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HomeMy WebLinkAbout2009-03-19 - Agendas ay-Me 111 e WATER/SEWER COMMITTEE AGENDA M1NS PS Meeting Date of March 19, 2009 COMMITTEE: Chairman Kyle Cook; Aldermen: Adella Gray, Robert Rhoads, Sarah Lewis COPY TO: Mayor Lioneld Jordan, Sondra Smith, Don Marr, Paul Becker, Chris Brown, Jeremy Pate, Tom Hubbard, Lynn Hyke, Shan n ones, Peggy Bell, OMI FROM: David Jurgens, P. E., Public Utilities Director r A meeting of the Fayetteville Water and Sewer Committee is p nned for March 19, 2009, at 6:00 PM, in room 111, Fayetteville City Hall. Proposed topic include: 1. Water/Sewer Revenue Bond discussion led by Dennis Hunt, Stephens, Inc. The bond issue is proposed to finance the costs of(1) water and sewer relocations and concurrent construction of a 36" water transmission main associated with the AHTD Highway 265 widening from Mission to Joyce Boulevard; (2) water and sewer relocations associated with the AHTD Highway 16 widening from College Avenue to Stonebridge Road; and (3)water and sewer relocations and/or replacements associated with other street improvement projects. 2. WSIP U date. Contract Description Contractor Cost % Complete WL-1 &3 Porter- Hamestring & Old Wire-GreggOscar Renda 1 $ 7,186,957 100% WL-2 North St-Po lar-Gregg Gravity Line T-G Excavating $ 4,433,820 100% WL-3 Porter- Hamestring & Old Wire-Gre Combined contract with WL-1 100% WL-4 GreggAve- Hamestring LS Gravity Line Oscar Renda $ 10,970,164 100% WL-5 Force Mains Hamestrin -West Plant Garrey Const $ 4,752,287 100% WL-6 Hamestring Lift Station Brasfield & Gorrie $ 7,082,133 100% WL-7 GreggAve Lift Station Crossland Heavy $ 1,527,000 100% WL-9a Tieover-Critical Items OMI $ 65,000 100% WL-9 Tieover- Non Critical Items Goodwin&Goodwin $ 1,546,400 23.82% WL-10 Farmington Gravity Line Redford Const $ 335,967 100% WL-10a Farmington Gravity Line In Town Portion Gamey Const $ 1,664,231 ConstBe an11 Feb WL-11 Farmington Force Main Gamey Const $ 1,367,314 100% WL-12 Farmington Lift Station JL Bryson $ 1,703,216 100% EP-1 Noland Wet Weather Improvements Wilson Brothers $ 1,336,886 100% EL-1 Mally Wa non Lift Station and Force Main Garney Const $ 1,398,357 100% EL-2 Happy Hollow—Noland WWTP 42" Gravity Rosetta Const $ 10,464,082 100% EL-3&5 Razorback- Happy Hollow 36/42" Gravity S J Louis Const $ 5,253,795 28% EP-2 Noland WWTP Renovation Archer Western $ 14,836,631 100% EP-3 Noland WWTP Aeration, Clarifier Work Crossland Heavy $ 2,439,646 52.8% EP-4 Noland WWTP Oxygen Injection BluelnGreen $ 66,460 100% WP-1b Broyles Road Construction Crowder Const $ 3,826,874 100% Bio-1 Biosolids Processing In design by staff $ 5,500,000 In design BWD-1 Geos ntec Consulting Geos ntec $ 199,883 99% WP-2b Wetlands Mitigation, WWTP Site Multiple Contractors $ 3,297 100% WP&L BP West Side WL-6 &WP-3 Backup Power PowerSecure $ 1,986,897 100% WP-3 Elec Electric Line Relocation, Broyles Rd Ozarks Electric $ 264,818 100% W13-3 West Side WWTP Construction Brasfield & Gorrie $ 60,936,574 100% Project is substantially complete, meaning the work can be used to execute its mission. a. Biosolids Handling design is underway. Alternatives are still being evaluated as they arise. We are communicating with NACA, as they also have a biosolids evaluation underway. b. American Council of Engineering Companies recognized two WSIP projects for design excellence. EL-2, the 42" gravity line from Happy Hollow to the Noland WWTP, submitted by Garver i W&S committee agenda I9MarO9 Engineers, received an honorable mention. The West Side WWTP's design was selected for the Grand Conceptor Award above entries submitted by top engineering firms from throughout the State of Arkansas in all categories of engineering. The award, submitted by McGoodwin, Williams and Yates, recognizes engineering achievements demonstrating the highest degree of merit and ingenuity. The event program is attached. c. Corps of Engineers Permit for the West Side WWTP Outfall has been closed out. d. WSIP Construction Schedule & Cost Update will be distributed at meeting. 3. Highway 265 Water/Sewer Relocations and 36" Water Line Engineering work is being executed by McClelland Consulting Engineers. This contract is for the design, AHTD coordination, easement identification and description, and bidding work required for the project, which includes utility relocations and installation of the 36" and 24" water lines. This project will be a cost share with the AHTD. The City's portion is intended to be funded with Water/Sewer revenue bonds; the bond issue will be processed in the next few months. We are intending to bid the first phase of this project, a 36" transmission main along Township between Old Wire and Highway 265, so construction can be completed this summer while school is out. 4. Sanitary Sewer Rehabilitation Project Update. a. Basin 15 and minisystems 2, 5, 6, and 13A manhole rehabilitation contract work by Kim Construction in the southern and Hamestring areas of Fayetteville is complete. Change Order# 1 is attached, reconciling and completing the contract, reducing the amount by$58,868.60. b. Insituform Sewer Pipe Lining Term Contract work is complete for the 2008 work order for 8,725' of 6" — 12" cured in place lining. c. Minisystems 5, 6, 13A, 20 and 32 sanitary sewer evaluation study (SSES)flow monitoring, inspecting approximately 810 manholes and 175,000 feet of sewer mains is underway and should be completed in Feb 09 by RJN ($395,109). The work began in May 08 and is completed except for the airport area, which had to be retested. A draft report should be available within 14 days. 5. Underground Storage Tank Removal contract with Pollution Management, Inc. for removal of the four remaining fuel storage tanks at the Noland WWTP for$19,680, with a $5,000 contingency, is attached. The project includes removal of four tanks: 1000 gallon unleaded, 2000 gallon diesel, 6000 gallon diesel, and 6000 gallon diesel. The City received 4 responsive bids on March 12, 2009. Pollution Management, Inc. $19,680.00 MiD-America Environmental Solutions $21,875.00 Cobb Environmental & Technical Services, Inc. $25,280.00 Ark-O Petroleum Equipment Co. $27,789.00 Pollution Management, Inc. is a licensed underground storage tank contractor with the ADEQ and submitted a very detailed site specific work plan for permanent closure and removal. Staff requests this item be forwarded to the full City Council for approval. 6. Farmington Wastewater Agreement Addendum is being discussed to make the agreement consistent with the updated WSIP costs and to incorporate impact fees. 7. Water and Wastewater Capital Project Team information packet will be distributed at the meeting. 8. OMI Ice Storm Expenses for immediate emergency response and four weeks of operations of the West Side WWTP debris disposal site is being evaluated. This may require an out of scope agreement and/or amendment to the existing contract. 9. Illinois River Watershed Proposed Phosphorous Limit by USEPA Region 6 for NACA is being set at 0.1 parts per million (ppm) phosphorous effective June 16, 2012. The West Side WWTP limit is currently 1.0 ppm. Correspondence between Region 6, the director of ADEQ and Congressman Boozman (attached) indicate Region 6 intends to place this limit on all NPDES 2 W&S conmittee agenda 19Mar09 permits that will be in effect after that date. The Fayetteville permit come up for renewal in 2010 and would be impacted by this new permit limit, requiring modifications to the treatment process. 10. Water/Sewer Committee Meeting is planned for Tuesday, April 14, 2009, 5:30, room 326, following the Agenda Session. Attachments: 2009 ACEC Awards Program Kim Construction Change Order# 1 Underground Storage Tank Removal contract Letter from ADEQ to USEPA Region 6 Letter from USEPA to Congressman John Boozman 3 W&S committee agenda 19Mat09 ■ > ■ �� 2.�•. v � v m e m f7 F R � .� S o D m � o ■ m .0 /^, ■ �� < ° $ F �] � a � Fan m oCD •^� 14 cu W N re re ■ ■ ■ ■ a � '� CT] C� N y Q 5; ❑ m m o d 3 " rn 5. 7J rC N ° v n 9 s d n ° 3 ■ rD (nD r. ■ ■ N �.. ■ ■ R cn . ■ ■ n o rob o < b fD D < c J c rt "m' ■ ■ n S� T 2. n d y d G m V K ry ■ ■ m N Y ^ W O J N a N ^ N T n c00a3 `S° 3m ERItp- . m 'm 7' e <, 00' 0- �n � m � v =R ;�`< ■ ■ , o N a ?; m o •n "� N S Y N w n• o. = � G. S � m '°^ dH' m m' 02 -a d a "• v; T °', vd, c o � _ � a � ° m n p J k S °^ � w c �, N D a ■ ■ 3 �, o °^ .a. n y v m m K. n ■ ■ .nd. ywAHoa. a o � � .o3 . m3 � Dn`m a ^ �• c a z " D m H o W, 3 g o o ,°, J J o n c 01 �' o 0 o m o J o o w d o'o, m ■ u V C T n• D wJ.6 D (� T d �' m O' ^ m m G O m Tan•3 n D d ■ 'A O N m W d n rt O H ^ ^ d ^ a N n y •o D c N !0 ;�. m yN o °.^ rv ° n N m J o N N 'r ■ H N R7' on � n � nm7 � a `m° < nooNlm °, `nD' �°T � � $ > Ntiog °• �' S n °c N d a y r °WN o '< 70 a '0 is < a n T ° n 'm > Ig o m n' – T N ga D ■ ■ ■ V Orn A m m m3 m m d m � v m m m Q G)y aJ - da'e V o '� mm >• � m ^. O y � r°iim ¢ x 'O nO 9 pZ baa 3 addm ; °' w. Nyn mw3am »� 3 S� 3 m m l mNm J3 m oma > mm > m i I :CID 7 jmOm c mmnam mn o a ; m aagm y M a3 O m^ v ma � aFS D x N moon ^ odd 000^ > f m m .� 3 m N J �• N N '7 � m W Q ?m d_ m Z O N w n. Ny 'F N Q N N N m m a 0 y m 4 • '�� !�. air •. // • `fir AV as 4 1 .0 vo aye ev 1e AaKAN5A' Mayor's Approval CONTRACT REVIEW MEMO To: Mayor Lioneld Jordan Fayetteville Sewer Committee Thru: David Jurgens, Water and Wastewater Director From: Shannon W. Jones, Water and Wastewater Engin r Date: 18 February 2009 Subject: Approval of Change Order # 1 to the construction contract with Kim Construction Company, reducing the amount of the contract$58,868.60, for Manhole Rehabilitation, Basins I-15, W-02, W-05, W-06, & W-13. This is the final reconciliation change order for a net savings of the entire project. RECOMMENDATION Staff recommends approval of Change Order # 1 to the construction contract with Kim Construction Company, reducing the amount of the contract $58,868.60, for Manhole Rehabilitation, Basins I-15, W-02, W-05, W-06, & W-13. This is the final reconciliation change order for a net savings of the entire project. BACKGROUND The project included rehabilitation of 373 manhole covers and frames, re-sealing of 546 manhole frames and grade adjustments, 183 vertical feet of grade height adjustments, 37 wall joints to be pressure grouted, 292 benches, troughs, and lower 18" of manholes to be pressure grouted, 582 manhole inserts, cementitious coating of 245 manholes, and 31 complete manhole replacements. All work was performed to the City's satisfaction with an overall savings of approximately $58,868.60. DISCUSSION This change order reconciles all unit quantities and closes out the contract. BUDGETIMPACT The $58,868.60 will be returned to the overall Sanitary Sewer Rehabilitation project. Kim COI CC Memo Feb09 6 Change Order No. I Page I of 2 RECONCILIATION CHANGE ORDER City Contract# 2032 Schedule City Resoultion# 25-08 Date 2/17/2009 CityJProject No.: 02017-0601 Project Name: Manhole Rehabilitation,Basins I-15,W-02,W-( Location: Fayetteville,Arkansas Owner: City of Fayetteville Contractor: Kim Construction Company Address: 113 West Mountain Address: P.O.Box 276 Fayetteville,AR 72701 Steger,IL 60475 THE FOLLOWING CHANGES ARE HEREBY AMENDED INTO THE CONTRACT PLANS AND SPECIFICATIONS: ITEM# DESCRIPTION DECREASE INCREASE I Change Order to reconcile construction quantities See Attached for Cost Breakdown -$58,868.60 TOTAL DECREASE AMOUNT -$58,868.60 TOTAL INCREASE AMOUNT $0.00 NET CHANGE ORDER -$58,868.60 ENGINEERS FINAL CHANGE TO CONTRACT AMOUNT: TOTAL AMOUNT ELIGIBLE AMOUNT Original Contract Amount $S50 L 102 00 $1,501,102.0 Total Previous Change Order(s) $0_00 SO.00 Net Amount This Change Order -$58.868.60 -$58.868.60 TOTAL CONTRACT AMOUNT TO DATE $1.442,233 40 $1,442,233.4 CHANGE TO CONTRACT COMPLETION DATE: Original Completion Date ' Previous Adjusted Completion Date (Increase)(Decrease)This Change Order Calendar Days NEW CONTRACT COMPLETION DATE: RECOMMENDED: McClelland Consulting Engineers Construes' n Observer �J Signature Title Date RECOMMENDED: RJN �JEngin BY: Wae-'C / p -A .gC„ RES ' ,CMI V I� Signature Tit# ! Date ACCEPTED: Kiln Construction Com any f} BY: on ac I � Signature v Title Date APPROVED: CITY OFFAYETTEVILLE er /f� `/ BY: �'' A D✓ r/ C 'gnalure —� Title Date 7 Cost Breakdown for Change Order Quantities Adjusted Item Description Adjust Contract Unit Unit Cost Original Adjusted +/- Amount 1 Replace MH Frame/Cover EA $270.00 256 373 117.00 $31,590.00 2 Install Bolts EA $1.00 12 0 -12.00 -$12.00 3 Seal Frame&Grade Adj(Paved) EA $1,350.00 263 268 5.00 $6,750.00 4 Seal Frame&Grade Adj (Non-Paved) EA $775.00 262 278 16.00 $12,400.00 5 Concrete Grade Adjustment Rings VF $20.00 200 183.24 -16.76 -$335.20 6 Flattop for Grade Adj EA $650.00 30 7 -23.00 -$14,950.00 7 Pressure Grout MH Walls EA $800.00 18 37 19.00 $15,200.00 8 Pressure Grout Lower 18" EA $500.00 298 292 -6.00 -$3,000.00 9 Replace Bench&Trough EA $800.00 2 8 6.00 $4,800.00 10 Repair Pipe Seal EA $600.00 3 9 6.00 $3,600.00 11 Furnish&Install Insert EA $45.00 650 582 -68.00 -$3,060.00 12 Apply Cementitious Coating EA $880.00 243 245 2.00 $1,760.00 13 Apply Epoxy Coating EA $2,000.00 1 12 11.00 $22,000.00 14 MH Replacement Partial(VF) VF $700.00 48 0 -48.00 -$33,600.00 15 MH Replacement Complete EA $7,600.00 36 31 -5.00 -$38,000.00 16 Additional VF of MH Replace>6 VF $780.00 76 47.33 -28.67 -$22,362.60 17 Additional pipe,Complete in Place LF $160.00 300 82.82 -217.18 -$34,748.80 18 Photo Documentation LS $1,500.00 1 1 0.00 $0.00 19 Trench Safety LS $15,000.00 1 1 0.00 $0.00 20 Rock Excavation CY $150.00 50 4 -46.00 -$6,900.00 Total Contract Change -$58,868.60 8 City Council Meeting of April 7, 2009 CITY COUNCIL AGENDA To: Fayetteville City Council Thru: Mayor Lioneld Jordan Fayetteville Sewer Committee Don Marr, Chief of Staff David Jurgens, Water and Wastewater Director From: Shannon Jones, Water and Wastewater Engineer ,S5 Date: March 16, 2009 Subject: Approval of Bid #09-21 for a construction contract with Pollution Management, Inc. in the amount of$19,680.00 with a contingency of$5,000.00 for removal of underground storage tanks at the Noland Wastewater Treatment Facility. RECOMMENDATION Staff recommends approval of Bid #09-21 for a construction contract with Pollution Management, Inc. in the amount of$19,680.00 with a contingency of$5,000.00 for removal of underground storage tanks at the Noland Wastewater Treatment Facility. BACKGROUND The project includes removal of four(4) underground storage tanks, 1000 gallon unleaded, 2000 gallon diesel, 6000 gallon diesel, 6000 gallon diesel at the Noland Wastewater Treatment Facility. DISCUSSION The City received 4 responsive bids on March 12, 2009. Pollution Management, Inc. $19,680.00 MiD-America Environmental Solutions $21,875.00 Cobb Environmental &Technical Services, Inc. $25,280.00 Ark-0 Petroleum Equipment Co. $27,789.00 Pollution Management, Inc. is a licensed underground storage tank contractor with the State of Arkansas Department of Environmental Quality. They submitted a site specific work plan for underground storage tank permanent closure and removal in accordance with the bid documents. Review of the work plan indicates they did a thorough investigation of the sites where the tanks are located and are qualified to complete the work. BUDGETIMPACT Funds are available within the project budget. 9 FJib ,If w,:in tiJli o o a oLLJ M wuxp� i,Q '?!f 46 w 4 ° ro O�M.� %3! o ^, t1lfi;ukll:�� R VNI �ili u: �lll i�i(i,ll �" ::�L�'I�Jji�?I •CN iV��i:fliF! N Z yd�V.�P R VI j�ljN y d o��i6is' a E Irj7'i;;!j Z N d W r O x U N a sl., ,�,� c a,;4 m u g a IdkP� d W N ilia' ,: J ( I.g�;!i CL oiS a Z J '4i+if•P I+ C 41 a O 'h{f';IG 14 3 c m e E W r:itl1`�, to ° LL c r J LL ij �ffii; Ouj CD v oo20 rF iii d W O $ U O N Q. liii O 0 a O IiIF !�iy! AL J2 �_ U O p W m M N U i;,� Q (,1 '� n. U U R Z rlja.:t4�f r N M tt 10 SECTION 00310 BID PROPOSAL LOCATION: CITY OF FAYETTEVILL E ROOM 306 113 W.MOUNTAIN FAYETTEVILLE AR 72701 DATE: March 5,2009 at 2:00 p.m.LOCAL TIME Proposal of:� MUST :&U Bid For: UNDERGROUND STORAGE TANK REN1017AL Bid Submitted to: The City of Fayetteville Andrea Foreu,Purchasing Agent—Room 306 113 W. Mountain Fayetteville,AR 72701 BIDDER will complete the Work for the unit prices as listed in die Bid Form. Total Base Bid as outlined on Bid Form: Ktu�T ti4 TNovS D 5tx Ao"M '0 140(c�� $ I9(¢ / oa Antountin Words Figures The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with CPTY 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. (10310.dm t 11 BIDDER accepts all of the terns 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 tell(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 Advertisement, Invitation to Bid and the Information for Bidters) and the following ADDENDA:—BAA Ul —enA „, # , (�� Failure to list all necessary Agenda issued by the OWNER or the ENGINEER could mean the BID submitted by tine 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, fine or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. Time 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 fiom bidding and have not sought by collusioa)to obtain for themselves any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE, All terns 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 Certified Check in the amount of five(5)percent of the Total Bid Amount. 00310.doc 2 12 BIDDER submitting this BID is: A Corporation, incorporated in the Slate of A Partnership,eonsisting of the following partners,whose full names are: An Individual whose fall name is:_ �_� _T__o_w_ rT1onl MAMA-6EM-HT1lik General Contracto'(Finn Name) sigi d lay SIJ Y 5c6TT Title -3-t2-0c1 Date �4 a(a t" � 4I7- Bts-r- Address _ 1�'15y-'1131 �►-4- _ �1�- '7�D �'113�( �x Telephone Number&Fax GL' 4,oo I cm 009 _, � �Db23(o Contractor's License Number 00310.doc 3 13 SECTION 00310-BID PROPOSAL Item Approx. Unit Price In No. Item Desa'intion Qly-, Unit Fi>ures Total I Maintenance Building- one 1,000 gallon diesel &one 2,000 gallon gasoline I Ls I, 60 oc 5t�TNf1dSAt )i NeFhlsLA266e�6 ;,,, �,`���t 0$, 2 Generator Fuel Tank Near Entrance-one 6,000 gallon diesel I I'S 3 Equipmeut Bam - one 6,000 ballon diesel I LS ae r- o-0 51� ts � �tv�IWtsD(tp form � .,, lot5�fl, $ ittra� 'rNwsc�xcJ stx +waas�t Total Base Bid in Words Total Base Bid in Figures V 1 t1G�0 O� END OF SECTION 00310 5 14 SECTION 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND POLLUTION MANAGEMENT, INC. THIS AGREEMENT is dated as of the day of in the year 2009 by and between the CITY OF FAYETTEVILLE and POLLUTION MANAGEMENT, INC. 1. The POLLUTION MANAGEMENT, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: UNDERGROUND STORAGE TANK REMOVAL 2. POLLUTION MANAGEMENT, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. POLLUTION MANAGEMENT, 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. POLLUTION MANAGEMENT, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of$200 for each calendar day thereafter that the WORK is not complete. 4. POLLUTION MANAGEMENT, 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 Pollution Management, Inc. 5.7 Performance and Payment Bond 5.10 General Conditions 5.13 Prevailing Wage Rates 5.14 Notice of Award 5.15 Notice to Proceed 5.16 Project Manual for Underground Storage Tank Removal S.18 Addenda 5.19 Change Orders 00500.doo 1 15 6. The CITY OF FAYETTEVILLE shall pay POLLUTION MANAGEMENT, 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 Pollution Management, Inc. 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, Pollution Management, Inc. 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. 00500.doc 2 16 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and POLLUTION MANAGEMENT, 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 Pollution Management, Inc. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Pollution Management, Inc. or identified by Engineer on their behalf. OWNER CONTRACTOR CITY OF FAYETTEVILLE POLLUTION MANAGEMENT,INC. BY BI' 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 POLLUTION MANAGEMENT, INC. is a corporation, attach evidence of authority to sign.) oosoo.doc 3 17 Sr ONE �\ n 1�� t Q�ei��/\i •1 .- ��f r� \ ��d i �., `� d�+cQ1l� � .............. €I 7 • • is�p�y , �I • ♦ ♦ A y Iqi ♦ ♦ • A • ♦ j 1�I A S• 1l ♦ \� a� A[► ti ♦ w k � \ •I \Y f _ � y S Q; �r •• „QI s � � `V ✓'JC" d� Of y �.�K., �.c I .mJ' y� Y'�' Gyrn $� rby~!l� f��i 'IVjJO' �"�iT��•FYr/�''�7 '�,`� i�'�" � ����` 5 �../EU � G �. w" �'�ir�s��''A�rv✓�di,�lJI'.�������es�i,.a ` ����o�r£��z?e�� c Mar 17 09 10: 25a Janet Sampier 479-636-4034 p. 6 IS 12 A R K A N S A S Department of Environmental Quality February 13,2009 Mr. Lawrence E. Starfield Acting Regional Administrator United States Environmental Protection Agency Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 Re: NPDES Pen-nit Number AR0050024-NACA Dear Mr. Starfield: The Department has reviewed EPA's letter dated January 16, 2009, raising specific objections to the preliminary draft NPDES permit for the Northwest Arkansas Conservation Authority (NACA), which proposes a discharge from a regional wastewater treatment plant to Osage Creek, a stream located within the Illinois River watershed. In its January 16 letter, EPA stated the objections to the permit would be withdrawn if the following conditions were satisfied: 1. The term of the permit will be for 5 years. An effluent limit of I mg/I total phosphorus (TP) will apply until June 15, 2012. Thereafter,the effluent limit will be set at 0.1 mg/l, unless subsequently reopened and modified based on new data; and 2. The permit will include appropriate upstream and downstream monitoring requirements for both TP and for Dissolved Oxygen (DO). By requiring a TP limit of 0.1 mg/1 after June 15, 2012, EPA places the single most stringent TP limit existing in the entire Oklahoma/Arkansas Illinois River watershed and places it on the smallest point source discharge to Osage Creek. EPA provided ADEQ with a total of two days notice for this unprecedented requirement, after taking 140 days to review the draft. On August 28; 2008, via email, the Department submitted the draft pennit to EPA for review. On October 10, 2008, EPA submitted a general objection to the permit and requested a 30-day extension for review. An email was sent by the Department granting the extension. On November 6, 2008, EPA submitted an "interim objection" to the permit. The Department responded on December 3, 2008. In December, at a meeting between EPA and Department personnel, EPA informed the Department that the permit would have to have an effluent limit of less than 1.0 mg/I for TP because technology exists to achieve a limit below 1.0 mg/l. ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 NORTHSHORE DRIVE/NORTH LITTLE ROCK/ARKANSAS 72118-5317/TELEPHONE 501-682-0744 /FAX 501-682-0880 19 Mar 17 09 10: 25a Janet Sampier 479-636-4034 p. 7 On January 14, 2009, the Department received a draft of EPA's specific objection letter and for the first time learned EPA was going to require a TP limit of 0.1 mg/l; a limit which is an order of magnitude lower than that proposed by ADEQ or contemplated by the Statement of Joint Principles and Actions entered into between Oklahoma and Arkansas in 2003. ADEQ responded to EPA by email on January 15, 2009, and forwarded a revised perrmit with an effluent limit of 1.0 mg/l for TP for three years. The following day, on January 16, 20091 the Department received EPA's final specific objection letter. This letter wholly failed to acknowledge receipt of the revised draft permit submitted to EPA on January 15. The revised draft we submitted to EPA m1 January 15 was a 3-year permit containing a TP limit of 1 mg/1 until June 15, 2012, recognition that the TP limits would be fully re-evaluated upon permit renewal, and the additional monitoring requirements for TP and DO specified by EPA in its January 16 letter. As you are aware, a permit must be effective for a fixed term not to exceed S years and it is clear that a permit may be issued for a shorter period of time. 40 CPR 122.46. Accordingly, this letter re-submits the revised 3-year permit in order to meet the specific objections contained in EPA's letter of January 16, 2009. ADEQ believes the enclosed permit satisfies EPA's two objections because: 1) it fully incorporates the additional monitoring requirements for TP and DO set out by EPA in its January 16 letter; 2) the effluent limit of 1 mg/l TP until June 15, 2012 was found acceptable to EPA in its January 16 letter; and . 3) there is no basis in law for mandating a five year permit. EPA acknowledged in its January 16 letter that the NACA facility is one contemplated by the terns of the Statement of Joint Principles and Actions; an agreement entered into between Arkansas and Oklahoma and facilitated by EPA. Because EPA facilitated the negotiation of this Statement, EPA is fully aware of its terms, including: 1) Oklahoma will reevaluate its TP criterion by 2012 "based on the best scientific information available at that time;" and 2) Oklahoma and Arkansas will reissue permits on a normal 5 year cycle with the understanding that permits issued in the year 2012 or beyond will include TP limits stringent enough to meet applicable water quality standards. ADEQ believes EPA unilaterally revises the terns of the Statement when it insists upon a permit being issued prior to 2012 with a phosphorus limit that is based on a water quality criterion which is to be re-evaluated and which ADEQ believes should be changed. The Statement of Joint Principles and Actions entered into by both Oklahoma and Arkansas, and acknowledged by EPA, was intended to provide a framework for thoughtful and scientific resolution of the issues involving the Illinois River watershed, including the discharge from the 1\ACA plant to Osage Creek. The Statement of Joint Principles and Actions requires a re- evaluation of Oklahoma's phosphorus criterion based on the best scientific information available. This re-evaluation is to be undertaken by 2012. Setting new, more stringent limits prior to fully 20 Mar 17 09 10: 25a Janet Sampier 479-838-4034 p. 8 evaluating the best scientific information available, as clearly contemplated in the Statement of Joint Principles and Actions, is precipitous and unwarranted. The fact that Oklahoma's criterion is to be re-evaluated is only one of two pivotal issues ill tile calculation of an appropriate TP limit for a facility discharging to Osage Creek. Of equal importance is consideration of the conditions existing in Osage Creek as determined by current data and sound science. Arkansas has continually contested EPA's assertion that Osage Creek is impaired due to total phosphorus and has consistently maintained that Osage Creek is meeting the State's narrative water quality standard found in APC&EC Regulation No. 2 The data collected pursuant to an assessment methodology mutually agreed upon by the Department and EPA shows that Osage Creek is not impaired for nutrients. An intensive two- year scientific study conducted by the Department showed that all designated uses for the waterbody were being met. Furthermore, the data continues to support this finding. Finally, a study funded by the cities of Springdale and Rogers is currently underway for the specific purpose of determining once and for all whether or not the designated uses in Osage and Spring Creeks are being met. This study is expected to be concluded at the end of this year. EPA unilaterally placed Osage Creek on the list of impaired streams. ADEQ has maintained that EPA reached this decision utilizing erroneous assumptions, a weight of evidence approach which is based on incorrect interpretations of data, and data which does not reflect current conditions in Osage Creek. We have continuously maintained EPA's error in listing this stream segment (see attached correspondence). We believe the comprehensive studies undertaken recently and to be completed shortly will provide the opportunity for ADEQ and EPA to reach agreement on the status of Osage Creek's impairment based on sound science and the actual conditions existing in Osage Creek. The Department believes the combined issues of whether Oklahoma's phosphorus criterion should be changed based upon the best scientific information available and whether or not Osage Creek is impaired for nutrients are two issues which must both be resolved before properly inforned decisions on the appropriate TP limits for point source discharges in Osage Creek can be made. "these two issues are not expected to be resolved before 2012. Regrettably, EPA has failed to recognize the numerous actions undertaken by Arkansas' agencies, cities, and other entities to address phosphorus and sediment issues in the Illinois River watershed. Water quality data collected to date by the Department in the Illinois River watershed, which includes Osage Creek, shows a clear downward trend. A forty percent (40%) reduction in total phosphorus has been achieved throughout the watershed. Cities in Northwest Arkansas have expended millions of dollars in upgrading wastewater treatment plants to voluntarily meet the I mg/1 TP limits agreed to in the Statement of Joint Principles and Actions. Arkansas has designated the watershed as a nutrient surplus area and non-point source waste management practices are being implemented. Additionally, a significant portion of the phosphorus from non-point sources is being transported out of the watershed. EPA encourages watershed-based planning. The Department agreed to produce a watershed plan in the Statement of Joint Principles and Actions. Unfortunately, the bi-state planning intended in the Statement was cut short by the lawsuit Oklahoma filed against poultry producers in Arkansas. Despite this setback, Arkansas has continued its efforts to address watershed-based planning through the Illinois River Watershed Partnership (at) Arkansas-based nonprofit 21 Mar 17 09 10: 26a Janet Sampier 479-636-4034 p. 9 organization). The Partnership is completing a watershed plan with the services of TetraTcch, the consulting firm that produced the Lake Maumelle Watershed Plan, The Illinois River Watershed Partnership is directed by a diverse group of citizens representing agriculture, business, conservation, construction, government and technical, research and education interests. Improvements in the watershed will continue even after,the Statement's term expires through the efforts of the Partnership, the Conservation Reserve Enhancement Program (CREP), which will contribute millions of dollars to the area to reduce sediment to streams in the Illinois River watershed, continued improvements in waste management in the nutrient surplus areas, and continued improvements to area facilities with point source discharges. Significant positive changes have resulted in the Illinois River watershed as a direct result of actions initiated by or fostered under the Statement of Joint Principles and Actions. ADEQ sincerely hopes EPA will adhere to the terms set forth in the Statement when evaluating the enclosed permit. We believe you will find that the enclosed permit fully comports with the terns of the Statement, and we hope EPA will agree that this revised permit satisfactorily meets the specific objections contained in EPA's letter of January 16, 2009. As you know, we have 90 days from the date of the specific objection letter to provide you with a revised permit which meets EPA's objections. In order to obtain a response from you prior to that deadline, we ask that EPA respond to the enclosed revised per-nit by March 26, 2009. If you have questions or require additional information, please feel free to contact me. Sincerely, / Teresa Marks Director Enclosures (5) ,,v/out Enclosures cc: Miguel Flores, Director, Water Quality Protection Division, USEPA Steve Drown, Chief, Water Division, ADEQ Ellen Carpenter, Legal Policy Advisor, ADEQ Jamie Ewing, Attorney