HomeMy WebLinkAboutOrdinance 4831 ORDINANCE NO. 4831
AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVING A COST-SHARE
AGREEMENT WITH BMW INVESTMENTS, LLC IN AN AMOUNT
NOT TO EXCEED $535,934.80 FOR THE WIDENING OF RUPPLE
ROAD ADJACENT TO THE CLABBER CREEK SUBDIVISION,
PHASES 3, 4 AND 5.
WHEREAS, the City Council Street Committee voted to forward to the City Council the recommendation
for a cost share agreement to widen approximately 1,635 linear feet of Rupple Road to a four-lane boulevard;
WHEREAS, entering into a cost-share agreement with BMW 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 BMW Investments, LLC in an
amount not to exceed $535,934.80 for the widening of approximately 1,635 linear feet of Rupple Road to a four-lane
boulevard adjacent to the Clabber Creek Subdivision, Phases 3, 4 and 5.
TR:'
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PASSED and APPROVED this 21st day of February, 2006. .ZCJ
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APPROVED: ATTEST: _ ; FAYETTEVILLE ;
��gs.9�,kANSPCOJ�';'
By: By: 70N
DAN O DY, Mayor SO DRA SMITH, City Clerk
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this MN&N 204'�a2O6,� by and between the
City of Fayetteville, Arkansas and BMW Investments, LLC, Witnesseth:
WHEREAS, BMW Investments, LLC is constructing a 256 lot residential subdivision on
the west side of Rupple Road north of Clabber Creek.; and
WHEREAS, The developer will be constructing street and bridge improvements along
Rupple Road to serve the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade these portions of roadway
to accommodate future traffic needs. These upgrades will include a boulevard section along
Rupple Road and four travel lanes across the proposed bridge; and
NOW, THEREFORE, the City of Fayetteville and BMW Investments, LLC agree as
follows:
1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the
City of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the upsizing
of Rupple Road.
B. Pay a maximum-not-to-exceed cost of $535,934.80 for the afore
mentioned street and bridge construction as was provided by H2
Engineering, Inc. 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 H2 Engineering,
Inc. 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 BMW Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. BMW 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 street
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 BMW
Investments, LLC and their 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
$535,934.80 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY ZETTEVILLE BMW Investments, LLC
By: By
—
DAN COODY, Mayor 6
City of Fayetteville
Staff Review Form
City Council Agenda Items 13A) �q
or Lj� 40o
Contracts
7-Feb-06
City Council Meeting Date
Matt Casey Engineering Operations
Submitted By Division Department
Action Required:
Approval of a cost share and bid waiver in the amount of $535,934.80 with BMW Investments, LLC for the widening
of Rupple Road to a 4-lane boulevard section.
FStreet ROW / Intersection /
$535,934.80 Fs 232213510.94 Cost Sharing
Cost of this request Category/Project Budget Program Category / Project Name
4470.9470.5809.00 $ 661 ,316.91 Street Improvements
Funds Used to Date Program / Project Category Name
02116 $ 1 ,560, 194.03 Sales Tax Capital Improvements
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
'Department Director Date Original Contract Date:
Original Contract Number:
City Attorney
` Received in City �1r1RO e
/tf 2 7 /9
Finance/and Internal Service Director D e
Received in Mayors Office
J2
-L
Mayor / Date
Comments:
7/1%
City Council Meeting of February 7, 2006
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer Y"
Date: January 17, 2006
Subject: Proposed Street Cost Share in the amount of $535,934.80 with BMW
Investments, LLC for the widening of Rupple Road adjacent to the Clabber
Creek Subdivision Phases 3, 4 and 5.
RECOMMENDATION
Staff recommends approval of a bid waiver and a cost share with BMW Investments,
LLC for the widening of approximately 1635 LF of Rupple Road to a four lane
boulevard.
BACKGROUND
On September 27, 2004, the Planning Commission approved the preliminary plat for
Clabber Creek Phases 3, 4 and 5 . The originally approved plans for the subdivision
allowed for a three-lane roadway section along Rupple Road adjacent to the development
and extending south across Clabber Creek to connect with the existing Rupple Road. The
City of Fayetteville has been working on a street bond issue that would include the
construction of Rupple Road as a minor arterial street. On March 10, 2005, the City of
Fayetteville Street Committee recommended approval to cost-share with the developers
to widen Rupple Road from the 36' in width to a minor arterial section in width. On
October 6, 2005 the City of Fayetteville Street Committee agreed on the street cross
section and alignment to be used for Rupple Road. On January 12, 2006, the City of
Fayetteville Street Committee was presented with actual bid costs for the construction of
Rupple Road. The committee recommended approval of the cost share with the
developer.
DISCUSSION
Construction bids have been provided to the City for these improvements by H2
Engineering, Inc., the engineer of record, as follows:
RUPPLE RD. COST SHARE
Developer's Share $194929337.07
City's Share $ 5354934.80
Total $2,0289271 .87
1
City Council Meeting of February 7, 2006
BUDGETIMPACT
Project #02116 (Street ROW / Intersection / Cost Sharing) will be charged the
$535,934.77 necessary for this cost share. With the approved 2006 CIP, $2,000,000 was
budgeted for the street cost sharing program.
The final costs to the City will be based upon actual costs as documented by the BMW
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
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF
FORMAL COMPETITIVE BIDDING AND APPROVING A COST-
SHARE AGREEMENT WITH BMW INVESTMENTS, LLC IN AN
AMOUNT NOT TO EXCEED $535,934.80 FOR THE WIDENING
OF •RUPPLE ROAD ADJACENT TO THE CLABBER CREEK
SUBDIVISION, PHASES 3, 4 AND 5 .
WHEREAS, the City Council Street Committee voted to forward to the City Council the
recommendation for a cost share agreement to widen approximately 1 ,635 linear feet ofRupple Road
to a four-lane boulevard;
WHEREAS, entering into a cost-share agreement with BMW 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 BMW Investments, LLC in an amount not to exceed $535,934.80-for Yh wii# ning
of approximately 1 ,635 linear feet of Rupple Road to a four-lane boulevard jc mito he Clabber
Creek Subdivision, Phases 3, 4 and 5 .
PASSED AND APPROVED this 7h day of February, 200 j
OVED:
B
AN\C ODSNfayor
ATTEST
By:
S61qDRA S ` i 11,4ity Clerk
J.
< H�
ENQINEER$NC. INC.
SUMMARY OF RUPPLE ROAD ESTIMATED CONSTRUCTION COSTS
Rupple Road Extension
Street Construction & Creek Crossing
Minor Arterial w/ 186 ft Bridge $ 2,028,271 .87
Collector w/ 186 ft Bridge $ 11492,337.07
Variance $ 535,934.80
DEVELOPER OBLIGATION $ 11492,337.07
CITY OBLIGATION $ 535,934.80
Rupple Road Extension
Street Construction Only
Minor Arterial - Street Only $ 1 ,182,252.72
Collector - Street Only $ 883,818.95
CITY OBLIGATION - STREET CONSTRUCTION: $ 298,433.77
