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Home My WebLink AboutOrdinance 6533113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6533 File Number: 2022-0069 HFI FLETCHER, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH HFI FLETCHER, LLC FOR ADDITIONAL LOW IMPACT DEVELOPMENT MEASURES TO HELP ALLEVIATE DOWNSTREAM DRAINAGE ISSUES ON FLETCHER AVENUE WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,567.13 TO BE PAID BY THE CITY OF FAYETTEVILLE WHEREAS, on May 10, 2021, the City of Fayetteville Planning Commission approved a conditional use permit to authorize the construction of townhomes between 310 and 326 North Fletcher Ave; and WHEREAS, a condition of approval added by the Planning Commission requires that the development treat and slow the water flow from any additional impervious area proposed with the new development; and WHEREAS, in discussions with the developer, it was discovered that the plan was conducive to providing considerably more treatment in order to further remediate the drainage issues discussed during the conditional use permit approval process; and WHEREAS, the developer has agreed to install the additional improvements recommended by City staff and, because this treatment is above and beyond the requirements placed on the development, staff recommends a cost share in order to have the improvements completed. 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 Page 1 Punted on 2116122 Ordinance: 6533 File Number: 2022-0069 exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and authorizes Mayor Jordan to sign a cost share agreement with HFI Fletcher, LLC for additional low impact development measures to help alleviate existing downstream drainage issues on Fletcher Avenue with a refund in an amount not to exceed $16,567.13 to be paid by the City of Fayetteville. PASSED and APPROVED on 2/15/2022 Attest: , OK ��►i+ IA '(TTEVILLE Kara Paxton, City Jerk Treasure�� Pcf; • +'rA�IS •,''� ��IrON Page 2 Printed on 2116122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0069 Agenda Date: 2/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.8 HFI FLETCHER, LLC: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH HFI FLETCHER, LLC FOR ADDITIONAL LOW IMPACT DEVELOPMENT MEASURES TO HELP ALLEVIATE DOWNSTREAM DRAINAGE ISSUES ON FLETCHER AVENUE WITH A REFUND IN AN AMOUNT NOT TO EXCEED $16,567.13 TO BE PAID BY THE CITY OF FAYETTEVILLE WHEREAS, on May 10, 2021, the City of Fayetteville Planning Commission approved a conditional use permit to authorize the construction of townhomes between 310 and 326 North Fletcher Ave; and WHEREAS, a condition of approval added by the Planning Commission requires that the development treat and slow the water flow from any additional impervious area proposed with the new development; and WHEREAS, in discussions with the developer, it was discovered that the plan was conducive to providing considerably more treatment in order to further remediate the drainage issues discussed during the conditional use permit approval process; and WHEREAS, the developer has agreed to install the additional improvements recommended by City staff and, because this treatment is above and beyond the requirements placed on the development, staff recommends a cost share in order to have the improvements completed. 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 authorizes Mayor Jordan to sign a cost share agreement with HFI Fletcher, LLC for additional low impact development measures to help alleviate existing downstream drainage issues on Fletcher Avenue with a refund in an amount not to exceed $16,567.13 to be paid by the City of Fayetteville. City of Fayetteville, Arkansas Page 1 Printed on 211612022 City of Fayetteville Staff Review Form 2022-0069 Legistar File ID 2/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 1/20/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of a cost share agreement with HFI Fletcher LLC in the amount of $16,567.13 for additional low impact development measures to help alleviate existing downstream drainage issues. 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: N/A N/A N/A Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 100,000.00 100,000.00 $ 16,567.13 83,432.87 Previous Ordinance or Resolution # N/A Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 15, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer CITY COUNCIL MEMO DATE: January 20, 2022 SUBJECT: Approval of a cost share agreement with HFI Fletcher LLC in the amount of $16,567.13 for additional low impact development measures to help alleviate existing downstream drainage issues. RECOMMENDATION: Staff recommends approval of a cost share agreement with HFI Fletcher LLC in the amount of $16,567.13 for additional low impact development measures to help alleviate existing downstream drainage issues. BACKGROUND: On May 10, 2021, the City of Fayetteville Planning Commission approved a conditional use permit for Townhome Construction between 310 and 326 N Fletcher Ave. This development was referred to as the Fletcher Ave Townhomes. During this approval process, the City became aware of drainage issues along this section of N Fletcher Ave. Items such as runoff being directly down the sidewalk/retaining wall along Fletcher causing damage, runoff crossing the street and causing damage to foundations along the west side of Fletcher and overall contributing to issues downstream as the runoff enters the historic district. In response, the planning commission placed a condition of approval that the development treat and slow the water flow from any additional impervious area proposed with the new development. DISCUSSION: In discussions with the developer, it was discovered that the plan was conducive to providing considerably more treatment in order to further remediate the drainage issues discussed during the CUP approval process. Staff feels that providing this additional treatment will aid in the downstream drainage issues and is prudent to include with the development. As this treatment is above and beyond the requirements placed on the development, staff is proposing a cost share in order to have the improvements completed. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Similar to other cost share agreements, the developer would be responsible for installing the improvements and the City would reimburse them for the work. For these reasons, staff is recommending approval of the cost share and installation of the drainage features that would otherwise not be required but will help with downstream drainage issues. BUDGET/STAFF IMPACT: This project is funded by the Sales Tax Capital Improvements Fund Attachments: Contractual Agreement for Cost Share Exhibit "A" Site Map Exhibit "B" Vicinity Map Cost Share Breakdown DocuSign Envelope ID: 240A85FA-04Fl-43EF-8FD6-08AC652CB6E3 CONTRACTUAL AGREEMENT FOR COST SHARE OF STREET IMPROVEMENT COSTS This Agreement, made and entered into on this /5� day of Fe2022, by and between the City of Fayetteville, Arkansas ("City") and HFI Fletcher LLC (" ), witnesseth: WHEREAS, HFI is currently constructing a new residential homes along the east side of the 300 block of Fletcher Ave; and WHEREAS, HFI is required to install certain drainage improvements to offset any additional impervious area being added to the lots; and WHEREAS, HFI has committed to installing these required improvements as required at their cost; WHEREAS, the opportunity exists to install additional drainage improvements to help alleviate flooding issues that existed prior to this proposed development: and WHEREAS, the City of Fayetteville Engineering Division recommends a cost share to pay for the additional improvements including additional low impact development to be installed within the right-of-way of N Fletcher Ave and N Summit Ave. NOW, THEREFORE, the City of Fayetteville, Arkansas and HFI agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse HFI for $16,567.13 which represents the cost to install additional infiltration trenches within the right-of-way of Fletcher Ave beginning at the intersection of E Dickson Street and N. Summit Ave and extending approximately 275 feet north and native stone rip -rap within the right-of-way of N Summit Ave adjacent to the development as shown in Exhibit "A", attached. B. Pay for and deliver approximately 107 CY of native stone riprap to be installed by HFI or their contractor. C. Payments due to HFI, 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. HFI 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 approved construction documents and City of Fayetteville requirements for the development. Page 1 of 2 DocuSign Envelope ID: 240A85FA-04Fl-43EF-8FD6-08AC652CB6E3 B. Provide a copy of the invoices from the Contractor upon completion and City approval of the drainage improvements described in Exhibit "A". C. Pay for the drainage improvements (with reimbursement of the amount stated in item 1.A of the cost by the City of Fayetteville). 3. It is further understood that the contract for construction is between HFI and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for HFI. The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount stated in item LA for the drainage improvements within the right-of-way. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: HFI FLETCHER LLC Jordan Hamilton, Authorized Signer ATTEST: DocuSigned by: By: _ [ ;0�1 CITY OF FAYETTEVILLE, ARKANSAS U19A LI AN, Mayor ATTEST: ` RK .1 T�"!i', .G y' Kara Paxton, Cit Clerk FAYt �E 4`I�l Page 2 of 2 NOTE. SEE INDMDUAL SIZE PLANS 470 SF GRAVEL BIORETENTION 463 SF GRAVEL BIORETENTION FOR YARD LANDSCAPING ut PRMACVFENCEANGEN7FY SPRA'ACVFENCEANDENTRV 412SFGAAVELBIORETENRON 4I3 SF GRAVEL BIORETENTION 71111111YILING, TYP BLOCK GATE AT SIDE YARD, TYP GATE, TYP "AINGWALL-CHARCOAL x z CITY OF FAYETiEVILLE ROW Z sa'Bse'66I T 664'I I ' ION BUFFER -=7 yF as° _p.� r-- --- �-- TREE P RESERVA a _ _ IF LLL — — ---——-----[.IN)�tNlMfflULAR I6 I a s Isa I I SHARED PRIVATE DRIVE I i I I I I I I II I II I ______ ; _ ___-__;____ ; ________;-----__ _ 1: 11 I 35fi UTI�T I 352 PPRWNG II y 348 PARKING' L 1 346P344PAAIDNGI I2SI I 25PACES_ II I R 2SPACES I 25PACES jII'I��IyI 11 2SPACES I 2SPA�C�IES I 1 L�1 —W Imo.."°"''4 1403E GRAVEL BIOAEiENiION 6,_0.25_tl28 14OGF114GSFGRA I 1405E GRAVEL BIORETENTION 1425E GRAVEL BIORETENRON 1423E GRAVEL BIORETENTION I 810AETENTION ENTION � BIORETENRON ON I I 356_ 352— "6-p-p14 348 346 ,I''-0• '-0• s 344 342 UNIT TYPE A UNIT TYPE B UNITTYPEC UNITTYPEC UNIT TYPE D UNIT TYPE D 3 BED 3 BED 2 BED 2 BED 3 BED 3 BED L) U 10 � � m PGRTION OF SiNRS OVER30"HOGHT IN O / -- PORTION OF STAIRS OVER 30"HOGHT IN SETBACK SETBACK I /'4Z�ilf?'Pi��C7o NEW p�e��1, a�.,ew�wn se�llcz.aavelel �1�```�` I I� m O —11" HOPE CULVERTWITH MIN V OF COVER, PLASTIC END SEC11ON5 WITH 6" CONCRETE BAND PER COP STANDARD DETNLS �CONCRETE DRIVEWAY-11TY OF FAVETIEYILLE-CW4 flintlock 128 ELaiaW Fayetteville AR 72701 T 479.305.4807 s�� FLETCHER TOWNHOUSES FINAL LN 1. 2021 Ll.l LANDSCAPE NOTES 1. CONTRACTOR SHALL CONFIRM THE LOCATION OF ALL UTILITIES PRIOR TO STARTING ANYWORK. THE COMRACTORIS BE POSSIBLE FOR CONTACTING ARIANEAS ONE -GALL TO CONFIRM ALL UTLMES. 2. ALL PUNTS MUST BE HEALTHY, VIGOROUS AND FREE OF PESTS AND DISEASE 1. STANDARDS SET FORTH IN'AMERICAN STANDARD FOR NURSERY STOCK" REPRESENT GUIDELINE SPECHRCATONS ONLY AND SHALL CONSTTIHE MINIMUM QLALTY REQUIREMENTS FOR PUNT MATERIAL. 4. ALL PUNTS MUST BE CONTAINER GROWN OR BALLED AND BURIAPPED AS INDICATED ON THE PUNT UM. 5. ALL REQUIRED iPEES SHALL 8E2'MINIMUM CALIPMWITHASINGLE DOMINATE CENTRAL LEADER MULTI{UDEBED TREES WILL NOT 8E ACCEPTABLE WTHOUT PRIOR APPROVAL FROM URBAN FORESTRY. 6. ALL TREES MUST BE STRAIGHT MUNNED AND FULL HEADED, UNLESS SPECIFIED OTHERWISE, AND MUST MEET ALL REQUIREMENTS SPECIFIED ON PUNS. ]. ALLTiEES AND SHPU855HALL BE INSTALLED PER STANDARD CRY OF UYEffENLLE PUNTING DETAILS. B. ALL PLANTS ARE BUBJEGT TO THE APPROVAL OF THE LANDSCAPE ARCHITECT BEFORE, DURING, ANDAFTER CONSTRUCNON. 9. ALLPLANNNGAHFAS MUST BE COMPLETELY MULCHED WITH A 4" LAYER OF ORGANIC HARDWOOD MULCH. MULCH SHALL NOT BE PLACED IMMESATELYADJACENFTOMEE TRUNKS, BUT SHALL BE KEPTAT LEAST3- FROM ROOT COLLAR AT THE SOIL NNE 10. ALL PROPOSED PLANING AREAS COVERED BY GRABS SHALL HAVE THE SOD COMPLETELY REMOVED BEFORE PLAMMG SEGINE. 11. ALL PLANNNG BEES SHALL BE CONTAINED BY EDGING MATERIAL OTHERTHANVEGEDAHON. 12. PRIORTO CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL UNDERGROUND UTILITIES AND ERALL AVOID DAMAGE TO ALL UTILITIES DURING ME COURSE OF ME WORK. ME COMRAC'TOR Is RESPONSIBLE FOR REPAIRING AMC AND ALL DAMAGE TO UNUNES, STRUCTURES, SITE APPURTENANCES, ETC. WHICH OCCURGAS A RESULT OFTHE LANDSCAPE CONSTRUCTION AT NO COUTOTHE OWNER. 13. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL OUANNNES SHOWN ON THESE PLANS BEFORE PRICING THE WORK. 14. THE CONTRACTOR IS RESPONSIBLE FOR FULLY MAINTAINING ALL PLANTING MATERAL (INCLUDING BUT NOT LIMITED TO'. WATERING, SPRAYING, MULCHING, FERTU➢NG, ETC.) IN ALL PUNTING APUSANU LAWN AREAS UNTIL THE WORT( ISACCEPTED IN TOTAL BYTHE OWNER. 15. THE CONTRACTOR SHALL COMPLETELY GUARANTEE ALL PLANT MATERIAL FORA PERIOD OF ONE (1)YEAR BEGINNING ONTiEDATE OF TOTAL ACCEPTANCE ME COMPACTOR SHALL PROMPTLY MAKE ALL REPLACEMENTS GET REORAT THE END OFTHE GUARANTEE PERIOD. 16. ANY PUNT MATERALWHICH DIES, TURNS BROWN, OP DEFOLATES (PNORTO TOTALACCEPTANCE OF TiEWOPI ) SHALL BE PROMPTLY REMOVED FROM THE SITE AND REPLACED WITH MATERIAL OF THE SAME SPECIES, QUANTITY, AND SQE ANO MEETNGALL PUNT LIST SPECIFICATIONS. 17. NIFTY LANDSCAPEANCHITECT OR DESIGNATED REPRESENTATIVE OFANI LAYOUT DISCREPANCIES MORTIS ANY PLANTING. LOCATE ALL UTILITIES AND SITE LIGHTING CONDUIT -FORE CONSTRUCTION BEGINS. 18. ALL IN DREG AREAS BRALL BE SEELES WITH A GRASS SEED MIX CONSISTING OF 70% TUBE TYPE FESCUE, 20% PERENNIAL RYE. AND 10% BERMUDA GRASS AT POUNDS PER 1,ON FEET. 19. GoHTRACTOR SHALL PROVIDE DRIP INNGATION SYSTEM TO ALL PLANT MATERWLS. CONTRACTOR IS TO SUBMIT SHOP DRAMNGS OF IRRIGATION ClBTEM DESIGN FOR LANDSCAPE ARCMTEC'T REVIEW AND APPROVAL PRIOR TO INSTALLATION OF CIBTEM. 20. MAINTENANCE: THE CURRENT OWNER OF THE PROPERTY SHALL BE RESPONSIBLE FOP THE ONGOING MAINTENANCE OF REQUIRED LANDSCAPING. 21. LIVING MATERIAL, SUCH AS LAWN, GRASS OR HERBACEOUS GROUNDCOVERE LIKE JUNIPER OR URIOPE, ETC., SHALL COVER MINIMUM OF EIGHTY PERCENT OFTHE PLANING ISLANDS. ONE HUNDRED PERCENT OF LIVING MATERIALS IS STRONGLYENCOURAGES. 22. PEP LACEMENTUNDSCAPING'. REQUIRED LANDSCAPING MAT DIES OR IS DAMAGED SUALL BE REMOVED AND REPLACED BY THE CUPPENTOWNER OF THE PROPERTY. ME OWNER SHALL HAVE 60 DAYS FROM ME RECEIPT OF WRITTEN NOTICE ISSUED BY THE CRY TO REMOVE AND REPLACE ANY REOU GED LANDSCAPING THAT DIES OR IS DAMAGED. 23. THREE N)YFAR MAINTENANCE SUFMY SHALL BE DEPOSITED FOR EACH REQUIRED SMEETAND MMGATON MEE. 24. ANY STRUCTURAL SOIL REQUIRED MUST BE INDICATED ON PLAN, HAVE CEPTIRED DOCUMENTATION, AND BE INSPECTED BY URBAN FORESTER AT TIME OF INSTALLATION. 25. MAINTAIN 5' MIN HOPQOMAL SEPARATION BETNEENTAEE PLANTINGS AND TRUDY LINES. 26. ALL PUNTING DETAILS ARE ACCORDING TO THE CRY OF UYETENLLE LANDSCAPE MANUAL. 27. TREES SHALL NOT BE TOPPED AT ANY TIME AND PROPER TREE PRUNING TECHNIQUES AS ECTABUSHED BY ME LATEST M ONOFANBIA300"GTANDARDBFORMEECARE" SHALL BE MITI FOR MAINTENANCE PURPOSES. 28. HEALTHY THESE SHALL NOT BE REMOVES AT ANYTIME AND PROPER THEE PRUNING TECHNIQUES AS ESTABLISHED BY THELATESTEDMONOFTHEANSIA300 "STANDARDSFORTBEECARE SHALL BE UNUSED FOR MAINTENANCE PURPOSES. i NYTSKIMIN L_ r / 5 PRIVACY FENCE & GATE L3.1 ALE. 11 -11' 4%4 PRESRURETRUTED POST 8 A LAP ANM 2' WITH V CUT OFFTG REMOVE COG FAG * P]WHED OUT �G E 2%A MESST. TREATED MCSSRAIL HOAOLED STEEL PLA TE METALSTANE n' P`T NI -6" / NGES ARCS 6 RAOIISHAIRE FILERMAGION SE 4 4 1 PRIVACY FENCE - ELEVATION L3.1 GULL. 1rz•-R g STEEL EDGING L3.1 scuE 1 1' 2 LECTNCAL TRANSFORMER, WAL CHAPCCA ETE PLATFORM RAGE WAIT - cOALNIN6 