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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 ``��aatarnrvv®ve oma. ®cpm 0Va m�J` /o FAYEI7EVILLE sLo ® Q5 /., •9R o e ° d 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 91MV ROME v'rSUN y''e` wg. 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.