HomeMy WebLinkAboutOrdinance 5715ORDINANCE NO. 5715
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL
COMPETITIVE BIDDING AND APPROVE A COST -SHARE AGREEMENT
WITH THE WALTON ARTS CENTER FOR THE CONSTRUCTION OF THE
NEW WALTON ARTS CENTER ADMINISTRATIVE HEADQUARTERS
BUILDING
WHEREAS, the construction of the Spring Street Parking Deck requires the removal of
the existing Walton Arts Center Administrative Headquarters Building;
WHEREAS, it is more practical and cost-effective to work cooperatively with the
Walton Arts Center to facilitate the joint construction and expansion of a new Administrative
Headquarters Building;
WHEREAS, the Walton Arts Center has agreed to reimburse the City of Fayetteville for
all costs and expenses of construction and finishing out that exceed the amount the City agrees to
contribute to the project.
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 approves the attached
Cost Share Agreement with the Walton Arts Center for the Walton Arts Center Administrative
Headquarters Building which obligates the City of Fayetteville to pay for construction of the
basement shell structure and to contribute $1,400,000.00 toward construction and finishing out
of the basement, ground floor and second floor offices.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the City of Fayetteville to pay all construction costs for the project and to receive reimbursement
from the Walton Arts Center for any costs and expenses exceeding the amounts the City of
Fayetteville has committed.
Ordinance 5715
Page 2
PASSED and APPROVED this 7th day of October, 2014.
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SONDRA E. SMITH, City Clerk/TreasW�nr„r
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` ---..-- File Number: 2014-0420
Agenda Date: 10/7/2014 Version: 1 Status: Agenda Ready
In Control: City Council
Agenda Number: C. 4
File Type: Resolution
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING
AND APPROVE A COST -SHARE AGREEMENT WITH THE WALTON ARTS CENTER FOR THE
CONSTRUCTION OF THE NEW WALTON ARTS CENTER ADMINISTRATIVE
HEADQUARTERS BUILDING
WHEREAS, the construction of the Spring Street Parking Deck requires the removal of the existing
Walton Arts Center Administrative Headquarters Building;
WHEREAS, it is more practical and cost-effective to work cooperatively with the Walton Arts Center
to facilitate the joint construction and expansion of a new Administrative Headquarters Building;
WHEREAS, the Walton Arts Center has agreed to reimburse the City of Fayetteville for all costs and
expenses of construction and finishing out that exceed the amount the City agrees to contribute to the
project.
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 approves the attached Cost Share Agreement with
the Walton Arts Center for the Walton Arts Center Administrative Headquarters Building which
obligates the City of Fayetteville to pay for construction of the basement shell structure and to contribute
$1,400,000.00 toward construction and finishing out of the basement, ground floor and second floor
offices.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City of
Fayetteville to pay all construction costs for the project and to receive reimbursement from the Walton
Arts Center for any costs and expenses exceeding the amounts the City of Fayetteville has committed.
City of Fayetteville, Arkansas Page 1 Printed on 101912014
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2014-0420
Legistar File ID
10/7/2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/23/2014
Submitted Date
Action Recommendation:
Development Services /
Development Services Department
Division / Department
Approval of a cost share agreement with the Walton Arts Center for reimbursement of construction costs for the
Walton Arts Center Administrative Headquarters in association with the Spring Street Municipal Parking Deck.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance �$ —�
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution # 238-12
Original Contract Number: Approval Date:
Comments: Any budget impact is being recognized within the Baldwin & Shell Contract Amendment No. 2 agenda
item and therefore should not be duplicated with this item.
CITY OF
a ITIqARKANS
MEETING OF OCTOBER 07, 2014
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL AGENDA MEMO
FROM: Jeremy Pate, Development Services Director
DATE: September 23, 2014
SUBJECT: Spring Street Parking Deck -Cost Share Agreement with Walton Arts Center
RECOMMENDATION:
Staff recommends approval of a cost share agreement with the Walton Arts Center, to facilitate
the reimbursement of expenses that are the responsibility of the Walton Arts Center with the
construction of the replacement and expanded Administrative Headquarters office building.
BACKGROUND:
In December of 2012, after considerable discussion and investigation related to locating a new
municipal parking deck in the Dickson Street entertainment area, the City Council selected the
block which contains the Walton Arts Center as the preferred location. Siting the new deck in
this location, at the northwest corner of Spring and School behind the Walton Arts Center
theater building, required the removal of the Administrative Headquarters office building that
housed most of the Walton Arts Center staff. The City agreed to work cooperatively with the
Walton Arts Center to facilitate the joint construction projects — a major Walton Arts Center
expansion and the Municipal Parking Deck — in an effort to minimize disruption and provide
needed cultural arts and entertainment infrastructure in the Dickson Street area. To that end,
the City also agreed to excavate and construct a basement level backstage expansion area for
the WAC's back -of -house functions, and to construct an integrated north liner building with the
parking deck project to replace the office building. During this process, the Walton Arts Center
decided to take the opportunity to expand their facility, at their cost, to meet present and future
needs.
DISCUSSION:
The City already has a contract for excavation and demolition of the existing office building. The
construction contract that is being considered separately with Baldwin & Shell under a
Guaranteed Maximum Price includes both the parking deck and the replacement/expansion of
the WAC Administrative Headquarters office building. This cost share agreement is intended to
document and formalize the process by which the City will pay for all construction costs, and
subsequently be reimbursed by the Walton Arts Center for any costs exceeding what the City
has already committed. Change Orders that impact the cost of the north liner building will be to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the detriment or benefit of the Walton Arts Center; the City has committed a fixed $1,400,000 to
the replacement of the office building space.
BUDGET/STAFF IMPACT:
Funding for this item is being recognized and appropriated within Contract Amendment No. 2
with Baldwin & Shell, which is a separate agenda item. The City is committing a fixed
$1,400,000 to the cost of the structure and finish out of the basement, ground floor and second
floor offices of the new Walton Arts Center Administrative Headquarters Building. Any and all
costs or expenses in excess of the $1,400,000 to be paid by the City to construct, enlarge,
enhance and finish its new Administrative Headquarters Building, not including the basement
shell structure, is the sole responsibility of the Walton Arts Center.
Attachments:
Cost Share Agreement
2
COST SHARE AGREEMENT
On this Z4k day of September, 2014, the City of Fayetteville and the Walton
Arts Center Council, Inc. (hereinafter "Walton Arts Center") for their Cost Share
Agreement for their joint costs and expenditures to replace and enlarge the Walton Arts
Center Administrative Headquarters Building, agree to the following facts, proposals
and coininitments:
1. In order to construct the City Parking Deck on the same block as the Walton Arts
Center's main building, the existing Walton Arts Center Administrative Headquarters
Building had to be demolished.
2. The City of Fayetteville therefore agreed to construct a replacement
Administrative Headquarters Building as the north liner building of the Parking Deck
above the back stage enlargement area.
3. The Walton Arts Center desires to enlarge and enhance its new Administrative
Headquarters Building and pay for this additional expense if the City of Fayetteville
enters into this Cost Share Agreement for the construction of this building.
NOW THEREFORE, the City of Fayetteville and the Walton Arts Center, Inc.
agree as follows:
1. The City of Fayetteville agrees to instruct and pay the contractor to build the new
Walton Arts Center Administrative Headquarters Building as the north liner building
of the Parking Deck as currently shown on the approved plans.
2. The City of Fayetteville agrees to pay for the basement shell and also agrees to
contribute One Million Four Hundred Thousand Dollars ($1,400,000.00) toward the cost
of the finish out of the basement, ground floor and second floor offices of the new
Walton Arts Center Administrative Headquarters Building.
3. The Walton Arts Center Council, Inc. agrees that any and all costs or expenses to
construct, enlarge, enhance and finish its new Administrative Headquarters Building,
not including the basement shell which shall be paid for by the City of Fayetteville, in
excess of the $1,400,000.00 to be paid by the City of Fayetteville shall be and are the sole
responsibility of the Walton Arts Center which further agrees to promptly pay these
costs to the City of Fayetteville upon proper invoice being furnished to the Walton Arts
Center. 4. Change orders affecting the construction or interior finish out of the
Administrative Headquarters Building, must be approved by both the City and the
Walton Arts Center to be effective.
5. Savings made possible by change orders for this Administrative Headquarters
Building construction and finish out shall 'inure to the benefit of the Walton Arts Center
and reduce the amount of its cost share.
6. Any additional expenses caused by such change orders shall be the responsibility
of the Walton Arts Center and may increase its cost share if such change order has been
approved and signed off by the Walton Arts Center, its Agent Peter Lane, its Agent Tim
Vogt, or a designated successor.
7. Properly invoiced costs that are the Walton Arts Center Council, Inc.'s
responsibility pursuant to this Agreement'shall be paid to the City of Fayetteville within
thirty (30) days of submission by the City to the Walton Arts Center.
8. The Walton Arts Center by this Agreement designates Peter Lane and Tim Vogt
as its Agents to approve or disapprove, agree or reject all proposed change orders
related to this Agreement unless and until this agency is revoked in writing by the
Walton Arts Center Council, Inc.
9. The City of Fayetteville by this Agreement designates Mayor Jordan or his
designee to approve all change orders for .the City.
ATTEST:
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Sondra E. Smith, City Clerk
am
THE WALTON ARTS CENTER
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By:
B. LANE, President
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41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
THRU: Kit Williams, City Attorney
FROM: Blake Pennington, Assistant City Attorney
DATE: October 1, 2014
RE: Walton Arts Center Cost Share
Kit Williams
City Attorney
Blake Pennuigton
Assistant City Attorney
Patti Mulford
Paralegal
I originally prepared this item as a resolution for a cost -share with the
Walton Arts Center. City Attorney Kit Williams reminded me that the City
Council must not only approve the cost -share agreement but also must
approve a bid waiver since we are not bidding out the cost -share. Because
the project is specifically for the Walton Arts Center, whose building we
are removing for the Spring Street Parking Deck, and we are agreeing to
share in the cost with the future user of the building, it is neither practical
nor feasible to bid out the cost -share portion of this project. Therefore, I am
resubmitting this as an ordinance to approve a bid waiver and to approve
the cost share agreement with the Walton Arts Center. Please note that the
construction, materials and other costs have been bid out - this addresses
only the agreement to share the cost with the Walton Arts Center.
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
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NORTHWEST ARKANSASTIMES
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 479.442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5715
Was inserted in the Regular Editions on:
October 16, 2014
Publication Charges: $ 110.25
aren Caler
Subscribed and sworn to before me
This 7-4' day of , 2014.
k -J41
Notary Public
My Commi ion Expires: *2-e>/Z-024-
CATHY WILES
Arkansas - Benton County
Notary Public - Comm#F 12397118
My Commission Expires Feb 20. 2024
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.
OCT 2 0 2014
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE