HomeMy WebLinkAbout111-81 RESOLUTION•
RESOLUTION NO. /1/-!)
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK AND
THE CHAIRMAN OF THE WATER AND SEWER COMMITTEE TO EXE-
CUTE AN AGREEMENT FOR ELIGIBLE REIMBURSABLE ADJUSTMENT
COSTS FOR RELOCATION OF WATER AND SEWER FACILITIES IN
CONNECTION WITH ARKANSAS STATE HIGHWAY AND TRANSPORTATION
DEPARTMENT JOB Z-142-3 (NORTH STREET CULVERT).
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute on behalf of the City '
an agreement covering eligible reimbursement adjustment costs
for the relocation of water and sewer facilities in connection
with Arkansas Highway and Transportation Department Job Z-142-3
(North Street culvert). A copy of the agreement authorized
for execution hereby is attached hereto marked Exhibit "A"
and made a part hereof.
Section 2. That the chairman of the water and sewer
committee is hereby authorized and directed to execute the
aforesaid agreement on behalf of the Fayetteville Water and
Sewer Department.
PASSED AND APPROVED this 3,njj day of y79Up &) , 1981.
APPROVED:
ATTEST:
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CITY CLERK.
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Project No.
FAUS
CITY -UTILITY
THE CITY
AC x
LS
RELOCATION AGREEMENT
Between
OF FAYETTEVILLE
And
FAYETTEVILLE WATER & SEWER DEPARTMENT
Z-147-3
M-5089 (41
THIS AGREEMENT, made and entered
19_, by and between the City of Fayetteville
and through its duly authorized officials, hereinafter referred
the Fayetteville Water & SewerJDegartment , Of Fayetteville. Arkansas ,
acting by and through its duly authorized representatives, hereinafter referred to as
the "Owner",
Location
North Street Culvert
(Fayetteville)
into this3j day of 1/0-L.,12,4-4/4-----)
, Arkansas, acting by
to as the "City", and
WITNESSETH:
WHEREAS, Section 106 of the Federal -Aid Act of 1970 and Section 109 of the Federal -
Aid Highway Act of 1973, authorized the establishment of a Federal -Aid Urban System in
urban areas over 5,000 population, and WHEREAS, the "City" in the interest of public
safety, convenience, and welfare proposes to make certain city street improvements under
the aforesaid Federal -Aid Urban System at the location specified herein, and in accor-
dance with the plans and specifications for Project No. 7_147_-; ; and WHEREAS, the
"City" has applied and received approval for federal aid under the Federal -Aid Urban
System Project No. M-5089 (41 ; and
WHEREAS, in order for the "City" to be eligible for federal aid for utility ad-
justments, the utility adjustments must be performed and reimbursement made in accordance
with the Arkansas State Highway Commission's "Statement of Policy on the Accommodation
and Adjustment of Utilities on Arkansas State Highway Right of Way and Property", in-
corporating Federal Law and Regulations, applicable to Federal Aid Projects, including
Policies and Procedures Memorandums 30-4 and 30-4,1, issued by the U, S, Department of
Transportation, Federal Highway Administration, November 29, 1972, and June 29, 1973,
respectively, as amended and supplemented and by which this reference is hereby made a
part of this agreement with the same force and effect as if attached hereto or recited
herein; and
WHEREAS, in order to assure implementation of these Federal Rules and Regulations,
whereby the "City" may qualify for Participating Federal Funds, the "City" has requested
that the Arkansas State Highway and Transportation Department, hereinafter referred to
as the "Department" assist the "City" by providing technical assistance for cost estimate
and plan approval, and for making the contractural arrangements between "City" and
"Owner", for processing billing for reimbursement to "Owner" from, "City" and Federal
funds. Any reference to the "Department" shall mean that the "Department" is acting for
or on behalf of the "City".
11,
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WHEREAS, the proposed street improvement necessitates the adjustment, relocation,
and/or approval of the proposed locations of certain facilities of "Owner" as described
in the following description of work.
See Exhibit "A", attached.
