agenda for 10/15/14 - Metropolitan Sewerage District

MSD
Regular Board Meeting
Metropolitan Sewerage District
of Buncombe County, NC
AGENDA FOR 10/15/14

Agenda Item
Presenter Time
Call to Order and Roll Call
VeHaun
2:00
01. Inquiry as to Conflict of Interest
VeHaun
2.05
02. Approval of Minutes of the September 17, 2014 Board
Meeting.
03. Discussion and Adjustment of Agenda
VeHaun
2:10
VeHaun
2:15
04. Informal Discussion and Public Comment.
VeHaun
2:20
05. Report of General Manager
Hartye
2:30
06. Consolidated Motion Agenda
2:45
a. Consideration of Bids for Sanitary Sewer
Rehabilitation Project – Old Haywood Road @
Starnes Cove Road.
b. Consideration of Replacement RBC Purchase.
Hartye
c. Consideration of Pace Analytical, Inc. Lease
Renewal.
d. Cash Commitment/Investment Report – Month
Ended August 31, 2014.
07. Old Business:
Powell
VeHaun
3:00
08. New Business
VeHaun
3:05
09. Adjournment (Next Meeting (11/19/14)
VeHaun
3:10
STATUS REPORTS
Hartye
Powell
BOARD OF THE METROPOLITAN SEWERAGE DISTRICT
SEPTEMBER 17, 2014
1.
Call to Order and Roll Call:
The regular monthly meeting of the Metropolitan Sewerage District Board was
held in the Boardroom of MSD’s Administration Building at 2:00 p.m., Wednesday,
September 17, 2014. Chairman VeHaun presided with the following members present:
Ashley, Belcher, Bryson, Kelly, Manheimer, Pelly, Root, Russell, Stanley and Watts.
Ms. Frost was absent.
Others present were: Thomas E. Hartye, General Manager, Rebecca Reinhardt
with Roberts & Stevens, Gary McGill with McGill Associates, P.A. and MSD Staff, Ed
Bradford, Peter Weed, Scott Powell, Jim Hemphill, Mike Stamey, Ken Stines, Sam Sirls
and Sondra Honeycutt.
2.
Inquiry as to Conflict of Interest:
Mr. VeHaun asked if there were any conflicts of interest with the agenda items.
No conflicts were reported.
3.
Approval of Minutes of the August 20, 2014 Board Meeting:
Mr. VeHaun asked if there were any changes to the Minutes of the August 20,
2014 Board Meeting. With no changes, Mr. Watts moved for approval of the minutes as
presented. Mr. Stanley seconded the motion. Voice vote was unanimous in favor of the
motion.
4.
Discussion and Adjustment of Agenda:
None
5.
Informal Discussion and Public Comment:
Mr. VeHaun welcomed Ms. Reinhardt. There was no public comment.
6.
Report of General Manager:
Mr. Hartye called on Ed Bradford, Engineering Director, and Mike Stamey,
Collection System Construction Director, for a presentation on the construction activities
of both contracted and in-house work.
Mr. Bradford presented slides showing the monthly Status Report Summary for
projects within the Capital Improvement Program (CIP); expanded detail for each project,
and the quarterly ten-year (2014-2015 through 2023-2024) Status Report. He indicated
that the detailed CIP plus the Quarterly Status Report appear on our external website. He
presented several slides showing the East State Street @ West Street in Black Mountain
project which is near completion. Currently the contractor is preparing to set manhole
eight of nine and placing binder in the trench prior to the NCDOT repaving the road. The
next project is the Mt. Vernon Place Phase II project for which MSD is partnering with
City Water Resources for paving after completion of its waterline project. He presented
slides looking up Colonial Place, near Merrimon Avenue, construction progressing up
Mt. Vernon Circle, and setting of the manhole, including compacting around it. He stated
there are multiple MSD projects in this neighborhood (three contract projects and one inhouse). Both water and sewer are being rehabilitated, and after completion of water
rehab, affected streets will be repaved in a cost-sharing effort with the City. He presented
slides showing the Merrimon @ Stratford project which is mostly complete except for
bore under Elkwood Avenue where exceedingly hard granite is present and, requiring
completion by hand-mined bore. He presented maps showing recently awarded projects
(two in the east and one in the west) that total 9,100 LF. In addition, he presented a
Minutes
September 17, 2014
Page Two
map showing the Robinwood Avenue project in West Asheville which, is up for
consideration at today’s meeting, and the Old Haywood Road Project in West Asheville,
which will be up for consideration at the October Board meeting, and the Old US 70 @
Pine Circle project in Black Mountain which will be up for consideration at the
November Board meeting. Mr. Bradford turned the presentation over to Mr. Stamey to
discuss in-house construction projects.
Mr. Stamey presented charts showing 34 completed pipeline replacement projects
for FY 2013-2014 by MSD in-house crews. Total rehab footage for the year was 20,031
linear feet. The FY 2014-2015 proposed CIP projects for MSD in-house crews consist of
33 projects. As of July 1st of this year, six (6) of those project are complete. The two
projects highlighted in yellow are current projects; Springside Drive (now complete) and
Hickory Court. The remaining projects will be complete by the end of 2015.
Mr. Stamey presented a map showing completed sewer rehabilitation in the
Grovestone Quarry area of Black Mountain where crews replaced 5,176 LF of 8” VCP
with new 12” HDPE/DIP. He presented several slides showing the upper and lower
sections during construction and post-construction. He addressed the many challenges of
this project including infiltration/inflow I/I. The average daily reduction in I/I was 40,440
gallons, equal to 8,099 five gallon buckets of water or 14 tanker loads.
Mr. Stamey presented a map showing the location of the Westwood Road Sewer
Rehabilitation project located in North Asheville near Beaverlake. This project connects
to the Merrimon Avenue Stratford Road project, where crews replaced approximately
500 feet of pipe. He noted that because the City of Asheville Storm Water Department
had a project in this same area, MSD coordinated work activities and shared the cost of
paving. He presented a map showing the location of the Hickory Court Sewer
Rehabilitation project located in the Royal Pines area of South Asheville where 1,700 ft.
of pipe is being replaced. He stated there are a lot of homes close to the sewer line as
well as power lines, steep terrain, and trees over the sewer line. He presented slides
showing crews at work. He further reported on upcoming projects that include Campus
Drive Sewer Replacement, Old County Home Road Sewer Replacement, and N. Ann
Street Replacement.
With regard to in-house crews, Mr. Stamey reported that MSD has two (2)
pipeline replacement crews; crews to Install Taps, Dig-up Point Repairs and Manhole
Repairs. During FY13-14, MSD crews installed 218 taps; 588 point repairs, and 355
manhole repairs. He presented slides showing the aforementioned repairs. Mr. Russell
asked if HDPE pipe is used exclusively in trenchless technology. Mr. Hartye stated this
pipe is also used for force mains and special applications.
Mr. Hartye presented a letter from Mrs. Kit Riley regarding MSD Tech Services
group as a whole and Furman Dean in particular. Mr. Bruce Ponder from 148
Appalachian Way called to express appreciation for Eric Bryant and James Beaver in
helping him resolve his sewer issue. Also, Josh Ray Burnette at 8 Springside Drive
called to say that Grady Brooks and Boyce Lunsford did a great job. He expressed his
appreciation to Jesse Hunter and crew, McKinley Hensley, Tim Haney, Mickey Roberts,
and Travis Courtney.
Mr. Hartye reported the United Way golf tournament will be held on Friday,
October 3rd with an 8am registration and 8:30 shotgun start.
Mr. Hartye reported the September Right of Way Committee Meeting has been
cancelled. The next meeting will be held at 9 am on October 22nd. The next regular
Board Meeting will be held on October 15th at 2pm. The Employee picnic will be held
October 14th behind the Maintenance facility.
Minutes
September 17, 2014
Page Three
7.
Consolidated Motion Agenda:
a. Consideration of Bids for Sanitary Sewer Project – Robinwood Avenue GSR:
Mr. Hartye reported this project is for the replacement of aged six-inch clay sewer
lines located in the Sulphur Springs Park section of West Asheville. The project is
comprised of 1,835 LF of 8-inch DIP. The contract was advertised, and the following
bids were received on August 28, 2014: Dillard Excavating Co. with a total bid of
$526,315.00; Huntley Construction Co. with a total bid of $472,716.69; Terry
Brothers Construction Co. with a total bid of $461,902.00, and Davis Grading, Inc.
with a total bid of $457,838.60. He stated Davis Grading is currently finishing up an
MSD project in Black Mountain, and their work quality is excellent. The FY 14-15
Construction Budget for this project is $497,000.00. Staff recommends award of this
contract to Davis Grading, Inc. in the amount of $457,838.60, subject to review and
approval by District Counsel.
b. Acceptance of Developer Constructed Sewer Systems. Hamburg Mountain
Phase III Sewer Extension Project and Biltmore Lane Block “J2” Sewer
Extension Project:
Mr. Hartye reported the Hamburg Mountain Phase III Sewer Extension Project is
located inside the District boundary off Perrion Avenue in the Town of Weaverville.
The project included extending approximately 843 linear feet of 8-inch public gravity
sewer to serve a twenty (20) unit residential development.
Mr. Hartye reported the Biltmore Lake Block “J2” Sewer Extension Project is
located inside the District boundary off Lake Drive in Buncombe County. The
project included extending approximately 1,360 linear feet of 8-inch public gravity
sewer to serve a fourteen (14) unit residential development.
Staff recommends acceptance of the developer constructed sewer systems. All
MSD requirements have been met.
c. Consideration of Reimbursement Resolution for Bond Projects:
Mr. Powell reported that in order to be in compliance with IRS regulations
concerning tax-exempt financing, all expenditures made with non-MSD bond funds,
which are to be reimbursed from MSD bond funds, must be properly identified and
authorized. The proposed reimbursement resolution identifies major projects in the
amount of $12.6 million dollars intended to be solely or substantially financed by
bonds to be issued in FY 16-17. Board approval is required to obtain the taxexemption of interest paid on MSD bonds by authorizing reimbursement from bond
proceeds of the expenditures for the attached project listing. Staff recommends
approval of the reimbursement resolution.
d. Cash Commitment/Investment Report – Month Ended August 31, 2014:
Mr. Powell reported Page 23 presents the makeup of the District’s Investment
Portfolio. There have been significant changes in the District portfolio due to the
investing of bond proceeds. Page 24 is the MSD Investment Manager’s report as of
the month of July. The weighted average maturity of the investment portfolio is 287
days. The yield to maturity is 0.50%, and exceeds MSD’s bench marks of the 6month T-Bill and NCCMT cash portfolio. Page 25 is the Analysis of the District’s
Cash Receipts. Monthly and YTD Domestic and Industrial sewer revenue is
considered reasonable based on timing of cash receipts. Facility and Tap Fees are
considered reasonable; taking into account the unpredictability of cash receipts.
Minutes
September 17, 2014
Page Four
Page 27 is an analysis of the District’s Expenditures. Monthly and YTD O&M, CIP,
and Debt expenditures are considered reasonable based on historical trends. Page 28
is the MSD Variable Debt Service report. The 2008A Series Bonds is performing
better than budgeted expectations. As of the month of August, both issues have saved
District customers approximately $3.5 million dollars in debt service since the bonds
were issues in April, 2008.
Mr. VeHaun called for discussion. With no discussion, Mr. Russell moved the Board
approve the Consolidated Motion Agenda as presented. Mr. Stanley seconded the
motion. Roll call vote was as follows: 11 Ayes; 0 Nays.
8.
Old Business:
None
9.
New Business:
Mr. Hartye reminded the Board of the Monthly Status Reports, located at the end
of each regular Agenda.
10.
Adjournment:
With no further business, Mr. VeHaun called for adjournment at 2:43 p.m.
Jackie W. Bryson, Secretary/Treasurer
MEMORANDUM
TO:
MSD Board
FROM:
Thomas E. Hartye, P.E., General Manager
DATE:
October 9, 2014
SUBJECT: Report from the General Manager
•
Treatment Plant Update
On the agenda is an item for RBC replacement purchase, which is significant in terms
of maintaining MSD’s consistent treatment capability. HDR Consulting, in preparing a
Facilities Plan, is working with staff to develop both short and long term
recommendations for the plant in order to meet future growth demands and future
regulations. This will involve a major phased upgrade to the treatment plant over the
next 10-15 years, with a likely future investment of between $50 and $100 million.
Along with the $10 million Aqua-disk filters and the electrical improvements recently
completed, there are also significant projects underway involving the incinerator
upgrades and the influent pump station upgrades.
MSD is currently leading the way in the development of new air cleaning technology,
which will both increase performance and significantly reduce costs. In the next few
months staff will be returning to the Board concerning both the incineration project and
the 20 –year Facility Plan.
