HomeMy WebLinkAboutOrdinance 6385113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6385
File Number: 2020-0993
NWA LD, LLC COST SHARE AGREEMENT:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST
SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER
CREEK CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV
WITH A REFUND IN AN AMOUNT NOT TO EXCEED $26,670.00 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 $5,334.00
WHEREAS, Rausch Coleman Homes is developing the Crystal Springs IV subdivision which will
require the installation of an 8-inch sewer main and creek crossing to service the development; and
WHEREAS, the Utilities Department recommends upsizing to a 12-inch diameter sewer main per the
City's Wastewater Collection System Master Plan; 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, the City proposes to enter into an agreement with NWA LD, LLC to refund an amount
of up to $26,670.00, 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:
Page 1 Printed on 12/2/20
Ordinance 6385
File Number 2020-0993
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 N WA LD, LLC for the upsizing of a planned sewer creek crossing with a refund in an amount not
to exceed $26,670.00 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 $5,334.00.
PASSED and APPROVED on 12/1/2020
Attest:
R KIf 1 �����ii
Kara Paxton, CityClerk Treasu r �AYe�E�1C
� L E
Page 2 Printed on 12*M
-'� City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
i
(479) 575-8323
Text File
File Number: 2020-0993
Agenda Date: 12/1/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.7
NWA LD, LLC COST SHARE AGREEMENT:
AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST
SHARE AGREEMENT WITH NWA LD, LLC FOR THE UPSIZING OF A PLANNED SEWER CREEK
CROSSING ASSOCIATED WITH CRYSTAL SPRINGS SUBDIVISION PHASE IV WITH A REFUND
IN AN AMOUNT NOT TO EXCEED $26,670.00 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 $5,334.00
WHEREAS, Rausch Coleman Homes is developing the Crystal Springs IV subdivision which will require the
installation of an 8-inch sewer main and creek crossing to service the development; and
WHEREAS, the Utilities Department recommends upsizing to a 12-inch diameter sewer main per the City's
Wastewater Collection System Master Plan; 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, the City proposes to enter into an agreement with NWA LD, LLC to refund an amount of up to
$26,670.00, 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 NWA LD, LLC for the
upsizing of a planned sewer creek crossing with a refund in an amount not to exceed $26,670.00 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 $5,334.00.
City of Fayetteville, Arkansas page 1 Printed on 121212020
City of Fayetteville Staff Review Form
2020-0993
Legistar File ID
12/1/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 11/12/2020 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a cost share agreement with NWA LD, LLC in an amount not to exceed $26,670.00
for upsizing a planned sewer creek crossing associated with Crystal Springs Subdivision Phase IV, and to approve a
project contingency in the amount of $5,334.00.
5400.720.5700-5815.00
Account Number
04039.1
Project Number
Budget Impact:
Water and Sewer
Fund
Water/Sewer Impact Fee Cost Sharing
Project Title
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
$ 3,551,352.00
$ 2,942,011.91
$ 609,340,09
$ 32,004.00
577,336.09
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
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: NWA LD, LLC — Sewer Cost Share for Crystal Springs IV Subdivision
RECOMMENDATION:
Staff recommends approval of a cost share agreement with NWA LD, LLC in an amount not to
exceed $26,670.00 for upsizing a planned sewer creek crossing associated with Crystal Springs
Subdivision Phase IV, and to approve a project contingency in the amount of $5,334.00.
BACKGROUND:
Rausch Coleman Homes is developing a subdivision called Crystal Springs IV in Fayetteville.
The development requires an 8-inch sewer main and creek crossing at Hamestring Creek. It
would be in the best interest of the City to upsize this to a 12-inch sewer main to allow for future
development. NWA LD, LLC is the contractor doing the sewer line work for Rausch Coleman.
DISCUSSION:
This Cost Share with NWA LD, LLC would pay for the upsizing of a planned sewer creek
crossing associated with Crystal Springs Subdivision Phase IV. This upsize will allow ample
capacity for future development to drain through this same Hamestring Creek crossing, avoiding
the need for multiple creek crossings. This particular crossing is below grade, not aerial. The
upsize for the sewer main and encasement pipe is $26,670.00. Staff recommends approving the
cost share in an amount not to exceed $26,670.00 to upsize the sewer line and encasement for
the creek crossing.
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 UPGRADE COSTS
This Agreement, made and entered into on this f day of December, 2020, by and between
the City of Fayetteville, Arkansas ("City") and NWA LD, LLC ("NWA LD, LLC"), witnesseth:
WHEREAS, NWA LD, LLC is developing property known as Crystal Springs
Subdivision Phase IV in the City of Fayetteville and is required to construct an 8-inch sewer line,
creek crossing, and encasement to facilitate the development which will be served by the City of
Fayetteville's sewer system; and
WHEREAS; on September 9, 2019, NWA LD, LLC received Planning Commission
approval for the construction of this proposed subdivision and will be installing new 8" sewer
mains within this development; and
WHEREAS, the Utilities Department recommends upsizing this sewer line and
encasement from 8" to 12" which will allow ample capacity for future development to drain
through this same creek crossing, avoiding the need for multiple creek crossings;
NOW, THEREFORE, the City of Fayetteville, Arkansas and NWA LD, LLC agree as
follows:
1. The City of Fayetteville, Arkansas agrees to:
A. Reimburse NWA LD, LLC for 100% of the cost to upsize approximately 617
linear feet of 8-inch sewer main to 12-inch in the area identified in Exhibit "A"
up to a maximum -not -to -exceed amount of $26,670.00, as was estimated by the
builder's representative and shown on Exhibit `B", attached.
B. Remit payments due to NWA LD, LLC within sixty (60) days after receipt of
valid invoices.
2. NWA LD, 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.
C. Pay for the sewer main installation (with reimbursement of 100% of the cost of
upsizing the sewer main by the City of Fayetteville in a not -to -exceed amount
of $26,670.00.
3. It is further understood that the contract for construction of the sewer main extension
is between NWA LD, LLC 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
$26,670.00 for the sewer main upsizing.
IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE
SIGN BELOW:
NWA LD, LLC CITY OF FAOYETTEVILLE, ARKANSAS
DAVID C. FRYE, Manager I NEL . AN, Mayor
ATTEST: ATTEST:
GOER KI/•T�
�• GITY •;`y
By: ` ,� By: : •
C'.
KARA PAXTON, Ci Clerk FgyE m
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EXHIBIT B
Corey Granderson
City of Fayetteville
2435 S. Industrial Drive
Fayetteville, AR 72701
RE: Crystal Springs Sewer Upsizing
Mr. Granderson,
October 20, 2020
Please accept this letter as our request for a cost share agreement between NWA LD, LLC and the City of Fayetteville.
Specifically:
- NWA LD, LLC will install 190 linear feet of 12-inch poly vinyl chloride sewer main from the existing manhole to
manhole 1-1 for an upsizing charge of $5,130.
- NWA LD, LLC will install 327 linear feet of 12-inch ductile iron sewer main from manhole 1-2 for an upsizing
charge of $6,540.
- NWA LD, LLC will jack and bore 100 linear feet of the 12-inch ductile iron sewer to cross the creek for an upsizing
charge of $15,000.
The total cost to upsize the lines and bore is $26,670 and all locations are shown on the attached exhibit.
Please contact me if you have any questions.
Sincerely,
IA.
Jesse Fulcher
Rausch Coleman
4058 N. College Avenue — Fayetteville, AR 72703 — Office: 479-455-9090 — Fax: 479-455-2026
www.rauschcolemanhomes.com
NORTHWEST ARKANSAS Ordinance:6385
FDemocratzeAG Number: 2 COST93
:ry; ■/tg�J'7 NWA LD,LLC COST SHARE
77 AGREEMENT:
• AN ORDINANCE TO WAIVE FORMAL
COMPETITIVE BIDDING AND
P.C.BOX 1607.FAYETTEVILLE,AR,727C2• i 3-4 42-I'OC•FAX 479-89S-I17B• WW1;NWADG.COM APPROVE A COST SHARE
AGREEMENT WITH NWA LD,LLC
FOR THE UPSIZING OF A PLANNED
SEWER CREEK CROSSING
ASSOCIATED WITH CRYSTAL
AFFIDAVIT OF PUBLICATION SPRINGS SUBDIVISION PHASE IV
WITH A REFUND IN AN AMOUNT
NOT TO EXCEED$26,670.00 TO BE
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the PFA D 1131
Y tVIL EI FOR THE COST OF
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and IMPROVEMENTS THAT EXCEED THE
ROUGH PROPORTIONALITY OF THE
published in said County, State of Arkansas;that I was so related to this IMPACT OF THE DEVELOPMENT,
publication at and during the publication of the annexed legal advertisement AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF
the matter of: Notice pending in the Court, in said County,and at the dates of $5,334.00
the several publications of said advertisement stated below,and that during said WHEREAS,Rausch Coleman Homes is
developing the Crystal Springs IV
periods and at said dates, said newspaper was printed and had a bona fide subdivision which will require the
installation of an 8-inch sewer main and
circulation in said County;that said newspaper had been regularly printed and creek crossing to service the development;
published in said County, andand
had a bona fide circulation therein for the period of
WHEREAS,the Utilities Department
one month before the date of the first publication of said advertisement; and that recommends upsizing to a 12-inch diameter
said advertisement waspublished in the regular dailyissues of said newspaper sewer main per the as a Wastewater
&� Collection System Master Plan;and
as stated below. WHEREAS,§51.113 of the Fayetteville
City Code provides that"the City shall pay
the excess material cost of facilities of a
City of Fayetteville size larger than required to service
Ord 6385 subdivisions when such excess size is
specified and required by the water and
wastewater director for the general benefit
of the sewerage system.";and
Was inserted in the Regular Edition on: WHEREAS,the City proposes to enter into
December 6,2020 an agreement with NWA LD,LLC to
refund an amount of up to$26,670.00,
which represents the estimated cost of
improvements that exceed the rough
Publication Charges: $165.68 proportionality of the development's
impact.
NOW,THEREFORE,BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE,ARKANSAS:
yg M� Section I: That the City Council of the
Brittany Smith 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
Subscribed and sworn to before me Sj P� �112 bidding and approves a cost share
This 9 day of ), 2020. GPj��PtsoN#12 �25 agreement with NWA LD,LLC for the
GOMMtS eby 2a upsizing of a planned sewer creek crossing
,,°rlRf'''•, M4 pt�t�5•F �ooG0U�H with a refund in an amount not to exceed
EX losti�P9 $26,670.00 to be paid by the City of
04,
Fayetteville for the cost of improvements
that exceed the rough proportionality of the
impact of the development,and further
Notary Public approves a project contingency in the
MyCommission Expires: Z ZDZ� amountof$5,334.00.
P PASSED and APPROVED on 12/1/2020
Approved:
Lioneld Jordan,Mayor
Attest:
**NOTE** Kara Paxton,City Clerk Treasurer
75355416 Dec 6,2020
Please do not pay from Affidavit.
Invoice will be sent.
