HomeMy WebLinkAbout64-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 64-19
File Number: 2019-0120
WEST FORK SANITARY SEWER SERVICE:
A RESOLUTION TO APPROVE THE ATTACHED 15 YEAR CONTRACTFOR SANITARY SEWER
SERVICE BETWEEN THE CITIES OF WEST FORK AND FAYETTEVILLE IN WHICH
FAYETTEVILLE WILL ACCEPT AND TREAT WEST FORK'S SEWERAGE IN OUR NOLAND
WASTEWATER PLANT
WHEREAS, Fayetteville owns and operates its own complete wastewater collection, treatment and
discharge system which serves not only Fayetteville citizens, businesses and residences, but also the cities of
Farmington, Elkins, Greenland and portions of Johnson; and
WHEREAS, West Fork owns and operates its own complete wastewater collection, treatment and
discharge system which is in need of modernization, improvement and enlargement; and
WHEREAS, rather than investing a very large sum to sufficiently modernize and enlarge the capacity
of its sewer treatment and discharge system, West Fork wishes to discontinue its treatment and
discharge system, but maintain and improve its own sewer collection system and pay the City of
Fayetteville to accept, treat and discharge sewage collected by West Fork; and
WHEREAS, Fayetteville's wastewater treatment facility should have sufficient capacity to treat current and
reasonably foreseeable sewage flows for the next 15 years generated within its corporate city limits and
within the corporate city limits of customer cities, as well as current and future sewage flows from the
City of West Fork as long as the City of West Fork improves its sewer collection system to correct and
minimize infiltration and inflow into its sewer lines and maintains its collection system to reasonable
standards acceptable to the City of Fayetteville; and,
WHEREAS, West Fork's best and most feasible option for treatment of West Fork's wastewater would be
to pay Fayetteville for the use of Fayetteville's sewer mains, sewer lift stations and its wastewater
treatment facilities to treat and discharge West Fork sewage; and
Page 1 Printed on 317119
Resolution Number: 64-19
File Number.' 2019-0120
WHEREAS, prior to agreeing to accept West Fork's wastewater for treatment, Fayetteville must ensure
that accepting this additional wastewater does not place a financial burden on Fayetteville's customers and
citizens for which they do not receive a corresponding benefit.
NOW THEREFORE, 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 the attached
15 year contract for sanitary sewer service between the cities of West Fork and Fayetteville in which
Fayetteville will accept and treat West Fork's sewerage in our Noland Wastewater Plant and authorizes
Mayor Lioneld Jordan to sign the contract.
PASSED and APPROVED on 3/5/2019
Attest:
"vu Chef
Sondra E. Smith, City Clerk Tre er
f AYETTEVILLE;
r '4�kfl iyta� • J�
Z To
Page 2
Printed on 317119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0120
Agenda Date: 3/5/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 9
WEST FORK SANITARY SEWER SERVICE:
A RESOLUTION TO APPROVE THE ATTACHED 15 YEAR CONTRACT FOR SANITARY SEWER
SERVICE BETWEEN THE CITIES OF WEST FORK AND FAYETTEVILLE IN WHICH
FAYETTEVILLE WILL ACCEPT AND TREAT WEST FORK'S SEWERAGE IN OUR NOLAND
WASTEWATER PLANT
WHEREAS, Fayetteville owns and operates its own complete wastewater collection, treatment and discharge
system which serves not only Fayetteville citizens, businesses and residences, but also the cities of Farmington,
Elkins, Greenland and portions of Johnson; and
WHEREAS, West Fork owns and operates its own complete wastewater collection, treatment and discharge
system which is in need of modernization, improvement and enlargement; and
WHEREAS, rather than investing a very large sum to sufficiently modernize and enlarge the capacity of its
sewer treatment and discharge system, West Fork wishes to discontinue its treatment and discharge system, but
maintain and improve its own sewer collection system and pay the City of Fayetteville to accept, treat and
discharge sewage collected by West Fork; and
WHEREAS, Fayetteville's wastewater treatment facility should have sufficient capacity to treat current and
reasonably foreseeable sewage flows for the next 15 years generated within its corporate city limits and within
the corporate city limits of customer cities, as well as current and future sewage flows from the City of West
Fork as long as the City of West Fork improves its sewer collection system to correct and minimize infiltration
and inflow into its sewer lines and maintains its collection system to reasonable standards acceptable to the City
of Fayetteville; and,
WHEREAS, West Fork's best and most feasible option for treatment of West Fork's wastewater would be
to pay Fayetteville for the use of Fayetteville's sewer mains, sewer lift stations and its wastewater treatment
facilities to treat and discharge West Fork sewage; and
WHEREAS, prior to agreeing to accept West Fork's wastewater for treatment, Fayetteville must ensure that
accepting this additional wastewater does not place a financial burden on Fayetteville's customers and citizens
for which they do not receive a corresponding benefit.
City of Fayetteville, Arkansas Page 1 Printed on 3/8/2019
File Number: 2019-0120
NOW THEREFORE, 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 the attached 15 year
contract for sanitary sewer service between the cities of West Fork and Fayetteville in which Fayetteville will
accept and treat West Fork's sewerage in our Noland Wastewater Plant and authorizes Mayor Lioneld Jordan
to sign the contract.
City of Fayetteville, Arkansas Page 2 Printed on 3/6/2019
City of Fayetteville Staff Review Form
2019-0120
Legistar File ID
3/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 2/13/2019 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of a Contract for Sanitary Sewer Service between the Cities of West Fork, Arkansas
and Fayetteville, Arkansas.
N/A
Account Number
N/A
Project Number
Budgeted Item? NA
Does item have a cost? NA
Budget Adjustment Attached? NA
Budget Impact:
Remaining Budget $
V20780321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
N/A
Fund
N/A
Project Title
Current Budget
$
Funds Obligated
$
Current Balance
$
Item Cost
$
Budget Adjustment
$
Remaining Budget $
V20780321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
J ARKANSAS
MEETING OF MARCH 5, 2019
TO: Mayor and City Council
THRU: Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: February 13, 2019
CITY COUNCIL MEMO
SUBJECT: Contract for Sanitary Sewer Service between the Cities of West Fork,
Arkansas and Fayetteville, Arkansas
RECOMMENDATION:
Staff recommends the approval of a Contract for Sanitary Sewer Service between the Cities of
West Fork, Arkansas and Fayetteville, Arkansas.
BACKGROUND:
The City of West Fork owns and operates its own complete wastewater collection system. Their
treatment facility needs major improvements, and it is more economical for them to pay the City
of Fayetteville to accept, treat and discharge sewage collected by West Fork.
DISCUSSION:
The City of Fayetteville's treatment facilities have sufficient capacity to accept and treat the
wastewater from West Fork. The City of West Fork will be responsible for constructing a sewer
pumping station and all piping and conveyance facilities required to deliver wastewater from
West Fork to the point of connection to Fayetteville's sewer collection system. The City of
Fayetteville will operate the lift station and maintain a flowmeter in the station that will record the
volume of sewage being pumped to Fayetteville. In order for the design and construction
activities to commence, the City of West Fork must (1) enter into a formal agreement with the
City of Fayetteville by signing a sewer service agreement with Fayetteville, and (2) incorporating
the City of Fayetteville's pretreatment ordinance into their sewer use ordinance.
BUDGET/STAFF IMPACT:
None.
Attachments:
Contract for Sanitary Sewer Service
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CONTRACT FOR SANITARY SEWER SERVICE
BETWEEN THE CITIES OF
WEST FORK, ARKANSAS AND FAYETTEVILLE, ARKANSAS
THIS CONTRACT is agreed to and entered into this day of
2019, by and between the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called Fayetteville, and the City of West Fork,
Arkansas, a municipal corporation, hereinafter called West Fork.
WHEREAS, Fayetteville owns and operates its own complete wastewater
collection, treatment and discharge system which serves not only Fayetteville citizens,
businesses and residences, but the cities of Farmington, Elkins, Greenland and portions
of Johnson; and
WHEREAS, West Fork owns and operates its own complete wastewater collection,
treatment and discharge system which is in need of modernization, improvement and
enlargement; and
WHEREAS, rather than investing a very large sum to sufficiently modernize and
enlarge the capacity of its sewer treatment and discharge system, West Fork wishes to
discontinue its treatment and discharge system, but maintain and improve its own sewer
collection system and pay the City of Fayetteville to accept, treat and discharge sewage
collected by West Fork; and
WHEREAS, Fayetteville's wastewater treatment facility should have sufficient
capacity to treat current and reasonably foreseeable sewage flows for the next 15 years
generated in its corporate city limits, within the corporate city limits of customer cities,
as well as current and future sewage flows from the City of West Fork, as long as the City
of West Fork improves its sewer collection system to correct and minimize infiltration
and inflow into its sewer lines, and maintains its collection system to reasonable
standards acceptable to the City of Fayetteville; and,
WHEREAS, West Fork's best and most feasible option for treatment of West Fork's
wastewater would be to pay Fayetteville for the use of Fayetteville's sewer mains, sewer
lift stations and its wastewater treatment facilities to treat and discharge West Fork
sewage; and
WHEREAS, prior to agreeing to accept West Fork's wastewater for treatment,
Fayetteville must ensure that accepting this additional wastewater does not place a
financial burden on Fayetteville's customers and citizens for which they do not receive a
corresponding benefit; and
WHEREAS, West Fork acknowledges that Fayetteville will likely have to add and
fund capacity additions and/or treatment capability enhancements in the future partly
as a result of accepting wastewater from West Fork; and
WHEREAS, West Fork acknowledges that all costs necessitated by any capacity or
sewer treatment capacity enhancement will be shared proportionally by all sewer
customers including West Fork; and
WHEREAS, West Fork acknowledges that Fayetteville is accepting the burden of
National Pollution Discharge Elimination System (NPDES) permit compliance for all
wastewater legally within the Fayetteville wastewater system; and
WHEREAS, West Fork acknowledges that Fayetteville does not accept the burden
of any National Pollution Discharge Elimination System (NPDES) permit compliance for
any wastewater prior to its lawful and proper entrance into Fayetteville's gravity sewer
system; and
WHEREAS, West Fork agrees it has the burden of all National Pollution Discharge
Elimination System permit requirements for all of its wastewater prior to its legal entry
into the Fayetteville system.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES,
AGREEMENTS, COVENANTS AND CONDITIONS OF THIS AGREEMENT, THE
