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HomeMy WebLinkAbout103-90 RESOLUTIONRESOLUTION NO. 103-90 A RESOLUTION APPROVING A HIGHWAY -UTILITY AGREEMENT BETWEEN THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT FOR PRELIMINARY ENGINEERING ON. WATER AND SEWER RELOCATIONS AT :HIGHWAY 180 RAILROAD.GRADE^SEPARATION.-' i• t :, fit. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: i t Section 1. That the Mayor and City Clerk are hereby authorized and *directed to execute the Highway -Utility Agreement for Preliminary Engineering. between ;the ,City and the Arkansas Highwayt.and` Transportation Department` for water and sewer relocations at Highway 180 railroad grade separation. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this ATTEST: By: � %— Armen - City C erk 3rd day of July APPROVED: , 1990. —'Rev. 12-04-89 LS AC X ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES Job No. 40042 (Utilities) FAP No. RRS-042-1 (7) Job Location Hwy. 180 Grade Separation (Fayetteville) Utility Owner City of Fayetteville (Water & Sewer) Route 180 section 0 •consultant McGoodwin, Williams & county Washington Yates THIS AGREEMENT, made and entered into this day of (: 1.-- , 19,by and between the Arkansas State Highway Commission, acting by and through the duly authorized representatives of the Arkansas State Highway and Transportation Department, with headquarters at Little Rock, Arkansas, hereinafter referred to as the "Department" and the City of Fayetteville (Water & Sewer) of Fayetteville, Arkansas, acting by and through its duly authorized representatives, herein after referred to as the "Owner" WITNES- SETH: WHEREAS: The "Department", in the interest of public safety, convenience, and enjoyment, proposes to make certain highway improvements at the location and according to the plans and specifications of the "Department" for such work under the job designation as shown above; "Owner" must adjust or relocate certain of its existing utility facilities and in connection with such adjust- ments, "Department" shall participate in the costs of such work to the extent such costs are eligible for reimbursement from State Highway funds and eligible when applicable for participation in Federal funds: and WHEREAS: The cost to "Owner" for preliminary engineering services shall be eligible for reimbursement from "Department" at the same ratio as the ad- justment of "Owner's" facilities are eligible based on the proportion of the facilities to be adjusted that are located on property in which "Owner" holds a compensable property interest under the Constitution and Arkansas Law, less betterments (except betterments required by the highway construction) and in accordance with the applicable provisions and requirements of the Arkansas State Highway Commission Utility Accommodation Policy as adopted on September 20, 1989, by Commission Minute Order 89-455, as amended and supplemented, it is also understood that for this cost to be eligible for participation in Federal funds, the work must be performed and reimbursement made as prescribed by Federal rules and regulations applicable to Federal Aid Projects, and as set out in the United States Department of Transportation, Federal Hlghway Ad- ministration, Federal Aid Highway Program Manual, Volume 6 Chapter 1, Section 2, Subsection 2 (Engagement of Consultants for Engineering Services) issued October 30, 1974, or as amended. These documents by this reference are hereby made a part of this Agreement with the same force and effect as if attached hereto or recited herein; and WHEREAS: The proposed highway improvement necessitates the adjustment or relocation of certain of "Owner's" utility facilities as described in the fol- lowing scope of work: Relocate or adjust sanitary sewer mains (10" & 8"), water mains (12" & 4") to clear railroad overpass and highway construction, and such adjustment or relocation requires the preparation of plans, sketches, estimate of cost, and work specifications (when applicable) to be used as the basis for a subsequent agreement with "Owner" to provide for such adjustment or relocation: and WHEREAS: The "Owner" is not adequately staffed with professional or tech- nical personnel to prepare the necessary technical and detailed information as may be required, and needs the services of a "Consultant" to perform the said preliminary engineering work; and hereby requests "Department's" concurrence in the employment of a "Consultant" of proven ability and experience, and which has one or more of its members licensed by the Arkansas State Board of Registration for Professional Engineers: and WHEREAS: The "Owner" proposes to employ the engineering firm of McGood- win, Williams & Yates, hereinafter referred to as the "Consultant" which meets the above qualifications to perform such necessary preliminary engineer- ing services; and the "Department" has determined that it is to the advantage' and best interest of the "Department's" highway improvement project that said engineering services be performed by "Consultant" for "Owner" under a contract for preliminary engineering services entered into between "Owner" and "Consultant", and subject to the "Department's" approval; and the selection and employment of said engineering firm is acceptable to the "Department", and "Consultant" is ready, willing, and able to perform the required engineering and technical services. NOW, THEREFORE, IT IS HEREBY AGREED: 1. "Owner" has entered into a contract for preliminary engineering serv- ices with the "Consultant", subject to the "Department's" approval, and has furnished copies of said contract which are attached and made a part of this agreement, and said contract sets forth in detail the engineering and techni- cal services to be performed by the "Consultant" and the fee to be paid by the "Owner" for such services; and the "Department" by execution of this agreement concurs in the employment of the "Consultant" and approves the said contract for preliminary engineering services as providing for the "Consultant" to fur- nish the following minimum required services (as applicable): A. Make all necessary field surveys, investigations, and special studies required to obtain proper and sufficient data for the preparation of complete plans, estimates of cost, and construction specifications. B. Prepare complete and detailed plans of the existing facilities and of the proposed construction, including maps, plans, profiles and detailed drawings of structures and appurtenances when and as necessary. C. Prepare an engineer's detailed estimate of cost of the proposed work and if plant betterments for the "Owner's" convenience are to be in- cluded in the planned adjustments, the "Consultant" shall detail separately the estimated inplace cost of such plant betterments and the estimated cost to relocate and adjust the existing facility inkind and function as required by the highway project. Such separation of cost of may be shown either by separate and comparative estimates or by detailing of items in the estimate. D. If the construction work is to be performed by other than "Owner's" forces, prepare bid notices, instructions, specifications, contract documents and any other data necessary to secure bids and let a contract for the proposed work. E. Furnish the "Owner" with eight (8) sets of plans, specifications, and contract documents (seven (7) sets for transmittal by "Owner" to Department"). Said documents shall be considered as approved when and only when accepted by the "Department" and, if necessary, approved by the Federal Highway Administration. 2. The "Consultant" shall begin the work as herein set out within ** calendar days after receiving written authorization through the "Owner", such authorization to be issued as a Work Order by the "Department", and "Consultant" shall complete his contractual obligations as herein set out in 45 calendar days. 3. After delivery to, and acceptance by the "Department" of the final plans, estimate of cost and all necessary supporting documents in original and six (6) copies, the "Department" will make payment to the "Owner" in accor- dance with Paragraph 4, the pro rata portion of the total preliminary en- gineeringfee of $ 10,039.65* as determined by one of the following methods: X A. The appropriate pro rata factor for allocating payment of this fee between "Owner" and "Department" cannot be accurately determined until the preliminary engineering work is completed, and the pro rata factor as established by the "Consultant's" investigations will be applied in the allocation of the cost obligations under this agreement and in the subsequent Utility Relocation Agreement. B. The pro rata portion of the total preliminary engineering fee based on the "Owner's" eligibility for reimbursement that the facilities to be adjusted are located on property in which the "Owner" holds a compensable property interest, is %. x 9 = $ *Not to Exceed $14,556.36 **Verbal to proceed given 06-07-90 (Reimbursement) 4. The basis for "Consultant's" total fee to be charged "Owner", includ- ing any additional fee for plant betterment work to be done for "Owner's" con- venience along with the required adjustments, is detailed and set forth in the attached copy of the contract between the "Owner" and the "Consultant". Said payment is to be on the actual cost payment procedure which will be initiated within 30 days after submission by "Owner" of a certified statement in the above proportionate reimbursable amount together with acknowledgement evidenced in writing by "Consultant" that the total fee has been paid to him by the "Owner". "Owner" agrees to retain cost records and accounts for inspec- tion and audit for a period of not less than three (3) years from the date of final payment. 5. It is understood and agreed that, by separate statement and by copy of this agreement complete with pertinent attachments, the United States Depart- ment of Transportation, Federal Highway Administration, may be furnished war- ranties and certifications that the conditions under which this contract was obtained have been, and performance by all parties shall be, in accordance with the requirements of a project involving participation in Federal Aid Highway Funds, and same shall be subject to applicable State and Federal Laws, both criminal and civil. 6. The "Owner", in employing the "Consultant" to perform the work and services covered by this agreement, agrees to require the "Consultant" to comply with the provisions of Appendix "A", copies of which are attached to and made a part of this contract, and the provisions of which pertain to non- discrimination in employment; and it is further understood and agreed that the "Consultant" shall in performing such work under said provisions, be con- sidered as acting in the same relative capacity as the "Contractor" referred to in said Appendix "A". 7. The "Department" may, at its discretion, cancel or suspend the work under this agreement at any time provided reimbursement is made on an equi- table basis and in a proportionate amount for the services performed by "Consultant" up to the time that written notice of such cancellation is received by "Owner" from "Department". Such amount of proportionate reim- bursement shall be based on the proportion that the work actually performed bears to the total work originally contemplated. Should the "Department" give notice of cancellation in writing prior to the start of any work hereunder, then this Agreement shall thereupon become null and void without liability to the "Department". 8. The "Owner" shall save the "Department" and any other affected Agencies of Government harmless from all claims and liabilities arising out of, or in any manner due to, the activities or any negligent act or omission of "Owner's" employees or the "Consultant" or his employees or agents. 9. The provisions of this agreement apply only to the preliminary en- gineering services herein set out, and nothing 'contained herein shall be con- strued as applying to any future contract which may be entered into between the "Department" and the "Owner", except that the reference in Paragraph No. 3 above, regarding the determination of the reimbursement eligibility pro rata factor from the subject preliminary engineering work shall apply both in fixing the ratio of eligibility for reimbursement of cost under this agreement and a subsequent covering the actual utility relocation work. IN WITNESS WHEREOF: The parties hereto have caused this instrument to be =executed in triplicate by their duly authorized representatives as of the date first above written. CITY OF FAYETTEVILLE (WATER & SEWER) ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The ARKANSAS STATE HIGHWAY and TRANSPORTATION DEPARTMENT Title Director of Highways & Transportation Title Chief, Right of Way Division Chief -Utilities Section Right of Way Division APPENDIX A During the performance of this contract, the contractor, for itself, its as- signees and successors in interest (hereinafter referred to as the "contractor" agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) - Nondiscrimination: The contractor, with regard to the work per- formed by it during the contract, shall not discriminate on the grounds of race, color, sex, national origin, or handicap, in the selection and retention of subcontractors, including procurements of materials and leases of equip- ment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or nego- tiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, national original, or handicap. (4) Information and Reports: The contractor shall provide all informa- tion and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any informa- tion required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department, or the Federal Highway Administration as ap- propriate, and shall set forth what efforts it has made to obtain the informa- tion. (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the nondiscrimination provisions of this contractor, the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but no limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the State High- way Department or the Federal Highway Administration may direct as a means of enforcing .such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direc- tion, the contractor may request the State Highway Department to enter into such litigation to protect the interests of the state, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. • 4 CENTER 0 z t 0 MAINE o PALMER NETTLESHIP N, ST. 4 STONE \ ST. frtivin .= EROYRNAILSAS ■' \ ST. NEPTUN H MITCELL KAYWOOD ANE ST. Rea./&2r l.ocm-ion Veal a. n 71 FARMINGTON ST F W..6TH STREET 4 PARNELL OR. w STREET BOONE ST W, ISTH. ST, ARROWHEAD ST. CATO PE TTI GREW �r� //O /2O 2 ROAD Rwm F.r::. 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