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HomeMy WebLinkAbout2021-12-14 - Agendas - FinalCITY OF FAYETTEVILLE ARKANSAS MEETING AGENDA Water, Sewer, and Solid Waste Committee 14 December 2021 5:30 P.M. (Or immediately following Equipment Committee Session) This is a Virtual Meeting 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, Andrea Foren, Mark Rogers, Corey Granderson, Aaron Watkins, Greg Weeks, Monty Sedlak, Josh Durham, Blake Jorgensen From: Tim Nyander, Utilities Director CALL TO ORDER ROLL CALL UPDATES OLD BUSINESS: NEW BUSINESS: 1. CH2M Hill Amendment #13 CH2M Hill has been contracted to operate the Wastewater Treatment Facilities since 1988. The most recent contract was passed by the City Council in 2009 under Resolution 256-09. This council action approved a proposed five-year contract subject to and contingent upon yearly budget approval by the City of Fayetteville, with two successive five-year options to renew. Amendment No. 13 represents the third year of the second five-year renewal and is for $7,614,711. Due to an unprecedented cost overrun in 2020 last year, agreements moving forward will include an agreed -to contingency amount. The contingency amount for 2022 is $380,735.55. Funds are available in the overall Utilities budget. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 2. Cost Overrun — 2021 CH2M Hill Amendment #12 Jacobs has worked diligently to deliver the 2021 project within the financial constraints set forth in the operating budget. Their financial tracking, analysis and forecasting indicate that the operations and maintenance activities will not come in under budget but will not exceed the 5% contractual allowance designed to cover unintended costs. Monty Sedlak, Project Director for Jacobs, will discuss the three areas that contributed to the unintended costs. INFORMATION ONLY 3. 2022 Manhole Rehabilitation — Krapff Reynolds Construction On December 10, 2019, the City of Fayetteville accepted sealed competitive bids for manhole rehabilitation utilizing various techniques. Krapff Reynolds Construction Co. submitted the lowest bid (Resolution 74-20, Bid #19-53). The bid schedule includes unit pricing for various items of work to complete the annual rehabilitation program. The contract may be renewed annually upon mutual agreement for a period of 5 years, pending City Council approval. This will be the 3rd year of a 5-year renewable contract with Krapff Reynolds. Direct contracting with Krapff Reynolds Construction Co. allows the City to execute its sanitary sewer rehabilitation program efficiently. Manholes being repaired under this contract are either identified through normal City maintenance operations or by consultants during Sanitary Sewer Evaluation Studies (i.e., Smoke Testing, Flow Monitoring, etc.). Engineering and administrative costs are minimized as these services are handled by city staff. This work is an integral part of the City's ongoing program to maintain its sewer system in the most long-term yet cost effective fashion. In 2021, approximately 270 manholes were rehabilitated through this program. Staff recommends approval of a one-year extension of the term -maintenance contract with Krapff Reynolds Construction Co. in the amount of $590,789.00 for rehabilitation of sanitary sewer manholes throughout Fayetteville in 2022 as identified in previous investigations and by operations staff. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 4. Benson Mountain Tank Construction — Bid Opening On December 14t", 2021, the City of Fayetteville accepted sealed competitive bids for the construction of a new 100,000 gallon elevated water storage tank to replace the aging 35,000 gallon Benson water standpipe. The existing standpipe was slated for replacement through City's Water Master Plan by Olsson, Inc. Additional volume will provide better service to customers in the vicinity. The result of the bid opening will be presented during the Committee Meeting. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 5. Benson Mountain Tank — Amendment No. 5 to Engineering Agreement The Benson Mountain Water Storage Tank Improvements Project consists of the replacement of an aging water storage standpipe and constructing a new 100,000-gallon elevated water storage tank. This project is being publicly bid as Bid# 21-80. This contract amendment will provide the funds necessary for Hawkins -Weir to oversee the contractor's work in the field, provide help with requests for information or change orders as necessary, conduct quality control testing, and properly survey and certify the completed work. The overall engineering contract will increase by $110,710.00 with this amendment, to a total contract not -to -exceed fee of $391,200.00. Staff recommends the approval of Amendment No. 5 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $110,710.00 for construction observation and project management services associated with the Benson Mountain Water Storage Tank Improvements project. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 6. Waterline Cost Share — Fayetteville Public Schools A new middle school is under construction on Rupple Road and needs to install an 8-inch waterline to service the project. The City's Water Master Plan has recommended an approximate 12-inch waterline grid throughout the city at'/2-mile spacing. As developments have occurred, the City has participated to extend 12-inch waterlines along the newer portion of Rupple Road between Persimmon Street and MLK Blvd. in pursuit of this recommendation. This project presents an opportunity for the city to pay the upcharge for installation of approximately 1,378-feet of 12-inch waterline. The overall project was priced from the contractor performing the utility work for the school district. To install just the 8-inch line is $315,720.00 and to install the 12-inch would cost $410,610.00 for a difference of $94,890.00 which is the cost share proposed. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 7. Route Software for Recycling and Trash Collection (RTC) After a successful pilot program with Routeware GlobaITM software, staff recommends moving forward with an agreement for installation of the software on the RTC collection fleet. The pilot program showed daily RTC operations will be improved with the continued use of the system. RTC managers will discuss this recommendation with the committee. STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR CONSIDERATION FOR APPROVAL 8. Overview of WWTP Monthly Report Discussion of October's Monthly WWTP Report PRESENTATIONS ATTACHMENTS CH2M Hill Amendment #13 Resolution 256-09 2021 Budget Overrun Forecast 2022 Manhole Rehabilitation Vicinity Map Benson Tank Vicinity Map Hawkins Weir Amendment No. 5 Fayetteville Public Schools Cost Share Legistar Packet for Routeware GlobalTM Software October WWTP Monthly Report ADJOURN Next Water, Sewer, Solid Waste Committee meets on Tuesday, January 11, 2022, at 5:30 p.m. Is AMENDMENT NO. 13 TO AGREEMENT For OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And C112M HILL ENGINEERS, INC. THIS AMENDMENT NO. 13 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas, Water Resource Recovery Facility and its pertinent systems dated December 15, 2009 (the "Agreement"), is made effective on the 1 s` day of January, 2022, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City of Fayetteville") and CH2M HILL Engineers, Inc., (hereinafter "CH2M") NOW THEREFORE, the City and CH2M hereby amend the Agreement as follows: 1. Appendix A is hereby deleted in its entirety and replaced with the attached Appendix A. 2. Appendix B is hereby deleted in its entirety and replaced with the attached Appendix B. 3. Appendix C is hereby deleted in its entirety and replaced with the attached Appendix C 4. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D. 5. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E. 6. Appendix F is hereby deleted in its entirety and replaced with the attached Appendix F. 7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G. 8. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H. 9. Appendix I is hereby deleted in its entirety and replaced with the attached Appendix I. 10. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J. 11. Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K. This Amendment No. 13, together with prior Amendments and the Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. Officer have made and executed this Agreement as of the day and year first above written. CH2M HILL ENGINEERS, INC. CITY OF FAYETTEVILLE, ARKANSAS By. By: NamASteveMeininger Name: Lioneld Jordan, Mayor Title: Vice President Title: Mayor Date: 12/2/2021 Date: ATTEST: By: Name: Kara Paxton Title: City Clerk Date: Appendices to Operations, Maintenance, and Management Services Agreement Between City of Fayetteville, AR and CH2M HILL Engineers, Inc. Appendix A LIST OF APPENDICES Appendix A — List of Appendices Appendix B — Definitions Appendix C — Scope of Services Appendix D — Compensation for Services Appendix E — Location of Project Appendix F — Environmental Permits and Project Characteristics Appendix G — Industrial Waste Discharges and Monitoring Program Appendix H — Vehicle and Mobile Equipment Description (Rolling Stock) Appendix I — Base Fee Adjustment Appendix J — Monthly Reports Appendix K — CH2M Travel Policy Appendix A - 1 of 1 — Last Updated 10.08.21 Appendix B DEFINITIONS B.1 "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents proportional to BOD5 in the ratio of five (5) parts nitrogen, one (1) part phosphorus, and one half (0.5) part iron for each one hundred (100) parts BOD5. B.2 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct costs, labor, utilities (other than electricity), and other allocated costs. B.3 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of City of Fayetteville's NPDES permit. Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. B.4 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility items that cost more than Ten Thousand Dollars ($10,000); or (2) major repairs which significantly extend equipment or facility service life and cost more than Ten Thousand Dollars ($10,000); or (3) expenditures that are planned, non -routine and budgeted by City of Fayetteville. B.5 "Cost" means the total of all costs determined on an accrual basis in accordance with generally accepted accounting principles including but not limited to direct labor, insurance, labor overhead, chemicals, materials, supplies, utilities (other than electricity), equipment, maintenance, repair, and outside services B.6 "Cost Center" is defined as each columned category of the cost detail, presented in Appendix D, which describes the separate functions and locations to which costs may be charged for accounting, reporting or billing purposes. B.7 "Electrical Evaluation" will be limited to amperage draws, winding resistance measurements, thermographic evaluations, and current and voltage imbalance B.8 "Emergency Situation" is hereby defined as an emergency affecting the safety of persons or property, or regulatory compliance where CH2M HILL shall act to prevent threatened damage, injury or loss. B.9 "Fixed Asset" means any tangible property that has a value of Five Thousand Dollars ($5,000) or more and is depreciable. This excludes the repair/replacement parts that are components of a greater fixed asset. B.10. "Fixed Management Fee" means a fee for indirect costs of managing the operation beyond the direct costs of materials and labor. B.11 "Load Shedding" is defined as the deliberate shutdown of electric power being provided by the grid and generating on -site power for the treatment facilities, generally to reduce demand strains from the grid on the capacity of the system. B.12 "Maintenance" means the cost of those routine and/or repetitive activities required by the equipment or facility manufacturer during the warranty period or as recommended by CH2M HILL after the warranty period has expired to maximize the service life of the equipment, Appendix B - 1 of 2 vehicles, and facilities as listed in Appendix E. B.13 "Operational Technology" (OT) encompasses information technology (IT) support, components and software in an industrial control system (ICS) environment. OT, as a practice, relates to the access and control of physical assets, which differs from IT because it relates to the access and control of data. B.14 "Out of scope" services will include "capital expenditures" (definition B.4 of this Appendix), added or modified regulatory requirements (that are not contained in the applicable permits), changes to improve efficiency and/or generate income, or other services not described in the contract and requested by the City of Fayetteville. B.15 "Project" means all equipment, vehicles, grounds and facilities described in Appendix E. B.16 "Repairs" means the cost of those non-routine/non-repetitive activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof, cost less than ten thousand dollars ($10,000); and are not included in definition B.4 of this Appendix. B.17 "Reliability Centered Maintenance" means a process used to determine what must be done to ensure the physical assets continue to do what its users want in its present operating context. Appendix B - 2 of 2 Appendix C SCOPE OF SERVICES CA SCOPE OF SERVICES — C112M C.1.1 Perform professional services in connection with the Project as hereinafter stated. C.1.2 Operate and maintain all facilities over a 24-hour per day, 7-day per week period, under full service contract operations and maintenance. Operations may be performed with on -site staff and/or remote monitoring/on-call services for all or portions of this time. C.1.3 Within the design capacity and capability of the Project, manage, operate, and maintain the Project so that effluent discharged from the Project meets the requirements of all applicable City NPDES permits as specified in Appendix F. Maintain compliance with other existing environmental permits as described in Appendix F. C.1.4 Operate and maintain the present Industrial Pretreatment Program including all monitoring, inspections, sampling, testing, reporting, and record keeping as described in Appendix G. Results of all industrial sampling and testing shall be made available to City of Fayetteville as requested. C.1.5 Provide all Maintenance for the Project. Document as required to continue existing maintenance program and to provide City of Fayetteville requested reporting, including but not limited to updated preventative maintenance schedules. City of Fayetteville shall have full access to preventative maintenance records. C.1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agreement. C.1.7 Staff the Project with a minimum of three (3) Arkansas Class IV Wastewater licensed operators or as required by the Arkansas Department of Environmental Quality (ADEQ). C.1.8 Prepare all NPDES permit and other pertinent regulatory reports, letters, or other correspondence, and submit these to City of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by City, except for electronic reporting via NetDMR, which shall be performed by CH2M HILL. Any fines levied because of late reports as a result of CH2M HILL failure to complete and allow sufficient time for City of Fayetteville's signature and transmittal shall be paid by CH2M HILL. Submittal to the City of Fayetteville no later than 5 business days prior to the reporting period due date shall be considered timely. C.1.9 Provide for proper disposal of screening, scum, grit, and biosolids in compliance with permit and regulatory requirements. Should regulations and/or disposal/application options significantly change, projected costs will be revised by mutual agreement. C.1.10 Be responsible for all laboratory testing and sampling presently required by the NPDES permits, stormwater permits, "no discharge" permits, and other related requirements or permits. C.1.11 Maintain an inventory of vehicles and equipment (rolling stock), to be identified and referenced as Appendix H, being used for the Project and provide to the City upon request. C.1.12 Provide twenty-four (24) hour per day access to Project for City of Fayetteville's personnel. Visits may be made at any time by any of City of Fayetteville's employees so designated by City Appendix C - 1 of 7 of Fayetteville's representative. Keys, key fobs, or other access equipment for Project shall be provided to City of Fayetteville by CH2M HILL. All visitors to the Project, including City of Fayetteville employees, shall comply with CH2M HILL's operating and safety procedures. C.1.13 Provide for the maintenance of existing City of Fayetteville rolling stock such as dump trucks, tractors, and trailers that are necessary for the operations and maintenance of the facilities. C.1.14 Provide training for personnel in areas of regulatory requirements, operation, maintenance, safety, supervisory skills, laboratory, cybersecurity and sustainable practices. Continue the current project safety program with updates as necessary. C.1.15 Provide computerized maintenance, process control, and laboratory management systems to maintain documentation, accountability and transparency to allow City of Fayetteville to see if the equipment is being maintained appropriately. C.1.16 Comply with the requirements of City of Fayetteville regarding affirmative action provisions for minority hiring. C.1.17 Provide City of Fayetteville with a full accounting of all expenditures at intervals and in sufficient detail as may be determined by City of Fayetteville and assist City of Fayetteville in preparation of annual operating budgets. City of Fayetteville shall be allowed to conduct or have conducted audits of all accounting records related to the direct contract operations of this Agreement at times to be determined by City of Fayetteville. C.1.18 Manage and comply with all manufacturers' warranties on equipment purchased for the project and assist the City of Fayetteville in enforcing existing equipment warranties and guarantees. After the expiration of the warranty, CH2M HILL shall perform maintenance at a level adequate for the efficient, long-term reliability of the equipment and facilities. CH2M HILL will provide City of Fayetteville with full documentation that preventative maintenance is being performed on all City of Fayetteville equipment in accordance with CH2M HILL's best practices and standards. Maintenance program shall include documentation of corrective and preventive maintenance and a spare parts inventory to be consistent with the "Reliability Centered Maintenance" model. C.1.19 Provide for repairs as described in Appendix B.16. C.1.20 Maintain the SCADA system located at the addresses listed in Appendix E. Upgrades, modifications, and/or additions to the SCADA system shall adhere to industry standards and best practices such as: NIST, NEC, ISA, IEC, IEEE. C.1.21 CH2M HILL shall provide the following as related to the SCADA system: C.1.21.1 Ongoing updates and upgrades of the software and hardware to ensure operational continuity in accordance with the definitions of maintenance and capital expenditures as agreed upon by the City of Fayetteville and CH2M HILL. C.1.21.2 CH2M HILL shall be responsible for evaluating and applying hardware firmware and software security patches released from vendor within the next maintenance window (performed bi-annually). Evaluation shall include, but not be limited to reviewing vendor release notes, installing and testing upgrades on lab equipment or a limited subset of active equipment. Hardware firmware and software patches, which do not adversely affect plant control, shall be applied at the next maintenance window. Hardware firmware and software security patches, which adversely affect plant control, shall be reviewed with the City to determine the path Appendix C - 2 of 7 forward. Critical security patches for firewalls and edge devices shall be applied within thirty days of release from vendor. C.1.21.3 CH2M HILL is responsible for maintaining the SCADA environments including but not limited to: (1) SCADA Wireless and Telemetry equipment, (2) Programmable Logical Controllers and Remote Terminal Units (PLCs/RTUs) and (3) all communications media between sites and ISP connectivity, (4) SCADA software, (5) SCADA servers, and (6) SCADA network equipment. C.1.21.4 SCADA components shall be protected by UPS uninterrupted power supply to prevent loss of connectivity during brief power loss. C.1.21.5 SCADA diagrams shall be kept current and any as -built drawings shall be incorporated into a change management document and network diagram. Updates regarding SCADA diagrams shall be provided to the City of Fayetteville as requested. SCADA updates shall include but not be limited to: issues, equipment replacements, improvements, etc. C.1.21.6 SCADA equipment shall be installed in environmentally appropriate cabinets and properly secured. C.1.21.7 SCADA modifications shall follow the SCADA network design plan as approved and modified by CH2M HILL and the City of Fayetteville. C.1.22 CH2M HILL shall operate and maintain the operational technology (OT) components of the industrial control system (ICS) in its current state. C.1.22.1 OT encompasses the following components of the ICS: C.1.22.1.1 Networks — switches, routers, firewalls, media converters, communications equipment C.1.22.1.2 Computers — Physical servers, virtual servers, windows server operating systems, workstations, and thin clients C.1.22.1.3 Backups, antivirus, network time servers, disaster recovery, network monitoring, remote access, and cybersecurity. C.1.22.2 CH2M HILL shall operate and maintain the OT environment based on accepted industry standards, guidelines, and best practices. Age of the ICS and component limitations may inhibit CH2M HILL's ability to apply all guidelines and best practices to the system. CH2M HILL shall put forth best effort to adhere to guidelines given the limitations of the existing system. C.1.22.3 The following ICS networking standards, guidelines and industry best practices shall be used as a basis for operation and maintenance of the OT environment: NIST Framework for Improving Critical Infrastructure Cybersecurity and NIST SP-800-83 "Guide to Industrial Control Systems Security", at a minimum, Revision 2. C.1.22.4 There shall be a clear delineation (physically and logically) between the ICS and all other networks. CH2M HILL shall be responsible for the operation and maintenance of the OT components that exist within the ICS and in the de - Appendix C - 3 of 7 militarized zone between the ICS and other networks. CH2M HILL operations and maintenance of the OT environment shall be limited to: C.1.22.4.1 ICS/OT Networks — Physical components and logical configurations C.1.22.4.2 ICS/OT Server Infrastructure — Physical servers and virtual servers C.1.22.4.3 ICS/OT Software — Active Directory, anti -virus, backups, remote access solutions, management solutions, HMI, PLC programming software, configuration management and domain registrations. C.1.22.5 Any expansion of operational technology (OT) components of the industrial control system (ICS) system performed by CH2M HILL shall be compensated with a formal contract amendment agreed to by both parties in advance of such expansion. C.1.22.6 CH2M HILL shall develop a change management program to help control the lifecycle of strategic, tactical, and operations changes to the OT environment. The goal of change management is to control risk and minimize disruption to associated OT services. The plan will manage baseline hardware, software, and firmware, and any changes to the ICS system. The plan shall include the City of Fayetteville's IT personnel in the change control process for informational purposes. C.1.23 CH2M HILL and the City of Fayetteville shall partner to ensure ICS/OT cybersecurity is maintained. CH2M HILL understands its fiduciary obligation to put forth best effort to operate and maintain good ICS/OT cybersecurity. A good cybersecurity posture is difficult to maintain given the ever -changing nature of the threat landscape. Budget and physical component/architecture limitations affect CH2M HILL's ability in this regard and CH2M HILL shall not be held liable for cybersecurity breaches with the exception of breaches resulting from CH2M HILL's negligence. C.1.24 Annual review between CH2M HILL and City of Fayetteville shall be conducted to review past 12-18 months of progress, issues, replaced equipment, and projected improvements expected over the next calendar year and to be included in the annual budget. Project listing should contain location, description of CIP item, progress and estimated costs. Listing provided shall be established and presented by priority and should include sourcing method determined after City discussion (City bid, cooperative purchase, etc.). C.1.25 Verify the capacity and efficiency of each sewer lift station once per calendar year and provide results to the City within thirty (30) calendar days of verification. C.1.26 Provide recommendations for Capital Improvements Program (CIP) with a schedule for improvements and expenditures as requested by the City of Fayetteville. On an annual basis, a five (5) year schedule will be presented for all capital improvements and ten (10) year projections will be made for major improvements. These recommendations will be based on requirements determined from facility operations and review of the City of Fayetteville's Wastewater Facility Plan. However, these recommendations do not include detailed engineering studies. In addition, CH2M HILL will prepare the required forms and documentation required during budget and capital improvements budget preparation time each year. Except for the improvements requiring an engineering study, the following will be included for each project: Appendix C - 4 of 7 • Improvement needed • Justification of improvements • Cost of improvements • Any projected increase or decrease in O&M costs created by the CIP, if applicable • Proposed expenditure schedule • Proposed capital recovery schedule, if applicable • Impact of early termination • Sustainable upgrades to equipment should be disclosed upon providing recommendations for replacement along with the expected cost for upgrading to a more sustainable piece of equipment. C.1.27 Any services requested by the City of Fayetteville which are not part of the Scope of Services shall be executed by formal written agreement with fees and cost subject to negotiation. C.1.28 At the direction of the City of Fayetteville, CH2M HILL is authorized to act in emergency situations outside this Scope of Services, at CH2M HILL's discretion. Outside services, services by