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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 ,+titi111f11111►11 •``'�,RwTRER''r. Y ❑`C'v o��r ;FAYETC EVILLE° ° J ■�e a 'rrrrol�GT0 103e��. 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 e _ 4.� rl�� f i i �•� ' � 6 j 4 i•.Z j / • w �r � ri�. {LLL F � ` -# � �: 777 y„a � _ _• S' •. � ��+�. .� v !fir - r• a �'"., -.—__..tL+ Ly c risr . A • OF FAYETTEVILLE s ■ a ■ ■ 1 1 • ■�• Crofton BIT `, f r 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.