HomeMy WebLinkAbout2024-03-12 - Agendas - Final1
Water, Sewer, and Solid Waste Committee
12 March 2024
5:30 P.M.
(Or immediately following Equipment Committee Meeting)
Committee: Council Member Teresa Turk, Council Member D’Andre Jones, Council Member
Mike Wiederkehr, Council Member Scott Berna
Copy to: Mayor Lioneld Jordan, Paul Becker, Steven Dotson, Susan Norton, Kara Paxton,
Kit Williams, Chris Brown, Alan Pugh, Terry Gulley, Ross Jackson, Peter
Nierengarten, Brian Pugh, Corey Granderson, Aaron Watkins, Cody Ashworth,
Greg Weeks, Ryan Harrold, Mayo Miller, Josh Alleman
From: Tim Nyander, Utilities Director
______________________________________________________________________
CALL TO ORDER
UPDATES
PRESENTATIONS
1.Overview of January WWTP Monthly Report
Mayo Miller - Jacobs Engineering
OLD BUSINESS:
2.Western Water Transmission Line Update
Per the MOA with the Arkansas Natural Resources Division, the final Guaranteed
Maximum Price for the West Transmission line Project is to be in place by April 19,
2024, with loan certification occurring by May 1, 2024. The CMAR is intending to put out
a bid package for materials procurement (pipe and valves) in mid-March to obtain more
accurate pricing for the GMP prior to the deadline.
Highlights of upcoming milestones include:
•March 10 & 17, 2024: Advertise materials procurement package for bid
•March 29, 2024: open bids on materials procurement package
2
• April 19, 2024: Final GMP established and contract amendment prepared for City
approval (this is the City Council agenda request deadline for the May 7, 2024 council
meeting)
• April 30, 2024: City Council Agenda Session (approval of GMP and contract amendment
introduced to Council). Also submit GMP/contract amendment to ANRD at this time to
meet loan certification deadline.
• May 7, 2024: City Council formally approves final GMP and contract amendment.
Provide fully executed copy of amendment to ANRD by May 10, 2024.
• June 28, 2024: Loan Closing (could occur before this date as well)
INFORMATION ONLY
3. 24-Inch Water Line Project – ARPA Funded
Staff recommends awarding Bid #24-24 and approving a construction contract with
Goins Enterprises, Inc. in the amount of $3,856,107.50 for construction of an 18-inch
diameter waterline replacing the aged 24-inch waterline from Martin Luther King Blvd. to
S. School Ave. Staff recommends approval of a project contingency in the amount of
$88,182.50.
On February 20, 2024 the City of Fayetteville accepted sealed competitive bids for the
24-inch Waterline Replacement project. Goins Enterprises, Inc. submitted the lowest
bid. All bids are shown here with deductive alternate pricing indicated:
Goins Enterprises, Inc. Brothers Construction, Inc.
Base Bid $6,225,520.00 $6,896,545.00
Base Bid Less Deductive 1 $1,271,812.50 $4,953,707.50 $1,573,037.50 $5,323,507.50
Base Bid Less Deductive 1 & 2 $2,369,412.50 $3,856,107.50 $2,653,320.00 $4,243,225.00
Base Bid Less Deductive 1, 2 & 3 $3,171,350.00 $3,054,170.00 $3,504,370.00 $3,392,175.00
This project was identified for funding from the city’s ARPA grant funds. $4,000,000 was
budgeted originally and the initial project bidding was significantly over-budget. The
project was re-bid with deductive alternates and several value-engineering items.
Therefore, the award recommendation is to remove deductive alternates 1 and 2
resulting in Goins contract price of $3,856,107.50 with an additional project contingency
of $88,182.50.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
3
4. 24-inch Waterline Garver Engineering Amendment no. 1
The City of Fayetteville operates a 24-inch diameter water transmission main that runs
approximately 2.3-miles from S. School Avenue near Tyson Mexican Original westerly
to Interstate-49, thence northerly to Martin Luther King Jr. Blvd. Portions of this Ductile
Iron line were installed in the 1960’s through the 1980’s and is in a corrosive shale-soil
environment. The line has experienced frequent leaks and disrupted service in the area.
Based on the City’s current water master plan and water model, the size of this line can
be reduced and still meet the existing and future demands of this area. Therefore, this
project will consist of replacements with 18-inch diameter waterline.
Design and permitting is completed and the project bids were initially very high resulting
in value engineering adjustments and a re-bidding of the project with deductive
alternates to remove scope and stay within budget.
Amendment No. 1 will provide funds to cover additional bidding services as well as
provide funding for construction phase services such as assistance with contractor
questions in-field, change orders, testing, progress meetings, as-built plan preparation,
and project closeout. The additional fees are hourly not-to-exceed in the amount of
$55,710.00. Field inspection services and quantity tracking will be performed directly by
city Water/Sewer staff to reduce costs.
Staff recommends approval of Amendment No. 1 to the engineering services agreement
with Garver, LLC. construction phase services associated with the 24-inch waterline
replacement project in an amount not to exceed $55,710.00.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
NEW BUSINESS:
5. Budget Adjustment from Closing Purchase Orders
Two capital projects from 2022 and 2023 are complete, and the Utility is intending to close the
purchase orders with those projects.
Purchase order 2023-0205 is to Structural Preservation Systems, LLC, for $10,547,837. This
was for the 48-inch sewer repair under I-49. The project was complete ahead of time, and there
is $822,618 remaining.
Purchase Order 2022-0392 is to Goodwin & Goodwin, Inc., for service line replacements in the
Skyler Subdivision. This project is complete, and there is $160,422 remaining.
These remaining funds will be used for additional capital projects.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
4
6. 120 Water Item
EPA revised the Lead and Copper Rule in 2021. This rule is known as the Lead and
Copper Rule Revisions (LCRR). It improves the protection of children and communities
from lead exposure by sampling schools and daycare facilities, removing lead service
lines, and empowering communities through public education. The LCRR establishes a
compliance deadline of October 16, 2024, for water systems to complete their initial
service line inventories.
A formal selection committee meeting was held on February 9, 2024 where 120Water
was selected (RFQ 24-01, Selection #5) to provide professional services for data
mining, inventory databasing, reporting, notifications, and mapping to support the City’s
effort towards compliance with the fall deadline. The contract will be structured as a
“software as a service” contract since the database and mapping will be cloud-based,
hosted by 120Water as software provider. The upfront setup costs are built into the
annual pricing, which is based on size of system as measured by customer connections
(50,000+ for Fayetteville). The cost of this contract will be $55,000.00 per year for a 2-
year term. During 2025 it is anticipated that EPA will give more detailed information
regarding future regulations related to Lead and Copper. That guidance will be used to
determine if this contract should be amended, extended, or ended.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
7. 2024 Water Service Line Replacements
Small diameter water service line leaks between city mains and city meters are cause
for much water loss as well as staff time performing repairs. The problematic existing
service lines are made from a plastic pipe material (PE tubing) which has displayed
frequent breaking/leaking problems throughout West Fayetteville. The City changed
requirements to prohibit this material several years ago, now requiring coated copper
service lines. However, many of these plastic lines are still in place as they were
prevalent in the 90’s and 2000’s.
In 2022/2023 a service line replacement project proved very successful (Bid 22-26,
Resolution 97-22). The Water/Sewer division desires to replicate this project in another
area of town in 2024, namely the Rupple Row subdivision near Rupple Rd. and
Persimmon Street. Furthermore, the contract will be bid with renewal options and terms
similar to our existing cured in place pipe and manhole rehabilitation projects. This will
allow the Water/Sewer division to continue to pursue service line replacements in the
coming years where leaks are most prevalent. Olsson was selected via RFQ# 24-01 to
provide professional services for preparation of plans and specifications for water
service line replacements in 2024.
INFORMATION ONLY
5
8. Amend Drying as a Service (DaaS) Agreement
There is an amendment with two items that the Utilities Department request to be added to the
Griffin Residuals Drying as a Service (DaaS) Agreement.
The City of Fayetteville, Jacobs Engineering, and Griffin Residuals have been working this past
year to install a biosolids dryer to replace the one that experienced catastrophic failure on
December 13, 2021.
Staff will discuss the Amendment with Committee.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR APPROVAL
9. Bid 24-26 Noland Influent Pump Station Pumps
The Noland Water Resource Recovery Facility (WRRF) has six (6) submersible pumps at its
influent pump station (IPS). All the pumps are currently operational, but staff has the pumps on
a CIP replacement schedule to replace 2 pumps per year for the next 3 years. The Noland
influent pump station is extremely critical, and it’s within the City’s best interest to replace these
pumps before they fail or have issues due to old age.
The City solicited formal bids for this replacement pump per Bid 24-26, and Jack Tyler
Engineering was the only bidder that met all the specifications and requirements. Staff
recommends awarding Bid 24-26 and authorizing the purchase of two submersible pumps for
the Noland influent pump station from Jack Tyler Engineering, Inc. in the amount of $200,053.30
plus applicable taxes and freight charges. This purchase will replace two of the six influent
pumps to ensure the Noland influent pump station stays fully operational. Freight
is estimated at $2,000.00 for both pumps, and taxes are estimated at $19,700.20 for a total
estimated cost of $221,753.50.
Funds are available in the WWTP Plant Pumps and Equipment account within the Water &
Sewer fund.
10. Bid 24-27 Environmental Technical Sales – Noland Aeration Drain Pump
The Noland Water Resource Recovery Facility (WRRF) has one single drain pump for the
aeration basin. It is part of the original treatment plant and has been out of operation for a few
years. Staff have used portable pumps when needed, but the original aeration basin pump
needs to be replaced so that there is a permanent pumping capability for the aeration basin.
The City solicited formal bids for this replacement pump per Bid 24-27, and Environmental
Technical Sales, Inc. was the lowest bidder that met all the specifications and requirements.
Staff recommends awarding Bid
24-27 and authorizing the purchase of a drain pump for the Noland aeration basin from
Environmental Technical Sales, Inc. in the amount of $37,755.00 plus applicable taxes and
freight charges. This purchase will replace the original drain pump for the aeration basin, so
operations staff don’t have to use portable pumps. Freight is estimated at $1,000.00, and taxes
are estimated at $3,778.61 for a total estimated cost of $42,533.61.
Funds are available in the WWTP Plant Pumps and Equipment account within the Water &
Sewer fund.
6
PRESENTATIONS
January WWTP Report
ATTACHMENTS
January 2024 WWTP Report
24-inch Waterline Bid Tabulation
24-inch Waterline Agreement – Goins
24-inch Waterline Agreement – Garver
Structural Preservation Purchase Order
Goodwin & Goodwin Purchase Order
120 Water Quotation
120 Water Draft Contract
Griffin Residuals DaaS Agreement
Bid Tabulation Noland WWTP Influent Pumps
Bid Tabulation Noland WWTP Aeration Drain Pump
ADJOURN
Next Water, Sewer, Solid Waste Committee meets on
Tuesday, April 9th, 2024, at 5:30 p.m.
City of Fayetteville
Client Monthly Report for January 2024
Prepared by:
February 20, 2024
Client Monthly Report City of Fayetteville
Woolsey Wet Prairie
44-acre Wetland Mitigation Site
Fayetteville, AR
January 2024 Monthly Report
Jacobs - Fayetteville i
Table of Contents
1.Executive Summary.................................................................................................................................... 2
1.1 Fayetteville Team ...................................................................................................................................................... 2
1.2 Compliance .................................................................................................................................................................. 2
1.3 Financials ...................................................................................................................................................................... 3
Table 1.1: Year to Date Budget .......................................................................................................................................... 3
2.Plant Operations ......................................................................................................................................... 4
2.1 Noland ............................................................................................................................................................................ 4
2.2 West Side ....................................................................................................................................................................... 4
3.Laboratory .................................................................................................................................................... 5
4.Biosolids Management Site ..................................................................................................................... 6
4.1 Biosolids Operations ................................................................................................................................................. 6
4.2 Water Treatment Residuals .................................................................................................................................... 6
4.3 Dryer Operation .......................................................................................................................................................... 6
4.4 Revenue ......................................................................................................................................................................... 8
Table 4.1: Revenue generated from the BMS .............................................................................................................. 8
5.Maintenance ................................................................................................................................................ 9
5.1 West Side ....................................................................................................................................................................... 9
5.2 Noland ............................................................................................................................................................................ 9
5.3 Lift Stations ............................................................................................................................................................... 10
5.4 Key Performance Indicators/Measures .......................................................................................................... 10
Figure 5-1: Labor Hours by Work Order Type ........................................................................................................... 10
Figure 5-2: Work Order Count by Type......................................................................................................................... 11
5.5 Capital Improvement Projects (CIP) ................................................................................................................ 12
6.Industrial Pretreatment ......................................................................................................................... 13
Table 6.1: Industrial Pretreatment Program (IPP) Revenue Summary .......................................................... 13
7. Safety .......................................................................................................................................................... 15
8.Woolsey Wet Prairie ................................................................................................................................ 16
Appendix A: Noland Effluent & Influent Report ............................................................................................ 17
Appendix B: West Side Effluent & Influent Report ........................................................................................ 18
Appendix C: Jacobs Employee Vacancy and Project Status Report .......................................................... 19
January 2024 Monthly Report
Jacobs - Fayetteville ii
1. Executive Summary
1.1 Fayetteville Team
During the month, the Fayetteville team consisted of 47 full-time staff members. Of the 51 authorized employees, 95.7%
of the labor hours are dedicated to the Fayetteville Projects and 4.3% labor hours are dedicated to other Jacobs Projects.
There were 4 open recruitments during the month, and the Regional Support team assisted with work order backlog, capital
improvement projects, and various special projects. The Employee Vacancy and Project Status Report is presented in
Appendix C.
1.2 Compliance
1.2.1 Noland and West Side
The Noland and West Side facilities met all discharge permit parameter limits throughout January and there were no
sanitary sewer overflows reported at the facilities or at the lift stations.
The January effluent discharge limitations and data summary tables are presented in Appendices A-B.
January 2024 Monthly Report
Jacobs - Fayetteville iii
1.3 Financials
The month ended with a negative financial variance. The non-labor and labor expenses were under budget.
The January YTD projected budget variance is ($86,931) as seen in the Budget Performance Table below.
Table 1.1: Year to Date Budget
January 2024 Monthly Report
Jacobs - Fayetteville iv
2. Plant Operations
The Noland and West Side Water Resource Recovery Facilities (WRRF) effluent discharges were 100% in compliance with
the National Pollutant Discharge Elimination System (NPDES) permits.
Details of effluent quality and influent loadings are shown in Appendices A and B. The Summary tables for effluent permit
parameter limitations were updated to reflect January effluent discharge limitations.
Noland and West Side each received 2.9 inches of rain and the average temperature for the month was 49°F.
Note: temperature obtained from https://www.timeanddate.com/weather/usa/fayetteville-ar/historic?month=4&year=2023
2.1 Noland
The facility treated a total of 140.7 million gallons. Influent flows peaked on the 23rd at 18.88 million gallons/day (MGD).
Daily average influent flow was 7 MGD.
The Noland facility is continuing to see an increase in both flow and BOD (Biochemical Oxygen Demand) loading.
A break in the scum line from the Secondary Clarifiers was isolated and repaired. During this time freezing temperatures
halted scum removal from the Secondary Clarifiers. Scum froze in the troughs and the skimmer blades were removed to
prevent damage to the equipment.
The emulsion carry water system was reinstituted for the Noland belt filter press. This system aims to reduce polymer usage
while providing a more consistent cake for disposal.
2.2 West Side
The West Side facility treated 311.67 million gallons with a peak effluent flow of 17.02 MGD on the 23rd. Average daily
flows were calculated at 10.06 MGD.
At the West Side facility, the transfer from Bio Unit #2 to Bio Unit #1 was a success. Utilizing on-site equipment, the online
basin was drained back through the Flow Equalization Basin and returned through the treatment process. The use of available
equipment saved thousands of dollars in equipment rentals, materials, and labor hours over the use of portable pumps.
No compliance issues were observed during the month of January.
January 2024 Monthly Report
Jacobs - Fayetteville v
3. Laboratory
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 first quarter WET testing for both species;
Ceriodaphnia Dubia, water flea, for survival and reproduction and the Pimephales promelas, 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%.
Whole Effluent Toxicity (WET) samples were collected for the Goose Creek outfall at the West Side facility. Samples were
sent to Cove Environmental in Stillwater, OK for analysis. Goose Creek passed first quarter WET testing for both species;
Ceriodaphnia Dubia, water flea, for survival and reproduction and the Pimephales promelas, fathead minnow, for growth
assessment, showing neither lethal nor sublethal effects, in the full dilution series outlined in the permit of 100%, 74%, 56%,
42%, 32% and 0%.
The annual Water Treatment Residual (WTR) sample was collected and sent to Geotechnical & Testing Services (GTS) for the
following parameters: pH, Total Solids, Potassium, Phosphorus, Sodium Absorption Ratio (SAR), and metals - Arsenic,
Cadmium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Zinc, Aluminum, and Iron. The SAR data is a measure of
the ability of the soil to allow proper water drainage and root growth. An SAR below 13 indicates a well aerated soil. Results
were all statistically within scope and exhibit no unusual trends.
Noland belt filter press cake, and West Side belt filter press cake samples were collected and analyzed for percent Total
Solids analysis and 503 metals - Arsenic, Cadmium, Chromium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, and
Zinc. All results were statistically within scope and exhibited no unusual trends.
January 2024 Monthly Report
Jacobs - Fayetteville vi
4. Biosolids Management Site
4.1 Biosolids Operations
The Noland and West Side WRRF’s produced 1,905 wet tons of belt-filter-pressed biosolids. Approximately 887 tons were
partially dried in solar houses and or processed through the Griffin sludge dryer. Roughly 609 partially dried tons were
disposed of at the landfill. The water removed, or the difference between tonnage dried in the solar houses and tonnage
landfilled, calculates to 278 tons. By partially drying biosolids before landfill disposal, it’s estimated that $13,397 were saved
in tipping fees. The landfill expense for the month of January is estimated to be $78,427.
4.2 Water Treatment Residuals
The BMS continued to accept all Water Treatment Residuals (WTR) when conditions permitted. In January, the freezing
temperatures and saturated application zones limited our ability to land apply consistently. However, BMS was still able to
accomplish the application of 297 tons of WTR, 17 dump truck loads.
4.3 Dryer Operation
The air compressor used for aligning and tensioning the dryer’s belt failed on January 6th. The compressor was
approximately 10 years old and was repurposed from the Fenton drying operation for use in the new Griffin drying operation.
On January 7th a replacement was installed and normal drying operations resumed.
On January 8th, Northwest Arkansas experienced a severe freezing event. For approximately 7 days, temperatures remained
well below freezing. In preparation, the BMS team sealed the new dryer building to maintain the equipment inside. The team
also prepared the outside plumbing, pump, and cooling tower. Once temperatures rose high enough to pressure check the
dryer system, an inspection was done before resuming drying operations. The BMS team found only one 2” PVC line
underneath the cooling tower that had ruptured due to the freezing temperatures. The 2” PVC line was quickly repaired, and
additional heat trace and insulation were installed under the cooling tower.
January 2024 Monthly Report
Jacobs - Fayetteville vii
Due to the Fayetteville application of hauling and dumping sludge, the sludge is subjected to ambient temperatures when
transported and held on-site at the BMS. Griffin Residuals noted this and requested a heated sludge room for material
storage. The heated storage room allows the BMS team to store material at room temperature for processing. When the
temperature of the material entering the dryer is excessively cold, the dryer uses more natural gas to process the biosolids.
By controlling the temperature, the natural gas usage is much lower and the likely hood of making a Class A fertilizer is much
higher. The heated storage room was constructed in solar house E and the temperature is controlled with torpedo heaters.
Drying operations were planned to resume on January 24th but due to physical aspects of winter production, timing logistics
for hauling, and the design of the Griffin dryer, there is an insufficient spread of biosolids on the dryer’s belt. When the solids
are not spreadable and result in larger particles, the dryer temperature is not high enough to make Class A biosolids.
January 2024 Monthly Report
Jacobs - Fayetteville viii
Picture 1 below shows the Griffin design for spreading bio-solids on the drying belt. The auger behind the material is
designed to spread a thin layer of biosolids across the width of the drying belt as the drying belt passes underneath. Instead
of evenly and thinly spreading onto the drying belt, the material sticks to itself and “balls-up” as the auger rotates.
Picture 2 shows the material that does get past the spreading auger. This material is supposed to be in small particle form
for drying and should be spread across as a thin layer of material. Instead, it is left in larger pieces and is not evenly spread.
4.4 Revenue
The staff land applied 320 tons of WTR this month. There was no fertilizer product sold or received during the month.
Table 4.1: Revenue generated from the BMS
Product Tons Sold/Received Revenue Generated
Hay 0 $0
Fertilizer 0 $0
Water Treatment Residuals 296.97 $9,489.75
January 2024 Monthly Report
Jacobs - Fayetteville ix
5. Maintenance
5.1 West Side
In the month of January, maintenance and operations succeeded in bringing West Side Bio Unit #1 back into service. The
anoxic mixer blade for this unit experienced a weld break on the impeller. The mounting plate was removed and taken to a
local fabrication shop to be rewelded. The reconditioned impeller blade was mounted and the asset returned to service.
5.2 Noland
During a freezing weather event at Noland, a scum line ruptured and the maintenance team excavated the line to find a
break in the line approximately 1” wide by 7” long. The line was repaired and put back into service.
January 2024 Monthly Report
Jacobs - Fayetteville x
5.3 Lift Stations
In early January, the Channel Monster™ at Hamestring Lift Station #7 was pulled and found to contain large pieces of debris
causing the grinder teeth to cease functioning. Maintenance staff contracted a local crane company to pull the equipment
and the material was cleared. The equipment was then successfully returned to service.
