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HomeMy WebLinkAbout2021-08-10 - Agendas - FinalCITY OF FAYETTEVILLE %PF ARKANSAS MEETING AGENDA Water, Sewer, and Solid Waste Committee 10 August 2021 5:30 P.M. (Or immediately following Equipment Committee Session) This is a Hybrid Meeting, Virtual and/or In -Person Committee: Chairman Mark Kinion; Council Member Sloan Scroggin, Council Member Teresa Turk, Council Member D'Andre Jones, Copy to: Mayor Lioneld Jordan, Paul Becker, Kara Paxton, Susan Norton, Chris Brown, Alan Pugh, Terry Gulley, Peter Nierengarten, Jeff Coles, Brian Pugh, Mark Rogers, Corey Granderson, Aaron Watkins, Greg Weeks, Monty Sedlak, Chris Hall From: Tim Nyander, Utilities Director CALL TO ORDER ROLL CALL UPDATES OLD BUSINESS: 1. Jacobs Cost Overrun for FY2020 Continued discussion of the CH2M Hill/Jacobs O&M budget overrun. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL NEW BUSINESS: 2. Elkins Sewer Service Agreement Discuss the 15-year sewer service agreement to be presented to the City Council at the September 7t" meeting. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 3. Franchise Hauling Agreement Discussion of a hauling contract that will permit Arkansas Waste Solutions to collect and haul Class 1 and Class 4 solid waste using open -top roll -off style containers or roll -off style compactors. There will also be discussion on a hauling contract that will permit Ozark Compost & Swap, LLC to collect and haul organic waste for composting and recyclable materials. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 4. Pump Rebuild for Lift Station 52 (Broyles Ave.) On July 21, 2021, the 45 HP Flygt submersible pump at the Broyles Lift Station failed to perform. The pump was removed and sent to Jack Tyler Engineering, the authorized Flygt representative, for evaluation. The pump seals had failed, introducing water into the pump casing causing bearing and shaft failure. The rotor came into contact with the stator and caused damage the motor windings. The City has received a quote in hand from Jack Tyler Engineering (JTE) for $21,409.37 to rebuild the pump. JTE's proposal includes new seals, bearings, shaft milling, electrical component repairs, new cable, rewinding the motor, sealing, and painting. We do believe this item qualifies for tax exemption as specified by the Arkansas Department of Finance Arkansas Tax Rules — Gross Tax Receipt Rules; Compensating Use Tax Rules; Special Excise Tax Rules - Section GR-66E because the pump is used to convey wastewater to the bioprocess. Pending this determination, taxes are estimated to be $2,141. Freight is included in the quoted price. The total cost for this project is estimated to be $23,550.37. The cost of a new pump is $49,525 plus 12-15 weeks for delivery. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 5. Bid Award for Township Water Tank Construction This project will remove the aging and undersized water tank (75,000 gal) serving the Township Pressure Plane and will construct a new larger water storage tank (250,000 gal) to meet fire flow and domestic demands. These improvements were recommended in the City's Water Master Plan by Olsson, Inc. This project was previously bid along with other waterline and pump station upgrades; however, pricing came in very high, and the project was split into smaller phases to stay closer to trade -lines and create more competition. On July 14th, 2021 the City of Fayetteville accepted sealed competitive bids for the Township Pressure Plane Improvements project. Caldwell Tanks, Inc. submitted the lowest bid. All bids are shown here: Caldwell Tanks, Inc. $2,325,000.00 Landmark Structures $2,581,000.00 Phoenix Fabricators & Erectors, Inc. $2,612,000.00 Staff recommends awarding Bid #21-60 and approving a construction contract with Caldwell Tanks, Inc. in the amount of $2,325,000.00 for construction of a new elevated water storage tank, associated site improvements, and demolition of the existing tank. Funds are available for this project in the Water System Rehabilitation account. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 6. Olsson Amendment #5 for Township and Richland Creek On January 2, 2018, the City Council passed Resolution 19-18 to approve a professional engineering services agreement with Olsson, Inc. to begin design work on this project. The project consists of four sub -parts that will each be bid separately. Namely: Contract Sect. 1: Pressure Sustaining Valves Rehabilitation (Under Construction) Contract Sect. 2: Gulley Road Water Tank (Under Construction) Contract Sect. 3: Gulley & Goshen Pressure Plane Improv. (Easement Acquisition) Contract Sect. 4: Township Tank & Improvements (Bidding) Amendment No. 1 was passed administratively utilizing contingency dollars to adjust the project scope. Amendment No. 2 was passed via Res. 266-19 to account for engineering time related to permitting and re -design delays. Amendment No. 3 was passed via Res. 203-20 for construction phase services related to Contract Section 2, the elevated water storage tank. Amendment No. 4 was passed via Res. 239-20 for construction phase services related to Contract Section 1. Amendment No. 5 will provide funding for construction phase services associated with both the Township Tank construction (Phase 1 of Contract Section 4) and the Richland Creek waterline crossing (part of Contract Section 3). Both projects are in process for bid awards to start construction. Olsson will be involved with all project aspects during construction, including onsite daily observations and inspections per engineering best practices and state law. This amendment also provides additional engineering design fees for the preparation of plans and specifications pulled from the larger contracts into smaller bid packages. These separations allowed the Township Tank to bid separate from the waterline and pump station work, providing more competition. The Richland Creek waterline crossing was separated from the larger Contract Section 3 due to an April waterline blow-out in that vicinity that needed replacements expedited. The total costs for proposed Amendment No. 5 are based on Olsson's fee schedule and level of effort per task, not to exceed $312,000.00. This will raise the overall engineering project fees from $982,605.00 to $1,294,605.00. Funds for this amendment are budgeted and available from the Water System Rehabilitation/ Replacement account STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 7. Midland Industrial Services Change Order for Noland Electrical Phase I Resolution 160-20 approved a construction contract for electrical high -voltage replacements and upgrades at the Noland Water Resource Recovery Facility with Midland Industrial Services, LLC in the amount of $1,036,491.85. Construction began in Summer 2020. Change Order No. 1 was approved (Res. 273-20) in the amount of $349,814.99 to account for additional underground high voltage cabling and termination end points that had not been identified during the engineering design phase but were necessary for function and safety of the overall project. During construction, City Staff provided minor work change directives to the contractor to ensure the best end product would be delivered. These include increasing size of underground conduits from 3-in to 4-in to accommodate a neutral wire called out on the plans/specs. These portions of work had been identified as larger in the plant as-builts but upon exposure, needed to be upgraded to function with the overall design intent. Additional details can be seen in the contractor's narrative and the Engineer's cover letter. The cost increase for these items is $6,713.00. Furthermore, the contractor did not utilize a portion of their confined space bid allowance, for a savings of $4,792.56. Therefore, the net change order needed to reconcile all quantities is $1,920.44. Staff recommends approval of a change order with Midland Industrial Services, LLC in the amount of $1,920.44 for additional changes directed during construction as work change directives to the contractor. Funds are available in the Water & Sewer Fund's CIP program to cover this cost. Since no contingency dollars remain on this project, the cost increase must go before the full City Council for approval. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 8. Pinnacle Ozone Solutions The ozone generation units need repair on the computerized circuitry. The work is very specific and only have the manufacturer to perform the repair. A bid waiver will be required. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 9. Overview of WWTP Monthly Report Discussion of June's Monthly WWTP Report PRESENTATIONS ATTACHMENTS Elkins Sewer Service Agreement City Council Memo — Arkansas Waste Solutions City Council Memo — Ozark Compost and Swap, LLC Submersible Pump Rebuild Quote Township Tank Vicinity Map Caldwell Tank Submittal Olsson Amendment Midland Change Order Pinnacle Service Quote June 2021 WWTP Report ADJOURN Next Water, Sewer, Solid Waste Committee meets on Tuesday, September 14, 2021, 5:30 p.m. 12 CONTRACT FOR SANITARY SEWER SERVICE BETWEEN THE CITIES OF ELKINS, ARKANSAS AND FAYETTEVILLE, ARKANSAS This Contract, is agreed to and entered into this day of 2021, by and between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as "'Fayetteville", and the City of Elkins, Arkansas, a municipal corporation, hereinafter referred to as "'Elkins", witnesseth: WHEREAS, Fayetteville in its governmental capacity owns and operates its own complete wastewater collection, treatment and discharge system; and WHEREAS, Elkins in its governmental capacity owns and operates its own wastewater collection system and does not operate a wastewater treatment or discharge system; and WHEREAS, Fayetteville receives wastewater from Elkins and then collects and processes the wastewater in Fayetteville's wastewater treatment facility and discharges treated wastewater effluent under Fayetteville's National Pollution Discharge Elimination System (NPDES) permit; and WHEREAS, at this time it has been determined that the best and most feasible treatment for Elkins' wastewater can be provided by Fayetteville's wastewater treatment facilities; and WHEREAS, Elkins desires to contract with Fayetteville to provide continued collection and treatment for the wastewater from Elkins; and WHEREAS, Fayetteville must ensure that this role does not place financial burden of Fayetteville's retail customers for which Fayetteville's retail customers receive no benefit; and WHEREAS, Elkins must ensure that this role does not place financial burdens on Elkins' retail customers for which Elkins' retail customers receive no benefit; and WHEREAS, Elkins acknowledges that Fayetteville must add and fund capacity additions from time -to -time. NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions hereinafter set forth and other valuable considerations, the receipt of which is hereby acknowledged by Fayetteville and Elkins, it is hereby agreed as follows: 1 A. TREATMENT OF SEWAGE 1. Fayetteville agrees to accept for treatment the sanitary sewage delivered by Elkins to the Fayetteville system and to process such wastes in the same manner as wastes from Fayetteville are treated under the following terms and conditions: 2. Elkins will own and maintain all facilities required to deliver wastewater from Elkins to a'Point of Connection" to Fayetteville's sewer collection system as described in Section I below. Elkins' wastewater will be discharged to the environment under Fayetteville's NPDES permit or permits, as well as any other regulatory requirements that apply as a result of said permit or permits. This applies to any and all permits that pertain to any portion of the wastewater conveyance and treatment system through which Elkins wastewater flows. Fayetteville will provide Elkins a current copy of the NPDES permit and any future revisions. Permits which are issued relative to portions of the Fayetteville wastewater conveyance and treatment system through which Elkins wastewater does not flow do not apply. 3. Fayetteville and Elkins agree that Fayetteville shall accept and treat all wastewater flows from Elkins until the bio-loading at the Paul Noland Plant ("Plant") and the hydraulic loading at any point in the collection system from the Point of Connection to and including the 'Plant" reaches 75%, and, at that time the Elkins and Fayetteville agree to pro -rate the remaining capacity between all cities and any non -city customers using the 'Plant" based on the existing percentage of that 'Plant" by each city or non -city customer until additional capacity is provided. Fayetteville will provide monthly reports to Elkins showing the average bio-loading for each month. B. RATES FOR SEWER SERVICE 1. Elkins and Fayetteville agree that rate -making shall be fair and equitable to all customer classes, be easy to administer and understand and shall be based on policies that result predictable rate adjustments and avoid abrupt rate changes. 2. Elkins agrees that Fayetteville's return on investment on assets employed to provide service to Elkins will be limited to 2% above the average bond coupon outstanding debt at the time of the comprehensive cost of service study noted in paragraph 4 below. 3. Elkins and Fayetteville agree the rate for sewage treatment services provided herein shall be $5.04 per I,000 gallons of sewage received by Fayetteville from Elkins for treatment beginning on the date this agreement is approved by both Cities, As provided by Fayetteville City Code § 51.137(A)(2), beginning on January 1, 2021, all monthly sewer quantity charges -usage rates per 1000 gallons shall be increased by 3% per year. 7 4. Fayetteville will conduct a comprehensive cost -of -service study periodically that will reset these sewer rates based on industry standards. Fayetteville shall cause the rate per 1,000 gallons for wastewater treatment services to be determined by an independent utility rate consulting firm with demonstrable expertise in water and wastewater utilities under a wholesale contractual agreement and in compliance with the rate methodology based in part or whole on the rate making standards promulgated by the American Water Works Association (AWWA), Water Environrnent Federation (WEF) or other authoritative organizations. All the wastewater flows from Elkins shall flow through a metering device provided at the pump station which pumps to the point of connection of the Elkins system to the Fayetteville system- C. IMPACT FEE IMPLEMENTATION OR CONTRACTUAL SURCHARGE Elkins and Fayetteville further agree that Elkins shall pay an additional $0.25/1,000 gallons of billed sewage, which began on January 1,2006, to fund Elkins' portion of future capacity enhancements to the Fayetteville collection and treatment facilities utilized by Elkins. Fayetteville and Elkins agree that this rate per thousand shall be evaluated concurrent with each comprehensive cost -of- service study as governed by Section J below. Fayetteville and Elkins further agree that Elkins shall assess, collect and remit to Fayetteville the cost of increasing capacity for the sewer lines necessary to serve Elkins as depicted in APPENDIX A and described in Section K. The capacity cost is to be calculated on the volume of contributed wastewater flow caused by the development under review. 2. Impact fees apply pursuant to Section 159.02 of the Fayetteville Unified Development Code. If the City of Fayetteville conducts another impact fee study then the contract may be amended to implement the new impact fees. 3. The payment for wastewater treatment shall be based on metered water purchases discounted by the formula described in APPENDIX B. Elkins and Fayetteville agree to use eighty-five per cent (85%) as the initial percentage. This initial percentage shall remain in effect until December 31, 2025 at which time the percentage may be adjusted to reflect adjusted wastewater flows as calculated by a registered engineer contracted by Elkins. Elkins and Fayetteville agree that the volume of wastewater received by Fayetteville at the 'Point of Connection" shall be measured by the wastewater meter installed at the upstream lift station. The Cities agree to base monthly billing on the percentage method unless the metering device readings detect any volume discrepancies greater than 10%for three consecutive months. Elkins and Fayetteville agree to use actual meter readings while the volume discrepancies are investigated. The use of the meter for billing purposes shall cease only upon mutual agreement between Elkins and Fayetteville. 4. Fayetteville shall provide the maintenance and any required replacement of the metering device, and Elkins shall have the right ofinspection of the metering device and "Point of Connection" at any reasonable time. Elkins shall have full and complete 3 access to the pump station at all times. The metering device shall be calibrated in compliance with the manufacturer's guidelines for accuracy once per year by Fayetteville. 5. A statement for sewer services shall be rendered by Fayetteville once each month, and shall be paid by Elkins in accordance with Fayetteville Code of Ordinances Chapter 51.141, as amended from time -to -time and incorporated herein as of September 14, 2019: Sewer Billing procedure: (A) Bills for sewer service shall be rendered monthly. Sewer bills are due and payable on or before the 20" day following the billing date stated on the sewer bills. Sewer bills notpaid on or before the due date shall be considered delinquent and an additional charge of 10% of the total bill shall be added, and ifany bill is notpaid within 30 days after the bill shall be due, suit may be brought to collect the amount due, together with the expenses of collection and a reasonable attorney'sfee. (B) In the case of the sewer customers outside the city limits, ifthe monthly service charges are notpaid within the prescribed time, sewer service to the customer will be discontinued in the same manner and subject to the same provisions as prescribed for discontinuance of service under 51.1 40(B). D. ELKINS RESPONSIBILITY FOR SEWER MAINTENANCE 1. Elkins shall have full responsibility for all maintenance and operations of Elkins' sanitary sewer system, including all parts thereof necessary to deliver the sanitary waste to the point of connection with the Fayetteville system in such a manner to be suitable for the treatment capabilities of the Fayetteville system. In such regard, Elkins agrees to comply with all reasonable requirements of Fayetteville. 2. Elkins agrees that Fayetteville will have the right to inspect the sanitary sewage system of Elkins at all reasonable times to assure Fayetteville that the construction, maintenance and operation of said sanitary sewer system in being carried out in a manner consistent with modern engineering and health practices. Fayetteville may inspect any taps onto the sanitary sewer system of Elkins at the time of installation of said taps, said inspection to be by a designated official of Fayetteville. Fayetteville will notify the Elkins Water and Sewer Department during normal business hours, of Fayetteville's intent to inspect portions of Elkins Wastewater Collection System. Fayetteville agrees to provide Elkins a copy of any written reports that result from the inspection(s). E. ELKINS' ADOPTION OF SEWER CODE REQUIREMENTS 1. Elkins designates Fayetteville, or its authorized representative, as the agent of Elkins for the purposes of implementation of Elkins' sewer use ordinance with industrial users connected to the Elkins system. Fayetteville, on behalf of and as an agent for Elkins will perform technical and administrative duties necessary to the implementation of Elkins' sewer use ordinance. When necessary, Fayetteville will: (1) update the industrial wastewater survey; (2) prepare discharge permits to all users required to obtain a 4 permit; (3) conduct inspections, sampling, and analysis; (4) recommend appropriate enforcement action as outlined in the enforcement response plan; and (5) perform any other technical or administrative duties the parties to this agreement deem appropriate. Fayetteville may, as an agent of Elkins take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination at the wastewater treatment plant. 2. Elkins and all sewer customers shall constantly comply with the ordinances, rules and regulations of Fayetteville (as to pretreatment requirements, prohibited substances, etc.), the U.S. Environmental Protection Agency, the Arkansas Department of Health, and the Arkansas Department of Environmental Quality governing public health and sewer operations and usage which may now exist or may hereinafter be promulgated. Failure or refusal of any customer to comply with such ordinances, rules or regulations will subject the customer to immediate discontinuance of water and sewer service and Fayetteville shall in no way be liable for any damages or expenses which may or may not result from such discontinuance_ Elkins shall also comply with the following terms and conditions: a. Elkins shall adopt within 6 months from the date of this Contract, a sewer use ordinance which is at least as stringent as Chapter 51, Article III — Discharge and Pretreatment Regulations of the Fayetteville City Code, including the local limits set out in § 51.075(D). Additionally, Elkins' sewer use ordinance shall be revised as necessary to reflect changes made to Fayetteville's sewer use ordinance and/or local limits. b. Elkins shall submit a revised user inventory to Fayetteville at least on an annual basis. c. Elkins shall provide Fayetteville with access to all information that Elkins obtains as part of its pretreatment activities. d. Elkins shall provide Fayetteville with access to the facilities of industrial users located within Elkin's jurisdiction for the purpose of inspection, sampling and any other duties deemed necessary by Fayetteville. The City of Fayetteville will provide the City of Elkins Fork prior notice. e. All costs incurred by Fayetteville, in the implementation of Elkins' pretreatment section of the sewer use ordinance on behalf of Elkins' (including labor, equipment, sampling, and analysis, etc.) shall be borne by the City of Elkins. In the event of a lawsuit relating to the implementation or enforcement of the pretreatment program in Elkins, all expenses incurred by Fayetteville in the defense of that lawsuit shall be paid by Elkins. The items for which Elkins shall be responsible shall include, but shall not be limited to the use of outside consultants, attorneys, or other professional expertise. f. Elkins has the primary responsibility for enforcing pretreatment standards within the 5 Elkins' jurisdiction and shall act upon the enforcement recommendations from the City of Fayetteville. In the event that the City of Elkins fails or is unable to enforce the pretreatment regulations, Fayetteville has the right to take action directly against noncompliant industrial users. g. No industrial user outside the limits of the City of Elkins shall be allowed to tie on to the Elkins sewer system. 3. REMEDIES: It is recognized by the parties that this agreement contemplates the treatment of wastewater delivered from businesses and residences in and around Elkins and the cessation of the delivery of this service would have the potential to create public health and environmental problems_ If either parry to this agreement concludes that there is a breach of any terms of this contract, that party shall notify the other parry by electronic mail and certified mail of the breach. After notification, the party in breach shall remedy the breach within thirty (30) days of receipt of the notice of breach. If the party claiming breach is not satisfied that the breach has been cured, then that party may pursue specific enforcement of the terms of this agreement through the Circuit Courts of Washington County, Arkansas. Prior to the filing of any action in the Circuit Courts, the parties should attempt to mediate any claims before a mutually agreeable mediator, the cost of which shall be shared equally by the parties to this agreement. A decision reached in circuit court or in mediation will in no way limit Fayetteville's or Elkins' power to enforce requirements directly against industrial users located in Elkins, nor will it preclude Fayetteville or Elkins from seeking other remedies including, but not limited to, specific performance. a. Take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination. b. Elkins shall provide Fayetteville with access to all information that Elkins obtains as part of its pretreatment activities. F. REPORTING DEVELOPMENT APPROVALS 1. Elkins agrees to provide to Fayetteville, on an annual basis, all development approval grants by the Elkins Planning Commission and/or Elkins City Council. G. TERM OF CONTRACT 1. Fayetteville and Elkins agree that the term of this contract shall be for a period of fifteen (15) years from the date of this agreement and can be renewed pursuant to (H). 0 H. CONTRACT RENEWAL 1. Either party shall have the option to renew this contract upon terms and conditions as may be negotiated and agreed to by Fayetteville and Elkins by giving not less than twelve (12) months of notice in advance of the termination date of this contract. I. EFFECTIVE DATE This contract shall become effective and enforceable on the date this agreement is signed by the Mayors of both cities after proper City Council Resolution or Ordinance authorizing such execution. J. SEWER RATE SCHEDULE ADJUSTMENT The rate schedule established herein is subject to adjustment by Fayetteville every four (4) years during this contract upon thirty (30) days written notice to Elkins that Fayetteville intends to conduct a comprehensive rate study. K. POINT OF CONNECTION The 'Point of Connection" shall be at the end of Fayetteville's 10-inch gravity sewer line in Lewis Woods Lane in the Baldwin Community as depicted in APPENDIX A. L. HOLD HARMLESS 1. Elkins covenants and agrees that it will defend and hold harmless against and indemnify said City of Fayetteville, Arkansas, for any judgment which might be obtained against them by reason of any negligent act on the part of Elkins in the operations, maintenance and construction ofElkins' sewage collection facilities within Elkins' service area. This provision does not waive either City's statutory sovereign immunity. Fayetteville shall not be responsible for damages resulting from acts of God, acts of war, insurrections, or rebellions, acts of public enemy, acts of any unauthorized persons, firms, or corporations, or acts of Elkins', its agents or employees. M. CONTRACT BINDING ON SUCCESSORS 1. This contract shall be binding upon the parties hereto, their successors and assigns. In the event of any occurrence rendering Elkins incapable of performing under this contract, any successor of Elkins, whether by result of legal process, assignment, or otherwise shall succeed to the rights of Elkins under this contract. N. NO FRANCHISE OR OTHER FEE OR TAX TO BE LEVIED 1. Elkins will not during the period of this contract or any renewal thereof, levy any franchise tax, occupation tax, or any other tax or fee of any form whatsoever, by 7 Q P. whatever name it may be called, upon Fayetteville, or the services rendered by Fayetteville pursuant to this contract without consent of all the parties. TERMINATION This agreement may be terminated by either parry upon amaterial or substantial breach by the other of any of the covenants or agreements contained herein, and the failure of the parry in breach to remedy such breach within six (6) months after receipt of written notice of the existence of such breach. Either parry will have the right to utilize a mediation process if they disagree with a proposed breach. Elkins reserves the right to re -negotiate or terminate this contract if it is advantageous for the Elkins to pursue a different type of sewage treatment process, subject to advance notification of at least two years. NOTICE 1. The written notices provided for herein shall be sufficient if sent by certified mail, return receipt requested, postage prepaid, to the Mayor of the City of Fayetteville, 113 West Mountain Street, Fayetteville, Arkansas, 72701, or the Mayor of the City of Elkins, 1874 Stokenbury Road, Elkins, Arkansas, 72727, but not limited thereto. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE AND IN WITNESS WITEREOF, The Mayor and City Clerk of the City of Fayetteville, Arkansas, by authority of a Resolution adopted by the City Council ofthe City of Fayetteville, and the Mayor and City Recorder of the City of Elkins, Arkansas, by authority of a Resolution adopted by the City Council ofthe City ofEikins, have hereunto set their hand and caused the corporation seal to be affixed and dated this day of , 2021. CITY OF ELKINS, ARKANSAS 4 i ' �� Mayor ATTEST: By: ELIA FOS "IC Clerk CITY OF FAYETTEVILLE, ARKANSAS �: LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 7, 2021 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Peter Nierengarten, Environmental Director Jeff Coles, Recycling and Trash Collections Director FROM: Shannon Newman, Financial Analyst - Recycling and Trash Collections DATE: July 27, 2021 SUBJECT: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Arkansas Waste Solutions to haul and dispose of solid waste in the City of Fayetteville RECOMMENDATION: Staff recommends City Council approval of a resolution with Arkansas Waste Solutions for the hauling and disposal of solid waste in the City of Fayetteville. BACKGROUND: City Code 50.29 - Private Collectors; Contract With City Required No person, except a duly authorized agent or employee of the city, shall empty garbage or trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the city, without a written contract with the city. (Code 1965, §10-46; Ord. No. 1194, 4-6-59; Code 1991, §50.29) In accordance with this City Code, Arkansas Waste Solutions has submitted a request for contract to haul solid waste within the city limits of Fayetteville. There are currently 10 approved franchise haulers operating in the city of Fayetteville. Attached is a list of these haulers and the materials they are approved to haul. DISCUSSION: The hauling contract will permit Arkansas Waste Solutions to collect and haul Class 1 and Class 4 solid waste using open -top roll -off style containers with capacities of 20 cubic yards or greater, or roll -off style compactors with capacities of 20 cubic yards or greater. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. The agreement requires Arkansas Waste Solutions to pay a monthly fee to the City of Fayetteville of 10% of the gross revenue received for providing solid waste hauling services. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The term of the agreement will be 2 years with automatic renewals for 2 additional 2-year terms. Staff proposes approval for Arkansas Waste Solutions to haul and dispose of solid waste within the City of Fayetteville per the terms of the attached agreement. BUDGET/STAFF IMPACT: None Attachments: Arkansas Waste Solutions Letter of Request Franchise Haulers Arkansas Waste Solutions Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville f� Y <AR�A*NSASWASOLUTIONS June 191", 2021 City Attorney Attn: Blake Pennington 113 West Mountain St. Fayetteville, AR 72701 Fayetteville City Attorney Mr. Pennington, Your Go -To Neighbor For Low Cost, Reliable Dumpster Rentals & Waste Solutions (479) 222-0522 Rubbish Removal & Roll -Off Rentals LLC Arkansas Waste Solutions P.O. Box 101 West Fork, AR 72959 This letter is to formally request Franchise Hauler status for Rubbish Removal & Roll -Off Rentals, who is Doing Business As Arkansas Waste Solutions, for the City of Fayetteville, Arkansas. Arkansas Waste Solutions is a locally owned and operated resource for roll -off dumpster rentals and waste hauling services, as well as for -hire waste cleanup in the Northwest Arkansas region. After extensive market research it has come to my attention that the citizens of Fayetteville would greatly benefit by having Arkansas Waste Solutions as an option for roll -off dumpster rental services and for hire waste cleanup. Arkansas Waste Solutions offers very affordable dumpster rental prices along with very short wait times for their services. I want to thank you very much for your time and I look forward to serving our beautiful city of Fayetteville with safe, professional, and modern waste solutions. Respectfully, Brent M. 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D 3. D D3Q D'Q 3. 3. � 3. V�1 N Q N Q N Q N Q N D) N 1%i Q N Q O O 0 O O Q Q O O O W AGREEMENT TO HAUL AND (DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2021, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Arkansas avast Solutions(the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: 1. The term of this Agreement shall be for two (2) years, with automatic renewals for two (2) additional two (2) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non -renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year and any subsequent extensions shall be for terms of no more than one (1) year. No customer service Agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul Class 1 and Class 4 Solid Waste and/or Reyyclables using the type equipment commonly referred to as open -top roll -off style containers with capacities of twenty (20) cubic yards or greater, or roll -off style compactor containers with capacities of twenty (20) cubic yards or greater, containing waste generated from industrial, large commercial or construction/demolition activities, or which is classified as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in other containers. No unseparated recyclables, with the exception of construction/demolition waste, shall be hauled from any customer within the corporate limits of the City of Fayetteville. 4. In consideration of the right to provide the hauling of solid waste and/or recyclables described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of- ten (10%) percent (the "Solid Waste Fee") of the gross revenue received for providing solid waste hauling services and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables or construction/demolition waste to a permitted construction and demolition waste sorting facility. Any construction/demolition waste that is not hauled to and accepted by a permitted construction and demolition waste sorting facility or any recyclables not accepted by a recycling facility or recycling broker shall be subject to the 10% Solid Waste Fee. 5. Hauler agrees and understands that it shall deliver all Class 1 waste to a properly licensed landfill facility and all Class 4 waste to a properly licensed landfill facility or a properly licensed construction and demolition waste sorting facility. Hauler shall pay all tip fees to the construction and demolition waste sorting facility operator, transfer station fees to the transfer station operator and all landfill fees to the landfill operator, as they may be established and amended, from time to time. 6. Hauler shall pay all fees due hereunder, along with submitting "Attachment A: Solid Waste Documentation", or page 1 of Attachment A in conjunction with an agreed upon vendor generated report, on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler Page 1 of 6 fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the fees remitted; (ii) a list of payments received from customers within the City; (iii) such list shall clearly indicate whether each payment was from a permanent or temporary customer, and (iv) the fee shall be based upon all activity from each customer account within the City, and shall include the normal billing charges for all free or discounted services (including those for non-profit organizations) including but not limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 7. Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation", on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) volumes of recycling collected, in tons, by commodity, with disposition by destination market, for all recycling; (ii) volumes of construction and demolition waste delivered to permitted construction and demolition waste sorting facility and percentage of material recovered. With payment remittance, the City will review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City Recycling and Trash Collection staff. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. If such audit reveals the Hauler should have paid at least 5% more than reported, the cost of the audit shall be paid by the Hauler to the City. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." This information will only be reviewed by City financial staff, and will not be made available to City solid waste staff. 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non-disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines Page 2 of 6 that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30ts on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required in the Agreement. 11. Hauler agrees and understands that it shall provide by June 30' on an annual basis: (i) a list of vehicle operators collecting and hauling waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. 12. Hauler agrees that it shall provide by June 30h on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, environmental and transportation matters related to providing solid waste collection services under this Agreement. Hauler agrees that all open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are safe and well -maintained and that all containers are well -maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Environmental Director. The Point of Contact for the Hauler shall be Brent M. Wells . Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. Page 3 of 6 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement: a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. c) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LD41TS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence 21. Termination: a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (30) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. Page 4 of 6 b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. c) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Environmental Director 113 West Mountain Street Fayetteville, AR 72701 Arkansas Waste Solutions Attn: Brent M. Wells 10040 Devils Den Rd Winslow. AR 72959 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non- exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in Page 5 of 6 applicable law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE LIONELD JORDAN, Mayor ATTEST: LI-A KARA PAXTON, City Clerk Arkansas Waste Solutions By: h►%GkG- NAME, Title Brent M. Wells, Owner WITNESS: By: Page 6 of 6 Attachment A: Solid Waste Documentation Required Supporting Information For Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Mauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. For each account identified above, please complete the attached form showing your unique account identifier which is blind to the City, the account type, the total number of containers with that account, the total number of pulls with that account, and the monthly revenues collected by container for that account. (A form is required for each customer account identified in item #1 and item #2. The container total from all the forms should equal the container total specified in item #3.) 5. The forms completed for item #4 above should include all normal billing charges for free, donated, or discounted services. These normal billing charges should include but not be limited to delivery, pull charges, disposal charges, transportation charges, final pull charges, and return charges. Only donated or discounted services to non-profit organizations may be excluded. 6. Total fee remitted to the City of Fayetteville for the month reported. (This should equal the total of all the account fees calculated on the attached forms.) I swear or affirm that all of the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Title Signature Phone # Date Customer Account Identifier (use your unique identifier that is blind to the City) Customer Account Type (permanent or temporary) Total containers with account Total number of pulls with account Container # Month Revenues 1 2 3 4 5 6 7 8 9 1© Total: Donated or Discounted Normal Container # Silting Chare 1 2 3 4 5 Total: Grand Total: 10% of Grand Total: Fee to be remitted to City for this account Attachment B: Recycling Documentation Required Supporting Information for Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 100/6 penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. Please complete the attached form to show by commodity the volume, in tons, collected with disposition by destination market for the month reported. 5. Please show the monthly revenues collected by account type: Total monthly revenue collected from permanent customer accounts $ Total monthly revenue collected from temporary customer accounts $ Total monthly revenue collected 5% of total monthly revenue collected 6. Total fee remitted to the City of Fayetteville for the month reported. I swear or affirm that all the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Title Signature Phone # Date Hauler: Month: Commodity I Tons Collected I Destination Market I CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 7, 2021 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Peter Nierengarten, Environmental Director Jeff Coles, Recycling and Trash Collections Director FROM: Shannon Newman, Financial Analyst - Recycling and Trash Collections DATE: July 27, 2021 SUBJECT: A resolution to approve an agreement between the City of Fayetteville, Arkansas and Ozark Compost & Swap, LLC to haul and dispose of organic compostables and recyclable material in the City of Fayetteville RECOMMENDATION: Staff recommends City Council approval of a resolution with Ozark Compost & Swap, LLC, for the hauling and disposal of organic compostables and recyclable material in the City of Fayetteville. BACKGROUND: City Code 50.29 - Private Collectors; Contract With City Required No person, except a duly authorized agent or employee of the city, shall empty garbage or trash receptacles, or convey or transport garbage or trash on the streets or public thoroughfares of the city, without a written contract with the city. (Code 1965, §10-46; Ord. No. 1194, 4-6-59; Code 1991, §50.29) In accordance with this City Code, Ozark Compost & Swap has submitted a request for contract to haul solid waste within the city limits of Fayetteville. There are currently 10 approved franchise haulers operating in the city of Fayetteville. Attached is a list of these haulers and the materials they are approved to haul. DISCUSSION: The hauling contract will permit Ozark Compost & Swap, LLC to collect and haul organic waste for composting and recyclable materials. Hauler may collect organic waste and recyclable materials from residential, commercial and industrial activities. Hauler is not authorized to collect of haul any other type of solid waste. The agreement requires Ozark Compost & Swap to pay a monthly fee to the City of Fayetteville of 5% of the gross revenue received for providing organic waste hauling services and 5% of the gross revenue received for providing the hauling of recyclables. The term of the agreement will be 1 year with automatic renewals for 2 additional 1-year terms. Staff proposes approval for Ozark Compost & Swap, LLC to haul and dispose of organic compostables and recyclable material within the City of Fayetteville per the terms of the attached agreement. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: None Attachments: Ozark Compost & Swap Letter of Request Franchise Haulers Ozark Compost & Swap, LLC Agreement to Haul and Dispose of Organic Compostables and Recyclable Materials in the City of Fayetteville To: The City of Fayetteville Ozark Compost & Swap, LLC is requesting to become a Franchise Hauler for the City of Fayetteville as a residential compost pickup service. Ozark Compost & Swap's service are to include pickup of residential food waste and other approved compostable items. Our intentions are to support the City of Fayetteville's' goals in diverting food waste from the landfills. Along with residential compost pickup our swap program is designed to provide refillable household products in order to eliminate plastic wastes often associated with day-to- day household products. We also look to promote local businesses who provide eco-friendly and sustainable products by providing samples to our customers. Our belief is that providing simple solutions to the community can drive large impacts for the overall environment. We look forward to working with the City of Fayetteville in committing to a stronger and healthier community. Ricky Ludeman Ozark Compost & Swap, LLC G C0 Q 2 T T m n D N N m O O O O n O rD D rp' 0 n O_ rD < 0- 0- < L, Q 1 ° v (D (DG w r 00 N v c 3 v �_ cOi D < "a n rD (D = o n p N N rD N v rD w r3D O r+ O n n rD3 O N O °' n fD r D N � - N n 3 r 0 -a 0 R o O D AD = O p m v0 :00 _0 O 3 o m a v � x � N � 3 v ° o m v ro C: 3 W CD D o N A to A m T A r w 7 rD DOQ rD in 7 DOQ rD '< OOO rD DOQ rD rr rD N D Q v D (D < D D o '^ m °3 = rD D D o D D (D N N O A O rrDD N 3 O NO rD N O '� r �. O N w w = O �' O G1 rD n o rD < = rD < rD < N \ rD N 2 00 3 n n O s (D n n d D D D D D V D D D V D D O 'O N O N 'O W-D O 'O N \ 'O \ 'O O \ 'O \ 'O \ 'O \ 'O N 'O W O< O< V O< V O< \ O< \ V O< V O< N I--` I\-' I\-` < I\-' F\-` l0 O < I\-' F\-` < I\-' d 00 M O_ tD rD 2 00 (D G_ lD rD O_ 'D (D O_ rD Q rD Q tD rD Q 00 (D Q tD rD Q N O N O \ \ V A \ \ N x \ NJ \ \ NJ 14 F4 \ \ \ \ \ (D N O O O O O O O O O O A PQ w A NJ w N L N w uNi A VNi T = flJ N N T = D) fD T = N rD T = D) fD T = N rD N m n O- W O n O W O T fD =- N W rD = T = W D fD '< rD '< rD '< fD '< rD '< Dp rD 3 p) < Dq rD 3 N- - 'T 7 rD OrQ - rf 7 rD D) M - 7 !D O GQ - rf 7 rD N I - 7 !D flr GQ rD ON ry N ON �j 7 fD D) 04 7 N flr OC rf 7 fD N a = = = fD 7 = rD = = rD 3 = = 7 � = rD 3 = rD 7 - ID7 rD 3 fl_ 3 fD 3 Q N 3 fl_ fD 3 Q N 3 fl_ rD DQ h N DQ N rD 3 Q N 3 fl_ fD 3 Q v Q rT O 2 - v Q - O 2 - w a - r2 N -• -• N N O_ v O_ N O_ CD � rD N rD � rD N N rD 0 S O S O 7 F. fD u; fD 0 N fD -0 -y O Di O -y O Di O O O_ O_ N O v O pj O �< N rD S; :E N N N O O O O O rD n rD n O -• O O ET 3 O O 3 O S fl_ S Q S fl_ S Q S fl_ 6 S CD S Q S Q- S Q CD rD CD rD CD3 N 3 rD CD rD 3. 3. � 3. � 3. D 3. D D3Q D'Q 3. 3. � 3. V�1 N Q N Q N Q N Q N D) N 1%i Q N Q O O 0 O O Q Q O O O W AGREEMENT TO HAUL AND DISPOSE OF ORGANIC COMPOSTABLES AND RECYCLABLE MATERIALS IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this day of 2021, between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Ozark Compost & Swap, LLC (the "Hauler"), and shall be in full force and effect on the date first written above, City and Hauler agree as follows: 1. The term of this Agreement shall be for one (1) year with automatic renewals for two (2) additional one (1) year terms, unless otherwise terminated pursuant to the terms hereof. Notice of non - renewal by either City or Hauler shall be given at least thirty days prior to the end of the current term. 2. Hauler agrees that from and after the original date of this Agreement, all customer service Agreements for facilities within the corporate limits of the City, excluding residential areas, entered into before or after the effective date of this Agreement, or renewed shall have terms of no more than one (1) year from the date of execution of this Agreement. No customer service agreement shall extend the terms of this Agreement. 3. Hauler agrees and understands that it may only collect and haul organic waste for composting and recyclable materials. Hauler may collect organic waste and recyclable materials from residential, commercial and industrial activities. Hauler is not authorized to collect or haul any other type of solid waste. 4. In consideration of the right to provide the hauling of organic waste and recyclable materials described in Item #3 above, Hauler agrees and understands that it shall be required to pay a monthly fee of five (5%) percent (the "Organic Waste Fee") of the gross revenue received for providing the hauling of compostable organic waste and five (5%) percent (the "Recycling Fee") of the gross revenue received for providing the hauling of recyclables. 5. As additional consideration for the right to provide the hauling of compostable organic waste as described in Item #3 above, Hauler agrees and understands that it shall be required to haul all organic waste collected in the City of Fayetteville to the Fayetteville Recycling and Trash Collection Facility for composting, which shall be counted toward City's waste diversion goals. 6. If Hauler collects compostable organic waste materials, Hauler shall pay all fees due hereunder for compostable organic waste materials hauled, along with submitting "Attachment A: Organic Waste Documentation", on or before the 151h of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the volume of compostable organic waste collected, in tons. With payment remittance, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts ("Confidential Page 1 of 6 Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." 7. If Hauler collects recyclable materials, Hauler shall pay all fees due hereunder, along with submitting "Attachment B: Recycling Documentation," on or before the 151h of each calendar month for the immediately preceding calendar month. Payments of fees received after the due date shall be assessed a 10% penalty per month. If Hauler fails to pay the fees within forty-five (45) days of the due date, the City may terminate this Agreement upon delivery of one (1) written notice to the Hauler. The supporting information shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include volumes of recycling collected, in tons, by commodity, with disposition by destination market. If recyclables are deposited at one of the City recycling drop- off facilities or in another City contracted container, then this reporting is not required. With payment remittance, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, other customer information, and contracts with recyclers and processing mills ("Confidential Information"). The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." Any Hauler found providing services for non -source separated recyclables without prior approval by the City shall be subject to a fee of $500.00. 8. The City shall have the right to conduct an audit of Hauler's customer files and records for all customers located within the City, provided that such audit privilege shall be limited to once per calendar quarter. During such audit, the City may review and obtain certain trade secret information, including rates, frequency of service, customer lists, and other customer information ("Confidential Information"). This information shall not be divulged to any third party by the City, its employees, officers, or elected officials without the express written consent of the Hauler, or as otherwise required by law. The City asserts this information is exempt from disclosure under the Arkansas Freedom of Information Act as the information meets the exemption for records that "if disclosed would give advantage to competitors." 9. The City will advise Hauler of any request for information which the City, at the City's sole discretion, determines to be non-disclosable or otherwise subject to an exemption from disclosure under the Arkansas Freedom of Information Act. If a court of competent jurisdiction determines that said requested information is disclosable or otherwise is not exempt from disclosure under the Arkansas Freedom of Information Act, the City will comply with said finding and notify Hauler. Discovery requests made to the City during the course of any litigation, or any other subpoena or court order issued to the City for information or records related to Hauler and this Agreement, shall be promptly made known to Hauler. 10. Hauler agrees and understands that it shall submit to the City by June 30th on an annual basis: (i) a list of all commercial vehicles used to provide services in the City; (ii) proof of appropriate vehicle registration; (iii) and proof of the insurance required by this Agreement. 11. Hauler agrees and understands that it shall provide by June 30th on an annual basis: (i) a list of vehicle operators collecting and hauling compostable organic waste in the City of Fayetteville; (ii) proof of their valid and appropriate commercial drivers' licenses; (iii) and the provision, maintenance, and implementation of a plan to ensure that the vehicle operators maintain their commercial driver's licenses in accordance with applicable federal and state laws. Page 2 of 6 12. Hauler agrees that it shall provide by June 30th on an annual basis copies of valid and current hauling and disposal permits from the Arkansas Department of Environmental Quality, the Solid Waste District with jurisdiction, and any local permitting agency, as required by state or local law. 13. Hauler agrees that it shall comply with all federal, state and local laws applicable to the safety, environmental and transportation matters related to providing collection services under this Agreement. Hauler agrees that all open -top roll -off style containers will be properly covered during transit on streets and highways within Fayetteville. 14. The City reserves the right to inspect all vehicles and containers to ensure that the vehicles are safe and well -maintained and that all containers are well -maintained and water tight, if necessary. 15. If Hauler utilizes the City's transfer station, Hauler agrees and understands that it shall be required to establish an individual credit or service relationship with the City of Fayetteville transfer station operator. Hauler agrees that it shall comply with all practices, policies and procedures as established by the transfer station operator from time to time. Any tipping fee deposits required by the transfer station shall be refunded, less any unpaid tipping fees, when the Hauler ceases hauling activities governed by this Agreement. 16. This Agreement has been entered into freely and voluntarily by Hauler which agrees to abide by all of the terms and conditions as a matter of contractual obligation pursuant to applicable City ordinances. This is a contractual Agreement and is not intended to be part of or relate in any way to any license or ordinance created pursuant to A.C.A. §26-77-102. 17. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third part or affiliate. 18. For the purpose of this contract, the Point of Contact for the City of Fayetteville shall be the City's Director of Sustainability. The Point of Contact for the Hauler shall be Ricky Ludeman Communications pertaining to day-to-day aspects of this contract shall be through these individuals. Either party may change its designated Point of Contact upon ten (10) days prior written notice to the other party. 19. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials, officers, employees, agents, subcontractors, representatives and assigns from any loss, claim, liability, penalty, fine, forfeiture, demand cause of action, suit and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition, covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or omission or willful misconduct related to the delivery of waste to the City transfer station or a properly licensed landfill facility. Page 3 of 6 20. Insurance: Hauler shall maintain the following insurance coverage during the term of this Agreement: a) Hauler shall provide and maintain, during the term of this Agreement, comprehensive general liability insurance, to protect against all claims arising out of the performance of its services hereunder that result in bodily injury, death or property damage. The policy or policies shall contain a clause that the insurer will not cancel or decrease the insurance coverage without first giving the City sixty (60) days notice in writing. b) Upon written request, Hauler shall furnish the City with evidence that the insurance required of it is in force. c) City will be added as an additional insured on General Liability and Auto Liability policies. d) The types of coverage and limits of liability of all insurance required herein shall be a follows: COVERAGE LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate Automobile Bodily Injury $1,000,000 each person Comprehensive General Liability $1,000,000 each occurrence Automobile Property Damage Liability $1,000,000 each occurrence Excess Umbrella Liability $1,000,000 each occurrence 21. Termination: a) Except as otherwise provided herein, if Hauler breaches this Agreement or defaults in the performance of any of the requirement or conditions contained herein, and such breach continues for fifteen (15) days after the City has given the Hauler written notice of such breach or default, the City may: (i) terminate this Agreement no sooner than thirty (30) days after the date of written notice of such breach or default; (ii) cure the breach or default at the expense of the Hauler; and/or (iii) exercise any right or remedy to which it may be entitled by law. b) The City may terminate this Agreement upon written notice to the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any involuntary proceeding of that nature admitting the material allegations of the petition, or if a proceeding in bankruptcy, receivership or insolvency shall be instituted and such proceeding is not dismissed within sixty (60) days. Page 4 of 6 c) In the event that this Agreement is terminated for any reason, any amounts payable to the City by Hauler for services rendered for any reason whatsoever shall become immediately due and payable as of the date of such termination. 22. All notices required or permitted under this contract shall be submitted in writing to the other party of this contract by electronic mail, return receipt requested, and by U.S. Mail, which notice shall be effective three (3) days after deposit therein addressed to the following: City of Fayetteville Ricky Ludeman Sustainability Director 1 East Center St 113 West Mountain Street Ste #330 Unite #521 Fayetteville, AR 72701 Fayetteville, AR 72701 23. Hauler agrees and understands that this Agreement and documents submitted to the City pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville requesting such non-exempt documents, such non- exempt documents shall be provided in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (Ark. Code Ann. § 25-19-101 et seq.). Only legally authorized photocopying costs may be assessed for this compliance. 24. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ Reg. No. 22. 25. A waiver by either party of any of the terms or conditions herein shall be limited to that particular instance, and shall not be construed as a general waiver of either party's right to seek appropriate remedies for any other breaches by either party. 26. Each paragraph of the Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 27. This contract constitutes the entire understanding of the parties and no Notification or variation of the terms of this contract shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville and the Hauler. 28. Each of the undersigned warrants that he or she has the full right, power, and authority to execute this contract on behalf of the party indicated for the purposes herein contained. 29. To the extent a definition or a specific term is not provided herein but is nonetheless required by the context, it is the intention of the parties to incorporate herein the definitions contained in applicable law and regulation in effect as the date hereof, except to the extent subsequent law or regulation shall expressly or implicitly mandate a revised definition. 30. The obligations of the parties to this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, shall survive the termination (for any reason), cancellation or expiration of this Agreement. Page 5 of 6 IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE :A LIONELD JORDAN, Mayor ATTEST: KARA PAXTON, City Clerk Ozark Compost & Swap, LLC By: Ricky Ludeman , Owner WITNESS: By: Page 6 of 6 Attachment A: Organic Compostable Documentation Required Supporting Information for Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. Please give the total volume of compostable organic waste collected, in tons, for the month reported. 5. Please show the monthly revenues collected by account type: Total monthly revenue collected from permanent customer accounts $ Total monthly revenue collected from temporary customer accounts Total monthly revenue collected $ 5% of total monthly revenue collected $ 6. Total fee remitted to the City of Fayetteville for the month reported. I swear or affirm that all the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Attachment B: Recycling Documentation Required Supporting Information for Monthly Payment of Fees Due on or before the 15th of each calendar month for the immediately preceding calendar month. Payments of the fees received after the due date shall be assessed a 10% penalty per month. Hauler: Month: 1. Please give the number of permanent customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 2. Please give the number of temporary customer accounts you have within the corporate limits of the City of Fayetteville for the month reported. 3. Please give the total number of containers placed with all your customer accounts within the corporate limits of the City of Fayetteville for the month reported. 4. Please complete the attached form to show by commodity the volume, in tons, collected with disposition by destination market for the month reported. 5. Please show the monthly revenues collected by account type: Total monthly revenue collected from permanent customer accounts $ Total monthly revenue collected from temporary customer accounts Total monthly revenue collected $ 5% of total monthly revenue collected $ 6. Total fee remitted to the City of Fayetteville for the month reported. I swear or affirm that all the information provided above and on all attached forms is true, correct, and complete to the best of my knowledge and belief. Printed Name Signature Title Phone # Date Hauler: Month: Commodity Tons Collected Destination Market E- JACK TYLER ENGINEERING, INCORPORATED 6112 PATTERSON AVENUE, LITTLE ROCK, ARKANSAS 72209 501-562-2296 FAX (501) 562-4273 TOLL FREE (800) 562-2296 INSPECTION REPORT July 29, 2021 The following is a detailed breakdown report for a Flygt 45HP pump from the City of Fayetteville. Model: 3202.180-5630 S/N:S1040112 Power Cable Condition................................................DAMAGED/FLOODED Drive End Bearing Condition.......................................DAMAGED Opposite End Bearing Condition.................................DAMAGED Upper Seal Condition ..................................................DAMAGED Lower Seal Condition ..................................................DAMAGED Rotor/shaft Condition .................................................DAMAGED, MACHINING REQUIRED Volute Condition.........................................................ACCEPTABLE Motor/Stator Condition ..............................................DAMAGED, GROUNDED Top Bearing Fit to Motor Housing...............................ACCEPTABLE Impeller Condition/Clearances....................................ACCEPTABLE Insert Condition...........................................................ACCEPTABLE Wear Ring Condition ....................................................ACCEPTABLE Comments: During the inspection our technician discovered that the stator is grounded and will require a replacement. Seal failure has occurred causing shaft damage. Stator housing has been flooded exposing bearings to water. Additionally the electrical components have suffered damage and will require a replacement. We strongly recommend replacement of the following parts to ensure this pump will operate efficiently. JACK TYLER ENGINEERING OFFERS A 12-MONTH WARRANTY ON ALL PUMP REPAIRS Figure 1. Image of terminal block Figure 2. Image of pump memory - VF P1 I -q Figure 3. Image of shaft Figure 4. Image of rotor & stator Page: 1 Quote Jack Tyler Engineering, Incorporated ,+ ' � 6112 Patterson Road Little Rock, AR 72209-2430 4�b (501) 562-2296 Phone drpo (501) 562-4273 Fax Sold To: Fayetteville, City Of Accounts Payable 113 West Mountain Fayetteville, AR 72701 Confirm To: MICHAEL SPOHN..479.236.2733 Order Number: 0134661 Order Date: 7/27/2021 Quoted By: CBOHNER Entered by: chrisb Salesperson: S016 Customer Number: 0000264 Customer Fax: (479) 575-8273 Ship To: City of Fayetteville Lift Station #52 N Broyles Rd & W Persimmon St 36.0771510,-94.230855 Fayetteville, AR 72704 Customer P.O. Ship VIA JTE DELIVERY Freight PREPAID F.O.B. Terms Net 15 Item Number Unit Ordered Shipped Back Order Price Amount PUMP REPAIR FLYGT PUMP MODEL 3202.180-5630 S/N: S1040112 NORMAL LEAD TIME FOR REPAIR 10-12 WEEKS, ARO /REPAIR EACH 1.00 0.00 0.00 21,409.37 21,409.37 Repair 0000006571703 EACH 1.00 0.00 1.00 0.00 0.00 Kit,Repair Basic 3202.180 Whse: 001 0000000942109 FT 55.00 0.00 55.00 0.00 0.00 Cable,Subcab Awg 6/3-2-1-Gc Whse: 001 0000000941920 EACH 55.00 0.00 55.00 0.00 0.00 Cable, Subcab 12X1.5 19.7Mm158 Whse: 001 0000006477601X EACH 1.00 0.00 1.00 0.00 0.00 REWIND, STATOR 30-23-6A 440-46OVD Whse: 001 0000006505100 EACH 1.00 0.00 0.00 0.00 0.00 Cable Unit Whse: 001 0000006630400 EACH 1.00 0.00 0.00 0.00 0.00 Sensor,Level Fls-10 Whse: 001 0000006674001 EACH 2.00 0.00 2.00 0.00 0.00 Sticker,Flygt 280X70 Blue Whse: 001 0000008004501 EACH 1.00 0.00 1.00 0.00 0.00 LEAD -THROUGH UNIT Whse: 001 Continued Page: 2 Quote Jack Tyler Engineering, Incorporated ,+ ' � 6112 Patterson Road Little Rock, AR 72209-2430 4�b (501) 562-2296 Phone drpo (501) 562-4273 Fax Sold To: Fayetteville, City Of Accounts Payable 113 West Mountain Fayetteville, AR 72701 Confirm To: MICHAEL SPOHN..479.236.2733 Order Number: 0134661 Order Date: 7/27/2021 Quoted By: CBOHNER Entered by: chrisb Salesperson: S016 Customer Number: 0000264 Customer Fax: (479) 575-8273 Ship To: City of Fayetteville Lift Station #52 N Broyles Rd & W Persimmon St 36.0771510,-94.230855 Fayetteville, AR 72704 Customer P.O. Ship VIA Freight F.O.B. Terms JTE DELIVERY PREPAID Net 15 Item Number Unit Ordered Shipped Back Order Price Amount 0000006079302 EACH COOLING JACKET, STEEL 0000008091300 EACH Diffuser, Flow, Steel Coated 0000000841805 EACH Grommet 32Mm Id 52Mm Od27L Nbr 0000000841794 EACH Grommet 21 Id 350d 26L Nbr 0000005188902 EACH Detector,Leak Unit Fls 0000000839797 EACH TEMP SENSOR, PT100 0000000840090 EACH Pump Memory 0000006658600 EACH Detector Unit Pt-100 4.5Mm 0000006083100 EACH Washer,Lock S.S. DOWCAL 200 30% GAL Glycol 30/70 Coolant 1.00 0.00 1.00 0.00 0.00 Whse: 001 1.00 0.00 1.00 0.00 0.00 Whse: 001 2.00 0.00 0.00 0.00 0.00 Whse: 001 1.00 0.00 0.00 0.00 0.00 Whse: 001 1.00 0.00 0.00 0.00 0.00 Whse: 001 1.00 0.00 1.00 0.00 0.00 Whse: 001 1.00 0.00 1.00 0.00 0.00 Whse: 001 1.00 0.00 0.00 0.00 0.00 Whse: 001 1.00 0.00 1.00 0.00 0.00 Whse: 001 2.00 0.00 0.00 0.00 0.00 Continued Page: 3 Quote Jack Tyler Engineering, Incorporated ,+ ' � 6112 Patterson Road Little Rock, AR 72209-2430 4�b (501) 562-2296 Phone drpo (501) 562-4273 Fax Sold To: Fayetteville, City Of Accounts Payable 113 West Mountain Fayetteville, AR 72701 Confirm To: MICHAEL SPOHN..479.236.2733 Order Number: 0134661 Order Date: 7/27/2021 Quoted By: CBOHNER Entered by: chrisb Salesperson: S016 Customer Number: 0000264 Customer Fax: (479) 575-8273 Ship To: City of Fayetteville Lift Station #52 N Broyles Rd & W Persimmon St 36.0771510,-94.230855 Fayetteville, AR 72704 Customer P.O. Ship VIA Freight F.O.B. Terms JTE DELIVERY PREPAID Net 15 Item Number Unit Ordered Shipped Back Order Price Amount /LABOR Service Labor /BOV MACHINING SHAFT WORK, SEAL SEAT /SHOP SUPPLIES Misc Shop Supplies /FREIGHT Freight, Shipping & Handling H R 16.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 EA 1.00 0.00 0.00 0.00 0.00 Net Order: 21,409.37 Sales Tax IS NOT included in quoted price Thank you for the opportunity to quote on your requirements. If you have any questions, please do not hesitate to contact us. NOTE: This quotation expires 30 days from above date unless noted. Nev En_&,� co JACK TYLER ENGINEERING, INCORPORATED 6112 PATTERSON AVENUE, LITTLE ROCK, ARKANSAS 72209 ♦ a (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 corpovax.e STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16%on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your order with complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. RETURNS/REFUNDS: Items wished to be returned are subject to prior approval and must be accompanied by a Return Merchandise Authorization (RMA). Items returned without proper approval and/or paperwork will be returned to the customer at their expense. Returns past 30 days of initial receipt will not be accepted. All returned items are subject to a restocking fee. The customer's credit will be equal to the credit Jack Tyler Engineering, Inc. receives from the vendor, minus orginal freight and freight back to the vendor. Please note that all items must be returned to JTEI, who will return the item to the vendor. Credit will only be issued once JTEI receives credit from the vendor. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 07/12/19 Township Tank Vicinity Map Not to Scale ;!qggagn'a CITY MR YT `EV . ARKANSAS Project Check List This checklist is for the Bidder's use in preparing & submitting a bid. It is not intended to include all details necessary to prepare a bid and shall not be used as a substitute for the requirements of the bid documents. Information is shown below only as a matter of convenience. Use of this checklist does not relieve the Bidder from the responsibility of meeting all requirements of the Specifications concerning the preparation of an acceptable bid. Bidders are welcome to use this form as a coversheet for a sealed envelope; however, using this form itself is NOT a requirement. 5% Bid Bond of the amount bid accompanied by required documentation (Power of Attorney, etc.) o In lieu of a bid bond, the bidder may submit a cashier's check from a bank located in the State of Arkansas for at least five percent (5%) of the amount bid (inclusive of any deductive alternates). Cashier's checks shall be made payable to the City of Fayetteville, AR and received prior to the bid deadline by making an in -person delivery appointment with the City Purchasing Division. o Upload 5% bid bond to the City's electronic bidding platform (preferred) OR attach bid bond with physical submittal and setting up an in -person delivery appointment with the City Purchasing Division. All addenda shall be signed, acknowledged, and submitted on the appropriate forms (submitting the actual addendurns or marking acknowledgement on other bid pages). All line items shall be appropriately filled out and extended to reveal the line item price as well as the total bid price. Total base bid should be calculated in the provided space. All pages provided with signature lines shall be appropriately signed, dated accordingly, and included with submitted bid documents All bids shall be received before the stated deadline utilizing the City's electronic bidding platform or delivering in X person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at htt;s: www.vouIuI.-,e.(orn/.ascr�cityt;f r r.'Ll.e��il(eir. Late or misdirected bids shall not be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or failure of bidder's technical equipment. All bid documents shall be delivered in a sealed envelope to the address stated in the advertisement or updated deadline issued via Addenda. All bids should be delivered with the name of the bidder (contractor) on the sealed envelope as well as the bidders Arkansas Contractor's License Number. City of Fayetteville, AR Purchasing Division —Suite 306 113 W. Mountain Fayetteville, AR 72701 Additional Information Required: • List of Subcontractors: Submit form on Bonfire or attach if submitting a physical bid • AR Secretary of State Filing: 100058306 or submit on the City's electronic bidding platform • Arkansas Contractor License#: 0028840422 or submit on the City's electronic bidding platform • Pursuant Arkansas Code Annotated §25 1.-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott: Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25 1.503. If at any time during contract the contractor aecides to boycott Israel, the cant on Cit lust notify the contracted public entity in writing. /s electronic bidding platform (pi c.lei red), OR circle applicable answer yi_S or NO 1"eEecommunications Device for the Deaf MD (479) 521-1316 113 West Mountain - r ayettc.,,ville, AR 72701 018-0032 SECTION 00 4143 - BID FORM Contract Name: TOWNSHIP PRESSURE PLANE — PHASE 1-TOWNSHIP TANK IMPROVEMENTS Owner: FAYETTEVILLE WATER & SEWER, CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville Bid Number: 21-60, Construction —Township Tank Replacement OLSSON PROJECT NO. 018-0032 Dated: July 14 2021 BID FORM 00 41 43 - i 018-0032 TABLE OF CONTENTS Page Article1- Bid Recipient.................................................................................................................................1 Article 2 - Bidder's Acknowledgements........................................................................................................ 1 Article 3 - Bidder's Representations.............................................................................................................1 Article 4 - Bidder's Certification.................................................................................................................... 2 Article5 - Basis of Bid.................................................................................................................................... 3 Article6 - Time of Completion...................................................................................................................... 4 Article 7 - Attachments to this Bid................................................................................................................ 4 Article8 - Defined Terms.............................................................................................................................. 5 Article9 - Bid Submittal................................................................................................................................5 ii - 00 41 43 BID FORM 018-0032 ARTICLE 1— BID RECIPIENT 1.1 This Bid is submitted to: City of Fayetteville, AR 113 West Mountain Street Fayetteville, Arkansas 72701 1.2 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the Contract Times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.1 Bidder accepts all of the terms and conditions of the Advertisement and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.2 The Successful Bidder will sign and submit the Contract Agreement and other documents required by the bidding requirements within 30 days after the date of Owner's Notice of Award. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.1 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date 6/28/2021 7/12/2021 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: 1. reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities) that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and BID FORM 00 41 43 - 1 018-0032 2. reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. F. Bidder has considered the information known to Bidder itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. G. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. H. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents and confirms that the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. K. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4— BIDDER'S CERTIFICATION 4.1 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.1.1): 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at 2 - 00 41 43 BID FORM 018-0032 artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the a execution of the Contract. /_1Ift9104001117_��1:Ti714 K 5.1 Bidders are required to provide pricing for all line items, including deductive alternate items. Failure to provide deductive alternate pricing can result in bid rejections. In the event no bid falls within the amount of funds certified for the project plus 25%, the City will utilize the deductive alternates in order to further evaluate bids until a bid received falls within the amount certified, plus 25%. in the event all deductive alternates are subtracted from the total base bid and no bid falls within the amount certified, plus 25%, all bids shall be rejected and become confidential. In no case shall the amount bid for the item of "mobilization" exceed 5% of the total contract amount for all items listed in the proposal or bid. Bidder will complete the Work in accordance with the Contract Documents for the following price(s) (Bid Form on page 4): REFER TO THE CITY'S ELECTRONIC BIDDING PLATFORM TO SUBMIT BID PRICING ELECTRONICALLY. CONTACT THE CITY PURCHASING DIVISION TO SUBMIT A PHYSICAL SEALED BID :317ti]3► 1 BID FORM 0041 43 - 3 018-0032 5.2 Bidder acknowledges that: A. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and B. Estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. C. The contract, if awarded will be based on the lowest responsive, responsible bid accepted by the City of Fayetteville, Arkansas. D. Unit prices have been computed in accordance with paragraph 13.03 of the General Conditions. E. Bidder acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents. F. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. G. The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. H. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. ARTICLE 6—TIME OF COMPLETION 6.1 Bidder agrees that the Work will be substantially complete within 510 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 540 calendar days after the date when the Contract Times commence to run. 6.1 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 —ATTACHMENTS TO THIS BID 7.1 The following documents are submitted with and made a condition of this Bid: A. Required Bid Security in the form of bid bond for Five Percent of Total Bid Amount (Dollar Amount Written in Words) B. Required Bid Bond (Section 00 43 13). C. List of Proposed Subcontractors. D. List of Proposed Suppliers. ($ 5% of Bid Amt (Total in Figures) E. List of Project References (see Section of Bidders Qualification Statement). 4 - 00 41 43 BID FORM 018-0032 F. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids. G. Contractor's License No.: 0028840422 or Evidence of Bidder's ability to obtain a State Contractor's License and a covenant by Bidder to obtain said license within the time for acceptance of.Bids. H. Required Bidder Qualification Statement with supporting data (see Section 00 2113 Instructions to Bidders). ARTICLE 8 - DEFINED TERMS 8.1 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9-BID SUBMITTAL 9.1 Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 9.2 The Bidder has reviewed and agrees with all sections of the Plans, Specifications and Contract Documents, including all Addenda, and the Comprehensive Best Management Practices Plan included with the Bid Documents. 9.3 Bid pricing shall be submitted by accessing the City of Fayetteville's electronic bidding platform. Submitted this 14th day of July 2021 Respectfully submitted, Caldwell Tanks, Inc. U .: GpRPO/R,gr 7- 0 - ,� SEAL G� ........ ;'t��• SV ��rrrlltttt�� Attest: < (Seal, if bjH is by corporation.) r l (Firm Name) By ignature) Eric W. Monske, Sales Manager (Printed Name) Title David E. Bartley, Secretary BID FORM 00 41 43 - 5 018-0032 Arkansas License No. 0028840422 4000 Tower Road, Louisville, KY 40219 (Business Address & Zip Code) Tax ID No. 61-0148890 Address for giving notices: Caldwell Tanks, Inc. 4000 Tower Road Louisville, KY 40219 Telephone Number: (502)964-3361 Fax Number: (502) 966-8732 Contact Name and e-mail address: Eric W. Monske, Sales Manager sales@caldwelltanks.com 6 - 00 41 43 BID FORM POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that CALDWELL TANKS, INC., Louisville, Kentucky, a Kentucky Corporation, has constituted and appointed, and does constitute and appoint the persons named below as its true and lawful Attorneys -in -Fact, to execute proposals for the sale of materials or the construction of work, to make contracts for same, and execute Surety Bonds to be used in connection therewith: KEVIN J. GALLAGHER WILLIAM A. STETZLER PATRICK A. SMITH SHANNON MCKAMEY ERIC W. MONSKE CONRAD R. SPANGLER, III This appointment is made in accordance with Article V, Section 1 of the By -Laws of the Corporation as amended January 16, 1986, and still in full force and effect. �MI"JAT1'PIS�WHEREOF, CALDWELL TANKS, INC. has caused these presents to be signed b �i j resident, ant'it�,corporate seal to be thereunto affixed and duly attested by its Secretary this 4th dWf Iy�2g1r z ATTEST: SEAL A TANKS, INC. (SEAL) '%�/S V I L 1 E '`��\ BY: - TK. an Harvey STATE OF KENTUCKY ) Presi i SS: COUNTY OF JEFFERSON ) LOU* ,,,day of May, 2021, before me personally appeared K. Ryan Harvey, President of CALDWEI,. a�,4VKS II�Sy avho being duly sworn, said he resides in the state of Kentucky; that he is President at`CALiUWL�Is�RNK-5, INC., the Corporation described in and which executed the foregoing instrument' that h�cr�" the Ckporate seal; that it was so affixeA by order of th Board of Directors of said Corporation, aO that"he;sigied his name thereto as President of sa' Co ati n by like authority. (SEAL) ��'� UB L IL -" � ? BY: Caroly . E. Burke STATE OF KE K`�����' Notary Public, State at Large " " ) SS: MY COMMISSION EXPIRES 9/25/2023 COUNTY OF JEFFERSON ) I, David E. Bartley, Secretary of CALDWELL TANKS, INC. do hereby certify that the above and foregoing i���� Ve and correct copy of the Power of Attorney executed by CALDWELL TANKS, INC., wNctl�i�stl dfull force and effect. fIVITNESS'WH EOF, I have signed this certificate at Louisville, K ntucky, this day of Tula^'oRPORyr� (SEAL) SEAL BY: �0 • ' avid E. Bartley, Secret SVILI-�'��`� Caldwell Tanks Inc. -EMLZL C � Aw LD, Since 1887 Water - Energy - Industrial CERTIFICATE This is to certify that Caldwell Tanks, Inc., has met all requirements and is licensed in to do business in the State of Arkansas. Our Contractor's License Number is #0028840422. OUR STATUTORY AND PROCESS AGENT IS: Dated this 14th day of July 2021 ATTEST f, r David E. Bartley secretary (Seal) 0 0%ttt It r1,,,/, GORPOR,gT�, : w n— i�'. SEAL ARQUAL.DOC �rr V1 �1rrllt10 Cogency Global Inc. 1215 Twin Lakes Drive Little Rock, AR 72205 CALDWELL TANKS, INC. zric W. Monske Sales Manager 4000Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 H.W.L. ELEV 40'-0" DIA. 30'-0" DIA. ,TE: SIGN PER AWWA D107-16 AND PROJECT ECIFICATIONS. L ACCESSORIES TO BE INCLUDED AS PER ECIFICATIONS. IENTATION OF ACCESSORIES SHOWN FOR CLARITY. BJECT TO CHANGE WITH FINAL DESIGN. JD: 120 MPH, EXP C (ASCE 7-10) ISMIC LOAD: SS= 17.0% S 1 = 9.4% PSF SNOW NOTES: FOUNDATION DESIGN BASED ON A NET ALLOWABLE SOIL BEARING OF10.000 PSF. CONCRETE: 28 DAY COMPRESSIVE STRENGTH OF 4,000 PSI. ( 72 CU. YDS.) REINFORCEMENT: ASTM SPEC. A615 GR. 60. ( 8,000 LBS.) REINFORCING STEEL QUANTITIES DO NOT ACCOUNT FOR LAPS, BENDS, HOOKS, ETC. FOUNDATION IS SUBJECT TO CHANGE WITH FINAL DESIGN. FLOOR, PIPE SUPPORTS, ETC. NOT INCLUDED IN CONCRETE AND REINFORCING QUANTITIES SHOWN. ADDITIONAL REINFORCEMENT FOR DOOR AND PEDESTAL DOWELS: (15,000 LBS) AND (48) - #11 NVENT LENTON STANDARD COUPLER - A2. FINAL SIZE AND QUANTITY DETERMINED AT FINAL DESIGN. THE PROJECT GEOTECHNICAL ENGINEER SHALL INSPECT AND APPROVE THE SUBGRADE PRIOR TO PLACEMENT OF STEEL OR CONCRETE. DRILL PROBE HOLES IN SANDSTONE TO EVALUATE THE PRESENCE OF WEATHERED OR OTHERWISE UNSUITABLE AREAS. EXTEND FOUNDATION EXCAVATION AS REQUIRED. FOUNDATION SHALL BEAR ON COMPETENT SANDSTONE. SEE GEOTECHNICAL REPORT FOR ADDITIONAL REQUIREMENTS. UUINUL UINVILILN J IVIUu roIMI LOOR 018-0032 SECTION 00 1153 — BIDDER'S QUALIFICATION STATEMENT Contract Name:TOWNSHIP PRESSURE PLANE — PHASE 1-TOWNSHIP TANK IMPROVEMENTS City of Fayetteville Bid Number: 21-60, Construction - Township Tank Improvements Date: July 14, 2021 SUBMITTED TO: The City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 SUBMITTED BY: Company Caldwell Tanks, Inc. Name Eric W. Monske, Sales Manager Address 4000 Tower Road Principal Office Louisville, KY40219 Corporation, LLC, partnership, individual, joint venture, other Corporation Tax ID/EIN Number 61-0148890 (Type or legibly print) For a Contractor to be considered as Qualified, the Contractor must satisfy all financial, insurance, and bonding requirements of the City of Fayetteville, and must have had at least five (5) years of experience under the current Contractor name in the installation of water and sewer facilities. The Contractor shall have executed work for municipalities operating water/sewer facilities or water/sewer contracted operations with a minimum of three (3) projects exceeding five hundred thousand ($500,000) dollars for similar work as described in the Contract Documents. Work for developers and commercial site work will not be considered as permissible work experience. Acceptable documentation of these projects must be submitted to the City of Fayetteville. In accordance with Arkansas Procurement Law, a Contractor may use the combined experience of its owners or senior executive staff to satisfy the requirements, or the combined experience of the key personnel that will be responsible for satisfying the experience requirement. 00 11 53 - Bidder Qualifications. docx 00 11 53 — 1 018-0032 EXPERIENCE STATEMENT (MANDATORY) 1. Bidder has been engaged as a General Contractor in construction for 134 years and has performed work of the nature and magnitude of this Contract for 25 years. Bidder has been in business under its present name for 52 years. 2. Bidder now has the following bonded projects under contract: (On a separate sheet, list project name, owner, name of owner contact, engineer/architect, name of engineer/architect contact, amount of contract, surety, and estimated completion date.) See attached listing of Composite Elevated Tanks under construction 3. Bidder has completed the following (list minimum of 3) contracts consisting of work similar to that proposed by this Contract: (On a separate sheet, list project name, owner, name of owner contact, engineer/architect, name of engineer/architect contact, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces.) See attached Composite Elevated Tanks constructed 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. No 5. Bidder normally performs the following work with his own forces: The design, fabrication and erection of the concrete shaft and welded steel water tank. 6. Construction experience of key individuals in the organization is as follows (continued on attached sheets if needed): See attached listing along with resumes 8. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company and name and address of agent: Surety: Great American Insurance Company, 301 East 4th Street, Cincinnati, OH 45202 Agent: Sterling Thompson Company, 3006 EastPoint Parkway, Louisville, KY 40223 Bidder's Workmen's Compensation Experience Modifier Factor is: 0.66 2 - 00 11 53 BIDDER QUALIFICATIONS 018-0032 FINANCIAL STATEMENT (IF REQUESTED) A. If requested by the City of Fayetteville during the evaluation of bids the bidder shall provide to the City of Fayetteville the following additional information: Bidder possesses adequate financial resources as indicated by the following: 1. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showing the following items: a. Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). b. Net fixed assets. c. Other assets. d. Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). e. Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). f. Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 2. Current Judgments: The following judgements are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a None $ b. $ Bidder hereby represents and warrants that all statements set forth herein are true and correct. Date: July 14 2021 Name of Organization: Caldwell Tanks, Inc. r' By (T e or legibly print) By Eric W. Monske (Signature) Title Sales Manager (Type or legibly print) BIDDER QUALIFICATIONS 0011 53 - 3 018-0032 If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation or LLC, the corporate name shall be signed, followed by the signature of a duly -authorized officer and with the corporate seal affixed. Contractor shall attach evidence of authority of signature. If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Contractor's signature and authority to sign. END OF SECTION 00 1153 4 - 00 11 53 BIDDER QUALIFICATIONS CAPACITY 2,500,000 Composite 211' HWL CTI #: E-8969 Union Co., SD 2,000,000 Composite 142' HWL CTI #: E-9033 International Site 2,000,000 Composite 142' HWL CTI #: E-9034 8' Street Site 2,000,000 Composite 130' HWL CTI #: E-8972 St. Charles Co., MO 2,000,000 Composite 172' HWL CTI #: E-8954 K7/K10 Site 1,500,000 Composite 141.8' HWL CTI #: E-9059 1,500,000 Composite 77' HWL CTI #: E-8939 Hermitage, PA 1,500,000 Composite 161.37' HWL CTI #: E-8869 Fort Knox, KY — Estrada *CCA1D%TU Since 1887 COMPOSITE ELEVATED WATER TANKS LOCATION/OWNER Lewis & Clark Regional Water System 46986 Monty Street Tea, SD 57064 Troy Larson Phone (605) 368-2400 Fax (605) 336-8696 River Ridge Development Authority 6200 East Highway 62, Suite 600 Jeffersonville, IN 47130 Tom Vittitow Email: tom@riverridgecc.com River Ridge Development Authority 6200 East Highway 62, Suite 600 Jeffersonville, IN 47130 Tom Vittitow Email: tom@a_riverridgecc.com Goodwin Brothers Construction Co. 4885 Baumgartner Road St. Louis, MO 63129 Jon Reader Phone (636) 931-6084 Email jreader@a�eoodwinbros.com Water District No. 1 of Johnson County 10747 Renner Boulevard Lenexa, KS 66219 Hanley Barker, PE Phone (913) 895-5500 ENGINEER Banner Associates, Inc. 409 22" d Avenue South Brookings, SD 57006 Kristen Bisgard, PE Phone (605) 692-6342 Fax (605) 692-5714 HWC Engineering 303 Scribner Drive, Suite 201 New Albany, IN 47150 Travis Watters Phone (812) 913-6410 Email: twatters@hwcengineering.com HWC Engineering 303 Scribner Drive, Suite 201 New Albany, IN 47150 Travis Wafters Phone (812) 913-6410 Email: twatters@hwcengineering.com Missouri American Water Company 905 West High Street Jefferson City, MO 65109 Renee Lawrence Phone (314) 996-2307 Email renee.lawrencegamwater.com Burns & McDonnell 9400 Ward Parkway Kansas City, MO 64114 Trevin Heisey Phone (816) 708-6331 Fax (816) 822-3519 DATE COMPLETED Under Construction $6,773,000.00 Under Construction $3,659,150.00 Under Construction $3,598,850.00 Under Construction $2,700,000.00 Under Construction $5,352,400.00 City of Mishawaka DLZ Indiana, LLC Under 600 East Third Street 2211 East Jefferson Boulevard Construction Mishawaka, IN 46544 South Bend, IN 46615 $6,927,000.00 Dave Majewski Jamie Poczekay Phone (574) 258-1691 Phone (574) 236-4400 Fax (574) 258-1776 E-mail ipoczekay(o_dlz.com Aqua Pennsylvania, Inc. Entech Engineering Under 665 South Dock Street 400 Rouser Road, Suite 200 Construction Sharon, PA 16146 Coraopolis, PA 15108 $3,230,200.00 James Willard Robert Horvat, Jr., PE Phone (330) 397-0790 Phone (800) 825-1372 x1501 Fax (412) 264-2850 Hardin County Water District No. 1 Stantec Under 1400 Rogersville Road 10509 Timberwood Circle, Suite 100 Construction Radcliff, KY 40160 Louisville, KY 40223 $2,814,000.00 Daniel Clifford Paul Sridhar, PE Phone (270) 351-3222 Phone (502) 212-5063 Fax (270) 352-3055 Fax (502) 212-5055 CONFIDENTIAL, *CCA&IDWEU Since 1887 COMPOSITE ELEVATED WATER TANKS DATE CAPACITY LOCATION/OWNER ENGINEER COMPLETED 1,500,000 Composite Hardin County Water District No. 1 Stantec Under 140.87' HWL 1400 Rogersville Road 10509 Timberwood Circle, Suite 100 Construction CTI #: E-8868 Radcliff, KY 40160 Louisville, KY 40223 $2,741,000.00 Fort Knox, KY — Frazier Daniel Clifford Paul Sridhar, PE Phone (270) 351-3222 Phone (502) 212-5063 Fax (270) 352-3055 Fax (502) 212-5055 1,000,000 Composite Bowling Green Municipal Utilities GRW Engineers, Inc. Under 177'8" HWL 801 Center Street 801 Corporate Drive Construction CTI #: E-9046 Bowling Green, KY 42102 Lexington, KY 40503 $3,422,500.00 Keith Williams Bruce McDonald Phone (270) 782-1200 Phone (859) 223-3999 kwilliams@bgmu.com bmcdonald@grwinc.com 1,000,000 Composite City of Warner Robins Constantine Engineering, Inc. Under 120' HWL 700 Watson Boulevard 4000 Faber Place Drive, Suite 330 Construction CTI #: E-9023 Warner Robins, GA 31093 North Charleston, SC 29405 $2,233,000.00 Allison Lanneau Dan Huggins Phone (478) 293-1000 Phone (843) 628-3352 Fax (478) 929-1957 E-Mail: dhuggins@tceeng.com 1,000,000 Composite Water District No. 1 of Johnson County Burns & McDonnell Under 172' HWL 10747 Renner Boulevard 9400 Ward Parkway Construction CTI #: E-8953 Lenexa, KS 66219 Kansas City, MO 64114 $35471,700.00 Lackman Site Hanley Barker, PE Trevin Heisey Phone (913) 895-5500 Phone (816) 708-6331 Fax (816) 822-3519 1,000,000 Composite City Corporation Garver Engineers Under 198' HWL Russellville Water & Sewer System 4701 Northshore Drive Construction CTI #: E-8898 205 West Third Place North Little Rock, AR 72118 $2,783,000.00 Russellville, AR Russellville, AR 72811 Daniel Hollinger, EI Lance Bartlett, PE Phone (501) 537-3236 Phone (501) 968-2105 Fax (501) 372-8042 1,000,000 Composite City of Frederick GHD Consulting Engineers Under 132'6" HWL 111 Airport Drive East 16701 Melford Boulevard Construction CTI #: E-8883 Frederick, MD 21701 Bowie, MD 20715 $3,053,810.00 Ron Wingfield Leita Bennett Phone (301) 694-1677 Phone (571) 325-5049 Fax (301) 600-9000 1,000,000 Composite City of Kirksville Benton & Associates, Inc. Under 137' HWL 201 South Franklin Street 2414 South Franklin Street Construction CTI #: E-8848 Kirksville, MO 63501 Kirksville, MO 63501 $2,058,000.00 Kirksville, MO Phone (660) 627-1272 Adam Dorrell Fax (660) 665-0940 Phone (660) 665-3575 750,000 Composite Town of Mashpee Tighe & Bond, Inc. Under 111'6" HWL 16 Great Neck Road North 120 Front Street, Suite 7 Construction CTI #: E-9078 Mashpee, MA 02649 Worcester, ma 01608 $4,255,400.00 Andrew Marks Thomas J. Mahanna Phone (508) 539-1400 Phone (413) 562-1600 CONFIDENTIAL *CCA&IDWEU Since 1887 COMPOSITE ELEVATED WATER TANKS DATE CAPACITY LOCATION/OWNER ENGINEER COMPLETED 750,000 Composite City of Volga Banner Associates, Inc. Under 135'5" HWL 226 Kasan Avenue 409 22" d Avenue South Construction CTI #: E-9076 Volga, SD 57071 Brookings, SD 57006 $3,192,000.00 Phone (605) 627-9113 Joseph Munson Fax (605) 627-5865 Phone (605) 692-6342 750,000 Composite City of Madison Banner Associates, Inc. Under 142'3" HWL 116 West Center Street 409 22nd Avenue South Construction CTI #: E-9018 Madison, SD 57042 Brookings, SD 57006 $2,667,700.00 Madison, SD Jennifer Eimers Kristen Bisgard, PE Phone (605) 256-7527 Phone (605) 692-6342 Fax (605) 692-5714 750,000 Composite Oconee County Board of Commissioners Precision Planning, Inc. Under 141'3" HWL 1291 Greensboro Highway 802 East Spring Street Construction CTI #: E-8980 Watkinsville, GA 30677 Monroe, GA 30655 $2,475,000.00 Oconee Co., GA John Daniell Kurt Mueller Phone (706) 769-3960 Phone (770) 267-8800 Fax (706) 769-3997 E-mail: 5831cm@ppi.us 600,000 Composite Red Lake Band of Chippewa Indians Indian Health Services Under 165.1' HWL 24200 Council Street 705 51 Street, Suite E Construction CTI #: E-8857 Red Lake, MN 56671 Bemidji, MN 56601 $2,343,298.97 Redby, MN Jeff Donnell Kyle Parisien Phone (218) 679-2416 Phone (218) 444-0528 Fax (218) 444-0533 500,000 Composite Town of Littleton Tata & Howard, Inc. Under 107' HWL 39 Ayer Road 67 Forest Street, 2nd Floor Construction CTI #: E-9058 Littleton, MA 01460 Marlborough, MA 01752 $2,720,300.00 Nick Lawler Steve Daunais, PE Phone (978) 540-2222 Phone (508) 925-7569 Email sdaunaisna tataandhoward.com 500,000 Composite Todd County Water District McGhee Engineering, Inc. Under 230' HWL 2201 New Highway 68 West 202 South Ewing Street Construction CTI #: E-8851 Elkton, KY 42220 Guthrie, KY 42234 $1,976,000.00 Todd Co., KY John Haley Chris Wilcutt, PE Phone (270) 265-2229 Phone (270) 483-9985 Fax (270) 265-2035 Fax (270) 483-9986 CONFIDENTIAL C&IDWEU CCX -,� Since 1887 COMPOSITE ELEVATED WATER TANKS CAPACITY LOCATION/OWNER ENGINEER 500,000 Composite Village of Hobart Robert E. Lee & Associates, Inc. 156' HWL 2990 South Pinetree Road 1250 Centennial Centre Boulevard CTI #: E-8707 Hobart, WI 54155 Hobart, WI 54155 Hobart, WI Allyn Dannhoff Joshua J. Steffeck, PE Phone (920) 869-3800 Phone (920) 544-4438 Fax (920) 869-2048 Fax (920) 662-9141 500,000 Composite Onondaga County Water Authority GHD Consulting Engineers 72' HWL 200 Northern Concourse One Remington Park Drive CTI #: E-8678 Syracuse, NY 13211 Cazenovia, NY 13035 Camillus, NY Andrew Weiss, PE Jason Davenport Phone (315) 455-7061 Phone (315) 679-5800 Fax (315) 455-6649 Fax (315) 679-5801 500,000 Composite City of Asbury MSA Professional Services, Inc. 176' 10" HWL 5290 Grand Meadow Drive, Suite 1 400 Ice Harbor Drive, Suite 110 CTI#: E-8608 Asbury, IA 52002 Dubuque, IA 52001 James Adams Sarah Fosbinder Phone (563) 556-7106 Phone (563) 582-3973 Fax (563) 556-2001 Fax (563) 582-4020 500,000 Composite Mitford Rural Water District Hill Engineering, LLC 130'6" HWL of Fairfield & Chester County 3258 Scott Road CTI #: E-8386 806 Miles Road Great Falls, SC 29055 Great Falls, SC Great Falls, SC 29055 Daniel B. Hill, PE Lonnie M. Campbell Phone (803) 482-3528 Phone (803) 482-2133 Fax (803) 482-2870 500,000 Composite City of De Soto Cochran Engineering & Surveying 125' HWL 17 Boyd Street 44 Camden Court SE CTI #: E-8318 De Soto, MO Camdenton, MO Kevin Warden James M. Rericha, P.E. Phone (636) 586-7364 Phone (636) 584-0540 Fax (636) 584-0512 500,000 Composite Atascosa Rural Water Supply Corp. Klein Engineering, Inc. 175'6" HWL 10882 Jarratt Road 8611 Botts Lane CTI #: E-8036 Atascosa, TX 78002 San Antonio, TX 78217 Mike Fernandez Rudy Klein Phone (210) 622-3901 Phone (210) 828-7070 Fax (210) 622-5421 Fax (210) 828-7076 500,000 Composite Aiken County/Breezy Hill Water B.P. Barber & Associates 118'6" HWL & Sewer Co., Inc. 101 Research Drive CTI #: E-7847 828 Richland Avenue West Columbia, SC 29202 Aiken Co., SC Aiken, SC 29801 Nathan Ward, PE Clay Killian Phone (803) 254-4400 Phone (803) 642-2013 Fax (803) 771-6676 Fax (803) 642-2124 DATE COMPLETED 2/21 $1,677,000.00 3/20 $2,030,500.00 3/19 $1,579,000.00 9/17 $1,327,000.00 5/17 $1,471,000.00 8/14 $1,564,000.00 5/14 $1,380,000.00 CONFIDENTIAL SAL-FRM-05 SIMILAR PROJECTS Approved: 9/6/2018 Page 17 of 19 Rev 0 'C!! A2% IJI D)`WW ME1 Since 1887 Water - Energy - Industrial PRINCIPAL INDIVIDUALS OF CALDWELL TANKS, INC. NAME POSITION COMPANY INDUSTRY EXPERIENCE K. Ryan Harvey President 2011 1998 Admin./Engineer/Superintendent Kevin J. Gallagher Vice President 1995 1995 Sales/Engineering David Francis Director -Operations 2010 1992 Civil Construction Michael R. Shaffer Director -Steel Construction 1997 1997 Steel Construction Tony Burke Director -Engineering 1988 1988 Engineering Wilson Frazier Director -Environmental H & S 1997 1989 Safety Scott McIntire Director -Quality Assurance 1999 1981 Project Management /Quality Assurance Resumes attached 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 Education MS Structural Engineering University of Tennessee 1996 - 1997 BS Civil Engineering University of Tennessee 1990 —1995 Leadership Institute Florida Engineering Society 2006 - 2007 Registrations Professional Engineer: AL, FL, GA, MS, LA, NC, SC, OH, TX, TN, KY, VA, MD, DE, OK Patents US Patent 8,684,220 B2 Storage Tank With Flexible Shear Pad Affiliations ACI Committee 372 Design and Construction of Circular Wire- or Strand -Wrapped Prestressed Concrete Structures — Voting Member ACI 350 Committee for Code Requirements for Engineering Environmental Concrete Structures — Voting Member ACI 350-E Precast/Prestressed Structures Subcommittee — Chairman CLD ELL Since 1887 Water - Energy - Industrial K. Ryan Harvey, PE Chief Executive Officer Ryan is the President and CEO of Caldwell Tanks, Inc. and Chief Executive Officer of Preload. He has over 20 years of management, design and construction experience in wire -wrapped prestressed concrete tanks. He provides oversight and management of both company's Division Managers for Engineering, Construction and Sales. Ryan's areas of specialty are: • Corporate Management • Design and construction of Type II and Type III wire -wrapped prestressed concrete liquid containment tanks, including foundations and appurtenances. He has over 18 years of experience in the design and construction of wire -wrapped prestressed concrete storage tanks and structural engineering. Previous Experience • Caldwell Tanks, Inc., Louisville, Kentucky Vice President — PCT Division, 2011 - 2014 Managing all aspects of the strategy, growth and expansion of the prestressed concrete tank division including development and implementation of business plan, development and implementation of standards and procedures for design, construction and sales as well as design and construction management of tank structures. The Crom Corporation, Gainesville, Florida Vice President — Engineering, 2004 — 20011 Direct engineering operations for the corporation including management of teams responsible for design, project management, drafting, estimating and purchasing. Responsibilities included the development and implementation of procedures to maximize efficiency and productivity in the department, implementation, communication and management of standards for the design of prestressed concrete tank structures, and analysis and design of thin shell prestressed concrete elements. Project Manager/Area Manager, 2000 — 2004 Complete responsibility for corporate operations in the states of Tennessee and Kentucky including management of a Project Team to complete design and construction of projects for wire -wrapped prestressed concrete tanks, design including complete preparation of engineering design calculations and review of shop drawings for tank construction as engineer of record. Staff Engineer, 1999 — 2000 Analysis and design of wire -wrapped prestressed concrete storage tanks including ancillary attachments made of structural steel, aluminum, reinforced concrete and fiberglass. Review of design drawings and calculations. Field Superintendent, 1998 —1999 Field Superintendent responsible for direction of crew for the construction of the following wire -wrapped prestressed concrete storage tanks: 500,000 — Gallon Water Storage Tank — Hallsdale Powell Utility District, Knoxville, Tennessee �PRELO ACI 350-B Durability Subcommittee — Voting Member ACI Committee 371 Design and Construction of Concrete Pedestals for Elevated Storage Tanks — Voting Member/Secretary Florida Society of Professional Engineers (FES) — Past Board Member 2008 - 2010 Florida Engineers in Construction (FECON) —Past Chairman, Past Treasurer 2007 - 2010 Years of Experience 20 jSince 1887 Water - Energy - Industrial 750,000 — Gallon Water Storage Tank — Hopkinsville Utilities, Hopkinsville, Kentucky 500,000 — Gallon Water Storage Tank — Town of West Jefferson, North Carolina Relevant Project Experience Ryan has designed over 500, Type II prestressed concrete storage tanks as the engineer of record for water, wastewater and industrial applications as well as Type III tank structures. He has also managed the construction of Type III prestressed concrete storage tanks. His relevant project experience includes the following: 5 — 20.0 MG & 2 — 6.0 MG Equalization Storage Basins, Baton Rouge, Louisiana 2009/2010 Engineer of record for a total of five Type II 20 MG wire -wrapped prestressed concrete tanks with 260' 0" ID and 60' 0" side water depths and two Type II 6.0 MG tanks with 140' ID and a 40' 0" side water depths. Each tank was designed with a pile supported, structural concrete floor and a free -span dome roof with multiple attachments for odor control as well as large openings in the dome for equipment access. 6 — 2.9 MG Saltstone Storage Tanks, Aiken, South Carolina 2008/2010 Engineer of record for a total of six 2.91VIG Saltstone storage tanks for the Department of Energy, Savannah River Site. The six Type III 2.9 MG wire -wrapped prestressed concrete tanks were 150' 0" ID with 22' 0" side water depths. Each tank was designed with a flat, column -supported roof and a thickened concrete floor, all using Type V cement to increase long term durability of the storage structure. • 2 — 20.0 MG Equalization Storage Basins, Gwinnett County, Georgia 2007 Engineer of record for two 20.01VIG Equalization Storage Basins with pile supported structural floors and concrete dome roofs. The two Type II 20 MG wire -wrapped prestressed concrete tanks were 260' 0" ID with 52' 2" side water depths. Each tank was designed with a free -span dome roof with multiple attachments for odor control as well as large openings in the dome for equipment access. Kevin J. Gallagher, P.E. 4000 Tower Road Louisville, Kentucky 40219 kgallagher@caldwelltanks.com (502)299-0092 Professional Profile: Serves Water, Oil & Gas, Chemical, and Aerospace industry customers through active involvement with all aspects of storage tank projects. Began career as project engineer with responsibility for designing tanks and their foundations. Since, has been actively involved with, responsible for: planning, sales, estimating, engineering, fabrication, construction, and management of storage tank projects. Caldwell Tanks, Inc. - 1995 - Present: 2005 - Present Vice President Corporate Officer responsible for all aspects of Sales for Caldwell's storage tank product lines and service offerings. Active involvement with all aspects of Operations. 2003 - 2004 Project Manager Responsible for managing all aspects of new storage tank projects from contract signing to final completion and beyond. Management included internal and external scheduling, performance and cost responsibilities. 1995 - 2003 Project Engineer Responsible charge for producing and checking storage tank and foundation design calculations and drawing packages used in fabrication and construction. Responsible for compliance with project plans, specifications and all applicable governing codes and regulations. Education: BSCE - Purdue University MBA - University of Louisville Professional: Member — American Water Works Association, American Petroleum Institute National Institute for Storage Tank Management, American Society of Civil Engineers, International District Energy Association, International Liquid Terminals Association, Association of Chemical Industry of Texas Board of Directors, Vice President — Steel Tank Institute/Steel Plate Fabricators Association; Past Chairman, Field Erected Tank Section — Steel Tank Institute / Steel Plate Fabricators Association Co -Author — Steel Water Storage Tanks: Design, Construction, Maintenance and Repair, McGraw-Hill Licensed Professional Engineer Community: Church Lector, Coach, Member - Regional Science Fair Board Work Experience: Caldwell Tanks Inc. - Louisville, KY 9-2013 to Present: Director of Civil Construction- Manage and direct all in-house and subcontract operations in regards to foundation installation and. underground water line installation nationwide. 6-2012 to 9-2013: Civil Subcontract Manager.- Manage and direct the contracting and installation of all our subcontractors in regards to foundation installation and underground water line and utility installation, 5--2010 to 6-2012: Civil Construction Superintendent - Manage and direct all in-house foundation and water line piping crews. Wilcon Constructors LLC. -.. Louisville, KY 3-2007 to 4-2010: Owner - General Construction Company working in the residential and commercial areas. ALS Specialty Contractors - Louisville, KY 2003 to 2007 - Project Manager/Estimator -- Specialty contractor working in the abatement, insulation and fireproofing industry. Work included job estimation and managing of field crews. 13adgett Constructors LLC. - Louisville, KY 1998 to 2003 - Onsite Project Manager/General Superintendent - Manage and direct job specific operations and subcontractors, work included concrete, general framing, plumbing above and below grade, HVAC, electrical, underground sewers and utility construction, flooring, ceilings along with many other construction related activities. Abel Construction - touisville, KY 1992 to 1998 - Laborer, Carpenter, General Superintendent - Work included installation of concrete, underground utilities, interior and exterior framing, finish work, equipment operation, manage and direct job specific operations, crews and subcontractors. Michael R. Shaffer Current Role Caldwell Tanks, Inc. May 2014 — Present Director of Steel Construction Currently manage 150 employees including 14 superintendents/crews, 3 Construction Managers and 10 operational support staff Oversee and manage department overhead and adjust estimates to accurately incorporate current overhead rates Voting member of API committee (sub group Fabrication and Joint committee) which writes and modifies the API 650, 620 & 653 standards Directly responsible for financial management of Steel Construction Division and interpreting corporate financial reports directly related to Steel Construction Directly communicate with other department heads and coordinate Steel Construction activities to coincide with corporate needs, as well as, appropriately matching superintendent/crew skill sets to specific activities Estimate steel construction costs for bidding purposes Approve industrial tank bids prior to sending to the customer Determine when changes in scope occur and direct Project Managers to notify customer of change and generate Change Order Member of corporate Safety and Loss Control Committee Write company specific safety policies to minimize personnel risk, promote safe and engaged employees and mandate safe work practices Work with corporate attorney and CEO to negotiate union contracts Negotiate with local unions on PLA (Project Labor Agreement) terms and conditions Negotiate contract "Terms and Conditions" with various vendors and sub- contractors Education Sullivan University (Louisville, KY) Business Management Program Edinboro University of Pennsylvania (Edinboro, PA) Criminal Justice Program Technical Qualifications Pennsylvania Department of Environmental Protection AFMX certified NCCCO Large and Small Telescopic Crane Operator Certified Proficient at scaling very large and complex cranes including tandem/critical lifts Ability to prepare professional lift plans in accordance with local, state and federal laws Certified welder in SMAW (6010, 7010, 7018, 7014, 7024, 8018, 304S.S., 316S.S., Duplex) FCAW( 11 Nil, 8Ni3, 311, 71 M, 304S.S., 308S.S., 309S.S., 316S.S. and Duplex) SAW ( L60 & L61) Certified rigger and signal person Experienced operating numerous sizes and styles of heavy equipment including cranes, derricks, lifts and earth moving equipment OSHA 10 and 30 hour certified ISTC Basic Plus certified GERALD A. (Tony) BURKE, P.E. Director of Engineering EDUCATION: University of Louisville - Master of Engineering Degree in Civil Engineering - 2003 University of Louisville - Bachelor of Science Degree - 1989 PROFESSIONAL REGISTRATIONS: Licensed Professional Engineer in 23 states EMPLOYMENT: 10/08-Present Director of Engineering Caldwell Tanks, Inc., Louisville, Kentucky In addition to many items listed below, primary responsibilities include: - Responsible for technical and administrative leadership of Caldwell Engineering Group - Direct Research and Development - Participate in inter -disciplinary meetings - Establish engineering production priorities - Establish annual goals and monitor progress for the department - Assure and safeguard the overall success of the company in reaching its financial goals as Department Manager 04/99-10/08 Engineering Production Manager Caldwell Tanks, Inc., Louisville, Kentucky In addition to many items listed below, primary responsibilities include: - Prioritize and schedule daily activities of Engineering Department staff - Manage the engineering responsibilities throughout the bidding process - Perform annual reviews of Engineering Department staff - Serve as project engineer and/or Engineer -of -Record on numerous projects 08/88-04/99 Project Engineer Caldwell Tanks, Inc., Louisville, Kentucky - Lead Project Engineer for Composite Elevated Tanks - Lead Project Engineer on all first-time tank styles and tank sizes - Train new hires within Engineering Department - Responsible for the review of design calculations and details for foundation and tank drawing submittal packages. - Responsible for preparation of tank (all sizes, all styles) and foundation (all types) designs, both preliminary and final - Provide technical support for departments throughout the organization - Develop and maintain design tools to comply with current design standards AFFILIATIONS: - Voting member of AWWA Standards Committee for Steel and Composite Water Storage Tanks - Chair of AWWA Standards Subcommittee for D 100, "Welded Carbon Steel Tanks for Water Storage" - Chair of AWWA Standards Subcommittee for DELE (in development) - Member of AWWA Standards Subcommittee for D107, "Composite Elevated Tanks for Water Storage" - Member of AWWA Standards Subcommittee for DGTS (in development) �`" 9i,uR. 1887 Wilson F. Frazier, CSP, CUSA Current Role Director— Environmental, Health, & Safety— Caldwell Tanks, Inc. 1997 - Present Administration, implementation, and monitoring of all safety and health programs. Field and shop worksite safety audits. Field and shop employee safety training for OSHA, MSHA, EPA, and local regulations. Assurance of Federal, State, and Local regulations compliance. Environmental and hazardous waste management including record keeping for Title V compliance. Worker's compensation management and record keeping. Security management. Complex project safety management for numerous high profile site owners including NASA, Corp of Engineers, U.S. Government, Bureau of Prisons, Numerous Refineries, Power Generation and Chemical Plants and more. Lead Abatement Management Education Master of Science — Loss Prevention and Safety December, 1997 Eastern Kentucky University; Richmond, KY Bachelor of Science — Industrial Risk and Safety Management August, 1996 Eastern Kentucky University; Richmond, KY Professional Experience Safety Manager — American Tape Safety Director — Armada Manufacturing Safety and Health Inspector — Eastern Kentucky University Professional Certifications & Authorized Training Certified Safety Professional by the Board of Certified Safety Professionals Certified Utility Safety Administrator by the National Safety Council Authorized OSHA 10- and 30-Hour Construction Industry Outreach Trainer Vertical Rescue Solutions Certified High Angle Rescue Instructor Qualified Trenching and Shoring Competent Person Trainer Qualified MSHA Surface Mine Instructor Professional Affiliations Board Member, Kentucky Safety & Health Network, 1998 — Present ANSI Z117.1 Safety Requirements for Confined Spaces Committee Member, 2007 — Present ANSI A10 Confined Space in Construction Sub -Committee Member, 2012 American Society of Safety Engineers, President -Elect Louisville Chapter 2012 (member since 1998) Chairman, Steel Tank Institute/Steel Plate Fabricators Association Safety Committee, 2002 — 2004 Represented STI/SPFA Industry Association during OSHA Public Hearing Comments on Proposed Confined Space in Construction Standard National Safety Council Academic Advisory Board for EKU's College of Safety, 2010 — Current �`" 9i,uR. 1887 Scott M. McIntire, P.E. Current Role Quality Assurance Manager — Caldwell Tanks, Inc. 2003 - Present Primary duty is to oversee the Quality Assurance program at Caldwell Tanks' two fabrication plants (in Kentucky & Georgia) and the Field & Paint Operations nationwide. These duties include: (1) Directing company inspectors as required. (2) Evaluating and resolving issues or questions that occur. (3) Recommendation, evaluation, purchase and installation of shop and field equipment. Education: Bachelor in Mechanical Engineering 1981 (Co -Op) Georgia Institute of Technology Professional Experience: Operations Manager - Caldwell Tanks, Inc. 1999 — 2003 Primary duty is Department Head for Project Management. Other duties include: (1) Setting Job project schedule and ship dates for the Shop Operations at Newnan Plants. (2) Overseeing project to combine engineering departments. (3) Overseeing equipment purchase and installation of shop improvements. (4) Coordinate with past owner to close-out outstanding projects and "tie-up" loose ends. Vice President — Operations — Brown Steel Contractors, Inc. 1997 - 1999 Responsible for all Project Management, Engineering, Shop and Field Operations. Duties and accomplishments included: (1) Setting Field Schedule - which, in turn, dictated all other schedules. (2) Improved Shop and Field Performance while reducing injuries. (3) Reviewed all capital expense requests for my departments - submitting annual and updated capital expense budgets. (4) Remained very involved in Project Management and Engineering due to lack of experience in the departments. (5) Coordinated with Sales in determining bidding philosophy - i.e. acceptable margins based on current backlogs in the shop and field. Chief Production Engineer — Brown Steel Contractors, Inc. 1989 - 1997 Responsible for overseeing all drawing production and engineering issues. Standards used include AWWA-D100, API 650, API 620, FM and Customer Specifications. Duties and accomplishments included: (1) Partially automating drawing production - improving the quality, presentation and speed in which drawings were produced. (2) Developed and oversaw Die design for 1500 Ton Press. (3) Developed and oversaw the use of N.C. for all burning tables - including "flat plate" layout for dished segments. (4) Worked with Sales to improve accuracy of Sales preliminary design. Staff Engineer- Brown Steel Contractors, Inc. 1984 - 1988 Responsible of complete design and detailing of approximately 120 elevated water tanks and API tanks ranging in size from 50,000 gallon to 1.5 million. Designs included foundations, structural supports and standards. Also responsible for implementing the use of AutoCad in Engineering starting in 1987. Field Engineer - Brown Steel Contractors, Inc. 1983-1984 �`" 9i,uR. 1887 Worked on erection crews to obtain first hand knowledge of erection procedures and problems. Used this knowledge in all future engineering and operations management. Sales Engineer- Brown Steel Contractors, Inc. 1981- 1983 Reviewed plans and specifications for design requirements, developing a preliminary design used for estimating. Certification: Professional Engineering Registration (GA in 1985) NACE Certified Coatings Inspector — Level I I I AWS CWI Certified Welding Inspector SSPC — Quality Control Supervisor ICC General Building Contractor Affiliations: American Welding Society (AWS) NACE International The Society for Protective Coatings (SSPC) 018-0032 NAMED EQUIPMENT/MATERIAL SUPPLIER LIST: The Bidder shall indicate below which Supplier the Bidder intends to use to furnish, under the Bid, each item of equipment or material listed on this form by writing in one of the named suppliers specified in the Technical Specifications for that equipment or material. (Proposed substitutes may be listed on the Proposed Substitute Equipment/Material Supplier List form but will only be considered after award of the Contract.) If no supplier is named in the Technical Specifications, the Bidder may list any supplier whose product meets all the requirements and technical criteria specified. The listing of more than one supplier for each equipment/material to be furnished with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. EQUIPMENT / MATERIAL See attached listing of Suppliers SPEC SECTION SUPPLIER 8 - 00 41 43 BID FORM 018-0032 END OF SECTION 00 4143 This document is a MODIFIED version of EJCDC' C-410, Copyright © 2013 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. BID FORM 00 41 43 - 9 CAIDWEIL Since 1887 Water - Energy - Industrial MANUFACTURING/SUPPLIER LIST Contractor will acquire material and parts from the following manufacturers: Please see attached list. 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 I e V Since 1887 Water - Energy - industrial PLATE & COIL VENDOR INFORMATION VENDOR NAME ADDRESS PHONE FAX ARCELOR MITTAL STEEL 250 WEST US HWY 12 (860) 866-6399 BURNS HARBOR, IN 46304 TIFFANY 7AYNES (219)-787-7157 EVRAZ CLAYMONT STEEL 4001 PHILADELPHIA AVE. (302) 792-5400 CLAYMONT, DE 19703 PAM DOELZE NUCOR PLATE MILL P.O. BOX 279 (877) 626-8267 WINSTON, NC 27986 TIKEYLA POWELL (252) 356-3956 OLYMPIC STEEL, INC. 5080 RICHMOND RD (216) 533-9585 CLEVELAND, OH 44146 STEVE ENGLERT (216) 292-3513 SSAB — MONTPELIER 1770 BILL SHARP BLVD (877) 899-0294 MUSCATINE, IA 52761 BOB BYNUM NUCOR STEEL TUSCALOOSA, INC. 1700 HOLT ROAD N.E. (205) 562-1196 (205) 562-1711 TUSCALOOSA, AL 35404-1000 CANDI WEBSTER 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 I e V Since 1887 Water - Energy - industrial PIPE/TUBE & STRUCTURAL VENDOR INFORMATION VENDOR NAME ADDRESS PHONE FAX ALTON STEEL C/O SUROVEC P.O. BOX 750743 (937) 475-1627 DAYTON, OH 45475 DAVID SUROVEC (937) 435-1868 CMC STEEL FORMERLY SMI STEEL 101 SOUTH 50TI STREET (800) 621-0262 BIRMINGHAM, AL 35232 Libby (205) 591-4554 McJUNKIN RED MAN CORP 500 N. BROADWAY, STE 1600 (618) 219-9413 ST. LOUIS, MO 53547 KIETH RICHTER (314) 982-9395 MANDAL PIPE COMPANY P.O. BOX 2566 (770) 573-3022 LILBURN, GA 30048-2566 DAN NORTON (770) 979-3485 NUCOR STEEL — BERKELEY P.O. BOX 2259 (877) 722-3261 MOUNT PLEASANT, SC 29465 PATRICIA COOK (843) 336-6539 NUCOR — YAMATO STEEL COMPANY P.O. BOX 1228 (800) 289-6977 BLYTHEVILLE, AR 72316 LORI (870) 763-9107 AMERICAN PIPING PRODUCTS P.O. BOX 1479 (636) 730-3003 BALLWIN, MO 63022-0201 JOHN COPPLE (636) 394-9389 THOMAS PIPE & STEEL/EDGEN CORP. 488 PAUL AVENUE (800) 325-7909 ST. LOUIS, MO 63135 JOE RITTENDALE (314) 524-3110 EAGLE TUBULAR PRODUCTS 105 CHESSEN LN. (888) 558-1702 ALTON, IL 62002 DAVID VANDERGRIFF (618) 463-1755 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 I e V Since 1887 Water - Energy - industrial COATINGS/PAINT VENDOR INFORMATION VENDOR NAME ADDRESS PHONE FAX INDURON PROTECTIVE COATINGS P.O. BOX 2371 (800) 284-1029 BIRMINGHAM, AL 35201-2371 (205) 324-6942 J.D. PETRO & ASSOCIATES, INC. P.O. BOX 420 (877) 348-8427 (TNEMEC COMPANY) FRANKLIN, IN 46131 JERRY PETRO/FAYE (317) 736-9120 PORTER PAINTS P.O. BOX 534 (502) 588-9640 801 SOUTH THIRD LOUISVILLE, KY 40203 BILL THOMPSON (502) 588-9801 SHERWIN-WILLIAMS/POPLAR 4702A POPLAR LEVEL ROAD (502) 969-1125 LOUISVILLE, KY 40213 (502)969-1058 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 I e V Since 1887 Water - Energy - industrial SAFETY CLIMB VENDOR INFORMATION VENDOR NAME ADDRESS PHONE FAX CAPITAL SAFETY USA 3833 SALA WAY (800) 328-6146 RED WING, MN 55066-5005 KIM KRIE EXT: 6201 (651) 388-5065 FRENCHCREEK PRODUCTION INC. 626 13TH STREET (877) 228-9327 FRANKLIN, PA 16323 CHRIS WILLIAMS (814) 437-2544 NORTH SAFETY PRODUCTS LTD. 26 DANSK COURT (800) 836-8006 TORONTO, ON M9W 5V8 (888) 667-8477 4000 Tower Road Louisville, KY 40219 P: 502-964-3361 F: 502-966-8732 57 East Broad Street Newnan, GA 30263 P: 770-253-3232 F: 770-251-9253 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS: 018-0032 The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state who, under subcontract to the prime contractor, specially fabricated and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Subcontractor Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1. Civil Construction 2. Field Coatings 3 Electrical 4. 5. 6. 7. 0088070622 0402320622 39648 Note: Attach additional sheets if required. Ozark MTN. Construction 19% 1002 Artis Lane Conway, AR 72034 5% Currens Construction Services Harrodsburg, KY 40330 Brothers Electric 1 2% 16649 Payne Road Conroe, Texas 77302 BID FORM 0041 43 - 7 SECTION 00 43 13 - BID BOND KNOW ALL MEN BY THESE PRESENTS: that we Caldwell Tanks, Inc. 4000 Tower Road Louisville, KY 40219 as Principal, hereinafter called the Principal, and Great American Insurance Comp 301 E. 4th Street Cincinnati. OH 45202 a corporation duly organized under the laws of the State of Ohio hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, Arkansas 72701 018-0032 as Surety, as Obligee, hereinafter called Owner, in the sum of --- (Five Percent of Bid Amount)------------- ----------------------------------------------- Dollars ($5% of Bid Amount), for the payment of which sum, well and truly to be made, Principal and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted a Bid for: CONSTRUCTION - TOWNSHIP PRESSURE PLANE — PHASE 1-TOWNSHIP TANK IMPROVEMENTS NOW, THEREFORE, if the Owner shall accept the Bid of Principal and the Principal shall enter into a Contract with the Owner in accordance with the terms of such Bid, and give such Bond or Bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the Owner the difference not to exceed the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of July 2021 BID BOND 00 43 13 - 1 018-0032 PRINCIPAI Caldwell Tanks. Inc. By (SiKrratu re) Eric W. Monske, Sales Manager (Type or print) (CORE•SEAL)• U , GpRPpRgr . Z n- ��SEAL 45 &teat SURETYvn,4nau4a/x�67, 1 By E=G� (Signature) Cherie Brewer (Type or print) ATTORNEY -IN -FACT (CORPORATE SEAL" By - (Sig at e) Jo ark Strader/Attorney-in-Fact (Type or print) This Bond shall be accompanied with Attorney-in-Fact's authority from Surety END OF SECTION 00 43 13 00 43 13 - 2 BID BOND GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 0' FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.() 21502 POWER OFATTORNEY KNOWALLMEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power PHILIP D. ANDERTON ALL OF ALL BRIAN CRAWFORD LOUISVILLE, $100,000,000 NED BOOKER KENTUCKY CHERIE BREWER JOHN MARK STRADER This Power ofAttorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1ST day of FEBRUARY 2021 Attest GREAT AMERICAN INSU NCECOMPANY Assisianl Secretary Divisional Senior rice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VICAR) (877-377-2405) On this 1ST day of FEBRUARY 2021 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal ofthe said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST Notary Public r State of Ohio °6 My Comm. EVIres May 18, 2025 This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authortzed, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety. any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other it,ritten obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and s ;Resp)utions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. . Signed and sealed this ^. S30'29AFI.(03/20) i 14th day of July 2021 4 4, 'r' :3 A.ssislanl Secretary �~ Responses Success: All data is valid! Numeric Estimated Quantity Unit of Measurement Unit Price Total Cost Success: All values provided #0-1 Mobilization - Shall not exceed 5 % of total bid 1 Lump Sum $ 120,000.00 $ 120,000.00 Lump Sum $ 11,500.00 $ 11,500.00 Success: All values provided #0-2 Bonds and Insurance 1 Lump Sum $ 2,052,950.00 $ 2,052,950.00 Success: All values provided #0-3 250,000 Gallon Elevated Composite Tank, complete in place 1 Lump Sum $ 55,300.00 $ 55,300.00 Success: All values provided #04 Existing Township Tank Demolition 1 Success: All values provided #0-5 Township Tank Site New Ashphalt Driveways, complete in place 2750 Square Yard $ 25.00 $ 68,750.00 Lump Sum $ 12,000.00 $ 12,000.00 Success: All values provided #0-6 Property Owner Consessions/Requests, complete in place 1 Lump Sum $ 3,000.00 $ 3,000.00 Success: All values provided #0-7 Sediment and Erosion Controls 1 Trench and Excavation Safety Systems, as Success: All values provided #0-8 required by Act 291 of the 1993 Arkansas 1 Lump Sum $ 1,500.00 $ 1,500.00 General Assembly 7/14/2021 Back to Project Proposal Data Bid 21-60, Construction - Township Tank Improvements - Proposal Data Supplier Caldwell Tanks, Inc. Scorecard Landmark Structures Scorecard Open... Phoenix Fabricators and Erectors, LLC Scorecard Open... AR Secretary of State Arkansas Contractor's Filing # License # 0028840422 Yes 0093380522 Yes 0034100421 Yes Show/H� (*76 Search Pursuant Arkansas Code Annotated §25-1-503, the currently boycott Israel and will not boycott Israel i or while in contract, with any public entity as defin, contractor decides to boycott Israel, the contractor writing. https://Fayetteville-ar.bonfirehub.com/projects/46778/proposal Data 1 /1 AMENDMENT NO. 5 To AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And OLSSON, INC. (formerly McGOODWIN, WILLIAMS, AND YATES, a DIVISION OF OLSSON ASSOCIATES) EAST FAYETTEVILLE AND TOWNSHIP PRESSURE PLANE IMPROVEMENTS WHEREAS, on January 2, 2018, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and Olsson (formerly McGoodwin, Williams and Yates, a Division of Olsson Associates) of Fayetteville, Arkansas (ENGINEER) entered into an Agreement for engineering services in connection with the East Fayetteville and Township Pressure Plane Improvements (the "Project"); and WHEREAS, on August 13, 2018, the CITY OF FAYETTEVILLE and the ENGINEER agreed to Amendment No.1 that included the ENGINEER providing services in connection with the evaluation, design and/or construction administration for a 12-inch waterline along Highway 45; and WHEREAS, on December 3, 2019, the CITY OF FAYETTEVILLE and the ENGINEER agreed to Amendment No.2 that included the ENGINEER providing additional services for the East Fayetteville and Township Pressure Plane Improvements. The work included meetings with Washington County Road Dept., Arkansas Department of Health, property owners, East Fayetteville Contract Section I redesign, geo-technical borings for the new Gulley Rd. and Township tanks, easement acquisition services, and miscellaneous analyses and infrastructure designs; and WHEREAS, on August 4, 2020, the CITY OF FAYETTEVILLE and the Engineer agreed to Amendment No.3 that included the Engineer providing Construction Administration services for the East Fayetteville Service Area Improvements, Contract Section II New Elevated Water Tank project. The work includes project management, onsite meetings with contractor, field survey staking, observation of construction, and field and lab material testing; and WHEREAS, on October 6, 2020, the CITY OF FAYETTEVILLE and the Engineer agreed to Amendment No.4 that included the Engineer providing Construction Administration services for the East Fayetteville Service Area Improvements, Contract Section I Existing Infrastructure Modifications project. The work shall include project management, onsite meetings with contractor, field survey staking, observation of construction, and field and lab material testing; and WHEREAS, the CITY OF FAYETTEVILLE now wishes to increase the scope of work to include Construction Administration services for the Township Pressure Plane Improvements — Phase 1 project as well as the Richland Creek Crossing. The work shall include project management, onsite meetings with contractor, field survey staking, observation of construction, and field and lab material testing. Scope of work to also include additional design services for the East Fayetteville Service Area Improvements, Contract Section III New Pump Station and Waterline Improvements, creation of standalone projects for the Township Pressure Plane Improvements and Richland Creek Crossing, survey and design of an 8-inch waterline along Sassafras Hill Road and geo-technical borings at Richland Creek; and WHEREAS, the current Agreement must now be amended to provide the additional scope and amount of compensation to the ENGINEER for the additional work; and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and the ENGINEER, the parties hereto, stipulate and agree that the Agreement for 018-0031 & 018-0032 Amendment No.5 Page 1 Engineering Services dated January 2, 2018, and amended on August 13, 2018, December 3, 2019, August 4, 2020 and October 6, 2020 is hereby amended in the following particulars: SECTION 5 — PAYMENTS TO ENGINEER 5.1 The maximum not -to -exceed amount authorized for this Agreement is $1,294,605.00. The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump Sum basis as described in Appendix A. APPENDIX A — SCOPE OF SERVICES Add the following Paragraphs: A.2.6 Construction Administration Services — Township Pressure Plane Improvements — Phase 1: Olsson shall provide a suitable staff to perform the Construction Administration services for the Township Pressure Plane Improvements. Work includes the following: Project Management — Includes submittals, RFI's, change orders, work change directives, review of contractors monthly pay estimates, etc. Services also include coordination with contractor, preparation and attending a kick-off meeting as well as monthly progress meetings and Engineer site visits. Survey — Includes constructing staking at the new tank site. Resident Project Representative (RPR) — Duties of RPR include project observation and reporting construction activity to Engineer, maintaining record of construction activity, performing field material testing including concrete slump, air content, etc. tests, making concrete cylinders for strength tests, and soil density testing. Scope based on RPR on site approximately four (4) hours per day during construction activities. 4. Material Lab Tests — Work includes concrete cylinder breaks, grout prisms, soil and aggregate proctors, gradation and Atterberg tests. Post Construction — Work includes creation of project close-out documents, site visit/final walk through, plans of record, etc. Work included separating plans and specifications to create two (2) standalone projects: a. Phase 1 — Township Tank b. Phase 2 — Pump Station and Waterline Improvements Compensation for these tasks are based on a construction timeline of 510 days to Substantial Completion and 540 days to Final Completion. If project construction runs longer that the aforementioned times, ENGINEER shall invoice CITY OF FAYETTEVILLE the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. ENGINEER shall not commence work without CITY OF FAYETTEVILLE'S prior written approval. The staff shall consist of engineers, engineering technicians, and other assistants as may be necessary to carry on the work in an efficient and expeditious manner. A.2.7 Design Services — East Fayetteville Service Area Improvements, Contract Section III: 018-0031 & 018-0032 Amendment No.5 Page 2 Olsson shall provide a suitable staff to perform the Design services for the East Fayetteville Service Area Improvements, Contract Section III. Work includes the following: Design of new 8-inch waterline including connections into existing distribution system along Sassafras Hill Road and separating plans and specifications to create a new standalone Richland Creek Crossing project. A.2.8 Construction Administration Services — Richland Creek Crossing: Olsson shall provide a suitable staff to perform the Construction Administration services for the Richland Creek Crossing. Work includes the following: Project Management — Includes submittals, RFI's, change orders, work change directives, review of contractors monthly pay estimates, etc. Services also include coordination with contractor, preparation and attending a kick-off meeting as well as monthly progress meetings and Engineer site visits. Survey — Includes constructing staking. Resident Project Representative (RPR) — Duties of RPR include project observation and reporting construction activity to Engineer, maintaining record of construction activity, performing field material testing including concrete slump, air content, etc. tests, making concrete cylinders for strength tests, and soil density testing. Scope based on RPR on site approximately two (2) hours per day during construction activities. 4. Material Lab Tests — Work includes concrete cylinder breaks, grout prisms, soil and aggregate proctors, gradation and Atterberg tests. Post Construction — Work includes creation of project close-out documents, site visit/final walk through, plans of record, etc. Work included geotechnical borings (2 total) at Richland Creek. Compensation for these tasks are based on a construction timeline of 90 days to Substantial Completion and 120 days to Final Completion. If project construction runs longer that the aforementioned times, ENGINEER shall invoice CITY OF FAYETTEVILLE the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. ENGINEER shall not commence work without CITY OF FAYETTEVILLE' S prior written approval. The staff shall consist of engineers, engineering technicians, and other assistants as may be necessary to carry on the work in an efficient and expeditious manner. A.4 Compensation Add the following Paragraphs: A.4.5 Construction Administration Services — Township Pressure Plane Improvements — Phase 1: The maximum not -to -exceed amount for services described in Section A.2.6 Construction Administration Services — Township Pressure Plane Improvements is $223,200.00. A.4.6 Design Services — East Fayetteville Service Area Improvements, Contract Section III: 018-0031 & 018-0032 Amendment No-5 Page 3 2. The maximum not -to -exceed amount for services described in Section A.2.7 Design Services — East Fayetteville Service Area Improvements is $16,300.00. A.4.7 Construction Administration Services — Richland Creek Crossing: 3. The maximum not -to -exceed amount for services described in Section A.2.6 Construction Administration Services — Township Pressure Plane Improvements is $72,500.00. For clarification purposes, Amendment No. 5 increases the maximum not -to -exceed amount of the project by $312,000.00. IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and ENGINEER, by its authorized officer have caused this Amendment to be duly executed this day of , 2021. CITY OF FAYETTEVILLE, ARKANSAS By: Mayor, Lioneld Jordan ATTEST: By: City Clerk OLSSON, INC. A74 W. Chris Hall, P.E. Team Leader By: Q b IJ Brad Hammond, Office Leader END OF AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES 018-0031 & 018-0032 Amendment No.5 Page 4 olsson 6 Date: 02-Aug-21 Job: East Service Area & Township Tank Improvements TOTALS Phase/ Task Description of Work Total Man -Days Total Labor Fee Total Expense Fee Total Fee 100 Township Improvements - Construction Administration Project Management 29.00 $ 32,100.00 $ $ 32,100.00 Submittals 6.25 $ 5,882.00 $ $ 5,882.00 Change Orders, RFI's & Work Change Directives 5.25 $ 5,572.00 $ 143.75 $ 5,715.75 Kick -Off and Progress Meetings 11.63 $ 13,305.00 $ 189.50 $ 13,494.50 Property Owner Meetings 3.50 $ 4,620.00 $ - $ 4,620.00 Survey - Construction Staking 2.50 $ 2,000.00 $ $ 2,000.00 Electrical - KCN 4.00 $ 5,000.00 $ $ 5,000.00 Instrument & Control - LNK 3.00 $ 3,500.00 $ $ 3,500.00 Inspection/Field Material Testing 140.00 $ 108,000.00 $ $ 108,000.00 Lab/Field Material Testing (Asphalt, Concrete, Subgrade) 8.00 $ 10,000.00 $ 7,980.00 $ 17,980.00 Project Closeout/Post Construction Services 8.25 $ 8,490.00 $ 189.50 $ 8,679.50 200 Township Plans & Specifications Separation Phase 1 -Tank 8.25 $ 8,500.00 $ - $ 8,500.00 Phase 2 - Pump Station & Waterlines 7.50 $ 7,732.00 $ $ 7,732.00 300 Richland Creek Crossing Richland Creek Borings 6.00 $ 6,450.00 $ $ 6,450.00 Plans & Specs. Separation 6.25 $ 6,590.00 $ $ 6,590.00 Bid & Preconstruction 6.50 $ 7,300.00 $ $ 7,300.00 Construction Admin. Project Management 20.25 $ 22,038.00 $ $ 22,038.00 Survey - Construction Staking 2.00 $ 2,000.00 $ $ 2,000.00 Inspection/Field Material Testing 27.00 $ 20,500.00 $ $ 20,500.00 Lab/Field Material Testing (Concrete, Subgrade) 2.50 $ 1,500.00 $ 500.00 $ 2,000.00 Project Closeout/Post Construction Services 5.50 $ 5,630.00 $ - $ 5,630.00 400 Sassafras Hill Rd. 8" Waterline Engineering Design 6.25 $ 5,838.00 $ $ 5,838.00 Survey 3.50 $ 4,000.00 $ $ 4,000.00 500 CSIII Pump Station & Waterlines Plans & Specs. Separation 6.00 $ 6,480.00 $ $ 6,480.00 GRAND TOTAL (rounded) 328.88 $ 303,027.00 $ 9,002.75 $ 312,000.00 CITY OF FAYETTEVILLE ARKANSASs Change Order No. To Contractor: Midland Industrial Services, LLC The Contract is changed as follows: CHANGE ORDER Contract Title Date of Issuance: Bid 20-30, Construction, Noland WWTP Electrical Upgrades ORDINANCE/RESOLUTION: 160-20 Effective: June 4, 2020 August 4, 2021 Bid Bid Previous Unit Contract Revised Revised Original Revised Item Item Estimated of Unit Estimated Unit Estimated Estimated No. Description Quantity Measure Price Quantity Price Cost Cost #1-1 Backup Generators 1 LS $ 53,724.00 1 $ 53,724.00 $ 53,724.00 $ 53,724.00 #1-2 All remaining 15kV equipment for functional s stem 1 LS $ 15,072.00 1 $ 15,072.00 $ 15,072.00 $ 15,072.00 #1-3 Labor & Material to install Metal Building at Aeration Basin 1 LS $ 10,372.00 1 $ 10,372.00 $ 10,372.00 $ 10,372.00 #1-4 Material Only 480-volt switchgear 1 LS $ 324,860.00 1 $ 324,860.00 $ 324,860.00 $ 324,860.00 #1-5 All 480-volt equipment - LABOR 1 LS $ 175,000.00 1 $ 175,000.00 $ 175,000.00 $ 175,000.00 #1-6 All 480-volt equipment - MATERIALS 1 LS $ 139,255.00 1 $ 139,255.00 $ 139,255.00 $ 139,255.00 #1-7 Mobilization 1 LS $ 47,598.40 1 $ 47,598.40 $ 47,598.40 $ 47,598.40 #1-8 Bonding & Insurance 1 LS $ 17,500.00 1 $ 17,500.00 $ 17,500.00 $ 17,500.00 #2-1 INSTALL 4/0 URD-AL 15kV CONDUCTOR 5355 LF $ 4.80 5355 $ 4.80 $ 25,704.00 $ 25,704.00 #2-2 15-UG17-1500 4 EA $ 5,357.00 4 $ 5,357.00 $ 21,428.00 $ 21,428.00 #2-3 15-UG17-750 2 EA $ 5,357.00 2 $ 5,357.00 $ 10,714.00 $ 10,714.00 #2-4 15-UG17-500 4 EA $ 5,357.00 4 $ 5,357.00 $ 21,428.00 $ 21,428.00 #2-5 PAD WORK (Labor and material) 8 EA $ 4,263.00 8 $ 4,263.00 $ 34,104.00 $ 34,104.00 #2-6 UC 1 1 EA $ - 1 $ - $ - $ - #2-7 15-UM33A 1 EA $ 8,995.00 1 $ 8,995.00 $ 8,995.00 $ 8,995.00 #2-8 UM48-2 13 EA $ 442.00 13 $ 442.00 $ 5,746.00 $ 5,746.00 #2-9 VISTA-413 1 EA $ 17,930.00 1 $ 17,930.00 $ 17,930.00 $ 17,930.00 #2-10 VISTA-624 1 EA $ 20,229.00 1 $ 20,229.00 $ 20,229.00 $ 20,229.00 #2-11 4" CONDUIT 95 FT $ 27.00 95 $ 27.00 $ 2,565.00 $ 2,565.00 #2-12 REMOVE #4 AWG 1445 LF $ 3.01 1445 $ 3.01 $ 4,349.45 $ 4,349.45 #2-13 REMOVE 1/0 AWG 130 LF $ 3.00 130 $ 3.00 $ 390.00 $ 390.00 Page 1 of 3 #2-14 REMOVE 4/0 URD-AL 15kV CONDUCTOR 5370 LF $ 4.00 5370 $ 4.00 $ 21,480.00 $ 21,480.00 #2-15 REMOVE UG17-1500 6 EA $ 4,533.00 6 $ 4,533.00 $ 27,198.00 $ 27,198.00 #2-16 REMOVE UG17-500 4 EA $ 4,725.00 4 $ 4,725.00 $ 18,900.00 $ 18,900.00 #2-17 REMOVE UC1 1 EA $ - 1 $ - $ - $ - #2-18 REMOVE UM3E-3 2 EA $ 4,725.00 2 $ 4,725.00 $ 9,450.00 $ 9,450.00 #2-19 REMOVE UM48-2 1 EA $ 2,500.00 1 $ 2,500.00 $ 2,500.00 $ 2,500.00 Demo, provide, and install (170' x 3) 510' Med. COL1 Voltage Cable; Switchgear 100 to new vault in front 1 LS $ 12,936.88 1 $ 12,936.88 $ 12,936.88 $ 12,936.88 of headworks CO1.2 Terminations; Switchgear 100 to new vault in front 1 LS $ 19,369.32 1 $ 19,369.32 $ 19,369.32 $ 19,369.32 of headworks CO1.3 Confined Space; Switchgear 100 to new vault in 1 LS $ 15,689.75 1 $ 15,689.75 $ 15,689.75 $ 15,689.75 front of headworks Demo, provide, and install (500' x 3) 1500' Med. CO1.4 Voltage Cable; New vault in front of headworks to 1 LS $ 12,781.25 1 $ 12,781.25 $ 12,781.25 $ 12,781.25 switch ear 102 CO 1.5 Terminations; New vault in front of headworks to 1 LS $ 18,208.72 1 $ 18,208.72 $ 18,208.72 $ 18,208.72 switch ear 102 CO 1.6 Confined Space; New vault in front of headworks to 1 LS $ 16,935.62 1 $ 12,143.06 $ 16,935.62 $ 12,143.06 switch ear 102 Demo, provide, and install (425' x 3 x 2) 2550' CO1.7 Med. Voltage Cable; Switchgear 102 to Blower 1 LS $ 44,684.38 1 $ 44,684.38 $ 44,684.38 $ 44,684.38 Bldg. Transformers CO1.8 Terminations; Switchgear 102 to Blower Bldg. 1 LS $ 16,210.00 1 $ 16,210.00 $ 16,210.00 $ 16,210.00 Transformers CO1.9 Confined Space; Switchgear 102 to Blower Bldg. 1 LS $ 14,093.75 1 $ 14,093.75 $ 14,093.75 $ 14,093.75 Transformers Demo, provide, and install (45' x 3) 135' Med. CO1.10 Voltage Cable; Switchgear 102 to Old Ops Bldg. 1 LS $ 7,100.19 1 $ 7,100.19 $ 7,100.19 $ 7,100.19 Transformer CO1.11 Terminations; Switchgear 102 to Old Ops Bldg. 1 LS $ 16,210.00 1 $ 16,210.00 $ 16,210.00 $ 16,210.00 Transformer Demo, provide, and install (250' x 3 x 2) 1500' CO1.12 Med. Voltage Cable, Conduit, cut outs at pole; 1 LS $ 28,343.75 1 $ 28,343.75 $ 28,343.75 $ 28,343.75 Effluent Pump Station Transformer COL13 Terminations/Testing; Switchgear 102 to Old Ops 1 LS $ 16,598.11 1 $ 16,598.11 $ 16,598.11 $ 16,598.11 Bldg. Transformer Demo, provide, and install (150' x 3 x 2) 900' CO1.14 Med. Voltage Cable; PMH19 Switchgear @ 1 LS $ 19,006.25 1 $ 19,006.25 $ 19,006.25 $ 19,006.25 Aeration to Ozone Bldg. Page 2 of 3 CO1.15 Terminations/Testing; PMH19 Switchgear @ 1 LS $ 15,898.40 1 $ 15,898.40 $ 15,898.40 $ 15,898.40 Aeration to Ozone Bldg. Demo, provide, and install (60' x 3 x 2) 360' Med. CO1.16 Voltage Cable; PMH19 Switchgear to Aeration 1 LS $ 10,602.50 1 $ 10,602.50 $ 10,602.50 $ 10,602.50 Bldg. Transformers CO 1.17 Terminations/Testing; PMH19 Switchgear to 1 LS $ 16,396.14 1 $ 16,396.14 $ 16,396.14 $ 16,396.14 Aeration Bldg. Transformers C01.18 New Enclosures at vista switches and effluent 1 LS $ 5,435.25 1 $ 5,435.25 $ 5,435.25 $ 5,435.25 pump station. C01.19 Building size and concrete pad increased at aeration 1 LS $ 5,096.00 1 $ 5,096.00 $ 5,096.00 $ 5,096.00 basin CO1.20 Additional concrete work at influent pump station 1 LS $ 8,963.58 1 $ 8,963.58 $ 8,963.58 $ 8,963.58 CO1.21 Additional concrete work at old ops building. 1 LS $ 12,758.45 1 $ 12,758.45 $ 12,758.45 $ 12,758.45 CO1.22 Additional concrete work at effluent pump station. 1 LS $ 12,968.23 1 $ 12,968.23 $ 12,968.23 $ 12,968.23 CO1.23 Relocate 480/120 transformer at ozone building. 1 LS $ 3,528.47 1 $ 3,528.47 $ 3,528.47 $ 3,528.47 Work Change Directives in Field at Ozone CO2.1 Building, Blower Building, and High Voltage 0 LS $ - 1 $ 6,713.00 $ - $ 6,713.00 Reconfiguration breakdown attached Summation of Cost $ 1,386,306.84 $ 1,388,227.28 Net Cost for this Change Order $1,920.44 Not valid until signed by the Owner The original Contract Price was $ 1,036,491.85 Net change by previously authorized change orders _ $ 349,814.99 The Contract Price prior to this Change Order was $ 1,386,306.84 The Contract Price will [increase by] ] $ 1,920.44 The new Contract Price including this Change Order will be $ 1,388,227.28 The Contract Time(s) will [increased by] 60 calendar days Required dates of Completion as of the date of this Change Order therefore are: Substantial Completion 3/28/2021 FinalCompletion•----------------------------------------------------------------------------------------------- 4/27/2021 NOTE: This summary does not reflect changes in the Contract Price or Time(s) which have been authorized by Work Change Directives not incorporated in this or previous Change Orders. Midland Industrial Services, LLC IM CITY OF FAYETTEVILLE DATE BY DATE Page 3 of 3 r PINNACLE OZONE SOLUTIONS, LLC 2971-A Oxbow Circle Cocoa, FL 32926 Ph: 321-205-1717 Quoted By Bobo Chandler Quote To Bill To Name City of Fayetteville, AR Contact Name Austin Ramsfield 46.00 90470, Quad Block Heat Sink Fan (1 required per quad) 2.00 I Quad Block GEN2 Refurb Reference Created Date 8/4/2021 Quote Number 00000110 Expiration Date 9/30/2021 1.00 Service trip 5.00 I VQZ2353YZ1, SOLENOID VALVE, 3 PORT BASE MOUNT, 120VAC Totals Subtotal Shipping and Handling Grand Total Notes and comments Payment Terms: COD. We accept Credit Cards, Wire or ACH payment. FOB: Guardian Ozone, Inc Customer is responsible for all shipping charges and all applicable sales and use taxes. 90470 $68.00 $3,128.00 Quad Block GEN2 Refurb $3,000.00 $6,000.00 Service trip $0.00 $9,632.00 VQZ2353YZ1 $92.95 $464.75 $19,224.75 $719.40 $19,944.15 Jacobs Fayetteville Client Monthly Report for June 2021 July 20, 2021 City of Fayetteville CITY OF FAYETTEVILLE r4W ARKANSAS West Side WRRF Nature Scape Bluebird SuperGourd@amongnative wildflowers I Jacobs Fayetteville Client Monthly Report for June 2021 ;aco S Contents ExecutiveSummary..................................................................................................................................................ii 1. Plant Operations.........................................................................................................................................ii 1.1 Process Control........................................................................................................................................................... 3 1.2 Biosolids Process........................................................................................................................................................3 1.3 Compliance.................................................................................................................................................................. 3 1.4 Successes...................................................................................................................................................................... 3 1.5 Issues/Resolutions.................................................................................................................................................... 4 1.6 Revenue.........................................................................................................................................................................4 Table 1-1: Revenue generated from the BMS...............................................................................................................4 Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR.......................................................5 2. Maintenance................................................................................................................................................6 2.1 West Side....................................................................................................................................................................... 6 2.2 Noland............................................................................................................................................................................6 2.3 Lift Stations..................................................................................................................................................................7 2.4 Key Performance Indicators/Measures.............................................................................................................8 Figure 2-1: Labor Hours by Work Order Type................................................................................................................8 Figure2-2: Work Order Count by Type.............................................................................................................................8 2.5 Capital Improvement Projects(CIP)...................................................................................................................9 3. Laboratory/Industrial Pretreatment...................................................................................................10 Table 3-1: Revenue generated from the Industrial Pretreatment Program(IPP)........................................ 11 Figure 3-1: IPP revenue total from surcharges, fees, and fines........................................................................... 11 Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month .......................................... 11 4. Woolsey Wet Prairie................................................................................................................................12 12 12 5. Community Outreach.............................................................................................................................13 6. Sustainability............................................................................................................................................14 7. Health & Safety/Training.......................................................................................................................16 Appendix A. Additional Information.................................................................................................................17 A.1 Effluent & Influent Data....................................................................................................................................... 17 Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for June 2021 .;acobs Executive Summary The project performed well this month. The unseasonably wet and cold spring gave way to a robust summer season, providing both massive growth in the hay crop and the need to begin the hay season in earnest. The entire local area experienced a late harvest this year. BMS is fully utilizing the daylight for harvest activity. We are also catching up with our finances as we have experienced unplanned costs in the generator repair and additional SCADA costs. For the month of June, we have forecasted a $45,309 budget overrun. The overage is $37,208 for labor and $8,102 for non -labor. The financial report shows we are under budget by $168,892. Our forecasting model places us at $45K over budget. The graph below shows the values discussed. BUDGET ACTUALS VARIANCE FORECAST PROJECTED VARIANCE Direct Labor $1,714,351 $1,746,705 $32,355 $32,355 $32,355 Labor Markup, 15% $257,153 $262,006 $4,853 $4,853 $4,853 Total Labor $1,971,503 $2,008,711 $37,208 $37,208 $37,208 Direct Non -Labor Expense $1,485,437 Expense Markup, 10% $148,544 Total Expense $1,633,980 Fixed Fee $64,044 $1,298,073 $(187,364) $1,492,802 $7,365 $129,807 $(18,736) $149,280 $737 $1,427,880 $(206,100) $1,642,082 $8,102 $64,044 Grand Total 1 $3,669,527 $3,500,635 $(168,892) $45,309 Jacobs — Fayetteville Project ON Jacobs Fayetteville Client Monthly Report for June 2021 jaco S 1. Plant Operations The Noland and West Side Water Resource Recovery Facilities (WRRF) effluent discharges were 100% in compliance with the National Pollutant Discharge Elimination System (NPDES) permit. Details of effluent quality and influent loadings are shown in Appendix A. 1.1 Process Control Noland During the month of June, the Noland WRRF fed a total of 1,900 gallons of alum to the secondary clarifiers due to elevated phosphorus levels in the secondary effluent caused by excess solids inventory. Wasting was increased by 40% to reduce the excess inventory and one of three secondary clarifiers was then taken offline. This reduced the detention time and minimized phosphorus release in the secondary clarifiers. Alum feed was suspended and phosphorus levels have since been maintained within target perimeters. West Side The seasonal increase in basin temperatures required close monitoring of the wasting rate and return activated sludge (RAS) rates to maintain a proper food to microorganism (F:M) ratio. Operations has begun utilizing the EQ basin to maintain a more consistent loading rate though the bioprocess during periods of Low flow. During the month of June, the West Side WRRF experienced a total of 3.42 inches of rain. Elevated influent flows peaked at 32.75 million gallons on the 1st. 1.2 Biosolids Process The WRRF's produced 2,096 wet tons of biosolids with approximately 461 wet tons of biosolids applied into the solar houses prior to the thermal dryer and 1,634 wet tons processed directly through the thermal dryer. The thermal dryer experienced no downtime, so no biosolids were transferred to area of landfills. The biosolids drying operation avoided an estimated $60,938 in disposal costs this month, compared to if all biosolids were landfill disposed. 1.3 Compliance Whole Effluent Toxicity (WET) samples were collected June 20-25 for the Goose Creek outfall at the West Side facility to complete a WET Screening test as outlined in the THE Plan. The test passed showing no toxicity to the Pimephales promelos, fathead minnow. An estimated 35 gallons of diesel fuel spilled due to a fuel tank rupture as a result of pump vibration. Jacobs compliance experts were informed about the issue and their advice was put compliance report protocol into action immediately. Soil remediation procedures were performed and a city pump was brought on site to fulfill the duties of the Godwin pump and the site pump station while they were offline. A compliance report was sent to ADEQ outlining the details of the spill. 1.4 Successes Several repairs were completed this month as back -ordered parts and delayed shipments arrived. Key components included new parts for the belt filter press doctor blade assembly and a new Lipactor unit. Jacobs — Fayetteville Project ON Jacobs Fayetteville Client Monthly Report for June 2021 jaco S June marked the beginning of summer peak load -shedding. This process saves the City of Fayetteville an estimated $250,000 in electrical cost annually. The Noland WRRF, Westside WRRF and Hamestring lift station generators ran under load for a total of 3480 min/58hrs during the month of June. The BMS operation sold $5,734 in fertilizer. In addition to this, no trips to the landfill were made during the month of June. Hay operations are moving along, and hay is expected to be sold soon. 1.5 Issues/Resolutions Burnt wiring in both EQ basin jet mixer pumps resulted in the discovery of phase faults. New parts were installed, and the equipment is back in normal operation. Technicians from Bertrem Products, Inc. were on site this month to complete repairs on the effluent valve for sand filter #2. Repair was successful and the effluent valve is functioning properly. A portable generator was installed at the Noland WRRF to allow the facility to remain off the power grid during the appropriate load -shedding times. Repairs to the main generator were completed by the second week of June and normal operation resumed without issue. A pump issue was addressed at BMS during the month of June. The dry well sump pump stopped pumping and could not handle the load of water entering the facility for drying operations. Maintenance responded and resolved the problem. A new liner was installed in Unit 9280. Faults introduced during the installation made the liner come out, so it was reinstalled with more support. 