HomeMy WebLinkAboutOrdinance 5454 ORDINANCE NO. 5454
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND APPROVING
A COST-SHARE AGREEMENT WITH NWA ENTERTAINMENT, LLC IN
THE AMOUNT OF $75,255.00 FOR WATER LINE DESIGN AND
CONSTRUCTION FOR THE ARKANSAS MUSIC PAVILION
WHEREAS, water lines near the Northwest Arkansas Mall, the end of Steele Boulevard,
and the north end of Mall Avenue are all "dead end" lines which have been identified by the City
to be looped at the next cost effective opportunity; and
WHEREAS, looped lines are essential to meet new EPA disinfectant by-products rules,
to provide optimum flow, and to ensure the best possible water quality in the area; and
WHEREAS, the Arkansas Music Pavilion (AMP) development will extend a water line
from the end of Steele Boulevard for domestic use and fire protection for seasonal use during
warm weather months; and
WHEREAS, unless the water line is looped, the water in the line will become stagnant
and require regular flushing and testing prior to use each season; and
WHEREAS, an extension of the water line to the east will permit the line to be looped
with a"dead end" line on Mall Avenue and alleviate this issue,
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 facts above constitute an exceptional situation in which competitive bidding is not deemed
practical or feasible and therefore waives formal competitive bidding and approves a cost-share
agreement with NWA Entertainment, LLC in the amount of $75,255.00 for design and
construction of a water line for the AMP.
Page 2
Ordinance No. 5454
PASSED and APPROVED this 18"' day of October, 2011.
APPROVED: ATTEST:
By: By: QnrLa�
;ONJtLDJ , 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
10/18/2011
City Council Meeting Date
Agenda Items Only
Matt Casey/David Jurgens Engineering/Utilities Development Services/Utilities
Submitted By Division Department
Action Required:
Approval of a cost-share and bid waiver in the amount of$75,255.00 with NWA Entertainment, LLC for the
construction of approximately 1600'of 8"water main.
$ 75,255.00 $ 154,472.00 Water and Sewer Cost Sharing
Cost of this request Category/Project Budget Program Category/Project Name
5400.5600.5808.00 $ - Water and Sewer Improvements
Account Number Funds Used to Date Program/Project Category Name
02067 $ 154,472.00 Water and Sewer Fund
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
5o,,,, Previous Ordinance or Resolution#
Depart a or Date"`fit``
J Original Contract Date:
"�• Original Contract Number:
orney Date
Finance and Internal Services Director Date Received in City 09-3'D— I 1 P03:5'] R C V D
Clerk's Office C6�
Chief of aff Date
Received in
Mayor's Office
ayor Me
Comments:
Revised January 15,2009
CITY COUNCIL AGENDA MEMO
Fay le
MEETING DATE OCTOBER 18,2011
THE CITY OF FAYETTEVILLE,ARKANSAS
nRMANSns
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Director \
Fayetteville Water, Sewer, and Solid ast Committee
Date: September 30, 2011
l
Subject: Approval of a cost-share and bid waiver in the approximate amount of$75,255.00, with NWA
Entertainment, LLC for Arkansas Music Pavilion Water Line Design and Construction.
RECOMMENDATION
City Administration recommends approval of an ordinance for a cost-share and bid waiver in the approximate
amount of$75,255.00 with NWA Entertainment, LLC for Arkansas Music Pavilion(AMP)water line design
and construction.
BACKGROUND
Water lines near the Northwest Arkansas Mall, the end of Steele Boulevard, and at the north end of Mall
Avenue are all dead end lines. These lines have long been identified to be looped at the next cost effective
opportunity. Looped lines are essential to meet the new EPA disinfectant by products rule, to provide optimum
flow, and to ensure the best possible water quality in the area.
DISCUSSION
The Arkansas Music Pavilion development will extend a water line from the end of Steele Boulevard, where it
meets the NWA Mall parking lot, along the south side of the parking lot to and through the development. It is
required for both domestic use and fire protection. This line will see regular use in the summer, but will not be
used in winter months when the AMP does not have events. The water in this line will become stagnant, and
will have to be regularly flushed, and will have to be flushed and tested prior to the first use each summer. A
better alternative is to extend the water line to the east, where it can loop with a dead end line on Mall Avenue.
The extension required by the City is actually a longer stretch of pipe than the lines required simply to serve the
needs of the AMP. Because the extension covers additional ground and involves a greater length of pipe, it is
appropriate for the City to bear a portion of the cost of both design and construction. This cost share agreement
reflects a 50% of the design and construction cost.
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 the work.
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701
ORDINANCE NO.
AN ORDINANCE WAIVING COMPETITIVE BIDDING AND APPROVING
A COST-SHARE AGREEMENT WITH NWA ENTERTAINMENT, LLC IN
THE AMOUNT OF $75,255.00 FOR WATER LINE DESIGN AND
CONSTRUCTION FOR THE ARKANSAS MUSIC PAVILION
WHEREAS, water lines near the Northwest Arkansas Mall, the end of Steele Boulevard,
and the north end of Mall Avenue are all "dead end" lines which have been identified by the City
to be looped at the next cost effective opportunity; and
WHEREAS, looped lines are essential to meet new EPA disinfectant by-products rules,
to provide optimum flow, and to ensure the best possible water quality in the area; and
WHEREAS, the Arkansas Music Pavilion (AMP) development will extend a water line
from the end of Steele Boulevard for domestic use and fire protection for seasonal use during
warm weather months; and
WHEREAS, unless the water line is looped, the water in the line will become stagnant
and require regular flushing and testing prior to use each season; and
WHEREAS, an extension of the water line to the east will permit the line to be looped
with a"dead end" line on Mall Avenue and alleviate this issue,
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 facts above constitute an exceptional situation in which competitive bidding is not deemed
practical or feasible and therefore waives formal competitive bidding and approves a cost-share
agreement with NWA Entertainment, LLC in the amount of $75,255.00 for design and
construction of a water line for the AMP.
PASSED and APPROVED this 18th day of October, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this UA0JA, 19, 2X IL, by and between the City
of Fayetteville, Arkansas and NWA Entertainment, LLC, Witne seth:
WHEREAS,NWA Entertainment, LLC, will be hiring an engineer for the design and a
contractor for the construction of the Arkansas Music Pavilion at the southwest corner of the
Northwest Arkansas Mall property; and
WHEREAS,there is an existing 8"water line on the west side of this site that connects
to the 8"main along Steele Blvd. The developer will be extending this 8"main through the
project site to provide service and fire protection to the Arkansas Music Pavilion development;
and
WHEREAS,there is an existing system of water mains that serves the businesses on
Mall Avenue, Steele Boulevard, and other businesses in the area. One such main ends
approximately 850 feet east of the Arkansas Music Pavilion development; another main ends
approximately 115 feet west of the proposed Arkansas Music Pavilion water main extension.
This entire network of mains create numerous dead ends; and
WHEREAS, it will benefit the City of Fayetteville to extend this 8"water main to
connect to the existing mains west and east of the development at the same time, designed by the
same engineer and installed by the same contractor. These extensions will create a loop in this
area and prevent numerous businesses, including the Mall, from having the water shut off in case
of a water main break, and will improve the long term water quality of service in the area.
NOW, THEREFORE,the City of Fayetteville and NWA Entertainment, 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 50% of the actual documented construction costs & engineering
costs for the 8" water main loop proposed with this development.
B. Pay a maximum-not-to-exceed cost of$75,255.00 for the afore mentioned
water main construction as was provided by NWA Entertainment, LLC
engineer and made a part of this agreement.
C. Reconsider the costs if the future and actual construction& engineering
prices exceed the maximum-not-to-exceed amount that was furnished by
NWA Entertainment, LLC. 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 NWA Entertainment, LLC within
thirty (30) days after receipt of the invoice(s)but cannot guarantee the
thirty day schedule.
2. NWA Entertainment, 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.
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 NWA
Entertainment, LLC 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
$75,255.00 for the water main installation.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVI .E NMEntertainmeC
By: ' By:
HONCLDJO , Mayor
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CONTRACTUAL AGREEMENT
This Agreement,made and entered into this , by and between the City
of Fayetteville, Arkansas and NW Entertainment, LLC,Witnesseth:
WHEREAS,NWA Entertai ent, LLC, will be hiring an enginee for the design and a
contractor for the construction of the rkansas Music Pavilion at the sou west corner of the
Northwest Arkansas Mall property; an
WHEREAS,there is an existing " water line on the west si of this site that connects
to the 8"main along Steele Blvd. The dev open will be extending t is 8"main through the
project site to provide service and fire prate ion to the Arkansas uric Pavilion development;
and
WHEREAS, there is an existing system of water mai that serves the businesses on
Mall Avenue, Steele Boulevard, and other busin ses in the rea. One such main ends
approximately 850 feet east of the Arkansas Musi Pavilio development; another main ends
approximately 115 feet west of the proposed Arkan as sic Pavilion water main extension.
This entire network of mains create numerous dead ; and
WHEREAS, it will benefit the City of Faye e 'Ile to extend this 8"water main to
connect to the existing mains west and east of the evel ment at the same time, designed by the
same engineer and installed by the same contrac r. Th extensions will create a loop in this
area and prevent numerous businesses, includi the all, from having the water shut off in case
of a water main break, and will improve the 1 ng term wate quality of service in the area.
NOW, THEREFORE, the City o ayetteville and A Entertainment, LLC agree as
follows:
1. Upon the City Council nd/or the Mayor approvin the Water Main Cost-Share,
the City of Fayettevil a agrees to:
A. Pay for 500 o of the actual documented constru tion costs & engineering
costs for e 8"water main loop proposed with his development.
B. Pay a aximum-not-to-exceed cost of$75,255.0 for the afore mentioned
water main construction as was provided by NWA ntertainment, LLC
engineer and made a part of this agreement.
C. R6consider the costs if the future and actual construct n & engineering
prices exceed the maximum-not-to-exceed amount tha was furnished by
NWA Entertainment, LLC. 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 NWA Entertainment, LLC within
thirty(30) days after receipt of the invoice(s)but cannot guarantee the
thirty day schedule.
2. NWA Entertainment, LLC agrees to: '
A. Provide th necessary and normal project management, inspection, and
testing as n essary for a complete and acceptable water main installation.
B. Provide a copy f the invoice(s) from the Contractor and a completed lien
waiver execut4by the Contractor upon acceptance of the water main
installation.
C. Not proceed with th�proposed construction unless/until the proposed
contractual agreement is approveAy the City Council and/or the Mayor.
3. It is further understood that the contract for construction is between NWA
Entertainment, LLC and his Contractor and that the City has no contractual
obligation with either the ContractoV/or the Engineer. The City's only obligation
shall be to participate in a contrac�al agreement with a not-to-exceed amount of
$75,255.00 for the water main installation.
f'
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE,WE
SIGN BELOW:
CITY OF FAYETTEVILLE NWA Entertainment, LLC
i
By: !� By:
LIONELD JORDAN, Mayor
i
1
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSAS TIMES
NEWSPAPERSLLC BENTON COUNTY DAILY RECORD
212 NORTH EASTAVENUE,FAYETTEVILL.E,ARKANSAS 72701 1 P.O,BOx 1607.72702 1 479.442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the RECEIVED
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation, NOV 0 9 2011
that from my own personal knowledge and reference to the files CITY OF FAYETTEVILLE
of said publication, the advertisement Of: CITY CLERK'S OFFICE
City of Fayetteville
Ordinance 5454
Was inserted in the Regular Editions on:
October 27, 2011
ORDINANCE NO. 5454
AN ORDINANCE WAIVING COMPETITIVE BIDDING
AND APPROVING ACOST-SHARE AGREEMENT
WITH NWA ENTERTAINMENT,LLC IN THE AMOUNT
Publication Charges: $77.82 OF $75,255.00 FOR WATER LINE DESIGN AND hsK�ns�s
CONSTRUCTION FOR THE ARKANSAS MJSIC
PAVILION
WHEREAS,water fines now the Northwest Arkansas Mall,the end Of Steele Boulevard,and
the north end of Mall Avenue are all"dead end"lines which have been identified try the City
to be,4Zoped a1 the next cost effective opportuNtY;and
WHEREAS,looped%nes are essential to meet new EPA disinfectant bY-pfOducts ndes,to
provide optimum11ars to ensure the best possible water quality in the area;and 1 y►lJ.l/fllV'1fVll1�/_/'^l WHEREAS,the Arkar*a nsas Music Pavilion(AMPI development will extend a water line from
the end of Steele Boulevard for domestic use and fire protection for seasonal use during
warm weather months;and
WHEREAS,unless the water line is looped,the water in the line AD become stagnant,and
CathWiles require regular flushing and testing prior to use each season;and
y WHEREAS,an extwGion of the water line to the east will permit the fine to be looped with a
'dead end'line on Mall Avenue and aUrvlate this issue,
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYEITEVILLE,ARKANSAS.
Section 1.That the City Council Of the Oty Of FeyetlAviAe,Arkansas hereby determines the
facts above constitute an exceptional situation in which competitive bidding is not deemed
practloal cr feasible and therefore waives formal competitive bidding and approves a c=-
share agreement with NWA Entertainment,LLC 0 the amount of$75,255.00 for design and
Subscribed and swo to b�jfore me construction of a water line for the AMP.
This y 'til PASSED ars APPROVED this 1&h day of Octobe+.2011.
!.7/�da Of 6't , ZO 11. APPROVED; ATTEST:'
LIONELD JORDAN,Maya SONDRA E.SMITH,City C7erWTreasrrer
otary Public
My Commission Expires:
SANDRA E.SCKAC KERBAUER
BENTON COUNTY
NOTARY PUBLIC-ARKANSAS
My Con mml on Empire A Apr9 M 2017
Commr-zlon No.12390121
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.