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HomeMy WebLinkAboutOrdinance 4910 ORDINANCE NO. 4910 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A COST- SHARE WITH THE HAMPTONS, LLC IN THE AMOUNT OF $49,243 .00 FOR THE UPSIZING OF APPROXIMATELY 1870' OF 8" WATER MAIN TO 12" WATER MAIN ; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $2,462.00. i WHEREAS, the City of Fayetteville's Water Master Plan calls for a portion of the 12" Water Main Grid to run along Black CanyodRoad; near the residential development that The Hamptons, LLC is currently developing; and, WHEREAS, entering into a cost-share agreement with The Hamptons, 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 The Hamptons, LLC in the amount of $49,243 .00 for the upsizing of approximately 1870' of 8" 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 $2,462.00. •�FRK8, 0( 11* . S PASSED AND APPROVED this 15"' day of August, 2006. �G,•0.�S Y OF ,GP jFAYETTEVILLE : APPROVED: ATTEST: a3 �C a 9Sy RKM4 ,UJ By: By: Qt�t-off AML.W-' DAN COODY, Mayo SONDRA SMITH, City Clerk RECEIVED - NORTHSTAR AUG 28 200TRANSMITTAL LETTER ENGINEERING CONSULTANTS , INc . ENGINEERING DIV. 207SouthMain Street, Bentonville, Arkansas 72712 Phone: (479) 271 -0906, Fax (479) 271 -8144 Email nseng@swbell.net To: Mr. Matt Casey, P.E. Date: August 24, 2006 Project No.: 455-001 Staff Engineer Project: Hamptons Subdivision, Fayetteville, Arkansas City of Fayetteville Subject: Signed Water Line Upgrade Contractual Agreement 125 W. Mountain Fayetteville, AR 72701 Method Of Transmittal Faxed Hand Delivered I I Mail X Fed-Ex Required Action(s) For Approval Approved For Payment Returned For Corrections For Your Use A roved As Submitted For Signature As Regnested App roved As Noted Review & Comments For Bid The Following Is Submitted Date No. Of Copies Description 3 Hamptons Subdivision, Fayetteville, Arkansas Signed Water Line Upgrade Contractual Agreement Please call me at 479-271 -0906 if you have any questions or need additional information. Best Regards, CC: File (455-001 ) Jason ngalls, P. E. Project Manager C:\Documents and Settings\necl\Desktop\Transmittals\Hamptons Casey 08-24-06.doc CONTRACTUAL AGREEMENT This Agreement, made and entered into this W gyp, by and between the City of Fayetteville, Arkansas and The Hamptons, LLO, Witnesseth: WHEREAS, The Hamptons, LLC is constructing a 138 lot residential subdivision on the south side of Goff Farm Road; and WHEREAS, The Hamptons, 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 accordance with the water distribution master plan. NOW, THEREFORE, the City of Fayetteville and The Hamptons, 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 Black Canyon Street. B. Pay a maximum-not-to-exceed cost of $51 ,705.00 for the afore mentioned water main construction as was provided by Northstar Engineering Consultants 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 Northstar Engineering Consultants. 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 The Hamptons, LLC within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. The Hamptons, 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 The Hamptons, 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 $51 ,705.00 for the water main upgrade. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE The amptons, By:- A By:- I t DAN COODY, Mayor S / IS/o6 City of Fayetteville Staff Review Form ��osnpha�Si City Council Agenda Items LLC COS* or Shag Contracts 15-Aug-06 City Council Meeting Date Matt Casey Engineering Operations Submitted By Division Department Action Rrquired: Approval of a cost-share and bid waiver in the amount of $51 ,705.00 with The Hamptons, LLC for the upsizing of approximately 1870' of 8" water main to 12'. Water and Seaver $51 ,705.00 $ 424,740.00 Cost Sharing Cost of this request Category/Project Budget Program Category / Project Name 5400.5600.5808.00 $ 77,250.35 Water and Sewer Improvements Funds Used to Date Program / Project Category Name 02067 $ 347,489.65 Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # De^pa menet irector Date Original Contract Date: � Original Contract Number: fW W City Attorney Received in City Clerk's Office Ai� 1196 1. (M Financ d Internal Se vice irec r Received in Mayor's Office � a Mayor Date Comments: City Council Meeting of August 15, 2006 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Ron Petrie, City Engineer Date: July 12, 2006 Subject: Proposed cost-share and bid waiver in the amount of $49,243 .00 with a contingency of $2,462.00 with The Hamptons, LLC for the upsizing of approximately 1 ,870' of 8" water main to 12". RECOMMENDATION Staff recommends that the City cost-share with The Hamptons, LLC the developer, to upsize approximately 1 ,870 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 as recommended by the Water Master Plan Study. BACKGROUND The Hamptons, LLC is constructing a 138 lot residential subdivision on the south side of Goff Farm 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 6" water main along Goff Farm Road. The proposed development is required to connect to this main and extend it to serve the subdivision. It would benefit the City to cost-share with the developer