•
•
Kudos
•
Ann Ray of 36 Woodgate Dr. called regarding a sewer problem at her home
and wanted to let us know that they were the nicest bunch of men that she ever
came into contact with. She was very impressed and would like to adopt them
as her grandsons.. Thanks to Eric Bryant, Wayne Rice, Gregg Patton, Alan
Taylor, Alan Knighten, and Pete Cole
•
Michelle Bennett of United Way emailed expressing their appreciation for
MSD’s help at the Beaverdam YMCA.
Board/Committee Meetings/Events
The October Right of Way Committee Meeting has been cancelled. The next Right of
Way Committee meeting will be held at 9 am on November 26th. The next Regular
Board Meeting will be held on November 19th at 2 pm.
Metropolitan Sewerage District of Buncombe County
BOARD ACTION ITEM
BOARD MEETING DATE:
October 15, 2014
SUBMITTED BY:
Tom Hartye, P.E. - General Manager
PREPARED BY:
Ed Bradford, P.E. - Director of Engineering
Hunter Carson, P.E. - Project Manager
SUBJECT:
Sanitary Sewer Rehabilitation Project: Old Haywood Road @ Starnes
Cove Road, MSD Project No. 2009117
BACKGROUND:
This project is located in West Asheville, near the Lowes on Smokey Park
Highway. The 8-inch clay lines in this area are in poor structural condition,
and in one location a home is located directly over the line.
The project is comprised of 1,491 LF of 8-inch DIP.
The contract was advertised and five bids were received on Thursday,
September 25, 2014 as follows:
Contractor
Bid Amount
1) Davis Grading, Inc.
2) Huntley Const. Co.
3) Dillard Excavating Co.
4) Thunder Disaster Services
5) Terry Brothers Const. Co.
$499,980.00
$388,682.86
$378,815.00
$355,055.50
$341,342.00
The apparent low bidder is Terry Brothers Const. Co. with a bid amount of
$341,342.00. Terry Brothers has completed numerous sewer
rehabilitation projects for MSD, and their work quality has been excellent.
Please refer to the attached documentation for further details.
FISCAL IMPACT:
The FY14-15 Construction Budget for this project is $420,000.00.
STAFF RECOMMENDATION:
Staff recommends award of this contract to Terry Brothers
Const. Co., Inc. in the amount of $341,342.00, subject to
review and approval by District Counsel.
Interoffice Memorandum
TO:
Tom Hartye, General Manager
FROM:
Ed Bradford, Engineering Director
Hunter Carson, Project Engineer
DATE:
October 2, 2014
RE:
Old Haywood Road @ Starnes Cove Road Sewer Replacement Project
MSD Project No. 2009117
The Old Haywood Road @ Starnes Cove Road Sewer Replacement project is located in West
Asheville, approximately 0.7 mile north of the I-40/Smokey Park Hwy (US 19/23/74A)
interchange. The project is in MSD Sub-basin No. 69, and includes sewer line replacement on
portions of East Starnes Cove Road, Old Haywood Road, and Eastview Circle.
Approximately 1,491 linear feet of 8-inch DIP sewer line will be installed to replace existing
8-inch VCP lines. The existing piping is in poor condition.
On September 25, 2014, five (5) sealed bids were received at 2:00 pm. Results were as
follows:
Contractor
Bid Amount
1) Davis Grading, Inc.
2) Huntley Construction Co.
3) Dillard Excavating Co.
4) Thunder Disaster Services
5) Terry Brothers Const. Co.
$499,980.00
$388,682.86
$378,815.00
$355,055.50
$341,342.00
The apparent low bidder is Terry Brothers Construction Company with a bid amount of
$341,342.00. Terry Brothers Construction Company has extensive experience with District
rehabilitation projects, and has an excellent performance history.
The FY14/15 construction budget for this project is $420,000.00.
Staff recommends award of this contract to Terry Brothers Construction Co. contingent upon
review and approval by District Counsel.
Metropolitan Sewerage District of Buncombe County, North Carolina
CAPITAL IMPROVEMENT PROGRAM
BUDGET DATA SHEET - FY 2014 - 2015
PROJECT:
Old Haywood Road @ Starnes Cove
LOCATION:
Asheville
TYPE:
General Sewer Rehab.
PIPE RATING:
43
PROJECT NO.
2009117
TOTAL LF:
1,491
PROJECT BUDGET:
$452,470.00
PROJECT ORIGIN:
SSO's, Work Orders, Line Condition
ESTIMATED
PROJECT COST
DESCRIPTION
TOTAL EXPENDS
THRU 12/31/13
EST. COST
JAN - JUNE 2014
EST. BUDGET
FY 14-15
55310 - PRELIM. ENGINEERING
55320 - SURVEY - DESIGN
$8,200.00
$8,200.00
55360 - EASEMENT PLATS
$6,700.00
$6,620.00
55370 - LEGAL FEES
$5,300.00
$5,311.00
$7,520.00
$7,517.00
55330 - DESIGN
55340 - PERMITS
55350 - SPECIAL STUDIES
55380 - ACQUISITION SERVICES
55390 - COMPENSATION
55400 - APPRAISAL
55410 - CONDEMNATION
55420 - CONSTRUCTION
$420,000.00
$420,000.00
$1,000.00
$1,000.00
55430 - CONST. CONTRACT ADM.
55440 - TESTING
55450 - SURVEY - ASBUILT
$3,750.00
TOTAL AMOUNT
$3,750.00
$452,470.00
$27,648.00
ENGINEER:
MSD
HC
R.O.W. ACQUISITION:
MSD
# PLATS: [ 11
CONTRACTOR:
$0.00
$424,750.00
ESTIMATED BUDGETS - FY '15 -'24
]
FY 15-16
$0.00
FY 16-17
$0.00
CONSTRUCTION ADM:
MSD
FY 17-18
$0.00
INSPECTION:
MSD
FY 18-19
$0.00
FY 19-20
$0.00
FY 20-21
$0.00
PROJECT DESCRIPTION: This project is located in West Asheville along Old Haywood Rd., west of Smokey FY 21-22
$0.00
Park Hwy. It consists of installing approximately 1,491 LF of 8-inch ductile iron pipe to replace existing
FY 22-23
Orangeburg and vitrified clay sewer line. The existing lines are in poor condition.
FY 23-24
SPECIAL PROJECT NOTES:
$0.00
$0.00
R N PL
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CO
VE
OLD
HAY
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EASTV
IE
STA
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W CIR
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CAPER T
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MYRA PL
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/
Old Haywood Road at Starnes Cove Road
Project No. 2009117
NOT TO SCALE
METROPOLITAN SEWERAGE DISTRICT
of
BUNCOMBE COUNTY, NORTH CAROLINA
Budget Map
Metropolitan Sewerage District of Buncombe County
BOARD ACTION ITEM
BOARD MEETING DATE:
October 15, 2014
SUBMITTED BY:
Tom Hartye, P.E. - General Manager
REVIEWED BY:
Billy Clarke, Esq. - District Counsel
Gary McGill, P.E.- Engineer of Record
Peter Weed Director of Treatment Plant
PREPARED BY:
Ed Bradford, P.E. - Director of Engineering
SUBJECT:
Replacement RBC Purchase, MSD Project No. 2007068
BACKGROUND:
RBC History at the MSD Treatment Plant
The Rotating Biological Contactors (RBC’s) are used to remove biological
oxygen demand (BOD) from the wastewater. They were installed in
1986-1987 as part of an upgrade at the treatment plant, and were
selected primarily due to the site constraints at the plant.
MSD operates one of the largest RBC plants in the country (if not the
world), with 152 units. Each RBC has over two acres of surface area for
treatment, and is rotated by buoyant air supplied by large blowers.
The RBC’s have been in continuous operation over the past 27 years,
and their performance has been excellent. 38 of the units are out of
service, primarily due to broken shafts. Staff has taken measures to
reduce the operating weight of the units in order to extend their useful life.
RBC replacement is currently scheduled on the ten-year CIP. Air-driven
units like MSD’s are no longer manufactured. New RBC’s are
hydraulically driven, and therefore require that power/controls/etc. be
available for each unit - which introduces additional cost and complexity.
The cost for one new unit is currently estimated at $150,000.00 each.
Purchase of Used Matching Units versus New Units
Over the previous year, plant staff have actively engaged multiple
resources (both companies and individuals) which specialize in RBC
operation and replacement. The purpose of this effort has been to help
extend the useful life of the RBC’s until such time that MSD must
abandon this type of process.
Staff located a company (American Resource Recovery Corporation ARRC) which specializes in salvaging RBC’s and re-selling them for use
at other plants. This occurs on a sporadic basis, only when a sewer utility
with RBC’s decides to change to a different process.
During Summer 2014, an opportunity arose at the Parkersburg, WV
treatment plant. They have discontinued their RBC process, and now
have units available which match those at MSD. These are air-driven
units of the same diameter and length, such that they are essentially
“drop-in” replacements for our units with broken shafts.
ARRC is under contract to remove these units from the Parkersburg
facility. This presents an opportunity for MSD to replenish a portion of its
out-of-service units. Mr. Lew Andowski of RBC Services - a specialized
RBC consultant working for MSD - visited the facility and verified that
these units are in good condition and compatible with MSD’s existing
basins. In addition, MSD staff travelled to Parkersburg to inspect all units
and select only those in the best condition.
The cost savings of purchasing used vs. new are substantial. The total
estimated cost for purchase/delivery/installation is estimated at
$681,034.00 for 23 units (or $29,610 per unit). As stated above, a single
new RBC will cost approx. $150,000 and will require new controls, etc.
The ten year CIP project budget, for six new units, is $925,000. Staff
originally proposed to replace one unit this current FY at an estimated
cost of $150,000.00.
The Future of RBC’s at MSD
MSD is actively engaged in an update of its Facilities Plan. This
significant, comprehensive study will recommend various options for the
future of the treatment plant, while considering future regulatory
requirements, viability of existing processes, cost, and needed
performance.
Viable long-term options for the plant will likely not include RBC’s.
However, MSD is required to maintain the RBC process until such time
that a new biological process will be implemented (approximately 15
years).
MSD has not had previous experience with ARRC; therefore, staff
checked references for previous projects with this company. The
references were all positive, and are attached in this item.
Please refer to the attached documentation for further details.
FISCAL IMPACT:
The total cost for the purchase of the 23 units is $486,684.00.
The CIP budget data sheet (attached) shows that the total estimated
budget for this project is $925,000.00. The current FY14-15 Construction
Budget is $175,000.00.
In addition to the purchase, MSD will be responsible for shipping and a
local crane service to complete this work. This cost is estimated at
$194,350.00, and gives a total installed cost of $681,034.00.
Funds are available within the contingency for the balance of
$506,034.00. In addition to the contingency, substantial savings are
expected on the Incinerator Emissions Upgrade project, due to the new
and less costly mercury removal system.
An itemized breakdown of the purchase cost is attached.
STAFF RECOMMENDATION:
Staff recommends that the District purchase 23 used
RBC’s from ARRA in the amount of $486,684.00, subject
to review and approval by District Counsel.
Purchases of used apparatus, supplies and equipment are
not subject to the public bid laws {North Carolina General
Statute 143-129(e)(10)}.
MSD Replacement RBC Purchase
Parkersburg, WV - Salvage RBC's Purchased thru ARRC
September 30, 2014
Est./Unit
Unit Cost
Quantity
Total
$ 14,250.00
21
$
299,250.00
Units @ Salvage Value
$
7,087.50
2
$
14,175.00
Steel transport stands
$
1,925.00
23
$
44,275.00
Cover remove &
reinstall
$
308.00
23
$
7,084.00
Remove Old RBC &
Install New RBC
$
5,300.00
23
$
121,900.00
$
486,684.00
TOTAL ARRC PURCHASE
Reference Check for American Resource Recovery Corp.
MSD Purchase of used RBC’s from Parkersburg, WV Plant
October 2014
Ken Boswell - Water/Wastewater Division Supervisor
City of Sand Springs, OK
Called and spoke with Mr. Boswell on October 1, 2014
Mr. Boswell stated that their experience was good. Things had to happen quickly, such that all
tasks/coordination had be done fast. He also purchased some RBC bearings from ARRC.
They are pleased with the units they purchased. May purchase more units, and would use ARRC
again if the opportunity arises.
Steve Boss - Superintendent of Water & Wastewater
Allendale Charter Township, MI
Called and spoke with Mr. Boss on October 1, 2014
Mr. Boss stated that ARRC “did a really good job” with the RBC purchase for their township.
Everything “worked out fine”, and he would not hesitate to use them again.
Lew Andowski
RBC Services, Thiensville, WI
Called and spoke with Mr. Andowski on October 1, 2014
Mr. Andowski stated that ARRC has “always done good work, they handle the ptoject site well
and clean-up afterwards”. He has used ARRC for fours now. He also used another company at
one point but that was not favorable. He stated that they are careful loading these on the
trucks, and that Pat’s son does a good job.
