HomeMy WebLinkAbout135-23 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 135-23
File Number: 2023-783
ARDOT - HIGHWAY 112 (RELOCATION AGREEMENT):
A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH THE ARKANSAS STATE
HIGHWAY COMMISSION FOR UTILITY RELOCATIONS RELATED TO THE HIGHWAY 112
IMPROVEMENTS PROJECT
WHEREAS, the Arkansas Department of Transportation has requested utility relocations to prepare for the widening
of Highway 112 from Truckers Drive to Howard Nickell Road; and
WHEREAS, the utility relocations are estimated to cost a total of $12,669,315.00 with reimbursement to the City for
90.74% of the costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a utility
relocation agreement, a copy of which is attached to this Resolution, with the Arkansas State Highway Commission for
utility relocations related to the Highway 112 Improvements Project.
PASSED and APPROVED on June 6, 2023
Page 1
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ara Paxton, City c Treasurer 9
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 6, 2023
CITY COUNCIL MEMO
2023-783
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
SUBJECT:
Arkansas Department of Transportation - Highway 112 Truckers Dr. to Howard
Nickell Rd.
RECOMMENDATION:
Staff recommends approval of a Utility Relocation Agreement with the Arkansas Department of Transportation
related to the Highway 112 Improvements project, ARDOT Project 040746.
BACKGROUND:
The Arkansas Department of Transportation has requested utility relocations to prepare for the widening of
Highway 112 from Truckers Drive to Howard Nickell Road.
The water and sanitary sewer relocations for this project are estimated to cost approximately $12,669,315.00,
subject to public bidding. The relocations are estimated to be 90.74% reimbursable to the City of Fayetteville
by ARDOT. Furthermore, there is an existing easement for the City's future West Transmission waterline that
will be taken by the new ArDOT Right of Way which will be reimbursed at 100% of current market value. Based
on the estimated cost, this would result in ARDOT funding $11,520,027.23 and the City of Fayetteville
$1,149,287.77. The actual costs of construction will determine final contributions from each party. This
agreement is primarily to establish the reimbursable percentage for both parties.
DISCUSSION:
Hawkins -Weir Engineers, Inc. was selected for and has completed the design of the utility relocations
necessary for this project. The Arkansas Department of Health project review and easement acquisition is
underway, then the project can proceed to bidding.
BUDGET/STAFF IMPACT:
No impact at this time. Funds would be obligated to this project at the time a construction bid award is
presented.
ATTACHMENTS: SRF ARDOT Hwy 112, Utility Relocation Agreement
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-783
Arkansas Department of Transportation - Highway 112 Truckers Dr. to Howard Nickell Rd.
A RESOLUTION TO APPROVE A UTILITY RELOCATION AGREEMENT WITH THE
ARKANSAS STATE HIGHWAY COMMISSION FOR UTILITY RELOCATIONS RELATED TO
THE HIGHWAY 112 IMPROVEMENTS PROJECT
WHEREAS, the Arkansas Department of Transportation has requested utility relocations to prepare for
the widening of Highway 112 from Truckers Drive to Howard Nickell Road; and
WHEREAS, the utility relocations are estimated to cost a total of $12,669,315.00 with reimbursement
to the City for 90.74% of the costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a utility relocation agreement, a copy of which is attached to this Resolution, with the Arkansas
State Highway Commission for utility relocations related to the Highway 112 Improvements Project.
Page 1
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2023-783
Item ID
6/6/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/17/2023 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a Utility Relocation Agreement with the Arkansas Department of Transportation
related to the Highway 112 Improvements project, ARDOT Project 040746.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Project Title
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20221130
Rev. 08/07/2017
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT
State Job No 040746
(Utilities) County Washington
Federal Aid Project CMF-TAPF-9142(48)
Job Location Truckers Dr. — Howard
Nickell Rd. (Fayetteville) (S)
Route 112 Section 1
Utility Owner City of Fayetteville
THIS AGREEMENT, made and entered into this LA day of
U ►n Z , 20 2.3 , by and between the Arkansas State Highway
Commission, acting by and through the duly authorized representatives of the Arkansas
Department of Transportation, with headquarters at Little Rock, Arkansas, hereinafter
referred to as the "Department," and the City of Fayetteville, Arkansas acting by and
through its duly authorized representatives, hereinafter referred to as the "Owner"
WITNESSETH:
The Department proposes to make highway improvements as specified under the
above referenced job number and the Owner will adjust or relocate its existing facilities as
set out in the attached plans and cost estimate.
The Department will participate in the cost of said adjustment/relocation to the extent
that eligibility is hereinafter established.
Payment will be made on actual cost basis as mutually agreed between Owner and
Department.
This agreement is governed by all applicable State and Federal laws, rules, and
regulations including the Arkansas State Highway Commission Utility Accommodation
Policy adopted by Commission Minute Order 2010-146 as amended and supplemented,
the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid
Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as
amended and supplemented.
DESCRIPTION OF WORK: See Exhibit A on Page 4
The Department agrees that the required adjustment is (See Exhibit A) eligible for
reimbursement for the total cost which is estimated to be $12,669,315.00 of which
$11,520,027.23 to be paid by the Department and $1,149,287.77 is to be borne by Owner.
Page 7 of 4
Rev. 08/07/2017 Job 040746
City of Fayetteville
Owner will not commence work until authorized by the Department and will
then endeavor to begin within 300 calendar days and complete within 900 calendar
days thereafter.
On completion of said work, Owner is responsible for the cleanup and restoration of
the work area including the disposal of surplus materials and debris.
Final billing must include all supporting detail. Owner shall also submit one (1) set of
as -built drawings at this time.
Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the
Department a 10% retainage can be withheld and released upon completion of an audit
review. All final bills for utility relocation are subject to review and audit by state and/or
federal auditors.
Expenses incurred under an actual cost agreement may be billed to the Department
monthly in increments of $5,000.00 or more.
Owner must maintain cost records and accounts to support the agreed
adjustment/relocation work. Said records to be retained and available for inspection for a
period of three (3) years from date of final payment.
Owner shall be responsible for any and all hazards to persons, property, and traffic.
With respect to traffic control, owner shall adhere to the requirements of the Manual
of Uniform Traffic Control Devices as amended and supplemented.
To the extent applicable to this agreement, the Owner shall comply with the Buy
America and Build America, Buy America requirements (as specified in 23 U.S.C. 313, 23
CFR 635.410 and the Infrastructure Investment and Jobs Act (IIJA)). The Owner is not
required to change its existing standards for materials as long as these requirements are
met. These requirements take precedence over regulations pertaining to the
accommodation or regulation of the Owner's facilities (as specified in 23 CFR 645) on
contracts and agreements involving Federal -Aid Highway Program funding and precedence
over regulations which allow the Owner to furnish materials from company stock (as
specified on 23 CFR 645.117(e)). Company Stock materials that do not meet these
requirements may not be permanently incorporated into a Federal -Aid Highway Program
funded project. The Owner must provide a definitive statement that all products
permanently incorporated into the project are covered under these requirements. This
requirement is fulfilled via proper signature and submission of the statement of charges
form. In some circumstances, a waiver of these requirements may be granted by the
Federal Highway Administration, to be determined on a project -by -project basis.
Page 2 of 4
Rev. 08/07/2017
Job 040785
City of Fayetteville
Owner shall be responsible for and shall hold harmless the Arkansas State Highway
Commission, the Department and their officers and employees from any and all claims,
actions, causes of action, suits, damages, losses or liability whatsoever, arising out of
Owner's performance of the work subject to this Agreement.
Notwithstanding anything hereinbefore written, neither the Owner nor the
Department by execution of this Agreement waives or relinquishes any rights which either
may legally have within the limits of the Law or Constitution, either State or Federal.
City of Fayetteville
L (D n e i d Jorby--,,
Name (Typed or Printed)
FEDERAL TAXPAYER IDENTIFICATION #
Kara PAX/41n
Name (Typed or Printed)
C - G
Title
Signature r
ARKANSAS HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS DEPARTMENT of
Right of Way Division Head
Section Head-U ities Section
Page 3 of 4
Rev. 08/07/2017 Job 040746
City of Fayetteville
EXHIBIT A
Adjust water facilities to clear highway construction by abandoning 2,898 LF of thirty-six
(36) inch, 2,382 LF of twelve (12) inch, 710 LF of eight (8) inch, 7,742 LF of six (6) inch,
528 LF of four (4) inch, and 36 LF of two (2) inch water main complete with appurtenances.
Restore service by installing 2,898 LF of thirty-six (36) inch, 8,755 LF of twelve (12) inch,
1,706 LF of eight (8) inch, and 36 LF of six (6) inch water main complete with
appurtenances.
Adjust sewer facilities to clear highway construction by abandoning 2,539 LF of eight (8)
inch and 901 LF of six (6) inch sewer main complete with appurtenances.
Restore service by installing 3,482 LF of eight (8) inch, and 20 LF of four (4) inch sewer
force main complete with appurtenances.
Of the 16,895 LF of main to be abandoned, 15,330 LF is located on private property;
therefore, this work is 15,330 / 16,895 = 90.74% reimbursable. Owner will perform this
work with competitively bid contract forces.
Owner has elected to upsize four (4) inch and six (6) inch water mains to eight (8) inch and
twelve (12) inch water mains. A betterment credit has been given the Department which
will be updated based on low bid, and based on final quantities installed.
Owner will also be replacing their existing West Transmission Easement which was
purchased prior to this project, and will be completely encompassed by the Department's
proposed ROW; therefore, this cost will be 100% reimbursable.
Summary of Cost
Construction
$
11,499,011.00
Betterment
($
324,692.00)
Construction Engineering
$
667,300.00
Force Account Inspection
$
100,000.00
Easement Cost
$
438,196.00
ROW Acquisition
$
30,000.00
Advertising
$
1,000.00
Health Department Review
$
500.00
Subtotal
$
12,411,315.00
Reimbursable Cost $12,411,315.00 X 90.74% _
$
11,262,027.23
West Transmission Easement Cost X 100% _
$
258,000.00
Total Reimbursable
$
11,520,027.23
Page 4 of 4