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2013-09-10 - Agendas
WATER/SEWER/SOLID WASTE COMMITTEE AGENDA Feleve le MEETING DATE OF SEPTEMBER 10, 2013 THE CITY OF FAYETTEVILLE,ARKANSAS a RKANSAS Committee: Chairman Mark Kinion; Aldermen Sarah Marsh, Martin Schoppmeyer, Alan Long Copy to: Mayor Lioneld Jordan; Sondra Smith, Don Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris Brown, Lynn Hyke, Shannon Jones, P e ll, yander, CH2M Hill From: David Jurgen, P. E., Utilities Director A Fayetteville Water, Sewer and Solid Waste Commwill be held on September 10,2013,5:30 PM, following the City Council Agenda Session, in room 32e City Hall. Proposed topics include: Agenda Items Requiring Committee Approval 1. Razorback Road Water/Sewer Relocations construction contract with Fochtman Enterprises, Inc. for $711,833.70, Bid 13-46, with a contingency of$75,000 is attached. The AHTD is widening Razorback Road from Martin Luther King Blvd.to Nettleship Street to four lanes, and the utilities must be moved out of the right of way (ROW). Existing water and sewer lines in this section of roadway are located within the AHTD ROW, so the City will bear the expense to relocate these lines. Most of the existing water lines are 12-inch diameter and will not require upsizing. The majority of the existing 6-inch sewer lines are being upsized to 12-inch to accommodate the game day sewer flows attributed to the west side of Razorback Stadium. Under this contract, we will replace approximately 3,000 feet of water and sewer line. The City o ened five bids on Au gust 22, 2013. Trulove Dirt Works, LLC $ 536,259.00 Fochtman Enterprises, Inc. $ 711,833.70 Sweetser Construction, Inc. $ 927,440.50 Goodwin & Goodwin, Inc. $ 941,886.00 Dean Crowder Construction, Inc. $ 1,635,787.85 Engineer's Estimate $ 807,360.00 The apparent low bidder, Trulove Dirt Works, LLC did not submit a Statement of Bidder's Qualifications or a Contractor's Act of Assurance Form as required by the bid documents, and cannot be granted the bid. Fochtman Enterprises, Inc. is thus the lowest qualified bidder. Construction will begin this fall and will be completed early next year. Staff requests this item be forwarded to the full City Council. 2. Sprint/Nextel Cellular Antenna Contract Amendment Number 1 for cell antenna space on the Markham water tank located on Sang Avenue is attached. The new lease amount will be $1,850 per month, an increase of$350 per month from the current rate of$1,500 per month. The original 10-year agreement between the City of Fayetteville and Sprint/Nextel for installation of antennas, building and associated hardware, was approved September 3, 2002 at a monthly rental rate of$1,500. This Amendment involves permitting an initial 5-year term at a monthly rental rate of$1,850. The agreement will be automatically renewed for two additional 5-year terms. Rent will increase at the beginning of the first renewal term by ten percent (10%) and an additional ten percent(101/o) at the beginning of the second renewal term. After the second renewal term, rent will increase by two percent(2%)per year until either party terminates or renegotiates the contract for additional terms. Sprint/Nextel will continue to maintain its antennae,transmission lines, and equipment in good operating condition. Any damage caused by Sprint/Nextel in the installation or maintenance of equipment will be Sprint/Nextel's responsibility to repair. Sprint/Ncxtel has made all rent payments in a timely manner and has maintained its equipment.The water tower is structurally designed to be able to handle the loads created by this antenna. Therefore, it is in the City's best interests to continue the agreement with Sprint/Nextel. Staff requests this item be forwarded to the full City Council. 3. Solid Waste and Recycling Franchise One Year Extensions to the agreements with Deffenbaugh Industries, Hog Box, Waste Management of Northwest Arkansas, and Allied Waste Services of Bella Vista to haul and dispose W-S-SW CommittecAgenda 10Sep13 WATER/SEWER/SOLID WASTE COMMITTEE AGENDA MEETING DATE OF SEPTEMBER 10, 2013 of solid waste and recycling within the City of Fayetteville. City code allows private haulers to collect solid waste when there is an approved franchise agreement in place. The agreement allows the hauler to collect and haul solid waste in roll off style open top or roll off style compactor containers of at least 20 cubic yards or greater within the City of Fayetteville for a monthly fee of 10%of the gross revenue of services. These agreements were approved and have been in effect since August 2012. Each includes the option to renew for one additional year. Staff recommends that the "Recycling Fee" of 5%of gross revenue received for providing the hauling of recyclables shall not go into effect until the Solid Waste Ordinances are updated to add recycling under the franchise hauling program. This is expected to occur later this year or early next year. Staff requests this item be forwarded to the full City Council. Allenda Items for Committee Information 4. Solid Waste Presentation about disposal services including commercial,residential and bulky waste services and transfer station operations. 5.Annual Bulky Waste Cleanups have been scheduled from lam to 2pm at the following locations. As with last year, no e-waste will be accepted. Detailed information is on the City web site. Ward 1 —Saturday, September 7; Shaver Foods Parking lot(behind Randall Tyson Track complex)and Solid Waste& Recycling Facility Ward 4—Saturday,October 5; Owl Creek School and Holcomb Elementary Ward 3 —Saturday,October 26; Elks Lodge and Vandergriff Elementary Ward 2—Saturday,November 9; Woodland Jr. High School and Church of Christ 6. Electronic Waste RecvclinQ for Northwest Arkansas is scheduled at the Arvest Ballpark in Springdale 19—21 September as shown below and on the attached flyer. As with previous events, both organizations and individuals may take items for recycling at no charge. Thursday, September 19 Businesses 10:00 a.m.