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HomeMy WebLinkAbout193-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 193-22 File Number: 2022-0761 OLD MISSOURI LAND DEVELOPMENT, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH OLD MISSOURI LAND DEVELOPMENT, LLC FOR TRAIL IMPROVEMENTS ALONG THE EAST SIDE OF OLD MISSOURI ROAD NEAR THE ROLLING HILLS DRIVE INTERSECTION WITH A REFUND IN AN ESTIMATED AMOUNT OF $58,533.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00 WHEREAS, Old Missouri Land Development, LLC is developing property located on the east side of Old Missouri Road near the intersection of Rolling Hills Drive; and WHEREAS, the developer is required by the Master Street Plan to construct an 8-foot-wide sidewalk along their frontage of Old Missouri Road; and WHEREAS, the Active Transportation Plan shows a shared use paved trail to be constructed along the east side of Old Missouri Road along the frontage of this development andstaff has requested that the developer include an additional 4 feet of concrete to expand the 8-foot-wide sidewalk to a 12-foot trail; and WHEREAS, the additional cost of the trail, including widened crosswalks and additional property dedication, totals $58,533.00 and exceeds the rough proportionality of the development's impact so the City agrees to provide the additional funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 1 Printed on 917122 Resolution: 193-22 File Number.- 2022-0761 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a cost share agreement with Old Missouri Land Development, LLC for trail improvements along the east side of Old Missouri Road near the intersection of Rolling Hills Drive, with a refund in an amount not to exceed $58,533.00 to be paid by the City of Fayetteville, and further approves a project contingency in the amount of $6,000.00. PASSED and APPROVED on 9/6/2022 Attest: �t`���FKy� }TRE►���,. f: YETrtEVILI.i. Kara Paxton, City Clerk Treasurer• Af Page 2 Printed on 917122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0761 Agenda Date: 9/6/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 OLD MISSOURI LAND DEVELOPMENT, LLC: A RESOLUTION TO APPROVE A COST SHARE AGREEMENT WITH OLD MISSOURI LAND DEVELOPMENT, LLC FOR TRAIL IMPROVEMENTS ALONG THE EAST SIDE OF OLD MISSOURI ROAD NEAR THE ROLLING HILLS DRIVE INTERSECTION WITH A REFUND IN AN ESTIMATED AMOUNT OF $58,533.00 TO BE PAID BY THE CITY OF FAYETTEVILLE, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,000.00 WHEREAS, Old Missouri Land Development, LLC is developing property located on the east side of Old Missouri Road near the intersection of Rolling Hills Drive; and WHEREAS, the developer is required by the Master Street Plan to construct an 8-foot-wide sidewalk along their frontage of Old Missouri Road; and WHEREAS, the Active Transportation Plan shows a shared use paved trail to be constructed along the east side of Old Missouri Road along the frontage of this development andstaff has requested that the developer include an additional 4 feet of concrete to expand the 8-foot-wide sidewalk to a 12-foot trail; and WHEREAS, the additional cost of the trail, including widened crosswalks and additional property dedication, totals $58,533.00 and exceeds the rough proportionality of the development's impact so the City agrees to provide the additional funding. 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 Old Missouri Land Development, LLC for trail improvements along the east side of Old Missouri Road near the intersection of Rolling Hills Drive, with a refund in an amount not to exceed $58,533.00 to be paid by the City of Fayetteville, and further approves a project contingency in the amount of $6,000.00. City of Fayetteville, Arkansas Page 1 Printed on 91712022 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2022-0761 Legistar File ID September, 6th 2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/17/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a cost share with Old Missouri Land Development, LLC to pay $58,533.00 for trail improvements along the east side of Old Missouri Rd. near the intersection of Rolling Hills Dr. and approve contingency in the amount of $6,000.00. Li/IdE:iiI�lE:�:�►ZiII.�:�il:][iI� Account Number 02116.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Sales Tax Capital Improvement Fund Fund Cost Share/ROW/Intersection/Street Calming Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 660, 742.00 $ 298,565.00 $ 362,177.00 $ 64,533.00 297, 644.00 V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 6TH, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Matt Mihalevich, Active Transportation Manager, Engineering Division DATE: August 16, 2022 SUBJECT: 2022-0761 - Cost Share with Old Missouri Land Development, LLC for trail improvements along Old Missouri Road. RECOMMENDATION: Staff recommends approval of a cost share with Old Missouri Land Development, LLC to pay $58,533.00 for trail improvements along the east side of Old Missouri Rd. near the intersection of Rolling Hills Dr. and approve contingency in the amount of $6,000.00. BACKGROUND: In May of 2022, the Planning Commission approved LSD-2022-0012: Stage Station. The Active Transportation Plan shows a shared use paved trail to be constructed along the east side of Old Missouri Rd. along the frontage of this development. The developer is required by the Master Street Plan to construct an 8-foot-wide sidewalk along their frontage of Old Missouri Road. To create the 12-foot wide shared use trail, staff has requested that the developer include an additional 4 feet of concrete to expand the 8-foot-wide sidewalk to 12-foot-wide trail. The cost to widen the sidewalk, include widened crosswalks and additional property totals $58,533. The trail improvements exceed the rough proportionality of the development project so city funding would be applied by this cost share to close the funding gap and construct the trail. DISCUSSION: To work toward completing this important trail connection over time, it is essential that the portion of trail improvements are constructed as adjacent development occurs along the route. With this proposed cost -share, a 12-foot wide shared use paved trail will be constructed to provide safe passage of trail users in pursuit of the City's goals to support users of all ages and all abilities. BUDGET/STAFF IMPACT: This cost share is funded by the Sales Tax Capital Improvements Fund for Cost Shares. Attachments: Cost Share Agreement with Old Missouri Land Development, LLC Exhibit "A" Trail Plan May 5t", 2022 Letter from Jorgenson + Associates Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CONTRACTUAL AGREEMENT FOR COST SHARE OF TRAIL IMPROVEMENT COSTS This Agreement, made and entered into on this day of between the City of Fayetteville, Arkansas ("City") and Phil Crabtree Missouri Land Development, LLC ("Owner"), witnesseth: 2022, by and as agent for owner, Old WHEREAS, Owner has proposed a new residential development, approved along Old Missouri Road between Rolling Hills and Old Wire Roads, and WHEREAS, the _Owner_ is required to construct 8-foot-wide sidewalk on Old Missouri Road's eastern right-of-way valued at $64,750, and WHEREAS, the Active Transportation Plan identifies a 12-foot-wide trail be constructed along Old Missouri Road, and WHEREAS, trail improvements, which exceed the rough proportionality of impact of the project are necessary along the Old Missouri Road property frontage to comply with the Active Transportation Plan. WHEREAS, _Owner_ has committed to constructing a 12-foot wide trail according to the City standard for trail construction along their Old Missouri Road. property frontage and provide the necessary land property to locate the trail in a location that will save numerous pine trees, and WHEREAS, the City of Fayetteville Engineering Division recommends the trail improvements, which exceed the rough proportionality of impact from the development be funded by means of a cost share. NOW, THEREFORE, the City of Fayetteville, Arkansas and Owner_ agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse Owner for $58,533 which represents the cost for land and 4 additional feet of concrete to install approximately 985 linear feet of 12-foot concrete trail according to the City trail standard detail, including erosion control, excavation, 2' of select fill with 1 foot overbuild on each side, 4" class 7 base with 1 foot overbuild on each side, 4" concrete trail with fiber reinforcement, fine grading, sod mow strip, conduit, colored concrete crosswalk, signage and thermoplastic for crosswalk along Old Missouri Road. as shown in Exhibit "A", attached. B. Payments due to _Owner_, 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. Pagel of 2 2. —Owner_ 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 h :// .f etteville-ar. ov/445/En ineerin - Soecs-Details B. Provide a copy of the invoices from the Contractor upon completion and City approval of the trail improvements described in Exhibit "A". C. Pay for the trail improvements with a not to exceed reimbursement of $58,533 of the cost by the City of Fayetteville. It is further understood that the contract for construction is between Owner and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for —Owner—. The City's only obligation shal i be to participate in a contractual agreement with a not -to -exceed amount of $58,533 for the associated trail improvements. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: PO BOX 8878 Fayetteville, AR 72703 Old Missouri Land Development, LLC By:,�,L D! issouri Land Development LLC, President ATTEST: s By: Clay Morton, 8/10/22 CITY OF FAYETTEVILLE, ARKANSAS By:, LD JOR*N, Mayor ATTEST: t'`s��c►►sf►►►►�►► ,gye, KIrR•�4 &I y ox, - G���. .r By: Kara Paxton, City ClerkT�,� 17VlLl:r.; CO •i- `O'[ j Page 2 of 2 4 z m U — W d _ N r y J S O U' Z x pUNK- F+.coocsw�e N�\GNgpPPpp l III i PROJECT TITLE: STAGE STATION J O RG E N S E N Fa t sidle. AR Drive, suite 5 LOCATION: E: CO T SHARE AR Fayetteville. Alz 72703 SHEET TITLE: COST SHARE AGREEMENT EXHIBIT'A' � +ASSOCIATES Office:479.442.9127 DRAWN BY:BWJ w www.jorgensenassoc.com SHEET SCALE: NTS Civil Engineering + Surveying Established 1985 DATE: 8.15.22 PROJECT FILE: ZASubdivisions\2021181 - Stage\dwg\Stage-LSD.dwg JORGENSEN +ASSOCIATES vCivil Engineering - Surveying May 5, 2022 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72703 CoF Job # 2022-0012 J+A Job #2021161 Attn: Planning Re: Stage Station LSD -Trail Cost Share To whom it may concern; 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www.iorgensenassoc.com Established 1985 In regards to the Stage Station multi -use trail, we are kindly seeking a cost share for this project. This collaboration would bring a much needed trail along Old Missouri and by participating in the cost share, we will be able to move the trail outside the right-of-way, donate some land, and save numerous pine trees. Our proposal is to build the 12' trail with this project, wherein we would normally have to build an 8' sidewalk as per the MPS, and we are asking the city contribute 4' of extra sidewalk along with signage/striping and the donated ROW. Our estimate for this work is as follows: Developer's responsibility: 8' wide trail, 985 LF = 875 SY x $74/SY = $64,750 City's responsibility: 4' wide cost share, 985 If = 437 SY x $74/SY = $32,338 8,217 SF (0.188 ac) of land donated for the trail @ $86,146/ac = $16,195 Thermoplastic, Colored Concrete and Signage: $10,000 Total: $58,533 Total amount we are requesting the city to cost share = $58,533 We look forward to working with the city to make this a successful project. Sincerely; �6 Jae Jorgensen, P.E.