HomeMy WebLinkAboutORDINANCE 5947113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5947
File Number: 2017-0030
21 WEST, LLC COST SHARE:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A COST SHARE AGREEMENT WITH 21 WEST, LLC FOR THE INSTALLATION OF
SEWER MAIN ALONG A PORTION OF MEADOW STREET BETWEEN WEST AVENUE AND
GREGG AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF
FAYETTEVILLE NOT TO EXCEED $36,128.00, AND TO APPROVE A PROJECT CONTINGENCY
IN THE AMOUNT OF $7,225.60
WHEREAS, 21 West, LLC, which will be developing property located at 21 West Avenue, has
requested that the City share in the cost of constructing an 8 -inch sewer main along a portion of Meadow
Street between West Avenue and Gregg Avenue, a distance of approximately 270 feet; and
WHEREAS, the City of Fayetteville would benefit from the cost share as it will extend sewer service to
an area in the core of the City that has never been served before and provide for ample future capacity
which the City recognizes will be necessary for the area that is served by this sewer main; and
WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess material
cost of facilities of a size larger than required to service subdivisions when such excess size is specified and
required by the water and wastewater director for the general benefit of the sewerage system"; and
WHEREAS, waiving formal competitive bidding will save time and cost by utilizing the developer's
contractor who will be on-site installing the line for the developer's project.
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 an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
Page 1 Printed on 218117
Ordinance: 5947File
Number 2017-0030
requirements of formal competitive bidding and approves a cost share agreement with 21 West, LLC for
the installation of an 8 -inch sewer main along a portion of Meadow Street between West Avenue and
Gregg Avenue with the estimated amount to be paid by the City of Fayetteville not to exceed $36,128.00,
and further approves a project contingency in the amount of $7,225.60.
PASSED and APPROVED on 2/7/2017
�,����ti►rrrrllr�s
,1 �rroarrr"try �/
FAYETT FVI l -L:
Attest:
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 218117
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EXHIBIT B
CALAMON BUILDING CORPORATION
calamon@sbcglobal. net
December 22, 2016
Mr Tim Nyander, Utilities Director
City of Fayetteville
Fayetteville, AR
On behalf of our client (21 West LLC, PO Box 291, Fayetteville
72702), we are hereby requesting consideration for City cost -share
of the required new sewer line installation under Meadow Street
between West Avenue and Gregg Avenue. I have attached a site
plan showing our intent to add two duplex townhouses to the
property in keeping with the City's stated goals of infill and
densification. I have also attached the preliminary engineered
drawings of that sewer line, as prepared by Jorgensen and
Associates. Lastly, I have attached bids from utilities contractors.
Please consider the following costs:
1. Calamon Building Corporation's cost to review plans, solicit
and review bids, etc.
20 hours @ $52.00
$ 1,040
2. Jorgensen and Associates - cost for plans, construction
staking, inspection, and as -built plans. $ 5,000
3. Matt Wood Plumbing, low bid for'installation of work per
Jorgensen's plans and specifications $67,256
4. Portable toilet costs 170
Subtotal $73,466
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
;. Text File
File Number: 2017-0030
Agenda Date: 2/7/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
21 WEST, LLC COST SHARE:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND APPROVE A COST SHARE AGREEMENT WITH 21 WEST, LLC FOR THE
INSTALLATION OF SEWER MAIN ALONG A PORTION OF MEADOW STREET BETWEEN
WEST AVENUE AND GREGG AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY
THE CITY OF FAYETTEVILLE NOT TO EXCEED $36,128.00, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $7,225.60
WHEREAS, 21 West, LLC, which will be developing property located at 21 West Avenue, has
requested that the City share in the cost of constructing an 8 -inch sewer main along a portion of
Meadow Street between West Avenue and Gregg Avenue, a distance of approximately 270 feet; and
WHEREAS, the City of Fayetteville would benefit from the cost share as it will extend sewer service to
an area in the core of the City that has never been served before and provide for ample future capacity
which the City recognizes will be necessary for the area that is served by this sewer main; and
WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess
material cost of facilities of a size larger than required to service subdivisions when such excess size is
specified and required by the water and wastewater director for the general benefit of the sewerage
system"; and
WHEREAS, waiving formal competitive bidding will save time and cost by utilizing the developer's
contractor who will be on-site installing the line for the developer's project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives
the requirements of formal competitive bidding and approves a cost share agreement with 21 West, LLC
for the installation of an 8 -inch sewer main along a portion of Meadow Street between West Avenue
and Gregg Avenue with the estimated amount to be paid by the City of Fayetteville not to exceed
$36,128.00, and further approves a project contingency in the amount of $7,225.60.