Specialist, ADEQ Allan Gates, Mitchell, Williams, Selig, Gates, Woodyard Chuck Nestrud, Chisenhall, Nestrud & Julian John Sempier, Northwest Arkansas Conservation Authority Rene Langston, Executive Director, Springdale Tom McAlister, Utility Manager, Rogers Belva Plumlee, Wastewater Superintendent, Bentonville Dave Jurgens, P.E. Director, Fayetteville Trevor Bowman, P.E. Public Works Director, Siloam Springs 22 Mar 17 09 10: 24a Janet Sampier 479-636-4034 p. 2 J���Eo sr4>Fs UNITED STATES ENVIRONMENTAL. PROTECTION AGENCY w REGION 6 i 1445 ROSS AVENUE,SUITE 1200 02 DALLAS,TX 75202.2733 3F2rgc raosE°r FES 2 6 2009 The I-lonorable .lohn Boozman Member, United States House of Representatives 213 Nest Monroe, Suite K Lowell, AR 72745 Dear Congressman Boozman: Thank you for your letter of February 7, 2009, to our Water Quality Protection division director Miguel Flores concerning Northwest Arkansas Conservation Authority (NACA). In your letter, you requested information discussed in our January 22, 2009, conference call, which my staff provided in a letter dated February 5, 2009. This information included correspondence and resources providing the rationale for the proposed 0.1 mg/l total phosphorus (TP) limit, a list of sample facilities across the country that have been issued discharge permits requiring phosphorus limits of 0.1 mg/1, as well as other documents and resources requested in the call. My staff has compiled the information enclosed here to address additional concerns expressed in your letter of February 7, 2009. Thank you for your support and interest in helping protect the environment. I hope you find the information we have provided adequate. Should I be able to assist you further, please call me at (214) 665-2100, or your staff may contact LaWanda Thomas of my staff at (214) 665-7466 or Cynthia Fanning at(214) 665-2142. Sincerely yours, / awrence E.yours, Acting Regional Administrator Enclosure cc: Teresa Marks Arkansas Dept. of Environmental Quality John Sampier Northwest Arkansas Conservation Authority Recycled/Recyclable.Printed with Vegetable 01 Based Inla on 100%Recycled Paper(40%Posloonsumer) 23 Mar 17 09 10: 24a Janet Sampier 479-636-4034 p. 3 Additional Intbrnraion for I2ep. John 600zrnan on the Northwest Arkansas Conservation Authority (NACA) You expressed concern that NACA is being treated dillerewty than other parties to the Statement 0 Joint Principles and Actions signed Ur the States of Arkansas and Oklahoma it? 2003 (..the Agreement NACA is being treated no differently than the other parties to the Agreement. Throughout our discussions with the two States prior to the signing of the Agreement and in our Summary of Decision approving Oklahoma's 0.037 mg/I criterion for phosphorus, EPA emphasized the deadline for full implementation of the criterion is June 30, 2012. As of that date. the Clean Water Act (CWA) mandates that all point source dischargers in both Oklahoma and Arkansas comply with applicable water quality standards. This mandate applies to NACA, as well as the other dischargers specifically covered by the Agreement. Furthermore, it is consistent with our long-standing procedures for permitting a new discharger proposing to discharge into impaired waterbodies. It is true that permits have been issued to several of the facilities covered by the Agreement with the agreed upon phosphorus limit of i mg/l for the full five(5) year term of the permit. However, this was possible only because the full five (5) year term of the permit was within the I 0-year compliance schedule period ending on June 30, 2012. Any permits that will run beyond June 30, 2012, such as the one proposed for NACA, will be required to include effluent limits that comply with all applicable water quality standards as of that date. Although EPA is supportive of the Agreement signed by the two States as a positive step toward achieving compliance with water quality standards in the shared Oklahoma Scenic Rivers Watersheds, the Agreement does not supersede the requirements of the CWA. Under the CWA and 40 C.F.R. Part 122, National Pollutant Discharge Elimination System (NPDES) permits must include limitations sufficient to "[a]chieve water quality standards established under section 303 of the CWA, including State narrative criteria for water quality." 40 C.F.R. §122.44(4)(1). The Arkansas Department of Environmental Quality (ADEQ) has not demonstrated that a limit of 1 mg/1 TP for NACA is sufficient to achieve water quality standards. You also asked about the significance of IVACA being a new facility. 40 C.P.R. § 122.4 specifically speaks to permits issued to new facilities, such as NACA, which propose to discharge to impaired water bodies. Section 122.4(1) provides that "[njo permit may be issued ... [t]o a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards." Section 122.4 provides an exception for discharges into water bodies for which a Total Maximum Daily Load (TMDL) assessment has been performed, if the new discharger can demonstrate that 1) there are sufficient remaining load allocations to allow for the discharge, and 2) the existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable 24 Mar 17 09 10: 24a Janet Sampier 479-636-4034 p. 4 Letter to Rep. Boozman Pg. 2 of enclosure water quality standards. 40 C.E.R. § 122.4(i)(I) & (2). However, at this time, there is no TMDL applicable to NACA's proposed discharge. Because there is no TMDL, EPA interprets I22.4(i) to allow the issuance of permits to facilities, such as NACA, that propose to discharge a pollutant of concern into a water body listed as impaired only if the permit includes effluent limitations sufficient to meet water quality standards end-of-pipe, or if the discharger demonstrates that other pollutant source reductions will offset its discharge and result in a net decrease in loadings. Ifeither of these conditions is met, EPA feels comfortable arguing the discharge will not cause or contribute to a violation of water quality standards. With regard to NACA, which is required by the CWA to comply with Arkansas' narrative standard for phosphorus, as well as Oklahoma's 0.037 mg/k phosphorus criterion, EPA has determined that, based on available infonnafion, an effluent limit of 0.1 mg/k would meet water quality standards at the end-of-pipe. You asked for an explanation of the role of EPA vs. the State agencies in perinit issuance and reissztail ce. Under Section 402 of the CWA, states may be authorized to implement the NPDES permitting program for dischargers within theirjurisdiction. In Region 6, the States of Arkansas, Oklahoma, Louisiana and Texas have NPDES authorization. EPA still implements the program in New Mexico (Region 6), Idaho, Massachusetts, New Hampshire and Washington, DC. Once a state receives NPDES authorization, the state has exclusive authority to issue permits. In its oversight role, EPA reviews proposed state permits to ensure compliance with the CWA. If EPA determines that a proposed state permit does not comply with the requirements of the CWA, EPA may object to the permit. The process for EPA's objection to state permits is explained in detail in our Previous correspondence with your office. However, generally, if the state does not resubmit a permit modified to comply with EPA's objection, exclusive authority to issue the permit transfers to EPA. This division of authority between the federal and state governments applies to reissuance of permits as well. NPDES-authorized states have exclusive authority to reissue permits to facilities whose previous pen-nits have expired, and EPA reviews these Permits to ensure compliance with the CWA. However, regardless of whether EPA or the authorized state issues or reissues the permit, the CWA requires permit limits to be technology or water quality-based in accordance with applicable regulations. The 1 mg/1 phosphorus limit agreed to by the States of Arkansas and Oklahoma in the Statement of Joint Principles and Actions is neither a water quality nor a technology-based limit. It is a limit negotiated by the two States as an initial step toward achieving water quality goals, which was allowable only because of the 10 year compliance schedule included in Oklahoma's water quality standard for phosphorus. That compliance schedule expires on June 30, 2012, and as of 25 Mar 17 09 10: 24a Janet Sampier 479-636-4034 p. 5 Letter to Rep. Boozman Pg. 3 of enclosure that date, all dischargers, even those specifically covered by the Agreement, are required to comply with applicable water quality standards. You asked what negative consequences would ensue if EPA waited until the Osage Creek Water Quality Study is completed before determining the appropriate water quality limit post-2012. The CWA and 40 C.F.R. Part 122 clearly provide that no permit may be issued when the conditions of the permit do not provide for compliance with the requirements of the CWA or regulations promulgated under the CWA, do not ensure compliance with the applicable water quality requirements of all affected states, or, with regard to permits for new discharges, if the proposed discharge will cause or contribute to the violation of water quality standards. 40 C.F.R. § 122.4(a)(d) and (i). EPA believes there is sufficient data to demonstrate that a phosphorus limit of 0.1 mg/1 is required for NACA in order for the facility's discharge to meet applicable water quality standards, and that the CWA requires the facility to meet those standards upon the June 30, 2012, expiration of the 10- year compliance schedule. Thus, the CWA requires imposition of the 0.1 mp/l as of June 30, 2012. However, as stated previously, EPA is certainly willing to revisit the pert-nit limit if data obtained in the study indicate a different limit is appropriate. As mentioned in response to your first question, we reiterate that EPA's action with respect to the NACA facility is consistent with our long-standing procedures for permitting a new discharger proposing to discharge into impaired waterbodies. You asked to what degree, in numeric terms, the imposition ofthe 0.Img/I effluent limit on the AC40f facility would improve water quality in the watershed. Imposing a total phosphorus limit of 0.1 mg/1 would result in authorized loadings of 3.0 lbs per day of phosphorus to the receiving stream. At a 1.0 mg/1 phosphorus limit, the proposed facility would be authorized to discharge over 30 lbs/day of phosphorus. This is a ten fold increase in the daily loadings of total phosphorus to Osage Creek, a stream already impaired for phosphorus, which would add nearly five tons of phosphorus annually to Osage Creek. 26