HomeMy WebLinkAboutOrdinance 4990 ORDINANCE NO. 4990
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE AGREEMENT WITH SCM, LLC IN THE AMOUNT OF
$57,482.00 FOR THE UPSMING OF APPROXIMATELY 1493 ' OF
8" WATER MAIN TO 12" WATER MAIN.
WHEREAS, the City of Fayetteville's Water Master Plan calls for a portion of the 12" Water
Main Grid to run in the area near the residential development that SCM, LLC is currently developing
east of Salem Road; and,
WHEREAS, entering into a cost-share agreement with SCM, 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
SCM, LLC in the amount of$57,482.00 for the upsizing of approximately 1493 ' of 8" water main to
12" water main.
� qnann,� S
PASSED and APPROVED this 61h day of March, 2007. \ZY
rte ° G
APPROVED: ATTEST: = ; FAYETTEVILLE ;
��s°9°haNSPc�
By:_ BY: 2�=
�`
� , .G � �u�a�`��•
DAN COODY, Mayor SONDRA E, SMITH, City Clerk/Treasurer .
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this 1),y `j V , oW 7 by and between the City
of Fayetteville, Arkansas and SCM, LLC, Witnesseth:
WHEREAS, SCM, LLC is constructing a 194 lot residential subdivision east of Salem
Road; and
WHEREAS, SCM, 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 SCM, 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 Ica Lane.
B. Pay a maximum-not-to-exceed cost of $57,482.00 for the afore mentioned
water, main construction as was provided by Fayette Tree and Trench, the
contractor, 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 the contractor. 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 SCM, LLC within thirty (30) days
after receipt of the invoice(s) but cannot guarantee the thirty day schedule.
2. SCM, 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.
3 . It is further understood that the contract for construction is between SCM, 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 $57,482.00 for the water
main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE SCM; LLC
By: By:
DAN COODY, Mayor
y City of Fayetteville y9��
Staff Review Form
City Council Agenda Items
or
Contracts
6-Mar-07
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 $57,482.00 with SCM, LLC for the upsizing of
approximately 1493' of 8" water main to 12".
Water and Sewer
$57,482.00 $ 622,511 .07 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
5400.5600.5808.00 $ 1709595.35 1 Water and Sewer Improvements
Funds Used to Date Program / Project Category Name
02067 $ 451 ,915.72
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
. Previous Ordinance or Resolution #
Depa ent Dir ctor ate Original Contract Date:
rOriginal Contract Number:
LZ I Lo 7
City Attorney
p R p Received in City CI, QY)ff fcde
Finance and Internal Service Director Date
Received in Mayor's Office U
Mayor Date
Comments:
City Council Meeting of March 6, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: February 8, 2007
Subject: Proposed cost-share and bid waiver in the amount of $57,482.00 with SCM,
LLC for the upsizing of approximately 1493 ' of 8" water main to 12 ".
RECOMMENDATION
Staff recommends that the City cost-share with SCM, LLC, the developer, to upsize
approximately 1 ,493 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
SCM, LLC is constructing a 194 lot residential subdivision east of Salem 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 an existing 12" water main along Ika Lane in the adjacent Rockhaven
Subdivision. In 2006 the City Council approved a cost share for the upgrade of this
portion of waterline to 12". The proposed development is required to connect to this 12"
main and extend a water main to serve the subdivision. It would benefit the City to cost-
share with the developer to continue the construction of the 12" main along Ika Lane.
This will continue a 12" water line grid that will serve customers in this area. The City' s
cost is approximately 47% of the total cost. Should the City wait to upgrade the water
main, future costs will be significantly higher.
1
City Council Meeting of March 6, 2007
Construction costs have been provided to the City for these improvements by the
contractor as follows:
Developer's Share $ 64,230.25
Citv's Share $ 57,482,00
Total $121,712.25
BUDGET IMPACT
Based upon the information provided by the Budget & Research Division, there is a
remaining balance of $451 ,915 .72 in the Water and Sewer Cost Sharing Account.
The final costs to the City will be based upon actual costs as documented by SCM, 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 SCM, LLC IN THE AMOUNT OF $575482.00 FOR THE UPSIZING OF
APPROXIMATELY 1493 ' OF 8" WATER MAIN TO 12" WATER MAIN.
WHEREAS, the City ofFayetteville's Water Master Plan calls for a portion of the 12" Water in _ri to run
in the area near the residential development that SCM, LLC is currently developing east of Salem oa end,
WHEREAS, entering into a cost-share agreement with SCM, LLC and utilizin th trengin er ind contractor
to extend the 12" Water Main will avoid the added cost and unnecessary duplicatn feffoichwoul arise from the
formal competitive bidding process.
NOW, THEREFORE, BE IT ORDAINED IN THE CITY + OUNO OF TH CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council o the City ofF��aye Seville, Arkansa <t�ereby finds that sAcircumstances
constitute an exceptional situalio�t where tompetitidelbiddm is not feasible or practical, and waives the
requirements of formal comp titive biddi g to approvta c st--share with SCM, LLC in the amount of$57,482.00
for the upsizing-of I.
a�proximat ly 1493 ' of " water maam,t,to I�2 'water main.
<R1%"CZSEDandPROE6th day of arch, 2007
APPROVED: EST:
By: By:
DeyN 'COOD !Ix�ayor SONDRA SMITH, City Clerk/Treasurer
E
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this by and between the City
of Fayetteville, Arkansas and SCM, LLC, Witnesseth :
WHEREAS, SCM, LLC is constructing a 194 lot residential subdivision east of Salem
Road; and
WHEREAS, SCM, 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 SCM, 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 ]ka Lane.
B. Pay a maximum-not-to-exceed cost of $57,482.00 for the afore mentioned
water main construction as was provided by Fayette Tree and Trench, the
contractor, 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 the contractor. 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 SCM, LLC within thirty (30) days
after receipt of the invoice(s) but cannot guarantee the thirty day schedule.
2 . SCM, 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.
3 . It is further understood that the contract for construction is between SCM, 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 $57,482.00 for the water
main upgrade.
' IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE SCM, LLC
By: By.
DAN COODY, Mayor
W E
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JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST S[ROBRRX:E, SIIITES • FAYEITEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX(479)5924807
SCALE: 1'=200' DATE REVISED CHECKED BY: DRAWN BY: BJR
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