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Home My WebLink AboutORDINANCE 5992s�rverr 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5992 File Number: 2017-0393 DIXIE LANDING, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH DIXIE LANDING, LLC FOR THE EXTENSION OF A WATER MAIN ALONG A PORTION OF FRESHWATER AVENUE BETWEEN EAST TOWNSHIP STREET AND MARKS MILL LANE WITH THE CITY'S PORTION OF THE COST NOT TO EXCEED $32,285.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,457.00 WHEREAS, Dixie Landing, LLC has received administrative approval from the City's Planning Division for a project at the southeast corner of East Township Street and Freshwater Avenue, contingent upon an extension of the existing water main to the development; and WHEREAS, Dixie Landing, LLC has requested that the City share in the cost of constructing an 8 -inch water main along a portion of Freshwater Avenue between East Township Street and Marks Mill Lane, a distance of approximately 540 feet; and WHEREAS, construction of the 8 -inch water main will better serve future water demands in the area by upgrading the 4 -inch line that would have been required for a project of this size, provide water service to a project which is increasing the population density in this area, improve service and fire protection for residents and businesses in the area, and eliminate a dead-end line by creating a looped system; and WHEREAS, § 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size that is larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 8116117 Ordinance: 5992 File Number- 2Q17 -Q223 Secti 7- 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 Dixie Landing, LLC for the extension of an 8 -inch water main along a portion of Freshwater Avenue between East Township Street and Marks Mill Lane with the estimated amount to be paid by the City of Fayetteville not to exceed $32,285.00, and further approves a project contingency in the amount of $6,457.00. PASSED and APPROVED on 8/15/2017 I Attest: [1`ivG� Q �. ,� �rtrrrrrrr Sondra E. Smith, City Clerk Tr*"rp Y O,c•{�`' W ; FAYET7£VILLF, • ' rr. ro fit Wo0\ 7 Page 2 Printed on 8116117 113 West Mountain Street City of Fayetteville, Arkansas Fayetteville. AR 72701 (479) 575-8323 Text File File Number: 2017-0393 Agenda Date: 8/15/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 7 DIXIE LANDING, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH DIXIE LANDING, LLC FOR THE EXTENSION OF A WATER MAIN ALONG A PORTION OF FRESHWATER AVENUE BETWEEN EAST TOWNSHIP STREET AND MARKS MILL LANE WITH THE CITY'S PORTION OF THE COST NOT TO EXCEED $32,285.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,457.00 WHEREAS, Dixie Landing, LLC has received administrative approval from the City's Planning Division for a project at the southeast corner of East Township Street and Freshwater Avenue, contingent upon an extension of the existing water main to the development; and WHEREAS, Dixie Landing, LLC has requested that the City share in the cost of constructing an 8 -inch water main along a portion of Freshwater Avenue between East Township Street and Marks Mill Lane, a distance of approximately 540 feet; and WHEREAS, construction of the 8 -inch water main will better serve future water demands in the area by upgrading the 4 -inch line that would have been required for a project of this size, provide water service to a project which is increasing the population density in this area, improve service and fire protection for residents and businesses in the area, and eliminate a dead-end line by creating a looped system; and WHEREAS, § 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size that is larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: 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 Dixie Landing, LLC for the extension of an 8 -inch water main along a portion of Freshwater Avenue between East Township Street and Marks Mill Lane with the estimated amount to be paid by the City of Fayetteville not to exceed $32,285.00, and further approves a project contingency in the amount of $6,457.00. City of Fayetteville, Arkansas Page 1 Printed on 8/18/2017 File Number: 2017-0393 City of Fayetteville, Arkansas Page 2 Printed on 811612017 Tim Nyander Submitted By City of Fayetteville Staff Review Form WMM Legistar File ID 8/15/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/28/2017 Utilities Director/ _ Utilities Department Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH DIXIE LANDING, LLC FOR A WATERLINE EXTENSION ON NORTH FRESHWATER AVENUE BETWEEN EAST TOWNSHIP STREET AND MARKS MILL LANE, IN THE NOT -TO -EXCEED AMOUNT OF $32,285.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,457.00 FOR A TOTAL OF $38,742.00 Original Contract Number: Approval Date: 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 $ 1,230,231.00 Funds Obligated $ 196,453.75 Current Balance Does item have a cost? Yes Item Cost $ 38,742.