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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. �h p ��.���RFVTRSG��' PASSED AND APPROVED this day of April, 2006. 6bS 00ee ;U ° 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 y� dad City of Fayetteville y y q Staff Review Form 8057 City Council Agenda Items kPRcr Vhlh� or LLC Contracts � �. Y y�raryr 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 4 P g PP PP �a r , F__14 to exceed $17,909.00 for the upsizing of approximately 1370' of 10"�wwatter� __ 12' water main. 0040� 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