HomeMy WebLinkAboutOrdinance 4831 ORDINANCE NO. 4831
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH BMW INVESTMENTS, LLC IN AN AMOUNT
NOT TO EXCEED $535,934.80 FOR THE WIDENING OF RUPPLE
ROAD ADJACENT TO THE CLABBER CREEK SUBDIVISION,
PHASES 3, 4 AND 5.
WHEREAS, the City Council Street Committee voted to forward to the City Council the recommendation
for a cost share agreement to widen approximately 1,635 linear feet of Rupple Road to a four-lane boulevard;
WHEREAS, entering into a cost-share agreement with BMW Investments, 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 BMW Investments, LLC in an
amount not to exceed $535,934.80 for the widening of approximately 1,635 linear feet of Rupple Road to a four-lane
boulevard adjacent to the Clabber Creek Subdivision, Phases 3, 4 and 5.
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PASSED and APPROVED this 21st day of February, 2006. .ZCJ
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APPROVED: ATTEST: _ ; FAYETTEVILLE ;
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By: By: 70N
DAN O DY, Mayor SO DRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this MN&N 204'�a2O6,� by and between the
City of Fayetteville, Arkansas and BMW Investments, LLC, Witnesseth:
WHEREAS, BMW Investments, LLC is constructing a 256 lot residential subdivision on
the west side of Rupple Road north of Clabber Creek.; and
WHEREAS, The developer will be constructing street and bridge improvements along
Rupple Road 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 and four travel lanes across the proposed bridge; and
NOW, THEREFORE, the City of Fayetteville and BMW Investments, LLC agree as
follows:
1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the
City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the upsizing
of Rupple Road.
B. Pay a maximum-not-to-exceed cost of $535,934.80 for the afore
mentioned street and bridge construction as was provided by H2
Engineering, Inc. 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 H2 Engineering,
Inc. 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 BMW Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. BMW Investments, LLC agrees to:
A. Provide the necessary and normal project 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. 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 BMW
Investments, 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 with a not-to-exceed amount of
$535,934.80 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY ZETTEVILLE BMW Investments, LLC
By: By
—
DAN COODY, Mayor 6
City of Fayetteville
Staff Review Form
City Council Agenda Items 13A) �q
or Lj� 40o
Contracts
7-Feb-06
City Council Meeting Date
Matt Casey Engineering Operations
Submitted By Division Department
Action Required:
Approval of a cost share and bid waiver in the amount of $535,934.80 with BMW Investments, LLC for the widening
of Rupple Road to a 4-lane boulevard section.
FStreet ROW / Intersection /
$535,934.80 Fs 232213510.94 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 661 ,316.91 Street Improvements
Funds Used to Date Program / Project Category Name
02116 $ 1 ,560, 194.03 Sales Tax Capital Improvements
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
` Received in City �1r1RO e
/tf 2 7 /9
Finance/and Internal Service Director D e
Received in Mayors Office
J2
-L
Mayor / Date
Comments:
7/1%
City Council Meeting of February 7, 2006
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer Y"
Date: January 17, 2006
Subject: Proposed Street Cost Share in the amount of $535,934.80 with BMW
Investments, LLC for the widening of Rupple Road adjacent to the Clabber
Creek Subdivision Phases 3, 4 and 5.
RECOMMENDATION
Staff recommends approval of a bid waiver and a cost share with BMW Investments,
LLC for the widening of approximately 1635 LF of Rupple Road to a four lane
boulevard.
BACKGROUND
On September 27, 2004, the Planning Commission approved the preliminary plat for
Clabber Creek Phases 3, 4 and 5 . The originally approved plans for the subdivision
allowed for a three-lane roadway section along Rupple Road adjacent to the development
and extending south across Clabber Creek to connect with the existing Rupple Road. The
City of Fayetteville has been working on a street bond issue that would include the
construction of Rupple Road as a minor arterial street. On March 10, 2005, the City of
Fayetteville Street Committee recommended approval to cost-share with the developers
to widen Rupple Road from the 36' in width to a minor arterial section in width. On
October 6, 2005 the City of Fayetteville Street Committee agreed on the street cross
section and alignment to be used for Rupple Road. On January 12, 2006, the City of
Fayetteville Street Committee was presented with actual bid costs for the construction of
Rupple Road. The committee recommended approval of the cost share with the
developer.
DISCUSSION
Construction bids have been provided to the City for these improvements by H2
Engineering, Inc., the engineer of record, as follows:
RUPPLE RD. COST SHARE
Developer's Share $194929337.07
City's Share $ 5354934.80
Total $2,0289271 .87
1
City Council Meeting of February 7, 2006
BUDGETIMPACT
Project #02116 (Street ROW / Intersection / Cost Sharing) will be charged the
$535,934.77 necessary for this cost share. With the approved 2006 CIP, $2,000,000 was
budgeted for the street cost sharing program.
The final costs to the City will be based upon actual costs as documented by the BMW
Investments, 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 BMW INVESTMENTS, LLC IN AN
AMOUNT NOT TO EXCEED $535,934.80 FOR THE WIDENING
OF •RUPPLE ROAD ADJACENT TO THE CLABBER CREEK
SUBDIVISION, PHASES 3, 4 AND 5 .
WHEREAS, the City Council Street Committee voted to forward to the City Council the
recommendation for a cost share agreement to widen approximately 1 ,635 linear feet ofRupple Road
to a four-lane boulevard;
WHEREAS, entering into a cost-share agreement with BMW Investments, 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 BMW Investments, LLC in an amount not to exceed $535,934.80-for Yh wii# ning
of approximately 1 ,635 linear feet of Rupple Road to a four-lane boulevard jc mito he Clabber
Creek Subdivision, Phases 3, 4 and 5 .
PASSED AND APPROVED this 7h day of February, 200 j
OVED:
B
AN\C ODSNfayor
ATTEST
By:
S61qDRA S ` i 11,4ity Clerk
J.
< H�
ENQINEER$NC. INC.
SUMMARY OF RUPPLE ROAD ESTIMATED CONSTRUCTION COSTS
Rupple Road Extension
Street Construction & Creek Crossing
Minor Arterial w/ 186 ft Bridge $ 2,028,271 .87
Collector w/ 186 ft Bridge $ 11492,337.07
Variance $ 535,934.80
DEVELOPER OBLIGATION $ 11492,337.07
CITY OBLIGATION $ 535,934.80
Rupple Road Extension
Street Construction Only
Minor Arterial - Street Only $ 1 ,182,252.72
Collector - Street Only $ 883,818.95
CITY OBLIGATION - STREET CONSTRUCTION: $ 298,433.77
Rupple Road Extension
Bridge Only
Minor Arterial - Bridge Only $ 846,019.15
Collector - Bridge Only $ 608,518. 12
CITY OBLIGATION - BRIDGE CONSTRUCTION: $ 2379501.02
V 2
t ainstRSNG6 INC,
RUPPLE ROAD - MINOR ARTERIAL
Construction Cost Estimate
STREET CONSTRUCTION • MINOR ARTERIAL BOULEVARD SECTION
TOTAL r
DESCRIPTION UNIT QUANTITY COST / Unit COST
Engineering Design / REVISIONS / Surveying LS 1 $ 49,675.00 $ 49,675.00
Construction Management (5% Street Const) LS 1 $ 49,969.29 $ 49,969.29
Mobilization LS 1 $ 27,500.00 $ 27,500.00
Clear I Grub (90 ft ROW) Ac 3.41 $ 7,500.00 $ 25.568.18
Cut CY 8442 $ 6.00 $ 50.652.00
FIII Material (In-Place CRY) TY 15453 $ 13.50 $ 208,615.50
Grading LF 1468 $ 5.50 E 8.074.00
Final Shaping LF 1468 $ 7.00 $ 10,276.00
Pavement Section 6736/2' SY 8093 $ 26.83 $ 217,135.19
Curb Cut / Prep LF 3808 $ 3.00 $ 11,424.00
Backfill Curbs LF 3808 $ 4.00 $ 15,232.00
Curb & Gutter LF 3808 $ 8.50 $ 32,368.00
Storm sewer crossing - 24• RCP LF 62 $ 75.00 $ 4.650.00
Storm Sewer Installation LF 3141 E 91.68 $ 287,966.88
Articulated Block Wall ® Alley LF 240 E 47.50 $ 11,400.00
Handrail LF 240 $ 25.00 $ 6,000.00
Silt Fence LF 1000 $ 4.00 $ 4,000.00
Tree Fencing LF 2000 $ 7.00 $ 14,000.00
6.0 Sidewalk LF 2793 $ 18.00 $ 50,274.00
10-ft Asphalt Path LF 0
Truncated Domes SF 200 $ 50.00 $ 10.000.00
Handicap Crossings EA 17 $ 250.00 $ 4,250.00
Contingency (5%) LS 1 $ 48,594.29 $ 48.594.29
Testing LS 1 $ 10,000.00 $ 10,000.00
Bonds, Permits, Insurance LS 1 $ 24,628.39 $ 24,628.39
TOTAL • STREET CONSTRUCTION MINOR ARTERIAL E 1,182,252.72
BRIDGE CONSTRUCTION - 186 FT X 59.5 FT
TOTAL
DESCRIPTION UNIT QUANTITY COST / Unit COST
COE - Sec 404 Nationwide Permit LS 1 $ 18,925.00 $ 18,925.00
Hydrologic Analysis LS 1 $ 13,062.50 $ 13,062.50
Bridge Design LS 1 $ 22,857.50 $ 22,857.50
Bridge Modifications - Pedestrian Trail LS 1 $ 2,085.00 $ 2,085.00
Post-Development LOMR LS 1 $ 23,000.00 $ 23,000.00
General Site Work / Misc LS 1 $ 50,000.00 $ 50,000.00
Grading LS 1 $ 44,000.00 $ 44,000.00
Erosion Control LS 1 $ 20,000.00 $ 20,000.00
Mitigation LS 1 $ 52,000.00 $ 52,000.00
Precast Bridge Sections (31'x3.5' Panels) FA 102 $ 2,233.56 $ 227,823.00
Installation of Bridge Panels EA 102 $ 500.00 $ 51,000.00
Bents EA 5 $ 32,500.00 $ 162,500.00
Abutments EA 2 $ 50,000.00 $ 100,000.00
Staking / Inspection / Testing LS 1 $ 23.400.00 $ 23,400.00
Contingency (5%) LS 1 $ 35,366.15 $ 35,366.15
TOTAL - BRIDGE CONSTRUCTION MINOR ARTERIAL S 848019.15
PROJECT TOTAL MINOR ARTERIAL ,028,271.87
c ■ 2
aMOtNaaRilt4lq IN4A
RUPPLE ROAD - COLLECTOR
Construction Cost Estimate
STREET CONSTRUCTION - COLLECTOR 36' 8.8
TOTAL
DESCRIPTION UNIT QUANTITY COST / Unit COST '>•
Engineering Design / Surveying - Rupple LS 1 $ 19.700.00 $ 19,700.00
Construction Management (5% Street Const) LS 1 $ 38,102.12 $ 38,102.12
Mobilization LS 1 $ 25,000.00 $ 25,000.00
Clear I Grub (90 If ROW) Ac 3.03 $ 7,500.00 $ 22,727.27
Cut CY 5556 $ 6.00 $ 33,336.00
Fill Material (in-Place Oty) CY 8248 $ 13.50 $ 111 ,348.00
Grading LF 1468 $ 3.00 $ 4,404.00
Final Shaping LF 1468 $ 4.00 $ 5.872.00
Pavement Section 67372' SY 5205 $ 26.83 $ 139.650.15
Curt Cut / Prep LF 2928 $ 3.00 $ 8,784.00
Backfill Curbs LF 2928 $ 4.00 $ 11,712.00
Curb B Gutter LF 2928 $ 8.50 $ 24,888.00
Storm sewer crossing - 24' RCP LF 36 $ 75.00 $ 2,700.00
Stone Sewer Installation LF 3141 $ 91 .68 $ 287,966.88
Articulated Block Wall @ Alley LF 0 $ - $ -
Handrail LF 0 $ - $ -
Silt Fence LF 1000 $ 4.00 $ 4,000.00
Tree Fencing LF 2000 $ 7.00 $ 14,000.00
6-ft Sidewalk LF 2228 $ 18.00 $ 40,104.00
10-ft Asphalt Path LF 565 $ 20.00 $ 11,300.00
Truncated Domes SF 200 $ 50.00 $ 10.000.00
Handicap Crossings EA 17 $ 250.00 $ 4,250.00
Contingency (5%) LS 1 S 40.279.72 $ 40,279.72
Testing LS 1 $ 5,000.00 $ 5,000.00
Bonds, Permits, Insurance LS 1 $ 18.694.81 $ 18,694.81
TOTAL - STREET CONSTRUCTION ICOLLECTORI $ 883818.95
BRIDGE CONSTRUCTION - 186 FT X 38.5 FT
TOTAL
DESCRIPTION UNIT QUANTITY COST / Unit COST
COE . Sec 404 Nationwide Permit LS 1 $ 15,395.00 $ 15,395.00
Hydrologic Analysis LS 1 $ 11,250.00 $ 11 ,250.00
Bridge Design LS 1 $ 14,975.00 $ 14,975.00
Bridge Modifications - Pedestrian Trail LS 1 $ - $ -
Post-Development LOMR LS 1 $ 23,000.00 S 23,000.00
General Site Work / Misc LS 1 $ 40,000.00 $ 40,000.00
Grading LS 1 $ 40,OOOAO $ 40,000.00
Erosion Control LS 1 $ 20,000.00 $ 20,000.00
Mitigation LS 1 $ 40,000.00 $ 40,000.00
Precast Bridge Sections (31'x3.5' Panels) FA 66 $ 2,233.56 $ 147,414.88
Installation of Bridge Panels EA 66 $ 500.00 $ 33,000.00
Bents EA 5 $ 22,750.00 $ 113,750.00
Abutments EA 2 $ 35,000.00 $ 70,000.00
Staking / Inspection / Testing LS 1 $ 14,525.00 $ 14,525.00
Contingency (5%) LS 1 $ 25,208.24 $ 25,208.24
TOTAL - BRIDGE CONSTRUCTION COLLECTOR $ 608518.12
PROJECT TOTAL MINOR ARTERIAL a $ 1,492,337.07
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this by and between the City
of Fayetteville, Arkansas and BMW Investments, LLC, Witnesseth:
WHEREAS, BMW Investments, LLC is constructing a 256 lot residential subdivision on
the west side of Rupple Road north of Clabber Creek.; and
WHEREAS, The developer will be constructing street and bridge improvements along
Rupple Road 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 and four travel lanes across the proposed bridge; and
NOW, THEREFORE, the City of Fayetteville and BMW Investments, LLC agree as
follows:
1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the City
of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the upsizing
of Rupple Road.
B. Pay a maximum-not-to-exceed cost of $535,934.80 for the afore
mentioned street and bridge construction as was provided by H2
Engineering, Inc. 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 H2 Engineering,
Inc. 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 BMW Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. BMW Investments, LLC agrees to:
A. Provide the necessary and normal project 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. 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 BMW
Investments, 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 with a not-to-exceed amount of
$535,934.80 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE BMW Investments, LLC
By: By:
DAN COODY, Mayor
