HomeMy WebLinkAboutOrdinance 46190
ORDINANCE NO.4 619
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST -SHARE
AGREEMENT WITH SLOAN PROPERTIES, INC. IN THE AMOUNT
OF $529282.63 FOR UPSIZING APPROXIMATELY 2725 FEET OF 8-
INCH WATER MAIN TO 12-INCH WATER MAIN; APPROVING A
PROJECT CONTINGENCY OF $7,842.00; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF $60,125.00 FOR
SAME.
WHEREAS, Sloan Properties, Inc. is planning a residential development, requiring a water main
extension, with Staff recommending that the City enter into a cost -share agreement to upsize approximately
2725 feet of 8-inch water main to 12-inch water main, and;
WHEREAS, entering into a cost -share agreement with Sloan Properties, Inc. 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 finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and
waives the requirements of formal competitive bidding and approves a cost -share agreement with Sloan
Properties, Inc. in the amount of $52,282.63 for upsizing approximately 2725feet of 8-inch water main to 12-
inch water main.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project
contingency of $7,842.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment in the amount of $60,125.00 for same.
PASSED AND APPROVED this 21" day of September 2004.
ATTEST:
By: Q v
SONDRA SMITH, City&4�0�
FAYETTEVILLE
t-
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this &lur c2/ , o2Wf by and between the City
of Fayetteville, Arkansas and Sloan Properties, Inc., Witnesseth:
WHEREAS, Sloan Properties, Inc., will be proposing a development along the south side
of Persimmon Street between Rupple Road and Broyles Road; and
WHEREAS, The developer will be extending an 8" main through the project site to
provide service an fire protection to the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade this 8" water main
extension to a 12" main. This upgrade will continue the creation of a 12" water main grid in this
area in accordance with the water distribution master plan.
NOW, THEREFORE, the City of Fayetteville and Sloan Properties, Inc. 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 for the upsizing
to a 12" water main along Persimmon Street.
B. Pay a maximum -not -to -exceed cost of $60,124.63 for the afore mentioned
water main construction as was provided by Sloan Properties, Inc. and
made a part of this agreement.
C. Reconsider the costs if the future and actual construction prices exceed the
maximum -not -to -exceed amount that was furnished by Sloan Properties,
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 Sloan Properties, Inc. within thirty
(30) days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Sloan Properties, Inc. 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 Sloan
Properties, Inc. 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 $60,124.63
for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Sloan Properties, Inc.
By: j a U
of Fayetteville, Arkansas •
udget Adjustment Form
Budget Year Department: Impact Fee Expense Date Requested Adjustment Number
Division:
2004 Program: 9/21 /2004
Project or Item Requested: Project or Item Deleted:
$%l25 is requested in the Water Line Improvements None. To recognize $60,125 in the Water Impact Fee
account of the Water Impact Fee Cost Sharing Projects Revenue account.
capital project.
Justification of this Increase: Justification of this Decrease:
The funding is required to approve a cost share project Currently, $464,089 has been collected for Water Impact
with -Sloan Properties for the construction of water mains. Fees since 2003. There is sufficient fund balance
remaining to comply with City objectives.
Increase Budget (Decrease Revenue)
Account Name Account Number
Water line improvements 2300 9300 5808 00
Account Name
Water Impact Fee Revenue
Approval Signatures
Amount Project Number
60,125 04039 1
Decrease Budget (Increase Revenue)
Account Number Amount
2300 0930 4421 00 60,125
Requested By Date
Bfidget Manager Date
Department Director
Date
Finance & In[emal vices Dir ctor ate
Mayor Date
Budget Office Use Only
Project Number
Type: A B C DD E
Date of Approval
Initial Date
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
NAME OF FILE: Ordinance No. 4619
w/ Agreement & budget adjustment form
CROSS REFERENCE:
Item # Date Document
1
12/02/04
memo to mayor & City Council
2
draft ordinance
3
copy of letter from Jorgensen & Assc. To Matt Casey
4
copy of Jorgensen cost estimates
5
copy of waterline project
6
copy of map
7
copy of Close Up View
8
copy of purchase requisition
9
Staff Review
10
memo to Matt Casey
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
co le
• City Council Meeting ofeptember 21, 2004
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: September 2, 2004
Subject: Proposed Persimmon Street Cost Share in the amount of $52,282.63 with a
contingency of $7,842.00 with Sloan Properties, Inc.for the upsizing of
approximately 2725 feet of 8" water main to a 12" water main.
RECOMMENDATION
Staff recommends that the City cost -share with Sloan Properties, Inc., the developer, to
upsize approximately 2725 feet of 8" water main to a 12" main. By participating in the
construction of these improvements, the City will be continuing a 12" grid in the water
line distribution system in this area.
BACKGROUND
The developer is planning a residential development along the south side of Persimmon
Street. A rezoning request has been submitted for this property and is currently in the
Planning Commission process. As a part of this future development, the developer will
be required to construct a water main extension to provide service and fire protection to
the site.
The developer currently has a residential subdivision (Cross Keyes) under construction at
the northeast corner of 461h Street and Persimmon Street. The future development will be
located directly south of Cross Keyes and will extend west to Broyles Road. The
developer has requested approval of an extension of a water main along Persimmon
Street across the frontage of the future residential development. The developer has a
contractor on -site and would like for them to install this additional water main at the
same time as the Cross Keyes construction. This area is identified on the Water Master
plan as a corridor for a portion of a 12" grid between Highway 16 and Highway 62. It
would benefit the City to cost -share with the developer for the construction of this portion
of the planned grid.
• City Council Meeting Aptember 21, 2004
Construction estimates have been provided to the City for these improvements by Sloan
Properties, Inc. as follows:
Developer's Share $2529815.00
City's Share $ 52,282,63
15% Contingency(City's Share) $ 7,842.00
Total $312,939.63
BUDGETIMPACT
The funds for this water line distribution project will come from the Impact Fee Fund's
use of fund balance. The water impact fee methodology "Buy -In Approach" is based
partially on the cost of a water line distribution and transmission system of 12" lines and
larger. Currently, $464,089 has been collected for Water Impact Fees since 2003. A
budget adjustment is attached with this request to fund the proposed project.
The final costs to the City will be based upon actual costs as documented by Sloan
Properties, 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.
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST -SHARE
AGREEMENT WITH SLOAN PROPERTIES, INC. IN THE AMOUNT
OF $52,282.63 FOR UPSIZING APPROXIMATELY 2725 FEET OF 8-
INCH WATER MAIN TO 12-INCH WATER MAIN; APPROVING A
PROJECT CONTINGENCY OF $7,842.00; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF $60,125.00 FOR
SAME.
WHEREAS, Sloan Properties, Inc. is planning a residential development, requiring a water main
extension, with Staff recommending that the City enter into a cost -share agreement to upsize approximately
2725 feet of 8-inch water main to 12-inch water main, and;
WHEREAS, entering into a cost -share agreement with Sloan Properties, Inc. 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 finds that such
circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and
waives the requirements of formal competitive bidding and approves a cost -share agreement with Sloan
Properties, Inc. in the amount of $52,282.63 for upsizing approximately 2725 feet of 8-inch waterma to 12-
inch water main. =
Section 2. That the City Council of the City of Fayetteville, Arkansaslreby approves a project
contingency of $7,842.00.
-w, I
i
Section 3. That the City Council of the City/of Fayetteville, Arkansas' hereby approves a budget
adjustment in the amount of $60,125.00 for same.
PASSED AND APPROVED this 21 S` day ofiSeptmber 2004. �J
v � PRROVED:
/ By:
DAN COODY, Mayor
ATTEST:
By:
SONITH, City Clerk
09/03/2003a11:36 FAX 4795824807 • JORGENSEN & ASSOC 46 PLAN/ENGR Z 002
JORGENSEN & ASSOCIATES
VIL ENGINEERS •
SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETPEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E, P.L.S.
September 3, 2004 CHRISTOPHER B. BRACKETT, P.E.
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Attn: Matt Casey, P.E.
Re: Cross Keys Subdivision Phase 1— 12" Waterline Cost Share
Dear Matt;
Attached herewith please .find the cost estimate for the upgrade from an 8" waterline to a
12" waterline as part of the Cross Keys Subdivision Phase I. The additional cost for the
12" waterline is $52,281.75,
Please call concerning any questions you may have.
