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HomeMy WebLinkAboutOrdinance 5328 ORDINANCE NO. 5328 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH ASSOCIATED TIME AND PARKING CONTROLS IN THE AMOUNT OF $810,974.00 FOR THE PURCHASE OF ACCESS AND REVENUE CONTROL EQUIPMENT FOR THE ENTERTAINMENT DISTRICT PARKING PROGRAM, APPROVING A PROJECT CONTINGENCY OF$11,153.00,AND APPROVING A BUDGET ADJUSTMENT OF $774,335.00 WHEREAS, the Parking Management Division currently has an investment of over $200,000.00 in an access and count monitoring system manufactured by Amano McGann and Digital Systems; and WHEREAS,the system was recently upgraded to accommodate growth on the city-owned parking decks in the Downtown Core and can be used to accommodate growth in the Entertainment District; and WHEREAS,integration of the proposed equipment with current City equipment is crucial; and WHEREAS, the proposed equipment to be provided by Associated Time and Parking Controls is fully compatible with the existing Amano McGann system currently utilized by the City, and will save the City money. 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 that an exceptional situation exists in which formal competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal 1 Page 2 Ordinance No. 5328 competitive bidding and approves a contract with Associated Time and Parking Controls in the total amount of $810,974.00 for the purchase of access and revenue control equipment for the Entertainment District Parking Program. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of$11,153.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance as Exhibit"A" and incorporated herein as if set out word for word, in the amount of$774,335.00. PASSED and APPROVED this 1 s'day of June, 2010. APPROVED ATTEST: d ByJ By: LIO ELD J ,Mayor SONDRA E. SMITH, City Clerk/Treasurer {{{{91Y11PPpp o m 0V® awe FAYETTEVILLE m %OT T0�/{G ee°` 2 City of Fayetteville,Arkansas Budget Adjustment Form Budget Year Department: Transportation Services Request Date Adjustment Number 2010 Division: Parking &Telecommunications 5/7/2010 Program: Off-Street Parking JUSTIFICATION TO INCREASE PROJECT/ITEM: These funds will be used to purchase and install parking system equipment and revenue control systems to implement the Entertainment District Parking Program. Actual cost of the equipment, including sales tax, is $699,439. Actual cost for installation, programming, training, warranty, infrastructure and project management is $111,535.A 10%contingency of$11,153 was added to this amount to cover unforeseen circumstances for the preparation of the properties. The total Contract cost is$810,974 plus a contingency of$11,153;there is currently$47,792 already budgeted in the CIP for this project, leaving a remainder of$774.335 needed for funding. JUSTIFICATION TO DECREASE PROJECT/ITEM (OR RECOGNIZING REVENUE): The$77,397 from Parking Facility Fees were collected as in lieu fees to be used for on-site parking facilities per UDC Chapter 156.02 to be used for public parking facilities. The$696,938 from Use of Fund Balance will be funded through the Disaster Replacement and Recovery Fund and paid back to the fund over time(within a 24 month period). Increase Decrease Project.Sub Account Name Account Number Budget Budget Number Parking Lot Improvements 2130.9130.5819.00 774,335 10024 1 Parking Facility Fees 2130.0913.4428.00 77,397 10024 1 Use of Fund Balance 2130.0913.4999.99 696,938 EXHIBIT TOTAL 774,335 774,335 Requested By Division ad Date kspringer Budget& Research Use Only dget Director Date Type: A B C __D) E /0 Description: Departme t irectorcc Date 0 �J of J . '13"2.Ot O General Ledger Date Finan a Director Date Posted to General Ledger Chi fStaff Date Initial Date c Posted to Project Accounting ayor D to Initial Date C:\Documents and Settings\scrosson\Desktop\2010 Parking Project\BAForm for Equipment City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/1/2010 City Council Meeting Date Agenda Items Only Sharon Crosson Parking Management Transportation Services Submitted By Division Department Action Required: An Ordinance waiving the requirements of formal competitive bids and approving the purchase of access and revenue control equipment from Associated Time and Parking Controls in the amount of$810,974.00; approving a project contingency