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Home My WebLink AboutORDINANCE 6030113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6030 File Number: 2017-0738 512 E REBECCA ST. DRAINAGE IMPROVEMENTS COST SHARE: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BRADFORD AND ERIN WHEELER FOR THE INSTALLATION OF DRAINAGE IMPROVEMENTS ALONG A PORTION OF EAST REBECCA STREET WITH THE CITY OF FAYETTEVILLE'S SHARE OF THE COSTS NOT TO EXCEED $40,387.06, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 WHEREAS, Bradford and Erin Wheeler receive offsite storm water runoff from adjacent property that appears to be damaging their property located at 512 East Rebecca Street and desire to install an underground drainage collection system to connect the new improvements to the City's downstream collection system; and WHEREAS, the Wheelers have requested that the City share in the cost of constructing drainage improvements along East Rebecca Street so the Wheelers can construct a home; 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 2018 program year and waiving formal competitive bidding will save time and cost by utilizing the developer's Page 1 Printed on 113118 Ordinance: 6030 File Number.' 2017-0738 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 Bradford and Erin Wheeler for the installation of drainage improvements along a portion of East Rebecca Street, with the City of Fayetteville paying the portion of the construction costs for the improvements within the City's right of way in an amount not to exceed $40,387.06, and further approves a project contingency in the amount of $5,000.00. PASSED and APPROVED on 1/2/2018 Attest: Sondra E. Smith, City Clerk Treasurer INN EEVYL4.: e co �Afrill TO t"A fy' Page 2 Printed on 113118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Text File File Number: 2017-0738 Agenda Date: 1/2/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 10 512 E REBECCA ST. DRAINAGE IMPROVEMENTS COST SHARE: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BRADFORD AND ERIN WHEELER FOR THE INSTALLATION OF DRAINAGE IMPROVEMENTS ALONG A PORTION OF EAST REBECCA STREET WITH THE CITY OF FAYETTEVILLE'S SHARE OF THE COSTS NOT TO EXCEED $40,387.06, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 WHEREAS, Bradford and Erin Wheeler receive offsite storm water runoff from adjacent property that appears to be damaging their property located at 512 East Rebecca Street and desire to install an underground drainage collection system to connect the new improvements to the City's downstream collection system; and WHEREAS, the Wheelers have requested that the City share in the cost of constructing drainage improvements along East Rebecca Street so the Wheelers can construct a home; 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 2018 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 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 Bradford and Erin Wheeler for the installation of drainage improvements along a portion of East Rebecca Street, with the City of City of Fayetteville, Arkansas Paye 1 Printed on 113/2018 File Number: 2017-0738 Fayetteville paying the portion of the construction costs for the improvements within the City's right of way in an amount not to exceed $40,387.06, and further approves a project contingency in the amount of $5,000.00. City of Fayetteville, Arkansas Page 2 Printed on 11312018 City of Fayetteville Staff Review Form 2017-0738 Legistar File ID 1/2/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 12/14/2017 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of cost share for drainage improvements along E Rebecca St. in the amount of $40,387.06 (City's share) to help alleviate drainage issues associated with the lot/construction located at 512 E Rebecca St. and approve a $5,000 contingency. Budget Impact: 4470.800.8820-5809.00 4470 -Sales Tax Capital Improvements Account Number 02116.1 Project Number Fund Street Improvements Project Title Budgeted Item? No Current Budget $ 615,076.00 Funds Obligated $ 10,483.25 Current Balance $ 604,592.75 Does item have a cost? Yes Item Cost $ 40,387.06 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 564,205.69 V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY OF Fay%• A—Ile RKANSAS MEETING OF JANUARY 2, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer DATE: December 19, 2017 STAFF MEMO SUBJECT: Approval of cost share for drainage improvements along E Rebecca St. in the amount of $40,387.06 (City's share) to help alleviate drainage issues associated with the lot/construction located at 512 E Rebecca St. and approve a $5,000 contingency. RECOMMENDATION: Staff recommends approval of cost share for drainage improvements along E Rebecca St. in the amount of $40,387.06 (City's share) to help alleviate drainage issues associated with the lot/construction located at 512 E Rebecca St. and approve a $5,000 contingency. BACKGROUND: On October 16, 2016 the City of Fayetteville Planning Commission approved a lot split of 800 N Olive (LSP 16-5628) which created a separate vacant lot that fronted E Rebecca Street. This lot was given the address of 512 E Rebecca and later the current owner submitted a plan to construct a home at this address. During construction of the home, several flooding events damaged the foundation at which time the Engineering Division requested a hold be placed on the permit until a solution for the drainage could be developed. A subsequent review of the construction plan for the home revealed that offsite drainage was not taken into account and as a result the relatively large amount of runoff that drains through the lot toward E Rebecca was flooding the project site. This runoff originates from the area of Mt. Sequoyah around Rockwood Trail and based on existing contours and aerial photography and has drained in this direction for quite some time, at least several decades. However, the runoff was previously able to spread out across the entire lot and drain toward the ditch along the north side E Rebecca Street where it entered several culverts directing it under E Rebecca and continued to the south. It should also be noted that the City is aware of drainage problems directly downstream of this lot due to a lack of capacity in the existing storm drain system. A project, referred to as Upper Scull Creek Phase 2, has been designed and is currently awaiting funding to help alleviate these flooding issues. However, the Upper Scull Creek Phase 2 project did not take into account the development of the lot at 512 Rebecca and additional improvements are required in order to redirect water around this lot and to the ditch along E Rebecca. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Due to the previous design work associated with the Upper Scull Creek Phase 2 project the Engineering Division agreed to research a potential solution to redirect the water around the proposed home at 512 E Rebecca. This proposed solution is represented in the attached drainage improvement plans and generally includes an extension of the Phase 2 plans. Essentially, a 34" by 53" Elliptical Horizontal Reinforced Concrete Pipe extension is proposed from the right-of-way of E Rebecca to the rear property line of the home at 521 E Rebecca. Based on the attached agreement, the City would be responsible for the improvements within the right-of-way of E Rebecca Street and the property owner would be responsible for all improvements within the platted alleyway as well as any improvements to be made on their property. This design is theoretically capable of passing the 2% Chance Annual (50 -year) flood event. Therefore, larger events will continue to overtop the system and run down the referenced alleyway and onto adjacent properties. It would remain the responsibility of the property owner to ensure that this overflow is conveyed safely through the property and take the necessary precautions to ensure their home does not flood during those events. Due to current workload, it does not appear the transportation division could work this into the 2018 program year. Therefore, the property owner has requested that the City participate in the cost of the improvements within the City right-of-way so that construction of the home can be completed. 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. Given the fact that the owner will have a contractor onsite to complete their portion, the cost share appears to be the most efficient way to complete this project in a timely fashion. UDGET/STAFF IMPACT: The City currently has adequate funding in project 02116.1, Cost Share, Right-of-way, Intersection and Street Calming for this project. 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 lay of January, 2018, by and between the City of Fayetteville, Arkansas ("City") and Bradford M and Erin Wheeler ("Property Owner"'), witnesseth: WHEREAS, the property owner receives offsite storm water runoff from adjacent areas that damaged their home during the construction process and has the potential to continue to damage their home without additional drainage improvements being constructed; and WHEREAS, the property owner desires to install an underground drainage collection system to divert water around their home and additional storm drain is necessary within the right- of-way (ROW) of E Rebecca in order to facilitate a complete and functional system; and WHEREAS, the property owner has committed to completing the improvements on their property and/or adjacent alleyway; 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 "ReqaI ired Off-s•ite Improvements," NOW, THEREFORE, the City of Fayetteville, Arkansas and the property owner agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse the property owner for $40,387.06 which represents the cost to install all planned improvements within the right-of-way (ROW) of E Rebecca Street including, but not limited to, approximately 77 LF of 53" by 34" Elliptical Horizontal Reinforced Concrete Pipe (EHRCP) with associated headwall and two stormwater junction boxes as well as approximately 24 LF of 18" reinforced concrete pipe (RCP) and associated flared end section. Refer to the attached plans and cost breakdown for additional information. Actual cost may vary based on field measurements and any approved field changes/change orders that may be required. B. Payments due to the property owner shall be remitted within sixty (60) days after receipt of valid invoices. C. Provide all work and materials associated with the modifications to the existing sanitary sewer Iines plaruled to be routed through the stormwater junction boxes as shown on the attached plans in a timely manner. 