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Home My WebLink AboutORDINANCE 5995113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5995 File Number: 2017-0461 GARDEN DISTRICT TOWNHOMES, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR THE INSTALLATION OF WATER MAIN ALONG A PORTION OF 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $16,327.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,632.75 WHEREAS, Garden District Townhomes, LLC will be developing property located at the corner of 9th Street and South Washington Avenue and has requested that the City share in the cost of constructing a 6 -inch sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, a distance of approximately 340 feet; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will upgrade infrastructure in the core of the City, improve service and fire protection for residents and business in the area, allow for 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 provide for ample future capacity which will facilitate future development; and WHEREAS, § 51.112 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. Page 1 Printed on 916117 Ordinance: 5995 File Number 2017-0461 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 Garden District Townhomes, LLC for the installation of a 6 -inch water main along a portion of 9th Street between South College Avenue and South Washington Street with the estimated amount to be paid by the City of Fayetteville not to exceed $16,327.50, and further approves a project contingency in the amount of $1,632.75. PASSED and APPROVED on 9/5/2017 Attest: Sondra E. 'Smith, City Clerk Treasurer sti1t�rrr► FREr�s�i OA - ice, • �� =U= y=p,YE�VILL ,,111111111110 Page 2 Printed on 916117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0461 Agenda Date: 9/5/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 GARDEN DISTRICT TOWNHOMES, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR THE INSTALLATION OF WATER MAIN ALONG A PORTION OF 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE INOT TO EXCEED $16,327.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,632.75 WHEREAS, Garden District Townhomes, LLC will be developing property located at the corner of 9th Street and South Washington Avenue and has requested that the City share in the cost of constructing a 6 -inch sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, a distance of approximately 340 feet; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will upgrade infrastructure in the core of the City, improve service and fire protection for residents and business in the area, allow for 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 provide for ample future capacity which will facilitate future development; and WHEREAS, § 51.112 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 projeFt. 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 Garden District Townhomes, LLC for the installation of a 6 -inch water main along a portion of 9th Street between South College Avenue and South Washington Street with the estimated amount to be paid by the City of Fayetteville City of Fayetteville, Arkansas Page 1 Printed on 91612017 File Number: 2017-0461 not to exceed $16,327.50, and further approves a project contingency in the amount of $1,632.75. City of Fayetteville, Arkansas Paye 2 Printed on 9/612017 4 City of Fayetteville Staff Review Form 2017-0461 Legistar File ID 9/5/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 8/18/2017 Utilities Director / Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR CONSTRUCTION OF A WATERLINE ON 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, IN THE NOT -TO -EXCEED AMOUNT OF $16,327.