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HomeMy WebLinkAboutOrdinance 4758 ORDINANCE NO. 4758 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A COST-SHARE AGREEMENT WITH LEGACY, LLC IN THE AMOUNT OF $19,200.02 FOR THE UPSIZING OF APPROXIMATELY 1538 FEET OF 8" WATER MAIN TO A 12" WATER MAIN; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $2,879.98. WHEREAS, the Water Master Plan calls for a 12" water main along Deane Solomon Road, where Legacy, LLC is developing residential subdivisions; and, WHEREAS, entering into a cost-share agreement with Legacy, LLC and utilizing their on-site contractor to construct the water main extension 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 waives the requirements of formal competitive bidding and approves a cost-share agreement with Legacy, LLC in the amount of $19,200.02 for the upsizing of approximately 1538 feet of 8" water main to a 12" water main. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a contingency in the amount of $2,879.98. PASSED and APPROVED this 20f day of September, 2005. APPROVED: g��` \Z Y CPO sG -AYETTEVILLE ; By: DAN GOODY, May ATTEST: s'vs 9R/fANSP�J�' By: SONDRA SMITH, City Clerk . . . . . . ... ... . . ... . . . . .. CONTRACTUAL AGREEMENT This Agreement, made and entered into this st filMr a0P ,*q ,!5 , by and between the City of Fayetteville, Arkansas and Legacy, LLC, Witnesseth: WHEREAS, Legacy, LLC, will be proposing a development along the east side of Deane Soloman Road north of Moore Lane and south of West Salem Road; and WHEREAS, The developer will be extending an 8" main through the project site to provide service an fire protection to the development; and WHEREAS, it will benefit the City of Fayetteville to upgrade this 8" water main extension to a 12" main. This upgrade will continue the creation of a 12" water main grid in this area in accordance with the water distribution master plan. NOW, THEREFORE, the City of Fayetteville and Legacy, LLC, agree as follows: 1 . 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 Dean Soloman Road. B. Pay a maximum-not-to-exceed cost of $25,908. 10 for the afore mentioned water main construction as was provided by Legacy, LLC, and made a part f of this agreement. C. Reconsider the costs if the future and actual construction prices exceed the maximum-not-to-exceed amount that was famished by Legacy, 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 Legacy, LLC, within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. Legacy, 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 Legacy, 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 $25,908. 10 for the water main upgrade. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY ZTTEVILLE Legacy, LLC i By: B dqG DAN COODY, Mayor • City of Fayetteville 91z,)P5 Staff Review Form Ll 75 City Council Agenda Items or Contracts �Z ;, D 9!0/2005 City Council Meeting Date Brent K. O'Neal Engineering Operations Submitted By Division Department Action Required : Approval of a cost-share and bid waiver for Deane Soloman Road Cost Share in the amount of $22,528.78 with a contingency of $3,379.32 with Legacy LLC, for the upsizing of approximately 1282 feet of 8 water main to a 12' water main. $ 25,908.10 $ 2749740.00 Water and Sewer Cost Share Cost of this request Category / Project Budget Program Category / Project Name $ 25,512.00 Water Main Improvements Account Number Funds Used to Date Program / Project Category Name $ 2499228.00 Water and Sewer Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Depa ment Di ector Date Original Contract Date: z Original Contract Number: O�5 City Attorney (/U /Date Received in City Clerk's Office 9 2 OS F' ance nd Internal Service Director a Received in Mayor's Office Mayr Date Comments: City Council Meeting of September 20 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Tim Conklin From: Ron Petrie, City Engineer Date: August 31 , 2005 Subject: Proposed Deane Soloman Road Cost Share in the amount of $22,528.78 with a contingency of $3,379.32 with Legacy LLC, for the upsizing of approximately 1282 feet of 8" water main to a 12" water main. RECOMMENDATION Staff recommends that the City cost-share with Legacy LLC, the developer, to upsize approximately 1282 feet of 8" water main to a 12" main. By participating in the construction of these improvements, the City will be continuing a 12" grid in the water line distribution system in this area. BACKGROUND The developer is planning a residential development along the east side of Deane Soloman Road. A rezoning request has been submitted for this property and is currently in the Planning Commission process. As a part of this future development, the developer will be required to construct a water main extension to provide service and fire protection to the site. DISCUSSION The developer currently has a residential subdivision, Springwoods Lot 5, under construction north of Mount Comfort Road. Springwoods Lot 5 is located directly north