HomeMy WebLinkAbout10082RESOLUTION NO. 10082
A RESOLUTION AMENDING AND INCREASING A CONSTRUCTION PROJECT
CONTINGENCIES FOR LAFARGE NORTH AMERICA, PROJECT NO. 03 -090 (CP0318)
LIBRARY STREET IMPROVEMENTS STM M086-.040, IN THE AMOUNT OF $45,979.97
APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND AQUILA INC.
OBLIGATING $50,803.47 FOR THE PARTIAL UNDERGROUNDING OF OVERHEAD
POWERLINES WITHIN THE PROJECT AREA
WHEREAS, the approved agreement (Resolution No. 9814) with the Colorado Department
of Transportation specifies a project budget for the Library Street Improvements STM M086 -040,
Project No. 03 -090 (CP0318) ( "Project ") at $750,000.00, setting forth $141,250 by the City for the
local match and non - participating funds, and;
WHEREAS, the construction contract awarded to Lafarge North America (Resolution No.
9967) in the amount of $568,014.40 plus contingencies of $85,202.16 leaves $96,783.44 of
unused funds, and;
WHEREAS, the proposals for the additional construction to Library Street Improvements
STM M086 -040, Project No. 03 -090 (CP0318) have been received and examined, and;
WHEREAS, the City desires relocated power lines to be placed underground and is willing
to pay Aquila Inc. directly for a portion of the costs to underground;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The construction project contingencies for Lafarge North America, Project No. 03 -090
(CP0318) Library Street Improvements STM M086 -040 ( "Project ") is hereby increased by the
amount of $45,979.97 above the original contract amount plus authorized contingencies. The
Purchasing Agent is authorized to execute an amendment to the construction contract setting forth
the additional work to be performed by the contractor.
SECTION 2
The Limited Purpose Cost Sharing Agreement between the City of Pueblo and Aquila Inc.,
a copy of which is attached hereto, having been approved, as to form, by the City attorney, is
hereby approved. Funds in the amount of $50,803.47 for the partial undergrounding of existing
power lines within the project area are herby authorized to be spent.
SECTION 3
The Limited Purpose Cost Sharing Agreement is a separate agreement limited solely to its
terms and the power lines described therein. Neither this Resolution nor the Limited Purpose Cost
Sharing Agreement shall constitute nor be construed to constitute (a) a waiver by the City of any
obligation imposed on Aquila, Inc. under any provision of the Franchise Agreement (Ordinance No.
5222) or (b) an interpretation of Section 7 of Article III of the Franchise Agreement that Aquila, Inc.
is not obligated to underground relocated power lines.
SECTION 4
The President of City Council is hereby authorized to execute and deliver the Limited
Purpose Cost Sharing Agreement in the name of the City, and the City Clerk is directed to attest
same and affix the Seal of the City thereto.
INTRODUCED March 22, 2004
BY Michael Occhiato
/� Councilperson
APPROVED: 1'�f
ATTESTED BY: _%,. PRESI ENT OF CITY COUNCIL
� � � �
CITY CLERK
l&o * 1 0082
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 9
DATE: March 22, 2004
DEPARTMENT: TRANSPORTATION
DAN CENTA, PE — ASSISTANT CITY MANAGER FOR TRANSPORTATION
TITLE
A RESOLUTION AMENDING AND INCREASING A CONSTRUCTION PROJECT CONTINGENCIES FOR
LAFARGE NORTH AMERICA, PROJECT NO. 03 -090 (CP0318) LIBRARY STREET IMPROVEMENTS STM
M086 -040, IN THE AMOUNT OF $45,979.97 APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO AND AQUILA INC. OBLIGATING $50,803.47 FOR THE PARTIAL UNDERGROUNDING OF
OVERHEAD POWERLINES WITHIN THE PROJECT AREA
ISSUE
Should the City increase the construction project contingencies for Lafarge North America, Project No. 03 -090,
(CP0318) by the amount of $45,979.97, and should the City enter into a contractual agreement with Aquila, Inc. to
pay for a portion of the costs ($50,803.47) to underground overhead utility lines in the project area?
Approval of Resolution.
BACKGROUND
In March 2003, City Council entered into an agreement (Resolution No. 9814) with the Colorado Department of
Transportation for the use of federal funds and local funds to design and reconstruct the intersections of
Union/Bates/Church, Main Street & Abriendo Avenue, Colorado Avenue & Abriendo Avenue, and add median
islands on Union Avenue from Grand Avenue to I' Street.
In October 2003, the construction contract was awarded to Lafarge North America (Resolution No. 9967) in the
amount of $568, 014.40 plus contingencies of $85,202.16 totaling $653,216.56 and leaving $96,783.44 remaining in
the project budget.