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,632.75 FOR A TOTAL COST OF $17,960.25. Budget Impact: 5400.720.5600-5808.00 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 $ 189,228.15 Current Balance x<z i;CxS Does item have a cost? Yes Item Cost $ 17,960.25 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 5, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: August 18,-2017 CITY COUNCIL MEMO SUBJECT: Cost Share Agreement with Garden District Townhomes, LLC for Construction of a Waterline on 9th Street - RECOMMENDATION: Staff recommends approval of a cost share agreement between the City of Fayetteville and Garden District Townhomes, LLC to share the costs of constructing a waterline on 9'h Street, between South College Avenue and South Washington Avenue in the not -to -exceed amount of $16,327.50, and approval of a project contingency in the amount of $1,632.75 for a total cost of $17,960,25. BACKGROUND: Garden District Townhomes, LLC has requested that the City share in the cost of designing and constructing a 6 -inch waterline along a portion of 9►h Street between South College Avenue and South Washington, a distance of approximately 340 feet, to facilitate the lot splits in the area and increase population density. DISCUSSION: Installing this approximately 340 -foot segment of 6 -inch main will alleviate the current water volume deficiency, allow the development to connect and also allow for a secondary water loop to help prevent the possibility of residents losing water service in the event of a water leak 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 Exhibit A — Map of Area Exhibit B — Cost Detail Exhibit C — Engineering Costs Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF WATER MAIN INSTALLATION COSTS This Agreement, made and entered into on this 5-kt day of September 2017, by and betwecn the City of Fayetteville, Arkansas ("City") and Garden District Townhomes, LLC., witnesseth: WHEREAS, Garden District Townhomes, LLC received approval by the City's Planning Department on April 11, 2016, for lot splits at the corner of 9th Street and South Washington Avenue; and WHEREAS, Garden District Townhomes, LLC has requested that the City share in the cost of constructing a 6 -inch water main along 91h Street between South College Avenue and South Washington Avenue, a distance of approximately 340 feet, to facilitate the lot splits and increase population density. WHEREAS, installing this approximately 340 -foot segment of 6 -inch main will alleviate the current water volume deficiency, allow the development to connect and also allow for 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, the City of Fayetteville would benefit from the cost share as it will upgrade the infrastructure in the core of the city, providing improved service and fire protection for residents and business in the area, and will facilitate future development; and WHEREAS, the Fayetteville City Plan 2030, adopted in 2011 as the City's comprehensive land use plan, lists infill development as one of its top two goals.; 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 Garden District Townhomes, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Garden District Townhomes, LLC for 50% of the cost to design and install approximately 3401inear feet of 6 -inch water main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $16,327.50 as was estimated by the builder's representative and shown on Exhibit "B", attached. B. Payments due to Garden District Townhomes, LLC. shall be remitted within sixty (60) days after receipt of valid invoices. 2. Garden District Townhomes, 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 5001c of the cost by the City of Fayetteville in a not -to -exceed amount of $16,327.50 with a contingency fund not -to -exceed $1,632.75). 3. It -is further understood that the contract for construction of the water main upgrade is between Garden District Townhomes, 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 $16,327.50 for the water main upgrade, with a contingency fund not -to - exceed $1,632.75. IN AGREEMENT WITH ALL THE TERMS -AND CONDITIONS ABOVE, WE SIGN BELOW: GARDEN DISTRICT CITY OF AYETTEVILLE, TOWNHOMES, LLC AS By: By I A ft. NIEDERMAN, Li NE RDAN, Mayor M! ging Member ATTEST: ATTEST: By: 1 dol DRM 0'EW C CAMPBELL Notary Public - Arkansas Washington County Commission # 12698556 My Commission Lxpues lul 1 2026 By: Zne4,1_ � G SONDRA SNQTH, City Clerk 4 Exhibit - A p I � i t • i F q I I f0 ' IN I 'L, rh x i QIL W, LF) I al C7 u W; _ E gTH 51 _ _Proposod6"_PVC 340:��._ H10914 _ "A. LIC BLUE •z _ i I Z • V T C'7 � Q <9 iv I N � r. a i3 -8' PVC 214 � LJ m + a �t 1? 5?5 Y,1 75 1p0 ' FC9! City of Fayetteville, AR Exhibit - A WESWETSER CONSTRUCTION. I C cl Vl It �1 crlvi 1a,�rarnts . Lu:f.n�r u • rr`st al.0 ..-,I hl 1\ E � I i\>i'! 