HomeMy WebLinkAbout88-15 RESOLUTIONRESOLUTION NO. 88-15
A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING
WITH THE UNIVERSITY OF ARKANSAS FOR PLACEMENT OF A
UNIVERSITY OWNED GAS SERVICE LINE WITHIN THE CITY OF
FAYETTEVILLE RIGHT OF WAY
WHEREAS, City staff and University of Arkansas officials worked out a Memorandum
of Understanding which will authorize the University to place about 2,400 feet of its new 6 inch
natural gas line within or across the City's right of way to the University's Central Heating Plant
at 870 West William; and
WHEREAS, the Alderman Transportation Committee reviewed this project and the
proposed Memorandum of Understanding and unanimously recommended approval.
NOW, THEREFORE, 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
the Memorandum of Understanding with the University of Arkansas for placement of a
University owned gas service line within the City of Fayetteville right-of-way and authorizes
Mayor Jordan to sign this contract.
PASSED and APPROVED this 21St day of April, 2015.
ATTEST:
By:
SONDRA E. SMITH, City Clerk Treas�ii�������ivi
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FAYFTTEVILIE,
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
n (479) 575-8323
t.. Text File
File Number: 2015-0184
Agenda Date: 4/21/2015 Version: 1 Status: Agenda Ready
In Control: City Council File Type: Resolution
Agenda Number: A. 9
UNIVERSITY OF ARKANSAS MEMORANDUM OF UNDERSTANDING
A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
UNIVERSITY OF ARKANSAS FOR PLACEMENT OF A UNIVERSITY OWNED GAS SERVICE
LINE WITHIN THE CITY OF FAYETTEVILLE RIGHT OF WAY
WHEREAS, City staff and University of Arkansas officials worked out a Memorandum of
Understanding which will authorize the University to place about 2,400 feet of its new 6 inch natural
gas line within or across the City's right of way to the University's Central Heating Plant at 870 West
William; and
WHEREAS, the Alderman Transportation Committee reviewed this project and the proposed
Memorandum of Understanding and unanimously recommended approval.
NOW, THEREFORE, 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 the
Memorandum of Understanding with the University of Arkansas for placement of a University owned
gas service line within the City of Fayetteville right-of-way and authorizes Mayor Jordan to sign this
contract.
City of Fayetteville, Arkansas Page 1 Printed on 411412015
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
2015-0184
Legistar File ID
4/21/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/3/2015 Engineering /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
Approval of a Memorandum of Agreement with the University of Arkansas for placement of a University owned gas
service line within City of Fayetteville right of way.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached?, NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date: 4 -3 1— L
CITY OF
rayVq
ARKANS
MEETING OF APRIL 21, 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: April 3, 2015
SUBJECT: Approval of a Memorandum of Agreement with the University of Arkansas
for placement of a University owned gas service line within City of Fayetteville right of
way.
RECOMMENDATION:
Staff recommends approval of a Memorandum of Agreement with the University of Arkansas for
placement of a natural gas service line to be owned, operated, and maintained by the University
of Arkansas in City right of way. This MOA was also reviewed by the Transportation Committee
on March 31St, and the Committee voted to 3-0 recommend approval.
BACKGROUND:
The University of Arkansas is planning a project to install, maintain and operate approximately
5,300 linear feet of 6 -inch high pressure natural gas service line, beginning in the 1500 block of
Nettleship Street and terminating at the University Central Heating Plant located at 870 West
William. Approximately 2,400 linear feet of this natural gas service line is required to be laid
within or cross public right of way along the route.
DISCUSSION:
The City's rights of way, while primarily used for streets and sidewalks, are also used by utility
companies for their facilities. Utility company use of City right of way is governed by franchise
agreements between the City and each utility; these agreements stipulate how the right of way
may be used, and include provisions for relocation of utilities when they interfere with the use of
the right of way by the City.
Similarly, the proposed MOA specifies construction and maintenance requirements for the gas
line to be installed and maintained by the UA, and details relocation responsibilities if the need
arises in the future.
BUDGET/STAFF IMPACT:
None.
Attachments:
Memorandum of Agreement
Construction Plans
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
MEMORANDUM OF AGREEMEMENT
BY AND BETWEEN
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR THE
UNIVERSITY OF ARKANSAS, FAYETTEVILLE
AND
CITY OF FAYETTEVILLE, ARKANSAS
REGARDING
PLACEMENT OF NATURAL GAS SERVICE LINE TO BE OWNED, OPERATED AND
MAINTAINED BY THE UNIVERSITY OF ARKANSAS
IN PUBLIC RIGHT OF WAY IN THE CITY OF FAYETTEVILLE, ARKANSAS
WHEREAS, the University of Arkansas, Fayetteville, Arkansas (The University) is
located within the city limits of the City of Fayetteville, Arkansas; and
WHEREAS, the City of Fayetteville owns and maintains certain streets and alleys
throughout the University Campus; and
WHEREAS, the University owns and maintains certain private utilities to support
campus operations; and
WHEREAS, the University has developed a project to install, maintain and operate
approximately 5,300 linear feet of 6 -inch high pressure natural gas service line, beginning in the
1500 block of Nettleship Street and terminating at the University Central Heating Plant located at
870 West William; and
WHEREAS, approximately 2,400 linear feet of this natural gas service line is required to
be laid within or cross public right of way along the route; and
WHEREAS, the University has a goal to reduce its carbon footprint by 32,000 MT CO2e
by 2021, with the installation of the natural gas service line and other associated planned
upgrades to its Central Heating Plant; and
NOW THEREFORE, the University and the City of Fayetteville, Arkansas agree that the
proposed 6 -inch natural gas service line installation shall be implemented and maintained in
accordance with the following stipulations.
STIPULATIONS
I. CONSTRUCTION AND MAINTENANCE PLAN
The University will hire a contractor to install approximately 5,300 linear feet of 6 -inch
high pressure natural gas service line; some of which will be laid within or cross public
right of way, as shown in Appendix A.
The following list includes all conditions to lay, construct, equip, operate, repair and
maintain a private natural gas line in public right of way for purposes of supplying
natural gas to the University Central Heating Plant:
a) The existing right of way owned by the City of Fayetteville shall not be
unnecessarily and unreasonably impaired or obstructed without prior written
consent of the City of Fayetteville.
b) No fees or charges of any kind shall be imposed by the City of Fayetteville upon
the University for the breaking or opening of any highway, street, road, sidewalk,
or other public places for the construction and/or maintenance of the natural gas
line. The University, however, shall be responsible to complete all repairs
incurred as part of the construction and maintenance of the gas service line
substantially consistent with the established specifications and standards of the
City of Fayetteville.
c) The University's contractor shall at all times keep and display the necessary
danger signals and property guards around all excavations and obstructions and
shall keep sufficient space in good condition for the travel of vehicles on at least
one side of all excavations and obstructions; and soon as practicable, restore all
openings on the highway, street, road, sidewalk, or other public places to
condition equally as good as before said openings or obstructions were made.
Anything to the contrary notwithstanding, if the University or its contractor needs
to close a lane or roadway, either partially or in whole, to construct or to repair the
gas service line at any time during the life of this Memorandum of Agreement,
then the University or its contractor shall give notice to the City, and the City
must give approval for any such closure in advance. The City agrees to cooperate
and respond to such requests in a timely manner.
d) The University and its contractor shall do no injury to any highway, street, road,
sidewalk, or other public places except as specifically allowed, nor with any
public or private sewer or drainage system, or water lines, now or hereafter laid or
constructed by the City of Fayetteville or by any authorized person or corporation;
but no sewer or water pipes, electric conduits, telephone or TV cables shall be so
laid as to interfere unnecessarily with the gas service line, which gas service line
2
shall have been laid prior to the time of laying such electric conduits, telephone
and TV cables, sewer or water lines.
e) Pursuant to Article XII, Section XII of the Arkansas Constitution, the University
may not enter into a covenant or agreement to hold the City harmless or to
indemnify the City from prospective damages. However, with respect to loss,
expense, damage, liability, claims or demands, either at law or in equity, for
actual or alleged personal injuries or property damage arising from work
performed under this Memorandum of Agreement by the University and not from
the negligence or willful misconduct of the City or its employees, representatives,
agents or subcontractors, the University agrees with the City that: (a) the
University will cooperate with the City in the defense of any action or claim
brought against the City seeking the foregoing damages or relief; (b) the
University will in good faith cooperate with the City should the City present any
claims of the foregoing nature against the University to the Claims Commission
of the State of Arkansas; (c) the University will not take any action to frustrate or
delay the prompt hearing on claims of the foregoing nature by the Claims
Commission and will make reasonable efforts to expedite any such hearing;
provided, however, the University reserves its right to assert in good faith all
claims and defenses available to it in any proceeding in the Claims Commission
or other appropriate forum. The obligations of this provision shall remain in
effect so long as the University operates the gas service pipeline.
f) The University and/or its contractor shall furnish promptly to the City of
Fayetteville's proper authorities or the Arkansas One Call system any and all
information which may be asked for by them in regard to the size, location or
depths of any of the pipes, mains, conduits, or service pipes, in any form
whatsoever, and any other information in regard to its occupation of roads,
highways, streets, or public grounds of the City of Fayetteville, which they may
demand. The City of Fayetteville shall not be liable for any costs to repair
damaged gas service line if the line is not marked or located for future roadway,
utility or other construction completed by or on behalf of the City of Fayetteville,
if the gas line was not located and marked in the field in accordance with state
law.
g) Where the gas service line is installed within the City of Fayetteville's designated
public right of way using an open cut trench, the trench for the gas service line
installation in such location must be filled with Class 7 base course for the entire
depth. The Class 7 base course shall be installed in maximum "loose" lifts of 8
inches and compacted to 98% modified proctor density. Pavement repairs in
areas under existing pavement shall be substantially consistent with the City's
specifications and details.
h) Subject to the review and approval of the City of Fayetteville, sections of the gas
service line installed within the City of Fayetteville's designated public right of
way at depths exceeding 5 feet below undisturbed cover by use of horizontal
directional drilling or conventional horizontal boring, shall not require any above
grade remediation.
3
i) The minimum depth of cover over the gas service line shall be 4 feet below
existing grade except as noted below.
j) For the section of the gas service line piping identified to be within the work
boundary between Stations 23+00 and 28+00 inclusive, as detailed in the 30%
Stadium Drive Realignment Drawings dated December 17th, 2014, designed for
the University by McClelland Consulting Engineers, Inc., the minimum depth of
cover over the gas service line shall be 4 feet below the existing grade shown or 4
feet below proposed grade, whichever is greater.
k) Reports detailing work undertaken pursuant to the terms of this Memorandum of
Agreement (MOA) shall be submitted weekly by the University for review by the
City Engineering Division. Such reports shall include any proposed changes and
problems encountered in the efforts to carry out the terms of this MOA. The City
also reserves the right to visit the project site at any time to ensure that work
conducted meets standards as set forth in the MOA.
1) Should the City of Fayetteville make any improvements to the roads, highways,
streets, or public grounds within the limits of this MOA and the natural gas
service line is in conflict with the improvements such that the improvements
cannot be executed or it places the service line at risk, and the natural gas service
line is determined to be within existing right of way owned by the City, then the
University, at no cost to the City, shall relocate the natural gas line so as not to
interfere with such improvements. Conversely, if any improvements to the roads,
highways, streets, or public grounds which are in conflict with the location of the
natural gas service line are outside existing right of way owned by the City as of
the date of execution of this MOA noted below, the party responsible for the
improvements shall be financially responsible for the service line relocation.
II. DURATION
This MOA will only expire if ownership of the natural gas service line is transferred
to a utility that has a franchise agreement in place with the City of Fayetteville.
III. TRANSFER
This MOA shall not be transferable unless approved in writing by the City of
Fayetteville and the Board of Trustees of the University of Arkansas.
IV. AMENDING THE MEMORANDUM OF AGREEMENT
Should any of the signatories to this MOA believe that the terms of this MOA are not
being met, or cannot be met, that party shall immediately notify the other signatories
and request consultation to amend this MOA. The parties agree to act in good faith to
resolve any issues incurred over the term of the MOA, consistent with any applicable
laws, codes or ordinances, and with accepted professional engineering practice. The
process to amend this MOA shall be conducted in a manner similar to that leading to
the execution of this MOA.
H
V. TERMINATING THE MEMORANDUM OF AGREEMENT
This MOA shall not be terminated except by the authorized respective representatives
of the City of Fayetteville and the Board of Trustees of the University of Arkansas.
VI. COUNTERPARTS AND SIGNATURES
This MOA may be executed in one or more counterparts, each of which shall be
considered one and the same document. The parties agree that copies of faxed or PDF
copies of the signature pages shall be deemed a valid and binding upon each of them.
VII. GOVERNING LAW
This MOA shall be governed and construed under the laws of the State of Arkansas
without regard to its choice of law principles. By entering into this MOA, neither the
City nor the University waive any immunities to suit that are or may be available to
either of them or their respective officials, trustees, representatives or employees.
SIGNATORIES
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR THE
UNIVERSIT OF ARKANSAS, FAYETTEVILLE, ARKANSAS
Ann Kemp (Date)
Vice President for Administration
CITY OF FAYETTEVILLE, ARKANSAS
%orei'
d (Date)
Mayo , The Ci of Fayetteville, Arkansas
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