Loading...
HomeMy WebLinkAbout124-11 RESOLUTIONRESOLUTION NO. 124-11 A RESOLUTION TO APPROVE A UTILITY CONSTRUCTION/ RELOCATION AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION RELATED TO THE HIGHWAY 16 EAST WIDENING AND IMPROVEMENT PROJECT 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 Utility Construction/Relocation Agreement with the Arkansas State Highway Commission related to the Highway 16 East Widening and Improvement Project and authorizes Mayor Jordan to sign this Agreement which is attached as Exhibit A and shows an approximate estimated cost to the City of Fayetteville of $1,976,627.27 which is 66.9% of the total cost with the understanding that the Water and Wastewater Department estimates it will recommend spending another $973,551.25 for upgrades, enlargement or betterment of utilities that have to be moved. PASSED and APPROVED this 19th day of July, 2011. APPROVED: B ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer Rev. 09-23-08 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT State Job No. 040578 (Utilities) County Washington Federal Aid Project STP -9142 (26) AC X LS Route 16 Section 3 Job Location Armstrong Ave. - Stone Bridge Rd. Utility Owner The City of Fayetteville (Sel. Secs.) (Fayetteville) (S) (Water & Sewer) THIS AGREEMENT, made and entered into this 3 day of A 0,5 U s + , 20 1 t , 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 The City of Fayetteville 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 a 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 33.10% eligible for reimbursement for the actual cost which is estimated to be $2,954,599.81 of which $977,972.54 to be paid by the Department and $1,976,627.27 is to be borne by Owner. Owner will not commence work until authorized by the Department, and will then endeavor to begin within 150 calender days and complete within 210 calender 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. Rev. 09-23-08 Expenses incurred under an actual cost agreement may be billed to the Depar tment 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, 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. The City of Fayetteville (Water & Sewer) Lbrld e , Gordan Name (Typed or Printed) 'll- (gO1Iy-(02. FEDERAL TAXPAYER IDENTIFICATION# 5oTckxo, • 5rt4& Name (Typed or Printed) Uti Title V ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT (For) Direc or of Highways & Transpo • tion Right of Way 011111111111P►//v , 014TR Signature • U• • FAYETTEVILLE %,-9d'.:5'1 AN* �7W The City of Fayetteville (Water andTON Section Head -Utilities Section Right of Way Division Rev. 09-23-08 Job # 040578 Exhibit "A" DESCRIPTION OF WORK: Adjust water facilities to clear highway construction by abandoning approximately 50 feet of twenty four (24) inch water line, approximately 1,495 feet of twelve (12) inch water line, approximately 3,475 feet of eight (8) inch water line, approximately 595 feet of six (6) inch water line and approximately 125 feet of two and a quarter (2.25) inch water line complete with appurtenances. Restore service by installing 1,610 feet of twelve (12) inch water line, 3,860 feet of eight (8) inch water line and 985 feet of six (6) inch water line complete with appurtenances. Adjust sanitary sewer facilities to clear highway construction by abandoning approximately 96 feet of fifteen (15) inch sewer line, approximately 153 feet of fourteen (14) inch sewer line, approximately 512 feet of twelve (12) inch sewer line, approximately 830 feet of eight (8) inch sewer line and approximately 848 feet of six (6) inch sewer line complete with appurtenances. Restore service by installing 121 feet of fifteen (15) inch sewer line, 921 feet of twelve (12) inch sewer line, 1,500 feet of eight (8) inch sewer line and 169 feet of four (4) inch sewer line complete with appurtenances. The pro rata factor for reimbursement is determined by dividing the estimated reimbursable construction cost over the total construction cost $977,972.541$2,954,599.81 =33.10%. This factor is to be updated based on final quantities installed. Owner is to perform this adjustment work by company forces; however, contract forces may be utilized depending on the availability of forces when work order is issued. Owner will be securing easements based on Owner's estimated easement cost. Owner verifies cost of easements to be paid is based on previous documented practice and can support such by audit. Easement cost is not to exceed 25% of the appraised fee simple value. Temporary construction easement cost is not to exceed 10% of the appraised fee simple value. Any offer in excess of documented practices must have prior written approval by the Arkansas State Highway & Transportation Department, Right of Way Division. Construction Estimated Cost Betterment Deduction Plan Preparation Land Acquisition Legal Condemnation Land Cost Construction Engineering Other Fees (reproduction, SWPPP, advertisement) Total Estimated Project Cost $ 3,374,957.50 $ (973,551.25) $ 38,130.39 $ 35,505.90 $ 21,285.02 $ 376,275.00 $ 78,997.24 $ 3,000.00 $ 2,954,599.80 Total Reimbursable Cost $2,954,599.81 X 33.10% = $ 977,972.53 David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/19/2011 City Council Meeting Date Agenda Items Only Utilities Division Action Required: Utilities Department A resolution to approve the Arkansas State Highway Commission Highway -Utility Construction/Relocation Agreement to relocate water & sewer utilities as required by the AHTD Job 040578 (040578 Utilities), Hwy. 16 (Huntsville Rd.) from Armstrong Ave. to Stone Bridge Rd. $ Cost of this request Account Number Project Number Budgeted Item Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Water/Sewer Improvements Program / Project Category Name Water and Sewer and W/S Bonds Fund Name I() Depart 1 nt Di ctor i City Attor � y Finance and Internal Services Director IJDI11 Dare) Date -S-Zot; Date 1/C—in Date ZA Ellate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City 0 7-01-1 1 P03:59 R C V D Clerk's Office 'tvt .rk. Received in Mayor's Office Comments: Revised January 15, 2009 tev!lle CITY COUNCIL AGENDA MEMO MEETING DATE OF JULY 19, 2011 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: July 1, 2011 Subject: Hwy. 16 (Huntsville Rd.) Water and Sewer Relocation AHTD-Utility Agreement RECOMMENDATION City Administration recommends approval of the Highway -Utility Construction/Relocation Agreement with Arkansas State Highway Commission for water and sewer relocations relating to the widening of Hwy. 16 (Huntsville Rd.) from Armstrong Ave. to Stone Bridge Rd. BACKGROUND Relocation of existing water and sewer lines is required in preparation for the combined Arkansas Highway Department (AHTD) and City widening of Hwy. 16 (Huntsville Rd.) from Armstrong Ave. to Stone Bridge Rd. The preliminary design has been completed in-house by Engineering staff. The specific project details relating to the scope of work, specifically where upgrades are being considered are still under review. DISCUSSION This agreement obligates the AHTD to pay an estimated 33.10% of the total project cost, or an estimated $977,972.54, and the City to pay the remaining 66.90%, estimated at $1,976,627.27, plus an estimated additional amount of $973,551.25 for upgrades (betterment) for a total estimated cost to the City of $2,950,178.52. 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. These costs are maximum amounts; the specific scope of work, and the related costs, will be determined as design is finalized. It is almost certain that some of the improvements will be removed from the project to reduce the overall cost. Staff expects to advertise for bids for the utility relocations prior to January 1, 2012. BUDGET IMPACT This project is funded from a combination of water and sewer revenues and water/sewer revenue bonds. The actual appropriations, 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. Hw 16E AHTD Util Reloc Agmt CC Memo Jull 1.doc RESOLUTION NO. A RESOLUTION TO APPROVE A UTILITY CONSTRUCTION/ RELOCATION AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION RELATED TO THE HIGHWAY 16 EAST WIDENING AND IMPROVEMENT PROJECT 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 Utility Construction/Relocation Agreement with the Arkansas State Highway Commission related to the Highway 16 East Widening and Improvement Project and authorizes Mayor Jordan to sign this Agreement which is attached as Exhibit A and shows an approximate estimated cost to the City of Fayetteville of $1,976,627.27 which is 66.9% of the total cost with the understanding that the Water and Wastewater Department estimates it will recommend spending another $973,551.25 for upgrades, enlargement or betterment of utilities that have to be moved. PASSED and APPROVED this 19th day of July, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer