HomeMy WebLinkAboutOrdinance 4911 ORDINANCE NO. 4911
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE WITH ZION PLACE, LLC IN THE AMOUNT OF
$ 1285435 .00 FOR OFFSITE DRAINAGE IMPROVEMENTS
ASSOCIATED WITH ZION GARDENS.
WHEREAS, the City of Fayetteville has responded to frequent drainage complaints near the
Residential Planned Zoning District that Zion Place, LLC is currently developing; and,
WHEREAS, entering into a cost-share agreement with Zion Place, LLC and utilizing their
engineer and contractor to construct the needed drainage improvements 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
Zion Place, LLC in the amount of$ 128,435.00 for offsite drainage improvements associated with the
Zion Gardens Development.
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PASSED AND APPROVED this 15`h day of August, 2006. • �SY ' •SG'
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APPROVE : ATTEST:
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; FAYETIEVILLE •
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By By: K �1d4 /bc �l/ rv` ' "_ 'e°o•; IGTO
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DA OODY, Mayor 'SONDRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this 5 / o2(" , by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, Witnesseth:
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place: and
WHEREAS, The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, ii would benefit the City of Fayetteville to in prove this culvert and to
protect these propertip.3 from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to two 42" pipe culverts and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435 .00for the afore mentioned
drainage construction as was provided by 132 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
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 Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain 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 storm drain
construction.
3 . It is further understood that the contract for construction is between Zion Place,
LLC and their Contractor & Engineer and that the City of Fayetteville 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 $ 128,435.00 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY ZTTEVILLE Zion Place, LLC
By. 7 By
DAN COODY, ayor �� W �0�� 2
ATTEST:
By:
City Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this IS 1 ' OCA by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, 'Witnesseth :
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place: and
WHEREAS, The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, it would benefit the City of Fayetteville to ipiprove this Pulvert and to
protect these properties from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to two 42" pipe culverts and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435.00for the afore mentioned
drainage construction as was provided by 142 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
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 Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain 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 storm drain
construction.
3 . It is further understood that the contract for construction is between Zion Place,
LLC and their Contractor & Engineer and that the City of Fayetteville 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 $ 128,435.00 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Zion Place, LLC
By: Al By: / V
DAN C ODY, Mayor
ATTEST:
By:
City Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this k5 I a000o , by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, Witnesseth:
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place: and
WHEREAS,The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, ii would benefit the City of Fayetteville to improve this culvert and to
protect these properties from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to two 42" pipe culverts and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435.00for the afore mentioned
drainage construction as was provided by H2 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
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 Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain 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 storm drain
construction.
3 . It is further understood that the contract for construction is between Zion Place,
LLC and their Contractor & Engineer and that the City of Fayetteville 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 $ 128,435 .00 for the storm drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Zion Place, LLC
By:
DAN COODY, Mayor �---
I � E12
ATTEST:
P
By:
City C erk
City of Fayetteville /O G
Staff Review Form 2 `�^ No-ce"
City Council Agenda Items
or
Contracts
15-Aug-06
City Council Meeting Date
Matt Casey Engineering Operations
Submitted By Division Department
Action Required:
Approval of a cost-share and bid waiver in the amount of $128,435.00 with Zion Place, LLC for offsite drainage
improvements associated with the Zion Gardens development.
Bridge and Drainage
$128,435.00 $ 524, 135.00 Improvements -
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5817.00 $ - Other Drainage Improvements
Funds Used to Date Program / Project Category Name
02108 $ 5241135.00
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Depa ment Di c Date Original Contract Date:
Original Contract Number:
City Attorney
Received in City Clerk's Office
Finance nd Internal Service Dire for D
Received in Mayor's Office VrENTPEI
Mayorr 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, P.E., City Engineer
Date: July 20, 2006
Subject: Proposed Cost Share and bid waiver in the amount of $ 128,435 .00 with Zion
Place, LLC. for drainage improvements downstream of the Zion Gardens
development.
