HomeMy WebLinkAboutOrdinance 4620ORDINANCE NO. 4 6 2 0
AN ORDINANCE WAIVING THE REQUIREMENTS 0 viAL
COMPETITIVE BIDDING AND APPROVING A COST -SHARE
AGREEMENT WITH NOCK INVESTMENTS, LLC IN THE AMOUNT
OF $45,594.00 FOR UPSIZING APPROXIMATELY 1,920 FEET OF 8-
INCH WATER MAIN TO 12-INCH WATER MAIN; APPROVING A
PROJECT CONTINGENCY OF $6,840.00; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF $52,434.00 FOR
SAME.
WHEREAS, the Fayetteville Planning Commission has approved the Residential Planned Zoning
District for Nock Investments, LLC's proposed Rupple Row subdivision, with the recommendation for a cost -
share agreement to upsize approximately 1,920 feet of 8-inch water main to 12-inch water main, and;
WHEREAS, entering into a cost -share agreement with Nock Investments, 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 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 Nock
Investments, LLC in the amount of $45,594.00 for upsizing approximately 1,920 feet 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 $6,840.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment in the amount of $52,434.00 for same.
PASSED AND APPROVED this 2 1 " day of September 2004.
DAN COODY, Mayor
ATTEST: U
By: Qtowr :ham% UTY �P+'•CP'.
SO DRA SMITH, City Clerk
Ev FAYETfEVILLE
Sit 4L
' !�III00Its"'
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this; (J L t91Po1A4 by and between the City
of Fayetteville, Arkansas and Nock Investments, LLC, Witnesseth:
WHEREAS, Nock Investments, LLC, will be hiring a contractor for the construction of a
260 lot residential at the northwest corner of Persimmon Street and Rupple Road; and
WHEREAS, there is an existing 12" water line along Rupple Road on the east side of
this site. The developer will be extending an 8" main from this point through the project site to
provide service an fire protection to the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade a portion of this 8" water
main extension to a 12" main from the point of connection to the southwest corner of the site.
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 Nock Investments, 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 for the upsizing
to a 12" water main along Rupple Road.
B. Pay a maximum -not -to -exceed cost of $52,434.00 for the afore mentioned
water main construction as was provided by Nock Investments, LLC 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 Nock Investments,
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 Nock Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. Nock Investments, 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.
3. It is further understood that the contract for construction is between Nock
Investments, 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
$52,434.00 for the water main installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE
By: 4. zeyy ( M
DAN COODY, Mayor
f Fayetteville, Arkansas
get Adjustment Form •
Budget Year Department: Impact Fee Expense Date Requested Adjustment Number
2004 Division:
9/21 /2004
Program:
Project or Item Requested: Project or Item Deleted:
$52,434 is requested in the Water Line Improvements None. To recognize $52,434 in the Water Impact Fee
account of the Water Impact Fee Cost Sharing Projects Revenue account.
capital project.
Justification of this Increase:
The funding is required to approve a cost share project
with Nock Investments for the construction of water
mains.
istification of this Decrease:
Currently, $464,089 has been collected for Water Impact
Fees since 2003. There is sufficient fund balance
remaining to comply with City objectives.
Increase Budget (Decrease Revenue)
Account Name
Account Number
Amount
Project Number
Water line improvements
2300 9300 5808 00
52,434
04039 1
Decrease Budget (Increase Revenue)
Account Name
Account Number
Amount
Project Number
Water Impact Fee Revenue
2300 0930 4421 00
52,434
Approval Signatures
Date
_ 3 117
Date
Department Director Date
Finance & Internal rvices Director Date
Mayor --- Da e
Budget Office Use Only
Type: A B C E
Date of Approval
Initial Date
Posted to General Ledger
Initial Date
Posted to Project Accounting
Initial Date
Entered in Category Log
Initial Date
NAME OF FILE: Ordinance No. 4620
w/ Agreement & budget adjustment form
CROSS REFERENCE:
Item # Date Document
1
08/30/04
memo to mayor & City Council
2
draft ordinance
3
copy of letter from Jorgensen & Assc. To Matt Casey
4
copy of waterline project
5
copy of One Mile View
6
copy of letter from Jorgensen & Assc. To Matt Casey
7
copy of cost estimate
8
coyp of subdivision lots
9
Staff Review
10
memo to Matt Casey
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
. 9/yl/D�
City Council Meeting of September 21, 2004 Nd zd
Ay&.Zti flls1�U410s
CITY COUNCIL AGENDA MEMO `Le�war/yAaN
To: Mayor and City Council
Thru: Hugh Earnest, Chief Administrative Officer
From: Tim Conklin, Community Planning and Engineering Services Director
Date: August 30, 2004
Subject: Proposed Rupple Row Cost Share in the amount of $45,594.00 with a
contingency of $6,840.00 with Nock Investments, LLC for the upsizing of
approximately 1920 feet of 8" water main to a 12" water main.
RECOMMENDATION
Staff recommends that the City cost -share with Nock Investments, LLC, the developer, to
upsize approximately 1920 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
main system in this area.
BACKGROUND
On June 10, 2004, the Planning Commission approved the Residential Planned Zoning
District for Rupple Row Subdivision and it was forwarded to the City Council for
approval. The proposed development is located at the northwest comer of Persimmon
Street and Rupple Road. As a part of this development, the developer will be
constructing a water main extension to provide service and fire protection to the site.
DISCUSSION
There is existing 12" water main along Rupple Road that was extended to the Boys and
Girls Club site. As a part of the development, the developer is required to connect to this
main and extend an 8" main through the subdivision and terminate the water main at the
southwest comer of this site. 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. .
LvtfY �S/N G
• City Council Meeting ofSeptember 21, 2004
Construction estimates have been provided to the City for these improvements by Nock
Investments, LLC as follows:
Developer's Share $ 40,864.00
City's Share $ 459594.00
15% Contingency(City's Share) $ 61840,00
Total $ 939298,00
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 Nock
Investments, 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
E
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST -SHARE
AGREEMENT WITH NOCK INVESTMENTS, LLC IN THE AMOUNT
OF $459594.00 FOR UPSIZING APPROXIMATELY 1,920 FEET OF 8-
INCH WATER MAIN TO 12-INCH WATER MAIN; APPROVING A
PROJECT CONTINGENCY OF $6,840.00; AND APPROVING A
BUDGET ADJUSTMENT IN THE AMOUNT OF $52,434.00 FOR
SAME.
WHEREAS, the Fayetteville Planning Commission has approved the Residential Planned Zoning
District for Nock Investments, LLC's proposed Rupple Row subdivision, with the recommendation for a cost -
share agreement to upsize approximately 1,920 feet of 8-inch water main to 12-inch water main, and;
WHEREAS, entering into a cost -share agreement with Nock Investments, 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 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 Nock
Investments, LLC in the amount of $45,594.00 for upsizing approximately 1,920 feet of 8-inc r,,main to
12-inch water main. i
Section 2. That the City Council of the City of Fayetteville,
contingency of $6,840.00.
Section 3. That the City Council of the Cityi6f Fayetteville,
adjustment in the amount of $52,434.00 for same. 11, l
PASSED AND
0
M
N
21s` day i.
pISep4mber 2004.
DAN GOODY, Mayor
hereby
a project
a budget
07/29/2003 16:12 FAX 4793824807 • JORGENSEN & ASSOC +* PLAN/ENGR 0001
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBItIUC E, SW'fE 5 FAYETTEVILLE, ARKANSAS 7270.4 (479) 442-9127 • FAX (479) S82-4807
DAVID L- JORGENSEN, P.E., P.L.S.
July 29, 2004 CHRISTOPHER B. BRACKETT, P.E.
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
JUL 3 0 2004
Attu: Matt Casey, P.E.
Re: Rupple Row Subdivision — 12" Waterline
Dear Matt;
Attached herewith please find the cost estimate for the upgrade from a 8" waterline to a
12" waterline as part of the Rupple Row Subdivision. The cost share is $45,594.00.
The following is the owner's name and tax ID number:
Nock Investments, LLC
Tax ID # 41-2104007
Please call concerning any questions, continents or concerns you may have.
Thank you.
Sincerely;
OL444 4 &An: �
Christopher B. Brackett, P.E.
• STRUCTURAL DESIGN LAND DEEVEL01'MENT* WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING •
07/29/2003 16:12 FAX 4795824807 JORGENSEN & ASSOC i FAY PLAN/ENGR Z 002
• •
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 FAYETTFVILLE, ARKANSAS 72703 (479) 442-9127 • FAX (479) 582-4907
DAVID L.IORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT, P.E.
COST ESTIMATE (8" WATERLINE)
1) Connect to Ex. Water East End
2) 6450 Bends (8") @ 130
3) 30' Bore & Encasement for 8" line @ 225
4) 9-8" GV @ 650
5) 4-8" tees @ 180
6) Connect to Ex. Water West End
7) 1920' 8" Water @ 13,00
8) Bond @ 1.5%
Total
COST ESTIMATE (12" Weaerline)
1) Connect to Ex. Water. East End
2) 445° Bends (12") @280
3) 30' Bore & Encasement for 12" Line @ 325
4) 10-12" Butterfly V. @ 3300
5) 3-8" GV. @ 650
6) Connect to Ex, Water West End
7) 1920' 12" Water @ 19.00
8) Bond @ 1.5%
9) 4-12" Tees @ 320
10) 1-12" Cross @ 400
Total
Extra Cost = $ 45,594.00
$ 700.00
$ 780.00
$ 6,750.00
$ 57850.00
$ 720.00
$ 500.00
$24,960.00
$ 604.00
$40.864.00
$ 700.00
$ 1,120.00
$ 9,750.00
$337000.00
$ 17950,
00
$ 500,00
$367480.00
$ 1,278.00
$ 1,280.00
$ 400.00
$861458,
00
• STRUCTURAL DESIGN • I.ANI) DEVEL.01''MENT • WATER SYSTEMS • WASTEWA)'13R SYSTEMS • LAND SURVEYING
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STAFAVIEW FORM - FINANCIAL OBLIGATI
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 $45,594.00 with a contingency of
$6,840.00 with Nock Investments, LLC for the upsizing of approximately 1920' of 8" water main to 12". Approval
of a budget adjustment.
COST TO CITY:
$52,434.00
Cost of this request
2300.9300.5808.00
Account Number
04039
$ - Water Impact Fee Cost Sharing Projects
Category/Project Budget Program Category / Project Name
$ - Water & Sewer Improvements
Funds Used to Date Program / Project Category Name
Project Number Remaining Balance
BUDGET REVIEW: Budgeted Item
� 3"ry
Budget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
r
Ac ou ing Mana�geJr
City Atto It
ey Date
Fund Name
Budget Adjustment Attached
Internal Auditor
Purchasing Manager
STAFF RECOMMENDATION: Staff recommends approval of the budget adjustment, cost share and
Received in Mayor's Office
Division Head Date
Department Director Date
'\
Finance & Internal Servic� Date
Chie Administrative Officer
Mayor
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
nr�t-
Date
aiver6 .
0i
Date /
New Item: Yes No
FAYETTEViLLE
9
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
To: Matt Casey
Engineering Division
From: Clarice Buffalohead-PearmanW%
City Clerk Division
Date: September 29, 2004
Re: Ordinance No. 4620
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
The City Council passed the above ordinance, September 21, 2004, waiving the
bid requirements allowing a cost -share agreement with Nock Investments, LLC.
for upsizing water main. 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