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, $20,247.00; see p. 2 for payments
23rd W 5th Street QOBZ, LLC, 21633 Highway 45, Fayetteville, AR 72703
1
PLEASE POST THIS PAYMENT FOR OUR MUTUAL CUSTOMER
INV. 202289
Please Direct Any Questions To
571829
23 W 6TH STREET QOZB LLC 23 W STH STREET
Min Bill P 00
Mine Bill Payment Processing Canter
0000005012
21633 HIGHWAY45
FAYETTEVILLE• AR 72703-9706
I
August 25, 2021
MEMO: sower extention, pave ails WSth
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DOLLARS
TO MH SACKHOE SERVICES
THE 530 W HENRI. DE TONTI BLVD
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$ ***46,616.00
ORDER TONTITOWN, AR 72762-9606
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Account: PROJECT 3120 ' $7 310M
Please Direct Any Questions To : 871829
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21633 HIGHWAY 45 line BIII Payment Prooeseing Center : 0000005005
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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
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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
