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HomeMy WebLinkAbout2017-07-18 - Agendas - FinalCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Meeting Agenda - Final Agenda Tuesday, July 18, 2017 5:30 PM City Hall Room 219 City Council Meeting Adella Gray Ward I Sarah Marsh Ward 1 Mark Kinion Ward 2 Matthew Petty Ward 2 Justin Tennant Ward 3 Sarah Bunch Ward 3 John S. La Tour Ward 4 Alan Long Ward 4 ELECTED OFFICIALS: Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Sondra Smith City Council Meeting Meeting Agenda - Final Agenda July 18, 2017 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2017-0323 2016 AUDIT REPORT - PAUL BECKER Agenda Additions: A. Consent: A. 1 2016-0579 APPROVAL OF THE JULY 6, 2017 CITY COUNCIL MEETING MINUTES. A.2 2017-0334 FAYETTEVILLE POLICE DEPARTMENT AMMUNITION: A RESOLUTION TO APPROVE THE PURCHASE OF AMMUNITION AS NEEDED BY THE FAYETTEVILLE POLICE DEPARTMENT FROM VARIOUS MANUFACTURERS, PURSUANT TO THE STATE OF ARKANSAS AMMUNITION CONTRACT, THROUGH JANUARY 22, 2018 AND AS RENEWED BY THE STATE FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS Attachments: FAYETTEVILLE POLICE DEPARTMENT AMMUNITION City of Fayetteville, Arkansas Page 2 Printed on 7/12/2017 City Council Meeting Meeting Agenda - Final Agenda July 18, 2017 A. 3 A. 4 A. 5 IM'7_nztiQ RUPPLE MEADOWS SUBDIVISION STREET IMPROVEMENTS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $72,321.00 AS THE DEVELOPER'S SHARE TO WIDEN RUPPLE ROAD, INSTALL STORM WATER DRAINAGE AND CONSTRUCT A TRAIL AT THE TOTAL COST OF $143,973.20 Attachments: RUPPLE MEADOWS SUBDIVISION STREET IMPROVEMENTS BA RUPPLE MEADOWS SUBDIVISION STREET IMPROVEMENTS 2017-0370 SPECIAL NEEDS ASSISTANCE PROGRAM (SNAP) GRANT: A RESOLUTION TO APPROVE THE RENEWAL OF FOUR SPECIAL NEEDS ASSISTANCE PROGRAM GRANT AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE TOTAL AMOUNT OF $305,348.00 FOR THE CITY TO ADMINISTER PROGRAMS TO ASSIST HOMELESS FAYETTEVILLE RESIDENTS, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: SPECIAL NEEDS ASSISTANCE PROGRAM (SNAP) GRANT BA SPECIAL NEEDS ASSISTANCE PROGRAM (SNAP) GRANT 2017-0355 KIMBEL MECHANICAL SYSTEMS, INC.: A RESOLUTION TO APPROVE AND CERTIFY THE PARTICIPATION OF KIMBEL MECHANICAL SYSTEMS, INC. IN THE ARKANSAS TAX BACK PROGRAM AND TO AGREE TO AUTHORIZE THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION TO REFUND CITY SALES TAX BACK TO KIMBEL MECHANICAL SYSTEMS, INC. FOR QUALIFIED PURCHASES Attachments: KIMBEL MECHANICAL SYSTEMS, INC. City of Fayetteville, Arkansas Page 3 Printed on 7/12/2017 City Council Meeting Meeting Agenda - Final Agenda July 18, 2017 A.6 2017-0380 TAXIWAY B WIDENING AND REHAB GRANT OFFER: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO ACCEPT A 90/10 MATCHING GRANT FROM THE FEDERAL AVIATION ADMINISTRATION TO PROVIDE FUNDING IN THE AMOUNT OF $137,520.00 FOR THE TAXIWAY B WIDENING AND REHABILITATION PROJECT AT DRAKE FIELD, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: B. Unfinished Business: B.1 2017-0335 TAXIWAY B WIDENING AND REHAB GRANT OFFER BA TAXIWAY B WIDENING AND REHAB GRANT OFFER RZN 17-5803: (E. OF OLD MISSOURI RD. & ROLLING HILLS DR. KEENAN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5803 FOR APPROXIMATELY 10.86 ACRES LOCATED EAST OF THE INTERSECTION OF OLD MISSOURI ROAD AND ROLLING HILLS DRIVE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD SERVICES, GENERAL Attachments: RZN 17-5803 (E. OF OLD MISSOURI RD. & ROLLING HILLS DR./ KEENAN) ADDITIONAL RZN 17-5803 E. OF OLD MISSOURI RD. & ROLLING HILLS DR. KEENAN At the July 6, 2017 City Council Meeting this ordinance was was left on the first reading. C. New Business: City of Fayetteville, Arkansas Page 4 Printed on 7/12/2017 City Council Meeting Meeting Agenda - Final Agenda July 18, 2017 C. 1 C. 2 C. 3 Nni 7 -MAI BOSTON MOUNTAIN SOLID WASTE DISTRICT: A RESOLUTION TO APPROVE A ONE YEAR CONTRACT WITH THE BOSTON MOUNTAIN SOLID WASTE DISTRICT IN THE AMOUNT OF $36,790.00 WITH AUTOMATIC RENEWALS FOR UP TO FIVE ADDITIONAL ONE YEAR TERMS BASED ON A RATE OF FIFTY CENTS PER RESIDENT PER YEAR FOR SOLID WASTE SERVICES PROVIDED TO THE CITY OF FAYETTEVILLE AS A MEMBER OF THE DISTRICT Attachments: BOSTON MOUNTAIN SOLID WASTE DISTRICT 2017-0361 RZN 17-5837 (521 N. SHADY AVE./WCR DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5837 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 521 NORTH SHADY AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION Attachments: RZN 17-5837 (521 N. SHADY AVE./WCR DEVELOPMENT) 2017-0366 WALTON FAMILY FOUNDATION GRANT AGREEMENT: A RESOLUTION TO THANK THE WALTON FAMILY FOUNDATION, TO APPROVE THE GRANT AGREEMENT WITH THE WALTON FAMILY FOUNDATION IN THE AMOUNT OF UP TO $1,361,428.00 AS A 50150 MATCHING GRANT FOR THE CONSTRUCTION OF A MODEL TWO-WAY CYCLE TRACK ALONG OLD WIRE ROAD AND TO APPROVE A BUDGET ADJUSTMENT Attachments: WALTON FAMILY FOUNDATION GRANT BA WALTON FAMILY FOUNDATION GRANT City of Fayetteville, Arkansas Page 5 Printed on 7/12/2017 City Council Meeting Meeting Agenda - Final Agenda July 18, 2017 C.4 2017-0329 POSITION CONTROL INCREASE: A RESOLUTION TO AUTHORIZE THE ADDITION OF 1.0 FULL TIME EQUIVALENT POSITION TO THE POLICE DEPARTMENT TO PROVIDE A SECOND CRIME SCENE TECHNICIAN, 2.0 FULL TIME EQUIVALENT POSITIONS TO THE RECYCLING & TRASH COLLECTION DIVISION TO PROVIDE TWO ROUTE DRIVERS, AND A TEMPORARY PART TIME POSITION IN THE FINANCE & INTERNAL SERVICES DEPARTMENT, AND TO APPROVE A BUDGET ADJUSTMENT Attachments: POSITION CONTROL INCREASE BA POSITION CONTROL INCREASE D. City Council Agenda Session Presentations: D. 1 2017-0330 AGENDA SESSION PRESENTATION AUDIT COMMITTEE REPORT - MICHAEL WHITE E. City Council Tour: 4:00 PM July 17, 2017 City Hall F. Announcements: G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment then queue behind the podium. When the Mayor or Chair recognizes you, approach the podium and give your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn at the microphone for discussion of an agenda item. Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. City of Fayetteville, Arkansas Page 6 Printed on 7/12/2017 City Council Meeting Meeting Agenda - Final Agenda July 18, 2017 Unfinished Business and New Business: Presentations by Staff and Applicants: Agenda items shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a City Council member later to answer questions. City staff, City Council members, and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. Public Comments: Public comment shall be allowed for all members of the audience on all items of unfinished and new business and subjects of public hearings. A simple majority of the City Council members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the ordinance or resolution to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed; however, the public may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the City Clerk's Office no later than 9:00 A.M. on the day of the City Council meeting. Any member of the public shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously either to the City Council or to the Planning Commission when those Planning Commission minutes have been provided to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any particular member of the City Council. No person other than the City Council member and the person having the floor shall be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an Alderman or city staff member except through the Mayor. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Interpreters or Telecommunications Devise for the Deaf (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 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479) 575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 7 Printed on 7/12/2017 City of Fayetteville, Arkansas Text File File Number: 2017-0323 Agenda Date: Version: 1 In Control: City Council Meeting Agenda Number: 1 2016 AUDIT REPORT - PAUL BECKER 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Agenda Ready File Type: Report City of Fayetteville, Arkansas Page 1 Printed on 711212017 City of Fayetteville, Arkansas Text File File Number: 2016-0579 Agenda Date: 7/18/2017 Version: 1 In Control: City Council Meeting Agenda Number: A. 1 APPROVAL OF THE JULY 6, 2017 CITY COUNCIL MEETING MINUTES. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Agenda Ready File Type: Minutes City of Fayetteville, Arkansas Page 1 Printed on 711212017 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0334 Agenda Date: 7/18/2017 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 FAYETTEVILLE POLICE DEPARTMENT AMMUNITION: A RESOLUTION TO APPROVE THE PURCHASE OF AMMUNITION AS NEEDED BY THE FAYETTEVILLE POLICE DEPARTMENT FROM VARIOUS MANUFACTURERS, PURSUANT TO THE STATE OF ARKANSAS AMMUNITION CONTRACT, THROUGH JANUARY 22, 2018 AND AS RENEWED BY THE STATE FOR UP TO FOUR ADDITIONAL ONE YEAR TERMS 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 purchase of ammunition as needed by the Fayetteville Police Department from various manufacturers, pursuant to the State of Arkansas ammunition contract, through January 22, 2018 and as renewed by the State for up to four additional one year terms. City of Fayetteville, Arkansas Page 1 Printed on 7/12/2017 City of Fayetteville Staff Review Form 2017-0334 Legistar File ID 7/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Greg Tabor 6/19/2017 Police / Police Department Submitted By Submitted Date Division / Department Action Recommendation: Authorization to utilize state contract SP -15-0032 through January 22, 2018 and as renewed under existing agreements by the State of Arkansas, for ammunition purchases from multiple manufacturers on an as needed basis for use by the Fayetteville Police Department. This is a term contract currently in the second of six possible renewals. The contract may be renewed on a year-to-year basis, for up to four (4) additional one (1) year terms or a portion thereof. In no event shall the total contract term be more than seven (7) years. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title D V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 06, 2017 TO: Mayor and City Council FROM: Greg Tabor, Chief of Police DATE: June 16, 2017 vv CITY COUNCIL MEMO SUBJECT: Approval of utilization of state contract SP -15-0032 RECOMMENDATION: Authorization to utilize state contract SP -15-0032 through January 22, 2018 and as renewed under existing agreements by the State of Arkansas, for ammunition purchases from multiple manufacturers on an as needed basis for use by the Fayetteville Police Department. This is a term contract currently in the second of six possible renewals. The contract may be renewed on a year-to-year basis, for up to four (4) additional one (1) year terms or a portion thereof. In no event shall the total contract term be more than seven (7) years. BACKGROUND: The ammunition contracts were bid through the Department of Finance and Administration, Office of State Procurement and may be utilized by all state agencies and cooperative participants including cities, counties, schools (K-12), colleges and universities to carry out those inherent duties related to their jobs. Contract SP -15-0032 was awarded to multiple ammunition manufacturers. All purchases and invoices resulting from these contracts will be made through the authorized dealer. Prices quoted are per thousand round. Prices quoted do not include any federal excise taxes. DISCUSSION: The Fayetteville Police Department primarily purchases from the Gulf States Distributors, Inc. for ammunition purchases; therefore, details of that portion of the contract have been provided. Similar state contracts have been approved for use by City Council including the WEX Fuel Card, copier purchases, tires, information technology items, and furniture. BUDGET/STAFF IMPACT: All purchases associated with this state contract will be subject to budgeted funds within the approved 2017 operating budget. There is no staff impact related to this item. Attachments: State Contract SP -15-0032 Pricing for all manufacturers State Contract SP -15-0032 Contract Terms for Gulf States Distributors, Inc. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Vendor No. 100145319 ContactTommy Trammell Your reference fSP-15.0032 STATE OF ARKANSAS GULF STATES DISTRIBUTORS INC PO Box 241387 . MONTGOMERY AL 36117 SenN.lnvnlrtr5 Trtx as. specified on Term Contract Shin Tn- GULF STATES DISTRIBUTORS INC 6000E SHIRLEY LN :MONTGOMERY: AL 36117 Contract No. 4600633839 Date 01/21/2015 Contact Timothy O'Brien Telephone 501-324-9320 Fax 501=324-93111 Ourref. ST Incoterms FOB DESTINATION Valid from: 01/23/2015 Valid to: 0 1/2 212 018 Page, 1/5 Reftence Tracking SP -15-0032 f' Commod7ty: ulf tate FEDERALAmmunitton This is a term contract issued by the office of State Procurement. This is not authority to ship. A separate purchase order will be issued;. This contract constitutes acceptance of your bid along with all terms and conditions therein and signNles the offerers knowledge and acceptance of all terms and conditions set forth within the Invitation for Bid. Type, of Contract. Term Contract; Period: January 23, 2017 through January 22, 2018_ The contract will be a one (1) year term contract from the date of award, Upon mutual agreement by the contractor and OSP, the contract may be renewed on a year-to-year basis, for up to four (4) additional one (i,) year terms or portion thereof. In no event shall the total contract term be more than seven (7) years. Tommy Trammell Manager Gulf States Distributors Inc. 6000 East Shirley Lane Montgomery At, 36117 800-223-7869 334-279-9267 Fax Contact Information Tim O'Brien, Statewide Procurement Specialist (P)501 -324-9320(F)501-324-9311 Timothy,O'Brien@dfa.arkansas.gov GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. Purchasing Official/Fiscal Officer 01./22/2015 STATE OF ARKANSAS Page 215 0 Term Contract Vendor No. 100145319 Contract No. 4600033839 contact Tommy Trammell Date 01/21/2015 