HomeMy WebLinkAboutOrdinance 4198 ORDINANCE NO.4198
AN ORDINANCE APPROVING A COST SHARE
AGREEMENT, IN AN AMOUNT NOT TO EXCEED $80,477,
FOR CONSTRUCTION OF SERENITY WAY AS A 36 FOOT
"COLLECTOR" STREET WITHIN THE SERENITY PLACE
PUD SUBDIVISION, WITH TIM REYNOLDS/PRESTIGE
PROPERTIES DEVELOPMENT AND CONSTRUCTION;
APPROVAL OF A BUDGET ADJUSTMENT; AND WAIVING
THE REQUIREMENTS OF COMPETITIVE BIDDING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That a cost share agreement is hereby approved, in an amount not to exceed
$80,477, for construction of Serenity Way as a 36 foot "Collector" street within the Serenity Place
PUD Subdivision, with Tim Reynolds/Prestige Properties Development and Construction. A copy
of the cost share agreement is attached hereto as Exhibit "A" and made a part hereof.
Sestion2. That a budget adjustment is hereby approved. A copy of the budget
adjustment is attached hereto as Exhibit `B" and made a part hereof.
Section 3. That the City Council hereby waives the requirements of competitive
bidding for the construction of Serenity Way within the Serenity Place PUD Subdivision that the
City hereby agrees to cost-share in, for the reason that said requirements are neither practical nor
feasible. Tim Reynolds/ Prestige Properties Development and Construction, is the developer of
Serenity Place PUD Subdivision, and will be providing all labor, materials, and equipment for
construction of the road.
PASSED AND APPROVED this 2nd day of November , 1999.
APPROVED./
By:
reed Hanna, Mayor
ATTEST:
pFeath,, er Woodruff, City Cie
� � rtV .
FAYETTEVILLE
EXHIBIT A
THE CITY OF FAYETTEVILLE, ARKANSAS
October 7, 1999
Mr. Tim Reynolds
Prestige Properties Development and Construction
P.O. Box 1766
Fayetteville, Arkansas 72702
Re: Proposed cost-share for Serenity Way from a "Local" 28 ft. street to a "Collector" 36 ft. street
within the Serenity Place PUD Subdivision.
Dear Sir,
This letter shall serve as the formal agreement to be presented to the City Council for consideration
for the City of Fayetteville to participate in a cost share to pay for the difference in actual
construction costs only to construct Serenity Way as a collector street in lieu of a local 28 ft. street
and in accordance with the Master Street Plan and the conditions of approval from the Planning
Commission on May 11 , 1998.
As designed by your engineer, ESI, Serenity Way extends approximately 1 ,350 feet west of Salem
Road to a proposed intersection with Rupple Road extension as planned by the City.
Your engineer, ESI, by facsimile memo dated August 30, 1999 has estimated the costs of Serenity as
a local street at $ 143,258.25 and as a collector street at $223,735 .25 . The estimated difference is
$80,477.00
The agenda request proposed to forward to the City Council for consideration is based upon the
estimated difference of $80,477.00 as furnished by your engineer.
If the cost-share is approved by the Mayor and the City Council, the City agrees to pay the actual and
verified construction (only) cost difference to construct Serenity way as a collector in lieu of a local
street up to a maximum cost of $80,477.00 as estimated by your engineer.
If your future and actual bid prices exceed the estimate furnished by your engineer, then the cost-
share agreement shall be required to be reevaluated and re-approved by the Mayor and/or City
Council as appropriate prior to construction.
Page 1 of 2
113WESTMOUNTAIN 72701 501521 -7700
FAX 501 575-8257
If the Mayor and/or City Council do not agree with the requested cost-share then you will only be
required to construct Serenity as a local street, yet dedicate the right-of-way for a future collector
street.
Mr. Tim Reynolds/Prestige Properties and your contractor further agree to construct the public
improvements, including the street construction, in compliance with all City Standards and
regulations. Mr. Tim Reynolds/Prestige Properties and your engineer, ESI, further agree to provide
the necessary and normal design, project management, inspection and testing as necessary for a
complete and accepted public street.
It is understood that the contract for construction is between Mr. Tim Reynolds/Prestige Properties
and your contractor and that the City has no contractual obligation with your contractor. The City's
only obligation shall be to participate in a cost share not-to-exceed $80,477.00 based upon actual
construction (only) costs (without reevaluation and re-approval by the Mayor and/or City Council).
It is further understood that upon final acceptance of the new City street, Mr. Tim Reynolds/Prestige
Properties will provide to the City a copy of the invoices, quantities and records from your contractor
and/or engineer and also a completed lien waiver executed by your contractor. The City will strive to
make payment to Mr. Tim Reynolds/Prestige Properties within thirty (30) days after receipt of the
invoices but cannot guarantee the thirty day schedule.
Please note: This is a request for approval of a cost share only. The Mayor and/or City Council will
not consider the proposed cost share for approval without a formal agreement signed in advance by
you. Do not proceed with the proposed street construction unless/until the proposed cost share is
approved by the City Council and a copy signed by the Mayor is furnished to you.