The City intends to use the remaining funds for additional improvements in the project area such as landscaping,
installation of accessible pedestrian signals, illuminated street names signs at signalized intersection, expose and
display trolley tracks for historic preservation and the undergrounding of existing overhead power in the project
area.
Approval of the resolution will increase the amount of the contract with Lafarge North America to $45,959.97, and
will allow the City to enter into a utility agreement that allocates and authorize $50,803.47 to be paid to Aquila, Inc.
for the undergounding of existing overhead powerlines.
FINANCIAL IMPACT
The total budget for the project is $750,000, of which 82.79% ($608,750) is Federal participating funds, with
17.21% ($126,544) local agency match plus $14,706 for non - participating costs as approved in Resolution 9814 and
set forth in Resolution 7012. There are no additional financial obligations to the City with the approval of this
resolution.
All expenditures for this contract will be charged to project number CP0318.
COLORADO DEPARTMENT OF TRANSPORTATION
Project # STM M086 -040
STANDARD OFF - SYSTEM UTILITY AGREEMENT SA 14396
(Modified for Limited Purpose Cost Sharing - Special Circumstances) Location Pueblo, CO
THIS AGREEMENT, made this 22nd day of March, 2003, is by and between the City of Pueblo, Colorado, hereinafter
referred to as the City or Local Agency, and Aquila Inc., a Delaware Corporation hereinafter referred to as the Owner
or Company.
JA: 14ZIt:13
1. The Off - System construction project authorized by Title 23 U.S.C. that necessitates this agreement is being
administered by the Colorado Department of Transportation, hereinafter referred to as the State; and
2. The Local Agency has deemed it necessary to make certain highway improvements on the Local Agency's
Highway System, generally located as follows:
City of Pueblo: Main Street, Church Place to Yz block south of Abriendo; 100 Block Church Place; 600 Block S Union
Avenue.
3. This proposed highway improvement will necessitate the relocation, adjustment or installation of certain facilities of
Owner, as follows: placement of existing overhead power lines underground and placement of electrical street light
feeds underground
which work is shown in more detail in the plans submitted by the owner shown in Exhibit B, which are
prepared in form and manner required by Part 645, Subpart A of Title 23, Code of Federal Regulations (23 CFR 645A),
and amendments thereto incorporated herein and made a part hereof by reference; and
4. Company is successor to the franchisee under that certain franchise granted by the approval by the registered
electors of the City on August 13, 1985 of Ordinance No. 5222 of the City of Pueblo (hereinafter referred to as the
"Franchise "); and
5. Company is authorized by the terms of the Franchise to place its electric facilities within or upon the City s streets
and rights of way in accordance with the provisions, requirements and limitations of the Franchise; and
6. Section 7 of the Franchise provides in relevant part that,
If at any time the City requests the Company to relocate any facility in order to permit the City
to make any public use of rights -of -way, easements or streets, to construct any public improvement,
or to build any public project, such relocation shall be made by the Company at its expense
and;
7. It is necessary for the Parties hereto to comply with the applicable terms and provision of 23 CFR 645A, along with
supplements and amendments thereto which are incorporated herein by reference hereto, in order to obtain federal
participation in certain eligible costs of relocation or adjustment involved herein and;
8. The City is undertaking a public and municipal project known as Project No. 03 -090, Library Street Improvements,
STM -M086 -040 (the "Project") which requires the relocation of Company's lines and facilities in the vicinity of South
Main Street and Abriendo Avenue within Pueblo, Colorado to alternate, underground locations (the "Relocation "); and
9. The City contends that the costs of the Relocation to Company are not compensable under state law; and
10. The Company contends that that portion of the costs of the Relocation involved in placing its lines below ground is
compensable under state law; and
11. The parties desire to enter into a compromise, which resolves their disagreements concerning the costs of the
Relocation, which compromise is not intended to have any precedential effect whatsoever.
NOW, THEREFORE, it is hereby agreed that:
In consideration of the foregoing recitals, the payment to be made by City to Company as provided hereinafter, the
mutual terms and conditions set forth herein, and other good and valuable consideration, the parties agree as follows:
1. Company shall, at Company's expense, except as provided herein, relocate all of its electrical lines and facilities
designated by City for relocation in connection with the Project, including all changes and modifications to the Project
that have been made or will in the future be made by City. Specifically, as part of the Relocation, Company shall
furnish and install all of the following Project components or related relocations (the "work "):
(a) Relocation to an underground location specified by City's Director of Public Works of existing street
light electrical feeds on and along Union Avenue from the north side of Abriendo to the north side of Church
Place (600 block of Union Avenue).
(b) Relocation to a four to eight foot depth underground location specified by City's Director of Public
Works of Company's existing power lines and related electrical facilities from a route beginning at the alley on
Broadway across Abriendo down to the intersection of Church Place and South Main Street, as shown in
yellow on Company's drawing No. WR 156860, a copy of which is attached hereto and incorporated herein by
reference. The undergrounding of these powerlines under this subparagraph (b) may be referred to in this
Agreement as the "Deep Relocation Lines."
2. The City will pay to Company the sum of $50,803.47 for the Relocation, 90% of which shall be payable within 30
days after completion by Company of all the work generally referred to in paragraph 1 of this Agreement, with the
remainder payable after date of final settlement of Project in accordance with law. The payment amount set forth in this
paragraph shall not be modified based upon any increase or decrease in the estimated or actual costs incurred by
Company in undertaking the work, regardless of whether any such increase or decrease was foreseeable or
unforeseeable.
3. Nothing in this Agreement is intended, nor shall it be construed, to constitute any interpretation or modification
whatsoever of the Franchise, nor any waiver or release of any term, condition or right set forth in the Franchise. This
Agreement is not intended as a precedent for any similar situation in the future, and is made solely in compromise and
settlement of disputed facts and law with respect to the Project.
4. All work referred to in paragraph 1 of this Agreement shall be performed in a good and workmanlike manner and in
accordance with (a) the National Electrical Safety Code, 2002 Edition published by the IEEE, and (b) the City of
Pueblo's "Standard Construction Specifications and Standard Details, Revised February 26, 2001," a copy of which is
available from the City's Public Works Department, 211 E. "D" Street, Pueblo, Colorado, 81003. Company shall
remove all above ground power poles and lines associated with the relocated lines and facilities and otherwise restore
the surface of excavated and disturbed areas to its preexisting condition.
5. In the event the Deep Relocation Lines relocated under this Agreement are required by the City to be again
relocated at any time during the next twenty (20) years, the cost of such relocation shall be bome by City and not by
Company.
6. Upon execution of this Agreement by both parties hereto, the City will, by written notice, authorize the Company to
proceed with the necessary relocation and installation and the Company agrees to prosecute such work diligently to
completion in such manner as will not result in avoidable interference or delay to either the City s highway construction
or to the said work. Company agrees to complete the relocation work within 30 days after notice to proceed is
received, or that work is coordinated with the highway construction. Except as provided in paragraphs 5 and 8 of this
Agreement, this contract will terminate on the date the final payment is made to Company.
7. The Company will carry out said relocation and installation and accurately record the costs relative thereto in
accordance with applicable rules, regulations and procedures, and all other provisions of 23 CFR 645A and the costs
paid by the City pursuant to this Agreement shall be full compensation to Company for all eligible costs incurred by
Company in making such relocation and installation. Company expressly waives all claims and demands for any
payment, fee, or expense in excess of the amount payable under paragraph 2 of this Agreement.
8. All records pertaining to said relocation and installation will be retained for a period of not less than three years after
final payment.
9. This Agreement constitutes the entire agreement of the parties relating to the Project. All prior or contemporaneous
agreements, either written or oral, among the parties or their agents or representatives relating to the subject thereof
are merged into this Agreement. This Agreement may be altered, amended or revoked only by an instrument in writing
signed by the parties.
10. This Agreement shall be governed by and construed according to the law of the State of Colorado.
11. The persons signing this Agreement on behalf of the parties each represent that they have the requisite authority
to execute this Agreement on behalf of and bind their respective party to the terms of this Agreement.
12. CDOT Form #70, the Owner's Cost Estimate (Exhibit A), and the Owner's Plans (Exhibit B) are Attached hereto
and are hereby made part of this contract; provided, however, that such cost estimate is not intended, nor shall it be
construed, to limit or modify in any manner the specific cost- sharing provisions set forth in paragraphs 2 and 7 of this
Agreement.
Local Agency
BV s
(SignatuTmanq Thurston
Randy Thurston
Print or Type Name
Print or Type Name
Title City Council President
Title
CITY OF PUEBLO
UTILITY AGREEMENT APPENDIX
Utility project #:
Utility Project code (SA):
Construction project #:
N/A
N/A
03 -090(CP0318) STM M086 -040
Location:
Amount:
Main Street: Church Place to Abriendo Avenue; 100 block Church Place; 600 block S. Union Avenue
$50,803.47
Utility name (owner):
Aquila
This agreement provides for reimbursement of the following costs:
" ❑ Preliminary engineering by: ❑ Owner ❑ Consultant
® Construction/Traffic by: ® Owner ❑ Subcontractor
❑ Construction engineering /inspection by: ❑ Owner ❑ Consultant
Existing utilities in conflict with roadway construction are:
® on existing public right of way ❑ on right of way the City will acquire or has since acquired
Adjusted and /or relocated utilities will be located:
® within existing public right of way ❑ within an easement acquired for the owner
Proof of real property interest or eligibility for reimbursement is:
❑ Record title: County: Book: Page:
❑ Affidavit (attached) Form #:
® Local Resolution #:10082 Date: March 22, 2004
❑ Easement (copy attached)
❑ Government Subdivision (C.R.S. Sec.43 -1 -225)
- Ditch Company: Article XVI, Section 7, of the Colorado Constitution Remove if NA
A consultant was retained through:
❑ competitive negotiation (attach certification of consultant).
❑ existing ongoing written contract (attach certification of consultant).
A construction subcontractor was or will be selected through:
❑ competitive bidding ❑ existing ongoing written contract
List any low -cost incidental work (e.g., tree trimming, x -ray weld inspection, etc.) to be reimbursed under this contract which will be awarded without
competitive bidding:
If the City and the Owner are each responsible for a share of the total relocation costs, the estimate and subsequent billings will be based on:
® Actual costs attributable to the City $50,803.47
❑ Total work adjusted to the City's pro-rata share document method of apportionment in estimate).
The work will involve:
❑ Replacement of a building, pumping station, substation, or any other similar unit (include credit for
expired service life in estimate).
® Betterment of a facility, other than one required by current industry codes or standards (include credit
for betterment in estimate).
❑ Recovery of materials for later reuse by Owner (include credit in estimate for salvage exceeding $5,000
at current stock prices).
Where will the records of this Work be maintained and where shall the
Who will be the field liaison representative on this adjustment?
executed agreement documents be sent?
Name:
Attention: Mike Beyer, Public Works
Joe Pullaro
Address:
Phone #:
211 East "D" Street
719-553 -2284
Address: (® same as at left), (Street, city, state, & zip code)
Pueblo, Colorado 81003
Phone #:
719 -553 -2276
l signatu d title City ¢lo, Di r of Public Works
S + �f`
AIZ
GUOT Form #70a 5/01
Appendix A
Cost Estimate
I Aquila
1 W F;
DATE: MARCH 11, 2004
W.R. # 166954
105 S Vlctorla
Pueblo, CO 81003
NAME:
CITY OF PUEBLO
C/O PEPPER WHITTLEF
350 SOUTH GRAND AVE
PUEBLO, CO 81003
Purpose:
PROVIDE ELECTRIC SERVICE TO MAIN ST & ABRIENDO AVE
i+caUiiyuvu vi OVIVLUc rivvtucu:
CONVERT OVERHEAD THREE
JOB COST: $ 96,009.98
CUSTOMER ALLOWANCE: $ 63,009.98
COST TO CUSTOMER: $ 30,000.00
ELECTRIC CIRCUIT
SERVICE COST: $
CUSTOMER ALLOWANCE: $
COST TO CUSTOMER: $
*Additional charges may be made to customer due to blasting, rock, road maintenance, etc.
Company is not responsible for repairs of landscaping or driveways.
*Construction will not begin until payment is received*
*Price is firm for 60 days from date of invoice *
Please Remit Payment Directly
to new Business Office:
INVOICE
Aquila
105 S. Victoria Ave
Pueblo, CO 81003
Attn: New Business
Please Direct Inquiries to LANCE PETERS 719 546 -6419
Aquila
W.F.-F
DATE: MARCH 11, 2004
W.R. # 171310
P urpose:.
105 S. Victoria
Pueblo, CO 81003
NAME:
PEPPER WHITLEF
350 SOUTH GRAND AVE
PUEBLO, CO 81003
'ROVIDE ELECTRIC SERVICE TO UNION AVE & CHURCH
)escription of Service Provided:
ELECTRIC STREET LIGHT CIRCUIT TO
JOB COST: $ 20,803.47 SERVICE COST: $
CUSTOMER ALLOWANCE:$ CUSTOMER ALLOWANCE: $
COST TO,CU STOMER: $ 20,803.47 COST TO CUSTOMER: $
*Additional charges may be made to customer due to blasting, rock, road maintenance, etc.
Company is not responsible for repairs of landscaping or driveways.
*Construction will not begin until payment is received*
*Price is f rm for 60 days from date of invoice*
Please Remit Payment Directly
to new Business Office:
INVOICE
Aquila
105 S. Victoria Ave
Pueblo, CO 81003
Attn: New Business
Please Direct Inquiries to LANCE PETERS 719 546 -6419