HomeMy WebLinkAboutOrdinance 4872 ORDINANCE NO. 4872
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH RESERVE, LLC IN THE AMOUNT OF
$70,793.00 FOR THE UPSIZING OF APPROXIMATELY 3340 FEET
OF 8" WATER MAIN TO 12" WATER MAIN; AND APPROVING A
CONTINGENCY IN THE AMOUNT OF $ 105600.00.
WHEREAS, the Water Master Plan calls for a 12" water main along Persimmon Street, where
Reserve, LLC is developing a residential subdivision; and,
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 the amount of $70,793 .00 for the upsizing of approximately 3340 feet of 8" water main
to 12" water main.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves 1
contingency in the amount of $ 10,600.00. �.�� RK/TR�''�,
a� • G� C Y •pF SGS
PASSED AND APPROVED this 2"d day of May, 2006.
; FAYETTEVILLE ; 3
APPROVED: ATTEST:
%9sy PKANSP.J��.
By: By:
AN COODY, Mayor SO DRA SMITH, City Clerk
RECEIVED
APR 13 20%
CONTRACTUAL AGREEMENTENGINEERING DIV,
This Agreement, made and entered into this Pod day of U, , 2006, by and between the City of
Fayetteville, Arkansas and Reserve, L.L.C., Witnesseth:
WHEREAS, Reserve, L.L.C. is constructing a 117 lot residential subdivision at the
intersection of Persimmon Street and Rupple Road; and
WHEREAS, Reserve, L.L.C. 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 Reserve, L.L.C. 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 the actual documented construction costs for the upsizing to a 12"
water main along Persimmon Road in the amount of $81 ,392.40.
B. Make all efforts to provide progress payments to Reserve, L.L.C. within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. Reserve, L.L.C. 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 Reserve,
L.L.C. 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 $81 ,392.40 for the water
main upgrade.
y�
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE RESERVE, L.L
By: / By:
DAN COODY, Mayor TWVFTERMINELLA, Manager
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PERSIMMO •ST ; ; � �M
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Proposed 12" Water Main
1 G
• 1 \ o�
Proposed Cost Share
Water Main Improvements
Rupple Road to Betty Jo Drive
0 550 7,700 2,200 3,300 -
F"t NORTH
02-D
t City of Fayetteville
Staff Review Form
City Council Agenda Items � # t/ I'LL
orr wt a( VI
Contracts
2-May-06
City Council Meeting Date
Shannon Jones Engineering Operations
Submitted By Division Department
Action Required:
Approval of a cost-share and bid waiver in the amount of $70,793.00 with a contingency of $10,600.00 with Reserve,
L.L.C. for the upsizing of approximately 3340' of 8" water main to 12".
Water Impact Fee Cost Sharin
$819393.00 $ 424,740.00 Project
Cost of this request Category/Project Budget Program Category / Project Name
Water and Sewer Improvements
5400.5600.5808.00 $ 19,202.00
Account Number Funds Used to Date Program / Project Category Name
Water and Sewer Fund
02067 $ 405,538.00
Project Number Remaining Balance Fund Name
Budgeted Item �x Budget Adjustment Attached
Previous Ordinance or Resolution #
ILI: - oG
Deep menntt D rectorDate Original Contract Date:
1 Original Contract Number:
City Attorney
Received in CME�
ffice
� I VJJW
Finance Ad Internal Service Director Dat
Received in Mayor's Office
11) GXf oG
y
Mayor Date
Comments:
M
City Council Meeting of May 2, 2006
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of O
p
erations
From: Ron Petrie, City Engineer Y
Date: April 14, 2006
Subject: Proposed cost-share and bid waiver in the amount of $70,793 .00 with a
contingency of $ 10,600.00 with Reserve, L.L.C. for the.upsizing of
approximately 3340' of 8" water main to 12".
RECOMMENDATION
Staff recommends that the City cost-share with Reserve, L.L.C., the developer, to upsize
approximately 3340 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 as recommended by the Water Master Plan Study.
BACKGROUND
Reserve, L.L.C. is constructing a 117 lot residential subdivision at the intersection of
Persimmon Street and Rupple Road. As a part of this future development, the developer
is required to construct a water main extension to provide water service and fire
protection to the site.
DISCUSSION
There is existing 12" water main along Rupple Road that was extended to the Boys and
Girls Club site. As a part of recent developments, this 12" main has been extended west
along Persimmon to Broyles Road. The proposed development is required to connect to
this main at Rupple Road and extend an 8" main to the east to Betty Jo Drive. This area
is identified on the Water Master plan as a corridor for a portion of a 12" grid between
Highway 16 and Highway 62. It would benefit the City to cost-share with the developer
for the construction of this portion of the planned grid. The City's cost is approximately
38% of the total cost before contingencies. Should the City wait to upgrade the water
main, future costs will be significantly higher.
1
City Council Meeting of May 2, 2006
Construction estimates have been provided to the City for these improvements by the
Crafton, Tull and Associates as follows:
Developer's Share $1129140.00
City's Share $ 709793.00
15% Contingency(City's Share) $ 10.600.00
Total $193,533.00
BUDGET IMPACT
Based upon the information provided by the Budget & Research Division, there is a
remaining balance of $405,538.00 in the Water and Sewer Cost Sharing Account.