2. Property Owner agrees to: Page 1 of 2 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. Notify the City a minimum of 48 hours in advance of the required sanitary sewer work that the work is ready to be performed. As a condition of this contract, the cost share assumes that the excavation will be complete, the surrounding area exposed and ready for the Water and Sewer Division to complete the required work to the existing sanitary sewer mains. C. Provide a copy of the invoices from the Contractor upon City approval of the storm drainage installation. D. Pay for the storm drainage installation (with reimbursement of $40,387.06 of the cost by the City of Fayetteville). 3. It is further understood that the contract for construction is between the property owner and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for property owner. The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount of $40,387.06 for the drainage improvements. 4. Changes in the reimbursement amount must be agreed upon by all parties prior to the work associated with the proposed change commencing. Any additional cost in excess of the approved contingency amount must be approved by City Council. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BILLOW: PROPERTY OWNER By: , ,, rtt I"ord ry Wheeler By: Erin Wheeler ATTEST: By: CITY OF F YETTEVILLE, ARKANSA.' 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W Z i J 1 J w --- 'LL- - 1 p... cv�x+a� ULLQ � i 1430•LLJ Y�Nu 3 W„f IlkhY Z a 1420 "Nov 17, 2017 2 512 Rebecca Drainage Cost Share Cost Share Item # Item Quantity Unit Unit Price Extended City Property Owner 1 Saw Cut 85 LF $5.00 $425.00 $425.00 $0.00 2 Haul off Asphalt, Pipe and Concrete Headwall 1 LS $750.00 $750.00 $750.00 $0.00 3 Remove Existing Culvert 1 LS $2,200.00 $2,200.00 $2,200.00 $0.00 4 Remove Concrete Apron 1 LS $1,000.00 $1,000.00 $1,000.00 $0.00 5 Replace Gravel on Alley 1 LS $1,035.00 $1,035.00 $0.00 $1,035.00 6 53" by 34" EHRCP 179 LF $160.00 $28,640.00 $12,320.00 $16,320.00 7 18" RCP 24 LF $48.00 $1,152.00 $1,152.00 $0.00 8 18" RCP FES 1 EA $380.00 $380.00 $380.00 $0.00 9 Headwall No 1 W/Wing walls & Apron 1 LS $3,500.00 $3,500.00 $3,500.00 $0.00 10 Headwall No 2 W/Wing walls & Apron 1 LS $4,800.00 $4,800.00 $0.00 $4,800.00 11 6' by 6' Drop Inlet 1 EA $5,035.00 $5,035.00 $5,035.00 $0.00 12 6' by 10' Junction Box w/Sewer Line Through 2 EA $7,000.00 $14,000.00 $7,000.00 $7,000.00 13 Traffic Control & Street Closure/Detour 1 LS $3,000.00 $3,000.00 $3,000.00 $0.00 Subtotal $65,917.00 $36,762.00 $29,155.00 % Breakdown 56% 44% 14 Mobilization, Bonds 1 LS $4,000.00 $4,000.00 $2,230.81 $1,769.19 15 Staking 1 LS $2,500.00 $2,500.00 $1,394.25 $1,105.75 Total Improvements $72,417.00 $40,387.06 $32,029.94 1 51 r' I P 78 [' Rebecca St December 13, 2017 Paved Trail Lake Stream Park Point of Interest 512 E Rebecca Topography M M E Prospect St ati, E Rockwood Tri Cri & J n r' N A s s e r7a h t. City of Fayetteville, AR 1:1,504 0 70 140 280 ft Parcel 0 20 40 80 m The data contained herein was compled from various sources for the sole Use and benefit of the City of Fayetteville Geographic Information System and the publicagencies it serves Any use of the data by anyone other than the City of Fayetteville is at the sale risk of the and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising Irom the use of this data The City of Fayetteville makes no e press or implied warrantees with reference to the Bala No word, phrase, or clause found herein shall be construed la waive that tort immunity set forth under Arkansas law. NORTHWESTARKANsm TN �� I f,? l ; �) t IFInN,01U&C AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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. 6030 Was inserted in the Regular Edition on: January 11, 2018 Publication Charges: $ 165.10 Cathy Wiles Subscribed and sworn to before me This day of , 2018. VIA4 CW 'Ls .4L,,w tary Public ®® My Commission Expires: a -3/ 160 6 ✓ 4' ,- I`: ��vdne4l®0a� ,�aqe. �ir�b€Gd'uRkS668d� **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED FEB 1202 CITY OF F ETTEVILLE CITY CLE File Number: 2017-0738 512 E REBECCA ST. DRAINAGE IMPROVEMENTS COST SHARE: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BRADFORD AND ERIN WHEELER FOR THE INSTALLATION OF DRAINAGE IMPROVEMENTS ALONG A PORTION OF EAST REBECCA STREET WITH THE CITY OF FAYETTEVILLE'S SHARE OF THE COSTS NOT TO EXCEED $40,387.06, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00 WHEREAS, Bradford and Erin Wheeler receive offsite storm water runoff from adjacent property that appears to be damaging their property located at 512 East Rebecca Street and desire to install an underground drainage collection system to connect the new improvements to the City's downstream collection system; and WHEREAS, the Wheelers have requested that the City share in the cost of constructing drainage improvements along East Rebecca Street so the Wheelers can construct a home; 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 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 2018 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 Bradford and Erin Wheeler for the installation of drainage improvements along a portion of East Rebecca Street, with the City of Fayetteville paying the portion of the construction costs for the improvements within the City's right of way in an amount not to exceed $40,387.06, and further approves a project contingency in the amount of $5,000.00. PASSED and APPROVED on 1/2/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74393732 Jan. 11, 2018 Ordinance 6030- CO #1- Rebecca St drainage improvements City of Fayetteville Staff Review Form 2018-0250 Legistar File ID N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Engineering/ Matt Casey 4/27/2018 Development Services Department Submitted By Submitted Date Division/Department Action Recommendation: Approval of Change Order#1 for drainage improvements along E Rebecca St. in the amount of$4,927.50. Budget Impact: 4470.800.8820-5809.00 4470-Sales Tax Capital Improvements Account Number Fund 02116.1 Street Improvements Project Number Project Title Budgeted Item? No Current Budget $ 615,076.00 Funds Obligated $ 50,870.31 Current Balance € $ 564,205.69 Does item have a cost? Yes Item Cost $ 4,927.50 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 559,278.19 V20140710 Previous Ordinance or Resolution# 6030 Original Contract Number: Approval Daze: Comments: CITY OF 11111ZETV1— a STAFF MEMO ARKANSAS TO: Mayor Lioneld Jordan THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: April 26, 2018 SUBJECT: Approval of Change Order#1 for drainage improvements along E Rebecca St. in the amount of$4,927.50. RECOMMENDATION: Staff recommends approval of Change Order#1 for drainage improvements along E Rebecca St. in the amount of$4,927.50. BACKGROUND: On January 2, 2018, the City Council approved a cost share agreement with Brad Wheeler, property owner at 512 E. Rebecca, to install storm sewer improvements to protect the new home being constructed at this address. The agreement amount was for$40,387.06 (City's Share)with a contingency of$5,000.00. DISCUSSION: During construction, it was discovered that the City's 16"water main along Rebecca is located differently than the survey and our GIS maps indicated. The existing headwall had to be removed and the proposed structure was changed into a full inlet box. After the credit for the planned headwall, the additional cost associated with this field change was S4,927.50. BUDGET/STAFF IMPACT: This cost share was funded by project 02116.1, Cost Share, Right-of-way, Intersection and Street Calming. This change order falls under the amount of the approved contingency for the project Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 t Ti' CHANGE ORDER e Contract Title 512 E.Rebecca Drainage Cost Share Change Order No. l Date Of Issuance To: Brad Wheeler ORM ANCE/RESOLUTION:6030 The Contract is changed as follows: Effective January 2.20 I s Bid Previous Unit Contract Revised Revised Ori•�in,tl Revised Contract hem Estimated of Unit Estimated Unit Estimated Estimated Changes Description Quantity Measure Price Quantity Price Cost Cost I Demo Exist.Headwall and 18"RCP 0 LS SO 00 I $2,200.00 50.00 $2,200.00 2 Asphalt 0 Tons $0.00 4.25 $130.00 $0.00 $552.50 3 Class 7 Base 0 Tons $0.00 18 $30.00 $0.00 $540.00 4 Excavation 0 CY $0.00 55 $20.00 $0.00 $1,100.00 5 6x6'Inlet 0 EA $0.00 I $5,035.00 $0.00 $5.035.00 6 Credit for Concrete Apron I ES $1,000.00 0 $1,000.00 $1,000.00 $0.00 7 Credit for Headwall itI EA $3,500.00 0 $3,500.00 $3,500.00 $0.00 I Summation of Cost $4,500.00 $9,427.50 Net Cost for this Change Order $4,927.50 Not valid until signed by the Caner The original Contract Price was $ 40,387.06 Net change by previously authorized change orders $ The Contract Price prior to this Change Order was $ 40387.06 The Contract Price will[increased by4fdeerear.ed-by}[ ] $ 4,927.50 The new Contract Price including this Change Order will be. $ 45,314.56 The Contract Time(s)will be[increased-by) t • - . .•; 4 NA calendar days Required dates of Competion as of the date of this Change Order therefore are Substantial Completion NA Final Completion NA • NOTE: This summary does not reflect changes in the Contract Price or Times)which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. Bradford an Erin Whee ,,.-? CI Y OF,'•YETCEV r -..5- AiligLifYi A I I i I I 16 A gl"N----" - ))/0 / DATE •Y f) F.