CITIES OF FAYETTEVILLE AND WEST FORK MUTUALLY AGREE AS FOLLOWS:
(1) TREATMENT OF SEWAGE: Fayetteville agrees to accept for treatment West
Fork's sanitary sewage that is in compliance with this contract and West Fork's National
Pollution Discharge Elimination System permit delivered by West Fork to the Fayetteville
system and to process such wastes in the same manner as wastes from Fayetteville are
treated under the following terms and conditions:
a. West Fork will properly construct, operate and maintain all piping and
conveyance facilities required to deliver wastewater from West Fork to the
point of Connection to Fayetteville's sewer collection system as described
below, with the exception of the final sewer pump station. The City of
Fayetteville will assist West Fork if requested by West Fork with emergency
maintenance if crews are available and adequate resources and materials
are on hand. The City of Fayetteville may loan West Fork available sewer
pipe from its stockpile to be promptly replaced by West Fork. This final
pump station will be constructed and owned by West Fork, but operated
and maintained by the City of Fayetteville with all the costs associated with
those operation and maintenance activities to be paid by West Fork and
included in the normal billing procedures between the two cities. The Point
2
of Connection to Fayetteville's sewer collection system is in the area of W.
Montgomery St., west of South School Ave.
b. Wastewater received by the City of Fayetteville from West Fork will be
discharged into the environment under Fayetteville's NPDES permit or
permits, as well as any other regulatory requirements that apply as a result
of said permit, permits, or related laws. This applies to any and all permits
that pertain to any portion of the wastewater conveyance and treatment
system through which West Fork wastewater flows.
C. Fayetteville will provide West Fork a current copy of its NPDES permit and
any future revisions upon West Fork's request.
(2) FLOWS AND LOADS: Fayetteville shall accept and treat all proper and legal
wastewater flows from West Fork pursuant to this contract until either the annual
average organic loading, any mineral limitations or the annual average daily hydraulic
loading at the Paul R. Noland Wastewater Treatment Facility (Noland WWTF) reach 80%
of permitted capacity on an annual average basis. At that time West Fork and Fayetteville
agree that alternatives for future growth will be studied and discussed. Upon mutual
agreement how to handle capacity or enhanced treatment requirements and how to'pay
for such requirements, Fayetteville shall continue to accept flows from West Fork during
capacity and treatment improvement efforts. Throughout this contract Fayetteville will
annually provide West Fork with the average monthly organic loading, regulated
minerals loading and hydraulic loading for the Noland WWTF.
(3) RATES FOR SEWER SERVICE:
a. Rate making shall be fair and equitable, be easy to administer and
understand and shall be based on policies that result in predictable rate
adjustments and avoid abrupt rate changes to the extent possible.
Regulations imposed for phosphorus and other possible minerals could
require multimillion dollar investments to enhance the treatment abilities
of the wastewater plant. Such costs would have to be apportioned among
and paid by all sewer customers (homeowners, businesses, industries, city
customers, Farmington, Greenland, West Fork, Elkins and portions of
Johnson).
b. West Fork agrees that Fayetteville is entitled to a reasonable rate of return
on its investment on assets employed to provide wastewater service to West
Fork in the approximate amount of 2% above the average bond coupon
outstanding debt at the time of the most recent comprehensive cost of
service study. Fayetteville will conduct comprehensive cost -of -service
studies at various times in the future that will reset these sewer rates based
3
on industry standards and the actual costs of providing service to West Fork
and other customers.
C. Fayetteville shall cause the rate per 1,000 gallons for wastewater treatment
services to be determined by an independent utility rate consulting firm
with demonstrable expertise in water and wastewater utilities under a
wholesale contractual agreement and in compliance with the rate
methodology based in whole or in part on the rate making standards
promulgated by the American Water Works Association (AWWA), Water
Environment Federation (WEF), or other authoritative organizations. All
of the wastewater flows from West Fork shall flow through a metering
device provided near the pump station which delivers wastewater to the.
Fayetteville system.
(4) CAPACITY SURCHARGE: West Fork shall pay an additional $0.25/1,000
gallons of billed sewage, beginning on the date of delivery of the first wastewater to the
Fayetteville system to provide payment for at least some portion of the existing reserve
treatment capacity of the Noland plant that will be consumed by the initial amount of
wastewater flow from West Fork. After one year receiving West Fork's wastewater flows,
the City of Fayetteville shall determine the average existing quarterly wastewater flow
from West Fork which shall be termed the "benchmark flow." In the event that the annual
rainfall during the year used to define the "benchmark flow" is more than 10% higher or
lower than the average annual rainfall, then the "benchmark flow" shall be adjusted
appropriately to coincide with the average rainfall. Thereafter, any flow of wastewater
from West Fork during a quarter above the benchmark flow shall require West Fork to
pay an additional second fee of $0.25 per 1,000 gallons of billed sewage for the amount of
sewage over the benchmark flow for that quarter. This additional second fee shall
provide some portion of the potential funding required to provide future capacity
enhancements to the Fayetteville collection and treatment facilities used by West Fork.
This charge to provide future wastewater capacity enhancements shall take the place of
and be in lieu of wastewater impact fees paid by other users. Fayetteville and West Fork
agree that these Capacity Surcharges shall be evaluated concurrent with each
comprehensive cost of service study described in (3) b.
(5) TERM OF CONTRACT: Fayetteville and West Fork hereby agree that the term of
this contract shall be for a period of fifteen (15) years from the date of this agreement and
can be renewed pursuant to (7).
(6) EFFECTIVE DATE: This contract shall become effective and enforceable on the
date this agreement is signed by the Mayors of both cities after proper City Council
Resolution or Ordinance authorizing such execution.
(7) CONTRACT RENEWAL: Either party shall have the option to renew this contract
upon terms and conditions as may be negotiated and agreed to by Fayetteville and West
4
Fork by giving not less than twelve (12) months of notice in advance of the termination
date of this contract.
(8) BILLING AND PAYMENTS: West Fork is empowered to bill and collect
wastewater fees in a nondiscriminatory manner for all customers using West Fork's
wastewater collection system. A few of these customers are within the City of Fayetteville
water service area and receive water bills from Fayetteville. Fayetteville shall coordinate
and cooperate with West Fork in the collection of its wastewater fees if based upon water
usage and shall disconnect water service for nonpayment of water and wastewater fees
pursuant to FayetteviMs ordinances, regulations, and normal procedure. If West Fork
wishes Fayetteville to collect both the water and wastewater fee for these customers,
Fayetteville will remit the appropriate wastewater fee collections to West Fork monthly
with 5% withheld to cover some of the administrative costs.
(9) NO LIABILITY FOR FAYETTEVILLE FOR WASTEWATER BACK-UPS OR
OVERFLOWS: Although the City of Fayetteville shall endeavor to operate its
wastewater system efficiently and provide reliable wastewater service to West Fork,
neither West Fork nor aivv of its customers or citizens may seek any damages,
compensation, injunctive relief, or make any other claim or demand upon Fayetteville,
its citizens, employees, officials or contractors for any sewer blockages, back-ups,
overflows or other problems accepting, transporting or treating wastewater flowing from
West Fork. West Fork agrees to indemnify and hold harmless the City of Fayetteville, its
citizens, employees, officials, and contractors for any such damages and from any such
claim or suit.
(10) MAINTENANCE OF WASTEWATER COLLECTION SYSTEM. West Fork
agrees to maintain its wastewater system in accordance with the requirements of the
United States Environmerital Protection Agency (USEPA) and the Arkansas Department
of Environmental Quality (ADEQ), and industry standards as established by the Water
Environment Federation. A Sanitary Sewer Evaluation Study (SSES) must be performed
by and paid for by West Fork every ten (10) years. Based on the results of the SSES, West
Fork will perform the needed action items to satisfy the recommendations of the SSES.
(11) SANITARY SEWER OVERFLOWS. Sanitary Sewer Overflows within the West
Fork Sewer System which includes all wastewater conveyances that deliver wastewater
to the West Fork Sanitary Sewer System are the sole legal and regulatory responsibility
of West Fork.
a. Sanitary Sewer Overflows shall be reported by West Fork to ADEQ with a
copy to Fayetteville Water/ Wastewater Operations in compliance with ADEQ's
reporting requirements.
5
b. Sanitary Sewer Overflows exceeding 500 gallons or reaching any storm
drainage conveyance (including pipes, ditches, etc.) or waterway shall be reported
to the Beaver Water District within one working day of the overflow.
(12) PLUMBING:
a. WATER SERVICE:
i. West Fork Service Area. Each customer shall install all plumbing in
accordance with the ordinances, rules and regulations of the City of
West Fork in effect at the time such plumbing is installed. All plumbing
shall be inspected by West Fork.
ii. Fayetteville Service Area. Each customer shall install all plumbing in
accordance with the ordinances, rules and regulations of Fayetteville in
effect at the time such plumbing is installed. All plumbing shall be
permitted and inspected by Fayetteville and the water impact fee shall
be paid to and collected by the City of Fayetteville.
b. SEWER SERVICE: Each customer shall install all wastewater plumbing
in accordance with the ordinances, rules and regulations of the City of
West Fork and be inspected by West Fork.
(13) COMPLIANCE: West Fork and all sewer customers shall constantly comply with
the ordinances, rules and regulations of Fayetteville (as to pretreatment requirements,
prohibited substances, etc.), the U.S. Environmental Protection Agency, the Arkansas
Department of Health, and the Arkansas Department of Environmental Quality
governing public health and sewer operations and usage which may now exist or may
hereinafter be promulgated. Failure or refusal of any customer to comply with such
ordinances, rules or regulations will subject the customer to immediate discontinuance
of water and sewer service and Fayetteville shall in no way be liable for any damages or
expenses which may or may not result from such discontinuance. West Fork shall also
comply with the following terms and conditions:
a. West Fork shall adopt within 6 months from the date of this Contract, a
sewer use ordinance which is at least as stringent as Article III - Discharge
and Pretreatment Regulations of Fayetteville's sewer use ordinance,
including the local limits set out in § 51.075(D) of Article 111. Additionally,
West Fork's sewer use ordinance shall be revised as necessary to reflect
changes made to Fayetteville's sewer use ordinance and/or local limits.
b. West Fork shall submit a revised user inventory to Fayetteville at least on
an annual basis.
6
c. West Fork designates Fayetteville, or its authorized representative, as the
agent of West Fork for the purposes of implementation of West Fork's
sewer use ordinance with industrial users connected to the West Fork
system. Fayetteville, on behalf of and as an agent for West Fork will
perform technical and administrative duties necessary to the
implementation of West Fork's sewer use ordinance. When necessary,
Fayetteville will: (1) update the industrial wastewater survey; (2) prepare
discharge permits to all users required to obtain a permit; (3) conduct
inspections, sampling, and analysis; (4) recommend appropriate
enforcement action as outlined in the enforcement response plan; and (5)
perform any other technical or administrative duties the parties to this
agreement deem appropriate. Fayetteville may, as an agent of West Fork
take emergency action to stop or prevent any discharge which presents or
may present an imminent danger to the health or welfare of humans, which
reasonably appears to threaten the environment, or which threatens to
cause interference, pass through, or sludge contamination.
d. West Fork shall provide Fayetteville with access to all information that West
Fork obtains as part of its pretreatment activities.
e. West Fork shall provide Fayetteville with access to the facilities of industrial
users located within West Fork's jurisdiction for the purpose of inspection,
sampling and any other duties deemed necessary by Fayetteville. The City
of Fayetteville will provide the City of West Fork prior notice.
f. All costs incurred by Fayetteville, in the implementation of West Fork's
pretreatment section of the sewer use ordinance on behalf of West Fork
(including labor, equipment, sampling, and analysis, etc.) shall be borne by
the City of West Fork. In the event of a lawsuit relating to the
implementation or enforcement of the pretreatment program in West Fork,
all expenses incurred by Fayetteville in the defense of that lawsuit shall be
paid by West Fork. The items for which West Fork shall be responsible shall
include, but shall not be limited to the use of outside consultants, attorneys,
or other professional expertise.
g. West Fork has the primary responsibility for enforcing pretreatment
standards within the West Fork's jurisdiction and shall act upon the
enforcement recommendations from the City of Fayetteville. In the event
that the City of West Fork fails or is unable to enforce the pretreatment
regulations, Fayetteville has the right to take action directly against
noncompliant industrial users.
7
h. No industrial user outside the limits of the City of West Fork shall be
allowed to tie on to the West Fork sewer system.
i. REMEDIES: It is recognized by the parties that this agreement
contemplates the treatment of wastewater delivered from businesses and
residences in and around West Fork and the cessation of the delivery of this
service would have the potential to create public health and environmental
problems. If either party to this agreement concludes that there is a breach
of any terms of this contract, that party shall notify the other party by
electronic mail and certified mail of the breach. After notification, the party
in breach shall remedy the breach within thirty (30) days of receipt of the
notice of breach. If the party claiming breach is not satisfied that the breach
has been cured, then that party may pursue specific enforcement of the
terms of this agreement through the Circuit Courts of Washington County,
Arkansas. Prior to the filing of any action in the Circuit Courts, the parties
should attempt to mediate any claims before a mutually agreeable
mediator, the cost of which shall be shared equally by the parties to this
agreement. A decision reached in circuit court or in mediation will in no
way limit Fayetteville's or West Fork's power to enforce requirements
directly against industrial users located in West Fork, nor will it preclude
Fayetteville or West Fork from seeking other remedies including, but not
limited to, specific performance.
(14) TAXES AND FRANCHISE FEES PROHIBITED: West Fork will not during the
period of this contract or any renewal thereof, levy any franchise tax or fee, occupation
tax or any other tax or fee of any form whatsoever, by whatever name it may be called,
upon Fayetteville, its water system or the operations called for by this contract. Nothing
contained herein shall preclude the collection of any gross receipts tax (i.e. state, county
or local sales tax) enacted in accordance with state law and not otherwise made exempt
by state law.
(15) NOTICES: Any written notices provided for herein shall be sufficient if hand
delivered or by certified mail, return receipt requested, postage prepaid, to the Mayor of
the City of Fayetteville, 113 West Mountain Street, Fayetteville, Arkansas, 72701, or the
Mayor of the City of West Fork, 262 W. Main, West Fork, AR, 72774.
(16) COMPLETE AGREEMENT: It is agreed that neither party hereto is relying upon
any oral or written information made by the other prior to the signing of this contract
unless expressly provided herein, and that this contract constitutes the entire agreement
between the parties.
(17) AMENDMENT OF CONTRACT: Both parties retain the right to present
proposed amendments to this contract at any time. If such amendment is approved by
s
both City Councils of West Fork and Fayetteville, and signed by both Mayors, this
Contract shall be changed as stated in the written and approved amendment.