Rupple Road Extension
Bridge Only
Minor Arterial - Bridge Only $ 846,019.15
Collector - Bridge Only $ 608,518. 12
CITY OBLIGATION - BRIDGE CONSTRUCTION: $ 2379501.02
V 2
t ainstRSNG6 INC,
RUPPLE ROAD - MINOR ARTERIAL
Construction Cost Estimate
STREET CONSTRUCTION • MINOR ARTERIAL BOULEVARD SECTION
TOTAL r
DESCRIPTION UNIT QUANTITY COST / Unit COST
Engineering Design / REVISIONS / Surveying LS 1 $ 49,675.00 $ 49,675.00
Construction Management (5% Street Const) LS 1 $ 49,969.29 $ 49,969.29
Mobilization LS 1 $ 27,500.00 $ 27,500.00
Clear I Grub (90 ft ROW) Ac 3.41 $ 7,500.00 $ 25.568.18
Cut CY 8442 $ 6.00 $ 50.652.00
FIII Material (In-Place CRY) TY 15453 $ 13.50 $ 208,615.50
Grading LF 1468 $ 5.50 E 8.074.00
Final Shaping LF 1468 $ 7.00 $ 10,276.00
Pavement Section 6736/2' SY 8093 $ 26.83 $ 217,135.19
Curb Cut / Prep LF 3808 $ 3.00 $ 11,424.00
Backfill Curbs LF 3808 $ 4.00 $ 15,232.00
Curb & Gutter LF 3808 $ 8.50 $ 32,368.00
Storm sewer crossing - 24• RCP LF 62 $ 75.00 $ 4.650.00
Storm Sewer Installation LF 3141 E 91.68 $ 287,966.88
Articulated Block Wall ® Alley LF 240 E 47.50 $ 11,400.00
Handrail LF 240 $ 25.00 $ 6,000.00
Silt Fence LF 1000 $ 4.00 $ 4,000.00
Tree Fencing LF 2000 $ 7.00 $ 14,000.00
6.0 Sidewalk LF 2793 $ 18.00 $ 50,274.00
10-ft Asphalt Path LF 0
Truncated Domes SF 200 $ 50.00 $ 10.000.00
Handicap Crossings EA 17 $ 250.00 $ 4,250.00
Contingency (5%) LS 1 $ 48,594.29 $ 48.594.29
Testing LS 1 $ 10,000.00 $ 10,000.00
Bonds, Permits, Insurance LS 1 $ 24,628.39 $ 24,628.39
TOTAL • STREET CONSTRUCTION MINOR ARTERIAL E 1,182,252.72
BRIDGE CONSTRUCTION - 186 FT X 59.5 FT
TOTAL
DESCRIPTION UNIT QUANTITY COST / Unit COST
COE - Sec 404 Nationwide Permit LS 1 $ 18,925.00 $ 18,925.00
Hydrologic Analysis LS 1 $ 13,062.50 $ 13,062.50
Bridge Design LS 1 $ 22,857.50 $ 22,857.50
Bridge Modifications - Pedestrian Trail LS 1 $ 2,085.00 $ 2,085.00
Post-Development LOMR LS 1 $ 23,000.00 $ 23,000.00
General Site Work / Misc LS 1 $ 50,000.00 $ 50,000.00
Grading LS 1 $ 44,000.00 $ 44,000.00
Erosion Control LS 1 $ 20,000.00 $ 20,000.00
Mitigation LS 1 $ 52,000.00 $ 52,000.00
Precast Bridge Sections (31'x3.5' Panels) FA 102 $ 2,233.56 $ 227,823.00
Installation of Bridge Panels EA 102 $ 500.00 $ 51,000.00
Bents EA 5 $ 32,500.00 $ 162,500.00
Abutments EA 2 $ 50,000.00 $ 100,000.00
Staking / Inspection / Testing LS 1 $ 23.400.00 $ 23,400.00
Contingency (5%) LS 1 $ 35,366.15 $ 35,366.15
TOTAL - BRIDGE CONSTRUCTION MINOR ARTERIAL S 848019.15
PROJECT TOTAL MINOR ARTERIAL ,028,271.87
c ■ 2
aMOtNaaRilt4lq IN4A
RUPPLE ROAD - COLLECTOR
Construction Cost Estimate
STREET CONSTRUCTION - COLLECTOR 36' 8.8
TOTAL
DESCRIPTION UNIT QUANTITY COST / Unit COST '>•
Engineering Design / Surveying - Rupple LS 1 $ 19.700.00 $ 19,700.00
Construction Management (5% Street Const) LS 1 $ 38,102.12 $ 38,102.12
Mobilization LS 1 $ 25,000.00 $ 25,000.00
Clear I Grub (90 If ROW) Ac 3.03 $ 7,500.00 $ 22,727.27
Cut CY 5556 $ 6.00 $ 33,336.00
Fill Material (in-Place Oty) CY 8248 $ 13.50 $ 111 ,348.00
Grading LF 1468 $ 3.00 $ 4,404.00
Final Shaping LF 1468 $ 4.00 $ 5.872.00
Pavement Section 67372' SY 5205 $ 26.83 $ 139.650.15
Curt Cut / Prep LF 2928 $ 3.00 $ 8,784.00
Backfill Curbs LF 2928 $ 4.00 $ 11,712.00
Curb B Gutter LF 2928 $ 8.50 $ 24,888.00
Storm sewer crossing - 24' RCP LF 36 $ 75.00 $ 2,700.00
Stone Sewer Installation LF 3141 $ 91 .68 $ 287,966.88
Articulated Block Wall @ Alley LF 0 $ - $ -
Handrail LF 0 $ - $ -
Silt Fence LF 1000 $ 4.00 $ 4,000.00
Tree Fencing LF 2000 $ 7.00 $ 14,000.00
6-ft Sidewalk LF 2228 $ 18.00 $ 40,104.00
10-ft Asphalt Path LF 565 $ 20.00 $ 11,300.00
Truncated Domes SF 200 $ 50.00 $ 10.000.00
Handicap Crossings EA 17 $ 250.00 $ 4,250.00
Contingency (5%) LS 1 S 40.279.72 $ 40,279.72
Testing LS 1 $ 5,000.00 $ 5,000.00
Bonds, Permits, Insurance LS 1 $ 18.694.81 $ 18,694.81
TOTAL - STREET CONSTRUCTION ICOLLECTORI $ 883818.95
BRIDGE CONSTRUCTION - 186 FT X 38.5 FT
TOTAL
DESCRIPTION UNIT QUANTITY COST / Unit COST
COE . Sec 404 Nationwide Permit LS 1 $ 15,395.00 $ 15,395.00
Hydrologic Analysis LS 1 $ 11,250.00 $ 11 ,250.00
Bridge Design LS 1 $ 14,975.00 $ 14,975.00
Bridge Modifications - Pedestrian Trail LS 1 $ - $ -
Post-Development LOMR LS 1 $ 23,000.00 S 23,000.00
General Site Work / Misc LS 1 $ 40,000.00 $ 40,000.00
Grading LS 1 $ 40,OOOAO $ 40,000.00
Erosion Control LS 1 $ 20,000.00 $ 20,000.00
Mitigation LS 1 $ 40,000.00 $ 40,000.00
Precast Bridge Sections (31'x3.5' Panels) FA 66 $ 2,233.56 $ 147,414.88
Installation of Bridge Panels EA 66 $ 500.00 $ 33,000.00
Bents EA 5 $ 22,750.00 $ 113,750.00
Abutments EA 2 $ 35,000.00 $ 70,000.00
Staking / Inspection / Testing LS 1 $ 14,525.00 $ 14,525.00
Contingency (5%) LS 1 $ 25,208.24 $ 25,208.24
TOTAL - BRIDGE CONSTRUCTION COLLECTOR $ 608518.12
PROJECT TOTAL MINOR ARTERIAL a $ 1,492,337.07
CONTRACTUAL AGREEMENT
This Agreement, made and entered into this by and between the City
of Fayetteville, Arkansas and BMW Investments, LLC, Witnesseth:
WHEREAS, BMW Investments, LLC is constructing a 256 lot residential subdivision on
the west side of Rupple Road north of Clabber Creek.; and
WHEREAS, The developer will be constructing street and bridge improvements along
Rupple Road to serve the development; and
WHEREAS, it will benefit the City of Fayetteville to upgrade these portions of roadway
to accommodate future traffic needs. These upgrades will include a boulevard section along
Rupple Road and four travel lanes across the proposed bridge; and
NOW, THEREFORE, the City of Fayetteville and BMW Investments, LLC agree as
follows:
1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the City
of Fayetteville agrees to:
A. Pay for 100% of the actual documented construction costs for the upsizing
of Rupple Road.
B. Pay a maximum-not-to-exceed cost of $535,934.80 for the afore
mentioned street and bridge construction as was provided by H2
Engineering, Inc. 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 H2 Engineering,
Inc. 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 BMW Investments, LLC within
thirty (30) days after receipt of the invoice(s) but cannot guarantee the
thirty day schedule.
2. BMW 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 street
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 BMW
Investments, LLC and their 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
$535,934.80 for the street upgrade.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
CITY OF FAYETTEVILLE BMW Investments, LLC
By: By:
DAN COODY, Mayor
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REQUEST FOR VENDOR FILE MAINTENANCE
(CHECK ALL AVAILABLE RESOURCES, VENDOR LIST, ACCESS
SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST)
DATE OF REQUEST: 1/18/05
REQUESTED BY: Matt Casey, 2119
DEPT./DIVISION: Operations/Engineering EFFECTIVE DATE: ASAP
TELEPHONE EXTENSION: 429
NEW VENDOR: ✓I VENDOR CHANGE: II VENDOR RE-ENTRY: I
VENDOR #: VENDOR #:
VENDOR NAME: BMW Investments, LLC
STREET OR P.O. BOX: P.O. Box 6485
CITY: Springdale
Al I: Bleaux Barnes
E -Mail
STATE: AR
REMITTANCE ADDRESS IF DIFFERENT FROM ABOVE:
NAME:
ADDRESS:
CITY. ST. ZIP:
FEDERAL ID
OR
SOCIAL
0863073
ZIP CODE: 72766
PHONE: 750-9100
Fax #
TYPE OF ORGANIZATION
CORPORATION (100): 0✓
PARTNERSHIP
(2001: 1
INDIVIDUAL
(3001: II
EMPLOYEE
(4001:
PENSION
(5001: II
NON-PROFIT
(6001: II
PURCHASING OFFICE USE ONLY
NEW VENDOR: ENTERED BY:
VENDOR CHANGES:
VENDOR RE-ENTRY:
W-9 FORM MAILED:
DATE:
G. L. FILE:
INVENTORY FILE:
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Drawn b . PMM
Horiioeial Scale: 1'•60'
Verlfcal Scale: 1'.iO
Dale: 24JUN05
H2 Pro ect Number: 05-003
AeAslons:
15SEP05 MODIP(TMNSITIONS & STACIONG
060GT05 REMOVE OLD EAST PL. UPDATE
TEXT. UPDATE STORM SEWER LOCATIONS
V'
ENGINEERING, INC.
2758 MILLENNIUM DRIVE
Suite 1
FAYETTEVILLE. ARKANSAS
PHONE: (479) 582-HZEI
FAX: (479) 582-9254
gmw T►�
Statement to City Council Regarding the Rupple Road Cost Share
My name is Rob Scott. I am a resident of the Salem Village and a member of the
Salem Village neighborhood association board. With my wife Shannon and two small
children, Charlie and Clara, I live on 2701 Whit Lane immediately adjacent and east of
Clabber Creek 3,4,5 and the extension and expansion of Rupple Road to a four lane
boulevard.
Along with my neighbors, my wife and I have very great concerns about the
current from Rupple Road is taking. We have seen Rupple Road take form before our
eyes as BMW Investments has proceeded with actual construction of the boulevard for
months now without the approval of the Rupple Road cost share agreement. As a result of
this, they have removed trees that could have been preserved and laid down a footprint
for the boulevard that is dangerously too close to our homes and amounts to a huge
negative impact on our lives. Up until now I have not had the opportunity to comment on
Rupple Road before a body with authority to act and improve the project — to make it
safer and more neighborhood friendly. BMW Investments has moved ahead at breakneck
speed with this project developing a road beyond that required by their Planning
Commission approval, and present the project now basically as a fait accompli. This is
despite the fact that I have been assured repeatedly by staff that their development has
been "at their own risk" and that the Council has full authority to approve or not approve
the cost -share on terms set by the council.
Today, like other neighbors present here today, I am requesting action to approve
Rupple Road. Please approve the cost -share contingent on:
1) Moving the centerline of Rupple Road over 5 feet at a right of way
acquisition cost of $25,000 per Option 3 presented to the Street
Committee.
2) Building a fence between Salem Village and Rupple Road at and
estimated cost between $18,000 and $30,000.
3) Requiring BMW Investments to plan some (probably about 60) of the 700
trees they are required to plant east of Rupple Road.
4) Require added trees (10 to 20) to be planted in the City -owned protected
wetland south of Salem Village disturbed by BMW investments when they
put a sewer in through the wetland.
HISTORY
I have commented of Rupple Road many times now. But, as I noted above, this is
the first time I have been able to comment before a body with the authority to act to
improve the project.
In September of 2004, I testified before the Planning Commission. At that time
Rupple Road was planned as a Minor Arterial and the plan formally presented included a
3 -lane boulevard. Planning staff noted there had been some discussion of a cost -share to
make it a 4 lane street (not a 4 lane boulevard). However, this was informal discussion.
When I testified that whether Rupple was a 3 or 4 lane street was critical to the
development and its impact on neighbors, I was told that as far as the Planning
Commission was concerned it was a three lane road. I requested that approval of the
development be stayed until a decision was made about whether Rupple would be a 4-
lane or 3 lane street. This request was denied. I think that was poor -- planning putting the
cart of the development itself before the horse of the road.
In about March of 2005, stakes appeared demarcating some sort of plan for
Rupple Road. At this time I began a dialog with Ron Petrie about the project. I invited
him to see the site and queried him about the stakes. I noted they were very close to the
alleyway behind our house. He was unsure why they were that close and agreed to check
into it. He showed me a 4 lane boulevard cross section that the staff had asked BMW
Investments and H2 Engineering to look into in consideration of a possible cost -share to
expand Rupple Road. Some time around this initial time period estimated cost -share
numbers of just over $500,000 were presented to the Street Committee
BMW Investments next removed the trees screening Clabber Creek 3,4,5 from
Salem Village over the course of several occasions. They proceeded with a boulevard
plan despite no further discussion in the Street Committee. BMW Investments then, in
Summer 2005, excavated the boulevard footprint and brought in red fill. This was done
again in absence any further discussion before the Street Committee. No work had yet
begun of the bridge across Clabber Creek.
In this time period, it also came to light that the alleyway behind Whit Lane
encroached on City right-of-way. This had the practical effect of bringing the curb of
Rupple Road about 8 to 10 feet closer to neighbors than it appeared at the time the
Clabber Creek 3,4,5 development was before planning commission. The misplacement of
the alley was completed under the direction of BHA Construction when Hank Broyles
was the managing partner.
Largely at my request, this issue was finally added to the Street Committee
agenda. It was discussed over the course of 3 Street Committee meetings and one tour of
the site was organized. Several neighbors attended and expressed concerns about the
project. At each of these Street Committee meetings no revised cost -share estimates were
presented. Ron Petrie did however regularly note that the final cost -share would be
significantly over the original (early 2005?) estimate of over $500,000. At the second
street Committee meeting Option 3 was presented whereby the city might acquire right -of
—way for a cost of only $25,000 and move the road over 5 feet. Compared to the expected
significant increase in the original cost -share this $25,000 was never offered as a reason
why this option should not be pursued. There did appear to be a misunderstanding with
respect to this option as several alderman thought the road would be moved east and then
west again creating a jog or zig-zag in the road. However, the right -of way acquisition
estimate was for acquisition of right-of-way from the bridge to the end of Clabber Creek
3,4,5 to the north. No zig-zag need be added to the road. Only a very gentle curve from
the bridge. I have noted many such very gentle curves throughout Fayetteville since then.
The new centerline could continue an Rupple Road was extended north, preserving trees
and wetland behind Salem Meadows. Such a plan was much to recommend it.
The recommendation of the Street Committee is to squeeze a six foot sidewalk
into the 12 -foot distance between Rupple Road and the Whit Lane alley. While I am glad
the Street Committee wants us to have sidewalk. The four feet of green space left
between the sidewalk and Rupple curb is not adequate for trees. The 2 feet (or less)
between the sidewalk and alley may well be inadequate for a fence to be added at
neighborhood expense as it appears the area will be interrupted by raised manholes.
lane or 3 lane street. This request was denied. I think that was poor --planning putting the
cart of the development itself before the horse of the road.
In about March of 2005, stakes appeared demarcating some sort of plan for
Rupple Road. At this time I began a dialog with Ron Petrie about the project. I invited
him to see the site and queried him about the stakes. I noted they were very close to the
alleyway behind our house. He was unsure why they were that close and agreed to check
into it. He showed me a 4 lane boulevard cross section that the staff had asked BMW
Investments and H2 Engineering to look into in consideration of a possible cost -share to
expand Rupple Road. Some time around this initial time period estimated cost -share
numbers of just over $500,000 were presented to the Street Committee
BMW Investments next removed the trees screening Clabber Creek 3,4,5 from
Salem Village over the course of several occasions. They proceeded with a boulevard
plan despite no further discussion in the Street Committee. BMW Investments then, in
Summer 2005, excavated the boulevard footprint and brought in red fill. This was done
again in absence any further discussion before the Street Committee. No work had yet
begun of the bridge across Clabber Creek.
In this time period, it also came to light that the alleyway behind Whit Lane
encroached on City right-of-way. This had the practical effect of bringing the curb of
Rupple Road about 8 to 10 feet closer to neighbors than it appeared at the time the
Clabber Creek 3,4,5 development was before planning commission. The misplacement of
the alley was completed under the direction of BHA Construction when Hank Broyles
was the managing partner.
Largely at my request, this issue was finally added to the Street Committee
agenda. It was discussed over the course of 3 Street Committee meetings and one tour of
the site was organized. Several neighbors attended and expressed concerns about the
project. At each of these Street Committee meetings no revised cost -share estimates were
presented. Ron Petrie did however regularly note that the final cost -share would be
significantly over the original (early 2005?) estimate of over $500,000. At the second
street Committee meeting Option 3 was presented whereby the city might acquire right -of
—way for a cost of only $25,000 and move the road over 5 feet. Compared to the expected
significant increase in the original cost -share this $25,000 was never offered as a reason
why this option should not be pursued. There did appear to be a misunderstanding with
respect to this option as several alderman thought the road would be moved east and then
west again creating a jog or zig-zag in the road. However, the right -of way acquisition
estimate was for acquisition of right-of-way from the bridge to the end of Clabber Creek
3,4,5 to the north. No zig-zag need be added to the road. Only a very gentle curve from
the bridge. I have noted many such very gentle curves throughout Fayetteville since then.
The new centerline could continue an Rupple Road was extended north, preserving trees
and wetland behind Salem Meadows. Such a plan was much to recommend it.
The recommendation of the Street Committee is to squeeze a six foot sidewalk
into the 12 -foot distance between Rupple Road and the Whit Lane alley. While I am glad
the Street Committee wants us to have sidewalk. The four feet of green space left
between the sidewalk and Rupple curb is not adequate for trees. The 2 feet (or less)
between the sidewalk and alley may well be inadequate for a fence to be added at
neighborhood expense as it appears the area will be interrupted by raised manholes.
NEGATIVES OF EXISTING PLAN
In the words of one Street Committee member, this plan could potentially "put a
another 540 through a residential neighborhood." This would be a terrible result. The
harms of this project will be realized disproportionately by the Salem Village neighbors.
Residents of the new Clabber Creek, 3,4,5 subdivision can look forward to trees and a
wide multi -use trail screening them from Rupple Road.
Rupple Road will represent a safety hazard. A drunk driver could very easily
drive off the road into my home. A child's ball could end up in the middle of this busy
street with catastrophic and tragic consequences.
Rupple Road will bring noise pollution into our neighborhood in proportion to
how close it is to our homes.
The plan is unfair to existing homeowners. Those of us who are already here will
reap the disproportionate number of negatives while those who move into the new
subdivision get a buffer zone. This is unfair. Our property values will fall, BMW
Investments will sell future homeowners on amenities like a tree -lined boulevard with a
multi -use trail. Future homeowners will be able to evaluate the effects of Rupple on the
property prior to buying. We are already here.
A wetland south of Salem Village, owned by the City and a mitigation area of the
Army Corps of Engineers, has been disturbed and a sewer line has been placed through it.
The result is an environmental mess, unmitigated.
REMEDY: 10% Solution.
The cost of the cost -share has actually come in right around the original estimate.
It is not significantly higher as engineering staff warned at multiple Street Committee
meetings. The Council I am sure would have approve a cost share that was 50% higher.