Thank you.
Sincerely;
Christopher B. Brackett, P.H.
STRUCTURAL DESIGN ' LAND DEVELOPMENT • WATER SYSTEMS 6 WASTEWATER SYSTEMS • LAND SURVEYING
09/03/2003 11:37 FAX 4795824807 JORGENSEN & ASSOC FAY PLAN/ENGR Q 003
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEXORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442.9727 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT, P.E.
COST ESTIMATE (8" WATERLINE)
1. Connect to Existing Water East End $500.00
2. 2,725 L.F. 8" Water @ $13.00/L.F• $357425.00
3. 8" Cross @ $330.00 $330.00
4. 2-450 Bend (8") @ $130.00 $260.00
5. 2-11.250 Bend (8") @ $110.00 $220.00
6. 8" Tee @ $180.00 $180.00
7. 6-8" Gate Valves @ $650.00 $3,900.00
8. 4-Street Cut/Repair @ $37000.00 $1200.00
9. 2,000 cu.yd. Rock Excavation @ $ 1 00.00/cu.yd, 1200,000.00
$252,815.00
COST ESTIMATE (12" WATERLINE)
10. Connect to Existing Water East End $500.00
IL 2,725 L.F. 12" Water @ $18.63/L.F. $5V66.75
12. 12" Cross @ $400.00 $400.00
13_ 2-450 Bend (12") @ $280.00 $560.00
14. 2-11.250 Bend (1219) @ $270.00 $520.00
15. 12"x8" Tee @ $210.00 $210.00
16. 6-12" Butterfly Valves @ $3,300.00 $199800.00
17. 4-Street Cut/Repair @ $3,085.00 $127340.00
18. 2,200 cu.yd. Rock Excavation @ $100.00/cu.yd. 220 000.00
$305,096.75
Extra Cost = $52,281,75
STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS 0 WASTEWATER SYSTEMS • LAND SURVEYING
09/03/2003 08:50 FAX 4795824807
JORGENSEN & ASSOC
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STAFF REVIEW FORM - FINANCIAL OBLIGATIOf
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: September 21, 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 $52,282.63 with a contingency of
$7,842.00 with Sloan Properties, Inc. for the upsizing of approximately 2725' of 8" water main to 12". Approval of
a budget adjustment.
COST TO CITY:
$60,124.63 $ - Water Impact Fee Cost Sharing Projects
Cost of this request Category/Project Budget Program Category / Project Name
2300.9300.5808.00 $ - Water s Sewer Improvements
Account Number Funds Used to Date Program / Project Category Name
04039 $ -
Project Number Remaining Balance Fund Name
BUDGET REVIEW: _� Budgeted Item Budget Adjustment Attached
Budget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
i
QtS�iga Ywt
Acco nting Manager 6a6e Internal Auditor Date
City Att rney Date Purchasing Manager Date
STAFF RECOMMENDATION: Staff recommends approval of the budget adjustment, cost share and bid waiver. 'LL
Received in Mayor's Office A>
Division Hea<=='%'� L� Date Dat e II
—o Cross Reference:
Department Director Date
.�,! Previous Ord/Res#:
i- "Y
A
e & Internal Services Dir. Date Orig. Contract Date:
/ Orig. Contract Number:
Chie dministrative Officer Date
New Item: Yes No
Mayor Date
FAYETTEV%.LE �
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Matt Casey
Engineering Division
From: Clarice Buffalohead-Pearman*
City Clerk Division
Date: September 29, 2004
Re: Ordinance No. 4619
The City Council passed the above ordinance, September 21, 2004, waiving the
bid requirements allowing a cost -share agreement with Sloan Properties, Inc. for
upsizing water main along Persimmon Street. I have attached a copy of the
ordinance and budget adjustment. Also attached is your original purchase
requisition and three of four original agreements.
This ordinance
will be
recorded
in the city
clerk's office and microfilmed. If
anything else
is
needed
please
let
the clerk's
office
know.
Attachment(s)
cc: Nancy Smith, Internal Auditor
Barbara Fell, Budget & Research