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Home My WebLink About47-83 RESOLUTIONRESOLUTION NO. 27/7-53: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH McCLINTON-ANCHOR CO. FOR THE CONSTRUCTION OF IMPROVEMENTS TO EAGLE STREET. 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 contract with McClinton -Anchor Co. for the construction of improvements to Eagle Street at a total contract price of $98,184.23. A copy oftthe contract authorized for execution hereby is attached hereto, marked Exhibit "A", and made a part hereof. 4 PASSEDAND APPROVED this ..59 day of April, 1983. APPROVED: BY: age:4&eb /e, City Clerk • 1 RESOLUTION NO.. A RESOLUTION AUTHOR ZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRAC WITH McCLINTON-ANCHOR CO. FOR THE CONSTRUCTION OF MPROVEMENTS TO=?Aii‘ANTh BERRY AND EAGLE STREETSc BE IT RESOLVED BY THE OARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City lerk re hereby authorized and directed to exedute a contrac with McClinton -Anchor Co. for the construction of improVemen o 0 e ry and Eagle Streets at a total contract prse of 0 5 0.7 . A copy of the contract authorized for ex4c tion her -y is attached hereto, marked Exhibit -"A", and made rt here f. PASSED AND APPROVED this ay of April, 1983. ATTEST: By: City GI/eIrk ic,r,frobt.ety 34Ay 0 X19e /rv • :1 CONTRACT THIS AGREEMENT, made this llth and between City of Fayetteville (Corporate Name of "Owner," acting herein through its day of April 19 83 8 by Owner) • herein called Mayor (Title of Authorized and McClinton -Anchor a corporation of the State of elaware STRIXE our (a corporation) (NKT • INAPPLICABLE (AnxindlNiztomilvdoittirAxxsinaKKNKK TERMS of Fayetteville „ County of Washington , hereinafter called."Contractor." Official) , and State of Arkansas WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to comnence and complete the construction described as follows: Ninety-Elght Thousand One Hundred Eight hereinafter called the project, for the sum of ar and 23/100 Dollars ($ 98,184.23 ) and all extra work in con- nection therewith, under the terms as stated in the General and Special Con- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superine tendence, labors insurances and other accessories and services necessary to com- plete the said project in accordance with the conditions and prices stated in the Proposals the General Conditions, Supplemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue prints, and Other drawings and printed or written explanatory matter therof, the speci- fications and contract documents therefor as prepared by Mel Milholland herein entitled the AfaMeetfEngineer, and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be epecified in a written "Notice to Proceed" of the Owner and to fully complete the project within 180 consecutive calendar days thereafter. The Contractor further agrees to pays as liquidated damages, the sum of $ 200.00 for each consecutive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions. The OwNER agree e to pay the CONTRACTOR in current funds for the performance of therenotract, subject to additions and deductions, as provided in the General Conditions of the Contract, and to make payments_on account.thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions. IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an Original, in the year and day firat above mentioned.. Secretary-- City Clerk A (1,4417,„ Witness Secretary Witness 16,e4bir „ides CITY OF FAYETTEVILLE Owner Mayor Title Mc UNION- ANCHOR Go, •Dtv op PAC- ARKANSAS, INC Contractor By TiPtiESI DENT P a Bo% CC FAYErrEvatE pit 7c270.2 Address and Zip Codb NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. -23- ARKANSAS WESTERN GAS COMPANY UTILITY CONSTRUCTION/RELOCATION AGREEMENT Property Developer: Community Development Department Address: Fayetteville, Arkansas 72701 Job Location: Eagle Street from Intersection of Garland Street East to Intersection of Leverett Street CD No. ST -82-09 THIS AGREEMENT, made and entered into this 22 1933 , by and between Community Development Dept. , its duly authorized representative, "Developer," and ARKANSAS WESTERN GAS COMPANY, acting by and through its duly authorized representative, hereinafter referred to as the "Owner." day of acting by hereinafter referred to as the /9/X71 - and through WITNESSETH: WHEREAS, the "Developer" proposes to make certain improvements at the location designation as shown above; and as part of the necessary work of such improvements, "Owner" must adjust or relocate certain of its existing facilities, and in connection with such adjustment, or relocation, "Developer" shall partici- pate in the costs of such work to the extent herein agreed upon; and WHEREAS, the proposed improvement necessitates the adjustment and/or relo- cation of certain facilities of "Owner" as described in the following description of work. Relocate approximately 630 LF of 2" gas line that is now located in Eagle Street from Garland Street to Leverett Street along with approximately 156 LF of gas service lines. 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 WHEREAS, the "Developer" desires to implement the herein described utility adjustments or relocations and approve the proposed utility construction of "Owner" by entering into an agreement with said "Owner." NOW, THEREFORE, IT IS HEREBY AGREED: filiwszi;pg of /11. 47,1171.7! 1. Where applicable hereunder by reason of new utility occupancy or 11 "Developer's" property, "Developer" hereby grants to "Owner" a Qr2.6hpotway license and permission to install and operate utility facilities on ;- or across ',Developer's" properties as shown on the approved plans or sketch maps /attached hereto and made a part hereof, and to execute such easements or right- ..., ,.. ‘:-../ LA-, of7way grants as/may be necessary to evidence and record such right of "owner." 