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Home My WebLink About191-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 191-18 File Number: 2018-0436 BLUEINGREEN, LLC AND CH2M HILL ENGINEERS, INC.: A RESOLUTION TO APPROVE LEASE, MAINTENANCE AND OPERATION AGREEMENTS WITH BLUEINGREEN, LLC AND CH2M HILL ENGINEERS, INC. FOR OFFICE AND LAB SPACE AT THE NOLAND WATER RESOURCE RECOVERY FACILITY AND AN EXTENSION OF BLUEINGREEN'S WARRANTY AND SERVICE OF ITS EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, in an effort to encourage cooperation and collaboration in the operation of the Paul R. Noland Water Resource Recover Facility, hereby approves and authorizes Mayor Jordan to sign Lease, Maintenance & Operation Agreements with BlueInGreen, LLC and CH2M Hill Engineers, Inc. for office and lab space at the City's Facility and an extension of BlueInGreen's warranty and service of its equipment. PASSED and APPROVED on 9/18/2018 Attest: Sondra E. Smith, City Clerk _ . - =00 FAYETTEV4LL; C-1 : ►-: Page 1 Printed on 9/24118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0436 Agenda Date: 9/18/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 2 BLUEINGREEN, LLC AND CH2M HILL ENGINEERS, INC.: A RESOLUTION TO APPROVE LEASE, MAINTENANCE AND OPERATION AGREEMENTS WITH BLUEINGREEN, LLC AND CH2M HILL ENGINEERS, INC. FOR OFFICE AND LAB SPACE AT THE NOLAND WATER RESOURCE RECOVERY FACILITY AND AN EXTENSION OF BLUEINGREEN'S WARRANTY AND SERVICE OF ITS EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, in an effort to encourage cooperation and collaboration in the operation of the Paul R. Noland Water Resource Recover Facility, hereby approves and authorizes Mayor Jordan to sign Lease, Maintenance & Operation Agreements with B1ueInGreen, LLC and CH2M Hill Engineers, Inc. for office and lab space at the City's Facility and an extension of B1ueInGreen's warranty and service of its equipment. City of Fayetteville, Arkansas Page 1 Printed on 912112018 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2018-0436 Legistar File ID 9/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/13/2018 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a Lease, Maintenance and Operation Agreement between the City of Fayetteville and BluelnGreen, LLC and between the City of Fayetteville and CH2M Hill Engineers, Inc. to encourage and ensure the cooperation and collaboration in the operation of the ozone disinfection system at the Paul R. Noland Water Resource Recovery Facility. N/A Account Number N/A Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget N/A Fund N/A Project Title J 5 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE 14' ARKANSAS MEETING OF SEPTEMBER 18, 2018 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Water & Sewer Committee FROM: Tim Nyander, Utilities Director DATE: August 13, 2018 CITY COUNCIL MEMO SUBJECT: Lease, Maintenance & Operation Agreements for Ozone Disinfection System at the Paul R. Noland Water Resource Recovery Facility RECOMMENDATION: Staff recommends approval of a Lease, Maintenance and Operation Agreement between the City of Fayetteville and BluelnGreen, LLC and between the City of Fayetteville and CH2M Hill Engineers, Inc. to encourage and ensure the cooperation and collaboration in the operation of the ozone disinfection system at the Paul R. Noland Water Resource Recovery Facility. BACKGROUND: BluelnGreen, LLC installed a HyDOZ ozone disinfection system at the Noland facility. This disinfection system involves maintenance and sampling to continue in its operation. DISCUSSION: This agreement will allow for BluelnGreen, LLC to occupy and use the South Operations Building at the Noland facility for an initial term of one year for its operations, water research lab, and to extend its warranty of its equipment continuously during the term of the Lease, Maintenance and Operation Agreement. This agreement also specifies that CH2M Hill Engineers, Inc. provide BluelnGreen, LLC the results of its regulatory compliance and process monitoring sampling and data analysis directly related to BluelnGreen's HyDOZ system, among other tasks outlined in the agreement that will assist BluelnGreen in maintaining and operating the ozone disinfection system. BUDGET/STAFF IMPACT: None. Attachments: Lease, Maintenance & Operation Agreement Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 LEASE, MAINTENANCE & OPERATION AGREEMENTS These Lease, Maintenance and Operation Agreements are made and agreed to by and between the City of Fayetteville, Arkansas and BlueInGreen, LLC and between the City of Fayetteville and CH2M Hill Engineers, Inc. PURPOSE These Agreements are to encourage and ensure the cooperation and collaboration in this operation of Fayetteville's Paul R. Noland Facility (hereinafter "Noland Facility"), the extension of the BlueInGreen's warranty and service of its equipment used at the Noland Facility, and leasing of the South