HomeMy WebLinkAbout212-10 RESOLUTIONRESOLUTION NO. 212-10
A RESOLUTION APPROVING A WATER AND SEWER UTILITY
RELOCATION EXPENSE COST-SHARING AGREEMENT WITH THE
ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT
RELATED TO THE WIDENING OF CROSSOVER ROAD (STATE
HIGHWAY 265) BETWEEN MISSION BOULEVARD AND JOYCE
BOULEVARD
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 approves a
water and sewer utility relocation expense cost-sharing agreement with the Arkansas Highway
and Transportation Department related to the widening of Crossover Road (State Highway 265)
between Mission Boulevard and Joyce Boulevard. A copy of the agreement is attached as
Exhibit "A."
PASSED and APPROVED this 7th day of December, 2010.
APPROVED:
By:
I 'i NELD airy, Mayor
ATTEST:
By: LAAJA-' ,yyiA itv
SONDRA E. SMITH, City Clerk/Treasurer
,NG�SlkiT R4s,,s
: FAYETTEVILLE:
4'01;vGT® t��ys�°`
Rev. 09-23.08
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT
State Job No 040517 (Utilities) County Washington
Federal Aid Project STP -9142 (9)
Job Location Hwy. 45 — E. Joyce Blvd.
AC X
LS
Route 265 Section 2
Utility Owner Fayetteville Water & Sewer
(Fayetteville) (S)
THIS AGREEMENT, made and entered into this/4- day of 0�it.rt'rvlC.lelt--• , 20 10 . by and
between the Arkansas State Highway Commission, acting by and through the duly authorizer) representatives of the Arkansas
State Highway and Transportation Department, with headquarters at Little Rock, Arkansas, hereinafter referred to as the
"Department," and the Fayetteville Water & Sewer 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 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 Exhibit "A"
The Department agrees that the required adjustment is "See Exhibit A" eligible for reimbursement for the
Actual Cost which is estimated to be $5,643,897.27 of which 52,728,925.99 to be paid by the Department and
52,914,971.28 is to be borne by Owner.
Owner w' I not commence work until authorized by the Department, and will then endeavor to
begin within calendar days and complete within 210 calendar days thereafter.
�q[}
�dn 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.
Rev. 09-23.08
Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the Department a IO%
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 on 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,
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.
Fayetteville Water & Sewer
Lt onel d c )orJc n
Name (Typed or Printed)
m�ycr
Title �
/igna . re '
FEDERAL TAXPAYER IDENTIFICATION h
&dr
Name (Typed or Printed)
Z.U°
ARKANSAS STATE HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT
(For) Director of Highways & Transportation
*I r4
ht of Way P vision Head
,_<«« 11111 r f,,,��
Section Head -Utilities Section
Right of Way Division
Fayetteville. Water & Sewer
Exhibit "A"
DESCRIPTION OF WORK: Adjust the water and sewer facilities as required to clear highway construction
by abandoning approximately 307 ft. of two (2) inch, 43 ft. of four (4) inch, 436 ft. of six (6) inch, 1,393 ft. of
eight (8) inch, 10,496 ft. of twelve (12) inch, and 946 ft. of thirty-six (36) inch water mains; 1065 ft. of eight (8)
inch and 386 ft. of twelve (12) inch sewer mains complete with all necessary valves, meters, services and
appurtenances. Restore the function of the facilities by installing approximately 365 ft. of two (2) inch, 225 ft.
of six (6) inch, 1,222 ft. of eight (8) inch, 10,430 ft. of twelve (12) inch, and 635 ft. of thirty-six (36) inch water
mains; 1074 ft. of eight (8) inch and 403 ft. of twelve (12) inch sewer mains complete with all necessary valves,
meters, services and appurtenances. Owner is not adequately staffed to perform this work; therefore,
contract forces will be utilized and selected by low bid process.
Owner will be upgrading facilities during construction in which betterment has been addressed. Owner has
developed a replacement in-kind and betterment factor for reimbursement in which the Department concurs.
This factor is to update based on low bids and quantities installed.
Owner will be securing easements based on Owners estimated easement cost. Owner verifies cost of
easements to be paid is based on previous documented practice and can support such by audit. Any offer in
excess of documented practices must have prior written approval by Arkansas Highway & Transportation
Department, Right of Way Division.
The pro rata factor for reimbursement will be determined as follows:
Replacement in-kind factor:
Est. reimb. replacement in-kind construction cost
Total est. replacement in-kind construction cost
Reimbursement factor for betterment:
Est. reimb. replacement in-kind construction cost
Total est. construction cost for betterment
Reimbursement factor for preliminary engineering:
$2,051,397.42 = 87.58%
$2,342,402.00
$2,051,397.42 = 43.75%
$4,688,742.00
Est. reimb. replacement in-kind preliminary engineering $270,103.94 = 67.93%
Total est. preliminary engineering $397,621.00
Construction Cost
Const. Engr. Cost
Reimbursement Factor 43.75%
Cost Summary
$4,688,742.00
$ 184,328.27
$4,873,070.27
$2,131,968.24
Preliminary Engr. Cost $ 397,621.00
Reimbursement Factor 67.93% $ 270,103.94
Health Board Fee $ 500.00
Advertisement $ 350.00
ADEQ Stormwater Permit $ 200.00
Arkansas Utility Protection Services $ 1,775.00
Storm Water Prevention Plan $ 3,184.00
Easement Filing $ 720.00
Easement mapping & preparation $ 42,897.00
Easements Acquisition $ 323,580.00
Reimbursement Factor 87.58% $ 373,206.00
$ 326,853.81
Total Cost $5,643,897.27
Total Reimbursement $2,728,925.99
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers
Director
Phone (501) 569-2000 Fax (501) 569-2400
Chris Brown
City of Fayetteville Water & Sewer
125 W. Mountain
Fayetteville, Arkansas 72701
Dear Mr. Brown:
December 29, 2010
RE: Job 040517 (Utilities)
STP -9142 (9)
P.O. Box 2261
Little Rock, Arkansas 72203-2261
W W W.AR KANSASH IGH W A YS.COM
Enclosed is your copy of the utility agreement approved on December 27, 2010 covering reimbursement for the
adjustment of your facilities on the referenced job.
You are authorized to proceed with advertising for bids. If you need additional right of way to accomplish your
adjustments, you may proceed with the acquisition of this right of way.
You are required to furnish a copy of each bid received and the bid tabulation sheet for our review and concurrence.
Should you elect to award the contract to other than the low qualified bidder, the Department will participate only in
the amount of the low bid.
No construction work should be performed until you receive a written work order from this office.
If I may be of assistance, please advise.
Yours truly,
Patty Bray
Utility Coordinator
Utilities Section
Right of Way Division
PB/
Enclosures
Cc: "C" File
District Engineer W/Enclosures
Resident Engineer W/Enclosures #43
"U" File
McClelland Consulting Engineers —Robert White
1810 N. College Ave.
Fayetteville, AR 72703
ppV 3(k.
David Jurgens
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/1/2010
City Council Meeting Date
Agenda Items Only
Utilities
Division
Action Required:
Utilities
Department
Resolution approving an agreement with the Arkansas Highway and Transportation Department for water and sewer
relocations relating to the widening of Crossover Road (Highway 265) between Mission and Joyce Boulevard.
Cost of this request
Account Number
09018
08072
Project Number
Budgeted Item
XX
5,953,301
412,741
Category / Project Budget
727,308
329,692
Funds Used to Date
5,225,993
83,049
Remaining Balance
Budget Adjushnent Attached
W -S Relocations- 2009 Bonds
Hwy 265 W -S Relocations
Program Category / Project Name
Water/Sewer Improvements
Water/Sewer Improvements
Program / Project Category Name
Water and Sewer
Water and Sewer
Fund Name
Depa
t
irector
file -e/1/
Ci homey
o Q _L
Finance and Internal Services Director
Date
11-22-10
Date
1 t"Z2-2.0 1'
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City 11-19-10P03:36 R C V D
Clerk's Office
U""3
Comments:
Revised January 15, 2009
le
CITY COUNCIL AGENDA MEMO
MEETING DATE OF DECEMBER 7, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayetteville.org
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Director
Water/Sewer Committee
Date: November 19, 2010
Subject: Crossover Road Water and Sewer Relocation AHTD-Utility Agreement
RECOMMENDATION
City Administration recommends approval of an agreement with the Arkansas Highway and Transportation
Department for water and sewer relocations relating to the widening of Crossover Road (Highway 265) between
Mission and Joyce Boulevard.
BACKGROUND
The project involves two simultaneous and collocated functions. The first is relocating water and sewer lines as
required in preparation for the combined Arkansas Highway Department (AHTD) and City widening of
Crossover Road (Hwy 265) between Mission and Joyce. The second is installing a 36" and 24" transmission
main along Crossover to connect to the existing 24" main on Crossover at Mission and the existing 36" main on
Old Wire Road. This is the second phase of the transmission main replacement, completing the northern
portion of the loop that was initially constructed when the southern section of Crossover Road between Mission
and Huntsville was widened by the AHTD.
DISCUSSION
This agreement obligates the AHTD to pay 48.35% of the total project cost, or an estimated $2,728,925.99, and
the City to pay the remaining 51.65%, estimated at $5,643,897.27. In general, the AHTD pays for relocating
lines currently existing outside the existing ROW, and the City pays for lines that are currently inside the ROW
and any increases in capacity. The final cost will be based on the actual bids. In this arrangement, the City
designs, awards, and supervises construction of the utility relocation project, and will submit monthly requests
for reimbursement from the AHTD.
Staff expects to advertise for bids for the utility relocations prior to January 31, 2011.
BUDGET IMPACT
This project is funded using Water and Sewer revenue bond funds. $5,225,993 is available in this account.
$83,085 is available in the specific Highway 265 project fund. The actual appropriation, and the budget
adjustment moving the funds from the revenue bond account to the project account, will be requested when the
construction contract is awarded.
AHTD Hwv 265 W -S Am* CCMemo NovlO.doc
l
ARKANSAS STATE HIGHWA Y .
AND
TRANSPORTATION DEPARTMENT
Dan Flowers
Director
Phone(50I)569-2000 Fax (501)569-2400
Chris Brown
City of Fayetteville Water & Sewer
125 W. Mountain
Fayetteville, Arkansas 72701
Dear Mr. Brown:
October 1, 2010
RE: Job 040517 (Utilities)
STP -9142 (9)
P.O. Box 2261
Little Rock, Arkansas 72203-2261
W W W.ARKANSASHIGHWAYS.COM
Enclosed is your copy of the utility agreement approved on October 1, 2010, covering reimbursement for the
adjustment of your facilities on the referenced job.
You are authorized to proceed with advertising for bids. If you need additional right of way to accomplish your
adjustments, you may proceed with the acquisition of this right of way.
You are required to furnish a copy of each bid received and the bid tabulation sheet for our review and concurrence.
Should you elect to award the contract to other than the low qualified bidder, the Department will participate only in
the amount of the low bid.
No construction work should be performed until you receive a written work order from this office.
If I may be of assistance, please advise.
Yours truly,
Patty Bray`...
Utility Coordinator
Utilities Section
Right of Way Division
PB/
Enclosures
Cc: "C" File
District Engineer W/Enclosures
Resident Engineer W/Enclosures #43
"U" File
McClelland Consulting Engineers —Robert White
1810 N. College Ave.
Fayetteville, AR 72703
Aiwk\eA(
Co�S� (-fir to-�-cam
RESOLUTION NO.
A RESOLUTION APPROVING A WATER AND SEWER UTILITY
RELOCATION EXPENSE COST-SHARING AGREEMENT WITH THE
ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT
RELATED TO THE WIDENING OF CROSSOVER ROAD (STATE
HIGHWAY 265) BETWEEN MISSION BOULEVARD AND JOYCE
BOULEVARD
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 approves a
water and sewer utility relocation expense cost-sharing agreement with the Arkansas Highway
and Transportation Department related to the widening of Crossover Road (State Highway 265)
between Mission Boulevard and Joyce Boulevard. A copy of the agreement is attached as
Exhibit "A."
PASSED and APPROVED this 7th day of December, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer