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Home My WebLink About253-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 253-23 File Number: 2023-1268 FAY APARTMENT PARTNERS, LLC (COST SHARE): A RESOLUTION TO AUTHORIZE A COST SHARE WITH FAY APARTMENT PARTNERS, LLC IN THE AMOUNT OF $49,151.00 FOR STREET IMPROVEMENTS ON NORTH WHITHAM AVENUE WHEREAS, Fay Apartment Partners is in the process of constructing residential units on North Whitham Avenue; and WHEREAS, the development was required to widen North Whitham Avenue along their project frontage to accommodate parking requirements and fire code and street cuts were made to provide water and sewer services to those units; and WHEREAS, the developer has proposed a complete overlay of the street in which it would be responsible for the curb and gutter as well as the street section associated with its widening of North Whitham Avenue while the city would be responsible for the remaining portion of the street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a cost share agreement with Fay Apartment Partners, LLC in the amount of $49,151.00 to complete street improvements on North Whitham Avenue. PASSED and APPROVED on November 21, 2023 Page 1 Attest: ,�t' K r 0 Kara Paxton, City C erl reasurer f.. City of Fayetteville Staff Review Form 2023-1268 Item ID 11/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Josh Boccaccio 11/2/2023 Engineering (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of the cost share with Fay Apartment Partners, LLC to pay $49,151.00 for street improvements along a portion of N Whitham Ave. Budget Impact: 4470.800.8820-5809.00, 5400.720.4310- 5315.00. Account Number 02116.1 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Sales Tax Capital Improvements, Water and Sewer Fund Cost Share/ROW/Intersection/Street Calming Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 514,244.00 $ 63,740.00 $ 450,504.00 $ 49,151.00 $ 401,353.00 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2023 CITY COUNCIL MEMO 2023-1268 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Josh Boccaccio, Engineering Development Review Mgr DATE: SUBJECT: Cost Share with Fay Apartment Partners for street improvements to portions of N Whitham Ave RECOMMENDATION: Staff recommends approval of this cost share with Fay Apartment Partners for street improvements to portions of N Whitham Ave at a total cost of $49,151.00. BACKGROUND: Fay Apartment Partners is in the process of constructing residential units on N Whitham Ave between W Taylor St and W Douglas St. The development was required to widen N Whitham Ave along their project to accommodate parking requirements and fire code. DISCUSSION: During construction, it was discovered that the cross -slopes of N Whitham Ave exceed the current Minimum Street Standards. In addition, street cuts were made to provide domestic water and sanitary sewer services to the residential units under construction. The developer proposed a complete overlay of the street in which they would be responsible for the curb & gutter as well as the street section associated with their widening of N Whitham Ave and the city responsible for the remaining portion of the street. In an effort to bring the street into compliance and provide the best possible repair for the overall street, staff recommends approval of this cost share. BUDGET/STAFF IMPACT: This project is funded by the Sales Tax Capital Improvements Fund ($39,762.31) and the Water and Sewer Fund ($9,388.69). ATTACHMENTS: SRF (#3), Cost Share Agreement Whitham (#4), Whitham Overlay Cost Estimate (#5), Vicinity Map (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street r r Fayetteville, AR 72701 ! 19 (479) 575-8323 (M. Legislation Text File #: 2023-1268 Cost Share with Fay Apartment Partners for street improvements to portions of N Whitham Ave A RESOLUTION TO AUTHORIZE A COST SHARE WITH FAY APARTMENT PARTNERS, LLC IN THE AMOUNT OF $49,151.00 FOR STREET IMPROVEMENTS ON NORTH WHITHAM AVENUE WHEREAS, Fay Apartment Partners is in the process of constructing residential units on North Whitham Avenue; and WHEREAS, the development was required to widen North Whitham Avenue along their project frontage to accommodate parking requirements and fire code and street cuts were made to provide water and sewer services to those units; and WHEREAS, the developer has proposed a complete overlay of the street in which it would be responsible for the curb and gutter as well as the street section associated with its widening of North Whitham Avenue while the city would be responsible for the remaining portion of the street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a cost share agreement with