HomeMy WebLinkAboutOrdinance 4469 ORDINANCE NO. 4469
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH NARENDRA KRUSHIKER IN THE AMOUNT
OF $23,173.70 TO INSTALL 650 FEET OF 8-INCH WATER MAIN
NORTH FROM SIXTH STREET; AND APPROVING A TEN
PERCENT (10%) PROJECT CONTINGENCY.
WHEREAS, the Fayetteville Planning Commission has approved the Large Scale
Development of a new Hampton Inn adjacent to the University Square Shopping Center, and;
WHEREAS, as part of the project, the developer, Narendra Krushiker is required to extend
an 8-inch water main across the building site in order to connect to an existing City line, and;
WHEREAS, the existing City water line is badly deteriorated and in need of replacement,
and;
WHEREAS, entering into a cost-share agreement with Narendra Krushiker and utilizing his
engineer and contractor will avoid the added cost and unnecessary duplication of effort which
would arise from the formal competitive bidding process, and;
WHEREAS, the City Council finds that such circumstances constitute an exceptional
situation where competitive bidding is not feasible or practical.
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 waives the
requirements of formal competitive bidding and approves a cost-share agreement with Narendra
Krushiker in the amount of $23,173.70 to install 650 feet of 8-inch water line north from Sixth Street.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a ten
percent (10%) project contingency.
e .
-XAELS)ED AND APPROVED this 18th day of March, 2003.
f APPROVED•
• `i : . By:
DAN COOD , Mayor
AI nE T '9t�
row , ru\
SONDRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this � ,` \ ) d ) 3 , by and between the City
of Fayetteville, Arkansas and Narendra Krushiker, Witnesseth:
WHEREAS, Narendra Krushiker has hired a contractor to construct approximately 300
feet of 8" water main to complete a loop and additional waterlines to provide fire protection for
the construction of a new hotel; and
WHEREAS, the City has an existing 6" water main that will be connected to with this
development; and
WHEREAS, approximately 650 feet of the existing line was found to be deteriorated;
and
WHEREAS, it will benefit both parties to replace this portion of water main at the same
time by the same contractor.
NOW, THEREFORE, the City of Fayetteville and Narendra Krushiker agree as follows:
1 . Upon the City Council approving the Water Main Cost-Share, the City of
Fayetteville agrees to:
A. Pay for the actual documented construction costs & inspection costs for
approximately 650 L.F. of 8" water main from Highway 62 (Sixth St.)
north to the northwest comer of the University Square Shopping Center as
shown on the plans prepared by Narendra Krushiker's Engineer.
B. Pay a maximum-not-to-exceed cost of $25,491 .00 for the afore mentioned
water main construction as was provided by Narendra Krushiker's
Engineer and made a part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
prices exceed the maximum-not-to-exceed amount that was furnished by
Narendra Krushiker's 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.
D. Make all efforts to provide payment to Narendra Krushiker within thirty
(30) days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Narendra Krushiker agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable water main 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 main
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 Narendra
Krushiker and his 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
$25,491 .00 for the water main installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE NARENDRA KRUSHIKER
C.
By: By:
DAN COODY, Mayor
ATTEST:
By XU00441w2
City Clerk
NAME OF FILE: Ordinance No. 4469
CROSS REFERENCE:
Item # Date Document
1 03/04/02 Ord. No. 4469 w/contract
2 02/20/03 Staff Review Form w/attachments:
memo to mayor/city council
site maps (2)
copy check request
draft ordinance
3 03/10/03 memo to Matt Casey
NOTES:
FAYETTEVRLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Matt Casey
Engineering Division
From: Clarice Buffalohead-Pearman`''
City Clerk Division
Date: 3/20/2003
Re: Ord. No. 4469
Attached please find an executed copy of the above ordinance .passed by the City Council on
March 18, 2003, waiving the requirements of formal competitive bidding, and approving a cost-
share agreement with Narendra Krushiker in the amount of $23, 173.70 plus contingency.
I am returning to you three executed original contracts. One original contract will be microfilmed
and filed with the city clerk's office. If anything else is needed please let the city clerk's office
know.
/cbp
cc: Nancy Smith, Internal Auditor
• STAFF REVIEW FORM • /'� � 3I�SIGW�
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of : March 18,2003
FROM :
Matt Casey Engineering Community Planning and Engineering
Name Division Department
ACTION REQUIRED : Approval of a cost-share and bid waiver in the amount of $ 25491 .00 with Narendra
Krushiker for the construction of approximately 650 feet of 8" water main.
COST TO CITY :
$25,491 .00 $ 176,380.00 Water & Sewer Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
5400.5600. 5808.00 $ 26,380.00 Water & Sewer Improvements
Account Number Funds Used to Date Program / Project Category Name
02067 $ 1503000.00 Water & Sewer Fund
Project Number Remaining Balance Fund Name
BUDGET REVIEW�: / X Budgeted Item Budget Adjustment Attached
Budget ManagogS Date Administrative Services Director Date
CONTRACT/GRANT"l)LEASE REVIEW: GRANTING AGENCY :
Accounting Manager n Date Internal A itor Date
5� 6� F F i.rL �O�j eL
A�wv s' uL r . bit- C+ -. A- ev'd Aeekl alc
City AttorneyDate_ Z ADA Coordinator Date
Purchasing Manager Date Grant Coordinator Date
STAFF ME
RECOOM�� NDATION : Staff recommends approval of the cost share and bid waiver.
y/oi , `O;,/ /1-03 Cross Reference
Div sion Head Date
- New Item : Yes No
Department Director Date Previous Ord/Res # :
y-� Orig . Contract Date
Admini tive e,, /d ,y Date
Orig . Contract Number
Mayor Date
• Staff Review Form - Page 2 •
Description Narendra Krushiker Water Line Replacement Cost-Share Meeting Date March 18,2003
Comments : Reference Comments :
Budget Manager
Accounting Manager
a�tC 1S ✓hai
JLL aI L/D L& A / l ally Q0,4lc--e- cn A4
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
TO: Mayor Dan Coody
Fayetteville City Council
THRU: Tim Conklin, Director CPE�G'
Jim Beavers, Engineering
FROM: Matt Casey, Staff Engineer
DATE: February 12, 2003
Proposed Cost Share in the amount of $25,491.00 with Narendra Krushiker for the
installation of approximately 650' of 8" water main from Sixth Street to the north.
BACKGROUND :
The large scale development for the Hampton Inn is located on the northwest comer of
Sixth Street and I-540 behind the University Square Shopping Center. As a part of this
development, the developer is extending an 8" water line across the site to connect with
an existing water line that is on the west side of the shopping center.
The Engineering Division was informed by David Jurgens of the Water and Sewer
Division that the existing line that the developer will be connecting to is in very poor
condition. The line is deteriorating, and there have been numerous repairs over the past
few years on it. The developer, who also owns the adjacent shopping center on which the
line is located, has agreed to include this water main replacement in the construction of
his required improvements.
CURRENT STATUS:
On August 3, 2002, the Planning Commission approved the Large Scale Development for
the Hampton Inn. The site grading has begun for the project, but construction of the new
waterline is on hold until the cost-share has been discussed by the City Council.
RECOMMENDATION :
Staff recommends that the City cost-share with Narendra Krushiker to construct the 650
feet of 8" water main to replace the existing line along this property. The City will be
paying for the replacement of the existing line and the developer will pay for the new
mains to serve the development. Construction bid amounts have been provided to the
City for these improvements by Mr. Krushiker's engineer as follows:
City $ 23, 173 .70
Narendra Krushiker $ 30,794.50
Total $ 53,968.20
An additional 10% has been added to the construction cost as a contingency in case of
unforeseen construction issues. With the addition of the $2,317.30 contingency, the total
requested funds for the cost share is $25,491 .00.
Based upon the information provided by the Budget & Research Division, there is a
remaining balance of $ 150,000.00 in the Water and Sewer Cost Sharing Account.
The final costs to the City will be based upon actual costs as documented by Narendra
Krushiker subject to review by the City and may, or may not exceed the submitted bid
amount. However, the City's share will not exceed the bid amount without additional
authorization.
Enclosures:
Staff Review Form
Vicinity Map
Construction Drawing
Cost-Share Agreement
Purchase Requisition
Vendor Request Form
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