HomeMy WebLinkAboutOrdinance 4685 ORDINANCE NO. 4685
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST-SHARE AGREEMENT WITH NOCK INVESTMENTS,
LLC IN AN AMOUNT NOT TO EXCEED $119,998.86 FOR
IMPROVEMENTS TO THE INTERSECTION OF PERSIMMON
STREET AND RUPPLE ROAD
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.
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 to
approve a cost-share agreement with Nock Investments, LLC in an amount not to exceed
$119,998.86 for improvements to the intersection of Persimmon Street and Rupple Road.
PASSED AND APPROVED this 1511, day of March 2005.
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SGS; APPROVED:
; FAYETTEVILLE ;
='!E •• 95 •h 3 BY
%9SS ;QKgNSP•J?
DAN COODY, Mayor
ATTEST: ''�.;NG1;ONG? `
By: � O.rnc��y 1 /110
SONDRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this Leh ` � 2005, by and between
the City of Fayetteville, Arkansas and Nock Investments, LLC, Witnesseth:
WHEREAS, Nock Investments, LLC is in the process of constructing a portion of the
Rupple Road and Persimmon Street Intersection.
WHEREAS, The City is interested in widening the intersection to allow for a five lane
street for the future of the Rupple Road Corridor.
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.
NOW, THEREFORE, the City of Fayetteville and Nock Investments, LLC agree as
follows:
1 . Upon the City Council approving the Street Improvement Cost-Share & Bid
Waiver, the City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the
widening of the Persimmon/Rupple intersection from two lanes to five
lanes with divided boulevard.
B. Pay a maximum-not-to-exceed cost of S 119,998.86 for the afore
mentioned street 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 street 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
$ 119,998. 86 for the street construction.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OFF ETTEVILLE Nock vesture ts, LLC
By: a241K�
By:
DAN COODY, Mayor 0
D�2 D
3 � . 5 /os
City Council Meeting of March 15, 2005
cab SS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Operations Direc4
From: Gary Coover, Staff Engineer
Date: February 23, 2005
Subject: Resolution to approve a cost share and bid waiver in the amount of $ 119,998.86
with Nock Investments, LLC, for improvements to the intersection of
Persimmon Street and Rupple Road.
RECOMMENDATION
The staff recommends approval of the cost share with Nock Investments, LLC, in the
amount of $ 119,998.86.
BACKGROUND
The originally approved plans for Rupple Row subdivision allowed for a two-lane
roadway section along Persimmon Street at the intersection with Rupple Road. With
subsequent development plans in the area by Terminella and Associates and by the
Fayetteville Public School system, the City Council Street Committee on October 28,
2004, determined that Persimmon Street needs to be widened to three lanes and Rupple
Road widened to five lanes at this intersection, including transitional sections and
pedestrian crosswalks in compliance with the Master Street Plan.
DISCUSSION
The developer's original cost to improve this intersection is $ 130,575 .50. The additional
cost for the revised and expanded intersection is $ 119,998.86 including engineering,
surveying, construction and inspection.
BUDGET IMPACT
This $ 119,998.86 expenditure will be included in the 2005 CIP budget as part of Project
#02116 (Street ROW / Intersection / Cost Sharing). Once the 2004 fund balances are re-
budgeted on March 1 , the current fund balance in this project will be $449,448.35.
# # #
1
5,685
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST-SHARE AGREEMENT WITH NOCK INVESTMENTS,
LLC IN AN AMOUNT NOT TO EXCEED $119,998.86 FOR
IMPROVEMENTS TO THE INTERSECTION OF PERSIMMON
STREET AND RUFFLE ROAD.
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.
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 her nds
that such circumstances constitute an exceptional situation where comps v idd g is
not feasible or practical, and waives the requirements of formal co p five idding to
approve a cost-share agreement with Nock Investments, LL- ,1 n a i unt no to exceed
$119,998.86 for improvements to the intersection of Persii'run n Street and Ru • ple Road.
PASSED AND APPROVED this 15� da, • of March 20 5.-
AP
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AP ' Ot D:
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1 � j
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\\ DANC,4 DY, Mayor
ATTES<
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By:
SONIC RA S H, City Clerk
02/ 08 /2004 08 : 53 FAX 4795824807 JORGENSEN & ASSOCAY PLAN/ENGR 01003
JORGENSEN & ASSOCIATES
_ CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBXIDGE, SUITE 5 • FAYF.TTEVILLE, ARKANSAS 72703 • (479) 442.9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P-E., P.L.S.
CHRISTOPHER B. BRACKETT, P.E.
RUPPPLE ROW SUBDIVISION
Change Order & Cost Share Calculation cont.
Cost of Revised Improvements
Chance Amount
Hem New Quantity Add Deduct Unii Desatotion Unit Price Add Deaurt
Street & Drainage Contract:
3. 13729 5418 CY Undercut & Install Hillside $12.00 $65,016,00
6. 6030 3418 SY 6- S62, 3- Binder, 2- HMAC $16.00 $54,688.00
(Persimmon & Meadowlands)
7. 14163 1345 LF Curti & Gutter (Excluding $8.75 $11,768.75
Parallel Parking Spaces &
14. 1662 45 LF 18" Arched RCP $39.65 $1 ,784.25
23. 152 152 LF 10') 2' Re'udotced Concrete 5470,00 $71,440.00
Box Cutven
26. 23 1 Each 5x5' Curb Inlet $2.200.00 52,200.00
$1. 1 1 LS Demo and Remove Rupple Rd $3,940.00 $3,940.00 .
52. 1 1 Each Concrete Headwall $4,000.00 $4.000.00
53. 91 91 LF Gross4ined Swale $5.00 $45.5.00
54. 1 1 Each 5'x5' Custom Curb Inlet $4,400.00 $4,400.00
55. 1 1 Each 15'x5' Junction Box 57,000.00 $7,00000 .
56. 1 1 LS Additional Erosion Control $1,840.00 $1 ,840.00
57. 570 570 Cy Undercut: for Original $3,50 51,995.00
Persimmon Alignment
Water & Sewer Contract:
10. 2048 128 LF 12" Waterline (G900) 532.65 $4,179.20
34. 2 2 Each 12"-22.50 Bend $490,00 $980.00
35. 2 2 Each 12"-11.25• Berk $490.00 $980.00
36. 25 25 LF Erma tedine $160.00 $4,000.00
Totals: $240,666.20 50.00
Net DeducOA&L $240,886.20
Cost of Original Improvement $130,575.50
Additional Cost for Revised Intersection $110,090.70
Engineering. Survey and Inspection @ 9% S9 908.16
TOTAL
Page 2
STRUCTURAL DESIGN LAND DEVELOPMENT WATER SYSTEMS - WASTEWATER SYSTEMS LAND SURVEYING
02/08 /2004 08 : 59 FAX 4795824807 JORGENSEN & ASSOC Y PLAN/ENGR 2002
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYE'rrEVILLE, ARKANSAS 72703 (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
RUPPPLE ROW SUBDIVISION CHRISTOPHER B. BRACKErM P.E.
Change Order & Cost Share Calculation
Date: February 3, 2005
Cost of Original Improvements
Cho g Amount
Item New Quantity Ldd Deduct Up DBSCr IAM Unit Price Add Dedud
Street & Drainage Contract'
3. 8311 -1889 CY Undercut & Install Hillside $12.00 -$20.268.00
6. 3412 -2000 SY 6" S&2. 3" Si der, 2" HMAC $16.00 -$32,000.00
(Persimmon & Meadowlands)
7. 128M -1230 LF Curb & Gutter (Excluding $8,75 -$10,762.50
Parallel Parking Spaces &
23. 0 -102 LK 10'x2' Reinforced Concrete $470.00 -$07,940.00
Box Culvert
28. 0 -1 Each 5X15 Curb Inlet $8,000.00 -$8,000.00
51 . 0 -1 LS Demo and Remove Rupple Rd $7,480.00 47,480.00
52. 0 -1 Each Concrete Headwall $4,000.00 -$4,000.00
53. 0 -25 LF Grams-tined Swale $5.00 -$125.00
Totals: SO.00 -$130,575.50
Net Deduct/Add! -5730,575.50
Page 1
STRUCTURAL DESIGN LAND DEVELOPMENT WATER SYSTEMS WASTEWATER SYSTEMS • LAND SURVEYING
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114
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
15-Mar-05
City Council Meeting Date
Gary R. Coover Engineering Operations
Submitted By Division Department
Action Required:
Approval of a bid waiver and cost share in the amount of $119,998.86 with Nock Investments, LLC, for improvements
to the intersection of Persimmon Street and Rupple Road.
