HomeMy WebLinkAboutOrdinance 4819 f
ORDINANCE NO.4819
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE AGREEMENT WITH RESERVE, LLC IN AN AMOUNT
NOT TO EXCEED $661 ,316.91 FOR THE WIDENING OF
RUPPLE ROAD AND PERSIMMON STREET ADJACENT TO
THE MOUNTAIN RANCH DEVELOPMENT
WHEREAS, the City Council Street Committee voted to forward to the City Council the
recommendation for a cost share agreement to widen approximately 1 ,200 linear feet of Rupple Road
to a four-lane boulevard, approximately 1 , 100 linear feet of Persimmon Street to a three-lane
collector, and approximately 2, 100 linear feet of Persimmon Street to a two-lane local street;
WHEREAS, entering into a cost-share agreement with Reserve, 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 Reserve, LLC in an amount not to exceed $661 ,316.91 for the widening of
approximately 1 ,200 linear feet of Rupple Road to a four-lane boulevard, approximately 1 , 100 linear
feet of Persimmon Street to a three-lane collector, and approximately 2, 100 linear feet of Persimmon
Street to a two-lane local street.
PASSED AND APPROVED this 17`h day of January, 2006.
APPROVED:
By: C
DAN GOODY, Mayor
ATTEST:
By: p .SG
S NDRA SMITH, City Clerk
: FAYETTEVILLE
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CONTRACTUAL AGREEMENT
This Agreement, made and entered into this 2D A . day of March 2006, by and
between the City of Fayetteville, Arkansas and Reserve, LLC, Witnesseth:
WHEREAS, Reserve, LLC is a developer constructing a 117 lot residential
subdivision at the intersection of Persimmon Street and Rupple Road; and
WHEREAS, The developer will be constructing street improvements along Rupple
Road and Persimmon Street to serve the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade these portions of
roadway to accommodate future traffic needs. These upgrades will include a boulevard
section along Rupple Road, a three lane section of Persimmon Street along the City of
Fayetteville' s park property and a twenty-two foot section of Persimmon Street to the east to
connect with Shiloh Drive as shown on the attached drawings which are incorporated herein
except that the 22 foot section of road will not include a City of Fayetteville cost share.
NOW, THEREFORE, the City of Fayetteville and Reserve, LLC agree as follows:
1 . The City of Fayetteville agrees to:
A. Pay for the actual documented construction costs for the upsizing of
Rupple Road and Persimmon Street in the amount of $661 ,316.91 .
B. Make all efforts to provide progress payments to Reserve, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2 . Reserve, LLC agrees to:
A. Provide the necessary and normal project engineering, 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 street installation.
C. Properly complete the construction of both Rupple Road and Persimmon
Street to City of Fayetteville street standards pursuant to the attached
drawings and dedicate the streets to the City of Fayetteville.
3 . It is further understood that the contract for construction is between Reserve, LLC
and their 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 in the amount of $661 ,316.91 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE ERVE, C
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By: By:
N
DACOODY, Mayor TOM TERMINELLA, President
ATTEST: WITNESS :
By: By:
SONDRA SMITH, City Clerk
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AGREEMENT TO DEDICATE LAND
TO THE CITY OF FAYETTEVILLE FOR THE EXTENSION
OF RUPPLE ROAD SOUTH ALONG THE BORDER OF
THE MOUNTAIN RANCH DEVELOPMENT
On this 201h day of December, 2005, the City of Fayetteville and Tom Terminella
hereby agree as follows:
In consideration for the City Council's approval of the cost share with Tom
Terminella for the construction of Rupple Road to the southern boundary of the
development and the construction of Persimmon Road from Rupple Road to its
intersection with Betty Jo Drive; Tom Terminella, for himself and for the Mountain
Ranch developers and owners, agrees to dedicate to the City of Fayetteville (without cost
to the City of Fayetteville) 55 feet from the western border of his property from the
southern border of PPL 05- 1509 (Preliminary Plat of Mountain Ranch Phase One) to the
southern border of his property for purposes of construction of Rupple Road as a
boulevard. Attached as Exhibit A is a depiction of the area that will be dedicated.
Mr. Terminella agrees, for himself and all other owners of this property, that this
dedication shall occur at the earliest of either:
( 1 ) When the City of Fayetteville determines to construct the Rupple
Road Boulevard upon this area pursuant to the Master Street Plan; or
(2) When the land currently owned by Mr. Terminella (and others he
represents) is accepted by the City for development through a Final Plat or otherwise.
