HomeMy WebLinkAboutOrdinance 4511 ORDINANCE NO. 4511
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST-SHARE AGREEMENT WITH M.P. CONSTRUCTION,
INC. IN AN AMOUNT NOT TO EXCEED $63,600.75 FOR
THE CONSTRUCTION OF A DOUBLE 2' x 8' BOX CULVERT
UNDER LINDA JO PLACE.
WHEREAS, the Fayetteville Planning Commission has approved a Preliminary Plat
for Skyler Place subdivision which calls for the construction of a double 2' x 8' box culvert
under Linda Jo Place, and;
WHEREAS, entering into a cost-share agreement with M.P. Construction, 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
M.P. Construction, Inc. in an amount not to exceed $63,600.75 for the construction of a
double 2' x 8' box culvert under Linda Jo Place.
PASSED and APPROVED this 2nd day of September, 2003.
APPROVED:
e� r l,M,.��Ud
By: f i
DAN COODY, Mayo ;
ATTEST: i
-J
Jt
By �1G�/ '`
SONDRA SMITH, City Clerk i
1
CONTRACTUAL AGREEMENT O
a , �cw3
This Agreement, made and entered into this by and between the City
of Fayetteville, Arkansas and M.P. Construction Inc., Witnesseth:
WHEREAS, M.P. Construction Inc., will hire a contractor to construct Skyler Place
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Linda Jo Place; and
WHEREAS, The culvert under Linda Jo Place is undersized and has cause flooding in
some of the adjacent homes; and
WHEREAS, it would benefit the City of Fayetteville to improve this culvert and to
protect these homes from flood damage; and
NOW, THEREFORE, the City of Fayetteville and M.P. Construction Inc agree as
follows:
1 . Upon the City Council approving the Street Cost-Share, the City of Fayetteville
agrees to:
A. Pay for 75% of the actual documented construction costs for the
construction of the double 2' x 8 ' box culvert under Linda Jo place as
shown on the plans prepared by the Jorgensen and Associates for M.P.
Construction Inc.
B. Pay a maximum-not-to-exceed cost of $63,600.75 for the afore mentioned
drainage construction as was provided by Jorgensen and Associates for
M.P. Construction 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 famished by
Jorgensen and Associates for M.P. Construction 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 M.P. Construction Inc within thirty
(30) days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. M.P. Construction Inc agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable 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 storm drain
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 M.P.
Construction Inc and their Contractor & Engineer and that the City of Fayetteville
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 $63,600.75 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE M.P. Construction Indy
A
By: 24 /
By:
&& —
DAN COODY, Mayor
ATTEST:
By: AObtZ , d: AnMJ
City Clerk
NAME OF FILE: Ordinance No. 4511
CROSS REFERENCE:
Item # Date Document
1 09/02/03 Staff Review w/attachments:
draft ordinance
purchase requisition
memo to mayor & city council
copy of vicinity map
letter to city
copy of property layout
2 09/04/03 memo to Matt Casey
3 09/13/03 Affidavit of Publication
NOTES :
NORTI-#JEST ARKANSA16EDITION
Aeras am®m t (Gazette
RECEWED
AFFIDAVIT OF PUBLICATION SEP 19 2003
CI IT! CLERK'S OFFICE
I, do solemnly swear that I am
Legi4l Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell , Arkansas, and that
from myownpersonal knowledge and reference to the files of said
publication , that advertisement of:
__YL
was inserted in the regular editions on
PO# ir��-��t-
Publication Charge: $
Subscribed and sworn to before me this
day of vLv1IeK_ 2003.
—� dp2
Notary Public T — -- I
ORDUOUICH NO. aEs s
AN ORDINANCE WAVING THE REOUIREMET OF FORMAL
My Commission Expires: a 7/ JG � 3
COMPETITIVE BIDDING AND APPROVING A CNC, I ARE
AGREEMENT WITH M.P. CONSTRUCTION, INC. IN AN
AMOUNT NOT FA EXCEED $63.800.!5 FOR THE ,w
LINDA O PLACE.OFA DOUBLE 2' x8' BO% CULVERT UNDER Cft of Fay iW
WHEREAS, Ne Fayetteville Planning CtxnmLaron has approved a Prellminaryr Plat for Skyler WPlece
" Please do not pay from Affidavit. abtlF"sIonvvn , eapsforM constructionof adouble 2' x8' box ",,anunder UnilaJoRace, and:
WHEREAS, enterrV into a mel-share agreement WM M.P. OoratrudlOn. Inc, and utlLng ilntr
An invoice will be sent. angineer and mnfactor vE avoid tie aci cost are unnecessary duplcotm of effort vtich wotic
arise from the forma competitive Uadvg promos, are;
WHERHAB, the City Council fuss Mat such drounstarwes constitute an exceptional situation vnele
_. competitNe bacirg Is not feaslde or Practical.
NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF THB CRY OF
Official Seal FAYHTTEVILLB, ARKANSAS:
SEAN-MICHAEL ARGO Sai 1. The the City Cmndl of the Ory of Fayetteaute. Arkansas hereby wolves Me rmutrements of
formal competitive bidding and approves a cost-share agreement vitt M.P. Ccnatructlon. Inc. in W
Notary Public-Arkansas amount not W exceed $63.600.75 for the conatnxAm of a daIDle 2' x 6' box culvert under Unca ,lo
WASHINGTON COUNTY Place.
My Commission Expires 07-25-2013 PASSED as APPROVED tis gra day of September. 2003.
APPROVED:
BY r
DAN COODY, Mayor
ATTEST:
By.
BOND" SMITH, CHy Clerlt
212 NORTH EAST AVENUE a P.O. BOX 1607 a FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700
AREVIEW FORM - FINANCIAL OBLIGIOION
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of : September 2, 2003
FROM :
Matt Casey Engineering Community Planning & Engineering
Name Division Department
ACTION REQUIRED : Approval of a cost-share and bid waiver in the amount of $63,600.75 with M. P.
Construction, Inc. for the construction of a double 2'x8' box culvert under Linda Jo Place.
COST TO CITY :
$ 63 , 600 . 75 $ 182 , 806 . 00 Bridge & Drainage Improvement
Cost of this request Category/Project Budget Program Category / Project Name
4470 . 9470 . 5817 . 00 $ 58 , 048 . 50 Other Drainage Improvements
Account Number Funds Used to Date Program / Project Category Name
02108 $ 129 , 757 . 50 JMtS TML CdPrT4L
Project Number Remaining Balance Fund Name
BUDGET REVIEW : X Budgeted Item Budget Adjustment Attached
/_f�J3
Budget ManageOF Date
CONTRACT/GRANT/LEASE REVIEW :
' LL[.(_Cu'� �- f5 03
Accounting manag6iu Date Internal Au for Date
15103
City At ' rney Date Purchasing Manager Date
STAFF COMMS T N : Staff recommends approval of the cost share and bid waiver.
� 15^:!:L5 Received in Mayor ' s Office 3
Division Head p Date Date VOL
p �� Z Cross Reference :
Department Director Date
Previous Ord/ Res # :
J- o
Finance & Internal Serrvvvi es Dir . Q / Date Orig . Contract Date :
Orig . Contract Number :
Chief i strati Officer Date
New Item : Yes No
Mayor Date
• Staff Review Form - Page 2 •
Description Skyler Place Sub . Drainage Cost - Share Meeting Date September 2 , 2003
Comments : Reference Comments :
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST-SHARE AGREEMENT WITH M.P. CONSTRUCTION,
INC. IN AN AMOUNT NOT TO EXCEED $63,600.75 FOR
THE CONSTRUCTION OF A DOUBLE 2' x 8' BOX CULVERT
UNDER LINDA JO PLACE.
