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2019-10-08 - Agendas - FinalCITY OF FAYETTEVILLE ARKANSAS MEETING AGENDA Water, Sewer, and Solid Waste Committee October 8, 2019 5:30 P.M. (Or immediately following Equipment Committee Session) City Hall - Room 326 Committee: Chairman Mark Kinion; Council Member Sonia Gutierrez, Council Member Sloan Scroggin, Council Member Teresa Turk Copy to: Mayor Lioneld Jordan, Don Marr, Paul Becker, Sondra Smith, Susan Norton, Chris Brown, Alan Pugh, Terry Gulley, Peter Nierengarten, Jeff Coles, Brian Pugh, Mark Rogers, Corey Granderson, Aaron Watkins, Greg Weeks, Mayo Miller, Tim Luther From: Tim Nyander, Utilities Director CALL TO ORDER ROLL CALL OLD BUSINESS: 1. Nutrient Trading Update NEW BUSINESS: 2. Noland WRRF Anoxic Mixers #2 and #6 Gearbox/Motor Rebuilds ($37,000) Recently there have been failures on two more anoxic mixer gearboxes. These have been sent out for a Hidden -Damages inspection and findings are anticipated in the coming weeks. Based on previous rebuild costs we anticipate repairs to be less than $18,500 per unit. Repair of both anoxic gearbox -motors should have a NTE cost of $37,000. We have also investigated the condition of the anoxic mixer shafts and impellors to make sure we're addressing the root cause of the anoxic mixer gearbox failures. These rebuilt Anoxic Mixer Units #2 & #6 will need their shaft-impellor assemblies either replaced or repaired before they can go back into service. We anticipate using the Hidden -Damages repair rule (Ark. Code Ann. § 19-11-203(14)(DD) for the rebuilds and take sealed bids for the shafts/impellors. We will complete cost -benefit analysis before a final decision before the Nov 12th Agenda Session, followed by the Nov 19th Council Meeting. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3. Lift Station #5 (Mud Creek) Repairs ($20,000) Recently a pump was pulled at Lift -station #5 due to poor performance. Maintenance found a broken impellor shaft. The pump has been sent out for a Hidden -Damages inspection and the repair proposal is $19,874 before taxes and shipping. Total cost is anticipated at approximately $22,000. We anticipate the Hidden -Damages rule (Ark. Code Ann. § 19-11- 203(14)(DD) will apply. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 4. Lift Station #52 (Broyles Ave) ($17.011.25) Recently one of Lift -station #52's two pumps experienced an electrical failure from a motor Short. The pump was sent out to Jack Tyler Engineering for a Hidden -Damages inspection and the repair proposal recently came back at $15,500 (before taxes) — anticipated $17,011.25 after taxes. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 5. Biological Assessment of the West Fork of the White River above the Pump Station Dam The Pump Station Dam, located off Pump Station Road in south Fayetteville, was constructed prior to 1900 on the West Fork of the White River (WFWR). The dam served as a source of drinking water until 1959.The continued presence of the dam results in many unnecessary and undesirable impacts that affect water quality, river ecology, flooding and public safety. If the pump station dam is removed, it is important to address any deposition through restoration to prevent channel instability. It is important to coordinate and conduct preliminary sediment sampling to avoid the ecological impact of releasing heavy metals and contaminants potentially stored in upstream sediment during proposed dam removal and stream restoration. For this reason, the Department is coordinating a sampling protocol as well as a biological assessment in the area of the dam. FOR INFORMATION ONLY 6. Solar Maintenance and Interconnection Agreements On November 20, 2018 City Council approved a Trilateral Agreement with Ozarks Electric and Today's Power, Inc. that provided for the development, construction and operation of 10 MW of Solar Power Generation and associated 24 MWh of energy storage at the two Fayetteville Wastewater Treatment Facilities. The two projects, consisting of 5 MW of ground mounted solar photovoltaic panels and 12 MWh of battery storage at each wastewater treatment facility, broke ground on March 4, 2019. Staff recommends approval of a solar maintenance and interconnection agreement for the interconnection, maintenance and operation of electrical infrastructure of the system. The Maintenance Agreement details the preventative maintenance, repair, and replacement work that Ozarks Electric will provide for overhead and underground electric distribution facilities behind the meter (owned by the City of Fayetteville) that connect to the solar and battery storage at the two Wastewater Treatment Plants. The cost for this maintenance is $20,116 per year. The interconnection agreement allows the City and Today's Power, Inc to generate (and store electricity) with the solar array and battery storage and feed it onto the Ozarks Electric grid according to the Arkansas Net Metering rules. There is no cost for this agreement. The agreements are necessary to satisfy the Public Service Commission requirements for interconnection of the Solar Array and Battery Storage and to ensure that the solar facility generation is not interrupted by a distribution system failure. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 7. Arts Corridor Utilities Relocation — Design Phase ($122,322) Nelson Byrd Woltz Landscape Architects will be providing professional landscape architecture services for the completion of Phase 3 and 4 of the Fay Jones Woods, Streetscapes and Razorback Greenway Design portions of the Cultural Arts Corridor. Phase 3 will cover the construction documentation, bidding and negotiation for the design elements of this portion of the project. Phase 4 will cover the construction administration for these elements. The Utility's participation will be the relocation and/or upsizing of water & sewer lines in the immediate area. The design cost for these water & sewer improvements is $122,322. FOR INFORMATION ONLY 8. West Fork Cost Share West Fork owns and operates its own Wastewater Treatment Facility, which needs improvement, enlargement and modernization. Rather than investing a very large sum of money to sufficiently improve the treatment plant, West Fork wishes to discontinue treating their wastewater and pay the City of Fayetteville to accept, treat and discharge sewage collected by West Fork. To accomplish this, West Fork will construct a lift station and sewer main from their city to a point of connection in the City of Fayetteville. The City of Fayetteville's desires to upsize approximately 3,100 feet of the gravity sewer line within the city limits from 15 -inch to 24 -inch. On Thursday, September 5, 2019 the City of West Fork opened bids on the above referenced project. Boyles Construction, Inc. of Paron, AR is the low bidder with a total bid in the amount of $6,127,423.20. Of this total, the City of West Fork will be responsible for $5,870,633.60, and the City of Fayetteville will be responsible for the remaining $256,789.60. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 9. Capital Projects Update Discussion of current capital projects in the design state or underway. PRESENTATIONS Discussion of August's Monthly WWTP Report ATTACHMENTS Mud Creek Lift Station Pump Repair Quote Broyles Lift Station Pump Repair Quote Solar Maintenance Agreement Solar Interconnection Agreement West Fork Project CIP Status WWTP August 2019 Monthly Report ADJOURN Next Water, Sewer, Solid Waste Committee meets on Tuesday, November 1211, 2019, 5:30 p.m., Room 326. 4 CH2M Hill Engineers, Inc 1400 North Fox Hunter Road Fayetteville, AR 72701 Phone: 479-443-3292 Fax: 479-443-5613 Attention: Brian Daniels Subject: KSB Pump Repair Quotation #: 0717802983TW Please refer to this number when ordering Brian Daniels: JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 Monday, September 30, 2019 We are pleased to respond to your request for quotation with the following items. Please reference our quotation number on all related correspondence. If you have any questions or need additional information please give Jason Rector or myself a call. Best regards, Tristan Watson Inside Sales JCI Industries, Inc. Jason Rector Sales Engineer JCI Industries, Inc. Quote #: 0717802983TW JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 Monday, September 30, 2019 1.00 Repair of KSB KRT K250-401/606XNG-S Pump 1 $19,874.00 The following work will be completed: 1. Clean, disassemble and inspect 2. Replace the following purchased parts: - Upper and Lower Mechanical Seal - Rotor and Shaft Assembly - Bearings - Shaft Sleeve - O -Rings - Radial Shaft Seals - Seal Ring - Retaining Rings - Misc Fasteners 3. Assemble and Test Terms & Conditions Lead Time 5-6 Weeks After Receiving Order Payment Terms Net 30 Shipping Method Best Way Shipping Terms Prepaid and Added to Invoice F.O.B. Warehouse This Quotation is valid for 30 days. ci JCI Industries, Inc. 2301 W. 20th Street Joplin, MO 64804 Tel: 417-623-4544 1. Applicable Terms. These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Seller's purchase order, quotation, proposal or acknowledgment, as the case may be ("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in any of Buyer's forms or documents. 2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 Y2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. 4. Ownership of Materials. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. S. Changes. Seller shall not implement any changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms. 6. Warranty. Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the "Warranty Period"), Seller shall, at its sole option and as Buyer's sole remedy, repair or replace the subject parts or refund the purchase price therefor. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller. Seller's warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. 8. Force Majeure. Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such party's reasonable control. 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension. 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. 