HomeMy WebLinkAboutOrdinance 5545 ORDINANCE NO. 5545
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH SOUTH GARLAND BOULEVARD ASSOCIATES, LP
IN THE APPROXIMATE AMOUNT OF $98,949.00 FOR THE UPGRADING
OF AN EIGHT-INCH WATER MAIN TO A TWELVE-INCH WATER MAIN
ALONG INDIAN TRAIL FROM RAZORBACK ROAD TO ROSE AVENUE
AND THE CONSTRUCTION OF A TWELVE-INCH WATER MAIN FROM
ROSE AVENUE TO STADIUM DRIVE
WHEREAS, South Garland Boulevard Associates, LP, has hired an engineer for the
design and a contractor for the construction of an eight-inch water main along Indian Trail to
serve an approved large-scale development(LSD 12-4052 Park Green Collegiate View); and
WHEREAS, an existing twelve-inch water main to the west of the development property
on Razorback Road and a proposed twelve-inch water main on Stadium Drive will be connected
to by the South Garland Boulevard Associates, LP, and in addition they will be extending an
eight-inch water main east 1,100 feet as part of the required infrastructure for the development;
and
WHEREAS, it will benefit and be most cost-effective for the City of Fayetteville to cost-
share the upgrade of this eight-inch water main to a twelve-inch water main from Razorback
Road and extend the twelve-inch water main Stadium Drive along Indian Trail, due to numerous
breaks, interrupted service and traffic in the area,
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 determines
the above-stated facts constitute an exceptional situation in which competitive bidding is deemed
not feasible or practical and therefore waives the requirements of formal competitive bidding and
approves a cost-share agreement with South Garland Boulevard Associates, LP in the
approximate amount of$98,949.00 for the upgrading of an eight-inch water main to a twelve-
inch water main along Indian Trail from Razorback Road to Rose Avenue and the construction
of a twelve-inch water main from Rose Avenue to Stadium Drive.
Page 2
Ordinance No. 5545
PASSED and APPROVED this 20c' day of November, 2012
APPROVED: ATTEST:
By: By: nl{�wr�i �✓ �iYlnn4
IONELD ;kg,Mayor SONIMA E. SMITH, City Clerk/Treasurer
V . GAS Y p�!.6
FAYETTEVILLE0�13^
fkANSP
'�Wi/V
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/20/2012
City Council Meeting Date
Agenda Items Only
David Jurgens Water and Sewer Utilities
Submitted By Division Department
Action Required:
Approval of a cost-share and bid waiver in the approximate amount of$98,949.00, with South Garland Boulevard
Associates, LP for the upsizing from a 8"to an 12" proposed water main along Indian Trail From Razorback Road to
Rose Ave and installing a 12"water main from Rose Ave to Stadium Drive.
$ 98,949.00 $ 154,472.00 Water and Sewer Cost Sharing
Cost of this request Category/Project Budget Program Category/Project Name
5400.5600.5808.00 $ 31,712.00 Water and Sewer Improvements
Account Number Funds Used to Date Program/Project Category Name
02067.1 $ 122,760.00 Water and Sewer Fund
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
L9
31 0 J �2. Previous Ordinance or Resolution#
Depart e t Dire r Date
IOriginal Contract Date:
Original Contract Number:
Attomeyp 1 n Date
Finance and Internal Services Director Date Received in City ENTERED /
Clerk's Office
Chief 0 S Date fNT�tt�j; •,
Received in /
Mayor's Office
ay D e
Comments:
Revised January 15,2009
CITY COUNCIL AGENDA MEMO
Tave evl e MEETING DATE NOVEMBER 20,2012
THE CITY OF FAYETTEVILLE,ARKANSAS
ARKANSAS
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr,Chief of Staff
Fayetteville Water and Sewer C i ee
From: David Jurgens,Utilities Directory
Date: November 1,2012
Subject: Cost-share and bid waiver with Sou h Garland Boulevard Associates,LP for water main installation
RECOMMENDATION
City Administration recommends approval of an ordinance for a cost-share and bid waiver in the approximate amount of
$98,949.00 with South Garland Boulevard Associates,LP for the upsizing from an 8"to an 12"proposed water main from
Razorback Road to Rose Ave. and installing a 12"water main from Rose Ave. to Stadium Drive
BACKGROUND
South Garland Boulevard Associates, LP recently submitted a Large Scale Development LSD 12-4052 Park Green
Collegiate View for approval by the City of Fayetteville. As a condition of approval for this proposed development, a
water main is required to be extended from Razorback Road and Martin Luther King Blvd to the site meet fire flow
requirements for the 15 acre multistory housing development. A 12" water main is required from MLK Blvd to the site
via Stadium Drive and an 8"water main is required from Razorback Road via Indian Trail and Rose Ave. The 8"water
main along Indian Trail is the size that is necessary to provide the secondary loop to serve the 12"water main necessary to
provide fire flow to serve the proposed development. South Garland Boulevard Associates, LP has hired and engineer to
prepare plans for the construction of this water main. The total construction cost of water main improvements associated
with this project is approximately $692,000 including both on and offsite improvements. The total anticipated
infrastructure improvements(Street,Drainage, Water,& Sewer) is approximately$2.5 million.
DISCUSSION
The proposed cost share will be to upsize the required 8" water main to a 12" water main from Razorback Road
(approximately 1,100 ft) and extending the 12" water main to Stadium Drive (approximately 545 ft) along Indian Trail.
This upsizing and main extension will replace the existing 12 inch main on the north side of MLK which is in poor
condition. Recently,the existing 12"has had numerous breaks that interrupted service and traffic in the area,the main is
also exposed in the College Branch,which increases the probability of damage.
The City would benefit from the cost share by utilizing the developer's contractor who will already be onsite performing
water line installation. A bid waiver is requested since this cost share is greater than$20,000.
Developer's Share(8"Water Line on Indian Trail) $87,747.00
City's Share(Upgrade 8"to 12"on Indian Trail) $42,941.00
City's Cost (Install 12"on Indian Trail) $51,296.00
5% Contingency(City's Share) $ 4,712.00
Total $186,969.00
Total City's Portion $ 98,949.00
BUDGET IMPACT
Funds for the City portion of work are available in the Water and Sewer Cost Sharing Project. The final actual cost to the
City will be based upon actual bid price for this project.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH SOUTH GARLAND BOULEVARD ASSOCIATES, LP
IN THE APPROXIMATE AMOUNT OF $98,949.00 FOR THE UPGRADING
OF AN EIGHT-INCH WATER MAIN TO A TWELVE-INCH WATER MAIN
ALONG INDIAN TRAIL FROM RAZORBACK ROAD TO ROSE AVENUE
AND THE CONSTRUCTION OF A TWELVE-INCH WATER MAIN FROM
ROSE AVENUE TO STADIUM DRIVE
WHEREAS, South Garland Boulevard Associates, LP, has hired an engineer for the
design and a contractor for the construction of an eight-inch water main along Indian Trail to
serve an approved large-scale development(LSD 12-4052 Park Green Collegiate View); and
WHEREAS, an existing twelve-inch water main to the west of the development property
on Razorback Road and a proposed twelve-inch water main on Stadium Drive will be connected
to by the South Garland Boulevard Associates, LP, and in addition they will be extending an
eight-inch water main east 1,100 feet as part of the required infrastructure for the development;
and
WHEREAS, it will benefit and be most cost-effective for the City of Fayetteville to cost-
share the upgrade of this eight-inch water main to a twelve-inch water main from Razorback
Road and extend the twelve-inch water main Stadium Drive along Indian Trail, due to numerous
breaks, interrupted service and traffic in the area,
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 determines
the above-stated facts constitute an exceptional situation in which competitive bidding is deemed
not feasible or practical and therefore waives the requirements of formal competitive bidding and
approves a cost-share agreement with South Garland Boulevard Associates, LP in the
approximate amount of$98,949.00 for the upgrading of an eight-inch water main to a twelve-
inch water main along Indian Trail from Razorback Road to Rose Avenue and the construction
of a twelve-inch water main from Rose Avenue to Stadium Drive.
PASSED and APPROVED this 20s' day of November, 2012
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACTUAL AGREEMENT
This Agreement,made and entered into this ( 04' W15 by and between the City
of Fayetteville,Arkansas and South Garland Boulevard Associates,LP, 3 E. Stow Road
Marlton,New Jersey 08053,Witnesseth:
WHEREAS,South Garland Boulevard Associates.LP,has hired an engineer for the
design and a contractor for the construction of a 8"public water main along Indian Trail to serve
their project, Development LSD 12-4052 Park Green Collegiate View; and
WHEREAS,there is an existing 12"water main to the west of this property on
Razorback Road Lane and a proposed 12"water main on Stadium Drive. South Garland
Boulevard Associates.LP will be connecting to this line; and extending a 8"main east 1,100 feet
to as part of the required infrastructure for this development; and
WHEREAS,it will benefit the City of Fayetteville to upgrade this 8"water main to a 12"
water main from Razorback Road(approximately 1,100 ft) and extend the 12"water main to
Stadium Drive(approximately 545 ft) along Indian Trail. This upsizing and main extension will
replace the existing 12 inch main on the north side of MLK which is in poor condition. Recently
the existing 12"water main has had numerous breaks that has interrupted service and traffic in
the area, the main is also exposed in the College Branch,which increases the probability of future
damage.
NOW,THEREFORE,the City of Fayetteville and South Garland Boulevard Associates
LP 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 an 12"main from Razorback Road to Rose Ave along Indian Trail.
B. Pay for 100% of the actual documented construction costs for extending
the 12"main from Rose Ave to Stadium Drive along Indian Trail.
C. Pay a maximum-not-to-exceed cost of$98,949.00 for the afore mentioned
water main construction as was provided by South Garland Boulevard
Associates,LP engineer and made a part of this agreement.
D. Reconsider the costs if the future and actual construction costs exceed the
maximum-not-to-exceed amount that was furnished by South Garland
Boulevard Associates,LP. 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.
E. Make all efforts to provide payment to South Garland Boulevard
Associates.LP within thirty(30)days after receipt of the invoice(s)but
cannot guarantee the thirty day schedule.
2. South Garland Boulevard Associates.LP 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.
C. Not proceed with the proposed construction unless/until the proposed
contractual agreement is approved by the City Council and/or the Mayor.
3. It is further understood that the contract for construction is between South Garland
Boulevard Associates.LP and his 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
$98,949.00 for the water main upgrade and extension.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE,WE
SIGN BELOW:
CITY OF FA TTEV South Garlat oulevard Associates,LP
B By:
LIONEL Mayor
• c5 .
Attest: A(ot
FAYETTEVILLE•1-
�kANSP
"GTON„p
Park Green/The Vue
Offsite Waterline Extension Cost Reimbursement Breakdown
Cost of 8" Waterline improvements from Razorback Road to Rose Ave.
Item Description Quantity Unit Unit Price Item Price
8" Waterline 1088 LF $ 49.35 $ 53,692.80
16" Bore 90 LF $ 310.55 $ 27,949.50
8" 45-degree fittings 6 EA $ 352.69 $ 2,116.14
12"x8"TS&V 1 EA $3,989.00 $ 3,989.00
Subtotal $ 87,747.44
Cost to upsize to 12" Improvements from Razorback Road to Rose Ave.
Item Description Quantity Unit Unit Price Item Price
Upsize 8"waterline to 12" 1088 LF $ 23.88 $ 25,981.44
Upsize 16" Bore to 24" 90 LF $ 12335 $ 11,101.50
Upsize 8"45-degree fittings to 12" 6 EA $ 359.55 $ 2,157.30
Upsize 12"x8"TS&V to 12"x12" 1 EA $1,988.76 $ 1,988.76
Add 12" Butterfly Valve at Tap 1 $1,712.02 $ 1,712.02
Subtotal $ 42,941.02
Improvements from Rose Ave.to Stadium Drive
Item Description Quantity Unit Unit Price Item Price
Additional 12"Waterline 545 LF $ 70.33 $ 38,329.85
Added 12N8"Tee 1 EA $ 916.19 $ 916.19
Added 12"x12"Tee 1 EA $1,129.08 $ 1,129.08
Added 12" Butterfly Valve at Tee 1 EA $1,712.02 $ 1,712.02
Easement Procurement(Per City) 1 LS $5,000.00 $ 5,000.00
Engineering 1 101% $4,208.71 1 $ 4,208.71
Subtotal $ 51,295.85
Total Cost of Improvements $ 181,984.31
Developer's Portion $ 87,747.44
City's Portion $ 94,236.87
t
Section of existing 12-inch between
Razorback and Garland that has had
multiple leaks. .
y
• F;I'Fxtrrttrriam0NesLw"_ARTIN LUTHER IaXGBLYD -
1 u F
I ..� . ,il �y,;, 1 •„ i ,r City full cost 12-inch
Developer
r required 12-inch
T Developer required 8-inch
City cost share to 12-inch Developer required 8-inch
Extensions into development
i
Exhibit A
Cost Share with South Garland Boulevard Associates, LP NORTH
MM MRAIRN
tie i -z £ R a V '��dn a ,
�'..4. � t ,• �r'� � �. ,.e k� i;� >urd � „NII � �� y� � ulas.�-�--- ��E 3 �� �I .� .. . ,..,...
�S
� i� s � �',t' s a§€ � • 1� I�T- ,..: Y. � im M�II c-E'r arcnl�rz�m� �•� `�T %,mss.,:;
,� � * a . �f x`Y°•i°"^ tam � wlo-luno[ m .uw m06wa
iR Sv u t SPRMw• IIIY WR�MWI h .5""'%' f31 t OF 4 wwwF wNl � "�' 'ezPY W1K Sf vii
.f kap. RNMNciOR fesm ¢Nr /� �d�"' � .. � T :•' cam„ =.`��v+h r'k^�'Y m
F 4• � ss � "uw°>Mzsmu"�"r�- wElt;ealarc n— I
2 u
11-
Nle
k
s ypnuµpp
PARK GREEN COLLEGIATE
VILLAGE
1nYFnsvRgeeurvsv
SU
�. P BUI ON g
_I
12]0 9 g
12" 1395 1389
LEGEND IEXISTINGI LEGEND(PROPOSED)
bL _ �yIs
SILAIXS LOFINK /
x
50®LLS
1'E$ 3 IAS 1281 ._.. ; .. _P _ 1390 sWU ww I" uUSvlx GwLls
° usml wT va[
ME DUE
SEED SUED
i i I N Y W g w µms snrw - µ mww[lawiµ tW mmw¢aGsiu
I2W — _,_ IMO 1'!A •.:`y. .. IAS ` SW Ywa ln2 ss rypOss 0
..'�..1 ..........` e O 1 51X SLvw UEE
m o.1SEE vn s.. t ... rvlmsra —% O vrxne us lne
IrYIER O[NHIi _
RSiIYClL Lp9 IY 1R]K MI 4IG NMSJt LLY[49fwF 9S kIMl —W ufrA IME W
e %IYII 1I11q _
GRWI f{SDII IION o
US. ——uwK— N tvµK YEr
1255 EFEEDD 4............... �'..................... 13S 12W y. 13W D'J US Y%K UdWwOLW IOEPIG[ [� Stad YKK Vli[ MplMglp mmluc
w.'Mm DSNPbE V[atM0.500[CIRIL�—� Q AM�CM¢x•MFx u,MXw4xO Ei
MM vrV
1 1330 __ OM%S 9i1F11 _ 13b 1235 M� DtUsass_ 1223 b Oq UI�W11.15g9Y ��
V .1. ® ax uuwav x rm oDRvwwi•ivw< w% .,„ .. ..�..
ily DEREA m AO DEC E3r.Muurw.snw � ^� • vfu mu mma
.S i It W mx ro— : O101�vRESTES CVw t wIX50
% uu EU 51Pµ IMS 1230 128 ° nE%RJc W6rµ nRv wn[ uxncx m[�w w ury
®'I: wfmkwsf 45
1 .. p E«w Ma, 1,Mw SSUED DR
N.,k H..
wwAILKINIL 11 11, ussr9l
OlEl
34 12b W
Ifi OFFSVE ViIVttIMYROVEMENi%
}I 1235 040) _.. .� 1 2 1220 _..._.. ............................I.....DS
...........................�
C-110 R-2
JAivw" 4ww-d
tA� � .
CONTRACTUAL AGREEMENTD'�
This Agreement, made and entered into this by and between the City
of Fayetteville,Arkansas and South Garland Boulevard Associates, LP, 3 E. Stow Road,
Marlton,New Jersey 08053, Witnesseth:
WHEREAS, South Garland Boulevard Associates, LP,has hired an engineer for the
design and a contractor for the construction of a 8"public water main along Indian Trail to serve
their project, Development LSD 12-4052 Park Green Collegiate View; and
WHEREAS,there is an existing 12"water main to the west of this property on
Razorback Road Lane and a proposed 12"water main on Stadium Drive. South Garland
Boulevard Associates, LP will be connecting to this line; and extending a 8"main east 1,100 feet
to as part of the required infrastructure for this development; and
WHEREAS,it will benefit the City of Fayetteville to upgrade this 8"water main to a 12"
water main from Razorback Road(approximately 1,100 ft) and extend the 12"water main to
Stadium Drive(approximately 545 ft)along Indian Trail. This upsizing and main extension will
replace the existing 12 inch main on the north side of MLK which is in poor condition. Recently
the existing 12"water main has had numerous breaks that has interrupted service and traffic in
the area, the main is also exposed in the College Branch,which increases the probability of future
damage.
NOW,THEREFORE,the City of Fayetteville and South Garland Boulevard Associates.
LP 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 an 12"main from Razorback Road to Rose Ave along Indian Trail.
B. Pay for 100% of the actual documented construction costs for extending
the 12"main from Rose Ave to Stadium Drive along Indian Trail.
C. Pay a maximum-not-to-exceed cost of$98,949.00 for the afore mentioned
water main construction as was provided by South Garland Boulevard
Associates, LP engineer and made a part of this agreement.
D. Reconsider the costs if the future and actual construction costs exceed the
maximum-not-to-exceed amount that was furnished by South Garland
Boulevard Associates, LP. 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.