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2022-11-10 - Agendas - FinalCITY OF FAYETTEVILLE %PF ARKANSAS MEETING AGENDA Water, Sewer, and Solid Waste Committee 10 November 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, Susan Norton, Kara Paxton, Kit Williams, Chris Brown, Alan Pugh, Terry Gulley, Peter Nierengarten, Brian Pugh, Mark Rogers, Corey Granderson, Aaron Watkins, Greg Weeks, Jan Guy From: Tim Nyander, Utilities Director CALL TO ORDER ROLL CALL UPDATES OLD BUSINESS: 1. Structural Technologies The City has received a proposal for repair of the 48-inch sewer under 1-49. Contract language is currently being evaluated. Information will be provided on the status of this proposed project. INFORMATION ONLY 2. Markham Hill Tank Refurbishment — Amendment No. 1 The Markham 1-million-gallon elevated water storage tank is currently offline and being re- painted. During the bidding phase for this project, contractors voiced concerns about the length of time specified in the bid documents, requesting that the city give more time for a construction window on this project. Olsson as well as City Staff agreed this was justified given that the project included fabrication and reconstruction of all ladders, railing, and safety systems in addition to the traditional removal and recoating of paint. During the bidding phase, Addendum No. 1 was issued to increase the allowable construction days from 180 to 210 days. However, the existing engineering agreement with Olsson only included construction observation for 180 days. Therefore, Amendment No. 1 is now proposed to provide funding for the additional observation effort necessary to complete the job. Staff recommends approval of Amendment No. 1 to the agreement between the City of Fayetteville and Olsson, Inc. for engineering services related to the East Fayetteville Water System Improvements Project in an amount not to exceed $7,500.00. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL NEW BUSINESS: 3. Amendment #14 to the CH2M Hill Agreement CH2M Hill has been contracted to operate the Wastewater Treatment Facilities since 1988. The most recent contract was passed by the City Council in 2009 under Resolution 256-09. This council action approved a proposed five-year contract subject to and contingent upon yearly budget approval by the City of Fayetteville, with two successive five-year options to renew. Amendment No. 14 represents the fourth year of the second five-year renewal and is for $7,976,410. The contingency amount for 2022 is $398,820.50. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 4. Noland Plant Aerator No. 1 Repair The Noland Water Resource Recovery Facility utilizes 16 mechanical aerators to provide oxygen to the biological treatment process in the aeration basins. There are 8 aerators in each basin. Earlier this year routine vibration analysis indicated a problem with Aerator No. 1 in the west biological basin. A realignment of the shaft was performed, which did not correct the problem. Next the motor and the aerator were separated and individually tested. It was found that the motor was fine, and the problem was with the aeration unit. The aerator was removed and shipped to the JCI Industries authorized repair facility in Lee's Summit, MO for a hidden damages inspection. The City has received a quote from JCI Industries in the amount of $101,651.00 plus applicable taxes to make repairs to Aerator No. 1. JCI's proposal includes teardown and inspection, new bearings, seals and the remanufacture of certain components within the aerator. JCI industries will also reassemble and test the unit. Freight is included in the quoted price. Taxes are estimated at $9,910.97 for an estimated total of $111,561.97. 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). The aerators are a critical part of the treatment process, as it suspends the solids in the biological basin for proper oxidation of the wastewater and provides dissolved oxygen for the biological process. Funds are available in the Plant Pumps and Equipment — WWTP account within the Water and Sewer Fund. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 5. Dot Tipton Lift Station Removal The Dot Tipton sewer lift station was constructed by private developers in approximately 2008 to service residential single-family homes in the Legacy Pointe subdivision. Removal of this lift station was recommended in the 2021 Wastewater Collection System Master Plan Update by RJN Group, Inc. Removing this lift station will reduce direct O&M expenses for the City as well as reduce the contributing flow to the Owl Creek lift station which is situated downstream of Dot Tipton lift station. This will allow the Owl Creek lift station to have extended capacity life. To take the lift station out of service, a gravity sewer main must be constructed approximately 4,200 linear feet to reach an existing gravity sewer line near the intersection of Goose Creek Road and Double Springs where flow would enter the larger Farmington lift station. Engineering design services are necessary for this project. Horner and Shifrin, Inc. was formally selected at an Engineering Selection Committee meeting on March 17, 2022 (RFQ 22-01, Selection #7). Staff recommends approval of an Engineering Services Agreement with Horner & Shifrin, Inc. for gravity sanitary sewer design related to the Dot Tipton Lift Station Removal project in an amount not to exceed $84,700.00 and to approve a project contingency of $10,000.00. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 6. Kessler Sewer Engineering Design Contract Funding for a sewer project to extend sewer towards the Kessler Regional Park and future SLS Communities development has been approved pending a final application submittal process to the U.S. Department of Housing and Urban Development (HUD) via their Community Project Funding Grant program. The funding for this project is $3M and will be 100% independent of the Water/Sewer budgets for the City, but the Utilities Engineer will manage the sewer improvements similar to any capital improvement project. The City's office of Economic Vitality will bring forward the HUD application to the full City Council in December. Shortly afterwards an engineering services agreement will be brought forward for the engineering design, environmental review, permitting, etc. A formal Engineering Selection Committee meeting was held on September 8t", 2022, and Crafton Tull was selected as the engineer for this sewer design. The engineering contract is under final review but is expected to total approximately $300,000.00. Again, these fees would be paid through the federal grant monies and not from water/sewer accounts. INFORMATION ONLY 7. Greenland Sewer Easements The City of Fayetteville and City of Greenland have an agreement for both water and sewer services. The City of Greenland `owns' the infrastructure, but the City of Fayetteville operates the system. Greenland is in the process of upgrading their sewer lift station and the downstream force main and gravity sewer mains that transport the water to Fayetteville's system. These upgrades are needed to reduce wet weather sewer overflows and accommodate growth in their system. Temporary and permanent utility easement is needed for the Greenland sewer lines across several City of Fayetteville parcels as shown in the attached exhibits. These areas are generally just west of Drake Field Airport. Staff recommends approval of the easements as requested. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 8. Damage Claim — 11 W. South Street There is a damage claim requiring City Council consideration. The damage occurred on September 12, 2021, due to a water leak at 11 W South St. The leak supersaturated the ground around an in -ground swimming pool and caused it to begin leaking. Below is a list that includes what the City has already paid ($8,019.00) and the amount that needs to be considered for reimbursement ($5,682.50). The project is now 100% complete with a total cost of $13,701.50. City Paid Customer Paid Eco rass $ 999.00 American Leak Detection $ 475.00 Ron's Pool Service $ 1,095.00 American Leak Detection $ 1,900.00 American Leak Detection $ 325.00 American Leak Detection $ 125.00 Triton Pools $ 5,600.00 CertaPro $ 3,182.50 Total - City Paid $ 8,019.00 Total Reimbursement $ 5,682.50 STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 9. Overview of WWTP Monthly Report September's Monthly WWTP Report PRESENTATIONS ATTACHMENTS Olsson Amendment — Markham Tank CH2M Hill - Amendment 14 JCI Quote Rebuild Aerator #1 Noland WWTP Horner and Shifrin Dot Tipton Agreement Greenland Sewer Easements September WWTP Report ADJOURN Next Water, Sewer, Solid Waste Committee meets on Tuesday, December 13th, 2022, at 5:30 p.m. 4 AMENDMENT NO. 1 To AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON INC. MARKHAM 1 MG ELEVATED STORAGE TANK REHABILITATIONS WHEREAS, on August 3, 2021, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Olsson Inc. of Fayetteville, Arkansas (ENGINEER) entered into an Agreement for engineering services in connection with the Markham 1 MG Elevated Storage Tank Rehabilitations (the "Project"); and WHEREAS, the scope of the current Agreement includes the ENGINEER providing services in connection with the evaluation, design, and/or construction administration of capital improvement projects, and WHEREAS, the current Agreement must now be amended to provide the additional fee and amount of compensation to the ENGINEER for the additional work; and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and the ENGINEER, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated August 3, 2021, is hereby amended in the following particulars: k*J XQ11 I UU&IN 7\•/03 10M►Y RV 1111 Ole[" lei 01 DI 7 Delete Paragraph 5.1 and replace with the following: 5.1 The maximum not -to -exceed amount authorized for this Agreement is $114,500.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on an hourly NTE basis as described in Appendix B. APPENDIX A — SCOPE OF SERVICES A. Project Schedule Delete Second Paragraph and replace with the following: Construction Administration and Observation service are based on 180-day construction schedule Amendment No. 1 increases the Markham 1 MG Elevated Tank Rehabilitations total project by $7,500.00 for additional Construction Administration services related to extending original construction period from 120 days to 180 days. All other provisions of the original Agreement remain in full force and effect 021-04416 Amendment No.1 Page 1 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have caused this Amendment to be duly executed this day of , 2022. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: OLSSON INC. By: &j b �j Brad B. Hammond, P.E.; Office Leader By: By: Wo City Clerk Chris Dougherty, P. .; Sen' r Engineer END OF AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES 021-04416 Amendment No.1 Page 2 AMENDMENT NO. 14 TO AGREEMENT For OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And C112M HILL ENGINEERS, INC. THIS AMENDMENT NO. 14 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas, Water Resource Recovery Facility and its pertinent systems dated December 15, 2009 (the "Agreement"), is made effective on the 1st day of January 2023, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City of Fayetteville") and CH2M HILL Engineers, Inc., (hereinafter "CH2M") NOW THEREFORE, the City and CH2M hereby amend the Agreement as follows: 1. Appendix A is hereby deleted in its entirety and replaced with the attached Appendix A. 2. Appendix B is hereby deleted in its entirety and replaced with the attached Appendix B. 3. Appendix C is hereby deleted in its entirety and replaced with the attached Appendix C 4. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D. 5. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E. 6. Appendix F is hereby deleted in its entirety and replaced with the attached Appendix F. 7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G. 8. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H. 9. Appendix I is hereby deleted in its entirety and replaced with the attached Appendix I. 10. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J. I t . Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K. This Amendment No. 14, together with prior Amendments and the Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. Officer have made and executed this Agreement as of the day and year first above written. CH2M HILL ENGINEERS, INC. CITY OF FAYETTEVILLE, ARKANSAS By: Name: Steve Meininger Title: Senior Vice President Date: By: Name: Title: Date: Lioneld Jordan, Mayor Mayor ATTEST: By: Name: Lisa Branson Title: Deputy City Clerk Date: Appendices to Operations, Maintenance, and Management Services Agreement Between City of Fayetteville, AR and CH2M Hill Engineers, Inc. Appendix A LIST OF APPENDICES Appendix A — List of Appendices Appendix B — Definitions Appendix C — Scope of Services Appendix D — Compensation for Services Appendix E — Location of Project Appendix F — Environmental Permits and Project Characteristics Appendix G — Industrial Waste Discharges and Monitoring Program Appendix H — Vehicle and Mobile Equipment Description (Rolling Stock) Appendix I — Base Fee Adjustment Appendix J — Monthly Reports Appendix K — CH2M Travel Policy Appendix B DEFINITIONS B.1 "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents proportional to BOD5 in the ratio of five (5) parts nitrogen, one (1) part phosphorus, and one half (0.5) part iron for each one hundred (100) parts BOD5. B.2 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct costs, labor, utilities (other than electricity), and other allocated costs. B.3 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of City of Fayetteville's NPDES permit. Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. B.4 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility items that cost more than Ten Thousand Dollars ($10,000); or (2) major repairs which significantly extend equipment or facility service life and cost more than Ten Thousand Dollars ($10,000); or (3) expenditures that are planned, non -routine and budgeted by City of Fayetteville. B.5 "Cost" means the total of all costs determined on an accrual basis in accordance with generally accepted accounting principles including but not limited to direct labor, insurance, labor overhead, chemicals, materials, supplies, utilities (other than electricity), equipment, maintenance, repair, and outside services B.6 "Cost Center" is defined as each columned category of the cost detail, presented in Appendix D, which describes the separate functions and locations to which costs may be charged for accounting, reporting or billing purposes. B.7 "Electrical Evaluation" will be limited to amperage draws, winding resistance measurements, thermographic evaluations, and current and voltage imbalance B.8 "Emergency Situation" is hereby defined as an emergency affecting the safety of persons or property, or regulatory compliance where CH2M HILL shall act to prevent threatened damage, injury or loss. B.9 "Fixed Asset" means any tangible property that has a value of Five Thousand Dollars ($5,000) or more and is depreciable. This excludes the repair/replacement parts that are components of a greater fixed asset. B.10. "Fixed Management Fee" means a fee for indirect costs of managing the operation beyond the direct costs of materials and labor. B.11 "Integrated Vegetation Management (IVM)" means emnloving environmentally -sound. cost- effective control methods within grounds, permitted spaces, and related rights -of -way within or immediately adjacent to WRRF's that support environmental stewardship through healft ecosystems by providing measurable results - such as greater natural species densities or diversity. Adverse environmental and cultural impacts are achieved primarily through control of invasive species while also enhancing such ecosystem services that build climate resiliency and enhance community health. IVM strategies strive to manage vegetation and the environment by Appendix B - 1 of 2 balancing the benefits of. cost, control, environmental quality, public health, and regulatory compliance. B.14-2 "Load Shedding" is defined as the deliberate shutdown of electric power being provided by the grid and generating on -site power for the treatment facilities, generally to reduce demand strains from the grid on the capacity of the system. B.1-23 "Maintenance" means the cost of those routine and/or repetitive activities required by the equipment or facility manufacturer during the warranty period or as recommended by CH2M HILL after the warranty period has expired to maximize the service life of the equipment, vehicles, and facilities as listed in Appendix E. B.1- 4 "Natural Capital" (or "Blue-green infrastructure") means a set of locally distinct, recognizable natural assets functioning together as living infrastructures to provide ecosystem service outputs including but not limited to habitat, water assimilation, erosion control, carbon dioxide absorption, soil health, streambank stability, visual amenity, biodiversity, recreation, temperature regulation and oxygen. BGI's are planned and strategically managed for a primary function, for example stormwater control, but also support many other environmental, economic and community [or social] benefits. B.15 "Operational Technology" (OT) encompasses information technology (IT) support, components and software in an industrial control system (ICS) environment. OT, as a practice, relates to the access and control of physical assets, which differs from IT because it relates to the access and control of data. B.146 "Out of scope" services will include "capital expenditures" (definition B.4 of this Appendix), added or modified regulatory requirements (that are not contained in the applicable permits), changes to improve efficiency and/or generate income, or other services not described in the contract and requested by the City of Fayetteville. B.1-57 "Project" means all equipment, vehicles, grounds and facilities described in Appendix E. B. 168 "Repairs" means the cost of those non-routine/non-repetitive activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof; cost less than ten thousand dollars ($10,000); and are not included in definition B.4 of this Appendix. B.1-79 "Reliability Centered Maintenance" means a process used to determine what must be done to ensure the physical assets continue to do what its users want in its present operating context. Appendix B - 2 of 2 Appendix C SCOPE OF SERVICES C.1 SCOPE OF SERVICES — C112M C.1.1 Perform professional services in connection with the Project as hereinafter stated. C.1.2 Operate and maintain all facilities over a 24-hour per day, 7-day per week period, under full - service contract operations and maintenance. Operations may be performed with on -site staff and/or remote monitoring/on-call services for all or portions of this time. C.1.3 Within the design capacity and capability of the Project, manage, operate, and maintain the Project so that effluent discharged from the Project meets the requirements of all applicable City NPDES permits as specified in Appendix F. Maintain compliance with other existing environmental permits as described in Appendix F. C.1.4 Operate and maintain the present Industrial Pretreatment including all monitoring, inspections, sampling, testing, reporting, and record keeping as described in Appendix G. Results of all industrial sampling and testing shall be made available to City of Fayetteville as requested. C.1.5 Provide all Maintenance for the Project. Document as required to continue existing maintenance program and to provide City of Fayetteville requested reporting, including but not limited to updated preventative maintenance schedules. City of Fayetteville shall have full access to preventative maintenance records. C.1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agreement. C.1.7 Staff the Project with a minimum of three (3) Arkansas Class IV Wastewater licensed operators or as required by the Arkansas Department of Environmental Quality (ADEQ). C.1.8 Prepare all NPDES permit and other pertinent regulatory reports, letters, or other correspondence, and submit these to City of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by City, except for electronic reporting via NetDMR, which shall be performed by CH2M HILL. Any fines levied because of late reports as a result of CH2M HILL failure to complete and allow sufficient time for City of Fayetteville's signature and transmittal shall be paid by CH2M HILL. Submittal to the City of Fayetteville no later than 5 business days prior to the reporting period due date shall be considered timely. C.1.9 Provide for proper disposal of screening, scum, grit, and biosolids in compliance with permit and regulatory requirements. Should regulations and/or disposal/application options significantly change, projected costs will be revised by mutual agreement. C.1.10 Be responsible for all laboratory testing and sampling presently required by the NPDES permits, stormwater permits, "no discharge" permits, and other related requirements or permits. C.1.11 Maintain an inventory of vehicles and equipment (rolling stock), to be identified and referenced as Appendix H, being used for the Project and provide to the City upon request. C.1.12 Provide twenty-four (24) hour per day access to Project for City of Fayetteville's personnel. Visits may be made at any time by any of City of Fayetteville's employees so designated by City Appendix C - 1 of 7 of Fayetteville's representative. Keys, key fobs, or other access equipment for Project shall be provided to City of Fayetteville by CH2M HILL. All visitors to the Project, including City of Fayetteville employees, shall comply with CH2M HILL's operating and safety procedures. C.1.13 Provide for the maintenance of existing City of Fayetteville rolling stock such as dump trucks, tractors, and trailers that are necessary for the operations and maintenance of the facilities. C.1.14 Provide training for personnel in areas of regulatory requirements, operation, maintenance, safety, supervisory skills, laboratory, cybersecurity and sustainable practices. Continue the current project safety program with updates as necessary. C.1.15 Provide computerized maintenance, process control, and laboratory management systems to maintain documentation, accountability and transparency to allow City of Fayetteville to see if the equipment is being maintained appropriately. C.1.16 Comply with the requirements of City of Fayetteville regarding affirmative action provisions for minority hiring. C.1.17 Provide City of Fayetteville with a full accounting of all expenditures at intervals and in sufficient detail as may be determined by City of Fayetteville and assist City of Fayetteville in preparation of annual operating budgets. City of Fayetteville shall be allowed to conduct or have conducted audits of all accounting records related to the direct contract operations of this Agreement at times to be determined by City of Fayetteville. C.1.18 Manage and comply with all manufacturers' warranties on equipment purchased for the project and assist the City of Fayetteville in enforcing existing equipment warranties and guarantees. After the expiration of the warranty, CH2M HILL shall perform maintenance at a level adequate for the efficient, long-term reliability of the equipment and facilities. CH2M HILL will provide City of Fayetteville with full documentation that preventative maintenance is being performed on all City of Fayetteville equipment in accordance with CH2M HILL's best practices and standards. Maintenance program shall include documentation of corrective and preventive maintenance and a spare parts inventory to be consistent with the "Reliability Centered Maintenance" model. C.1.19 Provide for repairs as described in Appendix B.16. C.1.20 Maintain the SCADA system located at the addresses listed in Appendix E. Upgrades, modifications, and/or additions to the SCADA system shall adhere to industry standards and best practices such as: NIST, NEC, ISA, IEC, IEEE. C.1.21 CH2M HILL shall provide the following as related to the SCADA system: C.1.21.1 Ongoing updates and upgrades of the software and hardware to ensure operational continuity in accordance with the definitions of maintenance and capital expenditures as agreed upon by the City of Fayetteville and CH2M HILL. C.1.21.2 CH2M HILL shall be responsible for evaluating and applying hardware firmware and software security patches released from vendor within the next maintenance window (performed bi-annually). Evaluation shall include, but not be limited to reviewing vendor release notes, installing and testing upgrades on lab equipment or a limited subset of active equipment. Hardware firmware and software patches, which do not adversely affect plant control, shall be applied at the next maintenance window. Hardware firmware and software security patches, which adversely affect plant control, shall be reviewed with the City to determine the path Appendix C - 2 of 7 forward. Critical security patches for firewalls and edge devices shall be applied within thirty days of release from vendor- C.1.21.3 CH2M HILL is responsible for maintaining the SCADA environments including but not limited to: (1) SCADA Wireless and Telemetry equipment, (2) Programmable Logical Controllers and Remote Terminal Units (PLCs/RTUs) and (3) all communications media between sites and ISP connectivity, (4) SCADA software, (5) SCADA servers, and (6) SCADA network equipment. C.1.21.4 SCADA components shall be protected by UPS uninterrupted power supply to prevent loss of connectivity during brief power loss. C.1.21.5 SCADA diagrams shall be kept current and any as -built drawings shall be incorporated into a change management document and network diagram. Updates regarding SCADA diagrams shall be provided to the City of Fayetteville as requested. SCADA updates shall include but not be limited to: issues, equipment replacements, improvements, etc. C.1.21.6 SCADA equipment shall be installed in environmentally appropriate cabinets and properly secured. C.1.21.7 SCADA modifications shall follow the SCADA network design plan as approved and modified by CH2M HILL and the City of Fayetteville. C.1.22 CH2M HILL shall operate and maintain the operational technology (OT) components of the industrial control system (ICS) in its current state. C.1.22.1 OT encompasses the following components of the ICS: C.1.22.1.1 Networks — switches, routers, firewalls, media converters, communications equipment C.1.22.1.2 Computers — Physical servers, virtual servers, windows server operating systems, workstations, and thin clients C.1.22.1.3 Backups, antivirus, network time servers, disaster recovery, network monitoring, remote access, and cybersecurity. C.1.22.2 CH2M HILL shall operate and maintain the OT environment based on accepted industry standards, guidelines, and best practices. Age of the ICS and component limitations may inhibit CH2M HILL's ability to apply all guidelines and best practices to the system. CH2M HILL shall put forth best effort to adhere to guidelines given the limitations of the existing system. C.1.22.3 The following ICS networking standards, guidelines and industry best practices shall be used as a basis for operation and maintenance of the OT environment: NIST Framework for Improving Critical Infrastructure Cybersecurity and NIST SP-800-83 "Guide to Industrial Control Systems Security", at a minimum, Revision 2. C.1.22.4 There shall be a clear delineation (physically and logically) between the ICS and all other networks. CH2M HILL shall be responsible for the operation and maintenance of the OT components that exist within the ICS and in the de - Appendix C - 3 of 7 militarized zone between the ICS and other networks. CH2M HILL operations and maintenance of the OT environment shall be limited to: C.1.22.4.1 ICS/OT Networks — Physical components and logical configurations C.1.22.4.2 ICS/OT Server Infrastructure — Physical servers and virtual servers C.1.22.4.3 ICS/OT Software — Active Directory, anti -virus, backups, remote access solutions, management solutions, HMI, PLC programming software, configuration management and domain registrations. C.1.22.5 Any expansion of operational technology (OT) components of the industrial control system (ICS) system performed by CH2M HILL shall be compensated with a formal contract amendment agreed to by both parties in advance of such expansion. C.1.22.6 CH2M HILL shall develop a change management program to help control the lifecycle of strategic, tactical, and operations changes to the OT environment. The goal of change management is to control risk and minimize disruption to associated OT services. The plan will manage baseline hardware, software, and firmware, and any changes to the ICS system. The plan shall include the City of Fayetteville's IT personnel in the change control process for informational purposes. C.1.23 CH2M HILL and the City of Fayetteville shall partner to ensure ICS/OT cybersecurity is maintained. CH2M HILL understands its fiduciary obligation to put forth best effort to operate and maintain good ICS/OT cybersecurity. A good cybersecurity posture is difficult to maintain given the ever -changing nature of the threat landscape. Budget and physical component/architecture limitations affect CH2M HILL's ability in this regard and CH2M HILL shall not be held liable for cybersecurity breaches with the exception of breaches resulting from CH2M HILL's negligence. C.1.24 Annual review between CH2M HILL and City of Fayetteville shall be conducted to review past 12-18 months of progress, issues, replaced equipment, and projected improvements expected over the next calendar year and to be included in the annual budget. Project listing should contain location, description of CIP item, progress and estimated costs. Listing provided shall be established and presented by priority and should include sourcing method determined after City discussion (City bid, cooperative purchase, etc.). C.1.25 Verify the capacity and efficiency of each sewer lift station once per calendar year and provide results to the City within thirty (30) calendar days of verification. C.1.26 Provide recommendations for Capital Improvements Program (CIP) with a schedule for improvements and expenditures as requested by the City of Fayetteville. On an annual basis, a five (5) year schedule will be presented for all capital improvements and ten (10) year projections will be made for major improvements. These recommendations will be based on requirements determined from facility operations and review of the City of Fayetteville's Wastewater Facility Plan. However, these recommendations do not include detailed engineering studies. In addition, CH2M HILL will prepare the required forms and documentation required during budget and capital improvements budget preparation time each year. Except for the improvements requiring an engineering study, the following will be included for each project: Appendix C - 4 of 7 • Improvement needed • Justification of improvements • Cost of improvements • Any projected increase or decrease in O&M costs created by the CIP, if applicable • Proposed expenditure schedule • Proposed capital recovery schedule, if applicable • Impact of early termination • Sustainable upgrades to equipment should be disclosed upon providing recommendations for replacement along with the expected cost for upgrading to a more sustainable piece of equipment. C.1.27 Any services requested by the City of