12. Credit Approval: If at any time information available on Purchaser's financial condition or credit history, in JCI'sjudgment, does not justify the terms of payment specified herein, JCI may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank letter of credit, or other modifications to terms of payment. Backcharges: JCI shall not be liable for any charges incurred by Purchaser for work, repairs, replacements or alterations to the Products, without JCI's prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchaser's full responsibility. Quote Jack Tyler Engineering, Incorporated ,+ ' � 6112 Patterson Road Little Rock, AR 72209-2430 4�b (501) 562-2296 Phone drpo (501) 562-4273 Fax Sold To: CH2M Hill Operations Management (OMI) P.O. Box 241329 Denver, CO 80224-1329 Confirm To: JEREMY LACOE Page: 1 Order Number: 0130367 Order Date: 9/6/2019 Quoted By: CBOHNER Entered by: OGB Salesperson: S016 Customer Number: 0010802 Customer Fax: (720) 286-9184 Ship To: Broyles Rd Treatment Plant LS#52 15 South Broyles Fayetteville, AR 72701 Customer P.O. Ship VIA JTE DELIVERY Freight F.O.B. Terms Net 15 Item Number Unit Ordered Shipped Back Order Price Amount FLYGT 3202.180.5630 SN: S1040113 /REPAIR EACH 1.00 0.00 0.00 15,500.00 15,500.00 Repair NORMAL LEAD TIME FOR REPAIR - 3-4 WEEKS, ARO 0000000841805 EACH 2.00 0.00 0.00 0.00 0.00 Grommet 32Mm Id 52Mm Od271- Nbr Whse: 001 0000006571703 EACH 1.00 0.00 1.00 0.00 0.00 Kit,Repair Basic 3202.180 Whse: 001 0000006505100 EACH 1.00 0.00 0.00 0.00 0.00 Cable Unit Whse: 001 0000006630400 EACH 1.00 0.00 1.00 0.00 0.00 Sensor,Level FIs -10 Whse: 001 *0000006477601X EACH 1.00 0.00 0.00 0.00 0.00 STATOR, REW 30-23-6A 440-46OVD 0000007045300 EACH 1.00 0.00 1.00 0.00 0.00 RING, INSERT Cl Whse: 001 0000006674001 EACH 2.00 0.00 2.00 0.00 0.00 Sticker,Flygt 280X70 Blue Whse: 001 Continued Quote Jack Tyler Engineering, Incorporated ,+ ' � 6112 Patterson Road Little Rock, AR 72209-2430 4�b (501) 562-2296 Phone °+pow (501) 562-4273 Fax Sold To: CH2M Hill Operations Management (OMI) P.O. Box 241329 Denver, CO 80224-1329 Confirm To: JEREMY LACOE Page: 2 Order Number: 0130367 Order Date: 9/6/2019 Quoted By: CBOHNER Entered by: OGB Salesperson: S016 Customer Number: 0010802 Customer Fax: (720) 286-9184 Ship To: Broyles Rd Treatment Plant LS#52 15 South Broyles Fayetteville, AR 72701 Customer P.O. Ship VIA Freight F.O.B. Terms JTE DELIVERY Net 15 Item Number Unit Ordered Shipped Back Order Price Amount *0000008004501 EACH 1.00 0.00 0.00 LEAD -THROUGH UNIT 1.00 0.00 0.00 0.00 *0000006079302 EACH 1.00 0.00 0.00 COOLING JACKET, STEEL 0.00 0.00 1.00 0.00 0000008091300 EACH 1.00 0.00 0.00 Diffuser, Flow, Steel Coated 0.00 Whse: 001 *0000000839797 EACH 1.00 0.00 TEMP SENSOR, PT100 0000000841794 EACH 1.00 0.00 Grommet 21 Id 350d 26L Nbr Whse: 001 0000006658600 EACH 1.00 0.00 Detector Unit Pt -100 4.5Mm Whse: 001 0000006785820 EACH 1.00 0.00 Clip,Cable Ni Whse: 001 0000007188100 EACH 1.00 0.00 WASHER,SS Whse: 001 DOWCAL 200 30% GAL 2.00 0.00 Glycol Solution, 30%, 0130655, purchased in 54 gallon drum, FLYGT Whse: 001 Pumps 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 Continued Page: 3 Quote 0130367 Jack Tyler Engineering, Incorporated ,+ ' � 6112 Patterson Road 0.00 Little Rock, AR 72209-2430 CBOHNER (501) 562-2296 Phone 4�b °FPO (501) 562-4273 Fax Sold To: Salesperson: CH2M Hill Customer Number: Operations Management (OMI) P.O. Box 241329 Customer Fax: Denver, CO 80224-1329 Ship To: Confirm To: JEREMY LACOE Page: 3 Customer P.O. Ship VIA Freight F.O.B. Terms JTE DELIVERY Net 15 Item Number Unit /BOV MACHINING BOV Machine Work SEAL SEATS SHOW WEAR /LABOR HR Service Labor /SHOP SUPPLIES Misc Shop Supplies /FREIGHT EA Freight, Shipping & Handling INBOUND TO JTEI *0032021850300 EACH PRICING FOR DUPLICATE PUMP NP641-8 45/460/3 50' FLS FV ***PREPARED FOR MAS1 *** /FREIGHT EA Freight, Shipping & Handling NORMAL SHIPPING 9-11 WEEKS. ARO Ordered Shipped Back Order Price Amount 1.00 Order Number: 0130367 0.00 Order Date: 9/6/2019 0.00 Quoted By: CBOHNER 0.00 Entered by: OGB 0.00 Salesperson: S016 Customer Number: 0010802 0.00 Customer Fax: (720) 286-9184 Ship To: Broyles Rd Treatment Plant LS#52 15 South Broyles Fayetteville, AR 72701 Customer P.O. Ship VIA Freight F.O.B. Terms JTE DELIVERY Net 15 Item Number Unit /BOV MACHINING BOV Machine Work SEAL SEATS SHOW WEAR /LABOR HR Service Labor /SHOP SUPPLIES Misc Shop Supplies /FREIGHT EA Freight, Shipping & Handling INBOUND TO JTEI *0032021850300 EACH PRICING FOR DUPLICATE PUMP NP641-8 45/460/3 50' FLS FV ***PREPARED FOR MAS1 *** /FREIGHT EA Freight, Shipping & Handling NORMAL SHIPPING 9-11 WEEKS. ARO Ordered Shipped Back Order Price Amount 1.00 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 51,744.00 0.00 0.00 0.00 0.00 0.00 0.00 Net Order: 15,500.00 Sales Tax IS NOT included in quoted price Thank you for the opportunity to quote on your requirements. If you have any questions, please do not hesitate to contact us. NOTE: This quotation expires 30 days from above date unless noted. Nev En_&,� co JACK TYLER ENGINEERING, INCORPORATED 6112 PATTERSON AVENUE, LITTLE ROCK, ARKANSAS 72209 ♦ a (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 corpovax.e STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16%on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your order with complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. RETURNS/REFUNDS: Items wished to be returned are subject to prior approval and must be accompanied by a Return Merchandise Authorization (RMA). Items returned without proper approval and/or paperwork will be returned to the customer at their expense. Returns past 30 days of initial receipt will not be accepted. All returned items are subject to a restocking fee. The customer's credit will be equal to the credit Jack Tyler Engineering, Inc. receives from the vendor, minus orginal freight and freight back to the vendor. Please note that all items must be returned to JTEI, who will return the item to the vendor. Credit will only be issued once JTEI receives credit from the vendor. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 07/12/19 Ozarks IM ELECTRIC COOPERATIVE �1� Contract for Maintenance of Interconnection facilities This MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of , 20_, by Ozarks Electric Cooperative Corporation, a corporation organized under the laws of Arkansas and Oklahoma (Cooperative), and The City of Fayetteville, each hereinafter sometimes referred to individually as "Party", or referred to collectively as the "Parties". WITNESSETH: WHEREAS, Ozarks Electric Cooperative, (or Cooperative) is a rural electric cooperative corporation serving, among other areas, portions of the territory in and around the City of Fayetteville, Arkansas; and WHEREAS, the City of Fayetteville (or City), Arkansas, is a municipal corporation which owns and operates two water and sewer treatment facilities, and 5.2 miles of electrical overhead and underground distribution; located in Cooperative's territory at 1500 Fox Hunter Rd, Fayetteville, AR; and 5 Broyles Rd, Fayetteville, AR; and WHEREAS, City of Fayetteville, Arkansas, operates distributive generation for use in providing off-peak generation to such facilities as a distributive generation owner/operator ("DG Owner/Operator"); and WHEREAS, the parties hereto define the terms and conditions under which the Cooperative provides routine maintenance and repairs to overhead distribution facilities owned and operated by the City of Fayetteville at 1500 Fox Hunter Rd and 5 Broyles Rd. NOW, THEREFORE, in consideration of the mutual covenants and terms set forth herein, the parties agree as follows, to -wit: 1. Scope of Agreement — This agreement is applicable to conditions under which the Cooperative and the DG Owner/Operator agree that the Facilities (further described in "Attachment 1 and 2") will be routinely inspected and repaired under normal and routine conditions. A true and correct copy of Attachment 1 and 2, Facilities Identification Map showing Zone of Maintenance, is attached hereto and incorporated by reference herein. 2. Responsibilities of Cooperative — The Cooperative will perform a bi-annual drone inspection of all covered above ground facilities and will perform an infrared survey of all covered facilities annually. The Cooperative will perform routine maintenance, repair, and replacement, at its own cost and expense, to the overhead and underground distribution facilities owned and operated by the City of Fayetteville and identified in Attachment 1 and 2. Any transformers, switchgear or underground risers that are not directly connected or associated with the Solar/Battery DG installation shall be excluded from this maintenance Page 1 of agreement. Said maintenance shall be in accordance with industry standards and prudent engineering practice. The Cooperative shall, upon discovery or request, make routine repairs as necessary to reasonably minimize the likelihood of a malfunction or other disturbance, affecting or impairing the System. Annually, a summary of inspection results and necessary preventative maintenance or repairs shall be submitted to the City. The Cooperative will notify the City of Fayetteville or designated facility operator, when evidence of Facility malfunction or deterioration is discovered. 3. Responsibilities of The City of Fayetteville — The Facility DG Owner/Operator will immediately notify The Cooperative when maintenance and repair needs are discovered on the facilities identified in Attachment 1 and 2. Further, the Facility DG Owner/Operator will immediately notify the Cooperative of any emergency or hazardous condition or occurrence with the Facilities, which could affect safe operation of the System. 4. Conditions not covered under Maintenance Agreement. Conditions that affect the facilities identified in Attachment 1 and 2 that are a result of a Force Majeure event such as: acts of war, public disorder, dig in, third party damage, rebellion or insurrection; floods, hurricanes, earthquakes, lightning, ice, snow, storms or other natural calamities; explosions or fires; strikes, work stoppages or labor disputes; embargoes; and sabotage that involve more than one structure, or any two spans of wire, or one underground location are not covered under this agreement. 5. Limitation of Liability and Indemnification a. Notwithstanding any other provision in this Agreement, with respect to the Cooperative's provision of electric service to DG Owner/Operator and the services provided by the Cooperative pursuant to this Agreement, Cooperative's liability to DG Owner/Operator shall be limited as set forth in the Cooperative's tariffs and terms and conditions for electric service, which are incorporated herein by reference. b. For the purposes of this Agreement, a Force Majeure event is any event: (a) that is beyond the reasonable control of the affected party; and (b) that the affected party is unable to prevent or provide against by exercising reasonable diligence, including the following events or circumstances, but only to the extent that they satisfy the preceding requirements: acts of war, public disorder, rebellion or insurrection; floods, hurricanes, earthquakes, lightning, storms or other natural calamities; explosions or fres; strikes, work stoppages or labor disputes; embargoes; and sabotage. If a Force Majeure event prevents a party from fulfilling any obligations under this agreement, such party will promptly notify the other party and will keep the other party informed on a periodic basis as to the scope and duration of the Force Majeure event. The affected party will specify the circumstances of the Force Majeure event, its expected duration, and the steps that the affected party is taking to mitigate the effect of the event on its performance. The affected party will be entitled to suspend or modify its performance of obligations under this Agreement, but will use reasonable efforts to resume its performance as soon as possible. 6. Right of Access, Equipment Installation, Removal & Inspection — Employees, agents, and/or contractors under the direction of the Cooperative shall have access to the premises of the Facility DG Owner/Operator at any time to inspect, maintenance, repair, or replace covered components of the Facilities identified in Attachment 1 and 2. Page 2 of 5 ozarks ELECTRIC COOPERATIVE r� 7. Effective Term and Termination Rights — This Agreement becomes effective when executed by both Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) DG Owner/Operator may terminate this Agreement at any time by giving the Cooperative at least sixty (60) days' written notice; (b) Cooperative may terminate upon failure by the DG Owner/Operator to generate energy from the Facilities within six (6) months after completion of the interconnection; (c) Any Party may terminate by giving the other Parties at least thirty (30) days prior written notice that another Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, tariff, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default; (d) Cooperative may terminate by giving DG Owner/Operator at least sixty (60) days notice in the event that there is a material change in an applicable law, or any requirement of the Cooperative's wholesale electric suppliers or of any transmission utility, independent system operator or regional transmission organization having responsibility for the operation of any part of the System. No termination of this agreement by any party constitutes a release of financial responsibility due to a rate schedule, tariff or other separate agreement. 8. Compliance with Laws, Rules and Tariffs — The Cooperative and the DG Owner/Operator shall be responsible for complying with the laws, rules, tariffs and regulations of the State of Arkansas. 9. Severability —If any portion or provision of this Agreement is held or adjudged for any reason to be invalid or illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed separate and independent, and the remainder of this Agreement shall remain in full force and effect. 10. Amendment — This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. 11. Entire Agreement and Prior Agreements Superseded — This Agreement, including all attached Exhibits and Facilities Schedules, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the maintenance of the facilities of the Parties at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein or in the DG Owner/Operator application, or other written information provided by the DG Owner/Operator in compliance with the Rules. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 12. Assignment — At any time during the term of this Agreement, the DG Owner/Operator may assign this Agreement to a corporation, an entity with limited liability, or an individual (the "Assignee") to whom the DG Owner/Operator transfers ownership of the Facilities; provided that the DG Owner/Operator obtains the consent of the Cooperative in advance of the assignment. The Cooperative's consent will be based on a determination that the Assignee is financially and technically capable to assume ownership and/or operation of the Facilities, which will not be unreasonably withheld. The company or individual to which this Agreement is assigned will be responsible for the proper operation and maintenance of the Facilities, and must agree in writing Page 3 of 5 to be subject to all provisions of this Agreement. Cooperative may also assign the Agreement to another entity with the written approval of the DG Owner/Operator. 13. Notices — Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Cooperative: Troy Scarbrough, VP of Engineering and Operations Ozarks Electric Cooperative Corporation P. O. Box B48 Fayetteville, AR 72702-0848 (b) If to DG Owner/Operator: The City of Fayetteville (City) Attn: The above -listed names, titles and addresses of either Party may be changed by written notification to the other, notwithstanding Section 19. 14. Invoicing, Payment, and Terms — The Facility owner pay a maintenance agreement fee of $20,116 per year for the services described herein. The cooperative will periodically re-evaluate the cost of associated services provided herein, and reserves the right, upon notice, to adjust the fee as appropriate. Payment shall be made in January of each year, starting in January of 2020, and continuing until the agreement is terminated. Payment for the current year (2019) shall be waived. 15. Limitations (No Third -Party Beneficiaries, Waiver, etc.) —This Agreement is not intended to and does not create rights, remedies or benefits of any character whatsoever in favor of any persons, corporations, associations or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties. This Agreement may not be assigned by the DG Owner/Operator without the prior written consent of the Cooperative as specified in Section 12. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights or duties imposed upon the Parties. 16. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement. 17. Multiple Counterparts — This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. Page 4 of 5 ozarks ELECTRIC COOPERATIVE r� IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Ozarks Electric Cooperative Corporation The City of Fayetteville (Cooperative) (City) BY:BY: TITLE: President/CEO TITLE: DATE: 9/peb S DATE: Page 5 of 5 ozarks 64%ELECTRIC VU COOPERATIVE N► Contract for Interconnection of Customer -Owned Generation This INTERCONNECTION AGREEMENT ("Agreement") is made and entered into this _ day of , 20_, by Ozarks Electric Cooperative Corporation, a corporation organized under the laws of Arkansas and Oklahoma (Cooperative), and The City of Fayetteville, and Today's Power Inc., each hereinafter sometimes referred to individually as "Party", or referred to collectively as the "Parties". WITNESSETH: WHEREAS, Ozarks Electric Cooperative, (or Cooperative) is a rural electric cooperative corporation serving, among other areas, portions of the territory in and around the City of Fayetteville, Arkansas; and WHEREAS, the City of Fayetteville (or City), Arkansas, is a municipal corporation which owns and operates two water and sewer treatment facilities located in Cooperative's territory at 1500 Fox Hunter Rd, Fayetteville, AR; and 5 Broyles Rd, Fayetteville, AR; and WHEREAS, Today's Power Inc., (or TPI), will, upon execution of associated agreements, install, own, and maintain distributive generation in the form of solar generation and a battery storage system interconnected to the City of Fayetteville's distribution system; and WHEREAS, City and TPI are hereinafter collectively referred to as DG Owner/Operator, and WHEREAS, the parties hereto define the terms and conditions under which DG Owner/Operator shall operate Independently to produce power synchronized with the Cooperative's system. NOW, THEREFORE, in consideration of the mutual covenants and terms set forth herein, the parties agree as follows, to -wit: 1. Scope of Agreement — This agreement is applicable to conditions under which the Cooperative and the DG Owner/Operator agree that the Facilities (further described in the Facility Schedules) will be interconnected at 12.470 kV or less, to the Cooperative's electric power distribution system ("System"). DG Owner/Operator shall receive interconnection service from Cooperative in accordance with the terms this agreement and in accordance with all applicable fillings with the Arkansas Public Service Commission, as now in force and from time amended hereafter. A true and correct copy of Attachment 1 and Attachment 2, Facility Identification Maps, showing Point of Interconnection, is attached hereto and incorporated by reference herein. Page 1 of 10 2. Establishment of Point of Interconnection — The point where the electric energy transitions from the wires or facilities owned by the Cooperative to the facilities provided by DG Owner/Operator, or vice versa, is the "Point of Interconnection." Cooperative and DG Owner/Operator agree to interconnect the Facilities at the Point of Interconnection in accordance with the Cooperative's Operational Requirements ("Rules"), which are incorporated herein by reference as Attachment #3. The interconnection equipment installed by the DG Owner/Operator ("Interconnection Facilities") shall be in accordance with the Rules as well. 3. Responsibilities of Cooperative and DG Owner/Operator for Installation, Operation and Maintenance of Facilities — DG Owner/Operator will, at its own cost and expense, install, operate, maintain, repair and inspect, and shall be fully responsible for its Facilities and Interconnection Facilities. DG Owner/Operator shall conduct operations of its Facilities and Interconnection Facilities in compliance with all aspects of the Rules, and in accordance with industry standard prudent engineering practices. The Cooperative shall conduct operations of its electric distribution facilities in compliance with all aspects of the Rules, or as further described and mutually agreed to in the applicable Facilities Schedule attached hereto. Maintenance of Facilities and Interconnection Facilities shall be performed in accordance with the applicable manufacturers' recommended maintenance schedule. The DG Owner/Operator agrees to cause its Facilities and Interconnection Facilities to be constructed in accordance with the Rules and specifications equal to or better than those provided by the National Electrical Safety Code and the National Electrical Code, both codes approved by the American National Standards Institute in effect at the time of construction. The DG Owner/Operator covenants and agrees to cause the design, installation, maintenance and operation of its Facilities and Interconnection Facilities so as to reasonably minimize the likelihood of a malfunction or other disturbance, damaging or otherwise, affecting or impairing the System. DG Owner/Operator shall comply with all applicable laws, regulations, zoning codes, building codes, safety rules and environmental restrictions applicable to the design, installation, operation and maintenance of its Facilities and Interconnection Facilities. Cooperative will notify DG Owner/Operator if there is evidence that the Facilities' or Interconnection Facilities' operation causes disruption or deterioration of service to other customers served from the System, or if the Facilities' or Interconnection Facilities' operation causes damage to the System. DG Owner/Operator will notify the Cooperative of any emergency or hazardous condition or occurrence with the DG Owner/Operator's Facilities or Interconnection Facilities, which could affect safe operation of the System. If agreeable to the Parties, the Cooperative shall perform periodic inspections and maintenance on specific sections of the interconnection facilities and non-cooperative owned distribution systems in accordance with a separate maintenance agreement if entered into by the Cooperative and the City. 4. Operator in Charge —The DG Owner/Operator shall each identify an individual (by name or title) who will perform as "Operator in Charge" of the Facilities and the DG Owner/Operator portion of the Interconnection Facilities. This individual must be familiar with this Agreement, as well as provisions of the Rules and any other agreements or regulations that may apply. 5. Power Sales to Cooperative -This Agreement does not constitute an agreement to purchase or deliver the DG Owner/Operator's power. The purchase or delivery of power and other services that the Cooperative may require will be covered under separate agreements. Page 2 of 10 The Interconnection Customer will be responsible for separately making all necessary arrangements (including scheduling) for delivery of electricity. 6. Limitation of Liability and Indemnification a. Notwithstanding any other provision in this Agreement, with respect to the Cooperative's provision of electric service to DG Owner/Operator and the services provided by the Cooperative pursuant to this Agreement, Cooperative's liability to DG Owner/Operator shall be limited as set forth in the Cooperative's tariffs and terms and conditions for electric service, which are incorporated herein by reference. b. For the purposes of this Agreement, a Force Majeure event is any event: (a) that is beyond the reasonable control of the affected party; and (b) that the affected party is unable to prevent or provide against by exercising reasonable diligence, including the following events or circumstances, but only to the extent that they satisfy the preceding requirements: ads of war, public disorder, rebellion or insurrection; floods, hurricanes, earthquakes, lightning, storms or other natural calamities; explosions or fires; strikes, work stoppages or labor disputes; embargoes; and sabotage. If a Force Majeure event prevents a party from fulfilling any obligations under this agreement, such party will promptly notify the other party and will keep the other party informed on a periodic basis as to the scope and duration of the Force Majeure event. The affected party will specify the circumstances of the Force Majeure event, its expected duration, and the steps that the affected party is taking to mitigate the effect of the event on its performance. The affected party will be entitled to suspend or modify its performance of obligations under this Agreement, but will use reasonable efforts to resume its performance as soon as possible. c. Notwithstanding Paragraph 6.b of this Agreement, TPI shall assume all liability for, and shall indemnify the Cooperative and Its members, trustees, directors, officers, managers, employees, agents, representatives, affiliates, successors and assigns for, and shall hold them harmless from and against any claims, losses, costs, and expenses of any kind or character to the extent that they result from TPI's negligence or other wrongful conduct in connection with the design, construction, installation, operation or maintenance of the Facilities or Interconnection Facilities. Such indemnity shall include, but is not limited to, financial responsibility for (a) monetary losses; (b) reasonable costs and expenses of defending an action or claim; (c) damages related to death or injury: (d) damages to property; and (e) damages for the disruption of business. d. Cooperative and DG Owner/Operator shall each be responsible for the safe installation, maintenance, repair and condition of their respective lines, wires, switches, or other equipment or property on their respective sides of the Point of Interconnection. The Cooperative does not assume any duty of inspecting the DG Owner/Operator's lines, wires, switches, or other equipment or property and will not be responsible therefor. DG Owner/Operator assumes all responsibility for the electric service supplied hereunder and the facilities used in connection therewith, at or beyond the Point of Interconnection, if not mutually agreed upon in a separate agreement, which if executed, would supersede inspection and/or maintenance terms only within this agreement. 7. Testing and Testing Records — The DG Owner/Operator shall provide to the Cooperative all records of testing. Testing of protection systems for intermediate and large units shall be limited to records of compliance with standard acceptance procedures and by industry standards and practices. These records shall include testing at the start of commercial operation Page 3 of 10 and periodic testing thereafter. Factory testing of pre-packaged Interconnection Facilities and the protective systems of small units shall be acceptable. In the case of a factory test, the DG Owner/Operator needs to provide a written description and certification by the factory of the test, the test results, and the qualification of any independent testing laboratory. In addition, the settings of the equipment being installed shall to be approved by the Cooperative prior to DG operation. Furthermore, the DG Owner/Operator shall retest the DG Owner/Operator's protective/synchronization equipment each time a settings change is made, and provide all records of testing to the Cooperative. 8. Right of Access, Equipment Installation, Removal & Inspection — The Cooperative may send an employee, agent or contractor to the premises of the DG Owner/Operator at any time whether before, during or after the time the Facilities first produce energy to inspect the Facilities and Interconnection Facilities, and observe the Facility's installation, commissioning (including any testing), startup, operation and maintenance. At any time, Cooperative shall have access to DG Owner/Operator's premises for any reasonable purpose in connection with the interconnection described in this Agreement, the Rules, or to provide service to its customers. 9. Disconnection of Facilities — DG Owner/Operator retains the option to disconnect its Facilities and Interconnection Facilities from the System, provided that DG Owner/Operator notifies the Cooperative of its intent to disconnect by giving the Cooperative at least thirty (30) days' prior written notice. Such disconnection shall not be a termination of this Agreement unless DG Owner/Operator exercises rights under Section 12 that do not lead to a resolution of the issue. DG Owner/Operator shall disconnect Facilities and Interconnection Facilities from the System upon the effective date of any termination resulting from and required by actions under Section 13. Cooperative shall have the right to disconnect or cause the DG Owner/Operator to disconnect the Facilities and Interconnection Facilities from the System and suspend service in cases where continuance of service to DG Owner/Operator will or may endanger persons or property. During the forced outage of the System serving OG Owner/Operator, Cooperative shall have the right to suspend service and disconnect or cause the DG Owner/Operator to disconnect the Facilities from the System to effect repairs on the System, but the Cooperative shall use its reasonable efforts to provide the DG Owner/Operator with reasonable prior notice. The Cooperative shall have the right, upon reasonable notice, to suspend service and disconnect or cause the DG Owner/Operator to disconnect the Facility from the System to allow the Cooperative to effect routine standard planned maintenance and /or repairs on the System. Additionally, the Cooperative may disconnect any DG equipment after written notice stating the reason for such discontinuance has been given to the DG Owner/Operator in the event of the following: 1) Any time service is discontinued under the terms of this Agreement. 2) If the DG Owner/Operator refused to provide the Cooperative reasonable access to its equipment upon DG Owner/Operator properly. 3) Violation of any Rule or non-compliance with any applicable federal, state, municipal, or other local laws, rules or regulation. Page 4 of 10 4) Violation of or non-compliance with any approved tariff or this Agreement. 5) Failure of DG Owner/Operator to make application for service. 6) Failure of DG Owner/Operator to make application for service in the true name of the DG Owner/Operator for the purpose of avoiding payment of any unpaid obligation for electric service provided. The Cooperative may disconnect any DG equipment without advance notice for any of the following reasons: 1) Existence of a dangerous or defective condition or wiring or equipment on DG Owner/Operator's premises. 2) Fraudulent use or sale of electricity. 3) Tampering with the Cooperative's controlling, regulating, and/or measuring equipment or other property. 4) Emergency condition, 10. Reactive Power — The Interconnection Customer shall design its Small Generating Facility to maintain a composite power delivery at continuous rated power output at the Point of Interconnection at a power factor at or near unity, unless the Interconnection Service Provider establishes different requirements for the reasons of system voltage stability. The Interconnection Service Provider may require a power factor other than unity in the range of 0.98 leading to 0.98 lagging. if for the reasons of voltage stability, the Interconnection Service Provider is required to provide the Interconnection Customer reactive power, the Interconnection Customer shall comply with a resolution plan to be provided by the Cooperative if necessary. 11. Insurance — TPI shall carry adequate insurance coverage that shall be acceptable to the Cooperative, and the initial coverage shall be not less than $5,000,000.00. TPI agrees to defend, indemnify and hold harmless the Cooperative from any and all claims whatsoever of any nature or kind; including, but not limited to, those brought by employees or subcontractors of TPI or any other person, including the general public, arising out of or as a result of any failure to act, whether or not negligent, arising out of the performance of this Agreement. No party shall be liable for revenue loss resulting from interruption or partial interruption of service hereunder. Notwithstanding any provisions of this Agreement to the contrary, TPI shall be responsible for all damage to, or loss of the Cooperative's property located upon and adjacent to the DG Owner/Operator's property, unless occasioned by causes beyond the DG Owner/Operator's control. The DG Owner/Operator shall not authorize or allow anyone to change, alter, remove or tamper with the Cooperative's property. The City shall provide the same level of security as is provided to all other City infrastructure on properties associated with this agreement. 12. Effective Term and Termination Rights — This Agreement becomes effective when executed by all Parties and shall continue in effect until terminated. This Agreement may be terminated as follows: (a) DG Owner/Operator may terminate this Agreement at any time by giving the Cooperative at least sixty (60) days' written notice; (b) Cooperative may terminate upon failure by the DG Owner/Operator to generate energy from the Facilities within six (6) months after completion of the interconnection; (c) Any Party may terminate by giving the other Page 5 of 10 Parties at least thirty (30) days prior written notice that another Party is in default of any of the terms and conditions of the Agreement or the Rules or any rate schedule, tariff, regulation, contract, or policy of the Cooperative, so long as the notice specifies the basis for termination and there is opportunity to cure the default, (d) Cooperative may terminate by giving DG Owner/Operator at least sixty (60) days notice in the event that there is a material change in an applicable law, or any requirement of the Cooperative's wholesale electric suppliers or of any transmission utility, independent system operator or regional transmission organization having responsibility for the operation of any part of the System. No termination of this agreement by any party constitutes a release of financial responsibility due to a rate schedule, tariff or other separate agreement. 13. Compliance with Laws, Rules and Tariffs — The Cooperative and the DG Owner/Operator shall be responsible for complying with the laws, rules, tariffs and regulations of the State of Arkansas, and the Rules. The interconnection and services provided under this Agreement shall at all times be subject to the terms and conditions set forth in the Rules, which Rules are hereby incorporated into this Agreement by this reference. The Cooperative shall have the right to publish changes in any of the Rules at any time. 14. Severability —If any portion or provision of this Agreement is held or adjudged for any reason to be invalid or illegal or unenforceable by any court of competent jurisdiction, such portion shall be deemed separate and independent, and the remainder of this Agreement shall remain in full force and effect. 16. Amendment — This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties. 16. Entirety of Agreement and Prior Agreements Superseded — This Agreement, including the Rules and all attached Exhibits and Facilities Schedules, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the interconnection of the facilities of the Parties at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein or in the OG Owner/Operator application, or other written information provided by the DG Owner/Operator in compliance with the Rules. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 17. Assignment — At any time during the term of this Agreement, the DG Owner/Operator may assign this Agreement to a corporation, an entity with limited liability, or an individual (the "Assignee") to whom the DG Owner/Operator transfers ownership of the Facilities; provided that the DG Owner/Operator obtains the consent of the Cooperative in advance of the assignment. The Cooperative's consent will be based on a determination that the Assignee is financially and technically capable to assume ownership and/or operation of the Facilities, which will not be unreasonably withheld. The company or individual to which this Agreement is assigned will be responsible for the proper operation and maintenance of the Facilities, and must agree in writing to be subject to all provisions of this Agreement. Cooperative may also assign the Agreement to another entity with the written approval of the DG Owner/Operator. Page 6 of 10 18. Notices — Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to Cooperative: Troy Scarbrough, VP of Engineering and Operations Ozarks Electric Cooperative Corporation P. 0. Box 848 Fayetteville, AR 72702-0848 (b) If to DG Owner/Operator: The City of Fayetteville (City) Attn: Today's Power Inc. (TPI) The above -listed names, titles and addresses of either Party may be changed by written notification to the other, notwithstanding Section 19. 19. Invoicing and Payment — Payment terms, rates, and any other such monetary or like kind exchanges between the cooperative and the DG Owner/Operator shall be covered in a separate agreement, which shall not supersede any such conditions of this agreement. 20. Limitations (No Third -Party Beneficiaries, Waiver, etc.) — This Agreement is not intended to and does not create rights, remedies or benefits of any character whatsoever in favor of any persons, corporations, associations or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit of the Parties. This Agreement may not be assigned by the DG Owner/Operator without the prior written consent of the Cooperative as specified in Section 17. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights or duties imposed upon the Parties. 21. Headings — The descriptive headings of the various articles and sections of this Agreement have been inserted for convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement. 22. Multiple Counterparts — This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all constitute one and the same instrument. Page 7 of 10 23. Modification of the Generating Facility - The DG Owner/Operator must receive written authorization from the Cooperative before making any change to the DG Facilities that may have a material impact on the capacity, operational characteristics, safety, or reliability of the System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. Any modifications made by the Interconnection Service Provider that are reasonably necessary as a result of modifications to the Cooperative's facilities shall be made at the expense of the DG Owner/Operator. If the DG Owner/Operator make such modification without the Cooperative's prior written authorization, the latter shall have the right to temporarily disconnect the DG Facility. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives. Ozarks Electric Cooperative Corporation The City of Fayetteville (Cooperative) (City) BY: 7 ` BY: TITLE: President/CEO TITLE: DATE: 9/o//9' DATE Today's Power Inc. (TPI) // n BY: TITLE: li.n ta.�Ll+�7C DATE: Io - 1-;0)9 Page 8 of 10 FACILITIES SCHEDULE 1. Name: The City of Fayetteville, Arkansas 2. Facilities locations: 1500 Fox Hunter Rd, Fayetteville, AR and 5 Broyles Rd, Fayetteville, AR 3. Delivery voltage: 7200/12470 grounded Y 4. Metering (voltaae, location, losses adjustment due to meterina location, and other: Metering at primary voltage at the Facility location. 5. Normal Operation of Interconnection: Continuous parallel operation. 6. One line diagram attached (check one):/ X Yes / No 7. Facilities to be furnished by Cooperative: Existing primary facilities to point of interconnection. 8. Facilities to be furnished by DG Owner/Operator: Generation equipment and associated lines, transformers, and internal switch, tie breaker, sensing, and relaying beyond the point of interconnection. 9. Number of generating units: 10. Rating of each generator: 11. Cost Responsibility: DG Owner/Operator are responsible for all costs and/or fees associated with the design, setup, planning, coordination, and construction of facilities required or mandated by the Cooperative to accommodate the DG facilities to date and hereinafter. 12. Supplemental terms and conditions attached (check one): / X Yes / No 13. Cooperative rules for DG interconnection attached (check one): / X Yes / _ No Ozarks Electric Cooperative Corporation (Cooperative) BY: -2$0'P i TITI F- President/CEO DATE: 9bomy Page 9 of 10 The City of Fayetteville, Arkansas (City) BY: DATE: Today's Power Inc. (TPI) BT //71.'fA/lL►Iiulr/�� DATE: Page 10 of 10 Attachment 1, Facility Identification Map 5 Broyles Rd. Fayetteville, AR. ®®®®®®®®®®®®®®®®®®® g1}FIIEM1IE e6T & WW1 FMM I � / I�II�I�II�IIIIIIIII�II�II IIIII�IIII�II�IIII�II�I�I� � I I N" _ _. • ROE n ox iwxsRonxrx ax s«na PELLMEP PM PIVMv uEl[R vW V UL IMNRfORUER ORCfSr4 CC sm�cxccw env � rwxrtxuu zoxE i Point or Interconnection 0 V� o z a r k s #sir ELECTRIC COOPERATIVE r� Attachment 3 Generator Interconnection Rules and Requirements 15OKW and Above Scope — This document is a technical specification for generation interconnection in instances where interconnection is permissible through rates, tariffs or contract. It is not to be misconstrued as the sole requirements for interconnection. Also, this guideline is meant to cover basic requirements for most large industrial or commercial interconnected generation. However, given the wide variety of possible generating facilities, it becomes problematic to designate requirements for all the complex possibilities that might arise in conjunction with interconnected generation. Thus, any additional requirements for unique installations will be covered in an interconnection agreement between Ozarks Electric Cooperative Corporation (OECC) and the Distributed Generation (DG) Owner/Operator. Any such requirements or arrangements so stated in an interconnection agreement will supersede any rules stated in this guideline. Further, these rules and guidelines will require revision and updating as technology and techniques evolve in the industry. Thus, OECC shall have the right to publish changes to these rules at any time. Definitions Application for Interconnection: A form that is required for application to interconnect DG facilities with the OECC System that state the Generation System's characteristics, including Generation Facility Capacity, desired interconnection method, Point of Common Interconnection device type and settings, etc. Closed Transition Transfer: Method of transferring the local loads between OECC's system and the generator such that the generator and OECC's systems are interconnected for a short time (100 msec. or less). Dedicated Facilities: The equipment that is installed due to the interconnection of the Generation System and not required to serve other OECC Members. DG Owner/Operator: The party or parties who will own/operate the Generation System and are responsible for meeting the requirements of the agreements and Technical Requirements. This could be the Generation System applicant, installer, owner, designer, or operator, or any combination of these entities. DNP 3.0: A SCADA communications protocol. Extended Parallel: The Generation System is designed to remain connected with OECC for an extended period of time. Generation/Generator: Any device producing electrical energy, i.e., rotating generators driven by wind, steam turbines, internal combustion engines, hydraulic turbines, solar, fuel cells, etc.; or any other electric producing device, including energy storage technologies. Generation System: The interconnected generator(s), controls, relays, switches, breakers, transformers, inverters and associated wiring and cables, up to the Point of Interconnection. Lock out: To make unavailable for a close of contacts by a physical means. If a device is locked out, it can not be physically made to close of its contacts until the lock out provision is physically reset or removed. Nameplate Capacity: The total nameplate capacity rating of all the Generation included in the Generation System. For this definition, the "standby" and/or maximum rated KW capacity on the nameplate shall be used. Open Transition Transfer: Method of transferring the local loads between OECC's system and the generator such that the generator and OECC's system are never interconnected. Point of Delivery: This is also the point where the energy changes possession from one party to the other. Typically, this will be where the metering is installed, but it is not required that the Point of Delivery is the same as where the energy is metered. The Point of Delivery may also be at the Point of Interconnection, but is not required to be. Point of Interconnection/Point of Common Coupling (PCC)/: The point where OECC is connected to a Generation System. SCADA: Supervisory Control And Data Acquisition. Equipment and communications devices that allow control and monitoring of remote equipment from OECC dispatch center or offices. Soft Loading Transfer: Method of transferring the local loads between OECC and the generator such that the generator and OECC's system are interconnected for a limited amount of time (generally less than three minutes). If the interconnection extends beyond three minutes, the interconnection is then defined as extended parallel. 111. General Requirements In general, all generator installations covered under these rules shall comply with the latest revision of IEEE Standards 1547, 1547.1, 1547.2, 519, 929, C37.90.1, C37.90.2, C62.41.2, C62.42, and ANSI C84.1, and ANSVIEEE 466 and Standard 80, and any other such ANSI/IEEE standards that apply to the generation facilities referenced in this guideline. However, in areas where the Specific Requirements in these rules conflict or detail more stringent requirements, these rules supersede those specific areas of IEEE 1547, 1547.1, and 1547.2. The DG Owner/Operator shall be responsible for compliance with all applicable local, city, state, or federal codes, guidelines. Further, interconnected generation shall meet the latest revision of the National Electric Safety Codes (NESC) and National Electric Code (NEC). IV. Specific Requirements A DG Owner/Operator shall submit an Application for Interconnection to OECC before any consideration shall be made in regard to interconnection of facilities. Interconnection agreements: An interconnection agreement shall be executed between OECC and the DG Owner/Operator before a Generator will be allowed to connect under any method except Open Transition Transfer. The DG Facilities shall not inject any abnormal voltage into the OECC system. The Cooperative may send an employee, agent or contractor to the premises of the DG Owner/Operator at any time whether before, during or after the time the Facilities first produce energy to inspect the Facilities and Interconnection Facilities, and observe the Facility's installation, commissioning (including any testing), startup, operation and maintenance. At any time, Cooperative shall have access to DG Owner/Operator's premises for any reasonable purpose in connection with the interconnection described in this guideline or applicable interconnection agreement or to provide service to its customers. A protective device shall be installed at the Point of Interconnection that shall be capable of interrupting the total fault current available from either side of the Point of Interconnection. This device shall have the provision to lock out the device to prevent any electronic means of closure or any incidental manual close. This means of lock out shall either be by mechanical mean attached on an OECC pole at a height as to not be readily accessible to the general public, or be in an enclosure such that an OECC padlock can be installed to prohibit any close. Depending on the size and complexity of the DG facility, a utility grade relay controlled circuit breaker may be required as the protective device. This device may be required to communicate via DNP 3.0. The generator(s) on an interconnected system shall have an emergency stop button such that the entire installation will interrupt load and bring the generators to a stop in the quickest possible time without undue damage to the generators. The emergency stop button shall be located such that it is readily accessible to OECC personnel and be appropriately labeled. Acceptance testing shall be required for each DG installation and the records for these tests shall be made available to OECC. Further testing may be required by OECC depending on the size and type of DG installation. In addition, the settings of the equipment being installed are to be approved by OECC prior to DG operation. The DG Owner/Operator shall retest protective relaying on an annual basis. Furthermore, the DG Owner/Operator shall retest the DG Owner/Operator's protective/synchronization equipment each time a settings change is made, and provide all records of testing to the Cooperative. Monitoring and shutdown control of the DG facilities shall be made available to OECC via the cooperative's SCADA system. Islanding of the facilities on the load side of the Point Of Interconnection shall be allowed in certain instances, and shall be covered individually in an Interconnection Agreement. An engineering study shall be required to determine the impact of DG on the OECC system unless a written waver from OECC is obtained. OECC retains the right to require a study or an additional study if the DG facilities increase in size or characteristic changes are made to the facility. In consideration of the applicability of this guideline, the full nameplate ratings of multiple generators at one location shall be summed and considered as the full generation capacity of the DG facility. The DG Owner/Operator shall be financially responsible for OECC system modifications, additions, and/or dedicated facilities that are deemed reasonably necessary by the Cooperative, including but not limited modifications or additions of lines, structures, equipment, substations, relaying, monitoring, communications, supervisory control, training, engineering studies and grounding. IHEE_C_PNSULTINGMCCLELLAND GINEERS. INC September 6, 2019 Honorable Heith Caudle, Mayor City of West Fork P.O. Box 339 West Fork, AR 72774 RE: West Fork Sewer Main to Fayetteville Project Recommendation of Award Dear Mayor Caudle, 1810 N. College Ave. Fayetteville, AR 72703 479-443-2377/Fax 479-443-9241 On Thursday, September 5, 2019 we opened bids on the referenced project and received six responsive bids. The certified bid tabulation is attached for reference. A few mathematical errors were found as noted in the bid tabulation; however, these did not affect the overall order of bids. mce.us.com Boyles Construction, Inc. of Paron, AR is the low bidder with a total bid in the amount of $6,127,423.20. Of this total, the City of West Fork will be responsible for $5,870,633.60, and the City of Fayetteville will be responsible for the remaining $256,789.60, which is the difference in subtotals between Bid Schedules 1A and 1B. We have reviewed the bid and have experience with their work on several successful projects; therefore, we recommend awarding the bid to Boyles Construction, Inc. in the amount of $6,127,423.20. Please do not hesitate to call should you have any questions and as always, thank you for allowing us to be of service. Sincerely, McClelland Consulting Engineers, Inc. ;0��_40 Nicholas R. Batker, PE, CFM® Senior Project Manager/Associate Encl: Certified Bid Tabulation cc: Alan Johnson — ANRC Dean Marlin - ANRC K:\2016\162116 - West Fork Sewer Improvements\Construction Documents -Sewer Main Project\Certified Bid Tab\West Fork Sewer Main Recommendation of Award.docx • CITY OF FAYETTEVILLE ARKANSAS September 9, 2019 Sent via e-mail to: alan.johnson&arkansas.gov Alan W. Johnson Engineer, Water Resources Development Section Natural Resources Commission A Division of the Arkansas Department of Agriculture 101 East Capitol - Suite 350 Little Rock, Arkansas 72201 RE: West Fork Sewer Main to Fayetteville Project City of Fayetteville Cost Participation Mr. Johnson: The City of Fayetteville has reviewed the certified bid tabulation for the referenced project, and concurs with McClelland Consulting Engineers' recommendation to award the bid to Boyles Construction, Inc in the total amount of $6,127,423.20. Contingent on final approval by the Fayetteville City Council, the City of Fayetteville will contribute $256,789.60 towards the total contract amount to pay for the cost to upsize the proposed 15 -inch gravity sewer within the Fayetteville city limits to a 24 -inch gravity sewer. The funds for this cost participation are available for immediate use. Sino ely, , Lion d dan Mayor City of Fayetteville, Arkansas Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Capital Projects Update escription Location Contractor or Project Status Cost % No. Project DI I Engineer Complete Construction 1 Hickory/Skelton Water Line Replacement Wards 1 & 3 Tri-Star Active Construction $595,791 87% 2 Masters Lift Station Removal Ward 1 Kajacs Punchlist/Cleanup $1,102,000 82% 3 Sang Avenue/Pleasant Woods/Maple-Oliver Wards 1, 2, & 4 Kajacs Active Construction $1,458,000 51% 4 Annual Cured in Place Pipe (sewer) Contract 2019 City Wide Insituform 2019 Work Complete $528,694 96% 5 West Fork Lift Station & Sewer Lines Note: This is a West Fork project with Fayetteville cost -share Ward 1 Boyles Const.Contract Awarded $256,790 0% Engineering Design 6 Electrical Improvements for the Noland WRRF (15kV Phase) Note: "Total Cost" includes future design phases forthcoming Noland WRRF Allgeier Martin Bidding $515,049 100% 7 Benson Mtn. Water Tank Improvements Wash. Co. Hawkins -Weir Easement Acquisition $130,280 100% 8 1-49/Wedington Interchange Water & Sewer Relocations Wards 2 & 4 Burns & McD. ArDOT Review $203,269 100% 9 Morningside Dr. 24" Waterline Replacement Ward 1 McClelland Easement Acquisition $84,627 100% 10 Utility Relocations Hwy 16 Ward 1 McClelland Easement Acquisition $107,145 95% 11 Kitty Creek Sewer Line Replacement Ward 3 McClelland Easement Acquisition $250,793 95% 12 East Service Area Water System Improvements 1. Contract Section I - PSV's and PRV's 2. Contract Section 11 - Gulley Road Tank 3. Contract Section III - Gulley & Goshen Improv's 4. Township Contract - New tank, pump station, mains Wards 2 & 3, Wash. Co Olsson 1 -Health Dept. Review 2-Engr. Design 3-Engr. Design 4-Engr. Design $630,635 1-100% 2-60% 3-60% 4-60% 13 Hwy 170 Water & Sewer Relocations, Farmington Farmington Garver Engr. Design $265,975 95% 14 Waterline Replacements along S. Garland Ave. & Rolling Hills Dr. Wards 1 & 3 Garver Engr. Design $246,450 30% 15 Noland WRRF Aeration Basin Gates Noland WRRF Jacobs Engr. Design $71,150 30% 16 Annual Manhole Rehabilitaton (sewer) Contract City Wide City Engr. Design n/a 80% 17 Cultural Arts Corridor Utility Replacements - Phase 1 Ward 2 Olsson Contract Approved $122,322 0% 18 Gregg Ave./Fulbright Expy. Sewer Bypass Ward 3 Hawkins -Weir Contract Negotiation TBD 0% Engineering Studies 19 2018 Water Tank Inspections and Water Quality Analysis City Wide Garver Disinfection Byproduct$154,000 Summer Testing 85% 20 2018 Water Audit City Wide Black &Veatch Pressure Management$83,691 Investigation 95% 21 North College Water Main Replacement Evaluation Wards 2 & 3 McClelland Bond Projects Coordination $128,930 44% 22 Electrical Improvements at Water Pump Statons City Wide Allgeier Martin Electrical Analysis $46,144 71% 23 Fire Flow Improvements Within City Limits City Wide Hawkins -Weir Water Modeling $134,720 10% 24 Biosolids Master Plan BMS & WRRFs Jacobs Contract Approved $254,108 0% 25 Lake Fayetteville Spillway Study - Phase 1 Ward 3 FTN Contract Approved $63,466 0% 26 Lake Sequoyah Water Quality Improvements Ward 1 Olsson Contract Approved $114,220 0% 27 Automated Metering Infrastructure - Task 1 City Wide Jacobs Contract Pending $116,450 0% Note: % Complete for 'Under Construction' and 'Engineering Studies' represents actual invoice payments. However, for 'Engineering Design' the % Complete represents the phase of document completeness. JACOBS MONTHLY REPORT -AUGUST 2019 Jacobs Monthly Report —August 2019 PREPARED FOR: Tim Nyander COPYTO: City: Don Marr / Lynn Hyke / Cheryl Partain / Marsha Hertweck / Pam Henson / Cory Granderson / Peter Nierengarten / Water & Sewer Committee Jacobs: Steve Carpenter/ Mayo Miller/ Lisa Clancy PREPARED BY: Greg Weeks DATE: September 23, 2019 Executive Summary This monthly report is provided as an accounting of the performance of the Water Resource Recovery Facilities (WRRF) operated by Jacobs. Please review and let me know if you have any questions regarding the operation. Our appreciation goes out to the city accounting staff for providing the August electrical usage data, contained herein. We are committed in our pursuit of excellence in every scope of service that we provide and in remaining a leader in our industry. With this focus as our core philosophy, we will provide the service that continues to enrich the environment and community today, while keeping future regulations and technologies in our sights. We will be making this report more narrative around what we are doing for operations and maintenance, but will also include more information on sustainability, energy efficiency, capital programs, and community involvement. We value your feedback regarding format and content with the goal of making this report more responsive to your needs. Thank you again for your business and our trusted relationship. FAYETTEVILLE PROJECT-JACOBS JACOBS MONTHLY REPORT -AUGUST 2019 Table of Contents Jacobs Monthly Report — August 2019....................................................................................................1 ExecutiveSummary..................................................................................................................... 1 PlantOperations......................................................................................................................... 3 ProcessControl.............................................................................................................. 3 BiosolidsProcess............................................................................................................ 3 Compliance.................................................................................................................... 4 Successes....................................................................................................................... 4 Issues/Resolutions.......................................................................................................... 4 CommunityOutreach..................................................................................................... 4 Revenue......................................................................................................................... 5 Maintenance............................................................................................................................... 6 Key Performance Indicators/Measures...........................................................................7 Capital Improvement Projects (CIP)................................................................................ 7 Laboratory/Industrial Pretreatment............................................................................................8 WoolseyWet Prairie................................................................................................................... 9 Health& Safety /Training ......................................................................................................... 10 AppendixA............................................................................................................................... 12 FAYETTEVILLE PROJECT- JACOBS 2 JACOBS MONTHLY REPORT -AUGUST 2019 Plant Operations Process Control Due to a laboratory error, the Noland WRRF could not report all White River effluent CBOD5 data for the month of August. Although part of the data could not be reported for the month it is not listed as a permit violation in the discharge monitoring report. The remaining effluent discharges of both facilities were 100% in compliance with the National Pollutant Discharge Elimination System (NPDES) permit. Appendix A highlights the details of effluent quality and influent loadings. Industrial pretreatment (IPP) and operations staff responded after an industrial customer accidently spilled and discharged about 500 pounds of anhydrous ammonia into the City's collection system. According to Pinnacle Foods Corporation (PFC), "On the morning of Friday, August 9, 2019, an ammonia - cooled freezer plate malfunctioned, resulting in a release of liquid ammonia inside the freezer. The ammonia went down the drain and comingled with plant wastewater in the 270,000 -gallon equalization tank. A small portion of the ammoniated wastewater was discharged to the City POTW to avoid a tank overflow at the plant. The duration of the ammoniated wastewater release was approximately two hours, from 3:30 AM to 5:30 AM on August 9, 2019. Currently the facility is working through the Preventative Maintenance (PM) process to identify opportunities for improvement within the system." A Notice of Violation was issued to PFC for "Reported Slug Load - No Harm". Operations diverted plant discharge to the effluent pond and all incoming flow to the influent pond. The ammonia concentration in the bio process and influent were monitored until levels returned to normal. The initial high ammonia loading was contained, and the remaining higher concentrations were able to be effectively treated due to the immediate notification from the industrial customer. If notification had not been initiated, the plant would have experienced a process upset, as we have seen in the past to re -seed the biological process. The impact from this event resulted in additional staff hours, testing supplies, and treatment costs of treating the flow diverted to the storage ponds. The Noland plant stayed 100% in compliance during the event. The period from June through September is the most restrictive permit compliance season for both Noland and West Side WRRF's. The Noland facility is utilizing both aeration basins for extended aeration, which aids in breaking down the more complex carbon compounds that could raise the effluent CBOD5 concentration after ozonation. The West Side operation continues to function at a high level of efficiency and neither facility has had any problems meeting permit compliance. Summer peak load shedding continues through the end of September. This process has historically saved the City of Fayetteville greater than $250,000 in electrical costs annually. This summer with the addition of the solar project the net savings from both will need to be determined. While initiating load shedding a mainline fuse malfunctioned causing the Noland facility to lose a power phase effecting much of the equipment in the facility. Ozarks Electric and Skyline responded and repaired the failed fuse. There was no impact on load shedding for the month. Due to low influent flows during the dry summer months clarifier effluent was recycled back through the treatment process using filter cell #1. This was done to maintain sufficient flow through both bioreactors while maintaining pond inventory. Biosolids Process During the month of August, the WRRF's produced 1,706 wet tons of biosolids, with approximately 438 tons sent to the solar houses prior to thermal drying, and 1268 wet tons processed directly through the FAYETTEVILLE PROJECT- JACOBS JACOBS MONTHLY REPORT -AUGUST 2019 thermal dryer. The biosolids drying operation saved an estimated $50,454 in disposal costs this month, compared to landfill disposal. Compliance Samples were collected on August 7th for the 60 -day biosolids fertilizer compliance. The samples are tested for fecal coliform, percent dry solids, and CFR 503 regulated metals content. The results of these tests demonstrated compliance to the State and Federal regulations governing biosolids processing and the continued classification of exceptional quality Class A fertilizer providing the highest quality biosolids fertilizer for the City of Fayetteville customers. Successes Hay harvest continued this month and 1,020 round bales have been gathered from approximately 182 acres. Total weight is estimated at 380 tons. The 182 acres produced 5.6 bales per acre or approximately 2.7 tons of hay per acre. Crude protein ranged from 8.4 to 16.8. Seven of the eight forage samples were above 12.20 crude protein. Relative Forage Quality (RFQ) ranged from 75 to 142. Seven of the eight forage samples were above 90 RFQ. Many cattle producers prefer forage with a crude protein of 10 or higher and RFQ at least 90. A total of 1.19 million gallons of effluent irrigation was applied at BMS, reducing discharge into the White River. Sigma Thermal completed an annual inspection of the thermal dryer heating unit. The inspection included emissions testing, fuel/air ratio balancing, active safety device function, and overall unit performance. No issues were discovered. Issues/Resolutions Rainfall for August was 6.11 inches allowing BMS staff to land apply only 401 tons of WTR. The eleven days of rainfall for the month was the primary reason for the reduced WTR application for August. On August 12=h, 16.13 tons of solar house biosolids was transferred to area landfills due to septic odors. BMS staff hauled 61.07 tons of City of Fayetteville Vactor Truck solids from the Noland WRRF to area landfills with tipping fee costs of $2,574. FAYETTEVILLE PROJECT-JACOBS JACOBS MONTHLY REPORT—AUGUST 2019 Community Outreach A tour of the thermal dryer and associated equipment was provided to Future Fuel, a company out of Batesville Arkansas. Future Fuel is a chemical manufacturing facility specializing in a wide assortment of unique chemicals including alternative fuels. Future Fuels operates a biologic water treatment system at their facility and would like to incorporate dewatering and drying technologies to their system. Revenue Table 1: Revenue Generated from the BMS U of A engineering students from the Fulbright Scholars toured West Side in August, representing 20 different countries. Tons Sold/Received Revenue Hay 275 $13,631 Fertilizer 251 $5,018 Water Treatment Residuals 401 $12,678 Revenue Generated from the BMS $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 Je��eto`��ec,e��ec �o Oe Monthly —6—Cumulative Year to Date Figure 1: Revenue Generated from the BMS via Hay, Fertilizer, and WTR FAYETTEVILLE PROJECT- JACOBS 5 Maintenance West Side An anaerobic sub mixer was found to be defective after causing a circuit breaker to trip. The unit was replaced with a rebuilt critical spare. A hole was found worn into the bottom of the grit classifier. A contractor was hired to complete the repair and the grit classifier was successfully put back into service. Noland Maintenance completed the installation and shaft alignment procedure of two aerator gear boxes and motors finalizing the 2019 aerator rebuilds. A new alum pump was removed, re -piped, and installed. Lift Stations A pump that failed at LS 52 Broyles Avenue was found to have experienced an internal short and was sent to an authorized repair facility for evaluation. A faulty indicator switch on the pump 6 main control valve at LS 7 Hamestring was repaired. P& - ID" JACOBS MONTHLY REPORT—AUGUST 2019 West Side sub mixer replacement FAYETTEVILLE PROJECT- JACOBS 6 JACOBS MONTHLY REPORT -AUGUST 2019 Key Performance Indicators/Measures Figure 2: Total number of work orders completed in August - 2338 Figure 3: Total labor hours worked per work order type. In the month of August more time was spent performing reactive tasks, which are accounted for in three different types: Corrective Maintenance Emergency, Corrective Maintenance Non -Emergency and Corrective Maintenance from PM/PdM. All other WO types are proactive. Capital Improvement Projects (CIP) Approval for just over $100,000 of CIP work was received from City Council on the Noland odor scrubber pump, BMS critical spare mole, and West Side blower rebuilds. A total of four CIP purchase orders were issued and three projects are being evaluated for budget scope, while ten projects have been deferred to 2020. Lift Stations LS 12 Farmington Double Springs Road $37,500 in project work has been completed. FAYETTEVILLE PROJECT- JACOBS 7 JACOBS MONTHLY REPORT -AUGUST 2019 Nearly $70,000 of CIP work will be presented to the Water & Sewer Committee for review of the LS 7 Hamestring pump rebuild and LS19 Mally Wagon baffle -plate installation. West Side New autosamplers were delivered for the West Side influent and Goose Creek effluent sample locations and are being scheduled for SCADA communication installation. The repair of the sweep arm and installation of the rebuilt gearbox for the grit and scum removal unit at the West Side WRRF is well under way and expected to be completed in the first part of September. The West Side WRRF biological unit electrical conduit and box repair is also under way with a September completion date. An upcoming capital improvement project at West Side involves the installation of two rebuilt sludge wasting tank blowers. Noland The Noland east basin has been brought online with four rebuilt aerator gearboxes and motors. The influent pump station #1 pump and motor are scheduled for installation next month. Laboratory/Industrial Pretreatment Third quarter industrial surcharge samples were collected from Tyson, Pinnacle Foods, and Hiland Dairy and analyzed for pH, biochemical oxygen demand, total suspended solids, total dissolved solids, total phosphorus, oil & grease, chloride, and sulfate. Resampling occurred for the BOD samples due to an analytical equipment failure in the lab. All data results were normal and copies of the data reports from this sampling event were sent to the industries to verify data and report compliance. Due to equipment failure of the benchtop dissolved oxygen probe used in the analysis of biochemical oxygen demand, Goose Creek samples for BOD were sent to a contract laboratory, Geotechnical and Testing Services, Incorporated (GTS). A contract lab review checklist was completed, which verified the quality assurance program and certification required. A new BOD probe was installed and equipment performance was validated. A Notice of Violation (NOV) was issued to Elkhart Products (EPC) in violation of their monthly average for chromium. The monthly average permit limit is 0.01 lbs/day chromium and EPC discharged a monthly average of 0.02 lbs/day in June. EPC investigated the cause of the of the elevated results and found that high citric levels were leaching chromium from the stainless shot in the polishing bowls of the cleaning lines. They have implemented new pump limits for citric levels of the cleaning lines. July data was within compliance limits. Data was compiled from across the region and state of waste hauler fees and forwarded to water and sewer at the request of the city in preparation of a rates study. In Fayetteville, from January -July 2019, Noland WRRF received 183 loads, with an average of 1327 gallons per load from 3 haulers. Procedures are being considered that would require haulers to reapply and pay an annual fee. Currently, if a hauler brings at least one load of waste per year, they rollover to the next year as an existing customer and are not required to pay a fee. A new hauler,White River Environmental Services, has been approved to discharge septic tank and portable toilet wastes to the Noland WRRF. The National Association of Clean Water Agencies (NACWA), Water Environment Federation (WEF), California Association of Sanitation Agencies (CASA), and other associations began a project last year to develop a better understanding of the real costs of wipes in wastewater collection and treatment systems. NACWA provided a spreadsheet to obtain capital and operating costs directly relating to wipes. Operations and maintenance helped with the completion of the spreadsheet which was submitted back to them. NACWA is working on building a website that will have templates and examples of what tools utilities have used for public education and cost assessment. FAYETTEVILLE PROJECT- JACOBS JACOBS MONTHLY REPORT—AUGUST 2019 Monthly surcharge and waste hauler reports were completed and sent to the City for billing. For revenue generated from the IPP, see Table 2 and Figure 4. Table 2: Revenue Generated from the IPP Revenue Generated Industrial Pretreatment Program $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 Jai c�a� atr Qat\ �aJ �J�e ��\� �Jy� pec o�et met pec cue � p Monthly Surcharge Fees plus Hauled Waste Fees tCumulative Fees Figure 4: Revenue generated from IPP via surcharges, fees, and fines Woolsey Wet Prairie Treatment of high priority invasive species remained the focus throughout August. Spot applications were completed for control of Sericea lespedeza and small carpetgrass. September should mark the end of the treatment season for these target species as plants develop inflorescence, or flowers, prior to seed development. August and September mark the summer's last opportunity to control as many plants as possible for minimizing seed development and potential germination in future years. Senior U of A architecture students, under the guidance of Dr. Carl Alan Smith, visited the project this month as part of their graduation capstone project. The architecture students will develop a landscape site program that seeks to address the future conservation easement to include elements such as trail extensions, public art works, Low Impact Development (LID) parking, and visitor Revenue Surcharges on July data $83,432.38 Fees from hauled waste accepted in August $1,450.00 Other Fees paid in July $0.00 Fines assessed in July $0.00 Violations on August data Zero violations for all industrial users Revenue Generated Industrial Pretreatment Program $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 Jai c�a� atr Qat\ �aJ �J�e ��\� �Jy� pec o�et met pec cue � p Monthly Surcharge Fees plus Hauled Waste Fees tCumulative Fees Figure 4: Revenue generated from IPP via surcharges, fees, and fines Woolsey Wet Prairie Treatment of high priority invasive species remained the focus throughout August. Spot applications were completed for control of Sericea lespedeza and small carpetgrass. September should mark the end of the treatment season for these target species as plants develop inflorescence, or flowers, prior to seed development. August and September mark the summer's last opportunity to control as many plants as possible for minimizing seed development and potential germination in future years. Senior U of A architecture students, under the guidance of Dr. Carl Alan Smith, visited the project this month as part of their graduation capstone project. The architecture students will develop a landscape site program that seeks to address the future conservation easement to include elements such as trail extensions, public art works, Low Impact Development (LID) parking, and visitor Monarch Butterfly on swamp milkweed, West Side bioswale entrance FAYETTEVILLE PROJECT- JACOBS 9 Loll imp. - ' Y al, • Monarch Butterfly on swamp milkweed, West Side bioswale entrance FAYETTEVILLE PROJECT- JACOBS 9 JACOBS MONTHLY REPORT—AUGUST 2019 interpretations. Jeff Hickle, Jacobs Environmental Specialist, and Marson Nance, NWA Land Trust, toured the students through the landscape areas, providing a unique insight into the diverse ecology and natural history of the site. U of A architecture students tour WRRF landscape areas with Marson Nance and Dr. Carl Alan Smith Health & Safety/ Training Fayetteville continues in a progressive direction with the safety program. The safety team strives to always bring safety awareness and training to all associates within the Fayetteville project. August was fall protection awareness for Fayetteville. An outside training vendor held a fall restraint and rescue class for the Scada and maintenance staff. Fall Protection training included a Climbing Exercise W Jacobs team members demonstrate a Rescue Exercise during Fall Protection training FAYETTEVILLE PROJECT- JACOBS 10 JACOBS MONTHLY REPORT—AUGUST 2019 Lock Out/Tag Out training was administered to BMS and maintenance, which covered permit requirements and qualifications for the process. The project had no incidents during the month and three safety work orders where completed. The project is currently operating at 100% safety compliance. The chart shown in Figure 5 is comprised of five different safety components utilized by the Fayetteville project. The water industry quarterly report (IR) is derived from the Bureau of Labor Statistics and it provides statistics from OSHA. The Safe Observation Reports (SOR) are completed weekly by all project management. Year to date, the project has completed 97% of 836 training courses and the safety committee has completed 35 inspections. Safety ■ SOR ■ Inspections ■ Raordable ■ Industry IR ■Training Figure 5 Donna attended the Northwest District meeting of the Arkansas Water Environment Association in Siloam Springs, which included training sessions on nutrient removal and arc flash safety. Ashley attended the Region VI Pretreatment Association's 35th Annual Pretreatment Conference in Denton, Texas. Topics ranged from pretreatment 101 to dental amalgam and hazardous waste pharmaceuticals. FAYETTEVILLE PROJECT- JACOBS 11 JACOBS MONTHLY REPORT -AUGUST 2019 Appendix A Table 3: White River Effluent Characteristics Permit ust "MMML�=O� 0.1 August ® 8.0 2.5 164 1.3 84 0.1 6.8 0.1 ® 7.0 3.2 178 2.5 139 0.1 7.3 0.1 ® 10.6 3.3 279 3.5 293 0.2 16.2 0.1 ® 7.9 3.2 210 3.2 210 0.2 14.9 0.1 �Ww 2.6 _V -M____ MMM&I 200 10 14.5 7.2 7.5 7 ----616 6 13.4 7.2 7.4 56 - 4.2 MR -- 9 15.6 7.4 7.6 84 ----- 6 15.0 7.3 7.8 93 7.5 3.1 196 2.3 150 0.2 11.9 0.1 10 14.4 7.3 7.6 63 Table 4: White River Effluent Characteristics - Minerals 500 52,542]ll 119 12,505 report report 320 21,298 64 ._ 3,523 3 143 320 24,152 60 3,643.-- 340 19,323 65 3,047 3 150 3MFEPF,FP_1MM 60 3,81MEEEEEEEE 331 28,521 57 4,906 5 413 335 ]LMJ9,449 59 3,19M-- 337 22,226 51 2,680 8 436 395 '9,082 70 2,39M -- ME --- 338 21,478 61 3,402 4 239 FAYETTEVILLE PROJECT- JACOBS 12 JACOBS MONTHLY REPORT -AUGUST 2019 Table 5: Goose Creek Effluent Characteristics _ 42.0 834 1. moo 11.1 1.8 154.6 1.0 85 0.1 9.2 0.1 11,435 9.5 1.9 145.2 1.0 76 0.1 7.8 0.2 10,825 11.9 2.3 224.0 1.0 101 0.2 17.0 0.19 __W8_2.5 W__Mr 0.13 8.1 1.8 122 1.0 68 0.4 28.0 0.1 _77=�jj,123.2 1.0''Wt2 _�_ 0.23 _Aim I Aril 9.9 1.9 157.8 1.0 82 0.2 15.5 0.2 Monthly Average Flow (MGD) 12.6 8.9 8.2 7.4 7.3 8.7 5.6 6.9 . 6.0 a& 21L 9.5 10.8 7.2 7.5 5 �" 10.8 7.1 1_- 19.1 10.7 7.2 7.5 5 �m 10.0 ■��_- 22.6 9.5 7.2 7.8 9 -p 9.2 ■ _- 7 8.7 7.3 7.7 6 19.3 8.3 7 j Ilk �m 'qlmI 14.0 9.8 7.3 7.6 7 Table 6: Paul R. Noland Influent Characteristics 59.5% 29,666 23,198 19,046 64.2% 11,435 16,487 55.6% 10,825 15,661 52.8% 9,679 14,998 50.6% 10,861 15,809 53.3% 12,411 13,546 JM 12,990 13,974 47.1% 9,796 15,659r 52.8% PO4 Loading (lbs/d) lb 49.3% 229 30.0% 46.7%jr 290r-'38.0% 41.7% 210 27.4% 46.8%.IL 26MI 34.3% 53.5% 247 32.3% 6.0° Z��P 41.6% 42.2% 189 24.7% -�� 36.4% 15,648 52.7% 11,116 47.9% 253 33.1% FAYETTEVILLE PROJECT- JACOBS 13 JACOBS MONTHLY REPORT—AUGUST 2019 Table 7: West Side Influent Characteristics 14,595 13,481 92.4% 12,641 86.6% 11,722 80.3% 12,015 82.3% 11,025 75.5% 9,131 62.6% 10,322 70.7% 12,5=1 86.2% '0I FAYETTEVILLE PROJECT- JACOBS 14,595 16,189 110.9% 12,621 86.5% 13,206 90.5% 15,578 106.7% 13,044 89.4% 12,273 84.1% 10,777 73.8% -= 102.9% PO4 Loading (lbs/d) _j1kL 584 229 214 213 314 224 170 168 178 214 PO4 Loading ercentof Design 39.2% 36.6% 36.5% 53.8% 38.4% 29.0% 28.8% 30.6% 36.6% 14 JACOBS MONTHLY REPORT—AUGUST 2019 Table 8: Monthly Energy Usage and Expenditure NOTE: August costs are not accurately reflecting the impact of the solar project. Effort to interpret the total cost are underway FAYETTEVILLE PROJECT- JACOBS 15 Million Cost per 2018 kWh Electric Cost CCF Gas Cost Gallons Total Cost Million Gallons Noland 855,600 $44,057.46 24,190 $18,961.33 215.1 $63,018.79 West Side 520,800 $30,195.96 1,655 $1,436.06 237.9 $31,632.02 Hamstring 1 135,600 1 $9,822.59 1 1 1 $9,822.59 Totals 1,512,000 $84,076.01 25,845 $20,397.39 452.9 $104,473.40 $230.66 FAYETTEVILLE PROJECT- JACOBS 15 Million Cost per 2019 kWh Electric Cost CCF Gas Cost Gallons Total Cost Million Gallons Noland 787,200 $ 17,269.17 22,950 $17,292.11 171 $34,561.28 West Side 453,600 $5,423.35 2,353 $1,979.68 241 $7,403.03 Hamstring 1 168,600 1 $5,409.49 1 1 1 1 $5,409.49 Totals 1,409,400 $28,102.01 25,303 $19,271.79 412 $47,373.80 $115.10 FAYETTEVILLE PROJECT- JACOBS 15 Million Cost per Variance kWh Electric Cost CCF Gas Cost Gallons Total Cost Million Gallons Noland (68,400) -$26,788.29 (1,240) -$1,669.22 (44) -$28,457.51 West Side (67,200) -$24,772.61 698 $543.62 3 -$24,228.99 Hamstring 1 33,000 1 -$4,413.10 1 - 1 $0.00 1 - 1 -$4,413.10 Totals (102,600) -$55,974.00 T -542 -$1,125.60 -41 -$57,099.60 FAYETTEVILLE PROJECT- JACOBS 15 JACOBS MONTHLY REPORT -AUGUST 2019 Table 9: Labor Status Admin Area Manager Employee Fayetteville% Department Titl Name FTE Admin Area Manager Greg Weeks 95.00% Admin Assistant Project Manager VACANT 60.00% Admin - SCADA SCADA Supervisor Mayo Miller 100.00% Admin - Operations Operations Manager Tim Luther 100.00% Admin - Operations Operations Supervisor VACANT 80.00% Admin Environmental Specialist Jeff Hickle 100.00% Admin Health, Safety, Compliance Professional Wes Cloud 70.00% Admin Project Coordinator Michelle Strange 70.00% Admin Administrative Assistant Brandi Miller-DeWeese 100.00% Admin Administrative Assistant VACANT 100.00% BMS Lead Operator Jerry Genz 100.00% BMS Lead Operator John Tenberge 100.00% BMS Administrative Assistant Christy Taylor 100.00% BMS Equipment Operator Johnnie Deason 100.00% BMS Equipment Operator Anthony DeJesus 100.00% BMS Equipment Operator David Swaffar 100.00% BMS Equipment Operator Rick Witherspoon 100.00% BMS Equipment Operator Chris Howard 100.00% BMS Operator David Dajani 100.00% BMS Operator In Training Ben Shondelmyer 100.00% BMS Operator In Training Pete Burrow 100.00% BMS Operator In Training Charles Hammons 100.00% LAB Admin - Lab/IPP Thom Vinson 80.00% LAB Industrial Pretreatment Coordinator Ashley Gregg 100.00% LAB Lead Laboratory Analyst Nicholas King 100.00% LAB Laboratory Analyst Donna McChristian 100.00% LAB Laboratory Analyst Matt Benton 100.00% Maint Maintenance Supervisor Jeremy LaCoe 100.00% Maint Administrative Assistant Judi Sample 50.00% Maint Lead Mechanic Brian Daniels 80.00% Maint Lead Electrician Tim Marr 100.00% Maint Mechanic Kevin Inkster 100.00% Maint Mechanic Buddy Carter 100.00% Maint Mechanic Steve Cook 100.00% Maint Mechanic Michael Spohn 100.00% Maint Mechanic Philip Beach 100.00% Maint Mechanic In Training David Abbott 100.00% Operations Operations Supervisor Paul Frisbie 100.00% Operations Lead Operator Austin Ramsfield 100.00% Operations Operator Anthony Ramsfield 100.00% Operations Operator Shawn Santellanes 100.00% Operations Operator Travis Patton 100.00% Operations Operator In Training John Hatch 100.00% FAYFTTFVILLF PROJECT-JACOBS 16 JACOBS MONTHLY REPORT -AUGUST 2019 Operations Operator Justin Sweeney 100.00% Operations Operator Matt White 100.00% Operations Operator In Training Taylor Hensley 100.00% Operations Operator In Training Madeline Graham 100.00% SCADA Instrument & Control Tech Pat Cooley 92.00% Authorized Positions= 47.5 Filled Positions= 45.0 Filled FTE's= 43.1 TEMPS BMS Engineering Intern, U of A VACANT 100.00% Maint Engineering Intern, U of VACANT 100.00% Admin Engineering Intern, U of A Summer Wilkie 100.00% FAYETTEVILLE PROJECT-JACOBS 17