HomeMy WebLinkAboutOrdinance 4485 ORDINANCE NO. 4485
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST-SHARE AGREEMENT WITH DIXIE DEVELOPMENT,
INC. IN AN AMOUNT NOT TO EXCEED $54,600.00 FOR
THE WIDENING OF APPROXIMATELY 1,950 LINEAR FEET
OF THE PROPOSED BOB YOUNKIN DRIVE FROM 28 FEET
TO 36 FEET.
WHEREAS, the Fayetteville Planning Commission has approved the Preliminary
Plat for Dixie Development, Inc.'s proposed commercial subdivision with the
recommendation for a cost share agreement to widen approximately 1,950 linear feet of the
proposed Bob Younkin Drive from 28 feet to 36 feet, and;
WHEREAS, entering into a cost-share agreement with Dixie Development, Inc. and
utilizing their 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
Dixie Development, Inc. in an amount not to exceed $54,600.00 for the widening of
approximately 1,950 linear feet of the proposed Bob Younkin Drive from 28 feet to 36 feet.
PASSED AND APPROVED this 6th day of May, 2003.
F Mr E'r r� APPROVED:
. CBy:
DAN COODY, M or
n
ATTES�:�;
By: Gln dta+ rmnwLG/
SONDRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this (044 6101 , 0 003 , by and between the City
of Fayetteville, Arkansas and Dixie Development, Inc., Witnegseth:
WHEREAS, Dixie Development, Inc., will hire a contractor to construct Appleby
Landing Subdivision; and
WHEREAS, The developer will construct a 28 ' wide street from Drake Street to
Appleby Road to provide access for the development; and
WHEREAS, It is projected that this new street will carry a large volume of cut-through
traffic from Drake Street to Appleby; and
WHEREAS, it would benefit the City of Fayetteville to widen this to a 36' wide street .
with a center tum lane; and
NOW, THEREFORE, the City of Fayetteville and Dixie Development, Inc., agree as
follows:
1 . Upon the City Council approving the Street Cost-Share, the City of Fayetteville
agrees to:
A. Pay for 100% of the actual documented construction costs for the
additional 8 feet of street width for approximately 1950 L.F. as shown on
the plans prepared by the Clark Consulting for Dixie Development, Inc.
B. Pay a maximum-not-to-exceed cost of $54,600.00 for the afore mentioned
street construction as was provided by Clark Consulting for Dixie
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
Clark Consulting for Dixie 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 Dixie Development, Inc., within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day. schedule.
IAY
li - ogi 1803
•
2. Dixie 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 Dixie
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 $54,600.00 for the additional street width.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Dixie Development, Inc.
r�
By: By:
DAN'COODY, Mayor
i pi E r
rt- , 0
-
i
By: fbJGhd,� n� R�hw.7G.
City Clerk
NAME OF FILE: Ordinance No. 4485
CROSS REFERENCE:
Item # Date Document
1 05/06/04 Ord 4485 w/agreement
2 04/17/03 Staff Review Form w/attachments:
draft ordinance
memo to City Council
copy of letter to Tim Conklin w/attachments
copy of purchase requisition
copy of request for vendor file maintenance
3 05/12/03 memo to Casey
3.
NOTES:
NORT6IWEST ARKANSAS EDITION ,
aS Dem®cmt 09%xj0 to
MZCIRCI FILMED
AFFIDAVIT OF PUBLICATION
I, 14 141 do solemnly swear that I am
Legal Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference to the files of said publication , the advertisement of:
was inserted in the regular editions on
** Publication Charge : $ -
Subscribed and swom to before me this
Aq day of A , 2003.
Notary Publi
M A Coseal _ _ _ _
My CslOn ��N ORDINANCE NO. 4485
��1 PPPNNM����� n� AN ORDINANCE WAMNG THE REQUIREMENTS OF WRMAL
Ory 05
Public-GOl1NTY
NC. It,
WASHINGTON 2011 COMPETITIVE BIDDING AND APPROVING A COST-SHARE
�* Please oMKSf
won Ex Ireess 11 AMOUNT AGREEMBNOT TONT rzEXCEED $54,800.0 FORR H DIXIE 1HIE WIDENING
OF APPROXIMATELY 1,950 UNEAR FEET OF THE PROPOSED
BOB YOUNIBN DRIVE FROM 28 FEET TO 38 FEEL � of Fayette�r1118
An invoi will be sent. WHEREAS, the FayettWile P%hrwV Cgmmissbn hes approved the Pre4rWn9iy net for DWe
Development. Inc.§ proposed commgUal subdMsion With the recortvrientletion for a best share
a"Ment to WidW aPprmtlmatay 1,950 Under feet of the PmPosetl Bob Younitin Drive from 28 feet to
36 feet. arc:
WHEREAS, entering into a cost-share-agreement With Code Devabpment, Inc. and utilizing their
engineer and contractor will avoid the added =1 and uvWcessery duplication W efron Which WtlWd
arse anrn the formal camPauhe blddhg process, anx1:
WHEREAS. the Crty Council finds that such drwnstames coneodee an exceptional situation WT
carWetitive biddng 4s not feastle or practical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
RECEIVED Section I That the City C0413011 Of the atY of Fayetteville. Arkensaa hereby Waves the naprbements
d canal ocinesetive biddtrg and approves a mat-share agreamenl w Dixie Daeloprnent. Inc. in an
anent riot to exceed $54,600.00 for the Widening of appmximatey 1,950 linear feel of the propoead
Bob YgWdn Drive from 28 feet to 36 feet.
MAY 2 8 2003 PASSED AND APPROVED this 6th day of May, 2003.
APPROVED:
CITY OF FAYETTEVILLE BY, c000Y Mara
CITY CLERK'S OFFICE ATTEST
e :
NDHA SMITH. Gty aerK 01111 .
212 NORTH EAST AVENUE • P.O. BOX 1607 FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
M
FAYETTEVTLLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Matt Casey
Engineering Division
From: Clarice Buffalohead-Pearman
City Clerk's Division
Date: May 12, 2003
Re: Ordinance 4485
Attached hereto is a copy of the above ordinance passed by the City Council, May 6, 2003,
authorizing a cost-share and bid waiver to contract with Dixie Development to widen the proposed
Bob Younkin Drive. Also attached is a two copies of said contract.
The original ordinance and contract will be microfilmed and filed in the city clerk's office. If
anything else is needed please let the city clerk's office know.
/cbp
Attachment(s)
cc: Nancy Smith, Internal Auditor
STAFF REVIEW FORM - FINANCIAL OBLIGATION '
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of : May 6, 2003
FROM:
Matt Casey Engieering Community Planning and Engineering
Name Division Department
ACTION REQUIRED : Approval of an ordinance authorizing a cost-share and bid waiver in the amount of
$54,600.00 with Dixie Deveolpment, Inc. for the widening of the proposed Bob Younkin Drive from 28' to 36'
wide.
COST TO CITY :
$54,600.00 $ 350,581 .00 Street ROW / Intersection/ Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 557095.00 Street Improvements
Account Number Funds Used to Date Program / Project Category Name
02116 $ 295,486.00 Sales Tax Capital Improvements
Project Number Remaining Balance Fund Name
BUDGET REVIEW : X Budgeted Item Budget Adjustment Attached
Z4Z Y - i7 �n3
Budget Manag, r Date
CONT CT/GRANT/LEASE REVIEW :
13
Com— y 4./1 R
2/ 0 3 % o
Accounting Manage „/ Date In ernal Ai itor Date
21 03 l SC ��C 0 Q Q °t vq
City At rney Date Purchasing Manager Date
sTAFpp RECOMME AT ON : Staff recommends approval of the ordinance for the cost share and bid aive
M Received in Mayor ' s Office ),/L)3
6ivision Head Date Date
- o3 Cross Reference :
Department Director Date
Previous Ord/ Res # :
q _ z3-o3
Finance 6 Internal Services Dir . Date Orig . Contract Date :
Y" 7 f�d 'y Orig . Contract Number :
Chief dm ' strative Officer Date
New Item : Yes No
40
Mayor D
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST-SHARE AGREEMENT WITH DIXIE DEVELOPMENT,
INC. IN AN AMOUNT NOT TO EXCEED $54,600.00 FOR
THE WIDENING OF APPROXIMATELY 1,950 LINEAR FEET
OF THE PROPOSED BOB YOUNKIN DRIVE FROM 28 FEET
TO 36 FEET.
WHEREAS, the Fayetteville Planning Commission has approved the Preliminary
Plat for Dixie Development, Inc.'s proposed commercial subdivision with the
recommendation for a cost share agreement to widen approximately 1,950 linear feet of the
proposed Bob Younkin Drive from 28 feet to 36 feet, and;
WHEREAS, entering into a cost-share agreement with Dixie Development, Inc. and
utilizing their 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, Arkansare4d
eb, waives
the requirements of formal competitive bidding and approves a costs = , a green"' nt with
Dixie Development, Inc. in an amount not to exceed $54 60 r00 fot Hing of
approximately 1,950 linear feet of the proposed Bob Younkin ?r ve fr . m 28 fe <f 36 feet.
PASSED AND APPROVED this 6t day ofd ay, 2003 =
APP D i
By' `h
{ . AN CO DY, Mayor
ATTES
By:
SON ; SM City Clerk
0 0
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
TO: Mayor Dan Coody
Fayetteville City Council
THRU: Tim Conklin, Director CPFJ
Gary Coover, City Engineer
FROM: Matt Casey, Staff Engineer /4/
DATE : April 15, 2003
Proposed Cost Share in the amount of $54,600.00 with Dixie Development, Inc. for
the widening of approximately 1950 LF of street from 28' to 36' wide between
Drake Street and Appleby Road.
BACKGROUND :
This proposed subdivision is located between Drake Street and Appleby Road. As a part
of this development, the developer will be constructing streets, sidewalks and storm
drainage for a commercial subdivision.
CURRENT STATUS:
On February 10, 2003, the Planning Commission approved this preliminary plat with a
recommendation for a cost share to widen the street from 28' to 36' . On April 10, 2003,
the City Council Street Committee made a recommendation to approve the proposed cost
share. The developer is waiting for the approval of this cost-share before proceeding
with construction.
RECOMMENDATION:
Staff recommends approval of the cost-share with Dixie Development, Inc. to widen
approximately 1950' of street from 28' to 36' in width. Construction estimates have been
provided to the City for these improvements by Dixie Development, Inc. 's engineer as
follows:
City $ 545600.00
Dixie Development, Inc. $ 284,700.00
Total $ 339,300.00
Based upon the information provided by the Budget & Research Division, there is a
remaining balance of $295,486.00 in the Street ROW/Intersection/Cost Sharing Account.
The final costs to the City will be based upon actual costs as documented by Dixie
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
lark • •
onsulting
J . STEVE CLARK, P. E.
CIVIL / ENVIRONMENTAL ENGINEERING
G L �March 12 , 2003 MAR 1 3 2 3
Mr. Tim Conklin , Director of Planning
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Re: Appleby Landing - PPL 03-4.00 (formerly Regional Professional Park)
Fayetteville, Arkansas
Dear Mr. Conklin :
Please accept this letter as our formal request for City participation in the cost of
constructing Bob Younkin Drive within the referenced subdivision. As you will recall , during
the rezoning the City requested that the developer agree to dedicate sufficient right-of-way
to allow the construction of a collector street. At that time the developer agreed to dedicate
the right-of-way. However, he did not agree to construct the additional width street unless
the traffic counts for this development justified the extra pavement width .
During preliminary plat review, City staff recommended that a collector street be constructed
based on anticipated total traffic counts. However, since the traffic numbers for this
development alone do not justify the collector standard street, the Planning Commission
could not require the developer to construct the collector width street at his expense . The
Planning Commission recommended the City participate in the cost of constructing Bob
Younkin Drive.
Using the attached cost estimate, the City's participation would be $ 54 ,600.00. This is the
difference in cost of a 28 foot wide street versus a 36 foot wide collector street. The
estimate is based on the City's paving section and current bid pricing for similar projects.
If I can answer any questions or if you need additional information , call me at 444-8171 .
Sincerely,
Clark Consulting
RECEIVED
u
J . Steve Clark, P. E. MAR 1 3 2003
PLANNING DIV.
cc: Mr. Matt Casey, P . E.
3715 N. Business Drive, Suite 202 Fayetteville, Arkansas 72703 (479) 444-8171 Fax: (479) 251 -0714
Cost Estimate for Bob Younkin Drive
Appleby Landings Subdivision
March 12, 2003
1950 LF 36' Street (2"-3"-6") @ $ 174.00/LF $ 339 , 300 . 00
1950 LF 28' Street (2"-3"-6") @ $ 146.00/ LF 2841700.00
Difference in cost of 36' wide street vs. 28' wide street is $ 54,600 . 00