WHEREAS, the Fayetteville Planning Commission has approved a Preliminary Plat
for Skyler Place subdivision which calls for the construction of a double 2' x 8' box culvert
under Linda Jo Place, and;
WHEREAS, entering into a cost-share agreement with M.P. Construction, 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 here Ives
the requirements of formal competitive bidding and approves a cost-share Je mer% with
M.P. Construction, Inc. in an amount not to exceed $63,600.75 folf cons ction of a
double 2' x 8' box culvert under Linda Jo Place. �f
PASSED and APPROVED this 2nd day of Sept
Tber, 2003
AP . �O D:
/L
By;
AN '0ayor
ATFvES
By:
Y
SjTjS/MfT , G' erk
, dik
£ , �
: § ! ! \ ;
\ } \ \ @ ) j ( ( 7f 5
z
( ;
: � a Z
> \
\ \ ` M § /
\ / \
! E )
/
/ ! } g
§ / - 0 ƒ
\ \ \ ( \
- � ƒ
7 ( § { ) ) ) k k k k ) \ / /
; ) -070M
f } { \ ! } : \
/ /
( ® 52
p §
Pr M
_ ( (
I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
TO: Mayor Dan Coody
Fayetteville City Council
THRU: Tim Conklin, Director CPI �, _-C'
Gary Coover, City Engineer
FROM: Matt Casey, Staff Engineer
DATE: July 15, 2003
Proposed Cost Share in the amount of $63,600.75 with M.P. Construction Inc. for
the installation of a double 2' x 8' box culvert across Linda Jo Place.
BACKGROUND :
The proposed Skyler Place Subdivision is located adjacent to Deane Street, Porter Road
and Sang Avenue. As a part of this development, the developer will be constructing
streets and storm drainage for a residential subdivision.
The drainage that leaves this site flows through an existing culvert under Linda Jo Place
on the west side of the subdivision. The culvert is undersized and has caused flooding
problems in some of the adjacent homes.
CURRENT STATUS:
On November 25, 2002, the Planning Commission approved the Preliminary Plat for
Skyler Place Subdivision. The site grading and water and sewer extensions have been
approved for the site, but construction of the drainage improvements are on hold until the
cost-share has been discussed by the City Council.
RECOMMENDATION :
Staff recommends that the City cost-share with M.P. Construction Inc., the developer, to
construct a double 2' x 8 ' box culvert under Linda Jo Place. By participating in the
construction of these improvements, the City and the developer will be eliminating a
known flooding problem in this location. Construction estimates have been provided to
the City for these improvements by M.P. Construction Inc. 's engineer as follows:
City's Share $ 639600.75
Developers's Share $ 21 ,200.25
Total $ 84,801 .00
An additional 15% has been added to the construction cost as a contingency in case of
unforeseen construction issues.
Based upon the information provided by the Budget & Research Division, there is a
remaining balance of $ 124,757.50 in the Other Drainage Improvements Account.
The final costs to the City will be based upon actual costs as documented by M.P.
Construction Inc. subject to review by the City and may, or may not exceed the submitted
estimate. However, the City' s share will not exceed the estimate without additional
authorization.
Enclosures:
Staff Review Form
Vicinity Map
Construction Drawing
Cost-Share Agreement
Purchase Requisition
Vendor Request Form
i
VICINITY MAP
UNIVERSITY OF ARKANSAS
EXPERIMENTAL FARM
i
71 DEANE ST
SYCAMORE o . r w
Iq
E y W E
�' MEGAN
0
p� Q LAWSON HEFL =
Q
Z HOLLY CEDAR
4 o HATFIELDw ca
3
w ®� w
� J
WEDINGTON DR
FAYETTEVILLE, ARKANSAS
I,IGRAPHIC SCALE
0 30 60 X20 210
( IN FEET )
1 i ich = 60 ft.
