HomeMy WebLinkAbout2006-11-02 - Agendas - Final r aye eV le WATER/SEWER COMMITTEE AGENDA
Meeting Date of November 2, 2006
COMMITTEE: Chairman Kyle Cook; Alderman: Lioneld Jordan, Bobby Ferrell, Robert
Reynolds
COPY TO: Mayor Dan Coody, Sondra Smith, Gary Dumas, Paul Becker, Susan
Thomas, Tim Conklin, Jeremy Pate, Ron Petrie, Shan on Jones, Tom
Hubbard, Peggy Bell, Allison Orcutt, Lynn Hyke
FROM: David Jurgens, Water and Wastewater Director
A meeting of the Fayetteville Water and Sewer Committee is planned fo ovember 2, 2006, at
5:30 PM, Room 326, Fayetteville City Hall. Proposed topics include:
1. Approval of the Minutes of the September 12 and 25 2006 Water/Sewer Committee Meetings.
2. WSIP U date.
Contract I Description Contractor Cost %Complete
WL-4 Gregg- Hamestring Gravity Lines Oscar Renda $10,441,319 16.50%
WL-5 Force mains Hamestring-West Plant Gamey Const $ 4,752,287 99.38%
WP-2 West Side WWTP Const Brasfield &Gorrie $59,994,710 23.46%
WL-1&3 Porter- Hamestring& Old Wire-Gregg Oscar Renda $ 7,014,948 40.10%
EP-2 Noland WWTP Renovation Archer Western $14,644,000 71.00%
WL-6 Hamestring Lift Station Brasfield &Gorrie $ 6,130,000 2.70%
WP-2b Wetlands Mitigation, WWTP Site Green Scaping $ 145,200 0.00%
WL-2 North—Poplar-Gregg Gravity Lines T-G Excavating $ 4,413,664 0.00%
Construction to begin in November, 2006.
2 Contract expected to go before the full City Council on 7 November 2006.
a. Subproject WL-2, Gravity Line from North Street to.Gregg Avenue. The bid, bid tab,
and contract documents are attached. The Engineer's Letter of Recommendation should be
completed this week. The job includes construction of building approximately 13,860' of mostly 24-
33° gravity sewer main, and 65 manholes along Skull Creek. We received four bids on October 17:
T-G Excavating, Inc. $ 4,413,664.50 (low bid)
Oscar Renda 4,575,522.00
S.J. Louis 5,374,000.00
S&J Construction $ 5,830,866.91
Engineer's Estimate $ 4,595,269.00
Staff requests this item be forwarded to the full City Council for approval.
b. Beaver Lake Watershed Nutrient Reduction Study. The City received two proposals
for the Beaver Lake Watershed Nutrient Reduction Study on 29 September. With concurrence
from Beaver Water District, we have more aggressively advertised the project and extended the
proposal deadline to November 2"d in an effort to increase the pool of firms from which we can
select. I have been contacted by several firms that did not submit, so I expect a much better
response.
c. Property Sale for Northern West Side WWTP. The required rezoning and property
line adjustments are currently underway. The contract amendment, based on the final agreed upon
terms of sale, is being developed. Further details will be presented at the meeting.
W&S committee 190ct06
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d. WSIP Administrative Assistant Position. We have hired and lost two excellent
employees in this position. One of the primary reasons is that this is a contract position that gives
no job security after the contract expires. Although contract positions are common in many
professions, it is rare in administrative positions. I request authorization to change this employee to
a normal full time employee, with the understanding that the position will go away after the WSIP
project is completed. The City would then give that employee priority for interviews for other
positions at similar grades.
e. WSIP Farmington Area Work. RJN West Side Contract Amendment is attached. This
amendment covers final design and construction inspection for WSIP subprojects WL-10 (13,300'
of 24" gravity transmission line), WL-11 (9,700' of 18" sewer force main from the lift station to the
West Side WWTP), and WL-12 (relocated lift station # 12) in Farmington.
3. Sanitary Sewer Rehabilitation Project Update.
a. Basins 1-5, 18 & 19 Sewer Rehab. T-G Excavating, $2, 266,606, including change
order number 1; 90.4% complete.
b. 2006 STAG Grant. The 2006 State Tribal and Assistance Grant for$477,900.00 for
sewer rehabilitation acceptance is complete. Signed documents were submitted to EPA Region 6
on 3 October.
c. Farmington Area. Final design is 95% complete; draft plans and the preliminary design
report are to be submitted to the City, Arkansas Natural Resources Commission, and the Arkansas
Department of Health and Human Services by 15 November. Construction is expected to bid in
February.
d. Insituform Term Contract Renewal. The contract amendment for the 2006 work is in
the City Council packet for the 7 October meeting.
e. Sanitary Sewer Rehabilitation Long Range Plan. The schedule for the next three
years sewer rehabilitation work is being developed, and will be presented to the Water/Sewer
Committee in the next two months.
4. 36"Water Transmission Line. The project consists of the installation of facilities to provide the
City the capability to detect and isolate major breaks in the 36 inch pipeline between Joyce Road
and Mission Boulevard. This construction includes the installation of concrete vaults, pressure
sustaining valves, electric actuators on existing 36 inch butterfly valves, a flow meter, and
associated electrical and instrumentation devices at five locations along the existing 36 and 42 inch
transmission mains from Beaver Water District. In an effort to reduce costs, some work is being
performed by in-house crews in preparation for and during the contractor's work periods. The City
received three bids on October 12.
Alpha Utilities, Inc. $ 1,185,000.00 (low bid)
Hunco Builders, Inc. $ 1,197,750.00
J L Bryson, Inc. $ 1,207,700.00
Engineer's Estimate $ 1,200,676.00
Black and Veatch, the Engineer, has thoroughly investigated Alpha Utilities and recommends they
be awarded the contract. They further recommend that we negotiate with Alpha regarding the per
foot cost of the pipe.
As previously discussed, there will be a budget adjustment coming forward with this contract. The
amount of the budget adjustment is estimated below. This is less than the $675,000 adjustment we
were expecting.
Alpha Utilities, Inc. Contract $ 1,185,000.00 (low bid)
4% Contingency $ 47,000.00
Water/Sewer Materials $ 47.677 02
Total Cost $ 1,279,677.02
Existing Budget $ 653A80.00
Approximate Budget Adjustment $ 626,197.02
W&S committee I90ctO6
i' Staff requests this item be forwarded to the full City Council for approval.
5. Water Transmission Surae Tank Painting. Project underway. When sandblasting the floor of
the tank, it appears a more structural repair such as welding steel plates etc., may be required,
rather than the painting that was bid. Staff is reviewing alternatives.
6. OMI 2007 Contract Amendment. The OMI contract amendment for 2007 is attached and can
be discussed in detail at the meeting.
7. Mt. Sequoyah Pressure Plane Water Storage Tank. This project involves increasing the
water storage capacity on the Mt. Sequoyah pressure plane, and needs to move forward. In July,
2005, a preliminary engineering report of alternatives was performed by McClelland Consulting
Engineers (text attached). The Arkansas Department of Health identified that our current water
storage of 250,000 gallons is approximately 25% of what is needed, and that "additional storage
needs to be constructed." As this tank will service some of the very highest areas of the City, there
are very few locations that will meet the elevation requirements to provide adequate pressure and
that will match the pressure provided by the existing tank on the top of Mt. Sequoyah. The
Preliminary Engineering Report identified possible locations and cost estimates for each, as shown
below. These estimates include a 30% Engineering and contingency cost, but need to be updated
based on current construction costs and did not include a $450,000 water lift station that has to be
installed no matter which alternative is selected.
Hyland Park Lot $ 1,572,870
Beside Existing Mt. Sequoyah Tank $ 3,416,045
South End of Crest Drive $ 3,011,530
Behind Hyland Park Tennis Cout $ 1,734,400
There is currently$978,548 in the budget. Several developments have contributed land, piping, and
easements to assist in this project. Staff proposes that the balance of the project be funded with
water impact fees.
8. Rom Orchard/Old Wire Road Development City Water and Sewer Connection. The
developer of this area is appealing to the City to tie to the Cuity's water and sewer systems, even
though he has secured approval to insall a decentralized sewer system. He is proposing significant
improvements to both systems at his expense. He would consider annexation. Further discussion
will occur at the meeting.
9. Scheduling the Next Water/Sewer Committee Meeting. Staff recommends the next W/S
Committee meeting be scheduled at 4:30 Thursday, November 30, 2006 in room 326.
Attachments: RJN WSIP West Side Contract Amendment
36"Water Line Packet
OMI Contract Amendment
Mt. Sequoyah Pressure Plane Water Storage Preliminary Engineering Report
Arkansas Department of Health Letter Concerning Mt. Sequoyah Pressure Plane
Water Storage
W&S committee 190ct06
® BLACK & VEATCH
building a world of difference=s
ENERG'! WATER INFORMATION GOVERNMENT
is
City of Fayetteville, Arkansas B&V Project 140760
36-inch and 42-inch Water Transmission B&V File B-1.1
Main :Modifications October 31 2006
City Contract 03018
Mr. David Jurgens
Director of Water and Wastewater
c:
1 l3 West Mountain Street
'-: Fayetteville. Arkansas 72701
i
Subject: Bid Results and Recommendation
Dear Mr. Jurgens:
Bids were received and opened on October 12, 2006 at the City of Fayetteville City Hall, for the
above mentioned project. The following is a list of the contractor lump sum bids.
Lump Sum Bid
Alpha Utilities, Inc. $1,185,000
Hunco Builders, Inc. $1,197,750
J.L. Bryson, Inc. $1,207,700
The low bid was submitted by Alpha Utilities, Inc. for$1,185.000. The Engineer's Opinion of
Probable Cost was $1,200.000. A Bid Tabulation is attached.
Alpha Utilities, Inc. provided information about their firm, their experience and proposed
project team.
Alpha Utilities, Inc. proposes the following project team:
• Jett Harris— President, 15 _years of management experience, 2 years of experience in this
role.
• Randall Johnson—Chief Estimator and Project Manager. 44 years of construction
experience. 2 ,years of experience in this role.
• Elden Pendergass—General Superintendent, 17 years of heavy construction management
experience, 2 years of experience in this role.
i
Black Jcatch Corporaven•8400 Ward Parkvag-PG.Box 8405.Kansas City,MU 54114 USA.•Telephone 9134582000 s
Page 2
Mr. David,lurgens B&V Project 140760
City of Fayetteville, Arkansas B&V File B-1.1
City Contract 03018 October 31. 2006
We have contacted four(4)references from the projected performed by Alpha Utilities. The
projects ranged in price from 240,000 to 850,000. We also have contacted three (3) reference for
the staff assigned to the project. The projects ranged in price from 424.000 to I million. The
owners interviewed were satisfied with the work that Alpha Utilities, Inc. and the staff assigned
had performed and commented that Alpha Utilities.Inc. maintained their schedule, were
professional and communicated well.
