HomeMy WebLinkAboutOrdinance 4716 ORDINANCE NO.4716
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING PAYMENT TO KING
ELECTRICAL CONTRACTORS, INC. OF $ 100,000.00 TO PROVIDE
ELECTRICAL UTILITY RELOCATION SERVICES REQUIRED TO ALLOW
THE CONTINUED DEMOLITION OF THE MOUNTAIN INN; AND
APPROVING THE USE OF UP TO $33,763 .00 OF THE PREVIOUSLY
APPROVED PROJECT CONTINGENCY.
WHEREAS, City staff recently became aware of the need to relocate certain electrical
utilities to allow the Mountain Inn demolition to proceed on schedule; and,
WHEREAS, the extremely tight schedule of the Mountain Inn demolition does not allow
sufficient time to select an electrical contractor through the formal competitive bidding process; and,
WHEREAS, King Electrical Contractors, Inc. has an ongoing contractual relationship with
the City of Fayetteville to provide electrical contractor services, and is capable of competently
performing electrical utility relocation services.
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; waives the requirements of formal competitive bidding, and approves payment to King
Electrical Contractors, Inc. of $ 100,000.00 to provide electrical utility relocation services required to
allow the continued demolition of The Mountain Inn.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the
use of up to $33,763 .00 of the previously-approved Project Contingency for electrical utility
relocation.
PASSED and APPROVED this 21 '` day of June, 2005.
APPROVE
By:
DAN COO Y, Mayor
ATTEST:
By: &16&
SO DRA SMITH, City ClerkrUs •rvvY 0 •.�'�
c ; FAYETTEVILLE *
so as
so see
°'J1;���ON���
City of Fayetteville
Staff Review Form Y7 / 6
City Council Agenda Items
or q
Contracts /'.S
21 -Jun-05
City Council Meeting Date
Coy Hurd Building Services Finance & internal Services
Submitted By Division Department
Action Required:
Approve an ordinance waiving competitive bidding for electrical relocation services required to allow the demolition of
the Mountain Inn and related buildings and authorizing King Electrical Contractors, Inc to provide these electrical
utility relocation services in an amount not-to-exceed $100,000.00 which utilizes the remaining uncommitted funds o
$66,237 and up-to $33,763 of the previously contingency.
_Ijighway 71 East S uare
$66,237.00 $ 8873000.00 Redevelopment District #1
Cost of this request Category/Project Budget Program Category / Project Name
4490-9490-5805-00 $ 820,763.00
Account Number Funds Used to Date Program / Project Category Name
05038-2 $ 66,237.00 TIF Capital Improvements
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Director Date Original Contract Date:
e�D� / Original Contract Number:
� � Qr
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
Mayor Date
Comments:
FAYETTEVILE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
June 21 , 2005 City Council Meeting
TO: Mayor Dan Coody and Fayetteville City Council
THROUGH: Stephen Davis, Financial and Internal Services Directo/lam \
FROM: Coy Hurd, Project Manager �J
DATE: June 8, 2005
SUBJECT: A resolution to designate $66,237 toward utility placement work associated
with the construction of the new hotel to occupy the existing Mountain Inn site (in
addition to $33,763 of the previously approved contingency fund; total not to exceed
$ 100,000), and a waiver of the competitive bidding for these electrical services.
Recommendation: City Staff recommends that the City Council designate $66,237 of
the funds generated by the Tax Incentive Finance bonds to be used to pay for the work
accomplishing the permanent utility placement (electrical work) necessary for the
long-term power needs of the proposed new hotel complex to be constructed on the site.
Background: The City Council has designated $887,000 of the funds generated by the
T.I.F. Bonds to be used toward demolition, resolution of access issues, and utility
relocation. The Patton Company's contract for the demolition of the buildings and the
hazardous materials abatement is $688, 138. Environmental Enterprise Group' s contract
for oversight of demolition and abatement efforts is $30,855. The contingency fund for
the demolition/abatement effort has been authorized as $ 101 ,770. The amount remaining
from the designated $877,000 is $66,237.
Discussion : The City has agreed (by way of contract with John Nock et. al.) to utilize
$887,000 toward preparation of the Mountain Inn site in anticipation of construction
efforts at that location. Once the City has expended these funds, Mr. Nock has agreed to
accept the site in such condition as it is then in.
June 9 memo, page two
Electrical work during this first phase is being done by King Electric (and their
subcontractors) through their existing contract with the city. If approved, this $66,237
will be used toward work needed to supply the building site with permanent electrical
power. Examples of these efforts are trenching and laying electrical conduit, purchase
and installation of the electrical meter bases that will serve the future facilities, and
placement of the electrical vault on the site.
The utility relocation work identified thus far includes:
I ) relocating the electrical transformer in the alleyway, currently attached to the
Mountain Inn Building. The demolition contractor has had to resequence the
removal of the buildings to accommodate the Developers commitment to keep the
Hoftbrau, Taste of Thai, and Petra Cafe open. The cost of the electrical relocation
could total near $ 100,000.
2) relocating the existing natural gas service. The Arkansas Western Gas Company
is doing most of this work at their own costs, but may petition for reimbursement
for some of the costs.
3) relocating the water and sewer lines to serve the buildings that remain and the
new buildings to be built. The cost of this work will probably be between
$70,000 and $ 100,000. The drawings and specifications for this work are yet to
be developed. Until this is accomplished, the forecast of the total cost can not be
more precise.
