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HomeMy WebLinkAbout2024-03-05-AGENDARick Elumbaugh, Mayor Denise Johnston, Clerk Timothy Meitzen, Attorney A HISTORIC TREASURE �R�ANSAS' OLDEST ����: AGENDA CITY OF BATESVILLE CITY COUNCIL 500 EAST MAIN BATESVILLE, AR 72501 March 5, 2024 5:30 P.M. 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. APPROVAL OF AGENDA 6. COMMENTS FROM CITIZENS 7. UNFINISHED BUSINESS COUNCILMEMBERS Brittany Bennett Scott Fredricks Julie Hinkle Paige Hubbard Fred Krug Douglas Matthews Chris Poole Landon Reeves None 8. NEW BUSINESS A) Police Department Report B) Engineer's Report C) Fire Department Report D) Recognize the Batesville Pioneer Swim Team E) Recognize the Lady Pioneer Bowling Team F) Consider a resolution authorizing the Mayor to enter into an administrative agreement with WRPDD, to apply for a grant for Batesville Public School Campus G) Consider a resolution authorizing Chief Elected Official to sign an application for CDBG Funds. H) Consider a resolution authorizing the City to enter into a contract with Bullard Construction, LLC for the repair of the soccer restroom and concession building 1) Executive Session J) Financial report 9. COMMENTS FROM THE MAYOR 10. LIAISON REPORTS 11. COMMENTS FROM COUNCIL MEMBERS (by roll call) 12. ADJOURNMENT Batesville- My Hometown... Make it Yours! RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR OF BATESVILLE, ARKANSAS, TO ENTER INTO AN ADMINISTRATIVE AGREEMENT WITH THE WHITE RIVER PLANNING AND DEVELOPMENT DISTRICT, INC. WHEREAS, Batesville, Arkansas, is applying to the Arkansas Economic Development Commission (AFDC) for an Arkansas Community and Economic Development Program grant. The grant will be used for improvements to the childcare facilities on the Batesville Public School Campus; and WHEREAS, Batesville requires assistance to identify and implement the regulations pertaining to the said grant, and; WHEREAS, it will be necessary for the Mayor to act in connection with the Administrative Agreement; NOW, THEREFORE, IT IS RESOLVED that the City Council of Batesville, Arkansas, hereby declares that the Mayor be authorized to execute an agreement with the White River Planning and Development District, Inc., to provide administrative services to the City. Such costs and contract formats to be pre -approved by AEDC and all such costs to be paid by AEDC from the grant. ENTERED this day of , 2024. Rick Elumbaugh, Mayor Denise M. Johnston, City Clerk RESOLUTION AUTHORIZING CHIEF ELECTED OFFICIAL TO SIGN AN APPLICATION FOR CDBG FUNDS Resolution No. Be it resolved by the City Council of the City of Batesville, State of Arkansas, a resolution to be entitled: A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR ACEDP GRANT FUNDS TO THE STATE OF ARKANSAS WHEREAS, the City of Batesville, is applying for funds through the Arkansas Community and Economic Development Program for funds for improvements at the Childcare Facilities for Batesville Public Schools, and WHEREAS: It is necessary that certain conditions be met as part of the application requirements; and WHEREAS: the City of Batesville has conducted a public hearing and has an active Citizen Participation Plan/Community Development Plan, and as part of the application process has received and considered comments on community development and housing needs, and proposed activities; and WHEREAS: As a result of the Community Development Planning activities, the City of Batesville, has identified and prioritized the community development and housing needs. NOW, THEREFORE. BE IT RESOLVED THAT THE CITY COUNCIL OF BATESVILLE, ARKANSAS, THAT: The Mayor of the City of Batesville is hereby authorized, on behalf of the City to submit an application to the State of Arkansas for grant funds, under the Community Development provisions of the Arkansas Community and Economic Development Program, and to expend funds to accomplish such community development activities, if the grant is awarded. This Resolution passed and adopted in regular session: March 12, 2024. Rick Elumbaugh, Mayor ATTEST: Denise M. Johnston, City Clerk RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF BATESVILLE TO ENTER INTO A CONTRACT WITH BULLARD CONSTRUCTION, LLC FOR THE REPAIR OF THE SOCCER FIELD'S RESTROOM AND CONCESSION BUILDING. WHEREAS, in 2023 a storm severely damaged the restroom and concession building at the city soccer fields; WHEREAS, the repair needs to be done immediately in order to accommodate the participants and their families for the upcoming soccer season; WHEREAS, that the city has been in negotiations with the insurer of said structure since said storm; WHEREAS, that the insurer has agreed and approved of the bid of Bullard Construction, LLC; and WHEREAS, that Bullard Construction, LLC is uniquely qualified as it meets the insurer's pricing requirements and can begin immediately; WHEREAS, that under the terms of the contract, the City of Batesville will pay $230,697, more or less, to Bullard Construction, LLC in exchange for said repairs; WHEREAS, that the City is being reimbursed $198,697 of said contract amount by its insured; and WHEREAS, because the City is only responsible for $32,000 of said repair, which represent its insurance deductible, and because the insurer dictated much of the terms of this contract, competitive bidding was not required under Arkansas Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS: Section 1. The Mayor is hereby authorized to enter into the contract with Bullard Construction, LLC which is attached hereto and