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HomeMy WebLinkAbout2011-03-08 - Agendas WATER/SEWER COMMITTEE AGENDA Taveie—vieiie MEETING DATE OF MARCH 8, 2011 THE CITY OF FAYETTEVILLE,ARKANSAS ARKANSAS Committee: Chairperson Sarah Lewis; Aldermen: Adella Gray, Mark Kinion, Justin Tennant Copy to: Mayor Lioneld Jordan; Sondra Smith, arr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris Brown, Lynn Hyke, Shannon Jones, P ell, Will Winn, CH2M Hill From: David Jurgens, P. E., Utilities Director A Fayetteville Water, Sewer and Solid Waste Com i ee m ting will be March 8, 2011, 5:15 PM (following City Council Agenda Session) in room 326, Fayettevill ity Hall. Proposed topics include: 1. Ca ital Prolect U date. Contract Description Contractor Cost % Complete WL-10a Farmington Gravity Sewer Line Gamey Const $ 1,750,122 100% EL-3&5 Razorback-Ha Hollow 36/42" Swr Line S J Louis Const $ 5,387,098 100.0% CIPP Rehab- Cured in Place Pipe City Wide Insituform $ 330,000 95% Mt Se uo ah Area Wtr/Swr Upgrades LaRue Contr $ 852,976 100% 36"W/L 36"Water Line on Township Seven Valles $ 1,783,720 100% 265 W/S Relocation &36"Wtr Line, Hwy 265 Oen Bids March 30 WL-13 Broyles Avenue Gravity Sewer Lines Goodwin&Goodwin $ 845,359 100.0% WL-14 Broyles Avenue Sewer Force Mains Redford Const $ 899,626 100.0% WL-15 Broyles Avenue Sewer Pump Station Seven Valles $ 591,768 100% BIO-1 Biosolids Solar Drying Dean Crowder $ 4,971,886 94.0% BIO-2 Biosolids Thermal Drying Crossland Heavy $ 2,770,280 25% Canterbury 500,000 Gallon Water Tower C B & I Inc. $ 1,590,091 70.0% Canterbury Water Lines & Pump Station I Sweetser Const $ 1,057,331 CC 15Mar11 Project is substantially complete, meaning the work can be used to execute its mission. 2. White River Use Attainability Analysis out of scope agreement with CH2M Hill/OMI for$265,000 is attached. ADEQ has informed the City that the Noland WWTF National Pollutant Discharge Elimination System (NPDES) permit, currently being developed by ADEQ and scheduled for issuance in May, 2011, will contain limits on total dissolved solids (TDS), and minerals, specifically chloride (CI-), and sulfate (SOQ), unless other actions are taken. The least cost and most common solution, recommended by ADEQ and successfully completed by Jonesboro (the only other City to have fully faces this issue), is to make a third party petition to the Arkansas Pollution Control and Ecology Commission (APCEC) requesting an amendment to Regulation 2 modifying the site specific water quality standard. It requires a Use Attainability Analysis (UAA), to evaluate aspects of the river. The UAA may take a full year or more to complete before the petition to modify the water quality standards can be submitted to the APCEC, and the APCEC may take another year to make a determination. We are also requesting the new NPDES permit be delayed until this process is complete. There are three companies, CH2M Hill, FTN Associates, and GBM' &Associates, who are leaders in performing UAAs. The attached agreement represents a partnership with CH2M Hill as the lead and FTN in a supporting role. This team presents the optimum combination of experience, capability for quick, responsive action, and familiarity with the White River conditions, to complete this project as quickly as possible. This type out of scope agreement is allowed for within our existing contract with CH2M Hill. As soon as this contract is executed, CH2M Hill will submit a draft schedule for the UAA to ADEQ for approval. That will determine the schedule of work to follow. Funds are proposed to be reduced from two other approved water/sewer projects to fund this new project, as shown in the attached budget adjustment. The budget adjustment is large enough that it is expected to cover this agreement, the expected contract with the environmental attorney to file the petition with the APCEC, with a contingency. Staff requests this item be forwarded to the full City Council for approval. 3. White River Local Limits Modification Lepal Selection process is underway. Statements of Qualification were solicited; one was received March 4t from Mitchell, Williams, Selig, Gates &Woodyard. The firm W/S Committee Page 1 of 48 W&S CommittecAgenda Wart l.doe WATER/SEWER COMMITTEE AGENDA MEETING DATE OF MARCH 8, 2011 handled the Jonesboro APCEC petition, and is very well qualified to do the work. Upon approval from the selection committee, staff will begin negotiations for a contract. 4. Arkansas Western Gas Cost Share and Rate Agreement to extend expanded natural gas service to the Noland WWTF in order to provide gas for the biosolids thermal dryer is attached. The thermal dryer requires natural gas for operation. The current AWG pipeline lacks capacity. This agreement provides for the construction of a 14,500 foot pipeline that has sufficient capacity for current and all future anticipated natural gas requirements. In this agreement, the City agrees to pay a minimum charge of$5,963.00 per month for 120 months for gas service to the Noland WWTF, including the new biosolids thermal dryer. If the monthly consumption charge is below $5,963.00, then the City pays the minimum of$5,963.00. If the consumption meets or exceeds $5,963.00, then the City only pays for the volume consumed. This is a standard method of paying for Public Service Commission utility extensions. We intend to evaluate possible use of other fuels in the future to supplement natural gas. These require extensive evaluation and air permitting approvals, and will be evaluated after the initial process is in operation. Staff requests this item be forwarded to the full City Council for approval. 5. Stone Mountain (Canterbury Tank) Water Lines and Pump Station construction contract Sweetser Construction, Inc. for $1,057,331.00, Bid 11-18, is attached. The request includes a $53,000 contingency and a $1,110,331 budget amendment to transfer funds from the impact fee account. The 500,000 gallon elevated water storage tank is under construction on Canterbury Road, and should be complete in May. This is the second phase of the project, for water main interconnections a new water pump station in the Stone Mountain subdivision off of Highway 265 to provide the required pumping capacity for the additional storage volume. The Contract is to construct a 1,200 gpm water pump station, approximately 413 feet of 18-inch PVC water main, 3,273' of 12" ductile iron water main, and 2,000' of 8" PVC water main. The City opened six bids on February 16, 2011. Construction will begin this spring and will be completed this fall. Staff requests this item be forwarded to the full City Council for approval. Sweetser Construction $1,057,331.00 C-2 Projects $1,168,371.35 Dean Crowder Construction $1,259,924.00 Redford Construction $1,274,163.00 Goodwin & Goodwin $1,435,143.00 Seven Valley's Concrete Not Licensed Engineers Estimate $1,225,285.00 6. Insituform Annual Work Order for$330,000 is attached. On April 16, 2008 the City accepted sealed competitive bids for sanitary sewer main line and service lateral lining services with Insituform Technologies as the low bidder. The bid schedule includes specific unit prices for various items of work; with the sanitary sewer rehabilitation program then using the pricing to complete the annual rehabilitation. The contract term was five years, with provisions for small price increases per year; the 2011 prices are exactly the same as was bid in 2008. The exact needs of each rehabilitation activity cannot be explicitly defined until the final design is completed; hence the unit price bid schedule is used to correlate costs to final project scopes. The direct contracting allows the City to execute sanitary sewer rehabilitation program effectively and efficiently. Itis effective as the administrative delays and costs are minimized due to the annual contract and pre-established pricing. Pipes being lined under this contract are either identified by City forces through normal maintenance operations or by consultants executing Sanitary Sewer Evaluation Studies. Either way, engineering and administrative costs are held to a bare minimum as formal plans and specifications are not required. This work is an integral part of the City's ongoing program to maintain its sewer system in the most long-term yet cost effective fashion, with cured-in-place linings being by far the lowest cost strategy for applications where it is appropriate. We use this technology in response to the small root blockages which occur in our pipes, and for predictive elimination of potential future blockages by analyzing all occurrences in our system. Staff requests this item be forwarded to the full City Council. 