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HomeMy WebLinkAbout2001-06-02-R (MOO 0 Resolution No Whereas, the Board of Commissioners of the Batesville Water Utilities, Batesville, Arkansas, received bids on May 16, 2001, for construction of main water and main sewer lines to the east part of the University of Arkansas Community College at Batesville Campus; and Whereas, the lowest and best bid was in the amount of$145,317.00 ($156,687.00 minus deductive alternate No. 1) submitted by Hargan Construction Company of Batesville, Arkansas; and Whereas, the scope of the project has been reduced to $112,052.85 plus engineering and contingencies; and Whereas, Batesville Water Utilities has remaining industrial park sewer line grant funds of approximately $60,000.00 that must be used in this area; and Whereas, the University of Arkansas Community College at Batesville has agreed to pay all costs over and above $60,000.00 for construction of main water and main sewer lines to the east portion of the University of Arkansas Community College at Batesville campus including engineering and contingencies; and Whereas, the City Council of the City of Batesville has requested that they be informed of any construction to serve customers outside the city limits of the City of Batesville; and Whereas, the Board of Commissioners of the Batesville Water Utilities does hereby desire to keep the City Council of the City of Batesville informed of such construction; and Whereas, the-Chancellor of the University of Arkansas Community College at Batesville has begun the process of petitioning for annexation the east portion of the campus into the City of Batesville; and Whereas, the Board of Commissioners of the Batesville Water Utilities believe construction of main water and main sewer lines to the east portion of the campus of the University of Arkansas Community College at Batesville will protect the health, safety and welfare of the inhabitants of the City of Batesville; Now therefore, be it resolved by the City Council of the City of Batesville that the Board of Commissioners of the Batesville Water Utilities proceed with this project. PASSED AND APPROVED thisd,("P-day of . 2001. CITY OF BATESVILLE ( BATESVILLE, ARKANSAS firâ–º Attest: Joe Biard, Mffylor COST SHARING AGREEMENT FOR CONSTRUCTION OF MAIN WATER AND MAIN SEWER LINE KNOW ALL MEN BY THESE PRESENTS: That the City of Batesville Arkansas, by and through the Batesville Utilities Commission, an agency of the City of Batesville, hereinafter referred to as Utilities Commission, and the University of Arkansas Community College at Batesville, a division of the University of Arkansas, hereinafter referred to as UACCB, have entered into an agreement regarding payment for the construction of certain main water lines and main sewer lines to the addition to the UACCB campus east of Pfeiffer Creek near Batesville Arkansas, and desire to commit the terms of their agreement to writing as follows: 1. This contract is subject to conditions precedent. The lands which will be served by the proposed main water line and main sewer line I lie outside the current boundaries of, but are contiguous to, lands lying within the boundaries of the City of Batesville, Arkansas. This contract is contingent upon and subject to the approval by majority vote of the City Council of Batesville, Arkansas, and upon the annexation into the Batesville Municipal corporation boundaries of the lands owned by UACCB east of Pfeiffer Creek which are outside the city limits, but contiguous to the present campus of UACCB and contiguous to the present municipal boundaries of the City of Batesville, Arkansas. 2. The Utilities Commission and UACCB shall jointly request approval of this contract by the Batesville City Council. 3. UACCB shall use all reasonable efforts, beginning forthwith, and shall pursue vigorously the annexation of the affected lands into the City of Batesville, Arkansas. 4. Main water lines and main sewer lines will be constructed as specified in a contract, as amended by change orders, between Hargan Construction Company as contractor, and the Utilities Commission, described as McGoodwin, Williams and Yates project number Ba-111, as more particularly shown in specifications, contract documents, and plans for said project. 5. The Utilities Commission shall contribute for payment of the contract price for construction of the project by Hargan Construction Company, engineering costs, environmental consultants costs, and fees, the remainder of the industrial park sewer line grant monies, (Economic Development of Arkansas Fund Commission Grant) that shall remain after the completion of work now in progress on McGoodwin, Williams and Yates project number Ba-97. This sum is now estimated to be I%w approximately $60,000.00. UACCB shall pay all other costs of the project, including construction contract payments to Hargan Construction Company, engineering costs, environmental consultants costs, and fees. The sums paid by UACCB for construction contract payments shall include not only those remaining construction costs contemplated in the Hargan Construction Company bid, as modified, but shall include also all additional costs which may be incurred due to unknown circumstances including but not limited to unknown subterranean conditions such as excessive rock, garbage disposal sites, sink holes, underground caverns, etc. 6. The Utilities Commission shall advance funds for payment as payments shall become due to Hargan Construction Company, to the consulting engineers, the environmental consultants, and for fees until all funds remaining under the Economic Development of Arkansas Fund Commission Grant mentioned in paragraph five (5) above have been exhausted. Thereafter all payments shall be paid by UACCB to the Utilities Commission as payments shall become due under the contract with Hargan Construction Company, to the consulting engineers, the environmental consultants and for fees. All payments shall be based on pay estimates as approved by the Utilities Commission and McGoodwin, Williams and Yates, consulting Engineers for the Utilities Commission for the project. 7. No water or sewer service shall be provided to UACCB campus east of Pfeiffer Creek until the annexation of that portion of the campus into the City of Batesville Arkansas is completed. EXECUTED upon the date appearing herein below opposite the signature of the parties hereto. Jim Whitson, Chairman Batesville Utilities Date Jim Reid, Secretary Batesville Utilities Date Dr. Jack Lassiter, Chancellor Date University of Arkansas Community College Of Batesville Approved by majority vote of the Batesville City Council on this 26th day of June, 2001. Joe Baird, Mayor Attest: Denise Johnson