Fayetteville which are not part of the Scope of Services shall be executed by formal written agreement with fees and cost subject to negotiation. C.1.28 At the direction of the City of Fayetteville, CH2M HILL is authorized to act in emergency situations outside this Scope of Services, at CH2M HILL's discretion. Outside services, services by CH2M HILL personnel not assigned to this project, or excessive overtime hours incurred by assigned personnel which exceed the regulatory labor laws related to emergency services are not included in the compensation set forth in this Agreement. CH2M HILL will notify City of Fayetteville as soon as reasonably possible and shall be compensated by City of Fayetteville for any such emergency work at CH2M HILL's costs for the emergency work plus eighteen percent (18%). C.1.29 Provide City of Fayetteville with oral and written reports as requested. C.1.30 Operate and maintain all existing wastewater lift station facilities including buildings, grounds, backup power generators, and certain other appurtenances within the site fenced area. However, maintenance of inlet and outlet pipe works shall terminate at the wall of lift station. C.1.31 Conduct annual electrical evaluations of electrical units of 25 horsepower or more which operate at supply voltages of 480V or less to ground. C.1.32 CH2M HILL will comply with present federal, state, and local laws in performing their obligations under the terms of this Agreement. CH2M HILL and City of Fayetteville will work cooperatively regarding the application and impact of potential changes in law, including the potential cost impact on the scope of work, and mutually revise this Agreement as applicable. C.1.33 Coordinate and schedule the use of training rooms at both wastewater treatment facilities. C.1.34 Conduct community outreach and education activities including cooperative efforts with the University of Arkansas as appropriate. C.1.35 Maintain the industrial surcharge program and provide for monitoring and control of septage deliveries, as provided for in the City of Fayetteville's Code of Ordinances, Discharge and Pretreatment Regulations. C.1.36 The parties contemplate that minor design/engineering services may be provided by CH2M HILL from time to time. The scope and compensation for such services shall be mutually negotiated by the parties prior to the commencement of work. Appendix C - 5 of 7 C.1.37 Operate and maintain the ongoing nutrient removal efforts at the City of Fayetteville's Biosolids Management Site, including managing, harvesting, and marketing the hay produced on the site. Biosolids Management Site maintenance shall also include compliance with the current "no discharge" permit. Operate and maintain the biosolids drying operation. Coordinate the marketing and/or disposal of the dried biosolids produced from the drying operations as appropriate. C.1.38 Operate and maintain existing onsite power generators at all existing sites, including maintaining compliance with off-peak power rate structure monitoring and generation requirements. Perform and document weekly generator tests. C.1.39 Coordinate the application of alum sludge from Beaver Water District. C.1.40 Check the condition of and replace the odor canisters (as listed in Appendix E) that are part of the air release valves in the collection system, as needed. The mechanical condition of these valves will be maintained by the Fayetteville Water and Sewer Operations Division. C.1.41 Provide IVM services for the City's blue -,green infrastructures and related natural asset spaces sites ter-ifig and pr-opel4y maipteaaaee aetiv4ties as approved and directed by the City —for - Woolsey Wet Prairie adjacent to the West Ciao W 4o,. Rese ffee Recovery F.,eilitt, to ensure the site continues to meet ecological performance standards. These services include execution of seasonal, site -specific strategies that include A "tip age en*�trateg�inc' Im recommended herbicide applications, site maintenance & monitoring, monthly reporting, prescribed burn site preparations, land management best management practices (BMP) to adjacent City's blue-green infrastructures and related natural asset spaces associated with the WRRF's. of Fayet4ev "o pr-epet4ies. Certain excluded Sservices related to the Woolsey We Prairie include ex�permit compliance over -sight, permit reporting and prescribed burn scheduling and execution. C.1.42 Provide additional IVM, site monitoring and property maintenance activities as approved and directed by the City for environmentally sensitive sites associated with the WRRFs a4 the wme efy f eil ties and the White River streambank restoration sites. C.1.43 Provide incidental small-scale support as approved and directed by the City of Fayetteville to various not -for -profit groups on issues important to the City of Fayetteville. C.1.44 Explore, innovate, and develop solutions to support sustainability by reviewing the impact of climate changes, resource re -use and recycling, water resource management; energy source management and environmental protection and enhancement aligned with City of Fayetteville and CH2M HILL corporate sustainability goals. C.1.45 All applicable taxes for property and equipment owned by CH2M HILL shall be borne by CH2M HILL. C.1.46 Provide all licenses for vehicles owned by CH2M HILL and used in connection with the Project. C.1.47 Pay for natural gas at all facilities other than wastewater lift stations. C.1.48 CH2M HILL shall facilitate an annual contract fee discussion with the City of Fayetteville to collaborate changes in costs for the next contract renewal. Appendix C - 6 of 7 C.1.49 CH2M HILL shall provide a monthly listing of all items or equipment purchased to enable the City of Fayetteville to evaluate its applicability as a fixed asset to be recorded on the City's books. C.1.50 CH2M HILL shall perform all Repairs to the Thermal Dryer at the Biosolids Management Site, including those which would otherwise be considered Capital Expenditures. Repairs which cost $10,000 or over require prior approval of the City's Utility Director. �'�C.1.51 CH2M HILL shall provide annual sample collection, analytical services, and sampling result renortina for the Citv's NPDES General Industrial Stormwater Permit No. ARR000210. C.2 SCOPE OF SERVICES — CITY OF FAYETTEVILLE C.2.1 Provide for all Capital Expenditures, as defined in Appendix B. C.2.2 Maintain all existing and necessary Project warranties, guarantees, easements, permits, and licenses that have been granted to City of Fayetteville. C.2.3 Pay all applicable taxes or franchise fees associated with the Project. C.2.4 May provide CH2M HILL, within a reasonable time after request, any piece of City of Fayetteville's heavy equipment, subject to availability, so that CH2M HILL may fulfill its obligations under this Agreement in the most cost-effective manner. C.2.5 Provide all licenses for vehicles owned by the City of Fayetteville and used in connection with the Project. C.2.6 Provide for CH2M HILL's use all vehicles and equipment presently in use at the Project, including the vehicles described in Appendix H. C.2.7 Pay for all wastewater lift station utilities and electricity and water for all facilities. C.2.8 Pay for all gasoline, diesel, and propane for backup power generators and all rolling stock provided by City of Fayetteville. C.2.9 Pay for all regulatory fees. C.2.10 Responsible for all billing and collection activities related to the industrial pretreatment program (IPP) charges, septic hauler fee, hay sales, water treatment residual fees, and fertilizer sales. Appendix C - 7 of 7 Appendix D COMPENSATION FOR SERVICES D.I CH2M HILL estimates that Base Fee for services, on an annual basis, under this Agreement for 2024-3 shall be $ 7896474015,U549 (SevenEight Million FifteenFour-teen Thousand SevenFive Hundred Forty-nine eleven Dollars). Details of said cost are shown in Table D-1 below. Thereafter, the Base Fee shall be negotiated each year. Should City of Fayetteville and CH2M HILL fail to agree, the Base Fee will be determined by the application of the Base Fee adjustment formula shown in Appendix 1. Upon each contract year renegotiation, CH2M HILL shall continue to invoice City of Fayetteville at the previous amount until the new contract year price is agreed upon. Upon written notice, agreement between the parties as to the new contract year Base Fee, CH2M HILL shall issue an invoice retroactively adjusting the previous Base Fee amount. CH2M HILL will communicate to the City of Fayetteville of any funding issues by documentation in monthly reports. Should the actual expenditures exceed the total estimated annual expenditures by more than five percent (5%) in any year of this Agreement, approval will be obtained from the City of Fayetteville. In the event incurred costs under this Agreement may exceed the Base Fee denoted above, CH2M HILL will provide prompt notice to the City of Fayetteville of any potential budget impact. D.2 CH2M HILL will invoice and reconcile budgets in accordance with the following schedules: D.2.1 CH2M HILL will invoice a month in advance for the Direct Labor costs plus 15% markup in 12 monthly equal installments payable at the start of the month in which services are rendered. Actual labor costs will be reconciled within 30 days after the current contract year and City of Fayetteville will either be invoiced or refunded the difference. D.2.2 CH2M HILL will invoice a month in advance for the Fixed Management Fee in 12 monthly equal installments payable at the start of the month in which services are rendered. The Fixed Management Fee will be adjusted annually in relation to the Base Fee. D.2.3 CH2M HILL will invoice Direct Expense (non -labor) cost plus 10% the month after the costs are expensed. CH2M HILL will attempt to have all Direct Expense (non -labor) for the current budget year coded in the system within 90 days of the current contract year and will submit the final Direct Expense (non -labor) invoice to the City of Fayetteville by April 151}i of each year. If invoices are not received by the vendors during the close out period, then the costs will be invoiced under the current year contract. D.2.4 CH2M HILL will invoice Engineering Services the month after costs are incurred in accordance with the approved scope and budget approved by the City. D.3 In order to provide an incentive for CH2M HILL to operate in a manner that will result in actual costs below estimated cost, City of Fayetteville will pay CH2M HILL an additional fee when actual costs are below estimated cost. Said fee will be twelve and one-half percent (12.5%) of the amount of actual cost are below estimated cost. DA Cost Detail - The annualized estimated costs for calendar year 2023-2 are listed in Table D-1. Appendix D - 1 of 2 Client Cost Centers Direct Labor Labor Markup, 15% Direct Expense Expense Markup, 10% Fixed Fee Table D-1, Cost Detail WRRF WRRF East Side WRRF West Side WRRF Lab & IPP WRRF Lift Station WRRF Biosolids Management Operations Operations Program Maintenance Management Program Program Program Program Program 5100 5110 5120 5130 5140 5110 978 969 $947,092 $536,772 $312,710 $265,810 $740,644 146 845 $142,064 $80,516 $46,907 $39,871 $111,097 324 414 $1,195,552 $545,624 $139,276 $395,084 $606,441 32 441 $119,555 $54,562 $13,928 $39,508 $60,644 139 222 Appendix E - Page 1 of 4 Total Cost 2023 $3,781,997 567 300 $3,206,391 320 639 139 222 2022 Fayetteville Cost Centers LVRRF WRRF East Side WRRF WestSide WRRF Lab & WRRF Lift Station WRRF Biosolids Management Operations Operations Maintenance Management Program Program Program IPP Program Program Program Client Cast Centers 5100 5110 5120 5130 5140 5110 Direct Labor $911,752 $901,661 $491,676 $304,051 $252,539 $754,626 Labor Markup, 15% $136,760 $135,249 $73,751 $45,608 $37,881 $113,194 Direct Expense $275,084 $"1,019,817 $351,068 $125,026 $415,504 $886,878 Expense Markup, 10% $27,508 $101,982 $35,107 $12,503 $41,550 $88,688 Fixed Fee $133,271 Total Cost 2022 $3,616,285 $542,443 $3,073,377 $307,338 $133,271 Totals $i ANX5 $2,153,709 $951,602 $A87,197 $747,474 $1,943,386 $T, Z713 2021 Fayetteville Cast Centers LVRRF WRRF East Side WRRF West Side WRRF Lab & WRRF Lift station WRRF Biosolids Management Operations Operations Maintenance Management Total Cost2021 IPP Program Program Program Program Program Program Client Cost Centers 5=00 5110 512D 5130 5140 5110 Direct Labor W5,254 $962,341 $414,573 $284,805 $217,434 $714,294 $3,428,701 Labor Markup, 15% $125,288 $144,351 $62,186 $42,721 $32,615 $107,144 $514,305 Direct Expense $252,434 $"1,279,303 $347,396 $121,116 $415,743 $553,881 $2,970,872 Expense Markup, 10% $25,243 $L27,930 $34,740 $12,112 $41,674 $55,388 $297,087 Fixed Fee $128,085 $128,085 Totals $1 366,303 $2,513,926 $958,894 $46%753 $708,466 ^S1, W,707 $7,339,051 Appendix E - Page 2 of 4 WRRF WRRF East Side WRRF West Side WRRF Lab & WRRF Lift Station WRRF Biosolids Management Operations Operations Maintenance Management Total Cost 2022 IPP Program Program Program Program Program Program Client Cost Centers 51 00 5110 5120 5130 5140 5110 Direct Labor $911,732 $901,661 $491,676 $304,051 $252,539 $754,626 $3,616,285 Labor Markup, 15% $136,760 $135,249 $73,751 $45,608 $37,881 $113,194 $542,443 Direct Expense $275,084 $1,019,817 $351,068 $125,026 $415,504 $835,087 $3,021,586 Expense Markup, 10% $27,508 $101,982 $35,107 $12,503 $41,550 $83,509 $302,159 Fixed Fee $132,239 _ _ _ _ _ 132 239 Totals 1 366 304 $2,158,709 858 895 $4kQ.,754 747 474 $1,786,416 $7,614,711 Fayetteville Cost Centers WRRF WRRF East Side WRRF West Side WRRF Lift Station WRRF Biosolids WRRF Lab &IPP Total 2022 Change Management Operations Operations Maintenance Management Program Program Program Program Program Program Client Cost Centers 5100 5110 5120 5130 5140 5110 Direct Labor 7.37% 5.04% 9.17% 2.85% 5.26% -1.85% 4.58% Labor Markup, 15% 7.37% 5.04% 9.17% 2.85% 5.26% -1.85% 4.58% Direct Expense 17.93% 17.23% 55.42% 11.40% -4.91% -27.38% 6.12% Expense Markup, 10% 17.93% 17.23% 55.42% 11.40% -4.91% -27.38% 6.12% Fixed Fee 5.28% 5.28% rntalc R Sa0/ in 71 o/ 71 RaO/ S nno/ _n Q70/ _17 970/ S 7A0/ Appendix E - Page 3 of 4 Client Cost Centers Direct Labor Labor Markup, 15% Direct Expense Expense Markup, 10% Fixed Fee Is Fayetteville Cost Centers WRRF WRRF East Side WRRF West Side WRRF Lift Station WRRF Biosolids WRRF Lab & IPP Management Operations Operations Maintenance Management Program Program Program Program Program Program 5100 5110 5120 5130 5140 5110 8.39% -6.73% 15.68% 6.33% 13.90% 5.34% 8.39% -6.73% 15.68% 6.33% 13.90% 5.34% 8.23% -25.44% 1.05% 3.13% -0.30% 37.55% 8.23% -25.44% 1.05% 3.13% -0.30% 37.55% 3.89% 7.95%-16.46% 9.74% 5.43% 5.22% 22.39% Appendix E - Page 4 of 4 Total 2022 42.92% 42.92% 24.21 % 24.21 % 3.89% Appendix E LOCATION OF PROJECT E.1 CH2M HILL agrees to provide the services necessary for the management, operation and maintenance of the following: E.1.1 All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Noland Water Resource Recovery Facility located at: 1400 North Fox Hunter Road Fayetteville, Arkansas 72701 E.1.2 All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's West Side Water Resource Recovery Facility located at: 15 South Broyles Avenue Fayetteville, Arkansas 72704 E.1.3 All equipment, grounds, and facilities now existing within the present fenced boundaries of wastewater lift stations described as follows: SCADA NODE LOCATION Generator Site Maintenance Only WWI 978 E Zion Rd Lowe's — Zion PS YES WW2 3500 E Mission Blvd Timbercrest PS YES WW4 691 W Poplar St (Poplar PS - ABANDONED YES WW5 3896 N GreggAve(GreggAve PS YES WW6 3021 N Old Wire Rd Old Wire PS NO WW7 2065 N Sunshine Rd Hamestrin PS YES WW8 729 W North Street(North Street PS —ABANDONED YES WW9 1236 N Porter Rd Porter Rd PS —ABANDONED YES VPA41 4412 W 6th Street