Your reference SP -15.0032 Our reference ST Item Material/Description Target QtyUM Unit Price Amount 0001 10100063 3,000.00 LumprSum 1':00 $ 3,000.00 AMMUNITION,.38SPEC IAL, 130G RAI N,TG,50/I30X 0002 10100068 3,925.00 Lump Sum 1.00 $ 3;925.00 AMMUNITION,.9MM LUGER,124GRN,+P HP,25/BX - 0003 10100074 500.00 Lump Sum 1100 $500,00 AMMUNITION,:40S&W,165GRAIN,HP,25/BOX 0004 10126762 2,500;00 Lump Sum 1 i0o $ 2,500.00 AMMUNITION, 40 S&W ,180GR ,HP 0005 10100076 2,625.00 Lump Sum 1;00 $ 2,625.00 AMMUNITION,.45AUTO,230GRAIN,TC 50/BOX 0006 10100077 2,950.00 Lump Sum 1.00 $ 2;950.00 AMMUN ITION,.45AUTO,230GRAI N, HP;50/BOX 0007 10124523 2,500.00 Lump; Sum 1.00 $2,500.00 AMMUNITION,.223/5.56 ,55 GR BALLISTIC 0008 10124524 500:00 Lump Sum 1.00 $ 500:00 AMMUNITION,.223/5.56 ;62 GR TCMC 0009 10100081 3,000.00 Lump Sum 1,00 $3,000.00 AMM UN ITI ON,;223/5.56,62G RAIN, H P,20/BOX 0010 10100084 3,275.00 Lump Sum 1.00 $3,275.00 AMM UN ITION,.308,168G RAI N,HP,20/BOX 0011 10100085 3,600.00 Lump Sum 1.00 $ 3,600.00 AMMUN €TI ON;S KEET, N9,12GAUG E, HL,PH,25/BOX 0012 10100088 1,250.00 Lump Sum 1.00 $1,250.00 AMM UN ITI ON,B UCKSHOT,I2G, 9P,00BUGK,2-3/4" 0013 10100089 2,500.00 Lump Sum 1.00 $ 2,500.00 AMM UNITI O N,B UCKSHOT,12G,R R9P,2-3/4" GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the Slate of Arkansas apply to this document. STATE OF ARKANSAS''' Page 3(5 t� r Term Contract Vendor No. 100145319 Contract No. 4600033839 Contact Tommy Trammell Date 01/21/2015: Your reference SP -15-0032 Our reference ST Item Material/Description Target gtyUM Unit Price Amount 0014 101100090 1,500,00 Lump Sum 1;00 $1.500.00 AMMUNITION,BUCKS HOT,12G, RRSP,2-3/4" 0015 10100092 1,500.00 Lump Sum 1;00 $ 1,500.00' AMMUNITION,SLU68,12G,IOZ FOSTER,25/BOX 0016 10100067 3,000.00 Lump Sum 1,00 $ 3;000:00 AMMUNITION,.9MM LUGER,I24GRAIN,HP,25/BX 0017 10100071 3,000,00 Lump; Sum 1.00 $ 3,000.00 AMMUNITION,10MM SEMIAUT0,180GR,TC,50/BOX 0018 10100080 3,000,00 Lump Sum 1.00 $ 3;000.00 AMM UNITION,:223/5.56;55GRAIN; FM,50/BOX 0019 10126766 3.000:00 Lump Sum 1.00 $ 3,000,00 AMMUNITION, 223/5.56 62'GR,FULL METAL 0020 10126767 3,000 each 1.00 $ 3,000.00 AMMUNITION, 223/5.56 62'GR,SOFT POINT 0022 10100091 3,000,00 Lump Sum 11.00 $ 3,000,00 AMMUNITION,SLUGS 12G,1OZ HP;2-3/4';51BOX 0023 10100083 300.00 Lump Sum 1.00 $300.00 AM MUNITION,.308,150GRA1N,$P,20/BOX Estimated Net Value 53,425.00 Office of State Procurement Paul Coulter paul.coulter@dfa.arkansas.gov (P)501-683-0084 (F) 501-324-9311 TERM AWARD TERMS AND CONDITIONS 1_ GENERAL: All terms and conditions stated in the invitation for bid govern this contract. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document, gmF�f STATE OF ARKANSAS wise a Y 4 Term Contract Vendor No. 100145319 Contract No. 4600033839 Contact Tommy Trammell Date 01/21/2015 Your reference SP -15-0032 our reference ST 2. PRICES: Prices are firm and not subject to escalation, unless otherwise specified in the invitation for bid. 3. DISCOUNTS: All cash discounts offered will be taken if earned. 4. 'TAXES: Most state agencies must pay state safes tax. Before billing, the contractor should contact the ordering agency to find out if thatagencymust pay sales tax; Itemize state sales tax when applicable on invoices. 5. BRAND NAME REFERENCES; The contractor guarantees lthat the commodity delivered is the same as specified frithe bid. 6. GUARANTY. All items delivered are to be newly manufactured, in first- class condition, latest model and design, including, where applicable, containers suitable for shipment and storage unless otherwise indicated in the bid invitation. The contractor, guarantees that everything furnished hereunder will be free from defects in design, workmanship, and material; that if sold by drawing, sample or specification, it will conform thereto and will serve the function for which furnished. The contractor further guarantees that if the items furnished hereunder are to be installed by the contractor, such items will function properly when installed. The contractor also guarantees that all applicable laws have been compiled with relating to construction, packaging, labeling, and registration. The contractor's obligations under this paragraph shall survive for a period of one year from the date of delivery, unless otherwise specified in the invitation for bid, 7. AWARD: This contract award does not authorize shipment: Shipment against this contract is authorized by the receipt of a purchase order from the ordering agency:A written' purchase order mailed or otherwise furnished to the contractor results in a binding obligation without further action by either party. 8. DELIVERY: The term of the contract is shown on the face of the contract award. The contractor is required to supply the state's needs during this term. The number of days required to place the commodity in the receiving agency's designated location under normal conditions is also shown. Consistent failure to meet delivery without a valid reason may cause removal from the bidders' list' or suspension of eligibility for award. 9. BACKORDERS OR DELAY IN DELIVERY: Back orders or failure to deliver within the time required may be default of the contract. The contractor must give written notice to the Office of State Procurement and ordering agency of the reason and the expected delivery date. 1f the reason is not acceptable, the contractor is in default. The Office of State Procurement has the right to extend delivery if reasons appear valid. If the date is not acceptable, the agency may buy elsewhere. 10. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written approval of the Office of State Procurement. Delivery shall be made during agency work hours only, 8:00 a.m. to 4:30 p.m., unless prior approval for other delivery has been obtained from the agency. Packing memoranda shall be enclosed with each shipment. 11. STORAGE: The ordering agency is responsible for storage if the contractor delivers within the time required and the agency cannot accept delivery. 12. DEFAULT: All commodities furnished will be subject to inspection and acceptance of the ordering agency after delivery. Default in promised delivery or failure to meet specifications authorizes the Office of State Procurement to GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing. rules and regulations defined by the State of Arkansas apply to this document,: °tp a STATE OF ARKANSAS5/5e` 9 Term Contract Vendor No. 100145319. contract No. 4600033839 :Contact. Tommy Trammell Dale 01/21/2016' Your reference SP -1.5-0032 ourreferenee ST increase, if any, in cost and handling to the defaulting contractor. 13. VARIATION IN QUANTITY, The state assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein. 14., INVOICING: The contractor shall submit an original and two copies of an itemized invoice showing the bid number and purchase request number when itemized in the invitation for bid. Invoices must be sent to "Invoice to" point shown on the purchase order. 15. STATE PROPERTY: Any specifications, drawing,' technical information, dies, cuts, negatives, positives,. data or any other commodity furnished to the contractor hereunder or in contemplation hereof or developed by the contractor for the use hereunder shall remain property of the state, be kept confidential, be used only as expressly authorized, and be returned at the contractor's expense to the F.O.B. point, properly identifying what is being returned. 16. ASSIGNMENT: This contract is not assignable nor the duties hereunder delegable by either party without the written consent of the other party to the contract. 17, OTHER REMEDIES; fn addition to the remedies outlined herein, the contractor and the state have the right to pursue any other remedy permitted by law or in equity. 18. LACK OF FUNDS: The state may cancel this contract to the extent funds are no longer legally available for expenditures under this contract. Any delivered but unpaid for goods will be returned in normal condition to the contractor by the state. If the state is unable to return the commodities in normal condition and there are no funds legally available to pay for the goods, the contractor may file a claim with the Arkansas Claims Commission. If the contractor has provided services and there are no longer funds legally available to pay for the services, the contractor may file a -claim. 19. QUANTITIES: The state may order more or less than the estimated quantity in the invitation' for bid. 20. DISCLOSURE: Failure to make any disclosure required by the Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that order, shall be a material breach of the terms of this contract. Any contractor, whether as individual or entity, who tails to make the required disclosure, or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document.. Vander No. 100145319 Contact Tommy Trammell Your reference :SP -15-0032 STATE OF ARKANSAS GULF STATES DISTRIBUTORS INC PO Box 241387 MONTGOMERY AL 36117 as: specified on PO Term Contract .;hip -TL - GULF STATES. DISTRIBUTORS INC 6000ESHIRLEY LN MONTGOMERY AL 36117 contract No. 4600033834 Dale 01/20/2015 .Contact Timothy O'Brien Telephone 501-324•9320 Fax 501.324-9311 Our ref. ST incoterms FOB DESTINATION Valid from: 01/2312015 Valid to: 0112212018 Page 115 Reference Trprking SP-1�•nha1 ,/-175mmodity: Gulf States