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HomeMy WebLinkAbout2004-02-10 - Agendas - Final i} > t .FLS WATER AND SEWER COMMITTEE AGENDA Meeting Date of February 10, 2004 COMMITTEE: Chairman Kyle Cook, Alderman Lioneld Jordan, Alderman Shirley Lucas, Alderman Robert Reynolds COPY TO: Mayor Dan Coody, Sondra ,Smith,, Tim Conklin, Hugh Earnest, David Jurgens, Billy Ammon FROM: Greg Boettcher (2/4/04) ylJ MEETING DATE: February 10, 2004 (immediately following City Council Agenda Session) LOCATION: City Hall, Room 326 A meeting of the Fayetteville Water and Sewer Committee is planned for February 10, 2004 at approximately 5: 30 pm, Room 326, Fayetteville City Hall (immediately following the Agenda session). The topics proposed for discussion at the committee meeting include: 1) Water and Wastewater Operations Building: ➢ At 2:00 pm on February 10, 2004 in city hall; a bid opening for the new operations center has been scheduled. To expedite project implementation, the award .of the construction contract has been placed on the February 17, 2004 city council meeting, with bid tabulations/contract award recommendations and other materials to be furnished to City Council Members by Friday February 13, 2004. The bid opening results and anticipated award actions will be discussed by the committee. 2) Water. Service Territory Amendment.Request: ➢ Engineering Services, Inc. has submitted a request on behalf of its client (Mr. Tom Terminella) for the modification of the water service territory boundary. The request relates to approximately 120 acres of land that lies outside Fayetteville city limits but within the Fayetteville water service territory, in the northeastern portion of the city. The developer requests a.water service boundary change. Fayetteville's existing water and wastewater infrastructure is neither adequate nor in close proximity to the proposed development tract. Due to the logical connectivity of this tract to northerly development activities in Springdale and the reported adequacy of the Springdale water/wastewater facilities to service the 120 acre tract; it is reasonable to modify the water service boundary to permit Springdale to provide water service to said 120 acre tract. This is brought forth for discussion and evaluation by the committee. 3) Sprinawoods Subdivision Interceptor Sewer Realignment Agreement ➢ The developer of the Springwoods Subdivision (Mr. Collins Haynes) has requested that the interceptor sewer main crossing his property be realigned to follow the north and west boundary lines. The purchase agreement provided for this interceptor sewer line to traverse the property using a linear projection of Truckers Drive right-of-way. This original alignment is not compatible with the proposed development plan for this property, necessitating a request by the developer that the interceptor route be shifted. Costs attributable to this change have been predicted and form the basis for the agreement. The City Attorney has reviewed and approved the agreement, with the draft being forwarded to the developer for approval and execution. Upon receipt of the executed agreement the city council must then approve the agreement and authorize the Mayor to sign the agreement, the engineering agreement amendments with RJN/ECO and other actions necessary to effect the realignment of the interceptor sewer main. 4) Beaver Water District Rebate for 2003• ➢ Beaver Water District is required to annually reconcile its operations, refunding each member a proportionate share of its operating gains. For calendar year 2003, the municipal .water enterprise has received a rebate payment of $426,277.00. In recent years, these funds have been dedicated, to water system capital improvement projects (accelerated water main replacement program in 2002). The current 5-year capital improvement program has identified more than $38,000,000.00 in unfunded capital improvement needs for the water supply system. All funds not needed to meet minimum operating reserve requirements should be reinvested in the infrastructure system as there are abundant needs. This is a topic for discussion by the committee, including some insights into forthcoming capital project needs. 