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HomeMy WebLinkAboutOrdinance 4383 ORDINANCE NO. 4383 AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING REQUIREMENTS AND TO APPROVE A CONTRACTUAL AGREEMENT WITH THE FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $68,000.00 TO PAY FOR CONSTRUCTION OF A WATER LINE AND $17,900.00 FOR CONSTRUCTION OF A TEMPORARY HAUL ROAD WHEREAS, on August 21, 2001, the City entered into a contractual agreement with the Fayetteville Youth Center, Inc. d/ b/ a the Fayetteville Boys and Girls Club, Inc. in which the City agreed to " A. Provide and/ or pay for access road and haul road to the site. B. Provide or pay for adequate water and sewer service to the Project. " ; and WHEREAS, the Engineering Division recommends that to avoid potential conflicts between two different contractors and to facilitate rapid and harmonious construction of these necessary infrastructure improvements, the requirements of competitive bidding be waived for this construction. 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 this is an exceptional circumstance in which normal competitive bidding is not feasible or practical in that bringing in a second and possible third contractor to build infrastructure at this site would needlessly cause disruptions and conflicts with scheduling and work progress of the general contractor for the new multi-million dollar Reynolds Boys and Girls Club. A9 Ord . 4383 Therefore, the City Council hereby waives the normal competitive bidding requirements and agrees to the Contractual Agreement with the Fayetteville Youth Center, Inc. attached as Exhibit A. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Coody to sign this Contractual Agreement. PASSED and APPROVED this the 191hday of March, 2002. APPROVED: By: all DAN COODY, May r A' ST: If a: `` . oodruff, Ci Clerk NAME OF FILE: Ordinance No. 4383 CROSS REFERENCE: 03/19/02 Ordinance No. 4383 03/20/02 Contractual Agreement with the Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. of Washington County 03/11 /02 Memo to Mayor Coody thru Greg Boettcher, Public Works Director, Jim Beavers, City Engineer, from Ron Petrie, Staff Engineer 08/21 /01 Copy of Res. 119-01 Construction Drawings (reduced scale) 08/22/01 Copy of Contractual Agreement (Res. 119-01) 03/07/02 Engineering Bids by EDA (Engineering Design Associates, P.A.) 03/08/02 Copy of Purchase Requisition ($85,900.00) 03/19/02 Staff Review Form 03/21 /02 Memo to Ron Petrie, Engineering Division, from Heather Woodruff, City Clerk NOTES : ORDINANCE NO, AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING REQUIREMENTS AND TO APPROVE A CONTRACTUAL AGREEMENT WITH THE FAYETTEVILLE YOUTH CENTER, INC. IN THE AMOUNT OF $68,000.00 TO PAY FOR CONSTRUCTION OF A WATER LINE AND $17,900.00 FOR CONSTRUCTION OF A TEMPORARY HAUL ROAD WHEREAS, on August 21, 2001, the City entered into a contractual agreement with the Fayetteville Youth Center, Inc. d/ b/ a the Fayetteville Boys and Girls Club, Inc . in which the City agreed to " A. Provide and/ or pay for access road and haul road to the site. B. Provide or pay for adequate water and sewer service to the Project." ; and WHEREAS, the Engineering Division recommends that to avoid potential conflicts between two different contractors and to facilitate rapid and harmonious construction of these necessary infrastructure improvements, the requirements of competitive bidding be waived for this construction. 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 this is an exceptional circumstance in which normal competitive bidding is not feasible or practical in that bringing in a second and possible third contractor to build infrastructure at this site would needlessly cause disruptions and conflicts with scheduling and work progress of the general contractor for the new multi-million dollar Reynolds Boys and Girls Club. 9 0 Therefore, the City Council hereby waives the normal competitive bidding requirements and agrees to the Contractual Agreement with the Fayetteville Youth Center, Inc. attached as Exhibit A. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Coody to sign this Contractual Agreement. PASSED and APPROVED this the 19thday of March, 2002. APPROVED: By: *ay DAN COOD ATTEST: By: Bather Woodruff, City Clerk ORA . 4383 *ORIGINA L CONTRACTUAL AGREEMENT This Agreement, made and entered into this day of 902002, by and between the City of Fayetteville, Arkansas (hereinafter called "City") and Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. of Washington County, (hereinafter called "Boys and Girls Club"), Witnesseth: WHEREAS, the Boys and Girls Club is a non-profit corporation established to serve recreational needs of Fayetteville's youth and adults; and WHEREAS, the City Council has agreed to "provide or pay for adequate water and sewer services to the Project" and "provide and/or pay for access road and haul road to the site" with the approval of Resolution No. 119-01 . WHEREAS, the City Council has allocated $ 124,000.00 in the 2001 Capital Improvement Program for the water installation to serve the Donald W. Reynolds Boys & Girls Club facility and the adjoining city park land. WHEREAS, the Donald W. Reynolds Boys and Girls Club with adjoining city park land will be a major and enduring asset for the City and citizens of Fayetteville. NOW, THEREFORE, the City of Fayetteville (City) and the Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. (Boys and Girls Club) agree as follows: 1 . Upon the Boys and Girls Club obtaining sufficient donations to receive the full grant from the Donald W. Reynolds Foundation and/or completing all other necessary actions to enable construction of the new Donald W. Reynolds Boys and Girls Club, (the Project) to commence, the City of Fayetteville agrees to: A. Pay for the actual documented construction costs and Engineering & Inspection Costs for the extension of an eight inch (8") waterline from Meadowlands Drive Rupple Road and a twelve inch ( 12") waterline along Rupple Road to the Boys and Girls Club. B. Pay a maximum-not-to-exceed cost of $68,000.00 for the afore mentioned waterline construction as was provided by the Boys & Girls Club's Contractor & Engineer and made a part of this agreement. C. Pay for the actual documented construction costs for the installation of a temporary twelve foot wide gravel haul road to the site for access during construction. Page 2 of 3 D. Pay a maximum-not-to-exceed cost of $ 17,900 for the afore mentioned haul road to the site for access during construction. E. Reconsider the costs if the future and actual construction & design prices exceed the maximum-not-to-exceed amounts that were furnished by the Boys & Girls Club's Contractor & Engineer. The contractual agreement shall be required to be reevaluated and re-approved by the Mayor and/or City Council as appropriate prior to proceeding with construction. F. Make all efforts to provide payment to the Boys and Girls Club within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. The Fayetteville Youth Center, Inc. d/b/a Fayetteville's Boys and Girls Club, Inc. agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water line extension and haul road installation. B . Provide a copy of the invoice(s) from the Contractor and a completed lien waiver executed by the Contractor upon acceptance of the water line extension and haul road installation. C. Not proceed with the proposed construction unless/until the proposed contractual agreement is approved by the City Council and signed by the Mayor. 3 . It is further understood that the contract for construction is between the Fayetteville's Boys and Girls Club and their Contractor & Engineer and that the City has no contractual obligation with either the Contractor or the Engineer. The City' s only obligation shall be to participate in a contractual agreement with a not-to-exceed amount of $68,000.00 for the waterline construction and a not-to-exceed amount of $ 17,900 for the haul road. Page 3 of 3 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE FAYETTEVILLE YOUTH CENTER, INC. d/b/a FAYETTEVILLE BOYS & GIRLS CLUB, INC. By: By: DAN COODY, Mayor MIKE HILL President of the Board of Directors Fayetteville Youth Center, Inc. 'By,r eather� oodr iff, City Clerk 0 0 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113W. Mountain St. Fayetteville, AR 72701 Telephone: 501 -575-8206 ENGINEERING DIVISION CORRESPONDENCE TO: Dan Coody, Mayor THRU: Greg Boettcher, Public Works Director Jim Beavers, City Engineer b FROM: Ron Petrie, Staff Engineer DATE: March 11 , 2002 SUBJECT: Proposed Bid Waiver & Contractual Agreement in the amount of $68,000.00 with the Fayetteville Boys & Girls Club for the extension of water to the Donald W. Reynolds Facility and $ 17,900 for a temporary haul road. On August 21 , 2001 , the City Council approved a Contractual Agreement (Resolution No. 119-01 ) in which the City agreed to "provide and/or pay for adequate water and sewer service to the [Boys & Girls Club] Project " and "provide and/or pay for [an] access road and haul road to the site." In addition, there was $ 124,000.00 allocated for water & sewer extensions to serve this new facility and the adjoining park land in the 2001 Capital Improvement Program which has been roll-forwarded to the 2002 budget. The project construction drawings reflect that no public sewer extensions will be necessary to serve this project and that a large portion of the waterline is to be installed near the building and under the proposed parking lots and driveways. Therefore, it was determined that to avoid potential conflicts between two different contractors, the preferred situation would be to have the Boys and Girls Club 's general contractor, Nabholz Construction, install the waterline & haul road and have their engineer, Engineering Design Associates, provide the design and construction inspection for the waterline. The Engineering Division has already designed the temporary haul road and will provide the construction inspection. Therefore, upon the recommendation of the Engineering Division, the City is requested to enter into a contractual agreement with the Boys and Girls Club in order for their contractor to construct the waterline & haul road that the City has previously agreed to provide. The Boys & Girls Club's Engineer & Contractor has provided the actual construction costs for the design, construction, inspection, and management for the waterline installation to be $68,000.00 and $ 17,900.00 for the haul road construction. Mayor Dan Coody Page Two (2) March 11 , 2002 The final costs to the City will be based upon actual costs as documented by the Boys and Girls Club subject to review by the City and may, or may not exceed the bid price. However, the City's cost will not exceed $68,000.00 for the waterline and $ 17,900.00 for the haul road without additional authorization. Enclosures: Copy of Resolution No. 119-01 Construction Drawings (Reduced Scale) Contractual Agreement with the Boys & Girls Club Construction Bids by Nabholz Construction Co. Engineering Costs by EDA Purchase Requisition CONTRACTUAL AGREEMENT Z04V+ Marco, This Agreement, made and entered into thisiSs+d day of ,4 wil, 2002, by and between the City of Fayetteville, Arkansas (hereinafter called "City') and Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. of Washington County, (hereinafter called "Boys and Girls Club"), Witnesseth: WHEREAS, the Boys and Girls Club is a non-profit corporation established to serve recreational needs of Fayetteville's youth and adults; and WHEREAS, the City Council has agreed to "provide or pay for adequate water and sewer services to the Project" and "provide and/or pay for access road and haul road to the site" with the approval of Resolution No. 119-01 . WHEREAS, the City Council has allocated $ 124,000.00 in the 2001 Capital Improvement Program for the water installation to serve the Donald W. Reynolds Boys & Girls Club facility and the adjoining city park land. WHEREAS, the Donald W. Reynolds Boys and Girls Club with adjoining city park land will be a major and enduring asset for the City and citizens of Fayetteville. NOW, THEREFORE, the City of Fayetteville (City) and the Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. (Boys and Girls Club) agree as follows: 1 . Upon the Boys and Girls Club obtaining sufficient donations to receive the full grant from the Donald W. Reynolds Foundation and/or completing all other necessary actions to enable construction of the new Donald W. Reynolds Boys and Girls Club, (the Project) to commence, the City of Fayetteville agrees to: A. Pay for the actual documented construction costs and Engineering & Inspection Costs for the extension of an eight inch (8") waterline from Meadowlands Drive Rupple Road and a twelve inch ( 12") waterline along Rupple Road to the Boys and Girls Club. B. Pay a maximum-not-to-exceed cost of $68,000.00 for the afore mentioned waterline construction as was provided by the Boys & Girls Club's Contractor & Engineer and made a part of this agreement. C. Pay for the actual documented construction costs for the installation of a temporary twelve foot wide gravel haul road to the site for access during construction. Page 2 of 3 D. Pay a maximum-not-to-exceed cost of $ 17,900 for the afore mentioned haul road to the site for access during construction. E. Reconsider the costs if the future and actual construction & design prices exceed the maximum-not-to-exceed amounts that were furnished by the Boys & Girls Club's Contractor & Engineer. The contractual agreement shall be required to be reevaluated and re-approved by the Mayor and/or City Council as appropriate prior to proceeding with construction. F. Make all efforts to provide payment to the Boys and Girls Club within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. The Fayetteville Youth Center, Inc. d/b/a Fayetteville's Boys and Girls Club, Inc. agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water line extension and haul road installation. B. Provide a copy of the invoice(s) from the Contractor and a completed lien waiver executed by the Contractor upon acceptance of the water line extension and haul road installation. C. Not proceed with the proposed construction unless/until the proposed contractual agreement is approved by the City Council and signed by the Mayor. 3. It is further understood that the contract for construction is between the Fayetteville's Boys and Girls Club and their Contractor & Engineer and that the City has no contractual obligation with either the Contractor or the Engineer. The City's only obligation shall be to participate in a contractual agreement with a not-to-exceed amount of $68,000.00 for the waterline construction and a not-to-exceed amount of $ 17,900 for the haul road. I Page 3of3 IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE By: DAN COODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAYETTEVILLE YOUTH CENTER, INC. d/b/a FAYETTEVILLE BOYS & GIRLS CLUB, INC. By: MIKE HILL President of the Board of Directors Fayetteville Youth Center, Inc. FAYETTEVILLE THE CI Y OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8206 ENGINEERING DIVISION CORRESPONDENCE TO: Dan Coody, Mayor THRU: Greg Boettcher, Public Works Director Jim Beavers, City b