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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.