HomeMy WebLinkAboutOrdinance 5574 ORDINANCE NO. 5574
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A $64,000.00 COST-SHARE
AGREEMENT WITH FIRST COMMUNITY BANK OF CRAWFORD
COUNTY FOR THE MILLING AND PAVING OF STREETS WITHIN THE
SUNBRIDGE VILLAS DEVELOPMENT, AND APPROVING A BUDGET
ADJUSTMENT OF $64,000.00 RECOGNIZING REVENUE FROM LETTERS
OF CREDIT
WHEREAS, the City Council adopted a resolution accepting the dedication of street
right-of-way and maintenance responsibility for previously private streets within the Sunbridge
Villas development, upon completion of required milling and overlay of the said streets; and
WHEREAS, two (2) letters of credit totaling $64,000.00 posted by the previous owner
and developer to guarantee street improvements required as part of an R-PZD approved in 2006
were called by the City as the required improvements had not been completed; and
WHEREAS, First Community Bank of Crawford County is now owner of the
development and desires to enter into a cost-share agreement with the City to complete street
improvements whereby the City's only financial obligation would be to contribute the
$64,000.00 obtained through the letters of credit,
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
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a $64,000.00
cost-share agreement with First Community Bank of Crawford County (marked as Exhibit "A"
attached hereto and made a part hereof) for the milling and paving of streets within the
Sunbridge Villas development.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, attached as Exhibit`B",recognizing revenue from letters of credit.
Page 2
Ordinance No. 5574
PASSED and APPROVED this 19th day of March, 2013.
APPROVED: ATTEST:
By: By: titi �
O LD J , Mayor SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
3/19/2013
City Council Meeting Date
Agenda Items Only
Chris Brown Engineering Development Services
Submitted By Division Department
Action Required:
Approval of a cost-share and bid waiver in the amount of$64,000.00, with First Community Bank of Crawford County
for the milling and paving of the streets within the Sunbridge Villas Development and a budget adjustment
acknowledging the receipt of$64,000 from letters of credit.
$ 64,000.00 $ 432,293.31 Street, ROW, Int.Cost Sharing
Cost of this request Category/Project Budget Program Category/Project Name
4470.9470.5809.00 $ - Street Improvements
Account Number Funds Used to Date Program/Project Category Name
02116 —� $ 432,293.31 Sales Tax Capital Improvement
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Akktr -41—UP-IMS Previous Ordinance or Resolution#
Depa irector Date
Original Contract Date:
Original Contract Number:
ttorney Date
zo k3
Finance and Internal Services Director Date Received in City 0?-2)—1 3 A 10: 1 i R C V D
//nnAA Clerk's Office
4of DatEN ERED
e
Received in
Mayor's Office
ate
Comments:
Revised January 15,2009
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this m la 'L013 , by and between the City
of Fayetteville,Arkansas and First Community Bank of Crawford County, Witnesseth:
WHEREAS, First Community Bank of Crawford County,has hired a contractor to mill
and pave the existing streets within the Sunbridge Villas Development; and
WHEREAS,the former developers of this development submitted two letters of credit
for$32,000 each with the City of Fayetteville to guarantee the paving of these streets; and
WHEREAS, First Community Bank of CrawfordCount will be paying the additional
costs involved in this paving contract; and in order for the City of Fayetteville to pay First
Community Bank of Crawford County the $64,000 from the letters of credit, a cost share
agreement must be entered between First Community Bank of Crawford County and the City of
Fayetteville
NOW, THEREFORE,the City of Fayetteville and First Community Bank of Crawford
Copply agree as follows:
T
1. Upon the City Council and/or the Mayor approving the street paving Cost-Share,
the City of Fayetteville agrees to:
A. Pay for$64,000 of the construction costs for the milling and paving of the
streets within the Sunbridge Villas development.
B. Make all efforts to provide payment to First Community Bank of Crawford
Co un within thirty (30) days after receipt of the invoice(s)but cannot
guarantee the thirty day schedule.
2. First Community Bank of Crawford County LP agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable pavement construction.
B. Provide a copy of the invoice(s) from the Contractor and a completed lien
waiver executed by the Contractor upon acceptance of the pavement
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 First
Community Bank of Crawford County and his Contractor and that the City has no
EXHIBIT ;
contractual obligation with the Contractor. The City's only obligation shall be to
participate in a contractual agreement with a not-to-exceed amount of$64,000.00
for the street milling and paving.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE,WE
SIGN BELOW:
CITY OF FA TTEVIL E First Community Bank of Crawford County
By: � By:
��
IONELD AN, Mayor
Attest: /�vt
Y 0ZZ
�
�G;FAYETTEV)LLEe�y
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✓i�!i!pi i
City of Fayetteville,Arkansas
Budget Adjustment Form V11.0425
Budget Year Division: Engineering Request Date Adjustment Number
2013 Department: Development Services 2/26/2013
BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION
This BA is to recognize revenue for the approval of a cost-share and bid waiver in the amount of$64,000, with First
Community Bank of Crawford County for the milling and paving of the streets within the Sunbridge Villas
Development.
