HomeMy WebLinkAboutORDINANCE 6122113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6122
File Number: 2018-0653
ERIC A. LONG AND ROBERT A. LONG COST SHARE AGREEMENT:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A COST SHARE AGREEMENT WITH ERIC A. LONG AND ROBERT A. LONG FOR
THE INSTALLATION OF WATER AND SEWER MAINS ALONG A PORTION OF NORTH
TANGLEWOOD AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF
FAYETTEVILLE NOT TO EXCEED $33,653.62, AND TO APPROVE A PROJECT CONTINGENCY
IN THE AMOUNT OF $3,365.37
WHEREAS, Eric A. Long and Robert A. Long will be developing property located at 434 and 478 North
Tanglewood Avenue and a proposed middle lot with no address and have requested that the City share in
the cost of constructing a 2 -inch water main and an 8 -inch sewer main along a portion North
Tanglewood Avenue, a distance of approximately 129 feet; and
WHEREAS, the City of Fayetteville would benefit from the cost share as it will facilitate infill
development and will provide for ample future capacity which the City recognizes will be necessary for
the area that is served by the water and sewer mains; 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"; 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"; and
Page 1 Printed on 1215118
Ordinance 6122
File Number: 2018-0653
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.
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 Eric A. Long and Robert A. Long for the installation of a 2 -inch water main and an 8 -inch sewer
main along a portion of North Tanglewood Avenue with the estimated amount to be paid by the City
of Fayetteville not to exceed $33,653.62, and further approves a project contingency in the amount of
$3,365.37.
PASSED and APPROVED on 12/4/2018
Attest:
7cL �' - ��t � � ►rr����r�r
Sondra E. Smith, City Clerk��t�ii�l� Y O,�'�'S'■•�
: ERYE TEVILLE:�
Sys••. kAN-)�-, ■ ��
. v •
Page 2 Printed on 1215118
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2018-0653
Agenda Date: 12/4/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 5
ERIC A. LONG AND ROBERT A. LONG COST SHARE AGREEMENT:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A COST SHARE AGREEMENT WITH ERIC A. LONG AND ROBERT A. LONG FOR
THE INSTALLATION OF WATER AND SEWER MAINS ALONG A PORTION OF NORTH
TANGLEWOOD AVENUE, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF
FAYETTEVILLE NOT TO EXCEED $33,653.62, AND TO APPROVE A PROJECT CONTINGENCY
IN THE AMOUNT OF $3,365.37
WHEREAS, Eric A. Long and Robert A. Long will be developing property located at 434 and 478 North
Tanglewood Avenue and a proposed middle lot with no address and have requested that the City share in the
cost of constructing a 2 -inch water main and an 8 -inch sewer main along a portion North Tanglewood Avenue;
a distance of approximately 129 feet; and
WHEREAS, the City of Fayetteville would benefit from the cost share as it will facilitate infill development and
will provide for ample future capacity which the City recognizes will be necessary for the area that is served by
the water and sewer mains; 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"; 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"; 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.
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
City of Fayetteville, Arkansas Page 1 Printed on 12/5/2018
File Number.' 2018-0653
requirements of formal competitive bidding and approves a cost share agreement with Eric A. Long and Robert
A. Long for the installation of a 2 -inch water main and an 8 -inch sewer main along a portion of North
Tanglewood Avenue with the estimated amount to be paid by the City of Fayetteville not to exceed
$33,653.62, and further approves a project contingency in the amount of $3,365.37.
City of Fayetteville, Arkansas Page 2 Printed on 1215/2018
Tim Nyander
City of Fayetteville Staff Review Form
2018-0653
Legistar File ID
12/18/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/16/2018
Submitted By Submitted Date
Action Recommendation:
WATER SEWER (720)
Division / Department
Staff recommends approval of a cost share agreement with Eric A. Long and Robert A. Long in the not -to -exceed
amount of $33,653.62 for construction of water and sewer mains on Tanglewood Avenue, and approval of a
contingency in the amount of $3,365.37 for a total amount of $37,018.99.
Budget Impact:
5400.720.5600-5808.00 and 5400.720.5700-
5815.00
Account Number
02067.1
Project Number
Budgeted Item? No
Does item have a cost? Yes
Budget Adjustment Attached? No
Water and Sewer
Fund
Water/Sewer Cost Sharing
Project Title
Current Budget $ 49,045.00
Funds Obligated $ 2,002.94
Current Balance
Item Cost $ 37,018.99
Budget Adjustment $ -
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 18, 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: November 15, 2018
CITY COUNCIL MEMO
SUBJECT: Water and Sewer Cost Share on Tanglewood Avenue
RECOMMENDATION:
Staff recommends the approval of a cost sharing agreement with Eric A. Long and Robert A.