Operations Building to BlueInGreen for its offices and water research lab. Pursuant to the mutual promises, commitments and duties shown below, the Parties covenant and agree as follows: (A) The City of Fayetteville promises to lease to BlueInGreen the South Operations Building of the Noland Facility and appropriate nearby areas including reasonable access and parking as needed, for BlueInGreen's use as its operations and office facility for an initial term of one year beginning at the execution date of this Agreement by all parties. (B) BlueInGreen promises to occupy and use the South Operations Building of the Noland Facility for its operations and as an office facility and to extend its warranty of its equipment continuously during the term of this Lease, Maintenance and Operation Agreement including providing service for any of its equipment as needed pursuant to its warranty. (C) CH2M Hill Engineers, Inc. promises to provide to BlueInGreen the results of its regulatory compliance and process monitoring sampling and data analysis directly related to BluelnGreen's HyDOZ system. CH2M Hill Engineers, Inc. also agrees to provide some additional process control data routinely collected to assist BlueInGreen's research and HyDOZ optimization efforts. (D) CH2M Hill Engineers, Inc. agrees to consider the following tasks and within its sole discretion provide some additional assistance to BlueInGreen in the below areas: (1) Work with BlueInGreen to provide additional sampling and data analysis to assist in system optimization. (2) Work with the City of Fayetteville and BlueInGreen to develop technical papers beneficial to all parties. (3) Assist BlueInGreen in providing remote access to vendor supplied equipment. (4) Review BlueInGreen recommendations for changes to the ozone system and other process operations to optimize the ozone system and overall plant performance and efficiency and, with the approval of the City of Fayetteville, implement any such recommendations that CH2M Hill Engineers, Inc. believes is advisable. (5) Work with the City and BlueInGreen to enable use of the Liquid Oxygen tank for added redundancy and future testing and optimization. This work was B1ueInGreen's design, but engineer inspection and certification for the piping and connections are needed. The City of Fayetteville will place the installation costs within the City of Fayetteville and CH2M Hill Engineers, Inc.'s operating contract. (6) Assist BlueInGreen in its utilization and occupation of the South Operations Building including security and access processes. Pagel of 3 TERM OF LEASE, MAINTENANCE AND OPERATIONS AGREEMENT (A) The first year term of this Lease, Maintenance and Operations Agreement begins upon the proper execution of this agreement by all. parties and continues for the following twelve months. (B) This Agreement shall automaticaly be extended for an additional one year term unless a Party provides written notice of its intention to terminate its participation in this Agreement at least thirty (30) days prior to the expiration of the initial term. The second, third, fourth and fifth additional one year terms will be automatically extended unless similar one month written notice of termination is given thirty (30) days prior to the end of any term. (C) These agreements are not between CH2M Hill Engineers, Inc. and B1ueInGreen LLC. CH2M Hill Engineers, Inc. is contracting solely with the City of Fayetteville. TERMINATION FOR CAUSE If any party fails to properly and timely fulfill all of its duties and promises of its Agreement and fails to cure any such contractual breach within sixty (60) days after proper written notification of such breach is given to the breaching party, the other party may immediately terminate that Agreement. NOTIFICATION Proper written notification shall be delivered to the parties at these addresses by hand delivery or first class mail: (1) City of Fayetteville Office of the Mayor Fayetteville City Hall 113 West Mountain Fayetteville, AR 72701 (2) CH2M Hill Engineers, Inc. Project Manager for Fayetteville Wastewater Plants 1400 North Fox Hunter Road Fayetteville, AR 72701 (3) B1uelnGreen, L.L.C. President and CEO 700 W. Research Center Blvd. Fayetteville, AR 72701 Page 2 of 3 In agreement with all the terms, conditions, promises, commitments and duties above, we authorized representatives of the parties sign below. B1ueInGreen, LLC C112M Hill Engineers, Inc. Chris Milligan Steve Carpenter President, CEO Regional Manager 700 W. Research Center Blvd. 1400 North Fox Hunter Road Fayetteville, AR 72701 Fayetteville, AR 72701. By: � l •'1 _ By: _ Chr—ismillivIchSteve Carpenter President) EO Regional Manager Date: 8/10/18 Date: 8/3/18 City of Fayetteville Mayor Lioneld Jordan 113 W. Mountain St. Fayetteville, AR 72701 . R �� i Mayor . Date: ATTEST: By:�T R'��4i SONDRA SMITH •' • SG�4 • "' 4 City Clerk w:� • & `� DF 'A-; Page 3 of `'�r'Aiii i ypN �`,,