7. Biosolids Solar Houses Change Order 2 to the construction contract with Dean Crowder Construction, Inc. for construction of the Biosolids Management- Solar Dryers for a time extension of 43 days is attached. W/S Committee Page 2 of 48 W&S CommitteeAgenda Marl Ldm WATER/SEWER COMMITTEE AGENDA MEETING DATE OF MARCH 8, 2011 Work has been delayed as a result of production and delivery delays for the solar drying equipment outside the control of the contractor by 28 calendar days. There have also been several documented rain, snow, and ice related weather days that the contract has been unable to work totaling 15 calendar days. Staff recommends extending the contract by 43 days, which results in a new final completion date of March 18, 2011. 8. Standard Specifications For Design And Construction Of Sanitary Sewers. New design standards for the wastewater collection system including sewer pipes and pump stations are attached (separate attachment). These will be available to engineers and developers to give them clear design criteria before they begin designing and collection system projects that will ultimately be owned by the City. The standards apply to projects by developers, City contracted work, and in-house City projects. The most recent change to the standards occurred in January, 2007, and specifically related to pump stations; the majority of the specifications had evolved from a document published in the mid-1990's. The standards have been distributed to area engineers for comment and submitted to the Arkansas Department of Health (ADH)for approval. Staff requests this item be approved by the Committee, probably at the April 12, 2011 meeting. 9. Annual Bulky Waste Cleanups have been scheduled from lam to 2pm at the following locations. As with last year, no a-scrap will be accepted. Detailed information is on the City web site. Ward 4—Saturday, March 26; Owl Creek School and Shaver Foods Parking Lot Ward 3—Saturday, April 2; Elks Lodge and Vandergriff Elementary Ward 1 — Saturday, April 9; Root Elementary and Solid Waste & Recycling Facility Ward 2 — Saturday, May 14; Woodland Jr. High School and Church of Christ 10. Highway 265/Crossover Water/Sewer Relocation Easement Condemnation actions are underway. The project bids will open March 30. City staff has been negotiating with land owners; easements have been acquired from 23 of 27 owners. The remaining owners have expressed various concerns and have refused thus far to sign easement documents. Negotiations are still possible, but the condemnation process is underway as well. New appraisals were received February 3rd and are being used for condemnation processing. One easement purchase was completed last week; another parcel was sold since the process be an; correspondence was sent January 31 to the new owner. It was removed from the list below. Perm Temp Perm Temp Tract Property Owner Parcel# Easmnt Easmnt Easement Const Damages Total ft' ftp Easement 6 John A.&Linda L. Dominick 765-04565-000 3,603 1,987 $ 1,500 $ 350 $ 1,500 $ 3,350 8 Murphy R.&Betty N.Taylor 765-13305-000 6,980 3,365 $ 12,000 $ 1,500 $ 9,500 $23,000 10 John David Brown 765-13295-000 22,883 9,603 $ 17,605 $ 3,500 $ 6,500 $27,600 Totals 33,466 14195-5 $31110-5 $ 5,350 1 $ 17,500 $53 950 11. Water/Sewer Committee Meeting is Tuesday, April 12, 2011, 5:15 p.m., room 326. Attachments: 2 White River QAA Amendment with CH2M Hill/OMI 4 AWG Agreement 5 Stone Mountain (Canterbury Tank)Water Lines and Pump Station Contract 6 Insituform 2011 Work Directive 7 Biosolids Solar Houses Change Order 2, Dean Crowder Const 8 Standard Specifications for Design and Construction Of Sanitary Sewers (separate attachment) W/S Committee Page 3 of 48 W&S CommitteeAgenda Wart l.doc Ile CITY COUNCIL AGE"A MEMO MEETING DATE OF MFAag12pggigers Inc. Pagege 22 oof 12 THE CITY OF FAYETTEVILLE,ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens,Utilities Director 'A Fayetteville Water and Sewer Co ee V Date: February 25, 2011 Subject: Out of Scope Agreement, CH2M Hill Engineers, for$265,000 for a White River Use Attainability Analysis RECOMMENDATION Staff recommends approving an Out of Scope Agreement with CH2M Hill Engineers, Inc. for$265,000 to develop a Use Attainability Analysis(UAA) for the White River, and approving a$50,000 contingency, and a budget adjustment. BACKGROUND ADEQ has informed the City that the Noland WWTF National Pollutant Discharge Elimination System(NPDES) permit, currently being developed by ADEQ and scheduled for issuance in May, 2011, will contain limits on total dissolved solids (TDS), and minerals, specifically chloride(Cl-), and sulfate(SW), unless other actions are taken. The segment of the White River where the Noland plant discharges is on the 303(d) impaired streams list for turbidity, TDS, Cl and SW. Concentrations measured in the White River exceeded the current site specific water quality standards (WQS) of: Cl--20 mg/1; SW-20 mg/l; and TDS -160mg/l. The least cost and most common solution,recommended by ADEQ and successfully completed by Jonesboro (the only other City to have fully faces this issue), is to make a th rd party petition to the Arkansas Pollution Control and Ecology Commission(APCEC)requesting an amendment to Regulation 2 modifying the site specific water quality standard. It involves performing a Use Attainability Analysis (UAA), which evaluates aspects of the river with respect to the designated uses of the stream. The White River has designated uses of aquatic life and drinking water. The latter has the water quality standards of Cl- - 250 mg/l; SW- 250 mg/I; and TDS - 500mg/l. The UAA may take a full year or more to complete before the petition to modify the water quality standards can be submitted to the APCEC, and the APCEC may take another year to make a determination. We are also requesting the new NPDES permit be delayed until this process is complete. DISCUSSION There are three companies, CH2M Hill, FTN Associates, and GBM` &Associates, who are leaders in performing UAAs. The attached agreement represents a partnership with CH2M Hill as the lead and FTN in a supporting role. This team presents the optimum combination of experience, capability for quick, responsive action, and familiarity with the White River conditions, to complete this project as quickly as possible. This type out of scope agreement is allowed for within our existing contract with CH2M Hill. As soon as this contract is executed, CH2M Hill will submit a draft schedule for the UAA to ADEQ for approval. That will determine the schedule of work to follow. BUDGETIMPACT Funds are proposed to be reduced from two other approved water/sewer projects to fund this new project, as shown in the attached budget adjustment. The budget adjustment is large enough that it is expected to cover this agreement, the expected contract with the environmental attorney to file the petition with the APCEC,with a contingency. Noland NPDFS OMI OOS CCMemoFebl I.doc W/S Committee Page 4 of 48 CH2M HILL 9193 South Jamaica Street Englewood,CO 80112 Tel 720.288.2000 ,11111111& March 4, 2011 Mr. David Jurgen City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Subject: Out of Scope Letter Agreement Dear David: As agreed upon in our previous discussions, CH2M HILL Engineers, Inc (CH2M HILL) will provide the following Out of Scope services as per the Operations, Maintenance and Management Agreement dated December 15, 2009, executed between the Parties. What is being provided: • Services, work, and materials necessary to complete a Use Attainability Analysis (UAA) on the White River segment that the City of Fayetteville's Paul R. Noland Wastewater Treatment Plant (WWTP) discharges into. • The UAA shall be performed in a manner approved by the Arkansas Department of Environmental Quality (ADEQ), according to a work plan that shall be submitted to ADEQ for approval as one of the initial steps of the process. • The UAAA shall specifically address the current Arkansas water quality standards for minerals, i.e. Chloride, Sulfate, and Total Dissolved Solids (TDS) for the designated uses. • A final report shall be issued on the results of the UAA suitable for submittal to ADEQ and the Arkansas Pollution Control and Ecology Commission. When it is being provided: Services are expected to be initiated in the spring of 2011 and will be completed according to the timeline approved by ADEQ. Price of services: To be billed at CH2M HILUs actual cost plus 18% as per Section 3.2 and Appendix C.1.25 of our C.�n,inmd on MohewM Vie pepec wM1ic6la 30%p�xmnxumor wasm. W/S Committee Page 5 of 48 Agreement upon completion of the services. Documentation of actual costs shall be provided with invoices. Estimate of costs: Estimated at approximately $265,000* Payment terms: Due upon receipt of CH2M HILL's invoice and payable within 30 days as per Section 5.2 of our Agreement. *Note that the City will be alerted immediately if the ADEQ approved work plan or unforeseen weather or other circumstances cause the estimated costs of the project to exceed this number. No work will be performed above this price until such work is approved in writing by the City. All other terms and conditions of the Agreement dated December 15, 2009,as amended November 16, 2010, between CH2M HILL and The City of Fayetteville remain in full force and effect. If these terms are agreeable to you,please sign both copies of this letter. We.will return one fully executed original for your files. CH2M HILL appreciates the opportunity to provide these additional services to the City of Fayetteville. Sincerely, Duyen Tran Project Manager Both parties indicate their approval of the above-described services by their signature below. Authorized CH2M HILL: Authorized City of Fayetteville, Arkansas Name: Natalie L. Eldredge Name: Lionel Jordan Senior Vice President Title: Mayor Date _3J_gt I Date: 6'i V W/S Committee Page 6 of 48 City of Fayetteville,Arkansas C.12z. Budget Adjustment Form CH2A11fl E02ngineers, Inc. Budget Year Division: Utilities Director Request Date Adjustment Number 2011 Department: Utilities Director 3/15/2011 BUDGET ADJUSTMENT DESCRIPTION/JUSTIFICATION $400,000 is needed in the White River NPDES UAA and APCEC Action project to develop a Use Attainablility Analysis for the White River. $265,000 is needed for an an Out of Scope Agreement with CH2M Hill Engineers, Inc. to develop the Use Attainablility Analysis due to the ADEQ currently developing a NPDES permit that will contain limits on total dissolved solids and minerals. $135,000 is needed to cover additional costs associated with the project which includes legal costs for an environmental attorney to file a petition with the APCEC to modify the water quality standards and request that the new NPDES permit be delayed until the analysis process is complete. Prepared By: Cheryl Partain Div o>Head/ Date kspringer 2 41 Reference: u t rector Date Budget& Research Use Only _ __Z___�F�_��__. Type: A B C <D_) E P Dep ment ire tor Date 4 O l cx= _ z'zW"Zoll General Ledger Date Finan irector Date --._______--- 3..1_-i j Posted to General Ledger Chie to / Date Initial Date __ -Z — Checked/Verified May Date Initial Date TOTAL BUDGET ADJUSTMENT 400,000 400,000 Increase/(Decrease) Project.Sub Account Name Account Number Expense Revenue Number Contractservices 5400.5700.5315.00 265,000 11u,v . VI01 Professional services 5400.5700.5314.00_ _ 13_5,00__0_ _1k y f_. Ij-�_� --- --- — Waterline improvements 5400.5600.5808.00 100,000 10007 1 Water line improvements 5400.5600.5808.00 300,000 01023 1 EXHIBIT a - 9 _ W:\Utiities Project Management Team\White River Stream Restoration Project\Restoration analysis\BAForm_2011_White River use attainability analysis W/S Committee Page 7 of 48 THE CITY OF FAYETTEVILLE,ARKANSAS aye evl le DEPARTMENT rChlr2fW.�fl f�l�rs, Inc. R ca»ls2s-e �296ii9 -s2s2 ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Co ttee Date: February 25, 2011 Subject: Information Paper-Noland Wastewater Treatment Facility NPDES Permitting Issues Relating to Total Dissolved Solids, Chloride, and Sulfate SITUATION ADEQ has informed the City that the Noland WWTF National Pollutant Discharge Elimination System (NPDES) permit, currently being developed by ADEQ and scheduled for final issuance in May, 2011,will contain limits on total dissolved solids (TDS) and minerals, specifically chloride(CI-), and sulfate (SW), ), unless other actions are taken. The segment of the White River where the Noland plant discharges is on the 303(d) impaired streams list for turbidity(sediment), TDS, Cl-, and SOa. Concentrations measured in the White River both above and below the Noland W WTF discharge exceeded the current site specific water quality standards (WQS)of: Cl- -20 mg/l; SW -20 mg/l; and TDS -160mg/l. According to ADEQ representatives, no point source dischargers are allowed to cause or contribute to an identified impairment. Because the reach of the river where the Noland W WTF effluent discharges (Reach 23) is on the 303(d) list,Noland's effluent, which does contain TDS, Cl-, andSW,, is subjected to the site specific WQS set for the White River. Any discharge at concentrations above the water quality standards is deemed to contribute to the impairment. As a result, if our NPDES permit were issued today, these same concentrations would become NPDES permit limits. Jonesboro and Huntsville have recently faced this issue same issue. ALTERNATIVES Fayetteville and CH2M HILL staff met with ADEQ staff at 2:00, January 26, 2011, to discuss alternatives. ADEQ staff included Ryan Benefield, Steve Drown, Mo Shaff, Marysia Jastrzebski, John Bailey, and Kim Fuller. City representatives included David Jurgen, Dr. Robert Blanz, P.E., PhD, Billy Ammons, and Duyen Tran. Based on the discussion and the recommendations from ADEQ, Fayetteville has several courses of action. These are not all mutually exclusive; some may be considered in combination. 1. Change the site specific water quality standards. This requires a third party petition to the Arkansas Pollution Control and Ecology Commission (APCEC)requesting an amendment to Regulation 2. It involves performing a Use Attainability Analysis (UAA), which evaluates aspects of the river with respect to the designated uses of the waterway. Designated uses for the White River are aquatic life and drinking water. Aquatic life water quality standards are variable, but as a minimum the drinking water standards of Cl--250 Mg/l; SW - 250 mg/l; and TDS - 500mg/1 would apply. Modifying the site specific water quality standard is the most common approach and was recommended by ADEQ in the January 26 meeting. This is the method Jonesboro selected to address the same issue. The UAA may take a full year or more to complete before the petition to modify the water quality standards can be submitted to the APCEC for consideration, and the Page 1 of Noland NPDES Permit Info Mem 28FebI I.doc W/S Committee Page 8 of 48 CH2M Hill Engineers, Inc. Page 9 of 12 APCEC may take another year to make a determination. Simultaneously, we should use every means to get issuance of the new permit delayed. ADEQ staff at the meeting expressed great reluctance to grant an extension, for fear of setting a precedent. Huntsville exerted significant political influence through the City, legislative attention, and the Poultry Federation. As a result, Huntsville received a three year permit that includes monitoring requirements, but no discharge limits, for Cl-, SW, and TDS. This was very unusual, and is not available for Fayetteville because we are major discharger. Additionally, this did not solve Huntsville's problem- it simply delayed the final conclusion. Historically, once monitoring begins, discharge limits almost always follow. Thus, Huntsville can expect limits on minerals and TDS when their next permit is issued. 2. Eliminate the source of the TDS and minerals in the stream that are causing the water quality standards to be exceeded. The West Fork of the White River shows impairment upstream from the City's outfall. The Middle and main forks of the White River do not. ADEQ representatives have stated that concentrations of minerals were not an issue until 2004, when a significant increase in TDS and minerals was observed. These higher concentrations have remained since, indicating a long term change in conditions. Staff is obtaining and reviewing the data to further identify exactly when the change occurred. Eliminating the source of this change, and thereby eliminating the source of the minerals, is a hit-or-miss proposition, as a preliminary review has not indicated any potential source for such a change. It may be induced by human action, or may be caused by natural phenomena. The only potential cause identified thus far is the major flood that occurred on April 23-24, 2004. The City of West Fork WWTF is the only other permitted point source upstream; its flow volume is comparatively minor and is extremely unlikely to be the source. Positively identifying the source will take comprehensive stream sampling, and will probably prove unsuccessful no matter how much effort is applied. This alternative should be investigated, but cannot be relied upon as a sole solution to the permitting problem. 3. Do nothing to change the standards. This alternative creates two sub-choices: a. Upgrade the WWTF to meet the new permit limits. This will result in an approximate$45 million (very preliminary estimate) initial capital and $2 million increased annual operational cost for treatment, which could approach a present worth value of$100 million over the life of the Noland facility. b. Do not upgrade the WWTF, and accept not meeting the permit requirements. This will result in fines from ADEQ which would be levied as soon as the new limits take affect(this was made clear in the January 26 meeting). 4. Change the state-wide water quality standards. Several cities in Arkansas have faced this issue in recent years, and it will become more common in future permits. As a result, ADEQ representatives agree that there is significant benefit to changing these water quality criteria on a state-wide basis. This process would likely take at least 3 — 5 years, if it would be successful at all. It is also very expensive, and according to the ADEQ officials in our meeting is not currently feasible for ADEQ. This is the best long-term solution, but will not solve the issue for Fayetteville. 5. Invoke legislative action to allow or force ADEO to address the Regulation. This is a state-wide problem that will impact multiple municipal and other dischargers. As every ADEQ representative agreed, this is not an environmental impact issue but a regulatory one that they are required to enforce. These constituents have no negative impact on the environment at the levels cited in the Regulation, but changes in the White River flow and the low flows experienced in 2007 have caused this to become a permitting issue. ADEQ stated they are unwilling to address the problem on a state-wide basis due to lack of funding and manpower to do so. It will take legislative action to change this position. If no state-wide action is taken by ADEQ, then the responsibility is placed directly on each permitted discharger, who then must invest in a $300k - $400 study to make a third party rule change. Any legislative change may help other NPDES permit holders,but cannot occur in time to help with Fayetteville's situation. Page 2 of 4 Noland NPDES Pennit into Mem 28Feb 1 l.doc W/S Committee Page 9 of 48 CH2M Hill Engineers, Inc. Page 10 of 12 6. Partner with West Fork, as the only other NPDES permitted facility on the White River upstream of Beaver Lake. Their NPDES permit expires in 2012. If the ADEQ approach remains unchanged, they will face the same problem. This would require two to four additional sampling sites on the West Fork, but otherwise would not add significant work to the process. West Fork staff is evaluating, and we are executing our initial work so they could join in and cost share on the study and petition. RECOMMENDATION As soon as possible, initiate a plan to conduct a UAA. Send the plan to ADEQ for review, comment, and(if they will grant such)approval. Start the UAA soon enough that we catch the spring conditions this year. Request a two year extension of our existing permit from ADEQ while we undergo the study and submit the WQS standards change request to the APCEC. Select and hire an attorney specializing in environmental law to submit the request to the APCEC. Structure our initial work such that West Fork can participate allowing for them to cover their portion of the expense. BACKGROUND and ADDITIONAL INFORMATION All attendees in the January 26 meeting agreed these standards are not reasonable for wastewater, and there is no scientific evidence that we know of suggesting that minerals and TDS in the concentrations present in either the river or the wastewater effluent cause harm or degradation to aquatic life or other aspects of the environment. We are not aware of another NPDES permit in Arkansas that currently has discharge limits on these parameters, although Jonesboro and Huntsville have had to address the issue. Most states do not appear to have any type of water quality standard for these minerals and ADEQ admitted that the standards as they currently exist provide no known benefit to the environment. ADEQ further acknowledged that the standards themselves should be changed but insisted that they had neither time nor resources to perform that action. The standards were introduced into the state-wide regulations by ADEQ in the late 1970's,based on a study conducted at that time. That study cannot now be found. Thus, they cannot find the reason these standards were first identified- neither for the entire state nor for the White River. Additionally, there are different impaired water body uses for the White River in the 303(d) list in the 2004, 2006, 2008, and (draft) 2010 publications,but ADEQ staff has not identified the reasons for these changes. It is, they agreed, possible that these numbers, and the resulting inclusion on the 303(d) list, are the result of an error. However, now that the numbers are in the Regulation, they must be either be followed or formally changed. As a point of comparison, the proposed limits are much stricter than the recommended standards for finished drinking water, which has recommended (but not required) standards shown in the table below. The City has never monitored our effluent for these items. There was never a reason to. Preliminary monitoring, conducted since the issue was brought to our attention, indicates our effluent, at that time, contained the concentrations shown below. The BWD drinking water concentrations are shown as well. Constituent White River Noland Effluent Drinking BWD 2009 Limit (Jan 2011) Water Limit' Actual Chloride 20 Average 40.5 250 9 range 38.2 - 44.3 Sulfate 20 Average 57.1 250 27.6 range 37.3 - 61.4 Total Dissolved Solids 160 Average 458, 500 95 range 397 - 680 These are aesthetic standards recommended by USEPA and ADH for drinking water; they are not mandatory. z These are samples taken in January, 2011. These could change drastically for different seasons, influent changes, and treatment process changes. Page 3 of 4 Noland NPDES Permit Info Mem 