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Home My WebLink AboutOrdinance 4879 F = • ORDINANCE NO, 4879 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A COST-SHARE AGREEMENT WITH BMW INVESTMENTS, LLC IN THE AMOUNT OF $ 14,500.00 FOR THE UPSIZING OF APPROXIMATELY 860 FEET OF 8" WATER MAIN TO 12" WATER MAIN; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $ 1 ,450.00. WHEREAS, the Water Master Plan calls for a 12" water main along Rupple Road, where BMW Investments, LLC is developing a residential subdivision; and, 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 the amount of$ 14,500.00 for the upsizing of approximately 860 feet of 8" water main to 12" water main. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves It contingency in the amount of $ 1 ,450.00. PASSED AND APPROVED this 6`h day of June, 2006. APPROVE ATTEST: ; FAYETTEVILLE ; , ems: •� 5 A14 By:_ Jam. BY By: 'JG uDm�•Go�`,`• DAN COODY, Mayor S NDRA SMITH, City Clerk a CONTRACTUAL AGREEMENT � cG This Agreement, made and entered into this ..1 v✓E D o26006 , 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, BMW Investments, LLC 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 BMW Investments, 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 Rupple Road. B. Pay a maximum-not-to-exceed cost of $ 15,950.00 for the afore mentioned water main construction as was provided by H2 Engineering 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. 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 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 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 $ 15 ,950.00 for the water main upgrade. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE BMW Investments, LLC By 4By, —� DAN COODY, Mayor City of Fayetteville 497 Staff Review Form City Council Agenda Items uV /N� or I Contracts 6-Jun-06 City Council Meeting Date Ron Petrie Engineering Operations Submitted By Division Department Action Required: Approval of a cost-share and bid waiver in the amount of $14,500 with a contingency in the amount of $1 ,450 with BMW Investments, LLC for the upsizing of approximately 860 feet of 8" water main to 12'. Water and Sewer $153950.00 $4245740.00 Cost Sharing Cost of this request Category/Project Budget Program Category / Project Name . 5400.5600.5808.00 $19,202.00 Water 8 Sewe Account Number Funds Used to Date Program / Project Category Name 02067 $4059538.00 Sales Tax Project Number Remaining Balance Fund Name Budgeted Item OX Budget Adjustment Attached r Previous Ordinance or Resolution # Department irec or Date �o Original Contract Date: '7DL / I /] �� Original Contract Number: t'l�� .5 2� o City Attorney Received in C` U10—Office S ft/ Finance and Internal Service Dire r D— Received in Mayor's Office EBTEREII /06 ,91a6 Mayor Date Comments: City Council Meeting of June 6, 2006 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Ron Petrie, City Engineer V✓ ' Date: May 12, 2006 Subject: Proposed cost-share and bid waiver in the amount of $ 14,500.00 with a contingency of $ 1 ,450.00 with BMW Investments, LLC for the upsizing of approximately 860' of 8" water main to 12 ". RECOMMENDATION Staff recommends that the City cost-share with BMW Investments, LLC the developer, to upsize approximately 860 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 BMW Investments, LLC is constructing a 256 lot residential subdivision in the vicinity of where Clabber Creek crosses Rupple Road north of Mount Comfort Road. As a part of this 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 Mount Comfort Road that extends to the east side of Rupple Road. An 8" main extends to the north along Rupple Road to the south side of Clabber Creek. The proposed development is required to connect to this main and extend it further north along Rupple Road across Clabber Creek. It would benefit the City to cost-share with the developer for the construction of this portion of the water line to install a 12" main across Clabber Creek, thus reducing the impact of construction within the creek in the future. The City's cost is approximately 31 % 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 June 6, 2006 Construction estimates have been provided to the City for these improvements by the H2 Engineering as follows: Developer's Share $ 32,240.00 City's Share $ 14,500.00 10% Contingency(City's Share) $ 11450.00 Total $ 48,190.00 BUDGETIMPACT 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 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 THE AMOUNT OF $ 14,500.00 FOR THE UPSIZING OF APPROXIMATELY 860 FEET OF 8" WATER MAIN TO 12" WATER MAIN; AND APPROVING A CONTINGENCY IN THE AMOUNT OF $ 1 ,450.00. WHEREAS, the Water Master Plan calls for a 12" water main along Rupple Road, where BMW Investments, LLC is developing a residential subdivision; and, 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, Arkans� hereby in h tluch circumstances constitute an exceptional situation where competitive bidding is not feasible or practical; and waive slhe requirements of formal competitive bidding to approve a cost-share agreement & BMW Inve�tments;LLC in the arnount of $ 14,500.00 for the upsizing of approximately 860 feet of 8" water main t 12' water main:;; (� v Section 2. That the City Council of the Ci of Faye e ille, A kansas herapproves a cnfingency in the amount of $1 ,450.00. t� PASSED AND P OV D his 6' 'day of Jun , 2006. AP�OVED: ATTES By x By jb'A!N COOD'YfMayoi SONDRA SMITH, City Clerk 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, BMW Investments, LLC 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 BMW Investments, 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 Rupple Road. B. Pay a maximum-not-to-exceed cost of $ 15,950.00 for the afore mentioned water main construction as was provided by H2 Engineering 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 famished by H2 Engineering. 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 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 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 $ 15,950.00 for the water main upgrade. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE BMW Investments, LLC By: By: DAN COODY, Mayor Clarice Pearman - Ord. 4879 Page 1 From: Clarice Pearman To: Petrie, Ron Date: 6.15.06 4: 14PM Subject: Ord. 4879 Ron, Attached is a copy of the above ordinance passed by City Council, June 6, 2006. 1 have also attached the signed agreement with BMW Investment. Thank you for getting the agreement signed in advance. Have a good day. Thanks. Clarice CC: Audit ,` Clarice Pearman - Ord. 4879 Page 1 From: Clarice Pearman To: Petrie, Ron Date: 6. 15.06 4: 19PM Subject: Ord. 4879 P.S. I am forwarding to you two of three originals via interoffice mail. Thanks. Arkansas Democrat IV Oaxette i i Northwest Arkansas Times w Benton County Daily Record P . O. BOX 1607 FAYETTEVILLE , AR 72702 PHONE : 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Elizabeth Wax, 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 4879 Was inserted in the Regular Editions: June 21 , 2006 Publication Charge: $91 . 98 Subscribed answorn to before me �/ _ - ORDINANCE NO. CBTB Thi day 2 6. AN ORDINANCE WAIVING TIE REOUIRLTAEN S a e ev le' OF FORMAL COMPETITIVE BIDDINGAND yAPPROVING A COSTSHARE AGREEMENT WITHUf BMW INVESTMENB, LLC IN THE AMOUNT OF$14,500.00 : FOR THE UPSIZING OF APPROX . ARKANSAS MATELY 860 FEET OF 8• WATER MAIN TO 12• WATENotary PublicAlc�d I GENCY IN THE AMOUNT OF $1450.00,MAIN; AND -APPROVING A CORTIN- ! WHEREAS, the Water Master Plan calls for a 12• water.main along Rupple Road, where BMW , Sharlene D. Williams Investments, LLC is deveoping a residential subdivision: and. WHEREAS, entering into a cost-share agreement with BMP! Investments, LLC and utilizing then Notary Public engineer and contractor will avoid the added cost and unnecessary duplication M effort which My CommisgjWWWMsas would arise from the formal competitive bidding process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF My Commission Expires FAYETTEVILLE, ARKANSAS: October 18, 2014 Sae,iar". Thal ththe City Council of the City of Fayetteville, Arkansas hereby finds that such cir- cumstancesconstiluteenezceplionalsitualionwherecompelitivebiddingisnolfea5ibla or prectF f NNNOTENH Please do not pay from AMv�I, ancl waives t eroc ftements of formal competitive bidding to approve a cos'-share agreement wah BMW Investments. LLC In the amount of 514,500.00 for the upsizing of approximately 860 feet of 8' water main to 12• water main. Invoice will be sent. S.e`Uon E. That the City Council of the City of Fayetteville, Arkansas hereby approves a contin- gency In the amount of $1,450.00. PASSED AND APPROVED this 6th day of April, 2008, APPROVED: By: DAN COODY, Mayor i ATTEST: By: SONDRA SMITH. City Clerk RECEIVED JUN 2 3 2M CITY CLERKS OFFICE