SPEER Ammunitio This is a term contract issued by the office of State Procurement. This is not authority to ship. Aseparate purchase order will be issued. This contract constitutes acceptance of your bid along with all terms and conditions therein and signifies the offerers knowledge and acceptance of all terms and conditions set forth within the invitation for Bid. Type of Contract: Term Contract Period: January 23, 2017 through January 22, 2018 This is the second of six possible renewals. Upon mutual agreement by the contractor and OSP, the contract may be renewed on a year-to-year basis, for up to four (4) additional one (1) year terms or a portion thereof. In no event shall the total contract term be more than seven (7) years. Vendor Contract Contact Information: Tommy Trammell Manager Gulf States Distributors Inc. 6000 East Shirley Lane Montgomery At, 36117 800-223-7869 334.279-9267 Fax OSP Contact Information: Ttm O'Brien, Statewide Procurement Specialist (P) 501.324-9320(F)501-324-9311 GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document, �Lis7ayx Purchasing Off iciallFismi Officer 01/22/2015 Page OF ARKANSAS 0 Term Contract Vendor No. 100145319 Contract No. 4600033834 Contact Tommy Trammell Date 01/20/2015 Your reference SP -15-.0032 our reference ST Timothy.O'Brien@dfa.arkansas.gov Item Material/Description Target QtyUM Unit Price Amount 0001 10100060 4,000.00 Lump Sum 1.00 $ 4,000;00 AMMUNITION,.357MAGNUM,125 GRAIN,HP,25/BX 0002 10100062 1,600.00 Lump Sum 1.00 $1,600,00 AMMUNITION,.3578IG,125GRA1N,50/BOX 0003 10100061 350:00 Lump Surra 1.00 $ 350.00 AMMUNITION,.357SIG,125 GRAIN,HP,BONDED 0004 10100054 4,100:00 Lump Sum 1.00 $4,100.00 AMM UNITION,.38SPECIAL,125GRAIN, HP,25/BOX 0005 10100066 16,000.00 Lump Sum 1.00 $ 16;000.00 AMMUNITION,.9MM'LUGER,115G RAIN,TC,50/BX 0006 10124520 21,500.00 Lump Sum 1.00 $ 21,500.00 AMMUNITION 9MM LUGER,124GR,TGMC,50 BOX 0007 101000$$ 4,400.00 Lump Sum 1.00 $ 4,400.00 AMMUNITION, 9MM LUGER,125GR,+P HRBONDED 0008 110100070 1,500.00 Lump Sum 1.00 $1,500,00 AMMUNITION,.9MM LUGER,147GR;HP,BONDED 0009 10100073 343,500.00 Lump Sum 1.00 $ 343,500,00 AMMUNITION,.40S&W,165GRAIN;TC,50/BOX 0010 10124521 95,150.00 lump Sum 1.00 $ 95,150.00 AMMUNITION,40 CALIBER,165 GR BJHP,BONDED 0011 10126761 390,300.00 Lump Sum 1.00 $ 390;300.00 AMMUNITION, 40 S&W ,180GR ,FMJ 0012 10100075 167,000.00 Lump Sum 1.00 $ 167,000.00 AMMUN ITION,.40S&W,180GR,HP, BON DED,25/BOX 0013 10124522 119;050.00 Lump Sum 1.00 $ 119,050.00 AMMUNITION,45 CALIBER,185 GR,TCMC GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. 6p?R y STATE OF ARKANSAS' 315e FA Term Contract vendor No. 100145319 Contact Tommy Trammell Your reference SP -15-0032 contract No. 4600033834 Date 01120/2015 OurreferenceST Item Material/Description Target QtyUM Unit Price Amount 0014 10100079 2,850.00 Lump Sum 1.00 $ 2,850.00 AMMUNITION;.45AUT0,230GR,HP,BONDED,25/BX 0015 10126764 5,000.00 Lump Sum 1.00 $ 5;000.00 AMMUNITION, 45 AUT0,185GR ,HP, BONDED 4016 10126760 21,501 Lump Sum t,00, $ 21,500.00 AMMUNITION, 9MM ,LUGER, 147GR ,FMJ Estimated Not Value 1,197,800.00 OSP Contact Information: Tim O'Brien, Statewide Procurement Specialist (P) 501-324-9320(F)501-324-9311 Timothy.O'Brien @ dfa.arkansas.gov TERM AWARD TERMS AND CONDITIONS 1. GENERAL: All terms and conditions stated in the invitation for bid govern this contract. 2,. PRICES: Prices are firm and not subject to escalation,: unless otherwise specified in the invitation for bid. 3, DISCOUNTS: All cash discounts offered will be taken if earned. 4. TAXES: Most state agencies must pay state sales fax: Before billing,; the contractor should contact the ordering agency to find out if that agency must pay sales lax, itemize state sales tax when applicable on invoices. 5„ BRAND NAME REFERENCES: The contractor guaranteesthatthe commodity delivered is the same as specified in the bid. 6. GUARANTY, Ali items delivered are to be newly manufaclured, in first- class condition, latest model and design, including, where applicable, containers suitable for shipment and storage unless otherwise indicated in the bid invitation. The contractor guarantees that everything furnished hereunder Will be free from defects in design, workmanship, and material; that if sold by drawing, sample or specification, it will conform thereto and will serve the function for which furnished. The contractor further guarantees that if the items furnished hereunder are to be installed by the contractor, such items will function properly when installed; The contractor also guarantees that all applicable laws have been complied with relating to construction,, packaging, labeling, and