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2022-04-12 - Agendas - FinalCITY OF 9im FAYETTEVILLE 4VARKANSAS MEETING AGENDA Water, Sewer, and Solid Waste Committee 12 April 2022 5:30 P.M. (Or immediately following City Council Agenda Session) This is a Virtual Meeting Committee: Council Member Teresa Turk, Council Member Sloan Scroggin, Council Member D'Andre Jones, Council Member Mike Wiederkehr Copy to: Mayor Lioneld Jordan, Paul Becker, Kara Paxton, Susan Norton, Chris Brown, Alan Pugh, Terry Gulley, Peter Nierengarten, Jeff Coles, Brian Pugh, Andrea Foren, Mark Rogers, Corey Granderson, Aaron Watkins, Greg Weeks, Monty Sedlak, Anna White, Prabha Kumar, Rupa Jha, Giovanna Rivera Montoya From: Tim Nyander, Utilities Director CALL TO ORDER ROLL CALL UPDATES OLD BUSINESS: 1. Rate Study Presentation — Black & Veatch Per the Committee's request, Black & Veatch will present additional rate study information on rate structure options, rate schedules, implications on water conservation, and the typical bill impact. 2. Biosolids Drying Update The Committee will be given an update on the progress of installing drying as a service, including the formal agreement for drying, and the estimated up -front costs to be borne by the City of Fayetteville. NEW BUSINESS: 3. Bid Results on Skyler Place Subdivision Water Service Connections Replacement This project will remove and replace HDPE water service lines that frequently leak and require repairs in W. Skyler Dr., N. Willowbrook Dr., and N. Evening Shade Dr. The lines will be replaced with copper meeting current city specifications which should drastically reduce leaks and maintenance in this neighborhood. This project will replace 57 Service lines, serving approximately 114 residential units. On April 5, 2022, the City of Fayetteville accepted sealed competitive bids for the Skyler Subdivision Water Service Line Replacement project. Goodwin & Goodwin, Inc. submitted the lowest bid. All bids are shown here: Goodwin & Goodwin, Inc. $603,630.00 Goins Enterprises, Inc. $779,770.00 Staff recommends awarding Bid #22-26 and approving a construction contract with Goodwin & Goodwin, Inc. in the amount of $603,630.00 for removal and replacement of water service lines in the Skyler subdivision. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR 4. Act 605 for Retail Water Providers and the Training Requirements Act 605 of the General Assembly provides oversight of retail water providers and is primarily handled by the Arkansas Natural Resources Commission and the Department of Health. One of the requirements of the Act is that within one year of appointment, a majority of the members of a provider board shall receive a minimum of 8 hours training. If the majority of the members of a provider board do not receive the required training the provider may be subject to the conditions of Fiscal Distress. INFORMATION ONLY 5. Township Tank Agreement with Verizon Wireless The City of Fayetteville entered into a Tower Attachment Lease Agreement dated October 26, 1994, to allow Verizon to attach communications equipment on the current Township water tank located at 1044 East Township Street. The City's contractor will finish construction on the new Township water tank by the end of 2022. Verizon is requesting a new agreement to place communications equipment on the new Township water tank. City staff negotiated a fair market rental price of $3,000.00 per month. The new agreement will have a 10% increase per 5-year renewal term. The $3,000 monthly payments from Verizon will commence when they install their equipment after the new water tank construction is complete. 6. Overview of WWTP Monthly Report February's Monthly WWTP Report PRESENTATIONS Presentation of Rate Study Options Presentation of February's Monthly WWTP Report ATTACHMENTS Rate Study Options — Black & Veatch Estimated Dryer Installation Costs Skyler Vicinity Map Skyler Agreement Skyler Bid Tab Act 605 of the General Assembly Training Curriculum for Water Providers Verizon Preliminary Lease Agreement February WWTP Report — Jacobs ADJOURN Next Water, Sewer, Solid Waste Committee meets on Tuesday, May 10, 2022, at 5:30 p.m. Fayetteville Water & Sewer Rate Study April 12, 2022 Anna White Principal Consultant 0s BLACK&VEATCH Agenda Rate Structure Options Typical Bill Impact Rate Schedules • Rate Structure Implications on Water Conservation Black & Veatch Rate Structure Options Black & Veatch Rate Design • Rate Setting Principles: • Equitable Cost Recovery • Revenue Stability • Appropriate Price Signals • Nexus with Customer Usage Patterns & Demands • Easy to Understand and Administer • Customer Acceptance • Consistent with City Policies • Legally Acceptable / Defensible Benefits to Customers: A schedule of proposed rates that are defensible, appropriately recover costs, and easy to understand by stakeholders Rate Design Develop COS Rates Scenario 1 Planning Develop Practical Rates Proposed T Rates J� Black & Veatch What have we done with the Rate Structure? Removed minimum usage requirement Principles: Equitable Cost Recovery; Appropriate Price Signals; Easy to Understand z-. Adjusted the fixed service charges Principles: Equitable Cost Recovery; Revenue Stability 3. Reviewed volume rate structure Principles: Equitable Cost Recovery; Appropriate Price Signals; Easy to Understand Black & Veatch Rate Structure Options Evaluated Removed minimum usage requirement Applicable to all rate options Adjusted the fixed service charges Option 1: Maximum of 2022 Existing and Cost of Service Option 2: Maximum of 2022 Rates or Cost of Service Option 3: Midway between 2022 Rates and Cost of Service Reviewed volume rate structure ➢ Changed Declining Block rate structure to Uniform rate Each class recovers its own adjusted cost of service in all options Black& Veatch Water Rate Structure Options Evaluated Option 1 Service Charge: • Max of 2022 existing and Cost of Service Usage Rate: • Eliminate minimum volume • Maintain existing volume tiers • Change declining block to uniform Option 2 Service Charge: • Max of 2022 and Cost of Service (no change from Option 1) Usage Rate: • Eliminate minimum volume (no change from Option 1) • Change all declining blocks to Uniform volume Option 3 Service Charge: • Midway between 2022 and Cost of Service Usage Rate: • Eliminate minimum volume (no change from Proposed) • Change all declining block to Uniform volume All Classes All Classes All Classes except Irrigation Irrigation All Classes All Classes Non-residential All Classes All Classes Non-residential Black & Veatch Sewer Rate Structure Options Evaluated Option 1 Service Charge: • Max of 2022 existing and Cost of Service All Classes Usage Rate: • No change All Classes Option 2 Service Charge: • Max of 2022 and Cost of Service (no change from Option 1) All Classes Usage Rate: Change all declining blocks to Uniform volume Wholesale Option 3 Service Charge: Midway between 2022 and Cost of Service All Classes Usage Rate: • Change all declining block to Uniform volume Wholesale Black & Veatch Typical Bill Impact Black & Veatch Comparison of Cost of Service with Revenue Under Existing Rates WATER Inside City 1 Residential 10,540,500 11,001,700 100.0% -4.2% -460,100 2 Non -Residential 4,056,000 3,476,000 90.9% 6.1% 210,900 3 Industrial 1,575,800 1,196,700 80.7% 6.3% 75,500 4 Irrigation 1,272,300 1,431,200 100.0% -11.1% -158,700 5 Subtotal 17,444,600 17,105,600 96.2% -1.9% -332,400 Outside City 6 Residential 2,838,000 2,614,600 100.0% 8.6% 223,800 7 Non -Residential 417,200 328,200 91.6% 16.4% 53,900 8 Irrigation 168,400 173,400 100.1% -2.8% -4,900 9 Subtotal 3,423,600 3,116,200 99.0% 8.8% 272,800 Private Fire 10 Inside City 279,900 967,600 345.7% 0.0% 0 11 Outside City 8,200 27,100 330.5% 0.0% 0 12 Subtotal 288,100 994,700 345.3% 0.0% 0 Wholesale 13 Elkins 238,500 216,200 100.0% 10.3% 22,200 14 Mount Olive 198,300 179,800 100.0% 10.3% 18,500 SEWER 4 Inside City 1 Residential 14,792,800 16,719,800 -11.5% -1,929,600 2 Non -Residential 4,426,300 3,926,200 12.7% 498,700 3 Industrial 2,294,200 1,890,100 21.2% 401,400 4 Subtotal 21,513,300 22,536,100 -4.6% -1,029,500 Outside City 5 Residential 1,496,800 1,242,000 20.0% 247,900 6 Non -Residential 180,000 160,400 20.6% 33,100 7 Industrial 0.0% 8 Subtotal 1,676,800 1,402,400 20.0% 281,000 Wholesale 9 Elkins 583,600 419,500 39.0% 163,800 10 West Fork 328,700 236,200 39.1% 92,300 11 Subtotal 912,300 655,700 39.1% 256,100 12 Surcharge 1,326,400 834,600 58.9% 491,800 13 Total 25,428,800 25,428,800 0.0% -600 15 West Fork 207,500 188,100 100.0% 10.3% 19,400 16 RDA/WWA 0 0 0.0% 0.0% 17 Subtotal 644,300 584,100 100.0% 10.3% 60,100 Proposed rates help to mitigate Cost of Service indicated revenue increases shown in Column 5 18 Total 21,800,600 21,800,600 100.0% 0.0% 500 Black & Veatch J Inside City Bill Impacts Residential: Low, Medium, High Non -Residential: Low, High Industrial: Low, High Irrigation: Low, High Typical Bill Impact: Inside City Residential Customers Low Usage Inside City Residential: 3/4" Meter, 2,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 13.61 $ 13.19 $ (0.42) $ 13.19 $ (0.42) $ 12.63 $ (0.98) Sewer $ 26.98 $ 25.06 $ (1.92) $ 25.06 $ (1.92) $ 22.99 $ (3.99) Total $ 40.59 $ 38.25 $ (2.34) $ 38.25 $ (2.34) $ 35.62 $ (4.97) Medium Usage Inside City Residential: 3/4" Meter, 4,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 22.89 $ 21.93 $ (0.96) $ 21.93 $ (0.96) $ 21.79 $ (1.10) Sewer $ 38.58 $ 34.10 $ (4.48) $ 34.10 $ (4.48) $ 33.95 $ (4.63) Total $ 61.47 $ 56.03 $ (5.44) $ 56.03 $ (5.44) $ 55.74 $ (5.73) High Usage Inside City Residential: 3/4" Meter,10,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 50.73 $ 48.15 $ (2.58) $ 48.15 $ (2.58) $ 49.27 $ (1.46) Sewer $ 73.38 $ 61.22 $ (12.16) $ 61.22 $ (12.16) $ 66.83 $ (6.55) Total $ 124.11 $ 109.37 $ (14.74) $ 109.37 $ (14.74) $ 116.10 $ (8.01) Option 1 No change in service charge Decrease in volume charge Option 2 (Same as Option 1) No change in service charge Decrease in volume charge Option 3 Decrease in service charge Decrease in volume charge, but not as much as Options 1 and 2 Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black & Veatch Typical Bill Impact: Inside City Non -Residential Low Usage Inside City Non -Residential: 3/4" Meter,10,000 Gallons Per Month Consumption • Option 1 Existing Option 1 Change Option 2 Change Option 3 Change Water $ 44.49 $ 46.99 $ 2.50 $ 45.89 $ 1.40 $ 45.51 $ 1.02 No change in service charge Sewer $ 62.28 $ 69.28 $ 7.00 $ 69.28 $ 7.00 $ 67.27 $ 4.99 Increase in volume charge Option 2 Total $ 106.77 $ 116.27 $ 9.50 $ 115.17 $ 8.40 $ 112.78 $ 6.01 Medium Usage Inside City Non -Residential: 1" Meter,100,000 Gallons Per Month Consumption No change in service charge Existing Option 1 Change Option 2 Change Option 3 Change Water $ 388.14 $ 413.14 $ 25.00 $ 402.14 $ 14.00 $ 406.78 $ 18.64 Water volume charge change to uniform Sewer $ 463.74 $ 533.74 $ 70.00 $ 533.74 $ 70.00 $ 546.97 $ 83.23 Option 3 Total $ 851.88 $ 946.88 $ 95.00 $ 935.88 $ 84.00 $ 953.75 $ 101.87 High Usage Decrease in service charge Inside City Non -Residential: 2 Meter, 500,000 Gallons Per Month Consumption Water volume charge change to uniform Existing Option Change Option Change Option Change Water $ 1,498.20 $ 1,597.20 $ 99.00 $ 1,595.20 $ 97.00 $ 1,614.43 $ 116.23 Sewer $ 2,255.43 $ 2,605.43 $ 350.00 $ 2,605.43 $ 350.00 $ 2,679.30 $ 423.87 Total $ 3,753.63 $ 4,202.63 $ 449.00 $ 4,200.63 $ 447.00 $ 4,293.73 $ 540.10 Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black& Veatch Typical Bill Impact: Inside City Industrial Low Usage • Option 1 Inside City Industrial: 4" Meter, 600,000 Gallons Per Month Consumption No change in service charge Existing Option 1 Change Option 2 Change Option 3 Change Water $ 1,865.50 $ 1,973.50 $ 108.00 $ 1,973.50 $ 108.00 $ 1,960.95 $ 95.45 Increase in volume charge Sewer $ 3,038.13 $ 3,638.13 $ 600.00 $ 3,638.13 $ 600.00 $ 3,617.89 $ 579.76 • Option 2 (Same as Option 1) Total $ 4,903.63 $ 5,611.63 $ 708.00 $ 5,611.63 $ 708.00 $ 5,578.84 $ 675.21 High Usage Inside City Industrial: 6" Meter,1,500,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 4,618.99 $ 4,888.99 $ 270.00 $ 4,888.99 $ 270.00 $ 4,858.72 $ 239.73 Sewer $ 7,485.39 $ 8,985.39 $ 1,500.00 $ 8,985.39 $ 1,500.00 $ 8,937.35 $ 1,451.96 Total $ 12,104.38 $ 13,874.38 $ 1,770.00 $ 13,874.38 $ 1,770.00 $ 13,796.07 $ 1,691.69 No change in service charge Increase in volume charge • Option 3 Decrease in service charge Increase in volume charge Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black& Veatch Typical Bill Impact: Inside City Irrigation Low Usage • Option 1 Inside City Irrigation: 1" Meter, 50,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 261.14 $ 223.64 $ (37.50) $ 223.64 $ (37.50) $ 227.78 $ (33.36) High Usage Inside City Irrigation:1.5" Meter, 400,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 1,980.93 $ 1,731.93 $ (249.00) $ 1,731.93 $ (249.00) $ 1,767.90 $ (213.03) No change in service charge Decrease and volume charge change to uniform • Option 2 (Same as Option 1) No change in service charge Decrease and volume charge change to uniform • Option 3 Decrease in service charge Decrease and volume charge change to uniform Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black& Veatch C e .1 Comparison of Cost of Service with Revenue Under Existing Rates WATER s s s Inside City 1 Residential 10,540,500 11,001,700 100.0% -4.2%-460,100 2 Non -Residential 4,056,000 3,476,000 90.9% 6.1% 210,900 3 Industrial 1,575,800 11196,700 80.7% 6.3% 75,500 4 Irrigation 1,272,300 1,431,200 100.0% -11.1%-158,700 5 Subtotal 17,444,600 17,105,600 96.2% -1.9%-332,400 Outside City 6 Residential 2,838,000 7 Non -Residential 417,200 8 I rrigatic 9 Subtotal n 168,400 2,614,600 100.0% 8.6% 223,800 328,200 91.6% 16.4% 53,900 173,400 100.1% -2.8% -4,900 3,423,600 3,116,200 99.0% 8.8% 272,800 Private Fire 10 Inside City 279,900 967,600 345.7% 0.0% 0 11 Outside City 8,200 27,100 330.5% 0.0% 0 12 Subtotal 288,100 994,700 345.3% 0.0% 0 Wholesale 13 Elkins 238,500 216,200 100.0% 10.3% 22,200 14 Mount Olive 198,300 179,800 100.0% 10.3% 18,500 15 West Fork 207,500 188,100 100.0% 10.3% 19,400 16 RDA/WWA 0 0 0.0% 0.0% 17 Subtotal 644,300 584,100 100.0% 10.3% 60,100 18 Total 21,800,600 21,800,600 100.0% 0.0% 500 SEWER s s s Inside City 1 Residential 14,792,800 16,719,800 -11.5%-1,929,600 2 Non -Residential 4,426,300 3,926,200 12.7% 498,700 3 Industrial 2,294,200 1,890,100 21.2% 401,400 4 Subtotal 21,513,300 22,536,100 -4.6%-1,029,500 Outside City 5 Residential 6 Non -Residential 7 Industrial 8 Subtotal 1,496,800 1,242,000 20.0% 247,900 180,000 160,400 20.6% 33,100 0.0% 1,676,800 1,402,400 20.0% 281,000 Wholesale 9 Elkins 583,600 419,500 39.0% 163,800 10 West Fork 328,700 236,200 39.1% 92,300 11 Subtotal 912,300 655,700 39.1% 256,100 12 Surcharge 1,326,400 834,600 58.9% 491,800 13 Total 25,428,800 25,428,800 0.0% -600 Proposed rates help to mitigate Cost of Service indicated revenue increases shown in Column.5 Black & Veatch Typical Bill Impact: Outside City Residential Customers Low Usage Outside City Residential: 3/4" Meter, 2,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 15.62 $ 16.48 $ 0.86 $ 16.48 $ 0.86 $ 16.12 $ 0.50 Sewer $ 34.64 $ 35.38 $ 0.74 $ 35.38 $ 0.74 $ 34.97 $ 0.33 Tota 1 $ 50.26 $ 51.86 $ 1.60 $ 51.86 $ 1.60 $ 51.09 $ 0.83 Medium Usage Outside City Residential: 3/4" Meter, 4,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 26.30 $ 28.30 $ 2.00 $ 28.30 $ 2.00 $ 28.16 $ 1.86 Sewer $ 51.00 $ 52.48 $ 1.48 $ 52.48 $ 1.48 $ 52.55 $ 1.55 Tota 1 $ 77.30 $ 80.78 $ 3.48 $ 80.78 $ 3.48 80.71 $ 3.41 High Usage Outside City Residential: 3/4" Meter, 15,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 69.02 $ 75.58 $ 6.56 $ 75.58 $ 6.56 $ 76.32 $ 7.30 Sewer $ 140.98 $ 146.53 $ 5.55 $ 146.53 $ 5.55 $ 149.24 $ 8.26 Tota 1 $ 210.00 $ 222.11 $ 12.11 $ 222.11 $ 12.11 $ 225.56 $ 15.56 o Option 1 No change in service charge Increase in volume charge Option 2 (Same as Option 1) No change in service charge Increase in volume charge o Option 3 Decrease in service charge* Increase in volume charge Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates *Only referring to 5/8" and 3/4" Black & Veatch Typical Bill Impact: Outside CityNon-Residential • Option 1 Low Usage Increase in service charge for some meter Outside City Non -Residential: 3/4" Meter, 20,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change SIZ2S Water $ 95.14 $ 110.54 $ 15.40 $ 108.54 $ 13.40 $ 109.42 $ 14.28 Increase in volume charge Sewer $ 181.88 $ 189.28 $ 7.40 $ 189.28 $ 7.40 $ 193.19 $ 11.31 Total $ 277.02 $ 299.82 $ 22.80 $ 297.82 $ 20.80 $ 302.61 $ 25.59 Option 2 Increase in service charge for some meter High Usage sizes Outside City Non -Residential: 4" Meter, 2,000,000 Gallons Per Month Consumption Water volume charge changed to uniform, Existing Option Change Option Change Option Change increase in sewer volume charge Water $ 8,046.93 $ 9,467.93 $ 1,421.00 $ 10,202.93 $ 2,156.00 $ 10,342.56 $ 2,295.63 Sewer $ 16,360.00 $ 17,100.00 $ 740.00 $ 17,100.00 $ 740.00 $ 17,580.00 $ 1,220.00 . Option 3 Total $ 24,406.93 $ 26,567.93 $ 2,161.00 $ 27,302.93 $ 2,896.00 $ 27,922.56 $ 3,515.63 Increases and decreases in service charge • Water volume charge changed to uniform, increase in sewer volume charge Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black& Veatch Typical Bill Impact: Outside City Industrial Low Usage Outside City Industrial: 4" Meter, 600,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 2,022.93 $ 2,196.93 $ 174.00 $ 2,196.93 $ 174.00 $ 2,196.56 $ 173.63 Sewer $ 5,211.44 $ 5,433.44 $ 222.00 $ 5,433.44 $ 222.00 $ 5,569.62 $ 358.18 • Option 1 Total $ 7,234.37 $ 7,630.37 $ 396.00 $ 7,630.37 $ 396.00 $ 7,766.18 $ 531.81 High Usage Outside City Industrial: 6" Meter,1,500,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Change Option 3 Change Water $ 5,005.82 $ 5,440.82 $ 435.00 $ 5,440.82 $ 435.00 $ 5,432.41 $ 426.59 Sewer $ 12,871.46 $ 13,426.46 $ 555.00 $ 13,426.46 $ 555.00 $ 13,752.71 $ 881.25 Total $ 17,877.28 $ 18,867.28 $ 990.00 $ 18,867.28 $ 990.00 $ 19,185.12 $ 1,307.84 Increase in service charge for some meter sizes Increase in volume charge Option 2 (Same as Option 1) Increase in service charge for some meter sizes Increase in volume charge Option 3 Increases and decreases in service charge Increase in volume charge Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black & Veatch Typical Bill Impact: Outside City Irrigation Low Usage • Option 1 Increases in service charge for some Outside City Irrigation: 1" Meter, 50,000 Gallons Per Month Consumption meter sizes Existing Option 1 Change Option 2 Change Option 3 Change Water $ 300.52 $ 283.76 $ (16.76) S 283.76 $ (16.76) S 289.39 $ (11.13) Blended and uniform rate Option 2 (Same as Option 1) High Usage Increases in service charge for some Outside City Irrigation:1.5" Meter, 400,000 Gallons Per Month Consumption meter sizes Existing Option 1 Change Option 2 Change Option 3 Change Water $ 2,280.31 $ 2,196.22 $ (84.09) $ 2,196.22 $ (84.09) $ 2,245.27 $ (35.04) Volume charge changed to uniform • Option 3 Increases and decreases in service charge Volume charge changed to uniform Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black& Veatch Typical Bill Impact: Wholesale Water Elkins: 4" Meter, 85,000,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Water $ 244,062.25 $ 268,712.25 $ 24,650.00 $ 268,712.25 $ Mount Olive: 4" Meter, 31,000,000 Gallons Per Month Consumptio Existing Option 1 Change Option 2 Water $ 89,082.25 $ 98,072.25 $ 8,990.00 $ 98,072.25 $ West Fork: 4" Meter, 65,000,000 Gallons Per Month Consumption Existing Option 1 Change Option 2 Water $ 186,662.25 $ 205,512.25 $ 18,850.00 $ 205,512.25 $ Sewer Elkins: 4" Meter, 40,000,000 Gallons Per Month Volume A Change Option 3 _Change 24,650.00 $ 268,707.22 $ 24,644.97 hn 4 Change Option 3 _ Change 8,990.00 $ 98,067.22 $ 8,984.97 Change Option 3 Change 18,850.00 $ 205,512.25 $ 18,850.00 Existing Option 1 Change Option 2 Change Option 3 Change Sewer $ 207,600.00 $ 288,000.00 $ 80,400.00 $ 288,000.00 $ 80,400.00 $ 288,000.00 $ 80,400.00 West Fork: 4" Meter, 45,000,000 Gallons Per Month Volumne A ' Existing Option 1 Change Option 2 Change Option 3 —$ Change Sewer $ 233,550.00 $ 324,000.00 $ 90,450.00 $ 324,000.00 $ 90,450.00 $ 324,000.00 90,450.00 Typical bills assume all water usage pays Reduced Peak Demand rate and all sewer volume is less than 85% of metered water usage - Option 1 No change in water service charge * Increase in volume rate - Option 2 No change in water service charge * Volume charge changed to uniform - Option 3 Decrease in water service charge * Volume charge changed to uniform *Only referring to 4" Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black & Veatch Rate Schedules Black & =AkLVeatch Water Inside City ComponentRate •. Option2 Option Fixed Service Charge - $/month Meter Size 5/8" 6.59 6.59 6.59 5.71 3/4" 6.59 6.59 6.59 5.71 1" 9.14 9.14 9.14 8.78 1.5" 15.93 15.93 15.93 15.90 2" 23.20 23.20 23.20 22.43 3" 54.05 54.05 54.05 49.16 4" 89.50 89.50 89.50 76.95 6" 178.99 178.99 178.99 148.72 8" 268.41 268.41 268.41 200.05 Quantity Charge - $/1,000 Gallons Residential First 2,000 Gallons 3.51 3.30 3.30 3.46 Next 13,000 Gallons 4.64 4.37 4.37 4.58 All over 15,000 Gallons 6.59 6.20 6.20 6.50 Non -Residential First 300,000 Gallons 3.79 4.04 3.93 3.98 All over 300,000 Gallons 3.38 3.62 3.93 3.98 Major Industrial All Usage 2.96 3.14 3.14 3.14 Irrigation First 300,000 Gallons 5.04 4.29 4.29 4.38 All over 300,000 Gallons 4.53 4.29 4.29 4.38 Inside City Water Rate Schedule Green font indicates decrease compared to existing 2022 rates; Red font indicates increase compared to existing 2022 rates :h Water Outside City Fixed Service Charge - $/month Meter Size 5/8" 7.54 7.54 7.54 7.02 3/4" 7.54 7.54 7.54 7.02 1" 10.52 12.26 12.26 11.39 1.5" 18.31 24.22 24.22 21.27 2" 26.66 33.52 33.52 30.09 3" 62.18 69.84 69.84 66.01 4" 102.93 102.93 102.93 102.56 6" 205.82 205.82 205.82 197.41 8" 308.67 308.67 308.67 259.47 Quantity Charge - $/1,000 Gallons Residential First 2,000 Gallons 4.04 4.47 4.47 4.55 Next 13,000 Gallons 5.34 5.91 5.91 6.02 All over 15,000 Gallons 7.54 8.38 8.38 8.54 Non -Residential First 300,000 Gallons 4.38 5.15 5.05 5.12 All over 300,000 Gallons 3.90 4.60 5.05 5.12 Major Industrial All Usage 3.20 3.49 3.49 3.49 Irrigation First 300,000 Gallons 5.80 5.43 5.43 5.56 All over 300,000 Gallons 5.22 5.43 5.43 5.56 Wholesale Reduced Peak Demand 2.87 3.16 3.16 3.16 Peak Demand 3.20 3.20 3.16 3.16 Outside City Water Rate Schedule Green font indicates decrease compared to existing 2022 rates. - Red font indicates increase compared to existing 2022 rates JJJJJL Sewer Inside City �pt ... #Iles, T"o i o n 2 Option 3 Fixed Service Charge - $/month Meter Size 5/8" 18.28 18.28 18.28 14.77 3/4" 18.28 18.28 18.28 14.77 1" 23.74 23.74 23.74 21.97 1.5" 38.77 38.77 38.77 38.76 2" 55.43 55.43 55.43 54.30 3" 128.73 128.73 128.73 119.12 4" 212.13 212.13 212.13 185.89 6" 420.39 420.39 420.39 357.35 8" 628.73 628.73 628.73 478.01 Quantity Charge - $/1,000 Gallons Residential First 2,000 Gallons 4.35 3.39 3.39 4.11 All over 2,000 Gallons 5.80 4.52 4.52 5.48 Non -Residential All Usage 4.40 5.10 5.10 5.25 Major Industrial All Usage 4.71 5.71 5.71 5.72 Inside City Sewer Rate Schedule Green font indicates decrease compared to existing 2022 rates; Red font indicates increase compared to existing 2022 rates Sewer Outside City Fixed Service Charge - $/month Meter Size 5/8" 18.28 16.74 18.28 25.10 18.28 25.10 17.39 20.92 3/4" 18.28 16.74 18.28 25.10 18.28 25.10 17.39 20.92 1" 33.92 31.28 33.92 52.62 33.92 52.62 33.37 41.95 1.5" 60.37 55.50 66.73 109.78 66.73 109.78 63.55 82.64 2" 79.73 73.45 93.11 154.24 93.11 154.24 86.42 113.85 3" 184.24 169.29 196.10 327.83 196.10 327.83 190.17 248.56 4" 303.44 278.93 303.44 482.37 303.44 482.37 295.62 380.65 6" 601.46 553.70 601.46 897.30 601.46 897.30 567.71 725.50 8" 899.76 826.81 899.76 998.92 899.76 998.92 747.01 912.87 Quantity Charge - $/1,000 Gallons Residential First 2,000 Gallons 8.18 7.52 8.55 8.27 8.55 8.27 8.79 9.35 All over 2,000 Gallons 8.18 7.52 8.55 8.27 8.55 8.27 8.79 9.35 Non -Residential All Usage 8.18 7.52 8.55 8.27 8.55 8.27 8.79 9.35 Major Industrial All Usage 8.18 7.52 8.55 8.27 8.55 8.27 8.79 9.35 Wholesale 85% of metered water usage 5.19 7.20 7.20 7.20 Above 85% of metered water usage 2.71 3.75 7.20 7.20 Outside City Sewer Rate Schedule Green font indicates decrease compared to existing 2022 rates; Red font indicates increase compared to existing 2022 rates :h Summary of Findings MBlack Veatch Outside City and Wholesale Cost of Service ■ Passage of time results in changes in cost of service related to ■ Changes in customer characteristics and demand ■ More growth (accounts and/or usage) in one customer class versus another, customers leaving the system, customers joining, etc. ■ Changes in the magnitude and type of costs ■ O&M program can change, and costs may increase or decrease ■ The nature, timing and costs of capital projects can change Across the board revenue adjustments do not consider the above changes Black & Veatch Rate Structure Implications on Water Conservation Black 16, Veatch Residential Water Use Profile — Indoor Use Distribution of Indoor Residential Water Use (Gallons per Household per Day gphd) 7m a Toilet Shower Faucet Clothes wash eir Leak Other* Bath Dishwasher 4% % 19 17% 12% o 1% 33.1 gphd 28.1 gphd 26.3 gphd 22.7 gphd 17.0 gphd 5.3 gphd 3.6 gphd 1 .6 gphd ' The "Other" category includes evaporative cooling, hu midification, water softening, and other u ncategorized indoor uses ■ Indoor water use is fairly inelastic ■ Drivers for reduction in indoor water use ■ Use of Water Efficiency Appliances and Fixtures ■ Water Efficiency Reductions from Clothes Washers; Toilets ■ Measurable reduction in indoor water use not due to behavior change zr �� l°o j DECREASE I 1999-2016 Average annual indoor household water use ......................................................... Source: Water Research Foundation REU2016 Black & Veatch Residential Water Use Profile — Outdoor Use ■ Key Outdoor Uses ■ Landscape Irrigation ■ Hose Bibs (Garden) ■ Outdoor washing (pavement; vehicles) ■ Reduction in Outdoor Use ■ Focus on Excess Irrigators ■ Could achieve a 15% reduction in water usage through mitigation of excess irrigation Black & Veatch Integrated Water Conservation Measures WaterSense Efficiencj Appliances & Fixtures Rebates for Smart Controllers =ase of Access to ge Data and Trends Timely Tips and Facts on Outdoor and Indoor usage Water Efficiency Audits to Customers Black& Veatch Next Steps .. . Update analysis based on feedback Finalize draft report Presentation to the Council Black & , Veatch Black & Veatch Thank You Contact Us Anna White Principal Consultant +1 913 458 3025 WhiteAM@bv.com Item Cost Notes Install Electrical Service $ 111,319 Jacobs will install Conveyor $ 40,200 Includes shipping, backstop and scraper. Jacobs will install and weld 8" channel conveyor. Option for bolt together truss conveyor plus $6000. Scale $ 6,000 Includes shipping, 4-20 milliamp output for input to SCADA. Jacobs will install Drywall $ 1,500 Jacobs will install Drywall Hardware $ 150 Jacobs will install Cooling Tower slab $ 1,000 Jacobs will form, set rebar and finish concrete. Est. 6 CY Velocity Stack slab $ 1,000 Jacobs will form, set rebar and finish concrete. Est. 6 CY Concrete Delivery from APAC $ 600 Might be 2x $150 if they cannot fit 12 CY on a roller truck Barrier Blocks- 50 blocks at $60 per $ 3,000 Jacobs will install Metal- Framing for Drywall $ 1,000 Jacobs will install Estimate for electric gear boxes and motors $ 75,000 Jacobs will install Lumber- framing above divider wall $ 500 Jacobs will install. Use existing polycarbonate for barrier. Machine Skate Rental 1 week $ 350 Miscellaneous Costs $ 10,000 In -House Water & Sewer Installations $ 20,500 Subtotal Budget Estimate $ 272,119 Estimated Taxes (10%) $ 27,212 Total Last Updated 31 Mar 2022 299,331 PROJECT AREA VICINITY MAP Skyler Subdivision Water Service Line Replacements April 6, 2022 Bryan Goodwin President Goodwin & Goodwin, Inc. 3503 Free Ferry Road Fort Smith, AR 72903 Re: NOTICE OF LOW BID wis CITY OF FAYETTEVILLE ARKANSAS Sent via email: pipedude08(a)_yahoo.com City of Fayetteville, Arkansas; BID 22-26, Construction, Skyler Subdivision Water Service Line Replacements Dear Mr. Goodwin, The City of Fayetteville Arkansas publicly opened bids received on April 5th, 2022 for BID 22-26, Construction, Skyler Subdivision Water Service Line Replacements. Your company is the low bidder. Your bid is $603,630.00. The City of Fayetteville's contract review process requires that you sign the proposed "Agreement" (DOCUMENT 00 52 00) and provide all required attachments and documents prior to City staff review. The staff review process is an internal PDF review by many departments including budget, accounting, legal, purchasing, City Clerk and Chief of Staff. In addition to the City staff review, the Fayetteville City Council Water and Sewer Committee, and then the Fayetteville City Council, will review the proposed contract. Please complete/fill in and sign, but do not date, the attached copy of DOCUMENT 00 52 00 —AGREEMENT pages 1 — 12 and return to me (pdf preferred). Please note that this request and your signing of the proposed Agreement does not guarantee that the City of Fayetteville City Council will approve the contract. This request does not obligate the City of Fayetteville in any manner, but this request is the start of the review process for the proposed contract. You will not have an Agreement/Contract until the City of Fayetteville City Council has approved the proposed contract and both you and the Mayor of Fayetteville have executed the approved Agreement/Contract. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The review schedule is proposed as: Water and Sewer Committee April 12, 2022 City Council Agenda Session April 26, 2022 City Council Meeting May 3, 2022 To meet this schedule, I need your signed Agreement and attachments by Thursday, April 14'". PDFs are preferred. I appreciate your help to start the City's contract review process. Please call me and/or email if you have any questions, or if I can assist in any way. Sincerely, 4 Iz, Corey Granderson, P.E. Fayetteville Utilities Engineer c: 479-301-4801 cgranderson(a�_fayetteville-ar.gov Attachments: DOCUMENT 00 52 00— AGREEMENT pages 1 — 12 Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas SECTION 00 52 00 —AGREEMENT AGREEMENT BETWEEN OWNER AND CONTRACTOR Contract Name/Title: SKYLER-WILLOWBROOK-EVENING SHADE SERVICE LINE REPLACEMENT Contract No.: 22-26, Construction THIS AGREEMENT is dated as of the day of The City of Fayetteville, Arkansas and Goodwin & Goodwin, Inc. ARTICLE 1 - WORK 021-04415 in the year 2022 by and between (hereinafter called Contractor). 1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The work under this Agreement includes, but is not limited to: Installation of new, 1-inch copper water service lines for all existing water meters on Skyler Drive, Willowbrook Drive, and Evening Shade Drive from the existing water line to 18 inches past the water meter. For meters on the same side of the street as the water line, replacement of all existing service lines. For meters on the opposite side of the street, installation of new 1- inch copper service lines within the existing 2-inch diameter service lines. Removal and repair of roadway asphalt, concrete driveway, and sidewalk as needed to install service lines and all other items set out in the drawings and specifications for a complete installation. 1.2 The Contractor agrees to perform the work described in the Contract Documents and comply with the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00 41 43- Bid Form for quantities. 1.3 Any use of a third -party dumpster or roll off container shall be procured from the City of Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off container is not allowed. 