Fay Apartment Partners, LLC in the amount of $49,151.00 to complete street improvements on North Whitham Avenue. Page 1 DocuSign Envelope ID: 154B52E9-8B6E-42F2-AA12-E08BD057CABA CONTRACTUAL AGREEMENT FOR COST SHARE OF STREET IMPROVEMENT COSTS This Agreement, made and entered into on this 21 day of N04CMbc R. 2023, by and between the City of Fayetteville, Arkansas ("City") and Fay Apartment Partners, LLC ("Fay Apartment Partners"), witnesseth: WHEREAS, Fay Apartment Partners is currently constructing dwelling units on the east and west side of Whitham Ave between Taylor St and Douglas St WHEREAS, Fay Apartment Partners development is required to widen Whitham Ave to meet parking requirements and fire code; and WHEREAS, Fay Apartment Partners has committed to completing these required street improvements; and WHEREAS, a complete overlay of Whitham Ave would provide the best repair of the street; and WHEREAS, the City of Fayetteville Engineering Division recommends a cost share to pay for the overlay of Whitham Ave, because requiring that of Fay Apartment Partners would exceed the street improvements required of the development. NOW, THEREFORE, the City of Fayetteville, Arkansas and Fay Apartment Partners agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Fay Apartment Partners for $49,151.00 which represents the cost to overlay Whitham Ave for approximately 230 linear feet from W Douglas street to W Taylor St as shown in Exhibit "A", attached. B. Payments due to Fay Apartment Partners, shall be remitted within sixty (60) days after receipt of valid invoices, and pending successful inspection and acceptance of the completed work by the City of Fayetteville Engineering Division. 2. Fay Apartment Partners agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary to complete the work shown on Exhibit "A", in accordance with the City of Fayetteville Minimum Street Standards, and City Standard Details, both of which are available at http://www.fayetteville-ar.p-ov/445/En ing eering- Specs-Details. Page 1 of 2 DocuSign Envelope ID: 154B52E9-8B6E-42F2-AA12-E08BD057CABA B. Provide a copy of the invoices from the Contractor upon completion and City approval of the street improvements described in Exhibit "A". C. Pay for the street improvements (with reimbursement of $49,151.00 of the cost by the City of Fayetteville). 3. It is further understood that the contract for construction is between Fay Apartment Partners and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for Fay Apartment Partners. The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount of $49,151.00 for the street improvements. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: FAY APARTMENT PARTNERS, LLC By: F�e"�q: 1 — � . T.J. Lefler ATTEST: CITY OF FAYETTEVILLE, ARKANSAS RE4 ATTEST: _= ('\ Kara Paxton, City Clerk Y�gsy4,j��, �- Page 2 of 2 EXHIBIT "All Date 10/20/2023 First Star Construction, LLC Solomon Jones PO Box 1444 Farmington, AR 72730 Cell: 479-422-S902 Email: sjones@firststarnwa.com ttention: Trace Litterman Project Campus Edge Address Whitham Ave Location Fayetteville, AR Scope of Work: Whitham Roadway Overlay Paving Description I Est Quantity Unit Unit Price Bid Amount 1 1.5" Mill and Overlay on Whitham from Douglas to Taylor Street I I ..S $ 49,151.00 $ 49,151.00 This proposal is for the paving work associated with above listed project: We will place up to 60 tons of leveling asphalt on a street section of 230' by 25' butt mill at each end of overlay area, place a tack coat using .11gal/sy of SS-1 emulsion then overlay the area with 1.5" of 9.5mm PG 64-22 surface mix asphalt. Total $ 49,161.00 Construction Total $ 49,161.00 Notes: 1 Above Pricing is guaranteed for 20 Days from the date of this document 2 If Proposal remains unsigned after 20 calendar days from date specified, pricing is subject to change 3 All pricing is based upon the civil drawings, detail and specifications as described in the provided documents 4 All grades will be +or- one tenth 5 Pricing is based on stated quantities above, additions will be at unit cost 6 Rock Excavation is excluded from this proposal 7 Engineering and Construction staking are excluded from this proposal 8 All materials testing are excluded from this proposal 9 Tapping fee to be paid by Owner 12 Traffic control is excluded from this proposal Owner/ Owner Representative Proposal Acceptance Date Acceptance of proposal- The above pricing, specifications and conditions are satisfactory and hereby accepted. First Star Construction is authorized to perform the work as specified upon execution of all necessary contractual documents. .504MM First Star Representative October 20, 2023 Date y I Or u� Area to be overlaid: