HomeMy WebLinkAbout04-10 RESOLUTIONRESOLUTION NO. 04-10
A RESOLUTION APPROVING AN AGREEMENT WITH ARKANSAS
WESTERN GAS COMPANY IN THE AMOUNT OF $83,000.00 FOR
RELOCATION OF GAS LINES AND APPURTENANCES AS PART OF THE
RSA RUNWAY 16 IMPROVEMENT PROJECT AT THE FAYETTEVILLE
EXECUTIVE AIRPORT, AND APPROVING A $5,000.00 CONTINGENCY
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 the Arkansas Western Gas Company, a copy of which is attached to this
Resolution as Exhibit "A" and incorporated herein as if set out word for word, in the amount of
$83,000.00 for relocation of gas lines and appurtenances to allow construction of improvements
as part of the RSA Runway 16 Improvement Project at the Fayetteville Executive Airport.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
project contingency in the amount of $5,000.00.
PASSED and APPROVED this 5th day of January, 2010.
APPROVED:
By
LIO LD J t ' ,. , Mayor
ATTEST:
By: 6,4.4„.;
SONDRA E. SMITH, City Clerk/Tre j ,,
`oG\`�K/TR "'"
•
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:FAYETTEVILLE:
Ray M. Boudreaux
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
1/5/2010
City Council Meeting Date
Agenda Items Only
Aviation
Division
Action Required:
Transportation
Department
Action Required: Approve a Utility Relocation Agreement with Arkansas Western Gas in the
Approve a $5,000 contingency amount.
Contact James F Koch, P.E., Senior Engineer; PO Box 13288, Fayetteville AR 72703-1002;
521-5455; CELL 479-530-7372; james.koch@sourcegas.com
amount of $83,000;
479-582-8267; FAX 479-
83,000.00
Cost of this request
5550.3960.7820.38
Account Number
07039 3
4,036,675.00
Category / Project Budget
3,647,505.00
Correct Runway 16 RSA
Program Category / Project Name
D8100_AVED
Funds Used to Date Program / Project Category Name
$ 389,170.00
Project Number Remaining Balance
Budgeted Item
Budget Adjustment Attached
Departmen lirector
(24d4(
City orney
Tea a_ _
/Z•/6 tx
Date
Date
1211.-z60q
Finance and Internal Services Director Date
Airport
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in
Mayor's Office
Date
Comments:
Revised January 15, 2009
ave evt le
THE CITY OF FAYETTEVILLE, ARKANSAS
AVIATION DIVISION
4500 5 School Ave, Ste F
Fayetteville, AR 72701
P (479) 718-7642
ARKANSAS
www.accessfayettevi I le.or
CITY COUNCIL MEMO
To:
Thru:
Thru:
Thru:
From:
Date:
Subject:
Mayor Jordan
Chief of Staff, Don Marr
City Attorney, Kit Williams
Transportation Director, Terr
Ray M. Boudreaux, Aviation Directo
December 15, 2009
Utility Relocation Agreement with Arkansas Western Gas Company for the RSA Runway
16 Improvement Project at the Airport.
PROPOSAL: As part of the Runway Safety Area Improvement Project at the Airport, utility relocations are
required. Expense for the relocations is included in the FAA/AIP grant. This item is to approve an agreement
with Arkansas Western Gas Company for the relocation of a Gas Line that is located in the current US Highway
71 right of way to the new right of way which follows the realigned highway.
RECOMMENDATION: Recommend approval of the Agreement with Arkansas Western Gas Company and
signatures of the Mayor and City Clerk.
BUDGET IMPACT: The Agreement states that the City would pay the cost of the relocation. The estimate
for this work provided by the Gas Company is $83,000.00. The agreement allows that if the cost is less, the
City would pay less and if more the City would pay more. We would request that a $5,000.00 contingency be
added to the budget in case the cost escalates. McClelland Consulting Engineers will oversee the work to insure
that the City gets what we pay for. There is sufficient budget in the Grant Project for this work.
Atch: Agreement
Staff Review Form
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
RESOLUTION NO.
A RESOLUTION APPROVING AN AGREEMENT WITH
ARKANSAS WESTERN GAS COMPANY IN THE AMOUNT OF
$83,000.00 FOR RELOCATION OF GAS LINES AND
APPURTENANCES AS PART OF THE RSA RUNWAY 16
IMPROVEMENT PROJECT AT THE FAYETTEVILLE EXECUTIVE
AIRPORT, AND APPROVING A $5,000.00 CONTINGENCY
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 the Arkansas Western Gas Company, a copy
of which is attached to this Resolution as Exhibit "A" and incorporated herein as
if set out word for word, in the amount of $83,000.00 for relocation of gas lines
and appurtenances to allow construction of improvements as part of the RSA
Runway 16 Improvement Project at the Fayetteville Executive Airport.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a project contingency in the amount of $5,000.00.
PASSED and APPROVED this 5th day of January, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer:
Address:
Job Location:
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Hwy 71 – Drake Field, Fayetteville, AR
Runway 16 Safety Area Improvements (Hwy 71 Relocation), Drake Field
Al P 3-05-0020-038-2009.
THIS AGREEMENT, made and entered into this 5 i ' day of 1 / , 2010,
by and between City of Fayetteville , acting by and throu its duly au horized
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 Runway 16 Safety Area
Improvements ( Hwy 71 Relocation), Drake Field" AIP 3-05-0020-038-2009, as planned and
presented in the design plans provided by the City of Fayetteville's Engineer of Record,
McClelland Consulting Engineers, Inc. City of Fayetteville will reimburse 100% of the actual
cost of all materials, contract labor, company labor hours, and equipment 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
Page 1 of 3
on the approved plans or sketch maps attached hereto and made a part hereof, and to execute
such easements or right-of-way grants as may be necessary to evidence and record such right of
"Owner."
2. Where applicable hereunder by reason of new construction on existing utility rights of
way, "Owner" hereby grants to "Developer" the right to use for his purposes the lands within the
project limits on or across which "Owner" holds a valid property interest antedating
"Developer's" rights which were subsequently acquired in the same lands, and which property
rights "Owner" shall retain so long as "Owner" (or "Owner's" successors or assigns) continues
such use and occupancy and does not abandon, and thereby release, such property interest to
"Developer" through facility removal in making said adjustments or by subsequent facility
removal for "Owner's" convenience; and the "Developer" hereby agrees that "Owner," by
granting said right and by said continued joint use and occupancy, does not waive any future
claim for reimbursement for adjustment cost as may be eligible for reimbursement by reason of
such prior 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 $ 83,000.00 . If actual cost
exceeds $ 83,000.00 , 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
Page 2 of 3
restoration of appearances of the work area including disposal of surplus materials and debris, so
as not to leave the work area in an unsafe or unsightly condition.
8. If requested by "Owner" in writing, "Developer" shall make intermediate progress
payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more
often than monthly intervals, for work hereunder upon receipt of statements in two (2) copies for
periodic and unpaid costs, provided the herein 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 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 time limit
set forth in Paragraph 6 to determine the correctness of "Owner's" billing. "Owner" agrees to
refund any and all amounts paid in payments found in the audit to exceed the total amount
eligible for work hereunder.
11. It is mutually agreed by the parties hereto that the provisions of this Agreement
pertaining to relative property rights, right-of-way occupancy permission, access for servicing
when applicable and joint use of rights of way shall continue in full force and effect from the
date of execution, and shall be perpetually binding upon each party's legal representatives,
successors or assigns.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
in duplicate by their duly authorized representatives the date first herein above written.
"OWNER"
ARKANSAS WESTERN GAS COMPANY
e-t1Z-13:74
Its: Vice -President — AWG Operations
Attest:
Its: Secretary
"DEVELOPER"
City ofyetteville
Its:
Attest:
Its:
Page 3 of 3
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ARKANSAS WESTERN GAS COMPANY
UTILITY CONSTRUCTION/RELOCATION AGREEMENT
Property Developer:
Address:
Job Location:
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Hwy 71 – Drake Field, Fayetteville, AR
Runway 16 Safety Area Improvements (Hwy 71 Relocation), Drake Field
AIP 3-05-0020 038-2009.
THIS AGREEMENT, made and entered into this qday of '.I, t1 , 010,
by and between City of Fayetteville , acting by and throu: Its duly aut j. rized
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 Runway 16 Safety Area
Improvements ( Hwy 71 Relocation), Drake Field" AIP 3-05-0020-038-2009, as planned and
presented in the design plans provided by the City of Fayetteville's Engineer of Record,
McClelland Consulting Engineers, Inc. City of Fayetteville will reimburse 100% of the actual
cost of all materials, contract labor, company labor hours, and equipment 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" proierties as shown
Page 1 of 3
on the approved plans or sketch maps attached hereto and made a part hereof, and to execute
such easements or right-of-way grants as may be necessary to evidence and record such right of
"Owner."
2. Where applicable hereunder by reason of new construction on existing utility rights of
way, "Owner" hereby grants to "Developer" the right to use for his purposes the lands within the
project limits on or across which "Owner" holds a valid property interest antedating
"Developer' s" rights which were subsequently acquired in the same lands, and which property
rights "Owner" shall retain so long as "Owner" (or "Owner' s" successors or assigns) continues
such use and occupancy and does not abandon, and thereby release, such property interest to
"Developer" through facility removal in making said adjustments or by subsequent facility
removal for "Owner' s" convenience; and the "Developer" hereby agrees that "Owner," by
granting said right and by said continued joint use and occupancy, does not waive any future
claim for reimbursement for adjustment cost as may be eligible for reimbursement by reason of
such prior 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 $ 83,000.00 . If actual cost
exceeds $ 83,000.00 , 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
Page 2 of 3
restoration of appearances of the work area including disposal of surplus materials and debris, so
as not to leave the work area in an unsafe or unsightly condition.
8. If requested by "Owner" in writing, "Developer" shall make intermediate progress
payments in amounts not exceeding ninety percent (90%) of eligible billed costs, and no more
often than monthly intervals, for work hereunder upon receipt of statements in two (2) copies for
periodic and unpaid costs, provided the herein 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 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 time limit
set forth in Paragraph 6 to determine the correctness of "Owner's" billing. "Owner" agrees to
refund any and all amounts paid in payments found in the audit to exceed the total amount
eligible for work hereunder.
11. It is mutually agreed by the parties hereto that the provisions of this Agreement
pertaining to relative property rights, right-of-way occupancy permission, access for servicing
when applicable and joint use of rights of way shall continue in full force and effect from the
date of execution, and shall be perpetually binding upon each party' s legal representatives,
successors or assigns.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
in duplicate by their duly authorized representatives the date first herein above written.
"OWNER" "DEVELOPER"
ARKANSAS WESTERN GAS COMPANY City of Fayetteville
Its: Vice -President — AWG Operations
Attest:
Its:
Attest:
Mayor
Its: Secretary Its: City Clerk
Page 3 of 3