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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 N 7 a a 0 IO m J U U A W + � p • ry a 6 . ' N, 90 y V n O m. m :^ 7 y - 3 j5 3iw a m 2 10IM 010 d — �•�3 � . 1 Om 0 t to 7 r .fi O P o N m t. 0 e N 3 ' a m . S N 3 0 0 N N V4N CD o G N N N NH N N N N N V = " }q"}' t.T O O O O O O O Co O O U �" ¢ 0 T o 0 0 0 o c o 0 0 1y at o y IV m fi1:7 n � ci " 0 V i O jid a . c 3 m-, 3 v V , � a� O I s l a N a C 4 ,0yl. = i a i 3 N a m m # m Z I o Z IX IX .Vj V < N C ND r d Pr O O O to O O O O D O d d . a T � I N ¢ Z D d O N � a I 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. 2