HomeMy WebLinkAbout118-81 RESOLUTION•
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RESOLUTION NO. //ft/
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH SOUTHWESTERN BELL TELEPHONE
COMPANY FOR THE REIMBURSEMENT OF UTILITY RELOCATION
COSTS IN CONNECTION WITH THE RECONSTRUCTION OF A
BOX CULVERT ON NORTH STREET OVER SKULL CREEK.
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 Southwestern Bell Telephone
Company for the reimbursement of utility relocation costs in
connection with the reconstruction of a box culvert on North
Street over Skull Creek. A copy of the contract authorized
for execution hereby is attached hereto marked Exhibit "A"
and made a part hereof. �l
PASSED AND APPROVED this / day of A/y ccs
1981.
: msATTEST:
CITY CERK
CERTIFICATE OF RECORD
'tate of .Arkansas
City of Fayetteville
SS
I, `'i;isn .Iz-Jetted. City Clerk and E; -Officio
•,corder for the City of Fayetteville, do here -
certify that the annexed or foregoing is
cf record in my office and the same ap-
pears in Ordi.:a ncc & Resolution; book
Xyl
at page 427/4 Witness my
handand seal this /C -TA day of
19eri
. zea..
City Clerk and Ex -O icio Recorder
.4-7'8..
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• cir/ co?y,
CITY -UTILITY RELOCATION AGREEMENT
Between
CITY OF FAYETTEVILLE
And
SOUTHWESTERN BELL TELEPHONE COMPANY
Project No. Z-142-3 Location North Street Culvert
FAUS M-5089 (4)
(Fayetteville)
AC x
LS
itu
THIS AGREEMENT, made and entered into this 6 day of SCJ Fit:vWwiJL
1921 , by and between the City ofFayntte•,:11e , Arkansas, acting by
and through its duly authorized officials, hereinafter referred to as the "City", and
the Southwestern Bell Telephone Company r of Little Rock, Arkansas
acting. by and through its duly authorized representatives, hereinafter referred to as
the "Owner",
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. Z-142-3 ; and WHEREAS, the
"City" has applied and received approval for federal aid under the Federal -Aid Urban
System Project No. M-5089 (4) ; 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 Regulationsi 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 :raking 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".
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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 attached EXHIBIT "A." for scope of work and summary of costs;
•
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 approvedestimate of cost or as set
out in an approved supplementor. 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.
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(B) The replaced facility involves only a line crossing or crossings of the
Rev.
3-8-78
_ (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 700% 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 $ 0.643 no of which $ 9,643 on is estimated to be the
eligible reimbursable amount and $ -0- is theestimated 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. x A Work Order System prescribed by the applicable
Regulatory Agency for actual cost payment.
B. _ A system developed and used by "Owner" and accepted by the
"Department" for actual cost payment.
The estimated lump sum reimbursable amount (not over $10,000.00)
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
6. "Owner" shall not begin the adjustment work until authorized by the "City",
and shall exercise due diligence to begin the work within 60 days and to
complete such work within 15* 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.
** 15 day interval relates to temporary work only only which will clear construction site
for culvert construction. Final rearrangement and completion of project will be made
after the construction site has been cleared and is accessable to Southwestern Bell Telephone
Company's contractor At this time it will require 30 working days for completion of
project. .0
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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 intermediatepayment 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
allamounts 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.
,
foR.
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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.
SOUTHWESTERN BELL TELEPHONE COMPANY
791aq .l e.I.(%l l/n_A
TitlerJ
APPRQ\tD AS 70 FOR, 4:
�E ERAL ATTORNEY
DIY. MGR..NNJK. DIST. SERV.
CITY OF FAYETTEVILLE
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Title
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SCOPE OF WORK
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Job Z-142-3 (Utilities)
EXHIBIT "A"
CITY OF FAYETTEVILLE
SOUTHWESTERN BELL TELEPHONE COMPANY
•
CITY -UTILITY RELOCATION AGREEMENT (ATTACHMENT
WORK DESCRIPTION & ALLOCATION COSTS)
The utility has an existing 12 MTD duct run located on top of the existing box
culvert on thenorth edge of North Street. The telephone company proposes to
expose the duct and construct an "H" beam over it and strap the conduit to it
during construction of the new box culvert. Upon completion of the new culvert
the "H" beam and supports shall be removed and the conduit placed in concrete
and reset on top of the new culvert. The existing telephone conduit is located
on city street right of way. The telephone company is claiming 100% reimbursement
of its cost under Arkansas Supreme Court Ruling 271 Ark. 630-1980- pursuant to
the decision of Southwestern Bell Telephone Company versus the City of Fayetteville.
SUMMARY OF COST...,
Total Project Cost 89,643.00
75% Federal Funds
25% City Funds
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FHWA PORTION CITY PORTION
$7,232.25
•
$2,410.75
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-TOTAL-REIMB.
$9;643.00
FAYETTEVILLE, ARKANSAS
F'. O. DRAWER F
Mr. Arthur T. Watt
Chief, Utilities Section
Right of Way Division
Arkansas State Highway and
Transportation Department
P. 0. Box 2261
Little Rock, AR 72203
Dear Mr. Watt:
72701 15011521.7700
December 15, 1981
Job Z-142-3 (Utilities)
ARK M-5089 (4)
North St. Culvert
(Fayetteville)
Washington County
•
Please find enclosed 1 original and 2 copies of the executed contract
between Southwestern Bell Telephone Company and the City of Fayetteville.
If I can be of any further help to you, please let me know.
Ter
Sincerely,
Sherry Rowe
City Clerk
,E214./ --C
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FAYETTEVILLE, ARKANSAS
P. 0. DRAWER F
Mr. Arthur T. Watt
Chief, Utilities Section
Right of Way Division
Arkansas State Highway and
Tranpsortation Department
P. 0. Box 2261
Little Rock, AR 72203
Dear Mr. Watt:
72701 (501 521-7700
December 17, 1981
Job Z-142-3 (Utilities)
ARK M-5089 (4)
North St. Culvert
(Fayetteville)
Washington County
As per our telephone conversation on December 17, 1981, enclosed is an
original executed copy of the agreement between the City of Fayetteville and
Southwestern Bell Telephone Company. Please return a completed executed
original to this office.
%L.• __� ,._...�. 4.4', -nN, ,,. a..,:.K. , :.l
Sincerely,
2
Sherry Rows
City Clerk
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'C,uthwestetSeti
J.P. 46, Part 5A
nate 1115
CUSTOM WORK ORDER NO 2236013
19 61 Location Fayetteville 442 HH-212!biyision and State Arkansas
FA Form SW6151
(7-78)
Plant Installed To Be Owned By SWBT
- Company Plant Retired Owned By SWBT
Company
Nature of Work "
This work is necessary to clear the construction area for a proposed bridge as
planned on Arkansas Highway Department Job # Zi3 (Utilities).
A11 work is 100% reimbursable by the City of Fayetteville under Arkansas Supreme
Court Ruling 271 ARK 630-1980 pursuant to the decision : Southwestern Bell VS
City of Fayetteville.'
t
Authority For Work
Render (sPea1e1
Bin To City of Fayetteville, AR Addfe5s Administration Building Tel No 521-7700
7
Regular 21p
Tel. Tel. No. To Be Billed: After Completion IB On Preliminary Basis 0
To Be_1
1
114
Basis of Billing
Advance
Started
Payment $
Date
Contract
Price $
I Amount
To Be
Other
Completed 7 /30/ 82
Percent of
Com letetl
p/
Date
100
or Actual Cost
Foreman
ate
Item of Material Used
For Use in Estimating Costs
and Plant Retired
Acct.
Cort of
Service Life
pit. Bet -
Description
Qty.
Location
Code
Code
/Fv 'lc
Code
Constr.
Removals
Si Mtce.
Cost of
Plant
Retired
spired
Ratio
Expired
Amount
(D X E)
unexpired
Amount
0 -lox El
Credit
For
Salvage
terments
Credit
Allowed
Total
Estimated
Costs•
A
B
C
D
E
F
G
H
J
K
PC 4" 'B' Duct
1204H-21254c
496.
496.00
4" Plastic Split Duct
500
"
4C
4000•
4,000.00
4" Conduit Adapters
4
11
4C 1000.
1,000.00
2-6 MTD
720
11
4X
1000.
1,000.00
I
8" 'H'
Beam
60
fl
5M 735.
588.00
147.0
_Contract
Labor
I'
5M
3000,
7 c,30..OQ• t
4,-
�_--:
,
Total
x
X
x
10.231
588.00
9.643.00
PREPARED BY: Resp. Code Originating
/570)4 �412r31515121020r0�
APPROVED:
Datj 1
f/.9rf7K-.✓s
APR RSV E
Date
Division Manager
Mattager-is r. Servo hngr. (Design)
11
Chief Engineer
11
Manager
//
General Commercial Manager
1 1
District Manager
/ 1
Vice President and General Manager
/ /
Engineering Operations Manager or Area Architect
l7
Vice President -Mo., Vice President -Texas
11
Engineering Manager
Vice President -Operations
ESTIMATE OF COST
ARK. HWY. DEPT. JOB#Z-142-3 (UTILITIES)
NORTH STREET CULVEFT - FAYETTEVII.LE, ARK.
All work an this project will be carried out on a sealed
bid basis. Sixty days will be required by our company after an agree-
ment has been reached with the State of Arkansas and the City of
Fayetteville for bitting procedures and material. At that time two(2)
weeks are required to secure and protect our cables to clear the
construction site far the bridge construction. Completion of the
project will totally depend on when the bridge construction reaches
a point that our facilities can be restored to a permanent condition.
MATERIAL REQUIRED
TYPE UNIT COST TGTAL
Snap Lock Split Duct 600' $ 2.50 $ 1,500.00
PC 4" B Duct 120' $ .80 $ 96.00
Conduit Adapters 4 (ea.) $225.00 $ 900.00
'H' Beam 60' $ 12.25 $ 735.00
CONTRACT LABOR
All work required
TOTAL
TOTAL COST PROJECT
Resale Value of 'H' Beam $735.00x80%=$588.00
TOTAL BILLING TO CITY OF FAYETTEVILLE
$ 7,000.00
$10,231.00
$10,231.00
-$ 588.00
$ 9,643.00
All work will be carried out on CWO 2236013, which is 100%
reimbursible to this company under Arkansas Supreme Court Ruling
271 Ark. 630-1980 - pursuent to the decision of Southwestern Bell
Telephone Company versus City of Fayetteville.
Roy G. Hawkins
Network Services Supervisor -
Distribution Services Engineering (Design)
1
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CITY -UTILITY RELOCATION AGREEMENT
Between
CITY OF FAYETTEVILLE
And
SOUTHWESTERN BELL TELEPHONE COMPANY
•
•
AC x
LS
Project No. Z-142-3 Location North Street Culvert
FAUS M-5089 (4) (Fayetteville)
THIS AGREEMENT, made and entered into this
y19 , by and between the City of Fw Ptrev;lle Arkansas, acting by
and through its duly authorized officials, hereinafter referred to as the "City", and
the Southwestern Bell Telephone Company f of Little Rock, Arkansas
acting by and through its duly authorized representatives, hereinafter referred to as
the "Owner",
day of
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. Z-142-3 ; and WHEREAS, the
"City" has applied and received approval for federal aid under the Federal -Aid Urban
System Project No. M-5089 (4) ; 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, 5, 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,Cityy" and Federal
funds. Any reference to the "Department" shall mean that,.the"'Departneat" is acting for
or on behalf of the "City".
- ,:_`
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'.e..::�..w+.."'"-.nGdYr...os
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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 attached EXHIBIT "A" for scope of work and summary of costs;
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
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 subsecuent 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.
03) -The replaced Facility involves only a line cro� yor_cr-oss ngsof the
?all' 3-8-78
4
_ (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 $ 9.643 00 of which $ 9.643.00 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. x A Work Order System prescribed by the applicable
Regulatory Agency for actual cost payment.
B. _ A system developed and used by "Owner" and accepted by the
"Department" for actual cost payment.
C. The estimated lump sum reimbursable amount (not over $10,000.00)
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.
6. "Owner" shall not begin the adjustment work until authorized by the'"City",
and shall exercise due diligence to begin the work within 60 days and to
complete such work within 15* 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.
** 15 day interval relates to temporary work only only which will clear construction site
for'culvert construction. Final rearrangement and completion of project will be made
after the construction site has been cleared and is accessable to SOUthwestStn-Bel1 Telephone
Company's contractor At tphis time it will require 30 working days for completion of
project. :�< C
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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.
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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.
.SOUTHWESTERN BELL TELEPHONE COMPANY CITY OF FAYETTEVILLE
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Job Z-142-3 (Utilities)
EXHIBIT "A"
CITY OF FAYETTEVILLE
SOUTHWESTERN BELL TELEPHONE COMPANY
CITY -UTILITY RELOCATION AGREEMENT (ATTACHMENT
WORK DESCRIPTION & ALLOCATION COSTS)
SCOPE OF WORK
The utility has an existing 12 MTD duct run located on top of the existing box
culvert on the north edge of North Street. The telephone company proposes to
expose the duct and construct an "H" beam over it and strap the conduit to it
during construction of the new box culvert. Upon completion of the new culvert
the "H" beam and supports shall be removed and the conduit placed in concrete
and reset on top of the new culvert. The existing telephone conduit is located
on city street right of way. The telephone company is claiming 100% reimbursement
of its cost under Arkansas Supreme Court Ruling 271 Ark. 630-1980- pursuant to
the decision of Southwestern Bell Telephone Company versus the City of Fayetteville.
SUMMARY OF COST
Total Project Cost $9,643.00
75% Federal Funds
25% City Funds
FHWA PORTION
$7,232.25
CITY PORTION TOTAL REIMS.
$2,410.75 $9,643.00