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2022-06-14 - Agendas - Finalciry of FAYETTEVILLE ARKANSAS MEETING AGENDA Water, Sewer, and Solid Waste Committee 14 June 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 From: Tim Nyander, Utilities Director CALL TO ORDER ROLL CALL UPDATES OLD BUSINESS: NEW BUSINESS: 1. Sanitary Sewer Evaluation Study The recently completed Sewer Collection System Master Plan Update (RJN Group, 2021) recommended detailed SSES work to be completed in key basins that demonstrated significant groundwater Infiltration and stormwater Inflow (1/1) flowing to the City's largest sewer pump station. A formal selection committee was held on March 17, 2022 at which TREKK Design Group was selected for contract negotiations (RFQ 22-01, Selection #5) related to these services. This SSES will survey approximately 570 sewer manholes, and 23 miles of gravity sewer mains. Techniques will include visual pipe and manhole inspections, smoke testing, dyed water testing, CCTV inspection, and assessment of private -side 1/1 sources. The final deliverable will be a detailed work plan for rehabilitation within these two basins to reduce 1/1 and relieve stress on downstream pipes and pumping stations. Staff recommends approval of an engineering services agreement with TREKK Design Group for a Sanitary Sewer Evaluation Survey (SSES) in Sewer Flow -meter Basins SFM-04 and Temp-F2 in an amount not to exceed $428,290.25. Budgeted funds are available in the Sanitary Sewer Rehabilitation Account. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 2. Gregg Avenue Lift Station Pump Repair The Gregg Avenue Lift Station uses four submersible pumps to pass sewage through the collection system. In late March, the main seal on pump No. 1 failed. The pump was pulled and sent to Electric Motor Center for a hidden damages inspection. We have received a repair quote from Electric Motor Center for $38,845.40. Because it was necessary to have the repair facility disassemble the units to determine the extent of hidden and unknown damage to equipment already purchased, a bid waiver and/or formal sealed bidding is not necessary according to Ark. Code Ann. §19-11-203(14)(DD). Budgeted funds are available in the Lift Stations Account STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 3. Noland Macerator Pumps (2) Replacement Macerator pumps are used in the preliminary treatment process to break up (macerate) screened solids into fine particulates. These particulates are then washed of organic particles before being dewatered and disposed of in a sanitary dumpster. Noland's two macerator pumps have worked extremely hard in a very harsh environment. The existing pumps have been rebuilt multiple times and at an average cost of $4,000 - $5,000 plus 5-15 hours of labor. As these pumps approach the end of their useful lifespans, rebuilds and other maintenance are only becoming more frequent, making replacement the most economical option. This is a scheduled capital improvement project for 2022. We have received a quote from Ovivo USA for $55,334.00 plus applicable taxes for two (2) Series 300 macerator pumps. Freight is included in this price. Staff requests a competitive bid waiver because the Noland facility's screening -handling system is sold only by Ovivo USA, LLC making all components commercially unavailable through other vendors. Budgeted funds are available in the Plant Pumps & Equipment Account STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 4. Gulley Tank #1 Rehabilitation The original Gulley elevated water storage tank was constructed in 1999 and is a steel tank with 750,000-gallons of storage capacity. Per the 2018 water tank inspections performed by Garver, Inc. this tank needs routine life -cycle re -coatings work both internally and externally. A formal selection committee was held on March 17, 2022 at which Freese & Nichols was selected for contract negotiations (RFQ 22-01, Selection #6) related to these services. This engineering contract will provide plans, specifications, bidding services, and inspection services during construction. In addition to re -coatings, the design will also include installation of safety climbing cables, active tank mixing, and reconfiguration of some SCADA equipment. The backup generator and overflow pipe were upgraded as part of the recently completed contract for the construction of a sister tank at this location. Staff recommends approval of an engineering services agreement with Freese and Nichols, Inc. for professional services associated with the rehabilitation of the Gulley Elevated Water Storage Tank in an amount not to exceed $131,900.00. Budgeted funds are available in the Water Tank Improvements Account STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 5. 24-inch Waterline Reconstruction The City of Fayetteville operates a 24-inch diameter water transmission main that runs approximately 2.3-miles from S. School Avenue near Tyson Mexican Original westerly to Interstate-49, thence northerly to Martin Luther King Jr. Blvd. Portions of this Ductile Iron line were installed in the 1960's through the 1980's and is in a corrosive shale -soil environment. The line has experienced frequent leaks and disrupted service in the area. Based on the City's current water master plan and water model, the size of this line can be reduced and still meet the existing and future demands of this area. Therefore, this project design will focus on slip -lining a smaller diameter pipe (likely 18-inches) into the existing 24-inch pipe, drastically reducing overall project impacts and cost. A formal selection committee was held on March 30, 2021 and Garver, LLC was selected to perform these design services (RFQ 21-01, Selection #6). An engineering contract, scope, and fees have been prepared and reviewed by city staff. The design and bidding phases are not to exceed $255,000.00. At time of bid award, additional construction phase engineering services will be necessary as an amendment. Staff recommends approval of an Engineering Services Agreement with Garver, LLC for Design Services for Replacement of a 24-inch Waterline in an amount not to exceed $255,000.00. Funds are available in the Water System Rehabilitation/Replacement account. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 6. Overview of WWTP Monthly Report March's Monthly WWTP Report PRESENTATIONS Presentation of April's Monthly WWTP Report ATTACHMENTS SSES Engineering Agreement - TREKK Gregg Lift Station Pump Repair Quote Noland Macerator Pumps Quote Gulley Tank Engineering Agreement — Freese & Nichols Garver Agreement April WWTP Report — Jacobs ADJOURN Next Water, Sewer, Solid Waste Committee meets on Tuesday, July 12, 2022, at 5:30 p.m. Is AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And ENGINEER THIS AGREEMENT is made as of , 2022, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and TREKK Design Group (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. :y00YIWIFM NII[1ffiRIColeco]W11DIMLto]V 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. 22-0056_Standard Contract -Professional Engineering_Service SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Utilities Director shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $428,290.25. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Pricing and Hourly Rates as described in Appendix A. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall 22-0056_Standard Contract -Professional Engineering_Service 2 be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim 22-0056_Standard Contract -Professional Engineering_Service ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 22-0056_Standard Contract -Professional Engineering_Service 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 22-0056_Standard Contract -Professional Engineering_Service 5 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require 22-0056_Standard Contract -Professional Engineering_Service 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. Reuse of ENGINEER'S documents by the CITY OF FAYETTEVILLE for purposes other than this project will be at CITY OF FAYETTEVILLE'S risk. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 TREKK Design Group, LLC 2137 W. Kingsley Street — Suite B Springfield, MO 65807 22-0056_Standard Contract -Professional Engineering_Service 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE to the extent caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising 22-0056_Standard Contract -Professional Engineering_Service 8 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the 22-0056_Standard Contract -Professional Engineering_Service 9 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk FNCTINF.FR Bv. Kimberly Robinett Title: Managing Partner END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES 22-0056_Standard Contract -Professional Engineering_Service 10 EXHIBIT A SCOPE OF WORK Owner: City of Fayetteville, AR Engineer: TREKK Design Group Project: Sewer System Study (Basins SFM-04 and Temp-F2) I. GENERAL The following paragraphs provide a general description of the Work required of this Scope of Services. Subsequent paragraphs describe in detail the professional services to be provided by ENGINEER for the Sewer System Study (Basins SFM-04 and Temp-172) (Project). A. The Project. The City of Fayetteville, AR (CITY), has initiated this Sewer System Study in an effort to address sanitary sewer system I/I upstream of Lift Station #7. The current system is unable to convey wet weather flow during significant rain events. Reducing I/I upstream of Lift Station #7 will help alleviate capacity constraints and the risk of sanitary sewer overflows. This project has several important objectives, primary among these are the following: • Complete field inspections in two (2) basins identified as having excessive I/I in the 2021 Collection System Master Plan Update to identify defects contributing excessive wet weather flows. The two (2) project area basins include SFM-04 and Temp-F2. Maps of the project basins can be found on the attached exhibits. • Evaluate potential I/I contribution from private property and provide recommendations for addressing private I/I. • Provide recommendations for sewer improvements that will cost-effectively reduce I/I, improve system performance, and extend the useful life of aging and deteriorating infrastructure. • Provide planning level costs for sewer improvements in targeted basins. ENGINEER assumes that the CITY will provide the appropriate management staff at technical review meetings to make technical decisions and provide direction to ENGINEER which will allow the ENGINEER to move forward and maintain the schedule. Changes in technical direction by the CITY that result in rework by the ENGINEER may require an amendment to this scope and/or modification of the project schedule. B. General Description of Activities. The Basic Scope of Work to be performed by ENGINEER consists of project management, field investigations and data review, I/I source flow quantification, general private I/I assessment, rehabilitation recommendations, and a summary report of findings. C. Task Series Listing, This Basic Scope of Services is organized under the following Task Series: Page 1 of 8 1. Task Series 100 — Project Management, Administration, & Meetings 2. Task Series 200 — Field Investigations 3. Task Series 300 — Rehabilitation Recommendations and Reporting II. SCOPE OF WORK The following Task Series describe the Scope of Work to be provided by ENGINEER for this Project. TASK SERIES 100 - PROJECT MANAGEMENT, ADMINISTRATION, & MEETINGS The purpose of this task will be to manage, direct and oversee each element of the scope of work identified herein employed by the ENGINEER in completion of the Work. The following management activities will be provided by ENGINEER. Task 101 Project Management & Administration Services Provide project management services necessary throughout the project to successfully manage and complete the Project, including project correspondence and consultation with CITY staff; supervision and coordination of services; assignment of personnel resources; continuous monitoring of work progress; and maintenance of project controls. Prepare and submit monthly invoices and provide a monthly project status report which will accompany the monthly invoice submittal. The monthly project status reports will document work progress, the percentage of completed work, schedule status, and budget status. Deliverables: Monthly invoices and project status report. Task 102 Project Meetings & Coordination The ENGINEER shall meet with CITY staff during an initial "kick-off' meeting. The purpose of the initial meeting will be to discuss the CITY's project goals and objectives, review expectations, project roadmap, and deliverables. The ENGINEER will participate in up to ten (10) monthly progress meetings during the Project to discuss work progress, coordination efforts, inspection results, deliverable status, and any targeted discussion points or potential issues that may need resolved. The project manager and appropriate task leaders involved with current work activities shall attend on behalf of ENGINEER. The ENGINEER shall prepare an agenda and the monthly project status report before each meeting. Up to three (3) of the total eleven (11) project meetings will be in person with the remaining meetings being virtual. ENGINEER will conduct team coordination meetings as required to manage staff resources, to review deliverables, and to execute the defined scope of work. Provide review of interim technical materials, including draft deliverables, make adjustment to technical approach, and update schedule. Deliverables: Meeting Materials, Meeting Notes, and Project Schedule Page 2 of 8 TASK SERIES 200 - FIELD INVESTIGATIONS ENGINEER shall provide all equipment, labor, software, supplies, and other resources to fully complete field inspections. All structures and associated pipes must be accessible or have right of entry to property secured and provided by the CITY. ENGINEER will review available city GIS mapping to locate structures that may lack adequate easements or right of way, or other obstacles. ENGINEER will bring these areas to the attention of CITY for discussion. ENGINEER assumes that no heavy equipment will be required to access structures. ENGINEER will coordinate access with CITY where heavy equipment may be needed. Task 201 Manhole and Visual Pipe Inspections Manhole inspections will be conducted by two -person crews. Manholes will be inspected from the topside of the manhole using the TREKK360 camera to collect panoramic photos, as well as mirrors and/or high-powered spotlights if necessary. Each structural component of the manhole will be inspected and assigned a structural and I/I condition rating in accordance with the criteria rating system agreed upon with the CITY. Photographic records will be used to supplement and substantiate manhole inspection observations and recommendations. All manhole inspection data will be digitally recorded as work progresses. Visual inspections of all incoming and outgoing pipes of all accessible manhole structures inspected will be conducted. This shall include private service laterals that enter into manholes. Photographs shall be taken of the line segments from inside the manhole, showing cracked pipe; offset joints greater than 1", partially or fully collapsed pipe; or obstructions such as roots, debris, or grease. Each photograph shall be properly annotated and attached to the specific inspection record. During field activities, field technicians will confirm system network connectivity, add newly identified structures to online map, and provide sketches of routing discrepancies. Network change data will be provided to CITY to allow for GIS updates on CITY server. The field crews shall commit a minimum of 15 minutes of searching for a manhole before classifying it as "could not locate" or "buried". Metal detectors, probes, and shovels will be used in an effort to locate buried manholes. Manholes buried less than 6 inches deep in non -paved areas will be uncovered for inspection. A list and general vicinity of manholes that could not be inspected because they were buried or crews were unable to locate will be tabulated and provided to the CITY to be located and uncovered. ENGINEER will then follow-up with an inspection of the manhole once it is located and made accessible by the CITY. Deliverables: GIS Network Change Data 360-degree Imaging Data Manhole Inspection and Visual Pipe Inspection Reports with Photos (PDF format) Task 202 Smoke Testing Smoke Testing will be conducted on all line segments located within the boundary selected by the Consultant to identify I/I sources from both the public and private sector. Each positively identified source is digitally photographed and/or video documented, located and Page 3 of 8 referenced. Defective service laterals will be identified for subsequent recommended television inspections at a later date. The high rated smoke blowers combined with the use of liquid smoke allow for continuous and constant smoke production while the field crew canvasses the areas over and adjacent to the lines and conduct a perimeter check of all buildings in close proximity for evidence of smoke. Smoke testing activities will include a minimum of 48 hours advance notification to all residents within the study areas. Notification will be done by placement of bi- lingual door hangers on homes and businesses by TREKK. The notice will include general information about the testing; including instructions to fill infrequently used plumbing traps with water and a tablespoon of cooking oil to prohibit smoke from entering buildings via service lines and will be reviewed and approved by CITY prior to distribution. All emergency services including, but not limited to County Sherriff's Departments, City Police Department, City Hall, Central Dispatch and the City Fire Departments will be notified by TREKK personnel of the smoke testing and the boundaries of the testing. ENGINEER will coordinate with CITY prior to communication to emergency services. Photographic and video records will be used to supplement and substantiate smoke testing observations. All smoke testing inspections will be recorded on Consultant's field forms and input into a database compatible with ArcMap GIS software. ENGINEER will replace missing cleanout caps that do not require any cutting or glue that are found during smoke testing. CITY to supply ENGINEER with cleanout caps prior to smoke testing. Deliverables: • Defect Summary Table (Excel format) • GIS Geodatabase of Smoke Defects • Smoke Defect Photos • List of cleanout caps replaced Task 203 Dyed Water Testing Follow-up dyed water testing of suspected I/I sources identified during the smoke testing and manhole inspections will be performed to verify connection to the sanitary sewer system and quantify leakage. A fluorescent dye will be washed down any suspected I/I connection and/or adjacent storm sewers may be dye flooded. This will be accomplished by placing the dye directly into the suspect source and/or dye flooding adjacent storm sewers. Adequate water will be used to ensure that the dye has a sufficient amount of time to be observed in the downstream manhole. Presence of dyed water in the system downstream of the test verifies the I/I source connection. Dyed water testing may be conducted in conjunction with CCTV inspection of the sanitary sewer main lines to verify connections and quantify I/I. Photographic records will be made of each confirmed source identified during dyed water testing. Deliverables: • Photographic Dye Test Records Page 4 of 8 Task 204 CCTV Inspections All data gathered from smoke testing and manhole/visual pipe inspections shall be analyzed for further pipe cleaning and internal television (CCTV) inspections. It is estimated that approximately 15% of the lines will require CCTV inspection, based on the age and pipe material in the area. Light cleaning will be performed to clear the sewers of debris and any flow obstructions to allow the CCTV camera to pass through the sewer for inspection and documentation of defects. The cleaning equipment shall be a type generally recognized by the trade for the purpose of cleaning sanitary sewers. The equipment shall be capable of removing roots, dirt, grease, rocks, bricks, sand, and other materials and minor obstructions from the sewer pipes and manhole channels. Light sewer cleaning shall be completed with a high velocity jet -cleaning machine and shall be defined as up to three (3) slow passes. If more effort is required, ENGINEER will be compensated for "Heavy Cleaning", using an hourly crew charge. ENGINEER shall obtain authorization from the CITY prior to commencing heavy cleaning. CITY will respond to heavy cleaning requests within three (3) hours of receipt. For authorized "Heavy Cleaning" work, ENGINEER shall keep a log of line segments cleaned and hours spent on each line segment. ENGINEER will utilize the Noland Wastewater Facility for dumping debris removed from cleaning activities. ENGINEER will notify CITY prior to any dumping of debris. ENGINEER shall be able to utilize water from the CITY's potable water system for cleaning operation, but shall be responsible for obtaining a water meter from CITY and shall assume responsibility for payment of water used. CCTV inspections will be conducted utilizing a camera with pan and tilt capabilities. The pulling or pushing cable or tractor unit shall have a footage meter so that the location of the TV camera and point of observation will be known at all times with reference from the starting manhole. The camera shall pan to all service connections to allow for the evaluation of the condition of the connection and to view inside the service connection. The camera shall also pan to significant structural defects and/or I/I sources. The direction of the camera will be noted. The display will always begin with the numbering from upstream manhole to downstream manhole. If a reverse setup is attempted, the same numbering system shall be used; however, the direction of camera shall be switched. If an unrecorded manhole is encountered, television inspection will halt. A new manhole number will be assigned (i.e.: line segment 2-1 will become 2-2a and 2a-1). These changes will also be noted on maps and lists provided and submitted to the CITY at the conclusion of project work. The camera shall be moved through the sanitary sewer line in either direction at a uniform rate, stopping when necessary to ensure proper documentation of the sewer condition and lateral connections, but in no case will the television camera be pulled at a speed greater than 30 feet per minute. If, during the inspection operation the television camera will not pass through the sewer line, the technician shall reset his equipment in a manner so that the inspection can be performed from the opposite direction. If, again, the camera fails to pass through the entire sewer, the location and cause of camera blockage will be documented and information provided to the CITY. The inspection shall be considered complete and no additional inspection work will be required. All informational data on the pipes will be collected in NASSCO PACP format and delivered on an external hard drive to the CITY at the conclusion of the project. Deliverables: Page 5 of 8 • Pipe Run Report (PDF format) • PACP NASSCO 7 inspection database (ACCESS format) • CCTV video files Task 205 General Private I/I Assessment ENGINEER will evaluate the potential I/I contribution from private property in the two study basins and provide recommendations for addressing private I/I. A preliminary visual reconnaissance will be conducted in the area to determine the general age of housing construction, basement types, visual identification of sump pump discharge pipes, and other potential indicators of private I/I sources. ENGINEER will reach out to City personnel and local plumbers who may also be able to provide additional input on historical plumbing practices and the potential of sump pump, foundation drain, and other directly connected sources of I/I. Following the initial reconnaissance for the potential existence of private I/I, ENGINEER will send informational letters (up to 200 letters) to property owners in targeted areas asking for permission to perform an evaluation of the property for the purpose of identifying potential sources of I/I. Letters will provide an overview of I/I, the problems excessive I/I causes, and how the City is working to address it to improve sewer operations and customer service. The initial letter will ask property owners to contact the project team to schedule an appointment for an external/internal building evaluation to identify potential I/I sources. These efforts will be on a voluntary basis and an attempt to understand the extent of private side I/I and the cost effectiveness for widespread implementation. ENGINEER will conduct up to 40 sample evaluations over a 1-week period. Private I/I sources will be identified and recorded along with recommended plumbing improvements and associated costs needed to disconnect the I/I sources. ENGINEER will prepare a technical memorandum summarizing the results of the initial assessment, findings from the sample building evaluations, and planning level recommendations for addressing Private I/I moving forward. Planning level costs for implementing a Private I/I program will be included. Deliverables: Private I/I Technical Memorandum Task 206 Supplemental Traffic Control Traffic safety precautions will be followed in accordance with CITY expectations and all field technicians will wear safety vest or work shirts that are designed for high visibility to allow for greater protection for themselves and the public. Light traffic control will be conducted and included within the base inspection rates. This includes Utility Work Ahead Signs and cones. Any heavy traffic control required that includes barricades, sign boards, arrow boards, lane closures, or trail closures will be coordinated with a subcontracted traffic control specialist. The project budget includes an allowance to cover expenses related to the heavy traffic control efforts. ENGINEER will not be responsible for any traffic control permits. Page 6 of 8 TASK SERIES 300 - REHABILITATION RECOMMENDATIONS AND REPORTING Task 301 I/I Source Flow Quantification The Engineer will assign PI source flow rates based upon information collected during field inspection activities. Source unit flow rates will be adjusted accordingly so that total source flows reasonably match projected 1-year/60-minute I/I flow rates, based upon historical flow data. A certain percentage of I/I flow will be attributed to unidentified I/I sources. The unidentified sources would be those which investigations were unable to verify. These typically include building foundation drains, sump pumps, private service laterals, and other such sources for which smoke testing and inspection activities are not totally effective. A prioritized I/I elimination analysis will then be conducted to compare costs associated with I/I source repair to estimated defect flow contribution ($/gpm). Task 302 Rehabilitation Recommendations Following the completion of the field inspections, ENGINEER will complete a design -based review of manhole, smoke, and CCTV data to establish a list of manholes, sewer mains, and private I/I defects recommended for repair. Manhole data, CCTV videos, and field photos will be reviewed thoroughly to determine specific repairs and estimated costs. Sewer main recommendations for open cut or trenchless repairs will be made based on the severity of defects, existing ovality of the pipe, as well as access/surface considerations. Defective service connections will be included in the recommended repairs utilizing both trenchless and open cut methods. Repairs will generally be categorized as Priority 1, Priority 2, and Priority 3 to allow the CITY budget and plan for immediate and long term repairs. Upon the completion of the rehabilitation recommendations, ENGINEER will meet with the CITY to discuss the findings and future planned construction projects that may affect the recommendations and priority levels. Following CITY approval of final repair recommendations, ENGINEER will prepare final deliverables. Deliverables: • Prioritized manhole rehabilitation schedule • Prioritized sewer main rehabilitation schedule • Prioritized private I/I defect rehabilitation schedule • Map of final rehabilitation plan Task 303 Summary Report and Deliverables The ENGINEER will provide a report to summarize all work activities, collected data, observations, and recommendations to the CITY. Report will include summaries of the following: • Description of field inspections completed. • Field inspection data. • General findings from field inspections. • I/I source flow summary and cost prioritization • Prioritized rehabilitation recommendations • Recommendations for next steps Page 7 of 8 The ENGINEER will meet with the CITY, following review of the draft report, to discuss any questions the CITY may have. A final report will be submitted after review comments have been added. Four (4) copies of the final report will be submitted in both hard copy and in electronic format. (End of Scope of Services) Page 8 of 8 w101-s�lwv r Je P c e y Z W Markham Rdl Ka2orrJacK Stadium i l University o Arkans-as Maps Contributors, Arkansas GIS Office, msetvation, Missouri DNR, Texas Parks & IIMin,'SafeGraph, Geo chnologies, Iw JSGS, EPA, NPS, US Census Burrgiu, USDA, Maxar BASIN SFM-04 • SFM04Manholes SFM04Mains Basins Name SFM-04 0 295 590 1,180 1 1 1 1 1 1 1 1 1 W Wegington r 0 M .Mol�. W P.ertsimmon SFM-04-1 Jefferson inCS•F��CttCuillC ■ 0 W. a7do , '4� 9 II 3 � � vp -rosoft, Esri Community Maps Conti"IbUtOrs, Arkansas GIS Office, Missouri Dept. ConserVation, MISS011rf DNR, Texas Parks & Wildli c nStreAMap, Microsoft, Esri, HERE, Gannin, SafeGrap eo ho7o6oc( ies, Inc. METIMASA, USGS, .,. n NPS. US CenSLPS Bureau. USDA r, �S • SFM04Manholes SFM04Mains Basins Name SFM-04-1 0 105 210 420 1 I I I 1 I I I 1 BASIN SFM-04-1 TTT-KK r", yr Salem Rd IN I N • TempF2Manholes — TempF2Mains Basins Name Temp-F2 GOP 14 �3 s' mint •>� LSu C:o[if , munitY.."Maps ConirrbutoIs, AIkamaS vIS c Missouri pt. of Conservation, Missouri DNR, Texas Pai K, Wildlife, 4r HERE, Garrnin, SafeGraph, GeoTechalogr�s4nc— USGS, EPA, NPS, US Census Bureau, USDA, Maxar BASIN Temp-F2 0 270 540 1,080 T T?:— M TEM Sewer System Study (Basins SFM-04 and Temp-F2) Fayetteville, Arkansas Anticipated Schedule - TREKK DESIGN GROUP, LLC 2022 2023 July August September October November December January February March April May June 3 10 17 24 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 T15 22 29 5 12 19 26 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 Contract Tasks: Task 100 - Project Management, Administration, and Meetings: 101 Project Administration 102 Project Meetings and Coordination (11 meetings) NTP Task 200 - Field Investigations: 201 Manhole and Visual Pipe Inspections (assume 580 manholes) 202 Smoke Testing (assume 123,000 ft) 203 Dyed Water Testing (15 tests) 204 CCTV Inspections (assume 19,000 If - 15%) 205 General Private 1/1 Assessment 206 Supplimental Traffic Control (if needed) Task 300 - Rehabilitation Recommendations and Reporting: 301 1/1 Source Flow Quantification 302 Rehabilitation Recommendations 303 Summary Report and Deliverables 2022 Schedule of Hourly Billing Rates SEWER SYSTEM STUDY (BASINS SFM-04 AND TEMP-F2) City of Fayetteville, AR (CITY) TREKK Design Group, LLC (ENGINEER) 2022 Compensation for Professional Engineering 5ervices1 TREKK Design Group, LLC (TREKK) The OWNER5's payment to the ENGINEER shall be due and payable as follows: I. For Professional Engineering Services, when authorized and agreed upon in writing, an amount based upon hourly billing rates plus expenses, in accordance with Section III below allowable salary range for each position classification and expenses, or a negotiated amount as agreed upon. II. For Other Services, when authorized and agreed upon in writing, an amount based upon hourly rates plus expenses or unit rates, in accordance with Section III below, or a negotiated amount as agreed upon. III. Hourly Billing Rates and Expenses: Project Principal S200.85 $275.78 Senior Professional Land Surveyor $151.41 $223,87 Project Manager $101.97 $275.78 Professional Land Surveyor 1 $126.69 $188.18 Senior Professional Engineer $169.95 $266.05 Professional Land Surveyor 11 $105.05 $155.74 Professional Engineer 1 $151.41 $240.09 Professional Land Surveyor Ill $86.52 $129.78 Professional Engineer 11 $126.69 $188.18 Senior Survey Technician $108.15 $171.96 Professional Engineer Ill $108.15 S155.74 Survey Technician 1 $86.52 $13627 SeniorProject Engineer S142.14 S210.89 Survey Technician 11 $64.89 $103.82 Project Engineer S117.42 $175.20 Su rvey Techn ician I 11 $55.62 $77.87 Project Engineer 11 $98.88 $145.00 Survey Crew (2-3 person crews) $175.00 $252.45 Project Engineer 111 $83.43 S123.29 LiDAR Crew $214.20 $319.00 Senior Industry Specialist 5179.22 S275.78 Slam Crew $107.10 5190.30 Industry Specialist 1 $148.32 $220.63 Surrey Crew Chief 1 $80.34 $126.54 Industry Specialist 11 $123.60 $181.69 Survey Crew Chief 11 $64.89 - $100.58 Industry Specialist Ill $101.97 $152.49 Survey Rodman $55.52 $77.87 Office Technician 1 $90.34 $120.05 Senior UtilityCoordinator $100.98 $185.13 DMice Technician 11 $67.98 SlD0.58 Utility Coordinator 1 $80.34 $126.54 Office Technician III $55.62 $84.35 Utility Coordinator II $64.89 $97.34 GIS Analyst 1 $98.88 $158.98 Utility Coordinator Ill $55.52 $77.87 GIS Ana" 11 $83.43 $120.05 Senior Con structionlnspector $92.70 $146.00 GIS Analyst III $71.07 $103.92 Construction Inspector 1 $77.25 $113.56 GISTechnician I S90.34 $120.05 Construction Inspector 11 $54.89 S97.34 GIS Technician 11 S67.98 S100.58 Construction Inspector Ill S55 62 S81.11 GIS Technician Ill S55.62 S84.35 Asset Management Specialist S139.05 S204.40 Field Crew $132.87 $178.45 PMD Specialist $139.05 $204.40 Senior Field Technician $92.70 $145.00 Innovation Specialist $123.60 $181.69 Field Technician 1 $74.16 $116.80 Controller $117.42 $168.71 Field Technician II S54.89 S90.85 Accounting Specialist 1 $89.61 S129.78 Field Technician Ill $55.62 $77.87 Accounting Specialist 11 $64.89 $100.58 Senior Project Designer $120.51 $165.47 Administrative Specialist $55.62 $96.36 Project Designer 1 $105.05 $146.00 Dye Test Crew $250.0o hr Project Designer 11 $92.70 $126.54 Heavy Cleaning Truck and Crew $365.00 hr Project Designer 111 $90.34 $110.31 Manhole Inspection 5135.00 ea CADDTedmician 1 $77.25 $113.56 CCTV Inspection $2,85 ft CADDTe€hnician11 W-99 $97.34 Smoke Testing $0.56 ft CADD Technician Ill $55.62 $77.87 Mileage $0.585 mi Other Expenses Cast Note 1. The above hourly rates and unit prices are good through December 31, 2022. The Total Project Fee shall not exceed $428,290.25 as outlined below: Task 100 - Project Management, Administration and Meetings...........................................$34,008 Task 200 - Field Investigations................................................................................. $291,374 Task 300 - Rehabilitation Recommendations and Reporting.............................................$102,908 ■ Pg-1 TR::KK EXHIBIT B: FEE ESTIMATE Project Name & Number: Fayetteville, AR Sewer System Study (Basins SFM-04 and Temp-F2) SFM-04 94538 449 Temp-1`2 27209 120 Project Principal Project Project/Field PE III GIS Analyst Office Field Manager Private 1/1 Admin Manager/PE Coordinator Technician 11 Technician Labor Units Direct Exp Sub -Total UNIT COSTS Sub -Total Mileage Sub -Total TOTAL $249.00 $186.00 $155.00 $133.00 $111.00 $80.00 $121.00 $110.00 $94.00 Units Quant Rate $ 0.585 Is t Administration TProject 8 40 32 Meetings and Coordination (11 meetings) 4 28 32 30 • • • 1,200 201 Manhole and Visual Pipe Inspections (assume 580 manholes) 8 18 18 145 • • Each 580 $135 202 Smoke Testing (assume 123,000 ft) 8 16 8 24 • • • Linear Foot 123,000 $0.56 II 203 Dyed Water Testing (15 tests) 4 4 4 : • • Crew -Hour 40 $250 • • • : • : r r 204 CCTV Inspections (assume 19,000 If - 15%) 12 16 8 30 51 :. • • Linear Foot 19,000 $2.85 CCTV Heavy Cleaning Hourly 18 $365 205 General Private 1/1 Assessment 8 8 40 8 40 40 40 • • Letters 200 $1 • • 650 206 Supplemental Traffic Control (if needed) 8 • • Hourly 36 $250 • • • r • • r r 301 1/1 Source Flow Quantification 20 42 20 • • • r r 302 Rehabilitation Recommendations Engineer Data Review and Rehabilitation Recommendations (Manholes) 2 30 116 Engineer Data Review and Rehabilitation Recommendations (24,000 ft Sewer Mains) 2 20 80 : Engineer Data Review and Rehabilitation Recommendations (Private 1/1) 8 24 Prepare Rehabiliation Schedule 4 40 40 303 Summary Report and Deliverables Draft Summary Report 16 40 20 80 Draft Report Review Meeting 2 8 8 8 ' Final Summary Report and Deliverables 4 20 20 TOTAL MAN-HOURS / QUANTITY 286 202 40 1 40 50 448 88 260 L 40 TREKK DESIGN GROUP• •1 I I-115-1 11r5=1 115; Air�Wests Farm-1 Wr RG=1 SFM-01 RG-2' SFM-03 --L Te m pIF 2 SFM-03B Temp-F3 T� Temp-F1 -ky h =M=05 n I T� RG-5_ -M =1 =06 RG-10 WfMI--,1 W13B-1 L W18B/C RG-6 44 W" SFM-18/19 :SFM-09 SFM 07/08 RG-9 ►��— �j 117-2 5 13-1 SFM-10/11 � �I l 14-1 B 14-1 — 11 _SFM-12 RG-8 SFM-14 W 18C-1 W78 -15/16 SFM-1 8'SFM-19 W2M o�- RG-7� \ _ -W24-1 III P--- SFI'-71 SFM-17 4 r n Qrou o RJN Rain Gauges Lift Stations Gravity Mains Streets CITY OF Flow Meter and Rain Gauge Locations g Y _ FAYETTEVILLE City of Fayetteville Master Plan ARM[AN5A5 nfrastructure for tomorrow Flow Meter i TreatmentP l n F r M Mains ete Sites Plants Force a s Exhibit 1 ELECTRIC MOTOR CENTER 804 N. JEFFERSON SPRINGDALE, AR 72764 PHONE; (479)756-8040 FAX;(479)756-0567 EMAIL rayatemc@gmai6com NUMBER OF PAGES;__ r 11 DATE; S- e _ Z Z SUBJECT;��° "' " FROM; XoJ6. G( Ovivo USA, LLC 4246 Riverboat Road, Suite 300 Salt Lake City, UT 84123 wa,id..,d� Exa�.e. i� weear Trweemene Phone: (801) 931-3000 Fax:(801)931-3080 Customer Quote ATTENTION: Buddy Carter PHONE NO: 479-443-3292 SOLD TO CUSTOMER NUMBER 101615 SHIP TO CH2MHill 1400 N Fox Hunter Rd Fayetteville AR 72701 USA Paul R. Noland WWTP 1400 N Fox Hunter Rd Fayetteville AR 72701 USA QUOTE # DATE I TERMS CUSTOMER RFQ SALESPERSON CURRENCY ::] QSSW106023 5/24/2022 Net 30 days ETEC USD L# I Items Quantity U/M I Lead Time I Unit Price I Total Value Ovivo can also provide you with installation labor services Please contact us for additional turn -key pricing. 1. Shipment: Approximately 9-11 WEEKS after receipt of purchase order and any required data. Lead times can vary depending on time of order placement and current inventory levels. 2. Quantities: The prices are based on the quantities shown and are subject to increase if a lesser quantity is required. 3. FCA: shipping point 4. Freight: ALLOWED, standard ground shipping only. 5. Packing: Made ready for standard transport. 6. Items quoted per customer provided part numbers. 7. This quote is valid for 30 Days. However, stainless steel parts pricing is valid for 10 days. 8. $100.00 Minimum Order 9. All sales are final. DATE: 5/26/2022 Ovivo USA, LLC 4246 Riverboat Road, Suite 300 Salt Lake City, UT 84123 wa,id...d� Exa�.e. i� weear Trweemene Phone: (801) 931-3000 Fax:(801)931-3080 Customer Quote ATTENTION: Buddy Carter PHONE NO: 479-443-3292 SOLD TO CUSTOMER NUMBER 101615 SHIP TO CH2MHill 1400 N Fox Hunter Rd Fayetteville AR 72701 USA Paul R. Noland WWTP 1400 N Fox Hunter Rd Fayetteville AR 72701 USA QUOTE # DATE TERMS CUSTOMER RFQ SALESPERSON CURRENCY ::] QSSW106023 5/24/2022 Net 30 days ETEC USD L# Items Quantity U/M Lead Time Unit Price Total Value Ovivo can also provide you with installation labor services. Please contact us for additional turn -key pricing. 1 PART # 560831 2 EA 9-11 Weeks 27,667.00 55,334.00 MACIPUMP,300 SERIES 350 S/E (160 FRAME) Your point of contact is: Ben Dansie Aftermarket Parts and Rebuild Specialist Inlet Works Email: benjamin.dansie@ovivowater.com Cel l:385-290-9841 Fax:801-931-3080 Sale Amount: 55,334.00 Total Amount: 55,334.00 USD DATE: 5/26/2022 A) The Ovivo USA, LLC Terms and Conditions of Sale are attached and made essential parts of the Ovivo USA, LLC proposal or purchase order confirmation. These terms and conditions replace and supersede any terms and conditions or warranty included in Buyer's or Owner's purchase order, requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo USA, LLC. B) GST and all other taxes are extra, if applicable. C) Pricing valid for acceptance 30 days from date of the proposal document, and will be subject to change thereafter. D) Shipping shall be (FCA) Free Carrier at point of manufacture unless otherwise stated above. Insurance is the responsibility of Buyer. E) Payment terms are stated above. F) Duty, freight and brokerage costs are for Buyer's account unless stated otherwise herein. G) Minimum billing of $100 per order. H) Notwithstanding any liabilities or responsibilities it has assumed hereunder, Ovivo USA, LLC shall in no event be responsible to Buyer or any third parry in contract or in tort, or otherwise, for loss or damage sustained as a result of the operation of the equipment, loss of use, expenses involved in loss of capital claims or Buyer's or Owner's loss of profit or revenues, or any other indirect, incidental, special or consequential loss or damage, whether arising from defects, delay, or any other cause whatsoever. I) Current Ovivo USA, LLC paint specifications shall apply unless otherwise specified. J) Any and all stock or "off the shelf' parts returned to Ovivo USA, LLC are subject to a re -stocking fee equal to 25% of their respective invoice price. All other parts, including but not limited to customized and special manufactured parts, shall, at the sole discretion of Ovivo USA, LLC be (i) subject to a restocking fee of 45% of their respective invoice price or (ii) non-refundable. PLEASE ADDRESS AND SUBMIT YOUR PURCHASE ORDER TO THE ADDRESS INDICATED ABOVE. DATE: 5/26/2022 -40A wcrrdwbde Experts In water Trnetmn Terms & Conditions of Sale 1. ACCEPTANCE. The proposal of Ovivo USA. LLC ("SELLER"), as well as these terms and conditions of sale (collectively the "Agreement"), constitutes SELLER'S contractual offer of goods and associated services, and PURCHASER's acceptance of this offer is expressly limited to the terms of the Agreement. The scope and terms and conditions of this Agreement represent the entire offer by SELLER and supersede all other solicitations, discussions, agreements, understandings and representations between the parties. Any scope or terms and conditions included in PURCHASERS acceptance/purchase order that are in addition to or different from this Agreement are hereby rejected. 2. DELIVERY. Any statements relating to the date of shipment of the Products (as defined below) represent SELLER's best estimate, but is not guaranteed, and SELLER shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in SELLER's proposal. If such delivery is prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled at its option to lender delivery to PURCHASER at the point or points of manufacture, and in default of PURCHASERs acceptance of delivery to cause the Products to be stored at such a point or points of manufacture at PURCHASER's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this agreement. If shipment is postponed at request of PURCHASER, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from SELLER that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when invoiced. Delivery by SELLER of the Products shall constitute acceptance of the Products by PURCHASER, unless written notice of defect or nonconformity is received by SELLER within thirty (30) days of SELLER's delivery of the Products. 3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title, and interest in the Products to the extent permitted by applicable law, including a security interest in the Products, until the full purchase price has been paid to SELLER. The giving and accepting of drafts, notes andor trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass SELLERS interests until said drafts, notes and/or trade acceptances are paid in full. Risk of loss shall pass to PURCHASER at the delivery point. 4. PAYMENT TERMS. SELLER reserves the right to ship the Products and be paid for such on a pro rate basis, as shipped. If payments are not made by the due date, interest at a rate of two percent (2%) per month, calculated daily, shall apply from the due date for payment. PURCHASER is liable to pay SELLERS legal fees and all other expenses in respect of enforcing or attempting to enforce any of SELLERS rights relating to a breach or threatened breach of the payment terms by PURCHASER. In the event of nonpayment SELLER reserves the further right to seek compensation from any third party in possession of the Products. S. TAXES. Unless otherwise specifically provided in SELLER's quotation/proposal; PURCHASER shall pay and/or reimburse SELLER, in addition to the price, for all sales, use and other taxes, excises and charges which SELLER may pay or be required to pay to any government directly or indirectly in connection with the production, sale, transportation, andor use by SELLER or PURCHASER, of any of the Products or services dealt with herein (whether the same may be regarded as personal or real property). PURCHASER agrees to pay all property and other taxes which may be levied, assessed or charged against or upon any of the Products on or after the date of actual shipment, or placing into storage for PURCHASER's account. 6. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that new equipment and parts manufactured by it and provided to PURCHASER (collectively, "Products') shall be free from defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the equipment not to exceed eighteen (18) months from the earliest of the notice of readiness to ship or the actual shipment If any of SELLER's Products fail to comply with the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER, EX WORKS SELLERS FACTORIES or other location that SELLER designates, any Product or parts thereof returned to SELLER, which examination shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representative to PURCHASERS job site to inspect warranty Product. If it is determined after inspection that SELLER is liable under this waanty to repair or replace the Product or part thereof, SELLER shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is determined after inspection that SELLER is not liable under this warranty, PURCHASER shall pay those costs. For SELLER to be liable with respect to this warranty, PURCHASER must make its claims to SELLER with respect to this warranty in writing no later than thirty (30) days after the date PURCHASER discovers the basis for its warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any of the following: p) failure of the Products, or damages to them, due to PURCHASER's negligence or willful misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or written instructions that SELLER provides to the PURCHASER); (ii) any Products that have been altered or repaired in any way without SELLER's prior written authorization; (III) The costs of dismantling and reinstallation of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products by chemical action, erosion or corrosion or wear to Products or due to conditions of temperature, moisture and dirt; or (vi) claims with respect to parts that are consumable and normally replaced during maintenance such as filter media, filter drainage belts and the like, except where such parts are not performing to SELLERS estimate of normal service life, in which case, SELLER shall only be liable for the pro rate cost of replacement of those parts based on SELLER's estimate of what the remaining service life of those parts should have been; provided, that failure of those parts did not result from any of the matters listed in clauses (i) through (v) above. With regard to third -party parts, equipment, accessories or components not of SELLERS design, SELLER's liability shall be limited solely to the assignment of available third -party warranties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under this Agreement including but not limited to any failure to pay any charges due to SELLER. SELLER's quoted price for the Products is based upon this warranty. Any increase in warranty obligation may be subject to an increase in price. 7. CONFIDENTIAL AND PROPRIETARY INFORMATION. All nonpublic or proprietary information and data furnished to PURCHASER hereunder, including but not limited to price, size, type, design and other technical or business information relating to the Products is the sole property of SELLER and submitted for PURCHASER's own confidential use solely in connection with this Agreement and is not to be made known or available to any third party without SELLER's prior written consent. 8. SURFACE COATING. Any Product coating provided by SELLER shall be in accordance with SELLERS standard practice, unless otherwise agreed in writing. 9. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests to approve drawings before commencement of manufacture, shipment may be delayed if approved drawings are not returned to SELLER within fourteen (14) days of receipt by PURCHASER of such drawings for approval. SELLER will furnish only general arrangement, general assembly, and if required, wiring diagrams, erection drawings, installation and operation -maintenance manuals for SELLER's equipment (in English language). SELLER will supply six (6) complete sets of drawings and operating instructions. Additional sets will be paid for by PURCHASER Electronic files, if requested from SELLER, will be provided in pdf, jpg or fifformal only. 10. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all payments due to SELLER hereunder shall be paid when due and shall not be setoff or applied against any money due or claimed to be due from SELLER to PURCHASER on account of any other transaction or claim. 11. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any information processing program supplied by SELLER with the Products. PURCHASER acknowledges that such programs and the information contained therein is Confidential Information and agrees: a) not to copy or duplicate the program except for archival or security purposes; b) not to use the program on any computer other than the computer with which it is supplied; and c) to limit access to the program to those of its employees who are necessary to permit authorized use of the program. PURCHASER agrees to execute and be bound by the terms of any software license applicable to the Products supplied. 12. PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against PURCHASER based upon claims that SELLER's Product hereunder in and of itself constitutes an infringement of any valid apparatus claims of any United States patent issued and existing as of the date of this Agreement, if notified promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER shall indemnify the PURCHASER against such claims of infringement. Furthermore, in case the use of the Products is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own expense and discretion, (a) procure for the PURCHASER the right to continue using the Products, (b) replace the same with non -infringing Products, (c) modify the Product so it becomes non -infringing, or (it) remove the Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and PURCHASER shall indemnify SELLER for, any claim of infringement related to (a) the use of the Products for any purpose other than that for which it was furnished by SELLER, (b) compliance with equipment designs not furnished by SELLER or (c) use of the Products in combination with any other equipment. The foregoing states the sole liability of SELLER for patent infringement with respect to the Products 13. GENERAL INDEMNITY. Subject to the limitations of liabilities of the parties set forth in this Agreement, each party shall protect and indemnify the other party, its parent and their respective officers, directors, employees and agents, from and against all claims, demands and causes of action asserted by, or in favor of, any entity to the extent of the indemnifying parrs negligence or willful misconduct in connection with the performance of this agreement. 14. DEFAULT, TERMINATION. In the event that PURCHASER becomes insolvent, commits an act of bankruptcy or defaults in the performance of any term or condition of this Agreement, the entire unpaid portion of the purchase price shall, without notice or demand, become immediately due and payable. SELLER at its option, without notice or demand, shall be entitled to sue for said balance and for reasonable legal fees, plus out-of-pocket expenses and interest; andor to enter any place where the Products are located and to take immediate possession of and remove the Products, with or without legal process; andor retain all payments made as compensation for the use of the Products: and/or resell the Products, without notice or demand, for and on behalf of the PURCHASER, and to apply the net proceeds from such sale (after deduction from the sale price of all expenses of such sale and all expenses of retaking possession, repairs necessary to put the Products in saleable condition, storage charges, taxes, liens, collection and legal fees and all other expenses in connection therewith) to the balance then due to SELLER for the Products and to receive from the PURCHASER the deficiency between such net proceeds of sale and such balance. PURCHASER hereby waives all trespass, damage and claims resulting from any such entry, repossession, removal, retention, repair, alteration and sale. The remedies provided in this paragraph are in addition to and not limitations of any other rights of SELLER. 15. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER thirty (30) days prior written notice of such fact and paying SELLER for all costs and expenses (including overhead) incurred by it in performing its work and closing out the same plus a reasonable profit thereon. All such costs and expenses shall be paid to SELLER within ten (10) days of the termination of the Agreement, or be subject to an additional late payment penalty of five percent (5%) of the total amount of costs and expenses owed. 16. REMEDIES. The rights and remedies of the PURCHASER in connection with the goods and services provided by SELLER hereunder are exclusive and limited to the rights and remedies expressly stated in this Agreement. 17. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLERS facility. SELLER reserves the right to determine the reasonableness of the request and to select an appropriate time for such inspection. All costs of inspections not expressly included as an itemized part of the quoted price of the Products in this Agreement shall be paid by PURCHASER. 18. WAIVER. Any failure by SELLER to enforce PURCHASER's strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. 19. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions require anything different from, or in addition to that called for by this Agreement, SELLER will satisfy such requirements at PURCHASER's written request and expense. 20. FORCE MAJEURE, If SELLER is rendered unable, wholly or in material part, directly or indirectly, by reason of Force Majeure, to carry out any of its obligations hereunder, then on SELLERS notice in writing to PURCHASER within a reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended. "Force Majeure" shall include, but not be limited to, acts of God, epidemics and pandemics, acts of or delays caused by governmental authorities, changes in laws and regulations, strikes, civil disobedience or unrest, lightning, fire, flood, washout, storm, communication lines failure, delays of the PURCHASER or PURCHASER's subcontractors, breakage or accident to equipment or machinery, wars, police actions, terrorism, embargos, and any other causes that are not reasonably within the control of the SELLER. If the delay is the result of PURCHASER's action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to reimbursement of costs incurred to maintain its schedule. For the avoidance of doubt, if the cause relied upon has commenced prior to the Parties entered into a contracting relationship, it shall not render the cause void and/or not capable of being included within the definitions of Force Majeure, as listed within this Article 20. 21. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an independent contractor, and that neither SELLER nor its principals, partners, parents, subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever. 22. SEVERABILITY. Should any portion of this Agreement, be held to be invalid or unenforceable under applicable law then the validity of the remaining portions thereof shall not be affected by such invalidity or unenforceability and shall remain in full force and effect. Furthermore, any invalid or unenforceable provision shall be modified accordingly within the confines of applicable law, giving maximum permissible effect to the parties' intentions expressed herein. 23. CHOICE OF LAW. CHOICE OF VENUE. This Agreement shall be governed and construed in accordance with the laws of the State of Utah, without regard to its rules regarding conflicts or choice of law. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake City, Utah. 24. ASSIGNMENT. PURCHASER shall not assign or transfer this Agreement without the prior written consent of SELLER. Any attempt to make such an assignment or transfer shall be null and void. SELLER shall have the authority to assign, or otherwise transfer, its rights and obligations in connection with this Agreement, in whole or in part, upon prior written notice to PURCHASER. 25. LIMITATION ON LIABILITY. To the extent permissible by law, SELLER shall HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT in excess of the amount paid by purchaser for the products giving rise to such liability. Notwithstanding any liabilities or responsibilities assumed by SELLER hereunder, SELLER shall in no event be responsible to PURCHASER or any third party, whether arising under contract, tort (including negligence), strict liability, or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, non -operation or increased expense of operation, loss of data, service interruptions, cost of purchased or replacement power, cost of money, loss of use of capital or revenue or any other indirect, incidental, special, punitive, exemplary, or consequential loss or damage, whether arising from defects, delay, or from any other cause whatsoeVER. 26. PRIVACY AND DATA PROTECTION. Seller has put in place rigorous safeguards and procedures regarding privacy and data protection, notably the Ovivo Privacy Policy (ovivowater.com/privacy-policy), and requires that Purchaser adhere to its data protection principles to the extent applicable to Purchaser. 27. DATA COLLECTION. PURCHASER consents to the collection of the Product's operational data and to the use of such data for the purpose of improving the Products and other purposes stated herein. PURCHASER further agrees that such data collection does not constitute a performance monitoring service or duty by SELLER. 28. INSURANCE. SELLER shall maintain that its current levels of insurance for the duration of the Project, as set forth in its standard certifcate of insurance, available upon request. 29. BONDS. If PURCHASER deems it necessary, and within ten (10) days of PURCHASER's request, SELLER shall provide one or more Bonds in favor of PURCHASER, at PURCHASERS expense, by an institution, and in a form, approved in advance by SELLER. 30. PERMITS. PURCHASER shall be solely responsible to obtain and maintain in force all necessary permits with respect to any products to be provided by SELLER hereunder and any intended use by PURCHASER. REVISED - March 2020 DATE: 5/26/2022 AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And FREESE AND NICHOLS, INC. THIS AGREEMENT is made as of , 2022, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and FREESE AND NICHOLS, INC. (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER. 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. Revised Standard Contract - Professional Engineering Services SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER. 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform its services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The Utilities Director shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $131,900.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as described in Appendix A. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall Revised Standard Contract - Professional Engineering Services 2 be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following minimum insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim Revised Standard Contract - Professional Engineering Services ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. Revised Standard Contract - Professional Engineering Services 4 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is determined that ENGINEER had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of this clause. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. Revised Standard Contract - Professional Engineering Services 5 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER CITY OF FAYETTEVILLE may require Revised Standard Contract - Professional Engineering Services 6 deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD drawings, estimates, field notes, and project data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or electronic media prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 113 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 5001 W Founders Way, Suite 100 Rogers, Arkansas 72758 Revised Standard Contract - Professional Engineering Services 7 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other parry of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising Revised Standard Contract - Professional Engineering Services 8 out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. 7.3.2 Records under Paragraph 7.3.1 above, shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the Revised Standard Contract - Professional Engineering Services 9 contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which shall be not less than three nor more than ten times the costs ENGINEER incurs in providing any such gratuities to any such officer or employee. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and FREESE AND NICHOLS, INC., by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk B Trick Ha ey, PE Title: Executive Vice President END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Revised Standard Contract - Professional Engineering Services 10 June 3, 2022 APPENDIX A GULLEY ROAD ELEVATED STORAGE TANK REHABILITATION SCOPE OF SERVICES — FREESE AND NICHOLS, INC. The ENGINEER shall perform the following Scope of Services in accordance with the terms and conditions of the Agreement. Design Components: The Gulley Road Elevated Storage Tank (EST) Rehabilitation Project consists of the rehabilitation and recoating of the existing 0.75-million-gallon (MG) hydropillar style EST, along with electrical and instrumentation improvements at the site. The ENGINEER will assist CITY OF FAYETTEVILLE by providing design, bid and construction phase services for the project. Project Location: Gulley Road Elevated Storage Tank 3265 N Gulley Rd. Fayetteville, Arkansas 72703 Design Components: The basis of the improvements are as indicated in the Gulley Road, Township Road, and Mt. Kessler South and North Tanks Water Tank Inspections Preliminary Report, prepared by Garver on October 25, 2016, and per discussions with staff during a site visit on April 15, 2022, and as indicated below. • Rehabilitation of the 0.75 MG EST, including: o Recoating interior and exterior (water storage tank bowl) and exterior (pedestal); no coating work is anticipated within the pedestal o Replacing existing vent screen o Installation of cable -style safety climb device on interior ladders o Replacement of roof hatches per OSHA standards; standard details will be provided to the contractor o Corrosion repairs will be handled through extra work items in the bid form, and will not be detailed out in the plans o Installation of an active mixing system (Medora Corporation - GridBee) o CITY OF FAYETTEVILLE will handle coordination for the removal and replacement of cellular antennas on the tank as required to facilitate rehabilitation • Electrical and Instrumentation o Replacement of instrumentation rack at the EST, including installation of control panel, pressure transmitter, GridBee control cabinet, etc. on the rack o The electrical SOW includes the design for a circuit breaker for the mixing system to be added to an existing panelboard, connection of the pressure transmitter and associated signals from the mixing system to the SCADA system. No other improvements are included in this proposal. Upgrading or improvements to the electrical service or panelboard are not included and these are considered additional services. Additionally, FNI is assuming that the existing RTU cabinet has sufficient spare analog and digital input and outputs for connecting the pressure transmitter and signals from the mixing system to the SCADA system. Upgrading or improvements to the Page 1 of 9 June 3, 2022 SCADA RTU cabinet for the addition of analog and digital input and outputs is considered additional services. • Exclusions from Preliminary Engineering Report Comments o No environmental evaluations are anticipated related to heavy metals or hazardous material disposal Contract Services (Phases): 60% Design Phase Services 100% Design and Bid Phase Services Construction Phase Services BASIC SERVICES: After written authorization and notice to proceed from CITY OF FAYETTEVILLE, the ENGINEER shall proceed with the Basic Services as described below: A. PROJECT MANAGEMENT, INITIATION, SCHEDULING, and QUALITY MANAGEMENT ENGINEER shall coordinate internally and with CITY OF FAYETTEVILLE for successful initiation, planning, execution, monitoring/controlling, and closeout. ENGINEER shall manage integration, scope, schedule, cost, quality, staff resources, communications, risk, and procurements, as necessary. This includes: 1. Consult with CITY OF FAYETTEVILLE to verify specific design requirements for the Project and collect and review available data. 2. Direction and coordination of ENGINEER's project team and staff for completion of required tasks and deliverables. Direction and coordination of sub -consultants, including monitoring, scheduling, reporting, invoicing, quality reviews, for completion of required tasks and deliverables. 4. Provide monthly progress reports and invoices to CITY OF FAYETTEVILLE. 5. Track all action items and decisions made by CITY OF FAYETTEVILLE and the ENGINEER and include with monthly invoice package. 6. Develop a baseline project design schedule and update schedule as necessary as changes occur and submit to CITY OF FAYETTEVILLE Engineer. 7. Perform internal quality management including control and assurance prior to submitting work products and design deliverables to CITY OF FAYETTEVILLE. Maintain these documents as part of the project records. 8. Deliverables: a. Monthly progress reports, invoices, and action items list b. Baseline schedule and schedule updates as necessary B. 60% DESIGN PHASE: After CITY OF FAYETTEVILLE has issued written authorization to proceed with the 60% DESIGN PHASE, the ENGINEER shall provide professional services in this phase as follows: 1. MEETINGS: Prepare meeting agenda, sign -in sheet and minutes for all meetings and workshops listed below: a. Monthly project status meetings with CITY OF FAYETTEVILLE, via phone call during the 60% design phase. Page 2 of 9 June 3, 2022 b. One (1) workshop to review CITY OF FAYETTEVILLE's comments on the 60% Design deliverables. Prepare for and conduct a 60% Design Phase review workshop to elicit feedback from the various CITY OF FAYETTEVILLE departments and make the necessary decisions to proceed with the design. 2. Conduct site visits as needed to review field conditions, validate survey information, and meet with landowners and/or local representatives as required to ensure feasibility and constructability of the project. 3. Prepare 60% design plans and specifications. 4. Prepare 60% Engineer's OPCC. Cost estimate shall be a Class 1 Estimate as described in AACE Recommended Practice No. 17R-97 and 56R-08. 5. DELIVERABLES: Provide copies of plans and other data to CITY OF FAYETTEVILLE as required. Furnish hard copies and electronic copies in searchable PDF format as shown for the following deliverables for the 60% DESIGN PHASE: a. Meeting Agenda and Minutes for all meetings— one (1) electronic copy b. 60% Design Plans — one (1) electronic copy and one (1) set of standard 22"x34" "full-size" bound plans. c. 60% Specifications — one (1) electronic copy d. 60% OPCC — one (1) electronic copy e. Comment Response Log — one (1) electronic copy C. 100% DESIGN PHASE: After CITY OF FAYETTEVILLE has accepted and approved the information provided in 60% DESIGN PHASE and has issued written authorization to proceed with the 100% DESIGN AND BID PHASE, the ENGINEER shall provide professional services in this phase as follows: 1. FINAL 100% DESIGN: Prepare final 100% signed and sealed Contract Documents (plans and specifications) for project advertisement. Latest front-end documents (if changed) will be provided by CITY OF FAYETTEVILLE. 2. Prepare 100% Engineer's OPCC. The final cost estimate shall be a Class 1 Estimate as described in AACE Recommended Practice No. 17R-97 and 56R-08. ENGINEER shall work with CITY OF FAYETTEVILLE and intemal cost estimator to verify and address comments related to estimate, as applicable. Coordinate with CITY OF FAYETTEVILLE Utilities Department and Contract Administration staff in preparation of project advertisement. ENGINEER shall obtain the latest version of the front- end documents prior to compiling the draft set of Contract Documents. ENGINEER shall thoroughly review the draft set of Contract Documents prior to submission to CITY OF FAYETTEVILLE. The project will be procured via traditional design -bid -build methods. 4. ENGINEER will submit the project to the Arkansas Department of Health for the plan review process, including the $500.00 cost associated with the review. 5. BID PHASE: a. Contract Document Production and Distribution method will be via the online portal on the CITY OF FAYETTEVILLE's website. ENGINEER will produce and upload 100% complete Contract Document sets to IonWave for bidding purposes. b. Assist the CITY OF FAYETTEVILLE in conducting a pre -bid conference for the construction projects and coordinate responses with CITY OF FAYETTEVILLE. Response to the pre -bid Page 3 of 9 June 3, 2022 conference will be in the form of addenda issued after the conference. Attend the tour of the project site after the pre -bid conference. c. Assist CITY OF FAYETTEVILLE by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. d. ENGINEER will assist CITY OF FAYETTEVILLE in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by CITY OF FAYETTEVILLE. Pre -qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. e. Assist CITY OF FAYETTEVILLE in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Client and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Client with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an Additional Service. f. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. 6. DELIVERABLES: Provide copies of plans and other data to CITY OF FAYETTEVILLE as required. Furnish hard copies and electronic copies in searchable PDF format as shown for the following deliverables for the FINAL DESIGN and BID PHASE: a. Meeting Agenda and Minutes for all meetings — one (1) electronic copy b. Final 100% Design Plans — one (1) electronic copy and one (1) set of standard 22"x34" "full- size" bound plans; hard -copy sets as required by Arkansas Department of Health c. Final 100% Specifications — one (1) electronic copy d. Final 100% OPCC — one (1) electronic copy e. Addenda to Contract Documents — one (1) electronic copy D. CONSTRUCTION PHASE: Upon completion of the bid or negotiation phase services, ENGINEER will proceed with the performance of CONSTRUCTION PHASE services as described below: In performing these services, it is understood that ENGINEER does not guarantee the CONTRACTOR's performance, nor is ENGINEER responsible for the supervision of the CONTRACTOR's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the CONTRACTOR, or any safety precautions and programs relating in any way to the condition of the premises, the work of the CONTRACTOR or any SUBCONTRACTOR. ENGINEER shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. The ENGINEER will provide general construction representation services and coordinate all work with CITY OF FAYETTEVILLE. Construction Phase Services that extend beyond seven (7) months (210 calendar days) will be an additional service. The ENGINEER shall provide professional services in this phase as follows: Page 4 of 9 June 3, 2022 MEETINGS AND SITE VISITS below: a. Meetings Prepare meeting agenda and minutes for all meetings listed 1) Assist CITY OF FAYETTEVILLE in conducting pre -construction conference with the Contractor, and review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract 2) Six (6) monthly progress meetings at the construction site. Prepare agendas with all applicable logs (Request for Proposal [RFP], Request for Information [RFI], Change Order [CO], etc.), progress schedule, discuss construction issues, coordination with Owner, updated construction schedule and meeting summaries for construction progress meetings. b. Site Visits In addition to the monthly progress meetings, the ENGINEER will conduct up to six (6) site visits to the construction site to evaluate the sequencing, coordination, field verification and coordination of construction layouts, coordination with governing authorities public or stakeholders, conflict resolution, change order negotiations, etc. as needed. ENGINEER will document site visits by documenting observations and submitting a brief report of each site visit to CITY OF FAYETTEVILLE. Site visit reports shall be uploaded to CPMS. ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. ENGINEER shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work. 2. CONFORMED CONSTRUCTION CONTRACT DOCUMENTS: Incorporate design and contract changes made via addenda into project contract documents and prepare for execution by the CITY OF FAYETTEVILLE and the CONTRACTOR. REVIEW CONTRACTOR PAYMENT REQUESTS: Review Contractor's monthly payment applications including construction estimates, project schedule, and redlines. Make recommendations for payment. The payment applications will include quantities, invoices, materials on hand, an updated project schedule, and redlines for the work completed to date. Review changes or alterations to the design, provide recommendations and support preparation of change orders associated with these changes. 4. REVIEW CONTRACTOR SUBMITTALS: Review all CONTRACTOR submittals in a timely manner for compliance with the design concepts to provide recommendations and approvals to CITY OF FAYETTEVILLE. Submittal reviews assume one (1) initial review, and one (1) re - submittal review for each submittal. Excessive Contractor re -submittals will be an Additional Service: a. Review shop drawings b. Review equipment and material record data c. Review operation and maintenance (O&M) manuals for the project construction d. Review Contractor Requests for Information (RFI) e. Review laboratory, shop, and mill test reports on materials and equipment Page 5 of 9 June 3, 2022 5. PREPARE CHANGE ORDER DOCUMENTS AND REQUEST FOR PROPOSALS (RFP's): Documents requested by CITY OF FAYETTEVILLE outside of the approved project design or for differing site conditions outside of the ENGINEER'S control will be an Additional Service: a. Prepare change orders and/or RFP's for alterations to the design. Respond to CITY OF FAYETTEVILLE on issues with change orders designated as errors and omissions. Prepare the Final Change Order (over and unders) recapitulation of the Project in conjunction with the final payment application request. b. Support development of requests for proposals (RFPs) and support change order negotiation process including preparation of independent cost estimates (ICES) using RS Means. 6. SUBSTANTIAL COMPLETION: Attend one full day site visit to perform substantial completion inspection. Activities will include: a. Perform substantial completion inspection for the EST. Substantial Completion Report and Punchlist to be prepared after inspection. b. Perform substantial completion inspection for the yard piping and site improvements. Substantial Completion Report and Punchlist to be prepared after inspection. 7. FINAL INSPECTION: Make a site visit to perform final inspection and develop a final punchlist for the CONTRACTOR. Final Inspection Report and Letter of General Conformance to be prepared after inspection. 8. Upon completion of construction, issue the Final Notification letter to approval agencies indicating that the work was completed in accordance to the plans and the specifications. 9. RECORD DRAWINGS: Prepare the Record Drawings based on the revised redline Construction Drawings and information furnished by the construction CONTRACTOR reflecting changes in the Project made during construction. Submit Record Drawings to CITY OF FAYETTEVILLE digitally in PDF format. 10. DELIVERABLES: Provide the following deliverables for the CONSTRUCTION PHASE. Furnish hard copies and electronic copies in searchable PDF format as shown for the following deliverables. a. Conformed Construction Plans —one (1) electronic copy and five (5) sets of standard 11"x17" "half-size" bound plans and five (5) sets of standard 22"04" "full-size" bound plans b. Conformed Specifications — one (1) electronic copy and ten (10) hard copies c. Substantial Completion Report and Punchlist — one (1) electronic copy. d. Final Inspection Report and Letter of General Conformance — one (1) electronic copy. e. Record Drawings — one (1) electronic copy in PDF format. SUPPLEMENTAL SERVICES: Additional Services to be performed by the ENGINEER, if authorized by CITY OF FAYETTEVILLE through the issuance of a work order, which are not included in the above described BASIC SERVICES, are described as follows: A. SPECIAL INSPECTIONS 1. CRITICAL PHASE COATING INSPECTION SERVICES: ENGINEER will provide Critical Phase Surface Preparation and Coating Inspection Services during the interior and exterior coating processes for the tank, which is anticipated to take up to six (6) months, with up to twenty (20) site visits included in the scope of work. Page 6 of 9 June 3, 2022 a. Services include: 1) Inspection of painting activities. 2) Photographic documentation of painting activities. 3) Equipment and material checks. 4) Inspection of surface preparation. 5) Inspection of each coat of paint applied. 6) Final inspection and documentation of surface preparation and painting. 7) Holiday detection of interior water bearing surfaces. 8) Digital inspection reports to be provided. (Hard copies available upon request) 9) Additional visits required to monitor the work shall be considered an additional service. b. ENGINEER will provide additional contract administration services in conjunction with the resident inspection services as follows: 1) Review Inspector construction reports. 2) Coordinate submittal review and communicate periodically as needed with Coating Inspector regarding construction progress. Page 7 of 9 June 3, 2022 PROJECT SCHEDULE: 0 Z 0 a a o \ N co a` z o a o u ^ N n O N x d - ' ♦ ♦ r E E V � N LL rl N M V V1 I� W 01 O O N V �l1 1p I� W O e-I N M V N a a y N N N N N N N N N N N N M M O M N N a s p N N N N \ - o ^ G c0 W N I� Ol .-I .-I .-I rl •-I ti N •-I .-I e-I rl N rl rl > > > > G > > > > '� O O _ E E — L - L L L L L L L L i LL i� 3 3 LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL� LL���� i���� LL�� E E N N N N N N N N ry N N� N N N ry N N N ry m m N N a c� c c A ed ed I� r n r W rl rl rl •-I •-I ei rl •-I e-I \ rl rl \ �-1 N N M M m N rl rl �-1 e 0) O O O O O O ._ O O O O O O ._ O O O O O LL LL LLLL 3 3 LL LL LL 2 LL LL LL LL LL LL LL > > I T T 01 01 A T > ? > m > > T > N > m T > "O > > > > > > > T T > 01 > > e 0 - p A m N , N R N N I , N N N 9 'O "O 9 0 'O 'O "O 0 n 'O O "O 00 C, 00 m 0 0 O '6 N�� L 0� 'a O O 9 '6 0 O� R 0 V 'a 'a O N �O O m '6 � 1 0 M O M M O O 00 �/1 R N N N O �"� VI b N N V1 O m N a 0 �"� u1 VI N N N M c-I N N N O L Z o E E w E E m w m G w w 00 tl0 0 - a c y ° 2 O C C N C vi v> L Q UI 4 p C 01 C � v a, �; m 3 �? `w o � c 3 > o� -vo •° � v 4 .y ^� o z E E w v L o g o V a �, u a O a U O 0) O N d `O Y Y C t00 a 0 0 W p OCO d V C _O t Y a N Z "O 6 A L'1 O O 2 m_ W O 01 ` C OO N ` Ol Y Y 01 N N >> «° w +�' a v'i v v v o" o c y Q 'v v z a e N m u r � Y v N o v�i y o v n w m o v r m m o v p« p a � June 3, 2022 COMPENSATION: Total compensation for the services shall not exceed $131,900.00, as further described below: Basic Services (Lump Sum) A. Project Management & Quality Control $ 19,150.00 B. 60% Design Phase $ 19,700.00 C. 100% Design and Bid Phase $ 20,750.00 D. Construction Phase (General Rep.) $ 36,000.00 Phase Total $ 95,600.00 Special Services (Cost -Plus) A. Critical Coating Inspection Services $ 36,300.00 Phase Total $ 36,300.00 If ENGINEER's services are delayed or suspended by CITY OF FAYETTEVILLE, or if ENGINEER's services are extended for more than 60 days through no fault of ENGINEER, ENGINEER shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by ENGINEER in connection with such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. Page 9 of 9 ..................... . W I R 22 .w.. . .... e . ... ......... . ... ...... ...... ......... ... . ........ ......... y, �. yy a� v'S9 Uw SiiU '� 2° `89U SLU m m m m m m :m m m m m m m m m,. m m m m m m,,,m m 9. m 0 9 m m ... m,m m. a..._ ',.. MID -SOUTH TANK CONSULTANTS Mr. Matt Cartwright Freese and Nichols 801 Cherry St. Fort Worth, Texas 76102 Dear Mr. Cartwright, Critical Phase Inspection of a 750,000 - Gallon Fluted Column Tank: Gulley EST Fayetteville, AR This proposal is in response to your request for critical phase inspection during field painting activities of the subject tank. Our inspection service and costs are as follows: INSPECTION OF PAINTING ACTIVITIES IN PROGRESS (20 Inspection Days) ........... $33,000.00 1. Inspection of painting activities. 2. Photographic documentation of painting activities. 3. Equipment and material checks. 4. Inspection of surface preparation. 5. Inspection of each coat of paint applied. 6. Final inspection and documentation of surface preparation and painting. 7. Holiday detection of interior water bearing surfaces. 8. Digital inspection reports to be provided. (Hard copies available upon request) If additional inspections are required, they will be $1,650.00/day and shall be authorized by you as an amendment to this agreement. Submitted by: Derek Oakley Accepted by: Signature: "` Signature: Date: May 26, 2022 Date: Inspection, specification and contract management for new and existing tanks. AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And GARVER, LLC THIS AGREEMENT is made as of , 2022, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and GARVER, LLC (hereinafter called ENGINEER). CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection with the evaluation, design, and/or construction supervision of capital improvement projects. Therefore, CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as CITY OF FAYETTEVILLE's professional engineering consultant in those assignments to which this Agreement applies, and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed under the direction of a professional engineer registered in the State of Arkansas and qualified in the particular field. SECTION 1 - AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF FAYETTEVILLE and agreement of ENGINEER 1.2 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER. 1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed without a formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF ENGINEER 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.1.1 The Scope of Services to be furnished by ENGINEER during the Project is included in Appendix A attached hereto and made part of this Agreement. 2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE. ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for the engineering services. SECTION 3 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE 3.1 CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of ENGINEER: Garver Contract — Professional Engineering Services 1 3/2/2022 3.1.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project. 3.1.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to perform his services under this Agreement. 3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 3.1.5 Provide such professional legal, accounting, financial, and insurance counseling services as may be required for the Project. 3.1.6 The City Engineer is the CITY OF FAYETTEVILLE's project representative with respect to the services to be performed under this Agreement. The City Engineer shall have complete authority to transmit instructions, receive information, interpret and define CITY OF FAYETTEVILLE's policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 3.1.7 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide written comments to ENGINEER in a timely manner. SECTION 4 - PERIOD OF SERVICE 4.1 This Agreement will become effective upon the first written notice by CITY OF FAYETTEVILLE authorizing services hereunder. 4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. ENGINEER will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project is included as Appendix A. SECTION 5 - PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement shall be based upon on an Hourly basis as described in Appendix B. 5.2 Statements 5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for professional services consistent with ENGINEER'S normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Applications for payment shall be made in accordance with a format to be developed by ENGINEER and as approved by CITY OF FAYETTEVILLE. Applications for payment Garver Contract — Professional Engineering Services 2 3/2/2022 shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE's approval and acceptance with the satisfactory completion of the study and report for the Project. 5.3 Payments 5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of ENGINEER's statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE shall advise ENGINEER in writing of the basis for any disputed portion of any statement. CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of date the invoice is approved, however, payment within 30 days is not guaranteed. 5.4 Final Payment 5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by ENGINEER to be set forth therein. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE's claims against ENGINEER or his sureties under this Agreement or applicable performance and payment bonds, if any. SECTION 6 - GENERAL CONSIDERATIONS 6.1 Insurance 6.1.1 During the course of performance of these services, ENGINEER will maintain (in United States Dollars) the following insurance coverages: Type of Coverage Workers' Compensation Employers' Liability Commercial General Liability Bodily Injury and Property Damage Automobile Liability: Bodily Injury and Property Damage Professional Liability Insurance Limits of Liability Statutory $500,000 Each Accident $1,000,000 Combined Single Limit $1,000,000 Combined Single Limit $1,000,000 Each Claim ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the specified insurance within ten days of the date of this Agreement and upon each renewal of coverage. Garver Contract — Professional Engineering Services 3 3/2/2022 6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their officers, directors, agents, or employees for damage covered by property insurance during and after the completion of ENGINEER's services. 6.2 Professional Responsibility 6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly report to ENGINEER any defects or suspected defects in ENGINEER's services of which CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of ENGINEER. 6.3 Cost Opinions and Projections 6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on ENGINEER's experience, qualifications, and judgment as a design professional. Since ENGINEER has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction Contractors' procedures and methods, unavoidable delays, construction Contractors' methods of determining prices, economic conditions, competitive bidding or market conditions, and other factors affecting such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs, performance, schedules, and related items will not vary from cost opinions and projections prepared by ENGINEER. 6.4 Changes 6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of ENGINEER's services, with an appropriate change in compensation and schedule only after Fayetteville City Council approval of such proposed changes and, upon execution of a mutually acceptable amendment or change order signed by the Mayor of the CITY OF FAYETTEVILLE and the duly authorized officer of ENGINEER. 6.5 Termination 6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: 6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, 6.5.1.2 An opportunity for consultation with the terminating party prior to termination. 6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that ENGINEER is given: Garver Contract — Professional Engineering Services 4 3/2/2022 6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and 6.5.2.2 An opportunity for consultation with the terminating party prior to termination. 6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but 6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work, 6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of ENGINEER's default. 6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by ENGINEER relating to commitments which had become firm prior to the termination. 6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER shall: 6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise), 6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by ENGINEER in performing this Agreement, whether completed or in process. 6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. 6.6 Delays 6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond ENGINEER's reasonable control, ENGINEER shall be entitled to additional compensation and time for reasonable costs incurred by ENGINEER in temporarily closing down or delaying the Project. 6.7 Rights and Benefits 6.7.1 ENGINEER's services will be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 6.8 Dispute Resolution 6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way Garver Contract — Professional Engineering Services 5 3/2/2022 are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or ENGINEER in the performance of this Agreement, and disputes concerning payment. 6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied with. 6.8.3 Notice of Dispute 6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice; 6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give ENGINEER written Notice at the address listed in Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. 6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of ENGINEER and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. 6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining funds to remit payment to ENGINEER for services rendered by ENGINEER. 6.10 Publications 6.10.1 Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations, ENGINEER may prepare publications, such as technical papers, articles for periodicals, and press releases, pertaining to ENGINEER's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to ENGINEER. CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account. 6.11 Indemnification 6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from Garver Contract — Professional Engineering Services 6 3/2/2022 and against any and all loss where loss is caused or incurred or alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors, or their employees, agents, Subcontractors, and Suppliers. 6.12 Ownership of Documents 6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD drawings and cross sections, estimates, specification field notes, and data are and remain the property of CITY OF FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of other documents. 6.12.2 Engineering documents, drawings, and specifications prepared by ENGINEER as part of the Services shall become the property of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services rendered, provided, however, that ENGINEER shall have the unrestricted right to their use. ENGINEER shall, however, retain its rights in its standard drawings details, specifications, databases, computer software, and other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of ENGINEER. 6.12.3 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. ENGINEER makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings/hard copies and the electronic files, the sealed drawings/hard copies will govern. 6.13 Notices 6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate party at the following addresses: CITY OF FAYETTEVILLE's address: 125 West Mountain Street Fayetteville, Arkansas 72701 ENGINEER's address: 2049 E. Joyce Blvd, Suite 400 Fayetteville, Arkansas 72703 6.14 Successor and Assigns 6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written consent of the other. Garver Contract — Professional Engineering Services 7 3/2/2022 6.15 Controlling Law 6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of Arkansas without regard to any conflicts of law provisions. 6.16 Entire Agreement 6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in the event CITY OF FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE's internal management of its operations. SECTION 7 - SPECIAL CONDITIONS 7.1 Additional Responsibilities of ENGINEER 7.1.1 CITY OF FAYETTEVILLE's review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder shall not in any way relieve ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by ENGINEER's negligent performance of any of the services furnished under this Agreement except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. 7.1.3 ENGINEER's obligations under this clause are in addition to ENGINEER's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials, equipment, or work. 7.2 Remedies 7.2.1 Except as may be otherwise provided in this Agreement, all claims, counter -claims, disputes and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within Arkansas. 7.3 Audit: Access to Records 7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent to performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. ENGINEER shall also maintain the financial information and data used by ENGINEER in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF Garver Contract — Professional Engineering Services 8 3/2/2022 FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. ENGINEER will provide proper facilities for such access and inspection. Notwithstanding anything to the contrary herein, ENGINEER's proprietary, financial information is not subject to audit. 7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. 7.3.3 This right of access clause (with respect to financial records) applies to: 7.3.3.1 Negotiated prime agreements: 7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement: 7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier subagreement or purchase order awarded after effective price competition, except: 7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding any financial records of ENGINEER; 7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; 7.3.3.3.3 If the subagreement is terminated for default or for convenience. 7.4 Covenant Against Contingent Fees 7.4.1 ENGINEER asserts that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ENGINEER for the purpose of securing business. For breach or violation of this assertion, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7.5 Gratuities 7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of ENGINEER's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to ENGINEER terminate Garver Contract — Professional Engineering Services 9 3/2/2022 this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. 7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue damages in an amount up to the limits set forth in Section 7.8 below. 7.6 Arkansas Freedom of Information Act 7.6.1 City contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, ENGINEER 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. 7.7 Mutual Waiver 7.7.1 Notwithstanding anything in this Agreement to the contrary, neither party (including its subconsultants, agents, assignees, affiliates and vendors) shall be liable to the other for any special, consequential, indirect, punitive, exemplary or incidental damages of any kind regardless of the cause or action (including negligence of any kind or character including gross negligence). IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk EN LE Leader, Jerry T. Martin By: � Senior Project Manager, Chris Buntin END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Garver Contract — Professional Engineering Services 10 3/2/2022 #VF-R Appendix A — Scope of Services 1. GENERAL Generally, the scope of services includes surveying, design, bidding services, and construction support services for improvements to the existing 24" cast iron and ductile iron water line starting at Martin Luther King Boulevard, heading south along the east side of Interstate 49 to West Dowell Drive, and heading east to South School Avenue. The improvements will consist primarily of sliplining the existing 24" water line with an 18" water line, removing and replacing the water line at locations that cannot be sliplined, provisions and future conceptual plan to relocate the water line for the 151" Street Overpass at Interstate 49 (ARDOT Job 040846). The work will exclude the existing 24" that was previously sliplined with an 18" between Interstate 49 and West Custer Lane. The anticipated improvements are approximately two miles. 2. PROJECT MANAGEMENT AND ADMINISTRATION The ENGINEER will develop a project management plan and quality control plan, including project scope, team, deliverable, communication protocol, schedule, and technical reviews. Prior to work, the ENGINEER will conduct a kickoff meeting with the CITY OF FAYETTEVILLE. The ENGINEER will also provide monthly invoicing and project status updates to the CITY OF FAYETTEVILLE. 3. SURVEYS 3.1. Design Surveys The ENGINEER will provide field survey data for designing the project, and this survey will be tied to the Owner's control network. The ENGINEER will conduct field surveys, utilizing radial topography methods, at intervals and for distances at and/or along the project site as appropriate for modeling the existing ground, including locations of pertinent features or improvements. The ENGINEER will locate buildings and other structures, streets, drainage features, trees over eight inches in diameter, visible utilities as well as those underground utilities marked by their owners and/or representatives, and any other pertinent topographic features that may be present at and/or along the project site. The ENGINEER will perform a drone aerial along the project site, and the ENGINEER will establish up to 12 control points for use during construction. 3.2. Property Surveys The ENGINEER will show existing property, right of way, and easement information based upon GIS data provided by the CITY OF FAYETTEVILLE. The information will be labeled as approximate on the drawings, and the Scope of Services assumes the CITY OF FAYETTEVILLE has the right to rehabilitate and replace the existing water line. The ENGINEER will not subcontract abstractor record research, and the ENGINEER will not perform property surveys. 4. ENVIRONMENTAL SERVICES The ENGINEER will accomplish the following. Exhibit A - Scope of Services 1 of 6 21 W01161 24" Water Line Rehabilitation #VF-R 4.1. Wetlands The ENGINEER will perform a wetlands delineation along the project limits, submit a wetland report to the US Army Corps of Engineers (USACE), and request authorization to proceed under a nationwide 404 permit. Preparation of an individual 404 permit is Extra Work. 4.2. Habitat The ENGINEER will prepare a preliminary habitat assessment and prepare and submit an initial clearance letter to U.S. Fish and Wildlife Services (USFWS). The Scope of Services assumes no threatened and endangered species studies and no further work than the initial clearance letter. 4.3. Stormwater The ENGINEER will prepare a stormwater pollution prevention plan (SWPPP). The scope of services assumes the surface disturbance will not exceeds five acres, and approval of the SWPPP will not be required by the Arkansas Department of Environmental Quality (ADEQ). The ENGINEER will prepare erosion control plans and details. The ENGINEER will prepare and obtain short term activity authorization(s) (STAA) from ADEQ for up to four stream crossings. The ENGINEER will also pay the ADEQ fees, $150 per each stream crossing for municipalities. The ENGINEER will prepare and coordinate approval of the floodplain development permits with the CITY OF FAYETTEVILLE. The Scope of Services assumes three locations and no review fees. 4.4. Cultural Resources The ENGINEER will coordinate initial clearance with the Arkansas State Historic Preservation Office (SHPO). The Sope of Services assumes no cultural resource surveys (archeological work) and no further work than the initial clearance letter 5. CONCEPTUAL DESIGN The ENGINEER will accomplish the following. A. Prepare conceptual water line plans. The drawings will include a cover sheet, general sheet (legend, notes and survey control), plan and profile key map, and water plan and profiles (1"=20' full size scale). The drawings will include preliminary roadway plans for ARDOT Job 040846. The drawings will exclude traffic control, erosion control, and construction details. The conceptual design will represent approximately 30 percent of final construction contract plans and exclude any specifications and details. B. The ENGINEER will prepare an opinion of probable construction cost. The costs will include a contingency range from -30% to +50% for construction completion, and the cost will include an estimated cost for easements. C. The ENGINEER will submit the draft conceptual drawings and cost to the CITY OF FAYETTEVILLE for review and comment. The ENGINEER will conduct a workshop with the CITY OF FAYETTEVILLE to review and discuss the conceptual design, and the ENGINEER will incorporate CITY OF FAYETTEVILLE review comments into the final design. D. The ENGINEER will furnish plans (electronic pdf) to known utility owners and confirm utility locations on the plans. Exhibit A - Scope of Services 2 of 6 21 W01161 24" Water Line Rehabilitation #VFER E. The Engineer will provide one hard copy of the conceptual design (including half and full- size drawings) and electronic pdfs. 6. FINAL DESIGN Upon CITY OF FAYETTEVILLE approval of the Conceptual Design, the ENGINEER will proceed with Final Design and accomplish the following. A. The ENGINEER will conduct final designs to prepare construction plans and specifications, for one construction contract, including final construction details and quantities, special provisions, and opinion of probable construction cost with a contingency range from -10 percent to +15 percent for construction completion, and the cost will include an estimated cost for easements. The ENGINEER will use EJCDC standard front-end documents. The final plans will include details and erosion control plans and details. For work within the Highway 16 (South Razorback Road) right of way, the final plans will include a traffic control plan with details. B. Conduct a meeting with the CITY OF FAYETTEVILLE to review and discuss the Final Design. ENGINEER will also coordinate and confirm existing utility locations and construction requirements with known utilities electronically. Upon incorporating CITY OF FAYETTEVILLE review comments, the ENGINEER will submit and coordinate approval with the Arkansas Department of Health (ADH). ENGINEER will pay the ADH review fee in the amount of $200. The ENGINEER will prepare and coordinate approval of the ARDOT Utility Permit. The ENGINEER will also prepare and coordinate approval of the Arkansas and Missouri Railroad. The CITY OF FAYETTEVILLE will pay for any bonds or fees required by ARDOT and the Arkansas and Missouri Railroad. C. The Engineer will provide one hard copy of the final design (including half and full-size drawings) and electronic pdfs. 7. PROPERTY ACQUISTION SERVICES — Not Used 8. BIDDING SERVICES During the bidding phase of the project, ENGINEER will: A. Prepare and submit advertisement for bids to the CITY OF FAYETTEVILLE for publication by the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will pay advertising costs outside of this contract. B. Provide construction contract documents to the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will provide construction contract documents to prospective bidders. C. Support the contract documents by preparing addenda as appropriate. The CITY OF FAYETTEVILLE will issue addenda to prospective bidders. D. Participate in a pre -bid meeting. E. Attend the bid opening. F. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid tabulation. G. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and contractor. The construction contracts will include addenda, and the ENGINEER will not conform the construction documents to reflect addenda. 9. CONSTRUCTION PHASE SERVICES — Not Used (Future Contract Amendment) 10. EXTRA WORK The following items are not included under this agreement but will be considered as extra work: Exhibit A - Scope of Services 3 of 6 21 W01161 24" Water Line Rehabilitation #VFER A. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. B. Submittals or deliverables in addition to those listed herein. C. Design of any utilities other than water. D. Construction materials testing. E. Geotechnical services. F. Any environmental beyond items under Environmental Services, including but not limited to wetland mitigation, cultural resource surveys, threatened and endangered species surveys, tribal coordination, Clean Water Act Section 401 Water Quality Certifications, work with USFWS beyond initial coordination approval, ADEQ permitting beyond SWPPP and STAA, and all other items that may be requested. G. Abstractor record research, property surveys, and property acquisition services. H. Services after construction, such as warranty follow-up. I. Legal and litigation services. J. Permits and approvals in addition to those listed herein. Extra Work will be as directed by the Owner in writing for an addition fee as agreed upon by the Owner and Garver. 11. SCHEDULE Garver shall begin work under this Scope of Services within ten (10) days of a Notice to Proceed and shall complete the work in accordance with the schedule below. Phase Description Calendar Days Surveys Conceptual Design Final Design Property Acquisition Documents 12. PAYMENT 60 days from start date 60 days from surveys 90 days from approval of Conceptual Design 60 days from approval of Final Design The table below presents a summary of the fee amounts and fee types for this Scope of Services. Exhibit A - Scope of Services 4 of 6 21 W01161 24" Water Line Rehabilitation GARVER WORK DESCRIPTION FEE AMOUNT FEE TYPE PROJECT MANAGEMENT AND ADMINISTRATION $7,700 HOURLY RATE + EXPENSES SURVEYS $46,500 ENVIRONMENTAL $19,800 CONCEPTUAL DESIGN $54,800 FINAL DESIGN $113,700 BIDDING SERVICES $12,500 CONSTRUCTION PHASE SERVICES CONTRACT AMENDMENT REQUIRED TOTAL FEE $255,000 The CITY OF FAYETTEVILLE will pay the ENGINEER for Service rendered at the agreed upon rates for each classification of Garver's personnel (may include contract staff classified at Garver's discretion) plus reimbursable expenses including but not limited to printing, courier service, reproduction, and travel. The total amount paid to Garver under this Scope of Services is estimated to be $255,000. The actual total fee may not exceed this estimate. For informational purposes, a breakdown of Garver's estimated cost is included in this Exhibit B with approximate current hourly rates for each employee classification. The agreed upon rates will be increased annually with the first increase effective on or about July 1, 2023. Underruns in any phase may be used to offset overruns in another phase as long as the overall Agreement amount is not exceeded. Expenses other than salary costs that are directly attributable to performance of our Services will be billed as follows: Direct cost for travel, long distance and wireless communications, outside reproduction and presentation material preparation, and mail/courier expenses. Direct cost-plus for subcontract/subconsultant fees and permit fees. Charges similar to commercial rates for reports, plan sheets, presentation materials, etc. The CITY OF FAYETTEVILLE will pay ENGINEER on a monthly basis, based upon statements submitted by ENGINEER to the CITY OF FAYETTEVILLE for the scope of services described in this Exhibit A - Scope of Services 5 of 6 21 W01161 24" Water Line Rehabilitation #VF-R agreement. Payments not received within 60 days of invoice date will be subject to a one percent monthly simple interest charge. Additional Services (Extra Work). For work not described or included herein and for work beyond the total fee amount, a contract amendment will be required. Exhibit A - Scope of Services 6 of 6 21 W01161 24" Water Line Rehabilitation Exhibit B City of Fayetteville, Arkansas 24" Water Line Rehabilitation Garver Hourly Rate Schedule: July 2023 - June 2024 Classification Rates Engineers / Architects E-1............................................................................... $ 119.00 E-2............................................................................... $ 138.00 E-3............................................................................... $ 167.00 E-4............................................................................... $ 195.00 E-5............................................................................... $ 238.00 E-6............................................................................... $ 292.00 E-7............................................................................... $ 344.00 Planners / Environmental Specialist P-1............................................................................... $ 143.00 P-2............................................................................... $ 179.00 P-3............................................................................... $ 218.00 P-4............................................................................... $ 249.00 P-5............................................................................... $ 284.00 ................................................................................... $ - ................................................................................... $ - Designers $ - D-1............................................................................... $ 111.00 D-2............................................................................... $ 129.00 D-3............................................................................... $ 154.00 D-4............................................................................... $ 179.00 Technicians T-1............................................................................... $ 87.00 T-2............................................................................... $ 110.00 T-3............................................................................... $ 134.00 Surveyors S-1............................................................................... $ 54.00 S-2............................................................................... $ 71.00 S-3............................................................................... $ 95.00 S-4............................................................................... $ 136.00 S-5............................................................................... $ 179.00 S-6............................................................................... $ 204.00 1 of 2 Exhibit B City of Fayetteville, Arkansas 24" Water Line Rehabilitation Garver Hourly Rate Schedule: July 2023 - June 2024 Classification Rates 2-Man Crew (Survey)....................................................... $ 217.00 3-Man Crew (Survey)....................................................... $ 270.00 2-Man Crew (GPS Survey) ................................................ $ 238.00 3-Man Crew (GPS Survey) ................................................ $ 291.00 Construction Observation C-1............................................................................... $ 104.00 C-2............................................................................... $ 135.00 C-3............................................................................... $ 165.00 C-4............................................................................... $ 202.00 C-5............................................................................... $ 242.00 Management/Administration ................................................................................... $ - X-1............................................................................... $ 68.00 X-2............................................................................... $ 93.00 X-3............................................................................... $ 128.00 X-4............................................................................... $ 164.00 X-5............................................................................... $ 201.00 X-6............................................................................... $ 248.00 X-7............................................................................... $ 299.00 ................................................................................... $ - ................................................................................... $ - Agreement for Professional Services 24" Water Line Rehabilitation Garver Project No. 21W01161 2 of 2 APPENDIX B City of Fayetteville, Arkansas 24" Water Line Rehabilitation All Tasks SHZ JRM JTM CRB DCH VLS RCM JCM PED JAJ JRP DDW WORK TASK DESCRIPTION E-7 E-6 E-4 E-4 E-2 D-1 P-2 P-1 S-5 S-4 2-Man Crew (Survey) 2-Man Crew (GPS Survey) X-1 S-3 GARVER GARVER SUBS GARVER SUB -CO TOTAL TOTAL $344.00 $292.00 $195.00 $195.00 $138.00 $111.00 $179.00 $143.00 $179.00 $136.00 $217.00 $238.00 $68.00 $95.00 LABOR ODC TOTAL hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. 0% Basic Services Section 1. TASK (1 - General) Subtotal - TASK (1 - General) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 2. TASK (2 - Project Management and Admin.) Project Management Plan 4 4 $1,332 $1,332 $0 $1,332 Kickoff Meeting with City 2 4 $1,364 $18 $1,382 $0 $1,382 Monthly Invoices and Project Status Updates 1 12 1 1 $2,340 $2,340 $0 $2,340 Internal Kickoff Meeting 1 4 1 1 1 $1,568 $1,568 $0 $1,568 Quality Control Review 2 2 $1,078 $1,078 $0 $1,078 Subtotal - TASK (2 - Project Management and Admin.) 2 3 2 24 5 0 1 0 1 0 0 0 0 0 $7,682 $18 $0 $7,700 $0 $7,700 3. TASK (3 - Surveys) 3.1 Design Surveys 8 16 80 $22,648 $300 $22,948 1 $0 $22,948 Utility Locates and Coordination 20 $1,900 $2,000 $3,900 $0 $3,900 Drone Coordination and Aerial 16 4 $4,188 $100 $4,288 $0 $4,288 12 Survey Control Points 8 $1,736 $76 $1,812 $0 $1,812 Data Processing 8 40 8 $7,632 $7,632 $0 $7,632 3.2 Property Surveys $0 $0 $0 $0 GIS Data 1 8 1 4 1 $1,432 $1,432 $0 $1,432 Quality Control Review 12 12 $4,488 $4,488 $0 $4,488 Subtotal - TASK (3 - Surveys) 0 0 0 12 0 1 8 0 0 28 60 8 96 0 32 $44,024 $2,476 $0 $46,500 $0 $46,500 4. TASK (4 - Environmental Services) 4.1 Wetlands Delineation and Report 4 32 $5,292 $50 $5,342 $0 $5,342 USCE Request and Coordination 1 2 $465 $25 $490 $0 $490 4.2 Habitat Assessment 1 2 8 1 1 $1,502 $50 $1,552 $0 $1,552 USFWS Request and Coordination 1 2 $465 $25 $490 $0 $490 4.3 Stormwater(SWPPP) 2 8 $1,502 $1,502 $0 $1,502 Erosion Control Plans and Details 40 2 8 $5,942 $5,942 $0 $5,942 STAA's (up to 4 crossings)($150 fee each) 1 1 6 $1,037 $1,037 $0 $1,037 ADEQ Requests and Coordination 1 2 $465 $34 $499 $0 $499 Floodplain Development permits (up to 3 locations) 1 2 4 4 1 $1,386 $1,386 $0 $1,386 Quality Control Review 8 $1,560 $1,560 $0 $1,560 Subtotal - TASK (4 - Environmental Services) 0 0 0 10 4 44 14 68 0 0 0 0 0 0 $19,616 1 $184 $0 $19,800 $0 1 $19,800 5. TASK (5 - Conceptual Design) A. Conceptual Plans 1 $0 $0 $0 $0 Cover Sheet 1 4 $639 $639 $0 $639 General Sheet 1 1 4 1 $639 $639 $0 $639 Key Map 1 8 $1,083 1 $1,083 1 $0 $1,083 Plan and Profiles (about 20) 16 40 120 $21,960 $21,960 $0 $21,960 ARDOT Coordination and Future Improvements 4 8 16 $3,660 $3,660 $0 1 $3,660 Field Investigation 1 1 8 1 1 1 1 1 1 $1,560 $65 $1,625 $0 1 $1,625 24" Water Line Rehabilitation 1 of 2 21 WO1161 APPENDIX B City of Fayetteville, Arkansas 24" Water Line Rehabilitation All Tasks SHZ JRM JTM CRB DCH VLS RCM JCM FED JAJ JRP DDW WORK TASK DESCRIPTION E-7 E-6 E-4 E-4 E-2 D-1 P-2 P-1 S-5 S-4 2-Man Crew (Survey) 2-Man Crew (GPS Survey) X-1 S-3 GARVER GARVER SUBS GARVER SUB -CO TOTAL TOTAL $344.00 $292.00 $195.00 $195.00 $138.00 $111.00 $179.00 $143.00 $179.00 $136.00 $217.00 $238.00 $68.00 $95.00 LABOR ODC TOTAL hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. hr. 0% B. Cost Estimate 4 12 $2,436 $2,436 $0 $2,436 C. City Coordination and Workshop 4 8 $2,728 $574 $3,302 $0 $3,302 Review Comment Responses 4 8 12 1 24 1 1 $7,048 $7,048 1 $0 $7,048 D. Utility Coordination 8 24 $4,224 $4,224 $0 $4,224 Quality Control Review 12 12 12 $8,184 $8,184 $0 $8,184 Subtotal - TASK (5 - Conceptual Design) 0 20 12 71 72 200 0 0 0 0 0 0 0 0 $54,161 $639 $0 $54,800 $0 $54,800 6. TASK (6 - Final Design) A. Final Plans $0 $0 $0 $0 Cover Sheet 1 1 4 1 $639 $639 1 $0 $639 General Sheet (Notes, Legend, and Survey Control) 1 2 4 8 $1,830 $1,830 $0 $1,830 Key Map (Phasing) 2 8 8 $2,382 $2,382 $0 $2,382 Plan and Profiles (about 20) 24 80 160 $33,480 $33,480 $0 $33,480 Traffic Control and Details (HWY Crossing) 2 4 8 1 $1,830 1 $1,830 $0 $1,830 Construction Details 4 12 24 $5,100 $5,100 $0 $5,100 Easement Considerations 4 8 16 $3,660 $3,660 $0 $3,660 Cost Estimate 4 12 $2,436 $2,436 $0 $2,436 Specifications 8 16 40 $13,288 $13,288 $0 $13,288 B. City Coordination and Workshop 4 8 1 $2,728 $2,728 $0 $2,728 Final Review Comments 4 16 24 80 $16,480 $16,480 $0 $16,480 Utility Coordination 8 16 $3,336 $3,336 $0 $3,336 ARDOT Coordination and Permit 4 8 $1,668 $100 $1,768 $0 $1,768 A&M Railroad Coordination and Permit 8 8 $2,448 $100 $2,548 $0 $2,548 ADH Coordination and Permit ($200 fee) (Includes Hydrostatic Testing Permit) 4 4 2 $1,618 $353 $1,971 $0 $1,971 Unforeseen 4 16 24 40 $12,040 $12,040 $0 $12,040 Quality Control Review 12 12 12 $8,184 $8,184 $0 $8,184 Subtotal - TASK (6 - Final Design) 0 24 12 127 196 380 0 2 0 0 0 40 0 0 $113,147 $553 $0 $113,700 $0 $113,700 7. TASK (7 - Property Acquisition Services - Not Used) 9. TASK (8 - Bidding Services) City Coordination and Advertisement 4 4 $1,052 $1,052 $0 $1,052 Bid Documents 2 4 1 8 8 $2,374 $2,374 $0 $2,374 Addenda 4 4 8 16 8 $5,372 $5,372 $0 $5,372 Pre -Bid Meeting 8 $1,560 $30 $1,590 $0 $1,590 Bid Opening 1 1 $195 $33 1 $228 $0 $228 Bid Evaluation and Recommendation to Award 4 8 $1,884 $1,884 $0 $1,884 Quality Control Review 1 $0 $0 $0 $0 Subtotal - TASK (8 - Bidding Services) 0 4 0 23 1 20 1 24 0 0 0 0 1 0 0 20 0 $12,437 $63 $0 $12,500 $0 $12,500 10. TASK (9- Construction Phase Services) Subtotal - TASK (9- Construction Phase Services) 1 0 0 0 1 0 1 0 1 0 0 0 0 0 1 0 0 0 0 $0 $0 $0 $0 I $0 $0 Subtotal - Basic Services Section Hours Check Project Totals Project Totals (Cost) 2 51 26 267 297 656 15 70 29 60 8 136 20 32 $251,067 $3,933 $0 $255,000 $0 $255,000 2 51 26 267 297 656 15 70 29 60 8 136 20 32 251067 3933 0 255000 0 255000 2 51 26 267 297 656 15 70 29 60 8 136 20 32 $251,067 $3,933 $0 $255,000 $0 $255,000 $688.00 $14,892.00 $5,070.00 $52,065.00 $40,986.00 $72,816.00 $2,685.00 $10,010.00 $5,191.00 $8,160.00 $1,736.00 $32,368.00 $1,360.00 $3,040.00 24" Water Line Rehabilitation 2 of 2 21 W01161 24-Inch Waterline Replacement Project Vicinity Map Not To Scale r ra7er�rW Walkw Park . i 13th st radium st e UA Road Hog P JF � Apa F st {-9 r A rr Lili h 5t = 1-12• -Ln f 24-Inch Waterline to be replaced II L� ti ' �' •r i Wa.5pICori ' d pia V mpt I .qe earth r2titir� lira. 1Sth St l,nt lk 5t 4 C V uses ern -,nab F.1 1V t 91. The Paul R. Noland Wastewate* Treat- ment Facility Is designed to handle .y y' ' Fa"eVItl!'S current tree t ment rr- quirements & anticipated population growth- The facility is drslgned to prates an average daily flow of 12.6 million gaiions per day tMGD7, a maa- Imum daily flow of 29 MGD, G. a rrle>t- imum monthly now of 17 MGD. The West Side Wastewater Treatment Farlilty, brought online In 20GB, Is the newesr wastewater Facility for the City of Fayettevllie It was bull[ to handle presenr & anticipated growth In Fayetteville & surrounding commm- ties . lltiliring state-of-the-art equlp- ment and technology, tills fatlllty is rlesigried to process an average daily flow of 11 mlluon gallons per day [MGD), a wAnsum daily now of 32 J1GD, Sr a madmum monthly flow of t t ,a: ask 1�vi �rrt.7Me aroMylral Wks 16[•l 0 Jacobs Fayetteville Client Monthly Report for April 2022 jacobs Contents ExecutiveSummary..................................................................................................................................................2 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.................................................................................................................................................... 4 1.6 Revenue.........................................................................................................................................................................5 Table 1-1: Revenue generated from the BMS............................................................................................................... 5 Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR.......................................................5 2. Maintenance................................................................................................................................................6 2.1 West Side....................................................................................................................................................................... 6 2.2 Noland............................................................................................................................................................................7 2.3 Lift Stations..................................................................................................................................................................7 2.4 BMS Maintenance...................................................................................................................................................... 7 2.5 Key Performance Indicators/Measures.............................................................................................................7 Figure 2-1: Labor Hours by Work Order Type................................................................................................................ 7 Figure2-2: Work Order Count by Type.............................................................................................................................8 2.6 Capital Improvement Projects(CIP)...................................................................................................................8 3. Laboratory/Industrial Pretreatment......................................................................................................9 Table 3-1: Revenue generated from the Industrial Pretreatment Program(IPP)........................................ 11 Figure 3-1: IPP revenue total from surcharges, fees, and fines........................................................................... 11 Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month .......................................... 11 4. Woolsey Wet Prairie................................................................................................................................12 5. Community Outreach.............................................................................................................................13 6. Sustainability............................................................................................................................................19 7. Health & Safety/Training.......................................................................................................................20 Appendix A. Additional Information.................................................................................................................21 A.1 Effluent & Influent Data....................................................................................................................................... 21 A.2 White River Effluent Characteristics................................................................................................................ 21 Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 Executive Summary iacobs The project budget has continued to trend in the same direction for labor and non -labor. The labor costs are trending downward for savings and the non -labor costs are trending upward for over budget figures. The two phenomena are related. We have held positions open at the Biosolids Management Site because the dryer does not require 24/7 operation. At the same time, we have been spending considerable funds for tip fees at the landfill. We anticipate that the elimination of tip fee costs will bring the budget back into conformance. At the end of April we are $110,221 under budget in labor and $208,647 over budget in non -labor, for a combined over -budget amount of $98,246. The information is graphically represented in the chart below. Budget Performance JANUARY FEBRUARY MARC H $130,732 $(17,4fi4) $21,341 $31,775 $(34,089) $(51,553) $(51,532) $(72,873) - $(98,957) ■ Labor Non -Labor Budget - Over (Under) APRIL $208,647 $98,426 Jacobs — Fayetteville Project 2 11 Jacobs Fayetteville Client Monthly Report for April 2022 ►.1aCok]S 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 During the Month of April, the Noland WRRF experienced elevated flows with a peak daily flow of 19.56 mgd on the 14th. A total of 6.1 inches of rainfall was recorded on the BMS rain gauge, which resulted in a monthly influent flow average of 8.88 mgd. Bioprocess flows have also increased to a 10.44 mgd average for the month in order to minimize water being sent to storage ponds. West Side During the month of April, the West Side facility saw an increase in influent loading both in total suspended solids (TSS) and biochemical oxygen demand (BOD). Close monitoring of the return activated sludge (RAS) and wasting rates (WAS) ensured a quality effluent. In addition, the West Side facility saw a 2 mgd average flow increase over the previous month. During the month of April, the West Side WRRF experienced a total of 5.9 inches of rain. Elevated influent flows peaked at 34.5 million gallons on the 25th. 1.2 Biosolids Process During the month of April, the WRRF's produced 2,429 wet tons of biosolids. Due to better weather conditions and repairs made to equipment, no belt filter pressed bio-solids were sent directly to the landfill. All 2,429 wet tons produced were spread into the solar houses and partially dried before being disposed of at the landfill. A total of 1,763 tons of partially dried biosolids were sent to the landfill. This computes to 666 tons of water removed from the material before it was sent to the landfill. By partially drying biosolids before hauling to the landfill, it is estimated that $32,095 was saved in tipping fees. The total cost in tipping fees at the landfill for the month of April was $84,348. 1.3 Compliance DMR GA Study 42 Address Verification was completed for the Noland and West Side facilities. The DMR QA packet is mailed out annually from the EPA to NPDES permit holders. The Address Verification step is completed by sending an email to the ADEQ State DMR GA Coordinator listed in the packet by the designated due date. Study samples will arrive mid -summer to be analyzed and reported for each permit parameter. The West Side quarterly THE report was received from FTN and forwarded to ADEQ. The Toxicity Reduction Evaluation report is compiled quarterly throughout the THE Plan period to outline the results of toxicity evaluation testing that stemmed from repeated test failures of the Goose Creek Jacobs — Fayetteville Project 11 Jacobs Fayetteville Client Monthly Report for April 2022 ►.1aCok]S fathead minnow, Pimephales promelas, survivability. No toxicity has been detected in the Goose Creek effluent to date. The 18-month THE plan period is scheduled to conclude in early 2023. 1.4 Successes The annual hay commitment call -in was held on Friday, April 1st with a total of 47 customers requesting 7,115 tons of hay. Annual preventative maintenance work began on all hay equipment in late April in preparation for the hay season. The last 1.74 tons of hay from 2021 was sold. The hay from this sale was made up of either broken bales or half -bales. All hay from 2021 is now sold and off BMS property. The BMS staff continued to coordinate with the Beaver Water District to land apply all water treatment residuals (WTR). A total of 683 wet tons of WTR were land applied on BMS application areas and no WTR was landfilled. The revenue generated in April from the WTR application was approximately $22,536. 1.5 Issues/Resolutions A weather event that occurred on April 24th produced 2.48 inches of precipitation over a 24-hour period. The resulting upstream precipitation caused the White River to leave its banks and flood Area 3, designated as Area 8 under the previous permit. Approximately 50 acres were under water. The areas were inspected for debris left in the field, fence damage, and damaged trees. An additional 3.78 inches of precipitation also fell throughout April. Storm water damage was found on the bridge leading to Area 6, previously permitted as Area 15. A culvert was washed away, Leaving the bridge unsupported. In its current condition, the bridge is impassable and plans to repair the bridge are currently being made. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 1.6 Revenue Table 1-1: Revenue generated from the BMS ,jacobs Product Tons Sold/Received Revenue Generated Hay 2 $9 Fertilizer 0 $0 Water Treatment Residuals 683 $22,536 Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR Revenue Generated Biosolids Management Site $60,000 $50,000 $40,000 $30,000 $0,000 { J $10,000 $_ f _ O Monthly 2021 Monthly 2022 Cumulative 2022 Jacobs — Fayetteville Project 5 Jacobs Fayetteville Client Monthly Report for April 2022 2. Maintenance 2.1 West Side iacobs Odor control fan 05 received a new VFD (variable frequency drive) on the matrix filter. West Side Odor Control VFD I� aies� �. The West Side RAS/WAS pump building also received a VFD and matrix filter on RAS pump 02. 0 ?� Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 2.2 Noland .Jacobs Focus has been placed on predictive maintenance tasks after the completion of extensive upgrades to the biounits. 2.3 Lift Stations Routine lift station maintenance continued to protect assets and provide optimal performance. 2.4 BMS Maintenance Drive tires and steer tires on BMS unit 751 were measured below the minimum standard tread depth and were replaced. Drive tires require a standard depth greater than 2/32 inches and steer tires should be a minimum of 4/32 inches. 2.5 Key Performance Indicators/Measures Figure 2-1: Labor Hours by Work Order Type 96.00, 0 0 0.00, 0 ❑ 297.91, 0 - 522.99, 0 ❑ 26: ❑ administrative ❑ corrective maintenance ❑ 50.00, 0 emergency corrective maintenance non emergency corrective maintenance from pm/pdm preventive maintenance 1 775.43, 0 project ❑ safety Jacobs - Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 Jacobs Figure 2-2: Work Order Count by Type n ?q ?o/ E 34,2%n Q not ❑ administrative ❑ corrective maintenance emergency corrective maintenance non emergency corrective maintenance from pm/pdm preventive maintenance project 1345,85% 2.6 Capital Improvement Projects (CIP) 28, 8% ❑ 42, 3% Repairs to pump no. 3 at Noland IPS 1 were completed in April as a carry-over project from 2021. The backwash filter pump at West Side was repaired and commissioned into service. Purchase orders were issued for Noland anoxic mixers and a clarifier scum pump. Jacobs — Fayetteville Project 11 Jacobs Fayetteville Client Monthly Report for April 2022 ►.1aCok]S 3. Laboratory/Industrial Pretreatment West Side Goose Creek samples were collected to complete a Whole Effluent Toxicity Screening test as outlined in the Toxicity Reduction Evaluation Plan. The test passed, showing no toxicity for survival or growth to the fathead minnow, Pimephales promelas. 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 compliance needs. All results were statistically within scope and exhibited no unusual trends. Samples were collected from White River and Noland influent for the permit renewal application and analyzed for hardness, oil and grease, hexavalent chromium, and dioxin scan. Priority Pollutant Scan detection limits were requested for a data report from 2021 3rd quarter. This report from Waypoint Analytical included reporting limits that were significantly lower than historical limits and lower than what is required by PPS mandates. With the varying limits, the permit renewal application was not able to process the necessary averages and it was requested that Waypoint re -issue the data report to reflect the higher PPS limits. Going forward, the requested limits will accompany the chain of custody to show the reporting limits that are needed for these analyses. Project Showcase boards were designed and printed for Noland, West Side, and Berryville for use at the Jacobs Annual Manager's Meeting. Quarterly Industrial Surcharge sample collection and analysis was completed. As outlined in the National Pollutant Discharge Elimination System (NPDES) permit for the Paul R. Noland Water Resource Recovery Facility (WRRF), quarterly industrial surcharge samples were collected from Hiland Dairy, ConAgra Brands, and Tyson for analysis of pH, total suspended solids, total phosphorus, and biochemical oxygen demand (BOD). Surcharge fee reports were generated by the pretreatment department using self -generated industrial data, as well as data results from the Noland laboratory. Annual industrial oil and grease sample collection and analysis was completed. Data results were within scope and exhibited no unusual trends. John Byrd participated in a coordinated meeting between Facilities Management, with the University of Arkansas, and the City of Fayetteville discussing activities on campus that would require City approval and/or permitting. Industrial inspections at Wolfspeed and the University of Arkansas Abattoir were completed regarding the potential need for permitting. Wolfspeed is currently filling out a data disclosure form and will likely require a permit for their semiconductor manufacturing process. Sampling was performed at Wolfspeed to determine their discharge characteristics. The abattoir was determined to not need a permit or pretreatment device for their process and no sampling was necessary. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 ►jaCobS Fat Oil and Grease (FOG) issues were reported by City of Fayetteville staff at the Greenland lift station. Grease trap inspections were performed at the Greenland Sonic and McDonald's locations. Sonic, having already been issued an informal warning, was issued a Notice of Violation (NOV) for not maintaining their pretreatment device (grease trap) and for violating a City of Fayetteville Sewer Use Ordinance Specific Prohibition. 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 10 Jacobs Fayetteville Client Monthly Report for April 2022 ,jacobs Table 3-1: Revenue generated from the Industrial Pretreatment Program (IPP) Revenue $128,446.94 Surcharges on March data $1,950.00 Fees from hauled waste accepted in April $0.00 Other fees paid in April $0.00 Fines assessed in April Zero violations Violations on March data Figure 3-1: IPP revenue total from surcharges, fees, and fines Revenue Generated Industrial Pretreatment Program $140, 000 $120,000 $100,000 $80,000 $60000 $40:000 $20,000 tJ e�t�atJO11�ec c,° e e �o O� ❑ 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 Ini 20 in, in ini ini 10 0 I n n fl e` Zc P �,Cec ,a ���` P ��e Oc 0 eye ■ 2022 APT ■ 2021 APT ❑ 2022 BJ ❑ 2021 BJ ■ 2022 TOTAL ■ 2021 TOTAL ■ 2022 CIC Jacobs — Fayetteville Project 11 Jacobs Fayetteville Client Monthly Report for April 2022 ►jaCobS 4. Woolsey Wet Prairie April marks the beginning of herbicide treatments of problematic invasive species at Woolsey Wet Prairie. Yellow Rocket, an invasive, non-native wild mustard, was found at historically low numbers with only a few dozen plants needing treatment. This is a remnant of previous populations being down from a starting point of over 1,000 plants nearly a decade ago. Early this month Jacobs and City staff met with Eco, Inc. to discuss this year's annual management plan and significant decreases of several high priority species were noted. Quantifying and mapping Small Carpetgrass continues to be an area of focus this year. Just over seven inches of April rainfall has left all wetland cells with standing water up to current stop -log weir settings. The abundance of rainfall has transformed the post -burn landscape into a multi -hued carpet of emerging wetland sedges and grasses. Fully saturated soils are primed for an abundance of late spring wildflower blooms such as Foxglove beard -tongue. Jacobs — Fayetteville Project 12 11 Jacobs Fayetteville Client Monthly Report for April 2022 ►.1aCok]S 5. Community Outreach On April 28th, the Washington County Search and Rescue K9 team utilized the BMS site for training. West Side operations hosted tours for students from Prairie Grove High School. Students from Prairie Grove High School enjoy a beautiful spring day touring the West Side WRRF Jacobs attended the Greenland School Career Day Job Fair where 5th -12th grade students Learned about the importance of environmental management and wastewater treatment in protecting public and environmental health. Greenland Schools Career Day with JACDBS Students from grades 5-12 enjoyed learning about careers in environmental management Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 jacobs One Jacobs staff member volunteered with local non-profit PBA (Prescribed Burn Association) to aid in a controlled burn of a local Landowner's forest for the purpose of fighting back invasive species and clearing underbrush, both of which provide a more habitable environment for native flora and fauna. The event also supplemented the training initiative to prepare Jacobs for the controlled burn scheduled for the West Side natural capital areas. An April invasive removal event organized by Jacobs included support from Master Naturalist, Urban Forestry, and City Planning to remove an additional 5,000 square feet. This is the second year for Jacobs to support this project and to date an estimated 15,000 square feet of mature bush honeysuckle and privet have been removed from the Homestead Restoration project site. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 ►jaCobS Jacobs participated in a community led clean-up effort in one of Springdale's mobile home parks after recent tornado destruction. Community volunteer groups consolidated storm debris at Woodridge Estates Mobile Home Park, one of Springdale's most impacted communities. in] Jacobs Team assists with Storm Clean-up Trash pick-up along Broyles Avenue in April continues efforts towards facility beautification. Jacobs Staff and two local volunteers from the Master Naturalist group, helped lead an Earth Day event at the West Side Facility with 30 students from Farmington High School. Over 150 native plant starts of Prairie Sage, Tall Coreopsis, Ashy Sunflower, Prairie Clover, Tall Bellflower were planted and thousands of native seed were sown in the West Side Blue -Green Infrastructure bioswales, rain gardens, riparian corridor and conservation easement. Additionally, a handful of these students worked on tackling removal of invasive privet along the riparian corridor that leads to Goose Creek. Jacobs — Fayetteville Project { M IT � ' A..r; x'''�' Plenty of Plants and Seeds Y '.�. ::,• Launch the Kick-off of i:.; ► t_ a Earth Day Event t � �1 Students from Farmington High... A ...cultivate their love of Biology... Jacobs Fayetteville Client Monthly Report for April 2022 jacobs Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 fiMO.- I ,,acobs Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 Jacobs 6. Sustainability 2022 marks the fourth year for the Jacobs team to intentionally cultivate Prairie Sage transplants and relocate them into safer locations, such as Woolsey Wet Prairie and other natural capital areas to promote and protect this regionally unique and vulnerable plant species. On April 18th Jacobs staff organized and performed a first in -facility controlled burn throughout several rain garden and wildlife corridor areas. A trained team of three individuals burned approximately 150,000 square feet of natural capital area within a 4-hr timeframe. Utilizing fire to remove previous year vegetation can decrease fossil fuel consumption, as the areas don't require mowing, while fire exposure encourages more robust, dense and diverse growth of native vegetation, which work to minimize overall maintenance costs. The Jacobs team attended prescribed burn training provided by Arkansas Game and Fish Commission which was hosted at the Hunt Family Ozark Highlands Nature Center earlier this year. Training included classroom instruction and hands-on burn demonstrations on several areas. The team was also able to prepare for burn activity by supporting the WCRC efforts in burning the Deadhorse Mountain Road property and volunteered with NWA Prescribed Burn Association burning Fayetteville properties. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for April 2022 Jacobs 7. Health & Safety/Training The safety team conducted all required weekly safety inspections in April and various safety training modules were offered throughout the project. The conversion to electronic formatting of safety planning continues to be a success. The biosolids management area implemented the electronic pre -task plan (e-PTP) within their department. The maintenance, operations, and lab teams have continued to utilize the electronic e-ptp's in their daily planning routine. Project Manager, Monty Sedlak, has been a main proponent for getting Fayetteville away from the use of paper documentation and adopting the more efficient, convenient tools provided by digital access. The safety planning tool has the potential to provide great savings of time, money, and future environmental impact. The safety committee looks for ways to improve the existing safety culture within the project. The team receives consistent and actionable feedback regarding safety and site compliance. The main benefit of having a representative from each of the departments is getting feedback that is relevant to specific tasks. The committee has been able to work closely with maintenance in resolving past safety work orders. The maintenance team participated in a week-long course on Category I Vibration Analysis. The training provided valuable insight into understanding the augury vibration readings and responding to alert codes. Certification was attained for Josh Apeman, Maintenance Supervisor, and Tim Marr, Lead Electrician. Sarah Garrison and Jeff Hickle presented a training module on the new and improved recycle stations and best practices. John Byrd and Donna McChristian attended a training webinar for industrial user inspections and sampling guidelines from the EPA guidance manual. Donna McChristian attended a training webinar for Jacobs CEO Leadership Roundtable Session. All associates attended the training session Jacobs Cyber Awareness. Jacobs — Fayetteville Project Jacobs Fayetteville - Client Monthly Report for April 2022 Appendix A. Additional Information A.1 Effluent & Influent Data A.2 White River Effluent Characteristics Jacobs 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 April 7.5 788 5.0 525 1.0 105.0 2.1 221 7.7 6.0 9.0 200 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 6.1 3.9 192 3.6 178 0.16 8.3 0.42 23 18.6 7.2 7.5 19 April 8.8 3.6 269 2.1 157 OAS 11.4 0.13 9 15.9 7.3 7.5 27 May June July August September October November December Average 6.7 3.6 205 2.7 149 0.16 8.9 0.17 10 18.4 7.3 7.5 22 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 April 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 325 16,343 67 3,453 3 144 April 296 22,171 65 4,413 5 339 May June July August September October November December Average 322 18,027 67 3,749 4 205 Jacobs - Fayetteville Project Jacobs Fayetteville - Client Monthly Report for April 2022 Goose Creek Effluent Characteristics Jacobs 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 April 10.2 850.7 10.0 834 1.0 83.4 1.6 133.4 7.7 6.0 9.0 1,000 January 9.0 2.0 145.5 1.0 73 0.06 4.2 0.03 1.96 10.9 7.1 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 11.0 2.0 189.2 1.0 94 0.07 6.9 0.05 7.0 10.6 7.0 7.4 6 April 12.8 2.0 228.1 1.0 112 0.07 7.7 0.06 8.4 10.1 7.0 7.4 5 May June July August September October November December Average 11.0 2.0 188.3 1.0 94 0.07 6.2 0.05 6.1 10.7 7.0 7.4 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 7.1 56.5% 18,925 63.8% 10,512 45.3% 125 16.3% 767 34.1% April 8.9 70.5% 16,653 56.1% 11,615 50.1% 249 32.5% 1006 44.7% May June July August September October November December Average 7.2 57.1 % 16,429 55.4% 10,029 43.2% 191 25.0% 863 38.3% Jacobs - Fayetteville Project Jacobs Fayetteville - Client Monthly Report for April 2022 West Side Influent Characteristics Jacobs 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 11.0 109.9% 11,456 78.5% 11,879 81.4% 168 28.8% 1,282 66.9% April 12.8 128.1% 12,021 82.4% 14,644 100.3% 154 26.4% 1,292 67.4% May June July August September October November December Average 11.0 110.3% 12,137 83.2% 13,456 92.2% 176 30.2% 1,346 70.2% Jacobs - Fayetteville Project 23 ON Jacobs Fayetteville - Client Monthly Report for April 2022 jaco s Labor Status Department Job Title Employee Name Fayetteville /o FTE Admin Project Manager Monty Sedlak 82.00% Admin Assistant Project Manager Sarah Garrison 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% Admin Project Coordinator Brandi Miller-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 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 IPP 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 Blake Shepherd 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 Jarrod Householder 100.00% Maint Mechanic in Training Caleb Wheeler 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% Operations Operator In Training Brittney Doyle 100.00% Jacobs - Fayetteville Project ON Jacobs Fayetteville - Client Monthly Report for April 2022 jaco s SCADA SCADA Supervisor Mayo Miller 100.00% SCADA Instrument & Control Tech Pat Cooley 95.00% SCADA Instrument & Control Tech Vacant 100.00% Authorized Positions = 48.0 Filled Positions = 45.0 Filled FTE's= 42.8 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 6.25 Asset Manager Support Bass, Edward Lee 0 Asset Manager Support Turley, Johnny D (JD) 82.5 Jacobs — Fayetteville Project 25