114 • I \1 1 1 11 1 11 1 I - 114 '!7115 11 1 rl'Nl1\1 IJ 7111 4ai-A-12 , • 1 A\ 1-4.91.1 P`411 Ill 9th Street Water Line for Z. Niederman 8/4/2017 Item aM Descrlptlon Ouantkv Unit Unit Prke Amount 1 MTappiniz Sleeve & Valve 2 EA S4.000.00 S S 000.00 2 ivdrant Assembly 2 EA Sk400.00 S 8.800.00 3 :itfinp 1 tS S4,450.00 S 4AS0.00 4 Oeter As mblies 3 EA SI350.00 S 4.050.00 5 : CL350 CL DI Pioe 310 1 LF S 48.00 S 14.11M.00 6 nd & Mobilization ILS S1,275.00 S 1,275.00 _ 7 aking 1 LS 800.00 S 800.00 8 emove Hydrant Assemblies 2 EA S 800.00 S 1600.00 Old To S 43 S.00 NOTE: iha prion does not kKkide an1NfK 4r topwii, seed, &straw. -ad- cl O&ok w pwmft that may be regimsd. Items Removed: 2. Hydrant Assemblies $8,800.00 3. Meter Assemblies $4,050.00 Remove 2 Hydrant Assemblies $1,AUU.00 $14,450.00 New Balance $29,405.00 Exhibit B Exhibit C Bates and Associates ■ 10 7230 S. Pleasant Ridge Drive Fayetteville, AR 72704 Bill to: Zara Niederman P.O. Box 472 Fayetteville, AR 72702 Invoice Date Invoice # 5/23/2016 15-21303 Invoices are due upon receipt! A late fee will be applied for payments over 15 days Thank you for your prompt attention Phone # Fax # 479-442-9350 479-521-9350 e -ZN Sates and Associates Al■ ■ 7230 S. Pleasant Ridge Drive '"l„ -2 Fayetteville, AR 72704 Bill to Zara Niederman P O Box 472 Fayetteville, AR 72702 Invoice Date Invoice # 8/17/2016 15-21304 Invoices are due upon receipt! A late fee will be applied for payments over 15 days. Thank you for your prompt attention Phone # Fax # 479-442-9350 479-521-9350 Bates and Associates ■ ■ 7230 S. Pleasant Ridge Drive Fayetteville, AR 72704 Bill to: Zara Niederman P O Box 472 Fayetteville, AR 72702 Invoice Date Invoice # 9/2/2016 15-21305 Invoices are due upon receipt! A late fee will be applied for payments over 15 days. Thank you for your prompt attention Phone # Fax # 479-442-9350 479-521-9350 I. . 1 l lilf.,l1 1I( A � 1 ►' ► m D. E. f Aq_-T_k.,._P �I�. �!_ v Y ,�.... :1�, .�e ....se, ... .i.,;! 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. 5995 Was inserted in the Regular Edition on: September 14, 2017 Publication Charges: $ 157.30 Karen aler RECEIVED SEP 2 9 Ordinance: 5995 CITY OF FAYE er. 2017-046I CITY CLERK'DISTRICT TOWNHOMES, AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR THE INSTALLATION OF WATER MAIN ALONG A PORTION OF 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $16,327.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,632.75 WHEREAS, Garden District Townhomes, LLC will be developing property located at the comer of 9th Street and South Washington Avenue and has requested that the City share in the cost of constructing a 6 -inch sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, a distance of approximately 340 feet; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will upgrade infrastructure in the core of the City, improve service and fire protection for residents and business in the area, allow for 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 provide for ample future capacity which will facilitate future development; and WHEREAS, § 51.112 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 Subscribed and swornto before me project. This P'S -day of 2017, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 0 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 Notary PUb11C Garden District Townhomes, LLC for the My Commission Expires: 4?--v installation of a water main along a / Street portion of 9th Street between South College Avenue and South Washington Street with the estimated amount to be paid by the City _ of Fayetteville not to exceed $16,327.50, CATHY VVld_ES and further approves a project contingency (', r�i �3iiS�a i2 lir �ppOly in the amount of $1,632.75. PASSED and APPROVED on 9/5/2017 R0 a r y 101ibiiC Gfimn, f 12397118 � Approved: IMy commission imXpim Feb 20, 2024 �?� Lioneld Jordan, Mayor **NOTE** st Attest: Sondra E. Smith, City Clerk Treasurer Please do not pay from Affidavit. 