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HomeMy WebLinkAboutOrdinance 5748ORDINANCE NO. 5748 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A UTILITY RELOCATION AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR THE RELOCATION OF COPPER AND FIBER OPTIC CABLES NECESSARY FOR THE HIGHWAY 112 WIDENING PROJECT BETWEEN RAZORBACK ROAD AND GARLAND AVENUE WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $33,476.50 WHEREAS, the Arkansas Highway and Transportation Department's Utility Accommodation Policy provides for reimbursement to utility owners when utilities within private easements outside of the highway right of way must be relocated; and WHEREAS, the widening of Highway 112 between Razorback Road and Garland Avenue necessitated the relocation of utilities owned by the University of Arkansas, some of which are located in private easements and, therefore, qualify for reimbursement by the City; and WHEREAS, 80% of the qualifying relocation costs are covered by federal -aid funding with the remainder to be paid by the City of Fayetteville; and WHEREAS, the University of Arkansas, as the owner and installer of the copper and fiber optic cables and as owner of the private easements in which the utilities will be relocated, is the only appropriate party to relocate its utilities; 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 the above -stated facts constitute an exceptional situation in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a utility relocation agreement with the University of Arkansas for the relocation of copper and fiber optic cables necessary for the Highway 112 widening project between Razorback Road and Garland Avenue with the amount to be paid by the City of Fayetteville not to exceed $33,476.50. AP Lm Page 2 Ordinance No. 5748 PASSED and APPROVED this 17' day of February, 2015. ATTEST: SONDRA E. SMITH, City Clerk/Treasurer FAYETiEVILLE: .9 :^ %,mss . �kAN`- .® x o e�, City of Fayetteville Arkansas 113 West Mountain Street / Fayetteville, AR 72701 m 473575-8323 Text File File Number: 2015-0035 Agenda Date: 2/17/2015 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: D. 8 UNIVERSITY OF ARKANSAS UTILITY RELOCATION AGREEMENT: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A UTILITY RELOCATION AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR THE RELOCATION OF COPPER AND FIBER OPTIC CABLES NECESSARY FOR THE HIGHWAY 112 WIDENING PROJECT BETWEEN RAZORBACK ROAD AND GARLAND AVENUE WITH THE AMOUNT TO BE PAID BY THE CITY OF FAYETTEVILLE NOT TO EXCEED $33,476.50 WHEREAS, the Arkansas Highway and Transportation Department's Utility Accommodation Policy provides for reimbursement to utility owners when utilities within private easements outside of the highway right of way must be relocated; and WHEREAS, the widening of Highway 112 between Razorback Road and Garland Avenue necessitated the relocation of utilities owned by the University of Arkansas, some of which are located in private easements and, therefore, qualify for reimbursement by the City; and WHEREAS, 80% of the qualifying relocation costs are covered by federal -aid funding with the remainder to be paid by the City of Fayetteville; and WHEREAS, the University of Arkansas, as the owner and installer of the copper and fiber optic cables and as owner of the private easements in which the utilities will be relocated, is the only appropriate party to relocate its utilities; 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 the above -stated facts constitute an exceptional situation in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a utility relocation agreement with the University of Arkansas for the relocation of copper and fiber optic cables necessary for the Highway 112 widening project between Razorback Road and Garland Avenue with the amount to be paid by the City of Fayetteville not to exceed $33,476.50. City of Fayetteville, Arkansas Page 1 Printed on 2/18/2015 City of Fayetteville Staff Review Form 2015-0035 Legistar File ID 2/3/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 1/16/2015 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Approval of an Agreement with the University of Arkansas for Utility Relocations on Highway 112 (Maple Street) between Razorback Road and Garland Avenue 06035.9555.5809.00 Account Number 06035 Budget Impact: Sales Tax 2013 Street Improvements Fund Transportation Bond Street Improvements Project Number Project Title Budgeted Item? Yes Current Budget $ 16,571,673.55 Funds Obligated $ Current Balancex xsr§571 Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment # Remaining Budget z &,i714�s Previous Ordinance or Resolution # 15-03; 16-03 Original Contract Number: V20140710 Approval Date: �—lI—V: J Comments: Payment for this work will be made to the AHTD, not directly to the University, per the agreement with AHTD approved by Resolution 15-03. No funds should be encumbered in favor of the University of Arkansas for this item. CITY OF Faye evi le ARKANSAS MEETING OF FEBRUARY 3, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Jeremy Pate, Development Services Director FROM: Chris Brown, City Engineer DATE: January 15, 2015 SUBJECT: Agreement with the University of Arkansas for Utility Relocations on Highway 112 (Maple Avenue) Between Razorback Road and Garland Avenue RECOMMENDATION: Staff recommends approval of an agreement with the University of Arkansas for utility relocations on Highway 112 as part of the widening project between Razorback Road and Garland Avenue. This agreement will be paid with federal aid funds (80%) and City matching funds (20%). BACKGROUND: City Council passed Resolution No. 15-03 on February 4, 2003, approving an Agreement Of Understanding with the Arkansas Highway and Transportation Department (AHTD) to design and construct Highway 112 (Razorback Road and Maple St.) from MLK Jr. Blvd. to Garland Avenue. The Council also passed Resolution 16-03 authorizing the Mayor to sign any agreements necessary to further the project. This project will provide 4 travel lanes, with turning lanes at major intersections, and three new signals. Sidewalks will be provided on both sides. The original agreement was for a federal aid funding amount of $1 million. The agreement has been amended twice to add additional funding through the Surface Transportation Program - Attributable Funds (STP -A). The current funding allocation, in the amount of $2.4 million in federal aid funds matched by $600,000 in local funds, is for the Maple Street portion, between Razorback Road and Garland Avenue. DISCUSSION: The AHTD has presented the City with contracts for relocation of utilities, based on their Utility Accommodation Policy. Their policy provides for reimbursement to utility companies when they are located within private easements, outside of the highway right of way. Any facilities within the right of way must be relocated at the utility's expense. With this particular contract, approximately 54% of the relocations are outside of the right of way; therefore the reimbursement percentage is 54.09%. This reimbursable amount is estimated to be $167,382.51. BUDGET/STAFF IMPACT: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 As noted above, federal aid funding is providing 80% of the funding for this work; therefore, the City's share in the $167,382.51 reimbursable amount is $33,476.50. The reimbursable amount of the contract will be paid to the University of Arkansas by the AHTD, and the City will pay our share to the AHTD at the time of construction bids for the widening work. Payment for this work is included in the $600,000 matching requirement for the project. Therefore, no funds should be encumbered at this time for this work. Attachments: UofA Agreement Resolution 15-03 Resolution 16-03 AHTD STIP Amendment (Federal Aid Funding Approval)