1.4 Contractor is responsible for obtaining all applicable permits. The fees for City of Fayetteville (only) issued permits shall be waived. February 23, 2022 00 52 00 - 1 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement 021-04415 Fayetteville, Arkansas 1.5 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of-way, railroad right-of-way and in General or Utility Easements. ARTICLE 2 - ENGINEER 2.1 The Contract Documents have been prepared by Olsson (Engineer) for the City of Fayetteville. The Engineer assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3 - CONTRACT TIME 3.1 TIME OF THE ESSENCE A. All time limits for milestone, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.2 DATES FOR COMPLETION AND FINAL PAYMENT A. The Work shall be substantially completed within 120 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and final completion and ready for final payment within 135 calendar days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS. 3.3 LIQUIDATED DAMAGES A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City of Fayetteville will suffer financial loss if the Work is not completed within the time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by The City of Fayetteville if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified above in Paragraph 3.2 for Substantial Completion until the Work is Substantially February 23, 2022 00 52 00 - 2 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3.2 for completion and readiness for final payment or any proper extension thereof granted by The City of Fayetteville, Contractor shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.1 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the unit prices bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. 4.2 As provided in the Contract estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in the General Conditions. Unit prices have been computed as provided in the Contract Documents. 4.3 Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 1. Further, there shall be no changes to the scope and/or contract documents without prior written approval of the Engineer of Record and the City's designated Professional Engineer. ARTICLE 5 - PAYMENT PROCEDURES 5.1 SUBMITTAL AND PROCESSING OF PAYMENTS A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.2 PROGRESS PAYMENTS, RETAINAGE February 23, 2022 00 52 00 - 3 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 A. The City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction. All such payments will be measured by the schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or The City of Fayetteville may withhold, in accordance with the GENERAL CONDITIONS. a. 95% of Work Completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to The City of Fayetteville and Engineer, The City of Fayetteville on recommendation of Engineer, may determine that as long as the character and progress of the Work subsequently remain satisfactory to them, there will be no additional retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work Completed less the aggregate of payments previously made; and b. 100% of Equipment and Materials not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to The City of Fayetteville as provided in the GENERAL CONDITIONS. B. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. February 23, 2022 00 52 00 - 4 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 021-04415 6.1 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including the Addenda and other related data identified in the Bid Documents. B. Contractor has visited the Site(s) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, performance, and furnishing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. D. Contractor has carefully studied all: 1. Reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site; and 2. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor acknowledges that The City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site. E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise which may affect cost, progress, performance, and furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. February 23, 2022 00 52 00 - 5 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - CONTRACT DOCUMENTS 7.1 CONTENTS A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in this Agreement and in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. C. Documentation submitted by Contractor prior to Notice of Award. February 23, 2022 00 52 00 - 6 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 3. Performance, Payment, and other Bonds. 021-04415 a. The Performance and Payment Bond shall be one hundred percent (100%). 4. General Conditions. 5. Supplementary Conditions. 6. Specifications consisting of divisions and sections as listed in Table of Contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the Table of Contents thereof (Drawings), with each sheet bearing the following general title: Skyler- Willowbrook-Evening Shade Service Line Replacement. 8. Addenda numbers 1 to , inclusive. 9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the GENERAL CONDITIONS. ARTICLE 8 - MISCELLANEOUS 8.1 TERMS A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 8.2 ASSIGNMENT OF CONTRACT A. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by Law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. February 23, 2022 00 52 00 - 7 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 8.3 SUCCESSORS AND ASSIGNS 021-04415 A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4 SEVERABILITY A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.5 FREEDOM OF INFORMATION ACT A. City contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.6 LIENS A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501 through 508) prohibits the filing of any mechanics of materialmen's liens in relation to this public construction project. Arkansas law requires, and the Contractor promises to provide a bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier may bring an action for non-payment or labor or material on the bond. The Contractor promises to notify every subcontractor and materials supplier for this project of this paragraph and obtain February 23, 2022 00 52 00 - 8 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas 021-04415 their written acknowledgement of such notice prior to commencement of the work of the subcontractor or materials supplier. IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement and copies have been provided to the Contractor and the City of Fayetteville. All portions of the Contract Documents have been signed, initialed, or identified by The City of Fayetteville and Contractor. This Agreement will be effective on the Agreement. CONTRACTOR: Bv: Bryan Goodwin (Type or legibly print) st�( t kcof� (Signature) Title: President 2022, which is the Effective Date of CITY OF FAYETTEVILLE Contractor shall attach evidence of authority to sign. By: Lioneld Jordan (Type or legibly print) (Signature) Title: Mayor If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and execution of Agreement. Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the Contractor's Articles of Incorporation and a copy from the Arkansas State Secretary of State to document that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and such entity is permitted to perform work in the State of Arkansas. February 23, 2022 00 52 00 - 9 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas (SEAL) Address for giving notices 3503 Free Ferry Road Fort Smith, AR 72903 License No. 0016960422 Agent for Service of process Bryan Goodwin, President (Type or legibly print) (Signat e) (SEAL) Attest Address for giving notices 113 W. Mountain St. Fayetteville AR 72701 021-04415 Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for Service process authority to sign. February 23, 2022 00 52 00 - 10 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas (If Contractor is a corporation, corporate entity or LLC, attach evidence of authority to sign.) END OF SECTION 00 52 00 Approved as to Form: By: Attorney For: 021-04415 February 23, 2022 00 52 00 - 11 AGREEMENT 100% Construction Documents Skyler-Willowbrook-Evening Shade Service Line Replacement Fayetteville, Arkansas THIS PAGE LEFT BLANK INTENTIONALLY 021-04415 February 23, 2022 00 52 00 - 12 AGREEMENT 100% Construction Documents Arkansas Secretary of State John Thurston State Capitol Building ♦ Little Rock, Arkansas 72201-1094 ♦ 501-682-3409 Certificate of Good Standing I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records of domestic and foreign corporations, do hereby certify that the records of this office show GOODWIN & GOODWIN, INC. authorized to transact business in the State of Arkansas as a For Profit Corporation, filed Articles of Incorporation in this office June 1, 1993. Our records reflect that said entity, having complied with all statutory requirements in the State of Arkansas, is qualified to transact business in this State. In Testimony Whereof, I have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 6th day of April 2022. C� O ineerti$ ate Au�t� atn Code: 4c994838749edfb To verity ttee uthorizattion Code, visit sos.arkansas.gov �9tI3i2016 41858 4796-462659 H"1W AhID m PAGE 01182 9 0 STAT 0�' AM AN IS -OFFICE DY THE SECRETAR'a Igo; in va OF ST?,TB JMTICLIS OF XIMWWCV _PMW1 oil l'YA 41:1 GOODWI N fi C4XDwjN, IyC. SY., .: ThyUMOZIMigned, natural persons of ..the age of twent years or moone mort, acti�q as sncorporators of a eorpor�ti6 on Under the Arkansas 8tts�ness Cozpozatior► act of ' 198'f, ad&ajwm the follo�r articlaa of �ncarp�ratfon of such ccrporation: ing FIRST: The name of the Corp'ratiott is: G�dt►in & Goodwin Inc. S�oND: The P a 03: purposes for wh"ich the Corporatiar� is 01MI'lalli�ed are: To arigatjo in the -Constru ction butlrIOSS iks a genaral 00ntr&Cftrand as a subcontractor, includjnq p�ua�bing contracting, genera.]. co�strvctioti, and Il t�rpes of construction, aenter nd to into co�xacts with property awrt�rs far the Also of overcoats on their proFax"GY and the i.riotallatif)n at Iumb r�q te�s d heat�t�q and six candit'oorsinq systerns, and to 4ngaqw in rep:.fir work InClud,i,nq repay of V,jumb3tlY aystemIands heating �d air aandtioningSY4t6X&iand all o o f repair math r.MrAft . to structures and "e systs�s th''AweO f, aid to angago it remode�ir� Vorit, stud to Lanaago in al 00.1rIAM�uation, c�o�erc�al oo»etructiaa, and industrfa� constructfon, ar�d to contract Stith respect two all of Sjueb PUXWmw*,, and to own real estate &nd to constrt�ct IMIP-Tov�p,ents therem end to sell paid zeal estate and to dlap r�nl estate develop�aent$ �nclud:�ng commercial, dar►d irldustriai real *state devolopmes�ts, and to.enter into Leaseswith rollpect to AroP��Y oimed by this corporatocnion, and to itti respQct to all of the above f ranesd puzpo�es, and to conduct any lawful business AtUthorzaad by NO Arkanzag • S��in�ss Corporation Act of Is 9117 a The ccrporation, acting through its Berard a,f Diroctars, s}�a11 V ��au'tlsozi��to enter'into any genaral oz �i.mit� partnership Y person, firm. or corporation for the purpas�s of carrying out arky, of the objects or Pur of the ati on. THIRD The agqr�qate number of have the authority to issu* is starts which the c ation steal]. 2.000 shares. The desieach class , the number of gharso of each class, or a stntthat the -shares o! ny class are without pay value, ara as follows, 89/13/2816 149658 47,136462659 HANCINS AM PACE 132/182 NUM88R OP PAR VA—tm, p= SI�14R8 OR Si3alR$S CIASS �$RIB� IFSTATEI�$NT THAT SNARES � ) ARE vf:rw T PAR VALUE 2, 000 Ce�aaot� Kona No Par FOURTH: Tie addre.z, cor 'tt z 8 of the initi�al risted office oP ifs q�,r09 Texas Road, Foxt Smith , AR 72903, and the nam..... of the initial re,cjistezed agent at such adc}=gss Bryan Goodw;n The nU13Mber of Dir�ctgre� cp�stituting the ir�iti�2 13aarB of ars is a rind they Will serve as directors until tho first a t7�nua1 ml�t�t�g o� ii-,,hnauvehold�rs r until their sacs�saors are elsCt�d ensd,,qustZified. The rivIRUez of directors to be s2eOt�d Ot a al �estirsq c:aI:L.4bd,for that carporatian b�c,�� owned of regard PU��'0 W'h�`n shares of tbfs t-W-0,; and, the of dixeett�r� to be elected arehoiLdlers, shall be ca1led far that PUrPQSG when sharps of this cc ��.a� meeting earned of ra�vrd by core than twv shareholders, �ba�12 be 4 �'� 8O$rd ofhave tts� autnori to the rectors to �xtBT�t allo�ed by the Ark-1k, hssls Corporation Act of :L9876 BZX�'As MAKE Thy n0as and address of Bach Bryan a, in Sara V vin RZSS 9009 TOXOR Road 8 GO9 TeN.'al0 s Road fncotgotator ie; CITY a STJkTR Fort- t,,, h-1�1�1R 7Z903 Fort 3tait2l , JM 729,03 SEVS�3: At all elections of birectar$ or thin corporatio. c-h- 0arri�older snail bentftled tnea as many votes aa shall equ'a, � I thgOfUTa rich (�XCOpt for thss.. pravfsion� as to"UsativeVOting) h� �utd b� ertit�t�d to cast for the 4Isctian of directorr, with respect to his ShAres pIiQd by the nub o! t�frectars to be �l�ctect, as�t he may cast a sucxi votes for a sfngle dirls.ctor, or may d,-istri.but,* thorn amariq the number to'bt voted for, or any tmo or ire of may see fit. DAz�n: �'a io/ xy92 SIG�TURE OF I CO TORS: J..Aamm 89l13/�816 15:81 4795462559 PAIM 81/89 rmwwr-I Lj6& 09/13/2816 15:81 479-6462659 T m Ak c , alft. 171 132/89 R 'I'ICL� II Sedum 1 eWw ANIPMWo�t 2 Section 3 Sectia�a 4 3tction S Section 6 soQII 7 s�CLidII % ART-ICIS FYI S�Ctivn Sectio�a Sartion Section Section 3o�ti� I 2 3 4 5 6- 2 Socticm 3 Section 4 sMAPALKs 3ac�ion 6 � ni 4 I V � f G4t}DWA�t &G00D"%1W NC . �1N 4�►�tKAN3ll8 CO�C�A►'ITt3l� TTableof Coammta 0MC clzs aAA.ti.lssea ti`terw•toiAr00lots ofseA-A•46.9frAfA•s..*rialir..i•�flrtrAt SEIM .ssi•AR.f#tAAi�.w.rMs••�i.♦•rr..s•w....t*.•.•.ai•as+r4ss.s. �•lir-srwaArtalitisens•aswl6wwssa•alins••lot •i!•saasalp poso•ias&&&#*•alp r ftw ws 440ab•awwwoo .•wasa•. n-WOOS00440 a$a ftaG.•s.•«• Pima 0 14 6569e0WOS010i19•9Wi'8W.060do0946 464ai$1rlstww.swsisoa N�rawaaia ,ft of M-[C�11"x iifhM .r! !s aii fell ��� ww v ssa• ate iply •a•asfss•sfa•saswewwswNoble airs** Now • s•�iiwssss*a•* 'as ww'sasa•Ib•p4♦s.Saone *boom%sill•a•aasa.&•aswassr•a.s•ia•asasswawaa Prmd.1ma A ins *savIIv*w•s s•tripsrise•rwssa. ia.s i!awa• as� s� • •aarwsww•i• s •ia«lwirtsfilwrlA�i•awes. Vaftof MM=.W* ri wis 06009 tri ass ssas aaaats ws sse saasl�fifs#srr Ma�•►sri4wsa..re s- s `0 yj a •sr4 a • fell a a • few t� wee w A•�• •es of as i••w% r►sss• ••r'•w i 909 641000'i1000Ws NO 611144 a.s*s IsSO 00 iili i41 we is trft �M lain•s#t4«!♦seswsa:ata+sww�.wasisa•as•rrrrRwsa:aa•i-.sw.age aa 044i6ifiiia N,mball Tftutc ficft,%M160611WIMS lossi� �i it�i! is r i ill fl a i'sitaai 1 *.rf rll�i•l4�i� f�f�AA ii ai•a `s�►�sesis.�4!•ago •islssii+ai#.w fewwsiiM.;� 1#w nos at0s• 4t fell fer a saa•a• A Ms got us s,ss rah 004140 Gala* • so s. sew •*%&g a QUM, *fewer•wf•aaa.09rwa IV* +saaaaa•s!MIra esaaialif0ssa04 446#01P&rsaiw • ig/Ira l�i""A"iis#"ii" Wit fi9wwasaisaONsiiwiasailot Of' fiA�if�ii��lfe�if�� .�rw aaaa• sari • # �r'w.i• ! �!'rrlititi•Sr+�Mrlla�4iAa►wli!!�!�! 0.11 - M-C z 0 ! we *GO 40Ri i s s*•ilsas#• fp%9 fessawas w+wips•srseasfasW+ssaeia�sii•wwRsaw as•aissa4afw isesa,si�••saA�4 iliita.srl•asasAspeawin IIarw.wd6tt*rMaa0*414afa4irA#•s 'T" =.Of. i s ill i l i a gas i i ri- a o i i i 07 •r►w0sf ii'� ! !f 11 is ss...a! si# A• �.aaai6*00#0trrsRlps9aserf:44sfe'r,ra•ss*#a!f•ifewersssGo* ta fetrra*#•,siMr�ilsw�saiiMfs/e!e i !•l�s�*s. trsrs�:asssw�a+w�aw••aiwsawlwarawsa•saw�lsi1�M��sss�;��rsssai �aerirrwawAfesww.��aaws.wsawwsr.ww�s:ws•t fer••�i•wsaa«�f#eeiawssa*�•rlai�•r«.s�,•i �ssrrrt.r0ssasssi'•sgot wfsa4sthe Igo iaa•!ai•.Vegas so***0as.••ssls I 1 2 2 z 2 2 Z 2 3 3 4 4� 4 4 4 4 4 4 89/13/2016 150a 01 47964626,59 FI�hKINS Ate CO PAW. 8.3/09, AR,TIc�t. V Section 1 Sation 2 S- Sm- iian, 4 AR�'ICLE VI Section 1 Se cb,6,44wim 2 AR-Tl,-CU,, im ARTICLE vW A�R-T- ICI.E DC CONTRACTS, LOAN%, CHECKS AND DEP0�7;'S l04%r % all 5 S a &6&L6 0$94pq 1PIPralaatalsa►ssaaa•�,1rlfiaaaalllfk"e tas•saaa&&66 .• NPW•+liar04tl•!w raas�as�a�la�awllsrrl•�rasar9rip agouges's/asl/+rspit r■ra Sea aia•r'ilraisar661%fit ga••sassr,sa04t4%l/g••s%ra R• -m •rya•aassamme1111vvagogmanrrarri!