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Home My WebLink About08-01 RESOLUTION• ACHIB IT A EX CITY-UTILITY RELOCATION AGREEMENT Between City of Fayetteville And Ozarks Electric Coop. Corp. LS ❑ IEOEOVCD MAY 1 0 01 Project No. 040152 Location Owl Creek Str. & Apprs. FAUS BRN-9142 (1) (Fayetteville) (S) THIS AGREEMENT, made and entered -into le day of 20 20 per, by and between the City of Fayetteville of Arkansas, acting by4nd through its duly authorized officials, hereinafter referred to as the "City", and the Ozarks Electric "Coop. Corp. acting by and through its duly authorized representatives, hereinafter referred to as the "Owner", The City proposes to make city street improvements as specified under the above referenced job number, and the "Owner" will adjust or relocate its existing facilities as set out in the attached plans and cost estimate. The "City" has requested that the Arkansas State Highway and Transportation Department assist the "City" by providing technical assistance for cost estimate and plan approval, for making the contractual arrangements between "City" and "Owner", and for processing billing for reimbursement. This agreement is governed by all applicable State and Federal laws, rules, and regulations including the Arkansas State Highway Commission Utility Accommodation Policy adopted by Commission Minute Order 96-167 as amended and supplemented, the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended and supplemented. DESCRIPTION OF WORK: Remove nine (9) existing poles with attachments to clear highway construction. Restore the function by installing ten (10) poles with attachments. Of the nine (9) existing poles, five (5) poles are located on private right of way; therefore, the pro rata factor is 5/9 or 55.55%. Work to be by force account. The required adjustment is 5/9 eligible for reimbursement for the actual cost which is estimated to be $22,857.94 of which $12,698.85 is to be paid by the City and $10,159.09 is to be borne by Owner. m 121 E • • • (1) FHWA PORTION 80% (2) CITY PORTION 20% (3) STATE PORTION Owner will not commence work until authorized by the City/Department and will then endeavor to begin within 30 calendar days and complete within 30 calendar days thereafter. On completion of said work, "Owner" is responsible for the cleanup and restoration of the work area including the disposal of surplus materials and debris. (1) Expenses incurred under an actual cost agreement may be billed to the City/Department monthly in increments of $5,000.00 or more. (2). Payment will be 100% of lump sum bills and 90% of actual cost bills, final 10% being released on completion of audit. (3). Final billing must include all supporting detail. "Owner" shall also submit one (1) set•of "as -built" drawings at this time. "Owner" must maintain cost records and accounts to support the agreed adjustment/relocation work. Said records to be retained and available for inspection for a period of three (3) years from date of final payment. traffic. "Owner" shall be responsible for any and all hazards to persons, property, and With respect to traffic control, Owner shall adhere to the requirements of the "Manual of Uniform Traffic Control Devices", as amended and supplemented. Owner shall save the City/Department its officers and employees harmless in all circumstances. 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 Constitution, either State or Federal. CITY OF FAYETTEVILLE Title OZARKS ELECTRIC COOP. CORP. Title SfA�; S-4,0(-7. Title • AC El LS ❑ CITY -UTILITY RELOCATION AGREEMENT Between City of Fayetteville And Ozarks Electric Coop. Corp. Project No. 040152 Location Owl Creek Str. & Apprs. FAUS BRN-9142 (1) (Fayetteville) (S) THIS AGREEMENT, made and entered into _ day of , 20 , 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 Ozarks Electric Coop. Corp. acting by and through its duly authorized representatives, hereinafter referred to as the "Owner", The City proposes to make city street improvements as specified under the above referenced job number, and the "Owner" will adjust or relocate its existing facilities as set out in the attached plans and cost estimate. The "City" has requested that the Arkansas State Highway and Transportation Department assist the "City" by providing technical assistance for cost estimate and plan approval, for making the contractual arrangements between "City" and "Owner", and for processing billing for reimbursement. This agreement is governed by all applicable State and Federal laws, rules, and regulations including the Arkansas State Highway Commission Utility Accommodation Policy adopted by Commission Minute Order 96-167 as amended and supplemented, the Federal Aid Program Guide on Utility Adjustments and Accommodation on Federal Aid Highway Projects as amended and supplemented, and the provisions of 23 CFR § 645 as amended and supplemented. DESCRIPTION OF WORK: Remove nine (9) existing poles with attachments to clear highway construction. Restore the function by installing ten (10) poles with attachments. Of the nine (9) existing poles, five (5) poles are located on private right of way; therefore, the pro rata factor is 5/9 or 55.55%. Work to be by force account. The required adjustment is 5/9 eligible for reimbursement for the actual cost which is estimated to be $22,857.94 of which $12,698.85 is to be paid by the City and $10,159.09 is to be borne by Owner. • (1) FHWA PORTION 80% (2) CITY PORTION 20% (3) STATE PORTION Owner will not commence work until authorized by the City/Department and will then endeavor to begin within 30 calendar days and complete within 30 calendar days thereafter. On completion of said work, "Owner" is responsible for the cleanup and restoration of the work area including the disposal of surplus materials and debris. (1) Expenses incurred under an actual cost agreement may be billed to the City/Department monthly in increments of $5,000.00 or more. (2). Payment will be 100% of lump sum bills and 90% of actual cost bills, final 10% being released on completion of audit. (3). Final billing must include all supporting detail. "Owner" shall also submit one (1) set of "as -built" drawings at this time. "Owner" must maintain cost records and accounts to support the agreed adjustment/relocation work. Said records to be retained and available for inspection for a period of three (3) years from date of final payment. "Owner" shall be responsible for any and all hazards to persons, property, and traffic. With respect to traffic control, Owner shall adhere to the requirements of the "Manual of Uniform Traffic Control Devices", as amended and supplemented. Owner shall save the City/Department its officers and employees harmless in all circumstances. 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 Constitution, either State or Federal. CITY OF FAYETTEVILLE Title OZARKS ELECTRIC COOP. CORP. ao- Title 5LA ; n ` SG t/ . Title NAME OF FILE: Resolution No. 8-01 CROSS REFERENCE: 02/06/01 Resolution No. 8-01 05/04/01 Exhibit "A" (City -Utility Relocation Agreement with Ozarks Electric Coop. Corp. regarding Project No. 040152 FAUS BRN-9142 (1) Owl Creek Str. & Apprs. 05/07/01 Letter to Mitchell Johnson, Ozarks Electric, from Danny J. Cornett, Utility Coordinator, regarding Job 040152 (Utilities) BRN-9142 (1) Washington County 01/08/01 Departmental Correspondence to Fayetteville City Council thru Dan Coody, Mayor, Don Bunn, Public Works Director, Jim Beavers, City Engineer, from Sid Norbash, Staff Engineer regarding Double Springs Road Bridge (AHTD Project) City -Utility Contract with Ozarks Electric Vicinity Map 02/06/01 Staff Review Form 05/08/01 Departmental Correspondence to Side Norbash, Engineering, from Heather Woodruff, City Clerk NOTES: • Mr. Mitchell Johnson Ozarks Electric Coop. Corp. Post Office Box 848 Fayetteville, AR 72702 WORK ORDER Dear Mr. Johnson: May 7, 2001 RE- Job 040152 (Utilities) BRN-9142 (1) Washington County GRECIEOVE MAY 1 0 20�? Enclosed is the approved actual cost utility agreement with plans and estimate covering the adjustment of your facilities required by highway construction. The City of Fayetteville was requested to issue work orders to each utility by_the Department's letter dated March 27, 2001; however, if you did not receive Notice to begin work let this letter be your official Work Order. Your facility's installation must be in compliance with State Laws and the Department's Utility Accommodation Policy. Any deviation from the attached plans must have prior approval of this office. You or your contractor must notify the Department's Resident Engineer: Jeff Stroud, P. O. Box 783, Springdale, AR 72765, telephone 501-751-0451, three (3) days before beginning work and on the day work is completed. DJC/dah Enclosures Cc: Master Files District Engineer Resident Engineer #43 FAP File City of Fayetteville (Sid Norbash) anny J. Cornett Utility Coordinator Utilities Section Right of Way Division Let Mi Oz; FAYETTEVIPI.E THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fayetteville City Council Thru: Dan coody, Mayor 0s'c p�,, Don Bunn, I PWD �"tJ Jim Beavers, City Engineer From: Sid Norbash, Staff Engineer */ Date: January 8, 2001 Re: Double Springs Rd. Bridge (AHTD Project) City -Utility Contract with Ozarks Electric The above referenced project is a Highway Department Project with 80%-20% cost share with the City of Fayetteville. This project includes a new bridge to replace the existing bridge over the Owl Creek, and some street improvements as well. The Highway Department has prepared the attached agreement between Ozarks Electric and the City of Fayetteville. Similar agreements with the other utility companies involved with this project will soon follow. The cost of this agreement to the City will be 20% of $12,698.85 or $2,539:77... The Staff is requesting the Council's approval of the attached agreement with Ozarks Electric. SN/sn attachments: vicinity map Agreement D 't111111,1 I1 rt cz • • STAFF REVIEW FORM _X_ AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 6, 2001 FROM: Sid Norbash Engineering Public Works Name Division Department ACTION REQUIRED: Approval of the City -Utility Agreement between the City of Fayetteville, and Ozarks Electric Coop. Corp., for the necessary adjustments for the Double Springs Rd. Bridge over Owl Creek - (An 80%-20% AHTD Project) COST TO CITY: $2,539.77 (20% of $)2.698.85) Cost of this Request Category/Project Budget Category/Project Name Double Springs Rd. Bridge $137.600 Over Owl Creek- Sewer Adits. 4470-9470-5817-00 Account Number 98036-20 Project Number 6 — Sewer Improvements Funds Used To Date Program Name X31, voo Sales Tax Remaining Balance Fund BUD T REVIEW: X Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: CiAy Att.rrnee Purchasing STAFF RECOMMENDATION: I/1(101 ,Date ADA Coordinator Date 0i4 / / �Il /6(70/ Date Interna Auditor Date 1/15101 Date GRANTING AGENCY: Approval of the Divilsion Read tmen Dire tor istrativ ervices Director Mayor o� of ate 440.4, Date Agreement with Ozarks Cross Reference Electric. New Item: Yes i( No Prev Ord/Res #: Orig Contract Date: Orig Contract Staff Review Form Description/ Double Springs Rd. Bridge Meeting Date 2-6-2001 Project Name Contract with Ozarks Elec. Comments: Reference Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVIrLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE or To: Sid Norbash, Engineering From: Heather Woodruff, City Clerk Date: February 1 A 20P1L s/FAO / Attached is a copy of the resolution approving an agreement between the City of Fayetteville and Ozark Electric Coop. Corp. I am returning the only original to you for signatures. Please return the original or a copy to my office after it has been signed. cc: Nancy Smith, Internal Audit RESOLUTION NO. 8-01 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND OZARKS ELECTRIC COOP. CORP. FOR THE NECESSARY ADJUSTMENTS FOR THE DOUBLE SPRINGS ROAD BRIDGE OVER OWL CREEK PROJECT IN THE AMOUNT OF $2,539 AS THE CITY'S SHARE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves an agreement between the City of Fayetteville and Ozarks Electric Coop. Corp. for the necessary adjustments for the Double Springs Road Bridge over Owl Creek project in the amount of $2,539 as the city's share; 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. PASSED AND APPROVED this 6th day of February , 2001. efiAide Heather Woodruff, City C1ifk APPROVED: By: 91 r 1/ C Charles D. Coody, Mayor