— 4:00 p.m. Friday, September 20 Residential 10:00 a.m.— 4:00 p.m. Saturday, September 21 Residential 9:00 a.m.— 12:00 noon 7. Solid Waste Solar Compactor Evaluation is underway. 8. Ca ital Proiect U date Number Project Descri tion Contractor Cost %Complete 1 Razorback Rd W/S Relocations Fochtman Ent. $ 711,834 0% 2 Noland RAS Pump Jack Tyler $ 58,760 0% 3 Irrigation Reel Purchase Fiser Kubota $ 150,500 0% 4 Hwy 265/Cliffs Sewer Repair FEMA Genl Const Solutions $ 108,982 2% 5 Water Line Relocation West Fork Bride Goodwin &Goodwin $ 1,262,647 2% 6 Bores for White River Water Lines FEMA H & H Boring $ 217,000 15% 7 SE Fayetteville/Elkins Outfall CIPP Suncoast Infrastruct $ 162,495 20% 8 Swr Rehab-Cured in Place Pipe City Wide Insituform $ 330,000 50% 9 Noland Generator Upgrade Clifford Power $ 36,705 0% 10 Hamestring Channel Monster Repair In-House $ 21,658 100.0% 11 South Mountain Pump Station Rehab Design/Const In-House $ 200,000 70% 12 Water Transmission Line Easements McClelland En rs Prelim Survey s Completed 13 Relocation & 36"Wtr Line, Hwy 265 Garney Const $ 5,062,135 100.0% 14 Hwy 16 Water/Sewer Relocations Edwards Const $ 1,636,038 100.0% 15 Garland Ave Water/Sewer Relocations Goodwin & Goodwin $ 1,575,497 100.0% 16 Hw 265 North Water/Sewer Relocations Seven Valles Const $ 1,419,659 100.0% Project is substantially complete, meaning the work can be used to execute its mission. 9. Illinois River Phosphorus a. Arkansas Oklahoma Second Statement of Joint Principles and Actions funding is gathered, and details are still being worked at State level for execution of the stressor-response study. The two states have selected their representatives and are working to schedule the first coordination meetings. NO CHANGE. W-S-SW CommitteeAgenda 10Sep 13 WATER/SEWER/SOLID WASTE COMMITTEE AGENDA MEETING DATE OF SEPTEMBER 30, 2013 b. Illinois River Phosphorus EPA TMDL process is on hold. EPA has told its Total Maximum Daily Load(TMDL) study consultants to cease work pending funding issues. EPA has informed ADEQ of its intent to honor the Second Statement of Joint Principles in its TMDL process. NO CHANGE. 10. White River Use Attainability Analysis report has been updated and a technical memorandum submitted to ADEQ addressing ADEQ's comments generated due to Act 954, which directly impacts minerals water quality issues. The Act did not change our conclusions. We are meeting with ADEQ next week to go over the technical memorandum and Act 954 compliance. Due to Act 954, EPA has rescinded its full delegation of NPDES authority to the State, and is now reviewing and handling all NPDES permits that are revised to comply with Act 954. 11. Highway 16 White River Bride Water and Sewer Relocation Easement Condemnations are in process. Easements have been acquired from 19 of 20 owners. We have verbal agreement but have not received the documents from the remaining owner. _ _ Perm Temp mnPerm Temp Property Owner East Easmnt Const CDamages Total n, ft, Easement Easement Tract 18 (Clay) 5,804 j 3.615 $ 760 $ 190 $ 0 $ 950 12. Woolsey Wet Prairie Expansion steps are underway,with continued discussions with the Corps of Engineers underway between Bruce Shackelford, City staff, and Carps staff. Additionally,a selection committee is being assembled to select the consultant to develop preliminary plans for the potential future wetlands expansion and 2014 maintenance to the existing wetlands. 13. Water/Sewer Ordinance Updates are being developed by staff. The modifications will be chapter-wide, including numerous housekeeping updates, and bringing the ordinance into compliance with updated state and Federal codes. Our NPDES permit requires the City update and submit its sewer use ordinance to ADEQ by February 28, 2014. The new ordinance will include a new section on fats, oils and grease (FOG). 14. Water/Sewer/Solid Waste Committee meets next on Thursday, October 17, 2013, 5:30 p.m., room 1 11. Attachments: 1 Razorback Road Water/Sewer Relocations Contract, Fochtman Enterprises Pages 4-28 2 Sprint/Nextel Cellular Antenna Contract Amendment Number 1 Pages 29-40 3 Solid Waste and Recycling Franchise Agreement Extensions Pages 41-65 8 Electronic Waste Roundup Flyer Page 66 W-S-SW CommiilmAgenda 10Sep13 CITY COUNCIL AGENDA MEMO Ta7y eve e MEETING D. RINW#4 TA, THE CITY OF FAYETTEVILLE,ARKANSAS A0.NANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr,Chief of Staff David Jurgens,Utilities Director Fayetteville Water and Sewer Co ittee From: Shannon Jones, Utilities Engineer , Date: August 28,2013 Subject: Resolution approving a construction contract with Fochtman Enterprises, Inc. for$711,833.70,Bid 13-46, to construct Water and Sewer Improvements- Razorback Road-Martin Luther King Blvd to Nettleship St, and a budget adjustment. RECOMMENDATION Fayetteville City Staff recommends approval of a construction contract with Fochtman Enterprises, Inc. for $711,833.70, Bid 13-46,with a contingency of$75,000 to construct Water and Sewer Improvements-Razorback Road-Martin Luther King Blvd to Nettleship St,and a budget adjustment. BACKGROUND Relocation of existing water and sewer lines is required in preparation for the Arkansas Highway Department (AHTD) widening of Razorback Road from Martin Luther King Boulevard to Nettleship Street two lanes to four lanes. Existing water and sewer lines in this section of roadway are located within the AHTD right of way(ROW), so the City will bear the