CH2M HILL personnel not assigned to this project, or excessive overtime hours incurred by assigned personnel which exceed the regulatory labor laws related to emergency services are not included in the compensation set forth in this Agreement. CH2M HILL will notify City of Fayetteville as soon as reasonably possible and shall be compensated by City of Fayetteville for any such emergency work at CH2M HILL's costs for the emergency work plus eighteen percent (18%). C.1.29 Provide City of Fayetteville with oral and written reports as requested. C.1.30 Operate and maintain all existing wastewater lift station facilities including buildings, grounds, backup power generators, and certain other appurtenances within the site fenced area. However, maintenance of inlet and outlet pipe works shall terminate at the wall of lift station. C.1.31 Conduct annual electrical evaluations of electrical units of 25 horsepower or more which operate at supply voltages of 480V or less to ground. C.1.32 CH2M HILL will comply with present federal, state, and local laws in performing their obligations under the terms of this Agreement. CH2M HILL and City of Fayetteville will work cooperatively regarding the application and impact of potential changes in law, including the potential cost impact on the scope of work, and mutually revise this Agreement as applicable. C.1.33 Coordinate and schedule the use of training rooms at both wastewater treatment facilities. C.1.34 Conduct community outreach and education activities including cooperative efforts with the University of Arkansas as appropriate. C.1.35 Maintain the industrial surcharge program and provide for monitoring and control of septage deliveries, as provided for in the City of Fayetteville's Code of Ordinances, Discharge and Pretreatment Regulations. C.1.36 The parties contemplate that minor design/engineering services may be provided by CH2M HILL from time to time. The scope and compensation for such services shall be mutually negotiated by the parties prior to the commencement of work. Appendix C - 5 of 7 C.1.37 Operate and maintain the ongoing nutrient removal efforts at the City of Fayetteville's Biosolids Management Site, including managing, harvesting, and marketing the hay produced on the site. Biosolids Management Site maintenance shall also include compliance with the current "no discharge" permit. Operate and maintain the biosolids drying operation. Coordinate the marketing and/or disposal of the dried biosolids produced from the drying operations as appropriate. C.1.38 Operate and maintain existing onsite power generators at all existing sites, including maintaining compliance with off-peak power rate structure monitoring and generation requirements. Perform and document weekly generator tests. C.1.39 Coordinate the application of alum sludge from Beaver Water District. C.1.40 Check the condition of and replace the odor canisters (as listed in Appendix E) that are part of the air release valves in the collection system, as needed. The mechanical condition of these valves will be maintained by the Fayetteville Water and Sewer Operations Division. C.1.41 Provide site monitoring and property maintenance activities as approved and directed by the City for Woolsey Wet Prairie adjacent to the West Side Water Resource Recovery Facility to ensure the site continues to meet ecological performance standards. These services include execution of seasonal Adaptive Management strategy including recommended herbicide applications, site maintenance & monitoring, monthly reporting, prescribed burn site preparations, land management best management practices (BMP) to adjacent City of Fayetteville properties. Services exclude permit compliance over -sight, permit reporting and prescribed burn scheduling and execution. C.1.42 Provide site monitoring and property maintenance activities as approved and directed by the City for environmentally sensitive sites at the water resource recovery facilities and the White River streambank restoration sites. C.1.43 Provide incidental small-scale support as approved and directed by the City of Fayetteville to various not -for -profit groups on issues important to the City of Fayetteville. C.1.44 Explore, innovate, and develop solutions to support sustainability by reviewing the impact of climate changes, resource re -use and recycling, water resource management; energy source management and environmental protection and enhancement aligned with City of Fayetteville and CH2M HILL corporate sustainability goals. C.1.45 All applicable taxes for property and equipment owned by CH2M HILL shall be borne by CH2M HILL. C.1.46 Provide all licenses for vehicles owned by CH2M HILL and used in connection with the Project. C.1.47 Pay for natural gas at all facilities other than wastewater lift stations. C.1.48 CH2M HILL shall facilitate an annual contract fee discussion with the City of Fayetteville to collaborate changes in costs for the next contract renewal. C.1.49 CH2M HILL shall provide a monthly listing of all items or equipment purchased to enable the City of Fayetteville to evaluate its applicability as a fixed asset to be recorded on the City's books. Appendix C - 6 of 7 C.1.50 CH2M HILL shall perform all Repairs to the Thermal Dryer at the Biosolids Management Site, including those which would otherwise be considered Capital Expenditures. Repairs which cost $10,000 or over require prior approval of the City's Utilities Director. C.2 SCOPE OF SERVICES — CITY OF FAYETTEVILLE C.2.1 Provide for all Capital Expenditures, as defined in Appendix B. C.2.2 Maintain all existing and necessary Project warranties, guarantees, easements, permits, and licenses that have been granted to City of Fayetteville. C.2.3 Pay all applicable taxes or franchise fees associated with the Project. C.2.4 May provide CH2M HILL, within a reasonable time after request, any piece of City of Fayetteville's heavy equipment, subject to availability, so that CH2M HILL may fulfill its obligations under this Agreement in the most cost-effective manner. C.2.5 Provide all licenses for vehicles owned by the City of Fayetteville and used in connection with the Project. C.2.6 Provide for CH2M HILL's use all vehicles and equipment presently in use at the Project, including the vehicles described in Appendix H. C.2.7 Pay for all wastewater lift station utilities and electricity and water for all facilities. C.2.8 Pay for all gasoline, diesel, and propane for backup power generators and all rolling stock provided by City of Fayetteville. C.2.9 Pay for all regulatory fees. C.2.10 Responsible for all billing and collection activities related to the industrial pretreatment program (IPP) charges, septic hauler fee, hay sales, water treatment residual fees, and fertilizer sales. Appendix C - 7 of 7 Appendix D COMPENSATION FOR SERVICES D.1 CH2M HILL estimates that Base Fee for services, on an annual basis, under this Agreement for 2022 shall be $7,614,711 (Seven Million Six Hundred Fourteen Thousand Seven Hundred Eleven Dollars). Details of said cost are shown in Table D-1 below. Thereafter, the Base Fee shall be negotiated each year. Should City of Fayetteville and CH2M HILL fail to agree, the Base Fee will be determined by the application of the Base Fee adjustment formula shown in Appendix I. Upon each contract year renegotiation, CH2M HILL shall continue to invoice City of Fayetteville at the previous amount until the new contract year price is agreed upon. Upon written notice, agreement between the parties as to the new contract year Base Fee, CH2M HILL shall issue an invoice retroactively adjusting the previous Base Fee amount. CH2M HILL will communicate to the City of Fayetteville of any funding issues by documentation in monthly reports. Should the actual expenditures exceed the total estimated annual expenditures by more than five percent (5%) in any year of this Agreement, approval will be obtained from the City of Fayetteville. In the event incurred costs under this Agreement may exceed the Base Fee denoted above, CH2M HILL will provide prompt notice to the City of Fayetteville of any potential budget impact. D.2 CH2M HILL will invoice and reconcile budgets in accordance with the following schedules: D.2.1 CH2M HILL will invoice a month in advance for the Direct Labor costs plus 15% markup in twelve (12) monthly equal installments payable at the start of the month in which services are rendered. Actual labor costs will be reconciled within 30 days after the current contract year and City of Fayetteville will either be invoiced or refunded the difference. D.2.2 CH2M HILL will invoice a month in advance for the Fixed Management Fee in twelve (12) monthly equal installments payable at the start of the month in which services are rendered. The Fixed Management Fee will be adjusted annually in relation to the Base Fee. D.2.3 CH2M HILL will invoice Direct Expense (non -labor) cost plus 10% the month after the costs are expensed. CH2M HILL will attempt to have all Direct Expense (non -labor) for the current budget year are coded in the system within 90 days of the current contract year and will submit the final Direct Expense (non -labor) invoice to the City of Fayetteville by April 15`h of each year. If invoices are not received by the vendors during the close out period, then the costs will be invoiced under the current year contract. D.2.4 CH2M HILL will invoice Engineering Services the month after costs are incurred in accordance with the approved scope and budget approved by the City. D.3 In order to provide an incentive for CH2M HILL to operate in a manner that will result in actual costs below estimated cost, City of Fayetteville will pay CH2M HILL an additional fee when actual costs are below estimated cost. Said fee will be twelve and one-half percent (12.5%) of the amount of actual cost are below estimated cost. DA Cost Detail - The annualized estimated costs for calendar year 2022 are listed in Table D-1. Appendix D Table D-], Cost Detail 1 2022 Fayetteville Cost Centers WRRF WRRF East Side WRRF West Management Operations Side Operations Program Program Program WRRF Lift Station WRRF Biosolids WRRF Lab & Total Cost Maintenance Management IPP Program 2022 Program Program Client Cost Centers 5100 5110 5120 5130 5140 5110 Direct Labor $911,732 $901,661 $491,676 $304,051 $252,539 $754,626 $3,616,285 Labor Markup, 15% $136,760 $135,249 $73,751 $45,608 $37,881 $113,194 $542,443 Direct Expense $275,084 $1,019,817 $351,068 $125,026 $415,504 $835,087 $3,021,586 Expense Markup, 10% $27,508 $101,982 $35,107 $12,503 $41,550 $83,509 $302,159 Fixed Fee $132,239 $132,239 Totals $1,483,323 $2,158,709 $951,602 $487,187 $747,474 $1,786,416 $7,614,711 2021 Fayetteville Cost Centers WRRF WRRF East WRRF West WRRF Lift WRRF Biosolids Management Side Side WRRF Lab & Station Management Total Cost 2021 Program Operations Operations IPP Program Maintenance Program Program Program Program Client Cost Centers 5100 5110 5120 5130 5140 5110 Direct Labor $835,254 $962,341 $414,573 $284,805 $217,434 $714,294 $3,428,701 Labor Markup, 15% $125,288 $144,351 $62,186 $42,721 $32,615 $107,144 $514,305 Direct Expense $252,434 $1,279,303 $347,396 $121,116 $416,743 $553,881 $2,970,872 Expense Markup, 10% $25,243 $127,930 $34,740 $12,112 $41,674 $55,388 $297,087 Fixed Fee $128,085 $128,085 Totals $1,366,304 $2,513,926 $858,895 $460,754 $708,466 $1,430,707 Appendix D 2021 & 2022 Cost Variance WRRF Lift WRRF WRRF East Side WRRF West Side WRRF Lab & IPP WRRF Biosolids Station Management Operations Operations Management Total Variance Program Maintenance Program Program Program Program Program Client Cost Centers 5100 5110 5120 5130 5140 5110 Direct Labor $76,478 ($60,680) $77,103 $19,246 $35,105 $40,332 $187,584 Labor Markup, 15% $11,472 ($9,102) $11,565 $2,887 $5,266 $6,050 $28,138 Direct Expense $22,650 ($259,486) $3,672 $3,910 ($1,239) $281,206 $50,714 Expense Markup, 10% $2,265 ($25,949) $367 $391 ($124) $28,121 $5,071 Fixed Fee $4,154 $4,154 Totals $117 708 Appendix D 709 $27 Appendix E LOCATION OF PROJECT E.1 CH2M HILL agrees to provide the services necessary for the management, operation and maintenance of the following: E.1.1 All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Noland Water Resource Recovery Facility located at: 1400 North Fox Hunter Road Fayetteville, Arkansas 72701 E.1.2 All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's West Side Water Resource Recovery Facility located at: 15 South Broyles Avenue Fayetteville, Arkansas 72704 E.1.3 All equipment, grounds, and facilities now existing within the present fenced boundaries of wastewater lift stations described as follows: SCADA NODE LOCATION Generator Site Maintenance Only WWI 978 E Zion Rd owe's — Zion PS YES WW2 3500 E Mission Blvd Timbercrest PS YES WW4 691 W Poplar St (Poplar PS - ABANDONED YES WW5 3896 N GreggAve(GreggAve PS YES WW6 3021 N Old Wire Rd Old Wire PS NO WW7 2065 N Sunshine Rd Hamestrin PS YES WW8 729 W North Street(North Street PS —ABANDONED YES WW9 1236 N Porter Rd Porter Rd PS —ABANDONED YES WWI 4412 W 6th Street (Farmington East PS —ABANDONED YES WW12 571 N Double Springs Road (Farmington West PS YES WW13 878 S Dead Horse Mountain Rd Stonebrid e PS YES WW14 1820 S Armstrong Ave Industrial Park PS YES WW16 518 W Ernest Lancaster Dr (Airport North PS YES WW18 210 N Sand Greenland PS YES WW19 5716 E Norman Murphy Rd (Mally Wagnon PS YES WW20 3212 N Highway 112 — Trucker's Drive PS - ABANDONED YES WW22 630 N Double Springs Rd Owl Creek PS YES WW24 265 W Ernest Lancaster Dr (Airport East PS YES WW25 551 W Aster Ave(Willow West PS - Farmington) YES Appendix E - Page 1 of 4 SCADA NODE LOCATION Generator Site Maintenance Only WW27 1031 River Meadows Dr Stonebrid e Meadow Phase I PS YES WW28 1603 Plantation Ave (Heritage Village PS YES WW29 390 N Cato Springs Rd Bohannan PS - Greenland YES WW32 478 N Durango Place Silverthorne PS YES WW33 4644 N Crossover Rd Stonewood PS - Copper Creek YES WW34 4572 S School Ave (Airport South PS YES WW35 3083 W MLK Blvd owe's — 6th St PS YES WW36 1642 N Willowbrook Dr (Skyler Place PS YES WW37 3848 W Edgewater Dr Clabber Creek PS - ABANDONED YES WW38 3710 E Zion Rd (Copper Creek Phase II PS YES WW39 2392 N Kenswick Ave Crofton Manner PS YES WW40 1811 S Cherry Hills Dr Stone Bridge Meadow Phase 11 PS YES WW41 1608 S S rin lake Dr Crescent Lake PS YES WW44 6061 Dot Tipton Rd (Legacy Pointe Phase 4 PS NO WW45 4451 N Waterside Ct Timberlake Office Park PS YES WW46 3788 E Spyglass Hill Dr Stonebrid e Meadows Phase V PS YES WW47 3601 E Albright Rd(Embry Acres PS YES WW48 2435 S Dead Horse Mountain Rd McDonald PS YES WW49 3393 E Goff Farm Rd Meadows PS YES WW52 485 N Broyles Ave (Broyles Ave PS YES WW53 1396 Zion Rd Office Park PS YES WW55 461 N. Tacoma St. (Farmington Heights) YES WW56 ADDRESS West Fork PS YES ADDRESS (Broyles South PS YES ADDRESS (Wagon Wheel PS YES ADDRESS (Woodridge PS YES E.1.4 All equipment, grounds, and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Biosolids Management Site located east of the Noland Water Resource Recovery Facility across the White River. E.1.5 All equipment, grounds, and facilities associated with or being used to complete routine operation and maintenance activities for the City of Fayetteville's Mitigated Wetlands Site now existing within the present property boundaries located north of the West Side Water Resource Recovery Facility and other mitigation / environmentally protected areas as mutually agreed to by both parties. Appendix E - Page 2 of 4 E.1.6 The potable water SCADA system at the following locations: SCADA NODE LOCATION DESCRIPTION W 1 215 W 24th St South Mountain Pump Station W2 844 N Crossover Rd (Hyland Park Pump Station W4 1016 E Ash St Pump Station W5 707 E Rogers Dr Pump Station W6 456 E Baxter Ln Ground Storage Tank 2 each W7 707 E Rogers Dr Ground Storage Tank 2 each W8 133 N Sang Ave Elevated Storage Tank W9 1170 E South Skyline Dr Elevated Storage Tank Mt. Se uo ah W 10 1044 E Township Rd Elevated Storage Tank W 11 3280 W Judge Cummins Rd Ground Storage Tank 2 ea Kessler Mountain W 12 7001 E Mission (Highway 45 Valve Pressure -Reducing Valve Station W 13 1589 Fire Tower Road Goshen Pump Station and Ground Storage Tank W 14 17301 Lake Se uo ah Rd Round Mtn Pump Station W 15 14360 Round Mt Comm Church Rd Stand Pipe County Rd #55(Round Mountain W 16 22032 Fire Tower Rd County Rd 4343 Stand Pie(Benson Mountain W 17 3265 N Gulley Rd Elevated Storage Tank W18 3788 N Gulley Rd Pump Station W19 3370 S Coach Rd Pump Station W20 2098 Woodcliff Rd (Springdale) Sure Tank W21 2210 N Old Wire Rd Valve W22 2800 N Old Missouri Rd Flow Meter W23 3385 N Par Ct Valve W24 3023 E Joyce Blvd Valve W25 2567 E Robinson (Springdale) Pressure Sustaining Valves W27 17385 Blue Springs Rd Goshen Pump Station W28 17970 Lake Se uo ah Rd Pump Station W29 Beaver Water District SCADA Interface W30 1195 N. Cantebu Rd Cantebu Tank Elevated Storage Tank W31 2903 E. Flagstone Cir Stonemountain Pump Station W32 Blue Springs Road Valve & Flowmeter New PS TBD New PS TBD WSOPC 2435 S Industrial Dr Water & Sewer Ops Center 3302 W Dinsmore Trail Millsap Tower MTROB 12141 Ed Edwards Rd Mt. Robinson Tower Site Appendix E - Page 3 of 4 E.1.7 Provision and maintenance of Remote Terminal Units (RTU) at the following sites located in the City of Elkins, Arkansas: SCADA NODE LOCATION DESCRIPTION EWW 1 7500 E. Huntsville Road Wastewater Lift Station EW1 1800 S. Van Hoose Drive Ground Storage Potable Water Tank E.1.8 Maintenance of the odor control system in the collection system associated with the following lift stations: LOCATION # OF CANISTERS LS #6 - 3021 N Old Wire Rd Old Wire 5 LS #7 - 2065 N Sunshine Rd Hamestrin 7 LS #12 - 571 N Double Springs Road (Farmington West 8 LS #22 - 630 N Double Springs Rd Owl Creek 2 LS #52 - 485 N Broyles Ave (Broyles Ave 2 Appendix E - Page 4 of 4 Appendix F ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS F.1 CH2M HILL will operate Project so that effluent will meet the requirement of NPDES permit No. AR0020010 and AR0050288. CH2M HILL shall be responsible for meeting the effluent quality requirements of City of Fayetteville's NPDES current permits unless one or more of the following occurs: The Project influent does not contain Adequate Nutrients to support operation of Project biological processes; • Contains Biologically Toxic Substances which cannot be removed by the existing process and facilities; The influent flow, influent BOD5, and/or suspended solids exceeds the Project design parameters which are: Noland WRRF West Side WRRF Annual Maximum Annual Maximum Average Monthly Average Monthly Average Average Flow MGD 12.6 18.8 10.0 17.8 BOD lbs/d 29,666 44,264 14,595 18,853 TSS lbs/d 23,198 1 34,613 1 14,595 1 18,853 F.2 In the event any one of the Project influent characteristics, suspended solids, BOD5, or flow, exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the characteristics required by the NPDES permit in accordance with the following schedule after Project influent characteristics return to within design parameters. Characteristics Exceeding Listed Parameters By Recovery Period Maximum 10% or Less 5 days > 10% but < 20% 10 days 20% and Above 30 days Notwithstanding the above schedule if the failure to meet effluent quality limitations is caused by the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent, then CH2M HILL will have a thirty (30) day recovery period after the influent is free from said substances or contains Adequate Nutrients. F.3 CH2M HILL shall not be responsible for fines or legal action as a result of discharge violations within the period that influent exceeds design parameters, does not contain Adequate Nutrients, contains Biologically Toxic Substances (that exceed process inhibiting levels or creates concentrations exceeding application or discharge limitations), and the subsequent recovery period. Appendix F - 1 of 2 FA The estimate Costs for services under this Agreement are based upon the following Project characteristics: Annual Average Noland WRRF West Side WRRF Flow MGD 5.67 9.44 BOD lbs/d 15,164 12,529 TSS lbs/d 8,526 12,554 The above characteristics are the actual twelve (12) months average July through June prior to the date services are first provided under this Agreement. Any change of 10 percent (10%) or more in any of these characteristics, based upon a twelve (12) month moving average, may constitute a change in scope. F.5 The current applicable environmental permits are as follows: Permit AFIN No. Permit No. Expiration Date NPDES - Noland 72-00781 AR0020010 12/31/2022 NPDES - West Side 72-01033 AR0050288 11/30/2010 No Discharge Permit — Biosolids Management Site 72-00829 4748-WR-4 12/31/2025 Air - Hamestrin 72-01873 2179-A N/A Air - West Side 72-01033 2178-A N/A Air Noland 72-00781 2327-A-REG315 Registration Only Stormwater No Exposure Certification (NEC)- Noland 72-00781 ARROOC377 6/30/2024 Stormwater No Exposure Certification (NEC)- West Side 72-01033 ARR000390 6/30/2024 Appendix F - 2 of 2 Appendix G INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM G.1 CH2M HILL shall: Administer the Industrial Pretreatment Program in accordance with 40 CFR 403. Administration shall include: G.1.1 Maintain the industrial waste sampling and analysis program for pretreatment and surcharge, as described in G.3. This shall include an annual evaluation of the program and notification to the City of Fayetteville of changes in Federal and State pretreatment standards that may affect the Program. G.1.2 Conduct a survey of the industrial user base one time every three (3) years to identify new, or significant, industrial users in Fayetteville and in cities with which Fayetteville has inter jurisdictional agreements for waste treatment. Update, as required the list of current Significant Industrial Users (SIU's) according to the definition of SIU in 40 CFR 403 or the definition in the approve pretreatment program, whichever is more stringent. G.1.3 Monitor the compliance status of the current Significant Industrial Users (SIU's) through sampling, analysis, inspection, and record reviews. Each SIU shall be sampled and inspected at the frequency established in 40 CFR 403 or the City of Fayetteville's approved implementation manual, whichever is more stringent. Recommend appropriate enforcement action to City of Fayetteville G.1.4 Maintain the laboratory analysis program for each SIU. Results of all industrial sampling and testing shall be reported to the City of Fayetteville as required, in a timely manner G.1.5 Implement the approved industrial permitting system. Prepare SILT permits for issuance or renewal within 90 days of the expiration date or within 180 days after the industry has been determined to be a SIU. G.1.6 Receive, review and act upon reports and notification from industrial users. G.1.7 Notify the City of Fayetteville as soon as is practical but no later than three (3) business days, verbally and followed by written confirmation, whenever an industry is suspected of violating, or has violated the City of Fayetteville's industrial waste and/or sewer ordinances. Prepare notice of violations and other enforcement documentation for City of Fayetteville signature in accordance with the Enforcement Response Plan in the State approved Industrial Pretreatment Program. G.1.8 Track, determine, and publish industrial users insignificant noncompliance. G.1.9 Draft new, revised, and renewal industrial waste discharge permits for the SIU's for City of Fayetteville signature. G.1.10 Assist City of Fayetteville with review and revision of the sewer use ordinances, the pretreatment program, and inter jurisdictional agreements. Local limits evaluation, if requested, may be provided as an out of scope service. The costs of such evaluation will be determined and negotiated at the time of the request. Advise the City of Fayetteville of changes in federal and State Pretreatment Standards and regulations and how the changes affect the local program. Request approval from the City of Fayetteville and the Approval Authority prior to implementing significant changes to the approved Program in accordance with 40 CFR 401.19 (C). Appendix G - 1 of 2 G.1.11 Prepare for City of Fayetteville signature of the Industrial Pretreatment annual report for submittal. G.1.12 Maintain all industrial monitoring records for at least five (5) years. G.1.13 Maintain open communication with the SIU's. G.2 Significant costs due to new or changed Federal, State or local regulations shall cause a discussion of change in contract scope. G.3 Industrial Waste Dischargers and Monitoring Program in City of Fayetteville, AR: Industry Parameters Analyzed ConAgra Foods Packaged Foods, LLC (Conagra) Biochemical oxygen demand, total 1100 W, 15`h Street suspended solids, phosphorus, pH, oil Fayetteville, AR 72701 & grease Custom Powder Coating Services, Inc. Cadmium, chromium, copper, lead, 1629 W. Farmington St. nickel, silver, zinc, cyanide Fayetteville, AR 72701 Elkhart Products Corporation Chromium, copper, lead, nickel, zinc, 3265 Highway 71 South oil &grease Fayetteville, AR 72701 Hiland Dairy Company Biochemical oxygen demand, total 301 E. 15`h Street suspended solids, phosphorus, pH, oil Fayetteville, AR 72701 & grease Marshalltown Company Cadmium, chromium, copper, lead, 2200 Industrial Drive nickel, silver, zinc, cyanide Fayetteville, AR 72701 Tyson Mexican Original, Inc. Biochemical oxygen demand, total 2615 S. School suspended solids, phosphorus, pH, oil Fayetteville, AR 72701 & grease Appendix G - 2 of 2 Appendix H VEHICLE AND MOBILE EQUIPMENT DESCRIPTION (ROLLING STOCK) Unit # Unit Description Location Year 85U 1998 Ford F-800 Flatbed Biosolids Management Site 1998 325U2 Ford F350 Super Duty, Reg. Cab Biosolids Management Site 2000 376 Ford F550 Super Duty/Crane, Crew Cab Biosolids Management Site 2012 382 Ford F550 Super Duty/Crane, Crew Cab Biosolids Management Site 2015 387 Ford F-350, Flatbed Paul R Noland 2016 388 Ford F-350, Flatbed Biosolids Management Site 2016 696 Caterpillar 420E Backhoe Paul R Noland 2012 748U Freightliner M2-112 Dump Tandem Axle Biosolids Management Site 2006 751U Sterling LT9500 Semi Tractor Biosolids Management Site 2006 766 Kenworth T800 Semi Tractor Biosolids Management Site 2011 768 Kenworth T470 (Spreader) Biosolids Management Site 2012 770 Kenworth T800 Semi Tractor Biosolids Management Site 2013 771 Kenworth T800 Semi Tractor Biosolids Management Site 2013 786 Kenworth T800 Semi Tractor Biosolids Management Site 2018 818 Caterpillar P5000LP Forklift West Side 2008 910 Trailer Paul R Noland 1987 927 Parker 24' Gooseneck Trailer Biosolids Management Site 1991 966 P.J. Trailer, 18FT Biosolids Management Site 1996 969 LO-Boy 25T-36FT Trailer Biosolids Management Site 1996 1274 Chevrolet Equinox West Side 2014 2101U 2006 Ford F150 Paul R Noland 2006 2156 Chevy Colorado, 4X4 Paul R Noland 2012 5001 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5002 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5012 Ford/NH 4X4 T6030 Loader Tractor Biosolids Management Site 2009 5022 Case Maxxum 125 4X4 Loader Tractor Biosolids Management Site 2011 5024 R&R 35' Manure/Litter Conveyor Biosolids Management Site 2011 5025 R&R 35' Manure/Litter Conveyor Biosolids Management Site 2011 5034 Rhino R180 Cutter Biosolids Management Site 2012 5057 Ford/NH Workmaster 55 4X4 Tractor Biosolids Management Site 2015 5058 Ford/NH T6.155 4X4 Loader Tractor Biosolids Management Site 2015 5059 John Deere 615D 4X4 Loader Tractor Biosolids Management Site 2015 5070 Meyer Spreader Biosolids Management Site 2016 5072 New Holland Hay Rake Biosolids Management Site 2017 5084 New Holland Roll Belt 450 Rounder baler Biosolids Management Site 2018 5086 NH Protedd 3417 Biosolids Management Site 2018 5087 Wylie LCS Trailer Sprayer Biosolids Management Site 2018 5089 New Holland Roll Belt 450 Round baler Biosolids Management Site 2019 Appendix H - 1 of 2 5095 New Holland Speed Rower (swather) Biosolids Management Site 2019 5096 John Deer 630 MOCO Biosolids Management Site 2019 6000 John Deere Articulated Loader Biosolids Management Site 2012 6037 Bobcat 5770 Skid steer Biosolids Management Site 2020 9111u Clement Star-Lite Trailer (Replaced) Biosolids Management Site 2009 9124 Thompson 6" Diesel Power Pump/Trailer Paul R Noland 2009 9142 Aulick 42' Belted Trailer Biosolids Management Site 2011 9165 Clement Star-lite Trailer (Replaced) Biosolids Management Site 2013 9166 Clement Star-lite Trailer Biosolids Management Site 2013 9193 Clement Starlite End Dump Trailer Biosolids Management Site 2015 9223 Godwin 6" Portable Pump Biosolids Management Site 2016 9227 Clement Starlite End Dump Trailer Biosolids Management Site 2016 9239 Genie S-45 Man Lift Biosolids Management Site 2017 9241 Clement Starlite End Dump Trailer Biosolids Management Site 2017 9250 Unicarriers 50 Forklift Paul R Noland 2017 Parkson Electronic Mole — Billy/Trick Biosolids Management Site 2011 Parkson Electronic Mole — Cricket Biosolids Management Site 2011 Parkson Electronic Mole — Goofy Biosolids Management Site 2011 Parkson Electronic Mole—Jurgens Biosolids Management Site 2011 Parkson Electronic Mole —Tiny Tim Biosolids Management Site 2011 Parkson Electronic Mole — Loenneke Biosolids Management Site 2011 Parkson Electronic Mole — Billy Biosolids Management Site 2011 Portable Generator for Lift stations Paul R Noland 2005 9280 Clement Star-Lite End Dump Trailer Biosolids Management Site 2021 9283 Clement Star-Lite End Dump Trailer Biosolids Management Site 2021 Appendix H - 2 of 2 Appendix I BASE FEE AND FIXED MANAGEMENT FEE ADJUSTMENTS I.1 The Base Fee adjustment formula is as follows: Where: ABF = BF x (1 + AF) BF = Base Fee specified in Appendix D ABF = Adjusted Base Fee AF = Adjustment Factor as determined by the formula: AF = .5 (ECI + CPI) ECI = The twelve month percent change (from the third quarter of the prior year to the third quarter in the current year) in the Employment Cost Index for Total Compensation for Civilian Workers, Not Seasonally Adjusted as published by U. S. Department of Labor, Bureau of Labor Statistics in the Detailed Report Series ID: CIU1010000000000A. CPI = The twelve month percent change (from October of the prior year to October of the current year) in the Consumer Price Index for All Urban Consumers, Not Seasonally Adjusted as published by U.S. Department of Labor, Bureau of Labor Statistics in the CPI Detailed Report Series Id: CUUROOOSAO. I.2 Fixed Management Fee adjustment The Fixed Management Fee will be adjusted annually directly proportional to the base fee costs. Appendix I - 1 of I Appendix J SAMPLE OF MONTHLY REPORTS CH2M HILL will provide the City of Fayetteville with 4 monthly reports detailing operations and costs for the previous month. 1. Report 1 is a word/pdf document. The report is a narrative detail of the monthly operations of the WRRF's, BMS, and the Woolsey Wet Prairie. 2. Report 2 is an excel document that compares actual expenses to the budget in Table D-1, Cost Detail. The report will include the annual totals tab, a tab for each month, and an overall reconciliation tab. Below is a snapshot of an example annual tab. JACCIUS Client Monthly Financial Report ..00 LLE 3. Report 3 is an excel document that lists all of the non -labor expenses for the month. The data included in the report consists o£ a. A pivot table tab enabling quick viewing of costs by major category per cost center. b. An hours tab showing the total hours worked each month split into regular time and overtime: Example Total Hours Worked XXXXX Regular Hours XXXXX Overtime Hours XXXXX c. A non -labor tab listing each expense with the following detailed columns: • Project Number, Provider GL Period Name, Item Date, Expenditure Type, Expenditure Category, Task Number, Task Name, Employee/Supplier, Project Cost, Comment, Invoice Number, Cost Center Lookup, and Task Lookup Provider GL Item Employee/ Project Invoice Cost Center Task Project Period Name Date Expnd Type Expnd Category Task Task Name Supplier Cost Comment Number Lookup Lookup WRRF BIOSOLID 659031CH JAN-FY2019 7/1/2019 Miscellaneous Miss. 31.WW.BS.05 FAYETBIODrying SOLIDS Example $ "FedEx 12345 MANAGEMENT BDds Reimbursables PROG Drying 4. Elkins BOD Loading Report: Detail of Noland BOD loading in pounds / day and as a percent of design 5. CIP status report Appendix J - 1 of l Appendix K C112M HILL TRAVEL POLICY K.1 CH2M HILL shall follow its travel policy when traveling for business related to this agreement. A copy of the policy will be available on request. Appendix K - 1 of 1 APPROVED: M RESOLUTION NO,256-09 0 RESOLUTION TO APPROVE AN AGREEMENT FOR OPERATIONS,, IONS, MAINTENANCE NANCE AND MANAGEMENT DEMENT SERVICES OF THE CITY' S WASTEWATER PLANTS AND PUMP STATIONS WITH CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $6,858,886.00 PLUS CONTINGENCY OF $759000.00 FOR SERVICES I`N 2010 WHEREAS, CH2M Hill Engineers, Inc. was selected by a City Selection Committee as the best applicant to operate our sever plants and lift stations; and WHEREAS,, the City Administration and CH2M Hill Engineers, inc. have negotiated a proposed five year contract "subject to and contingent upon yearly budget approval by the City f Fayetteville," with to successive five year options to renew. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of THE CITY of FAYETTEVILLE, ARK I S S: Section l : That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Agreement with CH2M LI Hill Engineers, Inc. in the amount of $6,858.886.00 plus a contingency of $75,000.00 for operations, maintenance and management services ofthe Cit ' wastewater plants and pump stations in 2010. PASSED and APPROVED this l �h day of December, 2009. 00*09 zz • I` 'r eh ?+ ' e J FAYMEVILLE ATTEST: y: SONDRA E. SMIT rTreasurer f . � 3 AGREEMENT For OPERATIONS, MAfNTEN NCE, AND MANAGEMENT SERVICES Between CITY OF FAY TT V ILL , ARI ANS S And CH2M HILL ENGINEERS, INC. NT hereinafter "'Agreement") is made a f � d TI�II� AGREEMENT � , 2 0 , by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City of Fayetteville) and CH2M HILL Engineers, Inc., (hereinafter "CH2M HILL"). The City of Fayetteville requires professional operation, maintenance, management and engineering services for wastewater treatment facilities and systems owned by the City of Fayetteville. Therefore, City of Fayetteville and CH2M HELL mutually agree that CH2M HILL shall serve as such. SECTION 1: AUTHORIZATION OF SERVICES 1.1 Definitions of words or phases used in this Agreement are contained in Appendix B. 1.2 All grounds, facilities, equipment, and vehicles now owned by City of Fayetteville or acquired by City of Fayetteville shall remain the property of City of Fayetteville. 1. F This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arkansas and venue shall be in Washington County, Arkansas. 1.4 This Agreement shall be binding upon the successors and assigns of each of the parties, but neither party will assign this Agreement without the prior written consent of the other party. Consent shall not be unreasonably withheld. 1.5 All notices shall be in writing and transmitted by certified mail t: City of Fayetteville 113 Nest Mountain Fayetteville, AR 72701 CH2M HILL 9193 South Jamaica St., Suite 400 Englewood, CO80112 ATTIC: Director of Contracts 1.6 Changes, modifications, or amendments in scope, price or fees to this Contract shall not be allowed without formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost, fees, or delivery schedule. 1.7 This Agreement, including Appendices, is the entire Agreement of the parties. This Agreement may be modified only by written agreement signed by both parties. Wherever used, the terms "CH2M HILL" and "City of Fayetteville"' shall include the respective officers, agents, directors, elected or appointed officials, and employees. 1.8 The Utilities Director and Construction and Contract Manager are the City of Fayetteville' project representatives with respect to the services performed under this Agreement. They shall have complete authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to materials, equipment, elements, and systems to be used in the Project, and otber matters pertinent to the services covered by this Agreement. 20Nov2OO9 Agreement - ] of SECTION : SCOPE of SERVICES — CH2M BILL 2.1 Perform professional services in connection with the Project as hereinafter stated. 2.2 operate and maintain all facilities over a -hour per day, -tray per week period, under full service contract operations and maintenance. operations may be performed with on site staff and/or remote monitoringln-call services for all or portions of this time. 2.3 The detailed Scope ofServices to be furnished by CH2M HILL is included in Appendix C attached hereto and made past ofthis Agreement. SECTION : SCOPE OF SERVICES - CITY OF FAY TTEVILLE f .1. Provide full information as to City ofF r tt vill 's requirements for the Project in writing. .2. The detailed Scope of Services to be furnished by City of Fayetteville is included in Appendix attached hereto and made part of this Agreement. SECTION : CoMIPEI SATIO - .1 The detailed Compensation for Services to be fumished by City of Fayetteville during the Project is included in Appendix D attached hereto and made part of this Agreement. .2 CH2M HILL and City of Fayetteville agree that CF12M HILL will provide a monthly report in a fon-nat to be agreed upon by the parties reflecting estimated to actual cost, and will submit the report within thirty calendar days after the end ofthe monthly period. The year end reconciliation ill be performed following CH2MHIL.L's annual audit and will be submitted within one hundred twenty 12 calendar days of the end of the contract year. Any difference due to City of Fayetteville or CH21I HILL will be paid within thirty calendar days of the annual reconciliation completion. 4.3 In the event that a change in the scope of services provided by CH2M HILL occurs, City of Fayetteville and CH2M HILL will negotiate a commensurate adjustment in estimated annual cost. SECTION : PAYMENT OF COMPENSATION .1 one twelfth 112 of the Base Fee for the current year shall be due and payable on the tenth 1 th of the month for each month that services are provided. Monthly statements for each calendar month shall be submitted to City of Fayetteville or such parties as City of Fayetteville may designate for services consistent with CH2M HILL's normal billing schedule. once established, the billing schedule shall be maintained throughout the duration of the-- Project. Applications for payment shall be made in accordance with a format to be developed by CH2M HILL and approved by City ofFayetteville. .2 All other compensation to CH2M HILL is due upon receipt of CH2M HILL"s invoice and payable within thirty calendar days, however; payment within 30 calendar clays is not guaranteed. 20Nov2OO9 Agreement - 2 of SECTION . INDEMNITY, LIABILITY, AND INSURANCE .1 During the course of performance ofthese services, each party will maintain insurance coverages as fo 1 I : .1.1 CH2M DILL shall maintain: .1.1.1 Statutory workers' compensation for all CH2M HILL's employees at the Project a required by the Mate of Arkansas. .1.1.2 Comprehensive general liability insurance in are amount not less than ,00,00.o combined single limits for bodily injury and/or property damage. .1.2 City of Fayetteville shallmaintain: .1.2.1 property damage insurance for all property including vehicles and equipment owned by City f Fayetteville and operated by CH2M DILL under this Agreement. .1.2.2 Autom bile liability insurance for all vehicles and equipment owned by City of Fayetteville and operated by CH2M HILL under this Agreement. The City of Fayetteville is covered by a plan with the Arkansas Municipal League. 11 .2 CH2M HILL shall indemnify City of Fayetteville for damages, injury, or loss which may arise from CH2M I HILL's negligent operations or intentional acts under this Agreement, to the proportion such negligence or act contributed to the damages, injury, or loss, whether such negligent operation or intentional act be by CH2M HILL or by a subcontractor ofCH2M HILL. 6.3 CH2M HILL shall be liable for those fines or civil penalties, which may be imposed by a regulatory agency for violations ofthe effluent quality requirements specified in the City of Fayette ille's NPDES discharge permits, that are a result ofCH2M HILL's negligent Operation. City of Fayetteville will assist CH2M HILL to contest any such fines in admihistrati e proceedings and/or in court prior to any payment by CH2M HILL. CH2M HILL shall pay the costs ofcontesting any such fines. 1 6.4 The City of Fayetteville agrees (without waiving its statutory immunity) to hold harmless, indemnify and defend CH2M HILL from and against any and all claims, losses, Damages, liabilities and costs including costs ofdefense arising out of or caused by CH2M HEL'1,S' n n- negligent operation f the wastewater facilities which nevertheless resulted in the presence, discharge, release or escape of hazardous substance(s) that damaged third parties. CH2M HILL shall have the initial duty to prove that any presence, discharge, release or escape of hazardous substance that damaged third parties was not caused by it or its employees" or its subcontractors' negligence, mistake, or intentional act before the City of Fayetteville must indemnify CH2M HILL, for any resulting damages and costs. 6.5 Nothing contained herein shall constitute a waiver of any statutory, legal or equitable defenses the City of Fayetteville may have as a municipality, including but not limited to tort immunity under Mate statute. 6.6 City of Fayetteville and CH2M HILL waive all rights against each other and their! officers, directors, agents, or employees for damage covered by property insurance during and, after the completion ofC142M HILL"s services. If the services result in a construction phase, a provision 1 20Nov2OO9 Agreement - 3 of similar to this shall be, incorporated into all construction contracts entered into by City f Fayetteville, and all construction contractors shall be required to provide waivers of subrogation in favor of City of Fayetteville and CH2M HILL for damage r liability covered by any bf CH2M HELL's construction insurance policy. j .7 In no event shall either party be liable to the other party for special, indirect or damages, whether such liability arises in breach of contract r negligence, strict or statutory liability, r any other cause of action. SECTION 7: TERM AND TERMINATION a cnequential warranty, tort including 7.1 The initial term of this Agreement shall be five gears commencing on January 1, 2 1 and ending on December 31, 2014, followed by two 2 successive five year options, each option renewable at the mutual agreement of the City of Fayetteville and CH2M HILL.. Each option can be made effective by written agreement of the parties ninety 9 calendar days prier to the expiration of the previous contract period. All contract periods and renewals are subject to and contingent upon yearly budget approval by the City of Fayetteville. 1. 7.2 Either party may terminate this Agreement for a material breach of the Agreement by ;the other party after giving written notice of breach and allowing the other party thirty caleiidar days to correct the breach. Neither party shall terminate this Agreement without giving the other party thirty calendar days' written notice ofintent to terminate after failure ofthe other party t correct the breach within thirty calendar days. 7.3 CH2M HILL will exercise reasonable shill, care, and diligence in the performance Of CH2M HILL's services and will carry out its responsibilities in accordance with customarily! accepted operating practices. City of Fayetteville will promptly report to CH2M HILL any defects or suspected defects in CH2M I HILL's services of which City of Fayetteville becomes aware, so that CH2M HILL can tale measures to minimize the consequences of such a defect. � 7.4 Upon notice of termination by City ofFayetteville, CH2M MILL shall assist City of Fayetteville in resuming operation of the Project. The City of Fayetteville reserves the right to unilaterally extend the contract ofthe same terms and conditions,, for a period not to exceed three months from the date oftermination. The term of this period shall be determined within the ter:minati n notice. CH2M HELL will cooperate in good faith to effectuate a smooth and harmonious transition from CH2M HILL to the City of Fayetteville. If additional cost is incurred ley CH2M HILL at request of City of Fayetteville, City of Fayetteville shall pay CH2M HILL such cost in accordance with Paragraph 5.2. SECTION : SPECIAL CONDITIONS � 1 ,1 Audit: Access to Records a .1.1 CH2M HILL shall maintain books, s, records, documents and other evidence directly pei in nt t performance on work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date ofexecution of this Agreement. CH2M HILL shall also maintain the financial information and data used by CH2M HILL in the preparation ofsupport of the cost submission required for any negotiated agreement or change order and send to City of Fayetteville a copy ofthe cost summary submitted. City of Fayetteville, the State or any oftheir authorized representatives shall havd access to all such books, records, 20Nov2OO9 Agreement - 4 of 01 documents and other evidence for the purpose of inspection, audit and copying during normal business hours. CH2M HILL will provide proper facilities for such access and in peetlon. .1.2 Records under paragraph 8.1.1 above, shall be maintained and made available for a period of three 3 calendar }mars. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken,, shall be maintained and made available until three years after the date of resolution ofsuch appeal, litigation, claim or exception. a f 8.1.3 This right of access clause (with respect to financial records) applies to: .1.3.1 Negotiated prime agreements; .1. .2 Negotiated change orders or agreement amendments in excess of $10,,000 affecting the price of any formally advertised, competitively awarded, fixed price agreement; � .1.3.3 Agreements or purchase orders under any agreement other than a formally advertised, ompetitively awarded, fixed price agreement. However, this right f a cl not apply to a prime agreement, lower tier sub agreement or purchase order awarded after; effective price competition, except: 1 .1.3.3.1 with respect to record pertaining directly to sub agreement performance, exchiding any financial records of CH2M HILL; .1.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved; i .1.3.3.3 If the sub agreement is terminated for default or for convenience. ' 1 .2 Covenant Against Contingent Fees .2.1 CH2M HILL warrants that no person or selling agency has been employed or retained to' solicit or secure this Agreement upon an agreement ofunderstanding for a commission, percentage, brokerage or continent fee, excepting bona fide employees or bona fide established eommi' ercial or selling agencies maintained by CH2M HILL for the purpose of securing business. For breach or violation of this warranty, City of Fayetteville shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. .3 Gratuities 1 .3.1 If City of Fayetteville finds after a notice and hearing that CH2M HILL or any of CH2M HILL's agents or representatives, offered or gave gratuities 1n the form of entertainment gifts or otherwise) to any official, employee or agent ofCity of Fayetteville, in an attempt to secure an agreement or favorable rabl treatment in awarding, amending or making any determinations related t the performance of this Agreement, City of Fayetteville may, by written notice to CH2M HILL, terminate this Agreement. City of Fayetteville may also pursue other rights and rermedie"s that the law or this Agreement provides. However, the existence f the facts on which. City of Fayetteville bases such finding shall be in issue -and may be reviewed in proceedings. under the Remedies clause of this Agreement. a { a 2 Nov2OO9 Agreement - 5 of 8a 1 8.3.2 In the event this Agreement is terminated as provided in Paragraph 8..1, City of Fayetteville may Pursue the same remedies against CH2M HILL as it could pursue in the event of a breach of the Agreement by CH2M HILL, in addition to any other damages to which it may be entitled by law. 8.4 Entire Agreement 8..1 This Agreement, including Appendices listed in Appendix A, represents the entire Agreement between CHIT HILL and City of Fayetteville relative to the Scope of Services herein. Since terms contained in purchase orders do not generally apply to professional services, in {the evert City ofFayetteville issues to CF12M HILL a purchase order, no preprinted terms thereon shall become a part of this Agreement. Said purchase order document, whether or not signed by 1 i H HILL, shall be considered as a document for City of F yette ille's internal mahagement f its operations. 8.5 Arkansas Freedom of Information Act . .1 City of Fayetteville contracts and documents, including internal documents and documents of subcontractors and sub -consultants, prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act FI. If a Freedom of Information Act request is presented to the City of Fayetteville, CH2M HILL will do everything reasonably possible to provide the documents to City of Fayetteville in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act A. . . §25-19-101 et sect.. Only legally aulthorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.6 In the event that activities by City of Fayetteville's employee groups or unions cause a disruption in CH2M HILL's ability to perform at the Project, City of Fayetteville, with CH2M HILL' assistance or CH2M HILL, at its own option, may seek appropriate injunctive court orders. During any such disruption, CH2M HILL shall operate the facilities on a best-efforts basis until any such disruptions cease. 8.�7 Neither party shall be liable for its failure to perform its obligations under this Agreement Of performance is made unpractical, abnormally difficult, or abnormally costly, due to any unforeseen occurrence beyond its reasonable control. The party invoking this Force Majeure clause shall notify the other party immediately by venal communication and in writing by certified mail of the nature and extent of the contingency within ten 10working clays after its occurrence. 8.8 Neither party shall, without the written agreement of the other party, offer employment to each other's employees during the term of this Agreement and for a period of two gears after the end of this Agreement. .9 The City of Fayetteville and CH2M HILL shall make eery effort to procure equipment, materials, and services for the best value. Procurement shall be through the City ofFayttevill 's or CH2M HILL's available purchasing agreements. 8.10 Revenue Generation 8.1.1 CH2M HILL shall provide support to the City of Fayetteville in the development and implementation of certain activities associated with revenue generation opportunities for the City of Fayetteville. Initially, these opportunities may include, but are not limited to: 8.10.1.1 The sale of hay from the farm site. 20Nov2OO9 Agreement - 6 of 8.10.1.2 Performance oflaboratory analyses for outside entities, 8.10.1.3Processing and disposal of biosolids for outside entities. 8.10.1.4Marketing and sale ofdried biosolids. 8.1 .2 In consideration ofcosts resulting from this support and in order to provide incentives for CF1I i HILL to perform to the benefit of the City of Fa yett vill 's objectives, a revenue sharing program would be negotiated between the City of Fayetteville and CF12M HILL and included to this Agreement by Appendix. 8.11 The parties contemplate that minor design cngineering services may be provided by CFI [ I -TIDE from time to time. The scope and compensation for such services shall be mutually neg6tiated by the parties prior to the commencement ofwrl. a SECTION 9: DISPUTE RESOLUTION 9.1 The procedures of this paragraph shall apply to any and all disputes between City of Fayetteville and CHIT HILL which arise from, or in any way are related t, this Agreement, including, but not limited to the interpretation of this Agreement, the of re nt ofits terms, any acts, errors, r omissions of City of Fayetteville or CH2M HILL to the performance of this Agreement, and disputes concerning payment. 9.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely notice is given under Paragraph 9.2.1, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in Paragraphs 9..1 and 9..2 have been complied with. 9..1 Notice of Disl2ute r 9.2.1.1 For disputes arising prior to the making of final payment promptly after the occurrence ofany incident, action, or failure to act upon which a claim is based, the party seeping relief shall serve the other party with a written notice; a .2.1.2. For disputes arising within one year after the making of final payment, City of Fa etteville shall give CH M HILL written notice at the address listed in Paragraph 1.5 within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement thatiauthorize the relief requested. 9.2.2 Negotiation 9.2.2.1 Within seven calendar days of receipt of the notice, the Project Managers for City of Fayetteville and CH2 HILL shall confer in an effort r to resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request ofeither side, the matter shall be referred to the President or his/her designee of CH2M HILT and the Mayor of City of Fayetteville or his/her designee. These officers shall meet at the Project Site or such other location as is agreed upon within thirty calendar days of the written request to resolve the dispute. 