HomeMy WebLinkAbout193-07 RESOLUTIONRESOLUTION NO. 193-07
A RESOLUTION APPROVING AN AGREEMENT WITH
ARKANSAS WESTERN GAS COMPANY FOR RELOCATION OF
GAS UTILITY FACILITIES ON ZION ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an agreement with Arkansas Western Gas Company for
relocation of gas utility facilities on Zion Road, a copy of which, marked Exhibit
"A," is attached hereto and made a part hereof.
PASSED and APPROVED this 20th day of November, 2007.
APPROV . # ATTEST.
By:
By:
4 SONDRA E. SMITH, City Clerk/Treasurer
DAN COODY, Mayo
$G\, 4,4 �Z• OEtoo
'•,
:U '�:
= FAYETTEVILLE:
;NGreN
AWG #26159
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer: City of Fayetteville
Address: 113 West Mountain Street
Fayetteville, AR 72701
Job Location: Zion Road , I ,-
THIS AGREEMENT, made and entered into this 20+k day of 1 V 0 °1St kVi , 2007,
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 authonzed representative, hereinafter refened 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 participate in the costs of such work to the extent herein agreed
upon; and
WHEREAS, the proposed improvement necessitates the adjustment and/or relocation of
certain facilities of "Owner" as described in the following description of work.
Install pipe with all necessary appurtenances to relocate for the proposed Zion Road
improvements as planned and presented in the design plans provided by the City of Fayetteville
City of Fayetteville will reimburse 48.5% of the actual cost of all materials, contract labor,
company labor, equipment hours including Engineering and Inspection costs to Arkansas
Western Gas Company.
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."
Page 1 of 3
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 property 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 $ 47.500.00 . If actual cost
exceeds $ 47.500.00 , the "Developer" will pay the actual cost. Exhibit "A" is cost estimate as
submitted to City of Fayetteville.
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 prescribed 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 that 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 servicing 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.
Page 2 of 3
l
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 estimated 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 rn 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
complete 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 tune 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, nght-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
rn duplicate by their duly authorized representatives the date first herein above written.
"OWNER" "DEVELOPER"
ARKANSAS WESTERN GAS COMPANY City of ayettevil
Its: Senior Vice -President Its: Mayor
Attest:
Att
O-ne
tuu
Its: Secretary Its: City Clerk
Page 3 of 3
11/4%%‘"%1;i TR1"''1.,, •
P.V. •p
c r.
E :FAYETTEVILLE: F.
-as- .
�. •-1.`
Ve''ti;NGT15; ,�°
•
:ARKANSAS WESTERN GAS COMPANY
'OPINION OF PROBABLE COST
{AWG JOB 026159 _--
Zion Road
Fa ttevllte, AR - - ---.._
•
•
.-1 Item Quantity Unit Unit Price Total
i
.MATERIALS -.....__._----_....._ ... *-----------
1 f2" Plastic Pipe • Proposed i 1,510 ' L.F 50.50
' 2 FY x 3/4" Plastic Service Tee 8 Each 55.36 .---
. 3 ,Y Tee Plastic _..._ ' 8 Each 54.00
4 2- Cap Plastic 2 I Each 51.62 _
_._._..._._6-__,2'90degreePlastic ...._._ 10 Each - $4.00_
--*- 6Y Transition Fitting - --.... - _ . 2 . _ .... Each , i----$1051...
7 !2' x 1114" Plastic Reducer --- --- 4 Eachr..... 57.02
8 2' Ancdeless Riser 2 Each -154720
- }- m
9 - -IY High Volume Tee 3 i Each ' $52.67
10 ' 374" Plastic Pipe 500 IL.F. - 50.37
11 11114" TrrwMion Fitting_ 1 -.... Each $8.05
r 12 :3/4" Anodstses Riser . 12 t Eadr $11.11
1313/4" CotwIn 12
Each I $0.70
14 3/4" Continental Service Tee 12 Each 516.83 ' 5201.96
15 !Miscellaneous Fittings 5 ' Lot $1500 r $7500
6
532.00
$3.24. _.._..
540.00 .. _.....
521.02
528.08
$94.40 '
5168.01 :
5185.00 •
$8.05 •
5133.32' _
$8.40
:CONTRACT LABOR
16 Install Y Plastic Pipe
17 ;Directional Drill Y Plastic Pipe
Sub -Total; _ ..__---.-$1,783.34,
Stores Exmoor*: 16.00%-- . - $267.50 •
TOS Materiels Cost: : _- _ -- $2,050.84
• 1,510 L.F. $18.00 527,180.00:
400 L.F. 1 $25.00 __--.--_---510,000.00
Sub -Total $37,180.00
L- -.-'-- :-. !-
'COMPANYLABOR .._..__ _
18 Director of Construction
19 StAierintendent ---
-20 Inspector --.....--
21 crew Leader
22 lineman
23 'Serviceman
24 .Mileage
EQUIPMENT•
25 Tractor Backhoe -.. 80 Nous ...617.00 , $1,360.00
--- _ 26 .2 -Ton Truck & Trailer -- - 80 Hours 517.00 61,360.00 - _ _
...: _.. 27 _ _ 1/2 -Ton Pldc�_ 100 :Hours $17.00 --1 i3A80.00_ -.... .
40, Hours _ $35.50
180 Hours
180.... �..... Hours
180 Hours $21.10 .
180 Hours ; $2o.00
30 Hours 520.00
2,000 Mies
•
61,420.00
55 355.00
_.$4,965.00
$3,798.00
63,600.00
600.00 ,
50.565 _-_.: .__..__._$1.130_00!
ss6ass.00
General Overhead • Payroll Overhead' 46.9% $9,911.05
• Total- 130479.05
r t
T...Sub-Total,.__......_... ... -. $5780.00
Preliminary Enykwwing • 1 $5,000.00 55 0,00.00
TOTALprsnr,dve.erre.ce rvuw..avy..ILIMAo-011.0 s. horny Enrage* ---600.109.09
i r
•
OVERHEAD CHARGE d_ 16.0% _ _ _ $12,028.48
TOTAL ESTIMATED OPINION OF PROBABLE COST
- TOTAL ESTIMATED REIMBURSEMENT by CITY OF FAYETTEVILLE _ 48.81%
TOTAL ESTIMATED COST TO ARKANSAS WESTERN GAS 61.49%
AHTD Reimbursement Calculation r '+- 11� Fx 100 • I 46.51%
_ _ 1,340 L.F.
592,218.38
$44.732.79
- - 547,485.68,
p
ARKANSAS WESTERN GAS COMPANY
REIMBURSEMENT FACTOR
Zion Road Improvements
Fayetteville, AR
AWG JOB #26159
Zion Road Right of Way Annexed In to the City of Fayetteville in September, 1961
PRIVATE RIGHT OF WAY 1 REIMBURSEABLE
SIZE
- YEAR - TYPE OF PIPE
SHEET #
SHEET #
r 58W
2" 64W
2' 70W
2"76P
2"79W
2"98P
TOTALS
055-057
650
650
055-058
0
360
60
170
100
690
0
TOTALS
650
0
0
0
0
0
650
CRY RIGHT OF WAY 1 NON REIMBURSEABLE
SIZE
- YEAR - TYPE OF PIPE
SHEET #
2' 58W
2' 64W
2" 70W
276P
2"79W
2" 98P
TOTALS
055-057
0
055-058
0
360
60
170
100
690
TOTALS
0
0
360
60
170
100
690
REIMBURSEMENT PERCENTAGE
FOOTAGE RETIRED ON PRIVATE RNV 650 LF
FOOTAGE RETIRED ON HIGHWAY RNV 690 LF
TOTAL FOOTAGE RETIRED 1340
48.51%
Ron Petrie
Submitted By
City of Fayetteville
Staff Review For
City Council Agenda Items
or
Contracts
11/20/2007
City Council Meeting Date
Engineering
Division
Action Required:
///ZO/d7
/93
olneatz645 Win
C=45
Operations
Department
A resolution to approve an agreement with Arkansas Westem Gas Company for relocation of gas utility facilities on
Zion Road.
47,500.00
Cost of this request
4520.9520.5809.00
Account Number
06035.1820
Project Number
Budgeted Item
X
24,496,473.00
Category / Project Budget
2,082,457.43
Funds Used to Date
Zion Road (College to Vantage)
Program Category / Project Name
Street Improvements
Program / Project Category Name
22,414,015.57 2006A Sales Tax Construction
Remaining Balance
Budget Adjustment Attached
Fund Name
De .ment hector
II.02. o1
Date
City Attomey, Date
Finannd Internal Service Director
or
1%-L-07
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments
City Council Meeting of November 20, 2007
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer ti
Date: November 2, 2007
Subject: A resolution to approve an agreement with Arkansas Western Gas
Company for relocation of gas utility facilities on Zion Road.
RECOMMENDATION:
Staff recommends approval of an agreement with Arkansas Western Gas Company for
relocation of the existing gas line on Zion Road, between College Avenue and Vantage
Dnve.
