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Home My WebLink AboutORDINANCE 6104113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6104 File Number: 2018-0577 RPH, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH R P H, L L C F O R S T R E E T AND DRAINAGE IMPROVEMENTS ALONG A PORTION OF SOUTH CROSS AVENUE, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO E X C E E D $33,280.00 WHEREAS, RPH, LLC is constructing a new development, Henson Hill Phase 2, and, based on the rough proportionality of the development's impact on City infrastructure and services, is required to construct limited street improvements along its property frontage on South Cross Avenue; and WHEREAS, the Engineering Division recognized an opportunity to improve the functionality of South Cross Avenue by extending those improvements further south; and WHEREAS, waiving formal competitive bidding will save time and cost by utilizing the developer's contractor who will be on-site installing the street improvements for the developer's project. 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 RPH, LLC for the installation of street and drainage improvements along a portion of South Cross Avenue, as shown in the map attached to this Resolution, with the amount to be paid by the City of Fayetteville not to exceed $33,280.00. Page 1 Printed on 119118 Ordinance: 6104 File Ntimhe.r 2015-0577 PASSED and APPROVED on 11/8/2018 A --A - Attest: Sondra E. Smith, City Clerk TreaWwIIINp,,,, : EAYETTEVIf.EE Page 2 Printed on 1119118 City of Fayetteville, Arkansas 113 West Mountain Street r l Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0577 Agenda Date: 11/8/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 2 RPH, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH RPH, LLC FOR STREET AND DRAINAGE IMPROVEMENTS ALONG A PORTION OF SOUTH CROSS AVENUE, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $33,280.00 WHEREAS, RPH, LLC is constructing a new development, Henson Hill Phase 2, and, based on the rough proportionality of the development's impact on City infrastructure and services, is required to construct limited street improvements along its property frontage on South Cross Avenue; and WHEREAS, the Engineering Division recognized an opportunity to improve the functionality of South Cross Avenue by extending those improvements further south; and WHEREAS, waiving formal competitive bidding will save time and cost by utilizing the developer's contractor who will be on-site installing the street improvements for the developer's project. 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 RPH, LLC for the installation of street and drainage improvements along a portion of South Cross Avenue, as shown in the map attached to this Resoution, with the amount to be paid by the City of Fayetteville not to exceed $33,280.00. City of Fayetteville, Arkansas Page 1 Printed on 11/9/2018 Jonathan Ely City of Fayetteville Staff Review Form 2018-0577 Legistar File ID 11/8/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/10/2018 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of this cost share with RPH, LLC (Henson Hill Phase 2) to pay $33,280 for street and drainage improvements to Cross Avenue. Budget Impact: 4470.800.8820-5809.00 Sales Tax Capital Improvements Account Number 02116.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: N/A N/A N/A Fund Cost Share/ROW/Intersection/Street Calming Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 704,817.00 $ 69,324.82 f$ 635,492.18 $ 33,280.00 t 602,212.18 V20180321 Previous Ordinance or Resolution # N/A Approval Date: N/A CITY OF FAYETTEVILLE ARKANSAS TO: Mayor Jordan THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer FROM: Jonathan Ely, Development and -Construction Manager DATE: October 10, 2018 STAFF MEMO SUBJECT: Cost Share with RPH, LLC — Street Improvements Cross Avenue RECOMMENDATION: Staff recommends approval of this cost share with RPH, LLC (Henson Hill Phase 2) to pay $33,280.00 for street and drainage improvements to Cross Avenue. BACKGROUND: In May 2017, the Development Services Office received a request for a Large Scale Development for construction of Henson Hill Phase 2 along the west side of Cross Avenue, north of Maine Street. The request was to construct a new multifamily development with 5 duplex buildings, and one single family building, for a total of 11 units with 44 parking stalls. The Large Scale Development was approved by Planning Commission on November 13, 2017. This area of the city has been undergoing substantial redevelopment in recent years. The Nettleship Subdivision was redeveloped to the west in 2016, which included street, sidewalk and drainage improvements to Nettleship, Lewis, and Cross. Henson Hill Phase 1 consisted of several individual duplex units constructed along Maine where they improved the street with curb, storm drainage and sidewalk. DISCUSSION: During development and permitting review of Henson Hill Phase 2, the project was required to make improvements to Cross Avenue along the project frontage, consisting of street widening, curb, storm drainage and sidewalk. However, since these improvements were only for the project frontage on Cross, approximately '/z of the block along the west side of Cross would remain incomplete regarding street improvements. This gap will significantly reduce the functionality of the road and sidewalks in the area, however, staff did not feel it met the rough proportionality of the Henson Hill Phase 2 project, to require the full street improvements. Therefore, the Engineering Division recognized an opportunity to partner with the project to improve functionality of this street by extending those improvements further south. The improvements included in this cost share would consist of new drainage infrastructure, and street widening with asphalt and curb. The developer of Henson Hill would then be responsible Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 for construction of sidewalks. This in conjunction with the improvements being completed as part of the required improvements for Henson Hill Phase 2 would result in a completely improved street along this block which will provide better opportunities for on street parking, and better pedestrian connectivity in a neighborhood which is very close to the university. BUDGET/STAFF IMPACT: This project is funded by the Sales Tax Capital Improvements Fund Attachments: Vicinity Map Project Site Plan showing location and scope of Improvements Contractual Agreement for Cost Share of Street Improvement Costs Cost Breakdown for Street and Drainage Improvements CONTRACTTJAL AGREEMENT FOR COST SHARE OF DRAINAGE IMPROVEMENT COSTS This Agreement, made and entered into on this day of--Quer, 2018, by and between the City of Fayetteville, Arkansas ("City") and RPH, LLC ("RPH" ), witnesseth: WHEREAS, RPH has proposed a new large scale development, Henson Hill Phase 2 approved along the west side of Cross Avenue, just west of Nettleship Street, and WHEREAS, the Henson Hill Phase 2 development is required to construct street improvements along its property frontage of Cross Avenue: and WHEREAS, RPH has committed to completing these required street improvements along their property frontage on Cross Avenue, and has already in good faith installed curb, sidewalk and storm drainage along Main Street; and WHEREAS, offsite street, and drainage improvements, which exceed the rough Proportionality Of impact of the project are necessary south of the site on Cross Avenue to create a safe and complete streets and sidewalks for this neighborhood.. WHEREAS, the City of Fayetteville Engineering Division recommends the offsite street improvements, which exceed the rough proportionality of impact from the development be handed by means of a cost share. NOW, THEREFORE, the City of Fayetteville, Arkansas and RPH, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse RPH, LLC for $33,280.00 which represents the cost to install approximately 120 linear feet of 1900 -inch elliptical RCP storm drain along with the installation of 2 storm boxes, and 150 linear feet of street widening with curb and gutter in the area identified in Exhibit "A", attached. B. Payments due to RPH, LLC, shall be remitted within sixty (60) days after receipt of valid invoices, and i�onding successful inspection and acceptance of the completed work by the City of Fayetteville Engineering Division, 2. RPH, LLC agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary for a complete and acceptable street widening and 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 street widening and drainage installation. Page 1 of 2 C. Pay for the storm drainage installation (with reimbursement of $33,280.00 of the cost by the City of Fayetteville), 3. It is further understood that the contract for construction is between RPH, LLC and his Contractor and that the City has ito contractual obligation with either the Contractor or any agent for RPi I, LLC, The City's only obligation shall be to Participate in a contractual agreement with a not -to -exceed amount of $33,280.00 for the street widening and drainage improvements as shown on the Cost Share Exhibit. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: RPH, LLC B tr r !� xAm c,.a i� m sori t Par Wt tl' ATTEST: By: ar- CITY OF FAYETTEVILLE, ATTEST: By: F2C7�� SANDRA SMITH, City Page 2 of 2 Clerl" % K�� r�',•� ■��C1�'�'R' • FAYETTE1111.Lf x kA W' i atal Site Devdup �Sb 64"m P.O. Dox 199 (i Goshen, AR 72735 Narm I Address KPH Description Tolel Cost For Crom Street 19X30 ELP CL 111 Demo rxirring Dai Storm Boxes Htm EXICnAons 50 I't aY24" RCN 285 Ft Club 110 Ft01Well Stmt Widening, Excovatinn Batic/Asphalt t: onerctc Flumes Tutol Cost orslrea Impmvemmu City Coit Share 1900 ELP CL Dl lent E,;istirtg Am inlet Storm Ilexes Box Extensions (:tiab Concrete Flumc Crops Widening Fua4alion Tact• Aspbsh LLC 13200 5DD S •spxt S 3.600 3,500 6.2To 14.800 Mp Quote Date ciuow A 9.1P?11IK lhl.d- y71 city I Cost P.O. No. lien. -Ain hill. 2 Total I' I I Total S33.28if.00 1 Phone 0 -79.530-9687 Signature 120 110.00 13.2000) 1 5100) 500.00 2 3.3000) Y.flw'j%J 4 800.00 3.200.00 130 22.00 2,860.00 1 3900.00 3.000.00 1 1,000.00 I.111ML0t1 1 3.120.00 2.320.00 I' I I Total S33.28if.00 1 Phone 0 -79.530-9687 Signature ICINI". MAP N W+ E S 117. jProject Location OPUIAL) or w sta tr r 2p� HL.faJU!, FJO D, Cul 62 1) of A mart111 Lulf7Ci in.. V" Old Po 'I W. :ii] LN C: �3 M 0 LN Exhibit A I --- ross Avenue Cost + Share to complete L > .•,:Street Im rove.T nts =CIL Developer Portion of Street Improvements along project ' 1 'Frontage. Henson Hili Phase 2; LL ►�5P'�� .5 LrF ti r — ��_ --_assn I ` � �",we 1 i' \� . �� t t � ti �`[rFr _. �,. j,• ! W['►[' k .-^ — .w�--- .SF6 � 1 o� �tQO �� 5 1N ll ; '' - x4 I COMB BBLI w r_q Exi [tri j ,/ l 4is T lQi.1 �jGJ f`(��i �t�'' ,? 1 5 l - ,.L 1 7OCIt�-, (—S� ,1�y — -• 3 r _ ...t:53 ! y ora En i•`,...,d1, 1 r `I `.` f' 41 fl 11 1 a< 13''t ■ :' .. r •;iucAL lWi L 5161 it ,} City Cost Share PvrtIdn.o — r 4+ �, r' Street Improvements to 1 SMit7 RAIL 'f complete gap between F0" r f _ E A S r r ti ' r,xll i'.4.. �, i .�% 4" f� improvements to north, i r and recen#y developerI=.'NIBR .fOF li � yrs _l [. p, ¢ !+ 1 f 4'1,. rr x4 I COMB BBLI w r_q Exi [tri j ,/ r p rti� t ••��y' 5'Tn,G RF QH~bG AH1+' w41 re QD CONTECH O 1015-4-C ��.I : ` ,} City Cost Share PvrtIdn.o — 4+ �, "tr Street Improvements to 'f complete gap between F0" _ E A S developer completed f� improvements to north, and recen#y developerI=.'NIBR _l [. p, completed; rovements to south rl t _I � r . 'r. �[. M p OIHE > ar i� r_ATOLI .4 1 r:. CON' HINI1 SUBG ALL LES: REPI GH SUBG SHA! EDP' SPI BASE LOC PRO CURT! E%CI COL. CURB SEAT RECEIVED DEC 11.. 2018 CITY OF FAYETTEVILLE- GlIY CI.EfiK'S c ORTHWEST ARKANSAS Demomtn azette W ..0. BOX 1607, i TETT �V1--.E, AR, 727 t?2 • 4?9 � 2 -??0u �FAX: 1179-6-915-1`18 `v': ` JY^i'.:." Js"AC?ii.£JM 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 6104 Was inserted in the Regular Edition on: November 22, 2018 Publication Charges: $ 109.20 Cathy Wiles Subscribed and sworn to before me This 5+,, day of be,- , 2018. { f �j • J s . Notary Public My Commission Expires: 3-1b- xs **NOTE** Please do not pay from Affidavit. Invoice will be sent. SAiJD, NQTq°R9;',p�'. ° 0 m �s C , 4A oy jam o 'i °°e, 11' >.; 16025 Ordinance: 6104 File Number: 2018-0577 RPH, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH RPH, LLC FOR STREET AND DRAINAGE IMPROVEMENTS ALONG A PORTION OF SOUTH CROSS AVENUE, WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED333,280.00 WHEREAS, RPH, LI_C is constructing a new development, Henson Hill Phase 2, and, based on the rough proportionality of the development's impact on City infrastructure and services, is required to construct limited street improvements along its property frontage on South Cross Avenue; and WHEREAS, the Engineering Division recognized an opportunity to improve the functionality of South Cross Avenue by extending those improvements further south; and WHEREAS, waiving formal competitive bidding will save time and cost by utilizing the developer's contractor who will be on-site installing the street improvements for the developer's project. 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 requiretnerns of formal competitive bidding and approves a cost share ''....agreement with RPH, LLC forthe installation of street and drainage improvements along a portion of South Cross Avenue, as shown in the map attached to this Resolution, with the amount to be paid by the City of Fayetteville not to exceed $33,280.00. PASSED and APPROVED on 11/8/2018 Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74754263 Nov. 22, 2018