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Home My WebLink AboutOrdinance 6275OF FpyCr 4RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6275 File Number: 2019-0927 AMERICAN ELECTRIC POWER BOND PROJECT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR PAYMENTS TO OR CONTRACTS WITH AEP/SWEPCO AND OZARKS ELECTRIC COOPERATIVE CORPORATION FOR THE COSTS OF RELOCATING ELECTRIC UTILITY POLES AND POWER LINES NECESSITATED BY TRANSPORTATION, ENGINEERING, OR UTILITY PROJECTS WITHIN AEP/SWEPCO'S OR OZARKS ELECTRIC'S AREA OF SERVICE, TO APPROVE A PAYMENT IN THE AMOUNT $33,577.00 FOR UTILITY RELOCATIONS ASSOCIATED WITH THE BOXWOOD ADDITION DRAINAGE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on September 20, 2011, the City Council approved Ordinance 5439 waiving competitive bidding for the relocation of electrical poles and power lines associated with "road reconstruction or widening projects;" and WHEREAS, other types of projects, including engineering and utilities projects, often require the relocation of electrical utilities; and WHEREAS, it is not feasible or practical to competitively bid electrical utility pole and power line movement costs necessitated by transportation, engineering or utility projects because AEP/SWEPCO and Ozarks Electric Cooperative Corporation have exclusive jurisdiction to construct and maintain such electric facilities within their service areas as designated by the Arkansas Public Service Commission; and WHEREAS, on December 3, 2019 the City Council passed Resolution No. 277-19 approving a contract with Tri-Star Contractors, LLC for the construction of the Boxwood Addition Drainage Improvement Project; and Page 1 Printed on 119120 File Number.' 2019-0927 Ordinance 6275 WHEREAS, during a review of construction plans, AEP/SWEPCO identified portions of their electrical system outside of the City's right of way that will need to be relocated in order to construct this project. 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 the relocation of electric utility poles or power lines and, therefore, waives any formal requirements of competitive bidding now and in the future for all such project costs necessitated by transportation, engineering, or utility projects for payments or contracts with AEP/SWEPCO and Ozarks Electric Cooperative Corporation within Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a utility relocation agreement, a copy of which is attached to this Ordinance, with AEP/SWEPCO in the amount of $33,577.70 for utility relocations related to the Boxwood Addition Drainage Project and authorizes Mayor Jordan to sign the agreement. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. PASSED and APPROVED on 1/7/2020 Attest: RK T � �.�� .•' GI T Y •.;`�'� Kara Paxton, City Clerk Treasugy- Fq yt7- Vt C( : �` • N : E. 'y��gNSPS •�: ,V; �Oiii�i 00 Page 2 Printed on 119120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0927 Agenda Date: 1/7/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 AMERICAN ELECTRIC POWER BOND PROJECT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR PAYMENTS TO OR CONTRACTS WITH AEP/SWEPCO AND OZARKS ELECTRIC COOPERATIVE CORPORATION FOR THE COSTS OF RELOCATING ELECTRIC UTILITY POLES AND POWER LINES NECESSITATED BY TRANSPORTATION, ENGINEERING, OR UTILITY PROJECTS WITHIN AEP/SWEPCO'S OR OZARKS ELECTRIC'S AREA OF SERVICE, TO APPROVE A PAYMENT IN THE AMOUNT $33,577.00 FOR UTILITY RELOCATIONS ASSOCIATED WITH THE BOXWOOD ADDITION DRAINAGE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on September 20, 2011, the City Council approved Ordinance 5439 waiving competitive bidding for the relocation of electrical poles and power lines associated with "road reconstruction or widening projects;" and WHEREAS, other types of projects, including engineering and utilities projects, often require the relocation of electrical utilities; and WHEREAS, it is not feasible or practical to competitively bid electrical utility pole and power line movement costs necessitated by transportation, engineering or utility projects because AEP/SWEPCO and Ozarks Electric Cooperative Corporation have exclusive jurisdiction to construct and maintain such electric facilities within their service areas as designated by the Arkansas Public Service Commission; and WHEREAS, on December 3, 2019 the City Council passed Resolution No. 277-19 approving a contract with Tri-Star Contractors, LLC for the construction of the Boxwood Addition Drainage Improvement Project; and WHEREAS, during a review of construction plans, AEP/SWEPCO identified portions of their electrical system outside of the City's right of way that will need to be relocated in order to construct this project. 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 the relocation of electric utility poles or power lines and, therefore, City of Fayetteville, Arkansas Page 1 Printed on 11812020 File Number.' 2019-0927 waives any formal requirements of competitive bidding now and in the future for all such project costs necessitated by transportation, engineering, or utility projects for payments or contracts with AEP/SWEPCO and Ozarks Electric Cooperative Corporation within Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a utility relocation agreement, a copy of which is attached to this Ordinance, with AEP/SWEPCO in the amount of $33,577.70 for utility relocations related to the Boxwood Addition Drainage Project and authorizes Mayor Jordan to sign the agreement. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. City of Fayetteville, Arkansas Paye 2 Printed on 11812020 City of Fayetteville Staff Review Form 2019-0927 Legistar File ID 1/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Casey 12/17/2019 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of an agreement with American Electric Power in the amount of $33,577.70 for utility relocations associated with the Boxwood Addition Drainage Project and approval of a budget adjustment. V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Budget Impact: 4604.860.7421-5817.00 4604 - Drainage Bond Projects Account Number Fund 46040.7421 Drainage Bond Projects, N Boxwood Drive Project Number Project Title Budgeted Item? Yes Current Budget $ 8,059,218.00 Funds Obligated $ 1,029,124.25 Current Balance $ 7,030,093.75 Does item have a cost? Yes Item Cost $ 33,577.70 Budget Adjustment Attached? Yes Budget Adjustment $ - Remaining Budget $ 6,996,516.05 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF I'AYETTEVILL'E ARKANSAS MEETING OF JANUARY 7, 2020 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, P.E., City Engineer FROM: Matt Casey, P.E., Engineering Design Manager DATE: December 13, 2019 CITY COUNCIL MEMO SUBJECT: AEP Agreement (Boxwood Addition Drainage Project) RECOMMENDATION: Staff recommends approval of an agreement with American Electric Power in the amount of $33,577.70 for utility relocations associated with the Boxwood Addition Drainage Project and approval of a budget adjustment. BACKGROUND: City Council passed Resolution No. 277-19 on December 3, 2019, approving a construction contract with Tri-Star Contractors, LLC for the construction of the Boxwood Addition Drainage Improvement Project. The project includes installation of approximately 1,050 linear feet of 4'x3' box culvert to 36" storm sewer pipe from Niokaska Creek, along E. Magnolia Drive and N. Ashbrook Drive. This project replaces existing storm sewer pipes that are deteriorating and are much too small to handle the amount of water that drains through this subdivision during larger rain events. Construction is scheduled to begin on this project in early January of 2020. DISCUSSION: During the review of our construction plans, AEP identified portions of their electrical system outside of the city right of way that will need to be relocated in order to construct this project. AEP has provided a proposal for this relocation. BUDGET/STAFF IMPACT: The drainage improvements are funded by the 2019 Drainage Bond Program Attachments: AEP Agreement AEP Cost Estimate Mailing Address: 113 W. Mountain Street ' www.fayetteville-ar.gov Fayetteville, AR 72701 SOUTHWESTERN ELECTRIC POWER COMPANY - An REP Company BOUNDLESS ENERGY December 16, 2019 To Matt Casey, Enclosed please find the SWEPCO "Pro -Forma" quote for the work on E. Magnolia Drive in Fayetteville, AR. This quote is to replace and lower existing underground conductors that are in conflict with the new drainage pipe to be installed in the area. Please contact me with any additional questions. Engineering Technician Quote accepted: City of Fa tteville, rka as By• L Lioneld for yor Date: _ Attest: Bill To: City of Fayetteville Company :No: Contract :No: Customer No: Date: Amount Due: Amount Remitted: American Electric Power Attn: Sandi Le vasseur 101 W. 'Township St. Fayetteville, AR '72703 159 DWMS00000481332 12/13/201'9 3'3,.577.70 PLEASE �DETA+CH .AND RETURN WITH PAYMENT - - - - - - - - - - - - - - - = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------- Contract --------------------------------------------------- Contract No: DWMS00000481332 Date: 12/13/2019 Description Contribution in aid of construction to replace and lower primary and secondary conductor to make sway for drainage pipe at Magnolia and Ashbrook in Fayetteville. M a "�1 I Page: 1. Customer No: Purchase Order: '75321039 Quantity UOM Init Amt Net Amount. 1.0 EA 33,577.70 33, 577.70 ,Amount Due: 33,577.70 BOXWOO[:> AE>E>ITION MRAINAGE IMPROVEMENTS for the City of Fayettevi 11 e Bid No. 19-43 September 2019 7� t / • . FWIof ) _ r Whrihfy 7 � 9� t s PROJECT LOCATION .. • 1 „ C-tn Platt 4 < ' � / y4}1 t � y � ' a .) - .. � Q� • 1 - 1 - t hGrxeth of a l 1 � I, �+ Em PKas:o 1.. , z Frri , 1 t • ' I ,. , E� ' r r � t I' i 1•• a f ., 2't r�,lfl r.l s �n �t <- t F— Fr.<-w.� gg t •••ins+ ryw+fs o < ,� e k VICINITY MAP , ✓= CITY OF FAYETTEVILLE . ARKANSAS www.fayefteville-ar.gov ENGINEERING DIVISION PHONE: (479) 575-8206 FAX NO: (479) 575-8202 113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 BUDGET &INFORMATION MGMT (133) 2020 (BY) Requestor: Kevin Springer BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of an agreement with American Electric Power in the amount of $33,577.70 for utility relocations associated with the Boxwood Addition Drainage Project and approval of a budget adjustment. COUNCIL DATE: LEGISTAR FILE ID#: 1/7/2020 2019-0927 Matthew Ma ldo%, 12/17/2019 8:26 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE GLDATE: CHKD/POSTED: 1/7/2020 TOTAL Account Number - _ Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20191211 Account Name 4604.860.7421-5817.00 33,578 - 46040 7421 EX Improvements - Bridge & Drainage 4604.860.7999-5899.00 (33,578) - 46040 7999 EX Unallocated - Budget H:\Budget Adjustments\2020_Budget\City Council\01-07-2020\BA20 - 2019-0927 Boxwood Drainage Project 1 of 1 RECEIVED NORTHWEST ARKANSAS FED 0 4 2020 Democrat*Oaxefte CITY OF FAYETTEVILL CITY CLERKS OFFICE AFFIDAVIT OF PUBLICATION I, Cathy Staggs, do solemnly swear that I am the Accounting Manager for the Northwest Arkansas Democrat- Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEV ILLE Ord 6275 Was inserted in the Regular Edition on: January 16, 2020 Publication Charges $ 175.50 Cat y a gs Subscribed and sworn to before me ThistPft, day of -a,_ 12020. �—_/L G�")13< otalPublic My Commission Expires: ;_«.zs- **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance: 6275 File Number: 2019-0927 AMERICAN ELECTRIC POWER BOND PROJECT: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR PAYMENTS TO OR CONTRACTS WITH AEP/SWEPCO AND OZARKS ELECTRIC COOPERATIVE CORPORATION FOR THE COSTS OF RELOCATING ELECTRIC UTILITY POLES AND POWER LINES NECESSITATED BY TRANSPORTATION, ENGINEERING, OR UTILITY PROJECTS WITHIN AEP/SWEPCO'S OR OZARKS ELECTRIC'S AREA OF SERVICE, TO APPROVE A PAYMENT IN THE AMOUNT $33,577.00 FOR UTILITY RELOCATIONS ASSOCIATED WITH THE BOXWOOD ADDITION DRAINAGE PROJECT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on September 20, 2011, the City Council approved Ordinance 5439 waiving competitive bidding for the relocation of electrical poles and power lines associated with "road reconstruction or widening projects," and WHEREAS, other types of projects, including engineering and utilities projects, often require the relocation of electrical utilities; and WHEREAS, it is not feasible or practical to competitively bid electrical utility pole and power line movement costs necessitated by transportation, engineering or utility projects because AEP/SWEPCO and Ozarks Electric Cooperative Corporation have exclusive jurisdiction to construct and maintain such electric facilities within their service areas as designated by the Arkansas Public Service Commission:_ and WHEREAS, on December 3, 2019 the City Council passed Resolution No. 277-19 approving a contract with Tri-Star Contractors. LLC for the construction of the Boxwood Addition Drainage Improvement Project. and WHEREAS, during a review of construction plans, AEP/SWEPCO identified portions of their electrical system outside of the City's right of way that will need to be relocated in order to construct this project. 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 the relocation of electric utility poles or power lines and, therefore, waives any formal requirements of competitive bidding now and in the future for all such project costs necessitated by transportation, engineering, or utility projects for payments or contracts with AEP/SWEPCO and Ozarks Electric Cooperative Corporation within Fayetteville. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a utility relocation agreement, a copy of which is attached to this Ordinance, with AEP/SWEPCO in the amount of $33,577.70 for utility relocations related to the Boxwood Addition Drainage Project and authorizes Mayor Jordan to sign the agreement. Section 3: That the Citv Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Ordinance. PASSED and APPROVED on 1/7/2020 Approved: Lioneld .Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75208111 Jan l6,2020