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Home My WebLink About67-79 RESOLUTION• • • • • RESOLUTION NO. (p%-79 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HIGHWAY - UTILITY ACCOMODATION AGREEMENT WITH THE ARKANSAS STATE HIGHWAY COMMISSION FOR THE INSTALLATION OF A STEAM - LINE CASING UNDER HIGHWAY 62 WEST AT RAZORBACK ROAD. MICROFILMED DATE AUG e REEL BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a Highway - Utility Accomodation Agreement with the Arkansas State Highway Commission for the installation of a Steam - Line Casing under Highway 62 West at Razorback Road. A copy of the Agreement authorized for execution hereby is attached hereto, marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this J4 day of APPROVED: 1979. MAYOR 1979 • • • 1 • • 8. p2 ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY ACCOMMODATION AGREEMENT State Job No. 4705 (Utilities) 4835 (Const.) Federal Aid Project F-042-1 (1) Job Location Hwy. 71 Bypass - Garland Avenue • • County Washington Route 62 Section 1 & 1B Utility Owner -City of Fayetteville THIS AGREEMENT, made and entered into this day of" ' " , 1979, by and between the Arkansas State Highway Commission, acting 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 City of 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 and convenience, proposes to reconstruct Highway 62 under the above project designation; and WHEREAS, The "Owner" desires to make provisions for the installation of a 24 inch casing across Highway 62 at Razorback Road in Fayetteville, Arkansas at "Owner's" expense; and WHEREAS, Under applicable Arkansas Statutes, "Owner" may be permitted to use, be on, over, or under the right of way limits of State Highways, providing that such use does not interfere with the public use of such property for highway purposes, and such limits of use being defined by the "Department" in its regula- tions, present and future; and WHEREAS, "Owner" desires that "Department" include the installation of a 24 inch encasement, as specified by "Owner", in the "Department's" basic contract as a "deductive alternate", with "Owner" having the option of accepting or re- jecting the bid: NOW THEREFORE, IT IS AGREED: 1. The "Department's" highway contractor, upon acceptance of the bid amount by "Owner",shall install a 24 inch casing as specified and at the designed location, including the furnishing of all labor and material necessary, at "Owner's" sole expense, at the "Department's" contract bid price. 2. The "Owner" agrees to pay, within 30 days after request by "Department", the actual cost of the bid amount. In the event of any change in the measured quantities of the subject contract item, "Owner" and "Department" agree that supplemental payment shall be made by "Owner" or overpayment refunded by "Department",as applicable, to correctly reflect any cost adjustment due either party by reason of such change in contract unit quantities. • ✓ • esst •W v t":? Title ;;V • 1 3. It is mutually agreed if any delays or unforeseen contingencies not the fault of the "Department" result in any adjustment of the final contract cost for this work item, "Owner" shall bear its proportionate share of such increased cost. • 8.03 • 4. It is understood that this document does not include permission for in- stalling the eight (8) inch steam carrier pipeline. A permit for the placing of the eight (8) inch pipeline shall be issued after receipt of, and approval by, "Department" a permit request with supporting documents and in accordance with applicable Arkansas Law and Regulations of the "Department" at that time. 5. It is expressly understood by "Owner" that "Department" assumes no liability for damage to "Owner's" property through acts of God or damage thereto by the public in its use of said highway. IN WITNESS WHEREOF, The parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the day and year above written. CITY OF FAYETTEVILLE MA4ox • ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Director of Highways and Transportation Chief, Right of Way Division Chief, Utilities Section Right of Way Division ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY ACCOMMODATION AGREEMENT State Job No. 4705 (Utilities) County Washington 4835 (Const.) Federal Aid Project F-042-1 (1) Route 62 Section 1 & 1B Job Location Hwy. 71 Bypass - Utility Owner -City of Fayetteville Garland Avenue TFIIS AGREEMENT, made and entered into this day of , 1979, by and between the Arkansas State Highway Commission, acting 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 City of 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 anld convenience, proposes to reconstruct Highway 62 under the above project designation; and WHEREAS, The "Owner" desires to make provisions for the installation of a 24 inch casing across Highway 62 at Razorback Road in Fayetteville, Arkansas at "Owner's" expense; and WHEREAS, Under applicable Arkansas Statutes, "Owner" may be permitted to use, be on, over, or under the right of way limits of State Highways, providing that such use does not interfere with the public use of such property for highway purposes, and such limits of use being defined by the "Department" in its regula- tions, present and future; and WHEREAS, "Owner" desires that "Department" include the installation of a 24 inch encasement, as specified by "Owner", in the "Department's" basic contract as a "deductive alternate", with "Owner" having the option of accepting or re- jecting the hid: NOW THEREFORE, IT IS AGREED: 1'. The "Department's" highway contractor, upon acceptance of the bid amount by "Owner",shall install a 24 inch casing as specified and at the designed location, including the furnishing of all labor and material necessary, at "Owner's" sole expense, at the "Department's" contract bid price. 2. The "Owner" agrees to pay,within 30 days after request by "Department", the actual cost of the bid amount. In the event of any change in the measured quantities of the subject contract item, "Owner" and "Department" agree that supplemental payment shall be made by "Owner" or overpayment refunded by "Department",as applicable, to correctly reflect any cost adjustment due either party by reason of such change in contract unit quantities. • 3. It is mutually agreed if any delays or unforeseen contingencies not the fault of the "Department" result in any adjustment of the final contract cost for this work item, "Owner" shall bear its proportionate share of such increased cost. 4. It is understood that this document does not include permission for in- stalling the eight (8) inch steam carrier pipeline. A permit for the placing of the eight (8) inch pipeline shall be issued after receipt of, and approval by, "Department" a permit request with supporting documents and in accordance with applicable Arkansas Law and Regulations of the "Department" at that time. 5. It is expressly understood by "Owner" that "Department" assumes no liability for damage to "Owner's" property through acts of God or damage thereto by the public in its use of said highway. IN WITNESS WHEREOF, The parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the day and year above written. CITY OF FAYETTEVILLE ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Title Director of Highways and Transportation Title co? ?)qtYLIAX4L_pa_ CLERK Chief, Right of Way Division Chief, Utilities Section Right of Way Division • ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Henry Gray, Director Telephone (501) 569.2000 July 11, 1979 Mr. Donald F. Grimes City Manager City of Fayetteville City Administration Building Fayetteville, Arkansas 72701 P.O. Box 2261 Little Rock, Arkansas 72203 RECEIVED J U L 1 3 1979 CITY MANAGER'S OFFICE CIN OF FAYETTEVILLE Job 4705 (Utilities) ARK F-042-1 (1) Hwy. 71 Bypass - Garland Ave. Route 62 Section 1 & 18 Washington County Dear Mr. Grimes: Your request to have the Department include the installation of a 24 inch casing on the east side of. Razorback Road at the intersection of Highway 62 in the contract for the referenced project has been reviewed and an agreement prepared in accordance with your proposal. The original and three copies of the agreement are enclosed for your reviewand execution. Please return the signed and witnessed original and two of the copies to this office as soon as possible for further handling. The extra copy is for your temporary file until a fully executed copy of the approved agreement is returned to you. JEM:meg Enclosures cc: Office Engineer Roadway Design Engineer Yours truly, atAider Arthur T. Watt Chief, Utilities Section Right of Way Division