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HomeMy WebLinkAboutOrdinance 4281 ORDINANCE NO. 4281 AN ORDINANCE APPROVING A COST SHARE AGREEMENT WITH THE DEVELOPERS OF MCILROY PLAZA IN THE AMOUNT OF $38, 135 .00 FOR THE ENLARGEMENT OF A DRAINAGE PIPE ACROSS THE WOODBURY PLACE SUBDIVISION; 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 developers of McIlroy Plaza is hereby approved in the amount of$38, 135 .00 for the enlargement of a drainage pipe across the Woodbury Place Subdivision. A copy of the cost share is attached hereto marked Exhibit A and made a part hereof. Section 2. That the City Council hereby waives the requirements of competitive bidding for the enlargement of the drainage pipe across the Woodbury Place Subdivison for the reason that said requirements are neither practical nor feasible. The developers of McIlroy Plaza are doing work on their project, and to provide continuity, will provide all labor, materials, and equipment on the drainage pipe enlargement. AND APPROVED this 5th day of December , 2000. APPROVED: 1 rJ ft 12T fY' era By: Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City Cl c NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials • • EXHIBIT A �X a�a AGREEMENT This shall serve as a formal agreement between McIlroy Center Joint Venture, the developers of the McIlroy Center to be located at the northeast corner of the Wedington Drive and Salem Road intersection, and the City of Fayetteville in order for the City of Fayetteville to participate in a cost share to install a storm pipe from the north boundary of the development to the north approximately 340 feet across the Woodbury Place Subdivision. The City agrees to pay the actual documented construction costs for the afore mentioned construction up to a maximum City cost of $38, 133.25 as was estimated by the developer's engineer. McIlroy Center Joint Venture agrees to provide the necessary and normal project management, inspection and testing as necessary for a complete and accepted drainage pipe and appurtenances. It is understood that the contract for construction is between the McIlroy Center Joint Venture and their Contractor & Engineer and that the City has no contractual obligation with either the Contractor and Engineer. The City's only obligation shall be to participate in a cost share not-to- exceed amount of $38, 133.25 maximum cost to the City. If the future and actual bid prices exceed the estimate furnished by your Engineer, then the cost- share agreement shall be required to be reevaluated and re-approved by the Mayor and/or City Council as appropriate prior to construction It is further understood that upon acceptance of the drainage pipe extension, McIlroy Center Joint Venture will provide, to the City, a copy of the invoice(s) from the Contractor and a completed lien waiver executed by the Contractor. The City will strive to make payment to McIlroy Center Joint Venture within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. Please note that 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. Please do not proceed with the proposed construction extension unless/until the proposed cost share is approved by the Mayor and/or City Council and the signed agreement furnished to you. If you agree with these provisions, please sign the three original agreements in the space provided and return �r� to the City or your Engineer. Should you need any additional information please call Ron PeOe at�1 )/ 6 > Approved City of Fayetteville McIlroy Center Joint Venture Authorized x Fred Hanna, Mayor Representative - 0 O Date Date —� 0 EXHIBIT A AGREEMENT This shall serve as a formal agreement between McIlroy Center Joint Venture, the developers of the McIlroy Center to be located at the northeast corner of the Wedington Drive and Salem Road intersection, and the City of Fayetteville in order for the City of Fayetteville to participate in a cost share to install a storm pipe from the north boundary of the development to the north approximately 340 feet across the Woodbury Place Subdivision. The City agrees to pay the actual documented construction costs for the afore mentioned construction up to a maximum City cost of $38, 133 .25 as was estimated by the developer' s engineer. McIlroy Center Joint Venture agrees to provide the necessary and normal project management, inspection and testing as necessary for a complete and accepted drainage pipe and appurtenances. It is understood that the contract for construction is between the McIlroy Center Joint Venture and their Contractor & Engineer and that the City has no contractual obligation with either the Contractor and Engineer. The City' s only obligation shall be to participate in a cost share not-to- exceed amount of $38, 133 .25 maximum cost to the City. If the future and actual bid prices exceed the estimate famished by your Engineer, then the cost- share agreement shall be required to be reevaluated and re-approved by the Mayor and/or City Council as appropriate prior to construction It is further understood that upon acceptance of the drainage pipe extension, McIlroy Center Joint Venture will provide, to the City, a copy of the invoice(s) from the Contractor and a completed lien waiver executed by the Contractor. The City will strive to make payment to McIlroy Center Joint Venture within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. Please note that 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. Please do not proceed with the proposed construction extension unless/until the proposed cost share is approved by the Mayor and/or City Council and the signed agreement famished to you. 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 Petr'e at (501 ) 575-8206. Approved City of Fayetteville McIlroy Center Joint Venture Authorized Fred Hanna, Mayor Representative / 9 Il- 1 `� - 0 0 W Date Date 'I 0 EXHIBIT A AGREEMENT This shall serve as a formal agreement between McIlroy Center Joint Venture, the developers of the McIlroy Center to be located at the northeast corner of the Wedington Drive and Salem Road intersection, and the City of Fayetteville in order for the City of Fayetteville to participate in a cost share to install a storm pipe from the north boundary of the development to the north approximately 340 feet across the Woodbury Place Subdivision. The City agrees to pay the actual documented construction costs for the afore mentioned construction up to a maximum City cost of $38, 133 .25 as was estimated by the developer's engineer. McIlroy Center Joint Venture agrees to provide the necessary and normal project management, inspection and testing as necessary for a complete and accepted drainage pipe and appurtenances. It is understood that the contract for construction is between the Mcllroy Center Joint Venture and their Contractor & Engineer and that the City has no contractual obligation with either the Contractor and Engineer. The City's only obligation shall be to participate in a cost share not-to- exceed amount of $38, 133 .25 maximum cost to the City. If the future and actual bid prices exceed the estimate furnished by your Engineer, then the cost- share agreement shall be required to be reevaluated and re-approved by the Mayor and/or City Council as appropriate prior to construction It is further understood that upon acceptance of the drainage pipe extension, McIlroy Center Joint Venture will provide, to the City, a copy of the invoice(s) from the Contractor and a completed lien waiver executed by the Contractor. The City will strive to make payment to McIlroy Center Joint Venture within thirty (30) days after receipt of the invoice(s) but cannot guarantee the thirty day schedule. Please note that 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. Please do not proceed with the proposed construction extension unless/until the proposed cost share is approved by the Mayor and/or City Council and the signed agreement furnished to you. 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. Approved City of Fayetteville McIlroy Center Joint Venture Authorized Fred Hanna, Mayor Representative _ /, wed \ 1— VA - 00 W Date Date D FAYETTEV&LE THE CITY OF FAYETTEVILLE, ARKANSAS To: Mr. Fred Hanna, Mayor Thru: Charles Venable, PW Director(_LCG-Q«� Jim Beavers, City Engineer From: Ron Petrie, Staff Engineer Date: November 20, 2000 Re: Proposed Cost-Share in the amount of $38, 135 .00 with McIlroy Center Joint Venture for the installation of a storm pipe across the Woodbury Place Subdivision. The McIlroy Center Large Scale Development was approved at the June 24, 1999 Planning Commission Meeting to be located at the northeast comer of the Wedington Drive/Salem Road intersection. In conjunction with the Wedington Drive widening project, the Arkansas Highway & Transportation Department installed a 36" storm pipe that discharges storm water at the southeast corner of this site. This storm water presently drains to the north across this proposed site and is intercepted by a 24" storm pipe that runs through the Woodbury Place Subdivision It is the Engineering Division's recommendation that this portion of storm pipe be enlarged to meet city drainage requirments. Therefore, upon the recommendation of the Engineering Division, the City is requested to cost- share with McIlroy Center Joint Venture to enlarge approximately 340 feet of storm pipe across the Woodbury Place Subdivision located to the north of the proposed McIlroy Center. The developer's engineer has estimated the costs (with a 10% contingency) for this construction to be as follows: City $ 38, 135 .00 Developer $ 67130.00 Total $ 44,265 .00 It should be noted that the developer's of the site will be extending the 36" storm pipe approximately 340 feet across their site and will be providing storm water detention to match predevelopment flows from their development in addition to the cost share for the offsite storm pipe installation. 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501 575-8257 Mayor Fred Hanna November 20, 2000 Page Two (2) Based upon the information provided by the Budget & Research Division, there is a remaining balance of $ 198,614.00 in the Miscellaneous Drainage Improvement Account. The final costs to the City will be based upon actual costs as documented by the developer's engineer 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 Crafton, Tull & Associates Purchase Requisition Vendor Request Form !rr, rim 41t mm jo an a coaRt PROJECT LOCATION pimu OR amp VICINITY MAP nts 11 my�yl� s z•aLi 'Jog • ) 8 a rn Y rg ' g 1 i � tl i1 11� oil 61 ;S iJZVe. j, —14- %D 1 - R IIIINN y , A v.,T 'd muN•¢ ussN[Nz —' —.—.— n%ur—L - _ 5 8 - — i ao•. kASM z• c.s pb c[o z Ol•SIK UNE - EO V9 u•Eo • n l \I uswo. za.nbv eN•ao MQ 1 B 0 r yWill e n aro .z R ' yg9 i aaT . � � � 5 R• —,•., sive- - •• . Sm R 4 Aa � � < Lj l ch a 5 a ° ! , , o < H ! il �: ► � � ; ii �� y ; d� ��ed A 5 • � 11 s d' V8 gillAl i9 —C Q0 b'i4 6d ! �•i`, ~ 1 ly- ���G �i 2� i! li��l� �p d o `� iipiilia, ip IN �� a a°°i ° g4 e: 'd• :i'E ° °I° Q 1 � w,.n,m.. :w ...n, .°... p I' S dd If', _ t: ;, `. A k l S. d — — _\ � 2 52i2 2i2d2 lie R9ed0� I lot ide{ . j� ��z � � � I, -" \ � � , •n ° „_ � I �Sp� � 166 � EIILB � f � I $ I tt e.l 1 6 I Ile1 i \ - n „_✓ p7�7� a Q � I I I 1 1 1 1II ul 1 4 ✓ • � I 1 — 1 _ _ _ __� _ I IN y IIIIIIII i Nil 3 � a 1 \d4I g p. . .. . . . is I� 1141 r® 0 If' a E 8 Li I I� 9 }71 '4 ✓ p .i 5 e ISI g5 b l ' I —' 9, fl fl fl l \ i Q6 Of = z g allOf O� / YS = E It ; Ef! di IN I � INS ° dRrJ T �� lIl i l tea' gi,° ' a � � ag / o I � . / �6@ dp'ay� jE dc@R Ati 3C - y y i a gid ° i g di • d6 - id315 a 3 6111 : 1'11 I `t- • \ _ / _ ' - 1� iie Se 11_ - �� I♦ +- • ( . 2�d 7Cd Y3Q I: ddddblSXvd d d ,Y • ( 1�ua MIRRYY]Y 1 ! 1..\f.. ._. �:: .I_................... . . E ... JIILL.4_ - 91 AVM/NJ/H SVSNVN!/V d AVMHJIH SVSNVMMV; 2Rn1 - IN -fill _.�y_ fill ¢ge, 8�d; OCT-11-2000 11 : 05 CRAFTON TULL FAYETTEVILLE 501 442 6966 P , 02/03 Principals • • Associates Danny L. Brown, P.E. Everett L Balk, P.E. Robert M. (MBA) Crefton, P.E. James B. Geurtn, P.E. Thomas E. Hopper. P.E. Al Harris. R.L.S. Kunis J. Jones, P.E. James W. Kooistra, A.I.A. Cline L. Mansur, P.E., R.L.S. Jerry J. Kelso, P.E. R.E. (Gene) Reece, P.E. Kenneth R. Kuras, P.L.S. David Swearingen, A.I.A. P Tom Mansur. P.E. James L. Tull, C.D.A. Robert C. Reece, P.E. Rids G. Rose, P.L.S. Principal Emeritus George G. Strella, P.E., D.E.E. Lemuel H. Tull, P.E Crafton, Tull & Associates, Inc. James P. Swearingen, A.I.A. Bob H. cratton, P.E. Architects, Engineers& Surveyors Richard Wright. R.L.S. Harry G. Gray, P.E. (1941-1997) Mr. Ron Petrie October 6, 2000 City of Fayetteville Engineering Department 113 W. Mountain Fayetteville, AR 72701 Dear Mr, Petrie: On behalf of the owners of the proposed Mcllroy Bank Center, we would like to request that the City of Fayetteville participate in the cost of off-site drainage improvements necessary to construct the development. Attached is a spreadsheet detailing the anticipated costs of the off-site improvements, along with an estimate of the owner's portion of the off-site costs based on the Rational Nexus method as defined in the Subdivision Ordinance of the City of Fayetteville. Should you have any questions regarding this information or require additional information, please feel free to contact us at your earliest convenience. sincerely, (�' Chris Parton, E.I. Attachments Cc. Tom Hopper, CTA Gary Head, Mcllroy Bank Jim Lindsey, Lindsey Mgmt. 2345 N. Green Acres Rd. / Fayetteville, Arkansas 72703 / (501 ) 443-4536 / FAX (501 ) 442-6966 E-mail: cta@craftull.com Website: http://www.craftull.com OCT-11-2000 11 06 CRAFTON TULL FAYETTEVILLE 501 442 6966 P . 03iO3 McIlroy Bank Center Fayetteville, Arkansas Preliminary Estimate of Off-Site Drainage Improvements CTA No. 99057-00 Item No. Work Item Description Unit Quantity Unit Price Extended Cost 1 36" RCP Drainage Pipe, Class 3 LF 308 $55.00 $169940.00 2 36" RCP Drainage Pipe, Class 4 LF 30 $60.00 $ 1 ,800.00 3 Standard 4'x5' Curb Inlet EA 2 $22500.00 $5,000.00 4 Street Repair - 3" Asphalt over 6"Concrete LS 1 $13000.00 $ 10000.00 5 36" RCP Flared End Section EA 1 $ 19000.00 $10000.00 6 Utility Relocation, if necessary LS 1 $10,000.00 $102000.00 7 Remove & Dispose existing 24" RCP LS 1 $2,500.00 $2,500.00 8 Remove & ose existing 4x4' Curb Inl EA 1 2 1 $1 ,000.00 $2,000.00 Total $40,240.00 By Rational Nexus, the following split is determined: McIlroy Drainage Arra: 3.50 Acres Total Drainage Area 25.27 Acres Mcllroy's portion of drainage area 13.85% McIlroy's portion of off-site drainage costs $5,573.41 City's requested portion of offsite drainage costs $349666.59 TOTAL P . 03