HomeMy WebLinkAbout222-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 222-20
File Number: 2020-0668
COX ADVANCED SERVICES ARKANSAS, LLC- 2019 TRANSPORTATION BOND
PROJECT:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH COX ADVANCED SERVICES
ARKANSAS, LLC IN THE AMOUNT OF $22,589.70 FOR UTILITY RELOCATIONS FOR
THE ZION ROAD CONSTRUCTION PROJECT, AND TO APPROVE A BUDGET
ADJUSTMENT - 2019 TRANSPORTATION BOND 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 authorizes Mayor Jordan
to sign a contract with Cox Advanced Services Arkansas, LLC in the amount of $22,589.70 for utility
relocations for the Zion Road Construction Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 9/1/2020
City of Fayetteville, Arkansas 113West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
i Text File
File Number: 2020-0668
Agenda Date: 9/1/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 8
COX ADVANCED SERVICES ARKANSAS, LLC- 2019 TRANSPORTATION BOND PROJECT:
A RESOLUTION TO AUTHORIZE A CONTRACT WITH COX ADVANCED SERVICES
ARKANSAS, LLC IN THE AMOUNT OF $22,589.70 FOR UTILITY RELOCATIONS FOR THE
ZION ROAD CONSTRUCTION PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT - 2019
TRANSPORTATION BOND PROJECT
BE IT RESOLVED BV 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 contract with Cox Advanced Services Arkansas, LLC in the amount of $22,589.70 for utility relocations for
the Zion Road Construction Project.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 9/2/2020
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2020-0668
Legistar File ID
9/1/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/6/2020
Submitted Date
Action Recommendation:
ENGINEERING (621)
Division / Department
Approval of an agreement in the amount of $22,589.70 with Cox Advanced Services Arkansas, LLC for utility
relocations for the Zion Road Construction Project and approval of a budget adjustment.
4602.860.7212-5809.00
Account Number
46020.7212
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
4602 - Streets Project 2019 Bonds
Fund
Zion Rd. Improvements
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 4,795,196.00
$ 162,401.48
$ 4,632,794.52
$ 22,589.70
$ 22,590.00
$ 4,632,794.82
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 1, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: August 6, 2020
CITY COUNCIL MEMO
SUBJECT: Approval of an agreement in the amount of $22,589.70 with Cox Advanced
Services Arkansas, LLC for utility relocations for the Zion Road
Construction Project and approval of a budget adjustment.
RECOMMENDATION:
Staff recommends approval of an agreement in the amount of $22,589.70 with Cox Advanced
Services Arkansas, LLC (Cox) for utility relocations for the Zion Road Construction Project and
approval of a budget adjustment.
BACKGROUND:
Zion Road from College Avenue to Highway 265 was included in the previous Transportation
Improvement Bond Program. The first phase of construction between College Avenue and
Vantage Drive was completed in 2008. In 2013, the second phase, between Vantage Drive and
Highway 265, was approved for funding through the bond program. On May 6, 2014, the
Fayetteville City Council approved a contract with MCE. for the design of the second phase of
Zion Road. The design was completed in early 2015, but there were not sufficient bond funds
remaining at the time to fully fund the construction of the project. On July 16, 2019, the Council
approved a contract with NICE to update the plans to include a revised cross section consisting
of a three -lane section with a 10' wide multi -use trail on the north side and a 6' wide sidewalk on
the south side. On July 21, 2020, the Council approved a construction contract with Tri Star
Contractors, LLC for the construction of the project. Construction is scheduled to begin in
September of 2020.
DISCUSSION:
During the development of our construction plans, Cox identified portions of their
communications system that will need to be relocated in order to construct this project. Portions
of these relocations are located outside of the existing city right of way and are typically paid for
by the City. Cox has provided a proposal of $22,589.70 for this relocation.
BUDGET/STAFF IMPACT:
The roadway and drainage improvements ($4,395,109.35 + $220,000.00 contingency) are
funded by the 2019 Transportation Bond Program. There was $4,900,000 allocated in the
Transportation Bond Fund for the Zion Road project. The design and land acquisition of this
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
project were $33,500 and $67,000.00 respectively from this fund. Construction phase services
and materials testing are estimated to be $52,794.00. With this relocation agreement it brings
the current Zion Road project total to $4,790,993.05.
Attachments:
Cox Agreement
Cox Cost Estimate
Vicinity Map
RELOCATION AGREEMENT
THIS RELOCATION AGREEMENT (the "Agreement") is entered into and effective as of
, 2020 ("Effective Date"), by and between Cox Advanced Services Arkansas LLC, with
offices at 4901 South 48th Street, Springdale, AR 72762 ("Cox") and The City of Fayetteville,
Arkansas, a municipal corporation in the State of Arkansas, with an address at 113 West Mountain
Street, Fayetteville, AR 72701, ("City"), each a "Party" or jointly the "Parties" under this Agreement.
WHEREAS, Cox owns, operates and maintains outside plant (fiber and coax cable) as described in
Exhibit A to this Agreement that Cox uses to provide its customers with communication services (the
"Cox Facilities"); and
WHEREAS, City desires that Cox relocate the Cox Facilities as described in Exhibit A for compensation
to Cox under the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein and for good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
SCOPE OF AGREEMENT
The purpose of this Agreement is for Cox to remove the Cox Facilities from telephone and/or electric
company poles detailed in Exhibit A and relocate the Cox Facilities under the terms and conditions of this
Agreement.
1. Term and Termination. This Agreement begins on the Effective Date and shall continue until
the later of (i) December 30, 2021; or (ii) the date upon which Cox completes the installation of the Cox
Facilities and restores the City's property as provided under this Agreement. If this Agreement is
terminated by City prior to completion of the installation, Cox shall be entitled to receive payment for
work completed and any costs incurred as of the date of termination. Cox shall also be entitled to
complete all tasks necessary to ensure continued functionality of the Cox Facilities, and City shall
reimburse Cox for all such work completed and costs incurred.
2. Cox Facilities Removal and Burial. Cox shall remove the Cox Facilities from the poles and
relocate such facilities as described in Exhibit A. Cox may use one or more subcontractors to perform the
work described herein, provided that Cox shall remain responsible for the work performed by such
subcontractors. All work will be performed in a workmanlike manner using industry standards for
applicable work, and in accordance with all applicable laws.
3. Payments, Taxes. Upon completion of the relocation of the Cox Facilities, Cox shall invoice
the City for twenty-two thousand, six -hundred seventy dollars and thirty-nine cents (USD $22,670.32)
(the "Fee"). The City shall promptly pay Cox the Fee to such address as set forth in the Cox invoice. To
the extent any sales tax, transfer tax, use tax, gross receipts tax, excise tax, business and occupation tar, or
other similar Federal, state and local taxes or charges, related to the work performed under this
Agreement shall apply to the Fee, Cox shall be solely responsible for such taxes.
4. Permits. If applicable, Cox will apply for all applicable permits and authorizations to perform
the work contemplated by this Agreement and set forth in Exhibit A. Pending proper application by Cox,
the City shall grant Cox all required City permits at no cost to Cox.
5. Access Rights. The City grants Cox all necessary rights, licenses. and authorizations to place and
otherwise relocate and/or bury the Cox Facilities in the City rights of way as described in Exhibit A to
this Agreement. In addition thereto, Cox shall have the right to access the City rights of way to maintain,
repair, or replace the Cox Facilities as deemed necessary by Cox in its sole discretion. Such rights,
licenses and authorizations shall remain in place for so long as Cox has the Cox Facilities located in the
City rights of way.
6. Title to Cox Facilities. Title. ownership and all use rights in the Cox Facilities shall at all times
remain with Cox. Nothing in this Agreement shall grant the City access to, or any rights in, the Cox
Facilities.
7. Risk of Loss. Cox shall bear the risk of loss to the Cox Facilities unless caused by the negligence
of the City, its employees, agents or contractors.
8. Restoration of City Property. As part of the work to bury the Cox Facilities, Cox shall restore
the ground and landscaping to its original condition, ordinary wear and tear excepted, and shall also repair
any damage to City infrastructure (including, but not limited to, streets, sidewalks, waterlines and sewer
lines) or reimburse the City the reasonable cost of such repairs.
9. Force Majeure. In no event shall either party have any claim or right against the other party for
any failure of performance by such other party if such failure of performance is caused by or is the result
of (i) causes beyond the reasonable control of such other party, including, but not limited to, third party
cable cuts, acts of God, fire, flood, or other natural disaster; (ii) laws, orders, rules, regulations, directions,
or actions of governmental authorities having jurisdiction over this Agreement; or (iii) any civil or
military action including national emergencies, riots, war, and/or civil insurrections ("Force Majeure").
10. LIMITATION OF LIABILITY. EXCEPT FOR THE GROSS NEGLIGENCE OR
WILFULL MISCONDUCT OF COX, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS,
IN NO EVENT SHALL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE OR ENHANCED DAMAGES OF ANY
KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY LOST
PROFITS, LOST SAVINGS, OR BUSINESS HARM) ARISING OUT OF OR RELATING TO
THE WORK SET FORTH IN EXHIBIT A. NOTWITHSTANDING ANYTHING TO THE
CONTRARY, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE
OTHER, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, FOR
ANY AMOUNTS IN EXCESS OF THE AGGREGATE AMOUNTS PAID BY CITY TO COX
UNDER THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
11. Unmarked Utilities. Cox shall have no liability to the City for buried and unmarked equipment
located within the work area where the Cox Facilities shall be located.
12. General Provisions.
A. Attorneys' Fees. If it becomes necessary for either City or Cox to employ an attorney to
enforce compliance with any term or condition of this Agreement, the prevailing Party shall be entitled to
reimbursement from the other Party for reasonable attorneys' fees, as determined by the court, and
reasonable costs and expenses incurred in such enforcement.
B. Notices. All notices shall be in writing and deemed properly given or made upon receipt if
delivered by nationally recognized overnight courier, registered or certified mail, postage prepaid to the
Relocation Aereement
addresses listed above: If to Cox, to the attention of; Michael Moore. Planner III if to the City: Matt
Casey, Engineering Design Manager.
C. Governing Law. This Agreement shall be governed and interpreted in accordance with the
laws of the State of Arkansas.
D. No Third PaM Beneficiaries. Nothing herein shall be construed or interpreted to give any
person other than Cox and City and legal or equitable right, remedy, claim, or defense under or in respect
of this Agreement. There are no intended third party beneficiaries of this Agreement, except as expressly
stated herein.
E. Waiver. A waiver by either Party of a default by the other Party and/or the performance of the
other Party's obligations contained in this Agreement shall not be deemed a waiver of the performance of
any other obligations or of any subsequent default in the performance of the same or any other obligation
contained in this Agreement.
F. Survival. Sections 3, 5, 6, 10, 12 and any other provision which by its nature should survive
termination, shall survive the expiration or tenmination of this Agreement.
G. Entire Agreement, Changes and Modifications. This Agreement constitutes the entire
agreement of the Parties with respect to the subject matter hereof and supersedes all prior and
contemporaneous writings, understandings, agreements, solicitation documents, and representations,
express or implied. This Agreement may be amended or modified only by written documents duly
authorized, executed, and delivered by Cox and the City.
IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this
Agreement as provided below:
City:
The City of
Print Name:
Title:t�vV i) I
Date:
Relocation Agreement
Cox:
Cox Advanced Services Arkansas, LLC
By:
Print Name: /y�ci�i�l a�/Q • /'/eo�B
Title:
Date:
EXHIBIT A
Description of Cox Facilities
SCOPE
Cox will:
• Replace zero point five eight (0.58) miles of aerial coax along and crossing Zion Road at the cost of
$14,718.08 (Coax New Aerial, CNA)
• Replace zero point eight three (0.83) miles of aerial fiber along and crossing Zion Road at the cost of
$24,677.93 (Fiber New Aerial, FNA)
• Replace and transfer riser on one pole at the cost of $371.76 (Coax New Underground, CNU)
COSTS
Nine (9) of the existing seventeen (17) poles are outside of the existing right of way and therefore are
reimbursable with equals 52.94% of total cost of project. Coax cost for this project is $15,079.44. This
include Coax New Aerial (CNA) and Coax New Underground (CNU) as shown on the BOM & Labor
Form. Fiber cost for this project is $24,677.93. This includes Fiber New Underground (FNU) as shown
of the BOM & Labor Form. Engineering fees for this project is $2,903.02 which brings the total for the
project to $42,670.39 of which 52.94% will be reimbursable.
Total reimbursement of this project is $42,670.39 x 52.94% which totals $22, 589.70 of the cost will be
borne by the City of Fayetteville. No arbitrary charges have been included in these costs. Construction
shall begin within thirty (30) days after all parties have signed this agreement, and completion is
anticipated within forty-five (45) to sixty (60) days thereafter.
GENERAL LOCATION DESCRIPTION
This project will consist of replacing aerial coax and aerial fiber attached to Ozark Electric poles running
parallel and crossing Zion Road.
Relocation Agreement
CAPITAL PURCHASE REQUEST JI
CIR #1
Project Name: Zion Relocate
Address: 2295 E Zion Rd 72703
City: FAYETTEVILLE
Type: Tax Code: 357547
Designer:
Planner:
M. MOORE
Date Designed:
- ..
Class Category:
Replacement
Map #:
R350282
Cross Street:
Old Missouri Rd
Tie Point:
FV002
Franchise Code:
Solution #1:
Solution #2:
Solution #3:
Initials Date
FE Approved:
Peer Review:
Oracle Upload:
NMD Mat.
NMD Labor
COAX AERIAL
COAX ING
CNA
CRA
CUA
Chart Type
CNU
CRU
CUU
$10,916,16
Labor Cost
$249.20
$3.801.92
Material Cost
$122,16
0.58
Plant Miles
Strand I Trench
Mileage
$25,346.20
Cost Per Project
Mile
$14.71&08
Estimated Cost
S371.36
# of Units (WP &
Co.)
# of Empty Lots
Abandoned Mileage
PW Mat.
PW i b-
Pule Eval
Total
Subtotal: $39,767.37
Engineering Fee: $2,903.02
Total: t
Customers $22,589.70
Contribution:
FOE MTC
FOE/TOTAL
CA
NAD
NUD
FIBER AERIAL
FNA FRA FUA
$19, 759.22
$4,918.71
0.83
$29.898.91
$24,677.93
Chart Type
Labor Cost
Material Cost
Plant Miles
Strand I Trench
Mileage
Cost Per Project
Mile
Estimated Cost
# of Units (WP &
Com)
# of Empty Lots
Abandoned Mileage
i
J
Total Units Passed:
Empty Lots Passed:
Total Lots & Units:
Estimated Units:
Current RP by Node:
Total RP:
# of New Nodes:
Node Segment:
# of New P/S:
FIBER UIG
FNU I FRU 7 FUU
1 r� i i...•' �rv..� r`�Y �5,'' s.� r': t:.` �y'.g'!'M�%"�•1',�, I1 •i •..�� } i
l4*0 (l�mt�
::-4 �
• ems' �� B, � - — � a z�«� .ai>a6 � � �,.zs ., _ z
30' F/F ' Y 30' F/F MIN.
TYP. SEC. 1" 1� � J n �`• �' � TYP. SEC. "2"��
i•:'r: E l7� _ as Nitn,
F y , rim ' f {
�,,'
11
VARIES
10' TYP. — 30' F/F �TYP.B
i� — - t
MULTI -USE SIDEWALK
TRAIL A CENTER
A
10.
TRAVEL CENTlo'ER TRAVEL 18' WIDE
LANE LANE LANE CURB &
TYPICAL SECTION "1" GUTTER
VARIES
8, VARIES 8'
TY 30' TO 32' TYp,
VARIES VARIES EX.
tio
I I SW
MULTI -USE
TRAIL 10' MIN. 10' 10' MIN.
TRAVEL CENTER TRAVEL 18"WIDE
LANE LANE LANE CURB &
LANE WIDTHS VARY GUTTER
TYPICAL SECTION "2"
:cirroF ZION ROAD IMPROVEMENTS
M FAYETTEVILLE VANTAGE DR. TO CROSSOVER RD.
ARKANSAS 2019 BOND PROGRAM
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 ENGINEERING (621)
2020
Requestor: Matt Casey
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
Approval of an agreement in the amount of $22,589.70 with Cox Advanced Services Arkansas, LLC for utility relocations
for the Zion Road Construction Project and approval of a budget adjustment.
RESOLUTION/ORDINANCE
COUNCIL DATE: 9/1 /2020
LEGISTAR FILE ID#: 2020-0668
Matthew Maddox/
81612020 10:04 AM
Budget Director Date
TYPE: D - (City Council)
JOURNAL #:
GLDATE: 9/1/2020
CHKD/POSTED:
TOTAL - -
v.20200528
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
4602.860.7212-5809.00 22,590 - 46020 7212 EX Improvements - Street
4602.860.7999-5899.00 (22,590) - 46020 7999 EX Unallocated - Budget
H:\Budget Adjustments\2020_Budget\City Council\09-01-2020\2020-0668 BA Zion Rd. Utility Relocations 1 of 1