4';'() ...el, • 4‘. 2. Where applicable hereunder by reason of new construction on existing utility rights of way, "Owner" hereby grants to "Developer" the right to use for his purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Developer's" rights which were subsequently 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 occupancy and does not abandon, and thereby release, such property interest to "Developer" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" convenience; and the "Developer" 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 reimbursement by reason of such prior pro- perty 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, relocation, rehabilitation, betterment, maintenance, or other work on the facilities owned and operated by either the "Developer"._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 responsibilities 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 public and to minimize damage to or loss of investment in the property of the "Developer" 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. 4. "Owner" shall inform "Developer," in writing, three days or more in advance of the date work is to be started, and shall keep the "Developer" informed of progress and activity related to the work being performed, and shall fUrnish written notice when the work is completed. 5. "Developer" agrees that the cost of the utility adjustment and/or construction provided for hereunder shall be paid to "Owner" as follows. "Owner" agrees that "Developer" will only pay actual cost of adjustment should actual cost be less than $ 4,154.81 . If actual cost exceeds $ 4.154.81 , the "Developer" will pay only $ 4,154.81 6. "Owner" shall accept as full payment for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accordance with "Owner's' accounting procedure, which is the Uniform System of Accounts precribed by the Arkansas Public Service Commission. "Owner" further agrees to retain said cost records and accounts for inspection and audit for a period of not less than one (1) year from the date of final payment. 7. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Developer" 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 ser- vicing 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. Ifreguestedlby "Owner" in writing, "Developer" shall Make intermediate progress payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more often than monthly intervals, for work hereunder upon receipt of statements in two (2) copies for periodic and unpaid costs, provided the herein esti- mated reimbursable amount is $2,000.00 or more, and that no such intermediate payment shall be construed as final settlement for any item included in any intermediate billir 9. "Owner" shall, within six (6) months after completion of the adjustment and acceptance thereof by the "Developer," prepare and submit to "Developer" a detailed complete (including intermediate billings, if any) and final bill in two (2) copies and covering the total cost for the adjustment of "Owner's" facilities. 10. The "Developer," upon receiving from "Owner" the final billing documents com- plete as listed next above, shall pay "Owner" for the eligible actual cost, less all prior payments, if any, for making the adjustments in "Owner's" facilities as agreed herein. "Developer" shall pay "Owner" within thirty (30) days after such billing documents are received. If "Developer" fails to pay within said time, the amount due shall bear interest at the rate of 10 percent per annum until paid. "Developer" shall have the right to inspect and audirthe books of account of "Owner" during normal business hours of "Owner" at any time within the time limit set forth in Paragraph 6 to determine the correctness of "Owner's" billing. "Owner" agrees to refund any and all amounts paid in payments found in the audit to exceed the total amount eligible for work hereunder. 11. 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 rights of way shall continue in full force and effect from the date of execution, and shall be perpetually binding upon each party's legal representatives, successors or assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the date first herein above written. "OWNER" ARKANSAS WESTERN GAS COMPANY ts: Vice President .147;71z,, A tte.8t;R?6, Its:nt = C:41154 e Secr ary e,&4,2 7, -.6 4 %/21elY CITY OF FAYETTEVILLE Its: Mayor atiLf--12.) a all Its: City Clerk 4 0 ,•1-1; fiz S, .•-••t.Afi% • .6- a - C. , ARKANSAS WESTERN GAS COMPANY Estimated Costs to Relocate Gas Lines Eagle Street in Fayetteville C.D. No. ST -82-09 Materials 630. LF 2" IPS Plastic Pipe, DuPont Aldyl "A" 156 LF 3/4" IPS Plastic Pipe, DuPont Aldyl "A" 3 EA - 2" TDW 3 -Way Tee 3 EA 2" Short Stop • 9 EA - 2" x 3/4" Multi -Saddle 7 EA 2" Transition Fitting 6 EA 17# Magnesium Anodes 1 Lot Misc. Fittings .1 Lot - Misc. Welding & Coating Supplies 100 Ton - 56-2 Backfill Material 1,000 LF - #14 Tracer Wire Total Stores Expense Total Materials' Labor -Company 1 - District Superintendent 1.- Foreman 2•-; Linemen 1 - Serviceman Total Fringe Time Total Company Labor Equipment 1 - Tractor Backhoe 1 - 2 -Ton Truck w/Trailer I - 2 -Ton Welding Truck 2 - I -Ton Pickups Total Equipment Preliminary Engineering Total Overhead Cost TOTAL ESTIMATED COST 1 12 Hrs. 30 Hrs. 60 Hrs. 16 Hrs.. 24 Hrs. 35 Mi. 35 Mi. 100 Mi. @$ 0.60 @ 0.15 @ 49.84 @ 18.71 @ 2.73 @ 15.90 @ 35.00 @ 25.00 @ 15.00 @ 6.00 @ 0.04 @ 7.5% @$10.90 @ 9.75 @ 7.50 A 8.50 @ 34% $ 378.00 23.40 149.52 56.13 24.57 111.30 210.00 25.00 15.00 600.00 40.00 $1,632.92 122.47 $ 130.80 292.50 450.00 136.00 $1,009.30 343.16 @$15.00 $ 360.00 @ 0.50 17.50 @ 0.45 15.75 @ 0.26 26.00 @ 10% $1,755.39 1,352.46 419.25 250.00 3,777.10 377.71 $4,154.81