HomeMy WebLinkAboutOrdinance 46210
ORDINANCE NO. 4 6 21
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST -SHARE
AGREEMENT WITH TERMINELLA, INC. IN THE AMOUNT OF
$8%120.00 FOR UPSIZING APPROXIMATELY 5,200 FEET OF 8-INCH
WATER MAIN TO 12-INCH WATER MAIN; APPROVING A PROJECT
CONTINGENCY OF $13,368.00; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $102,488.00 FOR SAME.
WHEREAS, the Fayetteville Planning Commission has approved the Preliminary Plats for
Terminella, Inc.'s proposed Grand Valley Estates and Grand Valley Stables subdivisions, with the
recommendation for a cost share agreement to upsize approximately 5,200 feet of 8-inch water main to 12-inch
water main, and;
WHEREAS, entering into a cost -share agreement with Terminella, 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 thav'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 Terminella,,
Inc. in the amount of $89,120.00 for upsizing approximately 5,200 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 $13,368.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment in the amount of $102,488.00 for same.
PASSED AND APPROVED this 2 1 " day of September 2004.
ATTEST:
--
CONTRACTU ,L AGREEMENT
This Agreement, made and entered into this!3(4 by and between the City
of Fayetteville, Arkansas and Terminella, Inc., Witnesseth:
WHEREAS, Terminella, Inc., will be hiring a contractor for the construction of two
residential subdivisions on the north side of Guy Terry Road east of Howard Porter Road; and
WHEREAS, there is an existing 18" water line along Gully Road that the developer will
be connecting to. The developer will be extending an 8" main from this point north along
Howard Porter road and then east along Guy Terry Road to the project sites to provide water
service to the developments; 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 north along Howard Porter Road to
the intersection of Guy Terry Road.. This upgrade will continue the creation of a 12" water main
grid in this area.
NOW, THEREFORE, the City of Fayetteville and Terminella, 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 Howard Porter Road.
B. Pay a maximum -not -to -exceed cost of $102,488.00 for the afore
mentioned water main construction as was provided by Terminella, 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 Terminella, 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 Terminella, Inc. within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
Terminella, 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 Terminella,
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 S 102,488.00 for the
water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE
LZ
Terminella, hc.
i
By:
of Fayetteville, Arkansas
itdget 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:
$1020488 is requested in the Water Line Improvements None. To recognize $102,488 in the Water Impact Fee
account of the Water Impact Fee Cost Sharing Projects Revenue account.
capital project. .
The funding is required to approve a cost share project
with Terminella, Inc. for the construction of water mains.
Justification 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.
increasersuuget tecreasettevenue)
Account Name
Account Number
Amount
Project Number
Water line improvements
2300 93001 5808 00
102,488
04039 1
Decrease Budget (Increase Revenue)
Account Name
Account Number
Amount
Project Number
Water Impact Fee Revenue
2300 0930 4421 00
1021488
Approval Signatures
Budget Office Use Only
Type: A
B C
D( ) E
Requested By Date
/ �5ger te
Bridge[ Mai er Date
Department Director
Date
4? J w w
Date
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. 4621
w/ Agreement & budget adjustment form
CROSS REFERENCE:
Item # Date Document
1
08/30/04
memo to mayor & City Council
2
draft ordinance
3
letter from Norwest Excavation to Matt Casey
4
copy of One Mile View
5
2nd copy of One Mile View
6
copy of map
7
copy of purchase requisition
8
Staff Review
9
memo to Matt Casey
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NOTES:
• • 4/z/ /of
City Council Meeting of September 21, 2004 yG Zi
�rwi In
CITY COUNCIL AGENDA MEMO�✓�,�
lee
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 Grand Valley Cost Share in the amount of $89,120.00 with a
contingency of $13,368.00 with Terminella, Inc. for the upsizing of
approximately 5200 feet of 8" water main to a 12" water main.
RECOMMENDATION
Staff recommends that the City cost -share with Terminella, Inc., the developer, to upsize
approximately 5200 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.
On February 23, 2004, the Planning Commission approved the Preliminary Plats for
Grand Valley Estates and Grand Valley Stables Subdivisions. The proposed
developments are located in the Fayetteville Planning Area on the north side of Guy
Terry Road east of Howard Porter Road. As a part of this development, the developer
will be constructing an off -site water main extension to provide water service to the site.
DISCUSSION
There is existing 18" water main along Gully Road. As a part of the development, the
developer is required to connect to this main and extend an 8" main along Howard Porter
Road and Guy Terry Road to the subdivisions and terminate the water main at the east
end of their development. This cost -share agreement is to upgrade the main from the
point of connection along Howard Porter Road to the intersection with Guy Terry Road.
It would benefit the City to cost -share with the developer for the construction of this
portion of the planned 12" grid.
RM
• City Council Meeting of September 21, 2004
Construction estimates have been provided to the City for these improvements by
Terminella, Inc. as follows:
Developer's Share $171,610.00
City's Share $ 899120.00
15% Contingency(City's Share) $ 13,368.00
Total $2749098.00
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 Terminella,
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 TERMINELLA, INC. IN THE AMOUNT OF
$8%120.00 FOR UPSIZING APPROXIMATELY 5,200 FEET OF 8-INCH
WATER MAIN TO 12-INCH WATER MAIN; APPROVING A PROJECT
CONTINGENCY OF $13,368.00; AND APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $102,488.00 FOR SAME.
WHEREAS, the Fayetteville Planning Commission has approved the Preliminary Plats for
Terminella, Inc.'s proposed Grand Valley Estates and Grand Valley Stables subdivisions, with the
recommendation for a cost share agreement to upsize approximately 5,200 feet of 8-inch water main to 12-inch
water main, and;
WHEREAS, entering into a cost -share agreement with Terminella, 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 Terminella,
Inc. in the amount of $89,120.00 for upsizing approximately 5,200 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 $13,368.00.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment in the amount of $102,488.00 for same.
PASSED AND APPROVED this 21" day of September 2004.
APPROVED:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
E
NABHOtj ,
o
Building Integrity
3301 Nonh 2nd • P.O. Box 277 • Rogers, Arkansas 72757 • Ph 479-636-7795 • Fax 479-621-8089 ■ w ..nebholzsom
August 12, 2004
Mr. Matt Casey ?fae 57 P.n
t {{{ ���
CITY OF FAYETTEVILLE ENGINEERING ` `-tin
I(�I
113 West Mountain CiS�S II�J'
Fayetteville, AR AUG 1 3 2004
RE: Revised Proposal -----------�{
Grand Valley Stables and Grand Valley Estates, 12" Waterline Extension
Dear Mr. Casey:
Terminella Inc. has proposed to install an 8" waterline from an existing 18" main to the proposed
developments of Grand Valley Stables and Grand Valley Estates on Guy Terry Rd. This new
waterline will extend approximately 5200 If from a new connection at the intersection of Howard
Porter Rd and Gulley Rd to the Grand Valley Stables subdivision. Northwest Excavation has been
contracted by Terminella Inc to perform this work. Our contract with Terminella Inc. for this "off -
site" portion of the waterline improvements is $171,610.00 (one hundred seventy-one thousand
six hundred ten dollars and no/100).
Per a request from the City of Fayetteville, Terminella Inc. has directed Northwest Excavation to
provide a proposal to the for "up -sizing" the 5200 If of water line from 8" PVC to 12" PVC. Our
price for this up -grade is $89,120.00 (eighty-nine thousand one hundred twenty dollars and
no/100) which includes the necessary insurance, taxes, labor, equipment and materials. This price
includes the additional costs for up -sizing the proposed 8" offsite water main depicted on the
project drawings as per Engineering Services, Inc. (dated April 2004 sheets 1-13 for Grand Valley
Stables) to a 12" main. We have based this cost on the following scope of work:
Furnish and install 12" x 18" tapping sleeve and valve in lieu of 8" x 18"
Furnish and install approx. 5200 If of 12" C-900 PVC water main in lieu of 8" PVC
Furnish and install 5 ea 12" butterfly valves in lieu of 8" gate valves
Furnish and install 12" DIP fittings in lieu of 8" fittings
Provide bonds and insurance as required by the city of Fayetteville
Please note that this price excludes.
1. Rock excavation — if rock excavation is necessary, the quantity of rock attributable
to the trench dimensions for a 12" waterline in lieu of an 8" waterline will be
charged at a rate of $150.00 per cubic yard.
2. Relocation or removal of conflicting existing utilities
If you have any questions, please do not hesitate to call.
'ION
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STAFF REVIEW FORM - FINANCIAL OBLIGATION
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: September 21, 2004
rjai0
Matt Casey Engineering Community Planning & Engineering
Name Division Department
ACTION REQUIRED: Approval of a cost -share and bid waiver in the amount of $89,120.00 with a contingency of
$13,368.00 with Terminella, Inc. for the upsizing of approximately 5200' of 8" water main to 12". Approval of a
budget adjustment
COST TO CITY:
$102,488.00
Cost of this request
2300.9300.5808.00
Account Number
Category/Project Budget
Water Impact Fee Cost Sharing Projects
Program Category / Project Name
$ - Water & Sewer Improvements
Funds Used to Date
04039,1
Project Number Remaining Balance
B�UD^/GE/T VIEW• �i Budgeted Item
Budget Mana er Date
REVIEW:
ing Manager Date
7a W� Q3
City Atto4ney Date
Program / Project Category Name
Fund Name
Budget Adjustment Attached
Internal Auditor
Purchasing Manager
IBM
Date
STAFF RECOMMENDATION: Staff recommends approval of the budget adjustment, cost share and bid waiver."
YReceived in Mayor's Office Q
Division Head Date Date
epartment Director
Fi�&�ervices Dir&�ervices Dir. Date
9WA64 f2l;6f
C?Uf,olministrative Officer Date
Mayor Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Yes No
FAYETTE)ALLE �
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. 4621.
The City Council passed the above ordinance, September 21, 2004, waiving the
bid requirements allowing a cost -share agreement with Terminella, Inc. 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