-
Ed Bradford
October 1, 2014
Metropolitan Sewerage District of Buncombe County, North Carolina
CAPITAL IMPROVEMENT PROGRAM
BUDGET DATA SHEET - FY 2014 - 2015
PROJECT:
RBC Replacement
LOCATION:
MSD-Treatment Plant
TYPE:
Treatment Plant
PIPE RATING:
N/A
PROJECT NO.
2007068
TOTAL LF:
0
PROJECT BUDGET:
$925,000.00
PROJECT ORIGIN:
Obsolete / Failing equipment
ESTIMATED
PROJECT COST
DESCRIPTION
TOTAL EXPENDS
THRU 12/31/13
EST. COST
JAN - JUNE 2014
EST. BUDGET
FY 14-15
55310 - PRELIM. ENGINEERING
55320 - SURVEY - DESIGN
55330 - DESIGN
55340 - PERMITS
55350 - SPECIAL STUDIES
55360 - EASEMENT PLATS
55370 - LEGAL FEES
55380 - ACQUISITION SERVICES
55390 - COMPENSATION
55400 - APPRAISAL
55410 - CONDEMNATION
55420 - CONSTRUCTION
$925,000.00
$175,000.00
55430 - CONST. CONTRACT ADM.
55440 - TESTING
55450 - SURVEY - ASBUILT
TOTAL AMOUNT
$925,000.00
$0.00
ENGINEER:
MSD
HC
R.O.W. ACQUISITION:
MSD
# PLATS: [
$0.00
$175,000.00
ESTIMATED BUDGETS - FY '14 -'23
0
]
CONTRACTOR:
FY 15-16
$0.00
FY 16-17
$0.00
CONSTRUCTION ADM.:
MSD
FY 17-18
$0.00
INSPECTION:
MSD
FY 18-19
$750,000.00
FY 19-20
$0.00
FY 20-21
$0.00
PROJECT DESCRIPTION: This project is for the replacement of the existing Rotating Biological Contactors FY 21-22
$0.00
(RBC's). The existing RBC's were installed in the 1980's, and as time progresses, some will need to be
FY 22-23
replaced as they age.
FY 23-24
SPECIAL PROJECT NOTES:
Amount shown in FY 18-19 is to replace five units at $150,000 each.
$0.00
$0.00
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
PROPOSAL
Proposal Submitted to
Today’s Date
Date of Plans/Page #’s
Metropolitan Sewerage District of Buncombe
County (MSDBC)
09/24/2014
Oct. 2014
Phone Number
Fax/E-mail
Job Name
828.254.9646
828.251.4767
RBC : Sale, demo, install
Address
Job Location
2028 Riverside Dr. Ashville, NC 28804
Buncombe County WWTP
1
PURCHASE PROPOSAL
RBC : Sale, Demo, & Install
Sale, demo and install of 8 used RBC units as outlined herein. Units have been made available for
inspection and selected via MSDBC authorized agent.
1.
2.
3.
4.
Description
Quantity
Unit Price
Used RBC units (inspected and
8
$ 14,250.00
selected by MSDBC)
Custom steel storage Stands
8
$ 1,925.00
( pairs of two )
Remove old RBC units and install
8
$ 5,300.00
the replacement units.
Remove and replace weather
8
$
308.00
covers on replacement units (see attch. #1 for scope and terms)
Total Price
$ 114,000.00
$ 15,400.00
$ 42,400.00
$
2,464.00
——————
$ 174,264.00
SHIPPING:
• MSDBC is buying the RBC units from ARRC and is responsible for all arrangements and expenses
related to shipping of the RBC units to the MSDBC site. ARRC will load and make ready for transport
each RBC unit. MSDBC will be responsible for each RBC unit once they have been loaded and made
ready for transport. MSDBC will be responsible for all crane costs related to unloading and staging of
the RBC units upon their arrival.
WARRANTY:
• The RBC units being purchased are used and are being sold AS IS and without warranty expressed or
implied. The RBC units for purchase are functional and have been verified for compatibility.
PAYMENT TERMS:
• The deposit is due upon acceptance of the proposal.
DEPOSIT = $15,400 : Total cost of steel stands
+ $11,400 : 10% (RBC Unit Sale price)
Total deposit due at signing = $ 26,800.00
•
RBC sale balance is due 15 days NET post delivery of the units to the MSDBC site.
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
PROPOSAL
Proposal Submitted to
Today’s Date
Date of Plans/Page #’s
Metropolitan Sewerage District of Buncombe
County (MSDBC)
09/24/2014
Oct. 2014
Phone Number
Fax/E-mail
Job Name
828.254.9646
828.251.4767
RBC : Sale, demo, install
Address
Job Location
2028 Riverside Dr. Ashville, NC 28804
Buncombe County WWTP
2
CONT>
•
Removal & re-install costs for the old RBC units, RBC replacements, and the weather covers is due 15
days NET upon completion of the removal and re-install
TOTAL SALE COSTS:
RBC Sale
Stands
R & R costs
Proposal Total
Deposit
Total Balance Due :
$ 114,000.00
$ 15,400.00
$ 44,864.00
$ 174,264.00
( $ 26,800.00 )
$15,400 + $11,400
$ 147,464.00
We propose to furnish material and labor—complete in accordance with above specifications for the sum of:
___________________________________________________________dollars ($_ 174,264.00______).
Payment as follows: Deposit $26,800 due at signing & balances due 15 days Net delivery / completion__.
All work to be completed in a substantial workman like manner. All changes to the above reference proposal will only be made by a written change order.
Should more time be required to complete the proposed project written notice will be given 15 days prior to the expiration of the proposed completion date.
AUTHORIZED
Heath Kimble
Note: This proposal may be withdrawn by us if not
SIGNATURE___________________________________________________
accepted within 5 days.
Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to
do the work as specified. Payment will be made as outlined above.
Signature___________________________________ Signature________________________________
Date of Acceptance___________________________
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
Attachment #1
Pg. 1
RBC Demo & Install Specs
•
Demolition, de-construction, removal and re-install of 8 air-drive RBC units and weather
covers
^ Per unit removal= includes plastic media packs, steel shafts, drive-motors, and additional support devices.
SCOPE OF WORK:
RBC Removal:
Non-functional RBC Units and supporting material will be removed under the terms agreed.
• Removal will be coordinated with the site supervisor (or appointed County agent) and executed by ARRC Inc
• ARRC will demo the non-functional RBC units and remove from the site all media packs,
steel, piping, grating, RBC parts and any additional supporting devices related to the RBC
units.
• All work will be completed in a clean, organized and professional manner while
adhering to necessary safety requirements.
• Because this is a demolition project that requires use of heavy equipment, ARRC cannot be
responsible for any un-due damage to any landscape, vegetation or the concrete basins
as a result of the demolition project.
Per RBC unit removal Cost - $2,650.00 ea.
•
•
•
•
•
•
•
Install Replacement RBC:
ARRC will re-install replacement RBC units in empty tanks and/or where directed by
MSDBC agent.
ARRC will secure the replacement units for operation. MSDBC will be responsible for reconnecting any utilities related to the operation of the replacement RBC units and commencement of the RBC operation.
Crane fees may apply to re-installation of the RBC units. (If needed fees will be finalized
prior to execution of the agreed terms.)
Per RBC unit Install Cost = $2,650.00 ea.
Weather Cover removal & re-install :
ARRC will remove and reinstall fiberglass weather covers for each RBC unit that is replaced
Per unit weather cover remove & re-install = $308.00
Salvage Material:
• All RBC units and supporting salvage materials removed and/or deconstructed will become
the property of ARRC and be removed from the site.
• ARRC will also have rights to the 3 salvage RBC units that have already been removed from
their tanks and are staged on the site.
• The MSDBC will be responsible for the final clean and absolute re-launch of the replacement RBC units.
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
Attachement #1
Pg. 2
Owner Requirements:
• MSDBC will have replacement RBC units staged and ready for installation.
• The City of MSDBC will be responsible for stopping service, dis-connecting, and/or capping
any and all utilities related to the previous operation and re-operation of the RBC units.
• The MSDBC will be responsible for the final clean and absolute re-launch of the replacement RBC units.
Removal & Reinstall Costs:
Per Unit removal—$2,2650.00
Per Unit install—$2,650.00
Per unit weather cover remove & install—$308.00
•
•
•
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
PROPOSAL
Proposal Submitted to
Today’s Date
Date of Plans/Page #’s
Metropolitan Sewerage District of Buncombe
County (MSDBC)
09/26/2014
Oct. 2014
Phone Number
Fax/E-mail
Job Name
828.254.9646
828.251.4767
RBC : Sale, demo, install
Address
Job Location
2028 Riverside Dr. Ashville, NC 28804
Buncombe County WWTP
1
PURCHASE PROPOSAL
RBC : Sale, Demo, & Install
Sale, demo and install of 15 used RBC units as outlined herein. Units have been made available
for inspection and selected via MSDBC authorized agent.
1.
2.
3.
4.
5.
Description
Quantity
Unit Price
Used RBC units (inspected and
13
$ 14,250.00
selected by MSDBC)
Used RBC Units (discounted
2
$ 7087.50
salvage value sale)
Custom steel storage Stands
15
$ 1,925.00
( pairs of two )
Remove old RBC units and install
15
$ 5,300.00
the replacement units
Remove and replace weather
15
$
308.00
covers on replacement units (see attch. #1 for scope and terms)
Total Price
$ 185,250.00
$ 14,175.00
$ 28,875.00
$ 79,500.00
$
4,620.00
——————
$ 312,420.00
SHIPPING:
• MSDBC is buying the RBC units from ARRC and is responsible for all arrangements and expenses
related to shipping of the RBC units to the MSDBC site. ARRC will load and make ready for transport
each RBC unit. MSDBC will be responsible for each RBC unit once they have been loaded and made
ready for transport. MSDBC will be responsible for all crane costs related to unloading and staging of
the RBC units upon their arrival.
WARRANTY:
• The RBC units being purchased are used and are being sold AS IS and without warranty expressed or
implied. The RBC units for purchase are functional and have been verified for compatibility.
PAYMENT TERMS:
• The deposit is due upon acceptance of the proposal.
DEPOSIT = $28,875: Total cost of steel stands
+ $19,942.50 : 10% (RBC Unit Sale price)
Total deposit due at signing = $ 48,817.50
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
PROPOSAL
Proposal Submitted to
Today’s Date
Date of Plans/Page #’s
Metropolitan Sewerage District of Buncombe
County (MSDBC)
09/26/2014
Oct. 2014
Phone Number
Fax/E-mail
Job Name
828.254.9646
828.251.4767
RBC : Sale, demo, install
Address
Job Location
2028 Riverside Dr. Ashville, NC 28804
Buncombe County WWTP
2
CONT>
Balance Payment Terms
•
•
RBC sales balances are due 15 days NET upon delivery to the MSDBC site.
Removal & re-install costs for the old RBC units, RBC replacements, and the weather covers are due 15
days NET upon completion of the removal and re-install.
TOTAL SALE COSTS:
RBC Sale
Stands
R & R costs
Proposal Total
Deposit
$ 199,425.00
$ 28,875.00
$ 84,120.00
$ 312,420.00
($ 48,817.50)
Total Balance Due :
$ 263,602.50
$ 28,875 + $ 19,942.50
We propose to furnish material and labor—complete in accordance with above specifications for the sum of:
___________________________________________________________dollars ($_ 263,602.50______).
Payment as follows: Deposit $48,817.50 due at signing & balances due 15 days Net delivery / completion__.
All work to be completed in a substantial workman like manner. All changes to the above reference proposal will only be made by a written change order.
Should more time be required to complete the proposed project written notice will be given 15 days prior to the expiration of the proposed completion date.
AUTHORIZED
Heath Kimble
Note: This proposal may be withdrawn by us if not
SIGNATURE___________________________________________________
accepted within 5 days.
Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to
do the work as specified. Payment will be made as outlined above.
Signature___________________________________ Signature________________________________
Date of Acceptance___________________________
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
Attachment #1
Pg. 1
RBC Demo & Install Specs
•
Demolition, de-construction, removal and re-install of 15 air-drive RBC units and weather
covers
^ Per unit removal= includes plastic media packs, steel shafts, drive-motors, and additional support devices.
SCOPE OF WORK:
RBC Removal:
Non-functional RBC Units and supporting material will be removed under the terms agreed.
• Removal will be coordinated with the site supervisor (or appointed County agent) and executed by ARRC Inc.
• ARRC will demo the non-functional RBC units and remove from the site all media packs,
steel, piping, grating, RBC parts and any additional supporting devices related to the RBC
units.
• All work will be completed in a clean, organized and professional manner while
adhering to necessary safety requirements.
• Because this is a demolition project that requires use of heavy equipment, ARRC cannot be
responsible for any un-due damage to any landscape, vegetation or the concrete basins
as a result of the demolition project.
Per RBC unit removal Cost - $2,650.00 ea.
•
•
•
•
•
•
•
Install Replacement RBC:
ARRC will re-install replacement RBC units in empty tanks and/or where directed by
MSDBC agent.
ARRC will secure the replacement units for operation. MSDBC will be responsible for reconnecting any utilities related to the operation of the replacement RBC units and commencement of the RBC operation.
Crane fees will apply to re-installation of the RBC units and are the responsibility of
MSDBC. (Crane fees will be finalized prior to execution of the agreed terms.)
Per RBC unit Install Cost = $2,650.00 ea.
Weather Cover removal & re-install :
ARRC will remove and reinstall fiberglass weather covers for each RBC unit that is replaced.
Per unit weather cover remove & re-install = $308.00 ea.
Salvage Material:
• All RBC units and supporting salvage materials removed and/or deconstructed will become
the property of ARRC and be removed from the site.
• ARRC will also have rights to the 3 salvage RBC units that have already been removed from
their tanks and are staged on the site.
• The MSDBC will be responsible for the final clean and absolute re-launch of the replacement RBC units.
American Resource Recovery Corporation
12070 Reyburn Dr.
Sparta, MI 49345
616-308-1621
Attachement #1
Pg. 2
Owner Requirements:
• MSDBC will have replacement RBC units staged and ready for installation.
• The City of MSDBC will be responsible for stopping service, dis-connecting, and/or capping
any and all utilities related to the previous operation and re-operation of the RBC units.
• The MSDBC will be responsible for the final clean and absolute re-launch of the replacement RBC units.
Removal & Reinstall Costs:
Per Unit removal—$2,2650.00
Per Unit install—$2,650.00
Per unit weather cover remove & install—$308.00
•
•
•
Metropolitan Sewerage District of Buncombe County
BOARD ACTION ITEM
Meeting Date:
October 15, 2014
Submitted By:
Thomas E. Hartye, PE., General Manager
Prepared By:
W. Scott Powell, CLGFO, Director of Finance
Peter Weed, Director of Waste Treatment and Maintenance
Reviewed By:
Billy Clarke, Board Legal Counsel
Subject:
Consideration of Pace Analytical, Inc. Lease Renewal
Background
In FY 2002, the District entered into an operating lease agreement with Pace Analytical, Inc. The lease provides
2
Pace with approximately 6,100 ft of laboratory space in exchange for itemized laboratory services, specifically
MSD testing needs (regulatory required–NPDES, IW-Pretreatment, Headworks, Biosolids, and other
environmental programs). Currently, the District and Pace Analytical, Inc. is in Year 4 of a five-year lease
arrangement signed in April 2011 in the amount of $5,000/month ($60,000 annually). Pace Analytical has the
option of two (2) three-year extensions starting April 2016.
Discussion
In September 2014, Pace Analytical, Inc. expressed the need for additional space to build a walk-in cooler to
2
store specimens. The space needed is approximately 500 ft . To establish a reasonable value for space
2
provided, staff referred to the September 2010 lease agreement of 5,800 ft of office space at 2229 Riverside
2
Drive. Staff utilized a local real estate firm to establish the current value of $9/ft . This value was predicated on
a variety of factors including geographic location and proximity to the Wastewater Reclamation Facility.
Pace Analytical, Inc. has agreed in principal to a new five-year lease commencing on January 1, 2015 in the
2
amount of $5,650/month ($67,800). The lease will provide Pace with approximately 6,600 ft of
laboratory/cooler space in exchange for itemized laboratory services. The lease will also include two (2) threeyear extension options. Pace Analytical, Inc. will bear all costs associated with the construction of the additional
space. After the cooler is completed, Pace Analytical, Inc. will assign ownership to the District.
Staff Recommendation
Authorize the General Manager and Legal Counsel to execute the negotiated lease agreement with Pace
Analytical Inc., which incorporates the leasing of the identified space (see attachment A) for $5,650/month
($67,800 annually) for direct exchange of “in-kind” laboratory services itemized by the District (see attachment
B). This lease will be for five (5) years and incorporate two (2) three-year extension options to be mutually
agreed upon by the District and Pace Analytical, Inc.
Action Taken
Motion by:
Second by:
Other:
Follow-up required:
Person responsible:
to
Approve
Table
Disapprove
Send to Committee
Deadline:
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
THIS LEASE made and entered into this first day of January 1, 2015 by and between The
Metropolitan Sewerage District of Buncombe County, North Carolina, a body corporate
and politic with its principal office and place of business located at 2028 Riverside Drive in
Woodfin, North Carolina 28804 ("MSD") hereinafter sometimes referred to as ("Lessor"), and
Pace Analytical Services, Inc. ("Pace") a corporation organized under the laws of Minnesota,
with its corporate headquarters located at 1700 Elm Street, Suite 200, Minneapolis, Minnesota,
55414, hereinafter sometimes referred to as ("Lessee").
WHEREAS, the Lessor is currently renting space and certain laboratory equipment to Lessee
under a lease beginning in April, 2011 (the "2011 Lease");
WHEREAS, the Lessor and Lessee desire to enter into a new lease for the premises and
laboratory equipment under the same terms and conditions, and the new lease will include
additional square footage in the premises to be leased;
NOW, THEREFORE, the Lessor and Lessee, in consideration of the mutual covenants and conditions
contained herein agree to a lease of certain real property and laboratory equipment owned by
Lessor upon the following terms and conditions:
ARTICLE I
LEASED PREMISES, IMPROVEMENTS, AND MSD EQUIPMENT
Section 101. Premises
Lessor hereby rents and leases unto Lessee, and Lessee hereby takes and hires from Lessor (i) a
portion of the Administration Building and certain laboratory equipment located therein at the
MSD Water Reclamation Facility located at 2225 Riverside Drive in Woodfin, North Carolina, as
shown on Attachment A attached hereto, including the right to use common areas shown on
Attachment A, all improvements thereto, the right of ingress and egress from N.C Highway 251,
and the right to use parking spaces adjacent to the Administration Building (the "Premises").
ARTICLE II
TERM OF LEASE AND RENT
Section 201. Initial Term
The Initial Term of this Lease shall be for a period of five (5) years, commencing on the first day
of January 2015 and continuing through the 31st day of December 2019.
Section 202. Right of Extension
Lessee is granted the option to extend the Initial Term of this Lease for two additional periods of
three (3) years each. If Lessee elects to extend the Initial Term for such period, the rental shall be as
specified in Section 204, below. In order to exercise the option to extend hereby granted,
Lessee must notify Lessor in writing at least six (6) months in advance of the expiration date of
the Initial Term of the Lease of Lessee's intention to exercise the option to extend.
Section 203. Rent for Initial Term
A. During the Initial Term of this Lease, Lessee shall pay to Lessor an annual rental equal in value
to Sixty-Seven Thousand, eight hundred and no/100 Dollars ($67, 800.00) per year, payable in
equal monthly installments of Five Thousand S i x Hundred Fifty and 00/100 Dollars ($5,500.00)
each, each monthly installment payable in advance on the first day of each month during the
entire term of the Lease. Lessor and Lessee acknowledge and agree that Lessee will be
providing sampling and analytical services to Lessor required under the terms and conditions
of its NPDES Permit and its Industrial Waste Pretreatment Program (the "Required Services")
in lieu of actual rent. The Required Services are described on Attachment B attached hereto.
Lessee agrees to provide the Required Services described on Attachment B to Lessor at no
charge, up to an amount equal to the monthly rent, in exchange for the right to occupy the
Premises. In the event Lessee provides other sampling and analytical services, or Required
Services in excess of the amount of monthly rent, it will do so at its preferred pricing rate, as
set forth on Attachment B.
B. Within ten (10) days of the end of each month, Lessee will provide Lessor with an invoice
listing all Required Services and other sampling and analytical services provided to Lessor by
Lessee during the prior month. Invoices for Required Services or other sampling and analytical
services, up to the amount of the monthly rent, shall be offset with a credit to Lessee's
monthly rent obligation. That portion of the invoice for Required Services or for other
sampling and analytical services in excess of the amount of the monthly rent will be paid to
Lessee within thirty (30) days of receipt by Lessor; if under, the Lessee shall pay the difference
to Lessor within thirty (30) days of receipt of invoices by Lessor.
Section 204. Rent During Extension Periods
In the event this Lease is extended for either of the two (2) three-year renewal periods pursuant to
Section 202 above, Lessee shall pay to Lessor during said extension period an annual rental to be
computed as follows:
(i) During the first three-year extension, Lessee shall pay to Lessor an annual rental equal in
value to Seventy-One Thousand, One Hundred Ninety and no/l00 Dollars ($71,190.00) per
year, payable in equal monthly installments of Five Thousand, Nine Hundred, Thirty Two
and 50/100 Dollar ($5,932.50) each;
(ii) During the second three-year extension, Lessee shall pay Lessor an annual rental of
Seventy-Four Thousand, Seven Hundred Fifty and no/100 Dollars ($74,750.00) per year,
payable in equal monthly installments of Six Thousand, Two Hundred Twenty-Nine
17/100 Dollars ($6,229.17) each.
Except for the increase in the annual rent, the terms and conditions of the second three-year
extension shall be the same as those of the first three-year extension. Each monthly installment shall
be payable in advance on the first day of each month during the entire term of the Lease. Lessor
and Lessee acknowledge and agree that Lessee will continue to provide sampling and analytical
services to Lessor required under the terms and conditions of its NPDES Permit and its Industrial
Waste Pretreatment Program (the "Required Services") in lieu of actual rent. Lessee and Lessor
agree and acknowledge that the Required Services during the first three-year extension of this
Lease should be substantially the same as the Required Services described on Attachment B
attached to this Lease, and it is the intent of the Lessor and the Lessee that the exchange of
Required Services for rent, up to an amount equal to the monthly rent, continue during any
extension of the Lease. Prior to the first three-year extension of this Lease, Lessor and Lessee agree
to develop a revised schedule of Required Services and pricing for Required Services similar to
Attachment B attached to this Lease, which shall govern the exchange of services for rent during
any extension of the Lease. The revised schedule shall also include pricing for sampling and
analytical services in addition to the Required Services.
Section 205. Adjustments to Rent
Lessor and Lessee acknowledge and agree that the scope and amount of the Required Services
during either of the three-year extensions may exceed the scope and amount of Required
Services anticipated in Schedule B or that Lessor may request Lessee to perform additional
sampling and analytical work, and that the cost of providing the Required Services or other
sampling and analytical work may exceed the agreed upon monthly rental values for either of
the three-year extensions. Should the cost of providing the Required Services or other sampling
and analytical work exceed the agreed upon monthly rental values for either of the three-year
extensions, MSD agrees to pay the difference to Lessee, provided, however, the additional
services shall be provided at the preferred pricing rate in Attachment B, or as may be mutually
agreed upon by MSD and Pace. Should the agreed upon rental rate for either of the three-year
extensions exceed the invoiced charge of providing the Required Services or other sampling
and analytical work provided, then Lessee shall pay the difference to Lessor in rent.
Section 206. Terms and Conditions
MSD and Pace acknowledge and agree that all Required Services and other sampling or
analytical work provided by Pace to MSD, whether in lieu of rent or charged to MSD, shall be
provided subject to the Standard Terms and Conditions of Pace, a copy of which is attached
hereto as Attachment C and fully incorporated herein by reference. In the event of a conflict
between the Standard Terms and Conditions and the Lease language, the Lease language
prevails.
ARTICLE III
INSURANCE
Section 301. Property Insurance
A. During the Initial Term of this Lease and during the extension period, Lessor shall carry fire,
windstorm, and extended-coverage insurance on the building and other improvements
erected on said Leased Premises, as well as on the MSD laboratory equipment, in an
amount equal to one hundred percent (100%) of the full replacement value of the
building, improvements and MSD Equipment, and pay the premiums promptly as the
same become due.
B. In the event of loss or damage covered by the above referred-to policies, any proceeds
received therefrom shall be used for rebuilding or repairing the improvements and the
MSD laboratory equipment, and for no other purpose except as provided in Section 501
herein.
C. Lessee shall insure all its personal property and fixtures located in the Leased Premises, and
Lessor shall have no interest in the proceeds from such insurance.
Section 302. Liability Insurance
A. Lessee agrees to defend, indemnify and hold harmless the Lessor, its successors and assigns,
from and against any and all claims, suits or actions, Judgments and costs, for injury to person
or property arising out of Lessee's use and possession of the Leased Premises or its use,
maintenance and operation of its business conducted on the Leased Premises, and not
resulting in whole or in part from the negligence of the Lessor.
B. Lessee shall, at its own expense, provide and keep in force the following insurance, in which
Lessor and Lessee shall be named as insured:
Comprehensive general liability insurance insuring Lessor's interest only in the amount of at
least One Million Dollars ($1,000,000.00) for any occurrence resulting in property damage or
bodily injury to or death of one person and consequential damages arising therefrom, and in
the amount of at least One Million Dollars ($1,000,000.00) for any occurrence resulting in
property damage or bodily injury and/or death to more than one person and consequential
damages arising therefrom;
C. All policies of insurance shall cover the entire Leased Premises, including common areas,
parking areas and any sidewalks, streets and ways adjoining the Leased Premises. Said policies
shall provide for at least thirty-(30) day notice to Lessor before cancellation, and certificates
thereof shall be delivered to Lessor.
D. Lessor and Lessee, and all parties claiming under or through them, mutually release and
discharge each other from all claims and liabilities arising from or caused by any casualty or
hazard covered or required herein to be covered in whole or in part by insurance coverage
required to be maintained by the terms of this Lease on the Premises or in connection with
activities conducted within the Premises, and waive any right of subrogation which might
otherwise exist in or accrue to any person on account thereof. All insurance policies carried
by Lessor and Lessee with respect to the Leased Premises shall provide for such waiver of
subrogation.
E. Lessor and Lessee shall provide certificates evidencing the insurance coverage required under
this agreement upon request.
ARTICLE IV
CONDITION AND USE OF PREMISES
Section 401. Use/Compliance with Laws and Ordinances
A. Lessor covenants that it is seized of the Premises in fee simple, has the right to lease them for
the entire term of this Lease, and hereby warrants and agrees to defend the title thereto and to
reimburse and hold Lessee harmless from any loss by reason of any defect in the title.
B. Lessee agrees to keep the premises at all times clean and sanitary and further agrees that it will
permit no offensive or unsanitary conditions to exist on said premises. Lessor and Lessee
acknowledge that Lessee will be operating a commercial laboratory on the Premises. Lessee
warrants that it has in effect and will maintain all certifications and licenses necessary to
operate a commercial laboratory in North Carolina and to conduct the analysis necessary to
perform the Required Services. Lessee's failure to maintain such certification shall be an event
of default under this Agreement. Lessee warrants and represents that it will be conducting
analyses on water, wastewater and soil, sludge, groundwater, surface water, process water,
used oil, cloth/papers/filters/film, air, meat products, wood, tile, rocks/sand and paint. No
testing or analysis will be conducted on known radioactive, medical, or biological waste. Lessee
further warrants and represents that its business will be conducted in accordance with all
applicable, local, state and national laws and regulations governing environmental matters,
including but not limited to the North Carolina Oil Pollution and Hazardous Substances Control
Act, N.C. Gen. Stat. 143-215.75 et seq., relevant provisions of Chapter 130A of the North
Carolina General Statutes, the Federal Clean Water Act, the Clean Air Act, the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), and the
Resource Conservation and Recovery Act ("RCRA").
C. Lessee shall have the peaceful and quiet use of the Leased Premises for the purpose of using
said Premises as a commercial laboratory space without hindrance on the part of the Lessor,
and Lessor shall warrant and defend Lessee in such peaceful and quiet use against the lawful
claims of all persons claiming by, through or under Lessor. Pace and MSD acknowledge that
they will be sharing space in the Administration Building and agree to cooperate as necessary
to minimize any interruption or disruption to the operations of the other. MSD and Pace
further acknowledge and agree that Pace's analytical staff shall have 24-hour access to the
Leased Premises, including access and entry through the MSD gate as well as access and entry
to all Pace laboratory and office space and common areas. Lessee may not use the Leased
Premises for a purpose other than as set forth above without the express written consent of
Lessor, which consent shall not be unreasonably withheld. Lessee may install and maintain two
(2) signs advertising Lessee's business; one at the road and one at or on the building. Lessee's
signs shall conform to law and to the requirements of all appropriate governmental authorities.
Lessor shall have the right to approve the signs, such approval not to be reasonably held.
Lessee shall comply with all present and future laws, ordinances and regulations of duly
constituted public authorities, now or hereafter in any manner affecting the Leased Premises,
the adjacent sidewalks, or any buildings thereon, or the use thereof. Lessee shall have the right
to contest the validity of any laws, ordinances, or regulations adversely affecting its use of the
Leased Premises and shall hold Lessor harmless from the consequences of violations of any
such law, ordinance, or regulation.
Lessee shall not violate or permit to be violated any of the conditions of the policies of
insurance described in Sections 301 or 302 hereof and shall perform and satisfy all
requirements of the insurers.
D. Lessee agrees, upon the termination of this Lease, to deliver up the Leased Premises with the
floor and the entire interior of the building in as good order and condition as the same will be
on the beginning of the term, reasonable wear and tear excepted, and free from all claims.
Lessor and Lessee acknowledge that Lessee intends to make certain improvements to the
Premises including an addition of approximately 500 square feet as shown on Attachment A.
Prior to making any improvements or additions; Lessee shall submit plans and specifications for
the improvement or addition to MSD for review and approval. Construction of such
improvement or addition may begin only after MSD review and approval. The cost of
constructing any improvements or additions shall be borne solely by Lessee, and Lessee
warrants and represents that such improvements or additions shall be constructed in a good
and workmanlike manner. Any improvements or additions constructed by or for Lessee during
the term of this lease and any extensions thereof shall become the property of Lessor except
that Pace shall be entitled to remove Freestanding Walk-in Cooler (s), testing and analytical
equipment owned or purchased by Lessee during the term of the Lease, and any other
personal property of Lessee.
Section 402. Maintenance of Property
A. Lessee shall be solely responsible for the ordinary maintenance of the MSD Equipment and the
interior of the Leased Premises but shall have no responsibility for maintenance of interior or
exterior structural components, plumbing, electrical or heating, ventilating and air
conditioning systems, fire systems, the roof, or the exterior of the building located on the
Leased Premises, including all glass in the building.
B. Lessor shall be responsible for ordinary maintenance of the shrubbery, sidewalks, grass, and
the parking area on the Leased Premises. Lessor will maintain in force and effect for the
duration of the term of this lease contracts for lawn care, snow removal and for inspection and
control of termites.
C. Lessor shall maintain the plumbing, electrical, heating, ventilating, air conditioning systems,
and fire systems serving the Leased Premises and all other equipment located on or around
the Leased Premises.
D. Notwithstanding the provisions of A, B, and C above, Lessor covenants to maintain and shall
be responsible for repairing the foundations, interior and exterior structural components and
walls, as well as the plumbing, electrical, heating, ventilating and air conditioning systems, and
fire systems, and shall make any and all repairs to the roof of the Leased Premises unless the
same are damaged as a result of an act or omission of Lessee, its agents, employees or
invitees, in which event, Lessee shall be responsible for and provide such repairs.
E. Lessor shall not be responsible for any damage to goods or fixtures belonging to the Lessee,
which may be caused by water leaking through the roof of the Leased Premises unless Lessor
has sufficient notice in advance of any damage of such condition or unless Lessor has caused
such leak by its own negligence. Failure to inspect the roof of the building, unless notified to
do so by Lessee, shall not be considered negligence.
F. Lessee shall be responsible for maintenance of all of the MSD laboratory equipment and any
other testing or analytical equipment used by or brought onto the Premises by the Lessee.
Section 403. Utility Charges
Lessor shall provide for Lessee's use of all utility services in the Leased Premises, including but
not limited to, heat, air conditioning, water, gas, electricity, sewer, and the like, and Lessee shall
not be additionally charged for these services. Notwithstanding the foregoing, telephone &
Internet charges shall be paid by Lessee.
ARTICLE V
DESTRUCTION OR CONDEMNATION
Section 501. Fire-Damage Restoration of Improvements
A. Except as provided in subparagraphs B and C of this Section 501, in the event of damage
to or destruction of the Leased Premises by fire or other insured casualty, the Lessor, at its
sole expense, shall promptly restore the Leased Premises as nearly as possible to its
condition prior to such damage or destruction. All insurance proceeds received by the
Lessor pursuant to the provisions of this Lease, less the cost, if any, of such recovery, shall
be held in trust and applied by the Lessor to the payment of such restoration, as such
restoration progresses.
B. If the Leased Premises is destroyed or so damaged by fire or other casualty such that
repair of such damage shall require 120 days or more, the Lessee may terminate this Lease
on notice of at least ten (10) days and no more than thirty (30) days. Such notice shall be
given within sixty-(60) days after the date of such damage or destruction. If the Lease
shall so terminate, all rent shall be apportioned to the date of termination, and all
insurance proceeds shall belong to the Lessor except as otherwise set forth herein.
C. If the Leased Premises is damaged by fire or other casualty to the extent of 50% or more
of its replacement value in the last year of the lease term, then either Lessor or Lessee may
terminate this Lease on notice of at least ten (10) days and no more than thirty-(30) days.
Such notice shall be given within sixty-(60) days after the date of such damage. If Lessor
elects to terminate this Lease as herein provided, Lessee may reinstate this Lease by
exercising any then­ existing option to renew the term hereof by written notice to Lessor
within fifteen (15) days of Lessee's receipt of Lessor's termination notice. Upon receipt of
such reinstatement notice from Lessee, Lessor, at its sole expense, shall promptly restore
the Leased Premises as nearly as possible to its condition prior to such damage.
D. Any disbursement of insurance proceeds by a trustee shall be deemed to have been made
by the Lessor.
E. Rent shall abate during the time the Leased Premises is being restored.
F. If repair of the Leased Premises is not completed by Lessor within 120 days after the date
of its damage or destruction, then Lessee may terminate this Lease by written notice to
Lessor at any time after the expiration of said 120-day period and before completion of
said repairs.
Section 502. Condemnation
It is mutually agreed that if at any time during the term of this Lease, or any extension thereof, any of
the Premises covered by this Lease be taken by any federal, state, or local authority, then, in the
determination of damages sustained by said taking, recognition shall be given to (1) land value and
future rental loss by reason of a partial or total taking; (2) building and improvement value as
Lessor's and Lessee's interests therein may be; and (3) Lessee's loss of use.
Lessor and Lessee agree to cooperate and work together in agreeing to or contesting the amount of
any condemnation award or damage. If the taking is so substantial that the portion remaining is no
longer usable by the Lessee for the purposes intended, then this Lease may, at the option of the
Lessee, be terminated. If any dispute arises as to whether or not the taking renders the remaining
portion unusable for the intended purposes, then such dispute shall be determined by an arbitrator
selected by mutual agreement between the Lessor and Lessee.
ARTICLE VI
ASSIGNMENT - SUBLEASES - SALE
Section 601. Assignment or Sublease by Lessee
Lessee may not assign this Lease, in whole or in part, or sublet all or any of the Leased Premises,
except to a subsidiary or successor of Lessor. The lease may not be assigned without the prior
written consent of Lessor, which consent shall not be unreasonably withheld. In the event of any
such assignment or subletting, Lessee shall remain primarily liable for all rents due under this Lease,
and shall remain primarily liable for all obligations and responsibilities of Lessee hereunder.
Section 602. Sale by Lessor
Lessor shall have the right to sell or transfer the Leased Premises, subject to all of the provisions of this
Lease.
ARTICLE VII
DEFAULT - BANKRUPTCY
Section 701. Remedies of Lessor
In the event that during the term of this Lease (regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency, or other proceedings, in law, in equity, or before any
administrative tribunal, which has prevented or might prevent compliance by Lessee with the terms
of this Lease):
(a) Lessee shall default in the payment of any installment of rent or other sum herein specified to
be paid by Lessee, and such default shall continue for thirty (30) days;
(b) Lessee shall default in the observance or performance of any of Lessee's covenants,
agreements, or obligations hereunder, and such default shall not be cured within thirty (30)
days after Lessor shall have given to Lessee written notice specifying such default or defaults;
or
(c) (1)
Lessee is adjudicated a bankrupt or insolvent; or
(2)
A receiver is appointed for all or substantially all of Lessee's business or assets on the
ground of Lessee's insolvency; or
(3)
A Trustee is appointed for Lessee after a petition has been filed for Lessee's
reorganization under the Bankruptcy Act of the United States, or any future law of the
United States having the same general purpose; or
(4)
Lessee shall make an assignment for the benefit of its creditors;
then, in any such event, Lessor shall have the right, at its election, at any time thereafter, while any
such default or condition continues, to re-enter and take complete and peaceable possession of
the Leased Premises and any and all improvements then forming part of the Leased Premises and
to declare the term of this Lease ended, whereupon this Lease and all the right, title, and interest of
Lessee hereunder shall terminate and be of no further force or effect. In the event of such
declaration, Lessor shall have the right to sue for and recover all rents and other sums accrued up
to the time of such termination, including damages arising out of any breach on the part of the
Lessee. Lessor shall also have the right, without re-entering the Leased Premises, or terminating this
Lease, to sue for and recover all rents and other sums, including damages, at any time and from
time to time accruing hereunder.
