HomeMy WebLinkAboutOrdinance 4857 ORDINANCE NO. 4857
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE WITH UPPER WHITE RIVER, LLC IN AN AMOUNT
NOT TO EXCEED $ 17,909.00 FOR THE UPSIZING OF
APPROXIMATELY 1370' OF 10" WATER MAIN TO 12" WATER
MAIN; AND APPROVING A CONTINGENCY IN THE AMOUNT
OF $27686.35
WHEREAS, the City of Fayetteville's Water Master Plan calls for a portion of the 12" Water
Main Grid to run along Habberton Road across the frontage of the residential development that
Upper White River, LLC is currently developing; and,
WHEREAS, entering into a cost-share agreement with Upper White River, LLC and
utilizing their engineer and contractor to extend the 12" Water Main 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 with
Upper White River, LLC in an amount not to exceed $ 17,909.00 for the upsizing of approximately
1370' of 10" water main to 12" water main.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
contingency in the amount of $2,686.35.
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PASSED AND APPROVED this day of April, 2006.
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APPROVE ' ATTEST: TWA
; FAYETTEVILLE ;
By: BY:
DAN COODY, Mayor 9ONDRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this , by and between the City
of Fayetteville, Arkansas and Upper White River, LLt', Witnesse
WHEREAS, Upper White River, LLC, is proposing a development along the west side
of Habberton Road, north of Highway 45; and
WHEREAS, The developer will be extending an 10" main adjacent to the project site to
provide service and fire protection to the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade this 10" 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 Upper White River, 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 Habberton Road.
B. Pay a maximum-not-to-exceed cost of $20,595.35 for the afore mentioned
water main construction as was provided by Upper White River, 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 Upper White
River, 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 Upper White River, LLC, within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. Upper White River, LLC, agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable water main instaliation.
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 Upper White
River, 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 $20,595.35
for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Upper White River, LLC,
By: B--AA
DAN GOODY, Mayor
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City of Fayetteville y
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Staff Review Form
8057
City Council Agenda Items kPRcr Vhlh�
or LLC
Contracts
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4/4/2006
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 Oxford Bend Estates Cost Share in the amount of $17,909.00 with a
contingency of $2,686.35 with Upper White River LLC for the upsizing of approximately 1 ,370 feet of 10" water main
to a 12" water main.
$ 20,595.35 $ 130,798.00 Water and Sewer Cost Sharing
Cost of this request Category / Project Budget Program Category / Project Name
5400.5600.5808.00 $ Water & Sewer Improvements
Account Number Funds Used to Date Program / Project Category Name
02067 $ 1309798.00 Water and Sewer
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached
Previous Ordinance or Resolution #
Department Eirector Date Original Contract Date:
Original Contract Number:
City Attorney Date
Received in ice
Finance and Internal Service Director Da e
Received in ffice
Mayr Date
Comments:
City Council Meeting of April 4`h
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Tim Conklin
From: Ron Petrie, City Engineer
Date: March 13 , 2006
Subject: Proposed Oxford Bend Estates Cost Share in the amount of $ 17,909.00 with a
contingency of $2,686.35 with Upper White River LLC, for the upsizing of
approximately 1 ,370 feet of 10" water main to a 12" water main.
RECOMMENDATION
Staff recommends that the City cost-share with Upper White River LLC, the developer,
to upsize approximately 1 ,370 feet of 10" water main to a 12" main. By participating in
the construction of these improvements, the City will be continuing a 12" grid in the
waterline distribution system in this area.
BACKGROUND
The developer is planning a residential development along the west side of Habberton
Road. As a part of this future development, the developer is required to construct a water
main extension to provide service and fire protection to the site.
DISCUSSION
The developer has requested approval of an extension of a water main along Habberton
Road across the frontage of the residential development. The developer has selected a
contractor (see attached construction bid) and would like for them to install this water
main. This area is identified on the Water Master plan as a corridor for a portion of a 12"
grid along Habberton Road. It would benefit the City to cost-share with the developer for
the construction of this portion of the planned grid.