5) Self-Insurance Claims: ➢ Open discussion regarding the revision of the administrative limits for claims from $2,500.00 to $10,000.00. Also, discussion on use of private claims adjusters to handle the larger and more complex incidents that are paid from self-insurance resources. Currently, city staff members are required to investigate, evaluate and render determinations on customer damage claims that fall under self- insurance (sewer backups). This one-sided and time-consuming approach is not the best use of city personnel and often depicts the city as an adversary in trying to settle issues. For significant and/or complex claims, it is proposed that the availability of a private claims adjuster be investigated; said consultant to be retained on an as- needed, time and materials basis. 6) Sewer Collection System Model- ➢ Update on the status of the initial setup and calibration of the sewer collection model by RJN Group. A recent progress meeting has resolved remaining questions and established a delivery date for the completion of the first modeling and report findings. Engineering Services, Inca 1207S. 01 d. Missouri Rd. • P.O. Box 282 Springdale, Arkansas 72765-02 ' E V 4 D Phone: 479-751-8733 Fax: 479-751-8746 JAN 2 1 zu04 CITY OF FAb . VILLE January 20, 2004 �+Igyp's o�FICE 2 Mr. Greg Boettcher City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RE: Tom Terminella Proposed Property Fayetteville, Arkansas Dear Mr. Boettcher: Enclosed please find a map of the current water service boundary that.exists between Springdale and Fayetteville. I have designated on the map. the 120 acres that Mr. Terminella requests be serviced by the City of Springdale instead of the City of Fayetteville. There are no current City of Fayetteville Water lines on the property and the property will be able to be served from property to the North, which will be developed inside the Springdale City limits Please review this information and help us with the direction that we need to proceed. Please contact me if you have any questions, or if you need additional information. Sincerely, Brian Moore, P.E. Secretary/Treasurer fqo- coffi y` coy was ' Consulting Engineers and Surveyors FF 11 Jerry W.Martin,P.E. E. Walt LePevre,P.E. Philip C.Humbard,P.E.,P.L.S. Brian J.Moore,P.E. 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H 1 li... ��,\ \\ NOW, \��'\j �' YX:IS '�„�i S�,s,s%g�.�y s K„ir �t, ,•,,. .3 Na �t o ; \�\��R\.\\� _ '' r �� \\ \ l\l. �� ���,� +�.y.,yy/ SY���1!r,+hij��T�'�Ft �Y �•' `u%�� V „z�� tta '"�''.�}! A\��� �\ F.AYETTEVILLE FILE COPY THE CITY OF FAYETTEVILLE,ARKANSAS February 3, 2004 Mr. Joe Tarvin, P.E. EGIS Engineering, Inc. 314 South Main �► Bentonville, Arkansas 72712-5903 RE: Agreement for Interceptor Sewer Alignment Charge Springwoods Subdivision-Fayetteville Dear Mr. Tarvin: I received your letter of December 30, 2003 with Mr. Haynes' informal approval'to reimburse the City of Fayetteville for the additional costs of an alternative sanitary sewer alignment across the Springwoods Subdivision tract. In our discussions of the new alignment, it was indicated that the developer would assume responsibility for procurement of sanitary sewer easements across lands to the east of Springwoods Subdivision to allow a linear construction route from Highway 112. In the attached agreement such obligation is placed upon the developer, plus, any failure to secure the required right-of-way and abandonment of the realignment concept renders the developer responsible for Fayetteville's stranded and abandoned expenses. Should the required right-of-way be furnished, the developer is responsible for abandoned efforts on the original alignment plus increased project costs for the desired realignment. In any of these scenarios the developer's financial liability is capped at $150,000.00 with Fayetteville's recovery to be actual cost (if below the maximum). Considerable time has passed since we discussed these matters with no reports of progress being provided to Fayetteville. It is imperative that our engineering consultant be provided direction on this center portion of the interceptor sewer system, as the project has a strict schedule. To formalize our discussions and secure Fayetteville City Council approval of the project change, an agreement has been drafted for review and execution by Mr. Haynes. With this agreement, Fayetteville's design consultant can be directed to proceed, contract amendments authorized and the work may progress. The Fayetteville City Attorney has reviewed this contract agreement as to form and granted approval. A copy of this agreement is being forwarded directly to Mr.Haynes to expedite the reviews. Should there be any questions, please do not hesitate to call me at 479-575-8330. Very truly yon, City of Fayetteville Greg Boettcher, P.E. Water& Wastewater Director GB/pkh Attachment cc: Collins Haynes, Legacy Project, LLC. Hugh Earnest, Chief Administrative Officer Tim Conklin, Community Planning&Engineering Services.Director David Jurgens, Water& Sewer Maint. Superintendent Dawn Warrick, Zoning& Development Administrator Ed Connell, Land Agent Jerry Sonderegger, Burns& McDonnell 113 WEST MOUNTAIN 72701 479-521-7700 FAX 479-575-8257 INTERCEPTOR SEWER RE-ALIGNMENT-SPRINGWOODS SUBDIVISION Fayetteville, Arkansas THIS AGREEMENT, made and entered into the day of , 2004, by and between the CITY OF FAYETTEVII.LE, County of Washington, State of Arkansas (hereafter called FAYETTEVILLE),, and LEGACY PROJECT, LLC, an Arkansas limited liability company, and/or its assigns (hereafter called LEGACY) WITNESSETH THAT: WHEREAS, Fayetteville by an agreement executed on May 6, 2003 agreed to convey and deed property as described in Exhibit "A" hereof and generally located on the north side of Interstate 540, situated in the City of Fayetteville, Washington County, Arkansas, containing approximately 289 acres of land, more or less, being subject to specific stated terms and conditions; and WHEREAS, pursuant to the stated terms and conditions of said agreement; Item 16, the following provisions are made: "Reservation of Public Streets, Right-of-Ways, Utility Easements and Temporary Construction Easements. A new waste water treatment facility project is currently in the preliminary stages of design and construction for the City of Fayetteville. As part of that project many new wastewater collection systems will be installed around the city and a large gravity main is planned for the north side of Clabber Creek across this property from East to West. It is therefore understood that, as part of this conveyance, Legacy Project will convey to the City of Fayetteville, at no cost to the city and on forms to be provided by the City of Fayetteville or their designee, a permanent Water/Sewer Easement of 40 foot width parallel to and south of the planned extension of Truckers Drive and any alignment adjustments as mutually agreed and a Temporary Construction Easement of 150 foot width south of the permanent easement, along with the right of ingress and egress across the property to facilitate construction. The Temporary Construction Easement shall terminate upon completion of the initial construction of the sewer main. The City of Fayetteville agrees to maintain a periodic consultation with Legacy Project as to the desirable and necessary design location of this proposed sewer main sewer line. Existing public streets, rights-of-way and easements shall remain public and be available for public use"; and WHEREAS, Legacy has completed a development plan for the land that proposes an alternative reservation of public streets, right-of-ways, utility easements and temporary construction easements from that set forth in the aforementioned Section 16 of the May 6, 2003 agreement; and WHEREAS, Fayetteville finds the modification of the original alignment of the proposed interceptor sewer line to be in the best public interest; NOW TRRREFORE, Fayetteville and Legacy agree to the following modified terms and conditions for Section 16 of the May 6, 2003 agreement: 1. Legacy shall grant to Fayetteville a 50-foot wide permanent utility easement along the north and west property lines of the previously described 289 acre tract, the extent of said easement to be generally described as follows: Beginning at the northeast comer of the tract, 2,885 and running thence westerly along the north property line a distance of approximately 2,885 feet to a property comer, thence 1 continue southerly along the west property line to a distance of approximately 1816.06 feet to a property corner, said property corner representing the end of said 50 foot wide permanent utility strip along the perimeter of said 289 acre tract of land. In addition to a 50-foot wide permanent utility easement, Legacy shall grant to Fayetteville a 100-foot wide temporary construction easement, said 100- foot to be in addition to and parallel with the previously described 50-foot permanent easement inside said property. 2. Legacy shall secure easement grants to the City of Fayetteville a 50-foot wide permanent utility easement and a minimum 50-foot wide temporary construction easement between the northeast corner of the 289 acre tract of land and the east right-of-way line of Arkansas State Highway 112, said easement being generally described as follows: Beginning at the northeast corner of the 289 tract of land, and running thence easterly parallel with the north property line as distance of approximately 1,117 feet to the west right-of-way of Arkansas State Highway 112, said intersection of the property line with the right-of-way line marking the end of said easement. This easement will provide a continuous and linear alignment for the proposed interceptor sewer line from the west right-of-way line of Arkansas State Highway 112 to the northwest corner of the 289 acre tract. 3. Fayetteville, upon receipt of all necessary easement documents from Legacy for the above-described continuous utility corridor, shall release Legacy from the right-of-way street, utility easement and temporary construction easement requirements set forth in Section 16 of the May 6, 2003 agreement. It is to be clearly recognized, acknowledged and agreed that the easement acquisition required of Legacy involves voluntary negotiations with other private interests whose participation is not assured. Should Legacy, through no fault of its own, be unable to secure a continuous easement corridor, the original agreement terms, set forth in Section 16 will remain valid. 4. Legacy agrees and covenants to fully compensate Fayetteville for any and all increased project costs associated with the re-alignment of the proposed interceptor sewer line from the originally proposed routing. Increased costs may include, but not be limited to; increased excavation costs, added rock removal costs, engineering costs, abandoned design costs, increased manhole depths, additional environmental analysis, expanded historical/cultured resource survey work and other costs directly attributed to changing the alignment of the interceptor sewer line from its originally approved routing. Legacy's financial obligations under this provision will be based upon actual increased costs; however, in no case shall the total financial obligation to Fayetteville exceed one- 'hundred fifty thousand dollars ($150,000.00). The costs of right-of-way acquisitions by Legacy will be the sole cost of Legacy and are not a component of the $150,000.00 financial obligation. 5. Legacy agrees to complete the off-site right-of-way acquisition in a prompt and expedient manner, with the necessary right-of-way documents to be delivered to Fayetteville within sixty (60) calendar days from the date of this agreement. If at the end of the 60-day period, Legacy has not produced the continuous right-of- way corridor, and Fayetteville has not granted a formal, written extension of time for such task, the approval of the re-alignment by Fayetteville shall become null and void, with the provisions of Section 16 in the May 6, 2003 agreement 2 remaining in full force and effect. Furthermore, said default by Legacy shall obligate Legacy to fully reimburse Fayetteville for any and all costs incurred for the implementation of the new interceptor sewer line alignment, said stranded costs to have a ceiling of$150,000.00 as noted in the previous section. 6. Upon execution of this agreement by Legacy and Fayetteville, it is mutually understood and agreed that Fayetteville shall proceed immediately with the planning and design of the proposed interceptor sewer based upon the re- alignment. Actions that Fayetteville shall take, and for which Legacy may become accountable under default may include, engineering, surveys, test borings, plan development, drawing revisions, historical/cultural assessments and other project actions that are specific to the new alignment requested by Legacy. 7. Fayetteville shall maintain accurate records of authorizations, transactions and costs relating to the new alignment of the interceptor sewer line. As these costs are incurred, Fayetteville shall from time to time, but more frequently than once per month, submit requests for reimbursement to Legacy for costs incurred. Legacy agrees and covenants to review, process and remit payments to Fayetteville within 30 calendar days after receipt of statement. Failure to pay amounts to Fayetteville in said 30-day window shall grant Fayetteville the right to claim a late payment penalty of 6% of the principal amount of the statement for all time the statement remains unpaid. 8. A sketch of the original interceptor server line route and the proposed interceptor re-alignment is attached hereto and made a part of this agreement. Fayetteville and Legacy agree that this exhibit generally depicts the character and scope of this matter. 9. Any party of any other agreement in conflict with this agreement are repealed and amended as noted herein. All other provisions, not affected by this agreement remain in full force and effect. The failure of Legacy to furnish the required right- of-way corridor within the specified time frame shall render Legacy in default, and void the terms of this agreement excepting these rights of cost recovery from Legacy granted to Fayetteville. END OF AGREEMENT EXECUTED ON THIS DAY OF , 2004 BY LEGACY PROJECT, LLC. LEGACY PROJECT, LLC., an ARKANSAS limited liability company. By Attest: H. COLIN HAYNES Authorized Member EXECUTED THIS DAY OF , 2004 BY City OF FAYETTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, a municipal corporation. By: Attest: DAN COODY, Mayor SONDRA. SMJTH, City Clerk 3 4 FW Nwrbr:2003DOOS30bt 107 - WARRANTY d2-WARRANTY DEED MUN1GPAL CORPORATION BE IT KNOWN BY THESE PRESENTS: THAT the CITY OF FAYtf< OVILLC ARKANISAO, a nsuniclpai cor. poratlort, horoirlaftK called GRANTOR, for and in CQrledNirtl0fl of the erHTt to: w t or,iM m of Ono-hundred Dollar ($100.00) and other good and valembfe conadduation, nese Aat: eft. ass s N s v►shanaran ov atv' AM the receipt of which is limftod ftna" clr herebyaW ses erlt el*r* adgwl1c, dose Eby �• . tl d liability As,=1.2003--0063089 and convey unto Pr5)aet, 41C, an ,trlcarlrss corporation. hareinetter called GRANTEE, and unto Grantee's sumateors end saslpns. the following describetl land sttuslod in the County of Washington.State of Arkansas, to-Mt; PROPEM DESCRIPTION: A Part of Secson 33. Tow*W 17 North,Ramp 30 Woo.and blong more,partlaAarty described as tallows.b-we: tlsguvwbg N the Northwest oomar of said Section 33;thence along the Wast Nns of said Sedbn 33 Soulh Or 21'11^Walt 11111a6e fast Vmwm South a7.19.24^Fje 330.00 fest:thence South 02'2510°Want 2480.66 hat tt4ncz Sgtah er 21.1e"Eau 000.23 fast;taaaas South 02.25 45'Wast 329.99 rant:thanes South 117121'1f East 600.00 feat thence North or 2W S1'East 32916;theca Sabo Or :1'SW FAN 531.66 hat to 0»weslarly right of way tiro of U. S.Htgtwvsy 71:thanes Northerly along agd wsW W OO M of soy sites the foaowkV oawings and distances: North 34.22-ur East 922.ao fest North 36.27'S9'East 150.76 fall North 34'22'2S'East . 949.12 fee North 27'10'09'Eau 171.37 hat North Or 1s 05'East 170.41 tae Nonn 05'19'ur Woo 28D.77160 North 12.4523`West 100.11 hal. North 15.35 Sit'West 57.67 fast North 04.15 46`Eau 156.25 fed North 15.24'53"Eon 126.68 he . North 31.30 4e"East 190.36 fed North 50' 13 3B East 191.34 het Korth 56.57 26"East 127.62 Isat North 75.15'02"East 117.54 fast North 74.59'16'Eau 100.11 feat - North 26.01'OV East 74.14 feet thence lsadng said wsN right of way Ikea and running Nam 57'1r 25'Wag 1100.15 lost aw4e North Or 2517'East 1030.70 Lal to u»North One of Seaton 33:thence along the Nath ane of Section 33 Noah 87'1,r 56'Want 247.30 Last to the Nares qMW canter of Section 33: thence continuing along tate North Woof said Section 33 North 87-19r 24`Wag 2637.40 fast b the Pakd c6l b ofralI & contafw-g 259.27 saes.mon or law b**subject to rights of way and easements of Hoard., TO HAVE AND TO HOLD the said Lands and applxfstmwn Mwotatlo boW*klg urro ole *W Gm*o and Grantee's successors and assigns. forever. And to said Grantor, hereby covonanls that k Is Molly.embed of said tends and premises: that the terve is urlenournbered. and did the Grantor will 1movw wAwrww wd dsOard the tial to the sad lands against a0 legal ds&ns Wwtlalaver. i Foe Numbw:200300063061 2 of 2 F ti WMrwlty Dend City of Feysttsvilie•Log"PrO W. LLC Paps 2 of 2 WITNESS the axacwreo on hef on this. day of .��a�o�d.•�+- 2OD3 •'t c . CITY OF FAYCTf WANE, ARKANSAS, BY: ATY Dan Coady.(Mayo► eil.Liw_!• AM.f�� SoexNa Smuh.City Ciark (Sold) ACKNOWLEDGMENT STATE OF ARKANSAS ) as COUNTY OF WASHINGTON BE tT REMEIMWAED. OW on tt" dela. bekv ria undaratpnad. a duly cormobdonsd and arfinp N amy Pubic wiMh and for said County and Stab, pwaonNly appeared Can Goody and Sondes SwAb, to me well laeosar SO the V who axaeubd 00 forepdnp document, and who ataMd and aohnowNdpad VW they ars 00 Maya► OW Chy Clerk of the City of FsyatlsvMb, Adwnss@, a wwwtoipd oorponWas, and sea duly wj*wlaed in Sretr feapaetavo capecitiss Lo aecaaM the foregoing (n bument for wnd In the name and baltaM of saki n%rA tpal co porauon, and furls w stabd and ackncw sdpad not they had so signed, executed and dWvwW said matt nt for ft oonsiQastbn, uses and purposes therein msrdlonsd and set bilh. WITNESS my towed and suet on ails day of G _Ze V Ae/'.2003. viF�G.AL SEM. t. ttObey W Ww.l�'MfirJTON x07.77.7? i i, I i r ,'TUAKAR"i-xv P Wi ., -0 41- WNEW use Pet- x 1202.9 ROME,