The final costs to the City will be based upon actual costs as documented by Reserve,
L.L.C. 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 RESERVE, LLC IN THE AMOUNT
OF $70,793 .00 FOR THE UPSIZING OF APPROXIMATELY 3340
FEET OF 8" WATER MAIN TO 12" WATER MAIN; AND
APPROVING A CONTINGENCY IN THE AMOUNT OF
$ 105600.00.
WHEREAS, the Water Master Plan calls for a 12" water main along Persimmon
Street, where Legacy, LLC is developing a residential subdivision; and,
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 the amount of $70,793 .00 for the upsizing of approximately 340
feet of 8" water main to 12" water main.
Section 2. That the City Council of the City of Fayetteville!Arks � herb approves a
contingency in the amount of $ 10,600.00.
PASSED AND APPROVED this 2"d day of`May, 2006.
PROVED: '
By:
DAN 'D , Mayor
AT19
By:
SO14D <SMITH, City Clerk
Grafton, Tull & Associates, Inc .
901 N. 47th Street, Suite 200, Rogers, AR 72756 479,636.4838 Fax 479.631 .6224 www.craftontull.com
March 24, 2006
Mr. Ron Petrie
City Engineer
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Re: Mountain Ranch, Phase I
Request for Cost Participation for Waterline Upgrade
Dear Mr. Petrie:.
We arewriting on behalf of Reserve, L.L.C. to request participation by the City of
Fayetteville for a section of water line to be constructed with the above
referenced project.
A proposed 12-inch waterline runs east and west along the future route of
Persimmon from Rupple Road to Betty Jo Drive. A 12-inch water line will
contribute to system-wide improvements, but in regards to the referenced project
an 8-inch line is sufficient. The cost to upgrade from an 8-inch to a 12-inch
waterline ;is estimated to be $70,792.40, based on plan quantities and the
contractor's unit prices. A spreadsheet that illustrates the quantities and unit '
prices used to derive the estimated cost is attached to this letter for reference.
Reserve; L. L.C. is requesting that the City compensate. for this cost based on the
system-wide improvements that this waterline will provide. The requested
reimbursement would amount to $70,792.40.
l hope you find this information adequate to evaluate our request; and thank you
in advance for your consideration:
'Very truly yours;
CRAFTON, TULL & ASSOCIATES, INC.
Nathan Young
Project Manager
Attachment
A r c h i t e c t s E n g i In e e r Is & S u r v e y o r Is
SUMMARY OF REIMBURSEMENT
.UPGRADE FROM 8." TO 12"WATERLINE ALONG PERSIMMON
Length (LF) 12" Unit Price 8" Unit Price Unit PriceCost Increase
3340 $49.86 $32.00 $59,652.40
12" Butterfly Valve 8" Gate Valve
Valves EA Unit �Price Unit PriceCost Increase
4 $4,100.00 $1 ,315.00 $111140.00
Notes: REQUESTED REIMBURSEMENT TOTAL: $70,792.40
- Waterline cost includes fittings:
- Based on construction costs.
Clarice Pearman - Ord. 4872 Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 5.8.06 11 :35AM
Subject: Ord. 4872
Ron,
Attached is a copy of the resolution passed by City Council, May 2, 2006 regarding a Reserve, LLC. I
have also attached a copy of the cost-share agreement. I will forward to you one of two original signed
agreements via interoffice mail.
Thanks,
Clarice
CC: Audit
Arkansas Democrat (Gazette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
Ordinance 4872
Was inserted in the Regular Editions:
May 12, 2006 ORDINANCE NO. 4872 I
Publication Charge: $91 . 98 AN ORDINANCE WAIVING THE RE D114GT EMS a e le
OF FORMAL COMPETITIVE BIDDING AND
APPROVING A COST-SHARE AGREEMENT WITH
RESERVE, LLC IN THE AMOUNT OF $70,793A0
FOR THE UPSIZING OF APPROXIMATELY 3340
' FEET OF 8' WATER MAIN TO 12- WATER MAIN; ARKANSAS
AND APPROVING A COMINGENCY IN THE
Subscribed and worn to before me i
AMOUNT OF $70,600.00.
� WMEREAS, the Water Master Plan cells fore 12 water mein along Persimmon Street where
Reserve, LLC is developing a residential subdivision; and,
This ��y of 20 WHEREAS, entering Into a cost-share agreement Win Reserve, LLC and utilizing their engineer
and contractor vall avoid the added cost and unnecessary duplication of effort which would arise
from the fomat competitive bidding Process.
z7 I MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ry //,// / / FAYARKANSAS:'LE, ARKANSAS:'
Nota Public /I^iLT/ W Section 1. That the City Council of the City of Faye"IsAlle. Arkansas hereby fins that such circum-
We
ircum
Warlene D. Wil is stances 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
Notary Public Reserve, LLC In the amount of $70,793.00 for the upsizing of approximately 3340 feet of 8- water
Imein to 12' water main.
State of Arkansas Section 2. That Me City Council of the City of'Fayeneville, Arkansas hereby approves a contingency
In the amount of $10,600.00.
My CommissfgrivEmpiWon Expires >AssEn AND APPROVED INS 2nd day of May. 2W6.
October 18, 2014 APPROVED: ATTEST:
By: By. l
DAN COODY, Ill SONDRA SMITH, City Clerk
**NOTE** Please do not pay from Affidavit.
Invoice will be sent,
RECEIVE
'MAY 13 20DU
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