HomeMy WebLinkAboutOrdinance 5439 ORDINANCE NO. 5439
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THIS
PAYMENT AND ALL FUTURE PAYMENTS TO OR CONTRACTS WITH
AEP/SWEPCO AND OZARKS ELECTRIC COOPERATIVE FOR THE
RELOCATION COSTS FOR ELECTRIC UTILITY POLES AND POWER
LINES NECESSITATED BY ROAD RECONSTRUCTION OR WIDENING
PROJECTS WITHIN AEP/S WEPCO'S OR OZARK ELECTRIC'S AREA OF
SERVICE, TO APPROVE THIS PAYMENT IN THE AMOUNT NOT TO
EXCEED $142,953.21 AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, it is not feasible or practical to competitively bid electrical utility pole and
power line movement costs necessitated by road reconstruction or widening projects because
AEP/SWEPCO and Ozarks Electric Cooperative have exclusive jurisdiction to construct and
maintain such electric facilities within their service areas as designated by the Arkansas Public
Service Commission.
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
and declares that it is not feasible or practical to competitively bid relocation costs for electric
utility poles or power lines and so waives any formal requirements of competitive bidding now
and in the future for all such project costs necessitated by road reconstruction or widening
projects for payments or contracts with AEP/SWEPCO and Ozarks Electric Cooperative within
Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the payment to AEP/S WEPCO to relocate existing utility poles and power lines for the Cato
Springs Road project in the amount not to exceed $142,953.21 as shown on the attached
SWEPCO Summary of Relocation Cost and approves the attached Budget Adjustment in the
amount of$143,000.00.
PASSED and APPROVED this 20th day of September, 2011.
APPROVED: ATTEST:
By: /i
WOVELD J A ayor SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/20/2011
City Council Meeting Date
Agenda Items Only
Chris Brown Engineering Development Services
Submitted By Division Department
Action Required:
A resolution approving a payment to SWEPCO in an amount not to exceed $142,953.21 for the relocation of existing
utility poles and power lines affected by the reconstruction and widening of Cato Springs Road from Razorback Rd to
S. School Av.
$ 142,953.21 $ 4,501,293.00 Transportation Bond Street Improvements
Cost of this request Category/Project Budget Program Category/Project Name
4470.9470.5809.00 $ 4,037,805.45 C I P
Account Number Funds Used to Date Program/Project Category Name
06035.1200 $ 463,487.55 CIP
Project Number Remaining Balance Fund Name
Budgeted Item �X Budget Adjustment Attached �X
,
�Q��t,f(' ( ti,'1,d Previous Ordinance or Resolution#
Department i%ctor Date
Original Contract Date:
Original Contract Number:
City Attorney Date
Finance and Internal Services Director c Date Received in City 09-0�- 1 I A09 J 3 iZ C V D
Clerk's Office
Chief of aff Date
Received in EN ED
Mayor's Office
MOO/
M yor date
Comments:
Revised January 15,2009
•
aTy e eVl e THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
wmaccessfayetteville.org
CITY COUNCIL AGENDA MEMO Council Meeting of September 20,2011
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate,Development Services Director
From: Chris Brown,City Engineer G�
Date: September 2,2011
Subject: A resolution approving a payment to SWEPCO in an amount not to exceed$142,953.21 for the relocation
of existing utility poles and power lines affected by the reconstruction and widening of Cato Springs
Road from Razorback Rd to S. School Av.
PROPOSAL:
At the June 7th City Council meeting, staff recommended approval of the construction contract for Cato Springs Road to
Dean Crowder Construction. Staff also presented City Council with the attached spreadsheet which outlines the entire
project expenditures, and stated that certain third party expenditures would have approved at a future date by the City
Council. This expenditure to Southwestern Electric Power Company(SWEPCO) is one of those identified project budget
items.
After reviewing the proposed construction plans, Engineering staff and SWEPCO staff have agreed that approximately 39
existing utility poles and associated power lines will have to be relocated to allow for the construction of the proposed
Cato Springs Road improvements. It was determined that 19 of the existing utility poles are located outside of the
existing road right-of-way and easements. Therefore, the City will reimburse SWEPCO 48.72% or$140,365.44 of actual
costs to relocate their facilites which is presently estimated at $288,106.41, plus $2,587.77 to relocate guys & anchors at
the intersection of Vale & Cato Springs Road to allow for the construction of the proposed box culvert and boring of the
proposed water line to avoid a 132 year old cottonwood tree and a Lobblolly pine for a total of$142,953.21. The cost
estimate developed by SWEPCO is attached.
RECOMMENDATION:
Staff recommends City Council approval of this payment to SWEPCO. Street Committee recommended approval at the
August Mx'meeting.
BUDGET IMPACT:
Funds have been included in the overall project budget (attached) which is funded by the Transportation Bond Program,
CIP Funding, and Water& Sewer Funding. The original estimate from SWEPCO was $177,886, but staff has negotiated
with SWEPCO to reduce this amount to $142,953, a savings of approximately $35,000. This expenditure will by paid
with excess CIP funds that is being transferred from the Mt. Comfort Road-project by the attached budget adjustment.
ORDINANCE NO.
AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THIS
PAYMENT AND ALL FUTURE PAYMENTS TO OR CONTRACTS WITH
AEP/SWEPCO AND OZARKS ELECTRIC COOPERATIVE FOR THE
RELOCATION COSTS FOR ELECTRIC UTILITY POLES AND POWER
LINES NECESSITATED BY ROAD RECONSTRUCTION OR WIDENING
PROJECTS WITHIN AEP/S WEPCO'S OR OZARK ELECTRIC'S AREA OF
SERVICE, TO APPROVE THIS PAYMENT IN THE AMOUNT NOT TO
EXCEED $142,953.21 AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, it is not feasible or practical to competitively bid electrical utility pole and
power line movement costs necessitated by road reconstruction or widening projects because
AEP/SWEPCO and Ozarks Electric Cooperative have exclusive jurisdiction to construct and
maintain such electric facilities within their service areas as designated by the Arkansas Public
Service Commission.
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
and declares that it is not feasible or practical to competitively bid relocation costs for electric
utility poles or power lines and so waives any formal requirements of competitive bidding now
and in the future for all such project costs necessitated by road reconstruction or widening
projects for payments or contracts with AEP/SWEPCO and Ozarks Electric Cooperative within
Fayetteville.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves
the payment to AEP/SWEPCO to relocate existing utility poles and power lines for the Cato
Springs Road project in the amount not to exceed $142,953.21 as shown on the attached
SWEPCO Summary of Relocation Cost and approves the attached Budget Adjustment in the
amount of$143,000.00.
PASSED and APPROVED this 20th day of September, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
SWEPCO
SUMMARY OF RELOCATION COST
8/5/2011
ESTIMATE FOR CATO SPRINGS ROAD
FAYETTEVILLE,ARKNASAS
JOB#040496
TOTAL
INVESTMENT COST $246,307.53
(MATERIAL AND LABOR)
INCLUDED RIGHT OF WAY CLEARING $2,000.00
REMOVAL COST $34,426.90
(LABOR ONLY)
MAINTENANCE COST $21,975.38
(MATERIAL ANDLABOR)
LESS SALVAGE MATERIAL $14,603.40
LESS BETTERMENTS
NET CONSTRUCTION COST $288,106.41
NUMBER OF EXISTING POLE 39
IN CONFLICT WITH PROJECT
NUMBER OF EXISTING POLES 19
IN CONFLICT THAT ARE REIMBURSABLE
REIMBURSEMENT RATIO 19/39=0.4872 48.72%
TOTAL AMOUNT ELIGIBLE FOR RELOCATION $ 140,365.44
Relocation of Guys and Anchors at Vale&Cato Spring: $2,587.77
Total Charges to City of Fayetteville $142,953.21
040496 Cato Springs Road (S. School - Razorback)
r
Consultant Engineer Orig Design Contract $227,550
Amendmt#1 $278,150
Amendmt#2 $196,350
Garver Subtotal $702,050
Engineering Staff Time(2006-2011) Engs,Surveyors, Land Agents $144,627
Const.Project Manager $63,000
Const. Project Inspector $84,0001
Staff Engineer $12,6001
City Engineer 1 $7,100
In-house Surveying(2 Man) $3,000
Contra Subtotal $314,327
Materials Testing Lab $20,000 _
Engineering Total $1,036,377
LU $258,457
W
� Contingency $50,000 ',
H
Right Of Way Total $308,457
D
Z Arkansas Western Gas $94,312
CL SWEPCO $177,886
X AT&T $0
W Utilities Total $272,198_
N 10
14 ml
W Control House,Gates&Signals $166,932
0 Conc. Panels,Timber Ties, Ballast0.
$189,0541
Railroad Total $355,986
NO
Water&Sewer $691,389
Road $3,123,784
_ SubTotall $3,815,173; _
5%Contingency $190,759;
Construction Total $4,005,932
s 10
ADOH $500
NOI $2001
STAA $200 _
Railroad $5,800
Permits Total $6,7001
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AHTD Design Admin. $5,000
_ AHTD Construction Admin. $25,0001
AHTD Admin Total $30,000
GRAND TOTAL PROJECT COST $6,015,650;
W Federal Funding (Max.) -$2,879,6791
1
0 _ TOTAL COST TO CITY 1 $3,135,971'
Water,& Sewer Funding -$350,0001
Z
B CIP Funding (Excess Project Funds) -$441,3351
Z - -
LL TOTAL COST TO BOND PROGRAM $2,344,636'
City of Fayetteville,Arkansas
Budget Adjustment Form V11.0425
Budget Year Division: Engineering Request Date Adjustment Number
2011 Department: Development Services
9/1/2011
BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION
The Cato Springs Transportation Bond Project will require relocation by Swepco of existing utility poles and
associated power lines. There are CIP funds available in the Mt. Comfort CIP funds (Mt Comfort is nearing the end
of the two construction projects). This budget adjustment allocates those funds.
q�z�ll Prepared By:
Division Head Date kspringer
Reference:
Budget Director Date Budget& Research Use Only
0i.o Z-1W'f Type: A B C D E P
D e p a r ab irecit'or Date
TCX_J (�k (��. k>.4� -zp t i General Ledger Date
Fina ce Director Date
-// Posted to General Ledger
thi-eYA. f Staff Date Initial Date
zy'6;�_�� ZV—/Z Checked/Verified
ayorate Initial Date
TOTAL BUDGET ADJUSTMENT -Increase/(Decrease) Project.Sub
Account Name Account Number Expense Revenue Number
Street improvements 4470.9470.5809.00 143,000 06035 . 1200
Street improvements 4470.9470.5809.00 (143,000) 06035 . 1500
J:\EXCEL\Transportation Bonds\Cato Springs\Budget Adjustment\Cato Springs_Swepco 0901201 l As 1 of 1
NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS
NTBVSIpVE.-1�6 NORTHWEST ARKANSAS TIMES
LLC
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.60X 1607,72702 479.442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION RECEIVED
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the OCT 0 7 2011
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation, CITY OF FAYETTEVILLE
that from my own personal knowledge and reference to the files CITY CLERK'S OFFICE
of said publication,the advertisement of-
Ciof Fa etteville ORDINANCE NO 5439
"J y AN ORDINANCE WAIVING COMPETIINE BIDDING
Ordinance -5439 `FOR THIS„PAYMENT,AND ALL F17TURE PAYMENTS Q
TO OR`CONTRACTS WITH'AEP/SWEPCO AND �
OZARKS ELECTRIC COOPERATIVE FOR THE Y .
RELOCATION COSTS FOR ELECTRIC UTILITY AflKA'NSAS
�S' DPOWER LINES,NECESSITATED BY
AD RE UCTION OR WIDENING PROJECTS WITHIN qEP/SWEPGO S OR
Was inserted in the Regular Editions on: f QZARj( ICSAREA OF SERVICE TO APPROVE THIS PAYMENT IN THE AMOUNT
NOT TO IXC ED a 2 953 21 AND TO APPROVE A B DGET ADJUSTMENT
September 29, 201 1 WtiEREq$ isno�Yfeasrbje or practical to compeMroely bid electncal uhhty pole and power
Jine movementsPftated by road reconstructro5 or vndening projects because
PEP/SWEP�O aptlOsE7ectric Cooperative have exclusive lunsdiction to constnact
and ma ntaFh elecnc facilities within theirservice areas as designated by the Arkansas
Q � "Pubi(c Service,C,o mission. ,
Publication Charges: $90.79 NOW Tt11REFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section f That the C ty Council of the Ciiy of Fayetteville,Arkansas hereby deteirrjmes anile-
declares that it is not feasible,or practical to eompeUtively bid relocation costs for electric
utilitypoles or power lines and so w�ves any formal requKe rents of competitive Vi'n now
and m3he°,futurefior ai(such pibjeet costs riecessitated by"road recohatruciion`or widening
r ;projects for payments;'or contracts with AEP7SWEPCO;and OzarksElectnc Cooperative F
within Fayetteville W a -
Section 2.That the Ci Council of the'City of Fa etteville Arkansas hereb
tY !tY Y y approves the
;_;payment toAEP/SWEPCO'to relocate exist(ng utrUty ppies andpowgr Imes for the Cato"
Spnngs Road project iR tha;amour t not to exceed$142 953 21 as shown on the,attached
Cathy Wile '"SWEPCO'SummarybfIRelocatibn Cost and approvestheattached'qudget Adjustment>int
r Ahe arrlount of$143,000 00
PASSEp and APPROVED s-20th tlay of September 2011
'`APPROVED: ` ATTEST -
LIONELD JORDAN Mayor SONDRA E SMITH City Olerk(Treasurer
Subscribed ands o tQq��b��efore me
This 2qA day of 0C D`� , 2011.
tary Public
My Commission Expires:
SANDRAE.SCHACHERBAUER
BEN'TON COUNTY
NOTARY PUBLIC.ARKAWM
MY C Tn6sion Explrft April 15,2017
Com hslOn NO,123 121
**NOTE*
Please do not pay from Affidavit. Invoice will be sent.