HomeMy WebLinkAboutOrdinance 5078 ORDINANCE NO.5078
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH PHILLIP/MARTIN DEVELOPMENT PARTNERS,
LLC IN THE AMOUNT OF $48,886.20 FOR THE WIDENING OF ZION
ROAD; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT
OF $53, 123.72.
WHEREAS, the Fayetteville Planning Commission has required as a Condition of Approval for its
residential development, that Phillip/Martin Development Partners, LLC widen Zion Road from Taliesin Lane west
to the existing improved section of roadway ; and,
WHEREAS, entering into a cost-share agreement with Phillip/Martin Development Partners, LLC and
utilizing their engineer and contractor to widen Zion Road 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 Phillip/Martin Development Partners,
LLC in the amount of $48,886.20 for the widening of Zion Road.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budg;t,
adjustment in the amount of $53, 123.72. K�gsp
`);t '( Ol' . GP
PASSED and APPROVED this 6 " day of November, 2007. p
niETTEVILLE ;
APPROVE ATTEST: &W4�
;�B By: a�t.N ^ 104y. � 1 O N
V gtld1
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACTUAL AGREEMENT
1,, h,,�
This Agreement, made and entered into this N6V,PANt II f L I )W , by and between the City
of Fayetteville, Arkansas and Phillip/Martin Development Partners, LLC, Witnesseth:
WHEREAS, Phillip/Martin Development Partners, LLC is constructing a 67 single
family dwellings and 45 multi-family dwellings development located on the south side of Zion
Road west of Highway 265 ; and
WHEREAS, Phillip/Martin Development Partners, LLC will be widening a portion of
Zion Road as a part of this development; and
WHEREAS, it will benefit the City of Fayetteville to extend the improvements required
for this development to complete a 165' gap in the street improvements on the south side of Zion
Road.
NOW, THEREFORE, the City of Fayetteville and Phillip/Martin Development Partners,
LLC as follows:
I . Upon the City Council and/or the Mayor approving the Street Cost-Share, the City
of Fayetteville agrees to:
A. Pay a maximum-not-to-exceed cost of $48,886.20 for the afore mentioned
street construction.
B. Make all efforts to provide payment to Phillip/Martin Development
Partners, LLC within thirty (30) days after receipt of the invoice(s) but
cannot guarantee the thirty day schedule.
2. Phillip/Martin Development Partners, LLC 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 Phillip/Martin
Development Partners, 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 $48,886.20 for the street construction.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE Phillip/Martin Development Partners,
LLC
By: By:
D N COODY, Mayor
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
Division:
2007 Program: 11 /6/2007
Project or Item Added/Increased: Project or Item Deleted/Reduced:
Street ROW / Intersection / Cost Sharing Kings Drive Improvements
Huntsville and Happy Hollow Intersection
Justification of this Increase: Justification of this Decrease:
Additional funds are necessary to cover the expense of a These projects are complete with funds remaining.
cost share for the widening of Zion Road.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 53, 124 02116 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 26,694 05030 1
Street improvements 4470 9470 5809 00 261430 04011 1
App I Si atures Budget Office Use Only
11 Type: A B C E
RequestedC� - -- Date
�1'a 37
Bu et Manager Date Posted to General Ledger
Initial Date
Department Director Date Posted to Project Accounting
Yn Initial Date
J Q , ( , Cl - ll -a �
Finance & Intern rvices D ector Date Entered in Category Log _
Initial Date
Mayor Date
�'�
City of Fayetteville
Staff Review Form
City Council Agenda Items LL �•(/
or
Contracts n�
�tv�lq�
6-Nov-07y�7�r5
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 Phillip/Martin Development Partners, LLC in the amount of $48,886.20 for the widening of Zion Roa
and approval of a budget adjustment in the amount of $53, 123.72.
Street/ROW/Intersection
$48,886.20 $ 253,798.00 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 258,035.52 Street Improvements
Funds Used to Date Program / Project CategoryName
02116 $ (4,237.52) Sales Tax - Capital Improvements
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached �X
Previous Ordinance or Resolution #
Department Dlrecldr Date Original Contract Date:
Original Contract Number:
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Date
---_��� Received in Mayor's Office
Mayor Dare
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 19, 2007
Subject: Proposed ordinance waiving the requirements of formal competitive bidding
and approving a cost share agreement with Phillip/Martin Development
Partners, LLC in the amount of $48,886.20 for roadway improvements to Zion
Road and approval of a budget adjustment in the amount of $53, 123 .72.
RECOMMENDATION
Staff recommends that the City cost-share with Phillip/Martin Development Partners,
LLC, the developer, to extend the proposed roadway widening of Zion Road from
Taliesin Lane west to the existing improved section of roadway.
BACKGROUND
Phillip/Martin Development Partners, LLC is constructing a 67 single family dwellings
and 45 multi-family dwellings development located on the south side of Zion Road west
of Highway 265 . As a part of this development, the developer is required to widen Zion
Road for the project frontage and extending the improvements west to Taliesin Lane.
The following is condition #1 from the Planning Commission Report for this PZD:
I . Planning Commission determination of street improvements. Staff recommends
the developer construct curb, gutter, sidewalk, and storm drainage along the
south side of Zion Road along the property frontage, and extend these
improvements approximately 220 ' to the west to tie-in to the existing
improvements at Taliesin Lane, utilizing a 36 ' wide street section (striped for a
turn lane).
PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION (09/11/06).
City Council Meeting of November 6, 2007
DISCUSSION
With the improvements required by the Planning Commission, there will be a 165' gap in
the improvements to the roadway on the south side of Zion Road. It would benefit the
City to cost-share with the developer to extend the roadway improvements to connect to
the improvements that were completed as a part of the Old Missouri Road intersection.
The City' s cost is approximately 29% of the total cost. Should the City wait to widen the
street, future costs will be significantly higher.
Construction costs have been provided to the City for these improvements by the
contractor as follows:
Developer's Share $ 1199894.45
City's Share $ 48,886.20
Total $ 168,780,65
BUDGET IMPACT
The funds for this street cost share project will come from the Street ROW/ Intersection/
Cost Sharing Fund. A budget adjustment is requested in the amount of $53, 123 .72. The
amount of $26,694.08 will be adjusted from the Kings Drive project which has
$26,694.08 in remaining funds and the amount of $26,429.64 will be adjusted from the
Huntsville and Happy Hollow Intersection project which has $48,973 .67 in remaining
funds.
2
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH PHILLIP/MARTIN DEVELOPMENT PARTNERS,
LLC IN THE AMOUNT OF $489886.20 FOR THE WIDENING OF ZION
ROAD; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT
OF $53,123.72.
WHEREAS, the Fayetteville Planning Commission has required as a Condition of Approval for its
residential development, that Phillip/Martin Development Partners, LLC widen Zion Road from Taliesin Lane west
to the existing improved section of roadway ; and,
WHEREAS, entering into a cost-share agreement with Phillip/Martin Development Partners, LLC and
utilizing their engineer and contractor to widen Zion Road 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 fords 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 Phillip/Martin Development Partners,
LLC in the amount of $48,886.20 for the widening of Zion Road.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment in the amount of $53,123.72.
PASSED and APPROVED this 6th 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 Phillip/Martin Development Partners, LLC, Witnesseth:
WHEREAS, Phillip/Martin Development Partners, LLC is constructing a 67 single
family dwellings and 45 multi-family dwellings development located on the south side of Zion
Road west of Highway 265 ; and
WHEREAS, Phillip/Martin Development Partners, LLC will be widening a portion of
Zion Road as a part of this development; and
WHEREAS, it will benefit the City of Fayetteville to extend the improvements required
for this development to complete a 165' gap in the street improvements on the south side of Zion
Road.
NOW, THEREFORE, the City of Fayetteville and Phillip/Martin Development Partners,
LLC as follows:
1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the City
of Fayetteville agrees to:
A. Pay a maximum-not-to-exceed cost of $48,886.20 for the afore mentioned
street construction.
B. Make all efforts to provide payment to Phillip/Martin Development
Partners, LLC within thirty (30) days after receipt of the invoice(s) but
cannot guarantee the thirty day schedule.
2. Phillip/Martin Development Partners, LLC 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 Phillip/Martin
Development Partners, 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 $48,886.20 for the street construction.
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number
Division:
2007 11 /6/2007
Program:
Project or Item Added/Increased: Project or Item Deleted/Reduced:
Street ROW I Intersection f Cost Sharing Kings Drive Improvements
Huntsville and Happy Hollow Intersection
Justification of this Increase: Justification of this Decrease:
Additional funds are necessary to cover the expense of a These projects are complete with funds remaining.
cost share for the widening of Zion Road.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 53, 124 02116 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Street improvements 4470 9470 5809 00 269694 05030 1 __
Street improvements 4470 9470 5809 00 261430 04011 1
Approval Signatures Budget Office Use Only
Type: A B C D E
Requested By Date
Budget Manager Date Posted to General Ledger
Initial Date
Department Director Date Posted to Project Accounting
initial Date
Finance & Internal Services Director Date Entered in Category Log _
Initial Date
Mayor Date
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