expense to relocate these lines. Most of the existing water lines are 12-inch diameter and will not require upsizing as recommend in the Water Master Plan. The majority of the existing 6-inch sewer lines are being upsized to 12-inch to accommodate the game day sewer flows attributed to the west side of Razorback Stadium. DISCUSSION Under this contract, we will replace approximately 3,000 feet of water and sewer line. The City opened -five bids on August 22,2013. Trulove Dirt Works,LLC $ 536,259.00 Fochtman Enterprises,Inc. $ 711,833.70 Sweetser Construction,Inc. $ 927,440.50 Goodwin&Goodwin, Inc. $ 941,886.00 Dean Crowder Construction,Inc. $ 1,635,787.85 Engineer's Estimate $ 807,360.00 Staff reviewed the bids and concluded the following. The apparent low bidder,Trulove Dirt Works,LLC did not submit a Statement of Bidder's Qualifications or a Contractor's Act of Assurance Form as required by the bid documents. Therefore, we cannot award the bid to Trulove Dirt Works, LLC. Staff recommends awarding the contract to Fochtman Enterprises, Inc. Fochtman Enterprises, Inc. completed all of the required forms and appears to be the lowest responsible bidder. Fochtman Enterprises, Inc. has documented project performance on similar size water and sewer projects to the satisfaction of the City of Fayetteville. Construction will begin this fall and will be completed early next year. BUDGETH"ACT Funds are available in the project and water/sewer revenue bond fund. The budget adjustment recognizes the use of a portion of the outstanding 2009 water/sewer bond funds and moves funds into the appropriate sub-project. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 Razorback Road-CCMemo-28Aug2013.doc Water,Sewer and Solid Waste Committee Agenda Page 4 of 66 City of Fayetteville,Arkansas A.2 Budget Adjustment Form Bid#13-46 Fochtman E.yJ*8.4.Page 4 of 132 Budget Year Division: Water&Sewer Maintenance Request Date Adjustment Number 2013 Department: Utilities Director 8/2812013 BUDGET ADJUSTMENT DESCRIPTION I JUSTIFICATION A BA Needs to be done in the W/S Relocations for Street Bond Projects for W/S Improvements-Razorback Road from Martin Luther King Blvd to Nettleship St. Relocation of existing water and sewer lines is required in preparation for the Ark Highway Dept widening of Razorback road from Martin Luther King Blvd to Nettleship St from 2 lanes to 4 lanes. We will replace approximately 3,000 feet of water and sewer lines. There are available funds within the project that we are moving into the Razorback Road Relocations subproject. Also,we are recognizing the use of a portion of the outstanding 2009 W/S bond funds. Prepared By: Cheryl Partain Division Dat cpanain Reference: B irector Date Budges&Research Use Only Type: A B C D E P Dep rt ent irector Dat ; 0. � �- 36 -'2Gr3 General Ledger Date tChf ireCtOr ' Date /,/�//ol - - -30-01 Posted to General Ledger taff Date Initial Date ✓ t _ � /� Checked/Verified — ayor Date Initial Date TOTAL BUDGET ADJUSTMENT Increase!(Decrease) Project.Sub Account Name Account Number Expense Revenue Number Water line improvements 5400.5600.5808.00 33 391,889 11011 . 2 Sewer improvements 5400.5700.5815.00 ____> 144,945 11011 2 Water line improvements 5400.5640.5808,00 >> 182,500 11011 . 2 Sewer improvements 5400.5740.5815.00 a3 67,500 11011 . 2 Water line improvements 5400.5640.5808.00 ©6035 .2zSv Water line improvements 5400.5600.5808.00 3 (391,889) 11011 1 Sewer improvements 5400.5700.5815.00 3> 14 11011 . 1 -r S cS _ syoa xD, 53 w (zzzsz 09072 I/0J Va rT 4e Yv.4�SC7Y x280 CA IV ,913 v o'J2 J/02 S _ s v�� , j pv, SSjs ao /0 0603 . Z,2 So EXHIBIT a A,9 W:\Budget Information and Budget AdjustmenWBudget Ad'ust nts\20g3\BA-Project#11011-Razorback Road WS Relocations 1 of 1 Water,Sewer and Slolid /aste Committee Agenda Page 5 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 6 of 132 PROJECT MANUAL WATER AND SEWER IMPROVEMENTS RAZORBACK ROAD MARTIN LUTHER KING BLVD TO NETTLESHIP ST Tavye Veille ARKANSAS FAYETTEVILLE, ARKANSAS 'ifs/SZ i•� T E_zpF'�. PROJECT NUMBER 11011.2 too E ARKhAN ,SAS OF N• oil G i+� JULY 2013 0001.doc 1 Water,Sewer and Solid Waste Committee Agenda Page 6 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. aj Y ge evee THE CITY OF FAYETTEVILLE,AWASAS i 32 lUTDEPARTMENT 113 West MountainFayettavllle,AR72701 F047915758330 F(4791575-8257 A0KAN 5A5 August 13, 2013 RE: Addendum Number 1 Bid 13-46 Water and Sewer Improvements—Razorback Road Martin Luther King Blvd to Nettleship St Fayetteville,AR All Prospective Bidders: The following items shall be included as part of the bid package as Addendum Number 1 and acknowledged in the updated Section 0310—Bid Proposal. 1. Bid Item#18 has been deleted in its entirety. Bid Item#17 quantities have been increased to 275 linear feet. A new Section 0310 is included to replace the existing Section 0310 in its entirety. All bidders shall use the attached revised documents when submitting a bid. Failure to use the attached revised Section 0310 shall result in bid rejection. 2. Drawings link distributed is formatted for printing on 11x17 size paper. Drawings are not formatted for full size printing. CITY OF FAYETTEVILLE Shaanou Bones, P.E. enclosure Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 Bid 13-46 Addend=Nol.doe Water,Sewer and Solid Waste Committee Agenda Page 7 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 10 of 132 TABLE OF CONTENTS SECTION TITLE NO.OF PAGES 0001 Title Pages 2 0010 Table of Contents 2 0020 Invitation to Bid 2 0100 Information For Bidders 8 0212 Supplemental Information for Bidders 2 0310 Bid Form 8 0311 Bidder's Statement of Subcontractors 2 0312 Bid Bond 2 0420 Statement of Bidder's Qualifications 2 0500 Agreement Between City of Fayetteville and Contractor 4 0600 Arkansas Statutory Performance and Payment Bond 2 0640 Warranty Bond 2 0700 General Conditions 26 0830 Prevailing Wage Rates 4 0840 Notice of Award 2 0845 Notice to Proceed 2 0900 Description of Unit Price Schedule Items 18 6600 Construction Photographs 4 6700 Supplemental Final Product Performance Requirements- Sewer 4 Attachment A- Storrawater Pollution Prevention Plan Incorporated by reference—2012 Edition—Standard Specifications for Design and Construction of Water Lines and Sewer Lines—December 12, 2012 OO10.doc 1 Water,Sewer and Solid Waste Committee Agenda Page 8 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 12 of 132 SECTION 0020 CITY OF FAYETTEVILLE,AR INVITATION TO BID BID 13-46,WATER AND SEWER IMPROVEMENTS -RAZORBACK ROAD- MARTIN LUTHER KING BLVD TO NETTLESHIP ST The City of Fayetteville is accepting bids for the installation of approximately 1,700 feet of existing water line and 1,300 feet of existing sewer line sizes 6-inch through 12-inch. Any questions concerning the bidding process should be addressed to Andrea Foren, City Purchasing Agent, at aforen(@,ci.favetteville.ar.us or by calling (479) 575-8220. Bids shall be submitted in a sealed envelope or package labeled with the bid number and name. All bids shall be received before 2:00 PM, local time on Thursday, August 22, 2013 to the City of Fayetteville, Purchasing Division—Room 306, 113 W Mountain, Fayetteville, Arkansas 72701. A non-mandatory pre-bid meeting will be held on Tuesday, August 13, 2013 at 10:00 AM, local time at Fayetteville City Hall, 113 W. Mountain, Fayetteville,AR,room 326. Bidding documents and plans must be obtained from by contacting the City Purchasing Division. Documents are available via e-mail. Plans can also be reviewed at the Fayetteville Purchasing Division, as listed below. City of Fayetteville,Arkansas Purchasing Division—Attention: Andrea Foren 113 W.Mountain, Suite 306 Fayetteville, AR 72701 Phone: 479.575.8220 E-Mail: aforen ci.fayetteville.anus All bidders need to register as a plan holder with Andrea Foren via e-mail or phone. Failure to register as a plan holder can result in bid rejection. For information concerning the proposed work, contact Shannon Jones, P. E. at shjones@ci.fayetteville.ar.us or by calling(479)444-3452. Each bid shall be accompanied by a cashier's check or corporate bid bond, in an amount not less than five (5) percent of the amount bid. A one hundred percent (100%) performance and payment bond, file marked by the Washington County Circuit Clerk's Office, is required with a contract awarded amount of$20,000.00 or more. A State of Arkansas Contractor's License is required for any bid exceeding$20,000.00. "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to 0020.doc 1 Water,Sewer and Solid Waste Committee Agenda Page 9 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 13 of 132 subcontract portions of their contract to qualified small, minority and women business enterprises." The City of Fayetteville reserves the right to waive irregularities, reject bids, and postpone the award of any Contract for a period of time which shall not exceed beyond sixty days from the bid opening date. CITY OF FAYETTEVILLE,ARKANSAS By: Andrea Foren, CPPD,CPPB City of Fayetteville,Purchasing Agent Ad Dates: 08.01.13 and 08.08.13 END OF SECTION 0020 0020.doc 2 Water,Sewer and Solid Waste Committee Agenda Page 10 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 24 of 132 SECTION 0310 BID FORM LOCATION: CITY OF FAYETTEVILLE,ROOM 306 113 W.MOUNTAIN FAYETTEVILLE,AR 72701 DATE: Aueust 22 2013 at 2�0ry0 p.m. LOCAL TIME Proposal of: E IIS I`I'�I a Inc Address: Bid For: WATER AND SEWER IMPROVEMENTS - RAZORBACK ROAD - MARTIN LUTHER KING BLVD TO NETTLESHIP ST Bid Submitted to: The City of Fayetteville Andrea Foren,Purchasing Agent—Room 306 113 W.Mountain Fayetteville,AR 72701 BIDDER will complete the Work for the unit prices as listed in the Bid Form. The undersigned BIDDER proposes and agrees, if this Bid is accepted,to enter into an Agreement with CITY OF FAYETTEVILLE in the form included in these Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in these Contract Documents.BIDDER accepts the provisions of the Agreement as to Liquidated Damages in the event of failure to complete the Work in the Contract Time specified. BIDDER accepts all of the terms and conditions of the Information for Bidders, including without limitation those dealing with the disposition of BID SECURITY. This Bid will remain open for sixty(60)days after the day of Bid Opening.BIDDER will sign the Agreement required by these Contract Documents within ten(10)days after the date of CITY OF FAYETTEVILLE's Notice of Award. 0310.doc I Addendum#I Water,Sewer and Solid Waste Committee Agenda Page 11 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 25 of 132 In submission of this BID, BIDDER represents, as more fully set forth in the Agreement, that BIDDER HAS EXAMINED ALL CONTRACT DOCUMENTS (including but not limited to Invitation to Bid,Information for Bidders,and Supplemental Information for Bidders)and the following ADDENDA: Addendum#1 —���� Failure to list all necessary Agenda issued by the CITY OF FAYETTEVILLE or the ENGINEER could mean the BID submitted by the BIDDER may be deemed unresponsive and not read publicly. In submission of the BID,BIDDER represents, that they have examined the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local Laws, Ordinances, Rules and Regulations)and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. In submission of the BID,BIDDER represents,that this BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation. The BIDDER represents that they have not directly or indirectly induced or solicited any other BIDDER to submit a false or sham BID. The BIDDER represents that they have not solicited or induced any person, firm or corporation to refrain from bidding and have not sought by collusion to obtain for themselves any advantage over any other BIDDER or over the CITY OF FAYETTEVILLE. All terms used in the BID are defined and have the meanings assigned to them in the General Conditions of these Contract Documents. Attached to this BID FORM is the required Bid Security in the form of a Corporate Bid Bond or Cashier's Check in the amount of five(5)percent of the Total Bid Amount. Contract Completion Time and Liquidated Damages are stated in Document 0500- Contract. 