Construction estimates have been provided to the City for these improvements by Upper
White River LLC as follows:
Oxford Bend Estates Cost Share 1
City Council Meeting of April 4`h
Developer's Share $ 1349137,10
City's Share (Difference in Costruction Bid) $ 179909,00
15% Contingency(City's Share) $ 2,686.35
Total $ 1549732,45
BUDGET IMPACT
The funds for this water line distribution project will come from the Water and Sewer
Fund. Currently there is $ 130,798.00 available in the Water and Sewer Cost Share
account.
The final costs to the City will be based upon actual costs as documented by Upper White
River 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.
Oxford Bend Estates Cost Share 2
ORDINANCE NO._
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVING A COST-SHARE WITH UPPER WHITE RIVER, LLC
IN ANzAMOUNT NOT TO EXCEED $17,909.00 FOR THE UPSIZING OF
APPROXIMATELY 1370' OF 10" WATER MAIN TO 12" WATER MAIN; AND
APPROVING A CONTINGENCY IN THE AMOUNT OF $206.35.
WHEREAS, the City of Fayetteville's Water Master Plan calls for a portion of the 12" Water Main Grid to
run along Habberton Road across the frontage of the residential development that Upper White River, LLC is
currently developing; and,
WHEREAS, entering into a cost-share agreement with Upper White River, LLC and utilizing their engineer
and contractor to extend the 12" Water Main 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 thatsucR circumstances
constitute an exceptional situation where competitive bidding is not feasible orfp aand waives the
requirements of formal competitive bidding to approve a cost-share with U er Wlut&Ri er'OLLC in an amount not
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to exceed $17,909.00 for the upsizing of approximately 1370' of 10"�wwatter� __ 12' water main.
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Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a contingency in the
amount of $2,686.35.
PASSED AND APPROVED this w day of April, 2006.
APPROVED: ATTEST:
By: :
DA l CO°ODY, Mayor SONDRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this by and between the City
of Fayetteville, Arkansas and Upper White River, LLC, Witnesseth:
WHEREAS, Upper White River, LLC, is proposing a development along the west side
of Habberton Road, north of Highway 45; and
WHEREAS, The developer will be extending an 10" main adjacent to the project site to
provide service and fire protection to the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade this 10" 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 Upper White River, 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 Habberton Road.
B. Pay a maximum-not-to-exceed cost of $20,595.35 for the afore mentioned
water main construction as was provided by Upper White River, 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 Upper White
River, 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 Upper White River, LLC, within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. Upper White River, 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 Upper White
River, 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 $20,595.35
for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Upper White River, LLC,
By: By:
DAN COODY, Mayor
Clarice Pearman - Re: Upper White River LLC Out of the office Page 1
From: Brent O'neal
To: cpearman@ci.fayetteville.ar.us
Date: 4. 19.06 2: 11 PM
Subject: Re: Upper White River LLC (Out of the office)
I will no longer be an employee with the City of Fayetteville as of Friday March 31 st. Please contact the
Engineering Division at 479-575-8206 if you need immediate assistance.
Thank you,
Brent O'Neal
>>> cpearman 04/19/06 14: 10 >>>
Brent,
The City Council passed a resolution awarding a contract to Upper White River LLC however I do not
have a signed agreement with them. Please get me a signed agreement to continue processing the
resolution.
Thanks.
Clarice
CC: Icossey@ci.fayefteville.ar.us
Clarice 0-ear-man - Upper White River Page 1
From: Clarice Pearman
To: O'neal, Brent
Date: 5. 12.06 12:25PM
Subject: Upper White River
Brent,
Just a reminder I am still waiting for the Oxford Bend Estates cost share agreement with Upper White
River LLC from the April 4, 2006 City Council meeting. Please let me know what is happening with this
item. I would like to get this ordinance processed.
Thanks.
Clarice
CC: Smith, Sondra
Clarice Pearman - Ord. 4857 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 5.25.06 5: 18PM
Subject: Ord. 4857
Ron,
Just a reminder that I am still awaiting a cost-share agreement with Upper White River LLC for the
ordinance passed April 4, 2006. Please let me know when we may receiving an agreement.
Thanks.
Clarice