4) The final item that the Developers have identified as potential use of T.I.F. bond
proceeds (to this point) is the removal of an underground fuel storage tank. This
tank is located in the alleyway outside of the demolition project boundary. The
proposed cost for the removal of this tank is $ 13,800.
Because the City has only $66,237 remaining from the T.I.F. proceeds, Staff
recommends programming all of these funds to electrical relocations and notifying that
that any further utility work will be paid for by the Developer.
King Electric Company has an existing contract with the City that allows $20,000
per project. Staff is asking that an exception be made to allow that company to do this
electrical work.
Due to the extreme schedule for this work and the undefined nature of some of the
tasks which must be completed, it is imperative that King Electric Company be given
dispensation on the $20,000 ceiling on this particular project.
Memo, page three
Budgetary Impact: These funds are currently budgeted towards the project and reside
in Account Number 4490 9490 5315.00.
ORDINANCE NO,
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING PAYMENT TO KING
ELECTRICAL CONTRACTORS, INC. OF $66,237.00 TO PROVIDE
ELECTRICAL UTILITY RELOCATION SERVICES REQUIRED TO ALLOW
THE CONTINUED DEMOLITION OF THE MOUNTAIN INN; AND
APPROVING THE USE OF UP TO $33 ,763 .00 OF THE PREVIOUSLY
APPROVED PROJECT CONTINGENCY.
WHEREAS, City staff recently became aware of the need to relocate certain electrical
utilities to allow the Mountain Inn demolition to proceed on schedule; and,
WHEREAS, the extremely tight schedule of the Mountain Inn demolition does not allow
sufficient time to select an electrical contractor through the formal competitive bidding process; and,
WHEREAS, King Electrical Contractors, Inc. has an ongoing contractual relationship with
the City of Fayetteville to provide electrical contractor serves, and is capable of competently
performing electrical utility relocation services.
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 nor-=fsible or
practical; waives the requirements of formal competitive bidding, and approyesp e to King
Electrical Contractors, Inc. of $66,237.00 to provide electrical utility rel,o a s r ces required to
allow the continued demolition of The Mountain Inn. � ' t
Section 2. That the City Council of the City of Fayettev7 le, F ansas hire ' y approves the
use of up to $33 ,763 .00 of the previously-app ved Probe t. ontin ency for ; ectrical utility
:r
relocation.
PASSED and AP, O this 2151 d'y a'fJ . e, 2005:
PROV
By.
DAN COODY, Mayor
ATT ST-
B
y .
SMITH, City Clerk
RESOLUTION NO. 88-00
A RESOLUTION AWARDING BID NO. 00-48 TO CHRIS KING
IN AN AMOUNT SET FORTH IN THE BID TABULATION AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT FOR ELECTRICAL, COMMUNICATIONS
AND RELATED SERVICES FOR THE YEAR 2000, WITH FIVE
ONE YEAR RENEWAL OPTIONS .
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That the City Council hereby awards Bid No. 00-48 to Chris King in an
amount set forth in the bid tabulation and authorizing the Mayor and City Clerk to execute an
agreement for electrical, communications and related services for the year 2000, with five one year
renewal options. A copy of the bid tabulation and agreement is attached hereto marked Exhibit "A"
and "B" and made a part hereof.
PASSED AND APPROVED this 5th day of July , 2000.
APPROVED-
By: gv�n�
Fred Hanna, Mayor
ATTEST:
By: Az 4
Heather Woodruff, CityCler1,
STAFF REVIEW FORM
XX AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of July 3 , 2000
FROM :
Harold J . Dahlinger Building Maintenance Administrative Services
Name Division Department -
ACTION REQUIRED : Award of Bid # 00 - 48 for electrical services to Chris King
Electric for the remainder of the year 2000 with five one year renewal options .
COST TO CITY :
$Various See Attached Various
Cost of this Request Category/Project Budget Category/Project Name
Various See Attached Various
Account Number Funds Used To Date Program Name
See Attached See Attached Various
Project Number Remaining Balance Fund
BUDGETREVIEW : X Budgeted Item Budget Adjustment Attached
udget aag Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY :
ACcou n M er, Dat{e Internal Auditor Date
City Attorne Date ADA Coordinator Date
R \IA� (G - 19-00
Purchasing Officer Date
STAFF RECOMMENDATION : Award of Bid #00 - 48 to Chris King Electric and award of a
Contract .
Divisio B 611
D� ' Cross Reference
New Item : Yes No
D rtm� irec r tDte Prev Ord/Res # '
Ad ' n ' trate Sery ces Director Orig Contract Date :
May r
Page E
SUED RMEA ROW(
Description Bid #00 -48 Flarltrical Contract Keetinq Oate 743,LQj1
Ccnents: Reference Canents:
Budaet Coordinator
OAccountiag Kanager ,
--
Q 3er � Piot
City Attorney
Purchasing Officer
ADA Ccordinator
Interna[ Auditor
FAYETTEVIELE •
THE MY OF FAYMEAUE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: The Fayetteville City Council
THRU: Fred Hanna, Mayor
John Maguire, Administrative Services Director
FROM: Harold Dahlinger, Facilities Superintendent 96
DATE: June 12, 2000
RE: BID AWARD RECOMMENDATION
Attached is the Agenda Request for the award of Bid #00-48 to the lowest bidder meeting
requirements for electrical work and related service needs of the City of Fayetteville for the
calendar year 2000 (with option for five (one year) tens renewal).