2 Nov2OO Agreement - 7 of 9.3 Controlling Law 9.. I This Agreement shall be subject t, interpreted and enforced according to the laws of the State of Arkansas as without regard to any conflicts ofraw provisions. � 9.4 Arbitration 9..1 Any controversy between the parties to this Agreement involving the construction or application f any of the terms, covenants or conditions ofthis agreement shall, on the written request f one party served on the other within thirty calendar days after the dispute arises, be submitted to arbitration, and such arbitration shall comply with and be governed by the Arkansas Uniform Arbitration Act A.C.A. § 1-1 -2 1 eta* 9. .2 The parties to this Agreement may agree on one arbitrator, but in the event that they cannot agree, there shall be three arbitrators, one named in writing by each of the parties within fourteen (14) calendar days after demand for arbitration, and a third to be chosen by the two so named. 9.4.3 If there is one arbitrator, his or her decision shall be binding and conclusive on the parties. If there are three arbitrators, the decision of any two shall be binding and conclusive. IN WITNESS WHEREOF, City of Fayetteville, Arkansas by and through its Mayor, and CH2M HILL, by its authorized officer have made and executed this Agreement as of the day and year first above written. CH2 I HILL ENGfNEERS, INC. : Natalie Eldredge CITY OF FAY TT VILL , ARKANSAS a& nld Jr �t 1 ;�-3 1 51 Title: Vice President ATTEST; y: �i a�''r � � � � r'r�►� � �T EA 9 • C r�E aAkv�T Sondra Smith, City Clerk EN OF AGIB lri ENT FOR OPERATIONS, MA INTEN NC , ANI MANA M ENT S hK V I C ES 20Nov2OO9 Agreement - 8 of Appendix A. LIST OF APPENDICES Appendix A --- List of Appendices Appendix B — Definitions Appendix C — Scope ofServices Appendix D — Compensation for Services Appendix E — Location of Project Appendix p — Environmental Pen -nits and Project Characteristics Appendix G — Industrial Waste Discharges and Monitoring Program Appendix H —Vehicle and Mobile Equipment Description (Roiling Stock) Appendix I — Base pee Adjustment Appendix A - I ofI Appendix DEFINITIONS B.I The "Project' means all equipment, vehicles, grounds and facilities described in Appendix E and where appropriate, the management, operations and maintenance of such. .2 "Capital Expenditures' means any expenditures for 1 the purchase of new equipment or facility items that cost more than ten thousand dollars $1 , o ; or major repairs which significantly extend equipment or facility service life and cost more than ten thousand dollars $10, 0 ; or 3 expenditures that are planned, non -routine and budgeted by City of Fayetteville. .3 "Cost" means the total of all costs determined on an accrual basis in accordance with 'generally accepted accounting principles including but not limited to direct labor, insurance, labor verhead, chemicals, materials, supplies, utilities, equipment, maintenance, repair, and outside services. B. "Maintenance"' means the cost of those routine and/or repetitive activities required or recommended y the equipment or facility manufacturer or CH2M HILL to maximize the service life of the equipment, vehicles, and facilities as listed in Appendix E. "Repairs" means the cost of those non-routine/non-repetitive activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof; cost less than ten thousand dollars ($10,000); and are not included in definition B.2 ofthis Appendix. "Repairs" exclude cost of repair parts caused by storm damage to the supervisory control and data acquisition(SCADA) system. B. "Out of scope" services will include "capital expenditures'' (definition B.2 of this Appendix), added or modified regulatory requirements (that are not contained in the applicable ;permits), changes to improve efficiency and/or generate income, or other services not described in the contract and requested by the City ofFayetteville. These services shall be performed i stated in Appendix C. Should "Out of Scope Services" become a permanent and ongoing requirement, CH211 HILL will submit a charge of scope request within a reasonable amount of time in accordance with Paragraph 1.6 of the Agreement. B. "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent its sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of City of Fayetteville'Fayetteville's NPDES permit. Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. B.8 "Adequate Nutrients"" means plant influent nitrogen, phosphorus and iron contents proportional to BOD5 in the ratio of five parts nitrogen, one 1 part phosphorus, and one half o. part iron for each one hundred 1 parts BOD5. 13. "'Base Fee" means all costs within the scope of the contract, on an annual basis, including direct costs, labor, utilities, and other allocated costs. .1 `Fixed Asset' means any tangible property that has a value of five thousand dollars $ , o or more and is depreciable. This excludes the repair/replacement parts that are components Of a greater fixed asset. 1 Appendix B - l of 1 Appendix C SCOPE OF SERVICES .1 SCOPE of SERVICES T I; H2M HILL C.1. f Perform professional services in connection with the Project as hereinafter stated. C.1.2 operate and maintain all facilities over a 2 -hour per day, -day per week period, under full service contract operations and maintenance. Operations may be performed with on site staff, and/or remote monitoringlon-call services for all or portions of this time. C. 1.3 within the design capacity and capability of the Project, manage, operate, and maintain the Project so that effluent discharged from the Project meets the requirements specified in Appendix F. .1.4 Operate and maintain the present Industrial Pretreatment Program including all monitoring, inspections, sampling, testing, reporting, and record keeping as described in Appendix G. results of all industrial sampling and testing shall be made available to City of Fayetteville as requested. . 1.5 Provide all Maintenance for the Project. Document as required to continue existing maintenance program and to provide City of Fayetteville requested reporting, including but not l.imited to updated preventative maintenance schedules. City of Fayetteville shall have full access to preventative maintenance records. C. 1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agr ement. C.1.7 Staff the Project with a minimum of three (3) Arkansas Class N Wastewater licensed operators. . 1.8 Prepare all NPDES permit reports, letters, or other correspondence, and submit these to City of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by CH2 i HILL. Any fines levied because of late reports as a result of CH2M FnUs failure t complete and allow sufficient time for City of Fay tt ill 's signature and transmittal shall be paid by CH2M HILL. Submittal to the City of Fayetteville y the 15 th of the month follo I wing the reporting period shall be considered timely. . 1.9 Provide for proper disposal of screening, scurry, grit, and biosolids in compliance with permit and regulatory requirements, as long as a suitable location for such disposal is reasonably available. Should regulations and/or disposallapplication options significantly change, projected costs will be revised by mutual agreement. C. 1. 10 Provide all manufacturers' warranties on new equipment purchaser/ by the City of Fayetteville and assist the City of Fayetteville in enforcing existing equipment warranties and guarantees. ; C.1.11 Be responsible for all laboratory testing and sampling presently required by the I PDES permits, stormwater permits, "no discharge" permits, and other related requirements. C.1.12 Provide an inventory of vehicles and equipment (rolling stock) that are being used at the Project at the beginning of each contract year. C. 1. 13 Provide twenty four 2 hour per day access to Project for City of Fayetteville's personnel. Visits may be made at any time by any of City of Fayett ville"s employees so designated b City of Fay tteville"s representative. Keys for Project shall be provided to City ofFayetteville b� CH2M Appendix C - l of r HILL. All visitors to the Project shall comply with H2M HILL's operating and safety procedures. C.1.14 Provide for the maintenance of existing City of Fayetteville rolling stock such as dump trucks, tractors, and trailers that are necessary for the operations and maintenance of the facilities. C.1.15 Provide training for personnel in areas of operation, maintenance, safety, supervisory skills, laboratory, and energy management. Continue the current project safety program with updates as necessary. C. 1. 16 Provide computerized maintenance,, process control, and laboratory management systems. C.1.17 Comply with the requirements ofCity of Fayetteville regarding affirmative action provisions for minority hiring. 1 C. 1. 18 Provide City of Fayetteville with a full accounting of all expenditures at intervals and in sufficient detail as may be determined by City of Fayetteville and assist City of Fayetteville in preparation of annual operating budgets. City of Fayetteville shall be allowed to conduct or have conducted audits of all accounting records related to the direct contract operations of this Agreement at times to be determined by City of Fayetteville. C.1.19 Provide City of Fayetteville with full documentation that preventative maintenance; is being performed on all City of Fayetteville equipment in accordance with manufacturer's recommendations at intervals and in sufficient detail as may be determined by City ofFayetteville. Maintenance program shall include documentation of corrective and preventive maintenance and a spare parts inventory. C.1.20 Provide for repairs as described in the Appendix B. . .1.21 Maintenance of the SCADA system as described in Appendix E, to include ongoing updates and upgrades of the software and hardware to ensure operational continuity and in accordance with initiatives as agreed upon by the City ofFayetteville and CH2M DILL. .1.22 Maintain odor control at the wastewater treatment facilities and wastewater lift stations, including the Harnestring Lift Station force mains. C.1.23 Verify the capacity and efficiency of each sewer lift station once a year. .1.2 ,Provide recommendation's for Capital Improvements Program CIP with a schedule for improvements and expenditures as requested by the City of Fayetteville. A five year, schedule will be presented for all capital improvements and ten 1 year projections will be made for major improvements. These recommendations will be based on requirements determined from facility operations and does not include detailed engineering studies. In addition, CH2M HILL will prepare the required forms and documentation required during budget and capital improvements Budget preparation time each year. Except for the improvements requiring an engineering study, the following will be included for each project: • Improvement needed 0 Justification of improvements • Cost of improvements • Any projected increase or decrease in O&M costs created by the IP 0 Proposed expenditure schedule 1 Appendix C - 2 of i i I • Proposed capital recovery schedule Impact ofearly termination � 1' C. 1.25 Perform other services that are related to but not part of the Scope of Services upoln written notification by City of Fayetteville. Such services will be invoiced to City of Fayetteville at CH2M H1LL's cost plus eighteen percent 1 % . C.1.26 At the direction ofthe City of Fayetteville, CH2M HILL is authorized to act in einergency situations outside this Scope of Services, at CH2M HILL's discretion. The costs related emergency services are not included in the compensation set forth in this Agreement., CH2M HILL will notify City ofFayetteville as soon as reasonably possible, and shall be mp n at d by City ofFayetteville for any such emergency work at CH2M HILL's costs for the emergen y work plus twenty-five percent 2 % . C. 1.27 Provide City of Fayetteville with oral and written reports as requested. a C. 1.28 Operate and maintain all existing wastewater lift station facilities including buildings; grounds, backup power generators, and certain other appurtenances within the site fenced area. However, maintenance of inlet and outlet pipeworks shall terminate at the wall of lift station. Should the City of Fayetteville add in excess of three 3 additional lift stations, from the prior contract year's number of sites, a corresponding charge of scope will be negotiated. � C. 1.29 Conduct annual electrical evaluations of electrical units with a capacity of 480v or less. i C.1.30 CH2M HILL will comply with present federal, state, and local laws in performing their obligations under the terms of this Agreement. CH2M HILL and City of Fayetteville will work cooperatively regarding the application and impact of potential changes in law, including the pot intial cost impact on the scope of work, and mutually revise this Agreement as applicable. .1. 1 Coordinate and schedule the use oftraining rooms at hotly wastewater treatment facilities.] .1.32 Conduct community outreach and education activities including cooperative efforts I with the University of Arkansas as appropriate. i 1 C.1.33 Maintain compliance with other existing environmental permits .g., air permits, ;industrial general storrnater permits, "no discharge' permits) 1 C.1.34 Maintain the industrial surcharge program and provide for monitoring and control of septage deliveries, as provided for in the City of Fayttvill's Code ofOrdinances, Discharge and Pretreatment Regulations. 1 .1.3 5 The parties contemplate that minor design/engineering services may be provid d by CH2. M H1LL from time to time. The scope and compensation for such services shall be mutually negotiated by the parties prior to the commencement of work. � C. 1. Operate and maintain the ongoing nutrient removal efforts at the City of Fayttille's faun site, including managing harvesting and marketing the hay produced on the site. Farm site maintenance shall also include compliance with the current "no discharge" permit. .1.37 Opperat and maintain existing onsite power generators at all existing sites, including maintaining g i1 compliance with off-peak power rate structure monitoring and generation requirements. I Appendix C - 3 of C.2 SCOPE OF SERVICES CITY OF FTTVILL .2.1 Provide for all Capital Expenditures except for the Projects that City of Fayetteville may 'authorize H2 I HILL to implement subject to mutually agreeable terms and conditions of repayment. .2.2 Maintain all existing and necessary Project warranties, guarantees, casements, permits, and licenses that have been granted to City of Fayetteville with the proviso that CH2i1 HILL, remains primarily responsible to ensure that the wastewater plants are efficiently, properly and professionally operated so that they will not suffer a loss of permits or licenses. C.2.3 Pay all property or other taxes or franchise fees associated with the Project. This excludes taxes to be borne by CH2M HILL, for equipment owned by CH21 1 MILL. C.2.4 May provide CH2M HILL within a reasonable time after request ay tt vill 's heavy equipment, subject to availability, so that H2 obligations under this Agreement in the most cost-effective manner. C.2. Provide all licenses for vehicles used in connection with the Project. C. . Provide for H2M HfLL's use all vehicles and equipment presently including the vehicles described in Appendix H. C.2. Pay for all wastewater lift station utilities,, with theexception of electricity. any piece of City 1i HILL may fulfill f its in use at the Project, C.2.8 Pay for all gasoline, diesel, and propane for backup power generators and all rolling stock provided by City of Fayetteville. C.2.9 Pay for all regulatory fees. Appendix C - 4 of 0 Appendix COMPENSATION FOR SERVICES .1 CH2M HILL estimates that Base Fee for service � on an annual basis, under this Agreement for 2010 shall be $6,858,886.tails of said cost are shown in DA blur. The Base Fee shall b negotiated each year. Should City of Fayetteville and CH2M HILL fail to agree, the Base Fee will be determined by the application of the Base Fee adjustment formula shown in Appendix I. Upon each contract year renegotiation, CH2i HELL shall continue to invoice City of Fayetteville at the previous amount until the new contract year price is agreed upon. Upon written notice, agreement between the parties as to the new contract year Base Fee, CH2M HILL shall issue a invoice retroactively adjusting the previous Base Fee amount. Should the actual expenditures exceed the total estimated annual expenditures by more than Twenty Thousand Dollars $2 , 0 , in any year f this Agreement, specific approval will be obtained from the City of Fayetteville prior to 1 CH21i HILL incurring additional costs. 1 1 .2 An administrative fee of fifteen n percent 1 % will be added to personnel services and t o percent (10%) to all other direct costs excluding electricity. An annual fixed management fee of $120,086 shall be billed in equal monthly installments and adjusted annually in relation to the BaseJF. D.3 In order to provide an incentive for CH2M HILL to operate in a manner that will result in actual costs below estimated cost, City of Fayetteville will pay CH2M HTLL an additional fee when a. actual costs are below estimated cost. Said fee will be twelve and one half percent 1 . ° 0 of the amount of actual cost are below estimated cost. 1 A Cost detail - The annualized estimated costs for calendar year 2 010 are listed to Table D 71. Appendix D - Page 1 of 1 i 1 �o 00 C-� 00 00 ' 00 C* �+ [ , 00 c C` 00 P-0 00 DIN clq ., E04 E04 4619 fie, c oo [ c` 00 00 c 00 EOC 3 ff3 } 00 00 i O m GAD 00CU C ' 00 D kn kn00 O D l 00 C�CL C1 00 mD 00 C' �-'m f;oq E04 EOC) f2oq # (04 00 cq C.l [�- t 00 [�- 00 •< 00 r1l 00 F ,-0 \.D CN L ql�r cq*'•� �> .� En ca L [/} f LL. cn Appendix E. LOCATION OF PROJECT E.1 CH2M FALL agrees to provide the services necessary for the management, operation and maintenance of the following- E. 1. 1 All equipment, vehicles, grounds and facilities now existing within the present, property boundaries of or being used to operate the City of Fayetteville's Noland wastewater Treatment Plant located at: 1400 North Fox Hunter Road Fayetteville, Arkansas 72701 E.1.2 All equipment, vehicles, grounds and facilities now existing within the present, property boundaries of or being used to operate the City of Fayetteville's West Side wastewater Treatment Plant located at: 15 South Broyles Avenue Fayetteville, Arkansas 72704 E. 1.3 All equipment, grounds, and facilities now existing within the present property boundaries of wastewater lift stations described as follows: SADA NODE LOCATION Generator Site Maintenance Only WWI 978 E Zion Rd L e's — Zion PS YES ' WW2 E Mission Blvd Timb r r t P� YES WW3 2805 N Salem Rd(Crystal Springs PS - AB NL NEI DES 91 v Poplar St P lar PS - ABANDONED) YES WW5 3896N GreggAve(GreggAve PS YES a WW6 3021 N Old Wire Rd Old wire PS WW7 2065 N Sunshine I 4am trin PS YES N 2034 N Sunshine Rd Old Hwnestring PS - ABANDONED) N vW8 729 W North Street(North Street PS. —ABANDONED) YES WW9 1336 N Porter Rd Porter Rd PS) WW1WW10 716 N Futrall Dr Putrall Dr PS YES WWI 4412 w 6th Street Fann iTgon. East PS — BANNED YES v1r 12 571 N ruble Springs Load (Farmington West PS YES WW1WW13 878 S Dead Horse Mountain Rd Stonbrid P� YES wW 14 1820 S Arrnstr n Ave Industrial Park PS YES WW15 203 E 29th Circle (Countly Club PS — ABANDONED) N WW1WW16 516W Ernest Lancaster Dr (Airport North P YES w17 4394 S School ABANDONED 1 WW18 202 N Sand Greenland PS Appendix E - Page 1 of • SAA NODE LOCATION GeneratorOn] Site Maintenance WW1 716 E Norman Murphy Rd (Mally wa non PS YES N/A 933 S Mally Wagnon Rd Old Mall wa nun PS N WW20 3212 N Highway 11 — (Trucker's Drive PS - ABANDONED) YES WW21 1720 S Armstrong Ave (Happy Hollow PS — ABANDONED N WW22 630 N Double Springs Rd Owl Creep PS YES WW23 440 E Fairway Ln Masters PS W24 265 w Ernest Lancaster fir (Airport East PS YES , WW25 551 w Aster Ave willow west PS - Farmin on YES w11726 74 S Kestrel Se uo ah Preserve PS WW27 1031 River Meadows Dr St nehrid e Meadow Phase I PS YES WW28 1603 Plantation Ave (Heritage Village PS YES WW29 390 N Cato Springs Rd ohannan PS - Greenland WW30 2423 Rupple Road (Holt Middle School PS ABANDONED)N W31 2318 Internet Research Park PS — ABANDONED) N WW32 478 N Duran a Place Sil erth rn PS YES WW33 4644 N Crossover Rd (Stonewood PS - Copper Creek YES WW34 4572 S School Ave (Airport South PS YES WW35 33 w 6th St Lwe's — 6th St PS YES W36 1642 N Willowbrook Dr (Skyler Place PS YES WW37 3848 w Edgewater Dr Clabber Creep PS -ABANDONED) YES WW38 3 710 E Zion Rd(Copper Creek Phase II PS YES WW39 2392 N Kenswi l Ave Crofton Manner PS YES WW40 1811 S Cherry,Hills Dr Stone lurid e Meadow Phase II PS YES ww41 1608 S Springlake Dr LCrescent Lake PS YES WW42 2588 Firefly Catch Dr (Clabber Creek Phase 3 PS -- ABANDONED)___YES WW43 196 S woods rin Timber Trails PS ww44 10 Dot Tipton Rd (Legacy Pointe Phase 4 PS WW45 4451 N waterside Ct Timberlake Office Park PS YES ww46 3788 E Spyglass Hill Dr Stonebri l a Meadows Phase V PS YES W 47 3601 E Albright Rd (Embry Acres PS YES ww48 2435 S Dead Horse Mountain Rd (McDonald PS WW49 3393 E Goff Farm Road Meadows PS)_ wwo 485 N Broyles Ave (Broyles Ave PS YES E.1.4 All equipment, grounds, and facilities now existing within the present property boundaries of or being used to operate the City of Fa t vill 's Land Application Site located east of the Noland Wastewater Treatment Plant across the white River. Appendix E - Page 2 of I E. 1. 5 A11 equipment, grounds, and facilities asseiakted with or being used to complete routine O&M activities for the City of Fayett ville's Mitigated Wetlands Site now existing within the present property boundaries located north ofthe Vest Side Wastewater Treatment Plant. The service includes limited herbicide application and site monitoring but excludes burning. E.1.6 The potable water S A A system at the following locations: SCAI:A NODE LOCATION DESCIIPTI N f1 215 W 2th St South Mountain Pump Station W2 844 N Crossover lid (Hyland Park Pump Station a W4 1016 E Ash St Pump Stating 5 77 E Rogers Dr Pum2 Station W6 456 E Baxter Ln Ground Storage Tank 2 each W7 707 E Rogers Dr Ground Storage Tank 2 each W8 13 N Sang Ave Elevated Storage Tank f9 1170 E South Skyline Dr Elevated Storage Tank Mt. e u ah W10 14E Township d Elevated Storage Tank f 1 l 3280 W Judge Cummins d Ground Storage Tank 2 ea) (Kessler Mountain), W12 7001 E Mission Ili h a 45 Valve Pressure -Reducing Valve Station W13 1589 Fire Tower Road Goshen Pum Station and Ground Storage Tank W14 17301 Lake Seguoyah Rd lurid Mtn Pump Station f 15 14360 Round Mt Comm Church Rd Stand Pipe County Rd #5 Round Mountain WJ6 22032 Fire Tower Fed County lid 4343 Stand Pie Benson Mountain f l 7 3265 N Gulley Rd Elevated Storage Tank Wi8 3788 N Gulley d Pumpstation f 19 3370 S Coach Fed Pura Station W20 2098 Woodcliff Rd (Springdale) Surgp Tank 21 22 10 N Old fire Rd Valve f22 2800 N Old Missouri Fed Flow Meter W23 3385 N Par Ct Valve W24 3023 E Joyce Blvd Valve W25 2567 E Robinson (Springdale) Valve W26 Township Tank feather Station feather Station 27 1735 Blue Springs lid(Goshen).._Pump Station W28 17970 Lake Sequoyah Rd Pum2 Station f29 Bearer water District SCADA Interface WSOPC 2435 S Industrial Dr water & Sewer Ops Center MTROB 12141 Ed Edwards Rd Mt. Robinson Tower Site E.1.7 Installation of the necessary Remote Terminal Units 1 TUs and equipment to acqpire flow information from the collection system via SCADA. Flow monitoring devices up to 17 rewrote locations) are scheduled to be installed by the City's water and Sewer Division in 2009. a 1 Appendix E - Page 3 of Appendix F ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS F.1 CH2M FALL will operate Project so that effluent will meet the requirement of NPL S permit No. AI 0 20 10 and AR0050288. CH2M HILL shall be responsible for meeting the effluent quality requirements of City of Fayetteville"s NPDES permit unless one or more of the following occurs: • The Project influent does not contain Adequate Nutrients to support operation of Project biological processes; • Contains Biologically Toxic Substances which cannot be removed by the existing process and facilities. F.2 The flow, influent BOD5, and/or suspended solids exceeds the Project design parameters which are: Ll Noland W WTP Nest Side W WTP Annual Maximum Annual Maximum Monthly Monthly Average Average Average Average Flow (MGD 11.2 16.9 10.0 17. I lbsd 26,3 70 27,960 14,595 11,13 TSB lbsd 2962 22,21 0 14,595 1 1, F.3 In the event any one of the Project influent characteristics, suspended solids, ,' or flow, exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the characteristics required by the NPDES permit in accordance with the following schedule after Project influent characteristics return to within design parameters. I. Characteristics Exceeding Listed Parameters By Recovery Period Maximum 1 % or Less 5 da s 1 % but < 20% 10 days % and Above 30 days Not withstanding the above schedule if the failure to meet affluent quality limitations is caused by the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent, then CH2M HILL will have a thirty 3 day recovery period after the influent is free from said substances or contains Adequate Nutrients. FA CH2M HILL shall not be responsible for fines or legal action as a result of discharge violations within the period that influent exceeds design parameters, does not contain Adequate Nutrients,, contains Biologically Toxic Substances (that exceed process inhibiting levels or creates concentrations exceeding application or discharge limitations), and the subsequent recovery period. Appendix F - l of F- The estimate Costs for services under this Agreement are based upon the following Project characteristics: Annual Average Noland W WTP west Side W WTP Flow M .9 BOA lbsd 14,242 9,71 TSB 1sc 1 ,117 11,3 The above characteristics are the actual twelve(12)months average prior t the date services are first r t provided under this Agreement. n charge of 1 percent(10%)yr more in anof these characteristics, based upon a twelve 12 month moving average, may constitute a changein scope. { The current applicable environmental permits are as follows: Permit AFIN No. Permit No. Expiration Date NPIES - Noland 72-00102 A 12 0010 058 ] 11 NP1ES - west Side 72- 1 33 AR0050288 1 131 No Discharge PenaIt - Noland 72 9 47 -w 12 31l3 No Lischar a Permit - west Side 72- 1 33 -w 31 Air - Hame trip 72- 1 7 2179-A N/A Air - west Side 72-1 33 217- NA St rmwat r No Exposure Certification (NEC)'* - Noland 72-00102 Tracking No. A RROOO 77 03 31 9 Stormwat r No Exposure Certification (NEC) - west Side 72- 1 f 33 Tracking No. ARR000390 03/31/09 * NEC are the exemptions from the Industrial Stormwater General Permit (IGP)#ARROOaOOO. The IGP expires 313112009 but the NEC remain effective untilfurther non from ADEQ. i Appendix F - 2 of Appendix INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM a G.1 CH2M DILL shall: Administer the Industrial Pretreatment Program in accordance with. 40 CFR G.3 3. Administration shall include: G.1.1 Maintain the industrial waste sampling and analysis program for pretreatm ent and surcharge, as described in G.3. G. 1.2 Monitor the compliance status of the current Significant Industrial Users SfU - s #hrough sampling, analysis, inspection, and record reviews. Issue notices of vi l ti n when appropriate, and recommend appropriate enforcement action to City of Fayetteville. G.1.3 Receive, review and act upon reports and notification from industrial users. G. 1.Prepare notice of violations and other enforcement documentation in accordaned with the Enforcement Response nse Plan in the State approved Industrial Pretreatment Prugraill. G. 1.Track, determine, and publish industrial users in significant noncompliance. a G. 1.6 Issue, revise, and renew industrial waste discharge permits for the SIU's. j G. 1.7 Conduct an Industrial Waste Survey periodically to identify new, or significant, industrial users in Fayetteville and in cities with which Fayetteville has interjuri dictional agreements for waste treatment. G.1.8 Assist City of Fayetteville with review and revision of local limits, the saver use ordinances, the pretreatment program, and interjurisdicti nal agreements. { G.1.9 Prepare and submit the Industrial Pretreatment annual report. G. 1. 