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HomeMy WebLinkAbout2625 RESOLUTION NO. 2,625 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE ARKANSAS STATE HIGHWAY COMMISSION TO ADJUST AND REARRANGE FIRE ALARM SYSTEM FACILITIES NECESSARY TO CLEAR THE RIGHT-OF-WAY FOR THE THIRD BRIDGE EXPRESSWAY; AND FOR OTHER PURPOSES. WHEREAS, the Arkansas State Highway Commission and the Federal Bureau of Public Roads has found it necessary to relocate certain portions of the fire alarm system facilities in order to clear the right-of-way for the Third Bridge Expressway; and WHEREAS, the State Highway Commission and the Federal Bureau of Public Roads will reimburse the City 100% for the actual cost of all labor and materials used in said project not to exceed the total of Two Thousand Two Hundred Eighty Five and 60/100 Dollars ($2,285 .60) ; 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 a Contract with the Arkansas State Highway Commission for the benefit of the Arkansas State Highway Commission for the relocation and rearrangement of certain phases of the fire alarm signal system necessary to clear the right-of-way for the Third Bridge Expressway in this City at a cost not to exceed Two Thousand Two Hundred Eighty Five and 60/100 Dollars ($2,285 .60) , for which the City will be totally and fully reim- bursed. Said Contract shall be in words and form as follows: UTILITY AGREEMENT AND PRELIMINARY ESTIMATE OF COST Job No. 6676 FAP No. I-30-2(40)138 Utility Adjustments Little Rock-North Little Rock Expressway Interstate Route 30, Section 2 Pulaski County (Const. Jobs Nos. 6592, 6593 and 6594) THIS AGREEMENT: Made and entered into this day of , 19 , by and between the Arkansas State Highway Commission, hereinafter called the "Commission" and the City of Little Rock, Arkansas, hereinafter called the "City", WITNESSETH: RECITALS: The "Commission" in the interest of public safety and convenience, proposes to construct approximately 2.065 miles of Grading, Minor Drainage Structures, Hot Mix Base and Surface Courses, Portland Cement Concrete Pave- ment, Concrete Curbs, One reinforced Concrete and Steel Railroad Overpass, Seven reinforced Concrete and Steel Bridge Structures, and One Interchange on Interstate Route 30, Section 2, being that part of the Little Rock-North Little Rock Expressway lying between East 32nd Street and Markham Street in the City of Little Rock, Pulaski County, Arkansas. This Improvement com- prises three (3) Highway Construction Projects as follows: Job No. 6592, FAP No. I-30-2(22)141, South Approach to the Arkansas River Bridge; Job No. 6593, FAP No. I-30-2(25)141, Markham Street Interchange; and Job No. 6594, FAP No. I-30-2(27)139, South Terminal Interchange to 4th Street. It is understood that the construction of the Expressway project will necessitate the relocation of utility facilities, the cost of which is to be financed from funds appropriated by the United States and expended under its regulations; that acceptance of work and procedure in general are sub- ject to Federal Laws, Rules, Regulations, Orders, and Approvals applying to it as a Federal Project, and that items entering into the adjustments are reimbursable for such items of work and expense, and in such amounts and forms, as are proper and eligible for payment from Federal Funds. If delays or difficulties arise in securing necessary Federal Ap- provals which in the opinion of the "Commission" render it impracticable to utilize Federal Funds from the current appropriations for the construc- tion of the project, then, at any time before any relocation is authorized or actual construction is started, pursuant to proper Federal Approval or Authority, the "Commission" may serve formal notice of cancellation upon the "City" and this Agreement shall thereupon become null and void. AGREEMENT: NOW, THEREFORE: In consideration of the benefits expected from the proposed adjustments, the parties hereto agree as follows: Page -2- 1. The "City" agrees to remove, adjust, and restore any portion of its Fire Alarm Circuits that interfere with the construction of the Expressway Project, placing said facilities at the locations designated on the plans; reserving however, to the "City" the right to extend its facilities at any future time, or to construct, operate, rearrange, and maintain its facilities as the "City" may from time to time find necessary and convenient, provided such changes do not in any way interfere with the use and maintenance of said improvements for Highway Purposes. 2. That the "City" will perform the work with its own forces and at actual cost. No work under this Agreement shall be contracted by the "City" unless prior approval to do so has been secured; that the adjustments do not involve a major and independent seg- ment of the "City's" system; that cost will be actual and reason- able cost accumulated in accordance with the existing system of accounting of the City of Little Rock. 3. The "City" shall cooperate with the road contractor and the Arkansas Power and Light Company in such a manner that in making the required adjustments, relocation, or rearrangements of its facilities, the operation of the City Fire Department as well as that of the Road Contractor and Power Company shall proceed in a reasonable and logical manner. 4. The "City" shall inform the State' s Freeway Engineer of the commencement date, progress, and activity relative to the work being performed. 5. The "City" shall collect and hold in reserve all removed material, which is to be disposed of by sale or scrapped, for inspection by the State and/or the Bureau Engineer. Failure to notify the State' s Resident Engineer of the time and place for the inspection of such material shall make the "City" accountable for full value of all material disposed of without notice. Credit shall be given for the salvage value of all material taken back into stock. In consideration of the covenants of the "City" and of the faithful performance of the same, the "Commission" agrees as follows: 1. To notify the City Manager, Mr. Ancil M. Douthit, Little Rock, Arkansas, not less than ten (10) days in advance of starting work at points where the "City' s" lines will be affected to proceed with the necessary adjustments, and said authorization shall include the name and location of the Engineer in charge of the project and said authorization to incorporate this Agreement by reference. 2. In accordance with the provisions contained in PPM 30-4, the 1 State has made a determination and finds that this reimbursement is not in violation of State Laws or any legal contract between the "City" and the State and that the "City" should be reimbursed for the adjustments of its facilities and for the amount reflected by the audit by the Bureau of Public Roads of the final bill rendered by the "City". Page -3- 3. A detailed Estimate of Costs and Plans for the rearrangement of the "City's" facilities with a Summary of Work Involved and Allo- cation of Costs are attached and made a part of this Agreement. 4. That within ninety (90) days after completion of the work to the satisfaction of, and acceptance by, the "Commission" and in accord- ance with the plans and specifications, the "City" will submit to the "Commission" one complete and final bill in eleven (11) copies covering the actual cost of the relocation and adjustment of its facilities. 5. Upon receipt of a certified statement from the "City", in the form required by the "Commission", which shall incorporate this Agree- ment by reference, and in accordance with the provisions of Policy and Procedure Memorandum 30-4 issued by the Bureau of Public Roads December 31, 1957, and amendments thereto, the "City" shall be re- imbursed for the actual cost of making adjustments or rearrangements in its facilities which interfered with highway construction. 6. That initial payment made in reimbursement to the "City" for work on a specific project shall not exceed seventy-five per cent (75%) of the amount billed, and the amount billed shall not exceed the amount estimated unless prior approval of overruns is given. Final payment to the "City" for such rearrangements shall not exceed the amount found eligible for reimbursement as reflected by an audit of the cost records and accounts of the "City" applicable to the project made by the Bureau of Public Roads in accordance with the provisions of PPM 30-4. IN WITNESS WHEREOF: The parties hereto have caused this instrument to be executed by their duly authorized representatives the day and year first above written. ARKANSAS STATE HIGHWAY COMMISSION By Director of Highways By Chief Engineer ATTEST: CITY OF LITTLE ROCK, ARKANSAS By By MIDEPSCifiliW Mayor . ?age -4- Addendum to Agreement Little Rock Fire Alarm System Adjustment Summary of Work Involved and Allocation of Cost Adjust and rearrange fire alarm system facilities as necessary to clear Expressway Right of Way for highway construction and pro- vide overhead clearance to fire alarm wires and cables crossing Little Rock-North Little Rock Expressway by installing four (4 poles and appurtenances, stringing approximately 9,000 feet of wire and 1,050 feet of cable, rerouting existing wires and cables, and relocating Alarm, Junction, and Terminal Boxes as necessary, all at a Total Estimated and 100% Reimbursable Cost of $2,285.60. SECTION 2. This resolution shall be in full force and effect from and after its adoption. ADOPTED: December 19, 1960 ATTEST: APPROVED: L1'G I Je��su/ 7 City Clerk May .