0310.doc ? Addendum#1 Water,Sewer and Solid Waste Committee Agenda Page 12 of 66 A.2 Bid#1346 Fochtman Enterprises,Inc. Page 26 of 132 TAXES The BIDDER agrees that all lie �:al, e, and local sales and use taxes are included in the stated bid prices for the w Signature Title INSURANCE AND BONDING REQUIREMENTS The BIDDER hereby acknowledges that he/she has read and understands the performance bond, payment bond, and insurance requirements for this project as specified in the General Conditions. If awarded a construction contract, the BIDDER agrees to furnish the required bonds and insurance ce lcates within fifteen(15)days of the date the award is made. Signature Title MEASUREMENT AND PAYMENT The Bidder hereby acknowledges that he/she has read and understands Section 0900 - Measurement and Paymen WAW9!W-Kterfi*eH�a_a pletia&Ihis.F}id Form. Signature � t e W I' fA 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 fd'r each type and unit of work called for in the Contract Documents. 0310.doc 3 Addendum#1 Water,Sewer and Solid Waste Committee Agenda Page 13 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 27 of 132 BIDDER_submitting this BID is- �` a"A Corporation,incorporated in the State of d AU A Partnership,consisting of the following partners,whose full names are: An Individual whose full name is: 1"-"TmAn fnumwvnc . General Contractor(Firm Name) BY —ATTEST' fti}7Y��}�7) 1'.esl Signature Si4,ialure CIA, M . nCoTMA���C�tT�F�j Printed Name&Title Printed Name &Title [CORPORATE SEAL] �u�usT Z2,�ai3 Date P.O. NX lip —.-.- Address C9Jt 521482- Telephone Number RIffi11'u.1 EMM «1�I�511 -%ill City I Number 0029-90-1 ja QYti mil .cm Contractor's License Number entail address 0310.doc 4 Addendum#1 Water,Sewer and Solid Waste Committee Agenda Page 14 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 28 of 132 SECTION 0310 -BID FORM Item Approx. Unit Price In No. Item Descriivtion Qt3LUnit Figures Tu/tya�[� I Mobilization I LS $ -Le W.00 $ 10On()0 2 Trench& Safety Systems I LS $ �,W $ //M/��//J.W��V/l�J/� 3 Erosion Control I LS $ M� $ 511 .W 4 Site Restoration I LS $ 12-Inch PVC, C-900,DR-]4 Water 5 Main 1,220 LF $ b�J.aO $ r 8-Inch PVC; C-900,DR-14 Water 6 Main 460 LF $ $ ZZ 6-Inch PVC, C-900, DR-14 Water 7 Main 34 LF $ �{ /�� /W/� $ �,Q9 q�.00 8 12-Inch Gate Valve with Box 2 EA $ `160,60 $ � U .00 9 6-Inch Gate Valve with Box 1 EA $ 1 1,025,00$ P5,00 12-Inch x 12-Inch Tapping Sleeve, 10 12-Inch Tapping Valve with Box 4 EA' $: , L-�Q,�$ 0 0 12-Inch x 8-Inch Tapping Sleeve, 8- nn /y� 11 Inch Tapping Valve with Box I EA $ ,VV$ -1,�'FI.l0,00 8-Inch x 8-Inch Tapping Sleeve, 8- 12 Inch Tapping Valve with Box 1 EA S 6-Inch x 6-Inch Tapping Sleeve, 6- /} 13 Inch Tapping Valve with Box 1 EA $ 9 xAwo.00 14 Three Way Fire Hydrant Assembly 3 EA S $ QO l5 Remove Existing Fire Hydrant ] 0310.doc ? Addendum#1 Water,Sewer and Solid Waste Committee Agenda Page 15 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 29 of 132 SECTION 0310 -BID FORM Item Approx. Unit Price In No. Item Description (tel Unit Figures Total Epoxy Coated Ductile Iron Water n /� / /� /y; 16 Main Fittings 2Q,00:0 LB $ -1.000 $ HaQW.(ri 17 24-Inch Direct Bury Steel Casing 275 LF $ I���//p��V,Wm $ '41-,U00•//W//�� YI 19 Cut and Cap Existing 12-Inch Main 5 EA $ I�'.JW:UU $. 7, ,Uu 20 Cut and Cap Existing 8-Inch Main 2 EA $ 1,300,40 $ 2 21 Cut and Cap Existing 6-Inch Main I EA $ I,ti20,00 $ Ir22-0.W 22 Abandon Existing V tive 7 EA $ 550.00s050 5, 00 23 Concrete Anchor Collar 2 EA $ &OV-W $ 3,2 -00 24 12-Inch PVC Sewer Main, SDR-26 1,259 LF $ �2,� $ g0,�8,00 Standard Manhole, 25 4'Dia. 0'-6' 9 EA $ ?-,x,00,00 $ (»tJ,llJl1,aQ Standard Manhole, /� /� 26 4'Dia.Extra Depth 35 VF $ 150.00 $ 9,250-00.00 Manhole,Existing,Abandon or �/� 27 Remove 1 EA $ 150.00 $ 150-CO Plug Existing Sewer at Manhole �n 2$ Wall, 5 EA $ LS�.Qd $ �,Sl1lJ.4� Core Drill and Connect to Existing /� 29 Manhole -- 3 EA— -$ 1,090-00s f 150.00 30 AHTD Pavement Repair 220 SY 31 Asphalt Pavement Repair 1,250 SY $ `x,04 $ 0310.4oc 6 Addendum#1 Water,Sewer and Solid Waste Committee Agenda Page 16 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 30 of 132 SECTION 0310-BID FORM Item Approx. Unit Price In No. Item Description scriiption QlY-. iJnit Fiauresn� Total /y� 32 Concrete Pavement Repair 100 SY $ ( 5.W $ �p,'�ry�•Mw 33 Concrete Sidewalk Repair 80 SY $ 95.00 $ 3�(oL�.00 Concrete Curb and Gutter /� M�1 �/� 34 Replacement 550 LF $ WOO $ 11,000.04 Fence and Masonry Column, 35 Remove and Replace I LS $ $ IAJV.W 36 Acceptance inspection by CCPV 1,259 LF $ 37 Construction Photographs I LS $ Uu $ �V V•V�/ Total Bid $ � � �t� �/ �!•�� END OF SECTION 0310 0310.doc 7 Addendum Nl Water,Sewer and Solid Waste Committee Agenda Page 17 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 32 of 132 SECTION 0311 BIDDER'S STATEMENT OF SUBCONTRACTORS The undersigned BIDDER proposes and agrees, if this BID is accepted, to use the following proposed subcontractors on this Work: NAME BUSINNEpSAS ADDRESS WORK TO BE PERFORMED RW Vp l.Goown'c cawn 3 ccry a Pr�hr� tnS c�►on 2. 3. 4. 5. 6. The undersigned BIDDER agrees that the work will be supervised by the General Contractor Superintendent assigned to the project. The General Contractor Superintendent shall be onsite during lt�heI/execution of the Work. Date: AUL Vslf �1?1 �— Signature / Title Y I' Y 1 1 VyJ 'i 0311.doc l Water,Sewer and Solid Waste Committee Agenda Page 18 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 34 of 132 S� �D SMTION 0312 BU)BOND KNOW ALL MLN BY THESE PRESENTS, that we, the undersigned, Fochtman Enterprises;frfc. -as Principal, and Fidelity and Deposit Company of Maryland _ _as Surety, are hereby held and firmly bound unto the City of Fayetteville in the penal sum of Five Percent of the Amount Bid,(5%of bid) £or payment of which,well and truly to be made,we hereby jointly and severally bind ourselves,successors and assig>s. The Condition of the above obligation is such that whereas the Principal has submitted to the City of Fayetteville a certain BID, attached bereto and hereby made a part hereof to enter into a contract in writing,for Project Mr Ate& ANp SEWER IMPROVEMENTS - RAZQ,(ZBACK ROAD-MARTIN LLITTIER KM BLVD TO NETTMMSHIP ST NOW,THERLFORE, (a) If said BID shall be rejected,or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall fumish a BOND for his faithful performance of said contract,and for the payment of all persons pertbmring labor or furnishing materials iu connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in.no event,exceed the penal amount of this obligation as herein statcrL 03 tz.do� t Water,Sewer and Solid Waste Committee Agenda Page 19 of 66 , A.2 Bid#1346 Fochtman Enterprises,Inc. Page 35 of 132 IN WTTNBSS WHEREOF,the Principal and the SWvl:y have hereunto set their hands and Seals,a id such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by ehcir proper officers,the day and year forst set forth above. Signed,this 22nd day of August 2013. Fo Mman Enterprises, Inc ---- 0y: { ''licipal}• Earl Fochtman, President Fidelity and Deposit Company of Maryland (Surety) By:_ Pamela K. Hays,Atfomey-In-Fact ENO OF SECTION 0312 0312.dod 2 Water,Sewer and Solid Waste Committee Agenda Page 20 of 66 A.2 Bid fl13-46 Fochtman Enterprises,Inc. Page 36 of 132 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Sudan 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Benson A. CASHION, Matthew K. CASHION, JR., William H. GRIFFIN, Judy SCHOGGEN, Cynthia L.TRICKEY,Pamela K.HAYS,Nick W.PETERS and James R.RAMSAY,all of Little Rock,Arkansas, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: my and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. M WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 16th day of November,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND DO Asysranr S'ecrewty Vice President _......------�ta.:_G_'BacRla'----__.__ Thomas O.AdcClelfan State of Maryland City of Baltimore On this 16th day of November,A.D_2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.MCCLELLAN,Vice President,and ERIC D.BARNES,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swum,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument am the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. r111li11\t\\�\ Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 164-25206 Water,Sewer and Solid Waste Committee Agenda Page 21 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 40 of 132 SECTION 0420 STATEMENT OF-BIDDER'S QUALIFICATIONS All requests must be addressed in writing and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The BIDDER may submit any additional information he/she desires. For a Contractor to be considered as Commercially Proven, the Contractor must satisfy all insurance, financial, and bonding requirements of the City of Fayetteville, and must have had at least 5(five)years active experience under the current Contractor name in the installation of the product bid, included removal and replacement of sewer lines in-situ with bypass pumping. The Contractor shall have executed work for municipalities operating water/sewer facilities or water/sewer contracted operations with a minimum of three (3) projects exceeding seven hundred thousand dollars ($700,000). Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these minimum installations must be submitted to the City of Fayetteville. A. REOUESTS REGARDING BIDDER 1. Name of Bidder.FMAn wwwg im 32. . Perm netitmae,office adre9f,116WApSil�nW1V6P-X, FAy�Q. UCX77,03 4. If a..corporation,,where ineorpolrated.Wa& How many years have you been ngaged in the contracting business under your present firm or trade name?be 6. Contracts on hand: (Schedule these showin amount of each contract and the anticipated datesof completion.)a Itrrr 1��� n'' �y� 7. General character of work perfotrned by your company.Km t &cmwut l 8. Have you�ever failed to complete any work awarded to you. (If so, where and why?)I n.� 9. Have you ever defaulted on a contract? (If so,where and why?) 10. List similar projects of the size and magnitude of this Project which were completed by your company, stating the cost for each and the month and year completed. Include the entity for which the work was performed with names, titles, and phone numbers.SQ-(-kiwWK 11. Background andexperience of field ersonnel currentl em toyed, by your organizathin'who'vv ll.perform thework�Q� J yW(APV- (J 1(_tL. 12. Background and_-experience,•of the principal members (officers) "any �5 organization. Inelude�presidentvice president, secretary,treasurer,etc.13. Will you, upon request,`!fill'out a detailed financial statement andf FS other information that may be required by the City of Fayetteville.% 14. If subcontractor is to be used for this contract, state the percentage of work anticipated to be completed by subcontractor. If subcontractor is to perform 0420.doc 1 Water,Sewer and Solid Waste Committee Agenda Page 22 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 41 of 132 work, a separate Statement of Bidder's Qualifications regarding subcontractor and the method used by the subcontractor.Refer to Section 0100 &Section 0311. Submit this Statement of Bidders Qualifications to the Engineer. Qualifications shall be submitted in a separate sealed envelope at the date and time listed on the Bid Proposal. sQs inc . (Name of Bidder) 13y: �p ��ry�y� �f t.- Title-C-�L!/�L?1 _ END OF SECTION 0420 r *aL JAMIE HI C NOTARYPUBUG WASHINGTON COUNTY ARKANSAS COMMISSION#'12364138 MY COMMISSION EXPIRES 01-21-2018 042,0.doe Water,Sewer and Solid Waste Committee Agenda Page 23 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 42 of 132 FOCHTMAN ENTERPRISES, INC. „� AUGUST 22, 2013 TO: CIN OF FAYETTEVILLE,ARKANSAS RE: BID 13-46,WATER&SEWER IMPROVEMENTS- RAZORBACK ROAD-MARTIN LUTHER KING BLVD TO NETTLESHIP FAYETTEVILLE,AR ATTACHMENT TO BID 6 CONTRACTS ON HAND: COPPERSTONE PHASE II-$161,311.00-TO COMPLETE SEPTEMBER 2013 MONTE NE ROAD IMPROVEMENTS-$44,455.00-TO COMPLETE AUGUST 2013 DON TYSON INTERCHANGE-$366,258.69-TO COMPLETE SEPTEMBER 2013 HIDDEN ACRES-$110,246.80-TO COMPLETE SEPTEMBER 2013 10 PROJECT: HIGHWAY 264 BUSINESS PARK SANITARY SEWER OWNER: CITY OF LOWELL,AR COMPLETED:APRIL 2010 COST:$158,705.00 PROJECT: PLANET FITNESS OWNER: FORREST HILLS VILLAGE, LLC COMPLETED: DECEMBER 2012 COST: $427,871.95 PROJECT: SPRINGDALE WATER PHASE III OWNER: CITY OF SPRINGDALE,ARKANSAS COMPLETED: JULY 2013 COST:$732,048.00 PROJECT: 21ST STREET IMPROVEMENTS OWNER: CITY OF ROGER$,ARKANSAS COMPLETED: JULY 2013 COST: $1,106,668.15 P.O.Drawer 1168 r Fayetteville,AR 72702 w 479-521-6082 Water,Sewer and Solid Waste Committee Agenda Page 24 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 44 of 132 SECTION 0500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND FOCHTMAN ENTERPRISES, INC. THIS AGREEMENT is dated as of the day of in the year 2013 by and between the CITY OF FAYETTEVILLE and FOCHTMAN ENTERPRISES, INC. 1. FOCHTMAN ENTERPRISES, INC. shall commence and complete all Work as specified or indicated in the Contract Documents. The WORK is generally described as follows: WATER AND SEWER IMPROVEMENTS - RAZORBACK ROAD - MARTIN LUTHER KING BLVD TO NETTLESHIP ST 2. FOCHTMAN ENTERPRISES, INC. shall furnish all materials, supplies, tools, equipment, labor and other service necessary for the completion of the WORK described herein. 3. FOCHTMAN ENTERPRISES, INC. shall commence the WORK required by the CONTRACT DOCUMENTS on or before a date to be specified in the NOTICE TO PROCEED and completed and ready for final payment within 150 calendar days. FOCHTMAN ENTERPRISES, INC. shall pay the CITY OF FAYETTEVILLE, as liquidated damages, the sum of$750 for each calendar day thereafter that the WORK is not complete. 4. FOCHTMAN ENTERPRISES, INC. agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein as shown in the BID PROPOSAL. 5. The term CONTRACT DOCUMENTS shall mean and include the following: 5.1 Invitation to Bid 5.2 Information for Bidders 5.3 Supplemental Information for Bidders 5.4 Bid Form 5.5 Bid Bond 5.6 Agreement Between City of Fayetteville and Fochtman Enterprises, Inc. 5.7 Performance and Payment Bond 5.8 General Conditions 5.9 Prevailing Wage Rates 5.10 Notice of Award 5.11 Notice to Proceed 5.12 Project Manual 5.13 Addenda Numbers 1 to 1 . 0500.doe 1 Water,Sewer and Solid Waste Committee Agenda Page 25 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 45 of 132 5.14 Change Orders 6. The CITY OF FAYETTEVILLE shall pay FOCHTMAN ENTERPRISES, INC. in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 8. MISCELLANEOUS 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. City of Fayetteville and Contractor each binds itself, it partners,successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes,modifications, or amendments in scope,price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. 0500.doc 2 Water,Sewer and Solid Waste Committee Agenda Page 26 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 46 of 132 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and FOCHTMAN ENTERPRISES, INC.have signed this Agreement in triplicate. One counterpart each has been delivered to City of Fayetteville, Engineer, and Contractor. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Contractor or identified by Engineer on their behalf. OWNER CONTRACTOR CI OF FAYETTEVILLE FOCHTMAN ENTERPR'" EC BY BY-/ —~ y Signature Signature Mayor Lioneld Jordan L o rnw I('`gym Printed Name&Title L Printed Name&Ti IYe M� {`x+ ' I [CORPORATE SEAL] [CORPORATE SEAL] ATTEST ATTEST Signature aS'gnature C `IL Printed Name&Title Printed Name&Title Address for giving notices: Address for giving notices: 113 W. Mountain PO Box 1168 Fayetteville,AR 72701 Fayetteville,AR 72702 License No. 0038990714 v1 n � y�y� Agent for service of process.I lM Qtlt 11 l'lt I (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 0500.doc 3 Water,Sewer and Solid Waste Committee Agenda Page 27 of 66 A.2 Bid#13-46 Fochtman Enterprises,Inc. Page 47 of 132 (THIS PAGE INTENTIONALLY LEFT BLANK) END OF SECTION 0500 0500.doc 4 Water,Sewer and Solid Waste Committee Agenda Page 28 of 66 • CITY COUN%ffi ,4 aye eB e MEETING DATE OIC SEPI[["EMWW4 'IrRAb31 THE CITY OF FAYETTEVILLE,A RIMA AAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff David Jurgens,Utilities Director Fayetteville Water and Sewer Committee From: Shannon Jones,Utilities Engineer,) Date: August 28, 2013 Subject: Approval of Amendment Number 1 to Communication Site Lease Agreement with Sprint/Nextel Property Services for cell antenna space on the Markham water tank located on Sang Avenue. RECOMMENDATION Fayetteville City Staff recommends approval of Amendment Number 1 to Communication Site Lease Agreement with Sprint/Nextel Property Services for cell antenna space on the Markham water tank located on Sang Avenue. The new lease amount will be$1,850 per month, an increase of$350 per month from the current rate of$1,500 per month. BACKGROUND The original 10-year agreement between the City of Fayetteville and Sprint/Nextel, for installation of antennas, building and associated hardware,was approved September 3,2002 at a monthly rental rate of$1,500. DISCUSSION This Amendment involves permitting an initial 5-year term at a monthly rental rate of$1,850. The agreement will be automatically renewed for two additional 5-year terms. Rent will increase at the beginning of the first renewal term by ten percent (10%) and an additional ten percent (10%) at the beginning of the second renewal term. After the second renewal term, rent will increase by two percent (2%) per year until either party terminates or renegotiates the contract for additional terms. Sprint/Nextel will continue to maintain its antennae, transmission lines, and equipment in good operating condition. Any damage caused by Sprint/Nextel in the installation or maintenance of equipment will be Sprint/Nextel's responsibility to repair. Sprint/Nextel has made all rent payments in a timely manner and has maintained its equipment. The tower is structurally designed to be able to handle the loads created by this antenna. Therefore, it is in the City's best interests to continue the agreement with Sprint/Nextel. BUDGET IMPACT An annual rental income to the Water and Sewer fund of$22,200. Telecommunications Device for the Deaf TDDI4791521-1316 113 West Mountain-Fayetteville,AR 72701 Markham Tank-CCMemo-28Aug2011doc Water,Sewer and Solid Waste Committee Agenda Page 29 of 66 A.3 Sprint/Nextel Property Services Amendment No. 1 Page 4 of 14 Site Name: Sang Water Tower Site ID#: LR03SWI93 FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO WATER TANK ATTACHMENT COMMUNICATION SITE LEASE AGREEMENT("Amendment'),effective as of the date last signed below("Effective Date"),amends a certain Water Tank Attachment Communications Site Lease Agreement between the City of Fayetteville,a municipal corporation("Owner")and Alamosa Properties,L.P.("Tenant"),dated September 3,2002(the"Agreement"). BACKGROUND Pursuant to a Water Tank Attachment Communication Site Lease Agreement dated September 3, 2002 ("Agreement"), Owner leased to Tenant a certain portion of real property located at 133 N. Sang Rd,City of Fayetteville,County of Washington, State of Arkansas,as more particularly described in Exhibit A to the Agreement(the"Premises"). Owner and Tenant desire to amend the Agreement as set forth herein. Words and phrases having a defined meaning in the Agreement have the same respective meanings when used herein otherwise expressly stated. AGREEMENT For good and valuable consideration the receipt and sufficiency of which are acknowledged, Owner and Tenant agree as follows: 1. Modification to the Premises. Exhibit C (the "Equipment") to the Agreement is hereby amended to include the modifications identified on Exhibit C-1,a copy of which is attached and made a part hereof. Exhibit C-1 supplements Exhibit C (the "Equipment") to the Agreement, and shall not be deemed to supersede or otherwise modify Exhibit C or any part thereof except to the extent specifically set forth in Exhibit C-1. Upon full execution of this Amendment, Tenant is permitted to do all work necessary to prepare,maintain and alter the Premises to install or otherwise modify the Premises, all as more fully described and contemplated in Exhibit C-1. 2. Term. Paragraphs 3 and 4 of the Agreement are amended by deleting the entire provision and substituting the following provision in its place. The term of this Agreement("New initial Term")is sixty(60)months effective the date last signed below. This Agreement will be automatically renewed for up to two(2)additional Terms(each a"Renewal Term")of sixty(60)months each. Each Renewal Term will be deemed automatically exercised without any action. Both parties shall have the right to ask for a renegotiation of the terms and conditions of the Agreement provided a written notice of the desire to renegotiate terms and conditions is given the other party a least ninety(90)days prior to the Agreement termination date for the current term. Notice shall contain an explanation of the terms or conditions to be renegotiated. 3. Rent. Paragraph 5 of the Agreement and Paragraph 1 of the Special Conditions of the Agreement are amended by adding the following: Notwithstanding anything set forth in Paragraph 5 of the Agreement and Paragraph I of the Special Conditions of the Agreement to the contrary, effective the date last signed below("Effective date"), rental amount shall be paid in equal monthly installments of Eighteen Hundred Fifty and No/100 Dollars ($1,850.00), and shall continue during the term (until increased as set forth herein),partial months to be prorated,in advance("Rental Amount"). Thereafter,the Rental Amount for each Renewal Term will be increased on the commencement of each Renewal Term by Ten percent(10%) of the rental rate in effect for the prior term. After the second renewal term the annual rent will increase at two(2%)per year on a year to year basis until either party terrtinates or renegotiates the agreement for additional terms at which point it will go back to an increase of Ten percent(10%)per term. 4. Access. Paragraph 10 of the Agreement is amended by adding the following: EXHIBIT A Water,Sewer and Solid Waste Committee Agenda Page 30 of 6