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HomeMy WebLinkAbout181-90 RESOLUTIONRev. 12-04-89 • ARKANSAS STATE HIGHWAY COMMISSION HIGHWAY -UTILITY CONSTRUCTION / RELOCATION AGREEMENT State Job No. R40059 (Utilities)- County Wa4hlkyton Federal Aid Project State Pko?ect Job Location Hwy. 71 - Ea4t 8 No.'th THIS AGREEMENT, made and 19q,0 by and between the through the duly authorized Transportation Department, hereinafter referred Route 156 AC - CA AC - UA X LS - CA LS - UA Section 5 Utility Owner City oi( Fayetteville Watea 8 Sewe+c Department r�. entered into this fit}- day of Nl e JEr,BER Arkansas State Highway Commission, acting by and representatives% of the Arkansas State‘'Highway and with headquarters at Little Rock, :Arkansas, to as the "Department", and the City o/ Fayetteville Watea 8 Arhanda6 authorized representatives, SETH: Sewer Dept. hereinafter acting referred of Fayetteu.i tte by and through its duly to as the "Owner", WITNES- 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; and as part of the necessary work of such improvements "Owner" must adjust or relocate certain of its ex- isting utility facilities and/or secure "Department's" approval of the con- struction and location of certain proposed facilities on the right of way of said highway project, and in connection with such adjustments, relocation and/or new utility construction "Department" shall participate in the cost of such work to the extent such costs are eligible for reimbursement from State Highway funds and eligible for participation in Federal funds; and WHEREAS: It is understood by the parties hereto that, for the cost of the adjustment of "Owner's" facilities to be eligible for participation in Federal Funds, the work must be performed and reimbursement made in accordance with Federal Laws, Rules and Regulations applicable to Federal Aid Projects, in- cluding Federal -Aid Highway Manual 6-6-3-1 and 6-6-3-2 issued by the United States Department of Transportation, Federal Highway Administration, September 6, 1985, and November 11, 1988, respectively, as amended and supplemented, and which 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 adjustment or construction of "Owner's" facilities shall be eligible for reimbursement by the "Department: in the proportion that the facilities to be adjusted or constructed are located on property in which "Owner" holds a compensable property interest under tnip Constitution and Arkansas Law, and in accordance with the applicable pNovisiof& and require- ments of the Arkansas State Highway Commission Utility Accommo.al'tion Policy as adopted on September 20, 1989, by Commission Minute Order 89-455, as amended and supplemented, and which by this reference are hereby made a part of this agreement; and such reimbursement shall be in the eligible proportionate b f % amount of (or under lump sum payment procedures; the amount representative of) the reasonable and actual cost of the adjustment of "Owner's" existing facilities, less betterments (except that betterments required by the highway construction on eligible facilities may be reimbursed) and WHEREAS: Under applicable Arkansas Statutes, "Owner" shall be permitted to use, be on, over, or under land or rights of way held by the "Department", provided that such use or occupancy does not in any way or manner interfere with the public use of such property for highway purposes as provided by Law; and the terms and conditions of such use, in the interest of public safety, convenience and enjoyment, being as defined by "Department" in its regula- tions; and WHEREAS: Where the new and/or relocated utility facilities referred to herein are located or constructed along, on, or across a fully controlled ac- cess highway, the design and future servicing of such facilities must comply with the policy set forth in "A Policy on the Accommodation of Utilities within Freeway Right -of -Way" adopted by the American Association of State Highway and Transportation Officials - February, 1989 and in accordance with said policy and requirements thereof, access for servicing any utility facilities located along, on, or across such fully controlled access right of way for normal servicing shall not be from the through traffic roadways or the "on" and "off " ramps of the controlled access highway and shall be limited to access via (a) frontage or service roads where provided, (b) nearby or ad- jacent public roads, streets or drives,- or (c) trails along or near the high- way right of way lines and connecting only to an intersecting road, street, or drive, from any one or all of which entry may be made to the outer limits of the controlled access right of way. In a case of emergency where immediate action is necessary for protection of the public and to minimize property damage and loss of investment, "Owner" may at its sole risk and responsibility use the controlled access area as an access route for servicing its utility facilities provided, "Owner" uses appropriate safety methods and devices to provide adequate warning and protection to persons and property of the public, notifies the "Department" as soon as practicable, assumes full responsibility for its operations, including the restoration of highway and utility properties to original equivalent conditions, and saves the "Department" harm- less from liability in all respects. Due precaution and care for the protec- tion of the traveling public shall be exercised by "Owner" at any and all times in work on, or servicing of, its facilities due from any cause what- soever along, on or across the controlled access highway; and WHEREAS: The proposed highway improvement necessitates the adjustment, relocation, and/or "Department's" approval of the proposed locations of cer- tain facilities of "Owner" as described in the following description of work. Owner will clear construction by abandoning in place approximately 8,000 LF 8". water line, 300 LF 8" and 100 LF 4" sanitary sewer line, together with as- sociated services. Service will be restored by installing approximately 8,200 LF ductile iron water line, 300 LF 8" and 100 LF of sanitary sewer line in- cluding a minimum of 20 water service connections, 8 fire hydrants and all necessary fittings. 8 existing fire hydrants will be removed at contractor's expense and become his property. Contractors will be asked to provide the salvage credit for the removed hydrants by reducing the bid for item 10 (Provision & Installation of Fire Hydrants) by the sum of $2,000.00. These J • systems were installed in 1971/72 on private easements and, therefore, owner is eligible for 100% reimbursement. Work will be carried out by contract forces, - and such adjustment, relocation, or construction being shown in detail in "Owner's" plans, sketches, estimate of cost, and specifications (when ap- plicable) which are attached hereto and made a part hereof; and WHEREAS: The "Department" desires to implement the herein described utility adjustments or relocationsand approve the proposed utility construc- tion of "Owner" by entering into an agreement with said "Owner". NOW, THEREFORE, IT IS HEREBY AGREED: 1. Where applicable hereunder by reason of new utility occupancy or crossing of highway right of way, "D"epartment" hereby grants to "Owner", without any conveyance of right, title or property interest, either expressed or implied in or to the highway rights of way or other highway properties, License and Permission to install and operate utility facilities on or across "Department's" rights of way or properties as shown on the approved plans or sketch maps attached hereto and made a part hereof, said License and Permis- sion being subject when applicable to the herein stated conditions; and with the understanding and agreement that if any subsequent change in the highway facility or highway use of the highway right of waynecessitates moving or ad- justing of "Owner's" utility facilities located on, over, under, or across highway right of way or other highway property under provisions of this Per- mit, "Owner" shall begin such move or adjustment within ninety (90) days after receiving writtenrequest from the "Department", and shall exercise due diligence to complete such work without delay or interference to "Department's" operations; and such move or adjustment of "Owner's" facilities to be at "Owner's" expense except where the "Owner's" facilities required to be removed or adjusted are located on property in which "Owner" holds a com- pensable property interest under the Law of Arkansas as it exists at the time of such request. 2. Where applicable hereunder by reason of new highway construction or existing utility rights of way, "Owner" hereby grants to "Department" the right to use for highway purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Department'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 as- signs) continues such use and occupancy and does not abandon, and,thereby release, such property interest to "Department" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" con- venience; and the"Department" 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 ad may be eligible for reimburse- ment by reason of such prior property.. 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 "Department", 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 incon- venient 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 case of an 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 "Department" 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. "Department" shall furnish "Owner" a written work authorization to proceed with approved utility adjustments not less than 30 days before start- ing work on the project, and such authorization shall designate the name and location of the Engineer in charge of the project and incorporate this agree- ment by reference. 5. "Department's" Engineer shall schedule and furnish notice of the time and place for a pre -construction conference of representatives of (a) utilities affected by the highway project, (b) the highway contractor, and (c) the Engineer in charge of the project for the purpose of coordinating the proposed work of each respective party so that each may know the requirements of the other, and "Owner" shall cause a representative with authority to act for "Owner" in scheduling and supervising "Owner's" work to attend said con- ference. ' 6. "Owner" shall notify "Department's" designated Engineer, at least three (3) days in advance of the date work is to be started, and shall keep the Engineer informed of progress and activity related to the work being per- formed, and shall furnish notice when the work is completed. 7. "Owner" shall perform the work with "Owner's" forces and/or with con- tract 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 agree- ment. The work shall be performed 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 FHPM 6-6-3-1 as approved by the "Department" and determined to be in the best in- terest of the project. "Owner" shall maintain adequate records and accounts on the contracts let and work performed by contract forces to be in 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 materials to be installed or removed, shall have prior approval of the "Department" before any such change is initiated if any additional cost of such changes are to be eligible for reimbursement. B. "Owner" hereby certified, and "Department" concurs therein, that "Owner" possesses a real .property interest in the locations of its existing facilities on which reimbursement for the functional replacement of all or a pro rata part thereof is to be paid by the "Department" as hereinafter set forth, and the damaging of taking of such real property interest by reason of the required adjustment is compensable in eminent domain. "Owner" further certifies to holding the right of occupancy in the locations of the existing facilities indicated on the attached plans or sketches as being reimbursable by reason of "Owner's" holding a legally acquired right antedates any rights held by "Department" in the utility locations on which reimbursement for ad- justment or construction cost is to be paid hereunder. 9. "Owner" has determined; and "Department" concurs, that a credit for accrued depreciation of the existing facilities being replaced is: X (a) Not due the project as only a segment or segments of the utility's service, distribution or transmission lines are involved. (b) Due the project and has been allowed in the estimate of cost. 10. "Department" finds and agrees that the utility adjustment and/or con- struction provided for hereunder is 100$ eligible forreimburse- ment 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 es- timate of cost), and which net actual cost (or representative net actual cost if payment to be "lump sum") is estimated in the amount of $ 259,780.00 of which $ 259,780.00 is estimated to be the eligible reimbursable amount (to be paid by the "Department" 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 "Department" to be followed in billing and payment stages as set out in the attached summary and allocation of estimated costs. 11. "Owner" shall accept as full reimbursement for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accordance with the following designated account procedure: A. A Work Order System prescribed by the Agency. - B. X A system developed and used "Department". 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. applicable Regulatory by "Owner" and accepted by the, "Owner" further and audit for a payment. $25,000) actual and adjustment agrees to retain said cost records and accounts for inspection period of not less than three (3) years from the date of final 12. "Owner" shall not begin the adjustment work until authorized by the "Department", and shall exercise due diligence to begin work within 30catxdaa. days and to complete such work within 75catew/att days thereafter and in .a manner as will result in no avoidable interference or delay to the "Department's" construction work or in the adjustment of "Owner's" facilities. • 13. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Department" 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; 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 un- sightly condition. 14. Unless reimbursement is to be according to lump sum procedure (11.C), "Owner" shall collect and hold in reserve all unreusable material which is not to be returned to stock and is to be credit to the job at less than the sal- vage value of reusable materials for inspection by the "Department's" desig- nated 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 15. If requested by "Owner" in writing, "Department" shall make inter- mediate progress payment of ninety percent (90%) 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 inter- mediate payments shall be made on "Lump. Sum" Agreements.) No such inter- mediate payment shall be construed as final settlement for any item included in any intermediate billing. 16. "Owner" shall, upon completion of the adjustment and acceptance by the "Department", submit to "Department" a complete and final bill with sup- porting detail in four (4) copies covering all billed amounts, including in- termediate 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 one (1) set of "as -built" plans representing the adjustment as completed by "Owner" for acceptance by "Department" upon being certified correct by "Department's" Engineer. 17. The "Department", upon receiving from "Owner" the final billing docu- ments complete as listed next above, shall reimburse "Owner" 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 reim- bursing "Owner", the "Department" shall make initial or semifinal payment to "Owner" for the work in the amount of ninety percent (90%) 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 reimburse- ment to the "Owner" shall not exceed the total amount found eligible for reim- bursement as reflected by an audit pursuant to FHPM 6-6-3-1 of the cost records and accounts of the "Owner" applicable to subject project, except that if the lump sum payment procedure (11.C) is indicated herein then initial and final payment shall be made for one hundred percent (100%) 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 "Department's" reimbursement obligations hereunder. 18. 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, succes- sors or assigns. 19. Notwithstanding anything hereinbefore written, neither the "Owner" nor the "Department" by execution of this Agreement waives or relinquishes any rights which either may legally have within the limits of the Law or Constitu- tion, 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 first herein above written. • CITY OF FAYETTEVILLE WATER & SEWER DEPARTMENT Title Title Title ARKANSAS STATE HIGHWAY COMMISSION Acting By and Through The HIGHWAY AND TRANSPORTATION DEPARTMENT /31.irector of Highways & Transportation ief, Right` of Way Division Chief-Utilit Section Right of Way D vision • JOB 40059 COST ESTIMATE WATER 8,200 LF 8" DIP @ $17.50 6 Each 8" Gate Valves @ $500.00 10 Each Fire Hydrant Inch 6" Pipe •@ $2,000 3,000 Fittings @ $2.50 15 Each Services @ $300.00 500 LF Service Line @ $8.00 120 LF 16" steel casing @ $50.00 200 LF Service Line Casing @ $20.00 2 Each Ties to System @ $1,000 Lump Sum Surface Repairs SEWER 600 LF 8" sewer line 5 Each Manholes @ $1, 200 LF 4" sewer Line 60 LF 8"casing @ $25. TOTAL CONSTRUCTION CONST. ENGINEERING DEPT. OF HEALTH ADVERTISEMENT EASEMENT ACQUISITION @ $18.00 000 @ $15.00 00 TOTAL ESTIMATED PROJECT COST $ 143,500 $ 3,000 $ 20,000 $ 7,500 $ 4,500 $ 4,000 $ 6,000 $ 4,000 $ 2,000 $ 6,275 $ 200,775 $ 10,800 $ 5,000 $ 3,000 $ 1,500 $ 20,300 $ 221,075 $ 13,005 $ 500 $ 200 $ 25,000 $ 259,780 RESOLUTION NO. 181-90 A RESOLUTION APPROVING A UTILITY REIMBURSEMENT AGREEMENT WITH THE ARKANSAS STATE HIGHWAY DEPARTMENT FOR THE HIGHWAY 156 WATER AND SEWER RELOCATION PROJECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Arkansas State Highway Department for the Highway 156 Water and Sewer Relocation Project. The cost of $255,000.00 is eligible for 100% reimbursement by the State. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. �4\1t3a - ^'ATTEST: PASSED AND APPROVED this 6th day of November , 1990. 'eft/ flry r-'� - aj ,. City Cl' �JYXCia— r _e