HomeMy WebLinkAbout55-99 RESOLUTION•
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RESOLUTION NO 55-99
A RESOLUTION APPROVING A COST-SHARING
AGREEMENT WITH THE UNIVERSITY OF ARKANSAS FOR
THE REMOVAL AND REPLACEMENT OF THE CURBS AND
GUTTERS ON EACH SIDE OF THE LANE OF ARKANSAS
AVENUE BETWEEN DICKSON AND MAPLE STREET; AND
APPROVAL OF A BUDGET ADJUSTMENT.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hcreby approves a cost-sharing agreement with the
University of Arkansas for the removal and replacement of the curbs and gutters on each side of,the
lane of Arkansas Avenue between Dickson and Maple Streets; and authorizes the Mayor and City
Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A"
and made a part hereof.
Section 7. The City Council hereby approves a budget adjustment in the $65,000
increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 99060 20 by decreasing
Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 98028 10 in the amount of $30,000
and Payments by Property Owners, Acct. No. 4470 0947 4420 00 in the amount of $35,000. A
copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof.
PASSED AND APPROVED this day of _Apt , 1999.
APPROVED:
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, -a •' " <
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ek 1.1
tea:. ; e:7
•Pe • • Pl• gl••
A.TITST.• k.
r. 0 \i'14 j
By. / j./e51.9,elt.e
eather Woodruff, City Cle
By
Fre Hanna, Mayor
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Jim Beavers, Engineering
From: Theresa Johnson, Deputy City Clerk
Date: May 26, 1999
Attached please find a copy of Resolution 55-99, the approval of a budget adjustment, and the
agreement between the City of Fayetteville and the University of Arkansas for the removal and
replacement of the curbs and gutters on Arkansas Avenue.
cc. Yolanda Fields, Internal Auditor
Steve Davis, Budget and Research
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EXHIBIT A
AGREEMENT
This Agreement is entered into by and between the Board of Trustees of the
University of Arkansas, acting for and on behalf of the University of Arkansas,
Fayetteville (collectively "University") and the City of Fayetteville ("City") pursuant to the
terms and conditions herein set forth.
WITNESSETH
WHEREAS, the University and City desire to make improvements to Arkansas
Avenue between Maple Street and Dickson Street (the "Project') for the mutual benefit
of both parties;
WHEREAS, the University and City desire to share the financial responsibility for
the Project in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, commitments,
and promises herein contained, the parties agree as follows:
1. Schedule of Imorovenients The parties mutually agree to make
improvements to Arkansas Avenue between Maple Street and Dickson Street in
accordance with the following Schedule of Improvements:
(a) Replace approximately 2,500 linear feet of curb and gutter on the east and
west sides of Arkansas Avenue.
(b) Replace all driveway approaches on the east and west sides of Arkansas
Avenue.
(c) Install approximately 8 access ramps or in any other location on Arkansas
Avenue where required by applicable federal and state law.
(d) Replace approximately 3,309 square feet of sidewalk located on the east
side of Arkansas Avenue.
(e) Repair two sets of steps between the curb and sidewalk on the west side of
Arkansas Avenue, if needed.
(f) Place an asphalt overlay on all of Arkansas Avenue.
(g) Topsoil, dress, seed, and straw areas disturbed by any work on the Project.
Throughout the remainder of this Agreement, the foregoing items shall be referred to as
the "Schedule of Improvements." A copy of the plan identifying each component of the
Schedule of Improvements is attached hereto as Exhibit A and is fully incorporated
herein by reference.
2. Responsibilities of University. In consideration of the completion of the
Project and all other covenants and promises herein set forth, the University agrees to
pay the actual cost of the following items comprising the Schedule of Improvements:
(a) The actual cost of the removal and replacement of the curb and gutter
sections located on the north end of the east side and the entire length of the west side
of Arkansas Avenue between Maple Street and Dickson Street (approximately 1,530
linear feet).
(b) The actual cost of repairing two sets of steps between the curb and sidewalk
on the west side of Arkansas Avenue, if needed.
(c) The actual cost of replacing one driveway approach if found necessary.
Upon the completion and acceptance of all tasks set forth in the Schedule of
Improvements, the City will bill the University for actual expenses incurred for the items
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identified in Paragraph 2(a) -(c). In turn, the University will have thirty (30) days to make
payment to the City after receiving the invoice. The parties further agree that the
University shall be responsible for a maximum of $35,000 as its share of the cost for the
completion of the Schedule of Improvements. In the event that the actual costs of the
work for the items set forth in this paragraph exceed $35,000, the City agrees to notify
the University of any costs which are estimated to be in excess of the aggregate total of
$35,000 and the parties may then renegotiate the scope and responsibilities relating to
the Project. In no event, however, shall the University be responsible for any additional
costs relating to the Project without its prior written approval.