In agreement with all terms and promises stated above, the parties sign their
names below:
CITY OF FAYETTEVILLE
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TOM TERMINELLA By: DAN COODY
Personally and for Mountain Ranch Mayor
and all of its current owners
„sump, ATTEST:
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FAYETTEVILLE ; SO RA SMITH, City Clerk
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CONTRACTUAL AGREEMENT
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This Agreement, made and entered into this , by and between the City
of Fayetteville, Arkansas and the Fayetteville School District, Witnesseth:
WHEREAS, Fayetteville Public School District is constructing a new school at the
southwest comer of the intersection of Persimmon Street and Rupple Road. ; and
WHEREAS, The school district will be extending an 8" main through the project site to
provide water service and 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 the Fayetteville Public School
District 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 Rupple Road.
B. Pay a maximum-not-to-exceed cost of $52, 195.00 for the afore mentioned
water main construction as was provided by the Fayetteville Public School
District 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 the Fayetteville
Public School District. 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 the Fayetteville Public School
District within thirty (30) days after receipt of the invoice(s) but cannot
guarantee the thirty day schedule.
2. Fayetteville Public School District 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 the
Fayetteville Public School District and their 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 $52, 195 .00 for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE FAYETTEVILLE PUBLIC SCHOOL
DISTRICT
By: By: C
DAN COODY, Mayor BO BY C NEW , Superintendent
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
Division:
2005 Program: 12/20/2005
Project or Item Added/increased: Project or Item Deleted/Reduced:
$577,453 is requested in the Street Improvements None. $577,453 is proposed from the Use of Fund
account of the Street ROW/Intersection/Cost Sharing Balance in the Sales Tax Capital Improvements Fund.
capital project.
Justification of this Increase: Justification of this Decrease:
Funding is needed for a street cost share with Reserve, Sufficient funding remains to comply with City policies.
LLC for the widening of Rupple Road and Persimmon
Street. The Street ROW/Intersection/Cost Sharing capital project
will be reduced by this amount in 2006.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 577,453 02116 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Use of fund balance 4470 0947 4999 99 577,453
Approval Signatures Budget Office Use Only
Z QST Type: A B C n E
✓Requested By Date
Date of Approval
4Budget Manager Date Initial Date
Z.o S Posted to General Ledger
Department Director Date Initial Date
( 2 - 5 -05 Posted to Project Accounting
Finance & Interna ervices D ctor — ate Initial Date
ZQ C7 Entered in Category Log
Mayor Date Initial Date
D
City of Fayetteville 111 -7
Staff Review Form �Y/
/J�
City Council Agenda Items /< WVI 1
or
Contracts
20-Dec-05
City Council Meeting Date
Matt Casey Engineering Operations
Submitted By Division Department
Action Required:
Approval of a bid waiver and a cost share in the amount of $798,963.44 with Reserve, LLC for improvements to
Rupple Road and Persimmon Street.
Street ROW / Intersection /
$798,963.44 $ 559,143.00 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 337,632.06 Street Improvements
Funds Used to Date Program / Project CategoryName
02116 $ 221 ,510.94 Sales Tax
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached �x
Previous Ordinance or Resolution #
X22 -oS
Depai1ment Diybctor Date Original Contract Date:
Original Contract Number:
City Attorn /mss
Received itk's Office
AR / � '2/
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Finance a d Internal Service Director ate
Received in Mayor's Office ��
Mayor 5 /bate
Comments:
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City Council Meeting of December 20, 2005
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations&V
From: Ron Petrie, City Engineer
Date: December I , 2005
Subject: Proposed Street Cost Share in the amount of $798,963 .44 with Reserve, LLC
for the widening of Rupple Road and Persimmon Street adjacent to the
Mountain Ranch Development.
RECOMMENDATION
Staff recommends approval of a bid waiver and a cost share with Reserve, LLC for the
widening of approximately 1200 LF of Rupple Road to a four lane boulevard,
approximately 1100 LF of Persimmon Street to a three lane collector and approximately
2100 LF of Persimmon Street to a two lane local street.
BACKGROUND
At the August 3, 2004 meeting of the City of Fayetteville City Council, the annexation of
the property for the Mountain Ranch development was heard (ANX 04- 1083 Marinoni).
During this hearing, the council members discussed the need for a connection of
Persimmon Street to Shiloh Drive. It was agreed at that time that this extension would be
made with the proposed development. The City Council unanimously passed the
requested annexation.
Since that time Planning Commission has approved the preliminary plat of the Mountain
Ranch subdivision. The developer and City staff have worked together to plan the
improvements necessary for Rupple Road and Persimmon Street adjacent to this
development. The improvements include upsizing the required two lane street section
along Rupple Road to a four lane boulevard section. The additional width will add
capacity for the construction of the new school that is under construction adjacent to this
portion of roadway. The improvements to Persimmon include constructing a three lane
section the extent of the City property that is occupied by the Boys and Girls Club. From
the City property east to the existing portion of Persimmon by Shiloh, a two lane local
street section is proposed until development occurs on the north side of this roadway. As
development occurs, the street can be widened to the full three lane section.
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