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HomeMy WebLinkAbout88-83 RESOLUTION• RESOLUTION NO _,_, sp A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UTILITY RELOCATION AGREEMENT WITH SOUTHWESTERN ELECTRIC POWER COMPANY FOR THE RELOCATION OF POWER LINES AND FACILITIES ALONG GREGG AVENUE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE,'ARKANSAS: 44 That the Mayor and CityrClerk are hereby authorized and directed to execute an agreement with Southwestern Electric Power'Company'for,..the relocation of power lines and facilities along Gregg Avenue' -A copy -of the agreement authorized for execution hereby is attached hereto, marked Exhibit "A", and made a' part hereof. PASSED k` PASSED AND APPROVED this '9 day of July, 1983. �``Q`'.fl ATTEST: • APPROVED: By: Mayor • 11.;02 CITY -UTILITY RELOCATION AGREEMENT Between CITY OF FAYETTEVILLE And SOUTHWESTERN ELECTRIC POWER COMPANY Project No. z-147-1 (Utilities) FAUS M -50R2(2) n Location Rregg Ave. improvements (Fayetteville) AC x LS THIS AGREEMENT, made and entered into this 19th day of July 1983 , by and between the City of Fayetteville , Arkansas, acting by and through its duly authorized officials, hereinafter referred to as the "City", and the Southwestern Electric Power Company , of Fayetteville, Arkansas acting by and through its duly authorized representatives, hereinafter refer -ed Lo 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-142-1 ; 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 beperformed 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". ;Y!-IIRIT A 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 Cost 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 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. • (B) The replaced facility involves only a line crossing or crossings of the project. 2-22-83 4 ti. U4 (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 25% 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 $ 12.188.20 of which $ 3,047.05 is estimated to be the eligible reimbursable amount and $ 9.141.15 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 "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 $25,000.00) 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 90 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. 11.05 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- mediatebilling, (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. • .L 1.56 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 ELECTRIC POWER COMPANY CITY OF FAYETTEVILLE (;) eds(J, Title Title(Mayor) • 410Title • Title (City Clerk) , go‘C • Job Z-142-1 (Utilities) EXHIBIT "A" CITY OF FAYETTEVILLE And SOUTHWESTERN ELECTRIC POWER COMPANY CITY -UTILITY RELOCATION AGREEMENT (ATTACHMENT WORK DESCRIPTION & ALLOCATION OF COSTS) Remove four (4) existing poles and attachments and remove attachments on eight (8) existing telephone company poles to clear the construction. Restore the facility by installing 15 new poles complete with attachments. Of the 12 existing poles required to be adjusted, nine (9) are located on city street right of way and three (3) are located on private right of way; therefore, the adjustment cost is 3/12 or 25% eligible for reimbursement. TOTAL ESTIMATED ADJUSTMENT COST $12,188.20 Reimbursable Amount ($12,188.20 x 25%) = 3,047.05 FHWA FUNDS (75%) = $2,285.29 CITY FUNDS (25%) = 761.76 TOTAL EST. REIMB. COST $3,047.05