3. Responsibilities of City. In consideration for the University's cooperation and
performance of all other obligations set forth in this Agreement, the City agrees to be
solely responsible for paying any and all costs for the completion of all items set forth in
the Schedule of Improvements except for those items specified in Paragraph 2(a) -(c)
as the financial responsibility of the University. Additionally, the City shall be
responsible for performing, supervising, and directing all work necessary to complete
each and every item set forth in the Schedule Of Improvements. The City may contract
with a third -party contractor to perform any and all necessary work to complete the
Schedule of Improvements. The City, however, shall be solely responsible for any and
all payments to the third -party contractor but may invoice the University for the actual
cost of the items set forth in Paragraph 2(a) -(c) subject to any limitations set forth
therein.
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If the City contracts with any third -party contractor to perform any or all of the
work for the Project, then the City shall ensure that the third -party contractor maintains
all necessary insurance with respect to the Project and that the third -party contractor
agrees to indemnify both the City and the University from any and all claims of any
nature whatsoever arising from or relating to the Project.
4. Time of Performance. The parties agree that the work to complete the
Project shall begin on or after May 31, 1999, and shall be completed on or before
August 23, 1999 or as the parties otherwise agree in writing.
5. Independent Parties. The parties agree that they are independent parties
and nothing in this Agreement shall be construed as creating any agency relationship,
joint venture, partnership, or any other relationship of other than that of independent
parties.
6. No Assignment. This Agreement shall not be assigned, transferred, or
conveyed in any manner unless both parties otherwise agree to do so, in writing, in
advance.
7. Amendments. This Agreement constitutes the entire understanding by and
between the parties with respect to the subject matter hereof and supersedes any and
all prior understandings and agreements, oral and written, relating hereto. This
Agreement may not be changed or altered except by written agreement of the parties.
8. Mutual Drafting. This Agreement has been negotiated, drafted, and revised
by both parties and should be construed accordingly. Accordingly, the rule of
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construction that ambiguity is construed against the drafting party shall have no
application in any dispute over the interpretation of this Agreement.
9. Independent Analysis. The parties respectively acknowledge and agree that
they have consulted with competent, independent legal counsel of their choice before
entering into this Agreement.
10. Severability. The parties agree that in the event that one or more of the
provisions contained in this Agreement should be held invalid, illegal, or unenforceable
in any respect or jurisdiction, the validity, legality and enforceability of such provision or
provisions will not in any way be affected or impaired thereby in any other jurisdiction
and the validity, legality, and enforceability of the remaining provisions contained herein
shall not in any way be affected or impaired thereby.
11. Governing Law. This Agreement is made pursuant to and shall be
governed by the laws of the State of Arkansas.
12. Liens. If, because of any act or omission of the City or any third -party
contractor, any mechanics or other lien or order for the payment of money is filed
against any real property owned by the University, the City or its third -party contractor
shall, at their sole cost and expense, cause the same to be canceled and discharged of
record, within sixty (60) days after the date of filing thereof. Nothing in this provision,
however, shall be construed as a waiver of the University's or the City's sovereign
immunity under any theory or that any party would be entitled to file a lien against the
University or the City.
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13. Waiver. No waiver of any term, provision, or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed or
construed to be a further or continuing waiver of any such term, provision, or condition
of this Agreement.
14. Time of the Essence. The parties agree that time is of the essence in all
respects concerning this Agreement and performance hereunder.
15. Notices. Any notice or communication required or permitted to be given
hereunder shall be in writing and delivered personally, by overnight courier, by facsimile
or by United States certified mail, postage prepaid with return receipt requested,
addressed to the parties as follows:
To University:
with a copy to:
To the City
Leo Yanda
Director of Physical Plant
University of Arkansas
PHPL 142
Fayetteville, Arkansas 72701
Facsimile No.: (501) 575-7268
Office of the General Counsel
421 Administration Building
University of Arkansas
Fayetteville, Arkansas 72701
Facsimile No.: (501) 575-5046
Charles Venable
Public Works Director
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
Facsimile No.: (501) 575-8257
With a copy to: Jerry E Rose
113W. Mountain St.
Fayetteville, Arkansas 72701
Facsimile No.: (501) 575-8315
or to such other persons or places as either of the parties may hereafter designate in
writing. Such notice shall be effective when received or on the date of personal or
courier delivery or on the day of deposit in the U.S. Mail as provided above, whichever
is earlier. Rejection or other refusal to accept shall not affect the validity or
effectiveness of the notice given.
16. Counterparts. This Agreement may be executed concurrently in one or
more counterparts, each of which shall be an original, but all of which together shall
constitute one and the same instrument. This Agreement shall not be binding upon
either party until executed by each party hereto.