for the construction of a portion of the water line to install a 12" main along Black Canyon Road. This will provide a 12" water line corridor that will serve customers along Hwy. 16 in the future. The City 's cost is approximately 42% 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 August 15, 2006 Construction estimates have been provided to the City for these improvements by Northstar Engineering Consultants as follows: Developer's Share $ 66,916.00 City's Share $ 51,705.00 5% Contingency(City's Share) $ 21462.00 Total $ 121,083.00 BUDGETIMPACT Based upon the information provided by the Budget & Research Division, there is a remaining balance of $389,588.00 in the Water and Sewer Cost Sharing Account. The final costs to the City will be based upon actual costs as documented by The Hamptons, LLC subject to review by the City and may, or may not exceed the submitt id 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 WITH THE HAMPTONS, LLC IN THE AMOUNT OF $49,243.00 FOR THE UPSIZING OF APPROXIMATELY 1870' OF 8" WATER MAIN TO 12" WATER MAIN; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $2,462.00. WHEREAS, the City of Fayetteville's Water MasterPlan calls for a portion of the 12" Water Main Grid to run along Black Canyon Road, near the residential development that The Hamptons, LLC is currently developing; and, WHEREAS, entering into a cost-share agreement with The Hamptons, 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 THHircumstances OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the Cityof Fayetteville, Arkansas hereby<fias thaTsuch constitute an exceptional situation where competitive bidding is notfeasible 4jpjadlical, an , waives the requirements of formal competitive bidding to approve a cost-share wit t IheHamptdtns, LLC in The amount of $49,243.00 for the upsizing of approximately 1870' of 8" water main to 12" iwater�m in. Section 2. That the City Council of the City of Fyeftcville, Arkadsa ,heby approves a vcntingency in the amount of$2,462.00. PASSED AND A is 15 th day ugust, 2006. APPROVED: By: B.y; D41N COODY, 1vlay0 r SONDRA SMITH, City Clerk CONTRACTUAL AGREEMENT This Agreement, made and entered into this by and between the City of Fayetteville, Arkansas and The Hamptons, LLC, Witnesseth: WHEREAS, The Hamptons, LLC is constructing a 138 lot residential subdivision on the south side of Goff Farm Road; and WHEREAS, The Hamptons, 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 accordance with the water distribution master plan. NOW, THEREFORE, the City of Fayetteville and The Hamptons, 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 Black Canyon Street. B. Pay a maximum-not-to-exceed cost of $51 ,705.00 for the afore mentioned water main construction as was provided by Northstar Engineering Consultants 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 fumished by Northstar Engineering Consultants. 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 The Hamptons, LLC within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. The Hamptons, 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 The Hamptons, 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 $51 ,705.00 for the water main upgrade. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE The Hamptons, LLC By: By: DAN COODY, Mayor RECEIVED - NORTHSTAR JUL 0 5 2006 Civil & Environmental Engineering � / Landscape Architecture ENGINEERING ENGINEER . Geological Services ING DIY CONSULTANTS, INC . Land surveying Planning Bentonville, Arkansas Jonesboro, Arkansas June 30, 2006 Mr. Matt Casey, PE Via Fax (479) 575-8316 Staff Engineer Hard Copy to Follow In Mail City of Fayetteville 126 W. Mountain Street Fayetteville, Arkansas 72702 Re: Hamptons Subdivision Cost Difference between 8" and 12" water mains Dear Mr. Casey, The purpose of this letter is to provide you with an estimate of the cost difference between 8" and 12" water mains at Hamptons Subdivision: 1 . Change 8" water mains along Black Canyon Street to 12" mains: 1 .1 : 1 ,870 LF PVC DR-14 water main: 12" @$50.70/LF 8" @$29.30/LF Difference = $21 .40/1-F $403018.00 1 .2: 7 valves: _ = 12" @$1 ,870.00/Each 8" @$1 ,007.00/ Each Difference = $863.00/Each $6,041 .00 1 .3: 4 tees: 12" X 12" X 8" Tee @$770.00/Each 8" X 8" X 8" Tee @$506.00/Each Difference = $264.00/Each $1 ,056.00 \kNwnMsuW055-01\Wcrd\WatwLine Cost ore d 207 South Main Street Phone (479) 271-0906 Bentonville, Arkansas 72712 Fax (479) 271-8144 Email nseng@swbell.net Mr. Matt Casey, PE Staff Engineer City of Fayetteville June 30, 2006 Page 2 of 2 1 .4: 4 Fire Hydrant tees: 12" X 12" X 6" Tee @$700.00/Each 8" X 8" X 6" Tee @$448.00/Each Difference = $252.00/Each $13008.00 1 .5: Mechanical Joint Fittings: 425 Pounds @$5.60/Pound 225 Pounds @$5.60/Pound Difference = 200 Pounds $19120.00 Total Cost $49,243.00 1 am looking forward to discussing the above with you. Please call me at 479-271 -0906 if you have any questions or need additional information. Best Regards, f � kason E Ingalls, PE Project Manager CC: The Hamptons, LLC, Owner File 455-001 mwQ%zuwsca455*1\WorMWpw line Cog Difference 207 South Main Street Phone (479) 271-0906 Bentonville, Arkansas 72712 Fax (479) 271-8144 Email nseng@swbell.net