of$11,153.00; and approving a budget adjustment in the amount of$774,335.00 for same. $ 822,127.00 $ 47,792.00 Entertainment Dist. Parking Program Cost of this request Category/Project Budget Program Category/Project Name 2130.9130.5819.00 $ - Account Number Funds Used to Date Program/Project Category Name 10024-1 $ 47,792.00 Off-Street Parking Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached —/p Previous Ordinance or Resolution# Departmen irector Date Original Contract Date: S-13Original Contract Number: omey U Date (Poi-ul (:� - 4a"'— !;-13-74 to Finance and Internal Services Director Date Received in City Clerk's Office ell 0 Chef of Staff Date ENT Received in , • Mayor's OfficeOF „ �... s ayor e Comments: Revised January 15,2009 iOl T1 le ra IV V1 THE CITY OF FAYETTEVILLE,ARKANSAS 1 DEPARTMENT CORRESPONDENCE ARKANSAS . . CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Terry Gulley, Director of Transportation From: Sharon Crosson, Parking and Telecom Manager Date: May 7,2010 Subject: An Ordinance Waiving the Requirements of Formal Competitive Bids and Approving the Purchase of Access and Revenue Control Equipment for the Entertainment District Parking Zone in the Amount of$810,974.00; Approving a Project Contingency of$11,153.00; and Approving a Budget Adjustment in for$774,335.00 PROPOSAL: City staff is recommends the approval of a bid waiver and the purchase of parking access and revenue control equipment from Associated Time and Parking Controls. This equipment is for the implementation of the new Entertainment District Parking Program. RECOMMENDATION: In 2005, through formal competitive bids, the Parking Management Division converted all the parking access and revenue control equipment to the Amano McGann and Digital Systems with Associated Time and Parking Controls. This system was recently upgraded in 2009 to accommodate growth on the city owned parking decks and parking lots in the downtown area and can be used to accommodate the growth in the Entertainment District. We currently have over$200,000.00 invested in this equipment and could be very costly to the City if we bid out the new equipment and had to change out our current equipment, software, servers, etc. The City uses this integrated system to monitor and control all parking lots in the downtown area; the total integration of the entire system between both districts is crucial. The City is completely satisfied with the existing product and support. It makes sense to grow the existing system as there are economies that will be realized. The parking consultant hired by the City of Fayetteville also compared pricing with other vendors and negotiated pricing with manufacturers to get the best price possible on the equipment. BUDGET IMPACT: The total purchase price of the equipment, including sales tax is $699,439.00. The cost for installation, programming, training, warranty, infrastructure and project management is $111,535.00. A 10% contingency of$11,153.00 was added for the latter in case there are unforeseen expenses in preparation of the property for installation. This purchase will be funded by current budgeted Parking Lot Improvement Funds of$47,792.00 in the CIP, Parking Facility Fees of$77,397.00 and the remaining $696,938 to be funded through the Disaster Replacement and Recovery Fund and will be paid back to the fund within a 24 month period. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY Liz DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council Paul Becker, Finance Director CC: Terry Gulley, Transportation Services Director Sharon Crosson, Parking & Telecommunications Manager Kit Williams Cit -� �..._.._...N.,.. FROM y Attorney DATE: May 13, 2010 RE: Amount of requested Budget Adjustment for "Access and Revenue Control Equipment" (Electronic payment and gate control) Specifically excluded from the $810,974.00 (plus $11,153.00 contingency) contract with Associated Time and Parking Controls, Inc. are other necessary costs. For example, the contract states that the "City is responsible for all Civil and Electrical Work," and "data infrastructure back to the current Amano McGann Server." I do not believe that those expenses are shown or included within the Budget Adjustment for this project. It may be that Transportation or Parking is planning to use their budgets for this expense, but if not, the Budget Adjustment might need to be increased for these expenses. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A CONTRACT WITH ASSOCIATED TIME AND PARKING CONTROLS IN THE AMOUNT OF $810,974.00 FOR THE PURCHASE OF ACCESS AND REVENUE CONTROL EQUIPMENT FOR THE ENTERTAINMENT DISTRICT PARKING PROGRAM, APPROVING A PROJECT CONTINGENCY OF $11,153.00, AND APPROVING A BUDGET ADJUSTMENT OF $774,335.00 WHEREAS,the Parking Management Division currently has an investment of over $200,000.00 in an access and count monitoring system manufactured by Amano McGann and Digital Systems; and WHEREAS,the system was recently upgraded to accommodate growth on the city- owned parking decks in the Downtown Core and can be used to accommodate growth in the Entertainment District; and WHEREAS,integration of the proposed equipment with current City equipment is crucial; and WHEREAS, the proposed equipment to be provided by Associated Time and Parking Controls is fully compatible with the existing Amano McGann system currently utilized by the City, and will save the City money. 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 that an exceptional situation exists in which formal competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract with Associated Time and Parking Controls in the total amount of $810,974.00 for the purchase of access and revenue control equipment for the Entertainment District Parking Program. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of$11,153.00. 1 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment,a copy of which is attached to this Ordinance as Exhibit"A" and incorporated herein as if set out word for word, in the amount of$774,335.00. PASSED and APPROVED this 1St day of June, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer 2 CONTRACTUAL AGREEMENT This contract executed this 12th day of May, 2010, by and between ASSOCIATED TIME AND PARKING CONTROLS and the CITY OF FAYETTEVILLE,Arkansas. In consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. Terms and Conditions: ASSOCIATED TIME AND PARKING CONTROLS at its own cost and expense shall furnish all labor, materials, supplies,machinery, equipment,tools, supervision, bonds, insurance, tax permits, and all other accessories and services necessary to complete items per proposal dated May 7,2010 ,and in accordance with specifications attached hereto and made a part hereof, all included herein as if spelled out word for word. ASSOCIATED TIME AND PARKING CONTROLS agrees that all of the equipment purchased by the City of Fayetteville and installed by ASSOCIATED TIME AND PARKING CONTROLS will be new equipment that functions properly and as advertised and represented by ASSOCIATED TIME AND PARKING CONTROLS. ASSOCIATED TIME AND PARKING CONTROLS further agrees that its installation of this equipment shall be done in a good, workmanlike manner and that its duty to properly install all such equipment will not be complete and accomplished until final testing by the City of Fayetteville confirms that all components are working properly, performing all necessary or represented tasks and functioning together pursuant to all terms and conditions of the Parking and Revenue Control System Proposal and Attachment A. 2. Payment Terms: The City of Fayetteville shall pay $ 810,974.00 based on the proposal. The City of Fayetteville shall pay a 33% deposit upon submittal of signed and accepted contract and order, 34% payment upon system delivery, and the remaining 33% payment upon completion of the project dnd upon approval and acceptance of work and submission of invoice. Each payment will be made approximately thirty (30) days after receipt of invoice(s). 3. Proposal Document: The Contract documents which comprise the contract between the City of Fayetteville and ASSOCIATED TIME AND PARKING CONTROLS consist of this Contract and the following documents attached hereto,and made a part hereof. a. System Proposal from ASSOCIATED TIME AND PARKING CONTROLS identified as PARKING REVENUE CONTROL SYSTEM PROPOSAL dated May 7,2010 with the specifications and conditions typed thereon. b. ATTACHMENT A from ASSOCIATED TIME AND PARKING CONTROLS with the specification and conditions typed thereon. 4. Entirety: These Contract documents constitute the entire agreement between the City of Fayetteville and ASSOCIATED TIME AND PARKING CONTROLS and may be modified only by a duly executed written instrument signed by the City of Fayetteville and ASSOCIATED TIME AND PARKING CONTROLS. 5. Assignment: ASSOCIATED TIME AND PARKING CONTROLS shall not assign its duties under the terms of this agreement. 6. Hold Harmless: ASSOCIATED TIME AND PARKING CONTROLS agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, against any and all claims for property damage, personal injury of death, arising from ASSOCIATED TIME AND PARKING CONTROLS performance of this contract. This clause shall not in any form or manner be construed to waive that tort immunity set forth under Arkansas Law. 7. Insurance: ASSOCIATED TIME AND PARKING CONTROLS shall furnish a certificate of insurance addressed to the City of Fayetteville, showing that it carries the following insurance which shall be maintained throughout the term of the Contract. For any work sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, ASSOCIATED TIME AND PARKING CONTROLS shall provide and shall cause each Subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. Workmen's Compensation Statutory Amount Comprehensive General&Automobile Insurance Bodily Injury Liability $500,000 for each person injured $1,000,000 for each accident Property Damage Liability $1,000,000 aggregate. The premiums for all insurance required herein shall be paid by ASSOCIATED TIME AND PARKING CONTROLS. 8. Licensing: ASSOCIATED TIME AND PARKING CONTROLS shall furnish proof of licensure as required by all local and state agencies. 9. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 10. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope,cost or fees. 11. Jurisdiction: Legal jurisdiction to resolve any disputes must be Arkansas with Arkansas Law applying to the case. 12. Venue: Venue for any legal dispute should be Washington County,Arkansas. 13. Construction: ASSOCIATED TIME AND PARKING CONTROLS shall ensure that the City of Fayetteville receives lien waivers from all material suppliers, subcontractors and sub-subcontractors and before work begins on the project. IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the date first above written. CITY OF FAYETTEVILLE, FAYETT VILLE,ARKANSAS I LD JO , Mayor Attest: Sondra Smith,City Clerk �e�sptrrrrrrry�o k%OCA }t ��wtw ��t4c,►lc. (�c,,rfQol.S ,��,°CITY CONTRACTOR (� o FAYETTEVILLE e SIGNA RE %9s'9�4'kANS�'- BY Name and Title A es : Compa reta 9104 WLomtff 'Po Business Address Associated Time & Parking Controls 7-May-10 City of Fayetteville C/O Chris Pecoraro The Parldng Consultants 372 S Eagle Rd Suite 333 Eagle,Idaho 83616 Tel: 208-939-PARK Email: chnsftheparldngconsultants.com PAR CUVG REVENUE CONTROL SYSTEM PROPOSAL NEW PARKVVG REVENUE CONTROL SYSTEM WTTH ONE FULL SERVICE IN--LANE EXIT STATION HOTEL TERMINAL WITH MARRIOTT INTERFACE MAIN OFFICE LOCATION Qty Mfr. Model Description List Each List Ext. 1 IBM PCSRVAMI Amano McGann Application Workstation $6,370 $6,370 Computer with Pentium or Xeon dual core processor,2-GB RAM,(2)80GB Hard drives in RAID-1 configuration with hardware controller Suitable number of serial ports using native ports,or Comtrol Rocketport models 99343-8 or 99344-5 Windows Server 2003 std.edition Microsoft SQL 2005 1 IBM PCWKSCC Windows XP Professional AmanoCharge $5,141 $5,141 Workstation with KVM Switch,UPS back up, and remote support software. 1 AMI AMS1156IP Iparc Professional Revenue Software. $9,600 $9,600 Interfaces AGP5000 fee computers with database reporting module and communicates with AMG2000,AMG4000,AGP2000,ETP 12/22,AGP6000, AGP7000.(devices are to be specified prior to ordering) Reports include: transaction,parking fee,general totals, attendant totals,daily revenue,ticket type, ticket revenue,revenue summary, sign/on/off,alarms,entry/exit time,duration of stay and SQL.This software includes ticket- trackine.. 1 AMI AMS4355LIP Amano McGann IParcProfessional for Debit $2,050 $2,050 Access w/AMS reconfriguration 1 AMI AMS7250LIP Amano McGann IParcProfessional Count $1,000 $1,000 Monitor Facility License Fee 1 AMI AMS7050RC Amano McGann IParcProfessional Count $3,000 $3,000 Monitor Reconfriguration 1 AMI AGP-9400/A714 AmanoCharge Server CD with Workstation, $6,000 $6,000 ADS LINK.Includes:1 Server Application,1 Workstation Application with security key,+ 1 Time Initial Setup City of Fayetteville Page 1