I recommend acceptance of the rates provided by Chris King Electric for Bid #0048.
Previous experience with this vendor on other City projects has shown that quality and
workmanship is at a level which allows us to be very comfortable in recommending this bidder for
the various projects which are budgeted for calendar year 2000. Chris King Electric has provided
services to the City of Fayetteville for the past four years under a similar contract. We have found
his services to be outstanding and very cost effective to the City and its projects.
Utilization of an annual acceptance of a bidder in this particular area should eliminate time
delays in the bidding process on individual projects along with the ability to negotiate details of
specific projects to assist in keeping better control of job pricing.
The budgeted amounts for these services will be taken from the applicable programs as
specific projects are identified.
AGREEMENT FOR ELECTRICAL , COMMUNICATIONS
AND RELATED SERVICES
This , AGREEMENT executed this 4_ day of ,
2000 , between the City of Fayetteville , Arkansashetdinafter
called the " City " and Kine Electrical Contractors hereinafter
called the " Contractor " , and having an address at
2145 Moore Fayetteville , AR 72704
IN CONSIDERATION OF THE FOLLOWING COVENANTS contained herein
the parties agree as follows :
1 . The Contractor shall at the written request of the City
provide material , labor and equipment for electrical ,
communications and related service ( s ) for the following :
a . New construction as requested for jobs not bid
separately ;
b . Repair as requested for jobs not bid separately ;
C . Additional work as required and as directed by owner .
2 . The first term of this agreement shall be from award of
contract through December 31 , 2000 . The City has the option to
renew this contract for five consecutive one year terms . Annual
increases will be allowed based on the Consumer Price Index for
All Urban Consumers ( Index ) as published by the U . S . Department
of Labor , Bureau of Labor Statistics , published as of October 31 ,
using 1982 - 84 as the base year . The initial index to be used is
October , 1999 .
3 . City shall pay Contractor for services rendered as set
out in Contractor ' s Bid .
Charges will be invoiced to City at the end of each
Contractor ' s monthly accounting periods based upon the fee
schedule outlined in Contractor ' s Bid and the expense charges to
the project during the preceding accounting period . All invoices
are due upon receipt and shall be paid by the City unless
disputed within thirty ( 30 ) days of their receipt .
4 . The contract documents which comprise the contract
between City and the Contractor consist of this contract and the
following documents :
a . Bid form identified as Invitation to Bid 00 - 48 with the
specifications , conditions , and requirements typed
thereon ;
b . The Contractor ' s proposal and all supporting documents
and correspondence submitted by the Contractor in
response to Bid 00 - 48 .
5 . These contract documents constitute the entire
agreement between the City and the Contractor and may be modified
only by a duly executed written instrument signed by the City and
the Contractor .
6 . Contractor shall not assign his duties under the terms
of this contract .
7 . Contractor agrees to hold the City harmless and
indemnify the City against any and all claims for property
damage , personal injury or death , arising from Contractor ' s
performance of this contract .
8 . The Contractor shall furnish a certificate of insurance
addressed to the City , showing that he carries the following
insurance which shall be maintained throughout the term of the
contract .
Workers Compensation Statutory Amount
Comprehensive General and
Automobile Insurance
Bodily Injury Liability $ 500 , 000 for each
person injured .
$ 1 , 000 , 000 for each
accident .
Property Damage Liability $ 250 , 000 for each
accident .
$ 500 , 000 aggregate
The insurance shall include explosion , collapse and
underground coverage . The premiums for all insurance and the
bond required herein shall be paid by the Contractor .
9 . Contractor agrees to begin work within ten ( 10 ) days
after issuance by the City of a " work order " or " Notice to
Proceed " and to complete the work within the time agreed to by
the parties .
10 . All work called for herein shall be coordinated
directly with the project manager for each project as designated
by the City .
11 . City shall have the right to terminate this Agreement
for City ' s convenience upon written notice of Contractor , and
I
Contractor shall terminate performance of services on a schedule
acceptable to City. In the event of termination for City's
convenience City shall pay Contractor for all services performed
to date of termination.
12.
Nothing in this
agreement shall be
construed
to give
any rights
or benefits to
anyone other than
Contractor
and City.
(Left Blank Intentionally)
0
IN WITNESS WHEREOF, City and Contractor have executed this
agreement, the effective date of which shall be .%
CITY OF F YETTEVILLE
By:
Freff Hanna, Mayor
P '00�
dR.O.M.d"M
...lrjjT=
I
ATTEST -
By: _: � 9�
Contractor-Coipai Secretary
�.: _` VO/VL/LULU 1V. UJ aV1J•VV61L
' 1 Ill V -Y 1 V 1 VI\M aV�I .V�
INVITATION TO BID
0
U
' _. - T-- I "License Require
ELECTRICAL SERVICES `
1 Labor rate for the following:
*Master Electrician per hour hour $25�00hr.
'Journeyman Electrician per hour I tour $ 2 00 hr.
('Apprentice Electrician per hour hour $ .Or7 hr.
Laborer per hour hour $ 100 hr.
2 Percent additional rate for
overtime %
3 Percent Additional rate for
Sundays & Holidays q Material Cost Plus Markup Pecent %
5 I Guaranteed Emergency 9 hr.
Response Time
6 Guaranteed Regular r�7 hr.
Response Time _
Response
7 Dump Truck with Operator $--y So0 hr.
6 Bobcat backhoe with Operator $—ES00 hr.
9 Backhoe with Operator $__6L S00 hr.
10 Bucket Truck with Operator $ gSon N.
11 I Personnel Lift $ 610 o hr.
12 Platform Lift $ 1817 hr.
13 Rental Equipment Cost Plus Markup 1 3 0/0
These services will be ordered as
needed throughout the contract
period. There is no guaranteed
minimum or maximum amount.
CONTRACTOR'S LICENSE NUMBER:i 063 70yO
RESTRICTIONS OR EXCEPTIONS
TO THE BID MUST BE NOTED:
Upon signing th!s Bid, the bidder certifies that they have read and agree to the
requirements set forth in this bid proposal, Including specifications, terms and standard
conditions, and pertinent Information regarding the articles being bid on, and agree to
VIYJIVIVC IV IV V\ 1 Il�I�y 1..------ -
BIDS in /C4h' G q43 -O006 I WILL BE BUSINESS ADDRESS: Cp AND TATS:
REJECTED 2/45 GJ ry?"fe � gk72?VY'! e ��,//>e
AUT�IO�t�.ED $1 ATU E; TI :
-7-0-?0t/
=_� 00
11
KING ELECTRICAL CONTRACTORS
2145 W MOORE LANE
PAYETTEVILLE ARKANSAS
King Electric has 29 full time employees that specialize in
commercial and industrial wiring. We also have employees
specifically trained in the Hubbell Premise Wiring for data and
telecommunicatio#s. They also are trained in leviton fiber optic
terminating. We have personal lifts, platform lifts, mechanical
benders for conduit up to 4", pipe threaders, meggars, wire tracers,
ladders, and other ,equipment owned to do any size of electrical
job. Our personal has been trained to use all of the above
equipment in a sa`e and workmanlike manner. We are in the
process of all emp oyees attending the 10 hour OSHA safety
training class. W� just received an award from our insurance
company for 3 ye4rs of no work loss personal injury. All lead men
carry digital pager;$ and mobile telephones. All trucks are
equipped to do most service calls.
Chris King
y
1
z1716
FAYETTEVIPLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
June 21, 2005 City Council Meeting
TO: Mayor Dan Coody and Fayetteville City Council
THROUGH: Stephen Davis, Financial and Internal Services Directo777777���►►►
FROM: Coy Hurd, Project Manager /i'i/►►►���''""'''"""'''""""""
V"Y
DATE: June 8, 2005
SUBJECT: A resolution to designate $66,237 toward utility placement work associated
with the construction of the new hotel to occupy the existing Mountain Inn site (in
addition to $33,763 of the previously approved contingency fund; total not to exceed
$100,000), and a waiver of the competitive bidding for these electrical services.
Recommendation: City Staff recommends that the City Council designate $66,237 of
the funds generated by the Tax Incentive Finance bonds to be used to pay for the work
accomplishing the permanent utility placement (electrical work) necessary for the
long-term power needs of the proposed new hotel complex to be constructed on the site.
Background: The City Council has designated $887,000 of the funds generated by the
T.I.F. Bonds to be used toward demolition, resolution of access issues, and utility
relocation. The Patton Company's contract for the demolition of the buildings and the
hazardous materials abatement is $688,138. Environmental Enterprise Group's contract
for oversight of demolition and abatement efforts is $30,855. The contingency fund for
the demolition/abatement effort has been authorized as $101,770. The amount remaining
from the designated $887,000 is $66,237.
Discussion: The City has agreed (by way of contract with John Nock et. al.) to utilize
$887,000 toward preparation of the Mountain Inn site in anticipation of construction
efforts at that location. Once the City has expended these funds, Mr. Nock has agreed to
accept the site in such condition as it is then in.
June 9 memo, page two
Electrical work during this first phase is being done by King Electric (and their
subcontractors) through their existing contract with the city. If approved, this $66,237
will be used toward work needed to supply the building site with permanent electrical
power. Examples of these efforts are trenching and laying electrical conduit, purchase
and installation of the electrical meter bases that will serve the future facilities, and
placement of the electrical vault on the site.
The utility relocation work identified thus far includes:
1) relocating the electrical transformer in the alleyway, currently attached to the
Mountain Inn Building. The demolition contractor has had to resequence the
removal of the buildings to accommodate the Developers commitment to keep the
Hoffbrau, Taste of Thai, and Petra Cafe open. The cost of the electrical relocation
could total near $100,000.
2) relocating the existing natural gas service. The Arkansas Western Gas Company
is doing most of this work at their own costs, but may petition for reimbursement
for some of the costs.
3) relocating the water and sewer lines to serve the buildings that remain and the
new buildings to be built. The cost of this work will probably be between
$70,000 and $100,000. The drawings and specifications for this work are yet to
be developed. Until this is accomplished, the forecast of the total cost can not be
more precise.
4) The final item that the Developers have identified as potential use of T.I.F. bond
proceeds (to this point) is the removal of an underground fuel storage tank. This
tank is located in the alleyway outside of the demolition project boundary. The
proposed cost for the removal of this tank is $13,800.
Because the City has only $66,237 remaining from the T.I.F. proceeds, Staff
recommends programming all of these funds to electrical relocations and notifying that
that any further utility work will be paid for by the Developer.
King Electric Company has an existing contract with the City that allows $20,000
per project. Staff is asking that an exception be made to allow that company to do this
electrical work.
Due to the extreme schedule for this work and the undefined nature of some of the
tasks which must be completed, it is imperative that King Electric Company be given
dispensation on the $20,000 ceiling on this particular project.
