HomeMy WebLinkAbout52-01 RESOLUTIONRESOLUTION NO. 52-01
A RESOLUTION APPROVING A CITY -UTILITY AGREEMENT
IN THE AMOUNT OF FOUR THOUSAND FORTY-FOUR DOLLARS
AND EIGHTY-FIVE CENTS ($4,044.85) BETWEEN THE CITY OF
FAYETTEVILLE AND ARKANSAS WESTERN GAS COMPANY
FOR NECESSARY ADJUSTMENTS TO THE DOUBLE SPRINGS
ROAD BRIDGE OVER OWL CREEK
BE IT RESOLVED B THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
Section 1. That the City Council hereby approves a City -Utility
Agreement in the amount of Four Thousand Forty-four Dollars and Eighty-five
Cents ($4,044.85) between the City of Fayetteville and Arkansas Western Gas
Company.
Section 2. That the City Council hereby authorizes the payment of this
$4,044.85 for necessary adjustments to the Double Springs Road bridge over Owl
Creek.
Section 3. That the City Council authorizes the Mayor to sign such an
agreement with Arkansas Western Gas Company.
ASSED AND APPROVED this /7 day of April, 2001.
BY:ea) axeZ,
eather Woodruff, City Cler
By:
DAN COODY9 ayor
NAME OF FILE: Resolution No. 52-01
CROSS REFERENCE:
04/17/01
Resolution No. 52-01
05/04/01
City -Utility Relocation Agreement between Arkansas Western Gas
Company & City of Fayetteville
05/07/01
Letter to Bill Brandt, Arkansas Western Gas Co. from Danny J. Cornett,
Utility Coordinator, Right of Way Division, RE. Job 040152 (Utilities)
BRN-9142 (1) Washington County
03/28/01
Departmental Correspondence to Dan Coody, Mayor, Don Bunn, & Jim
Beavers from Sid Norbash
02/28/01
Letter to Sid Norbash from Danny J. Cornett
04/17/01
Staff Review Form
04/24/01
Departmental Correspondence to Sid Norbash from Heather Woodruff
NOTES:
•
•
CITY -UTILITY RELOCATION AGREEMENT
Between
Arkansas Western Gas Company
And
City of Fayetteville
Project No. 040152 Location Owl Creek Str. & Apprs.
FAUS BRN-9142 (10)
THIS AGREEMENT, made and entered into 4. day of, 20
N , by and between the City of Fayetteville of Arkansas, acting byrand through its
duly authorized officials, hereinafter referred to as the "City", and the Arkansas Western
Gas Company 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:
Abandon in place approximately 1,455 LF of 2 3/8 inch steel gas line to clear construction.
Restore the function by installing 1,570 LF of 3/8 inch steel pipe. The existing 1,455 LF of
gas line is 100% reimbursable by prior rights. Work to be by force account.
The required adjustment is 100% eligible for reimbursement for the actual cost which is
estimated to be $20,224.25 of which $20224.25 is to be paid by the City and -0- is
to be borne by Owner.
(1) FHWAyORTION 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 calendary days and complete within 45 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
ARKANSAS WESTERN GAS COMPANY
le eirr cead.
Title
P`•
CITY -UTILITY RELOCATION AGREEMENT
Between
Arkansas Western Gas Company
And
City of Fayetteville
AC Ell
LSD
Project No. 040152 Location Owl Creek Str. & Apprs.
FAUS BRN-9142 (10)
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 Arkansas Western
Gas Company 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:
Abandon in place approximately 1,455 LF of 2 3/8 inch steel gas line to clear construction.
Restore the function by installing 1,570 LF of 3/8 inch steel pipe. The existing 1,455 LF of
gas line is 100% reimbursable by prior rights. Work to be by force account.
The required adjustment is 100% eligible for reimbursement for the actual cost which is
estimated to be $20,224.25 of which $20,224.25 is to be paid by the City and -0- 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 calendary days and complete within 45 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
ARKANSAS WESTERN GAS COMPANY
itle
Title
Mr. Bill Brandt
Arkansas Western Gas Co.
Post Office Box 1288
Fayetteville, AR 72702-1288
WORK ORDER.
Dear Mr. Brandt:
May 7,2001
RE. Job 040152 (Utilities)
BRN-9142 (1)
Washington County
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. 0. Box 783, Springdale,
AR 72765, telephone 501-751-0451, three (3) days before beginning work and on the day work is completed.
Danny J. Cornett
Utility Coordinator
Utilities Section
Right of Way Division
DJC/dah
Enclosures
Cc: Master Files
District Engineer
Resident Engineer #43
FAP File
City of Fayetteville (Sid Norbash)
FAYETTEVILE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To:
Thru:
From:
Date:
Re:
Fayetteville City Council
Dan
Don
Jim
coody, Mayor
Bunn, Assistant PWD
Beavers, City Enginee
Sid Norbash, Staff Engineer
March 28, 2001
Double Springs Rd. Bridge (AHTD Project)
City -Utility Contract with Arkansas Western Gas Co.
At"
The above referenced project is a Highway Department Project with
80%-20% cost share with the City of Fayetteville.
This proDect 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
Arkansas Western Gas Co. and the City of Fayetteville.
The cost of this agreement to the City will be 20% of $20,224.25 or
$4,044.85.
The Staff is requesting the Council's approval of• the attached
agreement with Arkansas Western Gas Co.
SN/sn
attachments: vicinity map
Agreement
AR.ANSAS STATE HIGHWTY
AND
TRANSPORTATION DEPARTMEN
Dan Flowers
Director
Telephone (501) 569-2000
Mr. Sid Norbash
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Dear Mr. Norbash:
February 28 2001
Job 040152 (Utilities)
BRN-9142 (1)
Owl Creek Str. & Apprs.
(Fayetteville) (S)
Route - Section -
Washington County
RECE.OVE
MAR 0 2 2001
acr t
P.O. Box 2261
Little Rock, Arkansas 72203-2261
Telefax (501) 569-2400
We have reviewed and approved the proposed adjustment plans for Arkansas Western Gas Company for
the relocation of gas facilities on the above referenced project.
An agreement covering the eligible reimbursable adjustment costs between the City of Fayetteville and
Arkansas Western Gas Company has been prepared by the Department. The original and five (5) copies
of this agreement is enclosed for your review and concurrence.
If this agreement meets with your approval, please have the instruments executed by the utility cind the
city and return the original and two (2) copies to this office for our further handling. One extra copy is
provided for the city and the utility to have as a temporary file copy until the approved copies are
returned with our authorization for you to issue the Work Order Letter.
The adjustment work should not be started until work authorization is received from this office.
Sincerely yours,
Danny J. Cornett
Utility Coordinator
Utilities Section
Right of Way Division
DJC/dah
Enclosures
cc Master Files
STAFF REVIEW FORM
_X__ AGENDA REQUEST
_X___ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting
of April 17, 2001
FROM:
Sid Norbash
Name
Engineering
Division
Public Works
Department
ACTION REQUIRED: Approval of the City -Utility Agreement between the City of
Fayetteville, and Arkansas Western Gas Co. for the necessary adjustments for
the Double Springs Rd. Bridge over Owl Creek - (An 80%-20% AHTD Project)
COST TO CITY:
$4 044 85
Cost of this Request
4470-9470-5817-00
Account Number
98036
Project Number
$129,200
Category/Project
$2.539.77
Funds Used To Date
Over
Budget
$126,660.23
Remaining Balance
BUDGET REVIEW:
Budget Co rdina
c(9
X Budgeted Item
Double Springs Rd. Bridge
Owl Creek- Utility Adjustmts.
Category/Project Name
Bridge and Drainage Imprvts.
Program Name
Sales Tax
Fund
Budget Adjustment Attached
Administrative Services Director
coNTRACT/GRANT/LEAsE
0Asebt_qattli;
REVIEW:
GRANT/NG AGENCY:
462.145 )
Acco nting Manager Dae ADA Coordinator
4e471/ cr)
City Attorney
?‘)JA9
Purchasing Officer
Date Internal
Alio\
Date
Date
3A9/o)
Auditor Date
STAFF RECOMMENDATION:
Approval of the Agreement
0164_
ate
Wild /
Date
ervices Director
with AWG Co.
Cross Reference
New Item: Yes_X No
Prey Ord/Res if:
Orig Contract Date:
Orig Contract
Staff Review Form
Description/ Double Springs Rd. Bridge
Project Name Contract with AWG Co.
Meeting Date 4-17-2001
Comments: Reference Comments:
Budget Director
Accounting Manager
City Attorney
gidea'pLr y;14,04f
Litet.e. (4.41#1 3/71( /int or L7y/06 ? a
acs' b. Utitiatate-
Purchasing Officer
x_313 fule
ADA Coordinator
Internal Auditor
FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Sid Norbash, Engineering
From: Heather Woodruff, City Clerk
Date: April 24, 2001
Attached is a copy of the resolution approving the city -utility agreement with Arkansas Western
Gas for the Owl Creek Bridge replacement. I am also returning all six originals to you Please
return one original to me after the proper signatures have been obtained. The original will be
microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit