HomeMy WebLinkAboutOrdinance 4524 ORDINANCE NO. 4524
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE AGREEMENT WITH COVENANT PRESBYTERIAN
CHURCH IN THE AMOUNT OF $77,570.00 TO CONSTRUCT A
CONCRETE SWALE AND DRAINAGE PIPE FROM
WEDINGTON DRIVE TO 46T" STREET; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF $ 12,080.00 FOR
SAME.
WHEREAS, entering into a cost-share agreement with Covenant Presbyterian Church and
utilizing its 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 Covenant
Presbyterian Church in the amount of $77,570.00 to construct a concrete swale and drainage pipe
from Wedington Drive to 46'" Street.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $ 12,080.00 for same.
PASSED AND APPROVED this 2151 day of October, 2003 .
fpYETI
APPROV
•�
i By.
DAN COODY, Mayo
SONDRA SMITH, City Clerk
0 0
CONTRACTUAL AGREEMENT
This Agreement, made and entered into thisLbsjday of Or4u{ ter , 2003, by and between
the City of Fayetteville, Arkansas and the Covenant Presbyterian Church, Witnesseth:
WHEREAS, the Covenant Presbyterian Church has hired a contractor to construct
approximately 830 feet of drainage swale/ditch from Arkansas Highway No. 16 discharge point
around the perimeter their property; and discharging at the Southwest comer of the church
property; and
WHEREAS, the City completed a drainage improvement project along and across 46`h
Street in May of 2001 ; and
WHEREAS, there will be a gap between the two projects of approximately 350 feet; and
WHEREAS, the City of Fayetteville desires that this 350 feet of "gap section" be
constructed of concrete and to the City of Fayetteville's Specifications, it will benefit both parties
to complete this gap in the drainage system at the same time by the same contractor.
NOW, THEREFORE, the City of Fayetteville and the Covenant Presbyterian Church
agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to :
A. Pay for the actual documented engineering design, survey and grade
staking, construction costs & inspection costs for approximately 350 L.P.
of concrete ditch paving and 270 L.F. of 18" Reinforced Concrete Arch
Storm Pipe from the Church property to 46`h Street as shown on the plans
prepared by Covenant Presbyterian Church's Engineer.
B. Pay a maximum-not-to-exceed cost of $77,570.00 for the afore mentioned
drainage system construction as was provided by the Covenant
Presbyterian Church' s Contractor and Engineer 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
the Covenant Presbyterian Church' s Contractor and Engineer. 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. Negotiate and obtain all necessary rights-of-way/easements with the other
property owners necessary for the construction project, both temporary and
permanent.
E. City will then temporarily assign to Covenant Presbyterian Church the
Page 2 of 2
easement/right-of-way for construction work on property West of Church
property.
F. Make all efforts to provide payment to the Covenant Presbyterian
Church within thirty (30) days after receipt of the invoice(s) but no longer
than 120 days in any event.
2. The Covenant Presbyterian Church agrees to :
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable drainage system
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 drainage system
installation.
C. Not 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 the Covenant
Presbyterian Church and their 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 agrecmcut with a not-to-cxcccd
amount of $77,570.00 for the cost reimbursement to Covenant Church for the
drainage system installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE COVENANT PRESBYTERIAN CHURCH
B y: � lf�
DAN COODY, M o
ATTEST: • fpYETTf,
•
By: Or.� a� -40
Sondra Smith, City Clerk -17:;0
• City of Fayetteville, Arkansas •
Budget Adjustment Form
Budget Year Department: Community Planning & Engineering Date Requested Adjustment Number
2003 Division: Engineering 10/21 /2003
Program: Sales Tax Capital Improvements
Project or Item Requested: Project or Item Deleted:
$12,080 in the Other Drainage Improvements capital $12,080 from the Drainage Study/Master Plan capital
project. project.
Justification of this Increase: Justification of this Decrease:
The additional funding is needed to cover a cost-share There is sufficient funding remaining to meet 2003
with Covenant Presbyterian Church from Wedington objectives.
Drive to 46th street.
Increase Budget (Decrease Revenue)
Account Name , Account Number Amount Project Number
Bridge & drainage improve 4470 9470 . 5817 00 12,080 02108 1
Decrease Budget (increase Revenue)
Account Name Account Number Amount Project Number
Professional services 4470 9470 5314 00 12,080 02097 1
Approval Signatures Budget Office Use Only
Type: A B C E
Requested By Date
Date of Approval
Budget Manager Date Initial Date
Posted to General Ledger
Department Dir ctor Date Initial Date
_/ ! t'>,j Posted to Project Accounting
Firfance & Inte I Services ' ector Date Initial Date
Entered in Category Log
Mayor Date Initial Date
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REQUEST FOR VENDOR FILE MAINTENANCE
(CHECK ALL AVAILABLE RESOURCES, VENDOR LIST, ACCESS
I SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST)
I
DATE OF REQUEST: September 10, 2003 REQUESTED BY: Ron Petrie
DEPT./DIVISION: Engineering EFFECTIVE DATE: September 10, 2003
TELEPHONE EXTENSION: 418
NEW VENDOR: C� VENDOR CHANGE: VENDOR RE-ENTRY:
VENDOR #: VENDOR #:
VENDOR NAME: Covenant Presbyterian Church
STREET OR P.O. BOX: 4511 West Wedington Drive
I
CITY: Fayetteville STATE: Arkansas ZIP CODE: 72704
ATT : Dr. Jim Beckman PHONE: 442-5267
E-Mail Fax #
REMITTANCE ADDRESS IF DIFFERENT FROM ABOVE:
NAME:
ADDRESS:
CITY, ST, ZIP:
TYPE OF ORGANIZATION
CORPORATION (100):
FEDERAL ID PARTNERSHIP (200):
OR INDIVIDUAL (300): 0
SOCIAL EMPLOYEE f4001:
PENSION (500):
NON-PROFIT (6001:
PURCHASING OFFICE USE ONLY
I
NEW VENDOR: ENTERED BY:
VENDOR CHANGES: DATE:
VENDOR RE-ENTRY: G. L. FILE:
W-9 FORM MAILED: INVENTORY FILE:
I
I
NAME OF FILE: Ordinance No, 4524
CROSS REFERENCE:
Item # Date Document
1 10/21/03 , Staff Review w/attachments:
draft ordinance
memo to mayor & city council
copy of bid totals
copy of vicinity map
copy of map
2 10/27/03 memo to Ron Petrie
NOTES:
I • •
STAFF REVIEW FORM - FINANCIAL OBLIGATION
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of : October 21 12003
FROM:
Ron Petrie Engineering Community Planning & Engineering
Name Division Department
ACTION REQUIRED : Approval of a cost-share and bid waiver in the amount of $77,570.00 with Covenant
Presbyterian Church for the construction of a concrete Swale and drainage pipe from Wedington Drive to 46th
Street and a budget adjustment in the amount of $12,080.00.
COST TO CITY :
$ 77 , 570 . 00 $ 182 , 806 . 00 Bridge & Drainage Improvement
Cost of this request Category/ Project Budget Program Category / Project Name
4470 . 9470 . 5817 . 00 $ 117 , 315 . 94 Other Drainage Improvements
Account Number Funds Used to Date Program / Project Category Name
02108 $ 65 , 490 . 06 Sales Tax
Project Number Remaining Balance Fund Name
BUDGET REVIEW : X Budgeted Item X Budget Adjustment Attached
i u -3 -03
Budget Mana er Date
CONTRACT/GRANT/LEASE REVIEW : .. /
/4 p %, I 2103
eA hunting Manage - Date I ernal ditor Date
/� 03 � � l d 3
City Attorn y Date Purchasing Manager Date
STAFF COMM6NDA N : Staff recommends approval of the cost share, bid waiver, and budget adjustment. 3
( 0_ 2 ,oReceived in Mayor ' s Office
Division Head Date Date ,n /
/0—,-03 Cross Reference : h
Department Director Date
Previous Ord/Res # :
Fi anc & Internal Services Dir . Date prig . Contract Date :
I
/GOrig . Contract Number :
Chief istrative Officer Date
New Item : Yes o
O
May Date 03d��3 �'�-M
Staff Review Form - Page 2
Description covenant Presbyterian church cost-share Meeting Date October 21 , 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 COVENANT
PRESBYTERIAN CHURCH IN THE AMOUNT OF $77,570.00
TO CONSTRUCT A CONCRETE SWALE AND DRAINAGE
PIPE FROM WEDINGTON DRIVE TO 46TH STREET; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT
OF $12,080.00 FOR SAME.
WHEREAS, entering into a cost-share agreement with Covenant Presbyterian
Church and utilizing its 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
Covenant Presbyterian Church in the amount of $77,570.00 to construct a concrete swale
and drainage pipe from Wedington Drive to 46th Street. Ishe
Section 2. That the City Council of the City of Fayetteville, �A �i� "seby
approves a budget adjustment in the amount of $12,080.00 forsa' I !
PASSED AND APPROVED this 21s' day of October,x2 03. �1
APP OO D: �
By ,, /\
Pr C®' � DY ' aor
ATTEST:
By:
SO1Vj.a RA SMA1S, rk
• City Council M•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
Date: October 1 , 2003
Subject: Approval of a cost-share and bid waiver in the amount of $77,570.00 with
Covenant Presbyterian Church for the construction of a concrete swale and
drainage pipe from Wedington Drive to 46`h Street and a budget adjustment in the
amount of $ 12,080.00.
RECOMMENDATION
Staff recommends approval of the cost share, bid waiver, and budget adjustment.
BACKGROUND
The widening of Wedington Drive from I-540 to Meadowlands Drive by the Arkansas
Highway & Transportation Department (AHTD) included a new drainage system along
Wedington Drive that transports storm water from Rupple Road westward to the end of
the improvements. The new drainage system currently discharges into a small overgrown
ditch on the Covenant Presbyterian Church's property. This undersized ditch drains
approximately 42.4 acres around the Church property and discharges the runoff onto two
adjacent properties that are located between the Church and 46`h Street. These properties
do not have defined drainage paths to 46`h Street which causes the storm water to pond in
the rear of the properties. In addition to this problem, there is a plant nursery located on
the north side of Wedington Drive that keeps this ground saturated throughout the year
because of the constant irrigation.
In 1998 and 1999, the City received several complaints regarding this situation and a
drainage study was performed by the Engineering Division which recommended
installing a storm pipe system along and under 46`h Street and to install an open channel
from 46` Street to the Church property. In 1999, the drainage pipes were installed by the
Street Division but the open channel was not installed due to easement acquisition
problems. Also, the property owner had recently paid to have a french drain system
installed and did not want an open ditch placed on her property.
1
I
• City Council Ang of October 21 , 2003
DISCUSSION
At this time, the Covenant Presbyterian Church is requesting to enlarge their existing
parking lot and install fill material on a large portion of the property. The Church
proposal would include cleaning and enlarging the existing ditch around their property
and rerouting the offsite drainage around the onsite detention pond. The Engineering
Division cannot approve this request without addressing the offsite drainage problems.
The adjacent property owner that originally rejected the improvements has agreed to give
an easement for these improvements. The Engineer for the Church has designed the
offsite drainage system to 46`h Street which includes a concrete swale and 350 feet of
arch 18" storm pipe.
By participating in the construction of these improvements, the City and the Church will
be eliminating a known drainage problem in this location. Construction bids have been
provided to the City for these improvements by the Church' s contractor as follows:
City's Share $ 689018,50
Developer's Share $ 41 ,570,42
Total $1099588,92
In addition , engineering inspection fees and a contingency have been added to the City's
portion:
City's Portion $ 68,018,50
Engineering/Inspection Fees $ 2,500,00
1 Sub-Total $ 709518,50
10% Contingency(+/-) $ 7,051 .50
Total $ 77,570.00
BUDGETIMPACT
This $77,570.00 expenditure for a drainage cost-share is included in the Fiscal Year 2003
Budget in the Other Drainage Improvement Account in which drainage cost-shares are
typically authorized when they are identified by Staff. However, at this time, there is a
remaining balance of $65 ,490 in this account which would require a budget adjustment to
fully pay for this identified cost-share. Therefore, it is recommended that $ 12,080 be
moved from the Drainage Study/Master Plan Account to the Other Drainage
Improvement Account. There is a remaining budget of $573,069. 18 in the Drainage
Study/Master Plan Account.
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