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2010-10-26 - Agendas
WATER/SEWER COMMITTEE AGENDA MEETING DATE OF OCTOBER 25, 2010 aye LdRa THE CITY OF FAYETTEVILLE,ARKANSAS Committee: Chairman Kyle Cook; Aldermen: Adella Gray, Robert Rhoads, Sarah Lewis Copy to: Mayor Jordan, Sondra Smith, Don Marr, P ul Becker, Lindsley Smith, Jeremy Pate, Chris Brown, Tom Hubbard, Lynn Hyke, Shannon Jai �s Peggy Bell, OMI, Will Winn, John Coleman From: David Jurgens, P. E., Utilities Director A Fayetteville Water and Sewer Committee meetin fill bA October 25, 2010, 5:30 PM (following City Council Agenda Session and Street Committee) in ro 326, Fayetteville City Hall. Proposed topics include: 1. Capital Proiect Update. Contract Description Contractor Cost %Complete WL-10a Farmington Gravity Line In Town Portion Gamey Const $ 1,732,251 100.0% EL-3&5 Razorback- Happy Hollow 36/42" Gravity S J Louis Const $ 5,387,098 100.00/6 CIPP Rehab-Cured in Place Pipe City Wide Insituform $ 330,000 Begin Nov Mt Sequo ah Area Wtr/Swr Upgrades LaRue Contr $ 997,629 100% 36"W/L 36"Water Line on Township Seven Valles $ 1,783,720 100% 265 W/S Relocation &36"Wtr Line, Hwy 265 Design, Easement Acquisition Underway WL-13 Broyles Avenue Gravity Lines Goodwin&Goodwin $ 800,523 70.1% WL-14 Broyles Avenue Force Mains Redford Construction $ 893,640 100.0% WL-15 Broyles Avenue Lift Station Seven Valles $ 583,897 92.5% BIO-1 Biosolids Solar Drying Dean Crowder $ 4,963,386 8.1% 13I0-2 Biosolids Thermal Drying Crossland Heavy $ 2,770,280 NTP 16 Nov -Canterbury 500,000 Gallon Water Tower C B& I Inc. $ 1,590,091 10.0% Project is substantially complete, meaning the work can be used to execute its mission. 2. Highway 265/Crossover Water/Sewer Relocation Easement Condemnation actions are underway. The Arkansas Highway and Transportation Department(AHTD) is planning improvements to Highway 265 (Crossover Road)from Mission Boulevard north to Joyce Boulevard. Due to AHTD's acquisition of additional right-of-way to widen the road, utility lines must be relocated outside of the expanded right-of-way. All proposed utility easements are adjacent to the new highway right-of-way and/or existing utility easements. City staff has been negotiating with land owners; easements have been acquired from 18 of 27 owners. The remaining owners have expressed various concerns and have refused thus far to sign easement documents. Although negotiations are still underway with several of the owners, the timing is such that we must proceed with the condemnation process in order to advertise the project. Owners of these remaining tracts are aware of the City's intent to turn any unresolved easement purchases over to the City Attorney to initiate the condemnation process. Negotiations will still continue until documents are filed. Details are attached. Staff requests this item be forwarded to the full City Council. Perm Temp Temp Tract Easment Easment Permanent Const # Property Owner Parcel# (ftp) UP) Easement Easement Total 2 Salmon Family Trust 765-04570-000 9,322 5,910 $ 4,665.00 $ 1,185.00 $ 5,850.00 765-04569-000 6 John A. &Linda L.Dominick 765-04565-000 3,603 1,987 $ 1,800.00 $ 400.00 $ 2,200.00 7 J.Andrew&Rebecca Baxter 765-25909-000 4,760 5,415 $ 505.00 $ 505.00 8 Murphy R.&Betty N.Taylor 765-13305-000 6,980 3,365 $ 6,110.00 $ 1,180.00 $ 7,290.00 10 John David Brown 765-13295-000 22,883 9,603 $17,165.00 $ 2,880.00 $20,045.00 12 Doug W.&Melonie Ramsey 765-21514-000 1,408 1,130 $ 1,760.00 $ 565.00 $ 2,325.00 13 Corey E.&Amanda Osborne 765-21515-000 2,573 4,229 $ 3,220.00 $ 2,115.00 $ 5,335.00 21 Daniel J.&Deborah Jo Wright 765-13276-000 13,102 8,185 $ 9,830.00 $ 2,455.00 $ 12,285.00 26 John R. &Rebecca Ann Rutledge 765-13249-070 1,092 1,156 S 685.00 $ 290.00 $ 975.00 Totals 65,723 40,980 $45,740.00 $11070.00 $56,810.00 1 W&S CommitteeAgmda250ct10.doc WATER/SEWER COMMITTEE AGENDA MEETING DATE OF OCTOBER 25, 2010 3. 2011 Wastewater Treatment Contract Amendment with CH21V! Hill Engineers, Inc. for$6,765,224 for operation, maintenance, management and engineering services for the City's wastewater treatment facilities and systems, and approving a $70,000 contingency, is attached. The scope of services provided by OMI include: (1) operate and maintain the Noland and West Side Wastewater Treatment Plants (WWTP); (2) operate and maintain 45 wastewater pump station sites; (3) administer the City's NPDES discharge, air, stormwater, and other permits; (4)manage the City's biosolids disposal program; (5) manage the City's industrial pretreatment program; (6)support the SCADA(supervisory control and data acquisition system) network that monitors water and wastewater facilities; (7) pursue operation economies, efficiencies, and permit compliance; and (8) participate in the construction and post-construction work of the Wastewater System Improvement Project(WSIP). In late 2009, the City underwent a rigorous selection process with three competitive proposals. The selection committee selected CH21V! Hill for a five year contract, which expires December 31, 2014. The 2011 contract amendment updates the scope of services from the 2010 contract, with evolutionary changes reflecting GASB requirements, the expanded wastewater system, updated regulatory requirements, and wastewater treatment related engineering services. To encourage cost saving operations, the contract contains an incentive provision whereby budget savings are distributed 87.5% to the City and 12.5% to CH2M HILL. The 2011 contract amendment reflects a $93,662 cost reduction from 2010, primarily due to reduced operations expenses. The contingency is requested to allow for potential expenses due to increased regulatory requirements with the new NPDES permits. Highlights of changes are below: 1) New USPEA NPDES discharge permits for both wastewater plants. 2) Biosolids drying process coming on line, reducing hauling and landfilling costs and possibly creating a new revenue stream. 3) Beaver Water District sludge land application process coming on line, increasing operating costs that are covered in full by the charges for the service. Staff requests this item be forwarded to the full City Council. 4. Wastewater Treatment Equipment Purchases. As we are issued new wastewater treatment permits, there are certain constituents in our water that we must test for more accurately than we can do with current equipment. a. Flow Injection Analysis instrument with chemistry manifolds for Total Phosphorus as Phosphate- P and Nitrogen as Nitrate plus Nitrite unit for the West Side WWTP, for$49,364.56, from HACH Company, bid #10-65. The bid tab is attached. The Flow Injection Analysis instrument with an in-line heating and sequential digestion unit is capable of performing analyses for total phosphorus, nitrogen as nitrate, and other cation and anion parameters. Based on preliminary input from the ADEQ, it is anticipated that the next NPDES permit for the West Side will contain requirements for Nitrate-Nitrite and may also contain the requirement of 0.1 mg/I Total Phosphorus. This instrument will provide the lab with the capability of analyzing for low level phosphorus and nitrate-nitrite in samples taken from within both wastewater treatment facilities. The City received one bid on October 20, 2010 from HACH Company for$49,364.56. The said bid meets the minimum specification requirements. Although there was only one bidder, the price is within the expected range. Staff requests this item be forwarded to the full City Council. b. Two Online Respirometers to measure wastewater activated sludge respiration rates for the each WWTF, bid 10-64, for a total of$46,431.25 including tax, from Challenge Technologies. The bid tab is attached. The City's two wastewater treatment facilities have different but significant vulnerabilities due to the flows they treat and their construction. The Noland WWTF, which carries as much as 50% industrial flow on low volume days, is very vulnerable to unpredictable biological treatment issues due to the density and challenges of industrial wastewater. The West Side WWTF has much more consistent residential and commercial wastewater, but has no effluent storage capability. For these two reasons, in-line wastewater analysis is key to identifying process issues as early as possible. This continuous or batch mode online analyzer is capable of measuring wastewater activated sludge respiration rates. The units will be installed at the wastewater treatment plant headworks to provide instantaneous characteristics of the incoming waste. They can also be moved to strategic locations within the plants as necessary to monitor for treatment anomalies. This instrumentation will help to provide forewarning of unusual waste strength or toxicity so that process adjustments or decisions can be made much more quickly than is currently possible, thus helping to prevent permit non-compliance and protect the biological treatment systems at both plants. The City received two bids October 22, 2010. The Challenge Technologies bid meets the minimum specification requirements. 2 W&S CommitteeAgmda250ct10.doc WATER/SEWER COMMITTEE AGENDA MEETING DATE OF OCTOBER 25, 2010 Challenge Technologies is a company that was born out of the University of Arkansas Innovation Center. Staff requests this item be forwarded to the full City Council. Manufacturer Price Challenge Technologies $ 21,250.00 Liquid Analytical Resource, LLC $ 45,000.00 5. Solid Waste Cost of Services. a. Cost of Service Comparison details will be distributed at the meeting. A detailed comparison shows our Solid Waste Division provides greater and more flexible service than any of the Cities polled, with a very competitive cost to our residential customers. b. Waiving 2011 Automatic Rate Adjustment for 2011 is recommended. Ordinance 4765 allows for annual adjustments of the residential trash rate equal to the consumer price index. This adjustment has been waived each year since January 1, 2008. Monthly residential rates, shown below, will remain unchanged. Residents receive trash, recycling, and yardwaste collection included with the monthly rate. 32 gallon cart- $ 8.75 64 gallon cart- $ 13.35 96 gallon cart- $ 18.96 Per the U.S. Department of Labor, the CPI adjustment for all urban consumers(CPI-U), U.S. city average reflects a 2.48% increase from August, 2009 to August, 2010. Continued cost cutting and improvements in the Solid Waste Division efficiency have allowed the Division to operate within the current rates, making this rate increase not required at this time. The Council packet is attached. Staff requests this item be forwarded to the full City Council 6. Solid Waste Commercial Container Parts Bid Waiver is attached. The Solid Waste Division has, in the last two years, undertaken repairing commercial steel containers in-house. A new 4 yard container costs$635; refitting the same container in-house costs $400. Additionally, we are eliminating the last 2 man rear load commercial trash route, and providing that service with a one man front load vehicle. This is the last step of a multi-year effort to convert all routes to one man pieces of equipment. The 2 yd dumpsters are being retrofitted in-house into commercial front load containers. We can convert a container in-house for approximately $180.00; a new container costs $475.00. Due to the volatility of steel prices and manufacturer's uncertainty of honoring bids, suppliers generally put 14—21 day time limits on quotes, as it is it impossible to guarantee the prices longer. If these materials must be purchased through the longer formal bid process, the City would pay higher prices to offset the suppliers' risk created by potential material price changes. Solid Waste containers are currently allowed a formal bid waiver through Ordinance 4952 approved November 21st, 2006. This ordinance only allows the bid waiver for the purchase of new containers; the proposed ordinance extends these same advantages from the containers to the parts required to rebuild the containers. All items shall still be competitively bid; this ordinance simply allows a faster quote-purchase time to reduce market impacts. Staff requests this item be forwarded to the full City Council. 7. Cellular Tower Agreements with Verizon/Alltel (Township water tower) and Sprint/Nextel, (Mt. Sequoyah water tower)are due for update. Contracts and information are attached. a. Verizon (Township Road water tower) contract amendment with Verizon (formally MSA and Alltel), is attached. The lease, originally established in 1994, was extended in 2008 and will come up for renewal in 2013. The current lease amount is $500.00 per month. This amendment clarifies the existing Verizon cell agreement to add security contact information and describes Verizon's on-site assets. Staff requests this item be forwarded to the full City Council b. Sprint/Nextel, (Mt. Sequoyah water tower)amendment to the agreement with Southwest PCS, LP, ( Sprint/Nextel)to continue the lease for the cellular antenna on the Mt. Sequoyah water tower is attached. The original 10-year agreement was approved 18 January 2000 for $2,500/month. The land is owned by the Mt Sequoyah Methodist Assembly. Per agreement, the Assembly receives (50%)of cellular antenna rent received for the site. This Amendment involves permitting two 5-year terms, the first 5-year term at a monthly rental rate of$2,750. Rent will increase at the inception of each Renewal Term by ten percent(10%). The tower is structurally designed to be able to handle the loads created by this antenna. Therefore, it is in the 3 W&S CommittmAgmda250ct10.doc WATER/SEWER COMMITTEE AGENDA MEETING DATE OF OCTOBER 25, 2010 City's best interests to allow this antenna to remain on the water tower. Staff requests this item be forwarded to the full City Council. 8. Biosolids Thermal Drying a. Thermal Drying construction contract for$2,770,280 with Crossland Heavy Contractors plus a 5% contingency of$140,000.00 is attached. The City currently hauls an average of 15 tractor trailer loads of biosolids weekly to either the Prairie View Landfill in Lamar, or the Ozark Ridge Landfill in Russellville. The Contract provides for the construction of one thermal drying unit at the Noland farm site, to dry biosolids from both wastewater treatment plants. The City received four bids on October 21. Bids submitted by Clinard Construction Management and VEI General Contractors were withdrew in accordance with the bid documents because they did not include sales tax on the drying equipment in their bid. Therefore, Staff recommends awarding the contract to the lowest responsible bidder, Crossland Heavy Contractors, Inc. Staff requests this item be forwarded to the full City Council Contractor Bid Price Clinard Construction Management, Inc. withdrew bid, no sales tax $ 2,545,000 VEI General Contractors, Inc. withdrew bid, no sales tax $ 2,767,387 Crossland Heavy Contractors, Inc. lowest responsible bid $ 2,770,280 Dean Crowder Construction, Inc. $ 2,968,180 b. Solar Drying construction is scheduled for completion in February, 2011. Material handling equipment bids and purchases are in process, so the equipment will be on hand (and operators trained)when construction is completed. Equipment includes a skid steer loader, a spreader trailer, two conveyors, one 100 hp tractor(to pull the spreader), a small dump trailer, and a belted trailer for distribution. This equipment cost was included within the biosolids budget. Staff is developing a business plan for the end product, and intends to employ a sales mechanism similar to that currently used for hay sales. 9. Canterbury Tank/Mt. Sequoyah Pressure Plane McClelland Engineering Amendment for $32,036.33, for final design services for the tank, water pump station and off site water line extensions, is attached. This amendment covers construction phase services to oversee the construction of the foundation for the water tank. All other construction phases will be inspected by city staff. This amendment also covers the final design services of the Stone Mountain water pump. City staff evaluated several pump station options before selection surface mounted vertical turbine pumps. The preliminary design utilized a lower cost, higher maintenance multi-stage centrifugal pump. This evaluation will save funds in both operation and maintenance costs, but requires more engineering evaluation than was budgeted for in the initial engineering contract. Staff requests this item be forwarded to the full City Council. 10. Water/Sewer Committee Meeting is Tuesday, December 14, 2010, 5:30 p.m., room 326. Attachments: 2 Highway 265/Crossover water/sewer relocation easement condemnation 3. Wastewater Treatment Contract Amendment with CH2M Hill OMI 4.a. Flow injection equipment bid 4.b. Online respirometer equipment bid 5.a. Solid Waste cost of services cost of service comparison (distribute at meeting) 5.b. Proposed Solid Waste ordinance waiving 2011 automatic rate adjustment 6. Solid Waste commercial container parts bid waiver 7.a. Verizon (Township water tower) contract 7.b. Sprint/Nextel, (Mt. Sequoyah water tower) contract amendment 8.a. Biosolids thermal drying contract 9. Canterbury Pressure Plane McClelland Amendment 4 W&S CommitteeAgmda250ct10Aoc 0 Tap ^ CITY CO IL AGENDA MEMO 1 1� MEETING Dl) eeession 1 THE CITYRIMVEr4 EVILLE,ARKANSAS ARKANSAS To: Fayetteville City Council Thrn: Mayor Lioneld Jordan Don Marr,Chief of Staff From: David Jurgen,Utilities Director (� Fayetteville Water and Sewer Comlb Date: October 15,2010 Subject: Approval of a resolution authorizing the City Attorney to seek possession by condemnation of portions of properties along Highway 265 (Crossover Road) RECOMMENDATION Staff recommends approval of a Resolution authorizing the City Attorney to seek possession by condemnation of portion of properties along Highway 265 (Crossover Road). The properties are owned by the individuals and/or organization listed on the attached pages. BACKGROUND The Arkansas Highway and Transportation Department (AHTD) is planning improvements to Highway 265 (Crossover Road)from Mission Boulevard north to Joyce Boulevard. Due to AHTD's acquisition of additional right-of-way to widen the road, utility lines must be relocated outside of the expanded right-of-way. All proposed utility easements are adjacent to the new highway right-of-way and/or existing utility easements. DISCUSSION City of Fayetteville staff has been negotiating with land owners; easements have been acquired from 18 of 27 owners.The remaining owners have expressed various concerns and have refused thus far to sign easement documents. Owners of these remaining tracts are aware of the City's intent to turn any unresolved easement purchases over to the City Attorney to initiate the condemnation process. Although negotiations are still underway with several of the owners,the timing is such that we must proceed with the condemnation process in order to advertise theproject. Details are below. Tract Perm Temp ' # Property Owner Parcel# Easmt(ft') Easmt(ft') PE TCE Total 2 Salmon Family Trust 765-04570-000 9322 5910 $ 4,665.00 $ 1,185.00 $ 5,850.00 765-04569-000 6 John A.&Linda L.Dominick 765-04565-000 3603 1987 $ 1,800.00 $ 400.00 --S-2,200.00 7 J.Andrew&Rebecca Baxter 765-25909-000 4760 5415 $ 505.00 $ 505.00 8 Murphy R.&Betty N.Taylor 765-13305-000 6980 3365 $ 6,110.00 $ 1,180.00 $ 7,290.00 10 John David Brown 765-13295-000 22883 9603 $17,165.00 $ 2,880.00 $20,045.00 12 Doug W.&Melonie Ramsey 765-21514-000 1408 1130 $ 1,760.00 $ 565.00 $ 2,325.00 13 Corey E.&Amanda Osborne 765-21515-000 2573 4229 $ 3,220.00 $ 2,115.00 $ 5,335.00 21 Daniel J.&Deborah Jo Wright 765-13276-000 13102 8185 $ 9,830.00 $ 2,455.00 $12,285.00 26 John R.&Rebecca Ann Rutledge 765-13249-070 1092 1156 $ 685.00 $ 290.00 $ 975.00 Totals 65,723 40,980 $45,740.00 $11,070.00 $56,810.00 BUDGET IMPACT' The payment for land acquisition will be made from the Highway 265 Water/Sewer Relocations project budget.This is an estimate;the final cost is subject to negotiation with the property owners or by court order.It is anticipated that the appraised value will be deposited into the Registry of the Circuit Court as just compensation. Attachments: List of Potential Condemnations Telecommunication Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 5 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 4 of 22 easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 5. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on Parcel No. 765-13295-000 and owned by John David Brown that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 6. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on Parcel No. 765-21514-000 and owned by Doug W. and Melonie Ramsey that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 7. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on Parcel No. 765-21515-000 and owned by Corey E. and Amanda Osbome that is needed for a utility easement for waterand-sewer-improvements-along-Crossover-Road-(Highway265),—and-to-pay----into the registry of the Circuit Court just compensation therefor. Section 8. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on Parcel No. 765-13276-000 and owned by Daniel J. and Deborah Jo Wright that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. Section 9. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City Attorney to file suit to seek court-ordered possession of property located on Parcel No. 765-13249-070 and owned by John R. and Rebecca Ann Rutledge that is needed for a utility easement for water and sewer improvements along Crossover Road (Highway 265), and to pay into the registry of the Circuit Court just compensation therefor. PASSED and APPROVED this 2nd day of November, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer 6 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 5 of 22 LAND AGENTS' CASE HISTORY Salmon Family Trust Tract 2 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 6/3/2010 Reminder letter sent urging them to contact us. June 2010 Brief call from Mrs. Salmon to HJ to acknowledge receipt and that they would call back with comments and concerns. 8/2/2010 Notification letter sent stating that they would be informed of the actual date all unsettled properties would go to City Council. 10/4/2010 Notification letter mailed. 10/7/2010 Mr. Salmon called and told HJ that they have settled with AHTD and will send in counter offer based on that settlement. 10/13/2010 Counter offer letter received. Settled with AHTD at $3.00/sf (original offer at$2.00/so fee simple. We will make a counter offer based on that amount. 7 PUE — 9,322 SO. FT. (0.21 AC.) UTILITY EASEMENT PLAT C.2 TCE — 5,910 SO. FT. (0.14 AC.) TRACT MAP NO. 2 Highway 265 ate,and Sewer EXHIBIT "A" Relocation C emnation and Pos ssion J- Page 6 of 22 LL Rx'W -- � I i i COPPER K PLAZA ZALA v, ��1 1? I f —� © N� Im 1 ; ; SCALE, 1' = 100' IFN IN TRACT . z Iz ' O LOT I 1 ( iWi 3 2 EAST ' I lit\ Iiia' PHASE I II 6 a I I" S87.15'14'E 11 23.00 LOTL❑T 1� — 20.UE S87•IS'14'E 2 1Ilk ^ ._--------- W _ 1 i 655.49' - � 3 e� .40' �'�:ii d'1� 60 cli as ILOT LOT fU 3 2 BLOCK 2 I = W � KANTZL❑T ►j -m -;--s-___-- TRACT ---- ---- PLACEgg w g==I' ------ SUBDIVISION 1 CU ulN� O -- BLOCK 1 "` z zl N K CROSSRgADS ih`a n EAST t I y l_ :• :::-r (L� LOT SUBDIVISION S87.17.39'E ICANTZ 25' UE 1324,56' DRIVE --.-----.— 1 1 _ I — . R/)y-- — — � 587.24'12'E - 13V.96'17.96' — i Quarter Section Line U1 so N87.24'12'W NESE 34.60' 2-16-30 LOT a ik ?t 2 \ I '�', SW CORNER q! a i7 t c i FRL NWI/4 NWSW a' 01 .o o N I SECTION 1 1 210 T-16-N, R-30-W 1-16-30 THIS UTILITY EASEMENT ACOUISTION ++ 1 z � i WILL RESULT IN AN OVERALL 40 F00T i ( i Basis of Bearings: WIDE EASEMENT CONTIGUOUS 70 TRACT Based on the AHTD THE EAST R/W LINE DF ARKANSAS 265 ' ' O Job 040517 L E G E N 0 Coordinate System Permanent Utility Easement ..::: Temporary Construction Easement • Corner of Permanent Utility Easement ----- - Existing Utility Easement Line 765-04569-000 & 765-04570-000 — Tax Parcel Numbers PUE — Permanent Utility Easement 9516550-51 — Deed Record TCE — Temporary Construction Easement CITY OF [Drawn roperty Owner : Salmon Family Trust Project Name by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation FAYETTEVILLE ate: Feb. 2010 Scale: Y = 100' No. Revisions Date Water & Sewer Department Project No. 082146 Tract No. 2 AHTD Tract No. 11 8 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 7 of 22 LAND AGENTS' CASE HISTORY John A. & Linda L. Dominick Tract 6 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/11/2010 HJ met with next door neighbor Lorimer and Dr. Dominick was present, also. Dominicks apparently in conflict with AHTD over trees. 8/2/2010 Notification letter sent. 8/6/2010 Attorney Chuck Trantham called and left nasty message about discussing condemnation.HJ called back and left message. Sept 2010 HJ called and asked Trantham to please look at Dominick's easement and submit counter offer ASAP as time was running out. 10/4/2010 Notification letter mailed. 9 C.2 e7e�tmaatiawa si assion Basis of Bearings: UTILITY EASEMENT PLAT PUE - T.Q0ffl=FT. (0.08 AC.) Based on the AHTD TRACT MAP NO. 6 TCE - 1,987 SO. FT. (0.05 AC.) Job 040517 EXHIBIT "A" Coordinate System EAST OAKS DRIVE C4 I r / I I i I REPLAT OF a 1 LOTS 1 & 2 v ! t r OF BLOCK 1 OF z ' e I f LOT CROSSROADS EAST 0 J I 1 SUBDIVISION cq 114 J I I I a + a t SCALE, 1' = 60' ; i N i TRACT LOT 2 � Qi EAST OAKS SUBD. Z Z I I i S87.15'40'E PHASE I 173,54'I W I � .Mr 1 20' UE (U t ._- - S87.15'40'E - 665.48' (U _ 10_UE PUE.,_��'�;_.� I — 174.52' 50' VE � � - 25' UE / I S86.16'05'W -- �' N86'16'05'E -- -- — I 21.00'1 _ _ — --'— I w I = -- ':..,,:,� • TRACT LOT CY ii;a.j_C ION NN '� M _ 1 _ Z VAS8T665.48' 40• uE 16'16'E - GOLDEN OAKS I I......I ! N87.16'16'W DRIVE Z! w1—~ W i 18,24' TRACT QS JI (7 J ( � 1 a THE NORTH/SOUTH PART OF THIS UTILITY a1 Z 400 w I LOT EASEMENT ACQUISTION WILL RESULT pi �I II i 4 IN AN OVERALL 40 FOOT WIDE EASEMENT I \ I t CONTIGUOUS TO THE EAST RIGHT OF WAY �i I ai 1 I LINE OF ARKANSAS 265 L E G E N D Permanent Utility Easement Temporary Construction Easement • Corner of Permonent Utility Easement --'--'— Existing Utility Easement Line 765-04565-000 — Tax Parcel Number PUE — Permanent Utility Easement 52-47723 Deed Record TCE Temporary Construction Easement Property Owner : John & Linda Dominick Project Name CITY OF Ar Hwy 265 W/S Line Relocation Drawn by : McClelland Consulting Engineers FAYETTEVILLE Date: Feb. 2010 Scale : 1" = 60' "-I o. Revisions Date WOter & Sewer Deportment Project No. 082146 Tract No. 6 AHTD Tract No. 15 10 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 9 of 22 LAND AGENTS' CASE HISTORY J. Andrew & Rebecca Baxter Tract 7 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/25/2010 Sue Jones, representative for Baxters called to discuss easement area. Wants easement and waterline staked for Baxters to view on Sat. (May 29). Will call back after weekend. 5/26/2010 Easement staked per Robert White, McClelland Engineers 6/9/2010 HJ met with Rebecca Baxter on site. Mrs. Baxter asked if the waterline could be re-routed. 6/25/2010 Revised exhibit received.Waterline was re-routed to be on west side of wall. This revision greatly reduced proposed easement and, in turn, reduced damage to property. 7/2/2010 Revised offer and easement document mailed. 7/12/2010 E-mail from Rebecca Baxter saying the new offer is "ridiculous". 10/4/2010 Notification letter mailed. 