•rsl66amesa ago 01940,sarusaas* OT OR see**& 6 C=-JWvA%ft1f%!, F &tees so bad CqLU1,d1bP- a an8604,46s41100IlMgaaaar404iaMr•50assraas0as0b101pipMge66as0so Trmm-, ft, 'Of' as 1 aa�a�••�.� aas��s�rr•asarsss I elrrsa � !�!•i•a84 41461Fwlgltlaa46664, F 'ISCALYZA Rv as off ago 601810,600401 %asasaarrrarbebwWariasss*$••aa6,b*#4ipseesioaa-#1•6 AT a 1i•4rlaRsas••saa'iraw sags* al•1bo*!lR$4aa **@ad# as NTS**,Navt *ago *010 Olaf$ *ago ago so 0666favelpme we 6004 06,04bell Vegas Goa as 4 4 5 5 5 5 5 5 6 IBS/13/2016 15:01 4796462659 �I�S AM PAM, 04/013 BX-LAWS ,LOA ACLE RT!1 T"ha pudpai officc of the co�pos�tian e�U be locates at 3'503 Free Fc"Ro4 FDtS anith, A&n 729,03. E20 T *)Fl� a,) r $�Cr�Dtr 1 A�vrut � 'the aa�nal me�cirig of the sh�lders shalt be bdd dtuing the€an�#�t Laic Of the m�rtit of Jwu�y in mch year, be,�iaai�g with the yet 1994, at a time c�nv�t to to, shareholders jr the purpa�e Of elec4ng Direcbars �d £or iffie tr�saction of summsy caaue s z s� atBs b�► any tie wed by tau � b� the Boma of D�ro�ors sect s�au be All f- dblby the P�d�d st the e+v�uat of tha I�c�idecs if sot less tt�ta ors tanth of all tyre OUb�g a Of the ovrpccat�si rrooti�ed �o vale m�e at th+e m�eetiag. s�cr�orr s PuceOp�,A�rrxc T7�e �3c�+d of Dir�rs any► de�S� �4Y P� ��er a►itMz� a wltbrout tie OfArlu�as, is the pLce of u�a�ag has spry Dual o9r �ciaTi meeting of s�ahaldea�. If � AS � is made, the pbce of m�etiag ei�I be tt� mcipa2 off cx c�tbie cacpor. secRox 4 Nm,=,a o� M Writ,tea or pnint,�ct notice s�iag tine plax, c1aY �d how of the s�tiag � in c� of a e�peclal jnew�titw. the ptapo�e or pvrpo�es �r which tau m+�ng i� callod, aha11 be tklivered no, less tiu� ten or mom thsa fly dsy� beSoQ+c the ds�e f the n�ng, either paso�ally yr by. aZait, by or. at tine d�reatit� of tie President, a� t}�e Aft, or the offi�oe�r or p ca�liag tie mealiag. to each s alder of �co�ci ebtitiad to vote at such mom. If m�ilad, Bch aaticc sbe�11 be d�ae�tud to be d�i�ered wl�n dep�i�ed in tine United S� mail, ad,dr�d to the s klar �t the $l�uei�atder's as it a on � s�ori� try bcolu of the � with P�Se pe�md. s s Qur�uv A msjori�y of dye o��sndiag Oftba carporatia� �tit�cd to vo�e, ree d is won or ��3' F�xY: sb,allll cos�stitut� a quantian at i raxbag of s"el�aIdas. I., f lei them a m�joruy of the au�diag abare� ars rep��d rt a mew. a m�ity of tine ago rep�eO�ed may sdjow'n tive meetiag $'oni time tO lino further r�iex. Apt such ac3jc d m�eet�aag at 89J1312816 156081 4796462659 PAGE 0,5,/ 89 which a quorum wall m Peat or t+epre�iod, anY maY be t�tsa�ed which might ve �y not!1aban aral�ed. gi �& " 11 vPIj&tjw4i-k � 4F �v At all mecting� Of shareholders, IL sharehoidec may vote by "Proxy led in wn,,iag by the shaz�ehaldar or by the shla Idea's duly stub,rized any fact. Such proxy shall be filed with t}�e Recpiry► of the oorpa�ation bdo�+e or at the time of tree meaii�g. No �rroxy shall be valid ai r eleven moaths the date of its execution, tmless oth�ise p�vided in tie p�nocy. S,-Z-,�,TTox 7vorl� oFS Sub, jec� bo the psoviaiaaa of �Ctivn 9, each Ecy sl�are e�itlod to vie mull be errtitled to one vote upon Bch me�ec sni�itted to � vote at a mee�ag of sbau�holda�. ju. � P�rprrr�R�cfns Each Awl F of shares in this corpo�anon abaft lave the fist right to Pie shames (sad securltiea ct�aveib'ble iato ) of bo freers time to time issaod (wi�atiter or ac t pa+�tty asILaeized}, iacluditag sba�+es fi�om ttze y a� this eorpoa�iom, is tine ratio tbat tha mtmber of a� held by call molder at the time of i�awe bears to tie total mm�b�r of sha�sr� rn�dmg, e�us�iva of tt+easury shares. '�'kia sig�rt shall be waived by �► a�eholdar wbo does satAML s� p�aapted within thnty (30) da3rss of receipt of a nacic� in writing ;&� � corporatia� a�iag �e p�ioes, �ma s� oanditi�s cf tits isau+e of si�ea said inviting said holds to exar�iae his pc eemp�iive rights. d sira of fhe eorporati,o� sl�atl b� mana�e8 by its Ba�+� caf Directors. S�crrt�t 2 NIAsR �QuAr�s 'T'he luLFubta of Dxtnctoss of the o� mil be taro. Each directio+r st�Il i�lti mztil - wwww,of sharehold c�ar ers cud �til the Diro'� aacoee�or shall I�+a bem Sort 3 R�Gur.�� AL egeilar melting of the Bosxd of Divftlm, shall be held without other thaa this by-law mme ely mar, a� atplace as, the anaaal mectiag of shyholders. The Board of Dirad�oxs rnsy Provide, bl► �, the tine sad place, eiti�er within or t1u Static of fay t}u holdir� of additic�at regul� meabnge wi#baut at]� notice IOU sash :+�olunon. sccr� 4 w.R,,,uAf A m�o�ity of the m�b�C of n ora $yea bysue. a of- Chia Arte III shall c0- I .ae a a HA NCiNS AND CO PAW 86/139 quor�n Soatine tcsas�tio�a of b � �Y �dng of the Ham of Dfttctom but if lei rhea � �°i�' a & a m��► of the Diractors t may adjourn the fl�ft al tie totime vvit}rout fvrth�er not�ce. S'9=04 S �R o�Acznwc The reef of t� majority of Dmctas Ff at a moetang at which is pit shall be � act of the Hard of Diraetors. SEC�'ION 6 co By Maw ofAt A sythar of the Bosr� of Directors, andand if any, for of the Board of sum fur ft�o�m ors. No auch PtYm�t shell p�acit�ide arny oo�pora�on is sny . . . . . other ► a� � � 9�t 7 PA=Aoq7W,, CW� A DlrecO�r of the cospc�r wbn is pcaeeat at a meetiIF ng of �e Beard of scion c� aJTY oWuch 'P�e m�a is mall be pined do assent to Um�s the D,awe.3 disci si�i be mtased is the atinubes, �tbe meeting o� unieaa tI� Director shah file a wrifx�n dia�nt to aciicn with the km �iag as Oita Smeary of tyre meeting be�or� the adjouc�o�at #�te�o� or shall f award dissent by regis�d mail tp ttt,e .,Now of tine coxpo�ation fmm�istely ati� tide a�djoiaament of the Wig„ 9u� right bo dissent aEmll not �FP1Y to a wlso varoad is Ivor a�at�h ac�a�. IV oF�rc�s Sscrrox i No�t�aIR 'Y� o�ioera of tbthe-mad,an �11 be a Pit ar�d a cry a+bc�m �aIl be elected by the Board of I)ir�ecta�s. Any tti+a�o or mc�+e cts� m:y be held b3► the see person, eattcept she o�%ea of Pnsicknt �d SecrtoN 2 TF OF OPa Tire ova of t1�e ca�pocatioa to be slecteci by the Board of Diriectoss sl�atl be elected a�t�atly by the Hord of Directors at tiie fiat meets of the Boad of, Dhuom field tier cash srmual meeiing of the sh�olders. �f the election of ofAc�s shall aat be held at s�sah meetiag, such electic�t a�tatt be held as scooa thereafter as canveaue�tlY �aY � F.�h oi�icer shaft hold office tuYa! a been duly e�a�d at�d alum 11 have 1, of � death or until � Qffcer �atl resi a� shall l�avc boea 4 d until the p •S p�+ovided. � ret�vad is t�,e SECttort 3 RB&AroY,e�, cnr appc►�ed by �u B+o�d of- A- Directs a�e�' be ,ed Bond 0 te of is its jvdgmm�t ttye best irnare� aF the oouporaticu, vwc d ba moved tfu�bY, bit urh natovsl shall be without prejudicey, of the 3 Waif '_^-^, ''''~ 4'2'-`.::)Is p`n=��rim-, '``�'�-`'� ^=`^s``.APPO=ofof �� not $xuu-'Oqv . VAch-A-V ,ZT vammq 19LIL Of d'ov*� r. a MNJ 4 AL 'd 011 AL Of uuay b6* fill byL Di fo r- -Pj Mficn Of *e mm s2c'! `' PIN nr dmto tb .of Ad�" . 'm jr VC to tz %Lrd of 1)4, Of n ale Am= mats — Of WL= Sw IAL -AMML AM of Of -C ASOL SUEM da to, low MAE Owdwin is ax ]REM M- -b Of 40 'IRV- lvwcw Vw 91 mm of the 0', the post ale �'M-Amcr-- 4= a V!,ft Lo uns.of, 0 ISAVC VALA of. ME Of 11L to id Of to be I. Aft- .&�� -�Iw by of, %Amu PhV' ~''^`�[~=.�,.� ^ '�,_`,`,'_,bfbeF`��^�~�.` / -`~- -`_ ~^'',-'`~.'� .',`^,``.=`/~ .._,�^_° 4 ,-.~� ' ^--'-^'`��^'oOf�^�,.�`,,`''.-.''`.^��`,.. --_-='~`.~..g..w. Of AMMEL AML- gm CIA IF R to to 'V -'AM 71 09/131-2016 15.0,91 4796- �4-626 59 PAGE 0-8/ 09 S�',CT[ON Z LOAM No Ioaaa mall b� coatracted on be�atf of the carpa�a� and ao evil of Wdebtainas be iss�od ui zts aa:ne valGss � by a molstian of tIu Boowdautbitbe g or confnedto specific �of D��• Stich i .,. IL 41Al f �� # !# Nit f'w v # $EC1'[OlY 4 DF All ft�nda of the sbsll be d %W, Vw"t Of, thse corpomlon in au�ch battica�, usc caxnpamie� OT Dire�rs mat► select des as tl�e Boa�+d of TIC.,.� vi circ�sFnn�s��..s.�vn . SeC'rtaly 1 CaRr�i�tz�s�RS��s S'haies of the co�por�tiou ai l be its such farm as a��i by t� Board of -Ow ampns, Such ceWfic�s aha11 be aig�aod b� tt�e Praaidcnt and by the Y• Aftfor ei�az+es st�11 be C4=-S= Val -Y r� or Tk� rime and MAL lux, wlwm tip 1211M Of of isstne, email be eat�+ed� � w�h the Aft. d�°�O�'• � � +ad to t3�e b�ka a£ the ce�tific� sh�Il be it��ed wu�ttil the f°II � �aJl be snd no far a JJJW numbar of af�ares sail have nevi+ gumw tit is cue of s lc�t, des�y,� or mndilat�ed �, a of Dfrectjr �s berms and is ,y � �e ea t� Boeid �Y 'be. r IF WWI r re _ # - AL ARTICLE VII I'7S'C�li YEr�.R Ir bTh ra. on ehe first day of Jenu�y aad ena crn the tb�y. 5 _ /13/2016 15:81 4796462,16519 HAWIW AND.,D PAGE 89l89 AR,TICLE IX SKI AL The Boyd of DirMrs. a corporate scel which "STl be ciecular inmadftft form I1 have instibed thr, five �me of the cOrpoaation is conditions peryvided by law. ARTICLE ia �NA�[ENTs Theme :wd, mdedor reported Md nW, by6kvra maY b WA by Vl mmttvofieof tine B�srd OfDbMAo�s st ffiny r�gzilsr of spacial moetmg �f the Board of Directors, oi' by afftm�ive vc�s of, two-thirds of tht o�istanding aharea. PLC ' D�$ b}►•�tiVP$ Of �C t�fpQi8�10II W�'�C SL �y t�l6 Of Directm 3 IS'b day e�'3ua�, t,- 3. DxRECTC3R 6 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION BID 22-26, CONSTRUCTION - SKYLER SUBDIVISION WATER SERVICE LINE REPLACEMENT DEADLINE: TUESDAY, APRIL 5, 2022 BEFORE 2:00 PM, LOCAL TIME Certified Funds $ 600,000.00 25% Additional Allowance Allowed Per State Law $ 150,000.00 Maximum Award Amount $ 750,000.00 SUMMARY OF ALL BID SCHEDULES Goodwin & Goodwin, Inc. Goins Enterprises Inc. TOTAL BASE BID $ 603,630.00 $ 779,770.00 Goodwin & Goodwin. Inc. Goins Enterprises Inc Line Description UOM QTY jUnit Extended jUnit Extended 1 Mobilization LS 1 $30,000.00 $30,000.00 $34,000.00 $34,000.00 2 Bonds and Insurance LS 1 $15,000.00 $15,000.00 $11,000.00 $11,000.00 3 Roadway Asphalt Removal and Repair SY 125 $250.00 $31,250.00 $234.00 $29,250.00 4 Concrete Pavement Driveway Repair SF 19950 $14.00 $279,300.00 $18.00 $359,100.00 5 Concrete Pavement Sidewalk Repair SF 1120 $14.00 $15,680.00 $11.00 $12,320.00 6 Service Line Replacement on Same Side of Street as Waterline EA 17 $2,200.00 $37,400.00 $3,300.00 $56,100.00 7 Service Line Replacement on Opposite Side of Street as Waterline EA 40 $4,000.00 $160,000.00 $6,000.00 $240,000.00 8 Incidentals LS 1 $25,000.00 $25,000.00 $20,000.00 $20,000.00 9 Sediment and Erosion Control LS 1 $8,000.00 $8,000.00 $5,000.00 $5,000.00 Trench and Excavation Safety Systems, as required by Act 291 of the 10 1993 Arkansas General Assembly LS 1 $2,000.00 $2,000.00 $13,000.00 $13,000.00 Total $603,630.00 $779,770.00 Jonathan Smith Jonathan Smith, Purchasing Agent Andrea F o re n Digitally signed by Andrea Foren Date: 2022.04.07 16:34:43-05'00' Andrea Foren, Purchasing Manager Digitally signed by Jonathan Smith Date: 2022.04.06 13:26:53-05'00' Date Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Stricken language would be deleted from and underlined language would be added to present law. Act 605 of the Regular Session State of Arkansas As Engrossed: H3111121 93rd General Assembly A Bill Regular Session, 2021 SENATE BILL 386 By: Senator A. Clark By: Representative Love For An Act To Be Entitled AN ACT TO AMEND THE LAW CONCERNING RETAIL WATER PROVIDERS AND RELATED SERVICE; AND FOR OTHER PURPOSES. Subtitle TO AMEND THE LAW CONCERNING RETAIL WATER PROVIDERS AND RELATED SERVICE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas Code Title 14, Chapter 234, is amended to add an additional subchapter to read as follows: Subchapter 8 — Oversight of Retail Water Providers 14.234-801. Findings — Definitions. a The General Assembly finds that: 1 Oversi l,r. of providers in the state is primarily handled_by the Arkansas Natural Resources Commission and the Department of Healthp _2) The oversight of these providers is spread out and results in the inability of a single state entity to monitor and help initiate necessary changes in public access of water, rate structures, the sustainability of the providers, and the protection of _consumer rights; t3) While local control is important, the current landscape of providers has the potential to create inefficiencies in service and instability in fiscal management; (4) Combining smaller providers. may be necessary in some areas 03-11-2021 13:32:49 KLL115 As Engrossed: H3/11/21 SB386 1 in order to guarantee dependable and plentifulprovision of water and to 2 avoid unsustainable rate increases; 3 (5) Many providers have an aging workforce and there is a need 4 for education of the governing bodies of these providers concerning the 5 im ortance of recruiting and retaining an expert workforce; and 6 (6) Training of local, state, and federal leaders on issues_ 7 surrounding provider personnel, finances compliance, and environmental 8 factors is needed. 9 (b) As used in this subchapter_ 10 (1) "Commission" means the Arkansas Natural Resources 11 Commission 12 W "Provider" means any provider of retail water service; and 13 3 "Provider board" means the governing body of a rovider, 14 whether the governing body is organized as a board, commission, committee, 15 council or other type of entity. 16 17 14-234-802. Fiscal distress — Improvement vlans — Rates and rate 18 studies. 19 (a)(1) For the purposes of this section a provider is in fiscal 20 distress if the provider:_ 21 (A) Fails to obtain a rate study as required under this 22 sectiflpt 23 (B) Fails to implement a completed rate study required 24 under this section; or 25 (C) Has been found by the commission to be in significant 26 noncompliance with rules of the commission because of inadequate funds for 27 operation and maintenance or inadequate compliance with rules of the 28 commission. 29 (2) A provider may be found by the commission to be subject to 30 this section if a member of theprovider's board does not receive the 31 training required under § 14-234-805. 32 (b) The commission shall maintain and publish on the commission's 33 website a list of providers in fiscal distress. 34 (c)(1) A provider shall obtain a rate study on the following schedule: 35 (A) By July 1, 2024, and every five (5) years thereafter 36 for a provider that serves five hundred (500) or fewer customers; 2 03-11-2021 13:32:49 KLL115 As Engrossed: H3/11/21 SB386 1 2 fora provider (B) By July 1, 2025s and every that serves five hundred one (501) five (5) nears thereafter to one thousand (1,000) 3 customers; and 4 (C) By July 1 2026 and every five (5) years thereafter 5 fora provider that serves more than one thousand (1,000) customers. 6 (2)(A) Rates shall adequately address costs for- 7 i Operation and maintenance; 8 ii Debt service; 9 (iii) Required reserves; 10 iv Depreciation; 11 Iv) Future capital expenses; 12 (vi) An annual audit or agreed -upon Procedures and 13 compilation report; and 14 (vii) Other expenses as necessary. 15 (B)(i) The rates recommended in the rate study that is 16 obtained and chosen by the provider shall be implemented by the provider in 17 the manner provided under the applicable law for Modifying rates. 18 (11) Except as provided in subdivision 19 c (2)(B iii of this section an increase in rates recommended in the rate 20 studv shall be implemented within one 1 ear of the receipt of the rate 21 study. 22 iii) If recommended rates increase theprovider's 23 rates by fifty percent 50%) or more from the fiscal year before the rate 24 study was completed, the provider may hase in the rate increase over a two- 25 year period. 26 W LI) The commission shall determine by rule the requirements of the 27 rate study l_including without limitation a review of rhpprovider's 28 refurbishment and replacement account and asset management -Plan. 29 2} A The rate study shall use as its basis the guidelines of 30 the American Water Works Association and the Water Environment Federation 31 B The commission shall determine by rule an appropriate 32 entity to provide guidelines for the rate study to use as its basis if 33 guidelines of the American Water Works Association and the Water Environment 34 Federation are unavailable. 