1Maintain all industrial monitoring records for at least three 3 years. 1 a G .1.11 Maintain open communication with the SI-L 's. G.1.12 Keep City of Fayetteville informed of pretreatment activities and changes in regulatory requirements. Significant costs due to new or changed Federal, State or contract scope. a a Deal regulations shall cause a 6hange of 1 i Industrial waste Dischargers and Monitoring Program in City of Fayetteville, Industry Parameters Allayed Ayrshire Electronics, LLC 1 1 10 1 S. Beechwood Copper, lead, zinc a Fayetteville, AID 72701 Custom Powder Coating Services, Inc. 1629 W. Farmington St. Cadmium, chromium, copper, lead, nickel,, + Fayetteville, A 72701 silver, zinc cyanide ' Elkhart Products Corporation 1 P o 112 Chromium, copper, lead, nickel, zinc, oil � Fa ette il1e, I 72702 grease Appendix G - 1 of 21 Industry Parameters Analyzed Hi1nd dairy Company Biochemical oxygen demand, total suspended I� fox Fhill 7272 solid, phosphorus, pi -I, i1 , grease Marshalltown Tools admium, chromium, copper, lead, nickel, 2200 Industrial Drive silver,, zinc, cyanide' Fayetteville,, AID � Pinnacle Foods Corporation Biochemical oxygen demand, total suspended Box Fayetteville, AID 72702 solids, phosphorus, pH, oil & grease Superior Industries International, Inc. Cadmium, chromium, copper, lead nickel 1901 oric Drive silver, zinc, cyanid ' Fa etteville AID 72701 Tyson Foods, Inc. 21 S. School Biochemical oxygen demand, total suspended Fa tulle 7270� solids, phosphorus, p, oil �. greasy Appendix G - 2 of Appendix H VEHICLE AND MOBILE EQUIPMENT DESCRIPTION (ROLLING STOCK) Unit Unit Description t Latin Year 2 key " pump ----,Paul R Noland 2008 320 Ford F350 Super Duty/Crane, Crew Cab west Side WWTP 1999 324 Ford F350 Su2er Duty/Crane, Reg. Cab Paul R Noland , 1999 325 Ford F350 Super Duty, Reg. Cab Paul R Noland ; 2000 339 Ford F-3, Flatbed Farm Site 22 340 Ford F-350 Farm Site 22 1 Ford 3930 Tractor Brushhog Fann Site 199 4 Ford/New Holland 8160 Load Tractor Farris Site 199 7 New Holland 7 Tractor Faun bite2000 1 New Holland TS 1 OOA Front End Loader Farm Site 24 2 New Holland 1412 Discblne Mower Conditioner Farm Site 2004 3 New Holland 740 Round Baler Farm Site 21 588 New Holland B94 A Large Square Baler Farm Site 2005 9 New Holland 1412 Iishine Mower Conditioner Farris Site 2005 44 New Holland 575E a khoe Loader Maintenance 2000 727 Dump Truck Paul R Noland 199 741 Mack Tractor Farm Site 199 751 Sterlina._LT9500 Truck west Side WWTP 2006 73 lenrth Semi Tractor Paul R Noland 1999 754 l enw rth T800 Semi Tractor West Side WWTP 1999 755 Kenw rth T800 Semi Tractor Paul R Noland 2000 806 Case 115 OG bulldozer Finn Site 1 199 818 Caterpillar P500OLP Forklift west Side WWTP 2008 927 Parker 24'Gooseneck Trailer Farm Site 1991 99 bush Hog 2620 Cutter Farris Site 199 966 P.J. Trailer, 1 FT Farm Site 199 99 L-- 2T-3FT Trailer Farm Site 199 988 Hesston wheel Rake Farm Site 199 989 M&W wheel Rake Farm Site 199 92 ATV - Polaris Sportsman 4X4 Paul R Noland 199 1052 Ford Explorer Farm Site 1999 1092 Ford Explorer XLT Paul R Noland 2002 24 Ford 4X4 Ranger XLT west Side WWTP 1997 27 Ford 4X4 Ranger XLT Ops bld 1997 2103 Ford 4X4 F 150 Extended Cab Nest Side WWTP 2006 32 Kawasaki Mule 44 west Side WWTP 2006 Appendix H - I of VEHICLE AND MOBILE IPM NT DESCRIPTION (ROLLING STOCK) I Unit # Unit Description Location 1 Year 4318 2006 Kawasaki Mule 4A west Side WWTP a 2006 5000 New Holland 1412 Disebine Farm Site 12006 1 John Deere 6615 Tractor Farm Site ' 2007 002 John Deere 6615 Tractor Farm Site 2007 5003 New Holland 740 Round Baler Farm Site 2007 012 [knit 5012 NHT6030 Farm Site 209 9021 Volvo Penta 400 Kw - Trailer Mounted Generator Lift Station 12N 2001 9024 Hesston GERL W-2 Wheel Rake Farm Site 201 9025 Volvo Penta 400 Kw - Trailer Mounted Generator Lift Stafion22 2001 9031 work Horse Paul R Noland 2001 904 Yale 5000# Fork Lift Paul R Noland 202 97 work Horse Paul R Noland 22 9083 Lufkin ULD-38 Trailer West Side WWTP 1999 9088 Lufkin ULD-38 Trailer West Side WWTP 26 9104 Lufkin ULD-38 Trailer West Side WWTP 2004 9105 Lufkin ULD-38 Trailer Paul R Noland 2004 9106 Lufkin ULD-38 Trader Paul R Roland2004 111 Clement Star -Late Trailer Paul R Noland 2009 9124 Thompson 6" Diesel Power Pump/Trailer Paul R Noland 2009 Appendix H - 2 of 2 i Appendix f BASE FEE ADJUSTMENT I.I Electrical costs will be adjusted by actual increases from power supplier. { 1.2 The Base Fee adjustment formula is as follows: Where: ABF = BF x (1 + AF) BF = Base Fee specified in Appendix AF = Adjusted Base Fee F Adjustment Factor as determined by the formula: AF = .5 (ECI +CPI) CI — The twelve month percent change (from the third quarter of the prior year to the third quarter in the current year) in the Employment Cost Index for Total Compensation for Civilian Workers, Not Seasonally Adjusted as published by U. S. Department ofLabor, Bureau of Labor Statistics in the Detailed Report Series ID: CIU1010000000000A. CPI — The twelve month percent change (from October of the prior year to October of the current year) in the Consumer Price Index for All Urban Consumers,, Not Seasonally Adjusted as published by U.S. Department of Labor, Bureau of Labor Statistics in the CPI Detailed Report Series I& CUUROOOSAO. Appendix i - l of 1 City of Fayetteville Staff Review Form I David Jurgens Submitted By City Council Agenda Items and Contracts, Leases or Agreements 1 -Dec-99 City Council Meeting Date Agendas Items Only Wastewater Treatment Division Action Required: a 1 Utilities' Departm6nt Approval of a contract with CHII Hill Engineers, Inc. for $6,858,886 for operation, maintenance, management and engineering services for the Cit is wastewater treatment facilities and systems, and approval of a contingency of ,999. $6,933,886.00 Cost of this request 5400-5100-5328.00 Account Number Project Number ,41,5.00 Category 1 Project Budget Funds Used to Date 7,461,353.00 Remaining Balance Budgeted Item I x Budget Adjustment Attached Dpaftrrt"nt Di City Attorney -111nlm Date Wastewater Treatment Program Category l Project Nature Wastewater Treatment Program I Project Category Name eater/Sewer Fund Name i Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Cx -. Finance and Internal Services Director Date Deceived in City Clerk's Office 1� hif of Stff Comments: /. V, t" /a' Y ate FRecceived in OffED & Office a Revised ised .January 15, 2009 CITY COUNCIL AGENDA MEMO MEETING DATE OF DECEMBER 15, 2009 THE CITY of FAY TTEVILLE, ARKAI SAS To; Fayetteville City Council T r ; Mayor Li nel d Jordan Don Marr, Chief of Staff From: David Jurgen , Utilities Director Fayetteville water and Severer Committee mmittee Date: November 16, 2009 Subject; Contract with CH2M Dill Engineers, Inc, for $6,858,886 for operation, maintenance, management and engineering services for the City'City's wastewater treatment facilities and systems RECOMMENDATION Staff recommends approving a contract with CH2M Hill Engineers, Inc. for $6,858,886 for operation, maintenance, management and engineering services for the Cit)'s wastewater treatment facilities, and systems, and approving a contingency of $75,000. BACKGROUND When the Noland DTP upgrade was completed in 1987, the City contracted with OMI (now CH2M T Hill- MI) for w T services. The scope of services provided by OMI include: l operate and maintain the Noland and west Side Wastewater Treatment Plants WWTP ; 2 operate and maintain 45 wastewater pump station sites; administer the City's NPDES discharge, air, st rmwater, and other permits; manage the City's biosolids disposal program; 5 manage the City's industrial pretreatment program; support -the SCA.L A (supervisory control and data acquisition system) network that monitors water and wastewater facilities; pursue operation economies, efficiencies, and permit compliance; and 8 participate in the construction and post -construction work of the wastewater System Improvement, Project SIP . DISCUSSION The City received statements ofqualification from American Water, CH2M HILL and Severn Trent. The proposal and selection process involved tours of Fayetteville facilities, unannounced visits to WWTPs operated by each firm, formal interviews with all three firms., and detailed evaluation by the selection committee. The committee selected CH2M Hill. The contract was developed to include the sane fundamental scope ofservices as the existing contract, with evolutionary changes reflecting GASB requirements, the expanded wastewater system, updated regulatory requirements, and increased purchasing flexibility. To encourage cost saving operations, the current contract contains an incentive provision whereby budget savings are distributed 8 .5% to the City and 12.5% to CH2M HILL. This new contract reflects a $903,304 cost reduction from 2009, due to reduced capital and reduced operations expenses. Highlights ofcharges are below. I More detailed routine fiscal reporting. 2 Optimized purchasing power for the City to benefit from CH2M HE,L's bulk purchasing capability. 3) Increased oversight of the preventive maintenance schedule and processes, to include real time access to WWTP internal operations and maintenance software. BUDGET IMPACT The 2010 ,858,8 8 6 contract and $ 7 5,000 contingency costs are included in the proposed 20 10 Budget. W T OMI CCMemo 12 NovWdo FAYETTEVILLE THE CITY OF FAYETTEViLLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY D VID WHITAK R, ASST. CITY ATTORNEY DEPARTMENTAL R E PONDEI E L L� P R'TM NT TO: Lioneld Jordan, Mayor City Council Don Marr, Chief of Staff CC: David Jurgens, Utilities Department Director FROM: Kit Williams, City Attorney qL. 4 DATE: November 23,2009 R : 15 Year Contract with CH2M Hill Engineers, Inc. HISTORY OE SEWER PLANT OPERATION BY CH2M HILL OR OMI The City of Fayetteville has contracted with CH2M Hill Engineers, Inc. ;since at least 1983 when it assisted in the construction of the Noland seiner plant. That initial agreement contained joint indemnity pro i ions with the statement that "this provision shall not constitute a waiver of Owner's F etteville's statutory tart irnrri i ." CH2M Hill (through MI) began operating Fayettevill 's sewer plant by are agreement dated February 27, 1984. Fayetteville specifically agreed to an assignment of its contract for operating the sewer plant from CH2M Hill to OMI on January 16, 1990. On August 16, 1994, the City of Fayelteville and OMI agreed to a five year contract to operate the sewer plant, plus two five year extensions at the option of the City. This contract included indemnity language for OMI to pay and indemnify the City for damages, iqjury or loss from its "negligent operations or intentional acts." There was no directly corresponding indemnity provision required of the City. :However, the City did agree to indemnify 01VII for release of hazardous substances unless caused by j oNws negligence. There was a "no waiver of statutory immunity" paragraph. On October 5, 1999, the City renewed the operations contract for its first five year renewal period byResolution No. 128-99. There was apparently no change in the contract's terms other than dates and increasing fees. On May 20, 2003, the ONII contract was renewed (a year early) by Resolution No. 76-03 until December 31, 2008, with no change or reference to original terms except for fees and dates. On December G, 2007, the Contract was renewed again to its original end date of December 31, 20095, by Resolution No. 209-07. No reference or change was made except to fees, end dates and appendices. The final authorized year and amendment to the 1994 contract (fees and dates only) was made on December 16, 2048, pursuant to Resolution No. 254-08. PROPOSED CONTRACT I suggested numerous changes in this 26 page contract primarily in the areas of what the City of Fayetteville would be required to do (beyond just paying CH2M Hill to operate our plants and pump stations) and indemnity/insurance provisions. CH2M Hill agreed to virtually all my proposed changes for the duties to be imposed upon the City. We have also removed an indemnity provision which had not been required in our earlier contracts. I do want to call your attention to Section 6.4 which is an indemnity provision concerning the release of hazardous substances. I do not like any provision requiring the City to indemnify a contractor, but this one has been in place in our contracts with CH2M Hill Engineers for decades. I rewrote this indemnity provision slightly to place the burden on CH2M Hill to prove that any such hazardous discharge was not the result of their own negligence before the City would have to indemnify them. This is an improvement even though you know I have opposed virtually every indemnity provision contractors try to force upon us. Because of CH2M Hill Engineers and OMI's long history of proven efficiency, expertise and safety when operating our sewer plants, I can recommend this proposed contract even with the modified indemnity provision. If the City insisted on eliminating this indemnity provision (which is more favorable to the City then the one used for the last two decades), CH2M Hill might reasonably believe it would need to purchase insurance to cover such a risk which would likely result in a higher,cost to operate our sewer plants. Thus, the City could force elimination of the limited indemnity provision, but the City would likely have to pay an increased amount to I CH2M Hill to offset its increased insurance costs. I believe the City Administration recommends that the very slight risk (but potentially high possible claim) caused by the indemnity provision should be accepted (as it has for two decades) rather than renegotiating this contract at a probably higher cost to our ratepayer. I also do not like arbitration requirements in contracts as I prefer the option of litigation if we cannot agree with a contractor about the terms or conditions of the agreement. Section 9.4 does require arbitration in some cases and is the same provision as agreed to in 1994. Because it continues a previously agreed to contract provision, I will not object to its inclusion in the new contract. CONCLUSION , I want to thank Utilities Director David Jurgens and Billy Ammons of'CH2M Hill/ONR for working with me to resolve almost all of my concerns with this contract. I believe this contract is an improvement over the fifteen year contract that is now ending. CH2M Hill/OMI has proven its expertise by successfully operating the Noland Plant at full capacity with no significant problems for several years until the West Side Plant could be finished. With our stringent discharge permit requirements, I am, as City Attorney, concerned that our legal risks from Wastewater plant operations need the most capable and experienced team possible to avoid permit violations. I am confident that CH2M Hill Engineers, Inc. has the best possible team in place right now at our wastewater plants with the expertise and experience to minimize our legal exposure. i i 1* RESOLUTION NO, RESOLUTION TO APPROVE AN AGREEMENT FOR OPERATIONS, MAINTENANCE T NANCE AND MANAGEMENT T SERVICES OF THE CITY' S WASTEWATER PLANTS TS AND PUMP STATIONS WITH CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $6,858,886.00 PLUS A CONTINGENCY OF $75,000-00 F1 SERVICES IN 2010 WHEREAS, CH2M Hill Engineers, Inc. was selected by a City Selection Committee as the best applicant to operate our sewer plants and lift stations; and WHEREAS the City Administration and CH2M Hill Engineers, inc. have eg tiated proposed five year contract "subject to and contingent upon yearly budget approval by the City f Fayetteville," with two successive five year options to renew. Now, THEREFORE BE IT RESOLVED BY THE CITY CQUNCIL of THE CITY of FAYETTEVILLE, ARKAI S S; Section I-. That the City Council of the City of Fayetteville, r1 a s Irby approves the attached Agreement with CH2M Hill Engineers, Inc. in the amount of $6,858.886.00 plus a contingency of $75,000.00 for operations, maintenance and management services of t City's a wastewater plants and pump stations in 20 10. PASSED and APPROVED this 15"' day of IDecember, 2009. APPROVED: y. w LIONE LIB JORI A , Mayor By: ATTEST: SO RA E, SMITH, City Cl rk Treasur r 0 2021 BUDGET OVERRUN FORECAST Three areas contributed to unintended costs: 1) thermal dryer, 2) Noland emergency generator and 3) rental pump for dewatering the basin for gate replacement. The total cost for these items was $219,878.89. The costs are broken down in the following table: Expense Cost Thermal Dryer $ 159,639.31 Generator $ 51,159.84 Pump Rental $ 9,079.74 Total $ 219,878.89 The expanded table provides the detail for the summarized costs: Expense Vendor Cost NOLAND GENERATOR J A RIGGS TRACTOR COMPANY $ 3,330.23 NOLAND GENERATOR J A RIGGS TRACTOR COMPANY $ 33,862.84 NOLAND GENERATOR J A RIGGS TRACTOR COMPANY $ (14,737.13) NOLAND GENERATOR J A RIGGS TRACTOR COMPANY $ (1,441.60) NOLAND GENERATOR J A RIGGS TRACTOR COMPANY $ 319.80 NOLAND GENERATOR J A RIGGS TRACTOR COMPANY $ 3,366.25 NOLAND GENERATOR J A RIGGS TRACTOR COMPANY $ 13,961.45 NOLAND GENERATOR MIDLAND $ 12,498.00 THERMAL DRYER MOITION INDUSTRIES $ 35,916.44 THERMAL DRYER SIGMA THERMAL $ 6,855.00 THERMAL DRYER INDUSTRIAL OILS $ 10,701.95 THERMAL DRYER WASTE MANAGEMENT 9/16 -9/30 $ 21,376.33 THERMAL DRYER WASTE MANAGEMENT 10/1 - 10/15 $ 30,715.42 THERMAL DRYER WASTE MANAGEMENT 10/16 - 10/31 $ 30,311.46 THERMAL DRYER WASTE MANAGEMENT 11/1 - 11/15 $ 23,762.71 Basin Gates United Rentals $ 5,923.80 Basin Gates United Rentals $ 3,155.94 Total $ 219,878.89 The thermal dryer costs include landfilling during the time the dryer was down for evaluation and repairs. Jacobs changed the process for managing biosolids to increase the drying potential of the solar houses, reducing the amount of material landfilled. The process change saved about $10,000 per week. We experienced $220,000 in unbudgeted costs year to date but have only recognized $115,000 in budget overrun. For the month of October, we are showing a forecast of $60,101 over budget. The following chart shows the budget performance through October: budges Pei poi matue 558,102 S60,101 $44,573 � S3L123 516.797 . S7,957 5(27.204) 5013.194] F.}�n.1 ahrs "' P� �.i�ei _ �-ar r! Ir. •1 ar: The non -labor continues to grow with the thermal dryer costs. We will have an additional $54,074 in landfill costs for the November report, which gives the annual expected overrun of $115,000. Had we not experienced unplanned dryer repairs, we would have come in under budget. Our labor overage was continuing to decline and at the end of October was only $13,000 over budget. We will most likely finish very close on labor. 2021 Manhole Rehabilitation Work 'B r Snapshot 12-9-2021` - fnyrtte,alir '7r,rri RrE Ur,5 r r ri ? t J i - •,rr 'S^ � -- We dinar to n W'- f Rd .,, ` ''IIr.--. C it G o Drake St 4 * .� _- - 3 r4 [ssinq f;1L`I 8-wen BN- K p� �. ,wr is hip 5I Mnunt Comfort Rd e � Deane Sl L7 ;� f. ,, iya� •1 .`; —• Fox llri l7rrr l{ry .. 49 rti,. wy�r«I Rri �r (� - ed' i�'Fan D r ti .16 _W IV911, SI- I - v a� �- j •� 71 vvv,l"wj Rd N • - 62' 4 r--•. •._ Segrrvlrrll •. IStlist I -ti I - I& t•v .. _. t265 :.� r-- ljo 1 I `71'. $ i I � 49 yy I I r---�•-- -- I � � WElfo�rgFrlay ltd� vL r P, e rP r7 R y j Lake l! r•Is f __ '1 I--- Wilson i *�7,�L _F Benson Pressure Plane Improvements Vicinity Map I NT AMENDMENT NO.5 To THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements (HW Project No. 2017076), dated October 3, 2017, between the City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins - Weir Engineers, Inc. (hereinafter called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by this Amendment No. 5. SECTION 1— SCOPE OF SERVICES 1.1 Amendment No. 5 is for construction management services for the Benson Mountain Elevated Water Storage Tank Improvements (Task 9) associated with Owner's Project No. 21-80. Task 9 services are detailed in the Engineer's attached Scope of Services dated December 1, 2021. SECTION 2 — TIME OF SERVICE 2.1 The scope of services as defined above is based on addressing the Task 9 services within a 360- calendar day construction Contract Time in 2022 for the Owner's Project No. 21-80. Engineer will proceed with providing the services set forth herein immediately upon execution of this Authorization by all parties. Amendment No. 5 Page 1 of 2 December 1, 2021 SECTION 3 — COMPENSATION 3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the terms of the Agreement. Total payment for Scope of Services described herein shall not exceed One Hundred Ten Thousand Seven Hundred Ten and 00/100 Dollars ($110,710.00) without written approval of Owner. These additional services adjust the Agreement's not to exceed fee to $357,280.00, and adjusts the not to exceed reimbursable expenses to $33,920.00. Attachments: Scope of Services dated December 1, 2021 Fee Proposal dated December 1, 2021 Standard Hourly Billing Rate Structure, effective August 15, 2021 Certificate of Liability Insurance (2 Pages) AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS Honorable Lioneld Jordan, Mayor Date: ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. By: � Ut b . ec" Brett D. Peters, P.E. President and CEO Date: 121 2 ! 202i Amendment No. 5 Page 2 of 2 December 1, 2021 Appendix A Amendment No. 5 Scope of Services In Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements �, CITY OF City of Fayetteville, Arkansas FAYETTEVILLE City of Fayetteville Project No. 21-80 ARKANSAS December 1, 2021 Task Description Task 9 — Construction Management — Benson Mountain Elevated Water Storage Tank Improvements 1. Conduct Pre -Construction Conference with the Owner and Contractor a. Prepare Meeting Summary b. Field survey to reestablish control monumentation and stake easement limits 2. Provide periodic observation during construction 3. Conduct up to two (2) progress meetings a. Prepare Meeting Summaries 4. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, testing results, field orders, and change orders as directed by the Owner 5. Review the Contractor's constructed quantities and prepare monthly pay requests for the Owner's approval 6. Conduct as -built surveys of the complete water system improvements 7. Coordinate and conduct a final inspection with the Contractor and the Owner, and prepare a punch list of deficient construction items for the Contractor to address 8. Prepare record drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives 2017076\Appendix A Amendment 5 Scope of Services 120121.docx Page 1 of 1 Amendment No. 5 - Fee Proposal Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements City of Fayetteville, Arkansas Project No. 2017076 December 1, 2021 Task 9 - Construction Management - Benson Mountain Elevated Water Storage Tank Improvements Task 1. Conduct Pre -Construction Conference with the Owner and Contractor a) Prepare Meeting Summary b) Field survey to reestablish control monumentation and stake easement limits 2. Provide periodic observation during construction 3. Conduct up to two (2) progress meetings a) Prepare Meeting Summaries 4. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, testing results, field orders, and change orders as directed by the Owner 5. Review the Contractor's constructed quantities and prepare monthly pay requests for the Owner's approval 6. Conduct as -built surveys of completed water system improvements 7. Coordinate and conduct a final inspection with the Contractor and the Owner, and prepare a punch list of deficient construction items for the Contractor to address 8. Prepare record drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives TOTAL HOURS= SUBTOTALCOST= Engr VII Engr V Engr III Insp I Surveyor Tech III Tech I GPS Survey Total Hours 4 2 2 2 10 2 4 6 2 8 10 8 24 24 800(1) 856 4 8 4 4 20 8 8 16 4 72 16 8 24 124 24 24 48 4 8 2 8 22 4 8 2 4 4 22 8 8 16 32 24 160 48 834 4 16 64 16 1,166 $4,680 $25,600 $6,240 $54,210 $360 $1,200 $3,520 $2,800 $98,610 (1) Based on 360-calendar day Contract Time (330-calendar days until substantial completion, and 30-calendar days until final completion thereafter). Periodic construction observation is based on 8-hours per day (Monday through Friday) during the construction of the below grade improvements (assumed at 60-calendar days) and based on approximately 2-hours per day (Monday through Friday) for the remaining 300-calendar days through the final completion date. Reimbursable Expenses and Subconsultant Fees Item Description I Total 1. JOutside Services Mid -South Tank Consultants - Critical Phase Tank Inspection 1 $12,100 Engineering Services Summary Task 9 - Construction Management - Benson Mountain Elevated Water Storage Tank Improvements $98,610 Reimbursable Expenses and Subconsultant Fees $12,100 Total Engineering Fee - Not To Exceed $110,710 60), CITY OF FAYETTEVILLE ARKANSAS 2017076\Scope of Services and Fee Proposal - Benson Tank Improvements Construction Management 120121.xlsx Engineer Standard Billing Rate Structure For Hourly Fee Based Contracts Hawkins -Weir Engineers, Inc. Effective August 15, 2021 through August 13, 2022"' Engineer VII $ 195 Per Hour Engineer VI $ 175 Per Hour Engineer V $ 160 Per Hour Engineer IV $ 145 Per Hour Engineer III $ 130 Per Hour Engineer II $ 115 Per Hour Engineer I $ 90 Per Hour Engineering Technician Designer II $ 110 Per Hour Designer I $ 75 Per Hour Technician IV $ 85 Per Hour Technician III $ 75 Per Hour Technician II $ 65 Per Hour Technician I $ 55 Per Hour Field Technician - Field Inspector Resident Project Representative (RPR) Inspector II Inspector I Field Surveying GPS Survey Surveyor Administrative Business Manager Expert Witness Preparation Testimony, less than 1/2 day Testimony, per Day $ 120 Per Hour $ 75 Per Hour $ 65 Per Hour $ 175 Per Hour $ 90 Per Hour $ 85 Per Hour At Engineer's Hourly Rate $1,000 $ 2,000 Expenses Reimbursable Expenses and upcharges are determined by the Client Agreement/Contract Subconsultants/Outside Services Express Delivery, Field Supplies, Testing, Review/Filing Fees and Advertising Travel: Hotel and meals Actual Cost Vehicle(2) $0.56 per mile effective 1/1/21 Reproduction: Outside printing service Actual Cost In-house printing Letter Copy - B&W $ 0.10 Per Copy Letter Copy - Color $ 0.75 Per Copy 22 x 34 Size Copy - B&W $ 3.00 Per Copy 22 x 34 Size Copy - Color $10.00 Per Copy 11 x 17 Size Copy - B&W $ 1.50 Per Copy 11 x 17 Size Copy - Color $ 5.00 Per Copy CD Copy $ 5.00 Per Copy Binding $ 1.00 Each (1) Billing Rates are reviewed and adjusted annually in August. Regardless, any adjustment in Billing Rates will not impact previously negotiated Not To Exceed (NTE) fee amounts without a formal Contract Amendment. (2) To be adjusted periodically to current IRS mileage rate. All Billings are due upon receipt unless prior arrangements for payment have been made. Client#: 53866 HAWKWEIR ACORDTM CERTIFICATE OF LIABILITY INSURANCE MIDDrf 10/0DATE (MM/DD/YYYY) 312021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Rd. Suite 370 Alpharetta, GA 30022 NAME: Trudy Henry PHONE 770-552-4225 FAX 866-550-4082 A/C, No, Ext : A/C, No E-MAIL ADDRESS: aceccertificates@greyling.com Iln com y • INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Sentinel Insurance Company 11000 INSURED INSURER B : Hartford Ins Co of the Midwest 37478 Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURER C Van Buren, AR 72957 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR 20SBWZM2676 11/01/2021 11/01/2022 EACH OCCURRENCE $1 000000 PREMISES E.occcurence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECTPRO- LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY 20UEGNM6289 11/01/2021 11/01/202 COEaMBINEDccidentSINGLELIMIT a $ 1r OOOrOOO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 20SBWZM2676 11/01/2021 11/01/2022 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 DED X RETENTION $10000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? FW (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 20WEGPV0830 11/01/2021 11/01/2022 X PER OTH- E.L. EACH ACCIDENT $500OOO E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT s500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project# 2017076, Goshen Water Storage Tank & Pump Station/Benson Standpipe City of Fayetteville, Arkansas is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. ILO] a.aluaL"e11IIRS : Lai na: IAI19LeagWeIIIL•Jc City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1&2111V ACORD 25 (2016/03) 1 of 1 #S2921294/M2881746 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THEN2 ACQRH CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) ice. 11/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amanda Palmer BXS Insurance PO Box 251510 PHONE FAX AIC No Ext : 501-614-1571 A/C No): 501-614-1447 ADDRESS: amanda.palmer@bxsi.com Little Rock AR 72225- INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Hartford Insurance Company of MidW 37478 INSURED HAWKENG-01 INSURER B : Hawkins -Weir Engineers, Inc. P.O. Box 648 INSURER C : INSURER D Van Buren AR 72957 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1105546896 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAMAGE TCLAIMS-MADE1:1 PREM SESOEa occur RENTEante $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO - POLICY ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability 380HO38729221 7/11/2021 7/11/2022 Each Claim Limit $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project # 2017076, Goshen Water Storage Tank & Pump Station / Benson Standpipe CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD JORGENSEN ♦ +ASSOCIATES Cvil Engineering SurveY ng November 11, 2021 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: Fayetteville Middle School Waterline Extension 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 Mwww.lorgensenassoc.com Established 1985 In regards the waterline extension along the Rupple Road, we are kindly seeking a cost share with the city for this extension to upgrade the line from an 8 inch to a 12 inch. While this particular expenditure is currently be incurred by one developer (Fayetteville Public Schools), we think that it is reasonable to anticipate further development along with corridor and the upgrading line will aid in this future growth. Therefore, we are asking that a portion of this extension be cost shared by the City. 8" Waterline Installation Cost: $315,720 Engineering/Surveying/Inspection: $31,572 Total Costs: $347,292 12" Waterline Installation Cost: $410,610 Engineering/Surveying/Inspection: $31,572 Total Costs: $442,182 We are kindly asking that the City cost share the difference in this upgrade to this extension: $442,182 - $347,292 = $94,890 We also are seeking to allow a provision for overruns to be cost shared in the event that substantial rock is encountered or if unknown circumstances require existing utilities to be relocated. Please review at your convenience and let us know how we can be of further assistance for this project. CW Utilities LLC 14491 Skyview E. Rd West Fork, AR 72774 PH: (479) 846 - 4847 Cell: (479) 414 - 4129 Email: estimator@crosswaterconstruction.net Fayetteville New Middle School The price for the new water line using 12-inch C-900 is $410,610 Includes: • Approx. 73-feet Jack & Bore with steel encasement • Approx. 1,378-feet of 12-inch C900 w/ fittings • Three Fire Hydrant Assemblies • Vertical transition to go under storm drain • Steel encasement going under storm drains • One tee w/ valve for Fire Line • Approx. 180-feet of 8" C-900 w/ fittings • One Blow -Off • Anchor Collars The price for the new water line using 8-inch C-900 is $315,720 Includes: • Approx. 73-feet Jack & Bore with steel encasement • Approx. 1,558-feet of 8-inch C900 w/ fittings • Three Fire Hydrant Assemblies • Vertical transition to go under storm drain • Steel encasement going under storm drains • One tee w/ valve for Fire Line • One Blow -Off • Anchor Collars Price for 12-inch: $410,610 Price for 8-inch: $315,720 Difference of: $ 94,890 Submitted by: Jason Stallings, Estimator Shannon Newman Submitted By City of Fayetteville Staff Review Form 2021-0984 Legistar File ID 12/21/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/2/2021 RECYCLING/TRASH COLLECTION (750) Submitted Date Division / Department Action Recommendation: A resolution to approve and sign an agreement with Routeware Global for the purchase and installation of Routeware software programs on the RTC collection fleet Budget Impact: 5500.750.5000-5303.00; 5500.750.5080- Recyclingand Trash Collections 5816.00 Account Number Fund 19004.1 Route Optimization & RFID System Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Purchase Order Number: Change Order Number: Original Contract Number: Comments: Remaining Budget Project Title $ 214,129.00 $ 214,129.00 $ 127,936.00 $ 86,193.00 Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 21, 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: December 2, 2021 SUBJECT: A resolution to approve and sign an agreement with Routeware Global for the purchase and installation of Routeware software programs on the RTC collection fleet RECOMMENDATION: Staff recommends City Council approval of a resolution to approve and sign a service agreement with Routeware for the purchase and installation of Routeware software programs on the RTC collection fleet for $127,936. BACKGROUND: Recycling and Trash CIP project 19004 is approved for purchasing route optimization and RFID system enhancements. The project is for automatic vehicle locator telematics and Radio - Frequency Identification (RFID) service verification equipment for all trucks in the RTC fleet. The new equipment is designed to improve route optimization for the RTC collection fleet along with providing better service to customers by verifying collection by GPS coordinates as well as RFID tags for time of collection service. On August 27, 2020, a pilot program was approved with Routeware for evaluating their software on the RTC collection fleet. Attached is a copy of the Routeware pilot agreement. The pilot was for 6 total vehicles (2 Residential, 2 Commercial, and 2 Roll -Off) for a period of 60 days. All Residential and Commercial vehicles utilized Windows Tablets and were provided 1 camera and a Proximity Sensor for each of the 4 automated vehicles. The Roll -Off trucks only utilized Windows Tablets. A Project Manager from Routeware was assigned to oversee the pilot which included installation and training. DISCUSSION: After a successful pilot program with Routeware, staff recommends moving forward with an agreement for installation of the Routeware software on the RTC collection fleet. The pilot program showed daily RTC operations will be improved with the continued use of the Routeware system. The RTC staff has worked closely with the City's IT and Fleet staff to develop this proposal. All departments will continue to work together on integration. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The purchase agreement of $127,936 includes 21 tablets, 18 cameras, installation and training, and $5,710.92 monthly support fees to be billed quarterly. The estimated go -live date is February 2022. This makes the annual support fees in 2022 a total of $57,109.20. BUDGET/STAFF IMPACT: Project 19004.1 has a balance of $95,001 that will be used for the hardware, installation, and training costs. The support fees are budgeted in the 2022 RTC operating budget. Attachments: 2020 Signed Pilot Agreement HGAC Contract Pricing Sheet Routeware Global Order Form pilot agreement Routeware Brian Pugh Submitted By City of Fayetteville Staff Review Form 2020-0682 Legistar File ID N/A City Council Meeting Date - Agenda !tent Only N/A for Non -Agenda Item 8/12/2020 RECYCLING/TRASH COLLECTION [750y Submitted Date Division / Department Action Recommendation: Approve and sign a pilot agreement with Routeware for the purpose of evaluating Routeware software programs on the RTC Collection Fleet. Budget Impact: 5500.750.5080-5816 Recycling and Trash Account Number Fund 19004.1 Route Optimization Project Number Project Title Budgeted item? Yes Current Budget $ 96,000.00 Funds Obligated $ - Current Balance $ 96,000.00 Does item have a cost? Yes Item Cost $ 999.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 95,001.00 V20180321 Purchase Order Number: Previous ordinance or Resolution # Change order Number: Approval Date: 08/ 2 7 / 0 Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Lioneld Jordan, Mayor THRU: Jeff Coles, Recycling and Trash Collection Director FROM: Brian Pugh, Waste Reduction Coordinator DATE: August 121�, 2020 STAFF MEMO SUBJECT: Approve and sign a pilot agreement with Routeware for the purpose of evaluating Routeware software programs on the RTC collection fleet RECOMMENDATION: Approve and sign a pilot agreement with Routeware for the purpose of evaluating Routeware software programs on the RTC collection fleet f �HI:[rI:Ti1�P■1 Recycling and Trash CIP project 19004 is approved for purchasing route optimization and RFID system enhancements. The project is for automatic vehicle locator telematics and Radio - Frequency Identification {RFID} service verification equipment for all trucks in the RTC fleet. The new equipment is designed to improve route optimization for the RTC collection fleet along with providing better service to customers by verifying collection by GPS coordinates as well as RFID tags for time of collection service. DISCUSSION: RTC staff has negotiated a pilot with Routeware for evaluating their software on the RTC collection fleet. Attached is a copy of the Routeware pilot agreement that outlines what is offered and all pilot fees have been waived except for costs related to Travel and Training for Routeware staff to conduct the pilot and any freight costs. Travel expenses are anticipated to be under $999. The pilot would be for 6 total vehicles (2 Residential, 2 Commercial, and 2 Roll -Off) for a period of 60 days which begins after installation and not after the agreement is signed. All Residential and Commercial vehicles will utilize Windows Tablets and will be provided 1 camera and a Proximity Sensor for each of the 4 automated vehicles. The Roll -Off trucks will only utilize Windows Tablets. A Project Manager from Routeware will be assigned to oversee the pilot and will schedule a pilot kickoff call with staff to work out the logistics and scheduling of the installation and training. BUDGET/STAFF IMPACT: Funds for Travel & Expenses not to exceed $999 for Routeware personnel to conduct the pilot with RTC staff, and freight costs will be used from 5500.750.5080-5816 Project 19004.1 Attachments: Pilot Agreement with Routeware Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville. AR 72701 Proposal for ayetteville - AR Prepared by Jim Farkas parKasurouteware.eom 1 (5u sj 946-8514 www.routeware.com ROUTEWARE' Z Sales Contact: Jim Farkas Phone. (503) 906-8514 Email: jfarkas@routeware.com Statement of Confidentiality & Non -Disclosure Date: August 10, 2020 Order Expires: September 5, 2020 Order # 4043-RO Routeware, Inc. agrees and understands that this Agreement and documents submitted to the City pursuant to this Agreement may be subject to disclosure pursuant to the Arkansas Freedom of Information Act (A.C.A. §25-19-101, et seg). This document contains proprietary and confidential information, All information and data submitted to City of Fayetteville - AR is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware, Inc. The recipient of this document agrees to inform present and future employees of City of Fayetteville - AR who view or have access to its content of its confidential nature. The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware, Inc.'s express written consent. Routeware retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi -media. BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT. Order # 4043-RO I Date: August 10, 2020 ROUTEWARE' Z Customer: City of Fayetteville - AR 1560 Happy Hollow Rd Fayetteville, AR 72701 PILOT Sales Contact: Jim Farkas Phone: (503)906-8514 Email: jfarkas@routeware.com Contact: Jason Dovis Phone: (479) 444-3487 Email: jadavis@fayetteville-ar.gov Pilot Program 6 OBCs for 60 days Payment Terms: Pilot Program: 100% due upon execution Travel and Expenses not to exceed $999 Pilot hardware to include: 6 Windows Surface GO tablets 4 Proximity Sensors for Windows 4 Standard HD Cameras (1 per automated truck) 4 Camera Controllers Date: August 10, 2020 Order Expires: September 5, 2020 Order # 4043-RO Ship to: City of Fayetteville - AR 1560 Happy Hollow Rd Fayetteville, AR 72701 Order 9 4043-RO I Date: August 10, 2020 1 $0.00 $0.00 Pilot Total: $0.00 Order Total: $0.00 ROUiEWARE Sales Contact: Jim Farkas Phone: (503) 906-8514 Email. jfarkas@routeware.com Pilot Program Includes: Testing of the system in the number of vehicles indicated on preceding page "Hosted" in the cloud by Routeware Installation of hardware in trucks Combination of On -Site and Web -Based Training 24/7 Support for duration of Pilot Date: August 10, 2020 Order Expires: September 5, 2020 Order # 4043-RO Trial period commences upon installation Eeffective date). Pricing for full deployment in the accompanying quote wi?I expire 60 days after the conclusion of the pilot program. Upon pilot completion, on -loan hardware shall be returned to Routeware in operational and good condition. On -loan hardware defined as: OBC (with monitor, if applicable). Modem, Comeru, and RflD. If customer chooses to keep on -loan hardware, fees stated on accompanying quote will apply and are due and payable immediately. if Route Sequencing is a requirement, additional professional services fees may apply. Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes. Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred. Pilot Success Criteria is defined as demonstrated ability to: Successfully transmit routes from Routeware Control Center (RCC) to vehicles. Successfully show GPS mapping data in RCC for vehicles installed - Show events (e.g. pickups, skips, extras) in RCC for vehicles installed. Enable back office personnel to view pictures taken by drivers of extras or skips events. Enable back office personnel to view the percentage complete on the routes. Enable back office personnel to view dashboard alerts for idle, speed. This quotation and all products and services herein are subject to and limited to the terms and conditions contained in Routeware's Master Terms located at http:Hwww.routeware.com/Clients. Any purchase orders issued in response to this Quotation, will be deemed acceptance of such terms and any acknowledgement Routeware issues is expressly conditioned on such acceptance. htto:l/WWW r0L1teware.e0m/Clic0ts Username: routeware Password: RMWentll I authorize this purchase subject to the terms and conditions of the Master Terms. Cit) Sigr Ll Name (Printed) Name (Printed) Mayor I Ele 08/27/20 Date Tit! e 7 Date Order # 4043-RO I Date: August 1 D, 2020 16525 SW 72nd Ave. Portland, OR 97224 , Office: 503.906.8500 • Fax: 503.906.8644 ��� CONTRACT PRICING WORKSHEET �7 For Catalog & Price Sheet Type Purchases Contract No.: FL03-21 Date Prepared: 12/1/2021 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying Agency: City of Fayetteville, AR Contractor: :Routeware, Inc. Contact 'Jason Davis Person: Prepares 'Rachel Goodwin By: Phone: 479.444.3487 Phone: €503-906-8522 Fax: Fax: €503-906-8544 Email: =jadavis(a)fayetteville-ar.gov Email: 'rgoodwin@routeware.com Catalog / Price Sheet Routeware Premium G06 Name: General Description of Product: Quan Description Unit Pr Total 21 Heavy Duty Android Tablet (On -board computer, Mounting Cradle & Accessories) 825 17,325 18 Proximity Switch for Windows and Heavy Duty Tablets 105 1,890 18 Camera Controller (Camera not included) 475 8,550 18 Standard HD Camera for Camera Controller with Cable 90 1,620 21 Vehicle Installation (Per Vehicle) 300 6,300 18 Prox Install 150 2,700 1 PM&T - Package 1 (Project Management, Server SW Install, Training) 15000 15,000 18 Camera System Installation (Per Vehicle) r * r 300 5,400 21 Cellular Data Charge Per vehicle - RD (Annual) 180 3,780 21 Subscription Fee 1788 37,548 18 Camera System Fee Per Vehicle (Annual) 540 9,720 18 Auto Pickup System Fee (Annual) 240 4,320 1 Cloud Hosting - Up to 50 vehicles (Annual) 7188 7,188 Total From Other Sheets, If Any: - Subtotal A: 121,341 Quan Description Unit Pr Total 18 Camera Power Kit for Windows and Heavy Duty Tablet 30 540 2 Monitor for Camera Controller 40 80 1 RouteMaker Support 5975 5,975 Total From Other Sheets, If Any: Subtotal B: 6,595 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is: the Base Unit Price plus Published Options (A+B). 5% �i�� �+���T �����J! 5��� ��� ��1 �N DocuSign Envelope ID: 93E2FC45-55EE-43A2-807E-FFDC2500195F RQUiEWARE' Routeware Global 16525 SW 72nd Ave Portland, Oregon 97224 United States Phone: (503) 906-8500 Fax: (503) 906-8544 Email: info@routeware.com Ship To Jason Davis City of Fayetteville - AR 1560 Happy Hollow Rd Fayetteville, Arkansas 72701 United States (479) 444-3487 jadavis@fayetteville-ar.gov Order #: Term: Date: Expires On Bill To City of Fayetteville - AR 1560 Happy Hollow Rd Fayetteville, Arkansas 72701 United States Order Form Q-00850-4 60 Months 7/6/2021, 12:47 PM 12/31 /2021 SALESPERSON PHONE EMAIL PAYMENTTERMS Jim Farkas (503) 906-8514 jfarkas@routeware.com Net 30 Statement of Confidentiality & Non -Disclosure This document contains proprietary and confidential information. All information and data submitted to City of Fayetteville - AR is provided in reliance upon its consent not to use or disclose any information contained herein except in the context of its business dealings with Routeware Global. The recipient of this document agrees to inform present and future employees of City of Fayetteville - AR who view or have access to its content of its confidential nature.The recipient agrees to instruct each employee that they must not disclose any information concerning this document to others except to the extent that such information is generally known to, and is available for use by, the public. The recipient also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without Routeware Global's express written consent. Routeware Global retains all title, ownership and intellectual property rights to the material and trademarks contained herein, including all supporting documentation, files, marketing materials, and multi -media. BY ACCEPTANCE OF THIS DOCUMENT THE RECIPIENT AGREES TO BE BOUND BY THE AFOREMENTIONED STATEMENT Q-00850-4 - 7/6/2021, 12:47 PM Page 1 of 4 DocuSign Envelope ID: 93E2FC45-55EE-43A2-807E-FFDC2500195F Hardware PRODUCT UNIT QTY UNIT PRICE EXTENDED Heavy Duty Tablet 10" Pro Tablet with Full Each 21.00 USD 825.00 USD 17,325.00 Install Kit (Android) Proximity Switch for Windows and Heavy Each 18.00 USD 105.00 USD 1,890.00 Duty Tablets Camera Controller (Camera Not Included) Each 18.00 USD 475.00 USD 8,550.00 Standard HD Camera for Camera Controller Each 18.00 USD 90.00 USD 1,620.00 with Cable Monitor for Camera Controller Each 2.00 USD 40.00 USD 80.00 Camera Power Kit for Windows and Heavy Each 18.00 USD 30.00 USD 540.00 Duty Tablets Hardware TOTAL: USD 30,005.00 Services PRODUCT UNIT QTY UNIT PRICE EXTENDED Vehicle Installation Each 21.00 USD 300.00 USD 6,300.00 Project Management and Training Each 1.00 USD 15,000.00 USD 15,000.00 Prox Switch Installation Each 18.00 USD 150.00 USD 2,700.00 Camera System Installation Each 18.00 USD 300.00 USD 5,400.00 Services TOTAL: USD 29,400.00 Support Fees PRODUCT UNIT QTY UNIT PRICE EXTENDED Cellular Data Charge (RD) Per Month 21.00 USD 15.00 USD 315.00 Cloud Hosting Per Month 1.00 USD 599.00 USD 599.00 Monthly Service Fee Per Month 21.00 USD 149.00 USD 3,129.00 Auto Pickup System Fee Per Month 18.00 USD 20.00 USD 360.00 Picture Service Fee Per Month 18.00 USD 45.00 USD 810.00 RouteMaker Subscription Per Month 1.00 USD 497.92 USD 497.92 Support Fees TOTAL: USD 5,710.92 Q-00850-4 - 7/6/2021, 12:47 PM Page 2 of 4 DocuSign Envelope ID: 93E2FC45-55EE-43A2-807E-FFDC2500195F Payment Terms - Hardware and Software: 100% due upon execution and prior to shipment Support Fees: Due quarterly in advance per Support Plan terms and conditions Services: Due upon receipt of invoice Additional Terms: Travel & Expenses not to exceed $12,000. Freight not to exceed $700. Support Fees will be billed quarterly at a monthly rate of $5,710.92. With an expected Go -Live in Februrary 2022, this would put 2022 recurring fees at a total of $57,109.20 Hardware, Services and Support Fees for 2022 would total $116,514.00. Terms & Conditions Information This Order and all products and services herein are subject to and limited to the terms and conditions contained in Routeware's Master Terms located at https://www.routeware.com/Clients. Any purchase orders issued in response to this Order, will be deemed acceptance of such terms. httos://www.routeware.com/Clients Username: routeware Password: RWClientl! Prices are exclusive of any federal, state, or local taxes. The customer is responsible for all federal, state, and local taxes. This system requires a specific server to operate Routeware software, which may need to be purchased separately. This system requires cellular connectivity for each vehicle which may need to be purchased separately. If route sequencing by Routeware is a requirement, additional professional services fees may apply. On -Board Computer software is sold as a perpetual license, allowing the license to be activated on replacement hardware. Any lapse in support voids perpetual license. Pricing does not include freight cost or travel expenses, which will be invoiced as they are incurred. Q-00850-4 - 7/6/2021, 12:47 PM Page 3 of 4 DocuSign Envelope ID: 93E2FC45-55EE-43A2-807E-FFDC2500195F City of Fayetteville - AR Signature: Date: Name (Print): Title: Routeware Global DacuSigned by: Signature: E�� 12/1/2021 2rF.aFecAzesoaFo... Date: Name (Print): Lanae Bulkley Controller Title: Please sign and email to Jim Farkas at jfarkas@routeware.com or fax to (503) 906-8544 DD/oouSigned by: 78CA7738440E43C... Q-00850-4 - 7/6/2021, 12:47 PM Page 4 of 4 MASTER SALES AND LICENSE AGREEMENT 1. DEFINITIONS The definitions of terms set forth in the Order are incorporated by reference herein. In addition, the following terms shall have the following meanings in the Order and in all Incorporated Agreements. "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Company" Routeware, Inc. and it's subsidiaries "Control" for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. "Confidential Information" has the meaning set forth in Section 9. "Data Sets" mean digital data set(s) including, but not limited to, geographic, vector data coordinates, raster, or associated tabular attributes in Software compatible format(s) supplied by Company or as part of Third -Party Products. "Designated Computer System" means a computer system and/or central processing units with associated network and licensed users, as set forth in the Order. "Dispute" has the meaning set forth in Section 10.8. "Documentation" means user guides, user manuals, specifications, and other documentation provided by Company for specific Truckware or Officeware, as such documentation may from time to time be amended or modified by Company. "Fees" means the amounts due for all Products and Services under the Order. "Hardware" means all items designated in the Order as "Hardware". "License Period" means the period listed on the Order, and any period of renewal (which shall be automatically renewing periods equivalent in length to the period listed on the Order), or if no such period is stated on the Order, for automatically renewing periods of one (1) year started from the Effective Date. "MSLA" means this Master Sales and License Agreement. "Officeware" means all server -based or desktop -based, Software that is provided to Customer by Company under this Agreement, whether installed at Customer's site, hosted by Company or cloud - hosted, other than Truckware. "Order" means the order to which this MSLA and any other Incorporated Agreements are incorporated by reference. "Products" means Hardware and Software. "Services" means all items designated in the Order as "Services" and "Support". "Software" means all items designated in the Order as "Software" and includes all Updates. "Support" means all items designated as "Support" in the Order and as further defined in the Support Plan. "Taxes" has the meaning set forth in Section 2.3. "Third -Party Products" means hardware and software sold by Company that is manufactured, developed or made available by other companies and distributed by Company for use in conjunction with the Products, including but not limited to products from Microsoft, Google, and open source or "free" software. "Third -Party Terms" has the meaning set forth in Section 4. "Truckware" means all Software that operates on hardware that is integrated into the Customer's vehicle fleet, whether such hardware is sold by Company or certified and approved by Company in writing. "Updates" has the meaning set forth in the Support Plan. 2. GENERAL ORDERING PROCESS AND PAYMENT Confidential Rev. 05.2021 2.1 Delivery. Company will use reasonable efforts to meet the delivery dates for Products and Services that are specified in the Order. All Product shipments are delivered F.O.B. Company's facility, with title and risk of loss passing at that time. All Products are deemed accepted upon delivery. Delivery delay or default of any instalment shall not relieve the Customer of its obligation to pay for Products or Services provided by Company or accept remaining deliveries of Product. 