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Home My WebLink About250-21 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 250-21 File Number: 2021-0745 BUTTERFIELD TRAIL VILLAGE, INC. COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH BUTTERFIELD TRAIL VILLAGE, INC. FOR BUTTERFIELD TRAIL'S REMOVAL AND RECONSTRUCTION OF A PORTION OF DAMAGED CITY SIDEWALK ALONG OLD MISSOURI ROAD IN THE AMOUNT OF $2,900.00 TO BE PAID BY THE CITY OF FAYETTEVILLE WHEREAS, in the fall of 2019, the Development Services office received a request from Butterfield Trail Village, Inc. for a new parking lot to be located along the west side of Old Missouri Road; and WHEREAS, along with that new parking lot was the construction of a new sidewalk connection with the public sidewalk along Old Missouri Road to existing private sidewalks on the Butterfield Trail's site; and WHEREAS, Butterfield Trail Village, Inc. has requested that the City share in the cost of removing and reconstructing a portion of damaged City sidewalk along Old Missouri Road. 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 approves and authorizes Mayor Jordan to sign a cost share agreement with Butterfield Trail Village, Inc., a copy of which is attached to this Resolution, for the removal and reconstruction of a portion of damaged city sidewalk along Old Missouri Road in the amount of $2,900.00 to be paid by the City of Fayetteville. Page 1 Printed on 10/20/21 Resolution: 250-21 File Number 2021-0745 PASSED and APPROVED on 10/19/2021 Attest: -C)A'� G Kara Paxton, City Clerk Treas�r�eS Page 2 Printed on 10/20/21 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0745 Agenda Date: 10/19/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 BUTTERFIELD TRAIL VILLAGE, INC. COST SHARE AGREEMENT: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH BUTTERFIELD TRAIL VILLAGE, INC. FOR BUTTERFIELD TRAIL'S REMOVAL AND RECONSTRUCTION OF A PORTION OF DAMAGED CITY SIDEWALK ALONG OLD MISSOURI ROAD IN THE AMOUNT OF $2,900.00 TO BE PAID BY THE CITY OF FAYETTEVILLE WHEREAS, in the fall of 2019, the Development Services office received a request from Butterfield Trail Village, Inc. for a new parking lot to be located along the west side of Old Missouri Road; and WHEREAS, along with that new parking lot was the construction of a new sidewalk connection with the public sidewalk along Old Missouri Road to existing private sidewalks on the Butterfield Trail's site; and WHEREAS, Butterfield Trail Village, Inc. has requested that the City share in the cost of removing and reconstructing a portion of damaged City sidewalk along Old Missouri Road. 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 approves and authorizes Mayor Jordan to sign a cost share agreement with Butterfield Trail Village, Inc., a copy of which is attached to this Resolution, for the removal and reconstruction of a portion of damaged city sidewalk along Old Missouri Road in the amount of $2,900.00 to be paid by the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 10/20/2021 City of Fayetteville Staff Review Form 2021-0745 Legistar File ID 10/19/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Ely 9/17/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of this cost share with Butterfield Trail Village, Inc. to pay $2,900.00 for removal and reconstruction of damaged sidewalk along Old Missouri Rd. Budget Impact: 4470.800.8820-5809.00 Sales Tax Capital Improvements Account Number Fund 02116.1 Cost Share/ROW/Intersection/Street Calming Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 696,585.00 $ 257,860.24 $ 438,724.76 $ 2,900.00 435,824.76 V20210527 Purchase Order Number: N / A Previous Ordinance or Resolution # N/A Change Order Number: Original Contract Number: Comments: N/A N/A Approval Date: P_ CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 19, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director CITY COUNCIL MEMO FROM: Jonathan Ely, Development and Construction Manager DATE: September 27, 2021 SUBJECT: Cost Share with Butterfield Trail Village, Inc. to remove and reconstruct a portion of damaged city sidewalk in conjunction with their new parking lot project. RECOMMENDATION: Staff recommends approval of this cost share with Butterfield Trail Village, Inc. to pay $2,900.00 to remove and reconstruct a portion of damaged city sidewalk. BACKGROUND: In the fall of 2019, the Development Services office received a request from Butterfield Trail Village, Inc. for a new parking lot to be located along the west side of Old Missouri Road. Along with that new parking lot was a new sidewalk connection, to connection the public sidewalk along Old Missouri Road, to existing private sidewalks on the Butterfield site. DISCUSSION: During construction and in preparation for completing the new sidewalk connection, it was identified that the point of connection for the new sidewalk would occur in an area where the existing city sidewalk had been damaged. The damage was caused either by tree roots or expansion of the sidewalk and caused the sidewalk to heave up causing an irregular profile and trip hazard. While the contractor could have simply connected to what was there, city staff recommends a cost share with the developer to remove and replace these damaged sections of city sidewalk to create an overall better pedestrian network and sidewalk that complies with ADA. BUDGET/STAFF IMPACT: This project is funded by the Sales Tax Capital Improvements Fund Attachments: Contractual Agreement for Cost Share Exhibit "A" Vicinity Map Exhibit "B" Site Map Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF SIDEWALK IMPROVEMENT COSTS This Agreement, made and entered into on this it day of___________ l r 2021, by and between the City of Fayetteville, Arkansas ("City") and Butterfield Trail Village Inc. ("Butterfield"), witnesseth: WHEREAS, Butterfield has recently completed a new parking lot project along the west side of Old Missouri Road; and WHEREAS, the Butterfield development is required to provide a new sidewalk connection from the public right of way and their site: and WHEREAS, Butterfield has committed to completing these required sidewalk improvements; and WHEREAS, it is also necessary repair a section of existing city sidewalk to make a safe and accessible connection: and WHEREAS, the City of Fayetteville Engineering Division recommends a cost share to pay for the removal and replacement of approximately 16ft of 8ft wide sidewalk to remove trip hazards. NOW, THEREFORE, the City of Fayetteville, Arkansas and Butterfield agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Butterfield for $2,900.00 which represents the cost to remove and replace approximately 16 linear feet of 8ft wide sidewalk as shown in Exhibit "A", attached. B. Payments due to Butterfield, 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. Butterfield 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.gov/445/En ineering_ Specs -Details. . B. Provide a copy of the invoices from the Contractor upon completion and City approval of the street improvements described in Exhibit "A". Page 1 of 2 C. Pay for the sidewalk improvements (with reimbursement of $2,900.00 of the cost by the City of Fayetteville). 3. It is further understood that the contract for construction is between Butterfield and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for Butterfield. The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount of $2,900.00 for the sidewalk improvements. IN AGREEMENT WITH ALL THE TERMS AND SIGN BELOW: BUTTERFIELD TRAIL VILLAGE INC By. ,1✓fi1�/ %lA,,rnt// CG72 ATTEST: t P - ABOVE, WE CITY OF FAYETTEVILLE, ARKANSAS ATTEST: By: FAV' Kara Paxton. Cit. Clerk = ErrEVILLE. Page 2 of 2 EXHIBIT "A" VICINITY MAP Butterfield Trail Village Parking Lot N W E S Damaged Sidewalk EXHIBIT "B" SITE MAP AND SIDEWALK REPLACEMENT PARCEL:765-15677-EYLI J OWNER: CBP REALTY -- `- ---� Oil ' _:E LEVEL ----R2, LANDING ❑ _LC LIV 010 R75' R75' _ 20' SIDE SETBACK R20' 5, g, 5 _ a'a, _ �� 4. S' RANSIIION � 'rPAI'VL, r FARGO -�lID ) LL _ ua 1B ..---/ RID ___— --- __ 0 20' 3D'1i]' -- New sidewalk <<�� -- ------�`` t r�� t 7 � y y ____ __ __________ L LI± J SCALE IN FE.T 13iz�'::::.: by Butterfield d ------------- 1/DRIVEWAY REMOVAL AND may` - : .::.:....' + ` RCYCLE PARKING + { + REP1ACMEVT ONNECTION OAK ODOR' 018 + TD DRPJh AGF . r P NEAREST =. iT _ -- ;.�; • VENT O � RIO' . ' �+ - -3 • �'�-� Area of proposed L. I :...:.:.::'. .,..:.. •, removal and J J _:_:__ ___ _ REPLACED FBROKENj; damaged sidewalk (see - {TYP, ole picture below) � J OLD MISSOURI RD