HomeMy WebLinkAbout109-99 RESOLUTION•
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RESOLUTION NO 109-99
A RESOLUTION APPROVING THE HIGHWAY UTILITY
CONSTRUCTION/RELOCATION AGREEMENT WITH THE
ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT FOR WATER AND SEWER RELOCATIONS
AND ADJUSTMENTS ON HIGHWAY 265.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby approves the highway -utility
construction/relocation agreement with the Arkansas State Highway and Transportation Department
for water and sewer relocations and adjustments on Highway 265. A copy of the Arkansas State
Highway Commission Highway -Utility Construction/Relocation Agreement is attached hereto as
it "A"and are made a part hereof.
f.
� AISSED AND APPROVED thisl7 day of August , 1999.
J-k _15 4S '<'
•
it `• !t .\( } APPROVE
• _ By'
ATTEST:
ateHeather Woodruff, City Cl
By:
Fred Hanna, Mayor
'
•
Oinel EXH I44��
RES. 101-11
1 OflILi�Ii Ei
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT
AC 0
State job No. 004999 (Utilities) -County Washington
Federal Aid Project STP -9742 (6) Route 265 Section 2
Job Location Hwy. 16 - Hwy. 45 (S) Utility Owner City of Fayetteville
Water & Sewer Department
i
THIS AGREEMENT, made and entered into this / day of ' gP 1 , 19 q`I , by
and between the Arkansas State Highway Commission, acting by and through the duly authorized
representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little
Rock, Arkansas, hereinafter referred to as the "Department," and the City of Fayetteville Water & Sewer
Department of Fayetteville, AR, 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 an 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 96-167 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 attached 'EXHIBIT An
The Department agrees that the required adjustment is 51.44% eligible for reimbursement for
the actual cost which is estimated to be $2,849,45516 of which $1,465,759.34 to be paid by the
Department and $1,383,695.82 is to be borne by Owner.
Owner will not commence work until authorized by the Department, and will then endeavor to
begin within 30 calendar days and complete within .(i*) ;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 90% of actual cost bills, final 10% being released
on completion of Department's audit. Such audit shall be completed within 90 days of the approval of
the final bill.
* 81 calendar days for Phase I, and 197 calendar days for Phase II
OR!G!NAL
Res. Io9 99
Expenses incurred under an actuel cczt 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.
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, lossess 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
WATER .& SEWER DEPARTMENT
4fre/414eme------
Title Mayor
Tit4e aa.:1„ l�J�eoejf
Title
ARKANSAS STATE HIGHWAY COMMISSION
Acting By and Through The
Y AND TRANSPORTATION DEPARTMENT
Director of Highway. & Transport
Cluef, Right of Way Division
on
C "ef-U ties Section
Right o.' Way Division
ORIGINAL
Job 004999 (Utilities)
City of Fayetteville
Water & Sewer Department
"EXHIBIT A"
RES. /o9-gq
Adjust water and sewer facilities to clear highway construction by
relocating 14,095 feet of 8 and 12 inch waterline and 3,275 feet of
8 and 10 inch sewer line. Restore services by installing- 18,935
f eet of 6, 8, and 12 inch waterlines, and 3,925 feet of 8, 10, 12
and 14 inch sewer lines.
The pro rata factor for reimbursement will be determined by the
following method:
TOTAL ESTIMATED REIMBURSABLE COST = $1,099,507.77
TOTAL ESTIMATED CONSTRUCTION COST = $2,137,274.63 = 51.44%
Total Estimated Construction Cost $2,137,274.63
P .E. Cost Est. (Fixed Upper $377,378.95) $ 377,378.95
Const. Eng. Est. (Fixed Upper 8165,809.58) $ 165,809.58
Est. Right of Way $ 79,442.00
Est. Clearing $ 87 000.00
E st. Health $ X500.00
Advertise $ 1,000.00
S alvage 19 X50.00 $ 950.00
TOTAL $2,849,455.16
$2,849,455.16 X 51.44% = $1,465,759.34
The "Owner" is also upgrading waterline from 12 inch to 24 inch for
which betterment credit has been applied.
The "Owner" is not equipped to do this work; therefore, work will
be done by contract.
•
-- ORIGINAL
••.Res..loci -ell
ARKANSAS STATE HIGHWAY
HIGHWAY - UTILITY CONSTRUCTION/RELO •N AGREEMENT
State Job No. 004999 (Utilities) -County Washington
Federal Aid Project STP -9142 (6 )
AC
LS ❑
Route 265 Section 2
Job Location Hwy. 16 - Hwy. 45 (S) Utility Owner City of Fayetteville
Water & Sewer Department
N
THIS AGREEMENT, made and entered into this 1 day of gel , 19 ! , by
and between the Arkansas State Highway Commission, acting by and through the duly authorized
representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little
Rock, Arkansas, hereinafter referred to as the "Department," and the City ofFayefteville Water & Sewer
Department of Fayetteville, AR, 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 ea -tent that
eligibility is hereinafter established.
Payment will be made on an 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 96-167 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 attached rr6XIIIB1TA"
The Department agrees that the required adjustment is 51.44% eligible for reimbursement for
the actual cost which is estimated to be $2,849,455.16 of which $1,465,759.34 to be paid by the
Department and $1,383,695.82 is to be borne by Owner.
Owner will not commence work until authorized by the Department, and will then endeavor to
begin within 30. calendar days and complete within.(*)_ ,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 I00% of lump sum bills and 90% of actual cost bills, fmaI 10% being released
on completion of Department's audit. Such audit shall be completed within 90 days of the approval of
the final bill
* 81 calendar days for Phase I, and 197 calendar days for. Phase II
-c
ORIGINAL
Res./01-49
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.
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, lossess 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
WATER LLySEWER DEPARTMENT
Title
e/A,
Mayo r
Ti
t9 !�l�eir,
Title
ARKANSAS STATE HIGHWAY COMMISSION
Acting By and Through The
Y AND TRANSPORTATION DEPARTMENT
Director of Highway & Tramp
Cluef, Right of Way DZvision
on
C ef-U '-. ries Section
Right oWay Division
ORIGINAL
Job 004999 (Utilities)
City of Fayetteville
Water & Sewer Department
"EXHIBIT A"
RES. /D9-49
Adjust water and sewer facilities to clear highway construction by
relocating 14,095 feet of 8 and 12 inch waterline and 3,275 feet of
8 and 10 inch sewer line. Restore services by installing' 18,935
feet of 6, 8, and 12 inch waterlines, and 3,925 feet of 8, 10, 12
and 14 inchsewer lines.
The pro rata factor forreimbursementwill be determined by the
following method:
TOTAL ESTIMATED REIMBURSABLE COST = $1,099,507.77
TOTAL ESTIMATED CONSTRUCTION COST = $2,137,274.63 = 51.44%
Total Estimated Construction Cost $2,137,274.63
P.E. Cost.Est. (Fixed Upper $377,378.95) $ 377,378.95
Const. Eng. Est. (Fixed Upper 8165,809.58) $ 165,809.58
Est. Rigut of Way $ 79,442.00
Est. Clearing $ 87,000.00
Est. Health $ 500.00
Advertise $ 1,000.00
Salvage 19 X50.00 $ 950.00
TOTAL $2,849,455.16
$2,849,455.16 X 51.44% = $1,465,759.34
The "Owner" is also upgrading waterline from 12 inch to 24 inch for
which betterment credit has been applied.
The "Owner" is not equipped to do this work; therefore, work will
be done by contract.
ORIGINAL
EXHIBIT A
99
•
EXHIBIT A
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT
State Job No. 004999 (Utilities) -County Washington
Federal Aid Project
STP -9142 (6)
AC El
IS ❑
Route 265 Section 2
Job Location Hwy. 16 - Hwy. 45 (S) Utility Owner City of Fayetteville
Water & Sewer Department
THIS AGREEMENT, made and entered into this day of,19 by
and between the Arkansas State Highway Commission, acting by and through the duly authorize
representatives of the Arkansas State Highway and Transportation. Department, with headquarters at Little
Rock, Arkansas, hereinafter referred to as the "Department," and the City of Fayetteville Water & Sewer
Department of Fayetteville, AR, 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 an 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 96-167 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 attached 'EXHIBITA"
The Department agrees that the required adjustment is 51.44% eligible for reimbursement for
the actual cost which is estimated to be $2,849,45516 of which $1,465,759.34 to be paid by the
Departthent and $1,383,695.82 is to be borne by Owner.
Owner will not commence work until authorized by the Department, and will then endeavor to
begin within 30. calendar days and complete within (*) 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 90% of actual cost bills, fmal 10% being released
on completion of Department's audit. Such audit shall be completed within 90 days of the approval of
the final bill.
* 81 calendar days for Phase I, and 197 calendar days for, Phase II
•
•
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 fmal 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 Contiol Devices", as amended and supplemented.
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, Iossess 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 FAYEITEVILLE
WATER & SEWER DEPARTMENT'
ARKANSAS STATE HIGHWAY COMMISSION
Acting By and Through The
HIGHWAY AND TRANSPORTATION DEPARTMENT
Title Director of Highways & Transportation
Title Chief, Right of Way Division
Title Chief -Utilities Section
Right of Way Division
•
Job 004999 (Utilities)
City of Fayetteville
Water & Sewer Department
"EXHIBIT A"
Adjust water and sewer facilities to clear highway construction by
relocating 14,095 feet of 8 and 12 inch waterline and 3,275 feet of
8 and 10 inch sewer line. Restore services by installing 18,935
feet of 6, 8, and 12 inch waterlines, and 3,925 feet of 8, 10, 12
and 14 inchsewer lines.
The pro rata factor for reimbursement will be determined by the
following method:
TOTAL ESTIMATED REIMBURSABLE COST = $1,099,507.77
TOTAL ESTIMATED CONSTRUCTION COST = $2,137,274.63 = 51.44%
Total Estimated Construction Cost $2,137,274.63
P.E. Cost Est. (Fixed Upper $377,378.95( $ 377,378.95
Const. Eng. Est. (Fixed Upper $165,809.58) $ 165,809.58
Est. Right of Way $ 79,442.00
Est. Clearing $ 87,000.00
000.00
Est. Health $ 500.00
Advertise $ 1,000.00
Salvage 19 X50.00 $ 950.00
TOTAL $2,849,455.16
$2,849,455.16 X 51.44% = $1,465,759.34
The "Owner" is also upgrading waterline from 12 inch to 24 inch for
which betterment credit has been applied.
The "Owner" is not equipped to do this work; therefore, work will
be done by contract.
•
ICINITY MAP
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fayetteville City Council
Thru: Fred Hanna, Mayor
Charles Venable, Public Worlis Director
Jim Beavers, City Engineer
From: Sid Norbash, Staff Engineer 4/...4.--1
Date: August 10, 1999
Re:
Highway Utility Construction/Relocation Agreement
Highway 265 (Hwy 45 to Hwy 16) Widening / Water &
Sewer Relocations
Highway 265 is scheduled for major improvements in 1999 by the Arkansas Highway
and Transportation Department. These improvements are to take place on Hwy 265
between Highway 45 and Highway 16. A vicinity map is attached for your
information.
The total estimated cost of Water and sewer relocations and adjustments for this
project is $2,849,455.16, this amount is only that portion of the project cost
which is eligible for reimbursement. Per Highway Department's Agreement
$1,465,759.34 (51.44%) of the actual cost of the eligible portions will be
reimbursable to the City by the Highway Department.
The attached agreement has been prepared by the Arkansas Highway and
Transportation Department according to the governing rules and regulations, and
must be approved by the City Council.
The Staff requests that the Council approve the Agreement with the Highway
Department.
SN/sn
Attachments: 2
•
X
X
AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville City Council meeting
of 8-17-99
FROM:
Sid Norbash
Name
En
aineerina Public Works
Division
Department
ACTION REQUIRED: Approval of the
Agreement with Arkansas Highway
Hwy 265 Widening (Hwy 45 to Hwy
Highway - Utality Construction / Relocation
and Transportation Department, Reference to
16) - Water & Sewer Relocations.
COST TO CITY:
Si, 465,759.34(Revenue)
Cost of this Request
5400-0940-4303.00
Account Number
97043
Project Number
$1,400,000 State Hwv-Utility Relo.
Category/Project Budget Category/Project Name
-0-
Funds Used To Date Program Name
$1,400,000 Water & Sewer
Remaining Balance Fund
BUD T,IREVIEW:
Bud a Manager
X Budgeted
e
Budget Adjustment Attached
dminis raf.'ive Services fYrector
CONTRACT/GRANT/LEASE REVIEW:
A countin, M
r
At t _rneY
Purchasing Officer
GRANTING AGENCY:
ifa'-9y
Date
Date
6- to -99
Date
ADA Coo
dinato
anwia Jct
Intlernal Auditor
Date
?-,a-�y
Date
STAFF RECOMMENDATION:
04
D vision Head
Approval of the
Aipart
inistative
4.4%/14411/1` ---
Date
ector Date
Services Director Date
Mayor
Date
Agreement.
Cross Reference
New Item: Yes X No
Prey Ord/Res #:
Orig Contract Date:
•
Staff Review Form
Description/ Hwy 265 Water & Sewer Relocations Meeting Date 11/3/98
Project Name
Comments: Reference Comments:
Budget Director
Accounting Manager
6g701 -D? ofi dAn-6 ,634)/yr
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
•
To: Sid Norbash, Engineering
From: Heather Woodruff, City Clerk
Date: August 23, 1999
Attached is a copy of the resolution approving the agreement with the Arkansas State Highway
and Transportation Department for water and sewer relocation on Highway 265 I am also
returning four contracts with the Mayor's signature. Please have them signed and return one
original to the City Clerk's office. The original will then be microfilmed and filed with the City
Clerk.
cc. Yolanda Fields, Internal Auditor