What I propose is to increase it by 10% and use this increase to acquire right-of-way and
move the center -line over 5 feet. This increase could be used to finance a fence for the
protection of the existing neighborhood, Salem Village.
I also propose that trees already required of BMW Investments be planted in the
wetland they have disturbed and as a buffer between Rupple and Salem Village.
Any other cost associated with moving the road are those that BMW Investments
understood when they began actual work on the boulevard "at their own risk." I
repeatedly asked staff to ask them to stop until the cost share could come before the
Council. Staff repeatedly assured me that BMW Investments understood the risks.
Thank you for your time. I apologize for possibly not attending in person. I was
unexpectedly called out of town and my return flight is scheduled to arrive at 7:15 pm on
Tuesday, February 21. I will come right to the Council meeting from Northwest Arkansas
Regional Airport but may not be in time to comment in person.
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Clarice Pearman - BMW Investments Page 1
From:
Clarice Pearman
To:
Casey, Matt
Date:
2/27/06 10:36AM
Subject:
BMW Investments
Matt,
The agreement with BMW Investments in the backup packet was not signed. Please let me know when
the clerk's office might receive a signed agreement to continue processing the resolution. This item was
passed by City Council, February 21, 2006.
Thanks.
Clarice
From: Matt Casey
To: Pearman, Clarice
Date: 3/1/06 4:35PM
Subject: Re: BMW Investments
Clarice,
He is bringing me signed copies tomorrow.
Matt
>>> Clarice Pearman 02/27/06 10:36 AM >>>
Matt,
The agreement with BMW Investments in the backup packet was not signed. Please let me know when
the clerk's office might receive a signed agreement to continue processing the resolution. This item was
passed by City Council, February 21, 2006.
Thanks.
Clarice
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to thefiles of said publication, that advertisement of:
fldLnCc n. e £ J g33 j was inserted in the regular editions on
/i ID
PO#
** Publication Charge: $
Subscribed and sworn to before me this
Notary Public Sharlene D. Williams
Notary Public
My Commission 6AArkansas
My Commission txplres
October 18, 2014
** Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
RECEIVED
14AR O928&
an OF FAYE1EV1UE
GMICLlERK5OFFICE
2006.
ORDINANCE MO. 4U31
AN ORDINANCE WAIVING THE REQUIREMENTS • j
OF FORMAL COMPETITIVE G BIDDING EEMAND
BM I VIEGS A NT COST -SHARE AN AMO NT TO
BMW ED , STMEN4.6 LLC IN WIDEN NOT TO
EXCEED $535,934.60 FOR THE WIDENING OF ARKANSAS
RUPPLE ROAD ADJACENT TO THE CLABBER 1
WHEREAS, the City Council Street Cormuttee voted to forward to the City Council the redommen-
dation for a cost share agreement to widen approximately 1,635 linear feet of Rupple Road to a four -
lane boulevard;
WHEREAS, entering into a coat -share agreement with BMW InvesenBMa, LLC and utilizing their
engineer end contractor will avoid the added cost and unnecessary duplication of effort which would
arise Iran the formal competitive bidding process.
NOW, TNEREFORE, BE IT ORDAINED BY THE Clint COUNCIL OF THE CITY OF
FAYETTEVILLE, AREANSASI
Section 1. That the City Council of the City of Fayetleville, Arkansas hereby finds That such circurn- I
stances constitute an exceptional situation where competitive bidding is not feasible or practical.
and waives the requirements of lormal competitive bidding to approve a cost -share agreement with
BMW Investments, LLC In an ennunt not to exceed $535,934.60 for the widening of approximately
1.635 linear feet of Rupple Road toe four -lane boulevard adjacent to the Clobber Creek Subdivisbn,
Phases 3. 4 and 5.
and APPROVED this 21st day of February. 26.
D: ATTEST:
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
Clarice Pearman - Ord. 4831 Page 1
From: Clarice Pearman
To: Casey, Matt
Date: 3.10.06 5:42PM
Subject: Ord. 4831
Matt,
Attached is a copy of the above ordinance passed by City Council, February 21, 2006 for a bid waiver and
approving a cost -share agreement with BMW Investments. I am forwarding to you two of the three
originals of the agreement.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki