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HomeMy WebLinkAbout2528 RESOLUTION NO. 2528 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE AN AGREEMENT BY AND BETWEEN THE ARKANSAS STATE HIGHWAY DEPARTMENT, THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, AND THE CITY OF LITTLE ROCK IN CONNECTION WITH WORK INVOLVED IN THE RELOCATION OF ARKANSAS STATE HIGHWAY NO. 10 THROUGH THE WESTROCK AREA OF THE CITY OF LITTLE ROCK, PROJECT ARK R-4; AND FOR OTHER PURPOSES. WHEREAS , the Housing Authority of the City of Little Rock, Arkansas, hereinafter referred to as the "Housing Authority` , has entered into a Loan and Capital Grant Contract , dated April 7 , 1959 , with the United States of America, acting through the Housing and Home Finance Administra- tion, for the execution of an urban renewal project in an area of the City of Little Rock, Arkansas, known as the Westrock Area, Project ARK R-4; and WHEREAS , the Housing Authority proposes to construct certain site improvements within the Westrock Area and desires, to include in its plans for site improvement, on a reimburseable basis from the Arkansas State Highway Department, portions of the grading necessary for high- way construction; and WHEREAS, the Arkansas State Highway Department proposes to construct a certain section of highway within the City of Little Rock, identified as "Highway 10 Relocation, " which lies within the Westrock Area; and WHEREAS , the City of Little Rock desires the inclusion in the High- way Department ' s plans provisions for construction of curbs, gutters, and sidewalks necessary to be constructed within the highway right-of-way, on a reimbursable basis from the City; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS : SECTION 1. The Mayor and City Clerk are hereby authorized and directed to enter into and execute an Agreement on behalf of the City of Little Rock with the Arkansas State Highway Department and the Housing Authority of the City of Little Rock, for work involved in the relocation of Arkansas State Highway No. 10 through the Westrock Area, Project ARK R-4, which Agreement is in form and words as follows : A G R E E M E N T THIS AGREEMENT, entered into this day of , 1960, by and between the Arkansas State Highway Department, hereinafter called "Department", the City of Little Rock, Arkansas, hereinafter called "City", and the Housing Authority of the City of Little Rock, hereinafter called "Housing Authority", WITNESSETH: R E C I T A L S WHEREAS, the Department proposes to construct a certain section of highway within City, identified as "Highway 10 Relocation", State Job 6673, FAP US-372(10) , which job lies within Westrock Area under jurisdiction of the Housing Authority, and WHEREAS, the Housing Authority proposes to construct certain site improvements within Westrock Area identified as "Westrock Area Project Ark. R-4" and desires to include in its plana for site improvement, on a reimbursable basis from the Department, that portion of the grading necessary for highway construction, and WHEREAS, the City desires the inclusion in the Department's plans of provisions for construction of curbs, gutters, and sidewalks necessary to be constructed within the highway right-of-way, on a reimbursable basis from the City, The parties hereto desire to set forth in writing the agreement reached between them with respect to the matters set forth in Recitals and related matters. NCM, THEREFORE, in consideration of the premises, the parties hereto agree as follows: Page 2 ARTICLE I In consideration of the covenants and agreements of the Housing Authority as contained in Article II hereof and of the City as contained in Article III hereof, the Department will: (1) Include in its plans the construction of curbs, gutters, and side- walks necessary to be constructed within the highway right-of-way. (2) Furnish a qualified engineer to supervise construction of that portion of Westrock Area Project Ark. R-4 which is involved in highway relocation, and to support certification that the work was performed in accordance with appli- cable contract documents, (3) Make lump sum payment to the Housing Authority of the cost of that portion of the grading, necessary for highway construction, such payment to be made upon final inspection and acceptance of the work by the Department and the Bureau of Public Roads, U. S. Department of Commerce. The amount of such payment shall be determined as follows: (a) Upon the original roadway cross sections there shall be drawn, by use of proper templet and in proper relation to finish grades, the approved typical highway sections. (b) End areas of the sections thus plotted shall be computed and the net volumes of cut and fill, expressed in cubic yards, computed by the average end area method. (c) The amount of the payment to be made for "Unclassified Excavation" shall be the product of net excavation volume as computed above multiplied by the contract unit price per cubic yard for "Unclassified Excavation" on Westrock Area Project Ark. R-4. (d) Total excavated material required to complete roadway embankment shall be computed as 1201 of the net embankment volume computed as in (a) and (b) above. Borrow Excavation shall be the difference between total excavated material and the volume of excavation paid for under (c) above. (e) The amount of the payment to be made for Borrow Excavation shall be as computed above multiplied by the contract price per cubic yard for "Borrow Excavation" on Westrock Area Project Ark. R-4. Page 3 (f) Total amount of payment shall be the sum of the amounts derived under (d) and (e) above. ARTICLE II In consideration of the covenants and agreements of the Department as contained in Article I hereof, and of the City as contained in Article III hereof, Housing Authority will: (1) Guarantee that no funds received by it from any Federal agency, except those funds received indirectly from the Bureau of Public Roads through the Department, will be used in payment for the work done on the basis of reimbursement by the Department, (2) On that portion of the work to be done on Westrock Area Project Ark. R-4, which is situate on highway right-of-way, including drainage facilities, (a) Submit plans and specifications for review and approval by the Department and the Bureau of Public Roads, including clear indication of that work for which reimbursement will be claimed, (b) Include in its specifications, as applicable only to reimburs- able earthwork, the Department's Special Provision SP 7-9 titled "Required Provisions - - Federal-Aid Contracts, Primary Highways", (c) Include in its specifications the stipulation that the right of inspection of all work on highway right-of-way will extend to duly authorized representatives of the Department and of the Bureau of Public Roads, (3) Award contract for work on Westrock Area Project Ark. R-4 under public competitive bidding, advertised according to rules and regulations of the Bureau of Public Roads and the Arkansas State Highway Department, subject to concurrence by the Department and the Bureau of Public Roads, (4) Support claimed reimbursement with properly certified documentation. (5) The submission under (2) (a) above shall consist of one (1) set of reproducible drawings and six (6) complete sets of prints, specifications, and all contract documents. Page 4 ARTICLE III In consideration of the covenants and agreements of the Department as contained in Article I hereof, and of the Housing Authority as contained in Article II hereof, the City will: (1) Make lump sum payment to the Department of the cost of curbs, gutters, and sidewalks constructed on highway right-of-way. Such payment shall be made at the time of final inspection and acceptance of State Job 6673 by the Department. The amount of such payment shall be the total amount paid to the contractor on Job 6673 for the several items of work. (2) Make lump sum payment to the Housing Authority of the cost of drainage facilities on highway right-of-way. Such payment shall be made at the time of final inspection and acceptance of Westrock Area Project Ark. R-4 by the Housing Authority. The amount of such payment shall be the total amount paid to the contractor on Westrock Area Project Ark. R-4 for the several items comprising such facilities. (3) Assume maintenance of that portion of existing Highway 10 which lies between the termini of State Job 6673, which portion is to be abandoned as part of the State Highway System. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and year first herein written. ARKANSAS STATE HIGHWAY DEPARTMENT BY Director SEAL BY Chief Engineer HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK BY Chairman, Board of Commissioners SEAL BY Secretary, Board of Commissioners CITY (F LITTLE ROCK, ARKANSAS BY S E A L Asst.Mayor BY City ' Oxlerk -2- SECTION 2. Paragraph (2) of Article III of the Agreement provided for in Section 1 hereof is not to be construed to require the City of Little Rock to make an additional cash payment over and above the amount agreed to in the Loan and Grant Contract . SECTION 3 . This Resolution shall be in full force and effect from and after its adoption . ADOPTED: April 18, 1960 ATTEST: APPROVE City C"ler A - t. - T• •