5.4 Key Performance Indicators/Measures
Figure 5-1: Labor Hours by Work Order Type
154
22
106048
570
12 0 administrative
corrective maintenance
emergency
corrective maintenance non
emergency
corrective maintenance from
pm/pdm
preventive maintenance
project
safety
January 2024 Monthly Report
Jacobs - Fayetteville xi
Figure 5-2: Work Order Count by Type
35, 2%6, 0%
94, 5%
14, 1%
1676, 92%
1, 0%0, 0%administrative
corrective maintenance
emergency
corrective maintenance non
emergency
corrective maintenance from
pm/pdm
preventive maintenance
project
safety
January 2024 Monthly Report
Jacobs - Fayetteville xii
5.5 Capital Improvement Projects (CIP)
5.5.1 Planned Projects
5.5.1.1 2024 Budget Estimates
New capital improvement priorities for 2024 were identified and budget estimates have been generated. Jacobs
staff is actively soliciting quotes for the first round of projects.
5.5.1.2 Lift Stations
A purchase order was issued for the purchase of a new pump for Stonebridge Lift Station # 13. This project was
originally approved in late 2023.
A proposal to repair pump # 4 at the Hamestring Lift Station was presented to the Water & Sewer Committee.
January 2024 Monthly Report
Jacobs - Fayetteville xiii
6. Industrial Pretreatment
Annual training and holiday schedules were sent to waste haulers for reference throughout the year to schedule the hauling
of waste to the WRRF.
Wolfspeed was issued a permit modification for their permit FAY 18. A modification was needed to reflect the necessary
changes resulting from moving locations within Research Park.
Elkhart’s permit FAY 03 was renewed. Local limitation parameters were added to this permit and production-based
limitations were recalculated using up-to-date data.
Monthly surcharge and waste hauler reports were completed and sent to the City for billing. For revenue generated from the
IPP, see Table 6.1, Figure 19, and Figure 20. IPP Revenue information is presented below.
Table 6.1: Industrial Pretreatment Program (IPP) Revenue Summary
REVENUE
$89,671.12 Surcharges on December data
$1,650.00 Fees from hauled waste accepted in January
$0.00 Other fees paid in January
$0.00 Fines assessed in January
Elkhart 3 pH exceedances (2 NOVs) Violations on December data
January 2024 Monthly Report
Jacobs - Fayetteville xiv
Figure 19: Revenue Generated from the Industrial Pretreatment Program via Surcharges, Fees, and Fines
Figure 20: Number of hauled waste loads, by hauler
$-
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
Revenue Generated
Industrial Pretreatment Program
2023 Monthly Surcharge Fees plus Hauled Waste Fees
2024 Monthly Surcharge Fees plus Hauled Waste Fees
0
10
20
30
40
50
60
70
Hauled Waste Summary
2023 APT 2024 APT 2023 BJ 2024 BJ
2023 CIC 2024 CIC 2023 Total 2024 Total
January 2024 Monthly Report
Jacobs - Fayetteville xv
7. Safety
The project welcomed the new Regional and Site Safety Professional, Mike Muenich, to the team. The Safety Team Standard
Operating Procedures and Expectations document was updated. The lab and operations departments began an investigation
into alternate test kits for ammonia analysis to eliminate hazardous ingredients, specifically mercury, from the waste stream.
Ladder inspection training was conducted for the Noland facility on January 26th to comply with Jacobs’ new ladder policy.
Additional training for West Side and BMS will be completed in early February. CPR and AED training was conducted on
January 30th for Jacobs team members who were nearing training frequency expiration. Additional personal Ozone monitors
were purchased and deployed to Noland personnel for working near the Ozone channel and injection skid. No recordable
incidents or injuries were reported in January. As of February 4th, the project has gone 131 days without a recordable incident.
January 2024 Monthly Report
Jacobs - Fayetteville xvi
8. Woolsey Wet Prairie
Wednesday January 3rd, the new year began with Ozark Ecological Restoration, Inc. (OERI) and Eco, Inc. taking advantage of
favorable weather to successfully perform Woolsey’s 17th prescribed burn without incident. Having all site preparations
completed by the end of November helped facilitate opportunities for mid-winter burn activity, which is particularly helpful
with keeping wildlife mortalities low. This year, U of A herpetology students found a single snake mortality attributed to the
controlled burn activity. Additionally, completing the burn early in the calendar year allows for greater volumes of late-
winter and early spring rainfall to be retained within wetland cells. Capturing this seasonal window of precipitation may prove
particularly helpful for promoting beneficial mud-flat habitat. This year the project management team will pay particular
attention to this niche habitat as it will likely prove critical for attracting migratory shorebird activity with sandpipers, ibis,
yellowlegs and other waterfowl in the spring months of April and May.
January also experienced two snowfall events that blanketed Woolsey Wet Prairie with an estimated 6-inches of snow cover
in January. Melting snow, and over 2.5-inches of January rainfall, provided beneficial saturation to Woolsey soils and helped
alleviate the relatively dry 2023 fall-to-winter conditions.
Appendix A: Noland Effluent Report
White River Average Daily Effluent Report
Flow CBOD CBOD
Load TSS TSS Load Total P Total P
Load NH3 NH3
Load
D.O
(min)pH (min)pH
(max)
Fecal
Coliform
Geo Mean
Month MGD mg/L Lbs mg/L Lbs mg/L Lbs mg/L Lbs mg/L SU SU
CFU/100
mL
Permit Limit
Dec-Mar 20.0 2,102 15.0 1,576 1.0 105.0 4.0 420 >8.7 >6.0 <9.0 1,000
Jan 2024 4.539 2.3 85 <1.7 <64 <0.1 <4.5 0.09 11.7 16.1 7.4 7.6 27
Dec 2023 4.478 <2.1 <78 <1.7 <61 <0.1 <5.4 0.11 1.7 16.8 7.4 7.7 <22
Nov 2023 5.484 2.4 113 <2.2 <103 0.3 12.1 0.06 3.0 14.5 7.4 7.6 112
Oct 2023 5.419 2.8 126 <1.8 <83 <0.2 <9.5 0.08 <2.2 14.3 7.4 7.6 <122
Sep 2023 5.459 2.2 100 <1.1 <52 0.1 6.7 0.12 1.7 14.4 7.5 7.6 33
Aug 2023 4.579 2.8 112 <1.0 <42 <0.2 <6.3 0.06 <1.0 7.9 7.5 7.7 127
Jul 2023 3.949 3.3 119 <1.3 <50 0.4 12.9 0.06 2.0 12.6 7.1 7.7 63
Jun 2023 5.509 3.2 148 2.8 128 0.3 12.8 <0.03 3.0 14.0 7.0 7.7 31
May 2023 6.131 2.9 144 <1.4 <70 0.4 22.1 0.04 5.8 14.8 7.0 7.6 21
Apr 2023 6.275 3.5 186 <1.9 <103 <0.1 <7.4 <0.05 4.2 14.2 7.4 7.6 37
Mar 2023 7.907 3.0 201 <1.5 <101 <0.1 <8.8 0.07 4.4 13.3 7.4 7.5 <37
Feb 2023 7.466 3.6 222 3.1 197 0.2 11.1 0.05 7.1 13.6 7.4 7.5 43
Jan 2023 6.447 3.8 205 2.6 140 0.1 8.0 0.30 5.0 14.3 7.4 7.6 26
White River Average Daily Effluent - Minerals Report
TDS TDS Load
Sulfate
Total As
So4
Sulfate Total
Load As So4
NO3
(Nitrate)
NO3
(Nitrate)
Load
Month mg/L Lbs/dy mg/L Lbs/day mg/L Lbs
Permit Limit
Dec-Mar 500 52,542 119 12505 report report
Jan 2024 326 11,390 54 1,954
Dec 2023 393 16,327 62 2,435
Nov 2023 335 15,702 54 2,531
Oct 2023 353 16,829 49 2,289
Sep 2023 332 14,655 49 2,007
Aug 2023 383 18,164 68 3,335
Jul 2023 362 11,092 61 1,948
Jun 2023 358 17,502 100 5,271
May 2023 360 16,754 52 2,450
Apr 2023 323 19,575 56 3,423
Mar 2023 308 24,645 60 3,568
Feb 2023 368 19,585 63 3,310
Jan 2023 314 17,522 59 3,282
Appendix A-1: Noland Influent Report
Flow Hydraulic
Loading
CBOD
Load
Orangic
Loading
TSS
Loading
TSS
Loading
PO4
Loading
PO4
Loading
NH3
Loading
NH3
Loading
Month MGD %Lbs %Lbs %Lbs %Lbs %
Design
Annual Average 12.60 29,666 23,198 765 2,250
Jan 2024 7.00 55.5 20,414 68.8 8,983 38.7 255 33.4 1,002 44.5
Dec 2023 5.29 42.0 14,114 47.6 10,303 44.4 208 27.3 805 35.8
Nov 2023 4.62 36.7 13,933 47.0 9,536 41.1 215 28.1 928 41.3
Oct 2023 4.68 37.1 11,217 37.8 7,126 30.7 201 26.2 873 38.8
Sep 2023 4.90 38.9 15,241 51.4 8,882 38.3 222 29.0 1,047 46.5
Aug 2023 4.49 35.6 12,396 41.8 8,602 37.1 201 26.3 840 37.3
Jul 2023 4.42 35.0 10,145 34.2 7,494 32.3 165 21.6 662 29.4
Jun 2023 4.11 32.6 12,964 43.7 8,088 34.9 182 23.8 730 32.5
May 2023 5.39 42.8 12,756 43.0 7,321 31.6 210 27.4 760 33.8
Apr 2023 4.68 37.1 15,926 53.7 8,507 36.7 227 29.7 917 40.8
Mar 2023 9.08 72.1 17,506 59.0 10,561 45.5 286 37.4 1,098 48.8
Feb 2023 8.08 64.1 14,485 48.8 8,700 37.5 263 34.4 982 43.6
Jan 2023 6.17 49.0 13,140 44.3 7,756 33.4 217 28.4 760 33.8
Appendix B: West Side Effluent Report
Goose Creek Average Daily Effluent Report
Flow CBOD CBOD
Load TSS TSS
Load Total P Total P
Load NH3 NH3
Load DO (min)pH (min)pH
(max)
Fecal
Coliform
Geo Mean
Month MGD mg/L Lbs mg/L Lbs mg/L Lbs mg/L Lbs mg/L SU SU
MPN/100
mL
Permit Limit
Dec-Mar 10.0 13.3 1,109.2 15.0 1,251 1.0 83.4 3.7 341.9 >8.7 >6.0 <9.0 1,000
Jan 2024 10.1 <1.9 <173.0 1.0 84 <0.1 5.1 <0.1 <6.5 10.6 7.1 7.6 <5
Dec 2023 8.4 <1.9 <177.9 1.0 72 <0.1 4.7 <0.1 <7.1 10.1 7.4 7.6 <6
Nov 2023 8.1 <1.9 <199.2 1.0 69 <0.1 3.5 0.1 9.8 9.4 7.4 7.7 <6
Oct 2023 8.3 <2.0 <144.5 1.0 70 <0.1 4.5 0.0 3.7 8.9 7.2 7.7 <6
Sep 2023 8.3 <1.9 <148.8 1.0 68 <0.1 3.5 <0.0 <3.6 8.6 7.4 7.7 <5
Aug 2023 8.1 <2.3 <127.3 1.0 69 <0.1 3.7 <0.1 <5.7 8.5 7.4 7.8 <8
Jul 2023 8.0 <2.0 <129.0 1.0 65 0.1 6.1 <0.0 <2.8 8.6 7.3 7.8 <14
Jun 2023 7.8 <2.0 <157.3 1.0 64 0.1 7.8 <0.0 <1.9 8.9 7.2 7.7 <13
May 2023 9.0 <2.0 <133.5 1.0 74 <0.1 5.9 <0.0 <1.9 9.3 7.3 7.6 <6
Apr 2023 8.7 <2.0 <138.2 1.0 72 <0.1 5.3 <0.1 <7.8 9.8 7.0 7.4 <7
Mar 2023 13.3 <2.0 <132.2 1.0 103 0.1 8.9 <0.0 <2.5 10.3 6.9 7.4 <5
Feb 2023 11.7 <1.9 <138.6 1.0 103 0.1 7.7 <0.1 <4.9 10.4 7.0 7.4 <5
Jan 2023 9.9 <2.0 <161.7 1.2 104 0.1 7.2 0.3 25.7 7.6 7.1 7.3 <5
Appendix B-1: West Side Influent Report
Flow Hydraulic
Loading BOD Load Orangic
Loading TSS Load TSS
Loading
Total P
Load
PO4
Loading NH3 Load NH3
Loading
Month MGD %Lbs %Lbs %Lbs %Lbs %
Design
Annual Average 10.0 14,595 14,595 584 1,918
Jan 2024 10.1 100.5 10,964 75.1 10,328 70.8 275 47.2 1,263 65.9
Dec 2023 8.4 83.8 11,806 80.9 15,655 107.3 287 49.1 1,231 64.2
Nov 2023 8.1 81.1 12,297 84.3 12,911 88.5 269 46.0 1,394 72.7
Oct 2023 8.3 83.3 11,632 79.7 15,514 106.3 274 46.8 1,363 71.1
Sep 2023 8.3 82.6 10,683 73.2 12,584 86.2 281 48.1 1,377 71.8
Aug 2023 8.1 81.4 10,442 71.5 12,891 88.3 275 47.1 1,312 68.4
Jul 2023 8.0 79.9 9,164 62.8 14,506 99.4 250 42.9 1,253 65.3
Jun 2023 7.8 78.0 10,595 72.6 13,072 89.6 274 46.9 1,261 65.7
May 2023 9.0 90.1 10,842 74.3 12,133 83.1 281 48.1 1,261 65.7
Apr 2023 8.7 87.5 10,393 71.2 11,139 76.3 249 42.6 1,374 71.7
Mar 2023 13.3 133.2 10,374 71.1 14,426 98.8 276 47.3 1,341 69.9
Feb 2023 11.7 117.4 11,289 77.3 11,517 78.9 247 42.3 1,239 64.6
Jan 2023 9.9 99.3 11,398 78.1 10,453 71.6 251 43.0 1,281 66.8
Department Job Title Employee Name Fayetteville % FTE
Admin Project Manager Ryan Harrold 82.00%
Admin Assistant Project Manager Mayo MIller 100.00%
Admin Health, Safety, Compliance Professional Mike Muenich 70.00%
Admin Project Coordinator Brandi Miller-DeWeese 90.00%
Admin Administrative Assistant Christy Taylor 100.00%
Admin Administrative Assistant Kassandra Foster 100.00%
Admin Project Specialist Sarah Garrison 100.00%
BMS BMS Supervisor Peter Burrow 100.00%
BMS Lead Operator Mike Reed 100.00%
BMS Operator I David Dajani 100.00%
BMS Equipment Operator Charlie Boger 100.00%
BMS Equipment Operator Anthony DeJesus 100.00%
BMS Equipment Operator Jerime Dickey 100.00%
BMS Operator In Training Robert Donnell 100.00%
BMS Operator In Training Christopher Cox 100.00%
BMS Operator In Training Jonathan Gueydan 100.00%
BMS Operator In Training Vacant 100.00%
BMS Mechanic Vacant 100.00%
Admin Process & Compliance Supervisor Thom Vinson 90.00%
Admin Environmental Specialist Jeff Hickle 100.00%
LAB Laboratory Director Donna McChristian 90.00%
LAB Industrial Pretreatment Coordinator John Byrd 100.00%
LAB Lead Laboratory Analyst Matt Benton 100.00%
LAB Laboratory Analyst Walter Chodor 100.00%
Maint Maintenance Supervisor Joshua Alleman 100.00%
Maint Lead Mechanic Buddy Carter 95.00%
Maint Lead Electrician Tim Marr 70.00%
Maint Electrician Brian Daniels 100.00%
Maint Mechanic Robert Ingram 100.00%
Maint Mechanic Michael Spohn 100.00%
Maint Mechanic Paul Goolsby 100.00%
Maint Mechanic Rick Dollarhide 100.00%
Maint Mechanic in Training Broc Burus 100.00%
Maint Mechanic in Training David Post 100.00%
Maint Mechanic in Training Caleb Wheeler 100.00%
Maint Utility Worker - Temp Vacant 100.00%
Maint Utility Worker - Temp Vacant 100.00%
Operations Operations Supervisor Shawn Santellanes 100.00%
Operations Lead Operator Travis Patton 100.00%
Operations Operator I Anthony Ramsfield 100.00%
Operations Operator I Justin Sweeney 100.00%
Operations Operator Tom Meunier 100.00%
Operations Operator Chandler Smothers 100.00%
Operations Operator Brittney Doyel 100.00%
Operations Operator In Training Michael Stout 100.00%
Operations Operator In Training Ezra Maglothin 100.00%
Operations Operator In Training Jacob Ratliff 100.00%
SCADA Instruct and Control Tech Christopher Merrit 100.00%
SCADA Instrument & Control Tech Pat Cooley 95.00%
SCADA Instrument & Control Tech Preston Jones 100.00%
SCADA Information & Operational Tech James Mason 50.00%
Authorized Positions = 51.0
Filled Positions = 47.0
Filled FTE's= 45.3
REGIONAL SUPPORT and SPECIAL PROJECTS (Performed in scope)
Area Reason Name Hours
SCADA Scada Support Scada Regional Support 36.5
Maintenance Maintenance, Reporting, and IT Related Activities Various Regional Staff 96.5
BMS Dryer Installation Project Staff & Regional Support 127.5
Noland Master Plan Data Request and Sampling Planning Staff 0
Appendix C. Employee Vacancy and Project Status Report
Contract Amendment No. 1 1 of 5
24” Water Line Rehabilitation Garver Project No. 21W01161
AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
City of Fayetteville, Arkansas
Project No. 21W01161
CONTRACT AMENDMENT NO. 1
This Contract Amendment No. 1 (“Amendment”), effective on the date last written below, shall amend
the original contract between the City of Fayetteville, Arkansas (Owner) and Garver, LLC (Garver),
dated July 5, 2022 referred to in the following paragraphs as the “Agreement.”
This Amendment adds professional services for the 24” Water Line Rehabilitation.
The Agreement is hereby modified as follows:
EXHIBIT A – SCOPE OF SERVICES
SECTION 8 – BIDDING SERVICES
The following language modifies Section 8 Bidding Services of Exhibit A (Scope of Services) as follows:
Revise and add the following:
8.1. Initial Bidding Services
During the initial bidding phase of the project, ENGINEER will:
A. Prepare and submit advertisement for bids to the CITY OF FAYETTEVILLE for publication
by the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will pay advertising costs
outside of this contract.
B. Provide construction contract documents to the CITY OF FAYETTEVILLE. The CITY OF
FAYETTEVILLE will provide construction contract documents to prospective bidders.
C. Support the contract documents by preparing addenda as appropriate. The CITY OF
FAYETTEVILLE will issue addenda to prospective bidders.
D. Participate in a pre-bid meeting.
E. Attend the bid opening.
F. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid
tabulation.
G. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and
contractor. The construction contracts will include addenda, and the ENGINEER will not
conform the construction documents to reflect addenda.
8.2. Re-Bidding Services
During the second bidding phase of the project, ENGINEER will:
A. Make design modifications to both plans and specifications. Provide revised construction
contract documents to the CITY OF FAYETTEVILLE. The CITY OF FAYETTEVILLE will
provide construction contract documents to prospective bidders.
B. Update SWPPP to accommodate the expanded project disturbance area.
C. Support the contract documents by preparing addenda as appropriate. The CITY OF
FAYETTEVILLE will issue addenda to prospective bidders.
Contract Amendment No. 1 2 of 5
24” Water Line Rehabilitation Garver Project No. 21W01161
D. Participate in two pre-bid meetings.
E. Attend the bid opening.
F. Evaluate bids and recommend award. The CITY OF FAYETTEVILLE will prepare the bid
tabulation.
G. Prepare construction contracts for execution by the CITY OF FAYETTEVILLE and
contractor. The construction contracts will include addenda, and the ENGINEER will not
conform the construction documents to reflect addenda.
SECTION 9 – CONSTRUCTION PHASE SERVICES
The following language modifies Section 9 Construction Phase Services of Exhibit A – Scope of
Services as follows:
Omit the following:
9. CONSTRUCTION PHASE SERVICES – Not Used (Future Contract Amendment)
Add the following:
9. CONSTRUCTION PHASE SERVICES
During the construction phase of work, Garver will accomplish the following:
A. Issue a Notice to Proceed letter to the Contractor and attend preconstruction meeting.
B. Attend up to 9 progress/coordination meetings with the Owner/Contractor.
C. Evaluate and respond to construction material submittals and shop drawings. Corrections
or comments made by Garver on the shop drawings during this review will not relieve
Contractor from compliance with requirements of the drawings and specifications. The
check will only be for review of general conformance with the design concept of the Project
and general compliance with the information given in the contract documents. The
Contractor will be responsible for confirming and correlating all quantities and dimensions,
selecting fabrication processes and techniques of construction, coordinating his work with
that of all other trades, and performing his work in a safe and satisfactory manner. Garver’s
review shall not constitute approval of safety precautions or constitute approval of
construction means, methods, techniques, sequences, procedures, or assembly of various
components. When certification of performance characteristics of materials, systems or
equipment is required by the Contract Documents, either directly or implied for a complete
and workable system, Garver shall be entitled to rely upon such submittal or implied
certification to establish that the materials, systems or equipment will meet the performance
criteria required by the Contract Documents.
D. Issue instructions to the Contractor on behalf of the Owner and issue necessary
clarifications (respond to RFIs) regarding the construction contract documents.
E. Review the Contractor’s progress payment requests based on the actual quantities of
contract items completed and accepted, and will make a recommendation to the Owner
regarding payment. Garver’s recommendation for payment shall not be a representation
that Garver has made exhaustive or continuous inspections to (1) check the quality or exact
quantities of the Work; (2) to review billings from Subcontractors and material suppliers to
substantiate the Contractor’s right to payment; or (3) to ascertain how the Contractor has
used money previously paid to the Contractor.
F. Maintain a set of working drawings and prepare and furnish record drawings.
Contract Amendment No. 1 3 of 5
24” Water Line Rehabilitation Garver Project No. 21W01161
G. Provide full-time resident construction observation services for the 260-calendar-day
construction contract performance time. The proposed fee is based on approximately 8
hours per day, 5 days per week, during the 260-calendar-day construction contract
performance time, but the hours per day may shift due to construction activities and
schedules. If the construction time extends beyond the time established in this agreement
or if the Owner wishes to increase the time or frequency of the observation, the Owner will
pay Garver an additional fee agreed to by the Owner and Garver.
H. Provide up to 14 hours of survey crew time for field checking quantities, contractor’s layout,
etc.
I. When authorized by the Owner, prepare change orders for changes in the work from that
originally provided for in the construction contract documents. If redesign or substantial
engineering or surveying is required in the preparation of these change order documents,
the Owner will pay Garver an additional fee to be agreed upon by the Owner and Garver.
J. Participate in substantial completion Project inspection and prepare punch list.
K. Participate in final inspection, review final Project closing documents, and submit final pay
request.
Construction observation services will be provided by Garver’s Resident Project Representative,
who will provide or accomplish the following:
A. Consult with and advise the Owner during the construction period.
B. Coordinate with the firm providing construction materials quality assurance testing under
separate contract with the Owner.
C. Maintain a file of quantities incorporated into the work, test reports, certifications, shop
drawings and submittals, and other appropriate information.
D. Maintain a Project diary which will contain information pertinent to each site visit.
The proposed fee for Construction Phase Services is based on a 260-calendar-day construction
contract performance time. If the construction time extends beyond the time established in this
agreement, and the Owner wants Garver to continue the applicable Construction Phase Services,
the Owner will pay Garver an additional fee agreed to by the Owner and Garver.
In performing construction observation services, Garver will endeavor to protect the Owner against
defects and deficiencies in the work of the Contractor(s); but Garver cannot guarantee the performance
of the Contractor(s), nor be responsible for the actual supervision of construction operations or for the
safety measures that the Contractor(s) takes or should take. However, if at any time during
construction Garver observes that the Contractor’s work does not comply with the construction
contract documents, Garver will notify the Contractor of such non-compliance and instruct him to
correct the deficiency and/or stop work, as appropriate for the situation. Garver will also record the
observance, the discussion, and the actions taken. If the Contractor continues without satisfactory
corrective action, Garver will notify the Owner immediately, so that appropriate action under the
Owner’s contract with the Contractor can be taken.
SECTION 12 – PAYMENT
The following language modifies Section 12 Payment of Exhibit A – Scope of Services as follows:
Modify the following table:
Contract Amendment No. 1 4 of 5
24” Water Line Rehabilitation Garver Project No. 21W01161
WORK DESCRIPTION FEE AMOUNT FEE TYPE
PROJECT MANAGEMENT AND
ADMINISTRATION $7,700
HOURLY RATE +
EXPENSES
SURVEYS $46,500
ENVIRONMENTAL $19,800
CONCEPTUAL DESIGN $54,800
FINAL DESIGN $113,700
INITIAL BIDDING SERVICES $12,500
RE-BIDDING SERVICES $22,000
CONSTRUCTION PHASE SERVICES $290,000
TOTAL FEE $567,000
Terms and conditions of the Agreement not modified herein remain unchanged and in full force and effect.
[Signature Page to Follow]
Contract Amendment No. 1 5 of 5
24” Water Line Rehabilitation Garver Project No. 21W01161
This Amendment may be executed in two (2) or more counterparts each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Owner and Garver have executed this Amendment effective as of the date
last written below.
CITY OF FAYETTEVILLE, ARKANSAS GARVER, LLC
By: By:
Signature Signature
Name: Name:
Printed Name Printed Name
Title: Mayor Title:
Date: Date:
Attest: Attest:
City Clerk Treasurer
Rates
Engineers / Architects
E-1 130.00$
E-2 144.00$
E-3 174.00$
E-4 203.00$
E-5 247.00$
E-6 304.00$
E-7 422.00$
Planners
P-1 157.00$
P-2 196.00$
P-3 244.00$
P-4 273.00$
P-5 308.00$
Designers
D-1 118.00$
D-2 135.00$
D-3 161.00$
D-4 193.00$
Technicians
T-1 95.00$
T-2 114.00$
T-3 139.00$
T-4 180.00$
Surveyors
S-1 58.00$
S-2 77.00$
Classification
Exhibit B
City of Fayetteville
24" Water Line Rehabilitation
Garver Hourly Rate Schedule: July 2024 - June 2025
RatesClassification
Exhibit B
City of Fayetteville
24" Water Line Rehabilitation
Garver Hourly Rate Schedule: July 2024 - June 2025
S-3 103.00$
S-4 148.00$
S-5 187.00$
S-6 218.00$
2-Man Crew (Survey)225.00$
3-Man Crew (Survey)282.00$
2-Man Crew (GPS Survey) 245.00$
3-Man Crew (GPS Survey) 302.00$
Construction Observation
C-1 112.00$
C-2 140.00$
C-3 171.00$
C-4 221.00$
C-5 259.00$
Resource Specialists
RS-1 104.00$
RS-2 137.00$
RS-3 194.00$
RS-4 268.00$
RS-5 335.00$
RS-6 411.00$
RS-7 460.00$
Environmental Specialists
ES-1 104.00$
ES-2 131.00$
ES-3 168.00$
ES-4 198.00$
ES-5 248.00$
RatesClassification
Exhibit B
City of Fayetteville
24" Water Line Rehabilitation
Garver Hourly Rate Schedule: July 2024 - June 2025
ES-6 318.00$
ES-7 398.00$
ES-8 450.00$
Project Controls
PC-1 106.00$
PC-2 140.00$
PC-3 178.00$
PC-4 229.00$
PC-5 280.00$
PC-6 361.00$
PC-7 454.00$
Management / Administration
AM-1 75.00$
AM-2 96.00$
AM-3 134.00$
AM-4 171.00$
AM-5 209.00$
AM-6 272.00$
AM-7 320.00$
M-1 510.00$
Agreement for Professional Services
24" Water Line Rehabilitation Garver Project No. 21W01161
APPENDIX B
City of Fayetteville, Arkansas
24" Water Line Rehabilitation
All Tasks
CRB RAP WLD VLS
WORK TASK DESCRIPTION E-5 E-2 E-1 D-1 C-3
2-Man Crew
(GPS
Survey)
ES-3 GARVER GARVER SUBCONSULTANT GARVER
SUB-CO
TOTAL TOTAL
$247.00 $144.00 $130.00 $118.00 $171.00 $245.00 $168.00 LABOR ODC Subconsultant Name TOTAL
hr. hr.hr. hr.hr.hr. hr.0%
Basic Services Section
1.TASK (8.2 - RE-BIDDING SERVICES)
A. Changes to plans and specifications (allowing open cut)64 44 $14,936 $14,936 $0 $14,936
B SWPPP Changes 8 $1,344 $1,344 $0 $1,344
C. Prepare addenda 8 4 $1,672 $1,672 $0 $1,672
D. Participate in additional pre-bid meetings 2 6 $1,358 $300 $1,658 $0 $1,658
E. Attend additional bid opening 2 $288 $86 $374 $0 $374
F. Evaluate bids and recommend award 2 $288 $288 $0 $288
G. Prepare construction contracts 12 $1,728 $1,728 $0 $1,728
Subtotal - TASK (8.2 - RE-BIDDING SERVICES)2 94 48 0 0 0 8 $21,614 $386 $0 $22,000 $0 $22,000
2. TASK (9 CONSTRUCTION PHASE SERVICES)
A. Issue Notice to Proceed 2 $288 $288 $0 $288
Attend pre-construction meeting 1 4 $823 $100 $923 $0 $923
B.Attend up to 9 progress/coordination meetings with the Owner/Contractor 10 28 $6,502 $500 $7,002 $0 $7,002
C.Evaluate and respond to construction material submittals and shop drawings 8 24 $4,272 $4,272 $0 $4,272
D. Issue instructions to the Contractor on behalf of the Owner/respond to RFIs 20 8 $3,920 $3,920 $0 $3,920
E. Review Contractor's pay requests 4 8 $1,616 $1,616 $0 $1,616
F. Maintain a set of working drawings and prepare and furnish record drawings 8 12 $2,568 $2,568 $0 $2,568
G. Provide full-time resident construction observation 1490 $254,790 $1,500 $256,290 $0 $256,290
H. Survey - Field checking quantities, Contractor's layout, etc. (14 hours)14 $3,430 $250 $3,680 $0 $3,680
I.Prepare change orders 8 16 $3,232 $3,232 $0 $3,232
J. Substantial completion project inspection 8 $1,152 $250 $1,402 $0 $1,402
Punch List 12 $1,728 $1,728 $0 $1,728
K. Final completion project inspection 8 $1,152 $240 $1,392 $0 $1,392
Review final project closing documents 1 8 $1,399 $1,399 $0 $1,399
Submit final pay request 2 $288 $288 $0 $288
Subtotal - TASK (9 CONSTRUCTION PHASE SERVICES)12 120 56 12 1490 14 0 $287,160 $2,840 $0 $290,000 $0 $290,000
Project Totals 14 214 104 12 1490 14 8 $308,774 $3,226 $0 $312,000 $0 $312,000
Project Totals (Cost)$3,458.00 $30,816.00 $13,520.00 $1,416.00 $254,790.00 $3,430.00 $1,344.00
City of Fayetteville
2435 S Industrial Dr
Fayetteville, AR 72701
SH
I
P
T
O
BI
L
L
T
O
City of Fayetteville
113 W Mountain St
FAYETTEVILLE, AR 72701
Structural Preservation Systems LLC
1332 N Miller St
ANAHEIM, CA 92806
REPRINT PURCHASE
ORDER
NO. 2023-00000205
DATE 02/22/2023
VENDOR 94533 Structural Preservation Systems LLC
CO
N
T
A
C
T
DELIVER BY
SHIP VIA
FREIGHT TERMS 1
ORIGINATOR Shea Fankhouser
RESOLUTION #06-23; 191-23
PAYMENT TERMS 30
QUANTITY U/M DESCRIPTION UNIT COST TOTAL COST
1.0000 Each Water & Sewer Line - Maintenance/Repair - Emergency Trenchless Repair
of 48-inch Sewer Line Under I-49 $2,477,644.0000 $2,477,644.00
5400.720.5700-5815.00 (Improvements Sewer)$2,477,644.0
002017.1 (Sanitary Sewer Rehabilitation, Sanitary
Sewer Rehabilitation)
1.0000 Each
Water & Sewer Line - Maintenance/Repair - Contract Change Order #1 -
08/23/23 C/O #1 to increase the contract by $50,000.00 to allow for
consultation to formulate a plan, timeline and pricing for entering and
repairing the unsafe pipe/tunnel.
$50,000.0000 $50,000.00
5400.720.5700-5815.00 (Improvements Sewer)$50,000.00
02017.1 (Sanitary Sewer Rehabilitation, Sanitary
Sewer Rehabilitation)
1.0000 EA
Water & Sewer Line - Maintenance/Repair - Contract Change Order #2 -
08/23/23 C/O #2 to increase the contract by $135,850.00 to allow for
keeping the bypass pumping system operational and to keep SPS moving
forward with the critical path to design, mobilize and install safety shoring
within the failing pipeline.
$135,850.0000 $135,850.00
5400.720.5700-5815.00 (Improvements Sewer)$135,850.00
02017.1 (Sanitary Sewer Rehabilitation, Sanitary
Sewer Rehabilitation)
1.0000 LOT
Water & Sewer Line - Maintenance/Repair - Contract Change Order #3 -
09/19/23 C/O #3 to increase the contract by $7,884,343.00 for the design-
build contract to rehabilitate the pipeline and stabilize the tunnel, filling all
void spaces. Per Res #191-23
$7,884,343.0000 $7,884,343.00
5400.720.5700-5815.00 (Improvements Sewer)$7,884,343.0
002017.1 (Sanitary Sewer Rehabilitation, Sanitary
Sewer Rehabilitation)
$9,245,577.22
$10,547,837.00
$0.00
$1,302,259.78
$9,245,577.22
OPEN AMOUNT
REMAINING
OPEN AMOUNT
ENCUMBERED
AMOUNT VOIDED
OPEN TOTAL COST
OPEN AMOUNT EXPENSED
AMOUNT DISCOUNTED $0.00
SPECIAL INSTRUCTIONS
Resolution #06-23
Contract #2023-00000011
SUBTOTAL
SALES TAX
TOTAL DUE
$10,547,837.00
$0.00
$10,547,837.00PAGE 1 OF 1
APPROVED BY
City of Fayetteville
2435 S Industrial Dr
Fayetteville, AR 72701
SH
I
P
T
O
BI
L
L
T
O
City of Fayetteville
113 W Mountain St
FAYETTEVILLE, AR 72701
Goodwin & Goodwin Inc
3503 Free Ferry Road
FORT SMITH, AR 72903
PURCHASE ORDER
NO. 2022-00000392
DATE 05/16/2022
VENDOR 92855 Goodwin & Goodwin, Inc.
CO
N
T
A
C
T
DELIVER BY
SHIP VIA
FREIGHT TERMS 1
ORIGINATOR Shea Fankhouser
RESOLUTION #97-22
PAYMENT TERMS 30
QUANTITY U/M DESCRIPTION UNIT COST TOTAL COST
1.0000 Each Water & Sewer Distribution Lines, New - Skyler Subdivision Water Service
Line Replacements $603,630.0000 $603,630.00
5400.720.5600-5808.00 (Improvements Water Line)$603,630.00
12009.1 (Water System Rehabilitation/Replacement,
Water System Rehabilitation/Replacement)
SPECIAL INSTRUCTIONS
Bid #22-26, Res #97-22
Contract #2022-00000023
SUBTOTAL
SALES TAX
TOTAL DUE
$603,630.00
$0.00
$603,630.00PAGE 1 OF 1
APPROVED BY
Fayetteville, AR - LSLI
Fayetteville - AR
2435 S Industrial Drive
Fayetteville, AR 28301
UNITED STATES
Corey Granderson
cgranderson@fayetteville-ar.gov
479.444.3452
Aaron Watkins
jwatkins@fayetteville-ar.gov
479-575-8203
Tim Nyander
tnyander@fayetteville-ar.gov
479-575-8390
Reference: 20240305-112542971
Quote created: March 5, 2024
Quote expires: June 3, 2024
Quote created by: Steve Smith
"Senior Account Executive"
steve.smith@120water.com
Comments from Steve Smith
Products & Services
Item Name & Description Unit Price Quantity Term
(months)
LCRR Managed Service $20,000.00
/ year
1 24
LCRR CoachinĹ & Ĺuidance throuĹh Inventory uildinĹ, ÜeriǨcation, on-
ĹoinĹ tanaĹement, SamplinĹ and Communication. ur team ǒill
provide assistance in Inventory uildinĹ throuĹh the normaliǢation of
CSÜ & -Ǘcel data eǗports to create a concise list of service locations and
the asset records to coincide. taterial ClassiǨcations are the
responsiďility of the ǒater system ďut ǒe ǒill ǒork toĹether to identify
ďest practices for identifyinĹ those materials.
Item Name & Description Unit Price Quantity Term
(months)
PWS Pro $35,000.00
/ year
1 24
Annual subtotal $55,000.00
Total $55,000.00
Purchase terms
Annual Billing/Net 30
Invoice Terms:
Billing Street Address:
Billing City:
Billing State:
Billing Zip Code:
Billing Country:
Billing Notes (if applicable):
This Order Form, together with the Master Services Agreement available at https://120water.com/master-
services-agreement/ (the “MSA”), shall become a legally binding contract upon the earlier of (a) the date both
parties execute the Order Form or (b) the date Customer initially began using the Services. Any capitalized
word not otherwise defined in this Order Form shall have the same meaning as set forth in the MSA.
120Water may reject this Order Form if: (1) the signatory below does not have the authority to bind Customer
to this Order Form, (2) changes have been made to this Order Form (other than completion of the purchase
order information and signature block), or (3) the requested purchase order information or signature is
incomplete or does not match our records or the rest of this Order Form. Subscriptions are non-cancelable
before their end of the Term.
PWS application ǒith Inventory, ProĹram & -vent tanaĹement &
Workǩoǒs
Signature
Signature Date
Printed name
Countersignature
Countersignature Date
Printed name
Questions? Contact me
Steve Smith
"Senior Account Executive"
steve.smith@120water.com
120Water
250 S Elm St
Zionsville, IN 46077
US
Error! Unknown document property name. 1
DRAFT 2.23.2024
AGREEMENT
For
PROFESSIONAL SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
120 WATER AUDIT, INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made effective as of
___________, 2024 (“Effective Date”), by and between City of Fayetteville, Arkansas, acting by and
through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and 120 Water Audit, Inc. d/b/a
120Water (hereinafter called 120Water).
CITY OF FAYETTEVILLE from time to time requires professional services in connection with the
creation and/or maintenance of a lead service line inventory in order to comply with the EPA “Lead and
Copper Rule,” originally adopted in 1991. Therefore, CITY OF FAYETTEVILLE and 120Water in
consideration of their mutual covenants agree as follows:
120Water shall serve as CITY OF FAYETTEVILLE’s provider of water test administration and reporting
services made available to web-based and mobile users via the 120Water Platform hosted by 120Water (the
“Services”) in those assignments to which this Agreement applies, and shall give consultation and advice
to CITY OF FAYETTEVILLE during the performance of 120Water’s services. “120Water Platform”
means 120Water’s proprietary online hosted software platform, website, operating systems, hardware, and
other technical resources used by 120Water to provide the SaaS Services. All Services shall be performed
under the direction of competent personnel that are duly 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 120Water.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of 120Water.
1.3 Changes, modifications or amendments in scope, price or fees to this contract shall not be allowed
without a formal contract amendment approved in writing by the Mayor and the City Council and
by 120Water in advance of the change in scope, costs, fees, or delivery schedule.
SECTION 2 - BASIC SERVICES OF 120WATER
2.1 Perform Services in connection with the Project as hereinafter stated.
2.1.1 The Scope of Services to be furnished by 120Water is included in Appendix A attached hereto
and made part of this Agreement.
2.2 120Water shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
120Water and CITY OF FAYETTEVILLE agree that 120Water has full responsibility for the
Services.
Services Contract 2
2.3 Subcontractors. 120Water may engage subcontractors to perform or to support 120Water’s
performance of portions of the Services provided or made available to substantially all of
120Water’s customers (e.g., data hosting, water testing, and other service providers), provided
that 120Water may not subcontract to a subcontractor dedicated to CITY OF
FAYETTEVILLE’s account any custom Services or custom-created Deliverables (defined
below) specifically purchased only by CITY OF FAYETTEVILLE (and set forth in a separate
or supplemented Appendix A) without CITY OF FAYETTEVILLE’s prior written consent,
such consent not being unreasonably withheld, delayed, or conditioned.
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
120Water.
3.1.1 Provide full information as to CITY OF FAYETTEVILLE’s requirements.
3.1.2 Assist 120Water by placing at 120Water’s disposal all available information pertinent to the
assignment including previous reports and any other data relative thereto.
3.1.3 Assist 120Water in obtaining access to property or other information or materials in possession
of the CITY OF FAYETTEVILLE as reasonably necessary for 120Water to perform Services
under this Agreement.
3.1.4 Examine all studies, reports, proposals, and other documents presented by 120Water and render
in writing decisions pertaining thereto.
3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE’s project representative with respect
to the services to be performed under this Agreement. The Utilities Director shall have
complete authority to transmit instructions, receive information, interpret and define CITY OF
FAYETTEVILLE’s policies and decisions with respect to materials, equipment, elements and
systems to be used in the provision of Services, 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 120Water 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 completion of the Services.
120Water will proceed with providing the 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 is included as Appendix A.
Services Contract 3
SECTION 5 - PAYMENTS TO 120WATER
5.1 The maximum not-to-exceed amount authorized for this Agreement is $_________. The CITY OF
FAYETTEVILLE shall compensate 120Water based on a Unit Price or Lump Sum basis as
described in Appendix A.
5.2 Statements
5.2.1 Unless stated otherwise in Appendix A or agreed to otherwise by the parties, monthly
statements for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such
parties as CITY OF FAYETTEVILLE may designate for Services consistent with 120Water’s
normal billing schedule. Once established, the billing schedule shall be maintained throughout
the duration of this Agreement. Applications for payment shall be made in accordance with a
format to be developed by 120Water and approved by CITY OF FAYETTEVILLE. Final
payment for Services shall be made upon CITY OF FAYETTEVILLE’s approval and
acceptance.
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
120Water’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 120Water 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.
5.3.2 Any fees hereunder not paid when due will be subject to a late charge of one and one-half
percent (1½%) per month on the unpaid balance or the maximum rate allowed by law,
whichever is less. If CITY OF FAYETTEVILLE’s account is 15 days or more overdue,
120Water may, in addition to any of its other rights or remedies, suspend CITY OF
FAYETTEVILLE’s access to the 120Water Platform and/or suspend provision of the Services
until such amounts are paid in full. If CITY OF FAYETTEVILLE brings its account current
within 15 days after suspension commences, 120Water will restart access to the 120Water
Platform and the provision of Services. If such failure to pay has not been cured within 30 days
of the payment due date, then upon written notice, 120Water may terminate this Agreement
and any or all outstanding projects as referenced in Appendix A (or any supplement thereto)
without penalty.
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, 120Water 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 120Water 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
120Water or its sureties under this Agreement or applicable performance and payment bonds,
if any.
Services Contract 4
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, 120Water will maintain (in United States
Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers’ Compensation Statutory
Employers’ Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
120Water 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 120Water 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 120Water’s services.
6.2 Professional Responsibility
6.2.1 120Water will exercise reasonable skill, care, and diligence in the performance of 120Water
services and will carry out its responsibilities in accordance with customarily accepted
professional practices. CITY OF FAYETTEVILLE will promptly report to 120Water any
defects or suspected defects in 120Water services of which CITY OF FAYETTEVILLE
becomes aware, so that 120Water can take measures to minimize the consequences of such a
defect. 120Water warrants that: (a) the functionality of the Services will not be materially
decreased during the term of this Agreement; (b) 120Water shall take commercially reasonable
measures to protect against the Services or any Deliverables (defined below) containing or
transmitting viruses, worms, time bombs, Trojan horses or other harmful files, scripts, agents
or programs to CITY OF FAYETTEVILLE; and, (c) 120Water will exercise reasonable skill,
care, and diligence in the performance of 120Water’s Services and will carry out its
responsibilities in accordance with customarily accepted industry practices (all of the foregoing
collectively referred to as the “Service Warranty”). CITY OF FAYETTEVILLE must report to
120Water in writing any failure of the Services to materially conform to the Service Warranty
within 90 days of performance otwo years of such Services in order to receive warranty
remedies. For any breach of the Service Warranty, CITY OF FAYETTEVILLE’s sole and
exclusive remedy, and 120Water’s entire liability, shall be the re-performance of the Services
(at no cost to CITY OF FAYETTEVILLE), and, if 120Water is unable to re-perform the
deficient Services as warranted within 30 days of receipt of notice (or such other time as agreed
to in writing by the parties), 120Water shall refund to or credit CITY OF FAYETTEVILLE a
Services Contract 5
pro rata portion of the fees paid for the deficient Services. Warranties for third-party products
are governed under the applicable third-party warranty terms, and CITY OF FAYETTEVILLE
expressly acknowledges that 120Water has no obligations with regard to third-party
products.CITYproducts. CITY OF FAYETTEVILLE retains all remedies to recover for its
damages caused by any negligence of 120Water.