of Springwoods Lot 3. The developer has requested approval of an extension of a water main along Deane Soloman Road across the frontage of both residential developments. The developer has a contractor on-site and would like for them to install this additional water main at the same time as the Springwoods Lot 5 construction. This area is identified on the Water Master plan as a corridor for a portion of a 12" grid along Deane Soloman Road. It would benefit the City to cost-share with the developer for the construction of this portion of the planned grid. 1 • City Council Meeting of September 20 Construction estimates have been provided to the City for these improvements by Legacy LLC as follows: Developer's Share $ 38,293.50 City's Share $ 229528.78 15% Contingency(City's Share) $ 3,379.32 Total $ 64,201.60 BUDGET IMPACT The funds for this water line distribution project will come from the Water and Sewer Fund. Currently there is $249,228.00 available in the Water and Sewer Cost Share account. The final costs to the City will be based upon actual costs as documented by Legacy 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 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A COST-SHARE AGREEMENT WITH LEGACY, LLC IN THE AMOUNT OF $22,528.78 FOR THE UPSIZING OF APPROXIMATELY 1282 FEET OF 8" WATER MAIN TO A 12" WATER MAIN; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $3,379.32. WHEREAS, the Water Master Plan calls for a 12" water main along Deane Solomon Road, where Legacy, LLC is developing residential subdivisions; and, WHEREAS, entering into a cost-share agreement with Legacy, LLC and utilizing their on-site contractor to construct the water main extension 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 waives the requirements of formal competitive bidding and approves a cost-share agreement with Legacy, LLC in the amount of $22,528.78 for the upsizing of approximately 1282 feet of 8" water main to a 12 water main. Section 2. That the City Council of the City of Fayetteville r ansashereby approves a contingency in the amount of $3,379.32. i PASSED and APPROVED this 20th day of,September, 2© 5. �� - APPROV =r„ By: DiA COAD yor A /J By: ff `. SONDRA SMITH„City Clerl I � � I - / i T Cn -a 0 N 3 0) N 0 CD r rn o_ v Cl) CD iv w a m o 3 O �. < CD o CD o CL cn �_ c rn o rn 0 fl. v CD CD o o � CD N 3 o m O -o v CD CD EnN CD cT � 3 � 00 C' v 0 r o CD CD CD v fA y rO•r 3 .� m S CD O N n (�j 7 « n n CDcn C0 5• (n0 G w A) M cn w fn In = N fl. N A A 0CO) CL (69 Lo D E C G co CD O f7/�1 w 00 W S ;• cC n O O O 0CL CD a cn A O <CD � T CD D co O N `C N iw ,a ET -o � CD C V1 CCD r" Q. m T N CD 0. <' N v to 3 CD O dN N z N =' coCJI 69 00 O A N co O N O -q W IV Oo CT CO pp (C::)) N O cc::)) fb n � m y 0 9 CONTRACTUAL AGREEMENT This Agreement, made and entered into this 'f p.m erT by and between the City of Fayetteville, Arkansas and Legacy, LLC, Witnesseth: WHEREAS, Legacy, LLC, will be proposing a development along the east side of Deane Soloman Road north of Moore Lane and south of West Salem Road; and WHEREAS, The developer will be extending an 8" main through the project site to provide service an fire protection to the development; and WHEREAS, it will benefit the City of Fayetteville to upgrade this 8" water main extension to a 12" main. This upgrade will continue the creation of a 12" water main grid in this area in accordance with the water distribution master plan. NOW, THEREFORE, the City of Fayetteville and Legacy, LLC, agree as follows: 1 . Upon the City Council and/or the Mayor approving the Water Main Cost-Share, the City of Fayetteville agrees to: A. Pay for 100% of the actual documented construction costs for the upsizing to a 12" water main along Persimmon Street. B. Pay a maximum-not-to-exceed cost of $25,908. 10 for the afore mentioned water main construction as was provided by Legacy, 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 Legacy, 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 Legacy, LLC, within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. Legacy, 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 Legacy, 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 $25,908. 10 for the water main upgrade. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE Legacy, LLC, By: By: DAN COODY, Mayor . . .� . . . . . . . . . � . . . . . . . . � . . , ! a ; � .£ • 7 ! ! & ! ■ % �: �_ � ; § E \ ` 7 2r . zz { D ; s ■ - / \\ _ � ® ■ k k ° \ f : ; ( J £ ¥ ; 9Ik 2 # 2 # £ f • ) I \! _ § ! ! \ . { k ; ! ! . k $ � Clarice Pearman - Ord. 4758 Page 1 From: Clarice Pearman To: O'neal, Brent Subject: Ord. 4758 Brent, Attached is a copy of your agenda item passed by City Council, September 20, 2005 regarding a cost- share agreement with Legacy, LLC. I will forward to you one of two original contracts via interoffice mail. Also I will forward via interoffice mail to internal audit the original purchase requisition. Thanks. Have a good day. Clarice CC: Bell, Peggy; Deaton, Vicki