HomeMy WebLinkAboutOrdinance 6344113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6344
File Number: 2020-0587
STONEBROOK ACQUISITIONS, LLC:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST
SHARE AGREEMENT WITH STONEBROOK ACQUISITIONS, LLC FOR THE
INSTALLATION OF A 36-INCH STORM SEWER WITH A REFUND IN AN AMOUNT NOT
TO EXCEED $165,829.60 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST
OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT
OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF $25,000.00
WHEREAS, on March 23, 2020, the Planning Commission approved the Stonebrook Subdivision
located south and east of the intersection of South River Meadows Drive and East Huntsville Road;
and
WHEREAS, the City and residents in the area expressed concern over an existing drainage problem
along Roberts Road that can be resolved more easily at the time construction of the subdivision than at
a later time; and
WHEREAS, the City proposes to enter into an agreement for the developer to install a 36-inch storm
sewer with a refund from the City in an amount of up to $165,829.60, which represents the estimated
cost of improvements that exceed the rough proportionality of the development's impact; and
WHEREAS, the City will benefit from this arrangement as it will provide resolution to a long standing
drainage issue that occupies time and materials of the Transportation Department; and
WHEREAS, allowing the developer to utilize its own contractors for the development will allow the
City to achieve significant savings.
Page 1 Printed on M20
Ordinance: 6344
File Number: 2020-0587
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF
FAVETTEVILLE, 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 Stonebrook Acquisitions, LLC for the installation of a 36-inch storm sewer with a refund in an
amount not to exceed $165,829.60 to be paid by the City of Fayetteville for the cost of improvements
that exceed the rough proportionality of the impact of the development, and further approves a project
contingency in the amount of $25,000.00.
PASSED and APPROVED on 8/4/2020
Attest:
GLER K
;���y•' CITyo Fy'%
Kara Paxton, City Clerk Treasurer = F1yE7.;'
'-,tip'•. q�vsAs . •. �,,.
Page 2 Printed on 8/5✓20
City of Fayetteville, Arkansas 113 West Mountain Street
%- Fayetteville, AR 72701
(479) 575-8323
} Text File
' File Number: 2020-0587
Agenda Date: 8/4/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 5
STONEBROOK ACQUISITIONS, LLC:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST
SHARE AGREEMENT WITH STONEBROOK ACQUISITIONS, LLC FOR THE INSTALLATION OF
A 36-INCH STORM SEWER WITH A REFUND IN AN AMOUNT NOT TO EXCEED $165,829.60
TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF IMPROVEMENTS THAT
EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO
APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,000.00
WHEREAS, on March 23, 2020, the Planning Commission approved the Stonebrook Subdivision located
south and east of the intersection of South River Meadows Drive and East Huntsville Road; and
WHEREAS, the City and residents in the area expressed concern over an existing drainage problem along
Roberts Road that can be resolved more easily at the time construction of the subdivision than at a later time;
and
WHEREAS, the City proposes to enter into an agreement for the developer to install a 36-inch storm sewer
with a refund from the City in an amount of up to $165,829.60, which represents the estimated cost of
improvements that exceed the rough proportionality of the development's impact; and
WHEREAS, the City will benefit from this arrangement as it will provide resolution to a long standing drainage
issue that occupies time and materials of the Transportation Department; and
WHEREAS, allowing the developer to utilize its own contractors for the development will allow the City to
achieve significant savings.
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 Stonebrook
Acquisitions, LLC for the installation of a 36-inch storm sewer with a refund in an amount not to exceed
$165,829.60 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough
City of Fayetteville, Arkansas page 1 Printed on 8/5/2020
File Number 2020-0587
proportionality of the impact of the development, and further approves a project contingency in the amount of
$25,000.00.
City of Fayetteville, Arkansas Page 2 Printed on 81512020
City of Fayetteville Staff Review Form
2020-0587
Legistar File ID
8/4/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 7/13/2020 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of this cost share with Stonebrook Acquisitions LLC in the amount of $165,829.60 for the installation of a
36-inch storm sewer with appurtenances with the construction of Stonebrook Subdivision to address a long
standing drainage issue within the City and a project contingency of $25,000.00.
Budget Impact:
4470.621.8820-5809.00 Sales Tax Capital Improvement
Account Number Fund
02116.1 Cost Share/ROW/Intersection/Street Calming
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 730,606.00
$ 98,088.40
$ 632,517.60
$ 190,829.60
$ 441,688.00
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 4, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Service Director
Chris Brown, City Engineer
FROM: Alan Pugh, Staff Engineer
DATE: July 16, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of this cost share with Stonebrook Acquisitions LLC in the
amount of $165,829.60 for the installation of a 36-inch storm sewer with appurtenances
with the construction of Stonebrook Subdivision to address a long standing drainage
issue within the City and a project contingency of $25,000.00.
RECOMMENDATION:
Staff recommends approval of this cost share with Stonebrook Acquisitions LLC in the amount
of $165,829.60 for the installation of a 36-inch storm sewer with appurtenances with the
construction of Stonebrook Subdivision to address a long standing drainage issue within the
City and a project contingency of $25,000.00.
BACKGROUND:
For many years a drainage problem has existing for many homes along the west side of S
Roberts Road just south of E Huntsville Road. There is a large area that holds water and
cannot drain without either infiltrating into the ground or being physically pumped out of the
area. This has caused several homes to be surrounded by water and/or flood in the past and
caused the Transportation Division many hours of work pumping out the low areas. Photos of
one of the flooding events in December of 2015 can be found attached to this memorandum.
DISCUSSION:
During the review process for the Stonebrook Subdivision, a possible solution to the drainage
issues along Roberts Road was discovered. By constructing a storm pipe from an existing outfall
near 1146 S Saint Andrews Circle to the southeast corner of the Stonebrook Subdivision, it would
be possible to drain the area by gravity flow during and after rain events. Being as this appears
to be the only option to have the area drain by gravity flow, staff is recommending a cost share to
have the storm drain installed along with the construction of Stonebrook Subdivision. The
developer of Stonebrook has agreed to include this as a portion of their construction contract and
have the City pay the additional costs associated with the issue. The City proposes to pay for
100% of the additional costs because the developer of the Stonebrook Subdivision is not creating
the issue as it has existed for many years.
It should be noted that the attached bid tab shows both Phase I and Phase 11 improvements.
Currently, staff is only recommending the installation of the Phase I improvements by the
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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FEATURES Hydrographic Feature
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MAP PANELS Unmapped
Q The pin displayed on the map is an approximate
point selected by the user and does not represent
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This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard Information Is derived directly from the
authoritative NFHL web services provided by FEMA. This map
was exported on 2/il/2020 at 5:02:55 PM and does not
reflect changes or amendments subsequent to this date and
time. The NFHL and effecttve Information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear: basemap Imagery, flood zone labels,
legend, scale bar, map creation date, community identifiers,
FIRM panel number, and FIRM effective date. Map Images for
unmapped and unmodernized areas cannot be used for
regulatory purposes.
CONTRACTUAL AGREEMENT FOR
COST SHARE OF STORM SEWER INSTALLATION COSTS
This Agreement, made and entered into on this 4th day of August, 2020, by and between
the City of Fayetteville, Arkansas ("City") and Stonebrook Acquisitions, LLC ("Stonebrook"),
witnesseth:
WHEREAS, on March 23, 2020, the City of Fayetteville Planning Commission
approved a the Stonebrook Subdivision located south and east of the intersection of S River
Meadows Drive and E Huntsville Road; and
WHEREAS, as a portion of the approval the City and residents expressed concern over
and existing drainage problem along Roberts Road that could be resolved with the construction of
the subdivision and would be very difficult to resolve if not included in the construction of the
subdivision; and
WHEREAS, the applicant was acceptable to working with the City to revise the
subdivision plans to resolve this drainage issue provided the City would be acceptable to funding
the additional improvements; and
WHEREAS, the City of Fayetteville would benefit from the cost share as it will provide
resolution to a long standing drainage issue that occupies time and materials of the Transportation
Division and well as closure of Roberts Road during large rains so that water ponded in the low
areas can be pumped out before it floods homes;
NOW, THEREFORE, the City of Fayetteville, Arkansas and Stonebrook agree as
follows:
1. The City of Fayetteville, Arkansas agrees to:
A. Reimburse Stonebrook for approximately 97% of the cost to install
approximately 1,120 linear feet of 36-inch storm sewer with appurtenances and
additional design/inspection fees in the area identified in Attachment "A" up to
a maximum -not -to -exceed amount of $165,829.60 as was estimated by the
builder's representative and shown on Attachment "B", attached.
B. Remit payments due to Stonebrook within sixty (60) days after receipt of valid
invoices.
2. Stonebrook agrees to:
A. Provide the necessary and normal project management, inspection, and testing
as necessary for a complete and acceptable storm sewer installation, including
submittal of plans and specifications to the City's Engineering Department, per
their standard procedures.
B. Provide a copy of the invoices from the Contractor upon City approval of the
storm sewer installation.
C. Pay for the storm sewer installation (with reimbursement of approximately 97%
of the cost by the City of Fayetteville in a not -to -exceed amount stated under
item I.A. of this agreement.
It is understood that in the instance of unforeseen circumstances such as rock
excavation, the City and Stonebrook will negotiate a change order agreeable to both
parties on a unit cost basis subject to City Council approval. If no unit cost exists in
the original contract, one will be negotiated between the City and Stonebrook.
4. It is further understood that the contract for construction of the storm sewer is between
Stonebrook and its Contractor and that the City has no contractual obligation with either
the Contractor or the Engineer. The City's only obligation shall be to participate in this
agreement with a not -to -exceed reimbursable amount of as stated in item I.A. of this
agreement
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
STONEBROOK ACQUISITIONS, LLC CITY OF FA TTEVILLE,
ARKANSAS
By: % By:
Kevin Riggins, Owner I ELD RD , Mayor��
ATTEST:
GLE R K
By:
�`•. ' CITy • �5v
o
Kara Patton, City erk
��• V144e:;=
f
Attachment A \
�.
AW
>.LJo ;
- / ON -TREATABLE AREA " ,I .....
TO SHEET ELo. OPf . J 1pEAlED AREA ' ''i _ _ \. � \.
.... p 65 ACRES TOTAL & W ACRES TOTAL Y // — — �^— — — —. • 0.1t ACRES INPER �5� i • �r 1192 ACHES WKRN S 9 I f
\Y, .�/ e.• o a_ �s-,
......
� o .. � ..:.. ..
3— Storm
-
Sewer
i included in cost share
FOREST /OPEN SPACE_. I '
I.. 0ANIm
.56 ACRES I +
l• d D.BA M TOTAL +, \
0.51 ACRES .'-CAS
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�-
-10AW
---
I I �
14
— — • K
REVISION DATE DESCRIPT'ON
TWIST COWR/OPEN SPACE
\ NTBE
0.45 S y t /✓ I. tl 4
1 / UN-TREATA&E AREA TO
w % ! SNEETFLOW OFF IMPERVIOUS AREA MAP
1.47 �ACACRES TOTAL
0.R1 RES INPERNOUS g STONEBROOK SUBDIVISION
FAYETTEVILLE, AR
SCALE. 1"-60' DATE: Jena 10. 2020 DRAWN BY: CPL
ENGINEERING SERVICES, INCORPORATED
\/ E, ARKAN SAS
------- ---- SPRINGDAL
W.O.0 20905 SHEET 2
Attachment B
Stonebrook Cost -Share
HOUSTON BECKHAM
Item No.
quantity
Unit
Item Description
Unit Price
Total Amount
1
1
LS
Removal of Line 61, Drop Inlet 6-9, and End Treatment
$13,700.00
$ 13,700.00
2
1120
LF
36" RCP Pipe CLIII ISegments 6A-6H)
$87.00
$ 97,440.00
3
1
EA
Flared End Section 6-1
$1,300,00
$ 1,300.00
4
1
EA
Junction Box 6-2
$4,900.00
$ 4,900.00
5
1
EA
Junction Box 6-4
$4,700.00
$ 4,700.00
6
1
EA
Junction Box 6-5
$4,500.00
$ 4,500.00
7
1
EA
Junction Box 6-6
$4,900.00
$ 4,900.00
8
1
EA
Junction Box 6-7
$4,900.00
$ 4,900.00
9
1
EA
Area Inlet 6.8
$4,900.00
$ 4,900.00
10
1
1 EA
Replace Ex Drop Inlet 6-9 (Does not include removal) (SP32)
$4,500.00
$ 4,500.00
Phase 1 CITY IMPROVEMENTS
Original Engineering Fees
Inspection Fees (4%)
Total Improvements
City's Portion
Developer's Portion
$145,740.00
$19,260.00
$5,829.60
$170,829.60
$165,829.60
$5,000.00
Change Order #1
Stonebrook Subdivision
City of Fayetteville Staff Review Form
2022-0232
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Alan Pugh 3/8/2022 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of Change Order #1 in the amount of $9,425.00 for the Stonebrook Subdivision drainage improvement
cost share
Budget Impact:
4470.621.8820-5809.00
Sales Tax Capital Improvement
Account Number Fund
02116.1 Cost Share/ROW/Intersection/Street Calming
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$
701,212.00
$
241,056.73
$ 460,155.27
$
9,425.00
i $
450,730.27
V20210527
Purchase Order Number: 2020-749 Previous Ordinance or Resolution # 6344
Change Order Number: 1 Approval Date: 3-21-22
Original Contract Number: 2020-00000072
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Jordan
THRU: Susan Norton, Chief of Staff
Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE: March 8, 2022
STAFF MEMO
SUBJECT: Approval of Change Order #1 in the amount of $9,425.00 for the Stonebrook
Subdivision drainage improvement cost share
RECOMMENDATION:
Staff recommends approval of Change Order #1 in the amount of $9,425.00 for the Stonebrook
Subdivision drainage improvement cost share.
BACKGROUND:
On August 4, 2020, the City Council approved ordinance 6344 waiving competitive bidding and
entering into a cost -share with Stonebrook Acquisitions LLC for the installation of a 36-inch
storm sewer in an amount not to exceed $165,829.60. This project was funded to deal with a
years old problem of standing water and flooding that occurred along Roberts Road. During the
review of the Stonebrook Subdivision, a solution was designed draining the water through the
subdivision and discharging this water downstream.
DISCUSSION:
During construction it was determined that the pipe needed to be reconfigured slightly on the
downstream end in order to avoid mature trees and make crossing several utilities much easier.
It was also determined that the upstream end needed slight revision in order to lessen the slopes
around the upstream flared end section while staying on the Stonebrook Property. These
improvements are included on the attached change order. The total change order is still well
within the approved $25,000 contingency.
BUDGET/STAFF IMPACT:
This project is funded by the Sales Tax Capital Improvements Fund
Attachments:
Change order #1
Vicinity Map
Ordinance 6344
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CHANGE ORDER
C!Tv OF
FAYETTEVILLE
ARKANSKAAS
Change Order No.
To Contractor: Stonebrook Acquisitions, LLC
The Contract is changed as follows:
Contract Title: Stonebrook Subdivision Drainage Improvements
Date of Issuance March 8, 2022
ORDI N ANC EIRESOLUTION:289-20
Effective March 8, 2022
Bid
Bid
Previous
Unit
Contract
Revised
Revised
Original
Revised
Contract
Item
Item
Estimated
of
Unit
Estimated
Unit
Estimated
Estimated
Changes
No.
Description
Quantity
Measure
Price
Quantity
Price
Cost
Cost
Relocation of Storm
35
Drain/additional junction box
0
LS
$0.00
1
$6,925.00
$6,925.00
Remove FES/pipe and re -grade
0
LS
$0.00
1
$2,500.00
$2,500.00
36
area
$0.00
Summation of Cost $9,425.00
Net Cost for this Change Order $9,425.00
The original Contract Price was $ 165,829.60
._..__.....__..._.....___.....__...__....._....._........._.........._.......__....._...__................................__....._.
Net change by previously authorized change orders $ -
._...-....... ................... _..... _..... ................... _..._........._....._..._..............................................
The Contract Price prior to this Change Order was $ 165,829.60
The Contract Price will be adjusted by $ 9,425.00
..................................................... .... ..... ....... ..... ..... ....... ......................... ........ .................
The new Contract Price including this Change Order will be $ 175,254.60
......... ............ ..... ....... ................... ---- —--- ------
The Contract Time(s) will be increased by 0 calendar days
Required dates of Completion as of the date of this Change Order therefore are:
Substantial Completion 15-Mar-22
-------- --------------------------- --------------
Final Completion 15-Apr-22
NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated
in this or previous Change Orders. 1 /�
Stonebrook Ac uisitions LLC Cl OF F ETT VIL
C J -21-22
BY DATE I Y DATE
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SPECIAL FLOOD With BFE or Depth Z.- AE AO. AN VE AN
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FLOOD HAZARD Area with Flood Risk due to Levee
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Effective LOMRs
OTHER AREAS Area of Undetermined Flood Hazard
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STRUCTURES I I r I r I I Levee, Dike, or Floodwal
e 2m Cross Sections with 1% Annual Chance
17-3 Water Surface Elevation
Coastal Transect
....-. Base Flood Elevation Line (8FE)
Limit of Study
lurlsdict on Boundary
--- --- Coastal Transect Baseline
OTHER _ Profile Baseline
FEATURES Hydrographic Feature
Digital Data Available
No Digital Data Available
MAP PANELS Unmapped
0 The pin displayed on the map Is an approximate
point selected by the user and does not represent
an authoritative property location.
This map complies with FEMA's standards for the use of
digital flood maps it It is not void as described below.
The basemap shown complies with FEMA's basemap
accuracy standards
The flood hazard information is derived directly from the
authoritative NFHL web services provided by FEMA. This map
web exported on 2. 11. 2020 at 5:02:55 PM and dons not
rellecl changes or amendments bubsequenl to this date and
time. The NFHL and effective information may change or
become superseded by new data over time.
This map Image Is void it the one or more of the following map
a; elements do not appear: basemap Imagery. flood zone labels.
legend. scale bar, map creation date. community Identifiers.
FIRM panel number. and FIRM effective date. Map images for
unmapped and unmodernlzed areas cannot be used for
regulatory purposes.
CF iAYETlP
v �
�'OK4NS�S
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6344
File Number: 2020-0587
STONEBROOK ACQUISITIONS, LLC:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST
SHARE AGREEMENT WITH STONEBROOK ACQUISITIONS, LLC FOR THE
INSTALLATION OF A 36-INCH STORM SEWER WITH A REFUND IN AN AMOUNT NOT
TO EXCEED $165,829.60 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST
OF IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT
OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE
AMOUNT OF S25,000.00
WHEREAS, on March 23. 2020, the Planning Commission approved the Stonebrook Subdivision
located south and east of the intersection of South River Meadows Drive and East Huntsville Road;
and
WHEREAS. the City and residents in the area expressed concern over an existing drainage problem
along Roberts Road that can be resolved more easily at the time construction of the subdivision than at
a later time. and
WHEREAS. the City proposes to enter into an agreement for the developer to install a 36-inch storm
sewer with a refund from the City in an amount of up to $165,829.60, which represents the estimated
cost of improvements that exceed the rough proportionality of the development's impact. and
WHEREAS, the City will benefit from this arrangement as it will provide resolution to a long standing
drainage issue that occupies time and materials of the Transportation Department; and
WHEREAS, allowing the developer to utilize its own contractors for the development will allow the
City to achieve significant savings.
Ppo 1 Printed on 8/5✓20
Ordinance 6344
File Number 2020-0587
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 Stonebrook Acquisitions. LLC for the installation of a 36-inch storm sewer with a refund in an
amount not to exceed S 165.829.60 to be paid by the City of Fayetteville for the cost of improvements
that exceed the rough proportionality of the impact of the development. and further approves a project
contingency in the amount of $25.000.00.
PASSED and APPROVED on 8/4/2020
Attest:
`�vCAE R K'z,2.6- a,
.•'•CITyC.Fy��
,c,• �u
G•
Kara Paxton. City Clerk Treasurer = Fq �` �c :l
'-
Page 2 Punted on &%W