HomeMy WebLinkAbout226-05 RESOLUTIONRESOLUTION NO. 226-05
A RESOLUTION APPROVING A CHANGE ORDER
TO THE COST -SHARE AGREEMENT WITH NOCK
INVESTMENTS, LLC IN AN AMOUNT NOT TO
EXCEED $46,861.31 FOR IMPROVEMENTS TO THE
INTERSECTION OF PERSIMMON STREET AND
RUPPLE ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Change Order to the cost -share agreement with Nock
Investments, LLC in an amount not to exceed $46,861.31 for improvements to the
intersection of Persimmon Street and Rupple Road.
PASSED and APPROVED this 6th day of December, 2005.
ATTEST:
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By: /1 )
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, May
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CONTRACTUAL AGREEMENT
This Agreement, made and entered into this, fv Uc, , by and between the City
of Fayetteville, Arkansas and Nock Investments, LL tnesseth:
WHEREAS, Nock Investments, LLC, developed a 260 lot residential at the northwest
corner of Persimmon Street and Rupple Road; and
WHEREAS, the City of Fayetteville and Nock Investments, LLC entered into a cost
share agreement for $119,998.86 for the expansion of the intersection of Persimmon Street and
Rupple Road; and
WHEREAS, revisions have been made to the roadway section and alignment, including
the addition of a raised median that creates a boulevard section along Rupple Road; and
WHEREAS, the revisions have been estimated to have an additional cost for the City's
portion of $46,861.31; and
NOW, THEREFORE, the City of Fayetteville and Nock Investments, LLC agree as
follows:
1. Upon the City Council and/or the Mayor approving the Change Order Agreement
the City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the
additional work for the Rupple Road Intersection.
B. Pay a maximum -not -to -exceed cost of $46,861.31 for the additional
intersection construction as was provided by Nock Investments, LLC and
made a part of this agreement.
C. Reconsider the costs if the future and actual construction prices exceed the
maximum -not -to -exceed amount that was furnished by Nock Investments,
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 Nock Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
Nock Investments, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable street intersection
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 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.
It is further understood that the contract for construction is between Nock
Investments, 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
$46,861.31 for the additional intersection improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE
By:
D COODY, Mayor
Nock Inv/ stments, LLC
By: i1
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this (al W Q f
of Fayetteville, Arkansas and Nock Investments, LLC,Witnesseth:
, by and between the City
WHEREAS, Nock Investments, LLC, developed a 260 lot residential at the northwest
comer of Persimmon Street and Rupple Road; and
WHEREAS, the City of Fayetteville and Nock Investments, LLC entered into a cost
share agreement for $119,998.86 for the expansion of the intersection of Persimmon Street and
Rupple Road; and
WHEREAS, revisions have been made to the roadway section and alignment, including
! the addition of a raised median that creates a boulevard section along Rupple Road; and
WHEREAS, the revisions have been estimated to have an additional cost for the City's
portion of $46,861.31; and
NOW, THEREFORE, the City of Fayetteville and Nock Investments, LLC agree as
follows:
1. Upon the City Council and/or the Mayor approving the Change Order Agreement
the City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the
additional work for the Rupple Road Intersection.
B. Pay a maximum -not -to -exceed cost of $46,861.31 for the additional
intersection construction as was provided by Nock Investments, LLC and
made a part of this agreement.
C. Reconsider the costs if the future and actual construction prices exceed the
maximum -not -to -exceed amount that was furnished by Nock Investments,
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 Nock Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. Nock Investments, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and
testing as necessary for a complete and acceptable street intersection
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 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.
It is further understood that the contract for construction is between Nock
Investments, 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
$46,861.31 for the additional intersection improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE
By:
DAN COODY, Mayor
Nock estments, LLC
By:
City of Fayetteville
Change Order No. 1
Project Title: Rupple and Persimmon Intersection Cost -Share
Contract Date 12/6/05
Developer: Nock Investment, LLC
The following changes are hereby made to the contract documents:
Change the City's share of the cost share agreement from $119,998.86 to $166,860.17.
This is an increase of $46,861.31.
Justification:
Revisions have been made to the roadway section and alignment including the addition
of a raised median that creates a boulevard section along Rupple Road.
Original Contract Price:
This C.O. will increase contract by:
The new contract price will be:
APPROVALS REQUIRED
$ 119,998.86
$ 46,861.31
$ 166,860.17
To be effective this change order must be approved by the Owner if it changes the
scope or objective of the project, or as may otherwise be required under the terms of
the General Conditions of the Contract.
Recommended By Matt ase Date 12/6/05
1
Approved by Developer
Approved by Mayor
Date
Matt Casey
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
6 -Dec -05
City Council Meeting Date
Engineering
Division
Action Required:
/z/6105
02ct
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LL G G -DW
Operations
Department
Approval of a change order in the amount of $46,861.31 to an approved cost share agreement with Nock
Investments, LLC for improvements to the intersection of Rupple Road and Persimmon Street.
$46,861.31
Cost of this request
4470.9470.5809.00
02116
Project Number
Budgeted Item
x
449,448.35
Category/Project Budget
227,937.41
Funds Used to Date
221, 510.94
Remaining Balance
Budget Adjustment Attached
Street ROW / Intersection /
Cost Sharing
Program Category / Project Name
Street Improvements
Program / Project Category Name
Sales Tax
Fund Name
Depa tment Di -ctor
TQ WNL
City Attorney
lif
Finance end Internal Service Director
Mayor
ll iatfl�
Date
rr1rg1c>�-
Date
/2/2 "Y
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City Clerk's Office
E•
Comments:
City Council Meeting of December 6, 2005
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer Ve
Date: November 15, 2005
Subject: Change Order in the amount of $46,861.31 to a cost share agreement with
Nock lnvestmenst, LLC for improvements to the intersection of Persimmon
Street and Rupple Road.
RECOMMENDATION
Staff recommends approval of a change order to the approved cost share with Nock
Investments, LLC in the amount of $46,861.31.
BACKGROUND
The originally approved plans for Rupple Row subdivision allowed for a two-lane
roadway section along Persimmon Street at the intersection with Rupple Road. With
subsequent development plans in the area by Terminella and Associates and by the
Fayetteville Public School District, the City Council Street Committee on October 28,
2004, determined that Persimmon Street needs to be widened to three lanes and Rupple
Road widened to five lanes at this intersection, including transitional sections and
pedestrian crosswalks in compliance with the Master Street Plan. On March 15, 2005 the
City Council approved a resolution to cost -share with Nock Investments, LLC for the
additional improvements.
Since that time, revisions have been made to the roadway section and alignment
including the addition of a raised median that creates a boulevard section along Rupple
Road. The City Council Street Committee has been presented with these revisions and
has determined that the changes be forwarded to the City Council for approval.
DISCUSSION
Construction estimates have been provided to the City for these improvements by
Jorgensen and Associates, the engineer of record, as follows:
1
City Council Meeting of December 6, 2005
ORIGINAL COST SHARE
Developer's Share $130,575.50
City's Share $119,998.86
Total $250,574.36
REVISED COST SHARE
Developer's Share $130,575.50
City's Share $166,860.17
Total $297,435.67
These estimates show an increase in the City's share of the improvements in the amount
of $46,861.31.
BUDGET IMPACT
Project #02116 (Street ROW / Intersection / Cost Sharing) will be charged the
$46,861.31 necessary for this change order. As of this date, there is a balance of
$221,510.94 in this account.
The final costs to the City will be based upon actual costs as documented by the Nock
Investments, LLC subject to review by the City and may, or may not exceed the
submitted estimate. However, the City's share will not exceed the estimate without
additional authorization.
2
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RESOLUTION NO.
A RESOLUTION APPROVING A CHANGE ORDER
TO THE COST -SHARE AGREEMENT WITH NOCK
INVESTMENTS, LLC IN AN AMOUNT NOT TO
EXCEED $46,861.31 FOR IMPROVEMENTS TO THE
INTERSECTION OF PERSIMMON STREET AND
RUPPLE ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Change Order to the cost -share agreement with Nock
Investments, LLC in an amount not to exceed $46,861.31 for improvements to the
intersection of Persimmon Street and Rupple Road.
PASSED and APPROVED this 6th day of December, 2006.
APPROVE&
DAN
Mayor
ORDINANCE NO. 4685
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A
COST -SHARE AGREEMENT WITH NOCK INVESTMENTS,
LLC IN AN AMOUNT NOT TO EXCEED $119,998.86 FOR
IMPROVEMENTS TO THE INTERSECTION OF PERSIMMON
STREET AND RUPPLE ROAD
WHEREAS, entering into a cost -share agreement with Nock Investments, LLC and
utilizing their engineer and contractor 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 agreement with Nock Investments, LLC in an amount not to exceed
$119,998.86 for improvements to the intersection of Persimmon Street and Rupple Road
PASSED AND APPROVED this 15th day of March 2005.
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;FAYETTEVILLE•
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ATTEST:
By:
afitzlfr-to maw.,
SONDRA SMITH, City Clerk
APPROVED:
By:
D • N COODY, Mayor
City Council Meeting of March 15, 2005
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru:-Gary Dumas, Operations Direc
From: Gary Coover, Staff Engineer
Date: February 23, 2005
•
Subject: Resolution to approve a cost share and bid waiver in the amount of $119,998.86
with Nock Investments, LLC, for improvements to the intersection of
Persimmon Street and Rupple Road.
RECOMMENDATION
The staff recommends approval of the cost share with Nock Investments, LLC, in the
amount of $119,998.86.
BACKGROUND
The originally approved plans for Rupple Row subdivision allowed for a two-lane
roadway section along Persimmon Street at the intersection with Rupple Road. With
subsequent development plans in the area by Terminella and Associates and by the
Fayetteville Public School system, the City Council Street Committee on October 28,
2004, determined that Persimmon Street needs to be widened to three lanes and Rupple
Road widened to five lanes at this intersection, including transitional sections and
pedestrian crosswalks in compliance with the Master Street Plan.
DISCUSSION
The developer's original cost to improve this intersection is $130,575.50. The additional
cost for the revised and expanded intersection is $119,998.86 including engineering,
surveying, construction and inspection.
BUDGET IMPACT
This $119,998.86 expenditure will be included in the 2005 CIP budget as part of Project
#02116 (Street ROW / Intersection / Cost Sharing). Once the 2004 fund balances are re -
budgeted on March 1, the current fund balance in this project will be $449,448.35.
# # #
1
D41)
3j X5/05
cPb3i
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this Migitth , 2005, by and between
the City of Fayetteville, Arkansas and Nock Investments, LLC, Witnesseth:
WHEREAS, Nock Investments, LLC is in the process of constructing a portion of the
Rupple Road and Persimmon Street Intersection.
WHEREAS, The City is interested in widening the intersection to allow for a five lane
street for the future of the Rupple Road Corridor.
WHEREAS, entering into a cost -share agreement with Nock Investments, LLC and
utilizing their engineer and contractor will avoid the added cost and unnecessary duplication of
effort which would arise from the formal competitive bidding process.
NOW, THEREFORE, the City of Fayetteville and Nock Investments, LLC agree as
follows:
Upon the City Council approving the Street Improvement Cost -Share & Bid
Waiver, the City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the
widening of the Persimmon/Rupple intersection from two lanes to five
lanes with divided boulevard.
Pay a maximum -not -to -exceed cost of $119,998.86 for the afore
mentioned street construction as was provided by Nock Investments, LLC
and made a part of this agreement.
C. Reconsider the costs if the future and actual construction prices exceed the
maximum -not -to -exceed amount that was furnished by Nock Investments,
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 Nock Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. Nock Investments, 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 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 Nock
Investments, 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
$119,998.86 for the street construction.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF F ETTEVILLE Nock( vestme.ts, LLC
By:
DIN COODY, Mayor
By:
Clarice Pearman - Nock cost-share agreement Page 1
From: Clarice Pearman
To: Casey, Matt
Subject: Nock cost -share agreement
Matt,
The City Council passed the your item December 6th. There is not a signed change order to attached to
the resolution. Please see that I get a signed change order to continue processing your resolution.
Thanks.
Clarice
CC: Smith, Sondra
Clarice Pearman - Re: Nock cost -share a. reement Pam,
From: Clarice Pearman
To: Casey, Matt
Subject: Re: Nock cost -share agreement
That s fine. I just need the signed agreement for the cost share to continue processing. I'll attach your
email stating there is no change order just the agreement. Please let me know when I might expect to
receive the agreement.
Thanks.
Clarice
»> Matt Casey 12/09/05 10:56AM »>
Clarice
We were not planning on doing the normal change order document like we would for a CIP project. This
is just a simple agreement for a cost share.
Matt
»> Clarice Pearman 12/08/05 09:07AM »>
Matt,
The City Council passed the your item December 6th. There is not a signed change order to attached to
the resolution. Please see that I get a signed change order to continue processing your resolution.
Thanks.
Clarice
Clarice Pearman - Re: Nock cost -share agreement Page 1
From: Clarice Pearman
To: Casey, Matt
Date: 12/9/05 2:03PM
Subject: Re: Nock cost -share agreement
The resolution passed by City Council approves a change order to the cost -share agreement with Nock in
the amount of $46,861.31. I need some document signed by Nock and the City agreeing to this. Please
see the city attorney's office and make it clearer. I believe an addendum is needed for this agreement.
»> Matt Casey 12/09/05 11:42AM »>
The original agreement should be included in the council packet. We are just amending the amount.
»> Clarice Pearman 12/09/05 11:12AM »>
That's fine. I just need the signed agreement for the cost share to continue processing. I'll attach your
email stating there is no change order just the agreement. Please let me know when I might expect to
receive the agreement.
Thanks.
Clarice
»> Matt Casey 12/09/05 10:56AM »>
Clarice,
We were not planning on doing the normal change order document like we would for a CIP project. This is
just a simple agreement for a cost share.
Matt
»> Clarice Pearman 12/08/05 09:07AM »>
Matt,
The City Council passed the your item December 6th. There is not a signed change order to attached to
the resolution. Please see that I get a signed change order to continue processing your resolution.
Thanks.
Clarice
Clarice Pearman - Re: Nock cost -share agreement Page 1
From: Matt Casey
To: Pearman, Clarice
Date: 12/9/05 11:42AM
Subject: Re: Nock cost -share agreement
The original agreement should be included in the council packet. We are just amending the amount.
»> Clarice Pearman 12/09/05 11:12AM »>
That's fine. I just need the signed agreement for the cost share to continue processing. I'll attach your
email stating there is no change order just the agreement. Please let me know when I might expect to
receive the agreement.
Thanks.
Clarice
»> Matt Casey 12/09/05 10:56AM »>
Clarice,
We were not planning on doing the normal change order document like we would for a CIP project. This is
just a simple agreement for a cost share.
Matt
»> Clarice Pearman 12/08/05 09:07AM »>
Matt,
The City Council passed the your item December 6th. There is not a signed change order to attached to
the resolution. Please see that I get a signed change order to continue processing your resolution.
Thanks.
Clarice