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 here-
to and made a part hereof; and
WHEREAS, the "City" desires to implement the herein described utility adjustments
or relocation, after appropriate approval by the "Department", for the proposed utility
construction of "Owner" by entering into an agreement with said "Owner".
NOW, THEREFORE, IT IS HEREBY AGREED
1. "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 per-
formed with "Owner's" forces unless it is stated in the attached statement 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 accordance with the requirements of
PPM 30-4 as approved by the "Department" and determined 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 a 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 material to be installed or removed, shall have prior approval of the
"Department" and "City" before any such change is initiated if any additional costs of
such changes are to be eligible for reimbursement.
2. "Owner" hereby certifies, and "City" concurs therein, that "Owner" possesses a
real property interest at law in the locations of its existing facilities on which reim-
bursement for the functional replacement of all or a pro rata part thereof is to be paid
by "City" by reason of "Owner's" holding a compensable property interest.
3. "Owner" and "City" have determined that, unless set out in the estimate of_
cost, a credit for expired service life of the existing facility being replaced is not
due the project for the reason or reasons checked as follows:
_ (A) The existing facility is being adjusted without a replacement facility
being constructed.
project.
(B) The replaced facility involves only a line crossing or crossings of the
be
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3-8-78
x (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 capabilities
of the facility. .
4. The "Owner" and "City" have determined that the utility adjustment and/or
construction 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 cost if payment to be "lump sum") is estimated
in the amount of $ 10,065.50 of which $ 10,065.50 is estimated to be the
eligible reimbursable amount 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 allocation between "Owner" and "City" to be followed in billing
and payment stages is as set out in the attached summary and allocation of estimated
cost, Exhibit "A".
5. "Owner" shall accent as full reimbursement for work hereunder the amount de-
veloped or accumulated as eligible actual and related indirect cost in accordance with
the following designated accounting procedure;
A. A work Order System prescribed by the applicable
Regulatory Agency for actual cost payment.
B. x A system developed and used by "Owner" and
"Department" for actual cost payment.
C. The estimated lump sum reimbursable amount (not over
as a firm commitment agreed as representative of the,
reasonable total reimbursable costs for all required
work.
accepted by the
$10,000.00)
actual and
adjustment
"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.
6. "Owner" shall not begin the adjustment work until authorized by the "City",
and shall exercise due diligence to begin the work within 30 days and to
complete such work within 30 days thereafter and in a manner as will result
in no avoidable interference or delay to the construction work or in the adjustment
of "Owner's" facilities.
7. "Owner" shall be responsible for any and all hazards to persons, property
and traffic, and shall save the "Department" and "City" 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
of servicing work on facilities constructed under this 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.
8. Unless reimbursement is to be according to lump sum procedure (5.C), "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 inspection 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 reusable salvage value of all removed
material returned to reusable materials stores.
9. If requested by "Owner" in writing, "Department" on behalf of "City" shall
make intermediate progress payments of 90 percent of eligible billed costs for utility
work hereunder, at no more than monthly intervals, upon receipt of certified statements
in four (4) copies for periodic unpaid costs, provided the intermediate billed 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.
10. "Owner" shall, upon completion of the adjustment and acceptance by the
"Department", on behalf of the "City", submit to "Department" a complete and final bill
with supporting detail in four (4) copies covering all billed amounts, including inter-
mediate 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 completed by
"Owner" for acceptance by "Department" on behalf of the "City" upon being certified
correct by "Department's" Engineer.
11. The "Department", upon receiving from "Owner" the final billing documents
complete as listed next above, shall reimburse "Owner" on behalf of the "City" 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 "Department" shall make initial or semifinal payment to "Owner" for the work in the
amount of 90 percent 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 reimbursement to the
"Owner" shall not exceed the total amount found eligible for reimbursement as reflected
by an audit (performed by the "Department" or the Federal Highway Administration pur-
suant 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 (5.C) is
indicated herein then initial and final payment shall be made for 100 percent 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 "City's"
reimbursement obligations hereunder.
I
12. Notwithstanding anything hereinbefore written, neither, the "Owner" nor the
"City" 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 instrument to be executed
in triplicate by their duly authorized representatives the date herein above written.
FAYETTEVILLE WATER AND SEWER CITY OF FAYETTEVILLE
DEPARTMENT
ii.{1 44/0(2 L -,0r0
Title Title
«N - , v., 1.494,t -
Title Title
Job Z-142-3 (Utilities)
EXHIBIT "A"
CITY OF FAYETTEVILLE
AND
FAYETTEVILLE WATER & SEWER DEPARTMENT
CITY -UTILITY RELOCATION AGREEMENT (ATTACHMENT)
WORK DESCRIPTION & ALLOCATION OF COSTS
In order to clear construction of the North Street box culvert, the Fayetteville
Water and Sewer Department proposes to cut and plug a.12 inch water line on both
sides of the culvert location during construction of the new box culvert and upon
completion of construction, to replace and reconnect the water line on top of the
new box. Approximately 100 feet of an existing 8 inch sanitary sewer line is to
be relocated to clear the construction. Two new manholes are to be constructed.
The water line adjustment will be done by force account. The sewer line adjust-
ment will be let to contract.
City utility facilities located on city streets are considered eligible for 100%
reimbursement.
SUMMARY OF COSTS
Total Water Adjustment Cost
Total Sewer Adjustment Cost
$ 4,665.50
$ 5,400.00
Total Estimated Adjustment Cost $10,065.50 (100%Reimbursable)
ALLOCATION OF COSTS
25% City Funds
75% Federal Funds
Total Estimated Reimbursable Cost
$ 2,516.38
$ 7,549.12
$10,065.50
ARKANSAS STATE HIGHWAY •
AND
TRANSPORTATION DEPARTMENT
Henry Gray, Director
Telephone (501) 569-2000
Mr. Donald L. Grimes
City Manager
City of Fayetteville
Post Office Drawer F
Fayetteville, Arkansas 72701
Dear Mr. Grimes:
October 21, 1981
P.O. Box 2261
Little Rock, Arkansas 72203
RECEIVED%
OCT 221981
CITY MANAGERS OFFICE
CITY OF FAYETTEVILLE
Job Z-142-3 (Utilities)
ARK M-5089 (4)
North Street Culvert
(Fayetteville)
Washington County
We have reviewed and approved the proposed adjustment plans of the Fayetteville
Water and Sewer Department for relocation of the water and sewer facilities on
the above referenced project.
An agreement covering the eligible reimbursable adjustment costs between the City
of Fayetteville and the Fayetteville Water and Sewer Department has been prepared
by the Department. The original and five (5) copies of this agreement are enclosed
for your review and concurrence.
If this agreement meets with your approval, please have the instruments executed by
the Fayetteville Water and Sewer Department and the City and return the original
and two (2) copies to this office for our further handling. One extra copy is pro-
vided for the City and the Water and Sewer Department to have as a temporary file
copy until the approved copies are returned with,our authorization for you to issue
the Work Order Letter.
The adjustment work should not be started until work authorization is received
from this office.
JEM/meg
Enclosures
cc: Office Engineer
District Engineer
Resident Engineer
FAP File
Yours
truly, /TY
-27k
Arthur T. Watt
Chief, Utilities Section
Right of Way Division
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4171.74 -1
Ff•
FAYETTEVILLE; ARKANSAS
P. 0. DRAWER F
Mr. Arthur T. Watt
Chief, Utilities Section
Right of Way Division
Arkansas State Highway and
Transportation Department
P.O. Box 2261
Little Rock, AR 72203
RE: Job Z-142-3 (Utilities)
ARK M-5089 (4)
North Street Culvert
(Fayetteville)
Washington County
Dear Mr. Watt:-
71701
November 17, 1981
alom
p01i s11 -n00
Please find enclosed the original and two copies of the above
named agreement between the City of Fayetteville and the Fayetteville
Water and Sewer Department which was requested in your letter dated
October 21, 1981. This was approved by the Fayetteville Board of
Directors at their November 3, 1981 meeting.
If I may be of further help in this matter, please advise.
Enclosures (3)
cc: City Manager Don Grimes
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Sincerely,
Vivian Koet'tel
.City Clerk
Extension 347