ELECTRICA`ET-RFNER R-nablMl nprRrmanNavNnr EASE 9 ELECTRICAL PAD - PLAN �� L3.1 Elm=1•-0• ! n I ELECTRICAL PAD - ELEVATION � L3.1 J scAE� 1m = ra 4 I I I I I EST PS IN MOM coxrAMD UTINcs LEADRA I I RAGING GUIREEQ eYEUGDNG HILLSSELCSLOPE wALKAEMANs I�- APPPOAMATELOCATION OF OVERHEAD POE N IILSOMP (POS N G-A .1 OR RECIRDS I I 6E0 FARGWEIAS, PENDING RING AND COST SHARE 8-MDE SIDEWALK UlWIMP bCT GBY OF FAYETTENLIE QEMLOPMEMswALL r-D• s 16%.ID SOPEYARDATGNMYAL(� O O, O4 53MPE CESsslNss4Wifn FouA4"Purnc _ HATNEMaSSIMERIMA'S M 1 1= =1 BE0.-SUE,3.IGMEGLOPE 4 PERMLATFGWAEDPIPEPONFILOLBATTHEDUR PAREG III III I- v / oz flintlock ucxnccr .. jqu r.v..c 128 ELaiayene Fayetteville AR 72701 T 479.305.4807 NLYIF NB:EtSAPVANOAS OIBEMES �a ORSUG 4 VEE INUH DGMOEME GTRUCTURAL ROOT L REWPHIN 3'AOFNPLANNING. GRADE To NA e€ PINE NEEDLE EMRAW MMCHI- UEM TREE PIT TOPs01L SAGUILL III SGANFYSID-FTHEE FIT I-III=11I-11 p =III=III=11I� I11=III=11171 II-III�III �II�I��II=�III�111�1��11=111111�1�I=11�- AGR,DE IN. ALL ALL SIDES 1 `TREE PLANTING DETAIL L-3.1 s ALL. xrs ,'A DR ASPER RAFER TO PLARTIING RUN GN Po e sues/ReNsbns %NE6'PEFMW-HSRI ev PIANTINGSOILI2 DEEP 2 OAOS21 1-:2 SEE 4 DEEP GAUGER BIDS HAS "W" PIT % BE AGUAL TO DEPTH OF GOOT CALL aALL URIFYBOrrOMOF 2 SHRUB + ORNAMENTAL GRASS PLANTING DETAIL L-3.1 SCALE Ms agrAr,co„ eMMw n.:.. w RIM OR LAF"' HIVE STMw AS PER SOHOULL.E DUTCH DEEP FLETCHER /, - TOWNHOUSES LANS STAGGEREDED ENNwT o ,az A'L \ PE-T SET GROUNDCOVER PLANTING L-3.1 sULE NTs cHEc%ED 11. LANDSCAPE & MIN2•DEEPNATNESTONEPFA SITE DETAILS AAVECASAMPSCREQUIERFOR AACHIT TAPPmVAL FINAL MNGDEEP WASHEQLLTERROCK JuM 1. 2021 0 APMDVEDGEQTEAIE 4 L PEA GRAVEL PATIO L3.1 L3.1 ALL. TO-ra' Fletcher Ave Cost Share 1/25/2022, 2:23:31 PM 1:4,514 Areas Override 1 0.0375 0.075 0.15 mi 0.05 0.1 0.2 km The data contained hereinwas compiled from various sources forthe sole use and benefit of tie City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the dab by anyone other than he City of Fayetevile is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this dab. The City of Fayetteville makes no express orimplied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to wave that tort immunity set forth under Arkansas law. Treatment Provided in Fletcher R.O.W. Current Proposed public usage by Developer Treatment above requirement Total Area of Swale Item Swale Haul Off Swale Grading and Prep Labor Additional Cost of Weir Sidewalk Filter strip planting in Fletcher ROW swale Architecture / Engineering Native Stone Rip Rap 4"-6" size Material Fletcher Ave Devleopment Cost Share 2253.42 CF 555.2 CF 24.6% 1698.22 CF 75.4% 2140 SF Quantity Cost/Unit Type Quantity Installed CY 160.5 $ 15.63 $ Unit 1 $ Unit 10 $ 750.00 $ Unit 200 $ 10.00 $ % 8% $ CY 107 $ City Snare Private Snare Total Cost (75.4%) (24.6%) Comments 2,507.81 $ 1,889.94 $ 617.88 9,450.00 $ 7,121.70 $ 2,328.30 7,500.00 $ 5,652.14 $ 1,847.86 2,000.00 $ 1,507.24 $ 492.76 1,716.63 $ 1,293.68 $ 422.94 8% of total cost of improvements 3,643.00 $ 2,745.43 $ 897.57 Total Cost of Improvements $ 26,817.44 $ 20,210.13 $ 6,607.31 $ 3,643.00 Materials Provided By City Total Paid by City $ 16,567.13 Total Paid by Developer $ 6,607.31