The financial standing and recent safety history has been thoroughly reviewed and Alpha
Utilities has addressed our concerns. Alpha Utilities has only been in business two years and
therefore has a Workman's Compensation Experience Modifier Factor of 1.0. Alpha Utilities
also has a OSHA citation for improper trench sloping. This was a non-injury citation and was
corrected immediately. The financial statement reflects management decision to purchase
equipment. This equipment is currently owned by Alpha Utilities and can be put up if cash is
needed by the fine. A financial statement and example safety program has been attached for
Alpha Utilities.
Alpha Utilities, Inc.has completed and submitted a"Bidder's Qualification Statement'. The
form has been included for your information and review.
We recommend that City Contract 03018 be awarded to Alpha Utilities, Inc. for$1,185,000. We
are recommending negotiating the price of the pipe listed for the change order. 7'
he price
appears to be high and the Alpha Utilities has agreed to negotiate the unit price of the pipe. We
would recommend doing this prior to the execution of the contract documents.
If you have any questions or comments regarding the above information, call me at (9 3)458-
331 or Katie Funderburk at (913)458-3147.
Very Truly Yours,
WBI. CKVEATCli CORPORATION
r
Jonn J. Pruss j
Project Manager
F„nclosures: 5 copies of the following
Bid Tabulation
Agreement
Bid Documents
Project Team hist
Financial Statement
cc: Shannon .tones, City of Fayetteville, Arkansas
File
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Section 00500
AGREEMENT
THIS AGREEMENT is by and between the City of Fayetteville (herein called City
of Fayetteville) and Alpha Utilities, Inc. (herein called Alpha Utilities).
City of Fayetteville and Alpha Utilities, in consideration of the mutual covenants
herein set forth, agree as follows:
ARTICLE 1 —WORK.
1.01 Alpha Utilities shall complete all Work as specified or indicated in the
Contract Documents based on the acceptance by City of Fayetteville of Alpha
Utilities's Bid.
The Work is generally described as follows:
The Work covered by this Contract will consist of the installation of facilities
to provide the City the capability to detect and isolate major breaks in the
36 inch pipeline between Joyce Road and Mission Boulevard. This
construction includes the installation of concrete vaults, pressure sustaining
valves, electric actuators on existing 36 inch butterfly valves, a flowmeter,
and associated electrical and instrumentation devices at five locations
;< along the existing 36 and 42 inch transmission mains from Beaver Water
District.
ARTICLE 2 — ENGINEER.
2.01. The Project has been designed by Black &Veatch Corporation, 8400 Ward
Parkway, mailing address P.O. Box 8405, Kansas City, Missouri 64114, who is
_ referred to in the Contract Documents as Black & Veatch. Black & Veatch, and
its duly authorized agents, are to act as City of Fayetteville's representatives,
assume all duties and responsibilities, and have the rights and authority assigned
to Black &Veatch in the Contract Documents in connection with completion of
the Work in accordance with the Contract Documents.
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ARTICLE 3 — CONTRACT TIMES, LIQUIDATED DAMAGES, DELAYS AND
DAMAGES, DELAY COMPENSATION.
3.01. Time of the Essence.
A. All time limits for Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the
essence of the Contract,
3.02. Contract Times.
A. The Contract Times shall be as indicated in the Alpha Utilities's Bid.
The Work shall be substantially completed within the number of days indicated in
the Alpha Utilities's Bid after the date when the Contract Times commence to run
as provided in Paragraph 2.03 of the General Conditions, and completed and
ready for final payment in accordance with Paragraph 14.07.13 of the General
Conditions within the number of days indicated in the Alpha Utilities's Bid after
the date when the Contract Times commence to run.
B. Alpha Utilities shall only be allowed to work on the transmission mains
from October I through May 1.
3.03. Liquidated Damages.
A. City of Fayetteville and Alpha Utilities recognize that time is of the
essence of this Agreement and that City of Fayetteville will suffer financial loss if
the Work is not completed within the times specified in Paragraph 3.02 above,
plus any extensions thereof allowed in accordance with Article 12 of the General
Conditions.. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by
City of Fayetteville if the Work is not completed on time. Accordingly, instead of
requiring any such proof, City of Fayetteville and Alpha Utilities agree that as
liquidated damages for delay (but not as a penalty) Alpha Utilities shall pay City
of Fayetteville $1,000.00 for each day that expires after the time specified in
Paragraph 3.02 for Substantial Completion until the Work is substantially
completed, After Substantial Completion, if Alpha Utilities shall neglect, refuse,
or fail to complete the remaining Work within the Contract Times or any proper
extension thereof granted by City of Fayetteville, Alpha Utilities shall pay City of
Fayetteville $500.00 for each day that expires after the time specified in
Paragraph 3.02 for completion and readiness for final payment until the Work is
completed and ready for final payment.
B. The liquidated damages set forth herein shall not be accumulative. If
Substantial Completion of the Work is not met within the time specified for final
completion of all Work, the liquidated damages shall continue to be at the rate or
rates specified for default on Substantial Completion until Substantial Completion
(FAYETTEVILLE, AR)
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is attained. If the Work is not then finally completed, the rate or rates specified
for default on final completion shall apply until final completion is attained.
C. City of Fayetteville shall have the right to deduct the liquidated
damages from any money in its hands, otherwise due, or to become due, to
Alpha Utilities, or to initiate applicable dispute resolution procedures and to
recover liquidated damages for nonperformance of this Contract within the time
stipulated.
3.04. Delays and Damages.
A. In the event Alpha Utilities is delayed in the prosecution and
completion of the Work because of any delays caused by City of Fayetteville or
Black & Veatch and, except as set forth in Paragraph 4.01 of the General
Conditions, Alpha Utilities shall have no claim against City of Fayetteville or Black
& Veatch for damages or contract adjustment other than an extension of the
Contract Times and the waiving of liquidated damages during the period
occasioned by the delay.
ARTICLE 4— CONTRACT PRICE.
4.01. City of Fayetteville shall pay Alpha Utilities in current funds, for completion
of the Work designated in Article 1 in accordance with the Contract Documents, a
Lump Sum amount of:
One Million One Hundred Eighty-Five Thousand Dollars and ($ 1,185,000 )
no cents.
(words) (figures)
as indicated in Alpha Utilities's Bid.
ARTICLE 5— PAYMENT PROCEDURES.
5.01. Submittal and Processing of Payments.
A. Alpha Utilities shall submit Applications for Payment in accordance
with Article 14 of the General Conditions. Applications for Payment will be
processed by Black &Veatch as provided in the General Conditions,
5.02. Progress Payments; Retainage.
A. City of Fayetteville shall make progress payments on account of the
Contract Price on the basis of Alpha Utilities's Applications for Payment as
recommended by Black & Veatch, on or about the 30th day of each month during
performance of the Work. All progress payments will be on the basis of the
progress of the Work measured by the schedule of values established in
Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work
(FAYETTEVILLE, AR) 00500
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based on the number of units completed) or, in the event there is no scheduleof
values, as provided in Division 1, General Requirements.
B. Prior to Substantial Completion, City of Fayetteville will retain from
progress payments, less the aggregate of payments previously made and less
such amounts as Black &Veatch shall determine or City of Fayetteville may
withhold in accordance with Paragraph 14.02.6.5 of the General Conditions, an
amount equal to the following percentages:
1. Until the Work is 50 percent completed, retainage will be 10
percent of Work completed.
2. If the Work is 50 percent completed as determined by Black &
Veatch, and if the character and progress of the Work are
satisfactory to City of Fayetteville and Black &Veatch, City of
Fayetteville, on recommendation of Black & Veatch, may determine
that as long as the character and progress of the Work remain
satisfactory to them, there will be no additional retainage on
account of Work subsequently completed.
C. Upon Substantial Completion, City of Fayetteville may release a
portion of the retainage to Alpha Utilities, retaining at all times an amount
sufficient to cover the cost of the Work remaining to be completed.
D. The reduction or termination of additional retainage will not be initiated
at any time if the Work is behind schedule; and, subsequent to reducing
retainage, the full retainage of payments authorized may be reinstated any time
the Work falls behind schedule.
E. Consent of the Surety shall be obtained before any retainage is paid by
City of Fayetteville. Consent of the Surety, signed by an agent, must be
accompanied by a certified copy of such agent's authority to act for the Surety.
5.03. Final Payment.
A. Upon completion and acceptance of the Work in accordance with
Paragraph 14.07.A of the General Conditions, City of Fayetteville shall pay the
remainder of the Contract Price as recommended by Black &Veatch as provided
in Paragraph 14.07.8.
ARTICLE 6— CONTRACTOR'S REPRESENTATIONS. S
6.01. In order to induce City of Fayetteville to enter into this Agreement: Alpha
Utilities makes the following representations:
(FAYETTEVILLE, AR) 00500 10/31/06
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A. Alpha Utilities has examined and carefully studied the Contract
Documents and the other related data identified in the Bidding Documents.
B. Alpha Utilities has visited the Sites and become familiar with and is
satisfied as to the general, local, and Site conditions that may affect cost,
progress, and performance of the Work.
C. Alpha Utilities is familiar with and is satisfied as to all Federal, state,
and local Laws and Regulations that may affect cost, progress, and performance
of the Work.
D. Alpha Utilities has studied all reports of explorations and tests of
E' subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)which have been identified
in the Supplementary Conditions as provided in Paragraph 4.02 of the General
Conditions and reports and drawings of a Hazardous Environmental Condition, if
any, at the Site which has been identified in the Supplementary Conditions as
provided in Paragraph 4.06 of the General Conditions.
E. Alpha Utilities has obtained and carefully studied (or assumes
responsibility for having done so) all additional or supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to
any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by Alpha Utilities, including application of the
specific means, methods, techniques, sequences, and procedures of
construction, if any, expressly required by the Contract Documents to be
employed by Alpha Utilities, and safety precautions and programs incident
thereto,
F. Alpha Utilities does not consider that any further examinations,
investigations, explorations, tests, studies, or data are necessary for the
performance of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
G. Alpha Utilities is aware of the general nature of work to be performed
by City of Fayetteville and others at the Site that relates to the Work as indicated
in the Contract Documents.
i
H. Alpha Utilities has correlated the information known to Alpha Utilities,
information and observations obtained from visits to the Site, reports and
drawings identified in the Contract Drawings, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
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f I
I. Alpha Utilities has given Black & Veatch written notice of all conflicts,
errors, ambiguities, or discrepancies that Alpha Utilities has discovered in the
Contract Documents, and the written resolution thereof by Black &Veatch is
acceptable to Alpha Utilities.
3
J. The Contract Documents are generally sufficient to indicate and convey I
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 7—CONTRACT DOCUMENTS. I
A. The Contract Documents which comprise the entire agreement
between City of Fayetteville and Alpha Utilities concerning the Work consist of I
the following:
1. This Agreement.
2. Performance and Payment Bonds,
3. General Conditions.
4. Supplementary Conditions.
5. Specifications.
6. List of Subcontractors.
7. Drawings consisting of 17 sheets, with each sheet bearing the
following general title:
36-inch and 42-inch Existing Transmission Main Pipeline
Modifications
Sheet titles are listed on the cover sheet.
8- Addenda 1 through 2.
9. Exhibits to this Agreement, enumerated as
follows:
i
a. Alpha Utilities's Bid. i
i
b. Notice to Proceed. ;
C. Documentation submitted by Alpha Utilities prior to Notice
(FAYETTEVILLE, AR) 00500 10/31/06
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of Award, marked Exhibit A.
10. Instrumentation Questionnaire.
11. City of Fayetteville's Forms as listed in the Table of Contents.
12. The following, which may be delivered or issued after the
Effective Date of the Agreement and are not attached hereto:
a. Written Amendments.
b. Work Change Directives.
c. Change Orders
B. There are no Contract Documents other than those listed in this
Article.
C. The Contract Documents may be amended, modified, or
supplemented only as provided in Paragraph 3.04 of the General Conditions.
ARTICLE 8—MISCELLANEOUS.
8.01. Terms.
A. Terms used in this Agreement will have the meanings indicated in the
General Conditions.
8.02. Assignment of Contract.
A. No assignment by a party hereto of any rights under or interests in the
Contract will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law); and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
8.03. Successors and Assigns.
A. City of Fayetteville and Alpha Utilities each binds itself, its partners,
successors, assigns, and legal representatives to the other party hereto, its
partners, successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
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8.04. Severability.
A. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon City of
Fayetteville and Alpha Utilities, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention
of the stricken provision.
i
8.05. Business Addresses. {
A. The business address of Alpha Utilities given herein is hereby
designated as the place to which all notices, letters, and other communication to
Alpha Utilities will be mailed or delivered. The address of City of Fayetteville
appearing herein is hereby designated as the place to which all notices, letters,
and other communication to City of Fayetteville shall be mailed or delivered.
Either party may change its address at any time by an instrument in writing
delivered to Black & Veatch and to the other party.
8.06 Changes to Contract
A. Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment
approved by the Mayor and the City Council in advance of the change in scope,
cost or fees.
8.07 Freedom of Information Act.
i
A. City of Fayetteville contracts and documents prepared while
performing city contractual work are subject to the Arkansas Freedom of
Information Act. If a Freedom of Information Act request is presented to the City
of Fayetteville, Contractor will do everything possible to provide the documents in
a prompt and timely manner as prescribed in the Arkansas Freedom of
Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
8.08 Interpretation.
This contract must be interpreted under Arkansas Law.
{
i
t
(FAYETTEVILLE,AR) 00500 10/31/06
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(PN 140760)
IN WITNESS WHEREOF, City of Fayetteville and Alpha Utilities have signed this
Agreement. One counterpart each has been delivered to City of Fayetteville,
Alpha Utilities and Black & Veatch.
This Agreement will be effective on
City of
Fayetteville:
By By
Title: Title:
Address for giving notices Address for giving notices
Approved as to Form s License No.
Expiration Date
Attorney for City of Fayetteville Joint Venture
By
Title:
Address for giving notices
_'s License No.
Expiration Date
End of Section
(FAYETTEVILLE,AR) 00500
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EXHIBIT A
..........
—. _---_—Company Name:
�_—_ �_---_'---_�__^--_----_'
SEALED BID ENCLOSED
36-INCH AND 42-INCH WATER TRANSMISSION
MAIN MODIFICATIONS
City of Fayetteville,Arkansas
Attention: Purchasing Agent's Office A
City Administration Building,Room 306 ob 0
113 West Mountain Street
Fayetteville,Arkansas 72701 0 V9
USE INFORMATION IN DOCUMENT 00140 TO COMPLETE THE FOLLOWING:
Project Name:
City Project Number:
�
Company Address:
Arkansas State General Contractor's License Number:
BIDDING DOCUMENTS REQUIRE THE FOLLOWING ITEMS TO BE COMPLETED
AND ENCLOSED AS APPLICABLE:
LKffidder's Qualifications Statement(Section 00 140)
'�YBid Form (Section 00400)with addenda acknowledged
U, Bid Security as certified check, batik cashier's check, or Bid Bond(Section 004 10)
�
v, --t`^~````~^~~°^^`,^"".^^ ..,/v/
91-filstrumentation and Control System Supplier Questionnaire(Section 00452) �
PLEASE DIRECT QUESTIONS REGARDING BIDDING REQUIREMENTS IN
WRITING TO:
John Pruss
Katie Funderburk,PE
Black&Veatch Corporation Black&Veatch Corporation
8400 Ward Parkway OR 8400 Ward Parkway
Kansas City,Missouri 64114 Kansas City, Missouri 64114
Telephone(913)458-3331 Telephone(913)458-3147
Fax(913)458-3802 Fax(913)458-3 802
�3 X-1 a 1111171
;
;
/
Section 00140
BIDDER'S QUALIFICATION STATEMENT
Project Name: 36-inch and 42-inch Water Transmission Main
Improvements
City Contract No.: 03018
Date: jD- i 2 -Otp
f
SUBMITTED TO:
's The City of Fayetteville, Arkansas
°i 113 West Mountain Street
Fayetteville, Arkansas 72701
SUBMITTED BY:
Company
Name 2anJo II ohrlson
Address 3203 Wako
Principal OfficeE},Stm i t-h +R r Zq a I
Corporation, partnership, individual,joint
ventu e, other
o r or
a+10,0
Arkansas State Genera!Contractor's License Number
6I55880-401
EXPERIENCE STATEMENT
1. Bidder has been engaged as a General Contractor in construction for
2- years and has performed work of the nature and magnitude of this
Contract for 2 years. Bidder has been in business under its present
name for Z years.
2. Bidder now has the following bonded projects under contract: (On a I
separate sheet, list project name, owner, name of owner contact, engineer
/architect, name of engineer/architect contact, amount of contract, surety,
and estimated completion date.)
i
3, Bidder has completed the following (list minimum of 3) contracts
consisting of work similar to that proposed by this Contract: (On a
separate sheet, list project name, owner, name of owner contact, engineer
architect, name of engineer/architect contact, amount of contract, surety, #
and date of completion and percentage of the cost of the Work performed
with Bidder's own forces.)
(FAYETTEVILLE,AR) 00140
(TRANSMISSION MAIN MODIFICATIONS) -1-
916106
(PN 140760)
4. Has Bidder ever failed to complete any project? If so, state when,where,
%t and why. Yto
5. Bidder normally performs the following work with his own forces:
tJ1Gte , SCwC�, punt p stafi0n5
6. Construction experience of key individuals in the organization is as follows
E
(continued on attached sheets if needed):gee ot++0Ch,f6j
Er
t>
7. In the event the Contract is awarded to Bidder, the required surety Bonds
will be furnished by the following surety company and name and address
of agent:
_ £m 16 e.vs MQ41Aaj CasLta[ f Com an
��m usscll
Rho,,ovl, (YloormaO 6!ussell
_ I'•0 00X Ily7
Ft . 5Mr1h F�fz 72907
8. Bidder's Workmen's Compensation Experience Modifier Factor is:
1 .60
FINANCIAL STATEMENT
Bidder possesses adequate financial resources as indicated by the following:
1. Assets and Liabilities: Attach a financial statement, audited if available,
including Bidder's latest balance.sheet and income statements showing
the following items:
a. Current assets (cash,joint venture accounts, accounts receivable,
notes receivable, accrued income, deposits, materials inventory, and I
prepaid expenses). €
b. Net fixed assets.
c. Other assets.
i
d. Current liabilities (accounts payable, notes payable, accrued
expenses, provision for income taxes, advances, accrued salaries, and
accrued payroll taxes).
(FAYETTEVILLE,AR)
00140
(TRANSMISSION MAIN MODIFICATIONS) -2- 9/6r06
(PN 140760)
s-
e. Other liabilities (capital, capital stock, authorized and outstanding
shares par values, earned surplus, and retained earnings).
f. Name of firm preparing financial statement and date thereof:
If financial statement is not for identical organization named herein,
explain relationship and financial responsibility of the organization
furnished.
2. Current Judgments: The following judgements are outstanding against
Bidder: rj0 n e
Judgment Creditors Where Docketed and Date Amount
a.
b. $
Bidder hereby represents and warrants that all statements set forthhe rein are
true and c rrect.
Date: L f0 tier, t Z _ 20 0V
Name of Or aniz
ha
1p n (OFFICIAL SEAL)
t �,II�jCh , G
By
Title fe9i en
(if Bidder is a partnership,the partnership name shall be signed,followed by the
signature of at least one of the partners. If Bidder is a corporation, the corporate
name shall be signed, followed by the signature of a duly-authorized officer and
With the corporate seal affixed.)
End of Section
i
s
r
(FAYETTEVILLE,AR) 00140
(TRANSMISSION MAIN MODIFICATIONS) -3- 06/06
(PN 140760)
t'
Section 00400
BID FORM
PROJECT IDENTIFICATION:
City of Fayetteville
Existing 36-inch and 42-inch Water
Transmission Main Modifications
I" THIS BID IS SUBMITTED TO:
t
4
The City of Fayetteville,Arkansas
t 113 W. Mountain Street
" Fayetteville,Arkansas 72701
'< 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to
enter into an agreement with OWNER in the form included in the Bidding
Documents to perfomi all Work as specified or indicated in the Bidding
Documents for the prices and within the times indicated in this Bid and in
> accordance with the other terms and conditions of the Bidding Documents.
2.01. Bidder accepts all of the terms and conditions of the Invitation to Bid and
the Instructions to Bidders, including without limitation those dealing with the
disposition of Bid security. This Bid will remain subject to acceptance for 90 days
after the day of Bid opening, or for such longer period of time that Bidder may
agree to in writing upon request of OWNER. Bidder will sign and submit the
Agreement with the Bonds and other documents required by the Bidding
Documents within 15 days after the date of OWNER's Notice of Award.
3.01. In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents,the
other related data identified in the Bidding Documents and the following
Addenda, receipt of which is hereby acknowledged.
No. GBe Dated _ J2� � 13 , Z00 (o
No. +tUp Dated OG+ C , ZOOjo
— t
No. Dated
No. Dated
(FAYETTEVILLE,AR) 00400 9!6106
(TRANSMISSION MAIN MODIFICATIONS) -1-
(PN 140760)
................
B. Bidder has visited the Sites and become familiar with and is satisfied as to
t es
the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. Bidder is familiar with and is satisfied as to all Federal, state, and local
Laws and Regulations that may affect cost, progress, and performance of
the Work.
D. Bidder has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the Sites and all drawings of
physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Sites (except Underground Facilities)
which have been identified in the Supplementary Conditions as provided in
Paragraph 4.02 of the General Conditions, and reports and drawings of a
Hazardous Environmental Condition, if any,which has been identified in
the Supplementary.Conditions as provided in Paragraph 4.06 of the
General Conditions
E. Bidder has obtained and carefully studied(or assumes responsibility for
having done so)all additional or supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the
Sites which may affect cost, progress, or performance of the Work or which
relate to any aspect of the means, methods,techniques, sequences, and
procedures of construction to be employed by Bidder, including applying j
the specific means, methods, techniques, sequences, and procedures of
construction required by the Bidding Documents to be employed by Bidder,
and safety precautions and programs incident thereto.
F. Bidder does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of
this Bid or performance of the Work at the price(s)bid and within the times
and in accordance with the other terms and conditions of the Bidding
Documents.
G. Bidder is aware of the general nature of work to be performed by OWNER
and others at the Sites that relates to the Work indicated in the Bidding
Documents.
H. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the Sites, reports and drawings
identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Bidding
Documents.
(FAYETTEVILLE,AR) 00400
(TRANSMISSION MAIN MODIFICATIONS) 9/6106
-2-
(PN 140760)
I. Bidder has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies that Bidder has discovered in the Bidding
Documents, and the written resolution thereof by ENGINEER is acceptable
to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work
for which this Bid is submitted.
4.01. Bidder further represents that this Bid is genuine and is not made in the
Interest of or on behalf of any undisclosed individual or entity and is not
submitted in conformity with any agreement or rules of any group, association,
t` organization, or corporation; Bidder has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited
or induced any individual or entity to refrain from bidding; and Bidder has not
sought by collusion to obtain for itself any advantage over any other Bidder or
over OWNER.
5.01. Bidder will complete the Work for the following price:
Lump Sum Bid of$ 1/ 1 g S c v 0 00
If the required quantities of the items listed below are increased by Change Order
due to unforeseen conditions, the adjustment unit prices named shalt apply to
such quantities:
Item Unit Unit Price
Ductile Iron Pipe 0—20 If
Ductile Iron Pipe 20—100 If $ g C)0 , 00
6.01. Bidder agrees that the Work will be substantially completed within 150
days, and completed and ready for final payment in accordance with Paragraph
14.07.6 of the General Conditions within 210 days, after the commencement of
Contract Times as defined in the General Conditions.
6.02. Bidder accepts the provisions of the Agreement as to liquidated damages
in the event of failure to complete the Work within the times specified above.
f
t
t
(FAYE7TEVILLE,AR) 00400 9!6/06
(TRANSMISSION MAIN MODIFICATIONS) 3-
(PN 140760)
s
7.01. Communications concerning this Bid shall be sent to Bidder at the
following address:
�2f t HCArr�S
f' oP>oX tDsoS
Ft, SMJh , (+9 72-qo(o
8.01. The terms used in this Bid have the meanings indicated in the Instructions
to Bidders, the General Conditions, and the Supplementary Conditions.
i
(FAYETTEVILLE,AR) 00400 9/6/06
(TRANSMISSION MAIN MODIFICATIONS) A-
(PN 140760)
.................. ........ ........
SIGNATURE OF BIDDER
SUBMITTED on QG ki hCG12 200 (P.
CONTRACTOR's Arkansas License Number 6155 % 0301
License Expiration Date J3-01
If an Individual
B
(signature of individual)
doing business as
Business address
Phone No,
Date
If a Partnership
B
(firm name)
(signature of general partner)
Business address
Phone No.
Date
(FAYETTEVILLE,AR) 00400 916106
(TRANSMISSION MAIN MODIFICATIONS) -5-
(PN 140760)
.......... ............. ...........
If a Corporation
B EOC
(corporation name)
BY—W---
(signature of authorized person)
deV1
(title)
Business address a co
R, Gm I [V ?2-q01
Phone No.
Date O 0 q� 9(Jobtr t2 zoo Ca
If a JointVenture (Other party must sign below.)
CONTRACTOR's Arkansas License Number
LicenseExpiration Date
if an Individual
By
(signature of individual)
doing business as
Business address
Phone No,
Date____.
(FAYETTEVILLE.AR) 00400 9/6/06
(TRANSMISSION MAIN MODIFICATIONS) -6-
(PN 140760)
a
If a Partnership
By
(firm name)
(signature of general partner)
Business address
S=
Phone No.
Date
!!Corporation
Corporation
By
(corporation name)
By
(signature of authorized person)
(title)
Business address
Phone No.
Date
i
i
(FAYETTEVILLE,AR) 00400
(TRANSMISSION MAIN MODIFICATIONS) _7_ 916106
(PN 140760)
AMENDMENT NO. 14
TO
AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES
FOR TIIE CITY OF FAYETTEVILLE,ARKANSAS WASTEWATER TREATMENT PLANT
THIS AMENDMENT NO. 14 to the Agreement for Operations, Maintenance and Management Services
for the City of Fayetteville, Arkansas Wastewater Treatment Plant dated September 1, 1994 (the
"Agreement'), made effective on the I" day of January, 2007, by and between the City of Fayetteville,
Arkansas, whose address for any formal notice is 113 W. Mountain St, Fayetteville, Arkansas 72701
(hereinafter the "City") and Operations Management International, Inc., with offices at 9193 S. Jamaica
Street, Suite 400, Englewood, Colorado 80112 (hereinafter "OMP) is made and entered into for purposes
of amending certain provisions of the Agreement, to prevent the facilities covered by the Agreement from
being deemed to be used in the trade or business of OMI pursuant to Section 141 (b) of the Internal
Revenue Code of 1986, as amended.
NOW THEREFORE,the City and OMI agree to amend the Agreement as follows:
1. Article 4.1 is hereby deleted in its entirety and replaced with the following Article 4.1:
4.1 For services rendered during calendar year 2007 the City of Fayetteville shall pay to OMI
the actual cost of services performed plus an annualized management fee of One Hundred
Thousand Five Hundred Ten Dollars and Eighty Five Cents ($105,510.85). Said fee and
estimated cost (base fee) shall be paid in twelve (12) equal monthly installments. The
management fee for subsequent years will be determined proportional to the increase in
estimated cost.
2. Article 4.3 is hereby deleted in its entirety and replaced with the following Article 4.3:
4.3 OMI estimates the cost for services for calendar year 2007 shall be Six Million One
Hundred Four Thousand Four Hundred Forty Seven Dollars and Eighty Eight Cents
($6,104,447.88). Details of said cost are shown in Appendix J. The base fee shall be
negotiated each year in September for the upcoming calendar year. Should the City and
OMI fail to agree, the base fee will be determined by the application of the base fee
adjustment formula shown in Appendix F. Upon each contract year renegotiation, OMI
shall continue to invoice City of Fayetteville at the previous amount until the new contract
year price is agreed upon. Upon written notice agreement between the parties as to the
new contract year base fee, OMI shall issue an invoice retroactively adjusting the previous
base fee amount. Should the actual expenditures exceed estimated expenditures by more
than Twenty Thousand Dollars($20,000), in any year of this Agreement, specific approval
will be obtained from the City prior to OMI incurring additional costs.
3. Article 4.4 is hereby deleted in its entirety and replaced with the following Article 4.4:
4.4 An administrative fee of fifteen percent (15 %) is added to personnel services and ten
percent (10%) to all other costs for administration, support, management and overhead,
with the exception of electricity and lift station odor control direct expenses.
4. Article 4.8 is hereby deleted in its entirety and replaced with the following Article 4.8:
4.8 OMI agrees to incur up to One Hundred Fifty Three Thousand Nine Hundred Seventy
Page 1 of 9
Eight Dollars and Three Cents ($153,978.03) per year in lift station odor control direct
expenses, including costs for necessary chemicals, pumps, tanks, related equipment and
such outside services as needed. These expenses will not include labor and benefits for
OMI personnel. OMI will rebate to the City of Fayetteville the entire amount that actual
lift station odor control expenses are less than One Hundred Fifty Three Thousand Nine
Hundred Seventy Eight Dollars and Three Cents ($153,978.03) in any year of this
Agreement.
5. Appendices B, E, and J are hereby deleted in their entirety and replaced with the attached
Appendices B, E, and J.
6. Appendix K is hereby added to the Agreement.
This Amendment No. 14 together with the Agreement, constitutes the entire agreement between the Parties
and supersedes all prior oral and written understandings with respect to the subject matter set forth herein.
Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and
effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an
authorized representative of the Parties.
The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures
below.
OPERATIONS MANAGEMENT CITY OF FAYETTEVILLE
INTERNATIONAL,INC.
Roger B. Quayle Dan Coody
Senior Vice President Mayor
Date:_ Date:
APPROVED AS TO FORM:
Kit Williams
City Attorney
Date:
Page 2 of 9
Appendix B
LOCATION OF PROJECT
B.1 OMI agrees to provide the services necessary for the management, operation and maintenance of
the following:
a) All equipment, vehicles, grounds and facilities now existing within the present property
boundaries of or being used to operate the City of Fayetteville's Wastewater Treatment
Plant located at:
1400 North Fox Hunter Road
Fayetteville, Arkansas
b) All equipment, grounds, and facilities now existing within the present property boundaries
of pump stations described as follows:
WWI 978 E. Zion Rd
WW2 4938 Mission Blvd. (Timbercrest)
WW3 Salem Rd—Off Mount Comfort Rd (Crystal Springs)
WW4 691 W. Poplar
WW5 3896 N. Gregg Ave
WW6 3021 N. Old Wire Rd
WW7 2034 N. County Road 877
WW8 729 W. North St
WW9 1336 N. Porter
WW10 716 Futrall Dr
WWI 1 4412 W. 6°i St
WW12 398 N. Double Springs Rd
WW13 878 S. Stonebridge Rd
WW14 1820 S. Armstrong
WW15 203 E. 29°i Circle(Country Club)
WW16 3917 S. McCollum Rd
WWI8 202 N. Sandy(Greenland)
WW19 988 S. Mallywagnon Rd
WW 20 3212 N. Highway 112
WW21 1687 S.Happy Hollow Rd
WW22 630 N. Double Springs Rd
WW23 440 E. Fairway Ln(Masters Addition- Country Club 2)
WW24 4071 South McCollum(Airport East)
WW25 551 W. Aster Ave(Willow West-Farmington)
WW26 74 S. Kestrel (Sequoyah Preserve)
WW27 1031 River Meadows Dr(Stonebridge Meadow)
WW28 1603 Plantation Avenue(Heritage Village)
W W29 390 N. Cato Springs (Bohannan- Greenland)
WW30 2324 Rupple Rd (Holt Middle School)
WW31 2130 W. Moore Ln(Research Park)
WW32 478 N. Durango Place(Silverthome)
WW33 4644 N. Crossover Rd (Stonewood - Copper Creek)
WW34 4572 S. School (Airport South)
WW35 3083 W. 6°i Street(Lowe's)
WW36 1642 N. Willowbrook Dr(Skyler Place)
WW37 3848 W. Edgewater Dr(Clabber Creek)
Page 3 of 9