IN WITNESS WHEREOF, the parties set their hands by their duly authorized
respective officers. This Agreement is effective on the date of the last required
signature.
BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS, ACTING FOR
AND ON BEHALF OF THE UNIVERSITY OF
ARKANSAS, FAYETTEVILLE
By:.S.
DONALD 0. PEDERSON
Vice Chancellor for Finance and
Administration
Date: 57 579,
Approved:
LEO YA A
Director of Physical Plant
University of Arkansas,
Fayetteville
Date:
CITY OF FAYETTEVILLE
By:
Date:
FRED HANNA
Mayor /
4/)4
City of Fayetteville, Arkansas
Budget Adjustment Farm
EXHIBIT B
Budget Year
1999
Department Sales Tax Capital Improvement Fund
Division:
Program:
Date Requested
04/09/99
Adjustment
Project or hem Requested:
Authorization s requested to establish a new project to remove
and replace curb and gutter along Arkansas Avenue between
Maple and Dickson streets.
Project or Item Deleted:
Funding for the project is from two sources: payment by the
University of Arkansas and reallocation of funding for Cleveland
Street - Garland to Frisco.
Justification of this Increase:
The City is scheduled to resurface Arkansas Avenue as part of
the Pavement Improvements Project and the University
requested that the curb and gutter be repaired.
Justification of this Decrease:
The University is funding their portion of the project
and Cleveland Street - Garland to Frisco project was
removed by City Council action during the budget
process for 1999.
Increase Expen e (Decrease Revenue)
Account Name Amount
Street Improvements 65,000
Account Name
Street Improvements
Payments by Property Owners
Account Number Project Number
4470 9470
Decrease Expense (Increase Revenue)
5809 00 99060 20
Amount Account Number Project Number
30,000
35,000
4470 9470
5809 00 98028 10
4470 0947 4420 00
Approval Signatures
Department Director
Admin. Suniecs Director
May
Date
Dye
Date
Blue Copy: Budget & Research / Yellow Copy: Requester
Budget Office Use Only
Type: A
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
CAAPPW9BUDGETBUDGTADAARK_AVE
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STAFF REVIEW FORM
AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Mayor's Signature.
301i40 9311:1310 A.110
3111A31.13AV 30 alp
FROM:
666L LZ inr
coA13038
• ened-ra /At. A.
. SicLat
A PA -C Aviwtset.s
*
iviicxotilLMED
Paul Libertini,ske Engineering Public Works
Name Division Denattment
ACTION REQUIRED: Approve Change Order #1 to the contract for Arkansas Avenue Sidewalk Reconstruction with
APAC-Arkansas, Inc., McClinton -Anchor Division in the amount of $ 4,600.00.
cosT TO CITY:
$ 4,600
Cost of this Request
4470-9470-5814.00
Account Number
99060-1
Project Number
$ 135,143
Category/Project Budget
$ 92 880
Funds °Used To Date
$ 4;263
Remaining Balance
Arkansas Avenue
Sidewalk Rcconstruction
Category/Project Name
Sidewalk Improvements
Program Name
Sales Tax
Fund
BUDGET REVIEW:
oor nator
X Budgeted Item
Budget Adjustment Anachcd
Cce
Admin
five ervices Directo
CONTRACT/GRANT/LEASE REVIEW:
k:t
Pure asing Officer
2-23 -/79
Date
bate
1- a-3 -91
bate
GRANTING AGENCY:
Tntemal Auditor
ADA Coordinator
Date
bate
STAFF RECOMMENDATION: Approval of action items listed above.
12 91
bate
-7-•ZG
bate
Cross Reference
New Item: Ycs x No _
Prey OrcVRes #: 5C9 1
Ong Contract Date:
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STAFF REVIEW FORM
Description Arkansas Avenue Sidewalk Reconstruction
Comments: Reference Comments:
Budget Coordinator
Accounting Manager
City Attomcy
Purchasing Officer
ADA Coordinator
Internal Auditor
Change Order #1
Page 2
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Paul Libertini, Engineering
From: Theresa Johnson, Deputy City Clerk er
Date: August 2, 1999
Re: Arkansas Avenue Sidewalk Reconstruction, Change Order #1
Attached please find one copy of the staff review form and change order with APAC-Arknansas,
Inc. The original will be microfilmed and filed with the City Clerk's office.
cc: Yolanda Fields, Internal Auditor
FAYETTEVILLE
TM CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mayor Fred Hanna
Thru Charles Venable, Public Works Director
Don Bunn, Assistant Public Works Director
Jim Beavers, City EngineeiS
From Paul Libertini, Staff Engine9.,
Date July 22, 1999
Re: Change Order #1
Arkansas Avenue Sidewalk Reconstruction
Staff Recommendation: Staff recommends that the Mayor approves Change Order #1 to the
construction contract with McClinton -Anchor for the reconstruction of Arkansas Avenue Sidewalk in
the amount of $ 4,600.
Project Background: On April 20, 1999, the City Council approved Resolution No. 55-99 approving a
cost-sharing agreement with the University of Arkansas for the removal and replacement of the curbs
and gutters on each side of thc road on Arkansas Avenue between Dickson and Maple Streets. This
agreement also included replacing approximately 3,309 square feet of sidewalk located on the east side
of Arkansas Avenue. In keeping with thc agreement, the Engineering Division completed in-house
design plans for the removal and replacement of the referenced sidewalk, and the City Council approved
a resolution on July 6th to award the contract to the low bidder, McClinton -Anchor.
Change Order #1: Bid Item No. 23 "Final Cleanup, seeding and mulching" is being added into the
contract.
Estimated Proiect Costs: The original contract amount was $ 54,654.35 with a project contingency of
$ 13,488.15 and materials testing of $ 2,000, for a total of $ 70,142.50. The amount of construction
costs including this change order totals $ 59,254.35.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
July 22, 1999
James A. Cole, Vice President
APAC-Arkansas, McClinton -Anchor Division
PO Box 1367
Fayetteville AR 72702
RE • Change Order #1
Arkansas Avenue Sidewalk Reconstruction
Dear Mr. Cole,
As previously discussed, the City has decided to add Bid Item No. 23 to your contract at the original
bid price as follows:
PAYMENT ITEMS
Item
No.
Item Description
Unit
Estitnated
Quantity
Unit Price
Extended
Price
23
Final
Cleanup,
seeding and mulching
AC
0.2
$23,000.00
$4,600.00
Original Contract Amount
$54,654.35
Net Increase (decrease) of the Change Order
$ 4,600.00
Revised Contract Amount
$59,254.35
Please review this change order data and confirm by signing the accompanying EJCDC Change
Order form.
Sincerely,
Paul Libertini, P.E.
Staff Engineer
attachment
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
CHANGE ORDER
(Instructions on reverse side) No /
PROJECT diecfWaSitle/ebe 4-57Pe?ea/4 /41-61e)v.rf-Aracr/tv,
DATE OF ISSUANCE 01 g? EFFECTIVE DATE
OWNER C(77 ac
OWNER's Contract No. 4e/P 7? -5:43
CONTRACTOR ealfifniti4Cx0.144 ENGINEER 67, 17 ac•"*.Strid:frna
You are directed to make the following changes in the Contract Documents.
Description:
Reason for Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Original Contract Price
$ Sit 6.5.--ce. AFC
CHANGE IN CONTRACT
Original Contract Times
Substantial Completion.
TIMES:
Ready for final payment.
...900
rri
di( 1 or dares
Net changes from previous Change Orders No.
to No.
Net change from previous Change
aorit
Orders No ----to No
$ Afit
Contract Price prior to this Change Order.
$ .5-1 Grle. ArS"
/
Contract Times prior to this Change Order
Substantial Completion.
Ready for final payment. .3e2
days or dein
Net Increase (decrease) of this Change Order
$ *15 Goo • 00
Net Increase (decrease) of this Change Order
-61--
day$
Contract Mice with all approved Change Orders
$ ..r? 25-1 e,5-
Contract Times with all approved Change Orders
Substantial Completion• ApVAt
Ready for final payment. • gfl
/
days or dam
RECOMMENDED:
Date:
APPROVE
By:
Engineer (Authorized Signahnel
Date:
Osuner I honied S tu )
ACCEPT'
By • 4444.1.C.,
Coruractor (Authorized Signature)
A 4.4.0,
Date.
the/99
EJCDC No. 1910-8-B (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America
STAFF REVIEW FORM
X Agenda Request
Contract Review
Grant Review
ARKANSAS AVENUE
A.1 page 1
/Zes s-49
For the Fayetteville City Council meeting of April 20. 1999 MICROFILMED
FROM:
Charles Venable Public Works
Name
Division Department
ACTION REQUIRED: Approval of a budget adjustment and a resolution authorizing the
Mayor to enter into a cost-sharing agreement with the University of Arkansas for the removal
and replacement of the curbs and gutters located on the outside of each lane of Arkansas
Avenue between Dickson and Maple Streets.
COST TO CITY:
$65.000
Cost of this Request
00- 9 Lilo - soci -6 f)
Account Number
q060
Project Number
$ -0 -
et EA, Ague e
Category/Project Budget Category/Pro-ect Name
$ - -
Funds Used to Date
$
Remaining Balance
BU GET rr:
oo ittor
Budgeted Item
Program Name
aJes rei-K eidPI ref( risvi
Fund
/Budget Adjustment Attached
Administrative Services Director
T/LEASE REVIEW: GRANTING AGENCY:
Accou
CityAttJ ey
Date
- 2 •6
Date
-Rkh:Qe
Purchasing Officer
Date
Date
Date
STAFF RECOMMENDATION:
atton• Head Date
1..4 CAC_ en 44
rtment Director Date
rkktiq
Admirus Servi Director Date
/ • ig
Cross Reference
New Item: Yes No
Prey Ord/Res #:
Date Orig Contract Date:
ARKANSAS AVENUE
A.1 page 2 1,4 J2EVIILE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
Fred Hanna, Mayor
From: Charles Venable, Public Works Director
Date: April 1, 1999
Subject: Agenda Request --City Council meeting April 20, 1999, approval of an agreement
between the City of Fayetteville and the University of Arkansas for cost-sharing
improvements to Arkansas Avenue, and approval of a budget adjustment to fund the
project.
As you know, the Street Department roto -milled the surface of Arkansas Avenue between Maple
and Dickson Streets in early December in preparation of resurfacing the street during the semester
break. However, the weather prevented the placement of the asphalt during this time, and the
spring semester began before the weather improved. Since students park along both sides of the
street, it was decided to wait until summer to resurface.
In early February, the University of Arkansas Physical Plant Director contacted me inquiring if the
City intended to replace the curb and gutters when we did the resurfacing. We informed him that
we did not. He indicated the University would be interested in cost-sharing the replacement of
the curb and gutter sections along the outside of each lane since they are not in very good shape.
The University agreed to pay for the replacement of the curb and gutter sections that were
adjacent to their property which entails all of the curb and gutters located on the west side and a
portion of the curb and gutters located near Maple Street on the east side.
The attached agreement has been reviewed by the University, Jerry Rose, Randy Allen, and
myself, and approval is requested in order to proceed with the project. The work will be done
sometime after May 31, and prior to August 23, while the majority of the students are out of
school.
The estimated cost is $65,000 for replacing the curb and gutters, utilizing our personnel to
remove them and utilizing the contractor, that was approved by the council on a yearly basis, to
replace them. The cost of replacing the sidewalks on the east side is approximately $15,000. No
sidewalk replacement is needed on the west side.
.ARKANSAS AVENUE
A.I page 3
Fred Hanna
April 1, 1999
Page 2
The University will be billed for the actual expenses incurred (estimated to be no greater than
$35,000) upon completion of the project. Therefore, a budget adjustment for removal and
replacement of the curb and gutter section, will be necessary in the amount of $65,000, since no
funds were set aside for this project in the CIP. The sidewalk replacement will be funded from the
funds approved in the budget. The resurfacing costs have been made a part of the 1999 Street
Resurfacing program.
CV:msm
attachments
ARKANSAS AVENUE'S"I DUI>rlrcoo uoiri 'v Io:uo uu.ebe ue/u'i
A,I page 4
AGREEMENT
This Agreement is entered into by and between the Board of Trustees of the
University of Arkansas, acting for and on behalf of the University of Arkansas, Fayetteville
(collectively "University") and the City of Fayetteville ("City") pursuant to the terms and
conditions herein set forth.
WI TNESSETH
WHEREAS, the University and City desire to make improvements to Arkansas
Avenue between Maple Street and Dickson Street (the "Project") for the mutual benefit of
both parties;
WHEREAS, the University and City desire to share the financial responsibility for
the Project in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, commitments, and
promises herein contained, the parties agree as follows:
1. Schedule of Improvements. The parties mutually agree to make improvements
to Arkansas Avenue between Maple Street and Dickson Street in accordance with the
following Schedule of Improvements:
(a) Replace approximately 2,500 linear feet of curb and gutter on the east and west
sides of Arkansas Avenue.
(b) Replace all driveway approaches on the east and west sides of Arkansas
Avenue.
(c) Install approximately 8 access ramps or in any other location on Arkansas
Avenue where required by applicable federal and state law.
Dry c�—
UA PHYSICAL PLANI SUb/S/d6d u3leV '9V 15:06 NO.
GET-RAL L7NNStL rax:xn-xrcu4o nar n7 77 1l•J1 ARKANSAS AVENUE
A,1 page 5
(d) Replace approximately 3,309 square feet of sidewalk located on the east side
of Arkansas Avenue.
(e)
Repair
two
sets of steps between the curb and sidewalk on the west side of
Arkansas
Avenue.
rF
Al
(f) Place an asphalt overlay on all of Arkansas Avenue.
(g) Topsoil, dress, seed, and straw areas disturbed by any work on the Project.
Throughout the remainder of this Agreement, the foregoing items shall be referred to as
the "Schedule of Improvements." A copy of the plan identifying each component of the
Schedule of Improvements is attached hereto as Exhibit A and is fully incorporated herein
by reference.
