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Home My WebLink AboutOrdinance 4270Aa- 0 ORDINANCE NO. 4270A AN ORDINANCE APPROVING A COST SHARE AGREEMENT WITH MCDONALD'S CORPORATION IN THE AMOUNT OF $90,015 FOR THE DESIGN AND WIDENING OF A PORTION OF JOYCE BOULEVARD AND DRAINAGE IMPROVEMENTS; AND WAIVING THE REQUIREMENTS OF COMPETITIVE BIDDING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That a cost share agreement with the McDonald's Corporation is hereby approved in the amount of $90,015 for the design and widening of approximately 400 feet of Joyce Boulevard and the installation of approximately 520 feet of 48' storm pipe along the widened portion of Joyce Boulevard and across Mall Lane. A copy of the cost share agreement is attached hereto as Exhibit "A" and made a part hereof. Section 2. That the City Council hereby waives the requirements of competitive bidding for the street widening and the drainage improvements along Joyce Boulevard that the City hereby agrees to cost -share in, for the reason that said requirements are neither practical nor feasible. The street widening and drainage improvements to be performed by McDonald's Corporation will leave a gap between the new improvements and existing improvements. For uniformity and safety, McDonald's Corporation will extend the new improvements providing all labor, materials, and equipment. D APPROVED this 5th day of September , 2000. APPROVED: By: Fred Hanna, Mayor 1 , • • r� � c � � � � �� AUr, 9 5 2000 EX Fayetteville, AR NEC ]oym Blvd/Mall Lane Blvd — — — — — — — — — — — LC: 003-0136 Agreement This shall serve as a formal agreement between the McDonald's Corporation ("McDonald's"), the developers of the McDonald's Restaurant to be located at the northeast corner of the Joyce Street and Mall Lane intersection in Fayetteville, Arkansas, and the City of Fayetteville ("City") in order for the City of Fayetteville to participate in a cost share to widen Joyce Street and install a storm sewer line from Simmons Bank to the west side of Mall Lane. The City agrees to pay the actual documented construction costs and Engineering Costs for the aforementioned construction pursuant to the plan attached hereto as Exhibit "A" and made a part hereof up to a maximum City cost of $90,015.00 as was estimated by McDonald's and pursuant to the estimate as attached hereto as Exhibit `B" ("Estimate"). McDonald's agrees to provide the necessary and normal project management, inspection and testing as necessary for a complete and accepted storm sewer line and appurtenances. It is understood that the contract for construction is between McDonald's and their contractor and engineer and that the City has no contractual obligation with either the contractor or engineer. The City's only obligation shall be to participate in a cost share, with McDonald's pursuant to the terms of the Agreement, said costs not-to-exceed the amount of $90,015.00 pursuant to the Estimate. If the future and actual bid prices exceed the Estimate, the cost-share agreement shall be re-evaluated and re-approved by the Mayor and/or City Council as appropriate prior to construction. Said re-evaluation by the City shall be heard at the next available City Council meeting following submittal of the actual bid prices. It is further understood that upon acceptance of the storm sewer line extension, McDonald's will provide to the City, a copy of any and all invoices(s) from the contractor and/or engineer and a completed lien waiver executed by the contractor. The City shall make payment to McDonald's within thirty (30) days after receipt of said invoices(s). This is a request for approval of a cost share only. The Mayor and/or City Council will not consider the proposed cost share for approval without a formal agreement signed in advance by an authorized representative of your company. This Agreement is contingent upon the City, by way of the City Council, hearing the presentation for this project on September 6, 2000. The City will support the efforts of McDonald's to complete the storm sewer line extension, and not unduly delay the work through the permitting or inspection process. McDonald's shall not proceed with the proposed construction extension unless/until the proposed costs share is approved by the Mayor and/or City Council and the signed agreement is furnished to McDonald's. If you agree with these provisions, please sign the three original agreements in the space provided and return to the City or your Engineer. Should you need any additional information please call Ron Petrie at (501) 575-8206. Aa h1w, Approed City of Fayetteville McDonald's Co oration Authorized Representative Fred Hannaaa, Myor Date Date S:VSO\DeptV<ga]WSLEGAL\®dwestbklaho=\003-0136\Ag==nt -draft r - 8-8-00.dw 9; !111 Iz gag Z4 07 lit CF tj L I i ril . I y � I rn I �_ I i G I1 t ? Ul3 , l. AREA #1 : Location: Area east of the proposed McDonald's site. Scope of work: Install new 48" RCP storm sewer pipe. Demolish and remove existing curb and gutter and widen/Joyce Blvd. Estimate: STORM PIPE Approx. 2091f of 48" RCP @ $ 175.00/ If = $36,575.00 Install manhole at exist. Curb inlet =$1 ,800.00 Sub Total: _ $ 38,375.00 ( 13%) G.C. OH&P = $49988.00 ----------------- TOTAL = $ 43,363.00 STREET WIDENING Soil cut: _ $1,600.00 Soil stabilization: _ $3,500.00 Grading: _ $1 ,000.00 Curb & Gutter 1831f @ $ 14/1f = $2,562.00 Asphalt : 2091f x 15' = 3,135 sf/ 9sf = 349 sy 349sy @ $ 15/sy = $59235.00 Curb and gutter demolition/ removal = $300.00 Sub Total: _ $ 14,197.00 (13%)G.C. OH&P = $ 1 ,846.00 ----------------- TOTAL = $ 16,043.00 AREA #3: Location: Mall Ave Scope of work: Install new 48" RCP Storm sewer pipe. Remove existing 18" RCP pipe. Remove 6' wide and 65' area of asphalt. Repave 6' wide and 65 long area of asphalt per city spec. Estimate: STORM PIPE Approx. 65 If of 48" RCP @ $ 175.00/If = $ 11 ,375.00 Remove 6' wide and 65 long area of asphalt = $ 1 ,000.00 Install 20 if of curb & gutter at Mall Ave. 201f @ $ 14/If = $ 280.00 Install 65' long and 6' wide asphalt area 65 x 6 = 390 sf/9sf = 43 sy @ $14/sy = $ 607.00 Sub Total: _ $ 139262.00 ( 1390) G.C. OH&P = $ 11724.00 ----------------------- TOTAL = $ 14,986.00 Engineer's services for Area #1 and Area #3. _ $7,439.20 GRAND TOTAL: _ $81,831.20 Disclaimer: This is an estimate only provided by McDonald's Corporation with limited information available. This is only an estimate. Grand Total $81 ,831 .20 Agreement between McDonald' s and City contains a 10% contingency 8, 183 . 80 Agreed upon total $90,015,00 Exhibit "B" 08/17 / 00 12 : 28 FA% 405 945 1243 McDONALV SORC Z002 /002 Front lien Aprirre Ferc +1(401379.0221 To: KA9 Fu0ertm Fra (406)895-1zi3 *P 2- of2 ThursAey, Augry117. 2000 M12 PM AREA # 2: Location: Area di ectly in front of IVICDonaid's property along Joyce Blvd. Scope of Wark: lnstall new 48" RCP storm sower pip,_ Demolish and remove existing curb & gutter and widen Joyce Blvd. Estimate: STORM PIPE Approx. 2071£ of RCP @ $175.00/lf = 3363225.00 Install manholes (2) at oast. Curb inlet = $ 37600.00 Sub Total: _ $39,825.00 (131/6) G.C. OI3&p = $5,177.00 TOTAL: _ $ 45,002.00 STREET WIDENING Soil Cut: _ $17600.00 Soil Stabilization: = $4,000.00 Grading; - $I,000.00 Garb & Gutter 130 If@ $14/if = $1,820.00 Asphalt 2071f 15' = 3,105 sf/9sf t 345sy 345sy @ $15/sy - $5,175.00 Curb & Gutter demo/removal = $300.00 Sub Total: _ $13,895.00 (13%) G.C. OR&p = $1,806.00 TOTAL: = $159701.00 Engineering Fees for Area 2 = $3,061 .00 GRAND TOTAL: = $63,764.00 � "d Disclaimer, This is an estimate only provided by McDonald's corporation with limited information available. This is only an estimate. i VIGINITY MAP G . ORTHWES 0 _ q ARKANSAS PLAZA E II 3 RNS ST% =. ® 'tr---- % STEARNS It i ... It II It �P IIt t II x VC/C I I s BOUIE�IR o i. FAYETTEVILLE ARKANSAS /NORTH - = - L - - 6 _ IY /MALL l4NE � I I _ ROPOSED 10'-0 5µD ER EVEN! i i Iz x R5'_0• i Z I rl 1 NO e J I C \ I 1208 NAME OF FILE: �i�`�`U//C� /U� • % /� 7� CROSS REFERENCE: Date Contents of File Initials In-;?n- ty)l FAYETTEY&LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mr. Fred Hanna, Mayor Thru: Charles Venable, PW Director Jim Beavers, City Engineer A From: Ron Petrie, Staff Engineer 49 Date: August 18, 2000 Re: Proposed Cost-Share in the amount of $90,015 .00 with McDonald's Incorporated for the widening of Joyce Boulevard and the installation of a storm pipe from Simmon's Bank to the west side of Mall Lane. A McDonald's Restaurant was approved at the July 24, 2000 Planning Commission Meeting to be located at the northeast corner of the Joyce Boulevard/ Mall Lane intersection. To be consistent with previous approved projects along Joyce Boulevard, McDonalds was required to widen Joyce Boulevard approximately 12 feet and construct a 48" storm pipe along the project frontage. If this required widening was constructed, a narrow gap of approximately 183 feet from the east side of the McDonald's site to the west side of the Simmon's Bank development would remain. It is the Engineering Division's recommendation that this portion of Joyce Boulevard be widened at the same time as the portion adjacent to the McDonald's development is widened in order to alleviate this gap. Therefore, upon the recommendation of the Engineering Division, the City is requested to cost- share with McDonald' s to widen approximately 400 feet of Joyce Boulevard and extend a 48" storm pipe approximately 520 feet from the Simmon's Bank development to the west side of Mall Lane. The McDonald's Corporation has estimated the costs (with a 10% contingency) for this construction to be as follows: City $ 90,015 .00 Developer $ 705140.00 Total $ 160, 155 .00 Based upon the information provided by the Budget & Research Division, there is a remaining balance of $396, 184.00 in the Street and Drainage Improvement Cost Share Accounts. Mayor Fred Hanna August 18, 2000 Page Two (2) The final costs to the City will be based upon actual costs as documented by the McDonald's Corporation subject to review by the City and may, or may not exceed the Developer's estimate. However, the City's share will not exceed the estimated costs without additional authorization. Enclosures: Vicinity Map Construction Drawing Cost-Share Agreement & Cost Estimates from McDonald's Corporation Purchase Requisition Vendor Request Form • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of September 5, 2000 FROM: Ron Petrie Engineering Public Works Name Division Denartment ACTION REQUIRED: Approval of a cost share and bid waiver in the amount of $90,015 .00 with the McDonald's Corporation for the design & widening of approximately 400 feet of Joyce Boulevard and the installation of approximately 520 feet of 48" storm pipe along the widened portion of Joyce Boulevard and across Mall Lane. COST TO CITY: S7- $ 19,420.00 (Street) Street Improvements R& U C o 00 (Draina elg_ $ 643.339.00 Draina a Im rovements Cost of this Request Category roject Budget Category roject Name 4470-9470-5809-00 4470-9470-5817-00 $ 247, 155.00 Cost Share Account Number Fun s Used To Date Program Name 98033-0020 97041 -0020 $ 396, 184.00 Sales Tax Project Number Remaining Balance Fund B GET REVIEW: X Budgeted Item _ Budget Adjustment Attached Bu g t Manager Administrative Services Director CONTRACT/GRANT/LEASE REREVIEW: GRANTING AGENCY: T'r /as/ v4 : ca rn es 8(2 a Accou ting Ma 6 er D1/(, Interna A itor Date City Attome Dale ADA Coordinator Date Purchasing Officer Date Grants Coordinator Date STAFF RECOMMENDATION: Approval of cost share and bid waiver in the amount of$90,015.00 for the above described design and construction. lOM os eo Di ion Head e Cross Reference New Item: Yes x No _ Department Director Date Prev Ord/Res #: Administrative Services Director Date Orig Contract Date: Mayor Date Orig Contract Number: • • Page 2 STAFF REVIEW FORM Description Joyce Street Widenine & Drainaee Improvements Cost Share Meeting Date September 5, 2000 Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator FAYETTEVLLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ron Petrie, Engineering From: Heather Woodruff, City Clerk Date: September 12, 2000 Attached is a copy of the ordinance approving a cost share agreement with McDonald's. 1 am also returning two originals. The original will be microfilmed and filed with the City Clerk. Your purchase requisition has been forwarded to the Internal Auditor. • RECEIVED i STATE OF ARKANSAS OCT 242000 County of Washington ss. ACCTG" DENT ORDINANCE NO.4271 AN ORDINANCE APPROVING VA00-7.00 TO VACATE AND ABANDON A PORTION OF THE ALLEY LOCATED AT 25 EAST ROCK STREET, AS RE- QUESTED BY JOHN PHILLIPS IN VA00-7. WHEREAS, the City Council has the authority under A.C.A. §14-54-104 to vacate public grounds or portions thereof which are not required for cor- porate purposes, and WHEREAS, the City Council has determined that the follow- ing described alley is not re- quired for corporate purposes. NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons the fol- lowing described property locat- ed in Washington County, Ar- kansas: See Exhibit "A" attached hereto and made a pan hereof. Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED this 19th day of September, 2000. APPROVED: By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Clerk EXHIBIT LEGAL DESCRIPTION FOR VA00-7 Platted alley being a 10 -foot strip of land located west of Lot 2, Blod 42 in the City of Fayet- teville, Washington County, Ar- kansas, Original Town of Fayet- teville, more particularly descri- bed as follows: Beginning at the southwest corner of said Lot 2 and running thence west 10 feet; thence north 162 feet; thence east 10 feet; thence south 162 feet to the point of beginning. I, JEFF JEFFUS, hereby certify that I am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months and that the said newspaper publishes an average of more than forty percent news matter. I further certify tit the legal notice attached in the nlafter of was published in the regular daily issue of said newspaper for consecutive insertions as follows' / The first insertion on the `'4 • / 7 day of 20 ri{ the second insertion on the day of 20 the third insertion on the day of 20 the fourth insertion on the 0 — u Sher/General Manager Sworn to and subscribed before me My Commission Expires: Fees for Printing................ Cost of Proof................. Total ................... this C9^ �— day of yuh,t., it u of Arkansas ,Notary Public $ $