Loading...
HomeMy WebLinkAbout11-91 RESOLUTIONRESOLUTION NO, 11-91 A RESOLUTION AUTHORIZING THE EXECUTION OF A WATER AND SEWER RELOCATION AGREEMENT ON THE NORTH STREET 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 the Water and Sewer Relocation Agreement in the amount of $35,225.00 required to be eligible for a 95% reimburse from the Federal Highway Administration. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this ottAy- 4 ATTEST: G uBY, , City. E1 Iry-. • Ji r 1 5th day of February APPROVED: Mayor , 1991. AC X - LS CITY -UTILITY RELOCATION AGREEMENT Between CITY OF FAYETTEVILLE And CITY OF FAYETTEVILLE WATER & SEWER Project No. Z-142-2 (Uii.titi.e4) Location No2th St. Imp4ovemext FAUS M-5089 (3) (Fayettevitte) THIS AGREEMENT, made and entered into this day of /EAvC2�.7-ui(" 19 , by and between the City of Fayetteville of Arkansas, acting by and through its duly authorized- officials, hereinafter referred to as the "City", and the City of Fayetteville Water & Sewer of Fayetteville, Arkansas, 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 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 cer- tain city street improvements under the aforesaid Federal -Aid Urban System at the location specified herein, and in accordance with the plans and specifica- tions for this project and WHEREAS, the "City" has applied and received ap- proval for federal aid under the Federal -Aid Urban System for this project; and WHEREAS, in order for the "City" to be eligible for federal aid for utility adjustments, the utility adjustments must be performed and reimburse- ment 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", incorporating Federal Law and Regulations, •applicable to Federal Aid Projects, including 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 amended on November 11, 1988, 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 process- ing 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". 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. Adjust the water and sewer facilities as required to clear construction by abandoning approximately 675 feet of 12" water lines and also approximately 250 feet of 6" complete with all appurtenances and 'restore the function by in- stalling approximately 675 feet of 12" water lines and raising 35.5 manholes to grade. All existing water lines are located on city streets and thereforer 100% eligible for reimbursement. Owner does not have the manpower and equip- ment to perform this adjustment work; therefore, this work will be done by contract labor, 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 "City" desires to implement the herein described utility ad- justments or relocation, after appropriateapprovalby 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 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 Federal - Aid Highway Manual 6-6-3-1 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 ad- ditional 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 reimbursement 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" 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. 4. The "Owner" and "City" have determined that the utility adjustment and/or construction provided for hereunder is 100% eligible for.reimburse- ment to "Owner" for the actual cost, leas 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 $35,225.06' of which $35,225.00 is estimated to be the eligible reimbursable amount and -0- is the estimated nonreimbursable amount (proportionate share of the cost to be borne by "Owner"); and the basis for such cost proration or al- location between "Owner" and "City" to be followed in billing and payment stages is as set out in the attached cost estimate. 5. "Owner" shall accept as full reimbursement for work hereunder the amount developed 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 accepted by "Department" for actual cost payment. C. The estimated lump sum reimbursable amount (not over $25,000) as a firm commitment agreed as representative of the actual and reasonable total reimbursable costs for all requiredadjustment work. "Owner" further agrees to retain said cost records and accounts for in- spection and audit for a period of not less than three (3) years from the date of final payment.. 6. "Owner" shall not begin the adjustment work until authorized by the "City", and shall exercise due diligence to begin the work within6O catendatt days and to complete such work within 45 eater/an days thereafter and in .a man- ner as will result in no avoidable interference or delay to the construction work or in the adjustment of "Owner's" facilities. 7. "Owner" shall be responsible for any and all hazards to persons, property and traffic, and shall save the "Department" and "City" harmless in all respects fromanyand all losses, damages, or injuries caused by any negligent act or omission by "Owner's" employees or agent performing work un- der this agreement or future maintenance of servicing work on facilities con- structed under this agreement; and "Owner" shall, in completing said work, perform clean up and restoration of appearances of the work area, including disposal of surplus materials and debris, so as not to leave the work area in an unsafe or unsightly condition. FNWA PORTION 45$ CITY PORTION 5$. • 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 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. 9. If requested by "Owner" in writing, "Department", on behalf of shall make intermediate progress payments of 90 percent of eligible costs for utility work hereunder, at no more than monthly intervals receipt of certified statements in four (4) copies for periodic unpaid provided the intermediate billed amount is $5,000 or more (except that termediate payments shall be made on "Lump Sum" agreements). No such mediate payment shall be construed as final settlement for any item in any intermediate billing. "City" billed , upon costs, no in- inter - included 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 intermediate 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 two (2) sets of "as -built" plans repre- senting the adjustment as completed by "Owner" for acceptance by "Department" on behalf of the "City" upon being certified correct by "Department's" En- gineer. 11. The "Department", upon receiving from "Owner" the final billing docu- ments 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 theadjustmentsin "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 procedures) 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 of .the cost records and accounts of the "Owner" applicable to subject project, except that if the lump sum payment procedure (5.C) as indicated herein then initial and final payment shall be made for 100 percent of such agreed lump sum without site audit and without intermediateprogress payments; and final payment of said total eligible amount shall satisfy and discharge the "City's" reimbursement obligations hereunder. 3", • 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 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 herein above written. CITY OF FAYETTEVILLEb TiT�lo nn. +` T?"tle, 44t 342." _:,,. R ti • L w .' •A CITY OF FAYETTEVILLE WATER & SEWER T Title cAs