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HomeMy WebLinkAbout2011-01-18 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 18, 2011 A meeting of the Fayetteville City Council will be held on January 18, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. State of the City Address Agenda Additions: A. Consent: 1. Approval of the January 4, 2011 City Council meeting minutes. APPROVED 2. Bid #10-70 King Electrical Contractors, Inc.: A resolution awarding Bid #10-70 and authorizing a contract with King Electrical Contractors, Inc. in an amount not to exceed $83,299.00 for lighting upgrades to the Water and Sewer Building plus a 10% project contingency from energy efficiency and conservation block grant funds, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 14-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Williams Tractor of Fayetteville: A resolution authorizing purchase of a Case Maxxum 125 tractor with Case L750 loader from Williams Tractor of Fayetteville, pursuant to a competitive bid through the National Joint Powers Alliance (NJPA) cooperative purchasing agreement, in the amount of $72,475.00 for use in Wastewater Biosolids Solar Drying Operations, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 15-11 4. Amend Resolution No. 223-10: A resolution amending Resolution No. 223-10 to authorize the additional payment of applicable sales taxes for the purchase of an H&S all- purpose spreader for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 16-11 5. Amend Resolution No. 224-10: A resolution amending Resolution No. 224-10 to authorize the additional payment of applicable sales taxes for the purchase of a walking floor trailer for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 17-11 6. Garland Avenue Widening and Improvement Project: A resolution to express the agreement of the City Council to accept the Arkansas Highway and Transportation Department's offer to transfer some of their money designated for the Highway 112 and 71B Interchange Project to complete the Garland Avenue Widening and Improvement Project if the City transfers its Garland Avenue commitment to the Highway 112 and 71 B Interchange Project scheduled for 2013. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 18-11 B. Unfinished Business: None C. New Business: 1. Quarterly Recycling Reports: A resolution to recommend posting quarterly reports about recycling efforts and seeking new markets for additional recycled material. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 19-11 2. Unmarked Unit Program Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of used vehicles for the Police Department unmarked unit program in an amount not to exceed $25,000.00 per vehicle, and allowing existing unmarked units to be sold for trade-in value toward replacements. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5381 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Buford Goff and Associates: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Buford Goff and Associates in the total amount of$219,705.00 for consulting services related to the City's Motorola radio project. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5382 4. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services interlocal agreement with Washington County, Arkansas, setting fees at$55.00 per booked prisoner for calendar year 2011. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 20-11 Announcements: Adjournment: 7:05 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cellphones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City Council Meeting: January 18,2011 Adjourn: 7' 05 �J, M. Subject: Roll Gray Thiel Kinion Petty Tennant Ferrell +/ Adams s/ Lewis Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: January 18,2011 Subject: Consent Motion To: Motion By: Seconded: �1L Gray Thiel ✓ K%Y' Kinion / Petty ✓ Tennant r/ Pr Ferrell r/ Adams y/ Lewis ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Gray Thiel Kinion Petty Tennant Ferrell Adams Lewis Mayor Jordan City Council Meeting: January 18,2011 Subject: Quarterly Recycling Reports Motion To: "-P � 40 Motion By: Ob --A-e C� &S4--/%VzueAl oz 1�W IS Seconded: �� �avi'ns� C. 1 Gray ✓ ✓ New Thiel r/ ✓ Business Kinion Petty �/ ✓ Tennant ✓ ✓ Ferrell Adams ,r ✓ II I l Lewis �✓ ✓� Mayor Jordan o g-0 Subject: Unmarked Unit Program Bid Waiver Motion To: And Cad ` � Motion By: j wltuv Seconded: 1.s C.2 Gray New Thiel ✓ �* ✓ Business Kinion �✓ ✓ Petty ,O ✓ �/ Tennant ✓ ✓ ✓ �s Ferrell ✓ 3 V I Adams ✓ ✓ v' Lewis Mayor Jordan _0 City Council Meeting: January 18,2011 Subject: Buford Goff and Associates Motion To: p n, BQ . a. Motion By: Seconded: C. 3 Gray ✓ y,. ✓ New Thiel / ✓' ✓ Business Kinion ,/ ✓ �/ Petty ,i ✓ Tennant �r� ✓ Ferrell `. ,. ✓ Adams ✓ o✓ �/ 5 3g a Lewis ✓ Mayor Jordan B—a 8 -o 7-0 Subject: Washington County Jail Services Interlocal Agreement Motion To: Motion By: Seconded: AXAA < C. 4 Gray New Thiel Business Kinion ✓ Petty dTennant Ferrell ✓ I I� Adams ✓ Vel/ Lewis Mayor Jordan • aye evl a Departmental Correspondence ARKANSAS LEGAL www.accessfayetteville.org DEPARTMENT Kit Williams TO: Lioneld Jordan, Mayor City Attorney Jason B.Kelley Assistant City Attorney THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney qK Z^1 DATE: January 19, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of January 18, 2011 1. Bid #10-70 King Electrical: A resolution awarding Bid #10-70 and authorizing a contract with King Electrical Contractors, Inc. in an amount not to exceed $83,299.00 for lighting upgrades to the Water and Sewer Building plus a 10% contingency from Energy Efficiency and Conservation Block Grant Funds, and approving a budget adjustment. 2. Williams Tractor: A resolution authorizing purchase of a Case Maxxum 125 Tractor with Case L750 Loader from Williams Tractor of Fayetteville, pursuant to a competitive Bid through the National Joint Powers Alliance Cooperative purchasing agreement, in the amount of $72,475.00 for use in Wastewater Biosolids Solar Drying Operations, and approving a budget adjustment. 3. Resolution No. 223-10 Amendment: A resolution amending Resolution No. 223-10 to authorize the additional payment of applicable sales taxes for the purchase of an H&S All-Purpose Spreader for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. 4. Resolution No. 224-10 Amendment: A resolution amending Resolution No. 224-10 to authorize the additional payment of applicable sales taxes for the purchase of a Walking Floor Trailer for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. 5. Garland Avenue Widening and Improvement Project: A resolution to express the agreement of the City Council to accept the Arkansas Highway and Transportation Department's offer to transfer some of their money designated for the Highway 112 and 71-B Interchange Project to complete the Garland Avenue Widening and Improvement Project if the City transfers its Garland Avenue Commitment to the Highway 112 and 71-B Interchange Project scheduled for 2013. 6. Quarterly Recycling Reports: A resolution to recommend posting quarterly reports about recycling efforts and seeking new markets for additional recycled material. 7. Unmarked Police Units: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of used vehicles for the Police Department Unmarked Unit Program in an amount not to exceed $25,000.00 per vehicle, and allowing existing unmarked units to be sold for trade-in value toward replacements. 8. Buford Goff & Associates: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Buford Goff and Associates in the total amount of$219,705.00 for consulting services related to the City's Motorola Radio Project. 9. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the Jail Services Interlocal Agreement with Washington County, Arkansas, setting fees at $55.00 per booked prisoner for calendar year 2011. 2 Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting January 18, 2011 A meeting of the Fayetteville City Council will be held on January 18, 2011 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. State of the City Address Agenda Additions: A. Consent: 1. Approval of the January 4, 2011 City Council meeting minutes. 2. Bid #10-70 King Electrical Contractors, Inc.: A resolution awarding Bid #10-70 and authorizing a contract with King Electrical Contractors, Inc. in an amount not to exceed $83,299.00 for lighting upgrades to the Water and Sewer Building plus a 10% project contingency from energy efficiency and conservation block grant funds, and approving a budget adjustment. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Williams Tractor of Fayetteville: A resolution authorizing purchase of a Case Maxxum 125 tractor with Case L750 loader from Williams Tractor of Fayetteville, pursuant to a competitive bid through the National Joint Powers Alliance (NJPA) cooperative purchasing agreement, in the amount of $72,475.00 for use in Wastewater Biosolids Solar Drying Operations, and approving a budget adjustment. 4. Amend Resolution No. 223-10: A resolution amending Resolution No. 223-10 to authorize the additional payment of applicable sales taxes for the purchase of an H&S all- purpose spreader for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. 5. Amend Resolution No. 224-10: A resolution amending Resolution No. 224-10 to authorize the additional payment of applicable sales taxes for the purchase of a walking floor trailer for the Wastewater Biosolids Solar Drying Project, and approving a budget adjustment. 6. Garland Avenue Widening and Improvement Project: A resolution to express the agreement of the City Council to accept the Arkansas Highway and Transportation Department's offer to transfer some of their money designated for the Highway 112 and 71B Interchange Project to complete the Garland Avenue Widening and Improvement Project if the City transfers its Garland Avenue commitment to the Highway 112 and 71B Interchange Project scheduled for 2013. B. Unfinished Business: None C. New Business: 1. Quarterly Recycling Reports: A resolution to recommend posting quarterly reports about recycling efforts and seeking new markets for additional recycled material. 2. Unmarked Unit Program Bid Waiver: An ordinance waiving the requirements of formal competitive bidding and approving the purchase of used vehicles for the Police Department unmarked unit program in an amount not to exceed $25,000.00 per vehicle, and allowing existing unmarked units to be sold for trade-in value toward replacements. 3. Buford Goff and Associates: An ordinance waiving the requirements of formal competitive bidding and approving a contract with Buford Goff and Associates in the total amount of$219,705.00 for consulting services related to the City's Motorola radio proj ect. 4. Washington County Jail Services Interlocal Agreement: A resolution approving an amendment to the jail services interlocal agreement with Washington County, Arkansas, setting fees at$55.00 per booked prisoner for calendar year 2011. Announcements: Adjournment: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. Ifyou wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 City of Fayetteville Staff Review Form A.2 Bid#10-70 King Electrical City Council Agenda Items contractors, Inc. and Page 1 of 2 Contracts, Leases or Agreements 1/18/2011 City Council Meeting Date Agenda Items Only John Coleman Sustainability Sustainability Submitted By Division Department Action Required: The City of Fayetteville will upgrade the W&S operations bldg. with interior and exterior lighting, motion sensors, and other improvements. The bid (10-70)of$83,299.00 was submitted by King Electric on 12/21/2010. This will be a cost share, with the Energy Block Grant contributing$48,299.00 and W&S contributing $35,000.00. There is a budget adjustment attached for the W&S piece. Funds are available in project 09011.0010 for the Energy Grant contribution. Cwq+ , O' 7 ge o ef SLOCl $ 35,000.00 $ 48,299.00 See attached Energy Block Grant Cost of this request Category/Project Budget Program Category/Project Name 5400.56m0.5801.00 2240.9240.5801.00 See attached Energy Block Grant Account Number Funds Used to Date Program/Project Category Name none /0 09011.91111111110See attached Energy Block Grant Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 0 Previous Ordinance or Resolution# De t Director D� Original Contract Date: Original Contract Number: i Attomey Date Finance and Internal Services Director Date Received in City 12-28-10 P03:38 R C V D Clerks Office _ ��� Chief of St Date Received in � Mayor's Offce 1��/ M or D / Comments: Revised January 15,2009 A.2 Bid#10-70 King Electrical Contractors, Inc. Page 2 of 2 RESOLUTION NO. A RESOLUTION AWARDING BID #10-70 AND AUTHORIZING A CONTRACT WITH KING ELECTRICAL CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED $83,299.00 FOR LIGHTING UPGRADES TO THE WATER AND SEWER BUILDING PLUS A 10% PROJECT CONTINGENCY FROM ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT FUNDS, AND APPROVING A BUDGET ADJUSTMENT 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 #10-70 and authorizes a contract with King Electrical Contractors, Inc. in an amount not to exceed $83,299.00 for lighting upgrades to the Water and Sewer Building, plus a ten percent (10%) project contingency from energy efficiency and conservation block grant funds. A copy of the contract is attached as Exhibit"A". Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit`B". PASSED and APPROVED this 18`t day of January, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer A.6 City of Fayetteville Garland Avenue Widening and Improvement Project Staff Review Form Page 1 of 8 City Council Agenda Items or Contracts January 18, 2010 City Council Meeting Date Chris Brown co Engineering Development Services Submitted By Division Department Action Required: A Resolution to Express the Agreement of the City Council to Accept the Arkansas Highway and Transportation Department's Offer to Complete the Highway 112 (Garland Avenue)Widening and Improvement Project(North Street to Melmar) if the City Transfers its Garland Avenue Commitment to the Highway 112 and Hwy 71 B Interchange Project Scheduled for 2013 $ 19,262,726.00 Transportation Bond Improvements Cost of this request Category/Project Budget Program Category/Project Name $ 6,195,662.80 Street Improvements Account Number Funds Used to Date Program/Project Category Name 06035 $ 13,067,063.20 2006A Sales Tax Construction Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �InrjQ,j,J Previous Ordinance or Resolution# Department ctor OI Date o Original Contract Date: Q-24f Original Contract Number: City Attorney Date "1 tj o- _ y ( - 12 -101t Received in City Clerk's Office Finance and Internal Service Director Date 01-12-1 1 A09 •43 RCVD Chief of Sta Date Received in Mayor's Office / Mayor Date Comments: A.6 Garland Avenue Widening and Improvement Project Tq evl le EN e2of$THE CITY OF FAYETTEVI&E,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO Council Meeting of January 18,2011 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate,Development Services Directoid From: Chris Brown, City Engineer Date: January 11, 2011 Subject: A Resolution to Express the Agreement of the City Council to Accept the Arkansas Highway and Transportation Department's Offer to Complete the Garland Avenue Widening and Improvement Project if the City Transfers its Garland Avenue Commitment to the Highway 112 and Hwy 71B Interchange Project Scheduled for 2013 PROPOSAL The Transportation Bond Program, approved by voters in 2006, consists of approximately$65.9 million in bonds that are to be repaid by a dedicated sales tax, and approximately$24.5 million in state and federal funding. Because of the pay back capacity of the sales tax dedicated for this program, the bonds were scheduled to be issue in 3 phases: $24.5 million in 2006, $9.5 million in 2009, and the balance of$31.9 million in 2014. The Highway 112 (Garland Avenue) Project, from North Street to Melmar, is included in the City's Transportation Bond Program,with a budget of$5.2 million. The City has a partnership agreement with the Arkansas Highway and Transportation Department(AHTD) that obligates the City to pay 50%of the construction cost,up to $1.5 million, and all of the right of way acquisition and utility relocation costs. We recently received a letter from AHTD (dated November 12, 2010) requesting a commitment from the City to move forward with the project, so that right of way could be completed, and utility relocations underway,by September 2011. In the letter, AHTD indicates that the construction cost estimate has increased to $3.9 million from$3 million, and offers to cover the additional $900,000 in costs if the City can meet the right of way acquisition deadline of September 2011 so that their construction funds can be obligated in their 2011 fiscal year. In order for the City to comply with this request, the full $5.2 million allocated for this project would be needed by September 2011. In accordance with a schedule established in 2007, funding for the project is split over the last two bond issues, which means that the project will not be fully funded until the 3 bond issue in 2014. Therefore, we have a funding gap on this project until 2014. A.6 THE CITY OF FAYETTEV!@L1fi?0 h"eningand Page 3 of 8 This funding gap issue was communicated to AHTD, and they have responded with a proposal that will allow the Highway 112 project to proceed without delay, while allowing the City to defer payment of the funds we agreed to pay on the project until September 2013. Under this arrangement, the City's obligation under the Highway 112 project will be transferred to another project, identified by AHTD as Job 040584, Highway 112 and Hwy 71 B Interchanges Interim Impvts., with payment due on this project by September 2013. RECOMMENDATION Staff recommends approval of a resolution agreeing to the proposal presented by AHTD. BUDGET IMPACT The estimated budget impact totals $5.2 million. Currently, $1.5 million is available in the Bond Program; funding source(s) of the remainder are to be determined by 2013,but include a small Bond Issue through the Transportation Bond Program. A.6 Garland Avenue Widening and Improvement Project Page 4 of 8 RESOLUTION NO. A RESOLUTION TO EXPRESS THE AGREEMENT OF THE CITY COUNCIL TO ACCEPT THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT'S OFFER TO TRANSFER SOME OF THEIR MONEY DESIGNATED FOR THE HIGHWAY 112 AND 71B INTERCHANGE PROJECT TO COMPLETE THE GARLAND AVENUE WIDENING AND IMPROVEMENT PROJECT IF THE CITY TRANSFERS ITS GARLAND AVENUE COMMITMENT TO THE HIGHWAY 112 AND 71B INTERCHANGE PROJECT SCHEDULED FOR 2013 WHEREAS, substantial additional funds are needed for the completion of the Garland Avenue widening and improvement project; and WHEREAS, if these additional funds cannot be supplied, state and federal money committed to this project could be lost; and WHEREAS, the Arkansas State Highway and Transportation Department through a January 11, 2011 letter to Mayor Jordan (attached) proposes that this additional necessary money could be transferred from the scheduled Highway 112 and Highway 71B interchange if the City agrees to transfer its financial commitment from Garland project to the Highway 112 and Highway 71B interchange project which is scheduled for 2013; and WHEREAS, such an agreement to transfer the City's financial commitment ensures that federal and state funding pledged to the Garland Avenue project will not be lost. 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 agrees to accept the Arkansas Highway and Transportation Department's offer to transfer some of their money designated for the Highway 112 and 71B interchange project in order to complete the Garland Avenue widening and improvement project if the City transfers its Garland Avenue project commitment to the Highway 112 and 71B interchange project scheduled for 2013 and authorizes Mayor Jordan to sign any agreement needed to effectuate this proposal. PASSED and APPROVED this 18th day of January, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer A.6 Garland Avenue Widening and Improvement Project Page 5 of 8 RESOLUTION NO.102-06 A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTICIPATE IN PARTIAL FUNDING OF THE PROPOSED WIDENING OF HIGHWAY 112 FROM HIGHWAY 112 SPUR NORTH 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 expresses its willingness to participate in the partial funding of the proposed widening of Highway 112 from Highway 112 Spur north (Wedington Drive to Melmar Street). Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby expresses its willingness to pay 50% of the construction cost for this project up to a maximum of $1,500,000.00, and 100% of costs associated with right-of-way acquisition and utility adjustments. PASSED and APPROVED this 6th day of June, 2006. ;`���;���SV o c•�;��;'s E ^Ue .mss a APPROVED: ATTEST: ;FAYEIIEYiLLE; 3 's9�ggkANSPOJ??� ANG T ON�GP``� By: By: COO ayor ONDRA SMITH,City Clerk Garland Avenue Widening and Improvement Project Page 6 of 8 ARKANSAS STATE HIGHWAY RECEIVED AND I NOV 15 2010 TRANSPORTATION DEPARTMENT04TY of FAYETTEVILLE j MAYOR'S OFFICE l Dan Flowers P.O.Box 2261 Director . Little Rock,Arkansas 72203-2261 . Phone(50h 569-2000 Fnz(501)569-2400 +1 wwwARKANSASN1GMwAYS.COM November 12, 2010 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mayor Jordan: Reference is made to your September 9, 2010 letter requesting an updated cost estimate for the proposed reconstruction and widening of Highway 112 in Fayetteville. In accordance with my September 28, 2010 response to you, plan revisions and an updated cost estimate have been made. The construction cost is now estimated to be approximately$3.9 million. In your letter you noted that the City has committed to pay for all right of way and utility costs and for $1.5 million of the construction costs. The Department has committed to pay for preliminary and construction engineering and $1.6 million for construction. Therefore, in order to complete the entire.project, approximately $900,000 of additional funds will be needed for construction. The Department is willing to fund this additional amount provided the City acquires the right of way and begins the utility relocation by September 1, 2011: This will allow us to include the project in the FY 2011 construction program. If this is acceptable to the City, the right of way process can begin. If you have any questions or need additional information, ptease`contact Phil McConnell at (501) 569-2301. Sincerely, Frank Vozef Deputy Director and Chief Engineer a Commissioner Dick Trammel Director Assistant Chief Engineer-Design Assistant Chief Engineer-Planning Roadway Design Right of Way Environmental A.6 Garland Avenue Widening and Improvement Project ARKANSAS STATE HIGHWAY Page 7of8 AND TRANSPORTATION DEPARTMENT Dan Flowers Di ['.O. Box 2261 F'hoRetsol?549.200()00 Fax Fax tSOn 5692ano9 O Little Rock, Arkansas 72203-2261 WW WARK.AKSASHIGHWAYS.CQM January 11, 2011 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mayor Jordan: Reference is made to our recent discussion regarding the City's partnering commitment for improvements to Highway 112 extending north of the North Street/Highway 112 Spur intersection in Fayetteville (Job 040489). While we cannot proceed with the project and allow the City to defer payment until Fiscal Year (FY) 2013, we are willing to proceed with the project in FY 2011 using Federal-aid funds and State match and transfer the City's commitment to Job 040584, Hwy. 112 & Hwy. 71B Interchanges Interim impvts. (Fayetteville). This project is currently scheduled for FY 2013 and is estimated to cost approximately $11.8 million (construction only). The City's partnering commitment for Job 040584 would be for the actual cost of right of way acquisition and reimbursable utility adjustments plus the $1.5 million commitment for construction on Job 040489. If transferring the City's current partnering commitment on Job 040489 to Job 040584 is acceptable, please advise and we will prepare the necessary agreements to confirm this commitment. If you have any questions, please advise. Sincerely; _Frank Vozelov Deputy Director and Chief Engineer c: Commissioner Dick Trammel Director Assistant Chief Engineer-Planning Assistant Chief Engineer-Design Right of Way Roadway Design Programs and Contracts District 4 Chris Brown, City Engineer A.6 Garland Avenue Widening and Improvement Project Page 8 of 8 C.3 Buford Goff and Associates Page 1 of 8 Consultant Services Contract THIS AGREEMENT is made as of January 20, 2011, by and between the City of Fayetteville, Arkansas (hereinafter referred to as the "City") and Buford Goff and Associates, Inc. (hereinafter referred to as "BGA") 1331 Elmwood Ave, Suite 200, Columbia, South Carolina 29201. WITNESSETH: In consideration of the mutual promises herein contained, the parties hereto, intending to be legally bound, agree as follows: Article I— Scone of Work The City hereby engages "BGA" to perform consulting services ( the "Services") set forth in the Statement of Work annexed hereto as Appendix "A", and incorporated herein by this reference ( the "Statement of Work", and "BGA" hereby agrees to perform such Services, all on the terms and subject to the conditions set forth in this Agreement and the Statement of Work. Article II— Compensation As compensation for the Services, the City shall pay `BGA" the sum stated in the Statement of Work. "BGA" will submit to the City a monthly invoice for one twelfth of the contract price plus any on-site visit expenses. The invoice should include a list of services provided and all details of on- site visit charges. The City shall pay "BGA" the amount on the invoice within thirty (30) days of the City's receipt of the invoice. Article III— Submission of Reports During the term of this Agreement, "BGA" shall provide to the City or its designee such oral or written reports as are specified in the Statement of Work. C.3 Buford Goff and Associates Page 2 of 8 Article IV— Period of Performance— Contract Amount The performance by "BGA" of the Services hereunder shall commence as soon as practicable follow the execution and delivery of this Agreement by both parties (the date of the such commencement is herein referred to as the "Commencement Date", and, subject to the provisions of ARTICLE VI hereof, shall terminate upon completion of the Services and payment to "BGA" of the total sum specified in the Statement of Work. Article V—Independent Contractor "BGA"'s relationship with the City shall at all times be that of an independent contractor. The method and manner in which "BGA" services