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HomeMy WebLinkAboutOrdinance 4759 r CONTRACTUAL AGREEMENT This Agreement, made and entered into this & n}.eM�� 1005 , 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 $20,080.00 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 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 $20,080.00 for the water main upgrade. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OFF TTEVILLE Legacy, LLC, By: By 9 ' A� ' ?DL DAN COODY, Mayor /D.2p • City of Fayetteville • 7 zD ��s Staff Review Form City Council Agenda Items or Contracts 9/20/2005 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 $ 19,200.02 with a contingency of $2,879.98 with Legacy LLC, for the upsizing of approximately 1538 feet of 8 water main to a 12' water main. $ 229080.00 $ 274,740.00 Water & Sewer Cost Share Cost of this request Category / Project Budget Program Category / Project Name 5400.5600.5808.00 $ 259512.00 Water Main Improvements Account Number Funds Used to Date Program / Project Category Name 02067 $ 249,228.00 Water and Sewer Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department Director Date Original Contract Date: Original Contract Number: City Attorney ( Date Received in City Clerk's Office 1- os o inancIS and Internal Service Director Date Received in Mayor's Office Arm, Mayor 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 $ 19,200.02 with a contingency of $2,879.98 with Legacy LLC, for the upsizing of approximately 1538 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 1538 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 3, under construction north of Mount Comfort Road. Springwoods Lot 5, the future development, will be 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 the future residential development, and Springwoods Lot 3 . 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 $ 44,341.50 City's Share $ 19,200.02 15% Contingency(City's Share) $ 2,879.98 Total $ 66,421.50 BUDGET IMPACT The funds for this water line distribution project will come from the Water and Sewr 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 $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;, r ansasereby approves a contingency in the amount of $2,879.98. Ll -o i PASSED and APPROVED this 20f day of,September, 20, 5. i APPRO "V.4 / By: / Dr COODam ' yor ATTEST4 By: SONDRA SMITH City 06A CONTRACTUAL AGREEMENT This Agreement, made and entered into this 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 $20,080.00 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. 0 0 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 $20,080.00 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 O T a O N m m 00 2 0 90 m n w m. v 2 w m 0 m o 5 N o T m c i � m O � m m 2 s o. m 0 o m a x m O a m m > > c m o O Z m m a 3 c s m ^ m � A m 5 Z s C Q O ? 9 M N 0 N= m m � a C m � CD oa a a a a a a a u a N m m (p 0 0 0 0 0 0 0 0 0 0 o n m 0 0 0 0 0 0 0 0 0 0 ? n N r H r n N T o' o O J 0 T A N O m V m A C m s c m z m 3 a g m o # m p T y v m o < « m K Gr x m m a d x m N a a a a Z m Z a m o a O x u m m O O O m m 0 D o N N # hcTj y � m n m T m 6 N ry O ¢5. # 3 m u 2 a � ƒ < \ $ \ ) \ / / ! CL ? / \ E a �_ 7 / \ $ 0 # \o 0 2 / 0 j 0 CL § \ g \ ] k $ N \ I � � q 3co E ' O \ / / A � CD § \ S K) n 2 ? CDK ' § \ / { 0 e 22 § »Fq t e \ G m a \ CD cn \ \ \ MM pop 0 0 _D <_ � ±/ 69 f ® CL M -ph i G 2 m / CO k D 7■ n E = 2 — / \ m G < CL 8 / ƒ } C < ± j O \ / \ e g 7 q m » m M P W 8 8 Cil q } § � Clarice Pearman - Ord. 4759 Page 1 From: Clarice Pearman To: O'neal, Brent Date: 9/28/05 5: 13PM Subject: Ord. 4759 Brent, Attached is a copy of the ordinance waiving competitive bidding passed by the City Council, September 20, 2005. Also attached is a copy of the cost-share agreement with Legacy LLC. CC: Deaton, Vicki ansaaDem®crat % azette NORTHWEST ;. . IP "Norrduvest Arrkartisals' Most Widely Read Neumpaperr" 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 S PO# Publication Charge : $ Subscribed and sworn to before me this day of 0 12005. Notary Public Sharlene D. Williams Notary Public ORDINANee No. uw — -- MyCommission Expiresstate of Arkansas AN ORDINANCEHAMNO HEREWIREMENSOF 1• FORMAL KAREOA ITNE f31DDING ANO APPROVING V �evl le MyCommiSSi s ACOSTSHAREAGREEMEN WTH CCr1CYLLCIN THE Amow OF $22,528.]8 FOR THE UPSRING October 18, 2014 QAA�TQY�IN; ANDgPFPRG� ASN ARKANSAS TINGENOY IN'THE AMOUNT OF $3,37832. ** Please do not pay from Affidavit. wNND7Aa „� �� An invoice will be sent �9a . LLG� 9 e�daa� cab fa a ,2 abdAS&M: and oo9 Dame Sobrtwn Rued, Where totter the wetertaman e>Ttenslan YN atldedl LLC uDarg Uvk a sjte canaac- wNiYW Wald erlee ham Ue larval aanPetpf+e dtltiv9 pracese,Castand OYMOSSmy duP kabcn a elkrt WHOMAa the City Caar9 (vids Net sxYt canpeWrl54hlle n exceptlatel Nustbn wham StMa addbg O not feasbe o, pmatbl. NOW THeR "Wt an R ORDAIN® By THE CRY COUNCIL OP TNR CITU OF RATE{. TXWLLR. ARKANaAat r Sectidn 1. That the Cuy COW" Of dre City of FayattetOe. Adtansay ' $22,528 8 v tt e U ng eW aPPta4s a aat-share aBteement Lepary, uCDin tliB Ll o/ Sectbn 2. That NeatY Canglfrmbnettly t2821ea of 8' water mein b a 12' Water meet. MO Arnoant of $3,379.32. FeyedeWlle' n� here0y aPPtmm a aanh9eriry h PAMD mW APpROYRD ws 20th day of September. 2005. APPROVED: D. DAN COODY. Ma m ATTEST: BY— Bl,}11DM aMRN. CNY CIMt ' P.O. BOX 1607 • 212 N . EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 479.571 -6470