If you agree with these provisions please sign the three original letters in the space provided and
return all three to me. I will proceed to schedule this on the next available City Council Agenda.
Should you need any additional information please call me at 575-8208.
Thank you,
Jim Beavers, P.E.
City Engineer
Approved City of Fayetteville Tim Reynolds
Fred Hanna, Mayor Prestige Properties Development and
Construction
certified mail
Page 2 of 2
STAFF REVIEW FORM
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of November 2, 1999
FROM:
Ron Petrie En ineering Public Works
Name Dwisinn Department
ACTION REQUIRED: Approval of a budget adjustment, cost share, and bid waiver in the amount of $80,477.00 with the
developer of the Serenity Place PUD, Tim Reynolds/Prestige Properties, for the construction cost difference to construct
Serenity Way to collector street standards in lieu of a local street.
COST TO CITY:
$ 80,477.00 (Estimated) $ 230,024.00 Street Im rovements
Cost of is
Request Categ�ject u g� t et Category roject Name
4470-9470-5809.00 $ 157,024.00 Cost Share
Account Number Fun Use To Date Program Name
98033-0020 1
73 000.00 Sales Tax
Project Number Remaining Balance Fun
BUDGET REVIEW: X Budgeted Item X Budget Adjustment Attached
K
$inti Manager A mi istratrve Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGE
a /3- 1A1 AA
Accoun a� er ate na u or ate
7
/%
Crfy tto a ate AD oor matoratS e
U to - I4 -
Purchasing Officer Date
STAFF RECOMMENDATION: Approval of action items listed above.
to - u - 99
tart
on Hea Date Cross Reference
New Item: Yes x No
ment ' ector Date
S.
�G Prev Ord/Res #:
mimstr a Servi�fes- DDnecttor Date
Ong Contract Date:
Mayor Date
Page 2
STAFF REVIEW FORM
Description Serenity Way Cost Share Meeting Date November 2, 1999
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mr. Fred Hanna, Mayor
Thru: Charles Venable, PW Director 94
Don Bunn, Asst. PW. Director
Jim Beavers, City Engineer 6
From: Ron Petrie, Staff Engineer tsf'
Date: October 7, 1999
Re: Agenda Request - City Council Meeting on November 2, 1999
Proposed Budget Adjustment, Bid Waiver, and Cost-Share in the amount of $80,477.00
with the developers of Serenity Place PUD for the construction of Serenity Way.
The Preliminary Plat for the Serenity Place PUD was approved by the Planning Commission on
May 13, 1998. The approval included constructing Serenity Way as a collector street in
conformance with the Master Street Plan. The approval also stated that " ... the construction of
Serenity Way as a collector is subject to the City Council approving a cost share agreement with
Prestige Properties Development, Inc. If such agreement were to fail, the developer must
construct Serenity Way as a 28' residential street."
Therefore, the City is requested to pay the difference to construct Serenity Way to collector street
standards (36' in width) in lieu of a local street (28' in width). Engineering Services Incorporated
have estimated these costs as follows:
City $ 805477.00
Developer $ 1439258.25
Total $223,735 .25
Based upon the information provided by the Budget & Research Division, there is a remaining
balance of $73,000.00 in the Street Improvements Cost Share Account. A Budget Adjustment of
$7,477.00 is attached recommending funding of the cost share.
Mr. Fred Hanna, Mayor
October 7, 1999
Page Two (2)
The final costs to the City will be based upon actual costs as documented by Engineering
Services Incorporated subject to review by the City and may, or may not exceed the Engineer's
estimate. However, the City's share will not exceed the estimated costs without additional
authorization.
Enclosures:
Budget Adjustment
Vicinity Map
Construction Drawing
Cost Estimate from ESI
Cost-Share Agreement with Prestige Properties
Purchase Requisition
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Oct - 06 - 99' 09 : 46A Engineering Services , Inc 501 - 751 - 8746 P . 02
ENGINEER'S PRELIMINARY STATEMENT OF PROBABLE CONSTRUCTION COSTS
SERENITY WAY - SERENITY PLACE SUBDIVISION
FAYETTEVILLE, ARKANSAS - REVISED OCTOBER 6, 1999
SERENITY WAYAS A COLLECTOR:
Item Unit Total
Quantity Description Price Amount
1 2,450 C.Y. Excavation & Grading 5.25 12,862.50
2 2,450 C.Y. Tap Soil Stripping & Stockpiling 3.00 7,350.00
3 5,025 S.Y. Lime Stabilization (10" Depth) 6.50 32,662.50
4 5,025 S.Y. Asphalt (4" Binder) 8.50 422712.50
5 5,025 S.Y. Asphalt (2" Surface) 4.45 22,361 .25
6 6,275 S.Y. Class 7 Base Material (6" Thick) 3.86 24,221 .50
7 2,890 L.F. Curb & Gutter 8.50 24,565.00
8 2,300 L.F. Sidewalk (6') 15.00 34,500.00
9 1 L.S. Bonds 21500.00 2,500.00
TOTAL STREET IMPROVEMENTS $203,735.25
CONSTRUCTION CONTINGENCY $20,000.00
TOTAL AS COLLECTOR $223,735.25
SERENITY WAYAS A LOCAL STREET:
Unit Total
Item Quantity Description Price Amount
1 2, 100 C.Y. Excavation & Grading 5.25 11 ,025.00
2 1 ,950 C.Y. Top Soil Stripping & Stockpiling 3.00 52850.00
3 3,775 S.Y. Lime Stabilization (10" Depth) 6.50 24,537.50
4 3,775 S.Y. Asphalt (3" Surface) 868 25 21700
5 3,775 S.Y. Class 7 Base Material (8" Thick) 5.15 19,441 .25
6 2,875 L.F. Curb & Ginter 6.50 180687.50
7 2,300 L.F. Sidewalk (4') 10.00 23,000.00
8 1 L.S. Bonds 11500.00 1 ,500.00
TOTAL STREET IMPROVEMENTS $129,258.25
CONSTRUCTION CONTINGENCY $14,000.00
TOTAL AS LOCAL STREET $1439258.25
DIFFERENCE $80,477.00
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
October 7, 1999
Mr. Tim Reynolds
Prestige Properties Development and Construction
P.O. Box 1766
Fayetteville, Arkansas 72702
Re: Proposed cost-share for Serenity Way from a "Local' 28 ft. street to a "Collector" 36 ft. street
within the Serenity Place PUD Subdivision.
Dear Sir,
This letter shall serve as the formal agreement to be presented to the City Council for consideration
for the City of Fayetteville to participate in a cost share to pay for the difference in actual
construction costs only to construct Serenity Way as a collector street in lieu of a local 28 ft. street
and in accordance with the Master Street Plan and the conditions of approval from the Planning
Commission on May 11 , 1998.
As designed by your engineer, ESI, Serenity Way extends approximately 1 ,350 feet west of Salem
Road to a proposed intersection with Rupple Road extension as planned by the City.
Your engineer, ESI, by facsimile memo dated August 30, 1999 has estimated the costs of Serenity as
a local street at $ 143,258.25 and as a collector street at $223,735 .25 . The estimated difference is
$80,477.00
The agenda request proposed to forward to the City Council for consideration is based upon the
estimated difference of $80,477.00 as furnished by your engineer.
If the cost-share is approved by the Mayor and the City Council, the City agrees to pay the actual and
verified construction (only) cost difference to construct Serenity way as a collector in lieu of a local
street up to a maximum cost of $80,477.00 as estimated by your engineer.
If your future and actual bid prices exceed the estimate furnished by your engineer, then the cost-
share agreement shall be required to be reevaluated and re-approved by the Mayor and/or City
Council as appropriate prior to construction.
Page 1 of 2
113 WEST MOUNTAIN 72701 501 521 -7700
FAX 501 575-8257
If the Mayor and/or City Council do not agree with the requested cost-share then you will only be
required to construct Serenity as a local street, yet dedicate the right-of-way for a future collector
street.
Mr. Tim Reynolds/Prestige Properties and your contractor further agree to construct the public
improvements, including the street construction, in compliance with all City Standards and
regulations. Mr. Tim Reynolds/Prestige Properties and your engineer, ESI, further agree to provide
the necessary and normal design, project management, inspection and testing as necessary for a
complete and accepted public street.
It is understood that the contract for construction is between Mr. Tim Reynolds/Prestige Properties
and your contractor and that the City has no contractual obligation with your contractor. The City's
only obligation shall be to participate in a cost share not-to-exceed $80,477.00 based upon actual
construction (only) costs (without reevaluation and re-approval by the Mayor and/or City Council).
It is further understood that upon final acceptance of the new City street, Mr. Tim Reynolds/Prestige
Properties will provide to the City a copy of the invoices, quantities and records from your contractor
and/or engineer and also a completed lien waiver executed by your contractor. The City will strive to
make payment to Mr. Tim Reynolds/Prestige Properties within thirty (30) days after receipt of the
invoices but cannot guarantee the thirty day schedule.
Please note: This is a request for approval of a cost share only. The Mayor and/or City Council will
not consider the proposed cost share for approval without a formal agreement signed in advance by
you. Do not proceed with the proposed street construction unless/until the proposed cost share is
approved by the City Council and a copy signed by the Mayor is famished to you.
If you agree with these provisions please sign the three original letters in the space provided and
return all three to me. I will proceed to schedule this on the next available City Council Agenda.
Should you need any additional information please call me at 575-8208.
Thank you,
Jim Beavers, P.E.
City Engineer
Approved City of Fayetteville Tim Reynolds
Fred Hanna, Mayor Prestige Properties Development and
Construction
certified mail
Page 2 of 2