The URL can be used to link to this page

Home My WebLink About63-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 63-16 File Number: 2016-0098 SOURCEGAS ARKANSAS, INC. UTILITY WORK AGREEMENT: A RESOLUTION TO APPROVE A UTILITY WORK AGREEMENT WITH SOURCEGAS ARKANSAS, INC. IN AN AMOUNT NOT TO EXCEED $167,231.78 FOR THE RELOCATION OF TWO GAS LINES NECESSARY FOR THE EXTENSION OF RUPPLE ROAD FROM MARTIN LUTHER KING, JR. BOULEVARD TO PERSIMMON STREET, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,084.00 WHEREAS, Sweetser Construction, the City's contractor on the project to extend Rupple Road from Martin Luther King, Jr. Boulevard to Persimmon Street has identified two gas lines belonging to SourceGas Arkansas, Inc. that must be relocated out of the construction area; and WHEREAS, Ordinance No. 5542, which was passed and approved on November 20, 2012, waives the requirement of formal bidding on "all such projects necessitated by any road reconstruction or widening projects with SourceGas Arkansas, Inc. within Fayetteville until December 31, 2016". 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 a utility work agreement with SourceGas Arkansas, Inc., in an amount not to exceed $167,231.78 for the relocation of a gas main necessary for the Rupple Road extension from Martin Luther King, Jr. Boulevard to Persimmon Street, and further approves a project contingency in the amount of $25,084.00. PASSED and APPROVED on 3/15/2016 Page 1 Printed on 3116116 File Number: 2076098 Resolution: 6d4 Attest: Sondra C S mi$.E!& E k± Tre ; I(}) « / /\A ' 3S� OGT6 « Page Printed e3lms City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File l File Number: 2016-0098 Agenda Date: 3/15/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 SOURCEGAS ARKANSAS, INC. UTILITY WORK AGREEMENT: A RESOLUTION TO APPROVE A UTILITY WORK AGREEMENT WITH SOURCEGAS ARKANSAS, INC. IN AN AMOUNT NOT TO EXCEED $167,231.78 FOR THE RELOCATION OF TWO GAS LINES NECESSARY FOR THE EXTENSION OF RUPPLE ROAD FROM MARTIN LUTHER KING, JR. BOULEVARD TO PERSIMMON STREET, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $25,084.00 WHEREAS, Sweetser Construction, the City's contractor on the project to extend Rupple Road from Martin Luther King, Jr. Boulevard to Persimmon Street has identified two gas lines belonging to SourceGas Arkansas, Inc. that must be relocated out of the construction area; and WHEREAS, Ordinance No. 5542, which was passed and approved on November 20, 2012, waives the requirement of formal bidding on "all such projects necessitated by any road reconstruction or widening projects with SourceGas Arkansas, Inc. within Fayetteville until December 31, 2016". 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 a utility work agreement with SourceGas Arkansas, Inc., in an amount not to exceed $167,231.78 for the relocation of a gas main necessary for the Rupple Road extension from Martin Luther King, Jr. Boulevard to Persimmon Street, and further approves a project contingency in the amount of $25,084.00. City of Fayetteville, Arkansas Page 1 Printed on 3116/2016 Chris Brown City of Fayetteville Staff Review Form 2016-0098 Legistar File ID 3/15/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/22/2016 Engineering / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of an agreement with Sourcegas in the amount of $167,231.78 plus a contingency of $25,084.00 for utility relocations as part of the construction of the Rupple Road — MLK to Persimmon Project. 4520.9555.5809.00 Account Number 06035.2400 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Transportation Bond Street Improvements Fund Rupple Road (M LK to Persimmon) Project Title Current Budget $ 7,703,808.00 Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 192,315.78 Approval Date: V20140710 CITY OF Tayre eAS MEETING OF MARCH 15, 2016 TO: Mayor and City Council THRU: Don Marr Chief of Staff CITY COUNCIL AGENDA MEMO Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: February 19, 2016 SUBJECT: Agreement with Sourcegas for Utility Relocations on the Rupple Road — MLK to Persimmon Project. RECOMMENDATION: Staff recommends City Council approval of an agreement with Sourcegas in the amount of $167,231.78 plus a contingency of $25,084.00 for utility relocations as part of the construction of the Rupple Road — MLK to Persimmon Project. BACKGROUND: In May 2014, the City Council approved a contract with Jorgensen & Associates, Inc. for design services for the Rupple Road- MLK to Persimmon project. Rupple Road is shown on the City of Fayetteville Master Street plan as a Principal Arterial Parkway from Martin Luther King Blvd. (Highway 62) north to Howard Nickell Road. The street cross section includes four lanes with a 15' wide median, a 12' trail and a 5' sidewalk. Roundabouts are included in the design at the three intersections with the future Collector street locations as shown on the Master Street Plan. On August 18, 2015, the City Council approved a construction contract with Sweetser Construction, Inc. Construction is currently underway and is expected to be complete in the September of 2016. During construction, Sweetser Construction uncovered a 6" high pressure gas main that was not marked during the survey for the project design. City staff has since been working with Sourcegas personnel on the plans to relocate this line out of the construction area. DISCUSSION: Engineering staff recommends approval of this agreement with Sourcegas for $167,231.78 for the relocation of the 6" gas main. Due to the unpredictable nature of construction projects, staff recommends a 15% contingency for unforeseen utility conflicts, an amount estimated to be $25,084.00. Therefore, the total dollar amount Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 recommended to be approved by the City Council is $192,315.78. The existing 6" high pressure gas main is located within a utility easement that was in place prior to the roadway project. Therefor the City's portion of this agreement is for 100% of the relocation costs. BUDGET/STAFF IMPACT: This project is funded by the Transportation Bond Program. Attachments: Sourcegas Agreement Relocation Exhibit 2 DocuSign Envelope ID: 7D697249-01F3-4E19-8271-CEECAC7EEA6A J SuurceGas Arkansas UTILITY WORK AGREEMENT (MUNICIPALITY) Municipality: City of Fayetteville, Arkansas Municipality's Address: 113 West Mountain Street, Fayetteville, AR 72701 Job Location: Rupple Road, between Persimmon St. and Hwy. 62 This Utility Work Agreement ("Agreement") is made and entered into this 15 day of mftfe, ADiLe, by and between City of Fayetteville (hereinafter referred to as "Municipality"), and SourceGas Arkansas Inc. (hereinafter referred to as "SourceGas"). WHEREAS, Municipality proposes to make certain improvements at the location designated above, and as a result of such improvements, SourceGas must adjust, enhance, locate, observe, and/or relocate certain of its existing facilities, or construct additional facilities; and WHEREAS, in connection with Municipality's proposed improvements, Municipality wishes SourceGas to do the following.- Replace ollowing: Replace and lower a 6" steel main for the Rupple Road project starting at - 94.220087 36.051108 and going east to -94.219406 36.051116 for 350 feet. Also replacing 100 feet of 4" pipe at HWY 62 Starting at -94.219454 36.048172 then going east 100' to -94.219043 36.048275 (hereinafter referred to as the "Work"); and WHEREAS, such Work is shown in detail in SourceGas' plans, sketches, estimate of cost, and specifications (when applicable), which are attached to this Agreement and made a part hereof; and WHEREAS, Municipality agrees to pay for the cost of such Work to the extent herein agreed upon. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OTHER VALUABLE CONSIDERATION HEREIN ACKNOWLEDGED, MUNICIPALITY AND SOURCEGAS AGREE AS FOLLOWS: DocuSign Envelope ID:7D697249-01F3-4E19-8271-CEECAC7EEA6A r Arkansas 1. Where applicable hereunder by reason of new utility occupancy or crossing of Municipality's property, Municipality hereby grants to SourceGas an easement or license to install and operate utility facilities on or across Municipality's property as shown on the approved plans or sketch maps attached hereto and made a part hereof. Prior to SourceGas beginning the Work, Municipality will, at no cost to SourceGas, furnish SourceGas with all necessary easements, rights of way and permits. Those easements, rights of way and permits shall release SourceGas from any and all claims for damage done to streets, land, fences, and crops arising out of the performance of the Work. 2. Where applicable hereunder by reason of new construction on existing utility rights of way, SourceGas hereby grants to Municipality the right to use for Municipality's purposes the lands within the limits of the improvement project limits on or across which SourceGas holds a valid property interest antedating Municipality's rights which were subsequently acquired in the same lands, and which property rights SourceGas shall retain so long as SourceGas, its successors or assigns continues such use and occupancy and does not abandon, and thereby release, such property interest to Municipality through removal of facilities in performing the Work or by subsequent removal of facilities for SourceGas' convenience; and Municipality hereby agrees that SourceGas, by granting said right and by said continued joint use and occupancy, does not waive any future claim for reimbursement for any costs as may be eligible for reimbursement by reason of such prior property interest, nor does SourceGas waive any other legal or property right held under the laws or Constitution of the State of Arkansas 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 operated by either Municipality or SourceGas in the area jointly occupied or used under either or both Paragraphs 1 or 2 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 Municipality or of SourceGas, 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. The estimated cost of the Work is $167,231.78. After it has completed the Work, SourceGas will bill Municipality for the actual cost of the Work. Municipality shall pay such invoice within 30 days of Municipality's receipt of the invoice. If Municipality DocuSign Envelope ID: 7D697249-01F3-4E19-8271-CEECAC7EEA6A as Arkansas fails to pay any such invoice within 30 days of receipt, the amount due under the invoice shall accrue interest at the rate of 10 per cent per annum until paid. 5. SourceGas will perform the Work, as described on the first page of this Agreement. SourceGas will endeavor to perform the Work within a reasonable time period, subject to applicable laws, rules and regulations of governmental authorities, and subject to any delay occasioned by lack of right of way, availability of materials and supplies, force majeure or events or conditions of whatsoever nature reasonably beyond SourceGas' control, and further conditioned upon the receipt of all required approvals and consents in form and substance acceptable to SourceGas. SourceGas shall not be obligated to commence the Work unless and until, at no cost to SourceGas, all necessary easements and rights of way have been executed, acknowledged and delivered to SourceGas in a form acceptable to SourceGas. 6. Title to and ownership of facilities which are the subject of the Work shall forever be and remain exclusively and unconditionally vested in SourceGas. Municipality understands, acknowledges and agrees that Municipality shall have no title to, interest in, or ownership of those facilities. 7. It is mutually agreed by the parties hereto that the provisions of this Agreement pertaining to 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 this Agreement, and shall be perpetually binding upon each party, and its representatives, successors and assigns. 8. Municipality and SourceGas acknowledge that there are no agreements or understandings, either written or oral, between the parties related to the Work, other than as set forth in this Agreement, and that this Agreement (including any attachments hereto) contains the entire agreement between the parties regarding the Work. 9. This Agreement shall be governed in accordance with the laws of the State of Arkansas, the rules and regulations of the Arkansas Public Service Commission, and the Tariff of SourceGas. In the event of a conflict between this Agreement and any such laws, rules, regulations or Tariff, such laws, rules, regulations or Tariff shall control. DocuSign Envelope ID: 7D697249-01F3-4E19-8271-CEECAC7EEA6A Source Arkansas 10. In the event SourceGas is required to initiate litigation to enforce the terms and conditions of this Agreement, then SourceGas shall have the right to recover from Municipality SourceGas' costs and expenses of such litigation, including reasonable attorney fees. 11. Municipality acknowledges that it has been afforded an opportunity to have its attorney review and explain the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their duly authorized representatives on the date stated above. SOURCEGAS ARKANSAS INC. DocuSigned by: By: J. JIA c..�ble. FJa ekley 2/9/201b Its: Vice President Operations Eg DocuSigned by: 'i"" A. D'W14'f-'4 6B6788DA4DA447A... EDocuSloned by. fxYi�lV, 66;K FG9R3WWA9405.. 0ocuSigned by: y I re.V 36G937P33WO348A.. DoeuSignpd by: 28C:62A27885A408 a 7 6 518" 12.8T - - - -- 50 .2 TF -2 8211'1! BK.C. P 415 PSIA (D-735 49 cO I' 48 47 . 211 46 z � LUrR'� z 45 44 rrL_�L �.i..+' 43 2i1,. -- 6 Holland Subdivision City of Fayetteville - Purchase Order Request (PO) Requisition Q.: ate: (Nol a Purchase Orden 2122/2016 P.0 Number - All PO Requests shall be scanned to the Purchasing e-mail: Rurrhasing@fayetteville-ar.gov. Purchase shall not be matte until an actual PO has been issued. Vendor $40 #� Vendor Name: Sourcegas Arkansas Inc. Mail �+=s C�ko Legistar#: 2016-0098 Address: PO Box 660559 POB Point: Taxable O$ 2h Expected Delivery Date:. G ilt': Dallas State: TX Zip Code: Ship to code: Quotes Attached 75266-0559 1 [des a.0 Requester: Matt Casey Requester's Employee #: Extension: 2119 444-3429 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project. Sub# Inventory # Fixed Asset # I Utility orations for Rupple Rd. IIVILiC to Persimmon} 1 167,231.78 $167,231.78 4520.9555.5809.00 06035.2400 2 $0.00 3 $0.00 4 WOO 5 $0.00 6 r $0.00 s $0.00 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special Instructions: Subtotal: $167,231.78 Tax: $0.00 Total: $167,231.78 Approvals: Mayor: Department Director: Purchasing Manager: Chief Financial Officer: Budget Director: IT Director: Dispatch Manager: Utilities Manager: Other: riev4serl V2112015