Loading...
HomeMy WebLinkAbout73-83 RESOLUTIONRESOLUTION_NO A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UTILITY RELOCATION AGREEMENT WITH ARKANSAS WESTERN GAS COMPANY FOR THE RELOCATION OF GAS LINES AND FACILITIES ALONG GREGG AVENUE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE;;ARKANSAS: That the Mayor directed to execute Western Gas Company along Gregg Avenue execution hereby is made a part hereof.. • ,. F�,rETrF. _ �E tr 442. :(0, • and City Clerk are:hereby.authorized and a utility relocation agreement with Arkansas for the relocation of gas lines and facilities A copy.of the. agreement authorized for attached hereto, marked Exhibit'"A", and PASSED AND APPROVED this day of -�i,��� CO��ly• l', By: APPROVED: By6-; G0 Mayor ARKANSAS WESTERN GAS COMPANY June 7. 1983 Mr. Arthur T. Watt Chief, Utilities Section Right -of -Way Division Arkansas State Highway Department P. 0. Box 2261 Little Rock, AR 72203 Dear Mr. Watt: Re: • bif„k..c :,ED. :1717 '' F Job 2-142-1 (Utilities Ark. M-5088(2) Gregg Ave. Improvements (Fay.) Washington County Enclosed you will find one (1) revised copy of the estimated cost to relocate our distribution lines on Gregg Street for the above -referenced project. The revised estimated cost reflects credit for expired service life on the betterments. If additional information 1s needed. please advise. Yours very truly. Bill H. Brandt Staff Engineer 1/2/9 Enclosure cc: Mr. Don Grimes / City Manager City of Fayetteville Fayetteville. AR 72701 Revised June /,,1983 • ARKANSAS WESTERN GAS COMPANY Cost Summary Federal Aid Project M-5088(2) Gregg Street - Fayetteville Reimbursement Location Estimated Cost Factor Reimbursement North Street to $ 9,913.88 100% $ 9,913.88 Spruce Street Miller Street to 9,236.19 87.59% Elm Street $19,150.07 Credit for expired service life for total project 8,089.61 $18,003.49 - 325.37 $17,678.12 ARKANSAS WESTERN GAS COMPANY Federal Aid Project M-5088(2) Gregg Street - Fayetteville Cost per linear foot to install 2" steel pipe in 1965 - $1.10 Cost per linear foot to install 14" steel pipe in 1966 - .62 Cost per linear foot to install 2" steel pipe in 1967 - .1.54 Footage of pipe installed by year: 2" 1965 700 LF 11/4" 1966 145 LF 2" 1967 300 LF Total cost to install pipe by year: 1965 - 700 LF x $1.10 = $770.00 1966 - 145 LF x .62 = 89.90 1967 - 300 LF x 1.54 = 462.00 Expected service life for a cathodically protected steel gas line is 70 years. Calculation for factor for expired service life: 1983-1965 = 18 years; 18 years t 70 years 25.71% 1983-1966 = 17 years; 17 years t 70 years = 24.28% 1983-1967 = 16 years; 16 years - 70 years = 22.85% Credit for expired service life: $770.00 x 25.71% = $197.97 89.90 x 24.28% = 21.83 462.00 x 22.85% = 105.57 Total = $325.37 CREDIT DUE PROJECT $325.37 • ,4 - AC x LS Project No. CITY -UTILITY RELOCATION AGREEMENT Between CITY OF FAYETTEVILLE And ARKANSAS WESTERN GAS COMPANY Z-142-1 (Utilities) Location Gregg Ave. Improvements FAUS M-5088(2) (Fayetteville) THIS AGREEMENT, made and entered into this _ day of 19 , by and between the City of Fayetteville , Arkansas, acting by and through its duly authorized officials, hereinafter referred to as the "City", and the Arkansas Western Gas Company , of Fayetteville. Arkansan 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 Federa 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' unde the aforesaid Federal -Aid Urban System at the location specified herein, and in accor- dance with the plans and specifications for Project No. Z-.142-1 ; and WHEREAS, the "City" has applied and received approval for federal aid under the Federal -Aid Urban System Project No. M-5088(2) ; 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 eccordan. 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 291 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.aualify for Participating Federal Funds, the "City" has recueste that the Arkansas State.Highway and Transportation Department, hereinafter referred to as the "Departnent"tassist the "City" by providing technical assistance for cost estima• 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 fc or on behalf of'the "City". EXH%B1 ,..A RECE1119,11 U L 0 s 1333 FAYETTEVILLE • • 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 Work Description and Allocation of Costs labeled "EXHIBIT A". 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 'mere 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 I5 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 se 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 mat=rial to be installed or removed, shall have prier 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 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 cart thereof is to be paid by "City" by reason of "Owner's" holding a compensable Property interest. 3. . "Owner"Fandity" 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. .• (B) The:replaced facility involves only a line crossing or crossings of the project. 411.08 E2 FAYETTEVILLE - 2-22-83 • _ (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(SeeExhibit A) 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 $ 17,678.12 of which $17,678.12 is estimated to be ti'ie 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 accept 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 accented by the "Department" for actual cost payment. C. _ The estimated lump sum reimbursable amount (not over $25,000.00) -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 45 days and to complete such work within 30 working 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,1 including disposal of surplus materials and debris, so as not to leave the work area in ah'unsafe or unsightly condition. 4 �9 IQ FAYETTEVILLE 117 } r • 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 ail 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 incldded 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 tost 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. dui n U 3 FA Y'ETTEV,LLE • 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. ARKANSAS WESTERN GAS COMPANY j • Title • CITY OF FAYETTEVILLE „Jail 4)„6 Eh .=NA.. iv c E ft: r;\ 44. 081 1983 FAYeTTEVILLE Job Z-142-1 (Utilities) EXHIBIT "A" CITY OF FAYETTEVILLE AND ARKANSAS WESTERN GAS COMPANY CITY -UTILITY RELOCATION AGREEMENT (ATTACHMENT) WORK DESCRIPTION & ALLOCATION OF COSTS NORTH STREET TO SPRUCE STREET - Abandon approximately 2,050 feet of existing two (2) inch gas line to clear the construction. Restore the function of the facility by installing approximately 1,935 feet of two (2) inch gas line and adjusting meters and valves as necessary. MILLER STREET TO ELM STREET - Abandon approximately 1,145 feet of existing two. (2) inch and one & one-fourth (1;) inch gas lines to clear the construction. Restore the function of the facility by installing approximately 1,335 feet of three (3) inch gas line and adjusting meters and valves as necessary. Betterment credit and expired life credit have been given for the increased size of the replacement facility. All of "Owner's" existing facilities required to be adjusted on this project were installed on city street right of way and are, therefore, considered NOT ELIGIBLE for reimbursement from Federal Funds. In accordance with "Owner's" letter of March 25, 1983, attached hereto, the "Owner" has requested, and the city has agreed, to reimburse "Owner" the full cost of an "in-kind" relocation in the estimated amount of. $17,678.12.* Location North Street to Spruce Street COST SUMMARY* Reimbursement Estimated Cost Factor Reimbursement $ 9,913.88 100% $ 9,913.88 Miller Street to 9,236.19 87.59% Elm Street $19,150.07 Credit for expired service life for total project 8,089.61 $18,003.49 - 325.37 $17,678.12 AKKANSAS S ! A 1 t 1-11UHWAY • • AND. TRANSPORTATION DEPARTMENT Henry Gray, Director Telephone (501) 569-2000 Mr. Donald F. Grimes City Manager City of Fayetteville City Administration Building Fayetteville, Arkansas 72701. Dear Mr. Grimes: June 10, 1983 P.O. Box 2261 Little Rock, Arkansas 72203 RECEIVE© JUN1319a3 CITY OF FAY ! it ILLS Job Z-142-1 (Utilities) ARK M-5088(2) Gregg Ave. Improvements (Fayetteville) Washington County We have reviewed and approved the proposed adjustment plans of the Arkansas Western Gas Company for relocation of the gas line facilities onthe above referenced project. An agreement Fayetteville The original concurrence. covering the reimbursement of adjustment costs between the City of and the Arkansas Western Gas Company has been prepared by the Department. and five (5) copies of this agreement are enclosed for your review and If this agreement meets with your approval, please have the instruments executed by the gas company and the city and return the original and three (3) copies to this office for our further handling. One extra copy is provided for the city and the gas company to have as a temporary file copy until the approved copies are returned with our authorization for you to issued the Work Order Letter. The adjustment work should not be started until work authorization is received from this office. Yours truly, Arthur T. Watt Chief, Utilities Section Right of Way Division JEM/meg Enclosure cc: Programs and Contracts District Engineer Resident Engineer FAP File ARKANSAS WESTERN GAS COMPANY •larch 25, 1983 Mr. Arthur T. Watt Chief, Utilities Section Right -of -Way Division Arkansas State Highway Department P. 0. Box 2261 • Little Rock, AR. 72203 Re: Dear Mr. Watt: JobZ-142-1 (Utilities Ark. M-5088(2)) Gregg Ave. Improvements (Fay.) Washington County Enclosed you will find seven (7) sets of plans and estimated cost to relocate our distribution lines on Gregg Street for the above -referenced project. Mr. James Walker has been in contact with Mr. Don Grimes of the city of •Fayetteville and they are in full agreement to pay the cost of "in kind" utility relocation. A portion of the projectwill be uprated to three (3) inch plastic pipe which is reflected by the reimbursement factor on Page C-1 of the Cost Estimate. We estimate the relocation work will take 30 working days to complete and that construction can start 45 calendar days after notification from your office. If additional information is needed,, please advise. ..Yours truly, cc: Mr. Don Grimes City Manager City of Fayetteville Fayetteville, AR. 72701 Bill H. Brandt Staff Engineer Route To: Date Inhlals ✓aliel_5 555 ,dEli _5.2_AN Person, nl._._— tAilv.r.bA5 5(hl•= rIIGHWAY AND IRANSPOrIATI0N DEPT. 17 E \ Fn MAR 2 9 1983 UTILITIES SECTION "IGT 0' WRY DIVISION