2.2 Payment Terms and Remedies. Unless otherwise stated in the Order, Customer will pay all invoiced Fees in the currency set forth in the Order within thirty (30) days following invoice date. All Fees are non- refundable. Fees for Software are based on parameters set forth in the Order (such as number of trucks or users) and not actual usage, and cannot be reduced or refunded during the License Period based on non-use. In the event of non-payment by Customer of any Fees, Company may, at its option, delay the delivery of Products and/or suspend Services and Support until all overdue Fees and late charges have been paid in full. 2.3 Taxes and Duties. Fees do not include anytaxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, any sales, value added or goods and services tax, or other governmental charges or tariffs imposed or payable in connection with the rights granted to Customer under this Agreement, or in connection with the payment of Fees (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder. If Company has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, Company will invoice Customer and Customer will pay that amount, unless Customer provides Company with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Company is solely responsible for taxes assessable against it based on its income, property and employees. 2.4 Price Adjustment. Beginning on the first full calendar year commencing after the Effective Date or on the one year anniversary of the Effective Date, Company may, upon thirty (30) calendar days' prior notice to Customer, prospectively increase any Support Fees no more than 10% and any Service Fees no more than 5%, effective on the first day of the subsequent year. 3. SOFTWARE LICENSES; SUPPORT 3.1 License. Subject to the provisions of the Agreement (including any geographical or location restrictions set forth in the Order), subject to the Customers payment of the Fees described in the Order, Company grants a limited, personal, non-transferrable, non-sublicensable, non-exclusive license during the License Period (which can be for a period certain or perpetual) to Customer: (a) To operate the Off iceware and Data Sets for Customer's internal purposes as set forth and subject to the limitations in the Order, in accordance with the Documentation. (b) To operate the Truckware on up to the number of trucks authorized on the Order, in accordance with the Documentation. Under no circumstances may Customer load Truckware on hardware (including computers and peripherals) that is not sold or certified and approved by Company. (c) To use the Documentation in connection with the licenses described in subsections (a) and (b). 3.2 Period of License. The license described in Section 3.1 will continue in force for the License Period, subject to, in the case of a subscription, either party electing against renewal by notifying the other party in writing at least ninety (90) days prior to the end of the then -current License Period. 3.3 Restrictions; Reservation of Rights. Customer agrees not to (and to not enable any third party to): (a) reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in the Software (except to the extent required by law or as necessary for interoperability purposes as required under terms and conditions required by the providers of Third -Party Products); (b) distribute, Confidential Rev. 05.2021 transfer, grant sublicenses to, or otherwise make available the Software or Documentation to third parties, including making the Software or Documentation available (i) through resellers or other distributors, or (ii) as an application service provider, service bureau, or rental source; (c) embed or incorporate in any manner all or part of the Software into other applications of Customer or third parties other than as authorized in applicable Documentation; (d) create modifications to or derivative works of the Software; (e) reproduce the Software (except that Customer may make up to two archival copies of the Officeware solely for backup purposes); (f) attempt to modify, alter, or circumvent any license control and protection mechanisms within the Software; (g) use or transmit the Software in violation of any applicable law, rule or regulation, including any export/import laws; (h) if the Order sets forth a Designated Computer System, use the Software on a computer system other than a Designated Computer System; (i) remove, obscure or alter any copyright notices or any name, trademark, service mark, tagline, hyperlink or other designation included on any display screen within the Software; (j) create any software that competes with the Software or provides substantially the same functions as the Software; or (k) use the Software in a country other than as indicated in the Order. All Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), Software is provided to U.S. Government End Users (i) only as a commercial end item and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Other than as stated in this Agreement, Company grants Customer no other right, title or interest in any Software. 4. THIRD PARTY PRODUCTS. Third -Party Products may be subject to additional license terms and restrictions ("Third -Party Terms"), which Company will make available to Customer as required by the suppliers of such Third -Party Products. In the event of a conflict between the terms of this Agreement and any Third - Party Terms, the Third -Party Terms shall control to the extent of the conflict. Company hereby assigns to Customer (to the extent assignable) all warranties given by the supplier(s) of Third -Party Products; provided, however, that Customer agrees to look to the supplier(s) for any Third -Party Products warranty, service and other post -purchase issues. Customer is solely responsible for obtaining any and all components, updates, new versions, and releases for any Third -Party Products necessary for use in connection with the Products. 5. AUDITS. During the term of the Agreement and for a period of one year thereafter, Company will have the right to perform an audit not more than once each year to verify that Customer is using the Products in compliance with the Agreement. The audit will include at a minimum Company having access to all Software, Hardware, Documentation and related Customer equipment (including all servers and personal computers that contain Officeware, and any hardware that contains Truckware). The audit will be performed from Monday through Friday, between 8:00 a.m. and 5:00 p.m. local time, and upon not less than 15 days' prior written notice to Customer. The audit will be conducted virtually or onsite at the Customers premises, at Company's sole cost and expense, subject to reasonable security and access restrictions. Customer will be permitted to have Customer personnel present during the audit. If an audit conducted under this Section discloses that Customer has underpaid by more than 3% any amounts payable under this Agreement during the period covered by the audit, Customer will pay Company the amount of that underpayment and, in addition, will be subject to legal remedies available to Company for Customer's breach of the Agreement. 6. REPRESENTATIONS AND WARRANTIES; DISCLAIMER 6.1 Mutual. Each party represents and warrants to the other party that: (a) it has the full corporate right, power and authority to enter into this Agreement and to perform the acts this Agreement requires of it; (b) the execution of this Agreement and performance of its obligations under this Agreement do not Confidential Rev. 05.2021 and shall not violate any other agreement to which it is a party; (c) when executed and delivered this Agreement constitutes the legal, valid and binding obligation of such party; and (d) any and all activities it undertakes in connection with this Agreement shall be performed in compliance with all applicable laws, rules and regulations. Hardware and Software Warranties. (a) Subject to the exceptions listed below in part (b), Company warrants (i) that the Hardware will be free from material defects in materials and workmanship and will operate in all material respects in accordance with its applicable Documentation (the "Hardware Warranty") for one year from the date of initial delivery (the "Hardware Warranty Period"); and (ii) that the Software will be free from material defects and workmanship and will operate in all material respects in substantial conformance with the Documentation (the "Software Warranty") for a period of ninety (90) days from the date of initial delivery (the "Software Warranty Period"). Customer may purchase renewals of the Hardware Warranty Period through extended service plans made available by Company in its discretion. Following the end of the Hardware Warranty Period, Company will have no further obligation to repair or support the applicable Hardware. (b) Company's entire liability and Customer's exclusive remedy for any reported breach of the Hardware Warranty or Software Warranty will be repair or replacement of the defective Product. All claims must be received by Company promptly upon discovery of any defect, and in no event after expiration of the applicable Warranty Period. The foregoing Hardware and Software Warranties do not apply to any defect or failure to operate that is attributable to: (i) Customer's misuse or abuse of or failure to maintain the Product; (ii) Customer's failure to operate the Product in accordance with the Documentation; (iii) input errors, data conversion errors or other such errors, such as Customer's failure to sequence route stops independently or through a Company professional services agreement; (iv) any change made to the Product by Customer without Company's written approval; iv) any defect, limitation or incompatibility in any equipment or other component installed by Customer; (vi) any accident, catastrophe, act of God, or interruption or fluctuation in electrical power supplies; (vii) any material change in Customer's business or in the operating conditions under which the Product is used; (viii) translations; or (ix) Third -Party Products. Disclaimer. THE WARRANTIES OF SECTION 6.2 ARE THE EXCLUSIVE WARRANTIES OFFERED BY COMPANY AND COMPANY MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. ALL OTHER CONDITIONS AND WARRANTIES, INCLUDING ANY CONDITIONS OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND THOSE THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, ARE HEREBY DISCLAIMED. LIMITATION OF LIABILITY INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WITH RESPECT TO THE FAILURE TO PAY AMOUNTS PROPERLY OWED, SECTION 9 (CONFIDENTIALITY), OR VIOLATIONS OF COMPANY'S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT DAMAGES THAT ARISE FROM OR RELATE TO THIS AGREEMENT (INCLUDING LOST PROFITS, LOST DATA AND ANY OTHER INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES), WHETHER FORESEEABLE OR NOT AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOTAL LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WITH RESPECT TO THE FAILURE TO PAY AMOUNTS PROPERLY OWED, BREACHES OF SECTION 9 (CONFIDENTIALITY), OR VIOLATIONS OF COMPANY'S INTELLECTUAL PROPERTY RIGHTS, EACH PARTY'S AGGREGATE CUMULATIVE LIABILITY TO THE OTHER IN CONNECTION WITH THIS AGREEMENT (INCLUDING ANY WARRANTY CLAIMS) Confidential Rev. 05.2021 WILL NOT EXCEED, IN THE AGGREGATE AND REGARDLESS OF WHETHER UNDER THEORY OF CONTRACT, TORT OR OTHERWISE, THE TOTAL AMOUNT PAID OR PAYABLE BY CUSTOMER TO COMPANY IN THE 12 MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO LIABILITY. EXCEPT WITH RESPECT TO THE FAILURE TO PAY AMOUNTS PROPERLY OWED, BREACHES OF SECTION 9 (CONFIDENTIALITY), OR VIOLATIONS OF COMPANY'S INTELLECTUAL PROPERTY RIGHTS, NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAYBE BROUGHT BY EITHER PARTY HERETO MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION HAS OCCURRED. 7.3 ALLOCATION OF RISK. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE RISK BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT, AND EACH OF THESE PROVISIONS WILL APPLY EVEN IF THE REMEDIES IN THIS AGREEMENT HAVE FAILED OF THEIR ESSENTIAL PURPOSE. 8. TERM AND TERMINATION 8.1 Term of Agreement. The Agreement begins on the Effective Date and continues until terminated pursuant to this Section 8. 8.2 Termination Rights. The Agreement (including any of the Incorporated Agreements) may only be terminated as follows: (a) by mutual, written agreement of the parties; (b) by either party if the other party materially breaches the Agreement, and does not cure the breach within 30 days after receiving written notice from the non -breaching party; (c) at the end of the License Period; or (d) by either party if the other party makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the U.S. Federal Bankruptcy Act or any other foreign or domestic statute, law, rule or regulation relating to insolvency or the protection of rights of creditors, which proceeding is not dismissed within 60 days. 8.3 Effect of Termination. Upon any termination of this Agreement, without prejudice to any other rights or remedies which the parties may have, the following applies: (a) Customer shall immediately cease all use of all Hardware and all Software and delete or return to Company all copies of Software in Customer's possession; (b) all other rights and obligations immediately cease, except that Sections 2.2, 3.3, 5, 6.3, 7, 8.3, 9, 10 of the MSLA, Section 2.2 of the Support Plan (if the Support Plan is an Incorporated Agreement), and Sections 5.1, 6, 7, 8, 9, and 10 of the PS Agreement (if the PS Agreement is an Incorporated Agreement) shall survive termination; (c) upon written demand, each party as a receiving party will return or destroy all of the other party's Confidential Information; and (d) Customer will immediately pay Company any undisputed amounts still outstanding. For clarity, undisputed amounts include all payments owed by Customer during the entire term of the Agreement. Upon termination of the Agreement, Routeware will make all route and customer data available to the Customer in a txt file that includes all Customer -collected data. The txt file will be comma -delimited with an associated data dictionary that describes what each field contains. The data should be provided prior to the Customer prior to the end of the Agreement term and be available for 60 days after the Agreement termination date 9. CONFIDENTIAL INFORMATION; PUBLICITY 9.1 Confidential Information. Both parties recognize that they may each receive (as a "Recipient") from the other (as a "Discloser") certain confidential and valuable proprietary information that is identified pursuant to the terms of this Section 9 as confidential (collectively, the "Confidential Information"). Both Confidential Rev. 05.2021 parties agree to identify any Confidential Information as follows: if written, with a written legend that says "confidential" or a similar term; or if verbal, by identifying the information as confidential when disclosed, and then sending the Recipient a written confirmation of that confidential status within 30 days after disclosure. Notwithstanding the foregoing, all pricing, Documentation and Software are Company Confidential Information. A Recipient will not, without the Discloser's prior written consent, disclose Confidential Information to any person other than those of its employees, independent contractors or consultants who need to know it for the purposes of this Agreement and who are bound by confidentiality agreements with the Recipient that are at least as protective as this section. A Recipient may only use Confidential Information for the purpose of this Agreement. A Recipient will handle any Confidential Information with the same care as it does its own confidential information, but in any event no less than reasonable care. None of the provisions of this section, however, apply to any Confidential Information that meets any one of the following criteria: (a) information possessed by the Recipient without restriction prior to receiving it from the Discloser, provided that the Recipient can demonstrate such possession was obtained lawfully; (b) information that the Recipient developed independently and without use of or reference to the Confidential Information, as documented by its written records; (c) information that the Recipient receives from another party who is not in breach of any of that party's obligations as a result of that disclosure; or (d) information that the Discloser intentionally discloses to any other party without any restriction on confidentiality. Additionally, a Recipient may disclose Discloser's Confidential Information to the extent that a court or other governmental body orders such Confidential Information disclosed by the Recipient, provided that the Recipient promptly notifies the Discloser of such order and provides the Discloser with notice and opportunity to contest it, if possible. These obligations shall survive the termination of this Agreement for a period of five (5) years, except with respect to any source code, which will remain protected until it is no longer Confidential Information. This Section does not intend to grant a Recipient any ownership interest or license or right to any intellectual property rights of the Discloser. Routeware agrees and understands that this Agreement and documents submitted to the Customer pursuant hereto are subject to the Arkansas Freedom of Information Act. 12.5. 9.2 Terms; Publicity. The parties will keep the terms and conditions of this Agreement confidential and will not divulge any of this information to any third party except as follows: (a) with the prior written consent of the other party; (b) as otherwise may be required by law or legal process; (c) during the course of litigation, so long as the disclosure is restricted in the same manner as is the confidential information of other litigating parties; and (d) in confidence to its legal counsel, accountants, banks, and financing sources and their advisors solely in connection with complying with or administering its obligations with respect to this Agreement; provided that, in (b) and (c) above, to the extent permitted by law, the disclosing party will use all legitimate and legal means available to minimize the disclosure to third parties, including seeking a confidential treatment request or protective order whenever appropriate or available, and the disclosing party will provide the other party with at least 10 days' prior written notice of such disclosure. Neither party may use the other party's trade names, trademarks or service marks, or engage in any publicity regarding this Agreement or its subject matter, without the other party's express written consent, which will not be unreasonably withheld or delayed. 10. MISCELLANEOUS 10.1 Independent Contractors. The parties are independent contractors with respect to each other, and nothing in this Agreement shall be construed as creating an employer -employee relationship, a partnership, agency relationship or a joint venture between the parties. 10.2 Insurance. Each party will maintain, at its own expense during the term of this Agreement, insurance appropriate to its obligations under this Agreement, including as applicable general commercial liability, errors and omissions, employer liability, automobile insurance, and worker's compensation insurance as required by applicable law. Confidential Rev. 05.2021 10.3 Customer Responsibility. Customer is solely responsible under the Agreement for all actions of its officers, directors, employees and contractors. Customer is solely responsible for the use of the Software, including but not limited to: assuring proper installation and configuration (if not installed and configured by Company); audit controls and methods; establishing adequate backup plans; converting data to and from the data structures used by the Software; assuring adequate data input and retrieval; and using the Software as set forth in the Documentation. Company is not responsible for any loss of data by Customer resulting from improper conversion Customer's data to or from the data formats and data structures used by the Software. Customer has sole responsibility for the accuracy, quality, integrity, reliability and appropriateness of all Customer data. Customer is solely responsible to prevent unauthorized access to, or use of, Products or Services hereunder, and will notify Company promptly of any such unauthorized access or use. Customer will comply with all applicable laws in its use of Products and Services hereunder. 10.4 Force Majeure. Each party will be excused from any delay or failure in performance hereunder, other than the payment of money, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to acts of God, earthquake, flood, labor disputes and strikes, riots, war, pandemics, telecommunications failures (including any systemic Internet failures and any interruptions in services of internet service providers), and governmental requirements. The obligations and rights of the party so excused will be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay. 10.5 Assignment. Neither party may assign its rights or obligations under this Agreement to any other person or entity, except for assignment and transfer of all of a party's rights and obligations under the following circumstances: (a) with the express written consent of the other party, which in the case of consent requested of Company, may not be unreasonably delayed or withheld; or (b) in the case of Company, to an Affiliate of the assigning party. Any transaction (or series of related transactions) that results in a change of Control of Customer is deemed to be an assignment for purposes of this Agreement. Any attempted assignment or delegation in violation of this section is void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties and their respective successors and assigns. 10.6 Waivers. No waiver of any breach of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach, and no waiver is effective unless made in writing and signed by an authorized representative of the waiving party. 10.7 Governing Law. The laws of the State of Arkansas, Washington County, Fayetteville AR, without regard to conflict of laws rules, govern the interpretation and enforcement of this Agreement. Any dispute or claim relating in any way to this Agreement, or use of the Services, or Company Materials will be resolved in a court of competent jurisdiction in Washington County, Arkansas. Neither party waives its right to a jury trial. 10.8 Intentionally Omitted. 10.9 Intentionally Omitted. 10.10 Conflicts. In the event that any term of this Agreement conflicts with governing law or is held to be ineffective or invalid by a court of competent jurisdiction, such term will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms of this Agreement shall remain in full force and effect. 10.11 Notices. Unless stated otherwise, all notices, consents and approvals under this Agreement must be delivered in writing by courier, by facsimile, by email or by certified or registered mail (postage prepaid Confidential Rev. 05.2021 and return receipt requested) to the other party at the address set forth on at the beginning of this Agreement, and are deemed delivered when received. Either party may change its address for notices by notice to the other party given in accordance with this Section 10.11. Customer is responsible for providing Company with its complete and accurate billing and contact information and notifying Company of any changes to such information. 10.12 Counterparts. The Agreement may be executed in counterparts, each of which will be deemed to be an original and together will constitute one and the same agreement. This Agreement may also be executed and delivered by electronic signature or facsimile and such execution and delivery will have the same force and effect of an original document with original signatures. 10.13 Headings; Interpretation. Headings are used in the Agreement for reference only and will not be considered when interpreting this Agreement. As used in this Agreement, "includes" (or "including") means without limitation. 10.14 Export Compliance. The Products may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied - party list. Neither party will access or use any Products or Confidential Information provided to it hereunder in a U.S.-embargoed country or region (currently the Crimea region, Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or governmental regulation. 10.15 Anti -Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do notviolate the above restriction. 10.16 No Third -Party Beneficiaries. There are no third -party beneficiaries under this Agreement. 