35 e A provider shall deposit a minimum of five percent (5%) per annu_m 36 of gross revenues in a dedicated refurbishment and replacement account within 3 03-11-2021 13:37.:49 KLL115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 As Engrossed: H3/11/21 SB386 twelve (12) months of implementation of the rate unless a different amount is determined by a rate study. f 1) The commission shall maintain an approved list of entities to conduct rate studies required by this section including without limitation the Arkansas Rural Water Associationprofessional engineers, certified public accountants, economists, and actuaries. 2 if a Rrovider chooses an entity to conduct the rate stud that is not on the approved list of entities, the entity is required to have conducted at least one (1) rate study in the state in the previous five-year period. (g)(1) To ensure fiscal soundness, the commission shall consider and approve anew provider with fewer than three hundred 300 customers within the proposed service area only if: (A) The commission determines that public health or the environment is threatened without the approval of the new provider; or (B) There is no other viable alternative. 2 A new provider With fewer than three hundred 300 customers seeking approval shall: (A) Be organized through a political subdivision,_ including without limitation an improvement district, a count, or a municipality; (B) Demonstrate the ability to remain fiscal) sustainable; and (C) Complete a technical,_ financial and managerial capacitV review conducted by the commission. (h)(1) A provider that plans to undertake_a major development project shall obtain a rate study or amend the Provider's existing rate study before beginning the major development project to include consideration of the financial impact of the major development project on the fiscal sustainability of the provider. 2 As used in this subsection "major development project" means a project that exceeds twenty percent 20%of gross revenues of the provider for the immediately precedingfiscal year. W A provider shall file its most recent rate study annually with Arkansas Legislative Audit at the same time the provider files its audit report or agreed -upon procedures and compilation report as required under § 4 03-11-2021 13:32:49 KLL115 As Engrossed: H3/11/21 SB386 1 14-234-120. 2 ( )(1) The commission shall annually identify and notify a provider if 3 the provider is in fiscal distress. 4 2 The provider may appeal the finding to the Pulaski Count 5 Circuit Court. 6 k 1 A provider found to be in fiscal distress shall file an 7. improvement plan with the commission -,including without limitation specific 8 action to be taken to correct financial technical and managerial 9 deficiencies within nines 90 days of the finding of fiscal distress. 10 2)(A) Upon receipt of the improvement plan under this 11 subsection the commission shall review the improvement plan and: 12 (i) Approve the improvement plan in whole or in 13 part; 14 (ii) Modify the improvementplan; or 15 (111) Deny the improvement plan. 16 (B) At the time the commission determines that the 17 provider is no longer in fiscal distress, the commission shall remove the 18 fiscal distress designation and notify the provider. 19 Z If a provider is found to be in fiscal distress, the provider 20 shall not receive state financial assistance for water operations until an 21 improvement plar that has been a roved by the commission is in place, unlc3a 22 the financial assistance is immediately necessary to ensure preservation of 23 thepublic peace, health, and safety_, as determined by the commission. 24 (m) If the provider is found to be in fiscal distress, the provider 25 shall obtain written authorization from the commission to: 26 1 Incur additional debt,, 27 ? Accept acoiatancc for the refurbishment or re laeemeaL of 28 facilities or construction of facilities not within theprovider's 29 im rovement Ian• or 30 (3) Transfer assets to another entity. 31 32 14-234-803. Workforce recruitment and retention — Education. 33 AAProvider shall: 34 1 Work with the Association of Arkansas Counties and the 35 Arkansas Municipal League to develop training for leaders of the county or 36 municipalit 5 03-11-2021 13:32:49 RLL115 As Engrossed: H3f11/21 SB386 1 (2) Provide suitable compensation and incentives to encourage 2 individuals to consider a career with the rovider• and 3 (3) Promote the recruitment, education, and licensing of 4 employees of the provider. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 14-234-604. Municipal providers — Provision of water to nonresident customers — Advisory committee. a 1 If a municipal provider is unable or unwilling to provide service to a nonresident property owner residing in theprovider's service area the commission may require the municipal provider to release the nonresident property owner to a willing provider. (2) If required by the willing provider, a nonresident property owner may be re uired to pay the costs of necessary extensions to connect to the willing provider. (3) A municipal provider shall not release a service area of the municipal provider if the release would invalidate or encumber the issuance or retirement of a bond, promissory note, or certificate of indebtedness related to the service area. b)(1) A municipal provider that is willing to provide service to areas outside the municipal boundaries and within its service area shall do so through an application made by the affected property owner or through an agreement executed by the municipal provider and the affected_prnPerty owner. 2 If the municipal provider has a prerequisite that the affected property owner annex into the municipal boundaries before providing service, the prerequisite shall be clearly defined in an application or agreement. (3) Failure to clearly define any annexation requirement within the application or agreement prohibits the municipal provider from requiring annexation in exchange for service for those areas without a reement from the affected property owner. c) 1 If a municipal provider services customers outside the municipal boundaries of the municipal provider and the number of those customers outside the municipal boundaries and in unincorporated areas equals or exceeds tventy percent 20% of the total customer base of the municipal provider, a nonvoting advisory committee to the municipal provider board shall be created by the governing body of the municipality in which the 6 03-11-2021 13:32:49 KLL115 As Engrossed: H3/11/21 SB386 1 municipal provider is located. 2 2) The makeup and duties of an advisory committee created under 3 subdivision c L of this section shall be determined by the governing body 4 of the municipality that creates the advisory committee. 5 3 Two 2 nonresident customers from the area served outside 6 the municipal boundaries and in unincorporated areas shall serve on the 7 advisory_ committee. 8 (d) The commission shall intervene if a municipal provider: 9 (1) Is prohibited from providing water to potential customers 10 within the municipalprovider's service area by the political subdivision 11 under which the municipalprovider is organized; 12 2 Practices business irresponsibly in relation to consumer 13 ri h� t� yr 14 3 Is not following best management practices in providing 15 water service. 16 e) Except as otherwise provided in this section a consumer shall not 17 be denied access to service if suitable distribution and collection 18 infrastructure already exists or if the consumer is willing to pay for 19 suitable distribution and collection infrastructure unless: 20 1 A municipal Provider has made the decision not to extend 21 service outside the municipal boundaries. of the municipal provider; 22 2 An engineering, capacity, physical feasibility, or fiscal 23 feasibility issue exists as determined by a professional engineer or 24 certified public accountant; or 25 3 A consumer does not submit an application or enter into an 26 a reement under subsection b of this section. 27 28 14-234-805. Training. 29 a)1 A Within one (1) yyear of election or appointment, a majority 30 of the members of a provider board shall receive a minimum of eight (8) hours 31 of provider training as promulgated by rule of the commission. 32 (B) A member of a provider board as of January 1, 2021, 33 shall receive the training required under this section by December 31 2022. 34 2 If a maiority of the members of a rovider board do not 35 receive the training required under this section the commission ma find the 36 provider is subject to § 14-234-802. 7 03-11-2021 13:32:49 KLL115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 As Engrossed: H3/11/21 SB386 (3) This section does not apply to a_member of a provider board who has served on the provider board for ten (10) years or more. (b) The commission shall consult with an advisory training board for the development of the training required under this section, whose members shall include without limitation: (1) The Secretary of the Department of Health or his or her designee; 2) The Director of the Arkansas Natural Resources Commission or his or her designee: (3) The State Director of the United States Department of Agriculture Rural Development in Arkansas or his or her designee; (4) The Chief Executive Officer of the Arkansas Rural Water Association or his or her designee; (5) The Executive Director of the Association of Arkansas Counties or his or her designee;_ (6) The Executive Director of the Arkansas Municipal League or his or her designee; (7) The Chief Executive Officer of Central Arkansas Water or his or her designee; (8) T The Chair of the Board of Directors of Communities Unlimited, Inc. or his or her designee; (9) The Chair of the Arkansas Water. Works and Water Environment Association, Inc. or his or her designee; (10) The Director of the Arkansas Environmental Training Academy or his or her designee;_ (11) -The Chair of the House Committee on City, County, and Local Affairs; (12) The Vice Chair of the House Committee on City, County, and Local Affairs; (13) The Chair of the Senate Committee on City, County, and Local Affairs; (14) The Vice Chair of the Senate Committee on City, County, and Local Affairs; and (15)__The President of the Arkansas Water and Wastewater Managers Association. 8 03-11-2021 13:32:49 KLL115 As Engrossed: H3/11/21 SB386 1 14-234-806. Rules. 2 The commission shall promul ate rules necessary to implement this 3 subchapter. 4 5 14-234-807. Applicabilit . 6 This subcha ter does not apply to: 7 1 A water system regulated by the Arkansas Public Service 8 Commission as a ublic utility under § 23-1-101 9 9 Q2 A municipal utility system owned or operated by a 10 Municipality that Provides electric service to retail customers in addition 11 to water service includinA an electric s stem: 12 A Managed or operated by a nonprofit corporation under 13 14-199-701 et seg.; or 14 B Owned or o erated by a municipality or by a 15 consolidated utility district under the General Consolidated Public Utility 16 S stem Improvement District Law, 14-217-101 et seg.; 17 (3) A privately owned provider that supplies the majority of its 18 retail water service to nonresidential customers; or 19 4 A water system opera ed iointly between two (2) 20 municipalities in which each municipality is located in a different state. 21 22 SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 23 a When adopting the initial rules to implement this act the 24 commission shall file the final rules with the Secretary of State for 25 adoption under § 25-15.-204(f): 26 1 On or before January 1 2022• or 27 2 If a rova.1 ender § 10-3-309 has aot occurred by January 1 28 2022 as soon as practicable after approval under § 10-3-309. 29 h The commission shall file the proposed rules with the Legislative 30 Council under j 10-3-309 c sufficiently in advance of January 1 2022 so 31 that the Legislative Council may consider the rules for approval before 32 January 1, 2022. ' 33 34 Is/A. Clark 35 APPROVED: 415/21 36 9 03-11-2021 13:32:49 KLL115 kk ARKANSAS DEPARTMENT OF AGRICULTURE NATURAL RESOURCES DIVISION RETAIL WATER PROVIDER BOARD OF DIRECTORS TRAINING CIRRICULUM Updated April 8, 2022 Per Act 605 of 2021, within one (1) year of election or appointment, a majority of the members of a retail water provider board shall receive a minimum of eight (8) hours of provider training. A member of a provider board on January 1, 2021, shall receive the training required under this section by December 31, 2022. If a majority of the members of a provider board do not receive the training required under this section, the Arkansas Natural Resources Commission may find the provider is in fiscal distress. These requirements do not apply to a member of a provider board who has served on the provider board for ten (10) years or more. Minimum Training Requirements Length — 8 Hours Style — Virtual or In -person Required Topics 1. State and Federal Rules a. Act 605 of 2021 b. Arkansas State Board of Health - Rules c. Safe Drinking Water Act d. Arkansas Water Operator Licensing Law e. Federal Lead and Copper Rules 2. Board Organization and Governance a. Types of Water Provider Boards b. Member Roles and Responsibilities i. Legal ii. Fiduciary iii. Financial c. Arkansas Freedom of Information Act i. Meeting Notifications ii. Open Meeting Laws iii. Executive Sessions iv. Records including emails v. Recording Meetings d. Conducting Meetings i. Agendas ii. Minutes Page 1 of 2 iii. Records iv. Parliamentary Procedures e. Policies and Ordinances f. Personnel Management g. Community Relations and Customer Service 3. Financial Management a. Budgets b. Rate Setting i. Operation and Maintenance Expenses ii. Debt Service iii. Refurbishment and Replacement Accounts iv. Depreciation Expenses v. Rate Design vi. Debt Service Coverage c. Asset Management Plans d. Long Term Financial Planning e. Long Term Capitol Project Planning f. Bids and Contracts g. Annual Audits, Agreed -Upon Procedures and Compilation Reports h. Record Keeping 4. Water System Operation a. Water System Operator guidelines including the need to hire responsible, dependable and adequately compensated operators b. Treatment and Distribution c. Water Quality d. Water Loss e. Risk and Resiliency Assessments and Emergency Response Plan f. Protecting your Water Source g. Reports and Assessments 5. Technical Assistance Resources Training Providers The Natural Resources Division of the Arkansas Department of Agriculture will maintain a list of approved training providers and training classes. A training provider wanting to be included on the approved list shall submit a copy of their proposed curriculum to the Division for concurrence that the proposed class meets the minimum requirements listed above. Training providers must also demonstrate to the Division how they intend to insure attendance and a level of comprehension from attendees. Training Providers will, upon successful, completion of an approved training class, issue a certificate to each attendee certifying the successful completion of the class and will include a unique identifier from the attendee which is the last four digits of the attendee's social security number and the first three letters of the attendee's last name. A list of the attendees that successfully completed the training, including the unique identifier number shall be forwarded to the Division within 30 days. Page 2 of 2 Fayetteville NE Relo AR / 588413 WATER TOWER LEASE AGREEMENT This Water Tower Lease Agreement ("Agreement"), made this day of , 20 between The City of Fayetteville, Arkansas, with an address of 113 W. Mountain Street, Fayetteville, Arkansas 72701, hereinafter designated LESSOR and Cellco Partnership d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain space ("the Tower Space") on LESSOR's water tower, hereinafter referred to as the "Tower", located at 1044 E. Township Street 2 Fayetteville, Arkansas 72703, as shown on the Tax Map of the County of Washington as Parcel No. 765-15987-002 and as further described in Instrument No. 2020-00044420 as recorded in the Office of the Clerk for Washington County, Arkansas (the entirety of LESSOR's property is referred to hereinafter as the "Property"), together with a ' by' parcel of land containing square feet (the "Land Space"), together with the non-exclusive right ("the Right of Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under or along a foot (') wide right-of-way extending from the nearest public right-of-way, , to the Land Space; and together with any further rights of way (the "Further Rights of Way") over and through the Property between the Land Space and the Tower Space for the installation and maintenance of utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights of Way, if any, are substantially described in Exhibit "A", attached hereto and made a part hereof demised premises and are collectively referred to hereinafter as the "Premises". In the event any public utility is unable to use the Right of Way or Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-ways) either to the LESSEE or to the public utility at no cost to the LESSEE. 