6.2.2 “Deliverables” means (a) the deliverables (e.g., custom reports) specified in Appendix A
(attached hereto or as supplemented during this Agreement) that are expressly created by
120Water for CITY OF FAYETTEVILLE and (b) all reports provided or made accessible to
CITY OF FAYETTEVILLE pursuant to the same. CITY OF FAYETTEVILLE shall own all
Deliverables.
6.3 [Intentionally Omitted]
[Intentionally Omitted]
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
120Water’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 120Water.
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 thirty (30) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate and, other than for failure to timely pay amounts
due under this Agreement, thirty (30) days to cure such failure, and
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that 120Water is given:
6.5.2.1 Not less than thirty (30) 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,
Services Contract 6
6.5.3.2 Any payment due to 120Water at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of 120Water’s default.
6.5.4 If termination for default is effected by 120Water, 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 120Water for services rendered and expenses incurred prior to the termination,
in addition to termination settlement costs reasonably incurred by 120Water 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, 120Water shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 uUpon CITY OF FAYETTEVILLE’s request, provide CITY OF FAYETTEVILLE with a
copy of City Data (defined below) held by 120Water, and 120Water shall convert CITY
OF FAYETTEVILLE’s account to an inactive status. 120Water may, but shall not be
obligated to, delete all City Data after Customer’s account converts to inactive status.
6.5.5.2.1. “City Data” means all electronic data (including, but not limited to, Personal
Information, as defined under applicable data privacy law) uploaded by CITY OF
FAYETTEVILLE to the 120Water Platform. “Derivative Data” means
collectively, (i) information derived or generated from or based on City Data, but
not containing City Data, (ii) City Data which has been de-identified or
anonymized so that it no longer identifies a specific individual; and, (iii) City Data
which has been aggregated with other data but which no longer identifies a specific
individual or CITY OF FAYETTEVILLE.
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 120Water to fulfill contractual obligations, it is determined
that 120Water 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 120Water are suspended or delayed by CITY OF FAYETTEVILLE
or by other events beyond 120Water’s reasonable control, 120Water shall be entitled to
additional compensation and time for reasonable costs incurred by 120Water in temporarily
closing down or delaying the Services.
6.7 Rights and Benefits
6.7.1 120Water’s Services performed pursuant to the terms of this Agreement will be performed
solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons
or entities.
Services Contract 7
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 120Water 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
120Water 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 120Water 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 120Water 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 120Water 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 120Water for services rendered by 120Water.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of 120Water’s employees
and the importance of 120Water’s public relations, 120Water may prepare publications, such
as technical papers, articles for periodicals, and press releases, pertaining to 120Water’s
Services. 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 120Water CITY OF
FAYETTEVILLE may require deletion of proprietary data or confidential information from
such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold
approval. The cost of 120Water’s activities pertaining to any such publication shall be for
120Water’s account.
6.11 Indemnification
Services Contract 8
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and 120Water from and
against any and all third-party claims for 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 Ownership of City Data. As between CITY OF FAYETTEVILLE and 120Water, CITY OF
FAYETTEVILLE owns all City Data.
6.12.2 Use of City Data. CITY OF FAYETTEVILLE hereby grants 120Water and its contractors a
limited, nonexclusive right and license to use all City Data during this Agreement, and, after
expiration or termination as permitted herein.
6.12.3 Derivative Data and Usage Data. 120Water shall irrevocably own all Derivative Data and
Usage Data and may use or disclose it in any way it chooses. “Usage Data” means statistical
data related to CITY OF FAYETTEVILLE’s access to and use of the Services and data derived
from it, that is used by 120Water, including to compile statistical and performance information
related to the provision of the Services and operation of the 120Water Platform. This Section
6.12 shall survive any expiration or termination of this Agreement.
6.12.4 Right to Use City Data and Name. Customer hereby grants 120Water a worldwide, non-
exclusive, royalty-free, fully paid-up license to use, reproduce, perform, display, modify, and
distribute the City Data, and to use the trademarks and trade name of CITY OF
FAYETTEVILLE, in connection with providing the Services to CITY OF FAYETTEVILLE
hereunder.
6.12.5 Rights to intellectual property developed, utilized, or modified in the performance of the
Services shall remain the property of 120Water.
6.12.6 120Water understands and acknowledges that CITY OF FAYETTEVILLE is a governmental
entity which is subject to applicable open records acts. CITY OF FAYETTEVILLE
understands that 120Water has confidential information which is a trade secret and, therefore,
exempt from disclosure under applicable open records acts. Such information is related to the
Services or the software, pricing, technology or content underlying the Services, or relating to
any other of 120Water’s or its business partners’ products or services (including any beta
version of a service), software, technology, customers, business plans, and other business
affairs. CITY OF FAYETTEVILLE agrees not to disclose or use any such confidential
information for any purpose outside the scope of this Agreement, which is clearly marked as
“CONFIDENTIAL NOT SUBJECT TO DISCLOSURE” (or similar marking), except with the
120Water’s prior written permission or if required by applicable law or judicial order. If CITY
OF FAYETTEVILLE is compelled by law an order issued by a judge or public competent
authority to disclose such confidential information, it shall provide 120Water with prior notice
of such compelled disclosure (to the extent legally permitted). This confidentiality obligation
as shall remain in force and effect at all times during this Agreement, and for a period of five
years after termination or expiration of this Agreement.
6.12.7 Any files delivered in electronic medium may not work on systems and software different than
those with which they were originally produced. 120Water makes no warranty as to the
compatibility of these files with any other system or software. Because of the potential
Services Contract 9
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 Intellectual Property.
6.13.1 Subject to the limited rights expressly granted hereunder, 120Water reserves all rights, title and
interest in and to the 120Water Platform, including, but not limited to, all software, technology
and other materials associated therewith, all Documentation and content (excluding City Data),
other technical resources used by 120Water to provide the Services (which Services include
developing, training, testing, correcting, and improving the 120Water Platform, such activities
for which may include the use of City Data), all new programs, upgrades, modifications, or
enhancements the foregoing developed by 120Water in connection with rendering the Services
to CITY OF FAYETTEVILLE and all copies, modifications and derivative works thereof, and
all 120Water trademarks, names, logos, and all rights to patent, copyright, trade secret and
other proprietary or intellectual property rights therein. “Documentation” means the user
guides and specifications for the Services that are made available from time to time by
120Water in electronic or tangible form, but excluding any sales or marketing materials. CITY
OF FAYETTEVILLE shall own all reports produced by the 120Water Platform or provided by
120Water pursuant to the applicable or supplemented Appendix A. No rights are granted to
CITY OF FAYETTEVILLE hereunder other than as expressly set forth herein.
6.13.2 Feedback. If CITY OF FAYETTEVILLE provides or otherwise makes available to 120Water
any feedback, suggestions, recommendations, data, or other input regarding the 120Water
Platform, Services, or Documentation, or resulting from CITY OF FAYETTEVILLE’s use
thereof (collectively, “Feedback”), CITY OF FAYETTEVILLE agrees to and does hereby
assign to 120Water all right, title, and interest in and to all Feedback. 120Water shall not
publically identify CITY OF FAYETTEVILLE in any use of the Feedback. CITY OF
FAYETTEVILLE has no responsibility or liability for any Feedback or for 120Water’s use
thereof. 120Water agrees to indemnify, defend, and hold harmless CITY OF FAYETTEVILLE
for any use by 120Water of any Feedback.
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
120Water’s address:
Street
City, State Zip Code
6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and 120Water each binds itself and its 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 120Water shall assign,
Services Contract 10
sublet, or transfer his interest in the Agreement without the written consent of the other, other
than in connection with a merger, acquisition, corporate reorganization, or sale of all or
substantially all of 120Water’s assets or equity, provided that (a) if the assignee cannot provide
CITY OF FAYETTEVILLE with adequate written assurances of performance reasonably
acceptable to CITY OF FAYETTEVILLE, or (b) if the assignee is an entity with whom CITY
OF FAYETTEVILLE is prohibited by law or regulation from conducting business, then CITY
OF FAYETTEVILLE may terminate this Agreement. Subject to the foregoing, this Agreement
shall bind and inure to the benefit of the parties, their respective successors and permitted
assigns. Any assignment in violation of this Agreement shall be of no power or effect.
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 120Water and CITY OF
FAYETTEVILLE relative to the Scope of Services described in Appendix A. Since terms
contained in purchase orders do not generally apply to professional services, in the event CITY
OF FAYETTEVILLE issues to 120Water a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
120Water, shall be considered as a document for CITY OF FAYETTEVILLE’s internal
management of its operations. The background recitals form a material part of this Agreement.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of 120Water
7.1.1 CITY OF FAYETTEVILLE’s review, approval, or acceptance of specifications, reports and
Services furnished hereunder shall not in any way relieve 120Water of responsibility for the
technical adequacy of the work. Neither CITY OF FAYETTEVILLE’s review, approval or
acceptance of, nor payment for any 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 120Water shall be and shall remain liable, in accordance with applicable law, for all damages
to CITY OF FAYETTEVILLE caused by 120Water’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 Data. Notwithstanding the
foregoing, any damages related to the provision of Services under the Service Warranty will
be limited to the remedies under Section 6.2.1.
7.1.3 120Water’s obligations under this clause are in addition to 120Water’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 120Water for faulty materials, equipment, or
work, subject to the Service Warranty in Section 6.2.1.
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 120Water arising out
Services Contract 11
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 120Water shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with practices consistently applied
in effect on the date of execution of this Agreement. 120Water shall also maintain the financial
information and data used by 120Water 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.
120Water 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. 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 120Water;
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 120Water 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 120Water 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 contract price or
consideration, or otherwise recover, the full amount of such commission, percentage,
brokerage, or contingent fee.
Services Contract 12
7.5 Gratuities
7.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that 120Water or any of
120Water’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 120Water 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 120Water as it could pursue in the
event of a breach of the Agreement by 120Water 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 120Water 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, 120Water will exercise commercially reasonable
efforts 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.), with the exception of information
described in Section 6.12.7. Only legally authorized photocopying costs pursuant to the FOIA
may be assessed for this compliance.
[Signature page follows]
Error! Unknown document property name. 13
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
120Water Audit, Inc., by its authorized officer, have made and executed this Agreement as of the day and
year first above written.
CITY OF FAYETTEVILLE, ARKANSAS 120 WATER AUDIT, INC.
By : By:
Lioneld Jordan, Mayor PRINTED NAME & TITLE OF PERSON SIGNING
ATTEST:
By: Title:
City Clerk-Treasurer
END OF AGREEMENT FOR PROFESSIONAL SERVICES
113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Ordinance: 6595
File Number: 2022-0644
GRIFFIN RESIDUALS, LLC:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN
RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE,
TO APPROVE A CONTINGENCY AMOUNT OF $81,250.00, AND TO APPROVE A
BUDGET ADJUSTMENT
WHEREAS, drying sludge from a wastewater plant to reduce its weight prior to placing it in a landfill
or converting it into fertilizer or other useful product requires highly specialized equipment and
processes often protected as trade secrets; and
WHEREAS, Utilities staff has investigated numerous industry options and determined that Griffin
Residuals' equipment and processes to dry sludge is the best and unique option to best serve the
Wastewater plants; and
WHEREAS, the City of Fayetteville would like to hire Griffin Residuals, LLC to install, operate and
train our staff to operate a Biosolids (sludge) dryer to replace the previous Biosolids dryer that suffered
a catastrophic failure on December 13, 2021; and
WHEREAS, the machinery owned by Griffin Residuals, LLC will be installed and initially operated
and maintained by Griffin Residuals, LLC who will receive a per ton sludge processing rate of $65.00
per ton with an estimated monthly sludge processed amount of 1,250 tons; and
WHEREAS, after an initial three-year operation to confirm the quality and ability of Griffin Residual's
machinery and operation, the City of Fayetteville will have the option to exercise a Buy -Out of this
sludge processing equipment for a set price of One Million Nine Hundred Ninety -Five Thousand
Dollars ($1,995,000.00); and
Page 1 Printed on 8118122
Ordinance: 6595
File Number.' 2022- 0644
WHEREAS, the unique and proprietary equipment and process offered by Griffin Residuals to the
City make competitive bidding neither feasible nor practical, so that the City Council should waive the
requirements of competitive bidding in this case.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an
exceptional situation exists in which competitive bidding is deemed not feasible or practical and
therefore waives the requirements of formal competitive bidding and approves the Drying as a Service
Agreement with Griffin Residuals, LLC with a contingency amount of $81,250.00 together with
Appendix A, Appendix B and Appendix C and authorizes Mayor Jordan to sign this Agreement.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Ordinance.
PASSED and APPROVED on 8/16/2022
Attest:titz1l ri
ERK 1 rR,f
GlI Y 0,;9sG,,
YETTEVl L1,E; .v
Kara Paxton, City Clerk Treastirei y
Page 2 Printed on 8118122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479)575-8323
Text File
File Number: 2022- 0644
Agenda Date: 8/16/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
GRIFFIN RESIDUALS, LLC:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND APPROVE THE GRIFFIN
RESIDUALS DRYING AS A SERVICE AGREEMENT WITH THE CITY OF FAYETTEVILLE, TO
APPROVE A CONTINGENCY AMOUNT OF $81,250.00, AND TO APPROVE A BUDGET
ADJUSTMENT
WHEREAS, drying sludge from a wastewater plant to reduce its weight prior to placing it in a landfill or
converting it into fertilizer or other useful product requires highly specialized equipment and processes often
protected as trade secrets; and
WHEREAS, Utilities staff has investigated numerous industry options and determined that Griffin Residuals'
equipment and processes to dry sludge is the best and unique option to best serve the Wastewater plants; and
WHEREAS, the City of Fayetteville would like to hire Griffin Residuals, LLC to install, operate and train our
staff to operate a Biosolids (sludge) dryer to replace the previous Biosolids dryer that suffered a catastrophic
failure on December 13, 2021; and
WHEREAS, the machinery owned by Griffin Residuals, LLC will be installed and initially operated and
maintained by Griffin Residuals, LLC who will receive a per ton sludge processing rate of $65.00 per ton with
an estimated monthly sludge processed amount of 1,250 tons; and
WHEREAS, after an initial three-year operation to confirm the quality and ability of Griffin Residual's
machinery and operation, the City of Fayetteville will have the option to exercise a Buy -Out of this sludge
processing equipment for a set price of One Million Nine Hundred Ninety -Five Thousand Dollars
1,995,000.00); and
WHEREAS, the unique and proprietary equipment and process offered by Griffin Residuals to the City make
competitive bidding neither feasible nor practical, so that the City Council should waive the requirements of
competitive bidding in this case.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
City of Fayetteville, Arkansas Page 1 Printed on 811812022
File Number: 2022-0644
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional
situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the
requirements of formal competitive bidding and approves the Drying as a Service Agreement with Griffin
Residuals, LLC with a contingency amount of $81,250.00 together with Appendix A, Appendix B and
Appendix C and authorizes Mayor Jordan to sign this Agreement.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a
copy of which is attached to this Ordinance.
City of Fayetteville, Arkansas Page 2 Printed on 811812022
City of Fayetteville Staff Review Form
2022-0644
Legistar File ID
8/16/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 7/27/2022 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of a Drying as a Service Agreement with Griffin Residuals, LLC for the drying of
biosolids at the Biosolids Management Site at an estimated cost of $406,250.00 for the remainder of 2022,
approval of a contingency in the amount of $81,250.00, and approval of a budget adjustment.
Budget Impact:
5400.730.5110-5315.00 Water and Sewer
Account Number Fund
N/A N/A
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? Yes Budget Adjustment
Remaining Budget
Project Title
360,600.00
360,600.00
487,500.00
487,500.00
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 16, 2022
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: July 27, 2022
CITY COUNCIL MEMO
SUBJECT: Griffin Residuals — Biosolids Drying as a Service Agreement
RECOMMENDATION:
Staff recommends the approval of a Drying as a Service Agreement with Griffin Residuals, LLC
for the drying of biosolids at the Biosolids Management Site at an estimated cost of $406,250.00
for the remainder of 2022, approval of a contingency in the amount of $81,250.00, and approval
of a budget adjustment.
BACKGROUND:
The DaaS Agreement is an agreement between Griffin Residuals and The City of Fayetteville to
pursue a business relationship in drying the City's biosolids. Griffin Residuals' will invest the
capital equipment and services at the City's Biosolids Management site (BMS) to enable the
receiving and drying of the City's biosolids following transport from the Paul R. Noland (East)
and West Side (West) wastewater treatment plants. The business relationship is anticipated to
include the use of property and/or buildings at the BMS and a fee -per -ton for biosolids dried at
the Drying as a Service (DaaS) facility.
DISCUSSION:
Griffin Residuals, LLC will install, operate, and train city staff to operate a Biosolids dryer to
replace the previous biosolids dryer that suffered a catastrophic failure on December 13, 2021.
The machinery owned by Griffin Residuals, LLC will be installed and initially operated and fully
maintained by Griffin Residuals, LLC, who will also pay for the electricity and natural gas used
to operate the dryer. Griffin Residuals will receive a per ton sludge processing rate of $65.00 per
ton with an estimated monthly sludge feed amount of 1,250 tons. After an initial three year
operation to confirm the quality and ability of the machinery and operation, the City will have the
option to exercise a Buy -Out of this sludge processing equipment for a set price of
1,995, 000.00.
Biosolids drying is a very specialized service. The City's options after the catastrophic failure of
the current dryer was to purchase a new dryer, send solids to the landfill indefinitely in a partially
dried form, or search for a service to dry solids. The Drying as a Service program that was
selected provides the City with the opportunity to temporarily utilize a cutting -edge technology
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
with minimal capital investment. If this drying technology is viable, this agreement allows the
City to purchase the dryer that is in place and continue operating with in-house staff. If we
decide that this drying technology is not what is best for the City, it will be removed at no
additional cost.
A bid waiver is requested because in our research this is the only Drying as a Service that best
fits the current configuration of our facilities. Drying as a Service is difficult to find. Other drying
services are structured toward regional drying operations, which is drying solids from several
municipalities together. By drying dedicated solids from Fayetteville, we can continue to market
the finished product as fertilizer for sale, offsetting in part the drying operation.
This item was presented to the Water & Sewer Committee on July 12, 2022 with a unanimous
vote to forward it to the City Council for consideration. Approval of this agreement by the City
Council will set into motion the installation of the necessary piping, electrical components,
conveyors, and other equipment by the City in preparation for installing the Griffin Residuals
dryer.
BUDGET/STAFF IMPACT:
A budget adjustment is requested to move funds from the Lake Sequoyah Dredging account to
the Contract Services account to cover the costs of drying biosolids. The rate of $65.00 will be
charged on an estimated 1,250 tons per month. The estimated cost for the remainder of 2022 is
406,250.00. A 20% contingency is also requested.
Attachments:
Drying as a Service Agreement
Budget Adjustment
GRIFFIN RESIDUALS DRYING AS A SERVICE AGREEMENT
CITY OF FAYETTEVILLE, ARKANSAS
This Griffin Residuals Drying As A Service Agreement ("Agreement") is executed as of the
last date set forth on this Agreement's signature page below (the "Execution Date"), by and
between Griffin Residuals, LLC, a Kentucky limited liability company (the "Company") with
offices located at 5872 Highway 1389, Owensboro, KY 42303, and the City of Fayetteville, AR,
a municipal corporation in the State of Arkansas (the "City") with offices located at 113 West
Mountain Street, Fayetteville, AR 72701 and 2435 S Industrial Drive, Fayetteville, AR 72701.
The Company and the City are each individually a "Party" and collectively are the "Parties".
RECITALS
WHEREAS, Company, among other things, builds, owns, and operates advanced biosolid
facilities;
WHEREAS, the City is responsible for providing wastewater treatment and disposal services
for the municipality of Fayetteville, AR. As part of its obligations, the City operates two
wastewater treatment plants, the Paul R. Roland Wastewater Treatment Facility (the "East Plant")
and the West Side Wastewater Treatment Facility (the "West Plant");
WHEREAS, the City transfers dewatered biosolids (the `Biosolids") from the East Plant and
the West Plant to the City's Biosolids Management Site located at 16464 East Wyman Road,
Fayetteville, AR 72701 (the "BMS", and, with the East Plant and the West Plant, the "City
Facilities") for further processing. The BMS utilizes six (6) solar green houses to partially dry the
Biosolids prior to further processing;
WHEREAS, certain equipment located at the BMS used to dry Biosolids suffered a
catastrophic failure on December 13, 2021 and is currently inoperable;
WHEREAS, the City and the Company entered into a non -binding letter of intent on or about
February 1, 2022, to investigate the possibility of the Company assisting the City in the
implementation of Biosolids drying operations at the BMS;
WHEREAS, the City and the Company now desire to enter into a binding contract whereby
the Company will provide the City with certain services and equipment (collectively, the
Project") to be located in "Solar House F" (as hereinafter defined) of the BMS for use in drying
Biosolids in exchange for the City's payment to the Company of certain compensation and other
consideration, all as more specifically set forth in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants, undertakings, conditions,
and consideration set forth below, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree as follows:
ARTICLE I
OVERVIEW OF TRANSACTION
1.1. Contract Documents. This Agreement consists of the terms and conditions set forth
in the sections ("Sections") captioned by numbered article designations ("Articles") and the
following appendices (each, an "Appendix" and collectively, the "Appendices") which are
incorporated and made part this Agreement by this reference and are included in any reference to
this Agreement. The Recitals in this Agreement are hereby incorporated into the Agreement, are
material terms of this Agreement, and are being relied up by the Parties in executing this
Agreement.
A. Appendix A — Scope of Work: Appendix A sets forth the scope of the
respective work to be respectively performed by the City and Company in furtherance of
the Project.
B. Appendix B - Compensation: Appendix B sets forth the compensation to be
paid to the Company pursuant to this Agreement.
C. Appendix C — Buy -Out Agreement: Appendix C sets forth the form of the
agreement the Parties will enter if the City exercises its "Buy -Out" rights pursuant to
Section 8.7 of this Agreement.
D. Appendix D — Company Insurance: Appendix C sets forth the types and
amounts of insurance coverage (the "Company Insurance") that the Company shall and
will maintain in place during the Term; however, the Parties acknowledge and agree that
the Company can change the insurer that provides the Company Insurance so long as any
such change does not reduce the amounts of the Company Insurance.
E. Appendix E — City Insurance: Appendix E sets forth the types and amounts
of insurance coverage (the "City Insurance") that the City shall and will maintain in place
during the Term; however, the Parties acknowledge and agree that the City can change the
insurer that provides the City Insurance so long as any such change does not reduce the
amounts of the City Insurance.
1.2. Hierarchy of Documents. If the terms and conditions of the Articles of this
Agreement vary or are inconsistent with any portion of the Appendices, the terms of this
Agreement shall control and be given priority. This Agreement contains the entire agreement
between the parties and supersedes all prior agreements, whether oral or written, between the
parties with respect to the subject matter of this Agreement. Neither party will be bound by or be
deemed to have made any representations, warranties, commitments, or other undertakings with
respect to the subject matter of this Agreement that are not contained in this Agreement. In this
regard, neither Party may rely on any representation, warranty, collateral contract, or other
assurance (except those set out in this Agreement and the documents referred to in it) made by or
on behalf of the other Party before the Execution Date, and each Party waives all rights and
remedies which, but for this Section 1.2, might otherwise be available to it in regard to any such
representation, warranty, collateral contract, or other assurance.
2-
1.3. Project Term and Commencement of the Project. The term of this Agreement and
the Project shall commence on the Execution Date and shall continue for a term of three (3) years
the "Term") following issuance of the Performance Test Certificate (as defined below) on the
Certification Date (as defined in Appendix A) unless terminated earlier by mutual Agreement or
in accordance with the express terms of any other provision of this Agreement. The Term shall be
automatically extended by:
A. Any period of extension granted to the Company pursuant to this
Agreement or otherwise by the City;
B. Pursuant to Section 6.7 in the event of any Force Majeure Event (as defined
in Article VI);
C. Any period during which the Company was unable to carry out its
obligations due to a default, delay, or interruption by the City or other Competent Authority
including delays in obtaining, issuing, or renewing a Required Consent); or
D. As agreed by the Parties in writing.
The timelines and deadlines for the performance of the Parties respective duties under this
Agreement are more specifically set forth in Appendix A.
1.4. Parties' Relationship. The City has retained the Company as an independent
contractor to provide the goods and services necessary to complete the Project pursuant to the
terms of this Agreement. The Parties are independent from one another, and nothing in this
Agreement creates any agency, joint venture, partnership, or other form of joint enterprise,
employment, or fiduciary relationship between the Parties. Neither Party has any express or
implied right or authority to assume or create any obligations on behalf of or in the name of the
other Party or to bind the other Party to any contract, agreement, or undertaking with any third
party.
1.5. Designated Representatives. The City and the Company shall each designate a
representative ("Designated Representative") to act on each Party's respective behalf in
overseeing the performance of the Project and this Agreement. The City and the Company each
may change their respective Designated Representatives upon written notice to the other Party
given as specified in this Agreement. The Parties agree that the Designated Representatives shall
be the primary means for communication and all other interactions between the City and the
Company that are required or needed under this Agreement.
ARTICLE II
DEFINITIONS & RULES FOR INTERPRETATION
2.1. Definitions. Terms that are specifically defined elsewhere in this Agreement,
including in other Articles or in the Appendices, shall have the meanings given to them in those
other portions of this Agreement. The Parties further acknowledge and agree that certain of the
defined term set forth in this Section 2.1 may only be included in this Agreement in anticipation
that those defined terms may be relevant to future amendments or modifications to this Agreement
and, as such, such terms might not be used elsewhere in this Agreement as of the Execution Date.
3-
Unless otherwise required by the context in which a defined term appears, the following terms
shall have the meanings specified in this Section 2.1:
A. "City Consents" means the Required Consents that the City is obligated to
provide pursuant to this Agreement;
B. "City Representative" means the City's Designated Representative and is
Tim Nyander;
C. "Company Assets" means all goods, supplies, parts, equipment (inclusive
of the TDE), two dried solids stainless steel conveyors, Tooling, and other property that
the Company provides to the City in furtherance of the Project. The City acknowledge and
agrees that the Company has sole title to the Company Assets and that title to the Company
Assets shall remain in the Company unless and until the City properly consummates a
Buy -Out" (as that term is defined in Section 8.7);
D. "Company Representative" means the Company's Designated
Representative and is Tid Griffin, the Company's CEO;
E. "Competent Authority" means the Washington County Circuit Court or
Federal District Court of the Western District of Arkansas, or state or federal regulatory
agency;
F. "Contract Payments" means all amounts payable by the City to the
Company in connection with this Agreement, including the compensation set forth in
Appendix B;
G. "Design Documentation" means the Design Documentation as well as all
other drawings, diagrams, details, documents, specifications, samples, models, or
information (including calculations, logic or sequence overview diagrams and functional
design specifications for computer software) currently existing or hereinafter created
related to the Project and all amendments and revisions thereto prepared by the Parties after
the Execution Date in connection with the Project;
H. "Directive" includes any present or future directive, requirement,
instruction, condition of or limitation in any necessary consent, license, authorization,
permission, approval, permit, direction, code of practice, or rule of any Competent
Authority having the force of law, and includes any modification, extension, or
replacement thereof then in force;
I. "Fees" means the charges, fees, and rates of payment shown in Appendix B
as amended from time to time in accordance with this Agreement);
J. "Insolvency Event" means (i) the making by a Parry of any general
assignment for the benefit of creditors; (b) the filing by or against a Party of a petition to
have that Parry adjudged a bankrupt or a petition for reorganization or arrangement under
any law relating to bankruptcy or insolvency (unless, in the case of a petition filed against
a Party, the same is dismissed within sixty (60) days); (c) the appointment of a trustee or
me
receiver to take possession of substantially all of a Party's assets or of a Party's interest in
this Agreement, where possession is not restored to a Party within sixty (60) days; (d) the
attachment, execution, or other judicial seizure of substantially all of a Party's assets or of
a Party's interest in this Agreement where such seizure is not discharged within sixty (60)
days; (e) any change in the incorporation status of the City; or (f) any other events which
constitute insolvency events under relevant Legal Requirements. The Parties acknowledge
and agree that a Party who has suffered an Insolvency Event has committed a Default (as
defined in Article VIII) of this Agreement;
K. "Intellectual Property Rights" means all ownership and rights in
inventions, drawings, Tooling, patents, copyrights, design rights, trademarks, trade dress,
trade names, service marks, trade secrets, know-how, and other intellectual property rights
whether registered or unregistered) and all applications for any of them, anywhere in the
world;
L. "Land Documents" means the leases, sub -leases, and other agreements
validly granting the Company all necessary rights needed to be executed by the Parties in
order for the Company to perform the work and provide the services necessary to undertake
and perform the Project;
M. "Legal Requirements" means all applicable statutory and common laws,
ordinances, regulations, and Directives having binding legal effect;
N. "Performance Test Certificate" means a certificate issued by the
Company certifying that all or a part of the Project has met the Project Specifications;
O. "Project Specifications" means the design and construction specification
for the Project, including any construction timetables, milestones, work, designs,
specifications, construction and/or commissioning plans, other plans, and testing necessary
for the completion of the Project in accordance with the provisions of this Agreement, in
each case, to the extent expressly agreed and set forth by the Parties in Appendix A;
P. "Representatives" collectively means the City Representative and the
Company Representative.
Q. "Required Consents" means all consents, licenses, authorizations,
permissions, approvals, and permits of any Competent Authority which are necessary for
the construction or operation of the Project or for the performance of any of the Company's
obligations or rights under this Agreement, including the City Consents;
R. "Services" means the services, labor, resources, and work that the Company
is providing to the City pursuant to this Agreement;
S. "Sludge" means a mixture of solids and water produced as a result of the
collection or treatment of wastewater;
T. "Sludge Delivery Point" means each of the points for the delivery of
Sludge into the Project, including those expressly described in the Project Specifications;
5-
U. "Solar House F" is physically located within the BMS and is the northern
most of the six (6) solar greenhouses located at the BMS and is the same greenhouse
sometimes referred to as solar greenhouse F or solar greenhouse #6;
V. "Subject Output" means dried Biosolids meeting the Class A requirements
as set forth in 40 C.F.R. § 503.32;
W. "TDE" means the thermal drying equipment to be supplied by Company
pursuant to this Agreement and consists of a Gryphon Model 1050 thermal belt dryer with
ancillary equipment, including its electrical control cabinets and cooling tower. Title to
the TDE shall at all times remain in the Company unless and until the City purchases the
TDE from the Company pursuant to certain "Buy -Out" rights being granted to the City
pursuant to Article VIII.
X. "Tooling" means, collectively, all tooling, dyes, test and assembly fixtures,
gauges, jigs, patterns, casting patterns, cavities, molds, and documentation (including
engineering specifications and test reports) used by Company in connection with the
Project, together with any accessions, attachments, parts, accessories, substitutions,
replacements and appurtenances thereto; and
Y. "Wastewater Treatment Plant" or "WWTP" means any works, facility,
or plant used for the treatment or disposal of wastewater.
2.2. Rules for Interpretation. In interpreting this Agreement, the following rules shall
be applied:
A. Where the context requires words importing the singular shall include the
plural and vice versa;
B. Where the context requires words importing "persons" or "Persons", such
terms shall include individuals, firms, corporations, associations, and all other forms of
entity or organization, municipalities, utilities, or other legal entities;
C. A reference in this Agreement to any Article, Section, Appendix, clause,
sub -clause, paragraph, schedule, part, or annex is, except where it is expressly stated to the
contrary, a reference to such Article, section, Appendix clause, sub -clause, paragraph,
schedule, part, or annex of this Agreement;
D. Headings are for convenience of reference only;
E. Each reference to this Agreement or to any other document, contract, or
agreement shall include a reference to each permitted variation of, or supplement to, this
Agreement and such document, contract, or agreement as amended, varied, or
supplemented from time to time;
F. Each reference to this Agreement refers to this Agreement together with the
Appendices;
0I
G. References to any Legal Requirements shall include any statute or statutory
provision which amends or replaces or has amended or replaced it and shall include any
subordinate legislation made under any such Legal Requirements;
H. A Person includes its successors and permitted assignees or transferees; and
I. The words "include," "includes" and "including" are deemed to be followed
by the words "without limitation." The word "or" is not exclusive.
ARTICLE III
THE COMPANY'S SERVICES AND WARRANTIES
3.1 Scope of Company's Services. The Company shall provide the Services in
accordance with the schedules, requirements, and timelines set forth in Appendix A. In this regard,
the Company shall have the right and obligation at its cost to install, own, operate, finance, and
maintain the TDE and other Company Assets subject to City's performance of its obligations
including making all required Contract Payments) under this Agreement. The Company's
ongoing operation and maintenance of the TDE and other Company Assets as specified in
Appendix A, in whole or in part, is subject to the City's compliance with the terms of this
Agreement.
3.2 Standards for Performance of the Services. The Company represents and warrants
that it shall perform the Services required under this Agreement in a professional and good and
workmanlike manner and in accordance with the terms of this Agreement, good engineering and
operating practices, any applicable Legal Requirements, and any vendor warranties. Further, the
Company's employees, subcontractors, or agents assigned to perform any Services under the terms
of this Agreement shall have the requisite skills, training, and knowledge reasonably
commensurate with his or her level of performance or responsibility, so as to be able to perform
the Service in a competent and professional manner. The Company agrees that it is performing
Services at the direction of City and will heed the City's instructions regarding the timing,
conditions, and scope of such Services provided that those instructions are not in conflict with the
terms and provisions of this Agreement or with applicable Legal Requirements. Further, the
Company shall not be required to carry out any Services except to the extent the Company has
received all required information and cooperation from the City, and the City agrees to promptly
provide all requested approvals, information, and authorizations to enable the Company to perform
the Services and complete the Project in accordance with this Agreement.
3.3 The Company's Personnel Standards. The Company shall provide as reasonably
necessary all labor and professional, supervisory, and managerial personnel as are required to
perform the Services. All individuals employed by the Company to perform the Services shall be
employees of the Company or of the Company's contractors, and their working hours, rates of
compensation and all other matters shall be determined solely by the Company.
3.4 Operating Records and Reports. The Company shall develop and maintain
equipment logs, records, and reports that document the performance of the Services, including the
installation of the TDE in Solar House F, all in form and substance as may be reasonably required
7-
by the City. The Company shall maintain current revisions of drawings, specifications, lists,
clarifications, and other materials related to the Services and the installation of the TDE.
3.5 Non -Exclusivity. Nothing in this Agreement shall preclude the Company from
engaging in other business similar or identical to the Project with third parties.
3.6 The Company's Additional Representations and Warranties. The Company further
represents and warrants to the City that:
A. The Company has complied with all Legal Requirements and Required
Consents such that the Company has the full right, power, and authority to enter into this
Agreement and to perform its obligations under this Agreement;
B. The execution of this Agreement by the Company Representative, whose
signature is set forth on the signature page of this Agreement, and the delivery of this
Agreement by the Company has been duly authorized by all necessary action on the part
of the Company;
C. The execution, delivery, and performance of this Agreement by the
Company will not violate, conflict with, require consent under, or result in any breach or
default under any Legal Requirements or Required Consent, with or without notice or lapse
of time or both, or the provisions of any contract or agreement with third parties;
D. This Agreement constitutes the legal, valid, and binding obligation of the
Company and is enforceable against the Company in accordance with its terms;
E. Except for Required Consents to be obtained by the City, the Company has
obtained all Required Consents required by the Legal Requirements to perform its
obligations under this Agreement;
F. All information that the Company has provided to the City is true and
accurate and fairly represents the facts to which such information relates; and
G. The Company Representative has and is deemed to have full power and
authority to act on behalf of the Company. Any notice given to the Company
Representative or consent given by the Company Representative to the City under this
Agreement shall bind the Company (for whom the Company Representative shall be
deemed to act as agent) as though it had been given by the Company. The City may rely on
the Company Representative as having full authority to act on behalf of the Company,
including with regard to any Required Consents, Directives, requests, notices, or
agreements given to the City. The Company may remove and replace the Company
Representative at any time but shall give the City prior written notice of any such intended
removal or replacement and provided always that no such removal or replacement of any
Person as the Company Representative shall invalidate or otherwise affect any actions or
decisions of such Person in his capacity as the Company Representative prior to such
removal or replacement. If the Company notifies the City of the removal of the Company
Representative, then, until the Company appoints a replacement, any notification to be
made by the City to the Company Representative shall be made to the Company.
ARTICLE IV
CITY RESPONSIBILITIES, REPRESENTATIONS, AND WARRANTIES
4.1. Information. At the Company's request, the City shall provide the Company with
all assistance and information reasonably necessary for the Company to discharge its obligations
under this Agreement. The Company shall be entitled to rely upon such information provided by
the City in the Company's performance of the Services.
4.2. Reasonable Access. At all times during the Term and following Termination until
such time as the City has made the Termination Payment, the Company may enter upon the
immediate site of the Project and all related areas, premises, and facilities in the vicinity of the
Project or otherwise to the extent they affect the construction, operation, and maintenance of the
Project. The City agrees to obtain all Required Consents to ensure the Company's access to the
foregoing.
4.3. Testing. The Company shall be entitled to conduct tests and take samples related
to the Project, and the City hereby grants the Company access to test results and samples taken by
or on behalf of the City related to the Project.
4.4. Alterations to Sewerage Systems. The City shall keep the Company informed of all
desired, proposed, or required physical alterations to the City's sewerage systems which may
impact the Project in any way, including the volume of Biosolids to be processed through the
Project, and the City shall not make any such alterations unless all possible impact to the Project
including, increases in the Fees) have been discussed and any necessary alterations to the Project
have been agreed to between the City and the Company. In any event, the Company shall have no
less than a reasonable period of time in which to make any alterations to the Project which are
required prior to the commencement of any proposed alterations by the City to its sewerage
systems.
4.5. Legalquirements and Required Consents. The City shall at its cost carry out its
obligations under this Agreement so as to comply at all times with all Legal Requirements and
Required Consents (including those introduced after the Execution Date). The City shall be
deemed to have satisfied itself as of the Execution Date as to the sufficiency and adequacy of the
City Consents for the purpose of the Company discharging its obligations under this Agreement.
The Company is not and shall not be liable for any errors or omissions made in obtaining any
Required Consents for purposes of this Agreement or for any costs of rectifying any such errors
or omissions. The City shall give the Company all reasonable assistance in rectifying any such
errors or omissions in the Required Consents. The City shall take full responsibility as if it had
applied for and obtained the Required Consents on its own behalf. In this regard:
A. The City shall be responsible for obtaining all Required Consents (including
the City Consents). The City shall at all times comply with all laws (including Legal
Requirements, Required Consents, and Directives) applicable to this Agreement, the City's
performance of its obligations under this Agreement, and the City's use or sale of any
product or Subject Output relating to the Project. Without limiting the generality of the
foregoing, the City shall (i) at its own expense, maintain all Required Consents and (ii) not
engage in any activity or transaction involving the Project that violates any law.
M
B. The City shall notify the Company immediately in the event that any
Required Consent is proposed to be amended or replaced by the relevant Competent
Authority, or in the event that a new Required Consent is to be issued by a Competent
Authority, and shall from time to time, at its own cost, provide to the Company such other
information in relation to the progress of such amendment, replacement, or issue as the
Company may require, and the City shall copy the Company on all correspondence the
City has with such Competent Authority. The City agrees to take account of the
Company's comments and input in relation to any matter concerning such amendment,
replacement, or issue.
C. If, following an amendment or replacement of a Required Consent or the
issuance of a new Required Consent, the Company requests that the City appeal a decision
of a Competent Authority, the City shall use its best efforts to appeal that decision.
D. Without limiting the City's obligations, the Company shall have the right
and authorization, but not the obligation, to undertake any process, application, or
otherwise to obtain any Required Consent for the Project on behalf of the City and the
Project in the event that the City fails to do so. The City shall provide the Company with
all information within the City's possession or control reasonably required by the Company
in relation to or for the purpose of so obtaining any Required Consent.
E. If the City fails to pay any fee or other amount due pursuant to a Legal
Requirement or Required Consent when it is due, the Company may (at its sole discretion)
pay such fee and the amount so paid shall be immediately due and payable by the City to
the Company.
F. The City shall comply with any decree, declaration, order, judgement,
Directive, stipulation, or requirement given, made, or issued by any Competent Authority
against or in relation to the City as a result of a breach by the City of any Legal Requirement
or Required Consent.
G. The City shall provide the Company with all information reasonably
requested by the Company in relation to the Required Consents (including, if so requested,
copies of applications and copies of Required Consents) and shall consult with the
Company in connection with such matters.
H. The City acknowledges and agrees that, if the Required Consents are
withheld from the City for any reason whatsoever, the City shall nevertheless remain liable
for and pay to the Company the Minimum Fees specified in Appendix B as if the Required
Consents had been issued for a period of up to sixty ("60") days.
4.6. Information Regarding _ Construction Work. The City shall promptly provide the
Company with all accurate and complete information requested by the Company which is
necessary (A) to enable the Company to perform any construction work that the Company is
obligated to perform pursuant to this Agreement or (B) for the Company to exercise its rights under
this Agreement. The City shall immediately notify the Company in writing of all incidents of
whatsoever nature affecting or likely to affect the progress of any construction work.
10-
4.7. Performance Testing. The City agrees to fully cooperate with the Company in any
performance tests related to the Project required by the Company, including any set forth in the
Project Specifications. The Company shall have the right to cure any issues detected during a
performance test, and the City agrees to cooperate in such cure efforts. Upon the Company's
determination that the Project has passed all such performance tests, the Company shall issue a
Performance Test Certificate.
4.8. Operation and Maintenance. If applicable, the City shall execute and deliver to the
Company any required operation and/or maintenance agreements for the Company's operation of
the Project.
4.9. City Representations and Warranties. The City represents and warrants to the
Company that:
A. The City has complied with all Legal Requirements and Required Consents
such that the City has the full right, power, and authority to enter into this Agreement and
to perform its obligations under this Agreement;
B. The execution of this Agreement by the City Representative, whose
signature is set forth on the signature page of this Agreement, and the delivery of this
Agreement by the City have been duly authorized by all necessary action on the part of the
City;
C. The execution, delivery, and performance of this Agreement by the City
will not violate, conflict with, require consent under, or result in any breach or default under
any Legal Requirements of Required Consent, with or without notice or lapse of time or
both, of the provisions of any contract with third parties;
D. This Agreement constitutes the legal, valid, and binding obligation of the
City and is enforceable against the City in accordance with its terms;
E. The City has obtained all Required Consents required by the Legal
Requirements to perform its obligations under this Agreement;
F. All information that the City has provided to the Company is true and
accurate and fairly represents the facts to which such information relates; and
G. The City Representative shall be the primary point of conduct between the
City and the Company. The Company may rely on the representations, directions, and
instructions (the "Authorized Directions") issued to it by the City Representative provided
that the Authorized Directions do not contradict or conflict with any terms of this
Agreement, including the terms of the Appendices. The City may remove and replace the
City Representative at any time but shall give the Company prompt written notice of any
such removal or replacement and provided that no such removal or replacement of any
Person as the City Representative shall invalidate or otherwise affect any prior Authorized
Directions given by the City Representative to the Company. If the role of City
Representative is vacant, then, until the City appoints a replacement, any notification to be
made by the Company to the City Representative shall be made to the City's Mayor.
