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Home My WebLink About128-10 RESOLUTIONRESOLUTION NO. 128-10 A RESOLUTION APPROVING A COST -SHARE AGREEMENT WITH FOREST HILLS PARTNERS, LLC IN THE AMOUNT OF $135,000.00 FOR CONSTRUCTION OF THE BROYLES AVENUE GRAVITY SEWER LINE, AND APPROVING A BUDGET ADJUSTMENT 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 cost -share agreement, a copy of which is attached to this Resolution as Exhibit "A," with Forest Hills Partners, LLC in the amount of $135,000.00 for construction of the Broyles Avenue gravity sewer line. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit "B," recognizing the revenue. PASSED and APPROVED this 20th day of July, 2010. APPROVED: By: ATTEST: By: SONRA E. SMITH, City Clerk/Treasurer o,,'vRo'JTR° o ° `o U ° a • :FAYETTEVILLE: 7. s.za a a . n a a � \ fid' 1c °0%% COST -SHARE AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND FOREST HILLS PARTNERS, LLC This Agreement, made and entered into this 0110 day of the City of Fayetteville, Arkansas and Forest Hills Partners, L Wi , 2010 by and between esseth: WHEREAS, the City of Fayetteville is constructing upgrades to a sewer main identified as WL -13, Broyles Road Gravity Main; and WHEREAS, the City of Fayetteville will be upgrading an existing 8" sewer main to 12" and 15" sizes to serve the area along Persimmon Street east of Broyles Avenue and west of I-540; and WHEREAS, it will benefit Forest Hills Partners, LLC to upgrade this 8" sewer main to a 12" main. This upgrade will provide needed sewer capacity for the Forest Hills development. NOW, THEREFORE, the City of Fayetteville and Forest Hills Partners, LLC agree as follows: 1. Upon the City Council approving the Sewer Main Cost -Share, the City of Fayetteville agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable sewer main installation. B. The estimated total cost of construction for the sewer main upgrade is $367,518.17 as shown in the attached estimate of probable cost. 2. Forest Hills Partners, LLC agrees to: A. Pay a lump sum cost of $135,000.00 for the aforementioned sewer main construction within thirty (30) days of the approval by the City Council of this agreement. 3. It is further understood that the contract for construction is between the City of Fayetteville and Goodwin & Goodwin, Inc. as Contractor and that Forest Hills Partners, LLC has no contractual obligation with either the Contractor or RJN Group as the Engineer. Forest I-Iills Partners, LLCS's only obligation shall be to participate in a contractual agreement with a lump sum cost of $135.000.00 for the sewer main upgrade. 4. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope. cost or fees. 5. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Pollution Management, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. This contract must be interpreted under Arkansas Law. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: CITY OF FAYETTEVILLE BY ayor Li+%old Jordan [CORPORATE SEAL] 4c •` •A11� FAYETTEVILLE; _= :,y(P;.:,?KANSP. J,. BY ATTES FO ST HILLS PARTNERS, LLC LL John _7 ord, Mana_ing Member [CORPORATE SEAL] City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2010 Department: Utilities Division: Water & Sewer Maintenance Program: Sewer Mains Construction Request Date 7/2/2010 Adjustment Number JUSTIFICATION TO INCREASE PROJECT 1 ITEM: $135,000 in the Broyles Road Gravity Lines and Force Main Project. Increase project to recognize cost share agreement with Forest Hills Partners, LLC for the construction of approximately 3,065 linear feet of 12" to 15" feet gravity line along Persimmon Road from the Cross Keys development to the east side of the city property at the Boys and Girls Club. JUSTIFICATION TO DECREASE PROJECT 1 ITEM (OR RECOGNIZING REVENUE): To recognize cost share revenue for the construction of approximately 3,065 linear feet of 12" to 15" feet gravity line along Persimmon Road from the Cross Keys development to the east side of the city property at the Boys and Girls Club. Account Name Contract Services Account Number 5400.5700.5315.00 Payments by Property Owners 5400.0940.4420.00 Increase Budget 135,000 Decrease Budget Project.Sub Number 10020 . 1001 135,000 10020 . 