10/13/2010 Rebecca Baxter called. Says she is ready to sign but can't find paperwork. New packet mailed to Bella Vista address. tt C.2 Highway 265 Water an ewer UTILITY EASEMENT PLAT ' Relocation Condemnation and Posse sion PUE - 670 SO. FT. (0.02 AC.) TRACT MAP NO. 7 Page 10 of 22 TCE - None EXHIBIT "A' TRACTO I \ ; Basis of Bearings: IY, 04 Based on the AHTD I I a 1w0 Job 040517 i 1 a 1� NW CORNER SCALEI 1• = 100 Coordinate System ' III t` s�Ecna1'4 ENLARGED `� `i T-16=N• R-30-W .DrZZDi P AREA �.—�\•�. ._ TOWNSHIP ROAD = Saraa o<•E —-R/W sal 33 'E - 599.59' J...... $87'48'04'E — 23.03' S87.33'25'E - 719.56' EAST OAKS SUBD. PHASE I `25' UE -RAW sal 4F647E Ex. 12' Wall 16 M .�1 3 nj'1tk TRACT OT (lU z1 S LOT / 7 EAST OAKS DR. t IX W ,t p W- %0 1 O REPLAT OF LOTS I & 2 R W M OD OF BLOCK I OF (+)IA CROSSROADS EAST N a Q :ft! SUBDIVISION U rn6 (U NI�� \ y % LOT CU nIL NOTE - 'x• Z z 1� Existing 2 (A) I : wn! 11 � -2' Sq. Columns iry Ji/ N87.15'40'W 11 / South End Cyp w S87•IS'40'E - N87 15 40 W 1 /Wall N 41 1 PUE'^ --!�UE 665.48' 1.79' --'--'-- WI 23 UE ------—--._— Existing 31 m1 w r,r.-.--.--.- 2' Sq. Column o!. o ( TRACT LOT ENLARGED �i ZI © 3 AREA a hI a i o 1 r NOTE (A) I I PUE LINE. EXTENDS ALONG THE K I WEST EDGE OF THE EXISTING I ° u i i CROSSROADS EAST LOT 12" BLOCK & BRICK WALL I \y 1= 11 SBLOCK SIGN 4 TRACT O L E G E N D Permanent Utility Easement ..::=;= Temporary Construction Easement • — Corner of Permanent Utility Easement ------- Existing Utility Easement Line 765-25909-000 — Tax Parcel Number PUE — Permanent Utility Easement 2009-17062 — Deed Record TCE — Temporary Construction Easement - Property Owner : J. Andrew & Rebecca Baxter Project Name CITY OF Drawn by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation PAYETTEVILLE Date: June 2010 Scale : 1" = 100' No. Rev Bions Dote Water & Sewer Deportment Project No. 082146 Tract No. 7 AHTD Tract No. 16 12 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 11 of 22 LAND AGENTS' CASE HISTORY Murphy R. & Betty N. Taylor Tract 8 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/13.0/2010 KW spoke to Mrs. Taylor. Attorney is Tim Brooks. 5/17/2010 KW left message that staking to be done this week. 5/21/2010 KW met Murphy while at Joneses (Tract 9). Took photos. 5/24/2010 KW left message for Mr. Brooks to try to set meeting. 6/1/2010 KW, DJ, Taylors, & Brooks met on site. Mr. Brooks will submit letter with landscaping concerns. 6/7/2010 Letter from Mr. Brooks itemizing trees and requesting compensation for lost trees. 6/16/2010 KW measured trees on site to compare to Brooks' tally. Mrs. Taylor says "no way"to TCE. 6/22/2010 KW had call from Mrs. Taylor. She sent arborist's report to Mr. Brooks, and requested fence along Hwy 265 and "maintenance free landscaping". 6/29/2010 KW requested copy of arborist's report from Mr. Brooks. 7/15/2010 KW left message with Brooks' office requesting report. 7/23/2010 KW left message with Brooks' office requesting report. 7/26/2010 KW left message with Brooks' office requesting report. 7/26/2010 KW e-mailed Lynn Hyke(filling in for DJ) sending revising offer letter with landscaping compensation for signature. Added $6,200 for landscaping (for those within permanent easement). Total now$13,490.00. 7/27/2010 Counter offer mailed. 7/28/2010 Received faxed copy of arborist's reports. 13 C.2 Highway 265 Water and Sewer UTILITY EASEMENT PLATpUE — T. 0.16 AC. s ession 41�1�?zf TRACT MAP NO. 8 TCE — 3,365 SO. fT. (0.08 ACJ EXHIBIT "A" LOT W i i 2 1 SCALED 1' = 100' LYNNWOOD ESTATES Basis of Bearings: I wj n i a SUBDIVISION Based on the Job 0405177 + i�-- -yul----r4--�-------------------- + Coordinate System i cal zI w r i ^j cal is i NI nl I m + St. John's i z NI ZI S88.37'07'E TRACT Lutheran ILOT Church j j 30.00 1 0 + w � In ,� S88.37'07'E I 00 i a r I v i a:: ter W TRACT SWSW 1t4w " " Yu W 31-17-29 (V 3 N SW CORNER ; ,. . . a In j;: . :. • �O SECTT10NS3t/4 %�• .: :-. -::z;:r n tL Lr) aD T-17-N. R-29-W '+? , ��'; ! • .......... ,� (U c i TRACT ! 1 tiR 8 --N85.47-- 238.30' �_�� TOiPNtSHiP ROAD y. T N85.47'13'W — 10 0, —R/W R�IY— ---- S87'33'25E - 719.56' 25' LIE—T— --'—R — — —--- 587.48'04'E LOT LOT _ NW CORNER 3 4 I I o m i i FRL NWI/4 EAST OAKS SUBD, I I i w I SEC71ON 1 PHASE I T-16-N. R-30-W LOT If REPLAT OF LOTS 18 2 + + / LOT OF BLOCK I OF TRACTCROSSROADS EAST L E G E N D O SUBDIVISION Permanent Utility Easement Temporary Construction Easement • Corner of Permanent Utility Easement —------ Existing Utility Easement Line 765-imos-000 — Tax Parcel Number PUE — Permanent Utility Easement 2008-11669 — Deed Record TCE — Temporary Construction Easement Property Owner : Murphy & Betty Taylor Project Name CITY OF Drawn by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation FAYETTEMLE Dote: Feb. 2010 Scale : i = 100' No. Revisions Dote Water & Sewer Department Project No. 082146 Tract No. 8 AHTD Troct No. 18 14 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 13 of 22 LAND AGENTS' CASE HISTORY John David Brown Tract 10 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/10/2010 Mr. Brown came in. He is being condemned by AHTD. AHTD taking nearly half his property in ROW. The City's PE goes up to the front door of both houses (his and father's on same property). He feels as if he is going to have to move, but is not getting enough to do so. Won't be able to sell property, and will be hard to rent. Has a conditional use permit for business. 5/11/2010 E-mail exchange between JSG, DJ & McClelland. Large maple trees in ROW. Mr. Brown set to get sewer tap for both houses (although he would prefer to stay on septic)—tap will be there for future use. 5/12/2010 Mr. Brown came in and dropped off his CUP, sewer tap, drawing, etc. Neighbors to the south crossed his property with sewer line and apparently.got him to help foot bill, although he didn't get tap and didn't hook on. 8/2/2010 Notification letter sent. Aug. 2010 DJ verbally said that Mr. Brown was to work up counter offer. 10/4/2010 Notification letter mailed. 10/6/2010 KW met with Mr. Brown. There are 3 septic tanks on property, one in the front (in the way), one in the pasture (maybe), one in back (out of the way). Mr. Brown wants commercial value. 10/7/2010 KW worked up some possible counter offer amounts. We can't justify paying commercial rates because it's not zoned commercial. Original offer based on $3.00/sf, but would consider something between $5.00/sf(same as Candlewood to the north) up to$7.50/sf(half of Klinger's commercial rate). Must have response from DJ on this and septic tanks before further contact. 15 C.2 UTILITY EASEMENT PLAT Relocation Condemnation and Pass salon PUE - 22,883 SQ. FT. (0.53 AC.) TRACT MAP NO. 10 Page 14 of 22 TCE - 9,603 S0. Fi. (0.22 AC.) EXHIBIT "A" \ TRACT LOT i 'a; LOT ; LOT I 20 1 r C 53 54 i i t L zo uE.-��_ °D CEDARWOOD LOT ADDITION ONU Q 19 CANDLEWOOD SCALEt 1' = 130 PHASE I LQT a t";. m' 1 t`e==" f 1 SUBDIVISION Basis of Bearings: 55 I CU fm Based on the AHTO I Z l 1 LOT , 3 Job 040517 LOT 3I (• ,a q Coordinate System 56 ,' 1�"'- 18 C�o I!It NI 1 t D E_z s :ill In C7 y IAN LOT %D r. 17 O�IA '?as.:.?:l 1 N N to a1 t i.._ 1 First Free Will w: O Baptist Church t �0 o re, ."1 L y l (•U NE_:ti" t __. - 1g us: NWSW o r 31-17-29 pPYm Is't:= Nl ti- S87°33'22-E - 596.72. Z :::1 0l 587•33'22'E �; 7.00, 40 Acre Line :1 � -.: 1[a S87°33'22'E LOT F.`AA,E c1,1 1 724.70• SW CORNER 1 W NWI/4, SWI/4 f 1,. SECTION 31/ o CO 1=:;ivi l :::1 :0 T-17-N, R-29-W h Cl)(tj ¢ O CR SE CORNER . N(r) f=y::rF: :.:! N NWI/4, SWI/4 ...,(7 C'-r= N p7 SECTION 31 R/�� !✓!..�,, ZR':rt`r::, • T-17-N, R-29-W xAgDYj1fi RAW �i K= J' TRACT I 31 t_= y x 10 SWSW 1 �! "'!""'` 31-17-29 LOT I _ - , 16 TRACT - GLENWOOD I o i n x a 9 SWSW ADDITION LOT 31-17-29 I ly k4A,2' j 6 S� z(Q111 lit L E G E N D \" ESTATES a SUBDIVISION Permanent Utility Easement Temporary Construction Easement • — Corner of Permanent Utility Easement -- ---- Existing Utility Easement Line 765-13295-000 — Tax Parcel Number PUE — Permanent Utility Easement 749-101 — Deed Book & Page TCE — Temporary Construction Easement CITYOF Property Owner : John David Brown Project Name Drawn by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation FAYETTEVULE Date: Feb. 2010 Scale 1" = 130' No. Revisions Dote Water & Sewer Department Project No. 082146 Tract No. 10 AHTD Tract No. 20 16 G2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 15 of 22 LAND AGENTS' CASE HISTORY Doug W. & Melonie Ramsey Tract 12 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/11/2010 Doug Ramsey called. Numerous concerns. Meeting set for May 21. 5/21/2010 HJ meet with Doug Ramsey. Need temporary fencing for dog. 5/23/2010 E-mail regarding Candlewood entrance from Eva Madison. Hold off on Osborne and Ramsey (Tract 12) for now. 7/1.4/2010 E-mail exchange between HJ & DJ regarding side letter. 7/15/2010 Draft of side letter to DJ for review. 8/20/2010 Side letter mailed. Discussed fencing, sprinkler system, and bore pit. 10/4/2010 Notification letter sent . 17 C.2 CH = N82'54'15'E UTILITY EASEMENT PLAT PUE - �,el4JH1i4roCgn9lemtgptiu Wd.g ession R = 260.00' 'v P 16of 2 L I1.60' TRACT MAP N0. 12 TCE - 10 Sc1.2FT. (0.03 AC.) ENLARGED CL = 11.60' EXHIBIT "A" AREA Z i' s 1.60' N N _.. ro I _ > _ OD Dig SCALE, V = 50' ORGUSON CV) z /R/�Q CANDLEWD SUBDIVISIONN AVE• \y nt cru N I 1 O; \ "moi Z NI 25 \ \ Z UE I m? N w TRACT \ \ a12 \ 1 00 !� -! l t �— LOT 1 50 ?1 ro o I t N88.51'22'W pt vr'i I ENLARGED o I t'iP t.. 12.77' 1 o\z ....,j.._...zAREA CD I iN J 1 O 3• N80'22'12'E I \£ 1� tV N� 1 -_� '•� 'nm1136' to CPl S80'22'l2"7 oI I t l 1 r 1 1 $50.22'12 W LOT 1 1 NOTE )(A N 20 1 N 1 PUE LINE EXTENDS ALONG THE o� m a I�mu TRACT 1 WEST EDGE OF THE EXISTING z I z I T 3.3' SO. BLOCK FENCE COLUMNS 1 ` 1 Basis of Bearings: N87'09'43'W I ' 3.3' Sq- 25,25' Fence Column UE 1 Based on the AHTD 25.25 3t — —� Job 040517 20' — Coordinate System J I �I m LOT C4 L E G E N D Permanent Utility Easement Temporary Construction Easement • — Corner of Permanent Utility Easement ------ Existing Utility Easement Line 765-21514-000 — Tax Parcel Number PUE — Permanent Utility Easement 2007-11935 — Deed Record TCE — Temporary Construction Easement Property Owner Douglas & Melanie Ramsey Project Name : CITY OF Drawn by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation FAYETTEMLE Date: Feb. 2010 Scale : 1• = 90' No. Revisions Date Water & Sewer Deportment Project No. 082146 Tract No. 12 AHTD Tract No. 26 18 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 17 of 22 LAND AGENTS' CASE HISTORY Corey E. &Amanda Osborne Tract 13 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 5/27/2010 HJ & DJ met with Osbornes. Need to get bid on wall. Extend the bore further north. 5/23/2010 E-mail regarding Candlewood entrance from Eva Madison. Hold off on Osborne and Ramsey(Tract 12) for now. 7/15/2010 Draft of side letter to DJ for review. 8/20/2010 Side letter mailed. Discussed fencing, sprinkler system, bore pit, and offered additional $2000 in landscaping damages. 10/4/2010 Notification letter sent. 19 C.2 UTILITY EASEMENT PLAT an rna cmaata oss ssion TRACT MAP NO. 13 [PUE - �S9S185@(2 T. (0.06 AC.)ZA EXHIBIT "A" CE - 4,229 S0. FT. (0.10 AC.) LOT WALKER NWSW o� A TRACT ESTATES 31-17-29 SCALE: 1' = 100' / (1 d1.� Iz 14 NOTE 11 A[m 1" WALKER ESTATES J/ 1' £1 N 1p1p LOT LINES NOT SHOWN. CREEKSIDE r £ Io WILL BE ADDED WHEN AVAILABLE ESTATES 11 X11 1£ S87.52'01'E 1' 1 LOT 14,86' w 1920' ur OD 1 11£ o r N LOT 1 -r .fl r 1.-: .o:}W CZ [rt 20 lm w m Il {_ .nw. 0 i 1 * N }co X TRACT LOT CEDARWOOD ADDITION1 ` z £ 11 t : :� LOT 13 23 PHASE I 1 .0a o �1 k' J 22 in o ENLARGED AREA LOT 1 N £ fn 21 1 1 N 1 £ N:o '! ON AREA �i;:..�. X009 1 ENLARGED LOT l i sb 1 b3 I ri 28 ms's CANDLEWOOD NpJ RESSvtiN3 19.y1 i g0N ''0 0 SUBDIVISION �� 31p . 1 m S696L6' c)r� rfiRAVE• 04- No. 1.-; mN �s✓ II JN >>i;:.:..._ I Oy+ LOT � I � Ia'�i 1,r 1' 1 TRACT ry.... Lor 12 1 1. 1 l I� 21 I 1 � �--y Basis of Bearings: I I SB�54' I TRACT AHTD .00' Based on the 1 L = 9.33'0' N �} Job 0405177 �_�� it Coordinate System 1-9,33 CL = 9.33' L E G E N D Permanent Utility Easement Temporary Construction Easement • — Comer of Permanent Utility Easement ------- Existing Utility Easement Line 765-21515-000 Tax Parcel Number PUE — Permanent Utility Easement 24103-49198 — Deed Record TCE — Temporary Construction Easement CITY OF Property Owner : Corey & Amanda Osborne Project Name Drown by : McClelland Consulting Engineers Ar Hwy 255 W/S Line Relocation FAYETTEVIIIE Date: Feb. 2010 Scale : i" = 100' No. Revisions Date Wafer & Sewer Deportment Project No. 082146 Tract No. 13 AHTD Trott No. 31 20 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 19 of 22 LAND AGENTS' CASE HISTORY Daniel J. & Deborah Jo Wright Tract 21 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 6/3/2010 Reminder letter sent urging them to contact us. 6/15/2010 Letter from Mr. Wright asking for more money, but his calculations were confusing. 8/23/2010 Response letter mailed. Requesting a actual counter offer. 8/30/2010 Mr. Wright called and talked to KW. He wants to build a wall, but was advised not in permanent easement area. Asked about trees—which ones would be removed. Told that we would put up temporary fence if any part of his existing fence had to come down for construction and would be replaced with same. Asking for access off of Hwy 265. 8/31/2010 Mr. Wright faxed a counter offer. Wants twice the original offer (50% of AHTD fee simple)for permanent easement. Original offer = $12,285.00, counter offer= $22,108.00. 9/17/2010 Shannon Jones stopped by and thought counter offer was way too high. Any access off of Hwy 265 would have to be approved by AHTD (since no current access). 10/4/2010 Counter Offer and Notification letter sent. Offer of 35%of AHTD fee simple for permanent easement. Total counter offer= $16,215.00. 21 C.2 UTILITY EASEMENT PLAT os ession TRACT MAP N0. 21 PUE — 13,RF&e$1Ef# (0.30 ACJ a I EXHIBIT "A" TCE - 8,185 S0. I 1 W 1 I W ! W! af�I SWSW � 30-17-29 NE CORNER I NWI4Lor TRACT SECTION 37NWI/4. / 5 S87"22'05'E 22 T-17-N, R-29-W 32.05' v I I • N87.22'05'W 0 Section 3 433.07' Section 31 '�-- M N I.A 0 10 Cq D AREA SCALEI i' = 100' o ;> ENLARGED N ::: Basis of Bearings: N Based on the AHTD z LOT / t. =M. `\ �-. Job 040517 7 � v;�y -;;.::::! �� Coordinate System Y W a '= TRACT 31-17-29 t" N: NWNW t. j of of F = I a W . N87.46'56'W ������ 487.14' I 6, ` N87.46'56'W cq l �z 1 y�J \ \��� 32,30' TRACT a 14 a I �.\ \9- L FL E G E N D Permanent Utility Easement _ Temporary Construction Easement • — Corner of Permanent Utility Easement --- Existing Utility Easement Line 765-13276-000 — Tax Parcel Number PUE — Permanent Utility Easement 1161-729 — Deed Book & Page TCE — Temporary Construction Easement Property Owner : Daniel & Deborah Wright - Project Name � CITY OF y� Drawn by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation !. FAYETTEVILLE Date: Feb. 2010 Scale : 1" = 100No. Revisions Date Water & Sewer Deportment Project No. 082146 Tract No. 21 AHTD Tract No. 50 22 C.2 Highway 265 Water and Sewer Relocation Condemnation and Possession Page 21 of 22 LAND AGENTS' CASE HISTORY John R. and Rebecca Ann Rutledge Tract 26 Hwy 265 Water/Sewer Relocations 5/7/2010 Packet mailed with offer letter, map, water/sewer easement, and vendor form. 6/3/2010 Reminder letter sent urging them to contact us. 6/22/2010 Hugh Jarratt with Lindsey Management called. He is a representative for the Rutledges. Easement was e-mailed to Mr. Jarratt. 8/18/10 Revised W/S easement e-mailed to Mr. Jarratt. 10/4/2010 Notification letter sent to the Rutledges and copy to Mr. Jarratt. 23 C.2 Highway 265 Water and Sewer PUE — 1,168 SO. FT. (0.03 AC.} UTILITY EASEMENT PLAT Relocation Con conation and Posse Sion TCE — 1,080 SO. FT. (0.03 AC.) TRACT MAP NO. 26 Page 22 of 22 EXHIBIT "A" / / SCALED 1' = 60' a COY KgYLOR DR. /j /%� Basis of Bearings: Based on the AHTD / Job 040517 - Coordinate System j � 1 SWNw TRACT W( j j 30-17-29 26 / OF / al / NORTH CORNER LOT 7 PARADISE PLACE ! ! CHORD / / y 1.1 SUBDIVISION I N41'36'54'E ti 1 I R = 608.04• L = 67.24' / I CL = 67.20'// SEE �—DBPAIL .G,)?:::::PUE;= In / BELOW \ 30' I / . ........ �N84.40'30'WIs / 2 �tI I iI I � fII � I� ' 44,67' 4i J q I I41 'z I I LDw DETAILs-A ���3�005 gyp\ 1 f I I Z% / .?� LOTS\ Cv 7 f t0 '_..._. .t I I I� PARADISE PLACE SUBDIVISION ii- �;,'_ 2 1 M. N� C I z i ,h Rp. 2ao L E G E N D Permanent Utility Easement Temporary Construction Easement • — Corner of Permanent Utility Easement -.--.— Existing Utility Easement Line 765-13249-070 — Tax Parcel Number PUE — Permanent Utility Easement 9786240-42 — Deed Record TCE — Temporary Construction Easement - Property Owner : John R. & Rebecca A. Rutledge Project Name : CITYOF Drown by : McClelland Consulting Engineers Ar Hwy 265 W/S Line Relocation FAYETTE17LLE Data: Aug 2010 Scale : = 60' No. Revisions Date Water & Sewer Department Project No. 082146 Tract No. 26 AHTD Tract No. 61 - 24 • CITY COUNCIL AGENDA MEMO a e evl le MEETING DATE OF NOVEMBER 16,2010 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 Co mrm ee Date: October 21, 2010 Subject: Contract Amendment I with CH2M Hill Engineers, Inc. for$6,765,224 for operation, maintenance, management and engineering services for the City's wastewater treatment facilities and systems RECOMMENDATION Staff recommends approving Contract Amendment 1 with CH2M Hill Engineers, Inc. for$6,765,224 for operation, maintenance,management and engineering services for the City's wastewater treatment facilities and systems, and approving a$70,000 contingency. BACKGROUND When the Noland W WTP upgrade was completed in 1987, the City contracted with OMI(now CH2M Hill-OMI) for WWT services. The scope of services provided by OMI include: (1) operate and maintain the Noland and West Side Wastewater Treatment Plants(W WTP); (2) operate and maintain 45 wastewater pump station sites; (3) administer the City's NPDES discharge, air, stormwater, and other permits; (4)manage the City's biosolids disposal program; (5) manage the City's industrial pretreatment program; (6) support the SCADA(supervisory control and data acquisition system)network that monitors water and wastewater facilities;(7)pursue operation economies, efficiencies, and permit compliance; and(8)participate in the construction and post-construction work of the Wastewater System Improvement Project(WSIP). In late 2009, the City underwent a rigorous selection process with three competitive proposals. The selection committee selected CH2M Hill for a five year contract, which expires December 31, 2014. DISCUSSION The 2011 contract amendment updates the scope of services from the 2010 contract,with evolutionary changes reflecting GASB requirements, the expanded wastewater system,updated regulatory requirements, and wastewater treatment related engineering services. To encourage cost saving operations,the contract contains an incentive provision whereby budget savings are distributed 87.5% to the City and 12.5%to CH2M HILL. The 2011 contract amendment reflects a$93,662 cost reduction from 2010, primarily due to reduced operations expenses. The contingency is requested to allow for potential expenses due to increased regulatory requirements with the new NPDES permits. Highlights of changes are below: 1) New USPEA NPDES discharge permits for both wastewater plants. 2) Biosolids drying process coming on line,reducing hauling and landfilling costs and possibly creating a new revenue stream. 3) Beaver Water District sludge land application process coming on line, increasing operating costs that are covered in full by the charges for the service. BUDGETIMPACT The $6,765,224 contract and$75,000 contingency costs are included in the proposed 2011 Budget. W WT OMI Amwdl CCM=oNov10.dm 25 a I AMENDMENT NO. 1 TO AGREEMENT For OPERATIONS,MAINTENANCE,AND MANAGEMENT SERVICES Between CITY OF FAYETTEVILLE,ARKANSAS And C112M HILL ENGINEERS,INC. THIS AMENDMENT NO. 1 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas, Wastewater Treatment Facilities and its pertinent systems dated December 15, 2009 (the "Agreement'), is made effective on the 0 day of January, 2011, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City of Fayetteville")and CH2M HILL Engineers, Inc., (hereinafter"CH2M HILL") NOW THEREFORE,the City and CH2M HILL hereby amend the Agreement as follows: 1. Appendix B is deleted in its entirety and replaced with the attached Appendix B. 2. Appendix C is deleted in its entirety and replaced with the attached Appendix C. 3. Appendix D is deleted in its entirety and replaced with the attached Appendix D. 4. Appendix E is deleted in its entirety and replaced with the attached Appendix E. 5. Appendix F is deleted in its entirety and replaced with the attached Appendix F. 6. Appendix G is deleted in its entirety and replaced with the attached Appendix. G. 7. Appendix H is deleted in its entirety and replaced with the attached Appendix H. This Amendment No. 1, together with the Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. Officer have made and executed this Agreement as of the day and year first above written. CH2 1M HILL ENGINEERS,INC. CITY OF FAYETTEVILLE, ARKANSAS By- /�l _ By: Name: Natalie L.Eldredg Name: Lioneld Jordan,Mayor Title: Senior Designated Manager Title: Mayor Date: 1(7 Date: icI-a 01(7 ATTEST: By: Sondra Smith, City Clerk 26 Appendix A LIST OF APPENDICES Appendix A—List of Appendices Appendix B—Definitions Appendix C—Scope of Services Appendix D—Compensation for Services Appendix E—Location of Project Appendix F—Environmental Permits and Project Characteristics Appendix G—Industrial Waste Discharges and Monitoring Program Appendix H—Vehicle and Mobile Equipment Description(Rolling Stock) Appendix I—Base Fee Adjustment 27 Appendix B DEFINITIONS B.1 The "Project" means all equipment, vehicles, grounds and facilities described in Appendix E and where appropriate,the management,operations and maintenance of such. B.2 "Capital Expenditures" means any expenditures for(1)the purchase of new equipment or facility items that cost more than ten thousand dollars ($10,000); or(2) major repairs which significantly extend equipment or facility service life and cost more than ten thousand dollars ($10,000); or(3) expenditures that are planned,non-routine and budgeted by City of Fayetteville. B.3 "Cost" means the total of all costs determined on an accrual basis in accordance with generally accepted accounting principles including but not limited to direct labor, insurance, labor overhead, chemicals, materials, supplies, utilities, equipment, maintenance, repair, and outside services. BA "Maintenance" means the cost of those routine and/or repetitive activities required or recommended by the equipment or facility manufacturer or CH2M HILL to maximize the service life of the equipment,vehicles,and facilities as listed in Appendix E. B.5 "Repairs" means the cost of those non-routine/non-repetitive activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof; cost less than ten thousand dollars ($10,000); and are not included in definition B.2 of this Appendix. "Repairs" exclude cost of repair parts caused by storm damage to the supervisory control and data acquisition (SCADA) system. B.6 "Out of scope" services will include "capital expenditures" (definition B.2 of this Appendix), added or modified regulatory requirements (that are not contained in the applicable permits), changes to improve efficiency and/or generate income, or other services not described in the contract and requested by the City of Fayetteville. These services shall be performed as stated in Appendix C. Should "Out of Scope Services" become a permanent and ongoing requirement, C112M HILL will submit a change of scope request within a reasonable amount of time in accordance with Paragraph 1.6 of the Agreement. B.7 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of City of Fayetteville's NPDES permit. Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. B.8 "Adequate Nutrients"means plant influent nitrogen,phosphorus and iron contents proportional to BODS in the ratio of five (5) parts nitrogen, one (1)part phosphorus, and one half(0.5) part iron for each one hundred(100)parts BODS. B.9 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct costs, labor,utilities, and other allocated costs. B.10 "Fixed Asset"means any tangible property that has a value of five thousand dollars($5,000)or more and is depreciable. This excludes the repair/replacement parts that are components of a greater fixed asset. Appendix B - 1 of 2 28 B.11 "Electrical Evaluation"will be limited to amperage draws,winding resistance measurements, thermographic evaluations,and current and voltage imbalance. Appendix B -2 of 2 29 Appendix C SCOPE OF SERVICES C.1 SCOPE OF SERVICES—CH2M HILL C.1.1 Perform professional services in connection with the Project as hereinafter stated. C.1.2 Operate and maintain all facilities over a 24-hour per day, 7-day per week period, under full service contract operations and maintenance. Operations may be performed with on site staff and/or remote monitoring/on-call services for all or portions of this time. C.1.3 Within the design capacity and capability of the Project, manage, operate, and maintain the Project so that effluent discharged from the Project meets the requirements specified in Appendix F. C.1.4 Operate and maintain the present Industrial Pretreatment Program including all monitoring, inspections, sampling,testing, reporting, and record keeping as described in Appendix G. Results of all industrial sampling and testing shall be made available to City of Fayetteville as requested. C.1.5 Provide all Maintenance for the Project. Document as required to continue existing maintenance program and to provide City of Fayetteville requested reporting, including but not limited to updated preventative maintenance schedules. City of Fayetteville shall have full access to preventative maintenance records. C.1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agreement. C.1.7 Staff the Project with a minimum of three(3)Arkansas Class IV Wastewater licensed operators. C.1.8 Prepare all NPDES permit reports, letters, or other correspondence, and submit these to City of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by CH2M HILL. Any fines levied because of late reports as a result of CH2M HILL's failure to complete and allow sufficient time for City of Fayetteville's signature and transmittal shall be paid by CH2M HILL. Submittal to the City of Fayetteville by the 15'"of the month following the reporting period shall be considered timely. C.1.9 Provide for proper disposal of screening, scum, grit, and biosolids in compliance with permit and regulatory requirements, as long as a suitable location for such disposal is reasonably available. Should regulations and/or disposal/application options significantly change, projected costs will be revised by mutual agreement. C.1.10 Provide all manufacturers' warranties on new equipment purchased by the City of Fayetteville and assist the City of Fayetteville in enforcing existing equipment warranties and guarantees. C.1.1 l Be responsible for all laboratory testing and sampling presently required by the NPDES permits, stormwater permits, "no discharge"permits,and other related requirements. C.1.12 Provide an inventory of vehicles and equipment (rolling stock) that are being used at the Project at the beginning of each contract year. C.1.13 Provide twenty four(24)hour per day access to Project for City of Fayetteville's personnel.Visits may be made at any time by any of City of Fayetteville's employees so designated by City of Appendix C - 1 of 4 30