registration. The contractor's obligations under this paragraph shall survive for a period of one-year from the date of delivery, unless otherwise specified in the invitation for bid. GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR; All purchasing rules and regulations defined by the Stale of Arkansas apply to this document. s a A STATE OF ARKANSAS 415e ' � Term Contract r Vendor No. 100145319 Contract No. 4600033834 Contact Tommy Trammell Date 01120/2015 Your reference SP -15.0032 Ourreference ST 7. AWARD; This contract award does not authorize shipment. Shipment against this contract is authorized by the receipt of a purchase order from the ordering agency, A written purchase order mailed or otherwise furnished to the contractor results in binding obligationwithout' further action by either party. 8. DELIVERY: The term of the contract is shown on the face of the contract award, The contractor is required' to supply the slate's needs during this term. The number of days required to place the commodity in receiving agency's designated location under normal conditions is also shown. Consistent failure to meet delivery without a valid reason may cause removal from the bidders` list or suspension of eligibility for award., 9. BACK ORDERS OR DELAY IN DELIVERY! • Back orders or failure to deliver within the time required maybe default of the contract. The contractor must give written notice to the Office of State Procurement and ordering agency of the reason and the expected delivery date. If the reason is not acceptable, the contractor is in default. The Office of State Procurement has the right to extend delivery if reasons appear valid,; If the date is not acceptable, the agency may buy elsewhere. 10. DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written approval of the Office of State Procurement. Delivery shall be made during agency work hours only, 8:00 a.m. to 4:30 p.m., unless prior approval for other delivery has been obtained from the agency. Packing memoranda shall be enclosed with each shipment. 11. STORAGE: The ordering agency is responsible for storage if the contractor delivers within the time required and the agency cannot accept delivery. 12. DEFAULT; All commodities furnished will be subject to inspection and acceptance of the ordering agency after delivery. Default in promised delivery or failure to meet specifications authorizes the Office of State Procurement to cancel this contractor any portion of same and reasonably purchase commodities elsewhere and charge full increase, if any, in cost and handling to the defaulting contractor. 13. VARIATION IN QUANTITY: The stale assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein. 14. INVOICING: The contractor shall submit an original and two copies of an itemized invoice showing the bid number and purchase request number when itemized in the invitation forbid. Invoices must be sent to"Invoice to" point shown on the purchase order. 15. STATE PROPERTY: Any specifications, drawing, technical information, dies, cuts, negatives, positives; data or any other commodity furnished to the contractor hereunder or in contemplation hereof or developed by the contractor for the use hereunder shall remain property of the state, be kept confidential, beusedonly as expressly authorized, and be returned at the contractor's expense to the F.O.B. point, properly identifying what is being returned. 16. ASSIGNMENT: This contract is not assignable nor the duties hereunder delegable by either party without the written consent of the other party to the contract. 17. OTHER REMEDIES: In addition the remedies outlined herein, the contractor and the state have the right to pursue any other remedy permitted; by law or in equity. `GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to this document. ti� o STATE OF ARKANSAS` 5�5e ��>� x� Term Contract Vendor No. 100145319 Contract No. 4600033834 Contact Tommy Trammell Date 01120/2015 Yourrefemnce SP -15-0032 Ourreference ST expenditures under this contract. Any delivered but unpaid for goods will be returned in normal condition to the contractor by the state. If the state is unable to return the commodities in normal condition and there are no funds legally available to pay for the goods, the contractor may file a claim with the Arkansas Claims Commission. If the contractor has provided services and there are no longer funds legally available to pay for the services, the contractor may file a claim. 