HomeMy WebLinkAboutOrdinance 4542r
ORDINANCE NO. 4542
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST -SHARE AGREEMENT WITH WIV-FAYETTEVILLE,
LLC IN AN AMOUNT OF $25,512.00 PLUS A CONTINGENCY
OF $39826.00 FOR A TOTAL OF $295338.00 FOR THE
CONSTRUCTION OF 350 FEET OF 8-INCH WATER MAIN
WHEREAS, the Fayetteville Planning Commission has approved a Large Scale
Development for Walgreen's on Joyce Boulevard which calls for the construction of a
water main extension; and
WHEREAS, it will be of great benefit to the City and businesses in the Mall area
to construct a water main loop extension in this area; and
WHEREAS, entering into a cost -share agreement with WIV-Fayetteville LLC
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 WIV-Fayetteville LLC in an amount of $25,512.00 plus a contingency
of $3,826.00 for a total of $29,338.00 for the construction of about 350 feet of 8-inch
water main to further the water main loop system near the Northwest Arkansas Mall.
PASSED and APPROVED this the 17`s day of February, 2004.
cFVETTE,
APPROVED:
By:
SONDRA SMITH, City Clerk
DAN COODY, Mayor
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this F Aruar!l 11, Jjd!i, by and between the City
of Fayetteville, Arkansas and WIV-Fayetteville, LLC, Witn th
WHEREAS, WIV-Fayetteville, LLC, will be hiring a contractor for the construction of a
Walgreen's at the northwest corner of Joyce Blvd. and Shiloh Dr.; and
WHEREAS, there
is an existing 8" water line on the west
side of this site that connects
to the 8" main along Joyce
Blvd. The developer will be
extending
this 8" main through the
project
site to provide service and fire protection to the
Walgreen's
development; and
WHEREAS, there is an existing system of water mains that serves the entire Northwest
Arkansas Mall complex and several businesses in this area. The mains end approximately 350
feet north of the Walgreen's development. This entire network of mains has only one point of
connection that crosses Highway 7 1 B at Zion Road; and
WHEREAS, it will benefit the City of Fayetteville to extend this 8" water main to
connect to the existing main north of the development at the same time by the same contractor.
This extension will create a loop in this area and prevent numerous businesses, including the
Mall, from having the water shut off in case of a water main break.
NOW, THEREFORE, the City of Fayetteville and WIV-Fayetteville, LLC agree as
follows:
Upon the City Council and/or the Mayor approving the Water Main Cost -Share,
the City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs & inspection
costs for the 8" water main along Shiloh Drive from Georgetown Square
Road to connect with the existing water main approximately 350 feet to
the north.
B. Pay a maximum -not -to -exceed cost of $29,338.00 for the afore mentioned
water main construction as was provided by WIV-Fayetteville, LLC
contractor 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
WIV-Fayetteville, LLC. 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 WIV-Fayetteville, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. WIV-Fayetteville, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable water main 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
installation.
C. Not proceed with the proposed construction unless/until the proposed
contractual agreement is approved by the City Council and/or the Mayor.
It is further understood that the contract for construction is between WIV-
Fayetteville, LLC and his Contractor 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
$29,338.00 for the water main installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE
By:
DAN COODY, ayor 0
WIV-Fayetteville, LLC
By:
NAME OF FILE: Ordinance No. 4542
wlagreement
CROSS REFERENCE:
Item # Date Document
1 12/22/03 memo to mayor & city council
2 draft resolution
3 copy of vicinity map
4 11/08/03 letter to James Koch from Harman & Son Const., Inc.
5 11/04/03 letter to James Koch from Harman & Son Const., Inc.
8 draft agreement
7 copy of purchase requisition
8 copy of vendor file maintenance form
g 01/02/04 Staff Review Form
10 02/25/04 memo to Earnest & Conklin
11
NOTES:
• 0 ?//71d
City Council Meeting of January 20, 2,91 V Fayeffpjt /1
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Tim Conklin, Community Planning and Engineering Services Director I C
Date: December 22, 2003
Subject: Proposed Walgreen's Cost Share in the amount of $25,512.00 with a
contingency of $3,826.00 with WIV-Fayetteville, LLC for the installation of
approximately 350 feet of 8" water main.
RECOMMENDATION
Staff recommends that the City cost -share with WIV-Fayetteville, LLC the developer, to
construct approximately 350 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.
On November 7, 2002, the Planning Commission approved the Large Scale Development
for Walgreen's. The proposed development is located at the northwest corner of Joyce
Blvd. and Shiloh Dr. As a part of this development, the developer will be constructing a
water main extension to provide service and fire protection to the site. The site grading
and water and sewer extensions have been approved for the site and construction is
underway.
There is existing water main along Joyce Blvd. There is also a system of mains that
serves the Northwest Arkansas Mall and several other businesses in this area. This
network of mains is fed from one point of connection at the intersection of Highway 7 1 B
and Zion Road. In the event of a water main break on this connecting line, the Mall and
many of the surrounding businesses would be without water. 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.
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• City Council Meeting of January 20, 2004
Construction bids have been provided to the City for these improvements by WIV-
Fayetteville, LLC.as follows:
Developer's Share $ 37,920.00
City's Share $ 259512.00
15% Contingency(City's Share) $ 3,826.00
Total $ 679258,00
BUDGETIMPACT
Based upon the information provided by the Budget & Research Division, there is a
proposed budget of $150,000.00 in the Water and Sewer Cost Sharing Account for 2004.
The final costs to the City will be based upon actual costs as documented by WIV-
Fayetteville, LLC. 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
I
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST -SHARE AGREEMENT WITH WIV-FAYETTEVILLE,
LLC IN AN AMOUNT OF $25512.00 PLUS A CONTINGENCY
OF $3,826.00 FOR A TOTAL 49 $2%338.00 FOR THE
CONSTRUCTION OF 350 FEET OF 8-INCH WATER MAIN
WHEREAS, the Fayetteville Planning Commission has approved a Large Scale
Development for Walgreen's on Joyce Boulevard which calls for the construction of a
water main extension; and
WHEREAS, it
will be
of great benefit to the
City and businesses in the Mall area
to construct a water main
loop
extension in this area;
and
WHEREAS, entering into a cost -share agreement with WIV-Fayetteville LLC
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 WIV-Fayetteville LLC in an amount of $25,512.00 plus a contingency
of $3,826.00 for a total of $29,338.00 for the construction of about 350 feet of 8-inch
water main to further the water main loop system near the Northwest Arkansas Mall.
PASSED and APPROVED this the 20`h day of January, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
199 �hf
By:
DRAFT
DAN COODY, Mayor
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MEN
11/08/2003 10:16 8173365i HARMAN AND SON PAGE 02/02
Harman & Son Construction, Inc.
1633 Rogers Rd. Fort Worth, TX 76107
817-336-5780 Fax 817-336-5797
www.harma n and son.com
11/8/03 (Revised)
Mr. James Koch
CEI Engineering Associates, Inc.
3317 SW T Street
Bentonville, AR 72712
RE: Watcr Line Extension Shiloh & Joyce
Dcar, Mr. Koch:
See below cost for the offsite waterline extension for the referenced project. If you should have any
questions please don't hesitate to call.
Description
Qty Cost Total
1. 8" C-900 365 LF $24 $8.760
2. 8" x 8" MJ Tee 1 S800 $800
3. 8" Ml Gate Valvc 1 $800 $800
4. 8" MJ 45 degree bend 2 $500 $1,000
5. Connect to fire hydrant 1 $1100 $1,1.00
6. Asphalt repair/patch 1 $7500 $7,500
7. Gravel bedding 100tons $13 $12300
$4,252
OH &P
$255512
Total
Sincerely,
Ga e H an
Project Manager
Harman & Son Consmiction, Inc.
SENT BY: CEI ENGINEERING; 50 4702730472; NOV-14e 2:43PM; PAGE 3/3
11/14/2003 13:20 817336 HARMAN AND SON PAGE 02/02
& Son Constri
1633 Rogers Rd. Fort Worth, TX 76
817-336.5780 Fax 817-336-5797
www.harmanandsoo.com
11/14/03 (Revised)
Mr. James Koch
CEI Engineering Associates, Inc.
3317 SW 1 Street
Bertronville, AR 12712
R6' Water Line Hxrension Shiloh & Joyce
Dear, Mr. Koch:
See below cost for the total water line extension for the referenced project. If you should have any
questions please don't hesitate to call.
Description
(OFFSITE)
8" C-900
8"x 8" MJ Tee
a" MJ Gate Valve
8" MJ 45 Degree Bend
Connect to Fire Hydrant
Asphalt Repair/patch
Gravel Bedding
Sub -Total
(ONSITE)
8" C-900
G- C•900
8"x 8" MJ Tee
8'-Ml Gate Valve
811MJ 45 Degree Bend
Gravel Bedding
8"x 9" Tapping Sleeve & Valve
8x6"Tee
6" MJ Gate Valve
8" x 8" M1 Cross
8" MJ Ring
Fire Hydrant Assembly
6" MJ Cap
8" x 6" Reducer
Gravel Class 7 Base
Concrete Blocking
Sub -Total
Total
AProlect'm
ger
Harman & Son Construction, Ine.
Qty
365LF
1
1
2
1
i
100 Tons
535LF
8OLF
t
9
2
60 Tons
3
2
140
4
Cost
S24
$300
$800
S500
$1,100
$7,500
$13
$24
$22
$800
$800
$500
$11
S2,600
$660
$630
$900
$400
$2090
S400
S450
Sl3
S100
Total
$8,760
$800
$800
$1,000
s1,100
S7,500
S1,300
$12, 940
S1,760
$800
S7,2GO
$1,000
$780
S2,600
S600
$100
5800
S400
S4,18O
SACO
S450
S 1,820
$400
421,260 a On f P
A 4,PS'Z
S37,920
$59,190
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this , by and between the City
of Fayetteville, Arkansas and WIV-Fayetteville, LLC, Witnesseth:
WHEREAS, WIV-Fayetteville, LLC, will be hiring a contractor for the construction of a
Walgreen's at the northwest comer of Joyce Blvd. and Shiloh Dr.; and
WHEREAS, there
is an existing 8" water line on the west
side of this site that connects
to the 8" main along Joyce
Blvd. The developer will be
extending
this 8" main through the
project
site to provide service and fire protection to the
Walgreen's
development; and
WHEREAS, there is an existing system of water mains that serves the entire Northwest
Arkansas Mall complex and several businesses in this area. The mains end approximately 350
feet north of the Walgreen's development. This entire network of mains has only one point of
connection that crosses Highway 71B at Zion Road; and
WHEREAS, it will benefit the City of Fayetteville to extend this 8" water main to
connect to the existing main north of the development at the same time by the same contractor.
This extension will create a loop in this area and prevent numerous businesses, including the
Mall, from having the water shut off in case of a water main break.
NOW, THEREFORE, the City of Fayetteville and WIV-Fayetteville, LLC agree as
follows:
Upon the City Council and/or the Mayor approving the Water Main Cost -Share,
the City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs & inspection
costs for the 8" water main along Shiloh Drive from Georgetown Square
Road to connect with the existing water main approximately 350 feet to
the north.
B. Pay a maximum -not -to -exceed cost of $29,338.00 for the afore mentioned
water main construction as was provided by WIV-Fayetteville, LLC
contractor 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
WIV-Fayetteville, LLC. 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 WIV-Fayetteville, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. WIV-Fayetteville, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable water main 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
installation.
C. Not proceed with the proposed construction unless/until the proposed
contractual agreement is approved by the City Council and/or the Mayor.
It is further understood that the contract for construction is between WIV-
Fayetteville, LLC and his Contractor 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
$29,338.00 for the water main installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE WIV-Fayetteville, LLC
By: By: a
DAN COODY, Mayor
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REQUEST FOR VENDOR FILE MAINTENANCE
(CHECK ALL AVAILABLE RESOURCES, VENDOR LIST, ACCESS
SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST)
DATE OF REQUEST: 12/29/03 REQUESTED BY:
DEPTJDIVISION: Engineering EFFECTIVE DATE:
TELEPHONE EXTENSION: 429
Matt Casey
ASAP
NEW VENDOR: VENDOR CHANGE: VENDOR RE-ENTRY: O
VENDOR #: VENDOR #:
VENDOR NAME: WIV-Fayetteville, LLC
STREET OR P.O. BOX: 541 North Fairbanks Court, Suite 1890
CITY: Chicago STATE: IL ZIP CODE: 60611
ATT: PHONE: 312-645-0722
E-Mail Fax #
REMITTANCE ADDRESS IF DIFFERENT FROM ABOVE:
NAME:
ADDRESS:
CITY, ST, ZIP:
TYPE OF ORGANIZATION
CORPORATION 000): 0
FEDERALID 82-0565492 PARTNERSHIP (200): 0
OR INDIVIDUAL (300): 0
SOCIAL EMPLOYEE (400): 0
PENSION (500): 0
NON-PROFIT (6001: 0
NEW VENDOR:
VENDOR CHANGES:
VENDOR RE-ENTRY:
W-9 FORM MAILED:
PURCHASING OFFICE USE ONLY
ENTERED BY:
DATE:
G. L. FILE:
INVENTORY FILE:
s TA•REVIEW FORM - FINANCIAL OBLIGAN
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: January20,2004
FROM
Matt Casey Engineering Community Planning & Engineering
Name Division Department
ACTION REQUIRED: Approval of a cost -share and bid waiver in the amount of $25,512.00 with a contingency
of $3,826.00 with WIV-Fayetteville, LLC. for the construction of approximately 350' of 8" water main.
COST TO CITY:
$29,338.00
Cost of this request
$ 150,000.00
Category/Project Budget
5400.5600.5808.00 $
Account Number
02067
Project Number
Funds Used to Date
Water & Sewer Cost Sharing
Program Category / Project Name
Water & Sewer Improvements
Program / Project Category Name
$ 150,000.00 Water & Sewer Fund
Remaining Balance
BUDGET REVIEW: Budgeted Item
z:: 11 -Z `/ mod?
Budget Manager Date
Fund Name
Budget Adjustment Attached
q o3
D� Inter al ditor Date
two Id 3 03
Date Purchasing Manager Date
STAFF RECOMMENDATION: Staff recommends approval of the cost share and bid waiver.
Received in Mayor's Office
Division Head Date
Department Director Date
Finance & Internal Services Dir. Date
W,F 10
• D.te
nr-•rta
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item: Yes No
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPOND
To: Hugh Earnest, Chief Administrative Officer ✓
Tim Conklin, Community Planning & Engineering
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: February 25, 2004
Re: Ordinance No. 4542
Attached is a copy of the above ordinance passed by the City Council February 17, 2004, waiving
the competitive bidding and approval of a cost -share agreement with WIV-Fayetteville. Tim I
have attached two originals of the agreement to your memo. This ordinance with attachments will
be recorded in the city clerk's office and microfilmed.
If anything else is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Hugh Earnest, Chief Administrative Officer
Tim Conklin, Community Planning & Engineering 1/
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: February 25, 2004
Re: Ordinance No. 4542
Attached is a copy of the above ordinance passed by the City Council February 17, 2004, waiving
the competitive bidding and approval of a cost -share agreement with WIV-Fayetteville. Tim I
have attached two originals of the agreement to your memo. This ordinance with attachments will
be recorded in the city clerk's office and microfilmed.
If anything else is needed please let the clerk's office know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
