HomeMy WebLinkAboutOrdinance 5077 ORDINANCE NO. 5077
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH BROYLES COMMERCIAL FUNDING, LLC IN THE
AMOUNT OF $369422.00 FOR THE UPSIZING OF APPROXIMATELY 752'
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 Broyles Commercial Funding, LLC is currently developing
near the intersection of Weir Road and of Salem Road; and,
WHEREAS, entering into a cost-share agreement with Broyles Commercial Funding, 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 Broyles Commercial Funding, LLC in the
amount of $36,422.00 for the upsizing of approximately 752' of 8" water main to 12" water main.
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PASSED and APPROVED this 61h day of November, 2007. ;`c� RWT0c9s'PAO
G\` Y
APPROVE ATTEST: z u
; FAYETTEVILLE
;
By: By ��Tf/�fl • �" ;:<<` �'k1N` P�
DA COODY, ayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this A uMft&r �,; M 7 , by and between the City
of Fayetteville, Arkansas and Broyles Commercial Funding, LLC Witnesseth:
WHEREAS, Broyles Commercial Funding, LLC, is constructing a 105 unit single-family
residential development at the intersection of Weir Road and Salem Road; and
WHEREAS, Broyles Commercial Funding, 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 Broyles Commercial Funding, 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 Weir Road.
B. Pay a maximum-not-to-exceed cost of $36,422.00 for the afore mentioned
water main construction as was provided by the developer's 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 firrnished 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 Broyles Commercial Funding, LLC
within thirty (30) days after receipt of the invoice(s) but cannot guarantee
the thirty day schedule.
2. Broyles Commercial Funding, 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 Broyles
Commercial Funding, 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 $36,422.00 for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDMONS ABOVE, WE
SIGN BELOW:
CITY OF:TTF�LL Broyles Commerci Fun g, LLC
By: !ten /// By:
DAN COODY, Mayor
City of Fayetteville
Staff Review Form
City Council Agenda Items `
or �aj _L �ydffcutl
Contracts 1 1G1 Fes/ , I
111
6-Nov-07
City Council Meeting Date
Ron Petrie Engineering Operations
Submitted By Division Department
Action Required:
Approval of an ordinance waiving the requirements of formal competitive bidding and approval of a cost share
agreement with Broyles Commercial Funding, LLC in the amount of $36,422.00 for the upgrade of 752 feet of 8"
water main to 12".
Water and Sewer
$36,422.00 Fs 326,452.89 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
5400.5600.5808.00 $ 36,422.00 Water and Sewer Improvements
Funds Used to Date Program / Project CategoryName
02067 $ 290,030.89 Sales Tax - Capital Improvements
Project Number Remaining Balance Fund Name
Budgeted Item �x Budget Adjustment Attached
4a; —I2C
TIPrevious Ordinance or Resolution #Deparector DOriginal Contract Date:
O - ) /zAIOAFAI-7
Original Contract Number:
City Attorney f
Received in City Clerk's Office
k-p"I ra m_ IC 712-4-�7
Finance and Internal Service Director Date
Received in Mayor's Office ENEU .
I
Z
Maya Date
Comments:
City Council Meeting of November 6, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer
Date: October 15, 2006
Subject: Proposed cost-share and bid waiver in the amount of $31 ,722.00 with a
contingency of $4,700.00 with Broyles Commercial Funding, LLC for the
upsizing of approximately 752' of 8" water main to 12".
RECOMMENDATION
Staff recommends that the City cost-share with Broyles Commercial Funding, LLC, the
developer, to upsize approximately 752 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
Broyles Commercial Funding, LLC is constructing a 105 unit single-family residential
subdivision located at the southwest corner of Weir Road and 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 existing 8" water main along Salem Road. The proposed development is
required to connect to this main and extend it to serve the subdivision. It would benefit
the City to cost-share with the developer for the construction of a portion of the water line
to install a 12" main along Weir Road. This will continue a 12" water line grid that will
serve customers in this area. The City's cost is approximately 32% of the total cost
before contingencies. Should the City wait to upgrade the water main, future costs will
be significantly higher.
1
City Council Meeting of November 6, 2007
Construction costs have been provided to the City for these improvements by the
contrctor as follows:
Developer's Share $ 679646.00
City's Share $ 31,722.00
Total $ 99,368.00
BUDGET IMPACT
Based upon the information provided by the Budget & Research Division, there is a
remaining balance of $326,452.89 in the Water and Sewer Cost Sharing Account.
The final costs to the City will be based upon actual costs as documented by Broyles
Commercial Funding, 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 BROYLES COMMERCIAL FUNDING, LLC IN THE
AMOUNT OF $36,422.00 FOR THE UPSIZING OF APPROXIMATELY 752'
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 Broyles Commercial Funding, LLC is currently developing
near the intersection of Weir Road and of Salem Road; and,
WHEREAS, entering into a cost-share agreement with Broyles Commercial Funding, 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 Broyles Commercial Funding, LLC in the
amount of $36,422.00 for the upsizing of approximately 752' of 8" water main to 12" water main.
PASSED and APPROVED this 61° day of November, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this , by and between the City
of Fayetteville, Arkansas and Broyles Commercial Funding, LLC Witnesseth:
WHEREAS, Broyles Commercial Funding, LLC, is constructing a 105 unit single-family
residential development at the intersection of Weir Road and Salem Road; and
WHEREAS, Broyles Commercial Funding, 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 Broyles Commercial Funding, 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 Weir Road.
B. Pay a maximum-not-to-exceed cost of $36,422.00 for the afore mentioned
water main construction as was provided by the developer's 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 Broyles Commercial Funding, LLC
within thirty (30) days after receipt of the invoice(s) but cannot guarantee
the thirty day schedule.
2. Broyles Commercial Funding, 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 Broyles
Commercial Funding, LLC 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 $36,422.00 for the water main upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Broyles Commercial Funding, LLC
By: By:
DAN COODY, Mayor
Anglia Ceahe for Des/ga Fayetterie, AR - Holcanib Hel{bb - Pbase 1
217 6. Dickson Street, Suite 104 Project Number 6065
Fayettevi0q AR 72701 9/142007
Office 479-42.1400
Fu 479-42-1450
Quantities for Holcomb Heights-Phase I - Water Service Asmateat
12" Water Service
1 lack and Bore for 12" Water line under Salem Rd. 70 L.F. $200.00 $14000.00
2 Connection to Existing 6' Water Line 1 Ltunp Sum S5,000.00 S5,000.00
3 12" C-900 PVC 752 L.F. $39.00 $29,329.00
4 12" x 8" Tee 3 EACH S900.00 $2,700.00
5 12" x 6' Tee 2 EACH $900.00 $1,800.00
6 12" x 6" Reducer 1 EACH $700.00 $700.00
7 12" Buttaffly Valve 8 EACH $370000 529600.00
8 Blow off Assembly / Pop Off Valve 1 EACH 5400.00 $400.00
9 Water Service - I " Saddler 6 EACH $850.00 $510000
10 12• Bends 45 De 6 EACH 5800.00 $4 800.00
11 12' Water line encasements 21 L.F. 5140.00 $2940.00
12Thrutt Block 12 EACH 5250.00 53,000.00
81r Water Service
13 Jack and Bore for 8" Water line under Salem Rd. 70 L.F. $175.00 $1225000
14 Connection to Existing 6" Water Lim 1 Lump Sum $5,000.00 $5 000.00
15 8" C-900 PVC/DI 752 L.F. $28.00 $21,056.00
16 8" x 8• Tee 3 EACH $700.00 $2,100.00
17 8" x 6" Tee 2 EACH 5700.00 $1,400.00
18 8" x 6• Reducer I EACH S350.00 $350.00
19 8" Gate Valve 8 EACH $1500.00 $12000.00
20 Blow off Assembly / Pop Off Valve 1 EACH S350.00 $350.00
21 Water Servi« - 1" Saddle Tap 6 EACH $775.00 S4.650.00
22 8' Bends 45 De « 6 EACH $700.00 $4,200.00
23 8• Water line encasements 21 L.F. $90.00 $1,890.00
24Thwt Block 12 EACH 5200.00 $2,400.00
U"ZIEM
CECM4olcornb Phase 1-8 812 wateriine oomparison.xls 9/142007 Page 1
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