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Home My WebLink About75-93 RESOLUTION• • • • • RESOLUTION NO. 75-93 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UTILITY RELOCATION AGREEMENT WITH ARKANSAS WESTERN GAS TO MOVE A GAS LINE FOR THE TAXIWAY EXTENSION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Se titml. That the Mayor and City Clerk are hereby authorized to execute a utility relocation agreement with Arkansas Western Gas to move a gas line for the Taxiway Extension Project. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this fl& day ofJuly , 1993. ATTEST: By:cs Sherry . `� £ nThomas, City Clerk APPROVED: By: • ; ARKANSAS' WESTERN GAS COMPANY UTILITY CONSTRUCTION/RELOCATION AGREEMENT Property Developer: City of Fayetteville Address: 113 W. Mountain Fayetteville, AR 72702 Job Location: Fayetteville Airport THIS AGREEMENT, made and ente ed into this 020.r day of and between � acting 19 % i by b and through its duly authorized repre t tivel'hereinafter referred to as the "Developer," and ARKANSAS WESTERN GAS COMPANY, acting by and through its duly authorized representative, hereinafter referred to as the "Owner." WITNESSETH: WHEREAS, the "Developer" proposes to make certain improvements at the location designation as shown above; and as part of the necessary work of such improvements, "Owner" must adjust or relocate certain of its existing facilities, and in connection with such adjustment, or relocation, "Developer" shall partici- pate in the costs of such work to the extent herein agreed upon; and WHEREAS, the proposed improvement necessitates the adjustment and/or relo- cation of certain facilities of "Owner" as described in the following description of work. To relocate and lower 6-5/8" high pressure gas transmission line across future taxiway extension at Fayetteville Airport as per plans prepared and staked by McClelland Consulting Engineers, Inc., of Fayetteville. 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 hereto and made a part hereof; and WHEREAS, the "Developer" desires to implement the herein described utility adjustments or relocations and approve the proposed utility construction 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 "Developer's" property, "Developer" hereby grants to "Owner" a right-of-way license and permission to install and operate utility facilities on or across "Developer's" properties as shown on the approved plans or sketch maps attached hereto and made a part hereof, and to execute such easements or right- of-way grants as may be necessary to evidence and record such right of "Owner." v 2. Where applicable hereunder by reason of new construction on existing utility rights of way, "Owner" hereby grants to "Developer" the right to use for his purposes the lands within the project limits on or across which "Owner" holds a valid property interest antedating "Developer'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 assigns) continues such use and occupancy and does not abandon, and thereby release, such property interest to "Developer" through facility removal in making said adjustments or by subsequent facility removal for "Owner's" convenience; and the "Developer" 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 as may be eligible for reimbursement by reason of such prior pro- perty 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 "Developer" 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 inconvenient 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 a case of 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 "Developer" 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. "Owner" shall inform "Developer," in writing, three days or more in advance of the date work is to be started, and shall keep the "Developer" informed of progress and activity related to the work being performed, and shall furnish written notice when the work is completed. 5. "Developer" agrees that the cost of the utility adjustment and/or construction provided for hereunder shall be paid to "Owner" as follows. "Owner" agrees that "Developer" will only pay actual cost of adjustment should actual cost be less than $ 17.985 . If actual cost exceeds $ 17.985 , the "Developer" will pay only actual cost. 6. "Owner" shall accept as full payment for work hereunder the amount developed or accumulated as eligible actual and related indirect costs in accordance with "Owner's" accounting procedure, which is the Uniform System of Accounts precribed by the Arkansas Public Service Commission. "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. 7. "Owner" shall be responsible for any and all hazards to persons, property, and traffic, and shall save the "Developer" 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 or ser- vicing 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. -2- • 8. If requested by "Owner" in writing, "Developer" shall make intermediate progress payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more often than monthly intervals, for work hereunder upon receipt of statements in two (2) copies for periodic and unpaid costs, provided the herein esti- mated reimbursable amount is $2,000.00 or more, and that no such intermediate payment shall be construed as final settlement for any item included in any intermediate billing. 9. "Owner" shall, within Three(3)months after completion of the adjustment and acceptance thereof by the "Developer," prepare and submit to "Developer" a detailed complete (including intermediate billings, if any) and final bill in two (2) copies and covering the total cost for the adjustment of "Owner's" facilities. 10. The "Developer," upon receiving from "Owner" the final billing documents com- plete as listed next above, shall pay "Owner" for the eligible actual cost, less all prior payments, if any, for making the adjustments in "Owner's" facilities as agreed herein. "Developer" shall pay "Owner" within thirty (30) days after such billing documents are received. If "Developer" fails to pay within said time, the amount due shall bear interest at the rate of 10 percent per annum until paid. "Developer" shall have the right to inspect and audit the books of account of "Owner" during normal business hours of "Owner" at any time within the time limit set forth in Paragraph 6 to determine the correctness of "Owner's" billing. "Owner" agrees to refund any and all amounts paid in payments found in the audit to exceed the total amount eligible for work hereunder. 11. 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, successors or assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their duly authorized representatives the date first herein above written. "OWNER„ ARKANSAS WESTERN GAS COMPANY Its: )lam President Attest: -3- "DEVELOPER" CITY OF F IT I P.. Its: Marc Attest: (If Corporation) Witness: (If Individual or Partnership)