11-
H. The City Mayor has and is deemed to have full power and authority to act
on behalf of the City if the Fayetteville City Council (the "Council") has passed a
Resolution agreeing to this Agreement. The Council must expressly by resolution agree to
any consents or changes to this Agreement with respect to its scope and costs. The
Company Representative shall have the power and authority to bind the Company pursuant
to this Agreement.
4.10. No Waiver of Sovereign ImmunitX. The City agrees that its statutory sovereign
immunity (which is not waived) is primarily applicable to negligence and unintentional torts but
is not applicable to breach of contract claims.
4.11. Non -Solicitation of Company Employees. During the Term and for a period of one
1) year following the expiration of the Term or the termination of this Agreement (whichever first
occurs), the City will not solicit, hire, or otherwise employ any of the Company's employees.
ARTICLE V
COMPENSATION, PAYMENT, AND TITLE TO OUTPUT AND ASSETS
5.1. The Fees. As compensation to the Company for performance of the Services and
the delivery of the Project, the City shall pay the Company the Fees specified in Appendix B, with
such payments being made without retention, set off, withholding, or deductions of any sums due
and owing to the Company.
5.2. Billing, Payment, Default, and Termination. Each month, the Company shall issue
and deliver to the City a written or electronic invoice itemizing the Services that the Company
provided to the City during the prior month. The City shall pay the Company the sums specified
in each invoice within thirty (30) days of receipt.
5.3. Title to Subject Output. Title to the Subject Output will remain with the City
throughout the Term and thereafter. The City bears all risk and responsibility for disposing the
Subject Output and all other products and output generated or processed by the City Facilities, and
the Company has no responsibility whatsoever for the Subject Output or any of the other products
or output generated or processed by the City Facilities.
5.4. Title to Company Assets. At all times during the Term, all ownership rights and
title in and to the Company Assets shall remain exclusively with the Company. The City shall not
offer for sale, transfer, assign, pledge, lien, or otherwise encumber the Company Assets absent the
Company's prior express written consent.
ARTICLE VI
FORCE MAJEURE
6.1. As used in this Agreement, the phrase "Force Majeure Event" means any one or
more acts, events, or occurrences that are unforeseeable and not caused by the negligence or willful
misconduct of the affected Party that are beyond the reasonable control of such Party, including,
without limitation:
12-
A. an act of war (whether war is declared or not), hostilities, invasion, act of
foreign enemies, terrorism, or civil disorder;
B. tempest, earthquake, epidemic, pandemic, biological outbreak, viral
outbreak, pathogenic outbreak, or any other natural disaster of overwhelming proportions;
C. ionizing radiations or contamination by radio -activity from any nuclear fuel,
or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive,
or other hazardous properties of any explosive nuclear assembly or nuclear component
thereof,
D. unusually severe or inclement weather, severe drought, court or
governmental orders or injunctions, inability to obtain permits despite the Party's due
diligence, shortage or unavailability of materials or labor,
which alone or in combination prevents a Party from complying with its obligations under this
Agreement (each an "Event"), unless, in relation to the City:
E. the Event was within the control of the City or any other Competent
Authority;
F. the Event could have been foreseen or avoided by the City or Competent
Authority;
G. the City or Competent Authority has not used all reasonable efforts at all
times to overcome the applicable Event; or
H. the Event was caused by any Directive.
6.2. Notice of a Force Majeure Event. If a Force Majeure Event occurs, a Party whose
performance under this Agreement may be affected by the Event shall immediately provide written
notice of the existence of the Force Majeure Event to the other Party. Within a reasonable time
following the date of termination of a Force Majeure Event, the Parry which invoked it shall submit
to the other Party reasonable proof of the nature and effect of the Force Majeure Event upon the
invoking Party's performance under this Agreement.
6.3. Effect of a Force Majeure Event. Neither Party (the "First Party") shall be in
breach of its obligations under this Agreement or liable to the other Parry (the "Second Party")
for any losses or damages of any nature whatsoever incurred or suffered by the Second Party if
and to the extent that: (A) the First Party is prevented from discharging those obligations as a result
of a Force Majeure Event; or (B) such losses or damages are caused by a Force Majeure Event.
6.4. Reasonable Efforts. The Parties shall use all reasonable efforts to prevent and
mitigate the effects of any Force Majeure Event, including taking all commercially reasonable
steps to overcome or minimize the actual or anticipated delay or impact caused by a Force Majeure
Event.
13-
6.5. Delays and Extension of Term. The Term of this Agreement shall be extended at
the request of either Party by the amount of time lost because of a Force Majeure Event, provided
that, if a single Force Majeure Event continues for a period longer than twelve (12) months, then
the Parties shall act in good faith to negotiate any modifications to this Agreement.
ARTICLE VII
TIME FOR COMPLETION
7.1. Project Schedule. The Project shall be completed within the time and in accordance
with the schedules and deadlines set forth in Appendix A.
7.2. Delays. If by reason of -
A. Any change to the Project Specification whether by addition, modification,
omission, or otherwise made in accordance with this Agreement;
B. A change in any Legal Requirements;
C. A Force Majeure Event;
D. A City Default;
E. The discovery of any archaeological find or materially different site
conditions from those expected as of the Execution Date; or
F. Any other event not caused by the Company;
each of the foregoing being a "Delay Event"), the Company has been delayed in the achievement
of any construction timetable, milestone, time of completion, or other Project Specification, the
corresponding time for such construction, milestone, completion, or other Project Specification
shall be automatically extended accordingly by the length of delay caused by the Delay Event(s).
7.3. Additional Compensation. In addition to all other rights and remedies of the
Company, the Company shall be entitled to an equitable adjustment to the Fees if a City Default
whether cured or not) increases the costs incurred by the Company in performing the Services or
in furtherance of the Project.
ARTICLE VIII
TERMINATION AND BUY-OUT RIGHTS
8.1. Definitions Regarding Termination. The following definitions apply to this
Agreement:
A. "Cure" means the actions taken by or through a Party to resolve, remedy,
cure, correct, or otherwise satisfy a Default.
B. "Cure Period" means the period within which a Party has to Cure a Default
and it commences upon a Party's receipt of a Default Notice from the other Party. The
14-
Cure Period shall be thirty (30) days (or such other period of time as may be specified in
this Agreement as to the specific circumstances) unless the nature of the Default is such
that more than thirty (30) days (or such other period of time as may be specified in this
Lease as to the specific circumstances) are reasonably required for its Cure.
C. "Default" occurs when a Party materially defaults in performing or is
otherwise in material breach of any of the terms of this Agreement.
D. "Default Notice" means the written notice sent by a Party who claims that
the other Party is in Default and that specifically details the facts and circumstances of the
alleged Default.
E. "Termination Notice" means the written notice sent by the Parry claiming
that the other Party has failed to Cure its Default within the Cure Period. The Termination
Notice shall specify the Termination Date and shall be delivered in the manner set forth in
Section 15.5.
F. "Termination Date" means the date upon which any termination of this
Agreement becomes effective. Except as expressly specified in this Agreement as to the
specific circumstances providing for different timing (see, e.g., Section 5.2), the
Termination Date will be a date no earlier than thirty (30) days following the date of
issuance of the Termination Notice.
8.2. Default by the Company. If the Company commits a Default (a "Company
Default") and fails to Cure the Company Default within the Cure Period, the City shall have the
right to terminate this Agreement by sending its Termination Notice to the Company. The Parties
further agree that:
A. If the Company Default consists of the Company failing to provide the
Services because of a mechanical issue, maintenance issue, performance issue, defect, or
other significant problem in or with the Company Assets (collectively, a "Services
Breach") with the repair or remedying of the Services Breach being commercially
unreasonable, the City's sole remedy for damages shall be the right to withhold and deduct
from the Fees (that otherwise would have been due and payable to the Company during the
period of time in which the Company Default was in existence (the "Services Default
Period") an amount equal to the actual direct damages suffered by the City during that
Services Default Period. If the City's actual damages exceed the Fees that otherwise would
be owed during the Services Default Period (the "Default Period Fees"), then the City's
damages shall be capped at the Default Period Fees, and in no event shall the Company
have to pay the City any damages or compensation because of a Services Breach.
B. If the Default consists of the Company having abandoned the Project or the
Company's willful, wanton, and unjustified refusal to provide the Services, then, the City
shall have all remedies allowed by law, including the right to seek direct and consequential
damages.
15-
Upon termination due a Company Default, the Company shall bear all costs associated with its
withdrawal and demobilization for the Project, including the costs of repossessing the Company
Assets.
8.3. Default by the City. If the City commits a Default (a "City Default") and fails to
Cure the City Default within the Cure Period, the Company shall have the right to terminate this
Agreement by sending a Termination Notice to the City.
8.4. Termination for Convenience. At any time and on terms mutually agreed to in
writing by the Parties, the Parties may jointly elect by way of a written agreement to terminate this
Agreement for their mutual convenience.
8.5. Termination Compensation. Upon termination due to a City Default or due to the
expiration of the Term, the City shall pay the Company:
A. All sums accrued and owing as of the Termination Date;
B. The costs and expenses reasonably incurred by the Company related to its
withdrawal and demobilization from the Project, including the costs of repossessing the
Company Assets; and
C. In the case of a City Default, a capital sum reasonably agreed by the Parties
as compensation for the damages suffered by the Company as a result of the termination
collectively, all such sums in this Section 8. 5 comprise the "Termination Payment").
Within sixty (60) days of the Termination Date, the Company shall issue an invoice (the
Termination Invoice") for the Termination Payment, and the City shall make the Termination
Payment within thirty (30) days of its receipt of the Termination Invoice.
8.6. Consequences of Termination. Upon termination of this Agreement because of a
City Default or because of the expiration of the Term:
A. The City shall immediately relinquish possession of the Company Assets,
and the Company shall have the right to retake possession of all Company Assets, free and
clear from all liens, charges, and encumbrance; and
B. The City shall provide the Company with copies of all documents, books,
and records related to the Project within thirty (30) days of the Termination Date.
8.7. Cit Option to Buy -Out the Company Assets. The City shall have the option to
purchase the Company Assets, including the TDE, (the "Buy -Out") at the End of the Term. The
City must provide a minimum of ninety (90) days' advance written notice to the Company prior
to the end of the Term of the City's intent to exercise its Buy -Out rights. The Buy -Out of the
Company Assets shall be completed by way of a separate written agreement between the Parties
in the form attached hereto as Appendix C, and the consummation of the Buyout shall act as a
termination of this Agreement.
A. The price of the Buy -Out is set forth in Appendix B.
16-
B. The Company Assets to be included in the Buy -Out are set forth in
Appendix A (as may be amended from time to time by the Parties) or as may be otherwise
agreed to in writing by the Parties.
ARTICLE IX
WARRANTY LIMITATIONS AND NON -RELIANCE
9.1. Not a Contract for the Sale of Goods. The Parties acknowledge and agree that this
Agreement is in the nature of a contract for the delivery of services, and not a contract for the sale
of goods, such that the provisions of Chapters 2 (Sales) and 2A (Leases) of Subtitle 1 (Uniform
Commercial Code) of Title 4 of the Arkansas Code of 1987 Annotated are inapplicable to the
interpretation or enforcement of this Agreement.
9.2. No Other Warranties. Except as expressly provided in this Agreement, including
but not limited to the warranties issued by the Company pursuant to Article III of this Agreement,
the Parties acknowledge and agree that the Company has not made and makes no other express or
implied representation or warranty whatsoever, either oral or written, including any warranties of
merchantability, fitness for a particular purpose, or performance of goods or products to specific
standards different from those set forth in this Agreement, whether arising by law, course of
dealing, course of performance, usage of trade or otherwise, all of which are expressly disclaimed
by the Company. The City acknowledges that it has not relied upon any representation or warranty
made by the Company not expressly stated in this Agreement.
9.3. No Consequential Damages. Except as expressly provided for in this Agreement,
in no event shall the company or its representatives be liable for consequential, indirect, incidental,
special, exemplary, punitive, or enhanced damages, lost profits or revenues, or diminution in value
arising out of or relating to any breach of this agreement.
ARTICLE X
INTELLECTUAL PROPERTY RIGHTS
10.1. Ownership of Intellectual Property Rights. All Intellectual Property Rights relating
to the Project, the Services, and/or this Agreement, shall (as between the City and the Company)
vest in the Company. The Company hereby grants to the City a limited, non -transferable,
revocable, non-exclusive license to use the Intellectual Property Rights only to the extent required
in furtherance of the Project and provided that City shall not and shall not permit any other Person
to:
A. Copy, modify, or create derivative works or improvements on or to the
Project or the Intellectual Property Rights;
B. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or
otherwise make available any Intellectual Property Rights to any Person, including on or
in connection with the internet or any time-sharing, service bureau, software as a service,
cloud, or other technology or service;
17-
C. Reverse engineer, disassemble, decompile, decode, adapt, or otherwise
attempt to derive or gain access to the source code of the Intellectual Property Rights, in
whole or in part;
D. Bypass or breach any security device or protection used by the Intellectual
Property Rights;
E. Remove, delete, alter, or obscure any trademarks, specifications, end user
license agreements, warranties, or disclaimers, or any copyright, trademark, patent, or other
intellectual property or proprietary rights notices from any Intellectual Property Rights;
F. Access or use the Intellectual Property Rights in any manner or for any
purpose that infringes, misappropriates, or otherwise violates any Intellectual Property
Rights or other right of the Company or in violation of Legal Requirements;
G. Access or use the Intellectual Property Rights for purposes of competitive
analysis of the Intellectual Property Rights, the development, provision, or use of a
competing services or products, or any other purpose that is to the Company's detriment
or commercial disadvantage;
H. Access or use the Intellectual Property Rights in, or in association with, the
design, construction, maintenance, or operation of any hazardous environments in which
the use or failure of the Intellectual Property Rights could lead to personal injury or severe
physical or property damage; or
I. Otherwise access or use the Intellectual Property Rights beyond the scope
of the authorization granted under this Agreement.
10.2. Limitation on Use. Drawings, Tooling, or other information or Intellectual
Property Rights supplied by the Company shall not without the Company's consent be used,
copied, or communicated to any third party otherwise than as strictly necessary for the purposes
of, or otherwise expressly permitted by, this Agreement.
10.3. No Dissemination. All Intellectual Property Rights (inclusive of information
supplied by of to the City and the City Representative to or from the Company for the purposes of
this Agreement) shall remain the property of the Company. The City shall not, without prior
express written consent of the Company, use, copy, or communicate to a third party the Intellectual
Property Rights otherwise than as strictly necessary for the purposes of, or otherwise permitted by,
this Agreement.
10.4. New Intellectual Property Rights. All Intellectual Property Rights developed by
the Parties in furtherance of this Agreement shall be and remain the property of the Company. The
City shall execute any and all documents reasonable or necessary in order to evidence the
Company's ownership of such new Intellectual Property Rights. If the City performs any of its
obligations under this Agreement through vendors or third parties, any Intellectual Property Rights
generated in furtherance of the Project shall be and remain the property of the Company. The City
agrees that it shall not remove any notices or legends pertaining to protection of the Company's
Intellectual Property Rights from materials provided to the City by the Company.
M.
10.5. Additional Actions. Each Party agrees to do whatever may be necessary to give
effect to or confirm the rights of the Company in and to the Intellectual Property Rights. The
Company shall have the sole right to prepare, file, prosecute, and maintain patent, copyright,
trademark, trade dress, service mark, or other legal applications or registrations of any nature or
kind with respect to the Intellectual Property Rights. All such applications and registrations shall
be at Company's sole expense, and the City shall cooperate with the Company at the Company's
expense, if Contractor desires, to obtain such legal protections for all or any part of the Intellectual
Property Rights. The City shall execute all documents reasonable or necessary for the Company
to acquire such legal protections.
10.6. Survival. The provisions and obligations set forth in this Article shall survive the
termination of this Agreement and remain in force upon and following the termination of this
Agreement.
ARTICLE XI
CONFIDENTIALITY
11.1. "Confidential Information" means non-public confidential information which
would be exempt pursuant to the Freedom of Information Act and which might include Intellectual
Property Rights, trade secrets, know-how, research and development, training, software, programs,
hardware configuration information, price lists, data, manuals, handbooks, sponsors, investors,
business strategies and plans, marketing, sales records, drawings, specifications, designs,
materials, parts lists, customer lists, consumer information, suppliers, contract terms, test criteria,
vendor lists, financial information, or other information or data relating to the business of the
Company, whether or not reduced to writing. However, Confidential Information shall not include:
A. Any information which a Party can demonstrate is already generally
available and in the public domain otherwise than as a result of a breach of this Article;
B. Any disclosure which may reasonably be required for the performance of
that Party's obligations under this Agreement;
C. Disclosure of information which is required by the Freedom of Information
Act or any other Legal Requirement or regulatory authority;
D. Disclosure of any information which is already lawfully in the possession
of the receiving Parry prior to its disclosure by the disclosing Party;
E. The provision of information to owners, creditors, suppliers, or
subcontractors of the Company for purposes connected with the Project;
F. Provision of information to the Company's lenders or their professional
advisers or insurance advisers or, where it is proposed that a person should or may provide
funds (whether directly or indirectly and whether by loan, equity participation, or
otherwise) to the Company to enable it to carry out its obligations under this Agreement;
19-
G. Disclosure of information by the City or the Company to the any Person or
body who has statutory responsibilities in relation to the treatment or disposal of Sludge;
and
H. Registration or recording of the Required Consents and the Land
Documents (or any of them) in any public register.
11.2. Commitment. As a condition to entering into the Agreement and furnishing its
Confidential Information, the City hereby agrees to refrain from disclosing Confidential
Information provided that such Confidential Information is either marked "Confidential".
Notwithstanding the foregoing, Confidential Information may be disclosed to:
A. Fayetteville's Council Members, directors, officers, employees, agents,
advisors, and representatives of such advisors (the persons to whom such disclosure is
permissible being collectively called "Permitted Recipients") who need to know such
information;
B. Third -party contractors providing services relating to this Agreement who
have been bound by confidentiality restrictions at least as protective as those in this Article
XI; and
C. A Competent Authority or others as may be required by Legal
Requirements.
ARTICLE XII
INDEMNITY
12.1. Duty to Indemnify. Neither Party shall have a contractual duty to indemnify the
other Party from third -party claims.
ARTICLE XIII
INSURANCE REQUIREMENTS
13.1. Company Insurance. See the attached Certificate of Liability Insurance contained
at Appendix D.
ARTICLE XIV
DISPUTE RESOLUTION
14.1. Choice of Law. This Agreement shall be governed by and construed under and in
accordance with the laws of the State of Arkansas without regard to conflicts of law principles that
would require application of any other law.
14.2. Good Faith Negotiation. In the event of any dispute, claim, question, or
disagreement (any of which is a "Dispute") arising from or relating to the Project, the Services,
this Agreement, or an alleged Default, the Parties shall use their best good faith efforts to settle the
dispute by normal business discussions between the Representatives and/or their respective
20-
superiors having authority to resolve the Dispute or through mediation between the Parties
conducted by a mutually agreeable third -party neutral.
14.3. Equitable Relief. Each Party acknowledges and agrees that:
i. A Default or expressly threatened Default by it of this Agreement
would give rise to irreparable harm to the other Party for which monetary damages
would not be an adequate remedy; and
ii. In the event of a Default or threatened Default, the other Parry shall,
in addition to any and all other rights and remedies that may be available to it under
the Legal Requirements or otherwise, be entitled to seek equitable relief, including
a temporary restraining order, an injunction, specific performance and any other
relief that may be available from a Competent Authority, without any requirement
to post a bond or other security, and without any requirement to prove actual
damages or that monetary damages will not afford an adequate remedy.
14.4. Continued Performance. During the pendency of any litigation, the City and the
Company shall continue to perform their obligations under this Agreement unless to do so would
be commercially unreasonable in light of the circumstances.
ARTICLE XV
MISCELLANEOUS PROVISIONS
15.1. Assignment. Neither Party may assign its rights or obligations under this
Agreement without the prior written consent of the other Parry; however, the Company may assign
this Agreement or an interest in this Agreement in connection with the sale or reorganization of its
business and additionally may grant a security interest in this Agreement and in the Company
Assets in connection with any Company financing arrangements relating to or in furtherance of
the Project.
15.2. Amendments and Changes. No amendments or modifications of this Agreement,
including, but not limited to, changes to the Project Specifications and changes to the Services,
shall be valid unless evidenced in a writing that is signed by the Representatives. The Fayetteville
City Council must approve any amendment to this contact that would affect its scope or price
beyond any contingent amount previously approved by the City Council.
15.3. Survival. Notwithstanding any provisions in this Agreement to the contrary, the
obligations set forth in this Agreement shall survive in full force and remain in effect for a period
of two years after the expiration or termination of this Agreement.
15.4. No Waiver. The Parties acknowledge and agree that any delay, waiver, or omission
by a Party with respect to the enforcement of any right under this Agreement shall not be construed
to be a waiver by such Party of any subsequent breach or Default of the same or other required
right under this Agreement.
15.5. Notices. All notices and other communications (collectively "Notices") required or
permitted under this Agreement shall be in writing and shall be given to each party at its address
21-
and email address set forth in this Section 15.5 or at such other address and email as the Parties
may in the future specify in writing.
A. All Notices shall be sent both: (i) via electronic mail and (ii) either via (a)
first class mail, (b) registered or certified mail (return receipt requested and postage
prepaid), or (c) by a nationally recognized overnight courier service.
B. Notices shall be deemed to be given and received on the date that the Party
who is giving the Notice transmits the electronic mail specified in Section 15.5.A.(i)
provided that said Party also sends the Notice via the methods set forth in Section
15.5.A.(ii) on the same date that the electronic mail is sent.
C. Notices shall be sent to the following addresses:
To the Company
Tid Griffin
tid& griffinresiduals. com
Griffin Residuals, LLC
5872 Highway 1389
Owensboro, KY 42303
With a copy to:
William C, Buhay
wbuhay(a),wwhg com
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC
3344 Peachtree Road NE
Suite 2400
Atlanta, GA 30326
To the City:
Fayetteville Mayor
City Hall, Mayor's suite
113 West Mountain Street
Fayetteville, AR 72701
mayorkfayetteville-ar. gov
and
Utilities Director (Tim Nyander)
City of Fayetteville, AR
2435 S Industrial Drive
Fayetteville, AR 72701
tn. ander&fayetteville-ar.gov
15.6. Counterparts. The Parties may execute this Agreement in counterparts, which shall,
in the aggregate, when signed by both Parties constitute one instrument. Thereafter, each
counterpart shall be deemed an original instrument as against any Party who has signed it. The
parties acknowledge and agree that execution of this Agreement may be evidenced by facsimile,
electronic, or digital transmission.