10.17 Integration. This Agreement and the Orders together constitute the entire agreement between the parties with respect to the Products and Services and supersede all prior and contemporaneous discussions, negotiations, communications or agreements regarding the same subject matter. The terms on any purchase order, invoice, or other ordering document will have no effect and are hereby rejected. Confidential Rev. 05.2021 Jacobs Fayetteville Client Monthly Report for October 2021 November 19, 2021 City of Fayetteville AM CITY OF JUM FAYETTEVILLE ARKANSAS Night Sky Over Fayetteville West Side Water Resource Recovery Facility ON Jacobs Fayetteville Client Monthly Report for October 2021 j 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.......................................................4 2. Maintenance................................................................................................................................................5 2.1 West Side....................................................................................................................................................................... 5 2.2 Noland............................................................................................................................................................................5 2.3 Lift Stations..................................................................................................................................................................6 2.4 BMS Maintenance...................................................................................................................................................... 7 2.5 Key Performance Indicators/Measures.............................................................................................................7 Figure 2-1: Labor Hours by Work Order Type................................................................................................................ 7 Figure2-2: Work Order Count by Type.............................................................................................................................8 2.6 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 5. Community Outreach.............................................................................................................................13 6. Sustainability............................................................................................................................................15 7. Health & Safety/Training.......................................................................................................................16 Appendix A. Additional Information.................................................................................................................17 A.1 Effluent & Influent Data....................................................................................................................................... 17 A.2 White River Effluent Characteristics................................................................................................................ 17 Jacobs — Fayetteville Project 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos Executive Summary The end of the year is at hand. We have worked to deliver the project within the financial constraints set forth in the operating budget. Our financial tracking and analysis indicate that we will not come in under budget, but neither will we exceed the 5% contractual allowance designed to cover unintended costs. Three areas contributed to unintended costs: 1) thermal dryer, 2) Noland emergency generator and 3) a rental pump to dewater the basin for gate replacement. The total cost for these items was $219,878.89. The costs are broken down in the following table. Expense Cost Thermal Dryer $ 159,639.31 Generator $ 51,159.84 Pump Rental $ 9,079.74 Total $ 219,878.89 The thermal dryer costs include Landfilling during the time the dryer was down for evaluation and repairs. Jacobs changed the process for managing biosolids to increase the drying potential of the solar houses, reducing the amount of material Landfilled. The improvement saved approximately $10,000 per week in landfill costs. We experienced $220,000 in unplanned costs year-to-date but have only recognized $115,000 in budget overrun. For the month of October, we are showing a forecast of $60,101 over budget. The following charts show the budget performance through October. The non -labor section continues to grow with the added thermal dryer costs. We will have an additional $54,074 in landfill costs for the November report, which results in the annual expected overrun of $1 15,000. Budget Performance S58,102 S60,101 $44,573 S1113,194j ■ Labor ■ Non -Labor ■ Budget- Over (Under) Jacobs — Fayetteville Project 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos 1. Plant Operations The Noland and West Side Water Resource Recovery Facilities (WRRF's) 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 Noland WRRF discharge was stopped to the White River in preparation of quarterly filter cell bleaching and annual ozone disinfection channel inspection/clean out. Discharge will remain stopped for a total of 7 days continuing into the month of November. West Side During the month of October, the West Side Facility saw a slight decrease in influent BOD loading rates. Return activated sludge (RAS) and wasting (WAS) rates were monitored to maintain adequate inventory to prepare for incoming cool weather. 1.2 Biosolids Process During the month of October, the WRRF's produced 1,925 wet tons of biosolids. All the belt filter pressed biosolids were applied into the solar houses. A total of 1,245 tons of partially dried biosolids from the solar houses were landfilled due to thermal dryer downtime. A 35% moisture reduction was achieved with solar house drying. Tipping fees for the 54 loads of partially dried biosolids from the solar houses totaled $59,987 and averaged $47.84 per ton. Tipping fees for the total belt filter pressed biosolids at 1,925 tons would have been $92,085, saving approximately $32,098 in tipping fees for the moisture reduction. Considering operational costs, the solar drying operation prevented $10,886 in disposal costs this month, compared to if all biosolids were landfilled disposed. 1.3 Compliance John Byrd collected stormwater samples on October 27t" from two outfalls at the Solid Waste Division in accordance with the stormwater discharge permit requirements. The NPDES General Industrial Stormwater Permit No. ARR000210 designates an Industrial Sampling Sector Code N2 and P1 for Stormwater Outfall 001 and Code C1 for Stormwater Outfall 002 and 003. No discharge was present from Outfall 003 and did not require sampling. Samples were analyzed in-house for pH and total suspended solids and sent to GTS for nutrients and metals. Results were all statistically within scope and exhibited no unusual trends. 1.4 Successes The need for additional hauling capacity became evident during the dryer downtime. Unit 751 U is being re- fitted with the necessary components to operate the belted aluminum trailer to haul biosolids. This re -fit required a change in the hydraulic power take -off pump and accessories. The physical size of the aluminum trailer supports hauling about 24 tons of biosolids while remaining under 80,000 pounds. As a comparison the belt filter pressed loads in the end dump trailers average about 20.7 tons. Using the belted trailer to haul partially dried solar house material is also a safer practice, as the trailer is not raised to empty the contents. The belted trailer saves one trip to the landfill for every seven using the end dump trailers. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for October 2021 1.5 Issues/Resolutions Jacobs Pinnacle Ozone Solutions was on site to perform quarterly preventive maintenance tasks and repairs on the ozone generators and chillers. Installation was completed for sixteen quad block heat sink fans, a cooling water solenoid valve, two quad blocks and a circuit breaker. Another quad block was sent out to be refurbished for installation next quarter. Both ozone generators and chillers are now operating without issue. 1.6 Revenue Table 1-1: Revenue generated from the BMS Product Tons Sold/Received Revenue Generated Hay 253 $16,706 Fertilizer 22 $441 Water Treatment Residuals 183 $5,855 Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR Revenue Generated Biosolids Management Site $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,00 - F� n n ell eI ell �o Oe O Monthly 2020 O Monthly 2021 Cumulative 2021 Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for October 2021 2. Maintenance 2.1 West Side Jacobs Two rebuilt sub -mixers were installed in bio units 2 and 4 to replace motors that were no longer operational. 2.2 Noland Thermal imaging conducted during the electrical preventive maintenance revealed a melted wire on the influent pump station. The wire was replaced and connections were examined for looseness. f Noland Influent Pump Station Preventive maintenance thermal imaging reveals a melted wire The sodium hypochlorite NaCIO tank was replaced upon discovery of a bad liner. Nam , CI 5odi um hypochlorite ;;� 44 Screen displays arrived and were installed on the new variable frequency drives (VFD) of the Noland biosolids belt filter press. Jacobs — Fayetteville Pri,,... 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos 2.3 Lift Stations A grinder pump was installed at lift station 27 in Stonebridge Meadows to eliminate the excessive accumulation of rags and clogs. Stanebridge Meadows Lift Station #27 A new grind style pump will eliminate excessive accumulation of rags leading to clogs New gates were installed at lift station 7 Hamestring to repair the damage incurred during a high-speed collision in August. - Hamestring Lift Station #7 New gates installed after sustaining damage in a high-speed chase l Pump 2: A broken ring and sheared bolt were discovered in pump 2 on the impeller side of the pump. After extracting the bolt that was left in the gearbox, the team was able to install a new bolt and washer to hold the impeller in place. Pump 3: During a high flow event pump #3 was making a grinding noise and presenting excessive vibration. The facility was drained and inspected to reveal a broken inner and outer wear ring, as well as a damaged impeller. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for October 2021 Hamestring Lift Station #7 Broken ring and sheared bolt on the impeller side of Pump #2 High flow event reveals excessive noise and vibration due to a broken inner and outer wear ring in Pump #3 2.4 BMS Maintenance Jacobs Thermal dryer repairs continued through October. The focus for safe and efficient operation included securing the floating bearing assembly and additional sensors for temperature monitoring, while adapting VT Scada operation in the MCC room to allow remote operation of the dryer. The expectation is to have the dryer returned to operation in November. 2.5 Key Performance Indicators/Measures 576.51, 32% Figure 2-1: Labor Hours by Work Order Type ❑ 126.02, 7% ❑ 0.00, 0% ❑ administrative F---�- ❑ 31.00, 2% ❑ corrective maintenance emergency ❑ corrective maintenance non emergency corrective maintenance from pm/pdm ❑ 786.32, 441,., preventive maintenance project ❑ safety Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for October 2021 ❑ administrative ❑ corrective maintenance emergency corrective maintenance non emergency ❑ corrective maintenance from pm/pdm preventive maintenance project ❑ safety Figure 2-2: Work Order Count by Type 1653 5, 0% Jacobs ❑ 37, 2% ❑ 7. 0% 82, 5% ❑ 21, 1% Jacobs — Fayetteville Project 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos 2.6 Capital Improvement Projects (CIP) A purchase order was issued for six new anoxic mixers for the Noland aeration basin. The new mixers will be horizontally mounted as opposed to the vertical -mount units currently in service. With this purchase, all mixers on the east side will be updated models. It is anticipated that the west side mixers will be replaced in 2022 as a scheduled capital improvement project. Repairs to the Noland ozone generators were completed in October. This project received administrative approval in August. New denitrification pumps were installed and commissioned at the Noland facility. The proposal to purchase the pumps from Jack Tyler Engineering received approval at the June 1 st council meeting. Jacobs — Fayetteville Project 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos 3. Laboratory/Industrial Pretreatment The laboratory passed and submitted the DMR Quality Assurance 41 study results for all required parameters, except ammonia. The equipment used for ammonia analysis is awaiting parts that are experiencing shipping delays. Ammonia will be submitted later using a re -test sample. DMR-QA is a blind sample study of all permitted parameters that is reported annually to EPA Region VI and ADEQ. The USEPA requires NPDES permit holders to participate in an annual DMR QA Study and report the results to the ADEQ State QA Coordinator. Whole Effluent Toxicity (WET) samples were collected for the White River (WR) outfall at the Noland facility, and Goose Creek (GC) at West Side. WR samples were sent to American Interplex Corporation (AIC) for analysis and GC to Ramboll US Consulting, Inc. Both facilities passed WET testing for both species; Ceriodaphnia Dubia, water flea, for survival and reproduction and the Pimephales promelas, fathead minnow, for growth assessment showing neither lethal nor sublethal effects, in the dilution series 100%, 74%, 56%, 42%, 32% and 0% for GC and 97%, 73%, 55%, 41 %, 31 %, and 0% for WR. Samples of activated sludge and pressed solids were collected and sent to Midwest Laboratories and the University of Wisconsin for analyses requested by Bioenergy Devco. The samples will be analyzed for BMP, PFAS, and PFOA to study the feasibility of alternate sludge disposal opportunities. The laboratory completed a method comparison evaluation to begin the use of the HACH TNTpIusTI analysis for ammonia nitrogen replacing the current Ion Selective Electrode method (ISE). TNT provides a quicker and more stable analytical result and a much -improved reportable detection limit from the current 0.10 mg/L to a lower 0.02 mg/L. Annual compliance inspections were completed for significant industrial users Tyson Foods and ConAgra to determine compliance status with the industrial waste discharge permit, City of Fayetteville Code, and 40 CFR Part 403. Both were found in compliance. 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 October 2021 Jacobs Table 3-1: Revenue generated from the Industrial Pretreatment Program (IPP) Revenue $86,792.74 Surcharges on September data $2,850.00 Fees from hauled waste accepted in October $0.00 Other fees paid in October $0.00 Fines assessed in October Zero violations for all industrial users Violations on September data $120,000 $100,000 $80,000 $60,000 $40,000 $20,00$0 Figure 3-1: IPP revenue total from surcharges, fees, and fines Revenue Generated Industrial Pretreatment Program ���� �y� ,oe� 'oe� ,oe� `oe� P Poi tc` `moo � `tee ❑ 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 i 20 10 n n 0 I I n n ,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 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos 4. Woolsey Wet Prairie October was progressing as an incredibly dry month with only a single inch of rain going into the month's final week. The last week of October experienced over 6 inches of precipitation with four consecutive days of steady rainfall. This substantial October precipitation was a great start towards re -saturating Woolsey's wetland cells after a relatively dry summer -to -fall transition. Final preparations were made for the 8th Annual Blue -Green Infrastructure (BGI) Fall Event scheduled for Saturday, November 6th. This is a community engagement event organized around introducing volunteers to the importance of native seed collection efforts in Woolsey Wet Prairie Sanctuary. Every fall volunteers from the University of Arkansas, Northwest Arkansas Master Naturalists, and the community gather to spend a Saturday morning collecting indigenous, native seeds from Woolsey. Volunteers also help broadcast the varied mix of collected seeds into the WRRF's various rain gardens and bioswales for biodiversity expansion and plant -density improvements. This year's event will consolidate the facility's many habitat improvement projects under the designation of Blue -Green Infrastructure (BGI) projects while also highlighting key components of the water recovery process itself. This community engagement event allows the Jacobs team to discuss benefits of BGI rain gardens, wetlands, bioswales, and streambank restorations alongside the water recovery process, thus educating volunteers on both point -source and non -point source aspects of water use and subsequent watershed quality. October IVM field work was focused on starting safety site preparations for the next prescribed burn taking place in 2022. Field work mostly involves removing standing dead vegetation from around utility structures in the prescribed burn area: telephone poles, electrical boxes, flow control structures and signage. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for October 2021 5. Community Outreach Jacobs The Washington County Search and Rescue K9 team utilized the BMS site for training. Beautification projects in October included the Adopt -a -Street on Broyles Avenue and the Pick Up Where You Play at Lake Sequoyah. 0 Pick Up Where You Play Lake Sequoyah Saturday, October 91", volunteers gathered to help clean the roads and trails around the lake. The Parks and Recreation program aims to educate the public about the impact liter has on the waterways in Fayetteville. Jacobs — Fayetteville Project Jacobs Fayetteville Client Monthly Report for October 2021 Volunteers were sought from the community to attend the upcoming BGI Fall Event. - I Saturday 1 Nov. 5th, 2621 1 9:00 • 11.30 AM Woolsey Wet Prairie Sanctuary & West Side Water Resource Recovery Facility *+' i, 15 SOL501 Broyles Ave, Fayetteville, AR -'ice.i:.,r".Ik _ Jacobs ON NEME 1p BGGre1en Infrastructure W fl Jacobs — Fayetteville Project 14 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos 6. Sustainability October begins the new Jacobs Sustainability tracking year, giving us the opportunity to celebrate the 2021 sustainability highlights for the Noland, BMS, and West Side facilities: 1,000 pounds of mixed recyclables collected. 250 gallons of used oil recycled. 75 pounds of Nitrite gloves recycled. 70 pounds of Batteries recycled & Hazardous Wastes safely disposed. Jacobs staff participated in 250 hours of community service projects including: Washington Co. Search and Rescue K9 on -site training at BMS Fayetteville Animal Shelter Collection and Donations Broyles Avenue and Fox Hunter Roadside Clean-ups The NWA Barn Owl Livestream Nest Box Project Chimney Swift Prototype Nest -Roost Towers The Bluebird SuperGourd Project Invasive Vegetation Removal White River Watershed Streamside Clean-up Goose Creek Riparian Corridor Improvements Project Wingspan and WCRC Native Seed Collections Woolsey Homestead & Kessler Mountain Invasive Vegetation Removal Native Vegetation Propagation, Seed Collection and White Sagewort Transplanting Pick-up Where You Play Scull Creek Riparian & Lake Sequoyah Clean-ups Annual Secchi Day sampling at Beaver Lake with Beaver Water District Christmas Toy Drive with Toys for Tots and Life Source International Food and Clothing Donation to Life Source International Jacobs — Fayetteville Project 7 Jacobs Fayetteville Client Monthly Report for October 2021' oacos 7. Health & Safety/Training The safety program continues to be a dynamic and evolving process tool that has resulted in more than 718 days without a recordable incident. With the completion of weekly inspections and the attention to training updates, milestones such as this encourage the project to continually place safety considerations in every task. Wes Cloud, Site Safety Professional, provided lock-out/tag-out training to BMS while the departmental team meetings conduct various training sessions routinely. Leadership provides updates to the employees of their needed trainings and the project currently has completed 836 of the 964 required training opportunities for the year. The e3 database is being more fully aligned and utilized to track training and compliance progress and to send out notifications to staff and supervisors. The safety team representatives from each department have been instrumental in creating an atmosphere of inclusion and inspiration on how to incorporate safety topics into the routine training events. Each member of the operations department is engaged in the research and development of a topic for presentation which enhances the idea of ownership for the safety program success. This example of employee engagement is a great measure of how a safety program can increase the odds for a lowered incident rate through overall safety awareness. Donna McChristian attended the Jacobs CEO Leadership Roundtable webinar, "The Evolution of Leadership". Laboratory associates attended the Jacobs training webinar titled, "Hazards of Hazardous Waste". Jacobs — Fayetteville Project 16 ON Jacobs Fayetteville - Client Monthly Report for October 2021 jaco s Appendix A. Additional Information A.1 Effluent & Influent Data A.2 White River Effluent Characteristics 2021 Monthly WR WR WR Average CBOD CBOD TSS Flow (mg/L) (lbs/d) (mg/L) (MGD) Permit 5.5 578 5.0 Limit October WR WR WR WR WR D.O. pH TSS Phos Phos Ammonia Ammonia Avg Min (lbs/d) (mg/L) (lbs/d) (mg/L) (lbs/d) Min (s.u.) (mg/L) 525 1.00 105.0 2.4 252 7.5 6.0 pH Fecal Max Coliform (s.u.) (MPN/ loom[) 9.0 1,000 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 5.1 3.3 136 2.1 85 0.37 15.4 0.2 8 13.1 7.2 7.8 74 August 4.4 3.3 113 1.1 41 0.42 14.7 0.3 12 15.5 7.1 7.7 73 September 4.2 2.7 90 1.3 45 0.24 8.3 0.1 4 17.6 7.1 7.5 110 October 5.0 2.8 103 1.8 68 0.26 10.0 0.1 4 18.2 7.4 7.5 198 November December 5.8 3.3 165 2.1 Average 101 0.23 10.2 0.2 10 14.8 7.2 7.5 83 White River Effluent Characteristics- Minerals 2021 WR WR WR TDS TDS Sulfate (mg/L) (lbs/d) (mg/L) Permit 500 52,542 119 Limit October WR WR WR Sulfate Nitrate Nitrate (lbs/d) (mg/L) (lbs/d) 12,505 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 347 15,391 61 2,478 7 292 August 400 14,214 66 2,064 10 310 September 378 12,889 47 1,740 12 444 October 380 13,820 55 1,738 10 316 November December Average 354 17,089 61 2,947 7 295 Jacobs - Fayetteville Project 17 ON Jacobs Fayetteville - Client Monthly Report for October 2021 jaco s Goose Creek Effluent Characteristics 2021 Monthly Average Flow (MGD) GC CBOD (mg/L) GC CBOD (Lbs/d) GC TSS (mg/L) GC TSS (lbs/d) GC Phos (mg/L) GC Phos (lbs/d) GC Ammonia (mg/L) GC Ammonia (lbs/d) D.O. Avg Min (mg/L) pH Min (s.u.) pH Max (s.u.) Fecal Coliform (MPN/100ml) Permit Limit October 6.6 550.4 10.0 834 1.00 83.4 2.3 191.8 7.5 6.0 9.0 1,000 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 j 0.11 10.2 9.3 7.1 7.6 6 July 9.1 2.4 177.9 1.0 75 0.22 19.9 0.2 19 9.0 7.3 7.7 10 August 7.4 2.1 129 1.0 62 0.06 3.9 0.1 9 8.7 7.5 7.7 6 September 7.0 1.9 113.7 1.0 59 0.05 3.1 0.1 7.8 8.8 7.4 7.6 6 October 8.9 2.0 149.4 1.0 75 0.06 4.6 0.28 25.5 9.2 7.2 7.6 9 November December Average 10.2 2.0 173.5 1.0 86 0.09 7.9 0.2 13.8 9.7 7.2 7.5 7 Paul R. Noland Influent Characteristics Noland I Monthly Hydraulic WRRF Average Loadings Flow Percent of (MGD) Design Designed 12.6 (Annual Avg.) BOD Organic TSS TSS Loading Loading Loading Loading (Lbs/d) Percent (lbs/d) Percent of of Design Design 29,666 23,198 PO4 PO4 NH3 NH3 Loading Loading Loading Loading (lbs/d) Percent (Lbs/d) Percent of of Design Design 765 2,250 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 5.0 39.7% 13,984 47.1% 7,746 33.4% 207 27.1% 559 24.8% August 4.1 32.5% 14,698 49.5% 9,221 39.7% 187 24.4% 789 35.0% September 4.2 33.1% 16,082 54.2% 9,571 41.3% 215 28.1% 881 39.1% October 5.3 42.1% 19,869 67.0% 12,089 52.1% 232 30.3% 956 42.5% November December Average 5.7 45.3% 15,278 51.5% 8,959 38.6% 201 26.3% 770 34.2% Jacobs - Fayetteville Project 18 ON Jacobs Fayetteville - Client Monthly Report for October 2021 jaco s West Side Influent Characteristics West Side Monthly WRRF Average Flow (MGD) Hydraulic Loadings Percent of Design Boo Organic TSS TSS PO4 PO4 NH3 NH3 Loading Loading Loading Loading Loading Loading Loading Loading (lbs/d) Percent of (lbs/d) Percent (lbs/d) Percent (lbs/d) Percent Design of Design of Design of Design 14,595 14,595 584 1918 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 9.1 91.1% 12,941 88.7% 15,103 103.5% 176 30.2% 1,443 75.2% August 7.4 74.0% 16,394 112.3% 14,720 100.9% 153 26.2% 1,612 84.0% September 7.0 69.8% 17,354 118.9% 18,155 124.4% 181 31.1% 1,626 84.8% October 8.9 89.0% 13,940 95.5% 13,892 95.2% 188 32.2% 1,696 88.4% November December Average 10.2 101.6% 13,810 94.6% 13,947 95.6% 194 33.2% 1,636 85.3% Jacobs - Fayetteville Project 19 ON jaco s Jacobs Fayetteville - Client Monthly Report for October 2021 Labor Status Department Job Title Employee Name Fayettevill e /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% Brandi Miller- Admin Project Coordinator DeWeese 90.00% Admin Administrative Assistant Christy Taylor 100.00% Admin Administrative Assistant Kassandra Foster 100.00% BMS BMS Supervisor Peter Burrow 100.00% BMS Lead Operator Jerry Genz 100.00% BMS Lead Operator John Tenberge 100.00% BMS Equipment Operator Charlie Boger 100.00% BMS Equipment Operator Rick Witherspoon 100.00% BMS Equipment Operator Vacant 100.00% BMS Operator I David Dajani 100.00% BMS Operator In Training Ben Shondelmyer 100.00% BMS Operator In Training Jeremy Johnson 100.00% BMS Operator In Training Robert Donnell 100.00% BMS Operator In Training Matthew Goud 100.00% BMS Mechanic Mike Reed 100.00% Admin Admin-Ops 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 Training Vacant 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% Jacobs - Fayetteville Project Jacobs Fayetteville - Client Monthly Report for October 2021 ON jaco s SCADA SCADA Supervisor Mayo Miller 100.00% SCADA Instrument & Control Tech Pat Cooley 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 A Vacant 100.00% Admin Engineering Intern, U of A Sarah Garrison 100.00% Maint Engineering Intern, U of A Vacant 100.00% SPECIAL PROJECTS (Performed in scope) Area Reason Name Hours SCADA Network Upgrade Campos, Edgar 8 Maintenance Asset Manager Support Bass, Edward Lee 2.2 Turley, Johnny D Maintenance Asset Manager Support (JD) 54 Jacobs — Fayetteville Project 21