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILLE IP1111RIT ARKANSAS MEETING OF AUGUST 15, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: July 27, 2017 CITY COUNCIL MEMO SUBJECT: Cost Share Agreement with Dixie Landing, LLC for a Water Line Extension on Freshwater Avenue RECOMMENDATION: Staff recommends approval of a cost share agreement between the City of Fayetteville and Dixie Landing, LLC to share the costs of extending a waterline on Freshwater Avenue, between East Township Street and Marks Mill Lane in the not -to -exceed amount of $32,285.00, and approval of a project contingency in the amount of $6,457.00 for a total cost of $38.742.00. BACKGROUND: Dixie Landing, LLC has requested that the City share in the cost of extending an 8 -inch waterline along a portion of Freshwater Avenue between E. Township St. and Marks Mill Ln., a distance of approximately 540 feet, so that water can be provided to lots in Summit Place Subdivision. DISCUSSION: The City's portion of the cost share is to upgrade what would have been a 4 -inch waterline to an 8 -inch waterline to better serve future water demands in the area. Extending this waterline will create a loop in the system back to the 12 -inch water main on E. Township St., which will benefit the water system in several ways. The loop will eliminate a dead-end line, which will improve water quality. The loop will also improve fire flow capacities in the area. BUDGET/STAFF IMPACT: Funds for the City's portion are available in the Water Impact Fee Cost Sharing Project. Attachments: Cost Share Agreement Attachment A — Cost Detail Attachment B — Map of Area Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE. OF WATER MAIN UPGRADE COSTS This Agreement, made and entered into on this —E day of August, 2017, by and between the City of Fayetteville, Arkansas ("City") and Dixie Landing, LLC ("Dixie Landing"), witnesseth: WHEREAS, on May 22, 2017, Dixie Landing received administrative approval by the City's Planning Division for a project at the southeast corner of Township Street and Freshwater Avenue, contingent upon an extension of the existing water main to the development; and WHEREAS, during the course of design review by the City of Fayetteville, Dixie Landing was made aware of an existing water volume fire flow issue with the proposed water piping; and WHEREAS, increasing the size of this approximately 540 -foot segment from a 4 -inch main to an 8 -inch main will alleviate the current water volume deficiency and allow the development to connect, and will provide improved service and fire protection for residents and business in the area; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide a - secondary water loop to help prevent the possibility of residents losing water service in the event of a water leak in the area; and WHEREAS, § 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size that is larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system." NOW, THEREFORE, the City of Fayetteville, Arkansas and Dixie Landing, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Dixie Landing, LLC for 50.3% of the cost to install approximately 540 linear feet of 8 -inch water main in the area identified in Attachment "A" up to a maximum -not -to -exceed amount of $32,285 as was estimated by the builder's representative and shown on Attachment `B", attached. The 50.3% cost represents the excess materials and labor cost required to fully install the water line. B. Remit payments due to Dixie Landing, LLC within sixty (60) days after receipt of valid invoices. 2.. Dixie Landing, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable water main installation, including submittal of plans and specifications to the City's Engineering Department, per their standard procedures. B. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. C. Pay for the water main installation (with reimbursement of 50.3% of the cost by the City of Fayetteville in a not -to -exceed amount of $32,285 with a contingency fund not -to -exceed $6,457. It is further understood that the contract for construction of the water main upgrade is between Dixie Landing, LLC and its 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 this agreement with a not -to -exceed reimbursable amount of $32,285.00 for the water main installation, with a contingency fiord not -to -exceed $6,457.00. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: DIXIE LANDING, LLC, J01? IRAN .FCTE ti ATTEST: By- , I/ 6�-i "' ut(�f - 7W2,Wngtorl EY $ROOKS ublic-Mkonsal CountyFICOMM1411on lri}2b9®9'a CITY OF FAYETTEVILLE, ARKANSAS LIONELD JORDAN, Mayor ATTEST: By _ -- SONDRA SMITH, City Clerk ATTACHMENT A ORGENSN +ASSOCIAI ES C.0 Eng neerinq Surveying June 28, 2017 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: Freshwater Waterline Extension 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 ';Mire A: 442 9127 Fax: 47;z',„£32 4807 lorga-nsertcYSC'ic coni In regards the waterline extension along Freshwater Avenue, we are kindly seeking a cost share with the city to loop this line. In order to extend water service to the new lots, an 8” main will be installed to the end of the lots with a fire hydrant. Summit Place Subdivision currently has one 8" connection to a public 12" main along Township. Looping the new line to Township will benefit the city is multiple ways (improved hydraulics, maintenance, and fire flow capacities). Below, we have included the lowest contractor's bid for the project (from MH Backhoe). Developer's Bid Tab Item Description Qty. Unit Unit Price i 001 8" PVC, Water Main 230 LF $65.00 $14,950.00 002 8"x12" Tap + Valve 1 EA $3,800.00 $3,800.00 003 Remove and Replace Asphalt + Curb 1 LS $1,500.00 $1,500.D0 004 Remove and Replace Sidewalk 1 LS $500.00 $500.00 005 Fire Hydrant 1 LS $5,000.00 $5,000.00 006 Traffic Control 1 LS $500.00 $500.00 007 Clean+Test 1 LS $500.00 $500.00 008 Bond 1 LS $1,500.00 $1,500.00 009 Clear +Grub, Waste Management, Erosion Control 1 LS $250.00 $250.00 $28,500.00 Cost Share Bid Tab Item Description Qty7 Unit 11 Unit Price Total 001 8" PVC, C-900 Class 200 DR -14 Water Main 311 LF $65.00 $20,215.00 002 8"x8" Tap -and Valve 1 EA $3,800.00 $3,800.00 003 Remove and Replace Sidewalk 1 LS $500.00 $500.00 004 Install 8" 11.25° Bend 2 EA $400.00 $800.00 005 Install 8" 22.5° Bend 2 EA $400.00 $800.00 006 Connect ex WM to new Main 1 LS $500.00 $500.00 007 Clean +Test 1 LS $500.00 $500.00 008 Bond 1 LS $1,500.00 $1,500.00 009 Clear+ Grub, Waste Management, Erosion Control 1 LS $250.00 $250.00 $28,865.00 Total Estimated Cost: $57,365 Engineering, Surveying, Inspection Cost: $6,800 Total Estimated Cost: $64,165 Developer's portion: 49.7% Cost share portion: 50.31 We are kindly asking that the City cost share the proportional difference in looping the waterline extension: 50.31 of $6,800 ($3,420), for a total of $32,285. Please review at your convenience and let us know how we can be of further assistance for this project. Freshwater Waterline Extension ATTACHMENT B NORTHWEST ARKANSAS Democrat IF 0azette RECEIVED AUG 3 1 2017 GIT`( aJF F.aaYETT��II � ev �LEhC�C� 1 "'_`'tx+:r'.... a;<": �7(; 69E S ddu ;J'•1 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. 5992 Was inserted in the Regular Edition on: August 24, 2017 Publication Charges: $ 150.80 4�0� 0 a Co A=:�_ Karen Caler Subscribed and sworn to before me This ?D day of ab , 2017. au, ."i J Notary Public My Commission Expires: CHTF1`l VdII.ES �rlcansas • Fenlon Coun�F �otasy i'ublic - Cornrn�� 12307118 �Y Commission :sires Feb 20.202 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 5992 File Number: 2017-0393 DIXIE LANDING, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH DIXIE LANDING, LLC FOR THE EXTENSION OF A WATER MAIN ALONG A PORTION OF FRESHWATER AVENUE BETWEEN EAST TOWNSHIP STREET AND MARKS MILL LANE WITH THE CITY'S PORTION OF THE COST NOT TO EXCEED $32,285.00, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,457.00 WHEREAS, Dixie Landing, LLC has received administrative approval from the City's Planning Division for a project at the southeast corner of East Township Street and Freshwater Avenue, contingent upon an extension of the existing water main to the development; and WHEREAS, Dixie Landing, LLC has requested that the City share in the cost of constructing an 8 -inch water main along a portion of Freshwater Avenue between East Township Street and Marks Mill Lane, a distance of approximately 540 feet; and WHEREAS, construction of the 8 -inch water main will better serve future water demands in the area by upgrading the 4 - inch line that would have been required for a project of this size, provide water service to a project which is increasing the population density in this area, improve service and fire protection for residents and businesses in the area, and eliminate a dead- end line by creating a looped system; and WHEREAS, § 51.112 of the Fayetteville City Code provides that "the City shall pay the excess material cost of facilities of a size that is larger than required to serve subdivisions when such excess size is specified and required by the water and wastewater director for the general benefit of the water system." 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 Dixie Landing, LLC for the extension of an 8 -inch water main along a portion of Freshwater Avenue between East Township Street and Marks Mill Lane with the estimated amount to be paid by the City of Fayetteville not to exceed $32,285.00, and further approves a project contingency in the amount of $6,457.00. PASSED and APPROVED on 8/15/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74247450 Aug. 24, 2017