Long in the not -to -exceed amount of $33,653.62 for construction of water and sewer mains on
Tanglewood Avenue, and approval of a contingency in the amount of $3,365.37.
BACKGROUND:
Eric A. Long and Robert E. Long, owners of three properties located on Tanglewood Avenue,
requested that the City share in the cost of constructing a water and sewer main in the area.
The construction of water and sewer mains on Tanglewood Avenue will allow for the
development of three properties: 434 Tanglewood Avenue, 478 Tanglewood Avenue and a
proposed middle lot which has no address yet. In addition to these three developments, these
water and sewer mains will serve any future developments in the area. Eric A. Long and Robert
E. Long have asked that the City pay for 50% of the costs of the project.
DISCUSSION:
Three bids were received for the project. Harris Company was the lowest bidder but could not
complete the project within a reasonable time frame, so Blazing Hogs Construction, LLC will
construct the water and sewer mains in the amount of $40,500.00. Milholland Engineering will
perform the engineering services for the project in the estimated amount of $26,807.24. The
City of Fayetteville's portion would be 50%, for a not -to -exceed amount of $33,653.62. Staff also
recommends including a 10% contingency in the amount of $3,365.37. The City of Fayetteville
will reimburse Eric A. Long and Robert E. Long for the agreed-upon amount after construction
on the project is complete and inspections have been passed.
BUDGET/STAFF IMPACT:
Funds are available in the Water/Sewer Cost Sharing project.
Attachments:
Agreement
Exhibit A — Map of Area
Exhibit B — Contractor Estimate
Request Letter from Eric A. Long
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CONTRACTUAL AGREEMENT FOR
COST SHARE OF WATER AND SEWER �MfiAIN INSTALLATION COSTS
This Agreement, made and entered into on this Lky of December, 2018, by and between
the City of Fayetteville, Arkansas ("City") and Eric A. Long and Robert A. Long, witnesseth:
WHEREAS, Eric A. Long and Robert A. Long have requested that the City share in the
cost of constructing a 2 -inch water main along a portion of North Tanglewood Avenue, a distance
of approximately 220 feet, and constructing an 8 -inch sewer main along a portion of North
Tanglewood Avenue, a distance of approximately 129 feet; and
WHEREAS, constructing these segments of 2 -inch water main and 8 -inch sewer main will
allow Eric A. Long and Robert A. Long to obtain water and sewer service to develop the properties
located at 434 and 478 North Tanglewood Avenue and the proposed middle lot in between, and
also allow for ample future capacity which the City recognizes will be necessary for the area that
is served by these water and sewer mains; 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 Eric A. Long and Robert A.
Long agree as follows:
1. The City of Fayetteville, Arkansas agrees to:
A. Reimburse Eric A. Long and Robert A. Long for 50% of the cost to install
approximately 220 linear feet of 2 -inch water line and approximately 129 linear
feet of 8 -inch sewer main in the area identified in Exhibit "A" up to a maximum
not -to -exceed amount of $33,653.62 as was estimated by the builder's
representative and shown on Exhibit `B", attached.
B. Payments due to Eric A. Long and Robert A. Long, shall be remitted within sixty
(60) days after receipt of valid invoices upon completion of the project.
2. Eric A. Long and Robert A. Long agree to:
A. Provide the necessary and normal project management, inspection, and testing
as necessary for a complete and acceptable sewer main installation, including
submittal of plans and specifications to the City's Engineering Department, per
their standard procedures.
B. Submit all required plans and specifications to the City and receive approval
from the City's Engineering and Utilities Departments prior to commencing
work on the project.
C. Provide a copy of the invoices from the Contractor upon City approval of the
water and sewer main upgrades.
D. Pay for the water and sewer main installation (with reimbursement of 50% of
the cost by the City of Fayetteville in a not -to -exceed amount of $33,653.62.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
ERIC A. LONG AND
ROBERT A. LONG
B10B
PIN N
Q%v cr
B A. LONG,
Property Owner
ATTEST:
By
SYDNEY BARTHOLOMEW '
Notary Pubic -Arkansas
Washington County
My Commission Expires 08-04-2026
i=omi:sionH 12698862
CITY OF FAYETTEVILLE,
Mayor
ATTEST:
By: SONDRA SMITH, City Clcrk`ti•`y
IP
G �•�` •
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Exhibit A
SITE UTILITY LEGEND:
-- -- — — 478 N. Tanglewood Ave (New residential construction)
-- — — - N. Tanglewood Avenue (Address T.B.D.)
434 Tanglewood Avenue (Demo of Existing Building and construct new residence)
— — — — Existing 1.5" water line running east to west along E. Maple St.
— — 4, New 2" water line running north to south (new water line = 220'-0")
Existing 8" sewer line running down mount Sequoia from the east to west
New 8" sewer line running north to south along Tanglewood (New sewer line length = 140'-0'l
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E.LONG
ARCHITECTURE I PLANNING
PROJECT 478 N. Tanglewood Ave, Fayetteville AR 72701
OWNER: Eric Anthony Long/ Robert A. Long
938 E. Rodgers Dr.
Fayetteville, AR 72701
DESCRIPTION: New utility service at new infill development along Tanglewood avenue
(Addresses: 478 N. Tanglewood Ave down to 434 Tanglewood Ave.)
Mr. Nyander,
This formal request for cost share is solely based on the need to get utility service's to 2 of the 3
planned homes of the infill development as shown in 'Exhibit X. The current condition of utility
service in this general vicinity only feeds one of the 3 planned lots; a service water line branching off
a 2" water main that ends at the eastern most end of Lafeyette and a 6" sewer main that skirts the
southern most existing residence, 434 Tanglewood Ave. To serve 434, 478 and a proposed middle
lot of the Tanglewood infill development per city standards we are having to bring new infrastructure
to properly serve the disposal and supply needs. The cost share is presented to you and your
department as a 50-50 share which is to aide in the development of two lots, one present and one
future lot, that are not served at all by the city's public utility services.
Please see cost break down and inclusions on the following page.
Sincerely,
Eric A. Long
415 272 8609 - 211 Block Ave, Suite 101. Fayetteville AR, 72701
ARCHITECTURE I PLANNING
Cast Estimate:
ENGINEERING FEES (EST.)
MILHOLLAND ENGINEERING: (AS -BUILT
DRAWINGS & INSPECTION
$18,000.00
ENGINEERING FEES PAID
TO DATE
MILHOLLAND ENGINEERING: (CIVIL
DRAWINGS FOR PERMI
$8,807.24
SUS CONTRACTOR
AGREEMENT
BLAZING HOGS
$48,500.00
TOTAL
$75,307.24
CONTINGENCY 10 % CONTINGENCY
$82,837.96
Inclusions;
• Transmittal (request for cost share)
• Approved and permitted utility drawings by licensed engineer
• Exhibit A (new and proposed work)
Saiit�j�tir�sl�Yc]L�E 17_sir!r - 415 272 8609 - 211 Block Ave, Suite 101, Fayetteville AR 72701
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RECEIVED
DEC 21 2018
CRY OF FAYETTEVINORTHWEST ARKANSAS
CITY CLERKS OFFI
Democrid-t-V7o51W`1_A_Zdte
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. 6122
Was inserted in the Regular Edition on:
December 13, 2018
Publication Charges: $ 161.20
Cathy Wiles
Subscribed and sworn to before me
This 1 -7t --day of Dec , 2018.
�Z�d6ob to�
Notary Public
My Commission Expires: 3.1 b -2t
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance 6122
File Number: 2018-0653
ERIC A. LONG AND ROBERT A LONG
COST SI TARE AGREEMENT:
AN ORDINANCE TO WAIVE THE
REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVE A
COST SHARE AGREEMENT WITI I ERIC A.
LONG AND ROBERT A. LONG FOR 111E
INSTALLATION OF WATER AND SEWE=R
MAINS ALONG A PORTION OF NORTH
TANGLEWOOD AVENUE, WITH THE
ESTIMATED AMOUNT TO BE PAID BY
THE CITY OF FAYETTEVILLE NOT TO
EXCEED $33,653.62, AND TO APPROVE A
PROJECT CONTINGENCY IN THE
AMOUNT OF S3,365.37
WI IEREAS, Eric A. Long and Robert A. Long
will be developing property located at 434 and
478 North Tanglewood Avenue and a proposed
middle lot with no address and have requested
that the City share in the cost of constructing a
2 -inch water main and an 8 -inch sewer main
along a portion North Tanglewood Avenue, a
distance of approximately 129 feet; and
WHEREAS, the City of Fayetteville would
benefit from the cost share as it will facilitate
infill development and will provide for ample
future capacity which the City recognizes will be
necessary for the arca that is served by the water
and sewer mains; 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
cxcess size is specified and required by the water
and wastewater director for the general benefit
orlhe water system", 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'; 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.
NOW, TI IEREFORE, 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
Ihcrel'orc waives the requirements of formal
competitive bidding and approves it cost share
agreement with Eric A. Long and Robert A.
Long for the installation of a 2 -inch water main
and an 8 -inch sewer main along a portion of
North Tanglewood Avenue with the estimated
amount to be paid by the City of Fayetteville not
to exceed $33,653 62, and further approves a
project contingency in the amount of
$3,365.37.
PASSED and APPROVED on 12/4/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra F_ Smith, City Clerk Treasurer
74776783 Dec. 13, 2018