(18) CONTRACT BINDING ON SUCCESSORS. This contract shall be binding upon
the parties thereto, their successors and assigns. In the event of any occurrence rendering
West Fork incapable of performing under this contract, any successor of West Fork or
Fayetteville, whether by result of legal process, assignment, or otherwise shall succeed to
the rights of West Fork and Fayetteville under this contract.
(19) SEVERABILITY: If any phrase, clause, sentence or paragraph of this contract shall
be declared invalid by the Judgment or Decree of a Court of competent jurisdiction, such
invalidity shall not affect any of the remaining sentences or paragraphs of this contract.
(20) NOT A JOINT VENTURE: Neither city shall be responsible for the acts or
omissions of the other city's officers, agents, employees, contractors and subcontractors.
Nothing in the Agreement shall be construed as creating a partnership or joint venture
between the Cities of Fayetteville and West Fork.
(21) SOVEREIGN IMMUNITY: Nothing in this contract shall be construed to waive
or limit the sovereign immunity enjoyed by both cities.
IN WITNESS WHEREOF, the Mayor and City Clerk of the City of Fayetteville, Arkansas,
by authority of a resolution adopted by the City Council of the City of Fayetteville,
Arkansas, and the Mayor and City Recorder/ Treasurer of the City of West Fork,
Arkansas, by authority of a resolution adopted by the City Council of the City of West
Fork, Arkansas, have hereunto set their had and caused the corporation seal to be
affixed and dated this t&day of— _ 2019.
City of Fayetteville, Arkansas
City of West Fork, Arkansas
APPI:OVI;U.
By:
HEITH CAUDLE, Mayor
ATTES� t': ATTEST:
��R K 1 r �UPTON,Clerk
SONDRA E. SMITH, City Cler =rte G!1TY •U1t�,N TONCity Cle
��'• �' ';rG':
V +sn
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1111111111►►
TRI STAR CONTRACTORS, LLC
CHANGE ORDER NO. 2
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2020-0634
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/24/2020 WATER SEWER (720)
Submitted Date Division / Department
Action Recommendation:
Approval of Change Order #2 in the amount of $10,035.00 to a contract with Tri-Star Contractors, LLC for the
construction of the Stone Street Water Line Project to a service line crossing Stone Street
Budget Impact:
5400.7200.5600-5808.00
Water and Sewer
Account Number Fund
12009.1 Water System Rehabilitation/Replacement
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 7,252,340.00
$ 2,654,438.82
$ 4,597,901.18
$ 10,035.00
$ 4,587,866.18
V20180321
Purchase Order Number: 2020-275 Previous Ordinance or Resolution # 64-19
Change Order Number:
2
Original Contract Number: 2020-18
Comments:
Approval Date:
7/31/2020
CITY OF
FAYETTEVILLE
" ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Matt Casey, Engineering Design Manager
DATE: July 23, 2020
STAFF MEMO
SUBJECT: Approval of Change Order #2 to a contract with Tri-Star Contractors, LLC,
for the construction of the Stone Street Water Line Project
RECOMMENDATION:
Staff recommends approval of Change Order #2 in the amount of $10,035.00 to a contract with
Tri-Star Contractors, LLC for the construction of the Stone Street Water Line Project to a service
line crossing Stone Street.
BACKGROUND:
The City of Fayetteville Engineering Division has prepared the design for this project. The project
includes installation of approximately 680 linear feet of 8" water main along Stone Street between
S. Cross Avenue and S. Lewis Avenue. This new main replaces the older 2" main that is
undersized and needs frequent repair.
On February 18, 2020, the City Council approved a contract with Tri-Star Contractors, LLC for the
construction of this project.
DISCUSSION:
During the installation of the water main, a water meter and service line was discovered that
crosses Stone street that we did not know about during the design. The contractor has provided
a cost for the additional work necessary to cut the street and install the new service line to this
meter setting.
BUDGET/STAFF IMPACT:
The water and sewer relocations in this project are funded by the Water System Rehabilitation
account within the Water and Sewer Fund. The City Council approved a project contingency of
$18,873.84 for the project which will cover the cost of the change order.
Attachments:
Change Order #2
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
CHANGE ORDER
Change Order No.
CITY OF
FAYETTEVILLE
ARKAN
ARKSAS
2
To Contractor: TRI-STAR CONTRACTORS
The Contract is changed as follows:
Contract Title: Stone Street Waterline Improvements
Date of Issuance July 23, 2020
ORDIN ANCURESOLUTION:64-20
Effective July 23.2020
Bid
Bid
Previous
Unit
Contract
Revised
Revised
Original
Revised
Contract
Item
Item
Estimated
of
Unit
Estimated
l ml
Estimated
Estimated
Changes
No.
Description
Quantity
Measure
Price
Quantity
Price
Cost
Cost
I" Copper Water Service
10
Tubing
50
LF
$30.00
130
$30.00
1.500.00
$3.900.00
Double Meter Setting.
15
Complete to Existing Srn Ice
I
EA
$ 1200.00
2
$1,200.00
1,200.00
$2,400.00
I" Corp. Stop and
17
TaPaddle,
2
EA
$800.00
3
$800.00
1,600.00
$2.400.00
26
Pavement Repair (T-Patch)
125
SY
$75.00
154
$75.00
9,375.00
$1
4" Thick Concrete with Class 7
28
Base
250
SY
$42.00
255
$42.00
10,500.00
$10.710.00
To install I" water service with
sleeve. This price includes saw
cutting thorugh existing
parking and street, excavating
42
dirt from cut, and
1
$3,250.00
$3,250.00
asphalt/concrete haul off.
Gravel full depth backfill.
Approximate Area 3.5' x 3' x
Summation of Cost $24,175.00 $34,210.00
Net Cost for this Change Order $10.035.00
t ne ongmat Contract rnce was I. ttsl,tns.tw
Net change by previously authorized change orders $
The Contract Price prior to this Change Order was $ 181,873.84
The Contract Price will be increased by $ 10,035.00
The new Contract Price including this Change Order will be _ _ $ 191,908.84
The Contract Time(s) will be increased by — 10 calendar days
Required dates of Completion as of the date of this Change Order therefore are:
Substantial Completion I I-Sep-20
----------------------------------------------------------------
Final Completion II-Oct-20
NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been
in this or previous Change Orders.
TRI-STAR CONTRACTORS
rnw Sao 7/23/20
BY DATE
FA
by W�dt�Change Directives not incorporated
.-.%--
DATE
-go
STONE STREET
WATERLINE IMPROVEMENTS
for the
City of Fayettevi 11 e
West Orlando Drive.
West Stone Street
G
Bid No. 19-57
January 2020
West Nettleship Street '
v
West Henson Hill c
Y:rs:
vme 5treer
¢
PROJECT tr rt l
LOCATION t
5
0
im West Stone Street
Stone stre
U.. t
W6 W6 -
L'
L
c
m
y
c
¢
a
tT
¢
e
~'lest h1¢[hril 5t'ert
3.>
Ramay
a ;
junior High
IN 6wo
School
}� S
t
Strut
C C
West Pei
G^ �` West Diariortl Driver
�o AR 16 `f y
AR 18o ' As -La-Ga Trail E
VICINITY MAP
CITY OF
�• FAYETTEVILLE
' ARKANSAS
www. fayetteville-ar. gov
ENGINEERING DIVISION
PHONE: (479) 575-8206 FAX NO: (479) 575-8202
113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126
CHANGE ORDER NO. 3
TRI STAR CONTRACTORS, LLC
City of Fayetteville Staff Review Form
2020-0866
Legistar File ID
N/A
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 10/14/2020
Submitted By Submitted Date
Action Recommendation:
WATER SEWER (720)
Division / Department
Staff recommends approval of Change Order No. 3 with Tri-Star Contractors, LLC which will decrease the contract
amount by $35,564.00 for the Stone Street Water Line Project.
5400.7200.5 600-5808.00
Account Number
12009.1
Budget Impact:
Water and Sewer
Fund
Water System Rehabilitation/Replacement
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
2020-275
Change Order Number:
3
Original Contract Number:
2020-18
Comments:
Project Title
$ 7,001,729.00
$ 2,037,329.49
$ 4,964,399.51
$ (35,564.00)
$ 4,999,963.51
Previous Ordinance or Resolution # b4 19
Approval Date: 10-20-20
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Mayor Lioneld Jordan
THRU: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Matt Casey, Engineering Design Manager
STAFF MEMO
DATE: October 7, 2020
SUBJECT: Change Order #3 which will decrease the contract amount by $35,564.00, to
a contract with Tri-Star Contractors, LLC for the Stone Street Water Line
Project
RECOMMENDATION:
Staff recommends approval of Change Order #3 which will decrease the contract amount by
$35,564.00, to a contract with Tri-Star Contractors, LLC for the Stone Street Water Line Project.
BACKGROUND:
The City of Fayetteville Engineering Division has prepared the design for this project. The project
includes installation of approximately 680 linear feet of 8" water main along Stone Street between
S. Cross Avenue and S. Lewis Avenue. This new main replaces the older 2" main that is
undersized and needs frequent repair.
On February 18, 2020, the City Council approved a contract with Tri-Star Contractors, LLC for the
construction of this project.
DISCUSSION:
This change order is a reconciliation change order which changes the contract quantities to
equal the actual constructed quantities. This results in the final contract amount equaling the
final project cost. There were also two additional line items (mailbox and driveway replacement)
that needed to be added to the contract.
Due to many favorable conditions during construction as well as the contractor and inspector
being conscientious of the budget, there was some savings on this project. After the additional
items, there were still enough savings in other items to result in this $35,564.00 project credit.
BUDGET/STAFF IMPACT:
The water relocations in this project were funded by the Water and Sewer Fund.
