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HomeMy WebLinkAboutOrdinance 5382 ORDINANCE NO. 5382 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 WHEREAS, the City desires to retain the services of a consultant to advise it related to the implementation of the City's Motorola radio project, and WHEREAS, Buford Goff and Associates works with the State of Arkansas on its AWIN project and has done so since 1999, and WHEREAS, the City desires its radio system to completely interface with the AWIN system, and WHEREAS, an agreement with Buford Goff and Associates to serve as the City's consultant would allow the City to take advantage of Buford Goff's unique knowledge of the AWIN system, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves 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 APPROVED this 18th day of January, 2011. 'F"pin `v.,`G� a...... . APPROVED: ATTEST: -V Y OF cU° a :FAYETTEVILLE By By: C 2 9RAN`�QS' I NELD JO N, Mayor SOND E. SMITH, City Clerk/Treasu�' ,�/ c—'-- 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 — Scope 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. 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, 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 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 Majeure. 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 reasonable necessary after such occurrence to remedy the effects thereof. 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. Mayo Ti e: Attest: Date: /1.S// By: Sondra E. Smith, City Clerk/Treasurer c ;FAYETIEVILLE; ���uuuw�aeei` 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). 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. , 1. iro® CERTIFICATE OF LIABILITY INSURANCE 115E 2IODIYYVY) �--� 1i5i2oll THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sheila Gartman NAME: _ Theodore & Associates Insurance .-ND.-EAI. (803)799-9979 F/C No:(803)999-2757 1700 Laurel Street -MAL P. 0. BOX 6727 PRODUCER 00003148 Columbia SC 29260 INSURER(S)AFFORDING COVERAGE_ NAIC#__ INSURED INSURER A:Hartford Casualtv Insco 29424 _ INSURER B:THE HARTFORD BUFORD GOFF AND ASSOCIATES, INC. INSURER c:Hartford Fire Insura_n_c_e_ Co 19682 1331 ELMWOOD AVE. INSURER D. INSURER E: COLUMBIA SO 29201 INSURER F: COVERAGES CERTIFICATE NUMBER:2010-2011 CORRECT REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN6R ADDLSUER POLICYEFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES IEa occurrence) $ 300,000 A _ CLAIMS-MADE1XI OCCUR 2SBADU4523 8/3/2010 8/3/2011 MEDEXP An one erson S 10,000 _ PERSONAL&ADVINJURY_ $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGO S 4,000,000 X POLICY M PRO- JECT RO LOCI IS AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT JX ANY AUTO (Ea accident) $ 1,000,000 BALL OWNED AUTOS 2VECNN6158 8/3/2010 8/3/2011 BODILY INJURY(Per person) $ SCHEDULED AUTOSBODILY INJURY(Per accident) $PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS Uninsured motorist combined $ 1,000,000 00 Underinsured motodsl S 1,000,000 X UMBRELLA LIAR _ OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE S 1,000,000 DEDUCTIBLE 5 A X RETENTION S 10,000 1 P2SEfQDU4523 8/3/2010 8/3/2011 $ L. WORKERS COMPENSATION WC 6TATD- OTH- ANDEMPLOYERS'LIABILITY YINI IM ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT S 11000,000 OFFICERIMEMBER EXCLUDED? N I A (Mandatory in NH) 221NMCAA9642 8/3/2010 8/3/2011 E.L.DISEASE-EA EMPLOYEE 1,000,000 If ¢s,tlescdba under low E.L.DISEASE POLICY LIMIT $ 11000,000 be DESCRIPTION OF OPERATIONS DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fayetteville Police Department ACCORDANCE WITH THE POLICY PROVISIONS. ATT: Kathy Stocker, Dispatch Manager 100 W. Rock Street AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 Sheila Gartman ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 1/18/2011 City Council Meeting Date Agenda Items Only Chief Tabor Police Police Submitted By Division Department Action Required: Approve an ordiance waiving the requirements of formal competitive bidding and award a contract to Buford Goff and Associates for consulting services. Buford Goff and Asociates will provide consulting services for the City's Radio Project in the amount of$199,440 plus on-site monitoring $20,265. $219,705 $6,318,000 Simulcast Radio System Cost of this request Category/Project Budget Program Category/Project Name 4470-9470-5314.00 $ 5,759,471.00 Account Number Funds Used to Date Program/Project Category Name 08076 $ 558,529.00 Various Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Dep Date Original Contract Date: Original Contract Number: Corney Date `W ()L I -5-2011 0 1-04- 1 Finance and Internal Services Director Date Received in City Clerk's Office (j Y- �° 5 W[te �i in[tfl �CtV )04L�� f— �—/r ol� t�_�o Chie Sta _ Date EN qEf ,, c Received in S Mayor's Office / ay r D to Co men 4S a �i % /1 ^ Ii S M �•+ M GDl'Yr� CVRD F�If i+, Revised January 15,2009 TayZ UM611e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan and Members of the Fayetteville City Council Thru: Greg Tabor, Chief of Police G �J x- From: Kathleen Stocker, Dispatch Managers Date: January 3, 2011 Subject: Consulting Services for City of Fayetteville Radio Project PROPOSAL: Approve an ordinance waiving the requirements of formal competitive bidding and award a contract to Buford Goff and Associates (BGA) for consulting services. BGA will provide consulting services for the City's Radio Project utilizing a fixed fee labor cost in the amount of$199,440 plus $20,265 for on-site support and inspections. RECOMMENDATION: Award the contract to Buford Goff and Associates for consulting services. Buford Goff and Associates has worked with the State of Arkansas on the AWIN project since 1999. Their involvement included the initial assessment that recommended a Statewide trunking solution to meet the needs of State agencies and beyond. At the end of 2003, the State executed a contract with BGA for Project Management, Quality Assurance and Engineering services in the planning and implementation of AWIN. BGA has since been under continuous agreements with the State including the present time. We believe BGA's extensive work with AWIN has given them unique knowledge of this system. The pricing for this contract has followed the State's procurement guidelines. BUDGETIMPACT: The radio project contingency will be used for this contract. ORDINANCE NO. 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 WHEREAS, the City desires to retain the services of a consultant to advise it related to the implementation of the City's Motorola radio project, and WHEREAS, Buford Goff and Associates works with the State of Arkansas on its AWIN project and has done so since 1999, and WHEREAS, the City desires its radio system to completely interface with the AWIN system, and WHEREAS, an agreement with Buford Goff and Associates to serve as the City's consultant would allow the City to take advantage of Buford Goff's unique knowledge of the AWIN system, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves 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 APPROVED this 181h day of January, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer