HomeMy WebLinkAbout23-91 RESOLUTIONRESOLUTION NO. 23-91
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A RESOLUTION AUTHORIZING THE EXECUTION OF A
WATER AND SEWER RELOCATION AGREEMENT ON THE
POPLAR STREET BRIDGE 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 $39,501.25-;"`) required to be eligible
for a 80% 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 19th day of February , 1991.
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CITY -UTILITY RELOCATION AGREEMENT
Between
ARKANSAS WESTERN GAS COMPANY
And
CITY OF FAYETTEVILLE
Project No. 4968 Location Poplar St. Bridge
FAUS BRO-0072 (10) (Fayetteville)
THIS AGREEMENT, made and entered into.this - day of ,
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 Arkansas Western Gas Company -.., of Fayetteville , Arkan-
sas, 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".
,01
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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.
Owner proposes to clear construction by abandoning in place 115 LF of 2" steel
line on street right of way and 120 LF of 2" steel line on private easement.
Service will be restored by the installation of 265 LF of 2" plastic line. A
pro rata factor of 120/235 or 51.06% has been established,
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 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 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 oncontracts 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 51.06% eligible for reimburse-
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 $4,229.85 of
which $2,159.76 is estimated to be the eligible reimbursable amount
and $2 070.09 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. 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.
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
required adjustment 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 within 60 calendar
days and to complete such work within 14 calendar days thereafter and in a man-
ner as will result in no avoidable interference or delay to the construction
work or in theadjustmentof "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 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.
(1) FHWA PORTION 80% CITY PORTION 20%
8. Unless reimbursembht 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 "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 or more (except that no in-
termediate 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.
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 withsupporting 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 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 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
intermediate progresspayments; and final payment of said total eligible
amount shall satisfy and discharge the "City's' reimbursement obligations
hereunder.
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.
ARKANSAS WESTERN GAS COMPANY
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CITY OF FAYETTEVILLE