28Feb 1 l.doc W/S Committee Page 10 of 48 CH2M Hill Engineers,Inc. _ Pagel 1 of 12 303(d) List Summar 303(d) Stream Reach Impairment Impaired Use Reason Year for Which City 2002 West Fork, None N/A N/A Fayetteville 2004 West Fork TDS, SOa Agriculture & Industry Road const& agriculture 2004 Fayetteville TDS, Cl-, SO4 Agriculture& Industry Road const& agriculture 2006 West Fork TDS, SOa Agriculture& Industry Unknown 2006 Fayetteville TDS, Cl', SOa Agriculture&Industry Unknown 2008 West Fork TDS, SO4 Agriculture&Industry Unknown 2008 Fayetteville TDS, Cl-, 5O4- Agriculture&Industry Unknown 2010 West Fork TDS, SO4 Agriculture&Industry Unknown 2010 Fayetteville TDS, Cl , SOa None Listed, verbally Unknown Aquatic Life (Fisheries) Page 4 of 4 Noland NPDES Pormi[Info Mem 281761 I.doc W/S Committee Page 11 of 48 C.1 CH2M Hill Engineers, Inc. Page 12 of 12 W/S Committee Page 12 of 48 City of Fayetteville Staff Review Form C 2 Arkansas Western Gas Company City Council Agenda Items Page 1 of 10 and Contracts, Leases or Agreements 15-Mar-11 City Council Meeting Date Agenda Items Only David Jurgens Utilities Capital Projects Utilities Submitted By Division Department Action Required: Approval approval of a cost share agreement with Arkansas Western Gas(AWG)to extend gas service to the Noland Wastewater Treatment Facility(WWTF), and approval of a bid waiver. N/A 78,454 Utilities Cost of this request Program Category/Project Name 5400.5110.5310.00 8,211 East Side WWT Account Number Funds Used to Date Program/Project Category Name N/A 70,243 Water/Sewer Project Number Remaining Balance Fund Name Budgeted Item u Budget Adjustment Attached Previous Ordinance or Resolution# N/A Depa rr ent Dir ctor Date 7 Original Contract Date: / 2-Z y- Original Contract Number: ney Date ` A Q. 2 2S•2a1t Finance and Internal Services Director Date Received in City 02-23-11P01 :49 RCVD Clerk's Office V1't. __ �•3�171 Chief of Star Date Received in Mayor's Office 03 iH3 a or �y D�' Comments: Revised January 15,2009 W/S Committee Page 13 of 48 CITY COUNCIL AGENDA MEMO Taywette—di le MEETING DATE OF MARCH 15,2011 THE CITY OF FAYETTEVILLE,ARKANSAS APKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Com i tie Date: February 22, 2011 Subject: Approval of a cost share agreement . h Arkansas Western Gas to extend gas service to the Noland Wastewater Treatment Facility RECOMMENDATION Staff recommends approval of a cost share agreement with Arkansas Western Gas (AWG) to extend gas service to the Noland Wastewater Treatment Facility(W WTF), and approval of a bid waiver. BACKGROUND 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. Fuel prices and tipping fees make the current landfill operation much more expensive than when selected in 2003. There are also significant risks inherent in landfilling, as demonstrated by the American Environmental Landfill's sudden refusal to accept biosolids on 26 August, 2008. Finally, landfilling represents a waste of a potentially valuable biosolids product. Six solar dryer units currently under construction are expected to dry the material to a range of 40— 70% solids, depending upon weather conditions. The thermal dryer, also under construction, will dry the biosolids to over 90% solids, and allow for virtually unrestricted and unlimited use of product. We are currently investigating a number of possible beneficial reuses for the dried biosolids after the first batch is processed. DISCUSSION The thermal dryer requires natural gas for operation. The current AWG pipeline lacks capacity. This agreement provides for the construction of a 14,500 foot pipeline that has sufficient capacity for current and all future anticipated natural gas requirements. In this agreement, the City agrees to pay a minimum charge of $5,963.00 per month for 120 months for gas service to the Noland W WTF, including the new biosolids thermal dryer. If the monthly consumption charge is below $5,963.00, then the City pays the minimum of$5,963.00. If the consumption meets or exceeds $5,963.00, then the City only pays for the volume consumed. This is a standard method of paying for Public Service Commission utility extensions. We intend to evaluate possible use of other fuels in the future to supplement natural gas. These require extensive evaluation and air permitting approvals, and will be evaluated after the initial process is in operation. BUDGETIMPACT Funds are available in the Wastewater Treatment operations budget. AWG CCMemo 22FebI Ldoc W/S Committee Page 14 of 48 ARKANSAS WESTERN GAS COMPANY MAIN EXTENSION AGREEMENT This Main Extension Agreement ("Agreement") is made and entered into this day of ("Effective Date") by and between the City of Fayetteville, Arkansas (hereinafter referred to as "City"), and Arkansas Western Gas Company (hereinafter referred to as "AWG"). WHEREAS, City is desirous of securing an increase in the amount of natural gas service provided by AWG to the City's Paul R. Noland Wastewater Treatment Facility (the "Wastewater Treatment Facility"); and WHEREAS, AWG is desirous of furnishing that increased amount of natural gas service to the City at the Wastewater Treatment Facility, in accordance with the rates, terms and conditions set forth in AWG's Tariff filed with the Arkansas Public Service Commission ("Commission"); and WHEREAS, in order to supply the increased amount of natural gas service to the Wastewater Treatment Facility, AWG will be required to extend its gas mains by constructing a gas distribution main from its P-228A pipeline located at the northwest corner of the intersection of Highway 16 East and Cunningham Road in Fayetteville, to the Wastewater Treatment Facility, a distance of approximately 14,500 feet (hereinafter referred to as "the Extension"); and WHEREAS, AWG is willing to construct the Extension, but the expected increased revenue from the increased amount of natural gas service to the Wastewater Treatment Facility is insufficient to justify the necessary investment on the part of AWG to construct the Extension; and WHEREAS, City is willing to pay part of the cost of the Extension, by paying to AWG a minimum of $715,560.00, in the form of Delivery Charges pursuant to AWG's Tariff filed with the Commission and/or Construction Charges (as described below), over a period of 120 months. 1 W/S Committee Page 15 of 48 NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND OTHER VALUABLE CONSIDERATION HEREIN ACKNOWLEDGED, CITY AND AWG AGREE AS FOLLOWS: 1. City will pay AWG a non-refundable amount in aid of the construction of the Extension. For the month after the Extension is completed and in operation, and for each of the next 119 months (this 120 month period will hereafter be referred to as the "Repayment Period"), City will pay to AWG a minimum of$5,963.00 per month in the form of a Delivery Charge, pursuant to the Rate Schedule of AWG's Tariff under which City is being supplied natural gas service at the Wastewater Treatment Facility, and/or a Construction Charge. For any month during the Repayment Period during which City's usage of natural gas service at the Wastewater Treatment Facility is such that the Delivery Charge from AWG for that month is equal to or greater than $5,963.00, City shall pay no Construction Charge to AWG. However, for any month during the Repayment Period during which City's usage of natural gas service at the Wastewater Treatment Facility is such that the Delivery Charge from AWG for that month is less than $5,963.00, City shall pay to AWG the difference between $5,963.00 and the amount of the Delivery Charge for that month as a Construction Charge. During the Repayment Period, City will pay to AWG a minimum of $715,560.00 ($5,963.00 x 120 months) in Delivery Charges and/or Construction Charges. All Delivery Charges and Construction Charges will be billed to City on City's regular bill for natural gas service from AWG. During the Repayment Period, City will pay each month, in addition to the Delivery Charge and/or Construction Charge, all additional applicable charges, taxes and fees pursuant to the Rate Schedule of AWG's Tariff under which City is being supplied natural gas service at the Wastewater Treatment Facility (for example, the Customer Charge, the Cost of Gas Charge, any applicable rate adjustment charges, any applicable taxes and fees). If City ceases using natural gas service from AWG at the Wastewater Treatment Facility prior to the end of the Repayment Period, then City will pay to AWG the difference between $715,560.00 and the total amount of Delivery Charges and/or Construction Charges which City has paid to AWG during the Repayment Period prior to City ceasing the use of natural gas service from AWG at the Wastewater Treatment Facility. 2. AWG has computed the above-stated minimum amount of$715,560.00 in Delivery Charges and/or Construction Charges based on the construction conditions at the site of the Extension as currently known by AWG. Should AWG encounter any construction conditions of which AWG is presently unaware, including, but not limited to, the need for: the excavation of rocks, the clearing of a right of way, the payment of right of way acquisition costs, and the need to perform boring of a road as part of a road crossing, then City will pay AWG, in addition to the sum set forth earlier in Paragraph 1 above, an amount equal to the additional costs incurred by AWG as a result of the construction condition(s) of which AWG was unaware at the time of the execution of this Agreement. AWG will adjust upward the above-stated minimum amount of $715,560.00, and the corresponding monthly minimum Delivery Charge and/or Construction Charge payments to reflect the additional costs of construction of the Extension. AWG will provide City with a written explanation for any additional costs for z W/S Committee Page 16 of 48 which City is being billed. Should the amount of the additional costs described in this paragraph exceed $72,000.00, the amount in excess of that $72,000.00 must be approved for payment by City's Mayor and City Council. 3. City hereby grants AWG a right of way license and permission to install and operate utility facilities on or across City's property as shown on the approved plans or sketch maps attached hereto and made a part of this Agreement. Prior to AWG beginning work on the Extension, City will, at no cost to AWG, furnish AWG with all necessary easements, rights of way and permits pertaining to land owned by City. Those easements, rights of way and permits must release AWG from any and all claims for damage done to streets, land, fences and crops arising out of the construction of the Extension, except for damages caused by AWG's gross negligence. 4. AWG will use its best efforts to obtain all necessary easements, rights of way and permits pertaining to land owned by persons other than City. 5. AWG will install the Extension. AWG plans to begin installation of the Extension on April 25, 2011. However, AWG will not begin the installation of the Extension until City has: a) provided to AWG all necessary easements, rights of way and permits, pertaining to land owned by City, in a form acceptable to AWG; b) caused the right of way for the Extension to be clearly staked on land owned by City; c) caused the right of way on land owned by City to be reduced to final grade and cleared of all obstructions of any kind, to the satisfaction of AWG; and d) satisfied all the terms and conditions for service in accordance with AWG's Tariff. Moreover, AWG will not begin the installation of the Extension unless and until it has obtained all necessary easements, rights of way and permits, pertaining to land owned by persons other than City, in a form acceptable to AWG. The projected completion date of the Extension is September 30, 2011. AWG shall not be liable for delays in commencing or performing the installation of the Extension caused by the requirements of governmental authorities, lack of necessary easements, rights of way or permits, the unavailability of materials and supplies, accidents, strikes, acts of God, or any other event or condition of whatever nature beyond the control of AWG. AWG reserves to itself the unqualified discretion in dealing with any labor dispute that might delay the commencing or performing of the installation of the Extension. 6. Title to and ownership of the Extension, including the main, pipes and appurtenances, connections thereto and extensions thereof and laterals off of, and including the right to use, operate, maintain and remove same, shall forever be and remain exclusively and unconditionally vested in AWG. City understands, acknowledges and agrees that City shall have no title to, interest in, or ownership of the Extension; including the main, pipes and appurtenances, connections thereto and extensions thereof and laterals off of the Extension. 7. City understands, acknowledges and agrees that this Agreement shall not limit AWG's right to use, extend or change its facilities in any manner or obligate AWG to render any particular service except in the regular conduct of its business as a gas 3 W/S Committee Page 17 of 48 utility and in accordance with its applicable Tariff and the rules and regulations of the Commission. 8. City's obligation to pay the amounts stated in this Agreement shall not be affected by any other customers of AWG being connected to and served off of any future extensions or laterals coming off the Extension. City specifically understands, acknowledges and agrees that AWG has the right to make further extensions to or laterals off of the Extension, including any extensions or laterals that extend beyond the physical boundaries covered by this Agreement, without any reduction of obligation whatsoever on the part of City. 9. The decision to make further extensions to or laterals off of the Extension, or to serve other customers from such further extensions or laterals, shall be at the sole discretion of AWG, in accordance with its Tariff and the rules and regulations of the Commission then in effect. 10. If an engineering study has been performed in connection with the Extension, a summary of that study is attached to, and made a part of, this Agreement. 11. AWG and City acknowledge that there are no agreements or understandings, written or oral, between the parties related to the Extension other than as set forth in this Agreement, and that this Agreement contains the entire agreement between the parties hereto. This Agreement may not be amended except by written amendment signed by both parties. 12. This Agreement shall be governed in accordance with the laws of the State of Arkansas, the rules and regulations of the Commission, and the Tariff of AWG. In the event of a conflict between this Agreement and any such laws, rules, regulations or Tariff, such laws, rules, regulations or Tariff shall control. 13. This Agreement shall be binding upon the parties hereto and their respective successors and assigns; provided, however, that City shall not have the right to assign this Agreement without the express prior written consent of AWG, which consent shall not be unreasonably withheld. 14. Contracts to which City is a party and documents prepared in connection with work performed under such contracts, which are in City's possession, are subject to the Arkansas Freedom of Information Act (Ark. Code Ann., Section 25-19-101 et seq.). 4 W/S Committee Page 18 of 48 15. City acknowledges that it has been afforded an opportunity to have its attorney review and explain the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their duly authorized representatives on the date stated above. 'MA4 ARKANSAS WESTERN GAS COMPANY CITY OF FAYETTEVILLE, ARKANSAS By: By: Its: \I1� Its: Attest: s W/S Committee Page 19 of 48 a e evi le CITY COUNCIAGENDA MEMO Y MEETING D,fli� t9�8a3v4L�i�'cl�clo�lsTt9�tlon,Inc. THE CITY 0"AY@119Q1LLE,ARKANSAS ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Fayetteville Water and Sewer Com tee Date: February 23, 2011 Subject: Construction contract with Sweetser Construction, Inc. for$1,057,331.00 with a 5% contingency of $53,000 to construct Water Main Interconnections &Stone Mountain Pump Station for Canterbury Road Water Tank, and a budget amendment of$1,110,331 RECOMMENDATION City Administration recommends approval of a construction contract Sweetser Construction, Inc. for$1,057,331.00, Bid 1 I-18, with a 5%contingency of$53,000 to construct Water Main Interconnections & Stone Mountain Pump Station for Canterbury Road Water Tank, and a budget amendment of$1,110,331 BACKGROUND A 500,000 gallon elevated water storage tank is under construction on Canterbury Road. The tank is being built to meet fire flow requirements,provide adequate flows during high demand periods, and meet industry standards and Health Department minimum storage requirements. Staff met with area residents regarding paint color, fencing style, site layout, and landscaping in October, 2009. 'Their requests were incorporated into the final design. The second phase of the project is for water main interconnections a new water pump station in the Stone Mountain subdivision off of Highway 265 to provide the required pumping capacity for the additional storage volume. DISCUSSION The Contract is to construct a 1,200 gpm water pump station, approximately 413 feet of 18-inch PVC water main, 3,273 feet of 12-inch ductile iron water main,2,000 feet of 8-inch PVC water main, and related facilities to support the Canterbury 500,000 gallon elevated water storage tank. The City opened six bids on February 16, 2011. Construction will begin this spring and will be completed this fall. Sweetser Construction $1,057,331.00 C-2 Projects $1,168,371.35 Dean Crowder Construction $1,259,924.00 Redford Construction $1,274,163.00 Goodwin&Goodwin $1,435,143.00 Seven Valley's Concrete Not Licensed Engineer's Estimate $1,225,285.00 The bid was reviewed by McClelland Engineers; their letter recommending award is attached. Sweetser Construction, Inc. has completed multiple projects to the satisfaction of the City of Fayetteville. BUDGETIMPACT Funds are available in the water impact fees budget. The budget amendment for$1,110,331 is attached to transfer funds from the impact fee fund to the water/sewer fund. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 Stone Mtn CCMemo 231`6201 Ldoe W/S Committee Page 20 of 48 k 3 Bid#11-18 Sweetser Construction,Inc. Page 4 of 2 EXt�IBIT : DOCUMENT 00500 a CONTRACT THIS AGREEMENT, made and entered into on the ._day of March, 2011 by and between Sweetser Construction, Inc., Fayetteville, Arkansas, herein called the Contractor, and the City of Fayetteville, Arkansas, Owner: WITNESSETI-I: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the City of Fayetteville as follows: 1. That the Contractor shall furnish all the materials, and perform all of the work in manner and form as provided by the following enumerated Drawings,Specifications,and Documents,which are attached hereto and made a part hereof, as if fully contained herein and are entitled Water Main Interconnections and Stone Mountain Pump Station for Canterbury Road Water Tank, dated November 2010. Advertisement for Bids Maintenance Bond Instructions to Bidders General Conditions Bid and acceptance thereof Supplemental Conditions Performance Bond Specifications Payment Bond Drawings (See Sheet Index below) SHEET INDEX SHEET NO. SHEET DESCRIPTION 1 Cover Sheet ---- 2 Index, Legend and Water Main Location Ma 3 Water Main Interconnections, Ridgely Dr/Manor Dr and Lovers Lane, Sta. 0+00 to Sta. 4+00, Plan and Profile 4 Water Main Interconnections, Lovers Lane, Sta. 4+00 to Sta. 9+58, Plan and Profile _ 5 Water Main Interconnections, Canterbury Road, Sta. 0+00 to Sta. 5+60, Plan and Profile 6 Water Main Interconnections, Canterbury Road, Sta. 5+60 to Sta. 11+60, Plan and Profile _ 7 Water Main Interconnections, Canterbury Road, Sta. 11+60 to Sta. 17+26.91, Plan and Profile 8 Stone Mountain Purn Station Location Ma 9 Stone Mountain Pump Station Site Plan 10 Stone Mountain Pump Station, Pump Station Layout 11 Stone Mountain Pump Station, Pump Station Details 12 Stone Mountain Pump Station, Fence and Bollard Details 13 Water Main Details FY042150 Canterbury Road Water Mains Section 00500- 1 W/S Committee Page 21 of 48 A.3 Did#11-18 Sweetser Construction, Inc. Page 5 of 28 14 Water Main Details 15 Water Main Details 16 Water Main Details, Combination Air Valve Details 17 Ridgely Drive/Manor Drive and Lovers Lane, Sta. 0+00 to Sta. 9+58, Erosion Control Plan 18 Canterbua Road, Sta. 0+00 to Sta. 11+60, Erosion Control Plan 19 Canterbury Road, Sta. 11+60 to Sta. 17+26.91, Erosion Control Plan 20 Erosion Control Details 21 Hyland Park Waterline Extension, Erosion Control Plan E-1 Stone Mountain Pump Station, Electrical Site Plan and Building Layout JORGENSEN &ASSOCIATES PLANS HYLAND PARK WATERLINE EXTENSION CLIFFSIDE DRIVE TO CANTERBURY ROAD _ SHEET NO. SHEET DESCRIPTION 1 Cover Sheet, Location Map,Vicinity Map, Index 1-5 Water Plan & Profile, Sta. 0+00 to Sta. 29+12 6 Water Details, Not Used 2. That the City of Fayetteville hereby agrees to pay to the Contractor for the faithful performance of this Agreement,subject to additions and deductions as provided in the Specifications or Bid, in lawful money of the United States, the amount of: One Million, Fifty-Seven Thousand, Three Hundred, Thirty-One Dollars ($1,057,331.00) 3. The Work will be completed and ready for final payment in accordance with the General Conditions within 150 calendar clays after the date when the Contract Time commences to tun,as provided in the Notice to Proceed. 4. Liquidated Damages: The City of Fayetteville and Contractor recognize that time is of the essence of this Agreement and the City of Fayetteville will suffer financial loss if the Work is not completed within the times specified in above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays,expense,and difficulties involved in proving the actual loss suffered by the City of Fayetteville if the Work is not completed on time. Accordingly,instead of requiring any such proof,the City of Fayetteville and Contractor agree that as liquidated damages for delay(but not as a penalty)Contractor shall pay the City of Fayetteville Seven Hundred Dollars($700.00)for each day that expires after the time specified in Paragraph 3 for completion and readiness for final payment. 5. That within 30 days of receipt of an approved payment request, the City of Fayetteville shall make partial payments to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor, LESS the retainage provided in the General Conditions,which is to be withheld by the City of Fayetteville until all work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the City of Fayetteville. FY042150 Canterbury Road Water Mains Section 00500-2 W/S Committee Page 22 of 48 A.3 Bid#11-18 Sweetser Construction, Inc. Page 6 of 28 6. That upon submission by the Contractor of evidence satisfactory to the City of Fayetteville that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full,final payment on account of this Agreement shall be made within 60 days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the City of Fayetteville. 7. It is further mutually agreed between the parties hereto that if,at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the City of Fayetteville shall deem the Surety or Sureties upon such bond to be unsatisfactory or if, for any reason such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within 5 days after the receipt of notice from the City of Fayetteville,furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City of Fayetteville. In such event,no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City of Fayetteville. 8. No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the City of Fayetteville in writing. 9. Freedom of Information Act. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Arkansas Freedom of Information Act request is presented to the City of Fayetteville,(Contractor)will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act(A.C.A. §25-19-101 et. Seq.). Only Legally authorized photocopying cost pursuant to the FOIA may be assessed for this compliance. FY042150 Canterbury Road Water Mains Section 00500-3 W/S Committee Page 23 of 48 A.3 Bid#11-18 Sweetser Construction,Inc. Page 7 of 28 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first above written,in three(3)counterparts,each of which shall,without proof or accounting for the other counterpart be deemed an original Contract. SEAL: Sweetser Construction, Inc. CONTRACTOR WITNESSES: By Secretary President ATTEST: CITY OF FAYETTEVILLE, ARKANSAS OWNER City Clerk Mayor FY042150 Canterbury Road Water Mains Section 00500-4 W/S Committee Page 24 of 48 A,3 McCLECCAND Bid#118W%a@OHegP9RWrU0on,Inc. Page 10 of 28 PO.BOX 1229 MACECONSULT/NG Fayetteville,Arkansas 72703172702-1229 PHONE: 479-443-2377 DESIGNED TO SEgYE ENGINEERS, INC FAX: 479-443-9241 February 18,2011 Mr. Shannon Jones, PE Water&Wastewater Engineer City of Fayetteville 113 W. Mountain Fayetteville,AR 72701 RE: Bid Opening Water Main Interconnections and Stone Mt. Pump Station Dear Mr. Jones: Bids were opened on the referenced project at 2:00 PM,Wednesday, February 16, 2011 at Fayetteville City Hall. Six bids were received. Five of the six bidders are broperly licensed. Seven Valleys Concrete LLC is licensed for concrete work only. I talked to Mr. Larry Loyd at the Arkansas Contractor's Licensing Board. He advised me that if Seven Valley's had bid under"Seven Valley's Construction Company",they have the appropriate license number for underground utility work and that their bid would have been acceptable. However,Seven Valley's Concrete LLC is not licensed for utility work and cannot submit a bid under the concrete license number for underground utility work. I will advise Seven Valley of this. The bids have been checked and tabulated, and a Bid Tabulation is attached. The low bid was from Sweetser Construction Company in the amount of$1,057,331.00 This is somewhat lower than our Engineer's Estimate of$1,225,285, as submitted on December 1, 2010. Sweetser has successfully completed multiple projects for our Firm and for your city over the last several years. Consequently,we recommend that the Contract be awarded to Sweetser Construction Company in the amount of$1,057,331.00. Please let us know if we can send Sweetser a Notice of Award, and get them started on the pump station submittals. Very Truly Yours, 1 Robert W. White, PE Project Engineer Encl: Bid Tabulation 1:2004/042150/Correspondence/Jones 2-18-11.doc W/S Committee Page 25 of 48 u OcC ',�O aaL0 0OOV0IN�M0o0oNV oNO0O0oSOH O00N�)�00Om 00N(NM�00SQry 000ph000O 000WN00Nh m0000ON 0oNm0N0M1C5 dN000m00O0 0 p 000000000000000000000000oo00o 0 0000 S 0000000 N OO N N. M 0m M W Q �NNm U O O W e9 (9 f9 f9 N N V) N UOC 0.00 O O O 00 O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 •; H O O O p O O616 0.O O O O O O O O O O O O O O O 000 O S S O O O O O O 0 0 0 0 0 y 0 S 0 0 W Q ..A SNN NVM . .. ... ... .. SV0.0N W NO W QOM�S NN m S NyO �mr'NNM , 3 w U) N O OO O�OW W O MO O O O O Oaa{{O O.....OOO OO O O 0y ....... 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OOON N N N N O W0000000o0 0— WOO N f0 bOi O O y m O 1`V O M OO OO 66 N N b Oi O O <O O O Q y QN O y N N m O h M N O O N 0 W V M t0 W W W W O O N M O W N N (O Q O) p01 W �t9 Vi M /n bi U 0 V N W M O M O O O OO W O O N W O O q N O) I`Q W P O O O O N M Q N O N Mo O d O Q W N N O O OO O >00 O W O D o h N W 10 N N N m O h W N O O 01181AW X19 bi(000 N MOW N N Ip P O ^i Oi [Q NM(H W �W V) N 0 0 0 0 0 0 0 0 0 .0 .0 O O O O O N y N N h Ih OO O O N W lOO O O N W O O N 0 N C M�y N h hCC W N p Oy m T O W O N O h O O M «Ki N�Mf9 U)M KMM NNN �IAW � M W VNi tW0 UIj M M O � O' O N N N O O O O O 00 O O O O O 00 O O O N C N H O N[p h O W O O O O O O O O O O N O R O V Q W W r f9 19 N fW0 N O 1° N O n O N ly N N N Vi 19 N O N OI O m O N O h O O d d N N •C N a(A N W Oi 01 W O N N N s O O 7 N N w bf f9 in � 19 V f9 A y N N LL O 000.000O O O O O O O go.. 0 0 0 0 0 0 O O O O O O O O O W ON 0 d a 0p y O O O OO OO O O O O OO O N O N O N W O W �' O _ 0 O ,t+ ONad NW �NN N� b! NO UNi�M M 4N3 O N V L T W LL 0 (H W Fd A U O N O C LL U o O o 0 o 0 0 0 o o O o 0 o O o o O 0 N O N O O 1 0 0 0 O O O O O O O O O O O (ff U d � 0 IN(O N(OO 1D OO O O OO O N+y O^ O (O O (O O N h M m O O O T N m O O d U 1°W iq f0 ry N N N O h O h N W M W C M W S W N' N N N M h N Q W M W W(O N J 0 J J J J J M J J J J J J O O O tl N N N O M O O�- Cl' rN(VQ d O d d d t N C V 5 a D M i Q a m o 0 J E N N d N N N Q 0 00 3 m C W ° m E.0 d U 3W s o m c d a m ay `t o V' K d `o p 0 o c � E 01 m v pE v C ul m r in O p a o V a N d N mo `o Z C N rN c d U K mxx E2v mw Nw ° E o tt�9 ='ac o LL o mm d dDu' Ua ° ,<oG c S v� v v a m u o t _ cc$ mrvoam0 �; v cam U�UUU(71-w QI 3Wd`L NILL V NQf/! W � `L N O � y y d of 48 �l A.3 Bid#11-18 Sweetser Construction,Inc. Page 13 of 28 II DOCUMENT 00300 BID FORM UNPf PRICE NOTE TO BIDDER: Please use BLACK ink for completing this Bid form. I: . To: The City of Fayetteville, Arkansas Address: 113 West Mountain Fayetteville, AR 72701 Project Title: Water Main Interconnections and Stone Mountain Pump Station For Canterbury Road Water Tank Engineer's Project No.: FY042150, Contract Section II Arkansas Contractor's Date: /o,2D// License No.: AR CONTRACTOR UCEN: moat 1 Bidder: � tser-f,'O ructlon Address: 590 West Poplar YetlEVIlle, Ar. 72703 — Contact Person for additional information on this Bid: Name: !Pe, J lR-bol-�t 14'p Telephone: qq - �o24 Fax: ADDENDA The Bidder hereby acknowledges that he has received Addenda Numbers: � / 21 , 30 1/ to these Specifications. (Bidder insert N . of each Addendum received.) FY042150 Canterbury Road Water Mains Section 00300-1 W/S Committee Page 28 of 48 A.3 Bid#11-18 Sweetser Construction, Inc. Page 14 of 28 SALES AND USE TAXES The Bidder agrees that all federal, state,and local sales and use taxes are included in the stated bid prices for the work. UNIT PRICE BASE BID The Bidder agrees to accept as full payment for the work proposed herein the amount computed under the provisions of the Contract Documents and based on the following unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The bidder agrees that the unit prices represent a true measure of the labor and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in the Contract Documents. The amounts shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern. 1 e k. 1. I LS Act 291, 1993 Trench and Excavation Safety System jj - ave-W�+-�>� Dollazs/LS Words 2. 413 LP 18-Inch PVC,C-905, DR-l8 Water Main ($ 79Words - 7 ..._— 3. 78 LF 12-Inch Restrained Joint DIP,Class 350 ($�6 ' ) ($ with Double Polywrap /Ztr ?i,�* Dollars/LF Words � oQ �'/ ,L oc 4. 3,276 LF 12-Inch Ductile Iron Pipe,Class 350 with ($ ) ($4-r�y Z r Double Polywrap Dollars/LF Words 042150 Canterbury Road Water Mains Section 00300-3 .•t W/S Committee Page 29 of 48 A.3 Bid*11-18 Sweetser Construction,Inc. Page 15 of 28 =:Ili! 1 la;1 1;i 1 1: iii 11 1: Mil !1 1: 0: 1 b 5. 30 LF 8-Inch Ductile Iron Pipe,Class 350 with ($ 27r 5b) ($ Double Polywrap / 0// 6 ro tOsUa. i• A'VO, ollars/LF Words ZW 6. 1,997 LF 8-Inch PVC,C-900,DR-14 Water Main d[Jer -10.> Do(lars/LF 'Alords ° 7. 40 LF 6-Inch Ductile Iron,Class 350 Fire ($ �' •7'o) ($ 1'e>lfa ) Hydrant Stubs with Double Polywrap k-imAy Dollars/LF Words 8. 15 LF 2-Inch Polyethylene Service Tubing ($ d'? ) ($ s'n"! ) lwt�- &0 .—Dollars/LF Words 9. 270 LF I-[rich Polyethylene Service Tubing ($ ,Zp°o ) (S '9' Pomo t Dollars I F Words °o o° to, 3 EA 18-Inch Class 250B Butterfly Valve w/ ($ '75'95) Box Gvtr al�'�pr6�'- Dolr f s(EA vl�ords e° it. 1 EA 124nch Class 2508 Butterfly Valve w/ ($ Box u,tt✓k�- fit { (fu✓ polllars/EA —Words -- . 12. 8 EA 8-Inch Gate Valve w/Box ($ / D e°) "'Dollars/EA �— Words — 13. 6 EA 6-InchGate Valve w/Box 1�( &(I , ,,e�z, -3tttx. Dollars/EA Words FY042150 Canterbury Road Water Mains Section 00300-4 W/S Committee Page 30 of 48