East PS ABANDONED)- YES (Farmington WW12 571 N Double Springs Road (Farmington West PS YES WW13 878 S Dead Horse Mountain Rd Stonebrid e PS YES WW14 1820 S Armstrong Ave Industrial Park PS YES WW16 518 W Ernest Lancaster Dr (Airport North PS YES WW18 210 N Sand Greenland PS YES WW19 5716 E Norman Murphy Rd (Mally Wa non PS YES 8 YES WW22 630 N Double Springs Rd Owl Creek PS YES WW24 265 W Ernest Lancaster Dr (Airport East PS YES Appendix E - Page 1 of 4 SCADA NODE LOCATION Generator Site Maintenance Only WW25 551 W Aster Ave Willow West PS - Farmington) YES WW27 1031 River Meadows Dr Stonebrid e Meadow Phase I PS YES WW28 1603 Plantation Ave (Heritage Village PS YES WW29 390 N Cato Springs Rd Bohannan PS - Greenland YES WW32 478 N Durango Place Silverthorne PS YES WW33 4644 N Crossover Rd Stonewood PS - Copper Creek) YES WW34 4572 S School Ave (Airport South PS YES WW35 3083 W MLK Blvd Lowe's — 6th St PS YES WW36 1642 N Willowbrook Dr (Skyler Place PS YES WW37 3848 W Edgewater Dr Clabber Creek PS - ABANDONED YES WW38 3710 E Zion Rd (Copper Creek Phase II PS YES WW39 2392 N Kenswick Ave Crofton Manner PS YES WW40 1811 S Cherry Hills Dr Stone Bridge Meadow Phase II PS YES WW41 1608 S S rin lake Dr Crescent Lake PS YES WW44 6061 Dot Tipton Rd (Legacy Pointe Phase 4 PS NOYES WW45 4451 N Waterside Ct Timberlake Office Park PS YES WW46 3788 E Spyglass Hill Dr Stonebrid e Meadows Phase V PS YES WW47 3601 E Albright Rd(Embry Acres PS YES WW48 2435 S Dead Horse Mountain Rd McDonald PS YES WW49 3393 E Goff Farm Rd Meadows PS YES WW52 485 N Broyles Ave (Broyles Ave PS YES WW53 1396 Zion Rd Office Park PS YES WW55 461 N. Tacoma St. (Farmington Heights) YES WW56 6111 South H w 71 West Fork PS YES WW57 n PPRESS (Broyles Seu4h RS) 270 S Broyles Ave (Broyles South PS YES WW58 1618 N Dawes St (Woodridge PS YES WW59 ADDRESS to be determined (Wagon Wheel PS YES WW60? Cadence Ride ETA? E.1.4 All equipment, grounds, and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Biosolids Management Site located east of the Noland Water Resource Recovery Facility across the White River. E.1.5 All equipment, grounds, and facilities associated with or being used to complete routine operation and maintenance activities for the City of Fayetteville's Mitigated Wetlands Site now existing within the present property boundaries located north of the West Side Water Resource Recovery Facility and other mitigation / environmentally protected areas as mutually agreed to by both parties. Appendix E - Page 2 of 4 E.1.6 The potable water SCADA system at the following locations: SCADA NODE LOCATION DESCRIPTION W 1 215 W 24th St South Mountain Pump Station W2 844 N Crossover Rd (Hyland Park Pump Station W4 1016 E Ash St Pump Station W5 707 E Rogers Dr Pump Station and 2 Ground Stora e Tanks W6 456 E Baxter Ln Ground Storage Tank 2 each W8 133 N Sang Ave Pump Station and Elevated Storage Tank W9 1170 E South Skyline Dr Elevated Storage Tank Mt. Se uo ah W 10 1044 E Township Rd Elevated Storage Tank W 11 3280 W Judge Cummins Rd Ground Storage Tank 2 ea Kessler Mountain W12 7001 E Mission (Highway 45 Valve Pressure -Reducing Valve Station W13 1589 Fire Tower Road Goshen Pump Station and Ground Storage Tank W 14 17301 Lake Se uo ah Rd Round Mtn Pump Station W 15 14360 Round Mt Comm Church Rd Stand Pipe County Rd #55 Round Mountain W 16 22032 Fire Tower Rd County Rd 4343 Stand Pie Benson Mountain W 17 3265 N Gulley Rd Elevated Storage Tank W 18 3788 N Gulley Rd Pump Station W19 3370 S Coach Rd Pump Station W20 2098 Woodcliff Rd (Springdale) Surge Tank W21 2210 N Old Wire Rd Valve W22 2800 N Old Missouri Rd Flow Meter W23 3385 N Par Ct Valve W24 3023 E Joyce Blvd Valve W25 2567 E Robinson (Springdale) Pressure Sustaining Valves W27 17385 Blue Springs Rd Goshen Pump Station W28 17970 Lake Se uo ah Rd Pump Station W29 Beaver Water District SCADA Interface W30 1195 N. Canteb Rd Canteb Tank Elevated Storage Tank W31 2903 E. Flagstone Cir Stonemountain Pump Station W32 Blue Springs Road Valve & Flowmeter W33 New PSCaseyLane TgDPurnp Station 3302 W Dinsmore Trail Millsap Tower MTROB 12141 Ed Edwards Rd Mt. Robinson Tower Site Appendix E - Page 3 of 4 E.1.7 Provision and maintenance of Remote Terminal Units (RTU) at the following sites located in the City of Elkins, Arkansas: SCADA NODE LOCATION DESCRIPTION EWW1 7500 E. Huntsville Road Wastewater Lift Station EW1 1800 S. Van Hoose Drive Ground Storage Potable Water Tank E.1.8 Maintenance of the odor control system in the collection system associated with the following lift stations: LOCATION # OF CANISTERS LS #6 - 3021 N Old Wire Rd Old Wire 5 LS #7 - 2065 N Sunshine Rd Hamestrin 7 LS #12 - 571 N Double Springs Road (Farmington West 8 LS #22 - 630 N Double Springs Rd Owl Creek 2 LS #52 - 485 N Broyles Ave (Broyles Ave 2 Appendix E - Page 4 of 4 Appendix F ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS F.1 CH2M HILL will operate Project so that effluent will meet the requirement of NPDES permit No. AR0020010 and AR0050288. CH2M HILL shall be responsible for meeting the effluent quality requirements of City of Fayetteville's NPDES current permits unless one or more of the following occurs: The Project influent does not contain Adequate Nutrients to support operation of Project biological processes; Contains Biologically Toxic Substances which cannot be removed by the existing process and facilities; The influent flow, influent BOD5, and/or suspended solids exceeds the Project design parameters which are: Noland WRRF West Side WRRF Maximum Annual Maximum Average Monthly Average Monthly Average Average Flow MGD 12.6 18.8 10.0 17.8 BOD lbs/d 29,666 44,264 14,595 18,853 TSS (lbs/d) 23,198 34,613 14,595 18,853 F.2 In the event any one of the Project influent characteristics, suspended solids, BOD5, or flow, exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the characteristics required by the NPDES permit in accordance with the following schedule after Project influent characteristics return to within design parameters. Characteristics Exceeding Listed Parameters By Recovery Period Maximum 10% or Less 5 days > 10% but < 20% 10 days 20% and Above 30 days Notwithstanding the above schedule if the failure to meet effluent quality limitations is caused by the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent, then CH2M HILL will have a thirty (30) day recovery period after the influent is free from said substances or contains Adequate Nutrients. F.3 CH2M HILL shall not be responsible for fines or legal action as a result of discharge violations within the period that influent exceeds design parameters, does not contain Adequate Nutrients, contains Biologically Toxic Substances (that exceed process inhibiting levels or creates concentrations exceeding application or discharge limitations), and the subsequent recovery period. Appendix F - 1 of 2 FA The estimate Costs for services under this Agreement are based upon the following Project characteristics: Annual Noland West Side Average WRRF WRRF Flow MGD 5�. 5.94 9:-44 9.47 BOD lbs/d c�9 16,690 12,818 TSS lbs/d 8-5i6 9,919 T�4 13,559 The above characteristics are the actual twelve (12) months average July through June prior to the date services are first provided under this Agreement. Any change of 10 percent (10%) or more in any of these characteristics, based upon a twelve (12) month moving average, may constitute a change in scope. F.5 The current applicable environmental permits are as follows: Permit AFIN No. Permit No. Expiration Date NPDES — Noland 72-00781 AR0020010 12/31/2022 NPDES - West Side 72-01033 AR0050288 11/30/2010 No Discharge Permit — Biosolids 72-00829 4748-WR-4 12/31/2025 Management Site Air — Hamestrin 72-01873 2179-A N/A Air - West Side 72-01033 2178-A N/A Air Noland 72-00781 2327-A-REG315 Registration Only Stormwater No Exposure Certification 72-00781 ARROOC377 6/30/2024 (NEC)— Noland Stormwater No Exposure Certification 72-01033 ARR000390 6/30/2024 (NEC)- West Side Appendix F - 2 of 2 Appendix G INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM G.1 CH2M HILL shall: Administer the Industrial Pretreatment Program in accordance with 40 CFR 403. Administration shall include: G.1.1 Maintain the industrial waste sampling and analysis program for pretreatment and surcharge, as described in G.3. This shall include an annual evaluation of the program and notification to the City of Fayetteville of changes in Federal and State pretreatment standards that may affect the Program. G.1.2 Conduct a survey of the industrial user base one time every three (3) years to identify new, or significant, industrial users in Fayetteville and in cities with which Fayetteville has inter jurisdictional agreements for waste treatment. Update, as required the list of current Significant Industrial Users (SIU's) according to the definition of SIU in 40 CFR 403 or the definition in the approve pretreatment program, whichever is more stringent. G.1.3 Monitor the compliance status of the current Significant Industrial Users (SIU's) through sampling, analysis, inspection, and record reviews. Each SIU shall be sampled and inspected at the frequency established in 40 CFR 403 or the City of Fayetteville's approved implementation manual, whichever is more stringent. Recommend appropriate enforcement action to City of Fayetteville G.1.4 Maintain the laboratory analysis program for each SILT. Results of all industrial sampling and testing shall be reported to the City of Fayetteville as required, in a timely manner G.1.5 Implement the approved industrial permitting system. Prepare SIU permits for issuance or renewal within 90 days of the expiration date or within 180 days after the industry has been determined to be a SIU. G.1.6 Receive, review and act upon reports and notification from industrial users. G.1.7 Notify the City of Fayetteville as soon as is practical but no later than three (3) business days, verbally and followed by written confirmation, whenever an industry is suspected of violating, or has violated the City of Fayetteville's industrial waste and/or sewer ordinances. Prepare notice of violations and other enforcement documentation for City of Fayetteville signature in accordance with the Enforcement Response Plan in the State approved Industrial Pretreatment Program. G.1.8 Track, determine, and publish industrial users in significant noncompliance. G.1.9 Draft new, revised, and renewal industrial waste discharge permits for the SIU's for City of Fayetteville signature. G.1.10 Assist City of Fayetteville with review and revision of the sewer use ordinances, the pretreatment program, and inter jurisdictional agreements. Local limits evaluation, if requested, may be provided as an out of scope service. The costs of such evaluation will be determined and negotiated at the time of the request. Advise the City of Fayetteville of changes in federal and State Pretreatment Standards and regulations and how the changes affect the local program. Request approval from the City of Fayetteville and the Approval Authority prior to implementing significant changes to the approved Program in accordance with 40 CFR 401.19 (C). Appendix G - 1 of 2 G.1.11 Prepare for City of Fayetteville signature of the Industrial Pretreatment annual report for submittal. G.1.12 Maintain all industrial monitoring records for at least five (5) years. G.1.13 Maintain open communication with the SIU's. G.2 Significant costs due to new or changed Federal, State or local regulations shall cause a discussion of change in contract scope. G.3 Industrial Waste Dischargers and Monitoring Program in City of Fayetteville, AR: Industry Parameters Analyzed ConAgra Foods Packaged Foods, LLC (Conagra) Biochemical oxygen demand, total 1100 W, 15`h Street suspended solids, phosphorus, pH, oil & Fayetteville, AR 72701 grease Custom Powder Coating Services, Inc. Cadmium, chromium, copper, lead, 1629 W. Farmington St. nickel, silver, zinc, cyanide Fayetteville, AR 72701 Elkhart Products Corporation Chromium, copper, lead, nickel, zinc, oil 3265 Highway 71 South &grease Fayetteville, AR 72701 Hiland Dairy Company Biochemical oxygen demand, total 301 E. 15' Street suspended solids, phosphorus, pH, oil & Fayetteville, AR 72701 grease Marshalltown Company Cadmium, chromium, copper, lead, 2200 Industrial Drive nickel, silver, zinc, cyanide Fayetteville, AR 72701 Tyson Mexican Original, Inc. Biochemical oxygen demand, total 2615 S. School suspended solids, phosphorus, pH, oil & Fayetteville, AR 72701 grease Ecotech Consumer Products TSS, cadmium, chromium, copper, lead, 1901 East Boric Drive nickel, silver, zinc, cyanide, mercury Fayetteville, AR 72701 Appendix G - 2 of 2 Appendix H VEHICLE AND MOBILE EQUIPMENT DESCRIPTION (ROLLING STOCK) Unit # Unit Description Location Year 325U2 Ford F350 Super Duty, Reg. Cab Biosolids Management Site 2000 376 Paul R. Noland Bieselids 2012 Ford F550 Super Duty/Crane, Crew Cab Management 382 West Side -Bieselids 2015 Ford F550 Super Duty/Crane, Crew Cab Management 387 Ford F-350, Flatbed Paul R Noland 2016 388 Ford F-350, Flatbed Biosolids Management Site 2016 696 Caterpillar 420E Backhoe Paul R Noland 2012 748U Freightliner M2-112 Dump Tandem Axle Biosolids Management Site 2006 751U Sterling LT9500 Semi Tractor Biosolids Management Site 2006 766 Kenworth T800 Semi Tractor Biosolids Management Site 2011 768 Kenworth T470 (Spreader) Biosolids Management Site 2012 770 Kenworth T800 Semi Tractor Biosolids Management Site 2013 771 Kenworth T800 Semi Tractor Biosolids Management Site 2013 786 Kenworth T800 Semi Tractor Biosolids Management Site 2018 818 Caterpillar P5000LP Forklift West Side 2008 910 Trailer Paul R Noland 1987 927 Parker 24' Gooseneck Trailer Biosolids Management Site 1991 966 P.J. Trailer, 18FT Biosolids Management Site 1996 969 LO-Boy 25T-36FT Trailer Biosolids Management Site 1996 1274 Chevrolet Equinox West Side 2014 2101U 2006 Ford F150 Paul R Noland 2006 2156 Chevy Colorado, 4X4 Paul R Noland 2012 5001 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5002 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5012 Ford/NH 4X4 T6030 Loader Tractor Biosolids Management Site 2009 5022 Case Maxxum 125 4X4 Loader Tractor Biosolids Management Site 2011 5024 R&R 35' Manure/Litter Conveyor Biosolids Management Site 2011 5025 R&R 35' Manure/Litter Conveyor Biosolids Management Site 2011 5034 Rhino R180 Cutter Biosolids Management Site 2012 5057 Ford/NH Workmaster 55 4X4 Tractor Biosolids Management Site 2015 5058 Ford/NH T6.155 4X4 Loader Tractor Biosolids Management Site 2015 5059 John Deere 615D 4X4 Loader Tractor Biosolids Management Site 2015 5070 Meyer Spreader Biosolids Management Site 2016 5072 New Holland 14ay D .L Bies lids Management Si 24P 5084 New Holland Roll Belt 450 Rounder baler Biosolids Management Site 2018 5086 NH Protedd 3417 Biosolids Management Site 2018 Appendix H - 1 of 2 5087 Wylie LCS Trailer Sprayer Biosolids Management Site 2018 5089 New Holland Roll Belt 450 Round baler Biosolids Management Site 2019 5095 New Holland Speed Rower (swather) Biosolids Management Site 2019 5096 John Deer 630 MOCO Biosolids Management Site 2019 6000 John Deere Articulated Loader Biosolids Management Site 2012 6037 Bobcat 5770 Skid steer Biosolids Management Site 2020 911 lu Clement Star-Lite Trailer (Replaced) Biosolids Management Site 2009 9124 Thompson 6" Diesel Power Pump/Trailer Paul R Noland 2009 9142 Aulick 42' Belted Trailer Biosolids Management Site 2011 9165 Clement Star-lite Trailer (Replaced) Biosolids Management Site 2013 9166 Clement Star-lite Trailer Biosolids Management Site 2013 9193 Clement Starlite End Dump Trailer Biosolids Management Site 2015 9223 Godwin 6" Portable Pump Biosolids Management Site 2016 9227 Clement Starlite End Dump Trailer Biosolids Management Site 2016 9239 Genie S-45 Man Lift Biosolids Management Site 2017 9241 Clement Starlite End Dump Trailer Biosolids Management Site 2017 9250 Unicarriers 50 Forklift Paul R Noland 2017 Parkson Electronic Mole — Billy/Trick Biosolids Management Site 2011 Parkson Electronic Mole — Cricket Biosolids Management Site 2011 Parkson Electronic Mole — Goofy Biosolids Management Site 2011 Parkson Electronic Mole — Jurgens Biosolids Management Site 2011 Parkson Electronic Mole — Tiny Tim Biosolids Management Site 2011 Parkson Electronic Mole — Loenneke Biosolids Management Site 2011 Parkson Electronic Mole — Billy Biosolids Management Site 2011 Portable Generator for Lift stations Paul R Noland 2005 9280 Clement Star-Lite End Dump Trailer Biosolids Management Site 2021 9283 Clement Star-Lite End Dump Trailer Biosolids Management Site 2021 5124 New Holland Rake Biosolids Management Site 2022 9308 Anderson RBM 2000 BBiosolids Management Site 01MON Appendix H - 2 of 2 Appendix I BASE FEE AND FIXED MANAGEMENT FEE ADJUSTMENTS I.1 The Base Fee adjustment formula is as follows: Where: ABF = BF x (1 + AF) BF = Base Fee specified in Appendix D ABF = Adjusted Base Fee AF = Adjustment Factor as determined by the formula: AF = .5 (ECI + CPI) ECI = The twelve month percent change (from the third quarter of the prior year to the third quarter in the current year) in the Employment Cost Index for Total Compensation for Civilian Workers, Not Seasonally Adjusted as published by U. S. Department of Labor, Bureau of Labor Statistics in the Detailed Report Series ID: CIU1Ol0000000000A. CPI = The twelve month percent change (from October of the prior year to October of the current year) in the Consumer Price Index for All Urban Consumers, Not Seasonally Adjusted as published by U.S. Department of Labor, Bureau of Labor Statistics in the CPI Detailed Report Series Id: CUUROOOSAO. I.2 Fixed Management Fee adjustment The Fixed Management Fee will be adjusted annually directly proportional to the base fee costs. Appendix I - I of I Appendix J SAMPLE OF MONTHLY REPORTS CH2M HILL will provide the City of Fayetteville with 64monthly reports detailing operations and costs for the previous month. 