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HomeMy WebLinkAbout2013-07-09 - Agendas WATER/SEWER/SOLID WASTE COMMITTEE AGENDA Tavelerli lie MEETING DATE OF JULY 9, 2013 THE CITY OF FAYETTEVILLE,ARKANSAS ir ARKANSAS Committee: Chairman Mark Kinion; Aldermen Sarah Marsh, Martin Schoppmeyer, Alan Long Copy to: Mayor Lioneld Jordan; Sondra Smith, Don Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris Brown, Lynn Hyke, Shannon Jones, Pey ell, Tim Nyander,CH2M Hill From: David Jurgens, P. E., Utilities Director f, I A Fayetteville Water, Sewer and Solid Waste Commit e meeting will be held on July 9,2013,5:15 PM, following the City Council Agenda Session, in room 326, �ayettcville City Hall. Proposed topics include: Agenda Items Requiring Committee Approval 1. White River Water Line Bores (FEMA) contract with H & H Directional Boring, Inc. for$217,000 with a $20,000 contingency for bores across the White River to repair water line damage cause by flooding in the spring of 2011, is attached. A declared national disaster,the City has since been working with FEMA to perform permanent repairs to damaged infrastructure. FEMA will reimburse 75%and the State of Arkansas will reimburse 12.5%of eligible costs. The City's portion is 12.5%, plus all costs for improvements. The City's water and sewer systems experienced a wide variety of damage from the flooding, including some locations where the water or sewer lines completely washed out. Almost all of these failures have been repaired using in-house crews. In order to meet the Federal Emergency Management Agency's(FEMA) requirements for reimbursement, eligible repairs must be completed within a certain timeframe. This contract is to install two 24" diameter encasements,200' long each, across the White River south of Greenland, where two existing water lines were damaged. City Water team crews will install the 12" water lines to connect the water line in the encasement pipe to the existing pipelines north and south of the River. These pipes provide water to our southernmost customers, including (by master meters)the City of West Fork and the Mt. Olive Rural Water Association. One crossing replaces an existing 12"water line crossing; the other replaces an old 4" line with the new 12"pipe. This will reinforce our distribution system and help us eventually provide a better level and more reliable service to these customers. The City received three bids June 25`'. Staff requests this be forwarded to the city council for approval. Bidder Bid H & H Directional Boring $ 217,000 Goodwin&Goodwin $ 335,000 B.C. Main Construction $ 424,648 Engineer's Estimate $ 205,000 2. Highway 265/Cliffs Sewer Repair(FEMA) bids will be opened July 16 for sewer line work along Highway 265 at the Cliffs apartment complex entrance. This contract is to install 266 feet of 12" ductile iron sewer pipe and two manholes across the Cliffs driveway. The existing pipe is an old 10" clay pipeline with a very poor alignment. This project installs a 12" pipe to allow for future growth, and significantly improves the alignment. There are very challenging utilities and storm drainage conflicts in this area,and the excavation will be approximately 17 feet deep. These factors significantly increase the project difficulty, so the work is being performed by contract rather than with in-house crews. FEMA will reimburse the City 75%and the State of Arkansas will reimburse 12.5%of eligible costs. The City's portion is 12.5%, plus all costs for improvements. In order to meet the Federal Emergency Management Agency's (FEMA) requirements for reimbursement, eligible repairs must be completed within a certain timeframe. Due to the timing,staff requests authorization to place this on the August 6 City Council agenda. 3. Highway 16 White River Bridge Water and Sewer Relocation bids will be opened July 16. This contract is to install 6,600' of 2"— 16"water line and 430' of sewer main to relocate the water and sewer lines outside of the expanded right of way required by AHTD in order to replace the Highway 16 Bridge across the West Fork of the W-S-S W CommitteeAgenda 9Jul l3 WATER/SEWER/SOLID WASTE COMMITTEE AGENDA MEETING DATE OF JULY 9, 2013 White River.The City currently has a 12 inch water line attached to the bridge, and it must be moved prior to the AHTD contractor performing substantive work on the bridge and the approaches. All of the existing water and sewer lines in this section of roadway are located within the AHTD right of way (ROW), so the City must bear the entire expense to relocate these lines. The AHTD has been pressuring the City to get this project completed as soon as possible. Due to the timing,staff requests authorization to place this on the August 6 City Council agenda. Agenda Items for Committee Information 4. Ca ital Pro'ect Update Contract Description Contractor Cost Com lets CIPP 2013 Swr Rehab-Cured in Place Pipe City Wide Insituform $ 330,000 0% 265 W/S Relocation & 36"Wtr Line, Hwy 265 Gamey Const $ 5,062,135 100.0% Hwy 16 Hwy 16 Water/Sewer Relocations Edwards Const $ 1,636,038 100.0% Hwy 112 Garland Ave Water/Sewer Relocations Goodwin & Goodwin $ 1,575,497 100.0% Hwy 265 N Hwy 265 North Water/Sewer Relocations Seven Valles Const $ 1,419,659 100.0% Compost Solid Waste Compost Slab, Phase 2 Benchmark Const $ 347,882 100.0% SE Fay CIPP SE Fayetteville/Elkins Ouffall CIPP Suncoast Infrastruct $ 162,495 0% Wtr Trans Water Transmission Line Easements McClelland En rs Easmt Acquisition Underway Hwy 16 Bride Water Line Relocation West Fork Bride Bids Open July 16 0% FEMA Hwy 265 Hwy 265/Cliffs Sewer Repair FEMA Bids Open July 16 0% FEMA White Rvr Bores for White River Water Lines FEMA H & H Boring $ 217,000 0% Hamestring Channel Monster Repair In-House $ 21,658 100.0% Noland RAS Noland RAS Pump Bids Open July 12 0% BMS Site Irrigation Reel Purchase Bids Open July 12 0% Noland Generator Noland Generator Upgrade Clifford Power $ 36,705 0% _ South Mtn PS I South Mountain Pump Station Rehab Desi n/Const In-House $ 200,000 50% Project is substantially complete, meaning the work can be used to execute its mission. 5. Illinois River Phosphorus a. Arkansas Oklahoma Second Statement of Joint Principles and Actions funding is being gathered, and details are still being worked at State level for execution of the stressor-response study. b. Illinois River Phosphorus EPA TMDL process is on hold. EPA has told its Total Maximum Daily Load (TMDL) study consultants to cease work pending funding issues. EPA has informed ADEQ of its intent to honor the Second Statement of Joint Principles in its TMDL process. 6. White River Use Attainability Analysis report is again being updated—incorporating ADEQ's new comments that were generated due to Act 954, which directly impacts minerals water quality issues. We were not sure this would be required, as the report was submitted before the Act was developed. Given that the Act will be law before we submit our 3`d party rule making request to the APCEC, we have elected to update the report, including rerunning some of the analysis, incorporating the guidance from the new law. We expect the final report to be completed and submitted to the APCEC within eight weeks. 7. Highway l6 White River Bridge Water and Sewer Relocation Easement Condemnations are in process. Easements have been acquired from 14 of 20 owners. We believe we will reach agreement with three more, but have not received the signed documents. We are not comfortable we have full agreement from the remaining three owners who were included in the request for Council action. These owners are aware of the City's intent to tum any unresolved easement purchases over to the City Attorney to initiate condemnation. Negotiations are still underway and may succeed with most of the owners, but the timing is such that we must proceed with the condemnation process in order to advertise the project. PermTemp Perm Temp Property Owner Easmnt Easmnt Easement Const Damages Total ft') (ft') Easement Tract 13 Baird 2,570 4,713 $ 345 $ 255 $ 0 $ 600 Tract 18(Clay) 2,161 2,966 $ 290 $ 160 $ 0 $ 450 Tracts 21-23 McDonald 7,766 5,789 $ 8,250 $ 1,275 1 $ 0 $ 9,525 W-S-SW CommitteeAgenda 9M 13 WATER/SEWER/SOLID WASTE COMMITTEE AGENDA MEETING DATE OF JULY 9, 2013 S. Water/Sewer Ordinance Updates are being developed by staff. The modifications will be chapter-wide, including numerous housekeeping updates, and bringing the ordinance into compliance with updated state and Federal codes. Our NPDES permit requires the City update and submit its sewer use ordinance to ADEQ by February 28, 2014. The new ordinance will include a new section on fats,oils and grease (FOG). 9. Water/Sewer/Solid Waste Committee meets next on Tuesday, August 13, 2013, 5:30 p.m., room 326. Attachments: 1 White River Bores Contract, H & H Directional Boring Pages 4-17 2 Highway 265/Cliffs Sewer Bid Information Pages 18-31 3 Highway 16 White River Bridge Water and Sewer Relocation Bid Information Pages 32-47 W-S-S W CommirieeAgenda 9Jul13 CITY COUNCIL AGENDA MEMO aye eVoi e MEETING DATE OF JULY 16,2013 THE CITY OF FAYETTEVILLE,ARKANSAS ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr,Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Comm tt e Date: June 27, 2013 Subject: Approval of construction contract with H & H Directional Boring, Inc. for bores across the White River to repair water line damage from flooding in the spring of 2011 RECOMMENDATION City Administration recommends approval of a construction contract with H & H Directional Boring, Inc.for$217,000 for bores across the White River to repair water line damage cause by flooding in the spring of 2011,approval of a$20,000 contingency, and approval of a budget adjustment, Bid 13-35. BACKGROUND In the spring of 2011,the City experienced a period of extensive rainfall and suffered severe flooding. The incident was declared a national disaster by the President. Since the declaration,the City has been working with FEMA to obtain partial reimbursement of the costs incurred to respond to the event and to perform permanent repairs to infrastructure damaged by the event. FEMA will reimburse the City 75%of eligible costs. The State of Arkansas will reimburse the City 12.5% of eligible costs. The City's portion is also 12.5%, plus all costs for improvements. The City's water and sewer systems experienced a wide variety of damage from the flooding, including some locations where the water or sewer lines completely washed out. Almost of these failures have been repaired using in-house crews. In order to meet the Federal Emergency Management Agency's(FEMA)requirements for reimbursement, eligible repairs must be completed within a certain timeframe. DISCUSSION This contract is to install two 24 inch diameter encasements, 200' long each, across the White River south of Greenland, where the City has two existing water lines that were damaged or destroyed in the spring, 2011 flooding. These bores will install encasements under the White River at the two locations. City Water Team crews will install the 12"water lines at each location to connect the water line in the encasement pipe to the existing pipelines north and south of the River. These water lines provide water to our southernmost customers, including(by a master meter)the City of West Fork and the Mt. Olive Rural Water Association. One crossing is replacing the existing 12"water line crossing;the other is replacing an old 4"crossing with the new 12"water line. This will reinforce our distribution system and help us eventually provide a better level and more reliable service to these customers. The City received three bids June 251h. Bidder Bid H&H Directional Boring $ 217,000 Goodwin&Goodwin $ 335,000 B.C. Main Construction $ 424,648 Engineer's Estimate $ 205,000 H& H Directional Boring,Inc.has performed many similar projects for the City; staff recommends awarding the contract. BUDGETIWACT The budget adjustment transfers $237,000 from the Emergency and Disaster Replacement Fund to the Water/Sewer fund. Costs above the FEMA reimbursement will be covered by project 04020, Water Line Projects as Needed. Telecommunications Device for the Deaf TDD WRVS� �A and Solid Waste Committee Agenda Page 4 of 47 113 West Mountain Fayetteville,AR 72701 White River Bores Contract CC Memo Jul 13 t.; m m a 5 N f9 19 (9 'W W O M � O a•'' w LL W: O O O ❑ t�9O'2O S 1 SO O C 00 100 'N d 'F O} �_ O O QI 6 N V fit O O O C oo g S g o 0 0 0 o c v m - t�1 w Cl ] a c cw,>•. 0 0 0 0 o c d a o 0 0 0 0 E G O O O N N 1p fD 0 ti We f•. o 0 0 o e w yy[: o G c my CL o YI 'q IO✓ O O O y0. N a Ili E CQ tiCCL o qo o E FZ- O Y� e Lu O ner W e U oLn ui ° Ly v f N m t Q m Cy m v � O 0 r, r ` o � s a m = 4 IL n a la'r •. m `� IL z - m m U_ r m r17L/�a l�l c c O d d W N N N a a ull }�l'1 �V•'°i '� F W J J U Water,Sewer and Solid Waste Committee Agenda Page 5 of 47 � s r \ I \ 1 J 'a dl(I I, J/J 44444 �lk , ' � � I ZIl L ` h . 1 A.2 H&H Directional Boring,Inc. Page 11 of 82 SECTION 0020 CITY OF FAYETTEVILLE,AR INVITATION TO BID BID 13-35, CONSTRUCTION OF FEMA PROJECTS—STEEL PIPE ENCASEMENTS The City of Fayetteville is accepting bids for the installation of approximately 400 feet 24-inch steel encasement by jack and bore at two locations. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville Purchasing Agent, at aforenna,ci.fayetteville.ar.us or by calling(479) 575-8220. Bids shall be submitted in a sealed envelope or package labeled"Bid 13-35, CONSTRUCTION OF FEMA PROJECTS—STEEL PIPE ENCASEMENTS." All bids shall be received before 2:00 PM,local time on Tuesday,June 25,2013 to the City of Fayetteville,Purchasing Division —Room 306, 113 W Mountain, Fayetteville,Arkansas 72701. Bidding documents and plans must be obtained from by contacting the City Purchasing Division. Documents are available via e-mail. Plans can also be reviewed at the Fayetteville Purchasing Division, as listed below. City of Fayetteville,Arkansas Purchasing Division—Attention: Andrea Foren 113 W. Mountain, Suite 306 Fayetteville, AR 72701 Phone: 479.575.8220 E-Mail: aforenAci.fayetteville.ar.us All bidders need to register as a plan holder with Andrea Foren via e-mail or phone. Failure to register as a plan holder can result in bid rejection. For information concerning the proposed work, contact Shannon Jones, P. E. at shiones(cr d,fayetteville.anus or by calling(479)444-3452. Each bid shall be accompanied by a cashier's check or corporate bid bond, in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond, file marked by the Washington County Circuit Clerk's Office, is required with a contract awarded amount of$20,000.00 or more. A State of Arkansas Contractor's License is required for any bid exceeding$20,000.00. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises." 0020.doc i Water,Sewer and Solid Waste Committee Agenda Page 7 of 47 A.2 H&H Directional Boring,Inc. Page 12 of 82 This project is subject to federal Davis-Bacon Act prevailing wage rates. Copies of certified payrolls shall be submitted with each pay request. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty days from the bid opening date. CITY OF FAYETTEVILLE,ARKANSAS By: Andrea Foren, CPPB, City of Fayetteville,Purchasing Agent Ad Dates: 6/6/2013 and 6/13/2013 END OF SECTION 0020 0020.doc 2 Water,Sewer and Solid Waste Committee Agenda Page 8 of 47 X2 H&H Directional Boring,Inc. Page 23 of 82 SECTION 0310 BID PROPOSAL LOCATION: CITY OF FAYETTEVILLE,ROOM 306 113 W.MOUNTAIN FAYETTEVILLE,AR 72701 DATE: ,Tune 25,2013 at 2:00 p.m.LOCAL TIME Proposal of: H & H Directional Boring, Inc- Address: nc_Address: Fayetteville, AR 72701 Bid For:CONSTRUCTION OF FEMA PROJECTS-STEEL PIPE ENCASEMENTS Bid Submitted to: The City of Fayetteville Andrea Foren,Purchasing Agent—Room 306 113 W.Mountain Fayetteville,AR 72701 BIDDER will complete the Work for the unit prices as listed in the Bid Form. Total Base Bid as outlined on Bid Form: Two hundred seventeen thousand $ 217,000.00 Amount in Words Figures The undersigned BIDDER proposes and agrees,if this Bid is accepted,to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents.BIDDER accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. 0310.doc 1 Water,Sewer and Solid Waste Committee Agenda Page 9 of 47 A.2 H&H Directional Boring,Inc. Page 24 of 82 BIDDER accepts all of the terms and conditions of the Information for Bidders,including without limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for sixty(60)days after the day of Bid Opening.BIDDER will sign the Agreement required by these Contract Documents within ten(10)days after the date of CITY OF FAYETTEVILLE'S Notice of Award. In submission of this BID, BIDDER represents, as more fully set forth in the Agreement, that BIDDER HAS EXAMINED ALL CONTRACT DOCUMENTS (including but not limited to Invitation to Bid,Information for Bidders,and Supplemental Information for Bidders)and the following ADDENDA: None Failure to list all necessary Agenda issued by the CITY OF FAYETTEVILLE or the ENGINEER could mean the BID submitted by the BIDDER may be deemed unresponsive and not read publicly. In submission of the BID,BIDDER represents,that they have examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations)and the conditions affecting cost,progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. In submission of the BID,BIDDER represents,that this BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The BIDDER represents that they have not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. The BIDDER represents that they have not solicited or induced any person, firm or corporation to refrain from bidding and have not sought by collusion to obtain for themselves any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE. All terms used in the BID are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this BID FORM is the required Bid Security in the form of a Bid Bond or Cashier's Check in the amount of five(5)percent of the Total Bid Amount. 0310.doc 2 Water,Sewer and Solid Waste Committee Agenda Page 10 of 47 A.2 H&H Directional Boring,Inc. Page 25 of 82 BIDDER submitting this BID is: ❑X A Corporation,incorporated in the State of Arkansas - A Partnership,consisting of the following partners,whose full names are: An Individual whose full name is: H & H Directional Boring, Inc. General Contractor(Firm Name) Chad Haney Signed By Pr�sidnnt Title June 25, 20$3 Date 1609__Mally__Wa,gnon Rom Address Fayetteville, AR 72701 479 443 9107 office 479 443 5555 fax Telephone Number&Fax 0091820414 Contractor's License Number 0310.doc 3 Water,Sewer and Solid Waste Committee Agenda Page 11 of 47 A.2 H&H Directional Boring,Inc. SECTION 0310-BID PROPOSAL rage 27 of 82 Item Approx. Unit Price In No. Item Description _QtL. Unit Figures Total 1 Mobilization 1 LS Two thousand_ dollars $ 2,000.00 $ 2,000.00 2 Trench& Safety Systems l LS Eduirteennthousand dollars $ 14.000.00 $ 14.000.0() 3 Erosion Control 1 LS Ong thousand do0as $1 .000.00 $1 .000.00 4 Location 42,24-inch steel encasement, jack&bore 200 LF de0ers $r;nnrnn� $300. 