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HomeMy WebLinkAboutOrdinance 4522 ORDINANCE NO. 4522 - AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A COST- SHARE AGREEMENT WITH M. P. CONSTRUCTION, INC. IN THE AMOUNT OF $ 18,900.00 TO CONSTRUCT APPROXIMATELY 370 FEET OF 8" WATER MAIN ASSOCIATED WITH THE SKYLER PLACE SUBDIVISION. WHEREAS, entering into a cost-share agreement with M. P. Construction, Inc. and utilizing its engineer 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 the amount of $ 18,900.00 to construct approximately 370 feet of 8" water main associated with the Skyler Place Subdivision. PASSED AND APPROVED this 21" day of October, 2003 . APPROVE ;t to °}fit, _ By: ♦ DAN COODY, May `S� I. • , . 16704 �aC By: 01& a n � SONDRA SMITH, City Clerk CONTRACTUAL AGREEMENT This Agreement, made and entered into this � AI 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 has a water main extension that connects to an existing main on Sang Avenue; and WHEREAS, There is a gap between the two existing waterlines along Sang Avenue; and WHEREAS, it would benefit the City of Fayetteville to connect these waterlines to create a loop and eliminate the gap in the water main system; 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 100% of the actual documented construction costs for the construction of the 370 feet of 8" water main 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 $ 18,900.00 for the afore mentioned water main 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 fumished 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. 0 0 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 water line 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 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 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 $ 18,900.00 for the water main improvements. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE M.P. Construction, Inc By:. �� By: f AYt '`/ OODY, Mayor dd i ` lOx'CO�\�� . By: City Clerk CONTRACTURAL AGREEMENT This Agreement, made and entered into this O" b f A / f �, 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 has a water main extension that connects to an existing main on Sang Avenue; and WHEREAS, There is a gap between the two existing waterlines along Sang Avenue; and WHEREAS, it would benefit the City of Fayetteville to connect these waterlines to create a loop and eliminate the gap in the water main system; 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 100% of the actual documented construction costs for the construction of the 370 feet of 8" water main 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 $ 18,900.00 for the afore mentioned water main 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 furnished 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. 0 0 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 water line 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 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 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 $ 18,900.00 for the water main improvements. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE M.P. Construction, Inc By: By . DOODY, Mayo Yrr 1 41 r cV 1psf: 'sy: nn�.t�►' City Jerk 00 a § ! ` - } | ! r � E � WE; � / } § ! ; ) ( \ i - ! ] _ ; / El f 7 ) 7 ( ( $ 7 ! \ / E \ / ! \ } r ( ` NAME OF FILE: Ordinance No. 4522 CROSS REFERENCE: Item # Date Document 1 10/21/03 Staff Revieww/attachments: draft ordinance memo to mayor & city council copy of Vicinity Map copy of plat copy of invoice copy of invoice 2 10/27/03 memo to Matt Casey NOTES: b� AREVIEW FORM - FINANCIAL OBLIGOON SSL Z. x AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of : October 21 , 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 $18,900.00 with M. P. Construction, Inc. for the construction of a approximately 370 feet of 8" water main. COST TO CITY : $ 18 , 900 . 00 $ 305 , 128 . 00 Water & Sewer Cost Sharing Cost of this request Category/ Project Budget Program Category / Project Name 5400.5600.5808.00 $ 60 , 329 . 00 Water & Sewer Improvements Account Number Funds Used to Date Program / Project Category Name 02067 $ 244 , 799 . 00 Water & Sewer Fund Project Number Remaining Balance Fund Name BUD GET REVIEW : x Budgeted Item Budget Adjustment Attached . o3P Budget Manager Date CONTRACT/GRANT/LEASE REVIEW : to /o3 Accounting Manager I ernal fA ditor Date City Atto ney Date Purchasing Manager Date sTAF COMM N : Staff recommends approval of the cost share and bid waiver. 3 _� a� tC)I Received in Mayor ' s Office d Q yr Head Date Da r le;) Cross Reference : Department Director Date Previous Ord / Res # : Finance-�� aace s Internal Services Dir . Date Orig . Contract Date : Orig . Contract Number : CL;01dminae Of ' cer Date New Item : RECEIVED v Mayor Date OCT 0 3 2003 CITY Or r^ � )'EVILLE CITY CLERK'S OFFICE 0 0 Staff Review Form - Page 2 Description Skyler Place Sub . Water line Cost - Share Meeting Date October 21 , 2003 Comments : Reference Comments : Budget Manager Accounting Manager City Attorney Purchasing Manager ADA Coordinator Internal Auditor Grants Coordinator 0 0 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A COST-SHARE AGREEMENT WITH M. P. CONSTRUCTION, INC. IN THE AMOUNT OF $18,900.00 TO CONSTRUCT APPROXIMATELY 370 FEET OF 8" WATER MAIN ASSOCIATED WITH THE SKYLER PLACE SUBDIVISION. WHEREAS, entering into a cost-share agreement with M. P. Construction, Inc. and utilizing its engineer 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 the amount of $18,900.00 to construct approximately 370 feet of 8" water main associated with the Skyler Place Subdivision. PASSED AND APPROVED this 215 day of October, 2003. APPROVED: DAr a COODY, ori ATTEST: ` By: SO�SMITH, City ?Ier�kv/ , i 0 City Council At ng of October 21 , 2003 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Hugh Earnest, Chief Administrative Officer From: Tim Conklin, Community Planning and Engineering Services Director-r Date: September 30, 2003 Subject: Proposed Skyler Place Subdivision Cost Share in the amount of $ 18,900.00 with M.P. Construction Inc. for the installation of approximately 370 feet of 8" water main. RECOMMENDATION Staff recommends that the City cost-share with M.P. Construction Inc., the developer, to construct approximately 370 feet of 8" water main: By participating in the construction of these improvements, the City will be creating a loop in the water main system in this area and eliminating the gap in the system. BACKGROUND On November 25, 2002, the Planning Commission approved the Preliminary Plat for Skyler Place Subdivision. 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 water, sewer, streets and storm drainage for a residential subdivision. The site grading and water and sewer extensions have been approved for the site and construction is currently underway. DISCUSSION There are existing water mains along Sang Ave., but there is a gap between them at this time. A requirement for this subdivision was that the developer connect to one of the water mains along Sang to offer more than one source of water. They are also connecting to the water main on Porter. By connecting to the water main on Sang, the gap between the water mains is reduced to approximately 370 feet. It would benefit the City of Fayetteville to have this gap in the water main system eliminated and to further loop the system in this area. 1 °2 . 0 • City Council Ming of October 21 , 2003 Construction estimates have been provided to the City for these improvements by M.P. Construction Inc. 's engineer as follows: Developer's Share (Connection to Sang) $ 14,200.00 City's Share $ 18,900.00 Total $ 339100.00 BUDGET IMPACT Based upon the information provided by the Budget & Research Division, there is a remaining balance of $244,799.00 in the Water and Sewer Cost Sharing 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. 2