1. Report 1 is a word/pdf document. The report is a narrative detail of the monthly operations of the WRRF's, BMS, and the Woolsey Wet Prairie. 2. Report 2 is an excel document that compares actual expenses to the budget in Table D-1, Cost Detail. The report will include the annual totals tab, a tab for each month, and an overall reconciliation tab. Below is a snapshot of an example annual tab:. JAC NM Client Monthly Financial Report evm„ 3. Report 3 is an excel document that lists all of the non -labor expenses for the month. The data included in the report consists of- a. A pivot table tab enabling quick viewing of costs by major category per cost center. b. An hours tab showing the total hours worked each month split into regular time and overtime: Example Total Hours Worked XXXXX Regular Hours XXXXX Overtime Hours XXXXX c. A non -labor tab listing each expense with the following detailed columns: • Project Number, Provider GL Period Name, Item Date, Expenditure Type, Expenditure Category, Task Number, Task Name, Employee/Supplier, Project Cost, Comment, Invoice Number, Cost Center Lookup, and Task Lookup Project Provider GL Item Expnd Type Expnd Category Task Task Name Employee/ Project Comment Invoice Cost Center Task Period Name Date Supplier Cost Number Lookup Lookup Misc. WRRF BIOSOLID Biosolids 659031CH JAN-FY2019 7/1/2019 Miscellaneous Reimbursables 31.WW.BS.05 FAYETBIOSOLIDS Example $ *Fed Ex 12345 MANAGEMENT Drying PROG 4. Monthly Year to Date Non -Labor Forecast Report. 4.5. Elkins BOD Loading Report: Detail of Noland BOD loading in pounds / day and as a percent of design -5-.6. CIP status report Appendix K CH2M HILL TRAVEL POLICY K.I CH2M HILL shall follow its travel policy when traveling for business related to this agreement. A copy of the policy will be available on request. JCI Industries, Inc. 1161 SE Hamblen Rd. Lee's Summit, MO 64081 Tel: 816-525-3320 Thursday, October 13, 2022 Quote #: 0800217079K_D_Rev1 1.00 Lightnin LAT-160 Mixer Rebuild $101,651.00 Findings: • Pinion Gear and Bevel gears are pitted and damaged • The low speed gear has some surface corrosion but can be cleaned and reused • The low speed pinion shaft is pitted • The upper shaft is damaged and pitted at the bearing and seal areas • Oil was leaking out of the main housing at the lower seal off the low speed shaft • Tapered shaft sleeves are worn and loose on the shaft when received • The following bearing fits are out of OEM spec: o Low Speed Housing's lower bearing fit o Pinion Bearing Housing's inner and outer bearing fits o High Speed Housing's upper bearing fit o Upper Member Housing's bearing fit o Floating Bearing housing's fit Work Scope: • Machine prep, sleeve and finish machine the bearing housing bearing fits noted above • Spray and machine low speed shaft at bearingjournals • Clean and assemble with the new components • Apply industrial enamel to the exterior ■ Prep for shipment Replace the following parts: • 190858PSP - Key (1 x 3/4 x 4 5/16) - $117 • 206979PSP - Low speed spacer - $1,387 • 115444PSP - Oil Seal - $257 104665PSP - Hex socked set screw (2) - $83 • 119740PSP - Bevel gear set - $26,097 • 206983PSP - Shaft sleeve (4.75 x 3.9 x 2.5) - $1,075 206981 PSP - Spacer - $138 • 125507VEL - Gasket - $40 • 202323PSP - Flexible coupling seal (2) - $215 • 202285PSP - Gasket - $254 -meow JCI Industries, Inc. 1161 SE Hamblen Rd. Lee's Summit, MO 64081 Tel: 816-525-3320 Thursday, October 13, 2022 Fayetteville AR, City of 113 West Mountain Fayetteville, AR 72701 Phone: 479-575-8284 Fax: 479-575-8257 Attention: Josh Alleman Subject: Lightnin LAT-160 Mixer Rebuild Quotation #: 0800217079K_D_Rev1 Please refer to this number when ordering Josh Alleman: JCI Industries, Inc. would like to thank you for the opportunity to provide a proposal on the above referenced service. We appreciate the opportunity to provide our equipment and services. Please contact us if you have any questions regarding this offering. Thank you. Best regards, /;rug Z2eW Kevin Dick Applications Engineer JCI Industries, Inc. Jason Rector Sales Engineer JCI Industries, Inc. 202355PSP - Flexible coupling packing ring - $270 ■ 117036PSP - Spherical roller bearing (2) - $2,341 • 115405PSP - Oil seal (2) - $308 • 113962PSP - Nut - lock and washer (2) - $527 • 138777STL - Solid adapter sleeve (6.66 x 7.75 x 2) (2) - $964 • 113986STL - Split adapter sleeve (6" shaft x 7.5) (2) - $3,358 • 117035PSP - Spherical roller bearing - $2,336 • 221531 PSP - Level 1 Repair kit - $12,719 • 112917PSP - Thrust plate - $366 Broken Out Pricing: Parts Subtotal: $52,852 Labor Subtotal: $48,799 Terms & Conditions Lead Time 12-14 Weeks After Payment Terms Net 30 Receiving Order Shipping Method Best Way Shipping Terms Prepaid and Added to Invoice F.O.B. Warehouse Due to current market conditions, please confirm pricing at point of order. JCI Industries, Inc. 1161 SE Hamblen Rd. Lee's Summit, MO 64081 Tel: 816-525-3320 STANOARO TERMS OF SALE, 1. ADDlicable Terms. These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Seller's purchase order, quotation, proposal, or acknowledgment, as the case may be ("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms_ Seller rejects all additional or different terms in any of Buyers forms or documents. 2, Payment. Buyer shall pay Seller the full purchase price as set forth in Sellers Documentation. Unless Sellers Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller Pricing will be reviewed upon the announcement of any tariffs pertaining to the importation or exportation of key components, or products In their entirety. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 112% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Sellers reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. 3. Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Sellers Documentation. 4. OvJhershlp of Materlat All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Sellers property. Seller grants Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. Chanzes. Seller shall not implement any changes in the scope of work described in Sellers Documentation unless Buyer and Seller agree in writing ,.d lc ..tL cr ,I ...odific—Mons This includes o changes n shared hN a iv the uciai5 G u is �„ iigc a„ -i^,y resulting pr���� �",�..0 ��� ��� �.,�,��,.�.....� , � �.,,.,,.,..�,,, ..� This �....� �..,..,�� � ., o �,_`___-,...�., � change in applicable law occurring after the effective date of any contract including these terms. 6. Warranty. Subject to the following sentence, Seller warrants to Buyer that the Equipment shall materially conform to the description in Seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller small have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer gives Seller prompt written notice of breach of this warranty within 18 months from delivery or 1 year from acceptance, whichever occurs first (the "Warranty Period"), Seller shall, at its sole option and as Buyers sole remedy, repair or replace the subject parts or refund the purchase price therefor, If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller Its then customary charges for any repair or replacement made by Seller. Sellers warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller. Seller's warranty does not cover damage caused by chemical action or abrasive material, misuse, or improper installation (unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. Indemnity. Seller shall indemnify, defend, and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third - party claims for personal injury, death or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim, Sellers indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim, 8. Force Ma cure, Neither Seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such party's reasonable control. Seller shall not be responsible for any failure to PC. .form_ 0.Cr1c.,_-.C„ of ,. frCM ,hC rnrnn_, n pa,�demir nr ay fi,rnro onidernir ar rd B Ivor shall not hP PnrirlPri Yn any damages resulting thereof.- 9. Cancellation. If Buyer cancels or suspends its order for any reason other than Sellers breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension. 10, L1MITAI IOFJ ❑F 1_IA6lLf.T NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT, THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY., 11. Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be Included, These terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyer's documents, unless separately signed by Seller No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect Buyer may not assign or permit any other transfer of the Agreement without Seller's prior written consent The Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions,. 12, CrLld; If at any time information available on Purchasers financial condition or credit history, inJCI's judgment, does not justify the terms of payment specified herein, JCI may require full or partial payment in advance, or an acceptable for of payment guarantee such as a bank letter of credit, or other modifications to terms of payment. 13. Back Charges: _Cl shall not be liable for any charges incurred by Purchaser for work, repairs, replacements, or alterations to the Products, without JCI's prior written authorization, and any adverse consequences resulting from such unauthorized work shall be Purchasers full responsibility. AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And HORNER & SHIFRIN, 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 HORNER & SHIFRIN, 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. 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 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. 3.1.6 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 $84,700. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a unit price, not -to -exceed 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 Draft Standard Contract - Professional Engineering Services.doc 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 Draft Standard Contract - Professional Engineering Services.doc 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. Draft Standard Contract - Professional Engineering Services.doc 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. Draft Standard Contract - Professional Engineering Services.doc 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 Draft Standard Contract - Professional Engineering Services.doc 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: Street City, State Zip Code Draft Standard Contract - Professional Engineering Services.doc 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 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 Draft Standard Contract - Professional Engineering Services.doc 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 Draft Standard Contract - Professional Engineering Services.doc 9 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, A.RKANSAS 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, AR.KANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk HORNER & SHIFRIN, INC. Digitally signed by Christina F. Willson DN: C=US, E_"ItIlsonghontershitrin.com, Christina F. Willson 0="Horner&ShiGin, Inc.", OU=Water, CN=Christina F. Willson B v, Date: 2022.11.04 09:30:06-05'00' ,P.E. Title: Assoc. Vice -President, Asst. Regional Mgr. END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Draft Standard Contract - Professional Engineering Services 10 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. �1 Horner & Shifrin Fayetteville Dot Tipton Lift Station Elimination Project 3 November 2022 Page 1 Appendix A Scope of Services 1. General This project involves the elimination of the Dot Tipton Lift Station (LS-44) in southwest Fayetteville. LS-44 will be decommissioned, and new gravity sewer main will be constructed south of the lift station then follow the alignment of existing force main along Goose Creek. Connection to an existing manhole (SSM-13950) will be made allowing for wastewater to flow to Sewer Lift Station #12. Total new gravity sewer main is approximately 4,200 feet. Scope will include surveying, environmental services, design, easement obtainment, and creation of final drawings, specifications and bid documents. Bidding and construction management will be addressed at a later date with an addendum to this agreement. 2. Project Management The ENGINEER will provide a project management plan including scope, team, schedule, communication plan, and deliverables. Monthly invoicing and project status updates will be provided to the CITY OF FAYETTEVILLE. Prior to beginning work, a project kickoff meeting between the ENGINEER and CITY OF FAYETTEVILLE will be conducted. ENGINEER will attend review meetings with CITY OF FAYETTEVILLE for submittals provided. The ENGINEER will provide meeting minutes to the CITY OF FAYETTEVILLE to document items discussed at each meeting. ENGINEER will coordinate with subconsultants and review invoices prior to submittal for payment. 3. Surveys and Geotechnical ENGINEER will gain access with landowner coordination and complete a detailed 50' wide topographic survey along the proposed route. Records research, field research, and boundary resolution will be completed, and exhibit maps will be produced to include right-of-way, easements, and temporary construction easements required. As necessary, borings will be taken with rock soundings to a target depth of 20 feet or until materials resulting in auger refusal are encountered, whichever is less. Groundwater depth will also be noted. A written statement of findings will be provided with site description, detailed evaluation of subsurface conditions, groundwater, and dept of in -situ rock materials. Work will be performed by a subconsultant to Horner & Shifrin. Costs will be invoiced to the CITY OF FAYETTEVILLE with a 10% markup. 