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HomeMy WebLinkAboutOrdinance 6386113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6386 File Number: 2020-0994 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 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 $3,379.60 WHEREAS, 23 W 5th Street QOZB, LLC is developing a lot along the alley that lies south of 5th Street and east of Block Avenue and a sewer line needs to be extended approximately 108 feet to facilitate this development; and WHEREAS, staff recommends a further extension of the sewer line beyond the property frontage which will facilitate future development in the area; and WHEREAS, the City proposes to enter into an agreement with 23 W 5th Street QOZB, LLC to refund an amount of up to $16,898.00, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact. 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 Page 1 Printed on 1212(20 Ordinance. 6386 File Number 2020-0994 with 23 W 5th Street QOZB, LLC, for the extension of a sewer line with a refund in an amount not to exceed $16,898.00 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 $3,379.60. PASSED and APPROVED on 12/1/2020 Attest: `���rrr►rrrr� Y p,� •sG�,� FAYETTEVILLE Kara Paxton, City Clerk Treasurei� .,��9sy •'A� J� 1111i `O► ►�0���` Page 2 Printed on 1212120 City of Fayetteville Arkansas 113 West Mountain Street r Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0994 Agenda Date: 12/1/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.8 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 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 $3,379.60 WHEREAS, 23 W 5th Street QOZB, LLC is developing a lot along the alley that lies south of 5th Street and east of Block Avenue and a sewer line needs to be extended approximately 108 feet to facilitate this development; and WHEREAS, staff recommends a further extension of the sewer line beyond the property frontage which will facilitate future development in the area; and WHEREAS, the City proposes to enter into an agreement with 23 W 5th Street QOZB, LLC to refund an amount of up to $16,898.00, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact. 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 23 W 5th Street QOZB, LLC, for the extension of a sewer line with a refund in an amount not to exceed $16,898.00 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 $3,379.60. ChyofFayetteville, Arkansas Page 1 Printed on 121212020 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2020-0994 Legistar File ID 12/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2020 Submitted Date Action Recommendation: WATER SEWER (720) Division / Department Staff recommends approval of a cost share agreement with 23 W 5TH STREET QOZB, LLC in an amount not to exceed $16,898.00 for the extension of a sewer line near the corner of South Block Avenue and West 5th Street, and to approve a project contingency in the amount of $3,379.60. Budget Impact: 5400.720.5700-5815.00 Water and Sewer Account Number 04039.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Fund Water/Sewer Impact Fee Cost Sharing Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 3,551,352.00 $ 2,974,015.91 F $ 577,336,09 $ 20,277.60 $ 557,058.49 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 1, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: November 12, 2020 CITY COUNCIL MEMO SUBJECT: 23 W 5th Street QOZB, LLC — Sewer Cost Share Near South Block Avenue and West 5th Street RECOMMENDATION: Staff recommends approval of a cost share agreement with 23 W 5TH STREET QOZB, LLC in an amount not to exceed $16,898.00 for the extension of a sewer line near the corner of South Block Avenue and West 5th Street, and to approve a project contingency in the amount of $3,379.60. BACKGROUND: 23 W 5th Street QOZB, LLC is developing a lot along the alley that lies south of 5th Street and east of Block Street. The sewer line needs to be extended to facilitate this development. DISCUSSION: This particular development requires approximately 108 linear feet of sewer to reach the project site. The City's portion of the cost share would be the 45 linear feet beyond the property frontage, downstream (offsite) of the development. This represents 41.7% of the total sewer needed, and is the basis for the cost share percentage rationale. Staff recommends approving the cost share in an amount not to exceed $16,898.00 to extend the sewer line and facilitate the development of this property and future developments in the area, and also recommends a project contingency in the amount of $3,379.60 in the event substantial rock or unknown circumstances require existing utilities to be relocated. BUDGET/STAFF IMPACT: Funds are available in the Water/Sewer Impact Fee Cost Sharing account within the Water & Sewer Fund. Attachments: Cost Share Agreement Exhibits 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 It, day of December, 2020, by and between the City of Fayetteville, Arkansas ("City") and 23 W 5TH STREET QOZB, LLC ("QOZB"), witnesseth: WHEREAS, QOZB has requested that the City share in the cost of constructing an 8-inch sewer main near the corner of South Block Avenue and West 5ffi Street, a distance of approximately 110 feet, so that QOZB may develop the property located at the southeast corner of South Block Avenue and West 5t' Street; and WHEREAS, the development only requires approximately 63 feet of sewer line but City staff recognizes that constructing an additional 47 feet of 8-inch sewer main will allow development of this property, will extend sewer service to an area in the core of the City that has never been served before, and will also 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." NOW, THEREFORE, the City of Fayetteville, Arkansas and 23 W 5TH STREET QOZB, LLC agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse 23 W 5th Street QOZB, LLC for 41.7% of the cost to install approximately 108 linear feet of 8-inch sewer main in the area identified in Exhibit "A" up to a maximum -not -to -exceed amount of $16,898.00, as was estimated by the builder's representative and shown on Exhibit `B", attached. B. Payments due to 23 W 5th Street QOZB, LLC, shall be remitted within sixty (60) days after receipt of valid invoices. 2. 23 W 5TH STREET QOZB, 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. Provide a copy of the invoices from the Contractor upon City approval of the water main upgrade. Page 1 of 2 C. Pay for the sewer main installation (with reimbursement of 41.7% of the cost by the City of Fayetteville in a not -to -exceed amount of $16,898.00. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: 23 W 5TH STREET QOZB, LLC DOWDEN HOFFMAN, Manager ATTEST: r By: --I(,k T I qn( CITY OF F. ATTEST: ARKANSAS , Mayor ��CLERK, By '�- `�G`�•'•�CITy'•Tp�� KARA PAXTON, City Clerk o , y • F,9Y� .c` ;cn •���,AS r 0�� i oui4A Page 2 of 2 EXHIBIT A GIPW IfE s Pill M7=1 LATEMA =I ' On JORGENSEN EXHIBIT B Fayetteville, a SunADrive, Suite 5 Fayett teville,e,AR 72703 Office 27 +ASSOCIATES www.jorgensenassoc.com0 _;-ar sl-. '9 , November 3, 2020 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: 23`d 51h Street Sewerline Extension In regards the sewerline extension along the alley that lies south of 5" street and Block street, we are kindly seeking a cost share with the city for this extension. With the city's goal of creating in -fill, part of the growth pains involve ensuring that development can be served by public utilities. In this case, the lots that have recently been rezoned to encourage such infill along 5`h street do not have adequate access to public sewer— by extending a new main along this alley, these lots will be able to be served by public sewer. While this particular expenditure is currently be incurred by one developer (23 W 5th Street QOZB, LLC), we think that it is reasonable to anticipate further redevelopment of this block, therefore we are asking that a portion of this extension be cost shared by the City to help encourage this redevelopment in the future. Total Estimated Cost: $35,724 Engineering, Surveying, Inspection Cost: $4,800 Total Estimated Cost: $40,524 Based on the linear feet of line being ran (108') and the linear feet of property fronting the sewer main (63'), we believe that an appropriate cost share would be as follows: Developer's portion: 58.3% Cost share portion: 41.7% We are kindly asking that the City cost share the proportional difference in this extension: 41.7% of $40,524 for a total of $16,898. We also are seeking to allow a provision for overruns to be cost shared in the event that substantial rock is encountered if unknown circumstances require existing utilities to be relocated. Please review at your convenience and let us know how we can be of further assistance for this project. 124 et Su e Drive. Suite 5 J O R G E N S E N Fayetteville, ARAR 72703 J► +ASSOCIATES Office 479.442 9127` Established 1985 Below are the results of the bid for the 23rd W 5th Street QOZB, LLC Sewer Extension MH Backhoe Bid Sewer Item # Description Quantit Unit Unit Price Amount 1 8" Sanitary Sewerline SDR-26 PVC w/ backfill 108 LF $28 $3,024 2 Sawcut Asphalt, Mill and Overlay, Patch 1 LS $9,262 $9,262 3 Manhole 2 EA $3,500 $7,000 4 4" Sanitary Sewer e 2 EA $450 $900 5 Split Encasement 20 LF $240 $4,800 6 Clean & Test SWR 1 L.S. $1,200 $1,200 7 Bond 1 L.S. $1,000 $1,000 8 Rock Excavation 10 CY $300 $3,000 9 Residential Driveway 1 LS $1,800 $1,800 10 Gravel Driveway 144 SY $25 $3,600 11 Clear and Grub, Erosion Control, Tree Preservation 1 LS $5,200 $5,200 Total $40,786 • Deduct for T-Patch in -lieu of line item 2: T-Patch = $4,200. Total = $35,724 Petree Construction Bid Sewer Item # Description Quantity_Unit Unit Price Amount 1 8" Sanitary Sewerline SDR-26 PVC w/ backfill 108 LF $192.03 $20,739.24 2 Sawcut Asphalt, Mill and Overlay, Patch 1 LS $14,068.14 $14,068.14 3 Manhole 2 EA $5,550.00 $11,100.00 4 4" Sanitary Sewer Wye 2 EA $832.50 $1,665.00 5 Split Encasement 20 LF $370.74 $7,414.80 6 Clean & Test SWR 1 L.S. $4,633.14 $4,633.14 7 Bond 1 L.S. $6,298.14 $6,298.14 8 Rock Excavation 10 CY $388.50 $3,885.00 9 Residential Driveway 1 LS $9,809.07 $9,809.07 10 Gravel Driveway 144 SY $66.60 $9,590.40 11 Clear and Grub, Erosion Control, Tree Preservation 1 LS $17,360.40 $17,360.40 Total $106,563.33 Sweetser Construction Bid Sewer Item # Description Quantity Unit Unit Price Amount 1 8" Sanitary Sewerline SDR-26 PVC w/ backfill 108 LF $175.00 $18,900.00 2 Sawcut Asphalt, Mill and Overlay, Patch 1 LS $16,000 $16,000.00 3 Manhole 2 EA $5,200.00 $10,400.00 4 4" Sanitary Sewer Wye 2 EA $700.00 $1,400.00 5 Slit Encasement 20 LF $405 $8,100.00 6 Clean & Test SWR 1 L.S. $4,200.00 $4,200.00 7 Bond 1 L. S. $3,195.00 $3,195.00 8 Rock Excavation 10 CY $325.00 $3,25.00 9 Residential Driveway 1 LS $8,900.00 $8,900.00 10 Gravel Driveway 144 SY $65.00 $65.00 11 Clear and Grub, Erosion Control, Tree Preservation 1 LS $26,000.00 $26,000.00 Total $109,705.00 WRITTEN CONSENT OF THE MEMBERS OF 23 W 5TH STREET QOZB, LLC The undersigned, constituting the all the members (collectively, the "Members") of 23 W 5TH STREET QOZB, LLC, an Arkansas limited liability company (the "Company'), do hereby (i) consent to taking action on the following resolutions without a meeting, (ii) indicate the vote of the undersigned in favor of such resolutions, and (iii) direct that this consent be filed with the minutes of the proceedings of the members of the Company. BE IT RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized and directed to execute, on behalf of the Company, all contracts, agreements, promissory notes, deeds, mortgages, security agreements, financing statements, assignments, guaranties and all other instruments as may be necessary or convenient in connection with any sale, purchase, lease, or other acquisition or disposition of any asset by the Company; FURTHER RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized, on behalf of the Company, to execute such contracts, agreements, promissory notes, deeds, mortgages, security agreements, financing statements, assignments, guaranties and all other instruments as may be necessary to conduct the business and affairs of the Company; FURTHER RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized, on behalf of the Company, to open such bank accounts as she may deem necessary, in the name of the Company and obtain any and all information relating to current bank accounts or any other fmancial accounts in the name of the Company; and FURTHER RESOLVED that Lorel D. Hoffman, as manager of the Company, be and hereby is authorized, on behalf of the Company, to sign checks or drafts drawn on any bank account of the Company and negotiate, endorse, assign, and deposit in the name of the Company, all checks, drafts, notes, and other negotiable paper payable to the Company. This Written Consent shall have the same force and effect as a unanimous vote of the Members and may be stated as such in any articles, certificates or other documents filed in accordance with applicable law or otherwise delivered by the Company. This Written Consent may be executed in two or more counterparts, each of which shall be deemed an original, but shall constitute one and the same instrument. Facsimile and electronic signatures (i.e., PDF) to this Written Consent shall be valid. [Signature Page Follows] -1- IN WITNESS WHEREOF, the undersigned have executed this Written Consent effective as of the November 10, 2020. MEMBERS: MEETING STREET QOF, LLC, an Arkansas limited liability company By: �4� Name: Lorel Hoffinan Title: Manager VIA BODONI QOF, LLC, an Arkansas limited liability company By: Name: Lorel Hoffman Title: Manager [Signature Page to Written Consent] TRANSFER OF ORGANIZATION RIGHTS I, Scott M. Lar, do hereby transfer, assign, and set over unto Lorel Hoffman, all of my rights as an organizer of 23 W. 51h Street QOZB, LLC. Dated: March 16, 2020. <z . Sco M. NORTHWESTARKANSAS Ordinance:6386 0994 Democrat /*�'azc File Number:STREET QOZB, -%`�'��:�• � 23 W 5TH STREET QOZB,LLC COST it•.' SHARE AGREEMENT: AN ORDINANCE TO WAIVE P.c. ECG: :07•PAY ETT E':ILLE,AP 72702.47.4t.•2.170C•P Y`d 79.695-11''S• NWADG.COM FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB,LLC FOR THE EXTENSION OF A SEWER LINE AFFIDAVIT OF PUBLICATION NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMI, BrittanySmith,do solemnlyswear that I am the AccountingLegal Clerk of the $16,898.000UNT NOT BETPAID EXCEED TO BY THE Northwest Arkansas Democrat-Gazette, a daily newspaper printed and CITY OF FAYETTEVILLE FOR THE published in C State of Arkansas; that I was so related to this E THEsaid ROUGH publication at and during the publication of the annexed legal advertisement PROPORTIONALITY OF THE the matter of:Notice pendingin the Court, in said County, and at the dates of IMPACTO OFP THE DEVELOPMENT, AND TO APPROVE A PROJECT the several publications of said advertisement stated below, and that during said CONTINGENCY IN THE AMOUNT periodsO and at said dates, said newspaper wasprinted and had a bona fide $3,379.60 WHEREAS,23 W 5th Street QOZB, circulation in said County; that said newspaper had been regularly printed and LLC is developing a lot along the alley publishedth in said County, and had a bona fide circulation therein for theperiod of Blockat es Avenuesenth ando 5ta sewStreer and needseast o to a sewer line to one month before the date of the first publication of said advertisement; and that be extended approximately 108 feet to acilsaid advertisement waspublished in the regular dailyissues of said newspaper fWHER a this staff development-and � WHEREAS,staff recommends a further as stated below. extension of the sewer line beyond the property frontage which will facilitate future development in the area;and City of Fayetteville WHEREAS,the City proposes to enter Ord 6386 into an agreement with 23 W 5th Street QOZB,LLC to refund an amount of up to$16,898.00,which represents the Was inserted in the Regular Edition on: estimated cost of improvements that gexceed the rough proportionality of the December 6,2020 development's impact. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL Publication Charges: $142.88 OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville,Arkansas hereby ,. sn,A determines an exceptional situation exists in which competitive bidding is Brittany Smith deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with 23 Subscribed and sworn to before me W 5th Street QOZB,LLC,for the extension of a sewer line with a refund This 9 day of D.ec.}, 2020. in an amount not to exceed$16,898.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the S rough proportionality of the impact of Sj#1'10— 2 the development,and further approves a 1SS�ON 28 2025 project contingency in the amount of Notary Public ,0:Ve'•,, MY cow—.Febry4 $3,379.60. MyCommission Expires: Zia ZCYZ-\t I.(-, .) es-41 gh�a910-�0aaH PASSED and APPROVED on p �•; 12/1/2020 s d Approved: Lioneld Jordan,Mayor Attest: **NOTE** Kara Paxton,City Clerk Treasurer Please do not pay from Affidavit. 75355421 Dec 6,2020 Invoice will be sent. 23 W 5TH STREET QOZB, LLC Tim Nyander Submitted By City of Fayetteville Staff Review Form 2021-0766 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/1/2021 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of the use of contingency funds for the cost share agreement with 23 W 5TH STREET QOZB, LLC in the amount of $3,349.00 for a new sewer line near the corner of S. Block Ave. and W. 5th St. Budget Impact: 5400.720.5700-5815.00 Water and Sewer Account Number Fund 04039.1 Water/Sewer Impact Fee Cost Sharing Project Number Project Title Budgeted Item? Yes Current Budget $ 3,200,474.00 Funds Obligated $ 2,597,371.86 Current Balance $ 603,102.14 Does item have a cost? Yes Item Cost $ 3,349.00 Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget F 599,. V20210527 Purchase Order Number: 2020-792 Previous Ordinance or Resolution # Ord. 6386 Change Order Number: Approval Date: 10/4/21 Original Contract Number: Comments: CITY OF FAYETTEVILLE 94ff ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director DATE: October 1, 2021 STAFF MEMO SUBJECT: 23 W 5TH STREET QOZB, LLC — Contingency for Sewer Cost Share RECOMMENDATION: Staff recommends approval of the use of contingency funds for the cost share agreement with 23 W 5TH STREET QOZB, LLC in the amount of $3,349.00 for a new sewer line near the corner of S. Block Ave. and W. 5th St. BACKGROUND: A sewer cost share near the corner of S. Block Ave. and W. 5th St. was approved by Ordinance 6386 on December 20, 2020. The not -to -exceed amount of the cost share was $16,898.00, with a project contingency in the amount of $3,379.60. DISCUSSION: During construction of the sewer line, it was determined that the sewer line would need to be re- routed because of an underground fiber network that the fiber provider would not relocate. The new route of the sewer line went through an area with low pipe cover, so ductile iron was used instead of PVC for pipe stability. Also, the re-routed sewer line ran under a driveway that new asphalt was required to repair after construction. Staff requests approval to use a portion of contingency funds in the amount of $3,349.00 for a total payment to 23 W 5TH STREET QOZB, LLC in the amount of $20,247.00. BUDGET/STAFF IMPACT: Funds are available in the previously approved contingency. Attachments: Ordinance 6386 Invoice from 23 W 5TH STREET QOZB, LLC Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 23rd W 51h Street QOBZ, LLC Invoice #COA23, dated 9/29/21 Invoice to: Shea Fankhouser Project Coordinator Utilities Department City of Fayetteville, Arkansas O 479.718.7670 1 C 479.435.5330 Sewer Extension by: MH Backhoe Service Inc 630 W Henri De Tonti Blvd Springdale, AR 72762 MH Backhoe Bid Sewer Item # Description Quantity Unit Unit Price Amount 1 8" Sanitary Sewerline SDR-26 PVC w/ backfill 108 LF $28 $3,024 2 Sawcut Asphalt, Mill and Overlay, Patch 1 LS $9,262 $9,262 3 Manhole 2 EA $3,500 $7,000 4 4" Sanitary Sewer Wye 2 EA $450 $900 5 Split Encasement 20 LF $240 $4,800 6 Clean & Test SWR 1 L.S. $1,200 $1,200 7 Bond 1 L.S. $1,000 $1,000 8 Rock Excavation 10 CY $300 $3,000 9 Residential Driveway 1 LS $1,800 $1,800 10 Gravel Driveway 144 SY $25 $3,600 11 Clear and Grub, Erosion Control, Tree Preservation 1 LS $5,200 1 $5,200 Total 1 $40,786 • Deduct for T-Patch in -lieu of line item 2: T-Patch = $4,200 ($36,586). • Deduct $3,000 for no rock excavation encountered ($33,586) • Change order to go from PVC to Ductile Iron (due to low cover): $3,138 ($36,724) • Change Order for Asphalt Driveway: $7,030 ($43,754 Final amount due to MH Backhoe). • Engineering/Surveying/Inspection: $4,800. • Final Total amount: $48,554. • Final Amount of Cost share requested to City (41.7%): $20,247. • Final Amount due to Jorgensen & Associates from Cost Share from 23rd W 5th Street QOBZ, LLC (58.3% of engineering fees): $2,798. Total due from City of Fayetteville to 23 W 5th Street QOBZ, LLC, $20,247.00; see p. 2 for payments 23rd W 5th Street QOBZ, LLC, 21633 Highway 45, Fayetteville, AR 72703 1 PLEASE POST THIS PAYMENT FOR OUR MUTUAL CUSTOMER INV. 202289 Please Direct Any Questions To 571829 23 W 6TH STREET QOZB LLC 23 W STH STREET Min Bill P 00 Mine Bill Payment Processing Canter 0000005012 21633 HIGHWAY45 FAYETTEVILLE• AR 72703-9706 I August 25, 2021 MEMO: sower extention, pave ails WSth Y ARVE5T BANK-FAYETTEVILLE L184 0932 EPY 07 0523 [!1 40401731.1 0/0/9401 Pay FORTY SIX THOUSAND SIX HUNDRED SIXTEEN AND 001100 ---- -- DOLLARS TO MH SACKHOE SERVICES THE 530 W HENRI. DE TONTI BLVD .• . 4 o $ ***46,616.00 ORDER TONTITOWN, AR 72762-9606 V 0< Void After 180 DAYS. OF Signature On He 'I��p'''ll'�Iljll''�I11�IL�`�Illil[rii��lJuJl�1111f1ili�l This check has been authorized by your depositor PLEASE POST THIS PAYMENT FOR OUR MUTUAL CUSTOMER Account: PROJECT 3120 ' $7 310M Please Direct Any Questions To : 871829 23 W STH STREET Q0I6 LLC 23 W STH STREET nOO) 243-MB 21633 HIGHWAY 45 line BIII Payment Prooeseing Center : 0000005005 FAYETTEVILLE,AR72703-97U9 - MEMO: pro*tnumber3120 ARVESTBANK-FAYETTEVILLE , anU7fy �$s z021` 06939 iSe77b5 P76951 mE9510001AOQI k00G939 Pay SEVEN THOUSAND THREE HUNDRED TEN AN0'001100 DOLLARS TO JORGENSON + ASSOCIATES w„s $ *"*7,310.00. THE 124 W SUNBRIDGE DR STE 5 ORDER FAYE3TEVILLE, AR 7270 A 670 06939 Vold After 180 DAYS. OF Signature On File dln�l�ilh�llllil!'9�1i'I!'!I"IIIII'�Igl�l�llljdllli������1 This check has been authorized' by your depositor II'OQ5oo511' ima 290087 2t: J15 25 L960 2 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6386 File Number: 2020-0994 23 W 5TH STREET QOZB, LLC COST SHARE AGREEMENT: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH 23 W 5TH STREET QOZB, LLC FOR THE EXTENSION OF A SEWER LINE NEAR THE CORNER OF SOUTH BLOCK AVENUE AND WEST 5TH STREET WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,898.00 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 $3,379.60 WHEREAS, 23 W 5th Street QOZB, LLC is developing a lot along the alley that lies south of 5th Street and east of Block Avenue and a sewer line needs to be extended approximately 108 feet to facilitate this development; and WHEREAS, staff recommends a further extension of the sewer line beyond the property frontage which will facilitate future development in the area; and WHEREAS, the City proposes to enter into an agreement with 23 W 5th Street QOZB, LLC to refund an amount of up to $16,898.00, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact. 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 Page 1 Printed on 1212120 Ordinance. 6386 File Number 2020-0994 with 23 W 5th Street QOZB, LLC, for the extension of a sewer line with a refund in an amount not to exceed $16,898.00 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 $3,379.60. PASSED and APPROVED on 12/1/2020 Attest: `����rtrrrrrr� Gil Y �F •sG�� FAYETTEVILLE ; Kara Paxton, City Clerk Treasurer, : 9•• gRKA�Pc� ••,�``�. JJTON 11,14 Page 2 Primed on 1212120