HomeMy WebLinkAbout124-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Resolution: 124-19
File Number: 2019-021
ARKANSAS DEPARTMENT OF TRANSPORTATION:
A RESOLUTION TO APPROVE A UTILITY CONSTRUCTION/RELOCATION AGREEMENT
WITH THE ARKANSAS STATE HIGHWAY COMMISSION FOR THE RELOCATION OF
UTILITIES REQUIRED BY THE WIDENING AND IMPROVEMENT PROJECT ON
HIGHWAY 16 BETWEEN COLLEGE AVENUE AND HUNTSVILLE ROAD AT A TOTAL
ESTIMATED COST OF $2,349,078.66, WITH THE CITY OF FAYETTEVILLE'S PORTION
ESTIMATED TO BE $871,978.00
WHEREAS, the Arkansas Department of Transportation has requested utility relocations to prepare
for the widening of Highway 16 from South College Avenue and Huntsville Road at an estimated cost
of $2,349,078.66, 62.88% of which is it estimated that the State of Arkansas would reimburse the
City.
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 authorizes Mayor Jordan
to sign a Utility Construction/Relocation Agreement with the Arkansas State Highway Commission, a
copy of which is attached to this Resolution, for the relocation of utilities required by the the widening
and improvement project on Highway 16 from College Avenue to Huntsville Road, Arkansas
Department of Transportation Job 040579, at a total estimated cost of $2,349,078.66, with the City
of Fayetteville's portion estimated to be $871,978.00.
PASSED and APPROVED on 5/21/2019
Page 1 Printed on 5/22/19
File Number: 2019-0215
Approve,4:
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Attest:
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Lisa Branson, Deputy City
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Page 2 Printed on 5122119
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
it (479) 575-8323
/ Text File
File Number: 2019-0215
Agenda Date: 5/21/2019 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 5
ARKANSAS DEPARTMENT OF TRANSPORTATION:
A RESOLUTION TO APPROVE A UTILITY CONSTRUCTION/RELOCATION AGREEMENT WITH
THE ARKANSAS STATE HIGHWAY COMMISSION FOR THE RELOCATION OF UTILITIES
REQUIRED BY THE WIDENING AND IMPROVEMENT PROJECT ON HIGHWAY 16 BETWEEN
COLLEGE AVENUE AND HUNTSVILLE ROAD AT A TOTAL ESTIMATED COST OF
$2,349,078.66, WITH THE CITY OF FAYETTEVILLE'S PORTION ESTIMATED TO BE $871,978.00
WHEREAS, the Arkansas Department of Transportation has requested utility relocations to prepare for the
widening of Highway 16 from South College Avenue and Huntsville Road at an estimated cost of
$2,349,078.66, 62.88% of which is it estimated that the State of Arkansas would reimburse the City.
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 authorizes Mayor Jordan to sign a
Utility Construction/Relocation Agreement with the Arkansas State Highway Commission, a copy of which is
attached to this Resolution, for the relocation of utilities required by the the widening and improvement project
on Highway 16 from College Avenue to Huntsville Road, Arkansas Department of Transportation Job 040579,
at a total estimated cost of $2,349,078.66, with the City of Fayetteville's portion estimated to be $871,978.00.
City of Fayetteville, Arkansas Paye 1 Printed on 512212019
City of Fayetteville Staff Review Form
2019-0215
Legistar File ID
5/21/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 4/24/2019 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Fayetteville City Staff recommends approval of a construction/relocation agreement with the Arkansas Department
of Transportation related to the Highway 16 East (15th Street) widening and improvement project from S. College
Ave. to Huntsville Rd. ARDOT Project 040579.
Budget Impact:
N/A N/A
Account Number Fund
N/A N/A
Project Number
Budgeted Item? NA
Does item have a cost?
Budget Adjustment Attached?
Current Budget
Funds Obligated
Current Balance
NA Item Cost
NA Budget Adjustment
Remaining Budget
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 45-18, 205-17
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 21, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
CITY COUNCIL MEMO
FROM: Tim Nyander, Utilities Director
DATE: April 24, 2019
SUBJECT: Approval of a construction/relocation agreement with the Arkansas Department
of Transportation related to the Highway 16 East (15`h Street) widening and
improvement project from S. College Ave. to Huntsville Rd. ARDOT Project
040579.
RECOMMENDATION:
Fayetteville City Staff recommends approval of a construction/relocation agreement with the
Arkansas Department of Transportation related to the Highway 16 East (15'h Street) widening
and improvement project from S. College Ave. to Huntsville Rd. ARDOT Project 040579.
BACKGROUND
The Arkansas Department of Transportation has requested utility relocations to prepare for the
widening of Highway 16 (151h Street) from S. College Ave. to Huntsville Rd. (Please refer to
attached plan cover page).
The water and sanitary sewer relocations for this project are estimated to cost approximately
$2,349,078.66, subject to public bidding. The relocations are estimated to be 62.88%
reimbursable to the City of Fayetteville by ARDOT. Based on the estimated cost, this would
result in ARDOT funding $1,477,100.66 and the City of Fayetteville $871,978.00. The actual
costs of construction will determine final contributions from each party. This agreement is
primarily to establish the reimbursable percentage for both parties.
DISCUSSION:
McClelland Consulting Engineers, Inc. was selected for and has completed design of the utility
relocations necessary for this project. Arkansas Department of Health project review and
easement acquisitions are underway, then the project can proceed to bidding.
BUDGET/STAFF IMPACT:
No impact at this time. Funds would be obligated to this project at the time a construction bid
award were presented.
Attachments:
ARDOT Relocation Agreement
Copy of cover sheet ARDOT Plan
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Rev. 08/07/2017
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY - UTILITY CONSTRUCTION/RELOCATION AGREEMENT
State Job No 040486 (Utilities)
040579 (Constr.) County Washington
Federal Aid Project STP -9142(23)
Job Location Colleqe Ave. — Huntsville
Rd. (Sel. Secs.) (Fayetteville) (S)
Route 16 Section 3
Utility Owner City of Fayetteville
TMS AGREEMENT, made and entered into this day of
, 20 16) , by and between the Arkansas State Highway
Commission cting by and through the duly authorized representatives of the Arkansas
Department of Transportation, with headquarters at Little Rock, Arkansas, hereinafter
referred to as the "Department," and the City 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 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 2010-146 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 on Page 4
The Department agrees that the required adjustment is 62.88% eligible for
reimbursement for the total cost which is estimated to be $2,349,078.66 of which
$1,477,100.66 to be paid by the Department and $871,978.00 is to be borne by Owner.
Page 1 of 4
Rev. 08/07/2017 Job 040579
City of Fayetteville
Owner will not commence work until authorized by the Department, and will then
endeavor to begin within 210 calendar days and complete within 180 calendar 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.
Payment will be 100% of lump sum bills and actual cost bills, at the discretion of the
Department a 10% 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
of Uniform Traffic Control Devices as amended and supplemented.
To the extent applicable to this agreement, the Owner shall comply with the Buy
America requirements (as specified in 23 U.S.C. 313 and 23 CFR 635.410). The Owner is
not required to change its existing standards for materials as long as the Buy America
requirements are met. Buy America requirements take precedence over regulations
pertaining to the accommodation or regulation of the Owner's facilities (as specified in 23
CFR 645) on contracts and agreements involving Federal -Aid Highway Program funding
and precedence over regulations which allow the Owner to furnish materials from company
stock (as specified on 23 CFR 645.117(e)). Company Stock materials that do not meet Buy
America requirements may not be permanently incorporated into a Federal -Aid Highway
Program funded project. The Owner must provide a definitive statement that all products
permanently incorporated into the project are covered under the Buy America
requirements. This requirement is fulfilled via proper signature and submission of the
statement of charges form. In some circumstances, a waiver of the Buy America
requirements may be granted by the Federal Highway Administration, to be determined on
a project -by -project basis.
Page 2 of 4
Rev. 08/07/2017
Job 040579
City of Fayetteville
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.
City of Fayetteville ARKANSAS HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS DEPARTMENT of
Name (Typed or Printed)
TRANSPORTATION
(For) Director
Right of Way Division Head
Section Head -Utilities Section
FEDERAL TAXPA �R IDENTIFICATION # K��
`� G••.....RF�4
Name (Typed or Printed) =�: FAYET-rEVILLE�z�i
INN
Signature
Page 3 of 4
Rev. 08/07/2017
EXHIBIT A
Job 040579
City of Fayetteville
Adjust water facilities to clear highway construction by abandoning 4,061 LF of twelve (12)
inch, 1,545 LF of eight (8) inch, and 300 LF of six (6) inch water main complete with
appurtenances. Restore service by installing 5,300 LF of twelve (12) inch and 1,170 LF of
eight (8) inch water main complete with appurtenances.
Adjust sewer facilities to clear highway construction by abandoning 193 LF of six (6) inch
sewer main complete with appurtenances. Restore service by installing 230 LF of eight (8)
inch sewer main complete with appurtenances.
Of the 6,099 LF of main to be abandoned, 3,835 LF is located on private property;
therefore, this work is 3,835 / 6,099 = 62.88% reimbursable. Owner will perform this work
with competitively bid contract forces.
Owner has elected to upsize 1,400 LF of eight (8) inch water main to twelve (12) inch, and
a betterment credit has been given the Department.
Summary of Cost
Construction
$
1,775,000.00
Betterment
($
72,250.00)
Construction Engineering
$
89,672.00
Easement Preparation
$
15,456.66
Easement Cost
$
530,700.00
ROW Acquisition
$
10,000.00
Health Department Review
$
500.00
Total
$
2,349,078.66
Reimbursable Cost $2,349,078.66 X 62.88% _ $1,477,100.66
Page 4 of 4
Rev. 08/07/2017
Job 040579
City of Fayetteville
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.
City of Fayetteville ARKANSAS HIGHWAY COMMISSION
Acting By and Through The
ARKANSA NT of
ANSPORTATION
Vmd
Name (Typed or Printed)
rector
Right of V /(�fy Division Head
Section Head -Utilities Section
� � �"t C � I t� o�. ����nn►���
FEDERAL TAXPAYER IDENTIFICATION # ���GLERK
Name (Typed or Printed) f( =Z: F4VE7TEV/LtF;`u=
qNSN
6qVF_n
Signature
Page 3 of 4
Rev. 08/07/2017
EXHIBIT A
Job 040579
City of Fayetteville
Adjust water facilities to clear highway construction by abandoning 4,061 LF of twelve (12)
inch, 1,545 LF of eight (8) inch, and 300 LF of six (6) inch water main complete with
appurtenances. Restore service by installing 5,300 LF of twelve (12) inch and 1,170 LF of
eight (8) inch water main complete with appurtenances.
Adjust sewer facilities to clear highway construction by abandoning 193 LF of six (6) inch
sewer main complete with appurtenances. Restore service by installing 230 LF of eight (8)
inch sewer main complete with appurtenances.
Of the 6,099 LF of main to be abandoned, 3,835 LF is located on private property;
therefore, this work is 3,835 / 6,099 = 62.88% reimbursable. Owner will perform this work
with competitively bid contract forces.
Owner has elected to upsize 1,400 LF of eight (8) inch water main to twelve (12) inch, and
a betterment credit has been given the Department.
Summary of Cost
Construction
$
1,775,000.00
Betterment
($
72,250.00)
Construction Engineering
$
89,672.00
Easement Preparation
$
15,456.66
Easement Cost
$
530,700.00
ROW Acquisition
$
10,000.00
Health Department Review
$
500.00
Total
$
2,349,078.66
Reimbursable Cost $2,349,078.66 X 62.88% _ $1,477,100.66
Page 4 of 4
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