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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.)
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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
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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
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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.
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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.
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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.
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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
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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 $ $
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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 $
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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.
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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
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