2. Responsibilities of University. Inconsideration of the completion of the Project
and all other covenants and promises herein set forth, the University agrees to pay the
actual cost of the following items comprising the Schedule of Improvements:
(a) The actual cost of the removal and replacement of the curb and gutter sections
North cv+d OF /Ac
located on the�east sid of Arkansas Avenue between Maple Street and Dickson Street
04d ii e &* C /c4#lgtlil p,c t%,c jr Siclt
(approximately 1,530 linear feet).
(b) The actual cost of repairing two sets of steps between the curb and sidewalk
on the west side of Arkansas Avenue. IF
(c) The actual cost of replacing one driveway if Yfound necessary. Upon the
completion and acceptance of all tasks set forth in the Schedule of Improvements, the City
will bill the University for actual expenses incurred for the items identified in Paragraph
2(a) -(c). In turn, the University will have thirty (30) days to make payment to the City after
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ARKANSAS AVENUE i*6tL•I
A.1 page 6
>0]) fl
rax:oul—�r5 xwo
US/C`/ /v 'IS:U( NO.e6e U4/U9
tier- n 77 iL•ai r.U4
receiving the invoice. The parties further agree that the University shall be responsible for
a maximum of $35,000 as its share of the cost for the completion of the Schedule of
Improvements. In the event that the actual costs of the work for the items set forth in this
paragraph exceed S35,000, the City agrees to notify the University of any costs which are
estimated to be in excess of the aggregate total of $35,000 and the parties may then
renegotiate the scope and responsibilities relating to the Project. In no event, however,
shall the University be responsible for any additional costs relating to the Project without
its prior written approval.
3. Responsibilities of City. In consideration for the University's cooperation and
performance of all other obligations set forth in this Agreement, the City agrees to be solely
responsible for paying any and all costs for the completion of all items set forth in the
Schedule of Improvements except for those items specified in Paragraph 2(a) -(c) as the
financial responsibility of the University. Additionally, the City shall be responsible for
performing, supervising, and directing all work necessary to complete each and every item
set forth in the Schedule Of Improvements. The City may contract with a third -party
contractor to perform any and all necessary work to complete the Schedule of
Improvements. The City, however, shall be solely responsible for any and all payments
to the third -party contractor but may invoice the University for the actual cost of the items
set forth in Paragraph 2(a) -(c) subject to any limitations set forth therein.
If the City contracts with any third -party contractor to perform any or all of the work
for the Project, then the City shall ensure that the third -party contractor maintains all
necessary insurance with respect to the Project and that the third -party contractor agrees
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UA eNTSILAL VLANI
GNCRFL COUNSEL
Fax:501-575-5046
Y7 I):u( NU.4 AR"NSAS AVENUE.
Mar 29 . '99 ..12.32. ....
"' A. t page 7
to indemnify both the City and the University from any and all claims of any nature
whatsoever arising from or relating to the Project.
4. Time of Performance. The parties agree that the work to complete the Project
shall begin on or after May 31, 1999, and shall be completed on or before August 23. 1999
or as the parties otherwise agree in writing.
5. Independent Parties. The parties agree that they are independent parties and
nothing in thIs Agreement shall be construed as creating any agency relationship, joint
venture, partnership, or any other relationship of other than that of independent parties.
6. No Assignment. This Agreement shall not be assigned, transferred, or
conveyed in any manner unless both parties otherwise agree to do so, in writing, in
advance.
7. Amendments. This Agreement constitutes the entire understanding by and
between the parties with respect to the subject matter hereof and supersedes any and all
prior understandings and agreements, oral and written, relating hereto. This Agreement
may not be changed or altered except by written agreement of the parties.
8. Mutual Drafting. This Agreement has been negotiated, drafted, and revised by
both parties and should be construed accordingly. Accordingly, the rule of construction
that ambiguity is construed against the drafting party shall have no application in any
dispute over the interpretation of this Agreement.
9. Independent Analysis. The parties respectively acknowledge and agree that ;
they have consulted with competent, independent legal counsel of their choice before
entering into this Agreement.
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ARKANSAS AVENUE MM
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7VID(D(000
Fax:501-575-5045
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Mar 29 '99 12:32 P.06:. ..
I.
10. Severability. The parties agree that in the event that one or more of the
provisions contained in this Agreement should be held invalid, illegal, or unenforceable in
any respect or jurisdiction, the validity, legality and enforceability of such provision or
provisions will not in any way be affected or impaired thereby in any other jurisdiction and
the validity, legality, and enforceability of the remaining provisions contained herein shall
not in any way be affected or impaired thereby.
11. Governing Law. This Agreement is made pursuant to and shall be governed
by the laws of the State of Arkansas.
12. Liens. If, because of any act or omission of the City or any third -party
contractor, any mechanics or other lien or order for the payment of money is filed against
any real property owned by the University, the City or its third -party contractor shall, at their
sole cost and expense, cause the same to be canceled and discharged of record, within
sixty (60) days after the date of filing thereof. Nothing in this provision , however, shall be
oC The Q;41 5711Tt/Amaal 7b►'
construed as a waiver of the University's sovereign immunityAor that any party would be
entitled to file a lien against the University or the City.
13. Waiver. No waiver of any term, provision, or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed or
construed to be a further or continuing waiver of any such term, provision, or condition of
this Agreement.
14. Time of the Essence. The parties agree that time Is of the essence in all
respects concerning this Agreement and performance hereunder.
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WA rnrbsLAL rLANI
GENERRPL COUNSEL
JU I)O(C00
Fax:50i-575-5046
u� 12:32 i �: 2 nom.
Mar 2.9 '99 ARKANSAS AVENUE
A.1 page 9
15. Notices. Any notice or communication required or permitted to be given
hereunder shall be in writing and delivered personally, by overnight courier, by facsimile
or by United States certified mail, postage prepaid with return receipt requested, addressed
to the parties as follows:
To University: Leo Yanda
Director of Physical Plant
University of Arkansas
PHPL 142
Fayetteville, Arkansas 72701
Facsimile No.: (501) 575-7268
with a copy to: Office of the General Counsel
421 Administration Building
University of Arkansas
Fayetteville, Arkansas 72701
Facsimile No.: (501) 575-5046
To the City Charles Venable
Public Works Director
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
Facsimile No.: (501) 575-8257
With a copy to: Jerry E. Rose
113 W. Mountain St.
Fayettevilie, Arkansas 72701
Facsimile No.: (501) 575-8315
or to such other persons or places as either of the parties may hereafter designate in
writing. Such notice shall be effective when received or on the date of personal or courier
delivery or on the day of deposit in the U.S. Mail as provided above, whicheveris earlier.
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Rejection or other refusal to accept shall not affect the validity or effectiveness of the notice
given.
16. Counterparts. This Agreement may be executed concurrently in one or more
counterparts, each of which shall be an original, but all of which together shall constitute
one and the same instrument. This Agreement shall not be binding upon either party until
executed by each party hereto.
IN WITNESS WHEREOF, the parties set their hands by their duly authorized
respective officers. This Agreement is effective on the date of the last required signature.
BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS, ACTING FOR
AND ON BEHALF OF THE UNIVERSITY OF
ARKANSAS, FAYETTEVILLE
By:
DONALD O. PEDERSON
Vice Chancellor for Finance and
Administration
Date:
Approved:
LEO YANDA
Director of Physical Plant
University of Arkansas,
Fayetteville
Date:
CITY OF FAYETTEVILLE
By:
Date:
.7.
FAYETTEVI LLE
ARKANSAS AVENUE
A.1 page 1l
THE CITY OF FAYETTEVILLE, ARKANSAS
February 18, 1999
Mr. Leo Yanda
Physical Plant Director
University of Arkansas
521 South Razorback Road
Fayetteville AR 72701
RE: Arkansas Ave ue
Dear Mr. Yand�
Reference is made to our meeting on February 9, regarding the subject project. We
discussed the replacement of the curb and gutter along the outside of both lanes and how
this might be accomplished prior to resurfacing the street. We had received a quote of
S21.25 per foot to remove and replace the curb and gutter. Using this, an estimate c1°
costs of approximately 535,000 was derived for the portion the University of Arkansas
agreed was their responsibility which entailed all of the west side of the south -bound lane
and a portion of the east side of the north -bound lane located near the Maple Street
intersection. The remaining curb and gutter section would then be the City of
Fayetteville's responsibility. Mr. Jay Huneycutt called me on February 11, stating that
the University was ok with this arrangement.
Since that time we have investigated the possibility of the City removing the curb and
gutter section with our forces and preparing the subbase for the curb and gutter to be done
by contract. A copy of this estimate of costs is enclosed for your information. As you
can see, this method is estimated to cost a little less than if the contractor did all of the
work and will probably be the way in which we actually do the work. Since school is
now in session and the students park along both sides of the street, it would be summer
before the actual work could be undertaken.
113 WEST MOUNTAIN 72701 501-521.7700
FAX 501-575-8257
ARKANSAS AVENUE
A.1 page 12
Leo Yanda
Page 2
I suppose some type of agreement should be drawn up between the University and City
citing the responsibilities of each. We will be happy to draft such an agreement for your
review.
Please do not hesitate to call if you have any questions.
Yours truly,
ah4aurIles Venable
Public Works Director
CV:msm
c Mayor Hanna
Randy Allen
enclosure
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ARKANSAS AVENUE
A.1 page 15
CITY OF FAYETTEVILLE
SIDEWALK & TRAILS DIVISION
COST ESTIMATE
JOB: Arkansas Avenue Sidewalk Replacement
(Remove and replace sidewalks and add
access ramps on (lie east side of Arkansas
Avenue between Dickson St. & Maple St.)
DATE OF ESTIMATE: Fcbtvary 19. 1999
EMPLOYEE
TYPE
C
FIR,
IIRS
MEN
TOTAL
VEIL
NO.
DESCRIPTION
n
lIR
IIRS
TOTAL
Cl.
17.27
120
I
2072.40
264
1990 3/4 Ton P/U
1.17
120
140.40
MW III
11.95
120
2
2868.00
300
1988 3500 Dump
2.17
120
260.40
MW IV
14.00
120
2
3360.00
713
1983 Dump Truck
2.93
80
234.40
975
1997 Skid Steer
3.49
80
279.20
982
1997 Trailer 6x 12
.19
120
22.80
983
1997 Bclshe Trailer
1.45
80
116.00
640
575E I3ackhoc
9.71
40
388.40
STIMATED LABOR COST $830040 ESTIMATED EQUIPMENT COST $1441.60
ESTIMATED TOTAL Per are Foot 1.64 ESTIMATED TOTAL Per Square
MATERIALS: Dowels, Expansion Joints, Caulking and Base Material ESTIMATED MATERIAL COST $1000.00
PSTIMATPrl Per Snnern 1:...a a Ann
SIDEWALKS
DRIVEWAY APPROACIIES
ACCESS RAMPS
4 INCH 4000 PSI CONCRETE
6 INCH 4000 PSI CONCRETE
6 INCH 4000 PSI CONCRETE
102' x 5' = 510 Square Feet
57' x 7' = 399 Square Feet
8 RAMPS
166' x5' = 830 Square Feet
13' x 8' = 104 Square Feet
137' x 5' = 685 Square Feet
20' x 9' = I80 Square Feet
146' x 5' = 730 Square Feet
25' x 12' = 300 Square Feet
100' x 4' = 400 Square Feet
26' x 4' 104 Square Feet
10' x 5' 50 Square Feet
ESTIMATED SIDEWALK TOTAL ESTIMATED AI'PROACII TOTAL. ESTIMATED ACCESS TOTAL
3309 Sq Feet = 42 Cu Yds of Concrete 983 Sq. Ft. = 20 Cu. Yds of Concrete 760 Sq. Ft. = 16 Cu Yds of Cone.
a $60.00 Per Cubic Yard C? $60.00 I'cr Cubic Ynid @ $60.00 Per Cubic Yard
'STIMATED SIDEWALK ESTIMATED APPROACH ESTIMATED ACCESS RAMP
TOTAL. COST $252000 TOTAL. COST $1200.00 TOTAL. COST $960.00
ESTIMATE!) SIDEWALK ESTIMATED API'ROACII ESTIMATED ACCESS TOTAL
Per Square Foot $0.76 Per Saciare Foot SI .22 Per Souarc Fl $1.26
TOTAL. JOB COST ESTIMA'IF $15 422 00 ESIIMATEI) uv) COS•1' PER SQUARE FOOT $1 t
City or Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
Department:
Sales Tax Capital
Improvement Fund
Date Requested
Adjustment IS
1999
Division:
04/09/99
Program:
Project or Item Requested:
Authorization is requested to establish a new project to remove
and replace curb and gutter along Arkansas Avenue between
Maple and Dickson streets.
Justification of this Increase:
The City is scheduled to resurface Arkansas Avenue as part of
the Pavement Improvements Project and the University
requested that the curb and gutter be repaired.
Project or Item Deleted:
Funding for the project is from two sources: payment by the
University of Arkansas and reallocation of funding for Cleveland
Street - Garland to Frisco.
fustification of this Decrease:
The University is funding their portion of the project
and Cleveland Street - Garland to Frisco project was
removed by City Council action during the budget
process for 1999.
Increase Expense (Decrease Revenue)
Account Name Amount Account Number _Project Number
Street Improvements 65,000 4470 9470 5809 00 99060 20
Account Name
Street Improvements
Payments by Property Owners
Approval Signatures
Decrease Expense (Increase Revenue)
Amount Ac
30,000 4470 9470
35,000 4470 0947
Requeste By to
__ - 4/f
a
Department Director Date
Admin. Services Director
Mayor
Date
Number
5809 00
4420 00_
Budget Office Use Only
Project Number
98028 10
Type: A B C E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Date I Entered in Category Log __
Blue Copy: Budget & Research / Yellow Copy: Requester C:WPf199BUDGET\BUDGTADIWRA AVL
I