HomeMy WebLinkAbout51-99 RESOLUTION•
RESOLUTION NO 5 1 — 9 9
A RESOLUTION APPROVING A UTILITY
CONSTRUCTION/RELOCATION AGREEMENT IN THE
AMOUNT OF $20,500, PLUS A CONTINGENCY AMOUNT OF
$5,000 WITH ARKANSAS WESTERN GAS TO RELOCATE
APPROXIMATELY 300 LF OF 6 INCH HIGH PRESSURE GAS
LINE SOUTH OF SYCAMORE AND WEST OF LEVERETT TO
ALLOW THE CONSTRUCTION OF THE PROPOSED
IMPROVEMENTS AT THE INTERSECTION OF SYCAMORE
AND LEVERETT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS•
Section 1 That the City Council hereby approves a Utility Construction/Relocation
Agreement in the amount of $20,500, plus a contingency amount of $5,000 with Arkansas Western
Gas to relocate approximately 300 If of 6 inch high pressure gas line south of Sycamore and West
of Leverett to allow the construction of the proposed improvements at the intersection of Sycamore
and Leverett; and authorizes the Mayor and City Clerk to execute said agreement. A copy of thc
agreement is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this ft day of _ApnL, 1999.
APPROVE
•
•
tri •b.
• c • By.
. ;red Hanna, Mayor
S
i.‘• •
ArcEST:
By:
Heather Woodruff, City C1(r
1
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer: City of Fayetteville
Address: 113 West Mountain
Fayetteville, AR 72701
Job Location: Sycamore St. West of Leverett St.
A 9000n--/
EXHIP r A
THIS AGREEMENT, made and entered into this Cooh, day of ,
101 , by and between City of Fayetteville , acting by Ind through
its duly authorized representative, 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.
Relocate approximately 300LF of 6-5/8" wrapped line south of Sycamore Street
and west of Leverett Street to clear proposed construction for improvement of
Leverett and Sycamore Intersection.
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 ILERE13Y 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."
•
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
$ 20.500 . If actual cost exceeds $ 20,500 , the "Developer" will pay
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 one (1) year 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.
•
8. If requested by "Owner" in writing, "Developer" shall make intermediate
progress payments in amounts not exceeding ninety percent (908) 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 six (6) 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 adjustalteUn 49uner's" facilities as agree
herein. "Developer" shall pay "Owner" within (40) days after such bi11ingfra44k
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" "DEVELOPER"
ARKANS STERN GAS COMPANY
Attest:
ice-Presid
City of Fayetteville
a
Its: yor
Attest:
„ZiM4 ir/ArA7,
4
Item -I— Description:
ar-awvs= a4LU wcaL V/ LCYCLC‘l
to allow const. of proposed impv
at intersection ilf--87camore and
Leverett.
C
l
C
I
1
0
tn
i470-9470-5809.00
Account Number.
p To Code:
090
quester's Employee#:
327
r97030-40
I Project/SubProject
Number
Taxable:
Yes X No
co Go
P0, Number Expected Delivery Date:
. . . __ASAP
Requisition No.: Dale.
3-19-99
Z
o
X
Inventory
IFixed
Asset #
II
1
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
• et.% &Ai__
To: Jim Beavers, Engineering
From: Heather Woodruff
Date: April 9, 1999
Attached is a copy of the resolution approving the utility construction relocation agreement with
Arkansas Western Gas for your files. 1 am also returning one original for you to distribute. The
original will be microfilmed and filed with the city clerk.
cc. Yoland Fields, Internal Auditor
File
•
STAFF REVIEW FORM
x AGENDA REQUEST
__A__ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of
wimm.
April 6. 1999
745 5J -19q
Jim Beavers
Name
Engineering Public Works
Division Department
ACTION REQUESTED:
Approval of the relocation contract with Arkansas Western Gas to relocate
approximately 300 if of 6 inch high pressure gas line south of Sycamore and
west of Leverett to allow the construction of the proposed improvements at
the intersection of Sycamore and Leverett. Proposed contract $20,500.00.
Proposed contingency of $5,000.00 for unforseen/unknown subsurface
conditions and final quantities.
COST TO CITY:
$25 500 00 $579.542
Cost of this Request Category/Project
4470-9470-5809-00 $29.851 *
Capital - Streets
Budget Category/Project Name
Account Number Funds Used To Date
97030-0040 $549.691
Project Number Remaining Balance
*1998 Budget Summary dated December 31,
1998.
Street Impr.
Program Name
ales Tax
Fund
BUDGET REVIEW: X Budgeted
Bludget Coordinator
tem1 Budget Adjustment Attached
«1 kill."-.......
Admini trative Services Director
CONTRACT/GRANT/LEASE
REVIEW:
AccoureEi as, r
Purchasing Officer
GRANTING AGENCY:
3-47-gy
Date A Coordina-oIs
(::i
5-1
7-f
Date
aA•th Ahic6
3-19 C19
Date
ernal Auditor
Date
SC -97 /
Date
STAFF RECOMMENDATION: Approval.
Administrative Services
14/10te1-
Date
zootti
Director Date
3/Wit?
Date
Cross Reference
New Item: kig.
Prey Ord/Res if 24-97 *
*Design contract with Garver Engrs.
Orig Contract Date: 18 March 97
FAYETTEVILLE
THE CITY OF FAYITTIVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Fred Hanna, Mayor
Thru: Charles Venable, PW Director
Don Bunn, Asst. PW Director
From: Jim Beavers, City Engineer/4
Date: 12 March 99
Re: Agenda Request - City Council Meeting of April 6, 1999.
Proposed utility construction/relocation agreement with Arkansas Western Gas.
Sycamore/Leverett intersection.
As part of the Sycamore widening project, it has been determined that the existing 6 inch high
pressure gas line is located within a private easement with prior rights. The relocation of the 6 inch
high pressure gas line is necessary to allow construction of drainage improvements.
Staff requests approval of the enclosed utility construction/relocation agreement with Arkansas
Western Gas for approximately 300 If of 6 inch high pressure gas line south of Sycamore and west
of Leverett to allow the construction of the proposed improvements at the intersection of Sycamore
and Leverett. The estimated costs are S20,500.00. Staff also requests a $5,000.00 contingency for
unforseen/unknown subsurface conditions and final quantities. The total request is $25,500.00.
AWG will schedule the relocation into their construction, estimated at July or August periods of
lower demand.
Please note, that the proposcd relocation is for approximately 300 feet west from Leverett and will
allow for improvements to the intersection to include four lanes. The intersection improvements
will be designed and bids taken in 1999. As previously discussed with the City Council's Street
Committee, the remaining Sycamore Street to the west will not be improved at this time.
Encl:
Vicinity Map
Utility construction/relocation agreement
•
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer: City of Fayetteville
Address: 113 West Mountain
Fayetteville, AR 72701
Job Location: Sycamore St. West of Leverett St.
p- g000ci -1
THIS AGREEMENT, made and entered into this day of ,
19 , by and between City of Fayetteville , acting by and through
its duly authorized representative, 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.
Relocate approximately 300LF of 6-5/8" wrapped line south of Sycamore Street
and west of Leverett Street to clear proposed construction for improvement of
Leverett and Sycamore Intersection.
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 10 evidence and record such right oE "Owner."
•
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
provided for hereunder shall
"Developer" will only pay ac
20.500 . If actual
actual cost.
that the cost of the utility adjustment and/or construction
be paid to "Owner" as follows. "Owner" agrees that
tual cost of adjustment should actual cost be less than
cost exceeds $ 20,500 , the "Developer" will pay
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 one (1) year 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.
•
% 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 six (6) 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 adjust9AWnawner's" facilities as agreed
herein. "Developer" shall pay "Owner" withinWI' (g) days after such billing e.
e 460
documents are received. If "Developer" fails to pay within said time, the amount
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 instru:.:Jent vo.:ebe executed
in duplicate by their duly authorized representatives the date f1iS )(above
written.
. . V
'- .. .
....
"OWNER" "DEVELOPAOJP Skin
• • .:
. • . . -. •
ARKANSAS WESTERN GAS COMPANY City oE Fayetteville .'..:. '
Its: Mayor
Attest: Attest:
fly
I 4,
Its: