA required monitoring and overwatch of the contractors who will be conducting the actual debris removal throughout the City of Fayetteville. The debris monitors act as the quality control/quality assurance inspectors who validate every load of debris at the point of pick up as well as every load delivered to the debris disposal site. DISCUSSION The City received eight proposals 17 February, 2009. The selection committee reviewed all proposals, developed a short list, and interviewed four proposers. The selection criteria were: 1.) Qualifications in relation to scope of work= 25% 2.) Experience, competence, & capacity for performance= 25% 3.) Proposed method of doing work= 15% 4.) Past performance= 15% 5.) Price= 20% The committee identified proposers who excelled in the first four criteria, and then incorporated price into the selection. The number of hours that the debris monitor will work is not under their control. Neel Schaffer $ 953,400.00 Camp Dresser McKee $ 952,000.00 Beck Disaster Recovery $ 1,031,100.00 Solid Resources Inc. $ 483,690.00 Their effort is a direct result of the work methods used by the debris removal contractors. The contractor must observe all vehicles being filled with debris and all loads delivered to the debris collection site. In order to ensure equality when evaluating price, we compared the proposers using a standard set of estimated hours. Using those numbers, estimated costs are below. This uncertainty is why staff recommends the contingency for this contract be much larger than normal. BUDGETIMPACT The funding package is being developed separately. SiteMonitonngCCMemo 10609 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY fil DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Selection Committee FROM: Kit Williams, City Attorney DATE: February 18, 2009 RE: FEMA debris removal contract I have reviewed the Proposed Agreement For Storm Debris Monitoring Services. I do not believe the City should provide "such professional legal, accounting, financial and insurance counseling services as may be required for the Project." (Paragraph 4.5.) Certainly we will provide those services for ourselves as the City, but this language might be interpreted as requiring the City to furnish those services to the contractor. This would be a bad idea fraught with potential liability. I recommend deletion of¶ 4.5. Other than that, the contract appears okay. I have also reviewed the Project Manual For Storm Debris Services. In the Request for Proposals section, I have a few comments/questions. Paragraph 6.8. states "All debris shall be mechanically loaded and reasonably compacted. Hand loading is not permitted ...." Although the vast majority of debris should be mechanically loaded, final clean up to meet the requirements of the contract would appear to require some hands on work. I do not see the requirement of no hand-loading since we are paying by the unit rather than by the hour. Paragraph 16.2.4. states: "The Contract may be terminated," but has no explanation of when or why this should occur. Of course ¶ 19.1. says "This contract may be terminated at any time for the convenience (no reason needed) of the City of Fayetteville." Other than those minor items, this contract looks appropriate and proper to me. RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT FOR STORM DEBRIS MONITORING SERVICES WITH SOLID RESOURCES, INC. IN THE AMOUNT OF $483,690.00, PLUS A CONTINGENCY IN THE AMOUNT OF $96,914.00 WHEREAS, the City of Fayetteville solicited Requests for Proposals for Storm Debris Monitoring Services as required by the Federal Emergency Management Administration (FEMA); and WHEREAS, a Selection Committee including an alderman and numerous city staff painstakingly reviewed several applicants and eventually voted by an approved rating system to select Solid Resources, Inc. as the most qualified, capable, and affordable applicant to best supply Storm Debris Monitoring Services for the citizens of Fayetteville. NOW, THE, 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 approves the selection of Solid Resources, Inc. for Storm Debris Monitoring Services for the City of Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves the Agreement` For Storm Debris Monitoring Services (attached as Exhibit "A") with Solid Resources, Inc. in the amount of$483,690, plus a contingency of$96,914.00. PASSED and APPROVED this 18`x' day of February; 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer AGREEMENT For STORM DEBRIS MONITORING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And SOLID RESOURCES,INC.. THIS AGREEMENT is made as of February ,2009,by and between City of Fayetteville, Arkansas, acting by and through its Mayor(hereinafter called CITY OF FAYETTEVILLE)and SOLID RESOURCES,INC. (hereinafter called SOLID RESOURCES,INC.). CITY OF FAYETTEVILLE is in need of Debris Management and Monitoring Services for its Right of Way debris removal. Contract responsibilities include but are not limited to monitoring vegetative storm debris removal and tree trimming&removal within public lands and rights of way,and debris disposal site monitoring. Therefore,CITY OF FAYETTEVILLE and SOLID RESOURCES,INC. in consideration of their mutual covenants agree as follows: SOLID RESOURCES,INC. shall serve as CITY OF FAYETTEVILLE's monitoring consultant in those assignments to which this Agreement applies,and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of SOLID RESOURCES,INC.'s services. 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 SOLID RESOURCES,INC. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of SOLID RESOURCES,INC. 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. StonnDebrisMonitoringService ConlnctFeb09 1 2/18/2009 SECTION 2- BASIC SERVICES OF SOLID RESOURCES,INC. 2.1 Provide Fixed Site Debris Monitors and Field Debris Monitors and Debris Monitoring Supervision and Management to assist the City of Fayetteville with ice storm debris removal services. SOLID RESOURCES,INC. will provide: 2.2 Fixed Site Debris Monitors SOLID RESOURCES,INC.will provide trained personnel to oversee the inspection of the disposal or unloading sites by providing the monitoring,verification of load capacity, and documentation at designated temporary disposal sites. Services include: 2.2.1 Provide trained disposal site monitor and inspection personnel 2.2.2 Complete record of contract haulers' cubic yardage and other record keeping as may be needed on the provided load ticket 2.2.3 Initial each load ticket before permitting truck to proceed from the check-in area to the tipping area 2.2.4 Remain in contact with debris management/dispatch center or supervisor 2.2.5 Perform other duties as directed by the dispatch/staging operation,debris management project manager,or designated City personnel 2.2.6 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations 2.3 Field Debris Monitors SOLID RESOURCES, INC. will perform roving on-site, street-level work area inspections of debris cleanup and collection. SOLID RESOURCES, INC. will provide loading site (field) monitors to inspect and control debris collection utilizing manifest load tickets. Services include: 2.3.1 Provide field monitor personnel at designated areas to check and verify information on debris removal. 2.3.2 Monitor collection activity of trucks. StonnDebrisMonitoringService ContractFeb09 2 2/18/2009 2.3.3 Issue manifest load tickets at loading site for each load. 2.3.4 Check the area for safety considerations such as—downed power lines,children playing in area,meeting traffic control needs,safe operation of trucks and equipment. 2.3.5 Ensure only eligible ice storm related vegetative(trees,limbs,and brush) debris is collected. No non-vegetative debris is authorized to be collected. No non-ice storm damage related debris is authorized to be collected 2.3.6 Perform a pre-work inspection of areas to check debris piles to identify covered utility meters,transformers, fire hydrants,mail boxes,etc. to help prevent damage from loading equipment and to look for potential problems. 2.3.7 Should damages occur to utility components, driveways,road surfaces,private property, vehicles,etc.,document the damage with photos. If possible,collect information about owner,circumstances of the damage(who,what,when,where)and report to your supervisor. 2.3.8 Ensure the work area is clear of debris to the specified level before equipment moves to a new loading area. 2.3.9 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations. 2.3.10 Properly monitor and record performance and productivity of debris removal crew. 2.3.11 Remain in constant contact with debris management/dispatch center or supervisor. 2.3.12 Ensure that loads are contained properly before leaving the loading area. 2.3.13 Ensure only eligible debris is collected for loading and hauling. 2.3.14 Ensure only debris from approved public areas is loaded for removal. 2.3.15 Perform other duties from time to time as directed by the debris management project manager or designated City debris management personnel. StonnDebrisMonitoringServicesContractFeb09 3 2/182009 2.4 Senior Technician/Field Supervisor/Emereencv Operations Manaiz SOLID RESOURCES, INC. will provide project management to oversee debris monitoring activities in the field. Services will include: 2.4.1 Oversight and Supervision of Monitor field activity. 2.4.2 Scheduling of Monitoring resources and deployment timing. 2.4.3 Communication and coordination with City personnel. 2.4.4 Make suggestions to improve the efficiency of collection and removal of debris. 2.4.5 Coordinate daily activities and future planning. 2.4.6 Remain in contact with debris management/dispatch center or supervisor. 2.4.7 Identify,address, and troubleshoot any questions or problems that could impact work area safety and eligibility. 2.4.8 Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations.Document truck hauling compartment condition using digital photographs.Prepare a master log book of all hauling equipment used by the City's debris removal SOLID RESOURCES,INC.. 2.4.9 Compile,reconcile and document daily in an electronic spreadsheet format all eligible debris hauled by the City of Fayetteville's debris removal SOLID RESOURCES,INC.. SECTION 3- ADDITIONAL SERVICES OF SOLID RESOURCES,INC. 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE Mayor and the City Council and agreed to in writing by SOLID RESOURCES,INC., SOLID RESOURCES,INC. shall furnish or obtain from others Additional Services of the following types that are not considered normal or customary Basic Services. The scope of Additional Services may include: StormDebrisMonitoringSeroiemContmetFeb09 4 2/182009 3.1.1 Administrative Assistance Provide Contract and Project administration to the degree authorized by CITY OF FAYETTEVILLE. 3.1.2 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or other proceeding involving the Project. 3.1.3 Extra Services 3.1.3.1 Services not specifically defined heretofore that may be authorized by CITY OF FAYETTEVILLE. 3.2 Contingent Additional Services 3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due to circumstances beyond SOLID RESOURCES,INC.'s control, SOLID RESOURCES,INC. shall notify CITY OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems that such services described in 3.2 are not required,CITY OF FAYETTEVILLE shall give prompt written notice to SOLID RESOURCES,INC. If CITY OF FAYETTEVILLE indicates in writing that all or parts of such Contingent Additional Services are not required,SOLID RESOURCES,INC. shall have no obligation to provide those services. SECTION 4- RESPONSIBILITIES OF CITY OF FAYETTEVILLE CITY OF FAYETTEVILLE shall,within a reasonable time,so as not to delay the services of SOLID RESOURCES,INC.. 4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 4.2 Assist SOLID RESOURCES,INC. by placing at SOLID RESOURCES,INC.'s disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. StormDebrisMonitoringServicsContmetFeb09 5 2/18/2009 4.3 Guarantee access to and make all provisions for SOLID RESOURCES,INC. to enter upon public and private property as required for SOLID RESOURCES,INC.to perform his services under this Agreement. 4.4 Examine all proposals,and other documents presented by SOLID RESOURCES, INC.and render in writing decisions pertaining thereto. 4.5 The Transportation Manager and the Water&Wastewater Director are the CITY OF FAYETTEVILLE's project representatives with respect to the services to be performed under this Agreement. The Transportation Manager and the Water&Wastewater Director shall have complete authority to transmit instructions,receive information,interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials,equipment,elements and systems to be used in the Project,and other matters pertinent to the services covered by this Agreement. 4.6 Give prompt written notice to SOLID RESOURCES,INC.whenever CITY OF FAYETTEVILLE observes or otherwise becomes aware of any defect in the Project. 4.7 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Pay directly to the governmental authorities the actual filing and permit fees. 4.8 Pay for placement of legal notices and advertisements in newspapers or other publications required by the Project. 4.9 Furnish,or direct SOLID RESOURCES,INC. to provide,necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.10 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to SOLID RESOURCES,INC. in a timely manner. SECTION 5- PERIOD OF SERVICE 5.1 This Agreement will become effective upon the fust written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 5.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. SOLID StormDebrisMonitoringSemice ContmetFeb09 6 2/18/1009 RESOURCES,INC.will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. SECTION 6- PAYMENTS 19 SOLID RESOURCES,INC. 6.1 Compensation 6.1.1 Storm Debris Monitoring Services / The maximum not-to-exceed amount authorized for this Agreement is S 6 90 N d 0 ,. The CITY OF FAYETTEVILLE shall compensate SOLID RESOURCES,;INC.based on a Unit Price basis as described in Appendix A. 6.1.1.1 Subject to the City Council approval,adjustment of the not-to-exceed amount may be made should SOLID RESOURCES,INC.establish and CITY OF FAYETTEVILLE agree that there has been or is to be asignificant change in scope,complexity or character of the services to be performed; or if CITY OF FAYETTEVILLE 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. Changes,modifications or amendments in scope,price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council'in advance of the change in scope,cost,fees,or delivery schedule. 5.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Design services consistent with SOLID RESOURCES,INC.'s normal billing schedule. Once established,the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in,accordance with a format to;be developed by SOLID RESOURCES,INC.and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project design schedule as the basis for determining the value earned as the work is accomplished. Final payment for Design services shalt be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the Design phase for the Project. StonnDebrisMonitoringServicesContr cffebO9 7 2/18/2009