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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 $81 ,392.40 for the water main upgrade. y� IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE RESERVE, L.L By: / By: DAN COODY, Mayor TWVFTERMINELLA, Manager .. .� 1 r �" rYyr I { - • i i !err yr . r { i � �ODRIDR•^ 1� *04 x' 11 d"d � 1 lip � r ■ rrr urr•No •r E8S6 dN3uu r r raBl� 6Y1'$i: i. ■ er•v •r l r•o•r ^ . ■ I ■ IF LwdN1hDFOriE ' : rr■ •■• ! t . + N • ^r �r rr� wr � ■ URESol ♦ ■ O OMF#,EMN R ... 1 i —� — U " � E Q..•a ■ . ^ 1 ■ ■ ■ s 1 , rq ryr■ rrr• / low •t1I i' i Ian r 1 1 .:a• _ _ el •RAii RIQI(f� .••.. 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II � PERSIMMO •ST ; ; � �M GqLEEK O� 1 ' 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 QV