RECOMMENDATION
Staff recommends that the City cost-share with Zion Place, LLC, the developer, to extend
the downstream drainage improvements associated with the Zion Gardens development.
BACKGROUND
The developer is constructing a 95 unit townhouse development on the north side of Zion
Road. On August 22, 2005 the Planning Commission forwarded the PZD for Zion
Gardens to the City Council with a recommendation for approval. The City Council
approved the PZD at the September 20, 2005 meeting.
DISCUSSION
The developer currently has the townhouse development under construction. As a part of
the development, they are required to up-size the drainage culvert under Randal and
extend a concrete swale to the north to provide adequate drainage for the development.
The existing culvert under Randal is undersized and the drainage flows across the
adjacent properties to the north causing erosion through their yards. City staff has
received drainage complaints in the past due to this problem.
Staff recommends that the City cost-share with the developer to extend the proposed
pipes across the property on the north side of Randall. The City would be responsible for
the additional cost to change from the proposed channel to the 42" pipe. It is also
recommended that the improvements be extended across the next property to the north to
take the water to the Lake Fayetteville property. The City would be responsible for the
cost of extending the channel across this property. By participating in these
improvements, the City will be solving a drainage problem in this area.
I
City Council Meeting of August 15, 2006
Construction costs have been provided to the City for these improvements by H2
Engineering. as follows:
Developer's Share $ 729623.00
City's Share for John Lea Property $ 94,897.50
City's Share for Greg Lee Property $ 334537.50
Total $ 2015058.00
BUDGETIMPACT
The funds for this drainage cost-share project will come from "Other Drainage
Improvements" project in the Bridge and Drainage Improvements fund. There is
currently $524, 135.00 in this project.
The final costs to the City will be based upon actual costs as documented by Zion Place,
LLC Inc 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 WITH
ZION PLACE, LLC IN THE AMOUNT OF $ 1285435.00 FOR OFFSITE
DRAINAGE IMPROVEMENTS ASSOCIATED WITH ZION GARDENS.
WHEREAS, the City of Fayetteville has responded to frequent drainage complaints near the
Residential Planned Zoning District that Zion Place, LLC is currently developing; and,
WHEREAS, entering into a cost-share agreement with Zion Place, LLC and utilizing their engineer
and contractor to construct the needed drainage improvements 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�t 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 withfZionPlace, LLC in the
�:, .d Fy r
amount of $128,435 .00 for offsite drainage improvements associated with-the Zion 'Gardens Dtevelopment.
PASSED AND APPROVED this 15a' day of August, 2006.
APPROVED: ATT SIdMML .
By: y.
DAN COODY, Mayor SOlG.D SMItH,b.G,ity Clerk
CONTRACTUAL AGREEMENT
This Agreement made and entered into this by and between the City
of Fayetteville, Arkansas and Zion Place, LLC, Witnesseth:
WHEREAS, Zion Place, LLC, will hire a contractor to construct Zion Gardens
Subdivision; and
WHEREAS, The proposed subdivision discharges storm water into a culvert that flows
under Randal Place; and
WHEREAS, The culvert under Randal Place is undersized and has cause flooding and
erosion on the adjacent properties; and
WHEREAS, it would benefit the City of Fayetteville to improve this culvert and to
protect these properties from flood damage; and
NOW, THEREFORE, the City of Fayetteville and Zion Place, LLC agree as follows:
1 . Upon the City Council approving the Drainage Cost-Share, the City of
Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for changing
the proposed drainage channel to a 42" pipe culvert and extending the
channel across the Greg Lee property
B. Pay a maximum-not-to-exceed cost of $ 128,435 .00for the afore mentioned
drainage construction as was provided by H2 Engineering, and made a
part of this agreement.
C. Reconsider the costs if the future and actual construction & inspection
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 Zion Place, LLC within thirty (30)
days after receipt of the invoice(s) but cannot guarantee the thirty day
schedule.
2. Zion Place, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable storm drain installation.