74266666 Sept. 14, 2017 Invoice will be sent. GARDEN DISTRICT TOWNHOMES, LLC City of Fayetteville Staff Review Form 2017-0733 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 12/11/2017 Utilities Director / Utilities Department Submitted By Submitted Date Division / Department Action Recommendation: APPROVAL TO USE CONTINGENCY FUNDS IN THE AMOUNT OF $1,064.59 FOR THE COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR A WATER AND SEWER COST SHARE ON 9TH STREET. Budget Impact: 5400.720.5600-5808.00 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 $ 275,376.25 Current Balance $ 954,854.75 Does item have a cost? Yes Item Cost $ 1,064.59 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 953,790.16 V20140710 Previous Ordinance or Resolution # Ord. 5995 Original Contract Number: Approval Date: `a_ Iq_ I q Comments: CITY OF i�rk- FAYETTEVILLE Ad ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: December 11, 2017 STAFF MEMO SUBJECT: Approval of the use of contingency funds for the Cost Share Agreement with Garden District Townhomes, LLC RECOMMENDATION: Staff recommends approval to use contingency funds in the amount of $1,064.59 for the cost share agreement with Garden District Townhomes, LLC for a water cost share on 91h Street. BACKGROUND: The cost share agreement with Garden District Townhomes, LLC was approved on September 5, 2017 by Ordinance 5995. The cost share project was for the installation of water mains along a portion of 91h Street between S. College Ave. and S. Washington Ave. The agreement was for a not -.to -exceed amount of $16,327.50, with a project contingency of $1,632.75. DISCUSSION: Due to the increases in project costs, the utilization of a portion of the contingency is needed in the amount of $1,064.59 to pay Garden District Townhomes, LLC. The total invoiced amount that is due to Garden District Townhomes, LLC is $17,392.09. BUDGET/STAFF IMPACT: Funds are available in the Water & Sewer Impact Fee Cost Sharing Project. Attachments: Invoice from Garden District Townhomes, LLC Ordinance 5995 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Garden District Townhomes 849 S Washington Ave AR 72701 Bill To City of Fayetteville Cost Share - 9th Street Invoice Date Invoice # 12/5/2017 1 P.O. No. Terms Project Waterline Quantity Description Rate Amount 330 1 Waterline Construction 50% Engineering 50% 47.021 15 1,875.11 15,516.98 1,875.11 Total $17,392.09 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5995 File Number: 2017-0461 GARDEN DISTRICT TOWNHOMES, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR THE INSTALLATION OF WATER MAIN ALONG A PORTION OF 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $16,327.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,632.75 WHEREAS, Garden District Townhomes, LLC will be developing property located at the corner of 9th Street and South Washington Avenue and has requested that the City share in the cost of constructing a 6 -inch sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, a distance of approximately 340 feet; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will upgrade infrastructure in the core of the City, improve service and fire protection for residents and business in the area, allow for 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 provide for ample future capacity which will facilitate future development; and WHEREAS, § 51.112 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. Page 1 Printed on 916117 Ordinance: 5995 File Number: 2017-0461 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 Garden District Townhomes, LLC for the installation of a 6 -inch water main along a portion of 9th Street between South College Avenue and South Washington Street with the estimated amount to be paid by the City of Fayetteville not to exceed $16,327.50, and further approves a project contingency in the amount of $1,632.75. PASSED and APPROVED on 9/5/2017 Attest: 4"W"'C' U3, Z'a Sondra. Smith, City Clerk Treastirer `JA,ii�11/11111 op Page 2 Printed on 916117 ;yam City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0461 Agenda Date: 9/5/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 4 GARDEN DISTRICT TOWNHOMES, LLC: f AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR THE INSTALLATION OF WATER MAIN ALONG A PORTION OF 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE tNOT TO EXCEED $16,327.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,632.75 WHEREAS, Garden District Townhomes, LLC will be developing property located at the corner of 9th Street and South Washington Avenue and has requested that the City share in the cost of constructing a 6 -inch sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, a distance of approximately 340 feet; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will upgrade infrastructure in the core of the City, improve service and fire protection for residents and business in the area, allow for 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 provide for ample future capacity which will facilitate future development; and WHEREAS, § 51.112 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 projeFt. 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 Garden District Townhomes, LLC for the installation of a 6 -inch water main along a portion of 9th Street between South College Avenue and South Washington Street with the estimated amount to be paid by the City of Fayetteville City of Fayetteville, Arkansas Page 1 Printed on 91612017 File Number: 2017-0461 not to exceed $16,327.50, and further approves a project contingency in the amount of $1,632.75. City of Fayetteville, Arkansas Page 2 Printed on 9/8/2017 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2017-0461 Legistar File ID 9/5/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/18/2017 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 GARDEN DISTRICT TOWNHOMES, LLC FOR CONSTRUCTION OF A WATERLINE ON 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, IN THE NOT -TO -EXCEED AMOUNT OF $16,327.50, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $1,632.75 FOR A TOTAL COST OF $17,960.25. Original Contract Number: Comments: Approval Date: Budget Impact: 5400.720.5600-5808.00 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 $ 189,228.15 Current Balance Does -item have a cost? Yes , Item Cost $. 17,960.25 Budget Adjustment Attached? No Budget Adjustment $ 1 Remaining Budget V20140710' Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: 4 .f��, CITY OF 2X711 FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 5, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director CITY COUNCIL MEMO DATE: August 18,2017 SUBJECT: Cost Share Agreement with Garden District Townhomes, LLC for Construction of a Waterline on 9th Street RECOMMENDATION: Staff recommends approval of a cost share agreement between the City of Fayetteville and Garden District Townhomes, LLC to share the costs of constructing a waterline on 91h Street, between South College Avenue and South Washington Avenue in the not -to -exceed amount of $16,327.50, and approval of a project contingency in the amount of $1,63.2.75 for a total cost of $17,960.25. BACKGROUND: Garden District Townhomes, LLC has requested that the City share in the cost of designing and constructing a 6 -inch waterline along a portion of 91h Street between South College Avenue and South Washington, a distance of approximately 340 feet, to facilitate the lot splits in the area and increase population density. DISCUSSION: Installing this approximately 340 -foot segment. of 6 -inch main will alleviate the current water volume deficiency, allow the development to connect and also allow for a secondary water loop to help prevent the possibility of residents losing water service in the event of a water leak 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 Exhibit A — Map of Area Exhibit B — Cost Detail Exhibit C — Engineering Costs Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 r CONTRACTUAL AGREEMENT FOR ,COST SHARE OF WATER MAIN INSTALLATION COSTS This Agreement, made and entered into on this V�4� day of September 2017, by and between the City of Fayetteville, Arkansas ("City") and Garden District Townhomes, LLC., witnesseth: WHEREAS, Garden District Townhomes, LLC received approval by the City's Planning Department on April 11, 2016, for lot splits at the corner of 9` Street and South Washington Avenue; and WHEREAS, Garden District Townhomes, LLC has requested that the City share in the cost of constructing a 6 -inch water main along 9'h Street between South College Avenue and South Washington Avenue, a distance of approximately 340 feet, to facilitate the lot splits and increase population density. WHEREAS, installing this approximately 340 -foot segment of 6 -inch main will alleviate the current water volume deficiency, allow