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.
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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)
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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
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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
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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