HomeMy WebLinkAboutOrdinance 4472 ORDINANCE NO. 4472
AN ORDINANCE WAIVING THE REQUIREMENTS OF 'F0MAt.
COMPETITIVE BIDDING AND AUTHORIZING THE CITY TO PAY
JED DEVELOPMENT, INC. UP TO $55,095 .43 AS THE CITY'S
PORTION OF A COST SHARE FOR THE CONSTRUCTION OF
ABOUT 300 FEET OF A 28 FOOT WIDE STREET WITH STORM
DRAINAGE AND SIDEWALKS
WHEREAS, the City of Fayetteville Planning Commission required an extension of Vanike
Drive from Crystal Springs Subdivision to Deane Solomon Road for improved transportation
connectivity; and
WHEREAS, the City Council of the City of Fayetteville approved entering into a cost share
agreement with JED Development to pay one-half of the cost of this extension over city property to
provide improved connectivity for city residents; and
WHEREAS, the City Council of the City of Fayetteville determines that it is financially
preferable to allow JED Development's contractor to build this portion of the street, drainage and
sidewalks along with the much longer portion of road construction within the Crystal Springs
Development; and
WHEREAS, the City Council of the City of Fayetteville determines that this is an exceptional
situation in which the normal competitive bidding procedure is deemed not feasible or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTE VILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby declares that
an exceptional situation in which the normal competitive bidding procedure is not feasible or practical
exists and therefore waives the requirements of competitive bidding for this cost share agreement.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the
Contractual Agreement with JED Development, Inc. (attached as Exhibit A) in the amount of up to
$55,095 .43 as the City's portion of a cost share to extend Vanike Drive through City property to Deane
Solomon Road.
PASSED and APPROVED this the I " day of April, 2003.
APPROVE
B
t y DAN COODY, May
.fl\
By:
Sondra Smith, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this -e , by and between the City
of Fayetteville, Arkansas and JED Development, Inc., itnesseth:
WHEREAS, JED Development, Inc., has hired a contractor to construct phase 3 of the
Crystal Springs Subdivision; and
WHEREAS, The developer was required to extend a street to Deane Soloman Rd. to
provide connectivity and adequate traffic flow for the development; and
WHEREAS, On November 19, 2002, the Fayetteville City Council authorized the
construction of this street through City property and exempted this corridor from the Clabber
Creek Buffer, and
WHEREAS, it would benefit the City of Fayetteville to provide this connection between
Deane Soloman Road and Salem Road across the City's property;
NOW, THEREFORE, the City of Fayetteville and JED Development, Inc., agree as
follows:
1 . Upon the City Council approving the Street and Storm Drainage Cost-Share, the
City of Fayetteville agrees to:
A. Pay for 50% of the actual documented construction costs for
approximately 300 L.F. of 28 ' wide street, 4' sidewalks and associated
storm drainage as shown on the plans prepared by the engineer for JED
Development, Inc.
B. Pay a maximum-not-to-exceed cost of $55,095.43 for the afore mentioned
street and stone drain construction as was provided by the engineer for
JED Development, Inc. 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
the engineer for JED Development, Inc. 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 JED Development, Inc. within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. JED Development, Inc. agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable street and storm drain
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 street, storm
drain and sidewalk construction.
C. Not to 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 JED
Development, Inc. 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 $55,095.43 for the street and storm drain installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE JED Development, Inc.
By: By:
DAN COODY, Mayor
E�tE`
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City erk
NAME OF FILE: Ordinance No. 4472
CROSS REFERENCE:
Item # Date Document
1 03/04/03 10rd. 4472 w/Ex. A
2 02/19/03 Staff Review Form w/attachments:
memo to mayor/city council
draft ordinance
vicinity map
Milholland survey
tabulation of bids
copy of purchase requisition
copy of vendor no. request
3 04/08/03 I memo to Matt Casey
NOTES:
1
FAYETTE`I LLE
TXE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Matt Casey
Engineering Division
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: 4/8/03
Re: Ord. 4472
Attached please find an executed copy of the above referenced ordinance along with three copies
of the original contract, check request and vendor file request. The one original contract will be
microfilmed and filed in the city clerk's office with the ordinance. If anything else is needed
please let the city clerk's office know.
/cbp
cc: Nancy Smith, Internal Auditor
• STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of : Aprill , 2003
FROM :
Matt Casey Engineering Community Planning and Engineering
Name Division Department
ACTION REQUIRED : Approval of an ordinance authorizing a cost-share and bid waiver in the amount of
$55,095.43 with JED Development, Inc. for the construction of approximately 300 feet of 28' wide street with
storm drainage and sidewalks.
COST TO CITY :
$553095.43 $ 350,000.00 Street ROW / Intersection/ Cost Sharing
Cost of this request Category/ Project Budget Program Category / Project Name
4470.9470.5809.00 $ - Street Improvements
Account Number Funds Used toDateProgram / Project Category Name
02116 $ 350,000.00 Sales Tax Capital Improvements
Project Number Remaining Balance Fund Name
!/BUDGET VIEW : X Budgeted Item Budget Adjustment Attached
Budget Manager Date Administrative Services Director Date
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
/qla 3 y 3
Accounting Manager fDate'/`J-'� Internal ALT
' tor Date
City Att t
rney Date ADA Coordinator Date
-� � �CtA
Purchasing Manager Date Grant Coordinator Date
STAFF RECOMMENDATION : Staff recommends approval of the ordinance for the cost share and bid waiver.
Cross Reference
Division Head Date
New Item : Yes No
Deq6rpe Directo C Date Previous Ord/Res # :
/'am 1LJ ( 7 Orig . Contract Date
Admini ative SwvicesD ' rector Date
3 Orig . Contract Number
Mayor a e
• Staff Review Form - Page 2 •
Description JED Development, Inc. Steet Cost-Share Meeting Date April 1 , 2003
Comments : Reference Comments :
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor 0 � ✓ � s �M 14ea
�u r • I�e � , - "-4� DtU ✓4
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 CPE1
Jim Beavers, Engineering
FROM: Matt Casey, Staff Engineer
DATE: March 17, 2003
Proposed Cost Share in the amount of $55,095.43 with JED Development, Inc. for
the installation of approximately 300' of street, sidewalk and storm drain from
Crystal Springs Ph. III to Deane Soloman Road
BACKGROUND:
This proposed subdivision is located north of Mt. Comfort Rd. between Deane Soloman
Rd. and Salem Road. As a part of this development, the developer will be constructing
streets and storm drainage for a residential subdivision.
The Fayetteville Planning Commission required the developer to extend a street through
City Property to Deane Soloman Road to provide adequate connectivity and traffic flow
for the development. On November 19, 2002, the Fayetteville City Council approved a
resolution to exempt this portion of the buffer strip along Clabber Creek for the
construction of this roadway extension.
CURRENT STATUS:
On January 13, 2003 the Planning Commission approved the Preliminary Plat for the
Crystal Springs Phase III Subdivision. The developer is waiting for the approval of this
cost-share before proceeding with submitting construction plans for City review.
RECOMMENDATION:
Staff recommends that the City cost-share with JED Development, Inc. to construct
approximately 300' of 28 ' wide street with sidewalks and storm drains. Construction bid
amounts have been provided to the City for these improvements by JED Development,
Inc. 's engineer as follows:
City $ 50,086.75
JED Development, Inc. $ 50,086.75
Total $ 100, 173 .50
An additional 10% has been added to the construction cost as a contingency in case of
unforeseen construction issues. With the addition of the $5,008.68 contingency, the total
requested funds for the cost share is $55 ,095.43 .
Based upon the information provided by the Budget & Research Division, there is a
remaining balance of $350,000.00 in the Street ROW/Intersection/Cost Sharing Account.
The final costs to the City will be based upon actual costs as documented by JED
Development, Inc. subject to review by the City and may not exceed the submitted bid
amount without additional approval from the City Council.
Enclosures:
Staff Review Form
Vicinity Map
Construction Drawing
Cost-Share Agreement
Purchase Requisition
Vendor Request Form
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND AUTHORIZING
THE CITY TO PAY JED DEVELOPMENT, INC UP TO
$55,095.43 AS THE CITY'S PORTION OF A COST SHARE
FOR THE CONSTRUCTION OF ABOUT 300 FEET OF A
28 FOOT WIDE STREET WITH STORM DRAINAGE AND
SIDEWALKS
WHEREAS, the City of Fayetteville Planning Commission required an extension of Vanike
Drive from Crystal Springs subdivision to Deane Solomon Road for improved transportation
connectivity; and
WHEREAS, the City Council of the City of Fayetteville approved entering into a cost share
agreement with JED Development to pay one-half of the cost of this extension over city property to
provide improved connectivity for city residents; and
WHEREAS, the City Council of the City of Fayetteville determines that it is financially
preferable to allow JED Development's contractor to build this portion of the street, drainage and
sidewalks along with the much longer portion of road construction within the Crystal Springs
Development; and
WHEREAS, the City Council of the City of Fayetteville determines that this is an exceptional
situation in which the normal competitive bidding procedure is deemed 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 declares that
an exceptional situation in which the normal competitive bidding procedure is not feasible or practical
exists and therefore waives the requirements of competitive bidding for this cost share agreement.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the
Contractual Agreement with JED Development, Inc. (attached as Exhibit A) in the amount of up to
$55 ,095 .43 as the City's portion of a cost share to extend Vanike Drive through City property to Deane
Solomon Road.
PASSED and APPROVED this the to day of April, 2003.
APPROVED: ®F�
By:
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
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