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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 `���trnrrr�h Attest: `.����FtK � rFo'��, �C) _r f AYETT F1'�,. f ara Paxton, City c Treasurer 9 iir'iii�0% 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 Arkansas State Highway Commission Job 040746 HWY 112 Improvements Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2024-0635 Item ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/7/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff requests Mayor's signature on a Utility Relocation Agreement between the City of Fayetteville and the Arkansas State Highway Commission for Job 040746 Hwy 112 Improvements from Truckers Drive to Howard Nickel approved by Resolution 135-23. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: 10/10/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE %PF ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Mihalevich, Active Transportation Manager DATE: October 7th, 2024 SUBJECT: 2024-0635 — Job 040746 Utility Relocation Agreement RECOMMENDATION: STAFF MEMO Staff requests Mayor's signature on a Utility Relocation Agreement between the City of Fayetteville and the Arkansas State Highway Commission for Job 040746 Hwy 112 Improvements from Truckers Drive to Howard Nickel approved by Resolution 135-23. BACKGROUND: On June 6th, 2023, Resolution 135-23 was approved for a utility relocation agreement with the Arkansas State Highway Commission for utility relocations related to the Highway 112 improvements project. Resolution 135-23 authorized Mayor Jordan to sign a utility relocation agreement. DISCUSSION: This project is ready to be bid to contractors and this agreement is required by ARDOT to move forward with utility relocations. BUDGET/STAFF IMPACT: The total cost for the utility relocations for the Highway 112 improvements is $12,668,315.00 of which $11,519,119.83 to be paid by ARDOT and $1,149,195.17 is the responsibility of the City of Fayetteville and approved by Resolution 135-23. Attachments: 040746 — Utility Relocation Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 113 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 Attest: ,C��� 111j Kara Paxton, City CTA Treasurer == Rev. 08/07/2017 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT State Job No 040746 (Utilities) County Washin Federal Aid Project CMF-TAPF-9142(48) Route 112 Job Location Truckers Dr. — Howard Nickell Rd. (Fayetteville) (S) Section 1 Utility Owner City of Fayetteville THIS AGREEMENT, made andentered into this 10 day of October , 20 24 , 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 $12,668,315.00 of which $11,519,119.83 to be paid by the Department and $1,149,195.17 is to be borne by Owner. Page 1 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 (See Exhibit A) days and complete within (See Exhibit A) days thereafter. Owner and Department have agreed to include this relocation work as part of the construction contract per the Agreement of Understanding for this project. 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 040746 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 Lioneld Jordan Name (Typed or Printed) FEDERAL TAXPAYER IDENTIFICATION # if ) Name (Typed or Printed) ARKANSAS HIGHWAY COMMISSION Acting By and Through The ARKANSAS DEPARTMENT of TRANSPORTATION (For) Director I ba, �, � Right of Way Division Head Section He d-Utilities Section 11)1 rlf,� (ley �N —Iywls i Ir R, a4 �, Title `�.��� .G�� Y 0 .� Zr ignature •'� 1111110 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. 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. 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 and Department have agreed to include this relocation work as part of the construction contract per the Agreement of Understanding for this project. 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 Work to be included in Highway Contract (shown here for reference only): Construction $11,499,011.00 Betterment ($324,692.00 SUBTOTAL $11,174,319.00 REIMBURSABLE AMOUNT 90.74% $10,139,577.06 Work to be reimbursed by this agreement: Construction Engineering $667,300.00 Force Account Inspection $100,000.00 Easement Cost $438,196.00 ROW Acquisition $30,000.00 Health Department Review $500.00 SUBTOTAL $1,235,996.00 REIMBURSABLE AMOUNT 90.74% $1,121,524.77 West Transmission Easement Cost 100% $258,000.00 TOTAL REIMURSABLE AMOUNT $1,379,542.77 OVERALL PROJECT COST $12,668,315.00 Page 4 of 4 ARKANSAS DEPARTMENT OF TRANSPORTATION BUY AMERICA and BUILD AMERICA, BUY AMERICA CERTIFICATE OF COMPLIANCE WE, C ity of Fayettev i I le (Utility Company) Address: 1 13 W. Mountain Favetteville. AR 72701 ARDOT Job No. 040746 Hereby certify that we are in compliance with the "Buy America" requirements of the Federal regulations 23 U.S.C. 313 and CFR 635.410 of this project, as well as the "Build America, Buy America' (BABA) requirements of the Infrastructure Investment and Jobs Act (IIJA). (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States — this means that all manufacturing processes for the construction material occurred in the United States. As required, we will maintain all records and documents pertinent to the Buy America requirement, at the address given above, for not less than 3 years from the date of project completion and acceptance; if we do not provide the records and documents during invoicing, then we will maintain all records and documents pertinent to the Buy America requirement for not less than three (3) years from the date conditional final payment has been received. These files will be available for inspection and verification by the Department and/or FHWA. We further certify t at the total value of foreign steel as described in the Buy America requirements fort s proje t does not exceed one -tenth of one percent (0.1 %) of the total contract price oEP2,500.001 whichever is greater. Signed of/Organization) Title: Lioneld Jordan, Mayor Subscribed and swo WO before me thiso 'Wut fb b Qhvnzlv� .may ComSsioEx1 (Kota blic/Justice of the Peace) o N -_ Z� •u ♦ •y' -ftS 4-21 �Q�;��• e ( , 2-0Z4 . ires: 04 IL� 12t2j