4873-4396-4168v1 3000002-201820 01/06/2022 LESSOR hereby grants permission to LESSEE to install, maintain and operate the radio communications equipment, antennas and appurtenances described in Exhibit "B" attached hereto. LESSEE reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase tower loading of said Tower. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey shall then become Exhibit "C" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Cost for such work shall be borne by the LESSEE. 3. TERM; RENTAL; ELECTRICAL. a. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of Thirty -Six Thousand and 00/100 Dollars ($36,000.00) to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR at 113 W. Mountain Street, Fayetteville, Arkansas 72701 or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. The Agreement shall commence on the first day of the month following the date LESSEE commences installation of LESSEE's equipment on the Premises (the "Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement confirming the Commencement Date. Upon renewal of each 5-year term, rental payments made by LESSEE to LESSOR shall increase by ten percent (10%). Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. b. For any party to whom rental payments are to be made, LESSOR or any successor in interest of LESSOR hereby agrees to provide to LESSEE (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii) 2 complete and fully executed state and local withholding forms if required; and (iii) other documentation to verify LESSOR's or such other party's right to receive rental as is reasonably requested by LESSEE. Rental shall accrue in accordance with this Agreement, but LESSEE may not deliver rental payments for up to 90 days after the requested documentation has been received by LESSEE C. LESSOR shall, at all times during the Term, provide electrical service and telephone service access within the Premises. If permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the alternative, if permitted by the local utility company servicing the Premises, LESSEE shall furnish and install an electrical sub -meter at the Premises for the measurement of electrical power used by LESSEE's installation. In the event such sub -meter is installed, the LESSEE shall pay the utility directly for its power consumption, if billed by the utility, and if not billed by the utility, then the LESSEE shall pay the LESSOR thirty (30) days after receipt of an invoice from LESSOR indicating the usage amount based upon LESSOR's reading of the sub -meter. All invoices for power consumption shall be sent by LESSOR to LESSEE at Verizon Wireless, M/S 3846, P.O. Box 2375, Spokane, WA 99210-2375. LESSEE shall be permitted at any time during the Term, to install, maintain and/or provide access to and use of, as necessary (during any power interruption at the Premises), a temporary power source, and all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source and related appurtenances to the Premises. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. The initial term and all extensions shall be collectively referred to herein as the "Term". 5. TAXES. LESSOR shall invoice and LESSEE shall pay any applicable transaction tax (including sales, use, gross receipts, or excise tax) imposed on the LESSEE and required to be collected by the LESSOR based on any service, rental space, or equipment provided by the LESSOR to the LESSEE. LESSEE shall pay all personal property taxes, fees, assessments, or other taxes and charges imposed by any Government Entity that are imposed on the LESSEE and required to be paid by the LESSEE that are directly attributable to the LESSEE's equipment or LESSEE's use and occupancy of the Premises. Payment shall be made by LESSEE within 60 days after presentation of a receipted bill and/or assessment notice which 3 is the basis for such taxes or charges. LESSOR shall pay all ad valorem, personal property, real estate, sales and use taxes, fees, assessments or other taxes or charges that are attributable to LESSOR's Property or any portion thereof imposed by any Government Entity. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, LESSOR will pursue such dispute at LESSEE's sole cost and expense upon written request of LESSEE. 6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests and structural analysis which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests or structural analyses are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically or structurally compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate n this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rent to LESSOR. In addition, LESSEE shall have the right to terminate this Agreement without penalty at any time and for any reason priorto the date LESSEE commences installation of the equipment on the Premises, effective upon the mailing of such notice by LESSEE, or upon such later date as designated by LESSEE in such notice. 7. INDEMNIFICATION. Subject to Paragraph 8 below, and to the extent permitted by applicable Laws, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 8. INSURANCE. a. Notwithstanding the indemnity in section 10, the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSEE will maintain at its own cost; i. Commercial General Liability insurance with limits of $1,000,000 for bodily injury (including death) and for property damage each occurrence 5 ii. Commercial Auto Liability insurance on all owned, non -owned and hired automobiles with a combined limit of $1,000,000 each accident iii. Workers Compensation insurance providing the statutory benefits and Employers Liability of $1,000,000 each accident/disease/policy limit. LESSEE will include LESSOR as an additional insured as their interests may appear under this Agreement on the Commercial General Liability and Auto Liability policies. C. LESSOR will maintain at its own cost commercial general liability insurance with limits not less than $1,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence. LESSOR will include the LESSEE as an additional insured. d. In addition, LESSOR shall obtain and keep in force during the Term a policy or policies insuring against loss or damage to the Tower with a commercially reasonable valuation, as the same shall exist from time to time without a coinsurance feature. LESSOR's policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and earthquake unless required by a lender or included in the base premium), including coverage for any additional costs resulting from debris removal and reasonable amounts of coverage for the enforcement of any ordinance or law regulating the reconstruction or replacement of any undamaged sections of the Tower required to be demolished or removed by reason of the enforcement of any building, zoning, safety or land use laws as the result of a covered loss, but not including plate glass insurance. 9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 29, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. I. 11. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free access to the Tower at all times for the purpose of installing and maintaining the said equipment. LESSOR shall furnish LESSEE with necessary means of access for the purpose of ingress and egress to this site and Tower location. It is agreed, however, that only authorized engineers, employees or properly authorized contractors of LESSEE or persons under their direct supervision will be permitted to enter said premises. 12. TOWER COMPLIANCE. LESSOR covenants that it will construct the Tower, including bringing utilities to the Tower compound and constructing access roads associated with the Tower. LESSOR further covenants that it will keep the Tower in good repair as required by all Laws (as defined in Paragraph 33 below). The LESSOR shall also comply with all rules and regulations enforced by the Federal Communications Commission with regard to the lighting, marking and painting of towers. If the LESSOR fails to make such repairs including maintenance the LESSEE may make the repairs and the costs thereof shall be payable to the LESSEE by the LESSOR on demand together with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. If the LESSOR does not make payment to the LESSEE within ten (10) days after such demand, the LESSEE shall have the right to deduct the costs of the repairs from the succeeding monthly rental amounts normally due from the LESSEE to the LESSOR. No materials may be used in the installation of the antennas or transmission lines that will cause corrosion or rust or deterioration of the Tower structure or its appurtenances. All antenna(s) on the Tower must be identified by a marking fastened securely to its bracket on the Tower and all transmission lines are to be tagged at the conduit opening where it enters any user's equipment space. Not later than fifteen (15) days following the execution of this Agreement, LESSOR shall supply to LESSEE copies of all structural analysis reports that have done with respect to the Tower and throughout the Term, LESSOR shall supply to LESSEE copies of all structural analysis reports that are done with respect to the Tower promptly after the completion of the same. Upon request of the LESSOR, LESSEE agrees to relocate its equipment on a temporary basis to another location on the Property, hereinafter referred to as the "Temporary Relocation," for the purpose of LESSOR performing maintenance, repair or similar work at the Property or on the Tower provided: 7 a. The Temporary Relocation is similar to LESSEE's existing location in size and is fully compatible for LESSEE's use, in LESSEE's reasonable determination; b. LESSOR pays all costs incurred by LESSEE for relocating LESSEE's equipment to the Temporary Relocation and improving the Temporary Relocation so that it is fully compatible for the LESSEE's use, in LESSEE's reasonable determination; c. LESSOR gives LESSEE at least ninety (90) days written notice prior to requiring LESSEE to relocate; d. LESSEE's use at the Premises is not interrupted or diminished during the relocation and LESSEE is allowed, if necessary, in LESSEE's reasonable determination, to place a temporary installation on the Property during any such relocation; and e. Upon the completion of any maintenance, repair or similar work by LESSOR, LESSEE is permitted to return to its original location from the temporary location with all costs for the same being paid by LESSOR. 13. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other licensed wireless communications providers of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after -installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other tenants, occupants, or users of the Property who currently have or in the future take possession of, all or a part of, the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws (as defined in Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 15. HOLDOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds over in violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 14 shall be equal to the rent applicable during the month immediately preceding such expiration or earlier termination. 16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third party offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in the Property as a result of the death of LESSOR, whether by will or intestate succession, or any conveyance to LESSOR's family members by direct conveyance or by conveyance to a trust for the benefit of family members shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 11 17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. 19. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no liens, judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 20. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce 10 such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. 21. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 23. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: The City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, Arkansas 72701 LESSEE: Cellco Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 11 25. SUBORDINATION AND NON -DISTURBANCE. LESSOR shall obtain a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR's option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which from time to time may encumber all or part of the Property, Tower or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Tower or Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and attornment agreement for LESSEE's benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non -Disturbance Agreement shall include the encumbering party's ("Lender's") agreement that, if Lender or its successor -in -interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Tower or Property, Lender or such successor -in -interest or Purchaser will (1) honor all of the terms of the Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defaults under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (1) confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Tower or Property and (3) agrees to accept a cure by Lender of any of LESSOR's defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 26. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 12 27. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary breach and thirty (30) days in which to cure any non -monetary breach, provided LESSEE shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR if the failure to perform such an obligation interferes with LESSEE's ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion. 28. REMEDIES. Upon a default, the non -defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in 13 the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSEE so performs any of LESSOR's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE, and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof with interest thereon from the date of payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the full undisputed amount, including all accrued interest, is fully reimbursed to LESSEE. 29. ENVIRONMENTAL. a. LESSOR shall be responsible for all obligations of compliance with applicable Federal, State and Local requirements governing environmental and industrial hygiene matters including, but not limited to, those set out in any applicable statute, regulation, order, legal decision or by common law, except to the extent that any failure to comply with a requirement is caused by the activities of LESSEE. LESSOR agrees to sign any necessary waste manifest associated with the removal, transportation and/or disposal of soils excavated at the Property during construction of LESSEE's facility. b. LESSOR shall hold LESSEE harmless, defend and indemnify LESSEE from and assume all duties, responsibility and liability, at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, attorney's fees or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which results or is alleged to have resulted from any (i) failure to comply with any legal requirement governing environmental or industrial hygiene matters except to the extent that any such non-compliance is caused by LESSEE; and (ii) environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Premises or activities conducted thereon, except to the extent that such environmental conditions are caused by LESSEE. 14 30. CASUALTY. In the event of damage by fire or other casualty to the Tower or Premises that cannot reasonably be expected to be repaired within forty- five (45) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 31. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Tower, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this Agreement as of the date the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. 15 32. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 33. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and all structural elements of the Premises in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 34. MOST FAVORED LESSEE. LESSOR represents and warrants that the rent, benefits and terms and conditions granted to LESSEE by LESSOR hereunder are now and shall be, during the Term, no less favorable than the rent, benefits and terms and conditions for substantially the same or similar tenancies or licenses granted by LESSOR to other parties. If at any time during the Term LESSOR shall offer more favorable rent, benefits or terms and conditions for substantially the same or similar tenancies or licenses as those granted hereunder, then LESSOR shall, within 30 days after the effective date of such offering, notify LESSEE of such fact and offer LESSEE the more favorable offering. If LESSEE chooses, the parties shall then enter into an amendment that shall be effective retroactively to the effective date of the more favorable offering, and shall provide the same rent, benefits or terms and conditions to LESSEE. LESSEE shall have the right to decline to accept the offering. LESSOR's compliance with this requirement shall be subject, at LESSEE's option, to independent verification. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement which 16 require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 17 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: The City of Fayetteville, Arkansas By: Print Name: Title: Date: LESSEE: Cellco Partnership d/b/a Verizon Wireless By: Print Name: Title: Date: ME-0 Exhibit A (see attached) 19 Exhibit B LESSEE'S TOWER EQUIPMENT: • 6 Commscope NHH-65C-R2B antennas (or like kind) • 3 Commscope NHHSS-65A-R2B antennas (or like kind) • 3 Samsung MT6407-77A antennas (or like kind) • 3 Samsung 132/1366A RRH ORAN (RF4439d-25A) (or like kind) • 3 Samsung 135/1313 RRH ORAN (RF4440d-13A) (or like kind) • 3 Samsung CBRS RRH-RT4401-48A (or like kind) • 3 Raycap RVZDC-6627-PF-48 (or like kind) • 6 coaxial cables (up to 1-5/8") • 3 hybrid cables 20 Exhibit C (see attached) 21 .;acobs Fayetteville Client Monthly Report for February 2022 March 18, 2022 City of Fayetteville CITY OF WA FAYETTEVILLE ARKANSAS Dear Winter, 1 want to break up with you. thinly it's time 1 start seeing other seasons. Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs Contents ExecutiveSummary..................................................................................................................................................ii 1. Plant Operations.........................................................................................................................................3 1.1 Process Control........................................................................................................................................................... 3 1.2 Biosolids Process........................................................................................................................................................3 1.3 Compliance.................................................................................................................................................................. 3 1.4 Successes...................................................................................................................................................................... 4 1.5 Issues/Resolutions.................................................................................................................................................... 5 1.6 Revenue.........................................................................................................................................................................6 Table 1-1: Revenue generated from the BMS............................................................................................................... 6 Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR.......................................................6 2. Maintenance................................................................................................................................................7 2.1 West Side....................................................................................................................................................................... 7 2.2 Noland............................................................................................................................................................................8 2.3 Lift Stations..................................................................................................................................................................8 2.4 BMS Maintenance......................................................................................................................................................9 2.5 Key Performance Indicators/Measures.......................................................................................................... 10 Figure 2-1: Labor Hours by Work Order Type............................................................................................................. 10 Figure2-2: Work Order Count by Type.......................................................................................................................... 10 2.6 Capital Improvement Projects(CIP)................................................................................................................ 11 3. Laboratory/Industrial Pretreatment...................................................................................................12 Table 3-1: Revenue generated from the Industrial Pretreatment Program(IPP)........................................ 14 Figure 3-1: IPP revenue total from surcharges, fees, and fines........................................................................... 14 Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month .......................................... 14 4. Woolsey Wet Prairie................................................................................................................................15 5. Community Outreach.............................................................................................................................16 6. Sustainability............................................................................................................................................17 7. Health & Safety/Training.......................................................................................................................18 Appendix A. Additional Information.................................................................................................................19 A.1 Effluent & Influent Data....................................................................................................................................... 19 A.2 White River Effluent Characteristics................................................................................................................ 19 Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 Executive Summary ,jacobs The project remains engaged with the City of Fayetteville in creating a biosolids drying solution. We continue to have meaningful collaborations with all stakeholders to arrive at the best possible solution for providing a dryer to avoid landfilling biosolids. The process has been stimulating and fruitful, generating many ideas for optimizing and improving the drying process. The cost of landfilling is under transition to the City. Through the end of February, Jacobs has spent $128,000 for tip fees at the landfill. This cost is unplanned in the 2022 budget and has caused our non -labor budget line to become negative for February. We are currently overspent in non -labor by $21,341. We are under spent in labor by $(72,873). Our forecasting model for the month of February shows we are under budget by $(51,532), which is a change of $21 from the January report. BUDGET PERFORMANCE $40,000 $20,000 $(20,000) $(40,000) (11,464L $(60,000) January February Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 1. Plant Operations The Noland and West Side Water Resource Recovery Facilities (WRRF's) effluent discharges were 100% in compliance with the National Pollutant Discharge Elimination System (NPDES) permit. Details of effluent quality and influent loadings are shown in Appendix A. 1.1 Process Control Noland The Noland WRRF began seeing an increase in the frequency of elevated spikes in pre -ozone fecal coliform levels. These spikes were the result of reduced aeration basin detention which caused a Lower removal rate in the biological process. West Side The West Side WRRF experienced a total of 2.5 inches of rain in February. Elevated influent flows peaked at 37 million gallons on February 17th. All extra flow was successfully treated within the NPDES permit requirements. 1.2 Biosolids Process During the month of February, the WRRF's produced 1,951 wet tons of biosolids. Approximately 172 tons of belt filter pressed biosolids were sent directly to the landfill and 1,779 wet tons were spread into the solar houses to be partially dried before landfill disposal. A total of 1,346 tons of partially dried biosolids were sent to the landfill. With 433 tons of water removed from the material before hauling to the landfill, it is estimated that $20,866 was saved in tipping fees. The total cost in tipping fees at the landfill for the month of February was $73,070. Tontitown Waste Management put a disposal restriction on local producers of sludge and other filtered by-products. For two weeks, the BMS was only allowed to dump 40-45 tons per day at the Landfill. This restriction greatly reduced the ability to partially dry biosolids before landfill disposal. To meet the WRRF's wasting demands, the BMS staff transported wet and partially dried biosolids to the Danville, AR Waste Management landfill. 1.3 Compliance The City of Fayetteville's chemical waste stream compliance documentation for both WRRF facilities was updated and renewed with Heritage Environmental. Hazardous waste stream collection and storage supplies were ordered to continue safe and compliant waste management. Sampling and document preparation began on the WRRF's SARA Tier II reporting requirements for hazardous and toxic substances that are housed at the facilities. The purpose of this annual federal report is to document hazardous materials and help prevent waste releases that could cause human or environmental harm. The West Side NPDES permit renewal application is in development to be submitted in March. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 1.4 Successes Preparations have begun to ensure that the Noland WRRF east basin will be brought online with the west basin to maximize treatment processes for compliance with April permit restrictions. The BMS lift station has an above ground pipe that returns W3 water to the Noland treatment facility. This plumbing has not frozen in the past because the thermal dryer sent heated W3 water through the return plumbing. Since the dryer is out of operation and heated water does not pass through the plumbing, the pipe froze during cold temperatures. This issue affected the operator's ability to wash down the transfer basin and solar house pad for 48 hours. Once the weather warmed and the pipe thawed, heat tape was wrapped on the plumbing, and it was covered with a tarp to avoid future issues. All full-sized hay bales produced in 2021 have been sold. It is estimated that 2 tons of half -sized bales, or bales with broken net wrap, remain onsite for sale. Water Treatment Residuals (WTR) and annual soil samples were collected from two BMS soil management areas. The first loads of WTR were applied for the year and WTR application is anticipated to significantly increase as the weather improves. �yY Application of Water Treatment Residuals The application of sludge solids from the Beaver Water District water treatment facility helps reduce the amount of extractable phosphorus in the soil and provides a moderate source of revenue to the City of Fayetteville The BMS staff performs repairs in-house on equipment when feasible. In February, several assets were repaired onsite instead of using outside labor resources. Some of these repairs included the replacement of a broken fan motor in a semi -tractor, replacing brakes on sludge trailers, and repairing a broken yoke in the PTO on the WTR spreader. Truck and trailer tires were replaced and the worn tires were sent to be repaired or recapped for future use. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 1.5 Issues/Resolutions The biological process flow has been increased throughout the month of February to manage excess storage pond inventory from various rain and snow events. Throughout these changes, ozone has been adjusted accordingly and superior effluent quality was maintained. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 1.6 Revenue Table 1-1: Revenue generated from the BMS ,jacobs Product Tons Sold/Received Revenue Generated Hay 4.8 $288 Fertilizer 0.00 $0.00 Water Treatment Residuals 72 $2,304 Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR Revenue Generated Biosolids Management Site $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,00$0 O Monthly 2021 n Zt Z" 4t Monthly 2022 Cumulative 2022 Jacobs — Fayetteville Project 6 Jacobs Fayetteville Client Monthly Report for February 2022 2. Maintenance 2.1 West Side ,jacobs Two odor control VFD's (variable frequency drives) were replaced with 630 60HP drives. West Side Odor Control Installation of New VFD's Further progress was made on implementing a more sustainable energy management program by installing motion sensors in the buildings to prevent excessive light consumption. ° West Side Maintenance Shop kMotion sensors reduce consumption of light energy Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 2.2 Noland The Noland aeration basin motor #1 was upgraded with a rebuilt motor to return the basin to effective treatment. 2.3 Lift Stations A rebuilt pump was installed in lift station 52 on Broyles Avenue and the station has returned to full capacity flow management. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 ,jacobs The Jacobs team assisted city crew members with the installation of a fiber communication box for the new Gulley water tank. I Gulley Water Tank New fiber communication equipment installed 2.4 BMS Maintenance Jacobs team members, City of Fayetteville staff, and representatives from Griffin Residuals have been working closely together to finalize blueprints for a new sludge dryer. Two options exist for the placement of the sludge dryer. One option puts the dryer in the existing thermal drying building and the other option places it in the northern solar house. The proposed layout of the dryer in each location is still being explored. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 2.5 Key Performance Indicators/Measures ,jacobs Figure 2-1: Labor Hours by Work Order Type 88.00, 0 —❑ 0.00, 0 ❑ 112.33, 0 ❑ 440.72, 0 ❑ administrative ❑ corrective maintenance emergency corrective maintenance non emergency corrective maintenance from pm/pdm preventive maintenance project ISM ❑ 650.27, 0 Figure 2-2: Work Order Count by Type 1332,89 8, 1 % ■ 0. 0% ❑ administrative ❑ corrective maintenance emergency corrective maintenance non emergency corrective maintenance from pm/pdm preventive maintenance project ❑ safety ■ 8,0% 88, 6% ❑ 26, 2% Jacobs — Fayetteville Project 10 Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 2.6 Capital Improvement Projects (CIP) Budgetary quotes were received to replace HVAC system at the West Side MCC room. The newly rebuilt pump no. 2 at lift station 52 was commissioned in February. Repairing the pump was an encumbered CIP project from 2021. A budgetary quote was received for a new submersible pump for lift station 12. Replacing a pump at this lift station was approved as a 2022 CIP project. A purchase order was issued for the repair of the backwash filter pump at West Side. Jacobs — Fayetteville Project 11 Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 3. Laboratory/Industrial Pretreatment Samples were collected at the Noland and West Side WRRF's for Dr. Wen Zhang as a continuation of the study of tracking COVID through wastewater. Samples were analyzed for COVID markers at sample locations for influent, effluent, wet weather basin, clarifier effluent, pre -ozone, bio unit influent, filter effluent, and pre -UV. West Side permit renewal samples were collected and sent to GTS for oil & grease, hardness, TKN, nitrate + nitrite, hexavalent chromium, and low-level dioxin. Lab documents and bench books were scanned to pdf and forwarded in preparation for the ADEQ Compliance Evaluation Inspection on February 10th. Soil samples collected from Areas 4AB and 5AB were sent to Geotechnical & Testing Services (GTS) for the following analyses: pH, electrical conductivity, cation -exchange capacity, total solids, sodium absorption ratio (SAR), nitrate nitrogen, phosphorus, and metals (cadmium, copper, lead, nickel, zinc, potassium, arsenic, mercury, molybdenum, selenium, aluminum, and iron). The SAR data is a measure of the ability of the soil to allow proper water drainage and root growth. An SAR below 13 indicates a well aerated soil. Results were all statistically within scope and exhibited no unusual trends. The annual WTR sample was collected and sent to Geotechnical & Testing Services (GTS) for the following parameters: pH, total solids, potassium, phosphorus, sodium absorption ratio (SAR), and metals aluminum, arsenic, cadmium, copper, iron, lead, mercury, molybdenum, nickel, selenium, and zinc. As required by Solid Waste 503 regulations to meet Class A Exceptional Quality certification, Noland and West Side belt filter press cake samples were collected and analyzed for 503 metals (arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc) and percent total solids analysis. A fertilizer sample was not available for testing due to changes in the drying process, and thereby the absence of compliance needs. All results were statistically within scope and exhibited no unusual trends. West Side Goose Creek samples were collected to complete first quarter Whole Effluent Toxicity (WET) testing and were sent to Ramboll US Consulting, Inc. for analysis. The samples passed WET testing for both species; Ceriodaphnia Dubia, water flea, for survival and reproduction and Pimephales promelas, fathead minnow, for growth assessment showing neither lethal nor sublethal effects, in the full dilution series outlined in the discharge permit for Goose Creek of 100%, 74%, 56%, 42%, 32% and 0%. Quarterly surcharge sampling was completed for ConAgra, Hiland Dairy, and Tyson. Samples were analyzed for biochemical oxygen demand, total suspended solids, total phosphorus, and pH. Data reports from this sampling event are sent to the industries for use during their daily and monthly average calculations to verify and report their compliance status. Ecotech Consumer Products was issued a Notice of Violation (NOV) for five total suspended solid violations: four exceedances of their daily maximum limit and an exceedance of their monthly Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs average limit. A response has been received per the 5-day written response requirement after NOV issuance. Orders have been placed for finer screens and additional screen stages in their pretreatment process and extensive investigation and sampling have been done to ultimately resolve this situation. Samples were collected and sent to American Interplex Corporation (AIC) for metals and oil & grease analysis to investigate the cause of the NOV's. A sewer line was discovered to be routing with the permitted process water, thereby not presenting a representative sample at the sampling location. A permit modification was issued to change the permitted sampling location to one that would be completely representative of the process. Monthly surcharge and waste hauler reports were completed and sent to the city for billing. For revenue generated from the IPP, see Table 3-1, Figure 3-1, and Figure 3-2. Jacobs — Fayetteville Project 13 Jacobs Fayetteville Client Monthly Report for February 2022 ,jacobs Table 3-1: Revenue generated from the Industrial Pretreatment Program (IPP) Revenue $85,576.83 Surcharges on January data $1,200.00 Fees from hauled waste accepted in February $0.00 Other fees paid in February $0.00 Fines assessed in February 5 TSS violations Violations on January data Figure 3-1: IPP revenue total from surcharges, fees, and fines Revenue Generated Industrial Pretreatment Program $150,000 $100,000 $50,000 - n F ❑ 2021 Monthly Surcharge Fees plus Hauled Waste Fees ❑ 2022 Monthly Surcharge Fees plus Hauled Waste Fees Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month Hauled Waste Summary 60 50 40 30 20 10 ell ,a <<e�` P P o' ��e Oc ore eoe ■ 2022 APT ■ 2021 APT ■ 2022 BJ ❑ 2021 BJ ^ 2022 TOTAL ■ 2021 TOTAL ■ 2022 CIC Jacobs — Fayetteville Project 14 Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 4. Woolsey Wet Prairie On Thursday February 10th Ozark Ecological Restoration, Inc. (OERI) and Eco, Inc. were onsite to perform Woolsey's 15th prescribed burn without incident. Every year following the controlled burn, university biology students survey the burn area to assess reptile and amphibian mortality. This year the students' efforts found zero reptile or amphibian mortality, which are the lowest post -burn mortality results to date. This year also represents one of the earliest controlled burns at Woolsey, which may largely be credited for the absence of reptile -amphibian mortality. These survey efforts and results are a great example of how university student involvement and research at Woolsey Wet Prairie has helped improve the awareness and effectiveness of management activities for responsible stewardship of Woolsey's ecological health. The Jacobs Natural Capital Management team will take advantage of the clean -slated landscape and get an early start on tracking certain highest priority invasive species; namely Callery Pear, non-native blackberries and highly invasive Reed canary and carpet grasses. Prescribe" 2022 Annual burn events will encourage new growth of native vegetation, increase the biodiversityof plant species, minimize the spread of pests and disease, and recycle nutrients back into the soil Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 5. Community Outreach The Washington County Search and Rescue K9 team utilized the BMS site for training on two weekends in February. Jacobs — Fayetteville Project 16 Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 6. Sustainability Removal of invasive species at the Goose Creek corridor promotes new growth and biodiversityOA Jacobs — Fayetteville Project 17 Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs 7. Health & Safety/Training Fayetteville's safety team completed all the required safety inspections for the month. The project had no incidents to report. The project staff all continue to work with the safety team recognizing possible unsafe conditions and performing corrective actions within an efficient timeframe. The project currently utilizes the Maintenance Connection° (MC) application to track deficiencies and apply a timeframe for corrective action items to be communicated and resolved. MC allows the project to track the time and expenses used in the management of a safe and healthy workspace. The team also added inspection rotation assignments, inspection guideline sheets, and corrective measures into the Fayetteville SharePoint site. The use of multiple platforms allows the team to track, implement, and share the details of safety inspections and upcoming meetings. Fayetteville has added the Jacobs Omni application and safe observation reports to its existing safety toolbox. The Beyond Zero Observation (BZO) tool identifies at -risk activities and environmental safety hazards while also recognizing good safe work practices. The BZO includes a report section, photograph attachment page, and a location finder. This tool allows the project to better focus on problem areas and unsafe acts. The project continues to utilize technology into the safety aspect of the job. To date Fayetteville has added the Ion City application for our workers to fill out their daily safety pre -task planning forms via tablets rather than using paper. The project will continue to focus on better alternatives to improve its safety and compliance. The Fayetteville team proudly places the health and safety of its employees' paramount above all else, and thereby, continues its stellar safety excellence. Matt Benton joined the Safety Team and began attending meetings and conducting monthly inspections. John Byrd attended Jacob's Biosolids and Data Management Webinar trainings. Donna McChristian completed the following training modules: What Do I Do With These Biosolids, CEO Leadership Roundtable, Code of Conduct, OMFS IPC Website Rollout, and multiple Jacobs Live Strategy Discussion Panels. Jacobs — Fayetteville Project Jacobs Fayetteville - Client Monthly Report for February 2022 Appendix A. Additional Information A.1 Effluent & Influent Data A.2 White River Effluent Characteristics .;acobs 2022 Monthly Average Flow (MGD) WR CBOD (mg/L) WR CBOD (lbs/d) WR TSS (mg/L) WR TSS (lbs/d) WR Phos (mg/L) WR Phos (lbs/d) WR Ammonia (mg/L) WR Ammonia (lbs/d) D.O. Avg Min (mg/L) pH Min (s.u.) pH Max (s.u.) Fecal Coliform (MPN/ 100m1) Permit Limit February 20.0 2,102 15.0 1,576 1.0 105.0 4.0 420 8.7 6.0 9.0 1,000 January 1 6.2 2.9 146 1.8 1 91 0.15 1 8.0 0.07 4 19.5 1 7.3 7.5 21 February 5.9 4.2 211 3.4 171 0.17 8.0 0.08 4 19.5 7.3 7.5 21 March April May June July August September October November December Average 6.0 3.6 179 2.6 131 0.16 8.0 0.08 4 19.5 7.3 7.5 21 White River Effluent Characteristics - Minerals 2022 WR TDS (mg/L) WR TDS (lbs/d) WR Sulfate (mg/L) WR Sulfate (lbs/d) WR Nitrate (mg/L) WR Nitrate (lbs/d) Permit Limit February 500 52,542 119 12,505 report report January 315 16,215 60 3,443 3 155 February 351 17,380 77 3,686 4 182 March April May June July August September October November December Average 333 16,798 69 3,565 3 169 Jacobs - Fayetteville Project MI Jacobs Fayetteville - Client Monthly Report for February 2022 oaco S Goose Creek Effluent Characteristics 2022 Monthly Average Flow (MGD) GC CBOD (mg/L) GC CBOD (lbs/d) GC TSS (mg/L) GC TSS (lbs/d) GC Phos (mg/L) GC Phos (lbs/d) GC Ammonia (mg/L) GC Ammonia (lbs/d) D.O. Avg Min (mg/L) pH Min (s.u.) pH Max (s.u.) Fecal Coliform (MPN/100m1) Permit Limit February 13.3 1,109.2 15.0 1,251 1.0 83.4 3.7 341.9 8.7 6.0 9.0 1,000 January 1 9.0 2.0 145.5 1.0 73 1 0.06 4.2 0.03 1 1.96 10.9 7.1 1 7.4 7 February 11.4 2.0 190.3 1.0 95 0.06 6.1 0.06 6.9 11.0 7.0 7.3 5 March April May June July August September October November December Average 10.2 2.0 167.9 1.0 84 0.06 5.1 0.05 4.4 11.0 7.1 7.3 6 Paul R. Noland Influent Characteristics Noland WRRF Monthly Average Flow (MGD) Hydraulic Loadings Percent of Design BOD Loading (lbs/d) Organic Loading Percent of Design TSS Loading (lbs/d) TSS Loading Percent of Design PO4 Loading (lbs/d) PO4 Loading Percent of Design NH3 Loading (lbs/d) NH3 Loading Percent of Design Designed (Annual Avg.) 12.6 29,666 23,198 765 2,250 January 5.5 44.0% 15,277 51.5% 8,140 35.1% 176 23.0% 742 33.0% February 7.2 57.3% 14,861 50.1% 9,849 42.5% 214 28.0% 936 41.6% March April May June July August September October November December Average 6.4 50.6% 15,069 50.8% 8,995 38.8% 195 25.5% 839 37.3% Jacobs - Fayetteville Project 20 MI Jacobs Fayetteville — Client Monthly Report for February 2022 jaco S West Side Influent Characteristics West Side WRRF Monthly Average Flow (MGD) Hydraulic Loadings Percent of Design BOD Loading (lbs/d) Organic Loading Percent of Design TSS Loading (lbs/d) TSS Loading Percent of Design PO4 Loading (lbs/d) PO4 Loading Percent of Design NH3 Loading (lbs/d) NH3 Loading Percent of Design Designed (Annual Avg.) 10.0 14,595 14,595 584 1918 January 9.0 89.9% 10,385 71.2% 12,697 87.0% 182 31.1% 1,516 79.0% February 11.3 113.4% 14,687 100.6% 14,604 100.1% 201 34.5% 1,293 67.4% March April May June July August September October November December Average 10.2 101.6% 12,536 85.9% 13,651 93.5% 191 32.8% 1,405 73.2% Jacobs — Fayetteville Project 21 7 Jacobs Fayetteville - Client Monthly Report for February 2022 jaco S Labor Status Department Job Title Employee Name Fayetteville /oetteville FTE Admin Project Manager Monty Sedlak 82.00% Admin Assistant Project Manager Leonides Moreno 100.00% Admin - Operations Operations Manager Tim Luther 100.00% Admin Environmental Specialist Jeff Hickle 100.00% Admin Health, Safety, Compliance Professional Wes Cloud 70.00% Brandi Miller- Admin Project Coordinator DeWeese 90.00% Admin Administrative Assistant Christy Taylor 100.00% Admin Administrative Assistant Kassandra Foster 100.00% BMS BMS Supervisor Peter Burrow 100.00% BMS Lead Operator John Tenberge 100.00% BMS Operator I David Dajani 100.00% BMS Equipment Operator Charlie Boger 100.00% BMS Equipment Operator Rick Witherspoon 100.00% BMS Equipment Operator Steve Cook 100.00% BMS Equipment Operator Vacant 100.00% BMS Operator In Training Ben Shondelmyer 100.00% BMS Operator In Training Vacant 100.00% BMS Operator In Training Robert Donnell 100.00% BMS Operator In Training Vacant 100.00% BMS Mechanic Mike Reed 100.00% Admin Admin-Ops Supervisor Thom Vinson 90.00% LAB Laboratory Director Donna McChristian 90.00% LAB Industrial Pretreatment Coordinator John Byrd 100.00% LAB Lead Laboratory Analyst Matt Benton 100.00% LAB Laboratory Analyst Walter Chodor 100.00% Maint Maintenance Supervisor Joshua Apeman 100.00% Maint Lead Mechanic Brian Daniels 95.00% Maint Lead Electrician Tim Marr 70.00% Maint Mechanic Robert Ingram 100.00% Maint Mechanic Buddy Carter 100.00% Maint Mechanic Vacant 100.00% Maint Mechanic Michael Spohn 100.00% Maint Mechanic Rick Dollarhide 100.00% Maint Mechanic in Training Luke Haegele 100.00% Maint Mechanic in Training Vacant 100.00% Operations Operations Supervisor Austin Ramsfield 100.00% Operations Operator II Shawn Santellanes 100.00% Operations Operator I Anthony Ramsfield 100.00% Operations Operator I Travis Patton 100.00% Operations Operator Justin Sweeney 100.00% Operations Operator In Training Tom Meunier 100.00% Operations Operator In Training Paul Goolsby 100.00% Operations Operator In Training Chandler Smothers 100.00% Operations Operator In Training Jeremy Johnson 100.00% Jacobs - Fayetteville Project 7 Jacobs Fayetteville - Client Monthly Report for February 2022 jaco S Operations Operator In Training Brittney Doyle 100.00% SCADA SCADA Supervisor Mayo Miller 100.00% SCADA Instrument & Control Tech Pat Cooley 95.00% SCADA Instrument & Control Tech Mark Gleber 100.00% Authorized Positions = 48.0 Filled Positions = 43.0 Filled FTE's= 40.8 TEMPS BMS Engineering Intern, U of A Vacant 100.00% Admin Engineering Intern, U of A Sarah Garrison 100.00% Maint Engineering Intern, U of A Vacant 100.00% SPECIAL PROJECTS (Performed in scope) Area Reason Name Hours SCADA Maintenance Maintenance Network Upgrade Campos, Edgar 28.5 Asset Manager Support Bass, Edward Lee 0 Asset Manager Support Turley, Johnny D (JD) 37 Jacobs — Fayetteville Project 23