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
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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
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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.
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