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HomeMy WebLinkAbout28-01 RESOLUTIONr RESOLUTION NO. 28-01 A RESOLUTION APPROVING A BUDGET ADJUSTMENT INCREASING THE COST SHARE WITH MCDONALD'S INC. FOR WIDENING JOYCE BOULEVARD AND INSTALLING DRAINAGE IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby approves a budget adjustment by increasing its Cost -Share agreement for Joyce Boulevard drainage improvements, Account number 4470-9470-5817.00 in the amount of $179,095.00 and its Cost -Share agreement for Joyce Boulevard widening, Account number 4470-9470-5809.00 in the amount of $19,420.00. t P Y E ftPASSED AND APPROVED this a day of C/44 , 2001. ATTEST: By Heather Woodruff, City Crefic APPROVED: By: NAME OF FILE. Resolution No. 28-01 • CROSS REFERENCE: 03/20/01 Resolution No. 28-01 02/16/01 Departmental Memo to Dan Coody, Mayor, thru Don Bunn and Jim Beavers from Ron Petrie regarding the proposed change order Vicinity Map Construction Drawing Cost -Share Agreement 03/06/01 Staff Review Form 03/26/01 Departmental Memo from City Clerk NOTES: FAYETTEVIPI.E • THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mr. Dan Coody, Mayor Thru: Don Bunn, Asst. PW Director Jim Beavers, City Engineer From: Ron Petrie, Staff Engineer e Date: February 16, 2001 Re: Proposed Change Order in the amount of $108,500.00 for the Cost Share 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 and to the south side of Joyce Boulevard. The City Council approved a cost -share with the McDonald's Corporation in the amount of $90,015.00 at the September 5, 2000 Council Meeting to widen Joyce Boulevard and install additional storm pipes. Attached is the original memo sent to Mayor Hanna that explains the scope of the cost -share. The amount of the original request was based upon an estimate provided by McDonald's from a preliminary design. Since this cost -share was approved by the Council, these improvements have been designed and bids have been received from Contractors. In addition, the design required an additional 192 feet of storm pipe that will have to be installed across Joyce Boulevard. The following prices were submitted by the low bidder, Dean Crowder Construction: City $168,257.00 Developer $ 65,827.00 Total $234,084.00 Therefore, an additional $108,500.00 is requested for this project. This amount was determined as follows: City's Portion $168,257.00 Engineering Fees $ 16,110.00 (Includes Inspection) Sub -Total $184,367.00 Less Previously Approved $ 90,015.00 Sub -Total $ 94,352.20 15% Contingency $ 14,148.00 Total Additional Funds Requested $108,500.00 Mayor Dan Coody February 16, 2001 Page Two (2) Based upon the information provided by the Budget & Research Division, there is a remaining balance of $448,614.00 in the Miscellaneous Drainage Improvement Account. 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: Original Memo to Mayor Hanna (Dated August 18, 2000) Staff Review Form Vicinity Map Construction Drawing Revised Cost -Share Agreement Construction Bids Revised Purchase Requisition FAYETTEVIeLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mr. Fred Hanna, Mayor Thru: Charles Venable, PW Director Jim Beavers, City Engineer From: Ron Petrie, Staff Engineer 1 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 Engineenng 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 $ 70,140.00 _ Total. 8160,455.00 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 c 02/16/2001 14:26 FAX 405 945 1243 MCDON'ALD-S OKC • Q002/002 • Fayetteville, AR NEC Joyce BIvdMLa 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 pipe 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 site plan attached hereto as Exhibit "A" and made a part hereof up to a maximum City cost of $198,515.00 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 $198,515.00 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 and approval by the City shall occur within 15 days of receipt of said increased bid. It is further understood that upon acceptance of the storm pipe 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 March 6, 2001. The City will support the efforts of McDonald's to complete the storm pipe 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. This Agreement shall supercede the Agreement dated September 6, 2001. 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 Fay 3 ille Dan Coody, Mayor —5 440 Date Date McDonald'sCo Coration Authorized Representative eod3»/Lu4do,✓ ,nevi 2o,,,c SNtOIDepN<ga\USLECAL1midwatbkJho¢utm3-0136'Agreement-draft 1-8-E-m.doc • • JAN -16-2001 TUE 04:05 PM L ISURNING 1. McClinton -Anchor 2. Dean Crowder 3. Shady Grove Excavating 4. L.R. Mourning Co. Total of2&4 AREA 1 90067 FAX NO, +++• P, 02 Off -Site Utility Construction McDonald's • Joyce Blvd Fayetteville, AR AREA2 95591 ( 52625 ( 45000 40325 54800 1 c 19582 , 20827 1., (72207 65827 }DI)ITtoNgL EoGIOCERiNG f-ys WILL F'ot_.row UNDep, )AiAT Cove✓. Beg AGuu g , %" tc DorYi! Ds. CogrbRA-norJ .14c-08-2000 FRI 03:15 PM L illbURNING 12/o7/00 o6:44 PAX FAX NO, +++• Dean Crowder Construction, Inc.. BID 594 SAL 21st Street, Bentonville, AR 72712 Phone (501) 273-504 FAX (501) 273-0S74 PMosuML suwflltA t L.R. MOURNING CO. year PAtt .12.7-00 gBMA„C MCOONALDS MY, STAR MUM!' 00oe LITTLE ROCK(, AR MCW1147. O,c.Meo, SAND CREED FAYETTEVILLE TIo r1ANI 11+00 Mot MAUHEW KARPOFF AREA 1 • FURNISH AND INSTALL 48" COMP. ▪ REMOVE EXISTING 16" AND 24" CMP ' REMOVE CURB INLET. • REMOVE CURD • REMOVE AND REPLACE WITH A MINIMUM OF 24" OF SELECT FILL ON STREET. TOTAL._ »..._ ..»AAAA• AREA 2 • FURNISH AND INSTALL 24" CMP, 18" CMP AND 48• COMP. • CONSTRUCT GRATED INLET. CURB INLET AND JCT BOXES. • RECONSTRUCT CURB INLET. TOTAL......._. _._...»..........:. ..AAAA...»...._.._...,........... ,.H ..............................i M.... I., AREA 3 ' REMOVE 18" CMP. • REMOVE 16" RCP ANO PLUG HOLE. • FURNISH AND INSTALL 16" AND 48" RCP. • REMOVE AND REPLACE CURB AND SIDEWALK • REMOVE CURB INLET. • CONSTRUCT CURB INLETS AND JCT. BOXES. • PATCH STREET. TOTAL »_ ...»AAAA »,..........»........... a•'st-qo..!o b... r... DEC 0 2000 L. I IN L' :If:(i CO. �,..�. Delo of Proposal t2' h -a 0 Suwnitted $y $52, 425.00 SKIMP $45,000.00 $65,000.00 Date of Acceptance Accepted By ' UNLESS NOTED, PRICE DOES NOT INCLUDE THE FOLLOWING ITEMSt ROCK EXCAVATION - UNDERCUT AN0 RLL BACK OF UNSTABLE MATERIAL - DENSITY TESTING • ADEQ (NPOES I PERMIT 600 Q] ONO S.07VNOU°W MI 966 SOP XVd WIT 000Z/1i/ZI 02/16/2001 11:11 FAX 405 945 1243 McDONALD'S OI(C McDonald's Mr. Ron Petrie — P.E. City of Fayeteville Engineer City of Fayetteville, Arkansas 113 West Mountain 72701 IJ 002 McDonald's Corporation 3817 N.W. Expressway Suite 920 Oklahoma City, Oklahoma 73112-1490 405/948-1562 Fax: 405/945-1240 February 16, 2001 Re: Revised Engineering Fees — McDonald's at Joyce Blvd. & Mall Ave. Dear Mr. Petrie: The revised engineering fees for areas 1 & 3 on the above mentioned project are as follows: Additional engineering fees for construction document production $1,282.11 Engineering inspection fees for construction $7.388.69 TOTAL: $8,670.80 Please don't hesitate to call me at (405) 945-1230 if you have any questions. Sincerely McDonald's Corporation Ben Aguirre Project Manager Cc: File Tim Sorey — Sand Creek Engineering Attachments; STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 6, 2001 FROM: Ty Re Re• Ron Petrie Engineering Public Works P"ok Name Divicinn Department ACTION REQUIRED: Approval of a change order to a cost share with McDonald's Corporation in the amount of $108,500.00 for the widening of Joyce Boulevard and the associated drainage improvements. COST TO CITY: $ 108,500.00 Cost of this Request 4470-9470-5817-00 Account Number 97041-0020 Project Number $ 557,344.00 Category/Project Budget $ 108,730.00 Funds Used To Date $ 448,614.00 Remaining Balance Drainage Improvements Category/Project Name Cost Share Program Name Sales Tax Fund BUDGET REVIEW: udget anager X Budgeted Item ''`/o/ Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: • cc•un ng ' ana torne 1,s Purchasing Officer atei to alalibl Date GRANTING AGENCY: 110i nterna nterna .u.ltor Date ADA Coordinator Grants Coordinator Date Date STAFF RECOMMENDATION: Approval of a change order in the amount of $108,500.00 for the above described construction. Cross Reference New Item: Yes x No _ Prev Ord/Res #: 4270 Orig Contract Date: Orig Contract Number: • 0 Page 2 STAFF REVIEW FORM Description Joyce Street Widening & Drainage Improvements Cost Share Meeting Date March 6, 2001 Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Manager Internal Auditor ADA Coordinator Grants Coordinator FAYETTEVIPLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ron Petrie, Engineering From: Heather Woodruff, City Clerk Date: March 26, 2001 Attached is a copy of the resolution approving the budget adjustment for the cost share with McDonald's Inc. The original will be microfilmed and filed with the City Clerk. Your purchase requisition has been forwarded to the Internal Auditor. cc: Nancy Smith, Internal Auditor