HomeMy WebLinkAbout20-80 RESOLUTION-741
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RESOLUTION NO. 20-80
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT FOR THE RELOCATION OF SEWER LINES
IN CONNECTION WITH IMPROVEMENT TO HIGHWAY 71 BYPASS.
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 an Agreement with the Arkansas State
Highway and Transportation Department for the relocation of
sewer lines in connection with improvements to Highway 71
Bypass in the vicinity of Highway 62 Bypass. A copy of the
Agreement authorized for execution hereby is attached hereto,
marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this //Z'day of
ATTEST:
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CITY°'CLERK
,4,•t SEAL)
PSP/irk
MICROR Mf
DATE II t% 6 1980
REEL _ _
Rev. 12/8/69.
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&2. ,4
mums OYINER
ARKANSAS STATE HIGHWAY COMMISSION
HIGHWAY -UTILITY CONSTRUCTION / RELOCATION AGREEMENT
State Job No. 4706 (Utilities) County
4781 (Const.)
Federal Aid Project FFD -011-3 (45) Route 71
AC - CA x
AC - UA
LS - CA _
LS - UA
NR - A
IER
Washington
Job Location
Hwy. 71 South - Hwy. 16
Section
1!i K 17
Utility Owner City of Fayetteville
(Fayetteville Bypass)(
(Sewer)
r�/i THIS AGREEMENT, made and entered into this __ Z,d y of Q�
1913y, 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 Fayottovillp (4ewerl of
Faypttav;lla f Arkancat , 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" fpcilities 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 cn eligible
facilities may be reimbursed); and
H-Uc/.R.a
Rev. a2/8/69
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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 certain facilities
of "Owner" as described in the following description of work. Abandon approximately
6,757 feet of existing sanitary sewer lines and 30 manholes, and remove three (3)
manholes to clear the highway construction. Restore the function by installing
approximately 6,248 feet of new sanitary sewer lines and construct 30 manholes.
Of the 6,757 feet of existing sewer line to be abandoned, 6,330 feet is located
on private easements; therefore, the adjustment cost is 6330/6757 or. 93.68%
eligible for reimbursement, less applicable credits for betterment and expired
service life. The adjustment work will be done by contract, awarded by bid;
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
.11-UC/RA
Rev. 12/8/69
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WHEREAS: The "Department" desires to implement the herein described utility ad-
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 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, orother 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.
rtL'c/RA
<ev. :/12/76
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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 perforaed, 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 cut in an approved supplement or modification of this agreement. The work
shall be performed with "Owner's" forces unless it is 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 wcrk
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 prorate 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 "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 cr 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 is / =MUM 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:
1-UC/R,A
.tev. 12/8/69 :
ity being
(A) The existing
constructed.
(B) The replaced
the highway project.
(C) The replaced
line or lines less than one
as required by the project,
bilities of the facility.
(D) The replacement
the existing facility
been made, and the reasons
approved estimate of cost.
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 cepa-
than
facility will useful service longer
would have remained in service had the replacement not
therefor are set out by explanation in the attached and
not
remain
in
* 10. "Department" finds and agrees that the utility adjustment and/or construc-
tion provided for hereunder is 93.68% 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 $ 372 792 00 of which $ 349 231.54 is
estimated to be the eligible reimbursable amount (to be paid by the "Department" and
$ 21_96n 46 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
mens", and shall exercise due diligence to begin the work within 30
and to complete such work within 120 days thereafter and in a
will result in no avoidable interference or delay to the "Department's"
work or in the adjustment of "Owner's" facilities.
the "Depart -
days
manner as
construction
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.
*
See attachments for detail of reimbursement.
!-fC/: 1
-Rev. 8/18/71
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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 there -
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" upon 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.C) 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 the provisions 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.
Es -UC/ Rrl
Rev. 72.-22-77
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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)
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Title' C r
ARKANSAS STATE HIGHWAY COMMISSION
Acting By and Through The
ARKANSAS STATE
HIGHWAY AND TRANSPORTATION DEPARTMENT
S. ie
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Director of Highways an Transportation
Chief-Ri-'ht of Way Division
4/02Z , A
Chief -Utilities Section
Right of Way Division