HomeMy WebLinkAboutORDINANCE 5975113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5975
File Number: 2017-0229
MILLSAP DRAINAGE COST SHARE:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A COST SHARE AGREEMENT WITH SOUTHERN STAR ENTERPRISES, LLC FOR THE
INSTALLATION OF DRAINAGE IMPROVEMENTS ALONG A PORTION OF EAST MILLSAP ROAD
WITH THE CITY OF FAYETTEVILLE'S SHARE OF THE COSTS NOT TO EXCEED $49,070.40, AND
TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00
WHEREAS, Southern Star Enterprises, LLC receives offsite storm water runoff from adjacent
developments that appears to be damaging its parking area located at 509 N. Millsap Road and desires
to install an underground drainage collection system to connect the new improvements to the City's
downstream collection system; and
WHEREAS, Southern Star Enterprises, LLC has requested that the City share in the cost of
constructing drainage improvements along East Millsap Road as part of Southern Star's commitment to
improve its parking area; and
WHEREAS, § 170.05 of the Fayetteville Unified Development Code allows for cost sharing and states "If
it is determined that offsite drainage improvements are required, and that such specific off-site drainage
improvements are consistent with the city's current and established priorities, then cost sharing will be in
accordance with "Required Off-site Improvements;" and
WHEREAS, City engineers explored various options to alleviate the drainage problems in this area and
have determined that the proposed offsite drainage improvements in the City's right of way are required
and, further, that these improvements are consistent with the City's priorities; and
WHEREAS, the City's Transportation Division is unable to work this project into its 2017 program year and
waiving formal competitive bidding will save time and cost by utilizing the developer's contractor who
will be on-site installing the privately -owned drainage improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 5/17/17
Ordinance: 5975
File Number: 2017-0229
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
Southern Star Enterprises, LLC for the installation of drainage improvements along a portion of East Millsap
Road, with the City of Fayetteville providing the 30 -inch corrugated plastic pipe necessary for the project at
a cost of $7,200.00 and paying the portion of the construction costs for the improvements within the City's
right of way in an amount not to exceed $41,870.40, and further approves a project contingency in the
amount of $5,000.00.
PASSED and APPROVED on 5/16/2017
Attest:
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Sondra E. Smith, City Clerk Treasurer
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Page 2 Printed on 5/17/17
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0229
Agenda Date: 5/16/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 2
MILLSAP DRAINAGE COST SHARE:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND APPROVE A COST SHARE AGREEMENT WITH SOUTHERN STAR ENTERPRISES, LLC
FOR THE INSTALLATION OF DRAINAGE IMPROVEMENTS ALONG A PORTION OF EAST
MILLSAP ROAD WITH THE CITY OF FAYETTEVILLE'S SHARE OF THE COSTS NOT TO
EXCEED $49,070.40, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$5,000.00
WHEREAS, Southern Star Enterprises, LLC receives offsite storm water runoff from adjacent
developments that appears to be damaging its parking area located at 509 N. Millsap Road and desires
to install an underground drainage collection system to connect the new improvements to the City's
downstream collection system; and
WHEREAS, Southern Star Enterprises, LLC has requested that the City share in the cost of
constructing drainage improvements along East Millsap Road as part of Southern Star's commitment to
improve its parking area; and
WHEREAS, § 170.05 of the Fayetteville Unified Development Code allows for cost sharing and states
"If it is determined that offsite drainage improvements are required, and that such specific off-site
drainage improvements are consistent with the city's current and established priorities, then cost sharing
will be in accordance with "Required Off-site Improvements;" and
WHEREAS, City engineers explored various options to alleviate the drainage problems in this area and
have determined that the proposed offsite drainage improvements in the City's right of way are required
and, further, that these improvements are consistent with the City's priorities; and
WHEREAS, the City's Transportation Division is unable to work this project into its 2017 program
year and waiving formal competitive bidding will save time and cost by utilizing the developer's
contractor who will be on-site installing the privately -owned drainage improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
$ction 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
City of Fayetteville, Arkansas Page 1 Printed on 511712017
File Number: 2017-0229
the requirements of formal competitive bidding and approves a cost share agreement with Southern Star
Enterprises, LLC for the installation of drainage improvements along a portion of East Millsap Road,
with the City of Fayetteville providing the 30 -inch corrugated plastic pipe necessary for the project at a
cost of $7,200.00 and paying the portion of the construction costs for the improvements within the
City's right of way in an amount not to exceed $41,870.40, and further approves a project contingency
in the amount of $5,000.00.
City of Fayetteville, Arkansas Page 2 Printed on 511712017
City of Fayetteville Staff Review Form
2017-0229
egistar File 1D
5/x.6/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 3/17/2017 Engineering /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of cost share for drainage improvements along E Millsap Rd in the amount of $41,870.40 (City's share) as
well as an additional $7,200 to purchase pipe material to help alleviate drainage issues along the street and at 509 E
Millsap Rd and approve a $5,000 contingency.
4470.621.8810.5817.00
Budget Impact:
4470 -Sales Tax Capital Improvements
Account Number Fund
02108.1 Bridge and Drainage Improvements
Project Number Project Title
Budgeted Item? Yes Current Budget $ 271,431.00
Funds Obligated $ -
Current Balance
Does item have a cost? Yes Item Cost $ 49,070.40
Budget Adjustment Attached? No Budget Adjustment
# Remaining Budget
v�aaaoraa
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Tay` V., —Vlie
ARKANSAS
MEETING OF MAY 16, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: April 24, 2017
STAFF MEMO
SUBJECT: Approval of cost share for drainage improvements along E Millsap Rd in
the amount of $41,870.40 (City's share) as well as an additional $7,200 to purchase
pipe material to help alleviate drainage issues along the street and at 509 E Millsap Rd
and approve a $5,000 contingency.
RECOMMENDATION:
Approval of cost share for drainage improvements along E Millsap Rd in the amount of
$41,870.40 (City's share) as well as an additional $6,500 to purchase pipe material to help
alleviate drainage issues along the street and at 509 E Millsap Rd and approve a $5,000
contingency.
BACKGROUND:
In 2015 the City of Fayetteville was approached by the property owner of 509 E Millsap to
-discuss drainage issues across their parking area. The drainage from the development and
surrounding areas is routed through an asphalt swale in the parking area. This swale has
experienced water damage and been repaired several times of the last few years. There are
also concerns with the patrons- of the building having to walk through the swale that is
damaged and full of water during rain events. This runoff also currently drains into Millsap from
the driveway into the property. This drainage then runs down Millsap and to an inlet
downstream. During heavy rain events, this can create a large spread of water into Millsap.
After discussion with the property owner, staff performed a drainage analysis for the area. The
drainage area, although not extremely large, does include portions of the surrounding
developed area. Given the current situation, several options were explored. While the owner
desired an underground system, staff also investigated the option of a drainage swale such that
the drainage would continue to be overland flow. However, this did not address the property
owners concern that the patrons would continue to walk through several inches of water to
access the building. This option would also do nothing to address the water running into
Millsap from the parking area.
An option to try and pipe the water from the parking area and drain it into the flume on the NW
portion of the property was also explored. However, there was not enough elevation
difference in order to daylight a piping system into the flume and again this did not address the
water flowing into Millsap. It would only divert that water slightly closer to the existing inlet
system.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Lastly, a piping system was developed along Millsap that would pick up the drainage
improvements in the parking area and divert this runoff downstream. This would help to
address the runoff draining into Millsap as well as provide an opportunity for the owner to tie
into this system with a private drainage system within their parking area. This system is
represented on the attached exhibit.
DISCUSSION:
Due to current workload, it does not appear the transportation division could work this into the
2017 program year. Therefore, the property owner has requested that the City participate in
the cost of the improvements within the City right-of-way. The attached agreement represents
the scenario in which the City would reimburse the owner for expenses incurred to install the
system within City right-of-way. As a part of the agreement, the City would also purchase the
pipe materials to be used within the right-of-way utilizing our annual bid prices and suppliers as
well as replace the sidewalk at a later date with our own_ forces. Although the City did request
additional quotes from contractors, all declined due to the size of the project and their current
workload. Therefore, the cost share appears to be the most efficient way to complete this
project in a timely fashion.
BUDGET/STAFF/IMPACT:
As stated the total cost of the City's portion of the project would be $49,070.40 with the
property owner's portion within their parking area exceeding that figure. This would be
proposed to be funded from the Engineering Divisions sales tax capital improvement budget for
drainage improvements.
Attachments:
Proposed Agreement with Owner
Drainage Improvement Exhibit
City/Owner Cost Breakdown
CONTRACTUAL AGREEMENT FOR
COST SHARE OF DRAINAGE IMPROVEMENT COSTS
This Agreement, made and entered into on this 10�day of AV4, 2017, by and between
the City of Fayetteville, Arkansas ("City") and Southern Star Enterprises, LLC ("Southern
Star"), witnesseth:
WHEREAS, Southern Star receives offsite storm water runoff from adjacent
developments that appears to be damaging their parking area located at 509 N Millsap Road; and
WHEREAS, if Southern Star desires to install an underground drainage collection
system said storm drain is necessary in order to connect the new improvements to the
downstream collection system; and
WHEREAS, Southern Star has committed to improving their parking area located at 509
N Millsap Road and requested that the City share in the cost of constructing drainage
improvements adjacent to N Millsap Road, west of Plainview Avenue, a distance of
approximately 190 feet, so that Southern Star may can complete those improvements; and
WHEREAS, § 170.05 of the Fayetteville Unified Development Code allows for cost
sharing and states "If it is determined that offsite drainage improvements are required, and .that
such specific -off-site drainage improvements are consistent with the city's current and
established priorities, then cost sharing will be in accordance with "Required Off-site
Improvements.''
NOW, THEREFORE, the City of Fayetteville, Arkansas and Southern Star Enterprises,
LLC agree as follows:
1. The City of Fayetteville, Arkansas agrees to:
A. Reimburse Southern Star Enterprises, LLC for $41,870.40 which represents
the cost to install approximately 328 linear feet of 30 -inch storm drain along
with the installation of four inlet boxes in the area identified in Exhibit "A",
attached.
B. Payments due to Southern Star Enterprises, LLC, shall be remitted within
sixty (60) days after receipt of valid invoices.
C. Expose the, utilities at strategic locations chosen by a contractor engaged by
Southern Star and the City. Ilowever, after the exposure of the utilities by the
City, Southern Star and/or the contractor engaged by Southern Star would be
responsible for any damage to existing lines.
D. Provide 30 -inch corrugated plastic pipe to be installed by Southern Star or the
contractor engaged by Southern Star.
Pagel of 2
2. Southern Star Enterprises, LLC agrees to:
A. Provide the necessary and normal project management, inspection, and testing
as necessary for a complete and acceptable storm drain installation per the
City of Fayetteville :Standard Specifications for Street and Drainage
Construction.
B. Provide a copy of the invoices from the Contractor upon City approval of the
storm drainage installation.
C. Pay for the storm drainage installation (with reimbursement of $41,870.40 of
the cost by the City of Fayetteville).
3. It is further understood that the contract for construction is between Southern Star and
his Contractor and that the City has no contractual obligation with either the
Contractor or any agent for Southern Star. The City's only obligation shall be to
participate in a contractual agreement with a not -to -exceed amount of $41,870.40 for
the drainage improvements.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
SOUTHERN STAR
ENTERPRISES, LLC
B -N--
Lloyd Trichell, Reg. Agent
CITY OF FAYETTEVILLE,
ATTEST:
ATTEST:
By/
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CA.,vv�.,•Ca,+` Gt: r1
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SONDRA SMITH, City Clerk
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Page 2 of 2
TOMLINSON ASPHALT CO., INC.
PROPOSAL Rev #5.
Job Name: Millsap Medical Office 4/25/17
CI IRMITTFr) Tn. rlr- Trirhall/ ritv of Favetteville
ITEM # IDESCRIPTION
I QTY JUNIT
J.UNITCOST
AMOUNT
Storm drain Improvements Dr. Trichell Portion
1
30".RCP with Full Depth Base Backfill
144
LF
$
122.18
$
17,593.92
2
24" RCP with Full Depth Base Backfill
52
LF
$
125.00
$
6,500.00
3
18" RCP with Full Depth Base Backfill
160
LF
$
112.50
$
18,000.00
4
Neenah 4999-1-6 Trench Grate
20
LF
$
420.00
$
8,400.00
5
Curb Inlet: #92,103
2
EA
$
4,300.00
$
8,600.00
6
Area Drains: #97,104,95,99,105
5
EA
$
4,600.00
$
23,000.00
7
Concrete Drainage Swale: Includes 7" Class -7, 5" Concrete 3,500 psi Concrete
2,960
S.F.
$
7.46
$
22,081.60
8
General Expenses: Final Clean up, Traffic Control, Job Maint_
1
EA
$
3,000.00
$
3,000.00
Total Cost for on-site portion of project
Sulu -total
$
107,175.52
1
30" CPP with Full Depth Base Backfill **CPP PROVIDED BY THE CITY**
328
LF
$
86.80
$
28,470.40
2
Junction Boxes: #94,92,91,90
4
EA
$
2,850.00
$
11,400.00
3
General Expenses: Final Clean up, Traffic Control, Job Maint.
1
EA
$
2,000.00
$
2,000.00
Total Cost for Off-site portion of project
sub -total
$
41,870.40
PRICE SUMMARY
TOTAL
$
149,04532
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ENGINEERING
DIVISION MILLSAP DRAINAGE IMPROVEMENTS
577 MILLSAP DR, FAYETTEVILLE, AR.
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1,S W. MOUNTAIN STREETTa%vw-e-"vV
NORTHWEST .ARKANSAS
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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. 5975
Was inserted in the Regular Edition on:
May 25, 2017
Publication Charges: $ 17 60
Kar Caler
Subscribed and sworn to before me
This ':N day of/*, 2017.
CAZX, WX&
Notary Public '
My Commission xpires: Z
RECEIVED
JUN 0 5 2017
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 5975
File Number: 2017-0229
MILLSAP DRAINAGE COST SHARE:
AN ORDINANCE TO WAIVE THE
REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND
APPROVE A COST SHARE
AGREEMENT WITH SOUTHERN STAR
ENTERPRISES, LLC FOR THE
INSTALLATION OF DRAINAGE
IMPROVEMENTS ALONG A PORTION
OF EAST MILLSAP ROAD WITH THE
CITY OF FAYETTEVILLE'S SHARE OF
THE COSTS NOT TO EXCEED
$49,070.40, AND TO APPROVE A
PROJECT CONTINGENCY IN THE
AMOUNT OF $5,000.00
WHEREAS, Southern Star Enterprises,
LLC receives offsite storm water runoff
from adjacent developments that appears to
be damaging its parking area located at 509
N. Millsap Road and desires to install an
underground drainage collection system to
connect the new improvements to the City's
downstream collection system; and
WHEREAS, Southern Star Enterprises,
LLC has requested that the City share in the
cost of constructing drainage improvements
along East Millsap Road as part of Southern
Star's commitment to improve its parking
area; and
WHEREAS, § 170.05 of the Fayetteville
Unified Development Code allows for cost
sharing and states "If it is determined that
offsite drainage improvements are required,
and that such specific off-site drainage
improvements are consistent with the city's
current and established priorities, then cost
sharing will be in accordance with
"Required Off-site Improvements;" and
WHEREAS, City engineers explored
various options to alleviate the drainage
problems in this area and have determined
that the proposed offsite drainage
improvements in the City's right of way are
required and, further, that these
improvements are consistent with the City's
priorities; and
WHEREAS, the City's Transportation
Division is unable to work this project into
its 2017 program year and waiving formal
competitive bidding will save time and cost
by utilizing the developer's contractor who
will be on-site installing the privately -
owned drainage improvements.
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
Southern Star Enterprises, LLC for the
installation of drainage improvements along
a portion of East Millsap Road, with the
City of Fayetteville providing the 30 -inch
corrugated plastic pipe necessary for the
project at a cost of $7,200.00 and paying
the portion of the construction costs for the
improvements within the City's right ofway
in an amount not to exceed $41,870.40, and
further approves a project contingency in
the amount of $5,000.00.
PASSED and APPROVED on 5/16/2017
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74144819 May 25, 2017