1.6 Revenue Product Hay Fertilizer Water TreatmenLI Table 1-1: Revenue generated from the BMS Tons Sold/Received 0 286.72 Revenue Generated $0 $5,734.40 $0 Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for June 2021 $50,000 $40,000 $30,000 $20,000 $10,000 .;acobs Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR Revenue Generated Biosolids Management Site F, Fk FI-i m tA 40 F O Monthly 2020 O Monthly 2021 Cumulative 2021 Jacobs — Fayetteville Project 5 Jacobs Fayetteville Client Monthly Report for June 2021 2. Maintenance 2.1 West Side .;acobs Upon Artesis monitoring of the jet mixer motors, a heat stress issue was revealed when the panel was removed to connect the CT's and clamp leads. The contactor exhibited signs of heat stress with darkened spots and melted feeder wires. This is the original equipment from the 2008 facility start-up. Research on the amperage rating of the contactor indicated it was designed for a 75 hp motor rated at 115 FLA. The contactors should have been sized for a 100 Hp motor rated at 150 FLA. Both contactors were replaced, and wires were repaired to correct the issue. West Side Jet Mixer Motors Heat stress found during Artesis monitoring 2.2 Noland Paladino Construction completed the concrete structure liner replacement on the sodium hypochlorite tank containment. After the last coating was applied, the grating supports were reinstalled and anchored down. Liner Replacement on Noland Sodium Hypochlorite Tank Jacobs — Fayetteville Project MI Jacobs Fayetteville Client Monthly Report for June 2021 jaco S Modifications to the electrical distribution system on the wet well of influent pump station 02 were completed. The conduits in the concrete slab were rusted through and would not allow the SO cable to be pulled to the junction box for termination. The project was evaluated to plot the core area. A 24" X 5" hole was core drilled into the side of the wet well and a 3" conduit was installed to accept the SO cable from the pump. The original junction box was under -sized for the conductors, so a 16"X16" NEMA 4X box was installed. Two conduits were cut flush with the concrete and will be filled with grout. Modifications completed on Noland influent pump station electrical distribution system 2.3 Lift Stations Lift Station 19 The staff installed three new safety disconnects for each pump. This has been an ongoing project to eliminate the entry of hydrogen sulfide into the main control panel. The original conduit was piped directly from the wet well to the control panel allowing the gases to destroy the electrical components. The conduit has seal -offs installed with duck seal, but the gases still infiltrated the cabinet. Lift Station 19 New safety disconnects installed Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for June 2021 2.4 Key Performance Indicators/Measures 105.11, 5% ❑ 551.76, 289 76.63, 4' ❑ administrative Figure 2-1: Labor Hours by Work Order Type ❑ 0.00, 0% ❑ 182.42, 9% ❑ corrective maintenance emergency ❑ corrective maintenance non emergency corrective maintenance from pm/pdm ❑ preventive maintenance project ❑ safety 00, 2% .;acobs ❑ administrative ❑ corrective maintenance emergency ❑ corrective maintenance non emergency corrective maintenance from pm/pdm ❑ preventive maintenance 1047.65, 52% project Figure 2-2: Work Order Count by Type ❑ 1769, Sv io 4, 0% ❑ 0, 0% ❑ safety ❑ 34, 2% ❑ 14, 1 % 1 107, 5% 34, 2% Jacobs — Fayetteville Project ON Jacobs Fayetteville Client Monthly Report for June 2021 jaco S 2.5 Capital Improvement Projects (CIP) A proposal to purchase a galvanized ribbon blender from AIT Services, Inc for the BMS surge bin was presented at the June Water & Sewer Committee meeting. The replacement of the surge bin was originally approved as a 2021 capital improvement project. After further evaluation, it was determined to be more economical to refurbish the existing asset. Under the new proposal, the city will provide a new ribbon Mender and Jacobs will provide the labor and material to patch the exterior of the containment vessel. The Water & Sewer Committee voted to send the revised proposal for full council approval A purchase order was issued for the purchase of a new RAS mixer from Jack Tyler Engineering for the Noland facility. This was a break-in CIP item that was given administrative approval by the Utilities Director earlier in the month. A purchase order was issued for the repair of Noland clarifier scum pump no. 1. This was a scheduled 2021 CIP item that went out for sealed bids in April. The lowest bid to meet specifications came from Environmental Technical Sales. Their proposal received administrative approval and was presented as a non -agenda item to the Water & Sewer Committee meeting. The repair of Noland aerator no. 11 was added as a 2021 break-in item. Aerator no. 11 was sent to JCI Industries earlier this year for a hidden -damages inspection. A proposal to purchase 8 VFD-harmonic filter units from Mayer Electric was presented to the Water & Sewer Committee in June. The purchase of new VFDs for the West Side facility is a 2021 scheduled capital improvement project. Sealed bids were solicited earlier this year and Mayer Electric submitted the lowest bid that met specification. The new VFDs will replace outdated units on the RAS pumps and blowers. Jacobs — Fayetteville Project ON Jacobs Fayetteville Client Monthly Report for June 2021 jaco S 3. Laboratory/Industrial Pretreatment Samples were collected of the belt filter press sludge from the Noland and West Side facilities to be analyzed for TCLP (toxicity characteristic leaching procedure) and Paint Filter test. These tests are conducted annually to simulate the leaching of a sample to a landfill. Grit & screenings samples were also collected at both facilities. As required by Solid Waste 503 regulations to meet Class A certification, fertilizer, Noland belt filter press cake, and West Side belt filter press cake samples are collected and analyzed every 60 days for 503 Metals (cadmium, chromium, copper, lead, nickel, silver, and zinc) and percent total solids analysis. Quarterly Industrial Surcharge sample collection and analysis was repeated on the Hiland Dairy sample for biochemical oxygen demand due to an insufficient dilution factor during analysis. Data reports from the quarterly industrial sampling event in May were provided to the industries (ConAgra, Hiland Dairy, Tyson) to be used during their daily and monthly average calculations to verify and report compliance. The annual septic waste hauler authorization letters were sent to the haulers to facilitate truck licensing through the Washington County Health Department. June was a record setting month with 57 hauled waste Loads. Final notices were issued again to dental providers that have yet to complete or sign the original compliance report regarding the EPA dental amalgam rule. The deadline for response was July 14th, 2020. There is one non -responder that will require follow-up, and one dental office that is still pending a signature. Monthly surcharge and waste hauler reports were completed and sent to the City for billing. For revenue generated from the IPP, see Table 3-1 and Figure 3-1. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for June 2021 .;acobs Table 3-1: Revenue generated from the Industrial Pretreatment Program (IPP) Revenue $97,562.02 Surcharges on May data $2,850.00 Fees from hauled waste accepted in June $0.00 Other fees paid in June $0.00 Fines assessed in June Zero violations for all industrial users violations on May data $120,000 $100,000 $80,000 $60,000 $20,000 Figure 3-1: IPP revenue total from surcharges, fees, and fines Revenue Generated Industrial Pretreatment Program II '�`� `moo ❑ 2020 Monthly Surcharge Fees plus Hauled Waste Fees ❑ 2021 Monthly Surcharge Fees plus Hauled Waste Fees Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month Hauled Waste Summary 60 50 40 30 20 10 0 ,a <<e�� coe � O ❑ 2020 Arkansas Portable Toilets ❑ 2020 Best Jet 2020 White River Enviro. Services ❑ 2020 TOTAL 2021 Arkansas Portable Toilets ❑ 2021 Best Jet ❑ 2021 White River Enviro. Services ❑ 2021 TOTAL Jacobs — Fayetteville Project ON Jacobs Fayetteville Client Monthly Report for June 2021 jaco S 4. Woolsey Wet Prairie June was a very busy month with several key vegetation management activities taking place. Early in the month Eco, Inc. facilitated this year's first -round botanical survey at Woolsey Wet Prairie. The botanical survey provides helpful feedback on locations and approximate densities of key invasive species targeted for herbicide treatment through the growing season. Additionally, the botanical survey assesses Woolsey's populations of plant species tracked for conservation by the Arkansas Natural Heritage Commission (ANHC) due to their statewide rarity. June IVM work was marked by a very hot spring -summer transition with June experiencing 14 days of 90-plus degree heat. Equipped with survey results, the Jacobs IVM staff worked with a strong focus on high priority species including Sericea lespedezo, White Sweet Clover, Callery Pear, Thistles, and Narrow -leaf Cattail. Follow-up treatments on 2,000 square feet of Narrow -leaf Cattail identified in 2020 have produced very encouraging results with dramatic colony reduction. Also, staff were able to quickly respond with treatments to a nearly 1,000 square foot Narrow -leaf Cattail colony first identified in this year's botanical survey. In addition to herbicide treatment, staff collected and disposed of invasive cattail flowers and marked the colony boundaries for easy follow-up monitoring of population containment. This year's botanical survey also found a single, small colony of reed canary grass, Pholaris orundinacea, within Woolsey's interior wetland cell, W1. Reed canary grass has been widely planted throughout the US since the 1800's for both erosion control and forage. It is a highly invasive perennial grass that can create extensive monocultures, especially within wetland habitats, and can pose a major challenge for wetland mitigation endeavors. Again, staff quickly responded with herbicide treatment of the colony, collecting and disposing of flowering spikelets, and field marking the location for future monitoring. Other encouraging notes this month were the presence of wildflowers rarely documented in Woolsey, especially in numbers observed this year. Pink Milkwort is a rare wildflower tracked for conservation concern by ANHC. A single milkwort plant was first observed in 2012 on a prairie mound in Woolsey's E4 wetland cell. This year over a dozen Pink Milkwort plants were observed in E4 and on prairie mounds just outside of Woolsey, within the south-central buffer area. Flowering Compass Plant is another species that has not been observed in flower for over a decade within Woolsey; flowering Compass Plant was observed in wetland cells W1, E1 and E2. Pink Milkwort and Compass Plant are native wildflower species that together are indicative of a healthy, high -quality prairie and wet -prairie habitat. A strong emphasis on herbicide treatments will continue into July for Sericea, Johnsongrass and Small Carpetgrass. Reed Canarygrass near Goose Creek Pink Milkwort in Woolsey Wet Prairie i Compass Plant in Woolsey Wet Prairie Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for June 2021 5. Community Outreach ,Jrg2�27 Wildflower seedlings were started in February and June pollinator to be planted during the WEEK November BLueGreen Infrastructure Fall Festival lhv"' Poll inato�' .;acobs The Washington County Search and Rescue K9 team utilized the BMS site for training. They were able to utilize the site despite the wet conditions and tall forage height. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for June 2021 6. Sustainability .;acobs nator The Jacobs team celebrated National Pollinator Week, sponsored by the Pollinator Partnership, Jun 22-28 with a Friday afternoon preparing nearly 300 seedling planters with a variety of locally harvested wildflower and grass seeds. Germinated seedlings will join 400 planters prepared in February, to be part of our BlueGreen Infrastructure Fall Festival Event in early November where volunteers will spend a Saturday morning experiencing seed collection from Woolsey Wet Prairie and planting young native wildflowers and native grasses within West Side's rain gardens and bioswales to help improve the biodiversity of these natural capital spaces. This event will also serve as an opportunity to educate the volunteers about the water recovery process and its community and environmental benefits. The WRRF's vegetated rain gardens and bioswales support city initiatives, such as the Mayor's Monarch Pledge, by providing a uniquely managed Landscape for native wildflowers that provide valuable food resources to beneficial pollinators and other Local. wildlife Taking Part in Pollinator Week! Pollinator Week is an annual event that is celebrated internationally in support of pollinator health. It's a time to celebrate pollinators and spread the word about what we can do to protect them. A diverse range of events are available to provide community -wide or individually focused activities to increase awareness while benefiting these delicate but vital tiny workers. Popular events may include planting wildflowers for pollinators, hosting socially distanced garden tours, participating in online bee and butterfly ID workshops, and so much more. Share your own story with us by using the hashtag #P011inatorWeek Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for June 2021 .;acobs Jacobs summer intern, Sarah Garrison, has coordinated a partnership with Project Wingspan to utilize the Woolsey Wet Prairie and West Side WRRF BlueGreen Infrastructure (BGI) areas as seed collection sites for target native wildflower species. Project Wingspan and Pollinator Partnership are grants supported by the National Fish and Wildlife Foundation for developing partnerships and equipping volunteers to increase the quality, quantity, and connectivity of pollinator habitats across the Midwest. Project Wingspan volunteers will have the opportunity to collect valuable seeds from several target native species from Woolsey Wet Prairie and West Side's rain garden and bioswale natural capital areas later this summer and fall. E t ,Project Wgspan POLLINATOR MAYORS' MONARCH PLEDGE Project Wingspan (PW) is a three-year landscape -scale project supported by grants from the National Fish and Wildlife Foundation to the non-profit Pollinator Partnership. Pollinator Partnership is working with a coalition of partners and dedicated volunteers to increase the quality, quantity, and connectivity of pollinator habitats across the Midwest and Great Lakes Region to support imperiled native pollinators and the vital habitat they depend upon. Jacobs — Fayetteville Project is ON Jacobs Fayetteville Client Monthly Report for June 2021 jaco S 7. Health & Safety/Training We continue to make great strides with health and safety compliance. At 2021 mid -point we are enjoying a successful year with valued training events and overall employee engagement with the safety team. The safety team has rotated a total of five employees for the year yet is richer for the focus on continuity and project completion. It can be difficult to place a numerical value on the safety team involvement. The employees are given an opportunity to create ideas and gain a unique perspective with hazard recognition. The current safety team has four members with representation from each department, including Rick Dollarhide, Travis Patton, Donna McChristian, and David Dajani. Members have the responsibility of conducting random area safety inspections to ensure compliance. New members are given a two -month introduction period which allows the associate to gain experience related to conducting a thorough and accurate safety inspection. Rick Dollarhide, the newest safety team member, has quickly picked up on the inspection process and has exhibited notable insight into recognizing potentially unsafe conditions. He was able to identify several safety issues and communicated those through to the proper leadership. The issues have been flagged in a maintenance work order and quickly resolved. The committee continues to work with the maintenance staff to get issues corrected within a prompt and efficient manner. In these instances, unsafe conditions can present hazards to the site employees. Employee participation is an essential element for an effective safety program. The future goals of the safety committee will be discussed in the upcoming month. The committee will always look at diverse ways to supply value for the safety of the staff. John Byrd attended training and obtained the Basic Industrial Wastewater Operators License. Also completed were the corporate compliance training for Operator Math 101 and the Sustainability Webinar. Jacobs employees attended the NWD meeting on June 9', both in -person and through virtual access. Procurement Training was completed by applicable associates. Jacobs — Fayetteville Project Jacobs Fayetteville - Client Monthly Report for June 2021 Appendix A. Additional Information A.1 Effluent & Influent Data .;acobs 2021 Monthly Average Flow (MGD) WR CBOD (mg/L) WR CBOD (Lbs/d) WR TSS (mg/L) WR TSS (lbs/d) WR Phos (mg/L) WR WR WR D.O. Phos Ammonia Ammonia Avg (Lbs/d) (mg/L) (Lbs/d) Min (mg/L) 105.0 2.1 221 7.7 pH Min (s.u.) pH Fecal Max Coliform (s.u.) (MPN/ 100m[) 9.0 200 Permit Limit June 7.5 788 5.0 525 1.00 6.0 January 5.8 2.7 128 2.8 131 0.14 6.3 0.2 8 15.0 7.0 7.5 77 February 5.1 4.3 174 4.4 181 0.19 7.7 0.5 22 16.6 6.9 7.4 174 March 6.3 3.7 199 3.0 166 0.15 7.9 0.2 12 14.9 7.3 7.4 22 April 5.1 3.4 188 1.1 62 0.09 4.9 0.3 15 12.8 7.3 7.6 54 May 10.0 3.8 308 1.6 133 0.11 9.3 0.2 13 12.3 7.4 7.6 17 June 7.4 3.5 214 1.5 94 0.31 17.8 0.1 6 12.3 7.2 7.5 35 July August September October November December Average 6.6 3.6 202 2.4 128 0.16 9.0 0.2 13 14.0 7.2 7.5 63 White River Effluent Characteristics - Minerals 2021 WR TDS (mg/L) WR TDS (Lbs/d) WR WR Sulfate Sulfate (mg/L) (lbs/d) WR Nitrate (mg/L) WR Nitrate (Lbs/d) Permit Limit June 440 46,237 100 10,508 report report January 342 15,871 62 3,154 4 204 February 351 14,818 67 3,392 5 253 March 347 18,845 72 3,741 6 291 April 335 18,124 72 3,609 3 135 May 320 26,059 56 3,167 4 221 June 338 20,861 50 4,391 6 483 July August September October November December Average 339 19,096 63 3,576 4 264 Jacobs - Fayetteville Project 17 Jacobs Fayetteville - Client Monthly Report for June 2021 Goose Creek Effluent Characteristics .;acobs 2021 Monthly Average Flow (MGD) GC GC CBOD CBOD (mg/L) (lbs/d) GC TSS GC GC GC GC GC D.O. pH pH Fecal (mg/L) TSS Phos Phos Ammonia Ammonia Avg Min Max Coliform (lbs/d) (mg/L) (lbs/d) (mg/L) (lbs/d) Min (s.u.) (s.u.) (MPN/100m1) (mg/L) 10.0 834 1.0 83.4 1.6 133.4 7.7 6.0 9.0 200 Permit Limit June 10.2 850.7 January 10.8 2.0 174.3 1.1 95 0.08 7.2 0.2 18.4 10.7 7.0 7.4 8 February 9.7 2.0 161.9 1.0 81 0.08 6.4 0.1 8.1 11.1 7.0 7.4 5 March 11.8 2.1 202.0 1.0 101 0.13 12.8 0.1 13.3 10.4 7.1 7.5 7 April 12.1 2.0 202.1 1.0 101 0.08 7.6 0.1 13.5 9.9 7.2 7.5 6 May 14.2 2.0 236.1 1.0 118 0.06 7.2 0.1 13.6 9.7 7.3 7.5 5 June 10.9 2.0 188.4 1.0 94 0.06 5.9 0.1 10.2 9.3 7.1 7.6 6 July August September October November December Average 11.6 2.0 194.1 1.0 98 0.08 7.9 0.1 12.8 10.2 7.1 7.5 6 Paul R. Noland Influent Characteristics Noland WRRF Monthly Average Flow (MGD) Hydraulic BOD Loadings Loading Percent of (lbs/d) Design Organic TSS TSS PO4 Loading Loading Loading Loading Percent (lbs/d) Percent (lbs/d) of of Design Design 23,198 765 PO4 NH3 NH3 Loading Loading Loading Percent (lbs/d) Percent of of Design Design 2,250 Designed (Annual Avg.) 12.6 29,666 January 6.3 49.9% 16,471 55.5% 8,150 35.1% 192 25.1% 699 31.1% February 5.1 40.1% 11,850 39.9% 7,368 31.8% 175 22.9% 720 32.0% March 6.7 53.2% 14,260 48.1% 7,846 33.8% 196 25.6% 826 36.7% April 7.1 56.6% 17,335 58.4% 9,693 41.8% 209 27.3% 939 41.7% May 7.7 60.8% 15,173 51.1% 9,797 42.2% 222 29.0% 788 35.0% June 5.7 45.1% 13,062 44.0% 8,110 35.0% 176 23.0% 543 24.1% July August September October November December Average 6.4 50.9% 14,692 49.5% 8,494 36.6% 195 25.5% 752 33.4% Jacobs - Fayetteville Project 18 Jacobs Fayetteville - Client Monthly Report for June 2021 West Side Influent Characteristics .;acobs West Side WRRF Monthly Average Flow (MGD) Hydraulic Loadings Percent of Design BOD Loading (lbs/d) 14,595 Organic TSS TSS Loading Loading Loading Percent of (lbs/d) Percent Design of Design 14,595 PO4 PO4 NH3 Loading Loading Loading (lbs/d) Percent (lbs/d) of Design 584 1918 NH3 Loading Percent of Design Designed (Annual Avg.) 10.0 January 10.8 107.6% 12,508 85.7% 12,331 84.5% 218 37.4% 1,605 83.7% February 9.6 95.9% 13,110 89.8% 12,291 84.2% 160 27.4% 1,406 73.3% March 11.8 118.1% 15,216 104.3% 12,918 88.5% 252 43.1% 1,850 96.4% April 12.1 121.0% 12,799 87.7% 13,164 90.2% 219 37.5% 1,917 100.0% May 14.1 141.2% 12,171 83.4% 14,193 97.2% 194 33.2% 1,448 75.5% June 10.8 108.3% 11,669 80.0% 12,705 87.0% 195 33.4% 1,760 91.8% July August September October November December Average 11.5 115.4% 12,912 88.5% 12,933 88.6% 206 35.3% 1,664 86.8% Jacobs - Fayetteville Project 19 7 Jacobs Fayetteville - Client Monthly Report for June 2021 jaco S Labor Status Fayetteville I Department I Job Title I Employee Name I I /o FTE Admin Project Manager Monty Sedlak 95.00% Admin Assistant Project Manager Leonides Moreno 100.00% Admin - Operations Operations Manager Tim Luther 100.00% Admin Environmental Specialist Jeff Hickle 100.00% Admin Health, Safety Compliance Professional Wes Cloud 70.00% Admin Project Coordinator Brandi Miller-DeWeese 90.00% Admin Administrative Assistant Christy Taylor 100.00% Admin Administrative Assistant Kassandra Foster 100.00% BMS Lead Operator Jerry Genz 100.00% BMS Lead Operator John Tenberge 100.00% BMS Equipment Operator Charlie Boaer 100.00% BMS Equipment Operator Anthony DeJesus 100.00% BMS Equipment Operator Rick Witherspoon 100.00% BMS Equipment Operator Vacant 100.00% BMS Equipment Operator Vacant 100.00% BMS Operator I David Dajani 100.00% BMS Operator Peter Burrow 100.00% BMS Operator In Training Ben Shondelmyer 100.00% BMS Operator In Training Rony Ralpho 100.00% BMS Mechanic Mike Reed 100.00% LAB Admin-Lab/IPP Supervisor Thom Vinson 90.00% LAB Laboratory Director Donna McChristian 90.00% LAB Industrial Pretreatment Coordinator John Byrd 100.00% LAB Lead Laboratory Analyst Matt Benton 60.00% LAB Laboratory Analyst Walter Choder 100.00% Maint Maintenance Supervisor Joshua Apeman 100.00% Maint Lead Mechanic Brian Daniels 95.00% Maint Lead Electrician Tim Marr 70.00% Maint Mechanic Robert Ingram 100.00% Maint Mechanic Buddy Carter 100.00% Maint Mechanic Steve Cook 100.00% Maint Mechanic Michael Spohn 100.00% Maint Mechanic Rick Dollarhide 100.00% Maint Mechanic in Trainina Garrett Powers 100.00% Maint Mechanic in Training Nathan Eastwood 100.00% Operations Operations Supervisor Austin Ramsfield 100.00% Operations Operator II Shawn Santellanes 100.00% Operations Operator I Anthony Ramsfield 100.00% Operations Operator I Travis Patton 100.00% Operations Operator Justin Sweeney 100.00% Operations Operator In Training Tom Meunier 100.00% Operations Operator In Training Paul Goolsby 100.00% Operations Operator In Training Chandler Smothers 100.00% Operations Operator In Training Kasey Lybrand 100.00% Operations Operator In Training Brittney Doyle 100.00% SCADA SCADA Supervisor Mayo Miller 100.00% Jacobs - Fayetteville Project 20 Jacobs Fayetteville - Client Monthly Report for June 2021 .;acobs SCADA Instrument & Control Tech Pat Coolev 95.00% SCADA Instrument & Control Tech Mark Gleber 100.00% . Authorized Positions = 48.0 Filled Positions = 46.0 Filled FTE's= 44.6 TEMPS BMS Engineering Intern. U of Vacant 100.00% Admin Engineering Intern. U of A Sarah Garrison 100.00% Maint Engineering Intern. U of Vacant 100.00% SCADA Network Upgrade Campos, Edgar 23.75 Maintenance Asset Manager Support Bass, Edward Lee 0_1 Maintenance Asset Manager Support Turley, Johnny D UD) 58 Jacobs — Fayetteville Project 21