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HomeMy WebLinkAboutOrdinance 5485 ORDINANCE NO. 5485 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD FOR REIMBURSEMENT OF $297,258.54 FOR REPLACEMENT OF CROSSING PANELS AND INSTALLATION OF RAILROAD SIGNAL EQUIPMENT AFFECTED BY THE RECONSTRUCTION AND WIDENING OF CATO SPRINGS ROAD FROM RAZORBACK ROAD TO S. SCHOOL AVENUE, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, the reconstruction and widening of Cato Springs Road from Razorback Road to S. School Avenue will require replacement of crossing panels and the installation of railroad signal equipment at the Arkansas &Missouri Railroad crossing; and WHEREAS, the scope of work will include three (3) new concrete panel crossings, leveling of existing tracks to create a smoother crossing at Cato Springs Road, installing flashing lights, vehicular gates,pedestrian gates and appurtenances; and WHEREAS, as part of the Cato Springs Road Widening and Improvement Project construction contract approval with Dean Crowder Construction, the City Council was made aware of certain third party expenditures which would have to be approved in the future to fully implement the project; and WHEREAS, this agreement with Arkansas &Missouri Railroad is one such expenditure; and WHEREAS, Arkansas & Missouri Railroad should effectuate improvements to their own railroad according to its needs and specifications, 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 finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and therefore waives the requirements of formal competitive bidding and authorizes an agreement with Arkansas & Missouri Railroad for reimbursement of $297,258.54 for replacement of crossing panels and installation of railroad signal equipment affected by the reconstruction and widening of Cato Springs Road from Razorback Road to S. School Avenue. Page 2 Ordinance No. 5485 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"A". PASSED and APPROVED this 21St day of February, 2012. APPROVED: ATTEST: By: By: I ELD,!� N, Mayor LISA BRANSON, Deputy City Clerk 0,111 W(1 L1 Y➢Cia T R,-4 ® ° p FAYETTEVILLE o�9s®q�'KANSA®Jae N City of Fayetteville,Arkansas V11.0310 Budget Adjustment Form Budget Year Division: Engineering Request Date Adjustment Number 2012 Department: Development Services 2/2/2012 BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION A resolution approving a payment to Arkansas & Missouri Railroad (A&MRR) in an amount not to exceed $297,258.54 for the replacement of crossing panels and the installation of railroad signal equipment affected by the reconstruction and widening of Cato Springs Road from Razorback Rd to S. School Av. --� Z1 Z Prepared By: Division Head Date enutcnens Reference: ,A Budget Director `� G Date Budget& Research Use Only Ny 0&,931 tt- Type: A B C D E P Departmen irector Date "V4 Q -20li'L General Ledger Date 6/7/2011 Fina a Director Date All a?-(o 1A_ Posted to General Ledger Chie o#' taff Date Initial Date r ,� -y--< Checked/Verified or Date Initial Date TOTAL BUDGET ADJUSTMENT - - Increase/(Decrease) Project.Sub Account Name Account Number Expense Revenue Number Street improvements 4470.9470.5809.00 (283,424) 06035 . 1500 Land acquisition 4470.9470.5805.00 (13,835) 06035 . 1700 Street improvements 4470.9470.5809.00 297,259 06035 1200 EXHIS1 a ' J:\EXCEL\Cato springs Road\BA_Cato_Railroad 02022012.xis 1 of 2 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts,Leases or Agreements 2/21/2012 City Council Meeting Date Agenda Items Only co Chris Brown Engineering Development Services �,•_ Submitted By Division Department Action Required: A reserution approving a payment to Arkansas&Missouri Railroad(A&MRR) in an amount not to exceed $297,258.54 for the replacement of crossing panels and the installation of railroad signal equipment affected by the reconstruction and widening of Cato Springs Road from Razorback Rd to S.School Ave. $ 283,424.00 $ 283,424.00 Transportation bond funds $ 13,835.00 $ 632,909.00 Transportation bond funds Cost of this request Category/Project Budget Program Category/Project Name 4470.9470.5809.00 $ - Transportation bond funds 4470.9470.5809.00 $ 600,967.66 Transportation bond funds Account Number Funds Used to Date Program/Project Category Name 06035.1200 $ 283,424.00 CIP 06035.1200 $ 31,941.34 CIP Project Numbers Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached (,• OL,QS,1.�1 L Previous Ordinance or Resolution# Depart ector Date J� Original Contract Date: Original Contract Number: orney Date Finance and Internal Services Director Date Received in oiY —O 3— 1 2 A G G 4 5 R C V D Clerk's Office Awkto/#/041� Chiel of S Date ` Received in Mayor's Office f yor 4�a�t Comments: Revised January 15,2009 • a e eVlle THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO Council Meeting of February 21,2012 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate,Development Services Director From: Chris Brown,City Engineer CO Date: February 2, 2012 Subject: A resolution approving a payment to Arkansas&Missouri Railroad in an amount not to exceed $297,258.54 for the replacement of crossing panels and the installation of railroad signal equipment affected by the reconstruction and widening of Cato Springs Road from Razorback Rd to S. School Av. PROPOSAL: The City has received a proposal in the amount of$297,258.54 from the A&MRR for the replacement of crossing panels and the installation of railroad signal equipment. The scope of work will include 3 new concrete panel crossings, leveling of existing tracks to create a smoother crossing at Cato Springs Road, installing flashing lights, vehicular gates, pedestrian gates and appurtenances. At the June 7"'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 Arkansas&Missouri Railroad(A&MRR) is one of those identified project budget items. RECOMMENDATION: Staff recommends City Council approval of this payment to A&MRR. Street Committee recommended approval at the January 31st 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 A&MRR was $355,986.00, but staff has negotiated with A&MRR to reduce this amount to $297,259.54, a savings of approximately $58,726.46. The attached budget adjustment transfers CIP funds from other Bond Projects to cover the cost of this work. ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING AN AGREEMENT WITH ARKANSAS & MISSOURI RAILROAD FOR REIMBURSEMENT OF $297,258.54 FOR REPLACEMENT OF CROSSING PANELS AND INSTALLATION OF RAILROAD SIGNAL EQUIPMENT AFFECTED BY THE RECONSTRUCTION AND WIDENING OF CATO SPRINGS ROAD FROM RAZORBACK ROAD TO S. SCHOOL AVENUE, AND APPROVING A BUDGET ADJUSTMENT WHEREAS, the reconstruction and widening of Cato Springs Road from Razorback Road to S. School Avenue will require replacement of crossing panels and the installation of railroad signal equipment at the Arkansas & Missouri Railroad crossing; and WHEREAS, the scope of work will include three (3) new concrete panel crossings, leveling of existing tracks to create a smoother crossing a Cato Springs Road, installing flashing lights,vehicular gates, pedestrian gates and appurtenances; and WHEREAS, as part of the Cato Springs Road Widening and Improvement Project construction contract approval with Dean Crowder Construction, the City Council was made aware of certain third party expenditures which would have to be approved in the future to fully implement the project; and WHEREAS, this agreement with Arkansas &Missouri Railroad is one such expenditure; and WHEREAS, Arkansas & Missouri Railroad should effectuate improvements to their own railroad according to its needs and specifications, 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 finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and therefore waives the requirements of formal competitive bidding and authorizes an agreement with Arkansas & Missouri Railroad for reimbursement of $297,258.54 for replacement of crossing panels and installation of railroad signal equipment affected by the reconstruction and widening of Cato Springs Road from Razorback Road to S. School Avenue. 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 "A". PASSED and APPROVED this 21St day of February, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Jan 24 1Z UO:40a Jacobs Engineering - l--aye 479-442-7391 p.1 January 20,2012 Mr. Chris Brown, PE City Engineer,City of Fayetteville 125 'Vest Mountain St. Fayetteville,Arkansas Re: Cato Springs Roadway Improvements and AMRR Dear Mr. Brown: It is my understanding that the City of Fayetteville's roadway improvements on Cato Springs has now been awarded to a general contractor. From the on-site meeting with on January 13 with my staff, I further understand the City will be preparing documentation for City Council approval for the funding of the railroad improvements as a part of these roadway improvements. Please find below our price for the construction of this project. Item f# Item Quantit Unit Unit Price Cost 1 Surfacing Equipment 30 Per Hour $100.00 $3,000.00 2 Track Ballast 240 Ton $80.00 S19,200.00 3 Angle Bars air 12 Each $76.00 $912.00 4 Track Spike 20 Ke ; $68.00 $1,360.00 Linear 5 Concrete Panels 108 Foot $250.00 $27,000.00 6 141#Rail 480 Ton $20.00 $9,600.00 7 10' Cross Ties 90 Each $70.00 $6,300.00 8 8'6"Cross Ties 54 Each $61.00 $3,294.00 9 Tie Plates 288 Each $9.50 $2,736.00 Subtotal $73,402.00 Tax 9.25% $6,790.00 10 Man Hours 270 Hours $37.50 $10,125.00 Engineering & Lump 11 Coordination 1 Sum $15,000.00 $15,000.00 Subtotal for AMRR $105,317.00 Lump 1 Sub-Contractor 1 Sum $190,441.54 $190,441.54 Sub-Contractor 2 Coordination 40 Hours $37.50 $1,500.00 TOTAL ESTIMATED COST $297,258.54 Note: 1 y The AMRR will guarantee the cost noted here in for 90 days past the date of this letter. The AMRR reserves the right to pursue alternate sub-contractors and perform work in- part or in whole for which they deem to be in the best interest of the Railroad. 2) Work at this site will be performed by the railroad or its sub-contractor under a road closed to through traffic work zone with the road closure to be provided by the City or the Contractor selected by the City. jan L4 'IZ uu:4ea Jacobs tngineenng - Faye 4l9-442-/391 p.2 Chris Brown, PE Cato Springs Railroad Improvements Page 2 of 2 The Arkansas Missouri Railroad will coordinate its work with the City and the City selected contractor. We will work to help ensure a safer railroad crossing at this location. Please call me with any questions. Sincerely, Brent G. McCready President cc: Jim Crouch,Cypert,Crouch, Clark& Harwell,PLLC Kip Guthrie, PE-Jacobs File Jan L4 IL U4.40p jacoos cngineenng - raye 4/y-442-/ay1 P.1 Railroad Signal Intl. 1715110 � E.Pine-_`_-_�� Tulsa,Oklahoma 74116 Phone:(918)234-1522 Fax:(918)234-1529 CUSTOMER: A&M RAILROAD PROJECT: FURNISH AND INSTALL 6X6 CONTROL HOUSE 2 EA RAILROAD GATES WITH LED LIGHT HEADS I EACH PED GATE CIRCUITS DESIGNED TO PROTECT 3 TRACKS ACROSS ROADWAY LOCATION: CATO SPRINGS FAYETTVILLE ARKANSAS CONTROL: HXP-R CWT MATERIALS SHOP WIRING AND TESTING S 88,92132 FIELD LABOR,TESTING,ENGINEERING,EQUIP S 101,520,22 OVERHEAD,SHIPPING ETC. TOTAL COST OF PROJECT IS 190,411.54 PRICE DOES NOT INCLUDE ANY TRACKWORK EXCEPT BONDING RAIL PRICE FOS JOB SITE. PRICE DOES NOT INCLUDE ANY TAX OF ANY KIND. INSULATED JOINT AND SW RODS IF REQUIRED BY RAILROAD THIS QUOTATION IS VALID FOR A PERIOD OF 30 DAYS FROM BID DATE RAILROAD SIGNAL INTL. ;fir: `a.�_.- '�--_--*�•-"..�.. � 8l11:2Q11 .y RACHEL BURNS DATE DIRECTOR OF SALES APPROVED BY: PO# APPROVED DATE: 040496 Cato Springs Road (S. School - Razorback) H std.wyr sa.Gry ✓ k. .ac Jt+,xv. l 4 s ? -.,-,C a.✓P ��-' Consultant Engineer Ori g 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 $84,000 Staff Engineer $12,600 City Engineer $7,100 In-house Surveying(2 Man) $3,000 Contra Subtotal $314,327 Materials Testing Lab $20,000 Engineering Total $1,036,377 r -r&N W $258,457 W Contingency $50,000 M Right Of Way Total $308,457 ~1� i%t�lrfles r; µ r ' ...�rnrr Z Arkansas Western Gas $94,312 W SWEPCO $177_,886 0.X LV Utilities Total $272,198 W Control House,Gates&Signals $166,932 n Q Conc.Panels,Timber Ties,Ballast $189,054 It Railroad Total $355,986 IL Contructon Water&Sewer $691,389 Road $3,123,784 'SubTotal $3,815,173 5%Contingency $190,759 Construction Total $4,005,932 Pe.mats ADOH �� $500 NOI $200 STAA $200 Railroad $5,800 Permits Total $6,700 ,.., . 4HTD Atlrr�rr��strat►on . .. .,... �' , . . _. ... , t ,,.� .. AHTD Design Admin. $5,000 AHTD Construction Admin. $25,000 AHTD Admin Total $30,000 GRAND TOTAL PROJECT COST $6,015,650 w Federal Funding (Max.) -$2,879,679 TOTAL COST TO CITY $3,135,971 N Water& Sewer Funding -$350,000 Z o CIP Funding (Excess Project Funds) -$441,335 Z M U. TOTAL COST TO BOND PROGRAM $2,344,636 NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWS-P-M- E:D.S LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of- ORDINANCE 00.5485 City of Fayetteville F�FOWREPLACEMENT&'C'Rb RDINANCE WAIVING THE REQUIREMENTS OF AL COMPETITIVE SIDDfNG qND APPROVING Ordinance 5485 GREEMENP WITH ARKANSAS & MISSOURI aa P OAD FOR REIMBURSEMENT OF$297,258.54 SSING'PANELSAND ARKAHsf,s- ;;LLATION QF RAILROA(�SIGNAL EQUIPMENTS Was inserted in the Regular Editions on: AFFECTED BY THE RECONSTRUCTION AND WIDENING OF -ATO°SPRINGS ROAD; FROM,RAZORBACK ROAD"TO S.``SCHOOL AVENUE','AND'APPROVING GS ROAD March 1, 2012 ADJUSTMENT„ ; WHEREAS,the reconstruction and widening of Cato Springs Road from Raiorback Road So, S.School Avenue.Nnll requi'eYepfacement of crossing panels and the installation of railroad' signal equipment at the fvkensas 8,,Missouri Railroad crossing.and WHEREAS the seppe of work,will include three(3)new,concrete panel croas(ngs levelingbf Publication Charges: $103.76 existifig tracks to'c�eate`a smootherc'rossing at Cato;Springs Road Jnstalling'flasti(ng'Ifghts, vehicular gates,pedestrian gates and appurtenances;and. WHEREAS as part of the Cato SpOngs Road Widening and Improvement Project construe- bon cgntract'appro`val vnth Dean Crowder Construction,the City Council was made aware' of certain third party expenditures which would ha mplemeht the projectve o be approved in the future to fully ;•and -- WHEREAS this agreement Nn(h Arkansas 8 Missouri Railroad is.one uctt expenditures and PR ,"S”,ArkaPsas&Missouri Ra(Iroad should,effectuate.improvementsto:their,own ra iroadraccording tc rts needs end spebifioations,'' " C / r NOW,THEREFORE BE IT ORDAINED,BY THE CITY COUNCIL OF THE CITY OF` ✓✓✓ "`��� PAYETTEI/ILEFQR►CANSAS; Section 1 That the City Council of the;City of Fayetteville,Arkansas hereby find1.s that suoh Cathy Wiles c(rcumstances constitute an exceptiomf situation where competitive bidding js hot feasible or practical and therefore waives tho,jbqulrements of formal competitive bidding and autho-` rizes an`agreement;�nnth Arkansas&f Issoun Railr668-for reimbursement ofs,-,2 ? .54 for replacement of crossing panels and installation of railroad'sigriai egwpmeh'affected thy; the reconstructio land widening of Cato Springs Road from Razorback Roan to S Sohool? Avenue: t a Se g'eta2 That_the City Cpuncil of the City of Fayetteville Arkansas hereby approves a.' Subscri ed and SWOTn t0 before me budget adfustimeot,,a copy of which is attached as Exhibit A This day of k U dl� , 2012. PASSED and APPROVED this 21st day'of February',2012 APPROVED: ATTEST.' By: LIONELD JORDAN;Mayor L'$a Branson Deputy City Clerk A 11 Notary Public J My Commission Gra,H on COU % aslimm� ExP�ies ?v1Y OT0 27,2015RECEIVED MAR 14 2012 CITY OF FAYETfEVILLE CITY CLERK'S OFFICE **NOTE* Please do not pay from Affidavit. Invoice will be sent.