1001 TOTAL 135,000 135,000 Division Head ector Depa ' ent I rector Finan'- Director Chief • tatf a r Date Date Date 7--b 2o its Date 7-7-10 Date Requested By kspringer Budget & Research Use Only Type: A B C E Description: General Ledger Date Posted to General Ledger Posted to Project Accounting C:IDOCUME-1IKSPRIN-1\LOCALS-11Temp\XPgrpwiselBAForm_2010_WL-13 Cost Share 0 Initial Date Initial Date David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/20/2010 City Council Meeting Date Agenda Items Only Utilities Capital Projects Division Action Required: Utilities Department Approvalof a cost share agreement with Forest Hills Partners, LLC for in the amount of $135,000 construction of the Broyles Avenue gravity sewer line, and approval of a budget amendment accepting the funds. $ (135,000) Cost of this request 5400-5700-5315.00 Account Number 10020-1001 Project Number Budgeted Item XX Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached XX Wastewater Impact Fee Improvement Program Category / Project Name Wastewater Impact Fee Imrovement Program / Project Category Name Water/Sewer Fund Name Finance and Internal Services Director Da 7 -2 -to Date 7 -L -1L Date Date rr v ate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: ReceivecN c —10P02:17 R C V D Clerk's Office (Ay Received in Mayor's Office 721, Comments: Revised January 15, 2009 ttvil1e CITY COUNCIL AGENDA MEMO MEETING DATE OF JULY 20, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org To: City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Com ttee V Date: July 1, 2010 Subject: Cost share agreement with Forest Hills Partners, LLC for in the amount of $135,000 construction of the Broyles Ave gravity sewer line, and approval of a budget amendment accepting the funds RECOMMENDATION Staff recommends approval of a cost share agreement with Forest Hills Partners, LLC for in the amount of $135,000 construction of the Broyles Avenue gravity sewer line, and approval of a budget amendment accepting the funds. BACKGROUND The original contract provides for the construction of approximately 3,211 linear feet of 15" to 18" gravity line, flowing along Owl Creek, Persimmon Road, and Broyles Avenue to the new lift station at the intersection of Broyles Avenue and Persimmon Road. Goodwin & Goodwin was the lowest of five bidders, with a bid that was 59% of the engineer's estimate for the project. DISCUSSION This work is required to provide for needed sewer capacity for the upper Owl Creek basin, which includes the forthcoming Forest Hills development between Wedington Drive and Persimmon Street. The City of Fayetteville will be managing the construction though its current contract with Goodwin & Goodwin, Inc. Forest Hills Partners, LLC has agreed to pay $135,000.00 towards the construction of the sewer line. Using the existing contract will be significantly less expensive than putting this additional work out to bid. Staff's estimate is that bidding the project as new work would cost at least an additional $75,000. Staff is processing a change order is for the construction of an additional 3,065 linear feet of 12" to 15" gravity line along Persimmon Road from the Cross Keys development to the east side of the city property at the Boy's and Girl's Club. BUDGET IMPACT Funds are available in the impact fee sewer project budget. A breakdown of the project costs are as follows. Change Order Cost City of Fayetteville Cost Forest Hills Partners Cost Contingency Remaining $ 367,518.17 $ 232,518.17 $ 135,000.00 $ 45,000 WL -13 Cost ShareCCMemo lJulylO.doc RESOLUTION NO. A RESOLUTION APPROVING A COST -SHARE AGREEMENT WITH FOREST HILLS PARTNERS, LLC IN THE AMOUNT OF $135,000.00 FOR CONSTRUCTION OF THE BROYLES AVENUE GRAVITY SEWER LINE, AND APPROVING A BUDGET ADJUSTMENT 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 cost -share agreement, a copy of which is attached to this Resolution as Exhibit "A," with Forest Hills Partners, LLC in the amount of $135,000.00 for construction of the Broyles Avenue gravity sewer line. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, attached as Exhibit "B," recognizing the revenue. PASSED and APPROVED this 20`h day of July, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Estimate of Probable Construction Cost WL -13, Broyles Road Grav'ty Main, Sewer Main Upgrades Item Description Unit Contract Quantity Unit Cost Total Cost 1 Site Preparation, Clearing and Grubbing LF 3065 SI.50 54.597.50 2 Construction Staking LF 3065 SI.50 54,597.50 3 Bypass Pumping LF 3065 $9.00 527,585.00 4 Traffic Control LS 1 510.000.00 510,000.00 Trench Excavation and Backfill. 0-8 Ft. Depth LF 1829 518.00 532.922.00 6 Trench Excavation and Backfill. 8-12 Ft. Depth LF 1236 $22.00 527,192.00 7 8 -Inch Gravity Sewer and Embedment LF 100 522.00 52,200.00 8 12 -Inch Gravity Sewer and Embedment LF 2450 S24.00 558.800.00 9 15 -Inch Gravity Sewer and Embedment LF 615 529.00 $17,835.00 10 48 -Inch Dia. Std. Manhole, 0-6 Ft. Deep EA 13 52.600,00 533,800.00 11 48 -Inch Dia. Manhole Extra Depth. Over 6 Ft. Deep VF 39 5300.00 511,700.00 12 Remove Manhole EA 3 5800.00 52.400,00 13 24" Steel Encasement LF 160 5175.00 528,000.00 14 30" Steel Encasement LF 10 $250.00 $2.500.00 15 Clay Dam EA 5 5500.00 $2,500.00 16 Sidewalk - Remove & Replace SY 725 $45.00 532,625.00 17 Handicap Ramp EA 4 5800.00 53,200.00 18 Street Repair SY 100 $125.00 $12,500.00 19 Seeding and Mulching SY 5387 52.50 513.466.67 20 Solid Sod SY 3875 $4.00 515,500.00 21 Curb & Gutter LF 200 530.00 56,000.00 22 Remove & Reinstall Fence LS 1 51,000.00 $1,000.00 23 Pavement Markings LS 1 52.000.00 $2,000.00 24 -french Safety LS 1 510,000.00 SI 0.000.00 25 Erosion Control LF 3065 53.00 $9.195.00 Contract Totals $367.518.17 4^,+ryS Tisil�' `�Fr�FW+s7.4 i-7 fa;c •-.: I''''. +.s - �r . _' ar ::'7 _ . .- ,*sma.n-4 l wwla . ,gyA4 44k p � ` t it �ri 0 250 500 1,000 1,500 Feet NORTH COST -SHARE AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND FOREST HILLS PARTNERS, LLC This Agreement, made and entered into this day of , 2010 by and between the City of Fayetteville, Arkansas and Forest Hills Partners, LLC, Witnesseth: WHEREAS, the City of Fayetteville is constructing upgrades to a sewer main identified as WL -13, Broyles Road Gravity Main; and WHEREAS, the City of Fayetteville will be upgrading an existing 8" sewer main to 12" and 15" sizes to serve the area along Persimmon Street east of Broyles Avenue and west of I-540; and WHEREAS, it will benefit Forest Hills Partners, LLC to upgrade this 8" sewer main to a 12" main. This upgrade will provide needed sewer capacity for the Forest Hills development. NOW, THEREFORE, the City of Fayetteville and Forest Hills Partners, LLC agree as follows: 1. Upon the City Council approving the Sewer Main Cost -Share, the City of Fayetteville agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable sewer main installation. B. The estimated total cost of construction for the sewer main upgrade is $367,518.17 as shown in the attached estimate of probable cost. 2. Forest Hills Partners, LLC agrees to: A. Pay a lump sum cost of $135,000.00 for the aforementioned sewer main construction within thirty (30) days of the approval by the City Council of this agreement. 3. It is further understood that the contract for construction is between the City of Fayetteville and Goodwin & Goodwin, Inc. as Contractor and that Forest Hills Partners, LLC has no contractual obligation with either the Contractor or RJN Group as the Engineer. Forest Hills Partners, LLCS's only obligation shall be to participate in a contractual agreement with a lump sum cost of $135,000.00 for the sewer main upgrade. 4. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. Freedoms of Information Act. City of FayetteeiHe contracts and documents prepared while perlbrming city contractual work arc subject to the Arkansas Freedom of 6tRx111anon Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Pollution Management, Inc. will do everything possible to provide the documents in a prompt and timely manner as prescribed Indic Arts t isas Freedom of Information Act (A.C.A.§s5-19-101 et. sect.). Only legally authorizedphotocopying costs pursuant to the FOL\ miry be assessed for this compliance. b. This conuact must be interpreted under Arkansas Law. IN AGREEMENT \\'I'm ALI. -nil, T'ERV'IS ..AND CONDITIONS ABOVE. AVI'; SIGN BELOW: CITY OF I-AYETTI \MLLE EOP EST 1-II1.1S PAR"'\ERS_ LLC BY 13Y t Nlayo'Lioncld Jordan [CORPORATE SEAL) John A Torcl. A-lana2ine A,lember ICORPORATl SEAL]