BACKGROUND:
The Zion Road Project is one of the projects to be constructed under the Transportation
Bond Program The project consists of widening approximately 2400 feet of Zion Road
to 3 lanes from College Avenue to just east of Vantage Drive, installation of an
underground storm drainage system, and construction of 6 foot sidewalks on both sides of
the roadway, as approved by the City Council and Street Committee. Relocation of
utility lines, to include gas, telephone, cable, and electric lines, will also be required as
part of this project.
DISCUSSION:
Arkansas Western Gas has presented a proposed agreement for relocation of their
facilities on Zion Road, from College Avenue to Vantage Drive. This relocation is to
allow the construction of widening and improvements to Zion Road that will be
completed as part of the Transportation Bond Program.
Under the proposed agreement, the City will reimburse Arkansas Westem Gas for 48.5%
of the actual cost of their relocations on the project. This percentage was determined
based on the date of installation of the gas lines: any lines that were installed prior to
annexation of Zion Road into the City are considered reimbursable by Arkansas Westem
Gas.
The estimated cost to the City for this work is $47,500.
1
City Council Meeting of November 20, 2007
BUDGET IMPACT:
The cost of the gas line relocation will be funded with a portion of the 2006
Transportation Bond Issue proceeds. $2,540,000 has been budgeted for the
Zion Road Improvements Project.
2
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT WITH
ARKANSAS WESTERN GAS COMPANY FOR RELOCATION OF
GAS UTILITY FACILITIES ON ZION ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves an agreement with Arkansas Western Gas Company for
relocation of gas utility facilities on Zion Road, a copy of which, marked Exhibit
"A," is attached hereto and made a part hereof.
PASSED and APPROVED this 20th day of November, 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
R11.21.07) Clarice Pearman - Arkansas Western Gas sy _Page 1
From: Clarice Pearman
To: Petrie, Ron
Date: 11.21.07 4:25 PM
Subject: Arkansas Westem Gas
Ron:
The Gty Council passed a resolution regarding an agreement for relocation of utility facilities with Arkansas Westem Gas.
However I do not have a signed agreement from AWG. Please let me know when I might expect to receive a signed
agreement. Have a good day.
Thanks.
Clarice
1(11.26.07) Clarice Pearman - RE: Fwd: Arkansas Westem Gas Pa e 11
From: Clarice Pearman
To: Smith, Sondra
Date: 11.26.07 1:50 PM
Subject: RE: Fwd• Arkansas Westem Gas
Sondra:
I sent Ron Petrie an email regarding signed agreements from AWG. Please see the email regarding signatures for the
Arkansas Westem Gas Item. Please let me know how you want to deal with this item. Have a good day.
Thanks.
Clarice
»> "James F. Koch" <james KochaSWN.COM> 11.26.07 1:08 PM »>
Ron,
Thanks! We cannot sign the agreement until we have the two agreements signed by the Mayor. Once we have these
documents executed by the City, our Senior Vice President will sign and we'll return an original for the City's records.
Just let me know how I can help!
J. Koch
(479) 530-7372
-----Original Message -----
From: Ron Petrie Jmailto:Roetrie@c!.favetteville.ar,usl
Sent: Monday, November 26, 2007 11:47 AM Central Standard Time
To: James F. Koch
Subject: Fwd: Arkansas Western Gas
James, Please see attached e-mail from the City Clerk. The City Council approved the Zion Road agreement last week.
Notice: This e-mail may contain privileged and/or confidential
information and is intended only for the addressee. If you are not the
addressee or the person responsible for delivering It to the addressee,
you may not copy or distribute this communication to anyone else. If you
received this communication in error, please notify us immediately by
telephone or retum e-mail and promptly delete the original message from
your system.
(11.26.07) Clarice Pearman - RE: Fwd
Arkansas Western Gas
From:
To:
Date:
Subject:
Attachments:
Sondra Smith
Pearman, Clarice
11.26.07 3:11 PM
RE: Fwd: Arkansas Western Gas
Sondra Smith.vcf
Give them the original signed agreements but keep a copy for our file. Also please make sure we get the
original signed agreements back from AWG.
Sondra E. Smith, CAMC CMC
City Clerk/Treasurer
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
(479) 575-8323
ssmith@ci.fayetteville.ar.us
»> Clarice Pearman 11/26/2007 1:50 PM »>
Sondra:
I sent Ron Petrie an email regarding signed agreements from AWG. Please see the email regarding signatures
for the Arkansas Western Gas item. Please let me know how you want to deal with this item. Have a good
day.
Thanks.
Clarice
»> "James F. Koch" <James Koch@SWN.COM> 11.26.07 1:08 PM »>
Ron,
Thanks! We cannot sign the agreement until we have the two agreements signed by the Mayor. Once we have
these documents executed by the City, our Senior Vice President will sign and we'll return an original for the
City's records.
Just let me know how I can help!
J. Koch
(479) 530-7372
Original Message -----
From: Ron Petrie fmailto:RoetrieCalci.favetteville.ar.usl
Sent: Monday, November 26, 2007 11:47 AM Central Standard Time
To: James F Koch
Subject: Fwd: Arkansas Western Gas
James, Please see attached a -mall from the City Clerk. The City Council approved the Zion Road agreement
last week.
Notice: This e-mail may contain privileged and/or confidential
Information and is intended only for the addressee. If you are not the
addressee or the person responsible for delivering it to the addressee,
you may not copy or distribute this communication to anyone else. If you
received this communication in error, please notify us Immediately by
telephone or retum e-mail and promptly delete the original message from
your system.
,age 1
G
1(11.28.07) Clarice Pearman - Res. 193-07 Paye
From: Clarice Pearman
To: Petrie, Ron
Date: 11.28.07 11:15 AM
Subject: Res. 193-07
Ron:
I have forwarded to you two originals for the Arkansas Western Gas signatures. Please see that I get an original back to
finish processing the resolution. Have a good day.
Thanks.
Clarke
•
12.14.07 Clarice Pearman - Arkansas Westem Gas Pa. a 11
From: Clarice Pearman
To: Petrie, Ron
Date: 12.14.07 11:35 AM
Subject: Arkansas Westem Gas
Ron:
Please let me know the status of the agreement with Arkansas Western Gas Co. It is getting to the end of the year and I
would like to finish processing Res. 193-07. Thanks for your help. Have a good day.
aarice
AWG #26159
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer: City of Fayetteville
Address: 113 West Mountain Street
Fayetteville, AR 72701
Job Location: Zion Road I , 1 1_ /
THIS AGREEMENT, made and entered into this 02-0+k day of 1V0OLiYlka , 2007,
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 participate in the costs of such work to the extent herein agreed
upon; and
WHEREAS, the proposed improvement necessitates the adjustment and/or relocation of
certain facilities of "Owner" as described in the following description of work.
Install pipe with all necessary appurtenances to relocate for the proposed Zion Road
improvements as planned and presented in the design plans provided by the City of Fayetteville.
City of Fayetteville will reimburse 48.5% of the actual cost of all materials, contract labor,
company labor, equipment hours including Engineering and Inspection costs to Arkansas
Western Gas Company.
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 agi ecment 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."
Page 1 of 3
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" nghts 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 property 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 $ 47.500.00 . If actual cost
exceeds $ 47.500.00 , the "Developer" will pay the actual cost. Exhibit "A" is cost estimate as
submitted to City of Fayetteville.
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 prescribed 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 that 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 omisston by "Owner's" employees or agent performing
work under this Agreement or future maintenance or servicing 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.
Page 2 of 3
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 estimated 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
complete as listed next above, shall pay "Owner" for the eligible actual cost, less all pnor
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 busmess 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 nghts 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.
114 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"
ARKANSAS WESTERN GAS COMPANY City of
Its: Senior Vice -President
Attest:
ettevil
Its: Mayor
Att
Its: Secretary Its: City Clerk
Page 3 of 3
-ARKANSAS WESTERN GAS COMPANY
OPINION OF PROBABLE COST
,AWG JOB 126159
'Zion Road
'Fayetteville, AR _ ___
Item Quantity
Unit
Unit Pries - Total
MATERU\LS
1 TY Plastic Pipe - Proposed
2 Y x 314- Plastic Service Tee 3 ':7 Tee Plastic
: 4 : 7 Cap Plastic
5 [2- 90 -degree Plastic
8 2" Transition Fitting
'- 7 !7x11/4 -Plastic Reducer
r 8 t7 M odeless Riser
9 Y High Volume Tee
' 10 ;3/4" Plastic Pipe
11 11114" Transition Fitting_
12 '3/4- Anodeless Riser
13 '314" Coupling
14 3/4" Continental Service Tee
15 ;Miscellaneous Fittings
-t-
CONTRACT
CONTRACT LABOR
18 ;Install 7 Plastic Pipe
17 Directional Drll Y Plastic Pipe
L -
'COMPANY LABOR
18 'Director of Construction
19 Superintendent
20 Inspector
21 Crew Leader
22Lineman
' 23 (Serviceman
24 Mileage __
' 1.510....'--'- L.F. ' � $0.50 --------- 1751.96-- -
8 Each 55.36 142.88
8 - Each 54.00 I 532.00
2 Each 51.62 r T
1324
10 Each 54.00 - 540.00
2 Each - 7 510.51 - 521.02
4 1 Each 57.02 128.08 -
2 Each $4720 594.40
3 Each 552.67 l 5158.01 t
500 L.F.', 50.37 ~ 1 $185.00
1 Each 18.05 58.05
12 Each - 511.11 ' $133.32
12 Each 10.70 58.40
12 I Each 116.83 : 5201.96
Sub -Total 5 ! Lot l 1
515.00 575.00 -
_ 51,783.34
Stores Expenses 15.0OX _---- - 1267.50 ._ .
Total Materials Cost - - 52,050.81
1,510 L.F. : - 518.00
400 ' L.F. 525.00
Sub -Total: ..._.
527,180.00
510,000.00
$77,180.00 ':
40 Hours $35.50 $1.420.00
180 - Hours 529.75 . 55,355.00
180 l Hours - rt 524.25 54,365.00
180 - - Hours 521.10 53,798.00
180 Hours 520.00 i 53600.00_:
30 Hours 520.00 $600.00
2,000 Miles 50.565 : 51,130_00____
Sub -Total _ _ 529,268.00 ^
General Overhead • Payroll Overhead:...___ 48.9% - $9,911.05
_
_.._ W
To ..._, 130.179.05
•
---------- -- j
•EQUIPMENT _
; 25_ !Tractor Backhoe 80 Hours _y 517.00
26 :2 -Ton Trudc & Trailer 80 - Hours E 517.00 '
27 1n -Ton Pidcw 180 Hours 517.00
51.360.00
51,360.00
53,060.00
Sub-Totai:.._ ........... __ ..... 552780.00
Preliminary Engineering 1__ _ _ 55,000.00 -• 552000.00
TOTAL p.van=o. Covent Labor, C,=pwr Labor. el SR,w,,we2 W00% rh.w b,
r,a,abe•rbel $80,189.89
OVERHEAD CHARGE: i- 15.0% ---
TOTAL ESTIMATED OPINION OF PROBABLE COST
TOTAL ESTIMATED REIMBURSEMENT by CITY OF FAYETTEVILLE' 48.51%
TOTAL ESTIMATED COST TO ARKANSAS WESTERN GAS - 51.49%
AHTD Reimbursement Calculation = 650 .LF. x 100
1,340 LF.
512,028.48 .
592,218.38
544,732.79 ___
$47,485.58:
48.51% •
ARKANSAS WESTERN GAS COMPANY
REIMBURSEMENT FACTOR
Zion Road Improvements
Fayetteville, AR
AWG JOB #26159
Zion Road Right of Way Annexed In to the City of Fayetteville in September, 1961
PRIVATE RIGHT OF WAY 1 REIMBURSEABLE
SIZE
- YEAR - TYPE OF PIPE
SHEET #
SHEET #
2" 58W
r 64W
r 70W
2"76P
2"79W
2"98P
TOTALS
TOTALS
055-057
650
0
650
055-058
0
360
60
170
0
TOTALS
650
0
0
0
0
0 I 650
CITY RIGHT OF WAY 1 NON REIMBURSEABLE
SIZE - YEAR - TYPE OF PIPE
SHEET #
2" 58W
2" 64W
T 70W
2"76P
279W
2" 981'
TOTALS
055-057
0
055-058
0
360
60
170
100
690
TOTALS
0
0
360
60
170
100
690
REIMBURSEMENT PERCENTAGE
FOOTAGE RETIRED ON PRIVATE R/W
FOOTAGE RETIRED ON HIGHWAY R/W
TOTAL FOOTAGE RETIRED
650 LF
690 LF
1340
48.51%
(12.21.07) Clarice Pearman - Res. 193-07
From:
To:
Date:
Subject:
Attachments:
Clarice Pearrnan
Petrie, Ron
12.21.07 2:28 PM
Res. 193-07
193-07 Arkansas Western Gas Co.pdf
CC: Audit
Ron:
Attached is a copy of the above reference resolution passed by City Coundl, November 11, 2007. I appreciate your help
getting the agreement signed. Please let me know if there Is anything else needed for this item. Have a happy holiday.
Thanks.
Clarice
Page 1