HomeMy WebLinkAboutOrdinance 4270A 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
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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
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Disclaimer, This is an estimate only provided by McDonald's corporation with limited information
available. This is only an estimate.
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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.