$119,998.86 $ 449,448.35 treet ROW / Intersection / Cost Shan
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 109,695.43 Street Improvements
Account Number Funds Used to Date Program / Project Category Name
02116 Is 339,752.92 Sales Tax
Project Number Remaining Balance Fund Name
Budgeted Item E7 Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Dir or Date Original Contract Date:
Original Contract Number:
2 i s os
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Dat
=2101�545
's Office
42� 7//v
Mayor ate
4L
Comments:
Clarice Pearman- - - ---
_ Nock Investments, LLC - - -
Page 1
From: Clarice Pearman
To: Williams, Kit
Date: 3/17/05 9:55AM
Subject: Nock Investments, LLC
Kit,
This is just a confirmation in that we've talked regarding the cost-share agreement with Nock Investments.
Thanks.
Clarice
Clarice Pearman - Nock Investments IlkPage 1
From: Clarice Pearman
To: Coover, Gary
Subject: Nock Investments
Gary,
Please let me know if you have a cost-share agreement with Nock Investment so that I can continue the
resolution processing.
Thanks.
Clarice
A rkansa*Dem®c , 0azette
ARKANSAS1 NORTHWEST EDITION
"NordumtArka"asilmost wll/ el� Read Nears r"
AFFIDAVIT OF PUBLICATION
I, �D &69l , do solemnly swear that I am the
Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell , Arkansas, and that
from my own personal knowledge and reference to the files of said
publication , that advertisement of:
�J was inserted in the regular editions on
PO#
** Publication Charge : $
Subscribe and swom to before me this
day of �, 2005.
Notary, Public
Sharlene D. Williams OMD1imcm NO. 46"
My Commission �lic AN ORDNANCE WAMNO THE REOUIREMENIS OF
FOPIMAL C r!E AD
BIDDKJO ANO APRROENO a e ev e
State of Arkansas COST-SF44FiE AGREEMENT WR11 MO EXCEED
FMS, LLC KJ IMPROVEMENTS
AMOUNT NOT TO IN Em
$118,885.55 FOR SIMNSTREET
TO D RUFFLE My Commission Expires �$E('T1DN OF PERSIMMON STREET AND RUFFLE ARKANSAS
** FOAD
Please do not �WaAh'Af0fit. %
tWXtNNAS, WWrg Imo a met-Mere e8reament with Nock Inwsbnaren, LLC end UUR&Q thdr &Vk
An invoice will be sent. neer and mmract« wO ewe the added met and MMMSNY &Vlraum W enol whim w«Ad &be
from Ne lamas mmpeawe bidding pmCete.
YOw, TNOOFONN, N IT ONDAONID R THE ORY COUNCIL OF TNN CRY OF FAYR-
NYIW, ANNANMN;
SecOm 1: That Vie OKY Cants of NB CITY of FeYMeWa, Arks hmby Arida that tum drown-
etaaea mnstttut9 en excepmnel atueeon W1 oompelaNa bkken8Is rat Ieasble « precMd, end
wdwe the r KRftT*W of VMMI CWV8 aM bltlakg a appmw a bad-Mere aQrPof110fe WM Nock
4Nmmarrte. LLC H w «race rat a armed $118.985.88 k r kryrownanU a Ne In &NOtIon of
FarNntm Street end R VM Road.
FA$IUD AND AMNOYm tis 15M day of Merin 2005.
APPROVED: ..
ev:
DAN COODTo Norw
ATTEST:
5y: -
SONDIIII $p1TN, Cly CMrk
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE. ARKANSAS 72701 • 479-442-1700 • 479.442-5477 (FAX)