the development to connect and also allow for 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, the City of Fayetteville would benefit from the cost share as it will upgrade the infrastructure in the core of the city, providing improved service and fire protection for residents and business in the area, and will facilitate future development; and WHEREAS, the Fayetteville City Plan 2030, adopted in 2011 as the City's comprehensive land use plan, lists infill development as one of its top two goals.; 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 Garden District Townhomes, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Garden District Townhomes, LLC for 50% of the cost to design and install approximately 340 linear feet of 6 -inch water main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $16,327.50 as was estimated by the builder's representative and shown on Exhibit "B", attached. B. Payments due to Garden District Townhomes, LLC. shall be remitted within sixty (60) days after receipt of valid invoices. 2. Garden District Townhomes, 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 5001c of the cost by the City of Fayetteville in a not -to -exceed amount of $16,327.50 with a contingency fund not -to -exceed $1,632.75). 3. It -is further understood that the contract for construction of the water main upgrade is between Garden District Townhomes, 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 $16,327.50 for the water main upgrade, with a contingency fund not -to - exceed $1,632.75. IN AGREEMENT WITH ALL THE TERMS .AND CONDITIONS .ABOVE, WE SIGN BELOW: GARDEN DISTRICT CIAYETTEVILLE, TOWNHOMES, LLC AS By- ZAR . NIEDERMAN, LI NE RDAN, Mayor MV/ging Member ATTEST: By::�`7�`k iL DREW C CAMPBELL Notary Public - Arkansas Washington County Commission M 1269655B My Commission txpues (id r 2026 ATTEST: By: SONDRA SNUTH, City Clerk �tiitttttirr;� ��: F'I�YEI"fEVfLlt ; ��. C, 4 i t 'i i i l Y i 1 IpD� y N 0. V U 1 i 1 1 1 1 .7A I t I W W� U M: .. .. _ E aThr ST, Proposed 6: P.VC 340' i H10914 } BLUE 1 Ur' f l 1 ' Vd-B" PVC 214 W g t ir; I of +" .1 M 'S I � a U. H ` 0 12 525 50 75 ,QD, GCllF i City of Fayelleville, AR Exhibit -A 4 5�k SWEETS6R CONSTRUCTION. INC f•I NI INSL M -.I) \Il•1\1111111111-111:'!7'15 t I 1 11.1111\I 1J i'il Jas -.Y 17.f,.1 -\\'a:41 •11_••111 l'1 9th Street Water Line for Z. Niederman 8/4/2017 item a DescripUal Unit Unk Prkn Amount 1 Valve X6 Tapping Sleeve & Valv EAEA $4,000.00 00 S 8 0.00 2 rant AssemblyEA rz 54,400,00 S 8,800.00 3 S4450,00 S 4ASU.00 4 eter As mblies EA $1,350.00 S 4950.00 5 WSW CL DI Fioe 310 LF S 49.00 $14.990.00 6 nd & Mobilization 1 LS S 1,275.00. $ 1,275.00 7 aking 1 LS S 800.�43 8 emove Hydrant Assemblies 2 EA S 800. Bid Total MUTE: TAa prim does not kldude snMbfR for tops*K seed, A straw, ermdw omb L or perp t tint mrry be rngti0d. ' Items Removed: 2. Hydrant Assemblies $8,800.00 3. Meter Assemblies $4,050.00 Remove 2 Hydrant Assemblies $1,600.00 $14,450.00 New Balance $29,405.00 Exhibit B Exhibit C �o Bates and Associates . P 1 7230 S. Pleasant Ridge Drive Fayetteville, AR 72704 Bill to: Zara Niederman P:O. Box 472 Fayetteville, AR 72702 Invoice Date Invoice # 5/23/2016 15-21303 you for your prompt attention, Phone # Fax # 479-442-9350 479-521-9350 4-Z :Bates and Associates —D 7230 S. Pleasant Ridge Drive Fayetteville, AR 72704 Bill to: Zara Niederman P,O, Box 472 Fayetteville, AR 72702 Invoice Date Invoice # 8/17/2016 15-21304 .Bates Project# Terms 15-213 Due on receipt Description i Amount Plan Revisions to 6" Main- 9th Street & Washington Ave, Fayetteville, AR 500.00 Reimbursable Expense for Arkansas Department of 1-lealth Water Extension Plan 80.00 Reimbursable Expense for UPS Overnight- Arkansas Department of Health 16,12 Total Invoices are due upon receipt! A late fee will be applied for payments over 15 days. Thank you for your prompt attention, Phone # Fax # 479-442-9350 479-521-9350 $596.12 Bates and Associates 7230 S. Pleasant Ridge Drive Fayetteville, AR 72704 Bill to: "Lara Niederman P,0_ Box 472 Fayetteville, AR 72702 Invoice Date Invoice # 9/2/2016 15-21305 Invoices are due upon receipt! A late ree will be applied for payments over 15 days. Thank you for your prompt attention. Phone # Fax # 479-442-9350 479-521-9350