4. Environmental Services ENGINEER will assess the following requirements for the projects and secure permits, documentation, and waivers as required: SAINT LOUIS, MO • BENTONVILLE, AR • CHICAGO, IL • EDWARDSVILLE, IL • O'FALLON, IL • O'FALLON, MO • POPLAR BLUFF, MO • ST. CHARLES, MO �1 Horner & Shifrin Fayetteville Dot Tipton Lift Station Elimination Project 18 July 2022 Page 2 Stormwater Pollution Prevention Plan and stream crossing authorization from the Arkansas Department of Environmental Quality 5. Preliminary Design (60%) Preliminary design drawings including cover sheet, general notes, plan and profile maps and water profiles (1" = 20' full size scale) will be developed. Opinion of probable construction cost estimates will also be prepared. Documents (electronic pdfs and one set of half-size drawings) will be provided to the CITY OF FAYETTEVILLE for review and comment. 6. Final Design Upon approval of the preliminary design by the CITY OF FAYETTEVILLE, the ENGINEER will continue with the 90% design. This will include construction plans, technical specifications, bid - ready documents, and an updated opinion of probable construction cost. A complete set will be provided to the city for final review, and any comments will be incorporated into the final design. The ENGINEER will provide one (1) hard copy of the final design with half -sized drawings and electronic pdf copy. The ENGINEER will coordinate approval from the Arkansas Department of Health (ADH) and provide the $200 review fee. 7. Easements and Property Acquisition The ENGINEER will provide necessary easement documents to the CITY OF FAYETTEVILLE for acquisition by the CITY OF FAYETTEVILLE. 8. Bidding Services Not used — Bidding services may be provided with a future contract amendment. No work will be completed without written authorization from the CITY OF FAYETTEVILLE. 9. Construction Administration Not used — Construction administration may be provided with a future contract amendment. No work will be completed without written authorization from the CITY OF FAYETTEVILLE. 10. Excluded Items The following items are not included under this agreement and will be considered additional work requiring a change order: A. Redesign due to changing conditions that occur after approval of work provided. B. Additional submittals or deliverables not listed in this Scope of Services. C. Materials testing. D. Additional environmental services beyond those listed in Section 4. E. Legal and litigation services. F. Any additional permits or approvals required beyond those listed in this Scope of Services Horner & Shifrin Fayetteville Dot Tipton Lift Station Elimination Project 18 July 2022 Page 3 11. Schedule ENGINEER will begin work included in this Scope of Services within ten (10) days of Notice to Proceed from the CITY OF FAYETTEVILLE. Schedule shall proceed as outlined below: Surveys and Geotechnical Preliminary Design 90% Design Final Design 12. Fee 60 days from start date 60 days from surveys and geotechnical 60 days from approval of Preliminary Design 20 days from 90% Design Review by City Project fees related to this Scope of Services is presented below: Project Startup $ 2,145.49 Existing Conditions Survey, Geotechnical & Easements (Subcontracted) $34,496.00 Review of Subcontracted Work $ 4,245.66 Environmental $ 1,487.00 Preliminary Design $25,649.06 90% Final Plans and Specifications $12,019.07 Final Plans and Bid Documents $ 3,565.86 Reimbursable Expenses $ 1,056.00 Total $ 84, 700.00 Horner & Shifrin will complete work outlined in this Appendix A for the unit price, not -to -exceed amount of $84,700. Current hourly rates are attached. The Engineer shall be permitted to update billing rates on January 1 and July 1 of each calendar year. The CITY OF FAYETTEVILLE will pay ENGINEER on a monthly basis, based upon invoices submitted by ENGINEER to the CITY OF FAYETTEVILLE for the scope of services described in this agreement. Payments not received within 60 days of invoice date will be subject to a one percent monthly interest charge. �1 Horner & Shifrin / Fayetteville Dot Tipton Lift Station Elimination Project 3 November 2022 Page 4 Fayetteville Dot Tipton Lift Station Elimination Plarm ing and Design 1',epared By. RJM Labor Classification LABOR: McCleish James 1 Mills n Willson, Christina 1 Jac uo Brid ett Diggs. Stan Mills Michael Visintine Brian Task Task Task No. Task Description M.H. Cost tP01 TE501 TES05 EP11 ET01 PROJECT STARTUP MEETING 1 Attend startup meeting with City staff 6 $1.327 2 2 2 2 Obtain available information 2 $328 2 3 Identify known maintenance issues or capacsty related issues. 2 $328 2 4 Prepare Meeting Minutes 1 $164 1 Subtotal 11 $2.145 2 7 2 0 0 ,. 0 1 COMD late area research 0 SO 2 Complete field work 2 $328 2 3 Process geld data In CAD 0 $0 4 PLS Review 0 $0 5 Delineate temporary construction easements 8 permanent sewer g $1,088 easements 4 2 6 Generate easement exhibits 8 $1.415 6 2 7 Submit easement plans to City 1 $164 1 8 Review comments with Cil staff 2 $328 2 9 OA1QC and project man emenl 5 $924 3 Subtotal 24 $4,246 0 18 .. PRELIMINARY DESIGN - 1 Com Ioto site walk 4 S655 4 2 Sewer Layout Plan View 8 S956 3 Coordinate with local utilities 4 S567 4 Generate sanitary contributions • Current & Future 5 S694 1 5 Evaluate s tem hydraulics 9 $1.507 ' 6 Generate cover sheet and general notes 2 $239 7 Generate sewer details 2 $239 8 Generate Ian and profile sheets 104 S13.514 4 9 Calculate quantities 5 S6941 I1 10 Estimate opinion of probable cost 6 $8581 11 Submit Plans and opinion of cost to City 1 $1641 12 Review comments with City staff 2 $328 13 Generate technical specifications and bid documents 28 $3,5231 14 Submit plans to ADH for comment 1 $1641 1 1 1 2 4 1 15 OAlOC and Droiect anagement 8 491 2 6 Subtotal 189 $25,649 2 26 SAINT LOUIS, MO • BENTONVILLE, AR • CHICAGO, IL • EDWARDSVILLE, IL • O'FALLON, IL • O'FALLON, MO • POPLAR BLUFF, MO is ST. CHARLES, MO Horner & Shifrin Fayetteville Dot Tipton Lift Station Elimination Project 18 July 2022 Page 5 Fayetteville Dot Tipton Lift Station Elimination Plannin and Desi n Prepared By: RJM Labor Classification LABOR: I McClelsh James Mills Ryan Willson Chrlstlna Jacquat, Bridgtid Diggs, Stan Mills,Michael Visindne Brian Task Task 521" 51s, 571n $189 59s 1 5:16 S127 Task No. Task DeserlotlonM.H. 929 1 EPOl EP07 EP02 IES01 IES05 EPll E101 ENVIRONMENTAL SERVICES 1 Slormwater Pollution Prevention Plan 10 $950 10 5 QAIQC and project management 3 $542 if 1 1 1 2 Subtotal 13 $1,492 0 1 0 2 10 0 0 1 Update project plans 54 E7.084 4 4 40 6 2 Update technical specAlications and bid documents 12 $1.522 2 10 3 Update opinion of probable cost 3 $403 1 2 4 Submit plans to City 1 $164 1 5 Review comments with City staff 2 $328 2 6 Submll plans to ADH for comment 1 $164 1 7 Conduct meeting with City staff 8 $1.133 4 4 8 QA/QC and proiect management 6 $1 222 2 4 Subtotal 87 $12,019 2 19 4 0 0 56 6 FINAL PLANS SPECIFICATIONS AND i Finalize tans. specifications, and bid documents 19 E2.508 1 2 16 2 Submit plans to City 2 $283 1 1 3 QA1QC and o'ect management 4 $775 11 3 Subtotal 25 E3,566 1 5 2 0 0 17 0 TOTAL ESTIMATE MANHOURS 349 7 76 29 2 10 207 18 TOTAL ESTIMATED LABOR COSTS $49.117 DESIGN EXPENSES: Total Rem Unit Cost Mileage:— miles $60 Subconsultant: McClelland (Geotechnical Engineering and Surveying) SAY $31.360 Reproduction & Photocopy: — SAY =W Field Equipment Rental Reimbursement: — SAY FF EO Misc. Reimbursable Expenses: — SAY M ESTIMATED TOTAL REIMBURSIBLE EXPENSES: $32,320 MARK UP PERCENTAGE: 111111111111111111W 10% ESTIMATED TOTAL EXPENSES: $35,552 TOTAL ESTIMATED NOT -TO EXCEED COST: 84,700 HORNER�v} SHIFRIN Hourly Billing Rates by Classification Effective: 05/29/2022 AP01 PROFESSIONAL 1 $ 305 EP14 ENGR ENVIRONMENTAL ENGR $ 101 AP02 PROFESSIONAL 2 $ 174 ET01 PROF DESIGNER ENVIRONMENTAL ENGR $ 131 AP03 PROFESSIONAL 3 $ 154 ET02 DESIGNER ENVIRONMENTAL ENGR $ 104 AT04 CLERICAL 3 $ 95 ET03 DESIGNER ENVIRONMENTAL ENGR $ 90 AT06 CLERICAL 6 $ 79 ET04 CAD TECH ENVIRONMENTAL ENGR $ 82 BP01 AVP BUILDING SERVICES $ 214 ET05 CAD TECH ENVIRONMENTAL ENGR $ 76 BP02 SR PM BUILDING SERVICES $ 209 ET06 CAD TECH ENVIRONMENTAL ENGR $ 74 BP03 SR PM BUILDING SERVICES $ 203 GP01 MANAGER $ 189 BP04 SR PM BUILDING SERVICES $ 180 GP03 MANAGER $ 153 BP05 SR PM BUILDING SERVICES $ 166 GP04 MANAGER $ 142 BP07 PM BUILDING SERVICES $ 149 GT04 COORDINATOR $ 95 BP08 PE BUILDING SERVICES $ 141 IP01 AVP - GIS/IT/SURVEY $ 226 BP10 DESIGN ENGR BUILDING SERVICES $ 122 IP02 SR GIS/IT PROFESSIONAL $ 147 BP11 DESIGN ENGR BUILDING SERVICES $ 116 IT01 GIS/IT ANALYST $ 135 BP12 DESIGN ENGR BUILDING SERVICES $ 107 IT02 GIS/IT ANALYST $ 113 BP13 ENGR BUILDING SERVICES $ 97 IT03 GIS/IT ANALYST $ 109 BTM1 TECH MGR., BUILDING SERVICES $ 154 IT04 GIS ANALYST $ 105 BT01 PROF DESIGNER BUILDING SERVICES $ 138 IT05 GIS ANALYST $ 102 BT02 SR DESIGNER BUILDING SERVICES $ 113 SU01 PROFESSIONAL LAND SURVEYOR $ 158 BT03 DESIGNER BUILDING SERVICES $ 100 SU02 PROFESSIONAL LAND SURVEYOR $ 135 BT04 CAD TECH BUILDING SERVICES $ 89 SU03 SURVEY INSTRUMENT TECHNICIAN $ 116 BT05 CAD TECH BUILDING SERVICES $ 82 SU04 SURVEY INSTRUMENT TECHNICIAN $ 107 CSP01 VP CIV-SITE ENGR $ 252 SPOT VP STRUCTURAL ENGR $ 265 CSP02 AVP CIV-SITE ENGR $ 242 SP02 AVP STRUCTURAL ENGR $ 216 CSP03 ASST BUL CIV-SITE ENGR $ 221 SP03 SR PM STRUCTURAL ENGR $ 203 CSP04 SR PM CIV-SITE ENGR $ 179 SP04 SR PM STRUCTURAL ENGR $ 190 CSP05 SR PM CIV-SITE ENGR $ 168 SP05 SR PM STRUCTURAL ENGR $ 179 CSP06 PM CIV-SITE ENGR $ 158 SP06 PM STRUCTURAL ENGR $ 163 CSP07 PM CIV-SITE ENGR $ 146 SP07 PM STRUCTURAL ENGR $ 149 CSP08 SR PE CIV-SITE ENGR $ 135 SP08 SR PE STRUCTURAL ENGR $ 141 CSP09 PE CIV-SITE ENGR $ 131 SP09 PE STRUCTURAL ENGR $ 131 CSP10 DESIGN ENGR CIV-SITE ENGR $ 119 SP10 PE STRUCTURAL ENGR $ 122 CSP11 DESIGN ENGR CIV-SITE ENGR $ 113 SP11 DESIGN ENGR STRUCTURAL ENGR $ 116 CSP12 SR PE CIV-SITE ENGR $ 108 SP12 DESIGN ENGR STRUCTURAL ENGR $ 108 CSP13 ENGR CIV-SITE ENGR $ 103 SP13 ENGR STRUCTURAL ENGR $ 101 CSP14 ENGR CIV-SITE ENGR $ 98 SP14 ENGR STRUCTURAL ENGR $ 91 CSTM01 TECH MGR CIV-SITE ENGR $ 135 ST03 DESIGNER STRUCTURAL ENGR $ 106 CST01 PROF DESIGNER CIV-SITE ENGR $ 132 ST06 CAD TECH STRUCTURAL ENG $ 69 CST02 SR DESIGNER CIV-SITE ENGR $ 110 TP01 VP TRANS CIV ENGR $ 252 CST03 DESIGNER CIV-SITE ENGR $ 95 TP02 AVP TRANS CIV ENGR $ 221 CST04 CAD TECH CIV-SITE ENGR $ 74 TP03 ENGR MGR TRANS CIV ENGR $ 205 CP01 DEPT MGR CONST SVCS $ 148 TP04 SR PM TRANS CIV ENGR $ 179 CP02 PROJ ENGR CONST SVCS $ 142 TP05 SR PM TRANS CIV ENGR $ 168 CP03 PROJ ENGR CONST SVCS $ 123 TP06 PM TRANS CIV ENGR $ 158 CT01 CONST SVCS TECH 1 $ 128 TP07 PM TRANS CIV ENGR $ 147 CT02 CONST SVCS TECH 2 $ 118 TP08 SR PE TRANS CIV ENGR $ 152 CT03 CONST SVCS TECH 3 $ 105 TP09 PE TRANS CIV ENGR $ 137 CT04 CONST SVCS TECH 4 $ 99 TP10 DESIGN ENGR TRANS CIV ENGR $ 121 CT05 CONST SVCS TECH 5 $ 87 TP11 DESIGN ENGR TRANS CIV ENGR $ 116 CT06 CONST SVCS TECH 6 $ 74 TP12 DESIGN ENGR TRANS CIV ENGR $ 113 EP01 VP ENVIRONMENTAL ENGR $ 275 TP13 ENGR TRANS CIV ENGR $ 110 EP02 AVP ENVIRONMENTAL ENGR $ 216 TP14 ENGR TRANS CIV ENGR $ 105 EP03 ENGR MGR ENVIRONMENTAL ENGR $ 207 TES01 ENV SCIENTIST TRANS CIV ENGR $ 189 EP04 SR PM ENVIRONMENTAL ENGR $ 196 TES02 ENV SCIENTIST TRANS CIV ENGR $ 168 EP05 SR PM ENVIRONMENTAL ENGR $ 180 TES03 ENV SCIENTIST TRANS CIV ENGR $ 142 EP06 PM ENVIRONMENTAL ENGR $ 175 TES04 ENV SCIENTIST TRANS CIV ENGR $ 121 EP07 PM ENVIRONMENTAL ENGR $ 164 TES05 ENV SCIENTIST TRANS CIV ENGR $ 95 EP08 SR PE ENVIRONMENTAL ENGR $ 143 TTM1 TECH MGR TRANS CIV ENGR $ 126 EP09 PE ENVIRONMENTAL ENGR $ 130 TT01 PROF DESIGNER TRANS CIV ENGR $ 116 EP10 PE ENVIRONMENTAL ENGR $ 125 TT02 SR DESIGNER TRANS CIV ENGR $ 104 EP11 DESIGN ENGR ENVIRONMENTAL ENGR $ 119 TT03 DESIGNER TRANS CIV ENGR $ 92 EP12 DESIGN ENGR ENVIRONMENTAL ENGR $ 110 TT04 CAD TECH TRANS CIV ENGR $ 70 EP13 ENGINEER ENVIRONMENTAL ENGR $ 105 2022E TRACT 001, CITY OF FAYETTEVILLE Permanent Easement 11377 Sq.Ft. Legend Proposed Permanent Easement Temporary Construction p Y /i Easement 3,662 Sq.Ft. j / Permanent Easement 7,317 Sq.Ft. Tract 001 Parcel Number 775-17901-001 City of Fayetteville / a � t / ; F Temporary Construction Easement 4,791 Sq.Ft. l Temporary Construction Easement 2,017 Sq.Ft. r V-i - --_ Temporary Construction Easement y. Parcel Boundary 100-yr Floodplain mcE �Ns��r CONSULTING ENGINEERS, INC. Tract 001 Parcel Number 001-06803-000 City of Fayetteville J. VII . "';y/ 25 50 100 F ?�ey � /5 Drawn By: Date: Project: Scale 1" = 50' Greenland, AR a B.A.B. October 25, 2022 21-2120 0 50 100 NE CORNER SCALE 1" = 100' NEY4, NW3/4 SECITON 9 m T-15-N, R-30-W 1901.140QIre1 N090 48' 10"W-28.77' N870 27' 22"W-391.97' \ S530 50' 16"E-81.35' N530 50' 16"W-52.38' \ 1 TRACT 1 \ CITY OF FAYETTEVILLE '{ PN:775-17901-001 N09° 48' 10"W-28.77' Q \ I DEED 93-47367 N531 50' 16"W-23.41' I I S080 50' 16"E-166.22' N080 50' 16"W-149.33'----_` \ TCE 01A I \I 3662 SQ. FF. I \ I 0.08 AC. ESMT 01A N080 50' 16"W-141.05' 1 7317 SQ. FT' 1 0.17 AC. S810 09' 44"W-20.00' N080 50' 16"W-8.04' y S050 36' 31"E-81.78' N050 36' 31"W-75.15' \I N280 08' 44"E-45.96'� %) N090 48' 10"W-29.91'—""�y S290 21' 39"W-75.63' S87° 03' 43"E-60.98' N35° 25' 25"E-63.09'­B POB ESMT B N350 25' 32"E-20.00'--� /--, S540 44' 11"E-14.39' N540 44' 11"W-6.16' TCE O1C�/� 2017 SQ. FT. 0.05 4343' 0707"W-51.88' N090 44' 02"W-64.43 S35° 16' 53"W-13.41 TCE 01B � 0.1 1 FT. 0.11 Ac. c. G�-S35° 16' 53"W-132.98' kEESMT TRACT 01 CITY OF FAYETTEVILLE PN:001-06803-000 DEED 92-46172 S09° 44' 02"E-52.72' 01B 377 SQ. FT. .03 AC. 5° 16' 53"W-28.28' LEGEND N87° 27' 22"W-455.24' 001-06803-000 TAX PARCEL NUMBER [!!CL/"� PROPOSED RIGHT-OF-WAY 91-46172 DEED RECORD r7----- -i PROPOSED UTILITY EASEMENT EXISTING PROPERTY LINE F_T E_ _ E� PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NZ 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW IT MCCLELLAND "ATE R ED SEWER IMPROVEMENTS ECONSULTING mC 10.20.22 1 EXHIBIT "A" GREENLAND, AR ENGINEERS, INC. SCALE PRO], AS NOTED 21-NUMBER 2120 MAP TRACT 01 1580 E. STEARNS ST. CITY OF FAYETTEVILLE, AR FAYETTEVILLE, AR 72703 # F X`, — 1 (479)443-2377 TRACT 028, CITY OF FAYETTEVILLE J N L y 4 1 Tract 028 Parcel Number 775-17984-000 City of Fayetteville Tract 028 Parcel Number 775-17972-000 City of Fayetteville Permanent Easement 5,246 Sq.Ft. � 4F_ 4 # ' 11111 � � t .JL-- . t Temporary Construction � k� 4bft G 4 i Easement 4,303 Sq.Ft. - ► �j Legend Proposed Permanent Easement Temporary Construction Easement Right of Way Parcel Boundary F 0 12.5 25 50 I McCLELLAND Drawn By: Date: Project: Greenland, AR Scale 1" = 25' Q CONSULTING B.A.B. October 25, 2022 21-2120 R` ENGINEERS, INC. 0 20 40 SCALE 1" = 40' NE CORNER SWY4, SW1i4 SECTION 33 T-16—N, R-30—W SW —SW 33-16-30 I � CITY OF FAYETTEVILLE PN:775-17984-000 DEED 92-18783 TRACT 28 CITY OF FAYETTEVILLE PN:775-17972-000 DEED 1446-697 � I N080 10' 31"W-25.16' N860 01' 36"E-23.00' S890 50' 56"E-189.44' N870 04' 53"W-478,24- ESMT 28 S010 51' 23"W-25.13' \ \ \ \ \ \ \ \ \ \ \ 5246 SQ. FT. \ \ \ \ \ \ \ \ \ \ \ \ \ \\\\\\\\\\\ 0.12AC. \\\\\\ \\\\\\\ ... � S010 51' 23"W-3.66' N890 48' 55"W-186.70' S860 01' 36"W-21.35' S120 17' 36"E-24.13' •^T�rrr N08 110' 31"W-15.68' N870 03' 23"W-149.16' N871 03' 23"W-61.90' G U'1 BAILEY DRIVE TCE 28 p I p 4303 SQ. FF. 0.10 AC. lZ R/ W R/ W R/ W J N LEGEND 775-17984-000 TAX PARCEL NUMBER [!!CL/�� PROPOSED RIGHT-OF-WAY 92-18783 DEED RECORD r777 77-71 PROPOSED UTILITY EASEMENT L-- ------ i EXISTING PROPERTY LINE F_T E_— _ E� PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) TW IT MCCLELLAND DATE R sED SEWER IMPROVEMENTS ECONSULTING mC 10.20.22 1 EXHIBIT "A" GREENLAND, AR ENGINEERS, INC. SCALE PR- UMBER. AS NOTED 21_2120 MAP TRACT 28 1580 E. STEARNS ST. `, CITY OF FAYETTEVILLE, AR FAYETTEVILLE, AR 72703 # F X - 1 (479)443-2377 TRACT 029, CITY OF FAYETTEVILLE Q Tract 029 Temporary Construction / / PN:765-15531-001 Easement 2,187 Sq.Ft. / DEED: 2009-35547 City of Fayetteville $ F. / a I I �r I Tract 029 + I PN: 775-17985-000 I' DEED:92-2800 I Permanent Easement 19,452 Sq.Ft. 71 Temporary Construction Tract 029 Easement 9,073 Sq.Ft. PN: 775-17968-000 DEED: 92-? Tract 029 nni. '77r- '1'7n 7 7 nnn I 3 Tract 029 PN: 775-17974-000 DEED: 92-7956 Tract 029 PN: 775-17980-000 DEED: 92-57456 Tract 029 ♦ \ PN:775-17976-000 \ ` DEED:92-32137 \ Legend Tract 029 \ PN:775-17965-000 \ Proposed Permanent Easement DEED: 15-666/668 \ ♦I Temporay Construction Easement Right of Way Temporary Construction Parcel Boundary Easement 4,151 Sq.Ft. 100 MM9F AFEEMcCLELLAND Drawn By: Date: Project: Greenland, AR CONSULTING Scale 1" = 50' B.A.B. October 25, 2022 21-2120 ENGINEERS, INC. N360 40' 06"E-67.22' 5260 39'57"E-22.38' N36° 40' 06"E-82.53' A�j S260 39' 57"E-27.98' TCE 2FT 2187 SQ. FT. 0.05 AC. N07° 09'44"E-37.12' / \ I PN:765-15531-001 N070 09' 44"E-31.85' \ i DEED 2009-35547 \ S36° 40' 06"W-48.08' _ N82° 50' 16"W-20.00' N070 09' 44"E-57.63'_F \/ S070 09' 44"W-62.92' S83° 24' 30"E-20 00N871 06' 20"W-195 0 50 100 SCALE 1" = 100' ui 18 N07° 09' 44"E-20.09' n POB \ PN: 775-17985-000 NE CORNER N070 09' 44"E-126.77' I DEED 92-2800 SWl/a, f SWY4 N07° 09' 44"E-106.50'J \ SECTION 33 z \I T-16-N, R-30-W TCE 29B \ I� 9073 SQ. F. I O 0.21 AC. In PN:775-17968-000 sw-sw TRACT 29 DEED 92-?? � � � 33-16-30 H CITY OF .