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
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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
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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
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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