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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'. 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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.