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HomeMy WebLinkAbout40-78 RESOLUTION• RESOLUTION NO 4a A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SEWER LINE RELOCATION AGREEMENT WITH THE ARKANSAS HIGHWAY DEPARTMENT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized to execute a sewer line relocation agreement with the Arkansas Highway Department. A copy of said agreement, marked Exhibit "A" is attached hereto and made a part hereof. ATTES PASSED AND APPROVED this /� day of APPROVED: C �1u11e� MAYOR CITY CLERK MICROFILMED DATE OC 2 0 1978 REEL Lk 1978. -UC/I@A fev. 12/8/69 3. .s State Job No. ARKANSAS STATE HIGHWAY COMMISSION UTILITIES OWNER AC - CA x AC - UA _ LS - CA _ LS - UA _ NR - A _ SBR HIGHWAY -UTILITY CONSTRUCTION / RELOCATION AGREEMENT 4706 (Utilities) County Wa4hington Federal Aid Project F-011-3 (38) Route 71 Section 17 Job Location Hwy. 112 Interchange (Fayetteville Utility Owner City of Fayetteville Bypass) (Const. Job 4779) yyt',. Sewer Department THIS AGREEMENT, made and entered into this f�" day of 19,7r by and between the Arkansas State Highway Commission, ac ing by nd 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 city of psypttevilla Rewar nopartmnntof Fayetteville 'Arkansas , acting by and through its duly authorized representatives, hereinafter referred to as the "Owner", WITNESSETH: WHEREAS: The "Department", in the interest of public safety, convenience, and en- joyment, proposes to make certain highway improvements at the location and according to the plans and specifications of the "Department" for such work under the job designation as shown above; and as part of the necessary work of such improvements "Owner" must ad- just or relocate certain of its existing utility facilities and/or secure "Department's" approval of the construction and location of certain proposed facilities on the right of way of said highway project, and in connection with such adjustments, relocation,and/or new utility construction "Department" shall participate in the costs of such work to the extent such costs are eligible for reimbursement from State Highway funds and eligible for participation in Federal funds; and WHEREAS: It is understood by the parties hereto that, for the cost of the adjust- ment of "Owner's" facilities to be eligible for participation in Federal Funds, the work must be performed and reimbursement made in accordance with Federal Laws, Rules and Regulations applicable to Federal Aid Projects, including Policy and Procedure Memorandums 30-4 and 30-4.1 issued by the United States Department of Transportation, Federal Highway Administration, November 29, 1972, and June 29, 1973, respectively, as amended and sup- plemented, and which by this reference are hereby made a part of this agreement with the same force and effect as if attached hereto or recited herein; and WHEREAS: The adjustment or construction of "Owner's" facilities shall be eligible for reimbursement by the "Department" in the proportion that the facilities to be adjusted or constructed are located on property in which "Owner" holds a compensable property interest under the Constitution and Arkansas Law, and in accordance with the applicable provisions and requirements of the Policy of the Arkansas State Highway Commission on the Accommodation and Adjustment of Utilities as adopted on August 26, 1970,by Commission Minute Order 70-300, as amended and supplemented, and which by this reference are hereby made a part of this agreement; and such reimbursement shall be in the eligible propor- tionate amount of (or under lump sum payment procedures, the amount representative of) the reasonable and actual cost ofrthe adjustment of "Owner's" existing facilities, less betterments (except that betterments required by the highway construction on eligible facilities may be reimbursed); and MICROFILMED DATE uu 1 A t979 REEL • H-UC/RA Rev. f2/8/69 WHEREAS: Under applicable Arkansas Statutes, "Owner" shall be permitted to use, be on, over, or under land or rights of way held by the "Department", pro- vided that such use or occupancy does not in any way or manner interfere with the public use of such property for highway purposes as provided by Law; and the terms and conditions of such use, in the interest of public safety, convenience and en- joyment, being as defined by "Department" in its regulations; and WHEREAS: Where the new and/or relocated utility facilities referred to herein are located or constructed along, on, or across a fully controlled access highway, the design and future servicing of such facilities must comply with the policy set forth in "A Policy on the Accommodation of Utilities• on Freeway Rights of Way" ad- opted by the American Association of State Highway Officials on February 15, 1969; and in accordance with said policy and requirements thereof, access for servicing any utility facilities located along, on, or across such fully controlled access right of way for normal servicing shall not be from the through traffic roadways or the "on" and "off" ramps of the controlled access highway and shall be limited to access via (a) frontage or service roads where provided, (b) nearby or adjacent public roads, streets or drives, or (c) trails along or near the highway right of way lines and connecting only to an intersecting road, street, or drive, from any one or all of which entry may be made to the outer limits of the controlled access right of way. In a case of emergency where immediate action is necessary for pro- tection of the public and to minimize property damage and loss of investment, "Owner" may at its sole risk and responsibility use the controlled access area as an access route for servicing its utility facilities provided "Owner" uses appropriate safety methods and devices to provide adequate warning and protection to persons and pro- perty of the public, notifies the"Department" as soon as practicable, assumes full responsibility for its operations, including the restoration of highway and utility properties to original equivalent conditions, and saves the "Department" harmless from liability in all respects. Due precaution and care for the protection of the traveling public shall be exercised by "Owner" at any and all times in work on, or servicing of, its facilities due from any cause whatsoever along, on or across the controlled access highway; and WHEREAS: The proposed highway improvement necessitates the adjustment, reloca- tion, and/or "Department's" approval of the proposed locations of certainfacilities of "Owner" as described in the following description of work. See attached EXHIBIT "A", hereby made a part of this agreement, and such adjustment, relocation, or construction being shown in detail in "Owner's" plans, sketches, estimate of cost, and specifications (when applicable) which are attached hereto and made a part hereof; and 1-UC/RA .tev. 1`1/8/69 • WHEREAS: The "Department" desires to implement the herein described utilityad- justments or relocations and approve the proposed utility construction of "Owner" by entering into an agreement with said "Owner". NOW, THEREFORE, IT IS HEREBY AGREED: 1. Where applicable hereunder by reason of new utility occupancy or crossing of highway right of way, "Department" hereby grants to "Owner", without any convey- ance of right, title or property interest, either expressed or implied in or to the highway rights of way or other highway properties, License and Permission to install and operate utility facilities on or across "Department's" rights of way or proper- ties as shown on the approved plans or sketch maps attached hereto and made a part hereof, said License and Permission being subject when applicable to the herein stated conditions; and with the understanding and agreement that if any subsequent change in the highway facility or highway use of the highway right of way necessitates moving or adjusting of "Owner's" utility facilities located on, over, under, or across highway right of way or other highway property under provisions of this Permit, "Owner" shall begin such move or adjustment within ninety (90) days after receiving written request from the "Department", and shall exercise due diligence to complete such work without delay or interference to"Department's" operations; and such move or adjustment of "Owner's" facilities to be at "Owner's" expense except where the "Owner's" facilities required to be removed or adjusted are located on property in which "Owner" holds a compensable property interest under the Law of Arkansas as it exists at the time of such request. 2. Where applicable hereunder by reason of new highway construction on exist- ing utility rights of way, "Owner" hereby grants to "Department" the right to use for highway purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Department's" rights which were subse- quently acquired in the same lands, and which property rights "Owner" shall retain so long as "Owner" (or "Owner's" successors or assigns) continues such use and oc- cupancy and does not abandon, and thereby release, such property interestto"Depart- ment" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" convenience; and the "Department" hereby agrees that "Owner", by granting said right and by said continued joint use and occupancy,does not waive any future claim for reimbursement for adjustment cost as may be eligible for reim- bursement by reason of such prior property interest, nor does "Owner" waive any other legal or property right held under the Law or Constitution of the State or the United States. 3. In the event that future construction, reconstruction, expansion, reloca- tion, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either the "Department or the "Owner" in the area jointly occupied or used under either or both the above provisions of this agreement will disturb, detrimentally affect, interfere, or be inconvenient to the facilities or responsibi- lities 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 pub- lic and to minimize damage to or loss of investment in the property of the "Depart- ment" or the "Owner", 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. 'H-UC/RA Rev. '2/12/76. 1 4. "Department" shall furnish "Owner" a written work authorization to proceed with approved utility adjustments not less than 30 days before starting work on the project, and said authorization shall designate the name and location of the Engi- neer in charge of the project and incorporate this agreement by reference. 5. "Department's" Engineer shall schedule and furnish written notice of the• time and place for a pre -construction conference of representatives of (a) utili- ties affected by the highway project, (b) the highway contractor, and(c) the Engi- neer in charge of the project for the purpose of coordinating the proposed work of each respective party so that each may know the requirements of the others, and "Owner" shall cause a representative with authority to act for "Owner" in schedul- ing and supervising "Owner's" work to attend said conference. 6. "Owner" shall notify "Department's" designated Engineer, at least three days in advance of the date work is to be started, and shall keep the Engineer informed of progress and activity related to the work being performed, and shall furnish notice when the work is completed. 7. "Owner" shall perform the work with "Owner's" forces and/or with contract forces in the manner as set forth in the attached and approved estimate of cost or as set out in an approved supplement or modification of this agreement. The work shall be performed with "Owner's" forces unless itis stated in the attached state- ment of work or a subsequent change request that "Owner" is not adequately staffed or equipped to perform the work with its own forces at the time the relocation work is required, in which case, the work shall be performed with contract forces in ac- cordance with the requirements of PPM 30-4 as approved by the "Department" and deter- mined to be in the best interest of the project. "Owner" shall maintain adequate records and accounts on contracts let and work performed by contract forces to be in position at the actual cost billing stage to support all charges incurred in connection therewith. Any subsequent major change in the plan or scope of work, the method of performing the work, or in the quantities of major items of materials to be installed or removed, shall have prior approval of the "Department" before any such change is initiated if any additional costs of such changes are to be eligible for reimbursement. 8. "Owner" hereby certifies, and "Department" concurs therein, that "Owner" possesses a real property interest in the locations of its existing facilities on which reimbursement for the functional replacement of all or a prorata part there- of is to be paid by the "Department" ashereinaftet set forth, and the damaging or taking of such real property interest by reason of the required adjustment is com- pensable in eminent domain. "Owner" further certifies to holding the right of oc- cupancy in the locations of the existing facilities indicated on the attached plans or sketches as being reimbursable by reason of "Owner's" holding a legally acquired right of way or easement interest, and that such easement or property right ante- dates any rights held by "Department" in the utility locations on which reimburse- ment for adjustment or construction cost is to be paid hereunder. 9. "Owner" and "Department" have determined that a credit for expired service life of the existing facility being replaced 7 / is not due the project as set out in the estimate of cost. If a credit for expired service life is not required, the determination thereof is for the reason or reasons checked as follows: M1i 1-UC/RA .tev. 12/8/69 1 4 _ (A) The existing ity being constructed. _ (B) The replaced the highway project. x (C) Thereplaced line or lines less than one as required by the project, bilities of the facility. _ (D) The replacement facility will not remain in useful service longer than the existing facility would have remained in service had the replacement not been made, and the reasons therefor are set out by explanation in the attached and approved estimate of cost. 10. "Department" finds and agrees that the utility adjustment and/or construc- tion provided for hereunder is 100% eligible for reimbursement to "Owner" for the actual cost, less applicable credits (including but not limited in an audit to those credit items as set out in the attached estimate of cost), and which net actual cost (or representative net actual costif payment to be "lumpsum") is estimated in the amount of $ 47.781.71of which $ .47.781.71 is estimated to bathe eligible reimbursable amount (to be paid by the "Department" and $ _0_ is the estimated nonreimbursable amount (the proportionate share of the cost to be borne by "Owner"); and the basis for such cost proration or al- location between "Owner" and "Department" to be followed in billing and payment stages is as set out in the attached summary and allocation of estimated costs. 11. "Owner" shall accept as full reimbursement for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accord- ance with the following designated accounting procedure: A. _ A Work Order System prescribed by the applicable Regulatory Agency. B. x A system developed and used by"Owner" and accepted by the "Department". C. _ The estimated lump sum reimbursable amount (not over $10,000) as a firm commitment agreed as representative of the actual and reasonable total reimbursable costs for all required adjustment work. "Owner" further agrees to retain said cost records and accounts for inspection and audit for a period of not less than three (3) years from the date of final payment. 12. "Owner" shall not begin the adjustment work until authorized by the "Depart- ment", and shall exercise due diligence to begin the work within 30 days and to complete such work within 60 days thereafter and in a manner as will result in no avoidable interference or delay to the "Department's" construction work or in the adjustment of "Owner's" facilities. 13. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Department" harmless in all respects from any and all losses, damages, or injuries caused by any negligent act or omission by "Owner's" employees or agent performing work under this Agreement or future maintenance or servicing work on facilities constructed under this Agreement; and "Owner" shall, in completing said work,perform cleanup and restoration of appearances of the work area, •including disposal of surplus materials and debris, so as not to leave the work area in an unsafe or unsightly condition. • facility is being adjusted without a replacement facil- facility involves only a line crossing or crossings of facility involves only a segment or segments of utility milein length, and which are without betterments except and without increasing the'functional capacity or capa- 1. Rev. 8/18/71 14. Unless reimbursement is to be according to lump sum procedure ( 11.0 ) , "Owner" shall collect and hold in reserve all unreusable material which is not to be returned to stock and is to be credited to the job at less than the salvage value of reusable materials for inspection by the "Department's" designated Engineer. Failure to furnish written notice to said Engineer of the time and place for in- spection of such material shall make "Owner" accountable for the reusable salvage value of all material disposed of without notice. Credit shall be given for the re- usable salvage value of all removed material returned to reusable materials stores. 15. If requested by "Owner" in writing, "Department" shall make intermediate progress payments of ninety percent (90%) of eligible billed costs for utility work hereunder, at no more than monthly intervals, upon receipt of certified state- ments in four (4) copies for periodic unpaid costs, provided the intermediate bill- ed amount is $5,000.00 or more (except that no intermediate payments shall be made on "Lump Sum" Agreements). No such intermediate payment shall be construed as final settlement for any item included in any intermediate billing. 16. "Owner" shall, upon completion of the adjustment and acceptance by the "Department", submit to "Department" a complete and final bill with supporting detail in four (4) copies covering all billed amounts, including intermediate billing, (except that no detail is required under a "Lump Sum" Agreement). Such final billing shall be certified correct by "Owner" and shall cover the total cost and applicable credits for the adjustment of "Owner's" facilities; and "Owner" shall submit two (2) sets of "as -built" plans representing the adjustment as com- pleted by "Owner" for acceptance by "Department" iipon.being certified correct by "Department's" Engineer. 17. The "Department", upon receiving from "Owner" the final billing documents complete as listed next above, shall reimburse "Owner" for the eligible actual cost, less all applicable credits and prior payments, if any, for making the adjustments in "Owner's" facilities as agreed herein; and in reimbursing "Owner", the "Depart- ment" shall make initial or semi-final payment to "Owner" for the work in the amount of ninety percent (90%) of the eligible reimbursable amount billed. The retained eligible amount (final settlement) shall be paid "Owner" (allowing time for normal processing) after audit of "Owner's" cost records and accounts. "Owner" agrees to refund any and all amounts paid in initial or partial payments found in the audit to exceed the total amount eligible for reimbursement for work hereunder. Total reim- bursement to the "Owner" shall not exceed the total amount found eligible for reim- bursement as reflected by an audit (performed by the "Department" or the Federal Highway Administration.pursuant to PPM 30-4, as supplemented) of. the cost records and accounts of the "Owner" applicable to subject project, except that if the lump sum payment procedure (11.0) is indicated herein then initial and final payment shall be made for one hundred percent (100%) of such agreed lump sum without site audit and without intermediate progress payments; and final payment of said total eligible amount shall satisfy and discharge the "Department's" reimbursement obli- gations hereunder. 18. It is mutually agreed by the parties hereto that theeprovisions of this Agreement pertaining to relative property rights,right of way occupancy permission, access for servicing when applicable, and joint use of rightsof way shall continue in full force and effect from the date of execution, and shall be perpetually bind- ing upon each party's legal representatives, successors or assigns. :v. H-UC/RA Rev. 7-22-77 • • 19. 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. IN WITNESS WHEREOF: The parties hereto have caused this insturment to be executed in triplicate by their duly authorized representatives the date first herein above written. CITY OF FAYETTEVILLE SEWER DEPARTMENT -.:= ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT e. (rector of Highways an Transportation Agir Chief -Right of Way Division .9ccazt.i Chief -Utilities Section Right of Way Division • EXHIBIT "A" "Owner" was in the process of constructing new sanitary sewer facilities on private right of way adjacent to the existing Highway 71 Bypass at the inter- section of Highway 112. "Owner" agreed to defer the sewer construction and submit a plan proposal, designed to clear the "Department's" proposed construc- tion of the Highway 112 Interchange, to be designated Alternate Route "A". Alternate "B" is considered to be the original design which conflicted with the proposed interchange construction. "Owner" has submitted estimated quantities for both Alternatesand the low bid unit prices for Alternate "A". Reimbursement by the "Department" to the "Owner" shall be based on the dif- ference in the actual cost of the two Alternates, derived by applying the low bid unit prices to the"actual" quantities of Alternate "A", and the low bid unit prices to the "estimated" quantities of Alternate "B". This amount shall be paid as a lump sum for construction costs Engineering fees shall be 11.5% of said lump sum amount. Actual right of way costs incurred in construction of Alternate "A" shall be reimbursed. Any additional engineering cost which might be incurred as a result of requests or changes by the "Department" after receiving bids shall be charged on an hourly basis as follows: Principal $35.00 Project Engineer $25.00 Draftsman $15.00 Secretary $15.00 Three-man Survey Party $30.00 SUMMARY OF ESTIMATED REIMBURSABLE COST Construction Cost Engineering Fee @ 11.5% Right of Way Cost $34,781.80 3,999.91 9,000.00 TOTAL ESTIMATED REIMBURSABLE COST $47,781.71 "Owner" shall require the contractor to begin work at approximate Station 9+50 and complete the work to the west before starting any work to the east of said Station unless receiving written permission from the consulting engineer, such permission requiring prior approval of the "Department". The quantity of rock excavation for Alternate Route "B" shall be derived by esti- mation based on the actual quantity of rock and depths encountered in construc- tion of Alternate Route "A", such estimation to be made after the construction is essentially completed. /:y • UNIVERSITY OF ARKANSAS • Vice President for Fiscal Affairs June 6, 1978 Mr. Donald Grimes Manager, City of Fayetteville Administration Building Fayetteville, Arkansas 72701 Re: Sewer Project to Serve the University of Farm and Along Highway 71 Bypass Dear Don: The purpose of this Arkansas to a monetary contract with Jericho, project. 406 Administration Building (501) 575-5101 Fayetteville, Arkansas 72701 RECEI VED JUN 0 c )970 N CITY OFFCER'S OFFICE AYETTL'v1LLE Arkansas letter is to commit the University of contribution to the City of Fayetteville Inc. for the above referenced construction The University of Arkansas previously entered into a contract with Two -Star Construction Corporation to construct a sanitary sewer facility at the Agricultural Experiment Station in Fayetteville. Two -Star was to construct a lift station as part of the contract. However, the University now wishes to assist the City of Fayetteville in constructing the sewer line along the Highway 71 Bypass in lieu of the lift station. The portion of the contract expense which would otherwise go to the lift station will make available funds to con- tribute to the City of Fayetteville for the sewer line to be construc- ted along Highway 71 Bypass. The maximum authorized expenditure for the Two -Star contract was $245,333.00. We have, to date, estimated our cost of the original project to be $170,238.47, leaving an estimated balance available for our contribution in the amount of $75,094.53. In any event, we hereby commit to pay to the City of Fayetteville an amount equal to one-half of the balance of the cost of the new sewer line, to be computed by deducting the contributions by the Arkansas Highway Department and. the property owners from the total cost of the project. In other words, the City of Fayetteville and the University of Arkansas shall make equal payments to the cost of the project, less payments made by the Arkansas Highway Department and the property owners. However, in no event shall the total cost to the University of Arkansas exceed that amount authorized for its original sewer facility contract with Two -Star Construction Corporation, i.e., $245,333.00. At the current time, we estimate our maximum contribution, as stated before, will be no more than $75,094.53. The University of Arkansas is an Equal Opportunity Employer • Mr. Donald Grimes Page 2 June 6, 1978 If this agreement is acceptable to the City of Fayetteville, please so acknowledge by your signature, or that of the appropriate contracting officer for the City of Fayetteville, on the extra copy of this letter, and return it to my office in the self- addressed, stamped envelope. If there are any other details or questions remaining, please let me know. FSV:dm Enc. By :A-um...eC For the City of Fayetteville, Arkansas Sincerely, Fred S. Vorsanger Vice President for Fiscal Affairs • 2 0 8 r3 z. ,Ta %Soo, o-1 7 ?off' 9-0 -Z9a.fa .3L• 72 --02 3 q,81 9,12 - � ¢ ri-3 3 3.0-0 _R O --°7 di,S32.,1"0 C-1-72 — — eovu to _C' Rq ,edLca7-c. n. 3 - 112 G,Z84.os- a.Cxece ueC C Ca�f - /2 s•ao.co X 7:, ri° eat-.?f&ct ) 36 Zed 9-R-(EaCK.de.) - /,Soo.00 P 7.- /soo.o /S 8o -o . 00 lecir 8,7o0.00 029o. So 34.1.2, /GAL fo. .cam 17a, z38.47 rstsCL _O2oF a43,333co X75, og q 7 Gz f',fla uuO s� f l . & (-2i:€) .'/e 20/. acie /3, /0 4. 10 -- �-, 8,40244.062 • 2of 7.29. SG -_.- /2o 2,7.24.so .- . ed._ _S41 D _cO-c-s*.t444.u. --- 34, 7 7/. g a - _ a..ci, 4a u349 99, 91 ,ZBl_37178/.7/ AOn %.'R 44114— 9i� 000 .co o a 30 3 amia O. T. WILLIAMS. JR. L. CARL YATES MCG00DWIN, WH.LIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE. ARKANSAS June 21, 1978 RECEIVED. Re: Improvements to Sewerage System City of Fayetteville, Arkansas Project No. Fy-62 Mr. Arthur T. Watt, Chief Utilities Section, ROW Division Arkansas Highway Department ----Post Office Box"2261' Little Rock, Arkansas 72203 Dear Mr. Watt: JUN 2219Th CITY MANAGER'S oFFIC6' CITY OF. FAYtfl alE: 909 ROLLING HILLS DRIVE FAYETTEVILLE. ARK. 72701 TELEPHONE 443-3404 • In accordance with your request, we have prepared the following information regarding costs which, in our opinion, should be borne by the Arkansas Highway Department relative to the above project. 1. As previously discussed, the Highway Department's share of the construction cost will be the difference between the cost of the amended route, which was the result of proposed highway construction, and the original route. The cost for the amended route will be derived by applying the unit prices bid to the final quantities, which will be deter- mined following completion of construction. The cost for the original route will be derived by applying the unit prices bid to the estimated quantities for the original route, a portion of which will be estimated based on information determined during the construction of the amended route. The estimated Highway Department share of the construction cost is $34,781.80. 2. The Arkansas Highway Department's share of the engineering and inspection costs will be 11.5 percent of the Highway Department's share of the construction cost, which will be derived as outlined above, plus the cost of any additional engineering services resulting from requests or changes by the Highway Department after receiving of bids. These additional costs would be charged on an hourly basis as follows: Principal $35.00 Project Engineer ---- $25.00 Draftsman $15.00 Secretary $15.00 Three-man Survey Party $30.00 MICROFILM") DATE JUL J 6 1979 REEL S Mr. Arthur T. Watt June 21, 1978 Page 2 The total estimated cost for engineering services is $4,300.00. 3. The cost for easements required in the vicinity of the Highway 112 and Highway 71 bypass interchange will be borne by the Arkansas Highway Department. The total acreage required for easements has been estimated to be approximately one acre. The estimated value of the land is $9,000 per acre; therefore, the easement cost is estimated to be $9,000. 4. A portion of the cost for constructing the interceptor sewer along the bypass is being borne by the landowners adjacent to the bypass. Their costs were derived -based on a fixed cost, plus a pro rata --cost based-on-the-total'acreage----As a`result of-the"Arkinsar Highway Department's taking of property owned by Robert Crouch and Lottie Crouch, the participation on the part of these land- owners has been reduced. We feel, since this was a direct result of the proposed interchange construction, that these costs should be borne by the Highway Department. They are estimated as follows: a. Robert Crouch - 4.88 acres @ $99.01/acre --- $483.17 b. Lottie Crouch - 2.12 acres @ $99.01/acre --- 209.90 Subtotal - Reduced Landowner Participation -- $693.07 This summarizes the costs to be borne by the Arkansas Highway Department as we understand them. If we are in error in regard to any of the above items, please contact us and we will try to clear up any misunderstanding. LCY:hk cc: Mr. Don Bunn Mr. Ed Connell Mr. Donald L. Grimes V Cordially yours, L. Carl Yates is fiJUC/RA • Rev. 1-12/8/9 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY CONSTRUCTION-/ RELOCATION AGREEMENT cisifkie AC - CA x AC UA LS - CA_ LS - UA NR - A _ IBR State Job No. 4706 (Utilities) County Washington Federal Aid Project F-011-3 (32) Route 71 Section 17 Job Location Hwy 112 Interchange Utility Owner Fayetteville Water (Fayetteville Hvnass) Const. Job 4779) Water nepartment 74 c THIS AGREEMENT, made and entered into this /7 day ofL�ly 19 7h, by and between the Arkansas State Highway Commission, acing 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 Fayetteville Water Department of Fayetteville ' Arkancac , acting by and through its duly authorized representatives, hereinafter referred to as the. "Owner", WITNESSETH: WHEREAS: The "Department", in the interest of public safety, convenience, and en- joyment, proposes to make certain highway improvements at the location and according to the plans and specifications of the "Department" for such work under the job designation as shown above; and as part of the necessary work of such improvements "Owner" must ad- just or relocate certain of its existing utility facilities and/or secure "Department's" approval of the construction and location of certain proposed facilities on the right of way of said highway project, and in connection with such adjustments, relocation,and/or new utility construction "Department" shall participate in the costs of such work to the extent such costs are eligible for reimbursement from State Highway funds and eligible for participation in Federal funds; and WHEREAS: It is understood by the parties hereto that, for the cost of the adjust ment of "Owner's" facilities to be eligible for participation in Federal Funds, the work must be performed and reimbursement made in accordance with Federal Laws, Rules and Regulations applicable to Federal Aid Projects, including Policy and Procedure Memorandums 30-4 and 30-4.1 issued by the United States Department of Transportation, Federal Highway Administration, November 29, 1972, and June 29, 1973, respectively, as amended and sup- plemented, and which by this reference are hereby made a part of this agreement with the same force and effect as if attached hereto or recited herein; and WHEREAS: The adjustment or construction of "Owner's" facilities shall be eligible for reimbursement by the "Department" in the proportion that the facilities to be adjusted or constructed are located on property in which "Owner" holds a compensable property interest under the Constitution and Arkansas Law, and in accordance with the applicable provisions and requirements of the Policy of the Arkansas State Highway Commission on the .Accommodation and Adjustment of Utilities as adopted on August 26, 1970,by Commission Minute Order 70-300, as amended and supplemented, and which by this reference are hereby made a part of this agreement; and such reimbursement shall be in the eligible propor- tionate amount of (or under lump sum payment procedures, the amount representative of) the reasonable and actual cost of the adjustment of "Owner's" existing facilities, less betterments (except that betterments required by the highway construction on eligible facilities may be reimbursed); and H=i1C/RA's ' Rev. 112/8/69 WHEREAS: Under applicable Arkansas Statutes, "Owner" shall be permitted to u se, be on, over, or under land or rights of way held by the "Department", pro- vided that such use or occupancy does not in any way or manner interfere with the public use of such property for highway purposes asprovided by Law; and the terms and conditions of such use, in the interest of public safety, convenience and en- joyment, being as defined by "Department" in its regulations; and .. WHEREAS: Where the new and/or relocated utility facilities referred to herein are located or constructed along, on, or across a fully controlled access highway, the design 'and future servicing of such facilities must comply with the policy set forth in "A Policy on the Accommodation of Utilities on Freeway Rights of Way" ad- opted by the American Association of State Highway Officials on February 15, 1969; and in accordance with said policy and requirements thereof, access for servicing any utility facilities located along, on, or across such fully controlled access ✓ ight of way for normal servicing shall not be from the through traffic roadways or the "on" and "off" ramps of the controlled access highway and shall be limited to access via (a) frontage or service roads where provided, (b) nearby or adjacent public roads, streets or drives, or (c) trails along or near the highway right of way lines and connecting only to an intersecting road, street, or drive, from any one or all of which entry may be made to the outer limits of the controlled access ✓ ight of way. In a case of emergency where immediate action is necessary for pro- tection of the public and to minimize property damage and loss of investment, "Owner" may at its sole risk and responsibility use the controlled access area as an access route for servicing its utility facilities provided "Owner" uses appropriate safety methods and devices to provide adequate warning and protection to persons and pro- perty of the public, notifies the"Department" as soon as practicable, assumes full responsibility for its operations, including the restoration of highway and utility properties to original equivalent conditions, and saves the "Department" harmless from liability in all respects. Due precaution and care for the protection of the traveling public shall be exercised by "Owner" at any and all times in work on, or servicing of, its facilities due from any cause whatsoever along, on or across the controlled access highway; and WHEREAS: The proposed highway improvement necessitates the adjustment, reloca- tion, and/or "Department's" approval of the proposed locations of certainfacilities o f "Owner" as described in the following description of work. Abandon in place approximately 2,900 feet of existing 8 inch water line and remove 4 fire hydrants to clear the highway construction. Install approximately 3,580 feet of 8 inch water line and 4 fire hydrants to restore the facility. Of the 2,900 feet of water line required to be adjusted, 2,525 feet is located on private right of way establishing a reimbursement factor of 2525/2900 or 87,07% eligibility. The adjustment work will be done by force account; and such adjustment, relocation, or construction being shown in detail in "Owner's" plans, sketches, estimate of cost, and specifications (when applicable) which are attached hereto and made a part hereof; and If-UC/RA", • . Rev. 12/8/69 WHEREAS: The "Department" desires to implement theherein described utilityad- justments or relocations and approve the proposed utility construction of "Owner" by entering into an agreement with said "Owner". NOW, THEREFORE, IT IS HEREBY AGREED: .1. Where applicable hereunder by reason of new utility occupancy or crossing of highway right of way, "Department" hereby grants to "Owner", without any'Convey- ante of right, title or property interest, either expressed or implied in or to the highway rights of way or other highway properties, License and Permission to install and operate utility facilities on or across "Department's" rights of way or proper- ties as shown on the approved plans or sketch maps attached hereto and made a part hereof, said License and Permission being subject when applicable to the herein stated conditions; and with the understanding and agreement that if any subsequent change in the highway facility or highway use of the highway right of way necessitates moving or adjusting of "Owner's" utility facilities located on, over, under, or across highway right of way or other highway property under provisions of this Permit, "Owner" shall begin such move or adjustment within ninety (90) days after receiving written request from the "Department", and shall exercise due diligence to complete such work without delay or interference to "Department's" operations; and such move or adjustment of "Owner's" facilities to be at "Owner's" expense except where the "Owner's" facilities required to be removed or adjusted are located on property in which "Owner" holds a compensable property interest under the Law of Arkansas as it exists at the time of such request. 2. Where applicable hereunder by reason of new highway construction on exist- ing utility rights of way, "Owner" hereby grants to "Department" the right to use for highway purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Department's" rights which were subse- quently acquired in the same lands, and which property rights "Owner" shall retain so long as "Owner" (or "Owner's" successors or assigns) continues such use and oc- cupancy and does not abandon, and thereby release, such property interest to"Depart- ment" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" convenience;and the "Department" hereby agrees that "Owner", by granting said right and by said continued joint use and occupancy, does not waive any future claim for reimbursement for adjustment cost as may be eligible for reim- bursement by reason of such prior property interest, nor does "Owner" waive any other legal or property right held under the Law or Constitution of the State or the United States. 3. In the event that future construction, reconstruction, expansion, reloca- tion, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either the "Department or the "Owner" in the area jointly occupied or used under either or both the above provisions of this agreement will disturb, detrimentally affect, interfere, or be inconvenient to the facilities or responsibi- lities 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. Inacase of emergency, and where immediate action is necessary for the protection of the pub- lic and to minimize damage to or loss of investment in the property of the "Depart- ment" or the "Owner", 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. • • -H-UC/R.A. Rev. 2/12/76 4. "Department" shall furnish "Owner" a written work authorization to proceed with approved utility adjustments not less than 30 days before starting work on the project, and said authorization shall designate the name and location of the Engi- neer in charge of the project and incorporate this agreement by reference. 5. "Department's" Engineer shall schedule and furnish written notice„of the• time and place for a pre -construction conference of representatives of (a) utili- ties affected by the highway project, (b) the highway contractor, and(c) the Engi- neer in charge of the project for the purpose of coordinating the proposed work of each respective party so that each may know the requirements of the others, and "Owner" shall cause a representative with authority to act for "Owner" in schedul- ing and supervising "Owner's" work to attend said conference. 