Engineer FROM: Ron Petrie, Staff Engineer DATE: March 11, 2002 SUBJECT: Proposed Bid Waiver & Contractual Agreement in the amount of $68,000.00 with the Fayetteville Boys & Girls Club for the extension of water to the Donald W. Reynolds Facility and $17,900 for a temporary haul road. On August 21, 2001, the City Council approved a Contractual Agreement (Resolution No. 119-01) in which the City agreed to "provide and/or pay for adequate water and sewer service to the [Boys & Girls Club] Project " and "provide and/or pay for [an] access road and haul road to the site." In addition, there was $124,000.00 allocated for water & sewer extensions to serve this new facility and the adjoining park land in the 2001 Capital Improvement Program which has been roll -forwarded to the 2002 budget. The project construction drawings reflect that no public sewer extensions will be necessary to serve this project and that a large portion of the waterline is to be installed near the building and under the proposed parking lots and driveways. Therefore, it was determined that to avoid potential conflicts between two different contractors, the preferred situation would be to have the Boys and Girls Club's general contractor, Nabholz Construction, install the waterline & haul road and have their engineer, Engineering Design Associates, provide the design and construction inspection for the waterline. The Engineering Division has already designed the temporary haul road and will provide the construction inspection. Therefore, upon the recommendation of the Engineering Division, the City is requested to enter into a contractual agreement with the Boys and Girls Club in order for their contractor to construct the waterline & haul road that the City has previously agreed to provide. The Boys & Girls Club's Engineer & Contractor has provided the actual construction costs for the design, construction, inspection, and management for the waterline installation to be $68,000.00 and $17,900.00 for the haul road construction. Mayor Dan Coody March 11, 2002 Page Two (2) The final costs to the City will be based upon actual costs as documented by the Boys and Girls Club subject to review by the City and may, or may not exceed the bid price. However, the City's cost will not exceed $68,000.00 for the waterline and $17,900.00 for the haul road without additional authorization. Enclosures: Copy of Resolution No. 119-01 Construction Drawings (Reduced Scale) Contractual Agreement with the Boys & Girls Club Construction Bids by Nabholz Construction Co. Engineering Costs by EDA Purchase Requisition RESOLUTION NO. 119-01 C Dpy i A RESOLUTION TO APPROVE A CONTRACTUAL AGREEMENT WITH THE FAYETTEVILLE YOUTH CENTER, INC. TO BUILD INFRASTRUCTURE IMPROVEMENTS FOR ROAD, WATER, SEWER, AND PARKLAND DEVELOPMENT AND TO ENTER INTO A LEASE OF PARKLAND WITH THE FAYETTEVILLE YOUTH CENTER, INC. WHEREAS, the City of Fayetteville and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. have worked together to provide recreation for Fayetteville citizens for decades, and; WHEREAS, the City of Fayetteville desires to work with the Fayetteville Boys and Girls Club, Inc.. make the new Donald W. Reynolds Boys and Girls Club in Fayetteville become a reality by assisting with infrastructure and parkland improvements. NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas approves the Contractual Agreement between the City and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc., agrees to fund the infrastructure improvements pursuant to this Agreement, and agrees to enter into a long-term lease of parkland pursuant to Section 3 of the Agreement. Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Dan Coody to sign this Contractual Agreement which is attached as Exhibit A. PASSED and APPROVED this the 21St day of August, 2001. APPROVED: ATTEST: lk Planning Commission September /0, 2001 FPL0I-7 WI -KM Invest. Page 3.10 r RESOLUTION NO. 119-01 A RESOLUTION TO APPROVE A CONTRACTUAL AGREEMENT WITH THE FAYETTEVILLE YOUTH CENTER, INC, TO BUILD INFRASTRUCTURE IMPROVEMENTS FOR ROAD, WATER, SEWER, AND PARKLAND DEVELOPMENT AND TO ENTER INTO A LEASE OF PARKLAND WITH THE FAYETTEVILLE YOUTH CENTER, INC. WHEREAS, the City of Fayetteville and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. have worked together to provide recreation for Fayetteville citizens for decades, and; WHEREAS, the City of Fayetteville desires to work with the Fayetteville Boys and Girls Club, Inc. make the new Donald W. Reynolds Boys and Girls Club in Fayetteville become a reality by assisting with infrastructure and parkland improvements. NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: • . Section 1. That the City Council of the City of Fayetteville, Arkansas approves the Contractual Agreement between the City and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc., agrees to fund the infrastructure improvements pursuant to this Agreement, and agrees to enter into a long-term lease of parkland pursuant to Section 3 of the Agreement. Section 2. That the City Council of the City of Fayetteville, Arkansas authorizes Mayor Dan Coody to sign this Contractual Agreement which is attached as Exhibit A. PASSED and APPROVED this the 21st day of August, 2001. ATTEST: By: eather Woodruff, city Clerk APPROVED: her %�i/i lk Planning Commission September 10, 2001 FPL0I -7 WHM Invest. C If� I IB JI 4 U 5 MP \/00-0L99- I0\0L89- t 0\S103ro d\ ; U F I• 1 I,� I Y_ III S3 I., _l . 8 II ; IIt—'-. III , .,,mow -ti." p , , I.. I . 4 I 1 4. I 1 1 • ` 1 1 1 I i•• ; I 1 IC I .• C 'l• I'•. • • _ -J - _ - _- - :- - _ •__ _ __- - - -_ _- •T 1L •. • .•• • _ ..• ------:_ { J�r.._�� Jam_ • 31 Lit 3+ �e I C • EXHIBIT1A1 CONTRACTUAL AGREEMENT copy This Agreement, made and entered into this 22nd day of August, 2001, by and between the City of Fayetteville, Arkansas, (hereinafter called "City") and Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. of Washington County, (hereinafter called "Boys and Girls Club"), Witnesseth: WHEREAS, Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. is a non-profit corporation established to serve recreational needs of Fayetteville's youth and adults; and WHEREAS, the City has previously committed to build certain infrastructure in support of the construction of the new Donald W. Reynolds Boys and Girls Club facility (hereinafter called "the Project"); and WHEREAS, the City's Planning Commission has approved the plat for development of the Project based upon the City's assurances it would provide street, water and sewer necessary to serve this Project; and WHEREAS, the City Council affirmed the Planning Commissions approval and has already budgeted funds to construct some of the necessary infrastructure; and WHEREAS, the Donald W. Reynolds Foundation desires to have an executed agreement formalizing the City's support (through infrastructure improvements) of the Project; and WHEREAS, the Donald W. Reynolds Boys and Girls Club with adjoining city park land will be a major and enduring asset for the City and citizens of Fayetteville. NOW, THEREFORE, the City of Fayetteville (City) and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and -Girls Club, Inc. (Boys and Girls Club) agree as follows: Upon the Boys and Girls Club obtaining sufficient donations to receive the full grant from the Donald W. Reynolds Foundation and completing all other necessary actions to enable construction of the new Donald W. Reynolds Boys and Girls Club, (the Project) to commence, the City of Fayetteville agrees to: A. Provide and/or pay for access road and haul road to the site. M B. Provide or pay for adequate water and sewer service to the Project. CD C. Pay for development of the park land it owns near the Planning Commission September 10, 2001 FPLOI-7 WHM Invest. Page 3.11 • EXHIBITA... ... Res. 119-01 4 Project. Such development shall include realignment of the intermittent stream to the edge of the property, construction of two lighted playing fields, a trail around the edge of the property and a parking lot on the property. The City shall meet these obligations by advancing $395,000.00 in 2001 or when requested, an additional $250,000.00 in 2002 or when requested and an additional $430,000.00 in the first seven months of 2003. With these payments, the city is purchasing development services from the Boys and Girls Club and the Boys and Girls Club will be responsible for the development described above. D. The City is not required to commence design or construction of its commitments until the Boys and Girls Club, Inc. has fully completed its financing program for the Project. The City shall not be required to commence any bidding or construction of the infrastructure until the Boys and Girls Club has awarded a construction contract for the Project. 2. 3. The Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. agrees: A. To continue its diligent efforts to raise the necessary $1,852,083.00 in private donations in order to secure the receipt of the full Donald W. Reynolds Foundation Grant and begin construction. B. To timely inform the Donald W. Reynolds Foundation of agreements reached with the City to support this Project and request approval or needed changes of such agreements to satisfy the Reynolds Foundation concerns about the feasibility of this Project. C. To complete the construction of the Project in substantial compliance with the Preliminary Plat and in coordination with the City's construction of infrastructure and development of its park land adjacent to the Project. The City and the Boys and Girls Club agree to enter into a long term lease for the park land. Citizens, who are not members, shall be allowed to use the entire facility for a nominal daily use fee. The Boys and Girls Club will not charge citizens to be present on the park land (other than the playing fields); however, the Boys and Girls Club has the responsibility to schedule events on the park land. The playing fields shall be game fields and use must be scheduled through the Boys and Girls Club. Unaffiliated groups that appropriately meet the criteria for use of the game fields will be allowed to Planning Commission September 10, 2001 FPLOI-7 WHM Invest. Page 3.12 m x 2 CO -A 0 Ma ■ A Res. 119-01 schedule use of the fields for a fee that is based on the operation and maintenance costs of the fields. The Boys and Girls Club may close the playing fields during any period for the protection of the condition of the playing surface. The Boys and Girls Club shall be responsible for scheduling and maintaining the park land. Restroom facilities with outside access shall be available during club hours to the general public and shall be available to specific field users at all scheduled times of use. The Boys and Girls Club will open its facility to the public without costs on specific scheduled days announced in advance of such times. The facility shall be open to the public without costs for a minimum of four days each calendar year beginning in year 2004. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE FAYETTEVILLE YOUTH CENTER, INC. d/b/a/ FAYETTEVILLE BOYS & GIRLS CLUB, INC. By: ,6L 4s •DkNTh.-COODY, May city By: OM- STOCKLAND President of the Board of Directors Fayetteville Youth Center Planning Commission September 10, 2001 FPL0I-7 WHM Invest. Page 3.13 m x 00 • EXHIBIT A Res. 119-01 CONTRACTUAL AGREEMENT This Agreement, made and entered into this 22^d day of August, 2001, by and between the City of Fayetteville, Arkansas, (hereinafter called "City") and Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. of Washington County, (hereinafter called "Boys and Girls Club"), Witnesseth: WHEREAS, Fayetteville Youth Center, Inc. d/b/a Fayetteville Boys and Girls Club, Inc. is a non-profit corporation established to serve recreational needs of Fayetteville's youth and adults; and WHEREAS, the City has previously committed to build certain infrastructure in support of the construction of the new Donald W. Reynolds Boys and Girls Club facility (hereinafter called "the Project"); and WHEREAS, the City's Planning Commission has approved the plat for development of the Project based upon the City's assurances it would provide street, water and sewer necessary to serve this Project; and WHEREAS, the City Council affirmed the Planning Commission's approval and has already budgeted funds to construct some of the necessary infrastructure; and WHEREAS, the ,Donald W. Reynolds Foundation desires to have an executed agreement formalizing the City's support (through infrastructure improvements) of the Project; and WHEREAS, the Donald W. Reynolds Boys and Girls Club with adjoining city park land will be a major and enduring asset for the City and citizens of Fayetteville. NOW, THEREFORE, the City of Fayetteville (City) and the Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and'Girls Club, Inc. (Boys and Girls Club) agree as follows: Upon the Boys and Girls Club obtaining sufficient donations to receive the full grant from the Donald W. Reynolds Foundation and completing all other necessary actions to enable construction of the new Donald W. Reynolds Boys and Girls Club, (the Project) to commence, the City of Fayetteville agrees to: A. Provide and/or pay for access road and haul road to the site. B. Provide or pay for adequate water and sewer service to the Project. C. Pay for development of the park land it owns near thee Planning Commission September 10. 2001 FPLO1-7 WHM Invest. D,...- 2 / / m Z DJ -I. • • EXHIBIT A U •Res. 119-01 Project. Such development shall include realignment of the intermittent stream to the edge of the property, construction of two lighted playing fields, a trail around the edge of the property and a parking lot on the property. The City shall meet these obligations by advancing $395,000.00 in 2001 or when requested, an additional $250,000.00 in 2002 or when requested and an additional $430,000.00 in the first seven months of 2003. With these payments, the city is purchasing development services from the Boys and Girls Club and the Boys and Girls Club will be responsible for the development described above. D. The City is not required to commence design or construction of its commitments until the Boys and Girls Club, Inc. has fully completed its financing program for the Project. The City shall not be required to commence any bidding or construction of the infrastructure until the Boys and Girls Club has awarded a construction contract for the Project. 2 The Fayetteville Youth Center, Inc. d/b/a/ Fayetteville Boys and Girls Club, Inc. agrees: A. To continue its diligent efforts to raise the necessary $1,852,083.00 in private donations in order to secure the receipt of the full Donald W. Reynolds Foundation Grant and begin construction. B. To timely inform the Donald W. Reynolds Foundation of agreements reached with the City to support this Project and request approval or needed changes of such agreements to satisfy the Reynolds Foundation concerns about the feasibility of this Project. C. To complete the construction of the Project in substantial compliance with the Preliminary Plat and in coordination with the City's construction of infrastructure and development of its park land adjacent to the Project. 3. The City and the Boys and Girls Club agree to enter into a long term lease for the park land. Citizens, who are not members, shall be allowed to use the j" n entire facility for a nominal daily use fee. The Boys and Girls Club will not charge citizens to be present on the park land (other than the playing fields); however, the Boys and Girls Club has the responsibility to schedule events on the park land. The playing fields shall be game fields and use must be scheduled through the Boys and Girls Club. Unaffiliated groups that appropriately meet the criteria for use of the game fields will be allowed rn D Panning Commission September 10. 2001 FPLOI-7 WHM Invest. I • A Res. 119-01 schedule use of the fields for a fee that is based on the operation and maintenance costs of the fields. The Boys and Girls Club may dose the playing fields during any period for the protection of the condition of the playing surface. The Boys and Girls Club shall be responsible for scheduling and maintaining the park land. Restroom facilities 'ties with outside access shall be available during dub hours to the general public and shall be available to specific field users at all scheduled times of use: The Boys and Girls Club will open its facility 'ty to the public without costs on specific scheduled days announced in advance of such times. The facility 'ty shall be open to the public without costs for a minimum of four days each calendar year beginning in year 2004. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE . FAYETIEVILLE YOUTH CENTER, INC. d/b/a/ FAYEITEVILLE BOYS & GIRLS CLUB, INC. By: -374 Dft! tOODY, May By: OM STOCIQ AND President of the Board of Directors 'Fayetteville Youth Center m x ID Planning Commission September 10. 2001 FPLO1-7 WHM Invest. C 03/08/2002 08:04 FAX 501 756 2129 ENGINEERING DESIGN ASS0C j001 S'7f-QVLZ WNGINEERING DESIGN ASSOCIATES, P.A. • 134 WEST EMMA AVENUE SPRINDDALE, ARKANSAS 72764 501-750-1266 FAX: 50 I -756-2 129 March 7, 2002 Mr. Ron Petrie City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Water Main Extension Fayetteville Boys and Girls Club Fayetteville, Arkansas Drainage Revisions Mr. Petrie: Attached is a cost estimate for labor and materials to extend a water main to the new Fayetteville Boys and Girls Club. I am also recommending that a 10% contingency to be added to the total to cover any unknowns that may arise. Please free to call me if you have any questions or need additional information. Sincerely, Steve A. Hesse Professional Engineer xc: Hanna McNeill (via fax: 444-6205) file 03/08/2002 09:25 FAX 501 756 219 ENGINEERING DESIGN ASSOC. O002 PROJECT: WATER MAIN EXTENSION - FAYETTEVILLE BOYS & GIRLS CLUB rev. 03-08-02 ITEM TOTAL UNIT TOTAL NO. ITEM DESCRIPTION QUANTITY UNIT COST COST 1 8" PVC Water Main 854 LF 21.40 $18,275.60 2 12" PVC Water Main 693 LF 27.75 $19,230.75 3 Misc. Fittings 726 LB 4.00 $2904.00 4 8" Gate Valve 2 EA 920.00 $1,840.00 5 12" Butterfly Valve 4 EA 1,220.00 $4,880.00 6 Fire HydrantHydrantAssembly 2 EA 2,100.00 $4,200.00 7 Rock Excavation 30 CY 150.00 $4,500.00 8 Payment and Performance Bond (1%) 1 LS 909.65 $909.65 Subtotal: $56740.00 9 10% Contingencies 1 LS 5,674.00 $5,674.00 10 Engineering & Observation 1 LS 5,500.00 $5,500.00 rand Total: $67,914.00 1 Easement acquisition / documents Engineering Design Associates, P.A. 134 West Emma Avenue Springdale, AR 72764 756-1266 03/08/2002 09:26 FAX 501 756 2 ENGINEERING DESIGN ASSOC 2J 004 'ENT BY: UPCHURCH ELECTRICAL SUP P 0IIP.; 5015218873; MAR-7-db4:48; PAGE 3/3 wa TnTal O Q4 03/08/2002 09:26 FAX 501 756 2129 ENGINEERING DESIGN ASSOC JO05 •ENT Wi: UPCHURCH ELECTRICAL SUPWCOUP;. 5015218873; IMAR-7-14:45; PAGE 2/3 REGHIVEO: / 7/02 0127; -'.UPtauJNCfl •{.eu•nsuas. •urr.• w -. a. ...y 2002 09:34 NRBH0.2 CowmiCTIGN 1 501 671 0286 P.02✓63 - J. •moo 03/08/2002 08:04 FAX 501 756 March 7, 2002 Mr. Ron Petrie City of Fayetteville 113 West Mountain Fayetteville, AR 72701 9 ENGINEERING DESIGN ASSOC ENGINEERING DESIGN ASSOCIATES, P.A. 134 WESr EmmA AVENUE SPRINOOALE, ARKANSAS 72764 501-750-I 266 FAX: 501-758-212Q RE: Water Main Extension Fayetteville Boys and Girls Club Fayetteville, Arkansas Drainage Revisions Mr. Petrie: i o01 S77 jr-6 L Z Attached is a cost estimate for labor and materials to extend a water main to the new Fayetteville Boys and Girls Club. I am also recommending that a 10% contingency to be added to the total to cover any unknowns that may arise. Please free to call me if you have any questions or need additional information. Sincerely, Steve A. Hesse Professional Engineer xc: Hanna McNeill (via fax: 444-6205) file 03/08/2002 09:25 FAX 501 756 �9 ENGINEERING DESIGN ASS0C Q 002 SCHEDULE OF VALtJES PROJECT: WATER MAIN EXTENSION - FAYETTEVILLE BOYS & GIRLS CLUB rev. 03-08-02 ITEM TOTAL UNIT TOTAL NO. ITEM DESCRIPTION QUANTITY UNIT COST COST 1 8" PVC Water Main 854 LF 21.40 $18,275.60 2 2" PVC Water Main 693 LF 27.75 $19,230.75 3 isc. Fittings 726 LB 4.00 $2,904.00 4 "Gate Valve 2 EA 920.00 $1840.00 5 12" Butterfly Valve 4 EA 1220.00 $4,880.00 6 Ire HydrantHydrantAssembly 2 EA 2,100.00 $4,200.00 7 ock Excavation 30 CV 150.00 $4,500.00 8 ayment and Performance Bond (1%) 1 LS 909.65 $909.65 ubtotal: $56740.00 9 0% Contingencies 1 LS 5,674.00 $5674.00 10 ngineering & Observation 1 LS 5,500.00 $5,500.00 rand Total: $67,914.00 ot included items: 1) Easement acquisition! documents Engineering Design Associates P.A. 134 West Emma Avenue Springdale, AR 72764 56-1266 03/08/2002 09:26 FAX 501 758 9199 ENGINEERING DESIGN ASS0C 1004 ENT BY: UPCHURCN ELECTRICAL SUP. C01P; 5015218873; MAR -714:48; PAGE 3/3 RtCEIVHO: 31 7/02 0127; -,,l! 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F O lu N FW- d D 00 00 com i O O y a. c V• 0 C E Co iy .. m as O a N LL m Y C r N d a f°- U a g O y W fl J 5 0 0 0 0 0 0 0 0 0 0 0 0 } 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 0 0 m a 0 o_ S 1A f9 Vi Vi 5 df 19 f9 M c) LlJ XLL tD ^ W di t = o >, < CoC Co C 'o LL a m s c� o 0. n o O E a. I i H ! I wI I -CD CI c In .11 C _ - N tit N i E m c9! I y o N! It d 4) p c n r E C) IL m l pNN m ! C Hic .1 N t7 Q 1n I tD I- CO r — U K a I I� - _ _ _ J N • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 19, 2002 FROM: Ron Petrie Engineering Public Works Name Division Department ACTION REQUIRED: An ordinance waiving the requirements of formal competitive bidding and approving a contractual agreement between the City of Fayetteville and the Fayetteville Youth Center, Inc. in the amount of $68,000.00 to provide water service to the Donald W. Reynolds Boys and Girls Club facility and $17,900 fora temporary haul road. COST TO CITY: $ 17,900.00 (Haul Road) $ 68,000.00 (Waterline) Cost of this Request t 4470-9470-5809-00 4470-9470-5808-00 Account Number 01013-0060 01013-0040 Project Number $ 124,000.00 Category/Project Budget 0.00 Funds Used To Date $ 124,000.00 Remaining Balance Bo s & Girls Club Impr. Category/Project Name Water/Sewer&StreetImp Program Name Sales Tax Capital Improv. Fund BUDGET REVIEW: X Budgeted Item _ Budget Adjustment Attached —Il-o1 B g anager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Purchasing Officer Date GRANTING AGENCY: 25avZ- Internal itor Dale ADA Coordinator Date Grants Coordinator Date STAFF RECOMMENDATION: Approval of the bid waiver & contractual agreement in the amount of $68,000.00 and $17,900.00 for the above described construction. Cross Reference New Item: Yes x No _ Prev Ord/Res #: Orig Contract Date: Orig Contract Number: STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 19.2002 FROM: Ron Petrie Name Engineering Public Works Division Depaitiaient ACTION REQUIRED: An ordinance waiving the requirements of formal competitive bidding and approving a contractual agreement between the City of Fayetteville and the Fayetteville Youth Center, Inc. in the amount of $68,000.00 to provide water service to the Donald W. Reynolds Boys and Girls Club facility and $17,900 for a temporary haul road. COST TO CITY: $ 17,900.00 (Haul Road) $_68,000.00(Waterline) Cost of this Request 4470-9470-5809-00 4470-9470-5808-00 Account Number 01013-0060 01013-0040 $_124,000.00 Sales Tax Capital Improv. Project Number Remaining Balance Fund BUDGET REVIEW: X Budgeted Item ____Budget Adjustment Attached Budget Manager Administrative Services Director $ 124.000.00 Category/Project rojec�get $ 0.00 Funds Used To Date Bo s & Girls Club Im r. Category/Project Name Water/Sewer & Street Imp Program Name CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date City Attorney Date Purchasing Officer Date GRANTING AGENCY: Internal Auditor Date ADA Coordinator Date rants Coordinator Date STAFF RECOMMENDATION: Approval of the bid waiver & contractual agreement in the amount of $68,000.00 and $17,900.00 for the above described construction. &LU.(�m 09-11-02 Di tston ea Date Department Director Date Administrative Services Director Date Mayor Date Cross Reference New Item: Yes x No _ Prev Ord/Res #: Orig Contract Date: Orig Contract Number: STAFF REVIEW FORM Description Boys & Girls Club Facility Water/Haul Road Meeting Date March 19.2002 Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator FAYETTEVItLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ron Petrie, Engineering From: Heather Woodruff, City Clerk Date: March 21, 2002 Please find attached a copy of Ordinance No. 4383 waiving competitive bidding and approving a contractual agreement with the Fayetteville Youth Center, Inc. to pay for construction of a water line and for construction of a temporary haul road. I am returning two (2) original agreements. The third original will be microfilmed and filed with the City Clerk. Your purchase requisition has been forwarded to Nancy Smith, Internal Audit. cc: Nancy Smith, Internal Audit Peggy Vice, Purchasing Jim Beavers, City Engineer 010 03 City of Fayetteville 4/18/2002 Update Index Maintenance 11:36:31 Document ItaAction 0 Reference Date Ref. Taken Brief Description ORD 3192002 4383 FAYETTEVILLE YOUTH CENTER, INC. Enter Keywords........: ORD. 4383 WAIVE FORMAL COMPETITIVE BIDDING CONTRACTUAL AGREEMENT FAYETTEVILLE YOUTH CENTER INC $68,000.00 WATERLINE File Reference #......: MICROFILM Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: Retention Type: **** Active **** Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.