HomeMy WebLinkAbout75-99 RESOLUTIONRESOLUTION NO
75-99
•
A RESOLUTION AWARDING BID NO. 99-49 IN THE AMOUNT
OF $433,361.48, PLUS $43,361 PROJECT CONTINGENCY TO
MOBLEY CONSTRUCTION FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS TO BOARDWALK
SUBDIVISION AND RIDGELY MANOR DRIVE AREA ; AND
APPROVAL OF BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS•
Section 1. That the City Council hereby awards Bid No. 99-49 in the amount of
$433,361.48, plus $43,361 project contingency to Mobley Construction for the construction of
drainage improvements to Boardwalk Subdivision and Ridgely manor drive area; and authorizes the
Mayor and City Clerk to execute a contract for said amount. A copy of the bid tabulation and
contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 2 The City Council hereby approves a budget adjustment in the amount of
$451,500 increasing Bridge and Drainage Improvements, Acct. No. 4470 9470 5817 00, Project No.
98038 20, by decreasing Bridge and Drainage Improvements, Acct. No. 4470 9470 5314 00, Project
No. 96004 20 in the amount of $75,000 and Use of Fund Balance, Acct. No. 4470 0947 4999 99 in
the amount of $376,500. A copy of the budget adjustment is attached hereto marked Exhibit "B"
and made a part hereof.
RXigED AND APPROVED this l s` day of June , 1999.
APPROVED:
By: SU -ow'
F ed Hanna, Mayor
i
ATTEST:
�j
BY`�;i/ Ad ,' 4'
Heather Woodruff, City C e
•
' City of Fayejteville, Arkansas
Budge% Adjustment Form
EXHIBIT B
Budget Year
1999
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
05/11/99
Adjustment #
Project or Item Requested:
Additional funding is requested for the Londonderry Drainage
Improvements project.
Project or Item Deleted:
None Use of fund balance and a portion of Drainage Study and
Master Plan is proposed for this adjustment.
Justification of this Increase:
The additional funds are needed to fully fund the project cost
based on bids received.
Justification of this Decrease:
Sufficient cash and investments exist in Sales Tax Capital
Improvement Fund to fund the additional cost of this project
when combined with a portion of the project funds from the
Drainage Study and Master Plan Project.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number Project Number
Bridge and Drainage Improvemi 451,500
4470 9470
5817 00 98038 20
Decrease Expense (Increase Revenue)
Account Name Amount
Account Number Project Number
Bridge and Drainage Improvem' 75,000 4470 9470
Use of Fund Balance
376,500
5314 00 96004 20
4470 0947 4999 99
Approval Signatures
Admin. Se
Mayor
C -/t-4-5
it
/t -4 -
Budget Office Use Only /�
Type: A B C f u� E
Date of Approval �J
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Blue Copy: Budget .k Research / Yellow Copy: Requester C:WPPS9BUDGE7\BUDGTADI\LONDON
FAYETTEVILLE ,
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jim Beavers, City Engineer
From: Heather Woodruff, City Clerk
Date: June 3, 1999
Attached is a copy of the resolution approving the contract and budget adjustment for the
drainage improvement in the Boardwalk Subdivision Please forward original contracts assoon
as they are available.
cc. File.
cc. 51-wc T v1s '"` 1-
\/o to-Ack.Fie Ids, lvrle.YLtJ Au ct44-
'FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Charles Venable, Public Works DI
Don Bunn, Asst. PW Director
Steve Davis, Budget Coordinato
)tore
From: Jim Beavers, City Engineer
Date: 10 May 99 �//%%
Re: Agenda Request, Council Meeting of May 18, 1999.
/093
7S -Q9
MICROFILMED
Supplemental information - Bid opening results and recommendation - proposed construction
contract and project contingency for the construction of the proposed "Drainage Improvements to
Boardwalk Subdivision and Ridgely/Manor Drive Area".
Bids were opened Monday May 3, 1999 for the Drainage Improvements to Boardwalk Subdivision and
Ridgely/Manor Drive Area.
The City received two bids as follows:
Mobley Construction - $433,361.48.
Sweetser Construction - $462,898.75.
The engineer's estimate (Milholland) was within 10% of the low bid.
The engineer has reviewed the bids and recommends awarding the bid to the low bidder, Mobley
Construction with a bid of $433,361.48.
Staff requests that the City Council:
A) Award the construction contract to Mobley Construction in the amount of $433,361.48,
Page 1of2
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B) Approve a budget adjustment to fully fund the project.
Approve a project contingency for potential changes to the construction contract , material
testing, utility relocations, easements/ lands, additional drainage to the south .. .
Authorize the Mayor to expend the approved project contingency funds as necessary for
completion of the project.
Please refer to the estimated project costs below.
C) Establish an off-site assessment for future developments which utilize the proposed
drainage improvements (refer to agenda memorandum).
D) Concurrent condemnation of easements within the Lewis property (separate agenda
item also on the May 18 agenda).
The estimated total project costs are:
Engineering (Milholland) $38,000
Cost -share with the AHTD 45,000
land (estimated) 44,000
utility relocations (estimated) 22,584
future improvements south in
connection with the AHDT cost -share) 10,000
construction 433,361
Construction contingency 43,361
Materials testing 5,000
general contingency 10.000
total estimated project costs $651,806
Original budget (CIP) $200,000.
Budget adjustment required $451,306.
Estimated future developer contributions $80,000 ($74,258 from Summersby (Marvin Gardens) and
$5,742 from other).
A budget adjustment, in the amount of $451,500 is attached for review and approval.
Page 2 of 2
Ets 7S
STAFF REVIEW FORM
x AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of May 18. 1999
FROM:
Jim Beavers Engineering Public Works
Division Department
Name
ACTION REQUIRED: Approval of:
a) Proposed construction contract and project contingency for the construction of the proposed "Drainage Improvements
to Boardwalk Subdivision and Ridgely/Manor Drive Area "
b) a budget adjustment to fully fund the project
c) establishing off-site assessment for future developments which utilize the proposed drainage improvements
d) concurrent condemnation of easements within the Lewis property - separate agenda item also on the May 18, 1999
agenda.
The Contract bid opening will be held Monday May 3, 1999. The proposed contract, costs and budget adjustment will be
furnished prior to, or at, the May 11, 1999 agenda session.
COST TO CITY:
$ To be provided
Cost of this Request
4470-9470-5817.00
Account Number
98038-0020
Project Number
$ 166.819 Londonderry Drainage
Category/Project Budget Category/Project Name
$48 680
Funds Used To Date
$118,139
Remaining Balance
Drainage Improvements
ProgramName
Sales tax
Fund
BUDGET REVIEW
Budget Coordinator
x Budgeted Item
9q
x :udget Adjustment Attached (to be furnished)
imstrative Services Director
ONTRACT/GRANT/LEASE REVIEW
Accpugtin
ik
City Attdiite
Date/ Iz
Date l V IQ /
GRANTING GFNCYY:
ternal
Purchasing Officer
Date
editor
Aa?57J
agni‘ciabuctlit
ADA Coordinator Date
STAFF RECOMMENDATION: Approval of items a -d above.
on Head
Date
De rtment Dlrec or
Date
Adtftinistrative Services Director
Mayor
Date
Date
4/28/17
kPAgoq
Cross Reference
New Item: Yes _ No_x_
Prev Ord/Res #: 22-98
Orig Contract Date:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Charles Venable, Public Works Director
From: Jim Beavers, City Engineer
Date: 27 April 1999 77��
Re: Agenda Request, Council Meeting of May 18, 1999.
(A) Proposed construction contract and project contingency for the construction of the proposed
"Drainage Improvements to Boardwalk Subdivision and Ridgely/Manor Drive Area"
(B) Proposed budget adjustment to fully fund the project.
(C) Establishing a off-site assessment for future developments which utilize the proposed
drainage improvements.
(D) Concurrent condemnation of easements within the Lewis property (separate agenda
item also on the May 18 agenda).
1. Project Background.
During the development review and Planning Commission process in 1996 for the proposed Marvin
Gardens subdivision (west of Highway 265, north of Manor Drive and south of Boardwalk Subdivision)
citizens voiced concems over existing drainage problems in the area
The Planning Commission recommended that the City perform a drainage study and improvements in
the Ridgely, Manor and Crossover areas (September 23, 1996).
After a formal selection process, in compliance with state law and City purchasing regulations, the City
entered into a contract with Milholland Engineering on October 29, 1996 for the "Partial Drainage Study
of Mud Creek Tributary and White River Tributary" (a.k.a. the drainage study in connection with the
proposed Marvin Gardens Subdivision).
Page 1 of 5
The drainage study was performed by Milholland Engineering to December 1996. The drainage study
noted existing problems along Highway 265, Ridgely and Manor Drives and within the Boardwalk
Subdivision.
The report includes the following:
Ridgely Drive - existing road side ditches and driveway culverts undersized (for today's
standards)
Manor Drive - street culverts undersized.
Londonderry and Meandering Way - existing system undersized, calculated flooding in one
home, flooding of yards in other areas.
The report also investigated the effects of the propose development (Marvin Gardens).
Based upon this drainage study the 1998 CIP and Budget included $200,000 for drainage problems in
the Boardwalk area and the Ridgely/Manor area. The $200,000.00 was a rough predesign estimate and
in retrospect too low.
2. Design contract.
The City Council approved an engineering contract with Milholland Engineering on February 17, 1998
for the design and construction management of drainage improvements for the Boardwalk area and the
Ridgley/Manor area.
3. Alternate designs.
Milholland Company's engineering design included the review of different routing options.
a. The Boardwalk area and north.
For the Boardwalk area, Milholland Company considered:
additional pipes at the locations of the existing pipes in the Boardwalk subdivision,
combining the flow with the AHDT improvements and routing north along Highway 265 and
then west to the pond,
new pipe routing in the rear of the existing homes (the south side on Londonderry and
Meandering Way),
new pipe routing off-site, in the undeveloped areas south of the property line of the subdivision.
Based upon considerations of pipe lengths, utilities, rough costs and citizen inconveniences, Milholland
Company recommenced the routing the storm water along the off-site southern boundary of the
Boardwalk Subdivision approximately 800 if to the existing creek and then improving the drainage
from the creek to the pond north of the subdivision. Please note that the majority of the storm water
currently on Londonderry comes from across Highway 265 at Lover's Lane
Page 2 of 5
•
•
•
1
After site visits and reviews by the City (Mr. Bunn and Beavers) the proposed routing was approved to
proceed to final design including locating the new drainage pipe south of the existing property lines
along the Boardwalk subdivision.
The system designed and proposed for construction includes a new 54 inch pipe along the off-site
southern boundary of the subdivision to the existing creek and then a new box culvert and concrete
channel system to the north.
Please note that the design of the box culvert and concrete channel system to the north is based upon
receiving the storm water drainage from all drainage basins based upon future development without
upstream detention. This will allow the construction of the proposed Stonegate subdivision (formerly
Marvins Gardens) along with the development of the Carter and Lewis properties without detention.
b. For the Ridgely, Manor Drive and southern areas Milholland Company designed a system of twin 30
inch pipes along Ridgely and across Manor Drive.
The City has subsequently negotiated with the AHTD to relocate the cross drainage at Highway
265/Ridgely Drive south approximately 875 feet. The City Council approved a resolution on July 21,
1998 to fund the additional drainage improvements to be included within the Highway 265 widening
project (estimated at $45,000). This will allow the City to leave Ridgely Drive as is and omit the
proposed twin 30 inch pipes from the drainage project. The City will have future additional costs
downstream, yet to be determined, but estimated at $5,000 or less for one replacement drive culvert.
The replacement culvert under Manor Drive west of Ridgely remains in the proposed construction
contract.
4. Easement acquisition.
Easement acquisition has proceeded for drainage easements along the southern boundary (off-site)
within the development and at the outfall for the relocated Highway drainage.
For the Boardwalk area improvements 7 property owners are effected. The City has acquired easements
from 6 of the owners. The City has been unable to acquire easement from one owner (the Lewis
property).
5. Requested condemnation.
A separate agenda request is presented at the May 18 Council meeting requesting condemnation of
permanent drainage easement and temporary construction easement generally along the northern side of
the Lewis property.
Please refer to the agenda item, complete with exhibits describing the property and offer.
Page 3 of 5
•
Per staff's discussions with the owner and their attorney, the proposed construction contract and
proposed condemnation of easements are presented at the same Council meeting. The construction may
not proceed without easements and the easements are unnecessary if the Council does not fully fund the
construction contract and project.
Staff has reviewed the concerns of the property owner and does not believe that the proposed drainage
improvements will damage their property or prevent them from future development of their land.
6. Estimated project costs.
The current estimated total project costs, including engineering, construction, AHTD cost -share, utility
relocations, easements, material testing is roughly estimated at $600,000.00.
A formal estimate is not presented at this time as the project is currently being advertised for bids
The actual bids will be opened Monday, May 3 with the results and recommendation fumished to the
City Council prior to, or at, the May 11 agenda session
The Current budget for the project is $200,000 (project number 98038).
7. Budget adjustment.
A budget adjustment, in the estimated amount of $400,000.00 will be prepared and presented prior to, or
at the Council agenda session on May 11, 1999. The proposed budget adjustment will include a
proposed source of funds.
8. Requested future development cost -shares and proposed off-site assessments.
The design of the box culvert and concrete channel system to the north is based upon receiving the
storm water drainage from all drainage basins based upon future development without upstream
detention. This will allow the construction of the proposed Stonegate subdivision (formerly Marvins
Gardens) along with the development of the Carter and Lewis properties without detention.
In discussions with the owner and engineer for the proposed Stonegate (the former Marvin Gardens)
they have agreed that their development will benefit by eliminating the need for detention or
downstream improvements and they have agreed in principal to pay for a percentage of the costs based
upon percentages of drainage areas (they have agreed upon percentages but not cost estimates). The
developer's engineer has a much lower cost estimate for the project and they may reconsider their
proposed agreement depending upon the City's bid prices.
Jorgensen estimates, and staff concurs that the developers of Stonegate contribute 26.2% of the
construction costs for the improvements through the Boardwalk subdivision and 14.6% of the costs of
the improvements at Manor Drive.
Page 4 of 5
•
The agreement in principal is also contingent upon Planning Commission considerations, approval of the
preliminary plat and the ability of the developers of Stonegate to acquire a drainage easement across the
Lewis property to the new box culvert. This easement is west of, and separate from the easement
requested by the City from Lewis.
Staff requests that the City Council establish and require an assessment based upon drainage area
percentages and actual construction costs of the improvements. Such assessments shall be returned to
the budget category from which the project was funded.
Additional information, based upon the actual bid results will be presented prior to, or at , the agenda
session May 11, 1999.
9. Construction contract
Bids will be opened Monday, May 3 with the results and recommendation furnished to the City Council
prior to, or at, the May 11 agenda session.
enclosures:
1. Project and vicinity map.
2. Construction contract and specifications.
Page 5 of 5
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
Res. 7S -9c
RECEIVED f-467(
90 ,,.raI k- S°4-
JUL 21 1999
MICROFILMED CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
For the Fayetteville City Council meeting of Mayor's Approval
FROM:
Sid Norbash Engineering Public Works
Name r Division Department
ACTION REQUIRED: Approval of the contract between the City of Fayetteville
and AWG, SWB, TCA, and SWEPCO for the adjustments of the utilities for
Boardwalk S/D Drainage Improvements Project.
COST TO CITY:
$24,533.38
Cost of this Request
4470-9470-5817-00
Account Number
98038-0020
Project Number
Londonderry Drainage
$618,319 Boardwalk S/D Drainage Impvts.
Category/Project Budget Category/Project Name
$525,447 Drainage Improvements
Funds Used To Date Program Name
$92,872 Sales Tax
Remaining Balance Fund
BUDel-T : VIEW:
?a)A,
X BudgeteItem
e Coordinator
Budget Adjustment Attached
Administra
ive Services Director
CONTRACT/GRANT/LEASE REVIEW:
Acco
City Atto \i\J-64a p
Purchasing Officer
GRANTING AGENCY:
Date ADA Coordinator Date
ALa /7-•20-2i7 J
-10-
Date
Date
rnal Auditor Date
STAFF RECOMMENDATION
: Approval of the contracts with utility companies.
Department Director
cw,
Administrative
Services
Director
Sol/ 2.o
Dae
7'3
Date
Date
7%Dat
Cross Reference
New Item: Yes No X
Prev Ord/Res #: 75- 11
Orig Contract #
Orig Contract Date:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Sid Norbash, Engineering
From: Theresa L. Johnson, Deputy City Clerk'
Date: July 21, 1999
Re: Resolution 75-99, Utility Contracts
Attached please find a copy of the staff review form, three original letters and three original
Arkansas Western Gas agreements. Please have one of the original agreements signed by an
AWG representative and returned to me, where it will be microfilmed and filed with our office
Please call me if you have any questions (x324).
cc: Yolanda Fields, Internal Audit
•
Staff Review Form
Description/ Boardwalk S/D Drainage Imprvts. Meeting Date Mayor's Approval
Project Name
Comments: Reference Comments:
Budget Director
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Charles Venable, Public Works Director
Jim Beavers, City Engineer
From: Sid Norbash, Staff Engineer .L,✓
Date: July 19, 1999
Re: Boardwalk Subdivision Drainage Improvements
The construction contract for the above referenced project has been executed, and the project is
to begin as soon as possible.
There are some utility adjustments that have been necessitated because of this project, and since
the area of improvements is an existing utility easement, the City is agreeing to pay for the
adjustments.
Attached are the letters of authorization for TCA, SWB, and SWEPCO, and agreement form with
AWG Co.
The Staff is requesting your approval of these agreements, and the use of funds approved by the
Council per Section 2 of the approved Resolution 75-99.
RESOLUTION NO 75-99
A RESOLUTION AWARDING BID NO. 99-49 IN THE AMOUNT
OF $433,361.48, PLUS $43,361 PROJECT CONTINGENCY TO
MOBLEY CONSTRUCTION FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS TO BOARDWALK
SUBDIVISION AND RIDGELY MANOR DRIVE AREA ; AND
APPROVAL OF BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby awards Bid No. 99-49 in the amount of
$433,361.48, plus $43,361 project contingency to Mobley Construction for the construction of
drainage improvements to Boardwalk Subdivision and Ridgely manor drive area; and authorizes the
Mayor and City Clerk to execute a contract for said amount. A copy of the bid tabulation and
contract is attached hereto marked Exhibit "A" and made a part hereof.
Section 9. The City Council hereby approves a budget adjustment in the amount of
$45.1,500 increasing Bridge and Drainage Improvements, Acct. No. 4470 9470 5817 00, Project No.
98038 20, by decreasing Bridge and Drainage Improvements, Acct. No. 4470 9470 5314 00, Project
No. 96004 20 in the amount of $75,000 and Use of Fund Balance, Acct. No. 4470 0947 4999 99 in
the amount of $376,500. A copy of the budget adjustment is attached hereto marked Exhibit "B"
and made a part hereof.
PA,§SED AND APPROVED this 1 ` day of June , 1999.
APPROVED:
By:
s;it
‘
I *
ATTEST:
By:
Heather Woodruff City Ce
Ffed Hanna, Mayor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Charles Venable, Public Works D
Don Bunn, Asst. PW Director
Steve Davis, Budget Coordinato
o
From• Jim Beavers, City Engineer/
Date• 10 May 99 �/�
Re: Agenda Request, Council Meeting of May 18, 1999.
Supplemental information - Bid opening results and recommendation - proposed construction
contract and project contingency for the construction of the proposed "Drainage Improvements to
Boardwalk Subdivision and Ridgely/Manor Drive Area".
Bids were opened Monday May 3, 1999 for the Drainage Improvements to Boardwalk Subdivision and
Ridgely/Manor Drive Area.
The City received two bids as follows:
Mobley Construction - $433,361.48.
Sweetser Construction - $462,898.75.
The engineer's estimate (Milholland) was within 10% of the low bid.
The engineer has reviewed the bids and recommends awarding the bid to the low bidder, Mobley
Construction with a bid of $433,361.48.
Staff requests that the City Council:
A) Award the construction contract to Mobley Construction in the amount of $433,361.48,
Page 1 of 2
B) Approve a budget adjustment to fully fund the project.
Approve a project contingency for potential changes to the construction contract , material
testing, utility relocations, easements/ lands, additional drainage to the south ..
Authorize the Mayor to expend the approved project contingency funds as necessary for
completion of the project.
Please refer to the estimated project costs below.
C) Establish an off-site assessment for future developments which utilize the proposed
drainage improvements (refer to agenda memorandum).
D) Concurrent condemnation of easements within the Lewis property (separate agenda
item also on the May 18 agenda).
The estimated total project costs are:
Engineering (Milholland) $38,000
Cost -share with the AHTD 45,000
land (estimated) 44,000
tit+iityuelocations,(estimated). • 22,584
future improvements south in
connection with the AHDT cost -share) 10,000
construction 433,361
Construction contingency 43,361
Materials testing 5,000
general contingency 10.000
total estimated project costs $651,806
Original budget (CEP) $200,000.
Budget adjustment required $451,306.
Estimated future developer contributions $80,000 ($74,258 from Summersby (Marvin Gardens) and
$5,742 from other).
A budget adjustment, in the amount of $451,500 is attached for review and approval.
Page 2 of 2
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
1999
Department: Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
05/11/99
Adjustment #
Project or Item Requested:
Additional funding is requested for the Londonderry Drainage
Improvements project.
Project or Item Deleted:
None Use of fund balance and a portion of Drainage Study and
Master Plan is proposed for this adjustment.
Justification of this Increase:
The additional funds are needed to fully fund the project cost
based on bids received
Justification of this Decrease:
Sufficient cash and investments exist in Sales Tax Capital
Improvement Fund to fund the additional cost of this project
when combined with a portion of the project funds from the
Drainage Study and Master Plan Project.
Account Name
Increase Expense (Decrease Revenue)
Amount
Bridge and Drainage Improvemi 451,500
Account Name
Bridge
Account Number Project Number
4470 9470
5817 00 98038 20
Decrease Expense (Increase Revenue)
Amount
and Drainage Improvem 75,000
Use of
Fund Balance
376,500
Account Number Project Number
4470 9470
5314 00 96004 20
4470 0947 4999 99
Approval Signatures
to
219,
Blue Copy: Budget & Research / Yellow Copy: Requester
Budget Office Use Only
Type: A B C ( D\ E
Date of Approval �J
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
C:\APP\99BUDGET\BUDGTADALONDON
FAYETTEVILLE
•
THE CITY OF FAYETTEVILLE, ARKANSAS
July 19, 1999
Mr. Michael Campbell
SWEPCO
P.O.Box 1328
Fayetteville, AR 72702
Re: Boardwalk Subdivision Drainage Improvements Project
Relocation of underground cable and pedestals
Dear Mr. Campbell:
Please consider this letter as a request and authorization of the necessary relocations and
adjustments necessitated by the above referenced project.
Per cost estimate of 4/13/99 prepared by Mr Mike Hicks of your office, upon completion of the
necessary adjustments, SWEPCO will be reimbursed for the actual cost of the adjustments up to a
not to exceed amount of $9,644.88
Please proceed with these adjustments as soon as possible.
e
Mayor Fred Hanna
FBH/sn
113 WEST MOUNTAIN 72701 501 5217700
FAX 501 575-8257
FAYETTEVILLE
•
THE CITY OF FAYETTEVILLE. ARKANSAS
•
July 19, 1999
Mr. Kevin Lefler
TCA Cable TV
4901 South 48th Street
Springdale, AR 72762
Re: Boardwalk Subdivision Drainage Improvements Project
Relocation of underground cable and pedestals
Dear Mr. Lefler:
Please consider this letter as a request and authorization of the necessary relocations and
adjustments necessitated by the above referenced project.
Per cost estimate indicated in your letter of 4/15/99, upon completion of the necessary
adjustments, TCA will be reimbursed for the actual cost of the adjustments up to a not to exceed
amount of $2,739.00
Please proceed with these adjustments as soon as possible.
Ge/4444v
ayor Fred Hanna
FBI-I/sn
113 WEST MOUNTAIN 72701 501 5214700
FAX 501 575-8257
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
July 19, 1999
Ms Judy Carson
SW Bell Telephone Co.
P.O.Box 879
Fayetteville, AR 72702
Re: Boardwalk Subdivision Drainage Improvements Project
Relocation of underground cable and pedestals
Dear Ms Canon:
Please consider this letter as a request and authorization of the necessary relocations and
adjustments necessitated by the above referenced project.
Per cost estimate of 4/30/99 submitted by Mr. Gary Kerr, and revised later by Mr. Bob Falk, upon
completion of the necessary adjustments, SW BELL will be reimbursed for the actual cost of the
adjustments up to a not to exceed amount of $9,947.50 •
Please proceed with these adjustments as soon as possible.
20%~—
ayor Fred Hanna
FBH/sn
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
•
Property Developer:
Address:
Job Location:
1-P-90886-1
•
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
City Of Fayetteville
113 West Mountain
Fayetteville, Ar.
72701
Boardwalk Sudivision Drainage Project
THIS AGREEMENT, made and entered into this
29thday of
•
June , 19 99,
by and between The City Of Fayetteville , acting by and through its
duly authorized representative, hereinafter referred to as the "Developer," and ARKANSAS
WESTERN GAS COMPANY, acting by and through its duly authorized representative, hereinafter
referred to as the "Owner."
WITNESSETH:
WHEREAS, the "Developer" proposes to make certain improvements at the location
designation as shown above; and as part of the necessary work of such improvements,
"Owner" must adjust or relocate certain of its existing facilities, and in connection with
such adjustment, or relocation, "Developer" shall participate in the costs of such work to
the extent herein agreed upon; and
WHEREAS, the proposed improvement necessitates the adjustment and/or relocation of
certain facilities of "Owner" as described in the following description of work.
Propose to relocate existing facilities at the Boardwalk Subdivision
for the new drainage project.
and such adjustment, relocation or construction being shown in detail in "Owner's" plans,
sketches, estimate of cost, and specifications (when applicable) which are attached hereto
and made a part hereof; and
WHEREAS, the "Developer" desires to implement the herein described utility adjust-
ments or relocations and approve the proposed utility construction of "Owner" by entering
into an agreement with said "Owner."
NOW, THEREFORE; IT I5 HEREBY AGREED:
1. Where applicable hereunder by reason of new utility occupancy or crossing of
"Developer's" property,•"Developer" hereby grants to "Owner" a right of way license and
permission to install and operate utility facilities on or across "Developer's" properties
as shown on the approved plans or sketch maps attached hereto and made a part hereof, and
to execute such easements or right of way grants as may be necessary to evidence and
record such right of "Owner."
•
•
•
•
2 Where applicable hereunder by reason of new construction on existing utility
rights of way, "Owner" hereby grants to "Developer" the right to use for his purposes the
lands within the project limits on or across which "Owner" holds a valid property interest
antedating "Developer's" rights which were subsequently acquired in the same lands, and
which property rights "Owner" shall retain so long as "Owner" (or "Owner's" successors or
assigns) continues such use and occupancy and does not abandon, and thereby release, such
property interest to "Developer" through facility removal in making said adjustments or by
subsequent facility removal for "Owner's" convenience; and the "Developer" hereby agrees
that 'Owner," by granting said right and by said continued joint use and occupancy, does
not waive any future claim for reimbursement for adjustment cost as may be eligible for
reimbursement by reason of such prior property interest, nor does "Owner" waive any other
legal or property right held under the Law or Constitution of the State or the United
States.
3. In the event that future construction, reconstruction, expansion, relocation,
rehabilitation, betterment, maintenance or other work on the facilities owned and oper—
ated by either the "Developer" or the "Owner" in the area jointly occupied or used under
either or both the above provisions of this Agreement will disturb, detrimentally affect,
interfere, or be inconvenient to the facilities or responsibilities of either party, the
parties hereto shall reach agreement in writing as to locations, extent, and methods of
such work before the work is undertaken. In a case of emergency, and where immediate
action is necessary for the protection of the public and to minimize damage to or loss of
investment in the property of the "Developer" or the "Owner," either party hereto may, at
its own responsibility and risk, make any necessary emergency repairs, and shall notify
the other party hereto of such action as soon as practicable.
4. "Owner" shall inform "Developer," in writing, three days or more in advance of
the date work is to be started, and shall keep the "Developer" informed of progress and
activity related to the work being performed, and shall furnish written notice when the
work is completed.
5. "Developer_" agrees that the cost of the utility adjustment and/or construction
provided for hereunder shall be paid to "Owner" as follows: "Owner" agrees that
"Developer" will only pay actual cost of adjustment should actual cost be less than
$2202.00 If actual cost exceeds $2202.00
$actu�t the "Developer" will pay only
6. "Owner" shall accept as full payment for work hereunder the amount developed
or accumulated as eligible actual and related indirect costs in accordance with "Owner's"
accounting procedure, which is the Uniform System of Accounts prescribed by the Arkansas
Public Service Commission. "Owner" further agrees to retain said cost records and
accounts for inspection and audit for a period of not less than one (1) year from the date
of final payment.
7. "Owner" shall be responsible for any and all hazards to persons, property, and
traffic, and shall save the "Developer" harmless in all respects from any and all losses,
damages, or injuries caused by any negligent act or omission by "Owner's" employees or
agent performing work under this Agreement or future maintenance or servicing work on
facilities constructed under this Agreement; and "Owner" shall, in completing said work,
perform clean up and restoration of appearances of the work area including disposal of
surplus materials and debris, so as not to leave the work area in an unsafe or unsightly
condition.
•
8. If requested by "Owner" in writing; "Developer" shall make intermediate
progress payments in amounts not exceeding ninety percent (90%) of eligible billed costs,
and no more often than monthly intervals, for work hereunder upon receipt of statements in
ai
c
amount) copies
is$2,000.00por�more,erodicaandndutnhatdnoosts, such intermediate paymentrovided the hereineshalltbe construedbas
final settlement for any item included in any intermediate billing.
9. "Owner" shall, within six (6) months after completion of the adjustment and
acceptance thereof by the "Developer," prepare and submit to "Developer" a detailed
complete (including intermediate billings, if any) and final bill in two (2) copies and
covering the total cost for the adjustment of "Owner's" facilities.
10. The "Developer," upon receiving from "Owner" the final billing documents
complete as listed next above, shall pay "Owner" for the eligible actual cost, less all
prior payments, if any, for making the adjustments in "Owner's" facilities as agreed
herein. "Developer" shall pay "Owner" within thirty (30) days after such billing
documents are received. If "Developer" fails to pay within said time, the amount due
shall bear interest at the maximum allowable rate until paid. "Developer" shall have the
right to Inspect and audit the books of account of "Owner" during normal business hours of
"Owner" at'any time within the time limit set forth in Paragraph 6 to determine the
correctness of "Owner's" billing. "Owner" agrees to refund any and all amounts paid in
payments found in the audit to exceed the total amount eligible for work hereunder
11. It is mutually agreed by the parties hereto that the provisions of this
Agreement pertaining to relative property rights, right of way occupancy permission,
access for servicing when applicable and joint use of rights of way shall continue in full
force and effect from the date of execution, and shall be perpetually binding upon each
party's legal representatives, successors or assigns.
12. Anything contained herein notwithstanding, if requested by "Owner' in writing,
"Developer" shall make an advance payment in an amount not to exceed one hundred percent
(inn %) of eligible billed costs for work to be performed upon receipt of statements in
two (2) copies for estimated costs. No such advance payment shall be construed as final
settlement for any item included in any billing.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in
duplicate by their duly authorized representatives the date first hereinabove written.
"OWNER"
ARKANSAS WESTERN GAS COMPANY
"DEYG LOPER"
(Mayer)
Its: Vice President CITY OF. PAYE --SEVILLE
Its:
Attest:
Its: Secretary
Attest: (If Corporation)
Its .DEpu y
CITvJ C -1 -ERIC
Witness: (If Individual or Partnership)
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
4
/2't 75-99
• • Cf 9A,CrE 02DCift/
STAFF REVIEW FORM 1170 GO.
& ha6e)
For the Fayetteville City Council meeting of Mayor' sM,ppraa?FuT.,MED
FROM:
Sid Norbash )1/1"-i Engineering Public Works
Name Division Department
ACTION REQUIRED: Approval of the Change Order #1 to the contract with Mobley
Contractors, Inc. For the Londonderry Drainage Improvements Project
(Boardwalk Subdivision), per attached Change Order.
COST TO CITY:
$4,375.83
Londonderry Drainage
$228,044 (2000) Boardwalk S/D Drainage
Impvts.
Cost of this Request Category/Project Budget Category/Project Name
4470-9470-5817-00
Account Number
98038-0020
Project Number
$ . Liz, C5 2.
Funds Used To Date
$115,562
Remaining Balance
Drainage Improvements
Program Name
Sales Tax
Fund
BUDGET REVIEW:
X
udget Coordinator
Budgeted Item
Budget Adjustment Attached
Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW:
114 a ti114
Accounting i..n-t9er
.! . A IL
1 ! ATI of i'e,
Y
Purchasing Officer
GRANTING AGENCY:
Date ADA Coordinator
Date
7-26.00
Date
Date
Date
STAFF RECOMMENDATION:
Approval of the
Department Director
i, i,..
ministratAe Services Directo
LAG
Mayor
Date
Date
7,0/7/
Date
C.O.#1
to this contract.
Cross Reference
New Item: Yes No X
Prev Ord/Res #: 75-99
Orig Contract # 720
Orig Contract Date: 6-1-99
Staff Review Form
Description/ Change Order #1 Meeting Date Mayor's Approval
Project Name Boardwalk S/D Drainage Imprvts.
Comments: Reference Comments:
Budget Director
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVR,LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
•
To: Fred Hanna. Mayor
Thru: Charles Venable. Public Words Director (e'
Jim Beavers. City Engineer
From: Sid Norbash, Staff Engineer
Date: June 26. 2000
Re: Londonderry Drainage Impvts. (Boardwalk Subdivision)
- Change Order #1 to the Construction Contract
The attached Change Order #1 to the above referenced contract with Mobley Contractors
has been necessitated because of certain field adjustments and necessities.
These items are detailed on the attached change order. and the justifications for the
addition of these changes are stated by Milholland, the engineer for this project.
We request approval of this change order. which will be funded with the project
contingency approved by the Council (a copy of the resolution is attached).
SN/sn
attachments
•
• •
RESOLUTION NO 75-99
A RESOLUTION AWARDING BID NO. 99-49 IN THE AMOUNT
OF $433,361.48, PLUS $43,361 PROJECT CONTINGENCY TO
MOBLEY CONSTRUCTION FOR THE CONSTRUCTION OF
DRAINAGE IMPROVEMENTS TO BOARDWALK
SUBDIVISION AND RIDGELY MANOR DRIVE AREA ; AND
APPROVAL OF BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
S_e^1. That the City Council hereby awards Bid No. 99-49 in the amount of
$433,361.48, plus $43,361 project contingency to Mobley Construction for the construction of
drainage improvements to Boardwalk Subdivision and Ridgely manor drive area; and authorizes the
Mayor and City Clerk to execute a contract for said amount. A copy of the bid tabulation and
contract is attached hereto marked Exhibit "A" and made a part hereof.
Section The City Council hereby approves a budget adjustment in the amount of
$451,500 increasing Bridge and Drainage Improvements, Acct. No. 4470 9470 5817 00, Project No.
98038 20, by decreasing Bridge and Drainage Improvements, Acct. No. 4470 9470 5314 00, Project
No. 96004 20 in the amount of $75,000 and Use of Fund Balance, Acct. No. 4470 0947 4999 99 in
the amount of $376,500. A copy of the budget adjustment is attached hereto marked Exhibit "B"
and made a part hereof.
(PAk§SED AND APPROVED this r day of June , 1999.
;.
y tUV fl
ATTEST:
By
Heather Woodruff, City C e
APPROVED:
By•/ice
Fred Hanna, Mayor