6. "Owner" shall notify "Department's" designated Engineer, at least three days in advance of the date work is to be started, and shall keep the Engineer informed of progress and activity related to the work being performed, and shall furnish notice when the work is completed. 7. "Owner" shall perform the work with "Owner's" forces and/or with contract forces in the manner as set forth in the attached and approved estimate of cost or as set out in an approved supplement or modification of this agreement. The work shall be performed with "Owner's" forces unless itis stated in the attached state- ment of work or a subsequent change request that "Owner" is not adequately staffed or equipped to perform the work with its own forces at the time the relocation work is required, in which case, the work shall be performed with contract forces in ac- cordance with the requirements of PPM 30-4 as approved by the "Department" and deter- mined to be in the beat interest of the project. "Owner" shall maintain adequate records and accounts on contracts let and work performed by contract forces to be in position at the actual cost billing stage to support all charges incurred in connection therewith. Any subsequent major change in the plan or scope of work, the method of performing the work, or in the quantities of major items of materials to be installed or removed, shall have prior approval of the "Department" before any such change is initiated if any additional costs of such changes are to be eligible for reimbursement. 8. "Owner" hereby certifies, and "Department" concurs therein, that "Owner" possesses a real property interest in the locations of its existing facilities on which reimbursement for the functional replacement of all or a prorata part there- of is to be paid by the "Department" as hereinafter set forth, and the damaging or taking of such real property interest by reason of the required adjustment is com- pensable in eminent domain. "Owner" further certifies to holding the right of oc- cupancy in the locations of the existing facilities indicated on the attached plans or sketches as being reimbursable by reason of "Owntr's" holding a legally acquired right of way or easement interest, and that such easement or property right ante- dates any rights held by "Department" in the utility locations on which reimburse- ment for adjustment or construction cost is to be paid hereunder. 9. "Owner" and "Department" have determined that a credit for expired service life of the existing facility being replaced S./ is not due the project as set out in the estimate of cost. If a credit for expired service life is not required, the determination thereof is for the reason or reasons checked as follows: • ..i-1)C/'RA "_ Rev. f2/8/69 _ (A) The existing facility is being adjusted without a replacement facil- ity being constructed. (B) The replaced facility involves only a line crossing or crossings of the highway project. _ (C) The replaced facility involves only a segment or segments of utility line or lines less than one mile in length, and which are without betterments except as required by the project, and without increasing the functional capacity or capa- bilities of the facility. _ (D) The replacement facility will not remain in useful service longer than the existing facility would have remained in service had the replacement not been made, and the reasons therefor are set out by explanation in the attached and approved estimate of cost. 10. "Department" finds and agrees that the utility adjustment and/or construc- tion provided for hereunder is R7 07% eligible for reimbursement to "Owner" for the actual cost, less applicable credits (including but not limited in an audit to those credit items as set out in the attached estimate of cost), and which net actual cost (or representative net actual cost if payment to be "lump sum") is estimated in the amount of $ 41,11g R7 of which $ 17 SAI R4 is estimated to be the eligible reimbursable amount (to be paid by the "Department" and $ s 577 q51 is the estimated nonreimbursable amount (the proportionate share of the cost to be borne by "Owner"); and the basis for such cost proration or al- location between "Owner" and "Department" to be followed in billing and payment stages is as set out in the attached summary and allocation of estimated costs. 11. "Owner" -shall accept as full reimbursement for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accord- ance with the following designated accounting procedure: A. _ A Work Order System prescribed by the applicable Regulatory Agency. B. x A system developed and used by "Owner" and accepted by the "Department". C. The estimated lump sum reimbursable amount (not over $10,000) as a firm commitment agreed as representative of the actual and reasonable total reimbursable costs for all required adjustment work. "Owner" further agrees to retain said cost records and accounts for inspection and audit for a period of not less than three (3) years from the date of final payment. 12. "Owner" shall not begin the adjustment work until authorized by the"Depart- ment", and shall exercise due diligence to begin the work within 15 days and to complete such work within 16 working days thereafter and in a manner as will result in no avoidable interference or delay to the "Department's" construction work or in the adjustment of "Owner's" facilities. 13. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Department" harmless in all respects from any and all losses, damages, or injuries caused by any negligent act or omission by "Owner's" employees or agent performing work under this Agreement or future maintenance or servicing work on facilities constructed under thfs Agreement; and "Owner" shall, in completing said work, perform clean up and restoration of appearances of the work area, including disposal of surplus materials and debris, so as not to leave the work area in an unsafe or unsightly condition.