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HomeMy WebLinkAbout80-89 RESOLUTION4 • RESOLUTION NO. 80-89 A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT TO HILEMAN-MCKINNEY & ASSOCIATES FOR DEVELOPMENT OF A MUNICIPAL LEAF AND YARD WASTE COMPOSTING FACILITY; AND A PROCLAMATION FROM THE MAYOR DESIGNATING SEPTEMBER AS "RECYCLING AWARENESS MONTH". BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to enter into and execute a contract to Hileman-McKinney & Associates for development of a municipal leaf and yard waste composting facility. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That in 1989 the month of September shall be and the same hereby is designated "Recycling Awareness Month" and the Mayor is authorized and directed to issue a proclamation. designating and commemorating such event. PASSED AND APPROVED this 5th day of September , 1989. ATTEST By: t gra • 4 • APPROVED BY: LC/lrll l,U/lJ Mayor 4- 7. -01CRo�0~ STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONSULTANT FOR PROFESSIONAL SE CES THIS IS AN AGREEMENT made as of - 5T , 1 between the City of Fayetteville, Ar a sas, (OWNER) and Hileman- McKinney & Associates, Waste and Re ource Management Consultants, 108 San Jose Drive, Springdale, AR 72764, (CONSULTANT). Owner intends to Design and Construct a municipal leaf and yard waste composting facility for the City of Fayetteville, (herinafter called the project). OWNER and CONSULTANT in consideration of the their mutual covenants herein agree in respect of the performance of professional consulting• services by CONSULTANT and the payment for those services by OWNER as set forth below. Consultant shall provide professional consulting services for OWNER in all phases of the project to which this agreement applies, serve as OWNER's professional consulting representative for the project as set forth below and shall give professional consultation and advice to OWNER during the performance of services hereunder. SECTION 1 -BASIC SERVICES OF CONSULTANT 1.1. General. 1.1.1.. CONSULTANT shall perform professional services as hereinafter stated which include customary enl,ironmental, ecological, hydrological, chemical, computational, and electronic data 'processing consulting services and customary incidental services thereto. 1.2. Needs Assessment Phase. After written authorization to proceed, CONSULTANT shall: 1.2.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and submit a work plan. 1.3. Site Location and Evaluation Phase. After written authorization to proceed with the Site Location and Evaluation Phase the Consultant Shall: 1.3.1. Provide analyses of OWNER's needs, site, evaluations, and comparative studies of prospective sites. 1.3.2. Provide all services required to accomplish the work plan. 1.3.3. Provide a general economic and finanacial analysis of OWNER's requirements applicable to various alternatives. 1.3.4. Prepare a report containing site layouts and sketches with appropriate exhibits to indicate clearly the considerations involved and the alternative solutions availible to OWNER and setting forth CONSULTANT's findings and recommendations with opinions of probable costs for the Project, including construction and equipment cost, contingencies, allowances for charges of all professionals, and allowances for the cost of land. 1.3.5 Furnish five copies :of the Report and present and review it in person with the OWNER. 1.4. Site Preparation Phase. After written authorization to proceed with the Site Preparation Phase, the Consultant shall: 1.4.1. In conjunction with the OWNER, oversee preparation of site. 1.4.2. Guarantee site preparation is in accordance with Section XV of the Arkansas Solid Waste Management Code, and all Federal guidelines. 1.4.3. Guarantee'site preparation is in accordance with standard engineering practices. 1.5. Purchase of Equipment Phase. 1.5.1. CONSULTANT shall make recommendations to OWNER regarding purchase of necessary equipment. 1.5.2. Consultant shall pursue all possible Federal, Foundation, and State grant% funding.; Consultant will be resposible for preparing grant applications for City Staff review. 1.6. Training of Personnel Phase. After written authorization to proceed with the Training of Personnel Phase shall: 1.6.1. Train all municipal personnel involved in the Project as well as any others designated by the City. 1.6.2. Guarantee that such training will provide for the proper and efficient operation of the compost facility in accordance with all applicable Federal EPA, ;State of Arkansas Department of Pollution Control & Ecology, and Washington County Regulations governing the operation of a composting facility. Failure to meet these regulations shall be considered reason for termination of CONSULTANT by OWNER ,if reason(s) for non-compliance are 1 determined to rest with CONSULTANT. 1.6.3. Certify each employee that successfully completes CONSULTANT's training program. :CONSULTANT will notify OWNER of any municipal employee that fails to complete the training program. 1.6.4. Prepare and provide all Project employees with copies of Training and Policies & Proceedures Manauls. An additional five (5) copies will also be provided. Manuals must be presented to OWNER for review and approval. Approval by OWNER must be given to CONSULTANT in writing. 1.7. Project Publicity Phase. After written authorization to proceed with the Project Publicity Phase the CONSULTANT shall: 1.7.1. In conjunction with City Staff be availible to prepare and present public education seminars, educational materials, press releases, and any other public education needs throughout the first twelve (12) months of the:contract (mininum of 85 hours). The breakdown of this phase is detailed in Exhibit C "Detail of Project Publicity Phase." 1.8. Establishment the Compost Operation Phase. After written authorization to proceed with the Establishment of the Compost Operation Phase the CONSULTANT shall: 1.8.1. Provide all on-site consulting and hands-on services to establish the compost operation. 1.8.2. In conjunction with municipal employees, windrow the material, oversee the composting of material, monitor the material, and ensure that material meets all Arkansas Department of Pollution Control & Ecology regulations, as well as evaluate the process. 1.8.3. Guarantee the proper operation and maintanance of thew Compost Operation in accordance with all Federal EPA, State of Arkansas Department of Pollution Control & Ecology, and Washington County Regulations governing the operation of a compostifig facility. Failure to comply with these regulation will be considered reason for termination of CONSULTANT by OWNER,, if reason(s) for non-compliance is determined to rest with CONSULTAND.'. 1.8.4. Ensure that all 'required and necessary monitoring and record keeping data is maintained in accordance with all applicable Federal and State requirements. 1.9. Distribution and/or Marketing Phase. 1.9.1. The CONSULTANT shall work closely with the OWNER to ensure that all of the availible compost product is distributed. • • 1.9.2. CONSULTANT, in conjunction with City Staff, will investigate use of compost material by the City Parks and Recreation Department. 1.9.3. With written authorization the CONSULTANT shall explore marketing alternatives for the compost product. 1.9.4. CONSULTANT will work with the Arkansas Plant Board in attempting to meet all regulations for marketing of the product. 1.9.5. CONSULTANT will research and recommend methods of distribution of the compost product to the public. 1.10. 12 Month Warranty Period. 1.10.1. At the completion of the 12 month Project Implementation phase of the contract the CONSULTANT will provide to the OWNER a "Final Project Report" stating that all Project goals and Arkansas DPC&E and EPA Guidelines have been met. Any Project deficiencies will be documented along with suggested methods of resolution. Final resolution of any Project deficiences will be undertaken with the cooperation of both the OWNER and CONSULTANT. At the time that the Final Project Report is accepted by the OWNER and any deficiencies corrected then the CONSULTANT will provide a 12 month warranty period during which time they will provide any needed consulting services to ensure that the OWNER maintains proper operation of the compost facility. SECTION 2 - ADDITIONAL SERVICES OF CONSULTANT 2.1. General If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services which are not considered part of this project. 2.1.1. Services to make other investigations or evaluations of existing conditions or facilities, or to verify other existing problems and develop solutions. 2.1.2. Services resulting from significant changes in extent of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, or character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are due to causes beyond CONSULTANT's control. 2.1:5. Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work or Contractor(s), (3) prolongation of the contract time of any prime contract by more than sixty days, (4) acceleration of the progress schedule involving services beyond normal working hours, and (5) default by Contractor(s). 2.1.6. Additional services in connection with the .Project, including services normally furnished by OWNER and services to otherwise provided for in the Agreement. SECTION 3 - OWNER'S RESPONSIBILITIES OWNER shall: 3.1. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 3.2. Assist CONSULTANT by placing at his disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 3.3. Arrange for access to and make all provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform his services. 3.4. Examine all studies, reports, sketches, drawings, Specifications, proposals and other documents presented by CONSULTANT, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT. 3.5. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.6. Designate in writing a person to actasOWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to materials, equipment, elements and systems pertinent to CONSULTANT's services, or any defect in the work of Contractor(s). 3.8. Furnish, or direct CONSULTANT to provide, necessary Additional Service as stipulated in Section 2 of this Agreement or other services as required. 3.9. Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4 - PERIOD OF SERVICE 4.1. The provisions of this Section 4 and the various rates of compensation for CONSULTANT's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. CONSULTANT's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts and construction of the Project includingextra work and required extensions thereto. 4.2. The services called for in the Study and Report Phase will be completed as per proposal. 4.3. After acceptance by OWNER of the Study and Report Phase documents indicating any specific modifications or changes in the extent of the Project desired by OWNER, and upon written authorization from OWNER, CONSULTANT shall proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a revised opinion of probable Project Cost as per proposed schedule in proposal documents. 4.4. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Project Cost, indicating any specific modifications or changes in the extent of the Project desired by OWNER, and upon written authorization from OWNER, CONSULTANT shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Project Cost for all work of Contractor(s) on the Project within the stipulated period indicated in the project schedule to be determined. 4.5. CONSULTANT's services under the Study and Report Phase and Final Design Phase shall each be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction over design criteria applicable to the Project. 4.6. After acceptance by OWNER of the CONSULTANT's Drawings, Specifications and other Final Design Phase documentation including the most recent opinion of probable Project Cost and upon written authorization to proceed, CONSULTANT shall proceed with performance of the services called for in the Bidding or Negotiating Phase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of the negotiations with prospective Contractor(s) (except as may be otherwise required to complete the services called for in paragraph 6.2.2.5). 4.7. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written approval by CONSULTANT of final payment on the last prime contract to be completed. Construction Phase services may be rendered at different times in respect of separate prime contracts if the Project involves more than one prime contract. 4.8. If OWNER has requested significant modifications or changes in the extent of the Project, the time of performance of CONSULTANT's services and his various rates of compensation shall be adjusted appropriately. 4.9. If OWNER fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if the Construction Phase has not commenced within calendar days (plus such additional time as may be required to complete the services called for under paragraph 6:2.2.5) after completion of the Final Design Phase, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.10. If CONSULTANT's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to OWNER (but without termination of the Agreement) be paid as provided in paragraph 5.3.2. If such delay or suspension extends for more than one year for reasons beyond CONSULTANT's control, or if CONSULTANT for any reason is required to render services more than one year after Substantial Completion, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. • PROFESSIONAL FEE PLUS EXPENSES SECTION 5 - PAYMENTS TO CONSULTANT 5.1 Methods of Payment for Services and Expenses of CONSULTANT. 5.1.1: OWNER shall pay CONSULTANT for Basic Services rendered under Section One a professional fee of a maximum, not to exceed cost of $23,400 but with a mininum payment of at least $21,500 to be paid in the following manner: 1. An initial lump -sum payment of $5,500 which will cover the CONSULTANT's first 110 billable hours, at a rate of $50.00 per hour. The expenses covered by this payment will be documented by the CONSULTANT (not to be less than 110 billable hours). This payment will be made by OWNER to CONSULTANT at the time of CONSULTANT's start on the Project. 2. Upon completion of CONSULTANT's first 110 billable hours, CONSULTANT will proceed to submit monthly statements for Basic and Additional Services rendered on a billable hour basis (beginning with the 111th billable hour), and for reimbursible expenses incurred. This proceedure is to be used through the end of the contract. 5.1.2. Additional Services. OWNER shall pay CONSULTANT for Additional Services rendered under Section Two as follows: 5.1.2.1. General. For additional services rendered under paragraphs 2.1.1. through 2.1.6. on a billable hour basis (prior estimate required). 5.1.3. For Reimbursible Expenses. In addition to payments provided for in paragraph 5.1.1., OWNER shall pay CONSULTANT the actual costs of all Reimbursible Expenses incurred in connection with all Basic Services and Additional Services. 5;2 Times of Payments. 5.2.1. CONSULTANT shall submit monthly statements for basic and Additional Services rendered and for Reimbursible Expenses incurred. The amount of CONSULTANT's professional fee will be based upon billable hours ($50.00 per hour). OWNER shall make prompt monthly payments in response to CONSULTANT's monthly statements. 5.3. Other Provisions Concerning Payment • 5.3.1. If OWNER fails to make services and expenses within 60 bill therefor, the amounts due any payment due CONSULTANT for days after receipt of CONSULTANT's CONSULTANT shall include a charge at the rate of 1% per month from said sixtieth day, and in addition, CONSULTANT may, after giving seven days' written notice to OWNER, suspend services under this Agreement until he has been paid in full amounts due him for services and expenses. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due CONSULTANT for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, CONSULTANT will be paid for services rendered during that phase on the basis of Direct Labor Costs times a factor of 1.0 for services rendered during that phase to date of termination by principals and employees assigned to the Project. In the event of any such termination, CONSULTANT will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean Reimbursable Expenses directly attributable to termination. 5.4. Definitions. 5.4.1. Reimbursable Expenses mean the actual expenses incurred directly or indirectly in connection with the Project for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); furnishing and maintaining field office facilities; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, and similar Project -related items in addition to those required under Section 1; and, and, if authorized in advance by OWNER, overtime work requiring higher than regular rates. Reimbursable Expenses shall include the amount billed to CONSULTANT by special consultants employed to CONSULTANT (other than as an authorized Additional Service under Section 2) for such consultants' services and Reimbursable Expenses times a factor of 1.10; and shall also include expenses incurred for computer time and other highly specialized equipment, including an appropriate charge for previsouly established programs and expenses of photographic production techniques times a factor of 1.0 • SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST 6.1. Construction Cost. The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost of the entire Project to OWNER, but it will not include CONSULTANT's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, or will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project. (Construction Cost is one of the items comprising Project Costs which is defined in paragraph 1.2.5.) When Construction Cost is used as a basis for payment it will be based on one of the following sources with precedence' in the order listed for work designed or specified by CONSULTANT. 6.1.1. For completed construction work the total costs of all work performed as designed or specified by CONSULTANT. 6.1.2. For work designed or specified but not constructed, the lowest bona fide bid received from a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal for such work. 6.1.3. For work designed or specified but not constructed upon which no such bid or proposal is received the most recent estimate of Construction Cost, or, if none if available, CONSULTANT's most recent opinion of probable Construction Cost. Labor furnished by OWNER for the Project will be included in the Construction Cost at current market rates including a reasonable allowance for overhead and profit. Materials and equipment furnished by OWNER will be included at current market prices. No deduction is to be made from CONSULTANT's compensation on account of any penalty, liquidated damages, or other amounts withheld from payments to Contractor(s). 6.2. Opinions of Cost. 6.2.1. Since CONSULTANT has no control over the cost of labor, materials, equipment or services 'furnished by others, or over the manufacturers' vendors' and Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of his experience andqualifications and represent his best judgment as an experienced and qualified professional consultant, familiar with the construction industry; but CONSULTANT cannot and does not guarantee that proposals, bid or actual Project or Construction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding or Negotiating Phase OWNER wishes greater assurance as to Project or Constructon Cost he shall employ an independent cost estimator as provided in paragraph 3.8. 6.2.2. If a Construction Cost limit is established by written agreement between OWNER and CONSULTANT, the following will apply: 6.2.2.1. The acceptance by OWNER at any time during the Basic Services of a revised opinion of probable Project or Construction Cost in excess of the then establsihed cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. 6.2.2.2. Any Construction Cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. 6.2.2.3. CONSULTANT will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Drawings and Specifications and to make reasonable adjustments in the extent of the Project to bring it withinthe cost limit. 6.2.2.4. If the Bidding or Negotiating Phase has not commenced within six months after completion of the Final Design Phase, the established Construction cost limit will not be binding on CONSULTANT, and OWNER shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of process in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 6.2.2.5. If the lowest bona fide proposal or bid exceeds the established Construction Cost limit, OWNER shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project extent or quality. In the case of (3), CONSULTANT shall, without additional charge, modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. The providing of such service will be the limit of CONSULTANT's responsibility in this regard and, having done so, CONSULTANT shall be entitled to payment for his services in accordance with this Agreement. SECTION 7 - GENERAL CONSIDERATIONS 7.1. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordnance with the terms hereof through no fault of the terminating party. 7.2. Reuse of Documents. All documents including Drawings and Specifications prepared by CONSULTANT pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Projects or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at the OWNER's sole risk and without liability or legal exposure to CONSULTANT; and OWNER shall indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT. 7.3. Controlling Law. This Agreement is to be governed by the law of the principal place of business of CONSULTANT. 7.4. Successors and Assigns. OWNER AND 'CONSULTANT each successors, executors, administrators, the other party to this Agreement executors, administrators, assigns and party,in respect to all covenants, Agreement. binds himself and his partners, assigns and legal representatives to and to the partners, successors, legal representatives of such other agreements and obligations of this 7.4.2. Neither OWNER nor CONSULTANT shall assign, sublet or transfer any rights under or interest in (including, but without limitation, any moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except as stated in paragraph 7.4.1 and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent CONSULTANT from employing such independent consultants, associates and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. 7.4.3. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and CONSULTANT. • 7.5. Arbitration. 7.5.1. All claims, counterclaims, disputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations and restrictions stated in paragraphs 7.5.3 and 7.5.4 below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this paragraph 7.5 will be specifically enforceable under the prevailing arbitration law of any court having jurisdiction. 7.5.2. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.5.3. All demands for arbitration and all answering statements thereto which include any monetary claim must contain a statement that the total sum or value in controversy all alleged by the party making such demand or answering statement is not more than $200,000 (exclusive of interest and costs). The arbitrators will not have jurisdiction, power or authority to consider, or make findings (except in denial of their own jurisdiction) concerning, any claim, counterclaim, dispute or other matter in question where the amount in controversy thereof is more than $200,000 (exclusive of interest and costs) or to render a monetary award in response thereto against any party which totals more than $200,000 (exclusive of interest and costs). 7.5.4. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any other manner, any person or entity who is not -a party to this Agreement. 7.5.5. By written consent signed by all the parties to this Agreement and containing a specific reference hereto, the limitations and restrictions contained in paragraphs 7.5.3 and 7.5.4 may be waived in whole or in part as to any claim, counterclaim, dispute or other matter specifically described in such consent. No consent to arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question will constitute consent to arbitrate any other claim, counterclaim, dispute or other matter in question which is not specifically described in such consent or in which the sum or value in controversy exceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. SECTION 8F- EXHIBITS .1. The following Exhibits are attached to and made a part of this agreement: 8.1.1. Exhibit A "Request For Qualifications-Hileman-McKinney" consisiting of 20 pages. • 8.1.2. Exhibit B "Professional Fees for Consulting Services" consisting`of 3 pages. 8.1.3. Exhibit C "Detail of Project Publicity Phase" 8.3. This agreement (consisting of pages 1 to _, inclusive) together with the exhibits identified above constitute the entire agreement between OWNER and CONSULTANT and supersede all prior written or oral understandings. This agreement and said exhibits may only be amended, supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this agreement as of the day and year first above written. MAYOR a/a/Adisny 7' -7 aCt4.72 William V. Marin, Mayor City of Fayetteville CITY CLERK A) Sonne McWethy, Ci j, Clerk City of Fayettevill CONSULTANT cTa 1722 , Y1% G. Thomas McKinne Hileman-McKinney &`associates This contract must be executed by the Mayor and City Clerk in behalf of the City to be legal. HILEMAN - MC KINNEY & ASSOCIATES CONSULTANTS WASTE AND RESOURCE MANAGEMENT 108 San Jose Drive • Springdale, AR 72764 • (501) 751 5288 Ms.Peggy Bates Purchasing Officer '.City of Fayetteville ' 113 W. Mountain ,Fayetteville, Ar 72701 Dear Ms. Bates, Please find enclosed our Request For Qualifications for the proposed Fayetteville Municipal Leaf and Yard Waste Composting Facility. The firm of Hileman - McKinney is pleased to see the City of Fayetteville take a leadership role in addressing municipal solid waste problems. We feel that we are uniquely qualified to assist the City in setting up this compost facility. We hope that you will agree with us. Sincerely, Tom McKinney Hileman - McKinney & Assoc. ege REQUEST FOR QUALIFICATIONS HILEMAN - MCKINNEY & ASSOCIATES LEAF AND YARD WASTE COMPOST FACILITY CITY OF FAYETTEVILLE, ARKANSAS AUGUST 21, 1989 The problems associated with the handling and disposal of municipal solid waste are reaching a critical point in Northwest Arkansas and are becoming a prime concern of municipal and county governments. Local landfill capacities are quickly diminishing as they continue to be filled and new landfills are becoming .more difficult tb establish and operate due to a combination of increased state and federal regulations, availability of suitable landfill sites and opposition by residents living near potential sites. This situation has made it necessary for municipal governments to explore new methods to reduce the amount of waste they send to landfills. Reducing the waste stream through alternative solid waste management techniques has become a principal method in which municipalities can reduce their landfill costs. The City of Fayetteville has a unique opportunity to become a leader in alternative waste disposal techniques in the state of Arkansas. Hy establishing the first municipal leaf and yard waste composting program in the state, Fayetteville is not only taking a solid step toward reducing the volume of solid waste it must dispose, it is also taking the first step to reduce future waste disposal costs. Such a composting program can serve as a pilot project for other municipalities throughout the state to help them reduce their waste stream as well. Leaf and yard waste can compose as much as 5% to 30% of a municipalities waste stream, depending on the season. These levels can reach as high as 80% of total waste collected in the fall. These percentages can also be increased over the short run by violent or inclement weather such as high winds, tornados or ice storms which can bring down large masses of limbs and entire trees. The composting of leaf and yard waste not only reduces the volume of solid waste that must be disposed, but also supplies a useful.compost product which is classified as a soil enhancer. The product can be used by the municipality itself or can be given or sold to local citizens. Though the compost procedure can appear to be relatively simple., the actual chemical processes that are involved are not. Necessary skills and techniques must be in place and standard policies and procedures must be followed in order to carry out a successful compost program. We feel that our firm of Hileman - McKinney & Associates has the skills and knowledge necessary to help the City of Fayetteville establish and maintain a model compost program. Hileman - McKinney & Associates was established in February of 1989:to provide solid waste and resource management expertise to the municipalities, counties and businesses of northern Arkansas. Leslie (Les) H. Hileman retired in December of 1988 from the University of Arkansas as an Emeritus Professor after thirty-seven years as a research agronomist. During his tenure Mr. Hileman directed the Soil Testing and Research Laboratory for twenty-one years, served as the director of the Water Testing Laboratory for twenty-eight years, served for twenty-two. years as director of Project 536 studying physical and chemical properties of water for the state of Arkansas and also served as director of Project 546 for. twenty-five years studying physical, chemical and utilization properties of municipal, industrial and agricultural waste. • Mr. Hileman has also served as a consultant on many compost projects including the composting of feedlot waste to formulate a potting soil mix; development of municipal solid waste composting methodology using air separation, classification and recycling methodology and using compost to reclaim brine contaminated soils in southern Arkansas oil and gas fields (see Appendix A). Mr. Hileman has also written numerous articles relating to solid waste and resource management, composting, and utilization of waste derived products (see Appendix B). G. Thomas McKinney is a life-long .resident of Fayetteville currently residing in West Fork. Mr. McKinney received his Bachelor of Arts Degree in Political Science from the University of Arkansas and is currently completing a Masters Degree in Public'Administration. Mr. McKinney served as an Administrative Intern and Aide for the City of Fayetteville and is, thus, very familiar with how a municipal government operates as well as the problems. which it may encounter. Mr. McKinney has an extensive basic environmental science background as well as field research work. He acquired practical private sector business experience while working as a commercial insurance underwriter for the McKinney Insurance Agency in Fayetteville. Mr. McKinney also has experience in training, supervising._ and evaluating personnel in positions exposed to a high degree of public visibility (see Appendix C). The project in question will involve the establishment of a comprehensive leaf and yard waste composting program with the possibility of a shredded paper component. The establishment and implementation of the program will require twelve months so it may be carried through all four seasons. The bulk of the project activity will take place in the first six months when the program is being organized and implemented. The second six months will involve activities such as evaluating and updating the process and making preparations to turn the program over to the City. A quick synopsis of the project as well as Hileman - McKinney's responsibilities for each step will include: 1 Site Location - Hileman - McKinney & Associates will, in conjunction with the City of Fayetteville, Arkansas Department of Pollution Control and Ecology and the- Arkansas Soil Conservation Service, evaluate sixteen factors, patterned after the compost siting requirements for the state of New Jersey, in determining the best site for the project. Though the Arkansas Department of Pollution Control and Ecology currently does not have any specific ✓ equirements for siting a compost operation, such factors as slope, presence of a floodplain, endangered species, water table and local runoff patterns will be evaluated. This procedure will e nsure that the chosen site will qualify under any future guidelines formulated by the Department of Pollution Control and Ecology. 2. Site Preparation - Hileman - McKinney will work in conjunction w ith the City Engineer and his staff using City owned equipment to prepare the project site. This will ,nclude the preparation of an - earthen pad for the windrow compost operation, the construction of catch basins to trap • runoff from the site, security fencing, storage buildings, office location and project layout. 3. Project Publicity - Public education .is one of the most important factors when setting up a .compost program. Once the public is made aware of the operation, understands how it works, that it is a step in solving a solid waste problem and that they can receive • • a useful product from the program, they. will give the project their support. Both Mr. Hileman and Mr. McKinney have had extensive experience with working with the print, radio and television media in both publicizing and answering questions about specific solid waste projects. We will work closely with the City staff to ensure that the public is educated and remains informed on the implementation and progress of the project. 4. Purchase of Equipment- Hileman - McKinney has an extensive knowledge of composting equipment as well as personal contacts with equipment manufacturers. We will evaluate the project and recommend equipment we feel is most suited for the facility at the most reasonable cost. 5. Training of Personnel - H.ileman - -McKinney will train all personnel employed in the project as well any others designated by the City. We will provide copies of training manuals and policy and procedures manuals to all project employees as well as extra copies to the City. 6. Establishing the Compost Operation - Hileman - McKinney will provide all of the on-site consulting and -hands-on work necessary to establish the compost operation. This will include training of personnel, windrowing the material, composting and monitoring the material to ensure that it will meet all Department of Pollution and Control regulations, and evaluating the process as well as distributing the compost to the public or marketing the finished product. 7. Record Keeping Hileman - McKinney will ensure that all of the -necessary monitoring and record keeping required by the Department of Pollution Control and Ecology and the Environmental Protection Agency will be completed. We- will be using both Word Perfect and Lotus 1-2-3 computer programs for record keeping and correspondence purposes. All project personnel will also be trained in monitoring policies and procedures. • 8. Leaf and Yard Waste Ordinances - Hileman McKinney, in conjunction.with City staff, will research and write a model leaf and yard waste ordinance which will take into account:the needs of the City of. Fayetteville. Both Mr. Hileman and Mr. McKinney have extensive experience in formulating rules and procedures to meet specific needs of organizations which can be applied to ordinance writing. Most of the current leaf and yard waste compost operations are located in the east and north east part of the country. These ordinances will be examined and the pertinent municipal government or compost operator will be contacted for their input. Roth the National and Arkansas Municipal Leagues will be contacted for their input as well. 5 Distribution and/or Marketing - Hileman - McKinney will work closely with the City to ensure that all of the available compost product is distributed. Both ."in-house” use of the compost by the Parks and Recreation Division as well as distribution to the public either free,or at a nominal fee to cover loading costs will be researched. We will also -work with the Arkansas Plant Board to e nsure that the product, will meet any and all pertinent ✓ equirements Ear commercial sale of the compost if such amounts ✓ emain after in-house and public needs are met. • • 10. Explore Feasibility of a Full Municipal Compost Permit from the State of Arkansas - Upon instructions from the City of Fayetteville outlining the scope of the proposed project, Hileman - McKinney will begin a feasibility study for a full municipal compost operation. • In conjunct,on with 'City staff, data collection procedures and an evaluation program will be designed. We will make use of computer models available for such evaluations ensuring that factor unique to' the City of Fayetteville are included . in the waste stream evaluation. We will contact Mark' Witherspoon in the Solid Waste Division of the Arkansas Department of Pollution Control and Ecology regarding the requirements for 'the granting of a full municipal compost operation permit for the City. We will also contact the Environmental Protection Agency to ensure that any pertinent federal guidelines are included in the planning of such an operation. All of the steps listed above will be the responsibility of Hileman - McKinney to carry out with the full approval and participation of the City of Fayetteville. We are capable of performing all of the necessary tasks.as are now envisioned. However, if a sub -contractor becomes necessary for any reason, they will only be employed with the full approval of the City. Since Hileman - McKinney & Associates is a new firm, we do not have an extensive record of performance to which we may point. We are currently doing consulting for Mr. Richard Backer of "Backer's Compost" located at Backer's Variety Store, Gentry , Arkansas, 72734, (501) '730-2507. Mr. Backer is composting chicken litter. from Tyson chicken houses into a natural organic fertilizer which we are currently marketing . We can better illustrate our goals by examining the performances of the laboratories under the supervision of Mr. Hileman. While working as director of the Soil. and Water Testing Laboratory at the University of Arkansas, a schedule was set and maintained in which completion of all routine chemical analysis and result mail -outs were completed within three working days. An average of 30,000 samples were analyzed annually with each sample being subject to six individual tests. With the retirement of Mr. Hileman the time required for analysis and result mail -out has increased to six days: Similar procedure schedules were established and met in the other laboratories under the supervision of Mr. Hileman as .well as schedules for research work such as planting, maintenance, harvesting and data collection carried on throughout the state. A primary task of our firm in implementing the compost program for the City of Fayetteville will be cost control. One factor which will decrease the cost of the project is the degree to which all of the compost program activities can be carried out by City staff. Hileman - McKinney will use City personnel, services and equipment whenever possible to keep overall costs as low as possible. We will also explore the possibility of Obtaining federal grant funds from the Environmental Protection Agency as well as from other sources. While the compost program is being implemented, we will explore all aspects of the procedures involved to determine the most economic paths to follow. The fact that Hileman - McKinney is a local firm will decrease costs to the City of Fayetteville since we•wiil not have to include in our fee the costs of air travel, hotel expenses, long distance telephone communication and other related overhead expenses. There will be no long delays caused by travel when our service: are requested. HILEMAN - MC KINNEY & ASSOCIATES CONSULTANTS WASTE AND RESOURCE MANAGEMENT 108 San Jose Drive • Springdale, AR 72764 • (501) 751-5288 Ms.Peggy Bates Purchasing Officer City of Fayetteville 113 W. Mountain Fayetteville, Ar 72701 Dear Ms. Bates, Please find enclosed our Request For Qualifications for the proposed Fayetteville Municipal Leaf and Yard Waste Composting Facility. The firm of Hileman - McKinney is pleased to see the City of Fayetteville take a leadership role in addressing municipal solid waste problems. We feel that we are uniquely qualified to assist the City in setting up this compost facility. We hope that you will agree with us. Sincerely, „Doty) Tom McKinney Hileman - McKinney & Assoc. L REQUEST FOR QUALIFICATIONS HILEMAN - MCKINNEY & ASSOCIATES LEAF AND YARD WASTE COMPOST FACILITY CITY OF FAYETTEVILLE, ARKANSAS AUGUST 21, 1989 The problems associated with the handling and disposal of municipal solid waste are reaching a critical point in Northwest Arkansas and are becoming a prime concern of municipal and county governments. Local landfill capacities are quickly diminishing as they continue to be filled and new landfills are becoming more difficult to establish and operate due to a combination of increased state and federal regulations, availability of suitable landfill sites and opposition by residents living near potential sites. This situation has made it necessary for municipal governments to explore new methods to reduce the amount of waste they send to landfills. Reducing the waste stream through alternative solid waste management techniques has become a principal method in which municipalities can reduce their landfill costs. The City of Fayetteville has a unique opportunity to become a leader in alternative waste disposal techniques in the state of Arkansas. By establishing the first municipal leaf and yard waste composting program in the state, Fayetteville is not only taking a solid step toward reducing the volume of solid waste it must dispose, it is also taking the first step to reduce future waste disposal costs. Such a composting program can serve as a pilot project for other municipalities throughout the state to help them reduce their waste stream as well . Leaf and yard waste can compose as much as 5% to 300 of a municipalities waste stream, depending on the season. These levels can reach as high as 80% of total waste collected in the fall. These percentages can also be increased over the short run by violent or inclement weather such as high winds, tornados or ice storms which can bring down large masses of limbs and entire trees. The composting of leaf and yard waste not only reduces the volume of solid waste that must be disposed, but also supplies a useful compost product which is classified as a soil enhancer. The product can be used by the municipality itself or can be given or sold to local citizens. Though the compost procedure can appear to be relatively simple, the actual chemical processes that are involved are not. Necessary skills and techniques must be in place and standard policies and procedures must be followed in order to carry out a successful compost program. We feel that our firm of Hileman - McKinney & Associates has the skills and knowledge necessary to help the City of Fayetteville establish and maintain a model compost program. Hileman - McKinney & Associates was established in February of 1989 to provide solid waste and resource management expertise to the municipalities, counties and businesses of northern Arkansas. Leslie (Les) H. Hileman retired in December of 1983 from the University of Arkansas as an Emeritus Professor after thirty-seven years as a research agronomist. During his tenure Mr . Hileman directed the Soil Testing and Research Laboratory for twenty-one years, served as the director of the Water Testing Laboratory for twenty-eight years, served for twenty-two years as director of Project 536 studying physical and chemical properties of water for the state of Arkansas and also served as director of Project 546 for_ twenty-five years studying physical, chemical and utilization properties of municipal, industrial and agricultural waste. Mr . Hileman has also served as a consultant on many compost projects including the composting of feedlot waste to formulate a potting soil mix; development of municipal solid waste composting methodology using air separation, classification and recycling methodology and using compost to reclaim brine contaminated soils in southern Arkansas oil and gas fields (see Appendix A) . Mr. Hileman has also written numerous articles relating to solid • waste and resource management, composting, and utilization of waste derived products (see Appendix B) . G. Thomas McKinney is a life-long resident of Fayetteville currently residing in West Fork . Mr . McKinney received his Bachelor of Arts Degree in Political Science from the University of Arkansas and is currently completing a Masters Degree in Public Administration. Mr. McKinney served as an Administrative Intern and Aide for the City of Fayetteville and is, thus, very familiar with how a municipal government operates as well as the problems which it may encounter. Mr. McKinney has an extensive basic environmental science background as well as field research work . He acquired practical private sector business experience while working as a commercial insurance underwriter for the McKinney Insurance Agency in Fayetteville. Mr. McKinney also has experience in training, supervising and evaluating personnel in positions exposed to a high degree of public visibility (see Appendix C) . • The project in question will involve •the establishment of a comprehensive leaf and yard waste composting program with the possibility of a shredded paper component. The establishment and implementation of the program will require twelve months so it may be carried through all four seasons. The bulk of the project activity will take place in the Eirst six months when the program is being organized and implemented. The second six months will involve activities such as evaluating and updating the process and making preparations to turn the program over to the City. A quick synopsis of the project as well as Hileman - McKinney's responsibilities for each step will include: . 1. Site Location - Hileman - McKinney & Associates will, in conjunction with the City of Fayetteville, Arkansas Department of Pollution Control and Ecology and the Arkansas Soil Conservation • Service, evaluate sixteen factors, patterned after the compost siting requirements for the state of New Jersey, in determining the best site for the project. Though the Arkansas Department of Pollution Control and Ecology currently does not have any specific requirements for siting a compost operation, such factors as slope, presence of a floodplain, endangered species, water table and local runoff patterns will be evaluated. This procedure will ensure that the chosen site will qualify under any future guidelines formulated by the Department of Pollution Control and Ecology. 2. Site Preparation - Hileman - ;•McKinney will work in conjunction with the City Engineer and his staff using City owned equipment to prepare the project site. This will include Lhe preparation of an earthen pad for the windrow compost operation, the construction of catch basins to trap runoff from the site, security fencing, storage buildings, office location and project layout. 3. Project Publicity - Public education is one of the most important factors when setting up a . compost program. Once the public is made aware of the operation, understands how it works, that it is a step in solving a solid waste problem and that they can receive • - ( a useful product from the program, they will give the project their support. Both Mr. Hileman and Mr . McKinney have had extensive experience with working with the print, radio and television media in both publicizing and answering questions about specific solid waste projects. We will work closely with the City staff to ensure that the public is educated and remains informed • on the implementation and progress of the project. 4. Purchase of Equipment - Hileman - McKinney has an extensive knowledge of composting equipment as well as personal contacts with equipment manufacturers. We will evaluate the project and recommend equipment we feel is most suited for the facility at the most reasonable cost. 5. Training of Personnel - Hileman - McKinney will train all personnel employed in the project as well any others designated by the City. We will provide copies of training manuals and policy and procedures manuals to all project employees as well as extra copies to the City. 6. Establishing the Compost Operation - Hileman - McKinney will provide all of the on-site consulting and hands-on work necessary to establish the compost operation. This will include training personnel, windrowing the material, composting and monitoring t'- material to ensure that it will meet all Department of Pollution and Control regulations, and evaluating the process as well as distributing the compost to the public or marketing the finished Cproduct. 7. Record creeping - Hileman - McKinney will ensure that all of the necessary monitoring and record keeping required by the Department of Pollution Control and Ecology and the Environmental Protection Agency will be completed. We will be using both Word Perfect ar.d Lotus 1-2-3 computer programs for record keeping and correspondence purposes. All project personnel will also be trained in monitoring policies and procedures. 8. Leaf and Yard Waste Ordinances - Hileman - McKinney, in conjunction with City staff, will research and write a model leaf and yard waste ordinance which will take into account the needs of the City of Fayetteville. Both Mr. Hileman and Mr. McKinney have extensive experience in formulating rules and procedures to meet specific needs of organizations which can be applied to ordinance writing. Most of the current leaf and yard waste compost operations are located in the east and north east part of the country. These ordinances will be examined and the pertinent municipal government or compost operator will be contacted for their input. Eoth the National and Arkansas Municipal Leagues will be contacted for their input as well . 9 . Distrihution and/or Marketing - Hileman - McKinney will work closely with the City to unsure that all of the available compost product is distributed. } Parks and Recreation T� u0�h "in-house" use of the compost by the Division as well asdistribution to the public either free or at a nominal fee to cover loading costs will be researched. We will also work with the Arkansas Plant Board to ensure that the product, will meet any and all pertinent requirements for commercial sale of the compost if such amounts remain after in-house and public needs are met. C10. Explore Feasibility of a Full Municipal Compost Permit from the State of Arkansas - Upon instructions from the City of Fayetteville outlining the scope of the proposed project, Hileman - McKinney will begin a feasibility study for a full municipal compost operation. In conjunction with City staff, data collection procedures and an evaluation program will be designed. We will make use of computer models available for such evaluations ensuring that factor unique to the City of Fayetteville are included in the waste stream evaluation. We will contact Mark Witherspoon in the Solid Waste Division of the Arkansas Department of Pollution Control and Ecology regarding the requirements for the granting of a full municipal compost operation permit for the City. We will also contact the Environmental Protection Agency to ensure that any pertinent federal guidelines are included in the planning of such an operation. All of the steps listed above will be the responsibility of Hileman - McKinney to carry out with the full approval and participation of the City of Fayetteville. We are capable of performing all of the necessary tasks as are now envisioned. However, if a sub-contractor becomes necessary for any reason, they will only be employed with the full approval of the City. Since Hileman - McKinney & Associates is a new firm, we do not have an extensive record of performance to which we may point. We are currently doing consulting for Mr. Richard Backer of "Backer 's Compost" located at Backer's Variety Store, Gentry , Arkansas, 72724, ( 501) 730-2`07. Mr. Backer is composting chicken litter from Tyson chicken houses into a natural organic fertilizer which we are currently marketing . We can better illustrate our goals by examining the performances of the laboratories under the supervision of Mr . Hileman. While working as director of the Soil and Water Testing Laboratory at the University of Arkansas, a schedule was set and maintained in which completion of all routine chemical analysis and result mail-outs were completed within three working days. An average of 20, 000 samples were analyzed annually with each sample being :subject to six individual tests . With the retirement of Mr. Hileman the time required for analysis and result mail-out has increased to six days . Similar procedure schedules were established and met in the other laboratories under the supervision of Mr. Hileman as well as schedules for research work such as planting, maintenance, harvesting and data collection carried on throughout the state. A primary task of our firm in implementing the compost program for the City of Fayetteville will be cost control. One factor which will decrease the cost of the project is the degree to which all of the compost program activities can be carried out by City staff. Hileman - McKinney will use City personnel, services and equipment whenever possible to keep overall costs as low as possible. We will al:U explore the possibility of obtaining federal grant funds from the Environmental Protection Agency as well as from other sources. While the compost program is being implemented, we will explore all aspects of the procedure.s involved to determine the mood ec_non'ic paths to allow. _ .cal firm will decrease costs _ The fn�,, �t.,i'� Hileman McKinney`r �_ 3 � to the City of Fayetteville since we will not have to include in our fee the Cosa:o of air travel, hotel expenses, long will tommu c ` . p g ' a, c:; telephone r� ni ation and other related overhead expenses . There will be no long delays caused by travel when our service_; are requested. • CHileman - McKinney guarantees the quality of their work. As we stated earlier, the composting procedure is relatively simple but the chemical reactions involved are not. Good scientific methodology must be 'followed to ensure a clean and odor free compost operation. Standard policies and procedures will be implemented which will ensure just such a clean operation and a high quality standardized compost product. We take such pride in our work that as a standard part of any contract we sign, we offer our services for a full twelve months past the contract dates, at nu extra cost, to ensure that the program continues to function smoothly. This not only ensures the City of Fayetteville that we will perform our services as contracted but also ensures that the operation performs to our satisfaction. Also, for a reasonable annual fee we will be available for consultation and service to the City for as many years as they wish. Hileman - McKinney will be able to meet all of the deadlines set out by the City. It is fortunate that Fayetteville is beginning the project at this time. Any necessary equipment purchased by the City can be delivered in time for the fall leaf drop. We will be able to set up the program and have leaf compost available for the spring planting s•:ason. For a leaf and yard waste compost operation the schedules and deadlines are set, in a large part, by nature. It is possible to forecast, with some accuracy, when a mass of material will be available for composting and what components, in a large part, it will consist, This fo toasting capability enable the City to • use the compost facility to its greatest efficiency. Hileman - McKinney & Associates proximity to and familiarity with the City of Fayetteville and the surrounding area is an advantage that will ensure C a model compost facility. We have recognized that solid waste would be a problem for Northwest Arkansas for years. Mr . Hileman has spent the last thirty years researching methods to control and manage solid waste in order to help solve this problem. He has close irofessicnal relations with all of the relevant state agencies as well as numerous agricultural societies. All of the members of the firm have lived in Fayetteville or nearby for over thirty years and are familiar with the people and how they think. This is not a project that we will put together and then just walk away. It is a project that we will live in association with for the rest of our lives and one in which we will have a personal interest. Its performance will not only redact upon the City of Fayetteville but on our capabilities as well. For that reason alone, we will ensure that the project is a success. • • APPENDIX A PARTIAL LIST OF SERVICES OFFERED FOR YOUR CONSIDERATION 1. Solid Waste Composting: a. Municipal organic garbage b. Commercial organic garbage c. Leaves and yard waste 2. Recycling and Reuse: a. Municipal b. Commercial c. Marketing recyclable materials 3. Landfill Services: a. Reduction of volume b. Cover material c. Extension of landfill life 4. Home Separation 5. . Funding and Regulations: Federal and State a. Federal fund availability • b. Regulation projections 6. Marketing C7. Equipment Procurement 8. Research - Data Acquisition 9. Communications: a. Public input b. Solid Waste and Recycling Seminars c. Mass media d. Recycling literature e. Visual and Multimedia Aides 10. Regional Cooperative Program Development 11. Commercial and Industrial Relations 12. Personnel Training 13. Land and Habitat Reconstruction and Restoration C Leslie (Les) H. Hileman, MSA*, CPAg*, CPSS* • 108 San Jose Drive i Springdale, Ark. 72764 (501) 751 - 5288 Status: • Retired, Emeritus Professor, University of Arkansas Research Agronomist for 37 years. EXPERIENCE A. University of Arkansas: 1. Directed the Soil Testing and Research Laboratory in Fayetteville for 21 years. Duties included carrying out field, greenhouse and laboratory research in fertilizer response studies on forage crops. The laboratory processed an average of 31,000 soil samples annually. 2. Became director of the Water Testing Laboratory and served in this capacity for 28 years. The major work program of the lab vas the development and expansion of testing methods and service procedures in the areas of domestic, poultry, livestock, fish, greenhouses, point-of-use (POU), point-of-entry (POE), and industrial use and re-use as well as pollution and eater treatment research. 3. Served for 22 years as research and project director (Prof. 536) for the study of the physical and chemical properties of water for the State of Arkansas including surface, ground, municipal and industrial water. This project included the determination of water treatment methods as required and the utilization potential of poor quality water. 4. Served for 25 years as research project director (Prof. 546) for the study of physical, chemical and utilization characteristics of poultry manure and other organic wastes of agricultural industrial and domestic origin. This work included many aspects of waste management including odor control, liquid-solid separation and product quality. The work also included the use of microorganisms as waste destroying agents. B. Consulting: 1. Using organic compost to overcome soil salt contamination in the San Joaquin Valley of California using municipal waste as the source of the compost. 2. Reclamation of brine polluted soils using poultry manure compost in south Arkansas oil and gas fields. 3. Feedlot composting near Colorado Springs, Colorado: start-up of a business to make, use and sell compost potting soil. 4. Studied and visited projects in which sewage sludge was composted using the windrow and static pile methods in Los Angeles, California, Bongor, Maine and other locations. C 5. Pulp and paper mill sludge composting in Arkansas, Louisiana and C Texas. Also the conversion of the paper mill sludge into poultry and broiler house litter. 6. Arkansas - Kansas garbage composting operation using air separation, classification and recycling methods. Methods developed are nov in use in Florida and other states. 7. Evaluating odor control methods for liquid and solid manures and other similar odor problems. 8. Have been involved in Humic Acid (HA) and Fulvic Acid (FA) research for humus production and for a high analysis organic fertilizer. 9. Involved with experiments in compost fortification with chemicals to be used as a high analysis, fertilizer amendment for rov crop production. *MSA Master of Science, Agriculture, 1956 *CPAg Certified Professional Agronomist, 1978 *CPSS Certified Professional Soil Scientist, 1978 • • APPENDIX B Publications 1. Meinecke, C.F. , E. L. Stephenson, and L.H. Hileman. 1983 . Papermill Primary Sludge Evaluated as Broiler Litter. Ark. Farm Res. 32 (6) . 2 . Lawson, E.R. and L.H. Hileman. 1982. Effects of Burning Plus Planting and Final Shelterwood Harvesting on Nutrient Distribution in Runoff from Forest Watersheds. Proc. Sec. Bien. South. Silvarculture Res. Conf. 3 . Lawson, E.R. and L.H. Hileman. 1982. Nutrients in Storm Runoff from Hardwood Forested Watersheds in the Ozark Highlands. Proc. Soc. Amer. For. Nat. Cony. 4 . Hileman, L.A. 1982. Fortified Compost Product Shows Promise as Fertilizer. Biocycle Waste Recycling. 23 (1) . j 5 . Hurley, W.R. , A.E. Einert, and L.A. Hileman. 1982. pH Studies with Tall Bearded Iris Grown Under Hydroponics and in Soil. Bull. Amer. Iris Soc. 63 (2) . 6 . Hileman, L.H. and T.E. Morelock. 1982. In Row Application of Compost Evaluated in Greenbean Field Tests, Ark. Farm Res. 31 (6) . 7 . Hileman, L.H. 1981 . Fertilizer Use of A Chemically Fortified Compost Product. Ark. Farm Res. 30 (5) . 8. Hileman, L.H. 1980 . Composting Agricultural Residues. Waste Recycling. July-August. 9. Hileman, L.H. , Gerald Crossland, and Emily Burr. 1980. Performance of Compost in Reclaiming Salt Damaged Soils. Ark. Agri. Exp. Stn. Mimeo. Ser. 279. 10. Hileman, L.H. 1980. Iron and Manganese Content of Rural Domestic Water. Ark. Farm Res. 29 (1) . A C11. Hileman, L.H. 1979. Water Hardness of Rural Domestic Water ` in Arkansas. Ark. Farm Res. 28 (6) . 12. Hileman, L.H. 1979. Using the Residue in Crop Production. Proc. Seminar on Biogas and Alcohol Production. Chicago, I1. 13 . Klingaman, Gerald, T.E. Morelock, and L.H. Hileman. 1978. Variation in Artificial Soil Mixes. Ark. Farm Res. 27 (1) . 14. Hileman, L.H. 1977 . Final Report, Red River Water Quality Related to the Irrigation Potential of Associated Soils. Div. Soil & Water Res. State of Arkansas. 15. Hileman, L.H. 1977 . Chemical Analysis and Fertilizer Value of Turkey Manure. Ark. Farm Res. 26 (6) . 16 . Hileman, L.H. 1976 . Greenhouse Study of a New Soil Conditioner for Corn and Greenbeans. Ark. Farm Res. 25 (6) . 17 . Tackett, D.L. , J.E. Ellis, and L.H. Hileman. 1976 . Variations within Water Quality Measurements. Proc. 1976 Texas Fish Farming Conf. , Texas A & M Univ. 18. Hileman, L.A. 1974 . Irrigation Using Arkansas River Water. Ark. Dep. Comm. Div. Soil and Water Res. 19. Sabbe, W.E. and L.H. Hileman. 1974. Nutrient Composition of Fescue and Bermudagrass Grown in Arkansas: Summary of a Statewide Survey. Ark. Farm Res. Nov—Dec. 20 . Hileman, L.H. 1974. Soil Chemical Properties Related to Soil Type and Irrigation Water Quality. 10th Annual Water Resources Assoc. Las Croabas, Pnerto Rico. 21 . Hileman, L.H. 1974. Water properties as they may affect poultry performance. Southeast Poultry and Egg Conf. Auburn, Al. C 22. Hileman, L.H. 1974 . Mineral Quality of Fish Pond Effluent ' Related to Soil Properties and Crop Production. Proc. Wastewater Use in the Production of Food and Fiber. Environ- mental Protection Tech. Ser. EPA-660/2-74-041 . 23 . Hileman, L.H. 1974 . Using Poultry Manure Compost to Reclaim Salt Polluted Soils. Compost Sci . March-April. 24. Hileman, L.H. 1973. Fertilization of Warm Season Forage Species. 22nd Annual Ark. Plant Food and Lime Conf. Jan. 25. Hileman, L.H. 1973. Sensible Use of Chicken Litter and Fertilizers on Pastures. Proc. 70th Annual Assoc. South. Agri. Workers, Inc. Atlanta, GA. 26 . Hileman, L.H. , and W.E. Sabbe. 1973 . Summary of Domestic Water Analysis, 1970-1971. Agric. Exp. Stn. Rep. Ser. 209. 27 . Hileman, L.A. 1973 . Reclaiming Land Polluted by Brine from Oil Fields. Ark. Farm Res. 22 (5) . 28. Hileman, L.H. 1973 . Response of Orchardgrass to Broiler Litter and Commercial Fertilizer. Ark. Agric. Exp. Stn. Rep. Ser. 207 . 29. Sabbe, W.E. , L.H. Hileman, J.L. Keogh, and R. Maples. 1973 . Summary of Soil Test Data and Fertilizer and Lime Recommend- ations for 1961 to 1964. Ark. Agric. Exp. Stn. Pub. Rep. Ser. 205. 30. Hileman, L.H. and W.E. Sabbe. 1972. Response of Common Bermudagrass in Southwest Arkansas to Three Sources and Two Rates of Nitrogen. Ark. Agric. Exp. Stn. Bull. 778. 31 . Hileman, L.A. 1972 . Transactional Dynamics of Poultry Manure in Soil. Amer. Soc. Agric. Eng. , Chicago, IL. C 32. Hileman, L.H. 1972. Effect of Rate of Poultry Manure Application on Selected Soil Chemical Properties. Compost Sci. 13 (3) . 33 . Offutt, M.S. and L.H. Hileman. 1972. Effect of Nitrogen, Phosphorus, and Potassium on Yield and Composition of Smooth Bromegrass. Ark. Exp. Stn. Bull. 776. 34. Sabbe, W.E. , J.L. Keogh, R. Maples, and L.H. Hileman. 1972. Nutrient Analysis of Arkansas Cotton and Soybean Leaf Tissue. Ark. Farm Res. 21 (2) . • 35. Hileman, L.A. 1971. Response of Bermudagrass to Three Sources and Two Rates of Nitrogen. Ark. Farm Res. 20 (5) . 36 . Hileman, L.H. 1971 . Effect of Rate of Poultry Manure • Application on Selected Soil Chemical Properties. Proc. Int. Symp. on Livestock Wastes. 1969. p. 247-248 37 . Hileman, L.H. 1971. Pollution for use of Broiler Litter on Pasture. Proc. Assoc. South. Agric. Workers. p. 68-69. 38. Hileman, L.H. 1970. Pollution Factors Associated with Excessive Poultry Litter (Manure) Applications in Arkansas. Proc. Animal Waste Conf. , Cornell Univ. , Rochester, NY. 39. Hileman, L.A. 1970. Effect of Soluble Salts in the Soil on Establishment and Growth of White Clover. Ark. Farm Res. 19 (3) . 40. Sabbe, W.E. and L.H. Hileman. 1969. Manganese in Arkansas Domestic Water. Ark. Farm. Res. 18 (6) . 41 . Hileman, L.H. 1969. The Relationship Between Soil pH, Potassium and Calcium. Proc. Ark. State Hort. Soc. 42. Hileman, L.H. , A.E. Spooner, and M.L. Ray. 1968. Results , -- of Pasture Fertilization as Shown by Changes in Soil Tests. Ark. Farm Res. 17 (4) . 43 . Hileman, L.H. and W.E. Sabbe. 1968. Nitrate-Nitrogen in Domestic Water Supplies. Ark. Farm Res. 17 (3) . 44. Hileman, L.H. 1967 . The Effect of Broiler Litter on Soil Under Orchardgrass Sod. Ark. Farm Res. 16 (11) . 45 . Hileman, L.H. , B. Killion, R.M. Maples, L.L. Keogh, and G.W. Hardy. 1967 . Summary of Arkansas Soil Tests, 1955-61. Ark. Agric. Exp. Stn. Rep. Ser. 161 . 46 . Hileman, L.H. 1967 . The Fertilizer Value of Broiler Litter. Ark. Agric. Exp. Stn. Rep. Ser. 158. 47 . Hileman, L.H. and W.E. Sabbe. 1966 . Softening Domestic Water. Ark. Farm Res. 15 (5) . 48. Offutt, M.S. , L.H. Hileman, and O.T. Stallcup. 1966. Effect of Lime, Phosphorus, and Potassium on Yield and Composition of Korean Lespedeza. Ark. Agric. Exp. Stn. Bull. 717. 49. Hileman, L.H. , M.S. Offutt, J.L. Keogh, and L.F. Thompson. 1966. Alfalfa Fertilization. Ark. Agric. Exp. Stn. Bull. 715. 50. Hileman, L.H. 1966 . Lime- for Pasture and Hay Crops. Proc. 16th Annual Ark. Plant Food and Lime Conf. 51 . Hileman, L.H. 1965. Broiler Litter as a Fertilizer. Ark. Farm Res. 16 (1) . 52. Hileman, L.H. 1965. Effect of Fertilizers on Pasture Stand Establishment. Proc. 15th Annual Plant Food and Lime Conf. C M C53 . Hileman, L.H. 1963 . Soil Test Summary. Proc. 12th Annual - -- Ark. Plant Food and Lime Conf. 54 . Hileman, L.H. 1963 . Current Soil Test Summary. Proc. Plant Food Conf. 12: 45-51. 55. Hileman, L.H. 1963 . Hillside Soils. Ark. Gardener 23 (4) :9- 10. 56 . Hileman, L.H. , R. Maples, J.L. Keogh, and G.W. Hardy. 1963. Acidity on Arkansas Soils as Reflected in Results of Soil Tests. Ark. Farm Res. 12 (5) :3 . 57 . Killion, Ben F. and L.H. Hileman. 1962. Domestic Water • Analysis. Ark. Farm Res. 11 (6) . 58. Hileman, L.H. 1962. Chemical Analysis of Broiler Litter. Ark. Farm Res. 11 (5) :12. 59. Thompson, L.F. and L.H. Hileman. 1961. Hop Clover in Pasture. Ark. Far Res. 10 (5) : 9. 60. Hileman, L.H. , R.L. Beacher, and L.F. Thompson. 1961 . Fertilization and Soil Test Studies on Common and Coastal Bermudagrass, Ark. Agric. Exp. Stn. Bull. 637 . 61. Hileman, L.H. 1960. Alfalfa Fertilization. Ark. Farm Res. 9 (4) :9. 62. Hileman, L.H. 1959, Soil Test and Fertilization Studies on Common Bermudagrass. Proc. Assoc. South. Agric. Workers. 1960. p. 75-76. 63 . Hileman, L.H. 1959. Time of Nitrogen Application for Permanent Pastures. Chilean Nitrate Farm Forum 63: Jan. 64. Hileman, L.H. 1959. Soils. Ark. Gardener 19(4) :10-11. C • 65. Hileman, L.H. 1959. Soil Testing and Fertilization Studies on Common Bermudagrass. Abstr . Proc. Assoc. South. Agric. Workers 56 :75-76 . 66 . Maples, R. , R.L. Beacher, J.L. Keogh, and L.H. Hileman. 1958. Outlying Cotton Fertilizer Tests, 1956-57 . Ark. Agric. Exp. Stn. Mimeo. Ser . 71 . 67 . Beacher, R.L. , G.W. Hardy, R. Maples, J.L. Keogh, and L.H. Hileman. 1958. Experiments with 32% Nitrogen Solution, 1957 . Ark. Agric. Exp. Stn. Mimeo. Ser. 73 . March 1958. 68. Hileman, L.H. 1958. Soil Tests and Pasture Fertility. Proc.8th Annual Ark. Plant Food Conf. U of A, Fayetteville. ' 69. Hileman, L.H. 1958. Soil Tests and Pasture Fertility. Proc. Ark. Plant Food Conf. 8:60-62. 70 . Hileman, L.H. 1958. Orchardgrass Fertilization. Ark. Farm Res. 7 (5) :11. 71. Hileman, L.A. and R.L. Beacher. 1958. Fertilization and Soil Test Studies on Permanent Pastures, 1954-56 . Ark. Agric. Exp. Stn. Rep. Ser. 73 . Jan. 1958. 72. Hileman, L.H. , R.L. Beacher, and C.E. Wells. 1958. Alfalfa Fertilizer Studies, Including Trace Minerals, 1955-57 . Ark. Agric. Exp. Stn. Mimeo. Ser. 67 . 73. Hileman, L.H. 1957 . Orchardgrass Fertilization, 1957 . Ark. Farm Res. 5 (5) :11. 74. Hileman, L.A. and R.L. Beacher. 1957. Comparison of Soil Tests and Fertilizer Response on Summer Pasture. Proc. Assoc. South. Agric. Workers, p.82-83 . 75. Hileman, L.A. 1956 . Soil Tests and Fertilizer Studies on Upland Pastures. Thesis, University of Arkansas, Fayetteville. C • 76 . Beacher, R.L. , R. Maples, L.H. Hileman, and J.C. Noggle. 1955 . Small grain Fertilizer Trials, 1954-55. Ark. Agric. Exp. Stn. Mimeo. Series 42. 77 . Hileman, L.H. 1956 . Pastures-Meadow, Fertilizer, Soil Tests and Yield Response. Proc. 6th Annual Ark. Fertilizer Conf. , Nov. 1956 . 78. Hileman, L.H. 1955. Pasture-Meadow Fertilizer Experiments. Proc. 5th Annual Ark. Fertilizer Conf. 79. Beacher, R.L. and L.H. Hileman. 1955. Nitrogen boosts summer pasture production. Farm Forum. p. 5-6. C • Publications l Hileman, L. H. and John Langston, Summary of Mineral Analysis of Domestic Water Samples by Well Depth, Proc. 31st Midwest Ground Water Conference, October, 1986. Barton, T. H. , L. H. Hileman and T. S. Nelson, A Summary of Water Quality on Arkansas Broiler Farms and its Effect on Performance Research Report, Southeast Poultry and • Egg Association, June, 1985. Lawson, E. R. , T. L. Rogerson and L. H. Hileman, Nutrients in Storm Runoff from Undisturbed Hardwood Forested Watersheds in the Boston Mountains, Proc. Fifth Central Hardwood Forested Conference, April, 1985. Lawson, E. R. , T. L. Rogerson and L. H. Hileman, Nutrients in Storm Runoff from Hardwood Forested Watersheds in the Ozark Highlands, Third Biennial Southern Siviculture Research Conference, November, 1984 . C C APPENDIX C G. Thomas McKinney • Rt. 2 Box 424 West Fork, Ark. 72774 C.. 751-5288 (W) • 839-8571 (H) EXPERIENCE A. Administrative Intern for the City of Fayetteville, 113 West Mountain, Fayetteville, Ark., 72701, from May, 1987 to Hay, 1988. Administrative Aide for the City of Fayetteville from August, 1988 to January, 1989. Nature of Work: 1. Assisted Division Heads in formulating annual goals and objectives; 2. Formulated safety procedures for the Administrative Services Department; 3. Assisted in budget analysis for Administrative Services Department; 4. Compiled Major Projects Status Report, Administrative Services Department Monthly Summary, and the Monthly Departmental Summary for the City Manager's Monthly Report to the Fayetteville Board of Directors; 5. Chaired the Accident Prevention Committee responsible for reviewing accidents by City staff and formulating preventative measures to decrease the accident rate and Workman's Comp rates for the City; 6. Completed administrative tasks assigned by the Assistant City Manager and the Special Projects Officer. B. McKinney Insurance Agency, P.O. Box 1069, 2420 S. School St., Fayetteville, Ark., 72701. - Nature of Work: 1. September, 1983 to January, 1987 - Held position of Commercial Underwriter whose duties included: a. Managing commercial insurance accounts; b. Quoting premiums to prospective clients; _ c. Processing claims for the Agency's policy holders. • 2. January, 1981 to May, 1983 - Held position of general office worker whose duties included: a. Typing various insurance forms; b. Filing paperwork; c. General customer service. EDUCATION A. Currently completing a Masters Degree in Public Administration at the University of Arkansas, Fayetteville, Arkansas, 72701. 1. Scheduled to complete comprehensive exams in August of 1989 to complete the requirements of the degree program; 2. Currently hold a 3.5 grade point average out of a possible 4.0; J y 3. Have studied such specialized areas as: a. Personnel Management b. Budgeting c. Organizational Theory d. Statistical Methods B. Graduated from the University of Arkansas with a Bachelor of Arts Degree in Political Science in June of 1985. In addition to my Political Science requirements, I also concentrated on special areas of interest which included: a. Waste Management (20 semester hours) b. Environmental Science (30 semester hours) c. Chemistry (16 semester hours) d. Business Administration (40 semester hours) e. Geography (16 semester hours) f. Soil Science (6 semester hours) • Hileman - McKinney & Associates •+ t Solid Waste & Resource Management Consultants 108 San Jose Dr. ' = Springdale, AR 72765 (501) 751-5288 Budget for professional services for the establishment of a leaf and yard waste compost program for the City of Fayetteville, Arkansas. Professional fees - $50 . 00 per billable hour Total contract hours - 565 Total contract amount - $28, 250 . 00 Duration of contract - 24 months September 6, 1989 to September 5, 1990 - Program implementa- tion and evalua- tion-$28, 250.00 September 6, 1990 to September 5, 1991 - Program warranty period - no charge BILLABLE HOURS FEE SITE PERMITTING & PREPARATION Section XV of the Arkansas Solid 25 $1, 250 Waste Management Code 16 Criteria for Siting Municipal 25 $1, 250 Leaf and Yard Waste Composting Facilities, Cooperative • Extension Service, Rutgers, NJ TOTAL 50 $2, 500 PUBLIC EDUCATION Presentations & Speeches (projected ) 40 $2, 000 Printed Material for Distribution 20 $1,000 Video Tape Production 25 $1, 250 TOTAL 85 $4, 250 EQUIPMENT RESEARCH Grinder 3 . 5 $175 Turner 3 .5 $175 S'reener 3. 5 $175 Kiscellaneous 1.5 $75 • TOTAL 12 $600 ESTABLISHING THE COMPOST OPERATION E.P.A Grant Assistance 20 $1, 000 Training & Instruction: Compost Management 70 $3, 500 Leaf Management 5 $250 Windrow Management 10 $500 Grinder 20 $1, 000 Turner 20 $1,000 Screener 10 $500 Chemical & Physical Analysis 50 $2, 500 Sampling Procedures For : Organic Carbon C Kjeldahl (Total) Nitrogen N Moisture Oxygen 0 2 pH t Organic Matter Electrical Conductivity Potasium K ' Calcium Ca Magnesium Mg Arsenic As Cadmium Cd Chromium Cr Copper Cu Zinc Zn Lead Pb Pesticide Residue Onsite Analysis: pH Electrical Conductivity Temperature Moisture 0 2 TOTAL 205 $10, 250 RECORD KEEPING Receiving 5 $250 ` - r .1 y/ Processing 15 $750 Analysis & Monitoring 15 $750 Collec io ation $500 Distrib» inn 250 J- .. Equipment Evaluation 5 $250 TOTAL -55-- $2, 750 40 $2,000 DISTRIBUTION & MARKETING Publicity and Public Education 30 $1,500 Product Registration (For Marketing) 12 $600 Bagging of Product 4 $200 Research on Public Reaction to the 30 $1, 500 Compost Operation & the Product TOTAL 76 $3, 800 ORDI KITING Research $1, 200 Drafting 16 $800 TOTAL 40 2 000 ARCH FOR MUNICIPAL COMPOST PERMIT Waste Stream tion 17 $850 Municipal Compost Facility Ev ion 17 $850 Arkansas DPC&E and EPA P $400 Research TOTA 42 TOTAL CONTRACT AMOUNTS '565 $28, 250 468 $23,400 V .f EXHIBIT C Detail of Project Publicity Phase CONSULTANT's shall be available, at the request of the OWNER or through a written or oral request from the media or a community group or organization, for public education activities including, but not limited to, interviews, television and radio appearences, workshops, oral and multimedia presentations and public meeting or forums for a minimum of 85 billable hours during the life of the contract in the following form: Presentations & Speeches Interviews 10 hrs. $500 Television and Radio Appearences 5 hrs. $250 Public Meetings & Workshops 10 hrs. $500 Oral & Multimedia Appearences 15 hrs. $750 Total: 40 hrs. $2,000 Printed Material for Distribution Leaf & Yard Waste Facility Information 10 hrs. $500 General compost information 10 hrs. $500 Total: 20 hrs. $1,000 Video Tape Production 25 hrs. $1.250 TOTAL PROJECT PUBLICITY 85 hrs. $4,250 CONSULTANT will, in conjunction with the OWNER's, make available to the public information regarding the leaf and yard waste compost facility including information on the OWNER's facility as well as generally available compost information.