Section 702. Cumulative Rights
No right or remedy herein conferred upon or reserved to Lessor is intended to be exclusive of any
other right or remedy herein or by law provided, but each shall be cumulative and in addition to
every other right or remedy given herein or now or hereafter existing at law or in equity, or by
statute.
Section 703. Interest on Overdue Rent or Invoices
Any installments of rent or payment of invoices overdue for a period of more than thirty-(30) days
shall bear interest at the prime rate per annum as then charged by Bank of America in Asheville, NC.
Section 704. Other Remedies of Lessor
If the Lessee shall default in the performance of any covenant required to be performed by it under
this Lease, Lessor may perform the same for the account and at the expense of the Lessee, after first
giving notice to Lessee of its intention to do so. If Lessor at any time is compelled to pay or elects
to pay any sum of money, or do any act which will require the payment of any sum of money, by
reason of the failure of Lessee to comply with any provisions hereof; or if Lessor is compelled to
incur any expense (including reasonable counsel fees in instituting, prosecuting, or defending any
action or proceeding instituted by reason of any default of Lessee hereunder), the amount of such
payments or expenses shall be paid by Lessee to Lessor as additional rent on the next date
following such payment or the incurring of such expense upon which a regular monthly rental
payment is due, together with interest at the rate of 3% over the "prime rate" as defined in Section
703.
Section 705. Effect of Waiver or Forbearance
No waiver by either party to this Lease of any breach by the other party of any of its obligations,
agreements, or covenants hereunder shall be a waiver of any subsequent breach of any other
obligation, agreement, or covenant, nor shall any forbearance by either party to this Lease to seek a
remedy for any breach by the other party be a waiver of its rights and remedies with respect to such
or any subsequent breach.
ARTICLE VIII
MISCELLANEOUS
Section 801. Notices
Any notice provided for herein shall be given in writing and shall be deemed to have been given
when deposited with a recognized national courier service, i.e., Federal Express, DHL, UPS, United
States Postal Service, etc. or when sent by Registered or Certified mail, addressed, if to the Lessor, as
follows:
Thomas E. Hartye, P.E., General Manager
Metropolitan Sewerage District of Buncombe County
2028 Riverside Drive
Asheville, North Carolina 28804
Telephone: (828) 254-9646
Fax:
(828) 254-3299
E-Mail:
thartye@msdbc.org
And, if to the Lessee, as follows:
Michael Prasch, Controller
Pace Analytical Services, Inc.
1700 Elm Street, Suite 200
Minneapolis, Minnesota 55414
Telephone: (612) 607-1700
Fax:
(612) 607-6348
E-Mail:
mprasch@pacelabs.com
Section 802. Change of Address
The persons and places to which notices are to be mailed may be changed from time to time by
Lessor or Lessee, upon written notice to the other.
Section 803. Release
At the final termination of this Lease, Lessee shall, if requested by Lessor, execute and deliver to
Lessor an appropriate release, in form proper for recording, of all of Lessee's interest in the Leased
Premises.
Section 804. Modification
This Lease may be modified as follows: Only by a written agreement signed by Lessor and Lessee.
Section 805. Severability
In the event any provision of this Lease shall be found in valid or unenforceable, that provision shall
be severed from this Lease, and the remaining portions hereof shall continue in full force and effect
pursuant to their terms.
Section 806. Descriptive Headings
The descriptive headings of this Lease are inserted for convenience in reference only and do not
constitute a part of this Lease.
Section 807. Successors in Interest
This Lease shall be binding on and shall inure to the benefit of the parties hereto and their
·respective successors or permitted assigns.
Section 808. No Joint Venture or Employment Relationship
This Agreement constitutes a Lease only and the Required Services or other sampling and
analytical work performed by Pace on behalf of MDS shall be that of a contractor and subject
to the Standard Terms and Conditions of Pace. Any intention to create an employment, joint
venture, partnership, or agency relationship between the parties is hereby disclaimed.
Section 809. Memorandum of Lease
A short form Memorandum of this Lease shall be recorded in the office of the Register of
Deeds for Buncombe County, North Carolina.
IN WITNESS WHEREOF, the Metropolitan Sewerage District of Buncombe County has caused
this Lease to be executed by its General Manager as the act of the District and Pace Analytical
Services, Inc. caused these presents to be executed in its name and acknowledge by its
Controller
, all of which signatures are as of the day and
year first above written.
METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY
By:
Its:
PACE ANALYTICAL SERVICES, INC.
By:
Its:
Acknowledgments for Corporate Officers on following page
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
I,
a Notary Public for said State and County,
certify that Thomas E. Hartye personally came before me this day and acknowledged that he is
General Manager of METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY,
NORTH CAROLINA, a Public Body and Body Politic and Corporate, and that by authority duly
given and as the act of the corporation, the foregoing instrument was signed in its name by its
General Manager, sealed with its corporate seal.
WITNESS my hand and official stamp or seal, this
day of
, 2014.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
I,
a Notary Public for said State and County,
certify that
personally came before me this day and
acknowledged that he is the
of
PACE
ANALYTICAL
SERVICES, INC., a Minnesota corporation, and that the foregoing instrument was signed in
its name as the act of the corporation.
WITNESS my hand and official stamp or seal, this
day of
, 2014.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
EXHIBIT A
LEASED PREMISES
EXHIBIT B
REQUIRED SERVICES AND PREFERRED PRICING
Parameter
% Total Solids
3030C Lead
3030C Metals (6 metals)
Aluminum
Antimony
Arsenic
Barium
Beryllium
BOD, 5-day
Boron
BTU
Cadmium
Calcium
CBOD
Chlorides
Chromium
Chronic Toxicity
Cobalt
Conductivity
Copper
Cyanide
D.O.
Daily field services
Fecal Coliform (Filter)
Fecal Density (MPN)
Field Services/hour
Full TCLP
Iron
Lead
Magnesium
Manganese
MEK
Mercury
Mercury (LL)
Molybdenum
NH3-N
Nickel
Nitrate Nitrogen
N02+N03
Oil & Grease
Total
1
12
12
1
1
32
1
33
70
1
1
77
1
514
12
77
4
1
425
79
56
425
249
437
5
8
1
1
75
1
1
2
29
4
1
370
83
12
9
2
Cost/test
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
6.00
7.00
42.00
8.00
8.00
8.00
8.00
8.00
18.00
8.00
70.00
8.00
8.00
18.00
10.00
8.00
700.00
8.00
4.50
8.00
28.00
7.50
15.00
18.00
40.00
50.00
836.00
8.00
8.00
8.00
8.00
35.00
20.00
180.00
8.00
10.00
8.00
10.00
20.00
35.00
Total Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
6.00
84.00
504.00
8.00
8.00
256.00
8.00
264.00
1,260.00
8.00
70.00
616.00
8.00
9,252.00
120.00
616.00
2,800.00
8.00
1,912.50
632.00
1,568.00
3,187.50
3,735.00
7,866.00
200.00
400.00
836.00
8.00
600.00
8.00
8.00
70.00
580.00
720.00
8.00
3,700.00
664.00
120.00
180.00
70.00
EXHIBIT B
REQUIRED SERVICES AND PREFERRED PRICING (continued)
Parameter
pH
Pollutant scan
Potassium
Selenium
Silica
Silver
Sodium
Temp
Thallium
Tin
Titanium
TKN
TOC
Toluene
Total Cl2 (on NPDES)
Total Dissolved Solids
Total Nitrogen
Total Phosphorus
TSS
Vanadium
VOES
Zinc
Total
262
1
1
1
1
57
1
425
1
11
1
5
12
2
249
12
45
49
566
1
12
87
Cost/test
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL
3.00
718.00
8.00
8.00
1.00
8.00
8.00
7.50
1.00
8.00
1.00
10.00
20.00
35.00
15.00
8.00
0.00
12.00
8.00
8.00
100.00
8.00
Total Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
786.00
718.00
8.00
8.00
1.00
456.00
8.00
3,187.50
1.00
88.00
1.00
50.00
240.00
70.00
3,735.00
96.00
0.00
588.00
4,528.00
8.00
1,200.00
696.00
$
59,442.50
EXHIBIT C
STANDARD TERMS AND CONDITIONS OF PACE ANALYTICAL SERVICES, INC.
Pace Analytical Services, Inc. (PASI)
Terms and Conditions
1.
Controlling Provisions - These Standard Terms and Conditions are an integral part of the
Agreement between Pace Analytical Services, Inc. ("PASI") and CLIENT ("Client"), and supersede
any other (document provisions not consistent herewith. Further, the Agreement, including
these terms, constitutes the entire agreement between PASI and Client relating to the project
and any written or oral representations, assurances, commitments, premises, or agreements by
PASI not contained herein are void.
2.
PASI General Responsibilities - Performance by PASI shall meet current reasonable scientific
and engineering standards in effect in the industry at the time the service is performed. Tests
and observations will be conducted using test procedures and laboratory protocols as
specified in accepted task orders, Scope of Work, proposals prepared by PASI or written
instructions to PASI from Client. If Client directs a mariner of performing analyses that varies
from PASIs’ standard or recommended methods and procedures, Client agrees to hold PASI
harmless from all claims, damages, and expenses arising out of Client's direction.
3.
Reports and Records - PASI will provide copies of each report to Client as specified in the task
order or PASI proposal. PASI will retain final reports in a retrievable manner for five years from
the date of issuance, and will retain back up data for those reports at a minimum of one year
and a maximum of three years. PASI agrees to provide reports for Client's use only for
purposes disclosed to PASI at the time of contracting. If Client does not pay for PASI's services
as agreed, Client agrees that PASI may retain all reports and work not yet delivered to Client
and request the return of the original reports issued. Methodology, discoveries, procedures,
and equipment developed by PASI during or tor the project shall remain the sole property of
PASI.
4.
Delivery and Acceptance of Samples - Client will notify PASI of upcoming work at least ten
working days prior to delivery of the samples. PASI can accept or refuse the work within two
days thereafter. Client is responsible for loss of or damage to samples until PASI accepts
delivery of samples by notation on chain of custody documents. PASI reserves the right to
transfer samples within our laboratory system, after prior notification to Client. Such transfers
will be made only to PASI laboratories, which meet certification and/or approval requirements
defined by Client. In the event Client chooses to restrict the transfer of samples between PASI
laboratories, PASI will not be responsible for the payment of penalties, fines, resampling, or
reanalysis charges. PASI reserves the right to charge for sample containers that are provided
yet unused by the Client or received by PASI and unanalyzed at the request of the Client.
5.
Samples and Disposal - PASI will dispose of all non-hazardous samples. It is the responsibility
of the Client to inform PASI should it be desired non-hazardous waste samples or extracts be
saved beyond 30 days after the issuance of the final report or if alternative or special disposal
methods are desired. PASI reserves the right to charge for storage of any sample(s) or extract(s)
stored beyond 30 days after the date of the final report or for any disposal costs incurred. PASI
reserves the right to return highly hazardous, acutely toxic, or radioactive samples and sample
containers and residues to Client. In. addition, samples containing analytes for which there is
no approved method of disposal may also be returned to Client. Client agrees to
accept them.
6.
Non-Assignment - Neither party may assign or transfer any rights or obligations existing under
the Agreement without prior written consent of the other party; provided, however, that PASI
may distribute the project within its system of laboratories or may subcontract such part or
parts of the project as PASI may deem appropriate.
7.
Time of Completion - Force Majeure - PASI shall use its best efforts to accomplish the project
within any specified time limitations. PASI shall not be responsible for any non-performance or
delay in the work to be performed caused by Client, Client's employee, agents or contractors,
or caused by factors beyond PASI's control such as governmental authorities, unanticipated
physical conditions not now known, labor disputes, or acts of God.
8.
Successors and Assigns – The Terms shall be binding upon, and inure to the benefit of the
successors and assignee of Client and PASI.
9.
Compensation – The pricing offered to Client by PASI is predicated upon Client’s acceptance of
this Agreement. In most cases, the pricing includes all samples containers and preservatives as
prescribed by the analytical method requested for each determination. Credit worthiness will
be determined based upon an assessment of Client’s payment history, credit reports, financial
stability, or other factors. If credit is not granted, Client must pay PASI in advance prior to
initiation of the project. In the event PASI is serving as a subcontractor for Client, PASI will be
informed, upon request, of the identity of the ultimate client and may make inquiries of the
ultimate client prior to granting credit.
Client agrees to pay for services as stated in the PASI proposal or price quote as accepted by
the Client. Invoices are due 30 days from the date of the invoice. Within 15 days from receipt of
invoice, Client will notify PASI in writing of any particular item that is alleged to be incorrect.
Uncontested portions of the invoices will be due within 30 days from initial invoice date.
Interest will be charged on unpaid balances at the rate of 1.5% per month, but not to exceed
the maximum rate allowed by law, beginning 30 days after receipt of invoice. PASI may choose
to invoice a third party if requested by Client, however, Client agrees to be ultimately
responsible for payment until PASI is provided with that third party’s written acceptance of all
terms of the Agreement and until PASI agrees to a substitution.
In the event that payment is not made within 60 days following the invoice date, PASI will
consider the default a total breach of the Agreement and may terminate all duties without
liability to Client or to others. In the event that PASI must take action to collect payment, Client
shall pay all costs of collection, including attorney's fees. Any significant changes to the scope
of work subsequent to the submittal of a price quotation, or the delivery of samples to the
laboratory are subject to a renegotiation of prices or terms relating to the original scope of
work. Such changes include, but are not limited to: QA/QC requirements and procedures,
detection limits, samples received and stored, but not analyzed, decrease in quantity of
samples delivered compared to quantity quoted, reporting, and other deliverable format
requirements. PASI shall not be required to comply with such changes unless requested in
writing and agreed upon by PASI in writing.
10.
Risk Allocation, Disputes, and Damages - PASl's aggregate liability for negligent acts
and omissions and of a non-intentional breach by PASI will not exceed the fee paid
for the services. Client agrees to indemnify PASI from all liabilities to others in excess
of that amount. This limitation does not apply to losses arising from gross negligence
or intentional breaches of contract by PASI. Neither PASI nor Client will be liable to the
other for special, incidental, consequential, or punitive losses or damages, including
but not limited to those arising from delay, loss of use, loss of profit or revenue, or
the cost of capital. PASI will not be liable to Client unless Client has notified PASI of the
discovery of the claimed negligent act, error, omission or breach within 30 days of the
date of its discovery, and within two years of the date of injury or loss, and unless PASI is
given an opportunity to investigate and to recommend ways of mitigating Client's
damages. If it is claimed by a third party that PASI did not complete an acceptable analysis,
Client will seek further review and acceptance of the completed work by the third party
and use their best efforts to obtain that acceptance. Subject to an overall limitation of
liability provided for in this Agreement, if PASI has failed to meet an established holding
time through negligence or non-intentional breach, PASI will be responsible for the
actual costs of resampling and reanalysis, but not exceeding the value of the individual
task order or proposal.
11.
Client Responsibility - Client shall:
(a) Provide PASI full and complete information regarding all factors known to Client, or which
Client has access to, which could have any affect on the ability of PASI to perform its
obligations, and notify PASI should Client acquire information of this type during
performance of the project.
(b) Provide to PASI personnel and/or subcontractors access to any site where PASI is to
perform work, and access to all personnel of Client who are in any way involved in the
project, including (but not limited to) any authority or permission which must be obtained
by any third party.
(c) Notify PASI of any delay regarding the start-up, progress, or completion of the project
caused by Client, or caused by others and known to Client, not less than two (2) weeks
before such delay. In the event that Client fails to give the notice required by the
Paragraph, Client agrees to pay PASI for labor and material, and for lost profits due to PASI
being unable to work elsewhere during the period of delay.
12.
Indemnities - PASI will indemnify and hold Client harmless from and against demands,
damages, and expenses caused by negligent acts and omissions and breaches of contract by
PASI and by the negligent acts and omissions and breach of contract of persons for whom PASI
is legally responsible. Client will likewise indemnify and hold PACE harmless.
13.
Insurance - PACE carries liability insurance with limits as follows: General Liability - $2,000,000
general aggregate, each occurrence - $1,000,000; Personal and Advertising Injury - $1,000,000;
Automobile Liability - $1,000,000; Excess Liability Umbrella - $5,000,000 aggregate, $5,000,000
each occurrence; Worker's Compensation Insurance - with statutory limits; Professional Liability
$5,000,000 aggregate, $5,000,000 per claim. PACE will, at Client's request, submit certificates of
insurance from insurers showing limits of coverage.
14.
Change Orders - PASI shall not be required to comply with any requested changes in the
project unless agreed to by PASI in writing. Any changes may increase the amount due PASI.
15.
Confidentiality – Each party agrees that if during the performance of the project it becomes
aware of trade secrets, confidential, or proprietary information of the other, it will not disclose
except to its employees or contractors and then only as necessary to complete the project.
16.
Liability Limited - Client is aware that the project may involve inherent risks, both patent and
latent, and that PASI cannot guarantee satisfactory results or indemnify Client from any
damages, direct or indirect, resulting from the project. Should it be determined by a Court of
competent jurisdiction that PASI did not meet current reasonable scientific regulatory and
engineering standards in effect in the industry at the time the service is performed, and if Client
suffers damages directly as a result thereof, PASI liability is limited to the amount of the project
cost. PASI shall not be responsible for consequential of indirect damages in any amount. If
Client desires any alteration of the limitation of PASI liability provided for in the Paragraph, it
shall so advise PASI in writing prior to commencement by PASI of work on the project and
agree to pay for the cost of any additional insurance PASI may agree to purchase to cover such
liability. PASI shall not be required to undertake the project if it cannot, in PASI’s opinion,
adequately cover its exposure by insurance. Client will advise its agents, contractors, and
subcontractors involved in the project, if any, of the liability limitation.
17.
Miscellaneous Provisions – PASI requests written acceptance of these terms and conditions,
however, the arrival of samples at a PASI laboratory will be considered an intent to do business
and constitute agreement to these Terms and Conditions. This Agreement constitutes the
summary of terms and conditions between Client and PASI. In no event will the printed terms
and conditions stated in a purchase order, other than agreed upon task order, be considered
part of this Agreement. These terms shall be governed by the laws of the State of Minnesota.
I have read and understand these terms and conditions:
Signed:
Date:
Metropolitan Sewerage District of Buncombe County
BOARD INFORMATIONAL ITEM
Meeting Date:
October 15, 2014
Submitted By:
Thomas E. Hartye, PE., General Manager
Prepared By:
W. Scott Powell, CLGFO, Director of Finance
Cheryl Rice, Accounting Manager
Subject:
Cash Commitment/Investment Report-Month Ended August 31, 2014
Background
Each month, staff presents to the Board an investment report for all monies in bank accounts and specific
investment instruments. The total investments as of August 31, 2014 were $51,040,305. The detailed listing
of accounts is available upon request. The average rate of return for all investments is 0.494%. These
investments comply with North Carolina General Statutes, Board written investment policies, and the
District’s Bond Order.
The attached investment report represents cash and cash equivalents as of August 31, 2014 do not reflect
contractual commitments or encumbrances against said funds. Shown below are the total investments as
of August 31, 2014 reduced by contractual commitments, bond funds, and District reserve funds. The
balance available for future capital outlay is $1,981,441.
Total Cash & Investments as of 08/31/2014
Less:
Budgeted Commitments (Required to pay remaining
FY14 budgeted expenditures from unrestricted cash)
Construction Funds
Operations & Maintenance Fund
51,040,305
(20,852,227)
(13,264,281)
(34,116,508)
Bond Restricted Funds
Bond Service (Funds held by trustee):
Funds in Principal & Interest Accounts
Remaining Principal & Interest Due
(5,821)
(10,094,079)
(10,099,900)
District Reserve Funds
Fleet Replacement
WWTP Replacement
Maintenance Reserve
(401,233)
(464,896)
(913,197)
(1,779,326)
District Insurance Funds
General Liability
Worker's Compensation
Post-Retirement Benefit
Self-Funded Employee Medical
(173,028)
(194,890)
(1,257,666)
(1,437,546)
(3,063,130)
1,981,441
Designated for Capital Outlay
Staff Recommendation
None. Information Only.
Action Taken
Motion by:
Second by:
Other:
Follow-up required:
Person responsible:
to
Approve
Table
Disapprove
Send to Committee
Deadline:
$
$
375,146
375,146
U.S. Government Treasuries,
Agencies and Instrumentalities
Bankers’ Acceptances
Certificates of Deposit
Commercial Paper
North Carolina Capital Management Trust
Checking Accounts:
Operating Checking Accounts
Gov't Advantage Money Market
$
- $
-
$
$
100%
20%
100%
20%
100%
100%
Maximum Percent
46,660
46,660
Money Market
Investment Policy Asset Allocation
Held by MSD
Held with Bond Trustee
Gov't Advantage
Operating
Checking Accounts
$
0.73%
0.09%
17.63%
0.00%
21.03%
19.58%
40.93%
Actual Percent
-
$
10,735,495 $
10,735,495
Deposit
Certificate of
-
9,993,775
9,993,775
Paper
Commercial
$
$
Cash
Reserve
$
- $
-
-
$
8,999,550 $
8,999,550
& Treasuries
Gov't Agencies
5,821
51,040,305
51,034,484
Total
6 month T-Bill and NCCMT Cash Portfolio.
All funds invested in CD's, operating checking accounts, Gov't Advantage money market
are fully collaterlized with the State Treasurer.
The District 's YTM of .49% is exceeding the YTM benchmarks of the
No significant changes in the investment portfolio as to makeup or total amount.
20,889,679 $
20,883,858
5,821
(Money Market)
NCCMT
Metropolitan Sewerage District of Buncombe County
Investment Portfolio
Board Meeting:
Subject:
Page -2October 15, 2014
Cash Commitment/Investment Report-Month Ended August 31, 2014
Board Meeting:
Subject:
Page -3-
October 15, 2014
Cash Commitment/Investment Report-Month Ended August 31, 2014
METROPOLITAN SEWERAGE DISTRICT
INVESTMENT MANAGERS' REPORT
At August 31, 2014
Summary of Asset Transactions
Original
Cost
Beginning Balance
$
Capital Contributed (Withdrawn)
Realized Income
Market
45,821,581 $
$
45,821,581 $
2,604,350
2,604,350
913
913
-
-
Unrealized/Accrued Income
Ending Balance
Interest
Receivable
48,426,844 $
48,426,844 $
Value and Income by Maturity
Original Cost
Cash Equivalents <91 Days
$
Securities/CD's 91 to 365 Days
Securities/CD's > 1 Year
$
9,352
16,731,799 $
6,336
6,999,600 $
2,651
48,426,844 $
18,339
Month End Portfolio Information
Weighted Average Maturity
Income
24,695,445 $
255
Yield to Maturity
0.49%
6 Month T-Bill Secondary Market
0.05%
NCCMT Cash Portfolio
0.01%
412,507
(14)
17,440
429,933
Board Meeting:
Subject:
Page -4-
October 15, 2014
Cash Commitment/Investment Report-Month Ended August 31, 2014
METROPOLITAN SEWERAGE DISTRICT
ANALYSIS OF CASH RECEIPTS
As of August 31, 2014
Monthly Cash Receipts Analysis:
 Monthly domestic sewer revenue is considered reasonable based on timing of cash receipts in their
respective fiscal periods.
 Monthly industrial sewer revenue is reasonable based on historical trends.
 Due to the unpredictable nature of facility and tap fee revenue, staff considers facility and tap fee revenue
reasonable.
YTD Actual Revenue Analysis:
 YTD domestic sewer revenue is considered reasonable based on historical trends.
 YTD industrial sewer revenue is reasonable based on historical trends.
 Due to the unpredictable nature of facility and tap fee revenue, staff considers facility and tap fee revenue
reasonable.
Board Meeting:
Subject:
Page -5-
October 15, 2014
Cash Commitment/Investment Report-Month Ended August 31, 2014
METROPOLITAN SEWERAGE DISTRICT
ANALYSIS OF EXPENDITURES
As of August 31, 2014
Monthly Expenditure Analysis:
 Monthly O&M expenditures are considered reasonable based on historical trends and timing of
expenditures in the current year.
 Due to the nature of the variable rate bond market, monthly expenditures can vary year to year. Based on
current variable interest rates, monthly debt service expenditures are considered reasonable.
 Due to nature and timing of capital projects, monthly expenditures can vary from year to year. Based on
the current outstanding capital projects, monthly capital project expenditures are considered reasonable.
YTD Expenditure Analysis:
 YTD O&M expenditures are considered reasonable based on historical trends.
 Due to the nature of the variable rate bond market, YTD expenditures can vary year to year. Based on
current variable interest rates, YTD debt service expenditures are considered reasonable.
 Due to nature and timing of capital projects, YTD expenditures can vary from year to year. Based on the
current outstanding capital projects, YTD capital project expenditures are considered reasonable.
Board Meeting:
Subject:
Page -6-
October 15, 2014
Cash Commitment/Investment Report-Month Ended August 31, 2014
METROPOLITAN SEWERAGE DISTRICT
VARIABLE DEBT SERVICE REPORT
As of September 30, 2014
Series 2008A:
 Savings to date on the Series 2008A Synthetic Fixed Rate Bonds is $3,559,497 as compared to 4/1 fixed
rate of 4.85%.
 Assuming that the rate on the Series 2008A Bonds continues at the current all-in rate of 3.9475%, MSD will
achieve cash savings of $4,730,000 over the life of the bonds.
 MSD would pay $4,589,000 to terminate the existing Bank of America Swap Agreement.
STATUS REPORTS
MSD SYSTEM SERVICES IN-HOUSE CONSTRUCTION
FY 14-15 PIPELINE REHABILITATION PROJECTS
ESTIMATED
FOOTAGE
ESTIMATED
PROJECT DATES
WO#
Westwood Road Phase 2
400
6/25/14 - 7/4/14
215883
667
7/3/2014
400
complete
Penelope Street
400
7/14/14 - 8/15/14
470602
667
7/24/2014
415
complete
Shiloh Road (P/N 2012137)
350
7/15/14 - 7/31/14
456294
631
8/1/2014
354
complete
995 West Chapel Rd (P/N 2014131)
100
8/1/14 - 8/15/14
211782
631
8/7/2014
60
complete
Emory Road* (P/N 2009137)
300
7/25/14 - 8/15/14
456301
667
8/11/2014
290
complete
Haywood Street Pump Station and Force Main
225
8/18/14 - 9/5/14
216297
631
8/22/2014
305
complete
Springside Drive
522
8/16/14 - 9/10-14
205995
667
9/15/2014
631
complete
Woodbury Rd (91 Carter Cove)
239
9/11/14 - 9/29/14
470613
667
9/29/2014
220
Hickory Court*
1633
9//8/14 - 10/17/14
448319
631
Construction is 90% complete
Terre Drive / Dunwood Road
308
9/30/14 - 10/31/14
410100
667
Construction started 9/30/14
N. Anne St.
550
10/23/14 - 11/23/14
44181
631
ready for construction
190 Tunnel Rd Sewer Replacement
255
11/3/14 - 11/5/14
218034
667
Biltmore Forest County Club Sewer Replacements
2000
11/3/14 - 12/15/14
218277
667
ready for construction, connected to a DOT project.
In Design, overall Golf Course to be upgraded in Fall of 2014, replacing
old sewer as part of overall project.
165 Old County Home Road
1,100
10/18/14 - 12/1/14
433522
631
ready for construction
Sareva Place
957
TBA
410095
TBA
ready for construction
Rumbough Place
710
TBA
433539
TBA
ready for construction
Campus Drive
335
TBA
470606
TBA
ready for construction, Project 2010097
Robindale Ave
520
TBA
433537
TBA
ready for construction
18 Crestland Road
Deanwood Circle
270
1292
TBA
TBA
448974
400925
TBA
TBA
ready for construction
ready for construction - Project Number 2012030, CIP Transmittal 204
Starnes Avenue at Broadway Street
400
TBA
400927
TBA
ready for construction
350 Old Haw Creek Road
1333
TBA
400923
TBA
ready for construction
155 New Haw Creek Road
TBA
TBA
456318
TBA
ready for construction
PROJECT NAME
ACTUAL
CREW COMPLETION DATE FOOTAGE
Notes
complete
Carjen Avenue
825
TBA
410096
TBA
ready for construction
East Grovestone Quarry
780
TBA
457386
TBA
ready for construction
Hunt Hill Place
786
TBA
400922
TBA
ready for construction
E Skyview Circle PSR
400
TBA
217301
TBA
In ROW
6 Hilderbrand Street
TBA
TBA
TBA
TBA
Preliminary Design
Upper Chestnut Ridge at lookout Road
800
TBA
470607
TBA
In Design
McCoy Cove Road Phase 2
TBA
TBA
433535
TBA
Preliminary Design - P/N 2012012
Montford Park
410
TBA
TEMP 137
TBA
Preliminary Design - CIP Transmittal 137
Old Farm School Road
TBA
TBA
456319
TBA
Preliminary Design - CIP Transmittal 231
11 Old West Chapel
TBA
TBA
TBA
TBA
Preliminary Design - CIP Transmittal 215
184 West Chesnut
320
TBA
433541
TBA
Preliminary Design - Transmittal 196
Winnfred Street
420
TBA
400928
TBA
Preliminary Design, Transmittal 218
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CAPITAL IMPROVEMENT PROGRAM
PROJECT
STATUS REPORT SUMMARY
CONTRACTOR
October 8, 2014
AWARD
NOTICE TO
ESTIMATED
*CONTRACT
*COMPLETION
DATE
PROCEED
COMPLETION
AMOUNT
STATUS (WORK)
COMMENTS
DATE
BROADVIEW AVENUE
Buckeye Bridge
7/16/2014
9/8/2014
3/7/2015
$1,111,015.90
0%
Work began last week on Raleigh Road.
CROCKETT AVENUE PRP
Terry Brothers
8/20/2014
TBD
TBD
$676,842.00
0%
No work has begun yet.
EAST STATE STREET @ WEST STREET
Davis Grading,
Inc.
6/11/2014
7/14/2014
10/12/2014
$403,640.00
98%
All mainline pipe and service line installation is complete.
FAIRFAX AVENUE PRP
Terry Brothers
8/20/2014
TBD
TBD
$558,802.00
0%
No work has begun yet. Contractor expects to begin in the next couple of
weeks.
MACON AVENUE @ SUNSET PARKWAY
Terry Brothers
1/15/2014
3/1/2014
10/15/2014
$757,688.00
98%
Paving is nearing completion. Then project is ready to punch out.
MERRIMON AVENUE @ STRATFORD ROAD
Terry Brothers
9/18/2013
12/16/2013
11/31/2014
$885,849.00
80%
Hand mining operations @ Elkwood Bore continues. 22 feet of the bore under
Elkwood Ave. has been corrected.
MOUNT VERNON PLACE, PHASE 2
Terry Brothers
6/11/2014
7/14/2014
11/11/2014
$542,675.00
50%
Project is going well. Open dig portion of mainline complete. Trenchless
portion in redesign due to proximity to very high pressure water main.
OLD HAYWOOD ROAD @ STARNES COVE RD
Terry Brothers
TBD
TBD
TBD
TBD
0%
Project was bid on September 25th. Terry Brothers is the apparent low bidder.
Project will be presented at the October Board meeting.
ROBINWOOD AVENUE
Davis Grading,
Inc.
9/17/2014
TBD
TBD
TBD
0%
Project was awarded to Davis Grading at the September Board meeting.
90%
29 of the proposed 31 gates are complete, tested, and in operation. The
remaining two are being re-manufactured to accommodate site conditions
which could not have been anticipated. Additional Gates in Basin One have
been added to the Contractors scope. Proposal has been accepted. Remaining
gates are expected to be delivered the end of October or first of November.
WRF - SLIDE GATE REPLACEMENT
NHM
Constructors
9/18/2013
10/7/2013
12/15/2014
$288,924.00
*Updated to reflect approved Change Orders and Time Extensions
Planning & Development Project Status Report
October 15, 2014
Project Name
Black Mtn. Annex- Blue Ridge Rd.
Black Mtn. Annex- McCoy Cove
Black Mtn. Annex- Avena Rd.
Momentum Health Adventure
North Point Baptist Church
AVL Technologies
UNC-A New Residence Hall
Cottonwood Townhomes
Goldmont St
Ramble at Parkway
Carolina Truck and Body (Cooper)
Sardis Road (COA) Annexation
Ardmion Park
Central Ave
Westover Relocation
Brookgreen Phase 1D-Kenai Dr.
Echo Hills Cottages
Village at Bradley Branch - Ph. III
Waynesville Ave (Pittman)
Ramble Block "D"
Reems Creek Cottages
Hyde Park
Eagle's Landing
Project
Number
1992171
1992174
1999026
2008097
2008105
2010018
2011047
2009110
2012087
2013100
2012075
2009037
2011107
2012065
2013132
2013076
2013121
2008076
2013046
2013074
2013066
2013058
2010015
Work
Location
Black Mtn.
Black Mtn.
Black Mtn.
Asheville
Weaverville
Woodfin
Asheville
Black Mtn.
Black Mtn.
Biltmore Forest
Asheville
Asheville
Asheville
Asheville
Asheville
Woodfin
Asheville
Asheville
Asheville
Biltmore Forest
Weaverville
Arden
Asheville
Units
LF
24
24
24
Comm.
Comm.
Comm.
304
8
6
TBD
Comm.
N/A
5
6
1
3
11
44
15
36
17
65
25
2,560
2,067
4,300
184
723
133
404
580
91
335
298
6,981
208
305
87
370
532
783
332
4,783
483
3,062
472
Pre-Construction
Conference Date
8/19/2010
8/19/2010
8/19/2010
8/19/2009
5/20/2009
5/21/2010
8/29/2011
10/20/2009
1/11/2013
7/26/2013
10/30/2012
4/2/2012
4/16/2013
9/26/2013
11/20/2013
3/14/2014
4/30/2014
8/8/2008
5/23/2013
12/11/2013
11/15/2013
12/3/2013
10/22/2013
Page 1 of 2
Comments
Complete- waiting on conveyance
Complete- waiting on conveyance
Complete- waiting on conveyance
New ownership - project currently inactive
Complete - Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on revised ROW items
Complete-Waiting on final documents
Complete - Waiting on final documents
Complete - Waiting on final documents
Complete - Waiting on final documents
Complete - Waiting on final documents
Complete - Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Complete-Waiting on final documents
Planning & Development Project Status Report
October 15, 2014
Project Name
Ingles
Bartram's Walk
Morgan Property
Canoe Landing
Central Valley
Publix
Avalon
Thoms Estate 3B & 4
Carmel Ridge Apartments
Palisades Apartments
Crest Mountain Phase 3B
Ingles - Smokey Park Highway
The Aventine
New Belgium Relocation
Ansley at Roberts Lake
STF Precision
Hunt Hill Apartments
Rosebriar
Ventana
Upper Kentucky Improvements
Isaac Dickson School Relocation
A.B. Tech Fernihurst Relocation
Locust Springs
Telco - Weaverville
Haywood Village
Quail Hollow Ph. 2
Cottages at Glen Oak
Boulden Subdivision
Busbee Mountain
Asheville Middle School
Laurel Lane
Project
Number
2007214
2007065
2008007
2007137
2006166
2013134
2013114
2013052
2013018
2013024
2013041
2013135
2011015
2013143
2013126
2013084
2013111
2007005
2014085
2013085
2013033
2014061
2012107
2014046
2014064
2013062
2013142
2013022
2007181
2013125
2012121
Work
Location
LF
Pre-Construction
Conference Date
Black Mtn.
Comm.
Asheville
100
Candler
10
Woodfin
4
Black Mtn
12
Asheville
Comm.
Asheville
192
Asheville
35
Leicester
80
Asheville
224
Woodfin
69
Asheville
Comm.
Biltmore Forest
300
Asheville
Comm.
Buncombe Co.
296
Buncombe Co. Comm.
Asheville
180
Black Mountain
180
Woodfin
100
Montreat
N/A
Asheville
School
Asheville
School
Black Mountain
18
Weaverville
Comm.
Asheville
Mixed
Arden
15
Avery Creek
45
Asheville
3
Asheville
9
Asheville
School
Black Mountain
3
594
10,077
1,721
303
472
612
1,343
4,690
1,162
1,423
1,329
1,289
3,238
380
2,534
199
1,729
1,729
5,430
284
504
697
621
110
276
1,302
1,569
295
580
214
107
3/4/2008
7/28/2008
8/11/2008
5/12/2008
8/8/2007
10/5/2014
6/2/2014
7/26/2013
10/11/2013
9/4/2013
10/15/2013
4/11/2014
10/14/2013
8/12/2014
6/2/2014
5/29/2014
3/5/2014
3/5/2014
8/12/2014
12/3/2013
1/13/2014
4/8/2014
3/14/2014
5/12/2014
6/19/2014
6/11/2014
4/9/2014
9/16/2014
9/29/2014
9/30/2014
8/12/2014
TOTAL
67,959
Units
2,421
Page 2 of 2
Comments
Ready for final inspection
Punch list pending - in bankruptcy
Pre-con held, ready for construction
Ready for construction
Punch list pending
Pre-con held, ready for construction
Pre-con held, ready for construction
Installing/Testing (75% Complete)
Ready for final inspection
Ready for testing
Under Construction
Under Construction
Under constr./some air testing complete
Pre-con held, ready for construction
Under Construction
Under Construction
Testing
Pre-con held, ready for construction
Pre-con held, ready for construction
Ready for final inspection
Under Construction - on hold
Under Construction - on hold
Testing
Ready for final inspection
Under Construction
Under Construction
Pre-con held, ready for construction
Pre-con held, ready for construction
Pre-con held, ready for construction
Pre-con held, ready for construction
Pre-con held, ready for construction
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