0on, nn 5 Location 43,24-inch steel encasement, jack&bore 200 LF 11nedrscLt�lc�u.sa�a dollars nn $�nn�nnn_n0 Total Bid $ END OF SECTION 0310 0310.doc S Water,Sewer and Solid Waste Committee Agenda Page 12 of 47 A.2 H&H Directional Boring,Inc. Page 34 of 82 SECTION 0420 STATEMENT OF BIDDER'S QUALIFICATIONS All requests must be addressed in writing and the data given must be clear and comprehensive. This statement must be notarized. If necessary,questions may be answered on separate attached sheets. The BIDDER may submit any additional information he/she desires. A. REQUESTS REGARDING BIDDER 1. Name of Bidder. 2. Permanent main office address. 3. When organized, 4. If a corporation,where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Have you ever failed to complete any work awarded to you. (If so,where and why?) 7. Have you ever defaulted on a contract? (If so,where and why?) S. List the last five (5) projects of the similar size and magnitude of this Project which were completed by your company,stating the cost for each and the month and year completed. Include the entity for which the work was performed with names,titles,and phone numbers. 9. Give bonding agent and limit. 10. If subcontractor is to be used for this contract,state the percentage of work anticipated to be completed by subcontractor. If subcontractor is to perform work, a separate Statement of Bidder's Qualifications regarding subcontractor and the method used by the subcontractor. Refer to Section 0100&Section 0311. Submit this Statement of Bidders Qualifications to the Engineer. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. V g--il—A:feeica' t1e 'nQ� ne (Name of Bidder) By: 1,6 Title: President 0420.doc 1 Water,Sewer and Solid Waste Committee Agenda Page 13 of 47 A.2 H&H Directional Boring,Inc. Page 35 of 82 STATEMENT OF BIDDER'S QUALIFICATIONS—H&H Directional Boring,Inc. 1. H&H Directional Boring,Inc. 2. 1609 Mally Wagnon Road, Fayetteville,AR 72701 3. November 2000 4. Arkansas S. 13 years 6. No 7. No 8. A) Hwy 265 Water&Sewer Relocate-Fayetteville$178,500 Completed January 2013 Seven Valleys PO Box 88 Cassville, MO 417 847 2287 Office B) Hwy 265 Water&Sewer Relocate-Springdale $284,000 Completed August 2012 Seven Valleys PO Box 88 Cassville,MO 417 847 2287 Office C) 2012 Water System Expansion Phase III-$77,700 Completed May 2013 Fochtman Enterprises PO Drawer 1168 Fayetteville,AR 479 5216082 Office D) Oak Grove Road Sewer Improvements—Springdale-$196,630 Completed May 2012 Seven Valleys PO Box 88 Cassville,MO 417 847 2287 Office E) Springdale Water Rehab Phase it-$106,000—Completed January 2013 Seven Valleys PO Box 88 Cassville,MO 417 847 2287 Office 9. Employers Mutual Company Bond limit-$600,000.00 X110-. ,No subcontractor will be used for this contract. L Chad Haney President Water,Sewer and Solid Waste Committee Agenda Page 14 of 47 A.2 H&H Directional Boring,Inc. Page 36 of 82 SECTION 0500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND H & H DIRECTIONAL BORING,INC. THIS AGREEMENT is dated as of the day of in the year 2013 by and between the CITY OF FAYETTEVILLE and H & H DIRECTIONAL BORING,INC.. 1. The H & H DIRECTIONAL BORING, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: FEMA PROJECT—LOCATION 22 SANITARY SEWER 2. The H& H DIRECTIONAL BORING, INC. shall furnish all materials, supplies,tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The H & H DIRECTIONAL BORING, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 90 calendar days. The H & H DIRECTIONAL BORING, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of $500 for each calendar day thereafter that the WORK is not complete. 4. The H & H DIRECTIONAL BORING, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. 5. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and H &H Directional Boring, Inc. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual 5.13 Addenda Numbers 0 to 0 . 5.14 Change Orders 0500.doc I Water,Sewer and Solid Waste Committee Agenda Page 15 of 47 A.2 H&H Directional Boring,Inc. Page 37 of 82 5.14 Change Orders 6. The CITY OF FAYETTEVILLE shall pay the H & H DIRECTIONAL BORING, INC.in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. MISCELLANEOUS 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents 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. 8.3. City of Fayetteville and Contractor each binds itself, it 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. 8.4. 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 stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. 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. 8.6. Freedom of Information Act. 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. 8.7. This contract must be interpreted under Arkansas Law. 0500.doc 2 Water,Sewer and Solid Waste Committee Agenda Page 16 of 47 A.2 H&H Directional Boring,Inc. Page 38 of 82 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and H & H DIRECTIONAL BORING, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to Contractor. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Contractor or identified by Engineer on their behalf. OWNER CONTRACTOR CITY OF FAYETTEVILLE H&H DIRECTIONAL BORING,INC. BY BY Mayor Lioneld Jordan [CORPORATE SEAL] [CORPORATE SEAL] ATTEST ATTEST Address for giving notices: Address for giving notices: 113 W.Mountain Fayetteville,AR 72701 License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 0500.doc 3 Water,Sewer and Solid Waste Committee Agenda Page 17 of 47 CITY COUNCIL AGENDA MEMO aye evl e MEETING DATE OFA UGUST 6,2013 THE CITY OF FAYETTEVLLE,ARKANSAS A RKAN$AS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Committee Date: July 5,2013 Subject: Approval of construction contract with XXXXXXX for sewer construction to repair sewer line damage from flooding in the spring of 2011 RECOMMENDATION City Administration recommends approval of a construction contract with XXXXXXX for$XXX,XXX for bores across the entrance to the Cliffs apartments to repair sewer line damage cause by flooding in the spring of 2011, Bid 13-38, approval of a$XX,XXX contingency, and approval of a budget adjustment. BACKGROUND In spring 2011,the City experienced a period of extensive rainfall and suffered severe flooding. The incident was declared a national disaster by the President. Since the declaration, the City has been working with FEMA to obtain partial reimbursement of the costs incurred to respond to the event and to perform permanent repairs to infrastructure damaged by the event. FEMA will reimburse the City 75%of eligible costs. The State of Arkansas will reimburse the City 12.5%of eligible costs. The City's portion is also 12.5%, plus any costs for improvements. The City's water and sewer systems experienced a wide variety of damage from the flooding, including some locations where the water or sewer lines completely washed out. Almost of these failures have been repaired using in-house crews. In order to meet the Federal Emergency Management Agency's (FEMA) requirements for reimbursement, eligible repairs must be completed within a certain timeframe. DISCUSSION This contract is to install 266 feet of 12"ductile iron sewer pipe and two manholes across the Cliffs driveway. The existing pipe is an old 10"clay pipeline with a very poor alignment. This project installs a 12" pipe to allow for future growth, and significantly improves the alignment. There are very challenging utilities and stone drainage conflicts in this area, and the excavation will be approximately 17 feet deep. These factors significantly increase the project difficulty. The City received XXX bids July 16th. Bidder Bid XXXXXXXX S XXX,XXX XXXXXXXX $ XXX,XXX XXXXXXXX $ XXX XXX Engineer's Estimate S 120,000 XXXXX has performed many similar projects for the City; staff recommends awarding the contract. BUDGETIMPACT The budget adjustment transfers $XXX,XXX from the Emergency and Disaster Replacement Fund to the Water/Sewer fund. Costs above the FEMA reimbursement will be covered by project 04020, Sanitary Sewer Rehabilitation. Telecommunications Device for the Deaf TDD MaRWSJe g and Solid Waste Committee Agenda Page 18 of 47 113 West Mountain Fayetteville,AR 72701 Cliffs Swr Contract CC Memo Jul 13 r' f ` 1 �II I F O � • 4 r• . r"- F M F ' Y r hLI e 9 ' � h 1 rk is 1. n , le City of Fayetteville, Arkansas Purchasing Division — Room 306 ov 113 W. Mountain Fayetteville, AR 72701 TLave re. T 1i Phone: 479.575.8220 ARKANSAS TDD (Telecommunication Device for the Deaf): 479.521.1316 l INVITATION TO BID: Bid 13-38, Construction — FEMA Project, Location 22 Sanitary Sewer DEADLINE: Tuesday, July 16, 2013 before 10:00 AM, Local Time PRE-BID MEETING: Tuesday, July 09, 2013 at 10:00 AM, Local Time, Room 326 DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPD, CPPB, aforen(a)ci.fayetteviIle.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Wednesday, June 26 & July 03, 2013 INVITATION TO BID Bid 13-38, Construction — FEMA Project, Location 22 Sanitary Sewer No late bids shall be accepted. Bids shall be submitted in sealed envelopes labeled and should have the name and address of the bidder as well as the bid number and name. All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. NOTICE TO ALL BIDDERS: All vendors intending on bidding SHALL register as a plan holder by notifying Andrea Foren, Purchasing Agent, via e-mail at aforenCc-)ci.favetteville.ar.us. When registering as a plan holder, vendors shall submit primary contact information including name of contractor, primary contact, phone number, fax number, and physical address. FAILURE TO REGISTER AS A PLAN HOLDER CAN RESULT IN YOUR BID BEING REJECTED. Interested parties are responsible for printing. E-MAILED BID PACKAGE INCLUDES 2 FILES: FILE #1: BID SPECIFICATIONS (total of 307 pages) FILE #2: PROJECT DRAWINGS (total of 10 pages) *Additional files added as any addendums are issued. Addendums will be directly e-mailed to all plan holders on the project. Bidder assumes all responsibility for receiving updates and any addenda issued to this project by monitoring http://bids.accessfayotteville.org. Failure to acknowledge addenda issued as instructed could result in rejection of such bid. Telecommunications Device fotthe Doi f TDD A79)521-1316 113WestMouat9ln-Fayettev0e,AR72701 Water,Sewer and Solid Waste Committee Agenda Page 20 of 47 SECTION 0020 CITY OF FAYETTEVILLE,AR INVITATION TO BID BID 13-38,CONSTRUCTION OF FEMA PROJECT-LOCATION 22 SANITARY SEWER The City of Fayetteville is accepting bids for the installation of approximately 300 feet of 12- inch and 18-inch sanitary sewer pipe along with stream bank stabilization. Any questions concerning the bidding process should be addressed to Andrea Foren, City of Fayetteville Purchasing Agent, at aforengci.fayetteville.ar.us or by calling (479) 575-8220. Bids shall be submitted in a sealed envelope or package labeled"Bid 13-38, CONSTRUCTION OF FEMA PROJECT—LOCATION 22 SANITARY SEWER." All bids shall be received before 10:00 AM,local time on Tuesday,July 16,2013 to the City of Fayetteville, Purchasing Division—Room 306, 113 W Mountain, Fayetteville,Arkansas 72701. A non-mandatory pre-bid meeting will be held on Tuesday,July 9,2013 at 10:00 AM, local time at Fayetteville City Hall, 113 W. Mountain, Fayetteville, AR, room 326. Bidding documents and plans must be obtained from by contacting the City Purchasing Division. Documents are available via e-mail. Plans can also be reviewed at the Fayetteville Purchasing Division, as listed below. City of Fayetteville,Arkansas Purchasing Division—Attention: Andrea Foren 113 W. Mountain, Suite 306 Fayetteville,AR 72701 Phone: 479.575.8220 E-Mail: aforen&i.fayetteviIle.ar.LIS All bidders need to register as a plan holder with Andrea Foren via e-mail or phone. Failure to register as a plan holder can result in bid rejection. For information concerning the proposed work, contact Shannon Jones, P. E. at shjones@ci.fayetteville.ar.us or by calling (479) 444-3452. Each bid shall be accompanied by a cashier's check or corporate bid bond, in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond, file marked by the Washington County Circuit Clerk's Office, is required with a contract awarded amount of$20,000.00 or more. A State of Arkansas Contractor's License is required for any bid exceeding $20,000.00. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to 0020.doc I Water,Sewer and Solid Waste Committee Agenda Page 21 of 47 subcontract portions of their contract to qualified small, minority and women business enterprises." This project is subject to federal Davis-Bacon Act prevailing wage rates. Copies of certified payrolls shall be submitted with each pay request. The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty days from the bid opening date. CITY OF FAYETTEVILLE, ARKANSAS By: Andrea Foren, CPPD, CPPB City of Fayetteville, Purchasing Agent Ad Dates: 6/26/2013 and 7/3/2013 END OF SECTION 0020 0020.doe 2 Water,Sewer and Solid Waste Committee Agenda Page 22 of 47 SECTION 0310 BID PROPOSAL LOCATION: CITY OF FAYETTEVILLE,ROOM 306 113 W.MOUNTAIN FAYETTEVILLE,AR 72701 DATE: July 16,2013 at 10:00 a.m.LOCAL TIME Proposal of: Address: Bid For: CONSTRUCTION OF FEMA PROJECT—LOCATION 22 SANITARY SEWER Bid Submitted to: The City of Fayetteville Andrea Foren,Purchasing Agent—Room 306 113 W.Mountain Fayetteville,AR 72701 BIDDER will complete the Work for the unit prices as listed in the Bid Form. Total Base Bid as outlined on Bid Form: S Amount in Words Figures The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents. BIDDER accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. 0310.doc I Water,Sewer and Solid Waste Committee Agenda Page 23 of 47 BIDDER accepts all of the terms and conditions of the Information for Bidders, including without limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for sixty (60) days after the day of Bid Opening. BIDDER will sign the Agreement required by these Contract Documents within ten (10) days after the date of CITY OF FAYETTEVILLE'S Notice of Award. In submission of this BID, BIDDER represents, as more fully set forth in the Agreement, that BIDDER HAS EXAMINED ALL CONTRACT DOCUMENTS (including but not limited to Invitation to Bid,Information for Bidders,and Supplemental Information for Bidders) and the following ADDENDA: Failure to list all necessary Agenda issued by the CITY OF FAYETTEVILLE or the ENGINEER could mean the BID submitted by the BIDDER may be deemed unresponsive and not read publicly. In submission of the BID, BIDDER represents, that they have examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. In submission of the BID,BIDDER represents,that this BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The BIDDER represents that they have not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. The BIDDER represents that they have not solicited or induced any person, firm or corporation to refrain from bidding and have not sought by collusion to obtain for themselves any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE. All terms used in the BID are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this BID FORM is the required Bid Security in the form of a Corporate Bid Bond or Cashier's Check in the amount of five(5) percent of the Total Bid Amount. Start of Construction, Contract Completion Time, and Liquidated Damages are stated in Document 0500 - Contract. 0310.doc 2 Water,Sewer and Solid Waste Committee Agenda Page 24 of 47 TAXES The BIDDER agrees that all federal, state, and local sales and use taxes are included in the stated bid prices for the work. Signature Title INSURANCE AND BONDING REQUIREMENTS The BIDDER hereby acknowledges that he/she has read and understands the performance bond, payment bond, and insurance requirements for this project as specified in the General Conditions. If awarded a construction contract, the BIDDER agrees to furnish the required bonds and insurance certificates within fifteen (15) days of the date the award is made. Signature Title MEASUREMENT AND PAYMENT The Bidder hereby acknowledges that he/she has read and understands Section 0900 - Measurement and Payment completely prior to completing this Bid Form. Signature Title The BIDDER agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The BIDDER agrees that the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. 03to.doc Water,Sewer and Solid Waste Committee Agenda Page 25 of 47 BIDDER submitting this BID is: ❑ A Corporation, incorporated in the State of ❑ A Partnership,consisting of the following partners,whose full names are: ❑ An Individual whose full name is: General Contractor(Firm Name) Signed By Title Date Address Telephone Number&Fax Contractor's License Number 0310.doc 4 Water,Sewer and Solid Waste Committee Agenda Page 26 of 47 SECTION 0310- BID PROPOSAL Item Approx. Unit Price In No. Item Descriptio Oty. Unit Figures Total 1 Mobilization l LS dollars $ $ 2 Trench & Safety Systems I LS dollars $ $ 3 Erosion Control 1 LS dollars $ $ 4 12" SDR-26 PVC Sewer Pipe 61 LF dollars $ $ 5 18" DIP Sewer Pipe, Protecto 401 Lined 206 LF dollars $ $ 6 30" Diameter Steel Encasement, Direct Bury 42 LF dollars $ $ 7 48" Diameter Manhole 2 EA dollars $ $ 8 48" Diameter Manhole, Extra Depth 14 VF dollars $ $ 0310.doc i Water,Sewer and Solid Waste Committee Agenda Page 27 of 47 SECTION 0310- BID PROPOSAL Item Approx. Unit Price In No. Item Description City. Unit Figures Total 9 Connect to Existing Manhole and Plug Existing Line 2 EA dollars $ 10 Concrete Pavement/Sidewalk 12 SY rAill,un $ $ 11 Fence Repair/Replacement 25 LF dollars $ $ 12 Abandon Existing Manhole 2 EA dollars $ $ 13 Plug and Remove Existing Sewer Line Stream Crossing I LS d<nar,. $ 14 Topsoil / Sod /Landscape Replacement I LS dall;vs ;� $ 15 Acceptance Inspection by CCTV 267 LF dollars Total Bid $ 0310.doc 6 Water,Sewer and Solid Waste Committee Agenda Page 28 of 47 SECTION 0500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 20,by and between the CITY OF FAYETTEVILLE and NAME OF CONTRACTOR. 1. The CONTRACTOR shall commence and complete all Work as specified or indicated in the Contract Documents.The WORK is generally described as follows: FEMA PROJECT—LOCATION 22 SANITARY SEWER 2. The CONTRACTOR shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 60 calendar days. The CONTRACTOR shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of$500 for each calendar day thereafter that the WORK is not complete. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. 5. The tern CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Proposal 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and Contractor 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual 5.13 Addenda Numbers XX to XX . 5.14 Change Orders 6. The CITY OF FAYETTEVILLE shall pay the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 0500.doc I Water,Sewer and Solid Waste Committee Agenda Page 29 of 47 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. MISCELLANEOUS 8.1. Terms used in the Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents 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. 8.3. City of Fayetteville and Contractor each binds itself, it 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. 8.4. 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 stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. 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. 8.6. Freedom of Information Act. 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. 8.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to Contractor. All portions of the 0500.doc Water,Sewer and Solid Waste Committee Agenda Page 30 of 47