HomeMy WebLinkAbout228-10 RESOLUTIONRESOLUTION NO. 228-10
A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
WASTEWATER COLLECTION AND TREATMENT SERVICES CONTRACT
WITH THE CITY OF FARMINGTON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
Amendment No. 2 to the wastewater collection and treatment services contract with the City of
Farmington. A copy of Amendment No. 2 is attached to this Resolution as Exhibit "A."
PASSED and APPROVED this 21st day of December, 2010.
APPROVED:
•
LIONELD JOAN, Mayor
4 -
ATTEST:
By:
ovviutet, &.‘4,:dd
SONDRA E. SMITH, City Clerk/Treasurer
AMENDMENT 2 TO SEWER CONTRACT
The Sewer Contract (hereinafter "Contract") dated April 3, 2007, including Amendment 1 dated
July 20, 2009, between the City of Fayetteville (hereinafter "Fayetteville") and City of Farmington
(hereinafter "Farmington") shall be amended and modified by this amendment (hereinafter
"Amendment") as follows:
WHEREAS:
Under the Contract, Fayetteville receives wastewater from Farmington and transports and processes
the wastewater in Fayetteville's wastewater treatment facility and discharges treated wastewater
effluent under Fayetteville's National Pollution Discharge Elimination System permit; and
Fayetteville must ensure that this role does not place financial burdens on Fayetteville's retail
customers for which Fayetteville's retail customers receive no benefit; and
Farmington must ensure that this role does not place financial burdens on Farmington's retail
customers for which Farmington' retail customers receive no benefit; and
City of Fayetteville and City of Farmington desire to amend said Contract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, Fayetteville and
Farmington do hereby agree to amend the Contract as follows:
The Contract and the terms and conditions therein shall remain unchanged except for the sections
listed below:
10.2 Cost of Construction
The Parties agree that additional engineering fees were required due to the increased engineering
costs associated with WL -10a gravity line stream bank protection, restoring the WL -10a vegetative
cover to meet ADEQ requirements, relocation of Lift Station #12 and phasing the construction of
the Farmington Gravity Sewer. Fayetteville will bill Farmington only for actual work performed.
The parties agree engineering fees, including the cost of additional engineering services shall not
exceed a total of $580,145.21.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
4;;21 '' day of ec.t � t , 2010.
City of Fayetteville, Arkansas City of Farmington, Arkansas
`�`avrrrar;;o,;, Mtdyor Lionel 4ordan
sz,W F �l
=�G° GSIY �F •• 'TEST:
aFAYETTEV
I LLE ° clL--1/14444,k.' /
sem° 5 °ASondra Smith
• °
•,9s,; • �
��cP �,; R • J pity Clerk
.,,e%G `GNy ae
Farmington Swr Contract Addend 2 4Aug10 draft 2.doc
eofec GP
Mayor Ernie Penn
•=1
Kelly Tho
City Clerk
. "7-1,„
12/14/2010, 11:51 AM
David Jurgens
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/21/2010
City Council Meeting Date
Agenda Items Only
Utilities
Division
Action Required:
Utilities
Department
Approval of Amendment 2 to the wastewater collection and treatment services contract between the Cities of
Fayetteville and Farmington.
(30,145.21)
Cost of this request
Several
Account Number
02133-0331
Project Number
Budgeted Item
XX
420,000.00
Category / Project Budget
Wastewater System Imp Project
Program Category / Project Name
178,340.00 Water and Wastewater
Funds Used to Date Program / Project Category Name
241,660.00
Remaining Balance
Budget Adjustment Attached
tor
3D2eIb
Date
Date
ty Attor ey
Finance and Internal Services Director
yor
Date
Date
64,40/L,_ 04/ti 0
Da
Water/Sewer
Fund Name
Previous Ordinance or Resolution # 171-09, 61-07
Original Contract Date: 8/4/09, 4/3/07
Original Contract Number: N/A
Received in City
Clerk's Office
Comments:
Revised January 15, 2009
ttevll1e
CITY COUNCIL AGENDA MEMO
MEETING DATE OF DECEMBER 21, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayetteville.org
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Director
Water/Sewer Committee
Date: December 3, 2010
Subject: Amendment to the wastewater collection and treatment services contract between the Cities of
Fayetteville and Farmington
RECOMMENDATION
Fayetteville City Administration recommends approval of Amendment 2 to the wastewater collection and
treatment services contract between the Cities of Fayetteville and Farmington.
BACKGROUND
Fayetteville and Farmington have a 33 year partnership in wastewater collection and treatment, the conditions
for which have been agreed upon in three consecutive contracts. The current contract, adopted in April 2007,
and amended on 20 July, 2009, needs to be updated to reconcile wastewater system improvement project costs.
Over the last 5 years, the cities have worked together with unprecedented teamwork executing over $7 million
worth of joint work in the Farmington portion of the WSIP.
DISCUSSION
This amendment reconciles Engineering costs associated with shared work, making the agreement match the
actual costs incurred based on the 50 — 50 engineering cost share agreed to in 2007. It increases the not -to -
exceed amount Farmington will reimburse Fayetteville for engineering by $30,145.21- from the current number
of $550,000 to the new number of $580,145.21. The change is due to the increased engineering costs associated
with WL -10a gravity line stream bank protection, restoring the WL -10a vegetative cover to meet ADEQ
requirements, relocation of Lift Station #12 and phasing the construction of the Farmington Gravity Sewer.
Fayetteville will bill Farmington only for actual work performed.
BUDGET IMPACT
Decreases Fayetteville's overall WSIP engineering expense by up to $30,145.21.
Farmington Swr Agmt Amend2 CCMemo DeclO.doc
RESOLUTION NO.
A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
WASTEWATER COLLECTION AND TREATMENT SERVICES CONTRACT
WITH THE CITY OF FARMINGTON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves
Amendment No. 2 to the wastewater collection and treatment services contract with the City of
Farmington. A copy of Amendment No. 2 is attached to this. Resolution as Exhibit "A."
PASSED and APPROVED this 21st day of December, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer