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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 N �1 h i I w o� w rsn+ ST Vicinity Map NOT TO SCALE zt F7rF j 1 , I I �- EXISTING WATERLINE r f I , °� j P PROPOSED I f I i WATERLINE j I I (CITY PORTION)i r' r' h I IL .. ` l' _ ry UNIVE� SQURSITY V y n PROPOSED WATERLINE " nr. • .. r I r (DEVELOPER'S PORTION) >'1 f r _ _,_•- will PROPOSED EXISTING WATERLINE 1 .� ry. ml Y WATERLINE ¢;;' 3 sr (TO BE ABANDONED) r (CITY PORTION) j i 'f' + "7•- .�?!s '� I. fir.: y d t� T i PROPOSE STREET llb .P ,n�?" C+� pr � 210yx➢1++41f+n .r r . • .f — a ' udT rM 411llk at.." 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