19. QUANTITIES: The state may order more or less than the estimated quantity in the invitation for bid. 20. DISCLOSURE:- Failure to make any disclosure; requiredby the Governor's Executive Order 98-04, or any violation of any -rule, regulation;: or policy adopted pursuant to that: order, shall be a material breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule,; regulation, or policy shall be subject to all legal remedies available to the agency. .GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR: All purchasing rules and regulations defined by the State of Arkansas apply to This document.. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0368 Agenda Date: 7/18/2017 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 RUPPLE MEADOWS SUBDIVISION STREET IMPROVEMENTS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $72,321.00 AS THE DEVELOPER'S SHARE TO WIDEN RUPPLE ROAD, INSTALL STORM WATER DRAINAGE AND CONSTRUCT A TRAIL AT THE TOTAL COST OF $143,973.20 WHEREAS, rather than having the developer of Rupple Meadows Subdivision construct their portion of the Rupple Road widening with storm water drainage and a trail, the Engineering Department seeks to use its contractor, Sweetser Construction Company, to add this construction to its current street widening construction for efficiency and uniformity purposes; and WHEREAS, the developer at Rupple Meadows Subdivision has agreed to pay $72,321.00 as its fair share of these costs as the rough proportion of its development's impact upon the City's infrastructure. 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 attached Budget Adjustment in the amount of $72,321.00 from the developer of Rupple Meadows Subdivision and agrees to a change order to the Sweetser Construction Company's contract in the amount of $143,973.20 to widen a portion of Rupple Road, construct storm water drainage and trail improvements. City of Fayetteville, Arkansas Page 1 Printed on 7/12/2017 City of Fayetteville Staff Review Form 2017-0368 Legistar File ID 7/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Ely 6/28/2017 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a Budget Adjustment, and Recognition of Revenue for Payment In -Lieu of Street Improvements for the Rupple Meadows Subdivision Budget Impact: 4470.800.8835.5809.00 Capital Improvement Fund Account Number Fund Rupple Road (Persimmon to Congressional Project Number Project Title Budgeted Item? Yes Current Budget Funds Obligated Current Balance $ 2,159,646.00 $ 2,137,122.59 $ 22,523.41 Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 72,321.00 Remaining Budget V20140710 Previous Ordinance or Resolution # 197-16 Original Contract Number: 74-16 Approval Date: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Jonathan Ely, Development and Construction Manager DATE: June 30, 2017 STAFF MEMO SUBJECT: Recognition of Revenue for Payment In -Lieu of Street Improvements for the Rupple Meadows Subdivision RECOMMENDATION: Staff recommends City Council approval of a resolution to recognize revenue in the amount of $72,321 for Payment In -Lieu of Street Improvements for the Rupple Meadows Subdivision. BACKGROUND: In April 2016, the Planning Division received a Preliminary Plat submittal for a new single family residential subdivision near the northern end of the Rupple Road Improvement Project. The subdivision is called Rupple Meadows, and as part of their project approval, the development was required to complete the street improvements along their property frontage. Over the past year, the developer has received construction permits, and completed construction of the streets and utilities for the subdivision. During review of the final plat, the engineering division recommended payment in lieu of the proposed improvements so that money could be used in conjunction with additional city funds to complete this section of roadway and trail. DISCUSSION: While typically the developer is responsible to hire a contractor to complete the required street improvements, the engineering division recognized this as an opportunity to connect to and extend the Rupple Road Phase II project further north. By accepting payment in -lieu of improvements, it allows the city to use their contractor (Sweetser) to complete the improvements which would result in a more uniform and consistent roadway, with less disruption to the citizens and traffic in the area. The total funds to be provided by the developer of the Rupple Meadows Subdivision will be $72,320.10, which covers costs of road widening, storm drainage installation, and trail construction along the property frontage. Approval of the change order for the expanded scope of work will be processed as a separate request, and is anticipated to be a total of $143,973.20, the remaining $71,653.10 would be Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701