Memo, page three
Budgetary Impact: These funds are currently budgeted towards the project and reside
in Account Number 4490 9490 5315.00.
.... <........ ._.__....._;--- _.
CONTRACT
On this 151 day of March, 2005, the City of Fayetteville and
Developers, Richard Alexander and John Nock agree as follows:
WHEREAS, the City of Fayetteville desires to remove the blighted
area of the Mountain Inn and surrounding vacant structures (the County
Courts Building, the Red Bird Cafe and the old Niblock Law Office); and
WHEREAS, the City of Fayetteville will be greatly benefited if, after
the removal of this blight, a valuable new structure will be constructed on
this cleared site bringing jobs, Sales taxes, and Hotel, Motel and Restaurant
taxes, and stimulating increased economical activity and vitality and
increased property valuation throughout downtown Fayetteville; and
WHEREAS, Developers Richard Alexander and John Nock have
proposed to purchase the cleared blighted area for $300,000.00 and build
about a 22.5 Million Dollar Hotel, Condominium, Parking Deck, and
Convention facility on this site.
NOW, above premises considered, the City of Fayetteville and the
Developers, Richard Alexander and John Nock agree as follows:
1. The City of Fayetteville agrees to issue tax increment financing
bonds pursuant to its ordinances establishing the Highway 71 East Square
Redevelopment District Number 1 of Fayetteville as amended to include .
most of the Downtown Master Plan area, the Amended Project Plan for this
enlarged District, the Bond Ordinance, Bond Purchase Ordinance (if i
necessary), Amendment 78, and SubChapter 3 of Chapter 168 of Title 14,
Community Redevelopment Generally. These TIF bonds shall be issued
to obtain net usable proceeds of $3.5 million to the City of Fayetteville to
effectuate the Amended Project Plan as approved by ordinance by the City
Council on March 15, 2005.
2. The City of Fayetteville agrees to use the net available $3.5 million
proceeds from the TIF bonds to purchase:
(a) the blighted Mountain inn property for $1.2 million;
(b) the County Courts Building for $413,000.00;
(c) the vacant Niblock Law Office for $500,000.00;
(d) the vacant Red Bird Cafe for $500,000.00.
Total for land acquisition $2,613,000.00
If bond proceeds in net usable amount of $3.5 million are available by
April 19, 2005, the closing for all four properties shall be April 20, 2005.
3. The City of Fayetteville agrees' ` • to semthe remainder of the $3.5
w 41 .1w.:_.. 5 yEY
million not expended for land acquisition for demolition and site preparation
to include:
(a) demolition (including asbestos removal) of the newer part
of the Mountain Inn, the Courts Building, the Niblock Law
Office and the Red Bird Cafe;
(b) resolution of access issues and utility relocation;
qT , vr..59e, ,.we;w-.Y ^.'����"�y�'�"'���4�r,
�(c) , aW` dr06 erupgradesa(onsite) tw-
If the demolition and site preparation costs exceed $887,000.00 (the
remaining bond proceeds after land acquisition costs) the City's
responsibilities end after its full expenditure of $3.5 million on this
project. If demolition and site preparation can be accomplished for less
than $887,000.00, any remaining money shall be used to pay TIF bond
indebtedness.
4. Developers Richard Alexander and John Nock agree to purchase
the four parcels purchased and demolished by the City of Fayetteville for a
�`i I � _ jTl) ASS Poi - a� C'�r,�.+Jr�--vvp°ky` , ' „ k,
total of $300,000.0.0,..��'heaDe`,�elovers„a�ree fo�tiurchase tliese,par"eels<aat
$887000'b,,,0 for Demolition and Site Preparation even if all such
cannot be accomplished for an $887,000.00 expenditure.
If all
of the estimated $887,000.00
costs for
demolition
and site
preparation
is not needed
to accomplish
the
demolition,
resolution
of
access
7
ty .� upgrade
an utili issues on site water and sewer u ade if needed, and asbestos
and other necessary environmental remediation, Developers Richard
Alexander and John Nock agree that any remaining money shall be used for
repayment of TIF indebtedness.
5. Developers Richard Alexander and John Nock agree to construct
or cause the construction of the Planned Development Project approximately
as described on page 7 of the Amended Project Plan:
(a) approximately 144 room, full service hotel;
(b) approximately 18 condominiums;
(c) approximately 12,000 square foot conference/meeting
space;
(d) approximately 300 space multistory parking garage;
(e) restaurants, small shops, day spa;
(f) rooftop botanical garden.
6. If economic conditions change or require an alternative
development, Developers Richard Alexander and John Nock can satisfy this
requirement by constructing or causing the construction of an approximately
Equivalent Project subject to approval by the City Council, whose approval
shall not be unreasonably withheld.
7. Developers Richard Alexander and John Nock agree that
architectural or engineering contracts for the construction of this Planned
Development Project or the Equivalent Project shall be entered into in 2005.
8. Developers Richard Alexander and John Nock agree that the
construction contract for this Planned Development Project or the Equivalent
Project shall be entered into no later than June 1, 2006.
9. Developers Richard Alexander and John Nock agree that the
Planned Development Project or the Equivalent Project shall be finished and
open for business and/or occupation no later than September 1, 2007,
10. Force-majeure.
All requirements for completion dates are subject to force-
majeure and may also be extended by the Fayetteville City Council for good
cause as requested and shown by the Developers.
11. Non -assignable,
This Contract may not be assigned to another party without the
previous written consent by the City of Fayetteville after an authorizing City
Council Resolution.
12. Jurisdiction and venue.
Arkansas law shall control the interpretation of this Contract and
jurisdiction and venue shall be the Washington County Circuit Court,
Fayetteville, Arkansas,
13. Waiver.
The waiver of one of the terms or completion dates in this
contract shall only apply, to that term or completion date and such waiver
may be limited or conditional.
14. Freedom of Information Act.
City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If
a Freedom of Information Act request is presented to the City of
Fayetteville, Developers Richard Alexander and John Nock will do
everything possible to provide the documents in a prompt and timely manner
as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
15. Liquidated Damages.
The City of Fayetteville is incurring substantial TIF debt in order
to accomplish its Project Plan so that the Planned Development Project can
be constructed promptly enough to ensure the federal tax credits obtained by
the Developers can be utilized. Without this need to obtain immediate clear
title and ownership of all four parcels, the City of Fayetteville. would likely
seek to condemn such blighted structures at a potentially lower cost.
Therefore, if Developers Richard Alexander and John Nock fail to
meet any of the requirements of the project dates for engineering, architect
or construction contracts, the City of Fayetteville may opt to receive the
conveyance of the four parcels of property back from the Developers for the
payment by the City of Fayetteville to the Developers of $10,000.00.
12
If the construction of the Planned Development Project or the
Equivalent Project is not completed and open for business or occupation by
September 1, 2007, the City of Fayetteville shall receive $25,042.00 per
month ($834.73 per day) until the Planned Development Project or
Equivalent Project is completed and open for business or occupation (but not
to exceed twelve months for a total of $300,504.00 in liquidated damages).
This amount represents the estimated loss of monthly sales tax and HMR tax
to the City of Fayetteville that the Planned Development Project should
generate according to the Developers' estimates provided to the Fayetteville
City Council in February, 2005.
In agreement to all terms, conditions and promises made above,
the City of Fayetteville by Mayor Dan Coody and the Developers Richard
Alexander and John Nock have signed below.
CITY OF FAYETTEVILLE
By: MAW AMMAWMATO
DOC O-ODY
Mayor 7X=
;FAYETTEVILLE;
5
FAYET'TEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
•
DEPARTMENTAL CORRESPONDENCE
•
June 21, 2005 City Council Meeting
TO: Mayor Dan Coody and Fayetteville City Council
THROUGH: Stephen Davis, Financial and Internal Services Directc
FROM: Coy Hurd, Project Manager/
DATE: June 8, 2005
SUBJECT: A resolution to designate $66,237 toward utility placement work associated
• with the construction of the new hotel to occupy the existing Mountain hm site (in
addition to $33,763 of the previously approved contingency fund; total not to exceed
$100,000), and a waiver of the competitive bidding for these electrical services.
Recommendation: City Staff recommends that the City Council designate $66,237 of
the funds generated by the Tax Incentive Finance bonds to be used to pay for the work
accomplishing the permanent utility placement (electrical work) necessary for the
long-term power needs of the proposed new hotel complex to be constructed on the site.
Background: The City Council has designated $887,000 of the funds generated by the
T.I.F. Bonds to be used toward demolition, resolution of access issues, and utility
relocation. The Patton Company's contract for the demolition of the buildings and the
hazardous materials abatement is $688,138. Environmental Enterprise Group's contract
for oversight of demolition and abatement efforts is $30,855. The contingency fund for
the demolition/abatement effort has been authorized as $101,770. The amount remaining
from the designated $887,000 is $66,237.
Discussion: The City has agreed (by way of contract with John Nock et. al.) to utilize
$887,000 toward preparation of the Mountain Inn site in anticipation of construction
efforts at that location. Once the City has expended these funds, Mr. Nock has agreed to
• accept the site in such condition as it is then in.
• June 9 memo, page two
Electrical work during this first phase is being done by King Electric (and their
subcontractors) through their existing contract with the city. If approved, this $66,237
will be used toward work needed to supply the building site with permanent electrical
power. Examples of these efforts are trenching and laying electrical conduit, purchase
and installation of the electrical meter bases that will serve the future facilities, and
placement of the electrical vault on the site.
The utility relocation work identified thus far includes:
1) relocating the electrical transformer in the alleyway, currently attached to the
Mountain Inn Building. The demolition contractor has had to resequence the
removal of the buildings to accommodate the Developers commitment to keep the
Hoffbrau, Taste of Thai, and Petra Caf6 open. The cost of the electrical relocation
could total near $100,000.
2) relocating the existing natural gas service. The Arkansas Western Gas Company
is doing most of this work at their own costs, but may petition for reimbursement
is
for some of the costs.
3) relocating the water and sewer lines to serve the buildings that remain and the
new buildings to be built. The cost of this work will probably be between
$70,000 and $100,000. The drawings and specifications for this work are yet to
be developed. Until this is accomplished, the forecast of the total cost can not be
more precise.
4) The final item that the Developers have identified as potential use of T.I.F. bond
proceeds (to this point) is the removal of an underground fuel storage tank. This
tank is located in the alleyway outside of the demolition project boundary. The
proposed cost for the removal of this tank is $13,800.
Because the City has only $66,237 remaining from the T.I.F. proceeds, Staff
recommends programming all of these funds to electrical relocations and notifying that
that any further utility work will be paid for by the Developer.
King Electric Company has an existing contract with the City that allows $20,000
per project. Staff is asking that an exception be made to allow that company to do this
electrical work.
Due to the extreme schedule for this work and the undefined nature of some of the
• tasks which must be completed, it is imperative that King Electric Company be given
dispensation on the $20,000 ceiling on this particular project.
70
•
• Memo, page three
•
0
Budgetary Impact: These funds are currently budgeted towards the project and reside
in Account Number 4490 9490 5315.00.
CONTRACT
On this 15"' day of March, 2005, the City of Fayetteville and
Developers, Richard Alexander and John Nock agree as follows:
I
WHEREAS, the City of Fayetteville desires to remove the blighted
area of the Mountain Inn and surrounding vacant structures (the County
Courts Building, the Red Bird Cafe and the old Niblock Law Office); and
WHEREAS, the City of Fayetteville will be greatly benefited if, after
the removal of this blight, a valuable new structure will be constructed on
this cleared site bringing jobs, Sales taxes, and Hotel, Motel and Restaurant
taxes, and stimulating increased economical activity and vitality and
increased property valuation throughout downtown Fayetteville; and
WHEREAS, Developers Richard Alexander and John Nock have
• proposed to purchase the cleared blighted area for $300,000.00 and build
about a 22.5 Million Dollar Hotel, Condominium, Parking Deck, and
Convention facility on this site.
NOW, above premises considered, the City of Fayetteville and the
Developers, Richard Alexander and John Nock agree as follows:
1. The City of Fayetteville agrees to issue tax increment financing
bonds pursuant to its ordinances establishing the Highway 71 East Square
Redevelopment District Number 1 of Fayetteville as amended to include
most of the Downtown Master Plan area, the Amended Project Plan for this
enlarged District, the Bond Ordinance, Bond Purchase Ordinance (if
necessary), Amendment 78, and SubChapter 3 of Chapter 168 of Title 14,
Community Redevelopment Generally. These TIF bonds shall be issued
to obtain net usable proceeds of $3.5 million to the City of Fayetteville to
effectuate the Amended Project Plan as approved by ordinance by the City
Council on March 15, 2005.
0
•
2. The City of Fayetteville agrees to use the net available $3.5 million
proceeds from the TIF bonds to purchase:
(a) the blighted Mountain hin property for $1.2 million;
(b) the County Courts Building for $413,000.00;
(c) the vacant Niblock Law Office for $500,000.00;
(d) the vacant Red Bird Cafe for $500.000.00.
Total for land acquisition $2,613,000.00
If bond proceeds in net usable amount of $3.5 million are available by
April 19, 2005, the closing for all four properties shall be April 20, 2005,
3. The City of Fayetteville gr=es o ':; en of the $3.5
million not expended for land acquisition for demo tion and site preparation
to include:
(a) demolition (including asbestos removal) of the newer part
of the Mountain Inn, the Courts Building, the Niblock Law
Office and the Red Bird Cafe;
(b) resolution of access issues and utility relocation;
aver P ; c ( m.: " I
ebn.site ;
If the demolition and site preparation costs exceed $887,000.00 (the
remaining bond proceeds after land acquisition costs), the City's
responsibilities end after its full expenditure of $35 million on this
project. If demolition and site preparation can be accomplished for less
than $887,000.00, any remaining money shall be used to pay TIF bond
indebtedness.
4. Developers Richard Alexander and John Nock agree to purchase
the four parcels purchased and demolished by the City of Fayetteville for a
total of $300,000.0k.� Ws ° ee to )3urch ?e arcels
fi.UIO l 1 for Demolition and Site Preparation even
cannot be accomplished for an $887,000.00 expenditure.
• If all
of the estimated $887,000.00
costs for demolition
and site
preparation
is not
needed
to accomplish
the
demolition,
resolution
of
access
2
• an u Mf7ffffM§ sI on site water and sewer upgrade if needed, and asbestos
and other necessary environmental remediation, Developers Richard
Alexander and John Nock agree that any remaining money shall be used for
repayment of TIF indebtedness.
S. Developers Richard Alexander and John Nock agree to construct
or cause the construction of the Planned Development Project approximately
as described on page 7 of the Amended Project Plan:
(a) approximately 144 room, full service hotel;
(b) approximately 18 condominiums;
(c) approximately 12,000 square foot conference/meeting
space;
(d) approximately 300 space multistory parking garage;
(e) restaurants, small shops, day spa;
(f) rooftop botanical garden.
6. If economic conditions change or require an alternative
• development, Developers Richard Alexander and John Nock can satisfy this
requirement by constructing or causing the construction of an approximately
Equivalent Project subject to approval by the City Council, whose approval
shall not be unreasonably withheld.
7. Developers Richard Alexander and John Nock agree that
architectural or engineering contracts for the construction of this Planned
Development Project or the Equivalent Project shall be entered into in 2005.
8. Developers Richard Alexander and John Nock agree that the
construction contract for this Planned Development Project or the Equivalent
Project shall be entered into no later than June 1, 2006.
9. Developers Richard Alexander and John Nock agree that the
Planned Development Project or the Equivalent Project shall be finished and
open for business and/or occupation no later than September 1, 2007.
10. Force-majeure.
All requirements for completion dates are subject to force-
majeure and may also be extended by the Fayetteville City Council for good
• cause as requested and shown by the Developers.
• 11. Non -assignable.
This Contract may not be assigned to another party without the
previous written consent by the City of Fayetteville after an authorizing City
Council Resolution.
12. Jurisdiction and venue.
Arkansas law shall control the interpretation of this Contract and
jurisdiction and venue shall be the Washington County Circuit Court,
Fayetteville, Arkansas,
13. Waiver.
The waiver of one of the terms or completion dates in this
contract shall only apply. to that term or completion date and such waiver
may be limited or conditional.
14. Freedom of Information Act.
City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If
• a Freedom of Information Act request is presented to the City of
Fayetteville, Developers Richard Alexander and John Nock will do
everything possible to provide the documents in a prompt and timely manner
as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.) Only legally authorized photocopying costs pursuant to the
FOIA may be assessed for this compliance.
15. Liquidated Damages.
The City of Fayetteville is incurring substantial TIF debt in order
to accomplish its Project Plan so that the Planned Development Project, can
be constructed promptly enough to ensure the federal tax credits obtained by
the Developers can be utilized. Without this need to obtain immediate clear
title and ownership of all four parcels, the City of Fayetteville would likely
seek to condemn such blighted structures at a potentially lower cost.
Therefore, if Developers Richard Alexander and John Nock fail to
meet any of the requirements of the project dates for engineering, architect
or construction contracts, the City of Fayetteville may opt to receive the
conveyance of the four parcels of property back from the Developers for the
payment by the City of Fayetteville to the Developers of $10,000.00.
E
4
•
•
If the construction of the Planned Development Project or the
Equivalent Project is not completed and open for business or occupation by
September 1, 2007, the City of Fayetteville shall receive $25,042.00 per
month ($834.73 per day) until the Planned Development Project or
Equivalent Project is completed and open for business or occupation (but not
to exceed twelve months for a total of $300,504.00 in liquidated damages).
This amount represents the estimated loss of monthly sales tax and HMR tax
to the City of Fayetteville that the Planned Development Project should
generate according to the Developers' estimates provided to the Fayetteville
City Council in February, 2005.
In agreement to all terms, conditions and promises made above,
the City of Fayetteville by Mayor Dan Coody and the Developers Richard
Alexander and John Nock have signed below.
CITY OF FAYETTEVILLE
Mayor 7X=
D, OOD
111 _ 11 I I I 1 y 0,
;FAYETTEVILLE;
5
From: Clarice Pearman
To: Hurd, Coy
Date: 6/24/05 1:31 PM
Subject: Ord. 4716
Coy,
Attached is a copy of the ordinance passed by City Council, June 21, 2005 waiving competitive bidding for
King Electrical Contractors.
Thanks.
Clarice
CC: Deaton, Vicki
y\. u I
Arkansas
'Democrat
�' m ,/I1T ; azettj)
"Norduvest ArkA sasl most Wider Read Nei"paper"
AFFIDAVIT OF PUBLICATION
I, Erin Emis. 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:
9 was inserted in the regular editions on
PO#.
RECEIVED
Publication Charge: $ JUL 0 5 2r)B5
Subscribed and sworn to before me this CITY OFFAYETTEVILLE
qCITY CLERK'S OFFICE
/ day of 12005.
/////���//0,n` L� ///� ORDINANCE xO.4716
ESsi._Ja�i:,�L(M✓ / AN ORDINANCE WAMNG THE REQUIREMENTS OF
FORMAL C O KIN T EL BIDDING AND APP CONTRACTORS,
]e evi le
_\ PAYMENT TO KING ELECTRICAL CONTRACTORS, �(
NotarNonaPublic Sharlene D. NC. OF $100,000.00 TO PROV DE ELECTRICAL /fr
y Williams U L V RELOCATION SERVICES REQUIRED TO
Notary Public MOUNTAIN NN; ALLOW THE OAND APPROV NG USOF THE
ARKANSAS
StatQ of Arkansas TO $33�163.W OF THE PREVIOUSLY APPROVED PROJECT
My Commission EXp i r : WNERBAB City staff became aware of the DODO to relocate certain electrical Wldies to allow In xpirc Inn demolition to Proceed on schedule; and,
October 18, 2014 1111ER6ASr the eM emaN tight schedule of Me Mountain Inn demolibon does rot allow suific ant time
to select an elecWcal contractor tftrough Me formal competitive bidding process; ead,
** Please do not pay from Affidavit. WHEREAS, King Dectrical Contractors, Inc. has an ongoing conerectual ralatlonshlp with the Cry of
Fayetteville to provide olectdoai centracta services, and is capable of competency Performing aboulos
An invoice will be sent. utility relocation services.
MOWN THEREFORE. BE R ORDAINED BY THE CRY COUNCIL OF THE CRY OF FAYET-
TEVILLE, ARIUNBAB;
Section 1. That the Gry Council of the GN of Fayetteville, Arkansas hereby finds that such dreum-
stances ocnsttute W excepuonai sihl8ticn where competlIAO bdding is not feasible or preancel; waivsa the requirements Of formal competIM bidding, and approves peyraam to Zang Dechice Contactors, Inc. Of $100,000.00 to provide electrical ucilily rebtatlon services required to allow the continued demo-
lition of The Mountain Inn,
Section 2. That the City Council of the Cry of FayettevillD. A�yansas hereby approves Me use of up to
$33.163.00 of the previcusry-approved project Caningennq tar elecircal ulllity relocation.
n PASSED and APPROVED this 21st day Of June, 2005,
APPROVED:
By:
DAN COODY, Nlw�
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470