incorporated herein and make payments as described therein, for the total of $230,697, more or less, for the repairs to the Soccer Field Restroom and Concession building. Section 2. That although the City takes the position that competitive bidding is not required for this contract, to the extent it may be required, City hereby waives competitive bidding as Bullard Construction, LLC is uniquely qualified and competitive bidding is deemed to not be feasible or practical due to the involvement of the third party insured. PASSED AND APPROVED this . March 2024. Honorable Rick Elumbaugh, Mayor Denise M. Johnston, City Clerk Construction Agreement This indemnification agreement is entered into by and between the City of Batesville and Bullard Construction LLC located at 4740 White Dr., Batesville, Arkansas 72501. It is agreed by the parties as follows: Article 1. Scope of Work Bullard Construction shall supply all labor and materials in order to perform the following work for the City of Batesville as an independent contractor. Repair of the Concession and Restroom Facility located at East Main Sports Complex as detailed in Exhibit A (attached) Article 2. Time of Completion Bullard Construction agrees to the following completion dates for portions of the work and final completion of the work. Repair of the Concession and Restroom Facility is to be completed no later than May 15, 2024. Liquidated damages in the amount of $50.00 per day may be assessed in the event that work has not been completed by May 15, 2024. Weather and supply chain issues are to be taken into consideration for the enforcement of any and all liquidated damages. Article 3. Work Standards Bullard Construction shall perform the work in a workman -like manner, according to standard industry practices, unless other standards or requirements are set forth in any attached plans and/or specifications. Any alteration or deviation from the attached specifications at the request of the City of Batesville resulting in extra cost will be agreed upon, in writing, by the City of Batesville and Bullard Construction. 11Bullard Construction Agreement / East Main Concession Article 4. Compensation The City of Batesville will pay the contractor the sum of $223,697.00 in full payment for the work as set forth in this Agreement. There is to be a $50,000.00 down payment with the balance to be paid out in progress payments in direct correlation with work being completed. Article 5. General Provisions 1. Any additional work or services shall be agreed to in writing, signed by both parties. 2. The contractor shall obtain and maintain any licenses necessary for the work to be performed. The Contractor shall obtain and maintain any required insurance including but not limited to workers' compensation insurance, to cover the Contractor's employees and agents. 3. Pursuant to Arkansas Code 18-44-503, the Contractor will be required to obtain a Payment Bond in a sum equal to the amount of the public construction contract. 4. The Contractor shall be responsible for the payment of any sub -contractors and shall obtain lien releases from sub -contractors as may be necessary. The Contractor agrees to indemnify and hold harmless the City of Batesville from any claims or liability arising out of the work performed by the Contractor under this Agreement. This Agreement, including any attached exhibits and addenda, constitutes the entire agreement of the parties. No representations or promises have been made except those that are set out in this agreement. This agreement may not be modified except in writing and signed by all parties. 6. This agreement shall be governed by the laws of Independence County and the State of Arkansas. 7. Contractor shall at its own expense obtain all permits necessary for the work to be performed. 8. Contractor agrees to remove all debris from work site upon completion. 9. Contractor shall warranty all work for a period of 12 months following completion. 21Bullard Construction Agreement / East Main Concession 10. If any part of this agreement is adjudged invalid, illegal or unenforceable, the remaining parts shall not be affected and shall remain in full force and effect. Rick Elumbaugh Mayor City of Batesville Date Charles Bryson Bullard Date Owner Bullard Construction LLC Attest Date Denise Johnston City Clerk City of Batesville 31Bullard Construction Agreement / East Main Concession Exhibit A City of Batesville Sports Complex - Jeff Owens East Main Concession Stand Bullard Construction LLC 4740 White Drive Batesville.AR 72501 870-612-9559 Bryson Bullard 870-612-2721 Bill Bullard bullardconstructionllc@google.com AR License 0408100322 Contractors ID 48320 36 X 44 In the Dry with 1/12 Pitch 51 X 48 Standing Seam Roof 24 gauge Electrical $ 24,200.00 • 600' 3/ Emt conduit • 600' Y2 Emt conduit • 65 4sq Box • 65 4sq blank cover • 160' # 6 Thhn Wire • 170' # 10 Thhn Wire • 4730' # 12 Thhn Wire • 29 1 X 4 Led Flat Panel • 23 Receipts • 7 Switches HVAC $ 10,070.50 • Air Handler Platform • Copper Refrigerant Lineset • Square In -Shop Fab Ductwork (by ft) • Supply and Return Grills • Hanging Hardware, Fasteners, Material • Labor Mold Elimination and Health Precaution $ 7.388.99 • Tear out wet drywall, no bagging • Apply plant -based anti Plumbing Demo Lumber Joist Over Picnic Area Insulation Bathroom Vanity Kitchen Sheetrock Hardyboard Soffit Paint Cleaning Exterior Trim FRP Panels Hat Channel 11 7/8 1 Joist 24" OC 5/8 Plywood '12 Plywood Sheathing Haul Off Old Metal and Trash Includes materials and Labor TOTAL $ 223,697.00