hereunder shall be performed shall be determined by "BGA" in its sole discretion, and the City will not exercise control over "BGA" or its employees except insofar as may be reasonably necessary to ensure performance and compliance with this Agreement. The employees, methods, equipment and facilities used by "BGA" shall at all times be under it exclusive direction and control. Nothing in this Agreement shall be construed to designate "BGA", or any of its employees, as employees or agents of the City. Article VI — Termination, Disputes (a) Either party (the "Terminating Party") may terminate this Agreement if the other party materially fails to satisfy one or more of its obligations hereunder and such failure continues for more than thirty (30) days after notice of such failure by the Terminating Party to the other party. If this Agreement is terminated prior to completion of the Services and full payment therefore, the parties shall have all rights and remedies available at law, subject to the terms of this Agreement. In the event of termination, the City shall pay "BGA" for work performed and expenses incurred up to the date of termination. (b) If any invoice is disputed, the City must specify the amount in dispute and the nature of the dispute and must pay the undisputed amount of the invoice in accordance with the terms of this Agreement. If notice of dispute of an invoice is not sent to "BGA" within 30 days of the City's receipt of the invoice, C.3 Buford Goff and Associates Page 3 of 8 the invoice will be deemed acceptable by the City and must be paid in accordance with the terms of this Agreement. Article VII - Warranties "BGA" warrants to the City that it will perform the Services in accordance with the Statement of Work and in a professional manner substantially in accordance with standards of performance in the consulting business, subject to the terms of this Agreement. Article VIII—Insurance During the term of this Agreement "BGA" shall maintain property damage insurance and general public liability insurance with limits which "BGA" believes to be substantially in accordance with industry standards. "BGA" shall also carry worker's compensation insurance as required by law. "BGA" will provide the City with a certificate of insurance evidencing the insurance coverage provided for herein. Article IX —Notice Any notice, request or other communication to either party by the other concerning this Agreement shall be in writing and shall be (i) hand- delivered, in which case such notice, request, or other communications shall be deemed given when actually received by the addresses, or (ii) sent by certified or registered United States mail, return receipt requested, postage prepaid, in which case such notice, request or other communication ( if addressed as provided below) shall be deemed given three days (excluding Saturdays, Sundays and holidays) after deposited with the U.S. Postal Service. All notices shall be addressed as follows: If to BGA: Buford Goff and Associates, Inc. 1331 Elmwood Ave, Suite 200 Columbia, South Carolina 29201 Attn: Michael E. Corbett C.3 Buford Goff and Associates Page 4 of 8 If to the City: Fayetteville Police Department 100 W. Rock St Fayetteville, AR 72701 Attn: Kathy Stocker, Dispatch Manager Either party may change such address from time to time by notice given in accordance with the provisions of this Article IX. Article X- General A. Modifications. This Agreement may not be amended or modified except by written agreement of the parties signed by the duly authorized officers of the parties prior to any expense being incurred. B. No Waiver. No omission or delay by either party to this Agreement at any time to enforce any right or remedy reserved to it, or to require performance of any of the terms of this Agreement, shall constitute a waiver of any such right or remedy; nor shall it affect the right of either party to enforce such provision thereafter. C. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. D. Severability. If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity of all other provisions hereof shall in no way be affected thereby. E. Force Maieure. In the event that performance by either party of any of its obligations or undertakings under this Agreement shall be interrupted or delayed by any occurrence not occasioned by the conduct of either party hereto, whether such occurrences be an act of God such as lightning, earthquakes, floods or other like causes, or the act or conduct of any person or persons not a party to or under the direction or control of a party hereto, then such performance shall be excused for such period of time as is reasonablenecessary after such occurrence to remedy the effects thereof. C.3 Buford Goff and Associates Page 5 of 8 F. Entire Agreement. This Agreement(along with the Statement of Work, which is incorporated herein) constitutes the entire agreement between the parties and supersedes all previous agreements and understandings relating to the subject matter hereof. In WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized representatives as of the date first written above. Buford Goff and Associates, Inc. City of Fayetteville By: By: (Mayor) T' e: Attest: Date: /�S/// By: Sondra E. Smith, City Clerk/Treasurer C.3 Buford Goff and Associates Page 6 of 8 Exhibit A Statement of Work Scope of Work: In support of the City of Fayetteville's (City) Project 25 Radio System implementation, Buford Goff & Associates, Inc. (BGA) will perform the following work: 1. Lead and facilitate regularly scheduled (weekly and ad hoc) project status meetings and teleconferences with the City and Motorola and prepare/distribute meeting action items and notes. 2. Participate in designated meetings and final performance and acceptance tests as directed by the City's Project Manager. 3. Conduct a review of the detailed design documents and plans to include sites, towers, facilities, trunked radio system (infrastructure, remote site electronics, dispatching, subscriber equipment), microwave backbone, and test plans. 4. Participate in Contract Design Review (CDR) meetings and teleconferences with the City and Motorola to resolve all issues and complete the CDR. 5. Ensure that Motorola meets the requirements in the Contract between the City and Motorola for the System to include: a. Project schedule monitoring and analysis to include viability and credibility as well as resource allocations for City personnel. b. Monitoring and reviewing technical changes to the Contract in accordance with the procedures outlined in the contract. c. Reporting as to the compliance, non-compliance, and/or deficiencies discovered. d. Analyzing each system and/or subsystem final test results to validate that Motorola is providing a system that conforms to contract requirements. e. Providing an on-site evaluation of test results and prepare a report noting all deficiencies. f. Monitoring Motorola's adherence to applicable federal and state requirements. g. Reviewing coverage test plans and results for the implemented system. 6. Verify in writing to the City's Project Manager that all contract requirements have been satisfied and that all deficiencies identified to Motorola at the time of Final System Acceptance have been resolved. Term: The term for this work is twelve (12) months commencing upon the project kick-off meeting (February 2011) and concluding with final system acceptance (January 2012). C.3 Buford Goff and Associates Page 7 of 8 Costs: BGA will perform this work on a fixed fee labor and estimated expense basis as follows. Fixed Fee Labor Cost - $199,440 Estimated On-Site Support/Inspections (as required) - $20,265 (Includes estimated travel expenses, subsistence, and personnel travel time for seven trips to Fayetteville) Invoices and Payment: BGA will prepare and submit twelve (12) monthly invoices for labor and any costs associated with requested on-site support/inspections as follows: Twelve (12) equal monthly invoices for Labor- $16,620, plus; Actual Costs for any On-Site Support/Inspections (Actual Cost for travel expenses, subsistence, and personnel travel time to Fayetteville) Each invoice will include a summary of labor performed for the period and detailed actual costs for any on-site support/inspections. Upon receipt of a satisfactory form of invoice, the City will make payment to BGA within thirty (30) days. Changes: The City or BGA may request changes to the Statement of Work or Terms and Conditions of this agreement. If a requested change causes an increase or decrease in the cost or time required to perform this agreement, the parties will agree to an equitable adjustment of the cost, term (schedule), or both, and will reflect the adjustment in a change order to this agreement. The City and BGA are not obligated to perform requested changes unless both parties execute a written change order.