Attachments:
Change Order #3
Vicinity Map
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
RECONCILIATION CHANGE ORDER
FAYETTEYILLE
A R K A N S A S Contract Title: Stone Street Waterline Improvements
Change Order No. 3 Date of Issuance October 7, 2020
To Contractor: TRI-STAR CONTRACTORS
The Contract is changed as follows:
ORDINANCEIRESOL(1TION:64-20
Effective October 7, 2020
Bid
Bid
Previous
Unit
Contract
Revised
Revised
Original
Revised
Contract
Item
Item
Estimated
of
Unit
Estimated
Unit
Estimated
Estimated
Changes
No.
Description
Quantity
Measure
Price
Quantity
Price
Cost
Cost
6
Rock Excavation
250
CY
$22.00
0
$22.00
5,500.00
$0.00
8" PVC, C-900 Class 200 SDR-
8
14 Water Main
700
LF
$60.00
668
$60.00
42,000.00
$40,080.00
6" PVC, C-900 Class 200 SDR-
9
14 Water Main
40
LF
$55.00
0
$55.00
2,200.00
$0.00
I " Copper Water Service
10
Tubing
130
LF
$30.00
97
$30.00
3,900.00
$2,910.00
Expoxy Coated Ductile Iron
13
Fittings
1900
LB
$8 00
850
$8.00
15 200.00
$6.800.00
16
Remove Existing Meter Service
2
EA
$500.00
3
$500.00
1.000.00
$1.500.00
16" Direct Bury Steel
18
Encasement
65
LF
$150.00
20
$150.00
9,750.00
$3,000.00
23
4" Topsoil
1000
SY
$5.00
1085
$5.00
5,000.00
$5,425.00
24
Solid Bermuda
1000
SY
$5.00
1085
$5.00
5,000.00
$5,425.00
Asphalt Concrete Hot Mix
25
Patching for Maint. of Traffic
15
TON
$130.00
0
$130.00
1,950.00
$0.00
26
Pavement Repair (T-Patch)
154
SY
$75.00
93.1
$75.00
11,550.00
$6,982.50
Coneet Curb and Gutter (24"
27
TypA)
100
LF
$18.00
58
$18.00
1,800.00
$1,044.00
4" Thick Concrete with Class 7
28
Base
255
SY
$42.00
213.50
$42.00
10,710.00
$8,967.00
6" Thick Concrete with Class 7
29
Base
50
SY
S60.00
92.5
$60.00
3,000.00
$5.550.00
30
Erosion Control Silt Fence
450
LF
$7.50
425
$7.50
3,375.00
$3,187.50
31
Erosion Control Wattle
275
LF
$6.00
0
$6.00
1,650.00
$0.00
6' Chainlink Fence with Barbed
34
W irc
25
LF
$100.00
0
$100.00
2,500.00
$0.00
35
4' Chainlink Fence
130
LF
$35.00
126
$35.00
4,550.00
$4,410.00
36
4'Chainlink Fence Gate
25
LF
$85.00
7
$85.00
2,125.00
$595.00
37
6' Wood Privacy Fence
32
LF
$30.00
13.50
$30.00
960.00
$405.00
6' Gates for Wood Privacy
38
Fence
16
LF
$50.00
11.75
$50.00
800.00
$587.50
Remove and Reinstall
39
Decorative Metal Fencing
50
LF
$30.00
30
$30.00
1,500.00
$900.00
40
Temporary Fencing
75
LF
$7.50
0
$7.50
562.50
$0.00
Remove and Replace with New
41
Mailbox
I
LS
$750.00
0
$750.00
750.00
$0.00
43
Demolition of Driveway at
0
IS
$0.00
1
$4,000.00
-
$4,000.00
1825 Stone Street
t nllongmat contract rncc was
change by previously authorized change orders
Contract Price prior to this Change Order was
�. ,The Contract Price will be increased by
The new Contract Price including this Change Order will be
The Contract Time(s) will he increased by
Required dates of Completion as of the date of this Change Order therefore arc:
Summation of Cost 137,33250 $101,768.50
Net Cost for this Chanee Order ($35.564.00)
0 calendar days
Substantial Completion 11-Sep-20
Final Completion 11-Oct-20
NOTE: This summary does not reflect changes in the Contract Price or Tit
incorporated in this or previous Change Orders.
TRI-STAR CONTRACTORS
djQk _ A.7/- Clee�eu.� 44 10/12/20
BY awDATE
STONE STREET
WATERLINE IMPROVEMENTS
for the
City of Fayetteville
West Orlando r V�
West Stone street
Bid No. 19-57
January 2020
4eSr Flr r,.,n 11 it
West Nettlesh,o ; rer•
s
PROJECT t
LOCATION
�WeSt stOrr-.1r'-w
wd
Ap
¢$ � L'CVi'f5 aV�UiU
T
WISt Miuhr,, ,rr,
a 8 Ramay
.. C
• a junior High �R �} t
m
8 Schoolea
�R
V
gJ G^ West Diamond Drive r
a' AR 16
1O AR 180 t�-La-co Trail
W7q .
CITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
www.fayetteville-ar.gov
ENGINEERING DIVISION
ONE: (479) 575-8206 FAX NO'. (479) 575-8202
113 W. MOUNTAIN STREET PROJECT: ENGR. No. 8126