HomeMy WebLinkAboutOrdinance 4991 ORDINANCE NO.4991
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE WITH SEVEN HILLS HOMELESS CENTER, INC. IN AN
AMOUNT NOT TO EXCEED $56,000.00 TO UPGRADE A
PRIVATE DRIVE TO CITY STREET STANDARDS; AND
APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF
$569000.00.
WHEREAS, Seven Hills Homeless Center, Inc. is required to construct a private drive
through the site it is currently developing; and,
WHEREAS, the City of Fayetteville needs a city street to provide public access to the eight-
acre Habitat for Humanity development located directly to the south of the Seven Hill site; and,
WHEREAS, entering into a cost-share agreement with Seven Hills Homeless Center, Inc.
and utilizing their engineer and contractor to upgrade a private drive to city street standards 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
Seven Hills Homeless Center, Inc. in an amount not to exceed $56,000.00 to upgrade a private drive
to city street standards.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment in the amount of $56,000.00. . `
PASSED AND APPROVED this 6th day of March , 2007 . ``p%` �RWTR�Sr,,
APPROVED: ATTEST: ���'.•G\SY Oc . G�%
n , FAYETTEVILLE ;
By: By:
DAN OODY, Mayor SON RA E. SMITH, City Cle reasuref,9s'9Rfg o ego Jam'
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CONTRACTUAL AGREEMENT
This Agreement, made and entered into this MWO h y o�& 7, by and between the City
of Fayetteville, Arkansas and Seven Hills Homeless Center, Inc., Witnesseth:
WHEREAS, Seven Hills Homeless Center, Inc. is constructing a transitional housing
project on 15°i Street; and
WHEREAS, Seven Hills Homeless Center, Inc. will be extending an 20' wide private
drive through the project to provide access to the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade this private drive to meet
City street standards to provide public access to the remainder of the site.
NOW, THEREFORE, the City of Fayetteville and Seven Hills Homeless Center, Inc.
agree as follows:
1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the City
of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the
upgrading the private drive to City street standards.
B. Pay a maximum-not-to-exceed cost of $56,000.00 for the afore mentioned
street construction as was provided by McClelland Engineering, the
project engineer, 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 Seven Hills Homeless Center, Inc.
within thirty (30) days after receipt of the invoice(s) but cannot guarantee
the thirty day schedule.
2. Seven Hills Homeless Center, Inc. agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable street 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 street
construction.
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3 . It is further understood that the contract for construction is between Seven Hills
Homeless Center, Inc. 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
$55,599. 71 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Seven Hills Homeless Center, Inc.
By: zim By: Y024IAu�
DAN COODY, Mayor
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City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
2007 Division:
Program:
Project or Item Added/Increased: Project or Item Deleted/Reduced:
$55,600 is requested in the Street Row / Intersection / $55,600 from the Kings Drive Improvements project.
Cost Sharing project.
Justification of this Increase: Justification of this Decrease:
Additional funds are needed in this account to cover a Kings Dr. proj. #05030 has been bid, is underconstruction,
cost share with Seven Hills Homeless Center, Inc. and has a contingency in the approved funding. The
excess funds in the account are not necessary for
completion.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 55,600 02116 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Professional services 4470 9470 5314 00 55,600 05030 1
igna res / Budget Office Use Only
7; _ /(e Type: A B C D E
�R\7 nesss�teedd By L/ �Dat�e(��
'Budget Manager Date Posted to General Ledger
Initial Date
Department Director DatePosted to Project Accounting
23 -07 Initial Date
Finance & Intern ervices Director Dale Entered in Category Log
Initial Date
_j j 8
Mayor Date
d R.D
31 & 101
City of Fayetteville �q
Staff Review Form
City Council Agenda Items t 1116
or
Contracts f I" jZSS W^ CY
6-Mar-07 �p ►Y�G Y
City Council Meeting Date
Matt Casey Engineering Operations
Submitted By Division Department
Action Required:
Approval of a cost-share,bid waiver and budget adjustment in the amount of $56,000.00 with Seven Hills Homeless
Center, Inc. for the upgrading of a private drive to city street standards.
Street/ROW/Intersection
$569000.00 $ 37,000.00 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 86.00 Street Improvements
Funds Used to Date Pro ram / Project Category Name
02116 $ 36,914.00
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached �X
2 , I Previous Ordinance or Resolution #
Dep'grt4ent Dir ctor Date Original Contract Date:
Dr Original Contract Number:
Z�zt e'7
City Attorney
Received in City Clerk' ice' U�
�Qu e .Sl 2 - 21 oy
Finance and Internal Service Director Date
Received in Mayor's Office
m
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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 14, 2007
Subject: Proposed cost-share, bid waiver and budget adjustment in the amount of
$56,000.00 with Seven Hills Homeless Center, Inc. for the upgrading of a
proposed private driveway to public city street standards.
RECOMMENDATION
Staff recommends that the City cost-share with Seven Hills Homeless Center, Inc. the
developer, to upsize approximately 578 feet of a private driveway to meet city street
standards. By participating in the construction of these improvements, the City will have
a public street to serve the Seven Hills project and a connection point for further
development of the Habitat for Humanity project located directly south of this site.
BACKGROUND
Seven Hills Transitional Housing is a facility that will provide 28 transitional program
residents with 12 months of housing along with support services on site. This project is
located on the south side of 15` ' Street between Morningside Drive and Happy Hollow
Road. The City of Fayetteville purchased this property in 2001 as an alternative to
installing extensive drainage improvements that were needed at that time. The City has
leased a portion of the property to Seven Hills for the transitional housing project.
In 2006, the City of Fayetteville sold eight acres of this site to Habitat for Humanity for
the construction of an ecologically friendly affordable housing development. As a part of
this agreement, the City will need to provide public access to this site.
DISCUSSION
As a part of the Seven Hills project, the developer is required to construct a private drive
through the site to provide access and parking for the facility. The proposal is that the
City cost share with Seven Hills to upgrade the proposed private drive to meet City street
standards and thus provide the necessary public access to the eight acre site that was sold
to Habitat for Humanity.
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 $ 16,006.61
City's Share $ 559599.71
Total $ 71 ,606.32
BUDGETIMPACT
A budget adjustment is attached to transfer the necessary funds from the Kings Drive
Reconstruction project to the Street Cost Sharing project.
The final costs to the City will be based upon actual costs as documented by Seven Hills
Homeless Center, 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 SEVEN
HILLS HOMELESS CENTER, INC. IN AN AMOUNT NOT TO EXCEED
$56,000.00 TO UPGRADE A PRIVATE DRIVE TO CITY STREET
STANDARDS; AND APPROVING A BUDGET ADJUSTMENT IN THE
AMOUNT OF $56,000.00.
WHEREAS, Seven Hills Homeless Center, Inc. is required to construct a private drive through the site it is
currently developing; and, .�l�
WHEREAS, the City of Fayetteville needs a city street to provide public access to the eight-acref6 bitat for
Humanity development located directly to the south of the Seven Hill site; and, ..��1,,
WHEREAS, entering into a cost-share agreement with Seven Hills Homele ss`"Centar, Inc. and utilizing their
engineer and contractor to upgrade a private drive to city street standards ill va-jd 1bcUAed cost anfi unnecessary
duplication of effort which would arise from the formal competitive biddin process.
NOW, THEREFORE, BE IT ORDAINED B THE CIT CsOU C L OF H CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Co cilof e City of a. a vie, Arkansas hereby finds that- ch rrcumstances
constitute an exceptional situatio�h cofnpetitive biddin isnot feasible or pra tical, and waives�the requirements of
formal competitive bidding to app oe a cost=sure with Stevenlls}3omeless`,Cutter, Inc. in an amount not to exceed
$56,000.00 to tp ade a privatJC9,e tocity`ktreet stan�6'ard9 �/,/�
Section 2. Th t th Ciu c` itof the City o`fFayettevi[)e,�nrKansas hereby approves a budget adjustment in
the amounof $56,000.�0�
PSSED and APPROVED th16ayldoMarch, 2007.
QLi
APPROVED: ATTEST:
By: By:
D '�N GUODY, Mayor SONDRA SMITH, City Clerk/Treasurer
r
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this by and between the City
of Fayetteville, Arkansas and Seven Hills Homeless Center, Inc., Witnesseth:
WHEREAS, Seven Hills Homeless Center, Inc. is constructing a transitional housing
project on 15`h Street; and
WHEREAS, Seven Hills Homeless Center, Inc. will be extending an 20' wide private
drive through the project to provide access to the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade this private drive to meet
City street standards to provide public access to the remainder of the site.
NOW, THEREFORE, the City of Fayetteville and Seven Hills Homeless Center, Inc.
agree as follows:
1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the City
of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the
upgrading the private drive to City street standards.
B. Pay a maximum-not-to-exceed cost of $56,000.00 for the afore mentioned
street construction as was provided by McClelland Engineering, the
project engineer, 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 Seven Hills Homeless Center, Inc.
within thirty (30) days after receipt of the invoice(s) but cannot guarantee
the thirty day schedule.
2 . Seven Hills Homeless Center, Inc. agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable street 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 street
construction.
3 . It is further understood that the contract for construction is between Seven Hills
Homeless Center, Inc. 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
$55,599.71 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Seven Hills Homeless Center, Inc.
By: By:
DAN COODY, Mayor
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