Loading...
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. vurnnnrrp� ,o��Ft4VTR�''•, PASSED AND APPROVED this 15`h day of August, 2006. • �SY ' •SG' G APPROVE : ATTEST: cr � •fir ; FAYETIEVILLE • w:�KANSPo By By: K �1d4 /bc �l/ rv` ' "_ 'e°o•; IGTO C 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.