� FAYETTEVILLE I rn r\ N07° 04' 28"E-215.75'\_ \ 0) \ �N N070 04' 28"E-232.21' \ o fN M M PN 775-17977-000 PN: 775-179 9 000 LLr)n O DEED 92-79 6 "' EED 92-7955 I ° 7' o N860 13' 49"E 92.94' o ESMT 29 `1l U y 19452 SQ. FT. Lu w N860 01' 36"E-111.49' f- 0.45 AC. z p a w N01° 51' 23"E-20.44' J ) PN: 775-17980-000 I a IDEED 92-57456 N01° 51' 23"E-25.02' DEED FAO z S860 04' 45"W-95.70' R/W S860 04' 45"W-26.00' FAO\ \\11 ° PN: 775-17976- 00 ~ DEED 92-32 37 G BAILEY DRIVE°,8 r1�\ \1�� w R/W U) L(UNDEVELOPED) 1\ �\ \ \\10 w G 72 19\ w � O > IFS\sue \\ G) PN: 775-17965-000 40"W-26.49' o DEED 15-666/668 a 6 m � TCE 29C SOS° 23' 40"W-26.49' _ 4151 SQ. FT. ly 0.10 AC. 2 r 3 L E G E N D 775-17965-000 TAX PARCEL NUMBER =� PROPOSED RIGHT-OF-WAY ° 15 668 DEED RECORD 77��� PROPOSED UTILITY EASEMENT gC----- w — — EXISTING PROPERTY LINE F—T E— _ PROPOSED TEMP. CONST. EASEMENT BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) IANAGER' N By TW IT MCCLELLAND BATE R s SEWER IMPROVEMENTS mCECONSULTING 10.20.22 1 EXHIBIT "A" GREENLAND, AR ENGINEERS, INC. PT AS NOTED 21-2120 eR. MAP TRACT 29 1580 E. STEARNS ST. ` CITY OF FAYETTEVILLE, AR FAYETTEVILLE, AR 72703 # F X, — 1 (479)443-2377 ; .acobs Fayettevi Re Client Monthly Report for September 2022 October 18, 2022 City of Fayetteville CITY OF .00W FETTE1fILLE ARKANSAS Fayetteville and Jacobs - Leaders in Sustainability: Together for Our Community, Solutions for Our Tomorrow Jacobs Fayetteville Client Monthly Report for September 2022 ,;acobs Contents ExecutiveSummary......................................................................................................................................................................2 1. Plant Operations............................................................................................................................................................. 3 1.1 WRRF Process Control..................................................................................................................................................................... 3 1.2 Compliance..........................................................................................................................................................................................4 1.3 Successes..............................................................................................................................................................................................4 2. Biosolids Management Site Operations....................................................................................................................5 2.1 Biosolids Process............................................................................................................................................................................... 5 2.2 Issues/Resolutions............................................................................................................................................................................ 5 2.3 Successes..............................................................................................................................................................................................5 2.4 Compliance..........................................................................................................................................................................................5 2.5 BMS Revenue......................................................................................................................................................................................6 3. Maintenance.....................................................................................................................................................................7 3.1 Noland WRRF......................................................................................................................................................................................7 3.2 West Side WRRF................................................................................................................................................................................. 8 3.3 Lift Stations.......................................................................................................................................................................................... 8 3.4 Biosolids Management Site........................................................................................................................................................... 8 3.5 Key Performance Indicators/Measures....................................................................................................................................9 3.6 Capital Improvement Projects(CIP)........................................................................................................................................10 4. Laboratory/Industrial Pretreatment........................................................................................................................11 5. Woolsey Wet Prairie......................................................................................................................................................14 6. Community Outreach & Sustainability....................................................................................................................16 7. Health & Safety..............................................................................................................................................................17 AppendixA. Additional Information......................................................................................................................................18 Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S Executive Summary For the month of September, the Noland Water Resource Recovery Facility (WRRF) reported a permit Limit excursion for the Fecal Coliform monthly average. Details of the non-compliance is provided in subsections of this report. The West Side WRRF reported 100% compliance during the month. The month ended with a positive financial variance which increased when compared to the previous month. The non -Labor expenses continued to decrease, which may reflect a timing issue related to delays with invoicing the parts and equipment purchases. The Labor expense decreased with the staff reassignments and change in management staffing. As indicated in the table below, the year- to-date projected budget for September is favorable by $71,277. Budget Performance Month Labor Dollars Non -Labor Dollars Monthly Dollars Jan 2022 -53-.O5B -517.-6- -551,553 FeC 2022 -572.573 521,3-1 -551,5a2 [Aar2022 -595.9E7 5130,732 531,77E Apr2O22 -5110.221 5209.647 599.e26 l4ay2022 -5131.E79 51136,71E 55 ,136 Jun2022 -5199.3E7 5177,033 -5=.32- JuI202:2 -5229,869 5171,917 -559.OE2 Aug 2022 -5174.682 5147.099 -527,E3- Sap 2022 -5226,941 515 ,E64 -571,277 oct 2022 Now2O22 Cac2O22 llinimum 7229= -517.464 - ,1 2„ llaximum -53_.O59 5209,647 Budget Performance Graph Lmbx Non- _} Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S 1. Plant Operations For the month of September, the Noland Facility had limited treatment during the last week of the month, due to equipment failures, which resulted in a permit excursion for the Fecal Coliform monthly average. The West Side Facility maintained treatment process and was within permit compliance throughout the month. Details of the equipment failures, Noland WRRF permit exceedances and the corrective and preventive actions are provided below, Section 1.1. This month's effluent quality data and influent loadings data can be viewed in Appendix A. 1.1 WRRF Process Control Noland During the last week of September, the Noland WRRF experienced a Fecal Coliform Monthly Average permit exceedance due to equipment related issues that contributed to incomplete treatment of the discharging effluent. On September 28t", the analyzed results of a Fecal Coliform sample collected the previous day was read and operations supervisor was notified there was a result of greater than (>)12,098 MPN/100 mL, on a 1.5 dilution sample. The effluent discharging to the White River was halted and diverted to the holding pond. The staff investigated and discovered the fecal permit exceedance was due to multiple failures occurring with the return Activate Sludge (RAS) control monitoring equipment and the RAS pumps. The RAS pump had malfunctioned, but SCADA indicated the pump was running. The staff became aware when the MLSS concentration continued to decrease while increasing the pump speed. The decrease in MLSS includes a reduced biological capability to effectively remove contaminates, which increased ozone demand and hindered disinfection. Upon further investigation the staff discovered that several technical failures had occurred: the MLSS TSS probe had lost its calibration; the PLC for RAS pump control malfunctioned; and a RAS pump for the West Basin had failed. The PLC was replaced, the West Basin was removed from service to provide the proper MLSS concentration, and the process lab TSS testing regiment was increased which verifies the TSS monitoring probes calibration. The process lab testing confirmed that all process parameters had returned to normal parameters by the next day, September 29t", 2022, and discharge was resumed to the White River; no other process issues were observed. In addition to the initial corrective actions taken, a portable pump was staged at the RAS well as a critical spare while the expedited repair of the RAS pump repair was underway. Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S West Side During September, Westside WRRF received a total of 1.5 inches of rain, with influent flows remaining consistent during the dry summer season. The MLSS concentration target was increased in preparation for anticipated cooling temperatures in October. 1.2 Compliance Due to the greater than (>) Fecal Coliform result (sampled 9/27/22), the Noland WRRF will need to report a permit exceedance for the Fecal Coliform 7-day maximum in next month's Discharge Monitoring Report (DMR) because the event occurred within the week ending on Oct 15t, 2022. The greater than result additionally engenders non-compliance for the Fecal Coliform Monthly Average permit parameter, which is documented with September's DMR to the state. No non-compliance issues to report for the West Side WRRF for this month. 1.3 Successes The completion of the bioprocess waste gate actuator installation has enhanced adjustment of influent flow going into process and into the equalization basin, which allows for a more consistent load to the bio units ultimately aiding in minimizing upsets from loading swings. Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S 2. Biosolids Management Site Operations 2.1 Biosolids Process During the month of September, the WRRF's produced a total of 1,805 wet tons of biosolids. No belt filter pressed bio-solids were sent directly to the landfill, instead all 1,805 wet tons produced were able to be spread into the solar houses and partially dried before being disposed of at the landfill. An estimated 663 tons of water removed from the material leaving the final weight total of partially dried biosolids to the landfill to come to 1,143 tons, saving an estimated $31,943 in tipping fees, with the total cost for the month to come to $55,070. 2.2 Issues/Resolutions September was a productive month for the Biosolids Management Site. The meticulous process of partially drying all biosolids at BMS before disposal at the landfill greatly adds to BMS staff's hauling responsibilities, and the retirement of an experienced commercial driver significantly increases the difficulty of meeting the WRRF's wasting requirements. Two BMS operators recently acquired their commercial licenses however they do not yet have the same experience or skill set as the recently retired full-time driver. A job requisition for this position was opened upon the announcement of the CDL (Commercial Driver License) driver's retirement and we are currently in the process of finding a full-time replacement. 2.3 Successes The BMS continues to accept all water -treatment residuals (WTR) produced by the NWA Water Utility, Beaver Water District. The WTR is evenly applied across all application zones, as is required in the No - Discharge Permit associated with the site. In another outstanding month, the BMS staff was able to apply approximately 1,206 tons of WTR, with revenue produced from the application totaling over $39,000. As was projected, there was an increase in hay sales in September. Approximately 461 tons were sold resulting in over $43,000 in sales. The hay harvesting operation slowed toward the end of the month as the forage growth decelerated and it is anticipated that Area 1 (previously known as areas 1,2 & 3) and part of Area 3 will be the only areas harvestable for the month of October. 2.4 Compliance There were no BMS Operations compliance issues during the month of September. Jacobs — Fayetteville Project Jacobs Fayetteville - Client Monthly Report for September 2022 2.5 BMS Revenue Table 2-1: Revenue generated from the BMS Jacobs Product Tons Sold/Received Revenue Generated Hay 461 $43,604.00 Fertilizer 0 $0.00 Water Treatment Residuals 1,206 $39,808.00 Figure 2-1: Revenue generated from the BMS via hay, fertilizer, and WTR Revenue Generated Biosolids Management Site $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 � c:e O O Monthly 2021 Monthly 2022 e Cumulative 2022 Jacobs — Fayetteville Project Jacobs Fayetteville — Client Monthly Report for September 2022 3. Maintenance 3.1 Noland WRRF Jacobs An eventful September for Noland began with rebuild preparations of the main backup 2-megawatt generator (Caterpillar Genset System). Maintenance coordinated with Riggs Cat and other vendors to successfully remove the generator and arrange hauling services to the shop for a full generator rebuild service. The rebuild service is estimated to take several months, due to supply chain issues, with completion expected near the end of December of this year. Noland Filter Cell 3 Rebuild Filter Cell 3 received a full rebuild with the removal of troughs, sand bed and screens. The troughs were replaced with 3/16" stainless steel troughs, new screens were installed, and a fresh sand bed was applied. There are two more filter cells scheduled for rehabilitation to complete this project. Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 ,taco S 3.2 West Side WRRF The main perforated roller on Belt Filter Press: Unit 2 was installed by the maintenance team with the main drive being replaced by the SCADA team. This asset was out of service for several months due to the previous main roller failure (twisting in half). Both presses at West Side have now been returned to normal operational service. 3.3 Lift Stations Routine maintenance tasks were completed throughout the month and lift stations performed within specifications with no adverse issues. 3.4 Biosolids Management Site A new conveyor was received for the upcoming biosolids drying system installation. Jacobs — Fayetteville Project Jacobs Fayetteville - Client Monthly Report for September 2022 3.5 Key Performance Indicators/Measures Figure 3-1: Labor Hours by Work Order Type ❑ 980.85, 0 ❑ 49.50, 0 ❑ 124.32, 0 Jacobs administrative ❑ corrective maintenance emergency 1 769.43, 0 corrective maintenance non emergency corrective maintenance from pm/pdm preventive maintenance ❑ project 56,0 ❑ safety Figure 3-2: Work Order Count by Type administrative ❑ corrective maintenance emergency ❑ corrective maintenance non emergency ❑ corrective maintenance from pm/pdm ❑ preventive maintenance ❑ project ❑ safety ❑ n n% n 1AA 70i _. 33,2 ❑ 6, 0°/ ❑ 55, 3% 14, 88% Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S 3.6 Capital Improvement Projects (CIP) For the month of September, purchase orders were issued for the following items: • New variable frequency drive for Lift Station 12 on Double Springs Road in Farmington • Replacement wear ring for pump 5 at the Lift Station 7 • New HVAC system for the West Side MCC room • Scum pump for Clarifier 4 at Noland WRRF. RAS Pump 2 at Noland was sent to Jack Tyler Engineering for a hidden damages' inspection. The repair quote was forwarded to the utilities department for administrative approval. The CIP completed during the month are: • The 'Hamestring' Lift Station (7) Pump was successfully installed after being repaired by J.R. Stewart. • New roller for West Side's Belt Filter Press 2 was purchased and installed. • Two new post -aeration blowers were commissioned at the West Side facility. • Pond Return Pump 1, repaired by Jack Tyler Engineering, was commissioned at the Noland facility. • The new solids conveyer was received by BMS that will be integrated into the new biosolids drying system. Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S 4. Laboratory/Industrial Pretreatment In September, the WRRF laboratory submitted the required annual Environmental Protection Agency (USEPA) Discharge Monitoring Report Quality Assurance Study (I)MR-CIA), an ungraded blind sample study on all permitted parameters, which is required of major, and selected minor, NPDES permit holders. To qualify, permit holders must obtain Performance Evaluation (PE) samples from an approved provider. To certify excellence, Jacobs requires all OMFS Projects that perform DMR reportable tests onsite to participate in at least two PE studies per year. Analyses were completed and submitted to NSI Lab Solutions, EPA Region VI and the Arkansas Department of Environmental Quality (ADEQ). Both studies in 2022 passed for all parameters; the next study will be conducted in April 2023. Whole Effluent Toxicity (WET) samples were collected for the White River outfall at the Noland facility. Samples were sent to Cove Environmental in Stillwater, OK for analysis. White River passed WET testing for both species; Ceriodaphnia Dubia, water flea, for survival and reproduction and the Pimephales promefas, fathead minnow, for growth assessment, showing neither lethal nor sublethal effects, in the full dilution series outlined in the permit of 97%, 73%, 55%, 41 %, 31 %, and 0%. West Side Goose Creek samples were collected and sent to Cove Environmental 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. ADEQ IPP officials came to NWA to perform a Pretreatment Compliance Inspection (P.C.I.) for the City of Fayetteville's pretreatment program, including on -site inspections of Elkhart and Hiland Dairy guided by Jacobs IPP coordinator John Byrd. With their industrial permit expiration coming up at the end of the year (December 2022), Elkhart submitted their permit renewal application to the IPP department with adequate time to process. At the Client's request, Jacobs IPP coordinator John Byrd and APM Sarah Garrison investigated a 1,300 gallon tac oil spill and subsequent cleanup along a White River tributary near the University of Arkansas campus; investigation was followed with a detailed report of the findings to the Client. Additionally, Byrd assisted Mark Rogers in representing the City of Fayetteville in a meeting with Sonic corporate management to discuss the cost recouperation fine levied against them regarding the continuous grease trap cleaning issues that lead to costly labor and resources spent on keeping the 'Greenland' Lift Station (29) unclogged and operational. Jacobs — Fayetteville Project Jacobs Fayetteville — Client Monthly Report for September 2022 .;acobs Monthly surcharge and waste hauler reports were completed and sent to the city for billing. For revenue generated from the IPP, see the following Table 4-1, Figure 4-1 and Figure 4-2. $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 Table 4-1: Revenue generated from the Industrial Pretreatment Program (IPP) Revenue $76,973.63 1 Surcharges on August data $3,000.00 I Fees from hauled waste accepted in September $0.00 I Other fees paid in September $0.00 Fines assessed in September Zero violations for all industrial Users violations on August data Figure 4-1: IPP revenue total from surcharges, fees, and fines Revenue Generated Industrial Pretreatment Program �a t<eo P Q�e O� 0 ewe ❑ 2021 Monthly Surcharge Fees plus Hauled Waste Fees ❑ 2022 Monthly Surcharge Fees plus Hauled Waste Fees Jacobs — Fayetteville Project xii Jacobs Fayetteville - Client Monthly Report for September 2022 .;acobs Figure 4-2: Loads of hauled waste -by hauler and cumulative loads per month Hauled Waste Summary 70 60 - 50 40 30 20 10 0 -W z 1-u 6- dn�� ❑ 2022 APT ❑ 2021 APT ❑ 2022 BJ ❑ 2021 BJ ❑ 2022 TOTAL ❑ 2021 TOTAL ❑ 2022 CIC Jacobs — Fayetteville Project xiii Jacobs Fayetteville - Client Monthly Report for September 2022 5. Woolsey Wet Prairie Jacobs The end of September largely marked the end of both Woolsey's herbicide treatments and this 2022's summer growing season. Wildflowers and grasses - 9 9 9 both desirable natives and target nonnatives alike - i. put forth final bloom -efforts producing a richly color- -� washed wet -prairie landscape. By month's end local s weather (-1.85-inches rainfall compared to September's 4.8-inches normal average) has shifted f{ back to very dry, late -summer conditions despite August's brief respite of drought -like conditions. IVoo,seyVJetPru'neswQrapMag4?;d'Qre-.summerb'&oms While some herbicide treatments were completed for both sericea lespedeza and small carpet grass populations, a discovery of several dozen nonnative, invasive Indian heliotrope (Heliotropium indicum) located in wetland cells W1, E1, E2, E4, E5 and the gas - line easement pulled staff away from typical chemical applications to hand pulling dozens of mature plants, 3-4 feet diameter, that were well within their bloom cycle and on the verge of line easement pulled staff away from typical chemical applications to hand pulling dozens of mature plants, 3-4 feet diameter, that were well within their bloom cycle and on the verge of viable seed development. In additional to herbicide treatment of developing seedlings, staff collected and removed approximately 150-pounds of heliotrope biomass representing BivonurrgIndian hehotrope, woorsey Wet Praine the removal of tens -of -thousands of otherwise viable invasive remavalof Indian w eland areas. Jacobs - Fayetteville Project AV ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S seeds. Similarly, the IVM team chemically treated several Johnsongrass plants while collecting dozens of seedhead blooms from upland buffers and city property adjacent to Woolsey Wet Prairie. integrity of nearby restoration project areas. Lastly, staff also responded to unusually dry conditions by drawing down water levels from Woolsey's two pond areas (wetland cell E4 & W2). Recommendations from UofA biology -department research indicates that some of Woolsey's most unique amphibian species may be negatively impacted by perennial water sources by encouraging green sunfish and bullfrog populations, which feed heavily on developing tadpoles and young amphibians. Encouraging opportunities for Woolsey's ponds to completely dry -out will positively control predator populations, while promoting populations of comparatively much more uncommon amphibian and reptile species. Small-scale herbicide treatments may continue into October and November for species such as Himalayan Blackberry, Japanese Honeysuckle, Winter Creeper and fescue while field work will largely shift toward completing prescribed burn preparations next month. Jacobs — Fayetteville Project I Jacobs Fayetteville — Client Monthly Report for September 2022 ,taco S 6. Community Outreach & Sustainability ti a it The first week of September, a handful of Jacobs staff hosted and volunteered with local streambank restoration group Watershed Conservation Resource Center (WCRC) for the annual seed collection event at the Fayetteville BMS property along the White River flood plain areas where native the grass Virginia Wild Rye (Elymus virginicus) thrives and is a great boon to streambank longevity. 9TH ANNUAL NWA�%%�B[aJ VOLUNTEER EVENT Planning started coming underway ��LJ�f alieGreen for this year's Blue -Green InFrasir.ave 9=I �� FAYETTEWest 1 ' Infrastructure volunteer event at ': � ARN�NSq Woolsey Wet Prairie and West Side WoolseyWRRF. Partnering organizations will include IRWP, BWA, BWD, • WCRC, NWA Master Naturalists, and multiple University of Arkansas biology research teams. Volunteers will be introduced to w BGI-spaces such as Woolsey Wet Prairie, West Side Rain Gardens and Bioswales, and network with regional organizations similarly focused on local environmental -quality related challenges and stewardship endeavors. Volunteers will also participate in the collection of local native wildflower -grass seeds that will be used to improve BGI-spaces throughout the Fayetteville community. Jacobs — Fayetteville Project ON Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S 7. Health & Safety This month the Fayetteville WRRF staff received training to address potential hazards resulting from Electrical Shock and Arc flash. Three maintenance employees completed the eight -hour session which addresses the proper usage and inspection of personal protective equipment along with hazard recognition and correction. The associates were required to perform a demonstration of skills to verify competency of training. Arc flash and shock safety continue to be an extremely dangerous situation faced by most electrical workers in every industry. Accepted training guidelines are driven by OSHA regulatory categories to include 1910.332 and are designed to prepare all employees that encounter electrical hazards. The safety team continues with its efforts to provide weekly safety inspections and the WRRF did not have any incidents to report during the month. The preferred method of weekly inspection requires an in-depth Look into the existing facility buildings and structures throughout the facility. The inspector is guided by a checklist in ION City and any items that are flagged within the checklist are recorded and a follow-up safety correction work order is created. Jacobs — Fayetteville Project xvii Jacobs Fayetteville - Client Monthly Report for September 2022 Appendix A. Additional Information Effluent & Influent Data White River Effluent Characteristics Jacobs 2022 Monthly Average WR CBOD Flow (mg/L) (MGD) 5.7 WR WR TSS WR TSS WR WR WR CBOD Phos Phos Ammonia (lbs/d) (mg/L) (lbs/d) (mg/L) (lbs/d) (mg/L) 599 5.0 525 1.0 105.0 0.5 WR Ammonia (lbs/d) D.O. Fecal Avg pH Min pH Max Coliform Min (s.u.) (s.u.) (MPN/ (mg/L) 100m1) 11.0 6.0 9.0 200 Permit Limit September 53 January 6.2 2.9 146 1.8 91 0.15 8.0 0.07 4 19.5 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 0.15 11.4 0.13 9 15.9 7.3 7.5 27 May 8.4 4.1 287 2.0 136 0.18 12.1 0.07 5 13.9 7.1 7.6 36 June 6.0 5.2 261 3.6 183 0.35 17.9 0.12 6 16.2 7.0 7.6 37 July 5.2 2.9 160 1.5 79 0.36 19.0 0.11 4 15.6 6.9 7.6 107 August 5.3 4.4 192 1.6 70 0.33 14.5 0.06 3 15.1 7.2 7.6 136 September 4.5 3.8 142 1.7 63 0.30 10.5 0.06 2 15.9 7.5 7.7 66 October November December Average 6.2 3.9 207 2.4 125 0.24 12.2 0.12 7 16.7 7.2 7.6 52 Jacobs- Fayetteville Project xviii MI Jacobs Fayetteville — Client Monthly Report for September 2022 jaco S 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 September 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 41413 5 339 May 310 21,509 50 3,736 8 613 June 368 20,717 47 21932 8 474 July 374 20,534 53 2,201 11 457 August 361 15,694 57 2,643 7 334 September 372 14,106 67 2,922 5.1 222 October November December Average 341 18,297 60 31270 6 325 Jacobs — Fayetteville Project Jacobs Jacobs Fayetteville - Client Monthly Report for September 2022 Goose Creek Effluent Characteristics 2022 Monthly Average Fl (Row Row 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 (m n pH Min (s.u.) pH Max (s.u.) Fecal Coliform (MPN/100m1) Permit Limit September 5.3 442.0 10.0 834 1.0 83.4 1.0 83.4 6.9 6.0 9.0 200 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 12.6 2.0 210.2 1.0 109 0.13 14.9 0.04 4.0 9.6 7.0 7.5 6 June 7.7 2.0 127.7 1.0 65 0.07 4.7 0.06 4.4 9.1 7.2 7.7 7 July 5.8 2.0 91 1.0 47 0.13 6.0 0.05 2 8.6 7.3 7.8 9 August 7.3 2.3 144.6 1.0 62 0.07 4.5 0.05 3.4 8.7 7.3 7.7 12 September 6.8 2.5 138.0 1.0 55 0.06 3.3 0.03 1.6 8.8 7.3 7.7 8 October November December Average 9.4 2.1 162.8 1.0 79 0.08 6.5 0.05 4.4 9.7 7.1 7.5 7 Jacobs - Fayetteville Project .;acobs Jacobs Fayetteville - Client Monthly Report for September 2022 Paul R. Noland Influent Characteristics Monthly Hydraulic BOD Organic TSS TSS PO4 PO4 NH3 NH3 Noland Average Loadings Loading Loading Loading Loading Loading Loading Loading Loading WRRF Flow Percent of Percent of Percent of Percent of Percent of _ (MGD) Design (lbs/d) Design (lbs/d) Design (lbs/d) Design (lbs/d) Design Designed 12.6 29,666 23,198 765 2,250 (Annual Avg.) 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 8.1 64.1% 12,877 43.4% 8,113 35.0% 190 24.8% 826 36.7% June 4.9 39.2% 13,202 44.5% 8,182 35.3% 176 23.0% 599 26.6% July 3.9 30.6% 11,832 39.9% 7,935 34.2% 185 24.2% 615 27.3% August 4.8 38.4% 17,100 57.6% 8,961 38.6% 218 28.5% 878 39.0% September 4.4 34.7% 11,794 39.8% 8,171 35.2% 219 28.6% 858 38.1% October November December Average 6.1 48.4% 14,725 49.6% 9,053 39.0% 195 25.4% 803 35.7% Jacobs - Fayetteville Project xxi Jacobs Jacobs Fayetteville - Client Monthly Report for September 2022 West Side Influent Characteristics Monthly Hydraulic Organic TSS PO4 NH3 West Side Average Loadings BOD Loading TSS Loading PO4 Loading NH3 Loading Loading Loading Loading Loading WRRF Flow Percent of (lbs/d) percent of (lbs/d) percent of (lbs/d) percent of (lbs/d) percent of (MGD) Design Design Design Design 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 12.6 125.6% 10,734 73.5% 10,772 73.8% 223 38.3% 1,305 68.0% June 7.7 77.3% 10,377 71.1% 11,381 78.0% 170 29.0% 1,258 65.6% July 5.8 58.4% 10,797 74.0% 14,063 96.4% 180 30.9% 1,435 74.8% August 7.3 73.0% 10,496 71.9% 12,539 85.9% 265 45.3% 1,580 82.4% September 6.8 67.7% 10,419 71.4% 11,859 81.3% 184 31.6% 1,276 66.5% October November December Average 9.4 93.7% 11,264 77.2% 12,715 87.1% 192 32.9% 1,360 70.9% Jacobs - Fayetteville Project