City of Fayetteville, Arkansas Page 1 Printed on 218/2017
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2017-0030
Legistar File ID
2/7/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/19/2017 Utilities Director /
Utilities Department
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a cost -share agreement between the City of Fayetteville and 21 West, LLC, to share
the costs of installing a sewer main in Meadow Street between West Avenue and Gregg Avenue in the not -to -
exceed amount of $36,128.00 with a contingency fund not -to -exceed $7,225.60 for a total of $43,353.60.
5400.720.5700-5815.00
Account Number
04039.1
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Water/Sewer
Budget Adjustment
Remaining Budget
Approval Date:
V20140710
Fund
Water/Sewer Impact Fee Cost Sharing Project
Project Title
Current Budget
$ 1,270,594.00
Funds Obligated
$ 60,917.00
Current Balance
Item Cost
$ 43,353.60
Budget Adjustment
Remaining Budget
Approval Date:
V20140710
CITY OF
•
ay V
ARKANSAS
TO:
Mayor and City Council
THRU:
Don Marr, Chief of Staff
Water & Sewer Committee
FROM:
Tim Nyander, Utilities Director
DATE:
January 19, 2017
CITY COUNCIL AGENDA MEMO
SUBJECT: Cost Share Agreement with 21 West, LLC
RECOMMENDATION:
Staff recommends approval of a cost -share agreement between the City of Fayetteville and 21
West, LLC, to share the costs of installing a sewer main in Meadow Street between West
Avenue and Gregg Avenue in the not -to -exceed amount of $36,128.00 with a contingency fund
not -to -exceed $7,225.60 for a total of $43,353.60. The estimated total cost of the project is
$72,256.00 The City's portion of the cost share is 50% of the estimated project cost, in the
amount of $36,128.00, plus the contingency.
BACKGROUND:
21 West, LLC has requested that the City share in the cost of installing an 8 -inch sewer line
along a portion of Meadow Street between West Avenue and Gregg Avenue, a distance of
approximately 270 feet, so that 21 West, LLC may develop the property located at the SW
corner of Meadow Street and West Avenue.
DISCUSSION:
Constructing this segment of 8 -inch main will allow development of these properties and will
also provide for ample future capacity which the City recognizes will be necessary for the area
that is served by this sewer main.
BUDGET/STAFF IMPACT:
Funds for the City portion of work are available in the Water/Sewer Impact Fee Cost Sharing
Project. The final actual cost is based on the bids received by the developer of this project.
ATTACHMENTS:
Staff Review Form
Cost Share Agreement
Exhibit A - Map of Area
Exhibit B — Cost Estimate
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CONTRACTUAL .AGREEMENT FOR
COST SHARE OF SEWFR MAIN INSTALLATION COSTS
This A.,,,rcement, made and entered into on this day of February, 2017, by and
between the City of Fayetteville, Arkansas ("City") and ')
41'i t, LIA'("2 I West"), wittlesseth:
WHEREAS, 21 West has requested that the City share in the cost ofconstructing an 8 -
inch sewer main along a portion of Meadow Street between West Avenue and Gregg Avenue, a
distance o#` approximately 270 feet'. so that 21 West may dtvelop the property located at the
southwest corner ol'Meadow Street and West Avenue; and
WHEREAS, constructing this segment of 8 -inch sewer main �vill allow development of
this property. will extend sewer service to an area in the core of the City that has never been served
beforc. and will also provide fbr ample Iliture capacity which the City recognizes will be necessary
liar the area that is served by this sewer main; and
WHEREAS, § 51.1 l3 of the Fave(tevillc City Code provides that "the City shall pay the
excess rnaterial cost of facilities ofa size harger than required to service subdivisions when such
excess size is specified and required by the water and wastewater director for the general benefit
ofthe sevverage systern."
I
NOW, THEREFORE, the City ol" Fayetteville, Arkansas and 21 West. II(II au"Ne as
fi) [lows-.
I - The City cif Fayette Arkansas aQrees tee:
A. P,,eimburse 2i VVes,% I 1j)r 50% Ofthe cost to install approximately_271 0 linear
J , ect of 8 -inch sewer main in [lie area identified in E`xhibit -A- Lip to a maximuni-
not-to-exceed amount of IS36,128 avith a contim-,ency Fund not--to-exceed
$7.2125.601 as Nvas o_sLinmwd b� the and shown oro
l Falai sit "B-. atmeho&
B. Pavinents due to 21 VVc,t_ H.Ct shall be remitted ,Nithin sixty (60) days aller
reck:ipt of valid invoices,
2, 21 Wc,�t, L I ,(.'
aQrees IJO:
A. Provide !hc nm.,s,arL and normal project marm!eIrwilt.
I C0111pleEe and acceplable sever main installation, Includill"I
Albmittal of planS,,ujjl� C I % � 1,
their slandard proccdoto . ;. jc�j[joj-ts Co . t[I C't, Dcparti-nem�
B. Provide a copy ofthe iro,-Oic,:s fIrwri the Contrac:Ior upop City approval of the
water main upgrade.
f �2
a
C. Payfor the sewer main installation (with reimbursement of 50% of the cost by
the City of Fayetteville in a not -to -exceed amount of $316,128.00 with a
contingency fund not -to -exceed $7.225.60).
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
21 WEST, LLC
AARON CRiAC71UAVt1- artner
ATTEST:
CITY OF FAYETTEVILLE,
ARKANSAS
06NELiDJ DAN, flavor
ATTEST:
By: - �,, � 6, .��
SONDRA SMITH, Ciiv TRO,
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EXHIBIT B
CALAMON BUILDING CORPORATION
calamonfizisbcglobal . net
December 22, 2016
Mr Tim Nyander, Utilities Director
City of Fayetteville
Fayetteville, AR
On behalf of our client (21 West LLC, PO Box 291, Fayetteville
72702), we are hereby requesting consideration for City cost -share
of the required new sewer line installation under Meadow Street
between West Avenue and Gregg Avenue. I have attached a site
plan showing our intent to add two duplex townhouses to the
property in keeping with the City's stated goals of infill and
densification. I have also attached the preliminary engineered
drawings of that sewer line, as prepared by Jorgensen and
Associates. Lastly, I have attached bids from utilities contractors.
Please consider the following costs:
1. Calamon Building Corporation's cost to review plans, solicit
and review bids, etc.
20 hours @ $52.00
$ 1,040
2. Jorgensen and Associates - cost for plans, construction
staking, inspection, and as -built plans. $ 5,000
3. Matt Wood Plumbing, low bid for installation of work per
Jorgensen's plans and specifications $67,256
4. Portable toilet costs $ 170
Subtotal $73,466
RECEIVED
FEB 2 3 2017
NORTHWESTARKANsAs
CITY
TY CLEFAYETTEVILLE
Democrat*0azette
...,. 1?r �,:)r. ..y_: 3_ ri__t-., -..�, rr, c,. , 1C s WWW..NWA�.
AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5947
Was inserted in the Regular Edition on:
February 16, 2017
Publication Charges: $ 144.30
Karen Caler
Subscribed and sworn to before me
This today of , 2017.
ac e I �
Notary Public
My Commission Expires: ZMv 1,9-
__.........__'o-.::'1
V AJ IF! V `h i.l 5
I•..r yt :'illlf4 '4iiJi ,i., 2:301 i lS tr
**NOTE** Corn n;ssion Expir,"s Feb 20, 2024
Please do not pay from Affidavit y
Invoice will be sent.
Ordinance: 5947
File Number: 2017-0030
21 WEST, LLC COST SHARE:
AN ORDINANCE TO WAIVE THE
REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND
APPROVE A COST SHARE
AGREEMENT WITH 21 WEST, LLC
FOR THE INSTALLATION OF
SEWER MAIN ALONG A PORTION
OF MEADOW STREET BETWEEN
WEST AVENUE AND GREGG
AVENUE, WITH THE ESTIMATED
AMOUNT TO BE PAID BY THE CITY
OF FAYETTEVILLE NOT TO
EXCEED $36,128.00, AND TO
APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT
OF $7,225.60
WHEREAS, 21 West, LLC, which will
be developing property located at 21
West Avenue, has requested that the City
share in the cost of constructing an 8 -
inch sewer main along a portion of
Meadow Street between West Avenue
and Gregg Avenue, a distance of
approximately 270 feet; and
WHEREAS, the City of Fayetteville
would benefit from the cost share as it
will extend sewer service to an area in
the core of the City that has never been
served before and provide for ample
future capacity which the City recognizes
will be necessary for the area that is
served by this sewer main; and
WHEREAS, $ 51.113 of the Fayetteville
City Code provides that "the City shall
pay the excess material cost of facilities
of a size larger than required to service
subdivisions when such excess size is
specified and required by the water and
wastewater director for the general
benefit ofthe sewerage system'; and
WHEREAS, waiving formal competitive
bidding will save time and cost by
utilizing the developer's contractor who
will be on-site installing the line for the
developer's project.
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 an exceptional situation exists
in which competitive bidding is deemed
not feasible or practical and therefore
waives the
requirements offormal competitive
bidding and approves a cost share
agreement with 21 West, LLC for the
installation of an 8 -inch sewer main
along a portion of Meadow Street
between West Avenue and Gregg
Avenue with the estimated amount to be
paid by the City of Fayetteville not to
exceed $36,128.00, and further approves
a project contingency in the amount of
$7,225.60.
PASSED and APPROVED on 2/7/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74025683 Feb. 16, 2017
S
21 WEST, LLC - Change .,.uzr No. 1- Ordinance 5947
City of Fayetteville Staff Review Form
2017-0465
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 8/21/2017 Utilities Director/
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
APPROVAL OF CHANGE ORDER NO. 1 TO THE COST SHARE AGREEMENT WITH 21 WEST, LLC IN THE AMOUNT OF
.$7,225.60 FOR PAYMENT OF THE PROJECT CONTINGENCY FOR A SEWER COST SHARE ON MEADOW STREET.
Budget Impact:
5400.720.5700-5815.00 Water/Sewer
Account Number
Fund -
04039.1 Water/Sewer Impact Fee Cost Sharing Project
Project Number Project Title
Budgeted Item? Yes
Current Budget
$ _ 1,230,231.00
Funds Obligated
$ 207,188.40
Current Balance
$ 1,0123,Q42.60
Does item have a cost? Yes
Item Cost
$ 7,225.60
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
$ 1,015,817.001
V20140710
Previous Ordinance or. Resolution # Ord. 5947
Original Contract Number:
Approval Date: ��� I
Comments:
CITY OF
LNI� FAYETTEVILLE
ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Don Marr, Chief of Staff
FROM: Tim Nyander, Utilities Director
DATE: July 28, 2017
STAFF MEMO
SUBJECT: Approval of Change Order No. 1 to the Cost Share Agreement with 21 West,
LLC
RECOMMENDATION:
Staff recommends the approval of Change Order No. 1 to the cost share agreement with 21
West, LLC in the amount of $7,225.60 for payment of the project contingency.
BACKGROUND:
The cost share agreement with 21 West, LLC was approved on February 7, 2017 by Ordinance
5947. The cost share project was for the installation of a sewer main along a portion of
Meadow St. between West Ave. and Gregg Ave. The agreement was for a not -to -exceed
amount of
$36,128.00, with a project contingency of $7,225.60.
DISCUSSION:
During the installation of the sewer main, the contractor for 21 West, LLC encountered large
amounts of rock that increased the cost of the project. Due to the increases in project costs,
the utilization of the entire contingency is needed to pay 21 West, LLC in the amount of
$7,225.60.
BUDGET/STAFF IMPACT:
Funds are available in the Water & Sewer Impact Fee Cost Sharing Project.
Attachments:
Invoice from 21 West, LLC
Ordinance 5947
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
21 West, LLC
08/21/2017
Shea Fankhouser
Project Coordinator, Water & Sewer
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Dear Mr. Fankhouser:
Below is the invoice for the sewer line cost -share agreement that was entered
between 21 West, LLC and the City of Fayetteville.
INVOICE
Cost share for sewer installation as approved by the City Council on 02/17/2017
50% of expected cost ($72,256.00) $36,128.00
Contingency of 20% 7,225.60
Total D'ue $43,353.60
*Note that the actual cost was $38,924 more than expected (due to 148 cy of
rock removal); however, the contingency was limited to 20%. A 07/26/2017
email from Tim Nyander includes 'The city of Fayetteville will assist by
contributing the additional contingency of $7,225.60 toward the project".
Please remit payment to: 21 West, LLC — P.O. Box 2991, Fayetteville, AR 72702
Sincerely,
Aaron Crawley
P.O. BOX 2991, FAYE_: ETEVILLE,', AR 72702
T(479) 502-0487
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5947
File Number: 2017-0030
21 WEST, LLC COST SHARE:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A COST SHARE AGREEMENT WITH 21 WEST, LLC FOR THE INSTALLATION OF
SEWER MAIN ALONG A PORTION OF MEADOW STREET BETWEEN WEST AVENUE AND
GREGG AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF
FAYETTEVILLE NOT TO EXCEED $36,128.00, AND TO APPROVE A PROJECT CONTINGENCY
- 1N THE AMOUNT OF $7,225.60
WHEREAS, 21 West, LLC, which will be developing property located at 21 West Avenue, has
requested that the City share in the cost of constructing an 8 -inch sewer main along a portion of Meadow
Street between West Avenue and Gregg Avenue, a distance of approximately 270 feet; and
WHEREAS, the City of Fayetteville would benefit from the* cost share as it will extend sewer service to'
an area in the core of the City that has never been served before and provide for ample future capacity
which the City recognizes will be necessary for the area that is served by this sewer main, and
WHEREAS,' § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess material
cost of facilities of a size larger than required to service subdivisions when such excess size is specified and
required by the water and wastewater director for the general benefit of the sewerage system"; and
WHEREAS, waiving formal competitive bidding will save time and cost by utilizing the developer's
contractor who will be on-site installing the line for the developer's project.
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 an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
Page 1 Printed on 218117
Ordinance: 5947File
Number. 2017-0030
requirements of formal competitive bidding and approves a cost share agreement with 21 West, LLC for
the installation of an 8 -inch sewer main along a portion of Meadow Street between West Avenue and
Gregg Avenue with the estimated amount to be paid by the City of Fayetteville not to exceed $36,128.00,
and further approves a project contingency in the amount of $7,225.60.
PASSED and APPROVED on 2/7/2017
`0 JIM111111i
a -Y
p
Attest:'`'� c>
G TO
Sondra E. Smith, City Clerk Treasurer
0
Page 2 Printed•on 218117
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EXHIBIT B
CALAM®N BUILDING CORPORATION
calamon(a sbcg-lobal.net
December 22, 2016
Mr Tim Nyander, Utilities Director
City of Fayetteville
Fayetteville, AR
On behalf of our client (21 West LLC, PO Box 291, Fayetteville
72702), we are hereby requesting consideration for City cost -share
of the required new sewer line installation under Meadow Street
between West Avenue and Gregg Avenue. I have attached a site
plan showing our intent to add two duplex townhouses to the
property in keeping with the City's stated goals of infill and
densification. I have also attached the preliminary engineered
drawings of that sewer line, as prepared by Jorgensen and
_ Associates. Lastly, I have attached bids from utilities contractors. ;
Please consider the -following costs:
1. Calamon Building Corporation's cost to review plans, solicit
and review bids, etc.
20 hours @ $52.00
$ 1)040
2. Jorgensen and Associates - cost for plans, construction
staking, inspection, and as -built plans. $ 5,000
3. Matt Wood Plumbing, low bid for'installation of work per
Jorgensen's plans and specifications $67,256
4. Portable toilet costs 170
Subtotal $73,466
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575.8323
-.�:. Text File
File Number: 2017-0030
Agenda Date: 2/7/2017 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: C. 4
21 WEST, LLC COST SHARE:
File Type: Ordinance
AN ORDINANCE TO WAIVE THE 'REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND APPROVE A COST SHARE AGREEMENT WITH - 21 WEST, LLC FOR THE
INSTALLATION OF SEWER MAIN ALONG A PORTION OF MEADOW STREET BETWEEN
WEST AVENUE AND GREGG AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY
THE CITY OF FAYETTEVILLE NOT TO EXCEED $36,128.00, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $7,225.60
WHEREAS, 21 West, LLC, which will be developing property located at 21 West Avenue, has
requested that the City share in the cost of constructing an .8 -inch sewer main along a portion of
Meadow Street between West Avenue and Gregg Avenue, a distance of approximately 270 feet; and
WHEREAS, the City of Fayetteville would benefit. from the cost share as it will extend sewer service to
an area in the core of the City that has never been served before and provide for ample future capacity
which the City recognizes will be necessary for the area that is served by this sewer main; and
WHEREAS, § 51.113 of the Fayetteville City Code provides that "the City shall pay the excess
material cost of facilities of a size larger than required to service subdivisions when such excess size is
specified and required by the water and wastewater director for the general benefit of the sewerage
system"; and -
WHEREAS, waiving formal competitive bidding will save time and cost by utilizing the developer's
contractor who will be on-site installing the line for the developer's project.
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 an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives
the requirements of formal competitive bidding and approves a cost share agreement with 21 West, LLC
for the installation of an 8 -inch sewer main along a portion of Meadow Street between West Avenue
and Gregg Avenue with the estimated amount to be paid by the City of Fayetteville not to exceed
$36,128.00, and further approves a project contingency in the amount of $7,225.60.
City of Fayetteville, Arkansas Page 1 Printed on 2/812017
I
City of Fayetteville Staff Review Form
2017•-0030
Legistar File ID
2/7/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 1/19/2017 Utilities Director /
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a cost -share agreement between the City of Fayetteville and 21 West, LLC, to share
the costs of installing a sewer main in Meadow Street between West Avenue and Gregg Avenue in the not -to -
exceed amount of $36,128.00 with a contingency fund not -to -exceed $7,225.60 for a total of $43,353.60.
Comments:
Budget Impact:
5400.720.5700-5815.00
Water/Sewer
-
'Account Number
Fund
04039.1 _
Water/Sewer
Impact Fee Cost Sharing
Project
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$
1,270,594.00
Funds Obligated
$
60,917.00
Current Balance
Does item have a cost? Yes
Item Cost
$
43,353.60
Budget Adjustment Attached? No
Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Approval Date:
Comments:
CITY OF
'* Fa AS
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: January 19, 2017
CITY COUNCIL AGENDA MEMO
SUBJECT: Cost Share Agreement with 21 West, LLC
RECOMMENDATION:
Staff recommends approval of a cost -share agreement between the City of Fayetteville and 21
West, LLC, to share the costs of installing a sewer main in Meadow Street between West
Avenue and Gregg Avenue in the not -to -exceed amount of $36,128.00 with a contingency fund
not -to -exceed $7,225.60 for a total of $43,353.60. The estimated total cost of the project is
$72,256.00 The City's portion of the cost share is 50% of the estimated project cost, in the
amount of $36,128.00, plus the contingency.
BACKGROUND:
21 West, LLC has requested that the City share in the cost of installing an 8 -inch sewer line
along a portion of Meadow Street between West Avenue and Gregg Avenue, a distance of
approximately 270 -feet, so that 21 West, LLC may develop the property located at the SW
corner of Meadow Street and West Avenue.
DISCUSSION:
Constructing this segment of 8 -inch main will allow development of these properties and will
also provide for ample future capacity which the City recognizes will be necessary for the area
that is served by this sewer main.
BUDGET/STAFF IMPACT:
Funds for the City portion of work are available in the Water/Sewer Impact Fee Cost Sharing
Project. The final actual cost is based on the bids received by the developer of this project.
ATTACHMENTS:
Staff Review Form
Cost Share Agreement
Exhibit A - Map of Area
Exhibit B — Cost Estimate
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701.
I
CON'rRACTUAL Aj.;REEMENTFOR
COST -SHARE Q SEVVER 14AIN INSTALLATION COSTS
This Agrcernent, made and entered int() )n this —, - ... day of Fehuao% 2011 by and
between the CRY of Fayetteville, Arkansas ("my") and 21 West, LLC (-,21 WCSL")wiinessc(I-.:
IVHEREAN 21 West has rC(lUeS(Cd that Me City Aare in he WS1 CqC0nMr`UCLMg an 8-
k,
inch Sewer main along a portion of' Meadow Street bci\ e e n We, Avenue
and Gireggo Avenue, a
distance of approxhnuely 270 fea, so that 2i Wes! may develop tht: property located at the
southwest corner of Meadow Street and WcA Avenue; and
'WHEREAS, constructing this ,,q,,nwnt of 8 -inch sewer n-tain 1110%V JCYCIOPMent. Of'
this property, k0l extend sewer service m an area in the core of the Ciry that has never been saved
behm and will also providc for ample future Capacity which the CRY mmgnius W bc necessary
Pr the area that is served h»•• this sorer main; and
WHAEAS, § SLI n ol'be FaYetlev% My Code provides that -the (1ityshay pay the
excess material cost of Mcilities of a -size larger than required to Service Subdivisions Nvilet) such
excess size is Specified anti required by the water and mmmewater director for the zyeijeral benefit
ofthe sewerage system."
NOMq THEREFORE, We CO3` Of AtIamas and 21 West, III: agree as
fbflmvs:
I 'I'lle Ciq'of lNeWiN Arkansas agrees t):
A. Int; n%me 21 VIC 14 50% 0111w coa tik"tall vppr()Nimakeh 270 linear
:1zef M'S. -inch scN\cr mmin in the awealdentified in LUMA -A- up to a max3a31un-
110140-CNITed amount of $36J28 wirb a contoWency Ind nviAwexcced
as mns emium, L, the hP1Q&vmPmwmnQc and Amwn on.
a(lached.
to 21 A!, shmil RT) dqS after
1 21 wm 1. Ik ag"s to:
A. Provide thc
ar.t arld ;-!(,Inial project inspuctif)(I., afl(l Icsting
for a zul".1 uc.Cplabk, mN Ci- 'Win ins!.allalion. includim-Y
,,t1binktal cifpt: ray md 1%,cificaLialls i l (11c, Cit\'s
the& mandard procudim.
S! CU10 Ufdw hw�"' hOM to L"nunhw upm Cly qVRwj 6f die
Mer main upylodc.
141. i ar,...
n
C. Pay for the sewer main installation (with reimbursement of 50% of the cost by
the City of Fayctteville in a not -to -exceed amount of $16,128.00 with a
contingency Rind not -to -exceed $7,225.60).
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
.SIGN BELOW:
21 WEST, LLC CITY OF FAYETTEVILL,F.,
JIKAN:S AS
By: _
AA.IZUN, CRAAA'.I: V � ;irtner QNF;LI) Im ~ Ur1iti', May.
A TI:;ST: .ATTEST:
3.. ..:........._.. _ _. _...... _... .._..__...... By
SONDRA .. AMITH. City C'`�`t
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EXHIBIT B
December 22, 2016
Mr Tim Nyander, Utilities Director
City of Fayetteville
Fayetteville, AR
On behalf of our client (21 West LLC, PO Box 291, Fayetteville
72702), we are hereby requesting consideration for City cost -share
of the required new sewer line installation under Meadow Street
between West Avenue and Gregg Avenue. I have attached a site
plan showing our intent to add two duplex townhouses to the
property in keeping with the City's stated goals of infill and
densification. I have also attached the preliminary engineered
drawings of that sewer line, as prepared by Jorgensen and
Associates. Lastly, I have attached bids. from utilities contractors.
Please consider the following costs:
1. Calamon Building Corporation's cost to review plans, solicit
and review bids, etc.
20 hours @ $52.00
$ 1,040
2. Jorgensen and Associates - cost for plans, construction
staking, inspection, and as -built plans. $ 5,000
3. Matt Wood Plumbing, low bid for installation of work per
Jorgensen's plans and specifications $67,256
4. Portable toilet costs 170
Subtotal $73,466