HomeMy WebLinkAboutOrdinance 5020 ORDINANCE NO. 5020 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING; APPROVING A COST- SHARE AGREEMENT WITH NOCK-BROYLES LAND DEVELOPMENT, LLC IN THE AMOUNT OF $50,000.00 FOR THE RELOCATION OF WEIR ROAD AT THE INTERSECTION WITH SALEM ROAD; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $ 13 , 100.00. WHEREAS, the City of Fayetteville has required the relocation of Weir Road as a condition of approving the residential development that Nock-Broyles Land Development, LLC is currently developing at the southwest corner of Weir Road and Salem Road; and, WHEREAS, entering into a cost-share agreement with Nock-Broyles Land Development, LLC and utilizing their engineer and contractor to relocate Weir Road 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 with Nock-Broyles Land Development, LLC in the amount of$50,000.00 for the relocation of Weir Road. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $ 13 , 100.00. PASSED and APPROVED this 15'h day of May, 2007. APPROVED: ATTEST: By: By: � t/�i{iSjJ �P nminii. DA OODY, Mayor SONDRA E. SMITH, City Clerk/Trey3W.tVTR ', . . ,Egsr!,,, FAYETTEVILLE ys°-9RKAIV SQA'J��;F CONTRACTUAL AGREEMENT This Agreement, made and entered into this INAy J �J , o2D07 , by and between the City of Fayetteville, Arkansas and Nock-Broyles Land Development, WHEREAS, Nock-Broyles Land Development, LLC is constructing a 105 unit single- family residential development at the intersection of Weir Road and Salem Road; and WHEREAS, Nock-Broyles Land Development, LLC will be relocating a portion of Weir Road to line up with Gypsum Drive as a part of this development; and WHEREAS, it will benefit the City of Fayetteville to participate in the relocation of this existing City road and to participate in providing the City of Fayetteville with attainable housing. NOW, THEREFORE, the City of Fayetteville and Nock-Broyles Land Development, 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 a maximum-not-to-exceed cost of $50,000.00 for the afore mentioned street construction. B. Make all efforts to provide payment to Nock-Broyles Land Development, LLC within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. Nock-Broyles Land Development, 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 construction. C. Provide 5% of the neighborhood (6 units) as attainable housing priced no greater than $ 120,000.00. D. Construct the attainable housing units with similar building materials as the other homes in the development. E. Distribute the attainable housing units throughout the development. F. Provide deed-restrictions that require the attainable housing to be owner occupied. 3. It is further understood that the contract for construction is between Nock-Broyles Land Development, 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 $50,000.00 for the street construction. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE Nock-Broyles Land Development, LLC By: / i By: DAN COODY, ayor City of Fayetteville, Arkansas 5o°ao Budget Adjustment Form Budget Year Department: Sales Tax Capital Improvements Date Requested Adjustment Number 2007 Division: Program: - Project or Item Added/Increased: - - Project or Item Deleted/Reduced: - - - $13,000 is requested in the Street Row ! Intersection / $13,000 from the Kings Drive Improvements project. Cost Sharing project. Justification of this Increase: Justification of this Decrease: Additional funds are needed in this account to cover a Kings Dr. proj. #05030 has been bid, is underconstruction, cost share with Nock - Broyles Land Development, LLC and has a contingency in the approved funding. The excess funds in the account are not necessary for completion. Increase Expense Budget (Decrease Revenue Budget) Account Name Accoun[•Number Amount Project Number Street improvements 4470 9470 5809 00 13,100 02116 1 Decrease Expense Budget (Increase Revenue Budget) - Account Name Account Number. Amount Project Number Street improvements 4470 9470 5809 00 13, 100 05030 1— Approval A roval Si natures / Budget Office Use Only �� p_2 Type: A B C / D ) E equested By /// Date . Budget ?!�Odager Date Posted to General Ledger 12,_ 1 . O-) � Initial Date .. • apartment U rector Date - Posted to Project Accounting (� 1 Initial Date Finance temal Services Director Date Entered in Category Log Initial Date t o � Mayr � Date - £ City of Fayetteville Staff Review Form SD�D City Council Agenda Items or { _ Jp`�4 I' t S @AJ }� _ ►O� OQ�1 Contracts 15-May-07 City Council Meeting Date Ron Petrie Engineering Operations Submitted By Division Department Action Required: Approval of an ordinance waiving the requirements of formal competitive bidding and approval of a cost share agreement with Nock-Broyles Land Development, LLC in the amount of $50,000.00 for the relocation of Weir Road at the intersection with Salem Road and approval of a budget adjustment in the amount of $13, 100. Street/ROW/Intersection $50,000.00 Fs 240,698.00 1 E Cost Sharing Cost of this request Category/Project Budget Program Category / .ro'ect Name 4470.9470.5809.00 $ 203,784.48 Street Improvements Funds Used to Date Program / Project CategoryName 02116 $ 36,913.52 Sales Tax - Capital Improvements Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached �X Previous Ordinance or Resolution # Department rector Date Original Contract Date: • / � �� /' � Original Contract Number: City Attorney Received in Ci Clerk's ffice +,A 0 . Qj ..-, S - I 6 7 It W1091, Finance and Internal Service Director Date Received in Mayor's Off' Mayor Date Comments: City Council Meeting of May 15, 2007 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Ron Petrie, City Engineer Date: April 27, 2007 Subject: Proposed ordinance waiving the requirements of formal competitive bidding and approving a cost share agreement with Nock-Broyles Land Development, LLC in the amount of $50,000.00 for the relocation of Weir Road at the intersection with Salem Road and approval of a budget adjustment in the amount of $ 13, 100.00. BACKGROUND Holcomb Heights is a 105 unit single-family residential subdivision located at the southwest corner of Weir Road and Salem Road. This project has been designed as a traditional neighborhood design with rear alley access, an interior neighborhood green, and multiple pedestrian connections. On February 26, 2007 the Planning Commission approved the PZD request for the first phase of this project which consists of 68 single family units. On March 20, 2007 the City Council approved this same request. These approvals required the following street improvements: A. Weir Road shall be reconstructed to create a 4-way intersection with Gypsum Drive and Salem Road. A turn lane shall be installed providing 100 ' ofstacking depth from the intersection. The newly constructed Weir Road shall be constructed to Master Street Plan requirements for a collector street with a 28 ' street section, curb and gutter, 6 ' sidewalks and storm drains. B. Remove asphalt surface and base from the old section of Weir Road and construct new residential driveways from the north right-of-way to the new roadway section, within access easements. C 6 ' sidewalks shall be constructed along the property 's frontage at the Master Street Plan right-of- way, on Weir Road and Salem Road. D. Salem Road shall be improved along the propertyfrontage with a 14 'from centerline section, including turn lanes at the intersection of Weir/Salem/Gypsum and appropriate transition areas. All designs shall be subject to Engineering approval. E. All interior streets and alleys shall be constructed to City design standards, inspected and approved by the Engineering Division. F. All parallel parking provided along Salem and Weir shall be constructed to city standards and shall be coordinated with the Fire Department and Solid Waste Division prior to submittal of construction drawings. 1 City Council Meeting of May 15, 2007 DISCUSSION On April 16, 2007 the applicant submitted a proposal to the City Council's Street Committee to cost share with the City for the street improvements that were required in association with this development. In exchange for this cost share, the applicant has proposed the inclusion of "affordable homes" within the development. The Street Committee voted unanimously "that this cost share agreement be forwarded to the City Council with a positive recommendation." The applicant has included the specifics of this proposal in an attached letter. The specifics of this letter have also been inserted into the standard cost share agreement. Cost estimates have been provided to the City for these street improvements by the developer's engineer as follows: Developer's Share (with on-street parking) $ 1359304.00 City's Share $ 509000.00 Total (with on-street parking) $ 185,304.00 Developer's Share (without on-street parking) $ 46,093.00 City's Share $ 509000.00 Total (without on-street parking) $ 969093.00 BUDGETIMPACT The funds for this street cost share project will come from the Street ROW/ Intersection/ Cost Sharing Fund. Currently there is $36,913 .52 available in this account. A budget adjustment is requested in the amount of $ 13 , 100 from the Kings Drive project which has $ 102,960.48 in remaining funds. 2 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING; APPROVING A COST-SHARE AGREEMENT WITH NOCK-BROYLES LAND DEVELOPMENT, LLC IN THE AMOUNTOF $50,000.00 FOR THE RELOCATION OF WEIR ROAD AT THE INTERSECTION WITH SALEM ROAD; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $ 13, 100.00. WHEREAS, the City of Fayetteville has required the relocation of Weir Road as a condition of approving the residential development that Nock-Broyles Land Development, LLC is currently developing at the southwestd'of r of Weir Road and Salem Road; and, rand� WHEREAS, entering into a cost-share agreement with Nock-Broyles Land Development GLutilizing [heir engineer and contractor to relocate Weir Road will avoid the added cos[.andI nece�ss ry duplication of effort which would arise from the formal competitive bidding process. Tr NOW, THEREFORE, r BE IT ORDAINED BY THE CITY OF T CITY OF FAYETTEVILLE, ARKANSAS: i Section 1 . That the City Council of;the City ofFje4 y.ille, Arkansas;hereby finds that such-circumstances constitute an exceptional situat o�re:lompetitivebidding,is not 41A,ble or practical, and waives the requirements of formal compet-it'14 biddinto approve'a;cost s'har`e with Nock�Broyles Land Development, LLC in n .: v I a the amount of $50,000 00 for theiralocau06% Weir Road::' S t "tVection 2. That tHeCit+ our it of the City,ro'fFayetteviJIC Arkansas hereby approves a budget adjustment in the amount of $ 13 1060�, n Etna i" I P SSED and APPROVE} D this 15, ay of May, 2007. APPRO �ED: ,( ATTEST. By: By: ©SWCOODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ----- . .... - 6. 2 _ R-PZD 06-2281 (Holcomb Heights) EXHIBIT "A" 1 Page 4o 42 wiz°°s 22$ HOLCOMB HEIGHTS Close Up view i. 1'-���� �`^aL..4 pall' vE v<a} - •.SJ -•U !may ' �M- .� MR! 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Overview t"md . =:gowar m — n.00uwar — sm YEW ' — ,aa rEsrt ----= uwraFsnnv - — - Rawl"Nile O Fayetteville F*—q r .eaacGo&�upM_100a - � Kewaee■m o.■rta�•omsa 0 ,a no sao rw 1p00 ccaz CONTRACTUAL AGREEMENT This Agreement, made and entered into this by and between the City of Fayetteville, Arkansas and Nock-Broyles Land Development, LLC, Witnesseth : WHEREAS, Nock-Broyles Land Development, LLC is constructing a 105 unit single- family residential development at the intersection of Weir Road and Salem Road; and WHEREAS, Nock-Broyles Land Development, LLC will be relocating a portion of Weir Road to line up with Gypsum Drive as a part of this development; and WHEREAS, it will benefit the City of Fayetteville to participate in the relocation of this existing City road and to participate in providing the City of Fayetteville with attainable housing. NOW, THEREFORE, the City of Fayetteville and Nock-Broyles Land Development, LLC agree as hollows: 1 . Upon the City Council and/or the Mayor approving the Street Cost-Share, the City of Fayetteville agrees to: A. Pay a maximum-not-to-exceed cost of $50,000.00 for the afore mentioned street construction. B. Make all efforts to provide payment to Nock-Broyles Land Development, LLC within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. 2. Nock-Broyles Land Development, 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 construction. C. Provide 5% of the neighborhood (6 units) as attainable housing priced no greater than $ 120,000.00. D. Construct the attainable housing units with similar building materials as the other homes in the development. E. Distribute the attainable housing units throughout the development. F. Provide deed-restrictions that require the attainable housing to be owner occupied. 3 . It is further understood that the contract for construction is between Nock-Broyles Land Development, 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 $50,000.00 for the street construction. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE Nock-Broyles Land Development, LLC By: By: DAN COODY, Mayor Nock-Broyles Land Development, LLC 4921 Clear Creek Blvd Fayetteville, AR 72704 hank@broylesdevelopment.com Phone: 479.442-5766 Fax: 479.442-5440 March 20, 2007 Good Afternoon Ron, The city's obligation of the cost-sharing or Weir Rd. will be capped at $50,000. The estimates have been provided and the actual costs will be approved by the city before any payments are made. There are numerous reasons for the city to partner with the developer on the relocation of Weir Rd. One major justification is that Weir Rd. is a perimeter street of Holcomb Heights, not an interior one. Holcomb Heights has agreed to align Weir with Gypsum at the city's request, even though it is a major cost both financially and in land. Another is the promise by Holcomb Heights to provide 5% of their homes at $ 120,000. There have been several questions regarding the attainable housing: • What will be the price? • How many? • Will the attainable homes be obviously cheaper construction? • Will the attainable homes be tucked away all together off to one side? • How will the homes remain in the attainable price range aftei they are resold? • Can we keep these from becoming rentals? • How do to keep investors away? We will try to clear the air and provide what our intentions are as for the best way to provide attainable housing to the city of Fayetteville. • We have committed to do attainable houses at a price of $ 131 ,900. If the cost- share is approved that will enable us to provide houses at a much lower price of $ 120,000. • We are committed to do 5% of the neighborhood as attainable. 5% of 105 units is 5.25, which we will round up to 6 units. • Our goal is to have the attainable housing be as indistinguishable as possible. Therefore they will have similar exterior building materials as their neighbors. • In keeping with the homes not being conspicuous as attainable, they will be sprinkled throughout the neighborhood, not ostracized to one area.