CA= �"� zI26/i3 Prepared By: Tandi Taylor
Division Head Date ttaylor
-- Reference:
Budget Director Date Budget& Research Use Only
Jur(h'- 01, Type:Type: A B C D E P
Departmen Direc of r Date
"KA CA .-U9-Zb 1'5 General Ledger Date
Firpnce Director Date
hla&,'" 3-/- I3 Posted to General Ledger
Chief o tall Date Initial Date
Checked/Verified
1VI�f or ate Initial Date
TOTAL BUDGET ADJUSTMENT 64,000 64,000
Increase/(Decrease) Project.Sub
Account Name - Account Number Expense Revenue Number
Miscellaneous 4470.9470.5900.00 64,000 02116 . 1
Miscellaneous revenue 4470.0947.4999.00 64,000 02116 . 1
K:1Tandi\Budget Adjustments12013 Budget Adjustments113-02-26 Sunbridge Villas Cost share 1 Of 1
CITY COUNCIL AGENDA MEMO
ay1reville
MEETING DATE MARCH 19,2013 THE CITY OF FAYETTEVILLE,ARKANSAS
ARKANSAS
'JAYAMP11=900MIZ MIN
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: Chris Brown, City Engineer C4,
Date: February 15, 2013
Subject: Approval of a cost-share and bid waiver in the amount of$64,000.00, with First Community Bank of
Crawford County for the milling and paving of the streets within the Sunbridge Villas Development and a
budget adjustment acknowledging the receipt of$64,000 from letters of credit.
RECOMMENDATION
City Administration recommends approval of an ordinance for a cost-share and bid waiver in the amount of
$64,000.00 with First Community Bank of Crawford County for the milling and paving of the streets within the
Sunbridge Villas Development and a budget adjustment acknowledging the receipt of$64,000 from letters of
credit.
BACKGROUND
Sunbridge Villas Subdivision is located north of Sunbridge Drive,just west of College Avenue. In 1970, the
subject property was developed as the Villa Mobile home park. The park included 141 mobile home lots and
one lot for a community laundry and playground area. All streets within the development were private asphalt
paved streets with curb and gutter. A minimum amount of storm sewer was installed at that time.
In 2006, the City Council approved the R-PZD for Sunbridge Villas. Sunbridge Villas is a residential
subdivision with 138 lots and one community space area. This development utilized the existing street
infrastructure to provide access to the lots. The storm sewer,public water and public sanitary sewer lines were
all replaced or expanded to meet current code requirements and the time of development. Street lights,
sidewalks and an asphalt overlay of all the private streets were required with the PZD. The developer submitted
two letters of credit for a total of$64,000 for the asphalt overlay of the streets.
On August 21, 2012, the Fayetteville City Council passed a resolution to accept the dedication of street right-of-
way and maintenance responsibility for the streets within the Sunbridge Villas development upon completion of
the required milling and overlay of the streets.
DISCUSSION
At this time, the First Community Bank of Crawford County has hired a contractor to perform the milling and
paving of the streets within the development to bring them up to City standards. The City has called the two
letters of credit that were submitted for the guarantee and has received the$64,000 from the two banks
involved. The current cost of the work required is significantly more than the original guaranteed amount. First
Community Bank of Crawford will be paying for the additional expense above the $64,000 covered by the
letters of credit.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
Bank's Share $ 66,752.00
City's Share $ 64,000.00
Total $130,752.00
BUDGET IMPACT
A budget adjustment is required to acknowledge the receipt of the $64,000 from the letters of credit and to place
the funds in the Street, ROW, and Intersection Cost Sharing account. The payment to First Community Bank of
Crawford will be made from this account.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72761
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A $64,000.00 COST-SHARE
AGREEMENT WITH FIRST COMMUNITY BANK OF CRAWFORD
COUNTY FOR THE MILLING AND PAVING OF STREETS WITHIN THE
SUNBRIDGE VILLAS DEVELOPMENT, AND APPROVING A BUDGET
ADJUSTMENT OF $64,000.00 RECOGNIZING REVENUE FROM LETTERS
OF CREDIT
WHEREAS, the City Council adopted a resolution accepting the dedication of street
right-of-way and maintenance responsibility for previously private streets within the Sunbridge
Villas development, upon completion of required milling and overlay of the said streets; and
WHEREAS, two (2) letters of credit totaling $64,000.00 posted by the previous owner
and developer to guarantee street improvements required as part of an R-PZD approved in 2006
were called by the City as the required improvements had not been completed; and
WHEREAS, First Community Bank of Crawford County is now owner of the
development and desires to enter into a cost-share agreement with the City to complete street
improvements whereby the City's only financial obligation would be to contribute the
$64,000.00 obtained through the letters of credit,
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
an exceptional situation exists in which competitive bidding is deemed not feasible or practical
and therefore waives the requirements of formal competitive bidding and approves a $64,000.00
cost-share agreement with First Community Bank of Crawford County (marked as Exhibit "A"
attached hereto and made a part hereof) for the milling and paving of streets within the
Sunbridge Villas development.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, attached as Exhibit"B", recognizing revenue from letters of credit.
PASSED and APPROVED this 5th day of March, 2013.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
i#y0 Pale## r �
v��l z u � C?rder (I�Oy} I eques# q isi ion o.. 2126/2013
eu
" �tlptaPurhasa(3rder)' P.0 Number: txpected Delivery ae:
AI/purchases'under$Z50n shat/be uac f on a P Card unless medreal or 1099 service related (Caf/x256 with qu2sfions)
: ?!I PO R�quest�haf/be,sGannetl,„td fhe Purcryasrng�a rrfafl„rPurchasing@cr fayefferri/,lc�ar us;.,, , .„,
Vendor#: Vend"or'Name, ,..
2009:, ail
.Irst.Comm,urrity Bank"of Crawford County Yes:_ No:
Address: Fob Point: Taxable
Quotes Attached
Yes:_ No:_ Yes: No:
City: State: Zip Code: Ship to':code Divison Head Approval:
12equest er Requester's; niployee#: Extension:
NollTaylor 3062 8206
Iteml Description Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Pro'ect/Sub ro'ect# Inventory# Fixed Asset#
1 Cos#share=First Corrlmuntiy' '00" 4470.9470 56t)9'EH— 02116.
Bank of Crawford ':.$,64:,600 � C
2 for the milling and paving of $0.00
the streets within the
3 Sunbridge Villas
Development $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
8 $0.00
g $0.00
10 $0.00
Shipping/Handling Lot $0.00
Special Instructions:
Subtotal: $64,000.00
_ Tax:
Total: $64,000.00
Approvals:
Mayor: Department Director: Purchasing Manager:
Finance&Internal Services Director: Budget Manager: IT Manager:
Dispatch Manager: Utilities Manager: Other:
Revised 1/2/2008
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
INEWS NORTHWEST ARKANSAS TIMES
E LLC BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caller, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas
Newspapers, LLC, printed and published in Benton County and Washington County,
Arkansas, of bona fide circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE ORDINANCE NO 554
Ordinance No. 5574c"
OF FORMAL GOM�PETITIVE BIDDING ANb
APPROVING: A $64;00090 GOST SHARS
AGFjEEMENTWITHF�I�STCOMMUNITYB�NK � aRKnNSAs � '
Was Inserted In the regular edition of OF CRAWFQRD COUNTY,FOR'.THE MILLING
Northwest Arkansas Times AND PAVING OF„`STREETS,WiTHINrTHE SIJNBRIDGE;VILLAS gEVELORMENT,;;
AND APPROVING A rtBUDGET ADJUSTMENT• oF,$64 000 00 RECOGNIZILJG;;
REVENUE FROMI LE TIERS&CREDIT ”4 -
WHEREAS,the City Council adopted`a resolution accepting the dedication of'
on: March 28, 2013 street right-of-way and maintenance responsibility for previously private streets
within the Sunbridge VIlas development upon completion of required milling and
overlay of the said streets and
=
Publication Costs: 116.73 WHEREAS,two(2 lettors of credit tot aling$6400000 posted by the previous
ow6er and deve)oper�toguarntee street improvements required€s part ofn}#
PZD approve m 10Q5W—re called'=by the City as the required improveMent'skhad
not-`been completed,a0d,
WHEREAS First Community Bank of Crawford County is now owner of'the r
development and desires to enter;mto`a cost share agreement with the°C to"
complete street improVernenta Hihereby3he""'City s only4mancial obligation JvoYVld
be'to cdn`tnbutethe$64;000 00 okztained through the letters of c7ed�t,
NOW,THEREFORE BE 1T ORDAINED BY THE CITY COUNCIL"OF THE CITY
Karen Caler OF-FAYET7E ILLE,=ARKANcg
SAS'£ .+ R= ._
Section,1 That the City Council of the City of Fayettwie�°Arkansas hereby deter
min s an exce`phonal situafiori exist"s m which>competftive bidding is
as 7n r '.
Subscribed and sworn to before mebidding and apprfeasible or pappr ovve00-,,therefore waivesthe equiremehts of�forn al competitibe
s a"$64 000 cost share agieemnt with-FlCst Communify t
This j day of , 2013. Bank of Crawford County(marked as Exhibit'I attached hereto and madea part
® hereot),for the;milliPg and psuing„gf streets,within”the-.Sunbr[dgeryillas:devglop- s'
ment.
motion 2s That the City"Counoil,of the;City of Fayetteville, Arkansas hereby
approves,a budgetadjustment,amphed.as,Fxhibtt B,,_regognizing;revenue'from,
letters of credit.
PASSED and APPROVED this 19th day of March 2013.
Notary Public :API? ',
ATTEST:
By: t By
My Commission ExpiresoR�AN MayorsoNDRAE sIITHcltycler{s/Treaeurer
Exhibits for thisaocdinarice maybe vaaweslanthe office lof fhs City Cle[IS/freasurgt ,
j'
CATHy J.WILES
DoT BentOn County
pzc
MyCommission
b ua+ys2�2 Expires Do Not Pay from Affidavit** RECEIVED
Mnnnua�
**Invoice will be sent** APR 0 9 2013
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE