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Home My WebLink AboutORDINANCE 6171113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6171 File Number: 2019-0185 BAUMANN CONSTRUCTION, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BAUMANN CONSTRUCTION, LLC FOR THE INSTALLATION OF SEWER MAIN ALONG A PORTION OF SOUTH SCHOOL AVENUE BETWEEN WEST SOUTH STREET AND SOUTH ARCHIBALD YELL BOULEVARD, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $37,189.38, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,720.00 WHEREAS, Baumann Construction, LLC will be developing property located at 304 South School Avenue and has requested that the City share in the cost of constructing an 8-inch sewer main along a portion of South School Avenue between West South Street and South Archibald Yell Avenue, a distance of approximately 277 feet; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide 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"; 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 4117119 File Number: 2019-0185 Ordinance 6171 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 Baumann Construction, LLC for the installation of an 8-inch sewer main along a portion of South School Avenue between West South Street and South Archibald Yell Avenue with the estimated amount to be paid by the City of Fayetteville not to exceed $37,189.38, and further approves a project contingency in the amount of $3,720.00. PASSED and APPROVED on 4/16/2019 Attest: Sondra E. Smith, City Clerk Treasur��U� 'G��Y CF Vim• �AY��--1�Vll. 1,61111111110 �'.ry'• • i{ANS •5 ��' Page 2 Printed on 4117119 City of Fayetteville, Arkansas 113West Mountain Street =f Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0185 Agenda Date: 4/16/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 BAUMANN CONSTRUCTION, LLC: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH BAUMANN CONSTRUCTION, LLC FOR THE INSTALLATION OF SEWER MAIN ALONG A PORTION OF SOUTH SCHOOL AVENUE BETWEEN WEST SOUTH STREET AND SOUTH ARCHIBALD YELL BOULEVARD, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $37,189.38, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $3,720.00 WHEREAS, Baumann Construction, LLC will be developing property located at 304 South School Avenue and has requested that the City share in the cost of constructing an 8-inch sewer main along a portion of South School Avenue between West South Street and South Archibald Yell Avenue, a distance of approximately 277 feet; and WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide 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"; 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 I: 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 Baumann Construction, LLC for the installation of an 8-inch sewer main along a portion of South School Avenue between West South Street and South Archibald Yell Avenue with the estimated amount to be paid by the City of Fayetteville not to exceed $37,189.38, and further approves a project contingency in the amount of $3,720.00. City of Fayetteville, Arkansas Page 1 Printed on 411712019 File Number.' 2019-0185 City of Fayetteville, Arkansas Page 2 Printed on 411712019 City of Fayetteville Staff Review Form 2019-0185 Legistar File ID 4/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Tim Nyander 3/19/2019 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a cost share agreement with Baumann Construction, LLC in an amount not to exceed $37,189.38 for the extension of an 8-inch sanitary sewer line on South School Avenue, and approval of a contingency in the amount of $3,720.00 for a total of $40,909.38. 5400.720.5700-5815.00 Account Number 04039.1 Project Number Budget Impact: Water and Sewer Fund Water/Sewer Impact Fee Cost Sharing Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Project Title $ 1,237,694.00 $ 80, 041.67 1,157,652.33 $ 40,909.38 1,116, 742.95 V20780321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 16, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: March 19, 2019 CITY COUNCIL MEMO SUBJECT: Cost Share Agreement with Baumann Construction, LLC for a Sanitary Sewer Extension on South School Avenue RECOMMENDATION: Staff recommends the approval of a cost share agreement with Baumann Construction, LLC in an amount not to exceed $37,189.38 for the extension of an 8-inch sanitary sewer line on South School Avenue, and approval of a contingency in the amount of $3,720.00. BACKGROUND: Baumann Construction, LLC has requested that the City share in the cost of extending an 8-inch sewer line along a portion of S. School Ave. between W. South St. and S. Archibald Yell Blvd., a distance of approximately 277 linear feet. The proposed sanitary sewer line would extend east from an existing 8-inch sewer line on S. School Ave., run north parallel to the existing line for approximately 100 feet, then extend east into the property intended to be developed. DISCUSSION: Constructing this sewer main will allow the development of three townhomes on the property and will also allow for any future developments in the immediate area to obtain sewer service. Baumann Construction, LLC has received three bids for the proposed sanitary sewer improvements. A bid from S & K Dirtworks, LLC of Fayetteville has been determined to be the lowest qualified bid. Bates & Associates will provide the engineering and surveying services. BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing project. Attachments: Agreement Exhibit A — Map of Area Exhibit B — S & K Dirtworks, LLC Quote and Bates & Associates Proposal Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF SEWER MAIN INSTALLATION COSTS This Agreement, made and entered into on this -RA —day of April, 2019, by and between the City of Fayetteville, Arkansas ("City") and Baumann Construction, LLC; witnesseth: WHEREAS, Baumann; Construction, LLC has requested that the City share in the cost of constructing an 8-inch sewer main along a portion of S. School Ave. between W. South St. and S Archibald Yell Blvd., a distance of approximately 277 feet; and WHEREAS, constructing this segment of 8-inch sewer main will allow Baumann Construction, LLC to obtain sewer service to facilitate the construction of three townhomes on 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 NOW, THEREFORE, the City of Fayetteville, Arkansas and Baumann Construction, LLC agree as follows: I 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Baumann Construction, LLC for 50% of the cost to install approximately 277 linear feet of 8-inch sewer main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $37,189.38, as was estimated by the' builder's representatives and shown on Exhibit "B", attached. B. Payments due to Baumann Construction, LLC, shall be remitted within sixty (60) days after receipt of valid invoices upon completion of the project. 2. Baumann Construction, LLC. agrees 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 sewer main upgrades. D. Pay for the sewer main installation (with reimbursement of 50% of the cost by the City of Fayetteville in a not -to -exceed amount of $37,189.38). IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: BAUMANN CONSTRUCTION, LLC V-.WF, By: UMANN, Managing Member ATTEST: By: CITY OF,, FAYETTEVILLE, LIONEED JORDAN, Mayor ATTEST: +.fit%/13l11 tl f), By: Xn64� CO— SONDRA SMITH, City Clerlc'1 , EAYETTEVILLE*�= i SVSN"dV '7TIMI11.1V3 — ,ems .......... .. ,.�.., .--.... NVId ,llllllfl ?p 3115 8. SNVId NOLIon 11SNOO '� saae9 N01SN31X3 OCS 100HOS 'S x g Y f IN R � • p .9 G" i � � � � f3 i NQt N R , y R g i si +6i b � gY if ' � � 8 i �+}�ggs F i �14 y�gp if- l i6Y6P 11d 101 4� 31 � Saf3� }n� ,ao e g p�p x¢x`� YES I of L � Ak�F �y eF�'agB� .Le eag br± fiI0111:411H, I' Will jj�j K g eeleedjj yyy S 1' erir,q•;;^..-.tip,•,__`.: IM NNn o°:8ymyq @@ap9[LC�LeB �'pr zAotlEtly" !� ' 'I —...� ,:�e,•��:j� _ — 9%,%a��Yi[9dGYG_PYiir�ae I ji f�f! s I �.� �� l •. S 4 II A — t j it � ,� �_• �� - b- _ �� r t • _ ' j r' TO Al r _ Rpr It I¢�_3i ! EiiGltif � �i3.��$f " �,�r.j �WP ��`��ii' �9iSi � dflijiCBipixi 3 I n e I, r I,, •�0 1 + , f j I�.• S & K Dirtworks, LLC EXHIBIT B 1923 Pinewoods Dr. Rogers, AR 72758 I Name/Address I Baumann & Crosno Project Quote Date Quote# 2/22/2019 018-148 Project South School Sewer ... Description Qty Cost Total Sanitary Sewer per plan 1 35,191.00 35,191.00 Sawcut Asphalt 1 1,800.00 1,800.00 Replace Asphalt 6" concrete & 2" surface 1 20,427.75 20,427.75 Demolition of trees 1 3,000.00 3,000.00 Sidewalk & curb remove & replace 1 1,000.00 1,000.00 Retaining wall remove & replace 1 300.00 300.00 Tree Fencing 1 1,060.00 1,060.00 Sewer Tap 1 600.00 600.00 Striping 1 400.00 400.00 Traffic Control 1 6,100.00 6,100.00 Total $69,878.75 Signature Phone # 479-631-7400 ,ADBates ■ Associates, i m. —Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. / Fayetteville, AR 72703 PH: 472-442-93501 FAX: 479-521-9350 December 4, 2018 Mike Baumann Baumann & Crosno Construction 124 W. Sunbridge Dr. Suite 8 Fayetteville, AR 72703 RE: Civil Proposal for sewer main extension Dear Mr. Bauman, We appreciate the opportunity to provide you with engineering and surveying services for the proposed 180' sewer main extension located off South School in Fayetteville Arkansas. It is my understanding that we are to provide you with construction plans for a sewer main extension. We propose to provide the following services: 1. Construction Plans • Prepare grading application forms • Prepare topographic survey in construction area Prepare site & utility plan o Show all existing utilities o Show proposed utility locations o Show water & sewer service line locations o Show setback and utility easements Q Show existing and proposed buildings • Prepare Plan and Profile Sheets. o Sewer manhole location o Sewer main size o Sewer main slope • Prepare Detail Sheets. City Engineering Review o Revise plans per city comments • Submit to Arkansas Department of Health o Revise plans per comments 2. Construction • Prepare letter to City engineering for performance bonds • Set up and attend pre -construction meeting • Construction observation for public improvements o Full time for water and sewer 3. Close out items before for Final acceptance; by City • Preliminary walk-through and prepare punch list for city Final walk-through with City • As -built plans of public improvements • As -built survey of public improvements Prepare letter to City engineering with unit price construction cost for public improvements to get number for 2 year maintenance bond. • Certifications o Engineering certification of public improvements o Surveying certification of compliance Professional Fee ro osal: We proposed to provide the above information for: $ 500 Topographic strip survey $2,000 Construction plans (item 1 ) 2 000 Inspection and closeout (item 2-3) $4,500 The iro osal does not include the followin Items: • City or state review fee's • Construction Staking must be provided by Bates & Associates. Should you have any questions or require any additional information, please feel free to contact us at your convenience. If this Proposal is satisfactory to you, please sign below for our authorization to begin working. Sincerely, Bates & Associates, Inc Geoffrey H. Bates, P.E. President of Engineering Owner Signature Address for invoicing By signing above, I agree to pay Bates & Associates, Inc. the fee as stated above within 30 days of receiving invoice. This Agreement consisting of the proposed services stated above, constitutes the entire agreement between Owner mayeer only bedamended�supplem ntedes all prior �ltten or modified oral or understandings. This AgreementY canceled by a duly executed written instrument. RECEIVED iAY 0 3 2019 NORTHWEST ARKANSAS CITY CLFAYETTEVILLE'FI Democrat (1�aatte 11M AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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 6171 Was inserted in the Regular Edition on: April 25, 2019 Publication Charges: $ 145.60 Cathy Stag Subscribed and sworn to before me This -,50 day of , 2019. (�� V v/ ,-WJ Notary Public My Commission Expires: CtMv WILES i4Qr15.a$ • dgiitull couniv 1Ir r� r uillir.. CarlLnl:r 123971 %lu Cor'1Ffli5'Sir�;, IT 'If. F-I, �r **NOTE** Please do not pay from Affidavit. Invoice will be sent. Oidinance:6171 File Nunilicr: 2019-0185 BAUMANN CONSTRUCTION, LLC AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 13ALJMANN CONSTRUCTION, LLC FOR THE INSTALLATION OF SEWER MAIN ALONG A PORTION OF SOUTH SCHOOL. AVENUE BETWEEN WEST SOUTH STREET AND SOUTH ARCHIBALD YELL BOULEVARD, WITH THE ESTIMATED AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED S37,189.38, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF S3,720.00 WHEREAS, Baumann Constniclion, LLC will be developing properly located at 304 South School Avenue and has requested that the City share in the cost of constructing an 8-inch sewer main along a portion of South School Avenue between West South Street and South Archibald Yell Avenue, a distance of approximately 277 feel; and WHEREAS, the City of Fayetteville would benefil from the cost share as it will provide 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 waler and waslewater 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 I : That the City Council of the City of Fayellcville, 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 Baumann Construction, LLC for the installation of an 8-inch sewer main along a portion of South School Avenue between West South Street and South Archibald Yell Avenue wish the eslimatcd amount to be paid by [lie City of Fayetteville not to exceed $37,18938, and further approves a project contingency in the amounl of S3,720,00, PASSED and APPROVED on 4/16/2019 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74919372 Apr. 25, 2019