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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 $57,482.00 for the water main upgrade. ' IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE SCM, LLC By: By. DAN COODY, Mayor W E 5 . •• I I A In in T BE JL - - fiIN 1%A RI n IEX. tu 22 _ THRUST LCKin --- j - j 2-8' K 2 REDUCIE S B EXE IL"SH ET) ,. I I ,« • 2- ''G VACV S � 2• �WTR.' F- -i 'fl RFLY«VAL I TALL I- ' 1LZ BEND J I II — • r R I ' UTTERFLY a 1 I-II• GATE C^9 I I ' L — K. in TA4L 'SS L, , J e �_ - -•—_ / ` _— •D TAIL HEET) 117 � a;,•I� ILI2J ^ I _ I 1 ES � I —'-2-12' YES: � '\ `, •� Ti _ in 174 lY rr$' ',GA ALVES°, I r; i 1 BUYYERFF I I in in ; OF IW I I ----1 _ , f-----� r-----, I , j � I 11 •__ m I � � « I I . I _ ! ! 1 r 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 DATE: 13DEC06 DLJ J.-SMl?0050J01C08&fST0 f COBBLESTONE SUBDIVISION .I2 " WATERLINE COST SHARE i PPL06-1940 COBBLESTONE CROSSING One Mile Vew 4� � � � '�!' u`` �x � f`� 3c..� W�S� L 5i {jt '��. r''?y�4u'..,Y 1}� _ �'��a �.F��K � * � >s � ,r �.>:• r� � f � '�,�-k '+'�`?_ •{ r a ;.f /'�'� � o -'{riC�`J� IIyL�� q.M�y'4+p'`ra ' .fir��g� '..�- bY't, F � .'� rs�s �r� ''-N �< n . .�^� :' h Y r xg• 11° Y� <iTt.�'`"r`d V �'<� l � Lt�� Ye•v- 4 -� s � �`# `i. � Y' $ r k <"Y � Y.4\y. 11N' .l •}.'�ao•('L rC "ti. '� e: ' i�Jl- x 2 kms- - -`1 s Y '} �,"� - `�i ��✓-;xt �x�.fi•- ��i +> , 'C w wz m �'�f : � � '� of x. 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Overview Legend Boundary Subject Property - -- _ �1.i Pla"dR9 Area _ PPL06-19Q �000g - o°000$ 0°enay Oisblct - Legend 0 0. 128.25 0. 5 0. 75 1 March 13, 06 ' Planning Commis ion 1940 (Cobblestone Cro ng) d it7 Page 18 of 18 P -1940 PLOCOBBLESTONE CROSSING Up View x'�'t t y fir.. 3 S hE 't'`}•j' xezt 1 t a 1 t s - s t t V St aLF+rp�3i4 t ti 1 [. t si' ti;� �� �a ♦ K �} v`� y� '�yc, .r d i r UBJECT P ic- &"� tr��-flhv' set yi n �T6tl}�yryy�p� - S -yf`is.#rS.GfT4 ` � h`$F.t � �� �� RE?•"-4 B^®® 6Mggam� gb will 141111 ® o ® ' p$F4 pop low agimes is dR u 2 Ir o� It . GEEK . EP IEA wy �Vgiw � lolE[ �'m F Legend 49000qq ®0e0d'Owvd� Di — FLOOOWAY — 500Y1:Wi — 100 YEAR --- LIMr OFST Y _ _ _ Baseline i"Ne O Fayetteville 0l city rota-lveo I vnYa.GOe.FoOpxie_NIW , March 13, 200 - 0 175 350 700 1.050 1.400 Planning Commissio PL 06-1940 (Cobblestone Crossing -r Feel Agenda Item