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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.