22-
15.7. Partial Invalidity. If any term, provision, covenant, or condition of this Agreement
is held by a Competent Authority to be invalid, void, or unenforceable, the rest of this Agreement
shall remain in full force and effect and in no way be affected, impaired or invalidated.
15.8. Vendor's / Subcontractor's Warranties. For the City's benefit, the Company shall
transfer and assign any warranties it obtains from third parties relating to the Services, the
Company Assets, or the Project to the City, including any warranties against defects in materials
and workmanship to the extent such warranties are reasonably obtainable, and, to the extent of any
such warranties actually obtained, the City agrees to first pursue relief from such vendor. The
Company itself shall not be liable for any such warranties. Upon the City's request, the Company
agrees to assist the City in the enforcement of any such warranties, Each such warranty shall be
enforceable by the Company for the Company's benefit or assignable by the Company to the City
without any further action or consent by or on the part of any third party. Unless otherwise
requested, the Company shall administer such warranties and iinmediately notify the City of any
defects discovered or suspected that.may be covered by such warranties.
15.9. Mutual Cooperation. Each Party agrees, upon the reasonable request of the other
Party, to execute any documents and take any further steps as may be reasonably necessary in
order to implement and give full effect to this Agreement.
15.10. Costs and Expenses. Each Party shall bear its own costs and expenses (including
attorney's fees and expenses) in connection with the preparation, negotiation, and completion of
this Agreement
IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly
authorized officers as of the date set forth in the preamble to this Agreement.
For the Ci
By:
Na e: Lionel .lor 3n
Title:.Mayor, City of Fayetteville
Date: g /& 2 2
For the Company
Name:
Title:
Date: %
23-
APPENDIX A
SCOPE OF WORK PURSUANT TO THE GRIFFIN RESIDUALS
DRYING AS A SERVICE AGREEMENT BETWEEN GRIFFIN
RESIDUALS, LLC AND THE CITY OF FAYETTEVILLE, ARKANSAS
The following terms and conditions set forth the scope of work of the Parties and the Project
Specifications for the performance of the Project.
Project Construction.
A. Acknowledgment of Receipt of Project Specifications. The City acknowledges,
affirms, and agrees that Company has provided to City and City agrees to the contents
of the Project Specifications existing as of the Execution Date, including the Design
Documentation (and all other details of design or engineering standards to be
employed by the Company) and all drawings of the general arrangement and details
of the Project. A request by the City for a change to the Project Specifications or the
Services shall not and does not relieve or excuse the City from discharging all of its
obligations under this Agreement. The City acknowledges and understands that the
Company may condition any changes to the Product Specifications or Services on the
payment of additional Fees by the City to the Company.
B. Coordination of Engineering Plans. As soon as practicable following the Execution
Date, the Parties shall work together and coordinate in good faith to develop all
additional Design Documentation including the additional engineering plans and
drawings (the "Facility Plans") necessary for the delivery and installation of the
Company Assets and the implementation of the Project.
C. Mobilization, Installation, and Training.
City Utilities. The City shall bear and be solely responsible for the design,
installation, and proper supply of all utilities and utility lines (the "City
Utilities"), including natural gas, potable water, effluent wash water, sewer
connections, electricity, and compressed air to service the Company Assets. The
City shall provide City Utilities pursuant to the Design Documentation and
Facility Plans.
2. Delivery of the Company Assets. The Company shall deliver the Company
Assets, inclusive of the TDE, to the City at Solar House F upon the Company's
receipt from the City of all of the following:
a) The Design Documentation, including the Facility Plans, as well as all
other existing building design and engineering/planning for the
installation of the Company Assets in Solar Green House F, including
detailed and accurate information identifying and denoting:
i) The electrical connections for all current and future uses of the TDE;
ii) Condensate drainage and return to the City's Facilities;
iii) Wash water drainage and return to the City's Facilities; and
iv) The availability of and specifications for the delivery of fresh water
and natural gas to service the Project;
b) The granting by the City to the Company of reasonable access to the City's
Facilities for the Company's inspections, assessments, and preparatory
work;
c) Validly executed State of Arkansas, Division of Environmental Quality
AR-DEQ), Office of Water Quality (OWQ) permits or statements of "no
objection to use of existing permits" under permits AR0020010, AFIN 72-
00781 and AR0050288, AFIN 72-01033 for the installation and operation
of the Company Assets;
d) All other Required Consents;
e) A fully executed copy of this Agreement and all other documents or
instruments reasonably requested by the Company that are required to be
validly executed and delivered by City;
f) Validly executed financing agreements (if any); and
g) Certified copies of the insurance policies that the City is required to have
in place under this Agreement.
3. Installation of the Company Assets. Upon notice from the City that Solar House
F is ready for the installation of the Company Assets and agreement between the
Parties as to the Facility Plans, the Company shall install the Company Assets
in Solar House F pursuant to the Facility Plans.
a) Electrical Connections. Following the City's installation of the City's
Utilities, the Company shall perform the final electrical terminations to the
TDE's controls/electrical cabinet and junction boxes.
i) Company Supplied Conveyors. As part of the Company Assets, the
Company shall supply at Solar House F one (1) dried solids
conveyor (the "Company Conveyor"), consisting of a side
discharge conveyor located at the end of the TDE.
b) City Supplied Convey. The City shall provide and install an inclined
conveyor adjacent to the Company Conveyor. The City, with coordination
and input from the Company, shall design and install all conveyance
equipment to and from the TDE (the "City Conveyors").
Appendix A Page - 2
i) The City Conveyors will be electronically connected to and
controlled by the TDE's controls cabinet.
ii) The City Conveyors shall have electric motors and controls and shall
have low voltage control cabling run and connected to the TDE's
controls cabinet.
iii) If the Parties mutually agree in a writing executed by the
Representatives, the City may continue operation of the City -
supplied hopper (the "Hopper") and conveyance equipment with
hydraulic motors. In that event, the Company's PLC control of the
hydraulic motors shall be approved and coordinated between the
Parties.
iv) The City shall be solely responsible for the operation, maintenance,
and repair of the Hopper and the elevated conveyor.
4. Responsibilities During Mobilization and Installation. The Parties have agreed
to mobilize and install (collectively, the "Commissioning") the Project in
accordance with the provisions of this Appendix A.
a) For purposes of clarity, during the Commissioning, the City shall:
i) Operate and maintain all of the City Facilities in accordance with
the standards, practices, methods, and procedures conforming to the
Legal Requirements and with that degree of skill, diligence,
prudence, and foresight which would reasonably be expected from
a utility (whether public or private) in the same type of industry; and
ii) Ensure that all City employees, contractors, or other persons act in
accordance with any training provided by or otherwise directed by
the Company.
b) The City shall provide the Company with all required assistance to enable
the Company to commission the Project in accordance with this Appendix
A.
c) The Company may retain or set off amounts due to it from the City against
amounts due (if any) by the Company to the City under this Agreement.
5. Certification Date, Operational Support, and Training. Following the completion
of the installation of the Company Assets (the "Certification Date"), the
Company shall issue the Performance Test Certificate certifying that the
Company Assets, inclusive of the TDE, have been properly installed and are
functioning as intended. Further, the Company shall provide operational support
and classroom training to the City and its employees for a three (3) week period
the "Training Period") following the Certification Date. During the Training
Period, the Company shall be responsible for the operation of the Company
Appendix A Page - 3
Assets. Upon the conclusion of the Training Period, the City shall assume the
operation of the Company Assets; however, the Company shall have full access
to the Company Assets at all times during the Term, including for the purpose
of making any adjustments for the efficient operation of the Company Assets.
D. Construction Timetable. The following is the Parties' projected "Construction
Timetable" as of the Execution Date (which both Parties acknowledge and agree is
subject to change):
1. The Company shall deliver the TDE within thirty (30) days of the Execution
Date or such other time as the Parties agree is commercially reasonable. The
Company will require ten (10) business days to set and install the TDE. The
Parties shall coordinate in good faith the final determination of the specific dates
for the shipment, delivery, and offloading of the TDE.
2. The City shall have forty-five (45) days or such other time as the Parties agree
is commercially reasonable following delivery of the TDE to complete the utility
connections and building modifications to Solar House F (the "City's
Construction Work").
3. Following the City's written notice to the Company that that the City has
properly completed the structural and other modifications to Solar House F, the
Company shall deliver the Company Conveyor to Solar House F for the City's
installation and complete field assembly of the TDE and the City's Utilities
collectively, the "City's Assembly").
4. Following the City's Assembly, the Company shall perform the final electrical
connections to the TDE's control cabinet and junction boxes. For purposes of
clarity, Table 1 to this Appendix A sets forth the Parties' respective
responsibility for the supply and installation of the utilities serving the Project.
5. The start-up of the operations of the TDE and the training of the City's staff by
the Company shall begin within seventy-five (75) days of the initial delivery of
the TDE, unless an alternate schedule is agreed to in writing by the Parties.
6. As of the Execution Date, and based on the Parties' belief that they will need
thirty (30) days following the Execution Date to complete their planning for and
coordination of the construction work, but subject to supply chain issues and the
delivery of materials and services by third parties, the schedule for the
construction work is tentatively as follows:
a) On a date to be mutually agreed to by the Parties: The Company shall
begin the delivery of the TDE to the BMS;
b) Approximately two (2) weeks after the Company's delivery of the TDE:
The completion of the Company's placement and installation of the TDE;
Appendix A Page - 4
c) Approximately six and one-half (6'/2) weeks after the completion of the
Company's placement and installation of the TDE: The completion of the
City's Construction Work;
d) Approximately four (4) weeks after the completion of the City's
Construction Work: The Company's delivery of the Company Conveyor
and the City's completion of the City's Assembly; and
e) December 31, 2022: The target date by which the Parties intend to have
met the Certification Date.
f) Approximately three (3) weeks following the Certification Date: The City
shall assume the day-to-day responsibility of operating the Company
Assets.
The Parties acknowledge and agree that meeting the scheduled dates set forth in this
Construction Timetable is contingent upon both Parties' proper and timely compliance
with and discharge of their respective obligations under this Agreement, including the
obligations set forth in this Appendix A, as well as the delivery of materials and
services from third parties. The Parties each agree to use commercially reasonable
efforts to meet the targeted timeframes set forth above. Each Party agrees to give the
other prompt written notice if the notifying Party determines in its reasonable opinion
that any delays are expected. In that event, the Parties shall cooperate in good faith to
amend or revise the Construction Timetable to account for such delay. This is a
schedule not a binding obligation but rather is a good faith estimate of the tasks to be
completed by the Parties to meet the Certification Date on or before December 31,
2022, and the Parties shall cooperate in good faith to meet that goal.
2. Project Operation
A. City's 's Responsibility for the Management and Delivery of Wastewater and Sludge.
Delivery of Wastewater to the Project. The City shall receive, treat, and dispose
of all wastewater discharged into and from the Project, including receiving,
treating, and disposing of all wastewater discharged into and from the Project,
and shall treat and dispose of it in accordance with all Legal Requirements and
in a manner which will mitigate, so far as reasonably practicable, the extent to
which any pollutant or contaminant prevents the treatment or disposal of
wastewater in the Project.
2. Sludge Standards. The City shall ensure, on a continuing basis throughout the
Term, that the composition and intake by the City of all Sludge to be treated and
disposed of by the Company in accordance with this Agreement is at all times,
including at the Sludge Delivery Point, compliant with all Legal Requirements,
industry standards, and the Company's specifications. The City shall maintain
records of compliance with each of the foregoing and shall make such records
available for the Company's review and inspection upon reasonable notice given
by the Company to the City.
Appendix A Page - 5
3. Connections. The City shall promptly upon request by Company:
a) make or permit the Company to make connections to or disconnections
from (free of expense to the Company in each case) any part of the Project
with any drain or any public or private sewer; and
b) take, treat, and dispose of wastewater and condensate discharged from the
Project.
B. Input Weighing and Calculation of TDE Volumes. The weight of the input into the
TDE will be calculated with a belt scale located at the furthermost point of the
conveyor system before the elevated conveyor, which point shall be the "Sludge
Delivery Point", located in Solar Green House E located in the City Facilities. The belt
scale will provide an accurate measure of the wet tons of biosolids feeding the TDE.
The scale will allow precise measurement of product of different percent solids
without the burden of complicated and inaccurate calculations based on sampling and
assumptions.
C. Volume Limits and Standards. The City acknowledges, understands, and agrees that:
a) the Project will process not less than Fourteen Thousand (14,000) wet tons
of Sludge annually (the "Sludge Supply"), subject to adjustment by
Company;
b) it will, on a weekly basis, shall calculate the volumes processed during the
preceding week by the Project and report those volumes in writing to the
Company;
c) The minimum amount invoiced by the Company each month will be
computed based on the Project having processed at least One Thousand
1,000) wet tons during the preceding month;
d) If the daily influent to the Project exceeds Fifty -Five (55) wet tons of
Sludge, the TDE's production limits may be exceeded and the Subject
Output may exit the TDE at less than Class A standards.
D. Class A Requirements. The following requirements must be met for the Subject Output
to meet Class A pathogen alternatives:
Either:
a) The density of fecal coliform in the Biosolids must be less than 1,000 most
probable numbers per gram total solids (dry -weight basis); or
b) The density of Salmonella sp. Bacteria in the Biosolids must be less than
3 MPN per 4 grams of total solids (dry weight basis).
Either of these requirements must be met at one of the following times:
Appendix A Page - 6
c) When the Biosolids are used or disposed;
d) When the Biosolids are prepared for sale or give-away in a bag or other
container for land application; or
e) When the Biosolids or derived materials are prepared to meet the
requirements for exceptional quality ("EQ") Biosolids. EQ standards are
subject to the Biosolids quality received at the dryer, and meeting Class A
standards with the dryer does not guaranty that EQ standards will be met.
Pathogen reduction must take place before or at the same time as vector attraction
reduction, except when the pH adjustment, percent solids vector attraction, injection,
or incorporation options are met. Biosolids are dried by direct or indirect contact with
hot gases to reduce the moisture content of the biosolids to 10 percent or lower. Either
the temperature of the Biosolids particles exceed 80 degrees C or the wet bulb
temperature of the gas in contact with the Biosolids as the Biosolids leave the TDE
exceeds 80 degrees C.
E. The City's Obligations Regarding Discharge Consents.
The City shall ensure that all influent levels are maintained to not exceed the
standards set forth in the Project Specifications, including the specifications
contained in the Sludge Content Specification Sheet set forth below:
Sludge Content Specification Sheet
Item
parameter Unit Min. I Max.
No.
1 Dry solids cake * Feed 18 45
2 Volatile Solids DS 40 80
3 j Ash content DS 0 50
4
Total fiber content (sum of medium and
DS N/A N/A
coarse articles
5 Coarse fibers (>1.2mm) DS N/A N/A
6 Medium sized fibers (0.3 — 1.2mm) DS N/A N/A
7 pH — of sludge prior to dewatering PH 5 8
8
Oil & Grease - Hexane Extractable
mg/kg-DS 0 1100
Material
9
Chloride — total (liquid and solid phase of mg/kg-DS 0 1000
dewatered cake
10Idewatered
Fluoride — total (liquid and solid phase of mg/kg-DS 0 100
cake
Appendix A Page - 7
11 Sulphur - total (liquid and solid phase of mg/kg-DS 0 5000
dewatered cake
12 BTX (benzene, toluene and xylene) mg/kg-DS 0 50
13 PCB's — total mg/kg-DS 0 0.5
14 Total Petroleum Hydrocarbons mg/kg-DS 0 500
15 1 Sludge cake temperature Deg. F 30 125
16 1 Dry Sludge Ignition Point Deg. F 300 N/A
Legend:
Unit Description mg/kg -DS Milligrams of Parameter Substance per
kilogram of Dried Solids.
o % -DS Percentage of Parameter Substance per unit quantity of
Dried solids.
o % -ash Percentage of Parameter Substance per unit quantity ash
content.
Under no circumstances shall waste containing petroleum products or
related chemicals be treated.
Septic wastes streams, Fats/Oils/Greases (Oils & Greases — HEM) that
have not been subjected to thorough digestion may result in the client
exceeding the limits of the above sludge specifications chart.
All sewage sludge foreign substances (such as stones, pieces of wood or
metal etc.) must not be processed in the supplied dryer.
2. To the extent any discharges from industry are licensed by the jurisdiction in
which the City is located, any new license or consent granted to any industry
discharge shall not materially impact the Project. The Company shall have no
obligation, duty, or liability to the extent that any quantities of influent exceed
those specified in the Project Specification such that they negatively impact the
Project or the Company's performance under this Agreement, and the Company
shall have no obligation to treat any such quantities.
3. Prior to issuing or granting consent to any third party thereby allowing that third
parry to make any discharges (whether from industry or otherwise) ("Discharge
Consent"), the City shall provide written notice to the Company containing all
relevant information regarding the proposed Discharge Consent, including:
a) The extent to which such Discharge Consent will impact any portion of
the Project;
b) The quantity, quality, location, and other characteristics of the proposed
discharge; and
Appendix A Page - 8
c) The identity of the discharger.
Further, the City shall give the Company a reasonable opportunity to comment
on the effects that the proposed discharge may have on the ability of the
Company to meet its obligations under this Agreement and any additional
compensation required by Company as a result of the proposed Discharge
Consent.
4. The City shall assume and bear all obligation, liability, and responsibility for the
costs, delays, and other impacts of any Discharge Consent, including the levels
of concentration of any contaminants or pollutants or otherwise, to be permitted
under any such Discharge Consent as if the City itself was operating the Project
as a sewerage authority. In determining the date on which the new discharge
will commence, the City shall provide the Company a reasonable period of time
in which to make any alterations (if any are agreed to by Company in writing)
to the Project which are required to accommodate the new discharge.
5. Among all other information as may be requested by the Company, the City shall
provide the Company with extracts of the Discharge Consents issued or entered
into showing details of the quantity, quality, location, and other characteristics
of the discharge permitted and the identity of the discharger.
6. The City shall take all reasonable steps to monitor the Discharge Consents in
order to ensure full compliance by the applicable discharger with the Discharge
Consents and Legal Requirement so as to prevent the receipt at the Project of
any contaminants or pollutants.
7. The City shall bear and pay to Company all costs, expenses, and compensation
incurred by the Company with respect to any Discharge Consent including:
a) Variations that need to be made at the Project to accommodate the new or
increased discharge;
b) Required adjustments or variations to the time or times at which any
changes must be made, having regard to the used/unused capacity of the
Project, and likely future changes in flows and loads arising;
c) Any amendments or changes to the provisions of this Agreement that are
necessary to enable the Company to perform its obligations under this
Agreement in light of the new or increased discharge; and
d) The estimated increase or reduction in the annual operating costs for each
year remaining in the Term due to, and the estimated capital cost of, any
variations caused by the Discharge Consent.
For the avoidance of doubt, the Company is and shall not be responsible for any
additional costs, changes, or delays caused by any Discharge Consent.
Appendix A Page - 9
F. The Company's Obligations for Operation of the Project.
Sludge Drying. Subject to City's performance of obligations (including timely
and properly making the Contract Payment) under this Agreement and subject
to the volume limits set out in the Project Specifications, the Company shall
receive and dry all Sludge delivered from the City Facilities by the City -supplied
conveyance equipment to the Hopper located in Solar House F.
a) The Company shall receive, dry, and return to the City dried solids and
condensate of the commensurate amounts of sludge delivered by or on
behalf of the City at the Sludge Delivery Point.
b) If the City exceeds the volume limits set forth in this Agreement or
receives off -spec Biosolids at the Sludge Delivery Point, the Company
shall receive from the City increased Fees.
c) The City may from time to time submit to the Company proposed
amendments to the Project Specification relating to the treatment and
disposal of sludge, provided no such proposed amendment shall take effect
except as approved in a writing mutually executed by the Representatives.
d) For the avoidance of doubt, the Company shall have no obligation to take
and treat sludge delivered by any third parry at the Sludge Delivery Point,
except as agreed to in a writing executed by the Company Representative.
e) The Company shall provide the Company Assets necessary for the
Company to discharge its obligations under this Agreement.
2. UtilityOperating Costs. The Company shall be responsible for the costs of any
natural gas and electricity supplied to the Company Assets and associated with
the drying of the sludge delivered by or on behalf of the City to the Company at
the Sludge Delivery Point; provided, however, the cost of natural gas shall
include the charges billed to the City by the City's natural gas provider,
including the Primary Gas Charge (Cost of Gas Rider), Secondary Gas Charge
Cost of Gas Unscheduled), Act 310 Surcharge, Energy Efficiency Charge and
County and State Taxes. The Parties agree that the cost of natural gas charged
to the Company by the City or its natural gas provider shall not exceed $10.00
per dekatherm and that the cost of electrical power charged to the Company by
the City or its electricity provider shall not exceed $73.50 per megawatt (or
0.7353/kWh), unless the Company agrees in writing with the City to pay higher
charges.
G. Maintenance of the Company Assets. During the Term, the Parties shall have the
following maintenance obligations:
The City's Maintenance Obligations. _ For the avoidance of doubt, the City shall
have the sole obligation to maintain in good working order all the City Facilities
outside and apart from the Company Assets.
Appendix A Page - 10
a) With regard to the Company Assets, following the Training Period, the
City shall be responsible for the providing routine maintenance needed for
the Company Assets. Further, if the Company Assets need advanced
maintenance, the City, when requested by the Company, shall assist the
Company with conducting that maintenance.
b) The City shall be liable to the Company for the reasonable cost of repairing
any damage to the Company Assets caused the City's abuse, misuse,
negligence, or failure to perform require routine maintenance. This right
and remedy shall be in addition to any and all other rights or remedies of
the Company.
2. The Company's Maintenance Obligations. _ Prior to the expiration of the Training
Period, the Company shall be solely responsible for the maintenance of the
Company Assets. Following the Training Period, the Company shall be
responsible for any advanced maintenance or replacement parts needed for the
Company Assets.
Table 1 to Appendix A is on the Following Pages
Appendix A Page - 11
TABLE I TO APPENDIX A
1. SITE UTILITIES
1.1 HOOK-UP RESPONSIBILITIES
UTILITY
AMPS/VOLUME
IN ATTACHMENTS
VOLTAGE OR PRESSURE CONNECTION FED FROM FED TO
HOOK-UP
RESPONSIBLE
POWER TO COMPANY CABINET
3-PHASE TO COMPANY VFD CABINET 600A 480V CONDUIT The City MCC GE VFD CAB The City
LOW VOLTAGE (120 VOLT) 20A 120V CONDUIT The City MCC GE PLC CAB The City
NATURAL GAS SUPPLY PIPING TO The City VALVE AT BURNER
BURNER (15% RESERVE AT MAX.
BLOWER SPEC.)
7.5 MM/BTU 5-7 PSI 2" FNPT Supply Line Burner The City
BURNER POWER 20A 120V CONDUIT The City MCC Burner Cabinet The City
BURNER AIR INLET 1440 cfm Ambient Room Air Burner None
EXHAUST GAS PIPING TO SCRUBBER
SYSTEM EXHAUST
1440 cfm
5-1 psi 6" 150# FLANGE Blower Exhaust Scrubber The City
COOLING TOWER
COOLING TOWER MAKEUP WATER 12 gpm (max) 40psi Minimum 2" FNPT
The City DOMESTIC
Supply
Cooling Tower The City
COOLING TOWER OVERFLOW AND DRAIN INTERMITTENT 2" FNPT Cooling Tower sewer or drain The City
COOLING TOWER PUMP - SUCTION 1200 GPM 100 Ft H2O Max 6" 150LB FLANGE U19 U15 The City
COOLING TOWER PUMP - PRESSURE 1200 GPM 100 Ft H2O Max 5" 150LB FLANGE U14 U16 The City
CONDENSER - COLD WATER IN 1200 GPM 100 Ft H2O Max 6" 150LB FLANGE U15 U17 The City
CONDENSER - HOT WATER OUT 1200 GPM 100 Ft H2O Max 6" 150LB FLANGE U16 U18 The City
COOLING TOWER - HOT WATER IN 1200 GPM 100 Ft H2O Max 8" 150LB FLANGE U17 U19 The City
COOLING TOWER - COLD WATER OUT 1200 GPM 100 Ft H2O Max 8" 150LB FLANGE U18 U14 The City
COOLING TOWER HEAT TRACE 480V/20Amp 480V/20 amp AWG 12 The City panel JBOX 6 The City
NETWORK CONNECTION
NETWORK CONNECTION TO CONTROL
CABINET
Cat 6 2 cables 2 cables PLANT Router
Company PLC
CAB
The City
Table 1 to Appendix A Page - 1
COMPRESSED AIR DELIVERED
SYSTEM COMPRESSED AIR Non -Flowing 100 PSI 1/2" FNPT Air Compressor Dryer Lid Lift The Company
SYSTEM COMPRESSED AIR (removed
item)
Dried Solids
Conveyor 3 -
Gate
removed item
SEWER LINE
CONDENSATE REMOVED 4600 Gal/Day Intermittent 1-1/2" FNPT Condenser Pump sewer or drain The Company
BELT/CHAMBER WASH 90 gpm 3" FNPT Griffin - Wash Drain sewer or drain The Company
WATER SUPPLY
CHAMBER & BELT WASH SOLENOID
STAND
90 gpm 40psi Minimum7 3" 1501b FLANGE W3 - Supply Line Solenoid Stand The City
CONTROL CONDUIT
CONDUIT CONDUIT CABLING REQUIREMENTS MATERIAL FED FROM FED TO
RESPONSIBLE
PARTY
CONTROLS CONDUIT #8 1.25" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 8 The Company
CONTROLS CONDUIT #9 1.25" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 9 The Company
CONTROLS CONDUIT #7 1" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 7 The Company
CONTROLS CONDUIT #6 1" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 6 The Company
CONTROLS CONDUIT #11 3/4" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 11 The Company
CONTROLS CONDUIT #10 3/4" RMC OR EMT PULL STRING 18/3 w/shield Griffin PLC CAB JBOX 10 The Company
Table 1 to Appendix A Page - 2
FOR CONSIDERATION
To Dryer PLC or The CityHopperControl
Conveyance Cabinet
Feed Conveyor Control
DSC 1 Control
DSC 2 Control
DSC 3 Control
1.2 MOTORS PROVIDED BY COMPANY
Wiring &
Quantity Of
COMPONENT VOLTAGE HIP FED FROM FED TO Conduit
Motors
RESPONSIBLE
1 480 300 CONTROL CAB MOTOR The Company
M01 - PROCESS BLOWER
1 480 30 CONTROL CAB MOTOR The Company
M02 - COMBUSTION BLOWER
1 480 2 CONTROL CAB MOTOR The Company
M03 - SIFTER BRUSH
1 480 1 CONTROL CAB MOTOR The Company
M04 - LEVELING AUGER/BRUSH
1 480 3 CONTROL CAB MOTOR The Company
M05 - SYSTEM BELT DRIVE
1 480 3 CONTROL CAB MOTOR The Company
M06 - EXIT CONVEYANCE 01
1 480 2 CONTROL CAB MOTOR The Company
M07 - LID LIFT 01
1 480 2 CONTROL CAB MOTOR The Company
M08 - LID LIFT 02
1 480 40 CONTROL CAB MOTOR The City
M09 -COOLING TOWER PUMP 01
Table 1 to Appendix A Page - 3
M10 - COOLING TOWER FAN
1 480 15 CONTROL CAB MOTOR The City
M11 - CONDENSATE PUMP
1 480 1 CONTROL CAB MOTOR The Company
M12 - CHAMBER RINSE PUMP
1 480 10 CONTROL CAB MOTOR The Company
M13 -BELT WASH PUMP
1 480 10 CONTROL CAB MOTOR The Company
1.3 CONVEYANCE MOTORS AND LINES
COMPONENT Quantity Of
Motors
VOLTAGE HP FED FROM FED TO
Pipe / Wiring
Conduit
RESPONSIBLE
POWER and HYDRAULICS
M14 - HOPPER FEED Inclined Conveyor 1 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City
M15 - HOPPER LEVELING PADDLE 1 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City
M16 - HOPPER LEVELING PADDLE 2 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City
M17 - HOPPER DISCHARGE SCREW 1 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City
M18 - HOPPER DISCHARGE SCREW 2 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City
M19 - DRYER FEED Inclined Conveyor 2 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City
M20 - Dried Solids Screw 1 (DSC 1)
1 480 TBD CONTROL CAB MOTOR The Company
M21 - INCLINED EXIT Screw (DSC 2) 1 Hydraulic N/A HOPP PANEL HYD MOTOR The City
M22 - Dried Solids Screw 3 (DSC 3) 1 480 15-20 HP HOPP PANEL MOTOR The City
M30 - Solar Green House Conveyor (WSC)
1 480 20 Range CONTROL CAB MOTOR The City
CONTROLS
Power to Hydraulics Cabinet 2" conduit 480 / 100 amp CONTROL CAB HOPP PANEL The City
Controls to Hydraulics Cabinet 1" conduit 20 16ga CONTROL CAB HOPP PANEL The City
Table 1 to Appendix A Page - 4
INSTRUMENTATION
2" conduit 6-7 T/S CONTROL CAB HOPP PANEL The City
To Hydraulics Cabinet
3/4" Conduit 4 to 20 CONTROL CAB Load Cells The City
To Load Cells
1" conduit 14ga THWN CONTROL CAB SGH J-Box The City
SGH Conveyor E-Stop
To Incline Conveyor
1/2" Conduit CONTROL CAB
Incline Feed
Conv.
The City
3/4" Conduit CONTROL CAB Hopper J-Box The City
To Hopper
3/4" Conduit CONTROL CAB Hopper J-Box The City
To Incline Conveyor and SGH Conveyor
Table 1 to Appendix A Page - 5
APPENDIX B
COMPENSATION
The City shall pay the Company the following Fees for the Project:
Fee Rate: Company shall be paid for each ton of Sludge processed at the rate ("Fee Rate")
of Sixty -Five and no/100 Dollars ($65.00) per ton based on a wet tons basis, as received at
the Project at the Sludge Delivery Point, for a three (3) year period (the "Operational
Period") commencing on the Certification Date specified in Appendix A. For the avoidance
of doubt the last day of the Term shall correspond to and be the same as the last day of the
Operational Period.
2. Minimum Fees and Invoice Reconciliation. The minimum amount that the Company will
invoice the City each month (the "Minimum Fees") shall be and is the sum of Eighty -One
Thousand Two -Hundred Fifty and no/100 Dollars ($81,250.00).
A. Processing Target. The Minimum Fees are based on the fact that the Parties have
agreed that the Company's monthly invoices will be based on the Parties' target (the
Processing Target") for the Project to process Fifteen Thousand (15,000) tons of
Sludge on an annual basis, which is equal to the Project processing One Thousand
Two Hundred Fifty (1,250) tons of Sludge per month.
B. Invoice Reconciliation. At the end of each twelve (12) month period during the
Operational Period, the Parties will reconcile the Fees that have been billed against the
actual amounts of Sludge processed (the "Actual Results") during the past twelve (12)
month period as follows:
If the Actual Results exceed the Processing Target, the City shall pay the
Company the additional Fees owed to the Company which shall be computed by
multiplying the amount of tons processed in excess of the Processing Target by
the Fee Rate; and
2. If the Actual Results are below the Processing Target, the Company shall pay
the City for the shortfall which shall be computed by multiplying the amount of
tons processed below the Processing Target by the Fee Rate. However, if the
City's ability to utilize the Project is hampered or hindered due to the
withholding of the Required Consents, then, for the period when such Required
Consents are withheld (the "Withheld Consent Period"), the Parties stipulate
and agree that the Project shall be deemed to have met the Processing Target,
and the Company shall have no liability, duty, or obligation to pay or refund to
the City any sums paid to the Company which relate to the Withheld Consent
Period.
3. The Parties have agreed that the minimum annual sludge volume shall be
Fourteen Thousand (14,000) wet tons of sludge annually. The parties have
further agreed that the maximum payment by the Company to the City if the
Actual Results are below the Processing Target, shall be $65,000, equal to One
Appendix B Page - 1
Thousand (1,000) tons of sludge during the twelve (12) month Operational
Period.
C. Sludge Volume Limits. Total sludge delivered to the Project for processing at the
Sludge Delivery Point shall not exceed fifty (50) wet tons per day, on a seven (7) day
per week operating schedule.
3. Buy -Out Price. The price the City must pay to the Company to exercise the Buy -Out is One
Million Nine -Hundred Ninety -Five Thousand and no/100 Dollars ($1,995,000).
Appendix B Page - 2
APPENDIX C
BUY-OUT AGREEMENT
This uy-Out Agreement (the "Sale Agreement") is executed as of this /__ day of
2025 (the "Execution Date"), by and between Griffin Residuals, LLC, a Kentucky
limiLo liability company (the "Company") with offices located at 5872 Highway 1389,
Owensboro, KY 42303, and the City of Fayetteville, AR, a municipal corporation in the State of
Arkansas (the "City") with offices located at 2435 S Industrial Drive, Fayetteville, AR 72701.
The Company and the City are each individually a "Party" and collectively are the "Parties".
RECITALS
WHEREAS, the Parties entered that certain Griffin Residuals Drying As A Service
Agreement ("Agreement") on ?-;
WHEREAS, pursuant to the Agreement, the City has the right to Buy -Out the Company
Assets for the Buy -Out Price (as all of those capitalized terms are defined in the Agreement) for
the sum of One Million Nine -Hundred Ninety -Five Thousand and no/100 Dollars ($1,995,000);
WHEREAS, the City has exercised its Buy -Out right and, pursuant to this Sale Agreement,
intends to and shall purchase the Company Assets;
NOW THEREFORE, in consideration of the mutual covenants, undertakings, conditions,
and consideration set forth below, the receipt and sufficiency of which are hereby acknowledged,
the Parties hereby agree as follows:
TERMS OF SALE AGREEMENT
1. Recitals. The Recitals in this Sale Agreement are hereby incorporated into the Sale
Agreement, are material terms of this Sale Agreement, and are being relied up by the Parties
in executing this Sale Agreement.
2. Definitions. All capitalized terms which are not defined in this Sale Agreement shall have
the meanings ascribed to them in the Agreement.
3. Payment of the Buy -Out Price and 'Sale of the Company Assets. Upon the Company's
successful receipt and deposit of the payment of the Buy -Out Price by the City, the Company
shall execute and deliver (the "Closing") a bill of sale to the Company Assets to the City
transferring and conveying all of the Company's rights, title, and interest in and to the
Company Assets to the City.
4. The Company's Disclaimer of All Warranties. The Company is selling, and the City is
taking ownership of, the Company Assets AS IS, WHERE IS, WITH ALL FAULTS AND
DEFECTS, AND WITH NO WARRANTIES WHATSOEVER. THE CITY
UNDERSTANDS AND AGREES THAT THE COMPANY HAS DISCLAIMED AND IS
DISCLAIMING ANY WARRANTY, GUARANTY, OR REPRESENTATION, ORAL OR
WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, AS TO TITLE, CONDITION,
Appendix C Page - 1
FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR ANY
OTHER WARRANTY. THE CITY IS ACCEPTING THE COMPANY ASSETS BASED
SOLELY ON ITS OWN INDEPENDENT INVESTIGATIONS AND INSPECTIONS OF
THE COMPANY ASSETS AND NOT IN RELIANCE ON ANY INFORMATION
PROVIDED BY THE COMPANY OF THE COMPANY'S AGENTS OR
CONTRACTORS. THE COMPANY HAS MADE NO AGREEMENT AND HAD NO
DUTY TO ALTER, REPAIR OR IMPROVE THE COMPANY ASSETS. THE CITY
AGREES TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY HARMLESS
FROM AND AGAINST ANY AND ALL CLAIMS ASSERTED AGAINST OR
INCURRED BY THE COMPANY AS A RESULT OF ANY ACTS OR OMISSIONS
WITH RESPECT TO THE COMPANY ASSETS FROM AND AFTER THE EXECUTION
DATE AND ANY FAILURE BY THE CITY TO COMPLY WITH ALL OBLIGATIONS
UNDER THIS SALE AGREEMENT. THE PROVISIONS OF THIS PARAGRAPH 4
SHALL SURVIVE CLOSING.
5. The City's Release of the Company. The City, for itself and its respective citizens, heirs,
beneficiaries, and assigns, hereby fully and finally forgives, releases, remises, and forever
discharges the Company and the Company's employees, servants, representatives, agents,
subcontractors, insurers, attorneys, heirs, successors, and assigns from any and all claims,
demands, causes of action, disputes, fees, expenses (including attorney's fees and litigation
expenses), costs, suits, and damages, of whatever kind or nature, known or unknown, at law
or in equity, contingent or not, past or present, concerning the Company Assets, the
Agreement, an any transactions that occurred between the Parties that arose on or before the
Execution Date.
6. Investigation. Each Parry represents, warrants, and agrees that it has made an investigation
of the facts related to the subject matter of this Sale Agreement and the effect of this Sale
Agreement, seeking advice from others, including counsel, to the extent they believe
necessary.
7. Severability. Should any provision of this Sale Agreement be declared illegal or
unenforceable by any court of competent jurisdiction, such that it cannot be modified to be
enforceable, such provision shall immediately become null and void, leaving the remainder
of this Sale Agreement in full force and effect.
8. Entire Agreement and Merger. The Parties acknowledge and agree that this Sale
Agreement contains the entire and complete agreement between the Parties with respect to
the Company Assets and that the terms and conditions stated in this Sale Agreement shall
bind and inure to the benefit of the Parties hereto and their respective heirs, successors,
representatives, and assigns. This Sale Agreement is intended to supersede all prior oral
and/or written representations and promises discussed between the Parties and such prior
oral and/or written representations and promises are merged and integrated herein.
9. Representation by Counsel. The Parties acknowledge that they have been represented by
or had the option to be represented and have had access to independent legal counsel of their
own choosing in connection with entering into this Sale Agreement, and the Parties hereby
acknowledge that their respective legal counsel has reviewed this Sale Agreement and has
Appendix C Page - 2
participated in the drafting of this Sale Agreement. Each Party fully understands the terms
and conditions of this Sale Agreement and agrees to be fully bound by and subject thereto.
10. Authority. Each of the undersigned warrants that he or she is legally authorized to execute
this Sale Agreement on behalf of the Party for which he or she executes this Sale Agreement.
11. Governing Law. This Sale Agreement shall be interpreted, governed, and enforced by and
under the laws of the State of Arkansas.
12. Counterparts. This Sale Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes and all of which constitute,
collectively, one Agreement. Each counterpart may consist of a number of copies hereof,
each signed by less than all, but together signed by all of the Parties hereto. To facilitate
execution of this Sale Agreement, the Parties may execute and exchange counterparts of the
signature pages by facsimile or electronic means.
13. Joint Agreement. The parties acknowledge that this Sale Agreement was jointly drafted and
shall not be presumptively construed in favor for against any party.
14. Expenses and Attorney's Fees. In the event of any dispute or litigation between any of the
Parties hereto as to any matter arising under this Sale Agreement or relating to the subject
matter hereof, the prevailing Party shall be entitled to recover from the non -prevailing Party
all of the prevailing Party's reasonable costs and expenses, including, without limitation,
reasonable attorney's fees, incurred in such litigation (including in any appellate or
bankruptcy litigation).
15. Time is of the Essence. Time is of the essence in the performance by the various Parties of
their obligations under this Sale Agreement.
IN WITNESS WHEREOF, the Parties have executed this Sale Agreement through their
duly authorized officers as of the date set forth in the preamble to this Sale Agreement and
acknowledge their full understanding and acceptance of this Sale Agreement's terms.
For the City For the Company
By: By:
Name: Name:
Title: Title:
Date: Date:
Appendix C Page - 3
APPENDIX D
COMPANY INSURANCE
See Attached)
nc. oirn CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
04/27/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER NC ONTCT ABrandonHouse PHONE 270
927-8841 FAX 270 927-8897 House InsuranceServiceLLCEAMIL
brandon@houseinsurancesvc.com
PO Box339INSURERSAFFORDING
COVERAGE NAIC # Hawesville KY42348INSURERA:
Auto Owners Insurance Co. 524210 INSURED INSURER
B : INSURERC: Griffin
ResidualsLLCINSURERD :
5872 StateRoute1389INSURERE :
Owensboro KY42303INSURERF :
COVERAGES CERTIFICATE
NUMBER: REVISION NUMBER: THIS IS
TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR
TYPE
OF INSURANCE ADDL SUBR
la POLICY
NUMBER POLICY EFF
POLICY EXP LIMITS X
COMMERCIAL
GENERAL LIABILITY EACH OCCURRENCE 2,000,000 A CLAIMS -
MADE FX I OCCUR DAMAGE TO
RENTED 300,000
MED EXP (
Any oneperson) 10,000 Y 53-271005-00 04/27/2022 04/27/2023 PERSONAL & ADV
INJURY Included GEN'L
AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 4,000,000 X POLICY
PRO- LOC JECT
PRODUCTS - COMP/OP AGG 4,000,000 OTHER: AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT 2,000,000 BODILY INJURY (
Per person) A ANYAUTOBODILYINJURY (
Per accident) OWNED SCHEDULEDAUTOSONLY
AUTOS Y 53-271005-00 04/27/2022 07/27/2023 X PROPERTY
DAMAGE HIRED NON -OWNED AUTOS ONLY
X AUTOS ONLY UMBRELLA LAB
OCCUR EACH OCCURRENCE AGGREGATE EXCESS
LABCLAIMS -MADE DED I
I RETENTION WORKERS COMPENSATION
PER TATUTF OTH- ER AND
EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/
PARTNER/EXECUTIVE OFFICER/MEMBER
EXCLUDED? N / A E.L.
EACH ACCIDENT Mandatory in
NH) E.L. DISEASE - EA EMPLOYEE If yes,
describe under DESCRIPTION OF
OPERATIONS below E.L. DISEASE - POLICY LIMIT DESCRIPTION OF
OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insureds:
Water Environment Federation, SMG, The Franklin County Convention Facilities Authority and Levy Premium Foodservice Limited Partnership,
the Greater Columbus Convention Center, the City of Columbus, and their agents, trustees, officers, board members and employees. CERTIFICATE
HOLDER
CANCELLATION Water Environement
Federation 601 Wythe
St. Alexandria, VA
22314 SHOULD ANY
OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE <
BAH> 1988-2015
ACORD CORPORATION. All rights reserved. ACORD 25 (
2016/03) The ACORD name and logo are registered marks of ACORD
APPENDIX E
CITY INSURANCE
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
Org2
WASTEWATER TREATMENT (730)
2022
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed in the Water/Sewer - Wastewater Treatment Plant Operational budget to cover the cost
of a service agreement for the drying of biosolids at the Biosolids Management Site. Griffin Residuals, LLC will install,
operate, and train City staff to operate a Biosolids dryer to replace the previous biosolids dryer that suffered a
catastrophic failure on December 13, 2021. Budgeted funds will be transferred from the Lake Sequoyah Sediment
Removal/Dredging project to cover the cost of this service agreement for 2022. Cost savings in the project is being
trancfPrrPr1 to rnvar tha rnct of thic i inavnartari nnarntinnni rnct
COUNCIL DATE: 8/1 6/2022
LEGISTAR FILE ID#: 2022- 0644
Hovy 3lack
712812022 3:53 PM
Budget Director Date
TYPE:
D - (City Council)
JOURNAL #:
GLDATE:
8/16/2022
RESOLUTION/ORDINANCE CHKD/POSTED:
TOTAL - -
v.20220718
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account Name
5400.730.5110-5315.00 487,500 - EX Contract Services
5400.720.5600-5808.00 (487,500) - 17004 1 EX Improvements - Water Line
H:\Budget Adjustments\2022_Budget\CITY COUNCIL\08-16-22\2022-0644 BA Griffin Residuals Biosolids Contract 1 of 1