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Home My WebLink About208-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 208-17 File Number: 2017-0505 GARDEN DISTRICT TOWNHOMES, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG A PORTION OF 9th STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE WITH THE TOTAL COST TO GARDEN DISTRICT TOWNHOMES NOT TO EXCEED $5,611.14 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 an 8 -inch sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, a distance of approximately 130 feet; and WHEREAS, constructing this segment of 8 -inch main will allow Garden District Townhomes, LLC to develop the property, and will also allow 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 serve subdivisions when such excess size is specified and required by the Water and Wastewater Director for the general benefit of the sewerage system." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a cost share agreement with Garden District Townhomes, LLC for construction of a sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, with the total cost to Page 1 Printed on 1014117 Resolution: 208-17 File Number 2017-0505 Garden District Townhomes, LLC not to exceed $5,611.14. PASSED and APPROVED on 10/3/2017 Attest: Sondra E. Smith, City Clerk Treasurer W1111TtrifiI ,f r� �`��# �;• X13 y 0,� D. 6,;, 5� �. FAYFT7TEVILLE a# 4,4 �IFEOElilll Page 2 Printed on 10/4117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 ,r Text File File Number: 2017-0505 Agenda Date: 10/3/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 14 GARDEN DISTRICT TOWNHOMES, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG A PORTION OF 9th STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE WITH THE TOTAL COST TO GARDEN DISTRICT TOWNHOMES NOT TO EXCEED $5,611.14 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 an 8 -inch sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, a distance of approximately 130 feet; and WHEREAS, constructing this segment of 8 -inch main will allow Garden District Townhomes, LLC to develop the property, and will also allow 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 serve subdivisions when such excess size is specified and required by the Water and Wastewater Director for the general benefit of the sewerage system." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves a cost share agreement with Garden District Townhomes, LLC for construction of a sewer main along a portion of 9th Street between South College Avenue and South Washington Avenue, with the total cost to Garden District Townhomes, LLC not to exceed $5,611.14. City of Fayetteville, Arkansas Page 1 Printed on 101412017 City of Fayetteville Staff Review Form 2017-0505 Legistar File ID 10/3/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 9/12/2017 Submitted By Submitted Date Action Recommendation: Utilities Director / Utilities Department Division / Department A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH GARDEN DISTRICT TOWNHOMES, LLC FOR CONSTRUCTION OF A SEWER MAIN ALONG A PORTION OF 9TH STREET BETWEEN SOUTH COLLEGE AVENUE AND SOUTH WASHINGTON AVENUE, WITH A TOTAL ESTIMATED COST OF $5,611.14 INCLUDING A 20% PROJECT CONTINGENCY 5400.720.5700-5815.00 Account Number 04039.1 Budget Impact: Water/Sewer - Fund Water/Sewer Impact Fee Cost Sharing Project Project Number Project Title Budgeted Item? Yes Current Budget $ 1,230,231.00 Funds Obligated $ 227,873.15 Current Balance $ 1,002,357.85 Does item have a cost? Yes Item Cost $ 5,611.14 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget $ 996,746.71 a V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 3, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: September 12, 2017 CITY COUNCIL MEMO SUBJECT: Cost Share Agreement with Garden District Townhomes, LLC for Construction of a Sewer Line on 911 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 130 ft. sewer line on 9th Street, between South College Avenue and South Washington Avenue in the not -to -exceed amount of $4,675.95, and approval of a project contingency in the amount of $935.19 for a total cost of $5,611.14. BACKGROUND: On September 5, 2017, City Council approved Ordinance 5995 for the City to share in the costs of building a waterline on 9th Street with Garden District Townhomes, LLC. This water portion of the cost share is being performed by a contractor so that item included a bid waiver ordinance. DISCUSSION: Garden District Townhomes, LLC has requested that the City share in the cost of constructing an 8 -inch sewer line along a portion of 9th Street between South College Avenue and South Washington, a distance of approximately 130 feet. The sewer portion of the cost share will be done in-house by City of Fayetteville sewer crews. The City of Fayetteville will furnish the labor, materials and equipment for the sewer main installation, and Garden District Townhomes, LLC will pay no more than $$5,611.14 (includes 20% contingency). The City of Fayetteville will bear any costs beyond that amount. Installing this approximately 130 -foot segment of 8 -inch sewer main will allow Garden District Townhomes, LLC to develop the property, and also allow for ample future capacity. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: Funds for the City's portion are available in the Water/Sewer Impact Fee Cost Sharing Project. Attachments: Cost Share Agreement Map of Area Ordinance 5995 CONTRACTUAL AGREEMENT FOR COST SHARE OF SEWER MAIN INSTALLATION COSTS This Agreement, made and entered into on this 3" day of October 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 91, Street and South Washington Avenue; and WHEREAS, Garden District Townhomes, LLC has requested that the City construct and share in the cost of constructing an 8 -inch sewer main along a portion of 91 Street between South College Avenue and South Washington Avenue, a distance of approximately 130 feet, to facilitate the lot splits and increase population density. WHEREAS, constructing this segment of 8 -inch main will allow Garden District Townhomes, LLC to develop the property, and also allow 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." NOW, THEREFORE, the City of Fayetteville, Arkansas and Garden District Townhomes, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Furnish the labor, materials, and equipment to install approximately 130 linear feet of 8 -inch sewer main on 91h Street between South College Avenue and South Washington Avenue. 13. Bear any costs associated with the sewer main installation that exceed the amount Garden District Townhomes, LLC agrees to pay below. 2, Garden District Townhomes, LLC. agrees to: A. Reimburse the City for the materials cost of the sewer main installation up to a maximum -not -to -exceed amount of 54,675.95 plus a 20% contingency of $935.19, for a total cost of $5,6111.14 which represents the cost estimated by the City of Fayetteville. B. Make payment to the City of Fayetteville within thirty (30) days utter receipt of a valid invoice. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW; GARDEN DISTRICT TOWNHOMES, LLC By4d"r ZINIEDERMAN, g Member ATTEST: By: 4-466-uu- OFFiGIAL SEAL MAN01 Mc6UJPE NOTARY PUBLIC ARKo�N$A$ WASHINGTON COUNTY COMMISSION # 1237%37 C Om I$$I N EXP VI55%= CITY OF FAYETTEVILLE, ATTEST: By; r+-- E. 4"'y SONDRA SMITH, City Clerk 0111111111/111, Ci • FAYETTEVILLE. �`rr'�is•a�kAi co • 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 3=40 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 teak 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 I Prinfed on 916117 Ordinance: 5995 File Number 2017-0461 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 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 tic�t�ttt��t►r Or i�yL'lTl'_VILI f�,f�'�iiici�•"tip,\t�1\ Page 2 Printed on 916117