HomeMy WebLinkAboutOrdinance 5387 ORDINANCE NO. 5387 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING, TO APPROVE A COST-SHARE AGREEMENT WITH OZARKS ELECTRIC COOPERATIVE CORPORATION IN THE AMOUNT OF $38,250.48 FOR THE EXTENSION OF POWER TO THE STONE MOUNTAIN WATER PUMP STATION, TO APPROVE A PROJECT CONTINGENCY OF $7,500.00, AND TO APPROVE A BUDGET ADJUSTMENT OF $45,751.00 WHEREAS, the City of Fayetteville is constructing a new water pump station, Stone Mountain Water Pump Station, which will be more economically powered by a new 3-phase, 460 volt power line; and WHEREAS, Ozark Electric Cooperative Corporation owns and operates the electric utility that will serve the Stone Mountain Water Pump Station and has agreed to share the cost of the construction of the 3-phase, 460 volt power line to serve the pump station. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines the facts above constitute an exceptional situation in which competitive bidding is not deemed practical or feasible and therefore, waives formal competitive bidding and approves a cost-share agreement with Ozarks Electric Cooperative Corporation in the amount of $38,250.48 for the extension of power to the Stone Mountain Water Pump Station, and approves a project contingency of$7,500.00. A copy of the agreement is attached as Exhibit"A". Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit`B", in the amount of$45,751.00. PASSED and APPROVED this 15th day of February, 2011. .o®agea� rPBx:r,�F. APPROVED: ATTEST: 7 _&I y�a;6 ® FAY ETT EVILLE By By; .��ti '®RRA LXIONELD.iPOAN, Mayor SONDRA E. SMITH, City Clerk/Tre-s 1.941VFF tt14." COST-SHARE AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND OZARKS ELECTRIC COOPERATIVE CORPORATION This Agreement, made and entered into this 16 —day of J&Wr,.,2, 01 1 by and between the City of Fayetteville,Arkansas and Ozarks Electric Cooperative CorporatWitnesseth: WHEREAS,the City of Fayetteville is constructing a new water pump station identified as Stone Mountain Water Pump Station; and WHEREAS,the City of Fayetteville is in need of 3-phase, 460-volt power to serve the new water pump station; and WHEREAS, Ozarks Electric Cooperative Corporation owns and operates the electric utility that serves the newer water pump station. NOW, THEREFORE,the City of Fayetteville and Ozarks Electric Cooperative Corporation agree as follows: 1. Upon the City Council approving the Cost-Share, Ozarks Electric Cooperative Corporation agrees to: A. Provide the necessary and normal project construction,management, inspection, and testing as necessary for a complete and acceptable 3-phase power extension. B. The estimated total cost of construction for the 3-phase power extension is $54,848.48 as shown in the attached estimate of probable cost. 2. The City of Fayetteville agrees to: A. Pay a lump sum cost of$38,250.48 for the aforementioned 3-phase power extension upon execution of this agreement. 3. It is further understood that the contract includes material, labor and normal trenching. In the event that excessive rock is encountered during construction that cannot be excavated by normal trenching methods,the City of Fayetteville agrees to pay for the additional costs,not to exceed$7,500.00. 4. Changes,modifications, or amendments in scope,price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 5. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Ozarks Electric Cooperative Corporation will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act(A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 6. This contract must be interpreted under Arkansas Law. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE,WE SIGN BELOW: CITY OF FAYETTEVILLE OZARKS ELECTRIC COOPERATIVE CORPORATION BY or Lionel-070dan 10 V71 / �a City of Fayetteville,Arkansas Budget Adjustment Form Budget Year Department: Utilities Request Date Adjustment Number 201t Division: Water& Sewer Maintenance 1/28/2011 Program: Capital Water Mains JUSTIFICATION TO INCREASE PROJECT/ITEM: $45,750.48 in the Mount Sequoyah Pressure Plane Improvements Project. Increase project for the extension of 3- phase, 460-volt power to the Stone Mountain Pump Station site. JUSTIFICATION TO DECREASE PROJECT/ITEM (OR RECOGNIZING REVENUE): To recognize$45,750.48 impact fee funds to extend 3-phase, 460-volt lower to the Stone Mountain Pump Station Site. The extension of the power is needed to power the new pump station. EXHIBIT., Increase Decrease Project.Sub Account Name Account Number Budget Budget Number Contract Services 5400.5600.5315.00 45,75t.4$ 04036 . 1 Transfer from Impact Fee 5400.0940.6602.30 45,75 .4# 04036 . 1 TOTAL 45,750.48 45,750.48 Requested By Di ' ion Head Date kspringer r- l 1� v' Budget& Research Use Only B ire Date Type: A B C E U -MftN Description: Depa ent C rector Date 0 General Ledger Date Finan rector Date 31 /J Posted to General Ledger Chief tall ate Initial Date Posted to Project Accounting M yor Date Initial Date G:\Divs\Utilities Capital Projects\PROJECTS\Canterbury Water Tank Improvements\Stone Mtn Pump Station\BAForm_2011_StoneMountain- OzarksElectric City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 15-Feb-11 City Council Meeting Date Agenda Items Only David Jurgens Utilities Capital Projects Utilities Submitted By Division Department Action Required: Approval of a cost share agreement with Ozarks Electric Cooperative Corporation to extend 3-phase, 460-volt power to the Stone Mountain Water Pump Station for$38,250.48, approval of a $7,500 contingency, and approval of a budget adjustment of$45,751. $ 45,751.00 $ 529,253.92 Mt Sequoyah Pressure Plane Imprvm Cost of this request Program Category/Project Name 5400.5600.5315.00 $ 487,769.75 Water Impact Fee Improvements Account Number Funds Used to Date Program/Project Category Name 04036.1 $ 41,484.17 Water Impact Fees Project Number Remaining Balance Fund Name Budgeted 10-m Budget Adjustment Attached nAT 2 P/T/, Previous Ordinance or Resolution# Departm rect Date .L(� �t( Original Contract Date: l'' '3��— Original Contract Number: City rney Date ` CUA (a . . L -31-Z61 Finance and Internal Services Director Date Received in City EKTEREp �/ Clerk's Office Yar Received in CER Mayor's Office s Date Comments: Revised January 15,2009 CITY COUNCIL AGENDA MEMO Tay� Mei eQMEETING DATE OF FEBRUARY 15,2011 THE CITY OF FAYETTEVILLE,ARKANSAS ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Comi e Date: January 28, 2011 Subject: Approval of a cost share agreement with Ozarks Electric Cooperative Corporation to extend 3-phase, 460-volt power to the Stone Mountain Water Pump Station for$38,250.48 RECOMMENDATION Staff recommends approval of a cost share agreement with Ozarks Electric Cooperative Corporation to extend 3-phase, 460-volt power to the Stone Mountain Water Pump Station for$38,250.48, approval of a$7,500 contingency, and approval of a budget adjustment of$45,751. BACKGROUND A contract with CB&I to build the Canterbury water storage tank was awarded April 6, 2010. There is some additional water line work and a pump station that will be constructed to work in conjunction with the new tank. DISCUSSION This agreement pays the costs for Ozarks Electric Cooperative Corporation to extend 3-phase, 460-volt power to the new Stone Mountain Water Pump Station site. 3-phase power is not currently available at the site, and is necessary to provide the City with the most cost effective electric service for the new pump station. BUDGET IMPACT Funds are available in the impact fee water project budget. The budget amendment for$45,750.48 is attached to transfer funds from the impact fee fund to the water/sewer fund. OZarkSElecCCMeino1-28-201 Ldoc ORDINANCE NO. AN ORIDINANCE TO WAIVE COMPETITIVE BIDDING, TO APPROVE A COST-SHARE AGREEMENT WITH OZARKS ELECTRIC COOPERATIVE CORPORATION IN THE AMOUNT OF $38,250.48 FOR THE EXTENSION OF POWER TO THE STONE MOUNTAIN WATER PUMP STATION, TO APPROVE A PROJECT CONTINGENCY OF $7,500.00, AND TO APPROVE A BUDGET ADJUSTMENT OF $45,751.00 WHEREAS, the City of Fayetteville is constructing a new water pump station, Stone Mountain Water Pump Station, which will be more economically powered by a new 3-phase, 460 volt power line; and WHEREAS, Ozark Electric Cooperative Corporation owns and operates the electric utility that will serve the Stone Mountain Water Pump Station and has agreed to share the cost of the construction of the 3-phase, 460 volt power line to serve the pump station. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines the facts above constitute an exceptional situation in which competitive bidding is not deemed practical or feasible and therefore, waives formal competitive bidding and approves a cost-share agreement with Ozarks Electric Cooperative Corporation in the amount of $38,250.48 for the extension of power to the Stone Mountain Water Pump Station, and approves a project contingency of$7,500.00. A copy of the agreement is attached as Exhibit"A". Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit"B", in the amount of$45,751.00. PASSED and APPROVED this 15th day of February, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer New Units Unit Description Quantity LaborCost MaterialCost With Tax 300 KVA 7.2-480 PD 300 KVA 7.2-480 3 PH PAD MT TRANS. 1 $0.00 $13,458.45 BOR1 BORING-1 PH UG 100 $1,649.94 $0.00 C1/OU CONDUCTOR, 1/0,25KV JACKETED 4,845 $1,990.71 $12,086.94 CONTR 2" 2"'RED'CONTINUOUS CONDUIT-CABLECON 4,715 $7,071.14 $2,929.45 CONTR UM33 THREE PHASE PRIMARY VAULT CONTRACTOR INSTALLED 2 $400.00 $1,137.32 UG17 THREE PHASE PAD MT TRANS.ACCESSORIES 1 $51.36 $632.65 UM48-2 GROUNDING ASSEMBLY FOR THREE PHASE PAD MT.TRANSFORMERS 3 $115.56 $176.40 UM6-1 LOAD BREAK ELBOW 26 $500.76 $885.57 UM6-10 PROTECTIVE CAP(DUMMY) 8 $6.16 $214.56 UM6-22 FOUR PT.JCT-200 A 12 $231.12 $1,906.49 UR2-1 DITCHING UNIT 2,075 $9,335.71 $0.00 $21,352.47 $33,427.83 NEW CONSTRUCTION $54,780.30 RETIREMENT LABOR $68.18 TOTAL COST $54,848.48 LESS ALLOWANCE -$16,598.00 POLICY 30 CHARGE $38,250.48 Retired Units Unit Description Quantity LaborCost MaterialCost With Tax C1/OU CONDUCTOR, 1/0,25KV JACKETED 130 $0.00 $302.68 UM6-1 LOAD BREAK ELBOW 2 $19.26 $68.83 UM6-10 PROTECTIVE CAP(DUMMY) 1 $0.77 $27.39 UM6-21 THREE PT. JCT-200 A 4 $38.52 $530.30 UM6-5 FEED THROUGH LOAD BREAK INSERT 1 $9.63 $182.31 $68.18 CHECK REQUEST Date: 28-Jan-11 Manual Check Vendor Number: 9120 Mail Yes /� No,. Payable to: Ozarks Electric Cooperative Return Check to: Sr�6"wot P.O. Box 848 Fayetteville,AR 72702-0848 Send Copy to: For: Water/Sewer---Stone Mountain Water Pump Station 3-phase power extention Separate Check Code A Bank Number Payable From: Fund Name Water/Sewer # Amount of Check $ 38250.48 Charged as follows: Account Name Amount Additional Sub Sub Approval: Fund Dept Dept Base Detail Project Project F] Does Not Contract Services 38,250.48 5400 5600 5315 00 04036 1 Meet Purchasing Policy ❑ Contract Payment ❑ Other Approved: TOTAL $38,250.48 Accounting Use - Receipting Prepared by: r I Partain G/L Account Number Approved by: "w Entered: Key Code NORTHWEST ARKANSAS NEWSPAPERSLLcCEIVFD MAR 31 2011 Northwest Arkansas Democrat Gazette CIrY OF FAYETTEVILI E The Morning News of Springdale CITY CLERK'S OFFICE The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5387 ORDINANCE NO 5367 AN ORpJNANGE TO WAIVE COMPETITIVE BIDDING TOAPP130VEA COST-SHARE AGR EEM�NT`WITH March 3, 2011 'IN" OZARKS Ef�CTRIC COORERgTIVE CORPORATION "� 1 IN?THE gMOUNT OF $38 250 48'FOR' THE ej 1 EXTENSION OE POWER T,b THE STONE-MOUNTi�ItJ , i ++ WATER PU{y1P''STATION,TO APPROVE APROJECT nnxnK's'as CONTINGENCY OF"$7,"500 00 ,AND TO APPROVE A BUDGEG":AQjUSTMENT OF Publication Charge : $ 77.82 "$45,751.00 _ WHERinWEAS the City of FayelevMe.is constfucting a hew'ater pump station;"Stone 48D voountlt poweer j tion which wtlf be more�conom�cally;powered b anew 3,phase lNHEREAS O iV ( hzatk Etectnp Cooperative Corporation owns and operates:the electric;10 Signed: —_ — Y---------- NOonstru�t dri of the 3 phase�4 0 vtolt powlomerSnetion and has,agreed t4share the cast of., to serve the pump station IIV [HEREFORE BE 1T ORDAINED BY THE C17Y COUNCIL ORi THE CITI!'OF,, FAYETTEVIl,LE,ARKANSAS � =, – Sacfion i That the Ctry Council of the,O ty of Fayettev�)le grkansas herepy determines the Subscribed and sworn to before me fact`s above co6stitute an exceptional situation in which compettwe bidding is not deemgd p actloal or feasible and therefore wa(v format:co[ppetitive�bldding and approves a•cosY�:,. This d day of Qr H� 201 1 . shape agreement with,bidi s Electric Cooperative`CorporaUon,in the amount of$38 25048, for the eMension of power;to tfie Stone MountalnxWater Pump Station and approves'a project contingency of$'7;500 00 A copy of the agreement is attached as,Exhibit A... $actio r That the City Council of, e-Ciry of Fayetteville Arkansas hereby approves abud- get adtushnen4.a copy of which.is attached as Exhibit B in�ihQ amount of-$5 751.Opa,`- PASSED and AP PROVED th(s 7 5th day of February 2071 Notary Public gPPROVED LJONEID'JO � ATTEST: RDAN,Mayor �SONgRA E"SMITH Ci �IYTI(Vie�rS ryClerk/Treasurerr vyashington county �Fxhitits`forthisordinancema bevievdedihtheofficeoftheCCierk/Treasurer Can7tission Number 1237464/ � My Commission Expire � omn ssipri expires jai.20,2020 Do not pay from Affidavit, an invoice will be sent